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HomeMy WebLinkAboutTB-09/07/2010ELIZABETH 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 MINUTES September 7, 2010 7:30 PM A Regular Meeting of the Southold Town Board was held Meeting Hall, 53095 Main Road, Southold, NY. Supervisor PM with the Pledge of Allegiance to the Flag. Call to Order 7:30 PM Meeting called to order on Septemb~ Southold, NY. I. Reports Town Clerk Recreation Department ~ II. Public Notices 1. Application to Army IlL 1. North Fork Au 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 9:00 A.M. - Appeal Hearing 10:3 Peconic Estuary Program Melissa Spiro 11:45 A.M. - Grant for Coastal Hazard Planning Erosion Hazard Board Section I I I Study for Mattituck Inlet Update Set Interviews for Part-Time Clerk Typist Special Events Working Group Change of Zone Application Deer Fencing Local Law, Set Public Hearing Control of Noise Pollution Local Law, Set Public Hearing Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork.net t 7:30 53095 Route 25, September 7, 2010 Page 2 Southold Town Board Meeting Minutes 15. Parking on Mill Lane, Set Public Hearing 16. EXECUTIVE SESSION - Litigation Strategy 17. EXECUTIVE SESSION 1:30 P.M. - Mike Verity Special Presentation 7:30 P.M. SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance. Thank you. Before I get the meeting started, I am going to make a presentation to a lady who we all know. The concert on the green in Southold that is held every Wednesday I believe, Wednesday evenings in the summer has been organized for the past 20 years by Peggy Murphy. Her last concert was just about a week or so ago. The Town Board could not make it because we unfortunately had scheduled a hamlet meeting in Cutchogue. It would have been a more fitting venue to present something to you at that and I am sorry for that but it was an important event that this Town Board wanted to acknowledge, so we asked Peggy to come tonight with Mrs. Wells and Mrs. Mellas, who have been helping her right along for the last 20 years. So would you please come on up? Congratulations on such a nice job for twenty years. PEGGY MURPHY: Inaudible. First I want to thank you for acknowledging the effort that (inaudible) We graduated Southold High School together in 1951 and now we are graduating from twenty years worth of concert series. Believe me, it would not have happened without iheir efforts. I would like to also mention other folks who contributed along the way. Your counterpart, in 1990 Scott Harris and his crew, they supported the concept when I came to them and then they handed out a little starter cash, too, which was really very nice. Town Hall, Jim McMahon, Jim wrote the first grant to the New York State Council on the Arts for us and then he patiently and it did require patience, walked me through the process for the next grant. Sound man Don Fisher, you know who he is, Al. Eighteen years and the concert series was more than a job to him. The banners went up 4th of July one year and he said, we should do that every night and so we did, he did. The generous businesses for their consistent financial support and the faithful concert audiences and the musical groups. We became friends and what fun it was to meet them again each summer. Now, I am going to thank (inaudible) I would like to introduce to you Amanda (inaudible) who is picking up the reins on the concert series and I have to say, it is easier saying goodbye knowing she is going to continue the twenty year tradition. So thank you all very much. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Inaudible. I want to again, thank the both of you, reiterate what we had such said about Peggy. I have to tell you, now that I have children, I have taken them there on the Wednesday nights, it is just a wonderful, wonderful time for everybody. It is really a cornerstone to the whole hamlet of Southold. Thank you very much for all of your volunteer efforts over the years. September 7, 2010 Page 3 Southold Town Board Meeting .Minutes COUNCILMAN ORLANDO: Thank you both. SUPERVISOR RUSSELL: Thank you both so much. MS. MURPHY: This is Amanda (inaudible) .... COUNCILMAN ORLANDO: Twenty year commitment. Did you hear what she said? MS. MURPHY: Thank you because that is what I was going to say, I hope twenty years from now (inaudible). But she will do a great job, she has different kinds of experiences that I never had, grant writing will be, she won't need Jim McMahon, believe me. Thank you. SUPERVISOR RUSSELL: Thank you, Peggy. Now, would anybody like to comment on any of the resolutions before we undertake the meeting? On any of the items on the agenda itself?. BENJA SCHWARTZ: Good evening, Benja Schwartz, Cutchogue. Good evening. Scott, I don't see anything on the agenda about the letter that I sent you two weeks ago and a week ago I called you, you said it would be on the agenda tonight, this morning you said you would bring it up but I still, where is the position on the agenda? SUPERVISOR RUSSELL: We actually, you raised some legal issues so I referred it to Martin who is researching. MR. SCHWARTZ: So are we going to have an agenda item or not? SUPERVISOR RUSSELL: Yes, I was just giving Martin the opportunity to research the information. Again, you raised some legal issues in your missive to the Town Board and Martin wants an opportunity to research it. MR. SCHWARTZ: And he has been noticed. He was on notice two weeks before the letter, I had spoken with him. SUPERVISOR RUSSELL: When I checked with him today he said he was still researching it. MR. SCHWARTZ: So are we going to discuss it this evening? SUPERVISOR RUSSELL: I don't anticipate discussing it but you are welcome to bring it up at the end of the meeting. MR. SCHWARTZ: At the end of the meeting. SUPERVISOR RUSSELL: Yes. MR. SCHWARTZ: I will do that. September 7, 2010 Page 4 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Okay. PETER TERRANOVA: Good evening, Peter Terranova from Peconic. I just wish to bring to the Board's attention, you are going to vote on a resolution to set a public heating for the parking on Mill Lane. I believe there is a clerical error that I just wish to, I think the Board should look at. It has to do with and I just noticed this myself, we got name of street Inlet Road, Mill Lane, Mill Road and the third one was Soundview Avenue and it says at Peconic from the northerly terminus of Inlet Drive aka Mill Lane, westerly to a private road known as Huntington Boulevard. I believe that's Sound Avenue because at the end of Mill Lane, if you go west from there it is Sound Avenue and Sound Avenue is a private road, so I am just a little confused about that, I believe it is a clerical issue. Something got lost in the translation. SUPERVISOR RUSSELL: Yes, I think it should say presumably southerly. That would be the direction you are going to go to get to County Route 48. MR. TERRANOVA: Yes but they are saying westerly to a private road known as Huntington Boulevard. To get to Huntington Boulevard, you go on Sound Avenue west and Sound Avenue is a private road. COUNCILMAN TALBOT: It is shown on the tax map as Soundview Avenue and that is probably where they got that from but we will verify that... MR. TERRANOVA: That is Sound Avenue. Soundview Avenue is, extends .... SUPERVISOR RUSSELL: Soundview Avenue, we have about I would say 1,300, 1,400 feet here listed as a public street. Not as a private street. MR. TERRANOVA: You have got the wrong Soundview Avenue. I mean, at the northem terminus of Mill Lane, which is at the end of Mill Lane, you go down to the parking lot if you go westerly from there, that is Sound Avenue. I live on Sound Avenue, that is my address. And that is a private road. SUPERVISOR RUSSELL: Okay. This, okay .... MR. TERRANOVA: All I am saying is that, I certainly want the public heating to go forward and I just wish that it be clarified because I hate to think that we are prohibiting parking on a private road of a different name. SUPERVISOR RUSSELL: We wouldn't presume to do that. COUNCILMAN KRUPSKI: We could do it, it just wouldn't mean anything. SUPERVISOR RUSSELL: I believe also that was a remnant of the existing code which very well may have required no parking. Whether we had the authority to do that 30 years ago or not, we will find out. September 7, 2010 Page 5 Southold Town Board Meeting Minutes MR. TERRANOVA: Okay, thank you. SUPERVISOR RUSSELL: Sure. Would anybody else like to address the Town Board on any of the resolutions, any of the agenda items? Hearing none. V. Resolutions 2010-682 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated September 7, 2010. gt Adopted [] Adopted as Amended Yes/Aye N~/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando seconder [] [] [] [] [] Withdrawn chrisiopher Taibo~ Voter F~ [] [] [] [] Supervisors Appt ~l~ ~psk! ~c: yp~ [] 13 [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-683 CA TEGOR Y: DEPARTMENT: Set Meeting Town Clerk Set Next Meeting for Tuesday, September 21, 2010 at 4.'30 PM RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, September 21, 2010 at the Southold Town Hall, Southold, New York at 4:30 P. M.. Vote neeo~ - Res°lufion RE$-2010-683 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] ~ [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] Louisa P. Evans Initiator [] [] [] [] [] Rescinded Voter [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt 2010-687 September 7, 2010 Page 6 Southold Town Board Meeting Minutes Tabled 8/24/2010 4:30 PM CA TEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation Girards - SEQRA & Elect to Purchase Der Rights TO BE TABLED WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development fights easement on a certain parcel of property owned by 6900 Wickham Avenue, LLC (Girards) on the 24th day of August, 2010, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-107.-10-10.1. The address is 6900 Wickham Avenue. The property is located in the A-C zoning district and is on the southerly side of Wickham Avenue, approximately 963.50 feet from the southwesterly intersection of County Road 48 and Wickham Avenue in Mattituck, New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 8.26± acres (subject to survey) of the 10.14- acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the easement will be acquired using Community Preservation Funds. The purchase price is $63,000 (sixty-three thousand dollars) per buildable acre for the 8.26± acre easement plus acquisition costs; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Pre§ervation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; and, September 7, 2010 Page 7 Southold Town Board Meeting Minutes WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by 6900 Wickham Avenue, LLC (Girards), identified as part of SCTM #1000-107.-10-10.1. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review)of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] El [] Tax Receiver's Appt ~oter [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] : [] [] [] [] Supt Hgwys Appt Next: Sep 21, 2010 4:30 PM 2010-688 Tabled 8/24/2010 4:30 PM CATEGORY: Attend Seminar DEPARTMENT: Highway Department Attend Seminar - Peter Harris RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Itighway Superintendent Peter W. Harris to attend the Suffolk Court .ty ltlv_hwav Superintendents' Association Conference to be held at the Pridwin Hotel, Shelter Island, New York, on September 12, 13 & 14, 2010. The cost of the seminar is $100.00 and travel to be by Ferry at $20.00; registration and travel expenses to be a legal charge to the 2010 Highway Department budget. September 7, 2010 Southold Town Board Meeting Minutes Page 8 [] Adopted [] Adopted as Amended yes/~ye No/Nay Abstain Absent [] Defeated William Rulmad Voter [] [] [] [] [] Tabled vine~t ~iando lni~i~t0r ~ 13 13 rl [] With~a~vn 0 0 0 13 Christopher Talbot Voter [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Voter [] Town Clerk's Appt Scott Russeil ~ [] 13 [] [] Su~ Hl~vys Appt 2010-689 Tabled 8/24/2010 4.'30 PM CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to Wounded Warrior Project to Hold Its First Annual North Fork Soldier Ride On Saturday, September 18, 2010 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Wounded Warrior Project to hold its First Annual North Fork Soldier Ride on Saturday, September 18, 2010. The ride to commence at Mitchell Park, Greenport at 9 AM and proceed west on Route 25 to Mattituck Fire Department, north on Love Lane to Route 48 and east to Orient Point and then back to Greenport, provided they provide written approval from the Village of Greenport and 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. All town fees for this event shall be waived. '/Vote Record ~ R~uflon RES-2010-689 , [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Initiator [] [] [] D [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt H~vys Appt Statement regarding resolution 689 COUNCILMAN KRUPSKI: We had a lot of discussion about this, we tried to be conscious of all the businessmen out here, of road closures and whatnot during out short business season and this seems like this is a very good cause and will have no impact on road closures and whatnot. SUPERVISOR RUSSELL: We wanted to make sure, you know, every time we are asked to close a road there is certain out fall which is the businesses but in reviewing this the captain, with Councilman Krupski and others, we believe that everything was thought of to keep traffic September 7, 2010 Page 9 Southold Town Board Meeting Minutes moving at a regular pace. There will be no closing, it is going to be a rolling closing as they hit each intersection but every effort has been made to keep traffic moving right along and also the hours from 9:00 AM to 10:30 AM should also be a factor in not disrupting the local businesses. COUNCILMAN ORLANDO: And that is a great cause. SUPERVISOR RUSSELL: We are proud to host this. COUNCILMAN KRUPSKI: Absolutely. 2010-690 CATEGORY: DEPARTMENT: Budget Modification Solid Waste Management District SWMD Budget Mod - Chevy Repairs Fiscal Impact: Shifts revenue from 3rd party insurance to new appropriation line to cover Chevy p/u damaged in 5-4-10 MVA. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 Solid Waste Management District budget as follows: T._.qo Revenues: SR.2680.00 Insurance Recoveries T._.~o Appropriations: SR.8160.4.100.685 Repairs Chevy P/U Truck $1,844.26 $1,844.26 Vote R~eord - Re~olution RE~2010-690 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] 13 Withdrawn Chfist0pher Tal!~0~ Sec0~der [] [] [] [] [] Supervisor's Appt Albert Kmpski Jr. Voter [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scot~ Russell Voter [] [] [] [] D Supt Hgwys Appt 2010-691 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Public Works Fence - Police Impound Area September 7, 2010 Page 10 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby authorizes an increase of $175 to the Contract with Robert Bohn Contracting, Inc., adopted by Resolution 2010-401, on June 1, 2010, in connection with the installation of chain link fence and gate at the Southold Police Department. ~{ Adopted [] Adopted as Amended Yes/Aye NofNay Abstain Absent [] Defeated William Ruland Seconder [] 13 [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Ta!b0t Initiator [] [3 [] [] [] 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 2010-692 CATEGORY: DEPARTMENT: Bid Acceptance Public Works Demolition of the Scavenger Waste Plant RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of D. F. Stone Contracting~ LDT~ 1230 Station Road~ Medford~ NY 11763 to decommission the Scavenger Waste Plant~ Moores Lane~ Greenport~ NY~ in accordance the plans and specifications prepared by L.K. McLean Associates~ PC in the amount of $673,498, all in accordance with the Town Attorney. [] Adopted [] Adopted as Amended Yes/Aye No,Nay Abstain Absent. [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn ~hri~t0Pher Ta bot Voter [] [] [3 [] [][] TaxSupervis°r'SReceiver'sAppt Appt Albert Krupski Jr. yp~er [] [] [] FI 2010-693 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Public Works Scavenger Waste Plant Demolition RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute and Agreement with D.F. Stone Contracting~ LTD~ 1230 Station Road~ Medford, NY 11763~ to decommission the Scavenger Waste Plant~ Moores Lane~ Greenport~ NY, all in accordance with the plans and specifications prepared September 7, 2010 Page 11 Southold Town Board Meeting Minutes by L.K. McLean Associates, PC, in the amount of $673,498, all in accordance with the approval of the Town Attorney. Vote Record - Re~91ution RE8-2010-69'3 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Supt H~c~s Appt 2010-694 CA TEGOR Y: DEPARTMENT: Consulting Public Works Scavenger Waste Plant - Construction Monitoring RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of L. K. McLean Associates~ P.C. for professional services relative to the decommissioning of the scavenger waste facility~ Moores L ane~ Greenport~ NY in the amount of $15,200, all in accordance with the Town Attorney. ~' V0tb Record - ReSOlution RKS-2010-694 [] Adopted [] Adopted as Amended Yes/AY~ No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisors Appt [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgw~s Appt Comments regarding resolution 694 SUPERVISOR RUSSELL: I just want to quickly clarify, that seems like a staggering amount of money. This is a contractual obligation that was created years ago by our predecessors and we have to honor it. This is the decomissioning of the Scavenger Waste plant that sits on Moore's Lane. You might remember a few years back under a previous Supervisor, it became a very large bone of contention with the Village, the Town Board opted at this point to go ahead and get the work done. The bid was half of what our original estimates were. On top of that, because we have such good bond rating, we actually just sold the bands to finance this project for a .58 % interest rate. That is .58 % interest rate. That is a Town Board of six people that are running a ~ ~ght fiscal 2010-695 CATEGORY: Consulting September 7, 2010 Page 12 Southold Town Board Meeting Minutes DEPARTMENT: Public Works Scavenger Waste Plant - Professional Services RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to sign a proposal for professional services in connection with construction monitoring and administration duties, in reference to the decommissioning of the scavenger waste facility, Moores Lane, Greenport, NY in the amount of $15,200, all in accordance with the approval of the Town Attorney. Vote R~ord- Resolution RES-2010-695 [] Adopted [] Adopted as Amended ~ Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Voter [] Tax Receivers Appt [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-696 CATEGORY: DEPARTMENT: Attend Seminar Building Department TrainingSeminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Electrical Inspector Roger Richert to attend a seminar on 2008 NEC Analysis of Code Changes in Riverhead~ New Yoriq on Saturday September 18~ 2010. All expenses for registration, travel to be a legal charge to the 2010 Building Department budget (meetings and seminars). Vote R~ord- R~solution RES-2010-696 , [] Adopted [] Adopted as Amended yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Tabot In iator ~ [] [] [] [] [] Supervisor's Appt ~ [] Tax Receiver's Appt A!bert ~Psk! Jo: x/pier ~ [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hlgwys Appt 2010-697 CATEGORY: DEPARTMENT: Attend Seminar Building Department Training Seminar on 2010 Code Update September 7, 2010 Page 13 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby grants permission to Building Permits Examiner Patricia Conklin, Zoning Inspector Damon Rallis~ Fire Inspector Robert Fisher and Chief BuildlnR Inspector Michael Verity to attend a seminar on 2010 Code Update in Quogue, New Yorlq on September 21~ 2010. All expenses for registration, travel to be a legal charge to the 2010 Building Department budget (meetings and seminars). [~ Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated W am Ru and Initiator [] [] [] [] [] Tabled Vincent Orlando Voter [] Withdrawa ~ 0 [3 0 Chfistophex Talbot Voter [] Supervisor's Appt ~ [] [] [] ~lb~ r~-up~ ~ Voter [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-698 CA TEGOR ¥: DEPARTMENT: Misc. Public Heating Supervisor Set 7.'32 PM, Tuesday, October 5, 2010for a Public Hearing to Hear Citizens Views on Local Housing and Community Development Needs RESOLVED that the Town Board of the Town of Southold hereby sets 7:32 PM, Tuesday, October 5, 2010, Southold Town Hall, 53095 Main Road~ Southold, New York 11971, as the time and place for a Public Hearing to hear citizens views on local housing and community development needs to be met with approximately $130,000 in Community Development Block Grant funds the Town of Southold expects to receive in April 2011 and authorizes the Town Clerk to publish an "Announcement of Public Hearing Notice". Vote Re~ord - Resolution RES-2010-698 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled [] [] [] [] Vincent Orlando Initiator [] Withdrawn Christopher Tabot Voter [~ [] [] [] [] Supervisors Appt Albeit Krupski Jr, Seconder [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgw),s Appt 2010-699 CATEGORY: DEPARTMENT: Budget Modification Accounting Budget Mod - 2010 Gen Fund Whole Town -Donation September 7, 2010 Page 14 Southold Town Board Meeting Minutes Fiscal Impact: Modification to reflect donations made to the ABTF RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Whole Town budget as follows: T~o Revenues: A.2705.40 T__Ro Appropriations: A.1010.4.600.775 Gifts & Donations Other Donations $310.00 Town Board, C.E., Miscellaneous Anti-Bias Task Force $310.00 [] Adopted [] Adopted as Amended Yes/Aye No/Nay : Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando Voter [] [3 [] [] [] Withdmwa ~ O [] D Christopher Talbot Voter [] Supervisor's Appt ~!b~ ~psk! Jr, Initiator [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded [] Tom Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-700 CATEGORY: DEPARTMENT: Employment - Town Accounting Nys Gfoa Li Regional Fall Conference RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town Comptroller John Cushman and DepuW Town Comptroller Connie Solomon to attend the NYS GFOA Long Island Regional Fall Seminar in Great River~ New York on Tuesda¥~ October 5~ 2010. All expenses for registration and travel will be a legal charge to the 2010 Accounting & Finance Department budget, Meetings and Seminars (A. 1310.4.600.200). [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated ~iiiiam Ruland Voter [] [] [] [] [] Tabled Vineen~ Or ~do ~er [] [2] [] O [] withd~aw~ ~H,her T~ibo~ ~hd~ 0 0 0 [] [] Supervisor's Appt A!b~ ~P~ Jr: Voter [] D [23 D [] Tax Receiver's Appt Louisa P. Evans Initiator [] [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt September 7, 2010 Page 15 Southold Town Board Meeting Minutes 2010-701 CATEGOR~ DEPARTMENT: Employment - Town Accounting Permission to Attend NYBEAS Seminar Accounting Dpt RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town Comptroller John Cushman and Secretarial Assistant Christine Foster to attend a New York State Health Insurance Program 0NYSHIP) Regional Meetin~ in Haunoauge~ New York on Thursday~ October 7~ 2010. All expenses for registration, travel to be a legal charge to the 2010 Accounting Department budget (meetings and seminars) A. 1310.4.600.200. ~r V0teR~ord- Re~olutlOn RES-2010-70t ~ Adopted [] Adopted as Amended Yes/Aye ~ No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Voter I~ [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] Supt Hgwys Appt 2010-702 CATEGORY: DEPARTMENT: Employment - Town Accounting Acknowledges Intent to Retire James Roache RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of James D. Roache from the position of Automotive Equipment Operator for the Highway Department, effective October 14, 2010. ~ Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated W am Ru and Initiator [] [] [] [] [] Tabled V ~i O~ and0 ~6nd~ gt Fi 0 0 [] Withdrawn gl Fi 0 Christopher Talbot Voter [] Supervisoes Appt Aibh Kmpski J~i voter gl [] ~ [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] : [] ~ [] [] Supt H~vys Appt 2010-703 CA TEGOR Y: DEPARTMENT: Employment - Town Accounting Acknowledges Intent to Retire Michael Gaydosik September 7, 2010 Page 16 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Michael Gaydosik from the position of Highway Labor Crew Leader for the Highway Department, effective October 14, 2010. [] Adopted [] Adopted as Amended ye~Ay~ No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] E] Tabled Vincent Orlando Initiator ~ D [3 [] [] Supervisor's Appt iib~ [ i [] Tax Receiver's Appt ~iS~ gl E~ans Voter [] [] [] [] [] ReseMded [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt H$wys Ap~t 2010-704 CATEGORY: DEPARTMENT: Employment - Town Accounting Acknowledges Intent to Retire Terry Pace RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Terry Pace from the position of Auto Mechanic IV for the Highway Department, effective October 14, 2010. ge Vote ~rd* Resolution RES-2010-704 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated W am Ru and Seconder [] [] [] [] lq Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Votex [] [] [] [] [] Supervisors Appt Albert Krapski Jr. Initiator [] [3 [] [] [] Tax Receiver's Appt [] [] [] [] Lou sa P Evans Voter [] Rescinded Voter [] Town Clerk's Appt Scott Russell · [] [] [] [] [] Supt H~wys Appt 2010-705 CATEGOR~ DEPARTMENT: Employment - Town Accounting Acknowledges Intent to Retire Andrew Lutkowski RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Andrew K. Lutkowski from the position of Maintenance Mechanic III for the Buildings and Grounds Department, effective October 1, 2010. September 7, 2010 Page 17 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended yeS/Ay~ No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] VI [] [] Tabled Vincent Orlando Voter [] Withdrawn Christopher Talbot Seconder [] [] [] 13 [][] TaxSUpervis°r'SReceiver'sAppt Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Lou sa P Eyans Initiator [] [] [3 [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-706 CATEGOR~ DEPARTMEN~ Emp.loyment - Town Accounting Acknowledges Intent to Retire Joseph Blados RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Joseph Blados from the position of Maintenance Mechanic III for the Highway Department, effective September 20, 2010. [] Adopted [] Adopted as Amended Ye~Ay~ No/Nay Abstain Absent [] Defeated William Ruland x/~ [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn C~siopher Taib~t ~iiiai~ ~ Di El 0 [] Supervisor's Appt A!be~ ~ps~ ~[: vp~er ~ O [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-707 CA TEGOR Y: DEPARTMENT: Employment - Town Accounting Administrative Leave of Absence Employee #0691 RESOLVED that the Town Board of the Town of Southold hereby approves an administrative leave of absence to employee #0691 from September 8, 2010 to September 17, 2010. ~' V0te Ret°rd. Reso aflon REs;2010~707 [] Adopted [] Adopted as Amended yes/Aye N0~NaY Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando ~ecohder [] [] [] [] [] Withdrawn c~ioph~ TaibOt V0i~ Z Fl F1 [] [] Supervisoes Appt ~!~ Kmp~ki Jr. y~er [] [3 [3 El [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt H~wys Appt September 7, 2010 Page 18 Southold Town Board Meeting Minutes 2010-708 CA TEGOR Y: DEPARTMENT: Employment - Town Accounting Resignation of Mary Beth Gramazio - HRC RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Mary Beth Gramazio from the position of Senior Citizen Aide II for the Human Resource Center~ effective September 9, 2010. ,~' V~e Record - Reaolaflon RES-2010-708 [~ Adopt~ ~ Wi~dm~ C~stoph~ Taint Vot~ ~ ~ ~ ~ ~ R~Md~ ~uisa P. Evans Vot~ ~ ~ ~ ~ ~ Supt Hgwys Appt Comments regarding resolution 708 SUPERVISOR RUSSELL: I think everybody is probably already aware ora recent state initiative, rolling out a retirement incentive. Some of the longer term employees that have been working for the town have decided to take advantage of that opportunity. The problem with retirement incentives, it does reduce your payroll but you lose good men and good women and xye ~grt{finl~ ta!~.~ ~r~tents to retir~ ~!~.[~g[~ ~l~ut we underseas)d: 2010-709 CA TEGOR Y: DEPARTMENT: Budget Modification Town Clerk Budget Modification Contingencies to Central Copy Fiscal Impact: Provide funding for a new copy machine in the Town Attorney's office 09/08/10 A.1990.4.100.100 ' Unallocated Contingencies $585.00 Copy Machine Town Attorney RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2010 Budget as follows: From: A. 1990.4.100.100 To: A. 1670.2.200.500 Unallocated Contingencies Central Copying & Mailing Office Equipment $585. September 7, 2010 Page 19 Southold Town Board Meeting Minutes Copy Machine $585. Vote Record - Resolution RE8-20t0-709 [] Adopted [] Adopted as Amended · Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] Fl [] [] Withdrawn Christopher Talbot Voter [] [] [] ~[] [] Supervisors Appt Albert Kmpski Jr. Initiator [] [] [] [3 [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-710 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Clerk Lease Agreement Canon Copy Machine Town Attorney Fiscal Impact: Budget Modification of $585.0O from Contingencies to Central Copying & Mailing RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement with Canon Financial Services in connection with the lease of one (1) Canon IR 3245i copy machine for use by the Town Attorney at a monthly cost of $195.00 for a period of sixty (60) months from the date of installation, all in accordance with the approval of the Town Attorney. ~' V0t~ R~ogd, Resolafl~n RESt2010;710 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] VI 13 13 [] Withdrawn Christopher Talbot Seconder ~ [3 ~ [] [] Supervisor's Appt Albert Kmpski ~r. Voter ~ [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Initiator [] E1 [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hll:WyS Appt 2010-711 CA TE G O R Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Acquisition Agreement Lease or Purchase Between the Town of Southold and Canon Business Solutions, Inc. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Acquisition Agreement Lease or Purchase between the Town of Southold and Canon Business Solutions~ Inc., in connection with the lease of one (1) Canon IR-3225 copy machine for use by the Human Resource Center at a September 7, 2010 Page 20 Southold Town Board Meeting Minutes monthly cost of $185.00 for a period of forty-eight (48) months from the date of installation, subject to the approval of the Town Attorney. ~' ¥ot~ Rae~r~ - R~solution RES-2010-711 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando Voter [] [] 13 [] Fl Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Voter [] FI [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-712 CATEGOR~ DEPARTMENT: Budget Modification Accounting Budget Modification Interpretative Signage Project Fiscal Impact: Appropriate state and federal aid for completion of first part of Phase Il for the Interpretive Signage project, which is completion of plans and preparation of the RFP by The RBA Group ($17,820.65 woth of work paid in 2009, $27,179. 35 worth of work still to be completed). RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2010 budget as follows: Inereflse: Revenues: A.3597.20 A.4597.20 Increase: Appropriations: State Aid, Interpretive Signage Federal Aid, Interpretive Signage TEA21 $2,180 $25,000 A.1010.4.600.720 Town Board, Interpretative Signage $27,180 [] Adopted [] Adopted as Amended ~s/Ay~ ~p~ay Ab~ai~ Ab~n~ [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Sup~rvisor's Appt Aibert KrUpski jr. Voter [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt Comments regarding resolution 712 SUPERVISOR RUSSELL: This has a, probably, this has been a project that preceded myself, Councilman Krupski and others, started a long time ago. The idea is to focus on interpretive September 7, 2010 Page 21 Southold Town Board Meeting Minutes signage to more or less develop signage that is consistent throughout the whole town and that people wouldn't rely on more, the signs that you see pop up all over the place. It also creates kiosks for the public that are coming to the town, for the tourists to get information. It is probably not something that should be a priority in this economic climate but it started years ago. I am willing to see the project through. COUNCILMAN KRUPSKI: I voted against it, I don't think it is a bad idea, it is just that the State is broke and we are struggling because of the way the State managed its pension fund and we have t° pay for that. I think it is the last thing we need to spend money on. 2010-713 CA TEGOR Y: DEPARTMENT: Attend Seminar Police Dept Grant Permission to Detective Steven Harned to Attend a Taser Recertification Course RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective Steven Harned to attend a Taser Recertification Course at the Suffolk CounW. Sheriff's Office~ in Westhampton~ New York~ on Friday~ October 8~ 2010. All expenses for registration and travel to be a legal charge to the 2010 Police Training budget line - A.3120.4.600.200. Travel is to be by department vehicle. ~r Vote Re%rd. Re$o Ution RES.2010-713 ;; gl Adopted [] Adopted as Amended Y~s/AYe N0~ay Abstai~ AbS~ [] Defeated William Ruland Voter gl [] [] [] i [] Tabled Vincent Orlando Initiator gl [] [] [] [] Withdrawn ~Sig~ll~'rhi~t %ter ~ [] [] [] [] Supervisor's Appt Albert Kmpski Jr. Seconder [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-714 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Sign the Termination of Contract~Release and Discharge Agreement Between the Town of Southold and the New York State Department of Environmental Conservation in Connection with the Termination of Contract #T303607, Aquatic Invasive Species Eradication Grant Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to sign the Termination of Contract/Release and Discharge Agreement between the Town of Southoid and the New York State Department of Environmental Conservation in connection with the termination of Contract #T303607~ Aquatic Invasive Species Eradication Grant Program, subject to the approval of the Town Attorney. September 7, 2010 Page 22 Southold Town Board Meeting Minutes Vote Re~ord - Resolution RES-20t0~TI4 [] 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 Kmpski Jr. Initiator [] [] [] [] [] Tax Receivegs Appt [] Rescinded Louisa P. Evans Voter. [] · [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hp,~s Appt 2010-715 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Amend Resolution No. 2010-664 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2010-664 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute Supplemental Agreement #2 between the New York State Department of Transportation and the Town of Southold in connection with the improvements to North Fork Trail along CR 48 project (PiN 0758.90), amending the Contract end date to 6/30/12 and increasing the funding to $76~250 .... ^ ~* ...... and be it fmther RESOLVED that the Town Board of the Town of Southold hereby authorizes the advancement of funds in the sum of $31~250~ appropriated from the General Fund Whole Town, Town Board Interpretative Signage Project (A.1010.4.600.720)~ in connection with the increase in funding for this project from the original funding amount of $45~000 to the increased amount of $76,250~ subiect to the approval of thc Town Attorney. [] Adopted [] Adopted as Amended ~s/A~ N0(N~ Abstai~ Absen~ [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voier r~ [] [] [] ' [] Supervisor's Appt [] Tax Receiver's Appt Albea Kmpski Jr. Voter [] [] lq [] [] RescInded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [~ [] [] [] Supt H~wys Appt 2010-716 CATEGORY: DEPARTMENT: Bid Acceptance Fishers Island Ferry District September 7, 2010 Page 23 Southold Town Board Meeting Minutes Accept the Bid of Axtell 's, Inc. of Jermyn PA, for the Contract Titled "Elizabeth Field Airport Runway Crack Repair and Sealing - Phase II" in the Amount of $172, 796. O0 RESOLVED that the Town Board of the Town of S outhold, at the request of the Fishers Island Ferry District and recommendation of C&S Companies, hereby accepts the bid of Axtell's, Inc. of Jermyn PA, for the contract titled "Elizabeth Field Airport Runway Crack Repair and Sealing - Phase 1I" FAA AIP No. 3-36-0029-18-10 (D&C), NYSDOT Project No. 0913.18 (D&C) in the amount of $172~796.00, all in accordance with the Town Attorney. [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruiand Seconder [] [2] [] [] [] Tabled Vincent Orlando V0~er [] [] 13 FI [] Withdrawn [] Supervisor's Appt Christopher Talbot Initiator [] [] [] [] [] Tax Receiver's Appt Albert Kmp~ki Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter I~ [] [] [] [] Town Clerk's Appt Scott Russell Voter ~ [] [] [] [] Supt Hgwys Appt 2010-717 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Fishers Island Ferry District Authorize and Direct Supervisor Scott A. Russell to Execute the Agreement Between the Town of Southold and Axtells, Inc. for the Fishers Island Elizabeth Field Airport Runway Crack Repair and Sealing Project-Phase II in the Amount of $172, 796. O0 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and Axtells~ Inc. for the Fishers Island Elizabeth Field Airport Runway Crack Repair and Sealin~ Project-Phase II in the amount of $172,796.00 in connection with NYS DOT Project Nos. 0913.18(D&C) and FAA AIP Nos. 3-36-0029-18-10(D&C), subject to the approval of the Town Attorney. ~' ¥~ Record. Resolution RES-20t0-717 , [] Adopted [] Adopted as Panended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Chris~0pher Talbot Seconder [] [] [] [] [] 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 Comment regarding resolution 717 JUSTICE EVANS: And just to point out, the amount in the resolution before and this resolution ~r~ ~ d!ffer~pl ~p~l~ ~ lh~ ~p~ 6t~lpmey make sm'e w.¢.h~y~ [lae correct am0unts~ September 7, 2010 Page 24 Southold Town Board Meeting Minutes 2010-718 CATEGOR~ DEPARTMENT: Budget Modification Human Resource Center Reallocate Earnings Fiscal Impact: Reallocate funds from part time employee to Full time employees sick earnings. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Whole Town budget as follows: From: Appropriations: A.6772.1.200.100 To~: Appropriations: A.6772.1.100.400 Programs for the Aging Personal Services Part-time employees Regular earnings $6,500.00 Personal Services Full-time employees Sick Eamings $6,500.00 Vote Record - Re~olution RlgS-~1010-718 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-719 CATEGORY: DEPARTMENT: Budget Modification Solid Waste Management District SWMD Budget Mod - 966 CAT Fiscal Impact: Need to purchase a new cutting edge for the 966 bucket. Quarry truck line of $2000 not likely to be used th is year. RESOLVED that the Town Board of the Town of Southold hereby modifies thc 2010 Solid Waste Management District budget as follows: September 7, 2010 Page 25 Southold Town Board Meeting Minutes From: SR 8160.4.100.566 Maint/Supplies-CAT Quarry Track To: SR 8160.4.100.551 Maint/Supplies-CAT 966 Loader $1,500 $1,500 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Absta n Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando Voter g~ 13 [] [] [] Withdrawn Christopher Talbot Voter [] FI Fl [] [] Supervisor's Appt ~ [] Tax Receiver's Appt AIberl Krupski Jr. Initiator ~ [] [] [] [] Rescinded Louisa P. Evans Voter [] [] : [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-720 CATEGORY: DEPARTMENT: Attend Seminar Town Clerk Grant Permission to Vicki Toth to Attend a Seminar on 2010 Code Update RESOLVED that the Town Board of the Town of Southold hereby ~rants oermission to Vicki Toth to attend a seminar on 2010 Code Update in Quogue~ New Yorlq on September 21~ 2010. All expenses for travel to be a legal charge to the 2010 ZBA Part-Town Budget, B.8010.4.600.300(meetings and seminars). Vote Record - Re~olution R~Ig.2010-720 [] Adopted [] Adopted as Amended Yes/Axe No/Nay Absta n Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisors Appt [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P, Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-721 CATEGORY: DEPARTMENT: Attend Seminar Town Clerk Grant Permission to .lames Richter, Town Engineer, to Attend a Seminar on 2010 Code Update RESOLVED that the Town Board of the Town of Southold hereby grants permission to James Richter, Town Engineer, to attend a seminar on 2010 Code Update in Quogue~ New York, on September 22~ 2010. There were will be no charges to the Engineer's budget for this seminar. September 7, 2010 Page 26 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2010-721 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn [] Supervisor's Appt Christopher Talbot Initiator [] [] [] [] [] Tax Receiver's Appt Albert Krapski Jr. Voter [] [3 [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hpvys Appt 2010-722 CA TEGOR Y: DEPARTMENT: Attend Seminar Town Clerk Peconic Estuary Program 2010 Conference RESOLVED that the Town Board of the Town of Southold hereby grants permission to James Richter~ Mark Terry. and John Sepenoski to attend a 2010 Call to Action Conference by the Peconic Estuary Program~ on September 20~ 2010 in Southampton~ New York. There are no expenses to be incurred; travel in a town vehicle. ~ V6te Reeard ~ Res°iutton RES-20i0.?22 [] Adopted [] Adopted as Panended y~s/Ay~ N~(Na~ Abstain Absent [] Defeated William Rul~md Initiator [] [] : [] [3 [] Tabled Vincent Orlando Seconder : V~ [3 [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt [] Tax Receivers Appt Albea Krupski Jr. Voter , [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Sco6 Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-723 CATEGOR~ DEPARTMENT: LocalLawPublicHeafing Town Attomey LL/ParMng Mill Road Set PH WHEREAS, there has been.~resented to the Town Board of the Town of Southold, Suffolk. County, New York, on the 7"' day of September, 2010, a Local Law entitled "A Local Law m. relation to Parking on Inlet Road (a/k/a Mill Lane)~ Soundview Avenue~ and Mill Road in the area between Route 48 and Goldsmiths Inlet" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 5th day of October, 2010 at 7:34 p.m. at which time all interested persons will be given an opportunity to be heard. September 7, 2010 Page 27 Southold Town Board Meeting Minutes The proposed Local Law entitled, "A Local Law in relation to Parking on Inlet Road (a/Ma Mill Lane)~ Soundview Avenue~ and Mill Road in the area between Route 48 and Goldsmiths Inlet" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law in relation to Parking on Inlet Road (a/Ma Mill Lane)~ Soundview Avenue~ and Mill Road in the area between Route 48 and Goldsmiths Inlet". BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose. Parking associated with the public's use of Goldsmiths Inlet in the hamlet of Peconic has resulted in conditions that impact the public health, safety and welfare in the surrounding community. These conditions consist of undue congestion, restrictions on access and maneuverability as well as dangerous traffic impacts. Accordingly, it is necessary to impose a range of parking limitations in this area to protect the residents of the Town and restrict the public's ability to block the ordinary flow of traffic and the orderly use of Town facilities by Town residents. Accordingly, amendments to Chapter 189 and 260 are warranted. II. Chapter 189 of the Code of the Town of Southold is hereby amended as follows: §189-2. Designation of parking areas requiring permits. B. The following road end areas are hereby designated as Town of Southold "Parking by Southold Town Permit Only" areas: (57) Inlet Road (aftra Mill Lane), Peconic, along both sides between Soundview Avenue and a private road known as Second Avenue. III. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: § 260-8. Parking prohibited at all times. Name of Street Side Inlet Road (a/k/a Mill Lane) Both Mill Road Both Location At Peconic, from the northerly intersection of a private road known as Miami Avenue and Inlet Road (a/k/a Mill Lane) northerly to the southerly intersection of a private road known as Second Avenue and Inlet Road (a/k/a Mill Lane). At Peconic, between a private road Soundview Avenue Both known as Miami Avenue and County Route 48 At Peconic, from the northerly terminus of Inlet Drive (a/Fda Mill September 7, 2010 Page 28 Southold Town Board Meeting Minutes Lane), westerly to a private road known as Huntington Boulevard IV. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. r~ VOte ~ ~ Re~oluaon R~8-2010-72~ gl Adopted [] Adopted as Amended Yes/Aye No/Nay Absta n Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Initiator ' [] [] [] [] [] Withdrawn chriS~0~her Talbot Voter ' [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-724 CATEGORY: DEPARTMENT: Legislation Town Attorney LL/Parking Mill Road to SCPC & PB RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Parking on Inlet Road {a/k/a Mill Lane)~ Soundview Avenue~ and Mill Road in the area between Route 48 and Goldsmiths Inlet" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled .Vincent orland0 ~fider ~ 13 FI [] [] Withdrawa [] Supervisor's Appt ChristoPher Talbot Voter [] [3 FI [] [] Tax Receiver's Appt Albert Kmpski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Sco~ Russell Voter : gt [] [] [] [] Supt Hgwys Appt 2010-725 CA TEGOR Y: DEPARTMENT: Local Law Public Heating Town Attorney September 7, 2010 Page 29 Southold Town Board Meeting Minutes LL/Deer Fences Set PH WHEREAS, there has been~resented to the Town Board of the Town of Southold, Suffolk County, New York, on the 7 day of September, 2010, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning~ in connection with Deer Fences. RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 5th day of October, 2010 at 7:36 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ Zonine, in connection with Deer Fences "reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ Zoning", in connection with Deer Fences. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this Local Law is to amend §280-105, "height of fences, walls and berms" to allow for deer fencing in residential and non-residential zones to protect the health, safety and welfare of Town residents, business owners and their property from injury and damage due to the growth of the population of deer within the Town. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-105. Height offences, walls and berms. Fences, walls or berms may be erected and maintained, subject to the following height limitations: A. When located in the front yard of residential zones, the same shall not exceed four feet in height when located in the front yard of nonresidential zones, the same shall not exceed six feet in height. B. When located in or along side and rear yards, the same shall not exceed 6 1/2 feet in height. C. In residential and non-residential zones, except properties/parcels engaged in bona fide agricultural production, the installation of a deer exclusion fence may be permitted by obtaining a building permit issued by the Building Inspector, subject to the following criteria: 1. When located in or along side and rear yards, the height of the deer exclusion fence shall not exceed eight feet. 2. Specifications for construction of deer exclusion fences: September 7, 2010 Page 30 Southold Town Board Meeting Minutes (i) Fencing Fabric: high-tensile, woven wire fence fabric with graduated opening; (ii) Spacing Between Posts: 20 feet Deer fencing is prohibited in or along the front yard of any property. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-20t0-725 [] Adopted [] Adopted as Amended yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn [] Supervisor's Appt Christopher Talbot Seconder [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter , [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-726 C.,l TEGOR Y: DEPARTMENT: Legislation Town Attorney LL/Deer Fences to SCPC & PB RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning~ in connection with Deer Fences" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisors Appt Christopher Talbot Initiator ~ ~ [] [] [] Tax Receiver's Appt A!be~ ~PS~! ~[~ Voter [] [3 [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter gl [] [] [] [] Supt Hgwys Appt September 7, 2010 Page 31 Southold Town Board Meeting Minutes 2010-727 CATEGOR~ DEPARTMENT: Local Law Public Heating Town Attorney LL/Noise Ordinance Set PH WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 7t"day of September, 2010, a Local Law entitled "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 5th day of October, 2010 at 7:38 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. A new Chapter 200 of the Code of the Town of Southold is hereby adopted as follows: §200-1. Title. This law shall be known as the "Prevention and Control of Noise Pollution Law of Southold Town." §200-2. Purpose. The gentle pace of life in the Town of Southold has traditionally provided a respite fi.om the noise and turmoil which has become an integral part of life in the city and suburbs and which has even encroached into many resort areas on the East End. Crafting of regulations that are uniquely appropriate for the Town of Southold are aimed to protect this rural, almost nostalgic way of life while providing an atmosphere for businesses to flourish. The existence of unreasonably loud, unnecessary disturbing or unusual noise within the Town has become an increasingly, significant problem during recent years. Such noise pollution which is prolonged, unusual or unnatural in its time, place and use is harmful to the peace, welfare, comfort, safety, convenience, good order and prosperity of the inhabitants of the Town of Southold. It is the public policy and findings of the Town Board that every person is entitled to noise levels that are not detrimental to life, health and the enjoyment of his or her property. The provisions and prohibitions hereinafter enacted are in pursuance of this policy and these findings and for the purpose of protecting and promoting the public health, comfort, convenience, peace, safety, welfare and prosperity of the Town of Southold and its inhabitants. September 7, 2010 Page 32 Southold Town Board Meeting Minutes §200-3. Statutory authorization. This chapter is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through regulations intended to govern noise pollution within the entire Town. §200-4. Def'mitions. As used in this Chapter, the following terms shall have their meanings indicated. AIRBORNE SOUND - Sound that reached the point of interest by propagation through the air. AMPLIFIED SOUND - Sound which has its volume increased by electronic means. CHARITABLE EVENT - An event whose sole purpose is to raise money for a specific charity or non-profit organization. COMMERCIAL SERVICE EQUIPMENT - All engine-powered or motor-powered equipment intended for infrequent service work in inhabited areas, typically requiring commercial or skilled operators. Examples of commercial service equipment are chain saws, log chippers, paving rollers, etc. CONSTRUCTION DEVICE - Any powered device or equipment designed and intended for use in construction. Examples of construction devices are air compressors, bulldozers, backhoes, tracks, shovels, derricks and cranes. dB(A) - The A-weighted sound level in decibels, as measured by a general-purpose sound-level meter complying with the provisions of the American National Standards Institute specifications for sound-level meters, properly calibrated and operated on the A-weighing network. DECIBEL ("dB") - The unit for measuring the volume of a sound based upon the pressure level of a sound. For the purpose of this chapter, the standard reference pressure stated herein will be used to assure a consistent and standard reference for measuring sound. HOMEOWNER'S LIGHT RESIDENTIAL OUTDOOR EQUIPMENT - All engine-powered or motor-powered garden or maintenance tools intended for repetitive use in residential areas, typically capable of being used by a homeowner. Examples of homeowner's light residential outdoor equipment are lawn mowers, garden tools, riding tractors, snowblowers, snowplows, etc. NOISE POLLUTION - Airborne or amplified sound which: A. Causes temporary or permanent hearing loss in persons exposed; or B. Is otherwise injurious, or tends to be, on the basis of current information injurious to the public health or welfare; or C. Disturbs a reasonable person of normal sensitivities; D. Exceeds standards or restrictions established herein; or E. Interferes with the comfortable enjoyment of life and property or the conduct of business. The following are deemed to interfere with the comfortable enjoyment of life and property or the conduct of business: September 7, 2010 Page 33 Southold Town Board Meeting Minutes 1. Yelling or shouting at any time that disturbs the quiet, comfort or repose of person or persons residing or occupying an adjacent or neighboring property. 2. The using of, operating of or permitting to be played, used or operated, any radio, receiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of airbome or amplified sound in such a manner as to disturb the peace, quiet and comfort of the person or persons residing or occupying an adjacent or neighboring property. PERSON - An individual, association, firm, syndicate, company, trust, corporation, department, bureau or agency or any other entity recognized by law as the subject of rights and duties SOUND-LEVEL METER - An instrument for the measurement of noise and sound levels including a microphone, amplifier, an output meter and frequency weighting networks which comply with standards established by the American National Standards Institute (ANSI) specifications for sound-level meters. § 200-5. General prohibition. No person or persons owning leasing or controlling the operation of any source of noise on any lot or structure within the Town shall permit the establishment of a condition of noise pollution. Except as provided in §200-6, the use of amplifiers, speaker or other machines or devices capable of reproducing amplified or airborne sound from the premises, dwelling or building within the Town shall be considered noise pollution and shall be prohibited at all times. § 200-6. Standards. No person shall create or cause to be emitted any noise pollution which when measured at or beyond any lot line of the property on which such noise pollution is being generated, exceeds the following standards: A. Sunday through Thursday: (i) from 7:00 a.m. to 7:00 p.m. airborne or amplified sound in excess of 65 dBA; and (ii) from 7:00 p.m. to 7:00 a.m. airborne or amplified sound in excess of 50 dBA. B. Friday and Saturday: (i) from 7:00 a.m. to 10:00 p.m. airborne or amplified sound in excess of 65 dBA; and (ii) from 10:00 p.m. to 7:00 a.m. airborne or amplified sound in excess of 50 dBA. § 200-7. Exceptions. A. The provisions of §200-5 and §200-6 shall not apply to the following: 1. The intermittent or occasional use between 7:00 a.m. through 7:00 p.m. of homeowner's light residential outdoor equipment with mufflers or commercial service equipment, provided that such activities and such equipment and their use comply with the other provisions hereof. 2. Construction activities between 7:00 a.m. through 7:00 p.m. and the associated use of construction devices or the noise produced thereby, provided that such activities and such equipment and their use comply with the other provisions hereof. September 7, 2010 Page 34 Southold Town Board Meeting Minutes 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Noise from agricultural equipment. Noise from church bells or chimes used. Noise from snowblowers, snowthrowers and snowplows when operated with a muffler for the purpose of snow removal. Non-amplified noise generated from lawful athletic or recreational activities, events, or facilities. Non-amplified noise-organized activities sponsored by any school district, private school or fire district or department within the Town of Southold. Noise from municipally sponsored celebrations or events. Noise from lawful fireworks displays, parades, and other charitable and special events held in accordance with all pertinent provisions of the Southold Town Code. Noncommercial public speaking or public assembly activities conducted on any public space or public right-of-way. Emergency construction or repair work. Noise from the activities of any fire department, ambulance squad or similar emergency or rescue organization in carrying out their official duties. Noncommercial amplified sound that does not exceed the noise standard established in §200-6 of this chapter. Emergency stationary and mobile signal devices. Audible exterior burglar alarms in operation for 15 minutes or less. § 200 - 8. Enforcement. The provisions of this chapter shall be administered and enforced by the Southold Town Police Department and the Southold Town Office of Code Enforcement. § 200- 9. Penalties for offenses. A. Any person who shall violate the provisions of this chapter shall be guilty of a violation punishable by a fine not exceeding $500; and upon conviction of a third or subsequent offense within 18 months, punishable by a fine not exceedingS5,000. If such violation is of a continuing nature, each one hour period of violation of any provision of this chapter shall constitute an additional, separate and distinct offense, B. In addition to any other remedy provided by law, the Town may bring an injunction proceeding to enforce this chapter. II. 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. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. September 7, 2010 Page 35 Southold Town Board Meeting Minutes Vote R~ord -Re~lution RF_8-2010-727 [] 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 Scoil Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-728 CATEGOR~ DEPARTMEN~ Legislation Town Attorney LL/Noise Ordinance to SCPC & PB RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold" to the Southold Town Planning Board and the Suffolk Coun ,ty Department of Planning for their recommendations and reports. ~ Vote ROe°~ ~ Re~olati~n ~8-20!0-72S [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abst~iP ~b~ [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albert Kmpski Jr. Second~ [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] : [] [] [] Rescinded ~ tn [] [] [] Town Clerk's Appt Scott Russell Voter [] Supt Hgwys Appt 2010-729 CATEGORY: DEPARTMENT: Employment - Town Accounting Acknowledges Intent to Retire Denise A. Ross RESOLVED that the Town Board of the Town of Southold hexeby acknowledges the intent to retire of Denise A. Ross from the position of Senior Assessment Clerk for the Assessors Department, effective October 14, 2010. September 7, 2010 Page 36 Southold Town Board Meeting Minutes ~ V0t~ R~eord - R~aolutJoa RIES-10t0-729 ~ Adopt~ ~ Tabl~ Vinc~t ~lando S~ond~ ~ ~ ~ ~ C~stoph~ Tal~t Vot~ ~ ~ ~ ~ ~ T~ R~v~s Appt Alb~ ~ps~ Jr. ~itiator ~ ~ ~ ~ D R~c~d~ ~uisa P. Evans Vot~ ~ ~ ~ ~ ~ To~ Cl~k's Appt Sco~ Russell Vot~ ~ ~ ~ ~ ~ Supt H~ys Appt 2010-730 CA TEGOR ¥: DEPARTMENT: Support/Non-Support Resolution Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute a Letter in Support to the National Oceanic and Atmospheric Administration {WOAA) in Connection with the Nature Conservancy's Grant Award Regarding Their Proposed Project Entitled "Coastal Resilience: Interactive Decision Support for Adaptation Solutions for Coastal Communities Addressing Impacts from Climate Change RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a letter in support to the National Oceanic and Atmospheric Administration 0NOAA) in connection with The Nature Conservancy's grant award regarding their proposed pro.iect entitled "Coastal Resilience: Interactive Decision Support for Adaptation Solutions for Coastal Communities Addressing Impacts from Climate Change", at no cost to the Town of Southold, subject to the approval of the Town Attorney. ~ ~0t~ Record:, Re~oiut~n Rlg$~20i0;730 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] : [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] ~ [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] Town Clerk's Appt Scoit Russell Voter [] [] [] Supt Hgwys Appt 2010-731 CA TEGOR Y: DEPARTMENT: Litigation Town Attorney Retains Frank A. Isler, Esq. as Special Counsel in the Supreme Court, Suffolk County Civil Action Entitled "Henry Traendly, Et Al. V. ZBA" Under Index No. 10-32675. RESOLVED that the Town Board of the Town of Southold hereby retains Frank A. Isler~ Esq. as Special Counsel in the Supreme Court~ Suffolk Count. civil action entitled "Henry Traendly~ et al. v. ZBA" under Index No. 10-32675. September 7, 2010 Page 37 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended yes/AYe No/Nay Abstain Absent [] Defeated William Ruland Voter [] rn [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Tax Receiveffs Appt Louisa P. Evans Sec~d~ [] ~ F1 [3 Fl Town Clerk's Appt Scott Russell gt I'l ~ [3 [] Supt Hgwys Appt 2010-732 CATEGORY: DEPARTMENT: Support/Non-Support Resolution Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute a Letter to Congressman Timothy Bishop Expressing the Town Board's Support for the Army Corps of Engineer 's Alternative Plan 6for Expanded Inlet Area Dredging of Mattituck Inlet Authorized Under Section 111 of the River and Harbor Act o fl 968 and the Objective of Stabilizing the Inlet and Avoiding Navigation and Economic Dislocations RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a letter to Congressman Timothy Bishop expressing the Town Board's support for the Army Corps of Engineer's Alternative Plan 6 for Expanded Inlet Area Dredging of Mattituck Inlet authorized under Section 111 of the River and Harbor Act of 1968 and the ob[ective of stabilizing the Inlet and avoiding navigation and economic dislocations, subject to the approval of the Town Attorney. Vote Re.rd - Resolution RES-2010-732 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Initiator ff] [] [] [] [] Tabled ~ [] [] [] [] Vincent Orlando Voter [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt Comments regarding resolution 732 SUPERVISOR RUSSELL: I will comment on that saying that this has been going on for too long. The action needs to be taken now. Enough is enough. VII. Public Hearings 9:00 a.m - Bombara CEM Appeal PH SUPERVISOR RUSSELL: Would anyone like to come and address the Town Board on this particular coastal appeal? Mr. Danowski? TOWN CLERK NEVILLE: I think we should read the notice first. September 7, 2010 Page 38 Southold Town Board Meeting Minutes COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold sets September 7~ 2010 at 9:00 a.m. in the Town Meeting Hall, 53095 Main Road, Southold, New York 11971, as the time and place to continue the public hearing on the Coastal Erosion Hazard Board of Review Appeal of Robert G. Bombara~ relating to an amended application proposing new single-family dwelling, garage and swimming pool proposed to be located at 1725 North Sea Drive~ Southold~ SCTM #1000-54-4-19. I have a copy that it was posted on the Town Clerk's bulletin board on August 11, 2010 and that the legal notice was published in the Suffolk Times dated August 20, 2010. PETER DANOWSKI: Good morning. I recognize you may not have a lot of time in this meeting room because the Justice Court is about to proceed. By agreement with the office of the Town Attorney and this Board, I have requested and been granted permission to respond in writing subsequent to my comments being made today. I will be preparing written responses and I will ask for some experts to prepare some written responses. To Mr. Herman's report, Mr. Herman .... TOWN CLERK NEVILLE: Mr. Danowski, can you pull the mic up? MR. DANOWSKI: I can. Again, by stipulation we will be responding in writing. I would indicate that Mrs. Bombara, my client and her daughter are in the audience today, very concerned and very interested in this application. You might understand if you have been here for the last four years that it has been at least four years this application has been pending before various Boards. This is the sixth alternate plan for consideration by the town. And quickly, very quickly, my client purchased this property with an understanding they could build on it. They in fact had called the Building Department shortly before they agreed to buy the property and were advised, ill-advised at the time, that they could build on the property and quite frankly, I think the Building Department looked at the zoning code only and didn't look at the issue of coastal zone erosion which may have been a relatively new concept. On all of the plans we submitted, all six, the distance to a structure from the beach defined area, which is defined as 100 feet in the town code, was met with all the applications; the original application plus six altematives. Since the original application, the State of New York DEC has issued a tidal wetlands permit for alternate plan number three which was closest to the water than this last proposed plan that is now before your Board for consideration. I make mention of this because my client has tried to address concerns, questions, issues raised by various parties representing the town. This latest plan was drawn to be code compliant. In fact, I think in my conversations with Miss Andaloro I said I think one of the key things here is when you look at a plan that you distribute it around so everybody takes a shot at it so that at the end of the day we know we can build what we are showing on the plan. That is a specific concern because the way we have addressed this is by trying to look at the town zoning code and trying to build the building envelope as far back to the road as possible without violating the zoning code. Therefore, you will see on this plan that we are distanced 40 feet from the road. We can't get any closer without violating the zoning code albeit consultants sometimes will suggest advice that is not very lawerly and suggest perhaps we should build out a plan that requires variances, I have seen and experienced zoning boards deny September 7, 2010 Page 39 Southold Town Board Meeting Minutes applications after other town agencies have granted permission, so I specifically looked to the west of this site and Mr. Tenedios' application, where I believe that was in fact the case, where the zoning board did deny the application after permits were issued by the Trustees. So this is a code compliant plan. There was another comment made, I think inaccurately, in the report and I certainly have respect for Mr. Herman but he treaded on the rules of the Suffolk County Health Department. The Health Department rules for septic systems for one, two, three or four family housing, I mean bedroom housing. It doesn't distinguish if you have got a three bedroom or two bedroom or a four bedroom, the minimum requirements are the same for each. So there is no ability to lessen the requirements of the Health Department. We have depicted the plan that is approvable by the Health Department and we can't vary from their standards. So there is nothing I can do about their requirements. We have located the septic system, we have located the house to be in compliance with both the Health Department and the zoning code. We have taken the extra step of not only building or proposing to build on poles, we have also taken the extra step of cantilevering the deck area and we are not talking about going in with heavy equipment of the seaward side of the line that was established by Mr. Herman, we are saying your local carpenters would get hired, would be in charge of cantilevering a deck on a construction side, so that there won't be intrusive building of structures within an area forward of this line as established by Mr. Herman and as depicted on the plan. I think if you look at communities throughout the east end, whether it is the south fork or the north fork, cantilevefing has been easily accomplished with well engineered plans. Certainly, if we can walk to the beach, a carpenter can walk to do some nailing. The other good part about Mr. Herman's report is something I think I spent a great deal of time in trying to establish and I think easily established because there was no opposition to this, the factual proof here, there has been no long term erosion on this property. Never has been, there has been accretion and in fact, I know Mr. Krupski can look at me and remember the Betsch application because that was clearly what he claimed and I sort of mention his name all the time because he raised the same arguments that I am raising today, and had this been pointed out this is not a structural hazard area, the town's position as I understand it now is that the reason that we are being very careful in how we build this house is not because the sound front is not going to erode, it is not because the structure will be washed away, it is because you choose to want to take the beach area and protect as much of it as you can. And I understand that. That is why we have moved the house back, downsized the house, built it on poles, cantilevered the deck. So I think this is the best we can do in shrinking everything that we sought out to do and I would like to think that this Board would recognize that and each of you be reasonable in granting this appeal based upon this amended plan. I would also note that, you know, there have been houses along this stretch of beach and they have been improved over periods of time and despite all those houses and despite all the additional construction, there hasn't been any increase in erosion and that is why we are suggesting to you that somehow if you build a house, you are going to add to erosion, that isn't going to happen. Empirically if you look at everything, you will see it hasn't happened. And that is why when we proceeded to litigation in the very beginning because of the denial of the tidal wetlands permit and I have to make mention of this, that traditionally in enforcing your laws, you have requested, required or permitted plans that set back 100 feet from the tidal wetlands. Each one of these plans, all six plans, set back more than 100 feet with any structure. And yet despite that, we were denied the tidal wetlands permit. And so I think as we pursue this appeal we will also be hopefully hearing that the tidal wetlands permit can issue consistent with the DEC issuing the September 7, 2010 Page 40 Southold Town Board Meeting Minutes permit. Having said that, I would like to respond in writing. I have Doug Adams from Young and Young available today to testify concerning the Health Department standards and the layout of the plans but I think at this point, I will respond in writing and I would just ask you to close the hearing but allow me to submit both expert reports and further comments from myself. Thank you. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Thank you. Would anyone else like to come up and address the Town Board on this particular heating? LILLIAN BALL: Hi, Lillian Ball, Southold Town. I think is a very, very important piece that sets precedent. The Betsch property had a building, footprint there previously. This is virgin beach, it is virgin beach that is all in the FEMA flooding zone. I don't know really where a building envelope could be on this property that would not be in the flood zone and as we saw at the meeting with the NOAA people, for coastal erosion hazard areas, past erosion is not an indication of future erosions. We don't know how much of the shoreline is going to be threatened currently but we see indications that there will be sea level rise. I have sat in on meetings from the sea level rise task force in meetings where they have real indications of substantial sea level rise. The coastal resilience tool that the Nature Conservancy has developed has indicated that there will be substantial rise there, you can't allow somebody a building permit in an area where they have a very good chance to be flooded and then they are going to come back to you and say, oh, would you please help me fix my flooded home? You know? it is a very dangerous precedent. I think that the previous situation that was quoted at the Betsch family home, which was there, there was a footprint there, this is virgin beach. It has never been built on and once it is gone, it is never coming back. I really would recommend voting against any construction happening on this particular property. Thank you. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board? BENJA SCHWARTZ: Benja Schwartz, Cutchogue. Across the street from my house, there is a house for sale by owner. They are asking $379,000. It is a tear down but I assure you, it is a buildable lot. In fact, you could even use the foundation, it has got a beautiful foundation, great location. One procedural point, Mr. Danowski began by saying that he had some kind of agreement with the Town Board, I don't know how that is working on the record but I have no objection to keeping the hearing open but if it kept open, I believe it should be kept open for everybody. SUPERVISOR RUSSELL: I think his request was to close the hearing but keep it open for written response, written commentary and that is certainly something that we would extend to everybody. COUNCILMAN KRUPSKI: We have a report from a consultant that the Town Board hired and so he is requesting that he be able to respond to that report, which is reasonable. September 7, 2010 Page 41 Southold Town Board Meeting Minutes MR. SCHWARTZ: And I am sure he wouldn't object if other people had the opportunity to, too, to respond in writing. MR. DANOWSKI: Inaudible. MR. SCHWARTZ: Because it sounded like he was trying to reserve that fight for himself only. I was walking on the beach two days ago on the sound and I picked up more garbage than seashells and there are some houses down there with cement block steps going down to the water and then they have taken all the beautiful rocks on the sound beach not only put in a wall of rocks but cemented all of the little rocks in place and it is just not the same place that even as a little as two or three years ago, it was a beautiful beach. If I owned property, I would want to do something with it. but if I bought property I would make sure and this is a lesson that the Building Department doesn't have the authority and the final say so. I am sure these people are knowledgeable enough to know that and should have checked it out before they bought it. I hope they find a place to build a nice home and become part of our community but from what I know and there is a lot I don't know about this application, it sounds like it is not code compliant. There is a very important code that would not be complied with if this application were approved. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this issue? ANNE MURRAY: Good morning, I am Anne Murray from East Marion. I urge the Town Board not to approve this building project. As Lillian pointed out, this is virgin beach and I would also like to point out that even though the Building Department may have misinformed this family when they bought the property, I believe that the buyer was an attorney and had an obligation to do complete due diligence, so any thought of blaming the town for this I think is kind of beyond the point at this point. Thank you. SUPERVISOR RUSSELL: Mr. Huntington? RAY HUNTiNGTON: Ray Huntington, Cutchogue. Is Mr. Herman going to do, further testify at this hearing and give highlights of the report because I am not sure how many people have seen this report? SUPERVISOR RUSSELL: We did not request his presence here, we asked for a written report and he surrendered that to the town. I could certainly make that available to anybody that would want to see it. MR. HUNTINGTON: Good. TOWN ATTORNEY FINNEGAN: It is already part of the record, so anyone can request a copy of it. SUPERVISOR RUSSELL: We will make it available to anyone. In fact, we will make it available today. Would anybody else? September 7, 2010 Page 42 Southold Town Board Meeting Minutes FRANK WILLS: My name is Frank Wills, I live in Mattituck. I have been out here, Wading River and Mattituck since about the mid 50's. Both times I lived on the bluff and before I bought the place, I checked on what average erosion was. I was told in '62 that the previous 70 years the erosion rate in Mattituck and in Wading River was one to two foot a year. Regardless of what you did. If you put up a jetty, obviously down stream the erosion rate would accelerate. In Mattituck, (inaudible) on jetties, we were losing 40 foot of beach a year. So I am very skeptical as to any reports of saying that there has been no erosion over several years on any north fork beach. SUPERVISOR RUSSELL: Would anybody else like to comment? Lillian? MS. BALL: The coastal erosion hazard area line I am told is not on any of these maps, surveys or permit applications. COUNCILMAN TALBOT: We have a copy of the survey here that shows it. MS. BALL: That does show it? COUNCILMAN TALBOT: Yes. MS. BALL: Inaudible. This is the most recent one? COUNCILMAN TALBOT: Showing the landward toe and the most landward beach ridge, we are showing the FEMA elevations, (inaudible) elevation 11. COUNCILMAN KRUPSKI: The coastal erosion hazard line is in the middle of the road. MS. BALL: Yes. COUNCILMAN KRUPSKI: And I don't think it shown on the last (inaudible). I mean, we will request that but it is not a, at this point, the location of the line, it is not like if you said well, if it was 20 feet one way or the other it would make a difference here. MS. BALL: Twelve. COUNCILMAN KRUPSKI: Because the lines on the road, whether it is the middle or the edge, it is not going to, it is still pretty much what it is. MS. BALL: Right. Well, it is there. And it is there for a reason. COUNCILMAN KRUPSKI: Right. That is why we are here. MS. BALL: Right. I just talked to the Department of State about it and they agree, it is a very September 7, 2010 Page 43 Southold Town Board Meeting Minutes poor place for any building. So, but I would request that any decision be tabled until this, Anne Murray said she tried twice to get a copy of the report, (inaudible) a copy of the report is really available and we can look at the report. SUPERVISOR RUSSELL: Sure, we will make the report available. I just want to mention, the report actually, our expert, our consultant had asked Mr. Danowski for specific items to complete this report before any decisions could be made. I had anticipated reading those at the end of public comment component but since we are discussing that, let me reiterate now what Rob Herman asked for is identification of the coastal erosion hazard area boundary, drawing the regulatory landward limit of the ridge, for example, twenty five feet from the landward toe of the ridge, verification of updated FEMA boundaries, drawing of project limiting fencing and stacked hay bales along the proposed limit of clearing, grading and ground disturbance on the plan. These would be essential and necessary before we can make any determination. MS. BALL: I would also like to point out that this is a, what's, very little spot which is left of the double dune, so that is an indication to me of a real ecologically sensitive area. It is included in the significant habitat map from the Department of State, it goes basically from Goldsmiths to Horton Point, so it is an ecologically sensitive area. And I know there has been interest on the part of the adjoining property owners in purchasing the property so that there might be some escape from a taking that would be possible in the circumstance. So I don't think it is entirely a problem of you know, nothing could be built there, it could be donated, it could be, there are a lot of different ways that it could be handled and I would like to point out that the property to the left was given a go ahead by the DEC and the Trustees, however, the Zoning Board of Appeals did successfully an article 78 against the town. So they won. That blue house where they wanted to rip it down and do an entirely new building, it does change the character of our neighborhood and those of us in Kenney's beach who have watched these huge monstrosity's go up time and time again along our shoreline, robbing us of water view's, robbing us of air, robbing us of a sense of community and making it look like a bunch of condo's or Dune Road which is worse, you know, it does change the nature of our community and it is a negative impact on our shoreline and I would hope that you would take into consideration that the article 78 was won last time around on an adjacent property. Thank you. SUPERVISOR RUSSELL: Thank you. Mr. Danowski, can I just ask you how long you think you need for the written response? MR. DANOWSKI: I would ask for two weeks. I mean, I can respond in a day but my experts, their time schedule really sets the bar here. I would ask for the two weeks and if I need further time, I would just call the office of the Town Attorney and see if I could attain that subject to your approval. SUPERVISOR RUSSELL: Okay. Thank you. And we are going to reserve the right to have your response reviewed by Mr. Herman. MR. DANOWSKI: I have no problem with that. As long as it is not at your request. September 7, 2010 Page 44 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Okay. MR. DANOWSKI: Yeah, I think other thing, I want to save time here today, by agreement rather than repeat and reiterate every fact that we have produced over the life time of the applications, one of the things that was stipulated into the record as part of the record that continues to be an ongoing part of the record was all of the files along Kenney's Beach Road that was stipulated into the record at the original Trustees hearing, we have kept them there so that you could look at what has been granted over the years at each individual parcel on Kermey's Beach Road. So I just want to make sure that is part of the record again. Thank you. SUPERVISOR RUSSELL: Thank you. COUNCILMAN TALBOT: Mr. Danowski, can you tell me what the latest survey is showing the proposal? Is it, I have one here November 25, 2009. Is that the latest? COUNCILMAN KRUPSKI: Does it say alternate number six? COUNCILMAN TALBOT: Yes. COUNCILMAN KRUPSKI: I think that is it. COUNCILMAN TALBOT: I have a question regarding, this came up the first time I saw it, the first floor elevation of the structure? MR. DANOWSKI: Yes? COUNCILMAN TALBOT: The first floor elevation, you can see on there, it is a VE zone, FEMA zone and elevation is 13 feet. MR. DANOWSKI: Correct. COUNCILMAN TALBOT: And by code you would be two feet of free board and then start your framing. So if you had 13, 14 and 15 and then if you a foot of framing your first floor elevation could be at 16 if approved. MR. DANOWSKI: Okay. COUNCILMAN TALBOT: I just wanted to know why you shorted at 18, you know, an extra two feet? MR. DANOWSKI: I think one of the questions is the garage under the house and we wanted to make sure there was plenty of room for the vehicle and Doug Adams is here, we will respond to that question in writing but his initial reaction to that, just whispered to me now was that the locating the vehicle with the garage under. September 7, 2010 Page 45 Southold Town Board Meeting Minutes COUNCILMAN TALBOT: Alright. MR. DANOWSKI: There are various dates on reports and we submit them for different reasons, so that you, the date that you mentioned is the correct date since that date we go to the Health Department or the DEC and we add dates but the plan is still the same. COUNCILMAN TALBOT: Okay. I saw the alternate six on here, it was my mistake. MR. DANOWSKI: Thank you. SUPERVISOR RUSSELL: Okay. Would anybody else like to address this Board before I entertain a motion to close it subject to receiving written input from anyone? COUNCILMAN KRUPSKI: I have a comment. I did go to look at the site last week, to refresh my memory, to take another look at it. I do have a question for the applicant in a second but I was watching something on the Weather Channel, there is a storm, I guess a tropical storm converging on Texas and Mexico and there is a fella down there and I forget what his title was but he said they were confident that they could weather the storm, they had done a lot of work on dune restoration and they felt that that was their best bet. When the storm hit, the dune was their best protection to protect their upland, you know, all the structures and personal property etc. and I think that that should be the Town Board's goal here is to protect the natural protective features, whatever it is and people, you know, and then the report and I have read the report and I am familiar with the file, to say what, you know, how important it is or how minimal it is but it is actually what it is. And in a storm event, it will provide some protection not only for that piece of property and if that is developed but also how that is developed will affect the neighbors property. So I think that is what the Town Board really has to consider. And the question I have for the applicant and this is in no way to suggest that I am trying to steer the applicant towards a variance but this is just a question. The septic system, as it is, as shown on the survey, is landward of the house, alright? Between the house and the road. Could that be reconfigured in a more linear fashion or is that, it is clustered right now. And what is the setback of the septic system from the road, the public road? MR. DANOWSKI: I will respond to both of those in writing with Doug Adams, if he wants to whisper in my ear, I can repeat it but not that I am knowledgeable on the Health Department issues. I don't think the spreading of it, I think there is a distance from property lines that we have to pay attention to and there are, you know, requirements that pool systems and the number of pools and the depth of them are mandated by the Health Department, we can't change those regulations. I think one of your earlier comments though, that I appreciate that I distinguish is that no one suggests that the houses that exist have caused erosion along the beachfront, so as much as I agree with you about the purpose for sandy beach areas, the fact that we built the house there would be further erosion, I don't think there is any empirical proof that there would be. In fact, and I think about sometimes snow fencing gets put up, some structures get put up to capture sand, any time structures actually aid and cause accretion, so I am halfway there with you but not all the way. Thank you. September 7, 2010 Page 46 Southold Town Board Meeting Minutes COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: What I would like to do know if entertain a motion from a Board member to close the heating. What we will do is we will, we are going to close the hearing and we are only going to entertain written response for the next two weeks and then we will take this issue up and have a decision within 30 days? TOWN ATTORNEY FINNEGAN: And then the Town will have two weeks. SUPERVISOR RUSSELL: Okay. That's good. RESULT: CLOSED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Closing Statements SUPERVISOR RUSSELL: That concludes the business of the Board. address us on any item of mutual interest? Yes? Would anybody like to PETE BELL: My name is Pete Bell, I live in Cutchogue. I am a member of the Southold Town Anti-Bias Task Force. I just wanted to report on the picnic that we had. It was successful, about 250 to 300 people show up. We had two pipe bands, one from Connecticut, one from Rhode Island, we had some choral groups from neighborhood churches. We had free food. Everybody had a good time, especially the kids. I wanted to thank the Town and Supervisor Russell for the cooperation that they gave. Thank you. SUPERVISOR RUSSELL: Thank you, Mr. Bell. That was, I had to, I was there earlier and then I had to leave, I was going on a family trip and I had to leave before everybody showed up but from what I understand it was a very successful event and everybody was very, very happy that was in attendance. Thank you. COUNCILMAN RULAND: Good food, too. MR. BELL: Inaudible. SUPERVISOR RUSSELL: You guys worked very hard in putting it together. I want to thank all of you, in particular Patricia Fulford who spearheaded that, for all of her hard work, Mrs. Lingo. Some very wonderful people put that together. Would anyone else like to address the Town Board? PETER TERRANOVA: Peter Terranova, Peconic. One other housekeeping issue on the resolution regarding the parking on Mill Lane, I believe on page 24 the chapter 189 modification, item B. That is already covered under 260-8, it is the same stretch of road and on one you have got designations of parking areas requiring permits and then under 260-8 it says no parking at any time. So they are .... September 7, 2010 Page 47 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Yes, we are revising some aspects of the code... MR. TERRANOVA: Okay. SUPERVISOR RUSSELL: With the review of the police captain, we went out and inspected and there are areas there that is parking by permit that just simply isn't safe, so we needed to amend that. MR. TERRANOVA: Oh, no, I don't disagree with you. JUSTICE EVANS: Inaudible. MR. TERRANOVA: What I am trying to say is you are adding under 189-2 inlet Road along both sides between Soundview and Second, okay? And then under 260-8, that same stretch of road, you are saying parking prohibited at all times which I agree with. All I am saying is that .... SUPERVISOR RUSSELL: We have an internal conflict that we will rectify. MR. TERRANOVA: I just wanted to point that out before you publish it and then it gets delayed if it in not correct. SUPERVISOR RUSSELL: Okay. MR. TERRANOVA: Thank you. BENJA SCHWARTZ: Benja Schwartz, Cutchogue. I would just like to say that, I would like to thank the town for posting a parking by permit only. We have had a law at the end of East Road parking by permit only for many, many years but this year we finally put a sign up and it made a big difference, along with the valiant efforts of our traffic control officers. They were there nearly every day and I think they made the beach, getting to the beach and being at the beach more pleasant for everyone. Thank you for that. I don't know, Scott, I don't like to start on a sour note but you know, you did tell me a week ago you were going to put this on the agenda, I am looking at the agenda that I picked up at 9:30 this morning and it ends with resolution 714. Tonight's agenda goes to resolution 732. So the excuse that you didn't have time to put it on the agenda or whatever, look, I wouldn't chose to be here talking about this either but these are part of my family and I am asking you to please, please help us. Provide some police protection so that my neighborhood is a safe neighborhood like it once was. I am not talking about my kids. As you probably all know, I am talking about my guinea hens. I only have four left. Three of them were killed over two months ago. Southold Town police told the apparent killer that that was fine, he could do whatever he wants. If the birds go on his property, he could kill them. I was very surprised to hear that. Looking up the law, I discovered that the law in New York State protects all animals. But the law doesn't apply in Southold Town, no, because Southold Town police have told me and their actions have shown me that they do not enforce laws against animal cruelty. And the reason there are laws against animal cruelty are not to protect animals, they are to protect people from people who are cruel to animals are likely to be cruel to people. September 7, 2010 Page 48 Southold Town Board Meeting Minutes The evidence on that is solid as a rock. I am not just living every day in fear that my guinea hens, by the way if you don't understand guinea hens, a lot of people who even have guinea hens don't understand them. There are guinea hens all over Africa that are wild. Guinea hens in Europe that are free but in this country, the custom is to treat guinea hens as animus revertende, they are animals that revert to their tenders care every evening but during the day, let them out and they are free as a bird. They are birds. They are as free as the wild birds. Are you going to issue trespassing, again if you think that somebody just killed all the wild birds that it is okay?. You know, this bird was, we believe it was sitting on, it was a mother hen, it was sitting on its nest. You know, they can take care of themselves pretty well. They manage to escape from the designs of Paul Leary, is the man that I believe killed them and for three years we kept them safe. We continue to keep them safe to the best we can. One got nm over in the three years and I can understand how that can happen. They like to run around, they probably ran out in front of the car, I don't even know. It was a hit and run, so we don't know. After that one got nm over, all the other ones came and were just crying over the body. It took them months to get over them. I know you have a limited time here and I would like to ask you some questions but first I just want to read one paragraph from the wonderful article on guinea hens that was in the Edible East End summer 2010 issue. We were sad when we found them dead but we were not prepared for how pervasive and emotional the hens loss would become. On that first morning, the morning like the moment light crept into the sky, she began calling. Before my mother buried him, she had put the body where the hen could see it hoping she would stop. But it didn't register like that, she kept searching all day and then for the next three, repeating her two syllable chant several times and then stopping to listen. When nothing came, as nothing will, she starts over again in increasingly plaintiff tone, as she visited their favorite resting spots, she called hopeful, half mad. Finally at night as she flew to her roost alone, she tried a few more desperate times before darkness settled. I tell myself a bird cannot feel grief only confusion but after two weeks of this lovesick behavior, it began to seem like the kindest thing we could do is to put her out of her misery. We even thought about sending our guinea hens out of town. We tried to find them a new home. But guinea hens are territorial, once they become accustom to a territory, that is where they want to spend the rest of their lives. And there is no reason why my guinea hens can't live the rest of their lives in the barn that I spent a lot of money to build and the pen that is around the barn, we keep them in in the morning so they don't bother the neighbors. The only reason is that apparently the Southold Town police have told this madman that he can kill them if they wander onto his property. If they fly over onto his property. We try to keep them away from his property, believe me but it is not always possible. And I don't think I should have to live in fear every day, waiting for them to come home. Today, there was three of them up in the trees, they fly up in the trees to get away from maybe it was a dog, I had gone out for a walk, when I came back there were three in the trees. For a half hour I was worried where the fourth one was. Finally Mo came home. Or New, that was New, excuse me. Anyway, you are the Southold Town police commission. You know, I was astounded when I heard that a letter to the Southold Town police commission would be put on the agenda of the Town Board. You are the Town Board also. But you have different roles, you have different hats, I would think you would meet at a different time to discuss, have you met as a police commission since you appointed yourself commissioners? SUPERVISOR RUSSELL: I think, we don't appoint ourselves as commissioners, it is a function September 7, 2010 Page 49 Southold Town Board Meeting Minutes of law that makes us commissioners. A town of the second class. MR. SCHWARTZ: You have the option. You have three options. SUPERVISOR RUSSELL: I am aware of them. MR. SCHWARTZ: You can appoint yourself, the Town Board as commissioners which is what you have done. In the administration of Joshua Horton, he, the Town Board there appointed .... SUPERVISOR RUSSELL: Appointed him as the singular. MR. SCHWARTZ: Only him as the police commissioner. The third option is to have a police commission that is composed of a (inaudible) official from the town and citizens from the town. Now you have a police committee which has no legal experience, authority but as a police commission you have legal authority and you have a duty to use that authority. SUPERVISOR RUSSELL: You raised those legal issues. MR. SCHWARTZ: Do you use your authority, do you exert any authority .... SUPERVISOR RUSSELL: On the police department? MR. SCHWARTZ: As the police commissioners? SUPERVISOR RUSSELL: I would say every two weeks. You have to remember that police budget is about 40% of our operating budget so from the fiscal point of view, that police department is very much of an issue for this Board to take up every two weeks. Whether it is on personnel or equipment or schedules .... MR. SCHWARTZ: That is not a role of a police commission .... SUPERVISOR RUSSELL: I disagree. Fiscal responsibility of.... MR. SCHWARTZ: The Town Board controls the purse strings. Also for the Trustees, you control the purse strings although you don't control the Trustees. But you do control the police because you are the highest ranking officials in the Southold Town police department. You outrank the Chief, you outrank the Captain, Sergeants, the detectives. Have you done anything as police commissioner? SUPERVISOR RUSSELL: I would say we have. Every personnel decision that gets made, every promotion that gets denied or approved, I would say with regularity. It is a regular part of our management. MR. SCHWARTZ: Inaudible. September 7, 2010 Page 50 Southold Town Board Meeting Minutes COUNCILMAN KRUPSKI: We meet with the Chief and we ask him to do certain things. We talk about one of the big complaints, speeding and we have asked him to step up enforcement and different strategies for that, so we discuss police matters on a pretty regular basis. MR. SCHWARTZ: Well, you know on a regular basis I have no problem with the Southold Town police, I am very happy with them. I think we have a wonderful police force. However, they are not perfect, are they? SUPERVISOR RUSSELL: No, I would venture to guess not. MR. SCHWARTZ: Well, apparently my experience in connection with this incident, I got some, I had a problem with one of the, Sergeant Santacroce who told me that our conversation had ended five minutes before when I became condescending. Now I was not condescending but I was not obsequious. And I respectfully believe that we need to take an active role to keep Southold a safe and wonderful place to live. We can't just take that for granted. And one of the things we need to do is to handle complaints. And I am not aware of the complaint, how complaints are handled in the Southold Town police department but I am acutely aware that complaints are not handled the way that the US Department of Justice recommends be handled. Or New York State. Are you aware of the New York State Law Enforcement accreditation program? SUPERVISOR RUSSELL: Yes. I am also aware of the particular issue. Now, rather than asking me questions and then going on to talk, let me tell you exactly what we did in that case. It was referred to the Suffolk County Society for Prevention of Cruelty to Animals. That was the case that was referred out to that agency. You raised issues of, issues of law as to the jurisdictional role of the local police department. We have taken your missive, we have given it to Martin Finnegan and he is examining and considering and researching every point you raised. That is going to have to be a satisfactory answer now. MR. SCHWARTZ: Are you aware of the new unit of the Nassau County district attorney's office? SUPERVISOR RUSSELL: No, I don't live there. MR. SCHWARTZ: The new unit handles animal cruelty. But that new unit was formed early this year, subsequent to the formation of that unit, a man found his cat dead with an, someone found his cat dead with an arrow through it. he called the police and the SCPA and nobody responded. Now they are saying the statute of limitation is run, all the evidence is gone, this case was handled by Southold Town police... SUPERVISOR RUSSELL: And referred out to another agency. MR. SCHWARTZ: By doing an incident report, case closed. End of the matter. September 7, 2010 Page 51 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: They referred it out to another agency. MR. SCHWARTZ: Then I went back and I contacted them and they told me there is no law and then when I told them there was a law, they didn't want to know what the law was. Finally, I got them to listen about what the law was after them repeatedly telling me and telling me they will research it and then they got back to me and still told me there was no law. So when, when they finally realized there was a law now this law is similar to the law against domestic violence because it is a form of domestic violence, the police do not have the discretion to see a man beating his wife and walk away. They have to file charges. This law is the same way. It says in the law. The police must issue a ticket .... COUNCILMAN ORLANDO: The problem with that .... MR. SCHWARTZ: And then it says the SCPA may issue a ticket. It doesn't say that the police may transfer the case to the SCPA. The SCPA hasn't, as far as I know, I haven't heard from them since they took the case a month or so ago despite my calling them, I got one call back where they left a message on the machine saying they were trying to reach me but a couple of weeks have passed and you know, one message on the machine and I told them I have not been bugging them but I have been following up on this and I intend to continue following up on this but the sooner that somebody, somebody in law enfomement takes a significant, serious action the more of a, the more of a humane community, the kind of community that I believe Southold Town is. Now, getting back to the accreditation, if you don't want to talk about it, there are a couple of things I would like to say .... COUNCILMAN ORLANDO: Now Benja, before you move forward, I agree with you. If a non-aggressive animal walks in your yard, I don't think you have a right to hurt or kill this animal but also, unless something has changed since the last time we spoke, the two guinea hens that you have are missing, they were never found so technically we don't really know what happened to them. They were never found. Unless they have been found since. MR. SCHWARTZ: I would rather not get too deeply into the facts of this case because it is under investigation. But to the best of our knowledge, three guinea hens were killed. Without justification. COUNCILMAN KRUPSKI: Well, you make a good point because the hawks are, you know, they are afraid of hawks. Certainly fox or raccoons, maybe they are .... MR. SCHWARTZ: We take pretty good care of our birds. We have a pretty good idea what happened to them and the investigation, if there is a real investigation but for Southold Town police to tell me SCPA has agreed to do an investigation, that is not the way I believe the law works. Now, if I am wrong, you can explain it to me. But you can't tell me that I am being condescending when I have been told that there is no law and then I have been told that Southold Town police doesn't handle that kind of law and then I see that you know, we have a police force, it has duties. There is a presumption that a police force that is accredited is credible. May not be a legal presumption but it is common sense, right? New York State was the first state to September 7, 2010 Page 52 Southold Town Board Meeting Minutes create a law enforcement agency accreditation program. That was over 20 years ago. Since then, East Hampton Town police department became accredited. Southampton Village police department is accredited. Southampton Town police is accredited. Suffolk County police is accredited. Even Shelter Island police have become accredited. Southold Town police has considered it but I do not believe they have an application pending and from what I have seen in connection with this single incident, I can tell you that the process of accreditation New York State Department of Justice doesn't tell the agency that seeks to be accredited how to do their duties but they verify whether or not they are organized and acting whether or not they are performing their jobs with reasonable policies, with guidance and clarity. And the police commission should certainly be involved in this decision as to whether or not to pursue accreditation. Economically it would probably cost less. And it certainly is known to reduce the potential for liability tremendously which should be an economic concern of this Town Board. You know, effectively what has happened so far is that my guinea hens have been blamed, blaming the victim. It is an old way to deny that there was a crime. Well, I don't buy it. I would like to know the facts also. I would like to see a real investigation begin before it is too late. And if you can, I would greatly appreciate it. I know you can. I would greatly appreciate to know whether you intend to do anything. I mean, I sent you that letter two weeks ago and I heard nothing. I don't mean to be persistent or you know, I am perfectly happy, patient but it has been over two months. I still don't know what happened, I still don't know what the police saw the day that they went there. I think I have a right to know that and I think you have a duty to help me find out. Any questions? COUNCILMAN TALBOT: The only comment I would make is being the fact that you don't know if the animals were actually killed, I think it is slanderous of you to come up here and state your neighbor's name and say that he killed your animals. I don't think that it is right .... MR. SCHWARTZ: I didn't say .... COUNCILMAN TALBOT: I think this is the second or third meeting .... MR. SCHWARTZ: I said that I believe that he killed my animals. COUNCILMAN TALBOT: This is the second or third meeting that you have come and said the same thing and I don't think that it is right that you come up here and state some resident of this town's name when you don't know in fact what happened. As simple as that. MR. SCHWARTZ: Well, I have a reasonable suspicion. COUNCILMAN TALBOT: Well, innocent until proven guilty, correct? MR. SCHWARTZ: I did not say that I knew what happened. COUNCILMAN TALBOT: You called him a madman. MR. SCHWARTZ: Well... September 7, 2010 Page 53 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: You mentioned him by name. Benja, I don't know what your specialty of the law was but civil law, you are treading very thinly on, look, your point is well taken and it is well made. I told you what happened. It was referred out to another agency, that is not satisfactory to you. We got your missive, it is being researched by Martin and we will determine, we will take action or not take action based on the recommendations of the town attorney. That is the discussion. MR. SCHWARTZ: When can I expect to hear from him? SUPERVISOR RUSSELL: I cannot give an answer, I do not know. MR. SCHWARTZ: The clock is ticking. COUNCILMAN TALBOT: We will see if we can find out any definitive answers of whether they consider it as you stated. MR. SCHWARTZ: I hope that you will also go beyond this incident and look into establishing some procedures to prevent this type of incident from getting out of hand, the way it has. Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board at this time? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:40P.M. Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Kmpski Jr., Evans, Russell