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HomeMy WebLinkAboutTB-07/14/2009ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEET1NG Town Hall, 53095Main Road PO Box 1179 Southold, NY 11971 Fax (631)765-6145 Telephone:(631) 765-1800 southoldtown.no~hfork.net MINUTES July 14, 2009 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, July 14. 2009 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 7:30 PM with the Pledge of Allegiance to the Flag. Call to Order 7:30 PM Meeting called to order on July 14, 2009 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name William Ruland Vincent Orlando Albert Krupski Jr. Thomas H. Wickham Louisa P. Evans Scott Russell Elizabeth A. Neville Martin D. Firmegan I. Reports DPW iM~t~ly Report jUne 2~09 HRC Monthly Report June 2009 Organization Town of Southold IoWn 0f Southold Town of Southold Town of Southold Town of Southold Town of Southold Town of Southold Town of Southold Title Status Councilman Present Councilman Present Councilman Present Councilman Late Justice Present Supervisor Present Town Clerk Present Town Attorney Late Arrived Judge Bruer Monthly Report June 2009 4. Trustees Monthly Report June 2009 July 14, 2009 Page 2 Southold Town Board Meeting Minutes 5. Town Clerk Monthly Report June 2009 II. Public Notices 1. Northeast Nurseries Donation of Trees NYS Liquor License Renewals Cherry Way Restaurant Inc d/b/a Pepi's, 400 Old Main Rd., Southold Joseph Paul Winery, Inc., 18910 Middle Rd., Cutchogue Villa Michelangelo Italian Restaurant & Pizzeria Inc. d/b/a Original Michelangelo, 10095 Rt 25, Store 3, Mattituck Summer Showcase Concert Series Schedule IlL Communications IV. Discussion 1. 9:00 A.M. - Trustees & Mark Terry LWRP Reviews/Compliance Inspections 2. 9:30 A.M. - Sanford Hanauer & ARC Commercial Construction Applications 3. 9:50 Am - Peter Harris GFD request to use Strawberry Fields 4. 10:00 A.M. - Dredge Committee/Policy LWRP Dredge Windows 5. 10:30 A.M. ~ John Cushman & Noah Nadelson, MUNISTAT, Inc. multi-year budgeting 6. 11:00 A.M. ~ John Cushman Budget, especially retirement costs 7. 11:30 A.M. - Phillip Beltz - Homeless Application July 14, 2009 Page 3 Southold Town Board Meeting Minutes - Youth Bureau update - Public Discussion Forums 8. 12:00 P.M. - Melissa Spiro, Tamara Sadoo & Heather Lanza Open Development Area 9. Re-Zoning Request 10. Establishment of Recreational Marine Fishing Licenses 11. LUNCH 12. Code Committee Set Date re: Walz decision 13. 14. 15. 16. 17. 18. 19. 20. 21. Unpaid Bill to Vendor for Gravel Set Date for Local Laws Permits & Licenses for Solid Waste Disposal Special Events 1:30 P.M. - EXECUTIVE SESSION - Melissa Spiro Possible property acquisition & Discussion of value Executive Session Labor Contract Negotiations Executive Session 3 Litigation matters Tax Cashier Position Appointment of CAC Chairperson Town Clerk to Attend Cornell Clerks' Institute Pledge to the Flag Supervisor Scott Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance to Flag. And now 1 would like to ask anyone that would like to address the Town Board on any issue as it appears on the agenda. July 14, 2009 Page 4 Southold Town Board Meeting Minutes ODenine Statements Tom Skabry, President CSEA TOM SKABRY: Tom Skabry, CSEA President. I just have, I notice here on resolution 589 is accepting the letter of intent to retire from Bill Zebroski from the Rec center. I have heard rumors and I hope it is not true, this might not be the appropriate place, but supposedly someone from management has directed him that if he chooses to rescind this, that he does not have to do in writing, verbally would be fine, if that is the case, I hope that whoever did do this from the management side and I will leave it to you folks to find out who it is, to instruct them in the correct way that it should be done. The other comment that I would like to make on resolution 599, dealing with today's fiscal issues as the Town Board says we are in this year and possibly next year, I would strongly urge that the Town Board consider placing this in such a way that it would be beneficial to the entire townspeople and not just necessarily the Youth Bureau. In my personal opinion, youth bureau should really be focused as a secondary level of importance. I think we have other issues, I understand this may very well be earmarked for substance abuse but why not just leave it in the bank and collecting interest and use those interest for other reasons or you can use the interest moneys and apply that towards use for whatever you wish. Thank you that is all I have. SUPERVISOR RUSSELL: Yeah, just to clarify that, that is actually a donation that was received years ago for the specific purpose of substance abuse in youth. The reason we appropriated, intend on appropriating that now is we found a good marriage for that. We can't use it for the general services or the general appropriations for the town. It is placed in trust for a reason. It needs to be used for the earmarked donated purpose. MR. SKABRY: Can we use it for the DARE program? SUPERVISOR RUSSELL: We don't need it for the DARE program, we actually have offset from Suffolk County. The DARE program is a joint partnership between the town and the county. What would I use it for? Payroll? MR. SKABRY: Use it for some services for buying the handouts that they give to the kids .... SUPERVISOR RUSSELL: I think Suffolk County pays for those. So, I can't use it to pay the payroll, which is the driving, expensive cost of the DARE program, the officers. But this was donated for a specific purpose and it was placed in trust for the purpose of youth substance abuse. And I can't use it for any other purpose. We can't use it for any other purpose. MR. SKABRY: Okay. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? Melanie Norden, Greenport MELANIE NORDEN: Good evening, Melanie Norden, Greenport. Can you explain resolution 587? Actually before you do, I have frequently requested that for projects like this or for July 14, 2009 Page 5 Southold Town Board Meeting Minutes anything else that is in the resolutions, that the projects be more thoroughly defined, particularly the fiscal impact and particularly in this economy. So this is more than vague. Having described the landfill last, two weeks ago as a money pit, Scott, I would like to find out a little bit more about this resolution. SUPERVISOR RUSSELL: There is an organization that is interested in assembling, I believe, about 10 megawatts of energy production on site as a solar collection center and a combination methane gas, to capture the methane gas. This letter is merely allowing them to study the feasibility of the site. MS. NORDEN: With no town investment? SUPERVISOR RUSSELL: No investment of any kind. In fact, no town commitment. It is merely a feasibility study that they are doing on their own as a private organization. They have actually reached out to five east end towns, for this adaptive muse of our capped landfills. MS. NORDEN: So it won't require the town at any future point to hire them to do anything? SUPERVISOR RUSSELL: None whatsoever. MS. NORDEN: Because there are many east end providers of services. So there is no agreement that if they do the study .... SUPERVISOR RUSSELL: No. It is merely giving them permission to use our site for a feasibility study and that is it. Nothing in the future, this encumbers us to nothing, no commitments in the future with this organization. MS. NORDEN: So what is the feasibility study and will them be any change in the terrain or anything else? SUPERVISOR RUSSELL: Well, those are the things that they are going to have to evaluate. They are going to have to look at the cap, the depth of the cap, the ability to locate solar collection photo-voltaic cells on site. The ability to produce methane gas at an accelerated rate, capture that methane gas. That is part of the electric generation facility. They have to look at the engineering, the cost involved, they have to look at the ability to get LIPA on board. Just because you are producing electric doesn't necessarily mean that LIPA is going to .... MS. NORDEN: So they initiated this, not the town? SUPERVISOR RUSSELL: No, they came to us. They came to us and they went to the other five east end towns. It is not too dissimilar to other groups in the past that have come to the town, asking for permission to utilize the site in a feasibility study. One included the site in RFP for solar collection. That was (inaudible), they didn't get the RFP bid from LIPA. But it is not too dissimilar. The idea here is to utilize the site for clean energy alternatives and perhaps generate revenue in terms of long term rent and taxes. July 14, 2009 Page 6 Southold Town Board Meeting Minutes MS. NORDEN: Well, that is the feasibility study. But I mean, will the town have the resources to pursue this kind of a project once the feasibility study .... SUPERVISOR RUSSELL: We wouldn't. It is the private group's investment. They have their own investors. We wouldn't spend a dollar. All we would be is the host. We would cut a lease agreement and then they would spend all of the money on site. That is if it is feasible. MS. NORDEN: Right. But you would be providing the land? SUPERVISOR RUSSELL: We would be providing the land, with a lease. COUNCILMAN ORLANDO: Land lease. SUPERVISOR RUSSELL: Land lease. MS. NORDEN: Right. And any concept of what the finances of that would involve? SUPERVISOR RUSSELL: That is what they are doing now. They are determining that now. COUNCILMAN ORLANDO: They said it was approximately a $60,000,000 project. This is all high tech, solar panels. We are hoping they are successful with this feasibility study and they build that there because it will generate huge revenue for us as a land lease. MS. NORDEN: Well, we don't know any of the implications in terms of health or anything else, so we can't draw on any hopeful comments until it really has been analyzed. COUNCILMAN ORLANDO: Well, that is what the feasibility study is doing. MS. NORDEN: It is really premature now. SUPERVISOR RUSSELL: Absolutely premature. MS NORDEN: My concern just is that there are lots of other organizations and once you undertake a feasibility study, I just want to make absolutely sure that this does not in any way encumber the town to go forward in phase II or phase III .... SUPERVISOR RUSSELL: Absolutely none. MS. NORDEN: Right. So that we could also, if there were another company interested or other companies interested who could provide a better opportunity for the town, this allows everything to be perfectly open and in no way... SUPERVISOR RUSSELL: And we have already had other organizations come to the town in the past, so this is yet another group that has shown an interest in the adaptable use of that site. July 14, 2009 Page 7 Southold Town Board Meeting Minutes COUNCILMAN ORLANDO: This is the third person coming forward with this and we sent him to the DEC because they need to get permits, and they never seem to come back after that. MS. NORDEN: Right. COUNCILMAN ORLANDO: So we are hopeful this company is. MS. NORDEN: Great. Okay. Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any of the resolutions? The agenda items? (No response) Hearing none. V. Resolutions 2009-584 CA TEGOR Y: Audit DEPARTMENT: Town Clerk Approve Audit 7/14/09 RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated July 14~ 2009. Vote Record - Resolution RES-2009-584 [~ Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [~ [] [] [] [] Defeated Vincent Orlando Voter I~ [] [] [] [] Tabled Albert Krupski Jr. Voter [] [] [] [] Withdrawn Thomas H. Wickham Seconder [] [] [] [] [] Supervisor's Appt Louisa P. Evans Initiator [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-585 cA TEGOR Y: DEPARTMENT: Set Meeting Town Clerk Set Next Meeting 7/28/09 4.'30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, July 28, 2009 at the Southold Town Hall, Southold, New York at 4:30 P. M.. July 14, 2009 Page 8 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2009-585 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Rulaqd Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albert Krupski Jr Voter [] [] [] [] [] Withdrawn Thomas H. Wickham Seconder [] [] [3 [] [] Supervisor's Appt Louisa P Evans Initiator [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-573 Tabled 6/30/2009 4:30 PM CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Dredging Halls Creek (Mud Creek) WHEREAS the Town of Southold has requested the County of Suffolk to dredge a navigation channel in Halls Creek (Mud Creek), Town of Southold; and WHEREAS the County of Suffolk proposes to do said dredging of Halls Creek (Mud Creek) in the Town of Southold at a nominal cost to the Town of Southold, and WHEREAS in order to accomplish said dredging, plans, specifications, agreements and other documents must be executed on behalf of the Town of Southold; and WHEREAS this approval shall remain in effect for the period of the required permits and any renewals thereof; now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute all necessary plans and specifications~ surplus material area agreements~ assurances to the County of Suffolk, license and/or dredging permit applications to Federal and State Agencies and any and all other documents that may be required to accomplish said dredging work, subject to the approval of the Town Attorney. July 14, 2009 Page 9 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2009-573 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted ~ Amended William Ruland Initiator [] [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled Albert Kmpski Jr, Voter [] [] [] [] [] Withdrawn Thomas H. Wickham Voter [] [] [] [] [] Supervisor's Appt Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt Scott Russell Voter [] [] [] [] [] Rescinded 2009-560 Tabled 6/30/2009 4.'30 PM CA TEGOR Y: Attend Seminar DEPARTMENT: Building Department Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to Zoning Inspector Damon Rallis to attend mandatory training on Existing Buildings. The training will be in Bab¥1on~ on July 2L 2009. All expenses for registration and travel to be a legal charge to the 2009 Building Department budget (meetings and seminars). · / Vote Record - Resolution RES-2009-560 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Rulmd Seconder [] [] [] [] [] Defeated Vincent Orlando Initiator [] [] [] [] Tabled Albert Krupski Jr. Voter [] [] [] [] [] Withdrawn Thomas H. Wickham Voter [] [] [] [] [] Supervisor's Appt Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-586 cA TEGOR Y: DEP~4 R TMEN T: Contracts, Lease & Agreements Community Development 2009 Southold Town Shellfish Program Fiscal Impact: 2009 Southold Town Shellfish Program at Cornell Cooperative Extension, Cedar Beach Hatchery, A. 8830. 4. 400.1 O0 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement with Cornell Cooperative Extension in connection with the 2009 Southold Town Shellfish Program, in the amount of $18,000 for the term January 1, 2009 through December 31, 2009, all in accordance with the approval of the July 14, 2009 Page 10 Southold Town Board Meeting Minutes Town Attorney. · / Vote Record - Resolution RES-2009-586 [] Adopted Yes/Aye No/Nay Abstain Absent FI Adopted as Amended William Ruined Seconder [] [] [] [] [] Defeated Vincent Orlando Initiator [] E] [] [] El fabled Albert Krupski Jr Voter [] [] [] [] [] Withdrawn Thomas H. Wickham Voter [] [] [] [] [] Supervisor's Appt Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] Statement re resolution 586 COUNCILMAN KRUPSKI: Betty, I will recuse myself as a family member is working there now. 2009-587 cA TEGOR Y: DEPARTMENT: Landfill Misc. Town Clerk Letter of Intent for Feasibility Study of Solar at Landfill RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a letter of interest permitting New Age Energy, Inc. to conduct a feasibility study for a solar farm at the Southold Town Landfill, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2009-587 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] 13 [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albert Krupski Jr. Initiator [] [] [] [] [] Withdrawn Thomas H Wickham Voter [] [] [] [] [] Supervisor's Appt Louisa P Evans Seconder [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-588 CATEGOR~ DEPARTMEN~ Surplus Equip - Non Usable Town Clerk Used Computer Equipment - Destroy WHEREAS the Town Board of the Town of Southold authorized the Town Clerk to advertise for the sale of Used Equipment, and July 14, 2009 Page 11 Southold Town Board Meeting Minutes WHEREAS, no bids were received, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby declares the Used Equipment as unusable and authorizes the destruction of same. Vote Record - Resolution RES-2009-588 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Rulmd Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albert Krupski Jr Voter [] [] [] [] [] Withdrawn [] Supervisor's Appt Thomas H. Wickham Seconder [] [] [] [] [] Tax Receiver's Appl Louisa P. Evans Initiator [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-589 CA TEGOR Y: DEPA R TMENT: Retirement/Resignation Accounting Intent to Retire - William Zebroski RESOLVED that the Town Board of the Town of Southold hereby accepts the letter of intent to retire of William Zebroski from the position of Custodial Worker I in the Department of Public Works, effective July 31, 2009. / Vote Record ~ Resolution RES-2009~589 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Rulmd Voter [] r'] E] [] [] Defeated Vincent Orlando Voter [~ [] [] [] [] Tabled [] Withdrawn Albert Krupski Jr. Voter [] [] [] [] [] Supervisor's Appt Thomas H Wickham Initiator [] F1 [] [] [] Tax Receiver's Appt Louisa P, Evans Seconder [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-590 CA TE GOR Y: DEPARTMENT: Budget Modification Accounting Budget Modification - Deputy Emergency Prep Coord RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 General Fund Whole Town budget as follows: July 14, 2009 Page 12 Southold Town Board Meeting Minutes From: A.3640.1.200.100 Emergency Preparedness, P.S. Part-time Employees Regular Earnings $ 3,000 To: A.3640.4.400.200 Emergency Preparedness, C.E. Contracted Services Deputy Coordinator $ 3,000 Vote Record - Resolution RES-2009-590 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Rulmd Initiator [] [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled Albert Kmpski Jr. Voter [] [] [] [] [] Withdrawn Thomas H. Wickham Voter [] [] [] [] [] Supervisor's Appt Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-591 CA TE GO R Y: DEPARTMENT: Bid Acceptance Town Clerk Reject Bid on Compost Bldg. Foundation RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution 2009- 534 which reads as follows~ in its entirety: RESOLVED that the Town Board of the Town of Southold hereby rejects the bid of Debut Concrete and General Contractor to construct a concrete foundation at the compost facility in Cutchogue at a cost of $29,531., all in accordance with the plans and specifications provided by the Town Engineer and with the approval of the Town Attorney. Vote Record - Resolution RES-2009-591 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Rulmad Voter [] [] [] [] [] Defeated Vincent Orlando Initiator [] [] [] [] [] Tabled [] Withdrawn Alberl Krupski Jr Seconder [] [] [] [] [] Supervisor's Appt Thomas H Wickham Voter [] [] [] [] Louisa P. Evans Voter [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-592 CATEGORY: Bid Acceptance July 14, 2009 Page 13 Southold Town Board Meeting Minutes DEPARTMENT: Town Clerk Reject All Bids Received for SWMD Found RESOLVED that the Town Board of the Town of Southold hereby rejects any and all bids received for the construction of a concrete foundation at the compost facility in Cutchogue. Vote Record - Resolution RES-2009-592 I~ Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Rulmd Seconder I~ [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albert Krupski Jr. Initiator [] [] [] [] [] Withdrawn Thomas H Wickham Voter [] [] [] [] [] Supervisor's Appt Louisa P Evans Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-593 CA TEGOR Y: Refund DEPARTMENT: Town Clerk Grant a Partial Refund of $300.00 to Steve and Olga Tenedios for Zoning Board of Appeals Permit No. 6315 RESOLVED that the Town Board of the Town of Southold hereby grants a partial refund of $300.00 to Steve and Olga Tenedios for Zoning Board of Appeals Permit No. 6315 at the recommendation of the Zoning Board because the application was withdrawn, the application is now void and no other processing to reactivate the file may follow. Vote Record - Resolution RES-2009-593 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Rultmd Voter [] El [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albert Kmpski Jr Voter ~ [] [] [] [] Withdrawn Thomas H Wickham Seconder [] [] [] [] [] Supervisor's Appt Louisa P Evans Initiator [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-594 CA TEGOR Y: DEPARTMENT: Budget Mod Assessors Budget Modification Assessors Fiscal Impact: July 14, 2009 Page 14 Southold Town Board Meeting Minutes This budget modification is to cover the expenses for our certiorari attorney. RESOLVED that the Town Board of the Town of Southold hereby modifies the Whole Town~ General Fund 2009 budget as follows: To: A1355.4.500.100 Board of Assessors Fee for Service Legal Counsel $2000.00 From: A1355.4.500.200 Board of Assessors Fee for Service Appraisals $2000.00 ~' Vote Record - Resolution RES-2009-594 1~ Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Rula~d Voter I~ [] [] [] [] Defeated Vincent Orlando Voter I~ [] [] [] [] Tabled Albert Krupski Jr Voler [] [] [] [] UI Withdrawn Thomas lt. Wickham Initiator [] [] [] [] [] Supervisor's Appt Louisa P. Evans Seconder ~] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter ~ [] [] [] 2009-595 CA TE GOR Y: DEPARTMENT: Budget Modification Fishers Island Ferry District FIFD Budget Mod Fiscal Itnpact: FROM: As of June 30. 2009, only expended 16% of budget line. TO: Additional unanticipated costs for reprogramming of ticketing and reservation systems including the kiosks and also the printing of new schedules for the new rates and summer schedule for the 2009 PEAK season. Unanticipated unemployment insurance claim which was extended into 2009. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 Fishers Island Ferry District budget as follows: FROM: SM 5710.4.000.300 Fuel Oil Vessels $20,000. TO: SM 5710.4.000.000 Ferry Operations, Other $12,000 SM 9050.8.000.000 Unemployment Insurance $8,000 July 14, 2009 Page 15 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2009-595 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Initiator [] [] [] [] Fl Defeated Vincent Orlando Seconder [] [] [] [] FI Tabled Albert Krupski Jr Voter [] [] [] [] [] Withdrawn Thomas H. Wickham Voter [] [] [] [] [] Supervisoes Appt Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-597 CA TE GOR Y: DEPA R TMENT: Contracts, Lease & Agreements Land Preservation USDA-NRCS 2009 FRPP Awarded Grant $ 771,500 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute Cooperative Agreement No. 73-2C31-9-042 between the United States of America Commodit~ Credit Corporation and the Town of Southold for the implementation of the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) 2009 Federal Farm and Ranch Lands Protection Program (FRPP) awarded grant in the amount of$771,150.00, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2009-597 [~ 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 [] Rescinded Scott Russell Voter ~ [] [] [] 2009-596 CA TE GO R Y: DEPARTMENT: Retiremenl/Resignation Accounting Intent to Retire Barbara Rudder RESOLVED that the Town Board of the Town of Southold hereby accepts the intent to retire of Barbara Rudder from the position of Administrative Assistant in the Accounting Department, effective August 10, 2009. July 14, 2009 Page 16 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2009-596 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Rulmd Voter I~ [] [] [] [] Defeated Vincent Orlando Initiator [] [] [] [] [] Tabled [] Withdrawn Albert Kmpski Jr. Seconder [] [] [] [] [] Supervisor's Appt Thomas H Wickham Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter I~ [] [] [] r-I Rescinded Scott Russell Voter [] [] [] [3 2009-598 CA TE GOR Y: DEPARTMENT: Budget Modification Land Preservation Budget Mod Laurel Lake Preserve Parking Area Grant Fiscal Impact: The Town received a grant award of $97,5OO from NYS Parks, Recreation and Historic Preservation for the Laurel Lake Preserve Area. The Laurel Lake Preserve Area is made up of properties owned by New York State, Suffolk County, the Suffolk County Water Authority and the Town of Southold. The Town is making improvements for preservation purposes within the Laurel Lake Preserve Area. Improvements included within lhe grant award will be funded by the awarded grant. The current Town budget includes the $97,500 grant award as a line item within the Community Preservation Fund Expenditure budget Worksheet. The $97,500 is a grant award, not CPF generated revenue. Parking area improvements in the amount of $1,085 are proposed for a Town owned property within the Laurel Lake Preservation Area which was not purchased with Community Preservation Funds. The grant award is not CPF generated revenue; therefore, $1,085 of the grant award is being transferred to the General Fund Whole Town budget to ensure that CPF funds are not appropriated to the improvements' on Town land which was not purchased with CPF funds. RESOLVED that the Town Board of the Town of Southold hereby modifies the Whole Town~ General Fund 2009 budget as follows: Community Preservation Fund Decrease Revenues H3.3097.20 Capital Grant, NYS Parks -- Laurel Lake Grant $1085 Decrease Appropriations H3.8710.2.400.300 Land Preservation, Capital Outlay, Laurel Lake Improvements $1085 General Fund Whole Town Increase Revenues A.3089.35 Miscellaneous State Aid, NYS Parks -- Laurel Lake Grant $1085 Increase Appropriations A.1620.2.500.670 Buildings and Grounds, Other Capital Outlay, Laurel Lake Improvements $1085 July 14, 2009 Page 17 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2009-598 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] I~ Defeated Vincent Orlando Voter [] [] [] [] Tabled Albert Krupski Jr. Voter [] [] [] El [] Withdrawn Thomas H. Wickham Seconder [] [] [] [] [] Supervisor's Appt Louisa P. Evans initiator [~ [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter ~ [] [] [] 2009-599 CA TE GOR Y: DEPA R TMENT: Budget Modification Accounting Budget Modification - Revenue for Youth Fiscal Impact: The Town has been holding the sum of $1,470.30 in "substance abuse committee" donations since the Jean Cochran administration in the Trust and Agency Fund. The Town Board shouM consider transferring these donations to the General Fund and appropriating same for the Youth Bureau to promote substance abuse prevention for local youth. RESOLVED that the Town Board of the Town of Southold hereby authorizes the transfer of the $1~470.30 earmarked "substance abuse committee" in the Trust and Agency Fund from the Trust and Agency Fund to the General Fund Whole Town's Gifts and Donations revenue aecounh A.2705.40 - Other Donations~ and be it further RESOLVED that the Town Board of the Town of Southold hereby modifies 2009 General Fund Whole Town budget as follows: Increase: Revenues: A.2705.40 Gifts and Donations, Other Donations $1,470.30 Appropriations: Increase: A.7310.4.600.100 Youth Program, C.E., Youth Program Activities $1,470.30 July 14, 2009 Page 18 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2009w599 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albeit Kmpski Jr Voter [] [] [] [] [] Withdrawn Thomas H Wickham Initiator [] [] [] [] [] Supervisor's Appl [] Tax Receiver's Appt Louisa P Evans Seconder [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-600 CATEGOR~ DEPARTMEN~ Budget Modification Town Attorney TB Budget Modification Fiscal Impact: for the purpose of consulting services provided in connection with the Bombara Coastal Erosion Management Permit Appeal RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 General Fund Whole Town budget as follows: From: A. 1990.4.100.100 Contingencies $1,500.00 T._.qo: A. 1010.4.500.300 Town Board, Environmental $1,500.00 Consultants Vote Record - Resolution RES-2009-600 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Rulmd Initiator [] [] [] Fl [] Defeated Vincent Orlando Seconder ~l [] [] [] [] Tabled Albert Krupski Jr. Voter [] FI [] [] [] Withdrawn Thomas H. Wickham Voter [] [] [] [] [] Supervisor's Appt Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [3 [] [] 2009-601 CATEGOR~ DEPARTMEN~ Employment - Town Accounting Resignation of Part-Time Account Clerk Marianne Sawicki July 14, 2009 Page 19 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Marianne Sawicki from the position of part-time Account Clerk in the Town Clerks Department, effective July 24, 2009. Vote Record - Resolution RES-2009-601 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Rulmd Voter [] [] [] [] [] Defeated Vincent Orlando Initiator [] [] [] [] [] Tabled [] Withdrawn Albert Krupski Jr Seconder [] [] [] [] [] Supervisor's Appt Thomas Il Wickham Voter [] [] [] [] [] Tax Receiver's Appt Louisa P Evans Voter [] [] [] [] [] Rescinded Scotl Russell Voter [] [] [] [] 2009-602 CATEGOR~ DEPARTMENT: Attend Seminar Town Clerk Grant Permission to Town Clerk and Records Management Assistant to Attend a New York State Archives Seminar on Preservation of Historical Records in Hauppauge, NY,, on duly 15, 2009 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town Clerk Elizabeth Neville and Records Management Assistant Stace¥ Norklun to attend a New York State Archives Seminar on Preservation of Historical Records in Hauppauge~ New York~ on July 15~ 2009. Expenses for travel to be a legal charge to the 2009 Town Clerk budget A. 1410.4.600.300 (meetings and seminars). Vote Record - Resolution RES-2009-602 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Del~ated Vincent Orlando Seconder [] [] [] [] [] Tabled [] Withdrawn Albert Krupski Jr Initiator [] (21 [] [] 0 Supervisor's Appl Thomas H. Wickham Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 23. Comments regarding resolution/1602 SUPERVISOR RUSSELL: Now is a good opportunity to mention, you know, we are under a really, really, in a tight fiscal climate. Betty Neville, our Town Clerk, Elizabeth Neville, has actually been traveling to places as far away as Comell to still participate in her regional organization of the Clerk's Association. She is doing it all at her own expense. We actually had a meeting today to discuss the issue with her. I think at this time we should just recognize Betty and thank her for her selflessness in recognizing the importance of her mission, so she is a better clerk for everybody her in Southold Town and at the same time, not putting any undue financial July 14, 2009 Page 20 Southold Town Board Meeting Minutes pressure on the Town and I want to thank her personally and I know the Board does. COUNCILMAN WICKHAM: Thank you, Betty. 2009-603 CA TEGOR Y: DEP.4 R TMEN T: Support Resolution Town Clerk Homelessness Prevention Act Agreement WHEREAS, Peconic Community Council, Inc., a non-profit organization, is submitting an application to the County of Suffolk Department of Social Services in response to a Request for Applications for Homelessness Prevention and Rapid Re-Housing Services funding under the American Recovery and Reinvestment Act of 2009. WHEREAS, the Peconic Community Council has extensive experience with the operation of homeless programs on the East End of Long Island and the County of Suffolk intends to award only one grant in the amount $478,330 for all of the Eastern Long Island. The Town Board has determined that it is in the interest of its residents to panner with East End municipalities in support of Peconic Community Council to apply for these funds to address and prevent homelessness within the region. RESOLVED, that the Town Board adopts this resolution in support of the application by the Peconic Community Council in partnership with other East End municipalities. Nothing herein shall authorize any expenditure by the Town in conjunction with this application except that the Town Board authorizes the use of staff time of the Office of Housing and Community Development and the Department of Human Services at the direction of the respective department heads for the purpose of providing for the delivery of services to the residents of the Town under this grant and to any other staff necessary to effectuate the agreement RESOLVED, that the Town Board hereby authorizes and directs Supervisor Scott Russell to sign the Partnership Memorandum of Understanding {inter-municipal agreement) which will formally ratify the individual Towns~ Villages and Authority's involvement if the grant is awarded to the Peeonic Community Council for this project pursuant to the provisions stated in the Parmership Memorandum of Understanding in a form agreed to by the Town Attorney. Vote Record - Resolution RES-2009-603 I~ Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Rulend 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 [] Rescinded Scott Russell Voter ~ E] [] [] July 14, 2009 Page 21 Southold Town Board Meeting Minutes 2009-604 CA TE GOR Y: DEPA R TMENT: Committee Appointment Town Clerk Appoint dames C. Eckert as Chairman of the Southold Town Conservation Advisory Council RESOLVED that the Town Board of the Town of Southold hereby appoints James C. Eckert as Chairman of the Southold Town Conservation Advisory Council, effective immediately. Vote Record - Resolution RES-2009-604 1~ Adopted Yes/Aye No/Nay Abstain Absent 13 Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] 'Fabled [] Withdrawn Albert Krupski Jr Voter ~ [] [] [] [] Supervisor's Appt Thomas H Wickham Initiator 1~ [] [] [] [] Tax Receiver's Appt Louisa P Evans Seconder [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-605 CA TE GOR Y: DEP,4 R TMENT: Budget Modification Accounting Budget Modification/Engagement-Multi-Year Budget Fiscal Impact: Provide an appropriation for and to engage Munistat for multi-year financial planning services as discussed with the Town Board at their duly 14 worksession. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 General Fund Whole Town budget as follows: From: A.1990.4.100.100 Contingent, C.E. Unallocated Contingencies $ 6,000 To: A.1310.4.500.600 Accounting & Finance, C.E. Multi-Year Financial Planning $ 6,000 and be it further RESOLVED that the Town Board of the Town of Southold hereby em, aces Munistat Services~ Inc. to provide multi-year financial planning services for the Town of Southold in accordance with their proposal dated June 23~ 2009 at a fee not to exceed $6~000 which shall July 14, 2009 Page 22 Southold Town Board Meeting Minutes be a legal charge to the Accounting and Finance Department's 2009 Multi-Year Financial Planning budget, A. 1310.4.500.600. Vote Record - Resolution RES-2009-605 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Rulmd Initiator [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] Fl Tabled [] Withdrawn Albert Krupski Jr Voter [] [] [] [] [] Supervisor's Appl Thomas H. Wickham Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Seconder [] [] [] [] [3 Rescinded Scott Russell Voter [] [] [] [] 2009-606 CATEGOR~ DEPARTMEN~ Legislation Town Attorney Set Public Hearing on "A Local Lav~ in Relation to the Amendment of Requirements for Issuance and Duration of Permits and Licenses for Solid Waste Disposal" WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 14th day of July, 2009, a Local Law entitled "A Local Law in relation to the Amendment of Requirements for Issuance and Duration of Permits and Licenses for Solid Waste Disposal" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the llth day of August, 2009 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to the Amendment of Requirements for Issuance and Duration of Permits and Licenses for Solid Waste Disposal" reads as follows: LOCAL LAW NO. 2009 July 14, 2009 Page 23 Southold Town Board Meeting Minutes A Local Law entitled, "A Local Law in relation to the Amendment of Requirements for Issuance and Duration of Permits and Licenses for Solid Waste Disposal". BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose - To increase the duration of permits for solid waste disposal from one year to two. II. Chapter 233 of the Code of the Town of Southold is hereby amended as follows: {}233-4. Fees; issuance and duration of permits and licenses. C. Issuance and duration of permits and/or licenses. All permits and/or licenses provided for in this article shall be issued by the Town Clerk. Residential permits shall be valid c ....... I~A t~-embes~ from the date of purchase until December 31 of the following calendar year. Commercial permits shall be valid for c,ne two years from the .......... issue date. 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-2009-606 [] Adopted Yes/Aye No/Nay Abstain Absent 0 Adopted as Amended William Ruled Voter [] [] [] [] 0 Defeated Vincent Orlando Initiator [] [] [] [] [] Tabled [] Withdrawn Albert Krupski Jr Seconder [] [] [] [] [] Supcrvisor's Appt Thomas H Wickham Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter 1~ 0 [] [] [] Rescinded Scott Russell Voter ~ 0 [] [] 2009-607 CA TEGOR Y: DEPARTMENT: Strawberry Fields Town Clerk July 14, 2009 Page 24 Southold Town Board Meeting Minutes Grant Permission to the Greenport Fire Department to Use Strawberry Fields in Mattituck for a Carnival on August 5 through 9, 2009 (Wednesday through Sunday) RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Greenport Fire Department to use Strawberry Fields in Mattituek for a Carnival on August 5 through 9~ 2009 (Wednesday through Sunday). Set-up on August 4, 2009 and breakdown on August 10, 2009, subject to the conditions of the Town Board and the approval of the Town Attorney. Applicant must file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold and the County of Suffolk as additional insured. Vote Record - Resolution RES-2009-607 El Adopted yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Rulmd Voter [] [] [] [] [] Defeated vincent Orlando Seconder [] [] [] [] [] Tabled [] Withdrawn Albert Krupski Jr. Initiator [] [] [] [] [] Supervisor's Appt Thomas H, Wickham Voter El [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter El [] [] [] [] Rescinded Scott Russell Voter El [] [] [] 2009-608 CA TEGOR Y: DEPARTMENT: Public Service Town Attomey Oppose Recreational Marine Fishing Licenses WHEREAS, the New York State Assembly is considering establishing a Recreational Marine Fishing License in A. 159-B as part of a fund raising mechanism to charge additional fees, and WHEREAS, the imposition of such a license on waters within the jurisdiction of the Town of Southold unlawfully intrudes on the Town's patent power to regulate its waterways established under the Andros Patent and attempts to limit the rights of the residents of this Town to establish their own permits and fees for fishing, and WHEREAS, the law seeks to raise money for the State of New York by dumping another permit responsibility on the Town Clerk without any compensation, and constitutes another of the unfunded state mandates that is undermining the ability of a town to control its finances, now, Therefore be it RESOLVED, that the Town Board of the Town of Southold hereby formally opposes the adoption of A.159-B as it relates to Recreational Marine Fishing Licenses and hereby directs the Town Clerk to send copies of this resolution to the legislators in this district and to the adioinin~ towns of Shelter Island and Riverhead. July 14, 2009 Page 25 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2009-608 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Rultmd Voter [] [] [] [] [] Del~ated Vincent Orlando Voter [] [] [] [] [] 'Fabled [] Withdrawn Albert Krupski Jr Voter [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Seconder [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Initiator [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 30. Comments regarding resolution # 608 SUPERVISOR RUSSELL: I am just worried that we soft-pedaled our opposition in that wording. JUSTICE EVANS: I don't think I like the wording too much but .... 2009-611 CA TE GOR Y: DEPARTMENT: Attend Seminar Town Clerk Nassau/Suffolk Town Clerk Business Meeting RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town Clerk Elizabeth Neville and Account Clerk Marianne Sawieki to attend a Nassau/Suffolk Town Clerk Business seminar on Hosted Document Management Solutions by General Code Publishers Corporation in Orient~ New York~ on June 25~ 2009. Expenses for two (2) meals to be a legal charge to the Town Clerk 2009 budget A. 1410.4.600.200(meetings and seminars). Vote Record - Resolution RES-2009-611 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled [] Withdrawn Albert Krupski Jr Voter [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Initiator [] 12] [] [] [] Tax Receiver's Appt Louisa P Evans Seconder [] [] [] [] [] Rescinded Scott Russell Voter F~ [3 [] [] 2009-609 CA TE GOR Y: D EPA R TMENT: Seqra Land Preservation P&E LLC (Peter Harbes) SEQRA July 14, 2009 Page 26 Southold Town Board Meeting Minutes WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement on a certain parcel of property owned by P&E LLC pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-120.-3-11.11. The address is 5655 Aldrich Lane. The property is located in the A-C zoning district and is on the westerly side of Aldrich Lane, approximately 1200 feet south from the intersection of Aldrich Lane and Sound Avenue in Laurel, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 18± acres (subject to survey) of the 22.17± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $65,000 (sixty-five thousand dollars) per buildable acre plus acquisition costs; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Vote Record - Resolution RES-2009-609 I~ Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruled Initiator [] [] [] [] [] Defeated [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn Albert Krupski Jr Voter [] [] [] [] [] Supe~visor's Appt Thomas H. Wickham Voter [] [] [] [] [] T~,x Receiver's Appt Louisa P Evans Voter ~ [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-610 CATEGOR~ DEPARTMEN~ Property Acquisition Purchase Land Preservation P&E LLC (Peter Harbes) Elect to Purchase WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by P&E LLC on the 14th day of July, 2009, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, at July 14, 2009 Page 27 Southold Town Board Meeting Minutes which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-120.-3-11.11. The address is 5655 Aldrich Lane. The property is located in the A-C zoning district and is on the westerly side of Aldrich Lane, approximately 1200 feet south from the intersection of Aldrich Lane and Sound Avenue in Laurel, New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 184- acres (subject to survey) of the 22.174- acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the purchase price for the easement is $65,000 (sixty-five thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its open space agricultural and acquifer recharge values; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by P&E LLC pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-120.-3-11.11. The address is 5655 Aldrich Lane. The property is located in the AoC zoning district and is on the westerly side of Aldrich Lane, approximately 1200 feet south from the intersection of Aldrich Lane and Sound Avenue in Laurel, New York. The development rights easement comprises a part of the property consisting of approximately 184- acres (subject to survey) of the 22.17± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $65,000 (sixty-five thousand dollars) per buildable July 14, 2009 Page 28 Southold Town Board Meeting Minutes acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. Town funding for this purchase is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code of the Town of Southold. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the Town Board has determined that this action is consistent with the LWRP. Vote Record - Resolution RES-2009-610 I~ Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruled Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] 'Fabled [] Withdrawn Albert Krupski Jr. Voter [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Initiator [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Seconder [] [] [] [] El Rescinded Scott Russell Voter [] [] [] [] 34. o Comments regarding resolution # 610 SUPERVISOR RUSSELL: Yes, and I want to thank the Harbes family. They have been regular participants in the preservation efforts that we have made and it is always nice to be able to do business with them. VI. Public Hearings Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Amend Resolution No. 2009-541 by Changing the Public Hearing Date and Time to July 14, 2009 at 7:32 P.M. COMMENTS - Current Meeting: RESOLVED that the Town Board of the Town of Southold hereby declares the I~ublic hearin~ on the development rights easement on agricultural land of P&E LLC is hereby declared CLOSED at 5:53 PM. COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ July 14~ 2009 at 7:32 p.m.~ Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of a development rights easement on property, owned by P&E LLC. Said property is identified as part of SCTM #1000-120.-3-11.11. The address is 5655 July 14, 2009 Page 29 Southold Town Board Meeting Minutes Aldrich Lane. The property is located in the A-C zoning district and is on the westerly side of Aldrich Lane, approximately 1200 feet south from the intersection of Aldrich Lane and Sound Avenue in Laurel, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 18± acres (subject to survey) of the 22.17± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The pumhase price is $65,000 (sixty-five thousand dollars) per buildable acre for the 18± acre easement plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its open space agricultural and aquifer recharge area values; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have a notice that it was published as a legal in the local newspaper and it has also appeared on the Town Clerk's bulletin board outside. We have already reviewed the environmental, taken the environmental resolution a few minutes ago. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this public hearing? Melissa? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Hi, Melissa Spiro, Land Preservation Coordinator. This hearing, as Councilman Wickham said, is for the town to purchase development rights easement for agricultural purposes on approximately 18 acres of the 22 acre farm. The landowner, Peter Harbes, is a third generation farmer. The farm contains prime agricultural soils and is adjacent to and in the vicinity of other active farms. The landowner is a repeat development rights seller, having sold in 2006 the development rights easement on 35 acres to the town on a farm he owns directly to the south to this farm. The negotiated purchase price is $65,000 per acre and that is in accordance of an appraisal which was completed for the property. The purchase will be funded with Community Preservation funds and a closing is expected hopefully by the end of August. The landowner is reserving from the easement an area approximately 4 acres fronting on Aldrich Lane, he is before the Planning Board for something called an open development subdivision for three residential lots within the area reserved from the easement. The open development subdivision is a subdivision meeting the requirements of a conservation subdivision whereby the landowner goes before the Planning Board for sketch plan approval now and he goes before the Town Board for the approval for the right to seek future approval of the creation of lots, in this case, the three lots and he completes the preservation, again in this case, 18 acres now. So it basically is a way to preserve at least 80% of the property now and for the landowner to seek final approval for the lots in accordance with the conservation subdivision regulations in the future. The Planning Board and the Town July 14, 2009 Page 30 Southold Town Board Meeting Minutes Board will each be holding hearings pertaining to the open development subdivision. The Land Preservation Committee and I all support this purchase and we recommend that the Town Board proceed with acquiring the easement. Of course, I need to note that the town cannot pursue our preservation efforts without the landowners and we thank Peter Harbes, who is not here tonight, for this opportunity to preserve another farm. As noted, the funding will come from the Community Preservation Fund and I would like to take this opportunity to note that the Community Preservation Fund, commonly known as the 2 % transfer tax, is a dedicated fund for preservation purposes. The purposes of the fund are to exclusively implement the Community Preservation Project Plan to acquire interests or rights in property for the preservation of our communities character, to establish a transfer of development rights bank if we have a transfer of development rights program and to provide for management and stewardship of the rights and interests acquired with the Community Preservation Fund. And funds from the Community Preservation Fund cannot be transferred to any other account for any other purpose. Thanks. SUPERVISOR RUSSELL: Thank you. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Would anyone else like to come up and address the Town Board on this particular acquisition? Mr. Harris. PETER HARRIS: I have one question. This subdivision, is this for family members only or is this building lots that they can turn around and sell privately? MS. SPIRO: Pete, this isn't a hearing on the subdivision. That will be before the Planning Board but there are no requirements as to who the lots can be sold to. There is nothing in the conservation subdivision regulations. MR. HARRIS: Okay. I am just, you know, sitting back there trying to do the math and the amount of money we are paying out and then possible three or four lot subdivision that they can put in, Melissa? MS. SPIRO: Yes. On a 22 acre farm. COUNCILMAN WICKHAM: Pete, in effect, that area has been reserved and is not part of what the town is buying. That portion is not part of the project. MR. HARRIS: Okay. COUNCILMAN WICKHAM: It is like when somebody goes in, they reserve certain part of the property and is not putting it into the program. MR. HARRIS: Okay. I am just, from my perspective, it is like a double edge sword. You know. We are paying for the development rights and then we are turning around and holding off part that we can put out to make a substantial gain. So that is, it just seems like... July 14, 2009 Page 31 Southold Town Board Meeting Minutes MS. SPIRO: Just so I can address that, the landowner has a 22 acre parcel that is zoned two acres. So he has the right to a lot more than three lots. The three lots are in conformance with a conservation subdivision which requires a minimum preservation of 80% and allows a, you need to reduce your density by 60%, so his density actually is reduced by more than 60% overall on that whole piece. So he is well within the conservation subdivision requirements. So what we are buying on our easement, we are extinguishing those rights and he is retaining his rights on the acreage he is leaving behind. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board on this particular acquisition? (No response) RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Closing Statements Supervisor Russell SUPERVISOR RUSSELL: That completes the agenda, would anyone like to come up and address the Town Board on any issue? Councilman Albert Krupsld, Jr. COUNCILMAN KRUPSKI: Before we start, I just thought of something 1 wanted to address. Pete Harris raised the question about the subdivision, the open development subdivision and the town's Community Preservation Plan and the 2% fund. And I have been the Town Board's liaison to the Land Preservation Committee for almost four years now. And it is not like this is just picked random and it is not like the Committee just made up the number and gave it to the Town Board to approve. There is a review process, the applicant comes in and Melissa Spiro has done a great job as far as Land Preservation Coordinator. And then there is an appraisal process, so there is fair market value established. So this isn't just some kind of random, willy nilly thing that you saw put up here tonight, this is a well thought out project that went through an awful lot of review by a lot of people and that is why it made it this far tonight. Councilman Vincent Orlando COUNCILMAN ORLANDO: And the yield map had 12 lots on it. The yield map. SUPERVISOR RUSSELL: Benja. Benja Schwartz BENJA SCHWARTZ: Good evening, Benja Schwartz, Cutchogue. In support of preservation and development rights purchases, I am concerned, I am unable to understand exactly what purchase of development rights means. I know it means prohibition of residential development but I really don't understand what is agriculture anymore. And with all due respect to the name Harbes, it is somewhat of a bell weather in these parts for agricultural entertainment which I have nothing against but I just think we need to plan for it, there are also some problems that I July 14, 2009 Page 32 Southold Town Board Meeting Minutes know this Town Board is looking at with agricultural operations that are essentially becoming industrial operations with huge trucking etc. and I drive one of those trucks. You know, we need them but we also need to regulate them and if we are going to pumhase the development rights, I would like to have a clearer idea of what it is that we are purchasing. COUNCILMAN KRUPSKI: There are different easements on different purchases. The county has separate easements, the town has separate easement conditions. There was a grant here that you just saw the Town accept for $771,000., that was a federal grant to help partner on a development rights purchase, the federal government has different language easements and we also are fortunate to receive through Melissa's hard work, quite a bit of money from the state also. And their easements are written differently. MR. SCHWARTZ: I wish I knew all that you know about it. SUPERVISOR RUSSELL: I want to share your concerns. I actually agree that it is getting to be a murky issue in terms of where does the agriculture stop and the post enterprise take place? When does agriculture turn into catering, that sort of thing. Those are the issues we need to wrestle with over the next few years as we try to hone our site plan process. COUNCILMAN KRUPSKI: But a lot of the, see, a lot of the activities that you are describing, that is why there is a reserved area because they would take place on an area outside of where the development rights have been purchased. There is a distinction there between what can happen there and what can happen... MR. SCHWARTZ: Is it clear that certain entertainment, say activities, cannot happen on the land that has been, the development rights have been purchased? COUNCILMAN KRUPSKI: I don't know about entertainment but there are different prohibitions about horse, different horse activities. MR. SCHWARTZ: Well, 1 don't expect all the answers tonight. I did hear that apparently the Town Board discussed this morning and agreed to spend $6,000 to hire a company to assist it to develop a multi-year financial planning policy. And this is all part of the same thing. Planning, financial planning, land use, community preservation planning. I was disappointed that the discussion on hiring this company really didn't focus on multi-year budgeting or multi-year financial planning. SUPERVISOR RUSSELL: That is exactly what it was. MR. SCHWARTZ: Ostensibly what the purpose of that was for. But there was a lot of discussion about the ability or inability in this economic climate to develop or maintain a reserve fund even if you call it a fund balance or whatever, whether the budget should be balanced or whether there should be a conservative budgeting process that we spend less than we have. I think those are very important issues and I think the whole financial planning area is very important. I am not convinced that hiring a company is going to take care of the problem. I July 14, 2009 Page 33 Southold Town Board Meeting Minutes would like to see some people more knowledgeable than me in the community get involved in this. That is difficult when the information that is necessary to do financial planning is difficult to get a hold of. I tried to look up the budget. I found last year's budget. 2008. Iit was adopted in November of 2007. That is currently on the Comptroller's webpage. I don't know what happened to the years before that. I would like to see the last 20 years of budgets up there, but certainly the current years budget should be easily available there. It does not cost, it would not cost the town anything to do that. And it would enable truly meaningful citizen participation. Citizen participation cannot be meaningful without meaningful information. We need to have, again, and I feel like a broken record when I talk about things like the website and the agenda for these Town Board meetings, but I don't see any of the important issues that I think should be on the Town Board agenda. So I don't see the content and what content I do see, I cannot understand it. What it is. The descriptions on the agenda are so vague and just general that they don't mean anything. So the only thing that we can do is just come here and sit and listen to you all talk. And talk and talk and talk. And I have been doing that for 40 years. And I would like to see us start going somewhere. I would like to see us have some real goals and adopt some policies to guide our day to day actions. I don't think that living hand to mouth and budgeting is the way to go. And I don't think that we are going to have a real multi-year budget policy in addition to the annual budget policy which is required unless you get serious about doing something. When the Comptroller came in today and said, oh, I can't do monthly budget projections, nobody questioned that. SUPERVISOR RUSSELL: No, he didn't say that. MR. SCHWARTZ: I thought that was, he said that the towns accounting department did not have the means to do projections on a monthly basis. I thought that they were doing that. I thought that I heard something about reports that were provided to the Supervisor on a monthly basis. Why aren't those posted on the website? It wouldn't cost anything, it would make them available to people who know a lot more than me. COUNCILMAN ORLANDO: Well, Benja, Munistat company was going to work with our comptroller in programming. He is going to help our comptroller put together a program for quarterly reports, so we can get quarterly reports and future reports so we can look into the future and plan for it. SUPERVISOR RUSSELL: All we talked about today was multi-year budgeting. That was the essence of the discussion. Multi-year budgeting. That was the what the discussions were with regard to fund balances and reserves and that was why .... MR. SCHWARTZ: I am just there, Scott. SUPERVISOR RUSSELL: I know. I am amazed to hear that we didn't hear the same discussion. But that is what we talked about. Multi-year budgeting. Liabilities, you know, and as I explained five times today, every budget... MR. SCHWARTZ: Can I just ask you a question? July 14, 2009 Page 34 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Well, let me finish my thought. Every budget effects future budgets, so you can't keep looking at budgets in an island. 2008 effects 2009, effects 2010. There are cumulative effects on those budgets. That is why you have to step back and look at budgets over the span of time, not just year to year to year. That is what we talked, that is why I brought them today with the comptroller, to have Munistat present the multi-year budgeting. MR. SCHWARTZ: Isn't it ironic that in a year in which the budget that was adopted, at the time it was adopted, it was pretty well recognized that it might just be a pie in the sky, that it, you know, that we weren't really looking on an annual basis. That we expected to have a budgetary shortfall this year and our fears have come true. SUPERVISOR RUSSELL: That is right. MR. SCHWARTZ: So it is easy to talk in retrospect. SUPERVISOR RUSSELL: No, I agree with you. COUNCILMAN WICKHAM: I don't agree. I don't agree. We adopted a budget last year, it was a best estimate's we had. I voted for that budget. I never would have voted for it if I, if what you said characterized my thinking. It was the best estimate that we had at that time. Nobody understood that the economy would do what it has done. And in fact, the town has been accurate in our expenditures. We have not overspent. We have been right on budget. It would be nice if it were on the web so you could trace it. Where we are short is on revenue. Specifically on mortgage tax, since there are hardly any mortgages since the economic crunch and for other reasons. But those are things that I don't think it is realistic to say we should have foreseen that. That is my opinion. MR. SCHWARTZ: Okay. Well, I don't know if we could have foreseen them but I think if multi-year budgeting perspective had been implemented to compliment the annual budgetary process which is required and I am not trying to suggest or imply that the annual budgetary required process has not been technically complied with, it has, but we live in times, I think, in which the financial situation reflects on other problems and I think we need to recognize that we, this town, is not immune from them. We are part of a larger world. You know, another thing we were spending money on tonight was, well, we shifted the budgetary amount around for the emergency preparedness. Did the emergency preparedness program react or respond in any way to the bridge that burned last Friday? SUPERVISOR RUSSELL: I don't know. MR. SCHWARTZ: Are you familiar with the incident that I am talking about? SUPERVISOR RUSSELL: To be candid, I am not. MR. SCHWARTZ: Well, we live on an island, Long Island... July 14, 2009 Page 35 Southold Town Board Meeting Minutes COUNCILMAN RULAND: Are you talking about, that occurred in another jurisdiction? That one? In the city of New York? MR. SCHWARTZ: We live on an island. COUNCILMAN RULAND: We are talking about the Town of Southold's emergency preparedness. MR. SCHWARTZ: That is right, but if you wanted to leave Long Island, you could not. All week. It was, the traffic was backed up. It took two to four, six hours longer. So I think that some awareness of that could have been implemented through our emergency preparedness. SUPERVISOR RUSSELL: You know what? With all due respect, I am going to define emergency preparedness as I see fit, when you are Supervisor, you can define it as you see fit. I really want to focus more on emergency preparedness from a town level. There are jurisdictions, it is a multi-layered, multi-mitigation hazard plan. The town has its job to do, the county does, the state does, the federal government does. I am not going to send emergency preparedness over to the Triborough bridge to see flames, that is a little outside of the reach I think of... MR. SCHWARTZ: I don't think I was asking for that. What I am asking for is to look at something that happens as a learning experience and as a way to start operating the gears so that when something that is more closer to home hits, we know how things are going to work. SUPERVISOR RUSSELL: That is what we do all the time. We have table top exercises, we actually have land and sea drills. That is what we do all the time. MR. SCHWARTZ: As my government representatives, if the Town of Southold government was on top of things, ! would have expected that they would have heard about the accident and at least monitored it and made that information available if anybody needed it. Thank you. SUPERVISOR RUSSELL: Okay. Melanie Norden MELANIE NORDEN: I just am curious as to why our comptroller feels that he is not adequate to provide these services himself but we need to hire a firm to do it? Isn't multi-year budget forecasting a standard task of a comptroller? SUPERVISOR RUSSELL: It is becoming a more standard task, not necessarily at a town level, they are not required by state law but town's are adopting those multi-year bt~dgeting plans. I think Munistat has a good track record. I think going outside for some help is a good idea. The comptroller has the day to day functions of his position. He is going to be a critical component to developing that multi-year plan but I don't think that getting some consulting to help us develop that multi-year budgeting plan is any more inappropriate than going out and getting someone to help Heather Lanza with a comprehensive plan. July 14, 2009 Page 36 Southold Town Board Meeting Minutes MS. NORDEN: I perfectly understand that but we are talking about a very particular economy where we are talking about laying off employees and we are really cutting back and first of all, $6,000 in consulting fees doesn't really go very far if you are hiring somebody competent. That is one, two, three or four days. Number one. Number two, in addressing Tom's comment, I think the issue is not whether we could have foreseen what happened in the economy, the issue is whether we will continue as a town to be dependent on the vagaries of mortgage taxes, real estate taxes and things that happen at the landfill. Also, in addition, I would agree with Benja, we keep on hearing the mortgage tax is down, real estate tax is down, the landfill revenues are down but I never hear any numbers. And when we have discussions like this, I would love to know exactly what we are talking about. Are mortgage taxes down by 20, 30, 40, 50 percent? Is the landfill down by A, B, C, D and E and if so, what are the specific plans that we make to address those issues? not just cutting back, you know, on staff or whatever but the discussions, I would agree, are vague. We do hear this as taxpayers and we don't know really how to respond because there is no specificity. Now, I also agree that, and I don't know what mechanism we could employ to do this but it wouldn't hurt to occasionally have maybe a monthly update on the broader picture. And I don't know how you would do this, if you would chose one town board meeting a month and spend 10 minutes saying these are the majors issues that we have taken a look at this particular month, in preservation, in planning, in blah, blah, blah. Down the list. Because it isn't possible if you look at the website to find out what we are really doing and all these resolutions about giving back somebody $300 for a permit are useless. I mean, who cares? I mean, I know you probably have to put them on the agendas but they are time wasters. And when we also read out a lot of the information and we keep on reading you know, the agenda resolutions ad nauseum, it also never brings a real discussion to bear. Then we all go home and it is kind of like, oh, well, hey. And we basically don't have anymore of a sense, quite honestly, of where we are going. So I don't know if that is a subject, you might want to consider having a meeting every one or two or three months where the town has an open meeting and they present what they are doing, what the town is doing as a whole, maybe particularly within the budget crisis time. We are all really concerned. But I do think specific information is really important. At least numbers. And I also believe that the comptroller and the town accountants and assessors and everyone else, could come up with in a pinched economy, a multi-year budget forecast without hiring an outside firm. Thanks. SUPERVISOR RUSSELL: With that all in mind, 1 actually just let the Board know today that I am preparing along with Philip Beltz, a power point presentation for a public meeting to get into a detailed discussion of the budget. What is right, what is wrong, the mortgage tax performance over the first (inaudible), the portion of mortgage tax to the town's overall levy, how revenue shortages effect it. You know, our post retirement liabilities, such as retirement, such as medical, to put that into something that the public can have a nice, informal discussion here, right at the meeting hall. So we are organizing that now, so I agree with you 100%. Secondly, we actually have monthly, more specific discussions with regard to where we are and where we are going. I guess the fault rests with us that we don't simply bring it here at night. But we do talk about it at work session and what we should do is take your advice and maybe announce to you when we have those monthly meetings with the comptroller, what the results of those discussions were at work session. July 14, 2009 Page 37 Southold Town Board Meeting Minutes MS. NORDEN: Well, I don't think it is just about finances. I think in general, even if you had a 10 minute summary without public comment afterwards on this is what we have been doing. Not just in this economic crisis but the broad stroke and the public meeting is great about the budgets but we all, the budget is also about all of what the town is doing and the town's programs. So an independent budget analysis, as detailed as it can be and which would be very welcome, is only the first step of beginning to understand where the town is going. SUPERVISOR RUSSELL: That is right. MS. NORDEN: And if there is any mechanism that you can put together that would help to give that overview, again, not just of the budget but what direction are we taking. SUPERVISOR RUSSELL: I think day to day decision making also that affects, you know, the budget has made us make decisions that we don't necessarily want to take and it is all intertwined and I agree 100%, we should do more of that. COUNCILMAN KRUPSKI: And maybe we could make the work session agenda available, you know, from that previous work session. I mean, today we were there from 9 to 3 and we talked about LWRP and that is a big issue that the town has been struggling with for four years. That took quite a while. We talked about dredge windows, the dredge committee was in, we talked about dredge windows, how it relates to the LWRP and the Supervisor is setting up a meeting with all the major players, the DEC, the Department of State, Federal Fish and Wildlife and the Army Corps, so we can once again try to address the changing dynamics of the dredging, the maintenance dredging. Phil Beltz gave a presentation, we talked, the Planning Department was in, we talked about open development areas which a previous Town Board had adopted but no applicant had ever chosen to apply for... MS. NORDEN: Mmmhmm. COUNCILMAN KRUPSKI: And that was a first. So, we have a very busy work session, six hours worth of work session... MS. NORDEN: Right. COUNCILMAN KRUPSKI: And you are right, the public doesn't see any of that debate and any of those decisions that go on and then you come here and we read about, you know, we are going to pay for the gravel and .... MS. NORDEN: Exactly. COUNCILMAN ORLANDO: Well, Melanie, sometimes we give too much information, sometimes we don't give enough on the resolutions. MS. NORDEN: Right. July 14, 2009 Page 38 Southold Town Board Meeting Minutes Benja Schwartz MR. SCHWARTZ: I apologize, I know 1 am a slow talker but if I could just have two minutes more. I was driving home the other night and I saw a shooting star, it was beautiful. And first I made a wish that it really was a shooting star and not just a fire work that I was hallucinating as a shooting star and then I made a wish that this Town Board would wake up and realize that we are part of the world. That the railroad has come to Southold Town. The Long Island Expressway has come to Southold Town. And the internet has come to Southold Town and modern technology is here and all of this talk, talk, talk can be complimented by a little bit of technology. When you were talking about dredging today, all you needed was someone with the sense to have a projector to show photograph of which creek you were talking about. It would have added a lot to that discussion. And you know, you do a lot of transfer of funds in different places. I noticed in the 2008 budget, there was almost $500,000 in the data processing department and I think you all know how much of that was spent on website development. Zero. Lori Salmon, Southold LORI SALMON: Lori Salmon, Southold. I just have a couple of questions, one I am sure doesn't really involve a lot of money and maybe I just heard it wrong but 2009-611 attend seminar Town Clerk, you approved and gave permission to go to a seminar that was month ago? SUPERVISOR RUSSELL: Yeah. That was to reimburse one of the attendees who is an assistant in her office, who paid for her own lunch. MS. SALMON: Oh. SUPERVISOR RUSSELL: That is basically after, they had gone to the event .... MS. SALMON: After the fact, it was put in. SUPERVISOR RUSSELL: And that was to reimburse one of the attendees for her lunch. MS. SALMON: Okay, thanks. Just my other question is, the two retirements and the resignation, will you be filling those positions? COUNCILMAN WICKHAM: Will what? MS. SALMON: Will you be filling those positions? SUPERVISOR RUSSELL: I would tell you, Lori, right now it is a very fluid time, we have a lot of decisions to make over the next few months. I can tell you we are trying to adhere to a policy of absolute attrition. One of those positions, I do not envision refilling. Actually I don't think we are in a position to fill any of them, to be frank. MS. SALMON: Okay. COUNCILMAN WICKHAM: That would be my reaction. We will have to discuss it as a board .... July 14, 2009 Page 39 Southold Town Board Meeting Minutes MS. SALMON: So at this point, you are not planning to fill them but in the future you may find that you have to, you may need to change that. SUPERVISOR RUSSELL: Well, we will take it a day at a time, a step at a time. I am hoping we can resolve things in the very near future. We will have a better picture of what our labor pool is going to look like in the next year or two. MS. SALMON: Okay, thanks. Tom Skabry, Pres CSEA TOM SKABRY: Tom Skabry again. Something that Melanie and Benja had mentioned before, Betty, hopefully you can get the Town Board on board with this. Why don't we use our public access television, our internet as well, to broadcast what actually goes on at these work sessions. There are other municipalities that do just this. Make it a little bit more open government or at least more public access to what goes on and additionally, I don't know how feasible it would be but get these documents, these agendas, when you have your meetings at 4:30 they are sometimes not made until just a little bit after 4:00. It really isn't sufficient time for us to see what you folks really are going to be voting on tonight and perhaps you can maybe look into possibly when you are dealing with the work session and you might have something you might put on for resolution, that you hold off until the following town board meeting or possibly take your work sessions and move them to the daytime of Tuesday of the week preceding your Town Board meetings and this way there will be more than ample time to create a budget, I mean, an agenda that the public will have an easier time .... SUPERVISOR RUSSELL: I produce the agenda for the Town Board. I issue it every Friday. It is a tentative agenda. Every Friday. There are modest changes because everything needs to be discussed on Tuesday... MR. SKABRY: Okay. SUPERVISOR RUSSELL: But there are modest changes to this agenda. Almost all of this agenda was available as of Friday, other than the letter we get from somebody who is moving on to greener pastures and we tack it on. Anything of substance is put out on Friday. MR. SKABRY: Right. Well, I can tell you that I have been taken off that list, so it is not available through the email system. SUPERVISOR RUSSELL: I don't have any idea why. I mean, it is the Clerk's office .... MR. SKABRY: Well, I don't know why, it is the second time this has happened to me, it is probably a little more than coincidence but I will leave it at that. SUPERVISOR RUSSELL: Oh, come on Tom, that is ridiculous. July 14, 2009 Page 40 Southold Town Board Meeting Minutes MR. SKABRY: Listen .... SUPERVISOR RUSSELL: That is a specious thing to say. MR. SKABRY: Get past that... SUPERVISOR RUSSELL: You are down here all the time, walk in and get a copy. MR. SKABRY: Yeah, well, it would be wonderful ifI could. A lot of times I am not available. SUPERVISOR RUSSELL: Friday afternoons, I put it together 3:00 every Friday. MR. SKABRY: Why don't you consider doing this, then, Scott. Why don't you consider taking your work sessions and holding them on a Tuesday preceding the Town Board meetings. For instance, today's work session could have been held last week on Tuesday. It is just a thought. SUPERVISOR RUSSELL: I don't see any perceivable benefit to that but... MR. SKABRY: Just take it into consideration. SUPERVISOR RUSSELL: And we table many resolutions because they need further clarification, further discussion. A lot of the stuff you see here are resolutions that have been repeating themselves from meeting to meeting to meeting, but 1 don't see any perceivable benefit to putting a one week lag between work session and formal action of the Board to be frank. But we will certainly take it up. MR. SKABRY: Just take it into consideration. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? Peter? Peter Harris Supt Highways PETER HARRIS: Peter Harris, resident of Greenport. Just sitting back them listening to speakers up here tonight talking, you know, lot of discussion about the town's inability to function, finances, taxes, well, you know the bottom line is when the revenues were being generated because business and the commerce was strong, nobody was here questioning this Town Board and the departments within the Town about their operations because they were doing the very best job that they could possibly do. we, as elected officials, both sitting up on that dais, myself as an elected official, we are now having to cope with the shortfall of funds. And, I mean, believe me folks, these people sitting up on that dais, it is a very stressful and trying time. And to sit back and question, well we should have this and we should have that, there is no crystal ball for us to know six months down the road how much the tax revenues are going to be off, how do we know that? I mean, the stock market, when the stock market started to go down, it was just a steady free for all. All of those monies that was tied up and that people lost had a direct effect upon where we are today. Southold Town is no different than any other municipality on Long Island. Whether it be the county, the towns, the state, we are all facing hardships. The single biggest hardship for me as an elected official right now is having to even July 14, 2009 Page 41 Southold Town Board Meeting Minutes think about losing people. Because the fact that, you know, they are a job today is a lot and I only hope that the unions and our elected officials can come to an agreement so that we don't have to send anybody away from working for this Town. But for the general public its, you know, if there is discussions about bringing someone in and to spend $6,000 to get a grasp that is going to better help us, well, maybe that is a good $6,000 spent. But you know, like Scott said, you know, if everybody that sits in the audience has got the answer, you know, put your name on the line and run for office and tell everybody how you got a better idea. Because it is very simple to sit from the cheap seats and week after week take potshots at our elected officials. We only can do the very best we can do with what we have to work with, so I think you just need to give him a break. SUPERVISOR RUSSELL: Thank you, Peter. I just want to, he very much paraphrased me, I don't want to drum up competition for the Supervisor's position so I didn't quite say run against me, I just, but no, thank you, Pete. Let me say one other thing, recording the work sessions, I actually thought that was a good idea about three years ago until we found out how much the cost would be. We pay for this camera to put this on channel 22, then this gets reimbursed as part of our franchise agreement with Cablevision. So the bill comes to us, we pay it and then we get reimbursed for cable. They won't cover the work session, we have to pay out of pocket for that. And it was really cost prohibitive at the time, given this economic climate, it is not going to look any better. But I think the work session is probably the more interesting of the two, of the two meetings, certainly. Tom Skabry, Pres CSEA MR. SKABRY: Pete, that was a wonderful speech. I want to make it clear because I notice we have a reporter to our local paper here, I just want to make it very clear, both sides have been communicating, honestly as far as I know, with each other and as per the gag order which is in place, we have honored it and I hope that the Town will continue to honor it and that we will be meeting tomorrow at 10:00 in the morning in a private session and hopefully, we can have the final nail put in this coffin where we won't have to deal with layoffs. Thank you. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board? (No response) Thank you, thank you, thank you. Can I get a motion to adjourn? Motion To: Adjoum Town Board Meeting COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:40 P.M. RESULT: MOVER: Southold Town Clerk ADOPTED [UNANIMOUS] Thomas H. Wickham, Councilman July 14, 2009 Page 42 Southold Town Board Meeting Minutes SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell