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HomeMy WebLinkAboutTB-03/24/2009 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 March 24, 2009 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, March 24, 2009 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 March 24, 2009 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 Jennifer Andaloro Town of Southold Assisstant Town Attorney Present I. Reports 1. Judge Louisa Evans February 2009 2. Judge William H. Price Jr February 2009 3. Town Clerk February 2009 4. Trustees Monthly Report February 2009 March 24, 2009 Page 2 Minutes Southold Town Board Meeting 5. Budget Report January 2009 February 2009 II. Public Notices 1. Permit Application to Army Corps of Engineers Kimberly Mueller, Deep Hole Creek, construct an L-shaped fixed dock, consisting of a 4’ x 30’ walkway and 4’ x 8’ steps constructed with fiberglass, open-grid decking. The purpose is to access waterway by boat. 2. Town of Riverhead Code Amendments Section 108-22 Section 108-20.6 Section 108-19.1 Section 108-26 Section 108-16 3. NYS DEC Notice of Legislative Public Hearing, Issue Conference and Adjudicatory Hearing Carol R. Denson, The Old Barge Restaurant, 750 Old Main Rd., Southold - to construct a second story addition, an observation deck and drainage system. 4. NYS Liquor License Renewal Peconic Landing, 1500 Brecknock Rd., Greenport, Club license Pagano's, P O Box 1730, Main Rd., Southold 5. 2009 Spring Leaf and Brush Cleanup Pick up begins April 13, 2009 from Laurel to Orient Grace period at Transfer Station April 11 through May 17 III. Communications IV. Discussion 1. 9:00 A.M. - John Cushman Budget Update 2. 9:30 A.M. - Jamie Richter Animal Shelter Fencing Cost March 24, 2009 Page 3 Minutes Southold Town Board Meeting 3. 9:45 A.M. - Jim McMahon, Jamie Richter Park & Playground - Revised list and priorities 4. 10:00 A.M. - John Ferris Graffiti 5. 10:15 A.M. - Chief Cochran, Lori Hulse Contracts for Part-Time FI Bay Constables 6. 10:30 A.M. - John Sepenoski, Jeremy Samuelson Bay to Sound grant contract 7. Water Map Amendment/SEQRA 8. Special Events Legislation 9. Proposed Local Law, Dock Legislation 10. Committee Appointments, TB Police Committee 11. 12:00 Noon - Lunch 12. Ethics Board Interviews 13. Convenience Stores 14. Bowne Management Proposal 15. Executive Session Litigation: Bombara 16. Executive Session Traendly v. ZBA 17. Executive Session Attorney/Client Privilege: NYS DOS opinion re: Trustees Pledge to the Flag Opening Statements Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. Okay. I know we have a family here for a presentation tonight. We do have the formality of the March 24, 2009 Page 4 Minutes Southold Town Board Meeting public hearing, what I am going to do is we are going to try to quickly get through this agenda so we don’t have to keep you for too long. I see there are young kids there and I have a couple and I know their attention span doesn’t last forever. Would anybody please like to address the Town Board as it appears on the agenda? Resolution items? Nancy Sawastynowicz, Cutchogue NANCY SAWASTYNOWICZ: Good evening. Nancy Sawastynowicz of Cutchogue. Page 11, resolution number 237 please. I would like to know if the $15,000 is in the 2009 budget? SUPERVISOR RUSSELL: 237 is the $14,000, are you referring to that figure, for H2M? MS. SAWASTYNOWICZ: Yes. SUPERVISOR RUSSELL: Yes, it is. MS. SAWASTYNOWICZ: Okay. Did the Town Board advertise for competitive bids on this project? SUPERVISOR RUSSELL: It is professional service. I don’t believe we have to. MS. SAWASTYNOWICZ: You don’t have to if it is professionally? SUPERVISOR RUSSELL: I don’t… JUSTICE EVANS: This is also a continuation… SUPERVISOR RUSSELL: This is a…. MS. SAWASTYNOWICZ: Yeah but the fee is very high. That is why I am asking. SUPERVISOR RUSSELL: The problem is is that we don’t get to scope and scale the needed testing. This is all done under the aegis of the DEC, to operate the landfill. MS. SAWASTYNOWICZ: I realize that. SUPERVISOR RUSSELL: That scoping scale is outlined by them. MS. SAWASTYNOWICZ: I realize that but we keep using H2M on this and I just wonder if we can get Suffolk County Health Department or the EPA or an educational or environmental to offer the same service without a charge. It seems like a lot of money to me. COUNCILMAN ORLANDO: No, the DEC is monitoring this. They are the monitors of this. They need to look at the data, so we need to hire…. SUPERVISOR RUSSELL: I don’t believe as a normal course of action the Department of Health will come out and test our water quarterly to meet DEC permitting obligations but you raise a March 24, 2009 Page 5 Minutes Southold Town Board Meeting good point and what we can do is sit down with Jim Bunchuk and discuss what are the other competitors out there that might be able to… MS. SAWASTYNOWICZ: Yeah, it is a lot of money. And then why isn’t there a fiscal impact given on this resolution? SUPERVISOR RUSSELL: I… COUNCILMAN WICKHAM: Number 237? MS. SAWASTYNOWICZ: Yes. SUPERVISOR RUSSELL: I think the fiscal impact is self explanatory. It is the cost of running the landfill. MS. SAWASTYNOWICZ: Okay. I just know that we are always trying to save money in the Town and we should maybe look into that because that is an awful lot of money. SUPERVISOR RUSSELL: We actually tried to get out of it. We actually made an application to the DEC, who allows after a certain period of time to reduce the amount of testing that is needed, we made a formal application to them to ask for that. To reduce our testing from quarterly to once or twice a year. They turned that down but said they would reconsider that next year. MS. SAWASTYNOWICZ: Good. SUPERVISOR RUSSELL: Okay. Would anybody else like to address the Town Board on any agenda items? (No response) Okay. What we would like to do now if it is okay with everybody is go to a public hearing. Motion To: Motion to Recess to Public Hearing COMMENTS - Current Meeting: RESOLVEDbe and hereby is declared that this meeting of the Southold Town Board Recessed in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Public Hearing Golder Historic House Set Tuesday, March 24, 2009 at 7:35 P.M., as the Time and Place for a Public Hearing to Consider the Designation of the Golder House on the Town’s Register of Historic Landmarks RESULT: CLOSED [UNANIMOUS] March 24, 2009 Page 6 Minutes Southold Town Board Meeting MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Councilman Thomas Wickham NOTICE IS HEREBY GIVEN, COUNCILMAN WICKHAM: pursuant to the provisions of Chapter 170 (Landmark Preservation) of the Town Code, the Town Board of the Town of Tuesday, March 24, 2009 at 7:35 P.M., Southold Town Hall, 53095 Southold hereby sets Main Road, Southold, New York as the time and place for a public hearing to consider the designation of Joseph and Catherine Golder’s house on the town’s register of Historic Landmarks; the house is located at SCTM 1000-114.-11-26, 1305 New Suffolk Avenue, Mattituck, New York . The property owner has requested and the Historic Preservation Commission has recommended the property for inclusion on the town’s register. The file is available for review during regular business hours by contacting Damon Rallis at the Southold Town Building Department. If you have any questions, please do not hesitate to contact Damon Rallis at the Southold Town Building Department (631) 765-1802 or Damon.Rallis@town.southold.ny.us. th This was published as an advertisement on March 19 in the local newspaper. It is also the notice of this public hearing. It has also appeared on the Town Clerk’s bulletin board outside there. And I have a memorandum from James Grathwohl, the Landmarks Preservation Commission on this proposed addition to the register. “To the Supervisor and Board, dated thth February 9. On January 26, the Town’s Landmarks Preservation Commission voted to recommend that this property be placed on the Town’s register of historic landmarks. And they provide the following quote: ‘this structure is a good example of the so-called comfortable house, prevalent in both suburbs and small towns between the years of 1890 and 1930. While not outstanding in any singular architectural feature, this single family dwelling incorporates the Chicago house wrecking company’s mail order catalog plans for design number 133, which was known as a city and country home. With front and side facades, with three story gable, a wide front porch, large windows sitting on a raised foundation with basement underneath. As such, it is a valuable contributor to Southold Town’s inventory of historic housing types. Please schedule a public hearing for this designation at your earliest convenience and contact the Building Department when a date has been sent. Thank you.’ And I have other pro forma comments here and listings in the file, including the original application which gives a little bit of background about the house. That is it. Supervisor Russell SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this designation? (No response) 2009-278 CATEGORY: Property Usage DEPARTMENT: Town Clerk Designate the Golder House Located at SCTM 1000-114-11-26, 1305 New Suffolk Avenue, Mattituck, March 24, 2009 Page 7 Minutes Southold Town Board Meeting New York, as Historic and Add to the Town’s Register of Historic Landmarks RESOLVEDdesignates the Golder that the Town Board of the Town of Southold hereby house as historic and is to be added to the town’s register of Historic Landmarks; the house is owned by Joseph and Catherine Golder and is located at SCTM 1000-114.-11-26, 1305 New Suffolk Avenue, Mattituck, New York, all in accordance with Chapter 170 of the Southold Town Code, the recommendation for designation by the Southold Town Historic Preservation Commission, and acceptance of designation by property owners ? Vote Record - Resolution RES-2009-278 ? 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 Special Presentation Special Presentation Historic Designation Presentation of Historic Plaque - Golder COMMENTS - Current Meeting: SUPERVISOR RUSSELL: Okay, I would, if the Golder family would come on up, I want to present with a bronze plaque. COUNCILMAN ORLANDO: Which has to be installed by 8:30 tonight. SUPERVISOR RUSSELL: I just want to say first of all, everyone that knows me knows my passion for the preservation of historic structures out in Southold. The difference that we can make is, you can’t wait for a Town to (inaudible) it is the individuals (inaudible). It is you, it is the people taking so much care and effort. That particular structure, for example, is a prime example of (inaudible). Thank you very much. COUNCILMAN KRUPSKI: Congratulations. Thank you. Minutes Approval RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, October 21, 2008 March 24, 2009 Page 8 Minutes Southold Town Board Meeting ? Vote Record - Acceptance of Minutes for October 21, 2008 4:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland Voter ???????? Vincent Orlando Voter ? Accepted ?????????? Accepted as Amended Albert Krupski Jr. Voter ?? Tabled ???????? Thomas H. Wickham Seconder ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Wednesday, November 05, 2008 ? Vote Record - Acceptance of Minutes for November 5, 2008 7:00 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland Voter ???????? ? Vincent Orlando Voter Accepted ?????????? Accepted as Amended Albert Krupski Jr. Voter ?? Tabled ???????? Thomas H. Wickham Seconder ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, December 02, 2008 ? Vote Record - Acceptance of Minutes for December 2, 2008 7:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland Voter ???????? ? Vincent Orlando Voter Accepted ?????????? Accepted as Amended Albert Krupski Jr. Voter ?? Tabled ???????? Thomas H. Wickham Seconder ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, December 16, 2008 ? Vote Record - Acceptance of Minutes for December 16, 2008 4:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland Voter ???????? ? Vincent Orlando Voter Accepted ?????????? Accepted as Amended Albert Krupski Jr. Voter ?? Tabled ???????? Thomas H. Wickham Seconder ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, January 06, 2009 ? Vote Record - Acceptance of Minutes for January 6, 2009 11:00 AM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland Voter ???????? Vincent Orlando Voter ? Accepted ?????????? Accepted as Amended Albert Krupski Jr. Voter ?? Tabled ???????? Thomas H. Wickham Seconder ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter March 24, 2009 Page 9 Minutes Southold Town Board Meeting RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, January 06, 2009 ? Vote Record - Acceptance of Minutes for January 6, 2009 4:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland Voter ???????? Vincent Orlando Voter ? Accepted ?????????? Accepted as Amended Albert Krupski Jr. Voter ?? Tabled ???????? Thomas H. Wickham Seconder ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, January 20, 2009 ? Vote Record - Acceptance of Minutes for January 20, 2009 7:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland Voter ???????? ? Vincent Orlando Voter Accepted ?????????? Accepted as Amended Albert Krupski Jr. Voter ?? Tabled ???????? Thomas H. Wickham Seconder ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter V. Resolutions 2009-228 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit 3/24/09 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby March 24, 2009. ? Vote Record - Resolution RES-2009-228 ? 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 2009-229 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Meeting 4/7/09 4:30 Pm March 24, 2009 Page 10 Minutes Southold Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, April 7, 2009 at the Southold Town Hall, Southold, New York at 4:30 P. M.. ? Vote Record - Resolution RES-2009-229 ? 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 2009-210 Tabled 3/10/2009 4:30 PM CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Suffolk Bicycle Riders Bike/Boat/Bike 6-7-09 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Suffolk Bicycle Riders’ Association to use the following Town Roads for their Annual Bike - Boat - Bike event on Sunday, June 7, 2009, beginning at 7:00 a.m. , provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured, provide remuneration of expenses of $55 and a $500 deposit for event clean up (deposit returned upon recommendation of Capt. Flatley) and contact Captain Flatley, upon receipt of this approval, to coordinate traffic control: New Suffolk Avenue, Grathwohl Road, Depot Lane, Mill Road, Soundview Road, Soundview Road Ext., Lighthouse Road, Moores Lane, Albertson Lane, Youngs Avenue, Calves Neck Road, Hill Road, Wells Road, Oaklawn Avenue, Jockey Creek Drive, Ackerly Pond Lane, North Bayview Road, Main Bayview Road, Cedar Avenue, Cedar Beach Road, Bridge Lane, Oregon Road, Wickham Avenue, Westphalia Road, Sound Avenue, and Factory Lane. Support is for this year only as the Town Board continues to evaluate the use of town roads. March 24, 2009 Page 11 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2009-210 ? 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 2009-222 Tabled 3/10/2009 4:30 PM CATEGORY: Litigation DEPARTMENT: Town Attorney Retain Frank Isler in Terzis Litigation RESOLVEDretains Frank A. Isler, Esq. that the Town Board of the Town of Southold hereby as Special Counsel in the Supreme Court, Suffolk County civil action entitled “Costas Terzis v. Michael Verity and the Town of Southold Building Department” , under Index No. 09-08121. ? Vote Record - Resolution RES-2009-222 ? 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 2009-230 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission Captain Martin Flatley to Attend Police Executive Training in Pomona, NY on Tuesday, March 31, 2009 RESOLVED grants permission to that the Town Board of the Town of Southold hereby Captain Martin Flatley to attend a New York State Division of Criminal Justice Services Police Executive Training Seminar on Labor Management and Public Policy on Tuesday, March 31, 2009 in Pomona, New York. All expenses for tolls and gas to be a legal charge to the 2009 Police Training budget line - A.3120.4.600.200. Travel to be by Department vehicle. March 24, 2009 Page 12 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2009-230 ? 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 2009-231 CATEGORY: Employment - Town DEPARTMENT: Accounting Salary Increase for PT Deckhand Derek Marks WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their March 17, 2009 meeting to change the status of Derek Marks from a seasonal summer employee to a part time deckhand effective March 19, 2009 at a salary of $11.00 per hour, and WHEREAS the Town Board of the Town of Southold is required to approveappointments and salary adjustments of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Derek Marks to the position of part time deckhand for the Fishers Island Ferry District, effective March 19, 2009, at a rate of $11.00 per hour. ? Vote Record - Resolution RES-2009-231 ? 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 2009-232 CATEGORY: Authorize to Bid DEPARTMENT: Public Works March 24, 2009 Page 13 Minutes Southold Town Board Meeting Fishers Island Basketball Resurfacing RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for the reconstruction and resurfacing of the basketball court on Fishers Island. ? Vote Record - Resolution RES-2009-232 ? 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 2009-233 CATEGORY: Grants DEPARTMENT: Community Development Community Development Subrecipient Agreements RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute Subrecipient Agreements in connection with the 2008 Community Development Block Grant Program for the following programs: North Fork early Learning Center $7,500 Robert Perry Day Care Center $7,500 Community Action Southold Town $7,500 All in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-233 ? 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 2009-234 March 24, 2009 Page 14 Minutes Southold Town Board Meeting CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Grant Agreement Between the Town of Southold and the National Fish and Wildlife Foundation in Connection with the Mattituck Inlet Stormwater Mitigation Project No. NY 2008-0065-020 RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Grant Agreement between the Town of Southold and the National Fish and Wildlife Foundation in connection with the Mattituck Inlet Stormwater Mitigation Project No. NY 2008-0065-020 , subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-234 ? 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 2009-235 CATEGORY: Subdivisions DEPARTMENT: Public Works North Fork Industrial Park Fiscal Impact: Electric to the street lights in this subdivision was not installed and therefore they can not be energized, by LIPA, as authorized in Resolution 2008-894, dated 9/23/08. RESOLVED rescinds Resolution 2008- that the Town Board of the Town of Southold hereby 894, dated September 23, 2008, whereby the Town Board of the Town of Southold authorized the Long Island Power Authority (LIPA) to energize the street lights (4) in the North Fork Industrial Park, located on the north side of County Route 48, Cutchogue, New York. March 24, 2009 Page 15 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2009-235 ? 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 2009-236 CATEGORY: Employment - Town DEPARTMENT: Police Dept Hire School Crossing Guard - Police RESOLVEDappoints Paul H. Tully to that the Town Board of the Town of Southold hereby the position of a Part Time School Crossing Guard to fill in those posts due to illness or vacation effective March 25, 2009. Salary to be determined by the traffic post covered. ? Vote Record - Resolution RES-2009-236 ? 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 2009-237 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Solid Waste Management District Landfill Monitoring WHEREAS the New York State DEC has notified the Town it will require additional groundwater monitoring before considering the Town’s request to reduce sampling frequency, it is now therefor RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an extension to the Town’s contract with H2M Associates, Inc. to conduct quarterly groundwater and gas monitoring at the Cutchogue Landfill March 24, 2009 Page 16 Minutes Southold Town Board Meeting for two (2) additional quarters at the same fee rate paid by the Town in 2008, for a total cost of $14,875, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-237 ? 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 2009-238 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification - Police Fiscal Impact: Monetary gifts donated to the Department transferred to appropriate budget line for expenditure. RESOLVEDmodifies the 2009 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: To: Revenues: A.2705.40 Gifts & Donations $1,200.00 To: Appropriations: A.3120.2.500.400 Radio Equipment $1,200.00 ? Vote Record - Resolution RES-2009-238 ? 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 2009-239 CATEGORY: Budget Modification DEPARTMENT: Community Development Stormwater Management Grant March 24, 2009 Page 17 Minutes Southold Town Board Meeting RESOLVEDmodifies the 2008 that the Town Board of the Town of Southold hereby General Fund Whole Town Budget as follows: To: Revenues: A.3089.80 Misc. State Aid Department of State $14,773.11 To: Appropriations: A.8020.4.400.200 Planning, C.E., C.S. CCE-Stormwater Mgmnt Plan $14,773.11 ? Vote Record - Resolution RES-2009-239 ? 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 2009-240 CATEGORY: Employment - Town DEPARTMENT: Recreation Help Wanted Advertisement RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for the following seasonal positions in the April 2 edition of The Suffolk Times: Beach Attendants Lifeguards Water Safety Instructors Playground Instructors. March 24, 2009 Page 18 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2009-240 ? 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 2009-241 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to Police Officer Kenneth Richert to Attend Recertification TASER Training in Hicksville, NY RESOLVED grants permission to Police that the Town Board of the Town of Southold hereby Officer Kenneth Richert to attend a recertification TASER training in Hicksville, New York, on Friday, April 10, 2009. All expenses for registration and travel to be a legal charge to the 2009 Police budget training line - A.3120.4.600.200. Travel will be by Department vehicle. ? Vote Record - Resolution RES-2009-241 ? 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 2009-242 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Mods - LF Groundwater & Screening Plant Fiscal Impact: To fully fund required GW monitoring. Funds avail. from DEC Monitor line which is paid in full for 2009. Screening Plant $ to repair damage to drum, garbage bag line sufficiently funded. RESOLVEDmodifies the 2009 that the Town Board of the Town of Southold hereby Solid Waste Management District budget as follows: From: SR 8160.4.500.100 (DEC Env. Monitor Fee) $ 2,500 March 24, 2009 Page 19 Minutes Southold Town Board Meeting SR 8160.4.100.650 (Town Garbage Bags) 2,000 To: SR 8160.4.500.150 (Groundwater Monitoring) $ 2,500 SR 8160.4.100.573 (Trommel Screen) 2,000 ? Vote Record - Resolution RES-2009-242 ? 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 2009-243 CATEGORY: Landfill Misc. DEPARTMENT: Solid Waste Management District Compost and Mulch Fee RESOLVEDsets the following fees for that the Town Board of the Town of Southold hereby products from the Town Compost Facility in Cutchogue, effective immediately: ?? Screened Compost: $15 per cubic yard. ?? Wood Chips - Double Ground: $9 per cubic yard. ?? Wood Chips - Screened: $9 per cubic yard. ? Vote Record - Resolution RES-2009-243 ? 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 2009-244 CATEGORY: Public Service DEPARTMENT: Highway Department Spring Clean Up Dates Announced March 24, 2009 Page 20 Minutes Southold Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby authorizes the acceptance of residential leaves and brush at the Southold Town Compost facility, free of charge, for five (5) weeks in connection with the Spring Cleanup for the year 2009 starting Saturday, April 11, 2009, through Sunday, May 17, 2009; and be it RESOLVED FURTHER that the Town Board hereby extends the waiver of such fees to commercial entities carrying leaves and brush from residential properties (located within the Town) during that period; and be it RESOLVED FURTHER that the Highway Department Spring Cleanup will commence on Monday, April 13, 2009, in LAUREL and end at ORIENT; and be it RESOLVED FURTHER that the Fishers Island Spring Cleanup will also commence on Monday, April 13, 2009, and be it RESOLVED FURTHER , effective 2009, the removal of brush will be limited to the Spring Cleanup only, there will only be leaf pick up in the fall. ? Vote Record - Resolution RES-2009-244 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-245 CATEGORY: Public Service DEPARTMENT: Police Dept Request Permission for Eight Students from the Local High Schools to Job Shadow at the Police Department and Supervisor’s Office RESOLVEDgrants permission to eight that the Town Board of the Town of Southold hereby March 24, 2009 Page 21 Minutes Southold Town Board Meeting (8) students from the local high schools to participate in a day of job shadowing at the Southold Town Police Department on Thursday, April 2, 2009, and one (1) in the Supervisor’s office. ? Vote Record - Resolution RES-2009-245 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-246 CATEGORY: Budget Modification DEPARTMENT: Planning Board Authorize the Establishment of the Following Capital Project in the 2009 Capital Fund for a $40,000 Grant Award from the National Fish and Wildlife Foundation for the Mattituck Inlet Stormwater Mitigation Project WHEREAS the Town of Southold has received notice of a $40,000 grant award from the National Fish and Wildlife Foundation for the Mattituck Inlet Stormwater Mitigation project (NY) #2008-0065-020, and WHEREAS the Town Board of the Town of Southold has determined that the financial activity for this project should be reported in the Capital Fund, now therefore be it RESOLVED authorizes the that the Town Board of the Town of Southold hereby establishment of the following Capital Project in the 2009 Capital Fund: Capital Project Name: Mattituck Inlet Stormwater Mitigation (NY) #2008- 0065-020 Financing Method: Capital Grant from National Fish and Wildlife Foundation Budget: Revenues: March 24, 2009 Page 22 Minutes Southold Town Board Meeting H.4097.00 Capital Grant, Federal Government US Fish and Wildlife Service/EPA $40,000 Appropriations: H.8540.2.100.200 Stormwater Mitigation Capital Outlay Mattituck Inlet Stormwater Mitigation $40,000 ? Vote Record - Resolution RES-2009-246 ? 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 2009-247 CATEGORY: Budget Modification DEPARTMENT: Community Development Budget Modification Fiscal Impact: This budget modification is to cover over expended budget lines, as per the Administrative Contract, for unused vacation and sick time RESOLVEDmodifies the 2008 that the Town Board of the Town of Southold hereby General Fund Whole Town Community Development budget as follows: FROM: A.8660.4.100.100 Office Supplies $ 689.00 A.8660.4.100.600 Community Service Supplies $ 200.00 A.8660.4.200.100 Cell Phone Service $ 368.00 A.8660.4.400.700 Printing $1,500.00 A.8660.4.600.300 Travel $ 452.00 A.8660.4.600.500 Meetings & Seminars $1,000.00 A.8660.4.600.800 Advertising $ 500.00 A.1490.1.100.100 Public Works Admin, Regular Earnings $3,833.00 TOTAL : $8,542.00 TO : A.8660.1.100.100 Regular Earnings $1,335.00 A.8660.1.100.200 Overtime Earnings $1,066.00 A.8660.1.100.300 Vacation Earnings $4,477.00 A.8660.1.100.400 Sick Earnings $1,664.00 March 24, 2009 Page 23 Minutes Southold Town Board Meeting TOTAL : $8,542.00 ? Vote Record - Resolution RES-2009-247 ? 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 2009-248 CATEGORY: Attend Seminar DEPARTMENT: Town Attorney Grants Permission to Assistant Town Attorney Lori M. Hulse to Attend the Seminar Entitled “Exit Rights & Responsibilities of Employees Upon Termination” at the Suffolk County Bar Association Center in Hauppauge, New York, RESOLVEDgrants permission to that the Town Board of the Town of Southold hereby Assistant Town Attorney Lori M. Hulse to attend the seminar entitled “Exit Rights & Responsibilities of Employees Upon Termination” at the Suffolk County Bar Association Center in Hauppauge, New York , on March 25, 2009. All expenses for registration and travel are to be a charge to the 2009 Town Attorney budget. ? Vote Record - Resolution RES-2009-248 ? 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 2009-249 CATEGORY: Advertise DEPARTMENT: Police Dept Request Town Clerk to Advertise for Traffic Control Officers for the 2009 Season RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for two (2) weeks for Traffic Control Officers for the 2009 March 24, 2009 Page 24 Minutes Southold Town Board Meeting summer season at the hourly wage of $15.22 per hour. Applications must be received by Friday, April 24, 2009. ? Vote Record - Resolution RES-2009-249 ? 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 2009-251 CATEGORY: Support Resolution DEPARTMENT: Town Clerk Support For Local Government Records Management Improvement Fund (LGRMIF) and the Office of Cultural Education Account Whereas , the Local Government Records Management Improvement Fund (LGRMIF) was created in 1989 to provide technical assistance and grants to establish, improve or enhance records management programs in New York’s 4400 local governments, and Whereas , the LGRMIF has awarded 8,856 grants totaling over $176 million to improve the management of records for over half of all local governments in New York State, and Whereas , the LGRMIF saves local governments at least $5.6 million annually in storage costs by funding grant projects to identify and destroy non-permanent records, and Whereas , the LGRMIF saves local governments at least $4.8 million annually in costs to search for records, and Whereas , the LGRMIF has supported the preservation of over 3 million essential records, ensuring their continued availability for citizens, teachers, genealogists, and other researchers, and March 24, 2009 Page 25 Minutes Southold Town Board Meeting Whereas , the LGRMIF has vastly improved public access to millions of records in thousands of local governments through projects to scan paper records, make records available online, or arrange and index voluminous older records, and Whereas , the need for the LGRMIF grants program continues to grow with requests for more money to fund increasingly complex and costly records projects, and Whereas , since 1989, State Archives staff have conducted 20,000 site visits to local governments to provide hands-on records management guidance at no cost to local governments, and Whereas , the LGRMIF has trained over 10,300 local government officials to manage both paper and electronic records through 130 onsite workshops and webinars given each year, and Whereas , the LGRMIF has been at the forefront of technological change in local government, bringing hundreds of local governments into the Internet age in the 1990s, funding complex geographic systems projects, and supporting grants to scan and make available millions of images of local government records, and Whereas , the LGRMIF and the program it supports continue to be flexible and responsive, operate at a high standard of excellence, and provide direct and significant benefit to local governments at no cost to the taxpayers, and Whereas , the records needs of local governments are growing more complex and expensive, and greater support for the LGRMIF will make possible critical electronic records and disaster planning projects, and Whereas, greater support for the LGRMIF will further make possible shared services programs that will save money for local governments by helping them develop cooperative and sustainable records management programs, and March 24, 2009 Page 26 Minutes Southold Town Board Meeting Whereas , the LGRMIF fee has never been increased since its inception in 1989, and Whereas, the Town Board of the Town of Southold has benefited from technical assistance, training, publications and 10 grants in excess of $200,000.00 from the LGRMIF, and Whereas , the LGRMIF continues to be critically important in the fulfillment of the many records and information related responsibilities of the Town Board of the Town of Southold Whereas, the Cultural Education Account funds most of the operations of the State Museum, Library, and Archives, and Whereas , the Cultural Education Account balance is now fully depleted as a result of the severe decline in revenue and the annual and special transfers of funds to support other state purposes, and Whereas , without the fee increase, the Office of Cultural Education’s services to the public will be at risk, including access to the Museum’s huge collection of natural history and historical artifacts, the Library’s collection of genealogical books and free online access to specialized databases and electronic journals, and the Archives historical records of state and colonial government going back to the early 1600s, therefore Be it resolvedsupports Assembly Bill A-6783, that the Town Board of the Town of Southold which proposes modest increases in the fees supporting the Cultural Education Account from $15.00 to $22.50 and the LGRMIF from $5.00 to $7.50 per transaction to ensure the continuation of the programs of the Office of Cultural Education and improvement of records management programs in New York’s local governments through LGRMIF services and grants that increase citizen access to records, build vital information infrastructures in local government, stimulate local economies across the state, and allow our local leaders to address twenty-first century realities. March 24, 2009 Page 27 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2009-251 ? 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 2009-252 CATEGORY: Litigation DEPARTMENT: Town Attorney Retain Frank Isler as Special Counsel in Traendly RESOLVEDretains Frank A. Isler, Esq. that the Town Board of the Town of Southold hereby as Special Counsel in the Supreme Court, Suffolk County civil action entitled “Henry Traendly and Barbara Cadwallader v. Zoning Board of Appeals of the Town of Southold” , under Index No. 09-08226. ? Vote Record - Resolution RES-2009-252 ? 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 2009-253 CATEGORY: Budget Modification DEPARTMENT: Accounting Modify the 2008 Fishers Island Ferry District Budget Fiscal Impact: To correct overextended appropriations. RESOLVEDmodifies the 2008 Fishers that the Town Board of the Town of Southold hereby Island Ferry District budget as follows: APPROPRIATIONS: Debits Credits TO: SM.5610.2.000.000 Airport, Capital Outlay 15,300 March 24, 2009 Page 28 Minutes Southold Town Board Meeting SM.5610.4.000.000 Airport, C.E. 32,800 SM.5709.2.000.200 Repairs, Docks & Terminals 11,600 SM.5710.1.000.000 Personal Services 116,100 SM.5710.2.000.000 Ferry Repairs-Both Vessels 9,600 SM.5710.2.000.100 Ferry Repairs-Munnatawket 6,000 SM.5710.2.000.200 Ferry Repairs-Race Point 5,900 SM.5710.4.000.000 Ferry Operations, C.E., Other 51,100 SM.5710.4.000.200 Ferry Operations, C.E., Utilities 2,200 SM.5710.4.000.300 Ferry Operations, C.E., Fuel Oil Vessels 78,750 SM.5710.4.000.500 Ferry Operations, C.E., Computer Ops 11,100 SM.5710.4.000.700 Ferry Operations, C.E., UPS Freight 600 SM.5711.4.000.000 Office Expense, C.E. 2,200 Total Credits 343,250 FROM: SM1310.4.000.000 Accounting 290 SM1420.4.000.000 Town Attorney 14,640 SM1910.4.000.100 Insurance, C.E., Ferry Ops 3,420 SM1910.4.000.200 Insurance, C.E., Insurance Airport 13,210 Insurance, C.E., Insurance Workers SM1910.4.000.300 Comp 1,310 SM.1930.4.000.000 Insurance Claims, C.E. 4,660 SM.1950.4.000.000 Property Tax, C.E. 2,900 Repairs, Capital Outlay, Rprs Rental SM.5709.2.000.100 Bldgs 16,460 SM.5710.4.000.100 Ferry Ops, C.E., Utilities-NL 580 SM.5710.4.000.400 Ferry Ops, C.E., Printed Mat'ls 7,920 SM.5710.4.000.600 Ferry Ops, C.E., Janitorial Supplies 5,000 SM.5712.4.000.000 Commissioner Fees 2,300 SM.5713.4.000.000 US Mail, C.E. 2,800 SM.7155.4.000.000 Theatre, C.E. 2,890 SM.9010.8.000.000 NYS Retirement 40 SM.9030.8.000.000 Social Security Benefits 480 SM.9050.8.000.000 Unemployment Insurance 15 SM.9060.8.000.000 Medical Insurance Benefits 12,460 SM.9710.7.000.000 Serial Bond Interest 20 Total Debits 91,395 REVENUES FROM: SM.1760.10 Ferry Operations-Freight 81,965 SM.1760.20 Ferry Operations-Traffic 1,615,650 SM.2450.10 ATM Commissions 1,510 SM.1770.00 Elizabeth Airport 2,000 SM.1789.00 US Mail 30 SM.2089.00 Theater 9,230 SM.2410.00 Interest & Earnings 2,250 Total Credits 1,712,635 TO: SM.1090.00 Int & Penalities RE Taxes 510 SM.1760.00 Ferry Operations 1,727,770 March 24, 2009 Page 29 Minutes Southold Town Board Meeting SM.1760.30 Ferry Operations-UPS 21,780 SM.4097.00 Capital Federal Grant 32,475 SM.1765.00 Charters 14,112 SM.2210.00 Service other Governments 2,090 SM.2680.00 Insurance Recoveries 1,650 SM.2701.00 Refunds Prior Year Expenditures 380 SM.2770.10 Dock Fees 250 SM.3097.00 NYS Capital Grant 17,580 SM.5990.00 Appropriated Fund Balance 145,893 Total Debits 1,964,490 Total Entries 2,055,885 2,055,885 ? Vote Record - Resolution RES-2009-253 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? 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 2009-254 CATEGORY: Budget DEPARTMENT: Public Works Animal Shelter Improvements RESOLVEDauthorizes the installation that the Town Board of the Town of Southold hereby of chain link fencing, asphalt paving and drainage work at the Southold Town Animal Shelter at an amount not to exceed $220,000, subject to the approval of the Town Attorney’s Office. ? Vote Record - Resolution RES-2009-254 ? 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 2009-255 CATEGORY: Budget Modification DEPARTMENT: Town Attorney March 24, 2009 Page 30 Minutes Southold Town Board Meeting Budget Modification RESOLVEDmodifies the 2009 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $1,750.00 To: A.1010.4.500.300 Town Board, Environmental Consultants $1,750.00 ? Vote Record - Resolution RES-2009-255 ? 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 2009-256 CATEGORY: Seqra DEPARTMENT: Town Attorney Authorizes Supervisor Scott A. Russell to Retain Nelson, Pope & Voorhis, LLC to Perform a SEQRA Review for an Amendment to the Water Map Regarding Properties Known as SCTM Nos. 1000-55-1-5.1 and 1000-55-2-8.5 RESOLVEDauthorizes Supervisor that the Town Board of the Town of Southold hereby Scott A. Russell to retain Nelson, Pope & Voorhis, LLC to perform a SEQRA review for an amendment to the Water Map regarding properties known as SCTM Nos. 1000-55-1-5.1 and 1000-55-2-8.5 , in accordance with their Proposal dated March 17, 2009, at a cost not to exceed $1,750.00 (Budget Line A.1010.4.500.300), subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-256 ? 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 March 24, 2009 Page 31 Minutes Southold Town Board Meeting 2009-257 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement Between Harold’s LLC (Harold Cook) and the Town of Southold for the Operation and Maintenance of the Pump Station of the Fishers Island Sewer District RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Agreement between Harold’s LLC (Harold Cook) and the Town of Southold for the operation and maintenance of the Pump Station of the Fishers Island Sewer District for a one year term commencing on April 1, 2009 and ending on March 31, 2010, for the sum of $187.30 per month, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-257 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-258 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk 11 Mighty North Fork Triathlon Fiscal Impact: Beneficiaries for this are: Rick Shalvoy's Row for a cure (Breast Cancer Cure Research), Cornell Marine Science Center, and C.A.S.T (Community Action of Southold Town). RESOLVEDgrants permission for the that the Town Board of the Town of Southold hereby th Event Power to hold it’s "11 Annual Mighty North Fork Triathlon" , at Cedar Beach Park, Sunday, July 12, 2009 Southold, New York, on using the following roads: Cedar Beach Road Paradise Point Road Main Bayview Road Jacobs Lane N. BayviewRoad Brigantine Drive Harbor Light Road Windjammer Drive Anchor Lane March 24, 2009 Page 32 Minutes Southold Town Board Meeting Dayton Road North Parish Drive Pine Neck Road Baywater Avenue South Harbor Hiawathas Path Nokomis Road Minnihaha Blvd. Longview Lane Wateredge Way Rambler Road provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured, a remuneration fee of $800.00 for traffic control and $500.00 deposit for clean-up (deposit to be returned after event upon recommendation of Captain Flatley, Southold Town Police Department), and their efforts to control noise and a good faith effort to notify neighbors in advance of event, and secure permission from Suffolk County Parks, Recreation and Conservation for their use of Cedar Beach Park facility. Applicant must contact Captain Flatley to coordinate traffic control upon notification of the adoption of this resolution. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2009-258 ? 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 2009-259 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Agricultural Advisory Committee Reappointments RESOLVEDreappoints the following the Town Board of the Town of Southold hereby members to the Agricultural Advisory Committee for terms to expire March 31, 2012: Karen Rivara John Sepenoski Robert VanBourgondien and be it further RESOLVED the Town Board of the Town of Southold hereby reappoints the following members to the Agricultural Advisory Committee for terms to expire March 31, 2011 March 24, 2009 Page 33 Minutes Southold Town Board Meeting Jim Glover Stephen I. Mudd ? Vote Record - Resolution RES-2009-259 ? 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 2009-260 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk ABTF Appointment and Reappointments RESOLVEDappoints the Reverend the Town Board of the Town of Southold hereby Nathaniel Heyward reappoints Michael Domino, Elizabeth Murphy, Marjorie Day and and Cynthia Kumelos-Smith to the Anti-Bias Task Force for terms to expire March 31, 2012. ? Vote Record - Resolution RES-2009-260 ? 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 2009-261 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Architectural Advisory Committee Reappointments RESOLVEDreappoints Ronald McGreevy the Town Board of the Town of Southold hereby and Sanford Hanauer to the Architectural Review Committee for terms to expire March 31, 2012 and reappoint Nicholas J. Planamento for a term to expire March 31, 2011, and be it further March 24, 2009 Page 34 Minutes Southold Town Board Meeting RESOLVEDJames Grathwohl as the Historic Preservation representative to reappoint Reynolds DuPont, Jr. as the Fishers Island representative through March 31, 2011; reappoint through March 31, 2011; ? Vote Record - Resolution RES-2009-261 ? 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 2009-262 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Conservation Advisory Council Reappointments and Advertise for Member to Fill Vacancy RESOLVEDreappoints John E. McGreevy the Town Board of the Town of Southold hereby and Peter A. Young to the Conservation Advisory Council for terms to expire March 31, 2011 and be it further RESOLVED to authorize and direct the Town Clerk to advertise for resumes to fill a vacancy on the Council. ? Vote Record - Resolution RES-2009-262 ? 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 2009-263 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Reappointments to the Dredging Advisory Committee March 24, 2009 Page 35 Minutes Southold Town Board Meeting RESOLVEDreappoints Eugene Burger, the Town Board of the Town of Southold hereby Robert Lehnert, Peter R. McGreevy, Jerry Schultheis and Chris R. Showalter to the Dredging Advisory Committee for terms to expire March 31, 2011. ? Vote Record - Resolution RES-2009-263 ? 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 2009-264 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Fishers Island Harbor Committee Reappointments RESOLVEDreappoints the following to the the Town Board of the Town of Southold hereby to the Fishers Island Harbor Committee for terms to expire March 31, 2014: Frank Bohlen F.I. Yacht Club/Off Island Leslie Goss F.I. Lobstermen's Assoc. Trudi Edwards Island People's Project Peter Rugg Fishers Island West Harbor ? Vote Record - Resolution RES-2009-264 ? 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 2009-265 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Historic Preservation Commission Reappointments March 24, 2009 Page 36 Minutes Southold Town Board Meeting RESOLVEDreappoints Jon Larry the Town Board of the Town of Southold hereby Jungblut, James Garretson and Barbara Schnitzler to the Historic Preservation Commission for terms to expire March 31, 2013. ? Vote Record - Resolution RES-2009-265 ? 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 2009-266 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk LL Docks PH 4/21/09 7:35 Pm WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk A Local Law County, New York, on the 24th day of March 2009 a Local Law entitled “ Amending Chapter 275 in Relation to Residential Docks located in or over Great Peconic Bay, Cutchogue Harbor, Little Peconic Bay, Hog Neck Bay, Noyack Bay, Southold Bay, Shelter Island Sound, Pipes Cove, Orient Harbor and Gardiners Bay” and now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New April 21, 2009 at 7:35 p.m. York, on at which time all interested persons will be given an opportunity to be heard. “A Local Law Amending Chapter 275 in Relation to The proposed Local Law entitled, Residential Docks located in or over Great Peconic Bay, Cutchogue Harbor, Little Peconic Bay, Hog Neck Bay, Noyack Bay, Southold Bay, Shelter Island Sound, Pipes Cove, Orient Harbor and Gardiners Bay” reads as follows: March 24, 2009 Page 37 Minutes Southold Town Board Meeting LOCAL LAW NO. OF 2009 “A Local Law Amending Chapter 275 in Relation to Residential A Local Law entitled, Docks located in or over Great Peconic Bay, Cutchogue Harbor, Little Peconic Bay, Hog Neck Bay, Noyack Bay, Southold Bay, Shelter Island Sound, Pipes Cove, Orient Harbor and Gardiners Bay” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. In 2005, the Town Board updated Chapter 275 of the Town Code. The Amended chapter was designed to provide necessary regulation of wetlands and natural resources throughout the Town of Southold. It has become necessary to make additional amendments to the Code to ensure for the residents of the Town both a clear understanding of the Code and continued protection of natural resources. The amendments include additional regulations for residential docks and areas that have significant public value and natural resource designations. II. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: §275-2. Definitions; word usage. The following definition shall be added to §275-2: DOCK TERMINUS - the most seaward point of any structure including, but not limited to, piles, catwalks, dolphins, and floating docks. §275-11C(2)(c) Regulations for the placement and configuration of docking facilities. [1] Residential docks. [Amended 10-11-2005 by L.L. No. 17-2005] [a] Only one catwalk may be permitted per residential lot. Only one mooring or dock may be permitted per residential lot. Upon a showing of special need due to low water level and/or hazard to property, the Trustees may permit both a mooring and a dock for the same residential property. [Amended 12-18-2007 by L.L. No. 23-2007] [b] If any part of a residential dock structure includes a float or floating dock, the float or floating dock portion shall be designed so that, with the exception of the pilings: March 24, 2009 Page 38 Minutes Southold Town Board Meeting [i] It is no larger than six feet wide and 20 feet long except on Fishers Island if the need is demonstrated; or of equal square footage as determined by the Trustees; [Amended 12-18-2007 by L.L. No. 23-2007] [ii] No part of the floating dock will contact the bottomland during a normal low tide. [c] In determining the permitted length of a proposed residential dock, the Trustees shall seek to maintain lengths consistent with the other docks (i.e., pier line) in the waterway which meet the requirements of this chapter. [d] Pilings shall not project more than three feet above the surface of a dock or catwalk unless a need for greater height is demonstrated. [e] All excess fill from installation of pilings must be removed from tidal or freshwater wetland area on the same day as installation and disposed of in an approved upland disposal area. [f] Tie-off poles associated with residential docks will only be permitted to secure only one vessel. If the dock utilizes a float, the poles shall not project farther seaward than the outer edge of the float. If a float is not used, the pole(s) can be situated seaward of the end of the dock sufficient to secure the vessel. [g] Only one handrail is permitted on a residential dock unless upon a showing of special need, the need for two is demonstrated. Rails shall not be higher than three feet above the surface of the dock and posts shall not be placed closer than six feet on center or larger than four inches by four inches in dimension. [h] Residential catwalks and ramps are limited to four feet in width. [i] Residential boatlifts, floating or fixed, are prohibited, except in privately owned basins on private property at the discretion of the Board of Trustees. [Amended 12-18-2007 by L.L. No. 23-2007] [2] Residential docks located in or over Great Peconic Bay, Cutchogue Harbor, Little Peconic Bay, Hog Neck Bay, Noyack Bay, Southold Bay, Shelter Island Sound, Pipes Cove, Orient Harbor and Gardiners Bay (excluding all creeks) shall comply with the following standards. [a] Prohibited activities and exclusion. [i] Docks are not permitted within or over Northeast Coastal Areas Study Significant Coastal Habitat Areas or a New York State Department of State Significant Coastal Fish and Wildlife Habitat Areas or where a March 24, 2009 Page 39 Minutes Southold Town Board Meeting lot is within two or more of the following designations: 1. New York State Department of Environmental Conservation Critical Environmental Areas. 2. New York State Department of Environmental Conservation Water Quality Designation - Saline (A) Areas. 3. Peconic Estuary Program Critical Natural Resource Areas. 4. New York Department of State Department of State Fairly Productive and Most Productive Shellfishing Seeding and Harvest Areas. [ii] Docks are not permitted in Pipes Cove from the Village of Greenport boundary west to the southernmost limit of Conkling Point based upon the public resource and ecological functions and values of the area. [iii] Exclusion: MI and MII zoned properties and the Orient Harbor shoreline area between Skippers Lane and King Street are excluded from this standard. [b] Additional regulations: [i] In areas where docks may be permitted (as depicted on the Town of Southold Dock Management Map dated March 5, 2009, as amended), dock structures shall: 1. Align perpendicular to the shoreline. 2. In no case exceed the total length necessary, as measured from the mean high water line (MHW), to achieve a minimum average water depth of four (4) feet mean low water (MLW) at the dock terminus. i. Average water depth shall be measured at a typical low tide (not to exceed one hour from the NOAA predicted time) pursuant to the following method (See attached Figure1). 1. Establish the center point of the proposed dock terminus. 2. Establish a fifteen (15) foot radius circle from the center point of the proposed dock terminus. 3. Measure the water depth at the following five (5) locations: a. Center point of dock terminus. March 24, 2009 Page 40 Minutes Southold Town Board Meeting b. Four additional points on the fifteen (15) foot radius circle spaced at ninety (90) degree intervals with first point on fifteen (15) foot radius seaward from the center point in the direction of the proposed dock. 4. Any location dredged or otherwise disturbed by man-made activity shall not be included in the calculation of average water depth. 5. The date and time of all measurements and weather conditions as reported by NOAA shall be documented. 6. In no case exceed a total length of eighty (80) feet (including dolphins and pilings) measured seaward from the mean high water (MHW) line. 7. Achieve a minimum catwalk height of three (3) feet over the MHW line or be constructed seaward of the MHW line. 8. Be constructed with open-grid decking to achieve a minimum of fifty percent (50%) incoming solar radiation to the water surface. 9. Be oriented north/south to the greatest extent practicable. 10. The use of Chromated Copper Arsenate ( CCA) treated piles is prohibited. Piles shall be constructed of local hardwoods, recycled plastic or other materials as approved for marine use by the Board of Trustees. Figure 1. Water depth measurement method. March 24, 2009 Page 41 Minutes Southold Town Board Meeting [ii] Exclusion: Yacht Clubs and Boat Clubs are excluded from [b][i]. [2] [3] Commercial docks (marinas, yacht clubs and restaurants). Text remains the same. [3] [4] Dredging. Text remains the same. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2009-266 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded March 24, 2009 Page 42 Minutes Southold Town Board Meeting 2009-267 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Housing Advisory Comm Reappointments and Advertise for Resumes to Fill a Vacancy RESOLVEDreappoints LeRoy Heyliger, the Town Board of the Town of Southold hereby Rona Smith and John Vahey to the Housing Advisory Commission for terms to expire March 31, 2012 and be it further RESOLVED to authorize and direct the Town Clerk to advertise for resumes to fill a vacancy on the commission. ? Vote Record - Resolution RES-2009-267 ? 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 2009-268 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Land Preservation Committee Reappointments RESOLVEDreappoints John Sepenoski, the Town Board of the Town of Southold hereby Eric Keil, Raymond Huntington, and Christian F. Baiz III to the Land Preservation CommitteePeter Burr, Fishers Island Liaison for terms to expire March 31, 2011 and for a term to expire 2010. ? Vote Record - Resolution RES-2009-268 ? 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 March 24, 2009 Page 43 Minutes Southold Town Board Meeting 2009-269 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Parks, Beaches & Rec. Comm. Reappoint and Advertis RESOLVEDreappoints Scott Hilary and the Town Board of the Town of Southold hereby Michael Comando to the Parks, Beaches & Recreation Committee for terms to expire March 31, 2012 and be it further RESOLVED to authorize and direct the Town Clerk to advertise for resumes to fill a vacancy. ? Vote Record - Resolution RES-2009-269 ? 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 2009-270 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Renewable and Alternative Energy Committee Appointment and Reappointments RESOLVEDappoints Elizabeth A. Neville the Town Board of the Town of Southold hereby reappoints Roy Rakobitsch, Jerry Schultheis, Kimon H. Retzos, Frank Wills, Peter and Meeker, Anthony Wolbert and Sean M. Delehanty to the Renewable and Alternative Energy Committee for terms to expire March 31, 2012. ? Vote Record - Resolution RES-2009-270 ? 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 2009-271 March 24, 2009 Page 44 Minutes Southold Town Board Meeting CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Stormwater Runoff Committee Reappointments RESOLVEDhereby reappoints Lorne that the Town Board of the Town of Southold Brousseau (Marine Science), Robert Ghosio, Jill Doherty (Trustee), James King (Shellfish Industry), James McMahon/James Richter (DPW), Peter Harris (Highway Dept.), Dean Sambach, Johanna Northam, Supervisor Scott Russell and Councilman Albert Krupski, Jr. to the Stormwater Runoff Committee for terms to expire March 31, 2010. ? Vote Record - Resolution RES-2009-271 ? 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 2009-272 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Transportation Commission Reappointments RESOLVED reappoints Neboysha that the Town Board of the Town of Southold hereby Brashich and Thomas Fox to the Southold Town Transportation Committee for terms to expire March 31, 2012. ? Vote Record - Resolution RES-2009-272 ? 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 2009-273 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk March 24, 2009 Page 45 Minutes Southold Town Board Meeting Tree Committee Appointment and Reappointments RESOLVEDappoints Frank Imbriano that the Town Board of the Town of Southold hereby and reappointsDavid Cichanowicz and Jan L. Jansen to the Tree Committee for terms to expire March 31, 2012. ? Vote Record - Resolution RES-2009-273 ? 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 2009-274 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Youth Bureau Reappointments RESOLVEDreappoints Jeanine Warns, that the Town Board of the Town of Southold hereby Elaine White, Jeff Standish, Bill Brewer, Diane Mollica, Karen McLaughlin, Tom Rabbitt, Mattituck Union Free School District student representative, Southold Union Free School District student representative and Greenport Union Free School District student representative to the Youth Bureau for terms to expire March 31, 2011. ? Vote Record - Resolution RES-2009-274 ? 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 2009-275 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Town Board Standing Committee on Police Matters March 24, 2009 Page 46 Minutes Southold Town Board Meeting RESOLVED creates a Standing that the Town Board of the Town of Southold hereby Committee on Police Matters and appoints Supervisor Scott Russell, Councilman William Ruland, and Councilman Thomas Wickham to review and advise the Town Board on police matters. ? Vote Record - Resolution RES-2009-275 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-276 CATEGORY: Seqra DEPARTMENT: Land Preservation SEQRA CPF Stewardship Management Plan 2009 RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local “A Local Law in relation to the Town of Southold Community Preservation law entitled Fund Management and Stewardship Plan 2009” is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendations of Mark Terry, LWRP Coordinator, dated March 5, 2009, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith; and, be it further RESOLVED that the Town Board of the Town of Southold hereby determines such actions to be consistent with the Town of Southold LWRP. March 24, 2009 Page 47 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2009-276 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-277 CATEGORY: Legislation DEPARTMENT: Land Preservation Enact LL CPF Stewardship Management Plan 2009 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 24th day of February, 2009, a Local Law entitled relation to the Town of Southold Community Preservation Fund Management and Stewardship Plan 2009” now, therefore, be it WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law on the 24th day of March, 2009, at which time all interested persons were given an opportunity to be heard; now, therefore, be it RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed “A Local Law in relation to the Town of Southold Community Local Law entitled, Preservation Fund Management and Stewardship Plan 2009” which reads as follows: LOCAL LAW NO. 5 of 2009 “A Local Law in relation to the Town of Southold Community A Local Law entitled, Preservation Fund Management and Stewardship Plan 2009”. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE In compliance with the Peconic Bay Community Preservation Fund, the Land Preservation Department has prepared a Community Preservation Fund Management and Stewardship Plan for real property interests acquired through the fund. This plan must be adopted by local law and all expenditures from the March 24, 2009 Page 48 Minutes Southold Town Board Meeting fund for management and stewardship functions must be in compliance with the terms of the plan. II. Chapter 17 of the Code of the Town of Southold is hereby amended as follows: § 17-13A. Community Preservation Fund Management and Stewardship Plan adopted. A. The Town Board of the Town of Southold hereby approves and adopts the Town of Southold Community Preservation Management and Stewardship 2009 Plan for real property interests acquired by use of moneys from the Town of Southold Community Preservation Fund, prepared by the Land Coordinator, Preservation Department and Land Preservation Committee Director of the Department of Public Works, and the Stewardship Coordinator, for the period July 1, 2008 through December 31, 2008, presented to the Town Board during the Work Session of August 12, 2008 February 24, 2009, and intended to be the management and stewardship plan (6) required by amendments to § 64-e of the New York State Town Law. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2009-277 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: RESOLVEDbe and hereby is declared that this meeting of the Southold Town Board Recessed in order to hold a public hearing. March 24, 2009 Page 49 Minutes Southold Town Board Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell VI. Public Hearings 1. LL TOS CPF Management & Stewardship Plan 2009 RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Councilman Wickham NOTICE IS HEREBY GIVEN, COUNCILMAN WICKHAM: there has been presented to the th Town Board of the Town of Southold, Suffolk County, New York, on the 24 day of February, “A Local Law in relation to the Town of Southold Community 2009, a Local Law entitled Preservation Fund Management and Stewardship Plan 2009” AND NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, th 24 day of March at 7:33 pm New York, on the at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to the Town of Southold The proposed Local Law entitled, Community Preservation Fund Management and Stewardship Plan 2009” reads as follows: LOCAL LAW NO. 2009 “A Local Law in relation to the Town of Southold Community A Local Law entitled, Preservation Fund Management and Stewardship Plan 2009”. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE In compliance with the Peconic Bay Community Preservation Fund, the Land Preservation Department has prepared a Community Preservation Fund Management and Stewardship Plan for real property interests acquired through the fund. This plan must be adopted by local law and all expenditures from the fund for management and stewardship functions must be in compliance with the terms of the plan. II. Chapter 17 of the Code of the Town of Southold is hereby amended as March 24, 2009 Page 50 Minutes Southold Town Board Meeting follows: § 17-13A. Community Preservation Fund Management and Stewardship Plan adopted. A. The Town Board of the Town of Southold hereby approves and adopts the Town of Southold Community Preservation Management and Stewardship 2009 Plan for real property interests acquired by use of moneys from the Town of Southold Community Preservation Fund, prepared by the Land Coordinator, Preservation Department and Land Preservation Committee Director of the Department of Public Works, and the Stewardship Coordinator, , for the periodJuly 1, 2008 through December 31, 2008 presented to the Town Board during the Work Session of August 12, 2008 February 24, 2009, and intended to be the management and stewardship plan (6) required by amendments to § 64-e of the New York State Town Law. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have here a record that the notice of this public hearing has appeared as a legal in the local Suffolk Times, it has also appeared on the Town Clerk’s bulletin board outside the door and I have a note in here from the LWRP coordinator, if I can find it, who says ‘The Town of Southold’s Community Preservation Fund Management and Stewardship plan for 2009 has been reviewed against Chapter 268, the waterfront consistency review of the town’s code and also the LWRP policy standards. Based upon information provided to this department as well as records available to me, it is my recommendation that the proposed action, directly and indirectly, supports and furthers the below denoted policy standards and therefore is consistent with the LWRP.’ And there are several policies that he notes that this is consistent with. I don’t have any further substantive notices here in the file. Jennifer Harnagel, Group for the East End JEN HARTNAGEL: Good evening, my name is Jen Hartnagel, I am here on behalf of the Group for the East End. We definitely support the proposed plan and we are also here to let this Board know that historically the Group has worked on a number of stewardship initiatives in other towns throughout the east end and they range from cleanups to trail maintenance to osprey pole construction, invasive species removal and we would love it if we could collaborate with the Town on any number of the proposed projects within this plan. So we just want to put that out there and let you know that we would be happy to work with you on these projects. Thank you. March 24, 2009 Page 51 Minutes Southold Town Board Meeting COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Thank you very much. COUNCILMAN KRUPSKI: That is a very generous offer. I will contact Melissa Spiro from the Land Preservation Department and let her know. MS. HARTNAGEL: Sure. Yeah. Okay. And I have a letter I can enter into the record as our contact information. Thank you. COUNCILMAN KRUPSKI: Great. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board on this particular issue? Benja Schwartz, Cutchogue BENJA SCHWARTZ: Good evening. Benja Schwartz from Cutchogue. I think most everybody in town supports land preservation, I am a little surprised there are not more people here tonight. Don’t know where Melissa Spiro is, chairman of our Land Preservation Committee and also the head of the Land Preservation Department. SUPERVISOR RUSSELL: She said, we have someone else who serves as chair I believe. It would be John Sepenoski. MR. SCHWARTZ: Oh, I am sorry. Excuse me. She is a member of the Committee, she is not the chair. I think the Department and the Committee are doing good work with the Town Board’s blessing and approval, I don’t, I just got this plan today, it doesn’t really read like a plan to me, it is more like a report. COUNCILMAN KRUPSKI: It is a requirement, it is a new requirement that the state came up with based on the 2 % land preservation law, that the Town’s have to have an approved plan in order to make sure that the money expended, that it was collected at the 2 % transaction, be spent appropriately and not be spent willy nilly. Alright? So everything that we spend on stewardship has to be according to this approved plan. It is a new requirement. We did one for half of 2008, we adopted it last summer when it was required of all the five towns that adopt a plan and this is the plan for 2009 and every year we will have to do adopt a new plan. SUPERVISOR RUSSELL: You mentioned that it looks like a report, essentially it is a report. We are reporting in advance what money we anticipate spending on preserved properties over the next year. So that the state, you know, recent efforts to make this program more transparent, they want the town’s to disclose in advance before we spend money to make sure the public has plenty of opportunity to comment on how we are spending the money with regard to these preserved properties. MR. SCHWARTZ: I apologize, I haven’t had much time to look at this. I just got it today. And March 24, 2009 Page 52 Minutes Southold Town Board Meeting I would, I will take some time to look at it but for a couple of years, I have been interested in what the land preservation programs in Southold Town have accomplished and I think that there are a lot of people that would be interested in that information if it were more readily available. So at least this is a start in that direction. COUNCILMAN KRUPSKI: Well, if you want to be more interested from the beginning of the process, it will be renewed every year and get involved and review it next year while it is in the making. JUSTICE EVANS: And also, the Land Preservation Department does generate a report quarterly, I think, that gives a pretty statistical analysis of where we are as far as preservation of land out here. MR. SCHWARTZ: Well, this is a public hearing. The purpose of a public hearing is to get feedback from the public but this plan was not readily available. I had to run around looking for it today in Town Hall. th SUPERVISOR RUSSELL: It came to us February 24, but I don’t know why it was so unavailable today. But it had been delivered to us… TOWN CLERK NEVILLE: It was an advertised meeting. MR. SCHWARTZ: Is there a reason why it wasn’t posted online? In February? COUNCILMAN WICKHAM: It would also have to have been printed in the newspaper as a legal in order to have been on the docket for tonight. TOWN CLERK NEVILLE: It was. Here is the affidavit. MR. SCHWARTZ: Well, I didn’t have time to read the paper. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this particular issue? (No response) Closing Comments Supervisor Russell SUPERVISOR RUSSELL: Okay, that completes the agenda. Would anyone like to come up and address the Town Board on any issue? That is a big book. Barbara McAdam, Cutchogue BARBARA MCADAM: I promise I won’t make you read it. Good evening, Barbara McAdam, Cutchogue. I don’t know if anyone had a chance to look at the letters to the editor in this weeks Suffolk Times but the first letter from Mr. Howard Meinke, alluded to me as the Cutchogue resident, I have been here previously to talk about the Suffolk County Health Departments stance March 24, 2009 Page 53 Minutes Southold Town Board Meeting regarding the Heritage and their decision to allow individual cesspools and so forth, with the full knowledge that it is going to cause pollution of several of our estuaries and Mr. Meinke’s letter I thought was very appropriate to ask where is the study that I believe you had spoken about regarding sewage and so forth, that big projects like that would generate. I just wanted to clarify for the public who is watching this program, in his letter he said that I said that there would be pollution. I want to make that clear, I did not say it, it was in a letter to me from the Suffolk County Health Department by Robert Farmer, whose title is Associate Public Health Engineer Supervisor of the Bureau of Drinking Water and I will read the quote again, I look at this letter every day and I am just astonished by it, I just can’t believe that it is out there but it says “the sewage generated from this area (meaning the Heritage) will move southeasterly which is the direction of groundwater flow towards Wickham Creek and Cutchogue Harbor” and to me that is just alarming, that the Health Department knows this and you mention the book that I brought up here, when I was here last fall I mentioned that we don’t ever want to find ourselves in the position that the community of Mastic and Shirley are in with the catastrophic pollution of the Forge River. So I brought this, this just came out in January, it is the County Sewer Agency Department of Public Works Mastic-Mastic Beach, Shirley Sewer and Feasibility Study and I am interested in this because I spent 30 years of my life as a teacher in this district, in this area so it is kind of like my second home but going through it, I found some very interesting facts that do pertain to us and I will pass this on to Mrs. Neville, she will make copies I am sure for all of you, but I just want to hit on a couple of them because again, I am astonished. The County Health Department knows a great deal, however, when you write to them as private citizen and ask questions, they are very reluctant to write back or to respond to you and for me personally, it was only through the efforts of Legislator Romaine that Doctor Chaudry did finally respond. I think it took him eight months to respond to one of my letters. So there seems to be a real reticence on the part of the Health Department to take on these questions head on and they obviously do know a lot about our area. I just want to hit on a couple of things. This was part of the th feasibility study and it was part of a steering committee meeting last June 18. Quite a few people were in attendance and one of the tasks that they discussed was water quality and it says “higher nitrate levels are observed throughout the County, particularly in un-sewered, densely developed and agricultural areas, underscoring the relationship between the overlying land uses and ground water quality” That to me is significant. They also said “nitrate levels in agricultural areas of the North Fork were indeed elevated, while nitrate levels in less densely developed areas such as Pine Barrens and South Fork were not. Ground water nitrate levels resulting from up gradient land use in study areas where an extensive water quality data base could be assembled from private well sampling showed that shallow private wells located south clearly show the impact of on site waste water disposal on down gradient nitrate levels and was consistent with the Suffolk County Health Departments earlier studies”, so they must have a whole wealth of information supporting these concerns that I have and a lot of my neighbors and I think just people in Southold Town have. Why they are so reluctant to share them, this information with us is beyond me. This is kind of interesting, “water quality data characterizing nitrates and pesticides in agricultural areas of the County demonstrated that agricultural land uses continued to result in high levels of nitrogen in excess of the 10 mg per liter drinking water standard. Pesticide monitoring conducted in these wells revealed that pesticide and or their breakdown products continued to be detected in agricultural areas for decades after their registration was withdrawn.” I don’t think any of us want to stop agriculture out here, it is the reason why we March 24, 2009 Page 54 Minutes Southold Town Board Meeting live out here because it is part of the heritage of this area but I think when we are looking at agriculture mixed with high density residential development, we really need to create a balancing act here. The most astonishing statement from this (inaudible) page review says, “un-sewered areas that have historically permitted more than two dwelling units per acre have reported water quality problems, prompting subsequent construction of sanitary sewers or code changes.” And we know that the Heritage is designated as ¼ acre zoning, so again, it seems pretty clear cut to me. I just wonder about the Health Department, the County Health Department in their whole tack of standing by their standards. When Dr. Chaudry finally responded to me he said, you know, I have faith in our standards. Those are the same standards that put Mastic Beach and Shirley in this bind and I just wonder that if they have such faith in their standards, why did they amend them recently? And why won’t they oppose those amendments on the Heritage at Cutchogue? So, these are questions that I have, I don’t know if you know, you…. SUPERVISOR RUSSELL: We have actually met with the Department of Health to discuss the changing standards and we have heard everything that you are suggesting tonight and we agree with everything you have suggested tonight. we have decided because of that application is part of a positive declaration on the SEQRA, we can put that onus on the owner. I read Mr. Meinke’s letter last week and I think his impatience is probably a little bit misplaced. The problem is, what we have is an applicant or a, for the lack of a better word, a fairly dormant application. We have no intention on moving forward without those issues being addressed and being addressed by the applicant. But I can’t make the applicant move his application forward. I can’t respond as to what his current goals are but we are not moving forward until those particular issues are addressed. And we declared that as part of the pos dec. MS. MCADAM: And again, you have been very responsive to all of my questions and questions that my neighbors and people around town and we thank you for that, we thank you for being forthcoming but it is just amazing that the County Health Department, you know, they are charged with the health, safety and welfare of all of us and it is like, don’t ask us any questions, you know? Your concerns are not really our business and they are, so we appreciate that you, you know, are cognizant of that. So again, I promised I wouldn’t make you read it but I don’t want some Southold resident you know, thirty years from now to have to come up here and say, you know, here is the feasibility study for Southold or you know, for the hamlet of Cutchogue or whatever. I just hope that we can get it right. so, I hope that we will use our lead agency status to the fullest. SUPERVISOR RUSSELL: We intend on it. We did make some code amendments to incorporate some of those changed Department of Health standards into our code, so. MS. MCADAM: And we are grateful for that. So thanks a lot. SUPERVISOR RUSSELL: Okay. Thank you, Barbara. Would anyone else like to come up and address the Town Board on any issue? Nancy Sawastyanowicz NANCY SAWASTYNOWICZ: Good evening, Nancy Sawastynowicz of Cutchogue. I agree with Mrs. McAdam on what she just presented to us and the letter that was in the paper was March 24, 2009 Page 55 Minutes Southold Town Board Meeting excellent. We do need a master plan, we were supposed to start it this year, we are now into almost April, so we need a master plan that will incorporate everyone’s desires for Southold Town. Both now and for our Town’s growth to maturity. We do not need another mystery plan, like the environmental assessment form, which you did to avoid public input on your decision to give Suffolk County Water Authority approval to take control of Southold’s public water to accommodate increased growth trend. That is not planning, that is corruption. Mr. Supervisor, you said that Southold Town has no control over Suffolk County Water Authority, well, please read the Southold Town water map, it says the Town of Southold approval is required for new connections to transmission mains. The CEO of our water authority, the infamous Jones, said that public water supply will stimulate development unless you, our local government, do your job of planning and zoning. We need a master plan. When and how will the Town Board decide if the Heritage at Cutchogue will be allowed to hookup to Southold Town’s public water supply? After site plan approval? What procedures and standards will apply? Will our Town Board have a right to say no? I hope you, the Town Board, will do something about this problem. We get nothing done when you, Mr. Supervisor, make important issues personal. That is not why people voted for you to represent them. We want you to represent the community’s interests, instead of being hostile to citizens like myself and others who volunteer to help, the Town Board should welcome all comments and suggestions. Retired people have lots of time to contribute but government should also be open to people still working for their living, even if they do not have time to join one of your committees but above all, the Supervisor should be a voice for tolerance rather than intolerance. Thank you. SUPERVISOR RUSSELL: Who is next? Would someone like to address the Town Board? Benja Schwartz MR. SCHWARTZ: Thank you, Nancy. Well said. I would like to address the Town Board and thth I don’t know if you saw this on March, when was it, March 5 or March 6 in Newsday about th Riverhead, that there is going to be a 5 lane on Route 58 from the end of the expressway to the hospital. I don’t know how much you have driven out to Southampton, where they added another lane and they have that 40 mph speed limit where it used to be 50 but you know, there is a lot of development pressure coming our way and there is a lot of problems that come along with that. Last September Riverhead swallowed the pill, they have to spend another $3.6 million to upgrade part of the sewer system for that section of town. You know, and the traffic is not just in Riverhead, the way people are driving in Riverhead does impact us on the north fork. The resolution tonight to retain Nelson, Pope and Voorhis to perform a SEQRA review for another amendment to the water map, didn’t say in here but I did a little research and that was due to some tests that were done by the infamous Suffolk County Health Department and there was some talk at the work session about maybe an independent consultant should be asked to confirm these tests. Without going into too much detail, the tests showed that there was a lot of contaminants including temik, nitrates and perchlorate. Again, I don’t want to take too much time but I did look up perchlorate because I wasn’t, I knew a little bit about temik and nitrates, but I didn’t know much about perchlorate and very briefly, perchlorate salts are used in fireworks and blasting agents and rockets and bombs and there is probably a lot of perchlorate over in Iraq right now and Afghanistan. Solid rocket fuel, matches, lubricating oil, air bags and certain kinds of fertilizers. So I assume maybe they came from fertilizers here. Perchlorate can interfere with the iodide uptake into the thyroid gland, for adults that regulates our metabolism, for children March 24, 2009 Page 56 Minutes Southold Town Board Meeting that regulates how they grow. So it can be very serious. It is a very mobile contaminant and it is a very persistent contaminant. It stays around for a long time. It can be filtered out. Well, the approach here that I see this Town Board taking is going to amend the water map to permit public water to go to these four new lots in a subdivision which I commend you on, on the cooperation with the private property owner in developing a subdivision that includes land that will be dedicated for public purpose, open space and also some private houses and there is no cost to the Town. On the other hand, I think that the fact that this property had that problem, I would like to see some more testing to see how far that plume of contaminants extend, if that is what they are and I would like to know if we just give them public water, that will solve their problems for t hose particular properties but what is going to happen to those contaminants? Are they going to spread to other properties and you know, there is a lot of questions raised by this and you know, we need to find out. So there is a SEQRA process that is being started by an assessment which likely will be a, say that there is a negative declaration and no possible impact from this extending public water to these four and I think it is a good thing what we are doing but one thing I note, the SEQRA law as of this law, requires that SEQRA documents be posted on line. On the internet. I don’t know if that is, if you are prepared to do that for this SEQRA proceeding. It is not being done on a regular basis yet anyway. There is the occasional SEQRA document that is posted on the web site but we need to have a system and do it consistently. Thank you for that, the attention on that matter. I do have one other matter that I would like to touch on. I know you are all waiting to hear about the web site. It seems like it has been 10 years that I have been trying to get the time to talk to you about that and I have not yet been successful in scheduling a meeting. So I am not going to go into detail, I just want to mention three quick points. On the home page, the first link in the places of interest, the first category on the home page, points to a file on a computer in the Town Hall when you are on line at home and you click on that file, it says it is not available. It is not on the web server. The link to the Town code on the home page takes you to a page that says, oh, we changed this address and it has been that way for a couple of months. It takes about three minutes to update a link like that and I have mentioned that before to the Town Board and I have mentioned it to the Data Processing Department. Nothing happens. The web site still has the link to the Cutchogue-New Suffolk Chamber of Commerce. The link is dead, they combined with the Southold-Greenport Chamber of Commerce, North Fork Greenport, whatever they call themselves. They are not that organized but I would like to see our town at least try to work with the business interests by at least getting the links straight on the web site. It is not really a lot to ask. But then again, you all don’t have much time for this. So I have a suggestion for you but before I get to that, there is one other thing on the agenda tonight that I wanted to compliment you and especially Scott Russell on his suggestion at the work session today when they were discussing the committee appointments, Scott Russell said that they were going to, the Town Board should ask each committee to develop a statement of their purpose and their goals. Is that right, fairly accurate? SUPERVISOR RUSSELL: That is right, yes. MR. SCHWARTZ: And some of the other Town Board members questioned that, thinking that the Town Board should be the one to develop the goals and the objectives of all the committees. I agree with Scott, I think the committees are the most capable and appropriate people to initially draft that statement. Of course, it would be reviewed by the Town Board and I would like to March 24, 2009 Page 57 Minutes Southold Town Board Meeting suggest that after the Town Board reviews it, they share it with the public. Perhaps put it on the web site. That would be the easiest, the cheapest, the most effective, efficient, economical way to do it. The police commission, just a little note for clarification, you are making it a standing committee of the Town Board but actually the Town Board, you all also wear a hat of the police commissioner. And the way I see it, that commission really is more answerable to the police commission than the Town Board. But that is just a little technicality. The suggestion I promised you is that the Town Board consider forming a new committee. Town of Southold on line commission or committee. And I think you all have an idea what that would do. it would enable you, the Town Board, to do what you do everyday without having to worry about this web site which from, it doesn’t appear that you really have time. So if you would decide to form a commission or a committee, to work with the various departments and the Town Board to review and revise, I would like to work with you and I would like to work with you on the design of that committee. I have some notes and suggestions. You can get back to me if you wish. SUPERVISOR RUSSELL: Okay. Thank you very much, Benja. Would anybody else like to address the Town Board on any issue? COUNCILMAN KRUPSKI: I would like to just make a comment on some of the comments we got tonight. On some of the comments relating to the Suffolk County Health Department and ground water contamination, there has been in the recent past a lot of finger pointing towards agriculture being the source of contamination to ground water. Mrs. McAdam, you have the Forge River study and agriculture, of course, the finger was pointed directly at agriculture and the study refuted that in the end and showed that it was not agriculture that polluted the Forge River. It, there is a, you know, there is a balance out here between, you know, you can have farms or you can say the ground water is no good and then you can promote development because there would be no farmers left and that is, unfortunately the agenda of some people. That if you get rid of the farmers it is a lot easier to develop because no one is going to be using the land then. The problem that people don’t realize is that a lot of the pollution that took place and a lot of the contamination and some of it was from agriculture, was done under past practices, years ago. Sometimes generations ago. And as Mr. Schwartz said, some of those chemicals are, last long in the soil and they last long in the ground water and they don’t break down into harmless substances. However, the local farmers now are licensed by New York State DEC, they are highly regulated through the, from the federal government through the New York State DEC and are very careful and after all, because the local farmers live on their farms so they are trying to protect themselves as well as their neighbors and the problem you are going to get as more people try to point the finger at agriculture and blame, you know, all the ground water woes on it, is when you go to the store and you see all that food coming in from China and other places, South America, over seas, you are going to have this, as people work to eliminate agriculture in this country, not only in this town, but in this country, you are going to have the same problem you have now. We have troops protecting oil fields around the world, you are going to have troops protecting grain and soy bean fields around the world. That is what you are going to get into if we continue to target agriculture for everything. So, people should be aware of that. And one more thing, tonight we acted on 15 different committees, we appointed a few new members and we reappointed the majority of the existing members, they are staggered terms March 24, 2009 Page 58 Minutes Southold Town Board Meeting and I would just like to thank all those people. I serve as liaison to a few of those committees, we all split up the different committee assignments and serve as liaison to the Town Board. Those people really serve the Town well. This Town has a wealth of people who have just an unbelievable amount to give, for free, to their community on all those different committees and we are very fortunate to live here and have people willing to volunteer their time for the betterment of all of us. So I just wanted to thank those people. SUPERVISOR RUSSELL: I would just quickly say that I agree with all the concerns we have got on ground water and we can identify all the sources. There are probably 50 different threats. Some might be past practices with agriculture, some might be high density development in Cutchogue. We are trying to mitigate those one at a time. We are certainly concerned with the threat that might be posed in Cutchogue and we plan on incorporating that as part of our pos dec with SEQRA. We are working with Cornell Cooperative, who are working with local farmers and changing practices in terms of agriculture. You are already seeing that every year, you are seeing the results of that. So I don’t think there is a silver bullet here to solve our groundwater issue, it is just to be diligent and make sure that all those different threats get addressed at each and every interval on the part of the Town, so. Would anyone…. MR. SCHWARTZ: Pardon me but I just, one response, Scott. I would love to believe you, I really would. I wish I could. I really would like to be just happy and you know, everything is fine but you know, you are amending the water map again and you spoke at the work session about some standards for amending the water map, that the Planning Board developed. I tried to find them today. I didn’t find very much and the question that Nancy or the questions that Nancy asked as to when the decision, the Town Board decision would be made whether to extend the water map to include the Heritage, whether that would be made at the beginning of the subdivision application, of the site plan or subdivision, which is really kind of too late for that already, so it looks like it is going to be made at the end of the process which doesn’t really make sense to plan, you know, then you end up with something like the Cliffside which the owners only own on a partial basis, they are not allowed to use it all year because there is not enough water. So, you know… SUPERVISOR RUSSELL: You know, Benja, I agree with, there was a process problem with town government. We would process these subdivisions, (inaudible) the applications, long before the Town Board ever weigh in on its willingness to amend a water map. There are some of those applications that are still, they were presented before we got here. We changed that process, now when people want to apply for a change of zone or a subdivision, we bring them in now, evaluate them based on those policies and those procedures. In other words, what is the basis for us, our willingness to amend the water map? That wasn’t weighed early on in the process. We actually found ourselves last year with an application to amend the water map on a subdivision that was processed in Greenport and everything was done but for water. And people like myself and Albert sat back and said, you know, we don’t want to be in this position. We need to tell these people at the entrance, look, this is the criteria under which we are willing to amend a water map. You have to remember, the Heritage came in several years ago. I can’t answer as to when the Town is going to be willing to amend the water map, if they ever will be willing to. That will be a subject for a new day. The idea with that policy now is to measure that March 24, 2009 Page 59 Minutes Southold Town Board Meeting against the application at the beginning of the process. In other words, don’t go through this process unless you can meet these criteria. I have to tell you that subdivision in Southold was a substantial amount of open space, only four building lots, one of which is already improved with a house and about one and a quarter acres of drainage which is desperately needed in that area. There is a lot of public benefit that we were able to extract from that application. MR. SCHWARTZ: The (inaudible) subdivision? SUPERVISOR RUSSELL: That is right. MR. SCHWARTZ: But um, you know, we need to go forward but we also need to look at what happened in the past. We can’t go back to the time when the water map was created, which is when these standards and criteria and procedures should have been identified and developed… SUPERVISOR RUSSELL: I agree. MR. SCHWARTZ: And stated expressly in a document. But we can, you, have the power to do that now. It still is not been anything put in writing to support the Board making decisions on an ongoing basis and with all due respect, any decision this Board makes will be suspect and susceptible to challenge, legal challenge, due to the lack of those standards and lack of the expression of those standards and criteria. SUPERVISOR RUSSELL: I agree, Benja. And we should perhaps adopt the policies at resolution stage. I agree, Benja. Would anybody else like to address the Town Board? (No response) 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 8:48 P.M. * * * * * Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell