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Home My WebLink AboutTB-08/11/2009ELIZABETH 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.nonhfork.net MINUTES August 11, 2009 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, August 11, 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 August 11, 2009 at ~et ng Hall, 53095 Route 25, $outhold, NY. Attendee Name William Ruland Vincent Orlando Albert Krupski Jr. Thomas H. Wickham Louisa P. Evans Scott Russell Elizabeth A. Neville Martin D. Finnegan ; Organization Town of ~uthold Town of 86~thold Town of Southold To~vn of Southold Town of Southold Town of Southold Town of S°uthold Towa of Southold Title Status Councilman Present C6uncilman Present Councilman Present Councilman Present Justice Present Supervisor Present Town Clerk Present Town Attorney Present I. Reports !~ !! iii Recreati D pt~i ~ July,2009 Arrived Zoning Board of APpeals June 2009 Town Clerk Monthly Report July 2009 4. Human Resource Center July 2009 August 11, 2009 Page 2 Southold Town Board Meeting Minutes 5. Board of Trustees July 2009 6. Program for the Disabled July 2009 II. Public Notices 1. Liquor License Application Orient by the Sea Restaurant, Main Rd., Orient to add existing outside picnic tables to existing license and add an outside portable bar. III. Communications IV. Discussion 1. Event Application for Maritime Music Event 2. 9:15 A M - Lloyd Reisenberg Channel 22 issues & Network upgrade project 3. 9:45 A.M. - Heather Lanza Planning Report for change of zone; Comprehensive Plan Update 4. 10:15 A.M. - Mark Terry, Hugh Switzer, Jamie Richter - Goldsmith Inlet grant applications - Goldsmith Inlet Final Scope for Draft Environmental Impact Statement 5. 10:30 A.M. - Jim McMahon Trash pick up 6. 10:45 A.M. - Damon Rallis Abandoned dwelling in Browers Woods 7. 11:00 A.M. - Fishers Island - Jamie Richter re: Drainage Plan for Lake Mobil - Purchase of video teleconferencing equipment - Prepare seperate bond for road surfacing, F I ? 8. Noise Issues / Complaints August 11, 2009 Page 3 Southold Town Board Meeting Minutes. 9. Request for Water Hook Up 10. Cancelled 11. Guardrail at McCabe's Beach 12. LL/SWMD Permit Duration 13. (IV 14 Has Been Combined W/IV4) 14. EXECUTIVE- Litigation - Settlement of State Farm/Gunder - Settlement of Stanton lawsuit 15. Executive Session PBA negotiations update 16. Department of Public Works Monthly Report July 2009 Pledge to the Flag Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. Okay, at this point in the meeting, I am going to ask anybody that would like to come up and comment on any of the agenda items, please feel free. Peter. Opening Statements Peter Terranova, Peconic PETER TERRANOVA: Good evening, Peter Terranova from Peconic. I want to just talk a little bit about resolution 2009-704 which deals with accepting the final scope of the draft environmental impact statement DEIS for the proposed jetty stabilization and repair at Goldsmiths Inlet. I believe this resolution should be tabled or at least, at least tabled; perhaps even voting against accepting it in its present form. Couple of reasons for this. One, contrary to the fact that we were told in the past that the interested parties would receive copies of documents like this ahead of time, this was not available, at least to the public, until today even though it was published on August 4th. I don't believe that not only the public but I don't believe that the members of the town council have had an adequate amount of time and opportunity to review the details of this final draft here in lieu of all the thoughtful testimony that was given by many residents over the two public scoping sessions that the Town Board was so gracious to hold. Case in point, don't want to go into any big detail but I know where I think that this Town Board feels that its resolutions are important and that your resolutions should not be looked upon as trivial or unimportant by subsequent administrations down the road that might succeed you, right? I take that, now, I have got the minutes of a public meeting, Town Board meeting, Town August 11,2009 Page 4 Southold Town Board Meeting Minutes of Southold, August 6th 1963, this is moved by Councilman Demarest, seconded by Justice Tuthill. Whereas County of Suffolk has requested blah, blah, blah, blah, blah, estimates of cost, prepare plans and estimates of costs for erosion control at Goldsmiths Inlet in conjunction, in accordance with Chapter 535 laws of 1945 as amended so on and so forth. That is to say they are going out for bids for the construction of the jetty for erosion control. Okay? On October 22, 1963 again, page 3 of the Town of Southold's meeting minutes and resolutions Supervisor Albertson noted that he has been advised that the contract has been awarded for the 300 foot erosion control jetty to be constructed at Goldsmiths Inlet at Peconic. Okay, so these are official town documents. Yet, this final scope says the jetty was subsequently constructed by the State in partnership with the Town who was considering constructing a marine in Goldsmiths Pond. Now, okay, so you guys are saying that all the prior resolutions mean nothing. At least let's get the facts straight, we want this document to be thorough, we want it to be accurate because we want the process to move forward in the way it should, okay? it is filled again with inaccuracies and inconsistencies that unfortunately, I don't think you all have had the time to really go through it. I just want to make mention of one and there are others, very glaring ones. On that same page, the last dredging event, the inlet, occurred in early 2008. Well, that is the same statement that was in the last preliminary draft. The last dredging was in early 2009. They just cut and pasted. There are other inaccuracies. So, I ask that the Town Board spend some time to read the document. You have, most of you, I am sure remember a lot of the issues that were raised that were factual issues, there are a lot of inconsistency in here. I don't think it serves the Town well to adopt it in its current form. Doesn't mean it can't be modified, changed and improved upon so that it is a document that is credible and stands the test of scrutiny, which you want I believe. Thank you very much. SUPERVISOR RUSSELL: Thank you, Peter. Would anybody else like to come up? Benja? BENJA SCHWARTZ: Good evening, Benja Schwartz from Cutchogue. Looking at resolutions # 685, 686, 687, 688, 690 guess we skipped 689, 691,692 and 693 and it appears to me that the text in all those resolutions is identical except for two or three words per resolution. Is there any reason why this couldn't have been done with one resolution? COUNCILMAN KRUPSKI: There was a reason. Yes. JUSTICE EVANS: They are all for separate contracts. SUPERVISOR RUSSELL: We had actually, that is an issue that has been raised by a Town Board member but I believe that it was at the County's insistence that each be adopted by separate resolution. TOWN ATTORNEY FINNEGAN: Three separate agreements. SUPERVISOR RUSSELL: Separate agreements. TOWN ATTORNEY FINNEGAN: We have to attach a resolution to each agreement for the County to accept it, so. August 11, 2009 Page 5 Southold Town Board Meeting Minutes MR. SCHWARTZ: Sure did end up in a lot of extra double sided copies. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address the Town Board on any of the other resolutions? Hearing none. Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, July 28, 2009 Vote Record - Acceptance of Minutes for July 28, 2009 4:30 PM Yes/Aye No/Nay Abstain Absent William Rulmd Voter [] [] [] [] [] Accepted Vincent Orlando Voter [] [] [] [] [] Accepted as Amended Albert Krupski ,Ir Voter [] [] [] [] [] Tabled Thomas H Wickham Seconder [] [] [] [] Louisa P. Evans Initiator [] [] [] [] Scott Russell Voter [] [] [] [] V. Resolutions 2009-676 CA TEGOR Y: Audit DEPARTMENT: Town Clerk Approve A udil 8/11/09 RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated August 11~ 2009. Vote Record - Resolution RES-2009-676 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Rulmd Voter [] [] [] [] [] Defeated Vincem Orlando Voter [] [] [] [~ [] Tabled [] Withdrawn Albert Krupski Jr. Voter [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Seconder gl [] [] [] [] Tax Receiver's Appt Louisa P Evans Initiator [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-677 CA TE GOR Y: DEPARTMENT: Set Meeting Town Clerk Set Next Meeting 8/25/09 4:30 Pm August 11, 2009 Page 6 Southold Town Board Meeting Minutes RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, August 25, 2009 at the Southold Town Hall, Southold, New York at 4:30 P. M.. Vote Record - Resolution RES-2009-677 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Rulmd Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled [] Withdrawn Albert Kmpski Jr. Voter [] [] [] [] [] Supervisor's Appt Thomas H Wickham Seconder [] [] [] [] [] Tax Receiver's Appt Louisa P Evans Initiator [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-678 CA TEGOR Y: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the Mattituck Chamber of Commerce to Hold Its Annual Love Lane Movie Nights and Close Love Lane on Thursday, August 13 and Friday, .,t ugust 28, 2009from 6.'00 PM to 11 PM Fiscal Impact: Total Police cos(for event = $182.64 per night RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Mattituck Chamber of Commerce to hold its Annual Love Lane Movie Nights and close Love Lane on Thursda¥~ August 13 and Frida¥~ August 28~ 2009 from 6:00 PM to 11 PM, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control. The Special Event fee orS100 and $250 Clean-up deposit fee shall be waived. Vote Record - Resolution RES-2009-678 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Rul~nd Initiator [] [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled [] Withdrawn Albert Krupski Jr. Voter [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Voter [] [] [] [] [] Tax Receiver's Appt Louisa P Evans Voter [] [] [] [] [] Rescinded ScoU Russell Voter [] [] [] [] 2009-679 CA TEGOR Y: DEPA R TMENT: Refund Human Resource Center Refund Human Resource Center August 11, 2009 Page 7 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund be issued to Theresa A. Connell~ 50 South Harbor Road~ Southold~ NY~ in the amount of $250.00 for Adult Day Care Services that were not utilized due to medical issues. Vote Record - Resolution RES-2009-679 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Rulmd voter [] 121 [] [] [] Defeated vincent orlando Initiator [] [] [] [] [] Tabled Albert Krupski Jr. Seconder [] [] [] [] [] Withdrawn Thomas H. Wickham Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Louisa P Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-680 CA TE G O R Y: DEPARTMENT: Employment - FIFD Fishers Island Ferry District Karla Heath Movie Theatre Cleaning WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their August 4, 2009 meeting to hire Karla Heath as a part time clerk effective July 1, 2009 and ending on September 7, 2009 at the rate of $15.00 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 Karla Heath to the position of a part time clerk for the Fishers Island Ferry District effective July 1, 2009 through September 7~ 2009 at a rate of $15.00 per hour, for the operation of cleaning the movie theatre for the summer season starting on July 1, 2009 and ending on September 7, 2009. Vote Record - Resolution RES-2009-680 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [3 [] [] [] Defeated Vincent Orlando Seconder I~ [] [] [] [] Tabled [] Withdrawn Albert Krupski Jr, Initiator [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Voter [] [] [] [] [] Tax Receiver's Appt Louisa P Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] August 11, 2009 Page 8 Southold Town Board Meeting Minutes 2009-681 CA TE GOR Y: DEPARTMENT: Bid Acceptance Fishers Island Ferry District FI Elizabeth .4irport Bid Accepts RESOLVED that the Town Board of the Town of Southold, at the request of the Fishers Island Ferry Districh hereby accepts the bid of Hi-Lite Markings~ Inc. of Adams Center~ NY~ for the contract titled "Elizabeth Field Airport Runway Crack Repair and Sealing" FAA AlP No. 3-36-0029-16-09 (D), NYSDOT Project No. 0913.16 (D) in the amount of $139,048.00, all in accordance with the Town Attorney. Vote Record - Resolution RES-2009-681 [~ Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Rul*md Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled [] Withdrawn Albert Krupski Jr. Voter [] [] [] [] [] Supervisor's Appt l'homas H Wickham Initiator [] [] [] [] [] '[ax Receiver's Appt Louisa P Evans Seconder [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-682 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Fishers Island Ferry District Property/Liability Insurance FIFD RESOLVED that the Town Board of the Town of Southold hereby renews the 200%2010 Property/Liability insurance package for the Fishers Island Ferry District, administered by Gencorp Insurance Group for the renewal premium of $52~026.13, all in accordance with the Town Attorney. Vote Record - Resolution RES-2009-682 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Initiator [] [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled El Withdrawn Albert Krupski Jr Voter [] [] [] [] [] Supervisor's Appt Thomas ti Wickham Voter [] [] [] [] [] Tax Receiver's Appt Louisa P Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] August 11, 2009 Page 9 Southold Town Board Meeting Minutes 2009-683 CATEGOR~ DEPARTMENT Contracts, Lease& Agreements TownAttomey Authorizes and Directs Supervisor Scott A. Russell to Execute the Grant of Drainage Easement and All Other Necessary Documents to Effectuate Same Between Trust U/A Paul L. Mitchell and the Town of Southold RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Grant of Drainage Easement and all other necessary documents to effectuate same between Trust U/A Paul L. Mitchell and the Town of Southold, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2009-683 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Initiator [] [] [] [] [3 Tabled Albert Krupski Jr. Seconder [] [] [] [] [] Withdrawn Thomas H. Wickham Voter [] [] [] [] [] Supervisor's Appt Louisa P. Evans voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scoit Russell Voter [] [] [] [] 2009-684 CA TEGO R Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Police Radio Agreement W/Sheher Island Town RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Police Radio Agreement between the Town of Southold and the Town of Shelter Island regarding receiving and dispatching radio transmissions on behalf of Shelter Island Town by the Town of Southold at its radio base station, whereby the Town of Shelter Island agrees to pay the Town of Southold the sum of $47,473.00 for 2009, with annual increases consistent with CPI. August 11, 2009 Page 10 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2009-684 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruled Seconder [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled [] Withdrawn Alberl Krupski Jr. Initiator [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Voter ~ [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter 1~ [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-685 CA TE GOR Y: DEPA R TMENT: Contracts, Lease & Agreements Town Attorney Dredging Brushes Creek WHEREAS the Town of Southold has requested the County of Suffolk to dredge a navigation channel in Brushes Creek, Town of Southold; and WHEREAS the County of Suffolk proposes to do said dredging of Brushes 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 Attomey. August 11, 2009 Page 11 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2009-685 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Rul~ld Seconder [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled [] Withdrawn Albert Krupski Jr. Voter [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Initiator [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-686 CA TE GOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Dredging Cedar Beach Harbor Inlet WHEREAS the Town of Southold has requested the County of Suffolk to dredge a navigation channel in Cedar Beach Harbor Inlet, Town of Southold; and WHEREAS the County of Suffolk proposes to do said dredging of Cedar Beach Harbor Inlet in the Town of Sonthold 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. August 11, 2009 Page 12 Southold Town Board Meeting Minutes Vole Record - Resolution RES-2009-686 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Rulaqd Voter [] [] [3 [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled [] Withdrawn Albert Krupski Jr. Voter [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Initiator [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Seconder [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-687 CA TE GOR Y: DEPA R TMENT: Dredging Corey Creek Contracts, Lease & Agreements Town Attorney WHEREAS the Town of Southold has requested the County of Suffolk to dredge a navigation channel in Corey Creek, Town of Southold; and WHEREAS the County of Suffolk proposes to do said dredging of Corey 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. August 11, 2009 Page 13 Southold Town Board Meeting Minutes Vote Record - Resolution RES~2009-687 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended Wdliam Ruined Initiator [] [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled Alberi Krupski Jr. Voter [] [] [] [] [] Withdrawn Thomas H. Wickham Voter [] [] [] [] [] Supervisor's Appt Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scotl Russell Voter [] [] [] [] 2009-688 CA TE G O R Y: DEPARTMENT: Dredging Goose Creek Contracts, Lease & Agreements Town Attorney WHEREAS the Town of Southold has requested the County of Suffolk to dredge a navigation channel in Goose Creek, Town of Southold; and WHEREAS the County of Suffolk proposes to do said dredging of Goose 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. August 11, 2009 Page 14 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2009-688 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] V3 [] [] Defeated Vincent Orlando Initiator [] [] [] [] [] Tabled AIberl Kmpski Jr. Seconder [] [] [] [] [] Withdrawn Thomas H. Wickham Voter [] [] [] [] [] Supervisor's Appt Louisa P, Evans Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-689 CATEGOR~ DEPARTMEN~ Committee Appointment Town Clerk Appoint Beth Motschenbacher and Stephen F. Kiely to the Housing Advisory Commission RESOLVED that the Town Board of the Town of Southold hereby appoints Beth Motschenbacher and Stephen F. Kiely to the Itousing Advisory Commission~ effective immediately through March 31, 2012. Vote Record - Resolution RES-2009-689 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled Albert Krupski Jr. Initiator [] [] [] [] [] Withdrawn Thomas H. Wickham Voter [] [] [] [] [] Supervisor's Appt Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-690 CA TEGO R Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Dredging Jockey Creek Spur WHEREAS the Town of Southold has requested the County of Suffolk to dredge a navigation channel in Jockey Creek Spur, Town of Southold; and WHEREAS the County of Suffolk proposes to do said dredging of Jockey Creek Spur in the Town of Southold at a nominal cost to the Town of Southold, and August 11, 2009 Page 15 Southold Town Board Meeting Minutes 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. Vote Record - Resolution RES-2009490 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Voter El [] [] [] [] Tabled Alber~ Krupski Jr. Voter [] [] [] [] [] Withdrawn [] Supervisor's Appt Thomas H. Wickham Seconder El [] [] [] Louisa P. Evans Initiator El [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter El [] [] [] 2009-691 CATEGOR~ DEPARTMEN~ DredgingLit~Creek Contracts, Lease & Agreements Town Attorney WHEREAS the Town of Southold has requested the County of Suffolk to dredge a navigation channel in Little Creek, Town of Southold; and WHEREAS the County of Suffolk proposes to do said dredging of Little 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 August 11, 2009 Page 16 Southold Town Board Meeting Minutes 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 necessar~ plans and specifications~ surplus material area agreements~ assurances to the Court .ty 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. Vote Record - Resolution RES-2009-691 [] Adopted Yes/Aye No/Nay Abstain Absent U1 Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincenl Orlando Voter [] [] [] [] [] Tabled Albert Krupski Jr. Voter [] [] [] [] [] Withdrawn Thomas H. Wickham Initiator [] [] [] [] [] Supervisor's Appt Louisa P. Evans Seconder [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter g'l [] [] [] 2009-692 CATEGOR~ DEPARTMEN~ Contracts, Lease & Agreements Town Attorney Dredging Mill Creek (Budds Pond) WHEREAS the Town of Southold has requested the County of Suffolk to dredge a navigation channel in Mill Creek (Budds Pond), Town of Southold; and WHEREAS the County of Suffolk proposes to do said dredging of Mill Creek (Budds Pond) 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 August 11, 2009 Page 17 Southold Town Board Meeting Minutes 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. Vote Record - Resolution RES-2009-692 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Initiator [] [] [] [] [] Defeated Vincent Orlando Seconder na [] [] [] [] Tabled Albert Krupski Jr. Voter [~ [] [] [] [] Withdrawn Thomas H. Wickham Voter [] [] [] [] [] Supe~visor's Appt Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [3 [] [] 2009-693 CATEGOR~ DEPARTMEN~ Contracts, Lease & Agreements Town Attorney Dredging Richmond Creek WHEREAS the Town of Southold has requested the County of Suffolk to dredge a navigation channel in Richmond Creek, Town of Southold; and WHEREAS the County of Suffolk proposes to do said dredging of Richmond 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 August 11,2009 Page 18 Southold Town Board Meeting Minutes 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. ,~' Vote Record - Resolution RES-2009-693 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Rula~d Voter [] [] [] [] [] Defeated Vincent Orlando Initiator [] [] [] [] [] Tabled Albert Krupski Jr, Seconder [] [] [] [] [] Withdrawn Thomas H. Wickham Voter [~ [] [] [] [] Supervisor's Appt Louisa P Evans Voter [] [] [] [] F1 Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-694 CATEGOR~ DEPARTMEN~ Budget Modification Accounting Budget Modification for Debt Service RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 General Fund Whole Town budget as follows: From: A.9730.7.000.000 Bond Anticipation Notes, Interest $ 825.00 To.' A.9730.6.000.000 Bond Anticipation Notes, Principal $ 825.00 ~' Vote Record - Resolution RES-2009-694 [~ Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Rulaad Voter [~ [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled Albert Krupski .Ir Initiator [] [] [] [] [] Withdrawn Thomas H. Wickham Voter [] [] [] [] [] Supervisor's Appt Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-695 CA TE GOR Y: DEPARTMENT: Legislation Town Attorney LL/No Parking Area Champlin Place August 11, 2009 Page 19 Southold Town Board Meeting Minutes WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 11th day of August, 2009, a Local Law entitled "A Local Law in relation to No Parking Area on Champlin Place and Main Street, Greenport' 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 8th day of September, 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 No Parking Area on Champlin Place and Main Street, Greenport" reads as follows: LOCAL LAW NO. 2009 A Local Law entitled, "A Local Law in relation to No Parking Area on Champlin Place and Main Street, Greenport". BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose - In order to provide for the health, safety and welfare of the citizens of the Town of Southold, the Town Board finds it necessary to enact these limited parking restrictions on Champlin Place in Greenport. II. Chapter 260 of the Vehicle and Traffic Code of the Town of Southold is hereby amended as follows: § 260-8. Parking prohibited at all times. The parking of vehicles is hereby prohibited at all times in any of the following locations and at any other location where signage indicates "no parking": Name of Street Champlin Place Side Location Both In Greenport, on both sides of Champlin Place from the intersection with Main Street, easterly for approximately 160 feet. August 11, 2009 Page 20 Southold Town Board Meeting Minutes 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-2009-695 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruined Voter gl [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albert Krupski Jr. Voter [] [] [] [] [] Withdrawn Thomas H. Wickham Seconder [] [] [] [] [] Supervisor's Appt Louisa Pi ~a~s Initiator [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-696 CA TE G O R Y: DEPARTMENT: Retirement/Resignation Accounting Accept the Resignation of Amanda Fink Asst. Cook RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Amanda Fink from the position of Assistant Cook in the Human Resource Center effective August 28, 2009. ~ Vote Record - Resolution RES-2009-696 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruled Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albert Kmpski Jr. Voter [] [] [] [] [] Withdrawn Thomas H. Wickham Initiator [] [] [] [] [] Supervisor's Appt Louisa P. Evans Seconder [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-697 CA TEGOR Y: DEPARTMENT: Misc. Public Hearing Town Attorney August 11, 2009 Page 21 Southold Town Board Meeting Minutes Set PH for ?&E, LLC Open Development Area WHEREAS, the Planning Board for the Town of Southold has issued sketch plat plan approval for a conservation subdivision on August 10, 2009, pursuant to Section 240-26(A) of the Town Code; and WHEREAS, the Town Board has received a petition from P&E, LLC to establish an open development area pursuant to Chapter 240 of the Town Code; now, therefore, be it RESOLVED that pursuant to the provisions of Chapter 240 (Subdivision of Land), Article VIII (Open Development Area), of the Town Code, the Town Board of the Town of Southold hereby accepts the petition of P&E~ LLC to establish open development area as complete~ and hereby sets Tuesda¥~ August 25~ 2009~ at 4:32 p.m.~ Southoid Town Hall~ 53095 Main Road~ Southold~ New York~ as the time and place for a public hearing for the establishment of an open development area on property owned by P&E~ LLC, said property is identified as part of SCTM #1000-120-3-11.11, with an address at 5655 Aldrich Lane, Laurel. The property is located in the A-C zoning district and is on the westerly side of Aldrich Lane, approximately 1,200 feet south from the intersection of Aldrich Lane and Sound Avenue in Laurel, New York. The proposed open development area is located on 3.78 acres of the 22.17+_ acre parcel. The open development area consists of three lots of approximately 1.26+__acres per lot. The development rights of the remaining 18 +acres are to be acquired by the Town using Community Preservation Funds and subject to a development rights easement. FURTHER NOTICE is hereby given that a more detailed description of the above-mentioned petition to establish an open development area is on file in the Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. August 11, 2009 Page 22 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2009-697 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruled Initiator [] [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] [] [3 'fabled Albert Krupski Jr Voter [] [] [] [] [] Withdrawn Thomas H Wickham Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Louisa P Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-698 CA TEGOR Y: DEPA R TMENT: Litigation Town Attorney Settlement of&ate Farm/Gunder Litigation RESOLVED that the Town Board of the Town of Southold hereby authorizes the settlement of the action entitled "State Farm Fire and Casualty Compan¥~ as Subrogee of Hugh Gunder and Laura Gunder v. Suffolk County Water Authority~ Suffolk Water Connection~ Inc.~ Sta-Rite Industries~ Inc, and the Town of Southold", in accordance with the terms of the Stipulation of Discontinuance dated July 22, 2009, all in accordance with the Town Attorney's approval. Vote Record - Resolution RES-2009-698 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Rula~d Voter [] [] [] [] [] Defeated Vincent Orlando Initiator Iii [] [] [] [] Tabled [] Withdrawn Albert Kmpski Jr, Voter [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Seconder [] [] [] [] Louisa P. Evans Voter ~ [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-699 CA TE GO R Y: DEP~IRTMENT: Advertise Human Resource Center Advertise for Assistant Cook RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for an Assistant Cook for the Human Resource Center. August 11, 2009 Page 23 Southold Town Board Meeting Minutes Vote Record - Resolution RES-200%699 ~ Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Rulaad Voter I~ [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled Albert Kmpski Jr. Initiator [] [] [] [] [] Withdrawn Thomas H. Wickham Voter [] [] [] [] [] Supervisor's Appt Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-700 CATEGOR~ DEPARTMEN~ Budget Modification Assessors 2009 Budget Mod - Assessors Fiscal Impact: This budget modification is to cover the secretary for the Board of Assessment Review. RESOLVED that the Town Board of the Town of Southold hereby modifies the Whole Town~ General Fund 2009 budget as follows: To: A1355.1.200.100 From: Al 355.4.500.300 Board of Assessors Part Time Employees Regular Earnings $1,600.00 Board of Assessors Fee for Service Assessor Consultant $1,600.00 Vote Record - Resolution RES-2009-700 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albert Kmpski Jr. Voter [] [] [] [] [] Withdrawn Thomas H. Wickham Seconder [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Louisa P. Evans Initiator 1~ [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-701 CA TE GO R Y: DEPA R TMEN T: Budget Modification Assessors 2009 Budget Mod - Assessors Fiscal Impact: August 11, 2009 Page 24 Southold Town Board Meeting Minutes This budget modification is to cover future 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 $6,200.00 From: A1355.4.500.300 Board of Assessors Fee for Service Assessor Consultant $6,200.00 ~' Vote Record - Resolution RES-2009-701 ~ Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Rula~d 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 [] [] [] [] 2009-702 CA TEGOR Y: DEPA R TMENT: Contracts, Lease & Agreements Town Attorney Amend Resolution No. 2009-675 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2009-675 adopted August 5~ 2009 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Cost Plus Fixed Fee Consultant Agreement for construction observation and administration services between the Town of Southold and C&S Engineers, Inc. in the amzunt c,f $5,9°,g7.00 not to exceed the amount of $45,900.00 in connection with Project No. 3-36-0029-17-09(C) regarding runway crack repairs and sealing project at Elizabeth Field Airport, Fishers Island, New York, subject to the approval of the Town Attorney. August 11, 2009 Page 25 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2009-702 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Rulm~d Initiator [] [3 [] [] [] Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled [] Withdrawn Albert Krupski Jr. Voter [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Voter [] [] [] [] [] T~x Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-703 CA TE GOR Y: DEPARTMENT: Big Suga Barge Bash Special Events Town Attomey RESOLVED that the Town Board of the Town of Southold hereby grants permission to John Kramer to hold the Big Suga Barge Bash on Saturday~ August 15~ 2009~ from 2:00 PM to 5:00 PM in a location to be approved by the Southold Town Police Department within the navigable waters of the Town, subject to the submission by the applicant of a Certificate of Insurance not less than $1,000,000 naming the Town of Southold as additional insured during the time of the event and the payment of a deposit in an amount to be determined by the Southold Town Police Department for the estimated direct costs attributable to additional police coverage for the event. Vote Record - Resolution RES-2009-703 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Initiator [] [] [] [] [] Tabled [] Withdrawn AIber~ Krupski .Ir Seconder [] [] [] [] [] Supervisor's Appt Thomas H Wickham Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-704 CA TEGOR E' Seqra DEPARTMENT: Town Attorney Adopt Final Scope/Goldsmith Inlet WHEREAS, the Town Board of the Town of Southold (the "Board") is aware of, has participated in the preparation of, or has prepared a number of studies, analyses, etc. over the August 11, 2009 Page 26 Southold Town Board Meeting Minutes past approximately 20 years; and WHEREAS, the Board caused to be prepared an analysis of these studies to determine the most efficient action to be taken, entitled "An Assessment of Jetty Shortening Alternatives Goldsmith Inlet, Bay, and Adjacent Shorelines;" and WHEREAS, the Assessment delineated a number of recommendations that would provide needed mechanisms to achieve the following goals: 1 To reduce the need for dredging at Goldsmith's Inlet as a result of the jetty. 2 To mitigate any potential adverse impacts from the reduction in jetty size to downdrift properties; and WHEREAS, the Board intends to implement the recommendations of the studies and analyzed in the Assessment, to advance the goals of the Town; and WHEREAS, the Board established a team of professionals to assist with the implementation of the proposed shortening of the jetty; and WHEREAS, the Board finds that by virtue of the fact that it is intended to implement one of the recommendations that was contained in the Assessment, it is consistent with the overall goals for the shoreline; and WHEREAS, the action is not expected to cause significant adverse impacts since it advances the goals of the Town; however, the action is of local significance, and does involve changes to natural resources; is an Unlisted action pursuant to the New York State Environmental Quality Review Act (SEQRA) and Title 6 of the New York State Code of Rules and Regulations (6 NYCRR) Part 617, and, lastly that the action will affect property, resources and the shaping of the shoreline's future; and WHEREAS, the Board has the authority to effect changes to the jetty which is Town owned, subject to required permits at the Town, State and Federal levels of government; and August 11,2009 Page 27 Southold Town Board Meeting Minutes WHEREAS, on July 15, 2008 the Town Board declared its intent to assume lead agency status under SEQRA, declared its intent to classify the proposed action as an Unlisted Action under SEQRA, and declared its intent to prepare a DEIS; and WHEREAS, on October 21, 2008, the Town Board declared itself the Lead Agency for the purpose of SEQRA review of the proposed action, classified the proposed action as an Unlisted Action pursuant to 6 NYCRR Part 617, and issued a positive declaration requiring a DEIS upon the completion of the coordination period; and WHEREAS, the Town has prepared and submitted a Draft Scope for the proposed action for review by the Town Board, involved and interested agencies and the public; and WHEREAS, the Town has held two duly noticed public hearings on the Draft Scope on December 2, 2009 and on March 10, 2009 at which members of the public and involved and interested agencies were given the opportunity to comment on the Draft Scope; and WHEREAS, the Town Board has carefully considered all relevant comments regarding the Draft Scope, has made certain revisions to the Draft Scope based upon public comments, and has submitted the revised Draft Scope for acceptance as the Final Scope. NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Southold, acting as Lead Agency in accordance with 6 NYCRR Section 617.8 determines that the proposed Final Scope properly identifies the potential for significant adverse impacts on the environment and hereby adopts the same and directs that a DEIS on the proposed action be prepared. Vote Record - Resolution RES-2009-704 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Rul~md Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Albert Krupski Jr Initialor [] [] [] [] [] Supe~visor's Appt Thomas H Wickham Seconder [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voler [] [] [] Next: Aug 25, 2009 4:30 PM August 11, 2009 Page 28 Southold Town Board Meeting Minutes 30. Comments regarding resolution # 704 SUPERVISOR RUSSELL: We had a request to table, let me just suggest, I happen to think that the contents of that scope are adequate. And to defer to public, you know, public input, I was wondering if the Board would table that for two weeks and we will post it on the website. COUNCILMAN KRUPSKI: That is a very good idea. I make a motion to table resolution 704 which is the final scope of the SEQRA analysis for Goldsmiths Inlet. 2009-705 CA TEGOR Y: DEPARTMENT: Enact Local Law Town Clerk ENACT LL 9 SWMD Permit Durations 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" and WHEREAS that the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ADOPTS 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. 9 of 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". BE IT ENACTED by the Town Board of the Town of Southold as follows: August 11, 2009 Page 29 Southold Town Board Meeting .Minutes 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. 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 for one ca!c,n~ar year January ! t?,roug~ December 2 ! from the date of purchase until December 31 of the following calendar year. Commercial permits shall be valid for one two years from the ~ issue date. IlL 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-2009-705 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] 13 [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [3 Tabled [] Withdrawn Albert Krupski Jr Voter El [] [] [] [] Supervisor's Appt Thomas H. Wickham Initiator [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Seconder [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-706 cA TE G OR Y: DEPARTMENT: Seqra Land Preservation Sawicki Dev Rights - SEQRA WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement on a certain parcel of property owned by the Estate of Stanley Sawicki, and Edward Sawicki, individually, and as the Executor of the Estate of Stanley Sawicki, pursuant to the August 11, 2009 Page 30 Southold Town Board Meeting Minutes 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 # 1000-125.-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 for the easement is $67,000 (sixty-seven 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-2009-706 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Rula~d Voler [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled [] Withdrawn Albert Krupski Jr. Initiator [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Seconder [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Initiator [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] August 11, 2009 Page 31 Southold Town Board Meeting Minutes 2009-707 CA TEGOR Y: DEPARTMENT: Property Acquisition Purchase Land Preservation Sawicki Dev Rights - 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 the Estate of Stanley Sawicki, and Edward Sawicki, individually, and as Executor of the Estate of Stanley Sawicki on the 11th day of August, 2009, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, 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; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 9± acres (subject to survey) of the 13.50~ acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owners; and WHEREAS, the purchase price for the easement is $67,000 (sixty-seven 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 agricultural value; 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 August 11, 2009 Page 32 Southold Town Board Meeting Minutes 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 the Estate of Stanley Sawicki~ and Edward Sawicki~ individuall¥~ and as Executor of the Estate of Stanley Sawicki~ 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 #1000-125.-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 development rights easement comprises a pan of the property consisting of approximately 9± acres (subject to survey) of the 13.50± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owners. The purchase price for the easement is $67,000 (sixty-seven thousand dollars) per buildable 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 August 11, 2009 Page 33 Southold Town Board Meeting Minutes action is consistent with the LWRP. Vote Record - Resolution RES-2009-707 El Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albert Krupski Jr. Voter [] [] [] [] [] Withdrawn Thomas H Wickham Initiator El [] [] 13 [] Supervisor's Appt Louisa P. Evans Seconder El [] [] [] [] Tax Receiver's Appl [] Rescinded Scott Russell Voter [] [] [] [] 34. Comments regarding resolution # 707 SUPERVISOR RUSSELL: I would also like to thank the Sawicki family for their participation in the land preservation effort. Thank you. 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 7:32PM Public Hearing on "A Local Law in Relation to the Amendment of Requirements for Issuance and Duration of Permits and Licenses for Solid Waste Disposal" RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: I Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Councilman Thomas Wickham COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, 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" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, 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. August 11, 2009 Page 34 Southold Town Board Meeting Minutes 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 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. 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 for on~ ~alen~ar year Jv,nuary ! tF~oug~ D~ccmber 2 ! from the date of purchase until December 31 of the following calendar year. Commercial permits shall be valid for ovte 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. I have a notice that it has appeared as a legal in the Suffolk Times newspaper, it has also appeared on the Town Clerk's bulletin board outside. And I believe that that is all the documentation in the file. SUPERVISOR RUSSELL: 1 would ask anybody that would like to comment on this particular issue to please come up at this time. (No response) Dump stickers usually raise more ruckus than this. Let me just get a clarification, is there still a proposal that would discount stickers prior, because I am reading the notes from the Solid Waste Coordinator, is his price $35 purchased prior to January 1 and $40 if purchased after January 1 ? JUSTICE EVANS: We are going to have to set that by resolution. August 11, 2009 Page 35 Southold Town Board Meeting Minutes COUNCILMAN WICKHAM: That is separate matter. SUPERVISOR RUSSELL: Okay. Nobody else would like to comment on this? (No response) Set Tuesday, August 11, 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 Property Owned by the Estate of Stanley Sawicki, and Edward Sawicki, Individually, and as Executor of the Estate of Stanley Sawicki RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Councilman Wickham 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~ August 11~ 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 property owned by the Estate of Stanley Sawicki~ and Edward Sawicki~ individually: 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 NY S 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) o f 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. I have a short environmental assessment form, filled up and I have a notice from Mark Terry, the LWRP coordinator and I will just read the key sentence here, 'based upon the information provided on the LWRP consistency assessment form as well as records available to me, it is my recommendation that the proposed action is consistent with the policy standards and therefore is consistent with the LWRP.' I have a notice that it has appeared as a legal in the Suffolk Times August 11, 2009 Page 36 Southold Town Board Meeting Minutes newspaper and also it has appeared on the Town Clerk's bulletin board outside. SUPERVISOR RUSSELL: Would anybody like to come up and comment on the notice of purchase? COUNCILMAN KRUPSKI: (Inaudible) the parcel is south of the Main Road, there is nothing really preserved next to it, south of it. However, to the north of it, it is all (inaudible) county and town effort, all around Laurel Lake. So there is sort of a geographically adjacent to a large area, separated by the Main Road. So it is the first land preservation effort in that area. And it is active farm land and the Land Preservation Committee recommended it, so we are including it into the program. COUNCILMAN ORLANDO: Thank you, Vanna. SUPERVISOR RUSSELL: Like Vanna White, without the looks. Would anybody like to comment on this public hearing? No? COUNCILMAN WICKHAM: Is there someone from the Sawicki family here? SUPERVISOR RUSSELL: Anybody from the Sawicki family? Are they represented here tonight? (No response) Okay. Closing Comments Supervisor Russell SUPERVISOR RUSSELL: That concludes the items from the agenda. come up and address the Town Board on any issue? Would anybody like to Ruthanne Bramson, East Marion RUTH ANN BRAMSON: Good evening. My name is Ruth Ann Bramson, I represent the East Marion Community Association and I am interested in a clarification in regard to the discussion that the Board had at your work session this morning. The issue of amplified noise has been a great concern to East Marion for many years and many efforts have been made to try to get some sort of satisfaction on that issue. And over the last several months, we have held meetings, we have educated ourselves by studying the ordinances, which every other town on Long Island does have a noise ordinance. We held a meeting in April which was attended by about 70 residents, not just from East Marion but broadly representative of the Town. And last week at the meeting that the Town hosted, there were about 55 residents also broadly representative. The Town had invited representatives of the business community as well as the Mayor of Greenport to speak. Everyone there was unanimous, from the business community, to the citizens, to the Mayor of Greenport, that the Town needs a noise ordinance. I am looking for some clarification. Last week at the meeting held by the Town, you Mr. Russell announced that there would be a task force made up of broadly representative, including citizens, representatives of the business community to help to frame the issue, to educate themselves by studying what other communities are doing and working with representatives of the Town. This morning, what I understood, was that that approach was not entered into the discussion at least not while I was August 11, 2009 Page 37 Southold Town Board Meeting Minutes present, and the outcome seemed to be that Mr. Wickham and Mr. Finnegan, the two of them after Labor Day would have discussion. SUPERVISOR RUSSELL: And me. MS. BRAMSON: And you. SUPERVISOR RUSSELL: And myself. I think what we need to do is the three of us will sit down, discuss the scope and the goals and then look for some community input. I wouldn't call it a task force but maybe a small working group but the first thing we need to do is sit down and discuss some of the legal issues that we are going to be facing but certainly getting community input in the form of a small working group or something. I would certainly presume is what will happen. MS. BRAMSON: Okay. SUPERVISOR RUSSELL: It is just that with the three of us, if you noticed that discussion today, there was less than enthusiastic support for the general discussion. It is our challenge now to frame it in a way that the Town Board will find acceptable as a whole and develop consensus from that. COUNCILMAN KRUPSKI: We are looking for something meaningful and enforceable. 1 mean, some towns have ordinances and they are not enforceable and it is just extra something on the books. MS. BRAMSON: Absolutely and I think that's, but there are advantages I think on an issue like this where there are many different definitions to engage the community early in the process. SUPERVISOR RUSSELL: I really think we need to. I agree with you. But a small working group is probably, you know, the next logical step after the three of us have the meeting. MS. BRAMSON: Okay. We look forward to the next step. SUPERVISOR RUSSELL: Thank you. Jim? Jim Dinizio, Greenport JIM DINIZIO: Jim Dinizio, Greenport. Tom, I am sorry, you have a cold or something. I didn't recognize your voice today. COUNCILMAN WICKHAM: I talked too much in Fishers Island. MR. DINIZIO: Oh, okay. I thought maybe it was just the relief from not having to run again. But in any case, I am here today because an article in the newspaper concerning the Southold IGA and I have got to apologize first to the gentleman who owns the IGA because I know as a businessman, the type of publicity he has been getting of late cannot help him. And my fear is that, you know, my saying something only hurts him more as he has to go before the Town to get August 11, 2009 Page 38 Southold Town Board Meeting Minutes building permits and subject himself to probably further scrutiny from other officials in this town. And so I apologize to him first. Secondly, the article last week gave the impression that the Southold stakeholders looked for another place for Mr. Reichert to build his store, his new store and he had already found a place and he found a place that the Town had for the past probably 15 years, encouraged the exact sort of store that Mr. Reichert owns, they encouraged in that zone. It seems like perhaps even that zone was made for him. And I am sure that over the past 20 or 15 years, I can't remember how tong it was but he has looked at that piece of property with an eye for it, someday I will be able to afford, someday I will plan and that is where 1 will move my business. It has a nice roadway there, plenty of parking, I can build the type of store both east and west and I can only say that is probably what he thought all along. So he went into contract with the gentleman who owns that piece of land who probably purchased that piece of land thinking the same thing. That okay, I develop these types of properties, I am knowledgeable in business and certainly real estate, and this piece of property in some point of time is probably going to be a good piece of property for the Southold IGA to move to because they are going to get too big for where they are. So this is over a span of 15 years and the reason why I say that is because that is planning, ladies and gentlemen. Okay? that committing yourself to what this gentleman was talking to you about Goldsmiths Inlet. Respecting the Boards that came before you. Okay? And certainly the code of this Town is our master plan. Okay? People come, they look at the code, they look at our zoning map and they say okay, this is what I can do without too much trouble, however, Mr. Reichert announced it and what did he get? Nothing but trouble, an article in the paper, letters to the editor complaining about his clerks and this. Keep shopping in center. This is January 31, 2008, stakeholders mobilize to stop IGA move. Now, who are the stakeholders? Well, they happen to be a committee of the Town. They were formed under the auspices of individual hamlet areas having a say in what goes on in their town. This is kind of emotional for me because I kept reading it as this poor gentleman that didn't want to do anything more than just run his business and this town has let him, some people in this town have just hung him out to dry and I think he has no place to go, quite honestly. Now I understand the Country Corner Caf6, very nice people, I know them, wonderful business, just an ideal location. Just a piece of Americana, that place is. And I take my sisters and my family there when they come down from Massachusetts, from Indiana. We go there. Okay, I come all the way from Greenport to go there. So I understand, okay, what that is all about. But this town gave this gentleman no alternative and I am going to tell you, that is not just now, it is for the past 15 years. Everybody knew that the town was growing, okay? Everybody knew that parking was always going to be an issue if you want people to come downtown. So what do you do? You build a park across the street from the IGA. Nice park mind you. Beautiful park but guess what? The IGA needs parking. Okay? Two lots down, there is a hardware store there, the IGA needs parking. Okay, so you are buying parks, right, but you are not supporting the businesses that are here. You have a responsibility to that, too. You look at Greenport, the reason why Greenport is the way it is today is because there is parking. There is parking behind all of those stores. And that was a concerted effort by not just Mayor Nyce, not just Mayor Kapell but right on down to Mayor Levine. Everyone of them thought they needed to get parking. Certainly Mayor Kapell contributed by buying houses back there, tearing down houses, making parking. Sometimes you have to do that. Sometimes you have to get rid of the gazebo so your businesses can stay in town. The IGA leaves Southold village, the village will go down. I have no, absolutely nothing, no doubt about that. It is going to happen, okay. August 11, 2009 Page 39 Southold Town Board Meeting Minutes now, I am a little upset by the fact that the stakeholders really contributed to this and I just want to read you a couple of things in public record because they should have been put in that article in the paper because it probably mislead a lot of people. The stakeholders, November 12, 2007, prioritize recommendations, finalized on that date. Keep the IGA grocery store in its current location on Main Street or an alternate location on Main Street while also permitting the IGA to possibly double in size of its current store and provide adequate customer and employee parking. Well, what has the town done, this is 2007, anything? Buy any land for parking? No? Okay, that is what I figured. You know why? Because you can't. SUPERVISOR RUSSELL: I will start answering questions if you want to ask them all at once. MR. DINIZIO: No. I don't want to have a debate with you. SUPERVISOR RUSSELL: We don't need to debate, I will let you know what we have done. MR. DINIZIO: I am reading what is part of the public record here. SUPERVISOR RUSSELL: Okay. MR. DINIZIO: And I actually know where I am going with this stuff. Now it is my turn. Alice Hussie in the paper was quoted in the paper, 'we looked all over and we couldn't find a place' well, yeah, except for the place that the owner of the IGA, the man who knows what he wants, found, legally, didn't need a single thing but a building permit for; and is pilloried by the people, the stakeholders, for doing so. COUNCILMAN WICKHAM: Where is that location? MR. DINIZIO: The North Road. COUNCILMAN WICKHAM: And Horton? MR. DINIZIO: I am not really sure. There is a description in here. Certainly I foiled all the stuff and Ms. Neville was kind enough to give it to me on a timely basis, but in any case, I want you to take that to heart. And then further down in the paragraph, it says, therefore we urge the Supervisor, the Town Board, the Planning Board and the Zoning Board of Appeals to take whatever actions are necessary, are needed to find a way to allow the IGA to double in size and provide adequate parking while remaining on Main Street. Again, I don't know what actions you have taken, certainly Mr. Reichert seems to have made a decision that he is going to stay where he is, he is going to take the heat for having to close down that Country Corner and you know, that is a business decision. You know, I wish him all the luck in the world. However, I don't like what the stakeholders did in this instance and what you people allowed them to do. now, I am going to read you something. This is chapter 26 of the ethics code, 'town officers and employees from former town offices and employees shall not disclose any confidential information or use it to further anyone's personal interest' well, I would say anybody who is on the hamlet stakeholders committee had a personal interest in whether or not the IGA was going August 11, 2009 Page 40 Southold Town Board Meeting Minutes to stay where it was or move up to the North Road. One of the members of that group was also a member of the ZBA and after they formulated their November 12th finalized, prioritized recommendations, on February 11 th, that person decided that, now this is two months later, this is after they made their final decision, Mr. Reichert was probably still considering moving up to the North Road. This member of the ZBA goes to Mr. Reichert and has a discussion with them. Now, I don't know, the stakeholders are still meeting at this time, I have no idea why, this is the minutes from February 26th. On February 11, 2008, she meets with them and she basically says 1 asked Mr. Reichert about his current thinking about staying on Main Street or moving to another location. I told him that Miss Vericchio, I guess that is his neighbor, would be willing to discuss a sale of her property with him, which could provide additional parking for a new or expanded IGA at his current site. He was concerned that the likely high cost and insufficient acreage would create the, well in any case, so I am thinking to myself, what Mr. Reichert must have been thinking. Here is a member of the ZBA approaching him and stated publicly that she does not want his business to move, she goes to the neighbor and tries to set up a negotiation between the two. Now, I don't think that ethically that is right, certainly, you know, a member of the ZBA and I realize they can back down, they can certainly recuse themselves okay, but they also can, it is very intimidating to talk to one of the five people in this Town that is authorized to grant variances. Okay? it is intimidating. Believe me, or a business man to talk to anybody that has stated publicly that they don't want you to do what you are doing. So I think that was a bad position to put herself in. (Inaudible) all about this confidential and you know, passing out confidential information, so she goes on further and Mr. Reichert says that he was waiting for Mr. Tom McCarthy, he owns this piece of land evidently, and of course, you know, but first let me say this, I have heard time and again that this Town will not disclose their negotiation prices on land preservation. I know why. You don't want your competitor to know because he is going to come in and certainly could underbid you or overbid you, buy it, develop it, do whatever. Okay? So I understand. And I know that all of you understand that, you don't disclose, okay, what things are going to cost you or what you are paying for things. You are in business, that is what you do. Mr. Reichert offered to purchase Tom's property but Tom declined to sell. Tom would be building two 25,000 square foot of mall space that Mr. Reichert could lease, with 18,000 to 20,000 square feet being retail space. Four walls, heat, AC, toilets. This is all her writing and saying this, would cost about $4,000,000 to build. Mr. Reichert would have to spend another $3,000,000 to do all the interior work. Well, there goes your negotiations. 1 mean, you know, if King Kullen takes a look at this and says, hey, I will offer a little bit more and buy it and put him out of business anyway. I don't know. I don't know if she was thinking that. But you know what? No one should be put in this position that Mr. Reichert was. Well, you know, I really wish, I hope that you can help the gentleman out and my feeling was that the Southold stakeholders were the ones that these people should be writing the petition against for the Comer Caf6 staying open because Mr. Reichert is totally innocent in this and I think it is a shame that this town let the stakeholders get that far out of hand. Thank you very much. SUPERVISOR RUSSELL: Jim, can I just comment that nobody did anything to stop him from going to the North Road. In fact, last year he came to me, I guess facts are stubborn things. Last year he came to me and informed me that he can't relocate in the hamlet center, he is going to move to the North Road. I assured him that nothing would be done to stop that, that is certainly his right, as it turns out, he made a different decision. You need to ask him and the landowner August 11, 2009 Page 41 Southold Town Board Meeting Minutes as to why he decided to stay in the hamlet center and not relocate to the North Road. But this town had no role in blocking that in any way. Also, I think I got involved as a result of the business alliance asking to talk with the owner to discuss the prospect of staying in the downtown for the vibrancy of all the businesses that rely on that as an anchor in the downtown, which is where I came in. Jim is right, a ZBA member shouldn't be out talking specifically with landowners while they are sitting on the ZBA. However, I think that was done inadvertently. Not in intentional ill will. That is what I will have to say to the gentleman who left. Would anybody else like to come up and address the Town Board? Peter Terranova, Peconix PETER TERRANOVA: Good evening again. Peter Tcrranova from Pcconic. A few months ago I came before this Town Board to request that repairs be made to the fence that borders thc parking lot at Goldsmith Inlet beach. At that time, Mr. Supervisor, you responded that if thc fence was on town property that thc town would take care of it. Tom Foster, whose property borders the west side of the lot came in with his survey in hand to show that yes, thc fence was on town property. Now thc Town engineer and thc head of thc public works sccm to have no interest in bringing the town's property at Goldsmith Inlet beach up to an acceptable standard, so they looked to every single way to say that thc fence did belong to the town and that thc fence on the south side of thc lot is in fact not on town property but on a private road, by a matter ora few inches or so. It appears that thc town engineers eyesight in saying that, gcc that fence is not on town property is mom accurate than a surveyors transit, so maybe wc can save some money when wc survey all these properties by just have thc town engineer just going out and sighting them. In any case, when we presented maps which showed that showed that that section of thc road is not private, in fact is named Travelers Way, thc response was, well, the maps arc wrong. Regardless, the town built the fence, we all know that. Maybe they located it in the wrong spot, who knows, but not wanting a pissing contest over whose property the fence is on, on the south side of the parking lot, (inaudible) that repairs have been made to the fence on the south side of the parking lot at the budget busting cost of $400 for material and labor. Tom Foster paid for this out of his own pocket and Joe Marchese, who lives across the street, painted it white. Shame on all of us that a taxpayer of the town has to go and spend his own money to repair something that the town put up. Oh, by the way, excuse us if we didn't get a building permit. Now while the fence on the south side of the lot may have been in question as to whose property it is on, there is no question that the fence on the west side of the lot, extending down to the high water mark, is on town property and I ask that the town commit to initiating repairs on this fence as soon as possible. SUPERVISOR RUSSELL: Let me ask, what would be our, why don't we just remove it? If the fence is getting to be a liability or an ongoing maintenance issue, maybe we should just remove it if it is on our property. MR. TERRANOVA: The fence delineates public property from private property. We already... SUPERVISOR RUSSELL: I .... MR. TERRANOVA: Wait. Let me finish. We already have somewhat of an issue because the fence has fallen down as it approaches the high tide water mark and there are a lot of folks that August 11, 2009 Page 42 Southold Town Board Meeting Minutes come on the public beach who feel that the private beach and that is the beach above the high tide water mark, which in fact does belong to the landowners, okay, is their land. So the fence was put up for a reason by the town at the time that they acquired the property where the parking lot currently is, okay? that used to be dunes, sand dunes. When the town acquired that property, okay, and constructed the boat ramp, okay, they put up the fence to delineate public property from private property. That is why the fence is there, okay? SUPERVISOR RUSSELL: There are many, many more examples where we simply don't put up a fence to delineate. If it seems like it is serving your interest, as a private property owner, I don't think that it is inappropriate that you pay to have some of it fixed to be frank, in this current fiscal climate. It is not serving the town's interest. MR. TERRANOVA: You know what? If the answer to us was gee, guys, we understand it is our responsibility but the fiscal situation is such that we just can't find the funds right now to do it. You know what? The whole issue would have went away. But no, there were some folks within the bureaucracy of Southold town that made it their mission to not only say they didn't want to do it but that it wasn't theirs. Now, I just want to tell you that the Town of Southold was not founded, okay, at the date that the town engineer was hired. He seems to think so. But be that as it may. I want to move on to a positive note. I want to commend and thank the police force and traffic control of Southold Town for their stepped up efforts to issue parking summonses for cars that are parked at Goldsmith Inlet beach and I am sure other town beaches, without parking stickers. It is a crucial additional source of revenue for the town which is good and it also keeps out out of town non-residents from dumping their garbage in the trash barrels which is also an expense to the town and I believe that is the primary cause of trash barrels sometimes overflowing, not local residents dumping their household garbage. That has been talked about. But it also improves local safety and security when folks from, who don't belong here, I don't want to say don't belong here, but who don't have a stake, who don't have an interest in the local beaches and parking lots and town property, okay, it improves local safety and security. Okay? I commend the police, there is more work to do. If they give out summonses, these folks continue to come down and try to park somewhere else. As Scott and I, Scott, you and I just talked about that. So I want to encourage them, give them a pat on the back, keep up the good work, do some more, you know? Let's get some more revenue in. I think its 75 bucks a ticket or something like that. It is a good, you know, you put 10 of those a day, it is good revenue for the town. Okay. Throughout this entire budget crisis dialogue that I've, you know, that 1 have kind of sat back and watched over these past few months, I always felt that our full complement of police officers should be maintained. It is during tough economic times that our police are needed the most. I am pleased to see that none of our police officer positions will be eliminated. During these tough times, the town government has I believe only two obligations that dwarf all others, the safety and security of taxpayer residents and to not raise the fixed cost of living here through higher taxes. Everything else is secondary. I sincerely encourage the Town Board to adopt these principals of government as we navigate through these difficult economic times. Despite the recent moderation of the economic downturn, history tells us that the worst is probably still yet to come. Thank you very much. COUNCILMAN ORLANDO: Peter, before you run, that one fence that we were talking about August 11,2009 Page 43 Southold Town Board Meeting Minutes that runs north and south? MR. TERRANOVA: Yes. COUNCILMAN ORLANDO: Probably 70 percent of it that is existing is covered with vegetation, you know that. You can't even find that fence. I mean, I was down there looking at it until you went further north. MR. TERRANOVA: I am just telling you, it was, you know, town fence. Okay. and to be quite honest with you, you really should erect one on the east side of the boat ramp because just the other night there were three cars driven down, you know, broad side, okay, where they are driving into the sea grass. You know, destroying the dunes. And you know, it is becoming an unmanageable situation, it just doesn't, you go down to the Goldsmith Inlet beach and I understand that there are tough economic times, okay, look, it didn't stop the town from drafting, passing a resolution that says we are going to spend $800,000 to shorten the jetty. It didn't stop you from making the resolution even though you don't have the money. So make a resolution that you are going to improve the appearance of the Goldsmith Inlet beach along the same lines as you made the improvements to McCabes beach and Kenney's beach and Southold Town beach with the nice signs. I take notes, I just drove by Town beach, we just repaved it with the nice permeable stuff. Town beach, right? COUNCILMAN ORLANDO: The contractor that used that parking lot last summer did that as part of the agreement of letting him... SUPERVISOR RUSSELL: It was part of the lease agreement. MR. TERRANOVA: Great. I like that, I like to hear that, okay. I understand we are in tough economic times, okay. So we don't have the money for it right now, okay? but as soon as we do, we'll take care of it. We will take care of cleaning up Goldsmiths Inlet beach and put the nice fences and dress it up, I mean it is on the website, it is on the summer vacation guide. It is a magnet for lots and lots of town people who use it for weddings we have had. Great, I love to see town residents use town facilities for occasions like that. SUPERVISOR RUSSELL: When we bid out the shortening, the contractor, we can put that as part of the lease agreement for the beach there, for the repaving of the parking lot there, that is a possibility, just like we did at Town beach. MR. TERRANOVA: Excuse me, when you what? SUPERVISOR RUSSELL: When we bid out the shortening work, we can probably get the contractor... MR. TERRANOVA: What shortening work? SUPERVISOR RUSSELL: For the jetty. We can probably get the contractor to repave that August 11, 2009 Page 44 Southold Town Board Meeting Minutes parking lot when he is done. MR. TERRANOVA: You have a great sense of humor. I do note that, okay. Very good. Anyway, you guys, you understand my point I believe. SUPERVISOR RUSSELL: I am down there quite a bit and I will tell you, there are so many beaches, Horton's Point, they are becoming an unmanageable mess. Overuse, uses at night that aren't permitted, there is no doubt about it. And we met, actually, I met with the police chief, Vincent, myself, the police chief, Marty Flatley. I want to thank you for recognizing their effort to really step up patrols which is the first in a long line of attention those beaches need. I agree. MR. TERRANOVA: See, I don't like to have to call the police department and say, hey guy, come out here. SUPERVISOR RUSSELL: Right. MR. TERRANOVA: Because that could be diverting them from something that is more important. Okay? so I do it with, and other residents do, with great reluctance. To call the police department. SUPERVISOR RUSSELL: 1 understand. MR. TERRANOVA: You know, calls to the police department should be for true, true emergencies and true life threatening situations and whatnot. But as part of a routine patrol, you know, and frequent patrols, okay, they just need to do more of it and I am glad to see there was a change. I stopped a young lady, a traffic control officer, I didn't get her name, I stopped her and thanked her the other day. I said, gee, keep up the good work, you are doing and it is a far cry from even four months ago when I stopped an officer down at the lot and 1 said, you know, there are three cars over there with no parking stickers and his comment to me was the lot is not full. I was ready to find a rock to hit him with. I mean, you know, come on. What is the lot being full have to do with you know? SUPERVISOR RUSSELL: I agree. MR. TERRANOVA: So, anyway. Enough said tonight, I am sure we all want to get home. Thank you very much. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? JOYCE ORRIGO: Hi, I am Joyce Orrigo of Greenport, East Marion. I want to just relate my recent experience with trying to apply for a waiver of merger. This has been going on for years. Last month I went to the building department, after your law was changed, to get the disapproval, notice of disapproval as the first step for the waiver of merger. And everything was fine, they were very helpful. A week later when they received the single and separate from me, I received a call from a clerk there who told me 1 was not allowed to even apply for a building August 11, 2009 Page 45 Southold Town Board Meeting Minutes permit. They would not, now that they knew who I was, I would not get a disapproval and that I wasn't able to apply for a waiver of merger because she read to me the findings from 2005 that as long as, I met one of the requirements that as long as there was some physical change to the neighborhood, I guess meaning another house being built, I could not apply for a waiver of merger. I called the town attorney's office. I received no call back from them. Yesterday, two and a half weeks later, I received the disapproval. So I am just, I have a lack of confidence in what the process and 1 understand, I think the Town Board was trying to do the right thing last year. SUPERVISOR RUSSELL: Yeah. let me just tell you, the town attorney came and talked to me about that and the issue was how do you deal with revisiting old denials? My opinion was, that is why we changed the law. To create standards so that there is a clear understanding of what the decision making is. If you look back over the past decision making that the ZBA has changed, some become very lenient with recognition of lots, some become much more restrictive. The idea of our code, the expansion of that code, was to provide a template for decision making and if you had been turned down in the past, you ought to have an opportunity to come back, get a disapproval and go back again. MS. ORRIGO: Well, that, I heard last year from the attorney's office when I spoke to someone there and I also at one of the Board meetings I was told point blank, you will be able to reapply. And that was, I think the intent of changing or amending the law. SUPERVISOR RUSSELL: I agree. That is right. MS. ORRIGO: And as much as I appreciate that, I still believe the language is vague. And if someone from the building department can stop me at step one, there is something a little wrong. SUPERVISOR RUSSELL: When it was all said and done, he didn't stop you. MS. ORRIGO: I did, I received this yesterday. SUPERVISOR RUSSELL: He didn't. I don't know how, it was a unique situation for him, so he was determining how to deal with it but I think it was all resolved in house. And that is why you got the disapproval. MS. ORRIGO: Okay. Alright. SUPERVISOR RUSSELL: Okay? but 1 do appreciate you bringing that to our attention. COUNCILMAN ORLANDO: And she is glad she got the disapproval. MS. ORRIGO: I am, yes, you are right. COUNCILMAN ORLANDO: Now you can go forward. August 11, 2009 Page 46 Southold Town Board Meeting Minutes MS. ORRIGO: And it is $50 in your coffers, too. But I am reluctant now to pay the other $150 or has it already been determined, is there a census out there that because I met one of these vague requirements, that I will not even be considered for a waiver of merger. You understand? I mean, someone was told, someone told the clerk in the building department to tell me this. She wouldn't tell me who. SUPERVISOR RUSSELL: Nobody in the building department sits on the ZBA though. And I would hope that they do their job... MS. ORPdGO: Then why was she giving me ZBA, you know... SUPERVISOR RUSSELL: Well, I would hope that they do their job and review your application in the light of the new legislation. MS. ORRIGO: I hope so. SUPERVISOR RUSSELL: That is their job. MS. ORRIGO: Alright. Great. Thank you. SUPERVISOR RUSSELL: And on the issue of parking tickets before, Peter, you can count me in for $75. My friend was up from Virginia last weekend, she got a parking ticket, handed it to me and drove back to Virginia. So, an old high school friend. COUNCILMAN ORLANDO: So you have to pay for it, don't you? SUPERVISOR RUSSELL: Yeah, yeah. Somebody has to. Benja. Benja Schwartz, Cutchogue BENJA SCHWARTZ: Good evening. Benja, Fleets Neck. Yeah, a friend of mine neglected to pull in my driveway, he parked across the front of my driveway and got a parking ticket. But we have been very appreciative of the eftbrts of the police and the traffic control officers there. It made a lot of difference even though they occasionally make a mistake. Just have a few comments and some questions for you. I just, you have been having a rough time tonight. I want to start with a real quick story. When I was in high school once I got to play a king in a play and I did fine in the rehearsals but on the real performance with all the audience, the parents and everybody there, I had a problem in the kingdom. And the line I was supposed to say was, call my wise men but without thinking I said, call my wise guys. COUNCILMAN ORLANDO: You never got over that, did you? MR. SCHWARTZ: I want you to know that I am hoping you will all play the role of wise men today and not wise guys. There are a lot people in Southold who know a lot about the history of Southold and care a lot about the history and the past. There are a lot of people who are tunnel vision on the present. That is all they know and that is all they care about. I don't think there are that many people in Southold that are really looking towards the future and concerned with, August 11,2009 Page 47 Southold Town Board Meeting Minutes knowledgeable and care about the future and I think there is even less people that are focusing on present, how it is connected to the past and the future. And I hope that you are six of those people. Contrary to what one of the previous speakers said tonight, our town code is not our master plan. A code is a code, a plan is a plan. An alternative to proposed legislation on the noise issue would be a program of public education on noise and I am not saying that that would replace legislation but they could work together, either one could come first. That thought came to me in thinking about the recycling coordinator position. Does anybody know how long that has been vacant? SUPERVISOR RUSSELL: Thirteen years. MR. SCHWARTZ: Thirteen years. And how long is it going to remain vacant? SUPERVISOR RUSSELL: Thirteen more years. I am just guessing. MR. SCHWARTZ: So this board has no intention of appointing a recycling coordinator? SUPERVISOR RUSSELL: I think we have one, in the solid waste district manager. Jim Bunchuck, who is, you know, if we need to provide more resources for him to do a better job, I think he does the best he can but we do need to commit resources for public outreach. The only area where we are lacking is in the... COUNCILMAN WICKHAM: The last recycling coordinator did her work pro bono, with no compensation. MR. SCHWARTZ: Understood. COUNCILMAN KRUPSKI: And I don't think it is unreasonable to expect Jim Bunchuck to fill that role. MR. SCHWARTZ: Sort of a one person committee. So you are saying there might be a hope to recycling... SUPERVISOR RUSSELL: I would be open a proposal. MR. SCHWARTZ: Okay, well, I have offered my services and I would be happy to submit an application. You know, on the Fishers Island ferry last week, there were no recycling cans. The traffic pattern up at the transfer station is still, involves cross town traffic which is difficult and hazardous for some drivers. And I don't believe I have heard of any response by anyone in the Town of Southold to the failing grade that was issued by the, I think it was a coalition of citizens groups that did a report on recycling .... SUPERVISOR RUSSELL: It wasn't a failing grade. It was a C. MR. SCHWARTZ: It was a C. August 11,2009 Page 48 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: C looked pretty good when ! was in college. MR. SCHWARTZ: Well, you know, Southold Town was maybe one of the, supposedly Southold Town was one of the first English settlements in New York State. And early on, this town took a leadership in recycling. Leadership position. I think we have fallen out of that position and I think it would be economically as well as environmentally suitable to try to get back into the lead or at least a forward thinking position. Another thing, town garbage bags. You know, I think we got rid of the word dump, maybe it is time to get rid of the term garbage bags. What we have up there at the dump, you could call it all garbage but we try to reduce it, take that reduction out of the waste stream, we try to reuse what we can, we try to recycle some of it and what is left over is waste. So I think those bags might be better off called waste bags and I was just cleaning out my garage today, had a lot fun with that. I even found one of the original Town of Southold solid waste bags and it was very impressive. It said do not put cans, do not put bottles, do not put papers in this, you know, bag. The can now has like a half a book written on it. I don't know, I didn't read it all. You know, and I don't know how many people do read it all but there are a lot of things like that that I think could be improved on. I was, on another issue, if I could move on to another issue, I couldn't believe it when the Board actually basically came out and said this morning that there was nobody in charge of the website. No, who has the authority to post the link? Well, I believe the Town Board is responsible but I mean, how many people on the Town Board know how many websites the Town of Southold has? COUNCILMAN WICKHAM: I didn't hear anybody say that no one is responsible for it. COUNCILMAN ORLANDO: I didn't either. MR. SCHWARTZ: Well, there was an issue of who was, who had authority to... COUNCILMAN ORLANDO: Approve that link to Fishers Island. MR. SCHWARTZ: To approve posting one link. And the issue is, I think not posting one link or another link or another link, the Town Board should, there should be a policy in place and there should be a, maybe a communications technology committee in place. Not just for the website but for the town hall. I have been coming here for quite a while. And I don't remember, maybe once, I do remember once when Josh Horton was in office, when they tried to use the projector that hooks up to the laptop and couldn't get it going and I had to help them get it started. The other time that I remember that being used is when I came here to use it. Unfortunately, I was essentially told that it wasn't for public use. And what I am trying to say is that you agreed this morning to upgrade all the computer systems, the networks, the connections to phones and the internet. You know, it is not just a question of having computers, it is a question of using them properly, knowing how to use them and I think if you don't have the expertise on that, you know, it is fine to have one person in the department that supposedly knows everything but I don't think that gives the town the best decision making, I think the town should have more than one head for such an important issue. Content, same thing. I don't remember how long ago it was that I mentioned that the 2009 budget was never posted. As far August 11, 2009 Page 49 Southold Town Board Meeting Minutes as the website is going, all we have got is the 2008 budget still. And how long does that take to post? Is it happening, is it not happening, who is responsibility is it? COUNCILMAN KRUPSKI: We did have a discussion about that with Mr. Reisenberg today, who is doing a good job running the department and if you have any specific issues .... MR. SCHWARTZ: About the budget? Did you talk about the budget? COUNCILMAN KRUPSKI: About the website. SUPERVISOR RUSSELL: About suggestions that have been made in the past. MR. SCHWARTZ: I was there. COUNCILMAN KRUPSKI: And that if you have suggestions about the website or about the MR. SCHWARTZ: I... COUNCILMAN KRUPSKI: Wait, wait. About the content of the website, you can feel free to contact him directly because he is the one who manages it. MR. SCHWARTZ: I have had conferences with Lloyd and also with Mr. Russell and I have made suggestions and if I make a dozen suggestions, I get four of them that get implemented and then the other eight, I get a response that we have no funding when it doesn't take any funding or I have no authority for that or I am not the one that makes that decision, I am not responsible, nobody is trying to look at the bigger picture and it is not just the website, its all of the way that this town is going. The Fishers Island hamlet studies, I don't believe that they are on the town website. I think I found one on the, I think they used to be on the town website but then the planning department has been trying to improve their webpage but apparently they need some help because somebody is not getting the job done and now when you go to the Fishers Island hamlet studies, you end up with hamlet studies that discuss every hamlet but Fishers Island. If you go to the website there's SUPERVISOR RUSSELL: There are no hamlet studies from Fishers Island. Fishers Island was not part of the hamlet stakeholders initiative. What we did was we hired Valerie Scopaz separately to develop a mini master plan for the entire island, that is the Fishers Island initiative. JUSTICE EVANS: Called the Fishers Island strategic plan, I think. SUPERVISOR RUSSELL: The Fishers Island strategic plan. MR. SCHWARTZ: I think it was originally referred to as the Fishers Island hamlet study and then there was additional work done on that. August 11, 2009 Page 50 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: The Fishers Island strategic plan. MR. SCHWARTZ: I know Valerie Scopaz was involved originally. But the planning which we have needs to be better presented and more available to the public. It is not enough if we have a planning department that has access to the plans. And in general, on the subject of hamlet studies, I think they are an example of thinking locally and acting globally which is contrary to law and contrary to common sense. I think that whoever it was that said think globally and act locally makes a lot of sense. We should think townwide and then act specific cases. That is your job. Not to start with each hamlet and then try to make a town out of that. I had one other issue but I think I will save that for another night. Thank you very much. SUPERVISOR RUSSELL: Can I have a 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 8:54 P.M. Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Kmpski Jr., Wickham, Evans, Russell