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HomeMy WebLinkAboutTB-11/16/2010ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES November 16, 2010 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, November 16, 2010 at the Peconic Landing, 53095 Main Road, Greenport, NY. Supervisor Russell opened the meeting at 4:30 PM with the Pledge of Allegiance to the Flag. Call to Order 4:30 PM Meeting called to order on November 16, 2010 at Peconic Landing, Main Road, Greenport, NY. I. Reports 1. H2M Landfill Gas Monitoring Well Monitoring Program 2. North Fork Animal Welfare League Financial Statement 3. Program for the Disabled 4. Human Resource Center 5. Board of Trustees 6. Building Dept. 7. Judge Bruer Monthly Report 8. Special Projects Coordinator 9. Justice Louisa P. Evans 10. Zoning Board of Appeals II. Public Notices NYS Liquor License Renewals III. Communications IV. Discussion 1. 9:00 A. M. - Leslie Weisman, Jerry Geohringer 2. 9:15 A. M. - Phillip Beltz, Jim Bunchuck, Jeff Standish, Southold Superintendent David Gamberg, Southold Student Anne Davey 3. 9:45 A. M. - Phillip Beltz, Heather Lanza, Mark Terry, Karen McLaughlin 4. 10:30 A. M. - Mark Terry November 16, 2010 Page 2 Southold Town Board Meeting Minutes 5. Empty 6. 11:15 A. M. - Phillip Beltz 7. EDesign Dynamics 8. Request from S.C. Police Department for Channel 22 Use 9. Budget Wrap-Up 10. 2:00 P. M. - EXECUTIVE SESSION - Melissa Spiro, Land Preservation 11. Executive Session - Labor 12. EXECUTIVE SESSION- Litigation V. Resolutions Opening Statements SUPERVISOR RUSSELL: Can I ask everybody to please rise for the Pledge of Allegiance to the Flag? Thank you. Before I invite people to come up and address the Town Board I just want to take a moment to thank Peconic Landing, you have been a very gracious host to this Town Board. We have had a wonderful experience here today. Thank you so much. I would ask that anybody that would like to address the Town Board on any issue that appears on the agenda, please feel free to come on up now. BENJA SCHWARTZ: Good evening. Inaudible. I understand the budget will be voted on today? Since that is one of the agenda items. I was here this morning and I just, for what it is worth, my two cents are (inaudible) I understand you made the decision to take the raises for the elected and appointed officials out of the budget but then added some other expenses to allocate their money so that the taxes would say the same. I don't know if those expenses are really worth it or not. I would rather have had the taxes go down a little bit (inaudible). SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any of the agenda items? JAMES SPANOS: Hi, I am James Spanos, I am from East Marion. Wonderful change here at Peconic Landing. 1 think the air is a little cleaner in here. I was just wondering, I am not sure if brush pickup was addressed in the agenda, as well as the outcome of it. And how or if it hadn't been addressed for this budget, can we get a promise for next year to reinstate the brush pickup because I think it is necessary. If you look around the town you see people putting out brush anyway and it is looking kind of ugly. So maybe you can elaborate? SUPERVISOR RUSSELL: We addressed the of brush two weeks ago at Town Board work session with the highway superintendent who doesn't have the equipment or the manpower to continue the brush cleanup. I can't sit here tonight and make a commitment for next year. Every year is a new budget, that is an issue we will have to take up when I undertake the budget which will be sometime next August. That is an issue I will take up with the highway superintendent. MR. SPANOS: Fair enough. Maybe you can also, maybe you can have some part-time work. If you don't have the manpower for a full-time employee, maybe you can put out an article in the paper to have part-time employees during that you know, period when it gets about time. There November 16, 2010 Page 3 Southold Town Board Meeting Minutes is a lot of people that are unemployed and times are hard, I am sure you would get hundreds of you know, people responding to that. But maybe you can, with a part-time employee coming out for those, that time of the year, it would be more inexpensive for the town. SUPERVISOR RUSSELL: Well, that is a, absent the fact that we still need to acquire more equipment, the highway superintendent has just one pay loader and in order to effectively execute the clean up, you need at least two. But let me point out, we still pick up brush in the spring. We haven't eliminated that as a service, we just simply eliminated the fall brush clean up. But again, those issues can come up in a new budget in a new year and certainly the part- time approach you suggested is a good point, something we will talk about. MR. SPANOS: Great. Thank you. COUNCILMAN TALBOT: Jim, one of the other things is that the landfill will be accepting free brush until the end of the year. SUPERVISOR RUSSELL: That is right. COUNCILMAN TALBOT: And hopefully if anyone does need brush cleanup, we spoke about this at the meeting, that they utilize some of the local contractors around town to spread some of the wealth to those guys as well. There is plenty of guys around here, that as you said, need the work and hopefully some of the residents here in town will use some of the landscapers heading into the winter season. MR. SPANOS: Inaudible. There was last month, we didn't have a big response of people coming to the meeting to address these issues and I have a facebook group called nolo wine country and people message me with anonymous complaints and say, hey, what is the (inaudible) up there. Thank you. We are scared to go out there and address the town, they don't want, you know, they are afraid of being harassed, they are afraid of what the repercussions would be and that is why you didn't have a big turnout last month. You know, you might get, I know you have gotten a lot of calls about the brush pickup and there still wasn't a response to it but hopefully there will be. But you don't see people are here doesn't mean they are not upset about what is going on and I am sure everybody appreciates the forthcomings or the conclusion taking away the increases for the raises, I wasn't against that, I am more, I wasn't against the increases but now we are told is the Board realizing that the private sector needs to flourish and if there isn't a lot of obstacles between the town and the private sector, then people if they are making money, the wine from the wineries to the gas stations or anything else, then they would be more than willing to pay. But we need your help. That is about it. Thank you. COUNCILMAN ORLANDO: Jim, I beg to differ that the public is afraid to come talk to us. We have packed out town hall many times when there was an issue in town. People seem not to be afraid to come talk to us about noise ordinance or Orient water main or any of those things or deer management program. The place was packed out. So I don't know if people are actually afraid to come to us because we have had many people come here not always in a positive manner, trying to address issues in town. November 16, 2010 Page 4 Southold Town Board Meeting Minutes MR. SPANOS: Those are non issues though. Those are issues that are very (inaudible) and they are coming forward but coming up here and addressing raise increases or stuff of that matter and taking away of monies that are coming to your families is an issue that, you know, hits home. I am not against it. I thought those increases were fair. I checked all over Long Island and the pay that this Board is getting, I don't know about the highway superintendent, but the pay that this Board is getting is undervalue. So but I have received complaints about that, when it comes to serious issues, they are scared. I mean, the deer fence or noise ordinance, sure you are going to get groups coming out of East Marion and they are going to be standing up and cheering and all that. But stuff like taking money away, it is personal. That is about it. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? JAY MCKASTY: Hi, I am Jay McKasty from Orient. I was talking to Mr. Sidor, can you just tell me who you are? I don't even know who you are Mr. Sidor? COUNCILMAN ORLANDO: He is on the Planning Board. MS. MCKASTY: Then I don't know who he is, right. I just wanted to tell you one thing. When I talked to Mr. Sidor, I was talking to him about what do health insurance plans cost, okay? Inaudible. I don't know if you both know that a family plan is worth to you $13,600 a year and an individual plan which my husband pays for me since I am not on Medicare, is $7,600 a year. Now I doubt that anybody in this room gets a $13,600 a year increase in their salary unless they are a CEO or a CFO of a corporation or a foundation. In the mail last week, my husband got a notice from my insurance carrier that since the Obama health care plan has gone into effect, my $7,600 yearly health insurance premium is going to go up 25% as of January 1, 2011. So you take your $13,600 family plan for (inaudible) and think about what that plan is really worth to you, in unpaid but paid by taxpayers, salary. And the gentleman that just spoke I don't know but I will agree 100 % with him. When it comes down to nitty gritty issues, people are afraid to talk to you, afraid to come out. Because now we are at the point of government where that are independent people, not working for government in any way, shape or form are not enough to pull the cart (inaudible) there are too many people that are in that cart now with some kind of government social work so the cart is not balanced. And that is why people are afraid to come and talk to you. Because now you are hearing from folks that are taking a stand but don't have relatives in this town working for any other government (inaudible) and that is my point and I hope you get it. So I am sorry but I must say you need to think about your salary (inaudible). Thank you very much. SUPERVISOR RUSSELL: Thank you very much. Let me just clarify, the Town Board has already made a decision to remove all scheduled pay increases for the increasing budget. Also, this is a Town Board, and I mean for the elected officials. We have contractual obligations for the workers, they are covered under collective bargaining agreements, those aren't negotiable. But no elected official will be getting a raise this year. I also point out that we haven't taken raises regularly. This would be going into my sixth year of service and I haven't taken a raise. We understand, we are very fortunate. We are the Board that took a hard stand to try to get the unions to understand that they need to start contributing to their medical coverage. The pension November 16, 2010 Page 5 Southold Town Board Meeting Minutes is another issue which I have raised in my budget statement. It is a very costly state pension system and the notion that workers do not have to pay into their pension system is objectionable and I agree with that. We don't have the authority at the local level to change the state run pension system. But we certainly do appreciate everything we have here, we appreciate the salary that we get and the benefits that are attended to that. I can assure you of that. But I do thank you. COUNCILMAN RULAND: Scott, I would just like to further comment to Mrs. McKasty, while she had me confused with Mr. Sidor from the Planning Board, I in fact am the person that you spoke with in the Supervisor's office that day. And the only thing that I would like to say is that everything that you said, I can't disagree with the only thing I would say is perhaps not all of us participate in the health plan. I for one do not. I am fortunate enough that I have health coverage from another venue but I also recognize the value of it and I think that the Town Board recognizes the value ofhealth insurance across the entire employee spectrum. We have and are working diligently to address parity amongst employees for the benefit of the taxpayers because there seems to be an imbalance in that area and it is easily said that this is something that is not going to happen overnight, these am negotiable points that take a great amount of difficulty to achieve the goal that you are looking for and in every case, there has to be give and take. Without belaboring the situation, what the Supervisor alluded to, in order to address the issue of health insurance with our civil service staff, through a negotiated agreement we had to extend the labor agreement by two years in order to obtain a contribution to our health insurance and a freeze in wages last year. For me, it is a big item because health insurance is a big item, it is not going to go down it is only going to go up, so to negotiate a 5% contribution for across the board for everyone is a big item for me and I was willing rather than lay off families and people in the town, I was willing to extend the labor contract two years. There are reasons that provisions in the contract should be changed and 1 think that if I am fortunate enough to be here when the final contract is agreed upon, I think there will be change because change needs to be made. I don't think it has to be draconian but I think if you set a goal, you work towards that goal and stick to it and I think that and I haven't discussed that with any of my colleagues but I think I know them well enough to know that this group works very well together to fix on a common goal to get the job done. Can I promise you it will happen tomorrow? No, because I don't think it will happen tomorrow but I think that as a point of interest, we are at an impasse in our talks with the police union and the major sticking issue is health insurance and we have decided to take this as far as it will go because we believe that strongly and for parity's sake, one union has agreed we are willing to do this and it should be no less or no more for the other. This is something that is extremely difficult to obtain but I don't think that is going to contract from our want to do it. And ifI spoke too long Mr. Supervisor, I am sorry. MR. SCHWARTZ: When does the current CSEA (inaudible)? COUNCILMAN RULAND: It expires at the end of 2012. COUNCILMAN KRUPSKI: Just to address some of the other comments about people being fearful about coming up and addressing the Board about any serious issues, a lot of people come up to me, not at an official forum, but people that I see and they have no problem asking me any November 16, 2010 Page 6 Southold Town Board Meeting Minutes kind of difficult question about how the town spends money nor should they. Since it is, after all, their money. And a lot of people did ask me about the brash cleanup and we had a long discussion with the highway superintendent, who came in on his own time last meeting, and explained to us that he lost 7 men this year that he didn't replace, we lost two or three men the previous year that the town didn't replace and so the cost of the brush cleanup seems to be 10 men for basically 30 years. Because when you hire someone to do the brush pickup, you hire them for the whole year. So it is a long term expense and this Board has in the past two years, has really looked at every department in town and how every department functions by itself and how it functions in town as a whole with the other departments and so you look at the whole work force altogether. It is a big money issue and it affects services and it effects taxes. So we have looked at it and it was not a decision that we made lightly. UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: I agree but let me just say something, this Town Board has also scheduled and has had several hamlet based meetings. They are basement meetings in usually the library, those are meetings that, because this Board knows it is not to come and address this Board at such a formal setting. We are taking it out there, we are going to the hamlet meetings, we are doing that. We will schedule some more in the near future because we want that candor, we want that forthrightness. I get it when I am shopping, I get it when I am going to pick up the pizza but I understand the people that are coming up to me have known me for years and I understand they are comfortable doing that. The idea is to let the people that don't know me so well know that they should feel comfortable. But I appreciate your comments. UNIDENTIFIED: Inaudible. For example, the current Board meeting, I believe is the first mobile Board meeting. I did attend the town father's meeting as they call it, on Fishers Island last year and that is kind of a precedent I think for a Board meeting to occur out of Town Hall but other than that (inaudible) COUNCILMAN KRUPSKI: In 1684, Town Hall had a leak in the roof and they had to hold the meeting next door in the garage. MR. SCHWARTZ: So I would like to compliment the Board and Peconic Landing and just recognize the unique, vital contribution that Peconic Landing has contributed to Southold Town by renovation of Brecknock Hall where we met this morning, (inaudible) events and programs there and here in this auditorium. Many of the events and programs (inaudible) I hope this will be the first of many mobile Town Board meetings and I hope you are working on the schedule so that at the organizational meeting in early January we can put those meetings right on the schedule. In Mattituck High School, maybe Laurel Lake vineyard might be willing to host one in the western end of the town. I think it is really important to get out of our normal comfort zone and put ourselves in a different perspective. I have some (inaudible). SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on the agenda? HUGH SWITZER: Hugh Switzer from Peconic, representing Group to Save Goldsmiths Inlet. 1 November 16, 2010 Page 7 Southold Town Board Meeting Minutes would like to speak briefly on item 914, that is the (inaudible) to how we dj'edge Goldsmiths inlet. I would like to acknowledge you all for looking into this and for supporting us in doing something different and better than has been done in the past three or four years. We expect better results in the future (inaudible). So I just want to acknowledge you for this and support you, give you our complete support in this effort. I also want to speak about the pay raises but it has taking a lot of time already (inaudible) I will address that (inaudible) I just want to say that I understand why you made that decision but I think it is unfortunate. I think you deserve at least (inaudible). I will put that in written form. Thank you very much. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the agenda? BENJA SCHWARTZ: You realize there are two different figures in the resolution you just spoke about? TOWN ATTORNEY FINNEGAN: Linda corrected it. SUPERVISOR RUSSELL: No other comment on the agenda? INAUDIBLE: What is the status on the noise ordinance and the Cross Island ferry desiring more land? I lost my information on that, if you could bring us up to date that would be helpful. SUPERVISOR RUSSELL: The noise, I do want to get the agenda done first. Can you, can I ask you to just indulge us to get the agenda finished and then we can go to the public comment and we talk about all those mutual issues that we have. Okay? 2010-900 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated November 16~ 2010. Vote Record - Resolution RES-2010-900 [] Adopted ~ Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] {3 [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Seconder [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr Voter [~ [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-901 CATEGORY: Set Meeting November 16, 2010 Page 8 Southold Town Board Meeting Minutes DEPARTMENT: Town Clerk Set Next Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, November 30, 2010 at the Southold Town Hall, Southold, New York at 7:30 P. M.. vote Record - Resolution RESt2010-901 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled Wiiham Ruiand Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Seconder ~ [] [] [] [3 Tax Receiver's Appt Albe~t Kmpsk! J[. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] : [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-902 CATEGORY: DEPARTMENT: Budget Modification Solid Waste Management District Grinder Engine Rebuild Pmt. Fiscal Impact: Pending reimbursement from Insurance Recoveries, as suggested by Comptroller. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 Solid Waste Management District bud~let as follows: From: NYS Retirement Benefits (SR 9010.8.000.000) MSW Removal (SR 8160.4.400.805) To: CBI Grinder Contracted Repairs (SR 8160.4.400.665) $13,723 $ 13,777 $27,500 Vote Record - Resolution RES-2010-902 [] Adopted [] Adopted as Pdnended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Ta!bot Voter [] [] [] [] [] 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 November 16, 2010 Page 9 Southold Town Board Meeting Minutes 2010-894 Tabled 11/4/2010 7:00 PM CA TE GORY: Grants DEPARTMENT: Public Works Accept Bid Laurel Lake Demolition & Debris Removal Fiscal Impact: This project is funded in full by a grant from the iVYS Office of Parks, Recreation and Historic Preservation. TO BE WITHDRAWN RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Dirtworks (Scott Corwin} to remove a dock~ concrete block building and a concrete block foundation~ at the Laurel Lake Preserve in the amount of $8,350. Vote Record. Resolution RES-2010-894 [] Adopted [] Adopted as Amended [] Defeated Yes,Ay~ Np~Na~ Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt christ~phel~ T~ibot Voter [] [] [] [] [] Tax Receiver's Appt [] RescMded Albert Krupski Jr. Seconder [] [] [] [] [] Town Clerk's Appt Louisa P, Evans Voter [] [] [] [] [] Supt Hgwys Appt Scott Russell Initiator [] [] [2] [] [] No Action Next: Nov 30, 2010 7:30 PM 2010-895 Tabled ll/4/2010 7:00 PM CATEGORY: Grants DEPARTMENT: Public Works Contract Laurel Lake Demolition & Debris Removal Fiscal Impact: This project is funded in full by a grant./bom iVYS Parks, Recreation and Historic Preservation for improvements to the Laurel Lake Preserve TO BE WITHDRAWN RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement with Dirtworks~ Inc. (Scott Corwin) in connection the removal of a dock, concrete block building and concrete block foundation, in the amount of $8,350, as per the Request for Proposals dated October 5, 2010, all in accordance with the approval of the Town Attorney. November 16, 2010 Page 10 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2010-895 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye : No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Christopher Talbot Voter [] [] [] [] [] Rescinded Albert Krupski Jr. Initiator [] [] [] [] [] Town Clerk's Appt Louisa P. Evans Seconder [] [] [] [] [] Supt Hgwys Appt Scott Russell Voter [] Iq [] [] No Action Next: Nov 30, 2010 7:30 PM 2010-903 CA TE GO R Y: DEPARTMENT: Committee Appointment Town Clerk Amend Resolution 2010-678 Adopted August 24, 2010 to Include Chairman of the Zoning Board of Appeals to the Special Events Task Force RESOLVED that the Town Board of the Town of Southold hereby amends Resolution 2010- 678 adopted August 24, 2010 to include Chairman of the Zoning Board of Appeals to the Special Events Task Force as follows: RESOLVED that the Town Board of the Town of Southold hereby establishes the Special Events Task Force to make recommendations to the Town Board regarding legislation involving special events and food service at wineries. The Task Force will consist of the following members to be designated by the Town Board to serve through December 31, 2010: Two Members of the Town Board One Member from the Town Attorney's Office Chairman of the Zoning Board of AppeaLs Two Representatives from the Long Island Wine Council Two Representatives from the Local Business Community One Representative from the Agricultural Community Two Members at Large Vote Record ~ Resolution RES-2010-903 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] labled Williatn Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] 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 Vote~ [] [] [] [] [] Supt Hgwys Appt [] No Actiou 2010-904 November I6, 2010 Page 11 Southold Town Board Meeting Minutes CA TEGOR Y: DEPARTMENT: Budget Modification Assessors 2010 Budget Mod - Assessors Fiscal Impact: This budget modification is to cover our legal expenses for certiorari cases.. RESOLVED that the Town Board of the Town of Southold hereby modifies the Whole Town, General Fund 2010 budget as follows: To: A1355.4.500.100 From: A1355.4.500.400 A1355.4.500.200 Board of Assessors Fee for Service Legal Counsel $1500.00 Board of Assessors Fee for Service BOAR Stenographer $600.00 Board of Assessors Fee for Service Appraisals $900.00 Vote Record - Resolution RES-2010-904 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/NaY Abstain Absent [] Tabled William Ruland Voter [] [] D [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Initiator [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans seconder [] El El [] [] Town Clerk's Appt Scott Russell Seconder [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-905 CATEGORY: DEPARTMENT: Budget Modification Justice Court Modify the General Fund Whole Town Justice Department 2010 Budget Fiscal Impact: The amount received exceeded what was budgeted to pay for their services which is a percentage of the amount collected by the Town for the Parking violations. RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town Justice Department 2010 budget as follows: To: November 16, 2010 Page 12 Southold Town Board Meeting Minutes Revenues A.2610.00 Tol Appropriations A.1110.4.400.500 Fines & Forfeitures of Bail NYS Audit & Control $18,000.00 Justices, C.E., Contracted Svcs Parking Ticket Servicing $18,000.00 Vote Record - Resolution RES-2010-905 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn ¢in~nt 0dand0 Seconder El [] [] [] [] Supervisor's Appt ChristoPher Ta!bpt Voter [] [] [] [2] [] 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 2010-906 CATEGORY: DEPARTMENT: Bid Acceptance Police Dept Accept DWI Seizure Vehicle- Police Department RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to accept a 2006 Ford~ VIN # 1ZVHT82H565258969~ obtained from a DWI seizure and turned over by the owner, to the Town of Southold for Law Enforcement use only. Vote Record - Resolution RES-2010-906 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] SupetMsor's Appt Christopher Talbot Voter [] [] [] [2] [] Tax Receiver's Appt Xibe~ ~rup~ki J~ Se~o~~ [3 [3 [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-907 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Payment Processing Service Agreement Between the Town of Southold and Value Payment Systems, LLC and Related Submitter Merchant Payment Processing Agreement Between the Town of Southold and RBS WorldPay, Inc. November 16, 2010 Page 13 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Payment Processing Service Agreement between the Town of Southold and Value Payment Systems~ LLC and related Submitter Merchant Payment Processing Agreement between the Town of Southold and RBS WorldPay~ Inc., in connection with on-line payments via credit cards for real property taxes, at no cost to the Town, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2010-907 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Second~' [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] [3 [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 907 SUPERVISOR RUSSELL: I just quickly want to let you all know, that was a very long sought after agreement in that the Town make the process of doing business with us as easy as possible. Many people suggested that we accept credit cards and we should accept payments on line. It was a difficult process because most banks that wanted to handle those accounts wanted to charge a fee. When we collect the taxes however, we need to make the jurisdiction we collect for whole, so we don't really have the luxury of paying that 1/2 or 1 percent fee. We found a carder that was willing to do that at no fee, we were able to finally get that done for the public and we are very pleased with that. 2010-908 CA TE GO R Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Two Services Agreements Between the Town of Southold and SPS VAR, LLC in Connection with IBM 1520 Server Hardware Upgrades at the Police Department RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the two Services Agreements between the Town of Southold and SPS VAR~ LLC in connection with IBM I520 server hardware upgrades at the Police Department, at a cost not to exceed $835.00 for each Agreement, subject to the approval of the Town Attorney. November 16, 2010 Page 14 Southold Town Board Meeting Minutes Vote Record ;Resolution RAES-2010~908 [] Adopted [] Adopted as Pdnended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Seconder [] [] [] [] [] Tax Receiver's Appt Albert Krapski Jr. Voter [] [] [] [] [] Rescinded Lodisa P~ Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Initiator [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-909 CATEGORY: DEPARTMENT: Budget Town Attorney Orient Mosquito District RESOLVED that the Town Board of the Town of Southold, in accordance with the authorization granted by the recent enactment of Assembly Bill A-10718 further amending Chapter 246 of the laws of 1916, hereby authorizes an increase in the annual budget for the Orient Mosquito District to a sum not exceeding $120~000.00. This resolution shall be subiect to a permissive referendum of the eligible voters in the Orient Mosquito District. Vote Record - Resolution RES-2010-909 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Chrisi0pb~r Talboi 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 2010-910 CATEGOR~ DEPARTMEN~ Budget Modification Police Dept Budget Modification - Police Department Fiscal Impact: Money needed to repair police vehicles not anticipated from motor vehicle accidents and repairs. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Whole Town budget as follows: From: A.3120.1.100.100 Police, Regular Earnings $25,000 November 16, 2010 Page 15 Southold Town Board Meeting Minutes To~: A.3120.4.400.650 Police, Vehicle Maint & Repairs $25,000 Vote ReCOrd - Resolution RES-2010-910 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye N0!Na~ ~bsta!n Absen! [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] F1 [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa ?. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter lEI [] [] [] [] Supt Hgwys Appt [] No Action 2010-911 CATEGORY: DEPARTMENT: Property Acquisition Public Hearing Town Attorney PH 11/30 7.'35 Pm E Sawicki Open Development Area WHEREAS, the Planning Board for the Town of Southold has issued sketch plat plan approval for a Conservation Subdivision on November 15, 2010, pursuant to Section 240-26(A) of the Town Code; and WHEREAS, the Town Board has received a petition from Abigail A. Wickham, Esq. on behalf of Edward Sawicki to establish an open development area pursuant to Chapter 240 of the Town Code; now, therefore, be it RESOLVED that pursuant to the provisions of Chapter 240 (Subdivision of Land), Article VIII (Open Development Area), of the Town Code, the Town Board of the Town of Southold hereby accepts the petition of Edward Sawicki to establish open development area as complete~ and hereby sets Tuesday, November 30~ 2010~ at 7:35 p.m.~ Southold Town Hall~ 53095 Main Road~ Southold~ New York, as the time and place for a public hearing for the establishment of an open development area on property owned by Edward Sawicki~ said property is identified as part of S CTM # 1000-125-3-4.1, with an address at 2700 Route 25 (Main Road), Laurel. The property is located in the A-C Zoning District and is on the south side of Main Road, approximately 100 feet easterly from the intersection of Main Road and Franklinville Road in Laurel, New York. The proposed open development area is located on 2.5556+_ acres of the 13.0464_+_ acre parcel. The open development area consists of 3 lots to include 2 residential lots and 1 agricultural reserved area. The development rights of the remaining 8.74+acres are to be acquired by the Town using Community Preservation Funds and subject to a development rights easement. FURTHER NOTICE is hereby given that a more detailed description of the above-mentioned petition to establish an open development area is on file in the Town Clerk's Office, Southold November 16, 2010 Page 16 Southold Town Board Meeting Minutes Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. Vote Record - Resolution RES-2010-91 t [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/NaY Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krapski Jr. Seconder : [] [] [] [] [] Resckqded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-912 CATEGORD DEPARTMENT: Property Acquisition Public Hearing Land Preservation PH 11/30, 7.'40 PM Sill Open Space Acquisition RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ November 30~ 2010~ at 7:40 p.m.~ Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of the properties, owned now or formerly by Julia Sill, identified as SCTM #1000-45-5-3 and SCTM #I 000-45-5-4. The total area of the properties is 23.54- acres. The addresses of the properties are, respectively, 70282 Route 25 and 70284 Route 25 in Greenport, New York. The properties are, respectively, located within the LIO (Light Industrial Park/Planned Office) and R- 80 (Low Density Residential) Zoning Districts. The proposed acquisition is for the Town to acquire fee title to both properties, totaling 23.5+ acres, for open space purposes. The exact area of the purchase is subject to a Town provided survey. The purchase will be funded by the Community Preservation Fund. The properties are listed on the Town's Community Preservation Project Plan as properties that should be preserved for open space, nature preserve, passive recreational purposes, fresh and saltwater marsh and wetland protection, and the preservation of undeveloped shoreline. Proposed uses of the property may include the establishment of a nature preserve, passive recreational area with trails, and limited parking for access purposes. The properties are adjacent to, and in the vicinity of, other properties within the Pipes Cove Area which have been preserved for similar purposes, and the use of the property will be in conjunction with uses that may be developed for the overall Pipes Cove Area. The Nature Conservancy will be working in partnership with the Town to prepare a Pipes Cove/Arshamomaque Park Stewardship and Management Plan for preserved properties within the Pipes Cove area. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned November 16, 2010 Page 17 Southold Town Board Meeting Minutes 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-2010-912 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstaln Absent [] Tabled William Ruland Seconder [] [] [] F1 [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christoph~ Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-913 CATEGORD DEPARTMEN~ Property Acquisition Public Hearing Town Attorney PH 11/30/10 7.'37 Pm Demchak Open Dev. Area WHEREAS, the Planning Board for the Town of Southold has issued sketch plat plan approval for a Conservation Subdivision on November 15, 2010, pursuant to Section 240-26(A) of the Town Code; and WHEREAS, the Town Board has received a petition from Peter Danowski, Esq. on behalf of Michael Demchak to establish an open development area pursuant to Chapter 240 of the Town Code; now, therefore, be it RESOLVED that pursuant to the provisions of Chapter 240 (Subdivision of Land), Article VIII (Open Development Area), of the Town Code, the Town Board of the Town of Southold hereby accepts the petition of Michael Demchak to establish open development area as complete~ and hereby sets Tuesday~ November 30~ 2010, at 7:37 p.m., Southold Town Hall~ 53095 Main Road~ Southold~ New York~ as the time and place for a public hearing for the establishment of an open development area on property owned by Michael Demchak~ said property is identified as part of SCTM #1000-84-1-11 and 1000-84-1-12.1, with an address at Oregon Road, Cutchogue. The property is located in the A-C Zoning District and is on the south side of Oregon Road, approximately 252 feet easterly from the intersection of Cox Lane and Oregon Road in Cutchogue, New York. The proposed open development area is located on 7.231_+ acres of the 33.9890_+ acre parcel. The open development area consists of 4 lots on approximately 7.23 l+acres to include 4 residential lots. The development rights of the remaining 26.67+acres are to be acquired by the Town using Community Preservation Funds and subject to a development fights easement. FURTHER NOTICE is hereby given that a more detailed description of the above-mentioned petition to establish an open development area is on file in the Town Clerk's Office, Southold November 16, 2010 Page 18 Southold Town Board Meeting Minutes Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. Vote Record ~ Resolution RES~2010-913 [] Adopted [] Adopted as Amended [] Defeated Yes/AYe No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] 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 2010-914 CATEGOR~ DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Retain EDesign Dynamics to Perform a Review and Issue a Written Report in Connection with Dredging Goldsmith's Inlet, Pursuant to Their Proposal Dated November 8, 2010, at a Cost Not to Exceed 7025. O0 and Further Authorizes and Directs Supervisor Scott A. Russell to Execute the Contract for These Services RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to retain eDesign Dynamics to perform a review and issue a written report in connection with dredging Goldsmith's Inlet, pursuant to Phase 1 of their Proposal dated November 8, 2010, at a cost not to exceed $7,025.00 and further authorizes and directs Supervisor Scott A. Russell to execute the contract for these services, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2010-914 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter ~ [] [] [] [] Supervisor's Appt Christopher Talbot Initiator [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter ~ [3 [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-915 CATEGORY: DEPARTMENT: Consulting Town Attorney Authorizes Supervisor Scott A. Russell to Retain JMO Environmental to Perform Environmental Consulting Services in Connection with Evaluating Property Issues Regarding ZBA Application #6422 November 16, 2010 Page 19 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to retain JMO Environmental to perform environmental consulting services in connection with evaluating property issues re~ardim, ZBA aoolication #6422, at a cost not to exceed $750.00, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2010-915 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rul~nd Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Ta!b0t Voter [] [] : [] [] [] Tax Receiver's Appt Albert Kmp~ki Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Comment regarding resolution 915 JUSTICE EVANS: It was $350 plus hourly costs. COUNCILMAN KRUPSKI: $350, it was for the wetlands delineations, this must be a but that they put in, in case they need... JUSTICE EVANS: Well, it said not to exceed, so... COUNCILMAN KRUPSKI: Right. 2010-916 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Approves Change Order No. I to the Peconic Community Center Asbestos and Lead Paint Remediation Contract with YBH Environmental, Inc. in the Amount of $2,502.01 RESOLVED that the Town Board of the Town of Southold hereby approves Change Order No. 1 to the Peconic Community Center Asbestos and Lead Paint Remediation Contract with JBH Environmental, Inc. in the amount of $2~502.01, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2010-916 [] Adopted [] Adopted as Amended [] Defeated Yes/Ay0 No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Vote~ [] [] [] [] [] Tax Receiver's Appt Alber[ Krupski Jr. Seconder [] [] [3 [] [] Rescinded Louisa P Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action November 16, 2010 Page 20 Southold Town Board Meeting Minutes Comments regarding resolution 916 SUPERVISOR RUSSELL: Wasn't that supposed to covered in the contract? Inaudible. COUNCILMAN TALBOT: Is this additional on the boiler? COUNCILMAN ORLANDO: Yes inaudible. We walked around and showed specific contractors inaudible. SUPERVISOR RUSSELL: Okay. COUNCILMAN KRUPSKI: The Town Attomey said he is going to review this even though we would approve this, if we approve it, the Town Attorney is still going to review it to make sure that inaudible. 2010-917 cA TE G 0 R Y: DEPARTMENT: Grants Community Development 2011 Community Development Program Budget RESOLVED that the Town Board of the Town of Southold hereby adopts the 2011 Communitw Development Block Grant Budget and authorizes and directs Supervisor Scott A. Russell to sign the Proiect Description Forms for the Community Development Block Grant Program. Home Improvement Program $72,500 Peconic Community Center Improvements $25,000 Administration $13,000 Robert Perry Child Day Center $ 7,500 Community Action Southold Town $ 6,000 Peconic Community Council $ 6,000 Vote Record - Resolution RES-2010-917 [] Adopted [3 Adopted as Amended [] De£eated Yes/Aye No/Nay Abstain Absent [] Tabled Willimn Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] NO Action 2010-918 CA TE GOR Y: Budget DEPARTMENT: Town Clerk Adopt Such Preliminary Capital Budget, as Amended, as the Annual Capital Budget qf This Town for the November 16, 2010 Page 21 Southold Town Board Meeting Minutes Fiscal Year Beginning on the 1St January 2011 WHEREAS, the Town Board of the Town of Southold has met at the time and place specified in the notice of public hearings on the Preliminary Capital Budget for the fiscal year beginning on January 1,2011, and heard all persons desiring to be heard thereon, now, therefore, be it RESOLVED that the Town Board of the Town of Southold does hereby adopt such Preliminary, Capital Budgeh as amended~ as the Annual Capital Budget of this Town for the fiscal year beginning on the 1st January 2011; and be it FURTHER RESOLVED that such capital budget as adopted by this Board be entered in detail in the minutes of the proceedings of this Town Board; and be it FURTHER RESOLVED that the Town Clerk of the Town of Southold shall prepare and certify copies of said annual Capital Budget as adopted by the Town Board of the Town of Southold, together with the estimates, if any, adopted pursuant to Section 202a, Subdivision 5 of the Town Law, and deliver a copy thereof to the County Legislature of the County of Suffolk. Vote Record - Resolution RES-2010-918 ~l Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] : [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supel'~isor's Appt Christopher Talbot Seconder [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell voter Wl [] [] [] [] Supt Hgwys Appt [] No Action 2010-919 CA TEGOR Y: Budget DEPARTMENT: Town Clerk Adopt Such Preliminary Budget, as Amended, as the Annual Budget of This Town for the Fiscal Year Beginning on the 1St Day of &muary 2011 WHEREAS, the Town Board of the Town of Southold has met at the time and place specified in the notice of public hearings on the Preliminary Budget for the fiscal year beginning on January 1,2011, and heard all persons desiring to be heard thereon; now, therefore, be it RESOLVED that the Town Board of the Town of Southold does hereby adopt such Preliminary Budgeh as amended~ as the Annual Budget of this Town for the fiscal year be~innin~ on the 1st day of January 2011; and bc it November 16, 2010 Page 22 Southold Town Board Meeting Minutes FURTHER RESOLVED that such budget as adopted by this Board be entered in detail in the minutes of the proceedings of this Town Board; and be it FURTHER RESOLVED that the Town Clerk of the Town of Southold shall prepare and certify copies of said annual budget as adopted by the Town Board of the Town of Southold, together with the estimates, if any, adopted pursuant to Section 202a, Subdivision 5 of the Town Law, and deliver a copy thereof to the County Legislature of the County of Suffolk. Vote Record - Resolution RES-2010-919 [~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulm~d Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Initiator [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [~ El [] [] [] Rescinded Louisa P. Evans ~ec~hder [] ~ [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-920 cA TEGOR Y: DEPARTMENT: Property Acquisition Purchase Land Preservation Conway Estate Seqra & Elect to Purchase WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a 31± acre parcel of property owned by the Estate of Julia Conway on the 16th day of November, 2010, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-54-7-21.1. The address is 4395 Horton Lane, Southold, New York. The property is located in the A-C zoning district and is located on the westerly side of Horton Lane, at the intersection of Old North Road and Horton Lane in Southold, New York; and WHEREAS, the two part purchase comprises a total of 31± acres, subject to survey, including an existing farmhouse and accessory structures; and WHEREAS, the total purchase price is $85,000 (eighty-five thousand dollars) per buildable acre for the 31± acre acquisition; and WHEREAS, the first purchase consists of the Town purchasing a development rights easement on approximately 29± acres; and WHEREAS, the first purchase is to be funded by the Town's Community Preservation Fund at a purchase price of $62,500 (sixty-two thousand five hundred dollars) per buildable acre, plus November 16, 2010 Page 23 Southold Town Board Meeting Minutes applicable acquisition costs; and WHEREAS, the first purchase of the 29+ acre development tights easement is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, and WHEREAS, the second purchase consists of the Town purchasing fee title to 31+ acres, of which 29± acres are subject to a Development Rights Easement and 2± acres, including the existing farmhouse and accessory structures, designated as the Reserve Area, remain with development tights intact; and WHEREAS, the second purchase is to be funded by the approved Farmland Preservation Bond (Bond Resolution 2007-715) at a purchase price determined by the difference between the total purchase price and the total development rights easement pumhase price, with such purchase price estimated at $822,500 (eight hundred twenty-two thousand five hundred dollars) plus applicable acquisition costs; and WHEREAS, the second purchase is consistent with the approved Farmland Preservation Bond (Bond Resolution 2007-715) and is being accomplished pursuant to and in conformance with the Farmland Preservation Bond Policy adopted by the Town Board on November 4, 2010; and WHEREAS, the landowner's application and offer to the Town was to sell fee title to the entire 31 ± acre property, and acquisition of a development tights easement only was not an option offered by the landowner; and WHEREAS, the 31± acre 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 proposed action, consisting of both purchases, has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator recommends that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee recommends that the Town Board acquire the entire 31+ acre property in order to further accomplish the purposes of the Town's farmland protection program; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase this entire 31 ± acre property in order to further accomplish the purposes of the Town's farmland protection program; 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 November 16, 2010 Page 24 Southold Town Board Meeting Minutes 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 314- acre parcel of property, including an existing farmhouse and accessory structures, owned by the Estate of Julia Conway and identified as part of SCTM #1000-54-7-21.1. The total purchase price is $85,000 (eighty-five thousand dollars) per buildable acre for the 31± acre acquisition which will occur in a two part purchase; and, be it further RESOLVED that the first purchase consists of the Town purchasing a development rights easement on approximately 29± acres funded by the Town's Community Preservation Fund at a purchase price of $62,500 (sixty-two thousand five hundred dollars) per buildable acre, plus applicable acquisition costs in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code. The second purchase consists of the Town purchasing fee title to 31 ± acres, of which 29± acres are subject to a Development Rights Easement and 2± acres, including the existing farmhouse and accessory structures, designated as the Reserve Area, remain with development rights intact; and, be it further RESOLVED that the second purchase is funded by the approved Farmland Preservation Bond (Bond Resolution 2007-715) at a purchase price determined by the difference between the total purchase price and the total development rights easement purchase price, with such purchase price estimated at $822,500 (eight hundred twenty-two thousand five hundred dollars) plus applicable acquisition costs; and, be it further RESOLVED that said acquisition is consistent with the approved Farmland Preservation Bond and is being accomplished pursuant to and in contbrmance with the Farmland Preservation Bond Policy adopted by the Town Board on November 4, 2010; and, be it further RESOLVED that 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 Town Board has determined that this action is consistent with the LWRP. November 16, 2010 Page 25 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2010-920 [] Adopted [] Adopted as Amended [] Defeated Yes~ye No/Nay Abstain Absent [] Tabled William Ruland Voter I~ [] [] [] [] 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 VI. Public Hearings Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearing. RESULT: ADOPTED [5 TO 1] MOVER: Albert Krupski Jr., Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans NAYS: Scott Russell PH 11/16/10 Conway Estate Preservation COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ November 16~ 2010~ at 4:35 p.m.~ Peconic Landing~ Brecknock Road~ Greenport~ New York as the time and place for a public hearing for the.purchase of a 31 k acre parcel of property, including an existing farmhouse and accessory structures. Said property is owned by the Estate of Julia Conway and is identified as part of SCTM # 1000-54-7-21.1. The address is 4395 Horton Lane, Southold, New York. The property is located in the A-C zoning district and is located on the westerly side of Horton Lane, at the intersection of Old North Road and Horton Lane in Southold, New York. The total purchase price is $85,000 (eighty-five thousand dollars) per buildable acre for the 3 lk acre acquisition which will occur in a two part purchase. The first purchase consists of the Town purchasing a development rights easement on approximately 29± acres funded by the Town's Community Preservation Fund at a purchase price of $62,500 (sixty-two thousand five hundred dollars) per buildable acre, plus applicable acquisition costs in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code. The second purchase consists of the Town purchasing fee title to 31± acres, of which 29± acres are subject to a Development Rights Easement and 2± acres, including the existing farmhouse and accessory structures, designated as the Reserve Area, remain with development rights intact. The second purchase is funded by the approved Farmland Preservation Bond (Bond Resolution 2007-715) at a purchase price determined by the difference between the total purchase price and November 16, 2010 Southold Town Board Meeting Minutes Page 26 the total development rights easement purchase price, with such purchase price estimated at $822,500 (eight hundred twenty-two thousand five hundred dollars) plus applicable acquisition costs. The second purchase is consistent with the approved Farmland Preservation Bond and is being accomplished pursuant to and in conformance with the Farmland Preservation Bond Policy adopted by the Town Board on November 4, 2010. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its aghcultural 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. We have a notice that it was posted in the Suffolk Times on November 11, 2010, affidavit that it was posted on the Town Clerk's bulletin board at Town Hall on November 5, 2010 and a letter from the LWRP coordinator stating that it is consistent with the policy standards and therefore is consistent with the LWRP. And that is it. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this acquisition? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: As shown on the aerial in front, this property is located in Southold, to the north of CR 48, on the west side of Horton's Lane. The property, which is owned by an Estate, has historically been and is currently in active agriculture. The landowners are no longer in the business of farming and to settle the Estate, a decision was made to sell the farm. Since the landowners are not farming, they were not interest in selling just the development rights and retaining the agricultural rights to the Town. Instead, the landowners approached the Town and offered 31 acres of the 34 acre farm for purchase by the Town. One of the landowners owns adjacent property and decided to retain 3 acres on the north side of the farm. He is currently before the Planning Board for a lot line change to accomplish this. The 31 acres includes an existing farmhouse and several accessory structures. With the exception of the area around the house, the property is all used for agriculture. The Land Preservation Committee reviewed the application and determined that purchase of the property together with extinguishing the development rights on all but approximately 2 acres around the existing dwelling, accomplishes the purposes of the Town's farmland preservation program. In 2007, a bond resolution was authorized by the Town Board and then approved at a biennial Town Election authorizing $4 million for the acquisition of agricultural lands. This funding source enables the town to acquire and preserve agricultural land and specifically allows the town, once development rights are removed from the property, to sell or lease the interest in the underlying agricultural lands. The Town Board adopted a Farmland Policy on November 4, 2010 to provide guidelines for use of the $4 million farmland bond. As noted in the hearing notice, the Town will be using both Community Preservation Funds and funds from the $4 million farmland bond for this purchase. Upon completion of this purchase, the town will have preserved 29 acres of viable agricultural land. The Land Preservation supports this acquisition November 16, 2010 Page 27 Southold Town Board Meeting Minutes and recommends that the Town Board proceed with the acquisition. I'd like to thank the Peconic Land Trust for working together with us on this project and of course, the landowners for working with us and offering us the opportunity to preserve this important farm. Thank you. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular acquisition. Another thumbs up from Hugh, for the record. (No response) RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Closing statements SUPERVISOR RUSSELL: That concludes the business. Now is the opportunity for anybody that would like to come up and address the Town Board on any issue of mutual concern. Ma'am, you have been very patient. You have two answers coming to you. Cross Sound ferry, I am unaware of any current effort on their part to acquire property. I have heard rumblings that they bought a residential piece out in Orient. I can't speak to their motives but our current issue with the ferry is they simply don't have enough land to handle the intensity of the use that they created with the new ferry. Buying a piece of residential property zoned residentially isn't going to solve any problems. Other than that, I am going to have to defer anymore discussion about it to counsel, because it is in litigation. Secondly, the noise ordinance, we put a draft out. It was a rough draft we put out to get public input, we got lots and lots of good public input. It is now scheduled for code committee next week, tomorrow, I stand corrected. And that is where we are going to undertake the input from the public and fine tune the legislation so that we can re-notice it and it can go out and hopefully have a vote on it soon. The budget we just passed includes money allocations for the purchase of six noise meters, would be the basis of any new noise code. Who else would like to come up and address the Town Board on any issue? EILEEN (INAUDIBLE): My name is Eileen (inaudible) and I live here in Peconic Landing and ! thank you very much for coming out of your comfort zone and staying with us all day. I apologize for not more people from Peconic Landing being here but you have to admit that these chairs do not suit old bones for more than two hours at the most and it was packed this afternoon for (inaudible). I congratulate you (inaudible). Anyway, I am here, living here 8 years and when I first came, I could walk and I attended town meetings several times when the Community Land Trust of Southold Town was new and we were explaining ourselves and seeking support from the Town. Now I am back to introduce a new initiative for affordable workforce housing in Southold Town. It is still a Community Land Trust plan that has been growing all over the country, there are 240 some areas where they have been successful and given the times where we need more housing, where we need a lot of help in not only the hospital and our own nursing home but we worry about the fire department (inaudible) now is the time to look for affordable work force housing in Southold. We are incorporated (inaudible) a wide based of membership of residents who understand (inaudible) in our area. A yearly membership is only $10 because we operate under the philosophy that ifa lot of people do a little to help, we can succeed. We intend to look for scattered sites and find funding from the national and area foundations (inaudible). We look forward to cooperating with the town, regulations and the boards and the halo zones when our organizing phase is complete. We still need a wide base and we will spend time November 16, 2010 Page 28 Southold Town Board Meeting Minutes developing a wide base. Again, we are (inaudible) for Community Land Trust Southold. SUPERVISOR RUSSELL: Thank you very much. We certainly applaud your good work and your efforts and look forward to working with you in the future. Would anybody else like to address the Town Board on any issue of mutual interest? INAUDIBLE SUPERVISOR RUSSELL: I will say we have actually done quite a bit, the problem with deer management is it is a regulated trade, it is regulated by the state DEC. Two years ago we did create a town based hunt program, opened up certain parcels of preserved land for hunting. Of course, the first year was the genesis year and we created a new program. The first year we took (inaudible). The second year we opened the lands up, we took 50. This year we have two months left on the hunting season and we are already up over 100. Hunting is a key component, it is not going to be the only solution but it certainly is a key component to reducing the numbers so that the number of deer stays on the level. We have undertaken several initiatives with the DEC, the DEC is showing more confidence in us and they are giving us more local control each year, but we always end up with the same roadblocks. They are still managing wildlife, deer, as a wildlife management program and we are trying to get the DEC to understand that we are not doing that anymore, we are really in the pest control. What we recently did is we had a lot of hunters that said we will take more numbers for you but we want to make sure the deer don't go to waste. They didn't want to be gratuitous. We just recently contracted and rented a refrigerated truck, so that now the dressed carcasses are brought to a delivery site in Peconic and they get brought to a butcher in Woodbury who then distributes the meat to Feed New York and Long Island Cares. So we are doing the best we can to get the most benefit out of this. But we have a long way to go, there is no doubt about it and we do need cooperation at the state and federal level. There hasn't been a lot forthcoming, local DEC officials have been working well with us but they are stuck with the statutes they have to enforce. But we are working on it, we are making small inroads in progress every day. But it is a very, very difficult issue. I have certainly raised the issue with my state of the town address, economically speaking, we have farmers who have threatened to not farm anymore because of the damage. They spread disease, we recently held a public forum to get the discussion on the table which we televised on channel 22. So we hear you, we agree with everything you are saying. We are doing everything we can on the local level but we certainly need more help from above. UNIDENTIFIED: Thank you very. BENJA SCHWARTZ: This morning at the work sessions, they had some very interesting discussions, Benja Schwartz from Cutchogue, regarding the comprehensive plan which the town has engaged (inaudible). So I thought it would be appropriate to say a little bit about that in a more public forum (inaudible). It came up that the future of Southold Town is getting older or the inhabitants, the population. Fastest growing segment of the population is over 85 and I think we are surrounded by old people here at Peconic Landing. I have a lot of friends who are elderly and seniors and I am getting older myself, I have nothing against older people. But one thing about older people is that they tend to take care of themselves. The people here at Peconic November 16, 2010 Page 29 Southold Town Board Meeting Minutes Landing have done a good job of taking care of themselves. I think the Town Board and the town government is trying to do a good job in taking care of the whole town but I have a few comments that I hope (inaudible.) Last month, Southold Town announced participating in Suffblk County Police Department's silver alert program. Free ID bracelets for seniors who suffer from dementia or Alzheimer's. The supervisor was joking around and said maybe some of the town's employees could use a bracelet. I wonder if it is not too late to put a bracelet on Southold Town itself. Inaudible, the Town of Southold already in its status comparable to a missing (inaudible). In England, they call the process of losing local identity cloning. On the main streets of clonetown, unique local shops have been replaced by strips of national and maybe global chains and formula businesses. In contrast, the main streets of home towns retain their unique character and are distinctive to people living there and people visiting. Border towns are on the cusp between hometowns and clone towns. I believe Southold is currently a border town (inaudible) becoming clone town (inaudible) unfortunate impacts on communities. Global economies become money vacuums (inaudible) the special identities of neighborhoods are lost. Southold Town has an identity crisis because it is urgent and critical that Southold Town recognizes population and development intensity have both increased and so have (inaudible). I think the Town Board has recognized that and has started this process. I do not believe that the community is sufficiently engaged in that process in order to be successful. So I thought we should raise that issue tonight. In addition to the identity of the Town of Southold is the identity of our town government. I don't know if you remember when I read the proposed list of chapters for the comprehensive plan our objective which our town government was not (inaudible). Essentially the comprehensive plan is planning for everybody in town except for the town government, at least that is what it appeared to be and when I objected, my objection was dismissed without any explanation or discussion. I don't, I wasn't really reassured when I read in the first recommendation (inaudible) that were hired to write the economic chapter, they recommended to add a new committee to Southold Town government, an economic development committee. I am not sure we need that or not but I think we need to do is take a hard look at the way that Southold Town government is unorganized or disorganized. I am very confused. Another chapter in this comprehensive plan is entitled 'Human Services' that was confusing because in a plan it is proposed that human services include senior services, youth services as well as services for the disabled or economically distressed people. That make sense but in Southold we currently use the term 'senior services' to refer to the Southold Town senior services, also that same department or division is called the human resource center or human resources center or just human resources. In using the title human resources, I think it came about because we didn't want to call it senior or elderly, I don't know but the problem with that is that the rest of the world uses human resources to describe work force planning and it is common for most organizations to have human resource departments that are engaged in the development and organization of their work forces and also development of the individuals in that workforce and I have noticed over the past couple of years of the deterioration of the spirit of the people working for the Southold Town hall. I think everybody I know that (inaudible) in every way we can. Inaudible. When the job of government is not getting done, we are not going to, I don't think it is right for us to sit here silent and keep praising the job we see done when there are some very badly, things that are being done very badly and things are not getting done. The issue of technology, we have and are using a lot of new technology but not very well. For example, in the Town Board meeting room there is a digital projector but it has never been set November 16, 2010 Page 30 Southold Town Board Meeting Minutes up. It has never been mounted, there has never been a screen or at least the wall should be painted so that it can be more visible and it should be mounted in such a way that the light doesn't distract. Doesn't matter, it is not used anyway, at least by the Town Board. I forget if it is the Zoning Board or the Planning Board, one of those boards actually does use it... SUPERVISOR RUSSELL: Trustees. MR. SCHWARTZ: The Trustees. And they use it very well but when I asked about the Town Board they didn't seem to have any interest in using it and when I explained that I had been in a meeting and asked to use it and I was told by the data processing division that it was not available for use by the public, you know, I was allowed to use it but I had to get the chairman of the Zoning Board to go and talk to data processing and the department head. I just think, you know, we spent a lot of money on that equipment and it could be put to good use. COUNCILMAN KRUPSKI: You are worded about private government should keep continuously reevaluate itself, and when you said that there are a lot of good examples of how we continue to do that. One is the town committee, the CAC, the Town Board is working with the CAC and the Trustees to get them an active role in mooring plans for town creeks and the Town Board is working with them also to work on the MS 4 regulations and inspections. The supervisor helped to form a special event committee to deal with, obviously, special events. And that is a committee that is not, hopefully have a long life span. It is not going to be meeting for years and years to come. Hopefully it has a direct initiative that will be accomplished and then will disband. Just this morning at the work session, we had a member of the Youth Bureau come in with their recycling initiative for Southold High School that is going to be used as a template for other high schools and hopefully Town Hall, so there is, and the Supervisor just brought up the deer management program which is in its third year and it is expanding, becoming a more effective program. So we are continuously trying to serve better and a lot of this is coming from the community and a lot of community involvement from people who participate in the committees. MR. SCHWARTZ: And you know, because you were there when I made a suggestion (inaudible) and thought it was a great suggestion. We also learned in the Suffolk Times by the advertisement placed by the special projects coordinator that the recycling at the transfer station (inaudible) people are not separating their recyclables. This Town of Southold was a leader in recycling in New York State (inaudible). We have to look at the positive side but we also have to look at the negative side. You only seem to want to see the positive side of (inaudible) and that is beautiful but you know, what did you think of the advertisement that our highway superintendent put in the Suftblk Times? COUNCILMAN KRUPSKI: I didn't get a chance to read the paper last week. I didn't see it. MR. SCHWARTZ: Well, you missed a doozy, you know. It says on the top of the ad that a, it is from the Town of Southold. It is signed by the Superintendent of Highways. It looks like it comes from the whole town or the Town Board. The ad is incoherent, the tone is insulting and it is extravagantly overpriced. He could easily have had a much more (inaudible) in a quarter page. November 16, 2010 Page 31 Southold Town Board Meeting Minutes He doesn't need a whole page. A lot of people just pass the page, it jumps around from one point to the next. It doesn't explain the information well and that is typical of the communication that is coming from Southold Town government. You know, we are in business of publishing, we publish a website and we publish ads. We need to start doing a better job of that. In terms of organization of town government, I object of the pushing together of the planning department and the planning board. Okay, they both start with the word planning but as they are presented on the website and as many people think of them, they are the same entity. Which as you know, they are not. The planning board has no more similarity to the planning department, no more connection to the planning department than the zoning board or the board of architectural review, the architectural review committee or the building department and the planning board and the planning department was put on one web page by someone who had no understanding of the way town government works. It wouldn't cost anything to change that and it would help clarify the way our government works. COUNCILMAN TALBOT: Benja, I think you... MR. SCHWARTZ: Just in closing I (inaudible). I know it is not easy. I have been working with some people here at Peconic Landing. I have a real sense of community here, I used to have some community in the Town of Southold but I am not sure anymore. I hope that that will change. Appreciate that you are trying to do a comprehensive plan but I just (inaudible) that everything is not perfect. In the short time that I have been here (inaudible) plus years, this town has lost a lot and it is losing a lot every day. Every single day. I know you are doing things on the Town Board, you are trying but for what it is worth, I think we are not trying enough. Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any issue? CY LUKEMAN: Good evening, my name is Cy Lukeman, I would like to discuss or just ask a couple of questions. I see that 10:30 am Mark Terry was here to discuss planning board or zoning board (inaudible) improvement. Can anyone elaborate on what that was about? SUPERVISOR RUSSELL: What he asked about was .... COUNCILMAN KRUPSKI: The question was about water quality improvements in Orient, the Orient waterfront and this has been the subject of many a storm water committee discussion. Nothing has been resolved in Orient, especially on Village Lane drainage wise because of the (inaudible) because the intrastructure of the road is difficult to put drainage in. once you get towards the bottom of the hill towards the wharf, the water table is right near the road so it is difficult to try to find a place to put the road run off. Mark Terry came forward this morning with a grant opportunity that he thought the town might want to pursue. The problem with it was that grant, first of all, it had to be written and it had to be received and it had a lot of merit, right now the Town Board didn't feel we had the staff to pursue it. We are currently in the middle of other grants for other water quality projects, the biggest one is Hashomomaque pond, we have been waiting literally for years to complete that and to do the (inaudible) for water quality. And so we decided against pursuing this grant. We really have to manage the ones that we are in the November 16, 2010 Page 32 Southold Town Board Meeting Minutes middle of right now. MR. LUKEMAN: Okay, thank you very much for that answer. But will there be an opportunity, I read on the cover page right here that on line access can take place either one to two hours after the meeting or one to two days after the meeting you would get minutes adopted that the resolutions passed, (inaudible) work sessions as well because I know Riverhead (inaudible). COUNCILMAN KRUPSKI: No, we don't have verbatim minutes for the work sessions. MR. LUKEMAN: But also there is video technology (inaudible). Riverhead provides their residents the opportunity to see the work session in process. Is Southold Town ready to move in that direction? SUPERVISOR RUSSELL: I will just address, actually charmel 22 the recording of the meetings is paid for as part of the cable franchise agreement. To record the work sessions isn't covered under the franchise agreement. There would be no reimbursement from Cablevision for those costs. We looked at it in the past but recording a very long work session, usually several hours, would be very costly to the Town. This just hasn't been the economic climate to bring that to the table. We wouldn't see any money from Cablevision. This particular meeting, this will be reimbursed by Cablevision as part of the formal meeting. Work sessions are not. MR. LUKEMAN: I understand it being very costly and I know that you changed the page on the website (inaudible), for every activity you have costs involved. Public knowledge (inaudible) on the same page, understanding the different viewpoint that others (inaudible) is clearly better understood when you (inaudible) as it was presented at that time by that particular individual. Hearsay allowed me, just this evening, when I was told that the meeting is at Peconic, I immediately, ignorantly, thought that I should go to Peconic civic center, (inaudible) so I drove from Orient to Peconic, then I went back to Town Hall thinking maybe I got it, was confused, I was totally confused, there is not the question of that. But when I got to Town Hall, there was a young gentleman there from building and grounds who was kind enough to open the door and explain to me that I needed to go to Peconic Landing. And that is also indicative of the many good employees that represent the community at large, that live here and work here and are employed by the Town of Southold. But then again, when some of you refer to employees that aren't necessarily (inaudible) the job that they have been assigned, this is something that we had and l would say that we as a town, as someone who has been engaged with the community and with various Town Board's, I know the amount of years that Justice Louisa has, the knowledge that she brings to the board with her longevity, I know the knowledge that Councilman Krupski brings from his long years, longevity as a Trustee and (inaudible) and keep his knowledge as member of the Town Board. Councilman Ruland and Orlando, both is you are new to the Board, certainly Mr. Ruland (inaudible) nor is Mr. Orlando(inaudible). Mr. Talbot, his dedication (inaudible) I have known three of the council members have gone to Orient just recently to take a look at the situation, (inaudible) and Councilman Krupski and Evans was there this afternoon to take a look at the situation, earlier in the week when Councilman Talbot had a day off, he likes to take a ride around town and just take a look at things. I pointed out to him the situation that has November 16, 20t0 Page 33 Southold Town Board Meeting Minutes been reported by Trustee Bredemeyer, provisionally, there was ongoing work on Village Lane about a drainage concern. Now again, it is a small community so you try to figure out people that do what they do (inaudible), you hope that they would do for the best, that has always been my modus operandi, why I initially posed the local waterfront revitalization program because I have always been under the belief, the way I operate myself that someone generally operates (inaudible) for their own best interests but your own best interests when you live in such a beautiful community like Orient tends to (inaudible) everyone else's best interests. Why we invest in our property, why we improve our properties. So I was never a big fan of having the idea that government entities should have purview on what someone would do with their private property. (inaudible) there are properties that are being handled differently and this has always been one of the quandaries of any government. When a bureaucrat has the ability to act in fiat and grant permission because he or she solely believe that they have that authority, that they misinterpret the authority that their office actually entails. There has to be a check, there really has to be a check. Sooner or later our board or some type of human resource officer needs to be able to evaluate the employees that represent the office or who in fact represents the tax payer, the citizen. We have some employees in this community that it has been pointed out to Town Board members that they threaten community members, that they harass town employee, even though there is a strict code within the town about harassing other employees. You gentlemen and maybe Louisa, Councilwoman Louisa Evans doesn't know about it but there are a number of you sitting here, I am not going to bring names up, particularly now but these issues have been discussed, they have often been brushed under the table. Now finally, recently, someone's continuous acts of disrespectfulness was put to the fire. This individual again had gone out and stepped beyond his scope and authority and has created situations where people are becoming threatened by other contractors, okay? That's fine when (inaudible) but it is not fine when other (inaudible) having homes along the waterfront which pump out there basements then somehow connect to the septic system run it into the town drain and out into the bay. I don't know how these people really think that is a good idea but there is certainly there is a large percentage of us that know better. That know better. Then an employee of this town was asked to go and mediate this issue. You also have a problem with being asked earlier in the year to submit written reports on how he deals with complaints but he finally came about from what I understand now, is able to produce (inaudible) to say how he handles complaints and this one issue of which I am speaking of in a round about way but we are all quite familiar with what it is, is this October report stated that the issue is resolved. Okay. I know nothing at this time but then on a holiday, again, (inaudible) but the water is gurgling in the street, okay, gurgling. You can hear it. Public property. I put my hand down along public property and I come across an elbow pointing to a public drain and it is in our public street. It was supposedly resolved. Now I don't know how you go about doing your business but I worked in construction here and in the city and in the private practice when you misinform your employer and you claim you have done your job, there are certain things that happen. Generally maybe you need a class to figure out what your job really is but generally speaking falsifying reports is grounds for dismissal. And I don't know how you guys want to handle all of this but something has got to be addressed. It is not so much the lying to on report, it is the total disregard for the environment. And when we are talking about water control, how can we expect the citizens of this community to do what we are hoping you do is right and our own town employees so cavalierly give a pass. You know, so this is what I am asking. We have been talking about waterfront, revitalizing our water for 30 years and November 16, 2010 Page 34 Southold Town Board Meeting Minutes Orient harbor has been dying year after year. Fine, maybe some of you on the waterfront aren't doing the right thing but when we have the (inaudible) gushing down there, it is flooding into it, Orient is the only community that has the local waterfront revitalization plan historic designation imposed on it. Okay? So if we get to have that little special designation, shouldn't we get some benefit like please revitalize our waterfront? Please give us some drains, please create a drainage field down there. Just don't say we don't have the money. Because sooner or later, generations will never get to reap the benefit of what once brought us here. Thank you very much. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any issue? MR. SPANOS: Yes. Your words earlier were very, very great and you think of the community (inaudible) of Greenport and the north fork and I think we should take care of the residents here at Peconic Landing and maybe make it a little more easier for them to vote. I am not sure how, I am not sure that they have busses and bus people to the voting booth but the people here at Peconic Landing can drive but maybe the town could, I don't know, make it a lot easier for them or bring ballots here or something like that. Just a suggestion. What I wanted to speak about is the amount of pressure that this board faces and the obligations that you have to our community for the future of the north fork. It is very you know, you are at a very crucial time in history of the north fork and the vineyards are a great asset to this area and all of what the Peconic Land Trust is doing and this board, I think we need to be a little more understanding (inaudible) towards the vineyards. I know a lot of citizens of the north fork are upset about the taxes that the wineries pay, the less, maybe the board can consider subdividing an area of the vineyard and maybe allowing more commercial use so that it can bring more taxes in. I know if Napa Valley they have a, you know, they allow the vineyards to flourish and they allow them to operate freely and it is a great thing. It is a great thing for the area, so before we pass any laws against the wineries and the vineyards, I would really think it out and you know, I would lose sleep over it. I don't envy the position Mr. Russell is in, you are under a lot of pressure. I think you are doing a pretty good job and it's, you are always being ridiculed. It is a very difficult position right now. So that is my recommendation as far as noise ordinances and other matters and I would like also to congratulate the whole board for not allowing, I mean, putting the raises down. I mean, because you should have fought a little more for it, especially you Mr. Russell, you haven't had one for how many years now? So I congratulate you on that. But what, did you allow agree to allow this raise? Where (inaudible) coming from, that you didn't take the raises? Did you guys talk about that or is that an executive thing? SUPERVISOR RUSSELL: I will tell you that my job as Supervisor is to present a budget to the Town Board. They have been, I presented by the 30th of September, they had until November 20th to adopt it. I have to present something. It was my proposal that included the 4% raises for elected officials. Of course, the Town Board at that point takes the recommendation like all the other recommendations, you know, I put in a capital fund request to build a village green in Mattituck etc., what I am doing is I am putting a budget recommendation to the Town Board. I went out and solicited people and asked people what they thought of the raises. There is an old friend of mine from Greenport, Bill Claudio, who probably had the most succinct response to me, that said 1 can understand the work you do and probably the legitimacy of deserving a raise November 16, 2010 Page 35 Southold Town Board Meeting Minutes but perception is everything. Perception is everything. Perception becomes reality. In this current economic climate, when people are struggling to keep houses and keep jobs and losing the same, you should turn the rates down because you are fully employed. He was rough. Perception is everything. This probably isn't the time for a raise for elected officials. I understood that. I brought back to the table, you know, the other board members have all sorts of people they really on for guidance and wisdom. I leave it to them to tell you where they got their decision making fi'om. But I think as a board we recognize that it might send the wrong signal in this current economic climate. The finances of the town are in good shape but the overall economy has not improved. MR. SPANOS: Would anybody else like to elaborate? COUNCILMAN KRUPSKI: I agree with what the Supervisor said as far as the raises go. We are kind of in a tough spot. Everyone here is working for the betterment of the town and working hard towards that. And on the other hand, it is taxpayer money and you really have to be responsible to the taxpayer. And we are at the time now where we are cutting the size of government and cutting services because it is the only way you can keep the taxes down, alright? We have so many obligations that we can't affect at all, by a vote of this Board, obligations that the town bas made in the past that we are all burdened with. And that adds up to your tax bill, so the only way to cut is the way that we are doing it, personnel and services. So it seemed kind of awkward if we were to cut services and then take a raise at the same time, to me. COUNCILMAN ORLANDO: Jim, morally right away I wasn't in favor of raises for elected officials. Not that the elected officials do not work hard, everyone works very hard and very deserving of it. The difference with the private sector, if you gave someone a raise, the profits, you take the raise out of profits. Unlike with elected officials, you would have a raise on the backs of the taxpayers, like Councilman Krupski said and I just didn't think that was appropriate at this time. But the elected officials do work very hard, it is appropriate but not at this time, not on the backs of the taxpayers to give us a raise. Private sectors comes out of your profits, that is the private sectors choice. This one morally to me was not appropriate at this time. MR. SPANOS: Very good. Thank you very much. I am sure the citizens appreciate your decision. It is unfortunate that, it is unfortunate that the raise came at this time and timing is everything but I am sure everybody appreciates it. Thank you. COUNCILMAN KRUPSKI: Just to answer your first comment about the wineries. We do understand the role of the wineries in the community and we do appreciate that but just to let you know, when we meet, Mr. Orlando and I are on the special events committee and when we do meet, there are winery representation on the committee. So they are not left out of the process. They are part of the process. MR. SPANOS: Has that ever been discussed, as far as commercializing a portion of a winery to raise the taxes and this way the wineries that are bringing in all this profit through their businesses could pay a higher tax. November 16, 2010 Page 36 Southold Town Board Meeting Minutes COUNCILMAN KRUPSKI: No, that hasn't but certainly that will be brought up now. COUNCILMAN TALBOT: You know, that is one misnomer that the wineries on all of their vineyard facilities pay the same rate of tax that any of the other businesses in town do. The vineyards, they pay the aghcultural rate but the buildings, they pay the same rate of tax. That is one of the things that it is a misperception, doesn't take place. So they are paying... MR. SPANOS: I wasn't aware of that... COUNCILMAN TALBOT: Most people aren't. SUPERVISOR RUSSELL: Letmejust correct that. The, not entirely, theydopay for theretail area. They would pay the same on building as another retail shop. The land still receives substantial reduction because it is part of an ag support... COUNCILMAN TALBOT: Yes, that is what I said. SUPERVISOR RUSSELL: Also the buildings were the process takes place etc., are all assessed as agricultural structures. Commercial property, say an awning company, would be paying more than because he is manufacturing awnings versus wine. There is, it is a delicate balance because they am ag operations but they get into a commercial component and I think the assessment, the taxes aren't unfair that people have challenged. It is difficult because you have to have this long discussion on what tax, you know, the basis for taxation in New York State but I do think the wineries are fairly taxed for what they get under the code. MR. SPANOS: And as far as the cooking facilities and that is at hand now .... SUPERVISOR RUSSELL: Let me just point something out, this Town Board is taking no action. We haven't changed on piece of, we haven't changed the code, we haven't passed one piece of legislation that in any way was deleterious to the winery industry. What we have done is we said there is certain points of conflict, let's have a special group get together and try to resolve those conflicts. We have members of the business communities, members of the winery community, we have people from the community itself as community reps, offered to step up and volunteer and try to resolve and work out some of these issues. There has been no legislation. The noise code wasn't really generated from wineries at all, they were generated from a particularly noisy operator out in the easterly part of the community and in the westerly part of the community. They were commercial operations. We generally don't get many complaints from wineries, one or two perhaps are prone to music than others but by and large, the noise code, there are all sorts of reasons why we proposed a noise code. Wineries wasn't one of the reasons. MR. SPANOS: But they would fall into that category, so maybe we should, like I said at a town board meeting a few weeks ago, not allow a few bad apples to spoil the whole bunch and maybe when you pass the code for the noise ordinance it can target in on the menace that is creating it. You said there was only a couple of them. I mean when you throw a cross spectrum out there, a November 16, 2010 Page 37 Southold Town Board Meeting Minutes noise ordinance, it is going to hurt some businesses. And I checked into the decibel levels and they were very, very Iow. I mean, I am speaking higher than that. SUPERVISOR RUSSELL: We acknowledged all of that and that is why it went back to code committee, for perfection. The one thing about a noise code though, with any law, when you pass it, you ought to pass it for everybody. Not exclude a few. A reasonable noise code will allow the wineries and others to go ahead and you know, prosper. It will draw limits at unreasonable noise at unreasonable hours. But again, we are back in the code committee because of the imperfections of the first draft. MR. SPANOS: Great. Okay, great. You answered a lot of my unsure knowledge of this and I learned a lot. I am glad that you are approaching the wineries with a delicate hand. Thank you very much. SUPERVISOR RUSSELL: I will just say for clarity, I am, I have stepped away from the process. We have a special events committee now, it is in the hands of some town board members, I have stepped away from it. I happen to have a twin brother who is one of the vocal business members, who is demanding action and at this point, I am stepping back from that. That will be for this events committee to work out and bring back to us, so I need to take a hands off approach as we move forward because of precognizant of perceptions, that the town is somehow doing this to appease the (inaudible). MR. SPANOS: Did you step down as a conflict of interest yourself?. COUNCILMAN KRUPSKI: No, because one person that looks like Scott is enough for each committee. MR. SCHWARTZ: I will be very brief but 1 would just like to clarify that the raises that were proposed were approximately $40,000 I believe and that money has not been taken out of the budget, it has been shifted over .... COUNCILMAN TALBOT: You said that earlier. MR. SCHWARTZ: To the program of picking up garbage at the end of the streets and in the parks which is a very important program. Unfortunately, last year when we were talking about how we could save money for that program, it seemed like the two departments that are involved, the highway department and public works, well, neither one of them could come up with a clear picture of how much the program is costing us and I was reading in the papers that the Supervisor had suggested that maybe we needed to get a private company to give us a proposal as to how much this program would cost the town. I think our town government should know how much it is spending on various programs, to be able to keep track (inaudible) and you know, taping the work sessions, you know you have been saying it is too expensive for years now but when I ask you how much it would cost, you said you had no idea. So I would like to look into how much that would cost, possibly get volunteers to do the filming (inaudible). I am sure they would be happy to volunteer (inaudible). Thank you. November 16, 2010 Page 38 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any issue? (No response) The meeting is adjourned. Again, thank you Peconic Landing, you were a gracious host and it was a pleasure doing the business of the town in your facility. Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjoumed at 6:20 P.M. RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Linda J Cooper Southold Deputy Town Clerk Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell