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Home My WebLink AboutTB-11/04/2010 (2)ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork.net MINUTES November 4, 2010 7:00 PM A Regular Meeting of the Southold Town Board was held Thursday, November 4, 2010 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 7:00 PM with the Pledge of Allegiance to the Flag. Call to Order 7:00 PM Meeting called to order on November 4, 2010 at Meeting Hall, 53095 Route 25, Southold, NY. Opening Comments SUPERVISOR RUSSELL: What I would like to do is invite anybody at this time that would like to comment on any issue as they appear on the agenda, to please feel free. Comment on any of the actions that are listed on the agenda. (No response) I. Reports Zoning Monthly Report II. Public Notices 1. US Army Corps of Engineers 2. NYSDEC - Notice of Complete Application 3. Liquor License Alteration 4. Liquor License Renewal 5. Nysdot 6. Board of Trustees 7. US Army Corps of Engineers - Notice of Application IlL Communications IV. Discussion 1. 9:00 A.M. - Tamara Artz November 4, 2010 Page 2 Southold Town Board Meeting Minutes 2. Sanitary Flow Credits Valuation 3. Set Public Hearing on Conway Acquisition 4. 9:30 A.M. - Melissa Spiro & Martin Finnegan 5. 10:00 A.M. - Jim Bunchuck 6. 10:30 A.M. - Lillian Ball 7. Bittner Property 8. Trash Cans at Road Ends 9. Appointment of New Members 10. Resignation 11. Establish Audit Committee 12. 12:00 P.M. - EXECUTIVE SESSION - Melissa Spiro, Land Preservation 13. 12:30 P.M. - EXECUTIVE SESSION - Litigation: Frank Isler, Esq. 14. EXECUTIVE SESSION- Labor Special Presentation 7:30 P.M. Webelo Presentation SUPERVISOR RUSSELL: I am going to ask the Webelos to come in now for a presentation of award. I just want to let the public know that we have this group of Webelos who have taken it upon themselves to create a monofilament disposal system at each of our more popular fishing areas. It is an ecologically, environmentally compelling project. I am going to give them a few minutes to set up the laptop (inaudible) and after we see the project, after they give us a small demonstration, I have some awards I would like to give out. When the Webelos came to us a few months ago we thought this was just such a wonderful idea, a compelling good cause. AMY BURNS: Hi everybody. My name is Amy Bums and I am a Cub Scout leader for the Webelos in Southold Pack 6 and our group has worked this year on a community project and it is the monofilament recycling project. So we are going to talk a little bit about it, demonstrate it and you guys can listen and enjoy. Thank you. WEBELO: (Unidentified) Did you know that it takes 600 years for fishing line, also known as monofilament, to decompose? This monofilament creates a hazard for boats, boaters, divers, swimmers and our local wildlife. This line can wrap around the motors of boats causing expensive repairs, can cause entanglement, severe cuts and even deaths for people and wildlife that become trapped in this line. If any animal swallows the monofilament, this animal will most likely starve because it cannot digest the line. One bad example of this was a turtle was recovered off the coast of New York with 60 feet of monofilament in its stomach. The same fishing line we are speaking about still had the fishing hook attached, adding to the danger. Used monofilament that has been broken or snipped off fishing lines can be found on land and water. Birds can tangle themselves on the line and then become further trapped in trees, causing certain death unless they are rescued. Beachcombers can also step on a sharp, rusty hook tangled in this line. WEBELO: (Unidentified) With the help of North Fork Environmental Council and the Town of Southold Office of Public Works director Jim McMahon, our Webelo den has developed a November 4, 2010 Page 3 Southold Town Board Meeting Minutes program to raise awareness of the importance of discarding monofilament properly. Canisters made from PVC material have been assembled and placed at six beaches that are active for fishing sites. These beaches include McCabe's, Goldsmiths, Horton's Point, Southold Town beach, Cedar beach and Kenney's beach. Anyone that finds loose monofilament or anglers that may have extra line can simply place the line in the canisters. Webelos from our den maintain and empty as needed. The line is collected and sent to Barkley Pure Fishing, the monofilament line recyclers. It is easy. WEBELO: (Unidentified) This is really just a canister that you can put fishing line into and then after, once it is filled up (inaudible) WEBELO: One issue that we have run into includes garbage bags being placed in the canisters. We may want to consider placing garbage cans next to the recycling bins. We also may want to consider creating an informational flyer that can be handed out with new fishing licenses and at bait and tackle shops. Our program can also be spotlighted on the town bulletin, on the public access channel. SUPERVISOR RUSSELL: Good job. Thank you very much. What I would like to do is call each of you up by name. We have a certificate of appreciation on behalf of the entire town for your efforts. First we have Sean Conway. Next we have Jacob Dominy. We have Billy Bums. We have Ryan Bums. We have John Birchey and Liam Corbley. And on a personal note, I want to thank each and everyone of you not just for this but because I actually have a six year old boy home and my six year old boy needs role models and I can't think of better role models then you young people make for him. So thank you very much for that. Why don't you all come on up here, so we can all say thank you. COUNCILMAN TALBOT: One thing those guys mentioned today was we had discussed earlier was the garbage cans. SUPERVISOR RUSSELL: At the, yes. We actually have come to a resolution at a Town Board level, which is off the agenda but that we are going to try to restore as much as we can, garbage cans at the road ends but the process of trying to remove the garbage cans and remove the magnet for garbage hasn't worked. The fact, the garbage is going to be there, with garbage cans at the road ends, at least we have a 50/50 shot that it will end up in the right place. COUNCILMAN KRUPSKI: And we are going to work with the police department on enforcement for household garbage being dumped... SUPERVISOR RUSSELL: For the misuse and abuse that we have spoke of in the past. COUNCILMAN ORLANDO: The beaches that these were set up are town beaches and they all had garbage pails on them. JUSTICE EVANS: They currently do. November 4, 2010 Page 4 Southold Town Board Meeting Minutes COUNCILMAN ORLANDO: They always did. They were never taken away. People just chose to put their garbage in some of those receptacle's. UNIDENTIFIED: Inaudible. COUNCILMAN ORLANDO: Not now, no. The season is over for the town beaches. COUNCILMAN TALBOT: Yes, we talked about that today. SUPERVISOR RUSSELL: That is what we .... Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, October 19, 2010 Vote ReCOrd - Acceptance of Minutes for October 19; 2010 4:30 PM Yes/Aye No/NaY Abstain Absent Wi0iam Ruland Voter [] [] D [] [] Accepted Vincent Orlando Voter [] [] [] [] [] Accepted as Amended Christopher Talbot Voter [] [] [] [] [] Tabled Albert Kmpski Jr. Seconder [] [] [] [] Louisa P. Evans Initiator [] [] [] [] Scott Russell Voter [] [] [] [] V. Resolutions 2010-859 CA TEGOR Y: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated November 3~ 2010. Vote Record - Resolution RES-20i0459 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] SupetMsor's Appt Christopher TalbOt ~C0r~der [] [] [] [] [] 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 2010-860 CA TE GO R Y: DEPARTMENT: Set Meeting Town Clerk November 4, 2010 Page 5 Southold Town Board Meeting Minutes Set Next Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, November 16, 2010 at Peconic Landing, 1500 Brecknock Road, Greenport, New York at 4:30 P. M.. Vote Record ~ Resolution RES-2010-860 [] 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 Krap~ki Jrl Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 860 SUPERVISOR RUSSELL: Let me just clarify, that is part of the Town Board's effort to take these meetings and move them out into the community. Our first one will be at Peconic Landing. As was just mentioned, we also anticipate in the near future having some document available with regard to the Mattituck corridor study and we are in the process of trying to set up a meeting in Mattituck, a future meeting in Mattituck. Again, the idea is to try to include the public in every part of the process. COUNCILMAN RULAND: Should it be noted that the work session is at a different place? SUPERVISOR RUSSELL: The work session is at Peconic Landing. UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: Okay. Thank you. COUNCILMAN RULAND: The work session is in the mansion. UNIDENTIFIED: Inaudible. COUNCILMAN RULAND: And the meeting is at the auditorium at Peconic Landing. SUpERV!50R RUSSELL: Okay: 2010-861 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Public Works Bittner Grant Extension November 4, 2010 Page 6 Southold Town Board Meeting Minutes Fiscal Impact: Extension of NYSDOS grant for the Bittner Preserve until 8/31/2011 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a grant extension agreement with the NYS Department of State in connection with the Bittner Preserve Improvement Proiect~ until August 31,2011, all in accordance with the approval of the Town Attorney. Vote Record - Resolution RES-2010-861 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Cltristopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] : [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-862 CATEGORY: DEPARTMENT: Budget Modification Land Preservation Budget Mod CPF Appraisals Fiscal Impact: Budget modification is needed to provide ample funds for overdrawn appraisal budget line and future anticipated appraisal costs for year 2010. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 Community Preservation Fund (2% tax) budget as follows: From: H3.8660.2.600.100 To: H3.8660.2.500.200 Land Acquisitions Appraisals $ 10,000.00 $ 10,000.00 Vote Record - Resolution RES-2010-862 [] Adopted [] Adopted as A~nended [] Defeated y~/Aye N~(Nay ~b~t~in ~bsent [] Tabled William Ruland Voter 1~ [] [] [] [] Withdrawn Vincent Orlando Initiator ~l [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr, Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action November 4, 2010 Page 7 Southold Town Board Meeting Minutes 2010-863 CATEGORY: DEPARTMENT: Committee Resignation Town Clerk Accept the Resignation of Ann Trimble from the Tree Committee and Appoint Gerard Oriental to Fill the Vacancy Created by Her Resignation RESOLVED that the Town Board of the Town of Southold hereby accepts~ with regret~ the resignation of Ann Trimble from the Tree Committee, effective immediately, and be it FURTItER RESOLVED to appoint Gerard Orientale~ effective immediately through March 31, 2011, to fill the vacancy created by A. Trimble's resignation. Vote Record - Resolution RES-2010-863 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] 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 I~l [] [] [] [3 Supt Hgwys Appt [] No Action 2010-864 CA TE GO R Y: DEPARTMENT: Committee Resignation Town Clerk Board of Ethics Resignation of Meguin and Advertise RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Robert R. Meguin from the position as a member of the Southold Town Board of Ethics~ effective immediately, and be it further RESOLVED that the Town Board authorizes and directs the Town Clerk to advertise for resumes to fill the vacancy. Vote Record - Resolution RES-2010-864 [] Adopted [] Adopted as Amended [3 Defeated Yes/Aye No/Nay Abstain Absent [] Tabled Willimn Ruland Voter [] [] [] [] [] Witbdmwn Vincent Orlando Voter [] [] [] [] [] Supcrvisor's Appt Christopher lalbot 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 2010-865 November 4, 2010 Page 8 Southold Town Board Meeting Minutes CA TE GO R Y: DEPARTMENT: Budget Modification Town Attorney Budget Modification Fiscal Impact: Town Board engaged consultant in Bombara Coastal Erosion Management Appeal and fund now needs to be appropriated for the consultant's fees. RESOLVED that the Town Board of the Town of Southold hereby modifies the Town Board 2010 General Fund Whole Town budget as follows: TO: A. 1010.4.500.300 Town Board - Environmental Consultant $2,750.00 FROM: A. 1990.4.100.100 Unallocated Contingencies $2,750.00 Vote Record - Resolution RES-2010-865 [] Adopted [] Adopted as Amended [] Defeated ~e~AY~ N°~Na~ Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Initiator [] [] [] [] [] Tax Receiver's Appt Alberl Krapski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] iD [] [] Town Clerk's Appt Scott Russell Voter [] [] Supt Hgwys Appt [] No Action 2010-866 CATEGORY: DEPARTMENT: Budget Modification Town Attorney Budget Modification Fiscal Impact: appropriate additional funds to Town Attorney Legal Books RESOLVED that the Town Board of the Town of Southold hereby modifies the Town Attorney 2010 General Fund Whole Town budget as follows: TO: A. 1420.4.100.200 Town Attorney - Books $3,000.00 FROM: A.1420.4.500.100 Town Attorney - Legal Counsel $2,000.00 A.1420.4.600.200 Town Attorney Meetings & Seminars $1,000.00 November 4, 2010 Page 9 Southold Town Board Meeting Minutes Vote Record - Resoluti0n RES-20104166 [] Adopted [] Adopted as Amended [] Det~ated ~Aye Ng(N~ ~bstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn VIncent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albea Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-867 CA TEGOR Y: DEPARTMENT: Budget Modification Assessors 2010 Budget Mod. - Assessors Fiscal Impact: This budget modification is to cover the sick and vacation payout for a retiring employee. RESOLVED that the Town Board of the Town of Southold hereby modifies the Whole Town, General Fund 2010 budget as follows: To~ A1355.1.100.300 A1355.1.100.400 From: A1355.1.200.100 Board of Assessors Full Time Employees Vacation Earnings Board of Assessors Full Time Employees Sick Earnings Board of Assessors Part Time Employees Regular Earnings $2381.66 1810.06 $4191.72 Vote Record - Resolution RES-2010-867 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supe~visor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr, Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action November 4, 2010 Page 10 Southold Town Board Meeting Minutes 2010-868 CATEGORY: DEPARTMENT: Budget Modification Highway Department 2010 Budget Mod - Highway Fiscal Impact: The reason for this budget modification is due to the fact that the line item(s) balances had to be increased as there was insufficient funding in each of these respective lines. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 Highway Fund Part Town budget as follows: To~: DB.5110.4.100.905 General Repairs DB.5110.4.100.960 DB.5140.4.100.550 DB.5140.4.100.600 DB.5140.4.400.600 DB.5140.4.600.600 DB.5142.4.100.920 Contractual Expense Supplies & Materials Asphalt Patch General Repairs Contractual Expense Supplies & Materials Drain Pipe/Rings/Covers Brush & Weeds/Miscellaneous Contractual Expense Supplies & Materials Equipment Parts/Supplies Brush & Weeds/Miscellaneous Contractual Expense Supplies & Materials Uniforms Brush & Weeds/Miscellaneous Contractual Expense Contracted Services Office Equipment Maintenance/Repair Brush & Weeds/Miscellaneous Contractual Expense Miscellaneous Dues & Subscriptions Snow Removal Contractual Expense Supplies & Materials Sand From: DB.5110.4.100.975 General Repairs Contractual Expense Supplies & Materials $ 2,300.00 $ 5,792.00 $ 3,197.00 $1,000.00 $ 285.00 $ 60.00 $ 4,000.00 TOTAL: $16,634.00 November 4, 2010 Page 11 Southold Town Board Meeting Minutes DB.5130.4.100.500 DB.5140.4.100.125 DB.5140.4.100.700 DB.5140.4.100.900 DB.5140.4.400.150 DB.5140.4.100.100 DB.5140.4.600.400 DB. 5142.4.100.935 Steel Machinery Contractual Expense Supplies & Materials Parts & Supplies Brush & Weeds/Miscellaneous Contractual Expense Supplies & Materials Miscellaneous Supplies Brash & Weeds/Miscellaneous Contractual Expense Supplies & Materials Safety Gear Brush & Weeds/Miscellaneous Contractual Expense Supplies & Materials Landscaping Materials Brush & Weeds/Miscellaneous Contractual Expense Contracted Services Rubbish Disposal Brush & Weeds/Miscellaneous Contractual Expense Supplies & Materials Office Supplies Brush & Weeds/Miscellaneous Contractual Expense Miscellaneous Postage Snow Removal Contractual Expense Supplies & Materials Rock Salt TOTAL: $ 2,300.00 $ 5,792.00 $ 261.00 $1,251.00 $1,685.00 $1,000.00 $ 285.00 $ 60.00 $ 4,000.00 $16,634.00 Vote RecOrd - Resolution RES-2010-868 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] labled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action November 4, 2010 Page 12 $outhold Town Board Meeting Minutes 2010-869 CA TE G OR Y: DEPARTMENT: ClosefUse Town Roads Town Clerk 2010 Turkey Trot RESOLVED that the Town Board of the Town of Southold hereby grants permission to Mattituck-Cutchogue Teachers' Association to use the following route for its 2010 Turkey Trot in Mattituck, on Thursday, November 25, 2010: beginning at Mattituek High School~ head south on Maple Avenue~ cross Route 25 to Reeve Avenue[ head south~ left on to New Suffolk Avenue[ proceed eash right onto Marratooka Road; proceed south~ loop left on Center Drive and Bungalow Avenue back to right on to Marratooka[ cross New Suffolk Avenue onto Marratooka Lane~ left on Route 25[ head west, right onto Wickham Avenue, proceed north, right onto Pike Street, finish at the school; provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. The fees have been waived for this event. Vote ReCord - Resolution RES~2010~869 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter ~ [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [3 Supt Hgwys Appt [] No Action 2010-870 CA TEGO R Y: DEPARTMENT: Budget Modification Police Dept Budget Modification - Police Department Fiscal Impact: This budget modification is necessary to appropriate funds for the police vehicle maintenance & repair line due to the increase pf motor vehicle accidents from last year. A recent accident involving a deer cost $4800 to repair alone. Money is also needed to increase the police vehicle impound line clue to more tows to the impound than anticipated. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Whole Town budget as follows: From: A.3120.2.300.100 Police, Equipment November 4, 2010 Page 13 Southold Town Board Meeting Minutes To~: A.3120.4.400.650 A.3120.4.400.700 Automobiles $5700 Police, C.E. Vehicle Maim & Repairs $5000 Police, C.E. Vehicle Impound $700 Total $5700 Vote Record - Resolution RES~2010-870 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Initiator [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Sco~ Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-871 CA TE GO R Y: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the Cutchogue Fire Department to Hold Its Annual Halloween Children's Parade in Cutchogue, on Sunday, October 31, 2010 Beginning at 5.'30 PM RESOLVED that the Town Board of the Town of Southold hereby amends resolution 2010-847, to read as follows: RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Cutchogue Fire Department to use the following route for its Annual Halloween Children's Parade in Cutchogue, on Sunday, October 31, 2010 beginning at 5:30 PM: begin at ....... ,,,~ West Sch~,c,! ~ r~_~,, ..... ~, ~^ ,~ ~:~ o^,,~ v,'c~, the Vdlage Green~ Case's Lane~ proceedin~ east on Main Road to New Suffolk Road, south on New Suftblk Road to the Cutchogue Firehouse, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to ex~aluate the use of town roads. All fees shall be waived. November 4, 2010 Page 14 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2010-871 [~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] iD [] [] [] Withdrawn Vincent Orlando Voter [] [3 [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [3 Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] Supt Hgwys Appt [] No Action 2010-872 CA TE GO R Y: DEPARTMENT: Budget Modification Fishers Island Ferry District 2010 Budget Mod - Fi Fiscal Impact: Fishers Island Ferry District repairs RESOLVED that the Town Board of the Town of Southold hereby authorizes the following 2010 Fishers Island Ferry District budget modification as recommended by the Board of Commissioners: TO: EXPENDITURES: SM 5709.2.000.100 SM 5709.2.000.200 FROM: EXPENDITURES: SM.5709.2.000.000 Repairs; Rental Buildings New roofs Repairs: Docks and Terminal New roofs Repairs; Other $17,000.00 $17,000.00 $34,000.00 Vote Record - Resolution RES-2010-872 [] 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 [] [] [] E] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] To~vn Clerk's Appt Scott Russell Voter [] [] D [] [] Supt Hgwys Appt [~ No Action 2010-873 CA TE G O R Y: DEPARTMENT: Attend Seminar Justice Court November 4, 2010 Page 15 Southold Town Board Meeting Minutes d~tdge Price Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Judge William It. Price~ Jr. to attend a seminar on NY Magistrates Training and Convention in Callicoon~ New York~ on September 26-28~ 2010. All expenses for registration, travel and lodging to be a legal charge to the 2010 Justice Court budget (meetings and seminars). Vote Record - Resolution RES-2010-873 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled Willimn Ruland Voter [] [3 [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert ga-upski Jr. initiator [] [] [] [] [] Rescinded Louisa P, Evans Voter [] 13 [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-874 CA TE GO R Y: DEPARTMENT: Authorize to Bid Town Clerk 2011 Yearly Town Bids RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the following items for 2011: Milk for the Human Resource Center Purchase of Police Department Uniform Clothing Cleaning of Police Department Uniform Clothing Gasoline for Town Vehicles Heating Fuel Oil for Town Buildings Diesel Fuel Oil for Highway Department and Transfer Station Bulk Ice Control Sand for the Highway Department Removal of Scrap Tires from the Transfer Station Town Brown Leaf Bags Town Yellow Garbage Bags Removal of Electronic Waste (E-Waste) November 4, 2010 Page 16 Southold Town Board Meeting Minutes Vote Record -Resolution RES-2010-874 [] Adopted [] Adopted as Amended [] Defeated Ves/A~ N0/N~Y Abstain Absent [] Tabled William Ruland Voter [] [] [3 [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Seconder [] El [] [] Voter [] [] O [] [] Tax Receiver's Appt Albert Krupski Jr. [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-875 CATEGORY: DEPARTMENT: Attend Seminar Human Resource Center Approval for HRC Director to Attend SCOFA Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Karen McLaughlin, Town Director of Human Services to attend a seminar sponsored by the New York State Office for the Aging and the Administration for A~,im, on "Servin~ Diverse Communities" in Hauppauge, on November 9, 2010. All expenses for travel to be a legal charge to the 2010 Programs for the Aging budget. Vote Record - Resolution RES-2010-875 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye : No/Nay Abstain Absent [] Tabled William Ruland Voter [] : [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Initiator [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [3 No Action 2010-876 CA TE GO R Y: DEPARTMENT: Policies Town Attorney TOS Time Management System Policy RESOLVED that the Town Board of the Town of Southold hereby replaces the Time Management System Policy, adopted by Resolution No. 2008-112 on January 15, 2008, with the following: TOWN OF SOUTHOLD TIME MANAGEMENT SYSTEM POLICY November 4, 2010 Page 17 Southold Town Board Meeting Minutes The Town of Southold has implemented the Kronos Time Management System in order to facilitate standardization, accuracy, consistency, and uniformity in timekeeping in all Town Departments and to automate the payroll process and eliminate unnecessary paperwork. In accordance with §46 of the Town's Agreement with the CSEA and further to the provisions of §401 of the Town of Southold Employee Handbook, the Town Board of the Town of Southold hereby adopts the following policies with respect to timekeeping by Town employees: Punching In and Out on Kronos System. Unless otherwise exempt by the Town Board, all employees must punch in using a Kronos time clock upon arrival to and departure from their respective work sites. Employees may use the touch ID terminals or log onto their computers and sign in through the software application and cnnployees must punch only themselves in. There shall be no sharing of passwords. Work Hours. Unless otherwise dictated by the provisions of the Town's Agreement with the CSEA, or approved by the Department Head or Supervisor, the workday for Town employees commences at 8:00 a.m. and concludes at 4:00 p.m. with one (1) hour for lunch. Kronos will handle deviations from that schedule as follows: (a) Rounding - Employees punching in up to seven (7) minutes before their normal work hours will have their time automatically rounded up to their regular starting time. For example, if an employee who is scheduled to work from 8:00 a.m. to 4:00 p.m. punches in at 7:53 a.m., Kronos will round up the time to 8:00 a.m. (b) Early Punches - Employees arhving more than seven (7) minutes before their scheduled workday may not clock in early and may not commence working without prior approval by the Department Head. (c) Mandatory Lunch Break Deductions - In most instances, full-time employees who are entitled to a lunch break are not required to punch in and out during their lunch periods as the Time Management System automatically deducts thirty (30) or sixty (60) minutes from the employee's shift totals for the day for lunch breaks. With prior approval, the Department Head may allow a full-time employee who is entitled to a lunch break to work through all or part of his or her lunch period. The employee may receive compensatory time for time worked during the lunch period to the extent that it results in an entitlement to compensatory time under the relevant Union Contract. Part-time employees who are entitled to a lunch break are required to punch out and punch back in for their lunch breaks. (d) Unexcused and Excused Absences - Unexcused absences, including late starting times or early quitting times, shall not be considered hours worked for pay purposes. Department Heads are responsible for entering appropriate pay codes for employees taking time off: November 4, 2010 Page 18 Southold Town Board Meeting Minutes (e) Approvals - It is the Department Head's responsibility to approve and sign offon each employee's time record in the Kronos System at the end of each pay period so that the employee can be paid. Department Heads are responsible for submitting: 1. No later than the Monday after the last pay date, an approved "Employee Time Sheet for Hourly and Part-Time Employees" for the biweekly pay period. 2. No later than the 10th of the month, an approved "Benefit Time Sheet" for the prior month for each employee that accrues leave time with any approved leave slips attached. Vote Record - Resolution RES-2010-876 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye N~/N~y Abst~i~ Abs~nt [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawa Vincent Orlando Voter [] [] [3 [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-877 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute Supplemental Agreement #3 Between the Town of Southold and the New York State Department of Transportation in Connection with Contract #KOO6887 for the Runway Crack Repair and Sealing, Phase H (Design and Construction) Project at Elizabeth Field Airport, Fishers Islan& New York RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute Supplemental A~reement #3 between the Town of Southold and the New York State Department of Transportation in connection with Contract #K006887 for the Runway Crack Repair and Sealine, Phase II (design and construction) Proiect at Elizabeth Field Airporh Fishers Island, New York~ subject to the approval of the Town Attorney. Vote Record - Resolution RESt2010-877 [] Adopted [] Adopted as 3anended [] Det~ated Yes/Aye No/Nay Abstain Absent [] Tabled William Rul~nd Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albe~ Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell hritiator [] [] [] [] [] Supt Hgwys Appt [] No Action November 4, 2010 Page l 9 Southold Town Board Meeting Minutes 2010-878 CA TE GO R Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Modification Agreement Form Between the Town of Southold and the New York State Department of State in Connection with Extending the Funding for Agreement #C006793 (Planning, Design & Construction for 11 Stormwater Management Projects) to June 30, 2011 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Modification Agreement Form between the Town of Sonthold and the New York State Department of State in connection with extending the funding for Agreement #C006793 (Planning~ Design & Construction for 11 Stormwater Management Proiects) to June 30, 2011, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2010-878 I~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [3 [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiven-'s Appt Albert Krupski Jr. Initiator [] [3 [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter F~ [] [] [] [] Supt Hgwys Appt [] No Action 2010-879 CA TE GO R Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Modification Agreement Form Between the Town of Southold and the New York State Department of State in Connection with Extending the Funding for Agreement #C006792 (Revision of Town Code to Implement Stormwater Managemen0 to March 31, 2011 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Modification Agreement Form between the Town of Southold and the New York State Department of State in connection with extending the funding for Agreement #C006792 (revision of Town Code to Implement Stormwater Management) to March 31~ 2011, subject to the approval of the Town Attorney. November 4, 2010 Page 20 Southold Town Board Meeting Minutes Vote R~cord - Resolution RES-2010-879 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye I/0/Nay Abstain Absent [] Tabled ~iiiiam Roland Seconder [~ [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] D [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scoit Russell Voter [] [] : [] [] [] Supt Hgwys Appt [] No Action 2010-880 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Modification Agreement Form Between the Town of Southold and the New York State Department of State in Connection with Extending the Ftmdingfor Agreement #C006791 (Construction and Sand-Bypassing for Goldsmith's Inlet Erosion Managemen0 to October 1, 2011 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Modification Agreement Form between the Town of Southold and the New York State Department of State in connection with extending the funding for Agreement #C006791 (construction and sand-bypassing for Goldsmith's Inlet Erosion Management) to October 1~ 2011, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2010-880 [] Adopted [] Adopted as Amended [] Del~ated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter ~ El [] [] [] Supervisor's Appt Ch~Sstopher Talbot Initiator [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-881 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Modification Agreement Form Between the Town qf Southold and the New York State Department of State in Connection with Extending the Funding for Agreement #C006789 (Planning and Development of Southold Town Code Revisions) to December 31, 2011 November 4, 2010 Page 21 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 Modification Agreement Form between the Town of Southold and the New York State Department of State in connection with extendin~ the funding for Agreement #C006789 (Planning and Development of Southold Town Code Revisions) to December 31~ 2011, subject to the approval of the Town Attorney. Vote Record - Resolution REs-2010-881 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn ~incent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albe~ KmPski Jr: Voter [] [] [] [] [] RescMded Louisa P. Evans Seconder [] [] [] [] [] Town Cl~rk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-882 CATEGORY: Tax Lien DEPARTMENT: Town Clerk FISD Lien - Doherty RESOLVED that the Town Board of the Town of Southold, in accordance with Article XV, Section 215-50 of Chapter 215 of the Code of the Town of Southold, hereby determines that the Fishers Island Sewer District rent owed by Carolyn Juleen Doherty and Thomas F. Doherty, Jr. in the amount of $2421.56 for the year of 2010 which rent remains unpaid~ shall be levied against the real property of Carolyn and Thomas F. Doher~., Jr. (Carolyn Juleen Doherty SCTM #1000-12-1-2)~ and shall be collected at the same time and in the same manner as Town taxes. Vote Record - Resolution REs-2010-882 [] Adopted [] Adopted as Amended [] Def~ated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] El Supt Hgwys Appt [] No Action Comments regarding resolution 882 SUPERVISOR RUSSELL: I believe the Suffolk County tax act allows the town to charge a 1% collection fee in addition to that. I would recommend that we pass this resolution and direct the Town Attorney to see if, because we are doing this as an annual thing and I don't think it is inappropriate at this point to have the Town be paid for its... November 4, 2010 Page 22 Southold Town Board Meeting Minutes JUSTICE EVANS: I agree but I think we need to look into it because (inaudible) .... SUPERVISOR RUSSELL: Converting it to a tax lien. COUNCILMAN ORLANDO: We read this every year. SUPERVISOR RUSSELL: I know we do. I know we do and it gets to the point where the Town isn't a collection agent and I think the taxpayers should be reimbursed for any of those administrative costs. However, I will take the resolution as read. COUNCILMAN KRUPSKI: I would add, 1 liked your suggestion, add that on and then if it is inappropriate, we can delete it, we can change it later. I would add it on now. 2010-883 CATEGORY: DEPARTMENT: Employment - Town Town Attorney Appoint Michael Conroy/Pumpout Boat Operator RESOLVED that the Town Board of the Town of Southold hereby appoints Michael L. Conroy to the position of Pumpout Boat Operator for the Trustees in waters around Fishers Island, effective November 1, 2010 through December 13, 2010, at a rate of $16.00 per hour. Vote Record - Resolution RES-2010-883 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt CIn'istopher Talbot Voter [] [3 [] [] [] Tax Receiver's Appt Albe~ Krupski Jr, Initiator [] [3 [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-884 CA TEGOR Y: DEPARTMENT: Employment - Town Accounting Appoint Part Time Clerk Typist Assessors Q£fice RESOLVED that the Town Board of the Town of Southold hereby appoints Mary Hydell to the position of part-time Clerk Typist for the Assessors Department, effective November 8, 2010, at a rate of $12.74 per hour. November 4, 2010 Page 23 Southold Town Board Meeting Minutes Vote Record = Resolution RES-2010-884 [] 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 Aibe~ Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] : [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Comment regarding resolution 884 SUPERVISOR RUSSELL: Yes, this was, again, the Town's policy of aggressive attrition. This particular position, the employee had opted into the state retirement system, that long term employee retired: We are replacing that full-time employee with a part-ti~ emp!oyee: 2010-885 CATEGORY: DEPARTMENT: Attend Seminar Police Dept Grant Permission to Detective Steven Harned to Attend Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective Steven Harned to attend a Taser Technician and Evidence Collection Analysis Course at the Suffolk County Sheriff's Academy in Brentwood, New York~ November 15th through November 17tl~ 2010. All expenses for registration and travel to be a legal charge to the 2010 Police Training Budget Line. Vote Record - Resolution RES-2010-885 [] Adopted [] Adopted as Amended [] Defeated ~s/AYe No(Nay Abstain Absent E] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vinceut Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Initiator [] : [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescfl~ded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-886 CATEGORD DEPARTMEN~ Budget Modification Police Dept Budget Modification - Police Department Fiscal Impact: This budget modification is necessary to provide uniforms to the two new Public Safety Dispatchers. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General November 4, 2010 Page 24 Southold Town Board Meeting Minutes Fund Whole Town budget as follows: From: A.3020.4.100.550 To~: A.3020.4.100.600 Public Safety Communications Equipment Parts/Supplies Public Safety Communications Uniforms & Accessories $1000 $1000 Vote Record - Resolution RES-2010-886 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] NO Action 2010-887 CA TEGOR Y: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Seott A. Russell to Execute the Statement of Work Between the Town of Southold and Kronos in Connection with an Upgrade to the Kronos Time Management System RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Statement of Work between the Town of Southold and Kronos in connection with an upgrade to the Kronos Time Management System, in the amount of $27,443.00 (budget line item H.1680.2.400.100), subject to the approval of the Town Attorney. Vote Record - Resolution RES-2010-887 [] Adopted [] Adopted as Amended [] Det~ated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [2] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Alberl Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-888 CA TEGOR Y: DEPARTMENT: Policies Town Attorney November 4, 2010 Page 25 Southold Town Board Meeting Minutes Adopt Farmland Preservation Bond Policy WHEREAS, on August 28, 2007, the Town Board of the Town of Southold adopted a Bond Resolution (No. 2007-715) authorizing the acquisition of interests or rights in aghculmral lands for an estimated cost of $4 million dollars ("Farmland Bond"); and WHEREAS, at the Biennial Town Election held on November 6, 2007, a proposition for the approval or disapproval of this Bond Resolution was submitted as a Proposition to the qualified voters of the Town, who approved the Bond Resolution; and WHEREAS, a Policy entitled "Town of Southold, New York, Farmland Preservation Bond Policy" was developed to provide guidelines and general parameters for the appropriation of the funding provided under the Farmland Bond to ensure that the funds are used to further the public purpose of preserving bonafide agricultural lands in the Town of Southold. NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold hereby adopts the "Farmland Preservation Bond Policy" dated November 4, 2010. Vote Record - Resolution RES-2010,888 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withch'awn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert ICaupski Jr. Initiator [] [] F1 Fl [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-889 CA TE GO R Y: DEPARTMENT: Property Acquisition Public Hearing Land Preservation PH 11/16/10 Conway Estate Preservation RESOLVED that the Town Board of the Town of Southold hereby sets Tuesday~ 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± 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 S CTM #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 31± acre acquisition which will occur in a two part purchase. November 4, 2010 Page 26 Southold Town Board Meeting Minutes 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 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 agricultural values. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Vote Record - Resolution RES-2010-889 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supe~Msor'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 2010-890 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes Supervisor Scott A. Russell to Retain Given Associates to Complete the Necessary Research and a Letter of Appraisal in Connection with Estimating the Value of Affordable Housing District Credits RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to retain Given Associates to complete the necessary research and a letter of appraisal in connection with estimating the value of Affordable Housing District Credits, November 4, 2010 Page 27 Southold Town Board Meeting Minutes in accordance with their Proposal dated October 22, 2010, at a cost not to exceed $750.00, subject to the approval of the Town Attorney. Vote Record - Resolution RES.2010-890 [] Adopted [] Adopted as Amended [] Defeated ~s/AYe No/Nay Abstain Absent [] Tabled Wiliiam Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Initiator [] [] [] [] [] Tax Receiver's Appt Atbert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] : [] [] [] Town Clerk's Appt Scott Russell Voter [] Supt Hgwys Appt [] No Action 2010-891 CA TE GO R Y: DEPARTMENT: Budget Modification Fishers Island Ferry District 2010 FIFD Budget Modification Fiscal Impact: Budget modification necessary to.fund over budget lines RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 Fishers Island Ferry District budget as follows: TO: EXPENDITURES: SM 1310.4.000.000 SM 5710.4.000.000 SM 7155.4.000.000 FROM: EXPENDITURES: SM.1989.4.000.000 Accounting GSB Audit, DBB Report Operations, Other Drug testing, License reimburse Theatre Additional marquee work Total $10,000.00 $5,000.00 $4,000.00 $19,000.00 Fund Deficit $19,000.00 Total $19,000.00 November 4, 2010 Page 28 Southold Town Board Meeting Minutes Vote Record. ReSolution RES-2010-891 [] Adopted [] Adopted as Amended [] Defeated Yes/AYe N~!N~y Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] O [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Sco~ Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-892 CATEGORY: DEPARTMENT: Employment - Town Accounting Fishers Island Longevity Frederick C. Barrett WHEREAS, the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their November 3, 2010 meeting increasing the wages of full-time purser Frederick C. Barrett by 6% due to 20 years longevity effective November 8, 2010, and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby increases the salary of Frederick C. Barrett, Purser, Fishers Island Ferry District, by 6% effective November 8, 2010. Vote Record - Resolution RES-2010-892 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christ0phe~ Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Seconder [] [] [] [] [] Rescinded kouisa P. Evans Voter [] [] [] [] [] To~vn Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Comment regarding resolution 892 COUNCILMAN ORLANDO: And just for the record, Fishers Island Ferry District has their own taxing district. Their budget it not affected by our budget and vice versa, that we are talking about tonight. 2010-893 CA TE G O R Y: DEPARTMENT: Bid Acceptance Public Works Mobile Trailer - Scavenger Waste Plant November 4, 2010 Page 29 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of DF Stone Contracting~ Ltd for the 8' X 32' Mobile Trailer at the Scavenger Waste Plant in the amount of $ 257. Vote Record - Resolution RES+2010-893 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye N0(NaY Abstain Absent [] Tabled William Ruland voter [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] Initiator [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] Rescinded Louisa P. Evans Voter [] [] [] [] [3 Town Clerk's Appt Scott Russell Voter [] [] [] [] El Supt Hgwys Appt [] No Action 2010-894 CA TEGOR Y: 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/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Seconder [~ [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Albert Krupski Jr. Voter [] [] [] [] [] Town Clerk's Appt Louisa P. Evans Initiator [] Supt Hgwys Appt Scott Russell Voter [] [] [] [] [] No Action Next: Nov 16, 2010 4:30 PM 2010-895 CA TE GOR Y: Grants DEPARTMENT: Public Works Contract Laurel Lake Demolition & Debris Removal November 4, 2010 Page 30 Southold Town Board Meeting Minutes Fiscal Impact: This project is funded in full by a grant from NYS 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. Vote Record - Resolution RES=2010-895 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot initiator [] [] [] [] [] Tax Receiver's Appt Albert IQ~pski Jr. Voter [] [] [] [] [] Reschaded [] Town Clerk's Appt Louisa P. Evans Voter [] [] [] [] [] Supt Hgwys Appt Scott Russell Voter [] [] [] [] [] No Action Next: Nov 16, 2010 4:30 PM 2010-896 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Appoint Meaghan Burke and Derek Bossen to the Conservation Advisory Council RESOLVED that the Town Board of the Town of Southold hereby appoints the following to the Southold Town Conservation Advisory Council, effective immediately: Meaghan Burke, effective through March 31, 2012 Derek Bossen, effective through March 31,2011 Vote Record - Resolution RES-2010-896 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopbcr Talbot Voter [] [] [] [] [] Tax Receiw-r's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-897 CATEGORY: Committee Appointment November 4, 2010 Page 31 Southold Town Board Meeting Minutes DEPARTMENT: Town Clerk Establish an Audit Committee and Appoint Members to the Committee RESOLVED that the Town Board of the Town of Southold, at the recommendation of the Town auditors, hereby establishes the Audit Committe~, a Town Board Standing Committee. The following are appointed to the committee: Supervisor Scott Russell Councilman William Ruland Councilman Christopher Talbot Community Member with finance background Vote Record ~ Resolution RES-2010-897 [] Adopted [] Adopted as Amended [] Defeated Ye~/Aye No(Nay ~bstMn Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert gwupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 897 SUPERVISOR RUSSELL: I am going to add to that and suggest that anyone who would be willing to serve on an audit committee, I am looking for a few people in the community with a background in finance, etc., to feel free to contact my office so we can expand the membership of that committee down the road. 2010-898 CATEGORY: DEPARTMENT: Public Service Town Attorney Solid Waste Transfer Station Fees RESOLVED that the Town Board of the Town of Southold hereby waives tipping fees associated with the disposal of metal at the Solid Waste Transfer Station; and be it further RESOLVED that the Town Board of the Town of Southold hereby establishes a reduced fee for disposal of municipal solid waste at the Solid Waste Transfer Station of $82.50 per ton for carters disposing 100 tons or more per month, effective immediately. November 4, 2010 Page 32 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2010-898 [] Adopted [] Adopted as 3anended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn V[ncent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupsk! Jr. !n!t!ator [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 41. Comments regarding resolution 898 SUPERVISOR RUSSELL: I just want to clarify that we will no longer be charging residents for disposing of metal at the landfill. You are free to bring it in for free, we will reconfigure the recycling area so to make it as convenient for you as possible. There will be a section there devoted solely to metal. 2010-899 CATEGORY: DEPARTMENT: Property Acquisition Purchase Land Preservation KKP, LLC 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 development rights easement on a certain parcel of property owned by KKP, LLC on the 4th 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 #1000-120.-3-11.9. The address is 750 Sound Avenue in Mattituck. The property is located in the A-C zoning district and is situated on the southerly side of Sound Avenue approximately 409 feet westerly from the intersection of Aldrich Lane and Sound Avenue in Mattituck, New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 84- acres (subject to survey) of the 10~ acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the easement will be acquired using Community Preservation Funds. The purchase price is $63,000 (sixty three thousand dollars) per buildable acre for the 84- acre easement plus acquisition costs; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and aquifer recharge area values; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands November 4, 2010 Page 33 Southold Town Board Meeting Minutes Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; and, WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by KK, LLC, identified as part of SCTM //1000-120.-3-11.9. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. Vote Record - Resolution RES-2010-899 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Ahstain Ahsent [] Tabled William Ruland Seconder [] [] [] [] [3 Withdrawn Vincent Orlando Voter [] [] [] UI [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] 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 November 4, 2010 Page 34 Southold Town Board Meeting Minutes RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 7:45 P.M. in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUSI MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Set PH for 2011 Budget This public hearing on the 2011 Town Budget was closed at 7:08 PM RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Justice Louisa P. Evans SUPERVISOR RUSSELL: We are waiting for one council member, but I think what we will do is just go ahead and start the public heating for the budget. Will everyone please rise for the Pledge? JUSTICE EVANS: NOTICE IS HEREBY GIVEN that the Preliminary Budget and Preliminary Capital Budget of the Town of Southold, Suftblk County, New York for the fiscal year beginning on January 1,2011 has been prepared and approved by the Southold Town Board and filed in the Office of the Town Clerk at the Southold Town Hall, 53095 Main Road, Southold, New York, where they are available for inspection and where copies may be obtained by any interested person during business hours. FURTHER NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Southold will meet and review said Preliminary Budget and Preliminary Capital Budget and hold a public hearing thereon at the Southold Town Hall, 53095 Main Road, Southold, New York, in said Town at 4:00 p.m. and at 7:00 p.m., on Thursday, November 4, 2010, and at such hearing any persons may be heard in favor of or against the 2011 Preliminary Budget and 2011 Preliminary Capital Budget as compiled, or for or against any item or items therein contained. FURTHER NOTICE IS HEREBY GIVEN that pursuant to Section 108 of the Town Law, the following are proposed yearly salaries of members of the Town Board, the Town Clerk and the Superintendent of Highways: SCHEDULE OF SALARIES OF ELECTED OFFICIALS (Article 8 of Town Law) Officer Supervisor Members of the Town Board (4) ~ Town Justice and Member of the Town Board, Fishers Island Town Justices (2) ~ Salary 90,472 31,270 49,048 66,682 November 4, 2010 Page 35 Southold Town Board Meeting Minutes Town Clerk $ 93,886 Superintendent of Highways $ 99,691 Tax Receiver $ 36,061 Assessors (3) ~ $ 68,862 Trustees (5) ~ $ 16,103 SUMMARY OF TOWN BUDGET 2011 PRELIMINARY Appropriations Less: Less: and Amount to Provisions Estimated Unexpended be for Other Raised by Code Fund Uses Revenues Balance Tax A General $ 27,230,116 $ 3,960,663 $1,535,000 $21,734,453 B General-Outside Village 2,119,124 1,094,760 241,000 783,364 DB Highway Fund 5,185,250 373,319 228,000 4,583,931 CD Community Development 130,000 130,000 CS Risk Retention Fund 506,000 506,000 H3 Community Preservation Fund 5,095,000 2,895,000 2,200,000 MS Employees Health Plan 4,066,632 3,687,632 379,000 Total-Town $ 44,332,122 $12,647,374 $ 4,583,000 $27,101,748 DB1 Orient Road Improvement Dist $ 3,815 $ $ 850 $ 2,965 SF East-West Fire Protection Dist 714,563 500 1,500 712,563 SM Fishers Island Ferry District 3,182,000 2,400,000 132,000 650,000 SR Solid Waste Management Dist 3,842,996 1,858,750 107,000 1,877,246 SS1 Southold Wastewater District 177,385 177,385 SS2 Fishers Island Sewer District 34,800 30,100 4,700 F.I. Waste Management Dist 607,660 51,000 40,000 516,660 Orient Mosquito District 80,000 80,000 Subtotal-Special Districts $ 8,643,219 $ 4,340,350 $ 463,435 $ 3,839,434 Orient-East Marion Park District $ 34,250 $ 34,250 Southold Park District 315,000 315,000 Cutch.-New Suffolk Pk Dist. 142,083 12,083 130,000 Mattituck Park District 566,860 28,500 106,000 432,360 Subtotal-Park Districts $ 1,058,193 $ 28,500 $ 118,083 $ 911,610 Fishers Island Fire District $ 359,700 $ 3,300 $ 356,400 Orient Fire District East Marion Fire District 557,952 42,111 20,000 495,841 Southold Fire District 1,768,300 21,856 1,746,444 Cutchogue Fire District 1,205,540 2,000 125,000 1,078,540 Mattituck Fire District 1,784,503 1,784,503 Subtotal-Fire Districts $ 5,675,994 $69,267 $145,000 $ 5,461,727 November 4, 2010 Page 36 Southold Town Board Meeting Minutes I Total-Ail Districts I $ 15,377,4061 $4,438,117 I $726,518 I $10,212,771 I I 6randTotalsThisPage I $ 59,709,5281 $17,085,491 I $5,309,518 I $37,314,519 I There is an affidavit from the Town Clerk that it was posted on the Town Clerk's bulletin board and I think there is an affidavit that it was published in the Suffolk Times and that is it. Supervisor Russell SUPERVISOR RUSSELL: What I would like to do is just preface the discussion comment with just a small statement that I said at 4:00 as well. If you know anything about this Town Board, you know that we do listen to public comment and we understand that there had been a lot of concerns and we did receive many emails with regard to various things, particularly raises for elected officials. This Town Board is interested in hearing everything you have to say, there is no intent to adopt the budget tonight. We have until the 20th of November by state law to adopt a budget, so we do want to hear what you have to say and are very much interested in the input and we will certainly take your guidance under consideration. With that being said, I will open up the opportunity for anybody that would like to comment on the budget. (No response) Nobody here to speak on the budget? COUNCILMAN KRUPSKI: Are you going to mention the Town Board raises? SUPERVISOR RUSSELL: Yes. Like I said, we heard what people had to say with regard to raises for elected officials and all those things will be factored in and we will hopefully adopt a budget probably about the 16th, which will be our next Town Board meeting. Can I get a motion to close? PH 11/4/10 ~ 7:05 PM KKP, LLC Development Rights This public hearing was closed at 7:49 P.M; RESULT: CLOSED IUNANIMOUSI MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Councilman Christopher M.Talbot COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Thursday~ November 4~ 2010~ at 7:05 p.m.~ Southold Town Hali~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of a development rights easement on properS, owned by KKP~ LLC. Said property is identified as part of SCTM #1000-120.-% 11.9. The address is 750 Sound Avenue in Mattituck. The property is located in the A-C zoning district and is situated on the southerly side of Sound Avenue approximately 409 feet westerly from the intersection of Aldrich Lane & Sound Avenue in Mattituck, New York. The proposed acquisition November 4, 2010 Page 37 Southold Town Board Meeting Minutes is for a development fights easement on a part of the property consisting of approximately 8± acres (subject to survey) of the 10a_ acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $63,000 (sixty-three thousand dollars) per buildable acre for the 8± acre easement plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and aquifer recharge area values. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have a notice that it was posted on the Town Clerk's bulletin board on the 20th of October. Notice that it was posted in the Suffolk Times on the 28th of October and that is it. Supervisor Russell SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this particular acquisition? Councilman Krupski COUNCILMAN KRUPSKI: I will just give a brief description of it. It is a small parcel, normally one that the Town or Land Preservation Committee might not be interested in as it is only an eight acre acquisition. However, if you look at the map, there is a significant amount of town and county owned development rights land to the north, the north side of Sound Avenue and also to the south, which is actually adjacent to this parcel. And it is just north west of a huge block of preserved land, town and county and subdivision open space around Laurel Lake. So it really is part of the bigger picture there of land preservation for agricultural purposes in that area. Supervisor Russell SUPERVISOR RUSSELL: Any public comment? (No response) I will just make a comment. Obviously want to thank the family, the owners for their participation. This program only works because people generously come and offer the property for sale of development rights and I want to thank the family. Closing Comments SUPERVISOR RUSSELL: And that concludes the business. I would now welcome the opportunity for anybody that wants to address the Town Board on any issue to please feel free. Please. NANCY CONLON: My family is here, I am waiting for my daughter who is still in class, I am not sure if she will arrive in time. If not, she has prepared a letter that I will read to you. I am Nancy Conlon at 310 Huntington Boulevard, Peconic. 1 would like to thank the Board and the November 4, 2010 Page 38 Southold Town Board Meeting Minutes Town and anybody else involved in fixing the law that grants accessory apartments, especially for young people in our town, affbrdable housing apartments. I feel that the spirit of the law not only affects my family but other families here in the Town of Southold. But the letter of the law is the part that I would like to address to you. As a single parent for 30 years, as a full-time resident with three adult children who are living at home, two of whom are pursuing advanced degrees at local colleges, they need safe, clean housing. My accessory building offers this for the four of us but the accessory building apartment does not meet the code language that has been enacted because it is two floors and neither floor meets the 450 foot minimum. I am asking you to look at the letter of the law and fix the code to encompass my particular situation. I need you to allow the Zoning Board the ability to have discretion to allow me to have a variance to meet the particulars code. I need them and you to look at each case on an individual basis and not let a generic interpretation cover all situations. My pre-existing building is two floors and each floor is approximately 350 feet. As a two floor structure, I am in compliance with the new code, not as a one floor. Since I am the first case for this new accessory building apartment law, I do not one to be dealt with in the most severe interpretation. Any new law allows and accepts the practice that as cases are heard, the law or code will modify itself to serve the needs of the people. Just as new federal laws are enacted in a genetic manner to help the greater good, tweaking our law to fits its recipients for common practice is what I am hoping the practice will now become in Southold. You have met the spirit of the law to help our young people, now I am asking you to look at the letter of the law. The use of this accessory building as apartment space for my children will keep them in this community as viable, youthful presences in our town. The building will add to your tax revenue. Since our town is known for its policy of uncovered space or open green space, I can apply this to add that the less space the apartment covers on the ground, because I do have architectural plans if it had to be increased, would disturb the ground as it now is. It would cost me quite a bit of money and the way the apartment, the way the building exists now, it meets the needs of my children. Going up is certainly less of a footprint on the earth than building out 100 feet or more on the ground. I did not build this accessory building when this new taw was enacted, it was already there. This new law came as a gift to me and my family to help us with our needs. Please change and fix the language of the code on an individual basis in order to give the ZBA the discretionary power to grant me a variance to have this said existing building as an apartment for my family. Thank you. COUNCILMAN ORLANDO: Before you run, it sounds like, if you could please clear up for me. You have an existing dwelling with two floors already. MS. CONLON: Yes. COUNCILMAN ORLANDO: It is not a barn, it is not a garage. It sounds like it is an old dwelling. MS. CONLON: Right. It existedpre-1957. COUNCILMAN ORLANDO: So it is pre-zoning .... COUNCILMAN TALBOT: Is it a house or an accessory structure. November 4, 2010 Page 39 Southold Town Board Meeting Minutes COUNCILMAN ORLANDO: It is detached, by the way. A detached structure. MS. CONLON: What happened is, yes, so I lived there while I built my new house. I fixed it up to code. COUNCILMAN ORLANDO: You fixed up the primary .... MS. CONLON: No primary residence on the apartment, it had been knocked down. So I bought the property with this pre-existing building and then I lived there while we built the new house. So it has been there, I have been there about five years now and trying to get this whole issue resolved through a number tactics. Ran out of money for a couple of years and then this law came like manna from heaven so I have been trying to pursue .... COUNCILMAN ORLANDO: So your pre-existing actually was a dwelling at one time? Back in the 50's. MS. CONLON: Yes. COUNCILMAN ORLANDO: So it has a bathroom, bedroom... MS. CONLON: It has a primitive bathroom, a primitive stove and I just brought everything up to code. COUNCILMAN ORLANDO: But it is a two floor scenario? MS. CONLON: Two floor and each floor is about 342 feet. So the new code says it must be 450 and it must be one floor. So I am asking for the language to be tweaked so that the ZBA has permission to grant me a variance on this. So that I could use the existing building as it is, as overflow for my children who at this point... COUNCILMAN ORLANDO: Well, as we were developing this thing, which took a long time, we were always envisioning a garage or a barn to be rebuilt inside to fit this but yours is done, this is pre-existing structure... MS. CONLON: Right. And it is two floor. COUNCILMAN ORLANDO: Two floors. MS. CONLON: Right. So I do have two of my children, I guess the one is still in class you know, they have prepared something because fortunately or unfortunately, whoever's perspective in our economy, they are living home with me at this point, so if this is the time for them to speak .... COUNCILMAN TALBOT: I have got a question. That was the only structure when you bought November 4, 2010 Page 40 Southold Town Board Meeting Minutes it? MS. CONLON: Yes, when I bought it. COUNCILMAN TALBOT: So you lived in there as a principal dwelling? MS. CONLON: While the new house was being built? COUNCILMAN TALBOT: And you got a permit to build a second principal dwelling on the same property? MS. CONLON: Yes. And... COUNCILMAN TALBOT: Inaudible. To then have to eliminate the original one? MS. CONLON: Right, we were going to turn it into .... COUNCILMAN TALBOT: Non-habitable space. MS. CONLON: Right. Or a pool-house or a studio and that, along the way, has been denied and then this new accessory apartment law came out and I was hoping this would fit the bill and there seems to be some problems with the language. COUNCILMAN TALBOT: There are a couple of questions I would have in regard to that and the CO's on the new house and stuff but that question did come up in the discussion of the law about two stories and you know, no two cases are the same. You know that, everybody knows that. It might not be a bad thing to look into it, maybe if it was two stories and it couldn't be greater than the 850 or the 800. MS. CONLON: Well, thank you. COUNCILMAN ORLANDO: Maybe this is something we can tweak in the legislation because like I said, we were envisioning an empty barn or an empty garage being built into an apartment. So you are going to do some sort of construction but yours in pre-existing, already done. Pre 1957 zoning. MS. CONLON: And so what I am asking and I am hoping I am saying it in the right language, asking the ZBA sees as going by the letter of the law that was enacted, one story no less than 450 feet one floor and (inaudible) does it meet those two criteria. SUPERVISOR RUSSELL: I do appreciate everything you said. I think our intent was that we didn't want two structures on one property. MS. CONLON: Okay. November 4, 2010 Page 41 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: We wanted an accessory structure. And the apartment in the separate structure was still supposed to be accessory to something else, which would be an accessory structure. Like an apartment in a garage. But what we didn't want to see was the creation of two houses on one lot. The code really doesn't allow for two dwellings on one parcel, that is why we tried to put some language in there, to keep the intent of the law intact, which is to have an accessory apartment that was still serving as an accessory to a principal use on a separate structure. Rather than two separate dwellings on one lot. COUNCILMAN ORLANDO: But we also wanted to use the existing inventory and this is definitely existing. MS. CONLON: This is definitely existing. And... COUNCILMAN ORLANDO: Now you could theoretically build that garage or dwelling bigger to conform and you could have a one floor apartment and make it legal. MS. CONLON: Inaudible. it would cost me... COUNCILMAN ORLANDO: As right now you could pretty much .... MS. CONLON: Right now with the two floors and the square footage, I am within the code it is just that it is two floors, not one floor. JUSTICE EVANS: When you built your second house, what were you supposed to do with the first one? MS. CONLON: Possibly turn it into a pool house or a studio. JUSTICE EVANS: You said that. MS. CONLON: Right. And so then the new law came about and this is what I am trying to pursue. And we have great need in my family, as my sons will attest. I have three grown children living home, two of whom are in college and really will be living home for awhile COUNCILMAN ORLANDO: She smiles when she said that. MS. CONLON: And they take good care of me but three adult children in a less than 2,000 square foot home is tight, so this space makes everybody happy and I am trying to get the whole issue settled. COUNCILMAN TALBOT: Have you made any attempt or any application to the Zoning Board? MS. CONLON: Well, that is why I am here. I have already been to the Zoning Board. November 4, 2010 Page 42 Southold Town Board Meeting Minutes PATRICIA MOORE: Just to clarify, the code says that it has to be a minimum of 350, excuse me, 450 and a maximum of 750. And when you adopted the code I think some of the comments were, we envision the barn or the garage where the 750 would all be linear, over top of an existing three car garage or a two car garage, quite a large garage. In this instance, it has always been, you asked about second dwellings, it has always been kind of quasi apartment because the space itself is under 750 square feet. It has a small kitchen and one bathroom and just living space with a bedroom. So it is not a second dwelling, it would fall under what you would describe as an apartment and as far as the activity in there and so on, it is really the equivalent of an apartment. The building department routinely or to the Zoning Board? MS. CONLON: Well, that is why I am here. I have already been to the Zoning Board. PATRICIA MOORE: Just to clarify, the code says that it has to be a minimum of 350, excuse me, 450 and a maximum of 750. And when you adopted the code I think some of the comments were, we envision the barn or the garage where the 750 would all be linear, over top of an existing three car garage or a two car garage, quite a large garage. In this instance, it has always been, you asked about second dwellings, it has always been kind of quasi apartment because the space itself is under 750 square feet. It has a small kitchen and one bathroom and just living space with a bedroom. So it is not a second dwelling, it would fall under what you would describe as an apartment and as far as the activity in there and so on, it is really the equivalent of an apartment. The building department routinely or I don't want to say routinely, on a case by case basis, might allow you to, in this instance, the primary house had been demolished for reconstruction, so the prior owner while this other accessory building was being occupied by the prior owner, so there is a history of the .... COUNCILMAN TALBOT: There was on original, another primary dwelling on the property? MS. MOORE: Well, it was always a (inaudible) it was always an un, I guess .... COUNCILMAN ORLANDO: I was going to ask that question. Was there always there little house there? But there was another house you are saying on the property? MS. MOORE: Oh, no, there was a three bedroom .... SUPERVISOR RUSSELL: You know, did you go to the ZBA yet? MS. MOORE: We are actually right now at the ZBA and we had our hearing but the comments that we got at the hearing, they were concerned, it wasn't clear to them whether or not they had the ability to grant variances on a case by case. I think that there is a court of appeals case because it is a special permit and the special permit says if you meet A through C issue, you get it. So it should be a relatively straight forward process and we meet those criteria but not exactly. You know, the structure was there prior to '83 .... SUPERVISOR RUSSELL: I will ask the Board, we can certainly kick this over to a code committee meeting to have another discussion on this issue but 1 really don't want to, you know, November 4, 2010 Page 43 Southold Town Board Meeting Minutes it is a ZBA action pending. MS. MOORE: No, no, I understand that but I don't want to get to a point where the ZBA says, one, we don't think the Town Board thought that we could mediate or adjust the approval given the facts before us and that is something that maybe through internally you can certainly advise the Zoning Board yes, they have the ability on a case by case to look at it and see that it fits. In the old days when I did applications for accessory apartments in building, there was always a certain amount of adjustment because square footage may be a little off and so on and the Zoning Board for the most part recognized that you were occupying, you weren't building new spaces, that you were occupying existing spaces. So there was a recognition that there could be some, a variance from the... COUNCILMAN TALBOT: A little give and take on the square footage. SUPERVISOR RUSSELL: I think there is probably a lot of fact finding that would need to be done by this Board but I really think that we can discuss this at code committee, you know, at some point. MS. MOORE: That is why we are here kind of pleading with the Board, you know, we are at a point now where the applications are starting to be made and I have a couple of them and none of them fit the box beautifully. I mean, I have one that fits exactly the box. 1 was like, wow, you know, I have one that meets exactly but all the others need a little bit of.... SUPERVISOR RUSSELL: But there was an intent to that box, there was an intent, we went over this when we had the public heating. MS. MOORE: I understand, however, you have got the community here and that is why they are here. Because they are saying to you, we understand what you wanted to do, help us. We need your help and they are the first family that is put through the process and we are here to say we need your help. There will be others, I am sure, if you do nothing that will come here as they go through the process and they find the, kind of the obstacles that are being put in front of them that doesn't solve the problem. The problem is providing affordable living space .... SUPERVISOR RUSSELL: Without the creation of two dwellings on one lot. MS. MOORE: Absolutely. And that is where I think the Zoning Board can very carefully monitor that and make sure. And that is not what we have here. You would have the accessory apartment. We have, that is all we have, so again, I would ask you to consider it and since the family is here, I will step aside. COUNCILMAN ORLANDO: Pat, not that this really matters but how big is the lot size? Approximately? MS. MOORE: 190 by, we are under the 20 % lot coverage. COUNCILMAN ORLANDO: No, I was just curious. Is it an acre, a half acre? November 4, 2010 Page 44 Southold Town Board Meeting Minutes MS. CONLON: It is a quarter acre. COUNCILMAN ORLANDO: Quarter of an acre. MS. MOORE: But we are all well within the 20 percent lot coverage, so we are good even if we had to pop out 100 square feet minimum, we can still make the lot coverage, so we fit all the zoning requirements, it is just you know, the obstacles that get put in and I understand your rationale for it but there has to be some flexibility, particularly when we are dealing with existing structures and that is the goal... SUPERVISOR RUSSELL: Yes, the existing inventory but, the existing inventory, I don't know how you got a building permit to renovate that and a building permit to construct another dwelling on, I will talk to the building inspector but you actually had a building permit to renovate that structure? MS. MOORE: Not the accessory, no. SUPERVISOR RUSSELL: You said you renovated it, though. MS. MOORE: We are bringing everything into (inaudible). SUPERVISOR RUSSELL: So you bought it, it was renovated when you bought it. So it had a CO as a single family dwelling? MS. MOORE: It never had a CO as a single family dwelling. It never had a CO one way or another. It qualifies for a pre-CO and it would have gotten it but way back when in the 60's nobody really got it. SUPERVISOR RUSSELL: Well, you can apply for one today. You don't need .... MS. MOORE: Well, at this point we would want to, you know, we do everything at once. If it gets okayed as an accessory apartment, she did the proper electrical everything so it will get (inaudible). SUPERVISOR RUSSELL: But the building permits were all issued for that? The proper electric and everything else? MS. MOORE: No, that is what we would do now. We would legalize it. SUPERVISOR RUSSELL: Okay. COUNCILMAN ORLANDO: So you are trying to be compliant. MS. MOORE: We are trying to bring compliance. And which is what, another goal that you November 4, 2010 Page 45 Southold Town Board Meeting Minutes had, which is to take any illegal accessory apartments that are out there, make them legal, get them, you know, have them issue permits. Do what is right because everybody has been out there, I guess, (inaudible) code enforcement or other ways. So. But we got, we went to code enforcement, we promised, I promised Damon we would legalize it no matter what we did. We would go through the process to legalize it. We have been working on it and that is what we are trying to do. So we have done, we have done what we had to do, we promise that, you know, we are moving towards the goal. So in the end, everything will be legal and beautiful and we won't have any more issues with the town. COUNCILMAN TALBOT: How far is the second structure away from the house? MS. CONLON: Thirty feet. MS. MOORE: So her alternative is to connect it, exactly. We started actually a design to connect it before the accessory apartment law went in. We tried every .... SUPERVISOR RUSSELL: We will take this issue up at the code committee. Okay. MATTHEW CONLON: My name is Matthew Conlon, I live at 310 Huntington Boulevard with my mother, brother Michael and sister Meghan. I am here to speak on the family's behalf of the need for this space. In light of the recent recession in the economy and the fact that I am still paying off college loans, I am moving back at, this is the reason why I am living at the house. I enjoy living in Southold Town, I have grown up here, 28 years besides the four years I spent up at college has all been in Southold Town. I love the area, it is beautiful. Like she said earlier, any connections like a breezeway type thing would just be very costly, at the footprint and the building and I just feel that this building would be a great help for us, for our family life, as she said earlier. It is four adults total living in the house and just having that extra space would be very helpful for our family. Thank you. SUPERVISOR RUSSELL: Thank you. COUNCILMAN TALBOT: Thanks. MICHAEL CONLON: My name is Michael Conlon, I am 31 years old, currently pursuing a masters degree at Dowling in Special Ed and History content for a secondary major. It is hard for me to swallow my pride at 31 and move home but it is something that I have to do because the economy isn't what I wanted it to be, so I had to re-change my job and re-change my thinking, so I decided to go back to Dowling, well, to go to Dowling to get my masters degree. Why I am adding this is because there are four adults in the house and to get up at 5:00 with four other adults and try to get out to do career oriented stuff is a nightmare. So it really is in my best interest and my family's best interest for our future careers and prospects if the accessory apartment was granted. So that is why I am here before you asking you, you know, these are hard times, I am just hoping that you are not trying to rules, that you can see how you can make it less hard for a hard working family. Thank you for your time. November 4, 2010 Page 46 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Would anyone else like to address the Town Board on any issue? (No response) Motion to adjourn? Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:10 P.M. E¥(.~beth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell