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Home My WebLink AboutTB-05/18/2010ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork.net 2. 3. 4. 5. 6. 7. 8. 9. 10. MINUTES May 18,2010 4:30 PM A Regular Meeting of the Southold Town Board was held Tues., MaX 18, 201 ? at th~ ~eeting Hall 53095 Main Road, Southold, NY. Supervisor Russell o~ed the ~et!ng at 4i~¢pM with the Pledge of Allegiance to the Flag. Call to Order 4:30 PM Meeting called to order on May 18, 2~1~ at Southold, NY. I. Reports Hall, 53095 Route 25, Trustees Monthly Report Recreation Department Town Clerk Special Proj~ Island Plan Justice Ru~h Annual Financihl Report Zoning Board of Appeals 11. Program for the Disabled May 18, 2010 Page 2 Southold Town Board Meeting Minutes II. Public Notices 1. NYS Liquor License Renewal 2. Construction of a Proposed 75' Unipole Style Monopole III. Communications IV. Discussion 1. 9:00 Am - Peter Meeker, Southold Town Energy Committee 2. 9:30 Am - John Sepenoski, Jamie Richter 3. 10:00 Am - John Cushman 4. Request for Parking Relief 5. Application for Trailer Permit for Temporary Housing 6. 11:00 Am - Jim McMahon 7. Exposure Control Plan 8. LWRP/Acceptance of Policies for Submission to NYSDOS 9. Set Public Hearing, LL Night Fishing Permits 10. Set Public Hearing LL Accessory Apartments 11. Plum Island Scoping Session 12. Committee Membership 13. Request for Use of Preserved Property, ABTF 14. Wireless Code Amendment for Cell Tower Preferred Locations 15. Request for Use of the New Suffolk Boat Ramp 16. Executive Session 17. Compost for a New Suffolk "Community Garden" Opening Statements Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance to the Flag. At this May 18, 2010 Page 3 Southold Town Board Meeting Minutes point, I would invite anybody and by anybody, I mean Frank Wills or Ray Huntington to come up and address the Town Board on any issue? (No comment) None? Let's move forward. V. Resolutions 2010-362 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated May 18~ 2010. [] Adopted [] Adopted as Amended Yes/Aye No/Nay Ab~!n Ab~ [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supeivisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] Town Clerk's Appt Scoit Russell Voter [] [] [] [] [] Supt Hgw-/s Appt 2010-363 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set Next Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, June 1, 2010 at the Southold Town Hall, Southold, New York at 4:30 P. M.. ~Y6te R~a:o~d; Resolut on RES-2010.363 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albert IQaapski Jr. Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-356 Tabled 5/4/2010 4:30 PM CA TEGORY: Bid Acceptance DEPARTMENT: Solid Waste Management District May 18, 2010 Page 4 Southold Town Board Meeting Minutes Accept Bid of Cornwall Coal for Bagging System from SWD RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Cornwall Coal Sales~ LLC (P O Box 465~ Cornwall~ NY 12518) in the amount of $45~001 for the purchase of the JEMS Model MCR600 Bagging System from the Southold Town Solid Waste Distriet, all in accordance with the review and approval of the Town Attorney. ~' V6tg R~rd ~ Resolution RES~20i0-356 '[] Adopted [] Adopted as Amended Y~y~ N~NaY Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [3 [] [] Supt Hgwys Appt 2010-364 CATEGORY: DEPARTMENT: Employee Title Change Employment - Town Accounting RESOLVED that the Town Board of the Town of Southold hereby changes the Civil Service title for Terry Pace of the Highway Department from Highway Labor Crew Leader to Auto Mechanic IV, effective immediately at the same rate of pay. ~ Yo~ R~rd" Resolution RES;2010~364 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Rulmad Voter [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] ~ [] [] Louisa P. Evans Voter [] [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter ~ [3 [3 [] [] Supt Hgwys Appt o Comments regarding resolution 364 SUPERVISOR RUSSELL: Let me just clarify for the record, that is not a new position or a promotion, this is simply paperwork needed to conform with civi! service job descripti0n~ 2010-365 CA TEGOR Y: DEPARTMENT: Budget Modification Police Dept Budget Modification- Police Department May 18, 2010 Page 5 Southold Town Board Meeting Minutes Fiscal Impact: Donation received by the Police Department to be put towards the Office Equipment/Chairs budget line. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Whole Town budget as follows: To: Revenues: A.2705.40 Gifts & Donations $500 To~: Appropriations: A.3120.2.200.200 Office Equipment/Chairs $500 Vote Record - Resolution RES-2010-365 1~ Adopted [] Adopted as Amended Yes/Aye NofNay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albert gaupski Jr. Initiator [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-366 CATEGORY: DEP,4RTMENT: RetiremenffResignation Police Dept Accept Intent to Retire- Todd Pezzolesi RESOLVED that the Town Board of the Town of Southold hereby acknowledges Todd Pezzolesi's intent to retire from the position of part-time Constable Fishers Island effective June 1, 2010, and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to place an advertisement in the New London Day seeking candidates to fill an anticipated vacant part-time Constable Fishers Island position. ~ Vol~ R~rd; Resolution ~S-20!0~366 [] Adopted [] Adopted as Amended Yes/Aye No/Nay ~ Abstain Absent [] Defeated William Ru]and Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [3 [3 [] [] Withdrawn Christopher Talbot Se~0nder [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] : [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt May 18, 2010 Page 6 Southold Town Board Meeting Minutes 2010-367 CATEGOR~ DEPARTMENT: Attend Seminar Police Dept Grant Permission to Police Officer Hudock to Attend Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Police Officer Thomas Hudock to attend the State of New York Juvenile Officers Association Quarterly meeting commencing on Thursday~ June 3rd through Friday, June 4th ~ 2010 in Geneva~ New York. All expenses for travel and miscellaneous expenses to be a legal charge to the 2010 Juvenile Aid Budget line- A.3157.4.600.200. Travel to be by Department vehicle. Vote Record ~ Resolution RES-2010-367 [] Adopted [] Adopted as Amended Yes/Aye No/Nay : Abstain Absent [] Defeated William Ruland Voter [~ [] [] [] [] Tabled Vincent Orlando Voter [~ [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] 1'3 [] Supervisor's Appt [] Tax Receiver's Appt ~!b~rt ~P~k! Jr: Voter [] [] [] [] [] Rescinded Louisa P, Evans Seconder [] [23 [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hlgwys Appt 2010-370 CATEGORY: DEPARTMENT: Employment - Town Accounting Hire Pumpout Boat Operators Fishers Island RESOLVED that the Town Board of the Town of Southold hereby appoints Michael L. Conroy and George E. Peabody Jr.~ each to the seasonal position of Pumpout Boat Operator for the Trustees in waters around Fishers Island, effective May 24, 2010 through November 1,2010, at a rate of $16.00 per hour. ~' vote Record ~ Resolution RES-2010-370 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn Clm~top~r Ta!~o~ ~o~r El [3 [] [] [] Supervisoi's Appt [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] : [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-371 CATEGORY: DEPARTMENT: Employment - Town Accounting May 18, 2010 Page 7 Southold Town Board Meeting Minutes Hire Student Intern for Stormwater Mitigation RESOLVED that the Town Board of the Town of Southold hereby appoints Meaghan Burke to the position of Student Intern II in the Planning Department at a rate of $12.00 per hour, said appointment starting on or about May 24, 2010 and ending on or about August 13, 2010, with the costs associated with this employment to be funded in full or in part by grant contract C303426, Peconic Estuary Program - Hashamomuck Pond between the Town and the NYS Department of Environmental Conservation or other storm water mitigation grant contracts with other state agencies. Vote Record ~ Re-~olUt[on R~8-2010-371 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent Alb~ ~pski Jr. S~ond~ ~ ~ ~ ~ ~ Supt Hgwys Appt 2010-372 CATEGOR~ DEPARTMENT: Budget Modification Accounting Budget Modification for Independent Accountants Fiscal Impact: An appropriation not to exceed $1500 for assistance with the calculation, review and preparation of W- 2c's and 94IX's for Section 207c payments made from 2007 to 2009. The Town will recover the employer match of FICA and Medicare taxes for this period, as well as not incur the cost of these benefits relating to 207c payments for the current and future fiscal years. The Town will recover and return to the employee said taxes for 2007 to 2009 if permission is granted by the impacted employee. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Whole Town budget as follows: From: A.9030.8.000.000 To.' A.1320.4.500.300 Social Security Benefits $1,500 Independent Auditing and Accounting $1,500 May 18, 2010 Page 8 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended Yes!AY~ N0~ny Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled vincent orlando Seconder I~ D [] ~ [] Withdrawn Christopher Ta!b0~ Voter [] [] [] [] [] Supervisor's Appt Albert Kmpski Jr. Initiator [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-373 CATEGORY: DEPARTMENT: Employment - Town Town Attorney Memorandum of Agreement W/CSEA RESOLVED that the Town Board of the Town of Southold hereby approves the Memorandum of Agreement between the Town of Southold and the CSEA dated April 20, 2010, concerning the settlement of employee Grievance Nos. 2009-001 and 2009-009. ,/Vote R~rd. Res~!~,~n RES-20i0-373 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland voter [] [] [] El [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn [] Supervisor's Appt Christopher Talbot Seconder [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] , [] Supt Hgwys Appt 2010-374 CATEGORY: DEPARTMENT: Employment - Town Accounting Hire Student intern - Planning Department RESOLVED that the Town Board of the Town of Southold hereby appoints Nicholas A. Dickerson to the position of Student Intern III in the Planning Department at a rate of $15.00 per hour, said appointment starting on or about June 21,2010 and ending on or about September 17, 2010. Vote ReCOrd - Resolution RES-2010-374 [~ Adopted [] Adopted as Amended Yes/Aye No/Nay Absta n Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Chri~pher Talb0[ Initiator [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albc~t Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt May 18, 2010 Page 9 Southold Town Board Meeting Minutes 2010-375 CATEGOR~ DEPARTMEN~ Contracts, Lease & Agreements Town Attorney Lease Agreement W/Capital One Bank RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Lease Agreement between the Town of Southold and Capital One Bank for the public parking lot located on Pike Street in Mattituck, for a term often years, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2010-375 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn CMistopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-376 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the Orient Fire Department to Hold Its Annual Memorial Day Parade in Orient on Monday, May 31, 2010 Fiscal Impact: Police Department Cost for the Event = $287. O0 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Orient Fire Department to use the following route for its Annual Memorial Day Parade in Orient on Monday~ May 31~ 2010 beginning at 7:30 AM: begin at the Firehouse and take Tabor Road to Orchard Street to Navy Street to Village Lane to Main Road and back to the Firehouse, 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. May 18, 2010 Page 10 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2010-376 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] {3 [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisot's Appt Albert Krupski Jr. Seconder ~ [] [] [] [] Tax Receiver's Appt [] Supt Hgwys Appt 2010-377 CATEGORY: DEPARTMENT: Employment - Town Recreation Hire Summer Seasonal Staff Resolved that the Town Board of the Town of Southold appoint the following 2010 seasonal summer staff for the period June 26 - September 6, 2010 as follows: STILLWATER LIFEGUARDS HOURLY SALARY Ivy Croteau (2nd year) .............................. $12.17 Adam Doroski (2nd year) ............................ $12.17 Jordan Doroski (8th year) ........................... $13.82 Ryan Farrell (2nd year) ............................... $12.17 Aidan Fogarty (2nd year) ............................. $12.17 Matthew Grzesik (2nd year) ........................ $12.17 Julianne Hall (4th year) ............................... $12.72 Matthew Hallock (1 st year) ........................... $12.17 Brittany Knote (5th year) ............................. $12.99 Nicole Kozlowska (3rd year) ......................... $12.44 Michel Liegey (lst year) ............................. $12.17 Christiana Marron (4th year) ........................ $12.72 McElroy, Timothy (4th year) ........................ $12.72 Sean Norberg (1 st year) ............................... $12.17 Jessica Orlando (3rd year) ............................ $12.44 Kevin Parma (2nd year) ............................... $12.17 Megan Ross (2nd year) ............................... $12.17 Katie Scott (2nd year) ................................. $12.17 Thomas Smith (4th year) .............................. $12.72 Andreas Stavropolis (2nd year) ..................... $12.17 Winston Wilcenski (1 st year) ......................... $12. ! 7 Maeghan Wood (1 st year) ............................ $12.17 Breton Worthington (1 st year) ........................ $12.17 BEACH ATTENDANTS Rick Gramazio (2nd year) .............................. $9.42 May 18, 2010 Page 11 Southold Town Board Meeting Minutes Jacklyn Goy (lst year) .................................. $9.42 Emily Metz (2nd year) ................................. $9.42 Kevin Metz (3rd year) ................................. $9.58 John O'Donnell (2nd year) ............................. $9.42 RECREATION SPECIALISTS (WATER SAFETY INSTRUCTORS) Emma Chylinski (lst year) ............................. $16.57 Jessica McDonnell (1 st year) .......................... $16.57 BEACH MANAGER Arthur Quintana (22nd year) .......................... $15.94 RECREATION AIDES (PLAYGROUND INSTRUCTORS) Jacklyn Goy (2nd year) ................................ $11.34 Ashley Hmz (2nd year) ................................ $11.34 LIFEGUARD TRAINERS Deborah Hennenlotter (Sth year) ...................... $17.24 Meg Sautkulis (lst year) ................................ $15.74 ~Vote Record ~ Resolution RES~2010-377 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated Wilbam Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scoit Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-378 C~4TEGORY: DEPARTMENT: Attend Seminar Police Dept Grant Permission to Detective/Sgt. John Sinning to Attend a Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective Sergeant John Sinning to attend a Microsoft Access 2-Day Hands-On Workshop at the Islandia Marriot Hotel~ in Hauppauge, NY, on June 6th and 7th~ 2010. All expenses for registration and travel to be a legal charge to the 2010 Police Training budget line - A.3120.4.600.200. Travel to be by department vehicle. May 18, 2010 Page 12 Southold Town Board Meeting Minutes Vote Record - ResolutiOn R1~S-2010-378 [] Adopt~ ~ Tabl~ Vine~t Orl~do Vot~ ~ ~ ~ ~ ~ Wi~dm~ C~stoph~ Talbot Second~ ~ ~ ~ ~ ~ Supt Hg~s Appt 2010-379 CA TEGOR Y: DEPARTMENT: Attend Seminar Police Dept Grant Permission to Detective Steven Harned to Attend Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective Steven Harned to attend the annual training seminar for the US Marshal's Fugitive Task Force in Atlantic City~ New Jersey, commencing Mondaw June 14 through Frida¥~ June 18~ 2010. There are no expenses to the Southold Police Department. ~' Vote Rec0rd - R~solUfl0n RES-2010-379 [] Adopted [] Adopted as Amended yes/Aye N0/N~Y ~bsta!n Absent [] Defeated William Ruland Voter [] [] [] [] El Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn c~i~lspfier T~il00t lni~iat0r [] [] [] El [] Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Voter fi] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-380 CATEGORY: DEPARTMENT: Legislation Town Attomey Set PH for 6/15/10 ~ 7:32 PM for LL/Amendment Night Fishing Parking Permits WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18th day of May, 2010, a Local Law entitled "A Local Law in relation to Amendments to Chapters 189 and 260 in connection with Night Fishing Parking Permits. RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 15th day of June, 2010 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. May 18, 2010 Page 13 Southold Town Board Meeting Minutes The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapters 189 and 260 in connection with Night Fishing Parking Permits" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law in relation to Amendments to Chapters 189 and 260 in connection with Night Fishing Parking Permits". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To create an exception to parking restrictions for fishermen and shell fishermen that are residents, guests of residents or nonresidents of the Town allowing parking access to beaches, creeks, and waters within the Town between the hours of 10:00 p.m. and 6:00 a.m. with a proper permit and to relocate the applicable provision for parking at beaches from the Vehicle and Traffic Code (Chapter 260) to the Parking Code (Chapter 189). II. Chapter 189 of the Cod6 of the Town of Southold is hereby amended as follows: § 189-2. Designation of parking areas requiring permits. The following beach parking areas are hereby designated as Town of Southold "Parking by Southold Town Permit Only" areas: C. D. E. F. G. Subparagraphs (1) through (7) - text remains the same. Text remains the same. Text remains the same. Text remains the same. Text remains the same. Text remains the same. The parking of vehicles is hereby prohibited between the hours of 10:00 p.m. to 6:00 a.m. in all of the beach parking areas designated in § 189-2A. § 189-3. Parking permits. Parking permits for parking vehicles in the parking areas designated in § 189-2 of this article shall be issued as follows: B. C. D. E. F. Text remains the same. Text remmns the same. Text remmns the same. Text remains the same. Text remains the same. Text remmns the same. May 18, 2010 Page 14 Southold Town Board Meeting Minutes Night fishing parking permit. For the purpose of ensuring fishermen and shell fishermen parking access to the beaches, creeks and waters within the Town of Southold when such parking access is normally closed (10:00 p.m. to 6:00 a.m.), the following exception to §189-2G is hereby created: [Added 6-8-1999 by L.L. No. 4-1999] (1) Night fishing parking permit. A night fishing parking permit shall be issued by the Town Clerk or a person designated by the Town Clerk to all persons who hold a resident parking permit or a lessee lease parking permit. (2) Non-resident night fishing parking permit. A weekly night fishing parking permit may be issued by the Town Clerk or a person designated by the Town Clerk to any individual holding a nonresident seasonal beach parking permit or to a guest of any person holding a valid resident or lessee parking permit, however, guest permits may only be issued to the holder of a resident or lessee permit upon application and certification duly executed by the resident or lessee clarifying the individual's guest status and providing a valid license plate number and payment of the fee prescribed by resolution of the Southold Town Board. (3) Any motor vehicle having a night fishing parking permit shall be deemed not to be in violation of § 189-2G or § 189-3G and where both the night fishing permit and the resident or lease parking permit are properly displayed. (4) The following rules and regulations apply: (a) At the time a motor vehicle with a night fishing permit is parked at a location during a time in which parking is normally prohibited by § 189- 2G and §189-3G, the occupants of the vehicle must have fishing equipment and be actively engaged in fishing. The permit is nontransferable and valid only for vehicles bearing the license plate number on the permit. (b) Fees. There shall be no annual fee for resident or lessee permits. (c) Duration of permits. All annual night fishing permits provided for in this section shall expire on December 31 of the year issued. Other regulations. Persons using parking areas pursuant to the provisions of this section shall comply with all other laws, ordinances, rules, regulations and restrictions thereto. III. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: § 260-9. Parking prohibited during certain hours. May 18, 2010 Page 15 Southold Town Board Meeting Minutes [Text remains the same.] Co (a) ac ..... .: engagc~ ........... e, ..... r ................................... IV. 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. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. May 18, 2010 Page 16 Southold Town Board Meeting Minutes Vote Record. Resolution RES-2010-3g0 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [~ [] [] [] [] Supcrvisor's Appt [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [~ [] [] [] [] Supt Hgwys Appt 2010-382 CATEGORY: DEPARTMENT: Legislation Town Attorney Set PH for 6/15/10 ~ 7:35 PM LL/Amends. to Use Regulations/Access. Apts. WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18th day of May, 2010, a Local Law entitled "A Local Law in relation to Amendments to Use Regulations within the Agricultural Conservation {A-C) District and Low Density Residential R-40~ R-80, R-120, R-200, and R-400 Districts and Accessory Apartments" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 15th day of June, 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 Use Regulations within the Agricultural Conservation (A-C) District and Low Density Residential R-40~ R-80~ R-120~ R-200~ and R-400 Districts and Accessory. Apartments" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law in relation to Amendments to Use Regulations within the Agricultural Conservation (A-C) District and Low Density Residential R-40~ R-80~ R-120, R-200~ and R-400 Districts and Accessory Apartments". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the intent and purpose of this law to allow accessory apartments within accessory structures in A-C, R-40, R-80, R-120, R-200 and R-400 Districts to provide the opportunity for the development of small rental housing designed to meet the housing needs of median income families, both young and old, and relatives of families residing in the Town of Southold. It is May 18, 2010 Page 17 Southold Town Board Meeting Minutes also the intent of this law to increase compliance with building and fire code, property maintenance, preserve property values and the health, safety and welfare of the community." II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Defmifions. ACCESSORY APARTMENT - An apartment A4w64tmg-m~ created in a presently existing one family dwelling unit or accessory structure pursuant to §280-13A(6 or B13). FAMILY MEMBER - The spouse, domestic partner, child, grandchild, stepchild, parent, aunt, uncle, niece, nephew, brother or sister of the owner or of the owner's spouse or domestic partner. RENTAL PERMIT - A permit issued by the Chief Building Inspector to the owner to allow use and occupancy of a lawfully existing accessory apartment. §280-13. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (1) One-family detached dwellings, not to exceed one dwelling on each lot. (2) The following agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or other odor- or dust-producing substance or use, except spraying and dusting to protect vegetation, within 150 feet of any lot line: [Amended 5-23-1989 by L.L. No. 8- 1989] (a) The raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the premises. [Amended 11-29-1994 by L.L. No. 25-1994; 5-13-1997 by L.L. No. 8-1997] (b) The keeping, breeding, raising and training of horses, domestic animals and fowl (except ducks)EN on lots of 10 acres or more. (c) Bams, storage buildings, greenhouses (including plastic covered) and other related structures, provided that such buildings shall conform to the yard requirements for principal buildings. (d) The retail sale of local produce from structures of less than 20 square feet floor area shall be set back at least 10 feet from any lot line. [Added 5-13- 1997 by L.L. No. 8-1997] May 18, 2010 Page 18 $outhold Town Board Meeting .Minutes (3) (4) (5) (6) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. Wineries which meet the following standards: [Added 11-29-1994 by L.L. No. 26-1994] (a) The winery shall be a place or premises on which wine made from pt/madly Long Island grapes is produced and sold; (b) The winery shall be on a parcel on which at least 10 acres are devoted to vineyard or other agricultural purposes, and which is owned by the winery owner; (c) The winery structures shall be set back a minimum of 100 feet from a major road; and (d) The winery shall obtain site plan approval. Small wind energy systems on parcels greater than seven acres in size, which parcels are dedicated primarily to uses necessary for bona fide agricultural production, and subject to the standards provided in Chapter 277 of this Town Code. [Added 7-17-2007 by L.L. No. 15-2007] One accessory apartment in an existing one-family dwelling, subject to the issuance of a rental permit in accordance with Section 280-13D and the following requirements: (a) The accessory apartment shall be located in the principal building. (b) The owner of the existing dwelling shall occupy one of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years. (c) The existing one-family dwelling shall contain not less than 1,600 square feet of livable floor area. (d) The accessory apartment shall contain not less than 450 square feet of livable floor area. (e) The accessory apartment shall not exceed 40% of the livable floor area of the existing dwelling unit and any addition thereto permitted under Section 280-13 (B)(13)(i) hereof. May 18, 2010 Page 19 Southold Town Board Meeting Minutes (f) (g) (h) (i) (k) (1) (m) (n) (o) A minimum of three off-street parking spaces shall be provided. Not more than one accessory apartment shall be permitted on a lot. The accessory apartment shall meet the requirements of an d~-4tflag-u~ apartment as defined in § 280-4 hereof. The exterior entry to the accessory apartment shall, to the maximum extent possible, retain the existing exterior appearance of a one-family dwelling. ~.-1-~* ~'L,~11 1..~ ~..4~ ^~ ,U~ ~--1~*;.. C^,,~A~*;^~ Subiect to all other restrictions and requirements in this Code, a reasonable expansion of the existing foundation, not to exceed 25% of the living space of the existing dwelling unit, may be permitted to accommodate the creation of an accessory apartment. ~r..;~l .4~;..... 1~,;~1~ ...... 1~.11 C--fi+...... [A d d 5 20 1993 by L .............. , ............................. men e - - .L. No. 6-1993] All conversions shall be subject to the inspection of the Building Inspector and ~ issuance oft-he a certificate of eccupan~y compliance. ......... j. [Amended 5 20 1993 by L.L. No. 6-1993] The bui!~ing dwelling which is converted to permit an accessory apartment shall be in existence, and ka;'e be eligible for or have a valid certificate of occupancy issued prior to January 1, ! 984 2004, or proof of legal occupancy prior to that date. [Amended 5-20-1993 by L.L. No. 6- 1993] The existing building, together with the accessory apartment, shall comply with all other requirements of Chapter 280 of the Town Code of the Town of Southold. Notwithstanding the provisions of § 280-13B hereof, no site plan approval by the Planning Board shall be required for the establishment of an accessory apartment. (p) Approval by the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. May 18, 2010 Page 20 Southold Town Board Meeting Minutes (q) No bed-and-breakfast facilities, as authorized by § 280-13B(441_~) hereof, shall be permitted in or on premises for which an accessory apartment is authorized or exists. [Added 3-14-1989 by L.L. No. 3 - 1989] Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for two family dwe!!ingz and the uses set forth in Subsections B(1, 13, & 14) hereof, are subject to site plan approval by the Planning Board: [Amended 12-21-1993 by L.L. No. 27-1993] (1) Two-family dwellings not to exceed one such dwelling on each lot. (2) Places of worship, including parish houses (but excluding a rectory or parsonage, which shall conform to the requirements for a one-family dwelling), subject to the following requirements: (a) No building or part thereof shall be erected nearer than 50 feet to any street line and nearer than 20 feet to any lot line. (b) The total area covered by all principal and accessory buildings shall not exceed 20% of the area of the lot. (3) Private elementary or high schools, colleges and other educational institutions, subject to the following requirements: (a) No building shall be less than 50 feet from any street or lot line. (b) The total area occupied by all principal and accessory buildings shall not exceed 20% of the area of the lot. (c) Any school shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively thereunder as such. (d) Any such school shall occupy a lot with an area of not less than five acres plus one acre for each 25 pupils for which the building is designed. (4) Nursery schools. (5) Philanthropic, eleemosynary or religious institutions, health care, continuing care and life facilities, but excluding facilities for the treatment of all types of drug addiction, subject to the following requirements: [Amended 12-27-1994 by L.L. No. 30-1994; 11-12-1996 by L.L. No. 20-1996] May 18, 2010 Page 21 Southold Town Board Meeting Minutes (6) (7) (a) No building or part thereof or any parking or loading area shall be located within 100 feet of any street line nor within 50 feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed 20% of the area of the lot. (c) The maximum height shall be 35 feet or 2 1/2 stories. (d) (e) The entire lot, except areas occupied by buildings or parking or loading areas, shall be suitably landscaped and properly maintained. Any health care, continuing care or life care facility shall meet the following standards: [ 1 ] All buildings shall be of fire-resistive construction. [21 All such uses shall be served by adequate water and sewer systems approved by the Suffolk County Department of Health. [3] Patients suffering from communicable diseases shall not be permitted in any nursing home or sanatorium. (Communicable diseases are defined by the Sanitary Code of the Public Health Council of the State of New York.) [4] Eight thousand square feet of lot area shall be provided for each patient bed. Public utility rights-of-way as well as structures and other installations necessary to serve areas within the Town, except that wireless communication facilities must obtain approval pursuant to Article XVII, subject to such conditions as the Board of Appeals may impose in order to protect and promote the health, safety, appearance and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed. [Amended 11- 12-1997 by L.L. No. 26-1997] Beach clubs, tennis clubs, country clubs, golf clubs and annual membership clubs and accessory playgrounds, beaches, swimming pools, tennis courts, recreational buildings and maintenance buildings catering exclusively to members and their guests, subject to the following requirements: [Amended 12-27-1994 by L.L. No. 30-1994; 12-8-1998 by L.L. No. 26-1998] (a) No building or part thereof or any parking or loading area shall be located within 100 feet of any street line or within 50 feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed 20% of the area of the lot. May 18, 2010 Page 22 Southold Town Board Meeting Minutes (8) (9) (c) No such use shall occupy a lot with an area of less than three acres. Children's recreation camps organized primarily for seasonal use and subject to the following requirements: (a) No building, tent, activity area or recreation facility shall be less than 200 feet from any lot line, and any such building, tent, activity area or recreation facility shall be effectively screened therefrom as required by the Planning Board. Buildings intended for use as sleeping quarters shall be not less than 30 feet from each other, except tents, which shall be not less than 10 feet apart. (b) The minimum lot area shall be not less than 10,000 square feet for each cottage, tent or other principal building and not less than 3,000 square feet of land area shall be provided for each person accommodated in the buildings or tents on the premises. EN (c) The sound level of all outdoor public-address systems shall not exceed the intensity tolerable in a residential neighborhood. Farm labor camps, subject to the following requirements: (a) All farm labor camps on farms shall be construed in conformance with applicable laws and shall not be located nearer to any other residence than the residence of the employer, except by specific review and approval of the Planning Board. (10) Veterinarian's offices and animal hospitals, subject to the following requirements: (11) (12) (13) (a) The housing of all animals shall be in a fully enclosed structure, if nearer than 150 feet to any lot line. Cemeteries. Stables and riding academies. EN One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: (a) The accessory apartment shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. May 18, 2010 Page 23 Southold Town Board Meeting Minutes (d) (h) A minimum of three off street parking spaces shall be provided on premises. Not more than one accessory apartment shall be permitted on a lot. The accessory apartment shall meet the requirements of an apartment as defined in Section 280-4 hereof. The entirety of the living floor area of the accessory apartment must be on one floor of the accessory structure. The accessory structure which is converted to permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued prior to January 1, 2008. The existing accessory structure shall comply with all other requirements of this Chapter. Approval of the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. No bed-and-breakfast facilities, as authorized by Section280-13 (B)(14) hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists. Occupancy of resident structures on the premises shall be subiect to the issuance of an annual rental permit in accordance with Section 280-13D and the following requirements: The owner of the premises shall occupy either the existing single- family dwelling unit or the accessory apartment in the detached accessory structure as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy evidenced by a written lease for a term of one or more years to: a) a family member; or h) to a resident who is currently on the Southold Town Affordable Housing Registry and eligible for placement. [21 Rents charged to a resident on the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to §280-30(F) of this Code. May 18, 2010 Page 24 Southold Town Board Meeting Minutes [31 No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code. [41 An accessory apartment shall only be occupied or otherwise utilized in accordance with the certificate of occupancy issued for the dwelling unit. (k) The Chief Building Inspector, Zoning Inspector, and Town personnel who are engaged in the enforcement of the provisions of this chapter are authorized to make or cause to be made inspections to determine compliance with this chapter and are authorized to enter upon any property for the purpose of said inspections. (14) Bed-and-breakfasts which have been issued a bed-and-breakfast permit by the Building Inspector. Said permit shall be issued for a term of one year if the following conditions are met: [Amended 3 - 14-1989 by L.L. No. 3-1989; 2-7-1995 by L.L. No. 3-1995] (a) A smoke alarm shall be provided on each floor and in every guest room. (b) The dwelling shall have at least two exits and there shall be a window large enough for emergency egress in each guest room. (c) The identification sign shall be no larger than two square feet in areas zoned Residential-Office or higher, but there shall be no exterior signage identifying the use as a bed-and-breakfast in residential areas. (d) No accessory apartment, as authorized by § 280-13B(13) hereof, shall be permitted in or on premises for which a bed-and-breakfast facility is authorized or exists. (15) Historical society. [Added 11-12-1996 by L.L. No. 20-1996] (16) Preservation and use of a federal or state designated historic building for the purpose of hosting community events, together with the use of part of such building for professional offices and/or one apartment, not to exceed a total of three uses per building, provided that such building is owned and maintained by a not-for-profit historic organization. In no event shall there be more than one apartment per building. [Added 10-25-2005 by L.L. No. 18-2005] Rental Permit for Accessory Apartments: Notwithstanding any prior course of conduct or permission granted, no owner of property shall cause, permit, or allow the occupancy or use of an accessory apartment created pursuant to Sections 280-13A(6) or 280- May 18, 2010 Page 25 Southold Town Board Meeting Minutes 13B(13) without a valid rental permit issued upon application to the Chief Building Inspector. (1) Content of Application: An application for a rental permit or for a renewal of a rental permit shall bear the notarized signature of the owner and contain the following information: a) The name, date of birth and telephone number of the owner. b) The address of the subject property including street address and Suffolk County Tax Map number. c) In the event the owner is a corporation, partnership, limited liability company or other business entity, the name, address and telephone number of each owner, principal, officer, shareholder, partner or member of such business, d) The name(s) and telephone number(s) of all tenants. e) A copy of the lease agreement between Owner and Tenant. t) A copy of the certificate of occupancy or pre-existing certificate of occupancy for the property. (2) The owner of an accessory apartment within an existing one family dwelling shall, in addition to the information required in Section 280-13D(1 )(a)-(f), provide a certification that the existing dwelling or accessory apartment is occupied by the owner and that the premises is in compliance with all of the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. (3) The owner of an accessory apartment in an accessory structure lawfully existing pursuant to Section 280-13B(13) shall, in addition to the information required in Section 280-13D(1)(a)-(f), provide a certification that: a) the existing single-family dwelling or the accessory apartment in the accessory structure is occupied by the owner as the owner's principal residence; b) that the other dwelling unit on the subject property is to be occupied by either a family member or a resident who is currently on the Southold Town Affordable Housing Registry and eligible for placement, and May 18, 2010 Page 26 Southold Town Board Meeting Minutes (4) c) d) that rents charged to a tenant from the Affordable Housing Registry shall not exceed the rent established by the Town Board annually pursuant to Section 280-30F of this Code. that the dwelling unit is in compliance with all of the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. Review of Application: The Application for a rental permit shall be reviewed for completeness and accuracy by the Chief Building Inspector and, in the case of applications pertaining to accessory apartments in accessory structures, by the Special Projects Coordinator. The Chief Building Inspector shall not issue a rental permit unless the application includes all of the requisite information enumerated in Section 280-13D(1)-(3) and written approval by the Special Projects Coordinator that the requirements of Section 280-13B(13)(j) have been satisfied. The Chief Building Inspector shall have the fight to inspect the property to confirm compliance with the New York State Uniform Fire Prevention and (6) (7) (8) Building Code and this Code. Fees: A nonrefundable annual permit application fee in the amount of $150 shall be paid at the time of filing an application for a rental permit or a renewal rental permit for an accessory apartment in an existing single-family dwelling. A nonrefundable annual permit application fee in the amount of $100 shall be paid at the time of filing an application for a rental permit or a renewal rental permit for an accessory apartment in an accessory structure. Registry of Permits: It shall be the duty of the Chief Building Inspector to maintain a register of permits issued pursuant to this chapter. Such Register shall be kept by name of applicant and street address and set forth the date of expiration of the rental permit. Annual Renewal: Rental Permits issued pursuant to this chapter shall be valid for a period of one (1) year from the date of issuance and must be renewed by application to the Chief Building Inspector in accordance with the procedures for the issuance of the initial rental permit within ten (10) days of expiration. Penalties for offenses: In addition to any other penalties for violations of this Chapter, the Chief Building Inspector or Zoning Inspector shall revoke a permit when he or she finds that the owner has caused, permitted or allowed to exist and remain upon the premises a violation of any provision of the Code of the Town of Southold for a period of 14 days or more after written notice has been given to the owner. Should the owner permit any such violation of this Code, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York to remain uncured for a period of 30 days or more after written May 18, 2010 Page 27 Southold Town Board Meeting Minutes notice has been given to the owner, the Chief Building Inspector may revoke the certificate of compliance for the accessory apartment. (9) Appeal by Owner: An appeal of a denial, revocation or renewal of a rental permit by the Chief Building Inspector based upon the owner's failure to satisfy the requirements of Section 280-13B( 13)(i)(1 ) and (2) may be taken to the Housing Advisory Commission, by written request, made within 30 days from the date of such revocation. The Housing Advisory Commission shall hold a public heating on such appeal within 30 days after receipt of written notice of such appeal and, after such heating, shall make written findings and a decision either sustaining such denial or revocation or issuing or reinstating such permit within 30 days after close of such public heating. Any appeal of the revocation of a certificate of compliance must be presented to the Zoning Board of Appeals within 30 days from the date of revocation. ARTICLE XXVII Administration and Enforcement § 280-151. Administrative and enforcing officer. It shall be the duty of the Building Inspector and such deputies and assistants as may be appointed by the Town Board to administer and enforce the provisions of this chapter and of all rules, conditions and requirements adopted or specified pursuant thereto. The Building Inspector and/or his Assistant and Deputy Building Inspectors shall have such right to enter and inspect buildings, structures or premises and to perform other acts necessary for the enforcement of this chapter as is conferred upon them by law. He shall maintain files of all applications for building permits and plans submitted therewith and for certificates of occupancy and records of all building permits and certificates of occupancy issued by him, which files and records shall be open to public inspection and to perform such other acts necessary for the enforcement of this chapter as is conferred upon them by law. Said Building Inspector shall keep a record of every identifiable complaint of a violation of any of the provisions of this chapter and of the action taken on each such complaint, which records shall be public records. He shall report to the Town Board, at intervals of not greater than three months, summarizing for the period since his previous report all building permits and certificates of occupancy issued by him and all complaints of violations and the action taken by him thereon. The Building Inspector shall make the necessary inspections for the purpose of ascertaining whether or not existing conditions comply with the provisions of this chapter. May 18, 2010 Page 28 Southold Town Board Meeting Minutes At the request of the Town Board, the Building Inspector shall inspect any premises for the purpose of ascertaining whether or not existing conditions comply with the provisions of this chapter and report, in writing, to said Board the results of his findings. At the request of the Planning Board, the Building Inspector shall review site plan applications for compliance with this chapter and requirements established in the presubmission conference. EN For this chapter, the term "Building Inspector" shall include and refer to: [Added 11-24- 1998 by L.L. No. 23-1998] (1) Building Inspectors of the Town of Southold; and (2) The D:.rcctcr cf Cc, dc Enfercement Zoning Inspector of the Town of Southold. EN § 280-155. Penalties for offenses. [Amended 6-2-2009 by L.L. No. 6-2009] For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building Inspector 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 any person, including an owner, contractor, agent or other person who fails to comply with a written order or notice of any Building Inspector; or Zoning ~ Inspector or Code Enforccmcnt Officer shall, upon a first conviction thereof, be guilty of a violation, punishable by a fine not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $10,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. Notwithstanding the foregoing, any violation of §280-13A(6), §280-13B(13), and §280- 13D are hereby declared to be offenses punishable by a fine not less than $1,500 nor more than $8,000 or imprisonment for a period not to exceed six months, or both, for a conviction of a first offense; for convictions of a second or subsequent offense within 18 months, a fine not less than $3,000 nor more than $15,000 or imprisonment not to exceed a period of six months, or both. However, for the purpose of conferring iurisdiction upon courts and judicial officers in general, violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply. Each day's continued violation shall constitute a separate additional violation. Additionally, in lieu of imposing the fine authorized in this section, in accordance with Penal Law §80.05(5), the court may sentence the defendant(s) to pay an amount, fixed by the court, not exceeding double the amount of the rent collected over the term of the occupancy. May 18, 2010 Page 29 Southold Town Board Meeting Minutes § 280-156. Remedies. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or of any regulations made pursuant thereto, in addition to other remedies provided by law, any appropriate action or proceeding, whether by local process or otherwise, may he instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to restrain, correct or abate such violation or to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. IlL SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record- Resolution RES-2010-382 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor'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 2010-381 cA TEGOR Y: DEPARTMENT: Legislation Town Attorney LL/Night Fishing Parking Permits to SCPC & PB RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Chapters 189 and 260 in connection with Night Fishing Parking Permits" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. May 18, 2010 Page 30 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended yes/AYe No/Nay Abstain Absent [3 Defeated William Ruiand Voter [] [] [] [] [] Tabled Vincent Orlando haitiator [] [] gq [] [] Withdrawn C~topber Ta!bot Voter [] [] [] [] [] Supervisors Appt Albert Kmpski Jr. Seconder [] [] [] [] [] Tax R~eiver~s Appt [] Rescinded Louisa ?. Evans Voter [] [] [] [] [] Town Clerk's Appt S¢o~ Russell Voter [] [] [] [] [] Supt Hgw~s Al>pt 2010-383 CA TEGOR Y: DEPARTMENT: Legislation Town Attorney LL/Use Regs & Access. Apts. to SCPC & PB RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Use Regulations within the Agricultural Conservation {A-C) District and Low Density Residential R-40~ R-80~ R-120~ R-200~ and R-400 Districts and Accessory Apartments" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. Vote Record - Resolution RES~2010-383 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisors Appt Albert Kmpski Jr. Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Initiator [] [] ' [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-384 CA TEGOR Y: DEPARTMENT: Trailer Permit Town Clerk Approve the Trailer Permit Application of Anthony Zanieski RESOLVED that the Town Board of the Town of Southold hereby approves the trailer permit application of Anthony Zanieski by Long Island Mobile Home Leasing Corp. of Medford~ New York for a period of six (6) months, the trailer is to be located at 7745A Oreeon Road, Cutchogue, New York, SCTM# 1000-95-1-8.2 to be used as a one family dwelling during the repair of house which suffered flood damage. May 18, 2010 Page 31 Southold Town Board Meeting Minutes Vote R.~ord. ]R~luti~n RE$-2010484 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Clu/stopher Talbot Initiator [] [] [] [] [] Supervisors Appt Albert Kxupski Jr. Voter [] []' [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-385 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attomey Authorizes and Directs Supervisor Scott A. Russell to Execute the Audit Agreement Between the Town of Southold and L gL, Inc. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Audit Agreement between the Town of Southold and LVL, Inc. in connection with the preparation of an audit of existing lighting and possible retrofitting of lighting in Town buildings with energy efficient lighting, at a cost not to exceed $2,500.00, subject to the approval of the Town Attorney. ff V~te ReCord - Resolution RES-2010-385 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt ~ib~ ~ps~i j;; [3 [3 [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hswys Appt 2010-386 CA TE GO R Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the MS4 Municipal Compliance Certification Form in Conjunction with the Town's Submission of Its MS4 Annual Report RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the MS4 Municipal Compliance Certification Form in coniunction with the Town's submission of its MS4 Annual Report~ following the close of the public heating relating to the content of the Report on May 25, 2010, subject to the approval of the Town Attorney. May 18, 2010 Page 32 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended Yes/Ay~ No/Nay Abstain Absent [] Defeated William Ruland Voter g~ [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn C~s~qpher Talbot Voter gl [] [] [] [] Supervisor's Appt A!be~ K~pski .h-~ ~o~der [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] [] ~ [] [] Supt Hgwys Appt 26. Comments regarding resolution 386 JUSTICE EVANS: I think we have to wait until after the hearing to do that one. Do we, Martin? Do we have to wait until after the hearing? TOWN ATTORNEY FINNEGAN: You can do it now. 2010-387 CATEGOR~ DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Amendment of Agreement Between the Suffolk County Office for the Aging and the Town of Southold for the IIIC Nutrition Programs RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Amendment of Agreement between the Suffolk CounW Office for the Aging and the Town of Southold for the IIIC Nutrition Programs, regarding a one year extension for the period January 1, 2010 through December 31,2010, for congregate and home delivered meals for the elderly, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2010-387 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Kmpski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-388 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Grant Subcontract Agreement W/North Fork Women RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs May 18, 2010 Page 33 Southold Town Board Meeting Minutes Supervisor Scott A. Russell to execute the Grant Subcontract Agreement between the Town of Southold and North Fork Women for Women Fund~ Inc. in connection with New York State Office for the Aging Community Empowerment Programs, at no cost to the Town, subject to the approval of the Town Attorney. [] Adopted [] Adopted as Amended yes/Aye N~ay Ab~t~!~ Abs?~t [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] O [] [] Supervisor's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-389 CATEGOR~ DEPARTMEN~ Property Usage Town Attorney Authorizes Miller Marine Services to Make Use of the New Suffolk Boat Launching Ramp on Jackson Street and First Street for the Purpose of Marine Transportation of Equipment and Materials Required for a Repair Project on Gardiners Island RESOLVED that the Town Board of the Town of Southold hereby authorizes Miller Marine Services and Finely & Nicol to make use of the New Suffolk boat launching ramp on Jackson Street and First Street for the purpose of marine transportation of equipment and materials required for a repair proiect on Gardiners Island. This authorization is limited to 15 round trips over the four week period commencing on May 19, 2010, and subject to the payment by Miller Marine Sm-vices and Finely & Nicol of a fee in the amount of $100 per day made payable to the Town Clerk of the Town of Southold and the execution of an Indemnification Agreement, in a form approved by the Town Attorney, relating to any liability or property damage claims which may result from this activity. Miller Marine Services and Finely & Nicol must file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured. ~ vote Record ~ R~lUti0n RES.2010-389 [] Adopted [] Adopted as Amended Yes/Aye N0~Y Ab~tai~ ~bs~nt [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincem Orlando Voter El [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Tax Receivefs Appt [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scoi~ Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-390 CA TEGOR Y: Misc. Public Hearing May 18, 2010 Page 34 Southold Town Board Meeting Minutes DEPARTMENT: Town Attorney PH 6/15/10 ~ 7.'40 PM Scavenger Waste Decommissioning WHEREAS, the Town Board of the Town of Southold (herein called the "Town Board" and the "Town", respectively), in the County of Suffolk, New York, on behalf of the Southold Wastewater Disposal District, in the Town (herein called the "District"), has requested certain engineers duly licensed by the State of New York (herein called the "Engineer"), to prepare a map, plan and report for the improvement of facilities of the District, consisting of the removal of all existing buildings, equipment, fencing, pavement, walkways, piping and other site features relating to the existing Scavenger Waste Facility located on land leased from the Village of Greenport, in connection with the decommissioning of said Scavenger Waste Facility at the estimated maximum cost of $700,000, pursuant to Section 202-b of the Town Law; and Now, therefore, be it RESOLVED that a meeting of the Town Board of the Town of Southold be held at the Town Hall, 53095 Main Road, Southold, New York, on the 15th day of June, 2010 at 7:40 p.m. to consider said improvement of facilities of the District and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it, FURTHER ORDERED, that the Town Clerk publish at least once in the "The Suffolk Times," hereby designated as the official newspaper of the Town for such publication, and post on the sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, a Notice of such public hearing in substantially the form appearing in Exhibit A, certified by said Town Clerk, the first publication thereof and said posting to be not less than ten (10) nor more than twenty (20) days before the date of such public heating. VOte Record - Resoluaon RES-2010-390 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Initiator [~ [] [] [] [] Tabled Vincent Orlando Seconder gl [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-391 CATEGORY: Policies DEPARTMENT: Town Clerk New Procurement Policy May 18, 2010 Page 35 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby replaces the Procurement Policy adopted by Resolution No. 35 of April 30, 1996 with the following: TOWN OF SOUTItOLD PROCUREMENT POLICY 1. Every prospective purchase of goods or services shall be evaluated to determine the applicability of General Municipal Law, Section 103. Every Town officer, board, department head or other personnel with the requisite purchasing authority (hereinafter "Purchaser") shall estimate the cumulative amount of the items of supply or equipment needed in a given fiscal year. That estimate shall include the canvass of other Town departments and past history to determine the likely yearly value of the commodity to be acquired. Upon request, the Comptroller can calculate the cumulative amount of a particular commodity needed by all Town departments based on past history. If the cumulative amounts exceed competitive bidding thresholds, then the purchase must be contracted through the bidding process. The information gathered and conclusions reached shall be documented and kept with the file or other documentation supporting the purchase activity. No anticipated contract shall be subdivided or structured with the intention of avoiding this Procurement Policy. 2. All purchases of (a) supplies or equipment which will exceed $10,000.00 in the fiscal year or (b) public works contracts over $35,000.00 shall be formally bid pursuant to General Municipal Law, Section 103. 3. All estimated purchases of: · Less than $10,000.00 but greater or equal to $3,000.00 require a written request for a proposal ("RFP") and written/fax quotes from 3 vendors. · Less than $3,000.00 but greater or equal to $1,000.00 require an oral request for the goods and written/fax quotes from 2 vendors. · Less than $1,000.00 are left to the discretion of the Purchaser, but written/fax quotes are preferred. All estimated public works or service contracts of: · Less than $35,000.00 but greater or equal to $10,000.00 require a written RFP and fax/proposals from 3 contractors. · Less than $10,000.00 but greater or equal to $3,000.00 require a written RFP and fax/proposals from 2 contractors. · Less than $3,000.00 but greater or equal to $1,000.00 are left to the discretion o£the Purchaser but written/fax quotes are preferred. Any written RFP shall describe the desired goods, quantity and the particulars of delivery. The Purchaser shall memorialize the name and address of all vendors from whom written/fax quotes have been requested and the written/fax quotes offered on a Proposal Quotation Form. 4. All Proposal Quotation Forms shall be date stamped and shall be kept confidential until the purchase order is signed and returned to the department. Until that time no employee shall discuss any price quote with the prospective vendor or contractor. A copy of the Proposal Quotation Form and any written proposals shall be attached to the purchase order before it is submitted to the Accounting Department. All information gathered in complying with the procedures of this item shall be preserved and filed with the documentation supporting the subsequent purchase or public works contract. 5. The purchase, public works or service contract shall be awarded for the proposal or quote submitted by the lowest responsible bidder. The responsibility of the bidder is to be determined May 18, 2010 Page 36 Southold Town Board Meeting Minutes at the discretion of the Town Board or department head and is based not solely on qualifications or experience but accountability and reliability. However, the Purchaser may award such contract to a bidder, other than the lowest responsible bidder, where such bidder maintains a principal place of business located within the Town of Southold, or sells the contracted for supplies, material, or equipment manufactured and located within the Town of Southold, and submits a bid not exceeding ten percent (10%) more than the otherwise lowest responsible bidder. The Purchaser may award the purchase or contract to a bidder, other than the lowest responsible bidder, where such bidder maintains a principal place of business located within the County of Suffolk or sells the contracted for supplies, material, or equipment manufactured and located within the County of Suffolk, and submits a bid not exceeding five percent (5%) more than the lowest responsible bidder. For the purpose of this Policy, the terms "located within the Town of Southold" and "located within the County of Suffolk" shall mean having a principal place of business physically located within the geographical boundaries of the Town or the County as applicable. In the case of an individual, partnership, association, or proprietorship, it shall mean having an office from which at least a majority of the employees are assigned and at which at least a majority of the employees work. In the case of a corporation, it shall mean having its principal place of business from which the president or chief executive officer operates on a regular and consistent basis, and the address so designated on its certificate of incorporation, located within the Town or the County, as applicable. 6. Prior to disbursement of any payment under an approved contract, the Town Attorney's Office must possess a copy of the fully executed contract as well as documentation of required insurance and contract security/performance bond. 7. Change Orders to Awarded Contracts: If, during the term of a contract, it is determined that additional work needs to be performed or goods are needed to be purchased, which would increase the original contract amount, a formal change order must be in place. This applies to all contracts subject to General Municipal Law Section 103 (competitive bidding). When a change order to a contract results in an aggregate increase of $1,000 over the original contract award, then the following procedures apply: (a) a Public Contract Change Order Approval Form must be completed and signed by the Department Itead and must be accompanied by a detailed explanation of why the change is needed and also accompanied by a change order proposal from the contractor (these documents must be forwarded to the Comptroller's Office); and (b) the change order must be approved by the Comptroller's Offiee and the Town Attorney's Office, and once approval has been granted, the Department must prepare a Town Board resolution requesting authorization for the change from the Board. Only after all of these procedures have been completed and approvals granted, can the contractor go forward with the additional work. 8. A good faith effort shall be made to obtain the required number of proposals or quotations. If the Purchaser is unable to obtain the required number of proposals or quotations, the Purchaser shall document the attempt made at obtaining the proposal on the Proposal Quotation Form. In no event shall the inability to obtain the proposals or quotes be a bar to the procurement. May 18, 2010 Page 37 Southold Town Board Meeting Minutes 9. Except when directed by the Town Board, no solicitation of written proposals or quotations shall be required under the following circumstances: (a) Public works contracts in cases of public emergencies arising out of an accident or unforeseen condition or occurrence that threatens curtailment or termination of an essential service to the public, or a dangerous condition develops affecting the life, health, safety or property of the Town or its inhabitants. The situation must require immediate attention which cannot await competitive bidding. (b) Sole source situations. (c) Goods purchased from another govemmental agency. (d) Goods purchased under a State or County contract. (e) Goods purchased at auction. (f) Goods purchased for less than $1,000.00. (g) Public Works contracts for less than $I,000.00. 10. All prospective purchasers of professional services should obtain a written/fax estimate and statement of qualifications from at least two sources except when otherwise directed by the Town Board. 11. A properly executed purchase order is required for all purchases. Neither goods nor services are to be ordered without first obtaining a purchase order signed by the Department Head and the Supervisor. 12. This Policy shall be reviewed annually by the Town Board at its organizational meeting or as soon thereafter as is reasonably practicable. VOte Record, ReSOlUtion RES-2010-391 [] Adopted [] Adopted as Amended Yes/Aye N~/Nay Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn chhstopher Talboi Voier [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 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 in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Kmpski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell PH Annual SPDES Phase 2/Stormwater Mgmt Plan History: 05/18/10 Town Board ADJOURNED Next: 06/01/10 May 18, 2010 Page 38 Southold Town Board Meeting Minutes. COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold will hold a public information heating at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 18th day of May, 2010 at 4:35 p.m. to allow the public to ask questions and make comments on the draft Annual SPDES Phase 2 Status Report regarding the Town of Southold Stormwater Management Plan. A complete copy of the draft Annual Stormwater Management Plan Status Report will be available at the Southold Town Clerk's Office during normal business hours and will also be available on the Town's website: southoldtown.northfork.net. Seven (7) days will be provided for written comment after the close of the public hearing. This was noticed on the Town Clerk's bulletin board out front. There is a copy of the legal notice dated May 13, 2010 in the local newspaper and then it is certified that the following resolution was adopted: Whereas the Town of Southold Stormwater Management Plan and Regulations are intended to satisfy the regulatory requirements for mandatory MS4 communities and result in the issuance of a general permit for the town's stormwater discharges and represents an agreement by the town and its respective departments to work together in reducing pollutants to our shared watersheds and waterbodies; and whereas as a part of its Stormwater Management Plan & Regulations, the Town of Southold will perform annual evaluations of their programs, including status of activities proposed and completed, program compliance, the appropriateness of identified management practices, progress towards achieving identified goals, and other program information; and whereas prior to submittal to the State Stormwater Management Program Office, the Annual Stormwater Management Status report must be presented at a public forum and the public afforded the capability of offering comments; now, therefore be it resolved that the Town Board of the Town of Southold hereby sets May 18, 2010 at 4:35 PM at Southold Town Hall, 53095 Main Road, Southold as the time and place to hold a public information heating to allow the public to ask questions and make comments on the draft Annual SPDES Phase 2 status report regarding the Town of Southold Stormwater Management plan. A complete copy of the draft annual Stormwater Management Plan status report will be available at the Southold Town Clerk's office during normal business hours and will also be available on the Town's website: southoldtown.northfork.net Seven (7) days will be provided for written comment after the close of the public hearing. SUPERVISOR RUSSELL: Would anybody like to comment on, this is what we refer to as the MS4 compliance. This is federal law that is enforced by the state, Department of Environmental Conservation. This is our notice of intent to comply and it outlines our goals for the next several months with regard to the SPDES permit. Would anybody like to comment? Mr. Wills? Frank Wills, Mattituck FRANK WILLS: Frank Wills, Mattituck. I don't know whether this is the right time to do it but driving around Mattituck I have noticed that several people have put in a new driveway of solid asphalt, which discharge in let's say Cox Neck Road, Breakwater Road and like today it is very apparent the amount of water roaring down the driveway into the road and then it goes into the inlet. I don't know if the MS4, or our roles and regulations mandate that the driveways be constructed differently. Basically porous, so that the water that comes from the house doesn't come all the way into the street and into the inlet. So I don't know if this is the right time to do it or not. May 18, 2010 Page 39 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: It is a good time to raise the issue. COUNCILMAN KRUPSKI: Yes, I think the drainage code addresses that. I think they had asked to put, they should put when you change your driveway to an impervious surface, like asphalt, you are supposed to put in appropriate drainage, so that it doesn't become road runoff and then people complain about the puddles on the road, it is unsafe or else it just washes everything right into the creek. There should be a code enforcement on the drainage code. MR. WILLS: These are, one is a new house and the other is a redoing it. But they are still solid asphalt. SUPERVISOR RUSSELL: Actually, I was just going to say that the drainage code is probably most easily applied to new construction because that is where we can get in and require that the conform to the, I am surprised that new house would have an asphalt driveway that would discharge right into Cox Neck. I would think that would have been covered with the review to make sure all the drainage is caught on site. The reconstruction gets difficult again, a lot of existing houses out there that want to go out and get the new asphalt driveway, that is very difficult to capture in the concept of how we proposed that law but certainly I would always ask you to call my office or Damon Rallis and we will send them out there and give people a friendly reminder that they need to capture that on site. MR. WILLS: Great. Thank you. COUNCILMAN TALBOT: Scott, part of this law is also to help educate the public. SUPERVISOR RUSSELL: That is right. COUNCILMAN TALBOT: Most of the people aren't aware of this. Ray Huntington, Fleets Neck Prop Own Assn SUPERVISOR RUSSELL: And that is where we need to pui some focus, on letting the public know what the rules are as we create them. Or rules that have been around for some time, people are unaware of. Very good point, Chris. Mr. Huntington. RAY HUNTINGTON: Yes, good afternoon. Ray Huntington speaking for Fleets Neck property owners association. It is certainly a good thing that the report has been prepared, it is necessary for a number of reasons. Clean air, clean water act requires it of course and this way we avoid a very healthy fine. So, the Town Board is doing a good job in getting this report out. It seems to us that the maximum emphasis really wants to be put on the implementation plan which is required by the clean air act as well. I believe that is called the (inaudible) plan. And that means the strong water management program plan. This is the heart of the matter, where the situation can be managed. The thing that we are turning in now or are about to after this hearing, reports against that but it doesn't really get things done. I would further submit that the key to controlling of course, lies in testing to determine what is in the water. We have got to know the enemy in order to deal with the situation. The best way home is to identify the pollution, May 18, 2010 Page 40 Southold Town Board Meeting Minutes envision the fix-at the source preferably, and in this work, the community groups would likely help. I certainly speak for the association in that regard. The enemy won't be welcome in our midst if we know who he is. That is the key to controlling the costs. The MS4 requirement in the clean water act largely serves those who profit from the bureaucratic requirements. It is a big work project in many respects. If ten pement of what we pay as taxpayers winds up improving the environment, we would be very fortunate. That is what we have to work on. We have to get to doing this, to identify what we really are going to change and then go change it. So what I want to stress right now is that the implementation plan is the key to getting this done. It is the key to the cost control. So please stress that in your planning and budget for testing and or other ways of determining who the enemy is. If in fact good data is available, I certainly think we should use it. But the point is, we can't be shooting in the dark. We have got to know who the enemy is and follow that implementation plan and get out of this as fast as we can because the track record, I was involved with the clean air act along these lines, the customer is greedy. COUNCILMAN KRUPSKI: You are right and these MS4 requirements, you know, Southold Town did not get caught up in the first round because of our size, population wise, we were caught up in the second round. And a lot of the, we went through all of the requirements and we are really in pretty good shape as a town because of all the different things that we have been doing as far as stormwater controls go. If you look at, the Trustees do a drainage review of every property they issue a permit on, they are, the building department .... COUNCILMAN ORLANDO: They have been very proactive. COUNCILMAN KRUPSKI: The building department, you know, has to operate under the guidelines of the drainage code and that takes, every time someone gets a building permit, they get a drainage review on their property, so it doesn't happen all at once, it happens over time. The highway department has been very proactive in putting in drainage work here and there around the town but what this MS4 does and you are right, it is a lot of paperwork because now we have to document all the things, not only all the things that are being done but also all the outreach and education which is important but it is all, another layer of work for the town is documenting all these things and then having to report them back to the state. SUPERVISOR RUSSELL: I would just like to add that if that report is short on implementation is because that wasn't a requirement for this first report. We actually had been very focused on implementation. In fact, we have been so focused on implementation that we had to go back and revisit the original issues just to get that report done and capture all that data and try to present it to the state. But the implementation so far, it is an expensive proposition but I have to say that it has been very thoughtfully, carefully evaluated. We have the help of Lorne Broussea from the Cornell Cooperative, we have a good group of people around that making those decisions and establishing those priorities. There is no doubt about that. MR. HUNTINGTON: You both made very good and accurate points. But fi'om our point of view from Fleets Neck, we can't say that there is a lot done. SUPERVISOR RUSSELL: Well, it is a big town, Ray. I would gladly take you out and show May 18, 2010 Page 41 Southold Town Board Meeting Minutes you every day what gets done. Has a lot gotten done for Fleets Neck, has a lot gotten done throughout the town? It is an expensive proposition. You know, again, priorities are based on criteria that may differ from your point of view but we have to evaluate those criteria based on what the DEC tells us and everybody else. Also, you talk about water testing. I support that, the problem is that the state DEC, the enforcement agent doesn't, they won't let us test our own. They insist on doing their own testing and then tell us they don't have the personnel to test. That is the catch-22 we are in on the DEC on just about every issue we are dealing with. MR. HUNTINGTON: That is true. I mean, I understand that to be true anyway, much to my consternation. That is the kind of thing that we have to break loose though. And the way I see doing that is through the implementation plan because here we are going fish or cut bait. SUPERVISOR RUSSELL: That is right, but I also would mention that the people of Fleets Neck would be a target group that we will be going out to and reaching out to with education in the near future, so that a lot of that discharge that ends up in the bay can be caught on site. We need people to address it at their property boundary level, so that not so much of it ends up in the public right of way and ends up down to the creek or the bay. That is the educational component that Chris just mentioned. That is where we are going to put a lot of focus over the next several months. MR. HUNTINGTON: Yes. And I understand too, that this is not yet a requirement. What I am saying is, let's put the emphasis there and this will cut to the quick and get rid of some of the other, if we finish, we don't have to file a report. Now, I know I am talking about never-never land here. But that is the point, the more you can do to get it down to real things that are done and make real improvements, the cheaper it is. COUNCILMAN TALBOT: Mr. Huntington, part of this report is a list of partner information and that is different groups that have worked with the town to get some of these things implemented. You had Laura Stephenson from the Peconic Estuary Program and it listed six different things that she did or worked with the town, public outreach, public participation projects, guidance, assistance on mapping, funding source for projects, watershed management plans and funding municipal equipment and then we had the Southold VOICE which worked on drain marking around the town and then the Group for the East End which was, held public stormwater seminars. Probably, as Supervisor Russell said, it might not be a bad idea because you do have a pretty tight knit group down there at Fleets Neck, maybe you guys could hold some of the educational seminars and start to work that certain sector of town as well. SUPERVISOR RUSSELL: Yes, provide a forum for us. MR. HUNTINGTON: Inaudible. COUNCILMAN TALBOT: I have just got one question. Who is the enemy you are talking about? Stormwater? MR. HUNTINGTON: Well, water is .... May 18, 2010 Page 42 Southold Town Board Meeting Minutes COUNCILMAN TALBOT: The people? MR. HUNTINGTON: Has obviously been pouring into the creeks and bays for 14,000 years so that is not the problem, it is what is in the water that could be the problem and that is what has to be identified. COUNCILMAN KRUPSKI: Well, we want to keep the water from flowing in also, because once it gets to the road, then it becomes a town wide problem. SUPERVISOR RUSSELL: I think what Ray's suggestion is, do we need to, in other words, are some of these critical, is the water polluted? Is the water not polluted? We have done an awful lot of testing historically and the empirical data is there to suggest that stormwater runoff is a huge component to pollution or compromising these estuaries. Not every estuary but certainly we have identified Arshamomaque, Richmond and some of these other critical areas. And by state law we are addressing, and with federal help the DEP, we are addressing those first. We have invested a lot resources into that and I am surprised you said that you don't see a lot getting done. COUNCILMAN KRUPSKI: And actually, if you look at the contaminants that close down creeks to shellfishing, it is choliform bacteria and so were are the sources of choliform bacteria? It could possibly be defective septic systems but they are constantly being upgraded every time a house is redone on the water, so you think less and less of that, okay, the pet waste, people who walk their dogs on the road and it gets washed directly into the creek, there is some of that. But then think of how many deer are out there? All that waste. How many thousands of geese, how many hundreds of swans. All that waste is what contributes to the choliform bacteria which closes our creeks to shellfishing. MR. HUNTINGTON: The species that deposit the pollution that is counted as bacteria, that can be choliform bacteria, the species can be determined by DNA testing. COUNCILMAN KRUPSKI: Right. SUPERVISOR RUSSELL: We have done some of that. MR. HUNTINGTON: And then we find out who the enemy is. SUPERVISOR RUSSELL: And we have actually defined some of that. MR. HUNTINGTON: Yes. So that is what I am asking, with respect to Chris' comments about the community groups, I think that is terrific. And those groups have made good contributions. Our association too, we mapped every drain in our area on tax maps and showed where wo would put up stream catch basins and things like that. The only problem is, none of them have been installed. May 18, 2010 Page 43 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Well, again, we have handed to us these critical estuaries that we have been demanded that these get addressed first. Arshamomaque and some of those other ones. They are expensive capital projects that we are trying to address as best we can. Some of the other ones, again, although it might be a priority for Fleets Neck, that might not have come up high on the list of priorities for other reasons because of other jurisdictions involved. MR. HUNTINGTON: I don't mean to imply that (inaudible) not do everything we want to do, so we know we are headed towards priority identification of the targets but that is part that I am talking about in compliance. That is why we need the testing. We can't be curing everybody's complaint about the puddle here or this, that, there, we know we can't. SUPERVISOR RUSSELL: We know we can't. MR. HUNTINGTON: We just want a fair share of what we can do and we want to make sure that we are operating as intelligently as we can. SUPERVISOR RUSSELL: Thank you. MR. HUNTINGTON: Thank you. Benja Schwartz SUPERVISOR RUSSELL: Let's address Board please. BENJA SCHWARTZ: I am a bit confused, is this public hearing related to resolution 386? SUPERVISOR RUSSELL: Yes. MR. SCHWARTZ: I kind of think that Louisa had a point when she said it was inappropriate to authorize execution of a compliance certification form prior to a public hearing. I mean, wouldn't the public hearing be a factor in whether or not the report was accepted and wouldn't you want to hear from the public before you made your decision? COUNCILMAN TALBOT: Benja, I think because it states on here the public heating relating to the content of the report on May 25, so it is going to remain open for another week. MR. SCHWARTZ: This here says that you are directing Supervisor Russell to execute the compliance certification form. COUNCILMAN TALBOT: In conjunction with the ..... MR. SCHWARTZ: Inaudible. As far as I can tell, we don't even have the report yet. When is the report coming? COUNCILMAN TALBOT: A copy of the report. If you read that, it says direct Supervisor Russell to execute the MS4 municipal compliance certification form in conjunction with the town's submission of its annual report following the close of the public hearing related to the May 18, 2010 Page 44 Southold Town Board Meeting Minutes content of the report of May 25. So we are giving him the okay to file it next week, after additional written comment. Yes, so we are giving the okay to file next week. MR. SCHWARTZ: What comes up at that heating? There is no consideration of the substance of the public comment. COUNCILMAN TALBOT: Additional information being added to the report you mean? JUSTICE EVANS: We are giving him... MR. SCHWARTZ: Is there audible on this because the last meeting we couldn't hear anything that anybody said here. TOWN CLERK NEVILLE: Yes, you are. COUNCILMAN KRUPSKI: We can hear you. SUPERVISOR RUSSELL: Martin, will you please address this? TOWN ATTORNEY FINNEGAN: The resolution is necessary tonight because this has to be filed with the DEC prior to June 1. We do not have another Town Board meeting between now and then. This resolution does nothing more than authorize Scott subject to the approval of the Town Attorney, meaning once we close the public heating and the comments are considered, he has the authorization of the Board to execute a certification which is one component of the reporting process. So, rather than call a special meeting of the town board, that is what the resolution is accomplishing tonight. And it is not even effective until the close of the public hearing, we are getting comments tonight that will be considered in final draft of the annual report and to the extent that any other written comments are received in the next week, they will also be considered. But is just an authorization to execute one component of the report. MR. SCHWARTZ: And I assume that the bottom line is that the Supervisor will exercise his discretion whether or not it is appropriate to certify compliance on that form. COUNCILMAN KRUPSKI: Well, I think he will work with the appropriate staff who compiled the report to make the decisions. SUPERVISOR RUSSELL: Right. COUNCILMAN KRUPSKI: I mean, you look at the work of Mark Terry .... MR. SCHWARTZ: He is signing it, that is going to be his discretion. SUPERVISOR RUSSELL: And it is going to be my liability, so you can bet that I will make sure that all of the public comment is considered. May 18, 2010 Page 45 Southold Town Board Meetipg Minutes COUNCILMAN ORLANDO: And the New York DEC will review this and let us know if we have been compliant and done well with it. MR. SCHWARTZ: Okay. Communication you said is an important part of this and I had to look up today what this MS4 means and I wonder how many other people in the public know what the four S's are? You know, hopefully there will be some more communication. There were some comments made at the work session this morning that the priorities are often set in Southold Town politics by who complains the loudest. I have been here long enough to know that is true but I have not become, have come to the point that I accept that is the way it should be. How should it be? If we are not going to judge a complaint by the volume of the speaker, then how do we evaluate and respond to a complaint? And I would submit to you that the answer would be the best informed complaint. Whoever is complaining who is providing constructive criticism and advice and suggestions and I think we need to come together as a community, Fleets Neck, all the various little neighborhoods in Southold Town. The only way we can do that is if this Town Board starts functioning as a, using modem methods of communication, etc. for example, there was a suggestion, well, that was another matter, I will stick to this matter. I submit that the communication of information should be pursued by all options. Not just your public hearings or public meetings, not just your advertisements in newspaper, flyers, posting on the website in the hall, I mean the bulletin board in the hall but also the website on line and at a previous meeting, I think I wasn't there, Supervisor Russell said the website was currently being worked on. I don't know what that means. I don't know what your plans are but all of this kind of information, I mean, there is not a page on the Southold Town website that pertains to the MS4, so if you are going to post a report there, that is great. I assume there will be a link from the home page, where everything else is thrown in. that is all I have to say about the MS4 matter. SUPERVISOR RUSSELL: Let me just ask you something. One of those things, I agree with all forms of communication, I actually just recently met with a consultant who I think offers us a lot of promise to updating our website and making a good, user friendly website. I mentioned that in the state of the town address. MR. SCHWARTZ: He offered you .... SUPERVISOR RUSSELL: A consultant who made a very compelling case for what we can do with the website as we look to update it. And I think we need to do that and I address that in the state of the town address. But information with the public, I think probably public meetings, going out and having community meetings, would agree that that is a good, good way of reaching that public and getting the message out there? MR. SCHWARTZ: I think the signs show that when you talk about things, a lot of what you say is easily forgotten and (inaudible) the pressure of a public appearance, it is difficult for people to express themselves and it helps if the public is informed prior the meeting of the subject of the meeting and if there is a successful agenda and also minutes of the meeting that are presented and there could be a follow up. SUPERVISOR RUSSELL: Butjust, informal communications with the public. Imean .... May 18, 2010 Page 46 Southold Town Board Meeting Minutes MR. SCHWARTZ: Inaudible. A meeting is very important. SUPERVISOR RUSSELL: It is, right? Because you criticized me when I did that last year at the Knights of Columbus. You accused me of having a meeting that wasn't duly noticed and that was a meeting with the community. Those types of meetings I think, are the best way of getting people involved in those issues. MS4 is a fairly dry subject. To get people to know about what that means and the requirements is to get out there and answer questions and discuss those issues with the public on a regular basis. But when I did that, you criticized me. Communication... MR. SCHWARTZ: I criticized you because under the law, the open meetings law .... SUPERVISOR RUSSELL: There was me, meeting the community, there is no open meetings law issue that is pertinent here. I can go out and meet with the community and invite people to come and talk to me and ask me questions, no open meetings law issue involved. It is a public meeting, it is open .... MR. SCHWARTZ: If you have a majority of the Town Board or a quorum of the Town Board at a meeting, it should be advertised as a meeting of the Town Board .... SUPERVISOR RUSSELL: You don't understand that law then. MR. SCHWARTZ: That meeting was not advertised .... SUPERVISOR RUSSELL: It was a public meeting that was held by me, singularly. You don't understand the public... MR. SCHWARTZ: I was at that meeting. SUPERVISOR RUSSELL: Excuse me? MR. SCHWARTZ: I was at that meeting. SUPERVISOR RUSSELL: Yes, I know you were and I don't think you understand the open meetings law. MR. SCHWARTZ: I was not permitted to speak at that meeting. SUPERVISOR RUSSELL: Yes, you were. COUNCILMAN KRUPSKI: Just to answer your comment on the MS4 and the drainage and priorities and what Ray Huntington said about priorities, you know that every, and about people responding because the squeaky wheel gets the grease, you said it differently but it is the same thing, you know, every time there is a drainage issue in the town and the town goes around and we do have priorities, we tried to prioritize our shellfishing areas first. Arshamomaque pond, May 18, 2010 Page 47 Southold Town Board Meeting Minutes very important shellfishing area. A lot of work has been done there already over the last 20 years. Water quality improvements at the point of that area being open not conditionally but seasonally okay? A lot of work was done going back to John Bredemeyer, when he was on the Trustees. A lot of work was done in Mattituck inlet because that was an important shellfishing area. A lot of work spearheaded by Jim King and it is still ongoing, okay, there are still a few areas that need work but a tremendous amount of drainage work was done up there, the problem is, in town, every time you mm around every part of town needs a lot of work. And ray is right about Fleets Neck. Some work was done because of Peggy Dickerson, a big project was done at the end of Pequash Road, okay? Well, it is probably an improvement from what it was. And the town roads were all designed to drain into the wetlands and into the creeks, so we did prioritize but there also, you know, you try to pick the low hanging fruit and when the highway depm'tment can do a project at the end of Old Harbor Road, they do it because they can do it. And it is not, it doesn't take a lot of planning or engineering or money. It gets done. So there are big projects like the one in New Suffolk that got done and there are smaller projects like drains that go in all year long. But it is, it is almost like a never ending thing because of the way the roads are designed. MR. SCHWARTZ: When you say, we did prioritize, who is we? COUNCILMAN KRUPSKI: The Town Board. Stormwater Committee. MR. SCHWARTZ: The Stormwater Committee or the Town Board? COUNCILMAN KRUPSKI: Both. MR. SCHWARTZ: My point is, it should be all of us. Including the public. The information should be available. Hopefully will be someday on the website. I don't believe that it is being put on the website as we speak. But we have one town engineer. It is a huge undertaking to remediate all the problems from the stormwater, what is it? The four s's? Municipal separate stormwater sewage .... COUNCILMAN KRUPSKI: Sanitation maybe? TOWN ATTORNEY FINNEGAN: Sewer systems. MR. SCHWARTZ: So that is a huge project and I have heard our town engineer lament that he needs a dozen compatriots to work with him to get the work done. So, I put to you, we have a lot of retired engineers in town and people in town. If they could be informed of what the town was doing, I think they could provide some excellent suggestions and options. There is a lot more than one way to crack a nut. We need to get all of our ideas together and think about all the various options, the cost of those options, the timeframe, the urgency and I do not believe for a minute that a priority list has been composed with a sufficient set of standards on which it was based. COUNCILMAN KRUPSKI: Actually that is not true. May 18, 2010 Page 48 Southold Town Board Meeting Minutes MR. SCHWARTZ: I know that there has been a lot done and I commend you for that and I thank you but I think we need to do more. COUNCILMAN KRUPSKI: We have to keep doing it and it is a money issue. COUNCILMAN TALBOT: If we had all the money, we would do them all at the same time. COUNCILMAN ORLANDO: Now, Benja, you come to the majority of the work sessions and probably in the last 18 months it has been on the agenda work session at least six times. We have been asking people .... MR. SCHWARTZ: I haven't seen a priority list yet. COUNCILMAN ORLANDO: I mean, that is how long, Southold VOICE got involved in this... SUPERVISOR RUSSELL: We are busy running around trying to comply with the federal government fight now but we will give you a priority list as soon as we can. MR. SCHWARTZ: No, I am not addressing you yet, sir. COUNCILMAN TALBOT: The... SUPERVISOR RUSSELL: I am on the Board here. COUNCILMAN ORLANDO: And Benja, that is now Southold VOICE got involved. They were at a work session, they heard us talking about MS4 over a year ago and they said, oh, we would like to help. So we have been talking ongoing for at least 18 months at work sessions all the time. COUNCILMAN TALBOT: How many roadways go down to, we have 70 road ends that bump into the bay or sound, right? SUPERVISOR RUSSELL: More. COUNCILMAN TALBOT: Mattituck .... There was, you know, Lillian Ball with that project in MR. SCHWARTZ: The question is, you are struggling right now to meet the legal deadline, I have heard a lot of jokes about getting thrown in jail if you don't meet the legal deadline to do the minimum required by law. SUPERVISOR RUSSELL: No, we have actually .... MR. SCHWARTZ: I am saying that .... May 18, 2010 Page 49 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: You are misstating the facts. What we had trouble with is we have been so busy trying to address stormwater runoffover the years that we haven't gathered the data and the supporting documentation, so we are basically going back in time to gather that data. That is what that first report is about. It is about the data of what we have done and to outline what we plan on doing over the next several months. We have been so busy doing it .... MR. SCHWARTZ: Very good. SUPERVISOR RUSSELL: That we haven't taken the time to develop the .... MR. SCHWARTZ: My point is that you could be very busy but if focus on doing things more effectively, efficiently and communicating what you are doing as you do it, you won't have to go after the fact and document what you have done. It would already have been documented. SUPERVISOR RUSSELL: I think we are ahead of most towns in the progress we have made. I think we probably will have, we probably have one of the best stormwater programs around. There is a long way to go and there certainly is, to be sure, a lot of money to be invested as we go. Some, not as much as you think. Not every solution needs an engineer, solutions just need man hours but we have talked about creating that master plan, we are in the process of working on that now with Lome Brousseau and others creating that stormwater management plan. The implementation that Ray had just talked about. MR. SCHWARTZ: Do you think you have done everything in your power and do you think you could do or will be doing more in the future? SUPERVISOR RUSSELL: We will have no choice but to do more and we could always have done more but we have done quite a bit. MR. SCHWARTZ: Thank you. Town Attorney Martin D. Finnegan SUPERVISOR RUSSELL: Would anybody dsc like to address thc Town Board on this public hearing? TOWN ATTORNEY FINNEGAN: This hearing is not being closed, it is will be open for seven (7) days for written comments. Copies of the draft annual report are available at the Town Clerk's office for review and just to add one more response, part of the public outreach that is anticipated in the coming year is to post all of the planning documents related to MS4 on the website, so that has already been contemplated. This hearing was left open for written comment until May 25, 2010 at 5:28 PM RESULT: ADJOURNED [UNANIMOUS] Next: 6/1/2010 4:30 PM MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell May 18, 2010 Page 50 Southold Town Board Meeting Minutes Closin~ Statements SUPERVISOR RUSSELL: Now, who would like to speak first on any issue of mutual interest? ERIC RUSSELL: Inaudible. I would thank the Board for bringing up my concerns at the last Town Board meeting and the code committee meeting that followed that. However, I came out of that meeting a little confused. So I called Damon, the code enforcement officer, about what exactly was decided and he said this time the Town Board will not be enforcing any (inaudible) so I wasn't quite sure what he was talking about because I had asked for a few other ideas (inaudible) and things that I heard about that (inaudible) are clear violations to the code and he said at this time he is not going to enforce any of that. SUPERVISOR RUSSELL: I don't know what he said. He doesn't have the authority to decide that: What ! think we decided because of the short notice of the special events for the mother's day brunches, that they, I think we understood they were clear violations of the code. He had contacted both wineries. One only had nine booked and the other had eleven booked and because of the lateness of it, we let that lapse. MR. RUSSELL: I have no issue with that. SUPERVISOR RUSSELL: Yes. But what we need to do and what we talked about at the meeting is we need to get out there and have people, and I did, I sent Bob Fisher out there last year to the wineries to get their compliance with the special events permits. But I need to meet with them but I still have some questions of my own so I understand exactly what we can and can't do or they can and can't do before I meet with them. The vending issue which I tried to address two years ago because of the vending issue getting to be very slippery, what is vending, what is catering, what is this and what is that, is it permitted for the general public, is it closed to closed events, that stuff we need to, we just had a brief meeting on it recently and we are going to set that up for a code committee meeting over the next couple of weeks. But I can't really meet with that group until I know for sure what, I mean, I would think that someone, that again, we had this problem when we had a hot dog truck in the middle ofa farmfield in Southold .... MR RUSSELL: Well, I understand that but a hotdog truck is in the town code .... SUPERVISOR RUSSELL: But it wasn't a permitted use. In other words, that was no more compliant than a pizza van at a winery because it was a stationary use in a farm field that doesn't permit retailing. MR. RUSSELL: But if you talk about the definition of the transient retail operation, there are exceptions for, maybe it wasn't the fight use for that area but a hotdog truck, coffee truck, ice cream truck are exempt from that. SUPERVISOR RUSSELL: No, they are not exempt from stationary sale. What they have to do is they have to maintain the transient nature of their business. They are not allowed to park in May 18, 2010 Page 51 Southold Town Board Meeting Minutes front of an existing and I addressed that at the time because I got complaints from restaurant owners and businesses that felt, how come this guy spent $75,000 to open his door to a restaurant and he has got to look at a hotdog truck in his parking lot every morning? And the, a hotdog truck in the farm field in Southold, now that is not a permissible use under the transient code, under the vending code, because it is a stationary operation with a parking lot and parking. That wasn't permitted. But again, that goes back to a code that was written 20 years ago that is very poorly written. MR. RUSSELL: Well, I brought up some things to Damon that were not, you know, not even winery related. A B & B serving food (inaudible) on their website, serving food to the public, last seating at 10:00. And he says he won't go up there because if he does, they will complain that he is not enforcing at the wineries. I brought up about another winery in town, the new one, that is advertising ladies nights on Thursday, party every Friday night all summer long, food and drink specials. Now I don't know why you can't knock on the door during the week if you know you can't work weekends to find out exactly what they mean by that. To find out if that is going beyond what they are allowed to do. COUNCILMAN TALBOT: One ofthethings... MR. RUSSELL: Inaudible. COUNCILMAN TALBOT: About the weekends, he, we had already set it up that if he felt he needed to work on the weekends to go check on things, he has the authority to do that. SUPERVISOR RUSSELL: And I had given him the authority for the overtime, he says look, I can't work, I have kids, I understand that. We talked recently, but again, we haven't had that follow up meeting but we talked about utilizing the police department. But let me ask you something, we have food and drink specials being offered at a winery .... MR. RUSSELL: Every Friday night all summer long. SUPERVISOR RUSSELL: And he said he wouldn't do anything about that? MR. RUSSELL: He said at this time he is not going, because I asked him specifically about that and about the B&B advertising the food on the eastern edge of town, a five room B&B advertising their own chef, the last seating at 10:00 and he said he is not going to do anything about that either. That is what I got from him. I would also say that I don't know, this whole weekend thing, that comes the enforcement angle after you have already spoken to them to find out they are doing something not supposed to do but preliminary, can't he just walk up there and knock on the door on Tuesday and find out what they mean when they are advertising food and drink specials? SUPERVISOR RUSSELL: Yes, I agree with that. I agree with that. COUNCILMAN KRUPSKI: Sure, sure. He doesn't have to go Friday night. He can if he wants May 18, 2010 Page 52 Southold Town Board Meeting Minutes but on his own time. COUNCILMAN TALBOT: If I was making a complaint I would go in there and file a written complaint, fill out one of the forms they have in there and if it is not acted on, then we will have to take it up on our own. SUPERVISOR RUSSELL: Okay, and I don't want to harp on something but again, I tried to address this vending code a few years ago and I don't remember anybody being there but I remember getting hammered for it but at the time, it provided, it required that all vending would go before the building department, the planning board, to determine its use, so that that pizza van for instance, we don't mention the word pizza in the code but is that what we intended when we drafted the code? Or did we intend to exclude pizza just because it wasn't specifically referenced? What is the inherent intent of the code? But all of that on the code I proposed changing a few years ago would have required that they go before the planning board for determination so that the planning board could look at it and say, you know what? That is catering and you are not allowed to cater to a public body. We don't have that oversight, the vending is taken off and we don't have that oversight because there is no vehicle for it. That is what I tried to propose a few years ago, so we can answer questions before someone got situated in a farm field with a parking lot and everything. To catch it at the door before it took place. I didn't get any support at the time. I got hammered from my opponent at the last election. MR. RUSSELL: But (inaudible) that hot dog didn't have to go to the town, was it the building department to get a permit for the hot dog truck? SUPERVISOR RUSSELL: No, you have to go to the Town Clerk's office for the vending permit. MR. RUSSELL: Isn't there background check .... SUPERVISOR RUSSELL: Only what the county requires, contagious diseases. It doesn't speak to where you can vend from. Nothing in the law speaks to that. But setting up a stationary operation in the middle of a farm field, that is drawing a tax exemption no less, seems unfair to other businesses. And the transient nature has never really been fully defined but the intent seemed to be that it be a mobile business, not situated at a winery anymore than it should be situated at a farm field. And if pizza isn't covered, then you can kick that over to catering and that is clearly not allowed. MR. RUSSELL: But then (inaudible) I didn't bring my notes but I had a copy of that code as it related to vending and it was pretty specific about hot dog trucks, coffee trucks, ice cream trucks. It didn't have anything mention about anything else. So I don't see how that could be vague, I don't understand... SUPERVISOR RUSSELL: What I am suggesting is, is that somebody goes out and buys a pizza van and starts vending, first of all I am not sure that we even have a vending permit for it. If they are selling pizza on private property, we don't require a permit for that but it just simply might May 18, 2010 Page 53 Southold Town Board Meeting Minutes not be allowed because it might fall under the bailiwick of catering. But again, those things would have been required if the law passed a few years ago because we would have had that review in the beginning. MR. RUSSELL: Alright. Fair enough. Then why when local hotels set up a oyster vending operation at their property, they were stopped by the town? SUPERVISOR RUSSELL: That is a good question. That is a good question. And I will tell you that had that property been located in the agricultural district, which it can be by law, the town couldn't stop it. But I agree with that, I agree with that and that was based on a complaint by a neighbor. But the problem is that the ambiguous wording and you keep saying it is not about the clarity of the code but it is, the ambiguous wording about what we allow with wineries and what we allow for vending and what we allow for you know, they are all coming together and what ag and district, they are all coming together to make a very opaque situation and that is what we have to sort out. My view is a pizza van set up for any length of time at a winery selling to the public would be tantamount to catering and shouldn't be permitted when it is a public event. But should a private event, should the Strawberry Fields not have private vendors there when it is the Lions Club? You know, those are the things that have to be sorted out. But I think there are a lot of questions left without a lot of answers and I can't address the winery community other than for special events until we get an understanding of what they can and can't do. MR. RUSSELL: Alright. Then I also have another question, follow up to that, I was at the code committee meeting and you extended an invitation to the wine council to sit down in the future. SUPERVISOR RUSSELL: Yes. MR. RUSSELL: What is the point of that? Can I ask? SUPERVISOR RUSSELL: Yes, the point of that is so I can sit down over the next couple of weeks with them and have a clear understanding with them as to what they can and can't do. But I need to sit down with Martin and Jen and the Town Board members so that we have a clear understanding, like my view would be you can't bring in vending when the public is there to sell to the public. I would view that as catering. MR. RUSSELL: Okay. SUPERVISOR RUSSELL: I don't care if it is hot dog truck or a pizza truck. That is catering to the public. I am not sure that should be allowed. MR. RUSSELL: Can I ask the Town Attorney, have you even contacted the SLA about anything? Have you had any questions for SLA in terms of, because SLA law is very clear about what they can do with food at, on a farm winery licefise and it sounds to me if they have food at a winery, it is circumventing the SLA law. So have you even contacted SLA at all to ask them if that is circumventing .... May 18, 2010 Page 54 Southold Town Board Meeting .Minutes SUPERVISOR RUSSELL: I disagree with you but I will make sure that we do that. But the SLA law, the farm winery license was just expanded to any food you can eat standing up, things like that. MR. RUSSELL: Actually it is, again I don't have my notes in front of me because I read it a bunch of times, it is also food that is not designed to be prepared and eaten right away. TOWN ATTORNEY FINNEGAN: Not for immediate consumption. MR. RUSSELL: Not for immediate consumption. SUPERVISOR RUSSELL: Not for what? Immediate consumption? Then how do they permit .... TOWN ATTORNEY FINNEGAN: Prepackaged, not made on site. COUNCILMAN KRUPSKI: What does that mean? MR. RUSSELL: No, it is like, in other words for immediate consumption right then and there, as opposed to something that should have some shelf life of some kind .... SUPERVISOR RUSSELL: But then how do they say that you are allowed to serve food that is complimentary to wine? TOWN ATTORNEY FINNEGAN: That is under ag and markets. Ag and markets has the (inaudible) that you can have the finger foods and the things you can eat .... SUPERVISOR RUSSELL: But SLA doesn't allow what ag and markets allows? Who is going to trump who when push comes to shove? Ag and markets. MR. RUSSELL: Inaudible. Because when I approached the board it wasn't, I don't want an adversarial relationship with the Town Board or with the wineries and when you saw it in the newspaper last week, it looked like that was how they were playing it up, although it was a fair article. It also looked like it was adversarial between you and me, which it is not. SUPERVISOR RUSSELL: I know. MR. RUSSELL: I am here to find out who is responsible for what. SUPERVISOR RUSSELL: I agree. I think the Board agrees and the only answer I have tonight is we don't an answer yet and I want to meet with the wine council so that they start following some of the rules that we clearly understand, they are not even getting and I think I told you this, when we printed the special events changes a few years ago, they didn't even affect wineries. But because it included reference to wineries from earlier, one of them called me up and started May 18, 2010 Page 55 Southold Town Board Meeting Minutes yelling at me because we were changing the law on him. No, it has been the same law for 20 years, you just haven't been following it. We sent Bob out and it is going to take a little bit of time, but I can't sit down tomorrow and know that I am confident that I can tell them you can't have this on site. Because I am not sure I have a clear understanding yet of what we allow and what we don't allow and that is a mess and that is the problem. I agree with that 100 percent. COUNCILMAN TALBOT: One thing I would add, I guess I disagree a little bit with that is that in that same article, Chris Baiz from the wine council said that he agrees that there is problems and there is a few bad apples with the vineyards. MR. RUSSELL: Oh yeah. COUNCILMAN TALBOT: I was happy to see that in there. MR. RUSSELL: That was, I was at that meeting and I see 95 % of them do the right thing even if some of them are doing something that I feel is beyond what the code allows, it might be a quality winery making a decision based on what other people are doing not even with a clear understanding, if you guys don't have a clear understanding then I don't expect they would. COUNCILMAN TALBOT: No. MR. RUSSELL: But again, without that clear understanding, it seems to me that people are pushing the line. SUPERVISOR RUSSELL: I agree. MR. RUSSELL: But there are also things that seem to me that aren't .... SUPERVISOR RUSSELL: So gray, I agree with that. MR. RUSSELL: That there seems to be (inaudible) about that also. COUNCILMAN TALBOT: And the bottom line is, the zoning inspector, the building inspector, the fire marshal, if they are vague on a code, they don't understand it, then they could just simply sit down with the town attorney or the chief building inspector and get these things worked out and then enforce the code. Because every tax payer, if you make a written complaint, sign your name to it, then you certainly should have the ability to at least have this thing at least looked at. SUPERVISOR RUSSELL: I think the issue has been easy to ignore over the years but to say we are not doing anything or that we, that is not tree either. I mean, we stepped up with the fireworks thing, we got shut down by the state. I personally filed a complaint on a winery that is serving dinners out of its farmhouse kitchen. I don't know what happened to it. I mean, I think it went to the Suffolk County Department of Health. May 18, 2010 Page 56 Southold Town Board Meeting Minutes MR. RUSSELL: I agree with all of that. I mean, you understand the public perception as well as SUPERVISOR RUSSELL: Yeah, they are getting away with... MR. RUSSELL: You have Raphael vineyards that nobody here, everybody knows it is illegal, you know it, I know it, the whole town knows it and nobody has an answer about that. SUPERVISOR RUSSELL: I can tell you exactly how that happened. The owner that was building it made a phone call to people, he knew the right people at the right time when he was asking it. There is no doubt about that. I will say that for the record. He just knew the right people. Got a commercial kitchen in a winery that never should have been permitted and that is why I think we shouldn't permit the second winery that is being applied for, until that comes into compliance. But I can't take that kitchen away from him now because it was co'd by .... MR. RUSSELL: I understand that. But you understand that people like me don't come here and make noise, you can understand why we would be .... SUPERVISOR RUSSELL: Yes. MR. RUSSELL: This guy would be a little skeptical about if anything would ever be done. That is why I am here. Not to be adversarial but .... SUPERVISOR RUSSELL: No, I agree. MR. RUSSELL: Remind people to do things as they are done. SUPERVISOR RUSSELL: I agree. I just don't think you know, we still have a lot of work left to do. He gave us that summary but we have got to, it is not just knowing what those three separate branches are, ag and markets (inaudible) like town code, it is trying to make them all fit together. MR. RUSSELL: I agree. SUPERVISOR RUSSELL: Anybody, I feel like I shouldn't be doing any talking. And, you know, it is my propensity to open my mouth too much but I feel like this is a town board issue and I don't want the perception to be that this is an issue between... COUNCILMAN KRUPSKI: If we disagreed with you, I think we wouldn't hesitate to step in and say something different. MR. RUSSELL: Okay. COUNCILMAN TALBOT: I disagree slightly. Just like on the one vineyard, if that was there on the final inspection with the building department, they should have never got a co on the place May 18, 2010 Page 57 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: They should have never gotten a building permit but they did. COUNCILMAN TALBOT: Yeah, well. SUPERVISOR RUSSELL: That was a long, long time ago and that was when we had a now retired code enforcement officer running, he was the chief building inspector and that is, you know, I am not going to defend it. That is what it was. COUNCILMAN KRUPSKI: But you know, this is the process now and we will move it forward. And Scott will meet Martin and try to resolve all of those three codes, town code, the SLA and ag and market. And then the wineries, they want to do the right thing. You know, they are happy to come to a meeting. MR. RUSSELL: Inaudible. And he runs a good winery, he has never done anything that I know of(inaudible) I can go on about the ones that I can rave about (inaudible) in the newspaper, it is just some of the things that happen at some of the wineries. SUPERVISOR RUSSELL: True. MR. RUSSELL: My other question to follow up on all of this, so then you say that who would know go to Damon and say you need go, knock on the door... SUPERVISOR RUSSELL: I am going to talk to him tomorrow. I am going to talk to him tomorrow, on behalf of the Board, I am going to ask him tomorrow. Because that was not our understanding, that it is a hands off approach. COUNCILMAN KRUPSKI: Yes, please do. SUPERVISOR RUSSELL: The mothers day brunch was because of the ambiguity .... MR. RUSSELL: I understand that. SUPERVISOR RUSSELL: It was too late but going on forward, I will ask him about that. MR. RUSSELL: I am sure there were customers that were planning on that... SUPERVISOR RUSSELL: I understand. But my, there was no edict from this Board that he should take a hands-off approach and he has no authority to create that on his own. I will talk to him about that. MR. RUSSELL: Okay. BENJA SCHWARTZ: Good evening, Benja Schwartz, Cutchogue. How much does it cost to May 18, 2010 Page 58 Southold Town Board Meeting Minutes dispose of an old refrigerator at the transfer station? SUPERVISOR RUSSELL: It is a flat fee, like $20. We have to pay someone to come in and remove the refrigerant. And it is that cost. MR. SCHWARTZ: Oh, I thought it might be a good thing to let people know that LIPA, if you are a LIPA customer, most people in Southold town are, is buying old refrigerators and they will come to your house and pick it up. SUPERVISOR RUSSELL: Yes, the energy committee is taking that on now. MR. SCHWARTZ: The only thing is, it has to be running. It has to be a working refrigerator. I got a new refrigerator and they came and took mine away and paid me for it. Speaking of the energy committee, did you say anything about the energy committee before I got here? SUPERVISOR RUSSELL: Yes, I met with them a couple of weeks ago and I asked them to bring LIPA out to host a public meeting, public information type of thing to talk about those types of things that LIPA is rolling out. Such as the trade in's on the refrigerator and everything. MR. SCHWARTZ: I was referring to the work session this morning. You said you intended to speak about positions on the energy committee. SUPERVISOR RUSSELL: Maybe that we will run an advertisement, try to broaden the membership a little. MR. SCHWARTZ: Do you want to say something about that? SUPERVISOR RUSSELL: Good idea. Anybody that is interested in serving on an altemative and renewable energy committee should contact my office or contact the Town Clerk's office. We are looking to broaden the membership there and take on more than just the idea of alternative energy but focus on issues such as economy, reduction of consumption, things like that. By all means, please feel free to contact us. COUNCILMAN ORLANDO: Thank you, Benja. SUPERVISOR RUSSELL: Thank you. MR. SCHWARTZ: You are welcome. And what about posting a page on the website that with open positions on committees and perhaps employment opportunities in Southold Town. Is that a possibility? SUPERVISOR RUSSELL: We have no employment opportunities but the open volunteer positions are always available, so we do that regularly. MR. SCHWARTZ: Well, there is no place to go... May 18, 2010 Page 59 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: On the website, I know. We are in the process, we are going to be updating that in the near future. MR. SCHWARTZ: One other thing and not specifically related to Southold but I read in the paper that they have been finding eight inch tar balls in Key West and apparently they are coming from the oil leak in the Gulf being carried by what they call the loop current which apparently circulates around the Gulf of Mexico. I believe there is a connection with the gulf stream current and although some scientists have been reported to assure us that these tar balls will not get any further than North Carolina, I don't believe it. I think we are going to be seeing them here and I don't know what we can do but I for one am trying to be very careful, drive less and slowly. Save as much gas as possible. At least we can do that. Did you have a meeting with the Suffolk County Water Authority last week? Somebody told me there was a .... SUPERVISOR RUSSELL: I met with Suffolk County Water Authority officials, myself and a couple of Town Board members. MR. SCHWARTZ: And they have a new leadership there. SUPERVISOR RUSSELL: Incoming. Yeah, Steve Jones is still there. He is retiring very shortly, Jeff Szabo will replace Steve Jones. I don't think they publicly announced who was replacing Mr. LoGrande when he retires. MR. SCHWARTZ: I am sure the people in Orient are interested if there is anything you could tell us about the meeting? SUPERVISOR RUSSELL: I talked to the community of Orient pretty regularly. MR. SCHWARTZ: You don't have anything to say about what, the substance of that meeting. SUPERVISOR RUSSELL: No. MR. SCHWARTZ: I would like to bring up an issue related to code enforcement. A notice of violation which was issued last week and also future notices of violation. I took it on my own initiative to investigate how this notice of violation came to be. So first I called the organization that was sponsoring the event that was violated, Dog Town daycare, nobody answered, so I left them a message. Then I called the North Fork Animal Welfare League, there was no answer, so I left them a message. And then I called the Supervisor's office and left the Supervisor a message. He wasn't there so I called the code enforcement officer to find out about the notice of violation that came from his office. He wasn't there so I left him a message. I made one other call, I tell you I am a pretty persistent guy. I called the Town Attorney's office and the Town Attorney answered the phone, but we had a good talk. We had a very good talk and at the end of our talk I think it was agreed that there was a problem with the notice of violation that should be corrected in the future. I was not trying to pin any blame on anyone. Then I got a call from the code enforcement officer, I don't need to go into every step by step detail but as you know, May 18, 2010 Page 60 Southold Town Board Meeting Minutes Supervisor Russell, I got a call from you .... SUPERVISOR RUSSELL: You got your call returned from me, Benja, that day. You called me and left a message, I returned your call. MR. SCHWARTZ: You called me about 8:15 at night. At my home. SUPERVISOR RUSSELL: Well, the phone wasn't working. I had called you a few times earlier and your phone would go to what sounded like a fax machine. MR. SCHWARTZ: That's, well, I was happy to hear from you but I wasn't happy to hear what you had to say. And you told me you didn't want to hear what I had to say, you just wanted to tell me and I don't know if you want to summarize what it was? SUPERVISOR RUSSELL: Yes, the issue with the Animal Welfare League. I don't agree with the way it was handled by the town. I think it was fundamentally a landlord tenant issue. If we had an issue with something going on there, the attorney's office could have called the tenant and said what is this? and if it needs a special permit, refer them to the office to get a special permit. But it hasn't been established whether they needed one or not. Rather than send it over to Damon, so he could do the best he could to try to gather information, he sent out what wasn't a summons hut it was on notice of summons letterhead. But basically his letter was saying it may be in violation if it is this and if it is that. That is not the best way to gather information but Damon, you know he is a one man operation. I feel like the whole thing could have been nipped in the bud if simply as a landlord, our attorney called the tenant and said, well, what is this? Are there going to be more than 20 or 30 people, how many people them, do you have insurance for this event indemnifying the town, that sort of thing. Rather than more or less not being sure and frankly pushing it on Damon's lap. I feel like, you know, it is not a violation yet we haven't determined that so Damon probably shouldn't have been, especially at the last minute when that event was taking place. But my position with you is, you know, I have a tenant there, I have representatives that tell me you call me if you want to know something, I need to talk to this person in particular. You are a member of the public, you are not a representative of their board, you are not their legal counsel. And I don't think persistent phone calls to the Town Attorney or the Code Enforcement officer, you know frankly, I don't think they should be dealing with you with that issue. That is a landlord tenant issue. I don't think you have a place in that discussion. I still don't. MR. SCHWARTZ: Okay. First of all, I don't buy that it is a landlord, pure, clean and simple landlord tenant issue. The organization sponsoring the event is not a tenant and the organization that was benefiting that was involved in the event is more than just a tenant. They are also an agent of the town pursuant to a contract. So there is a principal agency issue as well as landlord tenant but you know, that is one thing and specifically the notice of violation is a very simple issue which is what I was calling about, was that it said notice of violation and then in the body of the message it said, there may be a violation. You don't know. But it was misleading to say the least, (inaudible) and ambiguous and conflicting. You know, so I called and I spoke with town officials and I was satisfied with the final outcome of our discussion. With the Town May 18, 2010 Page 61 Southold Town Board Meeting Minutes Attomey's office and the Code Enforcement officer but you and me did not have a discussion... SUPERVISOR RUSSELL: We had a discussion, I did not agree with you. MR. SCHWARTZ: No, we didn't have a discussion. SUPERVISOR RUSSELL: Well, you did quite a bit of talking. MR. SCHWARTZ: I was not able to say anything. SUPERVISOR RUSSELL: You did quite a bit of talking, Benja. I just don't agree with you and I am sorry. MR. SCHWARTZ: You told me you didn't want to hear what I had to say. COUNCILMAN KRUPSKI: Alright, let's get back to the MS4 discussion, please. COUNCILMAN TALBOT: Not for nothing, Benja, but what did this have to do, if the violation wasn't written to you, what did this have to do with you? MR. SCHWARTZ: A good question. Thank you for asking that. That is what I tried to answer for the supervisor. Because he accused me, well let me tell you, we've heard his side of it, I will tell you, I was tired after doing a couple of jobs that day. The Supervisor called me, he couldn't even remember who I was. He kept calling me Damon, he kept saying, Damon, you shouldn't be calling Benja. You shouldn't be talking to Benja. SUPERVISOR RUSSELL: No, I was telling you what I told Damon. Trust me, I remember everything. MR. SCHWARTZ: You told me I shouldn't be calling Benja. You accuse me of harassing the Town Attorney's office with five phone calls. I made one phone call to the Town Attorney's office and I wasn't able to correct you because you weren't listening. You told me, you, meaning me, are nobody. You said, you are not an official representative of any organization, you are nothing but a gadfly. Now that is a summary. If I had a tape of exactly what you said, it would be a lot more upsetting than that. SUPERVISOR RUSSELL: To who? MR. SCHWARTZ: Particular, to anybody who cares about this town and cares about somebody who is being called a gadfly. In the bible they talk about, could I please tell my... SUPERVISOR RUSSELL: Sure. MR. SCHWARTZ: Tell my side of the story? In the bible they talk about gadflys. In ancient Greece a gadfly was a position who, Socrates was honored to consider himself a gadfly and as he May 18, 2010 Page 62 Southold Town Board Meeting Minutes said, if you swat the gadfly and kill the gadfly, you know, you are hurting yourself. The position of a gadfly is enshrined in the constitution of the United States in the provision guaranteeing the fight to redress of grievances. Who am I? I never pretended that I was representing the North Fork Animal Welfare League or the business or the town, I am a person but I don't, I have a fight as a person, I am a citizen of the United States and Southold Town, I also happen to be very interested in the community, I do a lot of work but any person who has a comment and a suggestion that in the future, a warning notice should be clearly labeled a warning in the title, not a notice of violation when it is not a notice of violation. Shouldn't be called a notice of violation. That was the only point that I was trying to make and I was not trying to argue or blame anybody. Now I am because now I am pissed and if the rest of you on the Town Board do not feel that this was the wrong way, that this situation was handled, then it hurts my confidence in your intelligence. COUNCILMAN TALBOT: Benja, Scott should have done to you what he usually does to me, he doesn't call me back. But I have an issue with you making the phone calls here and the North Fork Animal League, whoever else got this notice, they are not here to complain about it. MR. SCHWARTZ: I was involved in the event as a volunteer. I spent my entire day on Saturday working to try and raise money for a non-profit organization and there was a big damper put on the event by the way this was handled by the town. Now I never said that the town shouldn't have done anything, I am very happy to see the town was proactive and if the notice had been worded differently, I would have had no objection to the town protecting itself from a possible violation .... COUNCILMAN TALBOT: I wouldn't disagree with you on those notices of violation because they are not, typically they are not a violation, they are notices that you are in violation but they are not going to write you up unless you stop whatever you are doing or correct the violation and then it ends there. But unless he was an attorney, if you were an attorney for the party, I wouldn't, I wouldn't converse with you either. MR. SCHWARTZ: Well, I just want to point out one quick thing about the website and then I will leave, there is a thing about the spring cleanup and the hot links. It has been on there for almost two months. It was pushed down to number two after we had all the flooding, put up something about the flood to number one but the spring cleanup, click on the link and it goes nowhere. So you know, to see the number one and number two hotlink on the town website is nonfunctional and stays that way for almost two months now, tells me the website is not functioning as well as it could be and should be. Thank you. COUNCILMAN KRUPSKI: Thanks, Benja. COUNCILMAN ORLANDO: Would anybody else like to address the Town Board? (No response) Can I get a motion to adjourn? Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 6:01 May 18, 2010 Page 63 Southold Town Board Meeting Minutes Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Albert Kmpski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell