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HomeMy WebLinkAboutTB-02/23/2010ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES February 23, 2010 7:30 PM A Regular Meeting of the Southold Town Board was Meeting Hall, 53095 Main Road, Southold, NY. Supervisor l PM with the Pledge of Allegiance to the Flag. r23,2010~ 7:30 Call to Order 7:30 PM Meeting called to order on February Southold, NY. Route 25, Opening Statements SUPERVISOR RUSSELL: would be the of the items on the agenda, the Board? Marie? for the pledge? Thank you. This iup and address the Town Board on any d anybody like to come up and address MARIE 12, the Home Rul park lands. I designated as ~ Marie Domenici, Mattituck. On page 3, item Town of Southold to discontinue certain lands as are talking about land that the town owns that is not a park or is it park land that is .... SUPERVISOR perfectly candid, that should have been stricken-fi.om the request to abandon park land on an old subdivision in Mattituck. Board's consensus today was to not act on it. not. She is talking about for discussion. SUPERVISOR Oh, for discussion. Okay, that was removed from the agenda. There is park land, when a subdivision is done, there is, any land that has been reserved typically it is either for drainage or roads and then you have these unailocated parcels and the county or anyone else.will indicate that it is park land. And under state law, only the State of New York can abandon the use of park land. Rescind the use as park land. But we have no interest in ~>kaying in that. It is largely a park that was created with dredge spoils over the 50's and 60's that sort of became a parcel that was once wetlands. February 23, 2010 Page 2 Southold Town Board Meeting Minutes MS. DOMENICI: Okay. Is that similar to the 60 perimeter acres for the Farmveu community? Are you talking about the same type of scenario here? SUPERVISOR RUSSELL: No. COUNCILMAN KRUPSKI: No. SUPERVISOR RUSSELL: Whenever there is a specific property, again, ifI create a subdivision and indicate park land (inaudible), the state would need to rescind that and the request of the property owner was to the state legislation to do that. They won't move forward on it unless the town counsel agrees with it and we don't. COUNCILMAN KRUPSKI: The open space, like for a subdivision, would still be mostly in private hands. Whether it is a homeowner's association or maybe the developer still owns it or maybe one person owns it. MS. DOMENICI: Okay. SUPERVISOR RUSSELL: I honestly don't know how it got designated as parkland. It was honestly a lot that was created with dredge spoils years ago. It became a lot long after that subdivision was filed. It was never intended to be a lot, a building lot. MS. DOMENICI: Okay, so it is not park with trees and... SUPERVISOR RUSSELL: No, far from it. MS. DOMENICI: On page 8, category 2010-170 the surplus equipment, the 88 Dodge. COUNCILMAN ORLANDO: Do you want it? COUNCILMAN KRUPSKI: We have a buyer. MS. DOMENICI: No, thank you. The reason why I am questioning this is because you are saying this equipment is declared to be destroyed. Is there not a way to donate it and, I don't know, do you guys pay taxes? The Town? I know if I donated a vehicle I could write it off on my taxes. Is that something that the town could consider doing? Whether you write if off on your taxes if you donate it. SUPERVISOR RUSSELL: We don't. First, is this a police vehicle? COUNCILMAN KRUPSKI: Highway. SUPERVISOR RUSSELL: First of all, usually the, one of the problems is we would have to declare it surplus anyway to even donate it. Secondly, we haven't really found takers in the past February 23, 2010 Page 3 Southold Town Board Meeting Minutes for these vehicles because we get so much mileage out of them and there is just really, by the time we are done using them, there is nothing left of them. Also, we don't really need the tax write off, as we are not a corporation. Public municipality. And if you know any willing takers, by all means. But generally speaking, the best course of action is to salvage whatever we can from it by accepting, offering it up for sale. COUNCILMAN ORLANDO: Well, it is 22 years old. I am sure it has a ton of miles on it, so to donate it is not fair to someone .... SUPERVISOR RUSSELL: I don't have an income stream to deduct that from. In other words, I don't have income .... MS. DOMENICI: So if you could drive it to a junkyard, you don't get any money for that? SUPERVISOR RUSSELL: Well, the junkyard will come out and get it and bid on it but we have to declare it as surplus before we can sell it. MS. DOMENICI: Okay, I was just wondering. I was just looking for a little .... SUPERVISOR RUSSELL: We have to declare it as surplus before we can authorize bidding, to go out and see if there are some players for it. JUSTICE EVANS: We already did and it went to bid and no one took it. SUPERVISOR RUSSELL: No one took it. COUNCILMAN RULAND: It is not driveable, parts have been taken from it to keep other vehicles going. So it is a skeleton. MS. DOMENICI: Okay. Page 16, about the Town Board purchasing commercial kennel doors and drying duct booster fans and the reason why I am questioning this, isn't the kennel relatively new? COUNCILMAN TALBOT: Brand new. This is part of.... COUNCILMAN KRUPSKI: We are spending, I think the last gas bill for the month was for $2,000. Because the way it was designed, these doors, it was very inefficient to heat it or cool it, so this is an attempt to try to gain some energy efficiency down there. COUNCILMAN ORLANDO: It is a doggy door on the alternate side of the in and out access. SUPERVISOR RUSSELL: As a practical reality, we would have hoped this would have been part of the original design, that was built as a super energy efficient building. As it tums out, there are little glitches that come up. We still have the capital bond in place to pay for these but these are the little glitches that come up. The failures of design that we have to correct. February 23, 2010 Southold Town Board Meeting Minutes Page 4 MS. DOMENICI: Okay. Alright, so those are the only questions I think I had but I probably will have dozens more later on. Thank you for your time. SUPERVISOR RUSSELL: Would anyone else like to address the Town Board on the agenda items? Chris? CHRIS BAIZ: Good evening, lady and gentleman of the Board. My name is Chris Baiz, Southold. I see there is a resolution to be voted on this evening, again concerning the closure of one of our east-west arteries for a specific period of time. And I would just like to get, first of all get an idea of how the town is, or the Board is coming on their thoughts and ideas of how we deal with our two primary east-west .... COUNCILMAN ORLANDO: You are talking about for the parade? MR. BAIZ: Yeah. And I, has it always been at 2:00? COUNCILMAN KRUPSKI: Yes. COUNCILMAN TALBOT: This is about the fourth, fifth year. MR. BAIZ: Part of the reason that I bring this up is that, you know, we are a destination for people who want to get away from the rest of the five day a week humdrum of life. So to that effect, people like coming here on Saturday's and Sunday's and wherever we have a closure like during sort of the main part of an afternoon or for access for those folks and access to our, all of our opportunities out here, whether they are businesses or just sight seeing and visiting, it sort of throws a curve ball. I am going to put on my Long Island Wine council hat for a moment now and as you know, during the winter, the Wine Council along, in conjunction with the Long Island Convention and Visitors Bureau and the East End Arts Council and a number of other groups has attempted to sort of put a little vitality into the community during the winter doldrums here and once again, we have the six weekends starting with the Valentine's weekend in February, I will take my hat off now, to the virtually the first day of spring, I believe it runs till March 21 this year and on that specific day, March 13, I note that just at the Peconic Bay winery they are having one of the six musician festival opportunities at 1:00 PM in the afternoon and people are going to be precluded from getting in or out after the road closes at that time. And I don't know what the solution is but and I certainly, amongst others, would sort of like to have a round table discussion so we can figure out how we really deal with this and allow access to our visitors to our businesses and that is just one instance. But you know, when visitors who aren't going to the parade and have to go up to the North Road alias North Road from my view to get to places east of wherever there is a closure, it does create a disincentive, it does create a burden and we know how it is in the fall when we don't have parades and there are still road blockages at certain points and traffic backed up for six miles and I think maybe this is something that we need to take a more active part in in how we can deal with and resolve these situations or find other courses of action, whether it is a time change or whatever to try to better accommodate access to our north fork for our visitors and for the opporttmity that our agricultural businesses, our village February 23, 2010 Page 5 Southold Town Board Meeting Minutes businesses, our restaurants, our B&B's, and hotels and motels and what have you present to our visitors. So, if we can do something about it. COUNCILMAN TALBOT: Chris, I am going to say I am going to have to recuse myself on this one because I am member of the Cutchogue fire department but .... MR. BAIZ: I used to be a director of the North Fork Chamber of Commerce. COUNCILMAN TALBOT: Well, that, I was going to say that it has been, I have participated in it the last few years and part of that group, the group that did start it was the North Fork Chamber of Commerce with the intention, I think, to bring some people out just like as you are saying, as a destination. To come out to Cutchogue, I think they have seen the Westhampton parade and Hampton Bays now has a pretty big one. The road doesn't get closed I think until almost five minutes of two (1:55 PM) at the start and it is a pretty quick parade because it is not that well attended and it is typically only about half an hour and then the road is open again. I don't think a bad idea, maybe, is to if you put it earlier in the day. SUPERVISOR RUSSELL: I would actually ask you to reach out as the Wine Council, I know the North Fork Chamber, I go to the meetings from time to time, they are very well represented by winery owners but perhaps a discussion, you raised, certainly, a valid point. And maybe we can broker through our group that we have established here, which is the Promotion Bureau, to get these groups together. To get something, so that it is something that would work for everybody. MR. BAIZ: Yeah. I think we have got to make it work. I mean, for instance, the response when the calls went out to the groups of musicians to perform at the winter Jazz on the Vine Winterfest this year, the people who sorted that all out and it was outside the purview of the Wine Council, it was more LICBB and East End Arts Council, they had 250 submissions of musicians and groups and we could only select 60. And you know, I .... COUNCILMAN TALBOT: I actually think it is a good thing that you know, if the Supervisor said, work out through the Council and North Fork Chamber of Commerce, makes it better for everybody. MR. BAIZ: And all the groups that are involved. COUNCILMAN TALBOT: Sure. MR. BAIZ: Because it is not just the Chamber or the Wine Council, it is the East End Arts Council, it is the various B&B associations and if the restaurants have an association, you know, it is everybody and we want to make it all work for everybody if we want to have the parades but .... COUNCILMAN TALBOT: Yeah. Keep it in mind, everybody else's day. February 23, 2010 Page 6 Southold Town Board Meeting Minutes o o MR. BAIZ: At the time of the day or whatever, because we certainly don't want to dissuade that but you know, we get a couple of thousand cars out here extra, every Saturday and Sunday in the wintertime fight now as a result of the various activities that are going on and to sort of come half way out the fork and all of a sudden start having to go around the block, shall we say, creates hindrance. COUNCILMAN KRUPSKI: I thought you were coming to ask us to move St. Patrick's day. MR. BAIZ: Thanks a lot, guys. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the agenda? (No response) Okay, let's move forward. I. Reports Justice Rudolph H. Bruer January 2010 Board of Trustees January 2010 Building Department January 2010 Program for the Disabled January 2010 Department of Public Works January 2010 Town Clerk Quarterly - 3rd and 4th quarter 2009 Semi-Annual - 2nd half 2009 Annual - 2009 Zoning Board of Appeals January 2010 Justice William H. Price Jr. January 2010 Justice Evans Monthly Report January 2010 February 23, 2010 Southold Town Board Meeting Minutes 10. Special Projects Coordinator Monthly Report January 2010 II. Public Notices 1. N Y S D E C Notice of Incomplete Application Town of Southold, Long Creek-Hashamomuck Pond Drainage Project 2. NYS Liquor License Renewal R J Heaney Inc. d/b/a Skippers, 4545 Route 25, Greenport J. Petrolelli Wine Cellars LLL, Raphael, 39390 Main Rd., Peconic Johnnies Cutchogue Diner Inc, d/b/a Cutchogue Diner, 27850 Main Rd., Cutchogue Fishers Island Country Club, Inc., Beach House, Fishers Island Fishers Island Country Club, Inc., Club House, Fishers Island 3. N Y Metropolitan Transportation Council Program, Finance and Administration Comm. Mtg 2/18/10 4. Suffolk County Dept. of Planning Riverhead Town - Amendment to Temporary Special Event Sign III. Communications IV. Discussion 1. 9:00 A.M. - John Cushman & Rob Posner (AVZ) 2008 Audit 2. 9:45 A.M.- Phillip Beltz, Heather Lanza, Mark Terry Comprehensive Plan Update 3. 10:00 A.M. - Stephen Jones, SCWA Browns Hills 4. 10:30 A.M. - Peter Harris Road Subcontractors Oversight 5. Stewardship of Lands - Role of Land Preservation Committee - Role of DPW - Plan to Move Forward Page 7 February 23, 2010 Page 8 Southold Town Board Meeting Minutes 6. Resolution in Support of Renaming the County Park Surrounding Dam Pond for Ruth Oliva 7. 2010 Summer Intern Request 8. Resolution in Opposition to Severe Cuts in the NYS EPF 9. PI Drainage Engineering Proposal 10. Public Access to Laserfiche/Updates to Website 11. "No Passing on Right" Signs 12. Home Rule Request - S.4374/A.7728 An Act in relation to authorizing the Town of Southold, County of Suffolk, to discontinue the use of certain lands as parklands 13. Home Rule Request - S.3181A/A.6734A An Act to amend the general municipal law, in relation to creating the Peconic Bay Regional Transportation Council; and providing for the repeal of such provisions upon expiration thereof. 14. Home Rule S.6774/A.9861 An Act authorizing an advisory non-binding referendum in the Towns of East Hampton, Riverhead, Shelter Island, Southampton and Southold in the County of Suffolk on the creation of the Peconic Bay Regional Transportation Authority to replace the MTA 15. Local Law/Knockdown-Renovation to be referred to Code Committee 16. Local Law/Amendments to Use Regulations for Accessory Aparts to be referred to Code Committee 17. Committees Vacancies and appointments 18. Recommendations/Input from Committees 19. Referrals to Committees Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, January 19, 2010 February 23, 2010 Page 9 Southold Town Board Meeting Minutes Yes/Aye No/Nay Abstain Absent William Ruland Voter [] [] [] [] [] Accepted Vincent Orlando Vot~ [] [] [] [] [] Accepted as Amended ChristpPher Ta bo~ Voter i ~ [] [] [] [] Tabled 6!~ ~psk Jr 5~onder ~ 13 [3 [3 Louisa P. Evans Initiator [] [] [] [] Scott Russell Voter g~ VI VI [3 RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, February 02, 2010 ~es!Ay~ : No/Nay Abstain Absent William Ruland Voter [] [] [] [] [] Accepted Vincent Orlando Voter [] [] [] [] [] [] [] [] Accepted as Amended c~st0pher Taibpt Vgtff [] [] Tabled Albert Krup~ki Jr. ~qml~ ~ [3 [3 [] Louisa P. Evans Initiator [] [] [] [] Scott RusselI Voter : VI ~ [3 V. Resolutions 2010-162 CA TEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated February 23~ 2010. [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Abse0t [] Defeated [] [] [] [] William Ruland Voter [] Tabled Vincent orlando Voter [] [3 [] VI [] Withdrawn [] Supervisoes Appt C~s[opber T~!bO~ Seconder [] [3 0 [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] Louisa P. Evans Initiator : [] ~ [] [] [] Rescinded [] ~ i [3 ~ [] Town Clerk's Appt Scott Russell Voter [] Supt Hgwys Appt 2010-163 CA TEGOR Y: DEPARTMENT: Set Meeting Town Clerk Set Next Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, March 9, 2010 at the Southold Town Hall, Southold, New York at 4:30 P. M.. February 23, 2010 Page 10 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended ~A~e No/Nay Abstain Absent [] Defeated William Ruland Voter [] F1 rl Fl [] Tabled Vincent Orlando Voter ~ ~1 ~ [] [] Withdrawn c~toph~ Talboi ~ec~der ~n ~ ~ [] [] Supervisor's Appt [] Tax Receiver's Appt Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] Supt Hswys Appt 2010-164 CATEGOR~ DEPARTMENT: Contracts, Lease & Agreements Community Development 2010 Shellfish Program Fiscal Impact: 2010 Shellfish Program at the Cornell Cooperative Extension Shellfish Hatchery at Cedar Beach, Southold RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement with Cornell Cooperative Extension in connection with the 2010 Southold Town Shellfish Program in the amount of $18,000 for the term January 1. 2010 through December 31, 2010, all in accordance with the approval of the Town Attorney. ~' Vo~i~R~/ord~ R~solution R~S-2010-164 ' [] Adopted [] Adopted as Pd~ended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn Christopher Ta bot Voter [] [3 [] [] Supervisor's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-165 CATEGOR~ DEPARTMENT: Employment - Town Trustees Wage Increase Fiscal Impact: Request for hourly wage increase for Town Pump-Out Boat Operators in order to attract viable employees. RESOLVED that the Town Board of the Town of Southold hereby increases the wage for Seasonal Pump-Out Boat Operators for the Trustees at a rate of $16.00 per hour, effective February 23, 2010 Page 11 Southold Town Board Meeting Minutes March 1, 2010. [] Adopted [] Adopted as Amended No/Nay Abst~!n Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled ~incent Orlando tniii~t6r ~ [] m [] [] Withdrawn ~toph~ 'r~l~t ~ot~ Z [] D ~ [] Supervisor's Appt ~i~ ~ki JL $~o~ ~1 vi El ~ [] Tax Receives Appt ~ Louisa P. Evans Voter VI [] r~ [] Rescinded Voter [] Town Clerk's Appt Scott Russell ~ [] [] [] [] Supt Hgwys Appt 2010-166 CATEGORY: DEPARTMENT: Budget Modification Accounting Budget Modification for Independent Audit Fiscal Impact: Provide appropriation for audit of 2009 deferred compensation plan. RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2010 budget as follows: From: A. 1990.4.100.100 Unallocated Contingencies $10,500 To: A.1320.4.500.300 Independent Auditing $10,500 IZ Adopted [] Adopted as Amended Ye?/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orland0 Seconder gl [] [] [] [] Withdrawn [] [] [] [] Christopher Talbot Voter [] Supervisoffs Appt [] Xax Receivees Appt 6!~ ~PS~! Jr- tn!~!~s? ~ [] [] rl [] Rescinded Louisa P. Evans Voter ~1 [] [] [] [] Town Clerk's Appt Scott Russell Voter ~ [] [] [] [] Supt Hgwys Appt 2010-167 CA TEGORY: Advertise DEPARTMENT: Trustees Advertise for Seasonal Pump-Out Boat Operators RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for two {2) weeks in the Suffolk Times and the New London Da,y February 23, 2010 Page 12 Southold Town Board Meeting Minutes on March 25~ 2010 and on April 1~ 2010 for Pump-Out Boat Operators~ under the supervision of the Board of Trustees~ on a seasonal part-time basis starting May 21, 2010 through and including October 11~ 2010 at a salary, of $16.00 per hour. [Z Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent · [] Defeated W a~Ru~and Seconder [] ~ [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn ~i~i~ ~( i Vot~ {'q iila Iq [] Supervisor's Appt A!b~ Krup~k! ~[, yp~ ~ [] [] [3 [] Tax Receiver's Appt [] Rescinded Louisa p. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt Comments regarding resolution 11167 COUNCILMAN TALBOT: I would just like to mention on that, if you know anybody that has, it is a nice job for somebody, these pump out boats. And it is much needed for the area here. So ~ anybod~ ~ !m~ested~ cert~!~!~ ~t involved 2010-168 C~TEGOR~ DEPARTMENT: Attend Seminar Police Dept Grant Permission to Police Officer Hudock to Attend the State of New York Juvenile Officers Association Quarterly Meeting 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~ March 4th through Friday~ March 5t~ 2010 in Syracuse~ New York. All expenses for travel and miscellaneous expenses to be a legal charge to the 2010 Juvenile Aid Budget line- A.3157.4.600.200. Travel to be by Depattment vehicle. Vote Record - Resolution RE8-2010-168 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled [] [] [] [] Vincent Orlando Voter [] Withdrawn [] [] [] [] Christopher Talbot Initiator [] Supervisor's Appt [] [] [] [] Albert Kmpski Jr. Voter [] Tax Receivers Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Voter [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt 2010-169 CA TEGOR Y: DEPARTMENT: Close/Use Town Roads Town Clerk February 23, 2010 Page 13 Southold Town Board Meeting Minutes Grant Permission to the North Fork Chamber of Commerce and Cutchogue Fire Department to Use Certain Roads for Its Annual St. Patrick's Day Parade in Cutchogue, on Saturday, March 13, 2010 Fiscal Impact: Total Police Department Cost for Event = $398.56 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the North Fork Chamber of Commerce and Cutchogue Fire Department to use the following route: beginning at Cox Lane and using Eugene's Road as a staging area~ west on Main Road to Cases Lane[ ending at Village Green, for its Annual St. Patrick's Day Parade in Cutchogue~ on Saturday, March 13, 2010 beginning at 2:00 PM, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley 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 Record-Resolution RES-2010-169 ,, [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstai~ Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] []' [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisors Appt Albert Kmpski Jr. Voter [] [] [] [] I~ Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt Comments regarding resolution #169 COUNCILMAN TALBOT: I will recuse myself on that, being a member of the fire dep~rtm~t and playi9g ~he glo~kcn~p!e! in the parede. 2010-170 CATEGORY: DEPARTMENT: Surplus Equip - Non Usable Public Works Surplus Equipment - 88 Dodge WHEREAS the Town Board of the Town of Southold received no bids on a 1988 Dodge D100 pickup, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby declares this equipment should be destroyed. February 23, 2010 Page 14 Southold Town Board Meeting Minutes [] Adopted O Adopted as Amended Yes/Aye No/Nay ~bst ai!~ ~bsent [] Defeated william Ruland Voter [] [] [3 [] [] Tabled Vincen~ Orlando Initiator [] ~ [] [] [] withar~w~ 0 n ~ Christopher Talbot Voter [] Supervisor's Appt Al'om Kmpski Jr. S~:0nder ~ [] ~ [] Tax R~eiver's Appt Louisa P. Evans Voter [] [] [] [] [] R~s~inded ~ [] i ~ V1 [] Town Cl~rk's Appt Scott Rusa¢ll Voter [] Supt Hgwys Appt 2010-171 CA TE GO R Y: DEPARTMENT: Attend Seminar Town Attorney ATA to Attend Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Assistant Town Attorney~ Lori M. Hulse~ to attend the seminar entitled "Effective Legal Writing" at the Suffolk Count. Bar Association Center in Hauppauge~ New Yorlq on March 10~ 2010. All expenses for registration and travel are to be a charge to the 2010 Town Attorney budget. ~' V~ll~c~t~~- Re~ol uti0n RES-2010-171 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated [] [] [] [] Wil!!am Ruland Voter [] Tabled Vincent Orlando Seconder : [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supeawisor's Appt Albert Krupski Jr. Initiator [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Voter [] Tovm Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt 2010-172 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the Suffolk Bicycle Riders' Association to Use Certain Roads for Their Annual Bike - Boat - Bike Event on Sunday, June 6, 2010 Fiscal Impact: Total Department Cost for Event = $15.22 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Suffolk Bicycle Riders' Association to use the following Town Roads for their Annual Bike - Boat - Bike event on Sunday~ June 6~ 2010~ beginning at 7:00 a.m., provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as an additional insured, provide remuneration of expenses of $16 and a $500 deposit for event clean up (deposit retumed upon recommendation of Capt. Flatley) and contact Captain February 23, 2010 Page 15 Southold Town Board Meeting Minutes Flatley, upon receipt of this approval, to coordinate traffic control: Main Road, New Suffolk Avenue, Grathwohl Road, Route 48, Albertson Lane, Mill Road, Soundview Road, Soundview Road Ext., Lighthouse Road, Moores Lane, Albertson Lane, Youngs Avenue, Calves Neck Road, Hill Road, Wells Road, Oaklawn Avenue, Jockey Creek Drive, Ackerly Pond Lane, North Bayview Road, Main Bayview Road, Cedar Avenue, Cedar Beach Road, Bridge Lane, Oregon Road, Wickham Avenue, Westphalia Road, Sound Avenue, and Factory Avenue. Support is for this year only as the Town Board continues to evaluate the use of town roads. ,f Vote ll.ecord- ReSOlution RES-2010-172 , , [] Adopted [] Adopted as Amended : Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] 13 [] Tabled Vincent Orlando ' Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Initiator [] [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 14. Comments regarding resolution # 172 JUSTICE EVANS: This is not closing the roads, it is simply using the roads. 2010-173 CATEGORY: DEPARTMENT: Budget Modification Police Dept Budget Modification- Police Department Fiscal Impact: To appropriate funds for a marine electronics package for the Bay Constable boat. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Whole Town budget as follows: From: A.3130.2.400.375 A.3130.4.100.200 Chart Plotter Gasoline & Oil $2000.00 5550.00 TotalS7550.00 To~: A.3130.2.400.250 Radar $7550.00 February 23, 2010 Page 16 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended Yes/Aye N0/N~y Abstain Ab~nt [] Defeated ~ WilliaTM R~ia~a Voter [] [] [3 [] Tabled ~ ~ Vincent Orlando Voter [] Withdrawn C~toph~ T~i~t ~iiiai;i ~ ~ n ~ [] Supervisor's Appt ~!b~ ~ps~ j.r .V~t~ ~ [] [] [] [] Tax Recelve~s Appt Louisa P. Evans Seconder [] [] ~ n [] Rescinded [] Town Clerk's Appt Scott Russeii Vot~ ~ ~ Fl ~ ~ U1 Supt Hgwys Appt 2010-174 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification- Police Department Fiscal Impact: Police Officer request for pay for vacation time. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Whole Town budget as follows: From: A. 1990.4.100.200 To: A.3120.1.100.300 Contingent, Police Reserve $2,286 Police, P.S., Vacation Earnings $2,286 ,,' VoteRee0rd ~ Re~lutl~n RES-20 t0-174 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Initiator I~ [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn Christopher Talbot ~, Voter [] [] [] [] Supexvisor's Appt Albert Krupski Jr. Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Re~clnded [] · [] [] [] [] Town Clerk's Appt Scott Russell Voter [] Supt Hgwys Appt 2010-175 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification- Police Department Fiscal Impact: To appropriate funds for a vacation pay request from a Police Officer. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General February 23, 2010 Southold Town Board Meeting Minutes Page 17 Fund Whole Town budget as follows: From: A. 1990.4.100.200 To: A.3120.1.100.300 Contingent, Police Reserve $4882 Police, P.S., Vacation Earnings $4882 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] E1 [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albe~t Kmpski Jr. Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-176 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Recreation Hire Spring 2010 Recreation Program Instructors RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement with the following individuals and businesses for the Spring 2010 Recreation programs, all in accordance with the approval of the Town Attorney. Funding for the instructors listed below has been budgeted for in the Recreation Department's 2010 instructor line A7020.4.500.420. Antoinette Beck-Witt (drawing class) ........................................... Linda Berger (watercolor) ........................................................... Sara Bloom (memoir writing) ....................................................... Thomas Boucher (guitar) ............................................................. Constance Case (Quilting) ......................................................... Eugenia Cherouski (folk dancing) ............................................... Paula Croteau (cooking & baking classes) ............................ Mary Dempsey (English as a second language) .......................... Lenora Dome (belly dancing) .................................................... Martha Eagle (Aerobics/Pilates/YogaJPower Stretching) ............ East End Insurance Services (Defensive Driving) ..................... Dan Gebbia (dog obedience) ..................................................... Denise Gillies (Tai Chi) .................................................. Christine Henson Thorp (Crochet Class) .............................. Dawn Ivans (handmade greeting cards) ............................. Rosemary Martilotta (yoga classes) ................................... Judy McCleery (Digital Photography) ................................. $30/hour $30/hour $30/hour $30/hour $30/hour $30/hour $30/hour $30/hour $30gaour $30/hour $30/person $70/dog $30/hour $30/hour $30/hour $55/class $30/hour February 23, 2010 Page 18 Southold Town Board Meeting Minutes Tom McGunnigle (basic golf) ............................................. Darren Mignone (Hula Hoop Fitness Program) .................... Sue Mulholland (bridge lessons) ................................................ Riverside Gymnastics (gymnastics program) ....................... Laurie Short (aerobics classes) ................................................... Steve Smith (Weight Training) ..................................................... Gail Starkie (acrylic painting) ....................................................... Kathleen Tergesen (Girls Basketball Program) ................... Barbara Terranova (Tennis lessons) ................................ Angela Tondo (Mommy & Me) ................................................... Touch Dancing Studios (ballroom dancing) ........................... Kendra Wadlington (beginner computer) ................................... $50/person $30/hour $30/hour $50/person $30/hour $30/hour $30/hour $15/hour $30/hour $30/hour $65/person $30/hour [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Aba~t [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando Voter [] [3 [] [] [] Withdrawn gl 13 El i3 Christopher Talbot Voter [] Supervisor's Appt Albert Kmpski jr' [] [][] TaXRescindedReceivex's Appt Louisa P. Evans Voter ~ [] [] [3 [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-177 CATEGOR~ DEPARTMENT: Authorize to Bid Town Clerk MSW Transport and Dispose Bid RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the Transportation and Disposal of Municipal Solid Waste (MSW) from the Cutchogue Transfer Station, in accordance with specifications provided by the Solid Waste Coordinator. Vote lll~ord ~/R~olatlon R~S-2010-177 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder I~ [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-178 CATEGOR~ DEPARTMENT: Budget Modification Town Attorney February 23, 2010 Page 19 Southold Town Board Meeting Minutes Rescind Resolution No. 2010-137 Fiscal Impact: rescinding this resolution due to the fact that it is a duplicate RESOLVED that the Town Board of the Town of Southold hereby rescinds Resolution No. 2010-137 in its entirety~ due to the fact that it is a duplication~ as follows: RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2009 budget as follows: TO: A.1420.1.200.100 Town Attorney, Part-Time.Regular Eamings $13,810 A.1420.4.100.100 Town Attorney, Office Supplies 134 A.1420.4.600.600 Town Attomey, Dues and Subscriptions 538 Total $14,428 FROM: A. 1420.4.500.100 Town Attorney, Legal Counsel $13,810 A.1420.4.600.200 Town Attomey, Meetings and Seminars 672 Total $14,428" Vote Record - Resolution RES-2010-178 ,,, [] Adopted [] Adopted as Amended ~ Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter ~ [] [] [] [] Tabled Vincent Orlando ' Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-179 CA TEGORY: DEPARTMENT: Employment - Town Town Attorney Memorandum of Agreement W/CSEA RESOLVED that the Town Board of the Town of Southold hereby approves the Memorandum of Agreement between the Town of Southold and the CSEA dated November 12~ 2009, conceming the settlement of Grievance No. 2009-021. Febmary 23, 2010 Page 20 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended } Yes/Aye No/Nay Abstain Absent [] Defeated ~!ll!a~ Ruland In!tiator [~ [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] With&awn C~topher ~al~t ~pter [] [] [] [] [] Supervisor's Appt ~!~ ~p~k! ~r: ~o[~ [~ [] [] [] [] Tax Receiver's Appt [] Rescinded Lon!sa p. Eyans Voter [~ [] [] El [] To-am Clerk's Appt Scott Russell , Voter [] [] [] [] [] Supt Hgwys Appt 2010-180 C,4 TEGOR Y: Advertise DEPARTMENT: Police Dept Advertise for Seasonal Police Officers for the 2011 Season RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for {2} weeks for Seasonal Police Officers for the 2011 summer season. Attendance at the Suffolk County Police Academy for training to commence in the fall of 2010. Applications must be received by Friday, March 19, 2010. v' VoteReeOrd .Resolut on RES-2010-1S0 . ~1 Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn Chris opher Talbot Voter [] [] [] [] [] Supecvisot's Appt .... [] Tax Receiver's Appt Albert Krupski Jr: Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-181 CATEGOR~ DEPARTMENT: Budget Modification Public Works Southold Recreation Center Fiscal Impact: Transfer Park & Playgrounds Funds for improvements to a recreational facility RESOLVED that the Town Board of the Town of Southold hereby increases the General Fund 2010 budget as follows: Revenues: A.2025.00 Appropriations: A. 1620.2.500.975 Special Recreation Facility $6,000 Recreation Center Improvements $6,000 February 23, 2010 Page 21 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended : Yes/Aye No/Nay Ab~tain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] ' [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albe~t Kmpski Jr. ln!tiator · [] [] [] [] [] Tax Receivex's Appt [] Rescinded Louisa P' Evans Voter · ~ [] · [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-182 CATEGOR~ DEPARTMENT: Authorize Payment Public Works Animal Shelter Improvements RESOLVED that the Town Board of the Town of Southold hereby authorize the purchase of (24} commercial kennel doors, (2) dryer duct booster fans and (2) secondary, lint catch devices~ as part of the Southoid Animal Shelter Improvement Project (H.3510.2.100.100} for a total not to exceed $9~500. [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Tabled Vincent Orlando Vo~er [] [] [] [] [] Supervisor's Appt A!b~ Krop~ Jr. VpWr ~ El [3 [] Supt Hswys Appt 2010-183 CATEGORY: DEPARTMENT: Employment - Town Town Attorney Memorandum of Agreement W/CSEA Dtd. 1/22/10 RESOLVED that the Town Board of the Town of Southold hereby approves the Memorandum of Agreement between the Town of Southoid and the CSEA dated January. 22~ 2010, concerning the settlement of Grievance No. 2009-012. February 23, 2010 Page 22 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended Y~Ye No/Nay Abstain Absent [] Defeated William Ruland Voter ga [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn C~oph~ ~ai~t ~it{~tor ~ ~ ~ ~ [] Supervisor's Appt [] Tax Receivegs Appt ~lb~ ~pski Jr. ~p[~ ~ [] ~ [2] Louisa P. Evans Seconder [] [] [] [] [] Rescinded Vbi~ re [] Fl ~ [] Town Clerk's Appt Scott Russell [] Supt H~3vys Appt 2010-184 CA TE GO R Y: DEPARTMENT: Employment - Town Police Dept Hire Seasonal Police Officers RESOLVED that the Town Board of the Town of Southold hereby appoints John Crosser and Robert Haase~ Jr~ to the position of Seasonal Police Officers for the Southold Town Police Department, effective immediately, at a rate of $19.24 per hour. [] Adopted [] Adopted as Amended Y~s(AY~ NeA~Ia~ Abstain Ab~e~t [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando VOter [] [] [] [] [] Withdrawn ~hristopher Talbot Voter [] [] [] [] [] Supervisor's Appt 6ib~ ~p~k! Jr. yg;er ~ [] 13 ~ [] Tax Receiver's Appt Louisa P. Evans Seconder [] [] : [] El [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-185 CATEGORY: DEPARTMENT: Employment - Town Police Dept Place Seasonal Police Officers on Leave of Absence RESOLVED that the Town Board of the Town of Southold hereby immediately places Seasonal Police Officers John Crosser and Robert Haase~ Jr. on a leave of absence, Dendin~ further action by the Town Board prior to the start of the 2010 season. [] Adopted [] Adopted as Amended Yes/A~e No/N~y Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn Christopher Ta!bot Voter [] [] ~ FI [] Supervisors Appt Albert Krupski Jr. ~c~Pnd~ ~ ~ Fl [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded re D D Fl [] Town Clerk's Appt Scott Russell Voter [] Supt Hgwys Appt February 23, 2010 Page 23 Southold Town Board Meeting Minutes 2010-186 CATEGORY: DEPARTMENT: Committee Resignation Town Attomey FI Waste Management District Commissioner Vacancy RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Richard Ahman from the Fishers Island Waste Management District Board of Corami~sioners~ effective February 28~ 2010~ and hereby directs the Fishers Island Waste Management District Board of Commissioners to seek out and interview candidates for the resulting vacancy on the Board of Commissioners, and to make a recommendation to the Town Board on an appointment to fill said vacancy. ~' 5rote R~ord - Re~olation RES-2010-186 ~ Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [3 Defeated William Ruland Seconder [~ [] [] . [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Ta bot Voter [] [] [] [] [] Supervisors Appt Albert Kmpski Jr. Initiator [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] ~3 * [] [] [] Town Clerk's Appt [] Supt Hgwys Appt 2010-187 CATEGOR~ DEPARTMENT: Home Rule Request Town Clerk Request the Enactment of Senate Bill S. 3181A and Assembly Bill A. 6743A Entitled "AN ACT to Amend the General Municipal Law, in Relation to Creattng the Peconic Bay Regional Transportation Counc'l" WHEREAS, a bill has been introduced in the State Legislature as Senate Bill S.3181A and Assembly Bill A.6743A and WHEREAS, the bill would create the Peconic Bay Regional Transportation Council; this council would coordinate a proposal for the development of an improved public transit system for the region; now, therefore, be it RESOLVED that pursuant to Article IX of the Constitution, the Town Board of the Town of Southold hereby requests the enactment of Senate Bill S.3181A and Assembly Bill A.6743A entitled "AN ACT to amend the general municipal law~ in relation to creating the Peconic Bay regional transportation council[ and providing for the repeal of such provisions upon expiration thereof". February 23, 2010 Page 24 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Ameaded Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Ctuistopher Talbot Seconder [] [] [] [] [] Sup~-visor's Appt Albert Kmpski Jr. Vote~ [] ~ [] ~ [3 []_ [] Tax Receiver's Appt Louisa P. Evans Initiator [] [] [] [] [] Rescinded Voter [] Town Clerk's Appt Scott Russell [] [] · [3 [] [] Supt Hgwys Appt Comments regarding resolution # 187 COUNCILMAN KRUPSKI: Reluctantly I vote on this. for years I have been not voting for any kind of new regional transportation authority because I don't think it was in the best interest of our town. However, in light of what is going on with the MTA recently, I think times have changed and it is better to, as Councilman Ruland put it, leave no stone unturned. COUNCILMAN RULAND: I agree with you, Albert. Although it is caucus: 2010-188 CATEGOR~ DEPARTMENT: Home Rule Request Town Clerk Request the Enactment of Senate Bill S. 6774 and Assembly Bill A.9861 Entitled "AN ACT Authorizing an Advisory, Non-Binding Referendum in the Towns of East Hampton, Riverhead, Shelter Island, Southampton and Southold in the County of Suffolk on the Creation of the Peconic Bay Regional Transportation Authority to Replace the Metropolitan Transportation Authority". WHEREAS, a bill has been introduced in the State Legislature as Senate Bill S.6774 and Assembly Bill A.9861 and WHEREAS, the bill seeks to authorize an advisory, non-binding referendum in the towns of East Hampton, Riverhead, Shelter Island, Southampton and Southold on the creation of the Peconic Bay Regional Transportation Authority (RTA) to replace the Metropolitan Transpmtation Authority (MTA); now, therefore be it RESOLVED that pursuant to Article IX of the Constitution, the Town Board of the Town of Southold hereby requests the enactment of Senate Bill S.6774 and Assembly Bill A.9861 entitled "AN ACT authorizing an advisor,y~ non-binding referendum in the towns of East Hampton~ Riverhead~ Shelter Island~ Southampton and Southold in the county of Suffolk on the creation of the Peconic Bay Regional Transportation Authority to replace the Metropolitan Transportation Authority" [] Adopted [] Adopted as Amended Yes/Aye Nh/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando V0~er [] F1 [] [] [] Withdrawn ~to~her T~i~ Iniiiat0~ El [] El [] Supecvisot's Appt [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [3 [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] I~ Town Clerk's Appt Scott Russell Voter [] F1 [] [] [] Supt Hgwys Appt February 23, 2010 Page 25 Southold Town Board Meeting Minutes Comments regarding resolution # 188 SUPERVISOR RUSSELL: I just want to clarify, I echo Albert's sentiments. I think people need to understand that we as a region, the five east end towns, contribute $60 million a year to the MTA and in return, plus a MTA tax a new MTA tax, in return we got two trains a day, that was just proposed to be no trains a day. COUNCILMAN RULAND: I was thinking whether I wanted to say anything but for those of us that are maybe older than some of you, that whole acronym reminds me of a song when we were much younger about the guy on the transit to Boston. 2010-189 CATEGOR~ DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes Supervisor Scott A. Russell to Retain Cashin Associates, P.C. to Provide Professional Engineering and Bid Phase Services in Connection with the Fishers Island Road and Stormwater Improvement Project RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to retain Cashin Associates~ P.C. to provide professional engineering and bid phase services in connection with the Fishers Island Road and Stormwater Improvement Pro[ect, in accordance with their Proposal dated February 22, 2010, at a cost not to exceed $36,500.00, subject to the approval of the Town Attorney. [] Adopted [] Adopted as Amended Yes(Aye No/Nay Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisors Appt A!be~ ~P~k! lr~ ~o~er ~ ~ [] [] [] Tax Roceiver's Appt [] Rescinded Louisa P. Evans Voter [] : [] [] [] [] Town Clerk's App! Scott Russell Voter [] [] [] [] [] Supt Hgw-/s Appt 2010-190 CATEGOR~ DEPARTMENT: Misc. Public Hearing Town Attorney Amend Water Map/Browns Hills WHEREAS, the Town Board of the Town of Southold has previously adopted the "Southold Water Supply Plan Map" which shows the areas of existing and proposed water mains in the Town; and February 23, 2010 Page 26 Southold Town Board Meeting Minutes WHEREAS, the Town Board has been asked to amend the Southold Water Supply Plan Map to include the extension of a water transmission main to the Browns Hills subdivision in Orient; and WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 23ra day of February, 2010, a Local Law entitled "A Local Law to Amend the Town of Southold Water Supply Plan Map Extending a Water Transmission Main to the Browns Hills Subdivision in Orient" 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 6th day of April, 2010 at 5:30 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law to Amend the Town of Southold Water Supply Plan Map Extending a Water Transmission Main to the Browns Hills Subdivision in Orient" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law to Amend the Town of Southold Water Supply Plan Map Extending a Water Transmission Main to the Browns Hills Subdivision in Orient ". BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1. Legislative Intent. This Local Law proposes to amend the Town of Southold Water Supply Plan Map to include the extension of a water transmission main to the Browns Hills Subdivision. Historically, the Water Supply Plan Map reflects the physical changes in the water supply network since 2000. The Suffolk County Water Authority and Suffolk County Department of Health Services have represented to the Town that the groundwater quality of existing wells supplying the Browns Hills area are inadequate and pose a significant concern that requires the extension of public water to the area. The extension of the transmission main is intended to supply existing development only and is not intended to result in additional development pressure in the area. Section 2. Enactment. Based on the goals of the Suffolk County Water Authority and Suffolk County Department of Health Services to provide safe drinking water to the Browns Hills Subdivision, and upon our consideration of the recommendation of the Suffolk County Water Authority and the Suffolk County Department of Health Services, the environmental .consultant retained by the Town and the public comments taken at the public hearing, we hereby amend the Town of Southold Water Supply Plan Map to include the extension of a water transmission main to the February 23, 2010 Page 27 Southold Town Board Meeting Minutes Browns Hills Subdivision. Section 3. The Southold Water Supply Plan Map as adopted by Resolution No. 31 on June 20, 2000 by the Town Board, and most recently amended by Resolution No. 2007-603, is hereby amended to reflect the extension of a water transmission main to the Browns Hills Subdivision. Section 4. 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. Section 5. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record- Resolution RES-2010-190 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] Voter [] Town Clerk's Appt Scott Russell [] [] [] r~ [] Supt Hgwys Appt 2010-191 CATEGORY: Support/Non-Support Resolution DEPARTMENT: Town Attorney Support Restoration of EPF Funds WHEREAS, the Environmental Protection Fund ("EPF") was created in 1993 as New York State's permanent, dedicated environmental investment fund to provide the State's residents with clean water, clean air, parks and open spaces and to protect New York's quality of life; and WHEREAS, the State Fiscal Year ("SFY") 2010-11 Executive Budget proposal cuts the EPF by 35% from the last fiscal year and 52% from the $300 million required under the EPF Enhancement Act (Chapter 258 of the Laws of 2007);'and WHEREAS, almost $500 million has been diverted from the EPF for non-environmental programs since the Fund's creation; and February 23, 2010 Page 28 Southold Town Board Meeting Minutes WHEREAS, the New York State Open Space Plan identifies the need for the conservation of 25,000 acres of open space and 12,000 acres of farmland in Nassau and Suffolk Counties; and WHEREAS, investing in environmental protection on Long Island, including open space, parks and farmland protection, supports multi-billion dollar recreational, agricultural, tourism and second home industries; and WHEREAS, investing in environmental protection also serves Long Island residents by sustaining environment-related local businesses, protecting quality of life, sustaining ecological services by protection of Long Island's drinking water aquifers, surface water of its rivers, bays and harbors, and pollution reduction; and WHEREAS, the Town of Southold has relied on cost-sharing between the Town, County, State and Federal governments on many of the most critical land protection priorities over the last two decades; and WHEREAS, significant need still exists for the State to partner with local governments on a number of priority open space parcels; and WHEREAS, eliminating the Land Protection Program from the EPF will not resolve the State's budget problems, but will cause serious harm to the current and future environmental and economic health of the State; and WHEREAS, a proposed moratorium on land protection will seriously impact current local land and drinking water protection efforts at a time when land values are down and public acquisition opportunities exist; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby opposes the proposed cuts to the Environmental Protection Fund and supports the restoration of the Fund appropriation to a minimum of $222 million for SFY 2010-11 and the restoration of the Open Space/Land Acquisition Program within the EPF to a minimum of $60 million for SFY 2010-11; and BE IT FURTHER RESOLVED that the proposed moratorium on State land acquisition should be and is hereby rejected. Vote Reeord- Resolut on RIGS-2010-191 , , [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled V ncent Or ando Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] El [] [] Supervisor's Appt Albert Krupski Jr. Initiator [] [3 [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] Rescinded [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] Supt Hgwys Appt February 23, 2010 Page 29 Southold Town Board Meeting Minutes Comments regarding resolution # 191 COUNCILMAN RULAND: Mr. Supervisor, I think it should noted that the Environmental Protection Fund is funded continually by municipalities all across the state, just like ourselves but it has been raided by the legislature to put money into the black hole of death of the state instead of this dedicated fund and I think every citizen should contact the governor's office and the leadership in Albany and tell them those practices have to cease. SUPERVISOR RUSSELL: I think also people should understand it is not just about land preservation or open space acquisition, part of the fund is used for research of pesticides on breast cancer, breast cancer outreach. A lot of public health issues are meant to be supported by this, what was created as a committed fund. And it is irresponsible, to say the least, and downright dishonest to take money that was earmarked for a committed purpose and appropriate it !~q?ther uses. 2010-192 CATEGOR~ DEPARTMENT: Support/Non-Support Resolution Town Clerk Support Resolution by Suffolk County Legislature to Rename Dam Pond Maritime Reserve in East' Marion After Ruth D. Oliva WHEREAS: Legisla.ture Edward R~maine has introduced a resolution to the Suffolk County Legislature to rename Dam Pond Maritime Reserve in East Marion after Ruth D. Oliva; and WHEREAS: the Town Board of the Town of Southold unanimously supports this effort, recognizing the outstanding service Ms. Oliva provided to her community, her town and her county; and WHEREAS: Ms. Oliva worked tirelessly to promote the environment through her public service and through personal example as she lived her life, always with concern for the world and the people around her. Her government and community service showed her heart for preservation of farmland and open space and she consistently supported every initiative available to further that cause; and WHEREAS: The Town Board of the Town of Southold can think of no one more deserving of this honor than former Councilwoman Ruth D. Oliva; now, therefore be it RESOLVED: that the Town Board of the Town of Southold hereby registers its wholehearted support for the renaming of the Dam Pond Maritime Reserve after Ruth D. Oliva with deep appreciation to her for the positive difference she has made in the lives of the residents of Southold Town and Suffolk County; and be it further RESOLVED: the Southold Town Clerk is hereby directed to forward a copy of this resolution to the Legislator Edward Romaine, to the Commissioner of the Suffolk County Department of Parks, Recreation and Conservation and to the Suffolk County Legislature. February 23, 2010 Page 30 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Qiacent ~ ~d~ Q~ter [] Withdrawn [] Supervisors Appt C~StPPh~ Ta!b°t .i S~pnd? [] [~ [] ; [] [] Tax geceiver's Appt Alb~ ~p~ki Jr: vp~er Louisa P. Evans Initiator [] [] ; [] [] [] Rescinded [] Town Clerk's Appt Scott Russell [] Supt Hiwys Appt Comments regarding resolution # 192 JUSTICE EVANS: We have one more resolution that we spoke about today somehow it didn't make on the agenda and I am honored to read this: renaming Dam Pond after Ruth Oliva. in work session and resolution 192 re: COUNCILMAN ORLANDO: Good for her. I was fortunate enough to sit with Ruth Oliva on the Zoning Board for four years and she was a wonderful woman and deserving of this. She is missed. Closing Statements SUPERVISOR RUSSELL: We left the Board meeting on a good note, now let's change direction because I know there are a lot of people here so something must be up. Who would like to address the Town Board first? Patricia Moore? PATRICIA MOORE: Yes, it is difficult to follow Ruth. Quite a remarkable woman. Good evening, Mr. Supervisor and Board. I am here today representing Electrical inspector's Inc. which could not be here tonight and asked that I address the Board. It has come to their attention that the Town Board is considering changing procedures for electrical inspections made in the Town of Southold and hiring a new part time employee. We would respectfully request that you reconsider this idea. There is an inherent danger in the installation and use of electrical energy, therefore, a procedure has been in our town code to my knowledge, since 1978 for electrical inspections to be performed by qualified inspection agencies. Electrical Inspectors Inc., which has been in business for 18 years, there are others here tonight, is presently authorized to conduct electrical inspections for the Town of Southold and 90 other municipal agencies. They serve municipalities throughout Suffolk and Nassau county and they are members of international association of inspectors. They are licensed by Suffolk County consumer affairs office and are members of NFPA, maintaining certifications in every discipline in the field of electrical inspectors and fire safety. Two of the owners are retired New York city firemen, their main concern is life safety and it shows in the 18 years of servicing Suffolk and Nassau county with certified electrical inspectors at no cost to the Town. It is admirable, I want to personally say certainly, that it is admirable that the Town Board is considering revenue sources, however, this can be accomplished without any carrying costs or financial liability merely by requiring the electrician or the owner to obtain an electrical permit from the Town of Southold. Once the electrical permit is issued, the electrician deals directly with the inspection company and they coordinate as many inspections as are needed. Upon completion of the inspection, the electrical inspector for example, my client, issues electrical certificates which is copied to the electrician Febmary 23, 2010 Page 31 Southold Town Board Meeting Minutes and then filed directly with the town, the building department. COUNCILMAN ORLANDO: And they are going to do this for free? MS. MOORE: This is all at no cost to the town. That is how it, it's been done in other municipalities. For example, we have ordinances... COUNCILMAN ORLANDO: At no cost to the electrician? MS. MOORE: No, of course. It is all, the owner, the owner. COUNCILMAN ORLANDO: The electrician pays for the inspection? MS. MOORE: The owner, essentially, yes. Just like any. other service, permit that is obtained. The electrician gets a permit, the electrician passes on those permits costs to the property owner. So one way or another, whether the property owner is a tax payer or property owner is a service fee, is going to pay. This procedure has been adopted by Smithtown, Malveme, Valley Stream, Freeport and other municipalities and I would be happy to provide you with their ordinance. Retaining an independent electrical inspection process, rather than a town employee, benefits the town by providing revenue to the town but more importantly, providing protection for the homeowners and property owners. Electrical Inspectors, Incorporated my client, carries $10 million of general liability insurance coverage and $3 million of errors and omissions insurance policy. In the event of an error or liability by the electrical inspection company, the property owner has recourse against the properly insured company. The company fees, the question you asked, covers the cost of insurance. That is their carrying costs. Municipal employees are indemnified by the town. If the town is sued, we as taxpayers pay for the defense and possible claim. Also, you should consider that adding electrical services to the town's responsibility may increase the town's insurance premiums and cost the taxpayers more than the revenue you hope to make. Finally, employing an electrical inspector part time may satisfy the needs during a quiet construction period. However, as the work load shrinks or expands, the employees' hours are less flexible and regulated by civil service and town employee contracts. The private inspection companies can adjust to the fluctuations in the economy and construction activity with no impact on the town's budget. We thank you for the courtesy and I have a letter prepared, which obviously I was following for the Board and we appreciate your consideration. SUPERVISOR RUSSELL: Thank you. ED SULENRICH: My name is Ed Sulenrich, I am one of the owners of East End Inspection Agency, one of your electrical inspectors for the building department. I am here before you to echo the attorney's statements by it is not a good idea and let me explain why. I paved this road. In 1992, prior to 92 I was a New York Board of Fire underwriter inspector. Also, I supervised Southold Town electrical inspections back then. In 92, I joined the municipality on the south shore of Long Island. Great idea. There were two theories in mind, financial, because I know what you are talking about, thinking about possibly making some revenue for your general fund and control. And back in 92 the industry needed control. It was a mess, okay?, there was very February 23, 2010 Page 32 Southold Town Board Meeting Minutes little licensing, control. There was no continuing inspection for inspectors, all that has changed. And I don't want to go over exactly what the attorney said also but to date, there is no three inspectors in that jurisdiction because they couldn't handle and control. They are making almost $70,000 a year, they are CSEA with all the benefits, the cars and all of the stuffthat goes along with it. Secretaries, overhead. The costs are almost $400,000 a year now to keep this department going in a township, that we all know the industry has slowed down quite a bit and we don't see this releasing for a long time. They have got themselves in a position where you might find yourselves in that position. You are looking at $50,000 to $60,000 in revenue in pe~its. You can't look at apples to apples here. You can't take the building department application that require electrical inspections and say, there are x amounts of fees for each one and that is the money we are going to make because it doesn't work that way. I am a guy that did it for the last 23 years, you have fire marshal complaints you have to go out on, you have LIPA complaints, you have fires you have to go out on. You have many, many other types of inspections that you have to deal with that now, you are solely responsible for. You can't rely on all the other companies to take care of that for you, that you can't bill. You can't bill L1PA. They only want your money,, you are not going to get money out of them. So that apples to apples, that permitting, that this is our showable costs comparative to what we are going to generate income does not work. I am telling you by standing here in front of you, I did this in 1992, I paved that road and it doesn't work that way. I would be more than happy to sit with you guys in executive session, lay it all out but when it comes down to it, you have great agencies that are out there that are highly qualified, they do a great job. They are continuing education continuously, we teach continuously for the industry and we represent you and it costs you nothing. I think our problem and I thought about this a month ago when I got this phone call, back in the 80's, I don't look that old, do I? But I am in the industry a long time. Back in the 80's, we visited the building departments, we put a face to the name and I think that is part of our problem over the last few years here in Southold Town. We haven't been, at least I haven't been coming to the building inspector and saying hey, you guys alright this week? Any questions you need? You know, I am in Southold this week, what do you need? I haven't done that and I think that is my fault, where we used to do that in the past and it kind of got away with us. And I think we have all talked about this now and we need to kind of straighten our own ships up a little bit, too. But guys, it is not what you think, it is not a money maker. The control aspect of it, I don't think you really want it, okay? it is a lot. It is a lot involved. Never mind an 18 hour a week employee. It is impossible. How do you educate this guy? How do you keep him in school? How does he go out and do complaints, which subsequently winds up violations, which subsequently winds up violations, which subsequently winds up summonses, then in court. You got to pay for that on 18 hours a week and keep the industry, town wide, happy? It is not going to happen. Not going to happen. So, I, Supervisor, you were great for driving back, thank you very much and I appreciate the time tonight. COUNCILMAN ORLANDO: Well, I thank you sir for coming and you are a businessman, seeing a business opportunity, well, we see the same opportunity sir. And we are hiring a person that has 15 years of work with Underwriters Laboratory and not only are we trying to do w hat it best for our community and our taxpayers, we are trying to streamline the process. So we have a one year trial thing that we are trying to do this. so we need to do what is best for our town and I appreciate you, as a business person, seeing an opportunity, we see the same opportunity, sir. So February 23, 2010 Page 33 Southold Town Board Meeting Minutes we have to give it a try. SUPERVISOR RUSSELL: You have given us, just so you know, on the current hiring that is on hold for a variety of reasons but I know I got an email from you weeks ago, it has been disturbed to the Town Board, you have certainly given us something to think about and have a discussion with the chief building inspector when he is back from vacation and certainly we will, you know, we hear you and we want to take a chance and evaluate everything for ourselves, so, thank you. LEROY HEYLIGER: Good evening. My name is Leroy Heliger, I live in Mattituck. I am a deacon at the Unity Baptist church on Factory Avenue in Mattituck. My pastor couldn't be here tonight but I am here on behalf of the members of the church who live on Factory Avenue, the residents who reside on Factory Avenue and pay their taxes here. They own their homes, also, members of the Cottage, Mattituck Cottages who use Factory Avenue to have egress to the Mattituck shopping plaza. There is a lot of consternation that was brought to my attention due to this article that was in December's Suffolk Times, about CVS. This was back in December. CVS annoying its neighbors, the Planning Board to reevaluate trucking flow around Mattituck pharmacy. And it goes on to say that on Route 25 and Sigsbee Road in Mattituck CVS pharmacy just isn't up to par with the aspects of their operation, their deliveries and their landscaping. Wow. We are right across the road from Sigsbee Road. We are Factory Avenue. And we have been ignored, we have been before the Board about the trucking problem we have and just this past couple of weeks when the snow storm came, trucks were parked up against the snow banks, blocking off the road, here comes an 18 wheeler making a delivery to Waldbaums, he pulls in there, he gets stuck, he can't get in, he can't out. He is rocking back and forth, he is blocking the whole highway. He is sliding all over the place. He has to use the church driveway to get pulled out. Meanwhile, cars are backed up all the way to Citgo gas station and on the other side of the railroad track. Nobody could get through. Thank god there wasn't a fire on that road or an ambulance that had to get through. The house would have burned down and the person would have probably died by the time they got there, in this article, it says here, continuing here, it says that there is also a drainage gate in the parking lot of CVS but that was never properly installed and attorney Patricia Moore, who was at the Planning Board meeting, said and every time a car drives over it, it bangs. Wow. What a problem, wait until they put that 7-11 there on the comer and the banging coming from those cars that are going to crash. Something has to be done and I want someone from the Planning Board or someone to come down there some morning between the hours of 9:00 AM and 11:00 AM and see what is going on with those trucks. Now there is a big wooded area right behind Waldbaums. The tracks, if that land was purchased, just a portion of it, the trucks could pull in there, they would be off the road and they could make a ramp that goes right down into the back of Waldaums and I don't see why that has not never been done. That land could be purchased. SUPERVISOR RUSSELL: It is actually already owned by the shopping center owner. It is, most of the woods there, the bulk of the woods are already owned by the shopping center owner. MR. HEYLIGER: The shopping center? He owns that woods? SUPERVISOR RUSSELL: Yes. February 23, 2010 Page 34 Southold Town Board Meeting Minutes MR. HEYLIGER: Well, why doesn't he make it a parking lot for the trucks so that we won't have this problem? SUPERVISOR RUSSELL: One thing we would like to do and one thing we have done so far is first of all we have appealed to the State of New York to get rid of the truck route traffic that diverts it up to Sound Avenue and then comes in the back way. Keep it on the Main Road where the downtown is. They have agreed, they will remove the signs that directs trucks to the north. Secondly, we would like to have them stay on the Main Road. I've, you know, where I have raised the concerns about that spot and quite frankly, I used to live on Sigsbee Road, I know how bad that area is and I know how bad that intersection is and all I can say is I completely understand everything you are saying. MR. HEYLIGER: See, for us it a quality of life issue also. For the residents. For the people in Mattituck Cottages who use that street to get, have access. There are baby carriages, they can't even walk in the road, I mean, they have to walk in the road. I brought this up before to the Board. I mean, it is a moral issue also. The quality of life is going to affected by this 7-11 that is being proposed to come in at that area and we know it and they know it but they don't care. Thank you. SUPERVISOR RUSSELL: Thank you. Art? ART TILLMAN: Art Tillman, Mattituck. Since I was here last year and correct me if I am wrong, the Valero station in Cutchogne applied for convenience store, part of its operation and I believe it was the Suffolk County Planning Commission voted that down. SUPERVISOR RUSSELL: Right. MR. TILLMAN: And the reason for that would too intense of a use, is that correct? SUPERVISOR RUSSELL: That is correct. MR. TILLMAN: So there is a certain logic in our opposition to the 7-11 coming to Mattituck, Factory Avenue and Main Road. By observation and I am sure this could be borne out by traffic studies, the intensity of use in traffic in that area certainly has to be greater than at the Valero station in Cutchogue. Therefore, one of the reasons why I and some of us are here, is we would like an update of what is going on regarding this 7-11 moving into the Citgo site. It has been observed, I go that gas station, that the owner is no longer buying gasoline. Evidently it cost him between $30,000 and $50,000 to fix up his tank, fill his tanks, and evidently, he must be a little bit insecure in that he doesn't want to invest that kind of money not knowing what the furore is regarding this 7-11. specifically I would like to know an update on the adequacy of the parking. I know people on the Planning Board, I heard from them that that issue still has not been settled. Also issues regarding delivery trucks that will be coming into the 7-11 and also buffers in the area. And quite honestly, I would like to know the position of members of the Town Board on the issue of 7-11 going to Mattituck. Scott, it is my understanding that you February 23, 2010 Page 35 Southold Town Board Meeting Minutes oppose it? SUPERVISOR RUSSELL: I oppose that use at that location one hundred percent. MR. TILLMAN: Would it be possible to get the feeling of the other members of the Town Board? SUPERVISOR RUSSELL: That is between you and them to ask. MR. TILLMAN: Well, then I will ask them individually. Mr. Talbot? COUNCILMAN TALBOT: If I am for or against it? MR. TILLMAN: Yes. COUNCILMAN TALBOT: Well, I think a lot of the things that you mentioned here tonight are already in front of the Planning Board and we have no say over the matter right now. If the zones had changed prior to it being proposed there, it would be a different story but being as it is right now, I would have to say that I hope that the Planning Board does the best they can for the residents of that area. Nothing more than that. MR. TILLMAN: Albert? COUNCILMAN KRUPSKI: If we had complete and total power over all these decisions, I think it would be pretty easy for the Town Board to make a decision there regarding the 7-11. But we don't. We did appoint a Planning Board. We appointed good people to the Planning Board and they should and we have a good Planning Board staff to support them and they should be able to make a good decision there. I mean, you are right, absolutely right about parking. You know, quality of life. You are going to have people squealing tires up and down Factory Avenue all night now? Instead of a business that is going to close at a reasonable hour? Absolutely, all · good concems. And they, I don't know how they could really address that. MR. TILLMAN: Ms. Evans? JUSTICE EVANS: I echo what A1 says. I don't think it is an appropriate use. I think it brings a whole lot of problems with it but it is in the Planning Board's hands right now. it is not within the purview of the Town Board to stop it and I think the Planning Board is doing what they can to create the best use site there. My understanding right now is they have made some demands and they are waiting to hear back, some of the demands have to do with buffers, which would impact their parking and at this point they haven't heard back. MR. TILLMAN: Okay. Mr. Orlando? COUNCILMAN ORLANDO: It is a tough situation. All of your concerns are absolutely right. You know, I lived in Mattituck for 10 years and I still go there, I see all the concerns with the February 23, 2010 Page 36 Southold Town Board Meeting Minutes church and the intersection there. If it was a vacant lot, it would be a no brainer, it wouldn't be there. But right know there is an existing use, as of right, this person has a convenience store and a gas station. As of right, he could put a gas station back there. He could put the Valero back there. Right now he is proposing to remove this big environmental impact. Those three 30,000 gallon tanks under the ground he is trying to get rid of and put a 7-11. They are all, it is a tough decision. It is not the greatest place for something like that but this person has a business right there, it is not a vacant lot. We are not starting from scratch, it would be a totally different situation. It is not an easy call but you know, trying to put someone out of business is not an easy call either. The Planning Board needs to do the right thing and help out here. MR. TILLMAN: Mr. Ruland? COUNCILMAN RULAND: I agree with Councilman Orlando. MR. TILLMAN: Okay. COUNCILMAN TALBOT: Art, if I may, just regarding this and Mr. Heyliger's discussion as well. I took over Mr. Wickham's position on the Transportation Committee and we haven't discussed it there yet but there was a grant that was applied for and wasn't received by the Town and it had to do with making Mattituck and some of the other hamlets in town more walker friendly. This would play into the Cottages and stuff where you can get some sidewalks down along Sound Avenue going to Love Lane, coming back down Factory Avenue so the people can walk off the street, don't have to walk in the roadway especially if there are trucks there. I would have to ask the police department to make sure that these guys go down there while the trucks are being loaded and unloaded to see that they are properly positioned on the site and I don't think it is out of the realm of possibility that we could reach out to the Cardinale family who owns the Waldbaum's shopping center and ask them to, I think that is a great idea, platform, something out into the wooded parcel behind the Waldbaum's store. I think that is a fantastic idea. It could help to alleviate some of the problems, so it all not bearing down on the Factory Avenue, Cottages and Sound Avenue area there. MR. TILLMAN: Well, it is my hope and we all know how politics work everywhere. You know the guys on the Planning Board, gals on the Planning Board. I would hope that some of the comments that were made here would be passed on to those people on the Planning Board. Again, I will remind you, I don't know if Mr. Talbot knows it, we came in here the last time with a petition signed by I believe it was 1,260 people in Mattituck who don't want the 7-11. The bottom line is, we don't want the 7-11. And you are putting property rights ahead of all other rights, including the safety. Thank you very much. SUPERVISOR RUSSELL: Marie? I am sorry, Marie, I forgot... PEGGY TONER: My name is Peggy Toner, I live in Mattituck. I would like to start by saying, I was part of that, I saw that mess last week. I was in that traffic jam. But it doesn't have to take a snow storm to create a traffic jam on Factory Avenue. It is just so bad. But we have been there, we have talked about this before and I don't know if you are really bringing our concerns to the February 23, 2010 Page 37 Southold Town Board Meeting Minutes Board. I am really wondering if you impress upon them how we feel, how strongly we feel. COUNCILMAN TALBOT: Have you guys gone to the Planning Board meetings? I am sure you have regarding this case, right? SUPERVISOR RUSSELL: You know, I have got to be perfectly candid. There is only so much we can expect from the Planning Board if we don't give them the tools to act and I think that ultimately this TQwn Board had opportunities earlier on, the longer it goes the less fair it is for us to act. I have raised these issues a few years ago. We had done a comprehensive review of convenience store uses but the Planning Board at this point, without giving them the tools, they are hard pressed to find opportunities to impose their will. I would say at this point, the Suffolk County Planning Commission is in an excellent position to vote against it, for the same basic premise they voted against the Valero in Cutchogue. Too intense use for that site. Now I used to live on Sigsbee Road but I grew up in Cutchogue and I live back there now and I assure you, the intensity of the use at the current location in Cutchogue, that intersection is nowhere near as crowded, as difficult, as populated with businesses as the one in Mattituck is. And I would hope the Planning Commission members from Southold, we have two appointed members, exercise that same discretion and this same consistency of thought when this comes before them for consideration. MS. TONER: A few meetings back I was told there was going to be a traffic study proposed or conducted. I would like to know the status of that? COUNCILMAN KRUPSKI: The corridor study? SUPERVISOR RUSSELL: The Mattituck corridor study. Okay, there was a traffic study that was actually called for, they had just recently received one for a proposed bank not too far across the street from the 7-11 and they found that as sufficient for evaluating traffic for that area. But we are looking at a Mattituck conidor study which the director of Planning will hopefully presented to us in the very near future. MS. TONER: Okay. I may have misunderstood. I thought Mr. Wickham called it specifically a traffic study and I was wondering .... SUPERVISOR RUSSELL: I will defer to the Planning Board on that but I believe they accepted the traffic study that had just been done for again, the proposed bank which is in close proximity. MS. TONER: Do you know when that was done? What month, what time of year? SUPERVISOR RUSSELL: I don't know, I will have to ask the Planning Board. I thought they were going to call for a traffic study specifically to that location. MS. TONER: Now, is that traffic study being done by the .... SUPERVISOR RUSSELL: I think it is already completed. February 23, 2010 Page 38 Southold Town Board Meeting Minutes MS. TONER: Were proposals sent out? Requests for proposals to do a traffic study? SUPERVISOR RUSSELL: well, if you ask an applicant to do a traffic study, it is up to them to go hire the consultant. In other words, the traffic study generally, the cost, the hiring of the person who does it, is all borne by the applicant not by the town. MS. TONER: In this case, it would be 7-11 or the bank? SUPERVISOR RUSSELL: Yes. And the town wouldn't go to RFP because we wouldn't intend on paying for it. MS. TONER: Well, this week the residents of Sigsbee Road discovered something, quite accidentally, that there is something going on, on the comer now which will further compound the problem that we have on that comer. Dickerson Marine has either sold or rented his property to a business coming from Cutchogue, it is a spa and pool company. Mr. Dickerson has taken all of his boats or he is in the process of moving all of his boats to the property behind Magic Fountain. Now that will bring in more traffic in the summer to Factory Avenue because we have parts depaxtment there for the boats, repair and sales. Mr. Dickerson has moved and will complete moving all of his boats to that location behind Magic Fountain. I don't know of any... COUNCILMAN ORLANDO: Which parts and sales? The whole thing is moving? MS. TONER: Everything. The sales, the repair .... COUNCILMAN TALBOT: I think that should be kicked over to the Planning Board for a site plan review because that was just storage .... SUPERVISOR RUSSELL: They would have to. First, that current use, which exceeds what was allowed was granted as an accessory use by ZBA some years ago for boat storage only. That hasn't really been, I think if you go by there, you will see that it's already expanded what the original approval was by the Zoning Board of Appeals. But right now, the only thing pending on that site had been the accessory use for boat storage only. Any of those changes in uses would require site plan and the whole .... MS. TONER: I don't know. SUPERVISOR RUSSELL: I will certainly look into that first thing tomorrow. MS. TONER: I heard his ad on the radio. Come to our new location for the spa and the pool... COUNCILMAN TALBOT: That might not be a bad thing, getting rid of all those boats on the comer, MS. TONER: Well, now we will have pools and .... Febmary 23, 2010 Page 39 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: I have to be honest, I have no knowledge of it but I will certainly look into it first thing on Thursday. MS. TONER: It was a surprise to everyone on Sigsbee Road. SUPERVISOR RUSSELL: I will look into it first thing Thursday. And with regard to the accessory use that had been granted across, behind Magic Fountain. MS. TONER: And one more thing, I would like to indicate when Mr. Dickerson had his business there, customers would park on Sigsbee. Making and entering Sigsbee a very difficult problem. About six weeks ago, my husband and I witnessed the fire tracks that were unable to come down to Sigsbee Road because there were cars parked at Dickerson, there was someone in the turning lane. There was nowhere for the tracks to go. Now they lost probably 60 to 90 minutes. That could be quite serious. I was so upset, I went into the house and I called everyone and you were one of the people I called. SUPERVISOR RUSSELL: And I referred that to the Southold Town Transportation Commission for review with regard to signage there and whether there is a need for it or not. MS. TONER: And the outcome was, the last thing I was told, there is nothing written now and there will be nothing written to put a sign on there that there should be no parking from a certain location on the comer to the first private house. That was what I was told. SUPERVISOR RUSSELL: I will talk to them about that. MS. TONER: To watch that fire truck and those sirens blaring and wondering who was waiting for the response for an emergency was very, very upsetting. And no one here knew about the whole thing about the Dickerson, now that is going to compound the problems that they have on Factory .... SUPERVISOR RUSSELL: Theoretically would require a site plan on both, first the accessory use across the street behind Magic Fountain and site plans for the change of business at the Dickerson site. But again, I will, I am taking off tomorrow but first thing, I will call tomorrow morning and ask both the Planning Board and the code enforcement officer to look at that and have a result and contact you Thursday. MS. TONER: Well, I think you all know that we don't want 7-11. I think that is clear. Is it clear to everybody?. COUNCILMAN KRUPSKI: Yes. Very. MS. TONER: Okay. Thank you. SUPERVISOR RUSSELL: Also, I just want to clarify, there is a lot of, I support property rights February 23, 2010 Page 40 Southold Town Board Meeting Minutes as best I can but there was a comment made a few weeks ago that said, well, the guy has paid for the right to have it, he has paid his taxes all along. Actually in New York state, it is a value and use state. You pay for what you have, not for what you can have. So he has paid for the right to have a gas station. He hasn't paid for the right to have a 7-11. If and when you create a 7-11, you pay taxes on that use but value and use states don't collect for higher and best uses, so fi.om a property rights point of view, again, I shop 7-11, I probably am singly responsible for the profit margin in both Cutchogue and Southold with the amount of coffee I drink but is all a question of you know, what use at what site and that is, I have to agree .... MS. TONER: Inaudible SUPERVISOR RUSSELL: That is fight. MS. TONER: Thank you. SUPERVISOR RUSSELL: Thank you. Marie? MARIE DOMENICI: Marie Domenici, Mattituck. I am here to talk about the 7-11 as is probably half the people that are here. When you have 1,200 signatures that says we oppose this kind of thing, it kind of speaks volumes. You are not talking about one or two squeaky wheels that are coming out saying we don't want it. You have 1,200 people who pay taxes in this town who should have a voice. Now I understand the Planning Board has a significant role in whether or not this comes to fruition, what I would ask of this Board is I would like to see a little more collaboration between, not to say you don't collaborate, but as it relates to this matter, you guys and ladies hear fi.om us more than probably the Planning Board does. So, we, I would ask you to be the messenger, to deliver the message for the people in this Town. I would also ask the question, I know there are traffic studies and corridor studies but right now the question that I would ask, at the comer of Sigsbee and the Main Road, I would like to know in the last 3 to 5 years, how many accidents are registered at that intersection and then bring that to the Planning Board. Perhaps they already know that. As a taxpayer, I don't know that. And I would have to FOIL it and you know what? You guys pick up the phone, you get the answer, so I will call you to ask you the question. Consider this a phone call. And then someone can get back to me and let me know, over the last three to five years, what kind of accidents have taken place, even if we want to include Factory, Sigsbee and the Main Road. At some point, it would have to be a compelling story. And in as much as, you know, people have the right to own businesses, I certainly agree with that but when you are talking about a franchise, the person that may purchase that franchise could live in California so there is no real value community wise. I mean, maybe someone locally would buy it which would be okay, I guess, if it has to be there which I am totally opposed to. But I am going to assume that someone that may have the money to make this franchise purchase will not be fi.om this town. Not because we can't afford it but because I think 7-11 controls who they dole these out to. And I don't know how that is done, whether it is a big process or who has more money to do it. So that leaves the question, is this going to be a local resident who is going to own this and the other question I would ask is, why does every gas station in this town have to have a convenience store attached to it? I mean, how convenient are these convenience stores already? You know, do you need one on every comer? February 23, 2010 Page 41 Southold Town Board Meeting Minutes That is like CVS. COUNCILMAN ORLANDO: They can't survive on the gas because it is such a, they only make pennies on the gallon and there are such wars out there that they can't survive on 2 cents a gallon profit. I remember as a child working in gas stations and the mechanic, he said, this is where we make the money, that is just for our customers that come in. we don't make money on it. They make pennies per gallon, so they need something to... SUPERVISOR RUSSELL: We tried to bring some structure to convenience stores and gas stations with the legislation that we passed. I think a lot of the convenience stores, what we have noticed was for some reason they were just being created without site plan, without anything. Or zoning enforcement would fall on the shoulders of the building department and I think it was illuminating when we went through that process to figure out a lot of these were just created or expanded without permits of any kind. Now that is something that we plan on addressing. And subject them to the new convenience store code as accessory use in gas stations. COUNCILMAN KRUPSKI: And Scott touched on something before, too. Something about you pay for the fight to use your property at the time. And people have talked about the right of 7-11 to come in, that it zoned for that parcel. But that doesn't mean that the town doesn't have the fight to say how that property is going to be used. if it is going to be a 7-11 doesn't mean the town can't say, well, it is going to be dangerous to come out on 25, so you have to use Factory Avenue. It doesn't say, you have to have so much parking, you have to be able to bring a delivery truck on site and not park it onto the road or not back onto the Main Road or not back in or out onto the Main Road. And it doesn't say, oh, you have to buffer it from a certain area and a certain neighborhood to protect the quality of life. Now if all these things become impossible to do there because they are suggesting, they are trying to put 10 gallons of you know what in a 5 gallon pail, then it is the town's right to say if you can't comply with what is right for the neighborhood, then maybe that is not the right project. I know Ms. Moore has heard me say that a thousand times but that is a fact. The town has the right to do that. So when I say the Planning Board can look at all these things, they can look at safety, they can look at lighting, they can look at ingress and egress and certainly parking and deliveries. You said deliveries were a problem next door, you don't think the deliveries are going to be better at a 7-117 Trying to back a tractor trailer in off the Main Road? If it can't be done, it can't physically be done and they should know that and recognize that and say look, then your store either has to be a certain size or then they should dictate what is best for the town. SUPERVISOR RUSSELL: We, it is my understanding is Factory would get worse because my understanding is the DOT wouldn't permit a curb cut onto the Main Road. So that was going to be dosed off and all ingress and egress was going to be off Factory. I might be mistaken. Pat is the attorney for 7-11, I am sorry for the (inaudible) but .... MS. MOORE: Inaudible. Just to bring everybody up to speed, I would be happy to do that. COUNCILMAN KRUPSKI: Sony, I didn't know you were the attorney. I was thinking about the old Trustee days. February 23, 2010 Page 42 Southold Town Board Meeting .Minutes SUPERVISOR RUSSELL: There is only so much that can squeeze into a community and the people of Mattituck have had enough and frankly, I don't blame them. MS. DOMENICI: Well, that comer there, as you all know I am being redundant when I say you can't even turn on to, off of Main Road onto Factory and you know, a recommendation maybe could be to make that a one way street. SUPERVISOR RUSSELL: That is something that is being looked at, as part of the corridor study. MS. DOMENICI: And maybe that would plead the case for this town but at the end of the day, you have many towns people who at some point become apathetic. You could have those 1,200 people in this room every time we talk about 7-11 but you know what? Apathy is like a cancer, it takes over. Because everyone thinks someone else is going to deal with this but if every time this topic came up and 1,200 people came in here, would that, just, every time we talk about 7- 11, think of 1,200 people. And even when we are not here, think about the fact that we are here in spirit, we are against it. And the Planning Board and the Town Board, hopefully you guys and ladies can work together and make it be known that this is not something well received. The traffic studies will speak for themselves, the CVS already is an issue. You know, do you have to drop a brick house on anyone to make them understand that this is not the right thing for this community. So, on that note, I won't beat a dead horse to death ..... COUNCILMAN ORLANDO: But maybe this is good news for you, Made. Maybe it is good news for you. If you notice the gas station on Eugene's on the comer? It is gone. They pulled out the tanks. Suffolk County had put a regulation in like 20 some years ago, you need to upgrade your tanks by 2010. So you notice all the gas stations were redoing there tanks. It is between $500,000 and $750,000 to do this. If you have a boat and you go to Claudio's this summer, he is out of there. His tanks are gone, he couldn't afford it, to make up the money for all that investment. So there are no more gas stations there. The gas stations are going to be gone, maybe Hands in Orient, may not be able to afford it. Patriot. Mr. Robert's in Greenport, he is out. They can't afford the big upgrade. So you may get your wish with no gas stations. MS. DOMENICI: Well, the question then needs to be asked. When was the last time those tanks were tested for .... COUNCILMAN ORLANDO: Well, that is why the county put that reg in, 2010. I think they extended it now to June. COUNCILMAN KRUPSKI: May. COUNCILMAN ORLANDO: To May. SUPERVISOR RUSSELL: All the more reason for the town to urge keeping a gas station there because we are faced with a likely scenario where we are not going to have too many gas stations February 23, 2010 Page 43 Southold Town Board Meeting Minutes anymore. I can think of a half dozen that have closed over the past couple of years alone. So Cutchogue has that they just lost, we lost the one in Southold. We lost quite a few. MS. DOMENICI: Has there been a study of that particular gas station and if their tanks are seeping or leaking into groundwater. COUNCILMAN ORLANDO: They are monitored by the state. SUPERVISOR RUSSELL: Monitored by the state. MS. DOMENICI: Okay, so you assume they are vigilant with that? COUNCILMAN RULAND: They have their own .... SUPERVISOR RUSSELL: You know, if the issue is 7-11, we should stay on 7-11 for the time being. MS. DOMENICI: Okay. Thank you for your time. COUNCILMAN RULAND: Can we go back to the pickup before you leave the podium? I would like to say something to you because you have been very vocal in the past and this will make you about as happy as I am about something we had great expectations on, which were the TIGER grants that we were part of the last of the stimulus money that was coming from Washington through the State of New York. Our people in Planning spent a great deal of time in collaboration with the Town of Riverhead. We applied jointly and there were a number of shovel ready projects that we had, ready to go, which included among other things, environmentally friendly vehicles from the little commuter cars to heavy duty trucks and on the 17th was the magic day when the grants were awarded. In the State of New York, there was one grant. It was for $80 million and it went to put another entrance in Penn Station to a railroad that is bankrupt. And we got nothing. Nobody got anything. MS. DOMENICI: Okay. COUNCILMAN RULAND: A promise that, well, maybe next time. So when you look at what is going to happen to the infrastructure and Chris was talking about sidewalks, there were, there is a project for Factory Avenue, the sidewalks. And there was a funding source, there was a shovel ready thing that we can do this but no. none of that. And you say, well, what is our alternative? Well, we can bond the money and go do it end you know, we are going to raise taxes to do that or we have to make it part of our ongoing plan. Every ongoing plan, as you know, takes longer than, and it was disappointed to be led on. The people in the ToWn of Riverhead were led on. They spent man hours and that equates into money. I know our people did some overtime to make sure the submissions were done in time and were reassured that these things all looked good. And that is, you know, so if you go in New York city in about 10 years, you will have a new entrance to Penn Station. February 23, 2010 Page 44 Southold Town Board Meeting Minutes MS. DOMENICI: I am elated. One question, unrelated to the 7-11 if I could just ask? Do we have any updates on the suggestion rewards program that I keep talking about? SUPERVISOR RUSSELL: No. MS. DOMENICI: Okay. I am not pleased to hear that. SUPERVISOR RUSSELL: Well, you know, I have looked at it time and time again and I, to be candid, Marie, I don't think it is a viable program for this town. Most of my costs are man hours and it is unlikely people are going to make recommendations to save money when it includes reducing hours... MS. DOMENICI: I am not talking about reducing hours. SUPERVISOR RUSSELL: There is, you have to look at the operating budget of this town to recognize that the overwhelming cost is man hours and head count. That is where the savings is going to come fi.om. People, recommendations, the Assessors, first of all, department heads already do many of the things you suggested. The Assessors email out the reminders for STAR. As cooperative as people can be getting email information to them, they will email all of that. A lot of those things are already done on a regular basis but the administrative component is so small compared to the overall cost of this town that I think the only savings that could be realized through recommendations in man hours. Recommendations of cost savings in man hours and all of the attendant costs that are associated with man hours. MS. DOMENICI: One of the things I recommended was have our tax bills emailed to us and there was talk about confluence about it but in speaking with Suffolk County legislator (inaudible) I think it has to mandate from the state and the state is like, you can do it. And so it is back and forth not knowing who can, will, do it. I think it is incumbent on the town to maybe investigate this because if that is something you can do, I mean, and I have said this to you all in the past, when was it, two years ago when they did the STAR rebate checks that they mailed out to everyone, it cost the taxpayers $1 million in postage. Could we not have done something better with $1 million? Maybe feed the hungry or the healthcare? SUPERVISOR RUSSELL: I mentioned to you, it wasn't about saving the taxpayers money, it was about putting a name in the mailbox of every homeowner. MS. DOMENICI: I know. No, no, no. I understand why it was done. SUPERVISOR RUSSELL: The privileges of franking in the state of New York and the federal government. MS. DOMENICI: But listen, if you want to deposit anything direct deposit in my checking account, I will love you all. So however the money gets there, you know, do it in a way that is more efficient. February 23, 2010 Page 45 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: You know, not to sound glib, Mayor Blumberg spent $108 million to mn for reelection. If he just told the other guy, I will give you 5 don't mn, he probably would have won. MS. DOMENICI: Thank you for your time. SUPERVISOR RUSSELL: Ma'am, you had your hand up. You were very patient. Gentlemen, right after this lady. LYNNE SUMMERS: Lynne Summers, Mattituck. Does the Suffolk County Planning Board supersede you in rulings? SUPERVISOR RUSSELL: The Suffolk County Planning Commission? What would happen is if they were to vote against a project, it would be returned to the Planning Board to overvote them. If they can't muster the votes to overrule the Suffolk County Planning Commission, then the Planning Commission's decision holds. MS. SUMMERS: So there are two gentlemen, a Mr. McAdams and .... SUPERVISOR RUSSELL: Yes, Tom McAdam of Cutchogue and Joshua Horton, the former supervisor. MS. SUMMERS: And how do we contact them? Personally or the head of the Suffolk County Planning Commission? SUPERVISOR RUSSELL: I would urge you to call my office tomorrow and they will get all the contact information you need. MS. SUMMERS: Okay. The other thing is, I was led to believe from somebody from the Farm Bureau who has dealt with the Planning Board that there are three reasons they can grant something not viable, for environment, for I guess health and welfare and a third thing, is that true. and how does Valero get, how did that happen over the town, the Zoning Board here? How did that get put into that? Do they just take any old thing you put in front of them or .... SUPERVISOR RUSSELL: First of all, Valero didn't get overruled. The two uses on one site. What happened is, it was going through site plan. They had started the construction of the convenience store with no building permits. We were alerted to that. We went and we stopped it. Made them come in and go through the process. As part of that process, when the Planning Board receives an application, it sort of goes out to all these different parties who get to weigh in, the state department of transportation, all these other jurisdictions. Suffolk County Planning Commission is one of those jurisdictions. MS. SUMMERS: Okay. Thank you very much. SUPERVISOR RUSSELL: Gentlemen? February 23, 2010 Page 46 Southold Town Board Meeting Minutes GENE CERTY: My name is Gene Certy, I am owner operator of what is called Suffolk Bureau of Electrical Inspectors. To echo what my peers behind me had said previously. Yes, we also carry $10 million worth of general liability insurance, we carry an $8 million umbrella policy. We also make the Town of Southold as an additional insured cartier. With that said, at the end of resolution 854 of 2009 there were some additional comments stating that there are two big companies that currently do electrical underwriting. Just to clarify, there are approximately six or seven companies doing business that are authorized within the Town of Southold. And only one of them has gone out of business. And also there was a comment that was made, there is a, of having the Town do your own inspections would ease the burden of getting inspections done. I can state, I don't want to state factually but with a lot of confidence that currently the two municipalities that do it within house, their typical response time to most electrical inspections is anywhere to two to four weeks. Private industry, the typical response time is between one to four days at the latest. As far as credentials, one thing that always concerns me is that there are, for the two municipalities currently doing electrical inspections, there are four employees that are through CSEA. Out of those four, I have only met two of them and I have been doing electrical work, well, one, my whole life but as an inspector since 2003. With that point, it brings a lot of concern that there are inspectors that they have a position, they don't come to any association meetings, I have never met two of them myself and I go to my monthly meetings. I have three monthly meetings, one of which is held in Riverhead every month. I have never met two of them there. And these are east end municipalities. I wouldn't know who there are ifI ran into them at 7-11. Speaking of 7-11. all of my peers in this industry, currently to date as far as I know, are all what we call IAEI, International Association of Electrical Inspectors, certified. The CSEA employees need not to be. We are all at our association meetings, monthly, to the point where, as you can well imagine, get to the point where they are crazy. All of us at one time or another, have taught in our industry, are in classes and not only are we teaching to apprentices, we are teaching to seasoned, licensed electricians. As inspectors, we are in class of one sort or another all the time, in fact I start teaching another program March 3 and that will be an electrical theoretical program. We are constantly in communication with building inspectors, fire marshals from Montauk to Hempstead. Our current realm of business is Long Island. We all carry, I think I mentioned, we all carry (inaudible) policies. We all make the municipalities that we deal with, we state them as additional insured on our policies. The biggest regard that I can mention is, as always, a regard for safety. My concern also is that currently the gentleman that has, I guess temporarily I am not sure what the right word is, or as a part timer that you put on, he is an absolute qualified gentleman. There will be no question to that. Our concern is, what happens after he moves to Florida. Who will you put in his position? Somebody that passed a civil service exam without any real trade experience? Thank you. SUPERVISOR RUSSELL: You raised some very good points. COUNCILMAN KRUPSKI: I have a question for you, sir. MR. CERTY: Yes, sir. COUNCILMAN KRUPSKI: And it is something I thought about when the previous gentleman February 23, 2010 Page 47 Southold Town Board Meeting Minutes was speaking about this issue. You are certified to do the electrical inspections... MR. CERTY: That is accurate. COUNCILMAN KRUPSKI: By who? MR. CERTY: The International Association of Electrical Inspectors. COUNCILMAN KRUPSKI: You pass a test? MR. CERTY: Correct. COUNCILMAN KRUPSKI: Do you have to get recertified? MR. CERTY: We don't have to get recertified but to maintain our certification, we are required to have 24 continuing education, CEU's, every three years. So as I stated, we are always in some program or another. Either teaching those classes or on the receiving end of those classes. COUNCILMAN KRUPSKI: Thank you. COUNCILMAN ORLANDO: And our employee would do the same. COUNCILMAN KRUPSKI: He would have to. MR. CERTY: That would be up to the gentleman though to state that. COUNCILMAN KRUPSKI: Yes. MR. CERTY: We are required to do that. ANTHONY GIORDANO: Good evening very much to the Board. My name is Anthony Giordano, I am the chief electrical inspector for certified electrical inspections. Formerly from the New York Board of Fire Underwriters. I was the New York Board of Fire Underwriters for 10 years. I elevated myself to the position of chief and I was the chief of the Long Island division. So I know kind of like what goes on out here in the street as far as doing electrical inspections. I am here representing this company. I am not an owner, I have no interest in the company at all. I am just here representing my company and I am here on Jim Smith's behalf. I don't know if you know Jim Smith but Jim Smith totally qualified man, he is on vacation. He was the regional down state chief of the New York State Division of the Bureau of Electricity for the New York Board of Fire Underwriters. As you know, when the New York Board of Fire Underwriters collapsed and it collapsed because of financial burdens. It can happen. The company was out since 1867 (inaudible) okay, it became incorporated in the bureau of electricity in 1932 and it was an idea that the insurance companies had, hey listen, people are burning down buildings, let's formulate the bureau of electricity and that is what they did. They passed a bill up in Albany and the bureau of electricity was passed. We went out and did inspections. We February 23, 2010 Page 48 Southold Town Board Meeting Minutes were the only game in town, you either listened to us or you had nobody else to go to. Through the course of the years, other agencies came on the horizon and opened up their own agencies, okay. That changed things a little bit because we weren't the only game in town, okay. Ultimately the New York Board of Fire Underwriters lost the backing from the insurance companies and had to fold their doom. That created a problem because everybody just assumed that the New York Board of Fire Underwriters was the agency for inspections and everyone went running. Okay?. other agencies opened up. This company has been around, EIR has been around, they have been around, they have been around, they do qualified job. Now municipalities are saying, hey, we can make all this money. Well, let me tell you. I did all the numbers. The repairs of the cars, the gas of the car, the vacations, the this, the that and I tell you, to make money in this business is not an easy task like it was said before me. I don't want to be redundant to this thing. Okay, our inspectors have to maintain their certifications through what he said, the IAEI. I am a code enforcement officer. Jim Smith is a code enforcement officer. We have to get 24 hours of training a year to keep this going, okay. Se do this on our own time. We do this at our own expense because we have an obligation to the communities to save lives and property and that is our own purpose, okay. I am going through this with a couple of other municipalities and I am going to be perfectly candid with you, they are looking into the same thing. Hey, we can do it ourselves. Just thing historically why hasn't this happened before the collapse of the New York board? Hmm. Because it was very easy for you. You didn't have to worry about anything. A building burnt down. Who would you call in? The inspector, the company, the electrician. They don't call in the municipality because the third patty agency did the work for you, okay. that is the benefit that you are paying for. Now a building bums down and you have your inspector there. Now your building department goes there, your electrician goes down there and so on and so forth. Now you have to assume the liabilities of this here. So like I said, I understand where you are going from business wise. I am not a business man, I go out there and get the job done and I really appreciate your opportunity to let me come here before you and tell you what, the way I look at it. These gentlemen look at it a little bit differently because I am not an owner. I have here a packet of our company that has all our qualifications and I would like to turn it over to you. Thank you very much for this evening. SUPERVISOR RUSSELL: Please. Thank you. COUNCILMAN TALBOT: You guys propose that instead of just hiring a part timer that works for the Town to leave it open to any inspection company (inaudible) whatever electrical electrician wants to, they can call whoever they want? UNIDENTIFIED: Providing they show the correct qualifications. They also have to meet all your specifications (inaudible). COUNCILMAN TALBOT: In other words .... MR. GIORDANO: You are not losing control, in other words, we are a third party agency. We answer to the building depastment. If a building official calls us up and says hey, we have a problem over here, can you come down here? I know our company and I believe all you companies afford a free inspection if you need it. Okay? We have always done that to the February 23, 2010 Page 49 Southold Town Board Meeting Minutes municipalities, okay. So we can go and take a look at something for you and give you an evaluation, maybe they have a problem with defects on the job and well, your inspector, he might think it is a defect but he is not qualified to say that that is a defect, okay? That is where we come in because we are qualified as experts. When we have to testify, we are qualified. Every year I have to get my IEI certification re-upped. I will give you just a small little thing that is my pet peeve because I am on the licensing board for the Town of Oyster Bay, I have an electrician that comes to me all the time, code questions every morning. His license number is 63, he took his test when it was wire a three way switch. Hasn't been to a class since 1955 and he is a master electrician, wiring in your homes. Now we have to look at this work...we have to maintain certifications but the electricians don't have to go to code classes and they don't have to go anywhere, so therefore they are out there running amok. And I tell you, the Department of State someday, New York State is going to clamp down on this here because when, you know how they make laws and they change things? After somebody dies. You go through Stouffers fire, oh, we can't put cloths on the wall because it will bum up. Now they made a code change. So after somebody dies, something is going to happen. And that is the problem with the industry right now. Is because as soon as these guys get their electrical license, they take that code book, I don't need this anymore, I am going to call the inspector. And that is exactly what happens. And that is something that we, as inspectors, are cognizant of and when we go to job sites and we see this type of stuff, we get on them. We have to do that. SUPERVISOR RUSSELL: I think that was the, not that long ago, the consequence of aluminum wiring. The failure there, which did away with ..... MR. GIORDANO: Absolutely. So they make a law. How many people died because of aluminum wiring? Okay? It was a great idea when it came out. Now we have to .... COUNCILMAN KRUPSKI: You have to understand, this was sold to us as one, a revenue generating proposal. Two, it would be more convenient to the general public if there were someone in house to do the inspection, okay? So you have given us, you three gentlemen, you have given us a lot to think about. MR. GIORDANO: I want you to look into one thing. I want you to get an electrician that does a lot of work in Riverhead, okay, and ask him how he likes his inspection process. That's all. I am not going to say any more because I am not here to beat up anybody or anything like that. But I hear it from guys all the time, hey, Tony, such a pleasure to work with you because you answer the phone, you get back to me on the phone, you tell me you are going to be there at a certain time and you are there, that is great, isn't that? Or you are going to have your refrigerator delivered tomorrow, we will be there between 9:00 and 4:00. SUPERVISOR RUSSELL: That weighed very heavily in our minds, in other words we are trying to make an environment to make this place a better place to business in and we will certainly consider all of that. MR. GIORDANO: I understand where you are going with that, I take my hat offto you. I do. I really do. And I thank you very much gentlemen. February 23, 2010 Page 50 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on any issue? Made? BENJA SCHWARTZ: A couple of notes, I will try to make them brief but I do want to talk a little bit about planning and my name is Benja Schwartz, I live in Cutchogue. I reviewed the files in the planning studies folder of the Southold Town microfiche today. As of approximately 194 files, there I counted over 70 that relate to watershed protection and water supply and I was here this morning when Steven Jones the chairman of the Suffolk County Water Authority was here and there were a few other people. After a while, they all left and I was the only person here, as you all know. I was the only person in the audience. SUPERVISOR RUSSELL: You are about to find yourself in that position again, Benja. MR. SCHWARTZ: I did want to say something about the situation down in Mattituck because I was down there last summer and I saw there were two trucks parked in front of the sign that says no standing, not no parking but no stopping, no standing. There was a coca-cola track and a pepsi truck. Two huge trucks parked right there and I happened have a cell phone with me and I called the police and they wanted to know my birthday, you know, and they did not want to show up. So I know you can't tell Southold Town police what to do. You can't tell Southold Town Planning Board what to do. But you do have the power to enact a moratorium if you think there is a serious threat to the community of Southold Town which does include the people in Mattituck and I will be there next month at the heating on the proposed expansion of the gas station in Cutchogne. I am not anti business but I do believe that as an individual who loves Southold Town, I would ask Mr. Cardinale and I would hope that the Town Board would make an effort someway, somehow I am just contacting you now, I am just talking about it now, I don't have time to write him a letter, I am too busy trying to clean up other issues in town here but it is a very important issue and as much as we need supermarkets and shopping centers, that one is out of hand. And all it would take is for the police to do a little crack down on those illegal tracks and their illegal behavior. We already have the laws, we don't need to, you know, I don't know, I have called the police department. They wouldn't listen to me. Maybe you would have better luck on that. But out of the 194 files, there are 70 of them relating to water, I am not going to go over all of them. There are approximately 35 that are mentioned as important background documents for the proposed new comprehensive plan which is currently in development. Unfortunately, I don't see any emphasis yet on water. Although over one third of the planning studies focus specifically on the water issues. I would like to talk a little bit about water. I would also like to ask a question and this is, I don't mean this as an attack on anyone but for some reason, the documents go from 1961 to 2007, they seem to stop in 2007 and I can't believe that nothing has happened in the past three years. I also think that some of the documents there probably should be taken out and maybe we need to categorize a little bit, the documents in the planning studies folder of the Town of Southold. Not just as one folder with all the documents in there. Some of them are really about other places. About Martha's Vineyard or a village upstate in Dutchess county, the village of Millbrook. Nice village up in Millbrook. I happened to look at their website and they had a notice that their village board meeting was cancelled tonight due to the weather, so, you know I mean that is what you could'do if you have February 23, 2010 Page 51 Southold Town Board Meeting Minutes website that is up to date. You could, anyway, we are not cancelled, we are here. You know, there are documents like the long story of Long Island which is an excellent document but you have to get all the way to the end of it, it is over 10 pages, it is 11 pages long and only on the l0th and 11th pages they talk about the water supply. But that document is written so that a 4th grader could understand it and I encourage you all to read it because it is very important information. There are also unpublished reports in that folder, such as one town, many places, stewardship task force, hamlet reports 1994. a lot of information there that I think we need to consider more and read about it. A few of the documents are linked to online but some of them, like Local Waterfront Revitalization Program, I don't consider to be one of the documents pertaining to water. Yes, our whole town is water front but the water issues that I am talking about are the water supply and the water distribution and the waterfront, those are water issues but when you get into, when you have a plan like Local Waterfront Revitalization plan that everything is related to water, you know, it almost, it is too much and I think we need to focus a little bit. Besides the link to that plan, the diversion of that plan that is on the website, I don't believe that it says, it is linked to as a final version of the Local Waterfront Revitalization Program but within the text there are notes that say deleted and amended and changed, so one of the notes is kind of interesting, it says the ferry service, the Cross Island ferry service has entered into an agreement with Long Island Railroad for daytrips from Manhattan to Foxwood with a rail, bus, boat link scheduled once a day. However, this has not been very well received possibly because of the multiple change in transit modes required. Subway or taxi to train to bus to ferry and the prevalence of automobile ownership. I would also note but it just doesn't seem like that is the final version of the document. One quick question, just to see if you are awake. In that document it says that the Town of Southold is served by four ferry companies. One is Cross Sound. Can anybody name the other three? SUPERVISOR RUSSELL: One would be the Heights, Shelter Island Heights, which is a not- for-profit owned by the homeowners on the north shore of Shelter Island, the other one would be a smaller ferry that is owned by a gentleman, I forget his name, on the south shore of Shelter Island and the Fishers Island ferry which is owned by a district, Fishers Island Ferry District. MR. SCHWARTZ: Fishers Island ferry which is a quasi public company. SUPERVISOR RUSSELL: It is a public authority. MR. SCHWARTZ: But the north ferry is not in Southold Town. SUPERVISOR RUSSELL: Well, we are serviced by it. It is a link to the south fork. MR. SCHWARTZ: It is not in Southold Town. SUPERVISOR RUSSELL: It certainly affects Southold Town. MR. SCHWARTZ: Well, the fourth ferry in Southold Town is the Plum Island ferry. SUPERVISOR RUSSELL: You mentioned something about getting focused before? February 23, 2010 Page 52 Southold Town Board Meeting Minutes MR. SCHWARTZ: In approximately the year 2000, the Town of Southold published a water supply management and watershed protection strategy and this is one of the documents that is tagged as one of the backgrounds to the new comprehensive plan and it actually describes many of the previous documents, not all, that pertain to the water issues. I think this issue has gotten short shrift so far in the comprehensive planning process. I look forward to addressing it when it comes up for discussion. I think that the name of the document, water supply management and watershed protection strategy is good but I think it should be the watershed protection and watershed, water supply management strategy. There is a difference between watershed protection and water supply management and you know, in the industry and also in the government you have different companies and different agencies. Currently the Suffolk County Water Authority is really leading the whole charge of this area and they are a water distribution company. I think, you know, calling them a water supply company I think would be wrong because they don't have any water supply, they take the public water supply. Nobody owns that water supply. I don't own the water that is in my well. COUNCILMAN KRUPSKI: We tried to fight that battle years ago trying to use our colonial patent because it mentioned waters in it. We tried to extrapolate that down to the ground waters also but it wasn't successful. That was when they were first coming in to town. MR. SCHWARTZ: But there are many corporations and the Suffolk County Water Authority is one of them that have been very successful in privatizing interests in the public water supply. If you are interested in that, there is an excellent video that you can, I know at least Scott lives in Cutchogue, you can go to the Cutchogue library. They have a video called for the love of water that describes how this is happening all over the world. And I am concerned about that but mostly I am concerned about Southold Town and the north fork. So the goal of one of the studies is described in this Town of Southold water supply management water protection strategy goal of it was to maintain water supply self sufficiency and they didn't just say within the Town of Southold, they broke the Town of Southold into seven water management areas. But the goal of the Suffolk County Water Authority is not to maintain water supply self sufficiency, in fact they are following a plan which they, Steven Jones signed and they adopted in 2003, a five year plan for water supply for the Town of Southold and that is still their current plan, even though it expired three years ago. I think we need to look a little further ahead to sustainability. But let me try to get through this very quickly, mainly most important, rather than just talking about the water supply distribution which is known as public water you know, I think the Town of Southold, there is, Suffolk County Water Authority is doing just fine making money trying to promote everybody to hook up to the public water. The Suffolk County Department of Health, the Suffolk County Water Authority, I assume they are water supply managers in Southold Town at this point, the de facto. Watershed protection, who is doing watershed protection? Well, we would hope that that would be Suffolk County Department of Health but they don't seem to be watching, they seam to have fallen asleep at the switch and unfortunately nobody else has you know, is there to shake that and I think that's what the Town Board needs to do, is to either shake them up or ourselves start to initiate the efforts to protect the watershed of the Town of Southold, the natural environment. February 23, 2010 Page 53 Southold Town Board Meeting Minutes COUNCILMAN KRUPSKI: Well, we have been taking steps towards that. I mean, unfortunately you can't do it all that quickly. But acquisition of open space certainly provides and we partnered with the county, with the state to provide for our recharge areas for the aquifer. Also, when I was on the Trustees, we always did a drainage review of every property, so every time someone had a permit instead of the runoff coming off the property directly into the surface water, that water, clean water was recharged back into the aquifer and then in 2006, the Town Board passed the drainage code which again provides, it is a simple drainage code, gutter and drywell code that provides that roof runoff and driveway runoff to recharge which is fairly clean, to recharge directly into the aquifer and recharge it. So you don't get that runoff, it minimizes road runoff but then washes the pollutants down into the creeks. MR. SCHWARTZ: There has been a lot of progress made but there has not been a recognition of the basic principles which are controlled and historically there has been a problem from agricultural enterprises and industry that has polluted much of the aquifer. And the natural aquifer, that was being controlled and by itself the farming industries, you know, couldn't afford to waste fertilizer and pesticides to some extent have been regulated, so the threat from farming I say was abating and we were starting to see a renaissance of clean water in our natural environment but now we have residential development that has become a new threat and has not been addressed directly, appropriately by Suffolk County Water Authority, the Suffolk County Department of Health or the Town of Southold. So you know, I am waiting for someone to say enough is enough. Now Suffolk County Water Authority in 2002, they did a report water supply treatment alternatives for Southold and it was very interesting because they said that they pumped in the Town of Southold at that time, 5,000 .gallons per minute in the whole town and out of that they said that 3,500 gallons per minute was at risk because it was high in perclorate and they expected New York State perclorate standards might change soon, might be, you know, so under the current New York State standards, it is legal for them to use that water but if the standards were modernized and you know, so apparently there is scientific evidence that shows that more than, way more than 50 percent of the water that Southold Town was being supplied by Suffolk County Water Authority was of questionable health benefits and that is from the Suffolk County Water Authority's own report. Now, when are we going to figure this all out and why do we need to do it now? well, I have a letter here to the Planning Board chair at the time, dated August 2007, I believe you were in office at least by then, Scott and it is from Steven Jones and he said that the estimate that it would cost x number of dollars to supply the Heritage subdivision with water was just a cost estimate and there was no guarantee that there would be water available to supply that subdivision. So what are we going to do? Build the houses and then try to find the water to supply them? I don't think that is right, in fact, in the Long Island business news 2008 Jeff Miller reports that Steven Jones says Southold Town Board has not yet tried to blame Suffolk County Water Authority for the Heritage development but we think they will. So we are going to make sure that we are going to have the town issue, of course it is not the Town Board, but the town issue the proper go ahead before we issue a water availability letter. So is this the way we should get the site plan, get the development approved and then try to find out if we have water. Well, that is not the way they feel in the state of Washington. SUPERVISOR RUSSELL: We have already changed that policy. February 23, 2010 Page 54 Southold Town Board Meeting Minutes MR. SCHWARTZ: The state of Washington has passed a law that says they have to find out whether the water is available before they .... SUPERVISOR RUSSELL: We have already changed that. MR. SCHWARTZ: Process the site plan. But even that is not, is deficient. What we need to do is find out how much water is available and how much water is appropriate to use, a thing called a water budget and that is not part of the current law in the Town of Southold which consists in this area essentially of a water map that was developed by the Suffolk County Water Authority and then they kind of, you know, didn't like so much the job they did so they redid it and the revised it and the second revision of the water map was not even agreed to by the Suffolk County Department of Health. There is an agreement between the Town of Southold and the Suffolk County Water Department, water authority, that nobody knows whether they would honor that or not but it is my position and I submit to you that you have not only the power and the authority but the moral responsibility and the duty and the ability and the, you know, you are well meaning people but we need to get moving on this, we need to get beyond a five year water supply plan that expired in 2008 and we need to develop a water supply plan with Town of Southold has a water supply management and water protection strategy. You have got a lot plans but this here, this plan talks about and I am sure it will be incorporated in the upcoming comprehensive plan but I think it is worth mentioning at the onset because I think it is very important, this plan it states right in here about how the, the historical use of pesticides and fertilizers by agriculture created contamination of the groundwater, in addition nitrates associated with the operation of residential sewage disposal have also contributed to groundwater contamination. That is an up and coming source of contamination. Coastal areas, the availability, we are, the entire north fork is coastal area. Of course, there areas that are closer to the coast like Fisherman's Beach on Nassau Point. The availability of potable water from such areas limits residential development potential. Not anymore. Suffolk County Water Authority piped water lines in there even though the people, the houses that live there, they could not have their own wells because they live a couple of feet above the salt water. So they had a little well on a little property and they were, they had a little supply of water but now, they have as much water as they want and they are building big houses and anybody that says that water supply does not promote or does not enable the you know, development is just plain lying. COUNCILMAN TALBOT: We discussed that in Orient this weekend and Councilman Krupski has stated that we haven't spurred a lot of new developments in Southold Town but it has allowed the ability for houses to be built on maybe sub-standard lots in existing developments that weren't suitable to be built on with a private well. And that is what is happening. The supervisor mentioned that today regarding Fisherman's Beach, that the houses due to the Suffolk County water going down there, that the houses have increased in size... MR. SCHWARTZ: You could do a study, you could get your geographical information system and you could see, look at all the lots of a certain size that if they had public water .... SUPERVISOR RUSSELL: Why do you presume we don't already do that? Why do you presume that you are educating us, that we haven't looked at all these things. That we are not February 23, 2010 Page 55 Southold Town Board Meeting Minutes painfully aware of all of these issues that you have brought before us. We have looked at the issue... MR. SCHWARTZ: Scott, Scott, look, I am not personally attacking you, you want to... SUPERVISOR RUSSELL: No, I am not attacking you, I am asking a question. MR. SCHWARTZ: Okay, well, because I have researched it. SUPERVISOR RUSSELL: Yes, but why do you presume we haven't? MR. SCHWARTZ: And I note that there is no study to that extent but what I am trying to say is I don't care whether you do a study or not. I don't think we need to do a study on that. There are some things that we can reduce to numbers and to scientific certainty and proof and there are some things that we just know. and the aquifer is one of the things that we know a certain amount about but the experts, the hydro-geologic experts, that have done studies from the 60's up to the current, you know, after 2000, the most recent studies all call for more studies. For more information and for more modeling for more, but even with all of that, I think you, you know, you are going to come to the same conclusion that they came to 60 years ago. No matter how many studies you do. COUNCILMAN TALBOT: I read a couple of the studies myself and one of the big things they refer to, I spoke to Councilman Ruland to this today, they kept to referring to the reason why we have issues with water on the north fork here, specific to the north fork, was because of heavy irrigation by the farmers but a lot of those irrigated crops are no longer existing. MR. SCHWARTZ: Absolutely and I mentioned .... COUNCILMAN TALBOT: So that irrigation is starting to drop some, I imagine and we have I think we have plenty of water and I can't say that Southold Town, I have to disagree with you if you say Southold Town hasn't done anything and the Planning Board or the Suffolk County Department of Health or the Suffolk County Water, those are separate entities but Southold Town itself participating with the other five east end towns and buying up all the development rights that they have and preserving the open space that they have, it just opens up... MR. SCHWARTZ: I never said, I never said that Southold Town never did anything. COUNCILMAN TALBOT: Well, you will say, the statement was made that we are trying to protect the water and I think that it, we can say it without saying it because we are, with our actions that have been done here in Southold Town it goes to show that we are looking out to protect the water that we have and also a couple of things that have been, that wasn't mentioned the MS 4 study is a recent one controlling runoff. We also spoke of today a couple of the green buildings that we hope to implement here in the next couple of years and that refers to water restriction in houses. The state building code is reducing the amount of water that you pump in your own house. It also refers to controlling the runoff on your properties .... February 23, 2010 Page 56 Southold Town Board Meeting Minutes MR. SCHWARTZ: I am not only looking at what you have done, I am looking what the Suffolk County Water Authority has been doing (inaudible) COUNCILMAN TALBOT: They are in business to sell water. MR. SCHWARTZ: Agriculture is no longer as bad a threat to our natural watershed, which includes the aquifer, the precipitation, the whole thing. But the residential development and the pipeline to Orient is just one recent example of the substitution of the idea that we can just pump in public water. Every single study that was done by Southold Town, that was authorized by Southold Town board's previous to this board came to the same conclusion. That pumping water into Southold Town, that importing water from out of town was a bad idea. I could go into the reasons for that, I could read you the reasons they give but a lot of the reasons have not been expressed yet and I could work on that but it might take me a while and it doesn't, if I know it, if I figure it out, that is not going to help us. What we need to do is we need to have the Town Board get on, wake up and shake up that switch man and figure out that yes, we got plenty of water. Most of it is salt water. Salt water in the creeks, in the bays, in the harbors and in the ground. Most of the water, the aquifers, that are under the north fork are salt. The only fresh water is in the very thin aquifer that is recharged exclusively by rainwater. Excuse me, I misspoke. Recent geo, hydro-geological studies has found evidence that there is some degree that the mainland, the water from the aquifers under the main land of Long Island that have more water in them are infiltrate to some extent, into the Cutchogue... COUNCILMAN TALBOT: I read that study this week. The Lloyd aquifer. It extends... MR. SCHWARTZ: Significant, not a significant factor .... COUNCILMAN TALBOT: It typically .... MR. SCHWARTZ: Inaudible... COUNCILMAN TALBOT: It typically is 1,000 feet down. SUPERVISOR RUSSELL: You know, this is the thing, in polite society, speakers have the floor. He was talking, let's give each other an opportunity to finish this conversation. COUNCILMAN TALBOT: Benja, the study that I read this week was actually supported or participated in by the Suffolk County Water Authority and I asked that question today and I think you were here with Mr. Jones of the Suffolk County Water Authority if they were, had any intention of drilling any new wells out in Orient. The reason I asked that was because this Lloyd aquifer which not a lot of people have the right apparently, to tap into it, apparently contains 6,000 year old water in it. It is the deepest aquifer below here and the rest of the island and it is followed below that by bedrock. It rises up, most of the island around 900 feet but it is 300 to 400 feet out in Orient. That is why I asked that question. Maybe they know .... February 23, 2010 Page 57 Southold Town Board Meeting Minutes MR. SCHWARTZ: Are you familiar with the litigation and the attempts, first of all, New York State designated the Lloyd aquifer as .... COUNCILMAN TALBOT: Hands off. MR. SCHWARTZ: Hands off and not to use, but Suffolk County Water Authority refused to accept that limitation and tried several times and I think, they do have some wells and certain circumstances they are allowed to tap into it but .... COUNCILMAN TALBOT: That was the question I asked today. MR. SCHWARTZ: The reports done by your predecessors said that importing water into the Town of Southold was impractical because to get enough water to make it worthwhile, you would have to go all the way to the Pine Barrens and it would be very expensive and if you just went over the border into Riverhead Town, then you didn't know if there would be enough water there to continue to supply and you might, you know, get enough to start to build some houses and all but then you wouldn't have enough water to continue to supply and you would run into trouble. So what did Suffolk County Water Authority do? They did their own environmental study, their own plan. Didn't really notify anybody in Southold Town and now they are pumping water from just over the border without any permission from the Town of Riverhead that I know of either, you know, and Southold Town is being, is drinking this water. It is being blended with the water which doesn't meet the drinking water standards and we have water which meets the legal drinking water standards but I for one am happy that I still have a well that is pure. And I would like to keep it that way and I think we need more proactive action by this Town Board, if that is going to happen. COUNCILMAN TALBOT: I will finish up with one last point. How do you know the water is not being pumped out of Southold and not into it? COUNCILMAN RULAND: You don't. MR. SCHWARTZ: I don't understand that. COUNCILMAN TALBOT: Maybe our great water is being pumped out of here. MR. SCHWARTZ: No, the Suffolk County Water Authority has released figures which show that they are pumping water into town and .... SUPERVISOR RUSSELL: Can I get a motion-to adjourn? Oh, I am sorry, Pat. Did you want to....? MS. MOORE: Inaudible. COUNCILMAN TALBOT: I have one last thing. I am sorry, I should have brought this up, I am sorry, Benja, not to bust your chops but I should brought it up prior because we might have February 23, 2010 Page 58 Southold Town Board Meeting Minutes lost some viewers. February 22, which was yesterday, the Department of State Fire Prevention and the Building Code Council had adopted a new carbon monoxide law and it is called the Amanda Law, it has been named in honor of a girl named Amanda Hansen, she is a 16 year old gift fi.om West Seneca, New York. She had stayed over her friends' house for a sleepover and in the morning she was found unconscious and it turned out to be that she had passed away from carbon monoxide poisoning. The state therefore jumped on this and wrote a new law, it went into effect yesterday as I stated and it is required in every house that has any fossil fuel burning source in the house or in an attached garage. The information can be found on the state fire prevention website which is under the New York State Department of State, also the building department here in town has copies of the law and can provide you with any information you may need or any questions you want to ask about it. COUNCILMAN ORLANDO: Just fossil fuel, not natural gas? COUNCILMAN TALBOT: No, if it is natural gas, propane, wood burning, oil fired fuel burning equipment or in an attached garage requires a carbon monoxide detector to be installed. And if you live in a, they ask you to install these in your houses but also if you live in a rented apartment or rented house, please contact, if you don't have the ability to do it yourself, please contact your landlord and have them install the carbon monoxide detectors. COUNCILMAN ORLANDO: It's a good thing. SUPERVISOR RUSSELL: Thank you, Chris. Can I get 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 9:45 P.M. Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell