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Home My WebLink AboutTB-02/15/2011ELIZABETH 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 MEETING Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork.net MINUTES February 15,2011 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, February 15,2011 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 7:30 PM with the Pledge of Allegiance to the Flag. Call to Order 7:30 PM Meeting called to order on February 15, 2011 at lqeeting Hall, 53095 Route 25, Southold, NY. I. Reports 1. Zoning Board of Appeals 2. Program for the Disabled 3. Town Clerk Monthly Report 4. Justice Rudolph H. Bruer 5. Board of Trustees 6. Judge Price Monthly Report 7. Judge Evans Monthly Report 8. Special Projects Coordinator 9. Department of Public Works II. Communications Letter from Jack Sweeney of Cutchogue IlL Public Notices NYS Liquor License Renewal IV. Discussion 1. 9:00 AM - Doris McGreevy & Charlie Zaloom 2. 9:30 AM - Karen McLaughlin, Phillip Beltz, Jennifer Andaloro 3. 10:00 AM - Peter Harris 4. 10:30 AM - Jim McMahon 5. 11:00 AM - Joanna Lane and John Betseh 6. 11:30 AM - Heather Lanza February 15,2011 Southold Town Board Meeting Minutes Page 2 7. TRC Proposal - Alternate Energy at Landffil 8. Rules and Regulations for CPF Acquisition and Stewardship 9. NYS Farmland Protection Program 10. Fishers Island Property Management 11. Executive Session Opening Statements Opening Statements SUPERVISOR RUSSELL: Please rise and join me in the Pledge of Allegiance to the Flag. Thank you. Okay, I know that there are a lot of people here to discuss the issues with the Animal Welfare League and the animal shelter. We do have a meeting to get done first, so we are going to get this agenda done as quickly as we can but we do want to hear what everybody has to say, okay?. In the meantime, would anybody like to speak on any issue that appears on the agenda? BENJA SCHWARTZ: Good evening, Benja Schwartz. Just briefly on the agenda every two weeks, there has been this four paragraphs about on line access. And just in case anybody is having trouble with these instructions, these very clear instructions, I wanted to mention that there is a new save Cutchogue.com and if you go to savecutchogue.com website and click on the contacts page, there is a very clear link that takes you straight to the Town Board meetings. You can also go through the Town Board website or directly to the Town Board meeting websites but those are more difficult and complicated which is illustrated in the agenda, while we have a half page of directions. So besides you can visit the Cutchogue.com and see what I have been posting. Thank you. COUNCILMAN TALBOT: Benja, I would like to comment on, you see there on number 2? Communications? That you complained about a couple of weeks ago, there is communications over there. COUNCILMAN ORLANDO: He didn't even notice, all that work you did on that, Chris. SUPERVISOR RUSSELL: Would anybody else like to comment on any item that is on the agenda? (No response). Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, February 01, 2011 Vote Record - Acceptance of Minutes for February 1~ 2011 4:30 PM Yes/Aye No/Na~ Abstain Absent William Ruland Voter g~ [] [] [] [] Accepted Vincent Orlando Voter [] [] [] [] [] Accepted as Amended Christopher Talbot Seconder [] [] [] [] [] Tabled Albert Krupski Jr. Voter [] [] [] [] Louisa P. Evans Initiator [] [] [] [] Voter Scott Russell [] [3 [] [] February 15,2011 Southold Town Board Meeting Minutes Page 3 V. Resolutions 2011-142 CATEGOR~ DEPARTMEN~ Set Meeting Town Clerk Next Town Board Meeting of the Southold Town Board be Held at 4.'30 PM on Tuesday, March 1, 2011 RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held at 4:30 PM on Tuesday, March L 2011 at the Southold Town Hall, Southold, New York [] Adopted [] Adopted as Amended [] Defeated : yes/Aye No/Nay Abstain Absent [] Tabled W amRuand Voter [] VI 0 ~ [] [] Withdrawn Vincent Orlando Voter ~ [] [] [] [] Supervisor's Appt Christopher Talbot Seconder [] [] [] [] [] Tax Receiver's Appt Albe~ Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator ~1 [3 [] [] [] Town Clerk's Appt Scott Russell Voter 1~ [] [] [] [] Supt Hgwys Appt [] No Action 2011-143 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated February 15~ 2011. ~ v~te Re.rd x Resolution RES-2011~i43 [] Adopted [] Adopted as Amended [] Defeated ~s/Ay~ Ng(Nay Abstain Absent [] Tabled wiiii~m Ruiand Voter ~ [] [] [] [] Withdrawn Vincem Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Seconder [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Vo~er [] [] [] [] [] Resch~ded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter ~ [] [3 [] [] Supt Hgwys Appt [] No Action 2011-144 CA TEGOR Y: DEPARTMENT: Attend Seminar Public Works Seminar Training February 15,2011 Southold Town Board Meeting Minutes Page 4 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Jeff Standish to attend a seminar on Turf Management at the Riverhead Hilton Garden Inn~ on February 24~ 2011. This seminar is free; there shall be no travel costs. [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Abseqt [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn vincent 0r~d0 §~cler I~ [3 [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. V~[er ~ [] [] [] [] Rescinded Louisa P. Evans Voter [] [3 [] [] [] Town Clerk's Appt Scott Russell Voter ~ r3 F1 [] [] Supt Hgwys Appt [] No Action 2011-145 Tabled 2/1/2011 4:30 PM CATEGORY: Attend Seminar DEPARTMENT: Highway Department Grant Permission to Highway Superintendent Peter W. Harris to Attend the CONEXPO-CON/AGG Convention and Trade Show TO BE WITHDRAWN RESOLVED that the Town Board of the Town of Southold hereby grants permission to Highway Superintendent Peter W. Harris to attend the CONEXPO-CON/AGG convention and trade show in Las Vegas~ Nevada~ March 22 through March 26~ 2011. All expenses for registration, travel, lodging and meals shall be a legal charge to the 2011 Highway Department budget (DB.5140.4.600.200 Meetings and Seminars and DB.5140.4.600.300 Travel). V0ie Reeo~d ~R~iution~ RES-2011,1~5 : ,,: [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vingent Orlando Initiator [3 [] [] [] [] Supervisor's Appt ~gpber T~!b~ Voter [] [] [] [] [] 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 2011-146 CATEGORY: DEPARTMENT: Budget Modification Assessors 2010 Budget Modification - Assessors February 15,2011 Page 5 Southold Town Board Meeting Minutes Fiscal Impact: This budget modification is to cover the expenses for our certiorari attorney. RESOLVED that the Town Board of the Town of Southold hereby modifies the Whole Town General Fund 2010 budget as follows: To: A1355.4.500.100 From: A13 5 5. 4.500.200 A1355.1.200.100 Assessors, Legal Counsel $2,050 Total $2,050 Board of Assessors, Appraisals $1,600 Board of Assessors, Part Time, Regular Earnings 450 Total $2,050 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No(NaY Abstain Absent [] Tabled William Ruland Voter [] [] [] [] 13 Withdrawn Vin~ o~i~d~ S~ci~ [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski ir. In{i{ai0~ [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Seconder [] Supt Hgwys Appt [] No Action 2011-147 CATEGORY: DEPARTMENT: Employment - Town Accounting Accepts the Resignation of Maria Thomas-Justice Ct RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Maria Thomas from the position of Justice Court Clerk {Spanish Speaking) in the Justice Court effective February 18, 2011. ~' V0te Record - Re~0iUti0n RE~-20!14147, [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled Wiiii~m R~land Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Seconder [] [] 121 [] [] 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 2011-148 CA TE GO R Y: DEPARTMENT: Employment - Town Accounting February 15,2011 Southold Town Board Meeting Minutes Page 6 Resignation of Kenneth Ricker WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their February 1, 2011 meeting to accept the resignation of the following personnel, and WHEREAS the Town Board of the Town of Southold is required to approve appointments and resignations of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation effective February. 2, 2011 of Kenneth Ricker, Purser~ for the Fishers Island Ferry District. [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Chris~0pher ~aibot ~iii~i¥ [] i-1 F1 F1 [] Tax Receiver's Appt 6!bert Krap~ki Jr: ~ [] [] D [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] F1 [] [] [] Supt Hgwys Appt [] No Action 2011-149 CATEGORY: DEPARTMENT: Employment - Town Accounting Resignation of Bryan Grote WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their February 1, 2011 meeting to accept the resignation of the following personnel, and WHEREAS the Town Board of the Town of Southold is required to approve appointments and resignations of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation effective Februar.v 2~ 2011 of Bryan Grote~ Ferry Captain~ for the Fishers Island Ferry District. February 15,2011 Southold Town Board Meeting Minutes Page 7 [] Adopted [] Adopted as Amended [] Defeated ~s/Ay~ N~(Nay Ab~!n Ab~t [] Tabled William Ruland Initiator [] [] : [] [] [] Withdrawn Vi~i ~i~do ~ond~ ~ rl [3 [] [] Supervisors Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. } Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Seconde~ [] [3 [3 [] [] Supt Hgwys Appt [] No Action 2011-150 CATEGOR~ DEPARTMENT: Committee Appointment Town Clerk Reappoint Linda Randolph to the Position of Secretary to the $outhold Town Tree Committee RESOLVED that the Town Board of the Town of Southold hereby reappoints Linda Randolph to the position of Secretary to the Southold Town Tree Committee, effective January 1,2011, not to exceed five (5) hours per week in addition to her regular 35 hour work week, regardless of the number of committees she serves. · ~ Vote ReCOrd ~ Res01utioa RE$-201iaI$0: [] Adopted [] Adopted as Amended [] Defeated ~(A~ Ng!N~y Abstain Ab~n~ [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Krapski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] Supt Hgwys Appt [] No Action 2011-151 CA TEGOR Y: DEPARTMENT: Budget Modification Public Works DPW Budget Modification 2010 Fiscal Impact: Budget Modification to correct over-expended account lines RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Whole Town budget as follows: From: A.1620.4.100.250 A. 1620.4.400.200 Building & Grounds, Heating Fuel $7,500 Building & Grounds, Property Maintenance 2,015 February 15,2011 Southold Town Board Meeting Minutes Page 8 To: A. 1620.1.100.200 A. 1620.4.100.200 A. 1620.4.200.100 A. 1620.4.200.200 Total $9,515 Building & Grounds, Overtime Earnings $2,818 Building & Grounds, Gas & Oil 1,847 Building & Grounds, Telephone 980 Building & Grounds, Light & Power 3,870 Total $9,515 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt ~S~ppher T~!b~[ Y0ter [] Tax Receiver's Appt Albert Kmpski Jr. initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Seconder [] [] 13 F1 [] Supt Hgwys Appt [] No Action 2011-152 CA TE GO R Y: DEPARTMENT: Budget Modification Accounting Budget Modification Health Plan ERRP Fiscal Impact: Provide an appropriation for the Early Retiree Reinsurance Program administrative fee RESOLVED that the Town Board of the Town of Southold hereby increases the 2010 Employee Health Benefit Plan budget as follows: Revenues: MS.4489.10 ERRP Federal Aid $7,000 Appropriations: MS.8686.4.000.200 ERRP Administration $7,000 '/¥0te Record - Resolution RES-2011;152 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay : Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christppher Talbm Seconder : [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans initiator [] [] [] [] [] Town Clerk's Appt Scoi~ Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-153 February 15,2011 Page 9 Southold Town Board Meeting Minutes CATEGORY: DEPARTMENT: Budget Modification Accounting Budget Modification E- W Fire Protection District Fiscal Impact: Increase appropriation for added hydrants in East-West Fire Protection District RESOLVED that the Town Board of the Town of Southold hereby modifies the East-West Fire Protection District 2010 budget as follows: From: SF.3410.4.400.100 Fire Protection Contract To.' SF.3410.4.400.200 Hydrant Rental Contract $1,500 $1,500 [] Adopted [] Adopted as Amended [] Defeated Yes/Axe No/Nay ~b~tai~ Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [3 Supervisor's Appt ~i~ller 'l'~ib~t i~iii~i~; ~ [] [] Fl [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P, Evans Seconder [] [] [3 [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-154 CATEGORY: DEPARTMENT: Budget Modification Accounting Budget Modification Unemployment Insurance Fiscal Impact: Increase appropriation for additional, unanticipated unemployment benefits RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2010 budget as follows: From: A.9030.g.000.000 Social Security Benefits $~00 To: A.9050.g.000.000 Unemployment Insurance Sg00 February 15,2011 Southold Town Board Meeting Minutes Page 10 [] Adopted [3 Adopted as Amended 13 Defeated y~S(Aye No/Nay ~ Abstain Absent 13 Tabled William Ruland Initiator [] [] [] [] [3 Withdrawn vin¢~ ~i~do §~der 13 13 [] El [] Supervisor's Appt Christopher Talbot : Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] rl [] [] Supt Hgwys Appt [] No Action 2011-155 CATEGORY: DEPARTMENT: Employment - Town Accounting Appoint Steven Wolbert Auto Mechanic III RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2011-141 dated February. Iv 2011 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints Steven C. Wolbert to the position of an Automotive Mechanic III for the Highway Department, effective February 17, 2011, at a rate of $24.9204 per hour. ~te Record ~ R~iattt6n RES.-20!i~I55 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn vincent Oriand~ initiai0r 13 El 13 F1 [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] Tax Receiver's Appt Alber~ Kmpski Jr. Seconder [] [] O [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt S~ott Russell Voter 1~ [] [] [] [] Supt Hgwys Appt [] No Action 2011-156 CATEGOR~ DEPARTMENT: Contracts, Lease & Agreements Town Attorney Hereby Authorizes Supervisor Scott A. Russell to Sign a Memorandum of Understanding with Hamptons Collegiate Baseball, Inc. for the Use of the Facilities at Cochran Park RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to sign a Memorandum of Understanding with Hamptons Collegiate Baseball, Inc. for the use of the facilities at Cochran Park for the 2011 baseball season, subject to scheduling by the Southold Recreation Department and further subject to Hamptons Collegiate Baseball filing a One Million Dollar Certificate of Insurance with the Town Clerk's Office, naming the Town of Southold as additional insured, all in accordance with the approval February 15, 2011 Southold Town Board Meeting Minutes Page 11 of the Town Attomey. Approval for is for 2011 only. El Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter El [] [] [] [] Withdrawn Vih~i 6r~d~ s~onder [] [] [] [] [] Supervisor's Appt Christopher Ta bot Voter , ~ [] [] [] [] Tax Receiver's Appt 6!beat ~p~ ~[, !~i~!~or ~ Q Q ~ [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-157 CATEGOR~ DEPARTMENT: Budget Modification Highway Department Modify the 2010 Highway Fund Part Town Budget Fiscal Impact: The reason for this budget modification is that these line item(s) need to be increased as there were additional expenses and subsequent invoices received in these respective line items as well as the fact that several employees retired unexpectedly. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 Highway Fund Part Town budget as follows: From: DB.5110.4.100.350 DB.5110.4.100.550 DB.5110.4.100.975 DB.5110.4.100.995 DB.5130.1.100.100 General Repairs Contractual Expense Supplies & Materials Traffic Paint General Repairs Contractual Expense Supplies & Materials Equipment Parts & Supplies General Repairs Contractual Expense Supplies & Materials Steel General Repairs Contractual Expense Supplies & Materials Signs & Sign Posts Machinery Personal Services Full Time Employees $ 2,200.00 $ 60.20 $ 4,086.00 $10,399.80 February 15,2011 Page 12 Southold Town Board Meeting Minutes DB.5130.1.100.200 DB.5130.4.100.500 DB.5140.1.100.100 DB.5142.1.100.100 DB .5142.1.100.200 DB. 5142.2.400.200 DB.5142.4.100.100 DB.5142.4.100.525 DB. 5142.4.100.975 To: DB.5110.1.100.300 DB.5110.1.100.400 Regular Earnings Machinery Personal Services Full Time Employees Overtime Earnings General Repairs Contractual Expense Supplies & Materials Parts & Supplies Brush & Weeds/Miscellaneous Personal Services Full Time Employees Regular Earnings Snow Removal Personal Services Full Time Employees Regular Earnings Snow Removal Personal Services Full Time Employees Overtime Earnings Snow Removal Equipment Industrial Equipment Snow Equipment Snow Removal Contractual Expense Supplies & Materials Miscellaneous Supplies Snow Removal Contractual Expense Supplies & Materials Snow Fence Snow Removal Contractual Expense Supplies & Materials Plow Blades, Shoes, Wheels General Repairs Personal Services Full Time Employees Vacation Earnings General Repairs Personal Services TOTAL: $19,733.00 $ 4,649.00 $1,904.00 $ 6,843.00 $25,018.63 $12,006.34 $ 6,700.00 $ 715.76 $ 152.50 $ 7,697.77 $102,166.00 $16,410.00 February 15, 2011 Southold Town Board DB.5110.4.100.200 DB.5110.4.100.960 DB.5130.1.100.300 DB.5130.1.100.400 DB.5130.4.400.650 DB.5140.4.100.125 DB.5140.4.600.300 DB.5140.4.600.700 DB.5142.4.100.935 Meeting Minutes Full Time Employees Sick Earnings General Repairs Contractual Expense Supplies & Materials Fuel & Lubricants General Repairs Contractual Expense Supplies & Materials Drain Pipe/Rings/Covers Machinery Personal Services Full Time Employees Vacation Earnings Machinery Personal Services Full Time Employees Sick Earnings Machinery Contractual Expense Contracted Services Maintenance & Repairs Brush & Weeds/Miscellaneous Contractual Expense Supplies & Materials Miscellaneous Supplies Brush & Weeds/Miscellaneous Contractual Expense Miscellaneous Travel Brush & Weeds/Miscellaneous Contractual Expense Miscellaneous Licenses Snow Removal Contractual Expense Supplies & Materials Rock Salt TOTAL: $ 45,772.00 $ 336.00 $ 440.00 $11,110.00 $ 20,115.00 $1,904.00 $ 599.00 $ 172.00 $ 31.00 $ 5,277.00 $102,166.00 Page 13 February 15,2011 Southold Town Board Meeting Minutes Page 14 [~ Adopted [] Adopted as Amended FI Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] lq [] Withdrawn Vincent Orlando Voter ~ [] [] [] [] Supervisor's Appt Christopher Talbot Seconder [] [] [] [] [] Tax Receiver's Appt A!be~ Krup~k! .Ir. ; ~ter ~ [3 [] [] [] Rescinded Louisa P. Evans initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-158 CA TEGOR Y: DEP/IRTMENT: Budget Modification Police Dept 2010 Budget Modification - Police Department Fiscal Impact: To fix over-expended budget lines for 2010for the following reasons; Public Safety Communications holiday earnings line was underfunded and the regular earnings were more than anticipated due to the use of a part-time PSD. Police overtime was more than expected due to personnel shortage throughout the year. Police and Bay Constable Gasoline & Oil lines were undefunded due to increases in fuel costs. The Bay Constable Vehicle Maintenance & Repairs line was over due to an unexpected repair to the gelcoat on a boat. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Whole Town budget as follows: From: A.3120.1.100.100 To: A.3020.1.100.500 A.3020.1.200.100 A.3120.1.100.200 A.3120.1.200.100 A.3120.1.300.100 A.3120.4.100.200 A.3130.1.100.200 Police, P.S. Full Time Employees, Regular Earnings $35,409 Total $35,409 Public Safety Communications Full Time Employees, Holiday Earnings $1,285 Public Safety Communications Part Time Employees, Regular Earnings $122 Police, P.S. Full Time Employees, Overtime Earnings $13,853 Police, P.S. Part Time Employees, Regular Earnings $83 Police, P.S. Seasonal/Ternp Employees, Reg. Earnings $617 Police, C.E. Supplies & Materials, Gasoline & Oil $15,448 Bay Constable, P.S. Full Time Employees, Overtime Earnings $2,359 February 15, 2011 Southold Town Board Meeting Minutes Page 15 A.3130.4.100.200 A.3130.4.400.650 Bay Constable, C.E. Supplies & Materials, Gasoline & Oil $1,365 Bay Constable, C.E. Contracted Serv, Vehicle Maint & Repair $277 Total $35,409 [] Adopted [] Adopted as Amended [] Defeated yes/Ay~ Nq~Y ~bstai~ ~bs~nt [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [2 [] Supervisor's Appt ~hris~pher Talbot Initiator [] [] [] [] [] Tax Receiver's Appt A!b~ ~ps~ Jr, ~p~er 0 [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scoit Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-159 CATEGOR~ DEPARTMENT: Employment - FIFD Accounting Fishers Island COLA Wage Increase WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their February 1,2011 monthly meeting that a 1.65% COLA wage increase be awarded to all District personnel, retroactive to January 1,2011 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 a 1.65% COLA wage increase be awarded to all District personnel, retroactive to January 1,2011. ,/Vote Record r Resolution RES-2011-159 ~ 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 Receivers Appt Albert l~spski Jr x/pis [2 [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Seconder [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-160 CATEGOR~ DEPARTMEN~ Budget Modification Accounting February 15,2011 Southold Town Board Meeting Minutes Page 16 Close Lightpath Project, Amend 2010 Capital Budget Fiscal Impact: Close Capital Project, return unused appropriations to the General Fund WHEREAS the Lightpath Project was completed during 2010, and WHEREAS residual funds in the Capital Fund appropriated for the Lightpath Project should be transferred back to the General Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby declares the Lightpath Proiect complete and orders $7~183.50 in residual funds transferred from the Capital Fund to the General Fund Whole Town as of December 31~ 2010~ and be it further RESOLVED that the Town Board of the Town of Southold decreases the 2010 Capital Fund budget as follows: Revenues: H.5031.90 Appropriations: H1680.2.200.300 Lightpath Project Lightpath Project $7,183.50 $7,183.50 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt c~st0p~er/hib6t Voter [] [] [] [] [] Tax Receiver's Appt Alb~ Kmpski Jr. S~nder [] ~ ~ [] Rescinded Louisa P. Evans Voter [] [] [] [] El Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-161 CATEGORY: DEPARTMENT: Budget Modification Accounting Budget Modification-Central Data Processing Fiscal Impact: Provide additional appropriations for additional unanticipated transitional expenses relating to the changeover from Verizon to Lightpath WHEREAS the Central Data Processing 2010 Data, Voice and Intemet appropriation absorbed additional unanticipated transitional expenses relating to the changeover from Verizon to Lightpath, now therefore be it February 15, 2011 Southold Town Board Meeting Minutes Page 17 RESOLVED that the Town Board of the Town of Southold modifies the 2010 General Fund Whole Town budget as follows: From: A.1680.4.100.150 A. 1680.4.100.556 A.9901.9.000.100 To: A. 1680.4.200.100 Central Data Processing, Standard Computer Paper $1,800.00 Central Data Processing, GIS Supplies 444.50 Transfers to Capital Fund 7,183.50 Central Data Processing, Data,Voice, Intemet $9,428.00 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled william Ruland V~ter [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [3 [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] } [] [] [] Tax Receiver's Appt A!b~ ~p~k~ Jr: ~!~!~r ~ D [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-162 CATEGORY: DEPARTMENT: Budget Modification Accounting Create Capital Budget for Scale Software Upgrade Fiscal Impact: Formally appropriate the Solid Waste Management District's Scale Software Upgrade which was included in the adopted 2011 Capital Budget WHEREAS the Town Board of the Town of Southold adopted a 2011 Capital Budget which includes a $8,000 appropriation for the Solid Waste Management District's Scale Software Upgrade, and WHEREAS the Town's Capital Budget process requires a resolution to formally establish a Capital Budget item in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Proiect in the 2011 Capital Fund: Capital Project Name: Solid Waste Scale Software Upgrade Financing Method: Transfer from the Solid Waste Management District Budget: Revenues: H.5031.32 Interfund Transfers $8,000 February 15,2011 Southold Town Board Meeting Minutes Page 18 Appropriations: H.8160.2.500.300 Refuse & Garbage Capital Outlay SW Scale Software Upgrade $8,000 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Cbristppber T~!~[ S~9pd~ ~ [] ~ El [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] , [] [] [] Rescinded Louisa P, Evans Initiator [] [] [] [] [] Town Clerk's Appt Scoil Russell : Voter [] [] 13 [] [] Supt Hgwy$ Appt [] No Action 2011-163 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Recreation Hire Winter Program Instructor RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement with the following individual for the winter 2011 recreation programs, all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the recreation department's 2011 instructor line A7020.4.500.420. Dawn Bennett (dog obedience) .................................... $70/dog ~ Vot~ ReeOrd; Resointion RES.2011-163 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] Supervisor's Appt Christopher Taiboi Initiai0c [] 0 ~ F1 U [] Tax Receiver's Appt Albert K~pski Jr. Voter [] [] F1 [] [] Rescinded Louisa P. Evans seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-164 CATEGORY: DEPARTMENT: CloseFLJse Town Roads Town Clerk St. Patrick's Day Parade on Saturday, March 12, 2011 at 2.'00 PM Fiscal Impact: February 15,2011 Southold Town Board Meeting Minutes Page 19 Total Department Cost for Event = $484.36 RESOLVED that the Town Board of the Town of Southold hereby grants permission to The North Fork Chamber of Commerce and the Cutchogue Fire Department to use the following route: staging on Eugene's Road and begin at Cox Lane~ west to Cases Lane~ ending at the Village Green for its 7th Annual St. Patrick's Day parade in Cutchogue~ on Saturday~ March 12, 2011 beginning at 2:00 PM, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees shall be waived. [] Adopted [] Adopted as Amended [] Defeated Yes/A~e No/NaY Abst~i9 Ab~t [] Tabled William Ruland Init!ato? ~ ~ [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisoes Appt ~si~pher Taib~ V0~er [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scoil Russell Voter [] [] D [] [] Supt Hgwys Appt [] No Action 2011-165 CA TEGOR Y: DEPARTMENT: Budget Modification Data Processing FI Video Conferencing Eq Budget Modification. Fiscal Impact: Fishers Island Video Conferencing Equipment Budget Modification. As Per Directives from the Town Board This Budget Modification is to Purchase the Required Equipment Which Will Enable the Town Hall Annex to Have Video Conferencing with Fisher's Island. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 Data Processing budget as follows: From: A. 1990.4.100.100 Unallocated Contingencies $2100.00 To: A. 1680.2.400.450 Workstation/Sever Periph $2100.00 February 15,2011 Page 20 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended [] Defeated ~es/Aye N0~N~Y ~b~[n ~b~n~ [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn V~ncent 0rland~ Initiator [] [] ' [] [] [] Supervisor's Appt ~st0p~er Ta!~0~ Voter [] [] [] El [] Tax Receiver's Appt A!b~ ~Psk! Jr: Sec0~der ~ [] 13 13 [] Rescinded Louisa P. Evans Voter [] [] [] [] 13 Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-166 CATEGOR~ DEPARTMENT: Close/Use Town Roads Town Clerk Southold Fire Department 125Th Anniversary Parade Fiscal Impact: Total Police Department Cost for Event = $619.98 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Fire Department to use the following route: assemble on Main Bayview Road~ Jockey Creek Drive~ Pine Neck Road and Ackerl,y Pond Road and march eastward on Route 25 to the Southold Fire Department~ for its 125tb Anniversary Parade in Southold~ on Saturda¥~ September 17~ 2011 beginning at 2:00 PM, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Chief Cochran upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees are waived for this event. / ¥°te Rec°rd ' Re~°lua0n RES'2011e166 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Secondex [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt ChristoPher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] FI [] [] Town Clerk's Appt Scott Russell Voter [] 13 [] [] [] Supt Hgwys Appt [] No Action 2011-167 CA TEGOR Y: Advertise DEPARTMENT: Town Clerk Advertise for Pumpout Boat Operators February 15, 2011 Page 21 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 Pump-Out Boat Operators for two consecutive weeks in the Suffolk Times for operators in Southold and the New London Day for the Fishers Island position(s). I~ Adopted [] Adopted as Amended [] Defeated , Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] Supervisor's Appt ~Si~ Ta b0t ~n~ ~ i F1 [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans initi~i~ o [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-168 CA TEGOR Y: DEPARTMENT: Budget Modification Building Department Budget Modification 2011 General Fund Part Town Fiscal Impact: To appropriate additional funds not requested for paid sick earnings. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Part Town budget as follows: From: B.3620.4.600.200 To: B.3620.1.100.400 Building Dept., Meetings and Seminars $1,045 Building Dept., Sick Earnings $1,045 [] Rescinded Louisa P. Evans Seconder 2011-169 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Accounting February 15, 2011 Southold Town Board Meeting Minutes Page 22 Engage Mesirow Financial Investment Management Services to Periodically Monitor the Town of $outhold's Deferred Compensation Plan WHEREAS the Town's Deferred Compensation Plan administrator, The Hartford, has offered Mesirow Financial Investment Management Services to periodically monitor the Town of Southold's Deferred Compensation Plan investment offerings and make recommendations for periodic changes from time to time at no cost to the Plan or the Town, and WHEREAS the Town's Deferred Compensation Plan committee has reviewed and recommends that the Town of Southold take advantage of this offering, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Advisory Services Agreement with Mesirow Financial Investment Management Services in connection with the Town of Southold's Deferred Compensation Plan at no cost to the Town, all in accordance with the approval of the Town Attorney. [] Adopted [] Adopted as ,Mnended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled william Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] tn [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter , [] [] [] [] [] Town Clerk's Appt Scott Russell Voter ~ : [2 F1 [] [] Supt Hgwys Appt [] No Action 2011-170 CATEGORY: DEPARTMENT: Budget Modification Police Dept Budget Modification- Police Department Fiscal Impact: To cover money for a part time Public Safety Dispatcher that worked the month o f January that was not originally budgeted for in the 2011 budget. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Whole Town budget as follows: From: A.3120.1.300.100 To'- A.3020.1.200.100 Police, P.S. Seasonal/Temp Employees, Reg. Earnings $1520.00 Public Safety Communications Part Time Employees, Regular Earnings $1520.00 February 15, 2011 Southold Town Board Meeting Minutes Page 23 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruiand Voter [il [] [] [] [] Withdrawn Vin~&i ~i~nd~ Initiator I~ ~ El [] [] Supervisors Appt ChriS~;ph~ Tai¢;t ~ter ~ [] r~ ~ [] Tax Receiver's Appt A!~ ~PS~! Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter ~1 [] [] [] [] Supt Hgwys Appt [] No Action 2011-171 CATEGOR~ DEPARTMENT: Budget Modification Police Dept Budget Modification- Police Department Fiscal Impact: Donation received by the Police Department to be put towards the Office Equipment/Chairs budget line. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Whole Town budget as follows: To.' Revenues: A.2705.40 Gifts & Donations $500 To: Appropriations: A.3120.2.200.200 Office Equipment/Chairs $500 · / Vote Record - ReSoluti0n RES-2011-17 I, [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Seconder : [] [] [] [] [] S upervisor's Appt Christopher Talbot VOter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Seconder [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-172 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Statement of Work Between the Town of Southold and Kronos in Connection with an Upgrade to the Kronos Time Management System February 15, 2011 Southold Town Board Meeting Minutes Page 24 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Statement of Work between the Town of Southold and Kronos in connection with an upgrade to the Kronos Time Management System, in the amount of $28,858.00 (budget line item H.1680.2.400.100), subject to the approval of the Town Attorney. ~ Adopted [] Defeated yes/AYe No,Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] [] [] [] 2011-173 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attomey Authorizes and Directs Supervisor Scott A. Russell to Execute the Consent of Mortgagee~Lienor to the Declaration of Covenants and Restrictions by Raphael Vineyards, Inc. on the Property Known as SCTM (41000-85-3-11.2 and 1000-85-3-11.5 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Consent of Mortgagee/Lienor to the Declaration of Covenants and Restrictions by Raphael Vineyards, Inc. on the proper .ty known as SCTM #1000-85-3-11.2 and 1000-85-3-11.5, subject to the approval of the Town Attorney. Vote Record-Resolution RES-2011gI73 [] Adopted [] Adopted as Amended [] Defeated Yes/AYe No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter ~ F1 Iq F1 [] Supervisor's Appt Christopher Talbot Initiator [] [] [] [] [] Tax Receiver's Appt Albert ga'apski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter O [] [] [] [] Supt Hgwys Appt [] No Action 2011-174 CATEGORY: DEPARTMENT: Advertise Police Dept Advertise for Seasonal Police Officers for the 2012 Season February 15,2011 Southold Town Board Meeting Minutes Page 25 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for (2) weeks for Seasonal Police Officers for the 2012 summer season. Attendance at the Suffolk County Police Academy for training to commence in the fall of2011. Applications must be received by Thursday, March 10, 2011. [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator fi] [] [] [] [] Withdrawn Vincent Orlando Seconder 1~ [] [] [] [] Supervisor's Appt ChristoPher Ta bot Voter , [] [] [] [] [] Tax Receiver's Appt A!b~ ~pski Jr: ~°ter [~ [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-175 CATEGORY: DEPARTMENT: Budget Modification Data Processing Data Processing Budget Modification Fiscal Impact: Move funds to the Capital Projects - Workstations/Server account to purchase an additional wide screen monitor for the accounting department. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 budget as follows: General Fund Whole Town From: A. 1680.2.400.450 A.1310.4.100.100 Data Processing, Workstation/Server Periph. $125 Accounting & Finance, Office Supplies 150 Total $275 T._.~o: A.9901.9.000.100 Transfer to Capital Fund $275 Total $275 Capital Fund Increase: Revenues: H.5031.35 Interfund Transfers Total Increase: Appropriations H.1680.2.600.100 Workstations and Printers Total $275 $275 $275 $275 February 15,2011 Southold Town Board Meeting Minutes Page 26 [] Adopted [] Adopted as Amended [] Defeated ~s/Ay~ N~y Abstain Absent [] Tabled William Ruland : Voter [] [] [] [] [] Withdrawn vinc~t ~i~ci0 Initiator ~1 [] [] 0 [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt A!bm ~PSk! Jn S~Pnder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] El : FI [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-176 CATEGORY: DEPARTMENT: Employment - Town Accounting Accepts the Resignation of Robert Schroeder - AEO RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Robert Reed Sehroeder from the position of Automotive Equipment Operator for the Highway Department effective February 8, 2011. ~ :Vot~ R~rd Re~lUflon RES-2011-176 [] Adopted [] Adopted as Amended [] Defeated yes/A~c No/Nay Abstain Absent [] Tabled William Ruland Voter gl [] [] [] [] Withdrawn Vincent Orlando se~0~der ~ [] [] [] [] Supervisor's Appt Ciwistopher Talbot Voter [] [] 0 [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-177 CATEGORD DEPARTMENT: Affordable Housing Town Attorney Hereby Approves the Sale of the Affordable Housing Unit Located at 480 Cottage Way, Mattituck by Megan Sullivan to Andrew Myslborski RESOLVED that the Town Board of the Town of Southold, in accordance with the provisions of Section 280-30(A)(2) of the Town Code and applicable Covenants and Restrictions, hereby approves the sale of the affordable housing unit located at 480 Cottage Way~ Mattituck~ by Megan Sullivan to Andrew Myslborski, subject to thc approval of thc Town Attorney. February 15, 2011 Southold Town Board Meeting Minutes Page 27 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye N0(I%y Abstain ,4b~[ [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Sec~nd~ ~ FI Fl Fl [] Tax Receiver's Appt A!b~ ~p~k! J'r: ~p~er ~ ~ [2 [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell ' Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-178 CATEGORY: DEPARTMENT: Budget Modification Highway Department 2011 Budget Modification - Highway Fiscal Impact: Appropriate insurance recovery for repairs to the vehicle damaged in the related MVA. RESOLVED that the Town Board of the Town of Southold hereby increases the 2011 Itighwa¥ Fund Part-Town budget as follows: Revenues: DB.2680.00 Insurance Recoveries $9,950 Total $9,950 Appropriations: DB.5130.4.400.650 Machinery, C.E. Contracted Services, Maintenance & Repairs $9,950 Total $9,950 vote ReCOrd - ReSOlution RES-2011-178 [] 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 A!b~ ~ps~ Jif Y0~er ~ B [] B [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-179 CA TEGOR Y: DEPARTMENT: Budget Modification Human Resource Center ADC Donation Allocation February 15,2011 Page 28 Southold Town Board Meeting Minutes Fiscal Impact: To reallocate donation funds from revenues to expenditures RESOLVED that the Town Board of the Town of Southold hereby increases the 2011 General Fund Whole Town budget as follows: Revenues A.2705.50 Appropriations A.6772.4.100.120 Girls and Donations Adult Day Care Donations $175 Totals $175 Programs for the Aging Supplies and Materials Adult Day Care Supplies Totals $175 $175 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland initiator [] [] [] [] [] Withdrawn Qine~i ~i~d0 ~ec~nder [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Alb~ ~ppki .ir: Vo!er [] D E] 0 [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] E) [] Supt Hgwys Appt O No Action 2011-180 CATEGOR~ DEPARTMENT: Contracts, Lease & Agreements Accounting Amends Resolution No. 201 O- 715 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2010-715 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute Supplemental Agreement//2 between the New York State Department of Transportation and the Town of Southold in connection with the improvements to North Fork Trail along CR 48 project (PIN 0758.90), amending the Contract end date to 6/30/12 and increasing the combined Federal and State funding to $72,200 $7~,259, and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes the advancement of funds in the sum of $88,418,ol,~v,~t .qn already appropriated in 2010 and several orior bud,,et years in ~.~ the General Fund Whole Town, Town Board Interpretative Signage Project (A.1010.4.600.720), the reflects an ' ' ' increase in funding for this project February 15, 2011 Page 29 Southold Town Board Meeting Minutes from the original funding amount of $42,750 ,~ .~,vvv to the actual grant amount of $72~200, ~,, ,.~ .... (the net out of pocket expense to the Town of Southold for Phase I and Phase II not to exceed $16~218)~~..~j~v.~"~"~-~ tc~ a....v ......... .vr..~. ~ .................... ~, and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs The RBA Group to resume the Phase II (Design) of the Interpretive Si~,na~e Project, with remaining costs not to exceed $27,179.35~ which shah be a legal charge to the Town Board's Interpretative Signage Proiect budget (A.1010.4.600.720). ~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn vincent Ori~do iniiiaior Fi ~ F1 F1 [] Supervisor's Appt Chri~t;pher Talb;i ~ec~nder ~ [] F11 : FI [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt ~ Scott Russell Initiator [] [] [] ~ [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 180 COUNCILMAN KRUPSKI: The federal and state government doesn't have $72,000 extra dollars, I don't think to spend on signs in Southold. 2011-181 CATEGORY: DEPARTMENT: Budget Modification Accounting Budget Modification 2010 Town Board Budget Fiscal Impact: Fund additional activity by the Ethics Committee secretary, and a value estimate for the Affordable Housing District RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2010 budget as follows: From: A. 1010.4.500.400 A.1990.4.100.100 To: A.1010.1.100.200 A.1010.4.500.300 Town Board Medical Consultant Unallocated Contingencies Total $ 600 350 $ 950 Ethics Board Secretary Overtime $ 350 Town Board Environmental Consultant 600 Total $ 950 February 15, 2011 Southold Town Board Meeting Minutes Page 30 [] Adopted [] Adopted as Amcaded [] Defeated Yes/Aye No/Nay Absta n Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [3 13 [] Supervisor's Appt Christopher Talb0t Vo~er ~ [3 [] Tax Receiver's Appt Albe~t Kmpski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-182 CATEGORY: DEPARTMENT: Budget Modification Highway Department Highway Budget Modification Fiscal Impact: The reason for this budget modification is to allocate insurance proceeds to the expenditure guideline RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 Highway Fund Part-Town budget as follows: To: Revenues: DB.2680.00 Insurance Recoveries $ 9,950.00 To: Appropriations: Machinery, C.E. DB.5130.4.400.650 C.S., Maintenance & Repairs $ 9,950.00 Vote ReCOrd - Resolution RES-2011;182 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher waib~i ~o~der ~ [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-183 CA TEGOR Y: DEPARTMENT: Attend Seminar Town Clerk Authorize Sabrina Born of the Tax Receiver's Office to Attend the 2011 Annual Association of Towns Meeting February 15, 2011 Southold Town Board Meeting Minutes Page 31 RESOLVED that the Town Board of the Town of Southold hereby authorizes Sabrina Born of the Tax Receiver's Office to attend the 2011 Annual Association of Towns meeting in New York City. There shall be no costs to the town for registration, lodging, meals or travel. [] Adopted [] Adopted as A~nended Yes/Aye No/Nay Abstain Absent [] Withdrawn ~ hcent Or ando v~ier 171 [] Tax Receiver's Appt A!bert Krupski J~'. Voter [] Town Clerk's Appt Scott Russell Voter 2011-184 CATEGORY: DEPARTMENT: Landfill Misc. Solid Waste Management District Commercial Compost Pricing Discount RESOLVED by the Town Board of the Town of Southold that the price of compost sold by the Solid Waste District shall be discounted based on volume sales as follows: 100- 1000 cubic yards: $13/yd · 1000- 1500 cubic yards: $10/yd · 1500 - 2000 cubic yards: $ 8/yd · 2000 + cubic yards: $6/yd · Commercial Delivery Within the Town of Southold: Free · Commercial Delivery Outside the Town of Southold as follows (approx. 50 cubic yards per truckload): · up to 500 cubic yards: $150/tmckload · 500- 1000 cubic yards: $125/truckload · 1000 - 2000 cubic yards: $100/tmckload · 2000+ cubic yards: $75/tmckload Vote Record - Resolution RES-20i1-184 [] Adopted [] Adopted as Amended [] Defeated ~Ay~ N~/Nay Abstain Absent [] Tabled William Ruiand lnitia{or [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbpt Voter [] [] [] [] [] [] [] [] [] Tax Receivegs Appt Albert Kmpski Jr. Voter [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action February 15, 2011 Southold Town Board Meeting Minutes Page 32 2011-185 C~ITEGORY: Budget Modification DEP~IRTMENT: Fishers Island Ferry District FIFD 2010 Budget Modification Fisca! Impact: To cover overextended budget line items in the 2010 FIFD budget. RESOLVED that the Town Board of the Town of Southold hereby modifies the Fishers Island Ferry, District 2010 budget as follows: FROM: REVENUES: SM. 1760.20.000 TO: EXPENDITURES: SM 1420.4.000.000 SM 1910.4.000.300 SM 5709.2.000.200 SM 5710.4.000.000 SM 5710.4.000.300 SM 5710.4.000.500 SM 5710.4.000.600 SM 5710.4.000.800 SM 5710.4.000.900 SM 7155.4.000.000 Ferry Ops, Traffic Total Legal Fees Personnel, Real Estate, etc Workers Comp Ins. 2010 Audit Repairs Dock/Terminals Roof replacement Ferry Ops, Other Drag tests Fuel Oil, Vessels Additional Trips Computer Ops Software adjustments Janitorial supplies Additional supplies Uniforms Additional uniforms Credit Card fees Paving project Theatre Additional marquee work Total $89,000.00 $89,000.00 $9,000.00 $9,O00.00 $10,000.00 $5,000.00 $30,000.00 $3,000.00 $1,000.00 $2,000.00 $17,000.00 $3,000.00 $89,000.00 Page 33 February 15, 2011 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay ~ Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent 0riand0 Initiator gl [] [] [] [] Supervisor's Appt Cluistopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpsk! Jt'~ Seconder [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] F1 [] [] Supt Hgwys Appt [] No Action 2011-186 CATEGOR~ DEPARTMENT: Employment - Town Accounting Hiring PT Land Management Specialist II-Klahre RESOLVED that the Town Board of the Town of Southold hereby appoints Laura Klahre to the position of a Part-Time Land Management Specialist II for the Land Preservation Department, effective March 2, 2011, at a rate of $27.0712 per hour, not to exceed 17.5 hours per week. ~ Ybte Reeol~d; ReS0 a~ll~ RES¢2011.186 [] Adopted [] Adopted as Amended [] Defeated Y~s/Aye ~ No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krapski Jr. Initiator fi] [] [] [] [] Rescinded Louisa P. Evans Seconder [] F1 [] [] [] Town Clerk's Appt Scoil Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-187 CA TEGOR Y: DEPARTMENT: Employment - Town Accounting Hiring PT Clerk Typist FI Harbor Committee RESOLVED that the Town Board of the Town of Southold hereby appoints Mariorie F. Beck to the position of a Part-Time Clerk Typist for the Fishers Island Harbor Committee, effective February 16, 2011, at a rate of $13.25 per hour for approximately 70 to 80 hours per year. February 15,2011 Page 34 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended [] Defeated Yes/Aye N0/N~y Abstain Absent [] Tabled William Ruland Voter [] r'l [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter fil [] [] [] [] Tax Receiver's Appt A!b~ ~PSk! Ir, SecOnder [] [] [] 12] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-188 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Land Preservation CPF Acquisition & Stewardship RESOLVED that the Town Board of the Town of Southold hereby adopts the Rules and Regulations for Community Preservation Fund (CPF) Acquisition and Stewardship. The entire document is available at the Town Clerk's office. ~1 Adopted [] Adopted as Amended [] Defeated yes/Aye N~/Nay Ab~a!n Abs~t [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn . Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Initiator [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter ~ [3 ~ [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter l~ [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 188 COUNCILMAN TALBOT: These are new rules that are being adopted by the five east end towns because some of the five east end towns have been so prudent with their spending of the CPF funds. Southold isn't one of them and as the Supervisor noted, they could have rewritten this thing and copied what Southold has been doing on !t but we are going to go along with this: 2011-189 CA TEGOR Y: DEPARTMENT: Policies Town Attorney Hereby Adopts the Employee Safety Protocols as an Amendment to the Town of Southold Workforce Violence Prevention Plan to Supplement and Improve the Program Presently in Place WHEREAS, the Town of Southold employs over 200 employees and is one of the largest employers in the Town; and February 15,2011 Southold Town Board Meeting Minutes Page 35 WHEREAS, the Town of Southold is committed to protecting and enhancing the safety of all its employees; and WHEREAS, it is the goal of the Town to provide a workplace environment that reduces and/or minimizes all incidents associated with violence in the workplace; and WHEREAS, the Town of Southold adopted the Town of Southold Workforce Violence Prevention Plan by resolution on January 29, 2008; and WHEREAS, the Town of Southold continually assesses additional policies and procedures to further protect employees who work for the Town of Southold and formally incorporates such additional policies and procedures into its Workplace Violence Program. NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold hereby adopts the Employee Safety Protocols as an Amendment to the Town of Southold Workforce Violence Prevention Plan to supplement and improve the program presently in place. [] Adopted [] Adopted as Amended [] Defeated Yes/Aye N~a~ Abstain ~b~t [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] F1 [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-190 CATEGOR~ DEPARTMENT: Support/Non-Support Resolution Town Attorney Support/NYS EPF & Farmland Protection Program WHEREAS, agriculture is a significant contributor to New York's economy; and WHEREAS, farms provide jobs, support local businesses and are part of industry sectors that have a $31 billion economic impact annually in New York; and WHEREAS, farms comprise 7 million acres of land in New York, roughly 25% of the State's land base; and WHEREAS, farmers have a strong track record of proactive environmental stewardship in New York; and February 15, 2011 Page 36 Southold Town Board Meeting Minutes WHEREAS, rapidly changing economic conditions threaten the future viability of New York's agricultural industry; and WHEREAS, more than 425,000 acres of farmland were lost to development in New York between 1982 and 2007; and WHEREAS, the State of New York established a Farmland Protection Program in 1992 to assist Towns and Counties in developing and implementing local agricultural and farmland protection plans; and WHEREAS, over $3 million has been awarded by the Farmland Protection Program to 50 Counties and 64 Towns to assist in the development of local agricultural and farmland protection plans; and WHEREAS, the Farmland Protection Program has awarded more than $173 million to help farmers, local governments and land trusts permanently protect 74,000 acres on 303 farms; and WHEREAS, demand for Farmland Protection Program funding has been strong due to the Program's popularity, with more than $500 million in applications turned away since the Program's inception in 1996; and WHEREAS, funding for the Farmland Protection Program is allocated from the State's Environmental Protection Fund (EPF), a dedicated fund whose principle funding source is a State Real Estate Transfer Tax (RETT); and WHEREAS, in 2010, funding for the Farmland Protection Program was cut by 51% and EPF funding was reduced by 37%; and WHEREAS, the Governor and State Legislature must take steps this year to protect New York's valuable farmland and strengthen the future for farms across New York. NOW, THEREFORE, BE IT RESOLVED that the Town of Southold does hereby support restoring New York's Environmental Protection Fund and Farmland Protection Program; and be it further RESOLVED that the Town of Southold does hereby urge State lawmakers to support New York's farmers~ the State's agricultural economy and protection of valuable farmland by supporting $22 million in funding for the Farmland Protection Program and $222 million for the Environmental Protection Fund; and be it further RESOLVED that the Clerk of the Town of Southold is hereby directed to forward copies of this resolution to Governor Andrew Cuomo, Senate Majority Leader Dean Skelos, Assembly Speaker Sheldon Silver, Senator Kenneth LaValle, Assemblyman Dan Losquadro, and the American Farmland Trust. February 15, 2011 Page 37 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled ~iiii~m Ruiand Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupsk! Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] VI [] Town Clerk's Appt S~ott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-191 CA TEGOR Y: DEPARTMENT: Advertise Planning Board Advert for Planner Trainee RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for the position of Planner Trainee. ~ ¥0tg Recot:d:: Res01fition RESa2011~191 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Seconder ~ F1 D [2] [] Supervisors Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr, Initiator [] [3 [] [3 [] RescInded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-192 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Retain the Services of a Biohazard Waste Removal Company and Execute Any Associated Contract in Connection with the Implementation of the Town of Southold Exposure Control Plan RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to retain the services of a biohazard waste removal company and execute any associated contract in connection with the implementation of the Town of Southold Exposure Control Plan, subject to the approval of the Town Attorney. February 15, 2011 Southold Town Board Meeting Minutes Page 38 [] Adopted [] Adopted as Amended [] Defeated , Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supevvisor's Appt Christopher Talbot Seconder [] [] [] [] [] Tax Receiver's Appt A!be~ ~p~! ~[: V~ter [] 13 ~ ~ [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Closing Statements SUPERVISOR RUSSELL: Alright, that completes the agenda. We will listen to what everyone has to say. We just ask that before you get up or when you get up to please remember to state your name and the hamlet you live in for the public record. Also there are some issues that we want clarified right from the outset. There is no intention, clandestine or otherwise, to create a kill shelter. There is no effort to create a municipal kill shelter, a private kill shelter or a kill shelter of any kind. There is no effort to create a municipal shelter of any kind. There is no intent, willful or otherwise, to end the relationship with the North Fork Animal Welfare League, it is standard business practice to RFP all contracts with the town and there is no intent of this Board to control or run the North Fork Animal Welfare League, alright? Please feel free to get up, we will listen to what everyone has to say. Who would like to go first? RICHARD RADOCCIA: My name is Richard Radoccia, I live in Laurel and I am not affiliated with the North Fork Animal Welfare League, however, I am involved with other organizations here in Southold that attempt to address some of the problems that we have on the north fork that extend not just in Southold but also into Riverhead and some of the other outlying communities with the overpopulation, particularly of feral cats. Someone who still has to work for a living and still is committed to the welfare of animals. I do have friends who are part of the NFAWL and I do know some of the people who are involved with the shelter and despite what was just said by Mr. Russell, my big question and I think the question for a lot of the people here who have supporting name tags or NFAWL tags, is what would be the motivation of the Board to implement an RFP to potentially bring in an out of Southold organization to come in and take over a shelter that does a job that is probably the envy of the rest of Long Island? I don't think that any of us have to read very far into the past few weeks of the newspapers to hear about the catastrophe that the Town of Hempstead has to deal with. For those of you who may have seen the Newsday article, Southold came out next to last in terms of cost for its shelter. The NFAWL subsidizes the amount of money that it gets from the town in order to do the job that they do for the animals. There is not a single person there that gets rich, unlike other towns on Long Island from supposedly taking care of animals. And the reason that I am here and the reason that I think a lot of people are here is because it is not about personalities, it is not about, for all of us, it is not about personalities, it is not about politics, it is not about who doesn't like who, which organization may have contentious issues with the Board or doesn't have contentious issues with the Board, it is about the animals and what we are here to make sure, to hold you accountable, for the fact that these animals that are treated well at that shelter continue to be treated well. We believe that we do not want to go backwards while the rest of the country is moving forward in adopting policies throughout the United States to develop no kill shelters, to try to address feral February 15, 2011 Southold Town Board Meeting Minutes Page 39 cat populations, domestic overpopulation of dogs. There was an article, in fact just today, okay, that I believe it is Brookhaven is now offering organizations like the NFAWL, $250 to place a pitbull, they have an over abundance of pitbulls. So this is the problem that all of us, unfortunately not only across Long Island but across the United States have to deal with and for those of us who are on the front line of the problem and who do it voluntarily, every minute that I devote to the welfare of animals in Southold, I don't get paid. None of the people that I know and many people devote hours and hours a week, take money out of their pocket to buy food for animals, whether they are feral or involved with a different organization, the vets all across Southold give us discounts. So you have wonderful community program of people coming together for the benefit of animals and what we see this action is potentially destroying something that is positive, that is good and for the life of us, none of us understand it. And what we are worded about is that you would potentially put the welfare of the animals at risk for saving what? It costs you $195,000. What would you save, $20,000? What would you save $30,000 possibly? Since it only covers 50% of the cost of the shelters expenses. If you were to bring in someone from the outside that says, gee what we are going to try to do is to make sure that we make it, we break even with what we get from the town, you would be talking about our neighbors in order to achieve some business objective. It wouldn't be good for the animals and I can guarantee that just with the people who are here, we will hold you accountable. COUNCILMAN KRUPSKI: Thank you, sir. MR. RADOCCIA: So I guess in close, I will close by saying, what we want to know is, why? COUNCILMAN KRUPSKI: Thank you sir, and I have to thank everyone for coming... MR. RADOCCIA: I just wanted to make sure that the question of why are you doing this gets answered. COUNCILMAN KRUPSKI: I just need to answer it. MR. RADOCCIA: Please. COUNCILMAN KRUPSKI: I thank everyone here for coming and everyone is not here for our agenda tonight and this is a pretty typical agenda, okay, and you see there is the business of the town and it goes on and on and it spans from the Fishers Island Ferry District to hiring in the Highway Department and it, the business of the town goes on and on and this is one component of the business of the town. And you asked why would be put something like this out to bid? It is a contract and the contract is due to be up at the end of March. Currently and I can't speak about it too much otherwise our Town Attorney is going to start shaking his fist at me but we are negotiating a contract with the PBA right now and the town, we also just today at the work session, there is a contract that is being discussed with the town and the....no, you have to let me finish. Thanks. You have to let me finish, thanks. There is a contract with a parking lot in Mattituck that the town leases and all these decisions that come up with the town have to get reviewed by the town. The town in the case of the specific item that you mentioned tonight, the town spent, when we are all done, close to $3.5 million on a new animal shelter and it is really February 15, 2011 Page 40 Southold Town Board Meeting Minutes our responsibility to the taxpayer who has got to pay almost $3.5 million to make sure that facility is run correctly, it is a huge investment for the town and it has got to be run correctly, that .... MR. RADOCCIA: How do you define correctly? COUNCILMAN KRUPSKI: We have to, well, I bet you a lot of people in town didn't know that the town spent almost $200,000 a year for animal control. So all these things, every contract, all the phone contracts with the town, all the meetings and seminars that town employees go to, every little thing in the past two years has been looked at. MR. RADOCCIA: Inaudible. COUNCILMAN KRUPSKI: reviewing it all. No, that is why. Because it is a town contract and we are MR. RADOCCIA: I am sorry, with all due respect, you haven't answered the question. What possibly, what would you stand to gain by having some other organization come in here and possibly take over the agreement? COUNCILMAN KRUPSKI: I don't know that .... MR. RADOCCIA: You put it out to bid. This wasn't a situation just simply, okay, well, you just simply said to the NFAWL let's sit down and have a discussion. Okay? No, listen, I have documentation. COUNCILMAN TALBOT: I will give you my opinion on it. This obviously is coming up for the end of the contract, there was, discussed back in December about where we were going to go with a new contract and there was a proposal that was submitted to the NFAWL and one of the things that I saw that it was a quick turnaround of two weeks which I agree and the rest of the Board agreed and extended it for another two weeks. They got back a rebuttal or a counteroffer from NFAWL and basically what the offer was that nothing .to change. So what the town is looking for in my opinion is, we have got to see what is out there where we could potentially save some money for the taxpayers .... MR. RADOCCIA: For the record .... COUNCILMAN TALBOT: Just a second, while I am speaking, okay? So we have got to do what is best for the taxpayers not just .... MR. RADOCCIA: No, we have to do what is best for the animals .... COUNCILMAN TALBOT: Hold on a second. MR. RADOCCIA: Inaudible. February 15,2011 Southold Town Board Meeting Minutes Page 41 COUNCILMAN KRUPSKI: You have to let each other finish, otherwise it is not going to be good here. COUNCILMAN TALBOT: And included in that is the animals of course, because if it was about anything else, then we would be discussing about the landfill or the police department or something else. In this instance, it is about the animals. It is all about the animals here, yes, but the town also has to, we also have to sit there and look out for us while the NFAWL is looking out for themselves arid the animals as well. We are doing the same but we are looking out for the animals and the taxpayers. Nothing more and nothing less. SUPERVISOR RUSSELL: Just to, please, we didn't bid out the contract. It is a RFP, it is a request for proposals. If nothing else, it shows the taxpayers that there is no better option to run the facility. In my personal view and I think the Board feels that the NFAWL would be in the best position to get the contract but it is business. We have to show the taxpayer that we are exercising due diligence to see what the options are, the cost and the quality of those options. MR. RADOCCIA: And in doing so, did you also ask for an RFP from the Brookhaven police department to come in here and to take over and manage the police department? SUPERVISOR RUSSELL: We don't have the legal fight to ask for that. MR. RADOCCIA: Okay, I honestly am not sure that I see the difference. But just so that everybody understands, in the new contract, being paid only $195,000, this Board has demanded that the NFAWL post not a bond but $200,000 cash to the Board. SUPERVISOR RUSSELL: That is not true. We asked for a performance bond. The performance bond is typically 1% to 3 % of the face value of the bond. That would be a typical cost of $2,000 to $6,000. And we increased... MR. RADOCCIA: Inaudible. SUPERVISOR RUSSELL: Then they should bring that to us. We already told them, we conveyed to their attomey time and time again that the specifics are negotiable, like any contract, there has to be give and take on both sides. BENJA SCHWARTZ: Benja Schwartz, Cutchogue. We talked about your intentions but I would like to ask you about your actions. You know, you could tell me you want to do this or that but your actions clearly reflect that you made a decision not to renew the contract of the organization that has been in contract and is in contract with the League for approximately how long? SUPERVISOR RUSSELL: That is not true. We have made no decision of any kind. It is not true to say we made the decision not to renew. That is factually incorrect. February 15,2011 Southold Town Board Meeting Minutes Page 42 MR. SCHWARTZ: No, it is factually correct. SUPERVISOR RUSSELL: No. You start with a false premise and you build your case around it. We have made no decision. Period. MR. SCHWARTZ: You have made no decision? SUPERVISOR RUSSELL: Period. We extended the contract to the league and we .... MR. SCHWARTZ: You didn't issue an RFP? SUPERVISOR RUSSELL: That is right. MR. SCHWARTZ: Did you issue a proposed contract to the League? SUPERVISOR RUSSELL: Yes, we did. MR. SCHWARTZ: And was that contract, that proposed contract, a renewal contract or was it a new contract and the explanation ... SUPERVISOR RUSSELL: It is a new contract. MR. SCHWARTZ: And the explanation I have been hearing was because you have a new shelter, you want a new deal. But you also made that impossible for the current organization to accept the terms, so in effect what you have done .... SUPERVISOR RUSSELL: Then bring back a counter proposal. Bring back a counter proposal, that is fine. We ..... MR. SCHWARTZ: There has been a .... SUPERVISOR RUSSELL: Every contract .... MR. SCHWARTZ: I am not negotiating with you, sir. SUPERVISOR RUSSELL: You have no authority to negotiate. The fact is, bring back a counter proposal, send it to us. Well, that is what you just argue. Bring us a proposal back. MR. SCHWARTZ: That is not my job. Let me ask you another question. You made a decision, I believe, let me ask you another question. Are we talking to the right people? Okay? You appointed I believe a Southold Animal Shelter Oversight Committee, right? And there are three on the end that are on the SASOC, are there any others on the committee? COUNCILMAN ORLANDO: The town attorney and the town engineer. February 15, 2011 Southold Town Board Meeting Minutes Page 43 MR. SCHWARTZ: And that is it? Are there any that are working with the committee? COUNCILMAN KRUPSKI: Sure. MR. SCHWARTZ: Any people from the town or elsewhere that are working with the committee? COUNCILMAN ORLANDO: In the beginning, we must have had four or five meetings and we worked with the NFAWL on the committee on working out the bugs on the animal shelter. I must have spent hours with Gillian, we sent mails back and forth, trying to work out the new animal shelter with the leaks on the doors, the leaks in the ceilings, the doors didn't work, the alarm, the shop-vac, so the first four or five meetings we worked with NFAWL with this oversight was to get this shelter up and running because we had to work some bugs out. So the first several meetings we worked hand in hand with them. MR. SCHWARTZ: But have you worked with anyone else? Because I have seen your name on documents that you asked and talked to other people to ask them to help work on the committee. So can you tell us who it was or are these people nameless people who are being kept secret? COUNCILMAN ORLANDO: The original committee was Councilman Wickham, Councilman Krupski and myself, the town attorney .... MR. SCHWARTZ: No, the current. Should I ask it in another way? If you have trouble understanding the question? COUNCILMAN ORLANDO: No, there is no one else on the committee. MR. SCHWARTZ: Who wrote the RFP? COUNCILMAN ORLANDO: The town attorney's office. MR. SCHWARTZ: Who did the initial draft? COUNCILMAN ORLANDO: The town attorney drew it up. MR. SCHWARTZ: And he did all the editing? COUNCILMAN ORLANDO: No, the committee went over the contract, the RFP. MR. SCHWARTZ: There was nobody else involved, other than the four plus one. COUNCILMAN TALBOT: You are talking about the town board. MR. SCHWARTZ: The town board doesn't even know what the committee has been doing. From my research (inaudible) February 15, 2011 Page 44 Southold Town Board Meeting Minutes COUNCILMAN TALBOT: Is that the answer you are looking? MR. SCHWARTZ: No, but that is what I discovered (inaudible) COUNCILMAN TALBOT: If we didn't understand your question, what was the question then? Make it plain and simple. MR. SCHWARTZ: The committee has no record of their meetings, they have given no agendas, they have taken no minutes. With all due respect, them is somebody behind this. So when you talk about intentions, you not only have to cover what your intentions are but the people you are working for. I wish that was the taxpayers. .COUNCILMAN KRUPSKI: No, actually, what Mr., I am just going to, I am sorry, Benja. Are you finished? MR. SCHWARTZ: Yes. COUNCILMAN KRUPSKI: I just want to go, what Vinnie had said about the early meetings and actually the latest one about it involved also the department of public works. Because of the way the building is designed, if anyone is familiar with it, with the washers and dryers and how complicated the mechanical syst~ns are, part of the new contract has to include training by the operators of all that equipment because there is so much maintenance involved, cleaning filters and... COUNCILMAN ORLANDO: That we didn't have before. COUNCILMAN KRUPSKI: That we didn't have before, so it has got to, we have got to address all of that because when things break, the department of public works has to go down there and fix it. MR. SCHWARTZ: I don't want to go through this RFP here. The RFP is available, people can go to the town, the town has been distributing them free, I don't know if that is the policy but they are available. You can all go read it and see what the town is actually doing, not what they say they are doing. I won't go into details but I would like to point out one fact. This RFP and the current contract, the current contract expires on March 31, so the deadline, the due date, the date certain that this RFP is April Fools day this year. How appropriate. Isn't that wonderful? But the deadline for the town to evaluate and they have an evaluation committee that is going to evaluate although I don't think that has been formed yet but this whole thing is being done in such a rush .... COUNCILMAN TALBOT: Benja, are you asking us a question? MR. SCHWARTZ: I am stating a fact. February 15,2011 Page 45 Southold Town Board Meeting Minutes COUNCILMAN TALBOT: To the audience or to us? MR. SCHWARTZ: For you to respond to for the people to hear, this is a town meeting, okay? The fact is that this RFP is written in a way that you say you are not trying to control the NFAWL, that is not your intention .... SUPERVISOR RUSSELL: Not at all. MR. SCHWARTZ: Then why would you want the fight to select the officers. Why would you have a provision in here .... SUPERVISOR RUSSELL: We didn't ask for the right to select officers. MR. SCHWARTZ: It says the Animal Welfare League will need your permission if they hire a new worker but that you don't have, you are not, they don't require your authorization, they just require your written permission. Doesn't make sense to me. SUPERVISOR RUSSELL: Okay, let me explain it. MR. SCHWARTZ: Inaudible. SUPERVISOR RUSSELL: Let me just, okay, you asked a question, when do you want me to answer them? MR. SCHWARTZ: I just want to finish talking about the dates, you know, April 1, the contract expires on March 31, I am concerned about who is going to be operating that shelter and if they are going to be operating that shelter under contract or under some kind of a, you know, it is your job to have someone in there to operate the shelter. I don't think you want to do it yourselves. Correct me ifI am wrong. COUNCILMAN ORLANDO: You are correct. MR. SCHWARTZ: But there are people and do you realize, do you recognize that there are people that want the town to run the shelter? To be a Southold Town Department of Animal Control? SUPERVISOR RUSSELL: Do you realize that will not happen as long as we are here? The .... MR. SCHWARTZ: Your actions are .... SUPERVISOR RUSSELL: That is factually incorrect. Let me explain something. First of all, it is ironic because there are people that say you have to bid everything, you have to make sure you are getting us the best deal that you can and let's remember, the animal welfare league nor this town board own that shelter, the taxpayers do. The issue with regard to going out for RFP was to make sure that we have exhausted all options. The RFP due date is February 24. That is a February 15, 2011 Southold Town Board Meeting Minutes Page 46 very short turnaround for any bona fide organization to get an offer in here. Don't you think that speaks to the interest of the NFAWL? It is February 24, not April 1. February 24. Read the RFP completely. MR. SCHWARTZ: Inaudible, is a fact fishing expedition. You are not going to catch anything. SUPERVISOR RUSSELL: And isn't that, don't we get back to where we needed to be? MR. SCHWARTZ: While you are offfishing (inaudible) SUPERVISOR RUSSELL: No, we are continuing to negotiate. Let me explain. Benja, I listened to you, now you listen to me. That is courtesy in discourse. With regard to, you mentioned the employees, we already conveyed to their attorney that no, we don't want the right to hire or fire. We only have concems with, we have already told her that is a flexible component to the contract. What we do have a concem with is we want the identity of the animal control officers. They serve a town function, we need to know who they are. That is all that speaks to. They serve a town function .... MR. SCHWARTZ: Inaudible. SUPERVISOR RUSSELL: And we have all, then get an update from Pamela Mann, their attorney. Because we have already let her know, we really just want to narrow that to the animal control officer who serves a town function. MR. SCHWARTZ: There are a lot of changes in here. Tell you the best change you can make with this document .... SUPERVISOR RUSSELL: You are going to get the applause. Throw it out. But you need to understand, the contract that was in place will change. Many, many, many aspects of that particular contract are flexible and subject to two party negotiations. Some of it is not, that and I imagine the NFAWL will have a position on some issues they will not negotiate on and some they will. That is discourse. That is dialogue. That is how the process goes forward. It has nothing to do with the NFAWL, all it has to do with the public and accountability to everybody, not just one organization but to everybody. All of the taxpayers in Southold Town who pay all of the bills of Southold Town. MR. SCHWARTZ: I have been living in Southold Town about 40 years. The league has been working for the town for about 40 years. For the last 30 years under contract. What is the rush that the town, in this document, the fact is that it says that the decision, the town is going to try to make a decision by March 31 and expects the new, the operator, the offerer or the responder to the RFP to start work on April 1. But the town is not sure they can make a decision by March 31, so how do you expect someone to start working on April 1 if you don't decide until April 15? SUPERVISOR RUSSELL: The previous contract that lasts year after year after year. February 15,2011 Southold Town Board Meeting Minutes Page 47 MR. SCHWARTZ: This document is flawed to the point that it should be withdrawn. SUPERVISOR RUSSELL: That is not going to happen. It is subject to negotiation and give and take but a new contract will be in place for the operation of the, we have to remember, the issue of accountability, it is not the accountability of the operator to us, it is the accountability that we and the operators have to everybody in the community. MR. SCHWARTZ: Inaudible. SUPERVISOR RUSSELL: Would somebody else like to speak? Let's have other .... MR. RADUCCIA: I have one other question. There is a letter that is going around to other organizations and it uses, it is from a woman who is not on the Board and uses the name of one of the councilmen. Why is that? SUPERVISOR RUSSELL: Good question. I am unaware of it but I will tell you, are we aware of people with axes to grind? Absolutely. But we are not some fools to be taken in by people with ulterior motives. We are just trying to mn a process that has, when we can sit down and say we got the best deal we got for the taxpayers and got the best mn shelter that we could, that is what this whole, it is just business. That is what we do. MR. RADUCCIA: Okay. I think it would be prudent, perhaps you can discuss this with your attorney, I think it would be prudent for the Board .... SUPERVISOR RUSSELL: I would like a copy of that letter, ifI can get one? MR. RADUCCIA: Okay. I think it would be prudent for the Board to contact this person who is using Mr. Orlando's name in a letter asking people to submit bids for this RFP and it is a woman whose name is not on this dais. MICHAEL EDELSON: My name is Michael Edelson and I live in Greenport. And I have a copy of (inaudible). It reads as follows: dated February 5, 2011 and it is addressed to (inaudible) and it reads as follows: Good morning Miss (inaudible), I have heard about you and your organizations mission for years, excuse me but she is with RSVP, I have also heard that you may be negotiating with the Town of Riverhead to operate the municipal shelter, that is my reason for contacting you. The Southold Town Board has recently passed a resolution to publish a request for proposals for the operation of our animal shelter in Southold Town. Councilman Vincent Orlando has asked me to contact the animal rescue organizations who might participate in the bidding process. As you are most likely aware, we have a new animal shelter in Peconic behind the Southold police headquarters building. It was built according to modem animal shelter standards and houses our own spay/neuter clinic. I hope that you will consider this wonderful opportunity to provide care for our lost, surrendered, abused and homeless four legged friends. Sincerely, Carole Geiss. Now, the question I have is why was Carole Geiss sued the NFAWL in 2002 and naming the board of directors and Gillian Pultz in the lawsuit, recruited to, for the services of getting bids, soliciting bids for a town contract? Can anyone answer that Page 48 February 15,2011 Southold Town Board Meeting Minutes please? SUPERVISOR RUSSELL: I have absolutely no knowledge of that. And quite frankly, I think it is very unfortunate that that letter even exists. COUNCILMAN ORLANDO: I was surprised when I saw that letter, too. That letter came, was mailed to the town as if she was contracted to write this letter or working for us. I was surprised, as you were surprised, when I saw that one. And I see her all the time on the work sessions. You see her all the time, like Benja is. And we have had conversation and no one spoke to her as a town official and said, you know, work for us and do that. MR. EDELSON: Then are you saying that she is misrepresenting you or she is not exactly close to the truth? COUNCILMAN ORLANDO: I asked her to get a list of people that I could give to the town attorney so we could send some RFP's to. I didn't ask her to work for the town or anything like that. I asked, we ask people of the town all the time to work with us and help us. She was in no official form at all and I was taken aback that she wrote that. MR. EDELSON: Inaudible, given her history is rather poor judgment, sir. COUNCILMAN ORLANDO: I don't know her history, I have heard rumors, I don't know her factual history. I heard there was some conflict and we were just looking for people to send the RFP to. MR. EDELSON: If you heard that there were some problems... UNIDENTIFIED: Inaudible. COUNCILMAN KRUPSKI: Excuse me, the gentleman has the microphone, please. MR. EDELSON: I find it rather astonishing that if you even heard rumors or whatever of some difficulty, that you would go to this person when in effect, you are in a way, seeking a competitor for the NFAWL. COUNCILMAN ORLANDO: We talk to people in the audience at work sessions all the time in referrals to do you know any engineers we can get to work on this landfill? Do you know someone to work on this building? We ask the public all the time. They pay taxes, it wasn't like a secret, backdoor thing. We talk to people at work sessions all the time, back and forth. So I was taken aback that she wrote a formal letter, based on conversation at a work session we had. So I am surprised as you. It was nothing out of the ordinary. We talk to people in the audience all the time, asking for references for lighting fixtures, other companies to do work around town and so forth. MR. EDELSON: May I ask you this for greater detail, if you don't mind. I would find it hard to Page 49 February 15, 2011 Southold Town Board Meeting Minutes imagine that she, in the matter of the work session had a discussion with you that would indicate that one, you would get direct information, it would have to be either afterward or by writing and that you would then have that information and you take it from someone who has, I don't want to use the word, let us continuous argument with the NFAWL, there had to be and I don't believe there was something going back and forth. There had to be a private or semi-private or (inaudible) conversation. And I find it to be remarkably poor judgment and I think that it puts into question the impartiality of this Board. Thank you. COUNCILMAN KRUPSKI: Excuse me, sir. What is the date on that letter? MR. EDELSON: The date is February 5. COUNCILMAN KRUPSKI: Thank you. MR. EDELSON: Yes. February 5. Okay. Thank you. COUNCILMAN TALBOT: Thank you. SUPERVISOR RUSSELL: Who else would like to go? Please. SOPHIA GREENFIELD: Sophia Greenfield, Southold resident for approximately 40 years. I have been a captive of pets for all the time that I have been here. My allegiance now, I have no involvement or business connection with the Town Board nor do I have any membership with the NFAWL, my involvement has come as a result of volunteering with the animal shelter over the last year. I said to Scott when he visited within the last couple of months, that this was the hardest working group of people that I had ever met. I am not, I am able to look at them in a removed position, abstractly because I am not paying them. I am not accountable to you and I am not accountable to them. I filled out an application like everyone else and I appreciate your screening people who are working there but I will tell you, and the reason I know some of these figures is that I will probably be writing an article for a magazine on seniors participating in animal welfare projects. We have tremendous staff there, I don't know the exact number but I know that the professionals there have approximately 60 years of working experience as a compound group. Gillian has 16, her assistant has 10 or 12 and so on and so forth. There is one that has, Mary has 12 years. The work that they do is not just on site. I came during the summer to water some shrubs, my background is in landscaping and I was fearful during the drought that plants would die and in order that I not disturb anybody's work, I arrived at 7:15 in the morning and staff was already there. And their working hours begin, mind you, at 8:00. They were already there hooking up hoses in the outside cages so that when the animals came out, they would be comfortable. I am there often at times this sort of overlapped departure time and I find that somebody is taking a dog for a walk or somebody has run off and gone on an emergency basis. Often it is Gillian, it could be one of the staff because somebody has a dog fight or there is some feral cats. Their hours far exceed 8 to 4. The town budget for them is $190,000. That is formidable. That being said, what it costs to run the shelter is approximately double that amount. That means that in order for them to provide the quality of service that they do, they have to generate, by effort, special projects, fundraising, donations, bequests, $190,000 a year. That to February 15, 2011 Southold Town Board Meeting Minutes Page 50 me is formidable. When we have major events or parades or whatever, they always participate. Their ability to utilize effectively whatever money they get is because of the goodwill that they have established with local merchants, many of whom give them very heavy discounts. There are also donations from pet food companies because Gillian has, over the years, developed these relationships. These go to pet food companies, they go to the relationships, they go to other shelters. In cases for example, recently I saw some cats come in from a hoarder. You might have seen it on television. Somebody had some incredible number of animals. Well, we participate and we took like five or six cats and the reason I know that is because when I cam in to see the cats where I am cat godmother, one of the cats was evil and mean-spirited and when Buffy the vet came in, she said oh, Charlie is a little irritated now because the census is up and I looked around the room and I said, where did all these cats come from? We are part of a large network, we are highly esteemed, we are highly respected and this is the best shelter I have ever been to in my life. It is absolutely spotlessly maintained and it is an embarrassment because I go home and my house is nowhere near maintained but I have learned, yeah it is, I have learned because I am interested and I am given extra duty. And that is another interesting thing too, volunteers of all ages, we don't encourage the five and six year olds but we are bringing in young people who are keenly interested in being with animals. We keep them or we are hoping to work with them with the cats because they are less demanding than for example, a young person let's say a 10 or 12 year old, leading a dog around. There is less legal responsibility. What I found tremendously is I learned a tremendous amount about animal husbandry and caring and compassion from children. I have also learned that if we were in a position where somebody came in said, oh, yes I can run the shelter for $90,000, you have saved $100,000 that perhaps 50 or 60% of those animals that are in the shelter today would be dead in a week or two or whatever because they don't waste a thing there. They get a tremendous amount of donations that people bring in, whether it is blankets, pillows, covers those kinds of things, so what they are running is not on a flush budget. That they are providing Cadillac or Ferrari or Lexus service because of their hard work and it would be a tremendous, tremendous sadness to lose this gem which services both the animals, both feral because there are people in the community here as well as some people on the staff there that in addition to whatever their time that they are paid for, they go out in the community and they take care of feral animals. We also have the small matter of the vet who works pro bono and this is, she is an extraordinary woman. I saw her spend like 45 minutes with somebody coming with an animal problem, was interested in adopting one of the animals. When do you get 45 minutes with a vet? For free? And if there are problems with the dogs or animals, the staff stands behind, being of assistance where they can, the vet can be of help. I would hate to find us in a position where we create a hostility or an antagonism or a rupture between a relationship after we have evolved with much difficulty. Forty years is a long time to get a building built. I would like to see us move forward so that every two or three years, we do not go through this because this sends a message to a community that says we don't care or there is a misunderstanding and that is not what any of us want. We want to sit down at the table, get the best bang for the buck but understand that every dollar that you put out, if you bring somebody else in, I want proof that their staff has the kind of training and expertise that this group does. And I had no idea how much skill in takes to run a place like this. I also am tremendously impressed with how the staff trains, for example, the second in command, Gabby, will take over any job where someone is out on an emergency call. And there is no work too small, whether it is collecting poop or taking care of a cat or taking a dog out that she won't do. February 15, 2011 Southold Town Board Meeting Minutes Page 51 And what happens is you have so strong a sense of esprit de corps that you strive as a volunteer or as a worker, to meet that level. These, there are many people here who could easily go into private jobs in vets offices and be making a tremendous amount of money. They love the town, they love the animals, they love being here. Let's iron this out. Let's not let it happen over and over again. Let's make ourselves proud, let's utilize whatever skill, ingenuity, brains, money we have and get this going. Thank you. COUNCILMAN TALBOT: Can I just ask you a question, ma'am? Where was that? Brookhaven or Islip that all the cats came from? Where was that? UNIDENTIFIED: Inaudible. COUNCILMAN TALBOT: I don't know what she was speaking about. Do you know what she was speaking about? UNIDENTIFIED: Inaudible. MRS. GREENFIELD: Inaudible. SUPERVISOR RUSSELL: Let me just say that I happen to think that there is not a mcnnber on this Board that doesn't agree with everything you said. We think, and when you saw me down there a few months ago, I am down there all the time with my children, I got our dog there because I took them to the canine classic, next thing you knew, we had a puppy in the house. I understand all that. We understand all that. It is not about the NFAWL. Now, I think there is two separate issues. One is the RFP and one is the contract. The RFP has already been issued. You know, I was hoping Bill and others would speak to the issues of just making sure that the town has all its options on the table to show the taxpayers we are exercising due diligence. The contract itself and all the specifics are all subject to give and take but it has to be a two way street. We have already rescinded or pulled back some of those, we need to see dialogue. Now, if there is an issue about open government, I will take and have this room dedicated to a meeting and we can talk about that contract, page by page, line by line, word by word so you know exactly where this town is coming from. But I want the board of directors from NFAWL there as well, so that we can have clear understanding of exactly the town's position. It is a public document, how about it? Next week sometime? I will book it. Or we will do it in the evening to make sure everybody can make it. COUNCILMAN TALBOT: Just one other thing which I agree with you 100%, you touched on, you said that if we had got somebody else new in there you would want proof that they have the skill and the expertise to maintain the animals and I think that is all we are asking of from the NFAWL, nothing more, nothing less. SUPERVISOR RUSSELL: Let me just say, my attorney just rolled his eyes at my offer. COUNCILMAN TALBOT: If it were anybody else, I would ask it of you as well. February 15,2011 Southold Town Board Meeting Minutes Page 52 SUPERVISOR RUSSELL: The contract should be between the attorneys but I have to be candid, we have done all the heavy lifting, we put a contract out there. Put a counter proposal in. Give us something to look at. We haven't gotten anything. JOHN BRADY: John Brady, East Marion. Recently I was lucky enough to adopt an animal, a very nervous animal, that stayed for six months at that shelter and they treated him, they didn't do a good job, they done an excellent job. When I took the animal out, she escaped and she was gone all night, all day. I called up the shelter that day, they were there before 8:00, the woman (inaudible), she came with her own car, her own gas, her own time, walked up and down the block, calling the animal and she had enough contact with this animal that the dog came running to her, when she seen her, wagging her tail, happy as, and we have her now quite a few months and she is very happy and like I say, they don't do a good job, they done really an excellent job. And you really have to prove that somebody else is going to give the same standard of care that they have from these people and they really do care. You go over there, which I have, and they really do and just to get a proposal or price is not the same as saying you are going to get the same care. SUPERVISOR RUSSELL: Nobody disputes their work and the history. Nobody disputes that. It is just business, due diligence. We have obligations to all of the taxpayers of Southold Town. MR. BRADY: I know that. SUPERVISOR RUSSELL: All of that can be fleshed out in the counter-offer. MR. BRADY: You have to show that the price is going to be the same. You know, you are not getting a Ford for .... SUPERVISOR RUSSELL: You are right. You are right. You are exactly right, we agree with all that. We understand that. We understand that we need to evaluate not just costs but quality of care, experience. We understand all that. MR. BRADY: And they really are great over there. You can't believe... COUNCILMAN KRUPSKI: Every time, I have been there a number of times because there was, like Vinnie says, there is a leak here, the door doesn't work, the doors that were designed for the kennels weren't very good... MR. BRADY: That is all maintenance that people have to do, these people have been doing the job and performing .... COUNCILMAN KRUPSKI: No, no. This wasn't maintenance, this was because the new building, design flaws in the new building. So because of that, we toured the facility, we look at this and there is another problem and so we have to go and look at that. In all the times that I have been there, you are right, it is always clean, it is always well-kept. You are absolutely right. But that is, we go there because it costs, we have had a years experience. It costs between February 15,2011 Southold Town Board Meeting Minutes Page 53 $30,000 and $40,000 in energy costs for that building in one year because of the way it was designed. And we had to add, we had to spend more money to add better kennel doors to keep the heat in and so it is always .... SUPERVISOR RUSSELL: The taxpayers have the right to know that we are doing everything we can to get the best run shelter we can for the least amount of tax dollars. We spend a substantial amount of money on debt service. About $40,000 a year in the operating utilities, etc. And then the contract, they have the right that we have done everything we can, that is our obligation and the contract and again, I don't know if the issue is the RFP or the contract but the contract tries to show that accountability to the public. It is not accountability of anybody running the facility to us, it is the accountability that we and they have to the public because the public is paying the bills. MR. BRADY: But just so we know that when people take care enough, that they come on their own time, their own gas, their own automobile, to look for a lost animal that was really my fault that it got away and found it, you know, she only found it because they care that they gave her, they recognized the animal and she came running to her. COUNCILMAN ORLANDO: And that is why Albert and I wanted to be on that committee, the oversight committee, because obviously we love animals. We have animals and cats and as Benja knows, I am down there a lot, like Albert and they see me all the time. And they run a tight ship down there. They do a great job, no one said they don't do a great job, they do. I see them all the time when I am down there and the only reason I am down there is, it is a town facility, I want all the new equipment to be working the best it can to help them. That is why I always ask Gillian, how is the washer and dryer, do we need to fix it? How about the pressure washer? We are out there working with them, I am out there all the time and working with them to make sure things are working well so they can do a great job. And they keep it very clean, they do a nice job. No one is disputing that. MR. BRADY: We can end up with a shelter like Hempstead. SUPERVISOR RUSSELL: Hempstead is a municipally run shelter. And under no circumstances does this Town Board want to create more work for public employees. We are trying to do the opposite. We have been trying to cut the payroll, not expand, this notion that we are going to create this municipal kill shelter is a rumor that got spread by someone who is simply being dishonest with the facts. If we wanted to create a municipal shelter, we wouldn't have taken the time to put a very large, comprehensive contract. We would have let the contract expire, go to civil service, get the hiring list and start hiring people. We wouldn't have put a contract out. MR. RADOCCIA: I think the answer to your question about is it the contract or is it the RFP, I think the big issue is that it is the RFP and that the RFP opens the door, particularly with that letter that has gone out to the community or to people around here. It opens the door to people whose first interest may not be either Southold's or the animals and I think that is where a lot of people are really concerned. We understand that you have an obligation, that you have got a job February 15,2011 Page 54 Southold Town Board Meeting Minutes to do, that you have got to be able to put a contract together with whatever organization that is, that meets the interest of the town but by going out and putting out an RFP that opens up the door to potentially someone coming in here and saying, gee, you know we can do this for less money, without you really knowing what they are going to do, that I think what has really riled everybody up. SUPERVISOR RUSSELL: General municipal law, any contract vendee goes through a competitive process. The NFAWL shouldn't fear that. They do an excellent job, they mn a shelter for not a lot of money. Be part of that process, you know, I don't know how we can convey that any further. Now that letter, specifically, is offensive to me. I didn't know it existed until someone just read it and I find it extremely presumptuous of a private individual to insert themselves in the town's business like that. MR. RADOCCIA: Then perhaps maybe this Board to show or to back up what you just said, should have the attorney contact that person and take some legal action against that person for using, for misrepresenting the Board, misrepresenting a councilman .... UNIDENTIFIED: Inaudible comments from audience member. MR. RADOCCHIA: Well, then we know if you don't take that action, then in fact, what we have here is someone working behind us. COUNCILMAN ORLANDO: Not at all. Not at all. MR. RADOCCIA: It sounds nefarious, it sounds like you are trying to subvert a public process, you are trying to get rid of a community organization, an organization that has the popular support of the whole community .... SUPERVISOR RUSSELL: We are trying to make the process more public. You know, I have to agree, that letter is offensive to me but we are trying to make the process more public, that is what this is all about. MR. RADOCCIA: Okay. Then refute that letter. Publicly refute that letter. SUPERVISOR RUSSELL: I will refute everything she has to say period. How is that? Not just what she has to say in the letter but everything she ever has to say with respect to the North Fork Animal Welfare League. I am well aware of the axe grinding that is going on. We have no interest in that. It is not about the personalities, it is not about the welfare league, this is just business. And it is trying to follow sound, fiscal policy. That is all it is. COUNCILMAN ORLANDO: There is no conspiracy going on at all, sir, I can guarantee that. MS. GREENFIELD: I am delighted to say that I had no part over the years over this tug of war that has gone on in order to get the shelter built and I am delighted. I come in on a rather rhythmic, regular basis and I spend time 'socializing' the cats but what they don't understand is February 15, 2011 Southold Town Board Meeting Minutes Page 55 that it is better than a drink or tranquilizer because you kind of zone out. If I have any problems or questions or want any thing or need help, the staff is inunediately accessible. IfI want to take on more responsibility, they support that and I think probably the greatest satisfaction I have had over the last year is the fact that you have been able to accomplish building a effective, beautiful building for a staff that has worked heroically over the years in order to provide something for the animals and that is no small accomplishment. And from my own personal standpoint, I find it immensely charming when I think about all of the things that I have been involved in over the last 40 years, to be greeted particularly by teenagers in the dog and cat section of the Rite Aid in Mattituck, they come over and they tug me and they say they are the cat lady. And then they talk to me, so you realize that you are actually reaching them. We hope to develop mom, I hope to develop more small programs or programs for younger people but I congratulate you on finally getting this building built and I know that because of the openness of the meeting and your willingness to include public, you will include the public in the final decision not just .... SUPERVISOR RUSSELL: Absolutely. MS. GREENFIELD: Okay. I don't think anybody could ask for any more. SUPERVISOR RUSSELL: Let me just go back and say one thing. It is important to remember that we didn't build the building, the public did, the taxpayers did. They build the building, they pay all the bills. We have accountability issues to them. We and the shelter operators are all accountable to that public. This process is all about accountability and the fact is, is that because it is a new, state of the art building, the old contract won't do. There have to be fundamental changes to the contract. That is going to be... MS. GREENFIELD: Inaudible. I hear what you are saying. Thank you. SUPERVISOR RUSSELL: Okay. Would somebody else like to, Benja, can you let somebody else go? MR. SCHWARTZ: I just have one or two things. SUPERVISOR RUSSELL: But other people... MR. SCHWARTZ: You said that you were willing to negotiate this but you are talking outside of two sides... SUPERVISOR RUSSELL: I will listen to you but other people want to talk too, and I want to give them the opportunity. COUNCILMAN TALBOT: Give everybody else a chance first. SUPERVISOR RUSSELL: Please give other people a chance and then you can go again. COUNCILMAN KRUPSKI: We will be here to hear what you have to say, don't worry. February 15, 2011 Southold Town Board Meeting Minutes Page 56 SUPERVISOR RUSSELL: We will be here all night if we have to be. CATHY LYONS: My name is Cathy Lyons and I am from Peconic. I just wanted to say, I am a taxpayer, the shelter has rescued my dogs twice. One dog ran away twice and a construction worker brought it to Gillian and they kept my dog ovemight until we were able to get there in the morning and they were, you know, my dog was very well maintained during that period but I just want to say, more importantly, in life you always get what you pay for. Somebody could come in here and say that they could do the same job for $150,000 let's say. What guarantee are you guys going to have that they are going to do the same exact job for $150,0007 Because if we are donating privately and the veterinarians are also donating their time, it is obvious, because Gillian is there, the shelter would cost us, the taxpayers, a lot more money if somebody else stepped in. because we are only footing the bill for $190,000 and the shelter is taking care of all of the north fork. So before anything moves forward, thoroughly check whoever is saying they are going to do it for less. Because a lot of people do bait and switch. They will say they will do it and a lot of things will get changed. And it is the dog's lives that are at risk. I am sorry, all animals. COUNCILMAN TALBOT: I don't think we disagree with you, you are 100 % correct on that. You have heard these guys say they have gotten animals there before, I have as well, my wife and I and kids, we have donated over 100 blankets there, brand new blue blankets. If you have ever used them, they came from us. You know, we are looking out, like we said, not to get rid of NFAWL but to make sure we are getting the best bang for the buck, that everything is going to be taken care of, the building and everything else. Nobody disagrees with what the service is that is being provided there. If we can fine tune some things, it is all open for discussion. And I think the whole Board, I think nobody is going to sit here and say anything contrary to what you are all portraying. MS. LYONS: Okay, thank you. And also you mentioned that you are going to have a meeting next week. How will we found out? SUPERVISOR RUSSELL: I will gladly notice it to the paper. I have to discuss it with my attorney and the rest of my town board, if they will agree but let me just point out, it will be a meeting to discuss the contract. We feel strongly in many aspects of that contract and we understand that we are happy to explain where we are coming from and the reasons why. That would be the gist of it. But I will certainly, after we are done, try to discuss with the board when would be an appropriate time for that. Okay? Somebody else? SALLY KAHN: My name is Sally Kahn, I live in Southold. I am a very recent resident, almost like a babe here because I only live here 3 ½ years. In spite of my grey hair, I think that makes me a child. I think sometimes when I appear at town meetings or I've listened to broadcasts or I read the newspapers, there are things going on that I don't understand because I don't know the history and all the characters. So let me say quite openly, I do not understand six elected representatives putting out an RFP and not saying why? Each of you are here, you are talking about being taxpayers, here are all your voters, each one of you, you don't have to give us absolute nitty gritty specifics but you could give a policy reason, why that RFP went out. I have February 15, 2011 Southold Town Board Meeting Minutes Page 57 heard nothing other than you would like to save a little money and I think that you six people should be accountable to the voters to say why. Now it is good you are going to do it next week, Scott, I hope it is all done openly. But you just don't put out an RFP and say not say why. COUNCILMAN TALBOT: I would like to comment on that, ma'am. I would agree with you, say if this contract, because we had no feedback from the NFAWL other than they wanted to stay with the contract that was in place. We had to reach out in case the NFAWL decided that they didn't want to be there after March 31. What would happen if they decided to leave? Then we would be standing here with nothing. But this way if we prepare ourselves, hey, if these guys decided to hit the bricks, then we are covering ourselves. Because everyone of you would be here if you decided that there was nobody there to operate the shelter. Nothing more, nothing less than that. MS. KAHN: Can we hear from the other council people, please? COUNCILMAN TALBOT: Sure. COUNCILMAN RULAND: I will gladly speak to it. First of all, I don't know how many people are or are not aware of the fact that the State of New York has gone out of the dog licensing business and has dumped that on the towns. We are required to set up a complete protocol system. And that is going to involve the operator of the shelter, whoever that might be. That has to be incorporated into any contract, for the protections of the people and the protection of the town. Secondly, I believe as I interpret the general municipal law, we have an obligation when a contract such as this for a service, expires, that we make due diligence to look at all options. Certainly in my opinion, without going very far, I think the league is in the best position to respond to any proposal because they are the current operator. The only other thing I will say is that the league, through its' attorney, has made it quite clear that we are to speak to her and to her only and I am not going to comment any further. PAT AMATO: Pat Amato, Peconic. I came tonight just to sort of get some information because I heard a lot of numbers thrown out there as far as insurance policies and I guess what you are talking about, the licensing. They know that that is coming down then, correct? So they know that that is mandatory? So are they asking for more money to be put into the budget and you guys are not willing because of the exorbitant costs of the new shelter? SUPERVISOR RUSSELL: I will speak to that. And Councilman Ruland is right, we shouldn't get into the specifics of the contract, they were brought up and I tried to dispel some misnomers but we have not gotten a counter proposal yet for the contract that was advanced to them. There is no counter proposal to include any needed additional costs or anything. MS. AMATO: Your proposal to them, it seems like it was so far away that that is why they have asked people to come in support of the shelter, I don't think we are exactly understanding, when you guys said it was an issue of the RFP or the contract, I think it is the contract that is the issue. I think that the money, in other words, the cost of the shelter, I understand we have a whole new shelter now and it is not going to operate, I think we have the same issue with the library, when February 15, 2011 Southold Town Board Meeting Minutes Page 58 you double the size of the library you are going to double the costs of running it. So you are asking for more money from them? Or you are asking them to operate on .... COUNCILMAN TALBOT: Did they... SUPERVISOR RUSSELL: I will not... MS. AMATO: The costs of the shelter have gone up but we are not going to allocate more money?. SUPERVISOR RUSSELL: We actually, I think the offer, I don't want to misspeak, but I think the offer that was extended actually increased the operational costs of the facility. Over $195,000 to about $207,000 or $202,000 this year. Something along those lines. We did that but again, we did the heavy lifting. We put the contract out there. Get us a counter proposal. If this aspect is going to cost you money, get it back to us. That is what negotiation is. MS. AMATO: And the meeting that we are going to have that you had said we (inaudible) SUPERVISOR RUSSELL: I would like to see those. COUNCILMAN KRUPSKI: Absolutely. SUPERVISOR RUSSELL: We have done the details. Now I would like to see .... COUNCILMAN KRUPSKI: A lot of the details have to do with the fact that it is a new facility and it has to be maintained. And I am not talking about cleaning it, I am talking about all the mechanicals and everything that continuously break. MS. AMATO: Did they ever even know that going into this building? I mean, this is not something that should be sprang on them. They should have known that this was going to happen. COUNCILMAN KRUPSKI: This building has had more surprises in it based on the design, the way, well, we have, believe me, this has been a long standing problem going back trying to get everything working properly. It has got nothing to do with the operators, it has got everything to do with the building itself. But because it has all these different mechanicals, the people whoever operates it, they really need to be trained so that everything works efficiently. I am the liaison to the Alternative Energy Committee and this building is such an inefficient building, energy wise and everything has to be done now in its operation to make it slightly more energy efficient. Things like that have to be put in a contract. MS. AMATO: Okay, so those things will be disclosed .... SUPERVISOR RUSSELL: They were disclosed. It was submitted to the attorney representing NFAWL. February 15,2011 Southold Town Board Meeting Minutes Page 59 MS. AMATO: Right, the attorney but like you say, it is not public knowledge. I am asking you what is .... SUPERVISOR RUSSELL: Well, then your attorney, well, I am sorry, their attorney would need to allow this town to discuss the issue and our instructions are to go through her. MS. AMATO: Okay. COUNCILMAN TALBOT: They didn't portray any of the details of the contract? Any of the positive details. MS. AMATO: Inaudible. COUNCILMAN RULAND: I would just like to comment one more thing, ma'am. That there are certain fixed things that we must understand. One of them is currently, currently, there are $2,389,000 in short term notes out on that building and they will shortly be converted into long term debt. Which according to the amortization schedule for the building, we are just talking about the building which is an asset of the people of the Town of Southold which will be paid for by all of the people of the Town of Southold, which according to the arbitrage, in the year 2027 when this is paid off; we will have paid $3,4274,263.21, so my feeling is that we have to weigh that into the formula. It is not the total, it is not the total, alright but it is a significant part of the equation because the debt service is fixed no matter what, if we go belly up, the people have still got to pay for this. So what we need more than anything is an operator, whoever it turns out to be, that is as everyone described. Again, my opinion is, the League is in the best position. We are currently negotiating for a new contract, not for an extension of the new contract. For a new contract, as Councilman Krupski spoke to, and it is for a number of reasons. One, going into the dog control business, the dog licensing business and satisfying the requirements of the State of New York, while they are not going to give us next to no money and no help. So we are going in that direction on our own. But just from a practical standpoint, any contract, all the ones I have been involved in the last 25 years required give and take. This is no different. If many issues, such as employees, how they are treated, who they are, how they are perceived by the public, by other people, all come into play but when it comes down to it, it is the terms of the conditions in an agreement that are reached in consensus by both sides. I think that the Town Attorney would agree, we are in the very infancy stages of trying to get a successor agreement. But I am not one that is going to bet the entire store that we will come to an agreement. So I would agree and I did agree, to go out to an RFP and see what is out there. I would say to anyone that for instance, if one came in at half the price, knowing what we know, it would be dubious at least to say that you would award something to someone because they couldn't perform. You know they can't perform because you know what it costs because we already have the history of what it costs based on our years, the last three years of the current contract. We have that history, we know what that costs. We know from financial information that has been provided to us by the League, what their costs are as well. MR. EDELSON: Inaudible. February 15, 2011 Southold Town Board Meeting Minutes Page 60 COUNCILMAN RULAND: The previous town board. MR. EDELSON: Inaudible. COUNCILMAN KRUPSKI: Well, we have been. DPW has been going down there constantly, to change filters, to try to reroute exhaust fans, to add exhaust fans, to try to make mechanical changes to make the systems function... MR. EDELSON: Inaudible. SUPERVISOR RUSSELL: Not at all. COUNCILMAN KRUPSKI: We wanted, we want the operation, this is a new facility, the operations of the mechanicals are different obviously. We want to make sure whoever is operating it is educated in how to operate it correctly, so that we don't have to go down there... MR. EDELSON: Inaudible. COUNCILMAN ORLANDO: Well, we did go back to the... COUNCILMAN KRUPSKI: Inaudible. COUNCILMAN ORLANDO: We did go back to do exactly what you did, to try to recoup or to try to get some accountability, but there was a contractor involved, an architect, an engineering company. You know what they did? Oh, well, he told us, she told us that and we got nowhere. We tried to contact them and recoup some or get them, you know, liable for .... MR. EDELSON: Inaudible. COUNCILMAN RULAND: Apparently not. COUNCILMAN ORLANDO: I wasn't on the board at the time, ma'am, when they picked these people. MR. EDELSON: We are talking about negotiating back and forth and as a person who at one time had a New York state real estate license, I am familiar with negotiations. I would like to ask the Board to please look at attachment B, page 3 number C which reads, make available for adoption and euthanasia any domestic animals or seize dogs not redeem as provided for in the policy dictated by the Town Board. Now is that a deal breaker? Is that negotiable, that the Town Board is deciding that this is a kill or no kill shelter? Tell me. Is it debatable? Is it negotiable? Or is it a deal breaker? This is a rather strong point. COUNCILMAN KRUPSKI: Is that part of the Ag and Markets law? February 15, 2011 Page 61 Southold Town Board Meeting Minutes MR. EDELSON: I am sorry? COUNCILMAN KRUPSKI: I don't know what you are reading .... MR. EDELSON: No this is, the attachment B, agreement between the Town of Southold and for operation of the Southold Town animal shelter. It is on page 3 and it is paragraph C and if you want, I will read it again. Make available for adoption or euthanasia any domestic animals or seize dogs not redeem as provided for in the policy dictated by the Town Board. SUPERVISOR RUSSELL: Okay, I will tell you that the policy has not been adopted by the Board but the Board has already committed itself to making sure that anyone that would mn that facility would run it as a no kill shelter but for very narrow circumstances, as is the current policy. And that would be by obviously the veterinarian and it would be, any policy that we would adopt, that we would support would have to mirror or mimic exactly the policy that is currently being followed. MR. EDELSON: Yes, I can see that point however, the way this is written, the Town Board can at anytime decide that the policy is to be a kill shelter and I cannot understand why you would write it this way without the conditions that you just specified. SUPERVISOR RUSSELL: Yes, can you please answer, Martin? MR. EDELSON: Because this is far too broad. TOWN ATTORNEY FINNEGAN: Can I just clarify something? The RFP that everyone is referring to and the contract is a proposal that was going to go to someone who we don't even know who that is. Okay?. The NFAWL, we are on a different track with because we are involved in a negotiation with them, okay? What everyone here has to understand is, there has to be a document that goes out to this unknown entity, who we don't know what their philosophy is. So obviously the Town Board, in an agreement, would want to reserve the right to set that policy in accordance with what the town's standards had been, so it is not to say that this is dictating something that is contrary to what exists, the document is going out to whoever responds to it, so all the provisions of the contract are more general in nature than what you would maybe see in an agreement with an existing entity. It is not what we are shoving down the throat of NFAWL, it has to contemplate the unknown so we have to be prepared to address that. MR. EDELSON: Does that therefore apply to paragraph K on page 4, in the exercise of its discretion (inaudible) or homeless domestic animals may hold domestic animals beyond the time required by law provided however, that in no event shall the shelter operator admit or house other shelters strays or homeless domestic animals or hold domestic animals beyond the time required by law. Now, why is there a time limit now? Because the goal has been, of this shelter, to keep the animals as long as possible, in fact, sometimes indefinitely, until they are adopted. So why is this here and which law are you referring to? TOWN ATTORNEY FINNEGAN: That is article 7 of the Agriculture and Markets law, that February 15,2011 Page 62 Southold Town Board Meeting Minutes comes directly from that. I can tell you that that provision is in the existing contract right now with NFAWL and I don't believe that the Town Board has taken any steps to alter that or enforce it but that is the language of the law, the state law. MR. EDELSON: Okay. Thank you. May I just go back to this point, that I am sure that any negotiations with the League is going to be conditioned extraordinarily by this paragraph C because frankly it reads as if the Board is taking control or will take control or might take control in regard to this issue. SUPERVISOR RUSSELL: Okay, then that is what a counter proposal would speak to. A counter proposal from the entity that runs the shelter can provide, you know, again, we put it all on paper. Now it is time to put something on paper and submit to the Town Board the issues, if there are cost driver issues that need to be considered, if there are issues with administration, that is what a counter proposal would do. MR. EDELSON: Agreed. But as I said at the very beginning, is this a deal breaker? SUPERVISOR RUSSELL: Not for this Board, I can assure you. MR. EDELSON: Okay. Remember, this is on tape. Okay, thank you. SUPERVISOR RUSSELL: Who has not spoken that would like to speak? SUSAN DANOWSKI: Susan Danowski, Cutchogue. I grew up in Southold, moved to Riverhead for 20 plus year, my husband and I are back in Cutchogue. I have seen both sides of the fence. Riverhead shelter is the epitome of how bad things can go when the wrong people are in charge. Recently in the paper, euthanasia policy was written down, obviously not followed. A dog that shouldn't have gone down, went down. It is a big issue. Jump on the other side of the fence, Southold totally different situation. I am not going to repeat everything that everyone else said tonight about how wonderful our shelter is, we know that. If it ain't broke, why are we trying to fix it? One other question, every time the contract for the animal welfare league has come due, have we put out a request for proposal? SUPERVISOR RUSSELL: No, we have not. MS. DANOWSKI: This is the first time? SUPERVISOR RUSSELL: I have no idea. I can only speak to my history with the Town Board of five years. MS. DANOWSKI: We have never done it before. We have never been responsible to the taxpayers before but we are now? SUPERVISOR RUSSELL: I would argue that any contract that doesn't include a performance bond is an irresponsible act on the part of a previous town board, absolutely. February 15,2011 Page 63 Southold Town Board Meeting Minutes MS. DANOWSKI: You have never had a performance bond before? SUPERVISOR RUSSELL: What is that? $5,000 cash deposit, I don't even know where that came from. We are not renting a dorm room here, we are running a $4,000,000 facility and the contract needs to reflect those obligations. MS. DANOWSKI: And that is the only reason we are going out for an RFP? SUPERVISOR RUSSELL: No, there are other reasons. I think one of the councilman said before, he has a fiduciary responsibility to go out, it is called due diligence. It has nothing to do with the current operators of the facility. MS. DANOWSKI: Okay. SUPERVISOR RUSSELL: Jim? JIM DINIZIO: Jim Dinizio, Greenport. I have lived in the town for nearly 60 years and when I first read about you sending out RFP's for the dog pound, that's what I call it, I am sorry. I thought, well, gee, it is nice to see that you are taking it seriously, that you are taking care of the finances for a $3.4 million building that, you know, I paid for as a taxpayer. And that is not to say that I am ungrateful to people who take care of those dogs. I had an occasion to work in. there for a couple of months when they were building it and observing all the people and I know some of them, I went to school with one of the ladies that work there. They are all very fine people, they all care well above what anyone normally would do in their job. Why? Because they love animals. Animals are a very emotional attachment. I had a dog for 16 years, he died in my arms a few months ago. I cried like a baby. It is a sad thing. With that said, I think that I read in this local intemet paper that we have, locally, I just started reading it and the article that I read there just didn't seem like they were the people that I am looking at right now. It made accusations in there that I think are unfounded. And I had made a comment on there and basically was told I didn't know what I was talking about. But I am assuming that when you meet to whip up an RFP, you know, the language for it, or negotiations for a contract, you are not going to do that in public. I am a business man and I know one thing, if you had something bad to say about my service to you, I would hope that you do it in private and you know, I am assuming that that's what happened here. But I just, in the beginning of this meeting I heard a lot about how good the welfare league does but you know, the taxpayer did a lot, too. They are not the best just because it is the welfare league, they are the best because we have got a beautiful facility there, regardless of the doors and all the things that are high maintenance. I mean, I knew that looking at that building when I walked in. I said, this is maintenance nightmare. COUNCILMAN ORLANDO: Inaudible. MR. DINIZIO: There are things in there that really belong in Manhattan. Fire systems that you have and floors that are concrete, everything is concrete. It will be a wonderful building for 100 February 15, 2011 Southold Town Board Meeting Minutes Page 64 years. It is going to last longer than this building, I can tell you that. In the beginning, I didn't hear the appreciation for that. I am just hoping that the people that stand up appreciate the fact that this town not just the NFAWL, has committed itself to that dog pound over there. Whatever you want to call it. The dump is the dump and this is the dog pound and that is where I got my dog from and I am glad they didn't kill him before I got to him and like I said, I have got a gravestone in my backyard for him. My wife thinks I am crazy. But if you are going to have contract negotiations, I realize that you have to have them in private and I just want you to know that there is one person here tonight that appreciates the fact that you are discussing what you are discussing, you took the steps and you knew exactly what is going to happen. And I would hope that in the future, and I hope that this goes on every three or four years. Quite honestly. I know it is like pulling teeth, I know it is like fingernails on a blackboard but competition is good. When I saw you were going for RFP's, I didn't think that you were looking to replace a no kill facility, I thought you were looking to see if in Southold Town, someone locally, there was someone that could do that you want done which is what the town is committed to, a no kill facility, just as well. You know, there may very well be some people out there that can do it. There may very well be people part of this organization that may want to start their own organization that think they can do it better. It is not a question cheaper or not, it is a question of what we have committed to. And I am just hoping that all of you and all of these people here get over the rhetoric and understand that if you do a good job, you are not going to get fired. And I can't possibly think of any more be it 12 or 13 people in this town that will do a job that these people have done. Thank you very much. COUNCILMAN TALBOT: Thank you. MR. SCHWARTZ: Excuse me, but just point of order, there was no disclosure. Jim, do you want to, you are working for this Board. Don't you think you should make that known? COUNCILMAN TALBOT: Jim is a member of the Zoning Board of Appeals. Is that what you are talking about? MR. SCHWARTZ: He was appointed by you, so he is (inaudible) MR. DINIZIO: Hold on a minute. I have been involved with this town for a good 25 years, okay?. And yes, I am a member of the Zoning Board, as a matter of fact, I got fired by these guys two years ago. So I don't know what you are talking about, all I want you to know is this, if full disclosure, full disclosure, then yes, I am on the Zoning Board. I don't know what that has to do with a dog pound, I don't know how that is going to hurt or not hurt animals but yeah, I am on the Zoning Board. Let me tell you, that is why I have sympathy for you because I thought I did do the best job of all and I got fired. JUSTIN (INAUDIBLE): I am Justin (inaudible) from the Town of Riverhead. I have been a volunteer for the NFAWL and also contributed in ways with friends also bringing money into the support of the shelter and my time and I just want to say the League is an award winning organization, they won the award from Dan's papers as best of the best for the north fork. This gentleman just said if you do a good job, you don't get fired but I mean, from my perspective, if February 15, 2011 Southold Town Board Meeting .Minutes Page 65 you are sending out an RFP you basically did fire them. You are looking to see if someone can do the job better than them. They are award winning, they are the most cost effective organization, next to the Town of Shelter Island which is much smaller. So I have to really ask, you know, again, why are you doing this and in particular with the implication that people on the council are looking to antagonize people up to the league. Why are you doing it? They are doing a good job, they are doing it in a cost effective way. What do you hope to gain from this? SUPERVISOR RUSSELL: I will tell you what I think the RFP will reveal. It will reveal once and for all that there is no better organization to run the facility than the current one. It would also reveal the market value. What should we pay for the operation of the animal shelter? We have a fiduciary responsibility to make sure we get the best run shelter we can for the taxpayers for this town. That is a public process and it is an accountability process. We are accountable to the people of this town, any subcontractor is accountable to the people of this town, we all work for the same people. Any subcontractor, any town member, any supervisor works for the same public and they have a right to know that we are exercising due diligence and following sound fiscal policy. JUSTIN (?): Okay. SUPERVISOR RUSSELL: Oh, incidentally, I read the piece. There is no cronies that I am aware of that want to run the animal welfare league, there is no effort, it is absolutely factually incorrect to suggest it is a take it or leave it offer. In fact, we have already made suggestions to the attorney representing NFAWL that look, this is, we can talk about this, we can talk about this. We need a counter proposal. JUSTIN (?): Okay. Well, I am glad you are ruling out the cronies angle. Again, there is the implication that there might have been some communication with people who might not have had the best interest of the welfare league. People that have sued previously. The Carole Geiss letter I am referring to. In terms of the negotiations, how did you arrive at a $200,000 figure for a surety bond and what does a surety bond exactly (inaudible) SUPERVISOR RUSSELL: It is a performance bond and it is the value of the contract. Just to give you an example, Corazzini Asphalt has probably been doing business for this town for the last 50 years but if I am going to give them $200,000 worth of asphalt work, we ask for a performance bond to make sure the work gets done. All contract vendees of the town usually provide a performance bond. It is not a cash value, it is not a $200,000 escrow account, as was suggested earlier, it is a performance bond. Typically performance bonds run 1 to 3 percent of face value. Now, the money offer that we made to the facility is simply based on the current plus. Previous escalations. Again, if those numbers aren't workable, get a counter proposal back. JUSTIN (?): You understand that is a cost for a non-profit to have such a bond? SUPERVISOR RUSSELL: Of course. It is a cost for any contract vendee. Of course, that is what has to get factored into the equation. I can't do the accounting and the calculations for an Page 66 February 15, 2011 Southold Town Board Meeting Minutes organization that wants to do business with the town. They could do that, they can call, find out what the numbers are, find out what their concerns and their cost drivers are and then resubmit a counter proposal to this town. JUSTIN (?): Okay, fair enough. One other thing in regard to keeping costs down, I understand that you had been approached actually to discuss a contract and rather than responding directly, you referred to the town attorney which then results in having the attorney for the NFAWL become engaged, these things cost money. They cost money for the town, they cost money for the non-profit .... SUPERVISOR RUSSELL: The Pamela Mann, I believe her name is Pamela Mann that represents NFAWL, instructed us to go all discussions with regard to the NFAWL contract need to go through her. I am not involving her, she is involving herself. JUST1N (?): This is after you had passed on discussing the contract and passed it on to the town attorney. So then it becomes attorney versus attorney. SUPERVISOR RUSSELL: That I think is a better process. JUSTIN (?): It is an expensive process. SUPERVISOR RUSSELL: It may be but all the personalities around the table, have you met these six people? Having everybody around the table is a better process however, those aren't the rules that we set, those are the rules that were set by the attorney representing NFAWL. I presume that she operates at their will, in other words, she follows their instruction. JUSTIN (?): She does but again, you passed on negotiating directly. You gave it to your attorney so. SUPERVISOR RUSSELL: No, we didn't pass on that. We weren't offered the opportunity to negotiate directly. In fact, to be perfectly candid, I have known Gillian for probably close to 30 years, I can't pick up the phone and discuss the specifics of the contract because the attorney told us all contract negotiations go through her. MR. RADOCCIA: Just for the record, signed by Martin D. Finnegan, Town Attorney, Office of the Town Attorney, Town of Southold dated January 7, 2011 'Dear Miss McGuiness, The Town Board has received and reviewed your proposed contract. (Disputing what you said that you never received anything) And the letter to Supervisor Russell, I presume that is you, dated December 15, 2010, to address and clarify the various issues that arose throughout 2009 and 2010 and to assure the town's compliance with applicable provisions of the Agriculture and Markets law, the Board proposed the attached agreement which highlights substantive changes to the prior agreement. Please advise the undersigned if this agreement is acceptable to North Fork Animal Welfare League no later than January 14. If the North Fork Animal Welfare League is not able to accept the revised terms by that date, the Town Board will issue a request for proposal for the maintenance and operation of the town's animal shelter. Last, please direct all February 15, 2011 Southold Town Board Meeting Minutes Page 67 questions and comments regarding the posed agreement to this office. Very truly yours, Martin Finnegan. SUPERVISOR RUSSELL: Right. MR. RADOCCIA: So they attempted to have a communication with you, Mr. Russell, and received a letter from Mr. Finnegan saying in the future please send all .... SUPERVISOR RUSSELL: They sent, first of all, they didn't send a counter proposal. What they sent was the old contract and I think something everybody needs to understand, there will be a new contract. We have no choice. Changes that state ag and markets law, changes with a new facility require new contract. They sent the old contract. I referred it to the attorney, just as I have been referred to their attorney every time I have tried to have conversations with them over the past two years. MR. RADOCCIA: Okay. But just so everybody also understands, you indicated in the RFP you are raising the amount of money that you are going to pay to the operator to $205,000. As it was stated in the Newsday article, it was $195,000 that was paid under the last agreement, you then also indicated, I believe it was Mr. Orlando or Mr. Krupski, that the cost of maintaining the facility runs you approximately $3,500 a month. COUNCILMAN KRUPSKI: That is only the energy costs. That is not everything else. MR. RADOCCIA: Okay, that is only the energy costs. Okay. $3,500 a month .... COUNCILMAN KRUPSKI: No, no, $35,000 a year. MR. RADOCCIA: Let's use $40,000 just for round numbers. So $40,000 is what you are now asking the League to pick up, which is not under prior agreement. So... SUPERVISOR RUSSELL: It was in prior agreements, prior to that. In fact, only a few years ago the town started paying the utility costs. MR. RADOCCIA: Okay. So last year, just so everybody understands because I think it was a misrepresentation of the facts, just so everybody understands. The payment of $195,000 last year was exclusive of utilities. So now they are going to be generous in saying we are going to give you $10,000 more, you are going to pay another $40,000. So in fact, the league is being asked to take on an additional burden of approximately $25,000 or $30,000 when they have already subsidized the facility to the tune of approximately $180,000. So, let's just make sure that we have got all the facts on the table. SUPERVISOR RUSSELL: Good. And I would strongly recommend that you discuss this with Pamela Mann and get a counter proposal to us. The contract, we have said time and time again, you have to start somewhere. We started somewhere, we put a very comprehensive contract on the table. We await a counter proposal. The original communication to me was the old contract. February 15,2011 Southold Town Board Meeting Minutes Page 68 It will no longer suffice and I think that many of those aspects .... UNIDENTIFIED: But this gentleman questioned, I just wanted to point out that you said, they in fact attempted to engage in a discussion directly with you. SUPERVISOR RUSSELL: Just me. MR. RADOCCIA: Then turned over to attorney's which then they have to go and hire Ms. Mann. And Ms. Mann unfortunately, is not on salary by the league. So she is paid hourly. And it is an additional expense that they would rather not occur. Especially if are going to pick up the utilities of the facility for the next year. SUPERVISOR RUSSELL: Then by all means, put that in the counter proposal. Anything, that is what contracts are, you have to start with a baseline and work somewhere. COUNCILMAN TALBOT: I would just like to comment .... COUNCILMAN RULAND: Just one comment. Excuse me, Chris, just one comment. The gentleman spoke about facts, if you are getting your facts from Newsday, I think you could get a better source. Because it wasn't $195,000. The contract, which is available to everyone, specifies exactly to the penny how much is paid each year for the three years of the contract. And in the year April 1, 2010 to March 31,2011 the figure is $197,390.01 .... UNIDENTIFIED: Inaudible. COUNCILMAN RULAND: Well, the connotation is, when you read something in the newspaper, don't take it as the gospel. MR. SCHWARTZ: I will be very brief. Did you or did you not conduct an executive session a couple of weeks ago to discuss this issue? SUPERVISOR RUSSELL: Yes, the contractual issue. Not the RFP, the contractual issue. Absolutely. MR. SCHWARTZ: Because it was the same day that you voted on the RFP. SUPERVISOR RUSSELL: There was a will of the Town Board to issue an RFP no matter when the contract went out. If it went out four months ago, the RFP would have gone out four months ago. I have to be candid, I asked the Board to hold back to give the League a chance to respond to the contract that was offered them. Otherwise they would have went out the same day. But there are some people that feel that there is a necessity to do due diligence and go out and make sure all the options are on the table. MR. SCHWARTZ: When was the decision to issue the RFP made? Page 69 February 15, 2011 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Probably right after some people got elected. MR. SCHWARTZ: Was there any discussion of that issue? Public discussion? Because I have been at most of the Town Board meetings and I don't recall... SUPERVISOR RUSSELL: You have missed quite a few, Benja. MR. SCHWARTZ: And I was at the meeting when you voted and there was zero discussion and zero comment from anyone of the six of you. Now, I want to just thank you for promising to change the way the town has been doing business here. I recognize that you came in here knowing you would be facing some adversity 0nd you explained to us that you were negotiating and yet you blame the Animal Welfare League for not negotiating with you but if they are not negotiating with you then you are not negotiating with them. So I just want to thank you for your promise to negotiate openly, full disclosure and say that, as far as I am concerned, I have some personal connections with people in the league, I started a web site for the league a couple of years ago but I am a, you know, I live in the Town of Southold and you are my Town Board and you are the ones who have an obligation to staff and manage that shelter. SUPERVISOR RUSSELL: You are dam right. And that is why the town .... MR. SCHWARTZ: Could I finish? SUPERVISOR RUSSELL: Sure. MR. SCHWARTZ: And so far the negotiations and the RFP that I have seen indicate that you have the intent to micromanage the shelter. I hope that your expression of a desire, willingness to change your ways will include maybe a little more management of other dollars going down the drain all over this town. SUPERVISOR RUSSELL: That is what we do everyday. MR. SCHWARTZ: Well, I have tried to....okay. SUPERVISOR RUSSELL: We sure do it everyday. Now, just to get some clarity on the table, Benja. Gillian made it clear to me that you do not represent them in any way. So I appreciate you stepping up and saying these things but the fact is that the negotiation was being handled by the attorneys, the counter proposal has not been forthcoming and we need a counter proposal to move the ball. But the RFP, which we have said time and time again, is called due diligence. We are doing it with all contracts. We have gone out, we have RFP'd or we have bid out, we didn't bid this, we have no binding obligation to an RFP, no legal obligation to any of the bids but we have obligations to all of the taxpayers. There will be a new contract there and it will have substantial amount of accountability. Again, the accountability that we and any operator would share as employees of the public. MR. SCHWARTZ: Inaudible. February 15,2011 Page 70 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: We would like to have a successor agreement in place by the 31 of March. I sincerely doubt that deadline will be met. I think it is imprudent to set deadlines on contract negotiations. MR. SCHWARTZ: Don't you have a legal obligation to have a contract in place by March 317 SUPERVISOR RUSSELL: I don't believe so. Martin, do you? TOWN ATTORNEY FINNEGAN: We have a contract in place. We have them in place, the goal of the negotiation is to get it going. I think because of the dog control aspect, it happened in the past, the contract has lapsed .... SUPERVISOR RUSSELL: It has lapsed year after year after year. MR. SCHWARTZ: Inaudible. SUPERVISOR RUSSELL: We are only one party in any contract. MR. SCHWARTZ: Inaudible. COUNCILMAN TALBOT: I have no idea, honestly, how many work down there. But I would be concerned about that, yes. SUSAN ELLSWORTH: My name is Susan Ellsworth, I live in Greenport. My one concern is, no one seems to know if you ever sent out an RFP before. I just find it very suspicious that why wasn't that done before the new shelter? If anyone went down to the shelter before, the facility was just shameless, the working conditions for the people. SUPERVISOR RUSSELL: We agree. We agree. MS. ELLSWORTH: And now that they finally have this building .... SUPERVISOR RUSSELL: They don't have the building, it belongs to the taxpayers. It is not ours, it is the publics. MS. ELLSWORTH: I understand. I am a taxpayer, too, so I want you to get the best deal. But one of the things I am concerned about is the quality of care, if you want to replace them with another organization even though I think they are the best, what guarantee do the taxpayers have that they are going to have the same level of care for the animals and the law states you have to take care of dogs running at large. What about all the animals, other than dogs, that they rescue. If something happens to me and I die, my six cats are in the house. The law doesn't state that they have to take in the animals but they take it upon themselves, they spend their own money to do that. I mean, what guarantee if you go with another organization, are you going to ask from them to show how they are going to nm their shelter. How are you going to prove it to me that February 15, 2011 Page 71 Southold Town Board Meeting Minutes you are going to have the same level of care for the animals, that you are going to take in cats and dogs or are you just going to follow the law and just take in running dogs or what? SUPERVISOR RUSSELL: We haven't ever tried to impose any rules on the operation of that facility. We haven't asked them to not take in cats, to not take in, we haven't done any of that. We have asked for, in the new contract, reporting. So the public knows what animals are in their facility from month to month. What is the animal, dog, cat etc., what was its origins, what is the disposition. Those are all designed to create accountability and transparency for everybody. We are under that obligation every single day. MS. ELLSWORTH: But you have such a great organization, they do such great work, why would we want an unknown entity to come in and not keep up the same .... SUPERVISOR RUSSELL: I don't know that the Board wants that. What the Board has is an obligation to look at all available opportunities. And options. MS. ELLSWORTH: It just seems a little sudden after the town has a new building, that is the first year you put out an RFP. It just seems strange to me. Who would take on the job... SUPERVISOR RUSSELL: A new building requires a new contract, I mean, that should be clear to everyone. That kind of asset, the most expensive asset that the taxpayers in this town own of any of the buildings that we have, have the right to know that all of those issues, that they are being protected. MS. ELLSWORTH: But they have always had a new contract in all the 30 years that they have been doing this, correct? SUPERVISOR RUSSELL: But it is a new day, it is a new building. It is a new day. You are absolutely right, the other building was deplorable. We understand all of that but we have accountability issues that we need to address. MS. ELLSWORTH: I understand. COUNCILMAN ORLANDO: The contract was up every three years, it just happens to be the third year. MS. ELLSWORTH: I understand. It just seems strange we are putting an RFP out now when we have a beautiful new facility to show someone. Look at this nice job, who would take on the job with that horrible building before. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board? AMY SIRINCIONI: Hi, I am Amy Sirincioni, I am from Mattituck. Mr. Orlando, I have a February 15,2011 Page 72 Southold Town Board Meeting Minutes question for you. Why out of all people in Southold did you pick Sue, who sued NFAWL, to write a letter to solicit other organizations? SUPERVISOR RUSSELL: You mean Carol. You said Sue. MS. SIRINCIONI: Oh, sorry. COUNCILMAN ORLANDO: I didn't ask her to write a letter. I didn't ask her to get officially involved. Months and months ago, as I am walking out of a work session she said I can get you a list of people to send the RFP to. I said okay. I didn't solicit her, I didn't ask her, I didn't ask her to write a letter to the Supervisor or to us, I didn't ask her any of that. She told me that she could get a list of, we happened to talk about the animal shelter. I think we were putting the doggie doors in, and she said I can get you a list of other contracts to go (inaudible). I said okay. Didn't solicit her at all, didn't ask her to write that letter. I was shocked as you were to see that. IRENE DEBOWSKI: My name is Irene Debowski and I live in Cutchogue. I understand that it cost $3.5 million to build this shelter .... SUPERVISOR RUSSELL: Well, the costs are ongoing, the initial costs were about $3.1, we were able to subtract money that had been bequeathed. I think the net cost to taxpayers for the initial structure was $2.6 million but again, we continue to make capital improvements everyday because of some, what we would consider serious design flaws. MS. DEBOWSKI: Well, my point is, if this shelter was built 18, 19 years ago, it wouldn't have cost $3 million. SUPERVISOR RUSSELL: Oh, I agree one hundred percent. MS. DEBOWSKI: All the supervisors before you, all they did was drag their feet. They said they were going to do this, they said they were going to do that. Like most politicians, it rang hollow and I, as a taxpayer, never have heard anybody complain about the NFAWL, I have a problem with people like Scott Harris, no Pete Harris who said he makes $99,000 a year and he deserves it. That is my problem, not the animal shelter. And that is all I would like to say. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this issue? On any issue? JOHN CLEARY: John Cleary from Mattituck. This is a right to walk the beach. It regarded a fence that was installed on there with permission of the Board of Trustees. At that time I had a question of where the mean high tide mark was. The mean high tide mark by the State of New York was furnished in the notice to you from the parks department and the regulations. The only mean high tide mark that I could find or that anyone else could find was the one that was referred to in the 1949 survey. I did contact the Army Corps of Engineers and they said to change the mean high tide mark would require a licensed engineer who is an expert in the coastal processes. I didn't see any such notice on any document that I saw. The Department of Environmental February 15,2011 Page 73 Southold Town Board Meeting Minutes Conservation says the fence was totally illegal, that the Board of Trustees should have known that but it was constructed. The fact that Mr. King from the Trustees and Ms. Rivera stated in the Suffolk Times that in fact that water that was behind that fence was underwater land by the statutes of New York State. Now, another issue that I came to find that during the, I asked the attorney for the town to call me, five times, I never got a call back. That is not you Mr. Finnegan. But in the complaint, the original complaint, mentioning the State of New York and the Town of Southold and the Trustees of the Town of Southold, Ms. Rivera refers to her property as being bonded by metes and bounds to the high tide mark of the Long Island Sound. That is not tree. Her survey, her deed particularly states that her property is guided by the high tide mark of that very survey that I referred to, the survey of the property developer of the 1949 mean high tide mark. Not a high tide mark. In other words, her property was specific. Now my property is in the same subdivision as hers. This is the Captain Kidd Estates subdivision, it defines all the lots, my lot is defined just as hers. So if there is a right to extend it, I was never notified of any action by the courts. In addition, Ms. Rivera at the time of the trial, paid $10,000 to have the influence of the attorney general of New York State influenced. Right here. Mr. Finnegan, what would you say if someone paid the defense counsel $10,000 or paid to influence the $10,000 influence here, the defense counsel in a case that you have. Is that proper? TOWN ATTORNEY FINNEGAN: I don't know what she did or didn't do, sir. MR. CLEARY: Well, in fact, she paid, well, she paid a firm in New York City $10,000 for a contract during the period of January 2007 to December 2007 to a firm that says they collected over $2.5 million in fees and they are very successful in influencing politicians. It seems unusual to me that someone could pay, in the State of New York, ongoing trial, $10,000 to influence the defense attorney's actions. In fact, Andrew Cuomo was the lead, was the attorney general of New York State and he failed to show up or anyone from his office failed to show up. I find that unusual. SUPERVISOR RUSSELL: Unfortunately, it is not unusual and that is the problem with this but I agree with you. The issue was, and I know there was a state disagreement between the Department of State and the attorney general's office on whether a position should be taken on that particular case and the attorney general's office decided to punt, not to show up. I understand that whole legal issue. If you are looking for a copy of the judge's decision... MR. CLEARY: I have got it. SUPERVISOR RUSSELL: Okay. MR. CLEARY: Here it is. I knew packed it someplace. Harry Giannolis (sp?). Christine Rivera, two payments, $5,000 and $5,000. Contract period January 1, 2007 through December 31, 2007. Christine Rivera, in this thing, claims to be a registered agent. If money is paid for one defense counsel, you might ask the question was any money paid to anyone else. And was the judge influenced by this action, since he is connected with a lot of politicians. Now, another thing is, that several people have called me with regard to this problem. One of the things that was pointed out to me was the police were stopping people and threatening them with arrest or a February 15, 2011 Page 74 Southold Town Board Meeting Minutes summons for walking on the beach beneath the high tide mark. The mean high tide mark. Which is legal and part of the constitution of New York. In fact, when I went to the Trustees meeting, the Board of Trustees, I said in the case of the United States supreme court in lieu (inaudible) New Jersey, the Suprmne Court of the United States said that private individuals should not profit from the actions of the Army Corps of Engineers which is costly to taxpayers. So I think there were multiple transgressions made here. Now the end result is that I spoke to someone in Andrew Cuomo's office that referred me to Mr. Washburn in the attorney general's office and because of these inappropriate actions, it seems to be that they are notifying the division of integrity of the attorney general's office and they are going to investigate the judge and these actions in the town. COUNCILMAN KRUPSKI: That is good. That is really good. I mean, we agree with you. The action or the inaction of the state, we thought was deplorable and to privatize underwater land, I mean, where will that end? SUPERVISOR RUSSELL: As a sidebar, as I mentioned to you, my only ability in this case to determine mean high tide mark was I have allocated resources in the budget that we adopted in January to have a survey done of town owned property right next door. We have to presume the mean high tide mark at that property line would be consistent with what should be the mean high tide mark for all of the property lines. MR. CLEARY: I like that. Okay. I moved my own records when I get here. This survey that was, that I believe was followed up, was provided by Nathan Kerwin. Nathan, this is the survey that was used to change this property. He said it was by no means, by no means, intended to he anything close to the mean high mark. It was strictly a survey, commissioned by Christine Rivera of the high tide mark of the day that he made it. Now, this beach itself, by that fence that was there, goes up and down over a course of the week. The height of the beach, up and down, three to four feet because of sand, blowing wind, currents, whatever was there. That is what the fence says. In addition, Christine Rivera said that that fence sometimes went 40 feet into the water because the water went 40 feet up on her property. That is all underwater land. Now, there is something else. The issue, when I said the mean high tide mark, you have this letter from the parks department, I believe I furnished you with a picture of Mr. King's stake that someone stole the day after it went underwater. Now, the survey, again I pointed this out at the end of November meeting, a week later the DEC told Christine Rivera to take down the fence, she indicated she wanted to take it down. She was further told that it is not going up. But in this survey, Christine Rivera's original deed, it said that she had frontage on this mean high tide mark of 147 feet. On this new survey, it shows that she now has frontage of 164 feet. Now that is going into town property, so this survey, is there something wrong with it? Did the judge order that Christine Rivera could take this excess from the Town of Southold? I don't know. And something else unusual, that they have a high water mark on this survey. This is the Suffolk county tax map, I don't know who drew it but it says that the high water mark makes a 90 degree turn on this straight beach. Is that a proper survey? Now, the other thing is that Jack Sherwood signed this application... SUPERVISOR RUSSELL: The 72B form. February 15,2011 Southold Town Board Meeting Minutes Page 75 MR. CLEARY: Okay. You weren't aware of that when I spoke to you .... SUPERVISOR RUSSELL: I wasn't until you told me. MR. CLEARY: So somehow or another, Jack Sherwood who was a part time consultant, not an employee but a part time consultant, if I have that right and when I went to the county board of records, they said they never saw Jack Sherwood's name on any other document. SUPERVISOR RUSSELL: That is ridiculous. He filed 72B's all the time. He worked for me as an Assessor. I can tell you that. MR. CLEARY: That is what I was told. I found that unusual with all his experience could sign a form that gives away almost 20 feet of soundfront property which would have a value in excess of $100,000 to somebody that is not included, the property is not included in that suit. SUPERVISOR RUSSELL: I am going to, you know, you had me in the beginning but I have got to tell you, Jack Sherwood is probably one of the finest, smartest people I have ever had the privilege and honor of knowing. A WW I I veteran who is, I don't know what the, he usually would only file a 72B form with supporting documentation, whether it is a judge's order, whether it is a survey, even if it was misleading, you know he, what happened was, the 72 form got filed on that property. Ultimately the real property tax service agency of Suffolk County changed all of the properties there based on a court order that was submitted to them. MR. CLEARY: I saw the court order on that and the court order that I saw, I couldn't find any lines or any reference that would have the requirements to fulfill the letter of the law, so I called the judge's office to see if I could get an explanation of what they meant by the line. Now here I am, just a regular old guy that wants to walk the beach, I call the judge and I questioned his decision. What do you mean by the line? Where can I find that line? The judge's office told me to get a lawyer. I think that was a fair question to put to an official. If I asked you what your name was and you told me get a lawyer, so this Elizabeth Haslett Emerson, the judge in this whole case, number one, certified a document that said that she can go into town land, certified a document, Elizabeth Haslett Emerson certified a document says she can take on the water land the property of the State of New York and the property of the Town of Southold, she further indicated on this because of the suit, the police department involved. Now the police department is stopping people for walking on the certified underwater land, a violation of their constitutional rights, that is also (inaudible) to Elizabeth Haslett Emerson. When is this going to stop? Now when I walk the beach, now that there is no fence to guide myself by, is somebody going to jump out the woodwork and say he is trespassing and the town police are going to come down today. I can't walk around with a survey. I think that the town police ought to be furnished with the proper survey saying this is the mean high tide mark and has nothing to do with this thing that was presented and we are allowed to walk on it. In addition, if any avenues going to that that were blocked off by some unknown people, should be opened up. I don't want to come back. And the only reason I am back is because somebody in the building department encouraged me. Thank you. February 15, 2011 Southold Town Board Meeting Minutes Page 76 COUNCILMAN KRUPSKI: Thank you. It is an important issue, this is not, you know, this is something that can happen anywhere in the town. This is an important issue and the fact that, you know, you talk about the dispersion of public land it is intolerable. MR. CLEARY: Well, I agree. And I have walked thousands of miles of beaches on the east coast, I have never, never seen a fence down into the water. Never. And believe me, the biggest example of how this is improper, you go to the south shore with the million dollar houses and their attorney's and all, there is no fence going down into the water. Someone snuck by something here. Maybe we will also see an end to it. Thanks very much for your patience. And I would like to mention something about dogs. NICK DEEGAN: Nick Deegan, Mattituck. I just wanted to know, any update on the corridor study that was in Mattituck? SUPERVISOR RUSSELL: Yes, we have a meeting scheduled for the 15th of March, it is going to be a meeting, the Town Board meeting is actually going to be hosted in Mattituck and where the corridor study will be there, we actually just put a draft of the corridor study in the Mattituck library for people to review and our Town Board meeting, the mobile meetings that we have tried to create, the next one will be March 15 in Mattituck. MR. DEEGAN: Okay. SUPERVISOR RUSSELL: It should be on-line, too. MR. DEEGAN: Good thing you picked the 15th. SUPERVISOR RUSSELL: Yes, the 15th of March. MR. DEEGAN: Thank you. SUPERVISOR RUSSELL: Joe, please. JOE MCCARTHY: I will be very quick. It is late and everybody wants to go home, myself included. Question first. Has the Town Board been approached by anybody who offered to do a 9/11 memorial any place in Southold? SUPERVISOR RUSSELL: I have gotten offers from you and a gentleman from East Marion, who actually has access to structural remains of the World Trade center. MR. MCCARTHY: Okay. Maybe you can put us together because I also have access to that but as a matter of law, it has to be requested from the Town Board to have one of those... SUPERVISOR RUSSELL: I had actually talked to you several weeks ago and said by all means, come and talk to me. Let's, be happy to move forward on that. February 15,2011 Southold Town Board Meeting Minutes Page 77 MR. MCCARTHY: And I was here also to listen to NFAWL but I figured since I was here, I might as well bring it up. But I would love to work with you on that. SUPERVISOR RUSSELL: Please reach out. MR. MCCARTHY: To get something going and hopefully have it done by the 10 year anniversary, if possible. Thanks. SUPERVISOR RUSSELL: Who else would like to address the Town Board at this time? COUNCILMAN TALBOT: I would like to make a comment, something that A1 mentioned today and I agree and think these guys should be recognized. Three wrestlers from the Mattituck high school, Jeff Strider, Thomas Filipkowski and Brandon Lake all won their county championship in their weight division yesterday. COUNCILMAN KRUPSKI: And they are on their way to the state to represent Mattituck in the state championship. SUPERVISOR RUSSELL: Good for them. COUNCILMAN TALBOT: Congratulations, guys. SUPERVISOR RUSSELL: Is there anything else? Motion to adjourn? Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at t 0:10 P.M. RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Linda J Cooper Southold Deputy Town Clerk Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell