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HomeMy WebLinkAboutTB-10/07/2008 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES October 7, 2008 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, October 7, 2008 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 7:30 PM with the Pledge of Allegiance to the Flag. Call to Order 7:30 PM Meeting called to order on October 7, 2008 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived William Ruland Town of Southold Councilman Present Vincent Orlando Town of Southold Councilman Present Albert Krupski Jr. Town of Southold Councilman Present Thomas H. Wickham Town of Southold Councilman Present Louisa P. Evans Town of Southold Justice Present Scott Russell Town of Southold Supervisor Present Elizabeth A. Neville Town of Southold Town Clerk Present Patricia A. Finnegan Town of Southold Town Attorney Present I. Reports II. Public Notices 1. N Y S D E C Community Coordinations Meetings scheduled for Preliminary Flood Insurance Study (FIS) and accompaning maps 2. Renewal of License with NYS Liquor Authority Bedell North Fork LLC d/b/a Bedell Cellars, 36225 Main Rd., Cutchogue 3. NYSDEC - Notice of Complete Application Hawkeye Energy Greenport, LLC October 7, 2008 Page 2 Minutes Southold Town Board Meeting III. Communications IV. Discussion 1. 9:00 Am - Barry Pendergrass, Dept of State Goldsmith Jetty 2. 10:00 Am - Executive Session - Peter Bergen Esq. Litigation - Broadwater 3. 10:30 Am - Beach Erosion Restoration Task Force Follow up 4. Anti Bias Task Force Request Sponsorship for attendance at ERASE Racism Training (7 people @ $350) 5. Guardrail at Island View Lane, Greenport 6. Intersection of Cox Lane and Route 48 - Per Councilman Krupski 7. Agricultural Data Statement - Per Councilman Krupski 8. Updated, Docks on the Bay - Per Councilman Krupski 9. Association of Towns - Per Councilmen Orlando and Krupski 10. Appointment of Representative to L.I. North Shore Heritage Area 11. Adoption of NYS Town Clerk Assocation Resolutions 12. 12:30 Pm - LUNCH 13. Waiver of Merger Discussion - Town Attorney Finnegan 14. 11:00 Am - Executive Session - Richard Zuckerman, Esq. Attorney Client Communication - Town’s legal options relating to to reducing expenses/budget 15. Executive Session Litigation - Sharkey/Lockel v. Justice Court - Amerada Hess Corp v. Town of Southold et al - CSEA grievance settlements October 7, 2008 Page 3 Minutes Southold Town Board Meeting 16. 12:00 Noon - Executive Session - Chief Cochran Appointment/employment of particular person/s - Police Department Pledge to the Flag Opening Statements Supervisor Russell SUPERVISOR RUSSELL: Would everyone please rise for the pledge? Alright, would anybody like to come up and address the Town Board on any of the agenda items? Melanie Norden, Greenport MELANIE NORDEN: Melanie Norden, Greenport. In looking at the agenda tonight, I have to tell you, I am astonished. You have just announced in the press that you are 25 percent over thth budget presumably, 9/10 or 8/10 into the year which comes as a unfortunate and heartbreaking surprise to many of us. And yet I see resolutions 926, 927, 928, 940 and 943 maybe others, I haven’t had time to fully review the agenda, that indicate that you are going to spend some more money this year. On things that I don’t see are absolutely critical. And I would like to hear four words from this Board this evening and those four words are we can’t afford it. This is a terrible time for Americans, as you all know, and we are facing incredible economic woes, people are going to lose their jobs, people are going go lose their homes and they are going to lose their savings. This is absolutely no time to be initiating anything new, any additional expenditure, unless the roof is generally completely and utterly falling in. and I have to tell you, I don’t think any of you appreciate the firestorm that has happened in this community as a result of finding this out for whatever reasons; justified, unjustified, whatever. I don’t know who has been th minding the shop but it is not really fair to come to us 9/10 into the year and say, oh, we happen to be way over budget this year and by the way, in the worst year in economic memory, we are going to try to raise your taxes a whole lot. So tonight, I don’t know why these items are even on the agenda. I don’t see any of them as critical and I would really like to enjoin you that you have an obligation to us now. You are over budget and that means you have to stop. So I hope you vote down every resolution in which you plan to spend one red cent this evening. COUNCILMAN ORLANDO: Well, that one expensive item you might be talking about is the town hall roof. That was allocated, obviously, last year. We have been talking about replacing the roof for years. The roof is leaking terribly…. MS. NORDEN: Alright, then repair it. Repair it. Do a few little repairs but I don’t see how, in any case, I mean there is going to be a reason for every expenditure… SUPERVISOR RUSSELL: Okay, let’s first of all, everybody gets to talk and respond and no interruptions. But let’s understand some facts. First of all, the town in not 25 % over budget…. MS. NORDEN: Well, that is what the press reported. I am sorry if it isn’t. SUPERVISOR RUSSELL: That is not what it said. What it said was, in order to maintain October 7, 2008 Page 4 Minutes Southold Town Board Meeting spending at current levels, we’d need to raise taxes. And that was a cursory review two weeks in the paper, 25 percent. We are not 25 percent over budget…. MS. NORDEN: How much are you over budget? SUPERVISOR RUSSELL: We are not over budget one penny. The idea is how much money will we need to operate town government next year? That is the issue. We are not 25 percent, we are not one penny over budget this year. All of this spending is coming exactly in line with what we forecast…. MS. NORDEN: Okay, so did you respond to the Suffolk Times article? SUPERVISOR RUSSELL: No, because that is not what they said so there was no need to. Other people read it right, what we are saying is, this is what our budget needs will be for next year. This is what our revenue is forecast to be, which is substantially less than this year, this is what our costs will be. There is a 25 percent, was estimated at the time, that we might need to raise taxes. Of course, that is 13.81 and we have plenty of work to do on that budget to get that number down even farther. The Board is working together every day to bring those numbers down. But at no time did the article or did I ever suggest this town is over budget. We are not. MS. NORDEN: Okay, so we are not over budget on any line items? SUPERVISOR RUSSELL: No. No. MS. NORDEN: Okay. So then maybe we need to address the fact that any increase in a budget in this year is not acceptable to taxpayers. SUPERVISOR RUSSELL: To this year or to next year? MS. NORDEN: To next year. SUPERVISOR RUSSELL: Well, you are exactly right. which is why the original, the budget that I proposed has a zero percent in spending for next year. Zero percent. What it has was a 3.42 percent increase as a result of medical because our medical plan ran short. MS. NORDEN: Okay, so what is the 14 percent then? SUPERVISOR RUSSELL: That would be the raise in taxes to offset the need because without getting the revenue which offsets some of the functions of government. That is two fold increase. One is for a $1.22 million shortfall in medical cost because we are self insured and second, to offset the revenue that we are not anticipating getting next year for the offset of town functions. But again, that 13.8 was a budget that was proposed, there is plenty of work that is left to be done to reduce that number even farther. Alright, now… MS. NORDEN: Is that something that the Board is committed to doing? October 7, 2008 Page 5 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Absolutely, we are meeting regularly, we met with counsel today to talk about options, $11 million of that budget is payroll, obviously we are going to try to get some savings there. we are doing everything we can. Now, with regard to the resolutions themselves, if you read them carefully, for instance, 926, it is not one penny, it is a lease agreement. Because Suffolk County gives us vehicles… MS. NORDEN: Scott, I…. SUPERVISOR RUSSELL: Facts are important, Melanie. And the fact is, that is not a dollar spent there. That is a lease agreement with the County of Suffolk to accept one of their vehicles so we can perform senior services. That is an MOU, it is standard fare, it doesn’t cost us any money. The county offers us use of those vehicles, provided that we offer them a lease agreement with them. Those are the types of things that aren’t going to affect savings by cutting out those services to seniors. MS. NORDEN: Okay, and how about the rest of the resolutions that I spoke about? SUPERVISOR RUSSELL: That one I would be glad to go over with you one at a time and we will address them as we go. MS. NORDEN: Okay. So the other resolutions do require some expenditures? SUPERVISOR RUSSELL: I don’t know, you rattled off the numbers but we can go over every one. MS. NORDEN: Alright, well let’s look at the ones that are in the agenda tonight that actually incurred expenses or expenditures for the Town. And I am just suggesting, I am not going to quibble with whether some of these things are necessary or not from some points of view…. SUPERVISOR RUSSELL: Right. MS. NORDEN: Well, I am saying these times are extraordinary so they require extraordinary measures and they require anything that isn’t an absolute necessity… SUPERVISOR RUSSELL: We agree. MS. NORDEN: Okay. SUPERVISOR RUSSELL: And I already…. COUNCILMAN KRUPSKI: We did meet…. MS. NORDEN: So do we absolutely need new copy machines or can we limp by and save ourselves a couple of thousand dollars? October 7, 2008 Page 6 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Those are service agreements, the other ones are expired if I am not mistaken and we have to have copy machines as a function of town government. The contract, we lease copy machines with the service agreement… MS. NORDEN: Okay. SUPERVISOR RUSSELL: Those service agreements are expired, so we have to get the new ones. MS. NORDEN: Okay and with respect to the roof, is that something that we have to replace the entire roof or can we do any repairs on that? SUPERVISOR RUSSELL: That, the reason, that was actually out of a bond which we authorized months and months and months ago, to upgrade this building to save the town money. I have made it clear from the beginning, I am not interested in building a new Town Hall, I am interested in making sure this building is serviceable and functioning for the foreseeable future because we can’t afford to build anymore. That was a capital bond that this board authorized months ago, that capital bond is pennies in the overall general fund… MS. NORDEN: I know but everything will end up being pennies in the overall general part of the budget… SUPERVISOR RUSSELL: But we have already gone to bond market for that money and the idea was to upgrade this building so we wouldn’t need to build the $7 million monstrosity… MS. NORDEN: I understand that except for the fact that if you don’t spend the money on the roof, it could be allocated or could it not, to some other expenditure? SUPERVISOR RUSSELL: No, it is a…. MS. NORDEN: There might be a more necessary capital expenditure. SUPERVISOR RUSSELL: I don’t believe that we could do that. We have told bond counsel what that the use is for and it is restricted to that use. MS. NORDEN: Alright. Well, I just want you to know from many perspectives, from friends and from neighbors and other people I talked to, it really came as a very large shock to people that were taxpayers and especially in the last few years when we have had like 1 percent and 2 percent budget increases, the idea that we would even float something like 14 percent in the worst possible year in our memory, probably since the 1930’s is gonna be, the idea that you would even remotely consider that is so upsetting to so many people. SUPERVISOR RUSSELL: Then they don’t understand the issue of the budget process. October 7, 2008 Page 7 Minutes Southold Town Board Meeting MS. NORDEN: Whatever they understand, what they know, they don’t even need to understand anything except are their taxes going to go down or remain the same. Because also remember although I know you don’t want to undergo reassessment, our property values must be worth at least 30 percent less than they were two years ago. And so what we are talking about is really a decrease in many property values, which would mean in the best of all possible worlds, for example if we lived in Florida, we would have immediate reassessment and immediate decrease in our taxes, so we really, we have less property value where they are proposed, no matter what it is, they don’t have to understand the process at all, all they need to understand is the end of the day what is the amount of my tax bill? Will it stay the same, will it go down or will it increase? SUPERVISOR RUSSELL: Right and… MS. NORDEN: And I want this Board to commit to the fact that my tax bill remains the same going into the next fiscal year, no matter how you do it. SUPERVISOR RUSSELL: And this Board is committed to working, we have to start somewhere. That budget was presented based on our actual fiscal needs, we are working together now to find those economies, we have to adopt a budget by November 1? Or December 1? th TOWN ATTORNEY FINNEGAN: November 20. th SUPERVISOR RUSSELL: November 20. That is what we are working on now, every day. With work sessions, with department heads, that is the process that we, don’t presume we are not doing that. We are. COUNCILMAN KRUPSKI: Really, the Supervisor did a lot of ground work on this to start the whole, and he proposed the budget. A number of us met with all the department heads here one morning. The supervisor laid it on the line, pretty bluntly, about the town’s financial situation and we have been meeting with each department head individually, trying to look. We are going to go through, I think, every department head first and then we are going to have to sit down honestly, as a Town Board, and say cuts for this year, we will patch the holes in it, really long term, is it going to be better next year or do we have to make some bigger changes so that next year we are not going to be doing this say thing next year. SUPERVISOR RUSSELL: I will tell you, I am presuming that we are in for a pretty extended down turn in the fiscal climate, so any of the budgeting this year can’t be a quick fix. It has to be a long term solution to get us through the next two or three years because it is going to be a difficult few years. MS. NORDEN: Yeah, I know. I understand that. But the long term solution and the short term solution is my tax bill remains the same. No matter how you do it. And if that means no new police officers, if that means no new trammel screens and $600,000 or more of investment of equipment in the dump which we talked about and which you assured me was because the dump would then be competitive and then we find out that we projected revenues much less for the October 7, 2008 Page 8 Minutes Southold Town Board Meeting next two or three years, presumably we bought that equipment for that reason. You know, there are a lot of concerns that I will raise later about the budget but I have many concerns and they may include making much more difficult decisions than you have already made. SUPERVISOR RUSSELL: We are getting there, everyday. MS. NORDEN: Okay. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? Mrs. Egan, do you want to go now? Joan Egan JOAN EGAN: Joan Egan. East Marion. I am back. COUNCILMAN WICKHAM: Good to see you. MS. EGAN: Alive and kicking. COUNCILMAN WICKHAM: That, too. MS. EGAN: You all up there did read the justice reports? Raise your hand? Not bad. The reason that I stress that is you know my concern for our town and for our accidents and I did get a little feedback that some of these accidents, when they hit a full stop sign, any kind of a metal sign, that costs us money. Do the people, probably you can’t answer it, do the people who, if they are apprehended, who have destroyed a sign, do they have to pay those? Pay for us back to those? I don’t know. I should think so. SUPERVISOR RUSSELL: Remuneration would be an issue for the judge to decide in the sentencing. MS. EGAN: Mr. Wickham. Your head is not falling off, is it dear? COUNCILMAN WICKHAM: No. I am listening intently. MS. EGAN: We don’t know. I will try to find out. COUNCILMAN ORLANDO: Well, if we don’t, we should. Because I know LIPA will charge you, if you hit a telephone pole and break it, you will pay for it. MS. EGAN: I know the telephone, I know that. But our, you know but our full stop signs, our lights, you know, our traffic lights. They should but we will see. Alright, now, item 921, I know they signed the paper, I know that is done, I don’t know whether we will have enough in our budget for a new code enforcer but how many of these people that are going away are eligible to serve as code enforcers? Anybody know? SUPERVISOR RUSSELL: Every single one of them on the list. October 7, 2008 Page 9 Minutes Southold Town Board Meeting MS. EGAN: Well, then I think to help our economy, they should stay home and help the code enforcer. That is right. SUPERVISOR RUSSELL: Yeah. Again, understanding the issues, they have to by law, receive continuing education. MS. EGAN: You keep telling me that. SUPERVISOR RUSSELL: Well, let me tell you something. I would rather send them to Hampton Bays than to New York City, which is an issue we just took up today. I would rather send them to a local place where they can get that accreditation without having to spend money on overnight travel etc. So I strongly recommend all of the members that need continuing education to take the local courses because there will be no money for long term courses. MS. EGAN: Well, how about each and every one of them, in their paycheck, receive a letter that they help the code enforcer. Get off their, you know what… SUPERVISOR RUSSELL: I am having a meeting with them right after the budget is over to discuss their changing roles over there. MS. EGAN: Good. Now, we have item 922, now that is a Halloween parade from 1, 12 to noon or whatever. That is fine. Then the next one is at 6:00 and the following one is, which means we need police for them. I know we need police for all of them. You know, for some but you need more at night, especially in the world we live in now. Correct? SUPERVISOR RUSSELL: Traffic control officers are usually in attendance on these things. But I will point out that the one you are talking about in Cutchogue actually has a good attendance as chaperones, which is the fire department itself. Which lends itself to the security of that area and the safety very well. MS. EGAN: Well, there were always policemen either in front or behind and I think these things are fun and I know we don’t want to give them up because we love these kind of things in our town but they are dangerous. They truly are. And we will see what happens. Oh, I didn’t understand item 925. We are never going to get rid of that word aging but…. SUPERVISOR RUSSELL: Oh, you don’t like the word aging. That is, again, on going agreements with the County of Suffolk, intermunicpal agreements that provide services to the aging out here, with county support, financial assistance etc., cars. We are required to maintain leases and agreements with the county. MS. EGAN: Well, there is another one in that regard about the car, that is the next one, 926. SUPERVISOR RUSSELL: That is right. October 7, 2008 Page 10 Minutes Southold Town Board Meeting MS. EGAN: Yeah, what is that about? SUPERVISOR RUSSELL: That, again, is the county providing a car to Southold Town that provides services to the aged but would do so…. MS. EGAN: Is that the 1998 one? SUPERVISOR RUSSELL: Excuse me? MS. EGAN: A 1998? COUNCILMAN KRUPSKI: It refers to the car and the program. TOWN ATTORNEY FINNEGAN: It is the 1998. MS. EGAN: An aging car for an aging crowd? Is that the, how we do it? TOWN ATTORNEY FINNEGAN: We have had the car. SUPERVISOR RUSSELL: We’ve had the car, this is just…. TOWN ATTORNEY FINNEGAN: This is just a renewal of the lease. But we have had the car since ’98. MS. EGAN: Then what is this all about then? SUPERVISOR RUSSELL: Again, it is a car owned by Suffolk County that we lease from them at no fee to provide services to the senior citizens of Southold Town. MS. EGAN: And that will go on? SUPERVISOR RUSSELL: That will continue with that vehicle. MS. EGAN: Okay. Oh, what about this roof thing? What is that all about? 928. SUPERVISOR RUSSELL: That is an effort to get this building in better shape because it is, over the years, not gotten any attention. It has led to serious moisture issues, mold issues. Issues you have raised at the dais. And again, this is, if people want to know what the new town hall is going to look like, they need to look around because this is it. MS. EGAN: So what are they going to do? SUPERVISOR RUSSELL: They are going to re-roof the building. MS. EGAN: Re-roof it? October 7, 2008 Page 11 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: And then after that, we can get the insulation in the attics, we can try to exact some fuel efficiency here. There is moisture in the attics, in the eaves, so that we can’t even re-insulate now until we stop the leaks. All of this is designed to get this building more fuel efficient, less costly to operate and also something that is going to last us over the next several years. MS. EGAN: Does that include the justice court building? SUPERVISOR RUSSELL: No, it does not. MS. EGAN: How is that roof? SUPERVISOR RUSSELL: That justice court building roof is deplorable. It is a pre-fab structure that wasn’t meant to be maintained. It was a pre-fab structure that has more than lived its utilities. MS. EGAN: The roof is pretty good, is that what… SUPERVISOR RUSSELL: Well, it is not leaking but there is a host of other issues there so… MS. EGAN: That we know. But it is not leaking so we don’t need a new roof there now. Okay. SUPERVISOR RUSSELL: No. COUNCILMAN KRUPSKI: There was, I mean, there was a big push in prior administrations to replace town hall with sort of a Taj Mahal theme and I think this Board made a decision months ago that we should just fix up and make do with what we have but because other administrations thought they were going to abandon this building, a lot of maintenance was let go. MS. EGAN: Okay. Well, we will have to see. Oh, now on item 930, this is police department. How many do we have on the force now? SUPERVISOR RUSSELL: 44, I believe. MS. EGAN: And we have, are the ones that were out on disability, they are back? SUPERVISOR RUSSELL: Well, for the most part. We still have some that are on disability, too, that look like they will retire on disability because they are too hurt to return. MS. EGAN: Yeah. I always ask for more police officers because we reviewed the fact, you know, for the overtime and all of that, it works out cheaper for the most part to have another police officer so I am sure you are keeping that on the top of your hat. SUPERVISOR RUSSELL: Right. This particular that you asked about, is a budget, it is a October 7, 2008 Page 12 Minutes Southold Town Board Meeting modification of the budget to take out of retirement reserves to offset the spiked cost in fuel and running of the fleet out there. MS. EGAN: Yeah, I know. Now we have a lot of Fishers Island things. The justice lady keeps checking those things for me? Over there? JUSTICE EVANS: Those are seasonal employees, they need more people in the summer. MS. EGAN: Hmm? JUSTICE EVANS: The people that are mentioned in these resolutions are people that worked during the summer that aren’t necessary during the off-season. MS. EGAN: Well, this, not all of them are seasonal, I don’t think. You have the purser. I don’t think he was seasonal but he is gone. And when I, I heard indirectly and I think it is correct and I think it was when I was here the last time, we are trying to do not replace if we can do without. In other words, not only for Fishers Island but for we here, if somebody is out or leaves and we can do without, that is what we are doing rather than increase our payroll. SUPERVISOR RUSSELL: We can’t presume to replace anybody, everything has to be done thoroughly and thoughtfully. There are some key positions that you might have to have and some positions, given the change in climate, that you need to do without. MS. EGAN: Good. Okay. Fishers Island. You know, quite frankly I am surprised we even have as many as we do here tonight. I said to Mrs. Neville and I said to that gentleman, that little machine, it keeps them out of Town Hall. I thought with what was in the Suffolk Times last week, about, well they ran a very big figure of 25 percent, you know, increase; that this place would be mobbed. I don’t think that helps. SUPERVISOR RUSSELL: They are out in front of my home right now with burning… MS. EGAN: Huh? SUPERVISOR RUSSELL: They are in front of my home right now with burning torches. MS. EGAN: As long as it is not the Ku Klux Klan, dear, you are okay. Oh, now, item 936. Now, this Goldsmith Tuthill house, where is that? SUPERVISOR RUSSELL: The Goldsmith Tuthill house is located… COUNCILMAN ORLANDO: In New Suffolk, I believe. MS. EGAN: Where, for me? If I had to walk from here, where would I go? COUNCILMAN KRUPSKI: You go left, south on New Suffolk Avenue and when you hit the October 7, 2008 Page 13 Minutes Southold Town Board Meeting blinking light, you turn east, go towards the old wharf there and about halfway down, just past the ballfield, it is on your left hand side. MS. EGAN: I see. Now, when we take these as historic landmarks, we own them then? COUNCILMAN KRUPSKI: No. SUPERVISOR RUSSELL: No. All we do is simply designate it on behalf of, at the owners request, as a historic landmark for our historic landmark statutes. The owner asks us to designate, we designate it. It meets the criteria of the state and federal government, so we therefore issue it as a historic landmark. MS. EGAN: Who does the upkeep? SUPERVISOR RUSSELL: The owner does. It is a privately held home. MS. EGAN: Oh. Because I thought if it was ours as a way of making money, we might have a tour but, if it is their’s… SUPERVISOR RUSSELL: They literally get a plaque and a proclamation from us but all the burden is theirs, financially. MS. EGAN: Okay. Item 937. Land acquisition. Why in god’s name do we want to spend more of our money buying more land? SUPERVISOR RUSSELL: It is actually a donation of environmentally fragile land of 8 some odd acres. It is a donation on behalf of the Heaney family. It is a very generous offer. They are not looking for money, they are looking to donate it to us. And that is consistent with the areas we have already acquired in and around that parcel, so it adds to the critical mass of property we have preserved around that area. MS. EGAN: And then we are responsible for anything that happens there? SUPERVISOR RUSSELL: Well, yeah. That is the burdens of ownership. Absolutely. MS. EGAN: I don’t know whether we are doing ourselves a favor by taking it. I really don’t. That is how I feel. I have said that to you for a long time, that all of this land, land preservation, very, very dangerous. And you may have to sell some. Okay, now, item 939. How does that play out for us getting back our money? JUSTICE EVANS: That is for a sewer district on Fishers Island, it is a separate sewer district and it just simply goes to the sewer district. MS. EGAN: Now how do we get the money? October 7, 2008 Page 14 Minutes Southold Town Board Meeting JUSTICE EVANS: There is a user fee… MS. EGAN: What? JUSTICE EVANS: There is a user fee assessed to the people hooked up to the sewer district on Fishers Island. MS. EGAN: So it hooks up how? JUSTICE EVANS: Excuse me? MS. EGAN: In other words, how are they going to get the money? They owe us $2400… JUSTICE EVANS: It gets…. SUPERVISOR RUSSELL: Can I explain? Alright. What you have is a self-contained and self- financed sewer district on Fishers Island. They go out and they levy fees each month for service. From time to time, a customer doesn’t pay the bill. They have the opportunity to convert that outstanding balance as a tax lien. In order to do that, the Town Board needs to pass a resolution and notify the Assessor to take that outstanding balance of $2600 or so and convert it to a tax lien to be put on the bill in December. We will collect that money in December when the bill goes out, because the tax lien is the best way to collect money and then we will distribute it back to the Fishers Island sewer district. MS. EGAN: Okay. Do we make, is there interest charged on that? SUPERVISOR RUSSELL: Generally not. There will be interest charged on the overall tax bill and that amount because it becomes part of the tax lien if it is not paid but generally the tax bill gets paid. MS. EGAN: Oh, who is going away on a seminar on 943? Oh, Mrs. Finnegan. COUNCILMAN WICKHAM: 943 is fully, the total cost of this is $120 and it is connected with a grant from the New York state government. MS. EGAN: I don’t agree. COUNCILMAN WICKHAM: That is your privilege. MS. EGAN: I think we can probably do without or do it by telephone or computer. You have got to stop spending this money. I will be back later. Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? Mr. Meinke? Howard Meinke, Mattituck HOWARD MEINKE: I would like to continue the budget discussion if that is okay. October 7, 2008 Page 15 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Particular to any budget item? COUNCILMAN WICKHAM: It is a short agenda. Afterwards. SUPERVISOR RUSSELL: We can get through the agenda pretty quickly. MR. MEINKE : My name is Howard Meinke, I live in Laurel. Speaking about the budget increase, I have been through this here and elsewhere before when there is a budget increase and the people who appreciate the assets of the Town don’t always come out to the budget discussions. There is a certain group of raise my taxes 5 cents and I am going to move to North Carolina, I will go bankrupt, it is a big problem; they are the ones that come to meetings like this. Now, I retired in 1992, I don’t get a pension, I am living off money that I had and invested and those investments aren’t doing all that well so I could very well complain about the raising of taxes but the other side of the question is that Southold is a very special place and you have got to weigh this tax discussion about what you are getting for the money. And in your budget you are going to put in a master plan. Now, I can hear the roof come in when that is made public that there is master plan money, we don’t need to do that. Well, clearly we do need to do that. There is a slow down coming up; when building and everything comes back, we need a master plan, we need a firm direction for this town to go. We will have time to do it. You have slack in the Planning Department, this is a good opportunity to get it done with personnel in house. You can, if you send little pieces of it out, you can drive a hard bargain because there is not a lot of work for those people right now. so this is economically a good time to do that. You put it off and it will cost more, so it makes sense to do it now and if you put it off and the Planning Department is full of projects and, then it is too late. You have to have a plan in place before this stuff hits the fan, so if you care about Southold, it is nice to be as economically as you can but do the master plan. If you don’t do the master plan, there is a very good chance the town will overdevelop down the road and every time you build a house it is generally considered throughout the planning world that for the buck a house pays in taxes, it costs a buck forty to do roads and schools and everything else. You will get higher taxes if you don’t pass a master plan than if you do. So I think it is very important and if the money is so important that you move to North Carolina, god bless you but Southold is a marvelous place and I would like to pay the money and it still be a marvelous place down the road. Thank you. SUPERVISOR RUSSELL: Thank you, Mr. Meinke. Would anybody else like to address the Town Board? On any issue regarding the agenda? Please, Tom. Tom Skabry, CSEA Pres TOM SKABRY: Tom Skabry, I am the union president for the public employees. I am here because, basically the budget thing is the only reason I am here but I see that tonight you have resolution 928, redoing the roof. I would like to commend the Board, actually, on approving this bid or hopefully approving the bid and I just want to remind the Town Board that if you link this to abating a hazard to the workers, you can apply to the federal government and get up to 75 percent back. And that is what the pesh inspector told us when he came down to the highway department. The other resolution is 937, I have to agree with Melanie. This is now not the time to be purchasing or taking land off of the tax rolls. If we are already expecting a 25 percent October 7, 2008 Page 16 Minutes Southold Town Board Meeting reduction in your revenue for next year, why increase it by taking more land off the tax rolls? That is all I would like to put out there. SUPERVISOR RUSSELL: Thank you, Tom. MS. NORDEN: (from audience) Just to correct that, I didn’t object to (inaudible). SUPERVISOR RUSSELL: Okay. Would anybody else like to address the Town Board on the agenda? (No response) Hearing none, let’s move forward. V. Resolutions 2008-919 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit October 7, 2008 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby October 7, 2008. ? Vote Record - Resolution RES-2008-919 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-920 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Meeting October 21, 2008 4:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, October 21, 2008 at the Southold Town Hall, Southold, New York at 4:30 P. M.. October 7, 2008 Page 17 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-920 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-921 CATEGORY: Attend Seminar DEPARTMENT: Building Department Attend Seminar - Building Department RESOLVED grants permission to that the Town Board of the Town of Southold hereby Building Permits Examiner Patricia Conklin, Building Inspector Gary Fish, Fire Inspector Robert Fisher, Building Inspector George Gillen, Building Permits Examiner Damon Rallis and Chief Building Inspector Michael Verity to attend a seminar on Motor Fuel-Dispensing Facilities and Repair Garages in Hampton Bays, New York, on October 21, 2008. All expenses for registration and travel to be a legal charge to the 2008 Building Department budget (meetings and seminars). ? Vote Record - Resolution RES-2008-921 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-922 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Southold Elementary School to Use Certain Roads for Its Halloween Parade in Southold, on Saturday, October 25, 2008 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Southold Elementary School to use the following route for its Halloween Parade in Southold, on Saturday, October 25, 2008 (r/d October 26 @ 1:00 PM) at 12:00 Noon : October 7, 2008 Page 18 Minutes Southold Town Board Meeting beginning at the Southold Firehouse, proceed west on Route 25 to Oaklawn Avenue to the elementary school, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2008-922 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-923 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Cutchogue Fire Department to Use a Certain Route for Its Annual Halloween Children’s Parade in Cutchogue, on Friday, October 31, 2008 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Cutchogue Fire Department to use the following route for its Annual Halloween Children’s Parade in Cutchogue, on Friday, October 31, 2008 beginning at 6:00 PM: begin at Cutchogue West School on Depot Lane north to the Main Road, west on Main Road to New Suffolk Road, south on New Suffolk Road to the Cutchogue Firehouse, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2008-923 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded October 7, 2008 Page 19 Minutes Southold Town Board Meeting 2008-924 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Mattituck Lions Club to Use Certain Roads for Its Annual Halloween Parade in Mattituck, on Friday, October 31, 2008 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Mattituck Lions Club to use the following roads for its Annual Halloween Parade in Mattituck, on Friday, October 31, 2008 beginning at 6:00 PM: beginning at the Firehouse, west on Pike Street, Southold on Westphalia Road, east on Old Sound Avenue, north on Love Lane, east on Pike Street to Mattituck High School, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2008-924 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-925 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Amendment of Agreement Between the Suffolk County Office for the Aging and the Town of Southold for the Transportation Assistance Program RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Amendment of Agreement between the Suffolk County Office for the Aging and the Town of Southold for the Transportation Assistance Program , IFMS No. SC EXE 08000001389, for the period April 1, 2006 through March 31, 2009, subject to the approval of the Town Attorney. October 7, 2008 Page 20 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-925 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-926 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Lease Agreement (Agreement No. 525- CAP-CAP-1749.518-02) Between Suffolk County Office for the Aging and the Town of Southold for Acquisition of a 1998 Ford Taurus Station Wagon, Vehicle Identification No. 1FAFP57U2WA146369 RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Lease Agreement (Agreement No. 525-CAP- CAP-1749.518-02) between Suffolk County Office for the Aging and the Town of Southold for acquisition of a 1998 Ford Taurus Station Wagon, Vehicle Identification No. 1FAFP57U2WA146369 , for a term commencing on April 22, 2008 through April 21, 2013, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-926 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-927 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Acquisition Agreement Lease or Purchase and Related Addendums with Canon Business Solutions, Inc. RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Acquisition Agreement Lease or Purchase and October 7, 2008 Page 21 Minutes Southold Town Board Meeting related Addendums with Canon Business Solutions, Inc. in connection with upgrading copiers at Town Hall and Town Hall Annex, at a monthly cost of $2,459.67 for a period of 60 months from date of installation, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-927 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-928 CATEGORY: Bid Acceptance DEPARTMENT: Public Works Town Hall Roof RESOLVED accepts the bid of that the Town Board of the Town of Southold hereby Carter-Melence, Inc, PO Box 907, Sandy Beach, NY 11789, to replace and reconstruct the Town Hall roof system, the amount of $72,300,as per the plans & specification prepared in by James Richter, RA, Office of the Town Engineer and authorizes Supervisor Scott Russell to sign an Agreement with Carter-Melence, Inc, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-928 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-929 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Relay for Life-2009 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby American Cancer Society (Dawn Heard-representative) to use all of Jean Cochran Park on October 7, 2008 Page 22 Minutes Southold Town Board Meeting May 30 - May 31, 2009 (from 8:00 a.m. on 5/30/09 - 10:00 a.m. on 5/31/09). This is an overnight event. Applicant must file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as additional insured. ? Vote Record - Resolution RES-2008-929 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-930 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification - Police Fiscal Impact: To replenish the fuel lines to hopefully get us through to end of year. RESOLVEDmodifies the 2008 Whole that the Town Board of the Town of Southold hereby Town budget as follows: From: A.1990.4.100.200 Retirement Reserve $60,000.00 To: A.3120.4.100.200 Gasoline & Oil $40,000.00 A.3130.4.100.200 Gasoline & Oil $20,000.00 ? Vote Record - Resolution RES-2008-930 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-931 CATEGORY: Employment - FIFD DEPARTMENT: Accounting October 7, 2008 Page 23 Minutes Southold Town Board Meeting Terminate Employment of FIFD Purser Joshua Elsensohn WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their October 1, 2008 meeting to terminates the employment of Joshua Elsensohn, and WHEREAS the Town Board of the Town of Southold is required to approve such termination of employment for employees of the Fishers Island Ferry District, now therefore be it RESOLVEDterminates the employment that the Town Board of the Town of Southold hereby of Joshua Elsensohn, Purser for the Fishers Island Ferry District, effective October 1, 2008. ? Vote Record - Resolution RES-2008-931 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-932 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Release FIFD Seasonal Laborer Nicholas Powell WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their October 1, 2008 meeting to release Nicholas Powell from the position of Seasonal Laborer, and WHEREAS the Town Board of the Town of Southold is required to approve the termination of employment for employees of the Fishers Island Ferry District, now therefore be it RESOLVEDreleases Nicholas Powell that the Town Board of the Town of Southold hereby from the position of Seasonal Laborer, effective September 30, 2008. October 7, 2008 Page 24 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-932 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-933 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Release FIFD Seasonal Theater Personnel WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their October 1, 2008 meeting to release Karla Heath and Mike Conroy from their seasonal employment at the Fishers Island Movie Theatre, and WHEREAS the Town Board of the Town of Southold is required to approve the termination of employment for employees of the Fishers Island Ferry District, now therefore be it RESOLVEDreleases Karla Heathfrom that the Town Board of the Town of Southold hereby the position of Seasonal Clerk, effective October 1, 2008, and be it further RESOLVEDreleases Michael Conroy that the Town Board of the Town of Southold hereby from the position of Seasonal Recreation Aid, effective October 1, 2008. ? Vote Record - Resolution RES-2008-933 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-934 CATEGORY: Support Resolution October 7, 2008 Page 25 Minutes Southold Town Board Meeting DEPARTMENT: Town Clerk Objection to 6% Reduction in Grant Funds for Records Management Town Board of the Town of Southold Objects to the Loss of Local Government Records Management Improvement Fund WHEREAS, the Local Government Records Management Improvement Fund was established through Chapter 78 of the Laws of 1989; and WHEREAS, this law provided for a $5 surcharge on every document recorded in the County Clerks Office throughout New York State; and WHEREAS, the revenues collected were dedicated to fund competitive records management grants administered by the State Archives; and WHEREAS, this grant program has had tremendous positive impacts in counties, towns, cities, school districts and special districts throughout NYS awarding $168 million to 8500 local governments since its inception; and WHEREAS, in March, 2008, a little known provision of the State Budget allowed $500,000 of these dedicated funds to be “swept” into the State’s general fund; and WHEREAS, an additional 6% of “unexpended” funds has now been reduced from grants awarded from this dedicated fund; NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Southold asks the State Legislature to recognize that these funds are local funds raised by local clerks for local government and dedicated by the Senate and Assembly for a specific valuable purpose; and be it further RESOLVED, that the Town Board of the Town Southold requests that no further “sweeping” or other transferring of money from this valuable dedicated fund be permitted, and be it further RESOLVED, that a copy of this resolution be forwarded to Governor Patterson, and the membership of both the Senate and Assembly of New York State. ? Vote Record - Resolution RES-2008-934 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded October 7, 2008 Page 26 Minutes Southold Town Board Meeting 2008-935 CATEGORY: Support Resolution DEPARTMENT: Town Clerk Opposing the Proposed Changes to the Public Health Law, Consolidating Local Registrars of Vital Statistics WHEREAS, The New York State Local Government Commission on Efficiency and Competitiveness has made certain recommendations to the Governor which affects the operation of local governments, and WHEREAS, one of the recommendations of the Commission was to move all Registrar of Vital Statistics duties to the county level under the direction of the New York State Health Commissioner, and WHEREAS, New York State Department of Health has developed a program bill that would allow the Commissioner to consolidate the function of the local Registrars of Vital Statistics, and WHEREAS, New York State Department of Health has inappropriately attached these proposed changes in the structure of the Registrar of Vital Statistics duties to the “Pandemic Flu and Public Health Emergency Preparedness Law, and WHEREAS, the Commissioner could consolidate these services without county legislative approval, and WHEREAS, the local City, Town, and Village Clerks have provided this service professionally and efficiently over the years, and WHEREAS, losing this business would have a financial impact on the local governments, and WHEREAS, many citizens are under financial stress due to the high fuel costs, and WHEREAS, the County’s geography would increase this burden since services would be located further from the residents, WHEREAS, the local Registrars presently charge $10.00 per certified copy and the State proposed that the County will charge $30.00 per certified copy, NOW, THEREFORE, BE IT RESOLVED that in the interest of good government, the Town opposes the consolidation of the function of local Registrars Board of the Town of Southold of Vital Statistics , and BE IT FURTHER RESOLVED that this bill not be re-introduced in the 2009 legislative session, and October 7, 2008 Page 27 Minutes Southold Town Board Meeting BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to our Governor and State Elected Officials to encourage their support. ? Vote Record - Resolution RES-2008-935 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Seconder ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-936 CATEGORY: Misc. Public Hearing DEPARTMENT: Town Clerk Set Tuesday, October 21, 2008 at 5:05 P.M., for a Public Hearing to Consider the Designation of the Goldsmith-Tuthill House on the Town’s Register of Historic Landmarks RESOLVED that pursuant to the provisions of Chapter 170 (Landmark Preservation) of the Tuesday, October 21, 2008 Town Code, the Town Board of the Town of Southold hereby sets at 5:05 P.M., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing to consider the designation of the Goldsmith-Tuthill house on the town’s register of Historic Landmarks; the house is located at SCTM 1000-117-8-8, 16995 Main Street, New Suffolk, New York . The property owner, Joan B. Robbins, has requested and the Historic Preservation Commission has recommended the property for inclusion on the town’s register ? Vote Record - Resolution RES-2008-936 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-937 CATEGORY: Property Acquisition Public Hearing DEPARTMENT: Land Preservation Heaney Property Donation Set Public Hearing October 7, 2008 Page 28 Minutes Southold Town Board Meeting RESOLVED sets Tuesday, October 21, that the Town Board of the Town of Southold hereby 2008, at 4:55 p.m., Southold Town Hall, 53095 Route 25, Southold, New York, as the time and place for a public hearing on the question of acquisition by gift of fee title to vacant lands totaling approximately 8.62± acres from Marion Heaney , the owner of record, for open space preservation purposes in accordance with Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold. The two parcels, identified as SCTM #1000-34-1-7 (8.0± acres) and SCTM #1000-41-1-1 (0.62± acre), are located at 69200 County Road 48, approximately 294 feet east of the intersection of Madison Street and County Road 48, and 555 Madison Street, approximately 403 feet south of the intersection of Madison Street and County Road 48, respectively, in Greenport, New York, in the R-40 zoning district. Both parcels are listed on the Town’s Community Preservation Project Plan List of Eligible Parcels as properties that should be preserved for open space, scenic and wetlands protection. Proposed uses of the property are open space, scenic protection, wetland protection and drainage, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the properties. The purchase price of this open space donation will be acquisition costs associated with the transfer of fee title using Community Preservation Funds. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcels of land are on file in the Land Preservation Department, Southold Town Hall Annex, 54375 Main Road (Route 25), Southold, New York, and may be examined by any interested person during business hours. ? Vote Record - Resolution RES-2008-937 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded October 7, 2008 Page 29 Minutes Southold Town Board Meeting 2008-938 CATEGORY: Property Acquisition Public Hearing DEPARTMENT: Land Preservation Dickerson Property Donation Set Public Hearing RESOLVED sets Tuesday, October 21, that the Town Board of the Town of Southold hereby 2008, at 5:00 p.m., Southold Town Hall, 53095 Route 25, Southold, New York, as the time and place for a public hearing on the question of acquisition by gift of fee title to vacant land owned by the Estate of Ernest F. Dickerson for open space preservation purposes in accordance with Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold. The parcel consists of approximately 0.12± acre and is identified as SCTM #1000-115-12-1. The parcel is located approximately 205 feet west from the intersection of Deep Hole Drive and New Suffolk Avenue in Mattituck in the R-40 zoning district. The address is 5840 New Suffolk Avenue, Mattituck, New York. The parcel is listed on the Town’s Community Preservation Project Plan List of Eligible Parcels as property that should be preserved for open space and wetlands protection. Potential uses of the property are open space, wetland preservation, drainage, and potential access to Deep Hole Creek, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the property. The purchase price of this open space donation will be acquisition costs associated with the transfer of fee title using Community Preservation Funds. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcels of land are on file in the Land Preservation Department, Southold Town Hall Annex, 54375 Main Road (Route 25), Southold, New York, and may be examined by any interested person during business hours. October 7, 2008 Page 30 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-938 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Seconder ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-939 CATEGORY: Tax Lien DEPARTMENT: Town Clerk Place Lien on Doherty Property (SCTM #1000-12-1-2) for 2008 Unpaid Fishers Island Sewer District Bill RESOLVED that the Town Board of the Town of Southold, in accordance with Article XV, determines that Section 215-50 of Chapter 215 of the Code of the Town of Southold, hereby the Fishers Island Sewer District rent owed by Carolyn Juleen Doherty and Thomas F. Doherty, Jr. in the amount of $2421.56 for the year of 2008 which rent remains unpaid, shall be levied against the real property of Carolyn and Thomas F. Doherty, Jr. (Carolyn Juleen Doherty SCTM #1000-12-1-2), and shall be collected at the same time and in the same manner as Town taxes. ? Vote Record - Resolution RES-2008-939 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-940 CATEGORY: Employment - Town DEPARTMENT: Police Dept Request Town Board Sponsor Daniel A. Blados as a Seasonal Police Officer RESOLVED sponsors Daniel A. Blados that the Town Board of the Town of Southold hereby as a candidate in the Suffolk County Police Academy, Brentwood, New York , as a Seasonal Police Officer commencing, Monday, October 6, 2008. October 7, 2008 Page 31 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-940 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Seconder ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Initiator ?? Rescinded 2008-941 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification - Police Fiscal Impact: Modification needed to cover routine marine vehicle repair line due to exceeded repair needs. RESOLVEDmodifies the 2008 budget that the Town Board of the Town of Southold hereby as follows: From: A.3130.4.400.600 Buoy Maintenance $2,991.06 To: A.3130.4.400.650 Vehicle Maintenance $2,991.06 ? Vote Record - Resolution RES-2008-941 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-942 CATEGORY: Public Service DEPARTMENT: Town Attorney Authorizes Dominion, Owner of the Millstone Power Station, to Install a Replacement Pole and Siren in the Town’s Right-Of-Way in a Location Designated by the Fishers Island Fire Department, as Part of an Upgraded Emergency Warning System. RESOLVEDauthorizes Dominion, that the Town Board of the Town of Southold hereby October 7, 2008 Page 32 Minutes Southold Town Board Meeting owner of the Millstone Power Station, to install a replacement pole and siren in the Town’s right-of-way in a location designated by the Fishers Island Fire Department , as part of an upgraded emergency warning system. ? Vote Record - Resolution RES-2008-942 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Seconder ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-943 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk NYS Archives Electronic Records Mgmt Symposium RESOLVED grants permission to Town that the Town Board of the Town of Southold hereby Clerk Elizabeth Neville, Town Attorney Patricia Finnegan, Technical Coordinator John Sepenoski, and Records Management Assistant Stacey Norklun to attend the New York State Archives Electronic Records Symposium day workshop on Issues in Electronic Records Management, Freedom of Information Law and Legal Issues of Electronic Records in Farmingdale, New York, on October 16, 2008. All expenses for registration to be a legal charge to the 2008 Town Clerk Whole Town Budget Meetings and Seminars A.1410.4.600.200. ? Vote Record - Resolution RES-2008-943 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-944 CATEGORY: Litigation DEPARTMENT: Town Attorney October 7, 2008 Page 33 Minutes Southold Town Board Meeting Settlement Agreement RESOLVEDapproves the settlement that the Town Board of the Town of Southold hereby agreement between the Town of Southold and the CSEA dated October 2, 2008 , subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-944 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded Closing Statements Supervisor Russell SUPERVISOR RUSSELL: That concludes the agenda for this meeting. Would anybody like to come up and address the Town Board on any issue of mutual interest? Melanie? Melanie Norden MELANIE NORDEN: As a point of clarification, (inaudible) from what Howard had to say, have you designated monies in the upcoming budget for a master plan? SUPERVISOR RUSSELL: Yes, the one I proposed includes monies for consultants and I, it is a work product I developed with the director of Planning, we estimated how much we would need for outside counsel, outside consulting and how much we could do in house and I have a budgeted figure, I believe $65,000 in the budget I proposed…. MS. NORDEN: Okay. When I looked in the budget I didn’t see that that was designated specifically for master planning. SUPERVISOR RUSSELL: No, well, that is the way that that program is set up. It says it is for professional consulting but it is for the, in other words, if you go to the Planning Board… MS. NORDEN: Right. SUPERVISOR RUSSELL: …line, you will see at the bottom it says for professional consulting. MS. NORDEN: Okay. So that means that you hope to complete a master plan in that year? SUPERVISOR RUSSELL: I hope to utilize that money for a master plan, with outside consultants. Certainly I can’t suggest that we will get it done in all of 2009 but certainly I plan October 7, 2008 Page 34 Minutes Southold Town Board Meeting on moving full steam ahead on that. MS. NORDEN: And that is your estimate in terms of how much you think outside consultants will actually cost? SUPERVISOR RUSSELL: In 2009. Obviously, if it is a two or three year project, we will have to allocate money each year but yeah, I have an estimate from one consultant and I use that as a basis with the guidance of Heather Lanza. MS. NORDEN: Right. Well, obviously I certainly have no objection to a master plan, I mean, that is something that is definitely needed and something that has been over, we have talked about this essentially for the last 10, 15 or 20 years. So it would be really great if we put that on the agenda and really focused our energies on actually finally developing a master plan. I did have some questions about code enforcement because I do think a code enforcer is the one position that does in fact pay for itself and has the potential to generate significant revenue. And we have been over this several times, I don’t have to belabor the point except to say that you know, in a recent study commissioned by the town on signage by the Transportation Commission, the study basically concluded that at least 80% of all business signs are not in compliance. Were you to give 30 day warning and issue fines for those signs, you could generate revenue tomorrow and that is true across the boards in the Town of Southold, to say nothing of improving safety and aesthetics visually and all sorts of other things and that is just money available. So I am a little concerned because a number one, the people that work in the building department right now work full time, so unless you are allocating overtime for them to take on another whole task like code enforcement, I am a little concerned about how that is going to get done practically. And because code enforcement though it is heretofore not done this, does have a true potential to raise revenue, at the same time improving not just for the purposes of raising revenue but improving all sorts of things across the boards, across the Town of Southold including safety, preservation, aesthetics and you name it. I am concerned that that would be one position which really frankly can pay for itself ten times over that we are eliminating. So I would like you to consider in practical terms whether the building department can actually take that work on and who would and if they are working full time now, how can they do that? SUPERVISOR RUSSELL: I would answer exactly what I proposed in my budget, which is not to eliminate that position, to merely elevate someone already in the building department. It is an office worker who is on the list, who is certainly dedicated to the task, who has been beneficial in the past helping us to enforce the code. Elevate him to the role of code enforcement officer and also restructure the environment in the building department so that the building inspectors can participate in helping him in that role. I don’t think I could hire enough people to get the job done without including the people that are out in the field everyday that see what is going on. And that is the building inspectors and everybody else. I have updated the work duty statements of each of the building inspectors to include code enforcement. We are allowed to do that under civil service law. I am going to have a meeting with them in the near future, presuming this Board endorses the plan I put forward to let them know that they are going to have to do more than just the task of reviewing new construction but also compliance with the code, use issues, October 7, 2008 Page 35 Minutes Southold Town Board Meeting zoning issues. A lot of our lack of compliance here has to do with issues of use. Issues of zoning. They are zoning inspectors by code, by definition. So they are going to play that supporting role to him, who is going to organize and focus on that effort and moving that function back into the building department, with the understanding that the entire building department is going to have to help him get that position done. But I didn’t leave that position vacant. MS. NORDEN: Okay. Because I didn’t see that sort of designated in the budget. I mean, where in the budget does it indicate… SUPERVISOR RUSSELL: You can see in the personnel services line, I am sorry, in the cost for personnel, you would see that budget includes the salary there now instead of the attorney’s salary and that would be for the elevation. What you don’t see is new money because he is already being paid by the town to write building permits, so it would be I think by civil service, a 5% increase in salary with the new title. But he would stay in the building department in that personnel services line. And that existing building inspectors, there is no need to show that in the budget because it is not a money item, it is just a task item. MS. NORDEN: No, I think that sounds like a good plan. I know in the past, though, you have indicated that there has been some resistance on the part of people in the building department to take on a dual role… SUPERVISOR RUSSELL: Right. MS. NORDEN: Because of, it is not a question of ethics, it is a question of the fact that you can’t both enforce as well as, you know, write permits for. Now is there a conflict of interest at all? SUPERVISOR RUSSELL: No, in fact, what had happened was that several years ago a building inspector filed a grievance saying that you don’t pay me to do code enforcement and if you read his job description as we outlined it then, it didn’t mention code enforcement. But if you read the role of the building inspector by definition it includes code enforcement, so I took the liberty of updating their job descriptions with civil service, so now it includes that. There is no conflict of interest, in fact, I think the building department makes the most sense in enforcing the code. MS. NORDEN: Oh, I think so, too. SUPERVISOR RUSSELL: Because they have the most knowledge of the properties that are out there and what is going on and issues of use and zoning. There is no conflict. I don’t think there will be resistance next year, provided that this Board makes them understand. They will get all the support they need from us. We won’t be there to second guess them when they are out doing their job. I don’t think we will get a resistance. I think that it is a new day and they understand that. Also it makes sense now fiscally because offices wax and wane based on economy and it happens to be that the building department is seeing a significant slow down in work, where a October 7, 2008 Page 36 Minutes Southold Town Board Meeting few years ago there was a tremendous work load. We filled that need, now it is time to reallocate those resources to other needs because of the slowdown. MS. NORDEN: Well, that sounds good and I hope that it works out because I think that we do have some real opportunities to, not just enforce the code, but also to generate some much needed revenue. SUPERVISOR RUSSELL: Inaudible COUNCILMAN KRUPSKI: To get back to your question about the master plan, we have had many discussions with the director of Planning, a lot of that work will be done in house, which is the most efficient way to do it because when you hire an outside consultant, what they do is they monopolize your in house staff, getting the information from them and then they write it down and then they give the town the bill. MS. NORDEN: Right. COUNCILMAN KRUPSKI: So if the work is done in house, it is a lot more efficient, it is also a lot more directed towards the needs of the town. The goals of the town, as opposed to hiring outside consultants who has their own views from their own areas where they come from as to what the town’s master plan should be. So even though the Supervisor has allocated that much in the budget, it doesn’t mean necessarily that everyone will support spending that amount for that purpose. MS. NORDEN: Well, I support spending whatever is necessary to, at the end of this 20 year period, get this job done. Or since 1985 whatever it was. SUPERVISOR RUSSELL: I will explain how I budgeted for the master plan, obviously you can go out and have outside consultants do the whole thing or you can try to do the whole thing in house. I actually proposed an amalgam of both, having the in house staff, the talented staff we have, do the bulk of it but recognize there are parts of it that are going to have to be parceled out to private consultants. We don’t have the staff time to do everything. We don’t have the expertise in some areas to do everything, so I had reflected that with the $65,000 which wouldn’t get us a master plan and we would probably have to quadruple that figure. But it would get us the outside consulting we need for those various aspects of it, to feather back in with the work that the in house staff could do. MS. NORDEN: Well, I think that sounds great. And frankly, from my point of view whatever allocation is required would be necessary to get what has been something proposed for 20 plus years. And which we really very desperately need and I think Howard is absolutely correct in saying that since we do have some freed up time for whatever constellation of reasons, that this is a great time to preserve, it is a great time to buy properties and it is an excellent time to do master planning. Thanks. SUPERVISOR RUSSELL: Thank you. Benja. October 7, 2008 Page 37 Minutes Southold Town Board Meeting Benja Schwartz, Cutchogue BENJA SCHWARTZ: Good evening. Benja Schwartz, Cutchogue. I have a few questions this evening, in relationship to the Southold Town finances. Supervisor Russell, when did you first learn about the projected budget deficit? SUPERVISOR RUSSELL: Well, the problem is, a lot of that is waiting for the county to distribute the money that they collect for us. I would say probably about a month before I had the town comptroller come before the Town Board, we were making phone calls and getting concerned about the lack of money, when is it coming? It was probably two weeks after that that we realized we were in a serious down turn, I asked him to come before the Town Board and address those issues. Those issues on revenue. With regard to the medical shortfall, that was, I found out a week prior, when I met with insurance counsel. Per the administrator of our medical plan. MR. SCHWARTZ: Okay. Well…. SUPERVISOR RUSSELL: I, you know, a lot of that billing, because we are liable… MR. SCHWARTZ: When are we talking about, could you give some rough dates there or something? SUPERVISOR RUSSELL: Probably mid, late August. Early September. I met with insurance counsel probably just two weeks ago. MR. SCHWARTZ: And briefly, the other Town Board members, when did you learn about the…. COUNCILMAN ORLANDO: When we had the meeting with John Cushman. COUNCILMAN KRUPSKI: Was it two weeks ago? JUSTICE EVANS: Well, Scott had indicated before that, that it, that if spending stayed where it was and revenues continued to go down, there was going to be a huge increase in taxes, so we needed to figure out how to prevent that. MR. SCHWARTZ: So he discussed that with you before the meeting two weeks ago? JUSTICE EVANS: Well, he had mentioned… SUPERVISOR RUSSELL: Probably the meeting before, when I, I started work on the budget early this year because I went out to the department heads early, to get their requests for the new year. COUNCILMAN WICKHAM: We had a meeting with the town comptroller, I think it was four weeks ago, in which he expressed some concern about next year’s budget. Not really this years. October 7, 2008 Page 38 Minutes Southold Town Board Meeting But frankly, neither he nor the Supervisor really gave us the percentage figures until two weeks ago. And it came as quite a surprise to me. MR. SCHWARTZ: So are there, do we have in our process, accounting procedures here. Do we have monthly, quarterly, biannual reviews of the budget? SUPERVISOR RUSSELL: Yeah, I believe the comptroller files a monthly review, we actually get on any given day, you can go up and within one weeks timeframe find out what is going on with the finances. The problem is, the finances of what we are spending is kept track of everyday. What is coming in, depending on other jurisdictions, the mortgage tax does not come in regularly, sales tax do not come in regularly. A lot of time it is calling those jurisdictions. The state retirement system sends you one bill each year. They actually got the bill to me after I did my budget. Those things that require other jurisdiction participation, you have to remember, again, we are not short in this year’s budget. We are fine. We are spending exactly what we allocated. We are talking about forecasting what we are looking at next year, in terms of a receding revenues, spiking costs in retirement, substantial costs in medical coverage. Those types of things. It is a forecast for next year. MR. SCHWARTZ: Okay. Well, I appreciate that and of course, I am concerned as many people are. I am also concerned not just about next year but about the long term and there is a group that formed recently that calls themselves Sustainable Southold. For whatever reason, the article in the Suffolk Times used the headline ‘Fight to the Finish’ which I thought was inappropriate when you are talking about a group that is interested in sustainability about continuing without any finishing. Anyway, in terms of the long term tax issues, I would just like to remind the Board that development in general means higher taxes and that an economy based on new development on the north fork is not really, is not sustainable. Is unsustainable. That we are going to have to find a new economy and I think this Board needs to do a lot more than just find out how to keep the taxes low next year. We want to keep the taxes low for, well, give me another 30 years, that would be good for me. But no, seriously, sustainability is very important and just want to finish by mentioning the Heritage. One of the things about the development at the Heritage and also the development proposed here in Southold hamlet, the Southwold development proposal, is that they are on marginal land. It is not prime development land. All of the land that is prime for development has already been developed. So as we are, developers are coming in with applications on more marginal land, I think it gets a lot more difficult to develop those properties in a way that is sound and does not have disastrous environmental impacts. I would like to thank the Board for the proposal to enact some new laws and I will see you in two weeks at the next Town Board meeting for the public hearing on those laws. Thank you. Linda Goldsmith, East Marion SUPERVISOR RUSSELL: Thank you. I am sorry, Linda had her hand up first. LINDA GOLDSMITH: Good evening, Linda Goldsmith, East Marion. One of my question I was going to answer, obviously, you are going to just reassign one of the building department employees to the position of code enforcement and I think that is a wonderful idea. Thank you very much, I even think I may know who it may be but. Mr. Orlando, what is happening with October 7, 2008 Page 39 Minutes Southold Town Board Meeting that playground? Has the Board gotten back to you from Oysterponds? COUNCILMAN ORLANDO: I spoke to them, I gave them a follow up e-mail on Friday and I was, I got a return e-mail saying I think they are having a meeting actually tonight and they were going to make a decision tonight on which playground they were picking, the window for the th 50% discount is up on October 15, so if they call me tomorrow with the one they pick, the grant is still available, no cost to the Town. Jim McMahon can order it this week and we will have it put in probably before Thanksgiving. MS. GOLDSMITH: And I shall remind them to call you. Thank you. I have a question about your medical plan. I know that the town employees have different medical plans. Some are self insured, some are with Empire. I, could you tell me how many people are on your self insured plan? SUPERVISOR RUSSELL: We actually have two separate plans because we have two separate unions. Years ago, I want to say about 19 years ago, the town was facing a crippling cost escalation with Empire. They went to the unions and asked the unions to consider self insurance plan. The CSEA voted that they would. The PBA voted at the time to stay with Empire. The CSEA, let’s see, I have about 150 employees, I would say probably about 100 of them are with the self insured plan and probably 50 with Empire. MS. GOLDSMITH: Okay. SUPERVISOR RUSSELL: Tom probably has a more specific number. MR. SKABRY: Inaudible SUPERVISOR RUSSELL: Self insured plan. Well, I have 150 total full time, so I am sure it is within that 100 there. MS. GOLDSMITH: I have for many years been on a board of a self insured plan… SUPERVISOR RUSSELL: Oh, and the retirees. MS. GOLDSMITH: Had been on a board of a self insured plans and there were some schools in the local vicinity that had self insured plans and when you have so few people on a self insured plan, you leave yourself wide open to come up with shortages as you did this year. The other thing is, I don’t know what your stop loss insurance is, you know, you may have to make that lower to catch some of these things before they start, how should I say, going up. But I can tell you, I think the town, you should try as hard as you can and negotiate as hard as you can to have everybody under one insurance plan. You know, the cost of each plan ebb and flow. At one time the East End Health plan was much lower than Empire, then they were higher than Empire, then they were much lower than Empire. Now they are about even with Empire. And that happens, so you have to look at that experience over 10 or 20 years. The other thing is, do your employees pay any type of payment toward their own premium? October 7, 2008 Page 40 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: New employees do, subject to contract approval. We negotiated that in the last round, so new hires would be contributing 5% of their medical costs to the town. MS. GOLDSMITH: Because something the schools have done, have been doing for the last 10 years… SUPERVISOR RUSSELL: There are other ways to get there though. What we have done is we have increased co-pays, we have increased costs to emergency services, prescriptions, there are other ways to reduce…. MS. GOLDSMITH: The schools do that as well. SUPERVISOR RUSSELL: I just want to tell you, the self insurance has worked very well for the town. It has been 19 years and 18 years it worked very beautifully. We had one very odd year, we had some very, very sick employees this year. Four or five. And it was an unusual year. MS. GOLDSMITH: It still, I have to tell you, in my estimation being on a board of a self insured plan for many years, it is a risk. But…. SUPERVISOR RUSSELL: It is. You are right. MS. GOLDSMITH: And there have been schools that have been burned several years in a row and gotten out of that. I did have one other, oh, my other question is, why, how many yard sales are we allowed to have per year in this? SUPERVISOR RUSSELL: You are allowed to have one per year. I had actually proposed in my budget as a means of creating more revenue, allowing two per year. MS. GOLDSMITH: Oh, thank you. That would be, that would save you a few things in your dump, let me tell you. SUPERVISOR RUSSELL: Well, that is what I told the Board. I said it makes sense because it potentially reduces the solid waste stream… MS. GOLDSMITH: It does. SUPERVISOR RUSSELL: It is something of a mini economy out here. Although you don’t really want to become like other towns, like Riverhead have no restrictions. MS. GOLDSMITH: Inaudible SUPERVISOR RUSSELL: Well, it has become its own industry up there and you don’t want to see that either because the idea of having a yard sale is it should be an occasional event, so you October 7, 2008 Page 41 Minutes Southold Town Board Meeting don’t disrupt your neighbors lives. But the two a year I thought was a good approach. If you want to recommend more, that is fine. But I thought two would be enough. One in the spring, one in the fall. MS. GOLDSMITH: No, I think two would be great. Thank you. It has always been kind of an issue with me. The other question I have is, why, years ago, the town got rid of local building licenses and it bothers me to no end to see people from western Suffolk building the big developments out here. Why, if you do not live in Southold town, why can’t this Board enact a law that says that if you do not have your business in Southold Town or live in Southold Town or whatever, that you have to get a Southold Town license to do business here. SUPERVISOR RUSSELL: First of all, you would have to require that everybody get one, not just out of town, for constitutional reasons. The reality is they will get one, they are competitive organizations, that is why they are building out here because they are bidding on these projects and they are coming in much lower than local builders. I would love to create legislation that protects and insists on using local builders first but I don’t know how I can get around constitutional issues. MS. GOLDSMITH: I don’t think you can do that. SUPERVISOR RUSSELL: But to require a license would just be an administrative program for us to administer. The county does that, people need Suffolk county licenses to build out here. Other towns have considered it. I don’t think it is worked well, in towns like East Hampton. I think it has just created another bureaucratic overlay. I don’t see the benefits to local builders to offer that and frankly I don’t see the benefit to the town to require that license, when we know that the quality of their work is already being supervised by Suffolk county and also by consumer affairs. I think the county does that better than we would be able to do. MS. GOLDSMITH: Okay. Well, you could probably do licenses on the amount of revenue that these people bring in every year. SUPERVISOR RUSSELL: Well, that is a good point. That is a good point. MS. GOLDSMITH: You know, that would be something because… SUPERVISOR RUSSELL: We certainly do need to look for new revenue streams, so that is an excellent point. MS. GOLDSMITH: I just wanted to ask you one more question on health insurance. Do you allow domestic partners to take, do you allow that… SUPERVISOR RUSSELL: No. Empire does. Under current… JUSTICE EVANS: I think we… October 7, 2008 Page 42 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: No, what happens is, that would be an issue for the cbu, the collective bargaining unit. We haven’t had a request yet to include domestic partners. That would have to be negotiated with the union. I actually just asked counsel about that a few weeks ago. We have a domestic registry in Southold Town, our current contract doesn’t call for the coverage of domestic partners. According to our labor counsel, we would have to negotiate that with the union. Tom? MR. SKABRY: Just for the record, if I may? The self insured plan mirrors the Empire plan in every and all ways, therefore the Empire plan does recognize domestic partnerships. SUPERVISOR RUSSELL: Actually, the Empire plan, in plain language leaves that discretionary to the participants. It is not mandatory. I already asked labor counsel about that, on behalf of in fact, someone with significant… MS. GOLDSMITH: And I do know that the two plans mirror each other. That is not to say that each plan has the same doctors participating in the same… SUPERVISOR RUSSELL: That is right. They mirror each other in costs and other things but that would be a negotiated benefit, a matter for the union to bring to us. MS. GOLDSMITH: And another question that I have, there was a housing board meeting last night, I believe. We are in the real property tax committee, there is a segment there that deals with affordable and senior housing. Would it be possible, I did meet with that board at one time and showed them some of the suggestions that we had come up with but is any of that work that we are doing going to be considered by that housing committee. SUPERVISOR RUSSELL: They had a joint meeting last night with the Planning Board and the Affordable Housing commission. Certainly there has been some very good discussions between those boards. I imagine that after last night, they will want to bring something back to the Town Board for consideration into moving those two venues. I don’t know, I wasn’t at the meeting, I was in my office, taking phone calls so I didn’t get a chance to stop in but I am sure, the two groups are very productive and I am sure they will bring something to us soon. MS. GOLDSMITH: Okay, so they will bring that to the… SUPERVISOR RUSSELL: Town Board. MS. GOLDSMITH: Okay and my last question is, again I am going to ask this, I ask this continually, I was looking at the DEIS for a large project that is coming to down the pike and there are two things I just want to read and they are just a couple of sentences. Due to the age of the building, the presence of lead based paint is likely, painted surfaces were in poor condition with wide spread peeling and flaking evidence. A large amount of paint chips continuously litter the concrete floors in several locations and 50 feet of suspect friable, which means running around in the air with little pieces, asbestos containing pipe insulation material was observed in the boiler and electric room of the factory building, suspect asbestos related material is expected October 7, 2008 Page 43 Minutes Southold Town Board Meeting associated with two out of service boilers, due to the age of the structure, the presence of asbestos in roofing and construction materials is likely. Construction related impact mitigation, demolition. As no significant adverse impact from demolition would be expected, no mitigation is proposed. Who is going to oversee that asbestos and lead? I have been asking this week after week after week after week, I want to know who is responsible? SUPERVISOR RUSSELL: Okay. There is two jurisdictions, the DEC, which I have explained to you and the Suffolk County Department of Health. They will both be reviewing any demolition of that facility and any of those hazardous materials would have to follow state policy and county policy on removal. The oversight is with those jurisdictions. MS. GOLDSMITH: Okay. Who decides whether or not there is a significant enough amount? Does that go by the DEIS or…. SUPERVISOR RUSSELL: It goes by the DEC’s determination. The DEIS, I assume, gets submitted to the DEC as well. They are a part to this. They have the right to weigh in and determine and mandate certain things be done including the remediation of any of that stuff on site. They are a party to the whole SEQRA process. MS. GOLDSMITH: And who will give a demolition permit? The Town of Southold and the DEC? SUPERVISOR RUSSELL: The DEC would. We generally don’t issue demolition permits at the town level. We do? MS. GOLDSMITH: Yes, you do. SUPERVISOR RUSSELL: Well, not when it is done, well we have to talk to the building inspector. Not when it is done under the pos dec with the DEC. TOWN ATTORNEY FINNEGAN: My understanding with this project is that we would have a demolition permit and… SUPERVISOR RUSSELL: I hope we would. TOWN ATTORNEY FINNEGAN: And would require a hazardous material survey, I think is what they call it… SUPERVISOR RUSSELL: Right. TOWN ATTORNEY FINNEGAN: At the time they issue the permit… SUPERVISOR RUSSELL: That is what the DEC asks for as well. MS. GOLDSMITH: Okay, so… October 7, 2008 Page 44 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: I am glad to know that because I know we didn’t require permits for the removal of those tanks. I am glad to know that for the building at least will require a demolition permit. MS. GOLDSMITH: Right. and the building permit, if a building permit is issued, will be issued by the Town. Permission to go ahead with the project given by the ZBA and the Town so in my mind ultimately the Town is responsible should all of that asbestos and lead, you know, head toward the air and ruin all of our lungs down there in East Marion. Just wanted to put you on notice that that’s pretty much… SUPERVISOR RUSSELL: No, I think that is a good point. I am glad to know that, that would give us some oversight there in terms of it would be another, a third jurisdiction providing oversight for the reclamation of that site. MS. GOLDSMITH: Yeah, that was just a little frightening to read that. When one page of a DEIS tells you that there is asbestos and lead paint all over the place but no impact is going to take place from demolition. Makes no sense to me and I am certainly not an engineer. And I do, again, want to ask you to consider even though the people who did the scope Nelson, Pope said that this is not an eminent domain issue, I still consider it such. I still would like you to at least keep that thought in your mind for the project at Shipyard Lane. Thank you. SUPERVISOR RUSSELL: Thank you. COUNCILMAN ORLANDO: Linda, before they do the demolition permit, they probably would put in there, typically in the past I have seen they would have to have a water truck there with a mister and they would mist the building so no airborne asbestos would be released. It would keep everything down. To abatement on asbestos, you keep it wet and keep it there. MS. GOLDSMITH: Usually when you do an abatement on asbestos, you wear suits and usually buildings, especially two story buildings of that age that are containing lead paint, usually they are tented. SUPERVISOR RUSSELL: Yeah, I don’t want to get involved in specifics of the removal, we just need to make sure that the removal follows state procedure. MS. GOLDSMITH: Exactly. Thank you. SUPERVISOR RUSSELL: Okay. Melissa Wilcenski MELISSA WILCENSKI: Hi, good evening. My name is Melissa Wilcenski. I am here on behalf of a basketball park being put in Tasker park, so that it doesn’t get taken out of the budget… SUPERVISOR RUSSELL: We… October 7, 2008 Page 45 Minutes Southold Town Board Meeting MS. WILCENSKI: I hear that it is, in the plans… SUPERVISOR RUSSELL: Just so you know, typically improvements to parks etc. are things that would have been paid for out of what is called the parks and playground fund. We currently have about $700,000. That money whether it is spent or not wouldn’t really affect the tax rate that people, or the tentative tax rate that had been proposed. I don’t know that a decision has been but certainly that would operate independent of our current budget process because that money could be spent at any time on any project, providing that the Town Board approves it. And that money is already in the bank. It is not like we would have to levy that through taxes. COUNCILMAN ORLANDO: Well, Mrs. Wilcenski came to the last Parks and Recreation meeting, the last one we had, and we talked about it in detail where we could put it and we let her know that it could come out of park and playground fees that we have. MS. WILCENSKI: I just want to make sure that the Board doesn’t pull it out or anybody yanks it out. SUPERVISOR RUSSELL: No. It is a separate discussion. It wouldn’t be part of the current budget discussion because like I said, that is money that is already earmarked for upgrades in improvements in parks. That is not part of the budget process. It is not part of the tax levy process. MS. WILCENSKI: So that separate discussion, how would I know when that is going on or… COUNCILMAN KRUPSKI: It is going to take place on Thursday, I would think. COUNCILMAN ORLANDO: Why don’t we meet with DPW on Thursday… SUPERVISOR RUSSELL: Thursday is a budget discussion to discuss the DPW’s budget for the new year. It is not the discussion about the improvements that we may or not want to make on parks next year. It is a separate budget item with the parks and playground money. I would defer that to Councilman Orlando and keep in touch with him. MS. WILCENSKI: That is fine. Thank you. Have a good night. COUNCILMAN RULAND: Scott, it might be prudent just for the benefit of the office just to go over quickly how the park and recreation fund is funded. SUPERVISOR RUSSELL: Okay. The parks and recreation fund is funded through the subscription of fees through a subdivision process. You have to pay $6,500 per parcel whenever you go through to create parcels of land in this town. I don’t even know what the exact figure, it is about $6500 per parcel that you create. Each parcel you pay $6500 to the Planning Board, that goes into a committed fund for parks and playground improvements, maintenance those types of things. Like I said, through those fees through the planning process, we have in the current October 7, 2008 Page 46 Minutes Southold Town Board Meeting account about $700,000. It is committed money, it is money already collected from those applicants, it wouldn’t like I said, be part of this budget process. MS. WILCENSKI: Okay. So there is another meeting, though, that I should attend? COUNCILMAN ORLANDO: You can come to the next Parks and Recreation meeting. we talked about it last time, as you know, so Jim McMahon said it comes out of that, it doesn’t come out of that, it doesn’t come out of the town budget. So we just need to find out where we want to put it, whether a half court or a full court and it will probably be put at Cochran as we spoke. MS. WILCENSKI: Exactly. Okay. COUNCILMAN ORLANDO: I will keep you posted. MS. WILCENSKI: That would be wonderful. Thank you very much. Roberta Lee ROBERTA LEE: Good evening, ladies and gentlemen. My name is Roberta Lee and I live in Cutchogue. At the last Town Board meeting, which I was unable to attend, the Town Board I was told with very little fanfare proposed a new site plan and subdivision laws to require more open space, thus limiting the numbers of residence and also proposed to amend the zoning to limit the sizes of residences in hamlet density districts. Over a year ago, on August 28, 2007 Benja Schwartz spoke at a Town Board meeting and he said, ‘how much development is too much for the Town of Southold? I can’t give you a comprehensive final answer to that question but it is clear that the development proposed in Cutchogue is too much. I think we need to take a hard look and you the Town Board need to get more involved in the application review process and think about upzoning to a lower density. You our Town Board do have the power to rezone and I would ask that you give that serious consideration. Thank you.’ Now over a year later, I thank you for finally giving rezoning serious consideration. The proposed upzoning will not by itself be enough to save Cutchogue, setbacks, density and building sizes are essential but not the only issues. If the developer replaces the current proposal with another new community which is also incompatible with the existing community, more and stricter laws will be required. Now more than ever the Town needs the Planning Department to work with the developer to help design a revised proposal which is compatible with the existing community. We hope that you, the Southold Town Board, will not back down and rather than water down the proposed laws, will use the public hearing to strengthen them and make them move effective. It will be interesting to see which developers will attend the public hearing at the next Town Board st meeting October 21 at 4:40 PM. We also hope that many members of the community will also attend this meeting. Thank you. SUPERVISOR RUSSELL: In the interest of clarity, we actually are not proposing rezoning of anything. What we are doing is we are creating those design standards that we have talked about and told you we were working on the past two years, that is the attendant component that was missing from the subdivision code. Subdivision of residential properties code. Those are the design standards to make sure that communities that do get proposed, are scaled appropriately for the community that is going to host them. So we don’t that we don’t have the over the top October 7, 2008 Page 47 Minutes Southold Town Board Meeting types of applications that we might have seen. MS. LEE: Perhaps then the newspaper misspoke because what I read is that it was proposed that amendments be made to the zoning code. SUPERVISOR RUSSELL: That is right. That is not, zoning amendments to the zoning code, that is right. To require certain things that we were not seeing in, you know, that we were looking for and weren’t getting. Okay? MS. LEE: Is that all? SUPERVISOR RUSSELL: That is it. Thank you. Would anybody else like to address the Town Board? (No response) Can I get a motion to adjourn? Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:56 P.M. * * * * * Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell