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HomeMy WebLinkAboutTB-10/19/2010ELIZABETH 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 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. October 19, 2010 4:30 PM A Regular Meeting of the Southold Town Board was Meeting Hall, 53095 Main Road, Southold, NY. PM with the Pledge of Allegiance to the Flag. Call to Order 4:30 PM Meeting called to order on October 19, Southold, NY. L Reports Recreation Department Human Resource Center Board of Trustees g B f App Zonin oard o eals Justice William H. Price Building Department Department of Pubhc Justice Louisa Evans; Town Clerk Special Proje~/~i~?ordifi Budget Plan 4eeting Ha~0~5,~i~,- Route 25, 1. Liquor III. Communi~ti0ns IV. Discussion 1. 9:00 AM - Phillip Beltz - Creation of Community Development Block Grant Reviewing Committee 2. Phillip Beltz - Mobile Town Board Meeting 3. Phillip Beltz - Workplace Violence Prevention 4. 9:30 Phillip Beltz, Tim Caufield, David Gamberg, Karen McLaughlin, Justina Fargiano October 19, 2010 Page 2 Southold Town Board Meeting Minutes 5. 9:45 AM - Betty Neville and Lloyd Reisenberg 6. 10:00 AM - Leslie Weisman 7. 10:15 AM - Vinuie Tirelli 8. LVL, Inc - Lighting Upgrades 9. Request for Carry Over of Vacation Days 10. Proposed Multi-Town Helicopter Noise Advisory Group 11. Local LawfNoise Ordinance ~ Referred to Code Committee 12. Local Law/Tear Down - Referred to Code Committee 13. Deer Fencing Enactment 14. Executive Session- Labor 15. Executive Session - Litigation Strategy Pledge of Allegiance Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance. Thank you. What I would like to do is ask anybody who would like to address the Town Board at this time on any of the issues that appear on the agenda, please feel free to do so before we move forward for action. Jill Doherty, Trustee President JILL DOHERTY, PRESIDENT SOUTHOLD TOWN TRUSTEES: Jill Doherty, president of the Trustees. I sent an email to all of you this morning, I don't know if you got a chance to read it, so I figured I come and let you know what the Board discussed as far as deer fences. We are going to be requesting simple code changes from on 275, basically what we decided was if you meet these requirements of 280, whatever you are going to approve on 280, as the requirements that are currently in 275 regarding fences and you are 10 feet away from a wetland boundary line, you are exempt from coming in to the Trustees for a permit. If you wish to (inaudible) in the wetlands, at that point we would want them to come to us. Because we don't want to see deer fences out in marshlands to creeks, you know. So we want to have some control over that. And I would like to request that if you give that some thought to put into your section, if we have it in the building department section, then that can trigger the building department to say, okay, you are into the wetlands you have to go to the Trustees because we don't want to have the problem of the building department giving the permit and then all of a sudden we go out and give a violation and they say we didn't know we had to go to the Trustees. So if it is uniform in each section, that would just make it easier for everybody. COUNCILMAN KRUPSKI: Just so long as the building department knows how to do the inspections, say yes, 10 feet from the wetlands. MS. DOHERTY: Right. And if they don't, they can say to the Trustees can you go out and .... COUNCILMAN KRUPSKI: Exactly. If they are not sure they can ask your opinion. MS. DOHERTY: We would be glad to go out and look. SUPERVISOR RUSSELL: We had some discussion about whether a permit should even be October 19, 2010 Page 3 Southold Town Board Meeting Minutes required. In the old days in Southold, we did require permits on fences, of course, now we don't. and I know there was some discussion as to whether we should require them or not. The reason we did was precisely for issues like this. They are not traditional fencing, they are large, they are imposing and they are expensive. And I would rather tell an owner in advance that he is locating the fence were it needs to be or where it is allowed to be, not after the fact. They don't get moved as easily as split rail, so that is why we required the permit. We have a resolution tonight to set the fee at a nominal $75 permit fee, that is simply so we can pay for the administrative components of having to process those permits but we certainly let the building department know and I will forward, I know I got your email and forward that to the chief building inspector and I am sure that he will make sure those issues come before you. MS. DOHERTY: Okay, because we are trying to make it easier for the applicants and there is no, since we have that criteria in the code, there is no reason that they should come to us for us to just stamp something and pay another fee when they don't have to. So we will be putting all that in writing and proposing that to the code committee. SUPERVISOR RUSSELL: Okay. Thanks. MS. DOHERTY: Thanks. Supervisor Russell SUPERVISOR RUSSELL: Would anybody else like to come up and address any of the issues as they appear on the agenda? Oh, you know what we will do? We will get the agenda done, we will get those votes out of the way and then what I will do after that is extend the opportunity for anybody to come up and speak to the Town Board on any issue. So let's mow forward with the agenda. Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, October 05, 2010 Vote Record - Acceptance 0f Minutes for October 5, 2010 7:30 PM Yes/Aye No/Nay Abstain Absent William Ruland Voter [] [] [] [] [] Accepted Vincent Orlando Voter [] [] [] [] [] Accepted as Amended Christopher Talbot Voter [] [] [] [] [] Tabled Alber[ Krupski Jr. Second~ ~ F1 [] [] Louisa P. Evans Initiator [] [] [] [] Scott Russell Voter [] [] [] [] V. Resolutions 2010-820 CA TEGOR Y: Audit DEPARTMENT: Town Clerk Approve Audit October 19, 2010 Page 4 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated October 19~ 2010. Vote Record - Resolution RES~2010-820 [] Adopted [] Adopted as Amended [] Defeated , Yes/Aye No/Nay Abstain Absent [] Tabled William Ruiancl Voter [] : [] : [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Tai~i Seconder [] [] [3 [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [21 [] [] Supt Hgwys Appt [] No Action 2010-821 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Next Meeting Set for Thursday, November 4, 2010 ~ 7.'00 PM RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Thursday, November 4, 2010 at the Southold Town Hall, Southold, New York at 7:00 P. M., public hearings on the Town Budget will be held at 4:00 PM and 7:00 PM. Vote Record - Resolution RES-2010-821 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher TMbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] 13 [] Supt Hgwys Appt [] No Action 2010-687 Tabled 8/24/2010 4:30 PM, 9/7/2010 7:30 PM, 9/21/2010 4:30 PM, 10/5/2010 7:30 PM CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation Girards - SEQRA & Elect to Purchase Dev Rights TO BE WITHDRAWN WHEREAS, the Town Board of the Town of Southold held a public heating on the question of the purchase of a development tights easement on a certain parcel of property owned by 6900 October 19, 2010 Page 5 Southold Town Board Meeting Minutes Wickham Avenue, LLC (Girards) on the 24th day of August, 2010, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-107.-10-10.1. The address is 6900 Wickham Avenue. The property is located in the A-C zoning district and is on the southerly side of Wickham Avenue, approximately 963.50 feet from the southwesterly intersection of County Road 48 and Wickham Avenue in Mattituck, New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 8.26± acres (subject to survey) of the 10.1± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the easement will be acquired using Community Preservation Ftmds. The purchase price is $63,000 (sixty-three thousand dollars) per buildable acre for the 8.26± acre easement plus acquisition costs; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; and, WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact October 19, 2010 Page 6 Southold Town Board Meeting Minutes 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. Vote R~rd - Resolution RES-2010-687 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] Fl [] [] Withdrawn Vincent Orlando [] [] [] [] [] Sup~awisor's Appt Christopher TalbOt [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-800 Tabled 10/5/2010 7:30 PM CATEGORY: Bid Acceptance DEPARTMENT: Accounting Accept Proposal for Fuel Management System RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott Russell to execute an agreement with L.A. Fritter and Son Inc. to supply a Fuel Management System in an amount not to exceed $230,000, subject to the approval of the Town Attorney. vote Record - Resolution RES-2010-800 [] Adopted [] Adopted as Pdnended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] Fl [] Fl [] Tax Receiver's Appt ~lbert ~p~ki Jr. Seconder [3 [3 [] Fl [] Rescinded Louisa P. Evans Voter [] D [] [] [] Town Clerk's Appt Scott RusseLl Voter [] Fl [] [] [] Supt Hgwys Appt [] No Action 2010-818 Tabled 10/5/2010 7:30 PM CATEGORY: Enact Local Law DEPARTMENT: Town Clerk October 19, 2010 Page 7 Southold Town Board Meeting Minutes Enact LL #12 Deer Fence WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 7th day of September, 2010, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Deer Fences" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Deer Fences "which reads as follows: LOCAL LAW NO. 12 of 2010 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ Zoning"~ in connection with Deer Fences. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this Local Law is to amend §280-105, "height of fences, walls and berms" to allow for deer fencing in residential and non-residential zones to protect the health, safety and welfare of Town residents, business owners and their property from injury and damage due to the growth of the population of deer within the Town. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-105. Height offences, walls and berms. Fences, walls or berms may be erected and maintained, subject to the following height limitations: A. When located in the front yard of residential zones, the same shall not exceed four feet in height when located in the front yard of nonresidential zones, the same shall not exceed six feet in height. B. When located in or along side and rear yards, the same shall not exceed 6 1/2 feet in height. C. In residential and non-residential zones, except properties/parcels engaged in bona fide a~ricultural production, the installation of a deer exclusion fence may be permitted by obtaining a building permit issued by the Building Inspector, subject to the following criteria: 1. When located in or along side and rear yards, the hei~_.ht of the deer exclusion fence shall not exceed eight feet. 2. Specifications for construction of deer exclusion fences: (i) Fencing Fabric: high-tensile, woven wire fence fabric with graduated opening; October 19, 2010 Page 8 Southold Town Board Meeting Minutes (ii) Spacing Between Posts: 20 feet Deer fencing is prohibited in or along the front yard of any property. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. '/Vote Record ~ Resolution RES~2010418 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Seconder ~ [] : [] [] [] Supecvisor's Appt Christopher Talbo~ Voter ~ [21 ~ [] [] Tax Receiver's Appt Aib~ ~p~ki Jr. i~i~iai~ [~ [3 F1 D [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scoti Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 818 COUNCILMAN TALBOT: I would just like to comment on one thing. I am not a big supporter of this, when the Board, when we discussed it today again and being in light that the fences will only be in the rear and side yards of the rear of the property and hopefully with our continuing deer management program, that we will eventually eliminate this problem and then hopefully people will take these things down once it is not an issue anymore. In light of that, I will vote yes. COUNCILMAN RULAND: I think we all would agree with Councilman Talbot. I think that it is a stop gap measure at best and I think that given the amount of public input into the heatings that we had, I think that it is prudent to do but I also would agree with you, Chris, altogether but only time will tell that. 2010-822 CATEGORY: DEPARTMENT: Property Acquisition Public Hearing Land Preservation PH 11/4/10 ~ 7.'05 PM KKP, LLC Development Rights RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Thursday, November 4~ 2010~ at 7:05 p.m, Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of a development rights easement on properW owned by KKP~ LLC. Said property is identified October 19, 2010 Page 9 Southold Town Board Meeting Minutes as part of SCTM #1000-120.-3-11.9. The address is 750 Sound Avenue in Mattituck. The property is located in the A-C zoning district and is situated on the southerly side of Sound Avenue approximately 409 feet westerly from the intersection of Aldrich Lane & Sound Avenue in Mattituck, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 8± acres (subject to survey) of the 10± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. 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± acre easement plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and aquifer recharge area values. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Vote ReCOrd .Resolution RES-2010-822 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] 13 [] Supervisor's Appt Christopher Talbot Seconder [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-823 cA TEGOR Y: DEPARTMENT: Budget Modification Data Processing FI Video Conferencing Eq Budget Modification Fiscal Impact: FI Video Conferencing Eq Budget Modification. As Per Directives from the Town Board This Budget Modification is to Purchase the Required Equipment Which Will Enable the Town Hall to Have Video ConJkrencing with Fisher's Island. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 budget as follows: From: A.1990.4.100.100 To: Unallocated Contingencies $4000.00 October 19, 2010 Page 10 Southold Town Board Meeting Minutes A. 1680.2.400.450 Workstation/Sever Periph $4000.00 '~ Vote Rec0rd - Resolution RES-2010-823 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] 13 [] Withdrawn Vincent Orlando Voter ~ FI [] F1 [] Supervisor's Appt ~h~s opher T~lb~t initiator ~ [2] 13 FI [] Tax Receiver's Appt A!b~ ~P~k! ~? Voter [] [] [] [] [] Rescinded Louisa P. Evans S~ohder [] FI F1 FI [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-824 CATEGOR~ DEPARTMEN~ Budget Modification Planning Board Modify the 2010 Planning Department Part Town Budget Fiscal Impact: We need to split the Planning Consultant Reimbursement line into two lines to account for the two separate types of consultant work we employ: one for SEQR review, the other for Wireless Facility Application review. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Part Town budget as follows: From: B.2115.30 Planning Fees, SEQR Consultant Reimbursement $70,000 To: B.2115.40 Planning Fees, Wireless Consultant Reimbursement $70,000 Vote Record - Resolution RES-2010-824 El Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] F1 [] [] Supervisor's Appt Christopher Talbot Voter [] [] FI [] Tax Receiver's Appt ~ibert ~p~ki Jr. Voter [] [] Rescinded k°ui~a P. E~an~ Voier [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-825 CA TE G O R Y: DEPARTMENT: Public Service Town Clerk Amend Resolution 2010-813 October 19, 2010 Page 11 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby amends resolution 2010- 813 adopted October 5, 2010 to read as follows: RESOLVED that the Town Board of the Town of Southold, in conjunction with the Town's Deer Management Program, hereby waives entry and tipping fees associated with the disposal of an:.ma! deer carcasses at the Solid Waste Transfer Station Vote Record - Resolution RES-2010-825 [] Adopted [] Adopted as Amended [] Defeated yes/Aye No/Nay Abstain Absent [] Tabled William Ruland V0ier [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] : [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter gl [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-826 C.4 TE GO R Y: DEPARTMENT: Attend Seminar Police Dept Amend Resolution 2010-793 to Grant Permission for Police Officer William Brewer to Attend Seminar in Place of Officer Thomas Hudock RESOLVED that the Town Board of the Town of Southold hereby amends Resolution 2010- 793, adopted at the October 5, 2010 regular meeting, to read as follows: RESOLVED that the Town Board of the Town of Southold hereby grants permission to ~ ~ Police Officer William Brewer to attend the State of New York Juvenile Officers Association Quarterly meeting commencing on Thursday, December 2, 2010 through Friday, December 3, 2010 in Vestal, New York. All expenses for travel are to be a legal charge to the 2010 Juvenile Aid Budget line - A. 3157.4.600.200. Travel is to be by department vehicle. This permission is subject to the approval of the Chief of Police. Vote Re~ord - Re~olutlon RES-2010-826 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] El Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albe~ Krupski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-827 October 19, 2010 Page 12 Southold Town Board Meeting Minutes CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to Oysterponds School to Hold Its Annual Halloween Parade in Orient, on Friday, October 29, 2010 at 2.'00 PM RESOLVED that the Town Board of the Town of Southold hereby grants permission to O.ysterponds School to use the following route for its Annual Halloween Parade in Orient~ on Friday~ October 29~ 2010 at 2:00 PM~ beginning at the school~ marching to Village Lane to Orchard Street to Tabor Road and returning to the school, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees shall be waived. Vote Re~ord - Resolution RES-2010-827 [] Adopted [] Adopted as Pdnended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled william Ruland Voter [] [] [] U [] Withdrawn Vincent Orlando Voter [] [] 13 U [] SupexMsor's Appt Chri~i~pber Talbot SeConder : [] [] U [21 [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] D [] [] Supt Hgwys Appt [] No Action 2010-828 CATEGOR~ DEPARTMENT: Budget Modification Town Clerk Budget Modification - Municity Project Fiscal Impact: Transfer of $25,500. from contingencies to Municity project to cover addition of Village of Greenport installation. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Whole Town budget as follows: From: A.1990.4.100.100 Contingent, C.E, Unallocated Contingencies $25,500. To: A.9901.9.000.100 Transfers to Other Funds Transfer to Capital Fund $25,500. And be it further October 19, 2010 Page 13 S ' outhold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby increases the budget for the following Capital Proiect in the 2010 Capital Fund as follows: Capital Project Name: Municity Software Financing Method: Transfer from General Fund Whole Town Increase Budget: Revenues: H.5031.45 Appropriations: H. 1680.2.400.200 Transfers from Other Funds $25,500. Central Data Processing Equipment & Capital Outlay Municity Software $25,500. vote Record - Resolution RES~2010-828 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled ~illiam Ruland Seconder [] [3 [3 [3 [] Withdrawn ~iocent 0ri~nd~ voter 1~ [3 [3 [3 [] Supervisor's Appt Christopher Talbot Initiator [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] ~ [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [3 [] [] [] Supt Hgwys Appt [] No Action 2010-829 CA TEGOR Y: DEPARTMENT: Budget Modification Police Dept Budget Modification - Police Department Fiscal Impact: To appropriate money for necessary breath analysis equipment that was not originally anticipated for in the budget. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Whole town budget as follows: From: A.3120.2.500.800 To: A.3120.2.500.100 Police Equipment Light Bars $1240 Police Equipment Breath Analysis Equip. $1240 October 19, 2010 Page 14 Southold Town Board Meeting Minutes d ¥0t~ Record ~ R~iutl0n RES-2010-829 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Absta n Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot ~oter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] : F1 [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scoit Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-830 C,4TEGORY: DEP~IRTMENT: Budget Modification Police Dept Budget Modification - Police Department Fiscal Impact: To appropriate money for over expended budget lines for the Bay Constable. Gasoline & Oil expenditures and ?ehicle Maintenance & Repairs were more than anticipated. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Whole Town budget as follows: From: A.3120.2.300.100 To~ A.3130.4.100.200 A.3130.4.400.650 Police Equipment Automobiles $5000 Bay Constable Gasoline & Oil $2000 Bay Constable Vehicle Maint & Repairs $3000 Total $5000 Vote Record; R~01ution RES-2010-830 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn vi~ni Orlando initiai~r [] [] F1 [] [] Supervisor's Appt Christopher Talbot Voter [] FI F1 [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] F1 [] [] Supt Hgwys Appt [] No Action 2010-831 CA TEGOR Y: Budget Modification October 19, 2010 Page 15 Southold Town Board Meeting Minutes DEPARTMENT: Accounting Budget Modification - Accounting Department Fiscal impact: Provide additional appropriation for preparation of the Official Statement relating to 9/2/10 $5.224M BAN, which will save the Town over $1 OK in 2011 Debt Service i RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2010 budget as follows: From: A.9730.7.000.000 To: A.1310.4.500.100 Bond Anticipation Notes BAN Interest $2,800 Accounting, C.E. Bond Counsel/Bonding Fees $2,800 VOte ReCOrd ~ Resolution REs-2010-831 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] r3 [] [] [] Supervisor's Appt ~hrist0pher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Alber~ Krupski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-832 CA TE G O R Y: DEPARTMENT: Budget Modification Accounting Budget Modification Wastewater Disposal District Fiscal Impact: Appropriate funds for Bond Counsel and advisory services for the Wastewater District portion of the 9/2/10 BAN RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 Wastewater Disposal District budget as follows: From: SS1.8130.4.500.200 Engineering $2,800 To: SS1.8130.4.500.100 Bond Counsel $2,800 October 19, 2010 Page 16 Southold Town Board Meeting Minutes '~ vbte Record ~ Resolution RES-20t0-832 [] Adopted [] Adopted as Amended [] Defeated yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn ~in~ent Orlando ~o~er [] [] [] [] [] Supervisor's Appt C~st0~her T~ibot Seconder [] F1 FI [] [] Tax Receiver's Appt Albert Krupsk! Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-833 CATEGORY: DEPARTMENT: Surplus Equipment Public Works Scavenger Waste Plant - Mobile Office Trailer RESOLVED that the Town Board of the Town of Southold hereby declares the following to be surplus: 8" X 32' Mobile Office Trailer Be it further RESOLVED that the Town Board authorizes and directs the Town Clerk to advertise for bids for the surplus Mobile Office Trailer~ located at the Southold Scavenger Waste Plant~ Moores Lane~ Greenport~ NY. vote Record - Resolution RES-2010-833 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Initiator [] FI [] [] [] Tax Receiver's Appt ~!b~ Vd~psk! Jr. Voter [] [3 [] [] [] Rescinded Louisa P. Evans ~ec~d¥ I~ [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-834 Cd TEGOR Y: DEPARTMENT: Employment - Town Accounting Appoint Diane E. Lessard to Full-Time Clerk-Typist RESOLVED that the Town Board of the Town of Southold hereby appoints Diane E. Lessard to the position of full-time Clerk Typist for the Police Department, effective November 3, 2010, at a rate of $33,068.26 per year. October 19, 2010 Page 17 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2010-834 [] Adopted [] Adopted as Amended [] Defeated ~s/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] 13 [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 834 SUPERVISOR RUSSELL: That is not a new position, filling at the police department, we have a total attrition there of three positions, we replaced with two, keeping with the understanding that we are trying to reduce the payroll. That is the only way you are going to affect real savings in town government. But you can't leave the support staff completely blank, so we have replaced three people who have retired last year and this year with two and that would be the second replacement: That is all we envision there. 2010-835 CATEGORY: DEPARTMENT: Attend Seminar Solid Waste Management District Seminar on New E-Waste Law RESOLVED that the Town Board of the Town of Southold hereby grants permission to Solid Waste Coordinator James Bunchuck to attend a seminar sponsored by the New York Chapter of the Solid Waste Ass'n of North America (SWANA) on ilmplementation of New York State's new electronic waste take-back legislation, which takes effect April 1~ 2011~ in Albany, NY on November 3, 2010. All expenses for registration, travel, and lodging (if necessary) to be a legal charge to the 2010 Solid Waste Management District budget (meetings and seminars). Vote Record - Resolution RES-2010-835 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] E1 [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [3 [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P, Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-836 CA TEGOR Y: DEPARTMENT: Committee Resignation Town Clerk October 19, 2010 Page 18 Southold Town Board Meeting Minutes Accept the Resignation of Jeanne Marie Merkel from the Anti-Bias Task Force RESOLVED that the Town Board of the Town of Southold hereby accepts, with regret, the resignation of Jeanne Marie Merkel from the Anti-Bias Task Force, effective immediately. Vote Record - Resolution RES-2010-836 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [3 [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] U Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scoit Russ~li Voter E] [3 [] F1 [] Supt Hgwys Appt [] No Action 2010-838 CATEGOR~ DEPARTMENT: Contracts, Lease & Agreements Town Clerk Authorize Supervisor to Execute Change Order to Municity Contract RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute and authorizes him to sign a change order to the agreement between the Town of Southold and General Code Publishers Corporation in connection with the Municity Contract in the amount of $25,500., all in accordance with the approval of the Town Attorney. Vote Record - Resolution RES-20i0-838 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye N0~Nay Abstain Abs~t [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Vote~ [~ [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter ~ [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-839 CATEGOR~ DEPARTMEN~ Budget Modification Accounting Modify Workers Compensation Budgets Fiscal Impact: Worker's Compensation insurance actual higher than budget estimate due to 207c claims, and to a lesser extent, diminished returns on the investments of the Comp Alliance (the Town's carrier). October 19, 2010 Page 19 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 budget as follows: General Fund Whole Town From: A.9010.8.000.000 NYS Retirement, ERS To: A.9040.8.000.000 Workers Compensation $19,900 $19,900 General Fund Part Town From: B.9010.8.000.000 NYS Retirement, ERS To'. B.9040.8.000.000 Workers Compensation $900 $900 Highway Fund Part Town From: DB.9010.8.000.000 NYS Retirement, ERS To: DB.9040.8.000.000 Workers Compensation $13,400 $13,400 Solid Waste District From: SR.9010.8.000.000 NYS Retirement, ERS $4,900 To: SR.9040.8.000.000 Workers Compensation $4,900 Vote Record - Resolution RES-2010-839 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Initiator [] I~ [] [] [] Tax Receiver's Appt Albert Krapski Jr~ Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott R~sell Voter [] [2 [3 [3 [] Supt Hgwys Appt [] No Action 2010-840 CA TE GO R Y: DEPARTMENT: Misc. Public Hearing Town Attorney Orient Wharf Company CEM Appeal/PH October 19, 2010 Page 20 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby sets December 14, 2010 at 9:00 AM in the Town Meeting Hall, 53095 Main Road~ Southold, New York 11971~ as the time and place for a public hearing on the Coastal Erosion Hazard Board of Review Appeal of Clare and David Air~ Timothy Frost~ and Margaret Minichini in connection with Trustees' Permit #7368C issued to Orient Wharf Company~ dated August 18~ 2010~ relating to the replacement of an existing asphalt vehicle and access paving (an approximate 17' portion) over fill at an existing wooden bulkhead structure with a new timber deck structure located at 2110 Village Lane~ Orient, New York, SCTM #1000-24-2-28.1, and directs the Town Clerk to publish notice of such appeal in The Suffolk Times not less than ten (10) days nor more than thirty (30) days prior to such hearing and to notify the applicant by first class mail. [] Tabled William Ruland Initiator [~ [] [] [] 2010-841 CATEGOR~ DEPARTMEN~ Budget Modification Highway Department Modify the 2010 Highway Fund Part-Town Budget Fiscal Impact: The reason for this budget modification is due to the fact that the above line item had to be increased as there was insufficient funding in the above line item. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 Highway Fund Part-Town budget as follows: From: DB.5130.4.100.500 To: DB.5130.2.300.200 Machinery Contractual Expense Supplies & Materials Parts & Supplies Machinery Equipment & Capital Outlay Motor Vehicles Total $9700.0Q $9700.00 October 19, 2010 Page 21 Southold Town Board Meeting Minutes Heavy Duty Vehicles $9700.00 Total $9700.00 Vote Record - Resolution RES-2010-841 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Na Abstain Absent [] ~'abled 0 rn y r~ r~ William Ruland Voter [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christopher Talbo't Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] : [] [2] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-842 CA TE GO R Y: DEPARTMENT: Employment - Town Accounting Appoint Amy L. Fliss to Public Safety Dispatcher I RESOLVED that the Town Board of the Town of Southold hereby appoints Amy L. Fliss to the position of a Public Safety Dispatcher I for the Southold Town Police Department, effective November 4, 2010, at a rate of $45,055.05 annually. Vote Record - Resolution RES~2010-842 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdiawn Vincent Orlando Seconder [] F1 [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr, Initiator [] [] Fl [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt ~eott RUSsell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-843 CATEGORY: DEPARTMENT: Employment - Town Accounting Appoint William F. Fannon to Public Sa./bty Dispatcher I RESOLVED that the Town Board of the Town of Southold hereby appoints William F. Fannon to the position of a Public Safe .ty Dispatcher I for the Southold Town Police Department, effective November 4, 2010, at a rate of $45,055.05 annually. October 19, 2010 Page 22 Southold Town Board Meeting Minutes Comments regarding resolutions 842 and 843 COUNCILMAN RULAND: Mr. Supervisor, would you like to comment on those two? SUPERVISOR RUSSELL: Yes, those are two vacant positions at the police department. The problem with PSD's, one of the essentials positions in town government, you can't allow a lot of attrition to take place there because then you have overtime. We are required to have at least two PSD's working at all times. That is to replace to people who have left service of the town. 2010-844 CA TEGOR Y: DEPARTMENT: Landfill Misc. Solid Waste Management District Compost Pricing Discount RESOLVED by the Town Board of the Town of Southold that the price of compost sold by the Solid Waste District shall be discounted based on volume sales as follows: · 1000 cubic yds or more: $10/yd · 500- 999 cubic yds: $12/yd · Less than 500 cubic yds: $15/yd (unchanged) · Partially processed compost: $8/yd Vote ReCOrd,- Resolution RES;2010-844 [] Adopted [] Adopted as A~nended [] Defeated Y~s/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn vih~en{ 6~iand0 v~i~ 0 [] ~ [] [] Supervisor's Appt Christopher Talbot Initiator [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr, Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [~ [] [] [] [] Supt Hgwys Appt [] No Action 2010-845 CA TEGOR Y: DEPARTMENT: Close/Use Town Roads Town Clerk October 19, 2010 Page 23 Southold Town Board Meeting Minutes Grant Permission to the $outhold Elementary School to Hold its Halloween Parade in Southold, on Sunday, October 31, 2010 at 1:00 P.~ RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Elementary School to use the following route for its Halloween Parade in Southold~ on Sunday~ October 31~ 2010 at 1:00 P.M.: beginning at the Southold Firehouse, proceed west on Route 25 to Oaklawn Avenue to the elementary school, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees shall be waived. ,r' Vote Re.rd 4 ReSOlution RES;2010-845 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn vio~efi~ orihad0 gec~hder ~ [2 [2] ~ [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter F~ [] E] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [~ [] Supt Hgwys Appt [] No Action 2010-846 CA TEGOR Y: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the Mattituck Lions Club to Hold Its Annual Halloween Parade in Mattituck, on Sunday, October 31, 2010 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Mattituck Lions Club to use the following roads for its Annual Halloween Parade in Mattituck, on Sunday, October 31~ 2010 beginning at 6:00 PM: beginning at the Firehouse, west on Pike Street, Southold on Westphalia Road, east on Old Sound Avenue, north on Love Lane, east on Pike Street to Mattituck High School, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees shall be waived. October 19, 2010 Page 24 Southold Town Board Meeting Minutes ~ vo~e Record - Resolution RES-2010-846 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye Ng~N~y Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] : [2] [] [] Tax Receivers Appt Alber~ Krapsk! Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-847 CA TEGOR Y: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the Cutchogue Fire Department to Hold Its Annual Halloween Children's Parade in Cutchogue, on Sunday, October 31, 2010 Beginning at 5:30 PM RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Cutchogue Fire Department to use the following route for its Annual Halloween Children's Parade in Cutehogue, on Sunday, October 31~ 2010 beginning at 5:30 PM: begin at Cutchogue West School on Depot Lane north to the Main Road, west on Main Road to New Suffolk Road, south on New Suffolk Road to the Cutchogue Firehouse, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees shall be waived. Vote ReCOrd ~ ReSOlution RES~2010-847 [] Adopted [] Adopted as Araended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter ~] [] [] [] [] Withdrawn Vincent Orlando Seconder ~1 [] [] [] [] Supervisor's Appt Christopher Talbot voter ~1 [] [] [] [] Tax Receiveffs Appt Albert Krupski Jr. Initiator ~ [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-848 CA TEGOR Y: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to TWIGS, a Branch of the Eastern Long Island Hospital Auxiliary, to Close Love Lane, Mattituck on Friday Evening, December 3, 2010from 4.'00 PM to Midnight, for Its Second Annual Snow Ball Fiscal Impact: October 19, 2010 Page 25 Southold Town Board Meeting Minutes Total police cost for this event = $289.18 RESOLVED that the Town Board of the Town of Southold hereby grants permission to TWIGS~ a branch of the Eastern Long Island Hospital Auxiliary~ to close Love Lane~ Mattituek on Friday evening~ December 3, 2010 from 4:00 PM to midnighh for its Second Annual Snow Ball., provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured, remit the $100 fee Special Events fee and an additional $289.18 as remuneration for the police and contact Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. · r Yore Record ' ReSOlation RES.2010-848 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Ch~si~b~ Talbot seconder [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] F1 F1 FI [] Rescinded Louisa P. Evans initiai~r [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-849 CATEGORY: DEPARTMENT: Budget Modification Public Works Carpet - Highway Department Offices Fiscal Impact: No impact to the 2010 Budget RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 Building & Grounds Whole Town budget as follows: From: A.1620.4.400.100 Building Maintenance & Repairs $1,800 To: A.1620.2.100.400 Carpet $1,800 Vote Record - Resolution RES-2010-849 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] FI [] [] [] Supervisors Appt Christopher Talbot iniiiht0r [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] F1 F1 [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action October 19, 2010 Page 26 Southold Town Board Meeting Minutes 2010-850 CATEGORY: DEPARTMENT: Organizational Town Clerk Amend Loss Control Program Exec. Safety Committee RESOLVED that the Town Board of the Town of Southold hereby amends resolution 2009-18 to appoint the following members to the Loss Control Program Exec. Safety Committee, as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints Loss Control Program Exec. Safety Committee: Special Projects Coordinator Phillip Beltz, Chairperson Assistant Town Attorney Jennifer Andaloro Solid Waste Coordinator James Bunchuck Chief of Police Carlisle Cochran Superintendent of Highways Peter Harris Town Clerk Elizabeth Neville Human Services Director Karen McLaughlin Department of Public Works James McMahon Town Comptroller John Cushman Councilman William P. Ruland Supervisor Scott A Russell Vote Record - Resolution RES-2010450 [] Adopted 13 Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator El [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher T~ib~t Voter [] [] [] [] [] Tax Receiver's Appt A!b~ Krupski Jr. Voter [] [] : [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott R~eii Voter [] [] El [] [] Supt Hgwys Appt [] No Action 2010-851 CA TE G OR Y: DEPARTMENT: Committee Appointment Town Clerk Create CDBGR Committee RESOLVED that the Town Board of the Town of Southold hereby creates the Community Development Block Grant Reviewing Committee to review funding requests, develop goals and objectives for funding priorities to address community needs and hereby appoints the following October 19, 2010 Page 27 Southold Town Board Meeting Minutes members: Special Projects Coordinator Phillip Beltz Human Services Director Karen McLaughlin Department of Public Works James McMahon Louise Blackburn, RN, Program Director/Clinical Coordinator San Simeon by the Sound Supervisor Scott A Russell Vote Record = Resolution RES-2010-851 [] Adopted ' ' [] Adopted as Amended [] Defeated Yes/Aye No/Nay Absta n Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent ~land~ Initiator [] [3 [] Supervisor's Appt Christopher Talbot Voter [] [3 [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] F1 FI [] Supt Hgwys Appt [] No Action 2010-852 CATEGORY: DEPARTMENT: Support/Non-Support Resolution Town Clerk Letter of Support - Laura Jane Musser Fund RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a letter in support of the Peconic Land Trust's request for funding from the Laura Jane Musser Fund: Rural Initiative Program regarding the grant application by Peconic Land Trust, as Sponsor, working in partnership with the Southold Union Free School District and the Town of Southold Senior Services and Youth Bureau in an effort to develop an intergenerational program to engage senior citizens living in the hamlet of Southold with students of Southold High School to maximize interest and involvement in regional farming as well as enhance nutrition and foster educational opportunities of the region's agricultural heritage, subject to the approval of the Town Attorney. · / vote R~rd - Resolution RES~2010-852 [] Adopted [] Adopted as Panended [] Defeated Yes/Aye No/Nay : Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [2] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans voter [] FI [] Town Clerk's Appt Scott Russell Voter [] [3 FI [] [] Supt Hgwys Appt [] No Action 2010-853 CATEGORY: Litigation October 19, 2010 Page 28 Southold Town Board Meeting Minutes DEPARTMENT: Town Attorney Retains Frank A. Isler, Esq. as Special Counsel in the Supreme Court, Suffolk County Civil Action Entitled "Lewis Edson K ZBA" Under Index No. 10-34358. RESOLVED that the Town Board of the Town of Southold hereby retains Frank A. Islet, Esq. as Special Counsel in the Supreme Courh Suffolk County civil action entitled "Lewis Edson v. ZBA" under Index No. 10-34358. Vote Record: Resolution RES-2010-853 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] V1 [] [] [] Withdrawn Vincent orlando voter [] [] [] [] [] Supervisor's Appt Christopher Talbot seconder ga [] [] [] [] Tax Receiver's Appt Albea Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans h~itiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-854 CATEGORY: DEPARTMENT: Committee Appointment Town Attorney Appoints Joseph Fischetti to the Multi-Town Helicopter Noise Advisory Group as the Town of Southold Representative, Effective Immediately RESOLVED that the Town Board of the Town of Southold hereby appoints Joseph Fischetti to the Multi-Town Helicopter Noise Advisory Group as the Town of Southold representative, effective immediately. Vote Record ~ Re~olution RES~2010-854 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Absta n Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn vincent 0rland~ Voier ga D ~ ~1 [] Supervisor's Appt Chri~i;pher Talbo~ initiat;r ga [3 [3 [3 [] Tax Receiver's Appt Albert Krapski Jr. Voter [] [] [] [] [] Rescinded Louisa Pi Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] E] [] [] Supt Hgwys Appt [] No Action 2010-855 CATEGORY: DEPARTMENT: Enact Local Law Town Attorney Sets the Building Permit Application Fee for an Application to Erect a Deer Exclusion Fence Upon the Enactment of ~280-105(C) at $ 75. O0 October 19, 2010 Page 29 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby sets the building permit application fee for an application to erect a deer exclusion fence upon the enactment of §280-105(C) at $75.00. ~' ¥ote Record - Resolution RES-2010-855 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] : [] [] [] Withdrawn Vincent Orlando Voter [] : [3 [] [] [] Supervisor's Appt Christopher Talb0~ : Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [3 [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott RussellVoter [] Supt Hgwys Appt [] No Action Supervisor Russell SUPERVISOR RUSSELL: That would conclude the agenda. I would invite anybody that would like to address the Town Board on any issue to please feel free. Dave Groeneveld DAVE GROENEVELD: Dave Groeneveld, 710 Harbor Road Cutchogue. Okay? Alright, the winery, it wasn't bad when they played their music for a while there but a week or two ago I mean, they almost drove me out of my mind. They are crazy, it blows fight through my house. I mean, I hope they are going to stop that immediately, yes? SUPERVISOR RUSSELL: Well, we actually, I am scheduling a meeting for the next week or so. We have a working group structured now to start developing some standards on the special events that are taking place. It represents business interests along with winery interests to hopefully resolve some of these issues. I am going to try to get a meeting scheduled for the next week or so to get the ball rolling on that. You know, the problem was trying to get the budget done and also this is the time of year when all the agricultural community, this is the harvest season, this was the busy time. But we are getting past that now, it is time to get to work on that. Also, the noise code that was presented although there is much work left to do with that noise code, it is a general noise code that would apply to wineries as much as any other operation. MR. GROENEVELD: Right, so are they going to stop that, right? I mean, at first, for weeks, many weeks, they played music it didn't bother me one iota but when it comes right through the damn house, I mean, you know. And I am sure you heard it. SUPERVISOR RUSSELL: Yes, well, that is the idea of the noise code, is to set some standards. Allow for some operation but at the same time, make sure that there is a measure that protects people from unreasonable noise, that is intrusive. MR. GROENEVELD: Yeah, I mean, unbelievable how you could even go into a place like that, you would have to have (inaudible) or something. COUNCILMAN ORLANDO: But the noise ordinance wouldn't stop them from playing, it would just lower the volume that they can play at which should be reasonable for you at your October 19, 2010 Page 30 Southold Town Board Meeting Minutes house, hopefully. MR. GROENEVELD: Well, I hope so too. I mean, it never bothered me for months, I presume but the last two or three weeks ago, my god, it will chase you out of the house. And the neighbors, they are going to come after you, too. COUNCILMAN TALBOT: We were at a place last weekend and one of the things came up, it is like to me, if you are at the winery there by your house, you know, you play the music, I have said this before, you play it so the guy in the last row can hear it. Do you have to play it so the guy a half a mile away can hear it? Because there is nothing worse when you are at a club or a restaurant or a dinner or wedding, when you can't even talk to the person sitting next to you because the music is so loud. I think they are doing themselves a disservice by doing that as well and I think that the more it gets discussed that they may lower them a little bit on their own. Hopefully they will MR. GROENEVELD: I know they will because the neighbor is going to kill them. SUPERVISOR RUSSELL: We have a, you have a situation, I know where your house backs up and there is just no protection there so the noise emanates over that vacant farmfield which is just a narrow strip that goes back, that the back of your property butts up to, I can imagine you get no relief if the music is too loud. MR. GROENEVELD: Yeah, I have got quite a bit of trees and bushes around there too, but I have a hedge of bamboo but nothing stops it right through the house. SUPERVISOR RUSSELL: Well, we are buckling down and getting to work on that shortly. MR. GROENEVELD: Okay, thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on any issue? James Spanos, Greenport JAMES SPANOS: Hi, my name is James Spanos from East Marion. I just wanted to, you know, hopefully you can announce Miss Neville, when the next meeting is and the importance of it for the Town Board budget. I am not sure that people at home know about the next meeting and what is going on. JUSTICE EVANS: Are you talking about work sessions or heatings, budget hearings? MR. SPANOS: No, the work session. JUSTICE EVANS: I think there is one tomorrow morning. TOWN CLERK NEVILLE: There are, they are scheduled for tomorrow morning, yes. I think that is the end of them. The town department budget work sessions, is that what you are looking October 19, 2010 Page 31 Southold Town Board Meeting Minutes MR. SPANOS: No, I am saying the next town board meeting .... TOWN CLERK NEVILLE: Oh, okay. Louisa just mentioned that. MR. SPANOS: As far as they are going to address the budget. JUSTICE EVANS: November 4th. There is a budget hearing at 4:00 and a budget heating at 7:00 and we also have a Town Board meeting after the budget hearing. TOWN CLERK NEVILLE: Right. MR. SPANOS: And the Town Board meeting is at 7:00 you said? JUSTICE EVANS: Well, it will start after the budget heatings. MR. SPANOS: So that is like at 7:30? TOWN CLERK NEVILLE: Yes. MR. SPANOS: I mean, I am urging people at home, there was a couple of articles in the Suffolk Times that were pretty serious and I know a lot of people are afraid to come up here and speak about their feelings about the budget. Afraid of maybe something lashing back at them from the town or the building department or stuff like that but I urge people at home to step up and if they have any feelings or if they agree or disagree about the budget, they should come and address the Town. Thank you very much. COUNCILMAN KRUPSKI: You are right. Thank you. SUPERVISOR RUSSELL: Okay. COUNCILMAN TALBOT: 1 hope they do as well. SUPERVISOR RUSSELL: Yes, well we certainly hope we get public input, I have to be honest, I have been elected out here going on my 20th year and the public has never been shy to come up and express opinions to me on issues, particularly for being an Assessor for 15 years, and certainly for the budget. So I certainly hope they feel that they should be invested in that process and they should certainly voice all the concerns and questions they have. I would like to, I am working on a seminar now so I can explain the budget, sort of a dollar by dollar approach to the budget. A public seminar that I am going to be scheduling in the next few weeks, we are working on pie charts now, you know, graphics. Things that, sort of like take all the bureaucratic gobbledygook out of it and boil it down so the public knows what the basic functions of the budget are. I am working with some people from the community that are helping me. Would anybody else like to address the Town Board on any issue? Mr. Wills? October 19, 2010 Page 32 Southold Town Board Meeting Minutes Frank Wills, Mattituck FRANK WILLS: Frank Wills, Mattituck. A matter of safety, the intersection in Mattituck of Love Lane and Pike Street. There are four stop signs, in every direction. The other day I almost got hit by one car that just wouldn't stop and then I stood there and started counting the number of cars that actually came to a stop, that slowed down and two of them never slowed down at all. But only three cars actually came to a stop. All the rest slowed down and then kept going. One of these days, somebody is going to get hit and hurt. Now the one problem that may contribute to this is that the north facing stop sign on Love Lane is very high and maybe if you are in a regular car, you don't really see it. But all the others are visible. So I don't know, station a police car for a couple of days or maybe actually hand out some tickets but it is almost an accident waiting to happen. No one slows down. I am sorry, no one stops, most people slow down and keep going. Thank you. COUNCILMAN ORLANDO: Thank you. SUPERVISOR RUSSELL: Thank you, Mr. Wills. I am going to refer that to the Transportation Commission. Have them review that. Captain Flatley represents the police department, so if there is a need for enforcement that will certainly be where they will be able to discuss that issue and maybe go out and review it, see what they can do to make it a safer intersection there. There are certainly a lot of problems in and around that whole area, there is no doubt about it. COUNCILMAN RULAND: Mr. Supervisor, talking about that intersection, I can't believe that I would even say this being who I am but while you are referring things to the Transportation Commission, I witnessed several people almost run down in the cross walk by people making a U-turn in that intersection because there is a parking spot on the other side of the road. So perhaps we could have them look into no U-mm. COUNCILMAN ORLANDO: Valuable real estate, that parking. COUNCILMAN RULAND: Yes but that is dangerous. When someone strikes out, thinking the car was going straight ahead and they start to walk across the crosswalk and the car makes a U- turn and they are right in the crosswalk, that is a, you know .... SUPERVISOR RUSSELL: I will certainly refer that to the Transportation. Councilman Talbot is our liaison, I am sure he will bring the message to them. COUNCILMAN TALBOT: The next meeting is in November. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? Mr. Blair? Arnold Blair ARNOLD BLAIR: Quite a difference from the last meeting, there wasn't a seat in the house. Arnold Blair from Cutchogue. I sent an email that I presume everyone on the Town Board has received, expressing my views on the deer fencing. I would just like to get some feedback from the town because I have been speaking to some residents in town and almost universally people are in agreement with my position. And my sense is that the Town Board has not really had an October 19, 2010 Page 33 Southold Town Board Meeting Minutes opportunity to air all of these issues to the residents. I mean the law was only proposed several weeks ago. So I would just like to hear some feedback from the Board as to what your thoughts are on the issue. SUPERVISOR RUSSELL: I will start. We actually talked about your concerns, I had forwarded them to the rest of the Board immediately and we talked about your concerns today. But you know, a few weeks ago was when we had the heating. We noticed the law a month before that, in print, in the paper. There was a story on it and there is a lot of public concern. You know, for every person that tells me, yes, you should expand the law, there is five that tell me why are you allowing deer fencing in residential areas? I think the Town Board, I don't want to speak for all mc~nbers but I will say that you know, we are trying to balance out, as I explained two weeks ago, the need to protect residential character and the need to do something in the residential communities. I wish we didn't have to pass a deer fencing allowance in residential areas but we recognize we have to do something. We didn't want to sacrifice the residential character in the process, also I know you emailed me and discussed the ZBA case. I am very familiar with that case and at the time, the ZBA had no law to grant relief from. They now have a law so it might be a new day for that applicant. You know, that was a very small piece of property, surrounded by water, it was a very unique situation. But providing the ZBA now with a code, a deer fencing code, that they can grant relief from is, for someone who thinks the three quarters coverage we are allowing in the code, they want allowance for the front yard, well that is what the ZBA is for. To evaluate all these circumstances. At least they have a code now to grant relief from. MR. BLAIR: You know, your concem for the residential characters of the neighborhoods I can very well appreciate. I mean we all love the feel of the character of all of the neighborhoods here. This is really a health issue more than an appearance issue. This is a health issue. SUPERVISOR RUSSELL: We know. MR. BLAIR: You know, look, you know, I am speaking not necessarily for myself. I reviewed my own fencing. I only have four foot fencing where I have privet hedge because the deer are not going to jump the hedge. The other parts of my property where I have 6 V2 foot fencing, I have reviewed it. because there is dense growth in front, I could probably get away with taking it down to 4 ½ feet, the deer are not going to jump it but I think this is a health issue for the entire town and I think that you are not giving enough weight to that issue. COUNCILMAN RULAND: I am glad that you brought that up because I think that people such as yourself and others that you say have spoken about this should come alongside us in our deer management program and lobbying to amend the environmental conservation law, to address the issues that you have, alright? And one of which is how we hunt, when we hunt and what we can do in a certain window of time. MR. BLAIR: I .... COUNCILMAN RULAND: Just let me finish. October 19, 2010 Page 34 Southold Town Board Meeting Minutes MR. BLAIR: Sure. Sorry. COUNCILMAN RULAND: Anyway you look at it, our elected officials in Albany and it doesn't matter which side of the aisle they come from, have one vote. They share our concern and they have for a long time. They have both said they have proposed solutions that have never gone outside of the environmental conservation committee in Albany because of the lobby from New York City which is anti hunting of any kind. Now we are talking about health issues and if you are familiar with the deer forum that we had and some of the people that spoke, they spoke specifically to the health issues of people that were near and dear to them or themselves, one or the other. And there is, to this point, there has not been and everyone can correct me if I am wrong, a great amount of support from either New York Health Department or the Suffolk County Health Department. They have taken a hands off, pretty much you can't do this, you can't use one solution because it will taint the meat, you can't do this, you can't do that. That doesn't make your problem go away or anybody else who is affected with the problem but when legitimate solutions are proposed and I know Councilman Krupski can attest to this, that the DEC people have resisted us. Only recently are they coming around a little bit to say, well, you know what? You may really have a problem. Well, no kidding. There is a big problem, we all recognize that. But strength is in numbers. The deer strength is in numbers. They are everywhere. They are eating everything and they are providing the sources of public health nuisances that you speak about. But I don't think that short of hundreds of people uniting and saying we have had enough of this, we don't care that people 100 miles aren't concemed about this, they don't live here, we live here. And our way of life and our health and welfare are being affected by the size of the deer herd. Something has to be done. We are only in the first phase of hoping where we can go and that is an expanded hunt. Some people are opposed to it, other people say well, it is something that has to be done. I think that the program, in its, going into its third year, is expanding each year that it goes. I don't think that we are going to get to where we need to go in five or seven years but given the options that we have, if we had more options in the environmental conservation law, I think that we could make better progress. To the point where as we discussed before, that where fences were put they might not be a need for them in the future and we could take them down. But until we get to that point, I think that as the supervisor said, we have to do something. I think also, when he talks about ZBA relief, that is an option but also I think that any code, regardless of what it is, when it is put in place, let's try it and see how it works. If it doesn't work and there is bona fide proof on a scale that means amending the code, I wouldn't be, I would not be averse to doing that but I think that a reasonable approach is what we had proposed and I think that we need more of the general public to come alongside people who are trying hard to make a change and help them. COUNCILMAN ORLANDO: Mr. Blair, just before you arrived we did pass the deer fence ordinance. MR. BLAIR: Oh, you did? COUNCILMAN ORLANDO: We did. So you are allowed to put 8 foot fence in your backyard, so you can encircle your backyard with 8 foot fence and we all did talk about, as we all just said, October 19, 2010 Page 35 Southold Town Board Meeting .Minutes you can go to the ZBA and get a variance for an 8 foot fence in the front yard if you chose to do that. MR. BLAIR: Let me ask you a question, look by the way Mr. Ruland, I agree 100 percent with what you said. Mr. Russell has addressed the Nassau Point property owners association, he has done an excellent job of explaining the difficulties that you as council people face in terms of objections from the DEC and state agencies and I know that he is trying to do the job. I know that he is try/ng to expand the hunt, I know that Mr. Russell's heart is in the same place and we all have the same concerns about the deer. But it isn't going to be solved in a short time as you said. It is going to be, and if the estimate of what was it, 10,000 deer in town is correct then they are going to multiply because they give birth to, have multiple births. It is going to get worse before it gets better. So I agree with you that perhaps there should be a groundswell in Southold Town, Riverhead, Shelter Island, all of the towns to perhaps put pressure on the legislature and the DEC to amend it. Mr. Russell put it right in perspective when he said they are being managed as a protected wildlife when they are, in fact, a nuisance and should be treated as a nuisance. So we are in agreement on that. It is a question of what we do in the meantime. Now, you know, when you say the ZBA, I have never been before the ZBA so I don't know how they operate and the instance that I told you was told to me secondhand so I just inserted it as an example. I think there should be allowances for people that can mitigate the appearance. You know, look, someone in any neighborhood could paint their house the most atrocious color, ruin the residential character of the neighborhood, you are not going to be able to prevent them from doing that. That's, you know, that is someone's right on their own property. You are creating, I think, a situation where you are going to have a lot of unhappy people because they want to protect the health of their families and they are not going to be able to properly do so. You know, again, yes, I happen to live in Nassau Point, it is different than the small acre subdivisions that exist in town but in any type of residential property there has got to be a way to mitigate the appearance if that is a concern. You can't, and you can't put appearances ahead of health. I think that is a misguided principle in this law. I really do. there should be a way, you know, why not amend the law to perhaps allow for, even instruct the ZBA that a proper screening is done for deer fencing in the front yard, that it be given due consideration. Right now there is a law and again, not having experience with the ZBA my concern is that they are going to just interpret the law and there is you know, a very good example. I cleared some property near wetlands on my property. Did it with good intentions because I was replacing invasive species with native species, bayberry high tide bushes and so on and what was there were vines and weeds and pretty invasive stuff. I didn't realize I was doing something wrong, I was ticketed, I paid a fine. The Trustees came down and looked over what I did, they said, look, here is how you can mitigate it. I was already in the process of replanting, they made suggestions for additional plantings, I had already done that on another part of my property. I said fine, I was not looking to argue with them, so I put additional plantings in, they came back, looked at it and said yes that is fine and we will give you the permit. So it is an example where a simple visit by the appropriate town employee to say yes, this meets with what we are looking to achieve, is very doable. You know, you are not going to get thousands of deer fences put up, you are going to start to see some of them, I am sure. But why not create a situation where if someone wants to put higher than a four foot fence and they can do it aesthetically, pleasingly, that there be a guideline for the appropriate board to approve that. I think it is a reasonable and logical compromise. October 19, 2010 Page 36 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: We will take that up in the next work session. We have the legislation that was passed tonight, maybe we need to go back and .... MR. BLAIR: I am asking you to, I understand that and look, I know that your intentions are good, I am not criticizing, I am just expressing concern that I have heard from many people and I think there are ways to get around it. Even on a half acre or one acre lot, if someone were to put proper screening, appropriate trees, it is going to look pretty nice and they are going to be able to achieve what they want if it is important to them to put a fence on their property. COUNCILMAN TALBOT: Mr. Blair, the one thing I had said today about it, in the front yard I wouldn't agree with it at all but somebody like yourself, to have the ability to put a four foot wire fence and then plant privet hedge and once you get 8 and 10 foot privet hedge, the deer aren't going through that anyway and you are getting the same result with a four foot fence and you can do that by code now, you don't have to go to any Board to get that done. MR. BLAIR: True. You know, I was fortunate, I had old privet hedges that had been there for years. Privet needs certain light conditions to grow... COUNCILMAN TALBOT: Sure. MR. BLAIR: It is a shaded area, they are not going to grow very well. You happen to be right but it is a long process and not suitable for every condition. I think the more appropriate solution would be, without specifying privet hedge, just say appropriate screening. You know, someone can screen off the fencing so that it doesn't offend the character of the neighborhood. By looking at fenced in properties, I think is a very reasonable amendment to the law that I would ask you to consider. Supervisor Russell SUPERVISOR RUSSELL: We will have that on for discussion in two weeks. Thank you, Mr. Blair. Would anyone else like to come up and address the Town Board on any issue? (No response). Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:26 P.M. Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell October 19, 2010 Page 37 Southold Town Board Meeting Minutes