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Home My WebLink AboutTB-04/20/2010ELIZABETH 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. 11. 12. MINUTES April 20, 2010 7:30 PM A Regular Meeting of the Southold Town Board was held Tue~¢aS, Apn~! 20, 2010 Meeting Hall, 53095 Main Road, Southold, NY. Supervisor ! PM with the Pledge of Allegiance to the Flag. Call to Order 7:30 PM Meeting called to order on April 20, $outhold, NY. I. Reports Human Resource Center Hall, 53095 Route 25, Town Clerk Department of Publ!~ Program Recreation De Justice Lom~ P. Evans Justice William H. Price, Jr. Board of Trustees Judge Bruer Monthly Report Zoning Board of Appeals Monthly Report April 20, 2010 Page 2 Southold Town Board Meeting Minutes II. Public Notices 1. New Application to NYS Liquor Authority 2. Liquor License Renewals III. Communications IV. Discussion 1. 9:00 A.M. - Gunther Geiss & Police Advisory Committee 2. 9:30 A.M. - Jim Bunchuck 3. 10:00 A.M. - Ben Suglia 4. 10:15 - John Sepenoski 5. 10:30 A.M. - Melissa Spiro, Land Pres Com 6. 10:45 A.M. - Heather Lanza 7. Stop Signs 8. Guest Beach Passes 9. Committee Appointments 10. Colony Pond 11. EXECUTIVE SESSION: Labor 12. 12:30 P.M. - EXECUTIVE SESSION- Jim Bunchuck 13. EXECUTIVE SESSION: Labor 14. EXECUTIVE SESSION: Litigation Updates 15. Set Code Committee Meeting Special Presentation Arbor Day Poster Contest - Winners SUPERVISOR RUSSELL: What I would like to do is ask everybody to please rise for the Pledge of Allegiance to the Flag. Thank you. Before we get on with the regular business of the Town, I would like to introduce Dave Cichanowicz and Peggy Murphy from the Southold Town Tree Committee. As you can see from all these really tremendous entries, this is the annual April 20, 2010 Page 3 Southold Town Board Meeting Minutes poster contest. The tree poster contest. So what we are going to do tonight is announce some winners. I am going on down and join Dave. We have a certificate, I don't see the names on here, so I am going to call up this is for a job well done. And we have Miles Williams. Congratulations. Why don't you show us your poster and read it to us? MILES WILLIAMS: Trees are very important, like on Christmas, they are the main attraction. SUPERVISOR RUSSELL: Next we have Lindsey Woodhull. Congratulations. Why don't you show us yours? Very nice job. Thank you. Next would Christian Schur come up please? Do you want to read us yours? CHRISTIAN SCHUR: An apple a day, keeps the doctor away. Where do you think we get the apples? SUPERVISOR RUSSELL: Congratulations. I would like to announce the overall winner, would Delaney Hughes come up. Delaney, congratulations. DELANEY HUGHES: It says Kids and trees grow together. SUPERVISOR RUSSELL: Very nice, Delaney. DAVE CICHANOWICZ: The winner of the poster contest gets their poster put on book marks that we are handing out to all the elementary grades. SUPERVISOR RUSSELL: what I would like to do, thank you very much, Peggy and Dave. And to all the winners, congratulations. And I have to tell you, all the kids, all the entries are just absolutely clever, the art is stunning on them, it is one of the nicest events we have each year, the poster contest. Congratulations to all the students. UNIDENTIFIED: I don't come from this area but I would like to say congratulations to you, the Board. SUPERVISOR RUSSELL: Well, thank you. Would anybody at this time like to come up and address the Town Board on any issue as it appears on the agenda? Opening Statements SUPERVISOR RUSSELL: Well, thank you. Would anybody at this time like to come up and address the Town Board on any issue as it appears on the agenda? FREDDIE WACHSBERGER: I actually feel kind of talked out on this issue but the interesting thing is that the more we research it, the more we uncover which supports our feeling that Orient is perfectly fine without bringing in Suffolk County Water. That in fact, we can all afford better water than we can get from hooking up at greater expense to Suffolk County Water and I am kind of shocked, actually, at the disregard for environmental law, state environmental law. I did email the Army Corps of Engineers because they had said that SCWA needs permission to, they April 20, 2010 Page 4 Southold Town Board Meeting Minutes have permission for the first little part of the Dam Pond drilling for the pipe under the pond but they don't have permission for the rest of it which is open channel, open trench laying of pipe adjacent to the wetlands. The Army Corps of Engineers says they .need permission for it. SCWA has not applied for it as of yesterday because I asked them yesterday. There are federal protections, I mean, these are, we didn't know anything about any of this when we started and it has been a process of just learning and digging and researching. The safe drinking water act, SCWA from 1974 and 75 says no commitment for federal financial assistance through a grant, contract, loan guarantee or otherwise may be entered into for any project which the administrator determines may contaminate such aquifer, single source aquifer, I am abbreviating, through a recharge zone so as to create a significant hazard. And in 75 the EDF petitioned the EPA administrators who designate the aquifers underlying Nassau and Suffolk counties as the sole source aquifer under the provision of the act and that was determined. So the idea that they can apply for stimulus funds with the idea that they are shovel ready and they haven't got any of the permits that they need or even addressed the environmental issue except for one tiny piece which they designated a type II and which was removed from the folder when I went to look at the Trustees folder on this and I saw it there and then I asked for a copy of the folder and it had been removed and so nobody has seen, to my knowledge, that type II at least not publicly, that type II short form which was only half finished. I just think this is shocking. That is all I have to say, this total disregard of environmental legislation. · SUPERVISOR RUSSELL: Thank you. Melanie? MELANIE NORDEN: Melanie Norden, Greenport. Can you explain to me in the resolution where it says 'only and not intended to result in any additional development pressure in the area' what is the legal definition, maybe Martin can answer for me, in the legislative wording that says intended and how can we apply intent or no intent on the part of the town or the part of the Suffolk County Water Authority when in fact we have determine (inaudible) has not taken issue with it that the town has absolutely no authority? So where does the notion of intent enter into the discussion and please define that carefully and legally for me please. TOWN ATTORNEY FINNEGAN: Well, the legislative intent, you are reading from the paragraph of the proposed local law .... MS. NORDEN: Inaudible. TOWN ATTORNEY FINNEGAN: Yes, so every time the Town Board adopts a new law, they have to do it pursuant and to state the legislative intent. I think here... MS. NORDEN: What is the legislative intent as such? TOWN ATTORNEY FINNEGAN: Legislative intent would be the basis or the reason why the law is being adopted. The reason .... MS. NORDEN: But when you say it is not intended to result, does that mean it will not result, it may result, it will result... April 20, 2010 Page 5 Southold Town Board Meeting Minutes TOWN ATTORNEY FINNEGAN: This is language that is actually taken, the application that was presented by the water authority initially was for the extension of a transmission main only to Brown's Hills. MS. NORDEN: Inaudible TOWN ATTORNEY FINNEGAN: That intent has been questioned obviously, but I think the, what the intent of this Board would be, would they ever consider an adoption of a law like this would be that it would not be, is not intended to open the door to further .... MS. NORDEN: Yeah but that is not how this is reading (inaudible). This reads it is not intended but it does not say in clear and unequivocally (inaudible) the town will not. So if you say, if I say I don't intend to go to an event tomorrow night and then I change my mind, then basically I am saying (inaudible) and I don't accept the fact that we simply translate the wording of the SCWA into our own legal action. SUPERVISOR RUSSELL: I think you need .... MS. NORDEN: I am asking a very clear definition of what this means when we say it is not intended. SUPERVISOR RUSSELL: Okay, can I answer, Martin? As reality, the original, this mirrors the language of the original water policy adopted, well, you can roll your eyes, but it was adopted by this town several years ago. The intention of the water management plan was to provide water to those who needed it but provide a bar to those who did not. Vacant lots, empty parcels, etc. That is where the distinction transmission versus distribution came from. The intent of this law, if acted on in the affirmative, the intent would be to supply water to the existing homes, not to vacant land, not to subdivisions but to existing homes that have an existing well. It all follows the water policy adopted by this Board years ago. MS. NORDEN: Inaudible SUPERVISOR RUSSELL: It does, in my view it reads perfectly that way. MS. NORDEN: I mean it doesn't say (inaudible), it says it was not intended. SUPERVISOR RUSSELL: That is right. MS. NORDEN: Which means that there could be unforeseen consequences .... SUPERVISOR RUSSELL: In any law you pass. Absolutely. MS. NORDEN: Well, no you can also (inaudible) no box stores over a certain amount of time, you can say no. this law does not say no and that is not what (inaudible) you can say no, you can April 20, 2010 Page 6 Southold Town Board Meeting Minutes say this will not result in, this will not be possible to result in any expansion of the water map. SUPERVISOR RUSSELL: It would be meaningless language. Because that would be subject... MS. NORDEN: Then this is also meaningless language. Inaudible. SUPERVISOR RUSSELL: Perhaps it would be. Because all you can do is express with legislation an intent to achieve a goal. The consequences of that goal may or may not be met based on all sorts of.... MS. NORDEN: Inaudible. SUPERVISOR RUSSELL: You are being argumentative over language. Let's get to the vote and then we will discuss, in depth, the issue. MS. NORDEN: Okay. I have another comment on actually another request for definition. Under enactment, the second sentence, to provide safe drinking water. Could you define for me what the definition of safe is. SUPERVISOR RUSSELL: Safe drinking water would be established by Suffolk County Department of Health and federal and state guidelines. The proposal for an amendment to a water map, to bring public water to a community, would be presuming that the public, I am sorry, the Suffolk County Water Authority supply of water would be providing safe drinking water to the homes that are the intended recipient of that water. MS. NORDEN: I would feel much more comfortable if safe could be defined because we have already gone through lots of comments from the hearing which is questioned by building and safety and all sorts of issues related to the water itself. And there isn't anyone (inaudible) because it is a water authority it provides safe water and particular we don't know how that water is going to interact with and change the in home osmosis systems or any other systems that people may have. So when we have the word safe, if we are going to pass this and I think (inaudible) we need to say something like based on blah, blah, blah, blah EPA standards of blah, blah, blah, blah, blah. So we know exactly how (inaudible) of how the town is defining safety because again, if we use a word like safe which doesn't seem to have any definition of it at all, I can't imagine, it is way too vague and not at all specific and doesn't in any way move to the point that so many people have stressed here which is that they are concerned that SCWA maybe does not supply (inaudible). So it is necessary, I would strongly urge you to amend the language to include what you mean by safe. I think that is extraordinarily important. COUNCILMAN KRUPSKI: You are right. You are right on all those things about the safe part. And we should define it a lot clearer. MS. NORDEN: And I am very concerned about the intention (inaudible) because I know that under law plenty of times you have said no. You have said no to this or no to that, you were very clear about the definitions. So to leave the intention up to the vague unforeseeable circumstances April 20, 2010 Page 7 Southold Town Board Meeting Minutes of the future either on the part of the water authority or the part of the town, may be side stepping the issue. Thank you. SUPERVISOR RUSSELL: Thank you. I think you are misconstruing but I will take that under advisement. Yes? VENETIA HANDS: Venetia Hands, Browns Hills, Orient. None of us knew anything about what we were doing to begin with. The more a lot of us get into it, the more puzzling it gets. Scott, you had an exchange with Freddie this week about why are they so adamant to come into Orient? When there are other parts of Southold that want them? Why not go there first? What is going on? I mean, Mr. Jones accused us of conspiracy theories but you know, when you are pushing that hard, we are going are we sitting on access to the Lloyd aquifer and they want to get it here and take it in the other direction? Is that is what is going on? Because even if they hooked up 700 homes in Orient, it is not going to make a huge difference to their income and they need more income, it says in their bond ratings that they are in danger of losing their lovely bond ratings if they don't make more money and hook people up and they can raise the rates without anybody saying no? You know, it just gets odder and odder to me that they are not willing to say, hey guys, we hear you don't want this, let's go to the table and look at the whole picture. The Department of Health has got this like double whammy going with them, so Suffolk County Water company says we only want to go to Browns Hills, we have no intention of going any further, it is a transmission main, only people there can hook up and right behind them the Department of Health is issuing documents that say we don't recognize Southold Town Board's ability to have any influence here at all, we think this transmission main thing is absolute nonsense and should not be allowed and we think the water out in Orient should be replaced for everybody. They tell us at their open house that Orient has lots worse water in Southold but when (inaudible) goes and talks to the Department of Health person on Monday there and he has got exactly the same set of data, it is not true. There is a lot of houses and wells that are right on the line that say we do know what the safety standards are, they are very, you know, they are not as safe as we would like them. They are not as safe as reverse osmosis gives us. But Orient isn't over the line except with nitrates in a few cases and a few bad wells of which one person here has. Apparently. I think if the company really thinks they should be helping people with bad water, they should have been here years ago putting filters on those people's water, giving them tanks of fresh water and doing whatever is necessary for emergency help to individuals. Not bringing in pipes for everybody. So I just, it is the adamancy of them that is just like what is going on? Thank you. SUPERVISOR RUSSELL: Thank you very much. SANDRA BECKER: Hi, my name is Sandra Becker and the comment I want ~o make is there has been a petition that has been going around asking people how they felt about water going to Browns Hills at this time (inaudible) and I would say that I was frankly astonished at the variety, the diversity of people that chose to sign saying not at this time, saying we want more time (inaudible) we know less it seems. And so we have had people who are full-time residents, some second home owners. Lot of people who have been in Orient for generations. We have farmers, we have business people, we have just about any type of individual that you can imagine. We April 20, 2010 Page 8 Southold Town Board Meeting Minutes have (inaudible). Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on any of the agenda items? Melanie? Oh, I am sorry Benja. Were you going up? MS. NORDEN: I just wanted to raise the other point that I raised the last time and I don't know if you have had an opportunity to discuss it but the question was whether or not in fact it was discriminatory for the rest of the Town of Southold residents for the water authority to (inaudible) or waiver of fees because (inaudible) working slob in the town of Mattituck, Southold, wherever, who will have to pay a whopping $5,000 plus to hookup to water and the idea that the water authority would like to sweeten the deal and make people in Orient respond by waiving fees (inaudible) that any deal they make (inaudible) with any Orient resident is the same financial deal they need to make with any other resident living in any other hamlet in Southold. COUNCILMAN TALBOT: Melanie, when they first brought that water, this isn't the first time, when they first brought it through Mattituck from Riverhead all the way to the high school everybody there .... MS. NORDEN: Inaudible COUNCILMAN TALBOT: Well, they got it free. MS. NORDEN: Inaudible. COUNCILMAN KRUPSKI: But they are good salesmen. COUNCILMAN ORLANDO: They are a private company. They can do that. MS. NORDEN: Inaudible. Not a private corporation (inaudible) can create these kinds of sweetened deals to get people to sign up and then waive the deal after the signup period and charge people an arm and a leg to hookup and I think that given the fact that we have a very diverse community here, great spread of economic income and it is really a difficult time for so many people despite everything we hear in the press, I think we should really consider whether we should allow an authority to offer one deal to someone in Orient and another deal to someone in Mattituck. It just (inaudible) SUPERVISOR RUSSELL: Thank you. Benja? BENJA SCHWARTZ: Hi, Scott, Benja Schwartz. I was wondering if it would be hot in here tonight. I just want, this is not about an Orient water map, I am talking about amending the Southold Town water map and before I talk about the specific of the vote, I think ! would like to say I am against any piecemeal amendment of the Southold Town's water map. When the Southold Town water map was revised in 2007, some of these members of the Board were on the Board. The environmental assessment was put under a memo that said confidential, do not share April 20, 2010 Page 9 Southold Town Board Meeting Minutes this with the public. (inaudible) I looked at the draft agenda for this meeting, I didn't see anything about a vote but now I hear people saying let's get to the vote and discuss the issue afterwards. You know, this, the public hearing was last week but it wasn't clear that there was going to be a vote and I think that an issue of this importance should not be voted on unless the agenda, it gets put on the agenda. It may be the law, it may not be required, I am not saying it is but it certainly common sense. There was no SEQRA review when this water map was amended in the wholesale amendment of the water map. Do we need a SEQRA review tonight? not if we are only (inaudible) not if it is only one (inaudible) but we all know that a main going under Dam Pond across the causeway a 12 inch main is a much more significant action than what is required just to serve those houses and it not only has the potential but it has a capacity, to call this a type II action is to completely distort the size of the action and the ramifications of the action and that is in violation of SEQRA. And with all due respect, I do believe that for you to vote on this without engaging in the SEQRA process is in violation of New York State environmental law and is just thumbing your nose at the environment of Southold Town. I would like to know, I would like an environmental impact statement that would tell me things like how much water is being imported into Southold Town currently? I know we buy water fi'om Riverhead and then I think SCWA has some wells (inaudible). How much water? If they, you know, oh, SCWA, did anybody go to their public heating last week? I was there. I was alone. I went there at 5:00, they said they were going to be there until 7:00. 5:00 the door was locked, everybody was gone. So, you know, that is the kind of promises, that is the kind of trust I have, you know, I had some questions to ask and I wanted to ask them. How much water they were importing? And if they really are a public benefit corporation, they really care about helping people and providing water to people, why don't they do anything for people with private wells. They are not making money out of it (inaudible) but they themselves said, but we don't have to just go by what they said, we know a lot that they don't tell us, one of the things (inaudible) is that the water all comes from the same place. So if what they do damages the aquifer, it is going to hurt all of us with private wells, it is going to hurt them, too. But really, as far as I can tell, their long range planning (inaudible) in the event it exists, is just that they want water to supply their customers. They have not shown any interest in the rest of us and I submit to you that their plan is connect everybody, have everybody on public water. That is not where I moved to, that is not where I have lived for 40 years, Southold Town, to force everybody to subscribe to this water service. There are a lot of questions I think we need to answer about how the water quantity and quality exists and how that is affected by farms, houses, roads. If SCWA is so interested in helping us to protect the environment and insuring a supply of fresh water, why don't they get involved and do something about the road runoff problem? God knows we could use help with that. It wouldn't take that much, you know, I mean you are doing things but you are doing big projects. I think we need a lot of little projects, I think the town should be leading the way, showing private people how they can plant alongside the road. Let's face it, most of the right of ways alongside the road are essentially, private people think of them as their property and they take care of that. If they could be improved to reduce the road runoff and possibly treat it to some extent... COUNCILMAN KRUPSKI: Do you know what New York City did about 10 or 12 years ago to protect their water supply? They had, instead of, the whole upstate reservoir feeds, gravity fed, into New York City right? Millions of gallons and they were concerned about runoff from April 20, 2010 Page 10 Southold Town Board Meeting Minutes animal waste with all the dairy animal operations up in the Catskills affecting the water supply, so they were coming up with bazillions of dollars, I think that is the exact figure, to treat this water. Because water treatment is very expensive, instead, they paid all the farmers that they thought would affect this aquifer, to plant grass filter strips anywhere near that would affect any stream that ran into the reservoirs. And it cost them a fraction of what it would have cost them to try to treat the water. So you are absolutely right. MR. SCHWARTZ: The SCWA doesn't think they need to do that. They think they have got enough water in the Pine Barrens but (inaudible). To bring that water out here, you know, we need a Southold Town water authority. We need, because nobody else is protecting us. The Suffolk County Department of Health essentially regulates the water property by property. So you would have to have a certain size property if you are going to have a well and a cesspool on the same property. So that is really is only about the biological contamination which gets filtered and treated through the soil, the chemical contaminations, the nutrients, they do not get filtered and they all end up in the same aquifer. And when you start pumping in more public water and getting more water which is contaminated, we call it waste water but there is no such thing as waste water. There is only one water in the world. Fish swim in it, we water our plants with it, it is the same water. We use it and we reuse it and we reuse it. Let's take care of it. SUPERVISOR RUSSELL: Thank you. Who else would like to address the agenda? Marie? MARIE DOMENICI: Good evening. Marie Domenici, Mattituck. Inaudible. And when SCWA came through (inaudible) I have to say of the 47 residents, I don't believe anyone has signed on. I have to believe that SCWA has an axe to grind. And at the end of the day (inaudible) of taking people to the cleaners when (inaudible) I have a reverse osmosis system and (inaudible) and you know, I don't know if Suffolk County Water's grand plan is but obviously (inaudible) I do have one question for you though. In the (inaudible) enactment, it says that the environmental consultant was retained by the town. Do you have the name of.... SUPERVISOR RUSSELL: That would be Nelson, Pope and Voorhis. They are the ones that did the SEQRA on the original map and it just makes logical sense to go to them any time there is a proposal for an amendment. MS. DOMENICI: Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? MS. WACHSBERGER: Inaudible. SUPERVISOR RUSSELL: We will speak to that issue when we get to the vote. Anybody else like to address the agenda? (No response) Let's go ahead. Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, March 23, 2010 April 20, 2010 Page 11 Southold Town Board Meeting Minutes Yes/Aye No/NaY Abstai~ Absent William Ruland Seconder [] [] [] [] Vincent Orlando Voter [] [] [] [] [] Accepted [] Accepted as Amended Christopher Talbot Voter [] [] [] [] [] Tabled Albert Krupski Jr. Voter [] [] [] [] Louisa P. Evans Initiator [] [] [] [] Scot~ Russell Voter [] [] [] [] V. Resolutions 2010-293 CA TEGOR Y: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated April 20, 2010. · t' V0te Rec0rd ~ Resolution RES-2010-293 {~] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled vincent ~iando Voter [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] rn' Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Voter [~ u1 [] [] [] Rescinded Louisa P. Evans Initiator ~ [] [] [] [] Town Clerk's Appt Scott Russell Voter ~ Fl ~ [] [] Supt Hgwys Appt 2010-294 CA TE GO R Y: DEPARTMENT: Set Meeting Town Clerk Set Next Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, May 4, 2010 at the Southold Town Hall, Southold, New York at 4:30 P. M.. Vote Record - Resolution RES-2010-294 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] F1 [] [] Tabled Vincent Orlando Voter ~ [] [] [] [] Withdrawn ~S~OPher T~!b0[ Voter [] [] [] [] Supervisors Appt [] Tax Receiver's Appt Alber~ Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt April 20, 2010 Page. 12 Southold Town Board Meeting Minutes 2010-295 CATEGORY: DEPARTMENT: Attend Seminar Police Dept Grant Permission for Chief Carlisle E. Cochran .Ir. to Attend NYSCOP Annual Training Conference RESOLVED that the Town Board of the Town of Southold hereby grants permission to Chief Carlisle E. Cochran~ Jr. to attend the NYS Chiefs of Police Association~ Inc.~ Annual Training Conference commencing on Sunday~ July 18th through Wednesday~ July 21st~ 2010 in Fairport~ New York. All expenses for registration, travel, lodging and meals to be a legal charge to the 2010 Police Training budget line - A.3120.4.600.200. Vote R~ord - Resolution RES-2010-295 [] 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 [] Tax Receiver's Appt Albert 1Q~pski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-296 CATEGORY: DEPARTMENT: Attend Seminar Town Attorney Grants Permission to Town Attorney, Martin D. Finnegan, to View the Live Webcast of the Seminar Entitled "2010 Legal Landscape: Public Sector Labor Relations" RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town Attorney~ Martin D. Finnegan~ to view the live webcast on May 20~ 2010~ of the seminar entitled "2010 Legal Landscape: Public Sector Labor Relations". All fees are to be a legal charge to the 2010 Town Attorney budget. ~ ¥0t~ R~ra ~ ReS~ Ution RES-20102296 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] 13 [] Withdrawn Christopher Talbot Voter [] [] 13 [] [] Supervisor's Appt Albert Krupski Jr, sec0nd~r ~ E] [3 [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-297 CA TE GO R Y: DEPARTMENT: Employment - Town Accounting April 20, 2010 Page 13 Southold Town Board Meeting Minutes Appoint Nancy Foote to Full Time Clerk Typist RESOLVED that the Town Board of the Town of Southold hereby appoints Nancy Foote to the position of full-time Clerk Typist for the Department of Public Works, effective May 3, 2010, at a rate of $33,068.26 per year. v' Vote Re~°rd i Re~Oluti0n RES-2010-297 :,, , [] Adopted [] Adopted as Amended yes/Aye N0/N~y Abstain [] Def~t~ William Ruled Voter ~ ~ ~ D Tabled Vinc~t ~lando Vot~ ~ ~ ~ ~ Wi~ Chfistoph~ Talbot Vot~ ~ ~ ~ ~ Sup~isor's Appt Alb~ ~pski Jr- ~itiator ~ ~ ~ ~ Tax R~eiv~'s Appt ~ Rescmd~ ~uisa P. Evans Second~ ~ D ~ ~ To~ Cl~k's Appt Scott Rusmll Vot~ ~ ~ ~ ~ Supt Hgwys Appt o Comment regarding resolution 297 SUPERVISOR RUSSELL: This is actually the replacement of a position, this is not a creation ora new position, it is filling the vacancy of a creation in the Department of Public Works. The lady that had worked there was transferred to the police department to fill a vacancy. This is to fill that vacant position. No new expenditure, no new allocation. 2010-298 CA TE GO R Y: DEPARTMENT: Authorize to Bid Public Works Resurface Roller Hockey Rink - Cochran Park RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the reconstruction and resurfaeing of the Roller Hockey Rink at Cochran Park, in accordance with the plans and specifications prepared by James Richter, RAt Office of the Town Engineer. Vote Record - Resolution RES-2010-298 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] , [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Initiator [] [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-299 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk April 20, 2010 Page 14 Southold Town Board Meeting Minutes Grant Permission to Southold Village Merchants to Hold Its 13Th Annual 4Th of July Parade in Southold, on Sunday, July 4, 2010, Beginning at I2.'00 Noon Fiscal Impact: Police Department cost for event = $310 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Southold Village Merchants to march from Boisseau Avenue to Tuckers Lane along Route 25 for its 13th Annual 4th of July Parade in Southold~ on Sunday~ July 4~ 2010~ beginning at 12:00 noon, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. Vote Record - Resolution RES-2010-299 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Kmpski Jr, Voter [] [] [] [] [] Rescinded Louisa P. Evm~s Seconder [] [] [] [] [] Town Clerk's Appt Scoll Russell Voter [~ [] [] [] [] Supt Hgwys Appt 2010-300 CA TEGOR Y: Budget Modification DEPARTMENT: Accounting Budget Mod~/ication Accounting Dept 2010 Fiscal Impact: Provide appropriation for the hiring of part-time Account Clerk effective March 29, 2010 RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2010 budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $9,750 To: A1310.1.200.100 Accounting & Finance, P.S. Part-time Regular Earnings $9,750 April 20, 2010 Page 15 Southold Town Board Meeting Minutes Vote R~xord - Resolution RES-2010-300 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Initiator I~ [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] Supt Hgwys Appt 2010-301 CA TEGOR Y: DEPARTMENT: Employment - Town Accounting Appoint Deborah Allen to P/T Home Health Aide RESOLVED that the Town Board of the Town of Southold hereby appoints Deborah Allen to the position of a Part Time Home Health Aide for the Human Resource Center, effective April 21, 2010, at a rate of $13.04 per hour, not to exceed 17.5 hours per week. ~' Vote ReCOrd ~ Resolution RES-2010~01 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn Christopher Taib~t ~oter [] [] [] 0 [] Supervisor's Appt A!i0~ ~psk! .ir. Seconder [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [~ [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] El [] Supt Hgwys Appt 2010-302 CATEGORY: DEPARTMENT: Budget Modification Highway Department 2010 Budget Modification - Highway Fiscal Impact: The reason for the submitted budget modification is due to the fact that the Heavy Duty Vehicles line item(s) was not funded. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 Highway Fund Part Town budget as follows: To~: DB.5130.2.300.200 Machinery Equipment & Capital Outlay Motor Vehicles Heavy Duty Vehicles $ 4,200.00 April 20, 2010 Page 16 Southold Town Board Meeting Minutes From: DB.5130.4.100.$00 Machinery Contractual Expense Supplies & Materials Parts & Supplies TOTAL: $ 4,200.00 $ 4,200.00 TOTAL: $ 4,200.00 Vote Record - Resolution RES-2010-302 [] Adopted [] Adopted as Amended Yes/Aye N&Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albert Kmpski Jr. Initiator [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter gl [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-303 CATEGORY: DEPARTMENT: Employment - Town Police Dept Approval to Transfer PSD I Tanya Newman RESOLVED that the Town Board of the Town of Southold hereby grants approval to transfer Tanya Newman~ Public Safe .ty Dispatcher I, from the Town of Southold's employ to the Town of Riverhead's employ, effective April 24, 2010. vote Record - Resolution RES-2010-303 [] Adopted [] Adopted as Amended Y~/AYe N~Y Ab~ta!~ ~b~n~ [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn ~pber T~ibgt ~econder ~I Fl [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt H~wys Appt 13. Comments regarding resolution 303 SUPERVISOR RUSSELL: Tanya was an excellent employee, she found greener pastures going back to work for her old employer, the Town of Riverhead and we wish her well. 2010-304 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute Grant Agreement #C006879 Between the April 20, 2010 Page 17 Southold Town Board Meeting Minutes Town of Southold and the NYS Department of State in Connection with the Town of Southold L WRP Hamlet Study RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute Grant Agreement #C006879 between the Town of Southold and the NYS Department of State in connection with the Town of Southold LWRP Hamlet Study, subject to the approval of the Town Attomey. ~' yoteRee°rd - Resolution RES-2010-304 [] Adopted [] Adopted as Pduended Yes/Aye No/Nay Abstain Absent I~ Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator I~l [] [] [] [] Supervisor's Appt ~ [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scoti Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-305 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Proposal Between the Town of Southold and Diversified Technology Consultants Dated April 6, 2010 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Proposal between the Town of Southold and Diversified Technology Consultants dated April 6~ 2010 for engineering services relating to maintenance of the wastewater facilities and compliance with NYS DEC requirements for the Fishers Island Sewer District, subject to the approval of the Town Attorney. [] Adopted [] Adopted as Amended yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Initiator [] D [] [] [] Tabled Vincent Orlando Voter [] D 121 [] [] Withdrawn [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] UI Supt Hswys Appt 2010-306 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Enterprise Services Agreement Between the Town of Southold and OpenDNS, Inc. April 20, 2010 Page 18 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Enterprise Services Agreement between the Town of Southold and OpenDNS, Inc. regarding a software application for content filtering and website access management, for a one year term, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2010-306 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albea Krupski Jr. Seconder [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-308 CA TEGOR Y: DEPARTMENT: Budget Modification Solid Waste Management District CAT 966 Repair Fiscal Impact: Funds for these modifications are avail, in the 'Funded Deficit' line. Grinder modification is for contracted repair to repair to front engine seal. Please see attached backup for discussion c £ CAT and Komatsu modifications. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 Solid Waste Management District budget as follows: From: SR 1989.4.600.100 (Funded Deficit) $ 23,000 To-' SR 8160.4.400.655 (Repairs CAT 966 Loader) SR 8160.4.400.666 (Repairs Komatsu 450 Loader) $ 20,000 3,000 vote Recold ~ Resoluti0n RES,2010,308 [] 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 ~lbert ~pski Jr. Initiator [] F1 12] [] [] Tax Receiver's Appt [] Rescinded Louisa P, Evans Voter I~ [] [] [] [] Town Clerk's Appt Scott Russell Voter ~ [] [] [] [] Supt Hgw~s Appt April 20, 2010 Page 19 Southold Town Board Meeting Minutes 2010-310 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Reappoint James Baker III and Appoint Joel Reitman to the $outhold Town Transportation Commission RESOLVED that the Town Board of the Town of Southold hereby reappoints James Baker III to the Southold Town Transportation Commission effective through March 31, 2013 and be it FURTHER RESOLVED that the Town Board appoints Joel Reitman to the Southold Town Transportation Commission effective immediately through March 31, 2013. Vote Record ~ Resolution RESt2010*310 , [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Clu'istopher Talbot Seconder [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt A!b~ ~p~k! .Ir, ~p~er [3 [3 [3 [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-311 CA TE G O R Y: DEPARTMENT: Committee Appointment Town Clerk Reappoint Christian Baiz, Douglas Cooper and John B. Sepenoski, Jr. to the Southold Town Agricultural Advisory Committee RESOLVED that the Town Board of the Town of Southold hereby reappoints Christian Baiz~ Douglas Cooper and John B. Sepenoski~ Jr. to the Southold Town Agricultural Advisory Committee effective immediately through March 31,2013 -~ Vote Record ~ Re~iutlon RES-20i0~3t t [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Ta!bot Initiator [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt H~wys Appt 2010-312 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Reappoint Peter Bell, Audrey Horton, Merle Levine, Valerie Shelby and Patricia Fulford to the Southold Town Anti-Bias Task Force April 20, 2010 Page 20 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby reappoints Peter BeH~ Audrey Horton~ Merle Levine~ Valerie Shelby and Patricia Fulford to the Southold Town Anti-Bias Task Force effective immediately through March 31, 2013. ~' V~}te Record- Resolntlon RE~2010-312 [] 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 [] Tax Receiver's Appt Alber~ Kmpski Jr. . Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-313 CA TE G O R Y: DEPARTMENT: Committee Appointment Town Clerk Reappoint Elizabeth Thompson (Architect Position), Joseph Lee and Herbert Ernest to the Southold Town Architectural Review Committee RESOLVED that the Town Board of the Town of Southold hereby reappoints Elizabeth Thompson (Architect position'h Joseph Lee and Herbert Ernest to the Southold Town Architectural Review Committee effective immediately through March 31, 2013. Vote Record - Resolution RES-2010.313 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated Wiiii~m Raiahd v0ier [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn ~iopher T~ib;t ~O{~) g~ [] 0 [] [] Supervisor's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Tovra Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-314 CA TE G OR Y: DEPARTMENT: Committee Appointment Town Clerk Reappoint Brian ,~ Hughes to the Southold Town Board of Ethics RESOLVED that the Town Board of the Town of Southold hereby reappoints Brian J. Hughes to the Southold Town Board of Ethics effective immediately through March 31,2015. April 20, 2010 Page 21 Southold Town Board Meeting Minutes Vote Record- Resolution RES-2010-314 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [~ [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [3 [] 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 2010-315 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Appoint Beth Motschenbacher and Reappoint Audrey Horton to the Southold Town Conservation Advisory Council RESOLVED that the Town Board of the Town of Southold hereby appoints Beth Motschenbacher and reappoints Audrey Horton to the Southold Town Conservation Advisory Council effective immediately through March 31, 2012. Vote Record -Resolution RES-2010,315 [] Adopted [] Adopted as Amended Yes/Aye : No/Nay Abstain Absent [] Defeated William Rulm~d Seconder [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt [] ' Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] r~ [] [2] [] Supt Hgwys Appt 2010-316 CATEGOR~ DEPARTMENT: Committee Appointment Town Clerk Reappoint Douglas_ Constant and Mel Phaff to the Southold Town Historic Preservation Commission RESOLVED that the Town Board of the Town of Southold hereby reappoints Douglas Constant and Mel Phaff to the Southold Town Historic Preservation Commission effective immediately through March 31, 2014. April 20, 2010 Page 22 Southold Town Board Meeting Minutes Vote Reeord- Resolution RRS-2010-316 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Seconder [] [] ' [3 [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hswys Appt 2010-317 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Appoint Dixon Harvey (Fishers Island Representative) and Reappoint Maureen Cullinane to the $outhold Town Land Preservation Committee RESOLVED that the Town Board of the Town of Southold hereby appoints Dixon Harvey (Fishers Island representative) and reappoints Maureen Cullinane to the Southold Town Land Preservation Committee effective immediately through March 31, 2012. g Vote Record - ResolutiOn RE$40i0;317 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Voter [] [] : [] [] [] Withdrawn ChristoPher Talbot Voter [] [] [] [] 13 Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] Louisa P. Evans sec0ndec [] [] : [] [] [] Rescinded ~ 13 ~ ~ [] Town Clerk's Appt Scott Russell Voter [] Supt Hgwys Appt 2010-318 CATEGOR~ DEPARTMENT: Committee Decisions Town Clerk Reappoint Joseph Conway Sr. and Henry Flinter to the Southold Town Police Advisory Committee RESOLVED that the Town Board of the Town of Southold hereby reappoints Joseph Conway Sr. and Henry Flinter to the Southold Town Police Advisory Committee effective immediately through March 31, 2013. April 20, 2010 Page 23 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended ~s/~y~ NP~aY Ab~ai~ Ab~n~ [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn Christ0Pher Ta!io0t Voter [] [] [] [] [] Supervisor's Appt Albert Krapski Jr. Voter [] [] [] [] [] Tax Receiver's Appt ~ [] [3 [3 [] Rescinded Louisa P. Evans Voter [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt H~wys Appt 2010-319 CA TEGOR Y: DEPARTMENT: Committee Appointment Town Clerk Reappoint Philip L. Goldman and Margaret Murphy to the Southold Town Tree Committee RESOLVED that the Town Board of the Town of Southold hereby reappoints Philip L. Goldman and Margaret Murphy to the Southold Town Tree Committee effective immediately through March 31, 2013. ,~ Vot~ Record; Res0iUti0n RESt2010-3i9 [] Adopted [] Adopted as Amended y~s/~ye N~a~ Abs~i~ ~ ~ Def~t~ William Ruland Vot~ ~ ~ ~ ~ ~ Tabl~ Vinc~t ~lando s~onder ~ ~ ~ ~ ~ With~wn ~stoph~r ~lb0t Vot~ ~ ~ ~ ~ ~ Sup~isor's Appt ~ Tax R~dv~'s Appt A!bm ~pski Jr: ~iti~mr ~ D ~ ~ ~ Rescind~ ~uisa P. Evans Vot~ ~ ~ ~ ~ ~ To~ Cl~k's Appt Scott Russell Vot~ ~ ~ ~ ~ ~ Supt Hg~s Appt 2010-320 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Reappoint Tom Hudock, Barbara Sheryll, Irene Tsontakis-Bradly, Jim Gorman, Louise Hug and Liza Coppola to the Southold Town Youth Bureau RESOLVED that the Town Board of the Town of Southold hereby reappoints Tom Hudock~ Barbara Sheryll~ Irene Tsontakis-Bradly~ Jim Gorman~ Louise Hug and Liza Coppola to the Southold Town Youth Bureau effective immediately through March 31, 2012. April.20, 2010 Page 24 Southold Town Board Meeting Minutes ~' ¥ot~ R~eord ~Resolution RES-2010-320 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Voter [] [] [] [] [] Tax Receivec's Appt [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [3 [] [] [] Supt Hgwys Appt 2010-321 CATEGORY: DEPARTMENT: Budget Modification Justice Court 2010 Budget Modification - Justice Fiscal Impact: To appropriate JCAP-Justice Court Assistance Program for Carpet/Floor Mats, Office Chairs, and File Cabinets. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 Justice Court budget as follows: Revenues: A.3089.30 T._qo: Appropriations: A.1110.2.100.200 A.1110.2.100.300 A. 1620.2.100.400 Miscellaneous State Aid, JCAP Grant Justices, File Cabinets Justices, Chairs Buildings & Grounds, Carpet $6,197 $1,371 1,500 $3326 ,r' Vot~ Record + Re~lution RES-2010-321 [] Adopted as Amended ~(Pty~ N~(N~y Ab~!~ ~t ~ Withdrawn Christopher Tal~t initia~b~ ~ ~ ~ ~ 30. Comments regarding resolution 321 SUPERVISOR RUSSELL: I would just like to briefly thank Judge Price and the staff over there for securing thc money desperately needed to fix that up. They went out and found a grant to get that done. April 20, 2010 Page 25 Southold Town Board Meeting Minutes 2010-322 CATEGORY: DEPARTMENT: Authorize to Bid Public Works DPW Dump Truck RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for a diesel 3500 Mason Bod,y Dump Truek~ for the Department of Public Works. Vote Record - Resolution RES-2010-322 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Or ando Voter [] [] [] [] [] Withdrawn [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [~ [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [3 [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-323 CATEGORY: DEPARTMENT: Employment - FIFD Accounting Rehire Eagan and Londregan WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their April 6, 2010 monthly meeting to re-hire as part time, seasonal deckhands Daniel Eagan and Timothy Londregan, effective April 21, 2010 and · WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Daniel Eagan of Norwich~ CT and Timothy Londregan of Old Lyme~ CT, to the position of part time~ seasonal deckhands for the Fishers Island Ferry District, effective April 21, 2010 at a rate of $9.90 per hour. ~ V~e Ree0rd - Resolution RES-2010-323 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver'g Appt Albert gaupski Jr. Seconder ~ [] [] [] [] Rescinded Louisa P. Evans Voter ~ [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt April 20, 2010 Page 26 Southold Town Board Meeting Minutes 2010-324 CA TEGOR Y: DEPARTMENT: Employment - FIFD Accounting Appoint Robert Sasso Part-Time Deck Hand WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their April 6, 2010 monthly meeting to hire as a part time deckhand Robert Sasso effective April 21, 2010 and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Robert Sasso~ of East Lyme~ CT~ to the position of a part time deckhand for the Fishers Island Ferry District, effective April 21, 2010 at a rate of $9.50 per hour. Vote Record - Resolution RES-2010-324 [] 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: lniiiat0r [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-325 CATEGOR~ DEPARTMENT: Employment - FIFD Accounting FY2010 One Time Payment WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their April 6, 2010 monthly meeting that a "FY2010 One Time Payment" of $1208 be made to each of the following full time employees and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVED; that a "FY2010 One Time Payment" of $1,208 be made to each of the following full time employees on the next scheduled payroll: Barrett, Frederick Burke, Stephen Brown, Donald Grote, Bryan Hoch, Richard Lynch, Matthew April 20, 2010 Page 27 Southold Town Board Meeting Minutes Doherty, Thomas Dumouchel, Robert Easter, Mark Espinosa, Nick Fiora, Mike Marshall, Jesse Lefevre, Raymond Morgan, John O'Keefe, Conal Paradis, John Schmid, Nina Vote R~rd - Resolution RigS-2,010-325 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter al [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Reschaded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scoit Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-326 cA TEGOR Y: DEPARTMENT: Litigation Town Attorney Stipulation of Settlement W/CSEA RESOLVED that the Town Board of the Town of Southold hereby approves the Stipulation of Settlement between the Town of Southold and the CSEA dated April 12~ 2010, concerning the settlement of PERB Case No. U-29859. ~' Vote:Record ~ Res0 uflon RES-2010-326 ; [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland seconder [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn C~i~pber T~!b0t Initiator [] [] [] [] [][] TaxSUpervis°r'SReceiver'sAppt Appt A!b~ ~p~k! ~r: Vg[er [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-327 CATEGORY: DEPARTMENT: Legal Town Attorney Retain John M. Denby, Esq. as Special Counsel RESOLVED that the Town Board of the Town of Southold hereby retains John M. Denby~ Esq. as Special Counsel to the Town to commence an action in Supreme Court, Suffolk County~ against all necessary parties relating to the constitutionality of the enactment by the New York State Legislature of Chapter 25 of the 2009 Session Laws of New York (the April 20, 2010 Page 28 Southold Town Board Meeting Minutes "MTA Tax Bill"). Vote Reeord- R, solution RES-2010-327 ~ Ad.tM ~ Adopt~ as ~d~ ~ Yes/Aye No~ay ~ Abstain Absent ~ ~t~ William Ruled Initiator ~ ~ ~ ~ ~ Tabl~ Vinc~t Orl~do S~ond~ ~ ~ ~ ~ ~ Wi~ C~stoph~ Taint Vot~ ~ ~ ~ ~ ~ R~c~d~ ~uisa P. Evans Vot~ ~ ~ ~ ~ D Supt H$wys Appt 2010-328 CATEGOR~ DEPARTMENT: Legislation Town Attorney Colony Pond LL to SCPC & PB RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to forward the proposed Local Law entitled "A Local Law to Amend the Town of Southold Water Supply Plan Map to the Colony Pond Subdivision in Southold" to the Suffolk Coun ,ty Planning Commission and the Southold Town Planning Board for their review and recommendation. ~ Vote Record ~ Resoluti0n RES-2010-328 [] Adopted [] Adopted as Amended yes/Aye NpfNay Abstain Absent [] Defeated William Ruland Voter [] [] [3 [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] 13 [] Supervisor's Appt [] Tax Receiver's Appt Albea Krapski Jr. Voter [] [] [] 13 [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 38. Comments regarding resolution 328 COUNCILMAN KRUPSKI: I vote no Betty. I think segmenting changes to the water map is a mistake without proper review of the whole town. 2010-329 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Equitable Sharing Agreement W/Fed. Government RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Equitable Sharing Agreement and Certification between the Town of Southold and the Federal Government (Department of Justice and April 20, 2010 Page 29 Southold Town Board Meeting Minutes Department of the Treasury), in connection with the Town accepting federally forfeited cash property and proceeds, at no cost to the Town, subject to the approval of the Town Attorney. I~ Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defe~ted ~iiii~m R~land 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 2010-330 CA TEGOR Y: DEPARTMENT: Local Law Public Hearing Town Attomey Set 6/1/10 ~ 4:35PM for the Public Hearing: a Local Law to Amend the Town of Southold Water Supply Plan Map to the Colony Pond Subdivision in Southold WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 20th day of April, 2010, a Local Law entitled "A Local Law to Amend the Town of Southold Water Supply Plan Map to the Colony Pond Subdivision in Southold" 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 1st day of June, 2010 at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law to Amend the Town of Southold Water Supply Plan Map to the Colony Pond Subdivision in Southold" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law to Amend the Town of Southold Water Supply Plan Map to the Colony Pond Subdivision in Southold ' BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1. Legislative Intent. This Local Law proposes to amend the Town of Southold Water Supply Plan Map to include the extension of a water transmission main to the Colony Pond Subdivision. Historically, the Water Supply Plan Map reflects the physical changes in the water supply network since 2000. Colony Pond Inc. and Suffolk County Department of Health Services have April 20, 2010 Page 30 Southold Town Board Meeting Minutes represented to the Town that the groundwater quality of the Colony Pond Subdivision is inadequate and poses a significant concem that requires the extension of public water to the area. The extension of the transmission main is intended to supply the development approved in the Colony Pond Subdivision and is not intended to result in additional development pressure in the area. Section 2. Enactment. Based on the goals of the Suffolk County Water Authority and Suffolk County Department of Health Services to provide safe drinking water to the Colony Pond Subdivision, and upon our consideration of the recommendations of the Suffolk County Department of Health Services, the Town Planning Department, and the public comments taken at the public hearing, we hereby amend the Town of Southold Water Supply Plan Map to include the extension of a water transmission main to the Colony Pond Subdivision. Section 3. The Southold Water Supply Plan Map as adopted by Resolution No. 31 on .June 20, 2000 by the Town Board, and most recently amended by Resolution No. 2007-603, is hereby amended to reflect the extension of a water transmission main to the Colony Pond Subdivision. Section 4. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 5. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2010-330 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter El [] [] [] [3 Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [3 [] Supervisor's Appt Albert Krupski Jr. Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scoit Russell Voter [] [] [] [] [] Supt Hgwys Appt 41. Comments regarding resolution 330 COUNCILMAN KRUPSKI: No, I will vote no Betty. 2010-331 April 20, 2010 Page 31 Southold Town Board Meeting Minutes CATEGORY: DEPARTMENT: Enact Local Law Town Clerk LL Amend Water Map Brown's Hill WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 23rd day of February 2010, a Local Law entitled "A LOCAL LAW TO AMEND THE TOWN OF SOUTHOLD WATER SUPPLY PLAN MAP EXTENDING A WATER TRANSMISSION MAIN TO THE BROW3NS HILLS SUBDIVISION IN ORIENT" and WHEREAS the Town Board of the Town of Southold held a public heating on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed local law entitled, "A LOCAL LAW TO AMEND THE TOWN OF SOUTHOLD WATER SUPPLY PLAN MAP EXTENDING A WATER TRANSMISSION MAIN TO THE BROWNS HILLS SUBDIVISION IN ORIENT" reads as follows: LOCAL LAW NO. of 2010 A Local Law entitled, "A Local Law to Amend the Town of Southold Water Supply Plan Map Extending a Water Transmission Main to the Browns Hills Subdivision in Orient" BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1. Legislative Intent. This Local Law proposes to amend the Town of Southold Water Supply Plan Map to include the extension of a water transmission main to the Browns Hills Subdivision. Historically, the Water Supply Plan Map reflects the physical changes in the water supply network since 2000. The Suffolk County Water Authority and Suffolk County Department of Health Services have represented to the Town that the groundwater quality of existing wells supplying the Browns Hills area are inadequate and pose a significant concern that requires the extension of public water to the area. The extension of the transmission main is intended to supply existing development only and is not intended to result in additional development pressure in the area. Section 2. Enactment. Based on the goals of the Suffolk County Water Authority and Suffolk County Department of Health Services to provide safe drinking water to the Browns Hills Subdivision, and upon our consideration of the recommendation of the Suffolk County Water Authority and the Suffolk County Department of Health Services, the environmental consultant retained by the Town and the public comments taken at the public hearing, we hereby amend the Town of Southold Water Supply Plan Map to include the extension of a water transmission main to the Browns Hills April 20, 2010 Southold Town Board Meeting Minutes. Page 32 Subdivision. Section 3. The Southold Water Supply Plan Map as adopted by Resolution No. 31 on June 20, 2000 by the Town Board, and most recently amended by Resolution No. 2007-603, is hereby amended to reflect the extension of a water transmission main to the Browns Hills Subdivision. Section 4. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 5. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RESt2010-331 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn [] Supervisor's Appt Christopher Talbot Initiator [] [] [] [] Albert Krupski Jr. Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] ~ [] [] [] Supt Hgwys Appt 43. Comments regarding resolution 331 SUPERVISOR RUSSELL: What I think we should do is just read the legislative intent and then take a vote. COUNCILMAN TALBOT reads the legislative intent. COUNCILMAN TALBOT: I would just like to make a comment on it, in regards to the normal cases that have transpired in front of the Town, as far as the extension of the water map and how the Suffolk County Water department has previously surveyed the entire area of certain neighborhoods and they would not move forward without a 50 percent agreement to attach, if Suffolk County Water Authority had gone forward with the request that was asked by this Board, I would consider supporting it. But I vote no. SUPERVISOR RUSSELL: I would like to vote no and I would like to make a few quick comments. First, the length of time this has taken, when Steve Jones proposed this to the Town Board a year ago, was a result of the kicking and screaming that we had tried to drag them into a public hearing. It is the role of this Board not to react, to say yes or no but to at least develop community consensus on where they stand. We did our job, we finally had our public hearing April 20, 2010 Page 33 Southold Town Board Meeting Minutes and it is clear to everyone here that the Water Authority did not meet even one of our goals, which was to canvass the community. They laid maps on the table a year ago that showed dots that said potential customers on it in Orient. We asked them to canvass that community to see if there was any interest in water, at all. They canvassed 130 some odd homes which is the Browns Hills segment. They left off the other 700. We got, I believe about 11 or maybe 17 responses in the affirmative. The water authority has historical policy that they would not bring water to a community that doesn't have at least 50 percent of the community interested yet in this case, they refused to even poll that community. If they choose to in the future and they develop a sizable consensus that wants water, we will visit that issue at the time. In the meantime, we are voting no, we are taking the historical policy and agreement that is in place by the water authority and the town seriously. We are asking the Suffolk County Water Authority to take this policy and this agreement seriously and this Board stands ready to enforce its policy and its agreement with any means necessary. We are asking the water authority, please honor the decision making of this Board, otherwise we are going to be facing expensive, long legal processes that don't, at the ~d of the day, serve ~ny pub!!~ interest. 2010-332 CATEGOR~ DEPARTMENT: Property Acquisition Purchase Land Preservation Demchak Der Rights Easement Purchase & SEQRA WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on certain parcels of properties owned by Maria and Michael Demchak on the 20th day of April, 2010, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-84-1-11 and part of SCTM #1000-84-1-12.1. The addresses are 14380 Oregon Road and 22867 County Road 48, respectively, in Cutchogue. The properties are located in the A.-C zoning district at and are at the southerly side of Oregon Road, approximately 725 feet east from the intersection of Cox Lane and Oregon Road in Cutchogue, New York; and WHEREAS, the purchase comprises a part of the properties consisting of approximately 24.6± acres (subject to survey) of the 33± total acres. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owners; and WHEREAS, the proposed acquisition will be funded by the Town's Community Preservation Fund. This project may become eligible for partial funding from a grant proposal submitted to the United States Department of Agriculture - Natural Resources Conservation Service (USDA- NRCS). The purchase price is $65,000 (sixty-five thousand dollars) per buildable acre for the 24.6± acre easement plus acquisition costs; and WHEREAS, the properties are listed on the Town's Community Preservation Project Plan as properties that should be preserved due to their agricultural value; and April 20, 2010 Page 34 Southold Town Board Meeting Minutes WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP') and the LWRP Coordinator recommends that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee h~s reviewed the application for the acquisition, and recommends that the Town Board acquire this development rights easement purchase; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; and, WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulation_s. for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on properties owned by Maria and Michael Demchak, identified as part of SCTM #1000-84-1-11 and part of SCTM #1000-84-1-12.1. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Town Board determines that this action is consistent with the LWRP. Vote Record - Resolution RES-2010-332 [] 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. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter El [] [] [] [] Supt Hgwys Appt Motion To: Motion to recess to Public Hearing April 20, 2010 Page 35 Southold Town Board Meeting Minutes RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 8:27 PM in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell VI. Public Hearings Tuesday, April 20, 2010, at 7:35 P.M., Southold Town Hall, Demchak Dev Rights Easement P.H. COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, April 20~ 2010~ at 7:35 p.m., Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by Maria and Michael Demchak. Said property is identified as part of SCTM #1000-84-1-11 and #1000-84-1-12.1 The addresses are 14380 Oregon Road and 22867 County Road 48, respectively. The adjacent properties are located in the A-C zoning district and are at the southerly side of Oregon Road, approximately 725 feet east from the intersection of Cox Lane and Oregon Road in Cutchogue, New York. The proposed acquisition is for a development fights easement on a part of the combined properties consisting of approximately 24.6± acres (subject to survey) of the 33± total acres. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owners. The easement will be acquired using Community Preservation Funds. This project may become eligible for partial funding from a grant proposal submitted to the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS). The purchase price is $65,000 (sixty-five thousand dollars) per buildable acre for the 24.64- acre easement plus acquisition costs. The properties are listed on the Town's Community Preservation Project Plan as properties that should be preserved due to their agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. This is dated April 6, 2010. We also have a copy of the affidavit of posting on the Town Clerk's bulletin board dated April 9th. Notice of publication in the Suffolk Times, which was on April 15, 2010. We have a short environmental assessment form on record here and the LWRP letter of consistency, principal planner LWRP coordinator Mark Terry, The proposed acquisition is for April 20, 2010 Page 36 Southold Town Board Meeting Minutes a development rights easement on a part of this combined properties consisting of approximately 24.6 acres of the 33 total acres. The action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold town code and the Local Waterfront Revitalization Program policy standards. Based upon the information provided on the LWRP Consistency Assessment form submitted to this department as well as the records available to me, it is my recommendation that the proposed action is consistent with the policy standards and therefore is consistent with the LWRP. And that is it. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this particular...oh, Melissa. MELISSA SPIRO: Inaudible due to microphone malfunction. SUPERVISOR RUSSELL: Thank you, Melissa. Would anybody else like to address the Town Board on this particular acquisition for TDR rights on farmland? COUNCILMAN KRUPSKI: I would like to thank the Demchak family for participating in the program and also thank Melissa for all her work. Because if you look at the map, it is a really impressive block of preserved farmland, it is not, and it takes a long time to accumulate that big an area that is really going to support aghculture forever in this town. And it is not willy nilly. It took a long time to do that. So thank you. COUNCILMAN ORLANDO: I guess that five minute presentation, there is a lot more to it than meets the eye. We all know of the hours and hours spent with the people working deals out. It looks real quick and easy. SUPERVISOR RUSSELL: Would anybody like to address this issue? (No response) RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Closing Statements SUPERVISOR RUSSELL: That concludes the business of the agenda. Who would like to come up and address the Town Board? Yes, Melanie. MS. NORDEN: Inaudible SUPERVISOR RUSSELL: Sir? BILL GIBBONS: Inaudible. Are you saying that you would use my taxpayer money to effect legal action against the Suffolk County Water Authority to deny me clean water? SUPERVISOR RUSSELL: What I am suggesting is we will use any means necessary to make April 20, 2010 Page 37 Southold Town Board Meeting Minutes sure that the will of this Board gets honored. Whether it is through MTA or Suffolk County Water Authority or any presumptively public body that is looking to do business here. Now let me explain something to you, we made it perfectly clear as well that the SCWA has a burden, they have an obligation to go out and show that there is a constituent interest in this. I have to be frank, it is not there, there were a few people that spoke in favor of it but the letters, the emails, the phone calls is overwhelmingly opposed to it. And the lady that spoke to the issue of the diversity of the opposition wasn't kidding. I haven't been able to find a core sense of support out there, we can't impose the will of so many people on but the yeses of the few. The water authority is welcome to develop consensus, they are welcome to come and back and reapply down the road but under the current application, we will not move forward on it. Them is just no consensus or support for it. MR. GIBBONS: Inaudible. They were complaining that the water authority did not poll all 700 homes (inaudible) SUPERVISOR RUSSELL: I asked SCWA .... MR. GIBBONS: Inaudible. UNIDENTIFIED: Inaudible comments. SUPERVISOR RUSSELL: The SCWA is the, that is the entity that made the application. The burden would be on them to address the requests of this Town Board. MR. GIBBONS: Yeah but they were complaining that they didn't poll all 700 homes. SUPERVISOR RUSSELL: I complained, actually I was the one that raised that issue 2 weeks ago. MR. GIBBONS: Well, how many homes (inaudible). They didn't come to me. I am still waiting. SUPERVISOR RUSSELL: First of all, I am going to have everybody address the Board, not each other in the meeting. COLrNCILMAN TALBOT: Scott, even at, what they brought to the public meeting two weeks ago, the SCWA, they even stated that sent letters along the transmission line which they were intending to install, to 143 houses or something and they only got 17 positive responses. They didn't even get anywhere .... UNIDENTIFIED: Inaudible. COUNCILMAN TALBOT: They said 17 immediate, 13 that may do it down the line but out of 143 houses, you know, they were certainly not near 50 percent. April 20, 2010 Page 38 Southold Town Board Meeting Minutes UNIDENTIFIED: Inaudible. COUNCILMAN TALBOT: That is correct. COUNCILMAN KRUPSKI: That is not true. Because once the line is there and you don't make any transactions, then the health department forces you to hookup to it. SUPERVISOR RUSSELL: It is a lot less voluntary than you might think. If you apply for a building permit and you want to put an addition on, first of all, if it is a vacant lot, you are going to have to get public water. The Department of Health will never approve it otherwise. Even if you put an addition on your home that is subject to the Department of Health such as adding a bathroom, you won't get that approval unless you hook up to public water. In many instances, banks are requiring you to hook up to public water otherwise they won't provide the mortgage to the contract vendee. It becomes much more compulsory than this notion that, well, it is voluntary only if you want it type of message that was out there, it is just not, that is not the case. And again, if the will of the community is to have public water, we won't stand in the way of public water. But we waited and we saw no consensus. We did our job. We had the public hearing, I had meetings out there, I went out and met with the community and yes, there were a few people that were interested but the overwhelming majority of all stripes, was in opposition to the water authority and public water. Again, the water authority can go develop consensus and come see us at a later date but they haven't done that yet. And also let me point out by their own policy, they won't bring water into a community unless they are assured that at least 50 percent of that community is going to hook in and pay key money. The hookup charges. They haven't done that here. We asked them specifically and they haven't done that. Again, I don't know what is making Orient so unique that they seem to be absolving themselves of any of their past policies, priorities, rules to go to Orient. UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: That would mean that you should go to the Suffolk County Water Authority or develop community meetings to build community consensus that has an interest in hooking up and then bring that to the water authority so they can bring that to us and reapply for an amendment to the water map. COUNCILMAN ORLANDO: What road do you live on? UNIDENTIFIED: Inaudible. COUNCILMAN KRUPSKI: Our vote doesn't change your status at alt. INAUDIBLE COMMENTS FROM AUDIENCE COUNCILMAN KRUPSKI: All right. But, sir, our vote doesn't change your status. You still have what you had when you moved in. April 20, 2010 Page 39 Southold Town Board Meeting Minutes UNIDENTIFIED: Inaudible. COUNCILMAN KRUPSKI: When you moved in, that is what you, you know... UNIDENTIFIED: Inaudible...if it is available, why would you step in my way so I couldn't have it? SUPERVISOR RUSSELL: We are not trying to. What we are trying to say is if the community wants public water, then bring us an application for an amendment to the water map. But we have asked the community and the overwhelming response was no, we don't want it and it is not our place to subject you know, the people of Orient to the will of a nondescript authority .... COUNCILMAN KRUPSKI: They wanted to use tax dollars to further their own financial goals. SUPERVISOR RUSSELL: To bring water to a place that is telling us no, we don't want it. I have locations, I have homeowners that want public water. Stimulus money can be spent elsewhere. I don't know what the fascination is with Orient for this organization but again, if the community consensus was there, we would revisit the issue. But until that consensus comes up, we have nothing to act on. We have no action but to say no. UNIDENTIFIED: Inaudible...seem like intelligent people but if the health department (inaudible) COUNCILMAN KRUPSKI: That is what they say. SUPERVISOR RUSSELL: That is what they say. Okay, I am going to call on Reggie Tuthill. I want to make sure people that haven't spoken yet get to speak and then we will go back. REG TUTHILL: I just want to thank you for voting, the only thing I say to you is that we went to the Suffolk County Water Authority yesterday and (inaudible) and it seems to me that they look at a lot of territory and they say all these chemicals are in our water but then when people come and test the wells, everybody's wells (inaudible) and I think what we have to do is we have to take on the health department because they seem to work hand in hand because we went over yesterday, we walk into the parking lot, they must have had everybody from the executive office there and I never saw so many Suffolk County Water Authority cars with official plates. Now are they really a county organization? I mean, where do they get the money to get these county plates? (Inaudible) These guys must be taking each one of these cars home and sleeping with it (inaudible). I never saw anything like it. And when I looked at the (inaudible) COUNCILMAN ORLANDO: Well Mr. Tuthill is correct, we walked in together ironically yesterday, there must have been 20 cars there. We walked in, there was no one there. Just us and all the water authority people sitting at the table. They gave the impression there was going to be a lot of people there but there was just Mr. Tuthill and I. SUPERVISOR RUSSELL: There seems to be a very reasonable, easy solution. Send a letter to April 20, 2010 Page 40 Southold Town Board Meeting Minutes 700 homes and ask them, do you want water? You do it every single time you expand your service. When they came to my community, they made it perfectly clear that if 50 % of the homeowners don't sign up, we are not bringing water down here. Despite that community being designated on the Suffolk County Department of Health map as having bad water. But I knew when I bought my house that the water was bad and I accepted that and I have water supply shipped in. they made it clear they are not coming unless the key money is there yet when I asked them months and months ago, they didn't do it. Again, we are here to reflect the will of a community, not to react or overreact to any small segment and certainly not to kowtow to the will of a nondescript entity. COUNCILMAN ORLANDO: And I think we are forgetting the application is specific, they are coming to Browns Hill to help them out but (inaudible) Browns Hill people came to us, they don't want it, they don't need it, their water is fine. SUPERVISOR RUSSELL: Right. The application was ..... COUNCILMAN ORLANDO: (Inaudible) that was coming to Browns Hills specifically and Browns Hills people said they were fine, they didn't need it. They didn't want it. SUPERVISOR RUSSELL: Marie? MS. DOMENICI: Inaudible. COUNCILMAN ORLANDO: And they never called you back? MS. DOMENICI: No, they have not. COUNCILMAN ORLANDO: I guess they are not that interested. MS. DOMENICI: But at any rate, in looking at their website, they show what properties are available in the Hamptons but nothing in Mattituck. So I was hopeful that I would get some type of information and would be able to share it with you. Inaudible. COUNCILMAN TALBOT: I love Sears. I do. I love, I was broken hearted when Sears left Riverhead. I like Sears. MS. DOMENICI: Inaudible. So we are taking the local hardware guy and we are going to have him compete with Sears. COUNCILMAN TALBOT: Well, not for nothing but is he an Ace hardware or something? MS. DOMENICI: Inaudible. COUNCILMAN TALBOT: Right. Right. But I mean they are a franchisee of.... April 20, 2010 Page 41 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Those aren't franchises, they are consortiums which we can explain in a minute. But just so you know, the Sears, first of all 6,000 to 9,000, people said where would you put that in Mattituck? 6,000 to 9,000 isn't that hard to situate in Mattituck. Actually there is 10,000 square feet available, yet to be built which will be the new Hudson City Savings bank. It is a site plan that has been approved and construction is under way already. Where the old beverage center was. Of course, the benefits there is the cleaned up inventory a great deal. They are investing in existing inventory and that is a great thing to see but he is marketing about 10,000 square feet of retail space from that site. My concern is not necessarily about the competition with hardware stores, first of all, Sears competes with lots of different businesses and you know, the problem is at the end of the day, sometimes if you are going to protect small business, you have to lean a little bit on property rights. You can't be absolute in your support of property fights and absolute in your support of local business because those two will contradict each other sooner or later. We saw that with the CVS in Southold, that Joe Lizewski, the late Joe Lizewski led the drive to stop because he saw its impact on small business. The unfair, I am not against competition but the unfair trading and the purchasing power of a Sears in a place like Mattituck, I went to the Chamber of Commerce last night and spoke at length about the corridor study. We are bringing a lot of focus, bringing a great deal, I know the commitment of course in everybody to focus on Mattituck now. Over the next few months we are going to be developing a corridor study and I think we have a lot of good ideas on the table for that community. MS. DOMENICI: Inaudible. .SUPERVISOR RUSSELL: You have Bill. He lives in Mattituck. COUNCILMAN RULAND: Waldbaum's hasn't been there forever, the tea company was there before that. COUNCILMAN TALBOT: Yes, A&P used to be where the Handy Pantry is now. MS. DOMENICI: Inaudible. COUNCILMAN TALBOT: I think it is already stopping with the corridor study, I like Sears but I don't agree that Sears needs to be in Mattituck, by any means. And I, that is probably why they show that Southampton or the Hamptons over there because of the population. But I think we are working towards a good solution for Mattituck, the comers up there has already been cleaned up by CVS, it looks fantastic. So if we continue doing the things that we are intending on doing now, I think we are going to find out that in a year or so Mattituck is going to look fantastic. If we get everybody else to cooperate along with it. MS. DOMENICI: Inaudible. COUNCILMAN KRUPSKI: You are right. Once it is gone, you are not going to get it back. It is going to look like Queens unless you do something. No, absolutely, we are taking the steps .... SUPERVISOR RUSSELL: This Board, as a unit, all six members have made a substantial April 20, 2010 Page 42 Southold Town Board Meeting Minutes commitment toward addressing the issues of Mattituck over the next few months. Transportation component to our corridor study that is going to relieve as best we can the impacts of business on those side residential developed areas. We are going to look at zoning, we are looking at coming up with new zoning uses that are more creative and that maybe don't surrender rights but just channel rights in a direction that we want to see. We are looking at those, again, they have all, everybody here has made a commitment to that and I think you are going to see a lot of good things over the next few months for Mattituck. MS. DOMENICI: Inaudible. COUNCILMAN KRUPSKI: Oh, come on. MS. DOMENICI: Inaudible. SUPERVISOR RUSSELL: I echo Chris' sentiment, I love Sears as a store but you know what? I like a lot of stores, I don't want them in Mattituck. MS. DOMENICI: Inaudible. COUNCILMAN KRUPSKI: We are doing everything we can. We have had many discussions about chains, whether it is fast foods or any kind of franchises and there is constitutional issues and there is, we did pass the big box law and .... SUPERVISOR RUSSELL: We have box store legislation .... MS. DOMENICI: Inaudible. SUPERVISOR RUSSELL: There are two thresholds, 6,000 and 8,000 square feet but either would require an economic impact of the community. That is a daunting task and it all, that box store legislation defined design standards that franchises don't like to see. You know, obscuring the signage, no lit signs, anything like that. MS. DOMENICI: Inaudible. SUPERVISOR RUSSELL: That zoning isn't appropriate for that. The zoning there is industrial and no retail of any kind is allowed in either of the industrial zones. We have two industrial zones in Southold Town, industrial, what is it called? Limited industrial and industrial. They are both basically the same zoning, it is about lot size, bulk schedule requirements. That is an industrial zone, it wouldn't be permitted at that site. COUNCILMAN KRUPSKI: But it is complicated, there are so many parcels, over 200 parcels and you have to look at the zoning of each parcel and then we are going to get recommendations on how, you know, a zone change would affect each parcel, how it would affect the whole area and maybe there won't be any recommendations because it might be worse but unless we look, we won't know. April 20, 2010 Page 43 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Let me just point out, one of the things we are not going to do is assume that we only have the same tired menu of 8 items. If you look at our zoning, it is all the same. Business is the same, industrial is the same, they are just basically hamlet business, limited business, general business, they are all about lot size. Bulk schedule requirements but they are all the same uses. We don't have to select from that same tired menu anymore. We can create a menu of uses, a menu of 20 items, 30 items that allows for investment, that allows for prosperity but that doesn't take that investment in a direction that none of us want to see. And that is what this whole corridor study is about and hopefully will develop as a template for the other hamlet centers. MS. DOMENICI: Inaudible. SUPERVISOR RUSSELL: We sent letters that got unanswered, I got your email today. I am calling Kevin Matthei personally tomorrow to find out what is taking so long to get those signs down. MS. DOMENICI: Inaudible. COUNCILMAN KRUPSKI: I actually, I didn't get, as liaison to the Land Preservation Committee over the years every year have gotten a new tax map book and since it costs the town $100 for each book, I declined to take mine and the last couple of years to try to do, you know, anything that I could and I have yet to get a hold of one. So I will get a hold of one and check those pamels. MS. DOMENICI: Inaudible. SUPERVISOR RUSSELL: We expect to have, Martin has been drafting for several months, he has met with Board members individually because everybody has their own concerns. I believe we are at rough draft now. we should have something presented in the next two to four weeks. Thank you, Made. MS. HANDS: Venetia Hands. I just wanted to say thank you and to everybody else for your brave stand. I also want to do know what you do when we are not here. Do you ever find yourselves talking to an empty room? COUNCILMAN TALBOT: When we are lucky. SUPERVISOR RUSSELL: When we are lucky. MS. HANDS: Well, you do have Benja here. COUNCILMAN ORLANDO: Right. Benja keeps us company. MS. HANDS: But what I wanted to ask Scott, was is there anything you can tell us or do to help April 20, 2010 Page 44 Southold Town Board Meeting Minutes us as with regards to stimulus funds and ask the SCWA? SUPERVISOR RUSSELL: The Town Board has voted against amending the map tonight. Every elected official from federal on down to county will know tomorrow morning and have a copy of the vote of the Board and the language that we spoke tonight with regard to this particular application. Everyone will know that. COUNCILMAN KRUPSKI: You know, your federal representative should be sensitive to the needs of the community. SUPERVISOR RUSSELL: He has been very attentive to the issue here and he will know tomorrow, with crystal clear language, where the Town Board stands. MS. HANDS: Okay, so you rejecting the amendment effectively tells them .... SUPERVISOR RUSSELL: Yes. MS. HANDS: Thank you. BENJA SCHWARTZ: Good evening, Benja Schwartz, Cutchogue. I don't want to be too long because I got to get up early. I have to drive someone out to Smithtown to go to Sears. Although I liked having a Sears in Riverhead, too, I don't want one in Mattituck and I thank you for your words about Mattituck and thank you for your vote tonight but I would like to clarify that it is not just because there is a lot of people here that say they don't want the pipeline. The pipeline does not fit in with the comprehensive planning that has been done. Of course we are in the middle of a revision of that and I am a little surprised that I didn't hear more tonight about how that would affect this issue. Because I think that should be (inaudible) and I would encourage everybody to get involved. People who are here only for their own interests, you know, there are businesses that do that but govemment is about the public interest and if you don't like it, if you want to connect to public water, I don't call that clean water. You want public water, there are places you can go to get that. Smithtown or someplace. But I am, you know, not saying that everybody has to leave Southold, if you want to stay here, let's keep it rural. And please, join with everybody working on the comprehensive plan. Inaudible. COUNCILMAN KRUPSKI: Actually, we did note on the comprehensive plan, we did get an appeal from the Planning Director today to hire a summer intern just to help with some of the kind of mechanical, in house work that is taking stafftime up and we all agreed to try to find the money to support that; to move the comprehensive plan forward. SUPERVISOR RUSSELL: And the fact that we, that's underway was one of the considerations that we put on the table when we discussed the amendments to the water map to Orient. There were several, the lack of meaningful SEQRA or environmental review. All of those issues led to us to conclude that we have no choice but to vote no at this time. MR. SCHWARTZ: Okay. But at this time, you know, at this time, that is tonight. April 20, 2010 Page 45 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: That is right. MR. SCHWARTZ: I am hoping that I will be here for a little longer. SUPERVISOR RUSSELL: It was a specific request, a specific application and we voted it down. We are going to defend that. MR. SCHWARTZ: Inaudible. I think there is a lot of problems with the existing infrastructure .... SUPERVISOR RUSSELL: That is why the comp plan is underway. I agree. MR. SCHWARTZ: So hopefully they will address that. Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? COUNCILMAN RULAND: Yes, I would. I rarely say anything. Two things. One, many people say, especially over time, how can you sit through those public hearings and how can you listen to all those people and all their opinions and the fact of the matter is, that is the reason that we have the hearing. Whatever it is. We had a hearing this evening about the purchase of development rights, whether two weeks ago we had the hearing on this proposed water main extension and we have had hearings and we will continue to have them on a whole host of issues which will be attended by a whole host of people. Maybe sometimes it is not a very controversial topic and a few people will come and make their comments or it will be very controversial and many people come and make their comments. But the fact of the matter is, at the end of the day, I feel we would be remiss if we did not have the hearing and not go into it with an open mind. I mean, we can all have our personal opinions and I am sure you ladies know my personal opinion, I have expressed it to you. But the fact of the matter is, the hearing of the facts or purported facts whatever you want to call them, still is important. At least it is to me. It is important. And at the end of the day, when you make your decision, you can go home and say I listened to 100 people speak and overwhelmingly, these people spoke in this direction. And conversely, I listened to three people speak and they all spoke the same way but no one else came. Well, okay, I can judge that and then make my decision. And I think that as we go forward, I don't think that community residents, town, however you want to put it, in its entirety, should ever have the feeling that any public hearing is just a matter of formality because it is not for me because I am very interested ih what everyone has to say. That is part of the foundation of our country which when we look around us, that seems to be somewhat eroding at some times. The other issue is totally unconnected but it has to do with Sears. It could be anybody but it is an interesting name that is coming and there was an article I think recently in US News or one publication which deals with Sears which the question was asked, how did Kmart end up owning Sears? Alright, Sears was bankrupt and was going under. Kmart was bankrupt and was going under but Kmart held hundreds and hundreds of cheap leases for property. Sears were in the malls and everywhere paying big bucks on their leases, so alright, they came together and immediately you saw a certain selected line of Sears products in Kmart stores. Obviously. But April 20, 2010 Page 46 Southold Town Board Meeting Minutes very few of them were made into Sears stores because there are turf wars and there are the like. The health of both companies, if you read the financial advisors, is not good. It is just not good, alright? Now what does any company that is not doing well look to do? They look to expand to find ways, alright? But ifI were a person that was going to go and get a Sears franchise and the Riverhead store for all its years was a franchise store, it wasn't a company store, it was run by mom and pop people. The fact of the matter is, if you looked at the financials, you would say, wait a minute you know. I have to put up this upfront cost, take it all myself and then go out there when my parent company is, I don't know about that. Alright, so in the grand scheme of things, it looks to me like a rather shot in the dark type thing. Then you read on in the financials of a week ago and you see that Rite Aid corporation which has a presence in Mattituck alright, is on the rocks. And alright, you know, those of us that live in Mattituck for a long time kind of scratch our head and say you know, can a community this size, how can three drug stores survive. Alright? Well, in a capitalist society things happen like Rite Aid corporation which is in financial difficulty. No one knows really what will happen to that store which is a major in that plaza but prior to that it was a Grants department store at one time. And that had a presence in Mattituck just as Grants did in Riverhead. And the future will come and tell us things like this again and again and when our generation has passed on, there will be issues the same. And it comes back to, certainly Melanie's point about planning because she said it several times and Scott had said the same thing, as we look forward to plan on what we think the future has got to be, there is always going to be a curve thrown at us, there is no doubt about that because we cannot plan for every contingency but I think that reasonable people with reasonable minds will come up with a set of goals that as Scott said will look at things differently than the way they used to be. Because those industrial parcels that you talked about are a classic example of what they were and they fit in the village at the time because they employed people and they had a product to sell that was shipped all over the world. That is long since gone and now the space is there and it is not compatible with a whole lot of uses in that hamlet now, it certainly isn't. But there are uses that probably would be compatible that are excluded by the present zone. And if you look all down that railroad corridor, you will find more than one, will you not, Scott? SUPERVISOR RUSSELL: Absolutely. COUNCILMAN RULAND: So as we move forward and we look at them, it is prudent to say as we look at each one of these parcels, what do we see for that not only for today but for tomorrow and I mean in the sense of tomorrow 20, 30, 40 years from now. And I think that is our responsibility and that is my comment. SUPERVISOR RUSSELL: Thank you very much Bill. COUNCILMAN TALBOT: Scott, can I just say one thing? Aside from this stuff, we had gotten a letter recently to, I guess all the councilmen and Town Board members, it was to anybody who h. as central air conditioners in their house. LIPA, National Grid has a program going right now, if you have some old, older units you can upgrade to higher efficiency units where you could save yourself some electric and save usage off the grid I guess but they are giving rebates up to $700 to replace any air handlers, central air conditioning systems in your house, so if you are interested in that contact or go on the National Grid website and maybe you April 20, 2010 Page 47 Southold Town Board Meeting Minutes can save yourself some money. SUPERVISOR RUSSELL: Thank you Chris. UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: Well, we are actually going to be setting up community meetings probably look towards middle, end of May. And participate in those, bring people with you. Those are the types of meetings, you know, this isn't our plan, it is your plan. We are just sort of you know, sort of collating all the information. Look for those meetings, participate, with respect to the other issue, I might want to say that I don't know what our response is going to be but over the next few days I am not averse to rolling out the names of the board of directors of that authority and asking you to contact each of them and asking them to support the wishes of this Town Board. UNIDENTIFIED: Well, if we are all talking about future plans and getting on record, if anybody wants to know, Monday there is a group going from East Marion and Orient to attend the SCWA board meeting at 5:30 PM in Oakdale and then on Friday at 9:30 we are all going to Judge Costello's courtroom in Riverhead at One Court Street or Square, to see the lawsuit. The, you know, oral arguments for the lawsuit. And I understand that yesterday, a permit was posted on the causeway by SCWA, by New York State Department of Environmental Conservation for an SCWA. They identified it to me over the phone today that it is an SCWA permit. So I think we have many, 2015, yeah it was filed originally five years ago or ten years and March 5 of this year they .... SUPERVISOR RUSSELL: Permits are usually good for then years. UNIDENTIFIED: Right. So we would like to help you fend offthe various overtures o£SCWA and just call Group for the East End and make yourself a reservation on the bus or maybe many busses that are going to Oakdale on Monday. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Do you want to have the Board meeting at Poquatuck? COUNCILMAN TALBOT: I think, Supervisor Russell mentioned earlier about the traveling Town Board meetings. I think it is a great idea. Everybody on the Board did. We will come into your hometown and .... SUPERVISOR RUSSELL: We will be doing that over the next few months, again, a way to engage the public. Also we do, if you go to the website which in fact we are undertaking redoing the website as we speak but there is a link there that said Southold 2020, that is for the public input and that is actually a nice link. COUNCILMAN ORLANDO: Well, East Marion, when we had our meeting out there, they had April 20, 2010 Page 48 Southold Town Board Meeting Minutes nice coffee and homemade goods, so if want to ..... SUPERVISOR RUSSELL: I developed an oatmeal cookie dependence as a 'result of that meeting. I don't know who made those oatmeal cookies but....Can I get a motion to adjourn? Motion To: Adjoum Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 9:14 P.M. Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Kmpski Jr., Evans, Russell