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Home My WebLink AboutTB-07/28/2009ELIZABETH 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 MEETING Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork.net MINUTES July 28, 2009 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, July 28, 2009 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting af 4~30 PM with the Pledge of Allegiance to the Flag. Call to Order 4:30 PM Meeting called to order on July 28, 2009 at Meeting Hall, 53095 Route 25, Southold, NY. o Attendee Name William Ruland Vincent Orlando Albert Krupski Thomas H. Wickham Louisa P. Evans Scott Russell Elizabeth A. Neville Martin D. Finnegan Organization Title Status Arrived Town of S:outhold Cd~cilman Present To~9f SoU~ho~O CoUncilman Present Town 6f South01d C0fincilman Present Town of S0gthold Councilman Present Tom: of Southold Justice Present Town of_Southold Supervisor Present Town of Southold Town Clerk Present Town of Southold Town Attorney Present I. Reports Decem§~[ 3 t g~8:(corrected) NFAWL Financial Reports June 30, 2009 3. Program for the Disabled June 2009 4. Land Tracking 2nd Quarter of 2009 July 28, 2009 Page 2 Southold Town Board Meeting Minutes 5. Budget June 2009 6. Building Dept Jan through June 2009 7. Claim Lag Report &/1/08 to 6/30/09 8. Office of the Engineer June 2009 Highway Department Monthly Report July 2009 10. Data Processing 11. Judge Price June 2009 II. Public Notices NYS Liquor License Renewal End of the Line LLC d/b/a Antares Cafe, 2350 Manhasset Ave., Greenport Castello di borghese LLC, 17150 County Rt 48, Cutchogue Village Cheese Shop North, Mattituck Donielle's Restaurant d/b/a DoLittles, Mattituck Laurel Lake Vineyards, 3165 Main Rd., Laurel Stepfal Restaurant Corp, d/b/a Village Pizza, 13500 Main Rd., Mattituck NYSDEC - WQIP Grant Program IlL Communications Petition Requesting the town limit parking at Hallocks Bay and Little Bay in Orient IV. Discussion 1. 9:00 A.M. - John Kelly & Stephanie Palladino, GSA Sale of Plum Island July 28, 2009 Southold Town Board Meeting Minutes. Page 3 10:00 A.M. - Phillip Beltz & Housing Advisory Commission Apartment Recommendations o 10:30 A.M. - Mark Terry Goldsmith Inlet Management Plan 4. Residential Wind Amendments 5. Notes from Code Committee 6. Special Events Legislation 7. Animal Shelter Oversight Committee 8. Memorial at Dam Pond for Ruth Oliva 9. Suffolk Towers Proposal 10. SCWA Key Charges 11. Executive Session PBA Negotiations Update Pledge to the Flag Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance to the Flag. Thank you. Actually I see a couple of new faces, so I will just explain. This is the time when anybody that wants to comment on any resolution as it appears on the agenda is welcome to comment on that. After we finish the business of the agenda, what I will do is open up the floor to questions and you can raise any issue you would like at that point. Would anyone like to come up now and address the issues as they appear on the agenda? Billl Walsh, CSEA BILL WALSH: Good afternoon, Mr. Supervisor. My name is Bill Walsh, I represent the Suffolk local 852, CSEA. I am here this evening to speak on resolution 659. The last time that I was here I had asked that we get together and we did, within three days of that meeting we came together. The thought process that went into the discussion I think was very fruitful. The Town Board understood our position, which was that we could not open up our contract under the conditions that were in front of us at that point in time. But as we discussed in those meetings and as the Town Board and the Supervisor leading the Town Board looked at what the issues were moving forward, we understood the problems the town had. So as the town presented to us the possibility of extending our contract, we were then able to sit down and come to a conclusion which I believe was overwhelmingly ratified by our members a few nights ago and I stand here before you this evening asking for that same support from the Board, that you overwhelmingly July 28, 2009 Page 4 Southold Town Board Meeting Minutes support this resolution which resolves the issue that I believe was tearing out all of our hearts, certainly tearing out our membership and your employees. And I would ask that in the future, when we get into negotiations, if the same form that we used to resolve these issues could be brought to the table, I think we may get better results, quicker results where people understand each other and we are not always fighting with each other. So thank you very much on behalf of all the members and I want to thank you in advance for your support, your overwhelming support on this resolution. Thank you very much, Mr. Supervisor for your efforts and the entire Town Board. Thank you. SUPERVISOR RUSSELL: Thank you, Mr. Walsh. I want to thank you personally for being involved in the process. I can't express enough how gratified I am to all the workers here in Town Hall who stuck together with us. We had problems, everybody made a commitment to help in this difficult time and I am grateful that we all get to march forward intact. From someone who has been here a long time, I have worked with many of these people, I can't express to you how grateful I am that we will be able to stay intact as we move forward and wrestle and struggle together with the issues that are before us. Thank you. Councilman Vincent Orlando COUNCILMAN ORLANDO: Scott, I would also like to take this opportunity to thank the entire CSEA family for all the support in this town crisis we had here in these trying fiscal times. I would especially thank Tom Skabry, Bill Walsh, Ron King and Tim Abrams; all their efforts into this and this will not be forgotten. Thank you so much, guys. Councilman Albert J. Krupski, Jr. COUNCILMAN KRUPSKI: We all feel that way. It was a nice group effort and it was, we worked for the town, all of us. Councilman Orlando COUNCILMAN ORLANDO: I am going to use the term CSEA family, since you know, it is a small town and you know the majority of the people in the CSEA, so they are not just employees, they become friends and good family members. So that is why I use that term, because we are a small town and this is... Tom Skabry, President, CSEA TOM SKABRY: Good evening, Tom Skabry, CSEA president, Town of Southold. Basically I just want to reiterate exactly what Bill said, he said it better so I won't try to outdo him. And ! appreciate the nice comments back. Just two things, I notice that there are two resolutions here, 652 and 653. These are the two resolutions dealing with the rescinding of notice of retirement. I just hope the Town Board will vote overwhelmingly as well to accept these resolutions. Thank yOU. SUPERVISOR RUSSELL: We all want to stay whole and intact. Absolutely, Tom. And thank you very much and I can assure you we are a family because me and Tom fight like I did with my brothers growing up. He is a zealous advocate for his membership and that is what his job is and I appreciate it. Me and Tom have, I think a new found understanding after going through this process together. July 28, 2009 Page 5 Southold Town Board Meeting Minutes Al Albino, Orient MATT ALBINO: I am Matt Albino from Orient and I am on communications requesting parking signs, no parking signs, only by permit only by Hallocks bay by Narrow River Road. What they call a potato dock fight next to the marina. Now, there are no signs there now, there used to be one but somebody tore it down. Now I was there a few weeks ago and there had to be 20 cars parked there, all on the beach and there was a flotilla of kayaks there. That bay can't take an impact like that all the time. There has to be some kind of controlled parking in there. Comell has a lot of experiments in there with scallops and oysters and they have people experiment with artificial eel grass and there is too many people going in there and there is absolutely no signs, so the police can't give out any summonses because there is no signs there. And I have checked with the police department and they said that the Town Board let this club come in there, that they come in once a year but there is too many people going there. And I feel it should just be for the people in Southold, not up island. We got quite a few people to sign up and that is about it. It is as simple as that. I feel you need signs anywhere from the ramp past south of the marina, around the curve. You need about three or four signs, by permit only. That is a request from the people in Orient. Thank you. SUPERVISOR RUSSELL: Okay. We will send that to the Transportation Commission, we will also send it out for comments to the Police Department and the Department of Public Works and we will get a, we will wait for a response. Thank you for bringing it to our attentions. Would anybody else like to address any item that is on the agenda? (No response) Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, June 16, 2009 Vote Record - Acceptance of Minutes for June 16~ 2009 7:30 PM Yes/Aye No/Nay Abstain Absent William Ruland Voter [] [] [] [] [] Accepted Vincent Orlando Voter [] [] [] [] [] Accepted as Amended Albert Krupski Jr. Voter [] [] [] [] [] Tabled Thomas H. Wickham Seconder [] [] [] [] Louisa P. Evans Initiator [] [] [] [] Scott Russell Voter [] [] [] [] RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, June 30, 2009 ff Vote Record - Acceptance of Minutes for June 30~ 2009 4:30 PM yes/Aye No/Nay Abstain Absent William Ruland Voter [] [] [] [] I~ Accepted Vincent Orlando Voter [] [] [] [] [] Accepted as Amended Xib~ Krapski ~r. ~er ~ F1 FI [3 [] Tabled Thomas H. Wickham Seconder [] [] [] [] Louisa P. Evans Initiator ~l [] [] [] Scott Russell Voter [] [] [] [] RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, July 14, 2009 July 28, 2009 Page 6 Southold Town Board Meeting Minutes · ~ Vote Ree°rd, ~¢ceptance 0f Minutes for July 14~ 2009 7:30 PM Yes/Aye No/Nay Abstain Absent William Ruland Voter [] [] [] [] [] Accepted Vincent Orlando Voter [] [] [] [] [] Accepted as Amended Albert Krupski Jr. Voter [] [] [] [] [] Tabled Thomas H. Wickbam Seconder [] [] [] [] Louisa P. Evans iniiiat0r [3 FI [] [] Scott Russell Voter [] [] [] [] V. Resolutions 2009-634 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit 7/28/09 RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated July 28~ 2009. Vote Record ~ ReSolation RES~2009~ [] Adopted Yes/Aye No/Nay Absta n Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [21 Defeated Vincent Orlando Voter [] [] [] [] [] Tabled A!be~ ~PSki Jr. Voter [] [] v1 Fl [] Withdrawn [] Supervisor's Appt Thomas H. Wickham Seconder [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Initiator [] [] [] : [] [] Rescinded Scott Russell Voter [] D [3 [] 2009-635 CA TEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Meeting 8/5/09 1:30 Pm Fishers Island RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Wednesday, August 5, 2009 on Fishers Island, Southold, New York at 1:30 P. M.. Vote Record - ReSOlution RES-2009-635 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruiand Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled [] Withdrawn Aibe~ ~Pski Ji Voter [] [] [] [] [] Supervisor's Appt Thomas H. Wickhmn Seconder [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Initiator gl [] [] [] [] Rescinded Scoi~ Russell Voter [] [] [3 [] July 28, 2009 Southold Town Board Meeting Minutes Page 7 2009-636 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set Next Regular Meeting 8/11/09 ~ 7.'30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, August 11, 2009 at the Southold Town Hall, Southold, New York at 7:30 PM. Vote Record - Resolution RE~2009-636 [] Adopted Yes/Aye No/Nay Absta n Absent [] Adopted as Amended William Ruland Voter [] [] [] : [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albert Krupski Jr. Voter [] [] [] [] [] Withdrawn [] Supervisor's Appt Thomas H. Wickham Seconder [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Initiator [] [] [] [] [] Rescinded Scott Russell Votec [] [] [] 2009-637 CATEGORY: DEPARTMENT: Budget Modification Town Clerk Modify the General Fund Whole Town 2009 Budget Fiscal Impact: To correct under appropriated funds for employees (Sandra Berliner was budgeted for part time but is now working full-time): RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2009 Budget as follows: To: A. 1220.1.100.100 Regular Earnings/Full Time Employees $37,000.00 Regular Earnings/Part time Employees Contingencies From: A.1220.1.200.100 A.1990.4.100.100 $ 9,000.00 28,000.00 $37,000.00 July 28, 2009 Southold Town Board Meeting Minutes Page 8 ~ Vote Rec0rd - Resolution RES-2009-637 [] Adopted Ves/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Initiator [] [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled [] Withdrawn Xib~ ~Pski jr. 9oi~ ~ D [] F1 [] Supervisor's Appt Thomas H. Wickham Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter V~ [] [3 [] 2009-638 CATEGOR~ DEPARTMENT: Close/Use Town Roads Town Clerk Douglas Moore Memorial Concert 2008 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Douglas Moore Memorial Music Festival to close Case's Lane ad[acent to the Village Green, for its Annual Concert on the Cutchogue Village Green~ on Saturday~ August 8~ 2009~ fi.om 5:00 PM to 10:00 PM provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley immediately to coordinate traffic control. Vote Record - ReSOlution RES-2009-638 [] Adopted yes/A~e No/Nay Abstain Absent [] Adopted as Amended William Ruland voter [] [] [3 [] [] Defeated Vincent Orlando Iniii~tor [] [] [] : El [] Tabled [] Withdrawn ~!ber~ ~pski Jr. Seconder [] [] [] : [] [] Supervisor's Appt Thomas H. Wickham Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-639 CATEGOR~ DEPARTMENT: Attend Seminar Data Processing NIMS ICS-400 Training Fiscal Impact: Required NIMS training course by FEMA. The course is for people that will serve as command or general staff in an ICS organization. Topics will include command and general staffing, deputies and assistants, unified command and organizational relationships between emergency operations centers. RESOLVED that the Town Board of the Town of Southold hereby ~,rants permission to Chief Cochran, Captain Flatlev~ Lt. Sawicki and Lloyd Reisenberg to attend a training seminar July 28, 2009 Page 9 Southold Town Board Meeting Minutes on ICS 400 at the SC Police Academy in Brentwood~ from September 15th to the 17th , 2009. All expenses for registration, and travel to bca legal charge to the 2009 Emergency Preparedness budget (meetings and seminars). Vote Record - Resolution RE~-2009-639 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter ~1 [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled [] Withdrawn Albe~ Kmpski Jr. Initiator [] [] [] [] [] Supervisor's Appt Tl~omas H. Wickham Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] o Comment regarding resolution 639 COUNCILMAN KRUPSKI: This is part of a NIMS training course by FEMA and the course is for people that will serve as command or general staff in some sort of an emergency situation. So that people will know staffing deputies, assistants, unified command, organization relationships so people in town running those services, radio and whatnot, emergency rescue during a hurricane or some other natural disaster, will be sufficiently trained and can coordinate with other municipalities, Riverhead, the County, whatever. 2009-640 CA TEGOR Y: DEPARTMENT: Property Usage Town Clerk Grant Permission to the Southold Yacht Club to Park Overflow Vehicles in the Town's Parking Lot at Goose Creek Beach on Saturday, August 15, 2009 (Rd 7~22)for Sunfish & Catamaran Races RESOLVED that the Town Board of the Town of Southold hereby erants oermission to the Southold Yacht Club to park overflow vehicles in the town's parking lot at Goose Creek Beach on Saturda% August 15, 2009for a sunfish and catamaran race, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and provided the cars are displaying a special Southold Yacht Club Parking Permit and the yacht club contact Captain Martin Flatley of the Southold Police Department immediately for proper placement of the permits. July 28, 2009 Page 10 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2009=640 g~ Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter I~ [] [] [] [] Defeated Vincea~t Orlando Voter [] [] [] [] [] Tabled [] Withdrawn Albert Krupski Jr. Voter [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Seconder ~ [] [] [] [] Tax Receiver's Appt Louisa P. Evans Initiator [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-641 CATEGOR~ DEPARTMENT: Budget Modification Public Works DPW Budget Modification Fiscal Impact: Tires needed to be purchasedfor several DPW vehicles ( Vehicle #PW9, PW1 O, PWT, PW8) RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 Department of Public Works budget as follows: From: A.1620.4.100.100 Buildings & Grounds, C.E. $2500.00 Supplies & Materials Miscellaneous Supplies To'- A. 1620.4.100.500 Buildings & Grounds, C.E. $2500.00 Supplies & Materials Motor Vehicle Parts/Supplies Vote Record. Resolution RES-2009-641 v~ Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Arneaded William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] E] [] [] [] Tabled Albea Krapski Jr. Voter [] [] [] [] [] Withdrawn Thomas H. Wickham hfitiator [] [] [] D [] Supervisor's Appt [] Tax Receiver's Appt Louisa P. Evans Seconder [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-642 CATEGOR~ DEPARTMENT: Employment - FIFD Accounting Hire Matthew Otto as PT Deckhand FIFD WHEREAS the Board of Commissioners of the Fish~rs Island Ferry District adopted a July 28, 2009 Page 11 Southold Town Board Meeting Minutes resolution at their July 21, 2009 meeting to hire Matthew Otto as a part time deckhand effective August 5, 2009 at the rate of pay of$11.00 per hour, and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Matthew Otto to the position of a part-time deckhand for the Fishers Island Ferry District effective August 5, 2009 at a rate of $11.00 per hour. ~ ¥0te Re~Ord, ReSOlu~n RES-2009~642 [] Adopted Yes/Aye No/Na~ Abstain ~bsent [] Adopted as Amended William Ruland initiator [] [] [] [] [] Defeated Vn~en ~clo Seconder [] Tabled Albert Kmpski Jr. Voter [] [] [] [] [] Withdrawn Thomas lq. Wickham Voter [] 0 [] [] [] Supervisor's Appt Voter [] Tax Receiver's Appt Louisa e. Evans gt [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-643 CATEGORY: DEPARTMENT: Budget Modification Town Clerk 2009 Budget Modification - Highway Fiscal Impact: The respective reasons for these transfers were due to the fact that these line items were under-funded. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 Highway Fund Part Town budget as follows: To'- DB.5140.4.400.100 DB .5140.4.600.300 DB.5142.1.100.200 Brash & Weeds/Miscellaneous Contractual Expense Contracted Services Cleanup Week Debris Disposal Brush & Weeds/Miscellaneous Contractual Expense Miscellaneous Travel Snow Removal Personal Services $ 100.00 $ 2,500.00 July 28, 2009 Page 12 Southold Town Board Meeting Minutes DB. 5142.4.100.935 Full Time Employees Overtime Earnings Snow Removal Contractual Expense Supplies & Materials Rock Salt $ 31,035.00 $ 6,060.00 TOTAL: $ 39695.00 From: DB.5140.4.400.600 DB.5140.4.100.900 DB.5110.4.100.200 DB.5110.4.100.975 Brush & Weeds/Miscellaneous Contractual Expense Contracted Services Office Equipment Maint/Repair Brash & Weeds/Miscellaneous Contractual Exp~nse Supplies & Materials Landscaping Materials General Repairs Contractual Expense Supplies & Materials Fuel & Lubricants General Repairs Contractual Expense Supplies & Materials Steel $ 100.00 $ 2,500.00 $ 31,035.00 $ 6,060.00 TOTAL: $ 39695.00 ~' Vote Record- Reso ution RES-2009-643 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Initiator [] [] [] [] [] Tabled Albea Krupski Jr. Seconder ~] [] [] [] [] Withdrawn Thomas H. Wickham Voter [] [] [] [] [] Sup~rvisor's Appt Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-644 CA TEGOR Y: DEPARTMENT: Budget Modification Fishers Island Ferry District 2009 Budget Modification - FIFD Fiscal Impact: TRANSFER FROM: SM 5709. 2.000.1 O0 Repairs Buildings As of June 30, 2009, only expended 6% of budget line. $12,000. July 28, 2009 Page 13 Southold Town Board Meeting Minutes SM 5709.2. 000.200 Repairs Docks As of June 30, 2009, only expended 10% of budget line. SM 5710.4. 000.300 Fuel Oil Vessels As of June 30, 2009, only expended 17% of budget line. $12.000. $20,000. TOTAL $44,000. TRANSFER INTO: SM 5710.2.000.200 Ferry Repairs, Race Point $44,000 Additional unanticipated costs for dry docking the Race Point, including hull steel replacement and engine shaft repair. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 Fishers Island Ferry, District budget~ as follows: FROM: SM 5709.2.000.100 SM 5709.2.000.200 SM 5710.4.000.300 Repairs Buildings Repairs Docks Fuel Oil Vessels TOTAL $12,000. $12.000. $20,000. $44,000. TO: SM 5710.2.000.200 Ferry Repairs, Race Point $44,000 ~' Vote Record - Resolution RES-2009-644 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Seconder [] [] [] [] [] Defeated Vincent Orlando Voter ~ [] [] [] [] Tabled Albert Kmpski Jr. Initiator [] [] [] [] [] Withdrawn Thomas H. Wickham Voter [] [] [] [] [] Supervisor's Appt Louisa P. Evans Voter [] [] [] [] [3 Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-645 CATEGOR~ DEPARTMEN~ Property Acquisition Public Hearing Land Preservation Set Tuesday, August 11, 2009, at 7:34 P.M., Southold Town Hall, 53095Main Road, Southold, New York as the Time and Place for a Public Hearing for the Purchase o fa Development Rights Easement on Property Owned by the Estate of Stanley Sawicki, and Edward Sawicki, Individually, and as Executor of the Estate of Stanley Sawicki RESOLVED 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 July 28, 2009 Page 14 Southold Town Board Meeting Minutes hereby sets Tuesday~ August lit 2009~ at 7:34 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 proper ,W owned by the Estate of Stanley Sawicki~ and Edward Sawicki~ individuall,y~ and as Executor of the Estate of Stanley Sawicki. Said property is identified as part of SCTM #1000-125.-3-4.1. The address is 2700 NYS Route 25. The property is located in the A-C zoning district and is on the southerly side of NYS Route 25, approximately 2100 feet northeasterly from the intersection of NYS Route 25 and Laurel Lane in Laurel, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 9± acres (subject to survey) of the 13.50± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owners. The purchase price is $67,000 (sixty-seven thousand dollars) per buildable acre for the 9± 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 agricultural value; 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. Vote Record - Resolution RE8~2009~045 [] 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 [D Tax Receiver's Appt Louisa P. Evans Initiator [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-646 CATEGORY: DEPARTMENT: Budget Modification Police Dept Budget Modification - Police Fiscal Impact: Unexpected $3,000 purchase for gear box for boat motor caused this line to run short RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 General Fund Whole Town budget as follows: From: July 28, 2009 Southold Town Board Meeting Minutes Page 15 Gasoline & Oil A.3130.4.100.200 $1,700.00 To: A.3130.4.400.650 Vehicle Maint & Repairs $1,700.00 ,/Vote Record - Re~oluflon RES=2009-646 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] El [] [] Tabled Albert Krapski Jr. Voter [] [] [] [] [] Withdrawn [] Supervisors Appt Thomas H. Wickham Initiator [] [] [] [] Louisa P. Evans Seconder [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-647 CATEGORY: DEPARTMENT: Budget Modification Police Dept Budget Modification - Police Fiscal Impact: To repair transmission in Bay Constable 2000 Ford with 155,000plus miles'. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 General Fund Whole Town budget as follows: From: A.3120.4.400.650 Vehicle Maint & Repair $2,100.00 To~: A.3130.4.400.650 Vehicle Maint & Repair $2,100.00 ~' Vote R~,rd ~ Reg0iufion RES-2009,647 [] Adopted ~S~Y~ N~NaY A~stain Absent [] Adopted as Amended William Ruland Initiator [] [] [] [] [] Defeated Vincent Orlando Seconder [] [] V1 [] [] 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 [] [] [] [] 2009-648 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the Mattituck Presbyterian Church to Hold Its Annual Summer Fair and Close Old Sound Avenue, in Front of the Church, from 8.'00 Am to 2.'00 Pm on Saturday, August 1, 2009 July 28, 2009 Page 16 Southold Town Board Meeting Minutes Fiscal Impact: Total Police Department cost for the event = $213.08 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Mattituck Presbyterian Church to hold its Annual Summer Fair and close Old Sound Avenue~ in front of the church~ from 8:00 am to 2:00 pm on Saturda¥~ August 1~ 2009, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control. The Town Board waives the Special Event fee and Clean-up deposit. Vole ReCOrd - Resoluao~ RES-~009-648 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Initiator 1~ [] [] [] [] Tabled Albert Krupski Jr. Seconder [] [] [] [] [] Withdrawn Thomas H. Wickham Voter [] [] [] [] [] Supervisor's Appt Louisa P. Evans · Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-649 CATEGORY: DEPARTMENT: Grants Community Development Community Development Block Grant Fiscal Impact: Increase in 2009 Community Block Grant Funds RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement with the Suffolk County Office of Community Development in connection with the 2009 Community Development Block Grant Program, in the amount of $39,000, all in accordance with the approval of the Town Attorney. Vote Record - ResolutiOn RES-2009-649 [] Adopted Yes/AYe No/Nay Abstain Absent [] Adopted as Amended Willimn Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] F1 [] 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 [] [] [] [] July 28, 2009 Page 17 Southold Town Board Meeting Minutes 2009-650 CATEGORY: Grants DEPARTMENT: Public Works Bittner Preserve - iVYS DOS Grant RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Dirtworks (Scott Corwin) 64098 North Road~ Greenport~ NY 11944 to remove the pool/pool house~ house and bnlkhead~ at the Bittner Preserve~ 4305 Soundview Avenue~ Southold~ NY in the amount of $25,744.10. This project is funded by a grant from New York State Department of State, Environmental Protection Fund. Vote Record - ReSolution RES-2009~50 gl Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albert Kmpski Jr. Voter gt [] [] [] [] Withdrawn Thomas H. Wickham Seconder [] [] [] [] [] Supervisor's Appt Louisa P. Evans Initiator gl [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-651 CATEGORY: Grants DEPARTMENT: Public Works Bittner Preserve Contract RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement with Dirtworks (Scott Corwin) in connection with demolition and removal of the house, pool/pool house and bulkhead, at the Bittner Preserve in the amount of $25,744.10, all in accordance with the approval of the Town Attorney. Vote Record- Resolution RES-2009-651 [] 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 [] FI [] [] [] Supervisor's Appt [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] : [] [] July 28, 2009 Page 18 Southold Town Board Meeting Minutes 2009-652 CATEGOR~ DEPARTMENT: Employment - Town Accounting Rescind William Zebroski Intent to Retire RESOLVED that the Town Board of the Town of Southold h~reby rescinds Resolution 2009- 58~9 from the Town Board meeting dated July 14, 2009. Due to recent events occurring between the Town of Southold and CSEA Unit #8785, William Zebroski's has withdrawn his letter of intent to retire. Vote Record -Resolution RES-2009-652 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Initiator [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albea Krupski Jr. Voter [] [] [] [] 13 Withdrawn [] Supervisor's Appt Thomas H. Wickham Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Seconder [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-653 CA TE G OR Y: DEPARTMENT: Employment - Town Accounting Rescind Resolution 2009-558 of Intent to Retire John Addamo RESOLVED that the Town Board of the Town of Southold hereby rescinds Resolution 2009- 558 from Town Board meeting dated July 14~ 2009. Due to recent events occurring between the Town of Southold and CSEA Unit #8785~ John Addamo has withdrawn his letter of intent to retire. Vote Record - Resolution R~S-2009-6S3 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated vinceni Ori~nd~ ihiiiai0r r~ 121 [] ~ [] Tabled Albert Kmpski Jr. ' Seconder [] [] [] [3 [] Withdrawn Thomas H. Wickham Voter [] [] [] [] [] Supervisor's Appt Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] July 28, 2009 Southold Town Board Meeting Minutes Page 19 22. Comment regarding resolution 653 COUNCILMAN ORLANDO: He is an asse[ tp the DPW~ ! am g!ad he is staying. 2009-654 CATEGOR~ DEPARTMENT: Public Service Police Dept Job Shadow - Police RESOLVED that the Town Board of the Town of Southold hereby grants permission to Daniel Murphy to participate in a day of iob shadowing at the Southold Town Police Department on Sunday~ August 9~ 2009. Vote Record, Resolution RE8-2009-654 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Am~mded William Ruland Voter [~ [] [] [] [] Defeated Vincea~t Orlando Seconder [] [] [] [] [] Tabled Albert Kmpski Jr. Initiator [] [] [] [] [] Withdrawn Thomas H. Wickham Voter [] [] [] [] [] Supervisor's Appt Louisa P. Evans Voter [] [] [] [] [] Tax Receiver% Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-655 CATEGORY: Grants DEPARTMENT: Town Clerk Authorize Submission qf a 2009 Justice Court Assistance Program (JCAP) Grant Application by the Southold Town Justice RESOLVED that the Town Board of the Town of Southold hereby authorizes submission of a 2009 Justice Court Assistance Program (JCAP) Grant application by the Southold Town Justice~ whereby the Town of Southold Justice Court may receive a maximum JCAP award of $30,000 to be used for a variety of purposes, including office and security equipment, furniture, courtroom renovations. Vote Record - Resolution RES-2009-655 [~ Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Seconder [] [] [] [] [] Defeated Vincent Orlando Voter [] rn : [] [] [] Tabled Albert Kmpski Jr. Voter [] [] [] [] [] Withdrawn Thomas H. Wickham Voter [] [] [] [] [] Supervisor's Appt Louisa P. Evans initiator [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] July 28, 2009 Southold Town Board Meeting Minutes Page 20 2009-656 CATEGOR~ DEPARTMENT: Contracts, Lease & Agreements Town Clerk Authorize Supervisor Scott A. Russell to Execute Community Development Block Grant Fiscal Year 2009 Subrecipient Agreements RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute Communi .ty Development Block Grant Fiscal Year 2009 Subrecipient Agreements as follows subject to the approval of the Town Attorney: North Fork Housing Alliance Home Improvement Program $77,500 North Fork Early Learning Center 7,500 Robert Perry Day Care 7,500 Community Action of Southold Town 5,000 Vote Record - Resolution RES-2009-656 [] Adopted Yes/Aye No/Nay Abstain Absent 13 Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albert Krupski Jr. Voter [] [] [] [] [] Withdrawn Thomas H. Wickham Initiator [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Louisa P. Evans Seconder [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-657 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Memorandum of Agreement W/CSEA RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Memorandum of Agreement dated July 2~ 2009 between the Town of Southold and the CSEA, concerning Suffolk County Department of Labor Works Program. July 28, 2009 Page 21 Southold Town Board Meeting Minutes [] Tabled A!b~ Krup~k! ~? yp~er 2009-658 CATEGORY: DEPARTMENT: Advertise Town Clerk Direct the Town Clerk to Advertise for a Member to the Southold Town Transportation Commission RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for a member to the Southold Town Transportation Commission to fill the vacancy resulting from the death of Ruth Oliva ~ VOte R~0rd ~ Resolution RES~2009-658 [] Adopted yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Initiator [] ca ca [] [] Tabled Albert Krupski .lr. Seconder [] [] [] [] [] Withdrawn [] Supervisor's Appt Thomas H. Wickham Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-659 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Stipulation of Agreement W/CSEA RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Stipulation of Agreement dated July 16~ 2009 between the Town of Southold and the CSEA, which was ratified by the CSEA on July 23, 2009. Vote Record ~ Resolution RES-2009-659 [] Adopted ~ Adopt~ as Amend~ William Ruled Vot~ ~ Defeated Vincmt ~lando S~ond~ ~ Tabl~ Alb~ ~pski Jr. Initiator ~ Wi~dm~ ~omas H. wic~am Vot~ ~ Sup~isor% Appt Louisa P. grads vot~ ~ Tax Receiv~'s Appt ~ R~cindcd Scott Russell Vot~ July 28, 2009 Page 22 Southold Town Board Meeting Minutes 29. Comments regarding resolution 659 COUNCILMAN RULAND: Before I cast my vote, I would like to say that Councilman Kmpski and Supervisor Russell and Councilman Orlando basically stated the feelings of the Board. I concur with them, I also know, having been involved in collective bargaining before that one of the signs of a reasonably good agreement is when both parties walk away and they are not 100 percent satisfied and yet, in this case, the agreement is certainly in the best interest of the Town of Southold. The people of the Town of Southold and its employees. I vote aye. 2009-660 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement Between the Town of Southold and NY Party Works RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and NY Party Works in connection with the equipment rental for the Town of Southold Youth Bureau's Family Movie Night, subject to the approval of the Town Attorney. Vote Record- Resolution RES-2009-660 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [3 [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albert Krupski Jr. Voter [] [] [] [] [] Withdrawn Thomas H. Wickham Seconder [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Louisa P. Evans Initiator [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-661 CA TEGOR Y: DEPARTMENT: Employment - Town Town Attorney Amend Resolution No. 2009-520 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2009-520 dated June 12~ 2009 to read as follows: WHEREAS due to financial and budgetary reasons, the Town Board has determined that in addition to other measures, it is necessary to reduce the number of employees in the Town; and WHEREAS as a result of this determination, several positions will have to be abolished; July 28, 2009 Page 23 Southold Town Board Meeting Minutes WHEREAS the Town Board has entered into an Agreement with the CSEA dated July 16, 2009 with respect to certain positions previously abolished by Resolution 2009-520; NOW, THEREFORE, BE IT RESOLVED that the Town Board of Town of Southold hereby abolishes the following vacant positions effective imme~ate!'~' June 12, 2009: Title Account Clerk Building Inspector (3 positions) Custodial Worker I (4 positions) Clerk Typist Driver-Messenger Groundskeeper II Mini-bus Driver Planner Police Officer (14 positions) Sergeant (2 positions) Scale Operator and be it further Department Building Building Buildings & Grounds Assessors Buildings & Grounds Buildings & Grounds Programs for the Aging Planning Police Police Solid Waste RESOLVED that the Town Board of Town of Southold hereby abolishes the following non- vacant pos~t~ons effective .._~_~. ! November 1~ 2009: Title Department Assessors July 28, 2009 Page 24 Southold Town Board Meeting Minutes Planner Police Officer (3 positions) and be it further Planning (provisional incumbent released 6/16/09) Police RESOLVED that the above be forwarded to Suffolk County Department of Civil Service for analysis and determination of which employees will be impacted by this action as required by Vote Record - Resolution RES=2009-661 [] Adopted Yes/Aye No/Nay Abstain ~ Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled [] Withdrawn Albert Krupski Jr. Voter [] [] [] E] Thomas H. Wickham Initiator [] [] [] [] [] Supervisor's Appt [2] Tax Receiver's Appt Louisa P. Evans Seconder [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-662 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement Between the Town of Southold and Cornel! Cooperative Extension in Connection with the Eat Smart New York Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and Cornell Cooperative Extension in connection with the Eat Smart New York Program wherein Cornell will conduct a series of workshops on food and nutrition to the Human Resource Center staff, at no cost to the Town, subject to the approval of the Town Attorney. July 28, 2009 Page 25 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2009-662 [] Adopted Yes/Aye NofNay Abstain Absent [] Adopted as Amended William Ruland Initiator [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled [] Withdrawn Albert Krup~ki Jr. Voter [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Seconder [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-663 CATEGORY: DEPARTMENT: Affordable Housing Town Clerk Set the Maximum Sales Price and Maximum Allowable Monthly Rent for 2009for Affordable Housing Units RESOLVED that the Town Board of the Town of Southold hereby sets the maximum sales price and maximum allowable monthly rent for 2009 for affordable housing units as follows: Home Purchase Price Households earning 80% or less of the HUD median income (for Nassau/Suffolk) $203,625 Households earning 100% or less of HUD median $254,500 Households earning 120% or less of HUD median $305,500 Monthly Rent Efficiency $ 891 One Bedroom $ 954 Two Bedroom $1145 Three Bedroom $1323 Four Bedroom $1476 Vote Record - Resolution RES-2009,663 [] Adopted Yes/A~e No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] : VI [] Defeated Vincent Orlando Initiator [] [] F1 [] [] Tabled [] Withdrawn Albert Krupski Jr. Seconder [] [] [] : [] Thomas H. Wickham Vot~ [] [] [] [] [] Supervisor's Appt Louisa P. E~ans I~ FI [] [] [] Tax Receiver's Appt Voter [] Rescinded Scott Russell Voter [] [] [] [] 2009-664 July 28, 2009 Page 26 Southold Town Board Meeting Minutes CA TEGOR Y: DEPARTMENT: Budget Modification Building Department Budget Mod - Building Dept Fiscal Impact: To correct under appropriated funds for paid out sick and vacation earnings. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 Building Department budget as follows: From: B.3620.1.100.100 Regular Earnings $8,058.32 To: B.3620.1.100.400 Sick Earnings $6,871.43 B.3620.1.100.300 Vacation Earnings $1,186.89 $8,058.32 Vote Record - Resolution RES-2009-664 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled [] Withdrawn Albert Krupski Jr In t ator [] [] [] [] Thomas H. Wickham Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-665 CATEGORY: DEPARTMENT: Public Service Town Clerk Waive the 30 Day Notification for the Renewal of a Liquor License for Village Pizza RESOLVED that the Town Board of the Town of Southold hereby waives the 30 Day notification for the renewal of a liquor license for Village Pizza, 13500 Main Road, Mattituck, New York Vote Record - Resolution RES-2009a665 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Voter El [] [] [] [] Tabled [] Withdrawn Albert Krupski Jr. Voter [] Supervisor's Appt Thomas H. Wickham Seconder [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Initiator [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] July 28, 2009 Page 27 Southold Town Board Meeting Minutes 2009-666 CATEGOR~ DEPARTMENT: Local Law Public Hearing Town Attorney LL/Amendments to Special Events WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 28th day of July, 2009, a Local Law entitled "A Local Law in relation to Amendments to Special Events" 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 25th day of August, 2009 at 4:32 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 Amendments to Special Events" reads as follows: LOCAL LAW NO. 2009 A Local Law entitled, "A Local Law in relation to Amendments to Special Events". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - To limit the applicability of the legislation specifically to apply to special events held on property owned, leased or controlled by the Town and to expand the jurisdiction of the ZBA to include special events held on land used in agriculture. 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: (1) All events or activities occurring on p::b!;~c property owned, leased or controlled by the Town, having more than 50 persons in attendance, open July 28, 2009 Page 28 Southold Town Board Meeting Minutes 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 requircnnents 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. Application for events on or utilizing public property owned, leased or controlled by the Town: (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 owned, leased or controlled by the Town, 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 owned, leased or controlled by the Town 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. July 28, 2009 Page 29 Southold Town Board Meeting Minutes C. Town Board Review Criteria: In determining whether to issue a special events permit on an application for an event on or utilizing p~:~!ic property owned, leased or controlled by the Town, the Town Board of the Town of Southold shall consider the following: (1) The size of the premises in relation to the number of people attending the event; (2) The sufficiency of arrangements made to control traffic, parking, noise, lighting and refuse; (3) The frequency of events proposed or approved for the premises and whether the frequency is so great that the events constitute a persistent usage of the property incompatible with its character or with that of the surrounding area; (4) Conflicts with ordinary public use of the land or facilities involved; (5) Whether the applicant has been convicted for failure to comply with the terms of this chapter within the past three years; and (6) Special events are strongly discouraged at Town beaches and parks from the Friday before the observance of Memorial Day until Labor Day. Applications for tents under this Chapter must be submitted to the Building Department. [Amended 1-16-2007 by L.L. No. 3-2007] Ifa 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. 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. July 28, 2009 Page 30 Southold Town Board Meeting Minutes Penalties for Offenses. An offense against the provisions of this Chapter shall constitute a violation of this Chapter and shall be punishable by a fine of not more than $2,500. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2009-666 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando [] [] [] [] [] Tabled Voter [] Withdrawn Albert Kmpski Jr. Voter [] [] [] [] [] Supervisor's Appt Thomas H. Wickhmn Initiator [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Seconder [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-667 CATEGORY: DEPARTMENT: Committee Appointment Town Attorney Appointment of Standing Committee/Animal Shelter WHEREAS, on April 1, 2008, the Town contracted with the North Fork Animal Welfare League for dog control services to meet the Town's obligations under Sections 114 and 115 of the New York State Agriculture and Markets Law; and WHEREAS, the Town has completed in all material respects the construction of a new animal shelter facility to be used by the League in carrying out its responsibilities under the contract; and WHEREAS, the Town finds that the supervision of its contract with the League with the intent July 28, 2009 Page 31 Southold Town Board Meeting Minutes to ensure/monitor compliance with the terms therein does not fall clearly under any of the existing departments of Town government; NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold hereby establishes the Town Board Standing Committee on Animal Welfare comprising the following three Town Board members, all of whose terms shall run to June 30, 2010, at which time the Board shall consider reappointments to the Committee: And be it further Thomas Wickham Albert Krupski, Jr. Vincent Orlando RESOLVED that the charge to this Committee is to review on an ongoing basis and report to the Board the following: (1) (2) (3) (4) (5) (6) Any and all aspects of the North Fork Animal Welfare League's compliance with the obligations and responsibilities set forth in the April 1, 2008, Agreement with the Town; Any and all aspects of the North Fork Animal Welfare League's compliance with Article 7 of the New York State Agriculture and Markets Law; Compliance with Chapter 83 of the Town Code; Compliance with recordkeeping and reporting requirements pursuant to Article 7 of the New York State Agriculture and Markets Law and regulations promulgated thereunder; Remittance and collection of license, adoption, and redemption fees to the Town Clerk; Oversee the management and supervision of the Animal Shelter; July 28, 2009 Page 32 Southold Town Board Meeting Minutes (7) Monitor compliance with insurance requirements and revisit the adequacy of the contractual requirements; (8) Compliance with auditing and financial reporting requirements; (9) Monitor and inspect the condition of the Animal Shelter Facility and recommending repairs and improvements thereto; and (10) Review existing contract to make recommendations to the Town Board regarding terms for successor agreements. Vote Record - Resolution RES-2009-667 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Pdnended William Ruland Initiator [~ [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled [] Withdrawn Albert Krupski Jr. Voter [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Seconder [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-668 CATEGORY: DEPARTMENT: Planning Town Attorney Goldsmith Inlet - Adopt Short-Term Work Plan RESOLVED that the Town Board of the Town of Southold hereby approves and adopts the Short-Term Work Plan to Assess, Mitigate and Restore the Ecological Function and Values of Goldsmith Inlet and authorizes Principal Planner~ Mark Terry, to seek proposals from Cornell Cooperative Extension and others for the purpose of implementing the Work Plan. Vote Record - ResolutiOn RES-2009-668 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Initiator [] [] [] [] [] Tabled Albert Krupski Jr. Seconder [] F1 F1 : Fl [] Withdrawn [] Supervisor's Appt Thomas H. Wickham Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Initiator [] [] [] [] 39. Comments regarding resolution 668 COUNCILMAN KRUPSKI: This is really a, a really grass mots effort from the people who live around Goldsmith's Inlet, this is a, it is really remarkable that people who live in the community care so much about a wonderful asset, which is Goldsmith's Inlet and are really working with the Town and really doing above and beyond, going above and beyond to help the health of the inlet from just physically July 28, 2009 Page 33 Southold Town Board Meeting Minutes cleaning it up to try to planning it and looking at it as a whole watershed and worrying about the whole water quality and the future of it as far as water quality. And you know, we thank you for that. Closing Statements Supervisor Russell SUPERVISOR RUSSELL: That concludes the items on the agenda. come up and address the Town Board on issue? Would anybody like to Lori Salmon, Southold LORI SALMON: Lori Salmon, Southold. I just have a couple of questions and a suggestion. One of my questions is, what is the fine for illegal dumping, such as the garbage cans at the beaches? SUPERVISOR RUSSELL: $1,000. MS. SALMON: I think maybe I understand what you said .... SUPERVISOR RUSSELL: Maximum. I am sorry, the maximum is up to $1,000. It would be at the discretion of a judge to set a fine. And he is maxed out at $1,000. MS. SALMON: Okay. and the summer cops that we hire during the summer, they can write tickets for that? SUPERVISOR RUSSELL: Yes, they can. The TCO's, absolutely. MS. SALMON: I suggest that maybe that is something that should be thought about. I mean, I can understand not wanting to put a full-time cop who is making a lot of money out there watching the beaches and watching the garbage cans but I think you could probably make a lot of revenue if you set somebody out there in the evening instead of sending, you know, the workers out there to pick up garbage on the weekends, which is, you know, which is what is happening. You know, you are spending overtime instead of what you would be paying a summer cop to maybe make some revenue. At least, give it a try. That is my suggestion anyway. My husband works for the Town Highway Department which most of you know and I also would like to thank you for negotiating in good faith and the good job that union did. Will the Trustees and elected officials also be paying 5% of their insurance? SUPERVISOR RUSSELL: Yes. MS. SALMON: I commend you. Thank you. SUPERVISOR RUSSELL: Let me just say, the issue with the barrels. It really is getting to be a monumental problem and I agree with you. Enforcement is really what is key. The problem is, how do you go about that enforcement? We don't have that many TCO's and they are generally assigned to traffic control at events and all those other wonderful things they do. we have over 100 barrels out there. There was a gentleman from Cutchogne who wrote a letter to the Suffolk July 28, 2009 Page 34 Southold Town Board Meeting Minutes Times, his name is George Snyder, a couple of years ago that said why don't you split the fine with people who are willing to turn people in? I got to tell you, to date, it is the best idea I have heard because he says, hey look, for a $500 split fee, I will sit in a bush all night with a thermos of coffee. And that, at the end of the day, it is really becoming problematic with the enforcement end. At any rate, Hugh? Hugh Switzer, Peeonie HUGH SWITZER: Yeah, Hugh Switzer from Peconic. I want to acknowledge Scott, yourself, and A1 for taking the lead on the Goldsmith Inlet set of issues, because they are broad and very deep and I appreciate the time and effort you have both spent to understand them and to take a leadership role in the Town in helping us resolve what is becoming a very, very dreadful, very serious situation. And I also want to acknowledge the entire Town Board for stepping up to the plate and moving us forward on this. Thank you very much. SUPERVISOR RUSSELL: Thank you. Benja? COUNCILMAN ORLANDO: He is bringing electronics now with him. Benja Schwartz, Cutchogue BENJA SCHWARTZ: Hi, folks. How are you doing? Benja Schwartz, Cutchogue. Are you awake? I am not sure. Let me just tell you, I am working on a poem but it is not ready. All I have got is the title but the title is 'please don't throw the bathwater out with the baby' That is not ready. I have got my little computer here but you don't have the projector set up, so I can't show you the picture that I can look at here. If you go to the google maps, they have also satellite photos and street views. And in the street view, there is a view of the Main Road from Riverhead to Orient, including Mr. Wickham's farm stand there. Rather ironic that the view of the farm stand is blocked by a landscapers trailer, truck and trailer. It is right in front and you know, I think it is ironic but it is just a fact that we need to recognize that we are that residential agriculture, if you would call it that, is becoming more frequent out here. I know you have a meeting scheduled to discuss the difference between sound and noise and talking about the noise of leaf blowers and all, I know you are working on a lot of good things. I hope nothing that I say today negative causes you to put in your Benja earplugs. Try to keep it positive but this morning there was a discussion of Plum Island at the work session. I got here a little late but I didn't hear it mentioned tonight, was it mentioned earlier? SUPERVISOR RUSSELL: No, it wasn't mentioned. MR. SCHWARTZ: I think it is something that should be mentioned and other things like that, we spoke about last week about maybe the Supervisor giving a little report at Town Board meetings but just to briefly review the Department of Homeland Security, which is the branch of the federal government which is in charge of Plum Island is apparently required by law to sell the island. Not to transfer it to another part of the federal government but to sell it. So the Department came this morning to talk to the Town Board and rightly so, to alert the Town of Southold. I for one think that, you know, everybody in the Town of Southold might be concerned with that. Not just the Town of Southold. I was a bit disappointed or I didn't, the response of the Board that this would be loss to the Town of Southold and that it could be a July 28, 2009 Page 35 Southold Town Board Meeting Minutes major problem aggravating the already currently traffic problem between Greenport and Orient and actually all over town, as some of you may probably know, Mr. Wickham may be aware, the traffic in the hamlet of Cutchogue down here has been more stopped than go on several occasions in the past weeks, so any traffic study that is done there that tells you that we don't have a problem with the service of the traffic and the roads in Cutchogue, I think they, you know, they haven't been driving and trying to get from the light in the middle of Cutchogue to the King Kullen. It can take a half hour or longer. Anyway, so the traffic problems, it is a problem out there and it could be aggravated and the loss of the income and the employees that are out in Plum Island, of course that is a problem and in addition to that, the Town Board is now looking at its obligation once the federal government transfers that property to private hands, it will be under the jurisdiction and regulatory control, the land there will become subject to the Town of Southold zoning ordinance. Apparently the zoning ordinance does not have any provisions at this point but the law provides that the Town Board has the right now or will have the right as soon as it is sold, to legislate zoning regulations out there. That right is conditioned on the Town Board's legislating or at least being in the process of developing a comprehensive plan for the Town of Southold. So this again is one more reason to get moving on a comprehensive planning process. My concern is that right from the get go, I think we need to have more people, more brains than the Town Board and me and whoever else chooses to come up here to the mic, I think the town government, one of the obligations of town government is to push the information out there so people can see. Now last week I talked to you about the lack of a current budget posted on the accounting department's webpage. Nothing has been done about that. It takes a few minutes, doesn't cost anything. I am losing my visuals here. Thanks, Frank. As I was saying, the Town Board doesn't have all the answers, you are not expected to have all the answers. The Supervisor is not expected to have all the answers, we need to get the issues and the questions and the information that we have out there so that we can get all the people in town providing all the answers that we do have. We still are not going to have all the answers. But I think we will have a lot more answers. Apologize for ending on a negative note but I want to thank Scott Russell for making it abundantly clear, I think it was at the last Town Board meeting, that the fire on the, under the Throgs Neck bridge which tied up traffic between the mainland and Long Island was no importance to the Town of Southold. And I hear from a lot of people all the time I think a lot of people in the Town of Southold would agree with the position expressed by Mr. Russell, Supervisor Russell and apparently agreed to by all the other Board members since nobody said anything to contradict that position, that something that happens in New York City has nothing to do with the Town of Southold. A lot of people I heard from said they had no need to leave the Town of Southold, they were happy right here and they want to stay here, didn't want to go anywhere. But other people have businesses or have relatives or god forbid we had an emergency where there was a need to evacuate Long Island. The fact is that we are part of the New York metropolitan area since 1972, the Expressway has come as far as Riverhead and its not only easy but we also have these guided missiles or space ships or whatever they are, called the Hampton Jitneys, barreling down the Main Road every day that are, you know, going in and out of they city. I think it is way past the day when the Town of Southold can say that the connections by road to the rest of the New York metropolitan area are of no concern to the Town of Southold. You know, we have train, too but there is one a day. Waterways, we have had them forever, right? before man created the rails and the roads but the fact is that the transportation that is being used right now is the roads and I think that the July 28, 2009 Page 36 Southold Town Board Meeting Minutes Southold Town emergency management committee should and is concerned with that, if you look at their website, they have a link to road conditions all over New York state not just but especially between the island we are on and the mainland, I think that, I for one believe that we are part of the rest of the world and we need to accept that fact. Thank you very much. SUPERVISOR RUSSELL: Thanks, Benja. I almost hate to respond because I don't want to belabor this but a couple of issues, first, the notion that Plum Island was going to be sold to private hands was brought to my attention when Congress passed a law in September of 2008. I actually brought it to the Town Board then, this isn't new information to the Town Board, we had asked the Planning Board to start an evaluation of zoning on the island. Of zoning on the 9.5 acre parcel that sits at Orient Point, which is their ferry access. So that's already been something we have been working on. The good people that were here today were here to introduce themselves, they are from the general services administration who would be in charge of disposing of the island. But we have been working on that. We actually recognize, we don't have all the answers, which is why so often you will see a resolution asking us or enabling us to go out for consultants. Whether its for multi-year budgeting or for a comprehensive plan. Also on the issue of the comprehensive plan, Heather Lanza will be at the next Town Board meeting to outline a timetable, that is a project she has been working on. We met just the other day. She felt like she wanted two more weeks to outline for the Town Board a timetable on every step in the process for a comprehensive plan. But one thing I do agree with you on 100%, you didn't mention tonight, was the public component is the most important part of any comprehensive plan. MR. SCHWARTZ: Thank you for that. And I agree with you and I agree that you are doing a lot of things. You know, there are things that are overlooked that I think, speaking of Plum Island, Fishers Island has been a little bit in the news in Southold Town lately and the connection and the relationship between Southold and Fishers Island and I personally spoke with the Town Clerk after speaking to the Town Board and the town data processing, met multiple times, I finally spoke with the Town Clerk last week and she managed to get the link to the Cutchogue- New Suffolk Chamber of Commerce removed from the website which was up there for a couple of years after the organization merged with another organization. It was a dead link. It takes one second to remove a dead link. It also takes very little time to add a link. I also suggested to the Town Clerk that a link be added to the Fishers Island community board website. They have a pretty good website that started being developed which includes, by the way, a link to the Southold Town website. I believe a reciprocal link would be appropriate. But I don't see it yet and I have heard that some people think it might not be appropriate. So, anyway. Thank you very much. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? Rusty Aekroyd, DPW RUSTY ACKROYD: Good afternoon, Rusty Ackroyd from Southold. I would like to reiterate my glee that the CSEA and the Town Board has come to this agreement. I can now take a deep breath, being a new hiree. So thank you very much for that. On another issue, being an avid beach walker, fisherman, I don't know whether anyone is aware, the Trustees are aware the problems down at South Harbor beach in Southold. If you have ever noticed that after a heavy July 28, 2009 Southold Town Board Meeting Minute~ Page 37 rainstorm, there is a gully from the end of the dead end that runs right into the end of that creek to this point. And I have been fishing and using that beach for 20 years, that back end has filled in a minimum of 20 feet; where the mooring poles that are there are 15 feet or so in the sand. The phragmites are covered, the rib mussels that are there are covered and at each heavy rain, it gets worse and worse. I mean, the last time I was there it was an 18 inch gully about four feet wide. And you can just, it is almost like a landslide of sand into that back end creek. So I just wanted to make, at least maybe the Town Board and the Trustees aware of it. I don't know what the solution is but that creek is filling in pretty quickly. COUNCILMAN KRUPSKI: Yeah, we are having a drainage stormwater meeting, I think, Thursday. And I will bring that up. SUPERVISOR RUSSELL: That particular issue I know has been visited by the Trustees, the Highway Superintendent and the Engineer to try to engineer a solution there. MR. ACKROYD: Okay. SUPERVISOR RUSSELL: So I know they are aware of it. What we can do, will be something I am sure we will bring to the next meeting. MR. ACKROYD: Thank you. SUPERVISOR RUSSELL: Thank you. Yeah, Kathy. Kathleen Bower, Southold KATHLEEN BOWER: Hi, my name is Kathleen Bower from Southold and I am very happy that we were able to save our neighbors jobs. That was a very tense situation and I am just so happy to hear that it was resolved. The reason I am here today, I hate to complain, I know that you guys have so much on your plates but I have kind of been complaining for 7 years now, trying to get some kind of resolution to a problem that I have been dealing with. I went around, started knocking on my neighbors doors because I thought, you know, I am not the only one that knows there is something wrong here, so I did that. And what resulted was a petition. I have a petition with 60 signatures from the immediate neighbors surrounding my property. So I would like to read the petition to you. SUPERVISOR RUSSELL: Sure. MS. BOWER: And then I have some notes what I learned in my travels in meeting my neighbors. We the citizens of the hamlet of Southold in the Town of Southold, state of New York, United States of America petition the Town Board of the Town of Southold to immediately dispatch the Southold Highway Department under the supervision of the Town Engineer to remedy the unhealthy and unsightly and illegal situation on the southwest comer of Soundview Avenue and Hortons Lane. Due to the lack of storm drains the haphazard, careless way that the roads have been graded in the area, stormwater enters this Trustee protected land and lily pond across the street completely uninhibited. The appalling lack of drainage infrastructure, catch basins and retention tanks that due to their absence allow public stormwater July 28, 2009 Southold Town Board Meeting Minutes Page 38 runoff to be diverted into private property and public and private wetlands does not meet the minimum standards set by the federal and state regulations under the clean water act. The Board of Trustees is negligent with its mission to protect the endangered wetland plants that were flagged on my property by the Department of Environmental Conservation back in 1997, by allowing the Highway Department to continue this course. As a result, I have lost more than 40 large oak, maple and hickory trees ranging in size from 40 foot to 90 foot. They have been destroyed. The carcasses of these trees lay piled up all over the property. The owner, me, I have been denied the right to clean up these dead trees by the Board of Trustees. The Trustees have become, these trees have become a breeding ground for wood eating insects. The conditions have become a breeding ground for wood eating insects. The conditions are spreading throughout the neighborhood. The evidence of this die off is overwhelming. And it is in plain sight. I recently reported this disturbing situation to the New York State Department of Environmental Conservation. The DEC's freshwater team came out and inspected the property and agreed that the trees need to be cleaned up but they said that they cannot compel the Town Trustees to allow me to clean it up. The Trustees are the final authority. The Trustees do not base their decisions on sound science. The arbor society, for instance, recommends that one felled tree is most beneficial to maintain a healthy one acre woodland ecosystem. Along with the destruction of this woodland, creatures have lost their habitat and food source. Wetland creatures cannot get into the vernal pond. They try to go around but they end up as road kill. I am talking about turtles. The site has been inventoried by the Stormwater Runoff Committee. The site is referred to as a high priority stormwater remediation area containing a vernal pond. The Town has received numerous state and federal grants for stormwater remediation but has never gotten around to addressing this high priority site. For years, various town officials have state over and over again the importance of addressing stormwater runoff in our community for the protection and health of our waterways and our way of life. However, the spotlight on this issue seems to ebb and flow with the tides. The natural environment is too important to be neglected a moment longer. The insect infestation is serious and needs to be addressed immediately before any more trees are infected. Now I will give you all copies of that and these are just some notes that I took on my weeklong trek through the neighborhood. Sixty residents have signed the petition and I must tell you that my neighbors are very intelligent and fully aware of the stormwater issues on Soundview Avenue and the connecting roads. They drive these roads every day. Most every neighbor that I spoke to had their own story or their own concern to be heard. Many want to know when they should come to Town Hall in support of this petition, given the short notice of this Board's work session appointment due to the secretary's being on vacation, only I could be here today. Every neighbor is acutely aware of the unhealthy situation on the comer of Soundview and Horton's Lane. Many had a hard time understanding why the multitude of dead trees had not been cleaned up. Every neighbor is aware of the fact that the storm drains installed on Horton's Lane are not working. Many neighbors are dealing with swarming carpenter ants. Many have lost trees recently. A few neighbors have recently paid exterminators to eliminate carpenter ant infestations inside their homes. Several neighbors along Soundview Avenue are dealing with the stormwater destroying their properties. One gentleman in particular, Vincent Camagie, has a lake that he never had before in his backyard that keeps getting larger and larger. This water accumulation is recent and caused by the new build up on Renee Drive and the enormous house built directly across the street from him. Mr. Camagie has lost eight trees due to this water entering his property. Soundview Avenue in this July 28, 2009 Southold Town Board Meeting Minutes Page 39 area is cracked right down the middle. Water comes through this crack during storms. Mr. Carnagie has brought this situation to the attention of town officials but nothing has been done. The neighbors living on Booth Road have been waiting for their road to be properly repaired and storm drains installed. In January, in 2005, as a result of another petition that I brought about due to the fact that Booth Road is a sheet of ice all winter and an accident that could have been fatal, a trench was installed by the Highway Department, diverting water into a private, unimproved lot. The trench has now all broken away. This temporary fix has not been addressed in four and a half years. Does someone have to die to get this project completed? Most neighbors are concerned about the health of lily pond. That is right across the street from my property. They are appalled that stormwater, with all its inherent pollutions is directed to this little jewel. And that is, you know, the highlights. But basically everyone has something to add to the petition. So, is there anything that we can do about this? SUPERVISOR RUSSELL: I actually asked Ruthanne to invite you on your specific issue, to come to the stormwater management meeting, so we can outline some of the terms I had talked to you about with regard to your immediate issues. I don't, I realize you work, so I asked Ruthanne to touch base with you to see what time would work for you, so we can work a meeting around your schedule. Because we typically meet during the day and that is not easy for you, I know. We have actually, on some of the issues, it is about illegal discharge, I have authorized the town code enforcement officer to go out and drive through that area to look for the illegal discharge that may be taking place from some of the new construction. I have authorized him to go ahead on overtime which has been very tight but in this case essential, because that is when storm events take place. I asked him, he has gone out a few times. I have asked him to go out during storm events, during, whether it is a Saturday or a Friday evening to try to locate this discharge. That is the first issue that needs to be resolved is that the drainage code needs to be enforced. Second to that, we have some other issues that we need to work with you on in terms of, that is a very difficult area. You know, you know our difficulty every time we put a stormwater drain, we hit water. Down by where you go, up on Booth Road, I think I emailed you that the Highway Department had agreed to put more drains up on Booth Road. The lower you go, down towards Soundview, we get water at four or five feet so we can't put catch basins that hold any water because of the water table. MS. BOWER: Right. Catch it before it gets down. SUPERVISOR RUSSELL: Well, that is why he was willing to go out and put more catch basins on Booth Road. But I would firmly recommend you bring those concerns to talk to us as a group and we will identify with you some of the steps we are taking and then you can identify for us some of the steps you would like to see us take. But I know Ruthanne was going to reach out to you to do that. MS. BOWER: Okay. All right. Thank you so much. SUPERVISOR RUSSELL: Would anybody else like to come up? Don't we have a dress code? You guys are allowed to wear shorts to work? You don't want me wearing shorts. Would anybody else like to come up and address the Town Board on any issue? July 28, 2009 Southold Town Board Meeting Minutes Page 40 Councilman Krupski COUNCILMAN KRUPSKI: I just had this proclamation, I went to, the Peconic Land Trust had a picnic just up the road here on a piece of land they now own, it was the Chamews farm on Youngs Avenue and they had their annual picnic there and they presented this to the town and so I am going to give it to the Supervisor, on behalf of the Peconic Land Trust, recognizes the Town of Southold as a friend of land conservation and expresses appreciation for its extraordinary leadership and commitment to community preservation, its long history of partnership with the trust and I will give that to the Supervisor and .... Supervisor Russell SUPERVISOR RUSSELL: We accepted a bid before for a gentleman to knock down an old house and Albert and I were just talking and decided it would just be fun if we sent them to Vinnie's house, as the address. Motion to adjourn? Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:33 P.M. Eliz~beth A. lx'e~i]~e~ Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell