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Home My WebLink AboutTB-09/21/2010ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork.net MINUTES September 21, 2010 4:30 PM A Regular Meeting of the St Meeting Hall, 53095 Main Road, Southold, NY. Supervisor PM with the Pledge of Allegiance to the Flag. 21,201£ ~the 4:30 Call to Order 4:30 PM Meeting called to order on Septemb~ $outhold, NY. I. Reports 1. Trustees Monthly Report 2. Justice Price Monthly Report 3. Justice Evans Monthl' 4. Department of Public Works 5. Budget 6. Zoning Board 7. Program for the 8. Justice 9. Human Resou~g~ II. PubHc IlL IV. 9:00 A.M. 2. Conservation~sory Council Chairman's 3. Update on Ligliiing Upgrades 4. Goldsmith DEIS, Next Steps - Are There Any? 5. Beaches - Use, Misuse and Abuse 6. Request for Parking by Permit Only 7. Proposed Legislation 8. Request for Fee Increase of Interpreters for Courts 4eeting H~ll, 53095 Route 25, Report to Town Board September 21, 2010 Page 2 Southold Town Board Meeting Minutes o 10. 11. 12. 13. Executive Session Motion To: Enter into Executive Session RESOLVED that thc Town Board of the Town of Southold hereby enters into Executive Session at 11:03 AM for the purpose of discussing the following items: Contract Negotiations; the employment performance and history of particular person(s); Litigation Strategy, Town of S outhold vs. Edson.; Proposed acquisition of real property the publicity of which would substantially affect the value thereof; RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Executive Session - Contract Negotiations Executive Session - Personnel Executive Session - Litigation Strategy 12:00 - Executive Session - Melissa Spirt, Land Preservation 12:30 PM - Executive Session - John Cushman, Lloyd Reisenberg Motion To: Exit from Executive Session RESOLVED that the Town Board of the Town of Southold hereby exits from Executive Session at 1:50 P.M. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Motion To: Items placed on Agenda as a result of this Executive Session Resolution numbers 769, 772, 773, and 774 were placed on the agenda as a result of this Executive Session. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Opening Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise and join me in the Pledge of Allegiance. Thank you. Is there anyone in the audience that would like to address the Town Board on any of the resolution items on the agenda? September 21,2010 Page 3 Southold Town Board Meeting Minutes John Beeht, Southold JOHN BETSCH: John Betsch, Southold. There are two items that appear on the agenda or I guess to be discussed at the work session, I would like to ask some questions about it. One was beaches, use, misuse and abuse and I would like to address that if I can. I am here as the president of Kenney's-McCabe's civic association and within our boundaries, we have two of the Town's three Long Island sound beaches, so we have a big stake in this and we would like to go on record, our civic association, we would like to be a player in the discussion here. We will provide whatever assistance or support we can or discussion as you discuss beach management issues. As I am sure you know, we have completed several association efforts down at the beach to maintain and protect the beaches and we do also have some additional conceptual efforts we want to continue with. In fact, Thursday at the Park and Recreation committee I am going to submit some line items for potential submission to include in the DPW's 2011 budget if they wish to. Recently there was an issue at a New Jersey beach that got some publicity and it was a local ordinance that was used that was called 'interfering with the enjoyment of the quiet use of the beach or public area is prohibited'. It had to do with some issues down at the beach. Now hopefully we don't have to get to that point of legislating good manners but it is getting closer. Again, we just want to keep Kenney's and McCabe's beach as family beaches as they are and we want to go on record that we want to be a player in the discussion if we can. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Sure, thank you very much. COUNCILMAN KRUPSKI: We are looking forward to input. But this is more than three beaches, this goes to .... MR. BETSCH: I realize that. COUNCILMAN KRUPSKI: Bailie's and Duck Point and .... MR. BETSCH: We have people right now, the fishing problem and the parking problem and the litter problem and the use of the beach for things that you wouldn't think the beach should be used for. SUPERVISOR RUSSELL: Thank you. COUNCILMAN ORLANDO: But some of your quality of life is better down there with the improvements that we did in the last year, correct John? MR. BETSCH: Absolutely. We have found that the more we upgrade and protect the beach, the more people seem to respect it. COUNCILMAN ORLANDO: It's contagious. MR. BETSCH: We really do. Potentially maybe because there are people who live near it now September 21, 2010 Page 4 Southold Town Board Meeting .Minutes who they know have a watchful eye but also I think that it goes a long way, the putting up of the guardrail and the institution, you know, putting in the beach grass and the boardwalks, people are now using the boardwalks. It really makes a difference. We do have some rejuvenation work to be done at Kenney's because people are starting to abuse it but we have some more ideas that we want to implement and we just want to be, if we can, a player. COUNCILMAN ORLANDO: We will talk Thursday at the Park and Rec meeting. MR. BETSCH: We will do that. The second item, I see you had the Goldsmiths DIS at the work session. As there was a vote and I would be interested in knowing what the vote is and who voted in what way, if I can? SUPERVISOR RUSSELL: We actually didn't take a formal vote but in polling the Board, it looked like, if I sensed differently, I was the only one that supported moving forward to reduce that last third that has become dysfunctional. The last third of the jetty. But there was no Board support to move forward. Other members can speak for themselves but I still think that, you know, this thing has been talked about and talked about and studied and studied and it is just time to get it done. And at the same time, reinforce the two thirds that are there with the existing material. MR. BETSCH: Is there anybody that would like to express why they voted like they did? COUNCILMAN KRUPSKI: Oh, I am very familiar with the whole project and probably three or four years ago I would have agreed completely with the Supervisor but things have changed down there a lot, the end of the jetty is no longer, it was, as a functional jetty, the sand moved off shore, it was lost to the littoral drift and that is why the beach was being starved to the east now the end of the jetty is porous and you can see it deteriorated from the end quite a bit in fact, the east side is slumping, the whole east side, about a third of it is now slumping down. Sand is bypassing through it, it is staying within the system and I am not convinced that shortening it would help the sand bypass and would increase it at all and I am not convinced at all that shortening the jetty would help Goldsmiths inlet itself and that, you know, the inlet being plugged up with sand. I think it would be the same scenario because you have the same sand, staying in the system, the littoral system, certain storm events are going to move it into the inlet regardless of whether it is shorter or left the way it is. MR. BETSCH: Do you also feel then that as the jetty becomes less functional it becomes more of a hazard both navigationally and people in that area? COUNCILMAN KRUPSKI: No, as a kid growing up in Peconic, we used to play on that jetty, it was always, I don't know if I want to say dangerous or as safe as it is today, those rocks are coated with algae, they are slippery, they were when the jetty was functional. It was still a big stone jetty even when it was functional and we kids always played on it and jumped off it and swam around and so it sort of, to me, that hasn't changed at all. I don't see it as being more dangerous. September 21,2010 Page 5 Southold Town Board Meeting Minutes COUNCILMAN ORLANDO: And John, my opinion is pretty much the same as Albert's about that science and also the initial cost factor of almost one million dollars to do it with the potential of getting 50% back from a grant on that one but there is no silver bullet that could fix the jetty and then reduce the dredging of Goldsmiths inlet. We talked about diverting that grant to the save Goldsmiths inlet project to try and do maybe more dredging to keep that from clogging up as much. We just, I don't want to speak for anyone else, I just felt that also the jetty at the end has been pretty much penetrated, so the sand is going through it now and to spend the money that we don't have, to maybe take some sand from the west and bring it to the east and mother nature does that anyway if she wants to, she gives some, she takes some. You live on the water, you see some years you have sand, some years you don't. It is just a, the science wasn't there to show that this was a silver bullet to fix everyone's problem. With money that we didn't have, don't have. SUPERVISOR RUSSELL: I would suggest it was never presented as a silver bullet, one very big step in the very right direction. COUNCILMAN RULAND: I think also Scott, that from my point of view which was in reading the science, the science wasn't definitive and my biggest concern was when the science tells you that it may and it might, that means it might now as well and removing any part of it, if it didn't do as it would, the science suggested it might, then if you wanted to put it back, you would never ever be allowed to put it back. And I wasn't willing to take that gamble. MR. BETSCH: Thank you. Benja Schwartz, Cutchogue BENJA SCHWARTZ: Good evening. Benja Schwartz, Cutchogue. I don't know if any of you could refresh my memory but I thought it was during the last year budget discussion time, I thought there was a resolution that was voted on and voted for that it was agreed to limit the number of out of town conferences that town employees could attend? SUPERVISOR RUSSELL: What we did was we didn't set any specific targets. What we did do was develop policy that encouraged town employees to go to local seminars when they are offered to save the overnight costs and to evaluate each of those trips to determine to what extent they are necessary and to what extent we would be willing to pay for them. COUNCILMAN ORLANDO: Some town employees need continuous education, so in lieu of sending everyone out of state for a few days, the cost of travel and lodging, we are focusing local seminars so they can get their credit for education on a day trip. MR. SCHWARTZ: I see on the agenda, resolution 750, that police Chief Cochran is planning to take a week down in Florida in Orlando .... COUNCILMAN ORLANDO: But you will notice that we are not paying for his travel or meals. Just the registration and the hotel. SUPERVISOR RUSSELL: Yes, he agreed to pick up the cost of the transportation and his food. September 21, 2010 Page 6 Southold Town Board Meeting Minutes All he is asking for is the expense for the registration and the hotel be picked up by the town. COUNCILMAN ORLANDO: And Benja, we are making an effort to reduce that cost. MR. SCHWARTZ: I appreciate that. I am also concerned that there is a lot of work that needs to be done here in town and he is going to be away for a week. Also, I looked up the conference and it appears that they promote the conference as a toy store for people doing police work and kind of a vacation, entertainment experience. So I am not saying there are not educational opportunities available at the conference but perhaps the Board would consider refining its policy to require a statement of intent as to anybody going to any, even if it is required by law for someone to have continuing education, I believe that if the town is going to pay for it, the subject should relate to their position working for the town. Should be useful to their employment in connection with the town and a short statement of the nature of that subject, what for are they going to the conference. To attend which seminars or look into which areas I think would help control abuse and promote appropriate use of.... COUNCILMAN ORLANDO: We do get a summary report after a conference if someone goes away. Recently Captain Flatley went on a seminar and he mailed us a one page summary of what he did that was very informed and detailed. COUNCILMAN KRUPSKI: And Heather Lanza from the Planning Department will do the same thing. She will go to the seminars and she will give us a brief summary of what she leamed there. MR. SCHWARTZ: After the fact? SUPERVISOR RUSSELL: We actually also get prior to them going, they have to submit the information. We have a form that they fill out, it outlines and asks the location, the estimated cost to the taxpayer, the purpose for the trip. All that gets filled out by any of the individuals that want to go somewhere. Even if it is just a day trip. COUNCILMAN ORLANDO: This is all part of what we did last year. Getting under control on this one. MR. SCHWARTZ: That was not dear on the agenda. Thank you. SUPERVISOR RUSSELL: Would anybody else like to address any of the agenda items? (No response) Go ahead. Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, August 10, 2010 September 21, 2010 Page 7 Southold Town Board Meeting Minutes e' v0te Re--rd ~ Aceeptnnce 0f MinUtes for AuguS~ !0~ 2010 7:30 PM ~es/Ay~ No/Nay Abstain Absent William Ruland Voter [] [] [] [] [] Accepted Vincent Orlando Voter [] [] [] [] [] Accepted as Amended C~st~pher Talb~i ~ec0nder ~l ~ [] [] [] Tabled Louisa P. Evans Initiator Scott Russell Voter RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, August 24, 2010 Vote ~d ~Aeeeptance of Minate~ for Augus~ 24~ 2010 4 30PM Ye~A~e No~a~ Abstain Absent William Ruled Vot~ ~ Acc~t~ as ~md~ Chfistoph~ Talbo[ S~ond~ ~ Tabl~ Alb~ ~pski Jr. Scott ~sea Vot~ RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, September 07, 2010 ~ Vote Record - AccePtance 0f ~utes for Sept~:mber ~/, 20!0 7~PM Yes/Aye No/Nay Abstain Absent William Ruland Voter [] 0 [] [] [] [] [] [] [] Accepted Vincent Orlando Voter [] Accepted as Amended Chri$[0phcr Ta bot Seconder [] [] El [] Voter [] [] [] [] [] Tabled Albert Krupsk! Jr. Louisa P. Evans Initiator [] [] [] [] Scott l~usS~ii Voter [] [] El El V. Resolutions 2010-733 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit · RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated September 21, 2010~ with the exception of Invoice #109 in the amount of $16,500.00. ~ V0te ReC0rd - ReSOlutiOn RES~2010-733 [] Adopted [] Adopted as Amended YeS/~Y~ No/Nay Abstain Absent [] Defeated William Ruland seconder : [] [] [] [] - [] Tabled Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Albca ~p~k! ~[: Voter [] F1 [] [] [] Tax Receiver's Appt Louisa P. Evans Initiator [] [] [] [] [] Rescinded Sco6 Russell Voter [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt September 21, 2010 Page 8 Southold Town Board Meeting Minutes 2010-734 CATEGOR~ DEPARTMENT: Set Meeting Town Clerk Set Next Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, October 5, 2010 at the Southold Town Hall, Southold, New York at 7:30 P. M.. ,/Vote Re~ord *Resolution R~S-2010-734 ~l Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter I~ [] [] [] [] Withdrawn Christopher Ta bot Seconder [] [] [] [] [] Supervisor's Appt Albert Kmpski Jr. Voter ~ [] [] Tax Receiver's Appt [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys ADpt 2010-687 Tabled 8/24/2010 4:30 PM, 9/7/2010 7:30 PM CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation Girards - SEQRA & Elect to Purchase Dev 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 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 8.264- acres (subject to survey) of the 10.14- acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the easement will be acquired using Community Preservation Funds. The purchase price is $63,000 (sixty-three thousand dollars) per buildable acre for the 8.26:t: acre easement September 21, 2010 Page 9 Southold Town Board Meeting Minutes 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 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. September 21, 2010 Page 10 Southold Town Board Meeting Minutes ReeOrcl; ReSOlUfibn RES-2010-657 Adopt~ Adopt~ as ~d~ Def~t~ ~ ~e~A~e No~ay ~ Abstain Absent Tabl~ William Ruled Mitiator ~ ~ ~ ~ Wi~ Vinc~t ~l~do Vot~ ~ ~ ~ ~ Tax R~dv~'s Appt ~!~ ~Paki Jr: Vot~ ~ ~ ~ D R~c~d~ ~uisa P. Evans S<ond~ ~ : ~ ~ ~ To~ Cl~k's Appt Sco~ Russell Vot~ ~ ~ ~ ~ Supt Hgwys Appt Next: Oct 5, 2010 7:30 PM 2010-735 CA TEGOR ¥: DEPARTMENT: Attend Seminar Building Department TrainingSeminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Building Inspector George Gillen to attend a seminar on 2010 Code Updates in Patchogue~ on September 23~ 2010. All expenses for registration, travel to be a legal charge to the 2010 Building Department budget (meetings and seminars). 'e' Vfi~ R~rd ~ Reao!Uti~n RES-20t0-73S .... , [] Adopted [] Adopted as Amended Y~A~e No/Nay Abstain Absent [] Defeated William Ruland Voter ~ [] [] [] [] Tabled Vincent 0riand~ lnitia~o; ~ [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] : [] [] [] Rescinded Louisa P. Evans Seconder ~ [] [] [] [] Town Clerk's Appt Scott Russell V~ter [~ [] [] [] [] Supt Hgwys Appt 2010-736 CATEGORY: DEPARTMENT: Budget Modification Police Dept Budget Modification- Police Department Fiscal Impact: To balance an over expended budget line due to more overtime than anticipated to cover an employee out on illness. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Whole Town budget as follows: From: A.3020.4.200.100 Public Safety Communications September 21, 2010 Page 11 Southold Town Board Meeting Minutes To: A.3020.1.100.200 Utilities, Telephone $3,148 Public Safety Communications Regular Earnings, Overtime $3,148 Vote Rgeord - Resolution R1~S-2010-736 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Roland Voter , [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawa Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Alber~ Kmpski Jr. Initiator [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] $npt Hgwys Appt 2010-737 CA TE G O R Y: DEPARTMENT: Budget Modification Police Dept Budget Modification- Police Department Fiscal Impact: Balances and over expended budget line due to unanticipated repairs to the bottom of the police boat. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Whole Town budget as follows: From: A.3120.4.100.200 A.3130.2.400.150 A.3130.2.400.400 A.3130.2.500.200 To: A.3130.4.400.650 Police, Supplies & Materials Gasoline & Oil $6990 Bay Constable Equipment, Light Bars $760 Bay Constable Equipment, Buoys $320 Bay Constable Communication, Radio Equipment $330 TOTAL $8400 Bay Constable Vehicle Maintenance & Repairs $8400 September 21,2010 Page 12 Southold Town Board Meeting Minutes Vote Record - Re~olutlon RES-2010-737 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Cluistopher Talbot Seconder [] vi [] [] [] Supervisor's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Initiator gl [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hlgwys Appt 2010-738 CA TEGOR Y: DEPARTMENT: Budget Modification Police Dept Budget Modification- Police Department Fiscal Impact: To appropriate money received from Suffolk County for towing reimbursements for the over expended vehicle impound line. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Whole Town budget as follows: Increase Revenues A.2210.10 Increase Appropriations A.3120.4.400.700 Suffolk County Towing Reimb. $1,000 Police Vehicle Impounds $1,000 ~' ~ote:ReCOrd .. ~lut on RigS-2010:738 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [3 [] [] Supervisor's Appt [] Tax Receiver's Appt Louisa P. Evans Seconder [] [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] Supt Hswys Appt 2010-739 CA TEGOR Y: DEPARTMENT: Budget Modification Town Clerk Establish 2010 Capital Budget Records Project Fiscal Impact: 2010 Capital Budget Records Project to Restore Early Town Records September 21,2010 Page 13 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Proiect in the 2010 Capital Budget: Capital Project Name: Restore Early Town Records Financing Method: Budget: Revenues: H.5031.36 Appropriations H. 1460.2.400.200 Transfer from General Fund Whole Town Interfund Transfers Restore Early Town Records Records Management Capital Outlay Contracted Services Restore Early Town Records $5,156.00 $5,156.00 Vote Re~trd - Resolution RES-2010-739 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Initiator [] [] [] 13 [2] Tabled Vincent Orlando Seconder fi] ' [] [] [] [] Withdrawn Christopher Talbot Voter [] [] 13 [] [] Supervisor's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Tax Receivers Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-740 CATEGORY: DEPARTMENT: Attend Seminar Town Attorney Grants Permission to Assistant Town Attorney, Lori ~ Hulse, to Attend the Seminar Entitled "22Nd Annual Supreme Court Review" at Touro Law Center in Central Islip, New York, on November 5, 2010 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Assistant Town Attorney~ Lori M. Hulse, to attend the seminar entitled "22nd Annual Supreme Court Review" at Touro Law Center in Central Islip~ New York~ on November 5~ 2010. All expenses for registration and travel are to be a charge to the 2010 Town Attorney budget. Vote ReCOrd; Resolution R~S-2010-740 [] 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 Albe~t Krupski ~[, ~ [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scoi~ Russell Voter [] [] [] [] [] Supt Hgwys Appt September 21, 2010 Page 14 Southold Town Board Meeting Minutes 2010-741 cA TE GORY: Fmla DEPARTMENT: Accounting Grant FMLA Leave to a Town Employee WHEREAS Employee #7120 has been out of work due to non-work related illness since August 9, 2010, and WHEREAS the Town Board of the Town of Southold is required to comply with the Family Medical Leave Act (FMLA) and the Town's collective bargaining agreement with the CSEA, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby grants an FMLA leave of absence for up to 12 weeks to Employee #7120 effective August 9, 2010. Vote Record - Resolution RES-2010-741 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated W am Ru and Seconder [] [] [] [] [] Tabled [] [] [] [2 Vincent Orlando Voter [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt [] [] Tax Receiver's Appt Albert Kmpski Jr. Initiator .~ [] [] [] Louisa P. Evans Voter [] [] [] [] RescInded 1~ [] [] [] [] Town Clerk's Appt Scott Russell Voter [] Supt Hgwys Appt 2010-742 CATEGORY: DEPARTMENT: Employment - Town Public Works Rescind Resolution of lntent to Retire RESOLVED that the Town Board of the Town of Southold hereby rescinds Resolution No. 2010-619~ dated August 10~ 2010 regarding the intent to retire of James McMahon. [] 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 Kmpski Jr. Voter [] [] : [] [] [] Tax Receiver's Appt Louisa P. Evans Initiator [] [3 [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter F1 Supt Hgwys Appt September 21, 2010 Southold Town Board Meeting Minutes Page 15 2010-743 CA TEGOR Y: DEPARTMENT: Employment - Town Accounting Acknowledges Intent to Retire Eileen D. Conrad RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Eileen D. Conrad from the position of Clerk Typist for the Police Department, effective October 14, 2010. [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated ~iiii~m Ruland Voter [] [] : [] [] [] Tabled Vincent Orlando Voter [] Withdrawn Chhsi0~h~r Talbot Initiator [] [] [] [] [] Supervisor's Appt ~!be~ Krupsk! J?. Voter [] [] [] [] [] Tax Receivea's Appt Louisa P. Evans Seconder [] [] [] [] [] Rescinded Voter [] Town Clerk's Appt Scott Russell [] Supt Hgwys Appt 2010-744 CATEGORY: DEPARTMENT: Attend Seminar Planning Board Grant Permission for Planning Board and Department Members to Attend Suffolk County Planning Federation's 2010 Autumn Planning Conference at Brookhaven National Laboratory RESOLVED that the Town Board of the Town of Southold hereby grants permission to Planning Board Member Martin Sidor, Planning Director Heather Lanza, Principal Planner Mark Terry and Planner Kristy Winser to attend Suffolk County Planning Federation's 2010 Autumn Planning Conference at Brookhaven National Laboratory in Upton, NY on September 29, 2010. The only expense will be for travel in a town vehicle and/or mileage, which will be a legal charge against the 2010 Planning Department Budget (meetings and seminars). [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Initiator I~ [] [] [] [] Tabled [3 [] ~ [] Vincent Orlando Voter [] Withdrawn Christopher Talbot Voter [] Supervisor's Appt A!be~ Krupsk! Jr. ~0[er [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Seconder [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-745 CATEGORY: Budget Modification September 21,2010 Page 16 Southold Town Board Meeting Minutes DEPARTMENT: Public Works DPW Snow Plow for Vehicle Fiscal Impact: None RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 Department of Public Works budget as follows: From: A.1620.4.100.650 Vehicle Maintenance & Repairs $4,755 To: A.1620.4.100.550 Motor Vehicle Parts & Supplies $4,755 [] Adopted [] Adopted as Amended Y~s~Ay~ N~(NaY Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn c~si~pher T~i~{ Voter l~ [] ~ [] [] Supervisor's Appt A!~ ~p~k! ~[: V~[er [] [] [] 13 [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Vpter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] : [] [] [] Supt Hgwys Appt 2010-746 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Waive the Parking Permit Requirements for Vehicles Bearing a Mattituck Park District Permit RESOLVED that the Town Board of the Town of Southold hereby waives the parking permit requirements for vehicles bearing a Mattituck Park District Permit at the town's Mattituck Creek ramp and parking area located on CR 48, Mattituck during the construction period (late September to Mid-October) of the Mattituck Park District Ramp adjacent to the town's ramp at that location. Vote Record = Reso ut on RES-2010-746 [] Adopted [] Adopted as Pdnended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supcrvisor's Appt Albert Kmpski Jr. Initiator [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt September 21, 2010 Page 17 Southold Town Board Meeting .Minutes 2010-747 CATEGORY: DEPARTMENT: Budget Modification Accounting Amend Budget Modification 2010-292 Fiscal Impact: Amend budget modification to remove transfer from General Fund Part Town to Highway Fund Part Town for flood control equipment, as FEMA and SEMO aid has been received to recover funds paid for Severe Storms and Flooding in March 2010. RESOLVED that the Town Board of the Town of Southold hereby modifies the Resolution 2010-292 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 budget as follows: Highway Fund Part Town Increase Revenues: DB.3960.50 State Aid, SEMO DB.4960.50 Federal Aid, FEMA Increase Appropriations: DB.5130.4.400.300 Equipment Rentals $5,000 $15,000 $20,000 Vote Record - Resolution RES-2010-747 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent Fl Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-748 CA TE GO R Y: DEPARTMENT: Property Usage Town Clerk Issue Fireworks Permit to East End Seaport for Saturday, September 25, 2010 at 9.'00 PM on Shelter Island Sound, Greenport September 21, 2010 Southold Town Board Meeting Minutes Page 18 RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a fireworks permit by the Town Clerk to East End Seaport and Pyro Engineering~ Inc d/b/a Bay Fireworks~ for a fireworks display on Saturday~ September 25~ 2010 at 9:00 P.M. on Shelter Island Sound~ Greenport, upon payment of a fee of $100 and subject to the applicant's compliance with the requirements of the Town's policy regarding the issuance of fireworks permits, as amended, and subject to the approval of the Town Attorney. I¢1 Adopted [] Adopted as Amended ~(~ N~y Ab~i~ Ab~~ [] Deleted William Ruled Vot~ ~ ~ ~ ~ ~ Tabl~ V{n~i O~i~d$ ~$t~ ~ ~ ~ ~ ~ Wi~dmwn Chfistoph~ Talbot Initiator ~ ~ ~ ~ ~ Sup~isor's Appt ~ Tax R~eiv~'s Appt AIb~ ~psM Jr. Vot~ ~ ~ ~ ~ ~uisa P. Ev~s S~ond~ ~ ~ ~ ~ ~ Rescind~ ~ Town Cl~k's Appt Scott R~sell Vot~ ~ ~ ~ ~ D Supt Hg~s Appt 2010-749 CA TEGOR Y: DEPARTMENT: Employment - Town Accounting Acknowledges Intent to Retire Joseph Corbin RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Joseph Corbin from the position of Highway Labor Crew Leader for the Highway Department, effective October 14, 2010. Vote R~ord - Re~olutio~ RE8-20~0-749 [] Adopted [] Adopted as Panended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Oriando Voter [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Voter · [] [] [] [] [] Rescinded Louisa P, Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-750 CA TEGOR Y: DEPARTMENT: Attend Seminar Police Dept Attend Seminar- Chief Carlisle E. Cochran. Jr. RESOLVED that the Town Board of the Town of Southold hereby grants permission to Chief Carlisle E. Cochran~ Jr. to attend the International Association of Chiefs of Police Conference & Law Enforcement Education & Technology Exposition in Orlando, Florida~ September 21,2010 Page 19 Southold Town Board Meeting Minutes from October 23~ 2010 to October 27~ 2010. All expenses for registration and lodging to be a legal charge to the 2010 Police Training budget line, A.3120.4.600.200. ~ Vot~ Re~rd ,, Resoiat]on ~s-20i0,750 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] : FI [] [] Town Clerk's Appt S~0tt RUSsell Voter [] [] [] [] [] Supt Hl?ys Appt 2010-751 CATEGORY: Employment - Town DEPARTMENT: Accounting Accept the Resignation of Richard Olszewski RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Richard Olszewski from the position of Part-Time Guard for the Solid Waste District effective September 17, 2010. ,~, ~9~,Rgcord ~Reao~atitn RES"2010e751 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent 0~iando ~nder i~ [] [] [] [] 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 Hlswys Appt 2010-752 CATEGORY: Legal DEPARTMENT: Town Attorney Authorizes the Orient-East Marion Park District to Retain Anthony B. Tohill, Esq. as Legal Counsel, Effective September 9, 2010 RESOLVED that the Town Board of the Town of Southold, pursuant to Town Law §215(22), hereby authorizes the Orient-East Marion Park District to retain Anthony B. Tohill~ Esq. as Legal Counsel~ effective September 9~ 2010. September 21,2010 Page 20 Southold Town Board Meeting Minutes Vote Record - Resolution RES~2010-752 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [~ [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-753 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Accepts the Grant Offer and Authorizes and Directs Supervisor Scott A. Russell to Execute the Grant Agreement Between the Town of Southold and the Federal Aviation Administration in Connection with AIP Project No. 3-36-0029-18-10for the Runway Crack Repair and Sealing Project, Phase II (Design and Construction), at Elizabeth Field Airport, Fishers Island, New York, in the Sum of $214, 700 RESOLVED that the Town Board of the Town of Southold hereby accepts the Grant Offer and authorizes and directs Supervisor Scott A. Russell to execute the Grant Agreement between the Town of Southold and the Federal Aviation Administration in connection with AlP Project No. 3-36-0029-18-10 for the Runway Crack Repair and Sealing Proiect~ Phase II (desiv_n and construction), at Elizabeth Field Airport, Fishers Island, New York, in the sum of $214,700, subject to the approval of the Town Attorney. ~ Vot~ R~rd ~ Res~!Uiinn R~S-20 i0;753 ~1 Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopber T~!bo~ [~iir!a!0[ [] [] [] [] [] Supervisor's Appt Albert Krapski Jr. Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-754 CA TEGOR Y: DEPARTMENT: Bid Acceptance Fishers Island Ferry District Approve the FIFD to Accept the Lowest Price Submitted by French Masonary to Seal the Exterior Brick of the New London Terminal RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated September 7, 2010, to accept the lowest price submitted by French Masonary, in the amount of $4,500.00, to seal the exterior brick of the New London Terminal; the Ferry District will supply the September 21, 2010 Page 21 Southold Town Board Meeting Minutes required quantity of Conpro Shield MX Sealer and the contractor will furnish all other items and labor to complete the project according to the bid specifications. Vote Record - Re*olution RES-1010-7S4 [~ Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisors Appt Albert Kmpski Jr. Voter [] [] [] ~ [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] Supt Hl~wys Appt 2010-755 CATEGORY: DEPARTMENT: Bid Acceptance Fishers Island Ferry District FIFD Accept H Knoblock Proposal RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated August 20, 2010 retaining the legal services of Henry Knoblock III in conjunction with the Fishers Island Ferry District's application to the State of Connecticut for a Tax Exempt Permit for the exemption of payment of fuel tax at a flat fee of $2,500. ~ Voi~ Reeorfl ~ ReSOluti6n RES-2010-755 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Initiator [] Withdrawn [] Supervisor's Appt Christopher T~!bo~ Voter ~ [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt H~wvys Appt 2010-756 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Cost Plus Fixed Fee Consultant Agreement for Design and Construction Observation and Administration Services Between the Town of Southold and C&S Engineers, Inc. in the Amount of $5,883. O0 in Connection with Project No. 3-36-0029- 18-10(D&C) Regarding the Runway Crack Repair and Sealing Project, Phase Il, at Elizabeth Field Airport, Fishers Island, New York RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Cost Plus Fixed Fee Consultant Agreement for design and construction observation and administration services between the Town of September 21,2010 Page 22 Southold Town Board Meeting Minutes Southold and C&S Engineers~ Inc. in the amount of $5,883.00 in connection with Project No. 3-36-0029-18-10(D&C) regarding the Runway Crack Repair and Sealing Project, Phase II, at Elizabeth Field Airport, Fishers Island, New York, subject to the approval of the Town Attorney. ~, ¥0)~ Re.rd - Reaoluti0n RES-2010;756 ,,, [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Ctaistopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupsk! Jr. Initiator [] [] [] [] [] Rescinded , Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-757 CA TEGOR Y: Re fund DEP.'IRTMENT: Town Clerk Refund of 50% to BEC Electric of Building Department ~lpplication Fees RESOLVED that the Town Board of the Town of Southold hereby authorizes a 50% refund of $193.50 to BEC Electric~ Inc. of Building Department application fees paid for electrical work, as recommended by the Building Department. · Vote Record- Resolution RES-2010-757 [] Adopted [] Adopted as Amended Yes/Aye NofNay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Albert Krapski Jr. Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-758 C.4TEGORY: DEPARTMENT: Bid Acceptance Public Works Deer Management Program Fiscal Impact: Rental o fa refrigerated truck to transport deer harvested, as part of the $outhold Deer Management Program, to a food pantry in Oakdale. RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Salem Truck Leasing~ Inc. 9505 Avenue D~ Brookl.yn~ NY 11236~ to supply the Town of Southold with a 16' refer box truck at $400 a week and .15 cents per mile~ for the purpose of transporting deer harvested~ as part of the Town' Deer Management Program~ to a food September 2 I, 2010 Page 23 Southold Town Board Meeting Minutes pantry in Oakdale~ in the amount not to exceed $5,400, all in accordance with the approval of the Town Attorney. Vote Record - Resolution RIGS-2010-758 ~ Adopted [] Adopted as Amended Ye~/Aye No/Nay Abstain Absent [] Defeated William Ruland ~ Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn [] Supervisor's Appt Christopher Talbot Initiator [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt Comments regarding resolution 758 COUNCILMAN ORLANDO: Do you want to expand on that Scott? SUPERVISOR RUSSELL: One of the issues that we have come up with in trying to reduce the number of deer in the town is hunters who don't want to shoot to waste. They want to see that the deer meat is put to good use. What we have done is we are going to rent this truck and we are going to provide dressed deer to a pantry in Oakdale that will butcher the deer meat and distribute it to Long Island Cares and Feed New York. It is an excellent resource for these pantries very much in need of nutritional food items. COUNCILMAN ORLANDO: So it is open for all hunters to bring their deer here, not just the hunters on town property. For any hunter out there that wants to bring the deer here, they can bring it here and we will bring it to the pantry. COUNCILMAN KRUPSKI: Field dressed. UNIDENTIFIED: Inaudible. COUNCILMAN ORLANDO: I think at the rec center. COUNCILMAN KRUPSKI: It will be field dressed deer, they don't have to butcher them. 2010-759 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attomey Schoolhouse Creek Maintenance Dredging Agreement WHEREAS, the Town of Southold has requested the County of Suffolk to dredge a navigation channel in Schoolhouse Creek, Town of Southold; and WHEREAS, the County of Suffolk proposed to do said dredging of Schoolhouse Creek in the Town of Southold at a nominal cost to the Town of Southold; and September 21, 2010 Page 24 Southold Town Board Meeting Minutes WHEREAS, in order to accomplish said dredging, plans, specifications, agreements and other documents must be executed on behalf of the Town of Southold; and WHEREAS, this approval shall remain in effect for the period of the required permits and any renewals thereof; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute all necessary plans and speeifieations~ surplus material area agreements~ assurances to the Count. of Suffolk, license and/or dredging permit applications to Federal and State Agencies and any and all other documents that may be required to accomplish said dredging work. Vote R~ord - Resolution RES-20t0-7S9 [] Adopted [][] DefeatedAd°pted as Amended Yes/A y e No/Nay Abstain Absent William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-760 CATEGOR~ DEPARTMENT: Employment - Town Accounting Hire PT Mini Bus Driver/HRC RESOLVED that the Town Board of the Town of Southold hereby aoooints Georee Fahrbach to the position of Part Time Mini Bus Driver for the Human Resource Center, effective September 22, 2010, at a rate of $15.66 per hour not to exceed 17.5 hours per week. ~ Vote R~rd * Resolut~ ~S~20i0;760 [] Adopted [] Adopted as Amended Yes/Aye No/Na~ Abstain Absent [] Defeated William Ruland Voter [] [] 0 [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn c~tgpher T~ib~ Vote; ~ FI ~ [] Supervisor's Appt [] Tax Receiver's Appt Albert Kmpski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Seo~ Russell Voter [] [] : [] [] [] Supt Hgwys Appt 2010-761 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk September 21,2010 Southold Town Board Meeting Minutes Page 25 Amend Resolution No. 201 O- 723 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2010-723 adopted on September 7, 2010 as follows: WHEREAS, there has been Pthresented to the Town Board of the Town of Southold, Suffolk County, New York, on the 7 day of September, 2010, a Local Law entitled "A Local Law in relation to Parking on Inlet Road (a/k/a Mill Lane), Szun~'.'~ew A;'en::z, and Mill Road in the area between Route 48 and Goldsmiths Inlet" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public heating on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 5th day of October, 2010 at 7:34 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Parking on Inlet Road (a/k/a Mill Lane), £~',und;".'ew Avennc, and Mill Road in the area between Route 48 and Goldsmiths Inlet" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law in relation to Parking on Inlet Road (aJk/a Mill Lane), Sennflv[cw Avenue, and Mill Road in the area between Route 48 and Goldsmiths Inlet". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. Parking associated with the public's use of Goldsmiths Inlet in the hamlet of Peconic has resulted in conditions that impact the public health, safety and welfare in the surrounding community. These conditions consist of undue congestion, restrictions on access and maneuverability as well as dangerous traffic impacts. Accordingly, it is necessary to impose a range of parking limitations in this area to protect the residents of the Town and restrict the public's ability to block the ordinary flow of traffic and the orderly use of Town facilities by Town residents. Accordingly, amendments to Chapter 189 and 260 are warranted. II. Chapter 189 of the Code of the Town of Southold is hereby amended as follows: § 189-2. Designation of parking areas requiring permits. The following road end areas are hereby designated as Town of Southold "Parking by Soutbold Town Permit Only" areas: (57) Inlet Road (a/k/a Mill Lane), Peconic, along both sides between a private road known as Soundview Avenue and a private road known as Second Avenue. September 21, 2010 Page 26 Southold Town Board Meeting Minutes III. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: § 260-8. Parking prohibited at all times. Name of Street Side Inlet Road (a/k/a Mill Lane) Both Mill Road Both Location At Peconic, from the northerly intersection of a private road known as Miami Avenue and Inlet Road (a/k/a Mill Lane) northerly to the southerly intersection of a private road known as Second Avenue and Inlet Road (a/k/a Mill Lane). At Peconic, between a private road known as Miami Avenue and County Route 48 IV. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ~ V0te Re.rd - Re~Oiufi~n REs-20i0.76i [] Adopted [] Adopted as Amended Yes/Aye N0~N~y Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] F1 [] Withdrawn C~h~ Thi~i V~ter r~ FI FI FI [] Supervisor's Appt [] Tax Receiver's Appt A!be~ ~P~k! Jr: Initial0? [] [] Fl [] [] Rescinded Louisa P. Evans Seconder [] [] : [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt Comments regarding resolution 761 JUSTICE EVANS: Can I make a correction? COUNCILMAN KRUPSKI: Yes. JUSTICE EVANS: I think that why we are rereading this is because Sound View is two words? September 21, 2010 Page 27 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: A private road known as Sound... JUSTICE EVANS: Sound and then separate word View, so we should correct that in the... COUNCILMAN KRUPSKI: So at the last meeting it was noticed as Soundview, as one word. And that was... 2010-762 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney PSAP Agency Agreement/Enhanced 911 Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the PSAP Agency Agreement between the County of Suffolk and the Town of Sonthold in connection with the Enhanced 911 Program, for the period January 1, 2005 through December 31, 2010, at a cost not to exceed $32,000.00 for calendar year 2010, subject to the approval of the Town Attorney. Vote Record - Resolution RE8-2010-762 ,, [] 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 [] [3 [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter gl [] [] [] [] Supt Hgwys Appt 2010-763 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk 2010 Crop Walk on Sunday, October 17, 2010 Fiscal Impact: Total PD cost for event - = $45.66 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Town Methodist and Presbyterian Churches to use the following roads for their Annual Crop Walk in Southold, on Sunday~ October 17~ 2010 from 1:00 PM to 4:00 PM: Wells Avenue, Oaklawn Avenue~ Pine Neck Road, North Road to Bayview Road~ North Bayview Road~ Cedar Drive~ Waterview Drive~ Main Bayview Road, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley immediate following notification of the approval of this resolution to coordinate traffic control. Fees associated with this event shall be waived. Support is for this year only, as the Southold Town Board continues to evaluate the use of town September 21, 2010 Page 28 Southold Town Board Meeting Minutes roads. ~ Vot~R~rd ~ Resoiution RES-20 i~763 [] Adopted I~ Adopted as Amended y~s/Aye I'/0~ Ab~!n ~b~ [] ~f~t~ William Ruled S~ondg ~ ~ ~ ~ ~ Tabl~ Vinc~t Orlando Vo~ ~ ~ ~ ~ ~ With~ ~S~P~ff Ta!~t Initiator ~ ~ ~ ~ ~ Sup~iso~s Appt Alb~ ~pski Jr. Vot~ ~ ~ ~ ~ ~ Tax R~eiv~'s Appt ~uisa P. Eves Vot~ ~ ~ ~ ~ ~ R~c~d~ Vot~ ~ To~ Clgk's Appt Scott R~sell ~ ~ ~ ~ ~ Supt H~s Appt 2010-764 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Deep Hole Creek Maintenance Dredging Agreement WHEREAS, the Town of Southold has requested the County of Suffolk to dredge a navigation channel in Deep Hole Creek, Town of Southold; and WHEREAS, the County of Suffolk proposed to do said dredging of Deep Hole Creek in the Town of Southold at a nominal cost to the Town of Southold; and WHEREAS, in order to accomplish said dredging, plans, specifications, agreements and other documents must be executed on behalf of the Town of Southold; and WHEREAS, this approval shall remain in effect for the period of the required permits and any renewals thereof; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute all necessary plans and specifications~ surplus material area agreements~ assurances to the County of Suffolk, license and/or dredging permit applications to Federal and State Agencies and any and all other documents that may be required to accomplish said dredging work. Vote Re~0rd - Re~oluti0n RES=2010-764 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert IG~pski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-765 September 21, 2010 Page 29 Southold Town Board Meeting Minutes CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney James Creek Maintenance Dredging Agreement WHEREAS, the Town of Southold has requested the County of Suffolk to dredge a navigation channel in James Creek, Town of Southold; and WHEREAS, the County of Suffolk proposed to do said dredging of James Creek in the Town of Southold at a nominal cost to the Town of Southold; and WHEREAS, in order to accomplish said dredging, plans, specifications, agreements and other documents must be executed on behalf of the Town of Southold; and WHEREAS, this approval shall remain in effect for the period of the required permits and any renewals thereof; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute all necessary plans and specifications~ surplus material area agreements~ assurances to the County of Suffolk, license and/or dredging permit applications to Federal and State Agencies and any and all other documents that may be required to accomplish said dredging work. Vote Record ~ Resolution RES-2010-765 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William RuIand Voter I~ [] [] [] [] Tabled Vincent Orlando Initiator [] ' [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albeit Kmpski Jr. Seconder [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Vote- [] [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-766 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attomey Mud Creek Maintenance Dredging Agreement WHEREAS, the Town of Southold has requested the County of Suffolk to dredge a navigation channel in Mud Creek (Entrance to Broadwater Cove), Town of Southold; and WHEREAS, the County of Suffolk proposed to do said dredging of Mud Creek (Entrance to Broadwater Cove) in the Town of Southold at a nominal cost to the Town of Southold; and WHEREAS, in order to accomplish said dredging, plans, specifications, agreements and other documents must be executed on behalf of the Town of Southold; and September 21, 2010 Page 30 Southold Town Board Meeting Minutes WHEREAS, this approval shall remain in effect for the period of the required permits and any renewals thereof; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute all necessary plans and specifications, surplus material area agreements~ assurances to the County of Suffolk, license and/or dredging permit applications to Federal and State Agencies and any and all other documents that may be required to accomplish said dredging work. Vote Re~°rd - Resolution RES-2010-766 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn [] Supervisor's Appt Christopher Talbot Voter gl [] [] [] Albert Krapski Jr. Initiator [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-767 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney West Creek Maintenance Dredging Agreement WHEREAS, the Town of Southold has requested the County of Suffolk to dredge a navigation channel in West Creek, Town of Southold; and WHEREAS, the County of Suffolk proposed to do said dredging of West Creek in the Town of Southold at a nominal cost to the Town of Southold; and WHEREAS, in order to accomplish said dredging, plans, specifications, agreements and other documents must be executed on behalf of the Town of Southold; and WHEREAS, this approval shall remain in effect for the period of the required permits and any renewals thereof; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute all necessary plans and specifications, surplus material area agreements, assurances to the County of Suffolk, license and/or dredging permit applications to Federal and State Agencies and any and all other documents that may be required to accomplish said dredging work. September 21, 2010 Page 31 Southold Town Board Meeting Minutes Vote Record - Re~oluflon RES-2010-767 1~ Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scoti Russell Voter [] ~ [] [] [] [] Supt Hgwys Appt 2010-768 CATEGOR~ DEPARTMEN~ Property Usage Town Clerk Grant Permission to North Fork Audubon to Walk Bittner Property on October 1 O, 2010 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the North Fork Audubon Society to conduct a walk at the Town/County Owned Open Space on the Bittner property on Sunday~ October l0t 2010 provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured. {~ Adopted [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vi~i 6riP'do [] Withdmwn [] Supervisor's Appt Albert Kmpski Jr- Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder I~l [] : [] [] [] Town Clerk's Appt Scott Russell Voter [] [] : O [] [] Supt Hgwys Appt 2010-769 CA TEGOR Y: DEPARTMENT: Budget Modification Accounting Modify 2010 Capital Budget for Time Management Fiscal Impact: Provide additional funding for Time Management System upgrade RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 Capital Fund budget as follows: From: H8540.2.100.100 Stormwater Mitigation 15,000 September 21, 2010 Southold Town Board Meeting Minutes Page 32 To: H1680.2.400.100 Time Management System 15,000 [] Adopted [] Adopted as Amended ~S~Y~ No/Nay Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Vo~er [] [] [] [] [] Withdrawn C~s~0Pher Talb0t : Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Krapski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans SeConder [] [] [] [] [] Town Clerk's Appt Sco~ Russell Voter [] [] [] [] [] Supt H$wys Appt 2010-770 CATEGORY: DEPARTMENT: Public Service Town Clerk Increase Fees Paid to Court Interpreters Fiscal Impact: Amount spent is reimbursed to the Town by the County RESOLVED that the Town Board of the Town of Southold hereby increases the fees paid to Court interpreters from $100 to $150 for a Court day and from $50 to $75 for half or any part thereof of a Court day, effective immediately. ·/Vote Re~0rd ~ Res0iUfi6n RE~20t0~770 [] Adopted [] Adopted as Amended Yes/Aye N0~Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter Albert Kmpski Jr. Seconder E] [] [] [] [] Tax Receivers Appt [] Rescinded Louisa P. Evans Voter I~ [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hl~wys Appt 2010-771 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Amend Resolution No. 2010-632 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2010-632 dated August 10, 2010 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby approves Change Order #1 to the Fishers Island Road and Stormwater Improvement Project Contract with Corazzini Asphalt~ Inc. in the amount of $5~,797.~ $18~750.00, subject to the approval of the Town September 21,2010 Southold Town Board Meeting Minutes Page 33 Engineer and Town Attomey. ~ Vot~ R~ol'fi ~ R*solul~m RES-2010-771 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Initiator [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt H~wys Appt 2010-772 CATEGORY: DEPARTMENT: Employment - Town Town Attomey Memorandum of Agreement W/CSEA RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Memorandum of Agreement between the Town of Southold and the CSEA dated September 21~ 2010, concerning the extension of the CSEA Employee Benefit Fund to retirees, contingent upon execution of the Agreement by the Employee Benefit Fund. [] Adopted [] Adopted as Amended Y~s/AYe N0~aY Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn ChriStopher Talbot Seconder [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt A!b~ ~psk! Jr: ~ter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] El F1 FI [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-773 CATEGOR~ DEPARTMEN~ Employment - Town Town Attorney Memorandum of Agreement W/CSEA RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Memorandum of Agreement between the Town of Southold and the CSEA dated September 21~ 2010, concerning voluntary payroll deductions for CSEA endorsed programs, at no cost to the Town. September 21, 2010 Southold Town Board Meeting Minutes Page 34 [] Adopted [] Adopted as Amended yes/Ay~ No/Nay Abstain Absent [] Defeated ~illiam Ruiand Seconder [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2010-774 CATEGORY: DEPARTMENT: Employment - Town Town Attorney Memorandum of Agreement W/CSEA RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Memorandum of Agreement between the Town of Southold and the CSEA dated September 21~ 2010, concerning the amendment of salary schedules for certain titles, subject to the ratification of the CSEA. Vote Reeord- Resolution RES-2010-774 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albert Krapsk! Jr. Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt Closing Comments Supervisor Russell SUPERVISOR RUSSELL: I am actually going to mention two things before I take public comment. Number one is tomorrow at 3:00 there is a small ceremony, it is the renaming of Dam Pond in the honor of Ruth Oliva. I am asking, along with Legislator Ed Romaine, that anybody who is a friend or supporter of Ruth's to feel free to come on out, that is tomorrow Wednesday September 22 at 3:00 and it will be held right at the Ruth Oliva Preserve at Dam Pond Route 25 in East Marion. COUNCILMAN ORLANDO: Yes, Ruth Oliva was a councilwoman for 8 years and a Zoning Board member for 8 years as well. SUPERVISOR RUSSELL: Secondly, we are going to have another deer forum. We had one a few years ago, it was really quite successful. We are going to have another one 2010 deer management forum, it's going to be Tuesday September 28 at 7:00. Because of what we expect September 21, 2010 Page 35 Southold Town Board Meeting .Minutes to be large attendance, we are holding this forum at the town's recreation center building on Peconic Lane in Peconic. The discussion will be of best practices for (inaudible) management of wildlife in rural areas. We have a panel of representatives from the DEC, Cornell Cooperative Extension, Long Island Farm Bureau, wildlife and tick experts, hunters, local residents and I have invited, myself, I have invited all of the supervisors and mayors of the east end towns and have asked for their participation. Okay, concluding those announcements, would anybody like to come up and address the Town Board? Benja Schwartz BENJA SCHWARTZ: Good evening, Benja Schwartz. I have a new item but first I would just like to briefly, I will reserve that until the end of the comment period but first I would just like to ask if somebody could explain the resolution 737, repair to the bottom of the police boat. Did they run aground? SUPERVISOR RUSSELL: No. That is a need to apply a paint to the second bay constable boat. We have an opportunity to get that done now, so I told the police chief that would be okay. The boats undercoats need to be, bottom paint needs to be applied and it needs to be done by someone who is licensed to do it. MR. SCHWARTZ: Costs that much, huh? Oh, boy. The other item of old business is we still have not heard anything regarding whether or not this town is, has any intention to enforce the laws against animal cruelty. TOWN ATTORNEY FINNEGAN: If you are asking me to respond to your inquiry, I don't think there is any question that the police department has the authority to enforce or to issue violations under the Ag and Market laws, the other statute that you emailed to me, so that is not an issue. I think if you are asking me in this case whether or not under the facts or the incident that you presented, it is my understanding that the police department conducted an investigation and that there was not sufficient evidence to warrant them to issue any type of a violation. So that is where it was left. It is a two-fold question I think you have, is whether or not they have the authority to do so, yes, they do. But based on what I have been advised, they did a preliminary investigation and I think as you know, any'type of an arrest or a violation has to be based on probable cause and they did not have evidence sufficient to issue any violations in this case. MR. SCHWARTZ: I am still waiting for a letter, an answer to the letter which I had wrote to the Southold Town police commission. Am I waiting in vain for that? For an answer? Or am I .... TOWN ATTORNEY FINNEGAN: No,. I thought you were asking here, you just stood up and asked that question so I answered it. MR. SCHWARTZ: Well, can I expect to receive a response, a formal response to that also or, on paper, a letter? TOWN ATTORNEY FINNEGAN: I... September 21, 2010 Page 36 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: I vote that we instruct Martin Finnegan to respond in writing. COUNCILMAN KRUPSKI: Good idea. TOWN ATTORNEY FINNEGAN: Thank you. MR. SCHWARTZ: My own understanding of the law is not just that the police are authorized but the police are mandated... TOWN ATTORNEY FINNEGAN: Yes, if there is evidence and probable cause. Under any law, of course, they are mandated to arrest somebody for murder but they have to have evidence and probably cause to make an arrest, right? I mean, you understand that. MR. SCHWARTZ: Absolutely. TOWN ATTORNEY FINNEGAN: Right. MR. SCHWARTZ: However, in this case, not only was there no investigation but there was an act to refer to the Suffolk County Society for Prevention of Cruelty to Animals supposedly because they agreed to do an investigation. They have not performed any investigation. They have not performed any investigation, nobody has come to even visit the location or contacted any of the witnesses. There has been no investigation and I believe there is very good evidence to point to who is responsible for the killing of these innocent birds that were sitting on their nests. So I would ask that, I will continue to be patient but with an open ended understanding that I was waiting for a response... SUPERVISOR RUSSELL: We will certainly do it. MR. SCHWARTZ: I have no alternative but to continue to return to this forum until I receive that response. COUNCILMAN ORLANDO: But Benja, once again, remember, the guinea hens are missing, they were never found. You don't know what happened to them. You don't know what happened to them. MR. SCHWARTZ: Inaudible. SUPERVISOR RUSSELL: I don't want a discussion on the details this evening. We have instructed town council to respond to you and for this, for the purposes of this Board, the matter will be closed, when he sends you written correspondence. MR. SCHWARTZ: With all due respect, sir, you are the chairman of this meeting and you can tell me that you know, it is over but if I have something to say, I have a right to say it and you know... September 21, 2010 Page 37 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: I wasn't stopping you. I never stop you. MR. SCHWARTZ: When I mentioned the suspected killer's name, Paul Leary, two weeks ago you cautioned me that I could be libel for a slander suit. Well, you know, I can say things that maybe it would not be appropriate for you to say but I think it is very appropriate to make the names of people clear if they are involved in that type of behavior as the proposed Suffolk county law for registering and publicizing the list of convicted animal cruelty offenders supports. In this case, we don't have a conviction but we have some very good evidence and we have a virtually non-existing investigation. The investigation so far has mostly consisted of myself chasing after law enforcement officers and officials who are doing everything they can do to avoid me and a pretty good job of it. It has been several months and it is basic principals of law enforcement that the longer you wait, the harder it becomes to do any kind of a reasonable, decent investigation. So I would actively ask that we move on this and move with all due speed as fast as possible. Thank you. Anne Murray ANNE MURRAY: Anne Murray, East Marion. I just wanted to ask, it has been a long time since there were any public meetings on the comprehensive plan, asking for input. And I keep checking the website, I haven't seen any updates there, so I was just wondering if the Town Board can update people as to when the next public meetings might be, when we can give suggestions .... SUPERVISOR RUSSELL: Absolutely. MS. MURRAY: The next chapter might be out. SUPERVISOR RUSSELL: What we will do is hopefully in the next couple of weeks we will start publicizing more community meetings. We have had an extended absence by our Director of Planning for health reasons and she is driving this ship, she is a key component to that comprehensive master plan but I understand she is back now, so we will look forward to try to try to get something up in the near future but your point is well taken. MS. MURRAY: Great, thank you. And do you know when the economic chapter, is it completed? SUPERVISOR RUSSELL: We had parceled that out to a .... MS. MURRAY: Oh, right. SUPERVISOR RUSSELL: And we have gotten back some pretty, actually, eye opening information. A very good chapter and again, when Heather is up and running at full speed hopefully we can start to be able to discuss the aspects of that chapter. MS. MURRAY: Okay, great because given the economy I think a lot of people in town are anxious to see it and see what might be improved. SUPERVISOR RUSSELL: I agree. I don't think we have a choice. I will tell you that what is September 21, 2010 Page 38 Southold Town Board Meeting Minutes alarming is that hamlet by hamlet evaluation of the economic base of this community appears to be government. Government employment, 22 to 25, 26 in any hamlet you go to. Government in all, whether it is town, county, state, federal, whether it is a school district, that's I think, well, from a larger point of view, I think that is the problem with Long Island's government is fueling itself and we are not really producing anything but for agriculture of value in the community and those are things that we are going to have to tackle particularly with meaningful employment, so that when young people come back, they have reason to stay. MS. MURRAY: I agree. Thank you. And the second thing I wanted to mention was, I am not sure if the entire Town Board is aware or you Scott, are aware of this Connecticut DOT project? SUPERVISOR RUSSELL: Yes. MS. MURRAY: Involving the ferry. I don't know if you discussed it this moming but my question, I realize it is a federal project and you may not have known it was coming but I was just wondering if you have any plans to address this? SUPERVISOR RUSSELL: We actually discussed this, I believe two Board meetings ago and asked the town attorney to contact the counsel for the ferry. Under our current agreement with the ferry, all things are supposed to remain the same. Any proposed changes to any of the ferries, the service, the size etc., needs to come before the judge and we were going to have our counsel reach out to their counsel to make sure that this doesn't compromise the current understanding. COUNCILMAN KRUPSKI: And it seems fanciful that if you are a truck driver going towards New York City that you would stop in New London, take the ferry and then drive through Long Island to get past New York City. COUNCILMAN ORLANDO: Wait an hour to get on the ferry. COUNCILMAN KRUPSKI: It seems unlikely that anyone would ever do that. And yet, they got some award, a grant awarded. MS. MURRAY: Well, you do see a lot of tractor trailer trucks lumbering through East Marion. COUNCILMAN KRUPSKI: But it can't be people who are trying to bypass 95 into Connecticut, it just doesn't make any sense. COUNCILMAN ORLANDO: We think it is a way for them to get their fleet .... MS. MURRAY: Well, they are upgrading obviously. COUNCILMAN ORLANDO: With new equipment. Right. We are thinking they are taking advantage of that to get new drive trains for their .... September 21, 2010 Page 39 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: So you understand, we are well aware of it. Actually the transportation commission has talked about that and we have talked about it at the Town Board level and instructed counsel to reach out to their counsel. Under the current agreement, there is not supposed to be any fundamental change in service, not in ferry capacity or anything. MS. MURRAY: Thank you. And I was wondering what the update on the status of the litigation with Cross Sound, is the town still, is that on hold? SUPERVISOR RUSSELL: We are still engaged in litigation with the Cross Sound ferry. It has been a remarkably slow moving process. MS. MURRAY: How does that affect what your actions might be? SUPERVISOR RUSSELL: That would be something, I can't speak to the legal issues but I think Martin, if you want to address our .... TOWN ATTORNEY FINNEGAN: Well, at this point there is just a stand still agreement between the parties and that is what the Supervisor was alluding to, that if any action is going to be taken where they would increase their capacity, they would have to come back and get site plan approval from the town before that were to happen. MS. MURRAY: Okay. Have you contacted the New York State Department of Transportation about this? SUPERVISOR RUSSELL: I haven't but I have reached out to various groups. There is federal legislation that has been proposed that is encouraging more bigger trucking and I have gotten hold of groups who specialty is to lobby against things like that and I have even met with those representatives here at town hall to make sure that our voice was heard in the new movement of tandem trailers etc. MS. MURRAY: Right. Well, the issue here it seems to be this marine highway corridor basically in general is not a bad idea, to keep trucks away from urban centers, I mean, I have no problem with that but the problem is if they are going to be coming through a rural area like this .... COUNCILMAN KRUPSKI: It doesn't make sense at all, on any level, it makes no sense. MS. MURRAY: In other areas of the country, possibly, I mean it could work with giant ferries and big tractor trucks but it seems like it doesn't make any sense to be here, so I am just wondering why this, the federal government even allocated .... COUNCILMAN ORLANDO: To tractor trailer people and companies, time is money. MS. MURRAY: Right. September 21, 2010 Page 40 Southold Town Board Meeting Minutes COUNCILMAN ORLANDO: To sit on line for an hour and probably pay, I don't know how much, it has got to be $200 or more for a tractor trailer to go on that ferry .... COUNCILMAN KRUPSKI: And then another hour and a half to get here. COUNCILMAN ORLANDO: It just doesn't make any sense, so we think it is an excuse for them to improve their vessels. MS. MURRAY: Okay, well, we appreciate .... COUNCILMAN ORLANDO: Logistically it just doesn't make any sense, if I was a truck driver to do that, as opposed to drive around at 5:00 in the morning and be here in an hour and a half in New York City. SUPERVISOR RUSSELL: You are talking about why they were awarded a grant, you are talking about the same federal government that spent $50 million in upgrades at Plum Island only to start getting ready to sell it, so that .... COUNCILMAN ORLANDO: Case closed. MS. MURRAY: Right. And this was supposed to save I 95 from being repaired but what is it going to do to Route 25? SUPERVISOR RUSSELL: We just don't have the infrastructure to support... COUNCILMAN ORLANDO: I think it was to get new engines for the Cross Sound ferry and .... MS. MURRAY: Well, please keep us updated, we are very anxious about this. Thank you. SUPERVISOR RUSSELL: Okay. Would anybody else like to address the Town Board? Steve Husak, Mattituck STEVE HUSAK: Steve Husak, Mattituck. Hope you all had a nice summer. I spent mine going back to college, ran into a problem though. Couldn't buy a town beach pass this summer. Had to come here 8 to 4 Monday through Friday. I was in Stony Brook 9 to 5 and then I was working in the city for my degree program. Why weren't we selling town beach passes this year at town beach? SUPERVISOR RUSSELL: For several reasons. Security is one of them, a substantial amount of cash had been handled weekends by high school age children at the beaches. Secondly, it was becoming very confrontational because many people would insist on a resident pass and they didn't have the criteria to qualify for one and the browbeating and intimidation of high school students was taking place. We thought it best to simply sell them where we Sell the dump passes which is right through the Town Clerk's office. I believe we made guest passes available through the New Suffolk beach. September 21, 2010 Page 41 Southold Town Board Meeting Minutes MR. HUSAK: Oh, you could buy a guest pass for the day at town beach. SUPERVISOR RUSSELL: Right. Right. MR. HUSAK: They were willing to take $35 for a guest pass for a day but they weren't willing to take the $10. That's a crock. COUNCILMAN ORLANDO: Well, the main problem .... MR. HUSAK: People are working two jobs, going back to school to try to stay employed in this town and we got to put our schedules and be here 8 to 4, then sell them on a website. Get a paypal, buy it on the website. SUPERVISOR RUSSELL: Look, this is the first year, we are trying to get there with that. This is the first year we did this, we recognize it led to some dislocation but as a practical reality, there is no other place to buy a dump sticker and people manage to get it. What we need to do is to get people to change their habits, to buy the beach pass when they get the dump sticker. We don't sell the dump sticker at the dump, we don't sell it at the beaches, we only sell it here. We are trying to change that mindset. We just can't allow that kind of cash, insurance carriers and everybody else doesn't like when you have school age children handling cash without supervision on the weekends at the beaches. It is an unsafe situation. MR. HUSAK: Could have put it out and let people know ahead of time. Ahead of the summer. SUPERVISOR RUSSELL: Well, we conceded that and if you read the Suffolk Times several weeks ago I said right up front, I had proposed that, it was my obligation to do that and I didn't do that. And plan on doing a lot better the next time out. MR. HUSAK: You know, people are used to buying dump passes at Town Hall, people aren't used to buying beach passes there. SUPERVISOR RUSSELL: We understood that. MR. HUSAK: Alright. Why do we need night fishing permit in this town? I have asked this question year in and year out. I pay taxes in this town, if I chose to use my beach at night, why do I have to get a separate pass to use my beach at night? SUPERVISOR RUSSELL: So that we can prevent people from using it at night that shouldn't be using it. it is a regulatory vehicle because the beaches are overused, particularly from out of towners who aren't tax payers in this community, who misuse and abuse the beaches, who camp, who barbecue and who do all the things they shouldn't be doing, in fact, we just talked about that at work session today. So there needs to be a regulatory process so we can extend the courtesy to residents but not to people who just simply come in at night and go fishing on beaches that your taxes are supporting and maintaining. September 21, 2010 Page 42 Southold Town Board Meeting Minutes MR. HUSAK: But ifI got a sticker on my car that says Town of Southold permit holder, why do I need another sticker on my car? Why I do need to have something, I have enough things on my dashboard of my truck. I don't need another thing sitting on the dashboard of my track that I either got to tape down, blow out you know? You are either a resident or you are not a resident. SUPERVISOR RUSSELL: Well, under current code, the beaches are technically closed at sundown unless you are fishing. That would distinguish between the thousands of stickers that are out there for beach use during the day and the few that come in for the night fishing permits at night. I have got to tell you that there is an anglers group that is located in Riverhead and here in Mattituck and they don't have a problem with the stickers. The idea is to have the fishermen give them access to the beaches without giving everybody access all at once. MR. HUSAK: Alright. In reference to that, I think you guys need to look at the times that you have your marine police on duty. I think they need to go to a rotating schedule. 8 to 4 Monday to Friday, that is not when the beaches are being polluted. They need to be out on the beaches fi'om 4:00 to 7:00 or 8:00 at night. They can work 12 to 8's some days. 4:00 is when all the day laborers get off and they all come down and they all leave their messes on the beach. I am on the beach, for the next three months I will be on the beach. SUPERVISOR RUSSELL: We talked today about sitting down with Captain Flatley, Lieutenant Kruszceski and others to develop a formula for trying to address what is absolutely become an issue that is getting out of hand. I will tell you with the bay constables, we only have three. Bay constables do more than just patrol the beaches; wetland permits and all of those things but we only have three to begin with at any given time, they don't work just 8 to 4, they do work overlap schedules. We work in concert with Suffolk County police for inlet harbor patrols, with Greenport but with only three it is difficult to cover a schedule. MR. HUSAK: It seems like they are never on the beach fi.om 4:00 to 7:00 when the day laborers are leaving behind their mess. SUPERVISOR RUSSELL: Those are some of the things we should take up, we are having a meeting next week to discuss a collective approach to solving that problem. COUNCILMAN KRUPSKI: And that the police department will enforce, not just the bay constables. SUPERVISOR RUSSELL: Right. MR. HUSAK: Alright. I see a resolution tonight talking about the parking at Goldsmiths, I have a question. Moore's Lane North in Greenport. Are you all familiar with it? That is a town permit parking area, the local civic association up there took the end of that road, painted a white line down the middle of it, put up pilings, put up no trespassing signs and claimed rights to half of that town owned road. Can somebody go up there and .... September 21, 2010 Page 43 Southold Town Board Meeting .Minutes SUPERVISOR RUSSELL: I have been up there several times. They actually own, as part of the original subdivision for that community, that portion that they claim is theirs is actually owned by them. And in fact, you can confirm with the Assessor's, they pay an annual tax bill on it and that was done as part of that subdivision several years ago. What we own is a portion of it, not the whole thing. MR. HUSAK: How come it is the only road in town that ends, dead ends at a beach that we don't own? SUPERVISOR RUSSELL: Well, we technically we do own a small portion. That is a very good question. Unfortunately, that was a map that was filed in the 1930's, why the town chose to take a road that was bisected by private ownership, I can't speak to that. MR. HUSAK: Because I believe one time talking to some of the older guys that surf fish, that that pavement went all the way down to the waterline. That was part of, back when the town was loaded with pin hook fishermen, which were the commercial rod and reel guys, so they could launch their tin boats. SUPERVISOR RUSSELL: Quite, very possible. MR. HUSAK: The town, basically the town just gave up rights to... SUPERVISOR RUSSELL: WE didn't have the rights. It is quite possible we were paving a road we didn't own or paving a road end. That happened quite often. We plowed and paved many private roads in the old days, that is just not appropriate anymore. But also, it was probably a less active association, you have an association now that is asserting their legitimate rights of ownership on their private beach. It is an amenity that was created by a filed map. I have been out there many, many times on this issue, as an assessor and then as supervisor. Middleton estates I believe was the name or Sunset estates. Yes, as an assessor I was dealing with this issue some time ago. MR. HUSAK: Because we have the same situation in Mattituck, we have a fence going down the beach all the way to the waterline with a sign that says you can't walk on this beach. That's bull. SUPERVISOR RUSSELL: I know what you are talking about and I agree with you on that one. MR. HUSAK: Alright, this is the last thing on my list. The Citgo station in Mattituck. It is becoming a real eyesore. The pumps are falling apart, the weeds are growing high. Thank god they finally got the dumpster out of there before we got rats and mice going. Is there any way to contact the owner of the property and at least get him to maintain it? SUPERVISOR RUSSELL: We have had code enforcement reach out to counsel representing the owner several times to try to bring some measure of orderliness to what is becoming an eyesore, there is no doubt about that. And it is, the success has been virtually non-existent. That September 21,2010 Page 44 Southold Town Board Meeting Minutes is through, going through a site plan, it is very close to completing its site plan process now for renovation. MR. HUSAK: Yeah, now you have got the problem of the pumps exposed. So what is next? Kids going in there and taking the pumps apart... SUPERVISOR RUSSELL: We are aware of it. MR. HUSAK: Alright. Thank you for your time. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any issue? Nancy Sawastynowicz, Cutchogue NANCY SAWASTYNOWICZ: Good evening. I was just curious, what is the town policy on highway improvements? Is it in the budget or how does that get processed through our taxpayers money?. Like, say for instance, on my street, I had mentioned a few weeks ago, this man has built out his property and mined Fleetwood Road and you said that they are responsible. I didn't know that. But now I am just curious, if the highway department approves a town drain for one home, is that in our budget or can the highway department just say I am going to spend all this thousands of dollars on one private lot? SUPERVISOR RUSSELL: It would be at the discretion, we budget money annually to the highway superintendent and it would be at his discretion, along with the town engineer, to determine where drainage should go. MS. SAWASTYNOWICZ: Okay, so is he limited or can he just go crazy? COUNCILMAN KRUPSKI: He has got a million drainage issues in town, the stormwater committee meets on an irregular basis and tries to focus the town's attention on certain drainage areas .... MS. SAWASTYNOWICZ: Which is important. COUNCILMAN KRUPSKI: But every neighborhood has problems but whatever he does, we are grateful for because in the end, in the long mn it is going to make a major impact. COUNCILMAN ORLANDO: And I think we only gave him $50,000 last year for asphalt. We didn't give him much money. MS. SAWASTYNOWICZ: Because I am concerned about the stormwater runoff, that is a very important issue. But I would like to make a point here about what is going on in my neighborhood. May 28, 2009, I went before the ZBA. My neighbor, he is a few houses away, he wanted five variances on 1/3 of an acre. It originally started out like 800 square feet and a pool house and they said what is all that and he said storage but anyway he got it down to a pretty good size pool house, garage, pool, Belgian blocks, cement, brick, iron fence, plastic fence and he is still building. So when i went to the hearing, the lot is the lowest part on our block. It September 21, 2010 Page 45 Southold Town Board Meeting Minutes doesn't flood on the road at all. It is his property because he has got the recharge lot. It was zoned many years and it shouldn't have been built on really but we didn't have zoning, so I spoke at the hearing and I said if more hard surfaces are built on this small lot it will cause more problems. I mentioned the flooding on this lot will end up costing the taxpayers money. The property owner never mentioned the flooding. Now she comes to Mr. Harris with all these pictures of her lot flooded. ! think it is a dishonest way to approach the town to spend money on her lot to put in a drain. I am really annoyed with this. so she goes in with all these pictures and right away he says, oh, okay we will put a drain in. it is taxpayers money for one third of an acre house that is overbuilt. It is not correct, it is not fair, so if there is more of a problem, like you said, throughout the town, this doesn't flood on Fleetsneck, it is a private property. I just can't see spending taxpayer money for her, the whole neighborhood is already showing degraded build out. The lot I am talking about is the recharge of the block. It shouldn't have been built on. And now it has, like I said, one home, one garage with a pool house which we know is going to be somebody living in there, even when I spoke to the highway department, he agreed and so with all this hard surface on this tiny little lot, it is going to cause more runoff and more of a flooding in her property. So at the ZBA hearing, the applicant already said they cut down a few large oak trees and claimed they are not going to cut down anymore. Well, they are still cutting down the trees. Any time I go by there, another huge, old growth oak is cut down. So I just don't feel they are being up and up, they weren't really honest with the ZBA and I was there witnessing it and I just, I hope that the town can at some point address the problem of clear cutting lots. I mean it will help, you know, protect the environment not to cut down every tree and I just, I don't know if anybody in this Board ever thinks about that. Maybe we need to have more protection. Like in England, they don't let you cut down trees, so that is why it looks so gorgeous there, so anyway, I just would like to also, you know .... COUNCILMAN ORLANDO: Nancy, why don't you get a copy of the transcripts from that heating and show them to Mr. Harris? MS. SAWASTYNOWICZ: I told him all of this. He said but the lady's lot floods. I can, I mean, I went there and I said, that lot floods and it didn't seem to enter anybody's mind that that would be a problem. COUNCILMAN TALBOT: There was a house there prior? MS. SAWASTYNOWICZ: Yes, there is a big house on a third of an acre but now there is two big houses but they are calling it a garage/pool house. COUNCILMAN TALBOT: But water always drained over to that property? MS. SAWASTYNOWICZ: It always flooded and I brought that up. COUNCILMAN TALBOT: It is not those people's obligation to be the sump of the neighborhood. You know what I mean? MS. SAWASTYNOWICZ: Ifthey are making... September 21,2010 Page 46 Southold Town Board Meeting .Minutes COUNCILMAN TALBOT: If they built out their property and then it was draining out onto the street, then that would be a different story. They may have an issue where it is draining into the wetlands over there but the town shouldn't have to be, they shouldn't have to be the neighborhood sump. MS. SAWASTYNOWICZ: My point is, they made it worse by all this build out on this property. COUNCILMAN KRUPSKI: They shouldn't have. The drainage code should have picked up all their drainage. They should be responsible for all their drainage. MS. SAWASTYNOWICZ: Well, they are not. COUNCILMAN TALBOT: property. She is talking opposite, that the street is draining onto their MS. SAWASTYNOWICZ: No. SUPERVISOR RUSSELL: The drainage code addresses any on-site drainage capacity to retain it on site but I think what Nancy is referring to is the drainage of the rest of the area onto this persons parcel. COUNCILMAN TALBOT: Yeah. MS. SAWASTYNOWICZ: Well, it is definitely the recharge of the whole neighborhood. It is the lowest point of the lot, it should never been built on. But my point is, why should taxpayers have to pay for one person, when it doesn't flood in the street, it is her problem, it is not the taxpayers problem, that is my point. They bought the house 35 years ago as a summer home and they knew it flooded because she came to Mr. Harris with pictures from 35 years ago. Well, they knew they had a problem. I can't feel sorry for people that go and still build every inch of a third of an acre and then want the taxpayers to pay for drainage. It is not right, it is just not fair. So that is my beef. But then I have another question. You know those little speed machines that are like now in front of the school, Scott? SUPERVISOR RUSSELL: Yes, the smart signs. Smart signs they are called. MS. SAWASTYNOWICZ: How come we didn't use them this summer? SUPERVISOR RUSSELL: We had them all over the community this summer. A lot of side streets. MS. SAWASTYNOWICZ: I drove by five days a week to go to work and I kept looking at that police station and they were sitting on the side of that police station because I went in May and five people on my block called. We wanted it on Pequash Avenue. The weekenders go through September 21, 2010 Page 47 Southold Town Board Meeting Minutes there like 60 mph. And I put it in writing, I went to the police station, I said please we are requesting to have that on Pequash, they put it last summer and it made a big difference. So I just think it wasn't really used that much this summer and we have a lot of speeders, so thank you very much and I still think you should all think about that private drain that the town is paying for, for one third of an acre. COUNCILMAN KRUPSKI: I will go take a look at it. SUPERVISOR RUSSELL: Yes, I will take a look, I will go down there, you raised some good points, I actually, with regard to trees, I am a very avid property rights supporter but a couple of years back we had a gentleman who clear cut his property, leveled it and built a huge house and of course, when we had a very heavy rain that fall, we got his house and his pool got flooded out and he demanded that the town take action to fix it. it was flooding that wouldn't have taken place had left all of the natural shrubbery and growth that was there in place to begin with. And sometimes these problems are self-created but Councilman Talbot is right to the point that whether or not that lot should have been built on, it was built on. We shouldn't ask one homeowner to bear the stormwater runoff for the entire community. I think it is appropriate to mitigate stormwater particularly if it leads to property damage. I understand your point as well, the second building is another issue. MS. SAWASTYNOWICZ: Well, did the town build a drain for that man that clear cut his lot and built a big house? SUPERVISOR RUSSELL: No, as a matter of fact, we didn't. That was, we had about 11 inches of rain in November and the ground was frozen. It is a situation that hasn't happened again even with the spring flooding. It was a very unique situation. MS. SAWASTYNOWICZ: Okay, thank you. Benja Schwartz BENJAMIN SCHWARTZ: Benjamin Schwartz. I appreciate very much your promise to look into this matter. I have been looking into it for the past week and I have a statement I would like to read to you describing what I found. This letter is to object on the record to Southold Town highway departments installation of a storm drain with a frame, slab and grate on the side of Fleetwood Road in Cutchogue. According to highway superintendent Pete Harris, he authorized this project in response to a request by the adjacent property owner. When I questioned the decision, Superintendent Harris repeatedly assured me, there is no funny business involved. No payola here. His defensive reaction started me thinking. I believe that whenever taxpayers money is going to be used to benefit a private property, single private property, that is funny business. The property owner told, Superintendent Harris explained to me that the property owner told him that "the town's water" had been flooding the property since their children were young. The children used to swim in the puddle after the rain. Well, she said when it was just a summer she told Superintendent Harris that when it was a summer home they were willing to live with it but now they have moved onto the property year round, they built a swimming pool and a pool house, doubled the size of the driveway, paved the whole thing, moved the driveway over and paved walkways all over the property, big wide walkways, the flooding is no longer September 21,2010 Page 48 Southold Town Board Meeting Minutes acceptable. Well, I learned about this when the highway crew was in Fleetwood Road preparing to install the drain. The highway crew man I spoke with commented to me, if you build in a hole, you are going to get flooding. The property is the lowest point in the neighborhood. Nobody is asking them to bear the burden for the entire neighborhood but if you buy a property on top of a hill, you have a property on top of a hill. If you buy a property at the bottom of the hill, you have a property at the bottom of the hill. The water does not belong to the town. It comes from the rain. The rain runs off properties up the road, across the road and from the road. The road is not designed and is not constructed to channel water onto that property. What all the other properties along that strip do is put a little berm along the end of their driveway and that diverts the water that is running off the road. But the flooding on that property is natural. A lot of it comes from, probably up from the ground. Superintendent Harris told me this is a routine installation. Similar to projects all over town, nothing special about this. Every property is unique. Well, if this is happening all over town, I am hoping you are putting a capital fund into 2011 budget to cover the cost that the highway department is going to incur on working on all these marginal building lots that may be utilized to create year round homes now. I asked Superintendent Hams about the cost of this project and he didn't answer right away and he slowly started to answer that it would take about oh, $2,000 worth of material and $1,000 worth of labor. Well, based on discussion with the Southold Town engineer and with other town engineers, I believe the real cost is at least double those figures and probably more and that is without consideration of future maintenance costs. Superintendent Harris told me the money would be drawn from the budget for road maintenance. I believe that this would be a change not maintaining the road. The road maintenance funds should not be used to develop a change in the natural topography of an entire neighborhood. This project is in direct conflict with the Southold Town MS 4 program. Superintendent Harris told me the MS 4 program is not his job. Town engineer Jamie Richter told me highway departments are not his job. I believe they, with all due respect, I think they both failed to realize or to recognize that Southold Town is or should be acting as a whole to address municipal separate storm sewer systems. This project has nothing to do with controlling runoff into the estuary, nothing to do with controlling road runoff. This project is also in direct conflict with Southold Town code, chapter 236 which states 'to the maximum extent practicable, vegetation shall be used as a stabilizer and method of filtering and slowing storm water flow from road surfaces' for less money, a road landscaping crew could landscape the shoulders of the entire local waterfront and control not only runoff onto this particular property, this specific private property, but also runoff into the estuary and also road flooding which occurs regularly at the top of Betts Street and the bottom of Fleetwood Road. According to Superintendent Harris, this project is a routine installation, so no plans are required. With all due respect, a project like this I think should be planned. And I would expect the plans to include consideration of alternatives. The town is not responsible to improve private property. This project constitutes a taxpayer contribution to the costs of developing a second one family dwelling and that is in the denial of the application for the five variances which included a 2,000 square foot pool house, when the code only allows 600 square foot considering the size of the property or whatever. While the request for five variances was denied, the Zoning Board of Appeals was it or the Planning Board approved a variance from 633 feet to 750 square foot pool house. But right in their decision they characterized the application as one for two single family homes on one single family lot. It is just over a third of an acre and zoning there is R 40, one acre zone. This, that kind of development should not have been permitted. Absolutely, it should September 21,2010 Page 49 Southold Town Board Meeting Minutes not be subsidized and aggravated by this proposed, this project which this drain will not serve any public purpose of preventing pollution in the estuary, will not prevent flooding of a road. This project will damage the natural process of ground water recharge through the topsoil and so will contribute to the destruction of our precious natural aquifer. This project will also contribute to the destruction of the rural character of Fleets Neck in Southold Town. You know they, these people come out here because they want to live in the country but then they want to turn the country into the city. Well, I want to stay in the country. We need your help. Please do the necessary. This project would already be constructed if the flags marking the location of the Keyspan installed new expanded gas line to the property had not been pulled by someone, probably construction workers hired by the owner, so we have a little time here but very little. Please prevent tax dollars fi.om being used, remember we are talking about possibly $10,000 or $15,000. It could be a good start, you know, something to help in the budget next year, being used in an inappropriate manner. We need to protect our natural and cultural heritage and the only way that can happen is if this Town Board looks into it. So I thank you for your offer to look into it and I hope that you can do it in a timely fashion. Thank you. COUNCILMAN KRUPSKI: Thank you. Supervisor Russell SUPERVISOR RUSSELL: response). Would anybody else like to address the Town Board? (No Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:55 P.M. Southold Town Clerk RESULT: ADOPTED [UNANIMOUSI MOVER: Albert Krupski Jr., Councilman SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell