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HomeMy WebLinkAboutTB-05/19/2009 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 19, 2009 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, May 19, 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 19, 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 Late 4:44 PM 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. Judge Price April 2009 2. Judge Evans April 2009 3. Budget Month ended April 30, 2009 4. Z B A February - March 2009 May 19, 2009 Page 2 Minutes Southold Town Board Meeting 5. Trustees Monthly Report April 2009 6. Justice Bruer Monthly Report April 2009 7. Programs for the Disabled April 2009 8. Department of Public Works Monthly Reports - March 2009 - April 2009 9. Town Clerk April 2009 II. Public Notices 1. License Renewal with NYS Liquor Authority North Fork Associates, Inc. d/b/a North Fork Beer & Soda Distributors, Main Road, Mattituck 2. Public Hearing for NYS Agriculture & Markets Law 303-B Tuesday, June 9, 2009 at 2:30 PM, Auditorium at William H. Rogers Legislature Bldg., 725 Veterans Memorial Hwy, Smithtown to consider requests for inclusion of predominately viable agricultural land within certified agricultural districts. Farmlands within the Town of Southold are being considered for inclusion. III. Communications IV. Discussion 1. 9:00 A.M. - John Cushman Budget Update 2. 9:45 A.M. - John Sepenoski, Jamie Richter Storm Water Management General Permit Requirements - MS4 10:00 A.M. - Lillian Ball Water Wash Project on Town Property 3. 10:15 A.M. - John Sepenoski PEP 2009 Habitat Restoration Site Description/Nomination Form May 19, 2009 Page 3 Minutes Southold Town Board Meeting 4. 10:30 A.M. - Heather Lanza Mattituck Inlet Marina SEQRA 5. 10:45 A.M. - Jim McMahon Follow Up - YES (Youth Environmental Stewardship) Program 6. Policy: New Hires, Promotions/New Hire in Building Dept 7. Integrated Wildlife Management Deer Fencing in Residential Areas 8. Animal Shelter Oversight Committee per Councilman Krupski 9. TDR Legislation 10. Water Map Amendment Process Grigonis/Aldrich Lane 11. NYS Assembly Bills 12. Request for Use of Jean Cochran Field 13. Follow Up Request for Use of Goldsmith’s Inlet Parking Area 14. SC Planning Commission Initiative Land-Use Challenges 15. Unresolved Site Plan Community Conflict 16. 1:00 P.M. - Lunch 17. Trustees Authority Need for State Comptroller Opinion? 18. Ethics Board Annual Financial Disclosure Statement 19. Convenience Stores 20. 2:00 P.M. - Ray Huntington, Melissa Spiro, John Cushman May 19, 2009 Page 4 Minutes Southold Town Board Meeting Preservation Funding 21. 2:30 P.M. EXECUTIVE Session - John Cushman, Heather Lanza Employment History/Status of Particular Person (s) - Planning Pledge to the Flag 22. Supervisor Russell SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. Okay. Special Presentation Anti Bias Task Force Supervisor Scott A. Russell SUPERVISOR RUSSELL: Before we get to the regular meeting, we have a special presentation. I have before us tonight the Southold Town Anti-Bias Task Force. I am going to come down on the deck so I can read the proclamation. I am going to ask Philip Betz, the Deputy Supervisor to come on up. ‘Whereas in July of 1995, the Southold Town Anti-Bias Task Force was created to promote diversity, unity and understanding in Southold Town; and whereas the Southold Town Board, on behalf of the residents of Southold Town, wishes to take a leadership role in the struggle to eliminate all forms of discrimination and oppression and instead foster understanding, compassion, cooperation and collaboration among the diverse individuals and groups within our area; and whereas appreciation for diversity among our citizens creates a climate of wisdom and responsiveness, placing us in the forefront of efforts to ensure that everyone has the right to live in conditions of peace, dignity and respect; and whereas on this day we come together to reinforce our efforts to replace any community attitudes of bias with heightened awareness through education and dialogue; now, therefore be it resolved that the Town Board of the Town of Southold joins with the Anti-Bias Task Force in declaring May 21, 2009 to be “Town of Southold Anti-Bias Education Day” to include mandatory training for town staff as well as a public forum to discuss recent acts of bias towards Latinos on Long Island. In addition, local schools will host a variety of activities recognizing Town of Southold Anti-Bias Education Day.’ On behalf of the entire Town Board, I am going to ask the Anti-Bias Task Force to please stand and accept this. It is a real honor working with each of you. (Inaudible) I will say it is not a one (inaudible) day and then we are done. This is an ongoing effort. This is going to kick off a huge campaign that we will continue as we move into the future. Okay? Thank you all very much. I especially want to thank Phil Beltz for his efforts. Opening Statements Supervisor Russell At this time, I will let anyone who wants to comment on any issue as it appears on the agenda. Please feel free to come up now. (No response). Hearing none, let’s move forward. May 19, 2009 Page 5 Minutes Southold Town Board Meeting Minutes Approval RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, May 05, 2009 ? Vote Record - Acceptance of Minutes for May 5, 2009 4:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland Voter ???????? Vincent Orlando Voter ? Accepted ?????????? Accepted as Amended Albert Krupski Jr. Seconder ?? Tabled ???????? Thomas H. Wickham Voter ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter V. Resolutions 2009-378 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit 5/19/09 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby May 19, 2009. ? Vote Record - Resolution RES-2009-378 ? 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 2009-379 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Meeting 6/2/09 4:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, June 2, 2009 at the Southold Town Hall, Southold, New York at 4:30 P. M.. May 19, 2009 Page 6 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2009-379 ? 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 2009-380 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Hire Thomas Hogarty Part time Deckhand F. I. WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their May 5, 2009 meeting to hire Thomas Hogarty as a part time deckhand th effective May 19 at a salary of $9.50 per hour, and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Thomas Hogarty to th the position of part time deckhand for the Fishers Island Ferry District effective May 19 at a salary of $9.50 per hour. ? Vote Record - Resolution RES-2009-380 ? 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 2009-381 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Hire Rob Brigman as Part Time Deckhand May 19, 2009 Page 7 Minutes Southold Town Board Meeting WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their May 5, 2009 meeting to hire Rob Bridgman as a part time deckhand effective th May 19 at a salary of $9.50 per hour, and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Rob Bridgman to th the position of part time deckhand for the Fishers Island Ferry District effective May 19 at a salary of $9.50 per hour. ? Vote Record - Resolution RES-2009-381 ? 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 2009-382 CATEGORY: Employment - FIFD DEPARTMENT: Accounting FIFD Longevity Salary Increase Nina Schmid WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their May 5, 2009 meeting to award a salary increase of 4% (due to 10 years in th service) to Assistant Manager Nina Schmid, effective May 19, and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby increases the salary of Assistant Manager of the Fishers Island Ferry District Nina Schmid to $26.856 per hour (4% th increase having completed 10 years of active service). This increase will be effective May 19, May 19, 2009 Page 8 Minutes Southold Town Board Meeting 2009. ? Vote Record - Resolution RES-2009-382 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Seconder ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? ??Albert Krupski Jr. Initiator Withdrawn ?? Supervisor's Appt ???????? Thomas H. Wickham Voter ?? Tax Receiver's Appt ???????? Louisa P. Evans Voter ?? Rescinded ???????? Scott Russell Voter Next: Jun 2, 2009 4:30 PM 2009-383 CATEGORY: Employment - FIFD DEPARTMENT: Accounting 2009 COLA Increase for Part-Time FIFD Personnel WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their May 5, 2009 meeting to grant the following part-time personnel a 3 ½ % cost of living increase effective June 1, 2009, and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby increases the salaries of the following part-time Fishers Island employees by 3 ½ %: Nicholas Bence Edward Bridgman Rod Brown Ben Burdick Don Casavant Robert Craft Josh Davis Paul Foley Peter Gilmore Logan Glidewell David Grote Steve Gural Tim Keating Derek Marks Jason Marks John McElligott John McVeigh Anthony Mirabelli Carl Ricker Ken Ricker Jack Searle Russell Smith John Sanford Andrew Tulba Debra Doucette Nicholas Powell Debra Silva Leslie Tombari May 19, 2009 Page 9 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2009-383 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Seconder ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? ??Albert Krupski Jr. Initiator Withdrawn ?????????? Supervisor's Appt Thomas H. Wickham Voter ?? Tax Receiver's Appt ???????? Louisa P. Evans Voter ?? Rescinded ???????? Scott Russell Voter Next: Jun 2, 2009 4:30 PM 2009-384 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Cutchogue-New Suffolk Historical Council to Close Cases Lane from Cedar Road to Main Road, Cutchogue, from 7:00 AM to 5:00 PM for Its Annual Antiques Show and Sale, on Saturday, July 4, 2009 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Cutchogue-New Suffolk Historical Council to close Cases Lane from Cedar Road to Main Road, Cutchogue, from 7:00 AM to 5:00 PM for its Annual Antiques Show and Sale, on Saturday, July 4, 2009 , 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-2009-384 ? 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 2009-385 CATEGORY: Authorize to Bid DEPARTMENT: Solid Waste Management District Compost Bldg. Foundation RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for the construction of the cement foundation for the new May 19, 2009 Page 10 Minutes Southold Town Board Meeting compost bagging building for the Solid Waste Management District, in accordance with specifications provided by the Town Engineer. ? Vote Record - Resolution RES-2009-385 ? 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 2009-386 CATEGORY: Refund DEPARTMENT: Zoning Board of Appeals Refund ZBA - A. Greene RESOLVEDgrants a partial refund of that the Town Board of the Town of Southold hereby $100.00 to Andrew Greene, at the recommendation of the Zoning Board of Appeals for withdrawing his application. ? Vote Record - Resolution RES-2009-386 ? 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 2009-387 CATEGORY: Refund DEPARTMENT: Zoning Board of Appeals Refund ZBA - New England Barns/Scarola RESOLVEDgrants a partial refund of that the Town Board of the Town of Southold hereby $200.00 to New England Barns, Inc., at the recommendation of the Zoning Board of Appeals for withdrawing the application for a Bed and Breakfast. May 19, 2009 Page 11 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2009-387 ? 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 2009-388 CATEGORY: Committee Resignation DEPARTMENT: Town Clerk Accept the Resignation of Nancy Pester from the Housing Advisory Commission and Direct the Town Clerk to Advertise for a New Commission Member RESOLVED that the Town Board of the Town of Southold hereby accepts, with regret, the resignation of Nancy Pester from the Housing Advisory Commission , effective immediately, and be it FURTHER RESOLVED that the Town Board of the Town of Southold hereby authorizes and Town Clerk to advertise for a new member for the Housing Advisory directs the Commission to fill the vacancy created by Nancy Pester. ? Vote Record - Resolution RES-2009-388 ? 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 2009-389 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Mod CAT 966 Fiscal Impact: To replenish line depleted due to unexpected repairs. RESOLVEDmodifies the 2009 that the Town Board of the Town of Southold hereby Solid Waste District budget as follows: May 19, 2009 Page 12 Minutes Southold Town Board Meeting From: Payloader/Truck Tires (SR 8160.4.100.525) $3,000 To: Maint/Supply CAT 966 Loader (SR 8160.4.100.551) $3,000 ? Vote Record - Resolution RES-2009-389 ? 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 2009-390 CATEGORY: Committee Resignation DEPARTMENT: Town Clerk Accept the Resignation of Elaine Breese as a Member of the Anti-Bias Task Force and Direct the Town Clerk to Advertise for a New Member RESOLVEDaccepts, with regret, the that the Town Board of the Town of Southold hereby resignation of Elaine Breese as a member of the Anti-Bias Task Force , effective immediately, and be it FURTHER RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town advertise for a member to the Anti-Bias Task Force Clerk to to fill the vacancy created by Elaine Breese’s resignation. ? Vote Record - Resolution RES-2009-390 ? 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 2009-391 CATEGORY: Grants DEPARTMENT: Public Works Laurel Lake Preserve – NYS Parks Grant May 19, 2009 Page 13 Minutes Southold Town Board Meeting RESOLVEDauthorizes the modification that the Town Board of the Town of Southold hereby of the Contract adopted by the Town Board, Resolution 2008-996, on November 5, 2008, by increasing the contract amount to demolish and remove building and debris at the Laurel Lake Preserve from $38,108 to $40,000, for additional work requested by the Department of Public Works that was not part of the original project. ? Vote Record - Resolution RES-2009-391 ? 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 2009-392 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to Chief Carlisle E. Cochran, Jr., to Attend Annual New York State Chiefs of Police Association, Inc., Training Conference in Saratoga Springs, NY RESOLVED grants permission to Chief that the Town Board of the Town of Southold hereby Carlisle E. Cochran, Jr., to attend the NYS Chiefs of Police Association, Inc., annual training conference commencing on Sunday, July 12 through Wednesday, July 15, 2009 in Saratoga Springs, New York. All expenses for registration, travel and lodging to be a legal charge to the 2009 Police Training budget line - A.3120.4.600.200. ? Vote Record - Resolution RES-2009-392 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? ??Albert Krupski Jr. Initiator Withdrawn ?? Supervisor's Appt ???????? Thomas H. Wickham Voter ?? Tax Receiver's Appt ???????? Louisa P. Evans Seconder ?? Rescinded ???????? Scott Russell Voter Next: Jun 2, 2009 4:30 PM 2009-393 CATEGORY: Contracts, Lease & Agreements May 19, 2009 Page 14 Minutes Southold Town Board Meeting DEPARTMENT: Recreation Hire Summer Recreation Program Instructors RESOLVEDauthorizes and directs Supervisor that the Town Board of the Town of Southold Scott A. Russell to execute an agreement with the following individuals and businesses for the Summer 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. Lynda Agrusso (guitar)…………………………………….. $30/hour Jessica Benedicto………………………………………….. $30/hour Constance Case (quilting)…………………………………. $30/hour Eugenia Cherouski (folk dancing)......................................... $30/hour Jim Christy (country line dancing)………………………… $30/hour Lenora Dome (belly dancing)................................................ $30/hour Martha Eagle (Aerobics)........................................................ $30/hour East End Insurance Services (Defensive Driving)................. $30/person Christine Henson Thorp (Crochet Class)………………… $30/hour Rosemary Martilotta (yoga)................................................... $55/class Brian Mosblech (Kayaking Program)……………………… $30/hour Dan McGunnigle (summer gym program)……………….. $30/hour Tom McGunnigle (golf)…………………………………..... $50/person Theresa Pressler (youth programs)………………………… $30/hour Steve Smith (weight training)................................................ $30/hour Barbara Terranova (tennis).................................................... $30/class Touch Dancing Studios (ballroom dance)............................. $65/person Michelle Weiss (Kayaking Program)……………………… $30/hour ? Vote Record - Resolution RES-2009-393 ? 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 2009-394 CATEGORY: Employment - Town DEPARTMENT: Police Dept Appoint Daniel A. Blados to the Position of Seasonal Police Officer for 2009 Season May 19, 2009 Page 15 Minutes Southold Town Board Meeting RESOLVEDappoints Daniel A. Blados that the Town Board of the Town of Southold hereby to the position of Seasonal Police Officer for the Southold Town Police Department, effective April 27, 2009, at a rate of $19.24 per hour. ? Vote Record - Resolution RES-2009-394 ? 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 2009-395 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Approves the Memorandum of Agreement Dated February 4, 2009, Between the Town of Southold and the CSEA RESOLVEDapproves the that the Town Board of the Town of Southold hereby Memorandum of Agreement dated February 4, 2009, between the Town of Southold and the CSEA , concerning the settlement of a grievance. ? Vote Record - Resolution RES-2009-395 ? 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 2009-396 CATEGORY: Grants DEPARTMENT: Land Preservation USDA NRCS Grant Proposal Submission 2009 RESOLVEDauthorizes submission of a that the Town Board of the Town of Southold hereby 2009 proposal to the United States Department of Agriculture (USDA) Natural Resources May 19, 2009 Page 16 Minutes Southold Town Board Meeting Conservation Service (NRCS), administering on behalf of the Commodity Credit Corporation, whereby the Town of Southold proposes a cooperative effort to acquire the development rights to agricultural properties which have been submitted by their owners to the Land Preservation Committee of the Town of Southold for sale of such rights to the Town of Southold, in accordance with the terms of the Fiscal Year 2009 Farm and Ranch Lands Protection Program (FRPP). ? Vote Record - Resolution RES-2009-396 ? 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 2009-397 CATEGORY: Employment - Town DEPARTMENT: Accounting Resign Pumpout Boat Operator Matt Quinn RESOLVED that the Town Board of the Town of Southold hereby amends Resolution Number Matthew Quinn to the position of 397 from the May 5, 2009 Town Board meeting appointing _Pump Out Boat Operator in the Trustees Department , Mr. Quinn has declined the position. ? Vote Record - Resolution RES-2009-397 ? 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 2009-398 CATEGORY: Employment - Town DEPARTMENT: Police Dept Hire Traffic Control Officers for the 2009 Season RESOLVEDappoints the following to that the Town Board of the Town of Southold hereby May 19, 2009 Page 17 Minutes Southold Town Board Meeting the position of Traffic Control Officer for the Southold Town Police Department, effective June 17, 2009, at a rate of $15.22 per hour: Jacob Bogden James Crosser Andres Puerta Ashley Sawicki Jay Sheryll ? Vote Record - Resolution RES-2009-398 ? 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 2009-399 CATEGORY: Employment - Town DEPARTMENT: Police Dept Hire Seasonal Police Officer for the 2009 Season RESOLVEDappoints Jason Luhrs to that the Town Board of the Town of Southold hereby the position of Seasonal Police Officer for the Southold Town Police Department, effective June 16, 2009, at a rate of $19.24 per hour. ? Vote Record - Resolution RES-2009-399 ? 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 2009-400 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Amend Resolution 2009-365 May 19, 2009 Page 18 Minutes Southold Town Board Meeting RESOLVEDamends Resolution No. that the Town Board of the Town of Southold hereby 2009-365 dated May 5, 2009 to read as follows : RESOLVEDauthorizes 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 , regarding a one year extension for the period January 1, 2007 2009 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-2009-400 ? 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 2009-401 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Maintenance Agreement Between the Town of Southold and Canon Business Solutions Regarding the Highway Department Copy Machine RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Maintenance Agreement between the Town of Southold and Canon Business Solutions regarding the Highway Department copy machine , commencing on May 24, 2009 through May 23, 2010, at a total cost of $692.70, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-401 ? 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 May 19, 2009 Page 19 Minutes Southold Town Board Meeting 2009-402 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint John Betsch to Stormwater Runoff Comm. RESOLVEDJohn Betsch to the that the Town Board of the Town of Southold hereby appoints Stormwater Runoff Committee effective immediately through March 31, 2010. ? Vote Record - Resolution RES-2009-402 ? 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 2009-403 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Application Form NY-2A in Connection with the State Pollutant Discharge Elimination System (SPDES) Permit Regarding the Fishers Island Wastewater Treatment Facility RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Application Form NY-2A in connection with the State Pollutant Discharge Elimination System (SPDES) Permit regarding the Fishers Island Wastewater Treatment Facility , which is required by the NYS Department of Environmental Conservation under the terms of our SPDES Permit #NY0192214, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-403 ? 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 May 19, 2009 Page 20 Minutes Southold Town Board Meeting 2009-404 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Hire Robert Lavin as a PT Purser FIFD WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a th resolution at their May 14 meeting to hire Robert Lavin as a part time Purser effective May 19, 2009 at a rate of $13.25 per hour, and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of the employees of the Fishers Island Ferry District, now therefore be it RESOLVEDappoints Robert Lavin to that the Town Board of the Town of Southold hereby the position of a part time Purser for the Fishers Island Ferry District, effective May 19, 2009, at a rate of $13.25 per hour. ? Vote Record - Resolution RES-2009-404 ? 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 2009-405 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Hire Ryan Donahue as Seasonal PT Deckhand FIFD WHEREAS the Board of Commissions of the Fishers Island Ferry District adopted a resolution at their May 14, 2009 meeting to hire Ryan Donahue as a part time, seasonal deckhand effective from May 19, 2009 to October 30, 2009 at a rate of $9.50 per hour, and May 19, 2009 Page 21 Minutes Southold Town Board Meeting WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVEDappoints that the Town Board of the Town of Southold hereby Ryan Donahue to the position of a part time, seasonal deckhand effective from May 19, 2009 to October 30, 2009 at a rate of $9.50 per hour. ? Vote Record - Resolution RES-2009-405 ? 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 2009-406 CATEGORY: Recommendations DEPARTMENT: Town Clerk PEPHRP Project Nominations WHEREAS the purpose of the Peconic Estuary Program Habitat Restoration Plan is to identify and prioritize the significant natural habitats of the Peconic Estuary system, develop overall habitat restoration goals, identify locations where these habitats can be restored, and develop, in conjunction with public and private landowners, specific restoration projects, and WHEREAS the Town Board of the Town of Southold was presented with a list of projects to be nominated for the Peconic Estuary Program Habitat Restoration Plan, Now therefor be it RESOLVEDnominates the following that the Town Board of the Town of Southold hereby projects to be included in the Peconic Estuary Program Habitat Restoration Plan: New projects to be nominated: 1. Phragmites a. Downs Farm & Downs Creek b. Narrow River Road/Route 25 May 19, 2009 Page 22 Minutes Southold Town Board Meeting c. Arshamomaque Pond Preserve d. Arshamomaque Preserve e. Pipes Cove 2. Eelgrass a. Hallock’s Bay eelgrass sanctuary plan 3. Shellfish a. Town-wide Spawner sanctuary plan 4. Wetlands a. Budd’s Pond b. Removal of LIPA towers no longer in use 5. Alewife a. Moore’s Drain ? Vote Record - Resolution RES-2009-406 ? 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 2009-407 CATEGORY: Seqra DEPARTMENT: Town Attorney MIMS Holding, LLC SEQRA WHEREAS , an application has been submitted by MIMS Holding, LLC, 5780 West Mill Road, Mattituck, NY, for property located at 1885 Home Pike, Mattituck, NY, more specifically known and identified as Suffolk County Tax Map #1000-106-6-13.4; and WHEREAS , the application involves amending the zoning map of the Town of Southold by changing the zoning on 16.25 acres of the 33.75 acre site from its current R-80 single family residential district designation to the MII, Marine II district; and WHEREAS , pursuant to the requested rezoning, it is the applicant’s intention to file an application to renovate and expand the current Marina facility including the installation of 200 new boat slips and a yacht club and boat club with amenities; and May 19, 2009 Page 23 Minutes Southold Town Board Meeting WHEREAS , in accordance with the provisions of 6 NYCRR Part 617, the Town Board of the Town of Southold intends to serve as Lead Agency for the SEQR Review of this Type I Action, and in this capacity, will determine if the proposed action will have a significant effect on the environment; and WHEREAS , it is the intention of the Lead Agency to undertake a coordinated review of this action. NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold hereby designates its intention to serve as Lead Agency for the SEQR Coordinated Review of this Action, and directs the Lead Agency Notice to be circulated, along with the Environmental Assessment Form, to all involved agencies. Involved agencies shall be given 30 days from the mailing of the Lead Agency Notice to challenge the Town Board’s designation. RESOLVED that the Town Clerk be authorized and directed to forward this to the Suffolk County Planning Commission and the Southold Town Planning Board. BE IT FINALLY RESOLVED that this resolution shall have an effective date of May 19, 2009. ? Vote Record - Resolution RES-2009-407 ? 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 2009-408 CATEGORY: Advertise DEPARTMENT: Town Clerk Ad for P/T Clerk Typist Build RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby May 19, 2009 Page 24 Minutes Southold Town Board Meeting Town Clerk to advertise for a part-time Clerk Typist for the Southold Building Department. ? Vote Record - Resolution RES-2009-408 ? 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 32. Comment regarding resolution #408 COUNCILMAN RULAND: Mr. Supervisor, I am going to cast a nay vote in that as we had discussed in our work session this morning. I don't believe that we have done enough to see if the departments can do more with less. COUNCILMAN WICKHAM: What is the outcome? TOWN CLERK NEVILLE: It is adopted. 2009-409 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint Greta Schiller to the Southold Town Conservation Advisory Council RESOLVEDappoints Greta Schiller to that the Town Board of the Town of Southold hereby the Southold Town Conservation Advisory Council effective immediately through March 31, 2011, to fill the unexpired term of Glen McNab who resigned August 6, 2008. ? Vote Record - Resolution RES-2009-409 ? 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 2009-410 CATEGORY: Home Rule Request DEPARTMENT: Town Clerk May 19, 2009 Page 25 Minutes Southold Town Board Meeting Request the Enactment of Assembly Bill No. A07611 WHEREAS, a bill has been introduced in the State Legislature as A07611 WHEREAS, the bill seeks to authorize municipalities to establish green loans programs to provide financing to residential property owners for solar and wind energy generating systems; now, therefore, be it RESOLVED , that pursuant to Article IX of the Constitution, the Town Board of the Town of hereby requests the enactment of Assembly Bill No. A07611 Southold entitled “AN ACT to amend the general municipal law and the local finance law, in relation to establishing the green loans program to provide financing for the purchase and installation of residential solar and wind energy generating systems”. ? Vote Record - Resolution RES-2009-410 ? 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 2009-411 CATEGORY: Home Rule Request DEPARTMENT: Town Clerk Request the Enactment of Home Rule A07653 WHEREAS, a bill has been introduced in the State Legislature as A07653 WHEREAS, the bill seeks to establish a task force to study and report on standardization of local building permits and processes to facilitate increased use of solar and wind energy systems; now, therefore, be it RESOLVED , that pursuant to Article IX of the Constitution, the Town Board of the Town of May 19, 2009 Page 26 Minutes Southold Town Board Meeting hereby requests the enactment of Assembly Bill No. A07653 Southold entitled “AN ACT to direct the secretary of state to establish a task force to study the standardization of the state and local building codes and permits processes for the purpose of facilitating the installation of solar and wind energy generating systems, and providing for the repeal of such provisions upon the expiration thereof”. ? Vote Record - Resolution RES-2009-411 ? 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 2009-412 CATEGORY: Home Rule Request DEPARTMENT: Town Clerk Request the Enactment of Home Rule A07557 WHEREAS, a bill has been introduced in the State Legislature as A07557 WHEREAS, the bill seeks to remove certain language related to the rated capacity of solar and wind electric generating equipment of non-residential and farm customers as it pertains to net metering; now, therefore, be it RESOLVED , that pursuant to Article IX of the Constitution, the Town Board of the Town of hereby requests the enactment of Assembly Bill No. A07557 Southold entitled “AN ACT to amend the public service law, in relation to net energy metering for residential solar and wind, farm waste or non-residential solar electric generating systems”. ? Vote Record - Resolution RES-2009-412 ? 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 19, 2009 Page 27 Minutes Southold Town Board Meeting 2009-413 CATEGORY: Home Rule Request DEPARTMENT: Town Clerk A07672 WHEREAS, a bill has been introduced in the State Legislature as A07672 WHEREAS, the bill seeks to exempt the sale and installation of commercial solar energy systems equipment for sales and compensating use taxes; now, therefore, be it RESOLVED , that pursuant to Article IX of the Constitution, the Town Board of the Town of hereby requests the enactment of Assembly Bill No. A07672 Southold entitled “AN ACT to amend the tax law, in relation to exempting the sale and installation of commercial solar energy systems equipment from state sales and compensating use taxes and granting municipalities the option to grant such exemption”. ? Vote Record - Resolution RES-2009-413 ? 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 2009-414 CATEGORY: Home Rule Request DEPARTMENT: Town Clerk Non-Support of A04896 WHEREAS, a bill has been introduced in the State Legislature as A04896 WHEREAS, the bill seeks exempt a homeowner for any tax increase when installing a solar energy system; now, therefore, be it RESOLVED , that pursuant to Article IX of the Constitution, the Town Board of the Town of hereby does NOT support the enactment of Assembly Bill No. A04896 Southold entitled “AN May 19, 2009 Page 28 Minutes Southold Town Board Meeting ACT to amend the real property tax law, in relation to permanently exempting a homeowner from tax increases when installing a solar energy system on their home”; the Town Board of the Town of Southold does not support the enactment of this Bill because it has determined that the present 15 year tax exemption for the installation of solar energy systems is sufficient and that a permanent exemption is unwarranted . ? Vote Record - Resolution RES-2009-414 ? 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 2009-415 CATEGORY: Property Usage DEPARTMENT: Town Clerk Use of Goldsmith’s Inlet Parking Area - Tiktin RESOLVEDgrants permission to Carl that the Town Board of the Town of Southold hereby Tiktin to use the Goldsmith’s Inlet parking area from September 25-27, 2009, providing he provides the Southold Town Clerk with an insurance binder naming the Town of Southold as an additionally insured for $1,000,000.00 for that period of time and these vehicles shall be exempt from the Southold Town parking fees on the dates listed, provided the cars display a special Wedding Guest Parking Permit as per the instruction of the Southold Town Police Department. ? Vote Record - Resolution RES-2009-415 ? 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 2009-416 CATEGORY: Property Usage DEPARTMENT: Town Clerk May 19, 2009 Page 29 Minutes Southold Town Board Meeting Use of Cochran Park - NF Ospreys RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby North Fork Ospreys to use Jean Cochran Park from June to August, 5:00 p.m. until 9:30 p.m. (final dates to be provided after Little League Schedule is received by the Recreation Department) providing they supply the Southold Town Clerk’s office with an insurance binder naming the Town of Southold as an additionally insured for $1,000,000.00. ? Vote Record - Resolution RES-2009-416 ? 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 2009-417 CATEGORY: Property Usage DEPARTMENT: Town Attorney Aldrich Lane, Et Al. Water Map Amendment WHEREAS , residents on Aldrich Lane and Old Main Road in Laurel, as well as the subdivision known as Farm Veu in Mattituck have requested water service from the Suffolk County Water Authority; and WHEREAS , the Suffolk County Department of Health Services has determined that some of these areas have substandard water quality and has determined that these locations are priority areas for new water service; and WHEREAS , the Town of Southold has a map, adopted by the Town Board on July 3, 2007, entitled “Southold Water Supply Plan Map” which reflects the physical changes in the water supply network since 2000 and also sets policy for future growth in response to changing water supply needs and increased growth trends in the Town; and May 19, 2009 Page 30 Minutes Southold Town Board Meeting WHEREAS , the aforementioned map was created and adopted by the Town of Southold and the Suffolk County Water Authority, and endorsed by the Suffolk County Department of Health Services, and is part of the ongoing comprehensive planning efforts of the Town, and further, the map represents the only locations where public water will be installed in the Town of Southold; and WHEREAS , the aforementioned locations that are requesting public water installations in order to alleviate the public health concerns are not currently shown on the adopted map as being eligible for water connection; and WHEREAS , all locations seeking hookup to the public water are currently developed properties served by a private on-site well, which will be abandoned resulting in no potential for adverse environmental impacts on the aquifer; and it is hereby RESOLVED that the Town Board of the Town of Southold hereby amends the existing water map entitled “Southold Water Supply Plan Map”, dated June 1, 2006, to include these locations; and it is hereby further RESOLVED that the Town Board of the Town of Southold, as Lead Agency, determines that this action is a Type II action having no potential for an adverse impact on the environment as all locations to be hooked up to public water are developed areas with existing wells that will be disconnected. ? Vote Record - Resolution RES-2009-417 ? 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 42. Comments regarding resolution # 417 COUNCILMAN RULAND: Before I cast my vote, I know that I have been somewhat outspoken on this issue, we had a tremendous go around with the CEO of the Suffolk County Water Authority. I think that I had spoken with some of the residents and some of them had May 19, 2009 Page 31 Minutes Southold Town Board Meeting contacted me and I think that as long as everyone understands that the term public water means that the water is available to all the public from a private water supplier and the people understand this and they understand that all the costs that are involved will be borne by the people who choose to hook up to the water, I vote yes. COUNCILMAN KRUPSKI: I share a lot of the same concerns as Councilman Ruland did and I will cast my vote in favor of this resolution, to let the people who live on Aldrich Lane have public water available to them if they choose to, with the understanding that this water won't be available to vacant land that could otherwise be developed and take advantage of that public water. And I think that we did discuss that at length and I think that was the intent of this resolution, so I vote aye. 2009-418 CATEGORY: Property Usage DEPARTMENT: Town Attorney Estate of Grigonis Water Map Amendment WHEREAS , Robert Grigonis, Executor of the Estate of Antone Grigonis, has submitted a petition requesting the extension of public water to property located on the east side of Youngs Road to serve four building lots which will be created pending approval of an 80/60 clustered subdivision (hereinafter the “Project”); and WHEREAS , the Town of Southold has a map, adopted by the Town Board on July 3, 2007, entitled “Southold Water Supply Plan Map” which reflects the physical changes in the water supply network since 2000 and also sets policy for future growth in response to changing water supply needs and increased growth trends in the Town; and WHEREAS , the Project will result in the addition of three new residences, maintenance of one existing home, and the preservation of agricultural use on the majority of the property through the County PDR program; the new homes and the existing home are clustered towards Youngs Road, an existing road which already provides infrastructure in the form of road access and electricity; and WHEREAS , the other properties on Youngs Road have been previously protected or have reached full build-out under the current zoning regulations and, therefore, the extension of the May 19, 2009 Page 32 Minutes Southold Town Board Meeting water main from the existing water service on Old North Road to the Grigonis property will not result in additional development pressure in this area; and WHEREAS , the analysis of on-site wells has indicated that the groundwater quality on the property has elevated levels of nitrate, perchlorate, and aldicarb and, therefore, the Suffolk County Department of Health Services recommends connection to public water; and WHEREAS , the Project provides an inherent benefit in protection of agricultural land use and a minimal level of residential infill and connecting the proposed lots to public water would ensure protection of public health for residents of the proposed homes; and WHEREAS , the Planning Board adopted a resolution on September 11, 2007 acting under the State Environmental Quality Review Act, 6 NYCRR Part 617, granting a negative declaration for the Project; and it is therefore RESOLVED that the Town Board of the Town of Southold hereby amends the existing water map entitled “Southold Water Supply Plan Map”, dated June 1, 2006, to include the subject Project; and it is hereby further RESOLVED that the Planning Board of the Town of Southold has carefully reviewed the Project’s application and respectfully requests that the Town Board act favorably on the approval of an extension of the water main service for the subject Project, subject to any terms and conditions set forth by the Planning Board in its final conservation subdivision application. ? Vote Record - Resolution RES-2009-418 ? 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 44. Comments regarding resolution # 418 COUNCILMAN RULAND: Before I cast my vote, I would like to say that there is quite an May 19, 2009 Page 33 Minutes Southold Town Board Meeting inherent difference between this resolution and the previous resolution and since the whole project is something where there is a benefit to the Town of Southold, actually to all the residents of the Town of Southold but specifically those who are on Old North Road and Youngs Avenue, it certainly, it is in the best interests of the Town in this case to go ahead and approve this and I vote aye. COUNCILMAN ORLANDO: Aye, and I just want to reiterate in this resolution that this is an 80-60 cluster conservation subdivision. COUNCILMAN KRUPSKI: I will cast my vote aye and with the recommendation to the Planning Board that they don't let the Water Authority tear the road up as they do in normal installations. This is a cement road and they have a very, the Water Authority has a very poor record of repairing town roads after they put the water mains in and to cut up a cement road would really be a crime because it is in good shape. And they will never be able to repair it, so I will approve that resolution with an aye. SUPERVISOR RUSSELL: I just want to briefly thank the representatives to the estate of Antone Grigonis. Not only does the subdivision save a substantial amount of open space, they have also generously offered to dedicate to the Town a substantial size piece of property so we can use that for the storm water mitigation and the road run-off issues that are particularly critical up there. I want to thank they for that. It is my pleasure to actually support this resolution. . Closing Statements Supervisor Russell SUPERVISOR RUSSELL: Okay. I would ask anybody that would like to come up and address the Town Board on any issue, please feel free. Peter Terranova, Peconic PETER TERRANOVA: Good afternoon, council members. Peter Terranova from Peconic. I just have a few items, going forward this summer season, are the town meetings going to be routinely at 4:30 or are we going to go back and alternate? SUPERVISOR RUSSELL: No, it is the, it is the tradition schedule, 4:30, 7:30 alternate. Today is Grievance day, the Grievance Board will need this room tonight at 6:00 PM, I believe, or 7:00 PM. Not to get into conflict with them, we made the meeting earlier, rather than having the meeting at 7:30. I think there grievance probably runs from about 6 to 9. MR. TERRANOVA: What is the grievance department? SUPERVISOR RUSSELL: That would be for someone who feels aggrieved for their property taxes. Fill out an application and put it before a Board of five individuals from the community. MR. TERRRANOVA : Okay. I don’t be attending. Item 2, do we have an update at all from Chip Voorhees on the status of the DEIS relative to his next report? May 19, 2009 Page 34 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: No, not yet. It is a work in progress. MR. TERRANOVA: Okay. Item 3, there seems to be some controversy regarding fence ownership of the fence surrounding the Goldsmiths inlet parking area. A number of times I have brought this issue up with Jim McMahon to see if something could be done and I addressed it with the Town Board a couple of weeks ago. Jim always says, well, I am not sure who owns it. Well, we, Peconic sound shores association has no record, okay, of actually spending any money to put up that fence that is surrounding the Town’s parking lot. I believe the fence, to the best of my recollection, was put in soon after the dunes were taken down and the parking lot was put in place. However, within the past week and I don’t have this first hand, I got this second hand from an email, that one of my neighbors, Linda Kettenberg, had saw Jim down at the inlet and he stated unequivocally that the fence doesn’t belong to the Town of Southold, yet at the Town Board meeting two weeks ago when I spoke with Jim after the meeting, he had said to me that well, I have got money, unallocated dollars in my budget to do repairs of that nature and all I need is Supervisor Russell to tell me to do it. After that same meeting, I believe Councilman Orlando mentioned to me that it was under your impression that Supervisor Russell had already told Jim McMahon to repair the fence or replace the fence. So, I am, I have got a meeting coming up this weekend with Peconic sound shore association and I wanted to report to them as to what was going on but I am a little confuse. SUPERVISOR RUSSELL: Sure. I had gotten photo’s from you, I gave them to Ruthanne Woodhull, my assistant, and asked her to direct Jim to go out and repair the fence. Jim had actually come back and said that it is not Southold Town’s fence. It looks like it might have been erected at the same time as other fencing down there for the association because of the materials used and the style. It looks perfectly consistent with what might have been done for the private development at that time. And it is a very old fence. To be frank, we have no record of erecting the fence. You know, I don’t know how we wants to address it. Would removing the fence serve any purpose, rather than repairing it, if it is not serving any function? MR. TERRANOVA: No, but I would like to first address it. First of all, there is no other fence in the area. SUPERVISOR RUSSELL: Well, I am relying on what Jim had told me. MR. TERRANOVA: Okay. You are welcome to come down and take a look, Supervisor Russell, and you know, verify that for yourself. There is no other fence in the area. The fence separates private property, okay, extending down from Travelers Way, which is that first short section of road, that happens to be, okay, at least on the original development map, part of Town property but it extends down all the way down, separating private property from the boat ramp. Secondly, it extends over bordering the parking lot, separating the parking lot from the road and that was, that used to be a sand dune area prior to the Town taking over and the County and so on and so forth when they constructed the jetty, okay, and that fence was erected at that time. There was no other construction of a fence in that area that one could say that it is similar to fences that were put up by the Peconic sound shores association. So, I have to dispute what Jim McMahon is saying and I welcome any, I welcome yourself or any council members to come down and May 19, 2009 Page 35 Minutes Southold Town Board Meeting show me another fence that…. COUNCILMAN KRUPSKI: You did mention this to me, I think two meetings ago, and I did ask Superintendent of Highways and Jim McMahon, about the fence and I think Jamie Richter I think also was there, and everyone agreed that the fence was not on Town property. Because they thought if it was on town property that it should be repaired but if it is not on town property, then of course, the town isn’t going to repair it. And their contention was that…. MR. TERRANOVA: You are saying the fence is on private property, sir? COUNCILMAN KRUPSKI: The fence was erected for private purposes, to separate that driveway, wait, let me finish, to separate the driveway, you call it Traveler Street from the public beach parking lot. MR. TERRANOVA: Yes, that is correct, and also running down the boat launching ramp. Down towards the water. COUNCILMAN KRUPSKI: Mmmhmm. MR. TERRANOVA: Okay, so you are making on the assumption…. COUNCILMAN KRUPSKI: I am reporting to you what I was told when I asked for information about it. MR. TERRANOVA: And who told you that? COUNCILMAN KRUPSKI: Well, like I said, I had a conversation with Jim McMahon…. MR. TERRANOVA: Did Jim take a survey. I will go out and look at the property stakes. How is that? COUNCILMAN ORLANDO: I also spoke to Jim. We all seem to have followed up. I spoke to you and then I spoke to Jim McMahon. He was going to pull up the original subdivision to see where the property line was and he wasn’t sure at the time, when I spoke to him, whether it was on town property or the association property. And as you know, I spent a week down with you down there dredging that one time, so I have seen that fence and they are going to look into see whose it is. I think it is a controversial thing to see whose it is. I am not sure. SUPERVISOR RUSSELL: Yeah, I am not sure it is controversial. The fact of the matter is, there is an old fence there that needs to be repaired, you would like it repaired. The Town is not clear that we own it or that we ever erected it, so our obligation to repair it which seems to be based on conversations with DPW, nonexistent. I am sorry for that but it is a bad precedent to run around and fix things unless we know clearly that we own it. MR. TERRANOVA: Well, I agree with that. I mean, I agree with that 100 %, okay, but I, okay, May 19, 2009 Page 36 Minutes Southold Town Board Meeting so I guess the issue will continue then as an open issue until we establish whose property the fence is on. COUNCILMAN ORLANDO: So the answer is, we have no answer yet. SUPERVISOR RUSSELL: Well, I am inclined to support DPW to suggest that it is not ours. I will be glad to go out with you, we can look at it Friday but we have to be frank, if it turns out that it is wholly on town property, we maybe need to revisit the issue of needing the fence. We are trying to reduce our liabilities here in terms of maintenance town wide. It is a bad fiscal climate. MR. TERRANOVA: I understand that. So what we are saying, if I am correct in hearing, that the determining factor will be on whose property the fence is on? SUPERVISOR RUSSELL: Well, that might determine as to whether we have an interest in addressing it. How we address it. MR. TERRANOVA: Well, I would think that the interest of the Town is not only formed from the standpoint of safety but also from the standpoint of appearance because as I said, in my opening statement, we have it on a town website that this a town beach, okay, and you look at the condition of our surrounding that area compared to the other town beaches. It is quite deplorable. And it really casts a bad image on the Town of Southold in terms of maintenance of their facilities. Okay. I noticed, we can move on to another subject, I guess, while we are waiting for the determination as to who owns, or what property the fence is on. On resolution 2009-406, is it, would it be appropriate to include the Goldsmith pond issue Scott, if you recall a meeting was held in your office a number of weeks ago, could that be part of the Peconic Estuary program? Habitat restoration plan or…. SUPERVISOR RUSSELL: I don’t believe that is considered a water body that would be involved with the Peconic Estuary. There is a separate, which is part of a Sound initiative that we might be able to include that in on but I don’t know that Goldsmiths inlet would be included as part of the Peconic Estuary plan. That is identified by a separate group. But I will be glad to look into it. MR. TERRANOVA: Okay. I guess there is a specific definition of Peconic Estuary? SUPERVISOR RUSSELL: Yes. And it is identified with a map as to what those water bodies are pertaining to the PEP or Peconic Estuary Program. But generally it is for the water bodies and estuaries that are in and around and interface with the Peconic Bay. MR. TERRANOVA: Okay. So it is those bodies of water that deal with emptying or…. COUNCILMAN KRUPSKI: Connected to it. MR. TERRANOVA: Connected to the bay. Okay. Fine. I just wasn’t sure. And finally, May 19, 2009 Page 37 Minutes Southold Town Board Meeting unfortunately, I, you know, I had to work today so I wasn’t able to attend the work session…. SUPERVISOR RUSSELL: Unfortunately, I was. MR. TERRANOVA: I hope you guys had a good time today. The use of the Goldsmith area parking area, what is that about? I guess there is a wedding being held there? SUPERVISOR RUSSELL: Yeah. A gentleman, I believe it is his daughter that is getting married, he lives down there and he wanted permission to have guests park in the parking lot during the event. We saw no harm to it because it is a late September event, so we are not going to be interfering with the general weekend you know, beach traffic that we would see there. MR. TERRANOVA: Okay. Yeah, I have no issue with that. I was just questioning the number of days, we are looking at three days. SUPERVISOR RUSSELL: It would be, I believe… COUNCILMAN KRUPSKI: Friday night, Saturday and then Sunday. SUPERVISOR RUSSELL: Yes. And then events in and around the wedding. I guess there is a rehearsal dinner, there is a wedding reception. MR. TERRANOVA: This is just for parking. SUPERVISOR RUSSELL: Yes. Just for parking. Accessory parking for the family. MR. TERRANOVA: We are not going to see a big tent? COUNCILMAN KRUPSKI: Nothing about the fence. SUPERVISOR RUSSELL: No. MR. TERRANOVA: If somebody sits on a rusty nail, you might hear about that. SUPERVISOR RUSSELL: No, this is just the accessory parking needed for the family having the events at their home. MR. TERRANOVA: Okay. And just to return one more time, I am sorry to tie up your evening here, I know we have school board elections tonight. Is there any expectation on that DEIS from Chick? SUPERVISOR RUSSELL: From Chick? Again, I will ask you to reach out to him towards the end of this week. I do have to tell you, I am not sure, we just had him deliver a review of an application in Mattituck that I think we dealt with almost a year and a half ago and it was certainly slow in the making. So I will certainly ask for that to be…. May 19, 2009 Page 38 Minutes Southold Town Board Meeting MR. TERRANOVA: I am just trying to be, you know, just be informed. That is all, okay, nothing more. I am not try to push it forward or delay it in any way. Just looking for information. SUPERVISOR RUSSELL: Okay. MR. TERRANOVA: Okay. That is it. Thank you so much. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board? Mr. Wills, of course. Frank Wills, Mattituck FRANK WILLS: Good afternoon, Frank Wills, Mattituck. Several weeks ago at a meeting where several projects were discussed, you Mr. Russell suggested, brought up the idea of prioritizing the projects. Important at the top and so forth down, which is a great idea. I don’t know whether anything has been done about that but the one I was interested in was whether the master plan or the comprehensive master plan or whatever it is being called was 1, on that list and if so, how far up on top? SUPERVISOR RUSSELL: We had actually gotten from Heather Lanza, the director of Planning, some time ago, she had outlined a couple of ongoing projects that need to be buttoned up, one being the TDR’s, while some of these smaller initiatives when all of that was buttoned up, she was going to lay out a time table and a calendar for when we can start undertaking the several segments of the master plan. Some of that we have already been working on. The human component through recreation, things like that. Philip Beltz, mark Terry and others, but what I would like to do now that we have resolved some of those outstanding issues is in the very near future sit down with her and the Town Board and go over a realistic game plan as we move into the next several months. I think that we are at that point now where we need to start pushing that to the top of the list of things to get done, this particular year. It is probably going to overlap into next year, so. MR. WILLS: Great because obviously now is the time to do it. SUPERVISOR RUSSELL: Absolutely. MR. WILLS: Things are slow and they are going to stay slow for a while. SUPERVISOR RUSSELL: We agree. I think the Board supports that. I don’t want to speak for them but I think they recognize that. Again, what happens is you put some money in the budget, other things tend to come along, monopolize your time but we are at the process now where I think we are ready to focus on it. MR. WILLS: And if in any way, major or minor, the NFEC can contribute by volunteers, let us know. May 19, 2009 Page 39 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Thank you very much. I think the most important component, Benja Schwartz had raised this to me and I agree with him, the need for public comment, I think the public component is the most important component to a master plan. It is a community document, so the, I am sure your efforts, the NFEC, all these groups out here, we are going to rely on heavily to move this forward. Would anybody else like to address the Town Board on any issue? (No response) Hearing none, let’s close the meeting. Supervisor Russell 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 5:19P.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