HomeMy WebLinkAboutTB-03/29/2011ELIZABETH 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
March 29, 2011
4:30 PM
A Regular Meeting of the Southold Town Board was held Tuesday, March 29, 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 29, 2011 at Meeting Hall, 53095 Route 25,
$outhold, NY.
I. Reports
Board of Trustees
II. Public Notices
1. License Renewals with the NYS Liquor Authority
2. NYS DEC Notice of Complete Application
III. Communications
IV. Discussion
1. 9:00 AM - Mike Verity, Gary Fish, George Gillen
2. 9:45 AM - Mayor David Nyce
3. 10:30 AM - Thomas Maher, Glenn Harkness, William Miller
4. Renewable Developers
5. CAC Long Island Sound Shore Recommendations
6. Summer Intern for Historic Preservation Commission
7. Home Rule Request
8. Home Rule Request
9. Use/Rest of Town Fields
10. LocalLaw/Carter Permits
11. MS4 Compliance Committee
12. Committee Vacancies and Reappointments/Appointments
13. Waiver of Fees
14. Light Industrial Zoning
March 29, 2011
Southold Town Board Meeting Minutes
Page 2
15. Building Department Fees for Expired Permits
16. 1:00 PM - Executive Session - Melissa Spiro, Tim Caufield
17. Executive Session - Matters Involving the Employment of Particular Person(S)
18. Executive Session - Litigation
Pledge to the Flag
Opening Statements
Supervisor Russell
SUPERVISOR RUSSELL: Please rise and join me in the Pledge of Allegiance to the Flag.
Thank you. Would anybody like to comment on any item as it appears on the agenda? (No
response)
Minutes Approval
RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated:
Tuesday, March 01, 2011
Yes/Aye No/Nay Abstain Absent
William Ruiand Voter [] [] [] []
[] Accepted Vincent Orlando voter [] [] [] []
[] Accepted as Amended ~;~pfi~ ~ai~ SeConder ~ [3 [] []
[] Tabled A!bert ~P~k! ~[: Voter [] [] [] []
Louisa P. Evans Initiator [] [] [] []
Scott Russell Voter [] [] [] []
V. Resolutions
2011-254
CA TEGOR Y: Audit
DEPARTMENT: Town Clerk
Approve Audit
RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated
March 29, 2011.
¢' Vote Record ? Resolufi0n RES-2011~254 ,
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland ~ier [] [] [] []
[] Withdrawn Vincent Orlando Voter [] [] [] []
[] Supervisor's Appt Christopher Talbot Seconder [] [] [] []
[] Tax Receivers Appt Albert Krapski Jr, Voter [] [] [] []
[] Rescinded Louisa P. Evans Initiator [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
March 29, 2011
Southold Town Board Meeting Minutes
Page 3
2011-255
CA TEGOR Y:
DEPARTMENT:
Set Meeting
Town Clerk
Set Next Town Board Meeting
RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held at
7:30 PM on Tuesday, April 12~ 2011 at the Southold Town Hall, Southold, New York
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye Ng~Y Abstain Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Vincent Orlando : Voter [] [] [] []
[] Supervisor's Appt Christopher Tab0t : Seconder 1~ [] [] []
[] Tax Receiver's Appt A!b~ ~P~k! ~r: Vg!~ ~ ~ ~ ~
[] Rescinded Louisa P. Evans initiator ~ [] [] []
[] Town Cl~xk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-237
Tabled 3/15/2011 7.'30 PM
CA TEGOR Y: Att end Seminar
DEPARTMENT: Solid Waste Management District
SW Federation Conference 2011
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Solid
Waste Coordinator Bunchuck to attend the 2011 Federation of NY Solid Waste
Associations Annual Conference and Trade Show in Bolton Landing~ NY, on May 1 - 4~
2011. All expenses for registration, travel, and lodging to be a legal charge to the 2011 Solid
Waste Management District budget (meetings and seminars).
~' v0te Ree0rd; Re~01ufion RES,2011a237
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye N~N~y ~bs~in Absent
[] Tabled William Ruland [] [] [] []
[] Withdrawn Vincent Orlando [] [] [] []
[] Supervisor's Appt c~t~ph~ Talbot [] [] [] []
[] Tax Receiver's Appt Albert Krupski Jr. [] [] [] []
[] Rescinded Louisa P. Evans [] F1 [] []
[] Town Clerk's Appt Scott Russell [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-256
CATEGOR~
DEPARTMENT:
Property Usage
Town Clerk
March 29, 2011 Page 4
Southold Town Board Meeting Minutes
Authorize the Town Clerk to Issue Special Parking Permits to Rebecca Callaway
RESOLVED the Town Board of the Town of Southold hereby authorizes the Town Clerk to
issue special parking permits to Rebecca Callaway for use at the New Suffolk Beach parking
area on Saturday~ July 30~ 2011 from 9:00 AM to 9:30 AM for her wedding ceremony all in
accordance with the Wedding Ceremonies on Town Beaches Rules and Regulations.
~rd* l~OlutlOn RF~-20 i i -256
[] Adopted
[] Adopted as Amended
[] Defeated : X~s/~y~ No/Nay Abstain Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Vincent Orlando initiator [] [] [] []
[] Supervisor's Appt ~hfiSt~pher TalbOt Voter [] [] [] F1
[] Tax Receiver's Appt Albert Kmpski Jr. Seconder [] [] [] []
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-257
CATEGORY:
DEPARTMENT:
Attend Seminar
Town Attorney
Grants Permission to Town Attorney, Martin D. Finnegan, Assistant Town Attorney, Jennifer Andaloro,
and Assistant Town Attorney, Lori M. Hulse, to View the Seminar Entitled "Ethics & Real Estate
Transactions
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town
Attorney~ Martin D. Finnegan~ Assistant Town Attorney~ Jennifer Andaloro~ and Assistant
Town Attorne¥~ Lori M. Hulse~ to view the seminar entitled "Ethics & Real Estate
Transactions". All fees are to be a legal charge to the 2011 Town Attorney budget.
~' Vole R~ord ? Resolution RES-2011-257
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Vincent Orlando Seconder [] El [3 Fl
[] Supervisor's Appt Christopher Talbot Voter [] [] [] []
[] Tax Receiver's Appt Albert Krtlpski Jr, hlitiat0r [] [] [] []
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scotl Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-258
CATEGOR~
DEPARTMENT:
Contracts, Lease & Agreements
Accounting
Authorizes and Directs Supervisor Scott A. Russell to Execute the Engagement Letter Between the Town
of Southold and Albrecht, Viggiano, Zureck & Company, P.C. to Perform an Audit of the Town's
March 29, 2011
Southold Town Board Meeting Minutes
Page 5
Deferred Compensation Plan for the Year Ending December 31, 2010
RESOLVED that the Town Board of the Town of Southold h~reby authorizes and directs
Supervisor Scott A. Russell to execute the engagement letter between the Town of Southold
and Albrecht, Viggiano~ Zureck & Company, P.C. to perform an audit of the Town's
Deferred Compensation Plan for the year ending December 31, 2010, in connection with the
Town's annual reporting obligations under the New York State Deferred Compensation Board,
at a cost not to exceed $12,500.00, subject to the approval of the Town Attorney, said
engagement to be a legal charge to the 2011 General Fund Whole Town, Independent Auditing
and Accounting appropriation (A.1320.4.500.300).
~ V0te Re--rd., ReSOhtfi0n RES~2011,258
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye NofNay Abstain Absent
[] Tabled William Ruland Voter gl [] [] []
[] Withdrawn Vincent Orlando Voter [] [] [] []
[] Supervisor's Appt Chrlstophe~ Talbot Seconder Z ~ [] 13 []
[] Tax Receiver's Appt AIb~ ~P~k! Jr: ~p~er ~ [] 13 13
[] Rescinded , Louisa P. Evans Initiator [] [] [] []
[] Town Cl~rk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-259
CATEGORY:
DEPARTMENT:
Employment - Town
Accounting
Appoint Jonathan I. Hiller Part Time Deckhand
WHEREAS the Board of Commissioners of the Fishers Island Fen~ District adopted a
resolution at their March 16, 2011 monthly meeting to hire as a part time deckhand John I. Hiller
effective March 23,2011 and
WHEREAS the Town Board of the Town of Southold is required to approve appointments and
salary adjustments of employees of the Fishers Island Ferry District, now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby appoints Jonathan I.
Hiller~ of Gales Ferry~ CT~ to the position of a part time deckhand for the Fishers Island
Ferry District, effective March 23,2011 at a rate of $9.50 per hour.
Vote Re~'ord ~ Resolution RES-2011-259
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Vincent Orlando Voter [] [] [] []
[] Supervisors Appt
[] Tax Receiver's Appt ~b~ ~Psk! Jr. ~9!er [] [] [] []
[] Rescinded Louisa P. Evans Seconder
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
March 29, 2011
Southold Town Board Meeting Minutes.
Page 6
2011-260
CATEGORY:
DEPARTMENT:
Employment - Town
Accounting
Hire Pumpout Boat Operator Fishers Island
RESOLVED that the Town Board of the Town of Southold hereby appoints
Michael L. Conro¥ to the seasonal position of Pumpout Boat Operator for the Trustees in
waters around Fishers Island, effective May 20, 2011 through October 31,2011, at a rate of
$16.00 per hour.
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Initiator [] [] [] []
[] Withdrawn Vincent Orlando Seconder [] [] FI []
[] Supervisor's Appt Christopher Talbot : Voter [] [] [] []
[] Tax Receiver's Appt Albea ~p~ki Jr. Voter [] [] FI
[] Rescinded Louisa P. Evans Voter [~ [] [] [3
[] Town Clerk's Appt Scott Russell Voter I~ [] [] []
[] Supt Hgwys Appt
[] No Action
2011-261
CA TEGOR Y:
DEPARTMENT:
Budget Modification
Solid Waste Management District
SWMD Budget Mod
Fiscal Impact:
Allow for purchase and installation of 6 new rear suspension bushings' (for truck to pass inspection).
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 Solid
Waste Management District budget as follows:
From:
SR 8160.4.100.660 Brown Paper Leaf Bags $ 2,000
To:
SR 8160.4.100.580 Maint/Supply Ford Tractor $ 2,000
March 29, 2011
Southold Town Board Meeting Minutes
Page 7
~ Yot~ R~rd ~ ~!ullon ~S~20 ! !r26!
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Absta n Absent
[] Tabled William Ruland Voter [] [] []
[] Withdrawn Vincent Orlando Initiator 1~ [] [] []
[] Supervisor's Appt Ckfistopher Talbot Voter [] [] [] []
[] Tax Receiver's Appt Albert ~psk! j;i §ec~nder El [] [] []
[] Rescinded Louisa P. Evans Voter ~ [] [] []
[] Town Clerk's Appt Scott Russell Voter [] 121 [] []
[] Supt Hgwys Appt
[] No Action
2011-262
CATEGOR~
DEPARTMENT:
Close/Use Town Roads
Town Clerk
Oysterponds UFSD 5K Run/Walk on May 14, 2011
Fiscal Impact:
Police Department cost for event = $233.67
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the
Oysterponds U.F.S.D. to hold its Annual Charles Woznick Scholarship Fund 5K Run/Walk
race on Saturday~ May 14, 2011 beginning at 10:00 AM and to use and close the followin~
route and roads: Main Road (at school) to Platt Road, Halyoke Road, Orchard Street, Narrow
River Road, Harbor Street, Douglass Street, King Street, Village Lane, and Tabor Road,
provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the
Town of Southold as an additional insured and contact Capt. Flatley upon receipt of the approval
of this resolution to coordinate traffic control. Support is for this year only, as the Southold
Town Board continues to evaluate the use of town roads. All fees shall be waived for this event.
Vote ReCOrd ;Re~0 Ution RE$-2011~262
[] Adopted
[] Adopted as Pdnended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Seconder [] [] [] []
[] Withdrawn Vincent Orlando Voter [] [] [] []
[] Supervisor's Appt Christopher Talbot Voter [] [] [] []
[] Tax Receivers Appt A!be~ ~PSki Jr. Initiator [] [] [3 []
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-263
CATEGOR~
DEPARTMENT:
Close/Use Town Roads
Town Clerk
Southold Village 4Th of July Parade at 12 Noon
Fiscal Impact:
March 29, 2011 Page 8
Southold Town Board Meeting Minutes
Police Department cost for event = $313.66
RESOLVED that the Town Board of the Town of Southold hereby grants permission to
Southold Village Merchants to march from Boisseau Avenue to Tuckers Lane along Route
25 for its 14th Annual 4th of July Parade in Southold~ on Monday, July 4~ 2011, beginning at
12:00 noon, 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. Fees for this
event are waived.
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Voter fi] [] [] []
[] Withdrawn Vincent Orlando Voter ~ [3 [] []
[] Supervisor's Appt Christopher Talb0t se~0nder
[] Tax Receiver's Appt Albert Krup~ki
[] Res¢/nded Louisa P. Evans Initiator [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [~ [] [] []
[] Supt Hgwys Appt
[] No Action
2011-264
CATEGORY: Employment - Town
DEPARTMENT: Accounting
Accepts the Resignation of Agnieszka Golding
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of
Agnieszka Golding from the position of a Part Time Clerk Typist for the Buildine
Department effective March 14, 2011.
~' Vol~ ReC0rd ~ Re~Olution RES-2011.264
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/NaY Absta n Absent
[] Tabled William Ruland Voter [] [] : [] []
[] Withdrawn Vincent Orlando Voter [~ [] [] []
[] Supervisor's Appt Christopher Talbot Initiator [] [] [] []
[] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] []
[] Rescinded Louisa P. Evans Seconder [] [] [] []
[] Toval Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-265
CA TEGOR Y:
DEPARTMENT:
Budget Modification
Solid Waste Management District
SWMD Final 2010 Budget Mods
March 29, 2011 Page 9
Southold Town Board Meeting Minutes
Fiscal Impact:
Covers remaining overexpended budget lines for 2010.
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 Solid
Waste Management District budget as follows:
From:
SR 8160.4.400.805
To~:
SR 1490.1.100.500
SR 8160.1.100.500
SR 8160.4.100.995
SR 8160.4.200.200
SR 8160.4.400.655
SR 8160.4.400.665
SR 8160.4.500.500
MSW Removal
$ 8,188.00
Admin Holiday Pay $ 3,818.00
F/T Employee Holiday Pay $ 96.00
Signage $ 131.00
Light and Power $1,709.00
Repairs CAT 966 Loader $ 613.00
Repairs CBI Grinder $ 378.00
Credit Card Process Fees (bag machine) $1,443.00
~ vo~e Re.rd; Res01uti0n RES40il-265
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Initiator [] [] [] []
[] Withdrawn Vincent Orlando Sec~nd~ gt [] [] []
[] 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 [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-266
CA TE GO R Y:
DEPARTMENT:
Budget Modification
Supervisor
Budget Modification - Relay for Life
Fiscal Impact:
Appropriate a donation from the American Cancer Society for the rental of a showmobile from the Town
of Southampton for the annual Relay for Life event
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General
Fund Whole Town budget as follows:
Increase:
Revenues:
A.2705.40
Appropriations:
Other Donations
$ 500.00
March 29, 2011
Southold Town Board Meeting Minutes
Page 10
A.4010.4.400.600 Showmobile Rental $ 500.00
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn V~e~t ~i~d~ initiator
[] Supervisor's Appt Christopher Talbot Voter [] [] [2] []
[] Tax Receiver's Appt
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-267
CATEGOR~
DEPARTMENT:
Employment - Town
Accounting
Grant FMLA Leave to a Town Employee
WHEREAS Employee #1690 has been out of work due to non-work related illness since
February 22, 2011, and
WHEREAS the Town Board of the Town of Southold is required to comply with the Family
Medical Leave Act (FMLA) and the Town's collective bargaining agreement with the CSEA,
now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby grants an FMLA leave of
absence for up to 12 weeks to Employee #1690 effective February 22, 2011.
~' Vote Rec0rd, Resoluti0n REst2011-267
[] Adopted
[] Adopted as Amended
[] Defeated Yea/Aye No/Nay Abstain Absent
[] Tabled W am Rtl and Seconder [] [] [] []
[] Withdrawn Vincent Orlando Voter [] [] [] []
[] Supervisor's Appt Christopher Talbot Voter [] [] [] []
[] Tax Receiver's Appt ~!bcrt ~p~ki J[: Initiator [] [] [] []
[] Rescinded Louisa P. Evans Voter [] [] El []
[] Town Clerk's Appt Scott Rtlssell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-268
CATEGORY:
DEPARTMENT:
Employment - Town
Police Dept
Amend Resolution that Appointed Peter,L Brock to the Position of Constable for Fishers Island
WHEREAS the Town Board of the Town of Southold appointed Peter J. Brock to the position
of Constable for Fishers Island effective at the commencement of the next Peace Officer
March 29, 2011
Southold Town Board Meeting Minutes
Page 11
academy on the condition that he attends and satisfactorily completes all necessary training, and
WHEREAS the Sheriff of Suffolk County requires that an individual be hired as a Peace Officer
prior to attending the Peace Office Academy, and
WHEREAS Peter J. Brock was sworn in as Constable for Fishers Island on January, 31,2011,
now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby mends resolution no 2010-
806 adopted by the Town Board of the Town of Southold on October 5, 2010 to read as follows:
RESOLVED that the Town Board of the Town of Southold hereby appoints Peter J. Brock to
the position of Constable for Fishers Island effective January 31,2011, and that Peter J. Brock
be paid an annual salary of $17,841.83 effective April 5,2011, which is the commencement of
the Peace Officer Academy.
~ Vote R~eOrd * R~SOlafi6n RE$~20t 1~268
~ Adopted
[] Adopted as Amended
[] Defeated
[] Tabled William Ruland Voter
[] Withdrawn Vincent Orlando Voter
[] Supervisors Appt ~si~pher Taibo~ ~o~cl~
[] Tax Receiver's Appt Albert Krapski Jr. Voter
[] Rescinded Louisa Pi Evans Initiator
[] Town Clerk's Appt Scott Russell Voter
[] Supt Hgwys Appt
[] No Action
2011-269
CATEGORY:
DEPARTMENT:
Close/Use Town Roads
Town Clerk
Grant Permission to the Suffolk Bicycle Riders' Association (SBRA) for Their Annual Bike - Boat - Bike
Event on Sunday, June 5, 2011
Fiscal Impact:
Police Department cost for Event = $40.99
RESOLVED the Town Board of the Town of Southold hereby grants permission to the
Suffolk Bicycle Riders' Association (SBRA) to use the following roads for their Annual
Bike - Boat - Bike event on Sunday~ June 5~ 2011~ beginning at 7:00 a.m., provided they file
with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of
Southold as an additional insured, provide $100 application fee~ remuneration of expenses of
$40.99 and a $500 deposit for event clean up (deposit returned upon recommendation of Capt.
Flatley) and contact Captain Flatley, upon receipt of this approval, to coordinate traffic control:
Main Road, New Suffolk Avenue, Grathwohl Road, Route 48, Cox Lane, Albertson Lane, Mill
Road, Soundview Road, Soundview Road Ext., Lighthouse Road, Moores Lane, Albertson Lane,
Youngs Avenue, Calves Neck Road, Hill Road, Wells Road, Oaklawn Avenue, Jockey Creek
March 29, 2011
Southold Town Board Meeting Minutes
Page 12
Drive, Ackerly Pond Lane, North Bayview Road, Main Bayview Road, Cedar Avenue, Cedar
Beach Road, Bridge Lane, Oregon Road, Wickham Avenue, Westphalia Road, Sound Avenue,
and Factory Avenue. Support is for this year only as the Town Board continues to evaluate the
use of town roads.
1~ Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Vincent Orlando Voter [] [] [] []
[] Supervisor's Appt ~pber T~!bq~ lni~!~? ~ [2 [2 []
[] Tax Receiver's Appt A!bert ~P~k! Jr, yo~er ~ [2 ~ []
[] Rescinded Louisa P. Evans Seconder [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [2 []
[] Supt Hgwys Appt
[] No Action
2011-270
CATEGOR~
DEPARTMENT:
Budget Modification
Accounting
201! Budget Modification FI Harbor Committee
Fiscal Impact:
Allocate a portion of the FI Harbor Committee 2011 budget appropriation to a personal services
appropriation for said committee's Secretary, recently hired as apart-time Clerk Typist a rate of $13.25
for 70 to 80 hours per year.
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 Town
Boards budget in General Fund Whole Town as follows:
From:
A. 1010.4.600.750
To.'
A.1010.1.200.100
FI Harbor Committee $1,060
Total $1,060
PT Regular Earnings-FI Harbor Committee $1,060
Total $1,060
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland bfitiator [] [] [] []
[] Withdrawn Vincent Orlando seconder [] [] [] []
[] Supervisor's Appt Christopher Talbot Voter [] [] [] []
[] Tax Receiver's Appt Albert Krupski Jr. Voter [] ' [] {2 []
[] Rescinded Louisa P. Evans Voter [] {2 [] []
[] Town Clerk's Appt Scott Russ~li Voter [] Fl [] []
[] Supt Hgwys Appt
[] No Action
March 29, 2011
Southold Town Board Meeting Minutes
Page 13
2011-271
CATEGOR~
DEPARTMENT:
Grants
Land Preservation
2011 USDA-NRCS FRPP Grant Proposal Submission
RESOLVED that the Town Board of the Town of Southold h~reby authorizes submission of a
2011 proposal to the United States Department of Agriculture (USDA) Natural Resources
Conservation Service (NRCS)~ administering on behalf of the CommodiW Credit
Corporation~ whereby the Town of Southold proposes a cooperative effort to acquire the
development rights to agricultural properties which have been submitted by their owners to the
Land Preservation Committee of the Town of Southold for sale of such rights to the Town of
Southold, in accordance with the terms of the Fiscal Year 2011 Farm and Ranch Lands
Protection Program (FRPP).
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Seconder [] [] [] []
[] Withdrawn Vincent Orlando Initiator [] [] Fl []
[] Supervisors Appt Christopher Talbot Voter [] [2] [3 [3
[] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [3 [2]
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-272
CATEGORY:
DEPARTMENT:
Budget Modification
Police Dept
2010 Budget Modification Police Department
Fiscal Impact:
To fix an overexpended budget line from 2010 due to a seasonal employee who currently submitted a
2010 timesheet.
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General
Fund Whole Town budget as follows:
From:
A.3120.1.300.200
To'
A.3120.1.300.100
Police, P.S.
Seasonal/Temp Employees, Overtime Earnings
$73
Police, P.S.
Seasonal/Temp Employees, Regular Earnings $73
March 29, 2011
Southold Town Board Meeting Minutes
Page 14
[] Adopted
[] Adopted as Amended
[] Defeated ~(A~ Np~ay Abs~a!~ Ab~t
[] Tabled William Ruland Seconder [] [] [] []
[] Withdrawn Vincent Orlando Voter [] [] [] []
[] Supervisor's Appt Christopher Talbot Voter [] [] [] []
[] Tax Receiver's Appt A!ben ~ps~ Jr: ~!fiato[ [] El El El
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-273
CATEGOR~
DEPARTMENT:
Budget Modification
Accounting
Modify the 2011 Capital Budget
Fiscal Impact:
Reduce Capital Fund appropriation for "11 Stormwater Management Proejcts" for the re-allocation of
the Department of State Grant for funding of work at Lake Mobil on Fishers Island pursuant to resolution
no. 2011-125 adopted on February 1, 2011.
RESOLVED that the Town Board of the Town of Southold hereby reduces the 2011 Capital
Fund budget as follows:
Revenues:
H.3089.30 State Aid, NYS DOS Stormwater Grant $134,104.84
Appropriations:
H.8540.2.100.100
Stormwater Mitigation Projects
$134,104.84
/ Vot* R~rd, Resolution RE8-2011,273
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Rulm~d Voter [] [] [] []
[] Withdrawn Vincent Orlando Voter [] [U [] []
[] Supervisor's Appt ~t~s!opher T~!bs[ Seconder [il [] [] []
[] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] El []
[] Rescinded Louisa P. Evans initiator [] [] : [] D
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-274
CATEGORY:
DEPARTMENT:
Contracts, Lease & Agreements
Town Attorney
Authorizes and Directs Supervisor Scott A. Russell to Execute the Power of Attorney and Declaration of
March 29, 2011
Southold Town Board Meeting Minutes
Page 15
Representative Form Appointing Two Certified Public Accountants of the Firm Albrecht, Viggiano,
Zureck and Co., P. C. to Represent the Town of Southold Before the Internal Revenue Service Regarding
Tax Matters Pertaining to Tax Form 941for the Year Ended December 31, 2008
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Power of Attorney and Declaration of
Representative form appointing two Certified Public Accountants of the firm Albrechh
Vi~eiano. Zureck and Co. P.C. to represent the Town of Southoid before the Internal
Revenue Service regarding tax matters pertaining to Tax Form 941 for the year ended
December 31~ 2008, subject to the approval of the Town Attorney.
gl Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled ~iiii~ Rui~d Voter [] [] [] []
[] Withdrawn Vincent orlando voter [] [] [] []
[] Supervisor's Appt Christopher Talbot Initiator [] F1 [3 rl
[] Tax Receivers Appt Albert Krupski Jr. Voter [] [] [] []
[] Rescinded Louisa P. Evans Seconder [] E] FI []
[] Town Clerk's Appt Scott Russell Voter gl [] [] []
[] Supt Hgwys Appt
[] No Action
2011-275
CATEGORY:
DEPARTMENT:
Contracts, Lease & Agreements
Town Attorney
Authorizes and Directs Supervisor Scott A. Russell to Execute the Proposal Between the Town of
$outhold and Diversified Technology Consultants, Inc. Dated March 18, 2011
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Proposal between the Town of Southold and
Diversified Technology Consultants~ Inc. dated March 18~ 2011 for engineering services
relating to maintenance of the wastewater facilities and compliance with NYS DEC requirements
for the Fishers Island Sewer District, at a cost not to exceed $10,500.00, subject to the approval
of the Town Attorney.
~r Vote ,Record ~ ReS0111fl0n RES-20H;275 ...............
[] Adopted
[] Adopted as Amended
[] Defeated yes/A~e N0(Na~ Abstai~ Absent
[] Tabled William Ruland initiator [] [] [] []
[] Withdrawn Vincent Orlando Seconder [] [] : [] []
[] Supervisor's Appt Christopher Talbot Voter [] gl [3 []
[] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] []
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scoit Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-276
March 29, 2011 Page 16
Southold Town Board Meeting Minutes
CATEGORY:
DEPARTMENT:
Contracts, Lease & Agreements
Town Attorney
Authorizes and Directs Supervisor Scott A. Russell to Execute the Amendment to the Program Work Plan
Between the Town of Southold and the New York State Department of State
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Amendment to the Program Work Plan between
the Town of Southold and the New York State Department of State in connection with
Agreement #C006792 (Revision of Town Code to Implement Stormwater Management), subject
to the approval of the Town Attorney.
~ Vote Reeord, Resolufi0n REs-2011.276
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn vincent Orlando initiator [] [] [] []
[] Supervisor's Appt F~ V1 {3 13
~[9pher T~lb0t Voter
[] Tax Receiver's Appt Albeit Krupski Jr. Seconder [] [] [] []
[] Rescinded Louisa P, Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter V~ {3 [] []
[] Supt Hgwys Appt
[] No Action
2011-278
CATEGOR~
DEPARTMENT:
Attend Seminar
Planning Board
dames Rich III and Mark Terry to Attend AIA 's "New Solutions for Community Wastewater Treatment"
Symposium in Riverhead, NY on April 6, 2011
RESOLVED the Town Board of the Town of Southold hereby grants permission to Planning
Board member James Rich III and Principal Planner Mark Terry to attend AIA's "New
Solutions for Communi~. Wastewater Treatment" symposium in Riverhead, NY on April 6,
2011. All expenses for registration to be a legal charge to the 2011 Planning Budget (Meetings
& Seminars: B.8020.4.600.200).
· r' vote R~rd - Resolution RES-2011~278
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Absta n Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Vincent Orlando seconder [] 13 [] []
[] Supervisors Appt Christopher Talbot Voter [] [] [] []
[] Tax Receiver's Appt Albe~ Kmpski Jr, Initiator [] [] [] []
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter ~ [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-279
March 29, 2011 Page 17
Southold Town Board Meeting Minutes
CATEGORY:
DEPARTMENT:
Ratify Fishers Island Reso.
Fishers Island Ferry District
Ratify and Approve FIFD Resolution to Change Dental Coverage.
RESOLVED the Town Board of the Town of Southold hereby ratifies and approves the
resolution of the Fishers Island Ferry District Board of Commissioners dated March 16, 2011
chan~in~, the existing dental coverage from The Standard to Anthem Complete for a one year
term o f April 1, 2011 to March 31, 2012."
I:~ :Voto:ReCOfd ~ Resolution RESa2011a279
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Vincent Orlando Voter [] [] [] []
[] Supervisor's Appt ~h~
[] Tax Receiver's Appt [] [] [] []
A!I~ ~psk! J[. ~q~er
[] Rescinded Louisa P. Evans Initiator r~ [] [] []
[] Town Clerk's Appt Scoa Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-280
CATEGOR~
DEPARTMEN~
Contracts, Lease & Agreements
Town Attorney
Authorizes and Directs Supervisor Scott A. Russell to Execute the Site Access License Agreement Between
the Town of Southold and the Long Island Lighting Company D/B/A LIPA
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Site Access License Agreement between the
Town of Southold and the Long Island Lighting Company d/b/a LIPA regarding granting
LIPA access and use of designated portions of Town properties located at Jean W. Cochran Park,
Peconic School, and the Recreation Center for the limited purpose of establishing a staging area
for the temporary storage of materials, equipment, and vehicles during LIPA's emergency power
restoration efforts, subject to the approval of the Town Attorney.
~' Vot~ R~rd. Resolution RES-20t 1:280
[] Adopted
[] Adopted as Amended
[] Defeated : Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Vincent Orlando Voter [] [] [] []
[] Supervisor's Appt C~i0¢her T~ib~ Iniii~i~) O 0 0 []
[] Tax Receiver's Appt A!be~ ~P~k! Jr: Voter [] [] [] []
[] Rescinded Louisa P. Evans Seconder [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-281
March 29, 2011
Southold Town Board Meeting Minutes
Page 18
CATEGORY:
DEPARTMENT:
Bid Acceptance
Town Clerk
Accept Bids of GradeA Petroleum Corp for Certain Lubricants and Fluids
RESOLVED that the Town Board of the Town of Southold hereby accepts the hid of Grade A
Petroleum Corporation to suppl.v the town with lubricants for the 2011 calendar year~ as
submitted in the bid and all in accordance with the Town Attorney.
~1 Adopted
[] Adopted as Amended
[] Defeated yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Initiator I~ [] [] []
[] Withdrawn QihC~nt ori~ndo §ec~der I~ 13 [] []
[] Supervisor's Appt CG;ib~h~ g~ boi ~oi~ I~ 13 ~ []
[] Tax Receiver's Appt Albert ~p~kj ~[: Y0ter [] [] [] []
[3 Rescinded Louisa P. Evans Voter [] [] [3 []
[] Town Clerk's Appt Scott Russell Voter [] * [3 13 []
[] Supt Hgwys Appt
[] No Action
2011-282
CATEGORY:
DEPARTMENT:
Local Law Public Hearing
Town Attorney
LL/Carter Permits
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 29th day of March, 2011, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 233~ Solid Waste~ to Clarify Regulations Pertaining to
the Disposal of Solid Waste and Recyelables and Implement the Requirement of a Carters
Permit.
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the
tb
26 day of April, 2011 at 4:32 p.m. at which time all interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 233~
Solid Waste~ to Clarif.v Regulations Pertaining to the Disposal of Solid Waste and
Rec.vclables and Implement the Requirement of a Carters Permit" reads as follows:
LOCAL LAW NO. 2011
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 233~ Solid
Waste~ to Clarif.v Regulations Pertaining to the Disposal of Solid Waste and Rec.vclables
and Implement the Requirement of a Carters Permit".
March 29, 2011 Page 19
Southold Town Board Meeting Minutes
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
The safe and proper disposal of the solid wastes generated by the people of the Town of
Southold and adherence to the mandates of the Town's Solid Waste Management Plan with
respect to collection and disposal of solid waste and recyclables has been and remains a matter of
serious public concern. The purpose of this local law is to clarify regulations and permitting
requirements.
II. Chapter 233 of the Code of the Town of Southold is hereby amended as follows:
§233-1. Definitions.
REFUSE HAULER/CARTER - Any individual, association, parmership, firm, corporation, not-
for-profit organization, or any other person so deemed by the Town to be engaged in the business
of collection, pickup, transfer, removal and/or disposal of Solid Waste and/or Recyclables.
§233-3. Town Transfer Station.
A. Use of Town Transfer Station. No person shall deposit or cause to be deposited in or on
any transfer station maintained by a waste district in the Town of Southold any waste of
any kind except under the direction of the attendant in charge, whether such direction is
given personally or by another person by his authority or by a sign or signs erected at the
transfer station by the authority of the Town Board. or-4vtmmtam.
March 29, 2011 Page 20
Southold Town Board Meeting Minutes
The Town may refuse to accept any No garbage, refuse, rubbish or other material that
March 29, 2011 Page 21
Southold Town Board Meeting Minutes
does not have its origin within the Town of Southold shall be dcpcgited
the T.~';.'n ~ansfcr stat/em at any time.
No vehicle shall be permitted to transport refuse into the Town's Transfer Station any
.............................. .,. .................... d unless such vehicle displays a valid
permit or the operator pays the applicable single-entry fee, except that vehicles owned
and operated by any of the following entitled shall be permitted to transport refuse into
the Town s Transfer Station ~.j ..............................
provided that at least one valid permit and/or license has been issued to the particular
entity: the State of New York, the County of Suffolk, the Village of Greenport and fire
districts, school districts and park districts located within the Town of Southold.
The attendant at the transfer station is authorized to prohibit the disposal of discarded
motor vehicles and/or discarded fuel tanks having a capacity in excess of 550 gallons at
the transfer station.
All municipal recyclables must be deposited in the appropriate location of the transfer
station owned by the Town of Southold.
§233-3A. Disposal and Collection of Solid Waste and Rec¥clables.
All solid waste and recyclables generated within the Town of Southold shall be collected
and/or disposed of in the following manner:
(1) Residential self-haulers and commercial self-haulers.
(a) No cans, corrugated cardboard, glass, plastic or newspaper as defined
herein shall be deposited at the Town's Transfer Station unless separated
from any and all solid waste, trash, rubbish and vegetative yard waste.
They are to be deposited only at designated areas within such Town
disposal area.
(b) Nonrec¥clable waste.
[ 1 ] Residential self-haulers. Nonrec¥clable waste generated by
residential self-haulers shall be disposed of only in a Town garbage
bag as defined herein and deposited only at designated areas within
the Town's Transfer Station.
[2] Commercial self-haulers. Nonrec¥clable waste generated by
commercial self-haulers may be either:
[al Disposed of in a Town garbage bag and deposited at
designated areas within the Town's Transfer Station; or
[bi Disposed of at the designated areas within the Town's
Transfer Station upon paying the appropriate charge as set
by Town Board resolution for the weight of nonrecyclable
waste deposited.
(2) Private residential refuse haulers/carters.
(a) The owners or occupants of all residences within the Town which utilize
collection services provided by persons licensed to collect refuse pursuant
to the provisions of this article shall place recyclables in separate
containers at curbside for collection on such day or days as the licensee
serving such residence shall designate.
March 29, 2011
Southold Town Board Meeting Minutes
Page 22
(3)
(b) It shall be unlawful for any person to place out for collection any container
in which refuse is mixed with recyclables.
(c) It shall be unlawful for any person to collect refuse from a residence
which is mixed with recyclables or thereafter to commingle different types
ofrecyclables or to mix recyclables with refuse.
(d) Recyclables collected by private residential refuse haulers/carters and
transported to the transfer station shall be deposited in areas designated by
appropriate landfill personnel.
(e) Nonrecyclable waste.
[1 ] The owners or occupants of all residences within the Town which
utilize collection services provided by persons licensed to collect
refuse pursuant to the provisions of this article shall place
nonrecyclable waste in Town garbage bags for collection on such
day or days as the licensee serving such residents shall designate.
[2] It shall be unlawful for any person to place out for collection any
nonrecyclable waste which is not in a Town garbage bag. It shall
be unlawful for any person to collect nonrecyclable waste from a
residence which is not in a Town garbage bag.
[3] Nonrecyclable waste in Town garbage bags collected by private
residential refuse haulers/carters and transported to the transfer
station shall be deposited only in areas designated by appropriate
landfill personnel.
[4] The above requirements shall not apply to residences located
within the Fishers Island Waste Management District.
Private commercial refuse haulers/carters.
(a) The owners or occupants of all commercial establishments within the
Town which utilize collection services provided by a refuse hauler/carter
shall place recyclables in separate containers at curbside for collection on
such day or days as the licensee serving such business shall designate.
(b) It shall be unlawful for any commercial establishment to place out for
collection any container in which refuse is mixed with recyclables.
(c) It shall be unlawful for any commercial establishment to place out for
collection any container in which one type of mcyclable is mixed with any
other type or types of recyclables.
(d) It shall be unlawful for any private commercial refuse hauler/carter to
collect refuse from any commercial establishment which is mixed with
recyclables or thereafter to commingle different types of recyclables or to
mix recyclables with refuse.
(e) Recyclables collected by private commercial refuse haulers/carters and
transported to the transfer station shall be deposited in areas designated by
appropriate personnel.
Commercial Waste Permit Requirements.
(a) With the exception of those operating within the Fishers Island Waste
Management District, no refuse hauler or carter or agent thereof shall collect,
transport or dispose of Solid Waste and/or Recyclables generated within the Town
March 29, 2011
Southold Town Board Meeting Minutes
Page 23
without obtaining a Carter's Permit issued by the Town Clerk.
(b) All applications for Carter Permits shall be in writing and shall contain such
information as requested by the Town, but at a minimum, such applications shall
include a list of all vehicles (including vehicle license numbers the applicant
intends to utilize for the collection of Solid Waste and/or Recyclables in the
Town). The list shall also describe the cubic yard capacity for each vehicle. All
Carter Permit information shall be verified by the applicant as required by this
local law and the Town.
(c) Upon receipt of a complete application, the Town Clerk shall refer the application
to the Solid Waste District and the Zoning Inspector for a determination of
whether any violations of the law exist. The Town Clerk shall issue the applicant
a Carter Permit so long as the applicant is deemed by the Solid Waste District and
Zoning Inspector to be in compliance with this local law and all applicable
County and State regulations.
(d) Renewal of Carter Permits shall be in the same manner and subject to the same
(e)
conditions as original Carter Permits, and also shall be subject to any additional
requirements in effect at the time of application for renewal as specified by the
Town.
Whenever satisfactory proof, such as by means of an affidavit, is submitted to the
Town Clerk that a Carter Permit issued for the purpose set forth in this local law
has been lost or destroyed, the Town Clerk shall, upon pawnent of five dollars
($5.00) by the applicant, issue a new Carter Permit. No Carter Permit issued
pursuant to the provisions of this local law shall be transferable.
The Carter Permit holder hereunder shall, upon request, furnish the Town with a
list detailing the number of residences, commercial establishments or other
generators of Solid Waste and/or Recyclables located in the Town and serviced by
(g)
(h)
6)
the applicant and the intended location that said Solid Waste and/or Recyclables
shall be deposited by the carter. This list shall be prepared at a level of detail
satisfactory to the $,~!i~ Waste D!:t~:t Town Clerk and shall be updated by the
Carter Permit holder at the request of the Town, but not more often than every
three months.
The Town, pursuant to §233-8 of this local law, shall have the power to impose a
civil penalty or suspend or revoke a Carter Permit granted or renewed pursuant to
this local law for any violation of any provision of this local law or any applicable
rule, regulations, code or ordinance relating to the collection, handling, hauling or
disposal of Solid Waste and/or Recyclables.
All collection, transportation and/or disposal of Solid Waste and/or Recyclables
shall be in strict conformance with the rules and regulations prescribed in this
local law and as such rules and regulations may hereafter be amended or
supplemented by the Town Board.
All vehicles used in the collection, transportation and/or disposal of Solid Waste
and/or Recyclables shall be maintained in a sanitary condition and shall be
constructed as to prevent leakage in transit. The body of the vehicle shall be
wholly enclosed or shall at all times be kept covered with an adequate cover. The
name of the Carter shall be readily visible on all vehicles, and on all containers
March 29, 2011 Page 24
Southold Town Board Meeting Minutes
0)
(k)
utilized for the collection of Solid Waste and/or Recyclables generated within the
Town.
Any Carter Permit issued pursuant to this local law shall be in the nature ora
privilege subiect to the terms and conditions set forth in this local law and as
amended or supplemented by the Town, and shall not be deemed to create a
property interest with respect to the Carter Permit in the holder.
All Carter Permit requirements specified herein, including, but not limited to,
Carter Permit fees may be amended or adjusted from time to time by resolution of
the Town Board.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Vote Record ~ResoiUtin~RES*20il,282 , ,
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay } Abstain Absent
[] Tabled William Ruland Voter [] [] [3 []
[] Withdrawn Vincent Orlando Initiator [] [] [] []
[] Supervisor's Appt Christopher Talbot Voter [] [] [] []
[] Tax Receiver's Appt Albert Kmpski Jr. Seconder [] [] [] []
[] RescInded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-283
CATEGORY:
DEPARTMENT:
Legislation
Town Attorney
LL/Carter Permits to SCPC & PB
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk to forward the proposed Local Law entitled "A Local Law in relation to
Amendments to Chapter 233~ Solid Waste~ to Clarify Regulations Pertaining to the
Disposal of Solid Waste and Recyclables and Implement the Requirement of a Carters
Permit" to the Suffolk County Planning Commission and the Southold Town Planning
Board for their review and recommendation.
March 29, 2011 Page 25
Southold Town Board Meeting Minutes
~' ¥~te R~ord Re~lafl0n R~S-201t~283
~ Adopted
[] Adopted as Amended
[] Defeated
~ Tabl~ William Ruland
D Wi~ Vinc~t Orlando
~ Sup~isoffs Appt C~s[pph~ Talbot
~ Tax R~eiv~'s Appt
~ R~cMd~ ~uisa P. Evam
~ To~ Cl~k's Appt ScoR R~sell
~ Supt Hg~s A~t
~ No Action
2011-284
CA TEGOR Y:
DEPARTMENT:
Budget Modification
Fishers Island Ferry District
FIFD 2010 Budget Mod
Fiscal Impact:
Needed to close 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
Appropriations
SM 5710.4.000.000
Ferry Operations, Freight $300
Total $300
Ferry Operations, Other $300
Supplies
Total $300
~ ¥0te Record - ResolutiOn RES;20ii,284
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn v!ncent Orland? voter [] D El []
FI Supervisor's Appt Cluistopher Talbot Seconder [] 13 [] []
[] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] []
[] RescMded Louisa P. Evans Initiator [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
13 Supt Hgwys Appt
[] No Action
2011-285
CATEGORY:
DEPARTMENT:
Contracts, Lease & Agreements
Solid Waste Management District
1St Qtr. 2011 LF Gas/Groundwater Monitoring
March 29, 2011 Page 26
Southold Town Board Meeting Minutes
Fiscal Impact:
Needed to ensure completion of lst quarter testing requirements. Future testing this year to be done
pursuant to RFP recently issued by SWMD and reviewed by Town Attorney, with responses due by April
15.
RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of
It2M Group to provide landf'fll gas and groundwater monitoring and reporting services for
the first quarter of 2011 only in the amount of $ $4,900 for the groundwater and $1,980 for the
gas, all in accordance with the approval of the Town Attorney.
[] Adopted
[] Adopted as Amended
[] Defeated 'Y~s/Ay~ N~Nay Abstain Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Vincent Orlando Voter [] [] [] []
[] Supervisor's Appt ~hds~0pber Ta bot In t ator [] ~ [] []
[] Tax Receiver's Appt A!b~ ~psk! Jr: ~er ~ [] ~ []
[] Rescinded Louisa P. Evans Seconder [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-286
CA TEGOR Y:
DEPARTMENT:
Employment - Town
Accounting
Acknowledges the Retirement of James Franke
RESOLVED that the Town Board of the Town of Southold hereby acknowledges the
retirement of James Franke from the position of Police Officer in the Police Department,
effective April 26, 2011.
~ ¥0te ReCOrd ~ Resolution RES-2011-286
[] Adopted
[] Adopted as Amended
[] Defeated ~s/A~ No(N~Y Abstain Absent
[] Tabled William Ruland Initiator [] [] [] []
[] Withdrawn Vincent Orlando Seconder [] [3 [] []
[] Supervisor's Appt Christopher Talbot Voter [] [] [] []
[] Tax Receiver's Appt Albert Krapski Jr. Voter [] [] [] []
[] Rescinded Louisa P. Evans Voter I~ [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-287
CATEGORY:
DEPARTMENT:
Budget Modification
Accounting
Amend 2010 Budget and Transfer Funds to Increase the Insurance Reserve in the Risk Retention Fund
March 29, 2011
Southold Town Board Meeting Minutes
Page 27
Fiscal Impact:
Additional $ needed to increase the reserve in the Risk Retention Fund based on Loss Runs provided by
Third Party Administrators and insurance underwriters and increase the Insurance Reserve to match the
Loss Run totals
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2010 budget as follows:
General Fund Whole Town
From:
A.1990.4.100.100
To:
A.9901.9.000.300
Unallocated Contingencies
Total
Transfer to Risk Retention Fund
Total
$12,000
$12,000
$12,000
$12,000
Risk Retention Fund
Increase Revenues:
CS.5031.00 Interfund Transfers
Total
Increase Appropriations:
CS.1910.4.300.800 Claims
Total
$12,000
$12,000
$12,000
$12,000
and be it further
RESOLVED that the Town Board of the Town of Southold hereby authorizes the Supervisor to
transfer $267~254.58 from the General Fund Whole Town to the Risk Retention Fund in
order to increase the Insurance Reserve in the Town's Risk Retention Fund as of December 31,
2010.
Vote Record. Resolution RES~20t 1~287
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Vincent Orlando Initiator [] [] [] []
[] Supervisor's Appt Ctuistopher Talbot Voter [] [] [] []
[] Tax Receiver's Appt A!b~ ~p~k! ~r 5~9~d~ ~ ~ ~ ~]
[] Rescinded Louisa P. Evans Voter lil [] [] []
[] Town Clerk's Appt Scott Russell Voter [] 13 [] []
[] Supt Hgwys Appt
[] No Action
2011-288
CATEGOR~
DEPARTMENT:
Committee Appointment
Town Attorney
Dissolves the Stormwater Runoff Committee and Hereby Establishes the MS4 Compliance Committee for
March 29, 2011 Page 28
Southold Town Board Meeting Minutes
the Purposes of Monitoring and Evaluating the Town's Compliance with the New York State Phase II
Stormwater Permit (GP-O-I O-O02) and Making Recommendations to the Town Board Regarding Same
RESOLVED that the Town Board of the Town of Southold hereby dissolves the Stormwater
Runoff Committee and hereby establishes the MS4 Compliance Committee for the
purposes of monitoring and evaluating the Town's compliance with the New York State
Phase II Stormwater Permit (GP-0-10-002) and making recommendations to the Town
Board regarding same and appoints the following members to serve on said Committee,
effective April 1~ 2011:
Supervisor Scott A. Russell
Town Councilman Albert Krupski, Jr.
Town Councilman Vincent Orlando
John Bredemeyer, Trustee
Jennifer Andaloro, Assistant Town Attorney
James Richter, Engineering Inspector
Mark Terry, Principal Planner
John Sepenoski, Technical Coordinator II
~' Vote Record - Res01Uflon RESt2011~288
1~ Adopted
~ Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Seconder [] [] [] []
[] Withdrawn Vincent Orlando Voter [] : [] [] []
[] Supervisor's Appt Christopher Talbot Voter El [] [] []
Initiator [] [] [] []
[] Tax Receiver's Appt Albert Krapski Jr.
[] Rescinded Louisa P. Evans Voter [] [] [2] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-289
CA TEGOR Y:
DEPARTMENT:
Committee Appointment
Town Clerk
Reappoint Jim Glover, Leander B. Glover Jr and Stephen Mudd to the Agricultural Advisory Committee
RESOLVED the Town Board of the Town of Southold hereby reappoints Jim Glover~
Leander B. Glover Jr and Stephen Mudd to the Agricultural Advisory Committee for a 3
year term, effective immediately through March 31, 2014.
March 29, 2011 Page 29
Southold Town Board Meeting Minutes
[] Adopted
[] Adopted as Amended
[] Defeated Abstain ~b~ent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Vincent Orlando Voter [] [] [] []
[] Supervisor's Appt Christopher ~aiboi S~0hder [] [] [] rn
[] Tax Receiver's Appt A!b~ ~pski Jr Vpter ~ [2 [2 [2
[] Rescinded Louisa P, Evans Initiator [] [] [] []
[] Town Clerk's AppI Scott Russell Voter [] El [] [3
[] Supt Hgwys Appt
[] No Action
2011-290
CATEGORY:
DEPARTMENT:
Committee Appointment
Town Clerk
Appoint Loretta Hatzel-Geraci and Reappoint Jean LePre and Eleanor Lingo to the Anti-Bias Task Force
RESOLVED the Town Board of the Town of Southold hereby appoints Loretta Hatzel-Geraci
and reappoints Jean LePre and Eleanor Lingo to the Anti-Bias Task Force for a 3 year term
effective immediately through March 31, 2014.
~ V0te Rec0rd ~ ReSOlution RES-2011-290
[] Adopted
[] Adopted as Amended
[] Defeated Yes,AYe Np~Nay Abstain Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Vincent Orlando Voter [] [] [] []
[] Supervisor's Appt Christopher Talbot initiator [] : [] [] []
[] Tax Receiver's Appt Albert Kmpski J[. Voter [] 13 ~ [2
[] Rescinded Louisa P. Evans Seconder : [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-291
C~I TEGOR Y:
DEPARTMENT:
Committee Appointment
Town Clerk
Reappoint Mark Schwartz, James Grathwohl, Reynolds DuPont, ,Ir, Nicholas ~.. Planamento and Howard
Meinke to the Architectural Review Committee
RESOLVED the Town Board of the Town of Southold hereby reappoints Mark Schwartz~
James Grathwohl, Reynolds duPont~ Jr, Nicholas J. Planamento and Howard Meinke to
the Architectural Review Committee for a 3 year term effective immediately through March
31, 2014.
March 29, 2011 Page 30
Southold Town Board Meeting Minutes
~ Vote:Re.rd: R~i~tlon RES-2011-291
[] Adopted
[] Adopted as Amended
[] Defeated ~s/Aye No/Nay Abstain Absent
[] Tabled William Ruland Initiator I¢1 [] [] []
[] Withdrawn Vincent Or and0 Seconder ~ [] : [] El
[] Supervisor's Appt Christopher Talbot Voter ~ [] [] []
[] Tax Receiver's Appt ~ibert ~Ski J~i ~oter ~ F1 f3 []
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] : [2] VI
[] Supt Hgwys Appt
[] No Action
2011-292
CATEGORY:
DEPARTMENT:
Committee Appointment
Town Clerk
Appoint Christopher Showalter and Reappoint Cathy Sleckrnan to the Board of Ethics
RESOLVED the Town Board of the Town of Southold hereby appoints Christopher
Showalter to the Board of Ethics for a 4 year term effective immediately throu~_~ March
31~ 2015 and reappoints Cathy Sleckman to the Board of Ethics for a 5 year term effective
immediately through March 31, 2016.
Vote Record- Resolution RES-2011~292
[] Adopted
[] Adopted as Amended
[] Defeated ~ Yes/Aye No/Nay : Abstain Absent
[] Tabled William Ruland Voter [] [] [2] []
[] Withdrawn Vincent Orlando Initiator [] [] [] []
[] Supervisor's Appt Christopher Talbot Voter [] [] [] []
[] Tax Receivegs Appt Albert Krupski Jr. Seconder [] [] [] []
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter fi] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-293
CATEGORY:
DEPARTMENT:
Committee Appointment
Town Clerk
Reappoint Peter A. Young, Derek Bossen, Charles D. Hardy, and John E. McGreevy to the Conservation
Advisory Council
RESOLVED the Town Board of the Town of Southold hereby reappoints Peter A. Young~
Derek Bossen~ Charles D. Hardy~ and John E. McGreevy to the Conservation Advisory
Council for a 2 year term, effective immediately through March 31, 2013.
March 29, 2011
Southold Town Board Meeting Minutes
Page 31
r' V0te R~eord, Re~0iuti0n 112~S-20i i,293
[] Adopted
[] Adopted as Amended
[] Defeated ~ Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Voter I~ [] [] []
[] Withdrawn ~in~ ~i~ri0 ~d~ ~ F1 ~ FI
[] Supervisor's Appt Christopher Talbot Voter [] [] [] []
[] Tax Receivers Appt A!be~ ~pski J~ In!tiatpr ~ [2] []
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-294
CATEGOR~
DEPARTMEN~
Committee Appointment
Town Clerk
Appoint Alice Hussie and Reappoint John Betsch, John Haas, John Rasweiler, John Rumpler, IV, Jeff
Standish and Adam West to the Deer Management Committee
RESOLVED the Town Board of the Town of Southold hereby appoints Alice Hussie and
reappoints John Betsch~ John Haas~ John Rasweiler~ John Rumpler~ IV~ Jeff Standish and
Adam West to the Deer Management Committee for a 2 year term effective immediately
through March 31, 2013.
Vote Re~ord - Resolution RES-2011~294
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Absta n Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Vincent Orlando Voter [] [] [] []
[] Supervisor's Appt Christopher Taibot Seconder gl [] [] []
[] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] []
[] Rescinded Louisa P. Evans Initiator [] [] : [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-295
CATEGORY:
DEPARTMENT:
Committee Appointment
Town Clerk
Appoint Frederick Andrews and Daniel Sarnowski and Reappoint LeRoy Heyliger to the Housing
Advisory Committee
RESOLVED the Town Board of the Town of Southold hereby appoints Frederick Andrews to
the Housing Advisory, Committee for a 1 year term effective immediately through March 31,
2012 and appoints Daniel Sarnowski and reappoints LeRoy Heyliger to the Housing
Advisory Committee for a 3 year term effective immediately through March 31, 2014.
March 29, 2011 Page 32
Southold Town Board Meeting Minutes
Vote Record: ~olfi~ion RESt2011.295
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No,Nay Abstain Absent
[] Tabled William Ruland Voter F~ [] [] []
[] Withdrawn vin~eni Orlando Voter [] [] [] []
[] Supervisor's Appt C~0Pher Ta!b~ ~!fia!0? [] [] [] []
[] Tax Receiver's Appt ~!bert ~ski Jr~ yo~er 0 D [] []
[] Rescinded Lonisa P. Evans Seconder [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-296
CATEGOR~
DEPARTMENT:
Committee Appointment
Town Clerk
Reappoint Joseph Borrelli and Denis Salzman to the Police Advisory Committee
RESOLVED the Town Board of the Town of Southold hereby reappoints Joseph Borrelli and
Denis Salzman to the Police Advisory Committee for a 3 year term effective immediately
through March 31,2014.
~ V0te Rec0rd ~ Resoiutt0n RES-2011-296
~ Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Initiator [] [] [] []
[] Withdrawn Vincent Orlando Seconder [] [3 [] []
[] Supervisor's Appt Christopher Talbot Voter [] [] [3 []
[] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] []
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt se0~t Russell Voter [~ [] [23 [3
[] Supt Hgwys Appt
[] No Action
2011-297
CATEGOR~
DEPARTMENT:
Committee Appointment
Town Clerk
Reappoint Carlos Gonzalez, John Betsch and Michael Kurz to the Parks, Beaches and Recreation
Committee
RESOLVED the Town Board of the Town of Southold hereby reappoints Carlos Gonzalez
and John Betseh to the Parks, Beaches and Recreation Committee for a 2 year term effective
immediately through March 31, 2013 and Michael Kurz for a 3 year term effective immediately
through March 31, 2014.
March 29, 2011
Southold Town Board Meeting Minutes
Page 33
[] Adopted
[] Adopted as Amended
rn Defeated ~es/Aye Np~Na~ Abst~!n ~bs~t
[] Tabled William Ruland Voter [] [] [] []
El Withdrawn vincent Orlando Inifiai0r [] [] []
[] Supervisor's Appt Christopher Talbot Vo~er [] [] [] []
[] Tax Receiver's Appt A!b~ ~psk! lt-: Seconder [] 0 C] []
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-298
C/I TEGOR Y:
DEP/IRTMENT:
Committee Appointment
Town Clerk
Reappoint Margaret Brown and Frank Field to the Transportation Commission
RESOLVED the Town Board of the Town of Southold hereby reappoints Margaret Brown
and Frank Field to the Transportation Commission for a 3 year term effective immediately
though March 31, 2014.
~' v0te ReCOl-d .; Res01utl0n R$;S,2011-298
[] Adopted
[] Adopted as Amended
[] Defeated yes/~y~ INfaNcy ~b~in Absent
0 Tabl~ William Ruled Vot~ ~ ~ 0 ~
O Wi~dmm Vinc~t Orlando S~ond~ ~ : O ~ ~
0 Sup~isofs Appt C~istoph~ Talbot Vot~ ~ 0 ~ 0
~ T~ Receiv~'s Appt ~lb~ Kmpski Jr. Initiator
~ Resc~d~ ~uisa P. Evans Voter ~ ~ ~ ~
~ To~ Cl~k's Appt Scott Russell Voter ~ ~ ~ ~
~ Supt Hg~s Appt
~ No Action
2011-299
C.d TE GO R Y:
DEPARTMENT:
Committee Appointment
Town Clerk
Reappoint Gerard Orientale, Derek Bossen and Peter Burr to the Tree Committee
RESOLVED the Town Board of the Town of Southold hereby reappoints Gerard Orientale~
Derek Bossen and Peter Burr to the Tree Committee for a 3 year term effective immediately
through March 31, 2014.
March 29, 2011 Page 34
Southold Town Board Meeting Minutes
[] Adopted
[] Adopted as Amended
[] Defeated ~es/Ay~ N~0~a~ ~b~ta[~ Abs~t
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Vincent Orlando Voter [] [] [] []
[] Supervisor's Appt Christ0pher Taib0t Seconder [] [] [] []
[] Tax Receiver's Appt Albe~t ~PSk! J[, ~o~er ~ ~ [2] []
[] Rescinded Louisa P. Evans Initiator [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [Z [2] r3 []
[] Supt Hgwys Appt
[] No Action
2011-300
CATEGORY:
DEPARTMENT:
Committee Appointment
Town Clerk
Reappoint Andrea Nydegger, deff Standish, Bill Brewer and Karen McLaughlin to the Youth Bureau
RESOLVED the Town Board of the Town of Southold hereby reappoints Andrea Nvdeeeer.
Jeff Standish~ Bill Brewer and Karen McLaughlin to the Youth Bureau for a 2 year term
effective immediately through March 31, 2013.
~v0te Record- Resolution RES-201i-300
[] Adopted
[] Adopted as Amended
[] Defeated ~s!AY~ N~I'4ay Abstain Abs~t
[] Tabled William Ruland Seconder [] [] [] []
[] Withdrawn Vincent Orlando Voter [] [] [] []
[] Supervisor's Appt Christopher Talbot Initiator [] [] [] []
[] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] []
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-301
CATEGORY: Contracts, Lease & Agreements
DEPARTMENT: Town Attorney
Authorizes and Directs Supervisor S~ott A. Russell to Execute a Memorandum of Understanding Between
the Town of SouthoM and the North Fork Animal Welfare League, Inc. Regarding a One Month Extension
of the Current Agreement
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute a Memorandum of Understanding between the
Town of Southold and the North Fork Animal Welfare League~ Inc. regarding a one month
extension of the current Agreement, subject to the approval of the Town Attorney.
March 29, 2011
Southold Town Board Meeting Minutes
Page 35
~ Yore R~ozd; Res01ation RES~2011-30i
[] Adopted
[] Adopted as Amended
[] Defeated yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland : Initiator [] [] [] []
[] Withdrawn Vincent Orlando Sec0mler [] r-I F1 []
[] Supervisors Appt ChriStoPher ~ibot Voter [] [] [3 []
[] Tax Receiver's Appt ~!b~ Faupski Jr: ~?ter [] [] [] []
El Rescinded , Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-302
CATEGORY:
D EP.~IR TME NT:
Appeals
Town Attomey
Orient Y~harf Company Findings/CEM Appeal
WHEREAS, the Board of Trustees on August 18, 2010 granted the application of Orient Wharf
Company (the "Applicant") for a permit to replace existing asphalt vehicle and access paving (an
approximately 17' portion) over fill on an existing wooden bulkhead structure with a new timber
deck, under the Coastal Erosion Hazard Areas Law (the "Law") of the Town of Southold; and
WHEREAS, on September 17, 2010, the adjacent property owners (David and Clare Air,
Timothy Frost and Margaret Minichini) submitted an application to the Town Board of the Town
of Southold, as the governing Coastal Erosion Hazard Board of Review, seeking to appeal the
determination of the Board of Trnstees, or in the alternative, seeking a modification of the permit
to include a requirement that Orient Wharf Company maintain a bulkhead and provide a 30-year
maintenance plan; and
WHEREAS, the Town Board did transmit a copy of the instant appeal to the New York State
Department of Environmental Conservation; and
WHEREAS, the Town Board conducted a duly noticed public hearing on the instant appeal with
an opportunity for all interested parties to be heard; and
WHEREAS, that the Town Board of the Town of Southold hereby finds that this action is
classified as a Type II Action pursuant to SEQRA Rules and Regulations, 6 NYCRR, Section
617; and
WHEREAS, the application has been reviewed pursuant to Chapter 268 (Waterfront
Consistency Review of the Town Code and the Local Waterfront Revitalization Program
("LWRP")); now, therefore, be it
RESOLVED that the Town Board of the Town of Southold does hereby adopt the Findings
and Determination dated March 29~ 2011~ granting the Application of the adjacent
properS, owners and directs the Orient Wharf Compan.y to reappl,y to the Board of
Trustees for further consideration; and be it further
March 29, 2011
Southold Town Board Meeting Minutes
Page 36
RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed
action is classified as a Type II Action and is not subject to review pursuant to SEQRA Rules
and Regulations for this action; and be it further
RESOLVED that the Town Board has determined that this action is exempt from LWRP
review; and be it further
RESOLVED that this Determination shall not affect or deprive any other agency of its properly
asserted jurisdiction, separate and apart from the proceedings under the Coastal Erosion Hazard
Areas Law considered herein.
~ ¥0t~ ~rd ~ Resoihtion RES-2011-30~
[] Adopted
[] Adopted as Amended
[] Defeated yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Voter [] [] : [] []
[] Withdrawn ~incem ~i~d~
[] Supervisor's Appt ~t~pher ~al~! Voter [] [] [] []
[] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] []
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
13 Supt Hgwys Appt
[] No Action
2011-303
CATEGOR~
DEPARTMEN~
Property Usage
Town Clerk
Southold High School Use of Cochran & Tasker Parks
RESOLVED that the Town Board of the Town of Southold hereby grants permission to
Southold High School to use Tasker and Cochran Park fields for high school baseball and
softball games from March 19~ 2011 through April 8~ 2011. There will be 13 games.
Applicant must file with the Town Clerk a One Million Dollar Certificate of Insurance naming
the Town of Southold as additional insured before the first event.
~ v0te Record - Resolati0n REs-20i 1;303
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Vincent Orlando Seconder [] [] [] []
[] Supervisor's Appt Christopher Talbot Voter [] [] [] []
[] Tax Receiver's Appt Albert Kmpski Jr. initiator [] [] [] []
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scoit Russell Voter [] [] : [] []
[] Supt Hgwys Appt
[] No Action
March 29, 2011
Southold Town Board Meeting Minutes
Page 37
Closing Statements
Supervisor Russell
SUPERVISOR RUSSELL: That concludes the business of the meeting. What I would like to do
is invite the audience to comment on any issue of mutual interest. Who would like to be first?
James Spanos, East Marion
JAMES SPANOS: Hi, my name is James Spanos, I am from East Marion. I just wanted to go
over some of the fears that are going through the business community on the new system that is
going to be implicated in the building department. It was, we went over a little bit of it in the
work session today and I, when it first came out in the paper in the Suffolk Times, I think the
Times got their facts wrong. It sounded like Chris was the initiator of the system and it went into
effect way before Chris was on the council, so I understand the fears of the citizens and the
businesses. You know, we don't want the town in our business and we don't want them up in
our households either. You know? And it is a legitimate fear. But I think the public needs to be
more informed on this system and educated so they understand that it is a proactive system to
allow the building department to function proper and be easier instead of how the Times made it
sound like a big brother us and bullying our business. Maybe you can elaborate on that?
COUNCILMAN TALBOT: The system you are talking about that was here before me was
what? The Municity?
MR. SPANOS: No, that was implicated before you. That was discussed in the work session.
COUNCILMAN TALBOT: Oh, Municity. It was and it was, it is supposed to be to help
everybody, not to hurt anybody. It is a computer system that ties all the different departments
together in town, building, zoning, planning and if applicants come in, they should be able to get
all their information in one spot and not have to be bounced around to different departments.
Where it was mentioned in the article regarding code enforcement, if a building inspector is out
doing inspections and he passes or fails something, he can document that right from a laptop in
his vehicle. It was in regards to code enforcement, he can search a code up and know if he needs
to enforce something in a particular way but it wasn't meant to be out there and document and
search particular individuals records, it can be used for that if somebody made a complaint in
regards to, one of the building inspectors brought it up today, in regards to a multi family
dwelling and if he simply clicked on the information of the property or the location of the
property, it may say on there that it is actually a legal two family dwelling or multi family
dwelling. So it is, that was, it was being implemented by Betty to get that Municity program but
it is supposed to be to help people, it is not supposed to be out there as a head hunter and going
out there and starting, shutting down businesses or knocking on people's doors.
COUNCILMAN KRUPSKI: It is also, and thanks to Betty Neville for really pursuing this and
for seeing the project through and for helping coordinate it for every town department and it is
part of, increasing efficiency as a government to help keep government small. You will need
actually less people because this information will be available to everybody.
March 29, 2011 Page 38
Southold Town Board Meeting Minutes
MR. SPANOS: That is great because I mean, the majority of the Board here is Republican and I
think we are all for small government, as well as you Mr. Krupski. I think and free market is
very important. We need to keep the market as free as possible, especially in an economy like
this where a lot of people are having a hard time and the more money the business community
makes I think we can pump more money into the government so that we can all function. Thank
you very much.
SUPERVISOR RUSSELL: I just want to clarify that the Municity is about, it is about making
government more functional and efficient. Will it make code enforcement more efficient? Sure,
that is one of the functions of government. The article in the paper focused on our reference to
Municity as making code enforcement easier and more efficient for the building department as a
whole. It shouldn't be up to just one individual there, it should be an effort by that entire
department. Also, I talk to business owners everyday. We were at a forum recently, myself and
the councilmen, where there were a lot of business owners that were saying we have all agreed to
live by one set of rules. It is not fair that some people chose not to. We don't want to lose
market share because some people don't want to honor the rules we have been honoring for
years. I will give you another example with regard to home improvement, many people, all the
local contractors know the process, they come in and get their building permits, they do what
they have to. But there are out of town contractors that affiliate themselves with these large box
store suppliers who will come out and do work with no building permit. That is not fair to local
contractors who know what the rules are and are following them. They are losing customers,
what little, what few customers that are out there they are losing because of contractors from up
west who are willing to do it without getting the building permits. It is meant to create that fair,
even, level playing field. Municity is going to help us get that done.
MR. SPANOS: Great. And what you said about some businesses are following the rules and
some not, you know, there is code enforcement and I have seen a lenience on some businesses
and more enforcement on others and I know Chris is all for code enforcement being equal across
the board and everybody I spoke to wants that and I know Louisa was speaking about that and
being a little worried about targeting the people in the community and she thinks this system will
not do that. We are hoping the targeting will cease and we can look at all the properties that are
functioning and how they are functioning within the code and allow the ones that are functioning
like others to continue to function. I can bring up dozens of examples of properties that are
working the same way, that have the same code as others and some are, some continue to operate
and some are being targeted. I am not going to go into that but what I am going to say is if there
is any doubt, if there is any sense of some kind of bullying going on, I hope the council, you
know, really steps back out of the box and looks at the broad spectrum before they act on any
code enforcement. Thank you very much.
SUPERVISOR RUSSELL: Thank you. Would anybody else like to, Ron?
Ron Morizzo, Southold
RON MORIZZO: Ron Morizzo, Kitchens and Baths. I have been in business for 31 years on
the north fork. I am just curious with this, this morning you had this discussion about code
enforcement and these computers and everything else which is supposed to make the job easier.
Well, the town is broke and their, you just raised the permit fees which I think is a little bit out of
March 29, 2011
Southold Town Board Meeting Minutes
Page 39
hand because when you are going in and doing cosmetic, $200 for a permit that doesn't require
drawings is out of line and I talked to you, Scott, about that about a year ago and you were
saying that, you know, we would try to lower it to make it easier for customers because
customers turn around and say, listen, this guy tells me I don't need a permit, this guy will go in
and do the job and it is ridiculous, now you are charging 40 cents a square foot on top of the
$200. There are other ways to raise revenue in the town. If the code enforcers would go out and
I don't think the computers are going to help them because without computers they cant' do it so
I don't think the computers are going to help them, they drive by jobs all day, every day and
never stop and question anybody in this town and it has been going on for 31 years, okay? They
will drive by a job four and five times and when you go down to the building department and
bring it to their attention, they label you a troublemaker, okay? Your code enforcer that you
have now, Damon, who is not listed on here, I went to make a complaint to him and he turned
around, put his hand up and said, yeah, yeah, you are always causing trouble like that and walked
away fi.om me. And that is ridiculous. Okay? These guys here, we have to get back to basics,
these guys here think they are think they, there is nobody that can touch them. You know? Back
in the old day, you did your job, you got paid, you were fine. You don't do you job, you got
fired. End of story, get out. You can't do your job, then you don't belong there. And it has been
going on, I am out here 31 years, it's going on for 31 years. They are not consistent, there have
been jobs where you have gone in and they, one inspector will come in and do the fi.ming
inspection, rough plumbing, the guy will come in and do the inspection at the end of the job and
fail the rough plumbing and the framing. How can you do that when your colleague, I have a
sticker here that says it passed and now you don't like it, it is his opinion. Okay? It is ridiculous
and it has been going on, there's so many people here on the weekends, no disrespect to the
Town Board, you guys do not have a clue on how much work is being done on a Saturday and
Sunday out here, I am talking whole decks being built, I am talking renovations. I can't believe
that nobody in the building department, nobody on the Town Board that lives in this town don't
see what is going on. There are jobs around the corner, right over here there was a job that was
going on. Nobody saw it. Oh, I don't drive that way. Oh, I wasn't going in that direction. It is
happening all the time. And like you said, and I agreed with you Scott, there is a lot of guys
coming out here from out of the area, that are coming out here, they are doing the job, no
permits. They are doing, I call them schlockmeisters, they are doing a horrible job, they are
screwing the public because they are doing bad job, it is a safety issue and everything else. And
other towns, if you have a county license, other towns require you to have a town license. I still
have my Southold town license, # 267 from 30 years ago. The consumer affairs came out here
and sold the Town Board a bill of goods that don't worry about, we will come out and we will
govern the whole thing, you don't have to do it anymore and they never did a damn thing with it.
There is a way to make revenue for the town. You know what? Your out of town contractor
wants to come in here, you have to be licensed, you have to get a town permit, you have to get a
town license. Charge the people. There is so many other ways to do this and these guys here, I
am sorry, they don't do their job. They really don't do their job. They walk around with horse
blinders, if you go in and say something then you are labeled a bad guy or you are labeled a pain
in the neck, you know, it is ridiculous and computers are not going to solve this problem.
SUPERVISOR RUSSELL: You know, Ron, I agree. And I am thinking the whole time you are
saying that, the idea of having the building department come in today was to let them know that
March 29, 2011 Page 40
Southold Town Board Meeting Minutes
Municity is a tool that we are providing for them. The idea today was to outline expectations of
that department, that it is a department of four individuals that should be out enforcing the code
and when we talk about the code we mean the state building code and the town code, anything
related to zoning. The three building inspectors were here today, it is not just a one man job, it is
not just the zoning inspector. It is all of them and the idea was, Municity is going to be a tool
that is going to help you do it but we expect you to do it. That was the essential reason we had
them come in today.
MR. MORIZZO: Well, I hope you see something maybe I don't see but you know what, 31
years, it hasn't happened and I don't think computers, I mean, just driving down the road and
opening your eyes and looking at what's going on. Okay? If you guys, here is a way to make
revenue, town needs money, you can have code enforcers, get somebody out there on a Saturday,
you can probably make $5,000 in fines on a Saturday and Sunday, riding around looking at what
is going on out here. And it is not only illegal contractors coming from up island, it is some
contractors, I hate to say this but there are contractors in this town that are doing it, too, that are
legitimate. And one of the reasons is with the fees, because you have got to go to the town to get
the permit to do the bathroom and the window, you know, to change a window. The other thing
is that all these people, they claim that they don't know what is going on. Oh, I don't know we
don't have to change a window. I talked to three contractors, they told me you don't have to get
a permit to change a window. So I told them they need a permit and they look at me like I am
nuts, so I don't get the job, they don't even call me back they go with the other guy and you
know, these windows are going in, siding and everything. And it is the same thing.
SUPERVISOR RUSSELL: The, I have to say, I agree. I can't, it has been frustrating, for five
years we have been trying to focus more on code enforcement and an even-handed approach, I
agree. You know, all the tools and all the Municities in the world aren't going to make the
process better if people aren't willing to use the tools. Again, we had that meeting today to let
them know what we expect from them. But we understand that there is ....
MR. MORIZZO: It is not fair to the business community.
COUNCILMAN TALBOT: No, it is not. I disagree with you on the fees. We didn't raise the
fees, in a couple of instances, we did but what we did was we eliminated freebies. There was a,
you know there was a permit, if you get the first 850 square feet are free, why would it be free?
You still got to get a review from the building department, you still got to get a permit issued,
there is no reason why anything should be free on there.
MR. MORIZZO: I am not saying it should be free, what I am saying is you can't ....
COUNCILMAN TALBOT: That is what we eliminated, the part that was free.
MR. MORIZZO: Yeah, but that has nothing to do with it, you change ....
COUNCILMAN TALBOT: It certainly does.
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MR. MORIZZO: Why should you have to pay $200 to change three windows in your house?
There is no plan required, there is no inspection required cause they don't come out to look at it,
so why would you have to pay $200 for that and $50 for a CO. A hundred dollars is fine, I am
not saying eliminating it totally.
COUNCILMAN TALBOT: No, if you are filing for a building permit, there has got to be
inspections done on it. There wouldn't be a need for permit then.
SUPERVISOR RUSSELL: Can I just ....
MR. MORIZZO: When you do cosmetics to a bathroom and you are changing the tile in the
bathroom and you change the faucets ....
COUNCILMAN TALBOT: You wouldn't need a permit for that.
MR. MORIZZO: Yes, you do.
SUPERVISOR RUSSELL: Okay, let me just ....
MR. MORIZZO: Well, see, that is the problem.
SUPERVISOR RUSSELL: This is the subjectivity of this particular industry. I know there have
been occasions in the past where you have been stopped because a building inspector decided
you needed a building permit and I have seen other work go out there regularly that far, far
exceeded what you were doing that for some reason didn't require a permit. That is subjectivity.
MR. MORIZZO: No, we were doing a repair. We found...
SUPERVISOR RUSSELL: Alright.
MR. MORIZZO: We were just doing cosmetics on a bathroom and my guys found a rotten floor
beam, so we replaced it and we got a stop work order because we replaced a rotten beam that
most guys just would have left there.
SUPERVISOR RUSSELL: Let me just explain, the Town Board at the same time we did away
with the exemption on the fees, we also instructed the building department to no longer require
engineering or architects plans in certain aspects. Because what we are trying to do is get rid of
the soft costs that people don't want to pay. If you are building a deck and you are a perfectly
competent builder, there is no reason why you should go to an engineer and get that signed off,
that is another $2,000.
MR. MORIZZO: I understand that but when you are doing a bathroom or a kitchen and you are
just changing kitchen cabinets and the countertop or you are doing a bathroom and you are
remodeling the bathroom and you are not moving a wall, you are not changing anything except
the floor, the tile, the walls and everything else, to charge $200 for a permit with no drawings
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necessary is ridiculous.
COUNCILMAN TALBOT: I disagree with you on that because if it was just changing the
countertops ....
MR. MORIZZO: What are you going to inspect? What are you going to inspect on the tile?
COUNCILMAN TALBOT: If you would let me speak a second there, Ron, if you are going to
change just the countertops and the kitchen cabinets, then you wouldn't need a building permit.
If you are going to relocate the kitchen sink, the plumbing, if you were going to add and move
electric, which 99 % of the time when you are redoing a kitchen, then it requires a building
permit.
MR. MORIZZO: I understand that, but if you are not doing those things...
COUNCILMAN TALBOT: Then you wouldn't...
MR. MORIZZO: This is the problem with the interpretation with between what you are saying
and the building inspector is saying. One guy says you need a permit, another guy says you
don't need a permit, this guy says I am not sure you need a permit. That is my point.
COUNCILMAN TALBOT: Something simple ....
MR. MORIZZO: I get a permit for everything, okay? I am probably one of the only guys in
town that is in there all the time getting a permit for everything, okay? We get a permit for
everything, just so I don't have to run into this nonsense because of the fact that nobody can
make up their mind and there is no set plan that anybody is following. Because you can go into
the building department and get five other answers. And you are a building inspector.
SUPERVISOR RUSSELL: We are trying to ....
MR. MORIZZO: Right?
COUNCILMAN TALBOT: Absolutely and I have a problem with that.
SUPERVISOR RUSSELL: Municity is about trying to bring about conformity, consistency
from all of the departments in town government. We hear you, we know it is there. A little bit
far afield on the particular issue but.
MR. MORIZZO: I understand nothing is perfect but it is either yes or no, that is simple.
COUNCILMAN TALBOT: There are always some grey areas but the worst thing in the world
is getting five different answers from people but something as simple as that, if you were
changing things like that and they said you got to get a building permit for this and it didn't
require you relocating any plumbing, which would kick in for a building permit or you doing any
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Page 43
additional wiring, stuff like that, minimal wiring, relocating, sliding some boxes over, a simple
question of you show me in the code where it requires me to get a building permit.
MR. MORIZZO: I am not going to argue with them.
COUNCILMAN TALBOT: Well, then...
MR. MORIZZO: I am not going to argue with them, why do I want to argue with them and then
I go out and do the job and the next thing, I get slapped with a fine because I didn't get a permit
because they decided that it did need a permit. That is the point, okay? Make the rules, you write
them down and everybody has to follow them.
COUNCILMAN TALBOT: Well, we, what, the things that we did, we tried to make it easier to
get permits and I can appreciate you getting permits for everything. We were trying to make this
whole process easier so people wouldn't have a problem coming in and getting those permits. It
is not, you are certainly being aboveboard when you come out and get a permit for everything
and I would have a problem if you just were changing kitchen cabinets and the countertops
where you had to get a permit for it where you weren't doing the electric and the plumbing end
of it. We are trying to make the whole system easier for everybody so it makes the whole system
user friendly and makes more people want to come in and get those permits. We are never going
to stop everybody from doing work without those permits but we, the first part was putting the
thing in process, the town board did to make the permit process easier for everybody. And we
hope that more people will do like you have done and get the permits before having to be
stopped, because that (inaudible)...
MR. MORIZZO: Right, the only problem with that is half the time you lose the job because you
tell the people you have to get a permit because that is what they. If you are changing a kitchen
and you are changing a countertop and you are changing a faucet, why do you need a permit to
change a faucet?
COUNCILMAN TALBOT: You wouldn't need to get a permit for that.
MR. MORIZZO: Well, then you need to talk to your building inspectors, okay?
COUNCILMAN TALBOT: As long as that is all that you were doing.
MR. MORIZZO: I have no reason to lie. I am not making up the story...
COUNCILMAN TALBOT: No, you don't. You know as well as anybody it is not always as
clear cut as that.
MR. MORIZZO: That is the problem. The building department has to be clear cut, there has to
be rules and they have to be this is the rule.
COUNCILMAN TALBOT: Well, we are talking about two different things. If you just said,
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hey, I am changing the faucet, I am changing the cabinets, I am changing the countertop, no, it
wouldn't need a permit.
MR. MORIZZO: But they tell you you do.
COUNCILMAN TALBOT: There are two sides to every story, I would have to listen to that
side of it as well. I would like to be sitting in here and hear them tell you that.
MR. MORIZZO: They tell you you do. I have to write letters on letterhead, I am changing the
sheetrock, I am tiling, I am changing the toilet, I am putting in a new vanity. So what kind of
inspections do you have on that? There is no inspections for that but you have to get a permit
and you have got to get a CO, so...
COUNCILMAN TALBOT: Unless you are relocating any of those plumbing fixtures, then you
are not required to get a permit.
MR. MORIZZO: Then you need to talk to your building inspectors and you need to tell them
that there is no grey areas and you can't interpret this, it is either yes or no. It cannot be an
interpretation.
COUNCILMAN TALBOT: It is not always as easy as yes or not but I can appreciate what you
are saying.
MR. MORIZZO: How can it not be yes or no between whether you need it or not?
COUNCILMAN TALBOT: Well, because when you, if it is not relocating any of the plumbing
like I said, you are not adding new any new electric, then it doesn't require a permit.
JUSTICE EVANS: You are not changing the structure.
COUNCILMAN TALBOT: But when you get into the middle of it, a lot of times we will say,
you are just better getting an interior alteration permit for something like this because if you are
going to do something more. Hey, if you are doing just like I said, it is as simple as that, if you
are just doing the counters and the cabinets ....
MR. MORIZZO: But you see, that is interpretation, well, just in case you are going to do
something else, you are going to do something more.
COUNCILMAN TALBOT: You can talk about this from ten times till next Tuesday
MR. MORIZZO: That is not fair.
COUNCILMAN TALBOT: No, you like to spin stuff on this. If you are doing just the
countettops and just the, you know, changing the cabinet and the countertops, it certainly does
not require a building permit. And next time you do that ....
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MR. MORIZZO: Well, a good, reputable contractor, if he was doing the job and he found that
there is something wrong and there was a structural thing, then he would come in and say listen,
this is what I found, I need a permit, this is what I have to do, do I need drawings? Fine.
COUNCILMAN TALBOT: Right.
MR. MORIZZO: Then...
COUNCILMAN TALBOT: No, if you were, well, there you go, that is as good as it can get.
MR. MORIZZO: Right. But you don't, you should have to have that permit for that bathroom
but yes, they do require it.
COUNCILMAN TALBOT: No. If that is the case and you are changing out fixtures in the
bathroom, do me a favor, contact us and we will come down and review that. I mean, that is
ridiculous.
MR. MORIZZO: Okay. Talk to the building department.
COUNCILMAN TALBOT: I would like to see that, the next one that happens.
MR. MORIZZO: Thank you.
COUNCILMAN TALBOT: Thank you.
Cy Lukeman, Orient
CY LUKEMAN: Good afternoon, my name is Cy Lukeman. I am noticing points Ron had
made and one thing I think, issues are getting mixed and one thing that I think would really help
is if the trades themselves established a trades council. Policing ourselves wouldn't be the worst
thing in the world. I have actually, Ron says he has never seen anyone get stopped, I have been
on two jobs that have been stopped in the last few months and there is hardly any work going on,
so I know the building department must be doing something. They are out there and one
situation was, we were starting a kitchen and went larger than the family originally thought. So
what we got into, we had to stop and another one was, none of us thought we would need a
permit, we were just re-roofing a garage, swinging some doors around but they considered that
structural. How structural was it? That is one of those gray areas. But someone, one of the
neighbors made a call, the building inspectors showed up, gave a stop work order, we complied,
got them a drawing and we continued our work. So I can't say that the building department
doesn't shut down jobs because they, I don't think I am singled out and so I know they are out
there doing something. On the other point though that, getting a permit for everything, changing
windows? I don't believe that it is a structural issue. I think you can do replacement windows
without a permit. You seem to indicate no, Mr. Supervisor.
SUPERVISOR RUSSELL: The problem is, the town board some years ago did away with the
requirement for window replacement specifically. Unfortunately the state changed the building
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code just a few years after that, requiring if you are replacing a certain percentage of your
windows, because of the energy efficiency issues so that although in many cases there is no
structural issue with a replacement, the state wants to make sure you are complying with energy
standards that they set through the state building code. So it depends on, Chris could probably
speak to the issue better than me but...
MR. LUKEMAN: Right. There was a former town building inspector, Bruno Semon, who
when I was doing work on my parent's home on Village Lane, I was also coaching his kid in
Little League and he comes up to me and says you can't do any more work on your parents
house, I said are you out of your mind? He said yeah, you are exceeding the amount of windows
you can change out. Again, that is a gray area. I think if people are improving their homes, we
should just be grateful.
SUPERVISOR RUSSELL: I agree.
MR. LUKEMAN: I don't see a problem with the permits being increased in fees, I think the idea
of charging outside contractors that do not live in the community or even if members of the
community but a town license would be advisable to look at that, this way again, we could create
a trades council to police ourselves because I spent my earlier years learning instruction here, I
went into the city, twelve years, ten years of doing construction there, I don't think I ran into
maybe three building inspectors at any time in high rises. It was amazing. Everything got done
beautifully well. And what I am finding interesting is that the quality of work that I have seen,
that we have gone to on jobs and replaced and fixed and repair, there are tradesmen in town that
are just horrendous. And how it gets through the inspections, that is another thing. So there are
concerns. I can see what Ron is saying but it is not as bad as it sounds and it is not as good as it
is. Or as it should be. And some of it is the trades themselves need to police themselves and the
other is that the building department, the idea is I thought is to get us so that we are all working
together, make it easy. We come in, submit our plans, we leave with prompt answers and correct
answers. So maybe it is not so much a code review but it is a code clarification. That is what I
think we are really heading towards. That is what I hope we are heading towards. That is what I
hope we are heading for. Thank you very much.
SUPERVISOR RUSSELL: I think a trades council is an excellent idea, for several reasons.
First, we struggle with the same issues contractors do because the state changes the building code
so frequently and a lot of that, we tend to get a lot of the blame for state changes to state building
code but I think a local trades council is an excellent idea, the could be a very good advocate for
that industry.
MR. LUKEMAN: Okay, maybe we will move that forward. Thank you.
SUPERVISOR RUSSELL: Okay. Would anybody else like to address the town board?
Ron Morizzo
MR. MORRIZZO: Is the town board going to hire any new code enforcers?
SUPERVISOR RUSSELL: In the current budget, it would be unlikely. I would love the idea of
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Page 47
hiring someone part-time to work specifically weekends but I would need to find an allocation in
the current budget which is lean, to say the least, to do that. That is something, you know, that
we will take up in the future but right now there is simply no revenue and just no extra in the
budget to do that.
James Spanos
MR. SPANOS: This Municity
SUPERVISOR RUSSELL: Municity.
MR. SPANOS: Municity. In the furore do you think it will take over some work and maybe cut
people from the building department?
SUPERVISOR RUSSELL: That is a pretty lean staff now. I would guess it is not likely, the
problem is, the inspections still need to get done. Municity is going to help people get the job
done better but it is a pretty lean staff as it is right now. It is smaller than it has been at any time,
I have been working here since 1990, so it certainly is smaller now than it has been in any of that
previous time.
MR. SPANOS: Because Southold Town is the largest employer out here, you know, so I mean,
you guys, you need to generate a lot of money to keep everybody employed.
SUPERVISOR RUSSELL: We are actually not the largest employer, by a mile we are not. But
well, governmental entitity's collectively probably are but you have the hospital, I think Peconic
Landing probably employ's more people than we do. There are plenty of employers out here
that employee more but certainly you know, again Municity isn't just about creating revenue or
doing away with jobs, it is about serving the public better.
MR. SPANOS: How about the systems that are out there that can do away with some of the jobs
because I am sure you can find them.
SUPERVISOR RUSSELL: How do you think we, we have been eliminating jobs every year for
a few years now, we have been eliminating. The payroll has been reduced pretty substantially,
we rolled out our own retirement incentive just two years ago when it didn't look like the state
was going to offer one, we offered our own in house, we will pay you cash to retire. That
eliminated several jobs and just this past year, we participated in the state, when they did adopt a
state retirement incentive and again eliminated more positions. We have consolidated, the code
enforcement officer that was mentioned earlier, that actually, we eliminated the position when
the original code enforcement officer left, we then took an existing employee, moved him into
that position and abolished the other position. It is about consolidating these fimctions. That is,
things like Municity are helping us do that by eliminating the head count which really is the
driving force in our budget, no doubt about it.
COUNCILMAN TALBOT: Ron, just one point on those computers, it wasn't an extra purchase,
they are actually replacing desk top set where these guys were already using as well. Not a big
savings but it was kind of a lateral move on it.
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Ron Morizzo
MR. MORIZZO: And how long, do you have a time frame, like you are saying you will give
this a year to see how it works.'?
COUNCILMAN TALBOT: What?
MR. MORIZZO: The computers that the building inspectors ....
COUNCILMAN TALBOT: No, this should just be implemented and these guys, it just should
be another tool to make things easier. If you were back at the office or something and didn't go
to the job that they inspected, you should be able to call and these guys or one persons in the
office should be able to say as a matter of fact, he was there an hour ago and the thing failed and
this is the reason why or the thing passed and this is the reason, everything is good to sheetrock.
So you should be able to get those answers a little quicker without having to even go back to
those jobs. They should be able to log them in from the field that they passed the inspection.
Supervisor Russell
SUPERVISOR RUSSELL: There are so many applications, the efficiencies are going to take
time because people need to learn how to use the new program. But I will give you an example
of a lady who had to get a building, I am sorry, she got the building inspection for a deck with
lighting and she needed the underwriters certificate so she, that is what was said in the field, she
went and got the underwriter to do the inspection, she paid $150 whatever it is, only to find out
later that they had one that the husband had ordered a year earlier when the deck was done. It is
those little glitches that, you know, again, municity is taking all this data and putting it on one
screen for all the different offices. Eliminate the little inconveniences. Anyone else? (No
response)
Motion To: Adjourn Town Board Meeting
RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:32
P.M.
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Christopher Talbot, Councilman
SECONDER: William Ruland, Councilman
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell