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Home My WebLink AboutTB-08/10/2010ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork, net MINUTES August 10, 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 August lC Southold, NY. I. Reports 1. Special Projects Coordinator 2. Building Department 3. NFAWL Financial Statement / 4. Department of Public Works 5. Judge Rudolph H. Bruer . 6. Land Tracking 7. Sohd Waste D~stnc~ II. Public Liquor III. IV. 1. 9:00 A.M. 2~'g[, e Work Order 2. 9:30 AM - Mei~a Spiro 3. LL/Night Fishilig Permits 4. LL/Building Permit Fees 5. Fireworks ~ Strawberry Fields 6. RFP - Fuel Management System 7. Special Events 8. Used Police Boat 9. Noise Ordiance 2010 t 7:30 :lng Hall, ~095 Route 25, August 10, 2010 Page 2 Southold Town Board Meeting Minutes 10. Review Audit of LVL, Inc 11. 12:00 PM - Executive Session - Melissa Spiro 12. Executive Session - Contact Negotiations 13. Executive Session - Litigation Pledge to the Flag Opening Comments Supervisor Scott Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance. Thank you. What I would like to do is invite anybody that would like to come up and address the Town Board on any of the resolution items that you see on the agenda. Please feel free to do that now. Benja Schwartz, Cutchogue BENJA SCHWARTZ: Good evening. Benja Schwartz, Cutchogue. Resolution 616, seems we are going to be inviting somebody new to apply to be a member of the Conservation Advisory Council and I have a pretty good idea what the Conservation Advisory Council does but in seeing this item on the agenda, I thought that I would refresh my memory and I was unable to do so. So you know, I believe the Conservation Advisory Council works with the Trustees? SUPERVISOR RUSSELL: Works with the Town Board and the Trustees and any department, it is a very broadly worded scope in terms of the CAC's responsibilities. It was passed back in the early 60's. It includes all aspects or segments of the environment. When you use terms like environment, you can talk about your scenic vistas, you can talk about your Trustee's applications, that has been the bulk of their work but they also now are getting involved in issues of stewardship management, things like that. MR. SCHWARTZ: And they are a creature of the Town Board, right? SUPERVISOR RUSSELL: Yes. MR. SCHWARTZ: Well, it would be nice to have something somewhere on the website other than the list of members and contact information. There is something in the subject matter list of FOILable records relating to the minutes but it is not clear how one would get them. I would imagine that the Town Clerk could help with that but it would be nice if maybe there was a page explaining how they came to be, what they do and what they have been doing. COUNCILMAN KRUPSKI: It is a good idea. They meet once a month and Lauren Standish is the secretary that handles their minutes so I would assume they have pretty good minutes. And like Scott said, the bulk of their work is reviewing the Trustee applications but they also branch out into things like they had a fellow John Turner from the Save Plum Island group, they've had people from the Nature, not Nature Conservancy, Group for the East End speak, so they do handle a wide range of issues at their meeting. MR. SCHWARTZ: And we only pay them $2,000 a meeting, right? August 10, 2010 Page 3 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: I think it is $42 a meeting, something like that. MR. SCHWARTZ: Oh, they do get a stipend, a little something? COUNCILMAN KRUPSKI: Yes. MR. SCHWARTZ: Anyway, you know .... SUPERVISOR RUSSELL: Point well taken. MR. SCHWARTZ: You are advertising for someone to join, it would be nice to let people know what it is about. COUNCILMAN KRUPSKI: That is true. MR. SCHWARTZ: Another item on the agenda tonight is number 622, I see the Town Clerk and the Assistant Town Attorney are going up to listen to Robert Freedman, the executive director of the New York State open government division. I guess he is doing a workshop on the freedom of information law. COUNCILMAN KRUPSKI: But it is at a secret location. COUNCILMAN ORLANDO: You would have to FOIL to find out where it is. MR. SCHWARTZ: I am happy to hear that the Town Clerk and the Assistant Town Attorney are interested. I am disappointed that none of you or no one in your office, Supervisor Russell, is attending. SUPERVISOR RUSSELL: Why? MR. SCHWARTZ: Well, because there is a lot to be learned and there is a lot of improvements that can be made. SUPERVISOR RUSSELL: There certainly is. MR. SCHWARTZ: Mistakes being made continually in the agenda, among other places in Town Hall. SUPERVISOR RUSSELL: Like how? MR. SCHWARTZ: I am not going to .... SUPERVISOR RUSSELL: Well, you made an accusation, back it up. August 10, 2010 Page 4 Southold Town Board Meeting .Minutes MR. SCHWARTZ: I have made the same point before but I seem to be .... SUPERVISOR RUSSELL: I disagree with you. MR. SCHWARTZ: Well, if you look at the discussion items for this morning and you will see that there is an executive session scheduled for proposed property acquisition, including a discussion of value. SUPERVISOR RUSSELL: Yes. MR. SCHWARTZ: Which is on its face, inadequate reason to call an executive session, okay? SUPERVISOR RUSSELL: If you were here .... MR. SCHWARTZ: I have discussed that with you before, I wrote a letter .... SUPERVISOR RUSSELL: Yes, Robert Freeman wrote a letter, I think he supported the Town's position here. MR. SCHWARTZ: No, he didn't. SUPERVISOR RUSSELL: And the fact is...yes, he did. MR. SCHWARTZ: No, he did not support it. He supported my position. SUPERVISOR RUSSELL: I think you need to re-read it. Re-read his opinion. MR. SCHWARTZ: You want me to bring the letter, I will bring the letter. SUPERVISOR RUSSELL: Yes, I have a copy of it. He sent us a copy. But I would suggest that the FOIL, any request for FOIL information would be a discussion for the freedom of information officer, Betty Neville and I don't think you will find someone in this state that understands that law better or takes it more seriously than Betty Neville. And also, this isn't about open meetings law, this is about FOIL information but we are not going to have this argument again. Bob Freeman, I think if you will read that opinion you will see that he supports the town's position here and we are moving forward. MR. SCHWARTZ: I respectfully disagree. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any of the resolution items? ANNE MURRAY: Anne Murray from East Marion. The fuel, is that the fuel for the town? SUPERVISOR RUSSELL: Yes, this is an initiative that... August 10, 2010 Southold Town Board Meeting Minutes Page 5 MS. MURRAY: Inaudible. SUPERVISOR RUSSELL: No, this is an initiative by Councilman Ruland, this is to create one central fueling station and one central collection station. This would be an automated system that would record all fuel consumption by all departments right now, the vehicles or equipment for, yes, you know, it is becoming such an expensive commodity that the more informal process that we have in place now, that sort of, the highway department has a process, the police department have their own, we have gas tanks down at the landfill. The idea is to put it in one central location with a very itemized .... MS. MURRAY: Inaudible. COUNCILMAN KRUPSKI: Bill deserves a lot of credit on that because not only does that make the accounting a lot easier and accountability instant but also the next item that he is pushing is standardizing the fleet with all town vehicles, there are quite a few town vehicles used for different things. If we get a better handle on fuel consumption and fuel use then at least we can make better decisions as far as buying new vehicles, whether it is highway or .... MS. MURRAY: Right. You might want to look into grants, federal grants for doing a fleet that is like possibly half ethanol or electric or whatever. There might be someway that you could make a deal there. SUPERVISOR RUSSELL: Yes, this is... COUNCILMAN RULAND: We came up empty handed in the TIGER grants because all the money went to one spot in New York city, to build another entrance to Pennsylvania station. I don't quite know why but .... MS. MURRAY: Right. Well, maybe .... COUNCILMAN RULAND: Maybe there is policy involved, I am not entirely sure. But it is noteworthy to tell you that the Town of Southold spends about $1,000,000 a year on motor fuel. Just on motor fuel. MS. MURRAY: Oh, my gosh. COUNCILMAN RULAND: So managing motor fuel as an asset is a real priority. MS. MURRAY: Yes, sure. Good idea. Thank you. SUPERVISOR RUSSELL: Would anybody else like to address, oh and incidentally, this is a request for proposals. It is not that we are voting to spend the $230,000 that you see but we do need to have a budget mechanism in place to participate in the RFP process. So we will certainly evaluate the bids after they come in. Would anyone else like to address the resolution items? August 10, 2010 Page 6 Southold Town Board Meeting Minutes (No response) Okay, let's move forward. Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, July 27, 2010 Vote Reeorll - Aceept~ of ~utes for dull* ~7~ 2010 4,30 PM Yes/Aye No/Nay Abstain Absent William Ruland Voter [] [] [] [] [] Accepted Vincent Orlando Voter [] Accepted as Amended Christopher Talbot Seconder [] [] [] [] [] Tabled Louisa ?. Evans Initiator ~1 [] [] [] Scoit Russell Voter [] [] [] [] RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, July 13, 2010 ~ vote ReCO~ ~ A~ep~e of Mh~utes for July 1312010 7:30 PM yes/Aye No/Nay Abstain Abs~pt William Ruland Voter [] [] [] [] Vincent Orlando Voter [] [] [] [] [] Accepted [] Accepted as Amended Christopher Talbot Seconder [] [] [] [] [] Tabled Albert Krupski Jr. Voter [] [] [] [] Louisa P. Evans Initiator [] [] [] [] Scott Russell Voter [] [] [] [] V. Resolutions 2010-609 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated August l0t 2010. [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] F1 [] Tabled Vincent Orlando Voter [] [] [] Iq [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded ~ Louisa P. Evans initiator [] [] [] [] [] Town Clerk's Appt Scoit Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-610 CATEGORY: DEPARTMENT: Set Meeting Town Clerk August 10, 2010 Page 7 Southold Town Board Meeting Minutes Set Next Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, August 24, 2010 at the Southold Town Hall, Southold, New York at 4:30 P. M.. [] Adopted [] Adopted as Amended ~s/AYe No/NaY: Abst~!n ~b~ [] Defeated William Ruland Voter gl [] [] [] [] Tabled Vincent Odand0 Voter [] [] [] F1 [] Withdrawn C~S[0p~er T~ib0t Seconder [] [] [] FI [] Stlpervisot's Appt Albeit Krupski Jr. voter g~ [] ~ F1 [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Initiator : [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-611 Tabled 7/27/2010 4:30 PM CATEGORY: Property Usage DEPARTMENT: Recreation Use of Town Property RESOLVED that the Town Board of the Town of Southold hereby grants permission to Southold High School to use 6 tennis courts at Tasker & Jean Cochran parks for varsity matches for a total of 14 days beginning September 13 and ending on October 14~ dates to be coordinated with the Southold Town Recreation Department. The applicant must file with the Town Clerk's Office a One Million Dollar Certificate of Insurance naming the Town of Southold as additional insured, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2010-611 [] 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 Receivers Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-612 CATEGORY: DEPARTMENT: Property Acquisition Public Hearing Land Preservation Girards Dev Rights Set Public Hearing RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold August 10, 2010 Page 8 Southold Town Board Meeting Minutes hereby sets Tuesday~ August 24, 2010~ at 4:45 p.m.~ Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by 6900 Wickham Avenue~ LLC (Girards). 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. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 8.26± acres (subject to survey) of the 10.1± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the landowner. The purchase price is $63,000 (sixty-three thousand dollars) per buildable acre for the 8.26± acre easement plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Vole Record- Re~olut~on RE8-20t0-612 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [3 [] [] Supervisors Appt Alber~ Krupski Jr. Seconder [] [] [] [] [] Tax Receiveffs Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-613 CATEGORY: DEPARTMENT: Budget Modification Fishers Island Ferry District 2010 FIFD - Elizabeth Field Budget Mod Fiscal Impact: to appropriate State and Federal grants for Elizabeth Airport. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 Fishers Island Ferry District budget as follows: Revenues: SM.3097.00 Capital Grant, New York State $9,000 SM.4097.00 Capital Grant, Federal government $203,000 August 10, 2010 Page 9 Southold Town Board Meeting Minutes Appropriations: SM.5610.2.000.000 Elizabeth Airport, C.E. $212,000 $212,000 ,t' VoteReeord - Resolution RES-2010-613 , , ~1 Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn iChfist0pher Talbot Voter [] [] , [] [] [] Supervisor's Appt Albert Krupski Jr. Initiator [] [] [2] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgw~s Appt 2010-614 CA TEGOR Y: DEPARTMENT: Budget Modification Fishers Island Ferry District 2010 FIFD Budget Modification Fiscal Impact: Additional purchase of bulk hydraulic and engine oil & Additional funding necessary to dispose of bilge waters. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 Fishers Island Ferry District budget as follows: To; SM 5710.2.000.000 SM. 5710.4.000.000 From: SM.1989.4.000.000 Ferry Repairs, Both Vessels Ferry Operations, Other Total $8,000.00 $5,000.00 $13,000.00 Funded Deficit $13,000.00 Total $13,000.00 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] FI [] [] Tabled Vincent Orlando Voter [] F1 FI [] [] Withdrawn Christopher Talbot ~ec~hder 1~ F1 [21 F1 [] Supervisor's Appt Aibert ~Psk! ~r: : Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scoit Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-615 CATEGORY: Grants August 10, 2010 Page 10 Southold Town Board Meeting Minutes DEPARTMENT: Community Development Subrecipient Agreements - 2010 CDBG Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute Subrecipient Agreements in connection with the 2010 Community Development Block Grant Program, as follows: Robert Perry Child Day Care Program $ 7,500 Community Action Southold Town of Southold $ 5,000 North Fork Housing Alliance - Home Improvement Program $62~500 Peconic Community Council $ 7,000 All in accordance with the approval of the Town Attorney. [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter gl [] [] [] [] Tabled Vincent Orlando Voier [] [] [] [] [] Withdrawn ~st~pher Talbot Initiator [] [] [] [] [] Supervisor's Appt A!b~ ~P~k! J[: Voter [] [] : [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Seconder ~ El [3 13 [] Town Clerk's Appt Scoit Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-616 CA TEGOR Y: DEPARTMENT: Committee Resignation Town Clerk Accept Resignation of Beth Motschenbacher from CAC and Advertise Position RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Beth Motschenbacher from the Conservation Advisory Council, effective immediately, and be it FURTHER RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for a member to the Conservation Advisory Council to fill the vacancy created by Beth Motschenbacher's resignation Vote Record - Resolution RES-2010-616 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [3 [] [] Withdrawn [] Supervisor's Appt Christopher Talbot Voter gl [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter gl [3 [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt August 10, 2010 Page 11 Southold Town Board Meeting Minutes 2010-617 CATEGOR~ DEPARTMENT: Contracts, Lease & Agreements Recreation Hire Fall Recreation Program Instructors Resolved that the Town Board of the Town of Southold authorize and direct Supervisor Scott A. Russell to execute an agreement with the following individuals and businesses for the fall 2010 recreation programs, all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the recreation depadment's 2010 instructor line A7020.4.500.420. Lynda Agrusso (guitar) ............................................. $30/hour Antoinette Beck-Witt (drawing class) .................................... $30/hour Linda Berger (Watercolor) ........................................ $30/hour Sara Bloom (memoir writing) ................................................ $30/hour Thomas Boucher (guitar) ....................................................... $30/hour Constance Case (Quilting) ..................................................... $30/hour Eugenia Cherouski (folk dancing) ......................................... $30/hour Paula Croteau (cooking & baking) ............................... $30/hour Mary Dempsey (English as a second language) ..................... $30/hour Lenora Dome (belly dancing) ................................................ $30/hour Martha Eagle (Aerobics/Pilates/YogaJPower Stretching) ...... $30/hour East End Insurance Services (Defensive Driving) ................. $30/person Kathy Gadomski (Youth Nights) ................................. $30/hour Tom Gadomski (Youth Nights) ................................... $30/hour Dan Gebbia (dog obedience) .................................................. $70/dog Denise Gillies (Tai Chi) ............................................ $30/hour Gail Horton (Rug Hooking) ...................................... $30/hour Rosemary Martilotta (yoga) ................................................... $55/class Judy McCleery (digital photography) ............................ $30/hour Cynthia Miguone (Youth Nights) ................................. $30/hour Darren Miguone (Hula Hoop Fitness Program) ................. $30/hour Sue Mulholland (bridge lessons) ............................................ $30/hour Connie Rosnack (Youth Nights) .................................. $30/hour Candice Schott (Youth Nights) .................................... $30/hour Megan Schutt (Youth Nights) ...................................... $30/hour Laurie Short (aerobics classes) ................................................ $30/hour Steve Smith (weight training) .................................................. $30/hour Gaff Starkie (acrylic painting) ................................................. $30/hour Touch Dancing Studios (ballroom dance) .............................. $65/person Kendra Wadlington (beginner computer) ............................... $30/hour August 10, 2010 Page 12 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2010-617 I~ Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt [] Tax Receivers Appt Albert Kmpski Jr, Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hlgwys Appt 2010-618 CATEGORY: DEPARTMENT: Employment - Town Recreation Hire Seasonal Summer Staff Resolved that the Town Board of the Town of Southold appoint the following 2010 seasonal summer staff for the period August 11 - September 6, 2010 as follows: STILLWATER LIFEGUARD Matthew Dellaquila YEAR # HOURLY SALARY 1st year $12.17 ~Vote R~rd ~ ReS°iUt~n ~8-20~0-61s [] Adopted [] Adopted as Amended ~s/~ N~N~y ~bstai~ ~nt 13 Defeated William Ruland Voter [] [] : [] [] [] Tabled Vincent Orlando Voter ~ [] [] [] [] [] Withdrawn Christopher Talbot : Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Krupsk! Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [3 Town Clerk's Appt Scott Russell Voter [] [] [] [] Supt Hlgwys Appt 2010-619 CATEGORY: DEPARTMENT: Employment - Town Accounting Acknowledges Intent to Retire ,lames McMahon RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of James McMahon from the Town of Southold effective December 31, 2010. August 10, 2010 Page 13 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2010-619 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [~ [] [] [] [] Tabled Vincent Orlando Voter [] [] [3 [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Voter {~ [] [] [] [] Tax Receiver's Appt Louisa P. Evans Initiator [] [] [] [] [] Supt Hgwys Appt 2010-620 CATEGORY: Bond DEPARTMENT: Town Clerk Bond for Fuel Management System BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 10, 2010, AUTHORIZING THE ACQUISITION AND INSTALLATION OF EQUIPMENT FOR THE FUEL MANAGEMENT SYSTEM, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $230,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF $230,000 BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to acquire and install equipment for the fuel management system. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $230,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of $230,000 bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Bonds of the Town in the principal amount of $230,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (referred to herein as the "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness of the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 32 of the Law, is five (5) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures August 10, 2010 Page 14 Southold Town Board Meeting Minutes made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will not exceed five years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town without limitation as to rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only iff (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish a summary of this bond resolution, in substantially the form set forth in Exhibit A attached hereto and made a part hereof, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "The Suffolk Times," a newspaper published in Southold, New York, having a general circulation in the Town and hereby designated the official newspaper of said Town for such publication. August 10, 2010 Page 15 Southold Town Board Meeting Minutes EXHIBIT A NOTICE The resolution, a summary of which is published herewith, has been adopted on August 10, 2010 and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Southold, in the County of Suffolk, New York, is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this Notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the publication of this Notice, or such obligations were authorized in violation of the provisions of the constitution. ELIZABETH A. NEVILLE Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 10, 2010, AUTHORIZING THE ACQUISITION AND INSTALLATION OF EQUIPMENT FOR THE FUEL MANAGEMENT SYSTEM, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $230,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF $230,000 BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION The object or purpose for which the bonds are authorized is the acquisition and installation of equipment to the fuel management system, at the estimated maximum cost of $230,000. The amount of obligations to be issued is $230,000. The period of probable usefulness is five (5) years. A complete copy of the bond resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, at the Town Hall, 53095 Main Street, Southold, New York. The bond resolution was adopted on August 10, 2010. Vote Re~ord - R~olutton 111g~-2010-620 [] Adopted [] Adopted as Ammded Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Voter [] [] [] [] [] Tax Receiver's Appt Lou sa P Evans Seconder [] [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-621 CATEGORY: DEPARTMENT: Authorize to Bid Town Clerk August 10, 2010 Page 16 Southold Town Board Meeting Minutes RPF for Fuel Management RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for Request for Proposals for a Fuel Management System for the Town of Southold. [] Adopted [] Adopted as Amended Yes/Aye No/Na}~ Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincen~ 0;tana6 Seconder [] El [3 [] [] Withdrawn [] Supervisot's Appt Christopher Talbot V0~er [] [] [] [] [] Tax Receiver's Appt A!be~ Krupsk! J[~ Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt H[wys Appt 2010-622 CATEGORY: DEPARTMENT: Attend Seminar Town Clerk iVYS FOIL Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town Clerk Elizabeth Neville and Assistant Town Attorney Jennifer Andaloro to attend a New York State Archives FOIL Workshop seminar b,y Robert Freemen~ Executive Director of the NYS Committee on Open Government in Western Suffolk BOCES~ Wheatle,~ Heights~ New York~ on August 12~ 2010. Expenses for travel to be a legal charge to the 2010 General Fund Town Clerk budget (meetings and seminars). Vote Record - Resolution RES=2010-622 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-623 CATEGORY: DEPARTMENT: Budget Modification Police Dept Budget Modification- Police Department Fiscal Impact: Transferring money from the police retirment reserve to cover vacation and sick time paid to a retiring August 10, 2010 Page 17 Southold Town Board Meeting Minutes police officer. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Whole Town budget as follows: From: A.1990.4.100.200 To: A.3120.1.100.400 A.3120.1.I00.300 Contingent, Police Retirement Reserve $20,345 Police, P.S., Sick Earnings Police, P.S., Vacation Eamings Total $13,920 6,425 $20,345 Vote Record - Resolution RES-2010-623 r~ Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Voter [] 13 [] [] [] Supervisor's Appt Albert Krupski Jr. Initiator [] [3 [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [3 [] [] [] Supt Hgwys Appt 2010-624 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Lease Agreement Between the Town of Southold and Oliver Packaging and Equipment Company in Connection with Leasing a Heat Seal Machine for the Home Delivered Meals Program at the Human Resource Center RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Lease Agreement between the Town of Southold and Oliver Packaging and Equipment Company in connection with leasing a heat seal machine for the home delivered meals program at the Human Resource Center, at no cost to the Town, subject to the approval of the Town Attorney. ~ V0te Record - ResolUti0n RE8-2010-624 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-625 August 10, 2010 Page 18 Southold Town Board Meeting Minutes CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Application for Federal Assistance in Connection with the Fishers Island Airport Runway Crack Repair and Sealing Project, Phase II, Design and Construction RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Application for Federal Assistance in connection with the Fishers Island Airport Runway Crack Repair and Sealing Pro[eet, Phase II~ Design and Construction, subject to the approval of the Town Attorney. Vote Record- Resolution RES-2010-625 g~ Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] FI [] lq [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talb0~ In ator [] [] [] [] [] Supervisor's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Sco~ Russell Voter [] [] [] [] [] Supt HgwTs Appt 2010-626 CA TEGOR Y: DEPARTMENT: Employment - Town Town Clerk Recreation De£t Staffing RESOLVED that the Town Board of the Town of Southold hereby releases Jill Franke from the position of Account Clerk for the Southold Town Recreation Department, effective immediately, and be it further RESOLVED that the Town Clerk is hereby authorized and directed to advertise for the position of part-time Clerk Typist for the Southold Town Recreation Department. V~ Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Initiator [] [] [] [3 [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt H~wys Appt 2010-627 CATEGORY: DEPARTMENT: Budget Modification Town Clerk August 10, 2010 Page 19 Southold Town Board Meeting Minutes 2010 Budget Mod - Justice Court Fiscal Impact: to cover the over-expended appropriation lines. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Whole Town budget, as follows: To'- A.1110.2.200.500 A.1110.4.100.100 A.1110.4.100.150 From: A. 1110.4.600.200 Office Equipment Fax Machine Justices, C.E. Supplies & Materials Justices, C.E. Preprinted forms Miscellaneous Meetings & Seminars Total $ 51.47 $400.00 $600.00 $1051.47 $1051.47 ~ vote Record ~ Re~oluti0n RE8-2010-627 [] Adopted [] Adopted as Amended yes/Aye : No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vin~ O~land~ i~i~i~ior ~ ~ : F1 Fl [] Withdrawn ~Si~pher Tg!b0[ Vp[er ~ ~l [] ~ [] Supervisor's Appt [] Tax Receivers Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-628 CATEGORY: DEPARTMENT: Employment - Town Recreation Hire Seasonal Staff RESOLVED that the Town Board of the Town of Southold hereby appoints the following 2010 seasonal summer Recreation Department staff for the period August 11 - September 6, 2010 as follows: BEACH ATTENDANT YEAR # HOURLY SALARY Kiersti Walsh 1 st year $9.42 August 10, 2010 Page 20 Southold Town Board Meeting Minutes Vote Record - Reaolution 1~8-2010-628 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albert 1Q'upski Jr. Initiator [] [] [] [] [] Tax Receiver's Appt [] R~cinded Louisa P. Evans Voter [] Fl [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-629 CA TEGOR Y: DEPARTMENT: Performance Bond Town Clerk Release Performance Bond - Forestbrook at Bay'view WHEREAS the firewell has been installed for "Forestbrook at Bayview", now therefor be it RESOLVED that the Town Board of the Town of Southold hereby releases the performance Bond for "Forestbrook at Bawiew", Check No. 201631098 dated March 29~ 2010 in the amount of $15,000.00, as recommended by the Southold Town Planning Board, subject to the approval of the Town Attorney. [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland V0ier [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot seconder ~ [3 [3 v1 [] Supervisor's Appt [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] D [] [] Rescinded Louisa P, Evans Initiator [] [3 rl D [] Town Clerk's Appt Scoil Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-630 CATEGORY: DEPARTMENT: Bid Acceptance Town Clerk Accept Bid of Orient Fire Department for Boston Whaler RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Orient Fire Department in the amount of $16~126.00 for the 1989 Boston Whaler- HIN# BWC8B640C989 which includes the following, all in accordance with the Town Attorney. 130HP Honda Outboard- Serial #BZBE 1200569 130HP Honda Outboard- Serial #BZBE 1200571 Simrad Radar- Serial//72301497 Tandum Axel EZ Load Trailer August 10, 2010 Page 21 Southold Town Board Meeting Minutes '/Vote R~cord -Re~olufion RES-2010-630 [] 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 [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter· [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-631 CATEGOR~ DEPARTMEN~ Close/Use Town Roads Town Clerk Amend Resolution No. 2010-565 to Add 1K Kids'Race to Follow the 5K RESOLVED that the Town Board of the Town of Southold hereby grants permission to The New Suffolk Waterfront Fund and the Peconic Land Trust to use the following town roads for its 5K Run/Walk in New Suffolk, on August 14, 2010 beginning at 9:00 A.M., and immediately following the 514, a 1K Kids' Race provided they file with the Town Clerk a $100 fee, a $250 Clean-up Deposit fee, and 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: New Suffolk Road, New Suffolk Avenue, Main Street, Orchard Street, 1 st Street, Grathwohl Road and 4th Street. ~' V6ie ReCOrd. Resolution RES-2010-631 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Absta n Absent ~ Tabl~ Vinc~t ~lando S~ond~ ~ ~ ~ ~ ~ Tax R~eiv~'s Appt Alb~ ~pski Jr. Vot~ ~ ~ ~ ~ ~ Resc~d~ ~uisa P. Evins Vot~ ~ ~ ~ ~ D Supt Hgw~ Appt 2010-632 CATEGOR~ DEPARTMENT: Contracts, Lease & Agreements Town Attorney Change Order #1/F.I. Road Project/Corazzini RESOLVED that the Town Board of the Town of Southold hereby approves Change Order #1 to the Fishers Island Road and Stormwater Improvement Pro[ect Contract with Corazzini Asphalt~ Inc. in the amount of $64,797.00, subject to the approval of the Town Engineer and Town Attorney. August 10, 2010 Page 22 Southold Town Board Meeting Minutes Vote Record - R~olutinn RES-2010-632 I~l Adopted [] Adopted as Amended Yes/Aye NofNay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter ~ [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt ~ Albert Krupski Jr. Seconder [] [] [] [] E] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] FI [] [] [] Supt Hgwys Appt 2010-633 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact LL Re: Night Fishing WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 27th day of July, 2010, a Local Law entitled "A Local Law in relation to Amendments to Chapters 189 and 260 in connection with Night Fishing Parking Permits. WHEREAS that the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefore, be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapters 189 and 260 in connection with Night Fishing Parking Permits" that reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law in relation to Amendments to Chapters 189 and 260 in connection with Night Fishing Parking Permits". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To create an exception to parking restrictions for fishermen and shell fishermen that are residents, guests of residents or lessees of the Town allowing parking access to beaches, creeks, and waters within the Town between the hours of 10:00 p.m. and 6:00 a.m. with a proper permit and to relocate the applicable provision for parking at beaches from the Vehicle and Traffic Code (Chapter 260) to the Parking Code (Chapter 189). II. Chapter 189 of the Code of the Town of Southold is hereby amended as follows: § 189-2. Designation of parking areas requiring permits. August 10, 2010 Page 23 Southold Town Board Meeting Minutes The parking of vehicles is hereby prohibited between the hours of 10:00 p.m. to 6:00 a.m. in all of the beach parking areas designated in §189-2A. § 189-3. Parking permits. Parking permits for parking vehicles in the parking areas designated in § 189-2 of this article shall be issued as follows: G. Night fishing parking permit. For the purpose of ensuring fishermen and shell fishermen parking access to the beaches, creeks and waters within the Town of Southold when such parking access is normally closed (10:00 p.m. to 6:00 a.m.), the following exception to §189-2G is hereby created: [Added 6-8-1999 by L.L. No. 4-1999] (1) Night fishing parking permit. A night fishing parking permit shall be issued by the Town Clerk or a person designated by the Town Clerk to all persons who hold a resident, lessee or guest parking permit. (2) Any motor vehicle having a night fishing parking permit shall be deemed not to be in violation of § 189-2G or § 189-3G and where both the night fishing permit and the resident, lessee or guest parking permit are properly displayed. (3) The following roles and regulations apply: (a) At the time a motor vehicle with a night fishing permit is parked at a location during a time in which parking is normally prohibited by §189- 2G and §189-3G, the occupants of the vehicle must have fishing equipment and be actively engaged in fishing. The permit is nontransferable and valid only for vehicles bearing the license plate number on the permit. (b) Fees. There shall be no annual fee for night fishing permits. (c) Duration of permits. All night fishing permits provided for in this section shall expire at the same time as the resident, lessee or guest parking permit. (4) Other regulations. Persons using parking areas pursuant to the provisions of this section shall comply with all other laws, ordinances, roles, regulations and restrictions thereto. III. Chapter 260 of the Code of the Town of Southold is hereby mended as follows: § 260-9. Parking prohibited during certain hours. August 10, 2010 Page 24 Southold Town Board Meeting Minutes [Ax, 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. Vote Record - Resolution RES-2010-633 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-634 CA TEGOR Y: DEPARTMENT: Enact Local Law Town Clerk Enact LL - Bldg Permit Fee WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 13th day of July, 2010, a Local Law entitled "A Local Law in August 10, 2010 Page 25 Southold Town Board Meeting Minutes relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning~ in connection with Building Permit Fees. WHEREAS the Town Board of the Town of Southold held a public heating on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning~ in connection with Building Permit Fees "reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning"~ in connection with Building Permit Fees. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has reviewed the building permit and certificate of occupancy fees associated with the Town's Fire Prevention and Building Code Administration (Chapter 144) and the Zoning Code (Chapter 280) and have determined that the calculation of building permit fees is outdated and requires revision. Additionally, the Town Board is removing the references to certificate of occupancy fees in Chapter 280 and relocating such fees within Chapter 280 so that all Building Department fees are located in Chapter 144. II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows: § 144-8. Building permit required; application for permit. Permit fees. (1) The following fees shall be paid upon the filing of an application with the Building Inspector for a building permit, which fees shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied: (a) Single-family dwellings: [ 1 ] New dwellings and alterations or additions to existing dwellings: $200, plus $0.40 for each square foot of floor area ~ [2] Accessory buildings and additions or alterations to existing accessory buildings: $100, plus $0.40 for each square foot of floor 0f599 August 10, 2010 Page 26 Southold Town Board Meeting Minutes (2) (3) (4) (5) (6) (b) Farm buildings and additions or alterations to existing farm buildings: $150 for each building· (c) Hotel, motel, multiple dwellings and business, industrial and all other buildings, including wineries: [1] New buildings and additions and alterations to existing buildings: $250, plus $0·40 for each square foot of floor area [2] Accessory buildings and additions and alterations to existing accessory buildings: $100, plus $0.40 for each square foot of floor area ................ ~ (d) Foundations constructed under existing buildings: $200. (e) In-ground swimming pools, together with required enclosure fencing: $250; abovoground swimming pools, together with required enclosure fencing: $250. (f) The permit fee for all signs shall be $75 per permit. (g) Demolition and/or removal of any building: $70 $100 minimum and · hr ~AA .......r~* of floor area. $0.30 for each square foot :n excess ...... If an application is denied and a notice of disapproval is issued, the applicant shall pay a fee of $50. For the purpose of this Subsection K, cellars, decks, attached garages and any habitable area shall be included in the calculation of floor area. Preconstmction fee. If any land cleating or excavation or building or commencement of any construction activity is without the benefit of applicable Town permits, all fees associated with any land cleating or excavation or building or construction activity will be equal to double the otherwise applicable fee for all permits as provided by this chapter. Notwithstanding the foregoing, no fee shall be required of or paid by taxing entities or districts, including but not limited to fire districts, school districts, park districts and the like. In the event that a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee paid within one year of issuance, provided that no construction has commenced. § 144-15. Certificate of occupancy required; application. Certificate of occupancy fees. [Amended 3-14-1989 by L.L. No. 3-1989; 9-26-1989 by L·L. No. 20-1989] (1) The following fees shall be paid upon the filing of an application with the Building Inspector for a Building Permit, which fee shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied: (a) Business buildings and/or business uses and additions and alterations thereto: $50. (b) New dwellings and additions and alterations thereto: $50. (c) Accessory buildings and additions and alterations thereto: $50. August 10, 2010 Page 27 Southold Town Board Meeting Minutes (2) (d) Preexisting dwellings: $100.EN (e) Updated certificates of occupancy by reason of additions or alterations: $50. (f) Copies of certificates of occupancy: $0.25.EN [Amended 12-21-1993 b¥ L.L. No. 26-1993; 4-30-1996 by L.L. No. 3-1996] Notwithstanding the foregoing, no fee shall be required or paid by taxing entities or districts, including but not limited to fire districts, school districts, park districts and the like. III. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-154. Certificates of Occupancy. 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. August 10, 2010 Page 28 Southold Town Board Meeting Minutes Vote RecOrd - Resolution RES-2010-634 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [3 [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt AlbePt Kmpski Jr. Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 27. Comments regarding resolution 634 SUPERVISOR RUSSELL: I also want to thank Councilman Talbot for his insight as a professional building inspector. This is actually, although it seems like we are raising fees, we are to a small point raising fees but the administrative soft costs of doing business with this town have gotten out of hand, the need for engineers, architects etc. This law was passed with an understanding that we are qualified in house to do that and we expect our building department and other officials to do the work that they need to do, so that the public doesn't have to run to an architect every time they need a building permit approved. At the end of the day, when this is all considered, the town's revenue will increase but the overall cost to the applicant will go down and go down substantially. VI. Public Hearings Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 7:55 P.M. in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Kmpski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell 1. Set PH LL/Building Permit Fees COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 13th day of July, 2010, a Local Law entitled "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning~ in connection with Building Permit Fees". and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 10th day of August, 2010 at 7:35 p.m. at which time all interested persons will be given an opportunity to be heard. August 10, 2010 Page 29 Southold Town Board Meeting Minutes The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Building Code Administration~ and Chapter 280, Zoning, in connection with Building Permit Fees" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration, and Chapter 280~ Zoning", in connection with Building Permit Fees. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has reviewed the building permit and certificate of occupancy fees associated with the Town's Fire Prevention and Building Code Administration (Chapter 144) and the Zoning Code (Chapter 280) and have determined that the calculation of building permit fees is outdated and requires revision. Additionally, the Town Board is removing the references to certificate of occupancy fees in Chapter 280 and relocating such fees within Chapter 280 so that all Building Department fees are located in Chapter 144. II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows: § 144-8. Building permit required; application for permit. K. Permit fees. (1) The following fees shall be paid upon the filing of an application with the Building Inspector for a building permit, which fees shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied: (a) Single-family dwellings: [1 ] New dwellings and alterations or additions to existing dwellings: $200, plus $0.40 for each square foot of floor area [2] Accessory buildings and additions or alterations to existing accessory buildings: $100, plus $0.40 for each square foot of floor area in ....... c ~t~ ....... c~ (b) Farm buildings and additions or alterations to existing farm buildings: $150 for each building. (c) Hotel, motel, multiple dwellings and business, industrial and all other buildings, including wineries: [1 ] New buildings and additions and alterations to existing buildings: $250, plus $0.40 for each square foot of floor area [2] Accessory buildings and additions and alterations to existing accessory buildings: $100, plus $0.40 for each square foot of floor area in (d) Foundations constructed under existing buildings: $200. (e) In-ground swimming pools, together with required enclosure fencing: $250; aboveground swimming pools, together with required enclosure August 10, 2010 Page 30 Southold Town Board Meeting Minutes fencing: $250. (f)The permit fee for all signs shall be $75 per permit. (g) Demolition and/or removal of any building: $70 $100 minimum and $0.30 for each square foot m ............. ,~ ....... of floor area. (2) If an application is denied and a notice of disapproval is issued, the applicant shall pay a fee of $50. (3) For the purpose of this Subsection K, cellars, decks, attached garages and any habitable area shall be included in the calculation of floor area. (4) Preconstruction fee. If any land clearing or excavation or building or commencement of any construction activity is without the benefit of aPplicable Town permits, all fees associated with any land clearing or excavation or building or construction activity will be equal to double the otherwise applicable fee for all permits as provided by this chapter. (5) Notwithstanding the foregoing, no fee shall be required of or paid by taxing entities or districts, including but not limited to fire districts, school districts, park districts and the like. (6) In the event that a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee paid within one year of issuance, provided that no construction has commenced. § 144-15. Certificate of occupancy required; application. E. Certificate of occupancy fees. [Amended 3-14-1989 by L.L. No. 3-1989; 9-26-1989 by L.L. No. 20-1989] (1) The following fees shall be paid upon the filing of an application with the Building Inspector for a Building Permit, which fee shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied: (a) Business buildings and/or business uses and additions and alterations thereto: $50. (b)New dwellings and additions and alterations thereto: $50. (c)Accessory buildings and additions and alterations thereto: $50. (d)Preexisting dwellings: $100.EN (e) Updated certificates of occupancy by reason of additions or alterations: $50. (f) Copies of certificates of occupancy: $0.25.EN [Amended 12-21-1993 by L.L. No. 26-1993; 4-30-1996 by L.L. No. 3-1996] (2) Notwithstanding the foregoing, no fee shall be required or paid by taxing entities or districts, including but not limited to fire districts, school districts, park districts and the like. III. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-154. Certificates of Occupancy. August 10, 2010 Page 31 Southold Town Board Meeting Minutes IV. · T xr~ -~ !993;~. 20 1995by· · x,^ ,1 lnn~:l 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. I have the notice dated July 30, 2010 that it was posted in the Suffolk Times and an affidavit that it was posted on the Town Clerk's bulletin board. We have a notice from the Suffolk County Pla~'lng Commission stating that it is a matter for local determination. From the LWRP coordinator, saying that the proposed local law has been reviewed to chapter 268 and based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is consistent with the LWRP policy standards and therefore is consistent with the LWRP. I have a couple of other short notices, short environmental assessment form which was attached to the LWRP and that is it. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on building permit fees? BENJA SCHWARTZ: Good evening. If nobody else will, Benja is here. How are you doing? I don't get it. What is the story here? It says here the following fees shall be paid, the fees shall be paid or returned to the applicant if the application is denied. So it should go into the general fund if the application is approved or returned to the applicant so there it implies that whatever fee the applicant paid, he will get it back if the application is denied. And then down here, it says if the application is denied, the applicant shall pay a fee of $50. So it sounds like you are taking the money, giving it back and then taking more money. Why not just refund everything but the $50? But then it gets even more exciting down further on where it says that in the event a building permit is not approved the applicant shall be entitled to a refund of 50% of the fee paid August 10, 2010 Page 32 Southold Town Board Meeting Minutes within one year of issuance, the building permits not approved, the applicant shall be entitled to a refund of 50% of the fee paid within one year of issuance. If it is not approved, then how is it issued? And if they get 50% of the fee back where if it is denied they get it all back? I don't, I just don't understand the language here, what it means. COUNCILMAN TALBOT: There are a couple of them where you are talking about has already been in the code and hasn't changed. The one in regards to paying an additional $50, that is if the application is going to go to be heard in front of the Zoning Board of Appeals and a notice of disapproval is written by the building inspector. MR. SCHWARTZ: Well, if that is what it says here, then we should pass this law. But I, you know, first review here doesn't, it is not very easy to understand. At the very least it could be clarified. COUNCILMAN TALBOT: Benja, the easy summary of this whole thing is there was no amendments to the existing fee schedule. There were eliminations. We had a lot of things that the town was giving for free. For example, new dwellings and alterations or additions to existing dwelling. Pay a $200 fee plus .40 for each square foot of floor area in excess of 850 square feet. Then it went into accessory buildings, you paid a fee and then everything in excess of 500 square feet. So the town was giving all of this stuff for free where it still had to be reviewed by the building department, plans examiner and then inspected by the building inspectors and I had suggested that we eliminate the freebies because nobody gets anything for free these days and those were the amendments to it. as far as the certificates of occupancy, we used to pay them at a $25 rate at the end of the project and the building department was forever chasing applicants whether they knew that their certificate of occupancy was never issued, the contractor might have left it not closed, so the building department ended up chasing the homeowners to find these fees. So we amended that, it is a $50 fee will be paid at the time the permit is issued or paid for. So all the money will be paid up front. Other than that, there were no other amendments made to it. MR. SCHWARTZ: So you are saying all this is already in the law? That if the application is returned to the applicant that the fees shall be returned to the applicant if the application is denied .... COUNCILMAN TALBOT: Yes, that has already been in the code. COUNCILMAN KRUPSKI: Martin, could you clarify that? Number 6. MR. SCHWARTZ: And then if the application is denied, the applicant shall pay a fee of $50. If my application was denied and I had to pay a fee for that, I mean, if they held back some of the money that I paid originally I would understand it but if I had to pay a fee for the denial, it would bother me. And then that section 6 there .... COUNCILMAN KRUPSKI: That is a valid point. Number 6 is kind of interesting. August 10, 2010 Page 33 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: I think that speaks to the issue of notice of disapproval, which you need to go to another jurisdiction like the ZBA. Okay, would anybody else like to address the Town Board on this particular local law? NANCY SAWASTYNOWICZ: Good evening, Nancy Sawastynowicz of Cutchogue. I just have been thinking about this. When they do an addition down in our area, it has wrecked the roads. Is there anyway that you could put a fee on to repair roads when they come in with all that heavy equipment and really rip up the roads? Is that out of the question? SUPERVISOR RUSSELL: They would actually, under current, without changing any laws at all, be required to repair that road, to replace it in kind. To its original condition. MS. SAWASTYNOWICZ: The person that destroyed it. SUPERVISOR RUSSELL: That is right. If that is taking place, then we need to know about it. I am sure Pete Harris will be out there making sure that they go out and restore what they have destroyed. MS. SAWASTYNOWICZ: The building department inspector wouldn't report saying the road was all .... SUPERVISOR RUSSELL: Well, that is issues of communication can always be improved in town government, that is for sure. MS. SAWASTYNOWICZ: Okay. I will keep an eye on it and talk to Pete when construction is done because that has really wrecked that little tar road there. SUPERVISOR RUSSELL: Please. Thank you. Would anybody else like to address the issue of building permit fees? (No response) RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell 2. PH 8/10/10 7:35 Pm - Night Fishing COUNCILMAN TALBOT: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 27th day of July, 2010, a Local Law entitled "A Local Law in relation to Amendments to Chapters 189 and 260 in connection with Night Fishing Parking Permits. RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the l0th day of August, 2010 at 7:35 p.m. at which time all interested persons will be given an opportunity to be heard. August 10, 2010 Page 34 Southold Town Board Meeting Minutes The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapters 189 and 260 in connection with Night Fishing Parking Permits" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law in relation to Amendments to Chapters 189 and 260 in connection with Night Fishing Parking Permits". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To create an exception to parking restrictions for fishermen and shell fishermen that are residents, guests of residents or lessees of the Town allowing parking access to beaches, creeks, and waters within the Town between the hours of 10:00 p.m. and 6:00 a.m. with a proper permit and to relocate the applicable provision for parking at beaches from the Vehicle and Traffic Code (Chapter 260) to the Parking Code (Chapter 189). II. Chapter 189 of the Code of the Town of Southold is hereby amended as follows: § 189-2. Designation of parking areas requiring permits. G. The parking of vehicles is hereby prohibited between the hours of 10:00 p.m. to 6:00 a.m. in all of the parking areas designated in § 189-2. § 189-3. Parking permits. Parking permits for parking vehicles in the parking areas designated in §189-2 of this article shall be issued as follows: G. Night fishing parking permit. For the purpose of ensuring fishermen and shell fishermen parking access to the beaches, creeks and waters within the Town of Southold when such parking access is normally closed (10:00 p.m. to 6:00 a.m.), the following exception to §189-2G is hereby created: [Added 6-8-1999 by L.L. No. 4-1999] (1) Night fishing parking permit. A night fishing parking permit shall be issued by the Town Clerk or a person designated by the Town Clerk to all persons who hold a resident, lessee or guest parking permit. (2) Any motor vehicle having a night fishing parking permit shall be deemed not to be in violation of § 189-2G or § 189-3G and where both the night fishing permit and the resident, lessee or guest parking permit are properly displayed. (3)The following rules and regulations apply: (a) At the time a motor vehicle with a night fishing permit is parked at a location during a time in which parking is normally prohibited by § 189- 2G and §189-3G, the occupants of the vehicle must have fishing equipment and be actively engaged in fishing. The permit is nontransferable and valid only for vehicles bearing the license plate number on the permit. (b) Fees. There shall be no annual fee for night fishing permits. (c) Duration of permits. All night fishing permits provided for in this section shall expire at the same time as the resident, lessee or guest parking permit. (4) Other regulations. Persons using parking areas pursuant to the provisions of this section shall comply with all other laws, ordinances, rules, regulations and restrictions thereto. August 10, 2010 Page 35 Southold Town Board Meeting Minutes III. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: § 260-9. Parking prohibited during certain hours. IV. SEVE~BILITY 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. We have a copy of, that it was noticed for public hearing tonight, August 10. On the 6th day of August in the Suffolk Times. We have a letter from the Suffolk County Department of Planning saying it is a matter for local determination and just an affidavit from the Town Clerk that it was posted on the Town Clerk's bulletin board. And that is it. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this particular local law? Night fishing permits? UNIDENTIFIED: Inaudible. I request from the Town Board the last 30 years to use the rules as you write them. Because it seems to me like you put the rules in the book but nobody is August 10, 2010 Page 36 Southold Town Board Meeting Minutes following them. Or they are not qualified, the people in the Building department or in the Zoning Board or (inaudible). I mean, there is no other explanation to me. I sent a registered letters to four supervisors so far. Nobody did nothing. My property is now worth half of what it was 10 years, 20 years ago because of what you allow them to be done over there. SUPERVISOR RUSSELL: This is your property in front of Island's End golf course? UNIDENTIFIED: Yes. SUPERVISOR RUSSELL: Can I just ask that we get the business of this local law done and then I will have you come up after to address those issues? because what we have is a hearing on just these local laws, we will hurry up and act on these and then I will go to the general .... UNIDENTIFIED: Alright. I got the zoning (inaudible), I have got everything. SUPERVISOR RUSSELL: Alright, and I will have you come back up in a few minutes. Let me just take care of this first. NANCY SAWASTYNOWICZ: Nancy Sawastynowicz of Cutchogue. I was just curious on this law. I have nothing against the fishermen but why, were there a lot of requests? SUPERVISOR RUSSELL: There weren't a lot, there were some. Principally we have a fishing group that is basically comprised of residents from Riverhead and Southold. Now this fishing group in particular, tends to volunteer every year for the beach cleanups that we host, they have adopted beaches. And some of them, Riverhead offers guest passes to the Southold residents, Southold had never had a law that allowed us to issue guest passes to the Riverhead residents. So this is sort of an effort at diplomacy to allow the guests of residents of this town the right to have their friends come fish with them. MS. SAWASTYNOWICZ: Okay. I am just concerned because I live at a dead end where there is a lot of fishing and I am not against the fishermen but patrolling that night fishing because there are a lot of parties down at that dead end at the beach and the police, I mean, I hate to call them every single weekend, I don't usually do that because you know, the kids have to go somewhere also but you know, when they have bonfires with gasoline and pallets and 40 feet in the air and you can see it from Cutchogue village, I call. So I am just concerned about whether it will encourage more parties down .... SUPERVISOR RUSSELL: I do not believe, we have thought long and hard about that because of our current straggles to enforce existing code... MS. SAWASTYNOWICZ: Exactly. SUPERVISOR RUSSELL: But the reality is, the people that follow the rules will follow the rules. These people will come and get their permits and do what they are supposed to be doing, which is just fishing. The people that don't follow the rules, don't follow the rules regardless of August 10, 2010 Page 37 Southold Town Board Meeting Minutes this law. We are still going to have struggles and problems in trying to enforce the abuse that takes place on the beaches at night and at other times. That is an ongoing struggle, we have been trying to develop resources that will help us address it better but this should be really viewed independent of that. These are people that will come in and get the pass and not only will we know who they are, we will know who the resident is, the sponsoring resident of the town is. MS. SAWASTYNOWICZ: Well, I think it is a good law and thank you for that and I also at this point would say that the traffic patrol young men are doing a wonderful time down at that dead end because there is so much illegal parking. I would like to thank the town for that and for putting up the signs so that, I mean, I couldn't even get out of my driveway, it is just amazing down at that dead end so I would like to thank you for that, too. And I will always take some fish. COUNCILMAN KRUPSKI: It is also for local residents because even if the road ends aren't posted, you can't, you are not supposed to park there between certain hours at night. Even for local residents who have a regular town parking permit, now they can, if you go crabbing at night or whatever, now at least police officers know you are a resident, you are legitimate, you are supposed to be there. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this particular local law? (No response) RESULT: CLOSED ]UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Kmpski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Closing statements SUPERVISOR RUSSELL: That would conclude the business of the agenda. Would anyone like to come up and address the Town Board on any issue? Okay, I am sorry, the gentleman that I wanted to get back to that I had to unfortunately cut off. But Anne, why don't you go. ANNE MURRAY: Anne Murray from East Marion. I couldn't make the work session this morning but I noticed that the noise ordinance was on there. SUPERVISOR RUSSELL: Yes. MS. MURRAY: Can you fill me in? SUPERVISOR RUSSELL: Yes. MS. MURRAY: As you know, East Marion is anxiously awaiting an action. SUPERVISOR RUSSELL: We have a rough draft of the noise ordinance. What we have done now is the town attorney has distributed that to the town board and other interested departments, the planning board, zba, etc., code enforcement to weigh in. I think the best way of addressing this is to suggest that it is not going to be a noise ordinance that addresses all the issues I get August 10, 2010 Page 38 Southold Town Board Meeting Minutes complaints about. What we really are focused on is the intrusion of noise into residential communities from commercial operators. So what this noise ordinance will do is it will place decibel limits and hours of, you know, reasonable hours of amplified sounds. The sounds that come from the commercial areas and resonate into the residential areas. It will give us the teeth to be able to put an end to some of those... MS. MURRAY: Right. That is what we were hoping. But when, I mean, we were at a code committee meeting, I think it was last spring. Bill Ruland, you were there, and we gave a little input there and I thought it had gone back to the town board. So where does it go now? SUPERVISOR RUSSELL: Okay, well, some tlxings got set to the side so we can finish up some of the other work that was at hand. Now that that work is done, this will be I suspect, will probably be the next local law you will be seeing published in the very near future. I would hope to have something passed before the summer ends. MS. MURRAY: Great. So you will have a public heating on the .... SUPERVISOR RUSSELL: Just like any other local law. But it would be my personal goal to have this done before Labor Day. MS. MURRAY: How does the rest of the town board feel about that? Anybody want to jump in? COUNCILMAN RULAND: I think it is doable. COUNCILMAN KRUPSKI: I think it is ambitious but it is not unreasonable that we would act on it quickly because I think there is support for it. MS. MURRAY: Great. Because we have so many problems .... COUNCILMAN KRUPSKI: Labor Day? COUNCILMAN ORLANDO: That is tight for Labor Day. SUPERVISOR RUSSELL: Well, we are not passing it by then, we are noticing it so that the public, you know, it is before the public for that... MS. MURRAY: I am sure there will be a lot of people at the public heating because it has become a really big issue. SUPERVISOR RUSSELL: And we presume it is going to cut on both sides. There are going to be some opposing it but what is becoming clearer now is that the changing landscape has required that we start addressing some of those intrusions into residential areas. Some of the other things I get complaints about such as the weed whackers that are used too early in the morning, we just felt that at this time we didn't want to take too big a bite of the apple and right August 10, 2010 Page 39 Southold Town Board Meeting Minutes now to address those issues which are more about manners than anything, would be too difficult. What we are trying to do is get this basic legislation on the books with the decibel reader, get the police department equipped in using the decibel reader and then down the road, we can certainly pick up the other issues as we go. MS. MURRAY: That is great news. Great. Wonderful. Please keep us posted. SUPERVISOR RUSSELL: Okay. Please? LORI HOLLANDER: Lori Hollander, Greenport. That is wonderful news that I just heard addressed to Anne Murray. And it touches on what I want to say. Loft Hollander, Greenport, I have been living there for 12 years. I am here because of the disturbances created by the newly, created by the Portly Grape which just recently came in. and I have, I have a little statement, short and then I have three questions but I just want to ask something related to what you said to Anne Murray. If there is a property that is zoned commercial, a tiny little property and then there is a whole big area of residential, are they still going to be able to make noise or did you .... SUPERVISOR RUSSELL: No, that is exactly what we are trying to address. That is the, the code, although of course we are doing a comprehensive master plan, under the current code what we have are these little businesses that are becoming rather intense in use. We have seen it in Mattituck, we have seen it in East Marion. We are seeing it now and I have received your mails and emails of your neighbors in support of the issues there. MS. HOLLINGER: Okay, thank you. SUPERVISOR RUSSELL: The idea is, we don't want to trample on the businesses and I understand and from the tone of the emails I am getting from your community, they want to see them succeed but not at the price of sacrificing their residential use in the backyards. That is where the Town Board needs to step in and say look, there is no reason why they can't peacefully coexist. COUNCILMAN ORLANDO: So they will be allowed to do some music but they can't have it super loud and they can't play it until 2:00 in the morning. So there is going to be some guidelines there. MS. HOLLINGER: What about even if 11:00 is late? SUPERVISOR RUSSELL: Well, those are the, you know, when we have the local law, that is the stuff that we were working on today. What is a reasonable cutoff time and also what are the graduated scales. You know, noise even during the day, even if it is eight or nine hours long is incessant. So we need to look at all those things and say you know, we probably can't address issues of background noise but make sure it is background noise not this intrusive, loud drone. So those are the things that we are working on now but like I said, I would like to have something out for the public by Labor Day. August 10, 2010 Page 40 Southold Town Board Meeting Minutes MS. HOLLINGER: It will make a lot of people very happy. You know, the Shady Lady was operating there before. They had a bar, they had a restaurant, they had live music and they never, ever disturbed the community because it was inside and I have never heard anything, I have been living here for 12 years, any problems from anybody in the community. And then the, you know, the Portly Grape came in and they set up in this tent and they have a bar, they have a restaurant and they have blasting, loud music. I mean, deafening speakers. We go in our house, close our windows, close our doors and we can still hear it. I mean, it is crazy and Thursday nights they have a movie theatre set up there now. They have an outdoor, bring your blanket on the grass movie theatre and I am sitting in my backyard and heating boom, sound track from the movie, it is just, you know, it is horrible. And so, let me just see where I am here. Anyway, the noise is so loud it goes up a third of the block, up to the bluffs. My neighbors have heard it a third of the block up from the bluff and had to close their window. And the music goes on until 11:30, you know, we are not all late people. Some of us get up, go to work, we like to play sports in the moming. We don't want to be up until 11:00 at night and their music, the Portly Grape music is going on, I called the police once, the latest it was going that I heard was a little after midnight. But it is, you know, first they said it would only by 11:00 and now they are advertising 11:30, so anyway. Because of this, I decided to go down to the town board and file a freedom of information act to see if there was actually a CO for this tent. I had a friend that worked for the Shady Lady and I could be wrong but I heard that they couldn't get a CO to serve and to do an event in the tent, so they just did takeout. So I went down to file the freedom of information act and I got a whole bunch of papers on the Portly Grape but none of tham showed me a real CO for the tent. What I did get was a health department statement showing that they are allowed to have a maximum of 50 people inside and 50 people outside. Correct me if I am wrong but I would think that would mean that they couldn't have more than 50 people together in one location at the same time. I mean, they couldn't have 100 people inside and 100 people outside. I think that is what they meant. And then I remembered the article in the Suffolk Times where the people who own the Portly Grape advertised they are going to have weddings, they are going to have huge events, and I don't see how they can do that. That is a contradiction of the code. So, several of my neighbors came down with me next time and we went down and we filed, we went down and filed the freedom of information act again and we wanted to look further for this, you know, for the CO. and we were handed two giant boxes of files. My neighbor said they dated back to the Porky's. I didn't see the Porky's, I just saw the Shady Lady. We spent, three of us, at least an hour, probably more than an hour, trying to figure out what was going on and we picked out as many papers as we could and we Xeroxed them. When we got home, you know, all we could find was the CO for the existing building that was dated 2002 and stapled to that was another picture with a picture of the tent that was taken in 2010. there was nothing written about the electricity or anything about the tent. So once again, and of course there was nothing about the legality of the movie theatre on the lawn. So I have a question, I would like to know if I could get a written explanation of the building inspector's interpretation of the CO granted for this property which includes the tent. Is that possible? Could I get something like that? COUNCILMAN ORLANDO: Do you get a CO for a temporary structure like that? COUNCILMAN TALBOT: No, they wouldn't get a certificate of occupancy if it is a August 10, 2010 Page 41 Southold Town Board Meeting Minutes temporary tent. There wouldn't be a certificate of occupancy on that. And the written determination on, to describe their certificate of occupancy should be fully described on the certificate of occupancy. MS. HOLLANDER: Wait, wait. Could you explain that again? COUNCILMAN TALBOT: You will get the paper and it could be the certificate of occupancy and it will give the description of the use that is allowed there. MS. HOLLANDER: Oh. COUNCILMAN TALBOT: And some of the commercial buildings in town will have, you know, the number of diners that could be allowed there, what uses are allowed there. MS. HOLLANDER: Okay. So we couldn't find anything like that. So can somebody, can I get from somebody, can somebody send me .... SUPERVISOR RUSSELL: Can I ask you to give me the specific requests directly to me tomorrow and I will go to the departments that need to give you the answers and get them for you? And in the future I would ask, rather than file a FOIL, just come in and see if we can make that available in a way that, you know, the paperwork if there is issues there, maybe we need to sit down with the building inspector, the chief building inspector and get some understanding and insight. There is a lot of history there, I can't answer the questions tonight but I will certainly be happy to try to get answers for you. MS. HOLLANDER: Okay. so let me make sure I understand this correctly. I am going to make the request to you .... SUPERVISOR RUSSELL: Yes, you don't even have to write it down, at least have my secretary write it down so I know exactly what you need and I will make sure I get the answers. MS. HOLLANDER: And I am asking for something that shows the legality of what they are allowed to do in that tent. SUPERVISOR RUSSELL: Okay. that would speak to issues of the code itself not necessarily the CO but I will certainly get those answers for you as well. MS. HOLLANDER: Okay and now, yeah (inaudible) so it is not a temporary tent, it is a permanent tent... COUNCILMAN TALBOT: It has to be on their site plan. UNIDENTIFIED: It is sitting on a cement slab. SUPERVISOR RUSSELL: Okay. well, we certainly will, again get those answers for you. August 10, 2010 Page 42 Southold Town Board Meeting Minutes MS. HOLLANDER: Okay, and then also I would like to know about the legality, the safety or what are the laws about setting up a movie theatre, can any of us set up a movie theatre on our lawns? I mean is there any safety or .... COUNCILMAN TALBOT: Depending on how many people came down because we usually set one up at the beach in the summer months and have 50, 75 kids that come down there. SUPERVISOR RUSSELL: All of those uses that you describe should have been part of a legitimate site plan process that would factor all of those uses and those intensity of uses in that, so I am going to try to get some answers for you tomorrow that might very well not have been part of the contemplated uses as part of the original site plan. MS. HOLLANDER: Inaudible. SUPERVISOR RUSSELL: Site plan. Before the Planning Board. MS. HOLLANDER: Inaudible. SUPERVISOR RUSSELL: I am going to have to assume it should be. Anything that would intensify the use of that site should have been before the Planning Board when they were going through that process because the Planning Board is the jurisdiction that will go out to the highway, go out to the, in this case, I think the county probably and state because of the intersection there, all interested agencies, to get the feedback on issues of safety and traffic flow and all of those things. But it is very difficult to answer the more specific questions but generally a lot of that stuff, all of that stuff would be captured in that site plan process. MS. HOLLANDER: Okay and that is stuff that I am going to come to you and try to get some information from. SUPERVISOR RUSSELL: Absolutely. MS. HOLLANDER: And last but not least, Anne Murray said what I was going to say about the, you know, noise ordinance. We are just really hoping for a noise ordinance and I know we are the only town in all of Long Island that doesn't have one. SUPERVISOR RUSSELL: What I am going to do tomorrow is, I have been getting your emails, is I am going to go, after we have resurrected the discussion, I am going to go talk to the owners tomorrow and let them know that, look, we are going to have something pending and passed pretty soon. What I really need is people to change your economic model because if this is how you are going to generate your business it is not going to last much longer. So I am going to go try to have a, you know, try to get some voluntary compliance to something that is coming down the pike in the very near future. There are two other locations that I need to address as well. MS. HOLLANDER: You mean you are actually going to... August 10, 2010 Page 43 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: I am going to go visit and talk to them. MS. HOLLANDER: I mean, I was told only to speak for myself but I am just going to say something. My neighbor, in her house, she tells me she can hear every word to their song, when she has her records, she bought a record player and when she has her record player on she can't hear her own record. And I just want to say there are a lot of elderly people who live there who are afraid to say anything or are too shy. And they live right near there. Inaudible. COUNCILMAN TALBOT: You know I am sorry that we would have to adopt a noise ordinance. I said today that, you know, we are becoming like every other town. We never had it and we probably, if we were the only ones that didn't have it it was because we didn't need it. MS. HOLLANDER: I know. COUNCILMAN TALBOT: That people don't have the common courtesy for their neighbors anymore that they always did out here and things are changing and it is now we are looking at having to face a new law. MS. HOLLANDER: I have been here for 12 years and it has never been a problcnn. COUNCILMAN TALBOT: It is a shame. MS. HOLLANDER: And there are some, people spend their life fortune buying a house to sit in the backyard and enjoy in the summer you know? COUNCILMAN TALBOT: I agree. MS. HOLLANDER: And to have to go and close your windows .... SUPERVISOR RUSSELL: It is a growing issue throughout the town. Certainly we have had our trouble spots, like I mentioned Mattituck, East Marion and now this but it is a growing issue for a variety of reasons throughout the entire town, particularly amplified sounds, music, noise etc. MS. HOLLANDER: Well, I thank you so much. COUNCILMAN RULAND: Might I ask you a question? MS. HOLLANDER: Sure. COUNCILMAN RULAND: Do you know if there is a fee charged for the movie? MS. HOLLANDER: I actually do. It is $5 and you can buy wine and cheese, I forgot (inaudible), there is a connection with buying the wine and cheese. It was in the paper. Inaudible. Does that make a difference if there is a fee? August 10, 2010 Page 44 Southold Town Board Meeting Minutes COUNCILMAN RULAND: It sure would to me. SUPERVISOR RUSSELL: It might be to the people... COUNCILMAN RULAND: Not about attending but about to the supervisor's comment of what is allowed in the site plan. Councilman Talbot talked about well, we went down to the beach and we set up a movie and a bunch of children gathered and watched the movie versus we have a movie, we are going to charge a fee so you can .... MS. HOLLANDER: Oh, there is definitely a fee. SUPERVISOR RUSSELL: I wonder if the people that own the copyrights to the movie would be interested in knowing that as well. MS. HOLLANDER: We have been wondering that, too. COUNCILMAN ORLANDO: As the Youth Bureau Southold Town, they are having on August 20th a movie night at Tasker park for free for all the kids to come down and watch a movie as well. MS. HOLLANDER: Inaudible. But not every Thursday night, blasting into people's .... SUPERVISOR RUSSELL: I am going to give the owners the benefit of the doubt here, go and reach out to them tomorrow and have them, you know, develop an understanding of what that particular model they are shooting for is doing to the community and how the town is, was in the process of addressing things like that anyway, so we are just putting it to the front burner now and making sure it gets done. Victor? VICTOR BROWN: Victor Brown, Greenport. Laurie Freewell covered the concerns about the noise ordinance or the problem, the noise problem. And I would just like to add something to the problem that probably is going to be taken up with the noise ordinance and that has to do with the amplitude of the sound. The way the Portly Grape for example is situated, my house happens to be 1/3 ora mile north right up on the Sound, I am just about 75 yards from 67 steps and I could hear, last Saturday night, I could hear every nuance of sound coming from the Portly Grape. I was just astounded. On both sides of my house and the first thing I thought of was that gosh, the sound is probably carrying through the vineyard over to Peconic Landing. I don't know that for sure but I suspect it probably is or will be. Depends on the weather, depends on the wind, it depends on so many things and I point that out to you because you know the amplitude of sound is one of the features of measuring sound and there are so many variables. I know that is why many towns didn't enact sound ordinances until just really a few years ago because of all the variables in really pinning it down. But I hope that in this particular case that they take into account this one complaint that we are both voicing tonight, that the Portly Grape is really blasting, really blasting it out. The second thing I wanted to mention has to do with attitude of the establishment and just as the Blue Dolphin, who I happened to, I am quite familiar August 10, 2010 Page 45 Southold Town Board Meeting Minutes with the Blue Dolphin, I have a friend who used to live right next door to the Blue Dolphin and on one instance the Blue Dolphin people were approached by some of the local citizens that came with a complaint about the sound and the owner allegedly said that he didn't have to do anything or even accede to any reduction of sound because the town didn't have a noise ordinance. So in that case, you know, there is an example of flaunting. Well, the same thing as I understand the circumstances recently occurred with the Portly Grape. Someone being told, hey, we don't have to do anything, you know, we don't, the town doesn't have a noise ordinance. So there very definitely an attitude problem there and I don't know if that is true with the vineyards but I urge you to keep those factors in mind. SUPERVISOR RUSSELL: Yes, just in the interest of candor, this whole thing with this event in Cutchogue. There was no effort by me or this Board to stop the event, the NOFO event and probably we are a little bit guilty of buying into the hype that was being perpetrated by the promoter, that this was going to be this huge event. All we tried to do was reconcile their needs with the needs of the surrounding community because we were getting all the phone calls from the businesses and the homeowners and I think the problem of working informally is just unfortunately has come to a point were we just, there was a time where we could mitigate a lot of these by reaching out and having these informal discussions. It just, that doesn't seem to be the case anymore. That is a good example where we worked very affably and amicably and it just didn't come to pass. Again, I am going to give this particular owner the benefit of the doubt because I haven't talked to them yet. I am going to reach out to them and get them to understand that you need to change your economic model because things are changing. We are not against sound, we are not against noise and if you are making noise and you live in a commercial area and you are emanating out to the rest of the commercial area, that is probably something we are not real concemed with and we am not getting complaints on that. But it is these little commercial establishments that are surrounded by these residential communities, it is a growing problem in this town without a doubt. COUNCILMAN KRUPSKI: And it is a community issue and I know I have gotten a lot of comment about it and I am sorry, Scott, but it is not, despite what you might have read, it is not really about Scott and it is not about a specific event, it is about a quality of life thing. And if you live in Cutchogue, you live in East Marion, you live there because it is what it is and you don't want to see it change to the point where you know, it is something different than what you are really there for. So luckily a lot of people have reached out to us and want to work with us, people in the industry that there is a high level of cooperation there, they want to work with the town and try to make some rules that everybody in the community can live by and still let business prosper. MR. BROWN: We are in a unique, difficult situation because of the up and coming tasting room. I think you may have heard about that or probably read about it in the paper. The vineyard that is just behind my house, the Kontokoska vineyard, they are going to build a tasting room and from the looks of the parking layout of the place, I wouldn't be surprised if that is another kind of event related situation that involves music possibly. So we are really kind of boxed in with the potential of that plus the Portly Grape, so... August 10, 2010 Page 46 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Yes, I was thinking of that, I didn't mention it, I was thinking of that when you were speaking that there is, we need to get these issues clear now so that we can .... MR. BROWN: Right. So if I can hear the Portly Grape, I am going to be really blasted by the, alright, well whatever you can do before Labor Day. SUPERVISOR RUSSELL: Well, we should hopefully have, we have a rough draft. I mean, I think there are just a couple of small changes that need to be made but hopefully we will have something before the public and have this discussion. And a clear understanding, these people again, if this is how you plan on making your money in the way you set up your business, it is probably not going to be a good idea because you are not going to be able to sustain that much longer. COUNCILMAN KRUPSKI: And it is a public process, we need everybody's input and we can make a better decision with that. MR. BROWN: Inaudible. SUPERVISOR RUSSELL: Are they? MR. BROWN: They are going to be gone after Labor Day probably anyway. SUPERVISOR RUSSELL: I don't think so. MR. BROWN: Inaudible. UNIDENTIFIED: I just wanted to tell you people when the problem started here, it started here in 97 from the city hall here. I started to repair a garage that was existing over there .... COUNCILMAN ORLANDO: Do you have history on this, Scott, that you can .... SUPERVISOR RUSSELL: I discussed the issue with the gentleman and referred everything to the code enforcement officer who investigated his complaints. UNIDENTIFIED: I am going to show you what I bought it and what I got today. Inaudible. Now the house that I have was on the left over there from the sound to the bay (inaudible). So now this is the (inaudible). The property was 600 something feet and then he just (inaudible) and then a second (inaudible). They told me that I built a garage and I still I got another two feet over, smaller, to let the animals go behind and then they started to (inaudible) and they shot the animals, you have records in the police (inaudible) they shot it from the barn (inaudible) and I never even come to get the co because I said to myself, this is an existing building already. I didn't do anything (inaudible) I put two rocks in the front and put a gate and maintained the house exactly the way it was. The house and the garage and the barn .... COUNCILMAN ORLANDO: So is this the structure that is in question? That is over the line August 10, 2010 Page 47 Southold Town Board Meeting Minutes you are saying? UNIDENTIFIED: Inaudible. That is what he was telling me. And I got my two feet more (inaudible). If you see this building over here, this is a (inaudible) an open well in there drawing water (inaudible) and then they left it from the main house and from there was going to the back which used to be their (inaudible). Now they (inaudible) in 97, there was police over there in my property they say they did nothing. They go they destroy the garden I had over there, they said I don't care about a garden, they destroy the garden over here and the way (inaudible) it used to come here and I have another that I wanted to show you .... COUNCILMAN ORLANDO: So parcel one, two, three and five are not yours? UNIDENTIFIED: What is that? COUNCILMAN ORLANDO: Parcel one, two, three and five are not yours? UNIDENTIFIED: No, no. I have one parcel only. COUNCILMAN KRUPSKI: So who did all this shooting and destroying? UNIDENTIFIED: Inaudible. Last week I had people call me, every week I come they did something there. Last week they stole the sign from the front. COUNCILMAN ORLANDO: Who is they? UNIDENTIFIED: I suspect them in the back, from the golf course. They put the kids they got over there from the south, the Mexicans, they give them $20 they can do whatever they want. COUNCILMAN ORLANDO: Your property is adjacent to Islands End golf course you are saying? UNIDENTIFIED: What is that? SUPERVISOR RUSSELL: He is right in front of it. He is in front of the club house. COUNCILMAN ORLANDO: Oh, okay. UNIDENTIFIED: Inaudible. This is the driveway from the golf course, right, this is from the easement, where you give them the easement, this is the other driveway comes in. and they cut me off, they put a fence in, they put a gate in the front .... SUPERVISOR RUSSELL: If there is a civil, if there is a property issue then it is a civil dispute between you and the other landowners and this is something you need to discuss with your attorney. Do you have an attorney? August 10, 2010 Page 48 Southold Town Board Meeting Minutes UNIDENTIFIED: Inaudible. I wanted you people to (inaudible) SUPERVISOR RUSSELL: Okay. UNIDENTIFIED: If you want to do it. This is what I bought, for my house, this is what I look. You go see what I look now. COUNCILMAN ORLANDO: Okay. UNIDENTIFIED: On the entrance to the driveway which I have easement to go in like you say, you go see what they got over there. They can fill up three boats of garbage over there. COUNCILMAN ORLANDO: Can I see those pictures? UNIDENTIFIED: They make a dump over there and nobody seems like, you know. Inaudible. I mean, this situation... SUPERVISOR RUSSELL: Inaudible. Okay, this is .... UNIDENTIFIED: They are supposed to stay 50 feet from the party line and 100 feet fi.om the Main Road. Not only when they came here in 1997 (inaudible) on the top of my fence in the back, 300-400 feet. Now it is a dump over there, they have got a tractor, they have tracks, they have gasoline against my property, three tanks with probably over 2,000 gallons. I mean, this is crazy. If I tell you something, you won't believe it. my kids, my wife and my son, they are sitting there in the back at the table to have lunch and they Spanish guys, they are taking a leak in the fence and they are looking over. Inaudible. I mean, what am I supposed to do? what am I supposed to do, tell me? And they killed animals. Inaudible. And then he say to me, one time I come in the front over here two years ago and I was so mad because they killed the animal and then the called the Board of Health that I leave a dead animal. I left Sunday aftemoon, I come today, soon as I walk in I know three animals are missing. I know missing, because I know what I got and how I got (inaudible), I go inside (inaudible) so I go inside, they took off the door which I had open inside, tied up with a rope, they left them there so ifI didn't come today for the (inaudible) I would have to come (inaudible) and the last week, like I say, they took the sign out. Today, this afternoon, I put a sign on it and I bolt it and I even put a chain on the bolt. I mean, this is a disgrace. And I come over here (inaudible). A guy comes two weeks ago, he says to me, do you sell the house to Mexicans or Puerto Ricans, I say what do you mean I sell the house to Mexicans or Puerto Ricans. He said to me, they are barbecuing in the back of your house. I mean (inaudible) they start at 5:00 and they go like (inaudible) they close the entrance from the barn (inaudible) they create like a parking lot and then they put a fence, I told them to put the, the building I say I don't care, I say if you put the building behind the other building but you are going to put them exactly in the back, exactly. What they did, okay, they did what they want to do, they think I am stupid that I don't know but I (inaudible) or most of them after 96. Inaudible. They are bringing the new building like this. Inaudible. A fence like this go 400 feet and it is not even 30 feet from my parking lot. And they are parking on my, I want you to go over there and take a look how they was parking the trucks. Well, they was parking the trucks before there August 10, 2010 Page 49 Southold Town Board Meeting Minutes was parking (inaudible) they are backing up on the fence because I have a chain link fence and they have hooks for the trailer and they pull the fence and then they tell me the ghost brings down the fence. You can go see from the first day I put the fence I swear to god they broke off the pole. In the front they took offthe monument four times before. Even now it is missing and I put the gate, they break the monument. I mean, what am I going to go down there and shoot them? You know, I don't want to, and the police they come to me, they say or the building depaxtment I go to him, he say I call the cops, I say, who pays your salary. I say let me ask you, do you have any knowledge what do the laws they break over there? he say, as far as I know, no law is broken. So I sent him a letter and I say put it in the piece of paper and send him a letter. Now you see no broken law from this to the back. And then I know what to do after that. SUPERVISOR RUSSELL: I discussed this issue with the code enforcement officer who said he saw no violations. I will go out there with him tomorrow and we will take a look. but he assured me that there were no violations taking place at the Islands End country club. UNIDENTIFIED: If they do like this, let's say, open, first of all I want them to open my driveway (inaudible) SUPERVISOR RUSSELL: That is a civil dispute. That is a property rights dispute. The town has no place at all in .... UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: It is irrelevant to this board .... UNIDENTIFIED: I know. I know. you can't enforce them but they got, they started doing this (inaudible) because they thought that I was l~uilding garage. I never built nothing, I repaired what I had. So now, I wanted them to (inaudible) if they don't want to (inaudible) then I have got to go to court. And I don't want to go to court because I don't want to sue the city, Southold, I sue the owner. I don't even know who is the owner, the owner is dead. She rents to them. They are tenants. They do whatever they want over there, they make no rules. But I have (inaudible) .... SUPERVISOR RUSSELL: Private, you know the problems with property issues and rights of way, those are all private civil disputes that the town has no role in. we are just, the town doesn't have the authority to assign uses and ownerships, only judges do and deeds do. UNIDENTIFIED: But you are telling me the your guy over there, the building department supervisor (inaudible) he see no broken law, what (inaudible) SUPERVISOR RUSSELL: That was what they reported to me. UNIDENTIFIED: What qualifications does this man have? I want (inaudible) COUNCILMAN KRUPSKI: Did he go out and look in the field. August 10, 2010 Page 50 Southold Town Board Meeting Minutes UNIDENTIFIED: This is my book. COUNCILMAN KRUPSKI: No, did he look? UNIDENTIFIED: I don't know. I don't think so. SUPERVISOR RUSSELL: Damon Rallis did go out .... UNIDENTIFIED: He sent the kid. The kid is a kid. Inaudible. COUNCILMAN RULAND: I have been here a long time but I don't live in Greenport. UNIDENTIFIED: Where do you live? COUNCILMAN RULAND: In Mattituck. UNIDENTIFIED: Inaudible. COUNCILMAN RULAND: Okay. UNIDENTIFIED: He is telling me, this is your right of way (inaudible) and this guy now... SUPERVISOR RUSSELL: But the town can't address private civil disputes which .... UNIDENTIFIED: I am going to go break the fence down, cut it with a chainsaw. SUPERVISOR RUSSELL: The issue that is... UNIDENTIFIED: I have a gate that they close me out. SUPERVISOR RUSSELL: The issue that is pertinent for this board is issues of code infractions and I will certainly clarify and get to the bottom of that tomorrow with the code enforcement officer, tomorrow. We will do that. The other issue is a private, civil disputes that we .... UNIDENTIFIED: I would like them, like I said, to open the gate from there from the back and if they want to put a gate in so I don't have to look and to move the things over there and be open the way the picture is showing. If they are not, then (inaudible). I want it to be open like this. Now where was I, because I can't sell it. COUNCILMAN TALBOT: Why? Because they put up a fence? Aside from the other stuff, because they put up a big fence along that side there, right? UNIDENTIFIED: Inaudible. When they want to put a building, they want to put it against my fence (inaudible) now everybody know it has to be so many feet away .... August 10, 2010 Page 51 Southold Town Board Meeting Minutes COUNCILMAN TALBOT: Well, you don't know if you put up a fence you don't need a building permit in Southold Town and you can put it right on the property line. So maybe that is what he is talking about. UNIDENTIFIED: Inaudible. COUNCILMAN TALBOT: No, but he will go out there tomorrow (inaudible). UNIDENTIFIED: Inaudible. He is supposed to (inaudible) COUNCILMAN TALBOT: Yeah, they are off the driving range. UNIDENTIFIED: Inaudible. I mean, I have the pictures over here... COUNCILMAN TALBOT: Yes, we will get the answers for you. UNIDENTIFIED: Over here, one time I was hit with the little kids, I have four five kids of my son and almost got killed. Animals three, four got killed. I know because animals (inaudible) and the guys backing up (inaudible) and then they called the Board of Health and say dead animals. They call the SPCA (inaudible) and they tell me you got a dead, I mean (inaudible). They have millions of animals over there, never even fell down or killed, they are going to be killed on flat land over here? They hit them with the car and then they call the Board of Health. And then I come here one morning to tell Mr. Forrester that he called the Board of Health, (inaudible) you know, I try to do nothing to bother anybody (inaudible) I wanted this guy, the supervisor, what's his name? that Polish guy. COUNCILMAN TALBOT: Who, Mike Verity? UNIDENTIFIED: Yeah, Michael Verity. He is supposed to resign, he don't belong in the building department, a guy that doesn't know the rules. What he doesn't know let him buy a book like I got and read them (inaudible). Don't get the money and play the big shot. he tells me to call the police to come out. And they come the police the next day when I told them, the building (inaudible). SUPERVISOR RUSSELL: In the interest of time, can we just sum this up by saying I will be out there tomorrow with Damon Rallis myself, okay? UNIDENTIFIED: I would like to get a recent letter from him or from you or somebody to tell me what is wrong (inaudible) so this is what I know what to do. SUPERVISOR RUSSELL: Okay. UNIDENTIFIED: Thank you everybody. August 10, 2010 Page 52 Southold Town Board Meeting Minutes COUNCILMAN TALBOT: Okay. You are welcome. MR. SCHWARTZ: It is getting late, I will be very brief. First I would like to play a little bit from the Portly Grape... COUNCILMAN ORLANDO: We get the point, Benja. MR. SCHWARTZ: In the video, it is not just the sound, it shows that it is in a tent with open sides so, you know, they do have a building there, the least they could do is move the music or the sound inside and maybe we will make some provisions in the new noise ordinance regarding keeping the sounds inside. UNIDENTIFIED: Inaudible. MR. SCHWARTZ: Two other very brief items here. One, I was just looking of the website and I did find some information from the Conservation Advisory Council, their minutes for the current year are posted in the laserfiche access to all of them. One problem is that people who are present, who are members of the council are different than the members of the council according to the directory page of the website but it is a minor thing but anyway. Last thing I would just like to bring up tonight is to thank the Suffolk Times for their article on the dragonfly day. And remind everybody that this Saturday is dragonfly day and there will be a celebration at the park on the way into Greenport, on Route 25. And you know, not everybody, myself I don't always read everything in the Suffolk Times but in case you didn't read it, it is extremely interesting. They found in that park a rare dragonfly, the first time that four spotted pennant dragonfly was ever found in New York State and I don't think they mention it in the article but dragonflies can fly 35 miles an hour, they don't bite people, they are very beneficial to gardens, they love to eat mosquitoes. So not only don't they bite people but they might help us from Nile virus. So be thankful for the dragonflies and let's celebrate on Saturday. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any issue? And I certainly mean any issue. UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: I have given you plenty of opportunity to address us. Would anybody else like to address the Town Board? COUNCILMAN ORLANDO: Before we run, Scott, I just want to say something. I just want to congratulate the North Fork Ospreys, this past Sunday they won the Atlantic collegiate baseball championship here at Cochran park and I also would like to thank all the host families out there who helped house the players for the year and also the Ospreys would like to display their championship trophy in Town Hall for this year, to show their appreciation for letting them play out here and giving them a chance to play some baseball. Congratulations again to the Ospreys. Good job. August 10, 2010 Page 53 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: I have a motion to close. Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:56 P.M. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell