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HomeMy WebLinkAboutTB-05/05/2009 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 May 5, 2009 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, May 5, 2009 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 4:30 PM with the Pledge of Allegiance to the Flag. Call to Order 4:30 PM Meeting called to order on May 5, 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 Assistant Town Attorney Present I. Reports 1. NFAWL Financial Statements December 31, 2008 2. Justice Evans March 2009 3. Budget Report Month ended March 31, 2009 4. Peconic Bay Community Preservation Fund Financial Statement for year ended December 31, 2008 May 5, 2009 Page 2 Minutes Southold Town Board Meeting II. Public Notices 1. Application to Army Corps of Engineers Peter Cosola, Corey Creek, Southold - install 4 2-pile mooring dolphins at end of existing dock. Comments accepted through May 14, 2009 2. NYS Liquor License Renewal Shady Lady Restaurant Corp., 305 North Rd., Greenport 3. NY Metropolitan Transportation Council Coordinated Public Transit-Human Service plan "Connecting Communities through Coordination". Comment period for the Draft Report is May 4 - June 3 Public Meeting - May 14 3-5pm and 6-8pm at H L Dennison Bldg., 100 Veterans Highway, Media Room, Hauppauge. III. Communications IV. Discussion 1. 9:00 A.M. - Mark Terry, John Sepenoski LWRP Year End Review 2. 9:30 A.M. - Jim McMahon, Ken Reeves YES (Youth Environmental Stewardship) Program 3. 10:00 A.M. - Mike Verity New hiring in Building Department 4. 10:30 A.M. - Peter Harris Escalation clause for asphalt bids 5. Jusitce Court Intern 6. Lunch 7. Police Advisory Committee Goals, mission Statement, review 8. Bombara Hearing to be re-opened June 2nd at 9:00 a.m. and republished 9. SEQRA Documents May 5, 2009 Page 3 Minutes Southold Town Board Meeting Estate of Grigonis/Water Map Amendment 10. Special Events 11. Signs per Councilman Krupski 12. Convenience Stores 13. Public Informational Meeting re: Noise Ordinance 14. Public Informational Meeting re: Docks 15. Proposed Change to Local Law re: Yard Sales 16. US Dept of Energy Energy Efficiency and Conservation Block grants - Supervisor Russell 17. MetroPCS Site Lease Agreement 18. TDR Findings Statement 19. Set Interviews for CAC 20. Ethics Board Appointments 21. 12:00 Noon - EXECUTIVE SESSION - Melissa Spiro Potential Property Acquisition and offer 22. 12:30 P.M. - EXECUTIVE SESSION - John Cushman, Heather Lanza Employment History/status/issues of particular persons - Planning department - 12:30 p.m. - ZBA office 23. Executive Session Plum Island Opening Statements Supervisor Scott Russell May 5, 2009 Page 4 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Please rise and join me in the Pledge of Allegiance. Would anybody like to come up and address the Town Board on any of the items as they appear on the agenda? Ken Revino, NFEC KEN RUBINO: Good evening. Ken Rubino, North Fork Environmental Council. We have a resolution on for a bike event to be held in August. I just want to let you folks know we are here, ready to answer any questions you may have. SUPERVISOR RUSSELL: Okay. Thank you very much. MR. RUBINO: Thank you. Supervisor Russell SUPERVISOR RUSSELL: Would anyone else like to come up and address the Town Board on any of the agenda items? (No response) Hearing none, let’s move forward. Minutes Approval RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, April 21, 2009 ? Vote Record - Acceptance of Minutes for April 21, 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 2009-335 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit 5/5/09 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby May 5, 2009. May 5, 2009 Page 5 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2009-335 ? 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 Comment regarding resolution 335 COUNCILMAN RULAND: Mr. Supervisor, I need to recuse myself on that item because there is a conflict of interest between one of the vendors and myself. 2009-346 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Meeting 5/19/09 4:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, May 19, 2009 at the Southold Town Hall, Southold, New York at 4:30 P. M.. ? Vote Record - Resolution RES-2009-346 ? 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 Voter ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded Comment regarding resolution 346 JUSTICE EVANS: I think this is supposed to be 7:30 PM TOWN CLERK NEVILLE: Yes, it should be. We will make that change. Editing note: Meeting at 4:30 PM due to Grievance Day. 2009-310 Tabled 4/21/2009 7:30 PM CATEGORY: Bid Acceptance May 5, 2009 Page 6 Minutes Southold Town Board Meeting DEPARTMENT: Police Dept Accept Bid Asset #3383 RESOLVEDaccepts the bid of Friends that the Town Board of the Town of Southold hereby Auto Sales of Illinois for the 2006 Ford Crown Victoria, Asset #3383, in the amount of $2,289.00 , all in accordance with the Town Attorney’s office. ? Vote Record - Resolution RES-2009-310 ? 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 2009-324 Tabled 4/21/2009 7:30 PM CATEGORY: Equipment DEPARTMENT: Public Works DPW - Field Groomer RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for the purchase of a Field Groomer for the Department of Public Works. ? Vote Record - Resolution RES-2009-324 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-333 Tabled 4/21/2009 7:30 PM CATEGORY: Retirement/Resignation DEPARTMENT: Accounting Resignation Theresa Van Etten May 5, 2009 Page 7 Minutes Southold Town Board Meeting RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby Theresa Van Etten from the position of Account Clerk in the Building Department , effective May 29, 2009. ? Vote Record - Resolution RES-2009-333 ? 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 2009-347 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Attend Seminar - Police - Hudock RESOLVED grants permission to Police that the Town Board of the Town of Southold hereby Officer Thomas Hudock to attend the State of New York Juvenile Officers Association Quarterly meeting commencing on Thursday, June 4 through Friday, June 5, 2009 in Lake George, New York. All expenses for travel and miscellaneous expenses to be a legal charge to the 2009 Juvenile Aid Budget line - A.3157.4.600.200. Travel to be by Department vehicle. ? Vote Record - Resolution RES-2009-347 ? 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 2009-348 CATEGORY: Advertise DEPARTMENT: Police Dept Authorize Town Clerk to Advertise - Property Bureau, Inc. RESOLVED authorizes and directs the that the Town Board of the Town of Southold hereby May 5, 2009 Page 8 Minutes Southold Town Board Meeting Town Clerk to advertise that the Police Department will have surplus property available for bid at www.PropertyRoom.com <http://www.PropertyRoom.com> (an online auction site) for the period commencing April 1, 2009 through April 1, 2011 in the local newspaper for two (2) consecutive weeks. ? Vote Record - Resolution RES-2009-348 ? 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 2009-349 CATEGORY: Committee Resignation DEPARTMENT: Town Clerk Accept the Resignation of Margaret Minichine from the Orient Hamlet Stakeholders RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby Margaret Minichine from the Orient Hamlet Stakeholders , effective June 30, 2009. ? Vote Record - Resolution RES-2009-349 ? 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 2009-350 CATEGORY: Misc. Public Hearing DEPARTMENT: Town Attorney Set June 2, 2009 at 9:00 AM in the Town Meeting Hall to Reopen the Public Hearing on the Coastal Erosion Hazard Board of Review Appeal of Robert G. Bombara RESOLVEDsets June 2, 2009 at 9:00 AM in that the Town Board of the Town of Southold the Town Meeting Hall, 53095 Main Road, Southold, New York 11971, as the time and reopen place to the public hearing on the Coastal Erosion Hazard Board of Review Appeal May 5, 2009 Page 9 Minutes Southold Town Board Meeting of Robert G. Bombara, relating to a proposed new single-family dwelling, garage and swimming pool proposed to be located at 1725 North Sea Drive, Southold, SCTM #1000-54- 4-19 , and directs the Town Clerk to publish notice of such appeal in The Suffolk Times not less than ten (10) days nor more than thirty (30) days prior to such hearing and to notify the applicant by first class mail. ? Vote Record - Resolution RES-2009-350 ? 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 2009-351 CATEGORY: Organizational DEPARTMENT: Town Attorney Special ADA Designation/Jennifer Andaloro RESOLVEDrequests Suffolk County that the Town Board of the Town of Southold hereby District Attorney Thomas Spota to designate Southold Assistant Town Attorney, Jennifer Andaloro, as Special Assistant District Attorney , for the purpose of prosecuting violations of the Code and Ordinances of the Town of Southold, to serve at the pleasure of the Town Board. ? Vote Record - Resolution RES-2009-351 ? 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 2009-352 CATEGORY: Advertise DEPARTMENT: Human Resource Center Advertise for P/T MiniBus Driver RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby May 5, 2009 Page 10 Minutes Southold Town Board Meeting Town Clerk to advertise for the position of part-time Mini Bus Driver at the Human Resource Center at 17.5 hours per week at $15.66 per hour , CDL license required ? Vote Record - Resolution RES-2009-352 ? 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 2009-353 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the North Fork Environmental Council to Hold Its “Bike What’s Left” Event, on Saturday, August 15, 2009 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby North Fork Environmental Council to hold its “Bike What’s Left” event, on Saturday, August 15, 2009 (rain date Sunday, August 16) from 11:00 AM to 1:00 PM , provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. There is no police expenses associated with this event. The route will begin at the Mattituck train station parking lot, go up Pike Street to Wickham Avenue to Mill Lane on to Oregon Road, down to Depot lane, to Main Road, right on Main Road to New Suffolk Road to New Suffolk Avenue, back to the Main Road to the NFEC office. ? Vote Record - Resolution RES-2009-353 ? 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 May 5, 2009 Page 11 Minutes Southold Town Board Meeting 2009-354 CATEGORY: Attend Seminar DEPARTMENT: Human Resource Center Grant Permission to Karen McLaughlin, Town Director of Human Services to Attend and be a Guest Speaker on a Community Approach to Integrating Behavior Health in Older Adults at the 3Rd Annual Geriatric Mental Health Alliance of New York Conference at the Marriott New York in Brooklyn on May 15, 2009 Fiscal Impact: No overtime will apply and use of Town vehicle is not required. RESOLVEDgrants permission to Karen McLaughlin, that the Town Board of the Town of Southold Town Director of Human Services to attend and be a guest speaker on A Community Approach to rd Integrating Behavior Health in Older Adults at the 3 Annual Geriatric Mental Health Alliance of New York Conference at the Marriott New York in Brooklyn on May 15, 2009 . There will be no expenses or charges to the town resulting from her attendance at the conference. ? Vote Record - Resolution RES-2009-354 ? 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 2009-355 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire Three Pumpout Boat Operators RESOLVEDappoints David Comando, that the Town Board of the Town of Southold hereby Matthew Quinn and William C. Fisher, each to the seasonal position of Pumpout Boat Operator for the Trustees, effective May 22, 2009 through October 12, 2009, at a rate of $14.00 per hour. May 5, 2009 Page 12 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2009-355 ? 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 2009-356 CATEGORY: Employment - Town DEPARTMENT: Accounting Resignation of Mini-Bus Driver RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby Daniel E. Cleary from the position of Mini-bus Driver in the Department of Human Services , effective May 15, 2009. ? Vote Record - Resolution RES-2009-356 ? 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 Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-357 CATEGORY: Employment - Town DEPARTMENT: Accounting Retirement of Police Sergeant Raymond Van Etten RESOLVEDacknowledges the that the Town Board of the Town of Southold hereby retirement of Raymond E. Van Etten from the position of Sergeant in the Town of Southold Police Department , effective May 28, 2009. May 5, 2009 Page 13 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2009-357 ? 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 2009-358 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Town Attorney RESOLVEDappoints Martin Finnegan that the Town Board of the Town of Southold hereby to the position of Town Attorney, effective June 1, 2009, at a rate of $106,862.50 per annum, he to hold such office until the first day of January next succeeding the first biennial town election. ? Vote Record - Resolution RES-2009-358 ? 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 Comments regarding resolution 358 COUNCILMAN WICKHAM: Can we have a roll call vote on this, please? Yes, I vote for this but I regret that I was unable to get the rest of the Board to agree to an open advertisement and have him be considered along with other applicants. But I believe, I am voting for him because I believe he has the capacity and the interest of the Town, I just wish that we could have done it through an open advertising for the position. SUPERVISOR RUSSELL: I vote for him in the strongest of terms, I think he is going to be an excellent attorney. I had actually asked the Board, when Mr. Finnegan came and talked to me, I went right back to the Town Board and said we have an opportunity here to talk to Marty about his prospect of working for this Town. Of course, Martin is gainfully employed as a partner in another law firm, so he just wants to feel us out, sit down and talk to the Board. Everybody agreed to that. Councilman Wickham was there, agreed to it. We discussed at the time whether he would be a good fit or whether we would need to go out again and Mr. Wickham, at that May 5, 2009 Page 14 Minutes Southold Town Board Meeting meeting, expressed absolute, unequivocal support for Mr. Finnegan. I think tonight is nothing more than just a typical less than sincere political speech. COUNCILMAN WICKHAM: I must respond to that. I am voting for him because I believe he is a good candidate. From the very beginning, I have asked the Board repeatedly to advertise for this position openly. Period. Let’s go on. 2009-359 CATEGORY: Attend Seminar DEPARTMENT: Data Processing LI/NYC Emergency Management Conference 2009 Fiscal Impact: Annual LI/NYC Emergency Management Conference. The focus this year will be on the current status of emergency management planning, preparing and readiness to react and respond. RESOLVED grants permission to Chief that the Town Board of the Town of Southold hereby Cochran, Capt. Flatley, Lt. Sawicki, Peter Harris and Lloyd Reisenberg to attend a seminar from May 27 to May 28 in Huntington NY , 2009. All expenses for registration, travel and lodging (if necessary) to be a legal charge to the 2009 Emergency Management budget (meetings and seminars). ? Vote Record - Resolution RES-2009-359 ? 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 2009-360 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Orient FD Memorial Day Parade RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Orient Fire Department to use the following route for its Annual Memorial Day Parade in Orient on Monday, May 25, 2009 beginning at 7:30 AM: begin at the Firehouse and take May 5, 2009 Page 15 Minutes Southold Town Board Meeting Tabor Road to Orchard Street to Navy Street to Village Lane to Main Road and back to the Firehouse, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2009-360 ? 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 2009-361 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Communications Site Lease Agreement Between the Town of Southold and MetroPCS New York, LLC RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Communications Site Lease Agreement between the Town of Southold and MetroPCS New York, LLC , regarding a cell tower site located at the Town of Southold Police Department, for a term of 60 months, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-361 ? 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 Comments regarding resolution 361 COUNCILMAN ORLANDO: This is a new customer, putting up a new antenna on this site, so it will be creating additional revenue for the Town. May 5, 2009 Page 16 Minutes Southold Town Board Meeting 2009-362 CATEGORY: Budget Modification DEPARTMENT: Town Attorney TA Budget Modification Fiscal Impact: for the purpose of covering sick, vacation and overtime earnings paid out for separated employees and to cover a student intern from the Supervisor’s Office that assisted the Town Attorney’s Office in January 2009 RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby Whole Town 2009 budget as follows: TO: A.1420.1.100.200 Town Attorney, Overtime Earnings $ 1,672.00 A.1420.1.100.300 Town Attorney, Vacation Earnings $ 6,900.00 A.1420.1.100.400 Town Attorney, Sick Earnings $17,249.00 A.1220.1.300.100 Supervisor, Seasonal Employees, $ 425.00 Regular Earnings TOTALS: $26,246.00 FROM: A.1420.1.100.100 Town Attorney, Regular Earnings $26,246.00 TOTALS: $26,246.00 ? Vote Record - Resolution RES-2009-362 ? 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 2009-363 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept Bid Dump Body/Spreader May 5, 2009 Page 17 Minutes Southold Town Board Meeting RESOLVED accepts the bid of Trius that the Town Board of the Town of Southold hereby Inc., located at 458 Johnson Avenue, P.O. Box 158, Bohemia, NY, for the purchase of One (1) New Swenson Model APB Combination Dump Body/Material Spreader (10’/7.7 Cubic Yd. capacity), for use by the Highway Department, in the amount of $12,000.00, all in accordance with the Town Attorney. ? Vote Record - Resolution RES-2009-363 ? 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 2009-364 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire Pumpout Boat Operators for Fishers Island Waters RESOLVEDappoints Michael Conroy that the Town Board of the Town of Southold hereby and George E. Peabody Jr., each to the seasonal position of Pumpout Boat Operator for the Trustees in waters around Fishers Island, effective May 6, 2009 through October 12, 2009, at a rate of $14.00 per hour. ? Vote Record - Resolution RES-2009-364 ? 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 Comments regarding resolution 364 JUSTICE EVANS: Can I also make a move to amend the previous resolution, 364, because I know that the pump out boat operators are going to work getting the boat ready to put in and they would like to begin that as soon as possible. So can we make their effective date earlier? Because they are doing the work on the boat to get it water ready. May 5, 2009 Page 18 Minutes Southold Town Board Meeting COUNCILMAN KRUPSKI: What date did you have in mind? JUSTICE EVANS: To make it effective as of tomorrow. COUNCILMAN KRUPSKI: Tomorrow. COUNCILMAN ORLANDO: Because they want to be in by Memorial Day. JUSTICE EVANS: Yeah. And they are doing the work, it is not contractors. COUNCILMAN WICKHAM: It is okay with me. JUSTICE EVANS: So I…. COUNCILMAN ORLANDO: So May 6? COUNCILMAN KRUPSKI: The Trustees manage that, so I would assume it would be okay with them. JUSTICE EVANS: Well, Dave Bergen knows they are supposed to be, he agreed for them to work on the boat. COUNCILMAN KRUPSKI: Okay. JUSTICE EVANS: It is cheaper than sending it out. But they need to get started on it. COUNCILMAN KRUPSKI: Okay. Sure. SUPERVISOR RUSSELL: Okay, so what we are going to do is revisit 364, with an amendment, May 6. 2009-365 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Amendment of Agreement Between the Suffolk County Office for the Aging and the Town of Southold for the IIIC Nutrition Programs RESOLVED authorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Amendment of Agreement between the Suffolk County Office for the Aging and the Town of Southold for the IIIC Nutrition Programs , for May 5, 2009 Page 19 Minutes Southold Town Board Meeting the period January 1, 2007 through December 31, 2009, for congregate and home delivered meals for the elderly, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-365 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded Comments regarding resolution 365 COUNCILMAN RULAND: I so move, with the question. Are the dates correct? COUNCILMAN ORLANDO: Two years. Yeah, from ’07. It is probably from ’08. TOWN CLERK NEVILLE: I assume, I don’t… SUPERVISOR RUSSELL: I believe that is resolution for outstanding contract issues from last year. TOWN CLERK NEVILLE: I will check that. SUPERVISOR RUSSELL: I would be inclined to approve it. COUNCILMAN WICKHAM: Me, too. JUSTICE EVANS: Can I also… COUNCILMAN RULAND: I haven’t moved the resolution yet. SUPERVISOR RUSSELL: Oh, I am sorry. Sorry, Bill. COUNCILMAN RULAND: What I would say then is, I would be glad to move the resolution subject to the clarification of the dates. SUPERVISOR RUSSELL: Very good. 2009-366 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney May 5, 2009 Page 20 Minutes Southold Town Board Meeting Authorizes and Directs Supervisor Scott A. Russell to Execute the Manufacturer’s Agreement Between the Town of Southold and Musco Sports Lighting, LLC Regarding the Installation of Musco’s Light Structure Green System and the Reconfiguration of Some Existing Musco System Lights RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Manufacturer’s Agreement between the Town of Southold and Musco Sports Lighting, LLC regarding the installation of Musco’s Light Structure Green System and the reconfiguration of some existing Musco system lights at the softball/baseball field on Peconic Lane, at a total cost of $39,000, subject to the approval of the Town Attorney and the approval of the Planning Board for compliance with “dark skies”requirement. ? Vote Record - Resolution RES-2009-366 ? 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 Comments regarding resolution 366 COUNCILMAN KRUPSKI: I hope that these lights are shielded and screened so that they don’t light up all of Peconic and half of east Cutchogue. SUPERVISOR RUSSELL: I would also ask, since you brought that up, to have the Department of Public Works forward that over to the Planning Board to make sure that it is dark skies compliant. COUNCILMAN KRUPSKI: Good idea. COUNCILMAN ORLANDO: They should be. They are just, I think adding only one more tower with I think four lights. In addition to what is there. COUNCILMAN KRUPSKI: Maybe they might be able to make some correction while they are there. COUNCILMAN ORLANDO: They could. It is a green system. SUPERVISOR RUSSELL: While they are on the field, they might as well see to it. Okay. May 5, 2009 Page 21 Minutes Southold Town Board Meeting 2009-367 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Recreation Hire Spring 2009 Computer Instruction Recreation RESOLVEDauthorizes and directs Supervisor that the Town Board of the Town of Southold Scott A. Russell to execute an agreement with the following individual for the Spring 2009 Recreation Programs, all in accordance with the approval of the Town Attorney. Funding for the instructors listed below has been budgeted for in the Recreation Department's 2009 instructor line A7020.4.500.420. Kendra Wadlington (beginner computer)................................... $30/hour ? Vote Record - Resolution RES-2009-367 ? 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 2009-368 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Tax Receiver RESOLVEDmodifies the 2009 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.1330.1.300.100 Tax Collection, P.S. Seasonal Employees, Regular Earnings $190.00 To: A.1330.1.300.200 Tax Collection, P.S. Seasonal Employees, Overtime Earnings $190.00 May 5, 2009 Page 22 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2009-368 ? 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 2009-369 CATEGORY: Authorize to Bid DEPARTMENT: Highway Department Authorize and Directs the Town Clerk to Advertise for Various Road Treatment Bids for the Calendar Year 2008 RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for various road treatment bids for the calendar year 2009 . ? Vote Record - Resolution RES-2009-369 ? 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 2009-370 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Supervisor Energy Services Program Agreement RESOLVED authorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Energy Services Program agreement between the Power Authority of the State of New York and the Town of Southold to reduce energy costs and/or to realize significant environmental benefits, subject to approval of the Town Attorney. May 5, 2009 Page 23 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2009-370 ? 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 2009-371 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint Cathy Sleckman and William Grigonis to the Ethics Board RESOLVEDappoints the following that the Town Board of the Town of Southold hereby members to the Ethics Board, effective immediately: Cathy Sleckman, term to expire March 31, 2011 and William Grigonis, term to expire March 31, 2014 . ? Vote Record - Resolution RES-2009-371 ? 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 2009-372 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk Authorize Town Clerk Elizabeth Neville and Records Management Assistant Stacey Norklun, to Attend the New York State Archives Workshop, Entitled “Developing Records Management Policies & Procedures” RESOLVEDTown Clerk that the Town Board of the Town of Southold hereby authorizes Elizabeth Neville and Records Management Assistant Stacey Norklun, to attend the New York State Archives Workshop, entitled “Developing Records Management Policies & Procedures”, at Hauppauge, New York, on Wednesday, May 6, 2009 , at no cost to the town. May 5, 2009 Page 24 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2009-372 ? 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 2009-373 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk LL Yard Sales 6/2 4:40 Pm WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in relation County, New York, on the 5 day of May, 2009, a Local Law entitled to Yard Sales” 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 York, on the nd 2 day of June, 2009 at 4:40 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Yard Sales” The proposed Local Law entitled, reads as follows: LOCAL LAW NO. 2009 “A Local Law in relation to Yard Sales” A Local Law entitled, . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - The purpose of this local law is to allow for one additional yard sale per annum, not to exceed two per lot in a calendar year. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-13. Use Regulations. C. Accessory uses, limited to the following uses and subject to the conditions May 5, 2009 Page 25 Minutes Southold Town Board Meeting listed in §280-15 herein: (9) Yard sales, attic sales, garage sales, auction sales or similar types of sales of personal property owned by the occupant of the premises and located thereon, subject to the following requirements: (a) Not more than one two such sales shall be conducted on any lot in any one calendar year. (b) Adequate supervised parking facilities shall be provided. (c) No signs, except one on-premises sign not larger than six square feet in size displayed for a period of not longer than one week immediately prior to the day of such sale, shall be permitted. (d) A permit shall be obtained therefor from the Town Clerk upon the payment of a fee of $15. [Amended 8-24-1993 by L.L. No. 18-1993] (e) The display permit issued by the Town Clerk shall be posted on the premises so it can be read from the street and removed before sundown on the day of the sale. [Added 8-24-1993 by L.L. No. 18- 1993] 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-2009-373 ? 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 Voter ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded Comments regarding resolution 373 May 5, 2009 Page 26 Minutes Southold Town Board Meeting JUSTICE EVANS: And what this is doing, it is the same law we have had with regard to yard sales except that we are now saying you can have two per year as opposed to one per year. COUNCILMAN ORLANDO: So you can clean out the attic as well as the garage. 2009-374 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Memorandum of Understanding Between the Town of Southold and RSVP (Retired Senior Volunteer Program) RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Memorandum of Understanding between the Town of Southold and RSVP (Retired Senior Volunteer Program) regarding the Human Resource Center working with RSVP as a volunteer station providing various services to homebound senior citizens, at no cost to the Town, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-374 ? 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 2009-375 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney LL Special Events 6/2/09 4:45 Pm WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in relation County, New York, on the 5 day of May, 2009, a Local Law entitled to Special Events” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the May 5, 2009 Page 27 Minutes Southold Town Board Meeting aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the nd 2day of June, 2009 at 4:45 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Special Events” The proposed Local Law entitled, reads as follows: LOCAL LAW NO. 2009 “A Local Law in relation to Special Events” A Local Law entitled, . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - Organized events that attract a large number of people, if not regulated by the Town can adversely affect the well-being of Town residents. Due to the increase in the number of events, additional regulations are required for special events that utilize Town amenities, resources and property. Experience has shown the need for procedures whereby the Town can be informed of such special events and can regulate them or prohibit those special events and can regulate safety, health and/or the public welfare. II. Chapter 205 of the Code of the Town of Southold is hereby amended as follows: § 205-1. Certain entertainment restricted; permit required . A. To preserve public peace and good order and to prevent tumultuous assemblages, the following special events shall be prohibited in the Town of Southold, unless a permit is obtained in accordance with the requirements set forth below: all public outdoor shows and entertainment, including but not limited to bazaars, fairs, carnivals and circuses, are prohibited in the Town of Southold (1) All events or activities occurring on public property, having more than 50 persons in attendance, open to the public, conducted outdoors, with or without an admission or invitation fee, a sponsorship, or requested donation and held on a one-time or occasional basis, including but not limited to carnivals, circuses, fairs, bazaars, outdoor shows, parades, walks, runs, marathons or bicycle races are prohibited in the Town of Southold, unless a permit is obtained in accordance with the requirements set forth below. (2) Outdoor events at a winery, for profit, at which the expected attendance exceeds the maximum occupancy of the public area of the building. May 5, 2009 Page 28 Minutes Southold Town Board Meeting B. Nothing herein or in the foregoing shall apply to bazaars, fairs, carnivals and circuses and other public outdoor shows and entertainments that are approved, in writing, by the Town Clerk and held in the Town under the sole management and for the profit of local fraternal, charitable or religious organizations. B. Application for events on or utilizing public property: (1) All applications for a special events permit shall be made to the Town Board of the Town of Southold at least 60 days prior to the proposed date of the event and filed with the Town Clerk, together with a fee of $100; $250.00 clean-up deposit fee; and a Certificate of Insurance not less than $1,000,000.00 naming the Town of Southold as an additional insured during the time of the event. (2) Where the Town Board determines that there is no specific Town benefit from the event or that the event is conducted for profit, a deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police and highway costs associated with the event. After the event, the deposit will be used to cover such costs. (3) Upon filing an application for a special event on public property, the applicant shall send written notice to every property owner abutting or adjacent to the public property, as shown on the current Town of Southold assessment roll, and directly opposite (by extension of the lot lines through a street or right-of-way) of the public property that is the subject of the application. For applications for a special events permit for a parade, walk, run, marathon, bicycle race, or similar events, notice shall be given to property owners abutting or adjacent to the location of the commencement of the event and to all property owners abutting or adjacent to the location of the terminus of the event. The Town Board may require additional notice, including but not limited to publication and signage, based upon the circumstances involved in each application, as necessary. Said notice shall include the date, time and location of the proposed special event. (4) Notwithstanding the foregoing, the Town Board shall have the discretion to waive any application requirement set forth in §205-1B(1)-(3) above. C. All applications to the Town Clerk for permits shall be in writing and shall supply the name and address of the organization and its officers making such application and the nature of the affair, that the same is for charitable purposes, the length of time contemplated and the exact location where the same is to be conducted. C. Town Board Review Criteria: May 5, 2009 Page 29 Minutes Southold Town Board Meeting In determining whether to issue a special events permit on an application for an event on or utilizing public property, the Town Board of the Town of Southold shall consider the following: (1) The size of the premises in relation to the number of people attending the event; (2) The sufficiency of arrangements made to control traffic, parking, noise, lighting and refuse; (3) The frequency of events proposed or approved for the premises and whether the frequency is so great that the events constitute a persistent usage of the property incompatible with its character or with that of the surrounding area; (4) Conflicts with ordinary public use of the land or facilities involved; (5) Whether the applicant has been convicted for failure to comply with the terms of this chapter within the past three years; and (6) Special events are strongly discouraged at Town beaches and parks from the Friday before the observance of Memorial Day until Labor Day. D. Applications for tents under this Chapter must be submitted to the Building Department. [Amended 1-16-2007 by L.L. No. 3-2007] E. If a winery holds an outdoor event, for profit, at which the expected attendance exceeds the maximum occupancy of the public area of the building, the winery must obtain approval from the Zoning Board of Appeals. An application shall be accompanied by a fifty-dollar fee. In granting such approval, the following factors must be considered: (1) All parking must be off street and traffic control must be provided by the winery. (2) Adequate sanitary facilities must be provided. (3) All food must be catered and prepared off site. (4) Events for 300 or more people require preparation of a traffic control plan. F. All other public activities which are not a permitted use under the Southold Town Code shall require the approval of the Zoning Board of Appeals. May 5, 2009 Page 30 Minutes Southold Town Board Meeting G.Penalties for Offenses. An offense against the provisions of this Chapter shall constitute a violation of this Chapter and shall be punishable by a fine of not more than $2,500. 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-2009-375 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Voter ?? 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 2009-376 CATEGORY: Seqra DEPARTMENT: Town Attorney Town Board Accepts and Adopts the TDR SEQRA Findings Statement TOWN BOARD OF THE TOWN OF SOUTHOLD SEQRA RESOLUTION May 5, 2009 NOTICE OF ACCEPTANCE OF THE FINDINGS STATEMENT FOR THE TOWN OF SOUTHOLD TRANSFER OF DEVELOPMENT RIGHTS (TDR) PROGRAM WHEREAS , the Town Board of the Town of Southold (the “Board”) commissioned and received a study entitled the “Transfer of Development Rights (TDR) Planning Report to the Town Board”; and WHEREAS , the Board determined that the Program outlined in the study warranted the preparation of a Draft Generic Environmental Impact Statement (“DGEIS”) and issued a Positive May 5, 2009 Page 31 Minutes Southold Town Board Meeting Declaration requiring the preparation of said document; and WHEREAS , the DSGEIS was submitted to the lead agency (the Southold Town Board, the agency having discretionary jurisdiction over the proposed action) and was accepted by that agency as complete for public review and comment on April 22, 2008; and WHEREAS , a public hearing on the DSGEIS was conducted on May 27, 2008; and WHEREAS , a Final SGEIS was prepared to address the written comments on the DSGEIS received by the lead agency from other governmental agencies and the oral comments provided during the May 27, 2008 public hearing; and WHEREAS , the Board accepted the Final SGEIS by resolution dated May 5, 2009; WHEREAS , the Board has received and reviewed the SEQRA Findings Statement for the Transfer of Development Rights (TDR) Program and finds that the next procedural step under SEQRA is the acceptance and adoption of said document. NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold hereby accepts and adopts the SEQRA Findings Statement for the Town of Southold TDR Program; and be it further RESOLVED that the Town Board authorizes the Town Clerk of the Town of Southold to file the SEQRA Findings Statement for the Town of Southold TDR Program with the following parties: Town of Southold, Town Clerk Town of Southold, Supervisor’s Office Town of Southold, Planning Board Town of Southold, Town Trustees Town of Southold, Zoning Board of Appeals Suffolk County Dept. of Health Suffolk County Dept. of Public Works May 5, 2009 Page 32 Minutes Southold Town Board Meeting Suffolk County Planning Commission Services Suffolk County Water Authority NYS Dept. of State NYS Dept. of Transportation NYS Dept. of Environmental Conservation, Commissioner, Albany NYS Dept. of Environmental Conservation, Regional Office, Stony Brook Parties of Interest Officially on Record with the Town Clerk (if applicable) ? Vote Record - Resolution RES-2009-376 ? 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 Comments regarding resolution 376 COUNCILMAN KRUPSKI: That pretty much covers everybody, I think. Statement JUSTICE EVANS: Do we want to move on this memo from Bob Scott? SUPERVISOR RUSSELL: Secretary to the Board of Assessment Review. The third Tuesday in May, is when they will be meeting, so we will need to… COUNCILMAN RULAND: It doesn’t say how it is going to be funded. SUPERVISOR RUSSELL: Allocation of the budget each year, under the Board of Assessment Review budget. JUSTICE EVANS: Plus it is in there, isn’t it? SUPERVISOR RUSSELL: Yes. 2009-377 CATEGORY: Employment - Town DEPARTMENT: Assessors BOAR Secretary Appointment May 5, 2009 Page 33 Minutes Southold Town Board Meeting RESOLVEDAmanda that the Town Board of the Town of Southold hereby appoints th Nunemaker as the Secretary to the Board of Assessment Review from May 19 through st July 1 at a rate of $12.74 an hour . This would be in addition to the 17.5 hours a week she normally works. ? Vote Record - Resolution RES-2009-377 ? 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 Voter ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded Comment regarding resolution 377 COUNCILMAN WICKHAM: Was this discussed this morning? SUPERVISOR RUSSELL: No. It was just laying here on the, but I do know that they have to… COUNCILMAN WICKHAM: But they already have a secretary, don’t they? SUPERVISOR RUSSELL: Yeah. This is for the Board of Assessment Review, though. They work adjourned hours. They their own meetings, they hear the cases… COUNCILMAN WICKHAM: But traditionally we have a secretary for them, every year? SUPERVISOR RUSSELL: Yes, every year. COUNCILMAN ORLANDO: She is a town employee, just filling in for this peak moment. COUNCILMAN RULAND: But you said the funding is included in the budget? COUNCILMAN ORLANDO: Yes. It is. Closing Statements Supervisor Russell SUPERVISOR RUSSELL: Okay. That concludes the business. Would anyone like to come up and address the Town Board on any issue of mutual interest? Melanie. Melanie Norden, Greenport MELANIE NORDEN: Hi, Melanie Norden, Greenport. With respect to resolution 358, could you describe a bit more, in a bit more detail the terms and conditions of the hiring of Mr. May 5, 2009 Page 34 Minutes Southold Town Board Meeting Finnegan? COUNCILMAN WICKHAM: Terms and conditions of his employment? MS. NORDEN: Is this a full time position? SUPERVISOR RUSSELL: Yes. It is the full-time Town Attorney’s position that was, that became vacant upon the passing of Patricia Finnegan. MS. NORDEN: Right. And so he will not be working for the other firm then? SUPERVISOR RUSSELL: No. He will be working full-time for Southold Town. MS. NORDEN: Okay. Great. Thank you. COUNCILMAN ORLANDO: It is appointed term and it is up in January. Every year, it is an annual appointed term. MS. NORDEN: Right. And as a full-time position, you are not obligated to advertise this position? SUPERVISOR RUSSELL: No, we are not. We could but if the Town Board has an interest in a particular party, I think it would be unfortunate to have other people come in and that happens an awful lot in government, you go through this dog and pony show of advertising, let people come and interview something that you are not going to appoint them to. MS. NORDEN: No, I understand but I didn’t realize that you could waive such a procedure, I thought it was mandatory that all municipal employee positions be advertised. SUPERVISOR RUSSELL: It is an appointment of the Town Board. I don’t know why we would need to advertise. MS. NORDEN: Well, it is not an appointment necessarily, it is a hiring by the Town Board. I mean, just in the hiring issue not the appointment issue. COUNCILMAN RULAND: It is a political appointment. MS. NORDEN: The Town Attorney is a political appointment? COUNCILMAN RULAND: Yes because it is an appointment that expires. COUNCILMAN ORLANDO: Every year. COUNCILMAN RULAND: No, it is every other year. May 5, 2009 Page 35 Minutes Southold Town Board Meeting MS. NORDEN: But it is not an appointment that is elected by residents. So essentially it is not…. SUPERVISOR RUSSELL: He serves at the pleasure of this Board and he could be removed by any successive Board that comes along or by this Board if we are unhappy. MS. NORDEN: Right. But is that true of all town employees? SUPERVISOR RUSSELL: Not all, no. Some are civil service, some are exempt confidential employees with civil service protection, some are appointed: such as Planning Board, Zoning Board of Appeals who get appointed to fixed terms that can be revisited at any time the term is up. MS. NORDEN: But there is no obligation to advertise the position? SUPERVISOR RUSSELL: No. JUSTICE EVANS: It is like Planning Board and Zoning Board, we don’t have to advertise those either but we have chosen to in the past. MS. NORDEN: Thank you. Okay. With respect to resolution 373, this refers to the yard sales. One of the concerns that I have with the provision regarding signage is that currently there is virtually no enforcement that I can see regarding signage in the Town of Southold. And in fact, there is signs all over, probably 80% of the signs within the Town do not conform to the code. And I just recently Cimino’s in Greenport put a huge sign up indicating what its hours are and I have very rarely seen any enforcement of the size of signage. So I am just wondering how that is going to play out in this particular resolution and who is going to enforce yard sale signage? COUNCILMAN KRUPSKI: That is a, (inaudible) SUPERVISOR RUSSELL: That is an excellent point but we talked about that today. To suggest that signage isn’t being enforced is to not recognize how bad it was and how bad it keeps getting unless you pay regular attention to it. We have actually changed the code to make sign enforcement more enforceable. We had that discussion at the Town Board today with thee out of town organizations that are hitting signs up all over these telephone poles. Some are selling granite tiles, they code enforcement officer, the singular one that we have, was out pulling signs down himself. MS. NORDEN: Yeah, I understand that the temporary signs are easily pulled down but how about the more permanent signs, in front of every, so many businesses in the Town of Southold? I don’t want to compare where we are at by comparison to where we were… SUPERVISOR RUSSELL: Well, that…. MS. NORDEN: My question really addresses why we are not. May 5, 2009 Page 36 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: We are. We are. MS. NORDEN: Well, I don’t see… SUPERVISOR RUSSELL: We sent two code enforcement officers out, when we had two, and visited every business to get compliance, with all the signs that end up in front from the vendors and everything. We just talked again about that today, we have asked the Department of Public Works to get help in enforcement. Fifty three square miles and one code enforcement officer, we need many people participating in the process. And that is exactly what we talked about today, Jim McMahon was here on behalf of DPW who agreed to sign on to help us. It is an ongoing battle, there is no question about it. MS. NORDEN: Right. well, I just want to say, I just want to weigh in on the fact that I think you are losing it. Because I really do not see significant improvement. I do know that the Town Board hired a firm last year or the year before to address signage issues and make recommendations for these, you know, poles that we are going to have arrows every which way and what way and that we are going to look at the way that signs were aesthetically and in other ways by size conform to a code, I don’t know what happened to that consultant and that money. Do you have any update on that for me? SUPERVISOR RUSSELL: Yeah, that is part of a scenic byways initiative by the Transportation Commission. What they would be doing is not addressing signage as a general topic in this Town but specific signage highlighting our unique features and treasures such as lighthouses and things like that. MS. NORDEN: Okay. Right. So what is the status of that? SUPERVISOR RUSSELL: They have actually just gone into the second phase, I believe they have already contracted with the participant to start making the signage and kiosks as part of that plan. Neb Braschich, who chairs that committee, can probably give you an up-to-date prospect on when they expect delivery of the signs. MS. NORDEN: Right. but it just seems that investing in a consultant in a program like that without enforcing…. SUPERVISOR RUSSELL: Separate issues. MS. NORDEN: Excuse me? SUPERVISOR RUSSELL: They are very separate issues. The sign is the same but the tourist signage is different from just the regular proliferation of signs throughout the Town. They are separate issues. MS. NORDEN: No, I understand that. I read all of the recommendations of the consultant as a May 5, 2009 Page 37 Minutes Southold Town Board Meeting Greenport stakeholder. My concern is that to invest in conformity, aesthetic conformity and local conformity of tourist signage and at the same time to make very limited, if any, code enforcement efforts to… SUPERVISOR RUSSELL: We have made substantial code enforcement efforts. What we need, we have a long way to go, again, with one code enforcement officer and an unwillingness of other departments to step up, it becomes a difficult…. MS. NORDEN: I know, but Scott, who is responsible for that? That is a decision that the Board makes. That is a decision that you make to not have a formal code enforcer, it is a decision you have made not to expand… SUPERVISOR RUSSELL: We have a formal code enforcement officer. He is a formal code enforcement officer. MS. NORDEN: Damon? SUPERVISOR RUSSELL: Yes. MS. NORDEN: Okay. Well, I didn’t realize, I know that initially at the beginning of the year, he was going to take over the duties but not have the formal title. But in any case, that is a Board level decision. SUPERVISOR RUSSELL: Right. MS. NORDEN: I mean, a Board decides that you only need one code enforcer. The Board decides that…. SUPERVISOR RUSSELL: The budget decided that. MS. NORDEN: Who decided that? SUPERVISOR RUSSELL: The budget decided that this year. But I was very much inclined to add, it’s just in this economic climate, we can’t add to any department and there are some that are understaffed and we just couldn’t add any more. I would like to have and I would like to see the Building Department step up and assume more of the role. MS. NORDEN: But like to see? Now who makes that decision? Is that an optional decision on the part of an employee? SUPERVISOR RUSSELL: It is up to the Town Board to direct the Building Department. MS. NORDEN: Well, I thought you had done that months ago when you indicated that Damon would be filling the shoes of Ed Forrester and at the time he was not to have the formal code enforcement position but he would be back stopped by the Building Department and now you are May 5, 2009 Page 38 Minutes Southold Town Board Meeting telling me five months later the Building Department is still unwilling to do that back stopping. My question is, what is the Town’s plan, in a more broad respect maybe than in code enforcement and signage in particular, because it is almost a joke to say we are going to enforce these size of yard sale signs when all sorts of other signs in town are not being enforced. COUNCILMAN ORLANDO: We just talked about it today. SUPERVISOR RUSSELL: Nobody raised the issue with enforcing yard sale signs. We are merely…. MS. NORDEN: It is in the resolution. SUPERVISOR RUSSELL: Not the signage. This is to allow for a second yard sale. MS. NORDEN: I understand that but let’s, if you want to go look at the resolution one more time? SUPERVISOR RUSSELL: Inaudible. MS. NORDEN: No but it is right in here. COUNCILMAN ORLANDO: The Board today talked about it and we engaged DPW, on rainy days like today, when they cannot do outside maintenance…. MS. NORDEN: Why on rainy days? Why not every day? Until we get compliance. COUNCILMAN ORLANDO: DPW has a lot of work to do. On rainy days when they can’t do certain jobs, they are going to work with Damon removing temporary signs that are illegal out there. SUPERVISOR RUSSELL: And we discussed today, not just removing them but taking advantage of the law that we passed, to prosecute people that don’t comply. That is what the phone numbers do. You can track, back track, we had him here, we talked about this whole issue today. And with DPW’s help, we will hopefully get there. We have a long way to go but we…. MS. NORDEN: Yeah but I think that the easy thing to do is take down temporary signs. The more difficult thing to do is to…. SUPERVISOR RUSSELL: You missed the second part of what I said. To prosecute them because they didn’t comply. MS. NORDEN: Okay but even then, temporary signs are easy. More permanent signs of local businesses creates a greater political will to act, and it is that political will, it is okay to rip down the sign of some temporary business, nobody is going to be concerned necessarily and no one is going to…. May 5, 2009 Page 39 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Those are the ones that are proliferating throughout the Town. MS. NORDEN: Well, no, I would disagree. SUPERVISOR RUSSELL: Look at signs that don’t comply with current code, I strongly recommend you hand those specific signs over to code enforcement, so that he can address them. MS. NORDEN: Oh, Scott. There are so many businesses who have signs that are larger than what the code allows. And those signs, by local businesses, that are permanent are not being in any way addressed by code enforcement that I can see. It is really easy, just hear me out, it is easy to rip down the temporary sign of a yard sale or some fly by night who is moving through the town or some other event, it is much more difficult to tell local businesses that are in this town for keeps, that their signs are way too large. And that everything from the Dominican thrift store, to Cimino’s, to almost, to a whole host of other local businesses, all of whom, many of whom do not have signs that comply. SUPERVISOR RUSSELL: Cimino’s, those, that lack of compliance that I inquired about myself, are banners. They are in fact, temporary signs. They are not permanent signs. I believe your statement started by saying permanent signs. Cimino’s banners are temporary. Those are the ones that need to be gone after. I am unaware of the Dominican sisters illegal sign… MS. NORDEN: I am just making one example. There are plenty of examples, plenty of businesses. I am not going to argue this point, whose signs do not comply. Who are permanent signs. SUPERVISOR RUSSELL: I don’t know that I agree with that but I would be happy to look at examples. COUNCILMAN WICKHAM: I would like to respond. This morning we had quite an extended discussion about signage and enforcing the sign code. It, as you said, and as Scott said, it basically revolved around these temporary signs that are nailed up on telephone poles and things like that. At the end of that discussion, we as a Board said, you know this isn’t the only problem. Signage as a whole, the kind of signs that you are now referring to are also an issue. The Board acknowledged that it is an issue and we, I think agreed that at a subsequent meeting of the Board, we would put that on at a work session and begin to come to grips with it. But frankly, I agree with you, Melanie. It has slid in this Town for years now and the control of signs has gotten quite out of control. The bad news for me, is that although Damon Rallis is now our code enforcement officer, today the Town Board refused to support him with the additional secretarial support that I think that office needs in order to conduct his business properly. SUPERVISOR RUSSELL: Tom is stumping again. The fact of the matter is, it wasn’t Damon’s confidential secretary today, it was the Building Department confidential secretary that we added to the Building Department last year because we lost a court case. This is the same Tom Wickham who said last fall, we can’t do business as usual. We have to look at head counts here. May 5, 2009 Page 40 Minutes Southold Town Board Meeting That is a specious thing that he threw on the table a second ago for no apparent reason. But understand this, two separate issues here. Temporary signs and permanent signs. MS. NORDEN: I got it, Scott. SUPERVISOR RUSSELL: I am not sure I agree on the permanent sign statement you made but I would be happy to look into it. MS. NORDEN: Great. I will send you e-mails siting the violations across town. SUPERVISOR RUSSELL: I would appreciate that. (Inaudible) MS. NORDEN: But I mean, the fact that you are not acknowledging…. SUPERVISOR RUSSELL: Inaudible. The temporary signs are where the real problem is and that is what we addressed today. MS. NORDEN: I disagree. I mean, I think the problem is twofold and the very fact that you are arguing with me and not acknowledging the fact that there is a problem. SUPERVISOR RUSSELL: I am acknowledging. The fact is, every permanent sign that has come to us, we have addressed. You just mentioned Cimino’s. They have a permit for one sign, it is the banner signs. They are temporary…. MS. NORDEN: I guess the question is, you say everything that is coming to us, we address. That is not the proactive role that I expect from the code enforcer. I don’t expect to have to pick up the phone, which I do frequently to the code enforcer, make a telephone complaint and then that, you know, that somehow encourages him to do something. I expect proactive code enforcement in response to the code, not generated by public complaint but by generated by a notion that the code was written for a very viable and substantial reason and that we will enforce it in this town. SUPERVISOR RUSSELL: That is exactly right. Which is why we sent them out last year, when I had to. And sent them from one end of the town to the other end to review every sign out of compliance with the town code. And they did that and they got compliance at the time. We need to keep that pressure on but we are going to need more help, which is why we had DPW here today, which is why we had this whole discussion here today. But you are right about that. MS. NORDEN: Okay. Alright. Also, I was wondering within the special event resolution, number 375, whether you would consider adding an indemnification amount within the provision. Usually the standard indemnification for most events is $1,000,000 if not above. And that, it only costs like $100 for an organization to do that. You might want to consider just adding a certain amount to the indemnification to make that reasonably clear, that it is not up for grabs and that it is a basic standard. May 5, 2009 Page 41 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: I think the code includes $1,000,000 in indemnification, if I am not mistaken. MS. NORDEN: I thought right here…. ASSISTANT TOWN ATTORNEY ANDALORO: It doesn’t have a specific in there. SUPERVISOR RUSSELL: It doesn’t have a specific? We should add a specific amount. ASSISTANT TOWN ATTORNEY ANDALORO: Okay. MS. NORDEN: Great. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board? COUNCILMAN RULAND: Mr. Supervisor, I would just like to go back to that. SUPERVISOR RUSSELL: Yeah. COUNCILMAN RULAND: If I remember right, when we were discussing with the Assistant Town Attorney, we talked about the size of the event could possibly determine the amount of indemnification since we talked at length at Code Committee about specifically the, if I recall, the initiation for the discussion in the first place was the request for weddings on a town beach. SUPERVISOR RUSSELL: Okay. COUNCILMAN RULAND: And then the discussion came up about how many people are going to attend the wedding and some of us questioned, well, the larger the number, the greater the risk. Should there be levels of indemnification, in other words, the question on the application would be, how many people are you applying for this permit for? And I don’t know that if we came to a full understanding about the indemnification requirements other than $1,000,000 was the minimum. JUSTICE EVANS: Maybe we should put something in, minimum amount. COUNCILMAN RULAND: A minimum… JUSTICE EVANS: So at least it gives people an idea of where to start from. SUPERVISOR RUSSELL: We did talk about creating thresholds for these very large events that needed more than $1,000,000, given the current climate. Can we just put wording in there that would require not less than $1,000,000. ASSISTANT TOWN ATTORNEY ANDALORO: A minimum of $1,000,000? Of course. May 5, 2009 Page 42 Minutes Southold Town Board Meeting JUSTICE EVANS: Inaudible. SUPERVISOR RUSSELL: And we also have the provision the Town Board can change this. Would anybody else like to address the Town Board? Linda Goldsmith, East Marion LINDA GOLDSMITH: Hi. Linda Goldsmith from East Marion. Actually I have a question I am hoping you will help me with. I am not sure exactly what is the relationship with Cablevision in Southold Town? SUPERVISOR RUSSELL: Cablevision has a franchise agreement with the Town, it is a requirement of state law and they sort of pay Southold Town a location fee to operate in this town. That would be in lieu of property taxes that Nynex or anyone else would pay. The franchise agreements require certain things that Cablevision perform. Currently we are actually challenging Cablevision because we feel there are two separate components to them violating the franchise agreement. The first is, their unwillingness or seeming unwillingness to continue to provide public access channels free of charge to the public. Because of their upgrade to the digital, they are now requiring that you go get a new box for $6.50. We have been challenging that as a violation of the franchise agreement. They need to maintain free access to those channels and no upgrades or no cost for any new boxes. There is a second thing that we are challenging that is a broader issue of public service commission and that would be that when they, when you get a new box, in order to maintain the same level of service you had before, the same channels, you have to pay additional money. It is our position, although Lori Hulse, the attorney who is working on this isn’t here tonight, it is our position that is tantamount to a rate increase without the agreement of the public service commission. So we are pursuing that with other east end towns and the public service commission, we are filing a complaint. MS. GOLDSMITH: Well, that was exactly my question. I spent time with a homebound woman who, I think she said six of her favorite channels, and she does have, they did say that they would give her a free box for one of her televisions for channel 22 but I don’t know if that would get the other channels or not. SUPERVISOR RUSSELL: It won’t. And the franchise agreement doesn’t say you are only required to provide one free access to the, you need to provide access for every, you know, if you have three cable hookups in your house, you get free access to all three televisions. There is nothing in the franchise agreement that says they only need to provide one. So we are challenging that, we are also challenging the larger issue of can they really drop channels and then make you pay more money to get those channels back? That would be, in our opinion, a de facto rate increase. MS. GOLDSMITH: Actually it is because this woman was quite upset because I am not sure what she said her favorite channel was but she was quite upset that she could no longer get it and I mean, I know $75 a year doesn’t sound like a lot of money but it is to some people. So thank you very much for working on that. SUPERVISOR RUSSELL: We are working on that with counsel and with the other east end May 5, 2009 Page 43 Minutes Southold Town Board Meeting towns. MS. GOLDSMITH: Well, if she got this channel, I am sure she would be watching and be glad to hear that. But because she does not, I will go and tell her. Thank you. COUNCILMAN KRUPSKI: Thank you. COUNCILMAN ORLANDO: Hey, Pete. We already shot down your resolution Pete. Sorry. Peter Harris, Supt of Highways PETER HARRIS, HIGHWAY SUPERINTENDENT: That is okay. Good afternoon, ladies and gentlemen. First of all, I have something I want to read and I just want the members sitting up on the dais, what I am about to read has absolutely nothing to do pertaining to anyone sitting up on that dais. I want to address the Town Board this afternoon as to a point of information that is disturbing to me, both personally and professionally. Today I had a conversation with a person whom I have the utmost respect for professionally as well as personally. It had to do with me being accused of being fiscally irresponsible to the taxpayers of the Town of Southold while overseeing the operation at the Highway Department. Case in point, there seems to be people in this township that are annoyed that I have advertised for the last four weeks in the Suffolk Times newspaper and have had advertisements placed as usual on the local radio station WLNG to advise residents pertaining to the annual townwide brush and leaf removal program. A resolution was passed by this Town Board setting the spring of 2009 the residential spring cleanup performed by the Highway Department employees would be the only time for residents brush to be put out and picked up by town employees. Other than extending the newspaper advertisement by one week, everything is the same as the years past. By the size of the piles in the different areas in the west end of this town, maybe some of those residents don’t buy the local newspaper or listen to WLNG because now they would realize they missed the cleanup. And speaking of being fiscally responsible, the 2009 Highway Department operating budget is just over half a million dollars less than in 2008. To the best of my knowledge, the residents of this Town have and are still being served well, with less personnel on staff than in years past. My advice to anyone who wants to accuse me of being fiscally irresponsible, please come up with a better argument than running an advertisement for an extra week in the newspaper. In closing, for the record, the Highway Department has ended each year for the last seven years with a surplus. Now if that is not being fiscally responsible, I don’t know what is. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Would anyone else like to come up and address the Town Board on any other issue? (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 5:50 P.M. May 5, 2009 Page 44 Minutes Southold Town Board Meeting * * * * * Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell