The URL can be used to link to this page

Home My WebLink AboutTB-01/04/2011ELIZABETH 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 MEET1NG Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (63 I) 765 - 1800 southoldtown.northfork.net MINUTES January 4, 2011 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, January 4, 2011 at the Meeting Hall, 53095 Main Road. Southold. NY. Supervisor Russell opened the meeting at 4:30 PM with the Pledge of Allegiance to the Flag. Call to Order 4:30 PM Meeting called to order on January 4, 2011 at Meeting Hall, 53095 Route 25, Southold, NY. I. Reports Trustees Monthly Report Recreation Department Code Enforcement II. Public Notices 1. NYS DEC Notice of Complete Application 2. NYS DOT 3. F C C Informational Notice of Section 106 Filings 4. Army Corps of Engineers IlL Communications IV. DiscussiOn 1. 9:00 AM - James McMahon 2. Hiring Full - Time Engineer 3. Part-Time Land Preservation Stewardship Position 4. Dog Licensing Local Law 5. Discussion of Fishers Island Ferry District/Town Board Summit 6. Executive Session - Labor 7. Renewal of Part-Time Electrical Inspector January 4, 2011 Page 2 Southold Town Board Meeting Minutes Opening Comments Supervisor Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance to the Flag. Thank you. I am going to invite anybody that would like to come up and address any of the items that appear on the agenda to please feel free to come up and do that now. Mr. Wills? Frank Wills, Mattituck FRANK WILLS: Good afternoon, Frank Wills, I live in Mattituck. I also wish everybody a happy, healthy and prosperous new year. I refer to item 68, the (inaudible). And I was wondering, it says during this write-up that hereby adopt the findings and determinations dated January 4, 2011 and conditionally approves the variance application of Robert Bombara. I was wondering if it would be possible to publish or give out the information of what was found on this thing that was found today and furthermore, what is the conditional approval? SUPERVISOR RUSSELL: I am going to refer that to Martin. MR. WILLS: And then, my understanding and I tried finding the files, I couldn't so I apologize so I may be wrong, but my understanding is is that that property is in the environmental coastal erosion zone. In fact, the coastal erosion zone goes beyond it, across the road and up the block. My understanding also is and again, if I am wrong let me know, that there should be no construction in the coastal erosion zone. So the question is, how come Mr. Bombara gets conditional approval to build a house in the coastal erosion zone. SUPERVISOR RUSSELL: There are a couple of issues. First, the coastal erosion zone, the Trustees have no jurisdiction to offer relief on. It comes to us. We are in a very difficult position because denying him outright would constitute a taken and then we would be responsible for remunerating him for the parcel. I was pretty outspoken from the beginning about not wanting to issue a building permit but when you factor in those costs and it was discussed with the Land Preservation committee, what we did was we offered him what we thought was environmentally sound. It wasn't the house that he wanted to build, it was a house that we were willing to allow approval for. We hired an outside consultant to help, an environmental consultant to help us determine all the conditions under which he has to construct and what he can construct and at the end of the day, not wanting to be in the position of having to remunerate someone for a parcel that they bought, we had to grant something. COUNCILMAN KRUPSKI: That is how the law is set up. The Trustees have no choice but the Town Board is the variance board for that law. It is kind of, it makes for an awkward, it is an awkward set up the way that it is written because the Trustees deal with the coastal erosion hazard law all the time, the Town Board doesn't and it took us quite a while to get everything straight and I am going to hazard a guess there, unless Martin corrects me, on the conditional approval is that they have to supply a map, survey and plans showing exactly what the Town Board considers to be an approval. So they haven't done that yet and that is one of the conditions. January 4, 2011 Page 3 Southold Town Board Meeting Minutes MR. WILLS: And yet, I bought my property in Mattituck in '62 and in those days there were no rules (inaudible) to the west of the Mattituck inlet. There were no rules and regulations, so I built my house 35 feet from the edge of the bluff. Which indeed maybe got destroyed or blew away like my neighbors did the year before, I came back and said, I would like to rebuild it, woops, '82 it said 100 foot setback. So I could no longer put that there, so those were the new rules. We know more now than we used to then. So that is the reason I bring up... SUPERVISOR RUSSELL: I do agree with you and like I said, we went to an environmental consultant to make sure that whatever impact or whatever relief that we granted would have as nominal or negligible impact on the environment as we could. Again, without getting into an issue of a legal taking of that parcel. MR. WILLS: Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address on any of the agenda items? COUNCILMAN KRUPSKI: And actually the coastal erosion law is meant, is intended to protect your property, it is intended to protect the natural protective feature whether it be the beach or the dune or the bluff alright, and it is made to protect your neighbors property. And so you really have to design a project that is going to mitigate any kind of damage to all of those three. SUPERVISOR RUSSELL: Would anybody else like to comment on the agenda? Benja Schwrtz, Cutchogne BENJA SCHWARTZ: Benja Schwartz from Cutchogue. 1 would like to second my friend here who wished you a healthy new year. If we are lucky it will be happy and prosperous as well. COUNCILMAN KRUPSKI: Thank you. MR. SCHWARTZ: It is on the agenda today, it is on the agenda every day, every Town Board meeting, there is a section in the heading and there is never anything there. It just says communications. I think it kind of reflects some of the communication problems that we have in the town here. 1 inquired today at the Town Clerk's office and I was told that the communications were all posted on the bulletin board. On further clarification, it became clear that those communications are the public notices that are legally required to be posted. But it doesn't say here, communications see town bulletin board and then the clerk's office also informed me that there were other communications to the Town Board and if I wanted to see them, I have to come to the clerk's office and make a special request for them. My question is why it is on the agenda every two weeks if it is not part of the meeting and is there a way that we could facilitate access to both the legal notices and the other communications which currently are rather inaccessible, that are people who whte to the Town Board if other people could go on maybe the website or maybe the bulletin board or somewhere and see those or if under communication, it just doesn't seem right to have a heading with .... January 4, 2011 Page 4 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Well, I might agree with the issues of communications, I am not sure that every constituent that writes a letter to me intends on having that missive displayed for all to see. They are sending a communication to me and I feel no legal obligation to provide this easy, ready access. If I am receiving communication from constituents, that is a letter written to me, I see no need or legal reason why I need to make that so readily available to people. That, I want the constituents to feel that they should be free and candid with their comments and they are not going to be scrutinized by public viewing. MR. SCHWARTZ: Well, I agree that there could be an issue of confidentiality, somebody writing to the Town Board on a confidential subject but I think the law and spirit of the law and the spirit of our government and I hope you all agree that we want to, the presumption is that any correspondence to the Southold Town Board is public information. A similar thing is now we have to sign up to use the computer to see the laserfiche files in town hall. On the applications, there are two parts where they ask for your email address. Soon as you put your email address on that application, it becomes publicly discoverable. It is not confidential information. It is not protected by any privacy laws. SUPERVISOR RUSSELL: That is relevant to what 1 said but okay. MR. SCHWARTZ: It is required by the Freedom of Information law as is the public availability of any correspondence either to the supervisor or to the Town Board. It is required by New York State Freedom of Information law to be available, made available to the public unless there is something specific and it is classified as private and confidential. The presumption is that it will not be private and confidential. COUNCILMAN KRUPSKI: That is a good point but suppose, but the supervisor makes a good. Someone sends a letter to a councilman or the supervisor and they don't want it broadcast. It is just a comment that they are making or a suggestion but they don't necessarily want to make it public. That seems fair. MR. SCHWARTZ: There is a legal issue if somebody requests that it be kept private, do they have a right to that? I don't know but I do know that the public has a fight to see letters which, ordinary letters in the normal course of business. That is my understanding of the law. If there is anybody that has a different understanding of the law .... COUNCILMAN TALBOT: I understand, we each have our own mailbox and we get mail in there every week that comes in to council members. It could be from Stony Brook college just talking about their programs. I mean, do you want to see all that stuff? Is that what you are talking about? All the mail that comes in to Chris Talbot at the town? MR. SCHWARTZ: I probably .... COUNCILMAN TALBOT: If you wanted to FOIL something, you can't say I want to FOIL every piece of information that came into Chris Talbot. You would have to give a specific item. If you wrote a letter and you wanted to FOIL your letter, I could see that but every piece of mail January 4, 2011 Page 5 Southold Town Board Meeting Minutes that ever comes in here to me, I wouldn't think that would have to be available to you. MR. SCHWARTZ: You know, you tell me. COUNCILMAN TALBOT: I just did. MR. SCHWARTZ: No. What does it mean? Section 3 on the agenda. COUNCILMAN TALBOT: Well, I would agree with you on that. I could say remove the section 3 communications and slide them all up. Well, communications, I guess it would be communications out to the public from the Board or from yourself, like right now making communications on regarding the agenda .... MR. SCHWARTZ: Well, listen. I am trying to stay very positive to new starts to the new year and I would appreciate it if you could give that some thought and possibly make available some of the very excellent letters I am sure that you all receive, especially the ones that are addressed to the entire Town Board. I very strongly urge you to make them available. COUNCILMAN KRUPSKI: We could have a discussion, I don't know if Martin could advise us on that. TOWN ATTORNEY FINNEGAN: I think generally Betty does include .... SUPERVISOR RUSSELL: She does. It is a heading. It is a heading... TOWN ATTORNEY FINNEGAN: If it is a letter, say addressed to the Town Board. It is not meant for correspondence, it is meant for communications to the Town on issues from other municipalities and things like that. SUPERVISOR RUSSELL: And it is a heading that sometimes you may have some and sometimes you may not. The heading carries forward. MR. SCHWARTZ: I can't remember ever seeing anything there. SUPERVISOR RUSSELL: Well, as important as this is... COUNCILMAN TALBOT: We will look at that communications, I agree. SUPERVISOR RUSSELL: As important as this is, would anybody else like to address any issue on the agenda? Dawn Bennett DAWN BENNETT: Dawn Bennett, Cutchogue. I have a question regarding the dog license laws. What is, at the moment it is the state that deals with this, right? SUPERVISOR RUSSELL: It was the state. January 4, 2011 Page 6 Southold Town Board Meeting .Minutes MS. BENNETT: It was the state and now it is going to be local. SUPERVISOR RUSSELL: Yes, the state has absolved itself of the dog licensing business. Actually years ago the town did issue licenses. The state took that function over, decided you know what? We had better not be doing that anymore and they are relinquishing it back to the towns. COUNCILMAN ORLANDO: They delegated it back to us. SUPERVISOR RUSSELL: Yes. Which is probably a good idea because I think I heard an estimate today that about 70 percent of the dogs in this town are not licensed. MS. BENNETT: Inaudible. SUPERVISOR RUSSELL: The state hadn't done a very good job administering that. MS. BENNETT: It is a very hard thing to enforce. I wanted to make a couple of suggestions. My first thing, how much are they charging at the moment? Or were they charging. TOWN CLERK NEVILLE: Ten dollars tbr a spayed or neutered dog, 15 for an unsprayed or unneutered dog. MS. BENNETT: So you are not increasing the fee? It is staying the same. TOWN CLERK NEVILLE: Not at this time. MS. BENNETT: Not at this time. Because what I wanted to put across is, if you increase this, you are not going to get anybody. You don't have anybody now. You have the minimum amount of people that register their dogs. And .... TOWN CLERK NEVILLE: I will tell you what happened. When they took it over in like 198l, they had our listing, they had all the listings ti'om the Town Clerks and they created the database and they sent the notices out from Albany instead of sending them out locally and if that very first year, if someone didn't respond and didn't purchase the dog license, they just wiped them off the database altogether. So over the years, it dwindled. There was like almost 6,000 licenses being issued back in the early 80's. It dwindled down to, last year, 2010, we issued 720 dog licenses in this town. MS. BENNETT: In this town. TOWN CLERK NEVILLE: In this town. From 6,000. Because each year when they didn't get a license, they just wiped that person oft; rather than consider them delinquent. They wiped them off. January 4, 2011 Page 7 Southold Town Board Meeting Minutes MS. BENNETT: How do you think that, do you think that you are going to get more response and how will you enforce it? How can you enforce that? I mean, you have got no record of what dogs, the only people that are really registering their dogs are people who adopt from the town because that is... TOWN CLERK NEVILLE: It is required, it is mandatory. MS. BENNETT: It is required. TOWN CLERK NEVILLE: We will do, we used to do a dog enumeration years ago and I think the Town Board has plans to do an enumeration of dogs. That is how it will be enforced. COUNCILMAN ORLANDO: It will really be on the honor system at first. And then as a dog is loose and it is caught by the police or by the animal shelter and the person comes to pick it up and it is not licensed, they will be required to do it. SUPERVISOR RUSSELL: We are also, we are in a contract discussion which I don't want to share too much of, but the new contract for the shelter has dog control provisions in it that will hopefully get more of those animals on the radar to get the license, once that database is established, I have full confidence that Betty will know how to maintain it, get the notices out each year, get the renewals. Get back to the way it used to be which seemed to be a much more efficient process. MS. BENNETT: Okay, once last thing. I am throwing this out here and I am kind of running before I am walking, there is a small group of us that we are looking to maybe do a dog beach or a bigger dog park and this is going way down the line here but this is a suggestion, if you lowered the fees, these fees come to the, you have these fees, these belong to you. SUPERVISOR RUSSELL: Well, part of these fees have to be surrendered to the State of New York. MS. BENNETT: Part of those fees? Okay. And as it stands now, the dog parks that we have now, there is no regulation. Any dog can go in that dog park and does not need to show any vaccinations, you can have unneutered dogs, not vaccinated and there is no way to control that. Many other towns that have dog parks and access to a dogs beach, which may be one day down the line we may have, and in order to obtain what is called a beach pass which you go to the town and you pay $15 a year so your dog is entitled to go to that park or that beach, in order to do that, you have to have your dogs licensed and in order to have that dog licensed, you have to have a rabies tag. So you are killing two birds with one stone, so I just wanted you to keep that in the backs of your minds, to not increase those fees or even to lower them so that maybe if down the line, we did have a community park where more people went with their dogs, that there would be better regulations that we could monitor what dogs are going into the park, with the license, with the fees of going into the park for maintenance and to enjoy this park or beach. So I just wanted to, that was my suggestion. January 4, 2011 Page 8 Southold Town Board Meeting Minutes COUNCILMAN ORLANDO: Well, I believe right now in order to get a license, you have to have some guaranteed vaccinations. MS. BENNETT: Yes, you do. Correct. TOWN CLERK NEVILLE: Absolutely. COUNCILMAN ORLANDO: So the simple thing would be you have to have a dog license to get into a park and that would confirm that you had all these vaccinations. MS. BENNETT: Correct. Yes. So that is why I would just like to bring to the Board's attention to not raise the fees so high so that when we, you know, we would like to purchase .... COUNCILMAN ORLANDO: As of now, as the supervisor said, we are not increasing the fees at ali. MS. BENNETT: Okay. Thank you. Supervisorr Russell SUPERVISOR RUSSELL: Would anyone else like to address any item on the agenda? (No response) Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, November 16, 2010 Vote Record - Acceptance of Minutes for November 16, 2010 4:30 PM Yes/Aye No/Nay Abstain Absent William Ruland Voter [] [] [] [] [] Accepted Vincent Orlando Voter ~1 [] [] [] [] Accepted as Amended Christopher Talbot Seconder [] [] [] [] Tabled Albert Krupski Jr. Voter [] [] [] [] Louisa P. Evans Initiator [] [D [] [] Scott Russell Voter [] [] [] [] RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, November 30, 2010 Vote Record - Acceptance of Minutes for November 30, 2010 7:30 PM Yes/Aye No/Nay Abstain Absent William Rulm~d Voter [] [] [] [] [] Accepted Vincent Orlando Voter [] [] [] [] [] Accepted as Amended Christopher/albnt Seconder [] [] [] [] [] Tabled Albert Kmpski Jr Voter [] [] [] [] Louisa P. Evans Initiator [] [] [] [] Scott Russell Voter [] [] [] [] RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, December 14, 2010 January 4, 2011 Page 9 Southold Town Board Meeting Minutes Vote Record - Acceptance of Minutes for Deceraber 14, 2010 4:30 PM Yes/Aye No/Nay Abstain Absent Williara Ruland Seconder [] [] [] [] [] Accepted Vincent Orlando Voter [] [] [] [] [] Accepted as Amended Christopher Talbot Vottn- [] [] [] [] [] Tabled Albert Krupski Jr. Voter [] [] [] [3 Louisa P. Evans initiator [] [] [] [] Scott Russell Voter [] [] [] [] V. Resolutions 2011-47 CA TEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated January 4~ 2011. Vote Record -Resolution RES-201147 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supcrvisor's Appt Christopher Talbot Seconder [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P Evans hfitiator [] [] [] [] [] Town Clerk's Appt Scott Russell Initiator [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-48 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Next Town Board Meeting qf the Southold Town Board be Hekt at 7.'30 PM on Tuesday, January 18, 2011 RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held at 7:30 PM on Tuesday, January 18~ 2011 at the Southold Town Hall, Southold, New York Vote Record - Resolution RES-20! 1-48 [] Adopted [] Adopted as Amended [] Det~ated Y~s/Aye No/Nay Abstain Absent [] Tabled Williatn Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor% Appl Christopher Talbot Seconder [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr Voter [] [] [] [] [] Rescinded Louisa P Evans Initiator [] [] 13 [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [3 No Action January 4, 2011 Page 10 Southold Town Board Meeting Minutes 2011-49 CA TEGOR Y: DEPARTMENT: Grants Community Development 2011 Youth Service Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott Russell sign the 2011 Program AnDlication for the Southold Youth Services Program, funded in part by a grant from Suffolk County, in the amount of $10,585. Vote Record - Resolution RES-2011-49 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn 9in~h~ O~i~d0 S~0~der [] [] [] D [] Supe~-Asor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Initiator [] [] [] [] [] Supt Hgwys Appt [] No Aclion 2011-50 CA TEGOR Y: DEPARTMENT: Authorize to Bid Solid Waste Management District Re-Bid Leqf Bags & Scrctp Tires 2011 WHEREAS there was a bid opening for 2011 Leaf bags and removal of scrap tires from the Department of Solid Waste, and no bids were received, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to re-advertise for both of these bids. Vote Record - Resolution RES-2011-50 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] With&awn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albe~l Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scotl Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-51 CA TEGORY: Employment - Town January 4, 2011 Page 11 Southold Town Board Meeting Minutes DEPARTMENT: Accounting Employee Title Change WHEREAS the Suffolk County Department of Civil Service has reviewed and reclassified the duties of the Town's Department of Public Works Parks Maintenance Crew Leader to the title of Town Maintenance Crew Leader, and WHEREAS the Town Board has reviewed and agrees with this reclassification, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby changes the Civil Service title of Jeffery Standish from Parks Maintenance Crew Leader to Town Maintenance Crew Leader in the Town's Department of Public Works, effective immediately and at the same rate of pay. Vote Record ~ Resolution RES-2011-51 [] Adopted [] Adopted as Amended [] Defeated ~(Aye ~o(Nay Ah~ain ~b~en~ [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] O Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-52 CA TE GO R Y: DEPARTMENT: Budget Modification Public Works Property Taxes Fiscal Impact: Property taxes - Highway Yard, Cell Tower RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Whole Town budget as follows: From: A. 1620.4.200.300 To: A. 1620.4.600.100 Utilities Gas $3,346. Property Taxes $3,346. January 4, 2011 Page 12 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2011-52 [] Adopted [] Adopted as Amended [] Defeated yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Seconder [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] g] [] [] Supt Hgwys Appt [] No Action 2011-53 CATEGORY: DEPARTMENT: Budget Modification Police Dept Budget Modification- Police Department Fiscal Impact: To appropriate revenue for reimbursement of the purchase q£a fax machine for the Emergency Management Office. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Whole Town budget as follows: To: A.2770.10 To: A.3640.2.500.700 Other Unclassified Revenue $299.98 Emergency Preparedness Communications Equipment $299.98 Vote Record - Resolution RES-2011-53 [] Adopted [] Adopted as Amended [] Del~ated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [3 [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supe~-/isor's Appt ~hrisi0pher Talbot Initiator [] [] El [] [] 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 2011-54 CATEGOR~ DEPARTMENT: Bid Acceptance Solid Waste Management District 2011 Town Garbage Bag Bid January 4, 2011 Page 13 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Resourceful Bag & Tag, Inc. to supply the town with Municipal Garbage Bags at the per-bag price of $ 0.118, $ 0.207, and $ 0.286 respectively for "Small", "Medium", and "Large" bags, all in accordance with the Town Attorney. Vote Record - Resolution RES-2011-54 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland hfitiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supe~Msor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt ~lbert Krup~ki J; voter [] [] F1 Fl [] Rescinded [] Town Clerk's Appt Louisa P. Evans Voter [] [] [] [] [] Supt Hgwys Appt Scott Russell Voter [] [] [] [] [] No Action Next: Jan 18, 2011 7:30 PM 2011-55 CA TE GOR Y: Attend Seminar DEPARTMENT: Assessors Attend Seminar - Robert Scott RESOLVED that the Town Board of the Town of Southold hereby grants permission to Robert I. Scott, Jr. to attend the December 17t~ Suffolk County Association meeting in the Town of Riverhead. Vote Record - Resolution RES-2011-55 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christopber Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] I [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-56 Tabled 12/14/2010 4.'30 PM CATEGORY: Employment - Town DEPARTMENT: Accounting Create Position q/'P/T Land Mgt Specialist H RESOLVED that the Town Board of the Town of Southold hereby establishes the hourly rate of pay for part-time Land Management Specialist II as fbllows: Effective Date Rate January 4, 2011 Page 14 Southold Town Board Meeting Minutes January 1,2010 26.0300 January 1, 2011 27.0712 January 1,2012 28.1540 Vote Record - Resolution RES-2011-56 [] 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 Kmpski Jr. initiator [~ ~ [] [] [] Rescinded Louisa P. Evans Voter [] [] [] {D [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-57 CA TE GO R Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Grant Agreement Between the Town of Southold and the New York State Department of State Regarding Contract No. C-007078 "Implementation pi'the Town of Southold Hamlet Study II" in Connection with Updating the Town's Comprehensive Plan RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Grant Agreement between the Town of Southold and the New York State Department of State regarding Contract No. C-007078 "Implementation of the Town of Southold Hamlet Study II" in connection with updating the Town's Comprehensive Plan, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2011-57 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled Willian] Ruland Voter [] [] [] [] [] Withdrawn Vincea~t Orlando Voter [] [] [] [] [] Supervisor's Appt Christophea' Talbot Seconder [] [] 13 [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [3 [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-58 CA TEGOR Y: Grants DEPARTMENT: Public Works Laurel Lake Grant Extension Request January 4, 2011 Page 15 Southold Town Board Meeting Minutes Fiscal Impact: Request a grant extension from NYS Office of Parks, Recreation & Historic Preservation for the Laurel Lake Preservation & Trail Plan, EPF 540328 RESOLVED the Town Board of the Town of Southold hereby requests a grant extension from the New York State Office of Parks~ Recreation and Historic Preservation for the Laurel Lake Preservation & Trail Plan (EPF 540328) until June 30~ 2011. Vote Record - Resolution RES-2011-58 [] Adopted [] Adopted as Amended [] Defeated Yes/AYe No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] SupeiMsor's Appt Christopher Talbot initiator [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-59 CATEGOR~ DEPARTMEN~ SWMD Budget Mods Budget Modification Solid Waste Management District Fiscal lmpuct: Hammers for grinder, purchase under 2010 budget as per Comptroller's suggestion; cover final E-waste remowd qf 2010; apply insurance recovery revenue re: May 2010 MVA to vehicle repair line. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 Solid Waste Management District budget as follows: From: Appropriations: SR 8160.4.100.650 (Town Garbage Bags) To: Appropriations: SR 8160.4.100.596 (Parts/Maint. CBI Grinder) SR 8160.4.400.860 (E-Waste Removal) SR 8160.4.400.680 (Repairs - Chevy P/U) To: Revenues: SR 2680.00 (Insurance Recoveries) $ 8,100.00 $ 7,500.00 $ 600.00 $1,769.00 $1,769.00 January 4, 2011 Page 16 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2011-59 [] 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 2011-60 CATEGORY: DEPARTMENT: Budget Modification Data Processing 2010 Data Processing Budget Modification This Budget Modification is Required to Compensate fi~r an Over Extended Line Item. Fiscal Impact: Moving funds from one DP line item to another. No fitnding outside pf the department budget is required. RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2010 budget as follows: From: A.1680.4.100.200 Data Processing, C.E, PC Parts and Supplies $2,500 To: A. 1680.4.200.100 Data Processing, C.E. Data, Voice and Internet Service $2,500 Vote Record - Resolution RES-2011-60 [] Adopted [] Adopted as Amended [] Def~ated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [3 [] [3 Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor'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 2011-61 CA TEGOR Y: DEPARTMENT: Employment - FIFD Accounting Appoint dumes G. Traub Full Time Deckhand January 4, 2011 Page 17 Southold Town Board Meeting Minutes WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their December 22, 2010 monthly meeting to hire a full time deckhand James G. Traub effective January 17, 2011 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 appoints James G. Traub to the position of a full time deckhand for the Fishers Island Ferry District, effective January 17, 2011 a rate of $14.00 per hour. Vote Re~ord - Resolution RES-2011-61 [] 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 Kmpski Jr. Initiator [] [] [] [] [] Rescinded Louisa P Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-62 CA TE GO R Y: DEPARTMENT: Budget Modification Public Works Budget Mod~lTcation - PD Storm Damage Fiscal Impact: The,fitncls in this budget modification are part qf the insurance recovery from the storm damage at the PD in March 2010 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Whole Town budget as follows: From: A.1620.4.400.100 To.' A.1620.2.100.300 Building & Grounds Building Maintenance & Repairs $1,838 Building & Grounds Furniture & Furnishing, Chairs $1,838 January 4, 2011 Page 18 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2011-62 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Wilhdrawn Vincent Orlando Voter [] [] [] [] [] SupexMsor's Appt Christopher Talbot Seconder [] [] [] [] [] Tax Receiver's Appt Albert Krapski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-63 CA TE GO R Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Closing Certificate and Supplemental Agreement Between the Town of Southold and the New York State Environmental Facilities Corporation in Connection with the State Water Pollution Control Revolving Fund Revenue Bonds RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Closing Certificate and Supplemental Agreement between the Town of Southold and the New York State Environmental Facilities Corporation in connection with the State Water Pollution Control Revolving Fund Revenue Bonds, subject to the approval of the Town Attorney. Vole Record - Resolution RES-2011-63 [] Adopted D Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled Wdliam Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supe~-~isor's Appt Christopher Talbot Initiator [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] F1 [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-64 CA TEGOR Y: Attend Seminar DEPARTMENT: Solid Waste Management District Compost Seminar Attendance RESOLVED that the Town Board of the Town of Southold hereby grants permission to Solid Waste Coordinator Bunchuck to attend a free workshop on compost marketing at Cornell University in Ithaca, NY on January 12~ 2011. All expenses for travel, meals, and lodging to be a legal charge to the 2011 Solid Waste Management District budget (meetings and seminars). January 4, 2011 Page 19 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2011-64 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supe~wisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [3 [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-65 CATEGORY: DEPARTMENT: Budget Modification Accounting Budget Modification - 2010 Risk Retention Fund Fiscal Impact: Cover under-estimated legal fees associated with claims made against the Town RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 Risk Retention Fund budget as follows: From: CS.1910.4.300.800 Claims To: CS.1910.4.500.300 Claims Administration $10,000 $10,000 Vote Record - Resolution RES-2011-65 [] Adopted [] Adopted as Amended [] Del~atcd Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [3 [] [] [] Withdlawn Vincent Orlando Initiator [] [] [] [] [] Supe~isor's Appt Christopher Talbot Voter [] [] [] [2] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [3 [] [] Supt Hgwys Appt [] No Action 2011-66 CA TE GO R Y: DEPARTMENT: Budget Modification Accounting Budget Modification-20 l O General Fund Part Town Fiscal Impact: Provide appropriation for one 'fitmily " medical coverage not budgeted. January 4, 2011 Page 20 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of South{ ld hereby modifies the General Fund Part Town 2010 budget as follows: From: B.1990.4.100.100 Unallocated Contingencies $18,000 To: B.9901.9.000.000 Transfers to Health Plan $18,000 Vote Record - Resolution RES-2011-66 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled Willimn Ruland voter [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-67 CA TEGOR Y: DEPARTMENT: Employment - Town Accounting Appoint Part Time Clerk Typist RESOLVED that the Town Board of the Town of Southold hereby at}points Aenieszka Golding to the position of part-time Clerk Typist for the Building Department and Code Enforcement, effective January 24, 2011, at a rate of $13.25 per hour. Vote Record - Resolution RES-2011-67 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstaiu Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt ~hristopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P, Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Vot~w [] [] [] [] [] Supt Hgwys Appt [3 No Action Comments regarding resolution # 67 COUNCILMAN TALBOT: I vote no on that. I reached out to members of the community, the building community, the different trades and I got very good feedback in regards to how the building department is operating fight now. If we have an issue with needing additional personnel, we have just coming down the pike is the municity system which is going to help out the clerical personnel. The town had acquired an $80,000 grant via the Town Clerk and that is in January 4, 2011 Page 21 Southold Town Board Meeting Minutes the process of being implemented. If we need some personnel that needs to be retrained, I would support that bu[ ~vote no on adding additional payroll to the To~n right now: So no: 2011-68 CATEGOR~ DEPARTMENT: Coastal ~osion Town Attomey Bombara CEM Appeal Decision WHEREAS, the Board of Trustees on October 15, 2008, denied the application of Robert Bombara (the "Applicant") for a permit to construct a single-family residence on the premises known as 1725 North Sea Drive, Southold, New York, under the Coastal Erosion Hazard Areas Law (the "Law") of the Town of Southold; and WHEREAS, on November 12, 2008, Mr. Bombara submitted an application to the Town Board of the Town of Southold, as the governing Coastal Erosion Hazard Board of Review, seeking to appeal the determination of the Board of Trustees, or in the alternative, seeking a variance from the requirements of the Law; and WHEREAS, the Town Board did transmit a copy of the instant appeal to the New York State Department of Environmental Conservation; and WHEREAS, on January 20, 2009, February 3, 2009, June 2, 2009, and September 7, 2010, the Town Board conducted duly noticed public hearings on the instant appeal with opportunity for all interested parties to be heard; and WHEREAS, that the Town Board of the Town of Southold hereby finds that the conditional approval of this application is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR, Section 617; 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 Assessment Form for this action; and WHEREAS, the application has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review of the Town Code and the Local Waterfront Revitalization Program ("LWRP")); now, therefore, be it RESOLVED that the Town Board of the Town of Southold does hereby adopt the Findings and Determination dated January 4~ 2011~ and conditionally approves the Variance Application of Robert Bombara in accordance with the conditions set forth therein; and be it further January 4, 2011 Page 22 Southold Town Board Meeting Minutes 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 had determined that, with conditions, this action is consistent with the LWRP; and be it further RESOLVED that this Determination shall not affect or deprive any other agency of its properly asserted jurisdiction, separate and apart from the proceedings under the Coastal Erosion Hazard Areas Law considered herein. Vote Record - Resolution RES-2011-68 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Ch~Sstopher Talbot Initiator [] [] [] [] [] Tax Receiver's Appt Alberi Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] F1 [] [] [] Supt Hgwys Appt [] No Action 2011-69 CA TE G O R Y: DEPARTMENT: Employment - Town Accounting Accepts the Resignation of Deborah Allen RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Deborah Allen from the position of a Part Time Home Health Aide for the Human Resource Center effective January 11,2011. Vote Record - Resolution RES-2011-69 [] Adopted [] Adopted as Amcmded [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland hlitiator [] [] [] [] [] Withdrawn Vincent 0rland0 Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albell Krupski Jr. Voter [] [] Fl [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-70 CATEGORY: DEPARTMENT: Authorize to Bid Town Clerk Advertise for Lubricant Bid January 4, 2011 Page 23 Southold Town Board Meeting Minutes. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for supplying Lubricants for the 2011 calendar year. Vote Record -Resolution RES=2011-70 [] Adopted [] Adopted as Pdnended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albe~ IQ~pski Jr. Seconder [] [3 [] [] [] Rescinded Louisa P. Evans Voter [] [2] [] 12] [] Town Clerk's Appt Scott Russell Voter [] [] [] ~ [] Supt Hgwys Appt [] No Action Comments regarding resolution # 70 COUNCILMAN RULAND: Discussion Mr. Supervisor? SUPERVISOR RUSSELL: Yes. COUNCILMAN RULAND: Just for everybody's edification. We have just about finished the new specifications for the lubricant bid which is expanded to and includes solicitation of bids for package goods that the Town has been buying piecemeal over the last year, so we are going to see if we can affect a savings but you can still purchase as you need them but you are buying goods in the smaller packages that we have basically been paying retail for, up to now. SUPERVISOR RUSSELL: Thank you. COUNCILMAN KRUPSKI: And thank you for making note of that and basically, Bill, for making that happen. COUNCILMAN RULAND: Well, I think for everyone, what we are going to see is what the market really is. In other words, we put our request for proposals based on the quantities that we have used on the past and we will see how that does compare with the vendors that have been used in the past, compared to what we are doing now. I think you saw in the 2010 lubricants which were basically bulk lubricants with the majority being used at highway and solid waste, that not only did effectuate a savings but also by exercising the town's right in the bid to pick lowest price per item, both, there were only two companies that bid and between the two of them, they were each low bidders on several items, so both companies were involved in doing business for the town but only for the items that they were the lowest bidder and I think when it was all said and done, we probably saved three or four thousand dollars by doing that, which is substantial. COUNCILMAN ORLANDO: It is just smart business doing that. COUNCILMAN RULAND: Well, it is and as we go tbrward, I think those are the types of January 4, 2011 Page 24 Southold Town Board Meeting Minutes things that we continually have to look at. We may or may not, based on what we find out, know. But if we don't test the water, we really don't know and I think we owe it to the people to bring the best price. That was the short discussion, Mr. Supervisor. 2011-71 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Accounting Island Group 2011 Plan Administration RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement with Island Group Administration~ Inc. for the administration of the Town of Southold Employee Health Plan for the 2011 calendar year, said agreement subject to the approval of the Town Attorney. Vote Record- Resolution RES-2011-71 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supe,wisor's Appt ~hfi~i0pher Taib~t Voter [] [] [] U] [] Tax Receiver's Appt Albert Krupski Jr Initiator [] F1 [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-72 CA TEGOR Y: DEPARTMENT: Advertise Human Resource Center Advertise for PT Home Health Aide - HRC- Adult Day Care (Katinka House) RESOLVED that the Town Board of the Town of Southold hereby grants permission to post and advertise for the position of Part Time Home Health Care Worker fbr the Senior Services' Adult Day Care Program, Katinka House, at a rate of $13.56 per hour for 17.5 hours per week. Vote Record - Resolution RES-2011-72 [] 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 Albelx Kmpski Jr. Vo~er [] [] [] [] [] Rescinded Louisa P Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voler [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-73 January 4, 2011 Page 25 Southold Town Board Meeting Minutes CA TEGOR Y: DEPARTMENT: Advertise Town Clerk Advertise for Position in Land Preservation Dept. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for the position of Part-Time Land Management Specialist II in accordance with the salary schedule as adopted by the Town of Southold on this date. Vote Re~ord - Resolution RES-2011-73 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled Wilbam Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Ch~fstopher Talbot Initiator [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [3 Supt Hgwys Appt [] No Action 2011-74 CA TEGOR Y: DEPARTMENT: Employment - Town Accounting Appoint George Rohrbach to Auto Mechanic IV RESOLVED that the Town Board of the Town of Southold hereby appoints George Rohrbach to the position of Auto Mechanic IV for the Highway Department, effective January 6, 2011, at a rate of $31.8405 per hour. Vote Record - Resolution RES-2011-74 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent {3 Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr Votc~ [] [] [] [] [] Rescinded Louisa P Evans Voter [] [] [] [] [] Toum Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution # 74 SUPERVISOR RUSSELL: Just as a clarification, there is a few positions that are coming up, these are not new hires. These are existing employees who are moving into vacant positions. These positions were vacant as a result of the retirement incentive program rolled out by the state last year. So every one of these employees is already employed by the Town. 2011-75 January 4, 2011 Page 26 Southold Town Board Meeting Minutes CATEGORY: DEPARTMENT: Employment - Town Town Clerk Reappoint Roger Richert to the Position pf Part-Time Electrical Inspector RESOLVED that the Town Board of the Town of Southold hereby reappoints Roger Richert to the position of Part-Time Electrical Inspector for the Building Department at a rate of $26.69 per hour. Vote Record - Resolution RES-2011-75 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christ0phe[ Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krapski Jr. Voter 1~ [] [] [21 [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter I~l [] [3 [] [] Supt Hgwys Appt [] No Action Comments regarding resolution # 75 COUNCILMAN TALBOT: I would like to make a comment on that. I think myself and the Supervisor, I reached out to almost all the electricians that I knew in town and even went through the phonebook and I got a majority of the electricians that have been dealing with the electrical inspector, said that he is doing a fantastic job. ! am not one that is always big to add personnel but he has been in there as a part-time electrical inspector and he seems to have streamlined the system. And we do have control over what is going on with who is doing the inspections, where the fees are going etc. It is going to continue on as a part-time position but I wholeheartedly will say yes. COUNCILMAN ORLANDO: I second your comments, Chris. Roger is doing a great job, good person as well. SUPERVISOR RUSSELL: Also as a side issue, the salary for this part-time position last year with the hours worked was about $18,000 or $19,000. Revenue received for doing the electrical inspections was about $40,000. So it is a net benefit and off-sets the tax burden to taxpayers which is one reason why we opted to stay with this current arrangement. COUNCILMAN TALBOT: And if it goes any further as far as full-time, it will be re-addressed at the Board level. SUPERVISOR RUSSELL: We will address it if the economy changes and it would need to go full-time. That would obviously make it less attractive and we will evaluate that at that time. 2011-76 CATEGOR~ DEPARTMEN~ Employment - Town Accounting January 4, 2011 Page 27 Southold Town Board Meeting Minutes Appoint Lloyd Kalin to Highway Labor Crew Leader RESOLVED that the Town Board of the Town of Southold hereby appoints Lloyd A. Kalin to the position of Highway Labor Crew Leader for the Highway Department, effective January 6, 2011, at a rate of $29.6175 per hour. Vote Record - Resolution RES-2011-76 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled Willialn Ruland Voter ~ FI [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-77 CA TEGOR Y: DEPARTMENT: Employment - Town Accounting Appoint dames Rogers to Highway Labor Crew Leader RESOLVED that the Town Board of the Town of Southold hereby appoints James S. Rogers to the position of Highway Labor Crew Leader for the Highway Department, effective January 6, 2011, at a rate of $26.5388 per hour. Vote Record - Resolution RES-2011-77 [] Adopted [] Adopted as Amended [] Det~ated Yes/Aye No/Nay Abstaiu Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdcawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot seconder [] [3 [] [] [3 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 2011-78 CA TE GO R Y: DEPARTMENT: Budget Modification Assessors Budget Modification- Assessors Fiscal Impact: Please consider the.fi)llowing resohttion to modify our current budget. This is to tran.~fer the part-time salary to.full time from when our part-timer was hired full time January 4, 2011 Page 28 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby modifies the Whole Town~ General Fund 2010 budget as follows: To: A1355.1.100.100 From: A1355.1.200.100 Board of Assessors Full Time Earnings Regular Earnings $13,500 Board of Assessors Part Time Employees Regular Earnings $11,000 A1355.4.500.200 Board of Assessors Fee for Service Appraisals 2,500 Vote Record - Resolution RES-2011 [] 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 Seconde~ [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-79 CA TEGOR Y: DEPARTMENT: Enact Local Law Town Clerk Enact Local Law "Animals" WHEREAS, there had been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 14th day of December, 2010, a Local Law to amend Chapter 83 of the Town Code of the Town of Southold entitled "Animals" to comply with new State regulations regarding the licensing of dogs and WHEREAS the Town Board of the Town of Southold held a public hearing on the following Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 4th day of January, 2011 at 4:32 p.m. at which time all interested persons were given an opportunity to be heard, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "Local Law to amend Chapter 83 of the Town Code of the Town of Southold entitled Animals which reads as follows: January 4, 2011 Page 29 Southold Town Board Meeting Minutes LOCAL LAW NO. 1 of 2011 A Local Law entitled, "Animals" to comply with new State regulations regarding the licensing of dogs. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 83 of the Code of the Town of Southold is hereby amended by deleting the stricken words and adding the underlined words as follows: ARTICLE III Dog Liccn:c Fcc: Licensing and Identification §83-16. Legislative Authority. This A~ticle is enacted pursuant to the provisions of (Chapter 59; Part T of the Laws of 2010) Article 7 of the Agriculture and Markets Law and the Municipal Home Rule Law of the State of New York. §83-17. Purpose. The Town Board of the Town of Southold hereby finds and declares that the purpose of this Article is to provide for the licensing and identification of dogs in an effort to control and protect the Town's dog population and for the health, safety and welfare of the residents of the Town of Southold. §83-18. Definitions. For the purpose of this Article, the terms used herein are defined as follows: AGRICULTURE AND MARKETS LAW - The Agriculture and Markets Law of the State of New York in effect as of the effective date of this Chapter, as amended by this Chapter, and as thereafter amended. IDENTIFICATION TAG - A tag issued by the Town Clerk which sets forth the identification number together with the name of the Town and State, the telephone number of the Town Clerk, and any other information deemed necessary by the Town Clerk. OWNER - means any person who harbors or keeps any dog or other animal. OWNER OF RECORD - means the person in whose name a dog was last licensed pursuant to this Chapter. PERSON - An individual, association, finn, syndicate, company, trust, corporation, department, bureau or agency or any other entity recognized by law as the subject of rights and duties. January 4, 2011 Page 30 Southold Town Board Meeting Minutes RESIDENT - An individual who maintains a residence within the Town of Southold, County of Suffolk, State of New York. TOWN - means the Town of Southold, County of Suffolk, State of New York. RUN AT LARGE - means to be in a public place or on private land without the knowledge, consent and approval of the owner of such lands. §83-19. Licensing of Dogs. A. No person shall own or possess a dog within the Town unless such dog is licensed and identified as provided in Article 7 of the Agriculture and Markets Law and laws of the Town. B. All dogs within the Town that are four (4) months of age or older, unless otherwise exempted, shall be licensed. No license shall be required for any dog which is under the age of four months and which is not at large. C. The owner of each dog required to be licensed shall obtain, complete and return to the Town Clerk a dog license application together with the license application fee, any applicable license surcharges and such additional fees as may be established by the Town. §83-20. Licenses issued only by Town Clerk. The Town does not allow the licensing of dogs by a shelter. The shelter must send the adoptive dog owners to the Office of the Town Clerk for the purchase of the license for adoption purposes. §83-21. Proof of Vaccination against Rabies. Each license application shall be accompanied by proof that the dog has been vaccinated against rabies or a statement from a licensed veterinarian that such vaccination would endanger the dog's life in which case vaccination shall not be required. §83-22. Term of License and Renewals. Each license issued pursuant to this Local Law shall be valid for a period of one year and shall expire on the last day of the last month of the period for which it was issued. No license shall be issued for a period expiring after the last da,/of the eleventh month following the expiration date of the current rabies certificate for the dog being licensed. §83-23. Fees. A. Individual Dog License Fee 1. $10.00 for a spayed or neutered dog 2. $15.00 for an unspayed or unneutered dog B. State Mandated Animal Population Control Surchage January 4, 2011 Page 31 Southold Town Board Meeting Minutes 1. Each individual dog license for a spayed or neutered dog shall be subiect to an Animal Population Control Surcharge in the amount of $1.00 payable at the time the dog license application is filed. 2. Each individual dog license for an unspayed or unneutered dog shall be subiect to an Animal Population Control Surcharge in the amount of $3.00 payable at the time the dog license application is filed. Dog Enumeration Surcharge Each dog found to be unlicensed during a Town dog enumeration, shall be subiect to a $15.00 dog enumeration surcharge payable at the time the application is filed to license said dog. Replacement Tag Fee A replacement tag fee of $3.00 shall be charged to offset the costs associated with the provision and replacement of identification tags. Fee Exemptions 1. Them shall be no fee for any license issued for the following: ~uide dog, heating dog, service dog, war dog, working search dog, detection dog, police work dog, therapy dog. 2. Each copy of any license for such dogs shall be conspicuously marked "Guide Dog", "Hearing Dog", "Service Dog", "Working Search Dog", "War Dog", "Detection Dog", "Police Work Dog", or "Therapy Dog", as may be appropriate by the Clerk. §83-24. Issuance of license[ identification tag. A. Upon validation by the Town Clerk, a dog license shall be issued and a record of its issuance retained in the office of the Town Clerk. Such record shall be made available upon request to the State Commissioner of Agriculture and Markets, or successor thereof. No license shall be transferable. Upon the transfer of ownership of any dog, the new owner shall immediately apply for a new license for the dog. A license cannot be transferred to another dog owner. Change of Ownership, Lost or Stolen Dogs 1. Upon the transfer of ownership of any dog, the new owner shall immediately make application for a license for such dog. The original issued identification tag shall remain the same for the life of the dog. 2. In the event of a change in ownership of any dog that has been assigned an official identification number, or in the event of a change of address of the owner of record of any such dog, the owner of record shall, within ten days of such change, notify the Town Clerk. 3. If any dog which has been assigned an official identification number is lost or stolen, the owner of record shall, within ten days of the discovery of such loss or theft, notify the Town Clerk. 4. In the case of a dog's death, the owner of record shall so notify the Town Clerk either prior to renewal of license or upon the time of such renewal. Identification tag 1. The Town Clerk shall assign a Town permanent official identification number to a dog when it is first licensed. Such identification number shall be carried by the January 4, 2011 Page 32 Southold Town Board Meeting Minutes dog on an identification tag which shall be affixed to the collar of the dog at all times. No tag carrying an identification number shall be affixed to the collar of any dog other than the one to which the number has been assigned. Any person wishing to replace a tag previously issued shall pay the sum of $3.00 dollars to the Town Clerk for a replacement tag. §83-25. Penalties. Any person convicted of a violation of this Article shall be liable for a civil penalty of $10.00 for a first violation, of $20.00 for a second violation, and $30.00 for each subsequent violation. §83-26. Repeal of Inconsistent Local Laws or Ordinances. This Local Law shall supersede all prior inconsistent Local Laws, Ordinances, Rules and Regulations relative to the licensing of dogs within the Town. All prior inconsistent Local Laws, Ordinances, Rules and Regulations shall be, upon the effectiveness of this Local Law, null and void. II. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IlL EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. January 4, 2011 Page 33 Southold Town Board Meeting Minutes Vote Record -Resolution RES-2011-79 [] Adopted [] Adopted as 2Mnended [] Defeated Yes/Aye No/Nay Abstain Absent ~ Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [~ [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter ~ F1 [3 [] [] Rescinded Louisa P. Evans Secondtn' [] [] [] [3 [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action VI. Public Hearings Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 5:IIPM in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell PH 1/4 4:32 Pm - LL/Dog Licenses - Set For RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Councilman Talbot COUNCILMAN TALBOT: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 14tb day of December, 2010, a Local Law to amend Chapter 83 of the Town Code of the Town of Southold entitled "Animals" to comply with new State regulations regarding the licensing of dogs RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the following Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 4th day of January, 2011 at 4:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "Animals" reads as tbllows: LOCAL LAW NO. 2011 A Local Law entitled, "Animals" to comply with new State regulations regarding the licensing of dogs. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 83 of the Code of the Town of Southold is hereby amended by deleting the stricken words and adding the underlined words as follows: January 4, 2011 Page 34 Southold Town Board Meeting Minutes ARTICLE III Dog L~ecnsc Fees Licensing and Identification §83-16. Legislative Authority. This Article is enacted pursuant to the provisions of(Chapter 59; Part T of the Laws of 2010) Article 7 of the A~riculture and Markets Law and the Municipal Home Rule Law of the State of New York. §83-17. Purpose. The Town Board of the Town of Southold hereby finds and declares that the purpose of this Article is to provide for the licensing and identification of dogs in an effort to control and protect the Town's dog population and for the health, safety and welfare of the residents of the Town of Southold. §83-18. Definitions. For the purpose of this Article, the terms used herein are defined as follows: AGRICULTURE AND MARKETS LAW - The Agriculture and Markets Law of the State of New York in effect as of the effective date of this Chapter, as amended by this Chapter, and as thereafter amended. IDENTIFICATION TAG - A tag issued by the Town Clerk which sets forth the identification number together with the name of the Town and State, the telephone number of the Town Clerk, and any other information deemed necessary by the Town Clerk. OWNER - means any person who harbors or keeps any dog or other animal. OWNER OF RECORD - means the person in whose name a dog was last licensed pursuant to this Chapter. PERSON - An individual, association, firm, syndicate, company, trust, corporation, department, bureau or agency or any other entity recognized by law as the subiect of rights and duties. RESIDENT - An individual who maintains a residence within the Town of Southold, County of Suffolk, State of New York. TOWN - means the Town of Southold, County of Suffblk, State of New York. RUN AT LARGE - means to be in a public place or on private land without the knowledge, consent and approval of the owner of such lands. §83-19. Licensing of Dogs. A. No person shall own or possess a dog within the Town unless such dog is licensed and identified as provided in Article 7 of the Agriculture and Markets Law and laws of the Town. B. All dogs within the Town that are four (4) months of age or older, unless otherwise exempted, shall be licensed. No license shall be required for any dog which is under the age of four months and which is not at large. C. The owner of each dog required to be licensed shall obtain, complete and return to the Town Clerk a dog license application together with the license application fee, any January 4, 2011 Page 35 Southold Town Board Meeting Minutes applicable license surcharges and such additional fees as may be established by the Town. §83-20. Licenses issued only by Town Clerk. The Town does not allow the licensing of dogs by a shelter. The shelter must send the adoptive dog owners to the Office of the Town Clerk for the purchase of the license for adoption purposes. §83-21. Proof of Vaccination against Rabies. Each license application shall be accompanied by proof that the dog has been vaccinated against rabies or a statement from a licensed veterinarian that such vaccination would endanger the dog's life in which case vaccination shall not be required. §83-22. Term of License and Renewals. Each license issued pursuant to this Local Law shall be valid for a period of one year and shall expire on the last day of the last month of the period for which it was issued. No license shall be issued for a period expiring after the last day of the eleventh month following the expiration date of the current rabies certificate for the dog being licensed. §83-23. Fees. Individual Dog License Fee 1. $10.00 for a spayed or neutered dog 2. $15.00 for an unspayed or unneutered dog State Mandated Animal Population Control Surcharge 1. Each individual dog license for a spayed or neutered dog shall be subject to an Animal Population Control Surcharge in the amount of $1.00 payable at the time the dog license application is filed. 2. Each individual dog license for an unspayed or unneutemd dog shall be subject to an Animal Population Control Surcharge in the amount of $3.00 payable at the time the dog license application is filed. Dog Enumeration Surcharge Each dog found to be unlicensed during a Town dog enumeration, shall be subject to a $15.00 dog enumeration surcharge payable at the time the application is filed to license said dog. Replacement Tag Fee A replacement tag fee of $3.00 shall be charged to offset the costs associated with the provision and replacement of identification tags. Fee Exemptions 1. There shall be no fee for any license issued for the following: guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog, therapy dog. 2. Each copy of any license for such dogs shall be conspicuously marked "Guide Dog", "Hearing Dog", "Service Dog", "Working Search Dog", "War Dog", January 4, 2011 Page 36 Southold Town Board Meeting Minutes. "Detection Dog", "Police Work Dog", or "Therapy Dog", as may be appropriate by the Clerk. §83-24. Issuance of license; identification tag. A. Upon validation by the Town Clerk, a dog license shall be issued and a record of its issuance retained in the office of the Town Clerk. Such record shall be made available upon request to the State Commissioner of Agriculture and Markets, or successor thereof. No license shall be transferable. Upon the transfer of ownership of any dog, the new owner shall immediately apply for a new license for the dog. A license cannot be transferred to another dog owner. Change of Ownership, Lost or Stolen Dogs 1. Upon the transfer of ownership of any dog, the new owner shall immediately make application for a license for such dog. The original issued identification tag shall remain the same for the life of the dog. 2. In the event of a change in ownership of any dog that has been assigned an official identification number, or in the event of a change of address of the owner of record of any such dog, the owner of record shall, within ten days of such chan~e, notify the Town Clerk. 3. If any dog which has been assigned an official identification number is lost or stolen, the owner of record shall, within ten days of the discovery of such loss or theft, notify the Town Clerk. 4. In the case of a dog's death, the owner of record shall so notify the Town Clerk either prior to renewal of license or upon the time of such renewal. Identification tag 1. The Town Clerk shall assign a Town permanent official identification number to a dog when it is first licensed. Such identification number shall be CalTied by the dog on an identification tag which shall be affixed to the collar of the do~ at all times. No tag carrying an identification number shall be affixed to the collar of any dog other than the one to which the number has been assigned. Any person wishing to replace a tag previously issued shall pay the sum of $3.00 dollars to the Town Clerk for a replacement tag. §83-25. Penalties. Any person convicted of a violation of this Article shall be liable for a civil penalty of $10.00 for a first violation, of $20.00 for a second violation, and $30.00 for each subsequent violation. §83-26. Repeal of Inconsistent Local Laws or Ordinances. This Local Law shall supersede all prior inconsistent Local Laws, Ordinances, Rules and Regulations relative to the licensing of dogs within the Town. All prior inconsistent Local Laws, Ordinances, Rules and Regulations shall be, upon the effectiveness of this Local Law, null and void. January 4, 2011 Page 37 Southold Town Board Meeting Minutes II. SEVERABILITY if any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. We have this notice that it was posted in the Suffolk Times on the 23rd of December and the 30th of December and that it was posted on the Town Clerk's bulletin board. Supervisor Russell SUPERVISOR RUSSELL: Would anybody like to address the Town Board on the dog licensing law that is proposed? (No response) Hearing none. Closing Comments Supervisor Russell SUPERVISOR RUSSELL: That concludes the business of the Town Board. Would anybody like to come up and address the Town Board on any issue? Mr. Wagner? Don Wagner, Southold DON WAGNER: Good evening, I am Donald Wagner, I live in Founders Village. citizens hangout, if you will. You have to be 55 there. The senior COUNCILMAN ORLANDO: It is not a bad place. Very nice place there. MR. WAGNER: We like it very much. All 92 units. I am here tonight to ask for your assistance, we know what our problem is at the federal level. We only have fourteen trillion dollars in debt right now, we know we have problems at the state level where the state is almost broke, if you want to look at it real sehously and so it comes down to the point we have to try to help ourselves and one of the big offenders which offends the Board here, too, I am sure, is the state pension fund which you have to add money to now. Per the latest laws and regulations. In certain things that you are contributing to are nonexistent in private industry, like the average private industry pension is based on your base salary the last year or your last five years, it could January 4, 201 l Page 38 Southold Town Board Meeting Minutes vary somewhat but there is no clause in there for overtime in the last year or two before and there is no pay for unused sick and vacation days in private industry. Now my request to you folks here and you do have the authority to say this, when the next contract is up, you make sure that you say no to these giveaways. Because what it comes down to is many of the civil service employees are retiring on 90 percent of their pay or more. And I worked in my business for 36 IA years and I consider myself very lucky, I retired on 49 percent of my salary in the last year. So there is a tremendous difference here and with, as you know, we seniors in social security, got no increase last year and this year. Just yesterday we got our first check in the new year and it read the same as it did in 2009. So, some of us are really hurting and if you folks can do anything at all to help the situation, it would be greatly appreciated. The other item I would like to ask you (inaudible)... COUNCILMAN ORLANDO: Maybe we can get the government to do a lump sum payout for social security. MR. WAGNER: Right. COUNCILMAN ORLANDO: Instead of the payments. MR. WAGNER: Well, it is not an easy task. COUNCILMAN ORLANDO: I am just kidding. MR. WAGNER: The other item is I have been active in the Southold School district board meetings and I stir up the pot once in a while. The sheet I give you here shows what it, the total budget that was voted on and passed in each one of the school districts last May, with the number of students that each school district claimed they had and you can see that the five school distr/cts within the Town of Southold vary from $22,000 per student costs up to $31,000 or an average of $25,000 per student. Now three larger school districts, Riverhead is $22,000; Patchogue $19,000; Smithtown, which has 10,000 students, they are only costing $19,000 per student and the main reason for this is that it is a larger school district and some of the classes that here in Southold may only have 10 or 15 students in them but they are required classes and a place like Smithtown or Patchogue, they fill these classes with 25 students and also that we have here in Southold five superintendents. And we only have a total of 31,000 students. So, substantial room here to save costs. So, right now, we have some thoughts, I am trying to convince the Southold School board that some consolidation would be good. But Mattituck has not been convinced, because we have got to get two school districts to sign a letter to the Board of Education in Albany saying that we want to consolidate and then they will form a committee or do a study and it will be possible to do this. But what I am asking you is, if any of you have contact with Mattituck or Greenport, those are the three main ones, talk to them and ask them why can't you consolidate? We can save, as I say in here, if the annual town savings without Oysterponds and New Suffolk school district, would be $10 million. Ten million dollars. That is a substantial savings. And I would ask that you try to encourage these other school districts. I personally have not had much luck enlisting them because everyone wants their local control which is nice but there are so many state mandates that they have very little local control to start January 4, 2011 Page 39 Southold Town Board Meeting Minutes out with. So I would ask if you can do anything at all, it will help us seniors substantially. Thanks. SUPERVISOR RUSSELL: Mr. Wagner, can I just comment on the pension issue that you raised first? MR. WAGNER: Yes. SUPERVISOR RUSSELL: That is a huge issue and I agree with you wholeheartedly. Fundamental economics of every governmental agency that is strapped right now is the result of the retirement defined benefit plan. And you are right about the abuses. The people that load up the last few years of service and cash out on a pension that is far greater than what their base would be, effectively getting paid for that overtime, not just the year that they worked it but for every year that they retire. You are right about all of that. None of that, unfortunately, gets regulated at a local level. All we get each year is the bill, this huge bill that grows each year from the State of New York. They give us no discretion in terms of the collective bargaining to negotiate contributions to a retirement system. When I first started here ! was what was called a Tier 4 employee, so I had to contribute a part of my salary to the pension fund, when the money was rolling in back in 95 and 96 the state you know, did away with that and all the public employee service workers loved it but now I don't even have to pay into my own retirement plan which is a defined benefit plan. I find that well, obnoxious to say the least. And I agree with you, unfortunately at the local level there is not, there is very little we can do about the way the state administers the pension fund. MR. WAGNER: Particularly what you can do is if you do have an employee contract coming up, you must consider any sort of wage increases. The new governor Cuomo is now talking about freezing salaries at that level and the seniors have already been frozen with the social security tbr a couple of years and one of the biggest offenders is our own Southold School district. They signed three years ago a five year contract with 4 percent each year salary increase plus the longevity which is 3.5 percent, so each year this past July 1 they got another 7.5a percent and in the five years of the contract, they will be getting 40 percent salary increase. SUPERVISOR RUSSELL: We actually did get a salary freeze for 2009 f¥om the CSEA. We are largely governed by two unions in Southold, CSEA and then the PBA. We have insisted on a salary freeze for the PBA for 2009 along with some other concessions including contributions to the medical coverage. They haven't agreed to that, we are in arbitration now. So that is headed to a judge for a decision. But we are firm on that, the freeze for 2009 and then the medical which is something that needs to be a part of the discussion as well. The notion of free medical coverage is, it is a new day and I don't think that people can have a reasonable expectation to think they can get medical and retirement benefits without having to contribute something to them. COUNCILMAN KRUPSKI: Right. And we did extend that reality to elected officials, with no pay increase last year and this year and our elected officials 5 % into the medical. So we understand the realities. January 4, 2011 Page 40 Southold Town Board Meeting Minutes MR. WAGNER: Well, I appreciate your thoughts and I just encourage you to continue the fight to control spending. That is the only thing that is going to save us at the town level, state level... SUPERVISOR RUSSELL: That is what we found here. I mean, I don't want to brag but we are operating at a $5.6 million surplus because this Board knew that's the only way we are going to get out of the economic crisis, was to not spend money. You see Councilman Ruland's work on issues like lubricants, I mean he has a, I don't think he says it but I think he operates under the premise that if you watch the pennies the dollars will take care of themselves. And it really has paid off: That is exactly right. MR. WAGNER: That is true. Very true. Thank you. COUNCILMAN RULAND: I would like to comment to your remarks which were certainly well-founded. First of all, on the pension issue. I would disagree that the little guy, there is nothing the little guy can do, alright? One of the things we heard from the new governor which is shocking is that he says the pension system has to be refom~ed. No governor has said that previously and it doesn't matter which side of the aisle he came from, no governor has said that. Now to get this done, to get it through the assembly, this is going to be monumental. Okay? But the public, people such as yourself and anyone who might be in this room plus all the people that aren't, certainly can have a say, alright? And their say is, they need to contact these very people. Not just our own elected representatives, alright? But certainly in the assembly, the power people in the assembly and tell them enough is enough alright, because let's face it and I have said this before and people are going to say you have said that before, you know, New York City controls the assembly. But their financial house in New York City isn't doing so hot either. MR. WAGNER: That is right. COUNCILMAN RULAND: And everybody is faced with this same what that the supervisor is talking about, the contribution to this plan. Then the refunding of the plan because the manager of the plan invested poorly and didn't take the money out of a very volatile market and stuck you with a bill to pay a second time. Which to me is just terrible. You know, grandpa had a saying that said cash doesn't go bad. That pension fund money that was invested should have been taken out of the marketplace and put some, alright, where it would, we just had to in our organizational meeting for the banks that do business with us, they have to collateralize the money that we deposit there so that the taxpayer doesn't lose. Here is the pension fund for the whole state. I spoke personally with the comptroller and he said, no that is not the way the system operates, so you don't capitalize the people's money and you lose it in the market and then you have the gall to say oh, by the way, you are going to have to pay again. Oh, but that is okay, you can pay it over three year. Well, guess what? Over three years you are going to pay three times. You understand. I know you understand. But the bottom line is, the average citizen has got to say enough is enough. People will tell me, well, you know, you are a town official, you are paid to do that. And ifa legislator or anyone gets 400 emails or 400 letters or 500 letters, it is different than if I call them up and say look, I have got 400 constituents that are really upset about this, they go, oh yeah, sure, and that is where it is. This is something that is going to take, January 4, 2011 Page 41 Southold Town Board Meeting Minutes I don't know if it will get done in 2011 but the governor is either going to have to compromise and he doesn't know where he is going to get the money to fund the state's responsibility to the pension fund. So at least there is this little bit of momentum that if we all say look, something has to be done. As Scott said, maybe something can be done. Now, just changing gears, talking about your school issue. I have a little bit of experience in schools and specifically Mattituck- Cutchogue and grandpa had another saying, that things aren't always as they appear. We have talked about this, I spent 24 years on the school board in Mattituck and we talked about it for 24 years and we were able in that time, we annexed the Laurel Common School district into our district. It was a situation where Laurel couldn't pass a budget and they couldn't pass a building project. We needed to build and common sense said, we will go to them one more time and say look, we need to get together. Let's build a school, let's unite. It is better for the children, it will be better for the community, larger is better. Alright, it passed fuur to one. It was a good deal and it only took 40 years for that to happen. They talked about it 40 years. It took 40 years to happen and then it came down to the money, alright? That is what it came down to. They couldn't afford to do anything anymore and a deal was made. We were fortunate enough not to get an increase in building aid but we got reorganization aid and the taxpayer got the best deal. We got a new elementary school and services were consolidated and overall now, how many years later? Twenty years later already, there has been savings. There is no question about that. But now as we look at the item that you mentioned and talk about, and incidentally, there is another high school, a school district in the Town of Southold, is Fishers Island which is part of the Town of Southold, they have a high school, I hate to leave t hem out when anybody says how many districts in the town... MR. WAGNER: They have just as much rights as we do. COUNCILMAN RULAND: They are there. JUSTICE EVANS: Inaudible. COUNCILMAN RULAND: Well, they have a unique situation, Louisa. But I would agree with you, the most important thing is for people to sit down and talk about all the issues and what it takes and thinking it all the way through because it is one of those things that once you do it, you can't undo it. MR. WAGNER: Right. COUNCILMAN RULAND: And certainly you know that for instance, the people of Oysterponds and New Suffolk, 1 doubt that they would ever vote to merge with anyone and up to this point, the commissioner has never ever indicated that he would use his authority to force it. Because he can, he can order it done and that is the end of it. But we also know that all these costs are driven by assessed valuation. That is what it boils down to. The assessed value behind the school district whether it is real or not and we have argued about this for years. I know you have. Right. Whether it is real or not, whether the value of value of the Southold Union Free School District is really as it said for tax purposes or not, people would debate probably into the next century but the fact of the matter is, compared to the rest of the State of New York, oh man, January 4, 2011 Page 42 Southold Town Board Meeting Minutes you have got a wealthy district there. Which isn't the case, it isn't the case at all. There is no measure of the people's ability to pay. As you talked about, my social security didn't go up at all last year or this year and who knows what is going to happen, even if social security will be there next year. We don't know those things. But the bigger issue in my mind and how it focuses into this, is if you make a merger of any of these, will that combined district assessed value, will that assessed value equate, when it comes all down to it, will it equate to a lesser cost per student tbr our children who are involved here or will it underwrite school district elsewhere with a lesser evaluation? Which has been the case since the beginning of time. You pay out to the State of New York way more money than you get back in school aid, so in essence, in a district where my daughter works, where they get 94 percent building aid, they build, whenever they have got to build something, they build it. Because you and 1 and everybody else is paying for it. We don't get that fair shake. This comes down to the school funding and how schools are funded. Which is, it goes back to the revolutionary times of the original founding public education in New York State, how is school funded? You know, it was very sketchy back then. They all said free and appropriate. Determined by a local board. People, in my opinion, need to pay a lot more attention to their local school board and who they elect to them and what they really stand for because in a very short period of time, as you just mentioned, things can go from let's say the center of the road, way, and usually it is very expensive when it deviates something like that. I think that the schools at least owe the people the chance to look closely at the feasibility. Feasibility studies were done in the past, I know there was one that I was involved in and interestingly enough, it was one that I will never forget because I thought that we were close and we were out in Oysterponds and everybody was there and Southold stood up and said, we are building a school, we are going on our own and they walked out. And that was the end of it. That really was the end of it. And it comes to, again, the people's ability to pay, which is very tough at this time. How much more can they take? They can't take much more. Something has to be done. We need to look at, look at everything. You know, you can always say no but if you don't look, how can you say no when you didn't even look. I agree with you wholeheartedly and yes, I do know a few people in Mattituck-Cutchogue and I will encourage them to look at it. MR. WAGNER: Thank you very much. COUNCILMAN RULAND: That was a very long answer to a very short question. SUPERVISOR RUSSELL: It is an issue he can speak with a great deal of depth on and just this little side note that I like to tell people, that when I graduated Mattituck High School in 1982, Mr. Ruland was the one that handed me my diploma. As president of the school board. COUNCILMAN RULAND: Thank you, sonny. SUPERVISOR RUSSELL: You are welcome. MR. WAGNER: Thank you very much. SUPERVISOR RUSSELL: Who else would like to, John? John Becht, Southold VOICE JOHN BETSCH: John Betsch, Southold. I guess I should identify, I am really going to ask the January 4, 2011 Page 43 Southold Town Board Meeting Minutes question as chairman of Southold VOICE. The Christmas blizzard that did significant damage to the whole north side of Southold, actually way past. Baiting Hollow, Riverhead all the way out, both to Town assets, Kenney's and McCabe's beach and Town beach, the three town beaches were really devastated and private property. Can you give us any kind of summary maybe or update of what the Town is doing or what we can do as both an organization and private people? SUPERVISOR RUSSELL: Yes. Two different aspects. Number one is the permitting, Jill Doherty from the Town Trustee's has been working as hard as I have in contacting Peter Scully and others who have assured us that they are going to create an expedited emergency repair permit process for those who want to make those repairs to the homes that have suffered damage. The second component is FEMA will be out tomorrow to do inspections. There are two separate reviewing groups from FEMA. One is what they call the PA unit, that is for the public assistance unit. That will be the group that will be reviewing all the damage we suffered for the town infrastructure, Town beach, Soundview Avenue. We estimated about $1,017,000 worth of damage. They will be reviewing that and aggregating that with the losses in the other region to determine whether we met the threshold for federal assistance for reimbursement for repair. The second unit, which I believe they call the IA unit will be looking at private properties. I have arranged for Robert Scott ti'om the Assessors office to show them, he knows those properties very well. Bill Sawicki from the police department will take that second unit out and show them all the damage to all the private properties in the town. In that instance, if they meet thresholds for damage again, looking at Suffolk county regionally as a region and as a threshold that is met, I can't speak specifically to what FEMA will do but typically would offer low interest loans for those who want to undertake repairs at revetment, things like that. FEMA is big on getting people to invest in preventing future damage. Getting the seawalls up, getting the sand in place, the revetment in place. Things like that. We will know more when they come out and inspect. COUNCILMAN KRUPSKI: And it is important also for adjacent property owners to work together. Twenty years ago we had the same scenario, we had some bad nor'easters and we sat right here with DEC and we issued emergency permits, so the people could shore up their property, protect their property immediately, you know, with the contractors with plans. And then come in for public hearings later because you want to make sure their house is secure and their property is secure right away. So you really, if you can work with property owners to do a better job of fortifying and protecting your property, it is usually better than trying one person to do one thing, next door you do something else, the next door something else, then you get a mishmash of projects which mother nature is just going to tear apart. They are having pretty good success stories from 20 years ago and you really have to walk along that stretch of beach and see which place has held up and which didn't. SUPERVISOR RUSSELL: But we will hopefully know more after FEMA, the two teams come in tomorrow and inspect. MR. BETSCH: Inaudible. SUPERVISOR RUSSELL: Yes. January 4, 201 t Page 44 Southold Town Board Meeting Minutes MR. BETSCH: They really have. They have gone out of their way to get emergency permits. People have to understand though, emergency permits are just temporary fixes which eventually have to be removed again. They are not the permanent fix. SUPERVISOR RUSSELL: Right. MR. BETSCH: By definition, I believe. COUNCILMAN KRUPSKI: I don't think so. I think if you have a plan to redo something permanently, I think that would .... MR. BETSCH: That would fall under the emergency plan? COUNCILMAN KRUPSKI: I believe so. It should. COUNCILMAN TALBOT: You are replenishing the sand, I don't think they are going to make you remove it. COUNCILMAN KRUPSKI: No but sand or even a permanent revetment or you know, where people have existing structure, to repair or replace that existing structure should be under, especially a lot of this permit because it was wiped out 20 years ago, well, it is already permitted but they should be able to issue a permit immediately with a contractors plans to replace this. SUPERVISOR RUSSELL: Let me just also, them are two separate issues. One is to repairing the damage that has taken place to the dwelling, to the property. There are other circumstances and I think that, and I am having a meeting, I am trying to coordinate a meeting tbr next week to get all the players, particularly at Arshamomaque cove in one room because I think there might be this expectation that sooner or later the federal and or the state government is going to come in and rebuild beaches and create revetment and I don't think that is realistic. What I want to do is get all those decision makers in one room so everybody has a clear understanding of what to expect from the federal and state government for mitigation as we move forward. The emergency repairs is one thing, that is what FEMA will be here tomorrow for but what are we going to do about the longterm solution? Is there going to be action, we talk about studies, we talk about, but even a study just gets talked about, it doesn't actually get done. And there needs to be a situation where somebody steps up and say what can we expect and when can we expect it? MR. BETSCH: Two things you just said. One was that FEMA is going to come out to look at our more public assistance? SUPERVISOR RUSSELL: Two different teams. MR. BETSCH: Inaudible. If they say, I will just take McCabe's beach for example, that is decimated. They will say, no problem, put in so many cubic yards or tons of sand, what happens to the private property that is say, close? January 4, 2011 Page 45 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: That is a good question and I think that is why they are sending two different groups, the PA group and the IA group, the individual assistance group. So that there could be some sort of coordinated plan because I will give you an example, Soundview, that section of Soundview that washed away, it is just not safe. We had to close it up but there is no way the town can get in and fix that road, shore up the base there without encroaching on private property that suffered a lot of damage. That is where 1 think both of the PA and the IA components are going to have to work together at coming up with some of those fixes. MR. BETSCH: Inaudible. SUPERVISOR RUSSELL: Absolutely. MR. BETSCH: Throughout the town where the town assets are very... COUNCILMAN ORLANDO: Hand in hand. SUPERVISOR RUSSELL: You are absolutely right. MR. BETSCH: And the other, you just mentioned that Bob Scott is going to show people, be SUPERVISOR RUSSELL: I asked him to make himself available to the IA group. MR. BETSCH: How is, he is going to know every property that has got damage? SUPERVISOR RUSSELL: Well, what we are going to do is we have reports of damage that we have already started with, a list of people that have let us know. Soundview, the people over there, those other areas. But Bob is very familiar with the coastline and he is going to try to include as much damage and show you know, well west of Arshamomaque, the damage along there. I have to be perfectly candid, I am not even sure all the homeowners know yet how much damage they suffered because of the seasonal nature of some of those homes. But we are going to do the best we can. Right now the first goal is to reach a dollar threshold on damage. Reach that $4,000,000 local threshold on damage. And Bob is going to go out, he knows the coastal areas, he has been assessing here for 20 some odd years and I have asked him to try and go out and show as much as possible damage out in East Marion, damage in Greenport, damage in Southold. Try to be as inclusive as possible so that we can get those numbers up. COUNCILMAN ORLANDO: John, if you have a list or know of more homes that maybe Bob doesn't know, why don't you touch base with Bob tomorrow? MR. BETSCH: I will talk to him. Inaudible. I know people all the way down to Goldsmiths that have issues. COUNCILMAN TALBOT: As of this morning, the Trustees had only issued two permits January 4, 2011 Page 46 Southold Town Board Meeting Minutes because those were the only two that came in. You know, the town was ready to help out the residents. 1 would suggest that all of these residents that have problems get in there and get a plan together and the town is here ready to serve you guys on t his. MR. BETSCH: I knew the two permits from down on Route 48 were issued. Some of the people there, I know with the houses, they are not even around, they didn't even know what was done. SUPERVISOR RUSSELL: That is what I talked to Bob about, you know, particularly those seasonal areas where people are in Florida or elsewhere now who might not even be aware of what their losses were. Again, the reason I went to Bob is because of his institutional knowledge of that whole shoreline and try to be as inclusive right now, it is not about who should qualify for what, it is about let's get that number up. Bring that threshold up. MR. BETSCH: Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any issue? Benja Schwartz BENJA SCHWARTZ: Benja Schwartz. It is rather ironic that you approved the Bombara application before we spoke about the storm damage. Does that, do you feel that that, your decision to approve that will set a precedent? COUNCILMAN TALBOT: You mean the rest of that street will get built out? COUNCILMAN KRUPSKI: No, because... COUNCILMAN TALBOT: You mean the coastal erosion hazard line? COUNCILMAN KRUPSKI: No, because our decision is, recognizes the importance of natural protective features and our decision protects that. And in that storm event, that is the only thing in this case on that piece of property and I looked at the piece of property after the storm because I was kind of curious because we were involved in it. The natural protective feature there protected the property and protected the road. COUNCILMAN TALBOT: Yes, the brush that came up just to the edge of it, the most northerly portion of that property, I was down there on Monday, Tuesday and back there again today and looked at it and interestingly enough, I was thinking about that when I went down Soundview Avenue and sure enough, I went down there and it hadn't been affected. COUNCILMAN KRUPSKI: Yes. MR. SCHWARTZ: What natural protective? COUNCILMAN KRUPSKI: The dunes. January 4, 2011 Page 47 Southold Town Board Meeting Minutes COUNCILMAN TALBOT: There is a, I don't know if it is large enough to call it a dune, they call it .... COUNCILMAN KRUPSKI: Well, it is the natural protective feature. Whether you call it the primary dune or the secondary dune, that is what it is and that is what we were very concerned about protecting because that is your storm surge protection. And it was. And it is vegetated and that is the key there, if you look at that whole stretch that is vegetated you can see how that protected the beach and protected the elevation and anything that can be done to restore that vegetation that was lost is obviously very important because that was a severe storm and that really tells the story of what happens. COUNCILMAN ORLANDO: And the beach grass helped McCabes. COUNCILMAN KRUPSKI: Absolutely. COUNCILMAN ORLANDO: So it really works. MR. SCHWARTZ: I hope you are right. Unfortunately, i see a lot of the damage not being caused just by the storm but being caused by the building, the hardening of the coastline and the building upstream of the properties that are damaged. If you protect the one property, the energy goes back and changes course and is likely to affect the next property and just think the, you know, your job was supposed to be to protect the Town, not just the property and the property owners but also the beach, the people who use the beach, the public. I was very disappointed in the wording of this resolution. It did not indicate that there was any hard look taken at the potential environmental impacts. It indicated that there was a long application process in which it was a way around and I haven't seen the decision yet, so I will be looking at that but there was, instead of doing an environmental impact statement, I want to be clear t hat your decision was to not to require an environmental impact statement. You said in your resolution that you tbund that there would be no significant on the environment. Well, we could debate the impact of a house on the environment but the question, the issue that was before you was whether there was any potential significant adverse impact on the environment. So your resolution is on its face does not address that issue. COUNCILMAN KRUPSKI: Well, I am sorry, we addressed the coastal erosion variance. That was our job. In all likelihood, the applicant is going to go back to the Trustees now and apply for a wetlands permit and they are going to address all the environmental concerns in that wetland review. MR. SCHWARTZ: But it says here that you found a negative declaration for SEQRA. Okay, so you are saying there may still be an environmental impact statement required for... COUNCILMAN KRUPSKI: No, I am saying the Trustees are going to review that now. SUPERVISOR RUSSELL: 1 think it is factually incorrect to suggest that there was no hard look at the environmental impacts, we did that. We hired a consultant... January 4, 2011 Page 48 Southold Town Board Meeting Minutes MR. SCHWARTZ: I did not suggest that. What I suggested .... SUPERVISOR RUSSELL: And we mitigated that (inaudible) MR. SCHWARTZ: What I suggested is that it did not say that you took a hard look, it did not use the term potential impact, which I believe is the standard that applies according to state law. It is not the, you found here, resolved the Town Board of the Town of Southold hereby finds no significant on the environment... SUPERVISOR RUSSELL: Pursuant to SEQRA. MR. SCHWARTZ: Well, how do you know what the impacts are going to be? SUPERVISOR RUSSELL: Pursuant to SEQRA. You can't read half of it, you have read pursuant to the requirements under SEQRA. MR. SCHWARTZ: Inaudible. Declares a negative declaration. Negative declaration is a term .... SUPERVISOR RUSSELL: Pursuant to SEQRA. MR. SCHWARTZ: Inaudible, under the state environmental quality review act, SEQRA. And the negative declaration requires a finding of no potential for impacts. Not just say okay, you make this decision, there is not going to be an impact. I agree with that. But whether there will be a potential for impacts in the future, I disagree. Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any issue? Councilman Orlando COUNCILMAN ORLANDO: Scott, before you close the meeting, the Tree Committee asked me to say a few words and actually, I was supposed to say this last meeting but I was sick. They were trying to promote tree sales for the town, so if anyone hasn't bought their Christmas present or needs a Christmas present, this might be a good idea here. They sent this and I want to read it to you. I want to make everyone aware of Southold Town's commemorative tree program. Planting a tree to honor or pay tribute to a friend or loved one is a gift that keeps on giving. Each tree is identified by a bronze plaque with the name of the individual or group and in whose honor it has been planted. For more information, please contact the tree committee here at Town Hall or see the brochure on our website. So thank you. If anyone owes someone a Christmas present, it is not a bad idea. They will plant the tree in honor of someone living or someone passed on, with the plaque on it, it is a pretty nice thing and it helps promote tree growth in the town. Supervisor Russell SUPERVISOR RUSSELL: Anybody else? (No response) Motion to adjourn? Motion To: Adjourn Town Board Meeting January 4, 2011 Page 49 Southold Town Board Meeting Minutes RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:51 P.M. Southold Town Clerk RESULT: ADOPTED [UNANIMOUSI MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell