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Home My WebLink AboutTB-04/12/2011ELIZABETH 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 April 12, 2011 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, April 12, 2011 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 7:30 PM with the Pledge of Allegiance to the Flag. Call to Order 7:30 PM Meeting called to order on April 12, 2011 at Meeting Hall, 53095 Route 25, Southold, NY. I. Reports 1. Town Clerk Monthly Report 2. Justice Bruer Monthly Report 3. ZBA Monthly Report 4. Trustees Monthly Report 5. LWRP Year End Report 6. Building Department Monthly Report 7. Monthly Budget Report 8. NFAWL Financial Statement 9. Recreation Department Monthly Report 10. Code Department Monthly Report 11. Human Resource Center 12. Special Projects Coordinator II. Public Notices Liquor License Renewals III. Communications IV. Discussion 1. 9:00 A.M. 2. 9:30 A.M. - Lloyd Reisenberg 3. 10:00 A.M. - Lloyd Reisenberg, James Richter, Jim McMahon 4. 10:30 A.M. - Leslie Weisman & Jim Dinizio, ZBA April 12, 2011 Page 2 Southold Town Board Meeting Minutes 5. 11:00 A.M. - Mark Terry 6. TCO in Greenport 7. Public Water on Soundview Avenue 8. Councilman Vincent Orlando, Parks & Recreation Committee 9. Senior Citizens Exemption Local Law 10. Amendments to Chapter 144 11. Cater Permits LocalLaw 12. Request for Reconsideration of FOIL Appeal of Benja Schwartz 13. Recommendation of Transportation Commission 14. Appointment to Land Preservation Committee 15. 12:15 P.M. - Executive Session - Melissa Spiro, John Cushman 16. Executive Session - Litigation 17. Executive Session - Labor Pledge to the Flag Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance. Thank you. I would ask anybody that would like to address any of the items that are on the agenda should feel free to come up now and speak on the items. We do have I think two local laws that are scheduled, anybody that wants to comment on those local laws will be given the opportunity in the very near future. After the business of the meeting concludes, obviously we will open the floor and you can address any item of mutual interest that you want to. Benja Schwartz, Cutchogue BENJA SCHWARTZ: Benja Schwartz, Cutchogue. First I just wanted to ask if you could clarify on, I got the numbers from the tentative agenda, I am hoping it hasn't changed too much, resolutions 308, 310, 315 and 316, all involve hiring, I think they are all hiring civil service employees and there's notations on the last two resolutions that there is no list or something so that we are hiring provisional, I just wonder if you can explain that, how, when we hire civil service employees, we don't just get to go out and hire somebody, we have to go to, what do we have a town list and a county list? SUPERVISOR RUSSELL: Well, typically when there is a position open and it is a classified, a position classified by the Department of Civil Service, our first requirement is to canvass for the list. There's two lists. We can call for a preferred list, which would be town residents. After that list is expired, in other words if you didn't find a candidate among that list, then you could go to the county-wide list. Many times lists expire, so what you can do is call the county and say we need to hire planner trainees, we need that list. Civil Service says we haven't given a test in awhile, so there is no list right now. So that gives the town the authority to cast a wide net, look through all the resumes, have anybody submit for the position and then go through a regular vetting process screening. Those two planner trainees are hired provisionally. That means there is no existing civil service list, they would be hired and then they would have one year I believe, to pass the civil service test that is pertinent to that position. In the other case, the justice court clerk, that actually is a civil service list, the lady we are hiring is on the civil service list. April 12, 2011 Page 3 Southold Town Board Meeting Minutes MR. SCHWARTZ: The county or the town? SUPERVISOR RUSSELL: The county. MR. SCHWARTZ: So there was no town list on that? SUPERVISOR RUSSELL: I don't believe we had much of a list at all. They would need at least three employees to even consider the list workable. I .... MR. SCHWARTZ: You are not required to go to the town list, you just have .... SUPERVISOR RUSSELL: No, no. We are not required to but we generally, our first goal is to hire town employees. This particular individual is already employed by the town, she works at the police department. She is accepting a new position that is about half of what her current salary is because I think she was, I can't answer for her but as a dispatcher she works shifts, you know, midnights etc. and I think this offered her an opportunity to go to a more 8 to 4 setting which is more consistent with what the family needs are. MR. SCHWARTZ: Pump out boat operator, I guess that is not a civil service title? SUPERVISOR RUSSELL: It is a civil service title, even part time. And we have to go through, there is no pending list but we do have to hire someone that meets the credentials outlined by civil service. It is a very difficult position to fill because typically they look for hundreds of hours of boating expertise, that position, ideally for a young college kid. He just doesn't have the hours logged, so it has been very difficult to fill those positions over the years. MR. SCHWARTZ: But you have found somebody? SUPERVISOR RUSSELL: Yes. COUNCILMAN KRUPSKI: He has been with us, fortunately he has been with us for years. MR. SCHWARTZ: He is on the list. SUPERVISOR RUSSELL: That is just one, we actually have two part time positions here. COUNCILMAN KRUPSKI: No, it is a good question. The civil service hiring thing is really complicated and whenever we hire we always have this long, drawn out discussion about all our different options, so we always get advice from .... MR. SCHWARTZ: I am just a little confused on the justice court, if there was a town list or not. SUPERVISOR RUSSELL: There may very well have been. I honestly don't know, I can ask the justices who posted for the position. April 12, 2011 Page 4 Southold Town Board Meeting Minutes MR. SCHWARTZ: But you have the option of going to the county list. SUPERVISOR RUSSELL: That is right. JUSTICE EVANS: I think when where we can't, we call for a town list. There is not always a town list. COUNCILMAN TALBOT: You know what? It came, it was first advertised as a Spanish speaking position and there was only one applicant and they drove from Central Islip or something and got out to about exit 62 and then called and said forget it, I am not interested. MR. SCHWARTZ: Okay. Are we, on the agenda this morning, did you start a new policy or something, having 9:00 to 9:30 basically an open discussion without an agenda? SUPERVISOR RUSSELL: No. MR. SCHWARTZ: Because there was nothing on the agenda at 9:00 and you seemed to just .... SUPERVISOR RUSSELL: Well, typically the work session starts at 9:00. We have scheduled appointments, rather than languish, we will go on and move on to other items, waiting for t hose appointments to appear. We have scheduled appointments and we schedule the appointments around their availability and sometimes if they are scheduled for 9:30 and they are not going to be here until 9:30 we will move on to the other items that are on the agenda. MR. SCHWARTZ: But I thought usually you had something for 9:00. SUPERVISOR RUSSELL: It depends on the availability of the people that we are trying to schedule. MR. SCHWARTZ: Because it seemed like you were bringing up subjects that were not on the agenda, anywhere on the agenda this morning, which is fine. I think it is good to be spontaneous and improvise but you know, the only problem with doing that, I thought it was kind of a good thing to you know, at a work session, to have a little discussion without needing an agenda but unfortunately, there is no recording and no minutes taken then I think people might not know that you are discussing certain subjects and at least maybe it should be clear that if you are going to be bringing up items that are not on the agenda, I mean, we have discussed the possibility, I noticed Southampton town has their regular meetings and their work sessions all on the Minutetraq or whatever you call that video thing. COUNCILMAN TALBOT: Riverhead tapes their work sessions as well. MR. SCHWARTZ: I know we discussed doing that and I was told that it would cost a lot of money, I said how much and we never got an answer. I think it might be included in the service, we are probably already paying for it. Or possibly already paying for it. April 12, 2011 Page 5 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: We are not paying for it. Cablevision pays for the recordings of these meetings. Cablevision pays as part of the franchise agreement. We pay Allen Video, we get reimbursed by Cablevision for the meetings. We have already explored the opportunity to have them pick up the cost for the work sessions, not covered under the franchise agreement. MR. SCHWARTZ: So the only cost would be to have someone mn the camera? There is no cost to put the meetings on-line? SUPERVISOR RUSSELL: No, the cost is the taping. MR. SCHWARTZ: I don't know why we couldn't have volunteers trained to operate the camera, if we don't have a person working for the town, I think it could be done and it would really give the people a lot more, better ability to understand how the Town Board is working and what they are doing. I think, you know, in the morning I wouldn't want to miss you guys. But you know, I am one of the very few who comes here. Anyway, thank you. SUPERVISOR RUSSELL: Marie? Marie Dominici, Mattituck MARIE DOMENICI: I was just wondering, I am not questioning it, I just need it explained to me regarding the contract for lease agreements authorizes the auction service disposition agreement between property room.com and the Town of Southold. Can you explain what that is? SUPERVISOR RUSSELL: Any seized equipment that the town acquires, forfeiture through a legal proceeding etc., gets auctioned off by a subcontractor. They go and auction that off and then that comes back in on the revenue line when we sit down and do the police budget each year. MS. DOMENICI: Okay, and the other one is the one that just follows that, contracts and agreements for a software renewal agreement between the Town of Southold and Prime Services Inc. Can you explain that? It is page 9. SUPERVISOR RUSSELL: Okay. Yes, software program, actually that is a software program that is utilized by the director there. It is a bidding software, it goes out. She, as you know, is in the process of providing meals to people. She is able to track and get the best deal any given week. Particularly with perishables, like vegetables, it is a very fluid market. So she is able to utilize her software to go out and get the best deals when she goes out and is putting orders in, in advance of the coming few weeks. MS. DOMENICI: Great. SUPERVISOR RUSSELL: But unfortunately software are proprietary and they get licensed and you need to renew those license agreements. MS. DOMENICI: That is a great idea. I applaud your effort. Thank you. April 12, 2011 Page 6 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Would anybody else like to address on the agenda? Heating none. Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, March 29, 2011 Vote Record. Aeceptnfice of Minutes for March 29, 2011 4-30 PM Yes/Aye No/Nay Abstain Absent William Ruland Voter [] [2] [] [] [] Accepted Vincent Orlando Voter [] [] [] [] [] Accepted as Amended Christopher Talbot Seconder [] [] [3 [] [] Tabled Albert Kmpski Jr. Voter [] [] [] [] Louisa P. Evans Initiator ' [] 12] [3 [3 Scott Russell Voter [] [] [] [] V. Resolutions 2011-304 CA TEGOR Y: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated April 12~ 2011. Vote ReCord- Resolution RES-2011-304 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [3 [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Seconder [] [] [] [] [] Tax Receiver's Appt ~ib~ ~ki ~ voter [] [3 [2 [3 [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-305 CATEGORY: 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 4:30 PM on Tuesday, April 26, 2011 at the Southold Town Hall, Southold, New York April 12, 2011 Page 7 Southold Town Board Meeting Minutes vote Record ~ Res0iUtinn RES-2011-305 [] Adopted [] Adopted as Amended [] Defeated Yes/Age No/Na~ Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Cinistopher Talbot Seconder [] F1 [] [] [] 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 2011-306 CATEGORY: DEPARTMENT: Employment - Town Accounting Resignation of FIFD Personnel WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their September 21, 2010 meeting to accept the resignations of the following personnel, and VqHEREAS the Town Board of the Town of Southold is required to approve appointments and resignations of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby accepts the resignations effective October Iv 2010 of the following: Nicholas Bence - Deckhand Robert Bridgman - Deckhand Nicholas Gauthier - Deckhand Thomas Hogarty - Deckhand Timothy Keating - Ferry Captain David Lynch - Deckhand Andrew Tulba - Deckhand Vote ReCOrd ~ Resolution RESt2011-306 [] Adopted [] Adopted as Amended [] Defeated yes/Aye No/Na~ Absta n Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando seconder ~ [3 [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-307 CA TEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk April 12, 2011 Page 8 Southold Town Board Meeting Minutes Cub Scout Pack 39 Annual Cubmobile Race RESOLVED that the Town Board of the Town of Southold hereby grants pcmnission to Cub Scout Pack 39 to close Bailey Beach Road and the north end of Inlet View Drive in Mattimck for its Annual Cubmobile Race on Saturday, June 11th 2011 (rain dated June 12) from 9:00 AM to 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. VOte Record - Resolution RES-20tl;307 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator I~ El [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert l~pski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] Supt Hgwys Appt [] No Action 2011-308 CA TEGOR Y: DEPARTMENT: Employment - Town Accounting Appoint Dania Atkinson to FT Justice Court Clerk RESOLVED that the Town Board of the Town of Southold hereby appoints Dania M. Atkinson to the position of a Justice Court Clerk for the Justice Court effective April 28, 2011, at a rate of $36,408.45 per year. Vote Record - Resolution RES-2011~308 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay : Absta n Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter ~ 13 ~ [] [] Tax Receiver's Appt Albert Kmpski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-309 CA TEGOR Y: Advertise DEPARTMENT: Justice Court Ad,for Court Officer April 12, 2011 Page 9 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to advertise for the position of Court Officer for the Southold Town Justice Court. Vote Record. Resolution RES-2011~309 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruiand Voter [] [] : [] [] [] Withdrawn vincent orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbo~ Seconder [] [] [] [] [] Tax Receiver's Appt A!b~ ~P~! Jr- Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator I~ [] F1 D [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-310 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire David Comando Pump Out Boat Operator RESOLVED that the Town Board of the Town of Southold hereby appoints David Comando to the seasonal position of Pumpout Boat Operator for the Trustees, effective May 20, 2011 through October 31,2011, at a rate of $16.00 per hour. Vote Record ~ Resolution RES-2011-310 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] SupeiMsor's Appt Christopher Talbot Initiator [] [] [] [] [] Tax Receiver's Appt Albe~t Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] F1 [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-311 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Auction Services Disposition Agreement Between PropertyRoom. Corn and the Town of Southold RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Auction Services Disposition Agreement between Proper ,tyRoom.com and the Town of Southold regarding online auctioning services for a April 12, 2011 Page 10 Southold Town Board Meeting Minutes period of one year, including automatic renewals for consecutive one year terms, subject to the approval of the Town Attorney. vote Record- Resolution RESt2011~311 [] Adopted [] Adopted as Amended [] Defeated Yes/A~e I%~NaY ~bstain ~bs~nt [] Tabled %iiiihm R~im~d initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] 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 2011-312 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Purchasing Software Renewal Agreement Between the Town of Southold and Prime Services, Inc. in Connection with the Town Participating in a Group Purchasing Program for Food and Other Supplies for the Town's Senior Nutrition Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Purchasing Software Renewal Agreement between the Town of Southold and Prime Services, Inc. in connection with the Town oarticioating in a ~,roup purchasing program for food and other supplies for the Town's Senior Nutrition Program, subject to the approval of the Town Attorney; and BE IT FURTHER RESOLVED that this method of purchase has been evaluated by the Town Attorney's Office and appears to meet the standards of General Municipal Law Section 103 of the Consolidated Laws of the State of New York, which authorizes nutrition programs that receive federal, state or local funding to enter into joint contracts and arrangements to purchase food and related supplies without the requirement of competitive bidding. Vote Record ~ Resolution RES-201 i-3 i2 [] Adopted [] Adopted as Amended [] Defeated Y~s/AYe No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] El [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] : [] [] [] Rescinded Louisa P. Evans Voter [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-313 CA TEGOR Y: Employment - FIFD April 12,2011 Page 11 Southold Town Board Meeting Minutes DEPARTMENT: Accounting Change in FIFD 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 April 6, 2011 chan~in~, the existin~ dental coverage from The Standard to Anthem Complete for a one year term of May 1, 2011 to April 30, 2012." '/Yore Record - Resolution RES-2011-313 1~ Adopted [] Adopted as Amended [] Defeated ~es~Ay~ N0~NaY Abstain Absent [] Tabled Willimn Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] rn [] Tax Receiver's Appt Albert Krupski Jr. Initiator V~ [] [] [] [] Rescinded Louisa P. Evans Voter [] [] : [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-314 CA TEGOR Y: DEPARTMENT: Employment - FIFD Accounting Amend Resolution No. 2011-279 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2011-279 to read as follows: 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 April 6, 2011 to renew the existing dental coverage from The Standard for a one month term of April 1,2011 to April 30, 2011 ." ~t ~0,g~ Rec°rd ¢ Res01ution RES-2011-314 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] 13 [] [] Supervisoi's Appt Cbri~iopber Talbot Seconder [] vi [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded ~uisa P, Evans initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-315 CA TEGOR Y: DEPARTMENT: Employment - Town Accounting April 12, 2011 Southold Town Board Meeting Minutes Page 12 Appoints Alyxandra Sabatino Provisional Planner Trainee WHEREAS the Suffolk County Department of Civil Service has established that there is no eligible list for Planner Trainee, and WHEREAS the Town Board of the Town of Southold has determined that the Town should fill the Planner Trainee position for the Planning Department with a provisional appointment, and has received permission from Suffolk County Department of Civil Service to make said provisional appointment, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Alyxandra K. Sabatino to the position of provisional Planner Trainee for the Planning Department, effective May 2~ 2011 at a rate of $42~831.75 per annum. Vote Record - Resoiufi6n RES.2011~315 [] Adopted [] Adopted as Amended [] Defeated Y~s/AYe No(Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Chfist0ph~ Ts!hot lni~iat0r [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-316 CA TEGOR Y: DEPARTMENT: Employment - Town Accounting Appoints Brian A. Cummings Provisional Planner Trainee WHEREAS the Suffolk County Department of Civil Service has established that there is no eligible list for Planner Trainee, and WHEREAS the Town Board of the Town of Southold has determined that the Town should fill the Planner Trainee position for the Planning Department with a provisional appointment, and has received permission from Sufiblk County Department of Civil Service to make said provisional appointment, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Brian A. Cummings to the position of provisional Planner Trainee for the Planning Department, effective April 25~ 2011 at a rate of $42~831.75 per annum. April 12, 2011 Page 13 Southold Town Board Meeting Minutes Vote Record ~ Resolution RES-2011:316 [] Adopted [] Adopted as Amended [] Defeated Ves(~e No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] ; [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupsk! J[. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 316 COUNCILMAN KRUPSKI: I just want to say a number of us sat in on the interviews for these positions and there were eight young people there that grew up out here and went to school and came back and wanted to work here and I just wish we had eight positions to fill. It was a pleasure to meet with all of them. They were all really good. There parents should be really proud of all of them. COUNCILMAN ORLANDO: They were really good. COUNCILMAN KRUPSKI: It was a really good experience. SUPERVISOR RUSSELL: I will echo Albert's sentiment and say that was probably one of the harder decisions we have had to make in the past few years. COUNCILMAN KRUPSKI: It sure was. SUPERVISOR RUSSELL: We actually had an initial pool of over 33 applicants. We narrowed to 17 and then narrowed it again to eight and it was very difficult and we went through a very, I would say, exhaustive vetting process. It speaks to a lot of credit to the young people our here. I think the future is in good hands if that is the quality of candidates we will be having in the future. 2011-317 CATEGORY: DEPARTMENT: Refund Zoning Board of Appeals .4uthorize a Partial Refund in the Amount of $300. O0 to Andrew Greene RESOLVED that the Town Board of the Town of Southold hereby authorizes a partial refund in the amount of $300.00 to Andrew Greene; the application before the Zoning Board of Appeals has been withdrawn. April 12, 2011 Page 14 Southold Town Board Meeting Minutes Vote RecOrd - Resolution RE$=2011-3i7 [] Adopted [] Adopted as Amended [] Defeated ~eslA~e No'Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt i Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder ~1 Fl FI Fl [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-318 CA TEGOR Y: DEPARTMENT: Public Service Police Dept Request Permission for the Following Students to ,lob Shadow At the Police Department RESOLVED that the Town Board of the Town of Southold hereby grants permission to the following students from the listed local High Schools to participate in a day of [ob shadowing at the Southold Town Police Department on Friday~ April 8~ 2011: Greenport High School Scan Charters Mattituck High School Nick Bieber Carol Coe Connor Guiditus Southold High School Kieran Broderick Kyle Clausen Alex Sinclair Steven Vest Vote Record - Resolution RES-2011-318 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt ~bri~npber Talbot Voter [] [] : Fl [] [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] [] [] RescMded Louisa P. Evans Voter [] [] : [] [] [] Town Clerk's Appt Scott Russell Voter [] [] : [] [] [] Supt Hgwys Appt [] No Action 2011-319 CATEGORY: Contracts, Lease & Agreements April 12, 2011 Page 15 Southold Town Board Meeting Minutes DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Application for Excess Loss Insurance with Standard Security Life Insurance Company of New York RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Application for Excess Loss Insurance with Standard Security Life Insurance Company of New York, subject to the approval of the Town Attorney. Vote ReCOrd. Resolution RES~2011~319 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt d~st0phec Th Gi Se~0nder [] [] [] [] [] Tax Receiver's Appt A!b~rt ~p~k! ~[: Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] E3 [] [] [] Supt Hgwys Appt [] No Action 2011-320 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Clerk Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement Between the Town of Southold and Horsley Witten Group, Inc. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and Itorsley Witten Group, Inc., in connection with creating subwatershed management plans for three subwatersheds (Town Creek/Jockey Creek, Goose Creek and Richmond Creek), at a cost not to exceed $40,000, which shall be a legal charge to the 2011 Capital Fund, Stormwater Mitigation Planning appropriation (H.8540.2.100.125), said agreement subject to the approval of the Town Attorney. VOte Record -Resolution RES~20ii-320 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruiand Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisors Appt Christopher Talbot initiator ~ [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter 101 [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 320 April 12,2011 Page 16 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: I will just quickly explain. That is actually an $80,000 project. Suffolk County will be paying half. Southold has agreed to pay half, $40,000. We also are qualified for reimbursement from the State of New York, so we are spending the $40,000 now but we ~l!y expect to ~ re!mbursed for that ~0,p00: 2011-321 CATEGOR~ DEPARTMENT: Property Acquisition Public Hearing Land Preservation Edson Set Public Hearing Der Rights RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ April 26~ 2011, at 4:37 p.m. Southold Town Hall, 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of a development rights easement on properties owned by Lewis L. Edson. Said properties are identified as part of SCTM//1000-102.-2-16 and SCTM #1000-102.-2-6.6. The addresses are 30105 Main Road (NYS Route 25) and 740 Depot Lane, respectively, in Cutchogue, New York. The parcels are adjacent lots and when combined are situated on the northerly side of Main Road (NYS Route 25) directly across NYS Route 25 from the entrance to Pequash Avenue. SCTM #1000-102.-2-16 is located within two zoning districts with 25.1 ~: acres being within the R-80 zoning district and 0.04± acre being within the R-40 zoning district. SCTM # 1000-102.-2-6.6 is located entirely within the R-80 zoning district. The proposed acquisition is for a development rights easement on parts of the properties, located within the R-80 zoning district, consisting of approximately 22.79~ acres (subject to survey) of the 27.79± combined parcels' total acreage. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $60,000 (sixty thousand dollars) per buildable acre for the 22.79± acre easement plus acquisition costs. The properties are listed on the Town's Community Preservation Project Plan as properties that should be preserved due to their agricultural values. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. April 12, 2011 Page 17 Southold Town Board Meeting Minutes Vote Record ~ ~0iUfiOn 11~S.2011~321 [] Adopted [] Adopted as Pdnended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder ~ ' [3 [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpsk! Jr. Voter [] F1 13 FI [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-322 CATEGOR~ DEPARTMENT: Budget Modification Planning Board 2011 Budget Modification in the Capital Fund for Stormwater Mitigation Planning Work Fiscal Impact: This budget amendment is to fund the project, Developing Priority Impaired Waterbody and SGA Sub- watershed Management Plans, that was approved and funded by a State grant. The grant contract, NYS EPF Grant #C006975, was executed after the Town's' budget was already set for 2011. The intent of this budget amendment is' to increase the appropriations line, and at the same time increase the revenues line by the same amount that will be reimbursed by the State under the grant contract. RESOLVED that the Town Board of the Town of Southold hereby increases the 2011 Capital Fund budget as follows: Revenues: H.3089.30 Appropriations: H.8540.2.100.125 State Aid, NYS DOS Grant Total $40,000 $40,000 Stormwater Mitigation Planning $40,000 Total $40,000 Vote Record - Resolution RES-2011-322 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vinceut Orlando Initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] 13 [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Seconder [~ 13 [3 [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-323 CA TEGOR Y: Budget Modification DEPARTMENT: Public Works April 12, 2011 Page 18 Southold Town Board Meeting Minutes Park Improvements Fiscal Impact: Unallocated Contingencies to Park Improvements for recycling cans RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2011 budget as follows: From: A.1990.4.100.100 To: A.1620.2.500.925 Unallocated Contingencies $1,500 Total $1,500 Recycling Receptacles $1,500 Total $1,500 Vote Record - Resolution RES~20!!-323 [~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albe~t gaupski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-324 CA TE GO R Y: DEPARTMENT: Committee Appointment Town Clerk Amend 2011-290 to Include Carolyn G. Peabody as a Reappointment. Her Name was lnadvertantly Omitted from the Original Resolution. RESOLVED the Town Board of the Town of Southold hereby appoints Loretta Hatzel-Geraci and reappoints Carolyn G. Peabody, Jean LePre and Eleanor Lingo to the Anti-Bias Task Force for a 3 year term effective immediately through March 31, 2014. Vote Record - Resolution RES-20!1-324 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] SupeIMsor's Appt Christopher Talbot Seconder [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action April 12, 2011 Southold Town Board Meeting Minutes Page 19 2011-325 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Resignations/Appointments/Reappointment to the Youth Bureau Board RESOLVED the Town Board of the Town of Southold hereby accepts the resignations of Liza Coppola and Jim Gorman from the Southold Town Youth Bureau Board, and be it FURTHER RESOLVED the Town Board of the Town of Southold hereby appoints Robert Duffin to a 1-year term to fill the unexpired term of Jim Gorman and appoints a student representative from each of the following: Mattituck Union Free School District, Southold Union Free School District; and Greenport Union Free School District, to 1 year terms to expire March 31, 2012 and reappoints Elaine White to the Youth Bureau Board to serve a two-year tm-m through March 31, 2013. '/v~te ReCOrd - Resolution RES,20112325 [] Adopted [] Adopted as Amended [] Defeated yes/3,ye No/Nay Abstain Absent [] Tabled William Ruland Vote- [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot initiator [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Sec~nd~ i~ F1 [] [] [] Town Clerk's Appt Scoit Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-326 CA TE GO R Y: DEPARTMENT: Committee Appointment Town Clerk Amend 2011-292 to Correct Term Limit for Christopher Showalter to 1 Year to Fill the Unexpired Term of R. Meguin RESOLVED the Town Board of the Town of Southold hereby appoints Christopher Showalter to the Board of Ethics for a ~. year 1 year term effective immediately through March 31,2015 2012 and reappoints Cathy Sleckman to the Board of Ethics for a 5 year term effective immediately through March 31,2016. Vote ReCOrd - Resolution RES-2011-326 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [2] [] [] Supt Hgwys Appt [] No Action April 12, 2011 Page 20 Southold Town Board Meeting Minutes 2011-327 CATEGOR~ DEPARTMENT: Public Service Town Clerk Videoconferencing at Meetings to Establish ZBA & Planning Board Quorums WHEREAS, the Southold Town Zoning Board of Appeals and Planning Board customarily have a member appointed to each Board by the Town Board that is from Fishers Island; and WHEREAS, Fishers Island is a small island of the north coast of Suffolk County that is within the boundaries of the Town of Southold; and WHEREAS, for the members of the Zoning Board of Appeals and Planning Board that are from Fishers Island, access to the mainland is via ferry which poses particular difficulties, especially during the winter months; and WHEREAS, these Board members may also have to stay overnight on the mainland just to attend regular meetings of the Zoning Board of Appeals and Planning Board because the ferry schedule does not allow for convenient back and forth same day travel, nor is there a direct ferry from the Town of Southold to Fishers Island; and WHEREAS, given the unique geographical situation, the Town Board has purchased videoconferencing equipment for the purpose of allowing the Zoning Board of Appeals and Planning Board members that are from Fishers Island, as well as the public at large, to participate in the regularly scheduled meetings of the Zoning Board of Appeals and Planning Board. NOW, THEREFORE, BE IT RESOLVED that in accordance with General Construction Law §41, the Town Board of the Town of Southold hereby authorizes the Zoning Board of Appeals to establish a quorum for its meetings through the use of videoconferencing with members of the Board from Fishers Island and that the Fishers Island member that participates in the meeting in this manner have the same authoriW as though physically present at said meetings; and be it further RESOLVED that in accordance with General Construction Law §41, the Town Board of the Town of Southold hereby authorizes the Planning Board to establish a quorum for its meetings through the use of videoconferencing with members of the Board from Fishers Island and that the Fishers Island member that participates in the meeting in this manner have the same authority as though physically present at said meetings. April 12, 2011 Page 21 Southold Town Board Meeting Minutes Vote Ree0rd; R~01Uti0n RES-2011-327 ~ Adopted [] Adopted as Amended [] Defeated yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krup~h! ~[: Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-328 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Attorney PH LL/Building Permit Renewal Fees WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 12th day of April, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ in connection with Building Permit Renewal Fees." 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 l0th day of May, 2011 at 7:37 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 144~ Fire Prevention and Building Code Administration~ in connection with Building Permit Renewal Fees" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administratiom in connection with Building Permit Renewal Fees". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has reviewed the building permit renewal fee associated with the Town's Fire Prevention and Building Code Administration (Chapter 144) and has determined that charging the same fee for the original building permit and a renewal of a building permit is not in the best interest of the Town. As such, the Town Board is decreasing the fee for the renewal of a building permit to 50% of the fee paid for the original building permit. April 12, 2011 Page 22 Southold Town Board Meeting Minutes II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows: §144-8. Building permit required; application for permit. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an additional six months. Thereafter, a ~ renewal permit shall be required. § 144-11. Building permit fees. Upon filing of an application for a building permit, fees shall be paid in accordance with § 144-8 of the Town Code. In the event that a building permit expires as set forth in §144-8(I), the applicant shall remit an additional fee in an amount equal to 50% of the fee paid in connection with the original application to renew the building permit. In the event that an application for a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee paid, provided that no construction has been commenced. If construction work has been started and the application is not approved, the fees paid shall not be refunded. 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. ¢' voce Rec0rd - Resolution RES-20! 1-328 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulm~d Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] S upervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert ~p~k! Jr. Initial°? ~ [] [] [] [] Rescinded Louisa P. Evans Voter I~ [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-329 April 12,2011 Page 23 Southold Town Board Meeting Minutes CATEGORY: DEPARTMENT: Advertise Town Clerk Advertise for Town Engineer RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to advertise for the position of Town Engineer. Vote Ree°rd - Resoluti0n RES-2011-329 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Cluistopher Talbot Seconder ~ [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-330 CA TE GO R Y: DEPARTMENT: Committee Appointment Town Clerk Appoint Allan $. Connell and Reappoint John Sepenoski to the Land Preservation Committee RESOLVED the Town Board of the Town of Southold hereby appoints Allan S. Connell and reappoints John Sepenoski to the Land Preservation Committee for a 2 year term effective immediately through March 31,2013. Vote Record - Resolution RES-2011-330 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Initiator [] [] [3 [] [] Tax Receiver's Appt Alberi Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Secohd~r [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [5] [] [] [] Supt Hgwys Appt [] No Action 2011-331 CATEGORY: DEPARTMENT: Legislation Town Attorney Authorize and Direct the Town Clerk to Forward the Proposed Local Law April 12, 2011 Page 24 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to forward the proposed Local Law entitled~ "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration, in connect with Building Permit Renewal Fees", to the Southold Town Planning Board and the Suffolk Coun ,ty Planning Commission for comments and recommendations. Vote Record - Resolution RE$-2011-331 [] Adopted [] Adopted as Amended [] Defeated Y~/A~e No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] F1 [3 Tax Receiver's Appt Albert Krup~ki ~r: ~pter [] [] [] F1 [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [3 [] [] Supt Hgwys Appt [] No Action 2011-332 CA TEGOR Y: DEPARTMENT: Enact Local Law Town Clerk Enact Local Law No. 3 Entitled "A Local Law in Relation to Amendments to Chapter 245, Taxation, to Permit Eligible Senior Citizens to Receive an Automatic Exemption After Receiving Exemption for Five (5) Consecutive Years ". WHEREAS, there had been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 15th day of March, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 245, Taxation~ to Permit Eligible Senior Citizens to Receive an Automatic Exemption after Receiving Exemption for Five {5) Consecutive Years" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefore be it RESOLVED the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 245~ Taxation~ to Permit Eligible Senior Citizens to Receive an Automatic Exemption after Receiving Exemption for Five (5) Consecutive Years" which reads as follows: LOCAL LAW NO. 3 of 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 245, Taxation, to Permit Eligible Senior Citizens to Receive an Automatic Exemption after Receiving Exemption for Five {5) Consecutive Years". BE IT ENACTED by the Town Board of the Town of Southold as follows: April 12, 2011 Page 25 Southold Town Board Meeting Minutes II. Purpose. The New York State Real Property Tax Law §467 provides that any person granted a Senior Citizen Exemption on five (5) consecutive completed assessment rolls shall not be subject to further application requirc~nents, provided the Town Board adopts a local law relieving the individuals from such further application requirements, thereby making such exemption automatic on each subsequent assessment roll. The Town Board intends to permit this procedure for the Senior Citizen Exc~nption within the Town of Southold. II. Chapter 245 of the Code of the Town of Southold is hereby amended as follows: §245-3 Applications. A. Applications for such exemption must be made by the owner or all of the owners of the property, on forms prescribed by the State Board, to be furnished by the appropriate assessing authority, and shall furnish the information and be executed in the manner required or prescribed in such forms and shall be filed in such Assessor's office on or before the appropriate taxable status date. B. Any person who has been granted an exemption pursuant to this Article on five consecutive completed assessment rolls shall not be subject to the requirements set forth on Subsection A of this section; however, said persons shall be mailed an application form by the Assessor and a notice informing him of his rights. Such exemption shall be automatically granted on each subsequent assessment roll; provided, however, that when tax payment is made by such person, a sworn affidavit must be included with the tax payment, which shall state that such person continues to be eligible for said exemption. Such affidavit shall be on a form prescribed by the State Board as provided by the Assessor. If such affidavit is not included with the tax payment, the Receiver of Taxes shall proceed pursuant to §551-a of the Real Property Tax Law. 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 - Resolution RES-2011-332 [] Adopted [] Adopted as Amended [] Defeated ~e$~Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] F1 [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Seconder [] [] [] 13 [] Rescinded Louisa P. Evans Initiator [] [] 13 [] [] Town Clerk's Appt Scott Russell Voter [] [] [] Fl [] Supt Hgwys Appt [] No Action April 12, 2011 Page 26 Southold Town Board Meeting Minutes Comments regarding resolution 332 SUPERVISOR RUSSELL: I will just quickly, briefly explain. Each year senior citizens can qualify for an exemption on real property taxes based on their income, senior citizens 65 and older. Historically, senior citizens have had to come in each year and reapply and resubmit and reprove their income. That is paper chase for a lot of seniors whose income generally tends to be fixed because they are on fixed annuities, social security, etc. That paper chase, it is a lot of burden. This simply says if you have received the exemption for five (5) consecutive years, you can simply come in and renew each year with a simple affidavit, verifying that your income hasn't changed. Generally you don't see changes to income in the retired population. It makes the process a lot easier for our senior citizens of our town. I vote yes. VI. Public Hearings Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell PH 4/12/11 ~ 7:32 pm LL/Senior Citizen Exemption/Affidavit COUNCILMAN TALBOT: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 15* day of March, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 245~ Taxation~ to Permit Eligible Senior Citizens to Receive an Automatic Exemption after Receiving Exemption for Five (5) Consecutive Years". 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 12th day of April, 2011 at 7:32 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 245~ Taxation~ to Permit Eligible Senior Citizens to Receive an Automatic Exemption after Receiving Exemption for Five (5) Consecutive Years" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 245, Taxation~ to Permit Eligible Senior Citizens to Receive an Automatic Exemption after Receiving Exemption for Five (5) Consecutive Years". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The New York State Real Property Tax Law §467 provides that any person granted a Senior Citizen Exemption on five (5) consecutive completed assessment rolls shall not be subject April 12, 2011 Southold Town Board Meeting Minutes Page 27 to further application requirements, provided the Town Board adopts a local law relieving the individuals from such further application requirements, thereby making such exemption automatic on each subsequent assessment roll. The Town Board intends to permit this procedure for the Senior Citizen Exemption within the Town of Southold. II. Chapter 245 of the Code of the Town of Southold is hereby amended as follows: §245-3 Applications. A. Applications for such exemption must be made by the owner or all of the owners of the property, on forms prescribed by the State Board, to be furnished by the appropriate assessing authority, and shall furnish the information and be executed in the manner required or prescribed in such forms and shall be filed in such Assessor's office on or before the appropriate taxable status date. B. Any person who has been granted an exemption pursuant to this Article on five consecutive completed assessment rolls shall not be subject to the requirements set forth on Subsection A of this section; however, said persons shall be mailed an application form by the Assessor and a notice informing him of his rights. Such exemption shall be automatically granted on each subsequent assessment roll; provided, however, that when tax pawnent is made by such person, a sworn affidavit must be included with the tax payment, which shall state that such person continues to be eligible for said exemption. Such affidavit shall be on a form prescribed by the State Board as provided by the Assessor. If such affidavit is not included with the tax payment, the Receiver of Taxes shall proceed pursuant to §551-a of the Real Property Tax Law. IlL 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. I have a notice that it was posted in the Suffolk Times on the 31st of March. A notice that it was posted on the Town Clerk's bulletin board on the 17th day of March and that is it. SUPERVISOR RUSSELL: Would anybody like to comment on this local law? (No response) RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Talbot, Kmpski Jr., Evans, Russell Supervisor Russell SUPERVISOR RUSSELL: That concludes the business of the agenda. Would anybody like to come up and address the Town Board on any issue? Marie, please? Marie Dominici MARIE DOMENICI: Good evening everyone. Marie Domenici, Mattituck. I sent an email to April 12, 2011 Page 28 Southold Town Board Meeting Minutes the Board on March 31 because I had seen an article in the newspaper about Jay Schneiderman who is the county leg. and he has proposed some interest in the Millstone nuclear power plant, just 9 miles across the Long Island Sound and anyone who knows me knows that I am not a proponent of Millstone for a number of reasons. But, so I did send an email to all of you because I mean, in light of what has happened in Japan, it is frightening to think that if a situation presents itself at Millstone, everyone in this town is at risk. As you well know, the Japanese community is gone, there is nothing there. Their economy is dead, their people are missing, dead and how many people will actually die as a result of exposure to the radiation. So my concern is that initially Shoreham never came on line because we couldn't implement an evacuation plan and my concerns are, does the town have a plan, not if but when something happens at Millstone. It is an aging nuclear power plant, the unfortunate thing about nuclear power plants in this country is that there was no footprint when they created these 104 power plants, so when Three Mile Island occurred, there was no way to go back to the other 103 power plants to say let's shore this up so it doesn't occur in the remaining plants. So you know, we can think about this and we can mull around but my concerns are, when something happens over there and Millstone has had several types of incidents reported over there and that is why one of their nuclear reactors has been shut down permanently because of the way they were cooling the unit, so my concern is, god forbid, something happens there, we are all dead. You know, a lot of people, I won't speak for most but I will speak for myself, a lot of people that I know are equity rich and cash poor, so if you have real estate here, that is part of your equity. So if you are a farmer or a vineyard or any other business in this community, if that situation happens here, it is over for all of us. So what does the Town plan on doing... SUPERVISOR RUSSELL: Let me address that, first of all, we have an emergency evacuation plan and an emergency management plan that includes Millstone, is actually part of our plan, there is a gentleman there named Steve Mazzola who is in regular contact with us. As you are probably already aware, the nuclear regulatory commission when they first permitted these facilities they only required 10 mile evacuation routes. That is about two thirds of Fishers Island. I had contacted Senator Gillibrand, who has given me contacts at the nuclear regulatory commission. I have already been in touch with Legislator Romaine, we are going to, the first thing we are going to do is figure out where are we right now with Millstone, we are going to invite the NRC to come out and we are going to host a meeting. I think the NRC had been historically in the oversight, you will see that in New York City, you will see that in Millstone. Those are the issues that we are going to try to get answered first and start with a community discussion on that. And at the same time, we will get into the specific issues of the current plan which like I said, only encompasses a ten mile radius. MS. DOMENICI: Several years ago when Josh Horton was supervisor, the NRC had placed a very small ad in the Suftblk Times, it was, you know, the obituaries are bigger. And they placed this little ad that said there was going to be meeting in Connecticut because they were up for permitting the unit, so I went, representatives from NFEC, I think the town attorney at the time went and Josh went. And when we asked why they didn't put a bigger ad in let's say Newsday, their response was, it wasn't in their budget. That is despicable. If you can't put a little ad in the newspaper, than how are you going to fix anything at the NRC? And having spoken before them, I really didn't get the sense that the NRC is sticking to their mission statement and that is April 12,2011 Southold Town Board Meeting Minutes Page 29 to protect the interests of the public. So I would, I don't know when this meeting will be taking place. Do you have any idea? SUPERVISOR RUSSELL: No. I just discussed the issue the other day with Legislator Romaine, we are going to start to set up dates based on the availability of the NRC officials and as soon as we can set up some dates, it will be in the evening, weeknight, to be as convenient to the public as possible. And then we are going to do the blast to make sure everybody knows, to get here and then discuss those issues. Most to discuss the permitting, the process, when are they up again, that type of thing. Right now we want answers from the NRC and we are going to start with that. MS. DOMENICI: Is Congressman Bishop's office going to be invited to this meeting? SUPERVISOR RUSSELL: Oh, absolutely. We invite every elected official, federal, county, state, towns. We are going to extend the invitation to the other towns, obviously Riverhead, Shelter Island. The irony is in Japan is that that area of evacuation keeps expanding with the new day, so we know now that I believe 50 miles or so. So we are going to try to make sure that everybody is aware of this and this is going to be a fact finding mission for us. MS. DOMENICI: Yeah and I will tell you that, it just went right out of my head, what I was going to tell you. But the NRC is not really in our favor, so I really think we have to hold a candle to them to make sure that they see that this is an important issue for this community and you know, nine miles is not acceptable. SUPERVISOR RUSSELL: That is why I went to Senator Gillibrand before I went to the NRC because the NRC is responsible and reportable to the federal officials. So we are certainly going to invite Schumer's office, Gillibrand's office. Schumer has a Long Island representative who is very responsive to the town, I know he will be here. I know Senator Gillibrand's assistant will be here and Congressman Bishop has always been responsive to the issues here. So the idea is let's get this fact finding, I actually worked for a Congressman on Capitol Hill several years ago, he was about the only man who supported the construction of Shoreham who actually lived east of the Mississippi and he, we dealt with the NRC a great deal in those days. I understand the NRC sometimes plays more of an advocacy role for that industry, more than an oversight role and that was back, I have to tell you, back in the 80's. I don't know if they have evolved but again, this is going to start with the fact finding mission. MS. DOMENICI: So is Jay Schneiderman going to be invited? SUPERVISOR RUSSELL: Absolutely. He certainly .... MS. DOMENICI: Okay. Let me just tell you, when that little ad was put in the paper, I called every official's office from the House of Representatives down to Southold Town and no one had any representation there. So up till now, we had no voice there. We had no input and that disturbs me greatly. April 12,2011 Page 30 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: It should, it is absolutely valid. It shouldn't have taken a tsunami to realize the need of the public to be involved in that process and the elected officials. COUNCILMAN KRUPSKI: And on a parallel course, you are talking about the power plant and the dangers and the evacuation and everything, but if it was shut down, you have to think of all the energy that it is generating right now and you have to replace that first. MS. DOMENICI: We are not the recipients of any of that energy. JUSTICE EVANS: But Fishers Island... MS. DOMENICI: Oh, I am sorry. Go solar. COUNCILMAN KRUPSKI: No, no but like Mr. Ruland said, someone is still using a lot of that energy. MS. DOMENICI: Right. But if that plant disappears tomorrow, we will have the same issue. COUNCILMAN KRUPSKI: Well, if it goes up tomorrow, we won't have to worry about any issues but on a parallel course, we have been asked to look back into the wind code to increase the generating capacity for anyone involved in wind power in Southold Town. So we have put that on the agenda for the code committee. MS. DOMENICI: And the other thing to keep in mind is the Long Island Sound is designated an estuary and in cooling that system at Millstone, they are drawing in fish, plant life and whatever and then recycling it and throwing it out and god knows what is coming out of there. So if you have an estuary, how are we prostituting ourselves to have that type of activity happening there? It is very disconcerting, it is about, to me it is about big business and it has cost us, you know, people, it's, I guarantee the more people you talk to might know more about Millstone today than they did yesterday because many people, when you say Millstone, they are clueless. And I remember there was a meeting at Southold Town high school and it was a Plum Island meeting, it was discussions about should they move the Island or whatever and the gentleman who was the head of Homeland Security, his name was Johnson, his last name was Johnson and I got up and mentioned you know, do you have an evacuation plan in place? You know, god forbid something happen at Plum Island and then I referred to Millstone and I said with Millstone just 9 miles across the Long Island Sound and you know what his comment to me was? What is Millstone? That is Homeland Security. Somebody please raise the awareness. You can't help us if you don't know what you are helping us for. So it is scary and anything you can do as a Board to heighten awareness and get this evacuation plan in place or support the closing of that plant before it affects our health, well being and our real estate. Okay? Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? Dan Durett, Greenport DAN DURETT: Dan Durett from Greenport. I would like to follow up on the observations on Millstone. I have attended several of the hearings on public safety at Indian Point and I would April 12,2011 Page 31 Southold Town Board Meeting Minutes advise the Board, the Town to really consider how the public notice is framed. If you frame it with a message of the sky is falling, that sends a level of potential panic that may not be warranted at the time. I think the real emphasis should be placed on public participation, public information and answering the kinds of questions that have been raised here. I think also as a result of the disaster in Japan, there is a greater awareness in this country about our dependence on nuclear energy, so I think you have been with the invitation to a public meeting, I am not sure if this room would hold the number of people that may be interested in attending, if you just had all the vineyards and farmers, that would fill up this room so maybe the selection of venues would be something for the council, for the board to take a look at. But I do think that this is a timely issue and having attended the morning session, I applaud the idea of taking a look at our dependence on nuclear energy and our movement towards wind, solar and other forms of energy. SUPERVISOR RUSSELL: That is an excellent point. Actually, I tried to address this in a similar fashion a few years ago with the Plum Island when there was a bio 4 threat or upgrade proposed and what we did is we went out and we said the first thing we are going to do is understand what we have there right now, Plum Island is a bio 3. We had a community meeting, we had representatives from Plum Island, it was a very civil meeting, very informative, you know, it might have left some people a little short on answers but that is the idea, I do not want to run around and say let's organize a rally to stop Millstone, let's get the NRC in here, let's start holding their feet to the fire. That is why I went to Gillibrand's office, because they are the officials that would have the authority to direct these people to come down and start answering some hard questions. But I agree. MR. DURETT: I would think also to include on the invitation list would be other federal agencies that would have some jurisdiction, whether it is EPA, FEMA, DOT and perhaps even select number of experts in the field, both those who are pro and con when it comes to the country's dependence on nuclear energy. SUPERVISOR RUSSELL: Thank you very much. Benja Schwartz BENJA SCHWARTZ: Benja Schwartz, Cutchogue. Good evening again. One of those topics this morning that was not on the agenda but was discussed was the status of the Southold Town noise, the proposed noise ordinance for Southold Town. I don't know if you wanted to say... SUPERVISOR RUSSELL: Yes, I actually, that was my fault, I overlooked putting it on the agenda. I had just gotten the proposal from the noise consultant. I distributed the proposal to the Town Board and instructed them to read the proposal and we are going to come back in two weeks and have a hearty discussion on our next steps for crafting a noise code that is enforceable and at the same time doesn't have unintended consequences. It is a gentleman who had worked with other east end towns in developing their noise codes. That was simply distributed. MR. SCHWARTZ: I appreciate that. I did look at the noise ordinance for Shelter Island which you said that gentleman was instrumental or worked with them anyway and that was I guess 1998, I am not sure, anyway, the bottom line on that noise ordinance is that, the one in Shelter Island is that there is a prohibition against amplified sound which is measured with a sound April 12, 2011 Page 32 Southold Town Board Meeting Minutes meter I think and then there is a section that says unreasonable noise, any noise of a type or volume which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensibilities and it says that unreasonable noise is prohibited within the geographical boundaries of the town including the waters and beaches and I just don't see how... SUPERVISOR RUSSELL: That is a completely unenforceable section of the law right there. MR. SCHWARTZ: Thank you. SUPERVISOR RUSSELL: We actually have our own code as, we have like noise provisions in different sections of the code and with the regard to operations ofmotorcross, ATV's, minibikes, it is the same thing. No unreasonable noise. That is a very subjective standard that is completely unenforceable provision of the code. MR. SCHWARTZ: Because it is not only subjective but there are no guidelines, there are no standards .... SUPERVISOR RUSSELL: That is right. MR. SCHWARTZ: I wouldn't even call it a standard. But I think we are going to have to chart a course somewhere in the middle. SUPERVISOR RUSSELL: Focus more on science. MR. SCHWARTZ: There will be some subjectivity, I assure you, if we ever do get a noise ordinance passed. So that might come up in two weeks. Then there was the item that I wanted to discuss that was not on the agenda and that it was not discussed yet today, the animal shelter contract. Do you want to say anything about the status of the contract with the animal shelter? SUPERVISOR RUSSELL: To my understanding, the communications are good, the discussions are robust and I think we are making good progress. MR. SCHWARTZ: Well, we are halfway into the month long extension of the contract that was agreed to by both parties .... SUPERVISOR RUSSELL: Right. MR. SCHWARTZ: But the contract has expired and we do not have at this point .... SUPERVISOR RUSSELL: Any successor agreement. Not yet. MR. SCHWARTZ: Agreement for what happens on, let's see, April 1 we got this extension but what is the next month, June. April 12,2011 Southold Town Board Meeting Minutes Page 33 COUNCILMAN RULAND: The answer would be both parties are more than willing to execute another 30 day extension. MR. SCHWARTZ: I don't see that as an answer. I hope that the rest of the Town Board does not agree with that. COUNCILMAN TALBOT: I think it is better than rushing into a hasty decision. SUPERVISOR RUSSELL: For either side. Neither side wants an agreement that they can't live with. So I think it serves them, the interests of both sides on the negotiating table. MR. SCHWARTZ: For the organization and the people that work there, to be working on a month to month basis doesn't really give them much... JUSTICE EVANS: Well, they should speak for themselves. MR. SCHWARTZ: Excuse me? It is not the responsibility of the Animal Welfare League to have people in there manning the shelter. It is the responsibility of this Town Board and you are just barely meeting that responsibility right now, by a month to month agreement. You don't have month to month people working in the highway department, in the town hall here, anywhere's else in town hall. SUPERVISOR RUSSELL: Actually, I disagree. Every police officer in Southold Town is working without a contract right now. That contract expired almost a year ago. That happens. It is just, historically the contract with the Animal Welfare League, as long as I can remember, has always been extended on a temporary basis because it is, I don't believe that they have had a successor agreement in place prior to the expiration that I can remember and I think it is common practice to extend it and I think it is good for both side because neither side wants to rush into an agreement that it doesn't want to live with, so I think the conversations are good, they are robust, they are productive. I think we are making good progress. MR. SCHWARTZ: I haven't heard anything, so you know, I really can't judge that. Let's see. The, another topic of discussion this morning was the recommendation of the Southold Town Transportation Commission for Factory Avenue. SUPERVISOR RUSSELL: Right. MR. SCHWARTZ: And what I didn't understand is, I don't know if you want to say anything about what you agreed because I don't want to mischaracterize it. SUPERVISOR RUSSELL: Understood. I think the Transportation Commission outlined a series of no parking proposals for that Factory Avenue. What I think the Town Board agreed to today was establishing a no standing zone from Route 25 to Old Sound Avenue. No standing for commercial vehicles. The difficulty is, it is a residential community and there is a church there. You don't want to establish a no parking and not allow people access to use of their own site. April 12, 2011 Page 34 Southold Town Board Meeting Minutes The problem is commercial traffic, commercial trucks, we want to focus the solution on negating those. So what we discussed as a board today was simply proposing a no standing, no stopping, no unloading zone from Route 25 all the way north up to Old Sound Avenue. MR. SCHWARTZ: Well, from what I understood this morning, the Transportation Commission proposed a cross walk and a loading zone between the crosswalk across from the church and then a loading zone between the cross walk and the railroad on the east side of Factory Avenue. I didn't understand how you could have a loading zone directly across from that church and not impact the church and I was happy when the town... SUPERVISOR RUSSELL: It was a recommendation .... MR. SCHWARTZ: .... said they weren't going to go with that but I didn't understand when the Town Board said they were going to have no standing for commercial vehicles but I thought that we already had that. There are signs, at least along a portion of the east side of Factory Avenue that is adjacent to the Mattituck plaza, there are no standing signs currently but I have never seen anybody get ticketed there. You said you are going to make a new no standing for commercial vehicles from one end to the other and then enforce it. Why can't we enforce the signs that we already have? Are they, is there a law, are those signs authorized? Are they legal? SUPERVISOR RUSSELL: I would have to look into that but I can tell you that most of the problem is the tracks that are coming across and standing and idling on the westerly side of that road. The idea of no standing is to not force them out farther or over here or over there but to simply do away with them and to force them back into the parking lot and they can wait there for their turn at the loading dock. MR. SCHWARTZ: I don't see that as a solution either. SUPERVISOR RUSSELL: Why would that be? MR. SCHWARTZ: Well, because that having tracks, having driven trucks, I understand, I would not want to drive a truck through a parking lot where there are small children and families parking their cars. SUPERVISOR RUSSELL: The problem is that then the trucking companies are going to need to adjust themselves to the circumstances. They are going to need to come in at times where it is a lighter impact of use on that shopping center, they are going to have to work together to solve the problem. I can assure you that we have tried, the owner of the shopping center has tried and I think the only thing they are going understand at this time is simply no standing, no unloading zone and tickets. They will have to adjust themselves. MR. SCHWARTZ: It is my understanding that that shopping plaza was permitted with a site plan a couple of years ago but that site plan included the parking for people and it included a loading docks for tracks which over a quarter of a century ago were apparently smaller than the trucks that are arriving there today. I think it is the, well, I don't think I heard any solutions this April 12, 2011 Page 35 Southold Town Board Meeting Minutes morning, that is all I will say about that one. COUNCILMAN KRUPSKI: Well, we are going to have a public hearing on the matter. MR. SCHWARTZ: On the matter of... COUNCILMAN RULAND: The parking. COUNCILMAN KRUPSKI: Installing the parking signs. MR. SCHWARTZ: The websites. Dan Durett MR. DURETT: My esteemed colleague from Cutchogne would yield to Greenport. While we are on the subject of Factory Avenue. Again, I was very impressed by the Board's action in terms of moving forward with a commitment, a desire to install some sidewalk along Factory Avenue, I think that goes a long way towards addressing some of the immediate communities desires and needs, most important of which is public safety of the residents. My question would move towards how soon that could occur, knowing that we would like, the community I should say, most nearly impacted would like to have seen it yesterday. Can we see it by the time the warm weather gets here, if it ever gets here or? SUPERVISOR RUSSELL: Well, we are certainly working on the plans now, we are cost estimating those plans. There is no allocation in the budget for that improvement but what we would probably end up doing is once we get the costs, is probably going ahead and incurring those costs and paying for them with tax anticipation notes. We think we can qualify with a grant with the completion of the corridor study used as a match, we can qualify for a grant that would pay for at least part if not all of the sidewalks. What we would probably issue is tax anticipation notes and then if the grant doesn't come through, we will just have to levy it as general appropriations of the town but we are working on all those finances right now as we speak. MR. DURETT: And I would think were we not to be in any violation of public safety and labor laws, I am sure there are enough able bodied men much bigger than I am who would be willing to come out and help smooth the concrete to help move the process along. SUPERVISOR RUSSELL: We, unfortunately, are bound by various state laws such as Wicks law etc., prevailing wage, there is no getting around that even with volunteer work, so I wish we could. MR. DURETT: Alright. Thank you. SUPERVISOR RUSSELL: Thank you. COUNCILMAN TALBOT: Part of that and Mr. Heyliger has mentioned this before, is we have discussed getting those trucks off the road even before, hopefully before the sidewalks go in April 12, 2011 Southold Town Board Meeting Minutes Page 36 because they have to walk around the vehicles to go out into the roadway, so hopefully they can stay along that west side until they have to cross over. MR. DURETT: Right. The timing and logistics .... COUNCILMAN TALBOT: Yes. The sooner, the better. Everybody agrees. MR. DURETT: Wonderful. Thank you. SUPERVISOR RUSSELL: Mr. Heyliger? Leroy Heyliger, Mattituck LEROY HEYLIGER: Good evening, I am Leroy Heyliger. I live in Mattituck. On this Factory Avenue, I appreciate what you are doing. I know the work and the time and the effort that you are putting in, your concerns. Those trucks, if you put a sidewalk in on that southwestern side and you put a curb there, it has been my experience and I have been there since 1955, it has been my experience on that Avenue that those trucks, if they park on that side or they come in, they are going to bust up that concrete. They did it before. Mr. Russell came down and they took the old busted concrete out and the curb out and blacktopped it and he said at that time they couldn't afford to put concrete back in because they would only bust it up again. And I see that coming, if something isn't done to keep those trucks off that southwest side, it is going to happen again. SUPERVISOR RUSSELL: We agree. We also, we are going to do the sidewalks, there is actually already a sidewalk on the easterly section on the southerly side of the railroad tracks. The idea is to extend that up to work, the west side is going to present some challenges. Principally a lot of those homes have encroached into the public right of way and that is fine, everybody does but I think people need to understand, if we are going to go out and put sidewalks in, it is going to have impacts on those properties. So we are evaluating the easterly side a little more cautiously because of those encroachments, now we are going to need the curb cuts and everything else. It is going to have to be a group effort with the community to get sidewalks. There is one central piece to this however, it is the MTA property in the middle and what we have been putting pressure on the MTA who has been virtually impossible to deal with at upgrading that crossing which they have on their work plan to do anyway, we just asked them to move that to the top of their agenda of priorities in Southold Town so they cannot just improve the crossing there but also put a pedestrian friendly access across that railroad. That is the, what we can do is bring the improvements up to and then north of we need the MTA's cooperation to really make that a satisfactory pedestrian area. MR. HEYLIGER: That is very important because I was going to mention that about the Cottages, the walkway from the Cottages, they are coming out with the baby carriages now and little children and they come down past the church and then cross over but that one section that is washed out, the fact is there is almost about close to a foot drop between the road, where the road ends and that dirt. It all washed down from the snow and the rain and I called the Highway Department the other day to come take a look at it because if a car happens to go to the right to avoid, he will go down in a ditch and we already had that tractor trailer that overturned, I don't know if you remember that a few months ago, right there on Factory Avenue. It blocked off the April 12, 2011 Page 37 Southold Town Board Meeting Minutes whole street for about 4 or 5 hours. One other thing I would like to ask is, would you be able to talk with Mr. Cardinale about that dumpster? I don't know if anybody has been down Factory Avenue this past week but have you seen that dumpster? It has been, they are gutting out one of the stores and they took all of the stuff and they threw it out in the woods by that dumpster and it is overflowing and every Sunday morning, that dumpster is full of bags and full of garbage and it is full of seagulls and crows are going in there, picking this stuff up, tearing it up and it was really bad this past weekend because it got a lot of construction stuff that was just dumped by that dumpster and you come to church in the morning and no one wants to see that. COUNCILMAN TALBOT: Wow. A good day for pickup on Saturday. SUPERVISOR RUSSELL: I actually addressed that originally when it was first put in, I know he responded quickly with a fence for shielding. Of course, that got tagged for graffiti in a matter of days but you know, it is an ongoing struggle and I will certainly bring it to his attention again and ask him to put pressure on that tenant, to address that issue. MR. HEYLIGER: I would appreciate that. Thank you. SUPERVISOR RUSSELL: Thank you. Benja Schwartz MR. SCHWARTZ: You know we have got to talk a little bit about websites but first thing, I am putting a link on SaveCutchogue.com but you might want to put a link on the town website. Suffolk County now has on line a graphical information service map. It is pretty neat. You can check off different features, transportation. For example, you can compare the boundaries of the Cutchogue zip code with the boundaries of the Cutchogue voting districts or the boundaries of the fire districts, anything. It is a very interesting map online, the Suffolk County GIS map. So I am glad the town was discussing moving forward with our own website revisions this morning. How was the website committee created that gave us the report this morning? SUPERVISOR RUSSELL: It was an informal committee of people who were willing to volunteer and some not as willingly. What I did was I put that together in house with myself, Philip Beltz, Ruthanne Woodhull, we asked Claire Glew from the Assessor's office. We tried to pick people who are more likely or readily using that site to represent their office. Heather Lanza from the Planning Department and what we did was we literally started from square one for the various websites that are out there for the various towns, we already got bids or proposals really from two different entities that, one that did the website in Southampton, one that did the website for Brookhaven and we are talking about the administration of that, the implementation and then the ongoing maintenance of that website. So that is how the whole thing, the genesis of the whole thing. MR. SCHWARTZ: I must have missed my invitation there, to the committee but was there a resolution passed to... SUPERVISOR RUSSELL: No, no. April 12, 2011 Page 38 Southold Town Board Meeting Minutes MR. SCHWARTZ: So was chapter 13 of the Southold Town code complied with? SUPERVISOR RUSSELL: How wasn't it? MR. SCHWARTZ: It provides, and this law is our own law, Southold Town law. If you don't wish to comply with it, you could change the law but as long as you, the law is on the book .... SUPERVISOR RUSSELL: How did we not comply with the law? MR. SCHWARTZ: Well, I don't know if you want me to get into a long... SUPERVISOR RUSSELL: Well, it is an ad hoc group of people that came together... MR. SCHWARTZ: Well, the law, Chapter 13 of the Southold Town code provides that if you wish, you may form a committee or a commission or call it whatever you want but that you must use a formal resolution and you must follow certain steps that are outlined in the law. SUPERVISOR RUSSELL: That would speak to committees that were empowering to advance policies and procedures for town operation but an ad hoc group of people that work everyday, I disagree. MR. SCHWARTZ: Well, you know, if you read the law, the law is pretty clear. The plain English of the law says that you are, you, you agree that you may form committees to advise the Town Board but that they will be formed according to the following protocol, section A, section SUPERVISOR RUSSELL: Inaudible. MR. SCHWARTZ: No, there are no ad hoc committees. SUPERVISOR RUSSELL: Ad hoc working group. Yes, there is. It is called the website update ad hoc working group. I mean .... MR. SCHWARTZ: And it is my position that that is in violation of Southold Town law. SUPERVISOR RUSSELL: And I respectfully disagree. MR. SCHWARTZ: Fine. Section, Chapter 13 of Southold Town code is online if anybody would like to read it, I think they might understand it. Final item I have today is related to the Freedom of Information law and I just cannot understand why you would be denying me my right to a copy of a video of an open meeting. This involves both the Freedom of Information laws, the Freedom of Information law and the Open Meeting law. Both of the open government laws, major open government laws of New York State and in our discussion this morning, my understanding was that when I mentioned that I believe that I have a right to a copy of that video, not just to look at it online, you seemed to agree with me and were going to offer me instructions April 12, 2011 Page 39 Southold Town Board Meeting Minutes to copy the video and then I explained to you that it is impossible and then you backed off and then you said that I had a right to view the video but not to copy it. SUPERVISOR RUSSELL: Well, you are technically more savvy than I am, I thought you could just simply copy it right off your computer but at the end of the day, that public meeting is not a public record it is a public service, paid for by Cablevision. You have the right to review it, you have the right to use it, you even provide a link for it on your own website. You have been denied nothing. MR. SCHWARTZ: It is not a public record? SUPERVISOR RUSSELL: The public record would be the minutes of the meeting, which again, you have access to 24/7. We have gone to the state legal counsel, Robert Freeman, who is probably the foremost expert on Freedom of Information law who simply told us, you have been provided everything you asked for. We are not a recording studio. We don't sit here and make things for you at your whim. You have access to the information, you have access to the meeting. It is on our website, it is on your website. We welcome your opportunity to view it at any time you want, day or night. MR. SCHWARTZ: I spoke with Robert Freeman also. He agreed with me when I talked to him. He agreed with you when you talked to him. He agreed with me when I talked to him. He didn't make a decision, you did. That decision .... COUNCILMAN TALBOT: I would like to sit in a room with you and him so we can clarify that. MR. SCHWARTZ: I don't think we need to do that. I think we need to get you all somehow, I wish I could, I just want to know what is in your mind, why would you, what is the Southold Town, you are saying that you've already put it up so you have done enough and you don't want to do anymore. I read the law, it says the more open a government is, the better. People's right to know is basic to our society, the public individually should have access to the records of government in accordance with the provisions of this article, which provides that I can make a copy. You stated that I could come and view the video anytime I wanted but I couldn't have a copy. SUPERVISOR RUSSELL: You have access to it in the, you have it on your own website. You have the meeting. MR. SCHWARTZ: It says the law does not provide me a right to have a copy, that I am only entitled to view it. Now, ifI .... SUPERVISOR RUSSELL: No, you even have it on your website. MR. SCHWARTZ: IfI come to Town Hall and I ask to see a document .... April 12, 2011 Southold Town Board Meeting Minutes Page 40 SUPERVISOR RUSSELL: It's, you know, ... MR. SCHWARTZ: Am I required to look at it? SUPERVISOR RUSSELL: Again, we are not a recording studio. We are a small town government. Not only do you have access to that meeting, you have it on your own website. You have the minutes. All of that is available to you. A few weeks ago .... MR. SCHWARTZ: With all due respect, you are spending a lot of time wasting your time and my time and the time of this Town Board .... SUPERVISOR RUSSELL: I agree, you are wasting our time. But .... MR. SCHWARTZ: It would take five minutes or less to make a copy. Why you won't do that, I have not heard any reasonable explanation. You believe you are doing enough. SUPERVISOR RUSSELL: You already have it. MR. SCHWARTZ: All I am asking for is a disc of a file. A file is a record. I am entitled to a copy of that file. I do not have a copy of that file. I can look at that file, as I explained to you today. It would be like saying I am welcome to attend the Town Board meeting as long as I stay outside the front door and look through the windows. SUPERVISOR RUSSELL: That is specious and argumentative and almost immature to say. You have the meeting... MR. SCHWARTZ: Well, where is my copy? I don't have it. SUPERVISOR RUSSELL: Go on your own website and watch it when you get home. You had a link. Okay. MR. SCHWARTZ: Inaudible .... Website of the company that streams it online but that online stream is extremely and it is not my copy. I don't want to look at it. I want a copy of it. That is what the law says ! am entitled to. And it would take you what? How much would it cost you? How much would it cost the town? How many people are lined up here? Do we have 1,000 people that want copies? No. right now we have one. Why can't I have one copy of a file? Can anybody on the Town Board give me a reasonable, legal answer to that question? COUNCILMAN TALBOT: I don't think anybody can say anything reasonable to you about it anymore. MR. SCHWARTZ: I don't get it. Is that your explanation? COUNCILMAN TALBOT: Well, we have explained it to you three meetings ago. We have explained it to you multiple times .... April 12, 2011 Page 41 Southold Town Board Meeting Minutes MR. SCHWARTZ: I haven't heard a legal basis. COUNCILMAN TALBOT: Are you giving me a legal interpretation? That is your opinion. That is your opinion. MR. SCHWARTZ: No. COUNCILMAN TALBOT: Are you an attorney? COUNCILMAN KRUPSKI: We have a legal... MR. SCHWARTZ: Yes, I am. SUPERVISOR RUSSELL: Are you a practicing attorney? We went to a practicing attorney, admitted to the New York State bar who is the considered the guru on open meetings law who said we have already complied with your request. That is good enough for us. MR. SCHWARTZ: No, he didn't. That is not a criteria under the law. COUNCILMAN TALBOT: We gave him the facts instead of just the gray area of the question that you probably asked him. MR. SCHWARTZ: That is not a criteria under the law. You told me this morning, ifI don't like your answer, I should do what I have to do. In other words, you want me to bring a lawsuit against this town. SUPERVISOR RUSSELL: I didn't say that this morning. MR. SCHWARTZ: Yes, you did. SUPERVISOR RUSSELL: Not this morning, I said that a couple of weeks ago. I said you have options, pursue them. But we have given you everything that you have asked for. MR. SCHWARTZ: You would rather that I institute a lawsuit than spend 5 minutes of the town's time? COUNCILMAN TALBOT: Benja, the gentleman that was here with you this morning was here again before the meeting and I heard him asking the same questions and I heard him say that he thought that you were wrong. MR. SCHWARTZ: Excuse me? Who? Could you repeat that please? COUNCILMAN TALBOT: No. April 12, 2011 Page 42 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: The question is, we didn't deny you anything, you have .... MR. SCHWARTZ: That is why I need a copy of the video. COUNCILMAN TALBOT: You can go review the video tape on that one. MR. SCHWARTZ: And you think you are in compliance with the law that says that you should do everything that you can for government to be open? SUPERVISOR RUSSELL: We think we have. COUNCILMAN KRUPSKI: We believe we are. COUNCILMAN TALBOT: Have you ever asked for a copy of the written minutes on this, at the same meeting you are looking for? MR. SCHWARTZ: I can download a copy of the written minutes. I can download it. COUNCILMAN TALBOT: Inaudible. MR. SCHWARTZ: But I cannot download a copy of the video. COUNCILMAN TALBOT: Inaudible. MR. SCHWARTZ: No, I don't have the video tape. COUNCILMAN TALBOT: We could say anything you want but we are never going to satisfy you with this. MR. SCHWARTZ: No, I would like a legal explanation. Not what somebody told somebody off the record. TOWN ATTORNEY FINNEGAN: Benja, you got a letter, you got a response. MR. SCHWARTZ: No, there is no legal reason there. I have the letter from my attorney. Would you like me to read you the letter from my attorney? TOWN ATTORNEY FINNEGAN: No. We have the letter. Benja, I told you this morning, if you want to pursue this, go to Riverhead Supreme Court and file an Article 78. The Town Board has made a decision that is backed up by the law and by Mr. Freeman. I know you don't agree with that. You have a remedy. There is really no reason to talk about it anymore here. MR. SCHWARTZ: With all due respect, this town is violating the open meetings law, violating the policy and the purpose of the open meetings law and you are putting me in a very difficult position. For me to sue this Town Board, I feel like I am suing one of my siblings, one of my Page 43 April 12, 2011 Southold Town Board Meeting Minutes brothers or sisters or my parents. I consider you to be part of my community, like family and ifI have an argument with my brother, he doesn't tell me, oh, I am not going to give you a copy of that paper, sue me. You know, I am not going to, because what? Why? Why do you want to be so obstinate? COUNCILMAN KRUPSKI: Honestly it is not like it is a knee jerk reaction. You asked, you FOIL'd it, you got a response fi'om the Town Clerk. The Town Clerk, who was Town Clerk of the year by the way, looked into it with the appropriate people in the Department of State and we talked about it with our Town Attorney and it is not like we just gave you a response, no, go away, we actually looked into it and said is this, what are we required to do, what are we supposed to do? What is the whole scenario? MR. SCHWARTZ: I was told that it couldn't be done, that I could do it without your help. I was told that it would endanger the security of the town, the network, the data and the town network. I was told a lot of things but I have not been told why you can't give me a copy ora file which obviously there is not personal privacy, it is an open meeting. So obviously it is not confidential, right? So why can't I have a copy of the file? SUPERVISOR RUSSELL: We are, again, questions have been asked, questions have been answered. I am sorry you don't find those answers satisfactory but we believe we have denied you nothing. MR. SCHWARTZ: I am very unhappy. SUPERVISOR RUSSELL: We have provided everything for you, completely in the spirit of the open meetings law. Marie? Marie Domeniei MARIE DOMENICI: Marie Domenici, Mattituck. I have a question as it relates to the Factory Avenue issue. We did speak about this but 1 think it was something you guys were going to work on. You know, we took down those thru trucking signs that go down Aldrich Lane and so on and so forth but and as I mentioned at one of the last meetings is that people who have been driving that route for a long time, just by you know, virtue of doing it all the time, they still come down Aldrich and come up through Factory Avenue and I was wondering, have you guys approached the DOT as to putting height sign as to what the height limitation is and that thru trucking is available? SUPERVISOR RUSSELL: Yes, we have actually asked for the heights. Actually the Transportation Commission, even before I became Supervisor, I had been requesting that for years and the DOT has said no. that bridge is the height specified under our laws and does not need to be marked with its height. I thing Bill could probably speak with more expertise than I could. COUNCILMAN RULAND: There is not a lot of common sense in their thinking because if you weren't from here and you came up along that in the dark because I have done it in many places far away, you couldn't stop quick enough because there it is, right in front of you. It is kind of April 12,2011 Page 44 Southold Town Board Meeting Minutes unique but there are other places that share the same thing but they are not willing to mark anything that isn't under height. They just don't do it. MS. DOMENICI: But that makes no sense because... COUNCILMAN RULAND: That is right. MS. DOMENICI: I mean, what is the height limitation by the way? COUNCILMAN RULAND: Well, the legal is 13'6" but the bridge is 14 feet. MS. DOMENICI: So would that facilitate all trucks? COUNCILMAN RULAND: Yes. SUPERVISOR RUSSELL: That is the state's position. It is above the height. We set a standard, it is above the height. We don't mark bridges that exceed our height requirements. Funny, if it was 10'6" they would put a sign saying 10'6" but they won't mark any bridge that already exceeds their height requirements. We've tried, actually Councilman Wickham tried a great deal when he was a councilman. This is an old issue that we have been asking for year after year and the answer has always been no. You know how long it took us to get those signs removed which is a very simple enough task. It is, again, dealing with state bureaucracies that tend to get a little bit cemented in their point of view on certain things. COUNCILMAN RULAND: You know, we might be able to approach them with the reverse thinking. There are other places in the state that the signage says thru trucking use Route 25. MS. DOMENICI: That is what I was thinking we should do. COUNCILMAN RULAND: That is something that they might be willing to do because it is done in other areas. And that is to keep, the reverse, keep them off other roads without banning them from other roads. MS. DOMENICI: So .... COUNCILMAN RULAND: There are, if you go, how do I explain this quickly? There is an atlas, let's call it an atlas just for trucking, it is different than any atlas and in those things, it will tell you where every bridge is in the country and where you are not supposed to go. Most of them still show that you don't go there. You go around. Now with the advent of the intemet, the newer things people are driving around with a machine telling them where to go... MS. DOMENICI: GPS. COUNCILMAN RULAND: Yes. And most of the time that works pretty good. That is a longer term solution to get, it would be the, what is the equivalent, what is the map? April 12, 2011 Page 45 Southold Town Board Meeting Minutes MS. DOMENICI: McNally? Rand-McNally? COUNCILMAN RULAND: Yes, Rand-McNally. To republish how one little spot in one little area of the country is, alright, but the opposite is also done also by the DOT in all trucks use this road to the weigh station. They don't have a problem with doing that. So I would tend to think that if we had the Transportation Commission approach them with all thru trucking use Route 25 .... JUSTICE EVANS: Inaudible. MS. DOMENICI: Inaudible. COUNCILMAN RULAND: Well, you have to start sometime. SUPERVISOR RUSSELL: You mean changing the nature of the request and hopefully change the outcome. MS. DOMENICI: Right. Potato, potatoe. So if we could work on that, maybe just get them to put the thru trucking signs up and then we don't care about the height limitations because it doesn't have an impact on anybody. And whose bridge is that? SUPERVISOR RUSSELL: Railroad. The MTA. MS. DOMENICI: Oh, so we can't put a sign on that if we wanted to? SUPERVISOR RUSSELL: I am actually trying to negotiate, the MTA, when I was an Assessor I tried to tax the MTA from the income that they earned when the sign first went up. For years we never had a sign there and then they decided we are going to start leasing out this space, so as an Assessor, I decided that they were turning it into an income property, I am going to assess them for that. I think I lasted about three weeks in court before it tums out the MTA can't be taxed even when they are collecting rents. We would very much be interested, I recognize the MTA's need for the income. The facilities manager that would handle that, I have been in contact with to discuss what would be a long term lease agreement for the town? So that maybe we can just simply, if we can't boot htem off; maybe rent (inaudible) and create a sign that says Welcome to Southold Town across that bridge rather than you know, this business and that business. Right now, the businesses are local and it is fairly innocuous but someday soon enough you are going to have a bright red sign with red with yellow arches on it. That is what we are trying to avoid. The question is, how much is it going to cost and if we can get a long term contract, maybe at a greatly reduced rental fee. I am trying. MS. DOMENICI: Well, maybe they can give us the sign and you guys can work out the nuances of who gets the bridge and what it costs. But yes, if we can get that sign that simply says thru trucking, then the truckers, because I saw it the other day. I happened to be heading in that direction, I saw a guy coming down and going all the way around and then when he got to 25, he April 12, 2011 Page 46 Southold Town Board Meeting Minutes made his left tum and he went where he had to go and with gasoline being what it is, it would be nice if someone could take a straight run from point A to point B and not, you know, add to the pollution and carbon emissions and all of that. But anyway, thank you for your help. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on any issue? Amy Uyanik, Southold AMY UYANIK: Amy Uyanik, Southold. Can you tell me what is thc plans for fixing up the town beach for this summer? SUPERVISOR RUSSELL: Yes, we actually have a permit in now with the DEC, we are waiting for approval. The plan would restore the parking area that had eroded, it would provide a small barrier wall and some revetment rock to prevent it from happening again. It would also provide for other, more or less, the re-excavating of that sand, moving that sand and material that is there and re-grading the beach and then bringing in more sand as needed to fill it out so that it would be a nice, sandy beach again. The application is pending, we are waiting for the DEC response and approval. MS. UYANIK: Okay, so it will be ready for this summer? SUPERVISOR RUSSELL: We are trying to move it along as quickly as we can. Councilman Krupski and myself actually drove up to DEC last week in Stony Brook, to meet with them to try to shepherd the application along. We have FEMA is perhaps going to be paying for a part, if not all of that restoration, so we are working that out at the same time because it is a costly repair but we met with the DEC, the regional director, just a week ago to try to shepherd it along. MS. UYANIK: Okay. Thank you very much. SUPERVISOR RUSSELL: Thank you. Councilman Ruland COUNCILMAN RULAND: Can I have two minutes of my colleagues time? For the benefit of the audience, I just wanted to give you some quick committee updates. First from the loss control, we have had monthly meetings all along, we are almost at a point now where we are not going to need them and if you have seen all of that basically mundane' legal stuff come before you about all the policies and things that, alright but the bottom line is, all these things will in fact, help us maintain a lower insurance rate. Very important for the overall financial health of the town. From the supervisor and myself from the Audit Committee on the 26th, the Comptroller will be coming to the work session to give you a update on the first three months of the financial condition of the town. From the Fleet and Fuel Management Project, we finally have the conduit installed between the main highway building and the building across the yard and that was through the efforts of the DPW and with the cooperation of the Highway Superintendent, we have that installed and the equipment is in the process of being delivered, so we are finally moving forward with our fuel management. And as far as fuel management as it relates to the management of the entire fleet, in meeting with the police chief and help from the April 12,2011 Page 47 Southold Town Board Meeting Minutes comptroller when it came to the money part, we have determined that the police department lubrication needs were being met more than sufficiently by the state contract, better than we could do through our competitive bidding process. We were able to identify that in fact, we can buy the same product in bulk so that the town is doing its part in reducing the voluminous amounts of quart bottles that were being disposed as a result of and certainly it is going to take up a lot less space and storage at the vendor who was doing the police service. So I think that's, and the chief was very helpful, I spoke with him today about it and we got it all worked out that his next order is going to be in bulk dram and he will be able to keep the quarts in reserve, so that if he needs a quart at the gas shack otherwise. So we, and there is as I think I indicated to some of you but not all of you by doing that, there is a little less than $3 a gallon difference in the price. So we are saving money, getting the same product. Not throwing away all those quart plastic bottles. ! think it is a win-win for everybody, that is the end of my report. Thank you for your time. Supervisor Russell SUPERVISOR RUSSELL: Thanks for your hard work on the amount of time you have invested in saving this town money. Councilman Krupski COUNCILMAN KRUPSKI: Yes. Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 9:00 P.M. Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell