Loading...
HomeMy WebLinkAboutTB-06/02/2009 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 June 2, 2009 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, June 2, 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 June 2, 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 Martin D. Finnegan Town of Southold Town Attorney Present I. Reports 1. Recreation Department Monthly Report March 2009 2. Recreation Department Monthly Report April 2009 II. Public Notices 1. Comment Period Transportation Improvement Program Amendments June 2, 2009 Page 2 Minutes Southold Town Board Meeting 2. N Y S Liquor Authority - Application for Renewal Country Corner Cafe, Inc., 54560 Main Road, Southold Orient Country Store Ltd., 930 Village Lane, Orient III. Communications IV. Discussion 1. 10:00 A.M. - Heather Lanza Convenience Stores 2. 10:30 A.M. - Chief Cochran Education Seminars Request 3. Maritime Heritage Districts/ New Suffolk Waterfront Project 4. LWRP - Resignation and Appointment Police Advisory Committee - Reappointments and New Appointments 5. Cablevision Update Assistant Town Attorney Hulse 6. Goldsmith Inlet Scoping Issues 7. Home Rule Request 8. Griffin Street and Route 25 Issue 9. Lunch 10. A.8501, S.5661 An ACT to amend the general municipal law.... 11. Mattituck Inlet Letter of Support 12. Trailer Permit Application 13. 1:30 P.M. John Cushman Budget 14. 2:30 P.M. - EXECUTIVE SESSION - John Cushman, Heather Lanza Employment History / Status of Particular Person(s) - Planning June 2, 2009 Page 3 Minutes Southold Town Board Meeting 15. Executive Session Litigation - Heritage Lawsuit 16. Executive Session Litigation - Moy v. Trustees Pledge to the Flag Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance. Martin? Events 9:00 A.M. - Bombara Coastal Erosion Appeal 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 History: 06/02/09 Town Board ADJOURNED Next: 06/16/09 RESULT: ADJOURNED [UNANIMOUS] Next: 6/16/2009 7:30 PM MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Town Attorney Martin D. Finnegan TOWN ATTORNEY MARTIN FINNEGAN: Good morning. If I may, now that the hearing has been re-opened by the Town Board, I would first like to acknowledge receipt of a letter from Peter Danowski, the counsel for the applicant, where he has issued his objections to the re- opening of the hearing. We would also like to submit for the record the report of Robert Herrmann, dated April 20, 2009, directed to the Town Attorney’s office where he addresses some incomplete items in the application, specifically with respect to the current site plan. The current site plan Mr. Herrmann has told us does not include the proper designation of the natural protective features on the subject property. This letter has already been sent to the applicant for their consideration and response, so at this point I would like to submit to the Town Clerk Mr. Herrmann’s April 20, 2009 letter for the record in this proceeding and reserve the right for the Town Board to provide further comment on the application while the record is still open, following the applicant’s compliance with the recommendations Mr. Herrmann made prior to the Town Board issuing any decision on the application. I would also ask that there be a motion to adjourn this proceeding, this hearing, without date at this point because Mr. Danowski is in the hospital and I am not quite sure what his schedule is, as a courtesy to him we will just leave the matter adjourned without a date and come back with a date at the next meeting of the Town Board for a new hearing. June 2, 2009 Page 4 Minutes Southold Town Board Meeting JUSTICE EVANS: So I make a motion we adjourn the hearing until further notice. Until he is out of the hospital. COUNCILMAN WICKHAM: Is there no discussion at all on the substance of the submission? JUSTICE EVANS: Well, no because we are waiting for more information, that is basically why we re-opened it. COUNCILMAN KRUPSKI: We have the information and we are waiting for the applicant’s response. COUNCILMAN WICKHAM: And we have conveyed to the applicant the information we are looking for? TOWN ATTORNEY FINNEGAN: Yes. He already has a copy of Mr. Herrmann’s proposal. JUSTICE EVANS: And we basically re-opened the hearing so he could get on board with it. So I made a motion. COUNCILMAN KRUPSKI: I will second that. Opening Statements Supervisor Scott A Russell SUPERVISOR RUSSELL: Thank you. Let me just briefly say, before we get into the regular business, Southold Town has obviously not escaped the fiscal crisis that grips this country. With a great deal of regret and hand wringing, the Town Board today settled on the elimination of 15 full time positions and one part time position. We estimate savings to the Town of a little over $600,000 to the end of this fiscal year by making these cuts. That is not going to get the job done. We are evaluating several cost saving measures. The elimination of, suspension of all DPW type projects, asphalt, things like that, to close the gap. We continue to look, the positions we settled on today, the list may have to be revisited in the near future. We will determine that as we continue to try to find economies. Additionally, we have cut salaries of all elected and appointed and exempt officials by 3 ½ percent, throughout the balance of the year. That is 3 ½ percent on our total annual salaries and we are continuing to find economies and create, generate revenue. We deeply regret having to do this. The budget is in very poor shape, revenue continues to be virtually non-existent in the budget and we have to take action. With that being said, I would like to ask anybody at this time to come up and address the Town Board on any issue as it appears on the agenda. Melanie Norden, Greenport MELANIE NORDEN: Melanie Norden, Greenport. I haven’t had a chance to look through the Special Event, resolution 515, however, given the issues of economies, what are the charges for these very special events that the Town has? I have often noticed that the Town’s charges are really way under market and many events out here, not basically the ones for small, local organizations, but there are continuing larger organizations that are having a presence on the June 2, 2009 Page 5 Minutes Southold Town Board Meeting north fork, whether they are based here or not, really do have the money to step up to the plate and pay a much more sizable fee. And I would like to encourage you, I don’t know if there are fees in here, but to think seriously of putting yourself in the same position as any for profit business out here when they are renting a vineyard, for example, to a private affair or they are renting open space, like a field for a wedding or they are doing wedding planning or whatever, I would like to encourage you to really think seriously about competing in the open market. There is absolutely no reason why you can’t do that. You can always make an exception if an organization comes and says we have a very tiny budget or it is for a bleeding heart cause that you can’t resist. But in general, I would really like you to think about that. I mean, that is across the board for town resources. That is for permits, for yard sale permits which the fees are ridiculously low, I think. Just think seriously about all of that. I mean, it may seem like chicken feed but together and combined, those fees could add up to something sizable. So, when you are thinking about permit fees, any kind of fees, just think seriously about that but particularly for special events because it is a very big business now. if you take a look at the market and look at how much weddings for example or other events are bringing, an organization could easily bring in a half a million dollars out here for an event, so if you are charging something like $100, you are not doing the Town proud. And it could be a source of new revenue, particularly if even beyond that you seriously consider marketing some of the public places that the Town has for events. People may not even know that there are some places where they could host or hold events. And that would be relatively easy to do in terms of a marketing strategy. SUPERVISOR RUSSELL: I agree 100 percent. And the revenue side of this equation is certainly a very important component. We are looking at the issue from all facets, creating more revenue, special fee permit prices that might need to go up on that revenue side. We are going to try address all of that but I strongly support everything you said. COUNCILMAN KRUPSKI: And we did have a long discussion about that on those lines about the fees and a lot of the feeling was that people already pay taxes to maintain those beaches and those open spaces, so we don’t want to overcharge them for using it for a special event also. They are also paying for the upkeep and they paid to purchase it, so…. MS. NORDEN: So I guess you would have to analyze the market. I mean, my sense is that they are not local taxpayers in general. People that have such events out here, I mean, particularly weddings for example, where we have some public spaces, Dam Pond blah, blah, blah, blah, some really beautiful spaces. Many of these events are one offs or two offs or whatever from people that aren’t taxpayers. I mean, I agree that if it is a local taxpayer charge for a yellow bag god forbid or a beach permit, but there are many, many other ways to make money and to use public resources to generate some revenue. And I would be happy to talk about it sometime. SUPERVISOR RUSSELL: I agree. I agree very much. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board as it appears on the agenda? June 2, 2009 Page 6 Minutes Southold Town Board Meeting Bill Salmon, Southold BILL SALMON: Sorry, I am not a very good speaker. Obviously you guys made your decision, I just wondered if there was any consideration, you know, we are preserving all this land, I know you realize it comes off the tax rolls and I don’t know where, if you look back in the budget, you saw the decline and I don’t know how we got in this mess and I think it is horrible that employees here have to pay for it. I understand taxes, did you ever consider raising taxes? I understand that $40 per taxpayer, I don’t think that is too much to ask. We are one of the lowest townships as far as taxes go and to save all this land, I could care less. And a lot of people like it but we have got to pay for it somehow and it is time that you stop or raise taxes, we have got to pay for this. And I think it is sad, you are putting 15 people out in the streets and a lot of them are struggling to be here and they are natives of Southold, young people, I am sure and they are struggling to be here and you are putting them out. I think it stinks. Thank you. Tom Skabry, President CSEA TOM SKABRY: Thank you, Bill. Members of the Town Board, my name is Tom Skabry, I am president of the CSEA here in the Town of Southold. It boggles my mind, the politics you, Mr. Supervisor, have engaged in this whole entire budget process. When you sat down there, you proposed your budget of approximately 13 percent increase, you came to me, I told you that was a reasonable amount. It amazes me, the lack of leadership that you displayed by allowing Mr. Wickham and the other Town Board members to whittle that bare bones package, which you had created, and I have seen the numbers and those numbers did remain where they were, we wouldn’t be in this situation where we are. I can only fault you for not standing up to your grounds and insisting that that budget be where it should be. The rest of the Town Board members, Mr. Orlando, Mr. Ruland, I will forgive you for a small amount because you two were fairly new to the budget process but the other members, shame on you. Down right shame on you. It is irresponsible of you as elected officials of this Town to knowingly present a budget to the public that you knew was going to be under-funded. And you can’t tell me Mr. Wickham, I see you shaking your head, that you didn’t know this was going to be under-funded because at the time, we were paying darn near $4 a gallon for fuel back then, granted we are paying $2.63 a th gallon right now but you know what? The oil cartels are just going ahead and crank it up by 4 of July anyways, so we are going to be in the same boat. So you should have known that that budget was going to be under-funded to begin with. And Mr. Russell, what I will not commend you for is your flagrant disregard for respecting our workers. How dare you at an anti-bias training seminar that we had last year, which to be honest with you and I have agreed with you, we definitely needed it, to go in front of all the other coworkers who were at that seminar and actually say in one section where what separates from others, well, I know I will be here in January but the rest of you’s, I don’t know. SUPERVISOR RUSSELL: That is not what I said. MR. SKABRY: No, that is what you said. SUPERVISOR RUSSELL: No, it is not. MR. SKABRY: Inaudible. June 2, 2009 Page 7 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Actually it was with two coworkers of mine who I get along with very well, that would be Eric Haas and …. MR. SKABRY: But you know what… SUPERVISOR RUSSELL: That was the group of three of us, when we were trying to identify our differences and our similarities. And I joke with them all the time that way. MR. SKABRY: Well, you know what? That was poor timing, if that was the case, it was poor timing with other workers of the Town in that same class. All right? Irresponsible. SUPERVISOR RUSSELL: Point well taken. MR. SKABRY: All right. Now, as far as 15 positions, one full time position, unfortunately I showed up a little bit late, what are we taking from the managerial confidential? Non CSEA and PBA represented workers? SUPERVISOR RUSSELL: Three and a half percent. MR. SKABRY: You are taking away 3 ½ percent. So what you are saying is that they got a ¾ percent, for the rest of the year a ¾ percent over what they got last year? SUPERVISOR RUSSELL: No, we are taking exactly what we had given them the first of the year, which is 3 ½ percent. We are taking that back, the 3 ½ percent. We are taking back the raise, and many of those people did not get a 3 ½ percent raise at the beginning of the year. But across the board, 3 ½ percent surrender of annual salary. MR. SKABRY: Okay. Have you looked at all the stipends that this town pays out for emergency management…. SUPERVISOR RUSSELL: Yes, we did away with all of those. MR. SKABRY: For department heads. SUPERVISOR RUSSELL: Yeah, we did away with many of the stipends. Over the course of the past two years, we have done away with most stipends. There is no emergency management stipends at all. MR. SKABRY: Okay. Then how about your department head stipends? SUPERVISOR RUSSELL: Department heads generally don’t get stipends. Rare cases where someone works outside the field of what they were hired for, they would get a stipend. But a department head doesn’t get a stipend for being a department head. That is just not the case. MR. SKABRY: All right. But these people who are working outside of their titles get stipends? June 2, 2009 Page 8 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Yes. MR. SKABRY: Have you looked at taking those away? SUPERVISOR RUSSELL: Yeah, we have taken most of them away over the last two or three years. MR. SKABRY: No, what I am asking is have you considered taking them out of this last action, as far as (inaudible) your Town Board? SUPERVISOR RUSSELL: We are putting all of that on the table. Everything is on the table. This is not the only action that is going to get us to where we need to be. We have a long way to go. MR. SKABRY: Okay. SUPERVISOR RUSSELL: Stipends, everything is on the table. MR. SKABRY: Now my question that I have here is, specifically, can and I am posing this question to every single council person here, do we or do we not, whether you have to change money from one line or a couple of lines to other lines, do we or do we not have enough money to fully fund the salary obligations as included in the CSEA contract for the year without any layoffs? Mr. Wickham? COUNCILMAN WICKHAM: I don’t think we do. MR. SKABRY: Justice Evans. JUSTICE EVANS: I would agree with Tom with that answer. MR. SKABRY: But, okay. Mr. Russell. SUPERVISOR RUSSELL: I would agree with my colleagues. MR. SKABRY: Mr. Krupski. COUNCILMAN KRUPSKI: I would agree also with what my colleagues say. MR. SKABRY: Okay. Mr. Orlando. COUNCILMAN ORLANDO: Yes, we cannot make it. MR. SKABRY: Mr. Ruland. June 2, 2009 Page 9 Minutes Southold Town Board Meeting COUNCILMAN RULAND: As well. MR. SKABRY: Okay. I have a question for you, why did Mr. Cushman on Friday, inform me with a witness, via phone, that we do indeed have the funds? Have you questioned, Mr. Supervisor, since I told you this information yesterday, questioned him on it? SUPERVISOR RUSSELL: No, I haven’t. MR. SKABRY: Why not? SUPERVISOR RUSSELL: Because it is my opinion that we are in bad fiscal shape and we need to take action. The nuances of you know, is this funded, is that, it is all the same pot, it is all the same amount, it is all the same budget. It doesn’t really matter at the end of the day where you have too much and where you have too little. You have to look at this thing globally. We have no money. It is as simple as that. MR. SKABRY: Okay. Have you looked at the possibility of the need for going ahead and having them install incremental tax, incremental tax increases for 2010? SUPERVISOR RUSSELL: Incremental? MR. SKABRY: Yes. Is there any way you can adjust some of these potential or I will call them hypothetical for myself because I haven’t seen the numbers yet, these hypothetical figures so that they would not be impacted by the town until 2010. SUPERVISOR RUSSELL: I don’t know what you are talking about. First there is no such thing as incremental tax increases. You need to set the levy all on one date and send the levy out on one date. There is no such thing as incremental. So I am not sure I know what you mean. Do you mean can we absorb or delay losses into the new year? MR. SKABRY: Yes. SUPERVISOR RUSSELL: Everything is part, everything is part of the discussion. It is not, this isn’t getting us where we need to be. We have a long way to go. Everything is on the table. That is the fiscal reality. Everything is on the table. MR. SKABRY: Are you also looking into possible consolidation of departments? SUPERVISOR RUSSELL: Yes, we are. And we have already started that, the consolidation of code enforcement with building department. MR. SKABRY: Which ones? SUPERVISOR RUSSELL: Code enforcement with building department. That used to be a separate office upstairs with the attorneys’ office. We have consolidated that one into one June 2, 2009 Page 10 Minutes Southold Town Board Meeting department and eliminated one employee. MR. SKABRY: Okay. I am going to through a big one out there. Mr. Wickham, I spoke to you about this in the spring, actually fall of last year. How about the consolidation of DPW and Highway? COUNCILMAN WICKHAM: It used to be that way. It is something that I would be open to discussing with the rest of the Board. MR. SKABRY: Well, I can tell you, as not only the CSEA president but also as a worker of this town, I see a lot of duplication of services. A lot of duplications of equipment that this town could very well manage a whole lot more efficiently if those two departments were merged into one. SUPERVISOR RUSSELL: Let me just caution you, Mr. Skabry, that the consolidation, you talk about the duplication of services, those services are being performed by workers. What you are advocating is a consolidation of offices that might lead to layoffs because of excess employees in those two departments. That doesn’t seem to be in their interest. MR. SKABRY: Except for you forget one thing. SUPERVISOR RUSSELL: No, I am not. MR. SKABRY: No, you are. Or at least I haven’t explained it yet. SUPERVISOR RUSSELL: Okay. MR. SKABRY: All right. DPW currently uses a lot of contractual services, which would not have to be used, therefore the Town would not be forced to expend those monies for those contractors and keep those people who work for the Town of Southold employed. And I hope that every single one of you will look into that. Seriously look into that. COUNCILMAN WICKHAM: We can do that. MR. SKABRY: This it totally… SUPERVISOR RUSSELL: Anything you can bring to the table, we are happy to look at. MR. SKABRY: You know what? That would be wonderful, but you know what? Every time we come to the table, back in the fall, all right, knee jerk reaction. Oh, unions have got to give up their raises because they are $1,000,000 worth. Didn’t you, Mr. Supervisor, you did not tell us the dollar amount back then, all right? but you did have your crony lawyer law firm actually have the audacity to suggest to us that we allow contractors to do our work. To give up our raises, I have to address the Town Board and be careful about this, but back then you were warning about the shortfall, which amazes me because the budget was just passed. I have got to June 2, 2009 Page 11 Minutes Southold Town Board Meeting be honest with you all, something smells fishy here. Like the Town Board knowingly adopted a budget they knew was going to be under-funded and that is a shame and I hope the public remembers this when it comes to election time. This year and the next year and the year after that, and start holding our elected officials accountable for their actions. That is all I have to say because I am starting to lose my temper right now and I don’t want to say anything to put CSEA or myself in any further cause for retribution. SUPERVISOR RUSSELL: Would anybody else right now like to address the Town Board on any of the agenda items? Agenda. I would like to listen to what everybody has to say regarding these labor issues but we really would like to get the agenda resolved first and then we can get to a discussion. Okay. Peter Terranova, Peconic PETER TERRANOVA: Good afternoon, Peter Terranova from Peconic. I know we are in a difficult financial situation. I notice on the agenda here you have got resolution 2009-495, which is the summer staff recreation and I was wondering if the Town Board has looked into perhaps curtailing some of this expenditure? SUPERVISOR RUSSELL: We actually have. From December until now, we certainly culled out everything we could. There are certain obligations, when you maintain a public beach to have lifeguards. We have insurance issues to address, we have you know, certain obligations on top of that. Whatever we cull from here doesn’t really amount to much in savings. These are seasonal employees. You know, there is not huge amount of money to be gained here but we have tried to squeeze everything we could. MR. TERRANOVA: Okay. Well, I mean, it does amount to a substantial amount of money and I know it maybe won’t bridge the whole gap but it might be sufficient to retain someone’s full time position… SUPERVISOR RUSSELL: Yes. MR. TERRANOVA: In regard to the insurance regulation, the public beach at Goldsmiths Inlet is also a town beach and we don’t have lifeguards. SUPERVISOR RUSSELL: You have mentioned that in the past. We have culled through as much as we could. We didn’t pick positions we don’t think we need, we picked positions that in this difficult climate we have to surrender and still maintain at least a basic level of service to the community. MR. TERRANOVA: I am just mentioning it (inaudible). Supervisor Russell SUPERVISOR RUSSELL: Sure. Would anybody else like to address the agenda before we move forward? (No response) Hearing none. June 2, 2009 Page 12 Minutes Southold Town Board Meeting Minutes Approval RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, May 19, 2009 ? Vote Record - Acceptance of Minutes for May 19, 2009 4:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland Voter ???????? Vincent Orlando Voter ? Accepted ?????????? Accepted as Amended Albert Krupski Jr. Voter ?? Tabled ???????? Thomas H. Wickham Seconder ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Wednesday, May 27, 2009 ? Vote Record - Acceptance of Minutes for May 27, 2009 4:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland Voter ???????? Vincent Orlando Voter ? Accepted ?????????? Accepted as Amended Albert Krupski Jr. Voter ?? Tabled ???????? Thomas H. Wickham Seconder ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter V. Resolutions 2009-484 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit 6/2/09 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby June 2, 2009. ? Vote Record - Resolution RES-2009-484 ? 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 2. Comment regarding resolution #484 COUNCILMAN RULAND: Mr. Supervisor, I will need to abstain from that vote as there is a June 2, 2009 Page 13 Minutes Southold Town Board Meeting conflict of interest between myself and one of the vendors. 2009-455 Tabled 5/19/2009 4:30 PM 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-2009-455 ? 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 2009-485 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Meeting 6/16/09 7:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, June 16, 2009 at the Southold Town Hall, Southold, New York at 7:30 P. M.. ? Vote Record - Resolution RES-2009-485 ? 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 June 2, 2009 Page 14 Minutes Southold Town Board Meeting 2009-486 Tabled 5/19/2009 4:30 PM 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, 2009. ? Vote Record - Resolution RES-2009-486 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ?????????? Withdrawn Albert Krupski Jr. Voter ?? Supervisor's Appt ???????? Thomas H. Wickham Voter ?? Tax Receiver's Appt ???????? Louisa P. Evans Voter ?? Rescinded ???????? Scott Russell Voter Next: Jun 16, 2009 7:30 PM 2009-487 Tabled 5/19/2009 4:30 PM 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 June 2, 2009 Page 15 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 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 ? Vote Record - Resolution RES-2009-487 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Seconder ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? ??Albert Krupski Jr. Voter Withdrawn ?? Supervisor's Appt ???????? Thomas H. Wickham Voter ?? Tax Receiver's Appt ???????? Louisa P. Evans Voter ?? Rescinded ???????? Scott Russell Voter Next: Jun 16, 2009 7:30 PM 2009-488 CATEGORY: Grants DEPARTMENT: Town Attorney Approve Waterwash Project for Mattituck Inlet Park RESOLVEDapproves the proposal that the Town Board of the Town of Southold hereby entitled “Waterwash ™ Stormwater Education and Remediation for Mattituck Inlet Park” , subject to the terms and conditions set forth by the Town of Southold Board of Trustees. June 2, 2009 Page 16 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2009-488 ? 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 2009-489 CATEGORY: Surplus Equip - Non Usable DEPARTMENT: Data Processing Surplus Computer Equipment RESOLVEDdeclares the following that the Town Board of the Town of Southold hereby equipment to be surplus equipment: Style Service Tag Asset Class Asset Number Acquisition Date Camera 41504744 40 2381 9/10/1998 Computer 7VEVQ 44 2547 10/23/1999 Computer 7VEQL 44 2548 10/23/1999 Computer HX759 44 2437 12/22/1998 Computer UH1M0 44 2486 1/29/1999 Computer G7JPP01 NA NA NA Computer 3ISL6 NA NA 5/11/2000 Computer 9T7930B NA NA 7/20/2000 Computer GH8930B NA NA 7/20/2000 Computer FT7930B NA NA 7/20/2000 Computer 9S7930B NA NA 7/20/2000 Computer 4S7930B NA NA 7/20/2000 Computer CH8930B NA NA 7/20/2000 Computer GT7930B NA NA 7/20/2000 Computer 7S7930B NA NA 7/20/2000 Computer US30565113 NA NA NA Computer UH1M0 44 2486 1/29/1999 Fax FAX2500L NA NA NA Fax B640 NA NA NA Laptop 3006R31 44 2945 11/12/2006 Laptop 289826303502142 44 2376 8/21/1998 Laptop 838116OBYA4498A 44 2423 9/04/1998 Laptop 4TSX011 44 2745 11/18/2001 Printer MY35HF6451 NA NA NA June 2, 2009 Page 17 Minutes Southold Town Board Meeting Printer A681768292 NA NA NA Printer 02200561856 NA NA NA Printer SG37DD121Q NA NA NA Printer BS9E028015 NA NA NA Printer AADN19521 NA NA NA Printer MY09H425KR NA NA NA Scanner SG08G2601H 40 2617 10/20/2000 UPS QB0237221778 NA NA NA RESOLVED Be it further that the Town Board authorizes and directs the Town Clerk to advertise for the sale of same. ? Vote Record - Resolution RES-2009-489 ? 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 2009-490 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification - Police Fiscal Impact: Unexpected repairs on outboards have put line over-budget RESOLVEDmodifies the 2009 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.3130.4.400.600 Buoy Maintenance $1,533.54 A.3130.4.400.700 Dock Rental 750.00 $2,283.54 To: A.3130.4.400.650 Vehicle Maintenance & Repairs $2,283.54 June 2, 2009 Page 18 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2009-490 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-491 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District CBI Grinder Budget Mod Fiscal Impact: Needed to cover anticipated grinder expenses through 2009. RESOLVEDmodifies the 2009 that the Town Board of the Town of Southold hereby Solid Waste Management District budget as follows: From: SR 8160.4.100.200 (Diesel Fuel) $ 5,000 SR 8160.4.400.665 (Contracted Repairs CBI Grinder) $ 3,000 To: SR 8160.4.100.596 (Maint/Supplies CBI Grinder) $ 8,000 ? Vote Record - Resolution RES-2009-491 ? 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 2009-492 CATEGORY: Attend Seminar DEPARTMENT: Town Attorney Grants Permission to Assistant Town Attorney Lori M. Hulse to Attend the Seminar Entitled “Basic Concepts in Legal Drafting” at the Suffolk County Bar Association Center in Hauppauge, New York RESOLVEDgrants permission to that the Town Board of the Town of Southold hereby June 2, 2009 Page 19 Minutes Southold Town Board Meeting Assistant Town Attorney Lori M. Hulse to attend the seminar entitled “Basic Concepts in Legal Drafting” at the Suffolk County Bar Association Center in Hauppauge, New York , on June 16, 2009. All expenses for registration and travel are to be a charge to the 2009 Town Attorney budget. ? Vote Record - Resolution RES-2009-492 ? 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 2009-493 CATEGORY: Committee Resignation DEPARTMENT: Town Clerk Resignation of CAC Chairman RESOLVEDaccepts with regret the that the Town Board of the Town of Southold hereby resignation of Donald E. Wilder from his position on the Conservation Advisory Council, effective immediately. ? Vote Record - Resolution RES-2009-493 ? 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 13. Comment regarding resolution # 493 COUNCILMAN KRUPSKI: I would just like to thank Mr. Wilder, he served the Town very well. He was a very involved man and we were happy to have his participation for many years. 2009-494 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk Grant Permission to Court Officer Donald Sileo to Attend an Annual Recertification for Firearm Training June 2, 2009 Page 20 Minutes Southold Town Board Meeting RESOLVED grants permission to Court that the Town Board of the Town of Southold hereby Officer Donald Sileo to attend an annual recertification for firearm training, on Saturday, June 27, 2009 at the Suffolk County Sheriff’s Firearms Range in Westhampton, New York. All expenses for training to be a legal charge to the Justices 2009 budget. ? Vote Record - Resolution RES-2009-494 ? 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 2009-495 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Appoint Summer Staff - Recreation RESOLVEDappoints the following 2009 that the Town Board of the Town of Southold seasonal summer staff for the period June 27 - September 7, 2009 as follows: STILLWATER LIFEGUARDS HOURLY SALARY 1. Conor Corridan (5th year)………………………………… $13.27 2. Ivy Croteau (1st year)……………………………………… $12.17 3. Francesca Dellaquilla (3rd year)…………………………… $12.72 4. Adam Doroski (1st year)…………………………………… $12.17 5. Jordan Doroski (7th year)…………………………………. $13.82 6. Ryan Farrell (1st year)………………………………………$12.17 7. Aidan Fogarty (1st year)…………………………………… $12.17 8. Matthew Grzesik (1st year)………………………………… $12.17 9. Julianne Hall (3rd year)……………………………..………$12.72 10. Alyssa Knoernschild (3rd year)…………………………… $12.72 11. Brittany Knote (4th year)……….………………...........…. $12.99 12. Nicole Kozlowska (2nd year)……………………………. $12.44 13. Christiana Marron (3rd year)……………………………… $12.72 14. Faye Miller (3rd year)………………………………….… $12.72 15. Jessica Orlando (2nd year)……………………………….. $12.44 16. Kevin Parma (1st year)……………………………………. $12.17 17. Megan Ross (1st year)…………………………………….. $12.17 June 2, 2009 Page 21 Minutes Southold Town Board Meeting 18. Katie Scott (1st year)………………………………..…….. $12.17 19. Christie Smith (1st year)……………………………..…….. $12.17 20. Thomas Smith (3rd year)………………………………….. $12.73 BEACH ATTENDANTS 1. Krista Bracken (3rd year)……………………………….. $9.75 2. Kathleen Comando (1st year)……………………………. $9.42 3. Rick Gramazio (1st year)…………………………………. $9.42 4. Emily Hudson (2nd year)…………………………………. $9.58 5. Emily Metz (1st year)……………………………………. $9.42 6. Kevin Metz (2nd year)……………………………………. $9.58 7. John O’Donnell (1st year)…………………………………. $9.42 8. Jason Petrucci (4th year)………………………………… $9.91 RECREATION SPECIALISTS (WATER SAFETY INSTRUCTORS) 1. Dawn Silverberg (1st year)………………………….…....... $16.57 BEACH MANAGERS 1. Arthur Quintana (21st year)…………………………….. $15.94 2. Timothy McElroy (3rd year)………………………........….. $14.14 RECREATION AIDES (PLAYGROUND INSTRUCTORS) 1. Ashley Hruz (1st year)………………………………….. $11.34 2. Jacklyn Goy (1st year)…………………………………….. $11.34 LIFEGUARD TRAINER 1. Deborah Hennenlotter (8th year)……………………….. $17.49 ? Vote Record - Resolution RES-2009-495 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-496 CATEGORY: Committee Resignation DEPARTMENT: Town Clerk Rescind Resolution No. 2009-388 RESOLVEDRESCINDS Resolution No. that the Town Board of the Town of Southold hereby 2009-388 at the request of Nancy Pester: “Accept the Resignation of Nancy Pester from the Housing Advisory Commission and Direct the Town Clerk to Advertise for a New Commission Member.” June 2, 2009 Page 22 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2009-496 ? 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 2009-497 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement Between the Town of Southold and the County of Suffolk, Acting through Its Duly Constituted Sheriff’s Office RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and the County of Suffolk, acting through its duly constituted Sheriff’s Office , in connection with the NYS Office of Homeland Security Grant Program regarding grant funds in the sum of $45,000 for Operation Shield administered by the Suffolk County Sheriff’s Office in partnership with the East End Marine Task Force, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-497 ? 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 2009-498 CATEGORY: Attend Seminar DEPARTMENT: Human Resource Center Mike DeVito, Senior Cook Attend Training Fiscal Impact: Legal Charge to the Programs for the Aging Budget RESOLVED grants permission to Mike that the Town Board of the Town of Southold hereby DeVito, Senior Cook, to attend a seminar on Essential Skills for Managers/Supervisors in June 2, 2009 Page 23 Minutes Southold Town Board Meeting th Hauppauge , on June 4, 2009. All expenses for registration, travel to be a legal charge to the 2009 Programs for the Aging budget (meetings and seminars). ? Vote Record - Resolution RES-2009-498 ? 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 2009-499 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bid for Road Treatment - Item #1 RESOLVEDaccepts the that the Town Board of the Town of Southold hereby bid of Corazzini Asphalt, Inc., for furnishing and placing Bituminous Surface Treatment Liquid Asphalt Grades 50% MC-250 and 50% RC-250 with Screened Sand (“Oil and Sand”) within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: TownFishers Island (Mainland) Bituminous Surface Treatment $ 2.65 per sq. yd. $ 6.75 per sq. yd. Schim Mix Asphalt $ 84.00 per ton $ 185.00 per ton Fog Coat $ 2.00 per gallon $ 3.00 per gallon ? Vote Record - Resolution RES-2009-499 ? 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 20. Comments regarding #499 JUSTICE EVANS: I am not sure what we are doing on 499. SUPERVISOR RUSSELL: I think we need to accept the bid, it doesn't mean, this is just a price, June 2, 2009 Page 24 Minutes Southold Town Board Meeting there is no... 2009-500 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bid for Road Treatment - Item #2 RESOLVEDaccepts the bid of that the Town Board of the Town of Southold hereby Corazzini Asphalt, Inc., for furnishing and placing Bituminous Surface Treatment RC-250 Liquid Asphalt &1A Stone (“Oil and Stone”) within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: TownFishers Island (Mainland) Bituminous Surface Treatment $ 2.45 per sq. yd. $ 7.25 per sq. yd. Schim Mix Asphalt Concrete $ 71.00 per ton $ 160.00 per ton Fog Coat $ 2.00 per gallon $ 3.00 per gallon ? Vote Record - Resolution RES-2009-500 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Seconder ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-501 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bid Road Treatment - #3 Liquid Asphalt RESOLVEDaccepts the bid of that the Town Board of the Town of Southold hereby Corazzini Asphalt, Inc., for furnishing and placing Liquid Asphalt Grades RC-250 & MC- 250 within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: Town Fishers Island (Mainland) June 2, 2009 Page 25 Minutes Southold Town Board Meeting Furnish and Place $5.00 per gallon $7.00 per gallon ? Vote Record - Resolution RES-2009-501 ? 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 2009-502 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bid for Road Treatment - Item #4 RESOLVEDaccepts the bid of that the Town Board of the Town of Southold hereby Corazzini Asphalt, Inc., for furnishing and placing Hot Mix Asphalt Concrete Pavement “Type 5 Shim” Sand Mix Asphalt within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: Town Fishers Island (Mainland) Hot Mix Asphalt Concrete Pavement 3X 500-1000 tons $64.00 per ton $175.00 per ton 4X Over 1000 tons $64.00 per ton $175.00 per ton ? Vote Record - Resolution RES-2009-502 ? 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 2009-503 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bid ForRoad Treatment - Item #5 RESOLVEDaccepts the bid of that the Town Board of the Town of Southold hereby June 2, 2009 Page 26 Minutes Southold Town Board Meeting Corazzini Asphalt, Inc., for furnishing and placing Hot Mix Asphalt Concrete Pavement “Type 6 Top” within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: Town Fishers Island (Mainland) 3X 500-1000 tons $64.00 per ton $175.00 per ton 4X Over 1000 tons $64.00 per ton $175.00 per ton ? Vote Record - Resolution RES-2009-503 ? 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 2009-504 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bid for Road Treatment - Item #6 RESOLVEDaccepts thebid of that the Town Board of the Town of Southold hereby Corazzini Asphalt, Inc., for furnishing and placing Bituminous Surface Treatment RC-250 Liquid Asphalt “Oil & Recycled Stone ” within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: Town (Mainland) Bituminous Surface Treatment $ 2.05 per sq. yd. Schim Mix Asphalt Concrete $ 86.00 per ton Fog Coat $ 2.00 per gallon ? Vote Record - Resolution RES-2009-504 ? 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 June 2, 2009 Page 27 Minutes Southold Town Board Meeting 2009-505 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bid for Road Treatment - Item #7 RESOLVED thataccepts thebid of the Town Board of the Town of Southold hereby Thomas H. Gannon & Sons, Inc., for the application of Polymer Modified Emulsified Asphalt Pavement Type II Micro-Surfacing within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: Type II Micro-Surfacing $ 1.92 per sq. yd. Truing & Leveling (Type 5 - Shim) $175.00 per ton ? Vote Record - Resolution RES-2009-505 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Seconder ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-506 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bid for Road Treatment - Item #8 RESOLVEDaccepts thebid of that the Town Board of the Town of Southold hereby Corazzini Asphalt, Inc., in the amount of $59.00 per ton, for the purchase of Type 6 Top Hot Mix Asphalt to be picked up and used by the Southold Town Highway Department, , all in accordance with the bid specifications and Town Attorney. ? Vote Record - Resolution RES-2009-506 ? 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 June 2, 2009 Page 28 Minutes Southold Town Board Meeting 2009-507 CATEGORY: Trailer Permit DEPARTMENT: Town Clerk Deny the Trailer Application Submitted by Nicholas C. Papas RESOLVEDdenies the Trailer that the Town Board of the Town of Southold hereby Application submitted by Nicholas C. Papas , located at Rose Airfield, Old Main Road, Orient, SCTM No. 1000-14—2-29.4; the trailer use does not meet the criteria of the town’s policy regarding trailer permits. ? Vote Record - Resolution RES-2009-507 ? 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 2009-508 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Resign & Appoint LWRP RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby Dunewood Truglia from his position as a member of the Local Waterfront Revitalization Program (LWRP) Coordinating Council, and be it further RESOLVEDJohn Betsch be appointed to fill the vacancy effective immediately. that ? Vote Record - Resolution RES-2009-508 ? 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 June 2, 2009 Page 29 Minutes Southold Town Board Meeting 2009-509 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Reappoint Gunther Geiss and William Grigonis and Appoint Michael Kurz to the Police Advisory Committee RESOLVEDreappoints Gunther Geiss that the Town Board of the Town of Southold hereby and William Grigonis appoints Michael Kurz to the Police Advisory Committee and effective immediately through March 31, 2012 ? Vote Record - Resolution RES-2009-509 ? 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 2009-510 CATEGORY: Home Rule Request DEPARTMENT: Town Clerk Oppose A.8501 (Silver-MS)/S.5661 (Stewart-Cousins) WHEREAS, a bill has been introduced in the State Legislature as A.8501 and S.5661 WHEREAS , the bill seeks to amend the general municipal law, the municipal home rule law, the town law, the village law and the local finance law, in relation to the requirement for the consolidating or dissolving certain local government entities, and to repeal certain provisions of the town law and the village law relating thereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold, at the recommendation of the OPPOSES - A.8501 (Silver-MS)/S.5661 New York State Town Clerks Association, (Stewart-Cousins). This bill- entitled "The New NY, Government Reorganization and Citizen Empowerment Act" (hereinafter referred to as "the Act") - enables citizens, local officials and counties to consolidate, dissolve, and reorganize local government entities such June 2, 2009 Page 30 Minutes Southold Town Board Meeting as towns, village (s), fire districts, fire protection districts and special improvement districts. The Act establishes uniform procedures for local, government entities and initiative petitions of electors residing in the entities to consolidate and/or dissolve. The Southold Town Board joins with The New York State Town Clerks Association in opposing the consolidation procedures contained in the Act for the following reasons: 1) This legislation delegates the authority to abolish units of local governments to the counties. a) This legislation amends the Municipal Home Rule Law, §33-a to empower counties, by local law subject to referenda, to abolish "units of local government" when the level and quality of ongoing services of all their functions or duties are transferred. The Municipal Home Rule Law, §33-a was enacted to permit counties to transfer functions, subject to the referenda requirements of the Constitution, when such counties have not previously established an alternative form of county government, such as county executive or county manager, etc. The language of section 33-a tracks the Constitutional language in Article 9, section I (h)(1) with respect to alternative forms of county government. The wording is precise 'and identical. The Constitution, as well, as section 33-a, refer to transferring of functions or duties of a county "or of the cities, towns, villages, districts' or other units of government wholly contained in the county." The term "other units" is intended to cover a sub unit of any of these governmental entities but it is not intended to nor does it modify the preceding references to cities, towns, villages and districts. See also the limitations set forth in Municipal Home Rule Law, §34 (2)(d). Thus under this authorization (MHRL §33-a) a county which has not set up a different form of structure of county government is authorized to transfer a function in a constitutional manner by referenda provided but is not authorized to abolish an existing local government. 2) Allows for a consolidation plan to be enacted without a vote by the electorate. a) Under this bill the citizen-initiated petition process only requires 10% of the electors, or 5,000 voters, whichever is less, in each of the affected local government entities to sign a petition calling for a referendum on consolidation/dissolution. If a majority of June 2, 2009 Page 31 Minutes Southold Town Board Meeting the electorate in each entity votes in favor of consolidation/dissolution, then the entities' governing body must develop a written plan for implementation, The only vote idea required by the electorate is on the of consolidation/dissolution, NOT on the actual final plan. Citizens can weigh in during public hearings, but the local government entities do not have to submit their final plan to a public vote. Consolidation or dissolution takes effect when the governing body or bodies approve the final version of the plan. b) Even more restrictive, while it only takes 10% of the voters (and an unlimited timeframe in which to collect those signatures) to initiate the consolidation procedure, this bill requires 25% of the electorate, or 15,000 electors (and only 45 days to collect the signatures) in each local government entity, to sign a petition to require a permissive referendum on the final consolidation/dissolution plan. Therefore, this bill creates a much higher threshold to give voters the right to actually vote on the idea consolidation/dissolution plan than it does for the voters to vote on the theoretical of dissolution/consolidation without any actual information. Recommendation: c) To ensure the quality, equity and transparency of the process, voter approval of the consolidation and dissolution plan should occur in all instances, but at a minimum, it MUST occur after a final plan is drafted by the local government entity. 3) This bill allows for referenda to be held during special elections instead of general elections. a) Allowing these referenda to be held at special elections will increase costs to local governments and will, in most cases, lead to a lower voter turnout. These results actually operate against two of the stated aims of the bill, namely to lower costs to real property taxpayers through consolidation and to grant citizens a greater voice in determining these issues. It is anomalous, therefore, to adopt a procedure that would be more costly and has less citizen involvement than it otherwise could. Recommendation: b) Given the magnitude of the provisions of this bill and enormity of the impact on local governments regarding consolidation and dissolution, all required referenda should be conducted during a general election to ensure higher voter turnout and lower costs. June 2, 2009 Page 32 Minutes Southold Town Board Meeting 4) The 10% threshold for the citizens' petition initiative is too low. a) Under this bill, if two or more local governments agree to develop a plan for consolidation on their own, voters must approve the final plan by a majority. However, only 10% of the electorate must be involved to in a request to have theoretical idea of consolidation appear on the ballot. If a majority of voters think the consolidation plan is good in the abstract, the plan is then drafted and could very likely be adopted with little or no voter input into the final plan. Recommendation: b) There should be a 25% signature threshold on the citizens' initiative component of the bill. 5) There are no safeguards in the legislation to protect against voter fraud, removal of a stale signature, withdrawal of a signature, or a challenge to the validity of the petition. a) Provisions must be included to remove signatures from a petition due to time passage, invalidity or fraud. Recommendation: b) Safeguards should be included to ensure legitimate voter participation and protect the taxpayer against the waste of taxpayer funds. 6) The planning, approval and implementation timeframe should be extended to reflect real examples of prior consolidations. a) The Act provides affected local government entities with 210 days or approximately seven months to complete and approve a consolidation or dissolution plan initiated by petitioners and 270 or approximately nine months if initiated by board action. This is an extremely short timeframe to. complete such as task. The average time to complete a consolidation or dissolution study is between one to two years. Additionally, failure to comply with this short time frame could result in litigation thus redirecting taxpayer resources from core municipal services like public safety, plowing snow, providing clean drinking water or recreational services. Recommendation: b) Lengthen the timeframe within which the respective local June 2, 2009 Page 33 Minutes Southold Town Board Meeting governments have to study and adopt a consolidation plan to reflect the realities of past experiences. Government entities should be given enough time to conduct a substantive study and propose a meaningful final plan. For the reasons stated above, the Southold Town Board, OPPOSES - A.8953 (Silver-MS)/S. not 5661 (Stewart-Cousins), and respectfully urge you to pass this legislation in its current form. ? Vote Record - Resolution RES-2009-510 ? 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 2009-511 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Rescind Resolution No. 2009-408 RESOLVED rescinds resolution No. that the Town Board of the Town of Southold hereby 2009-408: “ RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for a part-time Clerk Typist for the Southold Building Department.” ? Vote Record - Resolution RES-2009-511 ? 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 2009-512 CATEGORY: Support Resolution DEPARTMENT: Town Attorney June 2, 2009 Page 34 Minutes Southold Town Board Meeting Authorizes and Directs Supervisor Scott A. Russell to Execute a Letter in Support to the New York State Department of Environmental Conservation RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute a letter in support to the New York State Department of Environmental Conservation regarding the Feasibility Study in connection with the Mattituck Inlet Project, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-512 ? 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 2009-513 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Penalties WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk A Local Law in County, New York, on the 21st day of April 2009, a Local Law entitled “ relation to Amendments to Penalties in the Southold Town Code ”and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, Now Therefor Be It RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed A Local Law in relation to Amendments to Penalties local law entitled, “ in the Southold Town Code ” reads as follows: LOCAL LAW NO. 6 of 2009 “A Local Law in relation to Amendments to Penalties in A Local Law entitled, the Southold Town Code” . June 2, 2009 Page 35 Minutes Southold Town Board Meeting BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - The Town Board has reviewed the penalties associated with violations of the Zoning Chapter of the Town Code and determined that insofar as the fines have not been updated in many years, do not reflect a fair and appropriate assessment against those in violation of this chapter, and are not consistent with the penalty schedules in other chapters in the Town Code. Therefore, the Town Board believes it necessary to increase the amounts of the fines to discourage potential violators from un-permitted and/or illegal activity and assert punitive remedy where warranted. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-33. Penalties for offenses . Any violation of any provision of this article shall be punishable in the following manner: A. First offense: by a fine of not less than $1,000 nor more than $5,000. B. Second offense and for any offense thereafter: by a fine of not less than $5,000 and not more than $10,000 for each offense. C. Any offense under this article may be punishable by revocation of an existing certificate of occupancy. D. Any individual who has violated covenants and resolutions imposed pursuant to this article shall be prohibited from further participation in ownership opportunities and benefits within an approved AHD District. §280-155. Penalties for offenses. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who any person, including an owner, contractor, agent or other person who shall fails to comply with a written order or notice of any Building Inspector, Zoning Ordinance Inspector, or Code Enforcement Officer shall, upon a first conviction thereof, be guilty of a violation, punishable by a fine of not exceeding $500 $5000 or by imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not June 2, 2009 Page 36 Minutes Southold Town Board Meeting exceeding $1,500 $10,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. 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-2009-513 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2009-514 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Yard Sales 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” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, Now Therefor Be It RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed local “A Local Law in relation to Yard Sales” law entitled, reads as follows: LOCAL LAW NO. 7 of 2009 “A Local Law in relation to Yard Sales” A Local Law entitled, . June 2, 2009 Page 37 Minutes Southold Town Board Meeting 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 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. June 2, 2009 Page 38 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2009-514 ? 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 36. Comments regarding resolution # 514 COUNCILMAN RULAND: Where did we settle on the fee? COUNCILMAN ORLANDO: We couldn't change it. COUNCILMAN WICKHAM: We didn't change it. 2009-515 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Special Events 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” and WHEREAS that the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, Now Therefor Be It RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed local “A Local Law in relation to Special Events” law entitled, reads as follows: LOCAL LAW NO. 8 of 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 June 2, 2009 Page 39 Minutes Southold Town Board Meeting 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. 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 June 2, 2009 Page 40 Minutes Southold Town Board Meeting 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: 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; June 2, 2009 Page 41 Minutes Southold Town Board Meeting (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. 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. June 2, 2009 Page 42 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2009-515 ? 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 38. Comments regarding resolution # 515 COUNCILMAN WICKHAM: For # 515, I would be open to holding it if the Board wanted to consider broadening the scope beyond wineries; of that second part. SUPERVISOR RUSSELL: Is that essential? I mean, can we presume that an ag operation is entitled to that as well? COUNCILMAN WICKHAM: If we want that, I think we should re-word it. SUPERVISOR RUSSELL: Okay. Now, would that be a substantial change? That we would have to re-notice that? TOWN ATTORNEY FINNEGAN: Well, yeah, but it is not, you can adopt the changes you have here and it doesn't, go back and do that... SUPERVISOR RUSSELL: Okay. Well, since we are going to have to do that anyway clearly, okay, for the ag operations, we will certainly make a firm commit to expand this legislation to include them as well but in the meantime, we do have the other changes that we need to get enforced because of the applications coming in for uses. So I would, again, urge us to pass as is. (After the resolution was read) COUNCILMAN RULAND: I will vote aye with the provision that the Supervisor's statement, that we are going to proceed with that and not just leave it die on the vine. The public's comments are well-taken and I think we should take that into consideration. VI. Public Hearings Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: RESOLVEDbe and hereby is declared that this meeting of the Southold Town Board Recessed at 5:05 PM in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell June 2, 2009 Page 43 Minutes Southold Town Board Meeting 1. LL Yard Sales 6/2 4:40 Pm RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Councilman Thomas Wickham NOTICE IS HEREBY GIVEN, COUNCILMAN WICKHAM: there has been presented to the th Town Board of the Town of Southold, Suffolk County, New York, on the 5 day of May 2009, a “A Local Law in relation to Yard Sales” Local Law entitled and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, 2nd day of June, 2009 at 4:40 p.m. Southold, New York, on the 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 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 June 2, 2009 Page 44 Minutes Southold Town Board Meeting 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. I have a notice here that this has appeared on the Town Clerk’s bulletin board outside, it has appeared as a legal in the Suffolk Times newspaper and I believe that those are the only notes in the file. Supervisor Scott A. Russell SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this particular local law? Melanie Norden MELANIE NORDEN: Again, Melanie Norden, Greenport. I would like you to consider adjusting the fee. You know, there are a lot of dealers out here that hold yard sales. A lot of people can afford more than $15. And if we are really talking about such a problem with our local budget, I think you could easily move that to $25, $30. It may not seem like a lot because a lot of people don’t pay attention and don’t get permits but, Betty, any idea how many permits are issued on a yearly basis? TOWN CLERK NEVILLE: I really don’t have a count, I would rather check it for you and get back to you. MS. NORDEN: Well, I am just saying, if you do do the math and if we really encourage, number one, people to actually get permits and we do enforce that and we raise the amount of money to $25 or $30, I think it is really reasonable because so many of the yard sales are done for a for profit purpose. So you might want to really consider that. COUNCILMAN ORLANDO: You are correct but there is a fine line there. if you make it too high, then they won’t get the permit and they will just have the yard sale anyway. So there is that line… June 2, 2009 Page 45 Minutes Southold Town Board Meeting MS. NORDEN: Yeah but I am not sure that it is ever a matter of money, I think it is really a matter of people’s attitudes towards the town. I think that if somebody holds a yard sale and feels that they are enjoined to get a permit because in fact they may have somebody come around and check whether they have a permit, they may get a permit or they may get a permit simply because they follow the rules and they are a good citizen or whatever but I don’t think the fee is going to make the difference. I think it is a matter of personal ethics, frankly. And I do think that whether they do that or not, I think you should make an attempt to generate more revenue any way you can and since that has been the fee for several years as I remember, it may be time to readdress the issue. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board on this particular local law? COUNCILMAN KRUPSKI: I think it is not a bad idea. I think $20 wouldn’t be unreasonable for a yard sale permit fee. COUNCILMAN ORLANDO: I agree. SUPERVISOR RUSSELL: I would consider for $20. There is a cottage industry out there of dealers that are selling at these sales but a lot of the people that get building permits are just homeowners looking to sell things. Women selling baby clothes and they have $200 worth of stuff out there. I hate to tag them for, you know, too much money. They are actually having yard sales now because they don’t have money and they are looking for options. COUNCILMAN ORLANDO: I think a $5 bump is reasonable. MS. NORDEN: Inaudible SUPERVISOR RUSSELL: I agree, but unfortunately you catch the…. UNIDENTIFIED: Can you post a limit on how many yard sales you can have a year? SUPERVISOR RUSSELL: We just increased it to two. COUNCILMAN WICKHAM: From one to two. UNIDENTIFIED: Inaudible COUNCILMAN KRUPSKI: That is a good point, too. COUNCILMAN WICKHAM: That is not a part of the legislation in front of us tonight but we can take that up and bring it forward in the future. SUPERVISOR RUSSELL: As a procedural issue, Martin, can a fee be addressed as part of this local law? June 2, 2009 Page 46 Minutes Southold Town Board Meeting TOWN ATTORNEY FINNEGAN: It would have to be re-noticed. SUPERVISOR RUSSELL: Re-noticed. I would encourage Board to pass this legislation as is and sit down and discuss fees as an entire category, particularly with the suggestion Melanie had made earlier. JUSTICE EVANS: I think it is a minor change. COUNCILMAN KRUPSKI: It seems like a minor change. JUSTICE EVANS: I think we should make….. COUNCILMAN WICKHAM: Follow Scott, we adopt it and then we take it up with the fees. SUPERVISOR RUSSELL: As a comprehensive review of all fees at the same time. COUNCILMAN WICKHAM: Yes, that is right, there are other fees, too that we could. I am with Scott on this. COUNCILMAN KRUPSKI: But your suggestion is a good one but we are going to have to follow the advice of our attorney. Which is that we can’t include it, it wasn’t noticed, we can’t include it in this legislation change. SUPERVISOR RUSSELL: But that we can act on this and then come back with a new notice along with other fees that we are discussing. Okay. UNIDENTIFIED: Inaudible. It is surprising to me that that would require going through (inaudible) they have to pass the legislation as is and they revise it? TOWN ATTORNEY FINNEGAN: Well, it is a substantive change. It there was a difference between, if it went up to $500, I think people would want to get a notice. The fact that it is a small amount of money, you know, it is not a, generally if there is any change to the law as proposed that is not just a grammatical change or something that is you know, correcting a very minor…. SUPERVISOR RUSSELL: I am going to defer to the attorney on this, to our counsel, and act on it and again, with a commitment to review fees in all areas. JUSTICE EVANS: We can table it for two weeks. SUPERVISOR RUSSELL: Is it going to be the same discussion? Then you are going to have to, I mean, we didn’t notice it two weeks from now. COUNCILMAN WICKHAM: I like the idea of taking a whole series of different fees. June 2, 2009 Page 47 Minutes Southold Town Board Meeting COUNCILMAN ORLANDO: If we have to re-notice it, let’s just go forward and approve it. SUPERVISOR RUSSELL: Okay. Can I get a motion we close this hearing? 2. PH LL 6/2/09 4:35 Pm Penalties - Zoning RESULT: CLOSED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Councilman Wickham WHEREAS, COUNCILMAN WICKHAM: there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 21st day of April 2009, a Local Law A Local Law in relation to Amendments to Penalties in the Southold Town Code entitled “” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, Now Therefore Be It RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed local A Local Law in relation to Amendments to Penalties law entitled, “ in the Southold Town Code ” reads as follows: LOCAL LAW NO. of 2009 “A Local Law in relation to Amendments to Penalties in A Local Law entitled, the Southold Town Code” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - The Town Board has reviewed the penalties associated with violations of the Zoning Chapter of the Town Code and determined that insofar as the fines have not been updated in many years, do not reflect a fair and appropriate assessment against those in violation of this chapter, and are not consistent with the penalty schedules in other chapters in the Town Code. Therefore, the Town Board believes it necessary to increase the amounts of the fines to discourage potential violators from un-permitted and/or illegal activity and assert punitive remedy where warranted. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-33. Penalties for offenses . Any violation of any provision of this article shall be punishable in the following manner: June 2, 2009 Page 48 Minutes Southold Town Board Meeting A. First offense: by a fine of not less than $1,000 nor more than $5,000. B. Second offense and for any offense thereafter: by a fine of not less than $5,000 and not more than $10,000 for each offense. C. Any offense under this article may be punishable by revocation of an existing certificate of occupancy. D. Any individual who has violated covenants and resolutions imposed pursuant to this article shall be prohibited from further participation in ownership opportunities and benefits within an approved AHD District. §280-155. Penalties for offenses. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who any person, including an owner, contractor, agent or other person who shall fails to comply with a written order or notice of any Building Inspector, Zoning Ordinance Inspector, or Code Enforcement Officer shall, upon a first conviction thereof, be guilty of a violation, punishable by a fine of not exceeding $500 $5000 or by imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $1,500 $10,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV.EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have a note from the Suffolk County Planning Commission, ‘Pursuant to the requirements of Section A-141423 of the Suffolk County administrative code, this application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant countywide impact.’ I have a note that it has appeared on the Town Clerk’s bulletin board outside and a classified Suffolk Times newspaper June 2, 2009 Page 49 Minutes Southold Town Board Meeting th on the 30 of April. And those are the only notes in the file. COUNCILMAN ORLANDO: Did we bump that one enough, Melanie? James Spanos, East Marion JAMES SPANOS: I would like to speak on this subject, please. I think that is a very unfair, unjust way to handle things on, to fine individuals that have some violations that have been in the area for years that have hardships like my family, that have been ridiculed and harassed by the Town directly and I feel that it is very unjust, it is a way that the Town can strong arm properties and drive people away from here and it is unfair, there is a lot of people in the Town that favor some people that are violating codes and from attorneys, from ex-mayors, to people that have friends out in East Marion and it is unfair, it is unjust and it is harassment. It is harassment and it is also, I am sorry, I am a little nervous, but it is a way to sort of get rid of the townies, the people that have been in the area for many years and bring in the new wave of let’s say aristocracies that are trying to take over people’s properties. COUNCILMAN WICKHAM: I would like to respond to that. When we first took this up, I shared and, I still share some of your concerns and I think that there are, there is a real danger of the town’s code being used to harass people. And I think it has happened and I think we have to be very conscious of that. At the same time, there are a handful of people in the town that just continually are difficult and are conducting activities that really aren’t legal. This law would, would give our justice court the privilege or I should say the opportunity to make a higher fine than they have been allowed to do before. But it doesn’t mean that they have to charge it. It lifts the ceiling that they can assign a fine to but they don’t have to do it. The justices still will establish the fines that they judge appropriate when they hear a case. It is really designed for the repeat offenders who are, who we didn’t feel the town’s code, it was frankly cheaper for them to pay the fine and carry on with their illegal behavior time after time. That is what this was designed for. I am very sensitive for your comments. I actually agreed with you but I think in this case, it is an appropriate step. MR. SPANOS: Fair enough. And we will leave it at that. Hopefully in the future we can all work together to better the area. SUPERVISOR RUSSELL: As an issue of clarification, there are two components to the town code. One is the building code, we actually raised those fines substantially a few years ago. The other side is the use, the zoning code. The uses are generally where we have the biggest problems in terms of code compliance. The problem is you can adjudicate cases which take forever and find out at the end of the day, the fine was $250, where someone is operating, you know, an illegal business on residential property. That is the cost of doing business and he gets to do the cycle all over again. There was no impediment, there was no consequence to the old fine schedule which is why we bumped those fines up. To give the judges the opportunity to levy higher fines for repeat offenders. Would anybody else like to address the Town Board on this particular public law? (No response) 3. LL Special Events 6/2/09 4:45 Pm COMMENTS - Current Meeting: June 2, 2009 Page 50 Minutes Southold Town Board Meeting NOTICE IS HEREBY GIVEN, COUNCILMAN WICKHAM: there has been presented to the th Town Board of the Town of Southold, Suffolk County, New York, on the 5 day of May 2009, a “A Local Law in relation to Special Events” Local Law entitled and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, 2nd day of June, 2009 at 4:45 p.m. Southold, New York, on the 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. 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 June 2, 2009 Page 51 Minutes Southold Town Board Meeting 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: 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 June 2, 2009 Page 52 Minutes Southold Town Board Meeting 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. G.Penalties for Offenses. An offense against the provisions of this Chapter shall constitute a violation of June 2, 2009 Page 53 Minutes Southold Town Board Meeting 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. I have a notice that it has appeared on the Town Clerk’s bulletin board as a legal, it has appeared th in the Suffolk Times newspaper on the 14 of May and there are not other notices in the file. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Supervisor Russell SUPERVISOR RUSSELL: Would anyone like to come up and address the Town Board on this particular issue? Melanie? Tom Skabry TOM SKABRY: Tom Skabry. I have got a question. In overview, is this directly for commercial activities? Is this for, also to include civil activities, civil disobedience activities, demonstrations for example. SUPERVISOR RUSSELL: We didn’t get into the constitutional issues when we passed this legislation. Special events that apply to the town for use of town facilities. Typically they are not for profit, some are for profit, it is to create one standard by which everything gets judged. Some are not for profit with a clear public benefit. Some are not. The idea here was to, you know, determine the difference between the Strawberry Festival which generates lots of money to local charities and an event that might be more of an exclusive nature. MR. SKABRY: All right. What if there was a, let’s say this law was enacted and I am going to give a hypothetical situation, and there was a law being presented which was for a public hearing which dealt with shutting down farms, which is not going to happen out here. There will be a law severely restricting farming activities out here and the public organized through some organization wants to hold a demonstration outside, is that something that they would have to get a permit for. SUPERVISOR RUSSELL: That is public assembly. We don’t speak to the issue of public assembly, we speak to the issue of special events as defined in the code. Things that are designed as special events, typically catered, music, those types of things. We don’t speak to the issue of public assembly. That is still a permitted, you know, nobody is trying to regulate the June 2, 2009 Page 54 Minutes Southold Town Board Meeting right to assemble, the right to speak out, the right to protest. MR. SKABRY: Okay. That, thank you for… SUPERVISOR RUSSELL: Understood. MR. SKABRY: I don’t know too much about that, I just wanted to make sure we weren’t going down the wrong road. COUNCILMAN ORLANDO: Tom, what drove this legislation here is that a lot of people from up island were coming to do fund raisers in our town, whether it is triathlons or marathons or bike things…. MR. SKABRY: Yeah. COUNCILMAN ORLANDO: And they were asking for town police escorts or blocked roads, which costs the taxpayers money. And we said we can’t do this anymore. So this legislation right now, we still let them do it but they pay a fee for a permit and also the town police let us know how much it costs to assist this and if it is $1500, they have to pay the extra $1500 to cover the police. MR. SKABRY: And it is a good control mechanism. COUNCILMAN KRUPSKI: Control and it makes the town whole when people use, and it is a review process. If it is an orderly event, they are going to be welcomed back and if it is not, they leave a lot of garbage and whatnot, then, you know, we can review that and they won’t be welcomed back. COUNCILMAN ORLANDO: And for other events, like Relay for Life, charity things, you know, we don’t charge them anything, it is a fund raiser for a great cause. We don’t do anything like that. COUNCILMAN WICKHAM: I would like to clarify, the legislation is written rather narrowly and applies really to two situations, one is it applies to events or activities occurring on public property. That means town owned or county owned municipal property. With, you know, with a lot of qualification but that is one and second one, it applies to outdoor events at a winery, for profit at which the expected attendance exceeds a certain amount. MR. SKABRY: Those are the two areas that this legislation applies to. COUNCILMAN WICKHAM: Those are the two areas that this legislation applies to. MR. SKABRY: See, that was what I was getting at. I mean, the part A that you referred to, Tom, with municipally owned properties, does that, are you also telling me that it will also include the right of way along public roads? June 2, 2009 Page 55 Minutes Southold Town Board Meeting COUNCILMAN WICKHAM: I wouldn’t interpret it that way but…. SUPERVISOR RUSSELL: A right of way along a public road would be part of the public road that is just unimproved. That is what I presume you to mean? There is, again, this law doesn’t speak to issues of assemblage or public access. It speaks to special events being held on municipal property. Actually the wineries as part of this legislation, that was part of the code that we already had. What we were fundamentally trying to change was the process by which we sort of weed through who can use Strawberry Fields and who can’t. And if we let you use it, we have to be made whole. The cost to the Town is getting pretty substantial. MR. SKABRY: Of course, also for insurance purposes. I understand. SUPERVISOR RUSSELL: Of course. MR. SKABRY: I just wanted to… SUPERVISOR RUSSELL: I am actually interested in sitting down in the very near future and talking about special events issues again, based on what Melanie suggested. MR. SKABRY: Yeah. SUPERVISOR RUSSELL: As a whole new revenue stream. In the meantime, this provides the protocol for the events that are coming in. MR. SKABRY: Okay. So if I want, all right. Thank you. Melanie Norden MELANIE NORDEN: Just a clarification, why wineries? Because if I were a winery owner, I would object to this, saying that it should be all events exceeding a certain amount of people in any place? I mean, that should include restaurants, any other place that has 400 or 500 people hanging around in an outdoor space. So you really should address that because it is prejudicial. COUNCILMAN KRUPSKI: The winery section is already in the code. MS. NORDEN: Change it. But what I am saying is, you can’t just say wineries because that is unfair and it is prejudicial to certain industries. So you may want to revisit that and say any private place, like a restaurant or any for profit place where there is a large outdoor event, number one. Number two, I do think because the fees again are in this, that you should relook at that and perhaps think about whether the organization is a for profit or not for profit, what the ticket price is, what the projected revenue is and sit down as if you really were a business. And analyze what your public space is worth and what the market will bear. It really, a large organization that has a large relay race or the American Cancer Society is well able to pay a market fee, and do in many places for event space. Maybe a small organization whose annual income is less than, say, you could put this in the code, $50,000 or $100,000 gets a free ride whether and another organization whose annual income is $5,000,000 can pay a substantial fee June 2, 2009 Page 56 Minutes Southold Town Board Meeting and they should and they do everywhere else. Now in the Town of Riverhead, the restrictions are extraordinary. So if you ever do an event at Martha Clara, which I have done, it is not just, it is the Board of Health, it is everybody and everything. And you pay through the nose and it is really, it is really codified and it is very much enacted and events (inaudible) frequently for not meeting this criteria or that criteria. So this is a business and there is a lot of money in this business and to give public spaces away or even to discourage people from using them is really not what you want to do. Again, it should be proactive, we have some beautiful public spaces, we are in the business of tourism. Yes, you can have your wedding on the beach in Southold, you can give us $1,000 and it is fine. And other people will be there swimming and if that is the atmosphere you want or if that is where you met your loved one 25 years ago and you want to, you know, share your rings again, that is great. And you can give us a certain fee. But you are missing a genuine opportunity. Special events generate millions of dollars nationwide, if not billions for organizations. So anytime you would like to sit down, I can sit down with a whole group of fundraisers if you like and maybe we can just advise the Town on how best to market your considerable assets in a fair and reasonable way to all organizations concerned. SUPERVISOR RUSSELL: Thank you. Something we would like to take up. Just on the issue of the wineries, I think, I wasn’t here when that legislation had been created years ago. But you have to remember that wineries, as ag zone properties, I think the original intent of special events was to allow them on to winery properties. It wasn’t meant to handcuff wineries while everyone else got to do what they wanted, but rather to extend a benefit to wineries at the time who only had the agricultural, the underlying agricultural zoning, not the commercial zoning that you might see at a restaurant or another place of a large gathering. I suspect that’s maybe what it was but times have changed and you are right, we should expand that to everybody. Would anybody else like to comment on this specific legislation? Prudence Heston PRUDENCE HESTON: Prudence Heston of Cutchogue. I would just ask that as you are looking at this, I do think this should be broader for all ag zoning and not just for wineries and I think that when you are looking at those fees, I do think that you have to be careful, while you are right, there is a lot of money in special events and that kind of thing, there is not a lot of money that goes to any one person. You know, there are so many different people involved in making that happen. You have the site that is getting some money, you have the tent people that are getting some money, you have got the bathrooms that are getting some money, you have got the valet parkers that are getting some money and there is no one person who is walking away with all of that money in their pocket and so it is good for the whole town to have this working and if you penalize any one group with big fees in order to make that happen, I think it will hurt the Town as a whole. SUPERVISOR RUSSELL: Thank you. I actually, I remember speaking with you months ago and just because wineries is singled out and mentioned here, I don’t presume that any ag operation couldn’t do the same thing. I don’t think that the intent of the code was to allow wineries to do it and no other ag operation. The basis of our code is ag properties all being treated the same. So I am not sure you are precluded from doing that, I think you can do it but I would defer that question to our attorney, who we are deferring a lot to tonight. June 2, 2009 Page 57 Minutes Southold Town Board Meeting MS. HESTON: Okay. Thank you very much. SUPERVISOR RUSSELL: Sure. Would anybody else like to address the Town Board on this particular local law? (No response) Closing Statements Supervisor Russell SUPERVISOR RUSSELL: I have, I don’t know if this needs a resolution or not, I just want to announce that as of June 1, 2009, Jack Sherwood who had worked for years in the Assessors Office, had been an assessor for the Village of Greenport and the Town of Southold, has over 50 years of experience that he, that we have been benefiting from every Wednesday for as long as I have been here or longer, has informed us that he is retiring effective immediately. JUSTICE EVANS: I make a motion we accept his resignation as of today. COUNCILMAN KRUPSKI: Second. SUPERVISOR RUSSELL: That is with a great regret. COUNCILMAN ORLANDO: Also, Supervisor Russell, on resolution 495, I should have recused myself on that one. There is a relative on that list. I just overlooked. SUPERVISOR RUSSELL: Okay. That concludes the business on any particular issue. Who would like to be first? Mr. Corwin? David Corwin, Greenport DAVID CORWIN: My name is David Corwin, Greenport. First I want to thank you for these new lecterns. They are much better than the old ones. I need a lot of support when I speak. (Inaudible) Vehicle and Traffic, article 9, section 381, equipment of motor vehicles and motorcycles, paragraph 11. No person shall operate a motorcycle on a highway which is 1, not equipped with a muffler, to prevent excess or (inaudible) noise 2., equipped with (inaudible) the baffle plates, screens, and other (inaudible) internal parts have been removed or altered. 3., equipped with an exhaust device without internal baffles known as straight pipes. At least 50 % of the motor cycles using the streets of Greenport have straight pipes. If you concentrate on the Harley type motorcycles, at 75 % of the machines have straight pipes. The operators revel in their flaunting of New York state vehicle and traffic law, after all, they are rebels. The noise made by these machines is a blight on Greenport and Southold Town. I can’t mention motorcycles to anyone without a groan and rolling of eyes. The operators of these machines are inconsiderate and extreme. The Southold Town police spent most of last week setting up vehicle check points and handing out tickets for no seat belts. Last year, the Southold Town police set up a check point at the intersection of Main and Broad Streets in Greenport, possibly set up there to placate me. It was a poor choice of location, the intersection of Main and First Streets would have made more sense. You can see all the way to Broad Street from their favorite destination on Main Street, south of Front Street. I could discern no effect from this checkpoint. The volume of motorcycle traffic and noise from the last years attempt in vehicle and traffic June 2, 2009 Page 58 Minutes Southold Town Board Meeting enforcement. Motorcycles with straight pipes, clearly illegal, ride by the Southold Town police with no concern. When is the Southold Town police department going to take motorcycles with straight pipes seriously? When is the Town Board going to demand that Southold Town police enforce vehicle and traffic laws as it relates to motorcycles and straight pipes? I would suggest members of the Southold Town Board spend an hour in Greenport on any sunny Sunday afternoon from now until November and experience motorcycles with straight pipes themselves. Thank you. SUPERVISOR RUSSELL: Thank you. Would anyone else like to come up and address the Town Board? Bill? William D. Moore, Southold BILL MOORE: Good afternoon, Bill Moore, Terry Lane, Southold. I come with a friendly face, as a friendly face. I have served up there with you guys in the past, don’t fear, I am not running for anything, I am not seeking any public office. I watch with interest and concern the budget struggles you are all going through. As you know, I served up there for eight years, I did my share of the budgets. I am just finishing up eight years with the community college where we did our share of the budgets. I understand the struggles and difficulties that you have. I am not sure you have heard the voice of taxpayers but as you contemplate laying off 15 people, 16 people, the impact on those people and their families is devastating. I am told, and I don’t have the numbers to back this up and I am sure Mr. Cushman and the Assessor’s can help you with this, that on a taxpayer wide basis, the average taxpayer is looking at $45, $50, $55 a year as the balancing number to make that work. This is what is being tossed around out in Town Hall and unfortunately I didn’t want to bother John today, I tried to come hear his presentation, I must have misread the schedule, when he was due to come in. but my purpose for speaking is to say, include the taxpayer. Don’t be afraid. It doesn’t really matter how you got to the place you are today, you are here. Whether revenue numbers didn’t meet expectations, whether, you all know what went on last fall, I don’t care. You are where you are. But do not be afraid to share with your neighbors. These are our neighbors. We are happy to do it and whether you needed to hear that, too often in public hearings that are very concentrated (inaudible) people come in and speak. Whether they are for something or against something and it can skew the thought process but I stand here because I am a taxpayer and say please, I mean, you balance the impact on these families versus what you have asked of the taxpayers, I think I know where your hearts would take you. Thank you. Lori Salmon, Southold LORI SALMON: My name is Lori Salmon and I live in Southold and my husband was the first one to speak at the meeting about the layoffs. Just one comment I have to make is, you know, I guess I am a little embarrassed because I am not at these meetings and this is a big issue now and I looked at your budget and I see that you are spending $800,000 on land preservation which my husband brought up. I don’t know how you can think to do that when you knew what the economy was when you put the budget together. I think that was a big mistake. You are talking about a lot of money, I mean, it is nice, everyone wants land preservation, everyone wants this little, tiny Southold to stay the way it is. I have lived here my entire life. My husband has lived here his entire life. Our parents have lived here their entire lives. But you know, there comes a point where you have to stop, where you have to say okay, we are in a mess right now and we June 2, 2009 Page 59 Minutes Southold Town Board Meeting can’t spend this money, we have to wait. So I would like you to take that into consideration. The other question I have is, these are layoffs or eliminations? SUPERVISOR RUSSELL: These are layoffs. MS. SALMON: Layoffs. And can you tell me what department the layoffs are coming from and how many from each department? SUPERVISOR RUSSELL: We were, actually just settled on positions today. We actually have a list that we need to send to civil service and to our labor counsel. Nothing is set in stone yet because we are waiting for confirmations from civil service. I will release that information as soon as we can. MS. SALMON: And when do you think you will have that information? SUPERVISOR RUSSELL: I refer that to my attorney. TOWN ATTORNEY FINNEGAN: Hopefully by tomorrow or Thursday at the latest? MS. SALMON: And when would the employees be notified? TOWN ATTORNEY FINNEGAN: Thursday or Friday at the latest. SUPERVISOR RUSSELL: As a point of clarification, I agree, I understand the issues with land preservation, I have talked to Tom Skabry about this many times. We don’t have to spend that $800,000. It won’t change our budget picture one dollar. That is committed money, voted on by the taxpayers through a community preservation initiative. We can’t touch that money for anything but preservation. East Hampton tried to, it didn’t work. That money in no way affects this. Also, I have to say, with candor, this really shouldn’t come as a surprise to anybody. It doesn’t come as a surprise to me. The money needed to run this government for the next year would have resulted in a 13.81% tax increase. I did put that on the table, that was what would have kept this town chugging along with still a great deal of challenges coming over this next year. This $1,000,000 isn’t the only challenge. It is the one that we are in, in May, dealing with issues that we really should have seen coming a long time ago. MS. SALMON: Right. I understand. Another, just one more thing I would like to bring up. Do part time employees get benefits and are they fully funded by the Town? SUPERVISOR RUSSELL: In most cases, part timers do not get benefits. There is the case of one contractual employee who works part time who does receive medical benefits. It is a professional field. All other part timers, no, as much as they ask for the benefits, they are not there. MS. SALMON: They do not. June 2, 2009 Page 60 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Have to have a 35 hour work week to receive benefits. MS. SALMON: Okay. Thank you. Tom Skabry TOM SKABRY: How are you doing, Mr. Russell. You had mentioned that there was one contractual part-time employee that gets medical benefits. Who is this? SUPERVISOR RUSSELL: That would be the assistant Town Attorney. MR. SKABRY: So we have a part time employee of the Town who is getting medical benefits and nobody else in the Town of Southold? SUPERVISOR RUSSELL: To my knowledge, the only part-timer receiving that would be the Town Attorney. The assistant Town Attorney. MR. SKABRY: It is kind of funny because I remember sitting down in negotiations and we raised this question and the answer was no, no part-timers got medical benefits. How much is this medical benefit worth? SUPERVISOR RUSSELL: To each family? I don’t know if she takes it as a single or a family but it costs this town about $20,600 to insure each family on the payroll. Each year, for medical benefits. That is not counting retirement or anything else we have to pay into. That is just for the medical benefits. MR. SKABRY: I am just asking specifically, medical insurance. SUPERVISOR RUSSELL: About $20,600 per family. MR. SKABRY: I think it would be appropriate for this Board to really revisit that issue, considering that if you are going to be laying off 15 full time employees of the Town and supposedly one part-timer, which I can’t see civil service allowing that. And the other thing, too is, I would like to put a question out there. How much are we paying for legal counsel? And I will help you out here, how much are we paying for your so-called special labor counsel? Which I would give him a different title but how much are we paying them a year? SUPERVISOR RUSSELL: I can’t answer that. I think our budget for professional services is about $60,000 to $80,000. Much of the special counsel we get for the protection of the town such as article 78’s etc., is covered by insurance. Some is not. Our labor counsel gets paid. I don’t know what his invoices are this year but I will certainly provide you with the information tomorrow. MR. SKABRY: That would be great. All right. Thank you. SUPERVISOR RUSSELL: Sure. June 2, 2009 Page 61 Minutes Southold Town Board Meeting Melanie Norden MS. NORDEN: As many people probably came tonight are pretty shocked by this announcement and I couldn’t agree more with Bill that it would be great if you thought that any of these decisions could be part of a public dialogue, which I think they really should be. But even making an announcement out of context is really difficult for us to understand, so let’s walk back a bit and find out, what is our projected budget for this year? What is our budget for this year? SUPERVISOR RUSSELL: On the taxable side? About $34,000,000-$35,000,000. MS. NORDEN: Okay, and what is your projected shortfall as of now or if you have a shortfall projected, is it for now or is it for the rest of the year or…. SUPERVISOR RUSSELL: Presuming the status quo, it is projected out to the end of the year, presuming the status quo which is very, very thorny presumption. Our budget shortfall right now in terms of interest received, revenue, would be a little bit less than $1.1 million. MS. NORDEN: Okay. And you, by eliminating these positions you are saving what? SUPERVISOR RUSSELL: About $625,000 fiscal, effective date would be August 1 and that would carry us through fiscal 2009 at a savings of about $625,000. that is for salaries and cost for benefits. MS. NORDEN: Okay. And then the other $500,000? How are you going to make up that? SUPERVISOR RUSSELL: That is what we have been talking about today. We don’t have any intention on putting it all on the backs of the workers. Someone talked about it on the backs of the public. We did that. That 10% tax increase last year was a pretty substantial tax increase. MS. NORDEN: I know, Scott, except that at no time, excuse me, no time do I remember listening to any of those meetings in which it was projected that if we have a projected shortfall, the first thing to go would be to chop the heads off employees. SUPERVISOR RUSSELL: It’s certainly…. MS. NORDEN: I mean, I don’t remember any of that in that dialogue. SUPERVISOR RUSSELL: You are talking about out of context. It is certainly not the first thing to go. We have spent months, we spent last December hemming and hawing over a budget. It is a very long, drawn out process this year. We cut as many places as we could. We are continuing to cut today. We are eliminating or suspending asphalt throughout the end of the year, asphalt coverage for roads. We are doing all of that. The $600,000 to $625,000 we are going to get here gets us part of the way there. we are still looking at, we are eliminating some road run-off mitigation which I hate to suggest we are but all these public work projects, we are going to suspend or delay because of that. We are trying to find savings everywhere we look. June 2, 2009 Page 62 Minutes Southold Town Board Meeting MS NORDEN: But this is a very big, upfront chunk that really does affect many families locally. SUPERVISOR RUSSELL: I know. I know. MS. NORDEN: And I think that to announce it without a context for us to understand, is particularly difficult. Now in your deliberations, what were these other considerations in terms of not laying off people or not eliminating people’s jobs and doing something else and how come these something else’s that add up to the $500,000 haven’t actually been done first, rather than second. SUPERVISOR RUSSELL: They are being done at the same time. I mean… MS. NORDEN: But where are they then? I mean, I just asked you to identify that for me. SUPERVISOR RUSSELL: We are suspending asphalt, most asphalt projects throughout the end of the year. You were at many of those budget meetings. MS. NORDEN: I was. SUPERVISOR RUSSELL: You know all the things that we, the only thing that we left discretionary in the budget was the update for the comprehensive plan. And we even cut the funding for that in half. But all these other discretionary items are…. MS. NORDEN: But you did accept the bids tonight in those resolutions. Are you saying that that doesn’t matter because… SUPERVISOR RUSSELL: Well, it does because we don’t expend any money by accepting bids. We have…. MS. NORDEN: Right. But why go through the process of even putting it on… SUPERVISOR RUSSELL: We have about $175,000 left in asphalt. We have agreed to pull back about $100,000. Then from that $75,000 that he will have left to work with, he will be able to add CHIPS money to that. CHIPS money is state reimbursement for road projects. So he will still need those bids to perform, I think we have about $238,000 CHIPS money that comes from the State of New York specific to road resurfacing. He will need those bids to spend that money. And that money is state committed money for those public works projects. We can’t use that money for other things. MS. NORDEN: Okay. and how about, we have talked a lot about on the revenue side. SUPERVISOR RUSSELL: Right. June 2, 2009 Page 63 Minutes Southold Town Board Meeting MS. NORDEN: How is the Town doing with the recovery and stimulus package monies through the federal government and New York State. Have you attracted any monies to the Town…. SUPERVISOR RUSSELL: Other than two Army Corp projects, no we haven’t. we have applications in from NIMTEC for road improvement, storm water mitigation, you name it. Round abouts, we have applications in for the New York Power Association for upgrades to all the buildings for energy efficiency. We have, we are pursuing everything we can. The first round of grants for much of the stimulus money particularly through the Department of Energy was done on population counts. I have worked with Congressman Bishop and Jerry Petrella from Senator Schumer’s office on the second round where we qualify. We didn’t have the population for the first round but the second round which is competitive grants, we have applications in. we are working, we have engaged the services of a professional to help us, we are chasing down every dollar that we can. And let me just say, this wasn’t a decision, this wasn’t our first option. We looked at every single option. I deeply regret having to do any of this. MS. NORDEN: Now all of these jobs in place right now, are these people in positions now? SUPERVISOR RUSSELL: Yes. MS NORDEN: So these are not positions which haven’t been rehired which you can let become redundant? SUPERVISOR RUSSELL: No, we have on a policy of attrition we haven’t been filling positions that have gone but the rate of attrition isn’t taking place to the event that is going to close our budget gap. MS. NORDEN: Okay. And has there been any other offer to the employees? Any kind of buyout offers or anything else that would make, sweeten this package a little better than just goodbye. SUPERVISOR RUSSELL: We had, I had met with both unions early on and explained the issues to them. We are open to anything that comes our way but unilaterally we have very little opportunity before we bump into labor contracts or labor law. Unilaterally we can do very little. MS. NORDEN: So this decision is one that has been made? st SUPERVISOR RUSSELL: This is a decision that has been made. It is effective August 1. We are going through the process now to execute the decision. Again, we are going to save $625,000 plus or minus in this, we still have a lot more money that needs to be saved for the year that we are working on everyday. But the $625,000, if somebody has an idea, please bring it to me. I have been open about it since November, saying we need help, we need ideas. I have reached out to the unions in the past. This is what we can do as a Board, this is our authority. And we need to affect those savings. June 2, 2009 Page 64 Minutes Southold Town Board Meeting COUNCILMAN ORLANDO: And Melanie, we have been working all year on this. We went through cell phones with all the town employees, we went to a new cell phone plan to save money…. MS. NORDEN: I know that. COUNCILMAN ORLANDO: We went through overtime on everyone, we cut back overtime, people came for promotions and title changes, who really deserve them. But it was a 5% increase, we had to say no. MS. NORDEN: Right. COUNCILMAN ORLANDO: We cut back seminars…. MS. NORDEN: No, I understand that. But they still, you know…. COUNCILMAN ORLANDO: Inaudible MS. NORDEN: They are still going to seminars. Every time the agenda comes by…. COUNCILMAN ORLANDO: Inaudible. Because we didn’t have the money. MS. NORDEN: No, I am not saying that you haven’t tried to do that. COUNCILMAN ORLANDO: We have been working hard all year to try and nip this in the bud. It is just overwhelming. MS. NORDEN: Right. Well, I think it comes as a great disappointment to so many people and I do think that, I did not have the sense at any of those budget hearings that we would face a crisis like this. I had a sense that, yes, the budget was a 10% increase or whatever, many people squawked, as did I about that. It did come down from the projected 13%. There was at no point that I remember where the projected shortfall was anywhere near the elimination of 15 positions, which is considerable. SUPERVISOR RUSSELL: If you go back over the minutes of those meetings and go over the Suffolk Times, you will see that I said we just passed a budget, this is when this passed, that left this Town no less than $1.2-$1.3 million short for fiscal 2009. I made it clear time and time again. MS. NORDEN: Right. I am just saying that anybody envisioned the fact that that would actually be on the backs of town employees. SUPERVISOR RUSSELL: And that was the last thing anybody wanted. But $1.3 million is a substantial amount of money. We are in May and we have already hit the $1.01 million mark. June 2, 2009 Page 65 Minutes Southold Town Board Meeting MS. NORDEN: Right. So the $625,000 is the total of salaries and benefits that those 15 positions would generate between now and the end of the year. SUPERVISOR RUSSELL: The fiscal year, yeah. MS. NORDEN: Okay. Thank you. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board? Tom Skabry MR. SKABRY: Just one last thing. I hope this Town Board is going to review every single capital project which is going on in this Town. I know a couple that are going on which I have some issues with but I am not going to make them public right here. Look at all your building projects that are going on. Anything. Stop them now. Stop throwing the taxpayers money out the window, I don’t give a hoot if you guys passed a bond resolution and you started sucking money out of the bond to pay for these projects. All right? There is one, I am not going to make a mention, Town Board members, talk to Supervisor Russell, he will clue you in on what I am talking about. SUPERVISOR RUSSELL: Don’t be cryptic. I want to know… MR. SKABRY: All right. I will be open about it. SUPERVISOR RUSSELL: Oh, is it the compost bagger? MR. SKABRY: I am talking about the compost bagger machine, which the building is not constructed for, your department head speced out for this machinery, the Town foolishly spent a lot of money on this machine only to find out maybe less than a month ago that it was the wrong voltage. Now you are going to spend, what $60,000-$80,000 for a transformer. You are going to have to spec out for a new foundation at prevailing wages to have a cement slab put on that. This thing is not going to be cost beneficial. You are better off doing what you have been doing with that bagging machine the last six or eight months or for however long you have been holding on to it and just put it off until you have better financial times. This is not going to be a money making proposition. COUNCILMAN ORLANDO: I didn’t know about that. So you are saying, this is news to me, that the bagger requirement for voltage is not compatible to what is down at the landfill? MR. SKABRY: Yes. COUNCILMAN WICKHAM: What is the voltage? MR. SKABRY: 440 volts. You have to get a transformer or else you have to get a separate line down there. SUPERVISOR RUSSELL: In fairness to us, that wasn’t brought to our attention by the June 2, 2009 Page 66 Minutes Southold Town Board Meeting Department head. However, the previous Board and the current Board felt that packaging compost was one way that we could create the revenue that Melanie has talked about. It is a revenue generating, you know, and it is their compost. You are just putting it in a package that… COUNCILMAN KRUPSKI: It is more convenient to people. SUPERVISOR RUSSELL: That is more convenient. MR. SKABRY: I would agree with you but now is not the time to be spending the money on that. SUPERVISOR RUSSELL: We can withdraw that. Again, it doesn’t change the budget one dollar. It is a capital, I had actually argued to put it in the revenues. I didn’t get my way last December but again, as a capital bond, we can’t use that money for, I can’t borrow a mortgage to buy a house and then use it to pay the wages, we can’t touch that money for any other purpose. The idea was to get that up and running, so we could start generating revenue that we have already forecast into the budget. MR. SKABRY: I would agree with that but if I am not mistaken, if we take more money out of that bond, we are paying more and more money in interest. Right? SUPERVISOR RUSSELL: We don’t pay interest until 2010 on capital bonds that are exercised in 2009. MR. SKABRY: All right. but that is only another couple of months away. I would suggest on tabling spending any more money until you get an actual accounting of how much this thing is actually going to cost us, the taxpayers. COUNCILMAN KRUPSKI: We thought we did. We had long, prolonged discussions about this late last year. We had to twist the Supervisor’s arm because he didn’t think we should move ahead as quickly as we did. We wanted it up and running last winter, so that the landfill crew could be bagging compost, would be ready for sale this spring which has just passed. Right? And the building is still sitting in a pile. MR. SKABRY: And supposedly when that building was delivered the first time, it wasn’t the full building either. You guys need to have some serious accountability measures taken down at that landfill. That is all I am going to say on that. Thank you. COUNCILMAN KRUPSKI: That is a good point. SUPERVISOR RUSSELL: Okay. Benja? Benja Schwartz, Cutchogue BENJA SCHWARTZ: Good evening. It is a beautiful day even if there is no joy in Mudville. I don’t mean to make light of the plight of some of the employees, the town employees. Over the June 2, 2009 Page 67 Minutes Southold Town Board Meeting years, working with the town employees and officials, I have come across a lot of very good people. And there are some of them that probably deserve to be fired but probably those will not be the ones that get axed. I would really like to talk about something positive but I will, while we are pointing fingers at the landfill, I will note once again that for the last five years, I have been volunteering to act as a recycling coordinator. There is a position, it has been vacant for well over five years and you know, that is not going to solve the fiscal crisis. The fiscal crisis we are in probably is something bigger than we can solve but I think that if we can work together and I think some of the things we have been doing, we have to do more of. The town employees that still have jobs, I hope they will continue to work hard and maybe even harder and maybe more efficiently in some ways to try and get a, in addition to losing some of our staff are we looking at significantly reduced services from the town government. SUPERVISOR RUSSELL: You would have to presume that we cannot maintain the level of service, once we go forward with cuts. Including policing, the police department was not immune from the cuts. Policing, sector work, all of that. The cuts stretch every aspect of town government and you are going to have to assume that the level of service will not be there, although we will do the best we can. MR. SCHWARTZ: I will assume that but I am sure that as responsible officials who are proposing the cuts, you have also looked into what cuts and services will be made. SUPERVISOR RUSSELL: Yes, we have. MR. SCHWARTZ: And although there will be some inevitable cuts, I think that this is also could be looked at as an opportunity to do some reorganization, which I have been trying to promote some reorganization for the last ten years; specifically through the website. But the website mirrors the operations of all town government. It also makes it a lot simpler. You know, and less expensive. If something can be posted on line and I could just sit home on the web instead of driving over here, I save three bucks, you know, every time. Anyway, I really wanted to speak about something pleasant that happened today. This morning at the work session meeting, one of the agenda items was the New Suffolk waterfront and I am just so excited to see what happens down there and I think, you know, so many things in this town have gone down hill in the 40 plus years that I have been here. The waterfront there is pretty run down but looks like a community group is going to be turning that around and I am really happy about that, excited about their plans and you know, you were talking about special events. Maybe the town can do something, maybe there at the waterfront and you know, there is one town organization, one contractor with the town, the North Fork Animal Welfare League which has saved the town a lot of money over the years and one of the ways they have saved that money is by holding fundraisers and things. And you know, it is not, it is not impossible that the town could do something like that. In fact, the Animal Welfare League in their doing good have found a lot of people who are willing to help them. And I think that this town could do a lot more with helping businesses and would find that the businesses would be reciprocate and there would be money that would come back towards the town. If you would like more specifics, I would be happy to provide them. Just give me a call. Thank you. June 2, 2009 Page 68 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board on anything? Supt Highways Peter Harris PETER HARRIS, SUPERINTENDENT OF HIGHWAYS: Peter Harris, Superintendent of Highways, Town of Southold. I was here earlier today and I spoke earlier and I am going to speak again. And I will say the same thing I said earlier. That the $175,000 resurfacing that is in the budget, I said earlier today, if it means to save somebody their job, I am all for the Town Board removing the $175,000. Again, highway has been very conservative. In the last seven years having surplus and I would only hope, I would only hope that by the fact of being as conservative as we have been that anyone that might be targeted to be turned out of their job, that a portion of that surplus can be used to save their job. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address the Town Board on this issue? (No response) Let me just say one very quick thing. I actually, probably more than anybody here but Betty, have worked alongside of some of the people on this list for the 19 years I have been here. I was recently referred to as a career bureaucrat on a local website. I will take that bullet. I have been here a long time. It is not easy. We have some goals that we need to meet. If anybody has ideas on how we can reach those goals, please bring them forward. But I am not kidding. We have no money. That is the reality. We are open to suggestions. Melanie had a lot of good suggestions tonight. We are open to all of that. With that said, anybody else? (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 6:09 P.M. * * * * * Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell