Loading...
HomeMy WebLinkAboutTB-06/01/2010ELIZABETH 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.north fork.net 2. 3. 4. 5. 6. MINUTES June 1, 2010 4:30 PM A Regular Meeting of the Southold Town Board was Hall, 53095 Main Road, Southold, NY. Supervisor Russell the Pledge of Allegiance to the Flag. 1, 2010 at the ~eting ~ af 4 ~PM with 4:30 PM Meeting called to order on June 1, 20lO, at Me Hall, 53Q~$ Route 25, $outhold, NY. I. Reports II. ~"blic N ti ~u 0 ees NYS Liquor License Renewal III. Communication~ IV. Discussion~: 9:00~A~M[. - Chie~Co 9:15 A.1V[: Jim McMahon 10:00 A.M. - ~l~ McMahon ? 10:30 A.M. - Leslie Weisman, ZBA 10:45 A.M. - Phillip Beltz, Special Projects Coordinator TDRs 7. Request for Use of PDR Land June 1, 2010 Page 2 Southold Town Board Meeting Minutes 9. 10. 11. 12. Wireless Amendments Ramone Correspondence Executive Session Executive Session Executive Session Special Presentation 4:30 P.M. - Leonard Llewellyn SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. Thank you. Two things, first I am going to ask anybody who would like to comment on the agenda items to come up in a minute but first what I want to do is ask Len Llewellyn and your wife, why don't you come on up. I want to read you this proclamation. This is on behalf of the entire Town Board. It recognizes that Lenny Llewellyn has served as a boating safety instructor for 50 years. He started this program, with this program, which was first created in 1960, back in those days I think it was called make sure you make it to shore. 'Resolved that the Town Board of the Town of Southold on behalf of the residents of Southold Town, wishes to congratulate Leonard J. Llewellyn as he celebrates 50 years as a New York State Boating Instructor; and whereas as a young man of 18, Lenny began teaching the first NYS boater safety course in 1960 and has been a continuous instructor since then. Although he didn't even have a driver's license at the time, he convinced his dad to drive him to and from the training; and whereas Lenny has distinguished himself among his peers with his genuine devotion to boater safety and his concern for the health and safety of everyone traveling on our waters, providing excellent training and a wealth of knowledge to his students; now therefore be it resolved that the Town Board of the Town of Southold hereby extends deep appreciation to Leonard J. Llewellyn and offers him sincere wishes for continued success in the future.' That is signed by all six of the Board members and of course, our Town Clerk Elizabeth Neville. Let me just say that it is not uncommon that Lenny would not just teach the parents but the children would come, I don't think it was uncommon for you to teach three generations from the same family. He has been doing it for so long. Let me just present this to you. In fact, one of his students, Christopher Columbus went on to discover America. This is a question from the entire Town Board, did Bill Ruland really have dark hair in those days? LEONARD LLEWELLYN: The first time I met Billy was in 1959 and at that particular time, he had more hair than he has now but he really has advanced from being a student from Mattituck (inaudible) as a representative of Mattituck for the Town Board (inaudible). SUPERVISOR RUSSELL: Thanks, Lenny. Thank you very much. MR. LLEWELLYN: Thank you very much. June 1,2010 Page 3 Southold Town Board Meeting Minutes Opening Statements Supervisor Scott A. Russell SUPERVISOR RUSSELL: Would anybody like to comment on any item as it appears on the agenda? Come on up. Melissa Wilcenski, Mattituck MELISSA WILCENSKI: My name is Melissa Wilcenski. I have been coming for two years now to try to get a basketball court at our Tasker park field and I just heard that it was voted down once again, so I wanted to see what I have to do to bring this back. I don't know what we have to, what the next step is. SUPERVISOR RUSSELL: This is a tight fiscal climate. What happened was we got the bid back, I think the total estimate was about $25,000. We had an inventory of work that needed to be done on the existing facilities. All that work is done with what is called parks and playgrounds money. That is money that comes in from subdivisions. MS. WILCENSKI: I was informed of that. SUPERVISOR RUSSELL: There is no revenue coming in from that from the downturn in the economy. I think to be frank, show us the community will for it, and it is something we will take up again. MS. WILCENSKI: So I need to come back in with a basketball team? SUPERVISOR RUSSELL: A basketball team, parents. MS. WILCENSKI: They came in first place this year unfortunately... SUPERVISOR RUSSELL: It would help to have parents reach out and show us that there is a community need for it and a broad community need, that would be from all the different hamlets. MS. WILCENSKI: Is it fair, they will be there. Nobody had to come out for a second tennis court... SUPERVISOR RUSSELL: Yes. MS. WILCENSKI: That was put out there. Nobody had to come out for other items that were brought to that field. So I am very disappointed that two years and now I am hearing about the economic times. SUPERVISOR RUSSELL: Well, the economic times are the most important component of all the decision making that we are doing right now. MS. WILCENSKI: But the money is there in the account for in that park. June 1, 2010 Page 4 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: If we want to devote it to the construction of a basketball court but then that would not make it available for continued improvements of the existing items that need work. You know, the baseball field fence, the resuffacing, you know, the inventory that is already in place. But what I would recommend is that if there is a real community will for it, that is something that the Board will take up again in the future but it hasn't been, you know, we have dozens of people reaching out in Mattituck wanting a baseball field. We had to say no because of the economic climate. And with all due respect, when those tennis courts and everything else was built, the money was there, the money was coming in. it is not the case. I mean, it is a very unique time economically. MS. WILCENSKI: But the money still is there, we still have that account, correct.'? SUPERVISOR RUSSELL: We still have that account, dwindling account, yes. Right now it is being used to maintain what we have, not expand the inventory. COUNCILMAN KRUPSKI: And that is one of the realities, like Scott said. When you build all this inventory, then it has to be maintained. We have got an existing staff and the more you build, you know, they can only spread themselves so thin and a lot has been built in the past few years. MS. WILCENSKI: Mmhmm. I mean, I see what has gone up in the two years that I have been here and unfortunately, I have never seen anyone else asking for the other items that have been put in and they have appeared. But for some reason, the basketball court keeps getting turned down. COUNCILMAN KRUPSKI: Well, they lobbied pretty hard to improve the ball field down there. that was, that was a pretty big effort by the baseball community to fix that ball field, so... MS. WILCENSKI: Okay. And for the tennis courts? COUNCILMAN KRUPSKI: Tennis courts? I don't know .... SUPERVISOR RUSSELL: That was long before .... COUNCILMAN KRUPSKI: That was before my time. SUPERVISOR RUSSELL: Yes, that was built long before. MS. WILCENSKI: The second one went in probably a year and a half ago, correct? I mean, I don't have all my dates .... SUPERVISOR RUSSELL: I don't... MS. WILCENSKI: I found out very upsetting news, we have been waiting two years. June 1,2010 Page 5 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Since I have been on this dais we haven't constructed a tennis court. We resurfaced existing courts on Fishers Island, that is the only work I am aware of. MS. WILCENSKI: I thought the ones by the hockey rink went in pretty, several years ago. We had the first ones in for a long time. SUPERVISOR RUSSELL: We can certainly find out for you. MS. WILCENSKI: But whatever. So then I need to bring some of the community members, is that how we need to handle it? SUPERVISOR RUSSELL: Yes, email the Board, all the email my office receives, they forward to the Town Board. We distribute everything, we will forward it to Betty Neville, we will make sure we get everything that comes in. MS. WILCENSKI: Alright. Or by coming to the next meeting and asking for it to be brought up again for another vote? SUPERVISOR RUSSELL: Yes. MS. WILCENSKI: That is how it happens again? JUSTICE EVANS: But I will speak for myself, I still think you are facing an issue right now that that fund is not being replenished by subdivisions coming in and we are spending it on maintaining existing facilities. MS. WILCENSKI: Because I was told that the funds you maintain separate, is that correct? SUPERVISOR RUSSELL: No. It is, it is all the same committed fund, it is just that it is a committed fund, it can only be used for those capital improvements. Parks and rec, things like that. It can't be mingled with the regular funds of town government. Like I can't use that money to pay for the labor that works on those parks, things like that. MS. WILCENSKI: Mmmhmm. SUPERVISOR RUSSELL: It is a dedicated fund. MS. WILCENSKI: Okay. COUNCILMAN ORLANDO: And to let you know, it was bounced back, no pun intended, back to park and rec committee for a second time when you weren't there to review it again to see if it was something viable for that area. So we spoke about it and we actually had a plan, from the conception of Cochran and it showed the basketball court and we all thought it would be a good spot for it. June 1, 2010 Page 6 Southold Town Board Meeting Minutes MS. WILCENSKI: Right. And have we ever thought since, since you are refacing the tennis courts, right, because there are some cracks or something? SUPERVISOR RUSSELL: That is part of the problem, is maintaining the inventory. MS. WILCENSKI: We couldn't change that and instead of nets there, we have two basketball... COUNCILMAN KRUPSKI: That is what we had in East Cutchogue. There were basketball hoops on the tennis court. So you could use it for both. SUPERVISOR RUSSELL: I don't think anybody here doesn't want to build one, the question is the current economy and what we can and can't do trying to spread these resources, these very thin resources as far as we can. Right now we have existing inventory that needs dire help and I think the decision of the Board was to focus on that for the time being and see where that left us. But that is not a revenue stream that is being replenished, like it had been. When things like basketball courts were contemplated, when Cochran park was bought and built, you know, that was a fund that was being replenished regularly. It was easy to spend that money knowing more was coming down the pike. It is not so easy when you don't see revenue of any kind. MS. WILCENSKI: Alright. Well, thank you for your time. SUPERVISOR RUSSELL: Would anybody else like to comment on the agenda items? No response. V. Resolutions 2010-392 CA TEGOR Y: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated June 1~ 2010. ~ Vbte Reeord- Resoiuti0n RES-2010-392 [] Adopted E] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Seconder [~ [] [] [] [] Withdrawn [] [] [] I~I Christopher Talbot Voter [] Supervisor's Appt Albert Krupski Jr. Voter [] O O [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scoll Russell Voter [] : [] [] [] [] Supt Hgwys Appt June 1,2010 Page 7 Southold Town Board Meeting Minutes Comment regarding resolution 392 COUNCILMAN RULAND: Mr. Supervisor, I will have to recuse myself from that vote as there is a conflict of interest between myself and one of the recipients of the community block grant. 2010-393 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, June 15, 2010 at the Southold Town Hall, Southold, New York at 7:30 P. M.. Vote Record - Resolution RES-2010-393 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Seconder F~ [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator g~ [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-394 CA TEGOR Y: DEPARTMENT: Attend Seminar Building Department Roger Richert Training RESOLVED that the Town Board of the Town of Southold hereby erants oermission to Electrical Inspector Roger Richert to attend a seminar on Photovoltaic Electrical Systems in Copiague~ New Yorlq on June 3~ 2010. All expenses for registration, travel to be a legal charge to the 2010 Building Department budget (meetings and seminars). [] Defeated ~iiiih~ kuiafid initiaior ~ [] : [] [] [] Tabled Vincent 0~iahdo ge~bnd~ [Z 12 F1 [2 [] Supt Hgwys Appt 2010-395 CA TE G O R Y: DEPARTMENT: Close/Use Town Roads Town Clerk June I, 2010 Page 8 Southold Town Board Meeting Minutes. Grant Permission to the Southold School District to Hold a 5K Race in Southold on November 6, 2010 Fiscal Impact: Total Police Department Cost for Event = $267.91 RESOLVED that the Town Board of the Town of Southold hereby ~,rants oermission to the Southold School District to use certain roads for a 5K race in Southold~ on November 6~ 2010 beginning at 8:30 AM, 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. The preliminary route for the 5K: beginning at the Elementary School parking lot onto Oaklawn Avenue to Route 25, east to Calves Neck Road, to Harper Road, Hill Road, Wells Road, back to Oaklawn Avenue, to Pine Neck Road to Main Bayview Road to Main Road, Jockey Creek Drive back onto the Southold School property. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. Vote Record- Resolution RES-2010-395 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] 13 [] Withdrawn [] Supc'rvisor's Appt Christopher Talbot Voter [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter E] [3 [] [] [] Supt Hgwys Appt 6. Comments regarding resolution 395 C~C!LMAN 0RL~D0: If they can find their way back after that route! 2010-396 CATEGORY: DEPARTMENT: Bid Acceptance Town Clerk Accept Bid of P'rate s Cove Marina for Fishers Island's Channel Markers, Buoys, Etc. RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Pirate's Cove Marine, Inc., Fishers Island, New York, in the amount of $2814.24 for repair and placement of channel markers to be placed in both West Harbor and Hay Harbor, Fishers Island, New York, as well as retrieve~ repair and replace~ or return missing markers and instructional floats that are lost during the season, at a rate of $75.00 per marker plus the cost of necessary materials, buoys to be prepared and placed at the beginning of the season, and removed and stored by October 15, 2010; foregoing all in accordance with the bid notice of the Fishers Island Harbor Committee and subject to the approval of the Town Attorney. June 1, 2010 Page 9 Southold Town Board Meeting Minutes '~' Vote Record -Resolution RE8-2010-396 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] l~feated William Ruland Voter [] [] [] [] [] Tabled [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] Voter [] Towa Clerk's Appt Scoil Russell [] [] [] [] [] Supt Hgwys Appt 2010-397 CATEGORY: DEPARTMENT: Employment - F1FD Accounting Appoint Zachary Hoch Part Time Seasonal Laborer WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their May 4, 2010 monthly meeting to hire as a part time seasonal laborer Zachary Hoch, of Fishers Island, NY effective May 24, 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 Zachary Hoeh~ of Fishers Island~ NY to the position of a part time seasonal laborer for the Fishers Island Ferry District, effective May 24, 2010 at a rate of $9.50 per hour. Vote Record ~ Resolution RE8;2010-397 ~ Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [2 [] [] Withdrawn [] Supervisor's Appt ~Si~pher 'r~iboi voier F1 ~ F1 ~ [] Tax Receiver's Appt Albert ~PSki Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans initiator [] [] [] [] [] Town Clerk's Appt Scott RusSell Voter [] [] [] [] [] Supt Hgwys Appt 2010-398 CATEGORY: DEPARTMENT: Budget Modification Public Works Police Impound Area Fence Fiscal Impact: A. 1620.2. 300.350 Building & Grounds Capital Outlay A.1620.4.400.300 Dredging Goldsmith Inlet RESOLVED that the Town Board of the Town of Southold hereby modifies the June 1, 2010 Page 10 Southold Town Board Meeting Minutes 2010 General Fund Whole Town Budget as follows: From: A. 1620.4.400.300 To~: H. 1620.2.300.350 Buildings & Grounds Dredging Goldsmith Inlet Capital Projects Account Building & Grounds Capital Outlay Police Impound Fence $3,000 $3,000 Vote R~rd. Resolution RES4010-398 [] Adopted ..... [] Adopted as Amended Yes/Aye No/Nay Absta n Absent [] Defeated William Ruland Initiator [] [] F1 [] [] Tabled Vincent Orlando Seconder ~ [] [] [] [3 Withdrawn [] Supervisor's Appt Christopher Talbot Voter [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [3 [] [] Louisa P. Evans Voter [] [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] [] [] [] Supt Hgwys Appt 2010-399 CA TEGOR Y: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the New Suffolk Civic Association to Hold Its Annual Independence Day Parade on July 4, 2010 Fiscal Impact: Police Department Cost for the Event = $426.14 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the New Suffolk Civic Association to hold its Annual Independence Day Parade on July 4, 2010 beeinnin~, at 10:30 AM, using the following roads: New Suffolk Road, Fifth Street, and Main Street, 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-2010-399 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Detbated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Seconder [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt June 1, 2010 Page 11 Southold Town Board Meeting Minutes 2010-400 CATEGORY: DEPARTMENT: Bid Acceptance Public Works Police Impound Area - Chain Link Fence Fiscal Impact: Installation of chain link fence to expand the Southold Police Department Impound Yard to secure vehicles and other evidence held by the Southold Police Department. RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Robert Bohn Contracting~ Inc. PO Box 876~ Southold~ NY to supply and install chain link fence at the Southold Police Department~ in accordance with the plans and specification~ prepared by James A. Richter~ R.A., Office of the Town Engineer in the amount of $ 7,825. Vote Record- Resolution RES-2010-400 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder · [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Kmpski Jr. Initiator gl [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scoti Russell Voter [] [3 [] [] [] Supt Hgwys Appt 2010-401 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Public Works Police Impound Area - Fence RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement with Robert Bohn Contracting~ Inc. in connection with the installation of chain link fence at the Sonthold Police Department, in the amount of $7,825, all in accordance with the approval of the Town Attorney. Vote Record - Resolution RES-2010-401 ~ [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] 13 [] [3 [] Tabled Vincent 0rland~ voter [] [] [] [] [] Withdrawn [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Alber~ Krupski Jr. Voter [] [] : [] [] [] Rescinded Louisa P. Evans initiator [] Fl [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt June 1, 2010 Page 12 Southold Town Board Meeting Minutes 2010-403 CATEGOR~ DEPARTMEN~ Home Rule Request Town Clerk Request the Enactment of Senate Bill $.3181B and Assembly Bill A. 6743B Entitled "AN ACT to Amend the General Municipal Law, in Relation to Creating the Peconic Bay Regional Transportation Council; and Providing for the Repeal of Such Provisions Upon Expiration Thereoj°'. 'WHEREAS, a bill has been introduced in the State Legislature as Senate Bill S.3181B and Assembly Bill A.6743B and WHEREAS, the bill would create the Peconic Bay Regional Transportation Council; this council would coordinate a proposal for the development of an improved public transit system for the region; now, therefore, be it RESOLVED that pursuant to Article IX of the Constitution, the Town Board of the Town of Southold hereby requests the enactment of Senate Bill S.3181B and Assembly Bill A.6743B entitled "AN ACT to amend the general municipal law, in relation to creating the Peconic Bay regional transportation council; and providing for the repeal of such provisions upon expiration thereof". Vote Record. Resolution RES-2010-403 [] Adopted [] Adopted as Amended Yes/A e No/Na Abstain Absent [] Defeated Y Y William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] : [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scoit Russell Voter [] [] [] [] [] Supt Hgwys Appt 14. Comments regarding resolution 403 COUNCILMAN KRUPSKI: I am voting no on that. I voted against it in the beginning. I think in Albany, they should be focusing on a $9 billion deficit and not on creating a transportation council that probably ~i~l create job~ more debt an~no solutions to the ~ransportation prob!em: 2010-409 CATEGORY: DEPARTMENT: Budget Modification Accounting Planning Board Fees Fiscal Impact: Anticipated increase in Wireless Consultant fees. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Part Town budget as follows: June 1, 2010 Page 13 Southold Town Board Meeting Minutes Revenues: B.2115.30 Appropriations: B.8020.4.500.500 Planning Board Fees Planning Seqra Reimbursement $70,000.00 Planning, C.E., Fee for Service, Non-Employ Planning Consultant $70,000.00 Vote Record - Reso Uti0n RES-2010-409 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Seconder El [] : [] [] [] Withdrawn [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Initiator ~5 [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott RUssell Voter [] [] [] [] [] Supt Hgwys Appt 2010-404 CATEGORY: DEPARTMENT: Budget Modification Highway Department 2010 Budget Mod - Highway Fiscal Impact: The reason for this budget modification is due to the fact that the Heavy Duty Equipment line item had to be increased in order to fund a 5/26/10 auction purchase which will be used in order to carry pumping equipment purchased during early spring flooding in Southold Town. 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 From: DB.5130.4.400.300 Machinery Contractual Expense Contracted Services Equipment Rentals $ 4,600.00 TOTAL: $ 4,600.00 $ 4,600.00 TOTAL: $ 4,600.00 June 1, 2010 Page 14 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent r=l Defeated William Ruland Voter I~ [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] Fl Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] Fl [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [3 [] [] [] Supt Hgwys Appt 2010-405 CATEGOR~ DEPARTMENT: Employment - Town Accounting Appoint Nicholas Espinosa Maintenance Mechanic II WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their May 17, 2010 monthly meeting to appoint Nicholas Espinosa of Lebanon, CT to the position of Maintenance Mechanic II effective May 27, 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 Nicholas Espinosa of Lebanon~ CT to the position of Maintenance Mechanic Il for the Fishers Island Ferry District, effective May 27, 2010 at a rate of $18.50 per hour. [] Defeated William Ruland Seconder El [] [] [] [] Withdrawn Christopher Talbot Voter [] [] ~ El [] Super~isor's Appt A!b~ ~p~k! ~r: Initiator [] ' [] [] [] 2010-406 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attomey Authorizes and Directs Supervisor Scott A. Russell to Execute the Service Contract Between the Town of Southold and Americold, Inc. in Connection with Servicing the Refrigeration Equipment at the Human Resource Center RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Service Contract between the Town of Southold June 1, 2010 Page 15 Southold Town Board Meeting Minutes and Americold~ Inc. in connection with servicing the refrigeration equipment at the Human Resource Center for a term of one year at a cost of $1,744.00 for one year, subject to the approval of the Town Attorney. ~' Vote R~ord. Resolution RES-2010-406 , [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Ta hot Voter [] [] [] [] [] Supervisor's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Initiator [] [] · [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-407 CATEGORY: DEPARTMENT: Attend Seminar Planning Board Planning Dept - Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Planning Director Heather Lanza and Principal Planner Mark Terry to attend a East End APA/AIA Conference on Comprehensive Planning~ Downtown Revitalization~ and Architectural Guidelines in Riverhead~ New York~ on June 9~ 2010. All expenses for registration, travel to be a legal charge to the 2010 Planning Department budget (meetings and seminars). ~ Vole ReC0rd - Resolution RES.2010-407 [] Adopted [] Adopted as Atnended 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 ~!b~ ~P~k! Jr. Voter gl [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] 13 13 [] [] Supt Hgwys Appt 2010-408 cA TEGOR Y: DEPARTMENT: Attend Seminar Human Resource Center Attend Conference RESOLVED that the Town Board of the Town of Southold hereby grants permission for Karen McLaughlin~ Town Director of Human Services to attend the annual New York State Area Agencies on Aging~ ACUU conference in Albany~ New York June 1,2010 Page 16 Southold Town Board Meeting Minutes on June 7th to 9th~ 2010. All exp~nses for registration and travel to be a legal charge to the 2010 Programs for Aging budget (seminars and training). Vote Record - Resolution RES-2010-408 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-410 CATEGORY: DEPARTMENT: Employment - Town Accounting Appoint John T. Tramontana P- T Scale Operator RESOLVED that the Town Board of the Town of Southold hereby appoints John T. Tramontana to the position of a Part-Time Scale Operator for the Solid Waste District, effective June 5, 2010, at a rate of $14.41 per hour. ,Vote Rgeord. Resolution RES-2010-410 ~ , ; [] Adopted [] Adopted as Amended . ~qs/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent 0riend~ ~nder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Krapski Jr. V0~er [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] : [] : [] [] [] Town Clerk's Appt Scott Russell Voter [] [] : [] [] [] Supt Hgwys Appt 2010-411 CATEGORY: DEPARTMENT: Attend Seminar Solid Waste Management District SWANA Technical Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Solid Waste Coordinator James Bunchuck to attend the Spring 2010 SWANA Technical Session on the management of non-yard waste organics in the waste stream in Alban¥~ NY on June 16~ 2010. All expenses for registration, travel, and meals to be a legal charge to the 2010 Solid Waste Management District budget (meetings and seminars). June 1, 2010 Page 17 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn [] Supetvisor's Appt C~s~opher Talbot Voter [] [] [] El [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] r~ [] Resch~ded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-413 CA TEGOR Y: DEPARTMENT: Affordable Housing Supervisor Set the Maximum Sales Price and Maximum Allowable Monthly Rent for 2010for Affordable Housing Units RESOLVED that the Town Board of the Town of Southold hereby sets the maximum sales price and maximum allowable monthly rent for 2010 for affordable housing units as follows: Home Purchase Price Households eaming 80% or less of the HUD median income (for Nassau/Suffolk) $207,250 Households earning 100% or less of HUD median $259,000 Monthly Rental Efficiency $ 907 One Bedroom $ 971 Two Bedroom $1166 Three Bedroom $1346 Four Bedroom $1502 [] Adopted as Amended Yes/Aye No/Nay Abstain Ab~n~ [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt AI~~ ~p~k! ~: ~o!~ ~ D D [] [] Supt Hgwys Appt 2010-414 CATEGORY: Retirement/Resignation June 1,2010 Page 18 Southold Town Board Meeting Minutes DEPARTMENT: Town Clerk Accept the Resignation of George Peabody as Fishers Island Bay Patrol RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of George Peabody as Part-Time Fishers Island Bay Patrol, effective February, 2010, and be it FURTHER RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise the position of Part-Time Fishers Island Bay Patrol in the New London Day. Vote ReCOrd - Resolution RES.2010414 ~I Adopted [] Adopted as Ammded Yes/Ay~ ~y ~bs~ain Absent ~ Def~t~ William Ruled Vot~ ~ ~ ~ ~ ~ Tabl~ ~ Wi~dm~ C~stoph~ Taint Vot~ ~ ~ ~ ~ ~ T~Sup~is°r'sR~eiv~sAppt Appt ~!b~ ~pski Jr. hitiator ~ ~ ~ ~ ~ Supt Hgwys Appt 2010-415 CATEGORY: Policies DEPARTMENT: Town Attorney Adopt TOS Police Department Exposure Control Plan WHEREAS, the Town Board adopted a policy entitled "Police Department Rules and Regulations" by a Resolution dated June 4, 1985; and WHEREAS, the Police Department Rules and Regulations were incorporated in the Town of Southold Town Code as an Appendix (§§A290-1 - A290-48); and WHEREAS, it is the intent of the Town Board to Amend the Police Department Rules and Regulations, notably §A-290-45 and to adopt a policy entitled "Town of Southold Police Department Exposure Control Plan" that will exist as a separate policy outside of the Police Department Rules and Regulations. NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold adopts the Town of Southold Police Department Exposure Control Plan; and be it further RESOLVED that the Town Board of the Town of Southold hereby amend that portion of the Police Department Rules and Regulations, notably §A290-45, as follows: June 1, 2010 Page 19 Southold Town Board Meeting Minutes . June 1, 2010 Page 20 Southold Town Board Meeting Minutes ['3\ June 1,2010 Page 21 Southold Town Board Meeting Minutes June 1, 2010 Page 22 Southold Town Board Meeting Minutes §A290 - 45. Bloodborne/Communicable/Infectious Diseases and Exposure Control Plan. Incidents of exposure to communicable/infectious diseases by any contact, including but not limited to, contact with any blood bome pathogens shall be regulated and addressed in accordance with the guidelines and procedures set forth in the Town of Southold Police Department Exposure Control Plan to prevent the Transmission of Bloodbome, Communicable and Infectious Diseases within the Police Department, adopted by the Town Board of the Town of Southold on June 1,2010 by Resolution No. 2010-415, a copy of which will be provided to all employees of the Police Department and available for public review at Police Department Headquarters and the Town Clerk's Office. '~ Vote Record, Resolutign RES-2010-415 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Ab~t [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] W.hd~wn ~U~St~0h~hlb~t Vot~ rn rn n * [] Supervisor's Appt [] Tax Receiver's Appt A!b~ K~p~k! J[. yo!er [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-416 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Agreement with David Page and Barbara Shinn Relating to Limited Authorization to Hold 4 Specified Events on Portions of Development Rights Land Located at SCTM #1000-100-4-3.2 Between June 15, 2010 and August 31, 2010 June 1, 2010 Page 23 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 an Agreement with David Page and Barbara Shinn relating to limited authorization to hold 4 specified events on portions of development rights land located at SCTM #1000-100-4-3.2 between June 15~ 2010 and August 31~ 2010, upon satisfaction of various conditions, including but not limited to, approvals of the Fire Inspector with respect to the use of any tent and emergency vehicle access and Captain Flatley with respect to traffic control and parking, and an acknowledgement by all parties to said Agreement that any authorization granted hereunder is limited to the specified events and is not in any way intended to modify the terms of the Town's development rights easement nor shall this authorization constitute a waiver of the enforceability of the Town's easement rights. The Town Board's authorization to execute the aforesaid Agreement is subject to the approval of the Town Attorney. ~ ¥0te Record, Resoluti0n RES-2010-416 [] Adopted [] Adopted as Amended Yes/Aye No/Na Abstnln Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vinccmt Orlando Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] F1 [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt VI. Public Hearings 1. Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared recessed at 5:00PM in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Krupski Jr., Evans, Russell ABSENT: Christopher Talbot 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 COUNCILMAN KRUPSKI: NOTICE IS HEREBY GIVEN, 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 Soutbold Water Supply Plan Map to the Colony Pond Subdivision in Southold" now, therefore, be it NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, June 1, 2010 Page 24 Southold Town Board Meeting Minutes 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 represented to the Town that the groundwater quality of the Colony Pond Subdivision is inadequate and poses a significant concern 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 ora 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 June 1,2010 Page 25 Southold Town Board Meeting Minutes Alright, this has been noted and legally noticed in the Suffolk Times for one week on the 20th day of May. We have a letter from the Chairman of the Planning Board, "Dear Supervisor and member of the Town Board, The Southold Town Planning Board has received and reviewed a petition submitted by Mr. Charles Cuddy on January 22, 2010 to the Southold Town Board, on behalf of the above referenced applicant requesting that the Town Board consider amending the Town of Southold water supply plan map to the Colony Pond subdivision. The above referenced project is a proposal for a standard subdivision where a 13 ½ acre parcel will be subdivided into five lots. This project is proposing to create five lots in the R80 zoning district with the following specifications: lot one is 35,000 square feet, lot two is 336,000 square feet inclusive of a 41,000 square foot building envelope and an almost 300,000 square foot subdivision open space and lot three is 30,000 plus square feet, lot four is 30,000 plus square feet, lot five equals 29,000 plus square feet in the R80 zoning district. After careful review and consideration of the petition, the Planning Board respectfully request the Town Board consider the following comments: Wells on the above referenced property were tested by the Suffolk County Department of Health Services in 2007. The results from the 2007 sampling and testing stated that the water was not within test well or drinking water standards. Wells tested on proposed lot two and proposed lot four yielded high level of manganese. Manganese is treatable at certain levels, however, in this instance, lot two levels are treatable and lot four levels are not. Aside from the high level of manganese found in the two test wells cited above, the overriding problem is that the test well results conducted in 2007 by the Suffolk County Department of Health Services have since expired and cannot be used to base decisions due to their age. Test results are only valid for a period of one year. Southold Town planning staff confirmed Suftblk County Department of Health will retest the wells free of charge once at the applicants request, however, a fee will be required for the well company to purge the wells prior to sampling. Based upon the foregoing information of the Southold Town planning board, we request that the Southold Town Board require a retesting of the wells and reserve the decision on the extension of the water main until a new set of water quality test results are submitted. If you have any questions or comments, please do not hesitate to contact the Planning Board or Planning Department." We have a letter May 27, 2010 from the Department of Planning in Suffolk County from Thomas Isles and Andrew Freling, "Pursuant to the requirements of section A14-14 through A14-25 of the Suffolk County Administrative code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter of local determination as there is no apparent significant countywide or intercommunity impacts. A decision of local determination should not be constTued as either an approval or disapproval." And I think that is all we need to have read. I don't know if there is any other correspondence I should read. Okay. SUPERVISOR RUSSELL: I would certainly invite....Mr. Cuddy? CHARLES CUDDY: Good afternoon, on behalf of the applicant I would just point out and go through a couple of things that I think have been said but maybe summarize them. That this is a 13 acre parcel approximately 7.5 acres will be left in open space, 4.5 acres are going to be developed. To bring the water to this site is an 854 foot extension from Bayview Road. This is between Albertson and Bayview. Those people on Bayview already have water because their June 1, 2010 Page 26 Southold Town Board Meeting Minutes. water was also not potable. I have for you and I would like to hand up to you copies of the current lab test from H2M labs, it was done within actually the past two weeks. I also have a letter from the Suffolk County Water Authority indicating that they will extend the water and I also have attached to that the sketch plan approval that was given two years ago to this site for these five lots. And of course, we are waiting now to see if we can get Health Department approval. But I will hand these up now. SUPERVISOR RUSSELL: Mr. Cuddy, I just want to ask one quick question. The issues with the water there, are they filterable issues and it is just merely that the Department of Health merely won't allow you to filter? MR. CUDDY: No. Some of those, that manganese level was too high. There is also, remarkably an MTB which is methyterbutyl, which appears to be some sort of a gasoline derivative. SUPERVISOR RUSSELL: Gasoline additive. MR. CUDDY: And that is on one of these lots. Previously there was something similar to that found in the very first test. The first test was done 2 ½ years ago, this test was done starting on May 14. The analysis was completed just last week and that is why we just got them to you in the last day. But I think the analysis again shows h. igh manganese, some cases it can't be treated, high iron and in one case, the MTB. So those are difficult potable water issues to deal with. And even when you can deal with an iron or manganese run through filters, you are talking about a temporary solution not a permanent solution because those filters have to be changed every few years. I unfortunately have some of those filters, so I know that. I would hope that, you certainly have gone through this and I appreciate the Planning Board's comments. I would hope now that the Planning Board and I will give them copies of these two tests so that they know that they are current, that they are very similar to the other test and I would hope that this Board, based upon that, knowing that we are talking about an 854 foot extension would permit us for these five lots to go ahead. As I said, we did get sketch plan approval and now we are just waiting for the Health Department. And the Health Department has virtually insisted that we extend the public water. So again, I would hope that you can bring yourself to approve this, I think it would be good for that area. We are not talking about developing a lot of lots. SUPERVISOR RUSSELL: Thank you. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this public hearing? (No response) Can I get a motion to recess? TOWN ATTORNEY FINNEGAN: Just for two weeks and for updated comments from the Planning Board and we are waiting for a SEQRA determination and then it should be good to go. JUSTICE EVANS: Can I ask a question about this. Well, I am astounded and maybe not rightly June 1, 2010 Page 27 Southold Town Board Meeting Minutes so but that 854 feet is going to cost $73,000 plus to install? MR. CUDDY: Inaudible. It is actually $90 a foot. One time we were at a lower number but each time we write them, they come up with a higher number. The same footage. SUPERVISOR RUSSELL: Okay. Well, we are going to recess the meeting, we have to just have some housekeeping that we have to get done. MR. CUDDY: I understand. RESULT: ADJOURNED [UNANIMOUS] Next: 6/15/2010 7:30 PM MOVER: Albert Krupski Jr., Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Krupski Jr., Evans, Russell ABSENT: Christopher Talbot Closing Statements Supervisor Russell SUPERVISOR RUSSELL: Okay. That concludes the meeting. up and address the Town Board on any issue? (No response) adjourn? Would anybody like to come Okay, can I get a motion to Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:11 P.M. RESULT: ADOPTED ]UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: ABSENT: Southold Town Clerk Ruland, Orlando, Krupski Jr., Evans, Russell Christopher Talbot