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HomeMy WebLinkAboutTB-11/04/2009ELIZABETH 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.north fork.net MINUTES Call to Order 7:00 PM Meeting called to order on Novemt Southold, NY. Attendee Name William Ruland Vincent Orlando Albert Kmpski Jr. Thomas H. Wickham Louisa P. Evans November 4, 2009 7'00 PM . ~ A Regular Meeting of the Southold Town Board was held WedneSday, November 4, 2009~ at the Meeting Hall, 53095 Main Road, Southold NY. Supervisor opened the ffi~~ at 7:00 PM with the Pledge of Allegiance to the Flag. :': 2009 at M~;ing Hall, 53095 Route 25, Organization Title Status Arrived Town 6f'g~lifllold C0~cilman Present Towll!~f Co~cfiman Town , COuncilman Town of gb~,thold "/~ouncfiman of Southold I Reports Present Present Present Justice Late Supervisor Absent Town Clerk Town Attorney Present Present Se % Justice Loms~ ~: Evans September 200~'?" Claim Lag - Island Group Employee Health Care Plan 10/1/08 to 9/30/09 4. ZBA Monthly Report October 2009 November 4, 2009 Page 2 Southold Town Board Meeting Minutes 5. NFAWL Financial Statements September 30, 2009 II. Public Notices 1. SC[ID - Flu Shots for Children 11/10/09 11 am - 2 pm, Cutchogue -New Suffolk Library 2. 2009 Scallop Season Non-Commercial Only (dip or scalp net only): Monday, November 2, 2009 - Sunday, November 15, 2009 Commercial & Non-Commercial: Monday, November 15, 2009 through Tuesday, March 31, 2010 3. Information Meeting 11/12/09 4-6:30 Pm - Riverhead Shellfish Aquaculture Lease Program III. Communications IV. Discussion 1. 9:00 Am - John Cushman - Budget - fund balance policy 2. 9:30 Am - Phillip Beltz, Jim McMahon Block Grant Funding Request 3. 9:45 Am - Phillip Beitz, Jim McMahon, Jaraie Richter Peconic School/Community Center Renovations / Budget 4. 10:00 Am - Peter [Iarris, Jamie Richter Grand Avenue Bridge 5. 10:15 Am - Mark Terry Dumping of Dredge Spoils at New London site 6. 10:30 Am - Damon Rallis Property Blight Issues 7. Convenience Stores Update November 4, 2009 Page 3 Southold Town Board Meeting Minutes 11. 12. 13. 14. 15. 16. Letter from Vito Minei, SCHD to Stephen Jones, SCWA 10/27/09 Water at Recreation Center Appointment to EETC John Rooney Margaret Brown Transportation Commission Request for Track Route Sign Removal, Route 25 & Aldrich Lane, Laurel Request for speed 1;imit reduction on CR 48 Crosswalk on Peconic Lane Executive Session Employment and work history of particular person(s) Executive Session Update on Litigation, East End Resources Executive Session Labor negotiations, P B A 1:00 Pm - Land Preservation Com possible purchase of property and discussion of value Pledge to the Flag Councilman Albert J. Kxupski, Jr. COUNCILMAN KRUPSKI: Okay. Welcome to the budget heating at 7:00 PM. If we could all rise for the Pledge of Allegiance. There is a formal announcement that has to be read before we get into any comments. Tom, could you please read that. Motion To: 7:00PM 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] November 4, 2009 Page 4 Southold Town Board Meeting Minutes MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans ABSENT: Scott Russell Councilman Thomas H. Wickham COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that the Preliminary Budget and Preliminary Capital Budget of the Town of Southold, Suffolk County, New York for the fiscal year beginning on January 1, 2010 has been prepared and approved by the Southold Town Board and filed in the Office of the Town Clerk at the Southold Town Hall, 53095 Main Road, Southold, New York, where they are available for inspection and where copies may be obtained by any interested person during business hours. FURTHER NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Southold will meet and review said Preliminary Budget and Preliminary Capital Budget and hold a public hearing thereon at the Southold Town Hall, 53095 Main Road, Southold, New York, in said Town at 4:00 p.m. and at 7:00 p.m., on Wednesday, November 4, 2009, and at such hearing any persons may be heard in favor of or against the 2010 Preliminary Budget and 2010 Preliminary Capital Budget as compiled, or for or against any item or items therein contained. FURTHER NOTICE IS HEREBY GIVEN that pursuant to Section 108 of the Town Law, the following are proposed yearly salaries of members of the Town Board, the Town Clerk and the Superintendent of Highways: SCHEDULE OF SALARIES OF ELECTED OFFICIALS (Article 8 of Town Law) Officer. Supervisor Members of the Town Board (4) @ Town Justice and Member of the Town Board, Fishers Island Town Justices (2) ~ Town Clerk Superintendent of Highways Tax Receiver Assessors (3) ~ Trustees (5) @ Salary $ 86,992.00 30,067.00 47,162.00 64,118.00 90,275.00 95,857.00 34,674.00 66,214.00 15,484.00 SUMMARY OF TOWN BUDGET 2010 PRELIMINARY Code Fund Appropriations and Provisions for Other Uses Less: Estimated Revenues Less: Unexpended Balance I Amount to be I I Raised by Tax November 4, 2009 Page 5 Southold Town Board Meeting Minutes A General $25,359,954 $3,680,552 100,000 21,579,402 B General-Outside Village 2,089,444 1,060,230 119,000 910,214 DB Highway Fund 4,712,144 346,369 265,000 4,100,775 CD Community Development 130,000 130,000 0 CS Risk Retention Fund 554,500 554,500 0 H3 Community Preservation Fund 7,117,000 2,117,000 5,000,000 0 MS Employees Health Plan 3,997,560 3,997,560 0 Total-Town $43,960,602 $11,886,211 $5,484,000 26,590,391 DB 1 Orient Road Improvement District $3,750 3,750 SF East-West Fire Protection District $659,965 $500 $6,900 652,565 SM Fishers Island Ferry District 2,853,000 2,203,000 650,000 SR Solid Waste Management District 4,287,544 2,103,300 2,184,244 SS 1 Southold Wastewater District 237,375 8,000 225,000 4,375 SS2 Fishers Island Sewer District 37,200 30,100 7,100 0 F.I. Waste Management District 556,950 25,000 150,000 381,950 Orient Mosquito District 80,000 80,000 Subtotal-Special Districts $8,715,784 $4,369,900 $389,000 3,956,884 Orient-East Marion Park District $0 SouthoId Park District 315,000 315,000 Cutch-New Suffolk Park Dist. 142,083 12,083 130,000, Mattituck Park District 664,202 29,250 175,000 459,952 Subtotal-Park Districts $1,121,285 $29,250 $187,083 $904,952 Fishers Island Fire District $0 Orient Fire District 0 East Marion Fire District 0 Southold Fire District 0 Cutchogue Fire District 0 Mattituck Fire District 0 Subtotal-Fire Districts $0 $0 $0 $0 [ Total-All Districts [ $9,837,069 [ $4,399,150 [ $576,083 I $4,861,836 J [ Grand Totals This Page [ $53,797,671 [ $16,285,361 [ $6,060,083J_$31,452,227] By the way, these are the same salaries as 2009 and I believe is the same as 2008. And all that I read should have been pursuant to having opened the meeting but we did open that public hearing earlier in the afternoon. I have a notice here, the summary of the town budget, the preliminary budget, the operating budget which shows totals of the amount, total appropriations and provisions for other uses of some $53,707, 671 and the amount to be raised by taxes to be $31,452,227. And I have also a page that shows the impact on the taxes for the town and as you all know, there are four primary accounts that we prepare budgets for. One of them is the general fund whole town that covers the entire operations of the Town of Southold and that comes out with a tax increase of about just under 7%. Then there is the general fund part town which refers to those parts of the Town exclusive of Greenport Village and the particular November 4, 2009 Page 6 Southold Town Board Meeting Minutes activities in those accounts results in a tax increase of over 27%. Finally there is the highway fund and that has a very small reduction in tax and finally there is the solid waste district which has a substantial tax increase of 44.7% increase but on a smaller base. The weighted average of all of these tax increases over all of these four accounts is about 8.5 %. I have a notice that this public hearing has been noticed in the local newspaper, I believe in October 20th and it has appeared on the Town Clerk's bulletin board outside. Councilman Krupski COUNCILMAN KRUPSKI: Would anyone like to comment on the budget or offer any suggestions? Marie? Marie Domenici, Mattituck MARIE DOMINICI: Made Dominici, Mattituck. First of all, congratulations to everyone who won their elective seats. I want to comment on the budget but I can't because I don't know what the budget looks like. So I can't really comment, so I would like to voice my concern. I would like to get a copy of the budget. JUSTICE EVANS: I think that was a part of our green energy, that it was available on line. MS. DOMINICI: Alright. Is it posted online? JUSTICE EVANS: I think so. Isn't it, Betty? TOWN CLERK NEVILLE: Yeah. COUNCILMAN ORLANDO: On the website. TOWN CLERK NEVILLE: We have been providing copies by email and it is on laserfiche and, oh, I wish you had called. My golly. And I thought, well, I am not going to print any copies for the meetings, I don't want to have a bunch of leftover paper that everyone that came probably would have called the office already. Oh. I am sorry. MS. DOMINICI: Right. Yeah. TOWN CLERK NEVILLE: Oh, yes. Absolutely. Anyone who wanted a copy, we provided it or emailed it to them. MS. DOM1NICI: Okay. TOWN CLERK NEVILLE: I will be happy to get you a copy .... MS. DOMINICI: Well, you can email it me. Make life easier. TOWN CLERK NEVILLE: Yes. Yes. Certainly will. We won't be adopting it until the 17th of November. I will email you a copy, Marie, sure. November 4, 2009 Page 7 Southold Town Board Meeting Minutes MS. DOM1NICI: Okay. Do you want my email address? TOWN CLERK NEVILLE: I think I have it. I have it. Yeah. Sure. MS. DOM1NICI: Okay. Thank you. COUNCILMAN KRUPSKI: Thank you. Benja Schwartz, Cutehogue BENJA SCHWARTZ: Hi. Benja Schwartz, Cutchogue. Is it on the website? The budget? TOWN CLERK NEVILLE: I, I am not sure. I will have to check. MR. SCHWARTZ: Because delivery by email is really not the best way to do things. It should be right on the website. It would be the accounting and finance? TOWN CLERK NEVILLE: It has been available in my office. Anyone requesting it was provided a copy in whatever media they requested. MR. SCHWARTZ: I am here to speak about some other things. A budget is very important. One of the... COUNCILMAN RULAND: But this is a budget hearing. MR. SCHWARTZ: One of the items in the budget that you just spoke about was a significant increase of the cost of the solid waste, the district. Is there a, who is running that? COUNCILMAN WICKHAM: May I respond to that? MR. SCHWARTZ: Sure. COUNCILMAN WICKHAM: The Town Board is running the solid waste district. We have appointed a coordinator of all activities up there, his name is Mr. Bunchuk. If you are asking about the finances of it, the tax increase is substantial because the revenues that have supported that have gone down. The expenditures are roughly comparable to what they were last year. But there has been less stuff coming in and consequently, less revenue coming in over the scales. We have, over the years, financed operations up there through the yellow bag fees and also tip fees and people go over the scales and through taxes. Because those fees have gone down, in order to make the payroll and all the other costs in there, we have had to increase the taxes somewhat for next year. We have lived within our, on the expense side of the budget it is pretty close to what we asked for and next year is pretty comparable to that. Our problem is a shortfall in revenues. MR. SCHWARTZ: How does the, do the three R's, reduce, reuse and recycle impact the budget up there? November 4, 2009 Southold Town Board Meeting Minutes Page 8 COUNCILMAN KRUPSKI: Well, they all do. you know, the recycling, there is whatever the market is for cardboard and metal and the reuse is something that is used by the community and the reduce part, I think we are looking for business. JUSTICE EVANS: And I think, the market for recycles .... MR. SCHWARTZ: Who is in charge of those aspects? COUNCILMAN KRUPSKI: Mr. Bunchuk, who runs the dump. MR. SCHWARTZ: Mr. Bunchuk, well, I spoke to Mr. Bunchuk and he said he could use some help. COUNCILMAN KRUPSKI: Well, actually he is going away to a, we are paying him $60 to go away to a seminar to try to find a better market for his, for the recyclables which, some of which are not, such as glass, are not very marketable right now. MR. SCHWARTZ: Well, I have nothing but praise for Mr. Bunchuk and the Town Board but I think you all could use some help. And isn't there a position on the, in the town... COUNCILMAN WICKHAM: There was. MR. SCHWARTZ: Organizational structure for a recycling coordinator? COUNCILMAN WICKHAM: Yes. Ruth Oliva formerly held that position. MR. SCHWARTZ: Ruth Oliva. And last time I was here and asked for when it would be filled, the Supervisor told me it wouldn't be for another 20 years. Do you all agree with that? COUNCILMAN KRUPSKI: I think the person who runs the dump should be on top of that and should be running the recycling program at the dump. MR. SCHWARTZ: I think it takes more than one person and something different like that. Are you aware of the current programs that are being promoted and engaged in in Nantucket? COUNCILMAN KRUPSKI: No. MR. SCHWARTZ: Because they are on the cutting edge, as the Town of Southold was, I don't know, 10, 15, 20 years ago. COUNCILMAN KRUPSKI: Well, I think we were rated a few years ago, we had a C or a C minus but most of the bad grades were, not because we weren't recycling, the town wasn't recycling; it was because the town wasn't doing a good promotional work about the recycling program. November 4, 2009 Page 9 Southold Town Board Meeting Minutes. MR. SCHWARTZ: I think we need to get on the ball. Thank you. COUNCILMAN KRUPSKI: Thank you. Would anyone else like to comment on the budget? Nick Deegan, Mattituck NICHOLAS DEEGAN: Hi, Nicholas Deegan, Mattituck. In light of that reduced income and reduced use of the, have you put back of the stack to correlate it with that reduced workload at the dump? COUNCILMAN KRUPSKI: That is a work in progress. We are trying to, actually right now we are reevaluating how it is being operated. The hours and .... MR. DEEGAN: And cutting back on the hours (inaudible) COUNCILMAN KRUPSKI: Well, that is part of it. Yeah. COUNCILMAN WICKHAM: And through attrition. MR. DEEGAN: In the times of cycles (inaudible) and you keep on going (inaudible) even though there is less work there to be done. COUNCILMAN KRUPSKI: No. And like all departments, that is an ongoing process of reevaluating and we have been very active on this one. This one is consuming a lot of attention by the Board. COUNCILMAN ORLANDO: And Nick, since we don't process any of the debris that was brought in, we are just transferring it, so it actually just saves that person who works there driving back and forth and wherever the destination is. So it actually is saving wear and tear on the vehicle, since they are not driving as much. They are just being delegated to do another job at the landfill while he is there. MR. DEEGAN: Yeah. COUNCILMAN ORLANDO: We don't process material in there anyway. It is just the transfer station. MR. DEEGAN: Well, I was wondering if there (inaudible) COUNCILMAN ORLANDO: People are there dumping recyclables nonstop. And this time of year they are bringing in some debris. So they are busy. MR. DEEGAN: And the other thing, under reuse, I think if you had a covered reuse area I think it would probably be more of a reuse. COUNCILMAN KRUPSKI: You are right. November 4, 2009 Page 10 Southold Town Board Meeting Minutes MR. DEEGAN: Because you just don't want anything to get damaged, with the wind and to be out there in the open, it just makes sense to me (inaudible) one shower and it is like it is mined. COUNCILMAN KRUPSKI: I agree. MR. DEEGAN: So I would like to see some covered area for reuse, I don't think that if you have all that stock down there, someone in their downtime could put a cover over it. Thank you. COUNCILMAN KRUPSKI: Actually, one of the things we are working on is a cover first for the oil recycling area, so that is not out in the rain. But the reuse thing is a close second. MR. DEEGAN: Alright. Thank you. COUNCILMAN KRUPSKI: Thank you. Anyone else? COUNCILMAN ORLANDO: I have a quick question for John and I know you mentioned it, I just don't remember what it was top of my head. What is the number for this tax of this year per assessed thousand per household? JUSTICE EVANS: You mean what is it going up? COUNCILMAN ORLANDO: Yes. MR. CUSHMAN: Value? COUNCILMAN ORLANDO: Yeah. you know... MR. CUSHMAN: The average assessed value is about $6,000. COUNCILMAN ORLANDO: Right. but it was $20 per thousand or something like that? MR. CUSHMAN: $245 per thousand. COUNCILMAN ORLANDO: $245 per? MR. CUSHMAN: Per thousand dollar of assessed value. JUSTICE EVANS: How much is it going up this year? MR. CUSHMAN: $20.80. COUNCILMAN ORLANDO: So it is $12.807 MR. CUSHMAN: $20.80 per... November 4, 2009 Page 11 Southold Town Board Meeting Minutes COUNCILMAN ORLANDO: Per thousand dollar assessed. COUNCILMAN RULAND: That is on the average? MR. CUSHMAN: Right. On the average. So 20 times 6, it is $120 for the average household. COUNCILMAN ORLANDO: So taxes will go up approximately $120 per the average household? MR. CUSHMAN: Yes. JUSTICE EVANS: Do you want me to move to close the hearing? COUNCILMAN KRUPSKI: Unless the Board has any other comments. SUPERVISOR RUSSELL: First I want to apologize to everyone for being late. I actually went home from work session and was taken quite ill. COUNCILMAN KRUPSKI: Well, if you don't feel well, go home. Motion To: Motion to close budget heating RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans ABSENT: Scott Russell V. Resolutions 2009-870 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit 11/4/09 RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated November 4~ 2009. Vote Record ~ Resolution RES-2009-870 [] Adopted Yes/Aye No(Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] : [] [] [] Defeated Vincent Orlando Voter ~ [] [] [] [] Tabled [] Withdrawn Albert Krupski Jr. Voter [] Supervisors Appt Thomas H. Wickham Seconder ~ [] : [3 [] Louisa P. Evans Initiator [~ [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] November 4, 2009 Page 12 Southold Town Board Meeting Minutes 2009-871 CATEGOR~ DEPARTMEN~ Set Meeting Town Clerk Set Next Meeting 11/17/09 4.'30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, November 17, 2009 at the Southold Town Hall, Southold, New York at 4:30 P. M.. Vote Record - Resolution RES-2009-871 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter I~ [] [] [] [] Defeated Vincent 0rla~d~ V0i~ [] [] [] [] [] Tabled 13 Withdrawn Albert Krupski Jr. Voter [] [] [] [] [] Supervisor's Appt Thomas H. Wickham : Seconder [] [] [] [] [] Tax Receiver's Appt Louisa P, Evans Initiator [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-872 CA TEGOR ¥: DEPARTMENT: Employment - Town Accounting Hire Kristy Winser Permanent Site Plan Reviewer WHEREAS the Town Board of the Town of Southold has provisionally appointed Kristy Winser to the position of Site Plan Reviewer effective June 16, 2009 and WHEREAS Kristy Winser has taken and passed the Civil Service examination for Site Plan Reviewer, and is reachable on the Suffolk County Department of Civil Service list of Eligible's for the competitive position of Site Plan Reviewer, and WHEREAS the Town Board of the Town of Southold has determined that it is the best interest of the Town to appoint Kristy Winser to the permanent position of Site Plan Reviewer from said List of Eligible's, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Kris .ty Winser to November 4, 2009 Page 13 Southold Town Board Meeting Minutes the position of a Site Plan Reviewer from the Civil Service list of Eligible's for the Planning Board, effective November 4, 2009, at a rate of $50,394.28 annually. Vote Record - Resolution RES-2009-872 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Initiator [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albert Kmpski Jr. Voter [] [] [] [] [] Withdrawn Thomas H. Wickbam Voter [] [] [] [3 [] Supervisor's Appt Louisa P. Evans Seconder [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter Fl [] [] [] 2009-850 Tabled 10/20/2009 4:30 PM CA TEGOR Y: Grants DEPARTMENT: Public Works Hamptons Collegiate Baseball RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to sign a Memorandum of Understanding with Hamptons Collegiate Baseball for the use the facilities at Cochran Park for the 2010 baseball season, subject to scheduling by the Southold Recreation Department and Hamptons Collegiate Baseball filing a One Million Dollar Certificate of Insurance, with the Town Clerk's Office, naming the Town of Southold as additional insured, all in accordance with the approval of the Town Attorney. Approval for this event is for 2010 only. Vote Record - Resolution RES-2009-8S0 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] Fl [] [] Defeated ~incent Orlando Iniii~i0{ 0 [] [] [] [] Tabled Alber~ Kmpski Jr. Voter [] [] [] [] [] Withdrawn Thomas H. Wickham Voter [] [] [] [] [] Supervisor's Appt Louisa P. Evans Seconder [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scoit Russell Voter [] [] [3 [] Comments regarding resolution 850 COUNCILMAN RULAND: Could we insert approval is for this year only? COUNCILMAN ORLANDO: Sure. COUNCILMAN KRUPSKI: Yes. Absolutely. Is there a second on that change? November 4, 2009 Page 14 Southold Town Board Meeting Minutes JUSTICE EVANS: I second the motion with added approval for this year only. 2009-868 Tabled 10/20/2009 4:30 PM C.4 TEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Convenience Stores WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 22nd day of September, 2009, a Local Law entitled "A Local Law in relation to Amendments to the Zoning Code~ Article X entitled Hamlet Business (HB) District and Article XI entitled General Business 0l) District" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law on the 20th day of October, 2009 at 4:40 p.m. 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 ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to the Zoning Code, Article X entitled Hamlet Business (HB) District and Article XI entitled General Business (B) District" reads as follows: LOCAL LAW NO. 14 of 2009 A Local Law entitled, "A Local Law in relation to Amendments to the Zoning Code~ Article X entitled Hamlet Business (HB) District and Article XI entitled General Business (B) District". BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose - The goals of the Town of Southold, as set forth in numerous planning documents over the past twenty years, include the preservation of land, preservation of the rural, cultural and historic character of the hamlets, preservation of the Town's natural environment and natural resources, promotion of a range of housing and business opportunities that support a socio-economically diverse community, and an increase in transportation efficiency while preserving the scenic and historic attributes of the Town. In consideration of these goals, the Town has found that certain retail uses have characteristics that can cause an adverse impact on the public health, safety and welfare. November 4, 2009 Page 15 Southold Town Board Meeting Minutes Convenience stores accessory to gas station uses, because of their proximity to similar uses and their operation characteristics, including increased traffic generation, long hours of operation, bright lights, and the noise and litter problems associated with such uses, tend to be more intrusive to the community, and have the potential to cause adverse impacts. This local law is intended to mitigate the potential impacts of convenience stores accessory to gas station uses by ensuring, through the appropriate revisions to the Town Code, that accessory convenience stores are located on sites that have adequate on- site parking and circulation, are a sufficient distance away from similar uses and are designed to fit in with the community in scale, architecture, and overall site design in order to preserve the community's character. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. [Amended 7-31-1973] CONVENIENCE STORE - A retail store generally less than 5,000 square feet that is designed and stocked to sell prepackaged food items, beverages, periodicals and household goods for off- premise consumption. ARTICLE X Hamlet Business (HB) District §280-45. Use regulations. A. Permitted uses. The following uses are permitted uses and, except for these uses permitted under subsection A(1), (12) and (13 hereof, are subject to site plan approval by the Planning Board. Subparagraphs 1 through 13 - text remains the same. (14) Convenience stores. Accessory uses. The following uses are permitted as accessory uses and except for residential accessory uses and signs, which are subject to Article XIX, are subject to site plan review: Subparagraphs I and 2 - text remains the same. (3) Convenience store located with a prior non-conforming gas station use (gas stations are not a permitted use in the HB zone, however, there are a number of pre-existing gas stations in operation) shall be considered an accessory use subiect to site plan review, only if the following requirements are met: Maximum gross floor area of the retail store equals 800 square feet or less, including storage and counter area. Parking requirement equal to one space per 100 square feet of floor area devoted to retail sales area including the sales counter and retail products November 4, 2009 Page 16 Southold Town Board Meeting Minutes (c) (d) storage. The gas station must still meet its parking requirement separately, however, each fuel dispenser can count as one parking space toward the convenience store requirement. The physical design, including color and use of materials, of the establishment shall be sensitive to the visual and physical characteristics of other buildings, public spaces and uses in the particular location, and shall comply with the retail building standards in 280-45 A(7) (a)-(e) to the extent practicable. (e_)(_~)Signs for the convenience store shall conform with Article XIX of this Chapter, and further, may not be lit from within. (~)(e) Formula food franchises are not permitted within accessory convenience stores. (4) Convenience stores associated with gas stations that do not meet these requirements are considered a second principal use and must meet the minimum bulk schedule requirements (e.g., a gas station with a convenience store that is 1,200 square feet in size must have a minimum of SO,OeO 40,000 square feet of lot area). (5) Pre-existing, non-conforming convenience stores with the proper approvals in place prior to the enactment of this law may continue as they are with no increase in size unless they can meet the requirements for a second principal use. ARTICLE XI General Business (B) District §280-48. Use regulations. A. Permitted uses. The following uses are permitted uses and, except for these uses permitted under subsection A(1), (12) and (13 hereof, are subject to site plan approval by the Planning Board. Subparagraphs 1 through 13 - text remains the same. (14) Convenience stores. C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XIX, are subject to site plan review: Subparagraphs 1 through 3 - text remains the same. (4) Convenience store located with a gas station use shall be considered an accessory use subiect to site plan review, only if the following requirements are met: November 4, 2009 Page 17 Southold Town Board Meeting Minutes (_5) (6) (a) Maximum ~ross floor area of the retail store equals 800 square feet or less, including storage and counter area. (b) Parking requirement equal to one space per 100 square feet of floor area devoted to retail sales area including the sales counter and retail products storage. The gas station must still meet its parking requirement separately, however, each fuel dispenser can count as one parking space toward the convenience store requirement. (c) The physical design, including color and use of materials, of the establishment shall be sensitive to the visual and physical characteristics of other buildings, public spaces and uses in the particular location, and shall comply with the retail building standards in 280-45 A(7) (a)-(e) to the extent practicable. ~0_(d) Signs for the convenience store and gas station shall conform with Article XIX of this chapter. (~ (e) Formula food franchises are not permitted within accessory convenience stores. Convenience stores associated with gas stations that do not meet these requirements are considered a second principal use and must meet the minimum bulk schedule requirements (e.g., a gas station with a convenience store that is 1,200 square feet in size must have a minimum of 60,000 square feet of lot area). Pre-existing, non-conforming convenience stores with the proper approvals in place prior to the enactment of this law may continue to operate as a non- conforming use with no increase in size unless they can meet the requirements for a second principal use. ARTICLE XVIII Parking and Loading Areas §280-78 Off-street parking areas. Type of Use Required Number of Parking Spaces Convenience Stores at least 1 space per 100 square feet of ~ross floor area of the retail store, including storage and counter space 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 bc unconstitutional or invalid. IV. EFFECTIVE DATE November 4, 2009 Page 18 Southold Town Board Meeting Minutes This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2009~868 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Vo~er [] [] [] 13 [] Defeated Vincent Orlando Seconder [] [] E] [] [] Tabled i ~ E] [] Withdrawn T~omas H. Wickham Voter [] [] [] [] [] Supervisor's Appt ~U saP. E~ns ~oier [~ ~ [] [] [] Tax Receiver's Appt 13 Rescinded Scott Russell Voter [] [] [] [] Comments regarding resolution 868 COUNCILMAN KRUPSKI: There are a number of changes and rechanges. We had the public hearing, we had comments from the public and the Planning Board and the Planning staff and those changes were incorporated into the code. And we had the discussion at the work session and I believe all the changes were found to be consistent. JUSTICE EVANS: Can I just ask Martin a question? COUNCILMAN KRUPSKI: Yes. JUSTICE EVANS: Martin, what do we do about the definitions for restaurants and formula food? TOWN ATTORNEY FINNEGAN: It was corrected in section E now. JUSTICE EVANS: They are called formula food franchises. TOWN ATTORNEY FINNEGAN: And it is franchises instead of restaurants that deals with that concern. COUNCILMAN KRUPSKI: Good. Thank you. COUNCILMAN WICKHAM: I think we should just be clear that this is regulating convenience stores associated with gas stations. COUNCILMAN KRUPSKI: And the .... COUNCILMAN WICKHAM: In the two zoning districts. It does not deal with convenience stores in the abstract, on their own. It only deals with convenience stores associated with gas stations. COUNCILMAN KRUPSKI: And this limits them to 800 square feet or less. And it details the parking requirements at one space per 100 square foot of floor area. And it limits them to no formula food franchises within the accessory convenience store. Those are the, I think, the main points of the legislation. November 4, 2009 Page 19 Southold Town Board Meeting Minutes 2009-873 C,4TEGORY: DEPARTMENT: Budget Modification Police Dept Budget Modification - Police Fiscal Impact: Budget mod is required to cover an overextended line on the marine unit budget repair line due to unexpected/necessary repairs to marine equipment RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 General Fund Whole Town budget as follows: From: A.3120.4.400.650 Vehicle Maintenance & Repairs $1,000.00 To: A.3130.4.400.650 Vehicle Maintenance & Repairs $1,000.00 Vote Record - Resolution RES-2009-873 , ~ Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [~ [] [] [] [] Defeated Vincent Orlando Voter ~ [] [] [] [] Tabled Albert Krupski Jr. Voter ~] [] [] [] [] Withdrawn Thomas H. Wickham Seconder I~ [] [] [] [] Supervisor's Appt Louisa P. Evans Initiator ~ [] [] [] [] Tax Receiver's Appt [] [] [] ~ [] Rescinded Scott Russell Voter 2009-874 CA TEGOR Y: DEPARTMENT: Budget Modification Data Processing RPS System Maintenanee Budget Modification Fiscal Impact: to cover unexpected charges for the RPS system RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 General Fund~ Whole Town budget as follows: From: A.1680.4.400.558 PC Software Maintenance $1,450.00 To: November 4, 2009 Page 20 Southold Town Board Meeting Minutes A.1680.4.400.554 RPS Maintenance $1,450.00 Vote Record- Resolution RE8-2009-874 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [~ [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled Albert Krupski Jr. Voter [] [] [] [] [] Withdrawn Thomas H. Wickham Initiator [] [] [] [] [] Supe~isor's Appt Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt Scott Russell Voter [] [] [] [] [] Rescinded 2009-875 CA TEGOR Y: DEPARTMENT: Support/Non-Support Resolution Planning Board Memorializing Resolution in Support of the Continued Efforts to Establish an Improved Public Transit System for the East End Fiscal Impact: This is a resolution expressing support to continue the East End Rural Transit Study to the next level by asking for a Federal grant through the SAFETEA-LU program with local match to be provided by the State. This next step is necessary to bring the project to the point where it can be included in New York State transportation plans, an important first step in funding actual transit improvements WHEREAS, in 2006 the Towns of East Hampton, Riverhead, Shelter Island, Southold and Southampton agreed to jointly apply for a New York State grant to fund the initial feasibility study of an improved public transit system, with the Town of Southampton acting as lead municipality; and WHEREAS, this Shared Municipal Services/Local Government Efficiency grant was awarded to the Towns by the NY Department of State, with each Town having contributed their proportional matching share; and WHEREAS, the final report from this study, conducted by the Volpe National Transportation Systems Center, has now been completed; and WHEREAS, as a result of this study the East End Towns do desire to continue to pursue the additional steps needed towards implementation of an improved transit system; and WHEREAS, in order to continue to move forward, the Town of Southampton has submitted a request to Congressman Bishop, Senator Schumer and Senator Gillibrand to include funds for future work related to this project in an upcoming Federal transportation funding bill; and, WHEREAS, it is believed that an award of $1,000,000 from the Federal government to continue further technical analysis related to this effort may be approved; and November 4, 2009 Page 21 Southold Town Board Meeting Minutes WHEREAS, this award would require a local 20% ($200,000) local match and that match will be provided by New York State; and WHEREAS, Assemblyman Alessi, Assemblyman Thiele and Senator LaValle have included the entire local match amount within the New York State Metropolitan Transportation Authority's budgeting process; and WHEREAS, Congressman Bishop has requested that each Town provide a confirmation of their continued support for this project and the funding request from the federal government; now, therefore be it RESOLVED, through the passage of this resolution the Town of Southold memorializes its support for this SAFETEA LU funding request and will provide this resolution to the Town of Southampton for submission to the appropriate elected officials. ~ vote RetOld - R~soluti0n RES-2009-875 [] Adopted yes/Aye No/Nay Abstain : Absent [] Adopted as Amended William Ruland Initiator [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] labled Albert Krupski Jr. Voter [] [] : [] [] [] Withdrawn ~m~ ~i ~i~m Sec0~der [] [] [] [] [] Supervisor's Appt Louisa P. Evans Voter [] [] [] D [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 11. Comments regarding resolution 875 COUNCILMAN RULAND: While Councilman Krupski hasn't cast his ballot yet and I understand his motivations completely, I am going to vote aye because I think we should still continue to look. COUNCILMAN ORLANDO: I agree with Councilman Ruland. Aye. COUNCILMAN KRUPSKI: I think there are a couple of shortcomings on this that I have been consistent on since I took office. One is failure to address the ferry situation to the south fork, the failure at all and I think that is representative of a program here that doesn't represent Southold at all. Another is a fact that we are spending $1,000,000 in federal money just to continue further technical analysis and $200,000 match from New York State which I think is coming from a tax levied on all business owners from the MTA and I just think it is like a dog chasing its tail here and I vote no. 2009-876 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to Mattituck-Cutchogue Teachers' Association to Use Certain Roads for Its 2009 Turkey Trot in Mattituck, on Thursday, November 26, 2009 Fiscal Impact: November 4, 2009 Southold Town Board Meeting Minutes Page 22 Total police department cost for event = $279.54 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Mattituck-Cutchogue Teachers' Association to use the following route for its 2009 Turkey Trot in Mattituek~ on Thursday~ November 26~ 2009: beginning at the high school heading west, turn left on Pike Street, cross SR25 to Reeves Avenue heading south, turn left at New Suffolk Avenue, left at Locust Avenue, left at SR 25 and return to the westerly entrance of the high school, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. Vote Reeord- Resolution RES-2009476 ~ Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Seconder [] [] [] [] [] Defeated Vincent Orlando initiator [] [] [] [] [] Tabled [] Withdrawn Albect Kmpski Jr. Votec [] [] [] [] [] Supervisor's Appt Thomas H. Wickhmn Voter [] [] [] [] Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-877 CATEGORY: DEPARTMENT: Budget Modification Town Clerk Budget Modification 2009 Highway Fiscal Impact: The reason for the transfers submitted is due to the fact that these line items would otherwise be under- funded. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 Highway Fund Part Town budget as follows: To~: DB.5110.4.100.905 DB.5130.2.300. I00 General Repairs, C.E. Supplies & Materials, Asphalt Patch Machinery Equipment & Capital Outlay Motor Vehicles, Light Duty $ 4,000.00 $ 6,700.00 November 4, 2009 Page 23 Southold Town Board Meeting Minutes DB.5140.4.100.125 Brush & Weeds/Misc., C.E. Supplies & Materials, Misc Supplies $ 300.00 DB.5140.4.100.600 Brush & Weeds/Misc., C.E. Supplies & Materials, Uniforms $ 619.00 DB.5140.4.600.700 Brush & Weeds/Misc., C.E. Misc., Licenses TOTAL: $ 500.00 $12,119.00 From: DB. 5110.4.100.900 General Repairs, C.E. Supplies & Materials, Resurfacing Projects $ 4,000.00 DB. 5142.2.400.200 Snow Removal Equipment Industrial Equipment, Snow Equipment $ 6,700.00 DB.5140.4.100.550 Brush & Weeds/Misc., C.E. Supplies & Materials, Equip Parts/Supplies $ 919.00 DB.5140.4.600.200 Brush & Weeds/Misc., C.E. Misc, Meetings & Seminars $ 500.00 TOTAL: $12,119.00 Vote Rec,0rd - Resolution REs-2009-877 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Seconder ~ F1 [] [] Tabled . Albert Krupski jr. Initiator [] E] : [] [] [] Withdrawn Thomas H. Wickham Voter [] [] [] [] [] Supervisor's Appt Louisa P. Evans Voter [] [] [] 13 [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] vi F1 ~ 2009-878 CA TEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification - Police Fiscal Impact: Donation received by PD for placement on police miscellaneous supplies budget line. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 General Fund Whole Town budget as follows: November 4, 2009 Page 24 Southold Town Board Meeting Minutes To: Revenues: A.2705.40 Gifts & Donations $100.00 To'- Appropriations: A.3120.4.100.900 Miscellaneous Supplies $100.00 Vote Record- Resolution RES-2009-878 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] , E3 [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albert Krapski Jr. Voter [] [] 13 [] [] Withdrawn Thomas H. Wickham Seconder [] [] [] [] [] Supervisor's Appt Louisa P. Evans Initiator [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-879 CA TEGOR Y: DEPARTMENT: Attend Seminar Police Dept Grant Permission to Police Officer Thomas Hudock to Attend Quarterly Meeting of State of New York Juvenile Officers Association in December RESOLVED that the Town Board of the Town of Southold hereby grants permission to Police Officer Thomas Hudock to attend the State of New York Juvenile Officers Association Quarterly meeting commencing on Thursday, December 3 through Friday~ December 4~ 2009 in Syracuse~ New York. All expenses for registration, travel to be a legal charge to the 2009 Juvenile Aid Budget line ~ A.31527.4.600.200. Travel to be by Department vehicle. ~ ¥ote R~rd r Resolution RES-2009-879 [~ Adopted yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled Albert Krupski Jr. Voter [] [] [] [] [] Withdrawn ~0mas H. Wickham Initiator [] [] [] [] [] Supeawisor's Appt Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-880 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Sub-License Agreement Among the Town of Southold, the Suffolk County Real Property Tax Service Agency, and Studio Ab Architects November 4, 2009 Page 25 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 the Sub-License Agreement among the Town of Southold~ the Suffolk Coun .ty Real ProperS. Tax Service Agenc¥~ and Studio ab Architects, for a term that will expire on December 31,2011, in connection with the Suffolk County Advanced Real Estate Information System (AREIS) and Tax Map Products, subject to the approval of the Town Attorney. ~ V0te Record - Re~oluaon RE8,2009-880 , [] Adopted YeS,Ye No/Nay Abstain Absent [] Adopted as Amended William Ruland Initiator [] [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled [] [] Albe~t Kmpski ~r. Vp~er [] [] [] Withdrawn [] [] [] [] Thomas H. Wickham Voter [] Supervisor's Appt Louisa P. EvansVoter ~ ~ [3 [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-881 cA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Property Access Agreement Between the Town of Southold and Cablevision Lightpath, Inc. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Property Access Agreement between the Town of Southold and Cablevision Li~ht~ath, Inc. regarding the installation of equipment at the Police Department and Town Hall in connection with the conversion of the Town's data, voice and internet connectivity, subject to the approval of the Town Attorney. 2009-882 November 4, 2009 Page 26 Southold Town Board Meeting Minutes CA TEGOR Y: DEPARTMENT: Recycling Seminar Attend Seminar Solid Waste Management District RESOLVED that the Town Board of the Town of Southold hereby grants permission to Solid Waste Coordinator James Bunchuck to attend a seminar on emerging markets for "problem" recyclables and new recycling grant opportunities in Alban.y, NY, on November 12, 2009. Cost of seminar registration ONLY ($60) to be a legal charge to the 2009 Solid Waste Management District budget (meetings and seminars). vote Record - Resolution RES-2009-882 [] Adopted ~ Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] : [] [] [] Defeated Vincent Orlando 'Voter ~ [] [] [] Tabled AiD~ ~ki ~ [] Withdrawn ~o~ 1ti ~i~am Seconder [] [] [] [] [] Supervisor's Appt Louisa P. Evans Voter [] I-I [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-883 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the ELIH TWIGS to Hold a "Snow Ball" Fundraiser and Close Love Lane on Friday, December 4, 2009from 4.'00 PM to Midnight Fiscal Impact: Total Police cost for event = $289.19per night RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Eastern Long Island Hospital TWIGS to hold a "Snow Ball" fundraiser and close Love Lane on Friday, December 4, 2009 from 4:00 PM to Midnight, 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 of $100 and $250 Clean-up deposit fee does not apply as the event is by invitation only, maximum of 50 people in attendance. November 4, 2009 Page 27 Southold Town Board Meeting Minutes ,t' Vote Record ~ Resoluti0n RES-2009-883 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] Defeated Vincent Orlando Voter ~l [] [] [] [] Withdrawn Thomas H. Wickham Seconder [] [] [] [] [] Supervisor's Appt Louisa P. Evans Initiator [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] 20. Comments regarding resolution 883 COUNCILMAN RULAND: Is it too late for discussion? COUNCILMAN KRUPSKI: Not at all. COUNCILMAN RULAND: I think we need to table this. I have a problem, if it is by invitation only and this is public property, that seems rather, we need a clarification of what this is. JUSTICE EVANS: Well, they did, in their application, explain what they were. It is sort of an auxiliary group that is raising money for something for the hospital but I do think we need to find out more. COUNCILMAN WICKHAM: It is December 4th and they have got to do everything. COUNCILMAN ORLANDO: It is a fundraiser for the ELIH auxiliary and they are putting together some fundraiser on Love Lane with all the vendors in there. With a minimum... COUNCILMAN RULAND: It is only 50 people, that seems rather incredible. COUNCILMAN ORLANDO: 50 people. I am assuming they didn't want to abuse, have a million people there. I am speculating. COUNCILMAN KRUPSKI: Couldn't it be done maybe in the parking lot behind it instead of on the street? Without closing the street? JUSTICE EVANS: Well, in their application they did say that they had talked to all the merchants on Love Lane and they were all in favor of this. COUNCILMAN WICKHAM: I think we should go ahead with it. The hospital is a very important institution and they need funding. COUNCILMAN KRUPSKI: Well, we voted on it unless, Bill, you wanted to make a motion to table it and we can see where that goes. I will rescind the resolution, you can make a motion to rescind the resolution if you want but I don't know if you....we did adopt it. JUSTICE EVANS: We moved it, she didn't write the vote down because you asked to table it, I mean discussion. November 4, 2009 Page 28 Southold Town Board Meeting Minutes COUNCILMAN RULAND: I didn't say table it, I wanted discussion. COUNCILMAN KRUPSKI: Well, we were moving fight along so we... JUSTICE EVANS: Are you ready to vote on it? COUNCILMAN WICKHAM: Yes. COUNCILMAN RULAND: It is not that I question the intent but if it is a fundraiser, only 50 people are coming either the tickets are extremely expensive, alright, but you are using a public venue. That is my point. That is my point. It is a public road. We are going to close the road. It is not like the movie night where 300 or 400 people come. COUNCILMAN WICKHAM: Let's do a roll call. COUNCILMAN ORLANDO: Well, why don't we make a motion to hold it. COUNCILMAN WICKHAM: I don't think we should do that. I think we should vote it up or down. It is less than a month away now. COUNCILMAN KRUPSKI: Do you have a problem with it, Vinny? COUNCILMAN ORLANDO: I don't. COUNCILMAN KRUPSKI: Let's have a roll call and move on. COUNCILMAN RULAND: I am going to abstain because I don't believe there is enough information. 2009-884 CA TEGOR ¥: Budget DEPARTMENT: Town Clerk Cdbg 2010 RESOLVED that the Town Board of the Town of Southold hereby adopts the following 2010 Community Development Block Grant Budget and authorizes and directs Supervisor Scott A. Russell to sign the Project Description forms for the same: Administration Home Improvement Program Housing rehabilitation program administered by the $ 13,000 $ 62,500 November 4, 2009 Southold Town Board Meeting Minutes Page 29 North Fork Housing Alliance Renovations and rehabilitation for the Peconic Lane Community Center $ 35,000 Robert Perry Child Day Care Center Support for child daycare facility serving low and moderate income families. $ 7,500 Peconic Community Council Support for Maureen's Haven initiative to assist the homeless with temporary shelter. $ 7,000 Community Action of Southold Town Support for community organization providing emergency .assistance, food pantry, clothing, referrals, etc. $ 5,000 TOTAL $130,000 Vote Record - Resolution RES-2009-884 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Seconder [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [][] WithdrawnTabled Albert Krupski Jr. Voter [] [] [] [] Thomas H. Wickham Initiator [] [] [] [] [] Supervisor's Appt Louisa P. Evans Voter 1~ [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-885 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Clerk Contracts, Leases & Agreements RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Mnnieity Software Agreement between the Town of Southold and General Code Publishers regarding the permits for land management between the Building Department, Planning Department, Zoning Board of Appeals, Land Preservation and Trustees, all in accordance with the approval of the Town Attorney. November 4, 2009 Page 30 Southold Town Board Meeting Minutes Vote Re~ord - Re~olution RES-2009-885 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Initiator [] [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled Albert Krupski Jr. Voter [] [] [] [] [] Withdrawn Thomas H. Wickham Voter [] [] [] [] [] Supervisor's Appt Louisa P. Evans Voter I~ [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] Fl [] 2009-886 CATEGORY: DEPARTMENT: Public Service Town Attorney Authorizes and Directs the Superintendent of Highways Peter Harris to Install a Pedestrian Crosswalk and Appropriate Signage on Peconic Lane North of Carroll Avenue Between Tasker Park and Jean Cochran Park RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Superintendent of Highways Peter Harris to install a pedestrian crosswalk and appropriate signage on Peconie Lane North of Carroll Avenue between Tasker Park and Jean Coehran Park in accordance with the recommendations of the Town of Southold Transportation Commission. ~' Vote Re~ord - Resolution RES-2009-886 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Seconder [] [] [] [] [] Defeated Vincent Orlando Initiator [] [] [] [] [] Tabled [] [] : Alb~ct Krupski Jr. ~ er [] [] [] Withdrawn [] [] [] [] Thomas H. Wickham Voter [] Supervisor's Appt [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter F1 [] [] [] 24. Comments regarding resolution 886 COUNCILMAN ORLANDO: I think this is a good idea for Peconic Lane. I think it serves a dual purpose that will create some sort of traffic calming in that particular area and also give safe access for children and their parents to go between Tasker park and Cochran park. 2009-887 CA TEGOR Y: DEPARTMENT: Public Service Town Attomey Supports and Requests the Permanent Lowering by the New York State Department of Transportation (DOT) of the Maximum Speed Limit on County Route 48 in the Area of Town Beach November 4, 2009 Southold Town Board Meeting Minutes Page 31 RESOLVED that the Town Board of the Town of Southold hereby supports and requests the permanent lowering by the New York State Department of Transporatlon {DOT) of the maximum speed limit on County Route 48 in the area of Town Beach between a point 500+ feet east of Town Beach and a point 300+ feet west of Clark Road from 50 mph to 40 mph thereby eliminating the current seasonal restriction and further authorizes the Town Clerk to execute the requisite TE-9 form for the DOT to effectuate the change, subject to the approval of the Town Attorney. Vote Record - Resolution RE8-2009-887 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent oriando Seconder [] [] [] [] [] Tabled Albert Krupski Jr. Initiator [] [] [] [] [] Withdrawn Thomas H. Wickham Voter [] [] [] [] [] Supervisor's Appt Louisa P. Evans Voter [] 13 [] [] [3 Tax Receiver's Appt Scott Russell Voter [] [] [] [] [] Rescinded 26. comments regarding resolution 887 COUNCILMAN KRUPSKI: This is a system in the past where it had been 50 mph and then during the busier season it went to 40 mph. And this is going to clarify that and just be a strict, all year round 40 mph zone. 2009-888 CA TE GO R Y: DEPARTMENT: Public Service Town Attorney Truck Route Sign Removal RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to execute a letter to the New York State Department of Transportation {DOT) requesting the removal of "Truck Route 25" signs located on Route 25 at Aldrich Lane in Laurel, subject to the approval of the Town Attorney. Vote Record - ReSoLution RES-2009-888 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent OrlandoVoter [] E] D [] [] Tabled A!b~ ~psk! Jr. Y~ter [] [] [] [] [] Withdrawn Thomas H. Wickham Seconder [] [] [] [] El Supervisor's Appt Louisa P. Evans Initiator [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] {~ November 4, 2009 Page 32 Southold Town Board Meeting Minutes ClosinR Statetments Councilman Krupski COUNCILMAN KRUPSKI: That would be it. Now, would anybody like to address the Town Board on any general matter on the agenda or not? Marie? Marie Domeniei MARIE DOMINICI: I have a question regarding this amendment 888 which I am glad to see (inaudible). I just have a question, if indeed this comes to fruition, the question then because people who have then, you know, the track drivers who have been using that route alternatively for what, the last 20 years? COUNCILMAN KRUPSKI: Mmmhmmm. MS. DOMINICI: Would there be a sign that would post in lieu of the sign that says no truck traffic, would there be a sign that says track, you know, through track traffic on the Main Road? COUNCILMAN KRUPSKI: No, they would just remove the sign and let people come through. MS. DOM1NICI: Okay. So then old habits would die hard because I am a truck driver and I am making the same route you know, once or twice... COUNCILMAN ORLANDO: The old ones, yes, the new ones, no. COUNCILMAN KRUPSKI: And also I think the new ones are going to realize it is a lot quicker route just to go straight. So I think they will figure it out pretty quickly. MS. DOMINICI: Okay. I applaud your efforts for doing that. And thank you very much. I appreciate it. COUNCILMAN KRUPSKI: Good. Thank you. Would anyone else like to speak? Benja Schwartz BENJA SCHWARTZ: Rush to the microphone here tonight. How are you doing again. Benja Schwartz, Cutchogue. As you know, the election is almost over. Not everybody in town maybe knows who won or not. I thought it was interesting that the Suffolk County Board of Elections has what they called the unofficial results. If they are not the officials, who are? But what they mean is, they are not the final results. Final results we might have to wait three weeks for. So we don't have final results yet. But we do have some official unofficial results from the Suffolk County Board of Elections. So rather than go to the Suffolk Times website or the, those green blue people's website, we can go to the Suffolk County website and we can read the reports from the election districts of Southold Town. We cannot distinguish between the various election districts there but what we do know is that there is, from the information on that website, it appears there are slightly over 6,000 voters registered in Southold Town and of those 6,000 or so, no, I am sorry, there are 16,000 and out of that 16,000 approximately 6,000 voted.. At least for the Town Board seats. So I am sorry that out of every 100 registered voters, 62 of them November 4, 2009 Page 33 Southold Town Board Meeting Minutes chose not to vote. But I am not surprised. I feel that voting once a year is not enough. That is why I come here every couple of weeks. Try and do a little more than once a year voting. I think that uh, if we want to call it our government, we have to work for it and with it. I applaud the Republican party for having posted a platform. However, there were goals but no specific actions. And Democratic party didn't even want to vote, to post a platform. They thought someone might use it to attack them. So if the Democrats and the Republicans, neither one of them can agree on a course of action in it, a mission for the town government, then how are you going to do it on the Town Board? How are you going to do it together? COUNCILMAN WICKHAM: We don't need to agree. MR. SCHWARTZ: We don't need to agree. We don't need to have a common goals and common set of actions that we want to take for the town? COUNCILMAN KRUPSKI: Well, you are with us tonight, there were some split votes. You know, we have discussion. We had a lot of discussion this morning about a lot of things. MR. SCHWARTZ: And listen, voting that is the American way. Someone wins by 51% doesn't mean they are elected to represent 51% of the people. COUNCILMAN KRUPSKI: Mmmhmm. MR. SCHWARTZ: Okay? They are elected to represent 100% of the people. And I think they need to have a sense of what is the right thing for 100% of the people. And you know, Tom, I don't always agree with everything, some people call me, well, but I do try to reach a consensus if it is possible. Would you agree that is a good thing? COUNCILMAN KRUPSKI: Sure. MR. SCHWARTZ: Okay. Well, I would just briefly like to mention a few of the problems I had with the Republican party platform. The Republican party in Southold Town stands for limited government, using power only to the extent necessary. That sounds fine, except when you consider the Republican party is part of the government and they are standing for limiting government. Seems like they are anti government government. Like they are against themselves. You know, we have the business people and the citizens, the private citizens, they stand up for themselves and the government has to protect their rights, too. But I would hope that the government would believe in government. Government again, I am not going to quote verbatim but the Republican party platform essentially says that government is there for one purpose and one purpose only, to protect property fights. I love my stuff, what I own, whether it is a car, land, whatever. Property is very important but that is not the only purpose of government in Southold Town and I would like to hear someone else saying that. Especially when we have the Republican party which I assume a majority of the voters are still registered in the Republican party. I used to be registered in the Republican patty but I gave up that vice, I have still got some other ones. Anyway, what does government stand for? What is the purpose of government, if it is not property rights? How about common fights? Community, civil rights. November 4, 2009 Page 34 Southold Town Board Meeting Minutes I don't know. I will let you fill in the rest of that. Speaking about the hamlets of Mattituck, you all were speaking about hamlets of Mattituck this morning. Hamlets in Southold Town are rather ill-defined. There is no official map of the hamlet boundaries in Southold Town. Maybe one will be developed but there were suggestions made this morning which made a lot of sense, that maybe Mattituck is de facto more like two hamlets. The Love Lane area and the Main road area. The discussion involving the proposed conversion of the gasoline station on the comer of the Mattituck shopping plaza to a 7-11 was rather disturbing at the work session this morning when some of the Board members seemed to reverse their earlier positions, a couple of weeks ago at the Board meeting when there was a, when the convenience store legislation was first put up for a public heating, was that adopted tonight? Did I miss that? COUNCILMAN KRUPSKI: We did. We did adopt that. MR. SCHWARTZ: You did. COUNCILMAN KRUPSKI: Mmmhmm. MR. SCHWARTZ: It is a good thing I approve of that. But at that earlier hearing, there was discussion of maybe we should have a moratorium .... COUNCILMAN KRUPSKI: Mmmhmm. MR. SCHWARTZ: And if you remember, I spoke out and said, well, we need to define what the moratorium is about. Well, there were some Town Board members today who agreed with that position but other members of the Town Board reversed their position from I am for it to I am against it, without any explanation or qualification and I don't think that is the way it should be done. Other comments that were made I object to is that the Planning Board is handling it. Planning Board is responsible for certain things but let me be honest with you, I have some legal background and I know that lawyers will always come up with different ways to interpret the law and might disagree but I think it is fairly well established that in New York State, a property owners right to use their property is subject to the right of the community to zone for that property. Where the property owner achieves a vested right is according to the best of my knowledge and New York State law, not just having a permit granted, whether it be a site plan or a building permit, not just having a permit but actually going out there and starting work on that, based on that permit. Putting shovel in the ground. And that hasn't happened. So the comments that I have been hearing that nothing can be done about the proposed 7-11 in Mattituck are dishonest or simply untrue. Either they are foolish or ignorant or corrupt. You tell me. But something can be done and the Planning Board may or mtahy not be the ones that can do it. I believe the Planning Board cannot do it. At the October 20t meeting of this Board, there was a resolution on the Town of Southold comprehensive plan. It began, whereas the Town Board of the Town of Southold pursuant to section 272-A of New York State Town law is charged with the responsibility of preparing and adopting a Town of Southold comprehensive plan. But that is not tree. This Town Board does not, is not required by New York State law to adopt a comprehensive plan. The Town Board is not required to adopt zoning, however, if the Town Board does adopt zoning, the courts have held that there needs to be a comprehensive plan. November 4, 2009 Page 35 Southold Town Board Meeting Minutes Apparently, from that resolution, from the language, what I understand, it seems that this Town Board has now appointed the Planning Board to take over the administration of the planning process for the comprehensive plan and yet the process that has occurred so far I believe it has clearly been driven by the Town Board. Now, you may or may not remember that I am in favor of neither the Town Board nor the Planning Board, I think they both have conflicts of interest and they are busy with other business and I think we need to bring some new people in to create a new plan. I am available if anyone has any questions about what I said, if you want to ask me any questions right now. that is all I have to say tonight. COUNCILMAN KRUPSKI: Thank you. COUNCILMAN WICKHAM: Thank you. COUNCILMAN ORLANDO: Thank you, Benja. Peggy Toner, Mattituck PEGGY TONER: My name is Peggy Toner and I live in Mattituck. I think I missed something here, perhaps because I didn't attend the work session this morning. I came here this evening fully expecting to hear a proposal for a moratorium or at least some discussion about a moratorium, traffic studies and many other facets for the problems that I foresee bringing a 7-11. So I think I need an explanation. What happened? COUNCILMAN KRUPSKI: We had a discussion this, we had discussion this morning, it was on the agenda for convenience stores. We passed legislation tonight addressing convenience stores accessory to gas stations. There was discussion about a moratorium on convenience stores in general. There was not Board support to pursue it. It kind of went around and we moved on after that. COUNCILMAN ORLANDO: Myself and Councilman Krupski brought up the moratorium, to talk about, discuss it. There was no support. It just didn't go anyplace. COUNCILMAN KRUPSKI: A moratorium, I am sorry Tom, has to be very specific in nature in order to accomplish a goal. MS. TONER: I thought that would be discussed tonight, the specifics of putting a moratorium in place. That was my impression. I guess I misunderstood. COUNCILMAN KRUPSKI: That's alright, Tom. Go ahead. MS. TONER: So where does that put us? Are we full steam ahead? COUNCILMAN WICKHAM: Each of us has our own sort of view of this. we did have a good discussion about it this morning. While it is true, there wasn't support for a moratorium at this stage, I think the Board recognizes that that is a very difficult area of Mattituck and it is not an optimal location for an intensive use on that comer. I think most of us have come to that conclusion. We have discussed ways to deal with it and I think there are two or three elements November 4, 2009 Page 36 Southold Town Board Meeting Minutes that emerged this morning that have guided my thinking and I am not sure about other people. One of them is that we, I believe the Planning Board has put in place a number of restrictions on that site which will make it tolerable. It may not be desirable but it will make it tolerable and acceptable in terms of activity in that area. The second thing is, we feel we need a corridor study of the entire region of what I, what we sometimes call the business section of Mattituck. Not the downtown Love Lane area but that area. MS. TONER: And that has got to be before 7-11 is in place. COUNCILMAN WICKHAM: Probably not. Well, we don't know. I really don't know what their time frame is. But we discussed the timing of that. And I will come back to that in a minute but the third thing we talked about is the comprehensive plan that the Town of Southold is embarking on. That the previous speaker spoke about it. The point was made by our staff who help us carry out these plans, it really isn't going to be feasible to do a corridor study of Mattituck and do a comprehensive plan at the same time. We just don't have the capacity to do both and after some discussion back and forth on the Board and correct me if I am wrong about this... COUNCILMAN KRUPSKI: You are going down the right road here. COUNCILMAN WICKHAM: And I believe the Board concluded that the comprehensive plan is the more important element to get in place first and that we can adopt, as part of that plan, a corridor study for Mattituck and even for the other hamlets of the town. We are, I don't think I, I don't want to convey tonight the idea that all of this will be done in time to stop a particular development in Mattituck. I don't think that that was part of our intent in these discussions today. COUNCILMAN KRUPSKI: What Tom spoke about, the component of the comprehensive plan that would address the corridor study, we directed the Planning director to give that priority in the, because the comprehensive plan is just in the beginning stages, so that would be given priority. MS. TONER: What kind of a time frame? When you say priority .... COUNCILMAN KRUPSKI: It would be the first, it would be one of the, well, but there is 12 parts to the comprehensive plan, so this would be the first part that would be addressed. MS. TONER: Very disappointing. I very often feel that I am crossing the traffic circle in Riverhead when I am trying to cross that intersection. Be it on foot or in a car. I live on Sigsbee Road. I avoid Sigsbee Road. I drive on Bay, I drive on Marlene. It is a mess. And I don't think any of you spending a few hours there or even a few days, gives you a true picture of what it is like, day in and day out. The near accidents of people on foot, on bikes, it's a mess. COUNCILMAN WICKHAM: Yes. November 4, 2009 Page 37 Southold Town Board Meeting Minutes MS. TONER: I don't oppose 7-11. I oppose the location. COUNCILMAN WICKHAM: And actually, we, I think some of us came to that same conclusion. This issue has less to do with a particular business at that comer and more to do with the nature of the road's crossing there and the traffic on it. And that requires a special approach in itself. Not a convenience store legislation type of solution. MS. TONER: So it is wait and see. COUNCILMAN WICKHAM: Yes. But I believe the Board really is committed to dealing with it. Only just not in the immediate furore. MS. TONER: Thank you. COUNCILMAN KRUPSKI: Thank you. Would anyone else like to speak? Margaret Noon, Sigsbee Rd, Mattituck MARGARET NOONE: I am Margaret Noone, I live on Sigsbee Road in Mattituck. I don't understand what you said, it is going to go through the 7-11 or it isn't? COUNCILMAN KRUPSKI: It is in the middle of the, we don't know. it is before the Planning Board right now and they are the ones to review it, you spoke about the traffic study, they are the ones that are going to require an updated traffic study. We are not in the position to do that. MS. NOONE: I can't imagine how you can resolve it. There is too much traffic going into Factory Avenue off 25 and coming out right now. it is just unbelievable. I tried to cross from Factory Avenue across to the CVS area where it is for pedestrians and I had the light, I go half way across but the light is changed and people coming from the west to the east, and they are coming right in front of me halfway across that street. It is ridiculous. CVS there, when it was proposed, they were supposed to be opened from 9 to 9. They are now open before 7 in the morning and they close after 10 every night. The loading docks were supposed to be on Marlene, they are on the back of CVS. All of this was part of the planning. I went to all the meetings, never happened. The trucks from CVS doesn't come in from Marlene, it comes from Sigsbee Road and back to us behind CVS. It was supposed to be a colonial looking building, it is yellow material and shutters, never happened. Full of windows on this side with shutters, it is this god awful grayish, brownish whatever with bricks on the bottom. They do whatever they want. And you said, every time I went to a meeting about a CVS, there was a picture of a beautiful building. That isn't what we have. COUNCILMAN KRUPSKI: I will ask the Town Attorney about enforcement on the hours of operation. COUNCILMAN WICKHAM: And on other aspects of compliance with their site plan. If what she has said is true, we should, we should send somebody out to have a look to see if that operator is complying with the terms of their site plan. November 4, 2009 Page 38 Southold Town Board Meeting Minutes MS. NOONE: And the trucks unload, all the trucks except the CVS truck which arrives around 4:30 in the morning and backs up from Sigsbee through the back of CVS. That is the only one I have ever seen unloading, all the rest unload from the front of the building. COUNCILMAN KRUPSKI: Would that be a Planning Board issue or would it go straight to code enforcement. TOWN ATTORNEY FINNEGAN: Well, it would be part of the Planning with the site plan approval. Hours of operation are not generally regulated in our code. JUSTICE EVANS: But their site plan may have indicated where the loading .... TOWN ATTORNEY FINNEGAN: Yeah. The site plan, Damon can look at that and see whether there is... MS. NOONE: The don't have the loading docks on the side of the building where it is supposed to be. It is in the back. That is the way it went. Every time I went to a meeting, I went to all those meetings. COUNCILMAN KRUPSKI: That is tree. Martin, can you contact Damon about these issues tomorrow? And we will have code enforcement take a look at those... TOWN ATTORNEY FINNEGAN: Sure. MS. NOONE: And also there is a grate from Sigsbee Road into the parking area at CVS. COUNCILMAN KRUPSKI: Mmmhmm. MS. NOONE: That grate has been broken since I think day one. My husband went there time after time after time to ask them to do something about it. Every time a car goes over it, it sounds like somebody is dropping a manhole cover from about 20 feet in the air. And I happen to live right there. COUNCILMAN ORLANDO: And that is on Sigsbee Road? The manhole cover? MS. NOONE: Yes. No, it is not a manhole cover .... COUNCILMAN KRUPSKI: Drainage. MS. NOONE: But it sounds like somebody is dropping a manhole cover. COUNCILMAN KRUPSKI: Yeah, we will have code enforcement, well, it is probably in their parking lot. MS. NOONE: But I can't imagine how this 7-11 could operate. People coming in from the November 4, 2009 Page 39 Southold Town Board Meeting Minutes Main Road, going out onto Factory. People are backing up from the ice cream thing. They can't get into the road to come out onto the Main Road. It is crazy. It is insane. Why is it all dumped in Mattituck? All the garbage. Oh, like with the CVS, we can't stop a box store from entering, we will be sued. Isn't it amazing, once that was through, now we can stop box stores from entering Southold. Mattituck used to be a beautiful city. A little town when you rode in and now it is a mess. Just a mess. It is a damn shame. It looks like Riverhead. We don't want it to look like Riverhead. And 7-11, being open 24 hours a day. Why? Will you tell me why? Because somebody, I read in the paper that somebody said oh, it will be nice to get a cup of coffee. COUNCILMAN KRUPSKI: We have suggested that the Planning Board look into the hours of operation also on that. I don't know if it is possible but that is a concern. All night long. Thank you. Marie Domenici MS. DOMENICI: She probably could stay up here and keep talking until things come to my mind. You know, since 9/11 the phrase if you see something, say something. Now you have the entire community, well, a great deal of the community come out and have spoken out against this 7-11 for all the various reasons. The 1,200 signatures and all of the other reasons why people have spoken against it. And when I have talked to the Board, this Board, and I talked to the Planning Board, I see those two organizations as the catalyst for what will happen for this decision making process. Since I don't work in your company here in the Town, it is hard for me to understand when this topic is on the agenda, why a Planning Board representative doesn't come and kind of feedback from these kinds of conversations that are here because I know you guys are limited to what you can do because a lot of it is Planning Board business. COUNCILMAN KRUPSKI: I think because they are in the process now, they would need to know a public hearing to be commenting on the application. MS. DOMENICI: Say that again? COUNCILMAN KRUPSKI: They are in the process, the permit process. They probably shouldn't be commenting on the permit application you know, out of school. They should be in a formal Plaiming Board setting. MS. DOMENICI: But I mean, they should be listening to what is going on every time it comes up for public discussion. COUNCILMAN WICKHAM: At the public heating at our last meeting, our planning director sat through the entire thing and she did take notes for the entire public hearing. And there has been discussion between them, the planning staff and ourselves, in the intervening two weeks. MS. DOMENICI: Okay. When I attended the Planning Board meeting and the people from 7- 11 were represented there, it was mentioned that you know, potentially there should be another traffic study. Now is a traffic study and a corridor study the same thing? November 4, 2009 Page 40 Southold Town Board Meeting Minutes COUNCILMAN KRUPSKI: No. MS. DOMENICI: Okay. Because the 7-11 could do the traffic study. JUSTICE EVANS: Yes. MS. DOMENICI: And the Planning Board were like, you know, we don't want to ask them to do another, you know, study. But it has been throe years since the last traffic study. I think that is truly, truly critical piece of information that has to be part of the decision making process. You know, once this happens, you know, we already have the nightmares that was just described by the lady that spoke before me, now you are going to have the other side of the street which is already a nightmare but now we are going to add to that nightmare. What are we doing to this town? You know, what are we doing? We are making a nightmare here and it is not right, it shouldn't be that way. When you have people who come to you and describe scenarios, foretold is forewarned. And that is on the other side of the street. Now we are looking at putting this 7- 11 in and it is going to be a nightmare and we really, really need to look at this seriously. As a taxpayer, I expect my voice to be heard. And I know you guys, and ladies, I am sorry when I say guys I mean all of you, I apologize. And I know that you listen intently and I know that you give your feedback to the Planning Department, I am sure but this really can't happen. It, we are creating a situation that we are not going to be able to deal with. And when you have people getting injured or god forbid killed up there, if we are wrong as taxpayers, nobody gets hurt but if the decision making process that comes out of this town is wrong, everybody gets hurt. There is going to be more activity for lawsuits or whatever that will come out of this. so I beg you to please, please, please try and find a resolve that goes with the majority. You know, the majority speaks. People get reelected to their positions. So you have the majority of people speaking about 7-11, unfortunately there is not a lot of people here and sometimes I think people chose not to come because they become somewhat apathetic, thinking oh, someone else will take care of it or why go, no one really listens. And I chose to believe that you do. I appreciate the time that you have spent listening to our concerns and I hope that we can move the needle in the majority's favor. And that is the last thing I want to say. One other thing I want to say on a different note, for the budget. For the line by line budget, if you can post it on the website? TOWN CLERK NEVILLE: It will be tomorrow. Yes. Like you said, if anybody wants a copy tonight, I will make it after the meeting. MS. DOMENICI: I am green but I need a copy. TOWN CLERK NEVILLE: Okay. I .... COUNCILMAN ORLANDO: Put a smile on her face, Betty. And that is hard to do. TOWN CLERK NEVILLE: I really tossed it about, was I going to make copies or not. The first time I decided not to and I will make them. MS. DOMENICI: Well, put them on a CD, bum a CD or something. But anyway, again, thank November 4, 2009 Page 41 Southold Town Board Meeting Minutes you. Please consider the 7-11 issue. It is truly, truly .... COUNCILMAN KRUPSKI: Not all of us consider it to be progress by any means. But there is a process that it has got to go through. It is not like we can just say, you know, we can't just wave our wand and say no. MS. DOMENICI: Well, the point (inaudible) and ladies and gentlemen, if we nag you enough, then maybe you can nag the other people that need to be nagged. So then you can just say, please, we can't have the nagging (inaudible). COUNCILMAN WICKHAM: That is an interesting idea. MS. DOMENICI: Okay. Thank you. COUNCILMAN KRUPSKI: Thank you. Okay. Nick Deegan, Mattituck NICK DEEGAN: On the CVS, I didn't realize (inaudible) on the landscaping. COUNCILMAN KRUPSKI: Okay, okay. So noted. MR. DEEGAN: Inaudible COUNCILMAN KRUPSKI: Mmmhmm. MR. DEEGAN: The other thing, do you all agree with the assertion that this is a dangerous intersection in Mattituck? The Factory Avenue, Route 25 intersection? Do you all agree that .... COUNCILMAN WICKHAM: We believe it is a very difficult intersection, with a lot of difficulty and complications. And danger. I think most of us feel that way. MR. DEEGAN: Okay. So can you be held responsible then, if you add more danger to that situation? COUNCILMAN KRUPSKI: How are you measuring danger? COUNCILMAN WICKHAM: Is it clear that a 7-11 constitutes more danger than a gas station? MR. DEEGAN: I think it is clear in that there is more traffic and there is more in and out. It is more constant. COUNCILMAN WICKHAM: Less explosive. MR. DEEGAN: (inaudible) the problem seems to getting in and out and getting access on to the Main Road. That seems, and that seems to be the most dangerous situation right there, not the gasoline. November 4, 2009 Page 42 Southold Town Board Meeting Minutes COUNCILMAN KRUPSKI: Well... MR. DEEGAN: The access in and out onto the highway, seems to me. Having lived there for 20 years. I don't think they need another traffic study to tell me that it is pretty hard (inaudible). COUNCILMAN KRUPSKI: Mmmhmm. MR. DEEGAN: And we brought it to the attention of Pete Harris and the highway department... COUNCILMAN KRUPSKI: Yeah. MR. DEEGAN: They were kind of evasive about the who has responsibility of it and (inaudible) COUNCILMAN KRUPSKI: Mmmhmm. MR. DEEGAN: And it went on all summer and it is a mosquito problem because the water is laying right (inaudible) move the drain, the manhole, the drain down to the lower part. COUNCILMAN KRUPSKI: Well, we will mention it to Pete and see what he says. MR. DEEGAN: Okay. It might need (inaudible) Mattituck Park district. (inaudible) COUNCILMAN KRUPSKI: That has been on the agenda, the Stormwater Committee, and that is a difficult location. MR. DEEGAN: Yeah. COUNCILMAN KRUPSKI: So we are still, we are well aware of how difficult it is and we are still looking at it but we can't just dump that water into the creek and it, because it is so low, it is hard to put that water anywhere. So we are trying to .... MR. DEEGAN: Try putting in some drains that will handle the runoff. COUNCILMAN KRUPSKI: But it is so low, the drains won't catch much there. MR. DEEGAN: Inaudible. COUNCILMAN KRUPSKI: Right. MR. DEEGAN: Inaudible. So we are asking the Town or the highway department to step up and do the same thing we ask the homeowner to do (inaudible) COUNCILMAN KRUPSKI: Sure. November 4, 2009 Page 43 Southold Town Board Meeting Minutes MR. DEEGAN: And because what it does, it limits, puts down access (inaudible) COUNCILMAN KRUPSKI: Oh, I understand. Yeah, I have been there many times, driving through the, foot and a half of water there, sure. MR. DEEGAN: Yeah. Anybody who doesn't have a pickup truck or the SUV .... COUNCILMAN KRUPSKI: You have to wait until it freezes over. MR. DEEGAN: You have a problem (inaudible) COUNCILMAN KRUPSKI: I understand. MR. DEEGAN: Inaudible it goes into the creek anyway because it (inaudible) over that barrier COUNCILMAN KRUPSKI: Right. Mmmhmm. MR. DEEGAN: So it seems to me, the solution would be to go in and put in some drywells. COUNCILMAN KRUPSKI: The superintendent of highways is aware of it and he is looking at it. Because that did come up at the last storm water meeting a week or so ago. That location. And the Aldrich Lane one I will ask him about. MR. DEEGAN: Ask about that one. COUNCILMAN KRUPSKI: Sure thing. MR. DEEGAN: That is a messy situation there. COUNCILMAN KRUPSKI: Okay. Okay. MR. DEEGAN: Inaudible. Thank you. I appreciate it. COUNCILMAN KRUPSKI: Okay. Good night. COUNCILMAN ORLANDO: Thanks, Nick. COUNCILMAN KRUPSKI: Would anyone else like to comment? (No response) Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:20 P.M. November 4, 2009 Page 44 Southold Town Board Meeting Minutes Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans ABSENT: Scott Russell