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Home My WebLink AboutTB-05/04/2010ELIZABETH 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 MINUTES May 4, 2010 4:30 PM A Regular Meeting of the Southold Town Board Hall, 53095 Main Road, Southold, NY. Supervisor Russell the Pledge of Allegiance to the Flag. Call to Order 4:30 P~4 ~4eetin0 called to order on May 4, 2~tO at Meetir NY. I. Reports Revised Land Tracking Repor~ ;~ ~:~ Dpw II. C¢ III. 53095 Route 25, Southold, NYS NYS IV. Discussion 9:00 A.M. - Beth Motschenbacher, LI Pine Barrens 9:30 A.M. - Mark Terry 3. Mark Terry May 4, 2010 Page 2 Southold Town Board Meeting Minutes 4. Mark Terry 5. 10:00 A.M. - Chief Cochran 6. Request for Temporary Parking Permits 7. Guest Passes, Night Fishing 8. Support for Red Light Violation Camera Systems 9. 10:30 A.M. - Lighthouses 10. Request from Southold Town Fire Chiefs Council 11. Approval of Court Officers Recertification for Firearms Training 12. 11:10 A.M. - Amy Burns & Den 6 Weblos 13. Use of Laurel Lake Preserve for Anti-Bias Picnic 14. Update of Mattituck Sewer Study Feedback from Chamber 15. Local Law 16. 12:15 P.M.- Jim Bunchuck 17. 12:30 P.M. - Executive Session - Jim Bunchuck 18. Executive Session 19. Executive Session 20. Support for Placing Helen Keller House on Historic Landmarks Register 21. LI Deer Management Meeting 5/20 Opening Statements SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance to the Flag. Thank you. Before I get on to the business of the meeting, what I would like to do is recognize Town Clerk Elizabeth Neville. "Elizabeth A. Neville, Town Clerk of the Town of Southold has earned the designation of MMC which is awarded by the International Institute of Municipal Clerks. Then IMC grants designation only to those municipal clerks who complete demanding education requirements and who have a record of significant contributions to their local government, their community and their state." This is an award acknowledgement from the International Institute of Municipal Clerks. It is, the title correctly named, is Master Municipal Clerk. That was granted to her, I got the letter from the organization themselves. This Town Board, I know, wants to say congratulations to Betty and we are not the least bit surprised that she has earned yet another significant designation on behalf of the people of Southold Town. May 4, 2010 Page 3 Southold Town Board Meeting Minutes TOWN CLERK NEVILLE: Thank you, Mr. Supervisor and Board members for enabling me to go to the education and earn this designation and all past Board members, this is in the making for seven years. I went to Comell, so that this was the final destination. Thank you very much. Thank you all. SUPERVISOR RUSSELL: Would anybody like to address any of the items as they appear on the agenda? (No response) V. Resolutions 2010-333 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated May 4~ 2010. Vote Record - Resolution RES-2010-333 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [~ [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Voter [] , [] [] [] [] Supervisor's Appt Albert Krapski Jr. Seconder [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-334 CATEGOR~ 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 18, 2010 at the Southold Town Hall, Southold, New York at 4:30 P. M.. ~' V0ie ReCOrd. Resolut on RES-20}0-334 , [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Taibot Seconder [] El [] [] [] Supervisor's Appt A!bert ~PSk! Jr: Vgter [] [] [] [] [] Tax Receivex's Appt [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt May 4, 2010 Page 4 Southold Town Board Meeting Minutes Comment regarding resolution 334 JUSTICE EVANS: And that is, I think we have a few .... TOWN CLERK NEVILLE: It is because of grievance day. The Assessors need the meeting hall after. JUSTICE EVANS: So take notice, it is 4:30 not 7:30 2010-335 CATEGORY: DEPARTMENT: Employment - Town Accounting Acknowledge Intent to Retire - Thomas Crowley RESOLVED that the Town Board of the Town of Southold hereby acknoweldeges the intent to retire of Thomas A. Crowle.y from the position of Full Time Minibus Driver for the Human Resource Center, effective September 30, 2010. Vote Record -Resolution RE8-2010-335 [] 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 2010-336 CATEGORY: DEPARTMENT: Employment - Town Recreation Establish Seasonal Employee Salaries~Staff Permits Resolved that the Town Board of the Town of Southold establish the following seasonal employee salary schedule for 2010 summer employees of the recreation department as follows. Note: This is the same salary schedule as last year. All returning employees' salaries will remain the same as they were in 2009. As with all town employees, no raises will be given this year. STILLWATER LIFEGUARDS 1 st & 2nd year ................................................................ $12.17/hour 3rd year ..................................................................... $12.44/hour 4th year ..................................................................... $12.72/hour 5th year ..................................................................... $12.99/hour May 4, 2010 Page 5 Southold Town Board Meeting Minutes 6th year ..................................................................... $13.27/hour 7th year ..................................................................... $13.54/hour 8th year ..................................................................... $13.82/hour 9th year ..................................................................... $14.09/hour 10th year+ ..................................................................... $14.37/hour BEACH ATTENDANTS 1st & 2nd year ............................................................... $9.42/hour 3rd year ..................................................................... $9.58/hour 4th year ..................................................................... $9.75/hour 5th year ..................................................................... $9.91/hour 6th year ..................................................................... $10.08/hour 7th year ..................................................................... $10.24/hour 8th year ..................................................................... $10.42/hour 9th year ..................................................................... $10.60/hour 10th year+ ..................................................................... $10.78/hour RECREATION SPECIALISTS (WATER SAFETY INSTRUCTORS) 1 st & 2na year ............................................................... $16.57/hour 3rd year ..................................................................... $16.82/hour 4th year ..................................................................... $17.07/hour 5th year ..................................................................... $17.32/hour 6th year ..................................................................... $17.57/hour 7th year ..................................................................... $17.82/hour 8th year ..................................................................... $18.07/hour 9th year ..................................................................... $18.32/hour 10th year+ ..................................................................... $18.57/hour BEACH MANAGERS 1st & 2nd year ............................................................... $13.54/hour 3rd year ..................................................................... $13.84/hour 4th year ..................................................................... $14.14/hour 5th year ..................................................................... $14.44/hour 6th year ..................................................................... $14.74/hour 7th year ..................................................................... $15.04/hour 8th year ..................................................................... $15.34/hour 9th year ..................................................................... $15.64/hour 10th year+ ..................................................................... $15.94/hour RECREATION AIDES (PLAYGROUND INSTRUCTORS) 1st & 2nd year ............................................................... $11.34/hour 3rd year ..................................................................... $11.59/hour 4th year ..................................................................... $11.84/hour 5th year ..................................................................... $12.09/hour 6th year ..................................................................... $12.34/hour May 4, 2010 Page 6 Southold Town Board Meeting Minutes 7th year ..................................................................... $12.59/hour 8th year ..................................................................... $12.84/hour 9th year ..................................................................... $13.09/hour 10th year+ ..................................................................... $13.34/hour LIFEGUARD TRAINER 1st & 2nd year ................................................................ $15.74/hour 3rd year ..................................................................... $15.99/hour 4th year ..................................................................... $16.24/hour 5th year ..................................................................... $16.49/hour 6th year ..................................................................... $16.74/hour 7th year ..................................................................... $16.99/hour 8th year ..................................................................... $17.24/hour 9th year ..................................................................... $17.49/hour 10th year+ ..................................................................... $17.74/hour Resolved that the Town Board of the Town of Southold authorize the issuance of free beach parking permits to the following employees: Water Safety Instructors, Beach Attendants, Lifeguards, Lifeguard Trainer, Beach Managers, and Recreation Supervisor Ken Reeves. Vote Record- Resolution RES-2010-336 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn gl [] [] [] Christopher Talbot Voter [] Supervisor's Appt [] Tax Receivers Appt Albert Krupski #: Seconder gl [] [] [] [] Rescinded Louisa P. Evans Voter gl [] [] [] [] Town Clerk's Appt Scott Russell Voter gl [] [] [] [] Supt Hgw'/s Appt 2010-337 CA TEGOR Y: DEPARTMENT: Committee Appointment Town Clerk Accept the Resignation of Michael Kurz, Appoint Greg Dickerson RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Michael Kurz from the Southold Town Police Advisory Committee effective immediately, and be it further RESOLVED that the Town Board of the Town of Southold hereby appoints Greg Dickerson to fill the vacancy, effective immediately through March 31, 2012. May 4, 2010 Page 7 Southold Town Board Meeting Minutes [] Adopted I~ Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled ~inaeni ~iando ~oier ~ FI F1 FI [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt A!b~ ~Psk! J[: [n!t!gt0r [] [] FI FI [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter ~ [] [] [] [] Supt Hgwys Appt 2010-338 CATEGOR~ DEPARTMEN~ Employment - FIFD Accounting Appoint Leroy E Ward III Part-Time Deck Hand WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their April 20, 2010 monthly meeting to hire as a part time, year round deckhand Leroy E. Ward III, of Chester, CT effective May 6, 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 Lero.y E. Ward III, of Chester, CT, to the position of a part time, year round deckhand for the Fishers Island Ferry District, effective May 6, 2010 at a rate of $9.50 per hour. Vote ReCOrd - Resolution RES-2010.338 [] Adopted [] Adopted as Amended Yes/Aye : No/Nay Abstain Absent [] Defeated William Ruland Voter [] : [] F1 [] [] Tabled Vincent 0rland~ Voier [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt A!b~ Krup~ Jr, yoter El [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scotl Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-339 CATEGOR~ DEPARTMEN~ Grants Community Development 2010 Juvenile Aid Bureau Grant RESOLVED that the Town Board of the Town of Southold hereby authorize and directs Supervisor Scott A. Russell to sign the Individual Program Application for the 2010 Southold Juvenile Aid Bureau Program~ in the amount of $21,471 for the term January 1, · 2010 through December 31, 2010. May 4, 2010 Page 8 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended yes/Ay~ Np/Nay Ab~ain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando ; Voter [] [] [] [] [] W ar wn [] Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr, Voter [] , [3 [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-340 CATEGORY: DEPARTMENT: Grants Fishers Island Fen'y District Grant for Elizabeth Field Airport RESOLVED that the Town Board of the Town of Southold hereby approves the resolution submitted by the Fishers Island Board of Commissioners dated April 20, 2010, authorizing the acceptance of a matching grant from the New York State Department of Transportation (NYSDOT) for runway improvements at Elizabeth Field Airport and avDrovine the Drovosed vroiect. Vote Record - Resolution RES-2010-340 ......... [] 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 Albert Krupski Jr. Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-341 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Recreation Hire Spring/Summer 2010 Recreation Program Instructors Resolved that the Town Board of the Town of Southold authorizes and directs Supervisor Scott A. Russell to execute an agreement with the following individuals and businesses for the spring/summer 2010 recreation programs, all in accordance with the approval of the Town Attorney. Funding for the instructors listed below has been budgeted for in the Recreation Department's 2010 instructor line A7020.4.500.420. Lynda Agrusso (guitar) ............................................ $30/hour Lisa Baglivi (watercolor) ......................................... $30/hour May 4, 2010 Page 9 Southold Town Board Meeting Minutes Eugenia Cherouski (folk dancing) ......................................... $30/hour Jim Christy (country line dancing) .............................. $30/hour Paula Croteau (cooking & baking) .............................$30/hour Lenora Dome (belly dancing) ................................................ $30/hour Mattha Eagle (Aerobics & Pilates) ........................................ $30/hour East End Insurance Services (Defensive Driving) ................. $30/person Denise Gillies (Tai Chi) .......................................... $30/hour Rosemary Martilotta (yoga) ................................................... $55/class Judy McCleery (digital photography) ............................ $30/hour Tom McGunnigle (golf) ............................................ $50/person Theresa Pressler (youth programs) .............................. $30/hour Chelsea Quinn (spring tennis) .................................. $30/hour Elizabeth Sehaeffier (stained glass) ............................. $30/hour Steve Smith (weight training) ................................................ $30/hour Barbara Terranova (summer tennis) ...................................... $30/class Touch Dancing Studios (ballroom dance) ............................. $65/person [] Adopted [] Adopted as Amended [] Defeat~ William Ruled Vot~ ~ Tabl~ Vine~t Orlando Mitiator ~ Withdm~ ~ C~stoph~ Taint Voter ~ Sup~isor's Appt ~ Tax Receiv~'s Appt AIbe~ ~pski Jr. S~onder ~ RescMded ~uisa P. Evans Vot~ ~ To~ Cl~k's Appt Scott Russell Vot~ ~ Supt Hgwys Appt 2010-342 CATEGORY: DEPARTMENT: Refund Human Resource Center Refund-Katinka House RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund be issued to Agnes Combs~ 6526 Indian Neck Lane~ Peconic~ NY 11958~ in the amount of $250.00 for Adult Day Care Services that were not utilized due to medical issues. ~ Yore Re,rd; Resolation RESt20 I0~342 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Seconder F~ [] D [] [] Withdrawn Christopher Talbot Voter ' [] [] [] [] [] Supervisor's Appt 5!bert Krupski jr. i~it!at0r [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] FI [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] Fl [] Supt Hgwys Appt May 4, 2010 Page 10 Southold Town Board Meeting Minutes 2010-343 CA TEGOR Y: DEPARTMENT: Attend Seminar Data Processing Annual L1/NYC Emergency Management Conference. the Focus This Year Will be the Management of Natural Disasters, Terrorist Attacks and Planning for Pandemic Disasters. RESOLVED that the Town Board of the Town of Southold hereby grants permission to Chief Cochran and Lloyd Reisenberg to attend a seminar on Emergency Management in Melviile~ NY ~ on June 2na and 3ra ~ 2010. All expenses for registration, travel to be a legal charge to the 2010 Emergency Management Office budget (meetings and seminars). [] Adopted [] Adopted as Amended Yes/AYe No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Sup~rvisor's Appt A!b~ ~psk! Jr, Voter ~ [] ~ ~ [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-344 CATEGOR~ DEPARTMENT: Employment - Town Accounting Hire Three Pumpout Boat Operators RESOLVED that the Town Board of the Town of Southold hereby appoints David Comando, Andrew P. Candela and Robert A. Goodale~ each to the seasonal position of Pumpout Boat Operator for the Trustees, effective May 21, 2010 through October 12, 2010, at a rate of $16.00 per hour. Vote Reeord- ReSolution RES-20t0-344 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot b~itiator [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-345 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney May 4, 2010 Page 11 Southold Town Board Meeting Minutes Authorizes and Directs Supervisor Scott A. Russell to Execute an Agreement with the County of Suffolk for the 2010 STOP-DWI Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement with the CounW. of Suffolk for the 2010 STOP-DWI Program in an amount not to exceed $19,000.00, for the term January 1, 2010 through December 31, 2010, subject to the approval of the Town Attorney. Vote R~ord - Resolution RE8-2010-345 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Initiator ~1 [] [] [] [] Tabled Vincent Orlando Seconder [] [3 [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albe~t Krupski Jr. Voter [] [] [] [3 [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter ~ [] [] [] [] Supt Hgwys Appt 2010-346 CATEGORY: Fmla DEPARTMENT: Accounting Grant FMLA Leave to a Town Employee WHEREAS Employee #7125 has been out of work due to non-work related illness since April 7, 2010, and WHEREAS the Town Board of the Town of Southold is required to comply with the Family Medical Leave Act (FMLA) and the Town's collective bargaining agreement with the CSEA, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby grants an FMLA leave of absence for up to 12 weeks to Employee #7125 effective April 7, 2010. [] Withdrawn Christopher Ta!bot Voter [] [] [] [] [] Supervisor's Appt Albert Krupski Ir. Seconder ~ ut [] [] [] Supt Hgwys Appt 2010-347 CATEGORY: Employment - Town May 4, 2010 Page 12 Southold Town Board Meeting Minutes DEPARTMENT: Police Dept Hire Traffic Control Officers - Police Department RESOLVED that the Town Board of the Town of Southold hereby appoints the following to the position of Traffic Control Officer for the Southold Town Police Department, effective May 17, 2010 through September 19, 2010 at a rate of $15.22 per hour: Jacob Bogden James Crosser Ashley Sawicki Jayson Sheryll Vote R~ord - Re~olution RE8-2010-347 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled [] [] [] [] Vincent Orlando Voter [] Withdrawn Christopher Talbot Voter [] [] [] [] D Supervisor's Appt ~ [] [] [] D Tax Receiver's Appt Albert Krupski Jr. Initiator [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-348 CATEGORY: DEPARTMENT: Employment - Town Police Dept Hire Seasonal Police Office- Daniel A. Blados' RESOLVED that the Town Board of the Town of Southold hereby appoints the following to the position of Seasonal Police Officer for the Southold Town Police Department, effective May 17, 2010 through September 19, 2010, at a rate of $19.24 per hour: Daniel A. Blados John Crosser Robert Haase, Jr. Vote Record ~ Resoiution nES~20!0~34S [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter g D D D [] Withdrawn ~bri~iopb~ Tai~i Seconder 0 0 D ~ [] Supervisor's Appt A!be~ ~PSki Jr; Voter [] D: [] [] O Tax Receiver's Appt [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-349 CATEGORY: Home Rule Request May 4, 2010 Page 13 Southold Town Board Meeting Minutes DEPARTMENT: Town Clerk Request Enactment of Senate Bill No. S. 7503 and Assembly Bill No. A.10718 Entitled "An Act to Amend Chapter 246 of the Laws of 1916 Relating to the Extermination of Mosquitoes and the Establishment of Districts Therefore, in Relation to Authorization of the Amount of the Annual Appropriation by the Town of Southold for the Orient Mosquito District WHEREAS, a bill has been introduced in the State Legislature as Senate Bill S.7503 and Assembly Bill A.10718 and WHEREAS, subject to a permissive referendum, this bill would increase form $80,000 to $120, 000 the maximum annual budget appropriation that the Town of Southold, County of Suffolk, may make to the Orient Mosquito District; now, therefore, be it RESOLVED that pursuant to Article IX of the Constitution, the Town Board of the Town of Southold requests the enactment of Senate Bill No. S.7503 and Assembly Bill No. A.10718 entitled "An act to amend Chapter 246 of the laws of 1916 relating to the extermination of mosquitoes and the establishment of districts therefore~ in relation to authorization of the amount of the annual appropriation by the town of Southold for the Orient Mosquito District". Vote Record - Re~olutlon RES-2010=349 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Cluistopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-350 CATEGORY: Bond DEPARTMENT: Town Clerk Amend FI Road Improvement Bond RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED MAY 4, 2010, AMENDING THE BOND RESOLUTION ADOPTED MARCH 9, 2010 Recitals WHEREAS, the Town Board of the Town of Southold, in the County of Suffolk, New York, has heretofore duly authorized the construction of improvements to various roads on Fishers Island, including related drainage improvements, at the estimated maximum cost of $500,000; and WHEREAS, the estimated total cost thereof, including preliminary costs and May 4, 2010 Southold Town Board Meeting Minutes Page 14 costs incidental thereto and the financing thereof, as stated in the bond resolution adopted by the Town Board on March 9, 2010, was $500,000; and WHEREAS, it has now been determined that the estimated cost of such project shall be $1,400,000, and it is in the public interest to increase the appropriation therefor by $900,000; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by favorable vote of not less than two-thirds of all members of said Town Board) AS FOLLOWS: Section (A) The Bond Resolution of the Town of Southold adopted by the Town Board on March 9, 2010, entitled: "Bond Resolution of the Town of Southold, New York, adopted March 9, 2010, authorizing the construction of improvements to various roads on Fishers Island, including related drainage improvements, stating the estimated maximum cost thereof is $500,000, appropriating said amount for such purpose, and authorizing the issuance of $500,000 serial bonds of said Town to finance said appropriation," is hereby amended to read as follows: BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED MARCH 9, 2010 AND AMENDED MAY 4, 2010, AUTHORIZING THE CONSTRUCTION OF IMPROVEMENTS TO VARIOUS ROADS ON FISHERS ISLAND, INCLUDING RELATED DRAINAGE IMPROVEMENTS, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $1,400,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF $1,400,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to construct improvements to various roads on Fishers Island, including related drainage improvements. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $1,400,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of $1,400,000 serial bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $1,400,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting May4, 2010 Page 15 Southold Town Board Meeting .Minutes Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 20 (c) of the Law, is fifteen (15) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. (d) The Town Board of the Town, acting in the role of Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act ("SEQRA"), has heretofore determined that the said specific object or purpose hereinabove described in Section 1 is a Type II Action as defined in said Act and the Regulations promulgated thereunder and no further review is required. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and Section 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to the execution of agreements for credit enhancements, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the May 4, 2010 Page 16 Southold Town Board Meeting Minutes Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to cause to be published in "The Suffolk Times," a newspaper having a general circulation within said Town and hereby designated the official newspaper of the Town for such publication and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the following form: TOWN OF SOUTHOLD, NEW YORK PLEASE TAKE NOTICE that on May 4, 2010, the Town Board of the of Town of Southold, in the County of Suffolk, New York, adopted a resolution amending the bond resolution adopted by said Town Board on March 9, 2010, which bond resolution, as amended, is entitled: "Bond Resolution of the Town of Southold, New York, adopted March 9, 2010 and amended May 4, 2010, authorizing the construction of improvements to various roads on Fishers Island, including related drainage improvements, stating the estimated maximum cost thereof is $1,400,000, appropriating said amount for such purpose, and authorizing the issuance of $1,400,000 serial bonds of said Town to finance said appropriation," an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING said Town to construct improvements to various roads on Fishers Island, including related drainage improvements; STATING the estimated maximum cost thereof, including preliminary costs, and costs incidental thereto and the financing thereof, is $1,400,000; APPROPRIATING said amount for such purpose; and STATING the plan of financing includes the issuance of $1,400,000 serial bonds of the Town to finance said appropriation, and the levy of a tax upon all the taxable real property within the Town to pay the principal of said bonds and interest thereon; SECOND: AUTHORIZING the issuance of $1,400,000 serial bonds of the Town pursuant to the Local Finance Law of the State of New York to finance said appropriation; THIRD: DETERMINiNG and STATING that the period of probable usefulness May4, 2010 Page 17 Southold Town Board Meeting Minutes applicable to the purpose for which said serial bonds are authorized to be issued is fifteen (15) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purpose for which said bonds are authorized; and the proposed maturity of said $1,400,000 serial bonds will exceed five (5) years; and STATING that the Town Board, as Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act ("SEQRA"), has determined that the specific object or purpose hereinabove described is a Type II Action and no further review is required; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SIXTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: May 4, 2010 Elizabeth A. Neville Town Clerk Section (B) The amendment of the bond resolution set forth in Section (A) of this resolution shall in no way affect the validity of the liabilities incurred, obligations issued, or action taken pursuant to said bond resolution, and all such liabilities incurred, obligations issued, or action taken shall be deemed to have been incurred, issued or taken pursuant to said bond resolution, as so amended. Section (C) Said bond resolution, as amended, is subject to a permissive referendum. In the event that a valid petition protesting against said amended bond resolution and requesting that it be submitted to the electors of said Town for their approval or disapproval is filed and the Proposition submitted therefor is defeated, the validity of the bond resolution adopted March 9, 2010, shall not be in any way affected and shall remain in full force and effect. Section (D) After said bond resolution, as amended, shall take effect, the Town Clerk is hereby authorized and directed to cause said bond resolution, as amended, to be published, in summary, in substantially the form set forth in Exhibit A attached hereto and made a part hereof, in "The Suffolk Times," hereby designated the official newspaper for said publication, together with a Notice in substantially the form as prescribed by Section 81.00 of the Local Finance Law of the State of New York. May 4, 2010 Page 18 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended ~s/~ye No/Nay Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [3 [] [] Withdrawn ~ FI [3 0 Christophe~ T~lbot Voter [] Supervisors Appt Albert Krupski Jr. Seconder (~ [] [] [] [] Tax Receiver's Appt [] Reseinde~ Louisa P. Evam Voter [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-351 CATEGORY: DEPARTMENT: Budget Modification Solid Waste Management District SWMD Budget Mod Fiscal Impact: Modification will cover immediate need for hammer tips and bolts, as well as expected routine parts requirements for grinder until Fall cleanup. Town bag expenses projected to come tn lower than projected. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 Solid Waste Management District budget as follows: From: SR 8160.4.100.650 (Town Garbage Bags): $ 4,000 To: SR 8160.4.100.596 (Maint/Supply CBI Grinder): $ 4,000 '~' Vote Re~ord - Resolution RES-2010-35! 1~ Adopted [3 Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter I~ [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albefl Kmpski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-352 CATEGORY: DEPARTMENT: Attend Seminar Town Clerk Grant Permission to Court Officer Donald Sileo to Attend an Annual Recertification for Firearm Training May4, 2010 Page 19 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby grants permission to Court Officer Donald Sileo to attend an annual recertification for firearm training~ on Saturday~ May 12~ 2010 at the Suffolk County Sheriff's Firearms Range in Westhampton~ New York. All expenses for training to be a legal charge to the Justices 2010 budget. ~' Vot~ Record- R~solution RES,2010-352 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Initiator [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-353 CA TEGOR Y: Attend Seminar DEPARTMENT: Town Clerk 2010 IIMC Annual Conference RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town Clerk Elizabeth Neville to attend the 2010 Annual Conference of the IIMC International Institute of Municipal Clerks Association in Reno~ Nevada, on May 21-28~ 2010. All expenses for registration, travel to be a legal charge to the 2010 Whole Town Clerk budget A.1410.4.600.200 & 300 (meetings and seminars). Vote Record -ReS01ut on RES-2010-353 [] Adopted [] Adopted as Asnended yes/Ay~ No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] : [] [] [] with~ ~s~ T~!~ ~on~ ~ ~ ~ ~ [] Supervisor's Appt [] ' Tax Receiver's Appt A[~ ~p~k! Jr: ~p~er ~ ~ D [] E] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] To'~n Cleck's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 23. Comment regarding resolution 353 JUSTICE EVANS~ .! ~hip~ th!s is ticdt° the recognition that she just got. 2010-354 CATEGORY: DEPARTMENT: Support/Non-Support Resolution Town Clerk Support Extended Producer Responsibility Legis WHEREAS, historically the responsibility and financial burden for managing consumer May 4, 2010 Page 20 Southold Town Board Meeting Minutes electronic wastes has fallen to local solid waste management programs that have little ability to effect changes in the manufacturer's selection of product design, materials and packaging, and WHEREAS, the Town of Southold wishes to express its support for New York State's enactment of a user friendly and convenient Extended Producer Responsibility ("EPR") based consumer electronic waste collection program through State legislation, and WHEREAS, New York State Assembly Bill A.9049 and New York State Senate Bill S.6047 present such an approach to managing our consumer electronic waste, as recommended by the New York Product Stewardship Council, Now therefor be it RESOLVED that the Town Board of the Town of Southold urges the New York State Legislature to adopt Extended Producer Responsibility legislation for consumer electronic waste recycling and management, such as Assembly Bill A.9049 and Senate Bill S.6047, and does further urge our Officials as well as the public to support the enactment of State wide legislation requiting Extended Producer Responsibility for consumer electronic waste; and be it further RESOLVED, the Town Clerk of the Town of Southold is author/zed and directed to forward a copy of this Resolution to all local State legislative representatives as well as the Governor of New York State. This Resolution shall take place immediately. Vote Record - Resolution RE8-2010-354 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [3 [] [] Supervisor's Appt Albert Krupski Jr. Voter [] [] [] 13 [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Sco~ Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-355 cA TEGOR Y: DEPARTMENT: Authorize to Bid Engineering Authorize and Direct the Town Clerk to Advertise for Bids for the Fishers Island Road & Stormwater Improvement Project RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the Fishers Island Road & Storm Water Improvement Proiect~ in accordance with the plans and specifications prepared by Cashin Associates, and be it FURTHER RESOLVED that the notice shall be advertised in the Suffolk Times and The Day. May 4, 2010 Page 21 Southold Town Board Meeting Minutes R~ord - R~solutioa R~-2010-355 : Adopt~ Adopt~ as ~d~ Ye~Aye No~ay Abstain Absent ~f~t~ Willi~ Ruled ~itiator ~ ~ ~ ~ Tabl~ Wi~ Vinc~t ~l~do S~ond~ ~ ~ ~ ~ C~stoph~ Talbot Vot~ ~ ~ D ~ Sup~i~s Appt Alb~ ~pski Jr. Vot~ ~ ~ ~ ~ Tax R~fiv~'s Appt R~c~d~ ~uisa P. Eves Vot~ ~ ~ ~ ~ To~ Cl~k's Appt Sco~ Russell Vot~ ~ ~ ~ ~ Supt Hg~s Appt 2010-356 CATEGORY: DEPARTMENT: Bid Acceptance Solid Waste Management District Accept Bid of Cornwall Coal for Bagging System from SWD RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Cornwall Coal Sales~ LLC (P O Box 465~ Cornwall~ NY 12518) in the mount of $45~001 for the purchase of the JEMS Model MCR600 Bagging System from the Southold Town Solid Waste District~ all in accordance with the review and approval of the Town Attorney. 2010-357 CATEGORY: DEPARTMENT: Grants Planning Board Goldsmiths Waterwash RESOLVED that the Town Board of the Town of Southold hereby authorizes The Group for the East End and Lillian Ball Design Studio to prepare and submit a Long Island Sound Futures Fund grant application for the design and construction of a storrnwater retention wetland system on SCTM# 1000-68-2-3 entitled "Goldsmith Waterwash XM Stormwater Remediation and Outreach", subject to the terms and conditions set forth by the Town of Southold Town Board, and be it further, RESOLVED that the Town Board of the Town of Southold hereby authorizes Planning Board staff to commit 40 hours to work with Group for the East End and Lillian Ball Design Studio as match to solicit and implement such grant (if awarded). May 4, 2010 Page 22 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [][] WithdmWnsupervisor,s Appt Clms~0pher Talbot V0~gr El [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter El ~ Q [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 28. Conunents regarding resolution 357 JUSTICE EVANS: Can we have a little discussion? COUNCILMAN KRUPSKI: Sure. JUSTICE EVANS: I thought that the Planning Board work was not going to be part of the match but we were looking to get reimbursed for that time. COUNCILMAN KRUPSKI: I think that is how you would, I think that's .... JUSTICE EVANS: No, she talked about reimbursing actual cash back .... SUPERVISOR RUSSELL: We had agreed to have hours committed for Mark Terry to serve as part of the match. COUNCILMAN KRUPSKI: Then we would be reimbursed. SUPERVISOR RUSSELL: And it says Planning Board but that is because he is an employee of the Planning Department. COUNCILMAN KRUPSKI: I think he is the point man on that. JUSTICE EVANS: Then it is, his hours are part of what she is asking for, for reimbursement so it wouldn't be part of the match. COUNCILMAN ORLANDO: That is what she said. He wouldn't cost them money, the town would actually make money because we would get Mark's hourly salary reimbursed. SUPERVISOR RUSSELL: Yes, but you need to put the money up to get the money back. And this is putting 40 hours of his income, earned income up to get that back in match. It reads correctly. 2010-358 CATEGORY: DEPARTMENT: Grants Planning Board May 4, 2010 Page 23 Southold Town Board Meeting Minutes Authorizes Planning Board Staff to Apply for the Long Island Sound Futures Fund Grant in the Amount of $2OO, OOO. OO for the Project Known as "Lake Mobil" on Fishers Island RESOLVED that the Town Board of the Town of Southold hereby authorizes Planning Board staff to apply for the Long Island Sound Futures Fund grant in the amount of $200~000.00 for the proiect known as "Lake Mobil" on Fishers Island with the match for such grant being Town of Southold construction costs/consultant costs and in-kind services not to exceed $100~000.00. *rVoteR~ord-Re~°lufionRES-2010-358 ,, ,,, ; ,:,, ,,;, ,,,, , Adopted Adopt~ as ~end~ ~/~e N0~aY : Abstain Absent Defmt~ William Ruled Vot~ ~ ~ ~ ~ Tabl~ Vinc~t Orl~do Vot~ ~ ~ ~ ~ Wi~d~wn C~st0ph~ Taib~t s~nd~ ~ D : ~ 0 Supe~isor's Appt Tax R~eiv~s Appt Alb~ ~pski Jr. Vot~ ~ ~ ~ ~ R~d~ ~ui~ P, Ev~s Initiator ~ ~ : ~ ~ Tom Cl~k's Appt Scott Russell Vot~ Supt Hgwys Appt 2010-359 CA TEGOR Y: DEPARTMENT: Consulting Planning Board Cornell - Assessment Phase II RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to retain the services of Cornell Cooperative Extension to provide professional consulting services to the Town of Southold as outlined in their Proposal entitled Assessing Phase II Stormwater Management Program Needs For the Town of Southold, dated March 29th, 2010. Payment for such professional consultant services shall not exceed $5000.00. ~' vote Record r Resolution RES-20i0-359 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando Voter I~l I~ [] [] [] Withdrawn [] Supervisor's Appt Christopher Talbot Initiator [] [] [] D [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] Town Clerk's Appt Scott Russell Vowr [] [] [] [] Supt Hgwys Appt 2010-360 CATEGOR~ DEPARTMENT: Misc. Public Hearing Town Attorney PH Annual SPDES Phase 2/Stormwater Mgmt Plan May 4, 2010 Page 24 Southold Town Board Meeting Minutes. WHEREAS, the Town of Southold Stormwater Management Plan & Regulations are intended to satisfy the regulatory requirements for mandatory MS4 communities and result in the issuance of a General Permit for the Town's stormwater discharges and represents an agreement by the Town and its respective departments to work together in reducing pollutants to our shared watersheds and waterbodies; and WHEREAS, as a part of its Stormwater Management Plan & Regulations, the Town of Southold will perform annual evaluations of their programs, including status of activities proposed and completed, program compliance, the appropriateness of identified management practices, progress towards achieving identified goals, and other program information; and WHEREAS, prior to submittal to the State Stormwater Management Program Office, the Annual Stormwater Management Status Report must be presented at a public forum and the public afforded the capability of offering comments; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby sets May 18~ 2010 at 4:35 p.m. at Southold Town Hall~ 53095 Main Road~ Southold~ as the time and place to hold a public information hearing to allow the public to ask questions and make comments on the draft Annual SPDES Phase 2 Status Report Regarding the Town of Southold Stormwater Management Plan. A complete copy of the draft Annual Stormwater Management Plan Status Report will be available at the Southold Town Clerk's Office during normal business hours and will also be available on the Town's website: southoldtown.northfork.net. Seven (7) days will be provided for written comment after the close of the public heating. · t' Vate ReCOrd; Re~olution RES-2010~360 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland : Initiator ~1 [] [] [] [] Tabled Vincen~ Orl~d0 Seconder [] [] [] [] [] Withdrawn [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt ~!b~ ~p~k! ~r: ~oter [] [] [] [] [] Rescinded Louisa P. Evans Voter ~ [] [] [] [] Town Clerk's Appt Scoit Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-361 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes Supervisor Scott A. Russell to Exercise an Option Agreement Extending the Contractual Agreement Between the Town of Southold and Trinity Transportation, Inc. RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to exercise an option agreement extending the Contractual Agreement between the Town of Southold and Trinit3, Transportation~ Inc. in connection with transporting and disposing of Mnnicipal Solid Waste from the Southold Town Transfer Station at a reduced rate per ton, subject to the approval of the Town Attorney. May 4, 2010 Page 25 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended Yes/A~e No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vinceat Orlando Initiator [] [] [3 [] [] Withdrawn [] Supervisor's Appt Christopher Talbot Voter [] [] [] Fl [] Tax Receiver's Appt Albert Kmpski Jr. Seconder [] Rescinded Louisa P. Evans Voter [] Town Clerk's Appt Scoti Russell Voter [] [] [] [] [] Supt Hgwys Appt Closing Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: At this point, I am going to invite anybody up that would like to address any issue of mutual interest. Eric? Eric Russell ERIC RUSSELL: I addressed the Board at the state of the town address about the proliferation of events and the use of these venues and you had said that the Town Board would be taking this matter up in terms of clarifying the town code on this matter. (Inaudible) When I had spoke to him he said his hands were tied because of a very vague town code and a lack of manpower for enforcement. I just wanted to know if there is an update, if this is something you had an opportunity to discuss among the Town Board? It is an issue that will be getting attention soon because the season is starting now and it takes about 5 minutes on the computer to find numerous venues right now doing things now that at least in my estimation do not apply to how the town code is written. I have a question about the liquor license enforcement. I know that we are subject to the police in this town. If a farm winery license is doing something that is outside of what the license allows, isn't there an avenue for the town for the officer to do something about that? Not just the use (inaudible) but also that, can the Town Attorney perhaps get it clarified by New York State Liquor Authority? About what they can and cannot do. Because the way I read their license and the way I see some of these venues operating, it doesn't seem to jive so I am curious about some of that. If anybody has a response to that. I mean, all you have got to do SUPERVISOR RUSSELL: I will just clarify for the police department heads, the absolute authority to act on issues with regard to the state liquor authority, they do regularly when we have complaints of underage drinking. We have one officer in particular who goes for training so that he has an expertise in the state liquor license requirements, an officer I think we have talked about in the past. I will defer to Martin in terms of the issue with regard to wineries and I know that this issue has been brought up in the past. MR. RUSSELL: Also this week, as it pertains to food service. I know kind of what the town code says, I know what the liquor license, farm winery says and it seems to me that some of the things being offered are outside of that. SUPERVISOR RUSSELL: Just so you know, two separate issues. One is the state liquor May 4, 2010 Page 26 Southold Town Board Meeting Minutes authority and one is the state, Department of Agricultm'e and Markets. They are not always consistent but at the end of the day, you see the rules change more along the lines of what the wineries want to see. They have expanded allowed uses on wineries over the years but again, its probably, I am going to, you know what, with complete candor, this is my brother, I am not going to you know, I am going to let the Board step up. MR. RUSSELL: I would like to know what somebody else thinks about it. COUNCILMAN KRUPSKI: I don't want to get in between you guys, sorry. MR. RUSSELL: Drive right through, not park in your house and see a sign advertising Mother's Day brunch, reservations required at a winery. SUPERVISOR RUSSELL: I wasn't even aware of that. MR. RUSSELL: To me that is not, that is egregious. COUNCILMAN KRUPSKI: Eric, you are right and the Town Board should address it. The problem is that the Town Board addressing so many things and I will give you an example and it sounds kind of lame but the energy committee was really interested in this dark skies legislation. It has been over a year and hopefully next meeting we will put it up for a public hearing and it has taken a year to get legislation that was written to get it to code committee because we have had other things that keep coming up that demand our immediate attention. You know, the issue of Orient is the latest, is only the latest one. So it is, it is something that should be addressed. I agree with you, you are absolutely right. MR. RUSSELL: I understand what you are saying totally, I understand that you guys have a filled slate. I understand that. I find if you look back over the, I have been in the business since before wineries were out here, if you look back over the last few years, you see the wines being pushed more and more and more. And my concern is that eventually when the Town Board does get around to this, the line is going to be so far over that whatever legislation this Board gets to talk about then is going to be so far past the point of no return. Especially when the Ag & Markets are considered, that to me, it is, like I said, the season started for me so I know you guys have a different agenda but the season started to me and I can see the things being advertised right now. we have, forget the fact have the town code written that allows a winery on 10 acres of property, which is ludicrous to have a'facility for 300 people, that is what they advertise on 10 acres but nobody broke the law because that is the way the code is written. That is a poor code. But now they are advertising ladies night, food and drink specials, party at the Pointe Friday night food/drink specials. That is egregious, so I mean, if something is egregious, I understand all this other stuff is important but it seems to me which is why again I asked about the town attorney possibly talking to the liquor authority about what they can and cannot do. I know on New Year's Eve one of the venues was serving beer. Maybe they are allowed to do that. Nothing I read in the state liquor authority website about farm/winery license allows that. I think except for possibly a charity but I am not really certain. So I, do I need to do the legwork to find out what is and isn't allowed? May 4, 2010 Page 27 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: We have a code committee Thursday. Can we add just the issue, we have ag and market law to look at, state liquor authority. Maybe have Damon there and try to sort some of this out. I am not suggesting we need to take action, we should take action but we should be able to have answers. TOWN ATTORNEY FINNEGAN: Can I answer some of those questions? COUNCILMAN KRUPSKI: We can start on it, sure. COUNCILMAN ORLANDO: They are not allowed to have a kitchen on the facilities but I think they are allowed to bring in food. MR. RUSSELL: Yeah, but you know, that is tricky because a couple of the facilities do have kitchens and nobody knows how that happened. How Raphael's got theirs, nobody seems to know. Where I got married has a kitchen, Pellegrini's. They say on their website that an outside (inaudible) must use their own cooking facilities, however, theirs is available for a fee. So to me it is a slippery slope in terms of, you know, how some of that goes because now you are talking about a wine makers dinner once a month or twice a season, that is fine but all of a sudden it is going to be like you have in Riverhead, a wine theme park. something going every night of the week. And I am not in the town of Riverhead so I can't really attack that but you see the slope starting now. the slippery slope where they are starting to add more and more events because there are only so many weddings to go around, so they are creating their own events. So why not pull a caterer in Friday and Saturday and start, if you can do Mother's day, why not start doing every Friday and Saturday all summer long. That is what I am trying to prevent in the future. COUNCILMAN ORLANDO: Comedy night. MR. RUSSELL: I am not here arguing about what is happening right now so much, its what could be happening two or three years down the road. TOWN ATTORNEY FINNEGAN: I was just going to add that I think there are two challenges that the Town Board has with respect to, one is regulation, one is enforcement. But as far as regulation goes, as Scott mentioned, the state ag and market rules are very liberal and it is difficult to adapt certain types of regulations or activities at wineries. They set monetary limits. Obviously the presumption is that most of the activities that they are having at their wineries are geared toward the sale of their wine. And there are economic restrictions that ag and markets places on their operations so that they can only sell or they have to be able to establish if checked or audited that they are selling a certain amount of wine per event and per year to justify having these events. But you know, I think the Town Board is saying that they are willing to look at it but there are some limitations as far as the FLA is concerned, we can certainly review that. They do have authority and in the case of the beer, I know that wineries can pull an additional permit for an event to have you know, additional types of alcohol per event type of thing. Certainly it is not a blanket authority under FLA. May 4, 2010 Page 28 Southold Town Board Meeting Minutes MR. RUSSELL: Is that an event or is that a concession? See, that is my question. TOWN ATTORNEY FINNEGAN: It is not, I am not aware of a liquor license given to winery that allows the sale of beer, it would just not occur because .... MR. RUSSELL: I think a lot of people in Town Hall would know that since most of them were at Sparkling Pointe on New Year's Eve. So I think they would know that. TOWN ATTORNEY FINNEGAN: Well, they may have applied for a permit for that, I don't know. from the SLA to have a one time... MR. RUSSELL: If they did, that is fine. But you know, it is hard for me to do all the legwork because I am raising two kids and I am not putting pressure on the Town Board because again, I know you have a full slate but to me, some things are pretty egregious, that it needs to be addressed before we get three or four years down the road. SUPERVISOR RUSSELL: You know, quite honestly, I think historically it was a new thing, the idea of wineries, the town code was written with a little bit of ambiguity and it worked for everybody because of the weddings and special events and you know, they needed to make money besides just the sale of the grape and what happened is that line has been moved pretty substantially over the years and I think the Town Board has just probably been unwilling to look at it hard and we probably should. Now, with all due respect, there are some aspects that we need to recognize. They have the right to make money, too. But the lines need to be drawn as to what they can and can't do. MR. RUSSELL: I support the wineries, I carry the local wines. I know we are supposed to work together. I think some of that is not happening sometimes. The thing is, what are the ground roles? I mean, I don't think it is clear to restaurants, I mean, I always thought concessions weren't allowed in wineries. We have a pizza concession now in this town, we have oyster concessions now in this town. I understand oysters are local product, the shrimp and chowder bar. As I read the liquor license shouldn't be allowed because it uses utensils, it is prepared and designed to be eaten now and according to the liquor license isn't allowed. So I would like to, if you are going to take up the opportunity to make the ground roles clear so at least a person who owns a business, I could play by those roles and maybe I will get a concession at a winery. I mean, but I don't want to get something started based on what rule he is enforcing right now. Because that is a .... SUPERVISOR RUSSELL: I agree. I agree. COUNCILMAN KRUPSKI: No, that is a good suggestion. Let's start the discussion at the code committee meeting. SUPERVISOR RUSSELL: What we are going to need to see Thursday is the state liquor license rules and the ag and market rules. But those, just so you know, I am not kidding when I say they change regularly. The winery industry is a big industry, not on Long Island but in the Finger May 4, 2010 Page 29 Southold Town Board Meeting Minutes Lakes region and the, I will give you an example, wineries just up until about two years ago weren't allowed to have fireworks. What happened was, we were issuing permits not knowing that and a building inspector from another town alerted everybody to the fact that we didn't have the authority to issue fireworks permits to private venues. By state law, only public events for public viewing. So what happened was, we stopped issuing the permits and in the matter of a year, the state changed the law that now allows private venues to have fireworks. It is going to be problematic. I think that will be the next headache over the course of the summer because so many wineries backing up to residential areas. It had been a headache up until a few years ago. That will come back. The events are getting later at night, the fireworks are getting more spectacular but again, right as you start to follow what the state code says, the state ups and changes it. So .... JUSTICE EVANS: Is this most of the wineries that are doing this or is it a few? SUPERVISOR RUSSELL: Well, when my phone rings it doesn't really matter if it is the same three wineries or ten but what happens is, when one starts to do it, others follow suit but again, I am not focusing on wineries I am focusing on the state's willingness to change the code so quickly. MR. RUSSELL: Which is also (inaudible) because it is mostly wineries but we all know it is not just wineries. We all know a couple of farms that have things going on. I know I can find two B & B's online right now who advertise dinner, not for guests, for anybody to show up. I can find two online right now. So when things aren't being enforced, it is not just the wineries .... SUPERVISOR RUSSELL: Yes, I agree. MR. RUSSELL: It is all the venues that start pushing it and pushing it. COUNCILMAN TALBOT: The other thing that we don't want to confuse is it is not really the liquor authority and the license and the ags and market, it is more Southold zoning code which Eric is complaining about. The enforcement of.... SUPERVISOR RUSSELL: It is all of those. The problem with ags and market is that it tnnnps the town code, so as soon as we get too restrictive, if ag and markets says it is a necessary event then we can't legislate against it. I will concede that we should know where the lines are today, right here, right now and then figure out where the lines move from there but there is no clear understanding. COUNCILMAN TALBOT: Okay. And I was not at Sparkling Pointe for New Year's. SUPERVISOR RUSSELL: No, I wasn't. I was home for the new year. Alright, we will start the discussion Thursday. COUNCILMAN TALBOT: You should get an answer and I think the Board hears you on it, I agree and I think everybody here agrees as well. May 4, 2010 Page 30 Southold Town Board Meeting Minutes MR. RUSSELL: Alright. Thank you. Melanie Norden, Greenport MELANIE NORDEN: I was under the impression the Town Board, that our vineyards, our agricultural venues do provide an incredible resource to the town and also generate income for all businesses locally. And so I think there is a very good reason why ag and markets does have a liberal notion in terms of what its restrictions are so that vineyards and the industry can actually survive. This industry maintains the beautiful rural nature of our town, contributes all throughout the year to our economy. So I would just caution you about beginning to quote- unquote crackdown on vineyards and other venues. I applaud agricultural sites that have taken it upon themselves to generate what is known as agro-entertainment. I think it is really important because a lot of our farms can't survive without some of the things that they are doing and a lot of those things are the very things that attract thousands of people to this area per year. So our fall harvest is now bigger sometimes now than our summer population and that fall harvest is in many ways a result and that population is a result of innovative agro-entertainment initiatives. So let's be really careful when we talk about an industry that contributes a tremendous amount and let's remember that we are in America where presumably all of us believe that competition is open and the name of the game. I believe that local restaurants in every way benefit far more by the traffic that vineyards generate than they lose out on the occasional large event that they wouldn't be able to host in any case. So, that is just my own reading but I would be very careful because I think that is a very slippery slope when you are thinking about regulations and regulating an industry which is really trying to grow with our area and maintain the rural character of our area. Thanks. SUPERVISOR RUSSELL: Can I just say, you quoted and unquoted the word crackdown and no one used that phrase. MS. NORDEN: Okay. SUPERVISOR RUSSELL: Also, probably more than any other individual in this community, you brought code enforcement issues to this Town Board with regularity over the last four years, certainly since I have been Supervisor and I think I probably disagree with my brother in terms of what should be permitted and what shouldn't be, there is no doubt about it but knowing what the lines are is a good place to start and I don't think we can show favoritism and say well, the wineries are good so we will let them do what they want but every time you don't like a boat dealer going into the gateway of Greenport you should come to the Board and us crackdown on it. MS. NORDEN: Well, I agree, I doubt whether .... SUPERVISOR RUSSELL: There has to be a level playing field for all people... MS. NORDEN: Yeah, but I don't think a lot of this stuff is in your code and that is why I am saying what I am saying. I don't think a lot of these regulations are spelled out in your code to begin with, so if you want to address these issues, you may in fact have to adopt your code. I am May 4, 2010 Page 31 Southold Town Board Meeting Minutes encouraging you not to adopt a restrictive code if you are making some code changes. If I thought we were talking about code violations ad nauseum in the vineyard or agricultural industry, I would speak to that but I don't believe we are. COUNCILMAN TALBOT: I think that is why it was referred to go in front of code committee, so we could discuss it and... SUPERVISOR RUSSELL: Understand what is a violation and what is not, Melanie. MS. NORDEN: Okay. SUPERVISOR RUSSELL: Okay? Nobody suggested changing the code right here, tonight. In fact, I prefaced my whole conversation by saying I am not suggesting we make changes to the code, to at least have a clear understanding of what the code allows and what state liquor authority allow because they are governed by that branch of government as well and it is our obligation with the police department to make sure those are being enforced as well. MS. NORDEN: Okay. Katherine Chaudry, Browns Hills Assoc President CATHERINE CHAUDHURI: Mr. Krupski, you know that bigger problem in Orient? That is what I want to address. I am Katherine Chaudhuri, I am a resident of Browns Hills and the president of Browns Hills association and what we would like to make a request is the Town Board could go to the Town Trustees and possibly rescind the permit that was given to the Suffolk County Water Authority to dig under Dam Pond. If you could... SUPERVISOR RUSSELL: That would be the administrative permit that was issued. Martin, I think we addressed that today. TOWN ATTORNEY FINNEGAN: Yes. That is the permit that is in existence right now, from the Trustees. SUPERVISOR RUSSELL: And we discussed the prospect of having the Trustees revoke it and that was against your advice? TOWN ATTORNEY FINNEGAN: Well, the permit was just the subject of litigation and was affirmed by the court. SUPERVISOR RUSSELL: Can I ask something? I met with a group last night because of a press release by Congressman Bishop that is just absolutely erroneous. I talked to him again today and I told him, you never discussed with me the prospect of Southold Town forming a water authority, a water company, a municipal water district or anything of that nature and the town is in no position to do that or accept the operation of Browns Hills. And he said, well, from a practical point of view, looking as a devils' advocate or from the Suffolk County Water Authority point of view, they have to make sure the concerns of Browns Hills are met and you are thwarting them in doing that. Well, with the water pipe. I suggested that they could always May 4, 2010 Page 32 Southold Town Board Meeting Minutes amend their application and ask for a four inch main to service the area or go back to Browns Hills because I think Browns Hills is maybe to reaccept its own operation of the water system. MS. CHAUDHURI: Correct. SUPERVISOR RUSSELL: I didn't want to speak for you but if I am not mistaken, you are ready, willing and able to accept that, the operation of your own water system. MS. CHAUDHURI: That is true. SUPERVISOR RUSSELL: And I conveyed that to him on your behalf and he said, well, what do you really need from me? And I said two things, cancel the stimulus money that was meant to offset that cost and secondly, engage the Suffolk County Water Authority and the health department so that they will allow for the transfer of that water system back to the Browns Hills community. And he said I will not make promises but I certainly will try. And I will take him at his word on that. MS. CHAUDHURI: And how would we know the resolution of that? SUPERVISOR RUSSELL: That is something that hopefully he will contact me. But I can assure you that this press release, the notion that the water authority will back down or halt its plans for Orient subject to the town creating a water authority, that's probably, you don't want us running a water authority. So we are trying to keep our streets flat and plowed and everything else. We don't have the time for that. COUNCILMAN TALBOT: That was the question I had about Congressman Bishop, if he would stick to his word and say that he would support us when we voted to not approve the resolution to send the water out there and he is dancing around it. SUPERVISOR RUSSELL: That hopefully will be the gist of the conversation over the next few days and hopefully that will end the way we envision it, which is Browns Hills, with the hard work they have been doing simply taking the water system back. MS. CHAUDHURI: Great. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any issue? (No response) Can I get a motion to adjoum? Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:10 P.M. May 4, 2010 Page 33 Southold Town Board Meeting Minutes Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell