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HomeMy WebLinkAboutTB-03/01/2011ELIZABETH 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.nor~hfork.net MINUTES March 1, 2011 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, March 1,2011 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 4:30 PM with the Pledge of Allegiance to the Flag. Call to Order 4:30 PM Meeting called to order on March 1, 2011 at Meeting Hall, 53095 Route 25, Southold, NY. I. Reports 1. Island Group Employee Health Care 2. Human Resource Center Year End Report 3. Recreation Department 4. Planning Department 5. Zoning Inspector II. Public Notices 1. Applications to Army Corps of Engineers 2. NYS Liquor License Application 3. NYS Liquor License Renewal IlL Communications IV. Discussion 1. 9:00 AM - Mayor David Nyce 2. 9:30 AM - Jen Andaloro, Jamie Richter, John Sepenoski 3. 10:00 AM - Mike Verity 4. 10:30 AM - Melissa Spiro 5. 11:00 AM - Donald A. Rettaliata, Esq. 6. Carting License, Current Town Code + Carter LL 7. Multi-Town Helicopter Noise Advisory Group 8. Noise Meter 9. New Website March 1,2011 Page 2 Southold Town Board Meeting Minutes 10. 1:00 PM - Executive Session - Melissa Spiro - Proposed Real Property Acquisition 11. Executive Session - Labor Pledge to the Flag Moment of Silence for Passed Retired Towm Employees Supervsor Scott A. Russell SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. Thank you. Recently we have lost some former member of the Town, retirees, Barbara Andrade, Senior Justice Court Clerk and most recently, former Police Chief Dan Winters. I would ask everybody if we could please for a moment in their honor and memory. Thank you very much. And also before I get the meeting started, I want to make two announcements. Property tax information is available on line now. What is also available on line is that you can now pay your taxes with credit card. Any information that you would like to glean from this, you are welcome to visit the website. There is a service charge in utilizing the credit card to pay the tax bill but all that information will be on the website. If you just want to go on and click on the tax receiver's link. The second statement or announcement is that Thursday night at 7:00 right here will be my state of the town address for this year. If anyone is interested, don't all rush at once. COUNCILMAN KRUPSKI: Do you direct that at us? SUPERVISOR RUSSELL: Don't worry, Albert, there will be no yelling that night. That is all I have to say for now, so we will get on with the meeting. Would anybody like to address the Town Board on any of the resolutions? (No response) Opening Comments Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, February 15, 2011 · r Vote Re~ord ~ Ac~eptam:e of Mhtutes for Feb~ary isis011 7~o PM Yes/~ye NofNay Abstai~ Absent ~ Acc~t~ as ~d~ C~stoph~ Talbot s~onde~ ~ D ~ ~ scoR R~sell V~t~ ~ ~ ~ ~ V. Resolutions 2011-193 C,4TEGORY: Audit DEPARTMENT: Town Clerk Approve Audit March 1,2011 Page 3 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated March 1~ 2011. [] Adopted [] Adopted as Amended [] Defeated Yes/Ay~ No/Nay Abstain Abseqt [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] F1 Supervisors Appt Christopher Talbot S~nder ~ [] [] [] [] Tax Receiver's Appt [] [] [] [] Albert Krupski Jr. Voter [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter ~ ~ F1 F1 [] Supt Hgwys Appt [] No Action 2011-194 CATEGOR~ DEPARTMENT: Set Meeting Town Clerk Set Next Town Board Meeting for 7:30 PM, Tuesday, March 15, 2011 at the Human Resource Center in Mattituck RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held at 7:30 PM on Tuesday, March 15~ 2011 at the Human Resource Center on Pacific Street, Mattituck, New York [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland VOter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Ta boi ~0nd~ [] i-i ~ r3 [] Tax Receiver's Appt A!b~ ~p~k! ~r: V~ter [] [] ~ ~ [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter I~ [] [] [] [] Supt Hgwys Appt [] No Action 2011-195 CATEGORY: DEPARTMENT: Budget Modification Public Works Budget Modification-Appropriate Park & Playground Fiscal Impact: Appropriate park & playground funds for Peconic Lane School as provided in the amended bond resolution for same adopted March 9, 2010 TO BE TABLED UNTIL 3/15/11 March 1,2011 Southold Town Board Meeting Minutes Page 4 RESOLVED that the Town Board of the Town of Southold hereby increases the General Fund Whole Town 2011 budget as follows: To: Revenues: A.2025.00 Appropriations: A.9901.9.000.100 Special Recreation Facilities Park & Playground Interfund Transfers Transfer to Capital Fund $72,500 $72,500 [] Adopted [] Adopted as Amended [] Defeated ~s/A~? No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [3 [] Withdrawn Vi~ 6;i~dO ~00aer ~ El [3 [] [] Supervisot's Appt Christopher Talbot Voter [] F1 [] [] [] Tax Receiver's Appt [] RescMded Albert Krupski Jr. Voter [] [] [] [] [] Town Clerk's Appt Louisa P. Evans Voter [] [] [] [] [] Supt Hgwys Appt Scoil Russell Voter [] [] [] [] [] No Action Next: Mar 15, 2011 7:30 PM 2011-196 CATEGORY: DEPARTMENT: Policies Town Attorney Adopt TOS Exposure Control Plan TO BE TABLED UNTIL 3/15/11 WHEREAS, the Town of Southold employs over 200 employees and is one of the largest employers in the Town; and WHEREAS, the Town of Southold is committed to providing a safe and healthful work environment for all employees; and WHEREAS, it is the goal of the Town to provide an Exposure Control Plan that eliminates or minimizes occupational exposure to bloodbome pathogens in accordance with OSHA standard 29 CFR 1910.1030, "Occupational Exposure to Bloodbome Pathogens"; and WHEREAS, the Town of Southold intends to accomplish these goals through the implementation of training programs and remediation systems to protect employees that may have exposure to bloodbome pathogens. NOW, THEREFORE, BE IT March 1,2011 Southold Town Board Meeting Minutes Page 5 RESOLVED that the Town Board of the Town of Southold hereby adopts the Town of Southold Exposure Control Plan. [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/NaY Abstai~ Absent El Tabled Wiiii~m R~land VOter ~ El [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisors Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded A!betx ~pski J?: ~ec°nder [] [] [] [] Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scoti Russell Voter [] [3 ~ FI [] No Action Next: Mar 1St 2011 7:30 PM 2011-197 CA TEGOR Y: DEPARTMENT: Ratify Fishers Island Reso. Fishers Island Ferry District Amend Resolution 2010-929; F1FD Resolution RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the following resolution of the Fishers Island Ferry District Board of Commissioners dated February 15,2011, which amends Resolution 2010-929: "Resolved that the Board of Commissioners hereby amend the following bid of Marine Machining to furnish and deliver a 4' X 25'6" propeller shaft, as specified, for the amount of $7,723.00, by including additional freight charges of $92.00, bringing the total purchase amount to $7,815.00." [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled william Ruiand Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt ~si~pher T~ib~t V~ier [] 0 [2 F1 [] Tax Receiver's Appt Albe~ Krupski Jr. !n!tiat~r [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-198 CATEGOR~ DEPARTMENT: Budget Modification Highway Department Rescind #2011-182 Highway Budget Modification March 1,2011 Southold Town Board Meeting Minutes Page 6 Fiscal Impact: Duplicate resolution RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution 2011- 182, adopted at the February 15, 2011 regular meeting in its entirety, as it is a duplicate resolution, which read as follows: 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 ~ Adopted [] Adopted as Amended [] Defeated yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vih~ ~i~i,~ Voter [] [] n n [] Supervisor's Appt ~hrist0pber Talbot Seconder ~ [] [] ~ [] Tax Receiver's Appt A!b~ ~p~k! J[, Vo~er ~ [2] ~ [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-199 CATEGORY: DEPARTMENT: Budget Modification Fishers Island Ferry District FIFD 2010 Budget Modification Fiscal Impact: To cover overextended line items in the 2010 budget RESOLVED that the Town Board of the Town of Southold hereby increases the 2010 Fishers Island Ferry, District budget as follows: REVENUES: SM.1760.10 Ferry Ops, Freight Freight Revenue Total EXPENDITURES: SM 1980.4.000.000 $145,025 $145,025 MTA Payroll tax $200 Payroll increase Page 7 March 1, 2011 Southold Town Board Meeting Minutes SM 5709.2.000.200 SM 5710.1.000.000 SM 5710.2.000.000 SM 5710.2.000.100 SM 5710.2.000.200 SM 5710.4.000.000 SM 5710.4.000.200 SM 5710.4.000.300 SM 5710.4.000.500 SM 5710.4.000.600 SM 5710.4.000.800 SM 5712.4.000.000 SM 5713.4.000.000 SM 9710.7.000.000 Repairs Dock/Terminals 200 Roof replacement Personal Services 39,300 Additional payroll Ferry Repairs 2,000 Both Vessels Ferry Repairs 31,800 MU Dry-dock Ferry Repairs 23,500 RP Shaft repair Ferry Operations 2,850 Drug tests Utilities, Fishers Isl 850 Drug tests Fuel Oil, Vessels 42,000 Price Increase Computer Ops 1,050 Software adjustments Janitorial supplies 50 Additional supplies Uniforms 750 Additional uniforms Commissioner fees 100 Additional meetings US Mail 300 Additional contract Bond Interest 75 Additional Interest Total $145,025 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye : No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Ta bot n t a or ~ [] [] [] [] Tax Receiver's Appt ~!b~ ~p~k! ir: Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-200 CA TE GO R Y: DEPARTMENT: Ratify Fishers Island Reso. Fishers Island Ferry District FIFD Resolution Accepting Letter from Lamb & Barnosky, LLP March 1,2011 Southold Town Board Meeting Minutes Page 8 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the following resolution of the Fishers Island Fen2¢ District Board of Commissioners dated February 15, 2011: RESOLVED, that a letter from Lamb & Bamosky, LLP to the Board of Commissioners, dated February 15, 2011 is hereby acknowledged and accepted [] Adopted [] Adopted as Amended [] Defeated Y~S~A~ N0~aY Abstain Abse~ [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt CluiSt0pher Talbot V0ier [] 121 12 O [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. EvansVoter ~ [2] FI [2] [] Town Clerk's Appt Scoa Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-201 CATEGOR~ DEPARTMENT: Committee Appointment Town Clerk Reappoint Elizabeth Cantrell to the Position of Secretary to the $outhold Town Architectural Review Committee RESOLVED that the Town Board of the Town of Southold hereby reappoints Elizabeth Cantrell to the position of Secretary to the Southold Town Architectural Review Committee, 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 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Qi~i Ori~ndo i~i~i~i~r 0 0 FI 0 [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] lax Receiver's Appt Albert ~PSk! Jr. Secgnder [] [] ; [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-202 CA TEGOR Y: Refund DEPARTMENT: Town Clerk Authorize a Refund of $50.00 to McCarthy Management for Duplicate Payment RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $50.00 to McCarthy Management for duplicate payment for Trinchetto's Certificate of March 1,2011 Southold Town Board Meeting Minutes Page 9 Occupancy, as recommended by the Building Department. [] Adopted [] Defeated yes/~ye No/Nay Abstain Absent [] Supervisor's Appt Christopher Talbot VP!~ [] [] [] [] [] Tax Receiver's Appt ~!b~ ~p~! Jr in!~!a~[ [3 [3 [3 [3 2011-203 CA TEGOR Y: DEPARTMENT: Employment - Town Accounting Appoint Donald H. Laskey III AEO RESOLVED that the Town Board of the Town of Southold hereby appoints Donald H. Laskey III to the position of an Automotive Equipment Operator for the Highway Department, effective March 3,2011, at a rate of $22.2433 p~r hour. [] Adopted [] Adopted as Amended [] Defeated y~s/Ay~ Ng~y ~b~t~!n Ab~ [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] : [] [] [] Supervisor's Appt ~fiS~opher Talbo~ SecOnder [] [] [] El [] Tax Receiver's Appt ~!beft ~PSk! Jr: ¥0ter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Sco~ Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-204 CA TEGOR Y: DEPARTMENT: Employment - Town Accounting Approval to Transfer Kristy Winser to Babylon RESOLVED that the Town Board of the Town of Southold hereby grants approval to transfer Kristy. M. Winser~ Site Plan Reviewer~ from the Town of Southold's employ to the Town of Babylon's employ~ effective at the close of business March 4, 2011. March 1,2011 Southold Town Board Meeting Minutes Page 10 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye NoH~aY Abstain Absent [] Tabled William Ruland Voter I~ [] [] [] [] Withdrawn Vincent Orlando Voter [] Supervisor's Appt Cluistopher Talbot ln!iia~0r [] Tax Receiver's Appt ~!~ ~p~k! Jr: y0!er El [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Sco~t Russell Voter El [] [] [] [] Supt Hgwys Appt [] No Action 2011-205 CA TEGOR Y: DEPARTMENT: Employment - Town Accounting Accepts the Resignation of Tamara Arzt RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Tamara Arzt from the position of Planner in the Planning Department effective March 4, 2011. [] Adopted [] Adopted as Amended [] Defeated ~S(Ayq ~p~Nay Ab~tai9 [] Tabled William Ruland Initiator El [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] Supervisor's Appt C~Si~pher Talbot Voter [] [3 [] Ta~ Receiver's Appt 6!b~ ~p~J,-. yp~er ~ [] [] [] [] Rescinded Louisa P. Evans Voter [] [3 [] [] [] Town Clerk's Appt Sc0tt RUss~ii voter ~ El [] [] [] [] Supt Hgwys Appt [] No Action 2011-206 CA TEGOR Y: DEPARTMENT: Close/Usc Town Roads Town Clerk Grant Permission to the Mattituck Chamber of Commerce to Hold Its Annual Mattituck Street Fair Fiscal Impact: Total Department Cost for Event = $293.40 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Mattituck Chamber of Commerce to hold its Annual Mattituck Street Fair and to close down Love Lane and Pike Street~ east and west of Love Lane~ Mattituck on Saturday July 9~ 2010 from 8:00 AM to 4:30 PM provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; notify Capt. Flatley, upon notification of the approval of this resolution, to coordinate traffic control; submit a permit fee of$100; a remuneration fee of $293.40; and a clean up deposit of $250. Support is March 1,2011 Page 11 Southold Town Board Meeting Minutes for this year only, as the Southold Town Board continues to evaluate the use of town roads. [] Adopted [] Adopted as Amended [] Defeated yes/~y~ No/Nay Abstain Absent William Ruland Voter I~ [] [] [] [] Tabled [] Withdrawn Vincent Orlando Initiator 1~ [] ~ F1 [] Supervisor's Appt ~St~ber ~ ~i V~ier ~ ~ i ~ [] Tax Receiver's Appt Albert lCaup~ki Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-207 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Acquisition Agreement Lease or Purchase Between the Town of Southold and Canon Business Solutions, Inc., in Connection with the Lease of One (1) Canon IR-3225 Copy Machine for Use by the Recreation Center RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Acquisition Agreement Lease or Purchase between the Town of Southold and Canon Business Solutions~ Inc., in connection with the lease of one (1) Canon IR-3225 copy machine for use by the Recreation Center at a monthly cost of $185.00 for a period of forty-eight (48) months from the date of installation, subject to the approval of the Town Attorney. ~ Vote ReCOrd ,Resolution RES-20H~207 : [] Adopted [] Adopted as Amended [] Defeated yes/A~ N~RiaY Ab~tai~ Absent ~ Wi~dmwn Vinc~t ~l~do S~ond~ ~ ~ ~ ~ ~ Sup~i~s Appt C~stoph~ Talbot Vot~ ~ ~ ~ ~ ~ Tax R~eiv~'s Appt Albm ~pski J[. Initiator ~ ~ ~ ~ 2011-208 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attomey Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement Between the Town of Southold and Cornell Cooperative Extension in Connection with the Eat Smart New York Program for 2011 March 1,2011 Southold Town Board Meeting Minutes Page 12 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and Cornell Cooperative Extension in connection with the Eat Smart New York Program for 2011 wherein Cornell will conduct a series of workshops on food and nutrition to the Human Resource Center staff, at no cost to the Town, subject to the approval of the Town Attorney. [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/NaY Abstain . Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] Fl [] Super~isor's Appt c~st~her ~aibot ~d~ I~ [] [3 [] Tax Receivers Appt ~!b~ ~P~ Jr~ Vot~ ~ [] C] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Sco~t Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-209 CATEGORY: DEPARTMENT: Budget Modification Accounting General Fund 2010 Budget Modification Fiscal Impact: 2/15/11 budget modification did not consider some Ethics Board Secretary overtime was at time and a half RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2010 budget as follows: From: A.1010.1.100.100 To: A. 1010.1.100.200 Town Board, P.S., Regular Earnings Total Town Board, P.S., Overtime (Ethics) Total $30 $30 $30 $3O ~' v0te Record. Resoluti0n RESt20 H;209 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye N0~NaY Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter ~ [] [] [] [] Supervisor's Appt Christopher Talbot Initiator [] [2 [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt ScoR Russell Voter [] Supt Hgwys Appt [] No Action March 1,2011 Southold Town Board Meeting Minutes Page 13 2011-210 CATEGOR~ DEPARTMENT: Budget Modification Accounting 2010 Highway Fund Budget Modification Fiscal Impact: The reason for this budget modification is that these line item(s) need to be increased RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 Highway Fund Part Town budget as follows: From: DB.9010.8.000.000 NYS Retirement, Employee Benefits Total $8,285 $8,285 To~: DB.1980.4.000.000 MTA Payroll Tax $48 DB.9030.8.000.000 Social Security, Employee Benefits 961 DB.9901.9.000.000 Transfers to Health Plan 7,276 Total $8,285 [] Adopted [] Adopted as Amended [] Defeated N0/Na), Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn ~i~ 6;i~; §~;h~ ~ r~ [] [2 [] Supervisors Appt C~St0pher T~lbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter F~ F1 [] [2] [] Rescinded Louisa P. Evans Voter [] [] : [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-211 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement Between the Town of Southold and Carolina Software, Inc. in Connection with an Upgrade to the Landfill Scale Software RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and Carolina Software~ Inc. in connection with an upgrade to the Landf'fll scale software, in the amount of $5,739.00 (budget line item H.8160.2.500.300), subject to the approval of the Town Attorney. Page 14 March 1, 2011 Southold Town Board Meeting Minutes ~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Ab~g~~ [] Tabled William Ruland Voter {~ [] [] [] [] Withdrawn Vincent ~'i~ci~ ln{~i~{~r i~ ~ [] ~ [] Supervisor's Appt Christopher Talbot V~ter [] F1 [] [] [] Tax Receiver's Appt A!b~ ~p~k! J~: ~p~der ~ [] {3 ~ [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell : Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-212 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Recreation Hire Spring Program Instructors Resolved that the Town Board of the Town of Southold authorize and direct Supervisor Scott A. Russell to execute an agreement with the following individuals and businesses 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. Lynda Agrusso (guitar) .............................................. Antoinette Beck-Witt (drawing class) ..................................... Sara Bloom (memoir writing) .................................................... Daniel Borg (model building) ................................................... Thomas Boucher (guitar) ....................................................... Constance Case (quilting) .......................................... Eugenia Cherouski (folk dancing) ......................................... Paula Croteau (cooking & baking) ................................ Lenora Dome (belly dancing) ................................................ Martha Eagle (aerobics/Pilates/yoga/power stretching) ....... East End Insurance Services (defensive driving) ................. Dan Gebbia (dog obedience) ...................................... Denise Gillies (tai chi) ............................................ Gail Horton (rug hooking) ...................................... Denise Magyar (public speaking) ............................... Rosemary Mmtilotta (yoga) ................................................... Judy McCleery (digital photography) ............................ Kate McDowell (tennis) ........................................... Thomas McGunnigle (golf) ........................................ Darren Mignone (hula hoop fitness program) ................. Sue Mulholland (bridge lessons) ................................... Maribeth Mundell (singing program) ............................ Riverside Gymnastics (gymnastics program) .................... Elizabeth Schaeffler (stained glass) ............................... $30/hour $30/hour $30/hour $30/hour $30/hour $30/hour $30/hour $30/hour $30/hour $30/hour $30/person $70/dog $30/hour $30/hour $30/hour $55/class $30/hour $30/hour $50/person $30/hour $30/hour $30/hour $60/person $30/hour March 1,2011 Southold Town Board Meeting Minutes Page 15 Jeffery Scharadin (wilderness training) ............................ Laurie Short (aerobics classes) ................................................. Steve Smith (weight training) ................................................... Gail Starkie (painting with acrylics) ................................ Barbara Terranova (hiking,) ...................................... The Little Red Riding School (Horseback) ...................... Touch Dancing Studios (ballroom dancing) ............................. $30/hour $30/hour $30/hour $30/hour $30/hour $90/person $65/person [] Adopted VI Adopted as Amended [] Defeated Yes/Aye No/N~y ~bstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt , i~i~ber ~ b;~ ~;i~ F~ ~ FI r'l [] Tax Receiver's Appt Albert Kmpski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scoit Russell Voter ~ F1 [3 FI [] Supt Hgwys Appt [] No Action 2011-213 CATEGOR~ DEPARTMEN~ Close/Use Town Roads Town Clerk Waive Parking Regs for Salty Flyrodders RESOLVED that the Town Board of the Town of Southold hereby grants permission to Saltw FIyrodders of New York to park vehicles of participating fishermen~ to use town beaches on June 10, 2011 through June 12, 2011 day and night for the purpose of fly fishing, and these vehicles shall be exempt from Southold Town parking fees for those days provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and provided the cars display a club card and the applicant contact Captain Martin Flatley of the Southold Police Department with a sample of cards and instructions for proper placement of the cards. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. [] Adopted [] Adopted as Amended [] Defeated Y~s/~y~ ~y ~b~i~ Absent [] Tabled William Ruland Voter 1:3 [] [] [] [] Withdrawn vincent Orlando Voter [] FI [] [] [] Supervisor's Appt elm~'topher Talb0,t Seconder [] [] [3 FI [] Tax ~eceiver's Appt A!~~ ~p~k! Jr, Vgter ~ [] ~ [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-214 CATEGORY: Contracts, Lease & Agreements March 1, 2011 Southold Town Board Meeting Minutes. Page 16 DEPARTMENT: Accounting Deferred Compensation Loans and Roth IRA RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the necessary administrative services a~reement and other related documents to provide a Participant Loan and a Roth IRA component to the Town of Southold's Deferred Compensation Plan, administered by Hartford Life Insurance Company, all in accordance with the approval of the Town Attomey. [] Adopted [] Adopted as Amended lq Defe~ted , Yes/Axe No/Na~~ Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisors Appt C~s~ppber Ta!bot Initiator [] [] [] [] [] Tax Receiver's Appt Albea Ktupski Jr, Voter [] [] [] [] [] RescMded Louisa P, Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] 1~ [] [] Supt Hgwys Appt [] No Action 2011-215 CATEGORY: DEPARTMENT: Budget Modification Public Works Budget Modification - DPW Fiscal Impact: Adjustment of over expended budget lines in the 2010 General Fund Whole Town Budget for DPW RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Whole Town budget as follows: From: A. 1620.4.400.100 A. 1620.4.400.700 To: A. 1620.4.200.200 A. 1620.4.600.700 A.3310.4.200.200 A.5182.4.100.550 Building & Grounds, Bldg Maint/Repairs Building & Grounds, Building Rentals Total $ 3,000 8,815 $11,815 Utilities, Light & Power $11,462 Miscellaneous, Licenses/Permits 340 Traffic Control, Light & Power 12 Street Lighting, Street Light Parts/Supplies 1 Total $11,815 March 1,2011 Southold Town Board Meeting Minutes Page 17 [] Adopted [] Adopted as Amended [3 Tabled William Ruland Initiator [] [] [] [3 [] Withdrawn Vincent Orlando Seconder gl [] [] [] [] Supe~visor's Appt qhfist0pher T~ib0t Q~ter [] [] 71 [] [] Tax Receiver's Appt A!bm K~p~k! Jr: Vp~er ~ El 13 [3 [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] I~ [] [] [] Supt Hgwys Appt [] No Action 2011-216 CATEGORY: Authorize to Bid DEPARTMENT: Town Clerk Re-Advertise for Lubricant Bid WHEREAS the Town Clerk advertised for the 2011 Lubricant bid, and WHEREAS only one bid was received, the Town Board has decided to reject the bid received, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to re-advertise for bids for supplying Lubricants for the 2011 calendar year. Vote Record. Re~oluti0n RES-2011~216 [] Adopted [] Adopted as Amended [] Defeated Y~s/Aye N0~Y Ab~tai9 Ab~e~ [] Tabled William P, uland Voter [] [] [] [] [] Withdrawn Vincent Orlando initiator [] [] [] [] [] Supervisor's Appt christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [3 [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 216 COUNCILMAN RULAND: I want to make a point to that. I was involved in that and I forgot to apprise you of that but there was a second bidder and what happened to his bid packet, it never got to the Town of Southold. But that second firm very much wants to bid and I didn't think that for the two weeks that it would take to re-bid it, I think would be in the best interest of the Town rather than to have the single supplier. COUNC !LM?~N K~U!~ ~ K~;. [.ag~'e~: Thank YPU: 2011-217 CA TEGOR Y: DEPARTMENT: Budget Modification Solid Waste Management District March 1,2011 Southold Town Board Meeting Minutes Page 18 Budget Mod - Grinder Oil Pan Fiscal Impact: Increases grinder contractual repairs line to cover cost to replace engine oil pan. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 Solid Waste Management District budget as follows: From: SR 8160.4.100.596 CBI Grinder MainffSupply To: SR 8160.4.400.665 CBI Grinder Contractual Repairs $ 4,000 $ 4,000 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Absta n Absent [] Tabled William Ruland Voter [] [] [] [] [3 Withdrawn Vincent Orlando Seconder IEI [] [] [] [] Supervisor's Appt Chrisi0~her T~ib~i ~er El [] [] [] [] 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 2011-218 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Stipulation of Settlement and Any Other Documents Between the Town of Southold and I'EI-LM. Plumbing & Heating Contractors, Inc. RESOLVED that the Town Board Of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to pay the sum of $9,000.00 in full settlement of the Notice of Claim filed by W.H.M. Plumbing & Heating Contractors, Inc. in connection with additional work performed at the Town's Animal Shelter; and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Stipulation of Settlement and any other documents between the Town of Southold and W.H.M. Plumbing & Heating Contractors~ Inc. in connection with this settlement, subject to the approval of the Town Attorney. March 1, 2011 Page 19 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended [] Defeated yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter ~ [] Fl 13 [] Supervisot's Appt Christopher Talbot Seconder [] El ~ F1 V1 Tax Receiver's Appt Albert Kmpski Jr- V9~ ~ ~ [] ~ [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-219 CATEGORY: DEPARTMENT: Advertise Town Clerk Advertise for Resumes to Fill Vacancies on Various Committees RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes to fill vacancies on various committees. [] Adopted [] Adopted as Amended [] Defeated ~s~AY~ Np~y Ab~tai~ Aborn~ [] Tabled William P, uiand Seconder [] [] [] [] [] Withdrawn Vincent OrIando Voter [] [] [] [] [] Supervisor's Appt ~${opher Taib0t Initiator [] [] [] [] [] Tax Receiver's Appt A!b~ ~PSk! J[: ~Pter ~ [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-220 CA TEGOR Y: DEPARTMENT: Consulting Town Attorney EE Supervisors Advisory Group WHEREAS, it has been proposed that the East End Supervisors form an Advisory Group to assist in developing a regional approach to reduce the impact of helicopter noise on East End residents; and WHEREAS, the Advisory Group shall consist of one representative designated by the Supervisor of each participating Town and managers of East End Airports; and WHEREAS, each representative shall be responsible for keeping his/her Supervisor informed of the Group's work and providing feedback from the Supervisor to the Group and representatives shall also function as intermediaries for local community groups who may be impacted by helicopter noise; and March 1, 2011 Southold Town Board Meeting Minutes Page 20 WHEREAS, the initial participants will be the four East End Towns that signed the June 2010 response to the proposed FAA regulation 2010-0302; and WHEREAS, the purpose of the Group is to advise participating Supervisors on means to minimize and equitably distribute the impact of helicopter noise on East End residents, consistent with the four East End Town's response to the proposed FAA regulation 2010-0302. NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell, or his designee, to ioin and participate as the Town of Southold representative to the Multi-Town Helicopter Noise Advisory Group; and be it further RESOLVED that the Town Board authorizes Supervisor Scott A. Russell to request the involvement and assistance of the East End Transportation Commission in addressing the issue of helicopter noise. [] Adopted [] Adopted as Amended [] Defeated Ye~/Aye No/Nay Abstain Absent [] Tabled William R~land Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] Tax Receiver's Appt ~b~ K~p~k! ~r: Vp~er [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Vo~er [] [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 220 SUPERVISOR RUSSELL: Let me just clarify, there has been a lot of public discussion and media coverage of recent legislation that Senator Schumer successfully passed, at least at the Senate House in Washington, what that essentially does is it doesn't resolve the noise from helicopters issue but it does put the responsibility to the FAA to solve that issue. He has given them one year to come up with a plan that mitigates the noise from helicopters. This particular advisory panel is similar to what we have had for the past year. The idea is that all towns should be represented in equitably distributing the noise of helicopters coming out essentially to south fork locations. This just furthers that. I think the recent editorial in the paper had it quite right. There is plenty of work ahead before we get relief from this particular problem. Closing Statements Supervisor Russell SUPERVISOR RUSSELL: With that being said, anybody is welcome to comment on any issue before the Town Board. Any issue of any kind. John Brady, East Marion JOHN BRADY: John Brady of East Marion. Is there any news on the animal shelter? March 1,2011 Page 21 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Contract discussions are progressing, I suppose. I will defer to the attorney on that. TOWN ATTORNEY FINNEGAN: Yes, they are. SUPERVISOR RUSSELL: Anybody else? Benja Schwartz, Cutchogue BENJA SCHWARTZ: Good evening, afternoon. Benja Schwartz, Cutchogue. You are lucky today. I forgot my laptop so I had some notes. To start by thanking the Supervisor and the Town Board but I think it was the Supervisor's idea. The mobile town board meetings. COUNCILMAN ORLANDO: Yes. MR. SCHWARTZ: And I hope that we will have a good attendance next board meeting in two weeks being in Mattituck at the supermarket, right? SUPERVISOR RUSSELL: No, the Human Resource Center. MR. SCHWARTZ: The Human Resource Center. Everybody else thinks human resources are employee stuff. In Southold we use that for the senior services center, so I guess people know where that is. I really am sincerely grateful that you are getting out from behind the podium here and taking another, a little different look at the Town of Southold. I think it is a very healthy and positive thing to do. And I would just like to congratulate you on that. I hope a lot of people will come to the Human Resource Center and join us for the town board meeting in two weeks. Has this thing ever been used? COUNCILMAN ORLANDO: Yes. SUPERVISOR RUSSELL: Yes. At work session, particularly during bad weather when the ferry wasn't running and Councilwoman Evans was linked right there. JUSTICE EVANS: And we are hoping to use it more. We have to learn how to use it, get more people to learn how to use it. COUNCILMAN KRUPSKI: Hopefully the people from ... JUSTICE EVANS: Hopefully for the state of the town on Thursday night. SUPERVISOR RUSSELL: Well, I don't imagine that is on anybody's wish list on Fishers Island but we hope to have it up and running. The state of the town address. The operation on the Island side now is making the process a little bit slow. MR. SCHWARTZ: So there has to be someone there on the Island to turn it on and there is nobody really interested in watching us. Page 22 March 1,2011 Southold Town Board Meeting Minutes JUSTICE EVANS: I don't think people are aware of it quite yet. As we said, we need to teach more people how to run it, too. MR. SCHWARTZ: Since we have got the equipment, it might be interesting to just you know, mn it over there so even if you are here, Louisa, the other people could .... SUPERVISOR RUSSELL: Well, that is what we intend on doing. We are also expanding it to include other jurisdictional boards such as the Zoning Board of Appeals. We are setting up equipment down at the annex, so that their work sessions and deliberations etc can be part of the process. There are, you know, representatives from Fishers Island on those boards. JUSTICE EVANS: And then if someone has an application before those boards and can't get over, too. They can still participate in the meetings. MR. SCHWARTZ: Do you also have plans to utilize this equipment for other purposes? JUSTICE EVANS: For Fishers Island or for the town? COUNCILMAN KRUPSKI: Well, the main purpose is to link Fishers Island with us a little more effectively. SUPERVISOR RUSSELL: The Trustees use this, I know, for public heatings on specific properties. MR. SCHWARTZ: Overhead projector, right? No. Overhead projector is with the paper. This is digital projector. SUPERVISOR RUSSELL: Right. MR. SCHWARTZ: Well, I was a little disappointed this morning that you weren't using it when you were discussing websites but I hope that you might start using it during the town board meetings, at least the work sessions so that everybody could be on the same page and look at documents and people from the audience could see the documents as well as the members of the board. Have you considered that yet? SUPERVISOR RUSSELL: No. MR. SCHWARTZ: Would you consider that? SUPERVISOR RUSSELL: We will take it under advisement. MR. SCHWARTZ: Speaking of technology, I don't think the Town Clerk understands the difference between a VCR video tape and a digital file on a computer. For the past couple of years, I have been trying to get hold of one of the files of the videos of the Town Board March 1, 2011 Southold Town Board Meeting Minutes Page 23 meetings, not that I don't love coming here in person but I don't know if I need to discuss the reasons that I would like that file. I think if you know anything about computers and technology, you would understand that there is a very, that it enables a person to view these meetings in a different way and in many ways, a better way. SUPERVISOR RUSSELL: I know, look, you took a shot at the Town Clerk who is probably the template when it comes to open meetings law and freedom of information, she is probably .... MR. SCHWARTZ: I have been working with the Town Clerk for years and I appreciate that she has been very helpful on many issues but on this issue she has been dragging her feet .... SUPERVISOR RUSSELL: No, she hasn't. She got a very prompt answer from Bob Freeman, open meetings law. You got an answer, you don't like the answer but the answer is no. we don't have to produce things in formats, this isn't capital records where we get to produce things in formats you want. COUNCILMAN TALBOT: From what I know of it, you wanted a hard copy of one of the board meetings which is available on TV multiple times a day. You can go on your computer which you have all the time except for today and view it 24 hours a day, 365 days a year. MR. SCHWARTZ: You really want me to explain .... COUNCILMAN TALBOT: Because that is not apparently good enough for you, you wanted something that you could view someone's face more clearly. I just, I don't get, from what I know of it, I don't understand what you are looking for. And I heard Mr. Freeman's .... MR. SCHWARTZ: Can I answer? COUNCILMAN TALBOT: Yes, when I am done. His response, that we are providing the information for you and she has given you multiple times to see it, to get it, to view it, to do anything else you want with it. So what exactly are you looking for, if that is not it? MR. SCHWARTZ: Well, for example, when the first, when the meetings were first digital video'd and posted on line, the technology permitted me to click on the screen and then slow down the playback, so then instead of Scott Russell talking like this and then telling me things that I didn't understand very quickly and I couldn't follow him, he was talking in a more normal pace tone of voice and I could follow it and I could understand it. COUNCILMAN TALBOT: In reverse? MR. SCHWARTZ: No, half speed. But about a couple of months ago, they upgraded the technology to a new technology which is nice and clear, but it doesn't allow you to change the speed. COUNCILMAN TALBOT: But you can click on it and go back to the position where it was. March 1,2011 Southold Town Board Meeting Minutes Page 24 MR. SCHWARTZ: That is just one example. I tried that. We had a two hour meeting, it was called an informational meeting and public heating on solid waste. The informational part of that meeting was compressed into less than two minutes, I am being, I am exaggerating a little. The Supervisor spoke for less than two minutes. The representative from the DEC spoke for another three. The informational meeting was less than five minutes. The rest of the meeting was the public heating. I wanted to understand what information the town was providing to us and what the town was saying. I tried to, because we are talking about just a two minute span, you know, the technology at least as far as my computers and I tried several computers and I expanded the window to take the full screen, I still could not precisely go back for 60 seconds or a minute. I had to go back 10 minutes every time and watch the Pledge of Allegiance every time that I wanted to replay what the supervisor said. But that is not the point, the point is that the law says that I am entitled to that, I am going to read you the law. This is not a .... SUPERVISOR RUSSELL: I would strongly recommend if you think, you got an answer from the Town Clerk, you got an answer from this Town Board. You got an answer from the guru of freedom of information law, Robert Freeman of the State of New York. If you are not happy with the answer, then you should proceed to a legal action because the answer is not going to change. MR. SCHWARTZ: Oh, boy. The answer is not going to change, so you don't want to hear, that is the answer I have been getting all along from this town. For two years I have been trying to talk about this issue to the clerk. Today I spoke with the technical department, the IT department and he finally said that he understood what I was saying and what I wanted and needed and he could give it to me but then the Town Clerk went to talk to him and then all of a sudden she says that he did not know, or something, I don't know. Would you like to speak for yourself?. I don't want to put... TOWN CLERK NEVILLE: Whatever he told you .... MR. SCHWARTZ: He told me that he knows where the computer file is that I want and how to copy it. TOWN CLERK NEVILLE: He doesn't want to compromise the security of our hard drive and our systems. MR. SCHWARTZ: It is not a compromise... SUPERVISOR RUSSELL: You have access to all of the information that you asked for, if you need to download it .... MR. SCHWARTZ: I would like to read you the Freedom of Information law, the New York State public officers law article 6, the relevant section is section 87 access to agency records. An agency shall provide records on the medium requested by a person if the agency can reasonably make such copies or have such copy made by engaging an outside professional service. Now in March 1,2011 Southold Town Board Meeting Minutes Page 25 this case, this agency can reasonably make such copy. That is what I am asking for. What the law requires. SUPERVISOR RUSSELL: But you are already given the information. It is available on a link, you can go through your home computer. MR. SCHWARTZ: No, not the media requested by a person. SUPERVISOR RUSSELL: Download it. Bum your own DVD. MR. SCHWARTZ: That is not the same media. The media, okay .... COUNCILMAN TALBOT: What exactly are you looking for because when .... MR. SCHWARTZ: Can you read this? Can you read this? COUNCILMAN TALBOT: Inaudible. That responds when you first asked the question was about something in the distant past and then you just brought up the garbage meeting which took place four days ago, so you don't even have the exact piece of information that you want. Is it a particular meeting you are looking for? MR. SCHWARTZ: First of all, I am looking to investigate what the, years ago, you know, when I started with this I asked for one or more of the meetings just to see how it works. I am not 100 percent sure what the file format is and all, it doesn't matter. I thought I would give it a try and then I could leam something. But I am being prevented from doing this. My most recent, probably my second or third FOIL request for this relates to the file of the Town Board meeting where the discussion about the animal shelter took place. There was a lot of things said in that meeting, you think that because you were there that you can remember everything that everyone said, so having a video of that and having easy access to that is very important .... SUPERVISOR RUSSELL: You have easy access. You have easy access right from your home computer. You can go on and watch that meeting until the cows come home. MR. SCHWARTZ: And I can kiss my girlfriend through the window, too. JUSTICE EVANS: You can also get a copy of the minutes. TOWN CLERK NEVILLE: The minutes are now posted up on the web. SUPERVISOR RUSSELL: Everything is... MR. SCHWARTZ: Minutes do not contain everything that everybody says at the meeting... TOWN CLERK NEVILLE: Oh, yes they do. Unless the person stood up in the middle without going to the microphone... March 1,2011 Southold Town Board Meeting Minutes Page 26 MR. SCHWARTZ: You obviously don't want to give me this file. SUPERVISOR RUSSELL: You have all the information that is requested. You have it in video format, you have hard copy minutes, you have everything you need. MR. SCHWARTZ: Inaudible. COUNCILMAN KRUPSKI: The Town Clerk has given you an answer and we have every confidence in her to give you the legal answer. MR. SCHWARTZ: No but the, the legal answer, excuse me, do you understand the legal procedure here? COUNCILMAN KRUPSKI: Yes, absolutely. COUNCILMAN TALBOT: If we are wrong on something, I think you referred before to Robert Freeman from Freedom of Information, who runs it for the state, I think you have quoted him at times. Well, I was in the room when he said you were wrong and we were right. MR. SCHWARTZ: You might have asked him a leading question. I was on the phone with him when I asked him about this issue and he first told me he didn't understand what I was talking about. I had to explain to him about the computer, the different formats that were available. COUNCILMAN TALBOT: I don't understand any more what you are looking for. MR. SCHWARTZ: The law is in plain English. COUNCILMAN TALBOT: You want a copy of the video tape. You have the ability to do it but that is not good enough for you. SUPERVISOR RUSSELL: Right. MR. SCHWARTZ: No, I don't want a tape. TOWN ATTORNEY FINNEGAN: The intent of the law is to make information available to you, it is not to make it in the format that you deem the most convenient to view. The fact that you want to view something in slow motion does not mean the town has to provide that to you. The information is readily available to you in six different media, okay?. MR. SCHWARTZ: Who is going to settle this issue? TOWN ATTORNEY FINNEGAN: It has already been settled. You already have an opinion from Robert Freeman on the issue. March 1, 2011 Southold Town Board Meeting Minutes Page 27 SUPERVISOR RUSSELL: Can't you, if you can't download this information .... TOWN ATTORNEY FINNEGAN: Inaudible, and we will respond accordingly. MR. SCHWARTZ: Okay, so now that the Town Clerk has denied my request, the next step is an appeal. Which I am filing. So you have 30 days to respond to the appeal. If I don't like the answer, then I have one more, well, my next step ifI so choose to exercise it .... TOWN ATTORNEY FINNEGAN: File an article 78 with the Supreme Court. MR. SCHWARTZ: Is to file a lawsuit against the town. See, I don't want to do that. I am trying to avoid that. SUPERVISOR RUSSELL: Then why don't you go and hire someone that can help you download it from your home? Maybe someone with technological savvy that could help you so that you can manipulate .... MR. SCHWARTZ: I know how to do it. SUPERVISOR RUSSELL: Okay. MR. SCHWARTZ: And I know... COUNCILMAN TALBOT: Thank you for saying that. MR. SCHWARTZ: I am sorry? COUNCILMAN TALBOT: Thank you for saying that. MR. SCHWARTZ: I know that it can't be done. No matter how savvy you are, once you, when you download it off the internet, it is streamed in a low quality, low resolution format. You don't get the same thing as you get when you get the original file and the amount of time that it would take the town to provide what is legally required, rather than make this an issue that we are going to have appeals and possible litigation, I don't understand why the town wants to put itself in this position. SUPERVISOR RUSSELL: The town has already provided you with all the information you have asked for. That .... MR. SCHWARTZ: Not the format that I am asking for. You know, it is like, could you read this here? Could you read that to me? SUPERVISOR RUSSELL: Inaudible. MR. SCHWARTZ: No. But all the information is here, you know? March 1,2011 Page 28 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: This is getting to be argumentative and specious and counterproductive. MR. SCHWARTZ: I have filed my appeal. SUPERVISOR RUSSELL: Asked and answered. Do you have any new issues tonight? MR. SCHWARTZ: Well, I probably shouldn't but let's see. Two things. I have a question first. The request for proposals, the animal shelter, I wasn't there but was it, could you tell us, is there any response? TOWN CLERK NEVILLE: Benja, you filed a FOIL request and I answered you by email and said we received one from NFAWL. I got a receipt back that you received it. Did you receive that? MR. SCHWARTZ: I did but I would just like to know when you, if you received any, I, okay, so that... TOWN CLERK NEVILLE: That was the only one. SUPERVISOR RUSSELL: Another question asked and answered. MR. SCHWARTZ: The email wasn't clear. TOWN CLERK NEVILLE: Wasn't clear? MR. SCHWARTZ: No, it, okay, so there was one response from the animal welfare league, so the request for proposals was unsuccessful in finding an alternative service provider to the town. SUPERVISOR RUSSELL: That was factually incorrect. It was successful in determining what options are available for the town board. That was the goal of the RFP as I repeated over and over again that evening. The intent of this board is to make sure it knows all of its available options. IfNFAWL is the only bidder, then that would presume they are the option. MR. SCHWARTZ: This says here that the bids were opened on, would be opened... SUPERVISOR RUSSELL: They are not bids, they are proposals. MR. SCHWARTZ: The proposals, would be opened Monday morning at 11:00 in a public, public opening of proposals, is that when the bids were opened? Or the bid, the one bid, the one proposal was opened. Was it opened at 11:00 on Monday morning? TOWN CLERK NEVILLE: No, it was opened actually, Benja, at 10:30. When we get the specifications from a department we advertise, it said received by 4:00 PM Friday February 25. March 1,2011 Southold Town Board Meeting Minutes Page 29 That is what we put in the legal notice. Further in the document, which we don't go in to read the specs that are given to us to be prepared, on page, I am not sure, 3, 4, 5, it said that. And I have never seen a request for proposals or bid that got advertise to submit by a certain time and a certain date and got opened at another time. I don't know where that came from. SUPERVISOR RUSSELL: That is more ofa... TOWN CLERK NEVILLE: It was opened earlier (inaudible) SUPERVISOR RUSSELL: An incidental issue. We got one participant. MR. SCHWARTZ: You could call it a procedural issue but the point is that in the future, I think there is a standard practice with request for proposals that the proposals be opened in front of the public, in a public open meeting and that was not done. SUPERVISOR RUSSELL: This wasn't a formal bid, that is how we treat formal bids. This was not a formal bid, it was a request for proposals. MR. SCHWARTZ: Well, that is the way request for proposals are required to be treated by law. They are required to be opened in a public, that is the way I have always understood it. TOWN CLERK NEVILLE: It was opened at my counter, the Town Clerk's counter, with my staff surrounded when it was opened. MR. SCHWARTZ: Okay. Supervisor Russell, you have stated several times in different contexts that Southold Town intends to step up its promotion of recycling and .... SUPERVISOR RUSSELL: You have raised that issue and you are right. I agree with you. We have gotten lax. MR. SCHWARTZ: Could you please inform us on what steps you intend to take. SUPERVISOR RUSSELL: I would like to find someone that would work on behalf of a small town organized committee, to go out and promote with schools, go out and promote with businesses, go out and promote with residential community associations, that is what I envision. Creating a budget, a separate budget that would include educational materials, etc., but any, just like stormwater mitigation we are at that point where we need to get a recycling master plan, if you will, on the table and that is what a small group that I will be working with in town government, that we will determine over the next few weeks. We have a recycling coordinators position, I have some people in mind that would be good there, although they would have to agree to do it for free because we don't have money to pay them. And there are some people that just might be willing to do that. MR. SCHWARTZ: So how are you, have you, are you going to put out a notice that there is a position open or? March 1, 2011 Page 30 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: I don't know that we even have a position, that would be something I will have to take up with the board. Again, we have a small internal working group that will determine whether we need to fill that position or whether we ..... MR. SCHWARTZ: Well, my problem is that again, this town is dragging its feet and I think it is costing the taxpayers money and it is costing the environment money, too. COUNCILMAN TALBOT: As far as recyclables go? MR. SCHWARTZ: For example, the town of Brookhaven and I am glad you had a meeting here the other day here in Town Hall and you presented certain information. There was not enough information to make certain, in Brookhaven and I am glad that I don't live in Brookhaven but they have a campaign they are doing there fight now called curby, their poster says protect the environment in small letters and then it says save money, too. And it explains that somebody there has calculated that if they can increase their rate of recycling by 5 %, they can avoid $1,000,000 in disposal costs and make $500,000 in selling the recyclables. I don't know where they got those figures, I am sure Southold's figures are much less but that highlights that $1.5 million and with a 5% increase, you know, we got information at the meeting on how much was recycled last year but I don't know why the solid waste district can't provide easily publicly available information on how much has been recycled every year since .... SUPERVISOR RUSSELL: They can. He is a stickler for keeping excellent records. I did not ask him for that information that evening. That evening was a meeting designed to address the growing public issue of a carter operating in the town who advertises that if you solicit him, you won't have to recycle anymore because he will do it for you. And it was to discuss that issue. It wasn't a meeting to discuss the solid waste district or the history of recycling in Southold Town, it was a specific meeting with specific goals. The information was geared towards that specific information. COUNCILMAN KRUPSKI: And actually, a lot of people in town do know that you can take advantage of the town's facility to recycle cardboard, paper, plastic, cans, now metal, for at least two months out of the year you can bring your brush down for free and your fluorescent light bulbs, your batteries, this can all be recycled free of charge in the town. It is unlikely that people would be that carefree or careless, that they wouldn't bring these items down for free, I mean instead of trying to put them in a bag and have them shipped to out of state somewhere. So I would hope that most people would take advantage of that. MR. SCHWARTZ: Do you know which plastics we can recycle now? COUNCILMAN KRUPSKI: Which plastics? MR. SCHWARTZ: Do you know? COUNCILMAN TALBOT: No but I bet you Jim Bunchuk does. March 1,2011 Southold Town Board Meeting Minutes Page 31 MR. SCHWARTZ: Yeah he does and I know because I talk to him. But just because I talk to him but recently there has been a change in acceptable plastics and now we can accept plastics numbered 1 through 7, so pretty much any plastics. That is not all but .... COUNCILMAN KRUPSKI: but the Supervisor is right, we need to keep the message out there about how the town functions. MR. SCHWARTZ: Well, I have been asking for that for years but you are going to start doing it now, good. The failure to recycle, with all due respect there is a history in Southold town of Southold looking the other way and I hope it continues to look the other way when you know, grandma and grandpa go to the dump and there are a couple of recyclables in their trash bag. That is not going to kill anybody. However, we probably should do something about commercial carters that have been telling people that they can put recyclables in the dumpsters. But that is different from this business that comes into town and advertises with a full page ad, you don't have to recycle, I will do it for you. There is no company in the world that recycles out of the garbage can. There is single stream recycling that mixes all the recyclables together and then re-separates them but nobody mixes it all in the one go green can, who no honest company, you know, it is impossible probably to do it that way. It is certainly impractical and uneconomical. So then you said that we have got some kind of enforcement action? Can we find out what .... SUPERVISOR RUSSELL: I am not going to discuss pending actions in a public setting. MR. SCHWARTZ: Well, what you have said so far implies that you are doing something about the fact that he is not recycling, that there is some kind of a legal process has been instituted against him for not recycling but you have also implied that you are meeting him halfway and not going after him for not using yellow bags. SUPERVISOR RUSSELL: The thing is that the town code requires but it is really unclear to me, I have actually been conversing with a gentleman who I think has a point, if you read the town solid waste management plan in its entirety, it refers to the town transfer station and then all of the information below that, that requires the use of the yellow bag. I think the compelling argument could be made that that does not apply to companies that take garbage out of town and do not use the transfer station. Bill Ruland very succinctly today pointed out that when the legislation was created in 1993, you didn't have many options, so there was probably a presumption that everybody was using the transfer station at the time. That is not the case anymore and I do think that the town ought to be willing to tell people, if you are taking the garbage somewhere else, what difference does it make what bag it is in. It is a user fee, that is the intent... MR. SCHWARTZ: If it is not illegal then I certainly don't think it should prosecute anybody for something that is not illegal. SUPERVISOR RUSSELL: And we have never raised the issue. I think that was a misnomer March 1,2011 Southold Town Board Meeting Minutes Page 32 that was perpetuated by the vendor because he went after the yellow bags which are very unpopular. We understand that. But our issue, the whole time, had been on the recycling components, curbside separation is required by state law. COUNCILMAN ORLANDO: I believe he said at the end of that forum, he was going to hand out extra containers for his people to recycle. I thought he said that right at the end. SUPERVISOR RUSSELL: Well, I am not sure if it is going to end up in the same track anyway. But we will find out. MR. SCHWARTZ: He is still advertising that he is doing the separating for you. So the point is that people are saying, people have said that we have to enforce the law fairly. Singling him out is not unfair, he is in a completely different situation then any other carter and any other individual in town, he is the only one that is sticking his nose out saying look at me, join me, we don't have to recycle or I will do the recycling the other way. So I think that he should be, that he should not be met halfway, that he should be prosecuted fully to the fullest extent of the law. SUPERVISOR RUSSELL: The issue of meeting him halfway was in respect to yellow bags only. Not on recycling. We have a non-negotiable stance on that. MR. SCHWARTZ: Well, I think we should just enforce the law 100 % against somebody, if he came in and said he wanted to change the law it would be different. I would like to finish up, I would just like to say there has been a lot of discussion on comment boards underneath the newspapers online edition, there was a lot of questions in the one comment board on what the law is and some people copied and pasted part of the law into the comments and it was very confusing. I couldn't understand why anybody didn't just point out that the town has a town code website. It is not on the town website but there is a link from the town website, all the laws of the town are on there and it is not that difficult to find, I think it is chapter 233 ifI am correct. SUPERVISOR RUSSELL: I agree, it is not difficult to find. I think the more pressing issue was the state law, the general municipal law of the State of New York, 120 A A. and that was what I would reference when I would try to explain why we are in the position we are in, is the town didn't ask to be here. By state law, we are required to enforce recycling, curbside recycling. MR. SCHWARTZ: Well, along with the public heating and the public information, maybe we could have posted a copy of that state law on the town website. Anyway, final comment I have is that the yellow bag law, there has been a lot of talk about waiving the yellow bag law but it isn't clear whether you intend to fully eliminate the yellow bags o r just modify the requirement of yellow bags. SUPERVISOR RUSSELL: I will let you finish and then I will explain. There are two separate issues. One is the requirement of carters to require their customers to use yellow bags. That in this day and age with free markets out there where you can bring your refuse, I don't think the town should be making carters make their customers buy yellow bags if they found other markets for the refuse. That is something that we will need to address but we need to address it March 1,2011 Page 33 Southold Town Board Meeting Minutes in a way that is going to be fair for everybody involved, including the local carters who have been complying with that law for many years. We are having a meeting on that. We have not come to finn decision but we are having a meeting on that a week from Thursday. The second issue is the larger issue of yellow bags themselves. I think the yellow bags were pragmatic but somewhat clumsy approach to dealing with solid waste issue when the landfill closed ultimately in 1993. But I think the town has probably grown out of the yellow bag scenario and I think we need to find probably a new way of creating the revenue needed to haul the garbage out of town. The yellow bag at the end of the day is just a user fee. It is a clumsy and difficult to use one and I think the town needs to look at other options and possibly just simply do away with yellow bags. COUNCILMAN KRUPSKI: And in the end, it comes down to how do you finance the whole operation at the dump? You know, the yellow bag is a user fee, if you compost and if you recycle you are going to reduce your own waste stream. If you make conscious choices as a consumer and what you buy and how you buy things, you can reduce your waste stream, so then you are going to use the town's facility a lot less, okay? In relation to the amount that the town has to ship out of town and landfill somewhere in some other state but we have got a $4 million facility there that has to be paid for and so someway, whether it is on a tax bill or it is through a user fee, it is going to have to be paid for. MR. SCHWARTZ: That was another thing that wasn't clear. How much of the operation at the dump does the yellow bag fee finance? SUPERVISOR RUSSELL: The yellow bag income each year is about $550,000 plus or minus a few dollars. Our total carting or tip fees that we pay for hauling the garbage is about $1.6 million. So they are about a third of our total revenue. A little less than $1.2 million comes from over the scales. People have to remember, if we do away with the yellow bags, we can't have a two tiered structure where it is free if you are a resident but if you come over the scales as a commercial operation, you still have to pay the 3 ½ or 4 ½ cents a pound, we would have to do away with the fee structure altogether. MR. SCHWARTZ: So essentially it is fair to say that the disposal of the garbage, the hauling it out of town and dumping it somewhere is paid for by a combination of the yellow bags and the tip fees? SUPERVISOR RUSSELL: Yes. MR. SCHWARTZ: But the yellow bags don't cover other portions of the operation .... SUPERVISOR RUSSELL: No. MR. SCHWARTZ: Which are paid for under the tax bill. SUPERVISOR RUSSELL: The general tax levy. March 1,2011 Southold Town Board Meeting Minutes Page 34 MR. SCHWARTZ: But the yellow bag, you yourself have said several times, that it is not just a financing mechanism, it is a pay as you go incentive to recycle. SUPERVISOR RUSSELL: Right. Right. MR. SCHWARTZ: Where you go freely and do not have to pay, so the point is, if we are going to eliminate the yellow bags, we need to replace them with something and what we need to replace them with has to replace the financial income revenue that would be lost but it also I am hoping we'll, that we will be able to find a way to replace the yellow bags and preserve people's incentive to recycle. SUPERVISOR RUSSELL: I agree. MR. SCHWARTZ: I think the referral to the code committee of the yellow bag law, I was impressed with the way that the Town Board invited all of the carters, even the one which the town is currently prosecuting. He didn't show up this morning but the local carters were here and seemed eager and willing and very helpful to work with the town and I think that is wonderful. However, there was nobody else at the table and I know it was an open meeting, they could have come on their own but I would suggest, I would hope that the town would invite some of the environmental groups to participate in the discussion of how we can revise the yellow bag law so that it won't be a financial problem and also so that we won't lose out on the environmental benefits. SUPERVISOR RUSSELL: Any meeting we have we notice. The code committee meeting a week from Thursday is going to talk about the narrower issues of the current crisis but obviously those meetings we notice, we extend invitations out far and wide. MR. SCHWARTZ: Don't you send direct invitations to specific organizations and people? SUPERVISOR RUSSELL: Yes, we do. MR. SCHWARTZ: So maybe you will think about sending some invitations out there. I just, I think that the, I meant to also just commend the solid waste district for doing a pretty good job over the years. I think they need some more support and just figuring out how we are going to handle the yellow bags, yes you have to do that. The recycling issue is a lot more complicated than waste disposal. Recycling involves many, many, many factors, different sources of, different streams. You know, to try and do the minimum necessary with recycling just doesn't cut it, it doesn't work. You need to shoot, well, a lot of places are shooting for the best that they can do and I always think that life is more fun if you shoot for the best you can do. So, just, I would hope that at least, at a minimum, this town should realize the difference. In 1980, we changed over from a dispose of all the waste in one pile to a municipal, integrated municipal waste management system involving taking the dispose of all the waste in one pile, trying to reduce that pile as much as possible by making that the last resort. The first priority now is supposed to be reduce the waste stream, then re-use things, then recycle. But a lot of times people use the word recycle to include the reduction and reduce and reuse elements. We have a March 1,2011 Page 35 Southold Town Board Meeting Minutes long way to go and I just hope that you won't shoot for just to get by because I don't think that will work, I think the, well, I have not heard anything... SUPERVISOR RUSSELL: Nobody suggested ,that. MR. SCHWARTZ: Well, that is what I have been hearing and I have not heard anything yet about zero waste. Do you know what zero waste is? SUPERVISOR RUSSELL: Yes. In the very lengthy discussions I have been having with the gentleman with reference to our current issue, we have had a very good insightful and he has a lot of knowledge and he has been very helpful to me. I am aware of those options .... MR. SCHWARTZ: You have been discussing this with somebody .... SUPERVISOR RUSSELL: A gentleman who obviously doesn't like the yellow bag system, we have been going back and forth on email, he has been very insightful. He has been giving me an awful lot of information. MR. SCHWARTZ: Well, does he have any suggestion, any alternative means that the residents could still have the incentive to recycle and not be ..... SUPERVISOR RUSSELL: He has got a lot of good suggestions and things like that are what we will be looking for as we move forward on this. MR. SCHWARTZ: Not an easy question. Thank you. Supervisor Russell SUPERVISOR RUSSELL: (No response) Would anybody else like to address the Town Board at this time? Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:35 P.M. RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Orlando, Councilman SECONDER: Louisa P. Evans, Justice AYES: Southold Town Clerk Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell