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Home My WebLink AboutTB-08/24/2010ELIZABETH 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 (63t) 765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork, net MINUTES 2. 3. 4. 5. 6. 7. 8. 9. 2. 3. 4. August 24, 2010 4:30 PM A Regular Meeting of the Southold Town Boar~ Meeting Hall, 53095 Main Road, Southold, NY. Supervisor PM with the Pledge of Allegiance to the Flag. Call to Order 4:30 PM Meeting called to order on August 2~f ~10 Southold, NY. I. Reports Island Group Program for the Disabled Zoning Board of Appeals Board of Trustees Judge Rudolph H. Bruer Jud Town Clerk II. Public Application to 24, 2010 at' ing Hall, 5~095 Route 25, IlL Com~un 1. Isidore H. D~0~ oski, Dept of Health Services 2. Senior Servic~!l)irector Karen McLaughlin Receives Grant for HRC Repairs IV. Discussion 1. 9:00 AM - Peter Meeker 2. Noise Ordinance 3. No Parking - Mill Lane, Peconic 4. Appointment of Damon Rallis as HPC Coordinator 5. Appointment of Claude Kumjiam as PT PSD 6. Special Events Working Group August 24, 2010 Page 2 Southold Town Board Meeting Minutes 7. 11:00 AM - Marc Bossert 8. Executive Session - Litigation Update 9. Executive Session - Contracts 10. 12:00 Executive Session - John Cushman 11. Appeal to Coastal Erosion Hazard Board of Review Executive Session Motion To: Motion to enter into Executive Session RESOLVED that the Town Board of the Town of Southold hereby enter into Executive Session at 10:35 A.M. for the purpose of discussing the following items: (1) Strategy regarding proposed, pending, or current litigation on the following cases: Nickart Realty; Quad; Cross Sound Ferry. (2) Contract: CSEA Contract collective negotiations pursuant to Article 14 of the Civil Service Law (The Taylor Law). (3) The proposed acquisition, sale or lease of real property which the disclosure would substantially affect the value thereof. (4) The medical, financial, credit or employment history ora particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension or removal of a particular person or corporation. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Motion To: Motion to recess from Executive Session RESOLVED that the Town Board of the Town of Southold h~eby recess from Executive Session at 11:52 AM in order to discuss IV. 7 Appointment with Marx Bossert of the Suffolk County Depamnent of Labor pilot initiative. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Motion To: Motion to remm to Executive Session RESOLVED that the Town Board of the Town of Southold hereby returns to Executive Session at 11:25 AM RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Motion To: Motion to recess from Executive Session RESOLVED that the Town Board of the Town of Southold hereby recess from Executive Session at 11:26 AM for the purpose of discussing the 2010 Deer Management Program with Jeffrey Standish. August 24, 2010 Page 3 Southold Town Board Meeting Minutes RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Motion To: Motion to retum to Executive Session RESOLVED that the Town Board of the Town of Southold hereby retums to Executive Session at 11:45 AM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Motion To: Motion to Adjourn from Executive Session RESOLVED that the Town Board of the Town of Southold hereby adjourns this Executive Session at 1:35 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Pledge of Allegiance to the Fla~, Opening Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please join me in the Pledge of Allegiance to the Flag. Thank you. This is the point in the meeting where I would ask anybody that wants to come up and address any of the items that are on the agenda, any of the motions that are going to be acted on, to please feel free to come up and address the Board. Benja Schwartz, Cutchogue BENJA SCHWARTZ: Good evening. Benja Schwax~, Cutchogue. Do we have a resolution in here somewhere to appoint Damon Rallis as Historic Preservation coordinator? SUPERVISOR RUSSELL: Yes. MR. SCHWARTZ: Resolution, 2010-650, no 651. I don't see any fiscal impact on that. SUPERVISOR RUSSELL: The fiscal impact would be the $4,000 that was budgeted for the position at the start of the fiscal year. He would be prorated. It had been, the job had been filled by another town employee who had to give that up, he will be prorated to assume that stipend throughout the balance of this fiscal year. MR. SCHWARTZ: I see there was $4,000 budgeted for personal services, so since none of that was in use to date and this year .... August 24, 2010 Page 4 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: No, it should have because the young lady that was serving in that position through that, that $4,000 gets divided equally among 26 paychecks over the course of the year. He will be assuming that stipend, the balance of that stipend through the end of the year. MR. SCHWARTZ: Because I see that last year it was $5,000. SUPERVISOR RUSSELL: That is right. We reduced it 20% like most items in town government. MR. SCHWARTZ: Thank you very much. Supervisor Scott A. Russell SUPERVISOR RUSSELL: Would anyone else like to address the Town Board on any of the agenda items? (No response). V. Resolutions 2010-643 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated August 24~ 2010. ,r Vote ReeOrd. Resolut~n RES-2010-643 ~ Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter ~] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] 2010-644 CA TEGOR Y: DEPARTMENT: Set Meeting Town Clerk Set Next Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, September 7, 2010 at the Southold Town Hall, Southold, New York at 7:30 P. M.. August 24, 2010 Page 5 Southold Town Board Meeting Minutes Vote Record - Re~olutinn RES-2010-644 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Chlistopher Talbot Seconder [] [] [] [] [] Supecvisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-645 Tabled 7/27/2010 4:30 PM CATEGORY: Employment - Town DEPARTMENT: Accounting Accept the Intent to Retire of Joseph C Blados RESOLVED that the Town Board of the Town of Southold hereby accepts the intent to retire of Joseph C Blados from the position of a Maintenance Mechanic III for the Highway Department, effective August 13, 2010. ~ V0t~ Ree°rd ~ Res01ution RES-2010~645 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled 9ih~i ~i~nd; §~der O [] rn [] [] Withdrawn : [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-646 CATEGORY: DEPARTMENT: Budget Modification Justice Court Justice Dept. Budget Modification Fiscal Impact: To cover the over-expended appropriation lines RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 Whole Town budget as follows: From: A. 1110.4.600.300 Miscellaneous Travel-FI Justice Utilities $500.00 A.1110.4.200.100 August 24, 2010 Page 6 Southold Town Board Meeting Minutes To.' A.1110.4.100.150 Telephone-DMV & Crimenet $500.00 Justices, C.E. Preprinted forms $1000.00 ~ Vate R~ord - Reaolution RE8-2010-646 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Initiator · [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Superviso~'s Appt UI Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [3 Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] 13 Supt Hgwys Appt 2010-647 CATEGOR~ DEPARTMENT: Budget Modification Highway Department Highway Dept Budget Modification Fiscal Impact: The reason for these budget modifications is due to the fact that the above line item(s) had to be increased as there were insufficient funds in the respective line items. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 Highway Fund Part-Town budget as follows: To: DB.5110.4.100.960 General Repairs DB.5130.2.300.100 DB.5130.2.300.200 Contractual Expense Supplies & Materials Drain Pipe/Rings/Covers Machinery Equipment & Capital Outlay Motor Vehicles Light Duty Vehicles Brush & Weeds/Miscellaneous Equipment & Capital Outlay Motor Vehicles Heavy Duty Vehicles From: DB.5110.4.100.975 General Repairs Contractual Expense Supplies & Materials Steel Snow Removal $1,614 $ 7,700 $1,500 TOTAL: $10,814 $1,614 DB.5142.2.400.200 August 24, 2010 Page 7 Southold Town Board Meeting Minutes Equipment Industrial Equipment Snow Equipment TOTAL: $9,200 $10,814 Vote Record - Resolution RE$-2010-647 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Absta n Absent [] Defeated William Ruland Seconder gt [] [] [] [] Tabled Vincent Orlando Voter gl [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Kmpski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter gl [] [] [] [] Supt Hgwys Appt 2010-648 CATEGOR~ DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to North Side-Out Beach Volleyball League Inc. to Park Overflow Vehicles Along Breakwater Road RESOLVED that the Town Board of the Town of Southold hereby grants permission to North Side-Out Beach Volleyball League Inc. to park overflow vehicles along Breakwater Road, in the vicinity of Breakwater park on Saturdaw August 21~ 2010 (r.d. 8/22) for the end of season volleyball tournament and Saturday, September 18~ 2010 (r.d. 9/19) for the Beach Volleyball awards party, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and provided the cars are displaying a Mattituck Park District stickers or windshield flyers identifying participants or spectators and they contact Captain Martin Flatley of the Southold Police Department immediately for proper placement of the permits. Support is for this year only as the Southold Town Board continues to evaluate town road usage. [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated william Ruiand Voter [] [] : [] [] [] Tabled Vinceat Orlando Voter [] [] [] [] [] Withdrawn C~istopher TalbOt Seconder ~ [] : [] FI [] Supervisor's Appt [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter ~ [] [] [] [] Supt Hgwys Appt 2010-649 CA TE GORY: Special Events DEPARTMENT: Town Clerk August 24, 2010 Page 8 Southold Town Board Meeting Minutes Grant Permission to Boy Scouts Troop 6 to Hold Its Annual Boys Scout Car Show on Saturday, September 4, 2010 Fiscal Impact: Total Police cost for the event = $121.76 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Boy Scouts Troop 6 to hold its Annual Boys Scout Car Show on Saturday~ September 4~ 2010 (rain date September 5) from 9:00 AM to 5:00 PM at the Peconic Lane School, Peconic Lane, Peconic, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as additional insured and contact Captain Flatley upon receipt of the approval of the resolution to coordinate traffic control. Any fees associated with this approval shall be waived. Vote l~ecord ~ Resolution RES-2010-649 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Absta n Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Super~isor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter I~l [] [] [] [] Supt Hswys Appt 2010-650 CATEGOR~ DEPARTMENT: Public Service Town Clerk Appoint Mark A. Caterini as a Temporary Marriage Officer RESOLVED that the Town Board of the Town of Southold hereby appoints Mark A. Caterini as a Temporary. Marriage Officer for the Town of Southold, on September 11~ 2010 only, to serve at no compensation. [] Adopted [] Adopted as Amended Yes/A e No/INa Absta n Absent Y ~ Y [] Defeated William Ruland Initiator [] [] [] [] [] Tabled , Vincent Orlando Seconder [] [] [] [] [] Withdrawn [] Supervisor's Appt Christopher Talbot Voter I~1 [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P, Evans Voter [] [] [] [] [] Town Clerk's Appt ScoWl Russell Voter gl [] [] [] [] Supt Hgwys Appt 2010-651 CA TE GO R Y: DEPARTMENT: Employment - Town Town Clerk August 24, 2010 Page 9 Southold Town Board Meeting Minutes Appoint Damon Rallis as the Historic Preservation Coordinator for the Historic Preservation Commission RESOLVED that the Town Board of the Town of Southold hereby appoints Damon RalHs as the Itistoric Preservation Coordinator for the Historic Preservation Commission, effective August 17, 2010, with a stipend of $4,000.00 per annum, said amount shall be a legal charge to the Historic Preservation Commission's budget, A.7520.1.200.100. All work for this position is expected to be completed outside of the regular thirty five (35) hour workweek. ~ ~Vote R~d:~ Re~oint!on RE$,2010-6~t ~ Adopted [] Adopted as Amended Yes/Aye No/Nay Absta n Absent [] Defeated William Ruland voter [] * [] [] [] [] Tabled vi~i ~i~clo lni~i~t0r ~ [3 [3 [] [] Withdrawn [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt A!b~ ~pski Jr. seconder : ~ [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] Voter [] Town Clerk's Appt Scoa Russell ~ [3 r'l F1 [] Supt Hgwys Appt 2010-652 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Data Processing In Vision Wireless Sprint Cell Phone Review RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Russell to retain InVision Wireless, LLC to review the Town's wireless bills, at a cost not to exceed 33% of the annual savings and credits identified, all in accordance with Town Attorney approval. ,~' Vote Record - Resolution RE8-2010-652 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland SecOnder [] [] [] [] [] Tabled Vinccmt Orlando Initiator ~ [] [] [] [] Withdrawn Chhstopher Talbot V~ier ~ [] [] [] [] Supervisor's Appt [] Tax Receivers Appt Albert Kmpski Jr. initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-653 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Clerk Subscription Service Agreements for Laserfiche RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Clerk and Public Records Access Officer Elizabeth A. Neville to execute August 24, 2010 Page 10 Southold Town Board Meeting Minutes Subscription Service Agreements between the Town of Southold and members of the public to provide access to certain public records that are available only through the use of the public computer terminals located within the offices of the town for the term of the calendar year, all in accordance with the approval of the Town Attorney. [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Rubmd voter I~ [] [] [] [] Tabled Vincent Orlando Voter I;t [] [] [] [] Withdrawn [] Supervisor's Appt Christopher Talbot Seconder [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter gt [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-654 CATEGORY: DEPARTMENT: Budget Modification Town Clerk Youth Program Budget Mod Fiscal Impact: Due to successful fundraising efforts on behalf of the Youth Bureau to support youth program activities. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Whole Town Budget as follows: From: Revenues: A.2705.40 To.' Appropriations A.7310.4.600.100 Gifts & Donations Other donations $ 1595.00 Youth Program, C.E. Youth Program Activities $1595.00 [] Supervisor's Appt Chfisiopher T~ib~i Initiator [] [] 0 [3 [] Supt Hgwys Appt 2010-655 August 24, 2010 Page 11 Southold Town Board Meeting Minutes CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Fishers Island Ferry District Amend Contract Awarded to Bill Bloethe by the Fishers Island Ferry District to Carry the US Mail to Fishers Island RESOLVED that the Town Board of the Town of Southold approves amending the contract awarded to Bill Bloethe by the Fishers Island Ferry District to carry, the US Mail to Fishers Island, from 1/1/2010 to 12/31/2011, be amended from $650.00 per month to $750.00 per month due to an additional delivery at noon, Monday through Friday, as approved by the FIFD at its meeting held August 11, 2010, all in accordance with the approval of the Town Attorney. Vote Re~r~ - ReSOlutl6fi RES-20~0~655 [] Adopted [] Adopted as Amended ~s/Ay~ No/Nay Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled ~in~ent ~i~cl~ Seconder [] Withdrawn [] Supervisor's Appt Chris~opher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albe~ Kmpski Jr. Voter [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-656 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Fishers Island Ferry District Approve Amending the Contract Between the US Post Office and the Fishers Island Ferry District to Carry the US Mail to and from Fishers Island Fiscal Impact: A result of additional mail being carried on the noon boats RESOLVED that the Town Board of the Town of Southold approves amending the contract between the US Post Office and the Fishers Island Ferry District to carry the US Mail to and from Fishers Island, which expires June 30, 2012 to be amended beginning August 1, 2010, raising the contract price from $23,350 per year to $26,950 per year, as approved by the FIFD at its meeting held August 11, 2010, and all in accordance with the approval of the Town Attorney. Vote Record- Resolution RES-2010-656 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter I~l [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter 1~ [] [] [] [] Supt Hgwys Appt August 24, 2010 Page 12 Southold Town Board Meeting Minutes 2010-657 CATEGORY: DEPARTMENT: Employment - Town Accounting Hire School Crossing Guard - Police RESOLVED that the Town Board of the Town of Southold hereby appoints Denis M. Salzmann to the position of a Part Time School Crossing Guard to fill in those posts due to illness or vacation effective September 7, 2010. Salary to be determined by the traffic post covered. Vote Record - Resolution RES-2010,.657 [] Adopted [] Adopted as Amended Yes/Aye No/Na Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-658 CATEGOR~ DEPARTMEN~ Employment - Town Town Clerk Parks, Beaches & Recreation Committee Secretary Resignation and Appointment RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Michelle Tomaszewski from the position of Secretary for the Parks~ Beaches and Recreation Committee, and be it FURTHER RESOLVED that the Town Board of the Town of Southold hereby appoints Nancy Foote as Secretary for the Parks~ Beaches and Recreation Committee, effective immediately, not to exceed five (5) hours per week in addition to her regular 35 hour work week, regardless of the number of committees she serves. [] Adopted [] Adopted as Amended Yes/Aye No/Nay : Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] 13 [] [] Withdrawn Christopher Talbot Seconder : [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-659 August 24, 2010 Page 13 Southold Town Board Meeting Minutes CATEGORY: DEPARTMENT: Employment - Town Accounting Advertise for PTMini Bus Driver RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for the position of part time Mini Bus Driver for the Human Resource Center at a rate of $15.66 per hour. [] Adopted [] Adopted as Amended Yes/A~e No/Na~ Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn [] Supervisor's Appt , Christopher Talbot Initiator [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Vg[cr [] ~ [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-660 CATEGORY: DEPARTMENT: Employment - Town Accounting Advertise for PT Food Service Worker RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for the position of part time Food Service Worker for the Human Resource Center at a rate of $13.04 per hour. vote Record - Resolution RES-2010-660 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled , Vincent Orlando Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisors Appt [] Tax Receiver's Appt Alber~ Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] Scott Russell Voter [] Town Clerk's Appt [] [] [] [] [] Supt Hgwys Appt 2010-661 CATEGORY: DEPARTMENT: Employment - Town Recreation Rescind Resolution Hiring Beach Attendant Fiscal Impact: Ms. Walsh has decided not to work for the town this year. August 24, 2010 Page 14 Southold Town Board Meeting Minutes Resolved that the Town Board of the Town of Southold hereby rescinds Resolution #2010-628 adopted at the August 10~ 2010 regular Town Board meeting in it entirety~ which read as follows: 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 Kiersti Walsh YEAR # HOURLY SALARY 1 st year $9.42 Vote R~eord - Resolution RES-2010-661 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [3 [] [] Withdmv~ [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-662 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attomey Authorizes and Directs Supervisor Scott A. Russell to Execute Any and All Documents Between Alpine Adjustment & Investigations Inc. and the Town of Southold RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an,y and all documents between Alpine Adiustment & Investigations Inc. and the Town of Southold in connection with the claim regarding the Police Department basement flood, subject to the approval of the Town Attorney. ~' V~te Ree°rd; R~lation RlgS-20i~66~ .... [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Second~ [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Taibot Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albect Krupski Jr. Ini!i~0r [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt sCOtt Rus~eli Voter [] [] [] [] [] Supt Hl~wys Appt 2010-663 CATEGORY: Employment - Town DEPARTMENT: Town Attorney August 24, 2010 Page 15 Southold Town Board Meeting Minutes Appoints Claude Kumijan to Serve in the Position of Public Safety Dispatcher for the Police Department on a Temporary Basis RESOLVED that the Town Board of the Town of Southold hereby appoints Claude Kumqan to serve in the position of Public SafeW Dispatcher for the Police Department on a temporary, basis at an hourly rate of $15.22 with his total compensation during the term of this appointment, inclusive of overtime, not to exceed $11,260. ~ Adopted [] Adopted as Amended Yes/AYe No/Nay ~bs~!n ~b~n~ [] Defeated William Ruland Voter ~l [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] i [] Withdrawn Chrisiopber Taibo~ ~ec0nder v~ [] [] [] [] Supervisor's Appt 6!b~ ~p~! Jr, Vgter ~ [2 ~ [] Tax Receiver's Appt [] Rescinded Louisa P. Evans In![!ator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-664 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attomey Authorizes and Directs Supervisor Scott A. Russell to Execute Supplemental Agreement #2 Between the New York State Department of Transportation and the Town of Southold RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute Supplemental Agreement #2 between the New York State Department of Transportation and the Town of Southold in connection with the improvements to North Fork Trail along CR 48 project (P1N 0758.90), subject to the approval of the Town Attorney. ~' Vote Record - Resolution RE~-20t0-664 [] 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 Albe~t Krupsk! Jr. Voter 1~ [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgw,/s Appt 2010-665 CATEGOR~ DEPARTMEN~ Road Dedications Town Attorney MCM Homes, Inc. Road Dedication August 24, 2010 Page 16 Southold Town Board Meeting Minutes WHEREAS, MCM Homes, Inc. has made application to the Town Board of the Town of Southold to dedicate a certain road in Southold, New York, to be known as "RED FAWN ROAD", as shown on the map entitled "Map of Forestbrook at Bayview", filed in the Office of the Clerk of the County of Suffolk on June 15, 2004 as Map No. 11119, together with the release executed by the owner thereof; and WHEREAS, the Southold Town Superintendent of Highways has inspected the said highways and has advised the Town Board that said proposed highways comply in all respects with the specifications for the dedication of highways in the Town of Southold; now, therefore, be it RESOLVED that in accordance with Section 171 of the Highway Law of the State of New York, consent be, and the same hereby is, given to the Superintendent of Highways to make an order laying out the aforesaid highways, to consist of lands described in said application as shown on certain maps attached to said application; and be it FURTHER RESOLVED that the Town Clerk bev and she hereby is, authorized and directed to forthwith cause the dedication~ release~ and deed to be recorded in the Office of the Clerk of the Coun ,ty of Suffollh New York. Vote Record - Resolution RES-20t0-665 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Voter ~l [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albe~t Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P, Evans Voter [] [] [] [] [] Town Cl~'k's Appt Scott Russell Seconder [] [] [] [] [] Supt H~wvys Appt 2010-666 CATEGORY: DEPARTMENT: Coastal Erosion Town Clerk NOAA Coastal Risks Training RESOLVED that the Town Board of the Town of Southold hereby approves the" Roadmap for Adapting to Coastal Risks Training" sponsored by the NOAA Coastal Services Center as acceptable training to meet the requirements of Chapter 662 of the Laws of 2006 of New York State requiring a minimum training standard of four (4) hours each year for members of the Town Planning Board and Zoning Board. This training will be held at the Southold Town Recreation Center, Peconic Lane, Peconic, New York on Wednesday, August 25, 2010 from 12:00 PM to 4:00 PM. August 24, 2010 Page 17 Southold Town Board Meeting Minutes · / Vote Record- l~h.tlnn RES-2010-666 [] 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 Louisa P. Evans Voter [] [] [] [] [] Rescinded ~1 [] [] ~1 [] Town Clerk's Appt Scott Russell Voter [] Supt H~wys Appt 2010-667 CATEGORY: DEPARTMENT: Committee Resignation Town Clerk Accept the Resignation of Donald Wilson from the Housing Advisory Commission RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Donald Wilson from the Housing Advisory Commission~ effective immediately. ~ v~te RecOrd ~ Resolutl0b RES-20i0;667 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated W ii~m R~iand SeConder ~l [] [] [] [] Tabled V ~ent Ox' ~d~ Voter ~ [3 ~ ~ [] Supervisor's Appt Aib~ ~pSki j( uI [] [] Tax Receiveffs Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] F1 [] [] [] Supt H~wys Appt 2010-668 CATEGORY: DEPARTMENT: Employment - Town Accounting Authorizes PT HHA Diane Gatz to Work Full Time WHEREAS full-time employee # 7120 in the Town's Programs for the Aging has taken ill and is expected to be out of work for approximately 8 to 10 weeks and WHEREAS the Town Board has determined that the Town's Programs for the Aging requires full-time coverage, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes part-time Home Health Aide Diane Gatz to work full-time to cover this absence starting on August 25, 2010; rate of pay at Ms. Gatz's existing rate of $13.04 per hour. August 24, 2010 Page 18 Southold Town Board Meeting Minutes Vote Record - Re~olution RES-2010-665 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Initiator [] [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-669 CA TEGOR Y: DEPARTMENT: Employment - FI~D Accounting Fishers Island Ferry District One Time, 2% COLA Wage Payment to Part-Time Employees WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their August 11,2010 monthly meeting that a "one time, 2% COLA wage payment" be made to part time employees and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVED; that a "one time, 2% COLA wage payment" be made to each of the following part time employees on the next scheduled payroll: EMPLOYEE NAME BRIDGMAN/EDWARD J 229.78 BRIDGMAN/ROBERT D 79.66 BROWN/RODNEY E 135.52 BURDICK/BENJAMIN F 60.14 CASAVANT/DONALD H 199.26 CRAFT/ROBERT S 137.96 DONAHUE/RYAN C 58.30 DOUCETTE/DEBORAH A 116.14 EAGAN/DANIEL M 70.42 FOLEY/PAUL J 511.28 GILMORE/PETER E 115.80 GLIDEWELL/LOGAN C 242.80 GROTE/DAVID F 113.30 GURAL/JOHN S 272.24 DAVIS/JOSHUA T 186.52 LAVIN JR/ROBERT F 76.64 LONDREGAN III/TIMOTHY A 69.34 MARKS/DEREK M 182.16 MARKS/JASON P 127.17 AMOUNT August 24, 2010 Page 19 Southold Town Board Meeting Minutes MCELLIGOTT/JOHN MCVEIGH/JOHN T MIRABELLI/ANTHONY P OTTO/MATTHEW A RICKER/ADOLPH C RICKER/KENNETH H SEARLE/JACK A SILVA/DEBRA J SMITH II/FRANK R TOMBARI/LESLIE B 43.84 91.08 71.28 28.98 135.06 501.16 143.76 210.80 25.30 65.30 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vinc~i ori~d~ Sec0hder [] 13 [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisors Appt Albert Kmpski Jr: Vp~er ~ ~ [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scoti Russell Voter El [] [] [] [] Supt Hgwys Appt 2010-670 CA TEGOR Y: DEPARTMENT: Close/Use Town Roads Town Clerk Amend Resolution No. 2010-548 by Changing the Date from August 24 to August 27 RESOLVED that the Town Board of the Town of Southold amends Resolution No. 2010-548 as follows: RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Group for the East End to use the beach at Goldsmith's Inlet to conduct a children's ecology ~-..^~.. ^ ...... ,~A Friday~ August 27~ 2010 from 9:00 am to 3:00 pm and waive program on ...... :,, -"6 ....., the parking regulations for four (4) vehicles on that date, provided they file with the Town Clerk a Certificate of Liability Insurance for one million dollars naming the Town of Southold as additional insured, and contact Captain Flatley of the Southold Town Police Department upon receipt of the approval of this resolution to discuss the parking. The date was changed due to weather conditions. Vote Record - Resolution RES-20i0-670 ....... [] Adopted [] Adopted as Amended Yes/Ay~ h-~ay ,Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albert ~psk! Jr: V~ier [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt August 24, 2010 Page 20 Southold Town Board Meeting Minutes 2010-671 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Funding Application, Contract, and Any and All Other Documents in Connection with a Grant Awarded to the Town of Southold by the New York State Office for the Aging in the Sum of $26,000 to be Used for Senior Center Improvements RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Funding Application~ Contrach and any and aH other documents in connection with a grant awarded to the Town of Southold by the New York State Office for the Aging in the sum of $26,000 to be used for Senior Center improvements, subject to the approval of the Town Attorney. [] Adopted [] Adopted as Amended Yes/Aye No~qay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn ~St0Pher Ta!b0t Voter [] [] [] .[] [] Supervisor's Appt Albert Krupski Jr. Seconder [] [] [3 D [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hl~wys Appt 2010-688 CA TEGOR Y: DEPARTMENT: Attend Seminar Highway Department Attend Seminar - Peter Harris RESOLVED that the Town Board of the Town of Southold h~reby grants permission to the Highway Superintendent Peter W. Harris to attend the Suffolk County Highway Superintendents' Association Conference to be held at the Pridwin Hotel, Shelter Island, New York, on September 12, 13 & 14, 2010. The cost of the seminar is $100.00 and travel to be by Ferry at $20.00; registration and travel expenses to be a legal charge to the 2010 Highway Department budget. .,r Vote Record -Resolution RES-2010.688 [] Adopted [] Adopted as Amended [] Defeated YesTAye No(NaY Ab~ta!~ Ab~t [] Tabled William Ruland Voter [] : [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [3 Tax Receiver's Appt Albert Krupsk! Jr. Initiator [] [] [] [] [] Rescinded Louisa P, Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] El Supt Hgwys Appt Next: Sep 7, 2010 7:30 PM August 24, 2010 Page 21 Southold Town Board Meeting Minutes 2010-689 CATEGORF: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to Wounded Warrior Project to Hold Its First Annual North Fork Soldier Ride on Saturday, September 18, 2010 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Wounded Warrior Proiect to hold its First Annual North Fork Soldier Ride on Saturday, September 18, 2010. The ride to commence at Mitchell Park, Greenport at 9 AM and proceed west on Route 25 to Mattituck Fire Department, north on Love Lane to Route 48 and east to Orient Point and then back to Greenport, provided they provide written approval from the Village of Greenport and file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All town fees for this event shall be waived. ~¥oie R~d ~ Resolutl0n RES-2010-689 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Sec0~der ~ [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt S¢o~ Russell Voter [] [] [] [] [] Supt Hgwys Appt Next: Sep 7~ 2010 7:30 PM 2010-674 CA TEGOR Y: DEPARTMENT: Affordable Housing Supervisor Set the Amount of Payment for Moderate Income Family Dwelling Units Not Built Within the Town's Inclusionary Zoning Requirements. RESOLVED that, pursuant to Chapter 240-10-B.(2)(c)[2] [a] of the Town Code, the Town Board of the Town of Southold hereby sets $207,200 as the amount of payment required per housing unit for Moderate Income Family Dwelling Units not built within the Town of Southold's inclusionary zonin~ requirements. August 24, 2010 Page 22 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2010-674 [] Adopted [] Adopted as Amended Ye~/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [~ [] [] [] [] Tabled Vincent Orlando Voter 1~ [] [] [] [] Withdrawn Christopher Talbot Initiator 1~ [] [] [] [] Supcrvisor's Appt Albert Krapski Jr. Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Seconder [] [] [] [] [] Supt Hgw,/s Appt 2010-675 CATEGOR~ DEPARTMENT: Legal Town Attorney Retains Frank A. Isler, Esq. as Special Counsel in the Supreme Court, Suffolk County Civil Actions Entitled "Nickart Realty Corp. K Southold Town Planning Board, Et Al.," Under Index No. 10-29029 and "Nickart Realty Corp. V. Elizabeth Neville, as Southold Town Clerk, Et Al." Under Index No. 10- 29030 RESOLVED that the Town Board of the Town of Southold hereby retains Frank A. Isler, Esq. as Special Counsel in the Supreme Court, Suffolk Count~ civil actions entitled "Nickart Real .ty Corp. v. Southold Town Planning Board, et al.," under Index No. 10-29029 and "Nickart Real .ty Corp. v. Elizabeth Neville~ as Southold Town Clerk~ et al." under Index No. 10-29030. vote Record, Resolution RES.20i0-675 [] Adopted [] Adopted as Amended Yes/Aye No/Nay ~b~t~!n Abs~t [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter ~ [] [] [] [] Supt Hgwys Appt 2010-676 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes Supervisor Scott A. Russell to Retain LVL, Inc. in Connection with the Installation of Lighting Fixtures at Southold Town Hall, Police Department Headquarters, Highway Department, and Human Resource Center in Accordance with Their Proposal Dated August 24, 2010 RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to retain LVL, Inc. (Low Voltage Lighting} in connection with the installation of lighting fixtures at Southold Town Hall~ Police Department Headquarters, Highway Department, and Human Resource Center in accordance with their Proposal dated August 24, 2010, subject to the approval o£the Town Attorney and Town Comptroller. August 24, 2010 Page 23 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2010-676 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando thitiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Seconder [] [3 [] [] [] Tax Receiveds Appt [] Rescinded Louisa P. Evans Voter· [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-677 CATEGORY: DEPARTMENT: Public Service Town Attorney Authorizes the Commencement of the 2010 Hunting Season on October 4, 2010 through December 31, 2010 RESOLVED that in accordance with the 2010 Southold Town Deer Management Program, the Town Board of the Town of Southold hereby authorizes the commencement of the 2010 Hunting Season on October 4, 2010 through December 31, 2010. Information re~ardin~ deer hunting locations, hunters per location~ permit requirements and applications for Archery Access Permits will be available beginning on September 8, 2010 at the Town Clerk's Office. All Southoid Town residents with a valid N.Y.S.D.E.C. Hunting License and an Archery Certificate are eligible to participate in the drawing for the 65 available Archery Access Permits to be held at 10:00 a.m. on Friday, September 17, 2010. Vote ~rd ~ ReS°lutinn RES-2010-677 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albeat Krupski Jr. Initiator [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] Supt Hgwys Appt Comments regarding resolution 677 COUNCILMAN KRUPSKI: Thanks to the hard work, by the way, of Jeff Standish. COUNCILMAN ORLANDO: Absolutely. 2010-678 CA TEGOR Y: DEPARTMENT: Committee Appointment Town Attorney Establishes the Special Events Task Force to Make Recommendations to the Town Board Regarding Legislation Involving Special Events and Food Service at Wineries August 24, 2010 Page 24 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby establishes the Special Events Task Force to make recommendations to the Town Board regarding legislation involving special events and food service at wineries. The Task Force will consist of the following members to be designated by the Town Board to serve through December 31~ 2010: Two Members of the Town Board One Member from the Town Attorney's Office Two Representatives from the Long Island Wine Council Two Representatives from the Local Business Community One Representative from the Agricultural Community Two Members at Large Vote Regord - Resolution RE$-2010-678 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Rultmd Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albert Krapski Jr. Seconder [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scoi~ Russell Voter [] U [] [] [] Supt Hgwys Appt Comments regarding resolution 678 SUPERVISOR RUSSELL: Let me just quickly explain, that is the direction the Board is going in with regard to try to balance the needs of changes in the winery industry and the existing economic landscape of the town and the character of the community, frankly. A lot of the agricultural property, the winery properties located buttressing existing residential communities and all of those things have to be factored in when we set about changing or proposing changes to legislation. The idea of this committee is to balance out the view with winery representatives, agricultural-general agricultural representatives, community members, if anybody is interested in participating, all they need to do is contact me. We are in the process of setting that committee up, we should hopefully by the next Board meeting have that committee resolved along with a mission statement and a task of responsibilities that they would be expected to complete over the next few weeks, several weeks. COUNCILMAN ORLANDO: Scott, before you get involved in the public heating, I think there are some people here that maybe wanted to talk about the noise ordinance but I wanted to let them know that we are having a code committee meeting on the 31 st about that? SUPERVISOR RUSSELL: Sure, just as another issue, the noise and I always hate to mention those two issues in the same breath because they are not necessarily related but we have drafted the noise code. We have a code committee meeting set up for 2:00 for Thursday? Tuesday. Tuesday the 31 st to discuss that and to finish up so we have something that we can notice to the August 24, 2010 Page 25 Southold Town Board Meeting Minutes 2010-679 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact LL #9 2010 - Retirement Part 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 to Adopt the 2010 Retirement Incentive Program~ Part A"~ and WHEREAS 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 therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law to Adopt the 2010 Retirement Incentive Program~ Part A' reads as follows: LOCAL LAW NO. 9 of 2010 A Local Law entitled, "A Local Law to Adopt the 2010 Retirement Incentive Program~ Part BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. This local law is being enacted in accordance with §10 of the Municipal Home Rule Law and pursuant to Chapter 105 of the Laws of 2010 for the purpose of making the 2010 Retirement Incentive Part A available to employees of the Town of Southold. II. Part A - Chapter 105~ Laws of 2010. 1. The Town of Southold hereby elects to provide all of its eligible employees with a Retirement Incentive Program authorized by Chapter 105, Laws of 2010. 2. The commencement date of the Retirement Incentive Program shall be September 1,2010. 3. The open period during which eligible employees may retire and receive the additional retirement benefits shall be 45 days in length. 4. The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this Local Law shall be paid as one lump sum, or in five annual installments. The amount of the annual payment shall be determined by the Actuary of the New York State and Local Employees' Retirement System, and it shall be paid by the Town of Southold for each employee who receives the retirement benefits payable under this Local Law. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law August 24, 2010 Page 26 Southold Town Board Meeting Minutes as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Ta!bot Seconder [] [] [] [] [] Supervisor's Appt ~!b~ ~psk! Jr. ~0~ ~ D [] [2] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] : [] [] [] Supt Hgwys Appt 2010-680 CATEGOR~ DEPARTMENT: Enact Local Law Town Clerk Enact LL# 10 2010 - Retirement Part B 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 to Adopt the 2010 Retirement Incentive Program, Part B"~ and WHEREAS the Town Board of the Town of Southold held a public heating on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law to Adopt the 2010 Retirement Incentive Pro~ram~ Part B" reads as follows: LOCAL LAW NO. 10 of 2010 A Local Law entitled, "A Local Law to Adopt the 2010 Retirement Incentive Pro~ram, Part BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. This local law is being enacted in accordance with § 10 of the Municipal Home Rule Law and pursuant to Chapter 105 of the Laws of 2010 for the purpose of making the 2010 Retirement Incentive Part B available to employees of the Town of Southold. August 24, 2010 Page 27 Southold Town Board Meeting Minutes II. Part B - Chapter 105~ Laws of 2010. 1. The Town of Southold hereby elects to provide all of its eligible employees with a Retirement Incentive Program authorized by Chapter 105, Laws of 2010. 2. The commencement date of the Retirement Incentive Program shall be October 1, 2010. 3. The open period during which eligible employees may retire and receive the additional retirement benefits shall be 90 days in length and shall end on December 29, 2010. 4. The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this Local Law shall be paid as one lump sum, or in five annual installments. The amount of the annual payment shall be determined by the Actuary of the New York State and Local Employees' Retirement System, and it shall be paid by the Town of Southold for each employee who receives the retirement benefits payable under this Local Law. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record- Resolution RES-20t0-680,, , [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator [~ [] [] [] [] Supervisor's Appt Albert Krupski Jr. Voter [] [] [] [] [] Tax Receiver's Appt ' [] Rescinded Louisa P. Evans Seconder [] [3 [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-687 CATEGORY: DEPARTMENT: Property Acquisition Purchase Land Preservation Girards - SEQRA & Elect to Purchase Der Rights TO BE TABLED WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by 6900 Wickham Avenue, LLC (Girards) on the 24th day of August, 2010, at which time all interested August 24, 2010 Page 28 Southold Town Board Meeting Minutes parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-107.-10-10.1. The address is 6900 Wickham Avenue. The property is located in the A-C zoning district and is on the southerly side of Wickham Avenue, approximately 963.50 feet from the southwesterly intersection of County Road 48 and Wickham Avenue in Mattituck, New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 8.26± acres (subject to survey) of the 10.1± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the easement will be acquired using Community Preservation Funds. The purchase price is $63,000 (sixty-three thousand dollars) per buildable acre for the 8.26± acre easement plus acquisition costs; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; and, WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and August 24, 2010 Page 29 Southold Town Board Meeting Minutes Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by 6900 Wickham Avenue, LLC (Girards), identified as part of SCTM #1000-107.-10-10.1. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. [] Adopted [] Adopted as Amended [3 Defeated Yes/~ye No/Nay Abstain Absent ~ Tabled William Ruland Voter 1~ [] [] [] [] Withdrawn Vincent Orlando Voter Voter [] Supervisor's Appt Christopher Talbot F1 [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter 1~ [] [] [] [] Town Clerk's Appt Scott Russell Initiator ~ [] [] [] [] Supt Hgwys Appt Next: Sep 7, 2010 7:30 PM Comments regarding resolution 681 SUPERVISOR RUSSELL: We actually are tabling the vote for the purchase of this piece. We just have some in-house fact finding to do and a discussion with the Land Preservation department and the Planning Department before we close the deal, so to speak, on this particular piece of property. 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 4:53 PM in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] · MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell PH 8/24/10 4:35 - RIP Part A RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Kmpski Jr., Evans, Russell Councilman Christopher Talbot 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 to Adopt the 2010 Retirement Incentive Program~ Part A". RESOLVED that the Town Board of the Town of Southold will hold a public heating on the August 24, 2010 Page 30 Southold Town Board Meeting Minutes o aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 24th day of August, 2010 at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law to Adopt the 2010 Retirement Incentive Program, Part A' reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law to Adopt the 2010 Retirement Incentive Program, Part A'__~'. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. This local law is being enacted in accordance with §10 of the Municipal Home Rule Law and pursuant to Chapter 105 of the Laws of 2010 for the purpose of making the 2010 Retirement Incentive Part A available to employees of the Town of Southold. II. Part A - Chapter 105, Laws of 2010. 1. The Town of Southold hereby elects to provide all of its eligible employees with a Retirement Incentive Program authorized by Chapter 105, Laws of 2010. 2. The commencement date of the Retirement Incentive Program shall be September 1, 2010. 3. The open period during which eligible employees may retire and receive the additional retirement benefits shall be 45 days in length. 4. The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this Local Law shall be paid as one lump sum, or in five annual installments. The amount of the annual payment shall be determined by the Actuary of the New York State and Local Employees' Retirement System, and it shall be paid by the Town of Southold for each employee who receives the retirement benefits payable under this Local Law. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. In the first part we have the copy of the posting in the Suffolk Times dated August 12, 2010 and the notice that it was posted on the Town Clerk's bulletin board. And the copy of the law that I just read. SUPERVISOR RUSSELL: Does anyone want to come up and addres~ the Board on incentive retirement? Town participation in the early incentive? It unfortunately doesn't extend to Supervisor's, so I don't qualify. (No response) Heating none, let's close this hearing. Ph LI 8/10/10 7:35 P.M., Retire Part B 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 to Adopt the 2010 Retirement Incentive Program, Part B". August 24, 2010 Page 31 Southold Town Board Meeting Minutes 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 24th day of August, 2010 at 4:40 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law to Adopt the 2010 Retirement Incentive Program~ Part B" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law to Adopt the 2010 Retirement Incentive Program~ Part B,,. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. This local law is being enacted in accordance with §10 of the Municipal Home Rule Law and pursuant to Chapter 105 of the Laws of 2010 for the purpose of making the 2010 Retirement Incentive Part B available to employees of the Town of Southold. II. Part B - Chapter 105~ Laws of 2010. 1. The Town of Southold hereby elects to provide all of its eligible employees with a Retirement Incentive Program authorized by Chapter 105, Laws of 2010. 2. The commencement date of the Retirement Incentive Program shall be October 1, 2010. 3. The open period during which eligible employees may retire and receive the additional retirement benefits shall be 90 days in length and shall end on December 29, 2010. 4. The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this Local Law shall be paid as one lump sum, or in five annual installments. The amount of the annual payment shall be determined by the Actuary of the New York State and Local Employees' Retirement System, and it shall be paid by the Town of Southold for each employee who receives the retirement benefits payable under this Local Law. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. We have the same things, we have a copy of the posting in the Suffolk Times on August 12, 2010; that it was posted on the Town Clerk's bulletin board on the same date and just a copy of the local law as read. And that is it. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular? Let me, I am sorry Tom, I was going to go ahead and just clarify for everyone's edification, when the state rolled out a retirement incentive, there are several different aspects of the retirement incentive to consider. One of the things that people would, should know is that the incentive is for people to retire that might, it might qualify them for more of a retirement pension August 24, 2010 Page 32 Southold Town Board Meeting Minutes than they would otherwise qualify for. It might allow for people to retire earlier than what the age criteria are. All that comes at a cost, it comes at a cost to the State of New York when it manages its pension fund. The town is required to pay some of those costs, defer some of those costs, pay those costs to the State of New York through its retirement pension plan. So when someone retires through this incentive it is not that we automatically save money. We have to calculate how much money we are going to save if these employees take the plan. Ultimately the town needs to determine that we need to save at least 50% of the actual costs of the employment of that person for the following year in order to make it worth our while. The town is participating in this program with a keen understanding of what our costs are going into it and with an understanding that we have to be serious about not replacing personnel as they retire, there are a few positions, critical positions such as public safety dispatchers, police officers and others that you have to maintain a minimum count. However, in other cases, this is a tight economic climate and if we have to reduce the work force and maybe reduce the amount of services we render to the public, that is the trade off in order to save money in this tight fiscal climate. So we are participating in this with an understanding that we are only going to allow those that require, that would make sure that this town nets at least a 50 % savings in the subsequent year of that salary. I am sorry, I probably just confused everybody. Tom? TOM SKABRY: Tom Skabry, CSEA president. I hope the Town Board does adopt both resolutions regarding these two incentive packages. I am quite confident with the number of people who will retire or take up this offer, that we will be able to maintain if not the same or very close to the same level of services that we currently provide to the taxpayers. COUNCILMAN KRUPSKI: Thank you. COUNCILMAN ORLANDO: Thank you, Tom. SUPERVISOR RUSSELL: Would anybody else like to comment? Heating none. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Girards Dev Rights Set Public Hearing RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Councilman Christopher Talbot COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ 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- August 24, 2010 Page 33 Southold Town Board Meeting Minutes 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. We have notice that it was posted on the Town Clerk's bulletin board, notice that it was printed in the Suffolk Times on the 19th of August, 2010. We have the short environmental assessment form, unlisted actions and a letter from the LWRP coordinator. 'Purchase of development rights easement on property owned by 6900 Wickham Avenue LLC, the proposed acquisition is for development rights easement on part of the property consisting of approximately 8.26 acres of the 10.1 acre piece. The action has been reviewed to chapter 268, waterfront consistency review of the Town of Southold town code and the local waterfront revitalization program policy standards. Based upon the information provided on the LWRP consistency assessment form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is consistent with the policy standards and therefore is consistent with the LWRP.' Also there is a letter that was submitted from the Long Island Pine Barrens society, 'Dear Supervisor Russell, We have been complaining since 2007 that the Suffolk County purchase of development rights program does not restrict development on the land. The provocation was the removal of top soil and the construction of wall to wall concrete and glass greenhouses described as industrial agriculture. We are concerned that the Town of Southold's pumhase of development rights program is inching into similar territory. Case in point is the topic of public hearing, the Girard property on Wickham Avenue granting a purchase of development rights easement on 8.26 acres through the town's CPF program when some of the acreage is covered with greenhouses is not what the legislation nor the public contemplated when advancing such a program. While few farmers are engaged in this industrial activity, the industry has resisted setting clearance limits on farms for which the development rights have been purchased. The Long Island Farm Bureau has argued that this is a right to farm state, we have countered that it is not a fight to develop on land from which the public has purchased development rights state. While the program is intended to encourage agriculture even as it protects scenic vistas and controls development, it was never an agricultural subsidy act and the public is unlikely to continue to support these programs if they result in farmers being paid not to develop their land and then developing it. Moreover, it is a violation of the state finance law to make a gift of the public wealth without public benefits. Thus government cannot August 24, 2010 Page 34 Southold Town Board Meeting Minutes pay farmers money for nothing they couldn't otherwise do. we believe that the county has already given the store away by purchasing farmland development rights from private individuals without restricting the use of the land. Please don't let Southold follow the same path. Newsday keeps writing that the PDR program is supposed to support agriculture not just the views but it is inescapable that controlling development is what the public was promised and it is not being restricted adequately. According to Southold's community preservation fund project plan, the town has over 12,000 prime acres that are eligible for acquisition. Please use your good office to exercise prudence when prioritizing parcels for purchase of development rights easements. Southold's land preservation department expressed uncertainty with the respect to lot coverage of greenhouses on the 8.26 acre Girard parcel and until that information is available to both the Town Board and the public, this purchase should be de-prioritized from the CPF plan for the above reason.' And that is signed by Richard Amper from the Long Island Pine Barrens Society. And that is it. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this particular notice of acquisition? COUNCILMAN RULAND: Yes, but I would like to go to the map, Mr. Supervisor, if you don't mind. I think that the location, if people could see the writing on it, but the location of that parcel, that parcel is not large but it is just about surrounded on three sides by land that has already been protected and on one side by property that hopefully in the future will enter into discussion. But currently it would be imprudent for I believe the Town Board to let this go to development when it is between two highways. Yes it does contain a greenhouse operation but surprisingly and not Mr. Ampers point, they produce food and they do that year round. They are tomato growers and I suspect that as this country goes on, more and more food will be grown that way and less and less on acreage. And for that reason, I think that it is (inaudible) that we support it. SUPERVISOR RUSSELL: Thank you. Also just for clarification, town code requires no more than 20% lot coverage. The lot coverage on this parcel, the 8.26 acres is still below the 20 % threshold. It would be about 16,000 square feet of coverage that is allowed on that parcel. The greenhouses might look enormous but on the totality, they still don't cover 20 % of that parcel. And Mr. Ruland referenced the food, you know, we hear a lot of words like sustainability being thrown around these days, sustainability in agriculture etc., well, those words need to mean something. And he is a food producer, he probably, I would venture he produces more tomatoes from that small farm than probably all the other tomatoes grown on the north fork these days. So you know, when we talk about words like sustainability, we need to mean it. I am sorry. Would anyone else like to comment on this particular purchase? BOB FEGER: Bob Feger, Greenport. Also North Fork Environmental Council. I would ask that if you approve this purchase, will you also be allowed to put more greenhouses on the property or is it limited what it has now? SUPERVISOR RUSSELL: Under the current code, he is allowed 20 % lot coverage and he can't exceed that. August 24, 2010 Page 35 Southold Town Board Meeting Minutes MR. FEGER: And he can't exceed that? SUPERVISOR RUSSELL: He can't exceed that, under current code. Would anybody else like to comment? COUNCILMAN KRUPSKI: As the Town Board liaison to the Land Preservation Committee, I also encourage passage of this because I think it's, as Mr. Ruland said, and he is more familiar with the neighborhood there than I am, it is a key parcel in a pretty large block of land where the development rights have been protected, there are other parcels there were there is activity and it is encouraging to see a large block of land protected that makes it easier to farm. Today, what people don't realize is today there are greenhouses there but in 50 years you don't know what is going to he there and if the land is protected it will stay in agriculture and if it is not, it will eventually be in houses. And that is the main point them, especially where you have, and normally the town wouldn't be interested in a small parcel like this but because of its location it is a very important one and what Mr. Ruland said about food production is very important. You know, people are going to get tired eventually of buying foods from China and Brazil and whatnot and we are going to have to really look within our own resources in this country to keep producing our own food~ It is very important. SUPERVISOR RUSSELL: Anybody else? BENJA SCHWARTZ: Benja Schwartz, Cutchogue. Curious why you were looking at a little dark picture. The Trustees meetings, they have a projector that they can make the exhibits visible for us. Does the Town Board have any intentions of implementing the technology we already paid for? You know? SUPERVISOR RUSSELL: Personally I don't. MR. SCHWARTZ: The Supervisor says no. He doesn't and he .... SUPERVISOR RUSSELL: One of six, you can ask the other five. MR. SCHWARTZ: Alright, well, he has given me .... COUNCILMAN ORLANDO: It is something we can ask Melissa. Maybe she can do that in the future. MR. SCHWARTZ: Talk to Melissa, fine. I support the efforts and the preservation of this and all other properties in Southold Town for agriculture and rural uses. Unfortunately, I have to object to the procedure by which this property is being purchased. It is a standard operating procedure of Southold Town to discuss all such purchases in executive session and the agenda of today's meeting indicates that this matter is going to be set for public heating, not that there will be a public hearing. So the information on this would have been available to someone who has the time and the energy and the desire to go and live in the Town Hall annex and file freedom of August 24, 2010 Page 36 Southold Town Board Meeting Minutes information requests or to go and dig the information out but I don't even know if they could get it if it was done in executive session. If that information is for some reason being held confidential. Anyway, I support the purchase of this and I would like to talk more about the open government policies and procedures in Southold Town at the end of this meeting. SUPERVISOR RUSSELL: Thank you. MR. SCHWARTZ: Thank you. SUPERVISOR RUSSELL: Would anyone else like to comment on this acquisition? (No response) Closing Comments Supervisor Russell SUPERVISOR RUSSELL: And that should conclude just about everything on the agenda. Would anybody now like to come up and address the Town Board on any issue? Ruthanne Branston, East Marion Assoc RUTH ANNE BRAMSON: Good evening, Mr. Supervisor and Town Board members. I am Ruth Anne Bramson and I am here today representing the East Marion community association and we want to congratulate the Town Board on taking action to move forward with the noise ordinance. The East Marion community association was formed in 2006 and one of the issues that mobilized the creation of the organization were issues of noise in our hamlet. We have 525 members and this is an issue of concern to everyone in East Marion. We have correspondence that goes back to 2001 before the creation of EMCA about this issue. In 2005 and 2006, the East Marion stakeholders flagged this as an issue of concern. In November of 2008, when EMCA hosted a community planning session around quality of life issues, noise along with traffic were at the top of the priority for people in our community. In February 2009, we held the first of several private meetings, one on one meetings with you, Mr. Supervisor on this issue. In April of 2009, EMCA hosted a very well attended meeting at Peconic Landing on dark skies and noise and several of the Board mcnnbers attended that meeting and in August of 2009 we were active participants in the meeting hosted by the town on noise at the rec center which was attended by over 100 people and I don't recall that there were any voices in opposition to a noise ordinance expressed in that setting. In September of 2009, we met with you Scott Russell, with Tom Wickham, with Martin Finnegan, to participate in the drafting of a noise ordinance. So you can see we have a lot of skin in the in the game. And so we want to applaud your action today to send this draft ordinance to the code committee to address some of the fine points to make it a better ordinance but let's move on it. It is time. SUPERVISOR RUSSELL: Yes, I will say that you have been more than patient. Certainly this has taken longer than any of us would have liked. I also need to point out that there has been a change at the board level as well in that there were some concerns previously raised about live music, amplified sound emanating from ag operations such as wineries. Some board members felt strongly that if you are going to pass a noise code, pass it for everybody. Some board members felt that, no, you couldn't include amplified sounds and bands coming from, well, that August 24, 2010 Page 37 Southold Town Board Meeting Minutes is all, I think the board, we found were we have common ground and we are moving forward. We have a code committee meeting set up Tuesday because we didn't want to delay this any more than we had to, to try to get this done as quickly as we can. MS. BRAMSON: Thank you. SUPERVISOR RUSSELL: Thank you. Carolyn Greer, Greenport CAROL1NE GRIER: Hello, my name is Caroline Grief and my husband and I are new homeowners in Southold, in Greenport, 16 Sound Road and I have recently sent a letter to the attention of Mr. Russell, which I hope that you have shared on the subject of the sound ordinance. I attended the meeting this morning to hear how it is going forward and one, I just wanted to commend you for going forward. I was a little taken aback to hear that it has been 10 years in the movement. Since I am new here, I am not sure if that sort of slow motion is usual or typical. I hope not... COUNCILMAN KRUPSKI: Depends who you ask. MS. GRIER: What I would like to say is we chose to invest and buy and become homeowners and chose this as the place we will retire to for a number of reasons and I think it speaks specifically to the sound ordinance because one of the reasons we chose it is because of the tourism amenities, because of the wine vineyards, because of the town concerts, because of a lot of things like that that make the quality of life very enjoyable for people who live in it. we were very distressed to be in a particular place, right behind a place that has recently been leased called the Portly Grape, where we found it wasn't an amenity to a pleasure of life and one's lifestyle but actually have a tremendous amount of noise pollution involved in it. Should I take and get a loud speaker system and put it in my backyard and face it towards their guests so that they couldn't sleep at night, I am sure that they would be here. So I just wanted to point out that a, I am really very interested in having a sound ordinance being effected which does allow for all of the business men to do the business they need and want to do and for homeowners to enjoy their homes and something that works for everybody. Thank you. SUPERVISOR RUSSELL: Thank you. Bob Feager, Greenport, NFEC BOB FEGER: Bob Feger, representing North Fork Environmental Council. I was going to come here and offer or kind of complain about the lack of noise ordinance, I was kind of feeling like it was second only to the master plan for the foot dragging award in Southold. But I really would like to congratulate you as an entire Board for taking steps in both of those very important matters and it is nice to see that something is happening in both areas. Thank you for your time. SUPERVISOR RUSSELL: Thanks, Bob. COUNCILMAN ORLANDO: Thank you for the compliment. August 24, 2010 Page 38 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Let me just say that there is no doubt that this probably took a little bit longer than any of us would like but you know, the issues that come up, that you have to deal with, the helicopters and all these things that take place, what we tried to do is move a lot of legislation at once a few years ago and we found out it wasn't getting done and then we parceled it out, the dark skies initiative. I happened to rate that a little bit higher at the time, only through the energy committee, I wanted to get that addressed. Some of the other initiatives that had come up, a crisis in the economy let us look at some other things that we needed to do also. Right now we are running a town with no money, so some other things became a top priority for all sorts of reasons but we are anxious to get this done and button it up and just call it a day on it. So, would anybody else like to address the Town Board on this particular issue or any other issue of mutual interest? Benja Schwartz BENJA SCHWARTZ: Good evening. Benja Schwartz. I would just like to ask the Town Board if any of them have any comments on the recent vote of the Southold Town Trustees? I know they are separately elected board and you are not in charge of them or anything but they, it was a very interesting vote about the pipeline, I think it was misrepresented in the Suffolk Times. Does anybody have anything that they could share with us about that? COUNCILMAN KRUPSKI: I didn't see the actual application. Being a Trustee for 20 years, I really don't want to comment on the specifics of it without having reviewed it but you know, I am sure they did the right thing. They are an elected board and I am sure everyone in Orient is happy that they did. MR. SCHWARTZ: Well, I was happy that the application wasn't approved but for different reasons than the Trustees gave. And the Trustees did not disapprove the application either. They said they were going to deny it without prejudice, which means they left the door open for Suffolk County Water Authority to come back and reapply for the same permit. So they really didn't make a final decision. Anyway, I just thought the comment that, the byline in the paper talked about Suffolk County Water Authority's plan to bring public water to Orient. Sounds like a great thing but really what they are talking about is to pipe fresh water into Orient and we don't know enough about their plan. We don't know where they are going to get that water or where it is going to go. So I agree with the Trustees that the decision is not, that they couldn't make a decision on bringing public water, I mean, the water is all public. The water that Suffolk County Water Authority pipes around is public water which they have appropriated for themselves through their wells and then they are redistributing it at a profit. But I think we should be clear, when we talk about public water it confuses the issue. All the water is public whether you get it in your well or whatever. It is all in the aquifer, that is all our public water. When they pipe it around, it becomes private water more than public water. Anyway, it was interesting, the comment in the paper about somebody mentioned that they expected resistance from the Suffolk County Department of Health. I would just like to know what the position of the Suffolk County Department of Health is on this issue, I really haven't heard anything from them and I think they are representing us also. Keep moving on, today's agenda. The problem with today's agenda, the use of abbreviations, the first item for discussion this morning, ldl energy audit. I tried to look up ldl energy, I was unable to find anything until I got here tonight and in the revised agenda, there is a motion to, a resolution to approve the, some kind of a contract with ldl August 24, 2010 Page 39 Southold Town Board Meeting Minutes incorporated. When I put up ldl incorporated into Google, I found that there is a company in Southold between Bayview and North Bayview, somebody named Peter. That is all I could find out. And I am not saying that I disagree with the contract or anything but I disagree with the process that does not give the public information to know what is going on in our government. COUNCILMAN KRUPSKI: Maybe the Supervisor can explain that because it has been an issue that (inaudible) after he spearheaded the energy, the beginning of the energy committee and maybe he can talk about what we are doing here. SUPERVISOR RUSSELL: The energy audit was done by ldl and the gentleman from Southold that you mentioned, I believe he is a representative of the company. The company specializes in energy audits for municipal buildings, public buildings. They will come in and evaluate your current lighting etc and develop and design a more efficient lighting system that will provide better ambient light at a reduced cost. They will take their costs, which is about a third of our savings from our savings. In other words, we get amortized the savings and pay them back over time. They will do the updates, they will do all the installations, make this building and other buildings in town property dark skies compliant and then take their payment from the savings that we see in our LIPA bills over the next four, five years I believe. MR. SCHWARTZ: Well, what stage are we at? SUPERVISOR RUSSELL: They had done an exhaustive audit and we are at the stage where we accepted the audit and the Town Board authorized me this evening to sign the contract with them provided it is okay with the Town Attorney and the Town Comptroller. MR. SCHWARTZ: Did we pay for the audit? SUPERVISOR RUSSELL: No, we did not. MR. SCHWARTZ: Or pay for the contract? SUPERVISOR RUSSELL: We didn't pay for anything yet. We will pay if we have them come in and do the work. MR. SCHWARTZ: Well, didn't we vote to do that tonight? SUPERVISOR RUSSELL: Yes, we did. COUNCILMAN ORLANDO: Once the Town Attorney .... SUPERVISOR RUSSELL: Subject to the Town Attorney and the Town Comptroller. MR. SCHWARTZ: But we don't know how much it is going to be? SUPERVISOR RUSSELL: Yes, we think we have a fixed price, $73,000. August 24, 2010 Page 40 Southold Town Board Meeting Minutes COUNCILMAN KRUPSKI: $79,000. We have to decide whether it is more fiscally responsible to try to find the money to pay upfront or to put it out over a period of years and let the company recoup its money over a period of years on the savings that the Town is getting on the reduced energy costs. MR. SCHWARTZ: I don't understand why that wasn't figured out upfront. COUNCILMAN KRUPSKI: We didn't know what the cost was. SUPERVISOR RUSSELL: Well, no, because the company is basically going to say look, we can amortize your payments to us over four or five years which is attractive. That way, our savings would be used towards that bill. That is an attractive option but the reality is we have such good standings with the markets right now, we have an excellent credit rating, that we might do better by simply financing it in house through the sale of bonds. But those are our business decisions to make, not that company's. MR. SCHWARTZ: I understand that but I would have thought you would have made those decisions before voting to enter into a contract. COUNCILMAN KRUPSKI: We want to... MR. SCHWARTZ: The ldl apparently is the agent of some other company that seems to be the company that is going to be doing the work. What is the name of that company? SUPERVISOR RUSSELL: I have the documents in the office. COUNCILMAN KRUPSKI: The first question was we agreed to do the work because it is the right thing to do for the town, to update the lighting and to save money at the same time. So the contract is to agree to do the work, how we are going to pay for that is something that we need the advice from the comptroller to figure out the best, you know, that is two separate issues. MR. SCHWARTZ: Alright. Well, thank you for the .... SUPERVISOR RUSSELL: This isn't new. We have had several companies come in and do energy audits in the last few years, some of the best known names in the business and what they found out was the savings from a small town, we never heard back from them. We finally found a company that makes the smaller companies and municipalities a specialty. We have had, I want to say Siemans, we have had Johnson Control which is one of the biggest outfits out there. They have all come in to do the audit and they just calculated it just wasn't, it was too small a project for them to involve themselves in. COUNCILMAN ORLANDO: Benja, this is just .... MR. SCHWARTZ: Well, I am glad you found someone who is going to help. August 24, 2010 Page 41 Southold Town Board Meeting Minutes COUNCILMAN ORLANDO: This is like replacing your boiler or your washer and dryer at your house. You have to spend a little money to save the money in the long mn and that is what we are trying to do here with these large buildings we have in town, we have to spend a little money but in the long term, in the long mn it will save money. MR. SCHWARTZ: I have no problem with what you are doing. COUNCILMAN ORLANDO: That is the intent. MR. SCHWARTZ: What I have a problem with is the way that it is being done without the public being kept informed. And I would like to keep moving on here, down to item 8, one of three executive sessions on today's agenda. Supervisor Russell asked me at the last meeting to explain what I meant when I said that the executive sessions, that the Town of Southold has been running a government behind a wall of smoke and there is no way for us to know what is going on and that this was not in accordance with the open meetings law of New York State. So before I get into those details though, I would like to say that I am a, I belong to Southold Town. Southold Town is as much my town as it is the Supervisor's town. I may not be the pitcher on this team but you know, maybe I am the catcher or a base runner or the first baseman or whatever. It takes a whole team, so I am not going against, I am really not going against anybody but especially not against Southold Town and I object very strongly to the characterization that Southold Town wins when I lose or if I win, Southold Town is losing. Now, I think that the Town Board needs to appreciate that although you are elected to be the Southold Town Board, that is only one part of Southold Town. You may be the pitcher, you may be the quarterback, ! don't know but you can't have a team without the other players. And if the problem is something that this administration, that this Town Board is doing, then the Town Board should take responsibility for that and not hide behind the crown. COUNCILMAN TALBOT: Benja, just, you know, to me the toughest thing would be that the work session is at 9:00 am and it goes throughout the day, so the average person is working and they are not able to attend those work sessions. Mr. Meeker there from LDL, did give a breakdown of, the whole discussion took place in the public session at the work session this morning 9:00 and then prior to going into executive session it was detailed on what the particular items were to be discussed in executive session and couldn't be anymore explicit than that. MR. SCHWARTZ: Well, I would like to hear about that but when I did a FOIL request for the minutes of the work sessions, I was told that there were no minutes. And that there were. Then when I insisted that there were, that minutes were required by law, I was told and I have a letter to that effect, that there is a written record but that it is not formal minutes. Well, a written record of what occurs in a public meeting, to me, that is minutes. If you want to call it formal or informal but if it is required by law I think it is something that should be considered formal. COUNCILMAN KRUPSKI: So, in essence .... MR. SCHWARTZ: So, can you tell me what, when the motion this morning to go into executive August 24, 2010 Page 42 Southold Town Board Meeting Minutes session for litigation, what was the, can you tell me what the motion was? What was the information that was provided in that motion? COUNCILMAN TALBOT: Mr. Ruland read it or proposed it. SUPERVISOR RUSSELL: The litigation motion was based on the cases that our attorney outlined to us prior to the second of the motion. Nickart realty, the three I think... TOWN ATTORNEY FINNEGAN: It was, the motion clearly stated it was discussion of litigation strategy, it is not written that way on the agenda Benja but it was, the motion was made to have a discussion with the Town Board on a course of action in a pending litigation matter. MR. SCHWARTZ: Where the pending litigation matters specifically identified? TOWN ATTORNEY FINNEGAN: Yes. MR. SCHWARTZ: Okay. Well, with all due respect I would like to see that happen on the agenda. TOWN CLERK NEVILLE: Benja, for you information I would like to state that when they go into executive session, minutes are required only if that executive session results in a motion being placed on the agenda and it did not today. MR. SCHWARTZ: Okay .... TOWN CLERK NEVILLE: And if there were minutes it would only be ..... MR. SCHWARTZ: I am not talking about minutes, you missed my point. I am not talking about minutes of executive sessions, I am talking about the minutes of the work session. TOWN CLERK NEVILLE: Work session. MR. SCHWARTZ: Okay? TOWN CLERK NEVILLE: They are not required. MR. SCHWARTZ: They are required. TOWN CLERK NEVILLE: They are not required under law. No. MR. SCHWARTZ: The minutes of work sessions are required the same way that the minutes of executive sessions are required, when an action is taken. And in this case, every time you enter into executive session, bing bam boom today, three times, there was three actions taken. The minutes are required. August 24, 2010 Page 43 Southold Town Board Meeting Minutes COUNCILMAN KRUPSKI: The reason we went into executive session three times today was to accommodate people on the agenda that were scheduled at different times and we tried to move the agenda along and then we went into executive session, then we came out when people came for their appointments and we went back in. We didn't just do it willy-nilly. It was all scheduled. It was a scheduled agenda. MR. SCHWARTZ: Southold Town is required to take minutes for that. SUPERVISOR RUSSELL: You heard the public, it took us 10 years to pass a, to get on a noise code. It is not like we go bing, bam and action is taken. These are just updates on specific legislation. There is no voting that takes place, there is nothing of that whereas board members that ought to be updated ..... MR. SCHWARTZ: You really don't understand what I am saying, do you? SUPERVISOR RUSSELL: Sometimes I do but most times I have to say no, I am sorry. MR. SCHWARTZ: Well, maybe I can explain it better. SUPERVISOR RUSSELL: I am going to go back to the crown argument, I don't know what that means. MR. SCHWARTZ: That was due to some remarks that you made last week which I think we .... SUPERVISOR RUSSELL: I don't agree with you doesn't mean that I am wearing a crown, it just means that we have a disagreement. MR. SCHWARTZ: That is not what you said. You said that in the letter from the committee on open government which you mistakenly identified as coming from Robert Freeman that Southold Town prevailed and that I lost. SUPERVISOR RUSSELL: No, no. You said that they took your side and I said actually I read the letter I believe they upheld our actions as permissible. MR. SCHWARTZ: I don't believe that I said they took my side but if I did, I meant my side against the actions that were taken not against Southold Town. SUPERVISOR RUSSELL: Well, again .... MR. SCHWARTZ: Look, I don't come here to fight, I am trying to work with you. SUPERVISOR RUSSELL: No, you do and that is the problem. MR. SCHWARTZ: Well, but you missed my point when I am trying to help you do what you are supposed to be doing which is run these meetings properly. You say you don't understand August 24, 2010 Page 44 Southold Town Board Meeting .Minutes and yet you don't ask me to explain. SUPERVISOR RUSSELL: I don't have to ask you, you explain anyway. By all means, feel flee. This is argumentative and counter productive. Go ahead. MR. SCHWARTZ: And add impertinent I think is another word you once used in reference to myself. SUPERVISOR RUSSELL: Impertinent? MR. SCHWARTZ: That was a couple of years ago. SUPERVISOR RUSSELL: No it wasn't. COUNCILMAN RULAND: Sir, is there a point to your remarks? MR. SCHWARTZ: The point is that there are three executive sessions on the agenda that appear to have been illegally convened. That the work sessions, every time there is, a work session is you know, the work session is what do you call it, you end the work session and you go into executive session. Every time that happens you are required to vote and you are required to vote on a formal motion. SUPERVISOR RUSSELL: We do. MR. SCHWARTZ: And that motion is required to be recorded in minutes. COUNCILMAN ORLANDO: Now the work session .... MR. SCHWARTZ: Is it? Is it? COUNCILMAN ORLANDO: May not reflect what we said today. Louisa took great efforts to make a very detailed opening of executive sessions for every remark. COUNCILMAN RULAND: That is not what he saying. SUPERVISOR RUSSELL: He is saying the mere vote to go into executive session .... COUNCILMAN RULAND: That should be recorded. You are correct. It should be recorded. MR. SCHWARTZ: Thank you. COUNCILMAN KRUPSKI: And to go back to an earlier point that you made about you and the rest of the public being part of the team, the same team, it is a very good point and resolution 678 addresses that. The Town Board did establish a task force to address a certain issue. It contained, besides two Town Board members, eight members of the public. So they are August 24, 2010 Page 45 Southold Town Board Meeting Minutes recognized as part of being part of a team that is going to help us get through an issue that is important to the community. MR. SCHWARTZ: Which issue is that? COUNCILMAN KRUPSKI: That is the special event committee. MR. SCHWARTZ: Yes, that is going to be an important issue. COUNCILMAN KRUPSKI: So we recognize that everyone is important here and value everyone's comments. MR. SCHWARTZ: Okay. So that was the first executive session, the second and third executive sessions again it is not clear to me what was being, what was going to be discussed in those executive sessions. The first one talked about FI road improvement, I assume that is Fishers Island road improvement. And the second part of that is proposed purchase. Can you ..... COUNCILMAN ORLANDO: Proposed purchase was exactly what we talked about for our public heating. That was the .... SUPERVISOR RUSSELL: We are in contract for purchase of development rights on property, there are issues that are being raised within discussing that contract and whether that contract needs to be reexamined. Those, that is as far as I am going to state to you. It is in contract, it is fully recognized by the State of New York that we can have an executive session to discuss purchases of property in contract that might fundamentally change the cost of the property, the cost to the town, the cost to, it is all contractual stuff. We have that right. MR. SCHWARTZ: Two letters I would like to call to your attention. The first one dated 1993, addressed to Thomas Wickham, Councilman. SUPERVISOR RUSSELL: The name doesn't ring a bell. No, I am just joking. Go ahead. MR. SCHWARTZ: Before he became President Wickham. I mean Supervisor Wickham. I can't make a joke around here, can I? Well, this letter, I don't know if you have seen it because it was before your time but .... SUPERVISOR RUSSELL: It was, I am very familiar with the letter. It wasn't before my time, I was an Assessor in those days, remember? MR. SCHWARTZ: Okay. SUPERVISOR RUSSELL: I don't know if that is bragging or complaining but yes, okay. MR. SCHWARTZ: Well, this talks about which contracts are appropriate subjects for executive August 24, 2010 Page 46 Southold Town Board Meeting Minutes session and to have an executive session just labeled contracts and then later on to say contract/outstanding issues, the logical assumption of somebody reading this agenda is that there are matters, now I know that the Town Board is trying to do the fight thing, I wouldn't be here if I didn't believe that and especially in the next one with the John Cushman there, the contract, I assume that that contract was the public employees contract. That was the subject of that but that is one of the only contracts, there are very few types of contracts, there is another, a contract for potential purchase of land that may be discussed in executive session but only to the extent that and that is what this Town Board is missing. And the answer to that from the committee on open government whose job it is to advise this government is a key question involves the extent to which information related to possible real property transactions has become known to the public. The more that is known the less likely it is publicity would have an impact on the value of the parcel or damage the interest of the taxpayers. Now the last thing I want to do is damage the interest of taxpayers but the way that this, these meetings are being conducted right now, you are leaving the town wide open to potential litigation. Anybody who challenges any of the actions done, any of the properties purchased in our land preservation commission. Number one, you need to comply with the letter of the law. Number two, the spirit of the law would suggest that maybe we need to do a better job of keeping the public informed of the information which is not subject to that confidential and secret label. Alright .... COUNCILMAN RULAND: I rarely comment but I am going to comment to that. Most people's assumption is that when they see something like this is that there is an amount, there is a fixed parcel and that is it. Probably in 50% of the cases since I have been here, there is another party out there. Offering a different value and they are not going to preserve it. So it is very important that the information regarding the value remains confidential. Because it would have an adverse affect on taxpayers, there is no question about it. Because the other options and Albert, you can correct me if I am wrong, the other options which would need a third party, they involve fee title. Which gives the owner the right to do everything allowed under the code. Is that correct? COUNCILMAN KRUPSKI: Absolutely. COUNCILMAN RULAND: I can also see your point of view. I can also see your point of view in that from one side of the table it looks different than from the other. I will agree with you that we might be better served if we don't use abbreviations. We might be better served. MR. SCHWARTZ: And the information on the parcels that are being considered for inclusion in the preservation program is public knowledge, so we know which parcels the town is thinking about buying. COUNCILMAN RULAND: You do at a point but you don't know that in the initial stages. COUNCILMAN KRUPSKI: The Land Preservation Committee, all the initial discussions are conducted in executive session. Because they discuss values and appraisals in, you know, comparable to other parcels. August 24, 2010 Page 47 Southold Town Board Meeting Minutes MR. SCHWARTZ: I think we have had enough fun tonight. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Would anybody like to address the Town Board on any issue? (No response) Hearing none. Motion to adjourn? Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:49 P.M. Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell