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HomeMy WebLinkAboutTB-03/23/2010ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER KECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETiNG Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork.net MINUTES March 23, 2010 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, M~ Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell PM with the Pledge of Allegiance to the Flag. i!! Call to Order 7:30 PM Meeting called to order on March 23, 2010 at $outhold, NY. I. Reports 1. Program for the Disabled 2. Justice William H. Price 3. Board of Town Trustees 4. Human Resource Center Monthly IL Public Notices IV. Discussion 9:00 :~3t 7:30 Route 25, Update .nd Little Gull Lighthouses. All of the lighthouses are active workin EEL confirmed their commitment to maintain the physical structures and grounds. The, that the Town will accept title when the federal government is ready the town will then enter into an agreement with the US Coast Guard to maintain the battery/light. The reason they prefer the Town to take title is so that public access to the lighthouses can be maintained. If they should go to private entities, this would no longer be the case. 2. 9:30 A.M. - Ben Suglia, Mattituck Lions Club COMMENTS - Current Meeting: March 23, 2010 Page 2 Southold Town Board Meeting Minutes o Ben Suglia advised that they have not yet received a formal bid from the SCWA, but was told that it would be $100.00 per foot. The well has been energized. Maple Leaf Underground Contracting is investigating the cost of directional boring of the line. This company would deal with the County and getting the permit. They are planning on installing a 2" plastic line. Mr. Suglia is hopeful that between the directional boring and the well they can get the project accomplished. 10:00 A.M. - Chief Cochran COMMENTS - Current Meeting: Motorcycles The Town Board discussed this subject at length. However, it failed to gain the support of the majority of the Town Board. Those willing to give it a one year trial for highway patrol purposes were Supervisor Russell, Councilmen Ruland, and Justice Evans. Councilman Orlando supported it only for ceremonial purposes, parades, funerals, etc. Councilmen Krupski and Talbot did not support it at all. Civil Service Lists The TB agreed to call for civil service list for possible hiring of2011 police officers, if the need is demonstrated- 10:30 A.M. - Jim McMahon COMMENTS - Current Meeting: The TB discussed the need for a town basketball court. Supervisor Russell stated that since the money is there in park and playground funds, he will support it. However, he does not ever want to see it lighted in the future. Ayes: Councilman Ruland, Orlando, Talbot, Justice Evans, Supervisor Russell. Nay: Councilman Krupski. Jim McMahon will prepare a resolution to go out to bid for the next meeting on April 6, 2010. 10:45 A.M. - Heather Lanza COMMENTS - Current Meeting: Requesting permission to file a letter of interest due by April 9, 2010 to obtain free technical assistance on Smart Growth from the Federal EPA. No cash or match involved. Recipients of grants will receive up to $70,000.00 in assistance. TB was in support of Ms. Lanza filing the letter of interest. 11:00 A.M. - Mark Terry, Lorne Brousseau of Cornell Coop Ext COMMENTS - Current Meeting: Lome Brosseau of SC Comell Cooperative Ext Service presented the Town Board with a listing of Phase II Stormwater Projects that he has assisted L.I. Municipalities with in the past. A discussion was held on similar initiatives for the Town of Southold. Lome said that he will further review and study the initiatives for the Town of Southold. A Southold Town Stormwater Management meeting will be set-up sometime next week between DPW Jim McMahon, Town Engineer Jamie Richter, and John Sepenoski to discuss these initiatives and formulate a plan for working with Lome to accomplish them. March 23, 2010 Page 3 Southold Town Board Meeting Minutes 10. 11. 11:15 A.M. - Mark Terry COMMENTS - Current Meeting: TB discussed the recommended projects Mark presented them with. However, it was suggested that he stick with the original areas that the Town Board first had on the table. Namely: Lake Mobil, Goldsmith Inlet, Mattituck Inlet, and Gloaming Street, Fishers Island, the road to Pirates Cove. Mark said that he will be able to accomplish certain stewardship tasks. The Town Board gave their blessing for him to file for this grant. 11:30 A.M. - Mike Verity & Damon RaHis COMMENTS - Current Meeting: The Town Board discussed the Mattituck Corridor Area and agreed that this area has been grossly neglected for some time. Supervisor Russell and Councilman Talbot voiced their support for this study. This study would involve 225 parcels. Councilman Krupski stated that he would support this project, provided that specific goals and a definitive time period are identified. Councilman Orlando stated that he also supports it and is pro-business and promotes the health and safety of the residents. Justice Evans agreed also, provided there are specific goals and a definitive time period for the moratorium. Councilman Ruland asked if the moratorium would affect projects already in progress. Supervisor Russell stated that it would affect all projects. Councilman Ruland replied that he has a real problem zoning someone's property down who has already invested time and money in their project. This matter will be further discussed. Planning Director Heather Lanza will seek proposals from consultants to do this study. Resolution will be placed on Town Board agenda in 2 weeks on April 6, 2010, to hire a consultant for this study. Orient-East Marion Park District COMMENTS - Current Meeting: The Town Board discussed this situation and ordered that resolutions be placed on the agenda to accept the resignations of Commissioners Stewart Horton and Mary Morgan and appoint Linda Goldsmith and Linton Duell to fill these vacancies with an expiration date of 12/31/2010. It will be necessary for the Orient-East Marion Park District to hold an election for these 2 park district commissioner positions this fall. (Resohition No.'s 260 & 261) Amended Home Rule Message (S.6774A/A.9861A) COMMENTS - Current Meeting: The Town Board discussed this home rule message and ordered that a resolution be placed on the agenda. (Resolution No. 253) This item will also be referred to the Southold Town Transportation Committee. Home Rule Message (S.7036/A.4665A) COMMENTS - Current Meeting: The Town Board discussed this home rule and ordered that a resolution be placed on the agenda. (Resolution No. 254) This item will also be referred to the Southold Town Transportation Committee. 12. Proposed Local Law on Chapter 275 (Public Hearings) COMMENTS - Current Meeting: March 23, 2010 Page 4 Southold Town Board Meeting Minutes 13. 14. 15. 16. 17. 18. 19. This item is the subject of a public heating at this meeting. Town Board Resolution No. 262 was adopted after the public heating was held. 2010 Priority List of Stewardship Tasks on Preserves COMMENTS - Current Meeting: A meeting was scheduled for next Thursday, April 1, 2010 with DPW Commissioner Jim McMahon with regard to this list. Temporary Appointment as a Marriage Officer (Bob Scott) COMMENTS - Current Meeting: Resolution No. 255 was placed on thc agenda to appoint Assessor Robert I. Scott as a temporary marriage officer for one day only on Septcmbar 25, 2010. Water Map Amendment/Browns Hills SEQRA COMMENTS - Current Meeting: The Town Board discussed this item and then ordered that a resolution be placed on the Town Board agenda to retain Nelson, Pope & Voorhis to perform a SEQRA review for an amendment to the water map regarding the Browns Hills Subdivision in Orient. (Resolution No. 259) Hire Electrical Inspector? COMMENTS - Current Meeting: The Town Board will further discuss and evaluate this situation and possibly place a resolution on the agenda in two (2) weeks on April 6. 2010 to hire a town electrical inspector. LWRP Proposed Amendments COMMENTS - Current Meeting: The Town Board discussed these amendments and directed Mark Terry to perform the SEQRA review in house. It will also be referred to the LWRP Coordinating Council for their review and comments. It will then be set up for a public hearing to receive public comment. Supervisor Russell reminded that the goal of this amendment was to remove the dredging windows. It will go back on the April 6, 2010 agenda to set the date for the public hearing. Refund to Resident for Electrical Inspection COMMENTS - Current Meeting: The Town Board discussed this matter and tabled it for further deliberation in the future. Advertise for Part-Time Secretary in Police Dept; Seasonal Scale Operator at Landfill COMMENTS - Current Meeting: The Town Board discussed both of these positions. They ordered a resolution be placed on the agenda to advertise for a part-time secretary in the Police Department, but then tabled the resolution at the meeting, pending further information.(Resolution No. 256). A resolution was ordered to be placed on the agenda to advertise for a Seasonal Scale Operator at the Landfill which was adopted. (Resolution No. 258) 20. Recommendations/Input from Committees COMMENTS - Current Meeting: March 23, 2010 Page 5 Southold Town Board Meeting Minutes 21. Last week's Deer Management Committee meeting was discussed. The possibility of having a weigh station for the Towns of Southold, Shelter Island, and Riverhead was discussed. Supervisor Russell stated that there was some federal funding available for this. He also said that J. Kings had offered to deliver the dressed deer to food kitchens in NYC. This will be further investigated. It was mentioned that the original 20 mph speed limit signs at Mattituck School are still up, although the directive had been amended to exclude part of the area. This will be referred to the Transportation Committee along with the school student parking issue at Mattituck School. Referrals to Committees COMMENTS - Current Meeting: All Town Committee Chairmen had been directed to poll their committee members to ascertain whether or not they wished to remain on their committees. Responses had not been forthcoming at this time. This item will be placed on the April 6, 2010 agenda. Motion To: Motion to enter into Executive Session The Town Board entered into Executive Session at 12:20 PM for the purpose of discussing PBA collective negotiations pursuant to Article 14 of the Civil Service Law (the Taylor Act) (For Discussion Item No 22) RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell 22. 12:00 P.M. - EXECUTIVE SESSION - Michael Krauthamer, Esq. Motion To: Motion to exit from Executive Session The Town Board exited from this Executive Session at 12:57 P.M. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Motion To: Motion to enter into Executive Session The Town Board entered into Executive Session at 1:55 PM for the purpose of discussing the following matters: (1) The proposed acquisition of real property, the disclosure of which could substantially affect the value thereof. (For Discussion Item 23) (2) The appointment of and employment of a particular person to the Assessors Office. (For Discussion item 24) (3) The matter of discussing the employment history of a particular person. (For Discussion Item 25) (4) Litigation matters: Quad case; Beixedon case. (For Discussion Item 26) RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman March 23, 2010 Page 6 Southold Town Board Meeting Minutes 23. 24. 25. 26. AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell 12:30 P.M. - Executive Session - John Sepenoski 12:45 P.M. - EXECUTIVE SESSION - Assessors EXECUTIVE SESSION - Town Attorney EXECUTIVE SESSION - Litigation Motion To: Motion to exit from Executive Session The Town Board exited from this Executive Session at 2:55 PM at which time the work session ended. RESULT: ADOPTED IUNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, February 23, 2010 Vote Record - Acceptance o~ Minutes for February 23, 2010 7:30 PM Yes/Aye No/Nay Abstain Absent William Ruland Voter [] [] [] [] ~ Accepted Vincent OrlandoVoter [] [] ~ [] [] Accepted as Amended Christopher Talbot Seconder [] [] [] [] [] [] [] [] Tabled Albert Krapski Jr. Voter Louisa P. Evans Initiator [] [] [] [] Scott Russell Voter [] [] [] [] RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, March 09, 2010 y~Ay~ N0/N~y Abstain Abs~nt ~iiiiam Ruland ' Voter [] [] [] [] [] Accepted Vincent Orlando Voter [] [] [] [] [] Accepted as Amended Christopher Taibo~ ~o~der ~ ~ 13 [] Tabled Aib~ Kmpski Jr. Y0 er ~ [] ~ ~ Louisa P. Evans Initiator Scott Russell Voter [] [] [] [] V. Resolutions Opening Statements SUPERVISOR RUSSELL: What I would like to do is please ask everyone to rise for the Pledge of Allegiance. Thank you. Okay, before we get involved with the agenda I am going to have Geri Sheridan come up and I am going to read a proclamation. Whereas the Town of Southold wishes to participate fully in the 2010 U.S. Census; and March 23, 2010 Page 7 Southold Town Board Meeting Minutes Whereas over $400 billion is at stake nationwide in possible federal funds for localities over a ten-year period which would help keep local taxes down; and Whereas the new figures collected as a result of the 2010 U.S. Census activities will decide the district lines for many elected officials including congress, state legislators and county legislators; and Whereas during the next ten years local businesses, prospective businesses, hospitals, schools, etc. will utilize the figures gathered during the Spring of 2010; and Whereas it is imperative that every person is counted in the Town of Southold; now, therefore be it Resolved that the undersigned, Scott A. Russell, Supervisor of the Town of Southold does hereby declare Monday, March 15, 2010 as CENSUS 2010 AWARENESS DAY in the Town of Southold and extends best wishes to those attending the kick off festivities at the Riverhead Polish Hall on Marcy Avenue so that a Complete Count may be accomplished for CENSUS 2010. That is dated March 15, 2010. Geri, I just want to present it to you and tell you, the doors are open, we are going to help you in any way we can to get an accurate count in Southold. It is very important to this community. GERI SHERIDAN: Thank you. We started all our efforts right here and we are very grateful and for all you help and Louisa, for you help... JUSTICE EVANS: Can I ask a question? Or can I ask you to do something? Can you explain to the audience why Suffolk County is door to door where many other places are just really through the mail? MS. SHERIDAN: Only the five eastern towns we are doing door to door because almost everybody has a post office box and the post office is not allowed to share any of their information with us but conversely we are not allowed to share any of our information with them either (inaudible). The western five towns are always done by mail but if someone there has a post office box, we will find them. We hope. Thank you very much. Does anyone else have anything? JUSTICE EVANS: I had a practice census person come to our door. They were just practicing at that point. MS. SHERIDAN: Yes. JUSTICE EVANS: And I asked them the same thing. I thought it was interesting. MS. SHERIDAN: Yes. We started early. April Ist is census day across the whole nation and wherever you are living there, at that moment, is where we would like to count you. Inaudible. March 23, 2010 Page 8 Southold Town Board Meeting Minutes UNIDENTIFIED: Am I to understand that we won't be receiving the census in the mail? MS. SHERIDAN: You will not get it in the mail, no. It is door to door. COUNCILMAN ORLANDO: Just make sure you are home when they come by. MS. SHERIDAN: And the earlier we can count you, the quicker we can get it over with, the less expensive it will be. So you will know also that we will come back a total of six times. All different times of the day and early evening until we find you home, a total of six. If eventually we come to understand that there is nobody there, then we will have to go to others, a town official or neighbor or something to find out who lives there and try again to (inaudible) UNIDENTIFIED: We don't have to give fingerprims, do we? MS. SHERIDAN: No, no, no, no. INAUDIBLE COMMENTS SUPERVISOR RUSSELL: There are a lot of seniors who live here part of the year but might claim residence in Florida. While we have the demand on services out here for instance, the schools for the undercount and for seniors, those human resources, you know, we need to get those figures accurate so we get our share of the allocation. UNIDENTIFIED: East Marion has more post office boxes than it has houses. iNAUDIBLE COMMENTS FROM AUDIENCE MS SHERIDAN: This is the fourth one I have been involved in, I hope they do it right this time. JUSTICE EVANS: Can you also... MS. SHERIDAN: Inaudible. But it is so important. I feel the whole east end was under-counted the last time and I was part of that at that time, too but anyway I was hoping that all of you would spread the word. Please help us, especially to those (inaudible) and I am sure (inaudible) and I am sure the US Department of Commerce but it is official and it is (inaudible) and so it scares people, it scares a lot of people. If by the way, someone comes to your door not wearing this or if you are not Sure if they are working the census, we tried to cover everything this time around, hopefully we are doing it right. Ask for their photo id or their license and if they don't have one then ask them just to wait while you go call the police. Every police, starting with the village and so forth, has a list of the census workers in the area. So we are trying to protect you and yet doing our task. UNIDENTIFIED: There is a limited number of questions that they can ask, right? March 23, 2010 Page 9 Southold Town Board Meeting Minutes MS. SHERIDAN: Yes. Inaudible. Name, address, date of birth, how old are you, inaudible, phone number and the reason for that is, in case you don't answer one of the ten, we would like to call you. Inaudible. UNIDENTIFIED: Do they ask that of everybody? MS. SHERIDAN: Yes. They ask also if you have a mortgage on your house. UNIDENTIFIED: That is not a question you have to answer though. COUNCILMAN ORLANDO: You don't have to answer any of them. MS. SHERIDAN: Inaudible. JUSTICE EVANS: Can you also, can you address the confidentiality, too. That everyone should be counted and it is not shared? MS. SHERIDAN: Yes, thank you. Okay. I started with that, we cannot share any personal information (inaudible) anyway, we cannot and I emphasize we don't share it with 1NS which is now ICE and that is the one that really scares (inaudible), we cannot share with IRS, we do not share, sorry, folks, we do not share if we find an illegal apartment. We don't know it's illegal. I come from the Town of Brookhaven and we have all kinds of illegal apartments. Inaudible. But anyway, we don't share with them, we don't share with the post office, we don't share any, anybody. The information that you give to us is, I understand, held in a bunker somewhere in the bowels of (inaudible) for 72 years. INAUDIBLE COMMENTS SUPERVISOR RUSSELL: Thank you very much. MS. SHERIDAN: Inaudible. When the person comes to the door, how we are doing it differently, we went house to house out here ten years ago but what we did was we just left the form. The form has a bar code on it (inaudible) the wind took it, I threw it in the garbage, we had all of that. So to avoid that this time, we are going house to house and we stand there while it is filled out and that is put in a sealed envelope and (inaudible). UNIDENTIFIED: Wouldn't it be easier to ask the homeowner who is a permanent resident, who is just comes out for the summer, who is away in Florida? MS. SHERIDAN: April 1st is our deadline. Wherever they are April 1st. (inaudible). UNIDENTIFIED: Inaudible. People on my block that only come out during the summer, so they are not going to be there April 1st. MS. SHERIDAN: Inaudible. I really wish they would be counted here. I am not supposed to March 23, 2010 Page 10 Southold Town Board Meeting Minutes say that. Because we need it, we need every single (inaudible) but my personal goal is to count every body in Suffolk County. Thank you very much. COUNCILMAN ORLANDO: Thank you, Geri. SUPERVISOR RUSSELL: At this time, if anybody wants to come up and address any issue as it appears on the agenda, please feel free. BENJA SCHWARTZ: Good evening. How are you folks doing tonight? Benja Schwartz, Cutchogue. There were two items on the agenda dealing with town employees going to seminars or there was item where I think it is a bulk membership thing, we were going to pay for the memberships for about, looked like 25 or 30 organizations and I don't know I have necessarily a problem with them but I have a problem with the motions that do not specify the fiscal impacts of your voting. Some of those organizations are not cheap and maybe we do not need all of them. At least I would like to know how much those are costing us. Okay? COUNCILMAN KRUPSKI: Good question. SUPERVISOR RUSSELL: Good question, Benja. JUSTICE EVANS: Most of those passed at the Organizational meeting. There is only one additional one, which is why they put it on. The justice court clerks. SUPERVISOR RUSSELL: Okay, which one did we add? JUSTICE EVANS: The justice clerks. PETER HARRIS: Peter Harris, Superintendent of Highways. I would just like to address one of the amounts, $100 for the Suffolk County Highway Superintendent's Association. $100. SUPERVISOR RUSSELL: Thank you, Peter. Anyone else? JAMES SPANOS: My name is James Spanos and I would like to address the, today at the work session we had the proposed moratorium for Mattituck and I saw that it hasn't gone through and I am kind of indifferent of it going through or not going through because I don't know too much about the subject but I sat in on the work session and I realized that the building department is understaffed. It seems like they are understaffed. Because Damon Rallis was complaining that his desk was full of complaints, stacked up, and he couldn't get around to all of the complaints because he is only one man. There is a series of problems with the building department, I am not sure if it is understaffed or it is selective code enforcement ..... SUPERVISOR RUSSELL: Let me just point out that I am happy to hear everything you have to say but unless it pertains specifically to a resolution, we are going to keep the business to the resolutions on paper. We will wrap that up and then I will go to the public part of the meeting right after. March 23, 2010 Page 11 Southold Town Board Meeting Minutes MR. SPANOS: Okay. SUPERVISOR RUSSELL: Okay, Jim? MR. SPANOS: This has something to do with it and I can just touch base on one thing about this. I have a, well, I will bring it up later. I have a solution that might help Damon Rallis, ease Damon Rallis' load. And I brought it up last time I was at the meeting and nobody really elaborated on my idea. So should I bring it up now, Mr. Russell? SUPERVISOR RUSSELL: No, bring it up after, we will get rid of the agenda business and then we will get to the other business. MR. SPANOS: No problem. SUPERVISOR RUSSELL: Thank you. Anybody else on the agenda items? (No response) 2010-227 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated March 23~ 2010. Vote Record - Resolution RES-2010-227 [] Adopted [] Adopted as Amended Yes/Aye ~ No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled V ncent Orlando Voter [] [] [3 [] [] Withdrawn Fl Supervisor's Appt Christopher Talbot Seconder 1~ [] · [] [] Albert Krupski Jr. Voter [] [] [] [] [] Tax Receivers Appt Louisa P. Evans Initiator [] [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] [] [] [3 [] Supt Hgwys Appt Comments regarding resolution 227 COUNCILMAN RULAND: Mr. Supervisor, I will have to recuse myself on this one as I have a conflict with one of the vendors. 2010-228 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set Next Meeting March 23, 2010 Page 12 Southold Town Board Meeting Minutes RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, April 6, 2010 at the Southold Town Hall, Southold, New York at 4:30 P. M.. ,r Vot, R~es~rst~. Rl~OIt/flon RE~2010-228 ~ Adopt~ ~ Tabl~ Vinc~t ~lando Vot~ ~ ~ U ~ ~ Sup~i~ffs Appt AI~ ~pski Jr. Vot~ ~ ~ ~ ~ ~ Supt Hgw~ Appt 2010-229 Tabled 3/9/2010 4:30 PM CATEGORY: Strawberry Fields DEPARTMENT: Recreation Strawberry Fields - East End GreenFest Fiscal Impact: Police Department fees: $380.50 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Syd and Deborah Dufion to use Strawberry Fields in Mattituck for the East End GreenFest on July 24 & 25, 2010 (Saturday and Sunday) from 8:00 AM to 8:00PM. Set-up on July 23, 2010 and breakdown and field restoration on July 26, 2010, subject to the payment by applicant of $2500.00 to the Southold Town Clerk and the approval of the Town Attomey. Applicant must file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold and the County of Suffolk as additional insured's. vote Reeo~ ~ R~0i,q~n ~20i0-229 [] Adopted [] Adopted as Amended Yes/AYe ~0~Nay Abstain Absent [] Defeated William Ruland Initiator [] [] [] El [] Tabled Vincent Orlando Voter [] [] 13 [] [] Withdrawn Christopher Talbot Voter ~ [] [] [] [] Supervisor's Appt ~lbe~ ~Pski ji U [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter I~ [] [] [] [3 Town Clerk's Appt Scott Russell Voter [~ Fl [] Fl [] Supt Hgwys Appt 2010-230 CATEGORY: DEPARTMENT: Budget Modification Planning Board Modify the 2009 Planning Department Part-Town Budget March 23, 2010 Page 13 Southold Town Board Meeting Minutes Fiscal Impact: To cover the cost of over-expenditure in three budget lines RESOLVED that the Town Board of the Town of Southold hereby modifies the Planning Department's 2009 budget in the General Fund Part-town as follows: From: B.8020.4.600.200 To: B.8020.1.200.100 B.8020.4.600.300 B.8020.4.400.600 Meetings and Seminars $655 Total $655 Part Time Employee, Regular Earnings $ 1 Travel Reimbursement 640 Equipment Maintenance 14 Total $655 Vote ReCOrd - Re~°iution,RES-2010~230 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [3 [] [] [] Supervisor's Appt Albert Krapsk! Jr. Seconder [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] El [] [] Supt Hgwys Appt 2010-231 CATEGOR~ DEPARTMEN~ Budget Modification Accounting Budget Modification-Appropriate Park & Playground Fiscal Impact: Appropriate park & playground funds for Peconic Lane School as provided in the amended bond resolution for same adopted March 9, 2010 WHEREAS the Town Board of the Town of Southold amended the Bond Resolution for the acquisition of and improvements to the Peeonic School Property and Building, increasing the total appropriation from $1,350,000 to $1,500,000, with funding provided from serial bond proceeds of $1,350,000 and grant funds and other available funds of $150,000, and WHEREAS the Town Board has appropriated Community Development Block Grant funds in the amount of $133,500 for this project in the Special Grant Fund, and WHEREAS the Town Board has determined that $16,500 is available in Park & Playground funds and is required to formally appropriate Park & Playground funds for this project, now therefore be it, March 23, 2010 Page 14 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2010 budget as follows: To: Revenues: A.2025.00 Special Recreation Facilities Park & Playground $16,500 Appropriations: A.9901.9.000.100 Interfund Transfers Transfer to Capital Fund $16,500 '/Vo~e R~rd - Re~olution RES-2010-231 [] Adopted [] Adopted as Amended Y~s/~ye N0!N~ ~bstain ~bs~ , [] Defeated William RUland Voter [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisors Appt [] Tax Receiver's Appt Albert Kmpski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter g,I [] [] [3 [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hswys Appt 2010-232 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the Mattituck Chamber of Commerce to Hold Its Annual Mattituck Street Fair and to Close Down Love Lane and Pike Street, East and West of Love Lane, Mattituck on Saturday July 10, 2010 (R/D ffuly II)from 8:00 AM to 4:30PM Fiscal Impact: Total Police Department Cost for the Event = $293.40 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Mattituck Chamber of Commerce to hold its Annual Mattituck Street Fair and to close down Love Lane and Pike Streeh east and west of Love Lane~ Mattituck on Saturday July 10~ 2010 (r/d July 11} from 8:00 AM to 4:30 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 notify Capt. Flatley, upon notification 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. March 23, 2010 Page 15 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended y~A~e No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orland~ Voter [] Withdrawn c~si~fi~ Tall00t §~oncler El [] Supervisor's Appt Aibea Kmpsk! .h': V0~er El [] Tax Receiver's Appt Louis~ Pi gvans Initiator gl [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] Supt Hgwys Appt 2010-233 CATEGORY: DEPARTMENT: Appoint Thomas Smith Employment - Town Accounting RESOLVED that the Town Board of the Town of Southold hereby appoints Thomas Smith to the position of Highway Labor Crew Leader for the Highway Department, effective March 18, 2010, at a rate of $29.0596 per hour. ~' ¥ot~ R~ord - Re~olution RES-2010-233 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [][] [] [] [] Withdrawn F~ [] [] [] Christopher Talbot Initiator [] Supervisor's Appt Albert Krupski Jr. Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Seconder [] [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] ~ [] · 0 [] [] Supt Hgwys Appt 10. Comments regarding resolution 233 COUNCILMAN RULAND: Mr. Supervisor, would you like to comment on that resolution? SUPERVISOR RUSSELL: That would be the elevation of one of the highway workers to a vacant foreman position, of highway labor crew leader. I suppose it is a civil service title. We have four foremen in the community and those the foremen that get called out in event of tree branches down in storms, nights, weekends, those are the four foremen that Pete relies on to mn the highway department. 2010-234 CATEGORY: DEPARTMENT: Performance Bond Planning Board Release Performance Bond - Forestbrook at Bayview RESOLVED that the Town Board of the Town of Southold hereby releases the following March 23, 2010 Page 16 Southold Town Board Meeting Minutes Performance Bond for "Forestbrook at Ba.yview"~ No. 1510 issued by the State Bank of Long Island in the amount of $193,810.00, as recommended by the Southold Town Planning Board after receipt has been made of $15,000.00 cash to the Town Clerk's office for completion of the fire well, subject to thc approval of the Town Attorney. [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Initiator ' gl [] [] [] [] Tabled ~1 [] ~ ~ Vincent Orlando Voter [] Withdrawn ~ El El El ; ChristoPher Talbot Vgter [] Supervisor's Appt Albert Kmpski Jr. Voter ~ El El El [] Tax Receiver's Appt Louisa P. Evans Sec~hdex [] [] [] [] [] Rescinded [3 Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-235 CA TE GO R Y: DEPARTMENT: Close/Use Town Roads Town Clerk Amend Resolution to 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 = $398.56 RESOLVED that the Town Board of the Town of Southold hereby .amends Resolution 2010- 169, adopted at the February. 23~ 2010 regular meeting~ to read as follows: RESOLVED that the Town Board of the Town of Southold hereby grants permission to the North Fork Chamber of Commerce and Cutchogue Fire Department to use the following route: beginning at Cox Lane and using Eugene's Road as a staging area; west on Main Road to Cases Lane; ending at Village Green, for its Annual St. Patrick's Day Parade in Cutchogue, on Saturday, ~x.{~c~ 12, 29!9 March 27~ 2010 beginning at 2:00 PM, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. March 23, 2010 Page 17 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended y~Aye No/Nay Abstain Absent [] Defeated ~ill~am Ruland Seconder [] [] [] [] [] Tabled VinCent Orlan~p Initiator [] [] ; I~ [] [] Withdrawn Christopher Talb0t Voter [] [] ~ [] [] Snp~isoesappt 6!bm~ps~-'r. W~? ~ ~ i P P [] Tax Receiw-'r's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt H$wys Appt 13. Comments regarding resolution 235 COUNCILMAN TALBOT: I am going to recuse myself on that as a member of the fire department. I know them had !?een some issues with some 0£the residents in town about 2010-236 CA TE GO R Y: DEPARTMENT: Organizational Town Clerk Payment of 2010 Dues RESOLVED that the Town Board of the Town of Southold hereby amends resolution 2010-35~ adopted at the January 5, 2010 Organizational Meeting~ to read as follows: RESOLVED that the Town Board of the Town of Southold hereby approves the payment of 2010 Suffolk County, New York State and other related association dues for elected and appoint officials, and expenses incurred by these Southold Town elected and appointed officials with respect to said associations: New York State Association of Towns New York State Association of Large Towns New York State Planning Federation New York State Association of Conservation Commissions East End Supervisor's & Mayor's Association Suffolk County Supervisor's Association New York State Supervisor's & County Legislator's Association Nassau-Suffolk Town Clerk's Association New York State Town Clerk's Association New York State Association of Local Government Record Officers International Institute Municipal Clerks ARMA International, Association for Information Management Professionals New York State Town Attorneys Association Suffolk County Town Attorney's Association New York State Bar Association Suffolk County Bar Association New York State Assessor's Association Suffolk County Assessor's Association March 23, 2010 Page 18 Southold Town Board Meeting Minutes Suffolk County Tax Receiver's Association Suffolk County Superintendent of Highways Association New York State Magistrate's Association Suffolk County Magistrates Association Nassau-Suffolk Court Clerk's Association Long Island Association of Municipal Comptrollers New York State Government Finance Officer's Association, Inc. New York State Chiefs of Police Association International Chiefs of Police Association Suffolk County Chiefs of Police Association Suffolk County Police Conference ~ YOre R~°rd ~ R~iu~i°n RES~20i0'236 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] I-I [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Sup~rvisor's Appt Albert Krupski Jr. Initiator [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-237 CATEGOR~ DEPARTMEN~ Budget Modification Fishers Island Ferry District FIFD Budget Mod 2009 Fiscal Impact: to cover over expended budget lines RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 Fishers Island Ferry District budget as follows: TO: EXPENDITURES: SM 5710.4.000.200 FROM: EXPENDITURES: SM.5710.4.000.300 Utilities, Fishers Island Additional Water Co surcharge Total $1,500.00 $1,500.00 Fuel Oil Vessels $1,500.00 Total $1,500.00 March 23, 2010 Page 19 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended ~es/Ay~ No/Nay Abstain Absent [] Defeated William Ruland Voter [] rh [] [] [] Tabled Vincent Orlando : Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Albe~ Krupski Jr. Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded ~ui~a pl Evans lniiiai~ Voter [] Town Clerk's Appt Scott Russell [] Supt Hgwys Appt 2010-238 CATEGOR~ DEPARTMEN~ Budget Modification Solid Waste Management District Budget Mod - SWMD Payloader Fiscal Impact: Radiator repairs on Komatsu loader deemed feasible and necessary. Anticipated trailer repairs can be postponed. RESOLVED that the Town Board of the Town of Southold hereby modifies the. 2010 Solid Waste Management District budget as follows: From: SR 8160.4.400.680 (Trailer fleet repairs): $4,000 To: SR 8160.4.100.550 (Komatsu Payloader Maintenance): $4,000 [] Adopted [] Adopted as Amended ~es/Ay~ No/Nay Abstain Absent [] Defeated William Ruland Seconder : [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn ~hristoph~ 'raibo~ lniiiator [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Kmpski Jr, Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt ScoR Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-239 CA TEGOR Y: Fmla DEPARTMENT: Accounting Grant FMLA Leave to a Town Employee March 23, 2010 Page 20 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby grants up to a 12 week leave of absence under the FMLA (the Family and Medical Leave Act) to Administrative employee #5500 pending submission of properly completed FMLA paperwork. [~ Adopt~ ~ Tabl~ Vincmt Orlando S~onder ~ ~ ~ ~ ~ With~ Chdstoph~ Taint Vot~ ~ D ~ ~ ~ R~cind~ ~uisa P. Evans Vot~ ~ D ~ ~ ~ Supt Hgwys Appt 2010-240 CATEGORY: DEPARTMENT: LWRP Town Attorney L WRP/Amendment Accepting Policies for Submission to NYS Dept. of State THIS RESOLUTION TO BE TABLED WHEREAS, the Town of Southold has amended the Town's Local Waterfront Revitalization Program by amending the Town's Waterfront Consistency Review Law in cooperation with the New York State Department of State in accordance with the provisions of Executive Law, Article 42; and WHEREAS, the Town of Southold has amended the Town's Local Waterfront Revitalization Program to reflect changes made to the maps and narratives for the State's Significant Coastal Fish and Wildlife Habitats within the Town's Local Waterfront Revitalization Area; and WHEREAS, the Town Board hereby declares itself as lead agency for this unlisted action and will conduct an uncoordinated review in accordance with the requirements of the State Environmental Quality Review Act and 6 NYCRR 617.6(b)(4) of the implementing regulations of Article 8 of the New York State Environmental Conservation Law; NOW, THEREFORE, BE IT RESOLVED that the Local Waterfront Revitalization Program Amendment for the Town of Southold is accepted by the Town Board as complete and ready for public review and shall be submitted to the New York State Department of State for its review by State, Federal and Regional agencies pursuant to the provisions of Article 42 of the New York State Executive Law; BE IT FURTHER RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Amendment at the Southold Town Hall, 53095 Main Road, March 23, 2010 Page 21 Southold Town Board Meeting Minutes Southold, New York, on the 20th day of April, 2010 at 7:35 p.m. at which time all interested persons will be given an opportunity to be heard. Vole Ree~- Resolution RESt010-240 [] Adopted [] Adopted as Amended Yes/Aye NofNay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] ~ [] Withdrawn Vincent Orlando [] [] [] [] Supervisor's Appt Christopher Talbot [] [] [3 ' [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt 2010-241 CA TEGOR Y: DEPARTMENT: Attend Seminar Assessors Attend Seminar - Assessors RESOLVED that the Town Board of the Town of Southold hereby grants permission to Robert I Scott, Jr. and Kevin W. Webster to attend a one day course on the Ethics for Assessors at the Holiday Inn, Fishkill, NY on April 16, 2010, all expense to be a legal charge to the 2010 Assessors budget. ~ Vol~ R~rd ~ Resolution RES-2010~241 [] Adopted [] Adopted as Amended Yes/Aye No/Nay : Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Sec0nd~r E1 [] [] [] [] Withdrawn [] Supcrvisor's Appt Christopher Talbot y0ter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. ln![!~t0r [] [] [] [] Louisa P. Evans Voter [] [] [] [] [] Rescinded [] Town Clerk's Appt Scotl Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-242 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Agreement W/Harold's LLC - F.I. Sewer District RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between Harold's LLC {Harold Cook) and the Town of Southold for the operation and maintenance of the Pump Station of the Fishers Island Sewer District for a one year term commencing on April 1, 2010 and ending on March 31,2011, for the sum of $187.30 per month, subject to the approval of the Town March 23, 2010 Page 22 Southold Town Board Meeting Minutes Attorney. [] Adopted [] Adopted as Amended Yes/A~e No/Nay Absta n Absent [] Defeated William Ruland Voter [] [] [] 13 [] Withdrawn [] Supervisor's Appt Christopher Talbot Seconder i [] [] ! [~ [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa p: Eyans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] V1 V1 [] [] Supt Hgwys Appt 2010-243 CATEGOR~ DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement Between the Town of Southold and the Village of Greenport for the Use of the Village Marine Pump-Out Station RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and the Village of Greenport for the use of the Village Marine Pump-Out Station in connection with the Trustees' pump-out boat for the period May 21,2010 through October 31, 2010, subject to the approval of the Town Attorney. ~ Vote Record-Resolution RES-2010-243 gl Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Vota' [] [] [] [] [] Tabled Vincent Orlando Voter [] Withdrawn [] [] [] [] Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scoil Russell Voter [] [] [] [] ~I Supt Hgwys Appt 2010-244 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney 2010 Letter of Intent - Pump Out Boat RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Letter of Intent, Clean Vessel Assistance Program Operation & Maintenance Annual Application, request for reimbursement form~ and any other accompanying documents between the Town of Southold and the New York State Environmental Facilities Corporation in connection with the filing of a Clean Vessel March 23, 2010 Page 23 Southold Town Board Meeting Minutes Assistance Program Operation & Maintenance Grant Program Annual Application for 2010 for grant funds up to the maximum amount of $5,000 per boat regarding the two pump-out boats owned and operated by the Town of Southold, utilized for the Town and Fishers Island, subject to the approval of the Town Attorney. e' ¥~z ~rd- Resolution P.~S.2010-244 . Adopt~ Adopt~ as ~d~ ~ Ye~Aye No~ay . Abstain Absent ~t~ William Ruled ~itiator ~ ~ ~ ~ Tabl~ Vinc~t Orl~do S~ond~ ~ ~ ~ ~ Wi~ Chhstoph~ Taint Vot~ ~ ~ ~ ~ Sup~i~s Appt Tax R~v~'s Appt AIb~ Kmpski Jr. Vot~ ~ ~ ~ ~ R~cind~ ~uim P. Evans Vot~ ~ ~ ~ ~ To~ Cl~k's Appt ScoU R~sell Vot~ ~ ~ ~ ~ Supt Hgwys Appt 2010-245 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Contract Between the Town of Southold and the North Fork Audubon Society in Connection with the Beach-Dependent Species Management RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the contract Between the Town of Southold and the North Fork Audubon Socie .ty in connection with the beach-dependent species management in the total amount of $20,000.00 as follows: Down Payment: 2na Payment: 3~ Payment: 4th Payment: 5th Payment: $4,000.00 within 10 business days of contract signing $4,000.00 Upon receipt of mid-season report due 6/15/10 $2,000.00 Upon receipt of end of season report due 9/15/10 $4,000.00 At start of Season 3/1/11 $4,000.00 Upon receipt of mid-season report due 6/15/11 6th & Final Payment: $2,000.00 Upon receipt of end of season report due 9/15/11 for the term through March 1~ 2012, all in accordance with the approval of the Town Attorney. ..t vo~e Record - Re~ointion RES-2010-245 [] Adopted [] Adopted as Amended yes/Aye No/Nay : Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter 1~ [] [] [] [] Supervisor's Appt Albert Krupski Jr. Seconder [] I'~ [] F1 [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hl~wys Appt March 23, 2010 Page 24 Southold Town Board Meeting Minutes 2010-246 CATEGOR~ DEPARTMENT: Seqra Town Attorney LL/Amendments to Chapter 275 SEQRA RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local Law in relation to Amendments to Chapter 275~ Wetland and Shoreline" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated March 19, 2010, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Vote Record - Resolution RES-2010-246 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisot's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Seconder ~ [] [] [] [] [] Town Clerk's Appt Scott Russell Voter V~ [] [] [] [] Supt Hgwys Appt 2010-247 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Public Works Peconic Community Center Improvements RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement with Vetter Environmental Science in connection with the improvements to the Peconic Community Center, in the amount of $2,650, for an asbestos and lead paint survey, at the Community Center, all in accordance with the approval of the Town Attorney. March 23, 2010 Page 25 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended Yes/A e No/Na Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled [] Withdrawn ~ih~i ~ian~ Voter ~ FI Fl F1 [] Supervisor's Appt Christopher Talbot Seconder ~ F1 F1 ~ [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Lo~i~P~ ~ lniii~t0,' r~ D ~ FI [] Town Clerk's Appt Scott Russell ~ter ~ ri ; FI gl [] Supt Hgwys Appt 2010-248 CATEGOR~ DEPARTMENT: Contracts, Lease & Agreements Public Works Peconic Community Center Improvements RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement with JBH Environmental Restoration~ 194 Atlantic Avenue~ Garden Cit~ NY~ in connection with the Peconic Community Center Improvement Project, in the amount of $21,225, all in accordance with the approval of the Town Attorney. Vote Record - Resolution RES-2010-248 I~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Absta n Absent William Ruland Voter [] [] [] [] [] Tabled [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot initiator [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] D Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-249 CATEGORY: Employment - Town DEPARTMENT: Accounting Permission to Advertise for PT Home Health Aide RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for the position of part-time Home Health Aide for the senior nutrition program at the Human Resource Center at a rate of $13.04 per hour. March 23, 2010 Page 26 Southold Town Board Meeting Minutes gn Adopted [] Adopted as Amended Yes/Aye N~NaY Abstain Absent [3 Defeated William Ruland Initiator [] [] El [~ [] Tabled Vincent Orland0 Seconder I~ [] [] [] [] Withdrawn C~s[gPh~ Ta!bot Voter [] [] [] [] [] Superviso~'s Appt Albert Krupski Jr. Voter El u1 [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-250 CATEGOR~ DEPARTMENT: Budget Modification Public Works Laurel Lake Preserve - iVYS Parks Grant Fiscal Impact: Laurel Lake Preserve - NYS Parks Grant for Laurel Lake Trail & Site Improvements. This Project is funded 100% by the NYS Parks grant RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 budget as follows: To: H3.3097.20 Capital Grant NYS Parks, Laurel Lake Preservation and Trail Plan $49,897 To-' H3.8710.2.400.300 Capital Outlay, Contracted Services Laurel Lake Preservation & Trail Plan $49,897 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William RulandVoter [] F1 12 Fl [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn [] Supervisor's Appt Christopher Talbot Voter [] [] []~ [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-251 CATEGORY: DEPARTMENT: Budget Modification Public Works March 23, 2010 Page 27 Southold Town Board Meeting Minutes Bittner Preserve NYSDOS, EPF Grant Fiscal Impact: The Bittner Preserve Project is funded $100% by a EPF grant from NYSDOS RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 budget as follows: To: H3.3097.30 Capital Grant, NYSDO$ Bittner Preserve Improvements $175,931 To: H3.8710.2.400.400 Capital Outlay, Contracted Services Bittner Preserve Improvements $175,931 [] Xab~ed 9i~C~t o~ia,ao S~0~a~r ~ rn rn [] [] Supervisor's Appt A!b~ Krupsk! Jr' !nitiat0[ ~ [3 [3 [] [] Supt Hgwys Appt 2010-252 CATEGORY: DEPARTMENT: Employment - Town Accounting Appoin~ Diana l~hitecavage to P/T Account Clerk RESOLVED that the Town Board of the Town of Southold hereby appoints Diana Whitecavage to the position of a Part-Time Account Clerk for the Accounting and Finance Department, effective March 29, 2010, at a rate of $13.80 per hour, not to exceed 17.5 hours per week. March 23, 2010 Page 28 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended yes/A~~ N0/N~y Abstain Absent [] Defeated wiiiiam Ruland Votex [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn C~Stopher Taibot Seconder [] [] : [] [] [] Superviso~'s Appt [] Tax Receiveffs Appt Albert Kmp~I6 ~r. , 'vo[~ ~ KJ [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-253 CA TEGOR Y: DEPARTMENT: Home Rule Request Town Clerk Amend the Request to Enact 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.6774A and Assembly Bill A.9861A and WHEREAS, the bill seeks to amend the bill 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 Transportation 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 the amendment of Senate Bffi S.6774A and Assembly Bill A.9861A 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 Peconie Bay Regional Transportation Authority to replace the Metropolitan Transportation Authori .ty". Vote Record - Resolution RES-2010-253 [] Adopted El Adopted as Amended Yes/Aye No/Nay Abstain Absent [3 Defeated Willimn Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [3 Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-254 CATEGORY: Home Rule Request March 23, 2010 Page 29 Southold Town Board Meeting Minutes DEPARTMENT: Town Clerk Request the Enactment of Senate Bill S. 7036 and Assembly Bill A.4665A Entitled "AN ACT to Amend the Public Authorities Law, in Relation to the Creation of the Peconic Bay Regional Transportation Authority" WHEREAS, a bill has been introduced in the State Legislature as Senate Bill S.7036 and Assembly Bill A.4665A and WHEREAS, the bill would create the Peconic Bay Regional Transportation authority; the authority shall be a body corporate and politic constituting a public benefit corporation; 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.7036 and Assembly Bill A.4665A entitled "AN ACT to amend the public authorities law~ in relation to the creation of the Peconic Bay regional transportation authority". Vote Record - Resolution RES~2010-254 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn [] Supervisors Appt Christopher Talbot Seconder [] [] [] [] [] Tax Receiver's Appt Albert Krapski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Initiator [] [] [] [] [] Supt Hgwys Appt 33. Comments regarding resolution 254 SUPERVISOR RUSSELL: Let me just quickly clarify, this by no means creates Peconic county transportation authority. It is merely enabling legislation at the state level so that that issue can continue to be explored in light of recent MTA developments. 2010-255 CATEGOR~ DEPARTMENT: Organizational Town Clerk Temp Marriage Officer RESOLVED that the Town Board of the Town of Southold hereby appoints Town Assessor Robert L Scott as a Temporary, Marriage Officer for the Town of Southold, on September 25, 2010 only, to serve at no compensation. March 23, 2010 Page 30 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absen~ [] Defeated William Ruland Voter l~ [] [] [] [] Tabled Vincent Orlando lniiiat~ ~ [] [] [] [] Withdrawn Christopher Talbot Second~ [] [] [3 F1 [] Supervisor's Appt Albert Kmpski Jr. Voter [] [] [3 [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hswys Appt 2010-256 CATEGORY: DEPARTMENT: Advertise Town Clerk Advertise for Part-Time Secretary in the Police Department RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for the position of part-time Secretary in the Police Department, not to exceed 17.5 hours per week. Vote Record -Resolution RES-20t0-256 [] Adopted [3 Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [3 Tabled Vincent Orlando [] [3 [3 U ~ Withdrawn Christopher Talbot [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Alber~ Krupski Jr. [] [] [] [] Louisa P. Evans [] [] U [] [] Rescinded [] [] Town Clerk's Appt Scott Russell · E] U [] [] Supt Hgwys Appt 36. Comments regarding resolution 256 COUNCILMAN KRUPSKI: I would like to ask the Town Attorney for clarification on this. COUNCILMAN ORLANDO: Should we hold this? Or can we hold this until we need to post it? In regard to what we talked about in executive session. TOWN ATTORNEY FINNEGAN: This is the PBA, yes, you can table it. COUNCILMAN KRUPSKI: Okay. I will make a motion to table. 2010-257 CA TE G OR Y: DEPARTMENT: Budget Modification Town Attorney Budget Modification - Browns Hills SEQRA Fiscal Impact: for the purpose of covering expenses associated in connection with the SEQRA review being performed by Nelson, Pope & Voorhis, LLC for the Water Map Amendment for the Browns Hills Subdivision in Orient: March 23, 2010 Page 31 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2010 budget as follows TO: A.1010.4.500.300 Town Board, Environmental Consultant $500.00 FROM: A. 1990.4.100.100 Unallocated Contingencies $500.00 i ~ Vote Reeord, Resolution RES-20~0-257 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt H~wys Appt 2010-258 CA TEGOR Y: Advertise DEPARTMENT: Town Clerk Advertise for Seasona! Scale Operator at the Collection Center RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for the position of Seasonal Scale Operator at the Collection Center. Vote Record - Resolution RES-2010-258 [] Adopted [] . Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [3 [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 39. Comments regarding resolution 258 SUPERVISOR RUSSELL: I thought that was seasonal full-time and that's qualifying as a part- time position. COUNCILMAN TALBOT: May to... March 23, 2010 Page 32 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Yes, Memorial Day weekend to Labor Day weekend. Seasonal full- time. JUSTICE EVANS: How about if we just say advertise for seasonal scale operator? SUPERVISOR RUSSELL: Yes. 2010-259 CATEGORY: DEPARTMENT: Seqra Town Attorney Authorizes Supervisor Scott A. Russell to Retain Nelson, Pope & Voorhis, LLC to Perform a SEQRA Review for an Amendment to the Water Map Regarding the Browns Hills Subdivision in Orient RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to retain Nelson~ Pope & Voorhis~ LLC to perform a SEQRA review for an Amendment to the Water Map regarding the Browns Hills Subdivision in Orient~ in accordance with their Proposal dated March 8, 2010, at a cost not to exceed $3,500.00 (Budget Line A. 1010.4.500.300), subject to the approval of the Town Attorney. Vote Record - Resolution RE8-2010-259 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [3 Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [3 Supt Hgwys Appt 2010-260 CATEGORY: DEPARTMENT: Committee Appointment Town Attorney Orient-East Marion Park District Commissioner Appointment WHEREAS, the Town Board of the Town of Southold hereby accepts the resignation of Stewart Horton from his position as Commissioner of the Orient-East Marion Park District effective March 13, 2010; WHEREAS, Mr. Horton's term expires on December 31,2011. NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold, in accordance with the provisions of Town Law Article 13, hereby appoints Linda Goldsmith to March 23, 2010 Page 33 Southold Town Board Meeting Minutes serve as an Orient-East Marion Park District Commissioner effective immediately through December 31~ 2010; and be it fu~tter RESOLVED that thc remainder of Mr. Horton's term will bc served by an individual duly elected at the next election. [] Vote ReCOrd - Resolution RE8-2010-260 gn Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [3 Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn [] Supervisor's Appt Christopher Talbot Voter I~ [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter I~ [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Towa Clerk's Appt Scott Russell Voter [] [] [3 [] [] Supt Hgwys Appt 2010-261 CATEGOR~ DEPARTMEN~ Committee Appointment Town Attorney Orient-East Marion Park District Commissioner WHEREAS, the Town Board of the Town of Southold hereby accepts the resignation of Mary Foster Morgan from her position as Commissioner of the Orient-East Marion Park District effective March 13,2010; WHEREAS, Ms. Morgan's term expires on December 31, 2010. NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold, in accordance with the provisions of Town Law Article 13, hereby appoints Linton Duell to serve as an Orient-East Marion Park District Commissioner effective immedintelv through December 31~ 2010. [] Tabled Vincent Orlando Initiator Louisa Pi Evans voter [] Town Clerk*s Appt Scott Russell Voter 43. Comments regarding resolution 261 SUPERVISOR RUSSELL: Let me just quickly clarify, that is an appointment that is made as a result of state law. This is only till the end of the year at which point elections will be scheduled March 23, 2010 Page 34 Southold Town Board Meeting Minutes and you will have a duly elected board of commissioners in East Marion-Orient for the park district. 2010-262 CATEGOR~ DEPARTMENT: Enact Local Law Town Clerk LL/Amendments to Chapter 275 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 2nd day of February, 2010, a Local Law entitled "A Local Law in. relation to Amendments to Chapter 275~ Wetlands and Shoreline" and WHEREAS that the Town Board of the Town of Southold held a public heating on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline" which reads as follows: LOCAL LAW NO. 1 of 2010 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to provide for the health, safety and welfare of the citizens of the Town of Southold, and to protect the natural protective areas existing within the Town, it is necessary to make certain amendments to Chapter 275. These amendments are intended to support the protection of environmental features within the Trustees' jurisdiction, simplify the permit process, codify and clarify policies and strengthen enforcement. II. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: ARTICLE 1 General Provisions § 275-4 Exceptions. [§ 275-4 A(1) through (3) and (5) through (11) - text remains the same.] A. The provisions of this chapter shall not require a permit for the following: March 23, 2010 Page 35 Southold Town Board Meeting Minutes (4) The ordinary and usual operations relative to residential horticulture within Trustees' jurisdiction provided they are limited to the use of noninvasive native species of vegetation. This exception does not include activity on a bluff. Re- grading and removal of trees are not considered such ordinary and usual operations. ARTICLE II Permits § 275-5 Permit procedures. [§ 275-5 B(1), B(2)(a) through (f) and (h) through (p) - text remains the same.] B. Administrative permit. (2) The following operations will be considered for administrative review, in accordance with the standards set forth in § 275-11. The Board of Trustees may consider operations for administrative review other than those listed below if the operations fall within the definition as set forth in § 275-5 B(1): (g) The demolition, removal, relocation, repair and/or upgrading of existing fuel tanks of less than 550 gallon capacity~ fuel lines, fuel dispensers, cesspools, septic systems, or sanitary wastewater activities, including necessary site work, and provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. (q) An application for proposed aquaculture activity that includes surface mounting gear in an area greater than five square yards. C. Emergency permits. The Trustees may issue a temporary emergency permit where specific exigent circumstances exist that may result in personal or property loss or damage. Upon expiration of temporary permit or before the date of expiration, the applicant must apply for a permit as set forth in §§ 275-5, 275-6 and 275-7. § 275-7 Fees. [§ 275-7 A through D and F - text remains the same.] Dock and float fee. Every application for a new dock or float shall include a fee equal to $3 per square foot cf!:.ncar !cngth for residential and commercial docks. Commercial docks are any structures that are rented, leased or otherwise used to generate income, including, but not limited to, those structures located on properties zoned M1 and M2. § 275-8 Processing of application. March 23, 2010 Page 36 Southold Town Board Meeting Minutes [§ 275-8 A through G - text remains the same.] Administrative permits. An administrative permit includes operations that are is-deemed to have no adverse environmental impact zn the wetlands and t'.'da! water: cf~e and a public hearing and notice are not required prior to issuance of a permit. The final decision will be made upon resolution. § 275-10 Contents of permit. [§275-10 A through J and L - text remains the same.] A statement that "The permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County D~a.~'"a'n. cnt cf Rea! Prc~eX~e: Clerk's. Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within 90 calendar days of issuance of this permit." § 275-11 Construction and operation standards. [§ 275-11 A, B(1)(a) through (b) and (d) through (m) - text remains the same; §275-11 C(1), (2)(a)[1] through [8] and [10] through 13 - text remains the same.] B. Shoreline structures. C. In water. (2) Docks. (a)[9] All applicants for docks, including catwalks and ramps, extending across the foreshore shall be required to give and maintain a public passing way on the landward end of the dock, cn ~e upland, not less than five feet in width, to enable persons to pass and repass around said dock or by steps or a ramp allowing pedestrian passage. § 275-12.1. Stop-work orders. The Bay Constable. Zoning Inspector, or Code Enforcement Officer is authorized to issue stop-work orders pursuant to this section. The Bay Constable, Zoning Inspector, or Code Enforcement Officer shall issue a stop-work order to halt: (1) Any work that is determined by the Bay Constable, Zoning Inspector, or Code Enforcement Officer to be contrary to any applicable provision of this chapter, or: March 23, 2010 Page 37 Southold Town Board Meeting Minutes (a) Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Bay Constable, Zoning Inspector or Code Enforcement Officer, without regard to whether such work is or is not work for which a Trustee permit is required, and without regard to whether a Trustee permit has or has not been issued for such work; or [§275-12.1 A(1)(b) - text remains the same.] B. Stop-work orders shall: (1) Be in writing; (2) Be dated and signed by the Bay Constable, Zoning Inspector, or Code Enforcement Officer; [§275-12.1 B(3) and (4) - text remains the same.] The Bay Constable, Zoning Inspector, or Code Enforcement Officer shall cause the stop- work order, or a copy thereof, to be served on the owner of the affected property, and if the owner is not the permit holder, on the permit holder, personally or by certified mail to the owner or permit holder and posting at the work site. The Bay Constable, Zoning Inspector, or Code Enforcement Officer shall be permitted, but not required, to cause the stop-work order, or a copy thereof, to be served on any or all of the following: builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the stop-work order, personally or by certified mail and posting; provided, however, that failure to serve any person listed above shall not affect the efficacy of the stop-work order. [§275-12.1 D and E - text remains the same.] ARTICLE III Administration and Enforcement § 275-15. Coordination and enforcement. The Director of Code Enforcement, Zoning Inspector, and/or the Bay Constable are responsible for coordination and enforcement of the provisions of this chapter. The Director of Code Enforcement, Zoning Inspector, and Bay Constables have the authority to issue violations of this chapter. § 275-16. Compliance requirements; penalties for offenses. It shall be unlawful for any carter, owner, occupant, builder, architect, contractor or their agents or any other person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Director of Code March 23, 2010 Page 38 Southold Town Board Meeting Minutes Enforcement, Zoning Inspector, or Bay Constable or to conduct any operation in a manner not in compliance with a permit issued pursuant to this chapter. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto, or failure to comply with a written notice or order of any Director of Code Enforcement, Zoning Inspector, or Bay Constable within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Director of Code Enforcement, Zoning Inspector, or Bay Constable shall be subject to the following fine schedule. Each day on which such violation occurs may constitute a separate, additional offense. [§ 275-16 B (1) through (6) - text remains the same.] Other offenses. For an offense against any of the provisions of this Chapter not specifically designated above, a violator shall be subject to a fine of not more than $1,000.00. IlL SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as Vote Record - Resoluaon RES-2010-262 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn CinSstopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Voter [] [] [] 13 [] Tax Receiver's Appt [] Rescinded Louisa P, Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt VI. Public Hearings Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 8:06 PM in order to hold a public hearing. RESULT: ADOPTED IUNANIMOUS] March 23, 2010 Page 39 Southold Town Board Meeting Minutes MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell PH Chapter 275 3/23/2010 7:35 pm COMMENTS - Current Meeting: COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 2nd day of February 2010, a Local Law entitled "A Local Law in relation to Amendments to Chapter 275~ Wetland and Shoreline" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 23rd day of March, 2010 at 7:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to provide for the health, safety and welfare of the citizens of the Town of Southold, and to protect the natural protective areas existing within the Town, it is necessary to make certain amendments to Chapter 275. These amendments are intended to support the protection of environmental features within the Trustees' jurisdiction, simplify the permit process, codify and clarify policies and strengthen enforcement. II. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: ARTICLE 1 General Provisions § 275-4 Exceptions. [§ 275-4 A(1) through (3) and (5) through (11) - text remains the same.] A. The provisions of this chapter shall not require a permit for the following: (4) The ordinary and usual operations relative to residential horticulture within Trustees' jurisdiction provided they are limited to the use of noninvasive native species of vegetation. This exception does not include activity on a bluff. Re- grading and removal of trees are not considered such ordinary and usual operations. ARTICLE II Permits § 275-5 Permit procedures. [§ 275-5 B(1), B(2)(a) through (f) and (h) through (p) - text remains the same.] B. Administrative permit. (2) The following operations will be considered for administrative review, in accordance with the standards set forth in § 275~11. The Board of Trustees may March 23, 2010 Page 40 Southold Town Board Meeting Minutes consider operations for administrative review other than those listed below if the operations fall within the definition as set forth in 8 275-5 B(1): (g) The demolition, removal, relocation, repair and/or upgrading of existing fuel tanks of less than 550 gallon capacity, fuel lines, fuel dispensers, cesspools, septic systems, or sanitary wastewater activities, including necessary site work, and provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. (q) An application for proposed aquaculture activity that includes surface mounting gear in an area greater than five square yards. Emergency permits. The Trustees may issue a temporary emergency permit where specific exigent circumstances exist that may result in personal or property loss or damage. Upon expiration of temporary permit or before the date of expiration, the applicant must apply for a permit as set forth in 88 275-5, 275-6 and 275-7. § 275-7 Fees. [8 275-7 A through D and F - text remains the same.] E. Dock and float fee. Every application for a new dock or float shall include a fee equal to $3 per square foot ogtiaeaiqet~th for residential and commercial docks. Commercial docks are any structures that are rented, leased or otherwise used to generate income, including, but not limited to, those structures located on properties zoned M1 and M2. § 275-8 Processing of application. [8 275-8 A through G - text remains the same.] H. Administrative permits. An administrative permit includes operations that are is-deemed to have no adverse environmental ' ~- '~- ..... ,~.~ ~,~ ,:~.~ ~c~,~ ~- ..... Impact ......................... and a public hearing and notice are not required prior to issuance of a permit. The final decision will be made upon resolution. § 275-10 Contents of permit. [8275-10 A through J and L - text remains the same.] K. A statement that "The permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Department cf Rea! Prc, perties Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within 90 calendar days of issuance of this permit." § 275-11 Construction and operation standards. [§ 275-11 A, B(1)(a) through (b) and (d) through (m) - text remains the same; 8275-11 C(1), (2)(a)[1] through [8] and [10] through 13 - text remains the same.] B. Shoreline structures. C. In water. (2) Docks. (a)[9] All applicants for docks, including catwalks and ramps, extending across the foreshore shall be required to give and maintain a public passing way on the landward end of the dock, oi~ae-uptaml, not less than five feet in width, to enable March 23, 2010 Page 41 Southold Town Board Meeting Minutes persons to pass and repass around said dock or by steps or a ramp allowing pedestrian passage. § 275-12.1. Stop-work orders. A. The Bay Constable, Zoning Inspector, or Code Enforcement Officer is authorized to issue stop-work orders pursuant to this section. The Bay Constable, Zoning Inspector, or Code Enforcement Officer shall issue a stop-work order to halt: (1) Any work that is determined by the Bay Constable, Zoning Inspector, or Code Enforcement Officer to be contrary to any applicable provision of this chapter, or: (a) Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Bay Constable, Zoning Inspector or Code Enforcement Officer, without regard to whether such work is or is not work for which a Trustee permit is required, and without regard to whether a Trustee permit has or has not been issued for such work; or [§275-12.1 A(1)(b) - text remains the same.] B. Stop-work orders shall: (1) Be in writing; (2) Be dated and signed by the Bay Constable, Zoning Inspector, or Code Enforcement Officer; [§275-12.1 B(3) and (4) - text remains the same.] C. The Bay Constable, Zoning Inspector, or Code Enforcement Officer shall cause the stop- work order, or a copy thereof, to be served on the owner of the affected property, and if the owner is not the permit holder, on the permit holder, personally or by certified mail to the owner or permit holder and posting at the work site. The Bay Constable, Zoning Inspector, or Code Enforcement Officer shall be permitted, but not required, to cause the stop-work order, or a copy thereof, to be served on any or all of the following: builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the stop-work order, personally or by certified mail and posting; provided, however, that failure to serve any person listed above shall not affect the efficacy of the stop-work order. [§275-12.1 D and E - text remains the same.] ARTICLE III Administration and Enforcement § 275-15. Coordination and enforcement. The Director of Code Enforcement, Zoning Inspector, and/or the Bay Constable are responsible for coordination and enforcement of the provisions of this chapter. The Director of Code Enforcement, Zoning Inspector, and Bay Constables have the authority to issue violations of this chapter. § 275-16. Compliance requirements; penalties for offenses. A. It shall be unlawful for any carter, owner, occupant, builder, architect, contractor or their agents or any other person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Director of Code Enforcement, Zoning Inspector, or Bay Constable or to conduct any operation in a March 23, 2010 Page 42 Southold Town Board Meeting Minutes manner not in compliance with a permit issued pursuant to this chapter. B. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto, or failure to comply with a written notice or order of any Director of Code Enforcement, Zoning Inspector, or Bay Constable within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Director of Code Enforcement, Zoning Inspector, or Bay Constable shall be subject to the following fine schedule. Each day on which such violation occurs may constitute a separate, additional offense. [§ 275-16 B (1) through (6) - text remains the same.] (7) Other offenses. For an offense against any of the provisions of this Chapter not specifically designated above, a violator shall be subiect to a fine of not more than $1,000.00. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. The complete proposed text amendments to Chapter 275 are made available at the Town Clerk's office and on the town website. I have a copy of the affidavit of posting on the bulletin board out front. We also have the affidavit of publication in the Suffolk Times on March 11, 2010. We have a copy of a letter from the Suffolk County Department of Planning; a letter of recommendation pursuant to the requirements of sections A1414 to 25 of the Suffolk county administrative code. "The above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter of local determination as there is no apparent significant countywide or intercommunity impacts. A decision of local determination should not be construed as either an approval nor disapproval." And also a letter fi.om the LWRP coordinator, Mark Terry, saying that this is consistent with the LWRP and also from the Southold Town Planning Board with the letters of recommendation to go forward. SUPERVISOR RUSSELL: Would anybody like to come up and comment on this particular local law? (No response) Okay, can I get a motion to close this discussion? RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell VII. Public Portion 1. Closing Statements March 23, 2010 Page 43 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: That concludes the agenda. What I would like to do now is open up the opportunity to all of you to come up and comment on any item of mutual interest. James, do you want to go now? BENJA SCHWARTZ: Just very quickly, in the state of the town address, I don't believe the Southold conservation agenda was mentioned. SUPERVISOR RUSSELL: Are you talking about the Group for the East End? MR. SCHWARTZ: Yes. SUPERVISOR RUSSELL: Because I had a meeting with Jeremy and we have already talked about it. We, certainly as part of the comp plan would rely on things like that and good science. MR. SCHWARTZ: Well, I just thought it would be appropriate today to mention it and in particular two maps which are in here. One is of the natural resources it says but it also shows very well in yellow all of the land that is still zoned for development but is not yet developed. So you can just imagine if all that land was developed. The no~th fork would be very different. And the other new map of the north fork that was released is of the water table. And it shows in broad strokes very clearly that the water table from Hashmomaque pond onwards, not just from the East Marion causeway to Orient Point but from Hashomomaque pond onwards is extremely shallow and we do not have a lot of water and it is at risk. So .... COUNCILMAN KRUPSKI: Actually those areas you talked about to the east of Hashomomaque, we have done an awful lot of preservation in that area. In the Pipes Cove area, from the sound all the way to the bay and, so much of that aquifer has been completely protected. And the other part of the aquifer going to the west, land preservation department ars been extremely active and it is really a long term approach because not every parcel, you know, every parcel is individually owned so not every parcel is available for preservation at the same time. So it is a really long term approach. MR. SCHWARTZ: Well, in some respect we are doing very well. In other respects, you know, the glass is half empty or it is full of chlorinated water. I don't like bleach in my water but. SUPERVISOR RUSSELL: James? JAMES SPANOS: Hi, my name is James Spanos and I wanted to speak about the moratorium that didn't go through earlier and how did this area get to this and how are we going to prevent this from happening on the north fork again? I feel that it is a lack of enforcement or a lack of employment down at the building department and I would like to ask the Board, do you have a plan for this not to happen again because every time something gets you know, every time something gets too much, you call for a moratorium and it is not the way to handle things. We have got to move forward. When a moratorium is called, when you, when stop work orders or moratorium are called, you are taking money out of people's pockets, putting a freeze on their livelihoods. So what is the plan for the furore for something like this not to happen again, what's March 23, 2010 Page 44 Southold Town Board Meeting Minutes. happening in Mattituck? SUPERVISOR RUSSELL: First of all, ! called for a moratorium on the processing, review and approval of site plans. We have all of two site plans and I apologize if that means it takes money out of Southland corporation's pocket and Chase Bank's pocket but I don't believe that it will affect local workers because generally those corporations hire outside contractors. Secondly, all the building permits that are available would still have been allowed, in fact, building permits are active right now for the restoration of some buildings up there that wouldn't have affected any of the truly local work. And how did it happen? It is not a question of code enforcement, it is a question of everything. It is a question of, frankly, the town not spending enough time paying attention to Mattituck historically. And I have mentioned this several times over the years. I tend to get sensitive because I am from the west end of town and I feel like the alarm bells never went off until we get past the two steeples in Cutchogue. Now is the time to take a good, hard look at Mattituck and make that a pedestrian friendly, vehicle safe community. We have grant applications in for a traffic roundabout up at Love Lane, we have ongoing initiatives. What I asked for of the Board was a timeout to evaluate the current land use, prospective land use and come up with something thoughtful and visionary for what we want Mattituck to look like five year from now. MR. SPANOS: Are you saying that the building department didn't have anything to do with lack of enforcement for that area, for what has become of that area? SUPERVISOR RUSSELL: It is not one thing, it is several things. MR. SPANOS: Damon Rallis today was telling us during the work session how he was over worked, he had, you know, a couple hundred complaints on this desk. Where, you know, he is only one man. It seemed like they are under employed there. I mean, I felt bad for the guy. I had an idea last time I came to this Board on complaints and how we can alleviate some of the complaints and the idea was for somebody to give a signed complaint and come down and submit it and, so we can get rid of at least half or three quarters of these anonymous complaints and I suggest we stop all anonymous complaints. Even if it is coming from the Board. If somebody has a complaint on the property, they need to come down, put their John Hancock on it and say, look, I have a problem with this property and then they can investigate. To send people around on anonymous complaints is overworking the building department, sending them on wild goose chases, when they could be focusing on real issues and working with the people to solve these issues, and I am wondering, will you think about or at least make a motion to get rid of these anonymous complaints? SUPERVISOR RUSSELL: I will tell you right now that actually any employee, any member of any commission, any member of any committee of Southold Town government is required to fill out, in fact, I just re-reminded the department heads in a meeting the other day, that they are required to fill out a, we have a process and a form for complaints. If you are an assessor or if you are a member of a committee and you see a complaint, you need to put that in writing and forward it over to Damon Rallis and or the Trustees, depending on the violation. The community itself, I wouldn't, and personally entertain the idea of anonymous complaints. I don't think it is March 23, 2010 Page 45 Southold Town Board Meeting .Minutes fair to make people risk their own sense of security and welfare because they just simply want to make a complaint on someone they perceive is not following the code. You have to remember, we work for these people. The people, these anonymous complaints, that is what we do. We all, whether a town board member or supervisor or code enforcement officer, that is the community we work for. It is their code, it is not mine. MR. SPANOS: Okay. So if, you are saying you are not entertaining the rule to take away anonymous complaints? SUPERVISOR RUSSELL: I wouldn't support it but the Board is welcome to weigh in. MR. SPANOS: I would ask the rest of the Board. Are you willing to support canceling anonymous complaints so we can alleviate some of the pressure on Damon Rallis? If we let the citizens make anonymous complaints, it doesn't make good neighbors, it just, it is more like a Stalinist society where, you know, you have rats running to the government and not allowing, not being a face to face society to you know, speak up and say, look, I am the man and this is what is i)othering me. COUNCILMAN KRUPSKI: You should have that conservation with Damon Rallis because he didn't make it clear how many complaints were anonymous and how many were anonymous and how many were, you know, up front. I get complaints from people about different things but I don't and I very rarely call, I think twice I spoke to Damon about something. But we have to talk to him and to see how many complaints he gets, are they just basic, a lot of them are neighbor complaints I am sure that are not, that just because the neighbors don't get along, so they are not code violations and it takes time for him to investigate. I know he sorts through a lot of things that probably aren't code enforcement. So we should probably talk to him about that to see how many in fact are legitimate and how many are just a gripe against someone they don't like. SUPERVISOR RUSSELL: I would also recommend that I am not sure that anonymous complaints are any less'accurate than ones with names on them. There are a lot of occasions where people perceive a code violation that simply doesn't exist. They put their name on it or they don't. But I will certainly talk to Damon about the stats, to see if anonymous complaints lead to more wild goose chases than complaints with names. But I have got to tell you, I am the supervisor, I am a member of, I am the police commissioner. If someone in my community thinks I am doing something without a building permit, they ought to have every right to come in and tell the building department without having to sign their name. I would imagine it would be intimidating for them to do that. And I wouldn't, I think they should feel like that building department and that code enforcement officer works for them directly and they ought to be able to do that. MR. SPANOS: I sat in this work session today and one of the board members suggested to enforce the code to Damon Rallis and Damon doesn't you know, said he is not a person to go and shut somebody down. And there was about what is going on across from Dickerson's marina. Whoever was running Dickerson's marina, the gentleman that was nmning it, I am March 23, 2010 Southold Town Board Meeting Minutes Page 46 wondering if he is here today but he moved across the street and is operating on a residential lot. I am sure there was more than enough time to go down there and stop him and I am sure he was warned to go down there and enforce the law. Now he claims the board has to put pressure on him to go down there and close him down. Today there was a motion to close him down. Nobody wanted to do anything. SUPERVISOR RUSSELL: There was no such proposal to close him down. The discussion was, he has already been served. And what we do is we try to stick to a little something we call due process. And he has already been served in Mattituck, he can come in and address his issues with the board of authority, in his case I believe the Zoning Board of Appeals and I believe the Planning Board. That is the process. COUNCILMAN TALBOT: I agree partially that that is a good point because one of the things he said and I asked that question was if you just gave him a violation, you didn't have him shut down and say if we did kick a moratorium into place, people who are legally going through the process of the town's review, planning board and whoever, they are getting stopped in the middle of the process, they have to spend a lot of money but the guy who is sitting there set up illegally can continue to operate until he goes for a variance or whatever he needs. MR. SPANOS: Thank you very much. That is what I am talking about. It almost seems like this town is rewarding the people who are not complying. And... SUPERVISOR RUSSELL: Again, my apologies to Chase Bank and 7-Eleven. Which are the only two applications pending. MR. SPANOS: Well, we don't talk about that. You are coming up with a whole proposal for accessory apartments, so that people that have been operating illegally for years and that is, I don't know if it is for votes or for what reason you are doing it but these people have been operating illegally and you said there is about 1,100 of them? SUPERVISOR RUSSELL: Eleven hundred accessory living units in the town. That counts illegal two and three family, four family. That counts converted garages, converted basements, what I told the paper and I reminded them in an email that I said if you look from Orient all the way to the Laurel line, you would probably have 1,100 or 1,200 illegal residential units of all kinds. MR. SPANOS: Okay. Well, are you enforcing the code? SUPERVISOR RUSSELL: As we find them, we do. MR. SPANOS: If you are giving them amnesty all of a sudden, it is almost like allowing them tO... SUPERVISOR RUSSELL: There is no such thing as amnesty. There is no proposal for amnesty in the proposed legislation and I would strongly recommend that you read it and understand it March 23, 2010 Page 47 Southold Town Board Meeting Minutes because it would only allow the expansion of accessory apartments for newer dwellings, the current code requires that the be co'd prior to 1982. We have updated that code and also they still need to be principal dwelling owners. They need to live there year round and then have an accessory apartment. MR. SPANOS: I asked Mr. Orlando for a copy. We can't receive a copy unless, it is not available to the public. I asked him for a copy today. He said the proposed amendment isn't available to the public until, what was it... COUNCILMAN ORLANDO: I said speak to the town attomey. But we are having another public meeting because we made .... SUPERVISOR RUSSELL: Let me explain, the law itself was actually not only available to the public, it appeared in its full text in the Suffolk Times, in the legal section. What we have done since then is we have listened to the public, the public has made some good recommendations. We will redraft the code, present that up for a public hearing again, with the full text of the amendments in the Suffolk Times legal section, copies and a public component. MR. SPANOS: I read portions of that and it is almost like if these people come forward and want to bring their apartments to legal status, you are saying it has to be brought up to today's codes. Let's say they put their apartments in 10 years ago, what's to bring, you know, it is a little scary for these people to come to you. SUPERVISOR RUSSELL: Why is that? MR. SPANOS: Because you are saying if they put an apartment in 10 years ago, it is obviously not grandfathered in because it is not legal, correct? SUPERVISOR RUSSELL: No, not necessarily. MR. SPANOS: Okay. So to bring it up to today's standards could cost tens of thousands of dollars. SUPERVISOR RUSSELL: From the state building code of 10 years ago? First, you are presuming that the apartment wasn't done without a building permit, it is in many times, they get the building permit for the expansion or the addition to the home. What they do after the process is co'd out is they add those small amenities that make it an apartment. The plug in stove, things like that. You know, there are so many, I spent many years on the road, I have seen every type of residential contraption you can imagine. The presumption that they are all unsafe and illegal is just not true. What we are trying to do is, this law is intended to allow people who can't, can no longer afford to stay in their homes, to be able to create some income and to create stepping stones to safe, sound housing for people in this community because there simply is no option for affordable housing fight now. MR. SPANOS: Would it make sense to exhaust all of the available housing before you go to March 23, 2010 Page 48 Southold Town Board Meeting Minutes. somebody's garage and let them make an accessory apartment there? Wouldn't it make sense to take existing apartments like, let's say an old motel that has been running as accessory apartments for years? SUPERVISOR RUSSELL: You... MR. SPANOS: Hold on a minute. Hold on a minute. And today there are many old motels that are running as apartments and operating in a legal fashion with nobody bothering them. Now I am asking, did the town go out and look to see if there is any other alternative to make housing for the low income people? SUPERVISOR RUSSELL: That is exactly what we did with this law and I don't think you understand it, there is two separate, distinct components to this legislation. One is to add to the inventory of apartments in residential structures. The second component, which is for accessory structures, would require that the occupant is either a direct family member as defined by code or someone off the specific affordable housing registry or could qualify to be on the affordable housing registry. Those are two very narrow circumstances. It is designed exactly to create housing for lower income people, people of less means and or family members that are looking to stay in the community. MR. SPANOS: What about existing apartments that have been operating as apartments, you were about to say something, like in our circumstances or other apartments like... SUPERVISOR RUSSELL: Those are commercial zones and we didn't address this law for commercial zones. MR. SPANOS: Will you be willing to you know, think about allowing these apartments that are already operating and have been operating to continue to operate. SUPERVISOR RUSSELL: I wouldn't. MR. SPANOS: You wouldn't. SUPERVISOR RUSSELL: I wouldn't. MR. SPANOS: Well, then .... SUPERVISOR RUSSELL: There are no safeguards there. The thing is on the residential side... MR. SPANOS: I am not talking about just ours. SUPERVISOR RUSSELL: Oh, I don't care. I am explaining my concerns. You need to the principal dwelling owner on site to ensure pride of ownership and good enforcement and good community character. That is the linchpin of our legislation. It requires the homeowner, who has a tremendous amount of pride and investment in that property to maintain it. If they can't March 23, 2010 Southold Town Board Meeting Minutes. Page 49 follow that, then they simply are not allowed to have an apartment. The intent is to keep people here that are maybe retired and whose pension isn't quite covering the mortgage and taxes anymore. It is designed as a stay in place piece of legislation. I am not interested in expanding apartments into the commercial zones. I don't think we, we certainly don't have the public sewer system... MR. SPANOS: Even ifthey were existing? SUPERVISOR RUSSELL: It doesn't matter, they are not existing with sanction. We do not have a public sewer system that would handle that, we do not have appropriate oversight and what we are trying to do is focus the housing need in the housing zones. That is where we want housing, where the houses are. Not where the commercial properties are. MR. SPANOS: Okay. There is one more thing I wanted to touch base on and it, the gentleman that is having the problem in Mattituck, I tried to comply with the law and not long ago, the town took away some parking on my family's gas station on the street. They took away half of the parking. If I didn't come down, you would have took away the whole thing. I spoke to the building department, I am trying to extend the parking. You even, I think you were the only one on the Board that voted against the parking, you said that we should create our own parking on our property. I went down to the, actually I called, I called Damon and he said there is no way I can do that. We own the lot next to the gas station. I wanted to extend the parking over there, to allow cars to park there so it can alleviate some of the congestion from the convenience store. SUPERVISOR RUSSELL: What you would need to do is make an application to the Zoning Board of Appeals. It is an accessory use variance that you would be seeking. That would be for accessory uses to a principal use, which is your automotive, on that site. It is an application. You can't, as a matter of right do it, but you certainly can ask for it through the Zoning Board of Appeals. It is done all the time. MR. SPANOS: The gentleman that is operating Dickerson's, he just went and did it and you guys are contemplating allowing him to continue to do it. SUPERVISOR RUSSELL: Again, it is a question of I strongly encourage you to get to know the facts. Mr. Dickerson received an accessory use allowance for the storage of those boats on the residential section of that property several years ago from the Zoning Board of Appeals. He has since relocated in that narrow commercial zone he has on the top side. We just issued a summons because he did that without planning board approval, with out ZBA approval. MR. SPANOS: He might have done that on the commercial property that's on Factory Avenue but he recently purchased another parcel that is residential. You keep saying commercial. It is not commercial at all. SUPERVISOR RUSSELL: No, it is all one parcel he has owned for years. MR. SPANOS: Light industrial and it is residential. March 23, 2010 Page 50 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: No, what it is, you are talking about the piece right behind Dairy Queen? MR. SPANOS: That he only bought two, three years ago. SUPERVISOR RUSSELL: No, actually he has had it for a long time. It is all one piece of property. It is split zoned. The business zoning goes about 20 feet behind the Dairy Queen. But it is all one piece of property. It has been one piece of property for eons. It isn't he didn't just recently acquired it, he has owned it for years. That is the piece he wants the ZBA and I, you know, what is your point? To help yourself and screw Mr. Dickerson? I am not sure. MR. SPANOS: He had a trailer on one of them and he changed the trailer out and put another trailer, you are saying .... SUPERVISOR RUSSELL: That is not Dickerson's marine. That is North Shore Yacht sales. That is a separate piece of property that is to the west and to the south. MR. SPANOS: That is not where I am talking about. Is that a residential piece that is being used as commercial? SUPERVISOR RUSSELL: No, it is a commercial piece of property being used as commercial and he has overlapped into the residential use next door. MR. SPANOS: That is what I am talking about. The residential use. SUPERVISOR RUSSELL: That is what was discussed today. We need to clean all of that up. That is what the goal of the moratorium was that I proposed. MR. SPANOS: Right. COUNCILMAN ORLANDO: James, before you run, you had started your conversation about the moratorium and you had asked today, so I wanted to remind you how it ended. I agreed with Councilman Krupski that if we can come up with specific guidelines on the moratorium, you know, we would look into it and how it ended was Scott said let's try to put together a specific moratorium and Albert was nice enough to volunteer he and I to work with Scott, to work on a specific moratorium in that area that really wouldn't hurt the business person but also rectify the traffic issues that are there. Because it is a quandary there, there is business but there is a real concern on health and safety there, too. So that is how it ended. I wanted to remind you. MR. SPANOS: I remember how, I remember that Mr. Orlando, you are very cautious on not hurting the average person and I would hope that everybody that is an elected official would realize that that's what your job is, you are not here to hurt us and... COUNCILMAN ORLANDO: That is right. March 23, 2010 Southold Town Board Meeting Minutes Page 51 MR. SPANOS: In the past, you know, selective law enforcement has hurt people in this area. SUPERVISOR RUSSELL: The lack of selective enforcement has also lead to the exploitation of many people who simply do not have the means to defend themselves. We need to stop that too. COUNCILMAN KRUPSKI: And getting back to the moratorium and the corridor study, this Town Board agreed to do a corridor study months ago, the Planning Board staff is really busy with everything else and very little had been done, so now we are going to move to probably hire a consultant to try to help us focus on the corridor study. We are looking at over 200 parcels between the railroad bridge and the end of the, to the east end. So it is a big area, everything that is zoned commercial or business and that sort of, you know, non-residential has got to be looked at because of the different uses that could potentially move in and I don't think anybody wants this town to look like the town to the west. MR. SPANOS: Yeah, I agree. That is what our goal is. We don't want to overdevelop this. I am all for it. And I would hope, you know, we all achieve our dream of Southold Town 20 years or 50 years down the road for our grandchildren, of leaving it rural and safe. So thank you for your time and I will talk to you guys. SUPERVISOR RUSSELL: Melanie? MELANIE NORDEN: Good evening, Melanie Norden, Greenport. Vinnie, maybe you or A1 could summarize the discussion today vis-&-vis the moratorium which I and other people did support vigorously. It is a concept and what your timetable is because I know there was supposed to be a corridor study and the Planning Board is very busy and we do respect that, we think the comprehensive master plan is a terrific idea. It will be a year to a year and a half out, in the meantime, we have a presenting problem and you have listened to petitioner's get up and talk about this issue which is an environmental, a health, a safety issue and worse, maybe, or equally, it just looks plum ugly. In that whole corridor in Mattituck. So let me know what you are planning to do, summarize today's discussion and what the timetable is to go forward and not probably a consultant but what consultant and when? COUNCILMAN KRUPSKI: Well, we couldn't decide on a consultant yet but .... MS. NORDEN: Why not? COUNCILMAN KRUPSKI: We would have to probably put it out to bid. MS. NORDEN: No, could you just summarize .... SUPERVISOR RUSSELL: Let me explain, they did support the consultant that I recommended and they actually supported the corridor study. What we did do is instruct Heather Lanza to go out and get RFP's from the few consultants that have generally worked with the town, so they have a good working knowledge of the town, Voorhees, etc. She is bringing them back to the March 23, 2010 Page 52 Southold Town Board Meeting Minutes work session in two weeks. MS. NORDEN: Great. Okay. And then at that point, you will probably hire a consultant... SUPERVISOR RUSSELL: They can hire that day. MS. NORDEN: Right. For a corridor study or to investigate whether a moratorium makes sense? COUNCILMAN KRUPSKI: Both really. SUPERVISOR RUSSELL: It is my job to convince this Board that a moratorium makes sense while that corridor study is under way. I haven't done that. They have asked for a specific outline with specific goals. I am going to try to work on that and present it to them in two weeks. MS. NORDEN: Okay. and why would we need such specific goals and more? I mean, what makes the other Board members not supportive of a moratorium? COUNCILMAN TALBOT: You want to know what the purpose of the moratorium is. You are not going to start a moratorium... MS. NORDEN: I thought that was, okay... COUNCILMAN ORLANDO: Do we want to cast a big net without really looking at who we are really affecting, so we wanted to be more specific in what we were going to do so we didn't hurt someone accidentally. MS. NORDEN: What do you mean, who you are affecting? COUNCILMAN ORLANDO: We don't know. COUNCILMAN KRUPSKI: All the businesses that operate. MS. NORDEN: But we already know that the public, from everything that you have heard, quite honestly, is deeply affected. You have petitioners, you have 1,200 signatures and more. COUNCILMAN TALBOT: I thought .... MS. NORDEN: Excuse me, please do not interrupt me until I am done, I didn't interrupt you and I would just prefer saying this. You have the signatures, you have a lot of testimony at Planning Board meetings, at this Board hearing on several occasions. If you are talking about who, by businessmen, then I am saying that is only one part of a much larger equation. If you are telling me that you are concerned about what businessmen you are going to affect, that is a real problem because we are also talking about the public at large. We are not just talking about March 23, 2010 Page 53 Southold Town Board Meeting Minutes Chase Bank and Dickerson Marine and a few other businesses that might or might not be affected by a short proposed, defined period of time moratorium .... COUNCILMAN ORLANDO: Well, that... MS. NORDEN: ...i.e. four months, so who do you mean by who you are .... COUNCILMAN ORLANDO: We weren't talking specific business people. We were talking in general, you know, is it hamlet district, is it the uses that we were talking about. So Albert and I were talking, if we can get a specific what we are looking at, you know, we would not be opposed to it. You know, we wanted to look at it. We didn't want to say, okay, moratorium on site plan. That is kind of general. COUNCILMAN KRUPSKI: Heather brought the map and it is really a large area and it is really diverse... MS. NORDEN: Absolutely. COUNCILMAN KRUPSKI: So we don't want to squash somebody... MS. NORDEN: What do you mean squash, when we are talking about squashing somebody again, what I am getting is, what you are really focused on are the interests of the business community. COUNCILMAN ORLANDO: We don't want to catch the dolphin in the .... SUPERVISOR RUSSELL: Let me try to explain, the Board actually said, look, if you have a moratorium you need to know what your goals are at the end of that moratorium. What do you hope to accomplish? MS. NORDEN: But do you actually know your goals unless you study the issue? SUPERVISOR RUSSELL: I do. I need to enumerate them better in writing and present them to the Board. Again, it is a matter of consensus. Am I willing to look at zoning and potential uses? I am. It doesn't mean necessarily going out and start changing all the zoning overnight and taking equity away from people. It means, the first thing we do is engage the commercial community because a lot of the businesses of Mattituck have concerns about the direction of Mattituck. MS. NORDEN: Sure they do. But the public community does, too. SUPERVISOR RUSSELL: No, no. They are not the same concerns, is what I am suggesting. In other words, the business community probably isn't any more favorable to a 7-11 than the community of Sigsbee and others. So I think they would be a good, it would be a good time to engage them, the hamlet stakeholders to start developing that vision and start making some code March 23, 2010 Page 54 Southold Town Board Meeting Minutes changes to make sure that vision gets there. MS. NORDEN: Right. But we have had a whole history of moratoriums in the past. I mean, it is not rocket science. And I am just wondering, I just want to make sure that we are not tabling this into the great beyond, of nobody caring about this issue. Frankly the business community is only one small fragment of a wider public that has many concerns on this issue, many of which you have had heard ad nauseam at this podium over several months. COUNCILMAN KRUPSKI: No, they...sorry. MS. NORDEN: That's okay. SUPERVISOR RUSSELL: The business community is, again, on the same side as the public here in most cases. At least that is what I found. The business community is not the community that is saying hey, leave businesses alone. They are saying, look, help us develop that vision of what we expect in Mattituck. So they are part to the solution. MS. NORDEN: And I absolutely agree. COUNCILMAN KRUPSKI: And the moratorium is under discussion now whether or not it is going to go forward and what it, what the goal of the moratorium would be. The corridor study is now completely on the front burner and it will go forward, alright? And it will have a public component, which we need. I don't think four months is long enough to cover that broad subject. If we hire a consultant and go forward that way with the planning staff, I think it will take longer to do a good job because you need a lot of public input. The businesses and everyone who lives in town. So that is going forward, moratorium or not. That is in the forefront. MS. NORDEN: Right. But I mean the corridor study would be kind of moot, ultimately, if lots of other things like 7-11 came in, in the interim. And I think that, that's a real public concern. I think a corridor study is ten'ific. If it takes you a year to accomplish it and you meanwhile have the kind of growth that we are seeing and various people not getting the right permits, you actually have shot yourself in the foot because by the time the corridor study is over, you will have made a tremendous health, economic impact, traffic, safety, the whole shebang. So ! think that I am just asking that you focus on a realistic timetable that lets the public know that you are really looking at this issue and that you have a plan. Whether it is a moratorium or a corridor study, the idea of the moratorium was essentially to stop the growth until we have a chance to look at and designate and shape a plan. So many concern is that without a moratorium, lots of other growth, lots of other illegal uses, people doing whatever they want without permits may in fact take place. So please focus on the timeliness of this and the concerns that the public has already brought forward, in this hearing and in others. COUNCILMAN ORLANDO: Your public awareness or public input, I went out there and I walked the street and I spoke to people... March 23, 2010 Page 55 Southold Town Board Meeting Minutes MS. NORDEN: I heard that. COUNCILMAN ORLANDO: Well, I went down Sigsbee and into Mattituck and Cutchogue and actually I was shocked, I was expecting to see or hear, yes, no 7-11, no development, no, no, no. Some people wanted it. I was kind of surprised some people didn't really, didn't affect any of the way. So I was surprised. MS. NORDEN: I really respect the fact that you walked the beat because I think that is really important but I have to say that is not at all scientific. That is simply anecdotal. And in order... COUNCILMAN ORLANDO: Inaudible. So I said, I don't know exactly what they want, let me go ask them. MS. NORDEN: Let me suggest if we are going to ask the people what they want, it is not just the people that live there, it is everybody. But why don't we do a survey? We could certainly do a survey with mailing back the results and then we would be able to tabulate and do it in a scientific way where we would actually be able to gather information that would have input. I do respect the fact that you asked people how they think but that is totally anecdotal. COUNCILMAN ORLANDO: I did that for my own personal... MS. NORDEN: Right. I understand. SUPERVISOR RUSSELL: Melanie, I appreciate what you are saying. I don't think the town can get in a position to start surveying to see if these businesses are welcome or not. Zoning is zoning and if they are allowed to apply, they are allowed to apply. MS. NORDEN: Right. SUPERVISOR RUSSELL: And public outrage doesn't stop things, in fact, there is legal protection against that by state law. What I proposed was a moratorium to look at the entirety of the community, not just focus on the one issue that is a bone of contention which is a 7-11. But we have a corridor problem for that entire area. Right from the train trestle to advertising signs across it that makes it look like Route 112 all the way down to that Pike Street area. I want to look at everything collectively, bring it in and say, if this does happen, what is going to be the consequence and how do we protect against that consequence or how do we change the outcome of this consequence. MS. NORDEN: Okay, so we are going to do the corridor study for sure? SUPERVISOR RUSSELL: Yes. MS. NORDEN: Okay. When will that begin? Alter we get the results from the RFP's? Okay. And then you are going to revisit the idea of the moratorium? March 23, 2010 Page 56 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: It is my job to convince them in the two weeks time that the moratorium is an essential component to the corridor study. MS. NORDEN: Okay, great. Thank you for the information. COUNCILMAN TALBOT: I would just like to add something to that. Talking about the 1,200 signatures, I think the 1,200 signatures was not about a moratorium, it was about no 7-11. So that pertains to one individual site. MS. NORDEN: Yes. I didn't indicate that they were about the moratorium. I indicated it was about... COUNCILMAN TALBOT: Well, you referenced that so .... MS. NORDEN: Well, we know it was about 7-11. COUNCILMAN TALBOT: Excuse me. There was a big discussion today that we had regards to Mattituck. And there is nobody that sits up on this dais that does not agree that Mattituck needs to be cleaned up. I lived in Mattituck my whole life. I know Mattituck better than anybody. You go through that corridor there and it is horrible. Some of the changes that I believe are coming into this town are a good thing. CVS might not be loved but the bowling alley and Morchel's old business there were one of the ugliest things you could see. Dickerson marina getting off of that comer on Sigsbee is a good thing. The fusion, Asian Fusion that proposes to open there, they don't have great parking but it is going to clean up the building. When you go down Factory Avenue, I suggested today maybe we should put in no parking signs on Factory Avenue to help out the church there when cars are unloading or tracks are unloading at the Waldbaum's shopping center. COUNCILMAN ORLANDO: Except for Sunday's. COUNCILMAN TALBOT: Correct. We went down the whole list and it was also suggested that we not only, we don't shut down site plan approval if we don't go forward with the moratorium but maybe shut down any future site plan approval that is submitted after a certain date. Instead of, we didn't want to, and I agree, ! wouldn't want to shut down guys that are in the middle of the process, who has been spending the money, doing the right thing. I don't care, I am not a fan of7-11 but if these guys are in the middle of the process it is tough to shut people down. I have an issue with that because we can do the things that we need to do with the tools that we already have in place and I spoke about this today, when I was running for office last fall, I stood in front of this Board and I did not agree that the planning department in Southold Town should be doing the comprehensive plan and the one reason I said that was because if they get inundated with stuff, they will get bogged down and four months ago, this corridor study in Mattituck was proposed, nothing has been done about it. And we are now looking at a four month moratorium. Well, if the corridor study was done, we would be winding up that corridor study right now and I don't think we would be talking about a moratorium. I think that we can get a lot of these things done with the people we have on staff, we had a good conversation with March 23, 2010 Page 57 Southold Town Board Meeting Minutes code enforcement today, to keep their eyes open when stuff first comes up so that you don't have to address it later on, it is always tougher to do that. But I am certainly, I myself do not support a moratorium in Mattituck. I think that we can take care of these things with the people we have on staff and I also would agree with going ahead with the corridor study and spending money to have the consultant to help these guys out and get it done immediately. MS. NORDEN: Oh, I certainly agree we have the tool to take care of many of these problems, the question really is if we are utilizing them. COUNCILMAN TALBOT: Well, we were not. MS. NORDEN: And I think that a lot of people would say that yes, we are not really talking about making major zoning code changes, we are asking that we look forward in our planning and also find a way to actually utilize those tools to their greatest ability. I think we have all those tools. COUNCILMAN TALBOT: I agree. MS. NORDEN: But you still have a real problem, tools aside. SUPERVISOR RUSSELL: Just for clarification, what I proposed was a moratorium on all site plans, receiving, processing. Now there are two pending site plans, they have a long way to go in the process anyway, I proposed a four month window for the town to make Mattituck its focus. I didn't think asking for four months was asking too much for a stretch of community that hasn't gotten any attention in many years. MS. NORDEN: I think it is a wonderful idea. And I am sorry that it hasn't gone through. SUPERVISOR RUSSELL: But, well, you know what? I am going to take the next two weeks to develop as compelling an argument as I can. I will bring it back to the Board and see where we go. But the con'idor study is an essential component and we do have to look at the prospect, we may not be able to stop certain uses we don't want the question is how do you accommodate for them, mitigate the negative impacts? It is all of that stuff for that whole corridor. MS. NORDEN: Absolutely. SUPERVISOR RUSSELL: Thank you, Melanie. Pete? And then I will go to Lillian. PETE HARRIS: Good evening, Pete Harris, Greenport. I would like to discuss an issue that was brought to life a couple of meetings ago. I believe it actually came that the original request by Cutchogue fire department, Cutchogue Chamber of Commerce for holding the annual St. Patrick's day parade. And a gentleman got up to the podium and made a plea to the board, the fact that by closing down Route 25, one of the main corridors for two hours was a real detriment to the township. I wasn't able to come to the meeting and see it firsthand but when I did get to see the replay of it, as a lifelong resident of this community, I got a little offended that a group of March 23, 2010 Page 58 Southold Town Board Meeting Minutes vineyard operators couldn't allow a community based, I mean, I have gone and pafflcipated in every single St. Patrick's day parade that has been held in Cutchogue. And I would be willing to bet that 99 percent of the people on the side of the road am local people, year round local people. And we made an impassioned plea of not to block off a road to let people that come from the west end that visit vineyards, which most vineyards are open 52 weeks a year in this town, and that we as the local people can't get two hours to have a community based activity? I don't know who is being small minded. I mean, you know, business is business but if we were the south fork, when you get past a certain point and you have one means of access to get to Montauk and they hold a parade probably eight times the size of Cutchogue and it goes off and it works great. COUNCILMAN KRUPSKI: Cutchogue's is better though, Pete. You know that. MR. HARRIS: I like them both, Al. But it is a case of, as a lifelong resident here, I kind of really got taken aback by it's, you know, two hours. Two hours, oh, god, we have got to turn them off and send them up Alvah's Lane to 48 and go past a certain amount of vineyards up on 48 and the fact that they had a, they had something going on because they had this program at the different vineyards. Why in the world would a vineyard in Cutchogue that lies within the parade route, why wouldn't they check with the Chamber of Commerce to ask them when am you guys planning on holding your parade? So then you either have your big festivities the week before the parade or the week after the parade or the day after the parade. I mean, I just kind of gotten taken aback and I am not standing here as a town official, I am standing here as a taxpayer and I have got to tell you, and I don't even live in Cutchogue, but it really got me that you know, the local people need to take a backseat because we run an operation 52 weeks a year and we can't get two hours. Thank you. COUNCILMAN TALBOT: Pete, that was noted that day when that came up and the gentleman that spoke against it, he was concerned about people coming out and being able to visit the vineyards, well, it is funny enough that the Chamber of Commerce is going to run this parade and they are in the same business to get people to come out and visit their businesses. It was discussed and the one vineyard that was going to be affected mostly was Peconic Bay vineyard and Joe Corso from the North Fork Chamber of Commerce went and spoke to them directly and they had absolutely no problem with it. So this was an isolated incident. I agree with you, I felt the same way. MR. HARRIS: But I can tell you, that wasn't the first time the same request has been made, you know? And I know there have been, small town America, that is what we still are here. And somebody, there are people that are losing the picture. They want, they want country, they want that whole thing but when the almighty dollar jumps out in front of you, forget about small town America. SUPERVISOR RUSSELL: Pete, what we decided to do today at work session was to solve two birds with one stone, we are making the parade four months long and then we are going to do the corridor study. Would anybody else like to? Lillian? March 23, 2010 Page 59 Southold Town Board Meeting Minutes LILLIAN BALL: Lillian Ball, Southold. I am here for a couple of reasons. To say thank you for a couple of things and also to make a request. So, this is a, I think, I am sorry we missed or I missed the state of the town situation but the Group to Save Goldsmiths Inlet really appreciates you noticing our efforts and actually cooperating with our efforts to keep Goldsmiths Inlet cleaner and cleaner and cleaner. So with that said, we wanted to also thank you for the annual dredging and this is a letter from Hugh Switzer who could not be here, we want to thank Supervisor Russell and the members of the Board for conducting the annual emergency dredging to the Sound entrance to the inlet. Completed on January 12, 2010, the purpose was to remove the sand that was blocking tidal flow and increasing the high levels of pollution that have endangered the health and safety of the inlet. Much was accomplished and the tidal flow was temporarily improved. In discussion with a number of knowledgeable authorities about lessons learned from this for future dredging at the Sound entrance to the inlet, it was agreed that two improvements could be made to improve the effectiveness and qualities of these efforts. First much of the dredged sand was placed on the west side of the channel into the inlet by the parking lot and road to help protect this area from erosion, however, with the next incoming tide that sand was already being and continues to be, especially today with the stormwater we had experienced at the inlet today, continues to be carried back into the inlet itself. This is adding to the very large amount of sand that is shoaling up the inlet, further blocking the tidal flow and increasing the already high levels of pollution. So the first recommendation is to place additional rocks or some sort of rip rap revetment rather than loose sand on the west side to provide protection for the parking lot and road from erosion. The second recommendation is to move the dredged sand further down the east shoreline so that it won't be carried back into the inlet with the first of many north easterly storms. This will also allow it to be of maximum benefit to easterly beaches, while keeping it from immediately returning to the inlet. Again, the community and the Group to Save Goldsmiths Inlet thanks the Board members for helping to save this valuable natural resource but we would like to count on you for a commitment to improve the way it is dredged in the future. SUPERVISOR RUSSELL: We already have pictures, it is already closed down. COUNCILMAN ORLANDO: I agree we need a new dredging plan from last year. MS. BALL: Yes. I mean, we would also like to find alternatives to dredging and we are making some efforts in that direction ourselves but as you know, we are really working hard on clean ups and we have the EPF grant and we are really trying to improve the water quality in every way we can. So to have the sand actually put there and then deposited by storm back into the inlet where we really don't need it would be much appreciated. COUNCILMAN KRUPSKI: Well, the efforts of that group are really incredible and the town really appreciates... MS. BALL: Thank you, we work hard. COUNCILMAN KRUPSKI: The town really appreciates that kind of concern and work, which is the important part. as far as the dredging goes, now that we have the Bittner preserve, the March 23, 2010 Page 60 Southold Town Board Meeting Minutes contractor who is going to dredge in the future can access the site from the east side, so they don't have to work from the west side which traditionally made a problem because it took them more time... MS. BALL: Right. COUNCILMAN KRUPSKI: And too much sand, I think, got deposited this year on the west side. MS. BALL: But actually in '09, the dredging that was done in '09 they did put the sand further down the beach in the direction of Bittner's. Jim really had them access the site from the east side that year and it did really make a big difference. COUNCILMAN KRUPSKI: We are going to go back to that. MS. BALL: Yeah. And now that Bittner's bulkhead is gone and the shoreline is gorgeous and getting more and more natural everyday, I hope you guys will all enjoy it. It is, it is even more, it makes even more sense to let the sand go with the littoral drift to the east and keep it out of the inlet. So we do have, we can count on you to improve that next time? Thank you. SUPERVISOR RUSSELL: Thank you, Lillian. Art? ART TILLMAN: Art Tillman, Mattituck. I just want to make the Board familiar or knowledgeable about something they may not know. The Citgo station in Mattituck for all appearances has closed. I am a little concerned that the next step will be boarding it up as we await for the approval of 7-11 which they evidently anticipate. Secondly, there was a rumor floating around Mattituck for quite some time that Dunkin Donuts had made a move to come it. I checked that out. The rumor had it that they approached Magic Fountain. So I went and talked to the proprietor of Magic Fountain, Mr. Ali Choudry, a very nice man, and he said indeed Dunkin Donuts did approach him last September I believe and made a rather insulting offer in terms of buying out his lease or whatever. Rumor has it that they have approached the adjacent properties. I haven't checked that out but they and Mr. Choudry will be willing to come here and tell you that .... COUNCILMAN ORLANDO: I am sorry, Art. Do you mean that they Dunkin Donuts or Magic Fountain is looking at the other properties. MR. TILLMAN: No, they, Dunkin Donuts. That is rumor but the fact is that they did go to Magic Fountain. SUPERVISOR RUSSELL: Let me just clarify. Dunkin Donuts wouldn't be permitted at Magic Fountain anyway because under the town code there are a franchise formula restaurant, they would need to be located in either a hamlet business zone or an existing shopping center. That particular area is actually general business zone. The hamlet business would be well to the east of that. March 23, 2010 Page 61 Southold Town Board Meeting Minutes MR. TILLMAN: Right. Well, that is good to know. SUPERVISOR RUSSELL: But you know, again, those challenges come up every day. MR. TILLMAN: Right. SUPERVISOR RUSSELL: And if they didn't find the right spot there, they just might and we just need to keep on it. MR. TILLMAN: It is indicative of what is going on and again, we are going to be reacting unless we have something in place. The last time we were here we had quite a group out and the consensus of the Board regarding 7-11 it seemed to rest, the Town Board seemed to put it in the hands of the Planning Board which I assume that is the correct procedure. We turned out a good crowd at the Planning Board meeting and unfortunately the Town Attorney ruled that we were not able speak because it wasn't on the agenda. I guess there was some confusion, we thought the Planning Board operated like the Town Board and I would like a clarification on that. Why can't we speak at the Planning Board? COUNCILMAN TALBOT: You can only speak to what is on the agenda, right? TOWN ATTORNEY FINNEGAN: If the item is not on the agenda, Art, you can't, if the applicant is not present and the Planning Board doesn't have an open session like this. The Town Board. The Planning Board only considers the applications that are before it. That matter will come back before the Planning Board in a public forum and you can appear. I would suggest that the best means to get before the Planning Board is to probably submit comments in writing so you make sure they are definitely considered and you can also show up at the public hearing and speak but they do consider written comments as well. But they do not have a practice of, nor do they have the ability to open up their floor without the applicant being present. MR. TILLMAN: Well, I don't understand why there are two standards in this. We are not, the 7-11 isn't before you and yet you are gracious enough to hear what we have to say about 7-11, Dunkin Donuts and anything else that comes along. TOWN ATTORNEY FINNEGAN: They are not ruling on, they are not making a decision on the application .... MR. TILLMAN: We are not asking them to make a decision at that particular point, we are trying to provide them information for when they make a decision. And I think the courtesy that you extend to the public can be extended by the Planning Board. COUNCILMAN ORLANDO: Martin, legally, if they are on the work session but not a public meeting, can they talk at that meeting? Say 7-11 is on the work session agenda but it is not a public meeting, can they comment? March 23, 2010 Page 62 Southold Town Board Meeting Minutes TOWN ATTORNEY FINNEGAN: Generally no. Work sessions are not public meetings or where public comment is taken. That is not the Planning Board's .... COUNCILMAN ORLANDO: The public can go to the meeting, they just can't comment? TOWN ATTORNEY FINNEGAN: When there is a public hearing, there is a forum for the public to come and give any comments they want on the application. COUNCILMAN KRUPSKI: Why is that different though? For the Trustees, people would come and they would be allowed to speak on items that weren't on the agenda, same as the Town Board. TOWN ATTORNEY FINNEGAN: That may be the practice of the Trustees but it is not the Planning Board. The Trustees are an elected board. Planning Board is an appointed board. MR. TILLMAN: Well, I respectfully, I would like to cite, I would like that cited where this is in town code, law or whatever. It just seemed to us that we are being constantly put off on an issue that is important to us. So could you do that? TOWN ATTORNEY FINNEGAN: I don't think you were put off, I think you were told that it was going to be put on the agenda and all you had to do was call the planning staff, get the date and you could appear at the scheduled public hearing and submit all your comments and you also have the option at any... MR. TILLMAN: Verbally or... TOWN ATTORNEY FINNEGAN: You can do both. MR. TILLMAN: Okay. TOWN ATTORNEY FINNEGAN: You can make comments in writing on any date and they will accept them for the record and you can appear at the scheduled public hearing when the. applicant is present and make any comment you want. MR. TILLMAN: Okay. TOWN ATTORNEY FINNEGAN: I believe it will be on in the very near future. MR. TILLMAN: Okay. TOWN ATTORNEY FINNEGAN: Just check their agenda. MR. TILLMAN: Vinnie, I want to compliment you, I think you did a good job in going out and trying to survey that neighborhood but I went down Sigsbee Road yesterday about 6:00 and I March 23, 2010 Page 63 Southold Town Board Meeting Minutes counted 61 houses. It surprised me there were that many houses facing Sigsbee Road. Gee, about 75 percent of them were dark or no cars in the driveway, if not more. So they appear to be a lot of summer people down there, is that correct? COUNCILMAN TALBOT: It always has been. COUNCILMAN ORLANDO: There were quite a few houses that there was no one there. MR. TILLMAN: Well, anyway, I think we have to be careful with informal surveys and I will tell you why. Somebody from our anti 7-11 group suggested that we sit on the comer of Factory Avenue, one person, another person on Main Road and count cars that go by. The consensus seemed to be well, listen, this is not scientific. You know, you need it professionally done. So we backed off from that. So we could take surveys, too, on traffic in an informal manner, so though I think your intentions were good, I think what you found probably wasn't valid. COUNCILMAN ORLANDO: Well, I wasn't looking for the silver bullet either, Art. I went there because we are the voice of the people and they elect us. I said, let me go talk to them, see what they have to say and I didn't go there with the expectation I was going to solve world peace in this little comer, I just wanted to get a feel for what people thought. Some people are afraid to come up here. I said, let me just go down and talk to them and that is all I did. And I wasn't even intending on sharing with people. I mean, I didn't go there with a pencil or pad and I wasn't taking names or exact quotes or numbers. I was just going for myself and my own information so I could be knowledgeable when I speak. That was the only reason I did it, Art. I wasn't using it as a case study for anything. MR. TILLMAN: Okay. Can you tell us the feeling you had for the sentiment down there? COUNCILMAN ORLANDO: Well, it is like I told Melanie, I was actually surprised, I expected to have the majority of people say I didn't like it, I didn't want a 7-11. some were in favor of 7- 11, some didn't have an opinion, they really didn't bother either way and were very much no 7- 11. So there was a little bit of everything. MR. TILLMAN: Okay. COUNCILMAN ORLANDO: Like I said, I wasn't looking for a silver bullet, I was just looking for my own curiosity on what people thought. MR. TILLMAN: Well, I want to thank this Town Board for moving on this and Scott, for your leadership. I just hope while we are studying and studying and studying and studying, more businesses aren't trying to sneak in, such as 7-11 and Dunkin Donuts. Thank you. MR. SPANOS: Well, it almost seems like everybody is in agreement and we don't want franchises on the north fork. We don't want Dunkin Donuts, 7-11 has been here since I remember and as you remember, you moved out here in the 70's right Scott? But it almost seems like people don't want franchises. I have seen the Town Board change code to appease March 23, 2010 Page 64 Southold Town Board Meeting Minutes what the people want. Why can't you change the code to give the people what they want and get rid of the franchises? I mean, is that possible or are you just telling us well, you know, let me know where the next Dunkin Donuts is going to be so I can look into it. Are the franchises here to stay or aren't they?. SUPERVISOR RUSSELL: First of all, we have a franchise law that speaks to the issue of the fast food, the formula food franchises like Dunkin Donuts. That was, again, a reaction to a McDonalds proposal in Mattituck. So what you saw was a McDonalds go in in Mattituck and then a law that essentially stopped it all beyond Mattituck unless they are willing to locate in a shopping center or hamlet business, which is unavailable to them because of septic issues. Dunkin Donuts is covered under that law. I don't think the issue was the opposition to franchise but location is everything. I haven't been shy about my sentiment that that's a bad use for a bad spot. I used to live on Sigsbee Road probably about eight houses away from that intersection and that was before the CVS, although I have to admit CVS is, if you are going to use existing inventory and dress it up there is probably a silver lining in it. But everything is location for me. I don't think necessarily that people are saying no franchise, they are saying no 7-11 right there. and by the way, there are franchises, three or four of them just right behind that building in the shopping center. MR. SPANOS: Oh, I know all about it. But I spoke to a lot of people and they are against franchises. Is there any way we can find out how many people are against it and for an area, a voting area, can we vote against them popping up everywhere? SUPERVISOR RUSSELL: That would be unconstitutional. You cannot, cannot simply ban .... MR. SPANOS: Even though most of the people on the north fork would like that? SUPERVISOR RUSSELL: Yes, that is the way the constitution works. You can't simply eliminate franchises. What you can do is put stringent site requirements on them, so that you can mitigate their impact on the community. MR. SPANOS: This Board has put codes in place to not allow convenience stores, mom and pop convenience stores to operate over a certain size and you are telling me that wasn't unconstitutional? SUPERVISOR RUSSELL: No. That was actually accessory uses. The principal use being a gas station. That is a regulation of accessory uses. And it is a fair law, it recognizes the need to find alternative sources of income for the property owner but again, everything is scale and size. MR. SPANOS: Okay. SUPERVISOR RUSSELL: Would anybody else like to? Leroy? LEROY HEYLIGER: Good evening. I would like to address the problem, again, bring up the traffic flow on Factory Avenue. The suggestion was made to put no parking signs there so those March 23, 2010 Page 65 Southold Town Board Meeting Minutes trucks in the moming, the bread trucks, all the delivery trucks, the small trucks that come there from 9:00 AM to at least 11:30 AM, that they can't park on that side. That is not going to help the problem, because of the fact, where are they going to go? Where will they go to unload? That loading platform is the problem that we are having with those 18 wheelers that come in around 10:30 that come all the way from Jersey and they try to back into that loading dock. You have seen the problem, I have shown you how, I have given you pictures of how they overrun the church property, how they block the road, how in this last snow storm the road was entirely blocked off, a fire truck couldn't get through. An ambulance couldn't get through to the people that live in the houses up on the north side of the rail road track. I believe someone mentioned last, when I was here last week that make it a one way street. Now the people that come out of the Cottages would have to go and the people on the north end of Factory would have to go all the way, would have to leave their homes, drive up to Old Sound Avenue, go down to Pacific Street, over the railroad track and go down Pacific and then come back around to go shopping in the plaza. What about our quality of life on Factory Avenue? SUPERVISOR RUSSELL: Actually let me just explain what might be a possible solution. That would be for a one way for the business corridor of that street. That would be to and stop at the end of the shopping center. One way going south to that light, whereas the people would be able to access the shopping center for the residential side because it would still be two way traffic on the residential side. But again, I am no traffic engineer, which is why I look for a moratorium and a corridor plan to come up with solutions to try to mitigate all these impacts. Factory Avenue is a problem without 7-11 adding to it. It is already a problem, so, we hear you, we are trying to address that through the corridor study and kick those ideas around to see what works and what doesn't work. MR. HEYLIGER: Thank you. COUNCILMAN ORLANDO: Leroy, before you run, are they unloading from Factory Avenue, are they parking on the side of Factory and unloading the truck or parking waiting to back in? MR. HEYLIGER: No, they are parking on Factory Avenue .... COUNCILMAN ORLANDO: And unloading? MR. HEYLIGER: And unloading. COUNCILMAN ORLANDO: Unloading while parking there? MR. HEYLIGER: While parking there, and then, here comes your 18 wheeler coming in, trying to get to that loading dock. COUNCILMAN ORLANDO: Around the other trucks that are parked there. There should be an unloading zone there. MR. HEYLIGER: And by the way, my daughter and I, we are against the 7-11 but my March 23, 2010 Page 66 Southold Town Board Meeting Minutes grandchildren want it because they like the slurpee's. SUPERVISOR RUSSELL: Melanie, can I let Linda go and then you can go after. Let's let the people who haven't spoken yet have an opportunity to speak. LINDA GOLDSMITH: Linda Goldsmith from East Marion. Thank you for appointing me temporary parks commissioner. I will try to do a very good job. I just wanted to say I wanted to thank Mr. Beltz for coming down to East Marion to explain the accessory apartment law. I had my usual chance to play devil's advocate, which I am not sure he appreciated but we got some really good questions and answers and it was a really, very informative session. I also wanted to thank, say thanks again for fixing up the Peconic rec center. The Southold mother's club will be having their bunny breakfast again if there is anyone under 5'5" and 130 lbs among you that would like to wear the bunny costume, I could use someone because it doesn't fit me. It is a little bit of a problem but I wanted to thank you again for that because there really isn't another place that we can do that and if we make a little money and are able to do things like the bike giveaway and the big thing at Mitchell park in the summer so, and it really looks nice. COUNCILMAN ORLANDO: Well, you will have to give the credit to DPW. Jim McMahon and Jeff Standish. MS. GOLDSMITH: Yes. COUNCILMAN ORLANDO: We gave them the tools to do it and they implemented it and it came out nice. MS. GOLDSMITH: It actually, it got done right before... COUNCILMAN ORLANDO: Ruthanne was the designer. Ruthanne Woodhull. MS. GOLDSMITH: It got done just before the breakfast last year, it was great, you know, any other place if we try to rent a place is $400 or $500, there goes your profit. So I wanted to say thanks. COUNCILMAN ORLANDO: A little paint and spackle goes a long way, doesn't it? MS. GOLDSMITH: A little bit. Actually, the floor looks good, too. And I wanted to give you, if I may, I just had written a quick letter explaining why the park district got into the state it was in, just for your, you know, it is all viable information and you might want to read it. But if you don't, you can use the back for scrap paper. SUPERVISOR RUSSELL: You can give it to Betty and she will distribute it. Would anybody else like to get up and make a comment or have an advertisement, like Linda? Just kidding. The Southold mom's club, my wife is in that. BENJA SCHWARTZ: Benja Schwartz. I was at the Town Board meeting this morning and I March 23, 2010 Page 67 Southold Town Board Meeting Minutes found it very interesting, the discussion about the police motorcycle and motorcycles are dangerous but I just wanted to give you, I know you decided to give it back to the sheriffs department or... SUPERVISOR RUSSELL: The Suffolk County district attorney. MR. SCHWARTZ: District's attorneys office who gave it to the town. Well, one thing when you have a parade, you have parades and with the traffic in the summer, it is dangerous but with the proper training and regulations, there could be a use for a motor cycle to get to accident scenes when cars cannot or crime scenes... COUNCILMAN ORLANDO: Well, that is what I recommended it for, ceremonial uses, parades and funerals, things like that. That was my... MR. SCHWARTZ: Ceremonial but also practical uses, there are some things you can do on a motorcycle that you cannot do on a car. I don't drive one but I just want to mention that. Also, the discussion about the potential purchase of the lighthouse was fascinating and that also kind of ties into the Plum Island situation. Did you, are you all aware of the notice from the US general services administration? That they are going to do an environmental impact statement .... SUPERVISOR RUSSELL: We meet with them every couple of weeks, we have been meeting with them for about two years now. MR. SCHWARTZ: Very good. And you got this notice, they are going to give us two weeks notice in the paper before they announce the time for a scoping and public hearing... SUPERVISOR RUSSELL: It is a long process. It is a NEPA process that will have plenty of public input and plenty of opportunity. MR. SCHWARTZ: I will try to be quick but if you could just let me finish and get through this. you know, I had seen a letter to a paper over in Connecticut and they seem to be more involved in this process than we are. SUPERVISOR RUSSELL: That is not true. COUNCILMAN KRUPSKI: No, no. We are. SUPERVISOR RUSSELL: Very involved. MR. SCHWARTZ: Well, that is my opinion. SUPERVISOR RUSSELL: Your opinion is wrong. MR. SCHWARTZ: The federal government says, the federal government notice states 'because the federal government has no authority to regulate future land uses, a precise statement of the March 23, 2010 Page 68 Southold Town Board Meeting Minutes specific land use related environmental and socio-economic effects that could result from reuse would be largely speculative' in other words, the whole environmental impact statement process would be largely speculative unless the town of Southold moved first... SUPERVISOR RUSSELL: We already have, Benja. MR. SCHWARTZ: Or promptly to make it, express what, either create some zoning that would take place when the federal government... COUNCILMAN TALBOT: It was discussed a couple of meetings ago that the Planning Department was coming up with potential zoning .... SUPERVISOR RUSSELL: We have been working on a planning use for that site for almost two years now, Benja. I am sorry you are not aware of that but it doesn't mean that it is not taking place. Of course we are. In fact, I reached out to Kevin Law himself at LIPA to try to develop a wind energy incubation site there, to utilize the existing research facility. MR. SCHWARTZ: I am glad you are reaching out to some members of the community. SUPERVISOR RUSSELL: I try to reach out to everybody. We have had public discussion on that. Again, I am sorry you are not aware of it but we have had plenty of public discussion at work session and elsewhere on it. MR. SCHWARTZ: Alright. Moving on, the state of the town address, I got a copy of the document that you posted on the website and enjoyed reading all 98 pages of it. Didn't quite finish it yet. Of course the first 52 pages, I think, are your, fi.om Scott Russell and you said a lot of very good things and I really would like to compliment you for moving forward with the state of the town address. However, you were the solo performer on stage. I think it is important to mention if people are interested in hearing fi.om the heads of the various departments, there is some material in that document from many of the department heads. The one overarching theme from all the heads of the departments was the need to, and you also in your address talked about the need to do something about the website. I have been thinking about this as you know for a long time, I have a couple of comments. You know, in there they talk about website enhancement. I think maybe we need to think about revision or replacement. The recreation department was talking about using email to communicate with the citizens with the people that take the courses there, that is a good idea but that is going to have to be managed. The data department claims that in 2009 it continually enhanced the town website by expanding on the comment and ease of use. And they did. But they also expanded the confusion and the user unfriendliness of the website and the longer that this issue sits around and nothing happens, the harder it will be to deal with. Quick note, the landfill or the transfer station, solid waste management district, announced an intent to redesign the solid waste district website. Also to do recycling outreach to schools etc., things which could possibly benefit from the appointment of a recycling coordinator. But you have expressed that you are not willing to do that for another 15 years yet, so I am sorry about that. I have a page here that says it is the minutes of a town board meeting, particular the work session part of that meeting. Now, as you know, last month I was March 23, 2010 Page 69 Southold Town Board Meeting Minutes looking to read the minutes of the Town Board work session and I was told by the Town Clerk's office that there are no minutes. I filed a FOIL request and I got an answer that the record doesn't exist. I then filed a FOIL appeal to this Board. And I got back a long letter from the town attorney's office that tells me that the record does exist hut it is not "minutes" do I want to see it? Yes, I want to see it. Do I want to meet and talk to you about it? No. Do I want the town to run these meetings in a legal fashion? Yes. And if you sincerely want help with that, I would be happy to meet with you but when I get a runaround and double talk and word play, game playing, I am not interested in that. I would like to see the minutes. In addition to minutes, I am very interested in the agendas for these items and you have said you were going to provide them in advance at least by the Friday. Well, the agenda for today's meeting was not posted until 10 minutes before the meeting and only then because it was the third time I had called. SUPERVISOR RUSSELL: We had staff shortages, so we delayed the agenda until, we did it yesterday afternoon. I believe the final agenda was issued this morning but the tentative agenda was .... MR. SCHWARTZ: Well, I called three times and each time I was promised to wait a little bit, wait a little bit, wait a little bit and finally it happened, ten minutes before the meeting. SUPERVISOR RUSSELL: Well, it happens once in a while, Benja. I am sorry but you know, frankly, too bad. Someone was on vacation and we couldn't get the agenda out at your time frame. But we got the agenda out and we got the work done, okay? MR. SCHWARTZ: I don't believe that is true. And the agenda was printed yesterday at 2:50 according to a draft... SUPERVISOR RUSSELL: That was a tentative agenda. COUNCILMAN TALBOT: I got a preliminary... MR. SCHWARTZ: A tentative agenda. But when the tentative agenda is done, when they put it in the copier, that takes a long time. It takes one minute to press a button to post it online, on the computer. COUNCILMAN TALBOT: I got a copy of a preliminary agenda a week ago this past Friday and then .... MR. SCHWARTZ: The agenda does exist, I know you have the agenda in your office. If you choose not to share it with me, that is fine. SUPERVISOR RUSSELL: That is not true, Benja. I didn't have an agenda until... MR. SCHWARTZ: I believe the public deserves ..... SUPERVISOR RUSSELL: I didn't have an agenda until Ruthanne came back and we worked March 23, 2010 Page 70 Southold Town Board Meeting Minutes on it yesterday afternoon. That was the first time we produced an agenda. Ruthanne had gone away. Ruthanne is the central administrator for the Town Board and myself, she was in Florida. When she got back Monday, we did it Monday afternoon. That is literally when we sat down to do it the first time. MR. SCHWARTZ: We will see how you do next week. SUPERVISOR RUSSELL: Fine. Two weeks from now. MR. SCHWARTZ: I also note that on the town website, if you go to the page for town board meetings which by the way has the title Planning Board meetings on the top of the page, it says that the meeting starts at 7:30 which is the regular meeting but the meeting starts at 9:00 AM. I am not going to take a long time to present to you some of the concerns I have about the website but I will read one sentence here, it is maddening to try to find anyone or anything since you need to browse up and down long web pages full of text displayed in inconsistent fonts, colors, capitalization and sizes. You know, I am embarrassed when I look at the way the website is done. And I would be happy to meet with you and try and help you to improve it but I am not willing to waste my time. SUPERVISOR RUSSELL: But you are willing to waste ours. Now. MR. SCHWARTZ: Mr. Supervisor, Mr. Supervisor. Excuse me but you know, you think you are funny, you think you are funny .... SUPERVISOR RUSSELL: You know, I am adorable, let's pull no punches. Benja, you come up and say the same things all the time and when we react to include your recommendations, you still complain. We have acknowledged that the website needs a fundamental overhaul, that was part of the state of the town and you are still complaining. MR. SCHWARTZ: When are you going to do it? What is your timeframe? SUPERVISOR RUSSELL: We are doing it over the course of this year. You know, no matter what we do, you complain, you complain, you complain. Even though you do have an impact and we do listen to you. MR. SCHWARTZ: In the documents that you published, the data processing director puts in his documents that one of his goals for the year 2010 is to create an entirely new website if I have time. What if he doesn't have time? SUPERVISOR RUSSELL: Then we will get a consultant. MR. SCHWARTZ: Meanwhile, you are wasting not just the time but all of the brains, all of the knowledge that the people of the Town of Southold could put into this government by failing to do what is even legally required to communicate with the town. What about the minutes of work sessions? Do you intend to take minutes of work sessions? March 23, 2010 Page 71 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: What the Town Board talked about was one of the issues you raised and that we should keep working minutes of the meetings. Not verbatim minutes of the work sessions but we should keep minutes of the work session meeting. We agree with you on that. We want to talk to Betty about trying to make staff available or perhaps some resources to bring someone in to do it. Just the type of summary minutes that had been done historically. MR. SCHWARTZ: That is all I am asking. COUNCILMAN TALBOT: That was discussed at the work session two weeks ago on your recommendation. MR. SCHWARTZ: Thank you. I am almost finished. I would just like to include a mention of a couple other things that were not mentioned in the state of the town address. Legal claims against the town, legal claims by the town. Reality is that we need to have the ability for people to come up here and not brown nose you but to come up here and give you some constructive criticism and not be made fun of. Thank you. SUPERVISOR RUSSELL: We listen to that all of the time. We do that, you heard it earlier tonight. I think this Board has made a special effort to listen to the public, through hamlet meetings, through these meetings. I think we are inordinately patient with you. And we listen to you. I, probably more than any other Supervisor, has given you more time. You know that. When you interrupt at work session, I let you speak. I don't think that was done in the old days, Benja. You know we listen. But sometimes we listen to the same song over and over again and that gets a little redundant. We have acknowledged what you have had to contribute, we have embodied that in a work plan for 2010 and you still complain. COUNCILMAN TALBOT: Benja, one thing I would stick to if I could, in a second, put a five minute or ten minute limit on your speaking but the rest of the Board didn't want to support that, so that didn't go to a vote or anything but honestly, you drive people away when you go on and on about things and there is a lot of people... MR. SCHWARTZ: I try to be brief. COUNCILMAN TALBOT: Well, it is just, you know, (inaudible) MR. SCHWARTZ: If you all think up there on the Board that you are good listeners, then let me tell you, I may not, maybe it is my fault maybe I am not the best talker or communicator but when you invited me to a meeting regarding the potential formation of a natural resources division and I tried to talk about the entire structure of town government and how a natural resources division would fit in with different departments, none of you wanted to discuss any of that. You wanted to focus in on that one issue and you doing good job on focusing in on the issues but one of the reasons that I keep coming back here is I don't see a vision of the comprehensive picture and the website is a very good example. If you look at the website, there should be a template. Simple, basic information, same types of information about each March 23, 2010 Page 72 Southold Town Board Meeting Minutes department, each division, each committee, instead of having everything in chaos. SUPERVISOR RUSSELL: Let me just remind you. When we talked about the natural resources division, go back and watch the tape, which I am sure you do, I agreed with you that night. You and I were on the same page with regard to that. You know what, Benja, you are part of the process, it is not like you give us marching orders and we need to run at your beck and call, you are part of the process. You are one of many, many voices in this community and we do accept what you have to say and embody that when we can. Okay, would anybody else? Nick, please. NICHOLAS DEEGAN: Nicholas Deegan from Mattituck. Marlene Lane. Mr. Orlando, I am sorry I wasn't around when you came around the neighborhood to canvass but I will tell you right now, I would have voted no against the 7-11 so you can have that in the no column. COUNCILMAN ORLANDO: And to make a list. I was just talking to people. MR. DEEGAN: I want to thank the Supervisor for taking leadership on the moratorium issue, I think that is the best news I have heard in a long time and we support you on that and talk to the other, address the other board members who in the past have lived in Mattituck and probably spent a lot of time there, maybe still spend a lot of time there and Mr. Ruland still lives there, Vincent, you used to live there? COUNCILMAN ORLANDO: Correct. MR. DEEGAN: So I am this concerned that you probably seem to tend to favor the business end over the public, the residential side and the safety issues and this and if it is property rights, I think also we need to address the rights of the safety issues for the public. When you are thinking about the corridor and the traffic study... COUNCILMAN ORLANDO: Well, I am not speaking for anyone but myself, Nick. But that is what I said, I am concerned for the business and the public, there is a real concem there for both. So you know, that is why I said to Albert, that I agreed with him. That if we get something specific, we can work something out. This would be good for us. SUPERVISOR RUSSELL: I think the Board has shown an interest in tD4ng to balance all of those issues and interests. I don't think they are favoring one over another and to be candid, I probably should have put more on the paper when I proposed the moratorium. I emailed them all a week ago to let them know I was going to do that and it is my job to convince them that we need that for the four months and I will take that challenge up. MR. DEEGAN: Thank you. SUPERVISOR RUSSELL: Thank you, Nick. And where we you when they shut down the St. Patrick's day parade? I thought you would be up here screaming, hooting and hollering. March 23, 2010 Page 73 Southold Town Board Meeting Minutes. MR. DEEGAN: I was here that night but I left it to others. Thank you. SUPERVISOR RUSSELL: Anyone else? Jill. JILL FRANKE: Jill Franke, or as Stewie Horton calls me, Franke girl. I just wanted to thank the Town Board for appointing Linda Goldsmith and Linton Duell. I have been working on the park district since August, trying to clean it up, straighten things out. They have a big mess to clean up, things are in quite a disarray and I also want to thank Linda Cooper, she answered a million FOILS from me since August. Everything was done timely, she has answered emails, phone calls and whatnot. I would also like to say I agree with Mr. Orlando on the motorcycle. My older brother is a police officer in Florida and he has been hit three times on his motorcycle, people running the lights and I have a brother that was killed on a motorcycle. So, thank you. SUPERVISOR RUSSELL: Thankyou, Jill. Let me just make our position completely clear for this East Marion, that has seemed to become a huge issue. This Town Board has no interest in meddling in the affairs of the park district. We merely, as a matter of law, appointed two people that we hope will get in and organize an election by December, so that it becomes truly a duly elected board. But we have a hands-off approach from this day forward. Yes? MARGARET LYNAUGH: Margaret Lynaugh, Old Sound Avenue. With this corridor study and no moratorium, does this allow 7-11 to go ahead being that the closed it down? SUPERVISOR RUSSELL: Currently the application is in process and being processed. The moratorium I proposed would have ceased any activity on pending applications, which is two. That would be that one and Chase Manhattan bank going in across the street. Under the proposal or the solution the Town Board came up with today, we will go ahead with the corridor study but let the due process take place. If they have already been investing in the process, let them continue to go through the process. MS. LYNAUGH: That is such a dangerous comer to allow something like 7-11 to go up. You cannot even get out of the shopping center some days and I pointed that out to Ms. Evans when she was campaigning. That you can't get out of the shopping center. I can't get home some days. I use Factory Avenue coming and going. COUNCILMAN ORLANDO: It is a tough spot. No one disagrees. MS. LYNAUGH: To allow 7-11 to go into that spot. COUNCILMAN KRUPSKI: Well, that is one of the things that we are going to have to decide. Whether to include the two current site plan applications in a moratorium or just go forward and also what we would look for, what our goals would be. In a site plan moratorium you look for parking, you look for traffic flow, you look for site plan design to see what the final product would look like, screening from residential, improvements to the current site plan process for any new and everyone knows. You know, we talked about the Dairy Queen on the comer and all of these businesses change hands and the potential for what happens when they change hands, when March 23, 2010 Page 74 Southold Town Board Meeting Minutes they accumulate properties; what could go in there, and that is what it has got to address. MS. LYNAUGH: Well, I understand there is a restaurant going in next to McDonalds, going east? SUPERVISOR RUSSELL: There is an inquiry, I don't know if formal site plan has been applied for but it would be a restaurant and a retail center proposed on that triangular vacant piece behind the existing gas station and unsanctioned convenience store in that building, there is vacant piece of property. My understanding is there had been an inquiry from someone who wants to put in a restaurant and a separate retail store there, that would be a bit of a concern for me as well because I would like them to know early on, before they invest in the process, whether that is something the town can fathom which would be really elongating that retail conidor far too long and getting away from the goals of the hamlet stakeholders initiative. But again, I don't if that application has been made yet or not. MS. LYNAUGH: The Planning Board can approve the 7-11 at any time, is that so? SUPERVISOR RUSSELL: If they are satisfied that the application requirements have been made. My understanding is there is still work left to be done. MS. LYNAUGH: Thank you. MR. SPANOS: Will the gas on that location continue to operate? Because there are some 7- 11 's that have gas stations. SUPERVISOR RUSSELL: No. MR. SPANOS: Because you guys put in a law, a code, that you cannot .... SUPERVISOR RUSSELL: The application is to trade in current uses for one use as a 7-11 convenience store. They have not made the upgrades to the tanks that they would need to, I think it is state law, Chris? Or town law? COUNCILMAN TALBOT: It was Suffolk County law... SUPERVISOR RUSSELL: The~ decided to trade in all the uses and trade in the need for that investment and then find a new tenant, which is how 7-11 came to be. MR. SPANOS: Didn't you put in a new code as far as it only fell under gas stations, the certain square footage for convenience stores. SUPERVISOR RUSSELL: Accessory... MR. SPANOS: If you applied that code to all convenience stores, 7-11 would fall under the same category, wouldn't it? March 23, 2010 Page 75 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: We undertook a specific amendment to the code for specific accessory uses. Convenience stores being one of them. Not for the general principal uses of convenience stores. That was part of the discussion. It didn't make it through the review process and that was under an old Town Board. Chris wasn't even a member of the Board when most of that work was done. MR. SPANOS: Well, it is not too late to change it. I mean, you guys make amendments to code all the time. COUNCILMAN TALBOT: That one wouldn't be .... COUNCILMAN ORLANDO: Accessory convenience stores to gas stations. SUPERVISOR RUSSELL: That was contemplating two or more uses on one site. COUNCILMAN TALBOT: Jim, that would be, the 7-11 would be a primary use there, so it wouldn't be an accessory, it wouldn't have anything but a 7-11. SUPERVISOR RUSSELL: A principal and singular use would be there. COUNCILMAN TALBOT: I have one question myself and this has been discussed a couple of times, I don't think that moratorium intended on changing the zone where the 7-11 site is. SUPERVISOR RUSSELL: No, what my proposal would be is to look at the current code, look at buffering requirements whether they need to be required or they can be malleable by a planning board. Under current code the Planning Board can reduce buffer sizes or perhaps there is a time where we need to say these are mandated buffers. Things like that. There are traffic issues, if there is a way to solve Factory Avenue with the one way, the applicant ought to know that now before they break ground for a new 7-11 because that might fundamentally change their interest in that site. But again, it is the whole area. MR. SPANOS: I don't see how a 7-11 would be worse traffic than a gas station, you know, with the traffic coming in and out, when people are stopping to get gas. But what I was thinking you know, a 7-11 is a totally different use. I have seen gas stations go through, you know when the removal of their tanks and if they have an environmental problem, all usages cease by the DEC. Has the DEC been informed on the uses that they want to use for the 7-11 convenience store and will there be ground testing on that site before the 7-11 is put in, a phase two? SUPERVISOR RUSSELL: When the application comes in it gets, we pitch it out to all interested parties including the DEC. So any comments or concerns they have had should be part of the Planning Board file. You should go and look at it. MR. SPANOS: Very good. Thank you. March 23, 2010 Page 76 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Art? MR. TILLMAN: I forgot to mention before that in talking to Mr. Chaudry, the proprietor of Magic Fountain, interestingly he told me that he managed three 7-11's prior to being the proprietor of Magic Fountain and he spoke to me about the problems he had, particularly after 11:00 in the evening with people hanging out and the drinking and he mentioned all the times he had to call 911. Now that I guess would go under the realm of subjective. I mean, you can count cars and things like that and I, I don't know, is there some way for the Planning Board to weigh and consider the subjective opinion of a man with that kind of experience? SUPERVISOR RUSSELL: That is a legal issue I will pitch over to Martin. TOWN ATTORNEY FINNEGAN: I think the Planning Board does consider safety issues, traffic issues, all those issues. And if it is in their record before them, they can consider it. MR. TILLMAN: And can they consider the track record that 7-11 seems to have in other places, such as Southampton? Where it becomes a hangout and basically a place to pick up labor? COUNCILMAN ORLANDO: They can consider all of that. MR. TILLMAN: Well, I hope they will. Another aside, I was thinking, unfortunately of your brother, you mentioned that and that is terrible. We are not doing anything. We seem to be unable to do anything about the deer population and there are so many motorcyclists coming out here from, and they don't know this area, and boy, these deer are really deadly to motorcycles. I think we lost somebody in town, was it late last year, a year and a half ago? Might it be possible to put a big sign up on Sound Avenue, Main Road, probably should be done in Riverhead, warning motorcyclists about the deer? COUNCILMAN KRUPSKI: No, we are going to put a sign up asking the deer not to use the road. SUPERVISOR RUSSELL: We have a proliferation all over town of deer warning, deer signs. Whether they are paid heed to or not, I don't know. our problem is we struggle with this issue as a local pest control issue but the state still manages it as wildlife management. We are trying to get them to understand that we are no longer in wildlife management, we are in pest control and they have the keys to the kingdom in letting us do something effective. COUNCILMAN KRUPSKI: We had a deer management meeting last night, right down the hall here, and we are making progress with the DEC because of Jeff Standish's efforts running a successful hunting program on town lands for the last two years. Because we have a legitimate track record, we have made some inroads with the DEC to increase the take for next year. People down Bayview have said this has made a difference, they have seen a difference in deer population down there. The problem is, the population is so high and it is going to increase by at least one third in a couple of months, that what, you know, our efforts are still, fall far short. However, we are currently drafting a letter which the Town Board will review in two weeks, we March 23, 2010 Southold Town Board Meeting Minutes Page 77 are going to send it out to the east end towns, we are going to try to get people on board as far as the Peconic estuary program because it affects the waterways with the water qualities, Audubon Society because the deer are destroying the under story and they are changing the bird habitat, eliminating bird habitat for a lot of species. So there are a lot of, it is not just car accidents and it is not just crop damage. There are a lot of other concerns that we are addressing and are going to try to attack it at a higher state level whether it is politicians in Albany affecting it, the DEC's decisions or the DEC affecting legislative changes in Albany. So we are going to work it at that end also. SUPERVISOR RUSSELL: I can't speak to the enormous economic, environmental, health and safety welfare crisis that this town will be facing, if it is not already facing it, in just the next few years if the state doesn't step in and take action or at least allow us to take action. The economic, you know, farmers or people that retire from farming are no longer renting land because the farmers that were renting the land just can't beat back the deer population. The deer losses. We have farmers threatening to go out of business that have been in farming for generations. We have health, human safety issues, ironically, state, federal law requires that we come up with a wildlife management plan but the enforcement body is the DEC at the state level. They are the ones that won't let us come up with a wildlife management plan. We actually might have to face some type of litigation to be heard. And also let me point out that Albert referred to it as Dairy Queen, he is a lot older than me. I called it Magic Fountain. MR. TILLMAN: Now, back to that safety issue, I know the signs are out but you drive them, or they would drive by them and probably not give it much of a thought because they are not familiar with the area. I think just something maybe a little bit bigger, more dramatic or whatever. SUPERVISOR RUSSELL: We will certainly pitch that to the Transportation Commission. Good idea. Thank you. MR. TILLMAN: You will, right? Thank you. SUPERVISOR RUSSELL: Can I just ask if anybody hasn't had a chance to speak? That wants to speak for the first time before I go back to revisit? CYRIL LUKEMAN: Good evening, my name is Cyril Lukeman, often referred to as Cy. One of the things that I noticed in this meeting is you have very passionate people speaking about issues in which they are greatly informed but what you don't see are a lot of the people that are busy working every day, that have businesses, have families. They are also very knowledgeable and very informed and they would also like to come to these meetings but when you hold them during the day, the work sessions, they feel disjointed. They are coming into the discussion later, they don't have the deep familiarity of the issues that some people here do. so they are intimidated and then to hear those who speak, speak with such confidence and with such zeal for their passionate positions, further discourages them. So I would maybe ask the Board to consider holding meetings in the evening where the people who work and own businesses in this community, businesses that pay the taxes, businesses that gives support and sustenance to the March 23, 2010 Page 78 Southold Town Board Meeting Minutes residents of this community. Sitting here, I would almost think that business is a bad idea. I just don't get it. COUNCILMAN TALBOT: I agree. That wouldn't be just for the business owners though, because at a work session here we have 10 people or 20 people here if we are lucky and you have less than 1/10 of a percent of the population that gets to paxticipate and the best discussion goes on at the work session. I agree with you. SUPERVISOR RUSSELL: Cyril, let me tell you. As part of the state of the town I proposed the idea that the Town Board become more mobile in its meetings. Allow for meetings in little, you know, different geographic areas. Issues of Mattituck could be put on the agenda and have the meeting in Mattituck. Have a meeting in Orient when we are discussing Orient issues, to try to reach out and get more community input. But I do meet monthly with all of the chamber representatives and the Southold business alliance representative to try to get business input but you are right, they are too busy working and running a business to be heard sometimes and we need to make a better effort of reaching out. COUNCILMAN ORLANDO: It is a great idea, Cy, I really appreciate it. There is only one problem, a lot of the work sessions involve the town employees and because of the contract, we would be forced to pay them overtime. So that is an issue with some of them maybe, the work sessions. But I think it is a great idea. MR. LUKEMAN: I totally understand your point, Councilman Orlando, so there could be a hybrid type of meeting where you certainly would conduct business that affected the working of the government and where you needed the input of the employees but certainly you could take what you learned from that meeting and discuss it with the residents of the community in a way that allows you to conduct your business .... COUNCILMAN ORLANDO: We do create an agenda that .... MR. LUKEMAN: Yeah, and then also allows you... COUNCILMAN ORLANDO: ...that doesn't involve (inaudible)... MR. LUKEMAN: (inaudible) because they are not necessarily concerned with the intricacies of who is getting an appointment, why this particular contractor or vendor is better than the next, I don't necessarily think that that's, but to get a more, oh, I want to use germane but I don't think that is correct but I think for them to just get a better feel for the direction of the community or else just to put in their own input because I think as some people say, well, that study may be a little biased or that question may have a pulled nature to it and that allows someone to, their answer to meet the question, I think when you have so many activists in a room, that are so knowledgeable and they demonstrate their expertise in such fine fashion, you lose the flavor of the community. And I think there is a lot more going out amongst the community than gets brought to your attention here. And I think to downplay a councilman's efforts and there was more than just one councilman that went out and spoke to the community about present issues in March 23, 2010 Page 79 Southold Town Board Meeting Minutes front of them, to downplay and to think that you are rigging it, it is just disingenuous and I feel bad for you guys sometimes to have to sit and listen to this because its, it makes you think that people think less of you and think that there is this agenda. Scott, a lot of (inaudible) that know that Scott Russell has an agenda? I mean, come on. That is pretty good, people have been wondering about what Scott Russell's agenda is for a while. So to put something down on paper... SUPERVISOR RUSSELL: I am trying to put Krupski pumpkin farm out of business. With all my power and might. MR. LUKEMAN: You know what? You won't be able to do that, the deer can't even do that. Anyway, thank you. But thank you and I just thought, maybe you might want to balance. COUNCILMAN KRUPSKI: No, that is a good point. The more and I like the supervisor's idea about taking the Town Board meetings on the road, too often we do get people and they get a packed room because there is a crisis and a lot of times you get public input and the Board goes in a slightly different direction because we got input from people who know about the issue and it is low key and then there is no issue and there is no crisis. Nobody even knows about it and that is one of the reasons I thought it was good that the Supervisor did the state of the town address because a lot of times we don't communicate what is going on in town or like with the hiring and whatnot, why we are doing certain things. We don't communicate that. And so, to get around the town, it helps us, we get input, regular everyday input. It helps us make better decisions and then there is no big deal. SUPERVISOR RUSSELL: I had been scheduling, when I first came in, hamlet style meetings throughout the entire, each of the hamlets and I would advertise these meetings and if, unless there was a hot button issue in that particular, you know, 1 would get four or five people show up. But if there is proposed affordable housing at Factory, you know, the room was packed to discuss the one issue in Mattituck. Or in Orient, I had three people at my hamlet meeting a year ago and what seemed to be about 3,000 people at the one a few weeks ago when we discussed water. You know, but again, some of the stuff is just trying to make the process easier and we are listening to people like Benja, who say the website needs to be user friendly because a lot of people maybe don't have the time to get there at 7 at night if they are putting kids to bed but if they want to contribute through the intemet. We are going to make that happen. We do listen to people like Benja and take the input seriously and we are working very hard to be as inclusive as possible. My moratorium idea was centered on engaging with the business community to have them help us solve some of the problems. It is the business community that is alarmed at the direction of Mattituck and you know, the problem is we have to balance sometimes being very pro-business isn't necessarily being very pro-property rights. Sometimes they balance each other. The CVS in Southold was an excellent example. The Southold business alliance led the charge against it. Again, it is all about balancing those issues. MR. LUKEMAN: Property rights and the colliding of the two aren't the only factors that go into play. March 23, 2010 Page 80 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: That is true, too. You are absolutely right. MR. LUKEMAN: It is such-a broader discussion and to crush business in any part of this town where as a nation we, business is like beep, beep and a moratorium go deee. Is that what you want. SUPERVISOR RUSSELL: With a proposal for a moratorium? MR. LUKEMAN: Well, a broad one. Wouldn't necessarily, it's like you are using a took, a sledgehammer when you could use a hammer that is like .... SUPERVISOR RUSSELL: We only have two pending applications in Matfituck. I don't see the hue and cry at the economic disaster of Mattituck. All of the existing businesses continue investing in themselves when they can. It wouldn't stop the, you know, there was a concern that it was going to stop the renovation of the Dickerson's marine to the, actually, he is not under the aegis of the moratorium because it is simply a building permit. None of that was going to stop. I think the downturn in the current economy and in the past presents an opportunity to look at it before we start crushing investment we don't want to see. Let's get it right now. you know, down economies present real challenges but they also present real opportunities. With only two pending applications in Mattituck, it seemed like now or never to get it done. MR. LUKEMAN: It doesn't have to be a now or never, I think the suggestion by Councilman Talbot to use the tools you have is an excellent idea. So, thank you very much. COUNCILMAN ORLANDO: Now, Cy, before you run, I wanted to respond to your comment about something being rigged because I went to talk to people... MR. LUKEMAN: I didn't use that .... COUNCILMAN ORLANDO: And I don't know if Art alluded to that or not, I don't think he did but I probably, you know, Art doesn't know who I am and know my character. I might wear a tie once in a while but I am a hands on guy. Ask Linda Goldsmith. Not only did she bring up the playground in East Marion, I went out there and made sure it was done. I was out there every day. Ask Pete Harris. When there is a project in town, I am down there on the Nextel talking to him, going to look at the project, is it done, how is it going? Lillian Ball, when she was doing the project in Mattituck down at the inlet, I was down there a few times making sure things were going right, any problems..., so I am a hands on person, so I need to grasp things, that is who I am. So I went down there to get a hold of this, where I can understand and go talk to people. I don't know if Art was alluding to that but that is who I am. I need to go feel and touch things. MR. LUKEMAN: And which is very good character to have. Thank you. MR. SPANOS: Just one more thing. Sorry about this. But I am not sure everyone is against the 7-11 in Mattituck and I think maybe because it is going to be a 24 hour operation, is there any way to put in the code to stop any retail 24 hour operations on the north fork, because I think we March 23, 2010 Page 81 Southold Town Board Meeting Minutes have enough that are already existing. And saying this is going against my best interest because we have a gas station and a convenience store and I am thinking of you know, the general population and maybe an ordinance against 24 hour retail stores might solve the problem. Is that unconstitutional? SUPERVISOR RUSSELL: We looked at that and I think that presented challenges, constitutional challenges in terms of the regulation of the hours of the use. COUNCILMAN KRUPSKI: You realize that was... TOWN ATTORNEY FINNEGAN: You cannot regulate hours of operation. COUNCILMAN KRUPSKI: You realize that was a quality of life issue. That is a place for people to congregate all night. That is the... MR. SPANOS: I think it is going to be a disaster. I remember when I was a teenager, we used to congregate in the shopping center at A & P and that was a mess. So if it is going to happen 24 hours, I mean, it is going to be a nightmare. That is about it. SUPERVISOR RUSSELL: Okay. Would anybody else like to come up and address the Town Board? (No response) Can I get a motion to close? Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 9:56 P.M. Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell