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Home My WebLink AboutTB-04/26/20112. 3. 4. ELIZABETH 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 26, 2011 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, April 26, 2011 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 4:30 PM with the Pledge of Allegiance to the Flag. Call to Order 4:30 PM Meeting called to order on April 26, 2011 at Meeting Hall, 53095 Route 25, Southold, NY. l. Reports Budget Justice William H. Price Jr. Justice Louisa P. Evans Program for the Disabled II. Public Notices 1. Suffolk County Shellfish Aquaculture Lease Program 2. Liquor License Renewal III. Communications Letter Commending Highway Department IV. Discussion 1. 9:00 A.M. - John Cushman 2. 9:30 A.M. - John Cushman & Land Preservation 3. 9:45 A.M. - John Cushman 4. 10:00 A.M. - John Cushman, Lloyd Reisenberg, Jamie Richter & Jim McMahon 5. 10:15 A.M. - Jim McMahon 6. 10:30 A.M. - Jim Bunchuck 7. 10:45 A.M. - Lloyd Reisenberg 8. 11:00 A.M. - Jamie Richter & John Sepenoski 9. Request for Use of Strawberry Fields 10. Energy Policy 11. Calculation and Verification of Livable Floor Area Policy April 26, 2011 Page 2 Southold Town Board Meeting Minutes 12. Resignation from Landmarks Preservation Commission 13. Local Law/Carter Permits 14. Appointments to Land Preservation Committee 15. 12:00 P.M. - Executive Session - CANCELLED - Melissa Spirt & Stephen Seari 16. Executive Session - Litigation 17. Executive Session - Labor 18. Executive Session - Contracts 19. LL/Amendments Pledge to the Flag Supervisor Scott Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance to the Flag. Thank you. Before we get on with the business of the Town Board meeting, what I am going to do is I am going to present some awards. As you know, we have tree poster contests each year. I am going to invite the chairman of the Tree Committee up, Dave Cichanowicz, come on up. We would like to present certificates to the winners, so why don't you call them up and I will hand them out. Special Presentation 4:30 Arbor Day Poster Winners Supervisor Russell Davis Ciehanowicz, Ch, Tree Committee DAVE CICHANOWICZ, CHAIRMAN SOUTHOLD TREE COMMITTEE: Okay, this years winner from Oysterponds, Jake Skrezec. Jake, this is a $25 gift card that you can use for a spending spree. Great job on the poster and well done, thank you for being part of our poster contest. SUPERVISOR RUSSELL: Nice job. While you are up here, here is your certificate. Congratulations. This is from the entire Town Board. I am going to ask you real quick to show us which poster is yours, so everybody can see. Keep trees safe, very nice. Thank you very much. MR. CICHANOWICZ: Next from Greenport is Ellen Cecaida, I don't believe she is here. We have a gift certificate for her as well and we will make sure she gets it. Next is Our Lady of Mercy, Rita Ellis. Very good job. SUPERVISOR RUSSELL: Which one is yours? I would ask everybody to take some time after the meeting tonight to take a look at these posters, they are absolutely outstanding, very good. Nice job. Arbor Day, Reduce, Reuse, Recycle, don't cut down trees, plant trees. MR. CICHANOWICZ: Next from New Suffolk, Jeremy Waldron. Which one is your poster? April 26, 2011 Page 3 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Save a tree, recycle with me. Excellent. Very nice. Congratulations. MR. CICHANOWICZ: Now, the grand winner, the one we picked out from all the schools, 1st place, it is a $50 girl card. And they also memorialize the poster with bookmarks that they handed out to all the kids for Arbor day. So this is the bookmark that is made out of the poster. So, Liam Mullen. (Inaudible) I also want to give out special thanks to Rutharme Woodhull for helping put up all the posters throughout Town Hall. That is quite a job in itself. So thanks for doing that, thanks to the Town Board and all of your support. COUNCILMAN KRUPSKI: Thank you for your work. MR. CICHANOWlCZ: Inaudible. Supervisor Russell SUPERVISOR RUSSELL: Again, I want to say congratulations to each and everyone of you and I strongly encourage the public, we will leave the posters up for several day, so people that watch us on tv, to please feel free to come on in and look at these posters. It is a job well done by all the students. It is a job well done by all the students and thank you to the Tree Committee, thank you to Peggy Murphy. Thank you very much. What I would like to do is anyone that would like to comment on any item as it appears on the agenda to please feel free to come up now. Would anybody like to comment on any of the .... Ron Fisher, Go-Green RON FISHER: Hi, how are you? Can you hear me okay? My name is Ron Fisher and I just have a couple of comments on the proposed garbage .... SUPERVISOR RUSSELL: Okay. What I would ask is that we actually have that scheduled for a public hearing, so very shortly you will be given the opportunity to address the issues with regard to that local law. We will be happy to hear everything you say. MR. FISHER: Inaudible. SUPERVISOR RUSSELL: Yes, we will just try to get some of the other agenda items out of the way first. MR. FISHER: Okay. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Okay. Would anybody like to comment on any of the agenda items? ( No response) V. Resolutions 2011-333 cA TEGOR Y: Audit April 26, 2011 Southold Town Board Meeting Minutes Page 4 DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated April 26~ 2011. Adopted Adopt~ ~ ~d~ ~f~t~ Ye~Aye No~ay Abstain Absent Tabl~ William Ruled Vot~ ~ ~ ~ ~ Wi~dmm Vinc~t ~l~do Vot~ ~ ~ ~ ~ Sup~isor's Appt ~stoph~ ~a~b0t S~nd~ ~ U ~ ~ Tax R<eiv~s Appt ~!b~ ~Pqki J[. Vot~ ~ ~ ~ ~ R~hd~ ~uisa P. Evans hitiator ~ U ~ ~ Tom Cl~k's Appt Scott Russell ~ Vot~ ~ ~ ~ U Supt Hgwys Appt No Action 2011-334 CATEGOR~ DEPARTMENT: Set Meeting Town Clerk Set Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held at 7:30 PM on Tuesday~ May 10t 2011 at the Southold Town Hall, Southold, New York vote Record 2 Resolution RESA2011-334 [] Adopted [] Adopted as Amended [] Defeated , Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [3 [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisors Appt Christopher Talbot Seconder [] [] [] [] [] Tax Receiver's Appt A!bm ~psk! JL ~p~er ~ U [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-335 CA TEGOR Y: DEPARTMENT: Employmem - Town Accounting Hire Robert Barry Pump Out Boat Operator RESOLVED that the Town Board of the Town of Southold hereby appoints Robert Barry. 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. April 26, 2011 Southold Town Board Meeting Minutes Page 5 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Absta n Absent [] Tabled ~iiii~ Rui~d Initiator [] [] [] [] [] Withdrawn vincent Orlando Seconder I~ ' Vi [] [] [] Supervisor's Appt Christopher Talbot Voter [] [2 [] [] [] Tax Receiver's Appt XY~ i~ki Jrl X/o~er gl r~ [] 13 [] Rescinded Louisa P. Evans Voter gl 13 Vi [] [] Town Clerk's Appt Scott Russell Voter [] [] F1 [] [] Supt Hgwys Appt [] No Action 2011-336 CATEGOR~ DEPARTMENT: Budget Modification Solid Waste Management District Budget Mod for Volvo Loader Fiscal Impact: Needed to cover cost for multiple contractor site visits to diagnose and repair hydraulic leak. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 Solid Waste Management District budget as follows: From: SR 8160.4.100.552 Maintenance/Supplies Volvo Loader SR 8160.4.100.660 Paper Leaf Bags Totals To: SR 8160.4.400.651 Repairs Volvo Loader Totals $1,000 4,000 $5,000 $5,000 $5,OOO ,~ Vote ReCOrd, R~lution RE~2011~336 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] 132] [] [] [] Withdrawn [] Super~isor's Appt Christopher Talbot Voter [] [] [] 13 [] Tax Receiver's Appt Albert Krapski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt ~firii R~Seil Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-337 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Susan Pontino PT Clerk Typist April 26, 2011 Page 6 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby appoints Susan N. Pontino to the position of part-time Clerk Typist for the Building Department and Code Enforcement, effective April 27, 2011, at a rate of $13.25 per hour. 'g' Vote Re~°rd, Re~oluflon RES~2011~337 : ,, , [] Adopted [] Adopted as Amended [] Defeated yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando seconder [] v1 ~ v1 [] Supervisors Appt Christopher Talbot Voter [] El [] [] [] Tax Receiver's Appt Albert Kmpski Jr. initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt ~ D : [] Fl Scott Russell Voter [] Supt Hgwys Appt [] No Action 2011-338 CA TEGOR Y: DEPARTMENT: Attend Seminar Police Dept Grant Permission to Chief Carlisle E. Cochran, Jr., to Attend Annual New York State Chiefs of Police Association, Inc., Training Conference in Lake Placid, NY RESOLVED that the Town Board of the Town of Southold hereby grants permission to Chief Carlisle E. Cochran~ Jr, to attend the NYS Chiefs of Police Association~ Inc, annual training conference commencing on Sunday~ July 17 through Wednesday~ July 20~ 2011 in Lake Placid~ New York. All expenses for registration, lodging and travel to be a legal charge to the 2011 Police Training budget line - A.3120.4.600.200. Travel to be by department vehicle. Vote Record - ReSOlution RES-2011-338 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruiand Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt C~;~;pher TalbOt seconder [] FI Fl [] [] Tax Receiver's Appt Albert KraPSki Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-339 CA TEGOR Y: DEPARTMENT: Attend Seminar Police Dept Request for Captain Flatley to Attend the FBI National Academy Associates 2011 Chapter Training Conference April 26, 2011 Southold Town Board Meeting Minutes Page 7 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Captain Martin Flafley to attend the FBI National Academy 2011 Chapter Training Conference in Tappan~ NY from July 15~ 2011 to July 18~ 2011. All expenses for registration, lodging and travel to be a legal charge to the 2011 Police Training Budget Line- A.3120.4.600.200. Travel to be by department vehicle. [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland : Seconder [] [] [] [] V1 Withdrawn Vincent Orlando Voter [] : [] [3 [] [] Supervisot's Appt Christopher Talbot Initiator [] [] [] [] [] Tax Receiver's Appt Albert ~PSk! Jr- Voter [] Rescinded Louisa P. Evans Voter El [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [2] No Action 2011-340 CATEGOR~ DEPARTMEN~ Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement Between the Town of Southold and the Village of Greenport for the Use of the Village Marine Pump-Out Station 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 the Village of Greenport for the use of the Village Marine Pump-Out Station in connection with the Trustees' pump-out boat for the period May 20, 2011 through October 31,2011, subject to the approval of the Town Attorney. ,/Vote Record ~ ReSOlution RES-2011 "340 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Voter [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receivers Appt Albert Krapski Jr. Voter [] [] El [] [] Rescinded Loui~ P. Ev~n~ Seconder ~ [] ~ 0 [] Town Clerk's Appt ~ [2] V1 [] Scott Russell Voter 13 Supt Hgwys Appt [] No Action 2011-341 CATEGOR~ DEPARTMENT: Contracts, Lease & Agreements Recreation Hire Summer Recreation Program Instructors April 26, 2011 Page 8 Southold Town Board Meeting Minutes Resolved that the Town Board of the Town of Southold authorize and direct Supervisor Scott A. Russell to execute an agreement with the following individuals and businesses for the summer 2011 recreation programs, all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the recreation department's 2011 instructor line A7020.4.500.420. Lynda Agrusso (guitar) ............................................. $30/hour Christine Angel (youth ballet & jazz) ............................. $1 O/hour Lisa Baglivi (watercolor) ......................................... $30/hour Eugenia Cherouski (folk dancing) ......................................... $30/hour Lenora Dome (belly dancing) ................................................ $30/hour Martha Eagle (aerobics/Pilates/yogadpower stretching) ....... $30/hour Denise Gillies (tai chi) ............................................ $30/hour Rosemary Martilotta (yoga) ................................................... $55/class Judy McCleery (digital photography) ............................ $30/hour Kate McDowell (tennis) ........................................... $30/hour Thomas McGunnigle (golf') ....................................... $50/person Mallaigh Nolan (youth ballet & jazz) ............................. $1 O/hour Siobhan Nolan (youth ballet & jazz) .............................. $1 O/hour North Fork School for Dogs (dog obedience) ...................$70/person Theresa Pressler (youth arts & crafts program) .................. $30/hour R&C Agency Management Corporation (defensive driving)... $30/person Steve Smith (weight training) ................................................... $30/hour Barbara Terranova (hiking,) ......................................... $30/hour The Little Red Riding School (Horseback) ......................$90/person Vote Record: Resolution RES~2011-341 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator {3 {3 [] [] [] Supervisor's Appt ~St;~her T~ ~ ~;~er {3 [3 F1 F1 [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [3 [] [] [] Town Clerk's Appt Scott Russell Voter [] : [] [] [] [] Supt Hgwys Appt [] No Action 2011-342 CATEGOR~ DEPARTMENT: Contracts, Lease & Agreements Town Attorney Directs Supervisor Scott A. Russell to Execute the Agreement Between the Town of Southold and the Suffolk County Office for the Aging for Community Services for the Elderly Residential Repair Program 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 the Suffolk County, Office for the Aging for community services for the Elderly Residential April 26, 2011 Page 9 Southold Town Board Meeting Minutes Repair Program for the period April 1,2011 through March 31, 2012, subject to the approval of the Town Attorney. ~ V0te Re{0gd ~ ReSolution RESt20 ! !;342 ~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Na~ Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. !p!~!a~p[ ~ D [] [] [3 Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-343 CATEGORY: DEPARTMENT: Authorize to Bid Highway Department Authorize and Directs the Town Clerk to Advertise for Various Road Treatment Bids for the Calendar Year 2011 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for various road treatment bids for the calendar year 2011. ~ V0t~Rcc°rd ~ Resoluti°n RES-2011¢343 I [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt C~opher Talbo~ Seconder [] [] [] [] [] Tax Receiver's Appt Albert IQupski Jr~ Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [3 [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] 13 [] Supt Hgwys Appt [] No Action 2011-344 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Appoint Norman "Sam" McCullough and Reappoints Lillian Ball, Eric Keil, and Raymond Huntington to the Land Preservation Committee RESOLVED the Town Board of the Town of Southold hereby appoints Norman "Sam" MeCullough and reappoints Lillian Ball~ Erie Keil~ and Raymond Huntington to the Land Preservation Committee for a 2 year term effective immediately through March 31, 2013. April 26, 2011 Page 10 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William R~land Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [3 [] [] [] Supervisor's Appt Cluistopher Talbot inifiai0r [] [] FI [] [] Tax Receiver's Appt ~1 Fl Fl ~ A!b~ ~P~k! Jr- Voter [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 344 COUNCILMAN KRUPSKI: I would just like to thank Chris Baiz, who served on that committee before, who did a good job, he put a lot into it and the Town appreciates his service and his hardwork. SUPERVISOR RUSSELL: I am going to second that and say Chris also as the Chairman of the Town's Aghcultural Advisory Committee, continues to be a very important part of town govemment. 2011-345 CATEGOR~ DEPARTMENT: Attend Seminar Town Clerk Grant Permission to Town Clerk Elizabeth Neville to Attend the 2011 New York State Town Clerks Association Conference at Buffalo, New York, on April 30 through May 4, 2011 RESOLVED the Town Board of the Town of Southold hereby grants permission to Town Clerk Elizabeth Neville to attend the 2011 New York State Town Clerks Association Conference at Buffalo~ New Yorlh on April 30 through May 4~ 2011. All expenses for registration, travel, lodging and meals to be a legal charge to the 2011 Town Clerk whole town budget (meetings and seminars) A.1410.4.600.200. ~' ¥0te;Rec0r0~ - Res01uti0~ RESt20 H~345 [] Adopted [] Adopted as Atnended [] Def~t~ Ye~Aye No~ay Abstain Absent ~ Tabled William ~i~d Initiator ~ D ~ ~ D Wi~wn Vinc~t ~land~ S~ond~ ~ ~ ~ ~ O Sup~i~r's Appt C~stoph~ Talbot Vot~ ~ Tax R~fiv~'s Appt Alb~ Kmpski Jr. Vot~ ~ ~ ~ ~ ~ Rescind~ ~uisa P. Evm~s Vot~ ~ ~ ~ ~ ~ To~ Cl~k's Appt Scott Russell Vot~ ~ : D D D ~ Supt Hg~s Appt ~ No Action 2011-346 CA TE GO R Y: DEPARTMENT: Grants Public Works Laurel Lake Demolition of Structures April 26, 2011 Page 11 Southold Town Board Meeting Minutes Fiscal Impact: Removal of wooden dock, concrete block foundation and concrete block building, funded 100% by a grant from NYS Office of Parks, Recreation and Historic Preservation RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for a Request for the removal of the remains of a wooden dock and concrete block buildings at the Laurel Lake Preserve~ in accordance with specifications, subject to approval of the Town Attorney. 1ol Adopted [] Adopted as Amended [] Defeated Yes/AYe No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt ~t~ ~ ~i ~ter ~ FI Fl Fl [] Tax Receiver's Appt A!be~ ~p~k! .b'~ Vp[~ [] ~ ~ [] [] Rescinded Louisa P. Evans Voter [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-347 CA TEGOR Y: Policies DEPARTMENT: Accounting Enact a Debt Service Policy for 2011 for the Community Preservation Fund Enact a Debt Service Policy for 2011 for the Community Preservation Fund WHEREAS it is the policy of the Town of Southold to maintain prudent reserve amounts in its Operating Funds in order to have working capital and to fund debt service requirements, and appropriate reserve amounts in each Operating Fund vary due to differing cash flows, revenues, expenses, and statutory considerations within each Operating Fund, and WHEREAS the Community Preservation Fund (CPF) Program is financed by a 2% tax on real property transfers town-wide pursuant to New York State Town Law Section 64-e and Tax Law Section 1449-33, and WHEREAS the CPF Program was established by a voter-approved local law adopted in 1998, and by subsequent voter-approved local laws, the sunset date was extended to the year 2030, and WHEREAS to extend purchasing power beyond the CPF monthly revenue levels received since 1998, the Town of Southold authorized bonded indebtedness totaling $32.5 million for open space and farmland preservation purposes, which includes unissued bonds totaling $10 million approved by Resolution No. 2007-252 of February 27, 2007 (original authorization $22.5 April 26, 2011 Page 12 Southold Town Board Meeting Minutes million, $7.5 million issued in 2008, $5 million issued in 2009), and WHEREAS the current debt service obligations projected for 2011 are $1.636 million, debt service obligations for unissued bonds totaling $10 million are estimated to be about $.78 million for a total annual debt service obligation estimated to be about $2.416 million, and, due to an economic downturn and volatility in the real estate market, CPF revenues for 2011 were budgeted to total $2.88 million, and WHEREAS the Town Board has determined that an adequate fund balance should be maintained in the CPF in order to meet the Town's obligations to repay the bonded indebtedness authorized to extend the purchasing power beyond the monthly CPF revenue levels from the CPF and to protect the General Fund Whole Town taxpayers from the volatility of CPF revenues during the current and subsequent year, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby directs Supervisor Scott Russell to set aside CPF monies equal to that portion of the budget remaining in the current year CPF appropriation for debt service to be used to pay the Town's obligations to make CPF related bonded indebtedness payments for the remainder of the current year, and be it further RESOLVED that the Town Board of the Town of Southold hereby directs Supervisor Scott Russell to set aside additional CPF monies equal to the estimated debt service requirements for CPF related bonded indebtedness, both issued and unissued, for next year, and be it fmther RESOLVED that the Town Board will review and reconsider this policy on an annual basis. Vote Record - Resolution RES-2011-347 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye NofNay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] Fl [] Supt Hgwys Appt [] No Action 2011-348 CATEGORY: DEPARTMENT: Local Law Public Heating Town Attorney LL/Wind Energy & Accessory Apartments April 26, 2011 Southold Town Board Meeting Minutes Page 13 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 26th day of April, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 277~ Wind Energy~ and Chapter 280~ Zoning~ in connection with Small Wind Energy Systems and Accessory Apartments" and RESOLVED that the Town Board of the Town of Southold will hold a public heating on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 24th day of May, 2011 at 4:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 277~ Wind Enerl~ and Chapter 280~ Zoning~ in connection with Small Wind Energy Systems and Accessory Apartments" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 277~ Wind Energy~ and Chapter 280~ Zoning~ in connection with Small Wind Energy Systems and Accessory Apartments". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold has reviewed the definition of small wind energy system in Chapter 277 and Chapter 280 and has determined that the kilowatt requirement is too restrictive and requires revision. Additionally, the Town Board is clarifying its intent in §280- 13(B)(13)(f) to allow for the conversion of an accessory structure in its entirety to an accessory apartment so long as the remaining criteria in §280-13(B)(13) are met. II. Chapter 277 of the Code of the Town of Southold is hereby amended as follows: § 277-1. Definitions. SMALL WIND ENERGY SYSTEM -- A wind energy conversion system consisting ora wind turbine (not to exceed g$125 kilowatts of production), a tower, and associated control or conversion electronics, which has a rated capacity intended primarily to reduce on-site consumption of utility power. III. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. SMALL WIND ENERGY SYSTEM -- A wind energy conversion system consisting of a wind turbine (not to exceed ~5 125 kilowatts of production), a tower, and associated control or April 26, 2011 Southold Town Board Meeting Minutes Page 14 conversion electronics, which has a rated capacity intended primarily to reduce on-site consumption of utility power. [Added 7-17-2007 by L.L. No. 15-2007] §280-13. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsections B(I, 13, & 14) hereof, are subject to site plan approval by the Planning Board: [Amended 12-21-1993 by L.L. No. 27-1993] (13) One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: (f) The accessory structure which is converted, in whole or in part, to permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued prior to January 1, 2008. IV. 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. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record -Resolution RES-20ii-348 [] Adopted [] Adopted as Amended [] Defeated ~s/~y~ No/Nay Abstain Absent [] Tabled William Ruland Voter [] 13 [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Seconder [] [] [] El [] Tax Receiver's Appt Albert Kmpsk! J[: ~0!er [] F1 [] [] [] Rescinded Louisa P. Evans Initiator [] ; [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [3 [] 1~ [] Supt Hgwys Appt [] No Action 2011-349 CATEGORY: DEPARTMENT: Legislation Town Attorney LL/Wind Energy & Acc. Apts. to SCPC & PB RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to forward the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 277~ Wind Enerk, y~ and Chapter 280, Zoning, in connection with April 26, 2011 Page 15 Southold Town Board Meeting Minutes Small Wind Enerl~ Systems and Accessory Apartments" to the Suffolk County Planning Commission and the Southold Town Planning Board for their review and recommendation. Vote R~cord - R~oluaon RES-2011-349 []' "" Adopted ' [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withd~wn Vincent Orlando Voter [] [] [] [] [] Supetvisor's Appt Christopher Talbot Initiator [] [] [] 13 [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-350 CATEGORY: DEPARTMENT: Policies Land Preservation Adopt AgPDD Policy RESOLVED that pursuant to Chapter 280-176 of Article XXX, Agricultural Planned Development District (AgPDD) of the Town Code, the Town Board of the Town of Southold hereby sets the annual price to be paid by the Town for AgPDD development rights sales at $60,500 per true acre. BE IT FURTHER RESOLVED that the annual purchase price shall be valid for up to a year from the date of adoption, and that such purchase price may be amended during the annual time period upon recommendation by the Land Preservation Committee and adoption of same by the Town Board. BE IT FURTHER RESOLVED that the Town Board of the Town of Southold hereby adopts the Policy for the Agricultural Planned Development District (AgPDD) Section 280-176 (Price for Development Rights) dated April 26, 2011, effective immediately. Vote Record -Resolution RESz2011-350 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland initiator [] [] [] [] [] Withdrawn Vincent Orlando Voter [] FI [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krapski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-351 CA TEGORY: Close/Use Town Roads April 26, 2011 Southold Town Board Meeting Minutes Page 16 DEPARTMENT: Town Clerk North Fork Country Club Member/Guest Tournament Fiscal Impact: Police cost for event - $633.18 RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to the North Fork Country Club's Annual Golf Tournament in Cutcho~ue for a limited closure of Moore's Lane~ from the Main Road to the southerly line of the "Country Club Estates" subdivision~ total closure from that southerly point south to the northern line of the William Tyree land parcel~ and limited closure from that point south to the intersection of Moores Lane and New Suffolk Avenue (closures would permit access to residents of Moores Lane and "Country. Club Estates"), on Friday~ July 15, 2011 from 7:00 AM to 6:00 PM and Saturday, July 16, 2011 from 7:00 AM to 3:00 PM provided they file with the Town Clerk a $100 fee, a $250 Clean-up Deposit, a remuneration fee for police coverage of $633.18 and a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley immediately upon 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; Res~luti0n RES-2011.35I , [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt CinSstopher Talbot Voter [] [3 [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] : [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott RusselI Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-352 CA TEGOR Y: DEPARTMENT: Misc. Public Hearing Town Attorney MS4 SWMPP & Annual Report PH 5/10/11 WHEREAS, the Town of Southold Stormwater Management Plan & Regulations are intended to satisfy the regulatory requirements for mandatory MS4 communities and result in the issuance of a General Permit for the Town's stormwater discharges and represents an agreement by the Town and its respective departments to work together in reducing pollutants to our shared watersheds and waterbodies; and WHEREAS, as a part of its Stormwater Management Plan & Regulations, the Town of Southold will perform annual evaluations of their programs, including status of activities proposed and completed, program compliance, the appropriateness of identified management practices, April 26, 2011 Page 17 Southold Town Board Meeting Minutes progress towards achieving identified goals, and other program information; and WHEREAS, prior to submittal to the State Stormwater Management Program Office, the Annual Stormwater Management Status Report must be presented at a public forum and the public afforded the capability of offering comments; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby sets May 10t 2011 at 7:39 p.m. at Southold Town Hall, 53095 Main Road~ Southold~ as the time and place to hold a public information hearing to allow the public to ask questions and make comments on the draft Annual SPDES Phase 2 Status Report Regarding the Town of Southold Stormwater Management Plan. A complete copy of the draft Annual Stormwater Management Plan Status Report will be available at the Southold Town Clerk's Office during normal business hours and will also be available on the Town's website: southoldtown.northfork.net. Seven (7) days will be provided for written comment after the close of the public hearing. ~ Adopted [] Adopted as Amended [] Defeated yes/Ay~ N&Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Superviso~'s Appt Christopher Talbot Voter E] [] [] [] [] Tax Receiver's Appt Albert Kmp~ki Jr. ~ii!~i~r ~ [3 [3 [3 [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt ~ [] ~ [] Scott Russell Voter [] Supt Hgwys Appt [] No Action 2011-353 CATEGOR~ DEPARTMENT: Policies Town Attorney Calculation & Verification of Livable Floor Area Policy RESOLVED that the Town Board of the Town of Southold hereby adopts the following Policy: CALCULATION AND VERIFICATION OF LIVABLE FLOOR AREA POLICY In 2010, the Town Board adopted a Local Law entitled "A Local Law in relation to Amendments to Use Regulations within the Agricultural Conservation (A-C) District and Low Density Residential R-40, R-80, R-120, R-200, and R-400 Districts and Accessory Apartments", which permits accessory apartments in accessory structures, subject to special permit approval by the Zoning Board of Appeals. One of the special permit criteria requires a proposal for an accessory apartment in an accessory structure to be "no less than 450 square feet and shall not exceed 750 square feet of livable floor area" (§280-13(B)(13)(f)). Special permit applications to the Zoning Board of Appeals do not require review by Building Department prior to the submission of an application. However, there may be instances where the Building Department review is required to verify the proposed square footage of an accessory apartment. April 26, 2011 Page 18 Southold Town Board Meeting Minutes The Town Board hereby directs the Building Department to verify livable floor area in all special p~rmit applications submitted to the Zoning Board of Appeals within 14 days of receipt of the application from the ZBA Office. [] Adopted [] Adopted as Amended [] Defeated Yes/Aye : No/Nay . Abstain Absent [] Tabled Wiiiiam Ruiahd voter [] [] [] [] 0 r~ 0 r~ [] Withdrawn Vincent Orlando Voter [] Supervisor's Appt C~iopher Thibot ~0nder El 13 13 [] Tax Receiver's Appt A!be~ ~p~k! .h'r Voter I'~ El 1321 13 [] Rescinded Louisa P. Evans Initiator ~ El 13 [] [] Town Clerk's Appt Scott Russell Voter [] [] 13 [] [] Supt Hgwys Appt [] No Action 2011-354 CATEGORY: DEPARTMENT: Budget Modification Accounting Modify 2011 Budget to Appropriate FEMA/SEMO Aid Fiscal Impact: Appropriate FEMA and SEMO aid and Town match for storm damage at Town Beach, Kenny's Beach, McCabe's Beach, and Soundview Ave. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 budget as follows: General Fund Whole Town Appropriations: From: A. 1990.4.100.100 To: A. 1620.4.400.250 Revenues: Increase: A.3960.10 A.4960.10 Unallocated Contingencies Storm Damage/Beach Restoration SEMO Aid, General Government FEMA Aid, General Government Highway Fund Part Town Appropriations From: DB.5110.4.100.900 Resurfacing Projects To: DB.5110.4.400.250 Storm Damage/Road Stabilization Revenues: $15,227 $281,395 $38,024 228,144 $14,532 $164,200 April 26, 2011 Page 19 Southold Town Board Meeting Minutes Increase: DB.3960.50 SEMO Aid, Transportation $21,381 DB.4960.50 FEMA Aid, Transportation 128,287 ~' Vote Record .. Re~olution RES-2011-354, ,, , , , , , [] Adopted [] Adopted as Amended Fl Def~ated Yes/Aye No/Nay Abstain Absent r-I Tabled William Ruland Voter [] [] r-I r-I [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Initiator [] [] [] [] [] Tax Receiver*s Appt A!b~ ~p~k! J~: ~9ier [] El El 12] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-355 CATEGORY: DEPARTMENT: Committee Appointment Town Attorney Establish FISD Advisory Committee & Appoint Members RESOLVED that the Town Board of the Town of Southold hereby establishes the Fishers Island Sewer District Advisory Committee for the purpose of facilitating communications and fostering ideas to better manage the District in both the day-to-day and long-term operations of the system~ in accordance with current Town regulations~ and to make recommendations to the Town Board and the Commissioners of the District regarding same; and be it further RESOLVED that said Committee will consist of up to seven members and the following members shall serve on said Committee~ effective May 1~ 2011: Town Council Member Louisa Evans Gordon S. Murphy Michael Roberts R. Dixon H. Harvey, Jr. Town Engineer Vote Record - Resolution RE8-2011-355 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [3 [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbpt Voter [] [] [] [] [] Tax Receivers Appt Albert Krupski Jr. Voter [] Fl [] [] [] Rescinded Louisa P. Evans Voter [] F1 [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] r~ F1 Supt Hgwys Appt [] No Action April 26, 2011 Southold Town Board Meeting Minutes Page 20 2011-356 CATEGORY: DEPARTMENT: Litigation Town Attorney Retains Frank A. Isler, Esq. as Special Counsel in the Supreme Court, Suffolk County Civil Action Entitled "David Air, Et Al. V. Board of Trustees of the Town of Southold and Orient Wharf Company" Under Index No. 10-45202 RESOLVED that the Town Board of the Town of Southold hereby retains Frank A. Isler, Esq. as Special Counsel in the Supreme Court, Suffolk CounW, civil action entitled "David Air, et al. v. Board of Trustees of the Town of Southold and Orient Wharf Company" under Index No. 10-45202. Vote Record - Reaoluaon RES-2011-356 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter I~ [] [] [] [] Withdrawn Vin~i ori~nd0 Initiator [] [] [] [] [] Supervisor's Appt ~hristqpber T~!b~[ ~p~er ~ D [] [] [] Tax Receiver's Appt A!be~ ~PSk! Jr! Seconder gl [2] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter gt [] [] [] [] Supt Hgwys Appt [] No Action 2011-357 CA TE G OR Y: DEPARTMENT: Seqra Town Attorney LL/Carter Permits SEQRA RESOLVED that the Town Board of the Town of Southold hereby finds that the adoption of the local law entitled "A Local Law in relation to Amendments to Chapter 233, Solid Waste, to Clarify Regulations Pertaining to the Disposal of Solid Waste and Recvclables and Implement the Requirement of a Carters Permit" is classified as a Type II Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. Vote Record - Resolation RES-2011-357 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kxupski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action April 26, 2011 Page 21 Southold Town Board Meeting Minutes 2011-358 CA TEGOR Y: DEPARTMENT: Enact Local Law Town Clerk Enact LL 4 of 2011 - Solid Waste & Carter Permits WHEREAS, there had been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 29th day of March, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 233~ Solid Waste~ to Clarify Regulations Pertaining to the Disposal of Solid Waste and Recyclables and Implement the Requirement of a Carters .Permit. WHEREAS the Town Board of the Town of Southold held a public heating on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 26th day of April, 2011 at 4:32 p.m. at which time all interested persons were given an opportunity to be heard. 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 233, Solid Waste~ to Clarify Regulations Pertaining to the Disposal of Solid Waste and Recyclables and Implement the Requirement of a Carters Permit" which reads as follows: LOCAL LAW NO. 4 of 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 233~ Solid Waste~ to Clarify Regulations Pertaining to the Disposal of Solid Waste and Recyclables and Implement the Requirement of a Carters Permit". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The safe and proper disposal of the solid wastes generated by the people of the Town of Southold and adherence to the mandates of the Town's Solid Waste Management Plan with respect to collection and disposal of solid waste and recyclables has been and remains a matter of serious public concem. The purpose of this local law is to clarify regulations and permitting requirements. II. Chapter 233 of the Code of the Town of Southold is hereby amended as follows: {}233-1. Definitions. REFUSE HAULER/CARTER - Any individual, association, partnership, firm, corporation, not- for-profit organization, or any other person so deemed by the Town to be engaged in the business of collection, pickup, transfer, removal and/or disposal of Solid Waste and/or Recvclables. April 26, 2011 Southold Town Board Meeting Minutes Page 22 §233-3. Town Transfer Station. A. Use of Town Transfer Station. No person shall deposit or cause to be deposited in or on any transfer station maintained by a waste district in the Town of Southold any waste of any kind except under the direction of the attendant in charge, whether such direction is given personally or by another person by his authority or by a sign or signs erected at the transfer station by the authority of the Town Board. or--at-t~mt~. April 26, 2011 Southold Town Board Meeting Minutes Page 23 ......... ~.~ ...... ,~ ...~;~ ;. ~^+ :. ~ m ........ ~.~-~ ~.~--,T* shall The Town may rehse to acc~t any ~ garbage, rehse, rubbish or other material that does not have its origin wi~in the Town of Southold ~' ~ a .... :'~ ~ ~: ..... a cf~n +~ m ..... + .... c~. ~+~+:~ at any time. No vehicle shall be pe~itted to transpoA re~se into the Town's Tr~sf~ Station tony ................................ v ..................... unless such vehicle displays a valid pe~it or ~e op~ator pays the applicable sin~e-ent~ fee, except that vehicles owned ~d operated by ~y of the following entitled shall be pe~i~ed to tr~spoA re~se into the Town's Transfer Station .... + .... r~. ~,~,: ....~.+~:-~ ~.. ,~ ~ ...... r o~..,~ d provided that at least one valid pe~it ~d/or lic~se has been issued to the p~icul~ entity: the State of New York, the County of Suffolk, the Village of Greenpo~ ~d fire districts, school dis~cts ~d pink districts located within the Town of Southold. The attend~t at the tr~sfer station is au~ofized to prohibit ~e disposal of discarded motor vehicles ~Wor discarded hel t~s having a capacity in excess of 550 gallons at the transfer station. All municipal recyclables must be d~osited in the appropriate location of the tr~sfer station owned by ~e Town of Southold. §233-3A. Disposal and Collection of Solid Waste and Rec¥clables. April 26, 2011 Southold Town Board Meeting Minutes Page 24 All solid waste and recyclables generated within the Town of Southold shall be collected and/or disposed of in the following manner: (1) Residential self-haulers and commercial self-haulers. (a) No cans, corrugated cardboard, glass, plastic or newspaper as defined herein shall be deposited at the Town's Transfer Station unless separated from any and all solid waste, trash, rubbish and vegetative yard waste. They are to be deposited only at designated areas within such Town disposal area. (b) Nonrecyclable waste. [1 ] Residential self-haulers. Nonrecyclable waste generated by residential self-haulers shall be disposed of only in a Town garbage bag as defined herein and deposited only at designated areas within the Town's Transfer Station. [2] Commercial self-haulers. Nonrecyclable waste generated by commercial self-haulers may be either: Iai Disposed of in a Town garbage bag and deposited at designated areas within the Town's Transfer Station; or [b] Disposed of at the designated areas within the Town's Transfer Station upon paying the appropriate charge as set by Town Board resolution for the weight of nonrecyclable waste deposited. (2) Private residential refuse haulers/carters. (a) The owners or occupants of all residences within the Town which utilize (b) (c) (d) (e) collection services provided by persons licensed to collect refuse pursuant to the provisions of this article shall place recyclables in separate containers at curbside for collection on such day or days as the licensee serving such residence shall designate. It shall be unlawful for any person to place out for collection any container in which refuse is mixed with recyclables. It shall be unlawful for any person to collect refuse from a residence which is mixed with recyclables or thereafter to commingle different types ofrecyclables or to mix recyclables with refuse. Recyclables collected by private residential refuse haulers/carters and transported to the transfer station shall be deposited in areas designated by appropriate landfill personnel. Nonrecvclable waste. [1 ] The owners or occupants of all residences within the Town which [21 utilize collection services provided by persons licensed to collect refuse pursuant to the provisions of this article shall place nonrecyclable waste in Town garbage bags for collection on such day or days as the licensee serving such residents shall designate. It shall be unlawful for any person to place out for collection any nonrecyclable waste which is not in a Town garbage bag. It shall be unlawful for any person to collect nonrecyclable waste from a residence which is not in a Town garbage bag. April 26, 2011 Page 25 Southold Town Board Meeting Minutes [3] Nonrecyclable waste in Town garbage bags collected by private residential refuse haulers/carters and transported to the transfer station shall be deposited only in areas designated by appropriate landfill personnel. [4] The above requirements shall not apply to residences located within the Fishers Island Waste Management District. (3) Private commercial refuse haulers/carters. (a) The owners or occupants of all commercial establishments within the Town which utilize collection services provided by a refuse hauler/carter shall place recyclables in separate containers at curbside for collection on such day or days as the licensee serving such business shall designate. (b) It shall be unlawful for any commercial establishment to place out for collection any container in which refuse is mixed with recyclables. (c) It shall be unlawful for any commercial establishment to place out for collection any container in which one type of recyclable is mixed with any other type or types of recyclables. (d) It shall be unlawful for any private commercial refuse hauler/carter to collect refuse from any commercial establishment which is mixed with recyclables or thereafter to commingle different types of recyclables or to mix recyclables with refuse. (e) Recyclables collected by private commercial refuse haulers/carters and transported to the transfer station shall be deposited in areas designated by appropriate personnel. Commercial Waste Permit Requirements. 1. With the exception of those operating within the Fishers Island Waste Management District, no refuse hauler or carter or agent thereof shall collect, transport or dispose of Solid Waste and/or Recyclables generated within the Town without obtaining a Carter's Permit issued by the Town Clerk. 2. All applications for Carter Permits shall be in writing and shall contain such information as requested by the Town, but at a minimum, such applications shall include a list of all vehicles (including vehicle license numbers the applicant intends to utilize for the collection of Solid Waste and/or Recyclables in the Town). The list shall also describe the cubic yard capacity for each vehicle. All Carter Permit information shall be verified by the applicant as required by this local law and the Town. 3. Upon receipt of a complete application, the Town Clerk shall refer the application to the Solid Waste District and the Zoning Inspector for a determination of whether any violations of the law exist. The Town Clerk shall issue the applicant a Carter Permit so long as the applicant is deemed by the Solid Waste District and Zoning Inspector to be in compliance with this local law and all applicable County and State regulations. 4. Renewal of Carter Permits shall be in the same manner and subject to the same conditions as original Carter Permits, and also shall be subject to any additional requirements in effect at the time of application for renewal as specified by the Town. April 26, 2011 Page 26 Southold Town Board Meeting Minutes Whenever satisfactory proofi such as by means of an affidavit, is submitted to the Town Clerk that a Carter Permit issued for the purpose set forth in this local law has been lost or destroyed, the Town Clerk shall, upon payment of five dollars ($5.00) by the applicant, issue a new Carter Permit. No Carter Permit issued pursuant to the provisions of this local law shall be transferable. The Carter Permit holder hereunder shall, upon request, furnish the Town with a list detailing the number of residences, commercial establishments or other generators of Solid Waste and/or Recyclables located in the Town and serviced by the applicant and the intended location that said Solid Waste and/or Recyelables 10. 11. shall be deposited by the carter. This list shall be prepared at a level of detail satisfactory to the Sc!id Wagt: D[gX-i:t Town Clerk and shall be updated by the Carter Permit holder at the request of the Town, but not more often than every three months. The Town, pursuant to §233-8 of this local law, shall have the power to impose a civil penalty or suspend or revoke a Carter Permit granted or renewed pursuant to this local law for any violation of any provision of this local law or any applicable rule, regulations, code or ordinance relating to the collection, handling, hauling or disposal of Solid Waste and/or Recyclables. All collection, transportation and/or disposal of Solid Waste and/or Recyclables shall be in strict conformance with the rules and regulations prescribed in this local law and as such rules and regulations may hereafter be amended or supplemented by the Town Board. All vehicles used in the collection, transportation and/or disposal of Solid Waste and/or Recyclables shall be maintained in a sanitary condition and shall be constructed as to prevent leakage in transit. The body of the vehicle shall be wholly enclosed or shall at all times be kept covered with an adequate cover. The name of the Carter shall be readily visible on all vehicles, and on all containers utilized for the collection of Solid Waste and/or Recyclables generated within the Town. Any Carter Permit issued pursuant to this local law shall be in the nature of a privilege subject to the terms and conditions set forth in this local law and as amended or supplemented by the Town, and shall not be deemed to create a property interest with respect to the Carter Permit in the holder. All Carter Permit requirements specified herein, including, but not limited to, Carter Permit fees may be amended or adjusted from time to time by resolution of the Town Board. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. April 26, 2011 Page 27 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay : Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent orlando Voter [] [] [] E3 Supervisor's Appt C~st?pber Talbo~ V0~er [] [] [] [] Tax Receiver's Appt Albert ~p~k! J[: ~e~p~der ~ [] [3 [32] [] Rescinded [] Town Clerk's Appt Louisa P. Evans Initiator [] [] [] [] [] Supt ngwys Appt Scott Russell Voter [] [3 [] [] [] No Action Next: May 10, 2011 7:30 PM Comments regarding resolution 358 JUSTICE EVANS: Are we going to table the carting one to two weeks from now? SUPERVISOR RUSSELL: Why are we tabling that for two weeks? JUSTICE EVANS: So we can discuss it but if people feel comfortable with it the way it is, then I don't know. SUPERVISOR RUSSELL: I am ready to vote on it. I don't know how the rest of the Board feels. COUNCILMAN RULAND: I would like to contemplate on some of the comments that were made and verify whether they are true or not. .SUPERTM RUSSELLi 0k~Y: 2011-359 CA TEGOR Y: DEPARTMENT: Property Acquisition Purchase Land Preservation Edson Elect to Purchase Dev Rights & SEQRA WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development fights easement on a certain parcels of properties owned by Lewis L. Edson on the 26th day of April, 2011, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said properties are identified as parts of SCTM #1000-102.-2-16 and #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.-6-16 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; and April 26, 2011 Page 28 Southold Town Board Meeting Minutes WHEREAS, the development rights easement comprises a part 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 development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, 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; and WHEREAS, the properties are listed on the Town's Community Preservation Project Plan as properties that should be preserved due to their agricultural values; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; and, WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by Lewis L. Edson, identified as parts of SCTM #1000-102.-2-16 and #1000-102.-2-6.6. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and April 26, 2011 Page 29 Southold Town Board Meeting Minutes the Town Board has determined that this action is consistent with the LWRP. [] Adopted [] Adopted as Amended [] Defeated Y~s!Ay~ Ng(NaY Abstain Abs~nt [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt ~io~h~ T~i~ S~ohder D [] Tax Receiver's Appt A!b~ ~p~k! Jr: ~er ~ [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] F1 [] [] Supt Hgwys Appt [] No Action VI. Public Hearings Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUSI MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell LL/Carter Permits RESULT: CLOSED [UNANIMOUSI MOVER: Louisa P. Evans, Justice SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Talbot, Kmpski Jr., Evans, Russell Councilman Christopher Talbot COUNCILMAN TALBOT: WHEREAS, there has beenfresented to the Town Board of the Town of Southold, Suffolk County, New York, on the 29t day of March, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 233~ Solid Waste~ to Clarify Regulations Pertaining to the Disposal of Solid Waste and Recyclables and Implement the Requirement of a Carters Permit. RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 26th day of April, 2011 at 4:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 233~ Solid Waste~ to Clarify Regulations Pertaining to the Disposal of Solid Waste and Recyclables and Implement the Requirement of a Carters Permit" reads as follows: LOCAL LAW NO. 2011 April 26, 2011 Southold Town Board Meeting Minutes Page 30 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 233~ Solid Waste~ to Clarify Regulations Pertaining to the Disposal of Solid Waste and Rec,yclables and Implement the Requirement of a Carters Permit". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The safe and proper disposal of the solid wastes generated by the people of the Town of Southold and adherence to the mandates of the Town's Solid Waste Management Plan with respect to collection and disposal of solid waste and recyclables has been and remains a matter of serious public concern. The purpose of this local law is to clarify regulations and permitting requirements. II. Chapter 233 of the Code of the Town of Southold is hereby amended as follows: §233-1. Defmitions. REFUSE HAULER/CARTER - Any individual, association, partnership, firm, corporation, not- for-profit organization, or an,/other person so deemed by the Town to be engaged in the business of collection, pickup, transfer, removal and/or disposal of Solid Waste and/or Recvclables. §233-3. Town Transfer Station. A. Use of Town Transfer Station. No person shall deposit or cause to be deposited in or on any transfer station maintained by a waste district in the Town of Southold any waste of any kind except under the direction of the attendant in charge, whether such direction is given personally or by another person by his authority or by a sign or signs erected at the transfer station by the authority of the Town Board. a L tra April 26, 2011 Southold Town Board Meeting Minutes Page 31 April 26, 2011 Page 32 Southold Town Board Meeting Minutes The Town may refuse to accept any No garbage, refuse, rubbish or other material that does not have its origin within the Town of Southold :~.a!! be ~c:[te~ er ~ispzs:d zf~n the T,~;;m ~a~nsfer station, at any time. No vehicle shall be permitted to transport refuse into any transfer station maintained by the Town of Southold unless such vehicle displays a valid permit or the operator pays the applicable single-entry fee, except that vehicles owned and operated by any of the following entitled shall be permitted to transport refuse into any transfer station maintained by the Town of Southold, provided that at least one valid permit and/or license has been issued to the particular entity: the State of New York, the County of Suffolk, the Village of Greenport and fire districts, school districts and park districts located within the Town of Southold. The attendant at the transfer station is authorized to prohibit the disposal of discarded motor vehicles and/or discarded fuel tanks having a capacity in excess of 550 gallons at the transfer station. All municipal recyclables must be deposited in the appropriate location of the transfer station owned by the Town of Southold. §233-3A. Disposal and Collection of Solid Waste and Recyclables. A. All solid waste and recyclables generated within the Town of Southold shall be collected and/or disposed of in the following manner: (1) Residential self-hanlers and commercial self-haulers. (a) No cans, corrugated cardboard, glass, plastic or newspaper as defined herein shall be deposited at any Town of Southold Transfer Station unless separated from any and all solid waste, trash, rubbish and vegetative yard waste. They are to be deposited only at designated areas within such Town disposal area. (b) Nonrecyclable waste. [ 1 ] Residential self-haulers. Nonrecyclable waste generated by residential self-haulers shall be disposed of only in a Town garbage bag as defined herein and deposited only at designated areas within the transfer station. [2] Commercial self-haulers. Nonrecyclable waste generated by commercial self-haulers may be either: [al Disposed of in a Town garbage bag and deposited at designated areas within the transfer station; or [bi Disposed of at the designated areas within the transfer station upon paying the appropriate charge as set by Town Board resolution for the weight of nonrecyclable waste deposited. (2) Private residential refuse haulers/carters. (a) The owners or occupants of all residences within the Town which utilize collection services provided by persons licensed to collect refuse pursuant to the provisions of this article shall place recyclables in separate April 26, 2011 Page 33 Southold Town Board Meeting Minutes (3) containers at curbside for collection on such day or days as the licensee serving such residence shall designate. (b) It shall be unlawful for any person to place out for collection any container in which refuse is mixed with recyclables. (c) It shall be unlawful for any person to collect refuse from a residence which is mixed with recyclables or thereafter to commingle different types of recyclables or to mix recyclables with refuse. (d) Recyclables collected by private residential refuse haulers/carters and transported to the transfer station shall be deposited in areas designated by appropriate landfill personnel. (e) Nonrecyclable waste. [1 ] The owners or occupants of all residences within the Town which utilize collection services provided by persons licensed to collect refuse pursuant to the provisions of this article shall place nonrecyclable waste in Town garbage bags for collection on such day or days as the licensee serving such residents shall designate. [2] It shall be unlawful for any person to place out for collection any nonrecyclable waste which is not in a Town garbage bag. It shall be unlawful for any person to collect nonrecyclable waste from a residence which is not in a Town garbage bag. [3] Nonrecyclable waste in Town garbage bags collected by private residential refuse haulers/carters and transported to the transfer station shall be deposited only in areas designated by appropriate landfill personnel. Private commercial refuse haulers/carters. (a) The owners or occupants of all commercial establishments within the Town which utilize collection services provided by persons licensed to collect refuse pursuant to the provisions of this article shall place recyclables in separate containers at curbside for collection on such day or days as the licensee serving such business shall designate. (b) It shall be unlawful for any commercial establishment to place out for collection any container in which refuse is mixed with recyclables. (c) It shall be unlawful for any commercial establishment to place out for collection any container in which one type of recyclable is mixed with any other type or types of recyclables. (d) It shall be unlawful for any private commercial refuse hauler/carter to collect refuse from any commercial establishment which is mixed with recyclables or thereafter to commingle different types ofrecyclables or to mix recyclables with refuse. (e) Recyclables collected by private commercial refuse haulers/carters and transported to the transfer station shall be deposited in areas designated by appropriate personnel. Commercial Waste Permit Requirements. (a) No hauler or carter or agent thereof shall collect, transport or dispose of Solid Waste and/or Recyclables generated within the Town without obtaining a Carter's April 26, 2011 Page 34 Southold Town Board Meeting Minutes Co) (c) (d) (e) (t) Permit issued by the Town Clerk. All applications for Carter Permits shall be in writing and shall contain such information as requested by the Town, but at a minimum, such applications shall include a list of all vehicles (including vehicle license numbers the applicant intends to utilize for the collection of Solid Waste and/or Recyclables in the Town). The list shall also describe the cubic yard capacity for each vehicle. All Carter Permit information shall be verified by the applicant as required by this local law and the Town. Upon receipt of a complete application, the Town Clerk shall refer the application to the Solid Waste District and the Zoning Inspector for a determination of whether any violations of the law exist. The Town Clerk shall issue the applicant a Carter Permit so long as the applicant is deemed by the Solid Waste District and Zoning Inspector to be in compliance with this local law and all applicable County and State regulations. Renewal of Carter Permits shall be in the same manner and subject to the same conditions as original Carter Permits, and also shall be subject to any additional requirements in effect at the time of application for renewal as specified by the Town. Whenever satisfactory proof, such as by means of an affidavit, is submitted to the Town Clerk that a Carter Permit issued for the purpose set forth in this local law has been lost or destroyed, the Town Clerk shall, upon payment of five dollars ($5.00) by the applicant, issue a new Carter Permit. No Caster Permit issued pursuant to the provisions of this local law shall be transferable. The Carter Permit holder hereunder shall, upon request, fumish the Town with a list detailing the number of residences, commercial establishments or other generators of Solid Waste and/or Recyclables located in the Town and serviced by (g) (h) (i) the applicant and the intended location that said Solid Waste and/or Recyclables shall be deposited by the carter. This list shall be prepared at a level of detail satisfactory to the Solid Waste District and shall be updated by the Carter Permit holder at the request of the Town, but not more often than every three months. The Town, pursuant to §233-8 of this local law, shall have the power to impose a civil penalty or suspend or revoke a Caner Permit granted or renewed pursuant to this local law for any violation of any provision of this local law or any applicable rule, regulations, code or ordinance relating to the collection, handling, hauling or disposal of Solid Waste and/or Recyclables. All collection, transportation and/or disposal of Solid Waste and/or Recyclables shall be in strict conformance with the rules and regulations prescribed in this local law and as such rules and regulations may hereafter be amended or supplemented by the Town Board. All vehicles used in the collection, transportation and/or disposal of Solid Waste and/or Recyclables shall be maintained in a sanitary condition and shall be constructed as to prevent leakage in transit. The body of the vehicle shall be wholly enclosed or shall at all times be kept covered with an adequate cover. The name of the Carter shall be readily visible on all vehicles, and on all containers utilized for the collection of Solid Waste and/or Recyclables generated within the April 26, 2011 Page 35 Southold Town Board Meeting Minutes (J) Town. Any Caner Permit issued pursuant to this local law shall be in the nature of a privilege subiect to the terms and conditions set forth in this local law and as amended or supplemented by the Town, and shall not be deemed to create a property interest with respect to the Carter Permit in the holder. All Carter Permit requirements specified herein, including, but not limited to, Carter Permit fees may be amended or adiusted from time to time by resolution of the Town Board. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. We have a letter from Martin Sidor, chairman of the Planning Board in Southold Town, "Thank you for the opportunity to provide comments on the proposed amendment to the Town Code referenced above. The Planning Board has reviewed the proposed changes to Chapter 233, Solid Waste and finds that they are consistent with the town's goals of reducing the waste stream by requiring recycling." We have a notice that it was posted on the Town Clerk's bulletin board on April 11,2011 and that is it. Ron Fisher RON FISHER: Hi, my name is Ron Fisher and I just want to address some of the things in the law. You said that one of the purposes was to clarify refuse that is taken out of the town and I don't think anywhere in the law does it explain the difference or does it mention even that that is a viable option for Southold residents. One of the concerns was is in section 233 3 A section A line 2 item E were it refers specifically to the non-recyclable waste, this is on page 2 if you want to follow along. It says 'the owners or occupants of all residences within the Town which utilize collection services provided by persons licensed to collect refuse pursuant to the provisions of this article, shall place non-recyclable waste in town garbage for collection on such day or days as the licensee serving such residences shall designate' At the Board meeting that you had where there was public concern and Mr. Russell in several emails to a lot of people that are concerned about this, you had said that the town was not going to be enforcing that law. However, it is still in here. The law was rewritten and it is still mandating the town residents to, regardless of where their refuse goes, to put them in yellow bags. Supervisor Russell SUPERVISOR RUSSELL: Right, what this particular change to the law tries to do is fundamentally two things. Create a carting permit and also to clarify the confusion in the past that people that felt that if they weren't using the town facility, they didn't have to honor the April 26, 2011 Southold Town Board Meeting Minutes Page 36 code of Southold Town with reference to recycling, curbside separation. We are trying to underscore that with changes to the code. With regard to the larger issue of yellow bags, we are actually in discussion with the DEC, we have taken the issue up under advisement. We are also trying to come up with a process that may or may not be able to do away with yellow bags altogether from the larger perspective, not just the use of customers. But I need to remind you that no one, in the history of Southold Town, has been violated for not using the yellow bag. Ron Fisher MR. FISHER: I have never gotten a speeding ticket and I have gone over 55, it is still a law and anybody can enforce it at any time, including the Board. The fear is that .... SUPERVISOR RUSSELL: By who? MR. FISHER: If you initiate this carter permit, then you can selectively enforce the yellow bag rule. We all know that there is only one carter locally who is not requiring yellow bags, so there is only one carter in violation of this law. If you are going to the trouble of rewriting the code, it would be appreciated by the community, by GoGreen, by GoGreen's customers, to include some kind of delineation for yellow bags. SUPERVISOR RUSSELL: And that is something we are taking up now. In the meantime, we needed to clarify the issues with reference to recycling. The whole issue, from the beginning, has been about the failure of GoGreen to require curbside separation. MR. FISHER: I am not sure if you are aware but that has been resolved. They are requiring curbside separation... SUPERVISOR RUSSELL: Yes, but what I am telling, what I am suggesting is that was the issue from the beginning. I know some people tried to obfuscate that issue by focusing on the yellow bag discussion, that has never been under the aegis of discussion of this Town Board. There are larger issues, people would like to see us do away with yellow bags altogether and those are issues that we have been exploring with discussions. With regard to doing away with yellow bags as it is specified in the solid waste management plan, those are issues we are discussing with the DEC and that is something we are taking up as a Board and maybe the DEC, down the road, we can ask for the relief from that part of the, that solid waste management plan so that people like yourselves don't have to require that of your customers. But as a practical reality, it is not being, you know, no one has ever tried to require your customers use yellow bags. MR. FISHER: No one also has ever implemented a carter permit. There is not landscaper permits, there is not plumbing .... SUPERVISOR RUSSELL: No one in Southold or other towns? I know you have carting permits, we have looked at the carting permits of the other Towns, all of them have carting permits for the most part. MR. FISHER: Not for residential collection, to my knowledge. It is more commercial waste, dumpsters, those require town permits. As far private residential, people have their landscapers April 26, 2011 Southold Town Board Meeting Minutes Page 37 picking up their trash, I have neighbors that offer to pick up trash. It is not an issue for residential use, which is what this caster permit, I believe, is targeting residential. SUPERVISOR RUSSELL: I think if you check with the other towns you will see many of the other towns have carter permit requirements for residential pickup as well as for commercial. MR. FISHER: Okay, I disagree but we will move past that. How do you go about redefining the law as far as forcing the residents of Southold to use the yellow bags? Because that is my concern, just in this new law where it specifically says non-recyclable waste. If you live in Southold Town, you have to use the yellow bag. I appreciate you saying that and you have made it clear that your intention is not to enforce that law however, you are not going to be here forever and if you are amending the law as it is why not amend it once correctly to allow for the situation that you have made it clear that it is not your intent. SUPERVISOR RUSSELL: I will let the attorney speak for that. TOWN ATTORNEY FINNEGAN: I just want to clarify one thing, this is not, the language that you are referring to is not new language. All that happened in this amendment was there was a relocation of the existing provisions in the code because there was ambiguity because it previously appeared under town transfer station and with respect to the source separation of recyclables, there was some confusion that that requirement only applied if those recyclables were brought into the town transfer station. So as the Supervisor already indicated, the issue of town bag usage has not been addressed in this amendment. This simply has relocated and clarified the, that ambiguity. That it doesn't apply to, that requirement applies across the board, regardless of the depository of the recyclables. MR. FISHER: It is still ambiguous though, wouldn't you agree? It doesn't mention, there is no where in this language does it say refuse transported out of Southold Town is subjected to special treatment. TOWN ATTORNEY FINNEGAN: We are mandated by the state that all recyclables have to be separated .... MR. FISHER: I agree with you 100 percent. That is why GoGreen is doing that. Our issues, the only issue I am speaking on so far is what to do, in this law where it says about the non- recyclable waste... SUPERVISOR RUSSELL: Sure. MR. FISHER: I am not challenging the curbside separation, that is state law, you guys can't, you can't argue state law here. SUPERVISOR RUSSELL: I think you are raising some valid issue. My particular issue with yellow bags, I have been absolutely candid about that, that I don't think people or companies that want to use out of town transfer facilities should be required to use yellow bags. That is April 26, 2011 Southold Town Board Meeting Minutes Page 38 something we are taking up. MR. FISHER: Right. You have made it clear on numerous occasions... SUPERVISOR RUSSELL: I think this is a work in progress, we have a lot of work ahead of us including looking at, hopefully, something that might put an end to the whole discussion of solid waste as we know it with the gasification plan that we are taking up with a company but those are things that we, this is an ongoing process. MR. FISHER: Okay. That is good on that one then. Next item F on the next page, this is letter B and then letter F, when you describe what the carter permit, the purpose of it is, it says 'the carter permit holder hereunder shall upon request furnish the town with a list detailing the number of residences, commercial establishments or other generators of solid waste and or recyclables located in the town and service by the applicant and the intended location that said solid waste and or recyclahles shall be deposited by the carter. This list shall be prepared at a level of detail satisfactory to the solid waste district and shall be updated by the carter permit holder at the request of the town but not more than every three months.' Who specifically would request that? SUPERVISOR RUSSELL: We actually, that specific piece of language was changed. Some issues were raised with regard to the solid waste coordinator of the solid waste district, we understand, we don't want people to think that we are somehow utilizing the solid waste district to create this little empire that excludes competition, actually it is going to be the Town Clerk that is going to, the, the person that is going to be in charge of those compliance issues. MR. FISHER: Under what circumstances would you be interested in a list of the number of residences? SUPERVISOR RUSSELL: That would be to, at the very least, determine the level of municipal solid waste versus recycling and again, that would apply to all carters. MR. FISHER: I appreciate you saying that. The issue is that a majority of, you know I work for GoGreen in case you didn't know, but some of our carters continue to want to transport that to the solid waste transfer facility on their own. There is no way to make out a proportion for that. SUPERVISOR RUSSELL: It is. Actually, that is a heavily, transfer stations private or public are heavily regulated by the State of New York and all of those reporting requirements are very easily obtainable from the very transfer station you are going to. MR. FISHER: Not by our customer. I went to the transfer station today and nobody asked me who my private hauler was. They had no idea (inaudible) SUPERVISOR RUSSELL: But as a carter you would be able to ascertain the amount of refuse you are bringing to that facility quite easily. They keep track of the tonnages of the municipal solid waste, of the recycling and the components of the recycling, all that is very easily obtainable information. April 26, 2011 Page 39 Southold Town Board Meeting Minutes MR. FISHER: I would disagree. Having been there today, we had a trailer with paper, cardboard, separated; plastics, glass. We got one weight for the entire load. There is no way to do a ratio based on how much garbage we collected in relation to these recyclables. My fear with this, having us have to do this every three months is that it really offers our information that should be private, to anybody that is willing, that is able to look at it. I would imagine that if it is submitted to the Town Clerk it can become public knowledge. SUPERVISOR RUSSELL: Yes. MR. FISHER: And that is what we want to protect, we are a private corporation, we are a small business. We don't want this to become public knowledge. SUPERVISOR RUSSELL: How much tonnage you are handling in recyclables? MR. FISHER: No, the number of residences, commercial establishments or other generations of the sources of the solid waste. I don't understand why the Town Clerk or the Town Board would be interested in that, if not to target specific carters and where they are collecting it. SUPERVISOR RUSSELL: I would suggest that it is an essential component in ensuring that all carters are complying with the separation from....I don't, I am , I will defer to other Board members. COUNCILMAN TALBOT: That started out with specific names and addresses of your... MR. FISHER: It is getting better, I agree with you. It was really, really bad and now it is less bad. COUNCILMAN TALBOT: I was, I didn't think that was good either. You could have a local fuel oil guy start complaining when another fuel oil guy came into town and we could make a fuel oil carting permit as well and you would have to give list of who his new customers were, no .... MR. FISHER: Okay, I appreciate that. COUNCILMAN TALBOT: I was against that as well but I think they have addressed that by just saying the number. Whether it is 50 residences and 50 commercial, then we can, our solid waste coordinator can dictate exactly how many pounds has come into his facility in a given month. We know if it comes from you or if it comes from North Fork or Mattituck or anybody else and then we are stating guidelines of what New York State regulations are. MR. FISHER: But that is not, that is great if we always use the Southold transfer station for our recyclables. Some facilities out west pay to purchase it. COUNCILMAN TALBOT: But that would be... April 26, 2011 Page 40 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Again, it is .... COUNCILMAN TALBOT: It would still be covering us, if it is how much refuse comes out of Southold Town. MR. FISHER: Are you going to ask to see those records? SUPERVISOR RUSSELL: We are going to ask the companies to supply us with the volumes that they are dealing with. And again, it is a heavily regulated industry, there is no secret to the numbers a carter handles. MR. FISHER: Right, but not usually by the Town Board. I understand like the DEC, it is heavily regulated with them and I understand you would want to regulate your own transfer station, if we are complying with the New York State law which was the concern two months ago about the curbside recycling, that issue is off your plate. I hope that each of you is confident that GoGreen is mandating curbside separation. The issue that we are having now is with this carter permit is having to turn over a customer list and I appreciate you, Mr. Talbot, addressing the personal information aspect in removing those requirements but the law, it is still, who is going to validate that information? Are you going to leave it up to the Town Clerk? SUPERVISOR RUSSELL: Jim? JIM BUNCHUK, SOLID WASTE COORDINATOR: I might be able to add something there. First of all, the issue of confidentiality of information, this is something that every town deals with, just about every town on Long Island has a residential carter licensing requirement but not all information that is brought to the town is available publicly. It is a confidentiality issue and that information is protected. It is merely forwarded to the state basically in gross numbers. I don't think the town would ever be interested in an actual customer list, they may be interested .... MR. FISHER: They were originally, in the original... SUPERVISOR RUSSELL: Right. MR. FISHER: The first draft. SUPERVISOR RUSSELL: What we are interested now, I am sorry Jim, what we are interested now in is if we have the ability to regulate the carting industry so that we make sure, we ensure that we know what the tonnages are in terms of municipal solid waste and in terms of recycling. There has to be an enforcement component to a carting law and that is exactly how we will do that. MR. FISHER: So in other words, this hasn't been enforced until GoGreen put the ad in the paper eliminating curbside separation? How was it enforced from 1993 when the law was enacted until you passed this one? April 26, 2011 Page 41 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Well, we didn't have a carting law and that is one of the failings, the recent issues that we, that is one of the failings, yes, we were made aware of. MR. FISHER: You were made aware of. SUPERVISOR RUSSELL: And to be candid, it is not just about GoGreen. People raised some very valid issues with regard to this proliferation of dumpsters in residential communities. Now, of course, we have talked to the local carters, they said we offer separation, we will pick up on Friday, the recyclables, even if you have a dumpster. Alright? We have confirmed with various dumpster operators that that is true, that they will come out Friday but you know what? We need to be able to have the ability to enforce the rules across the board. This is going to allow us to require that information of them just as much it would require it if we required it from you. That is, we are going to take the recycling component seriously now and the carting law is to make sure that it is understood by all carters, that they have an obligation for curbside separation. MR. FISHER: Okay. I appreciate that the law and the word of the law supports that key. It is still unfortunate to me about the non-recyclable waste in the yellow bags. To take all this trouble to begin a carter permit process and not to clarify the miscommunication in that wording seems like a waste of time to not fix the law .... SUPERVISOR RUSSELL: Well, it is not a waste of time from our point of view because it is the recycling component that has been at the core of this discussion from the beginning. It is the most important part of this law which is why I would suggest that this notion that we didn't address the yellow bag issue yet makes this a waste of time, I think you have missed the point of the whole discussion over the past several months, so what we are trying to do is address that point. Now with the other issues, the residual issues, yellow bag. We are trying to address those are we move forward, we really are. We just needed to get the recycling component enforceable and clear for everybody. MR. FISHER: Okay. The last item I have an issue with in the proposed law for the permit, letter I, all vehicles used in the collection, transportation and or disposal of solid waste and or recyclables shall be maintained in a sanitary condition and shall be constructed as to prevent leaks in transit. The body of the vehicle shall be wholly enclosed or shall at all times be kept covered with an adequate cover. The name of the carter shall be readily visible on all vehicles and on all containers utilized for the collection of solid waste and or recyclables generated within the town, if we are sending a second truck to collect the recyclables, what is the purpose of having to have the carter name on the side of the truck? That was the only other issue that we had because we were going to, the idea is to use a rack track with a trailer to pick up the recyclables. It goes ahead of the garbage truck and then everything is separated, it is a separate truck, it is not mixed with the solid waste .... COUNCILMAN TALBOT: Good advertising for you. MR. FISHER: We appreciate but that is not the sole purpose of that truck. April 26, 2011 Page 42 Southold Town Board Meeting Minutes COUNCILMAN RULAND: The motor cartier safety regulations would require it. MR. FISHER: Placard, magnetic placard would be fine? COUNCILMAN RULAND: All except for the City of New York. MR. FISHER: We are not there. Okay, how would we go about amending, lastly, the first issue that I brought up, the yellow bags? SUPERVISOR RUSSELL: That is an issue that the Board will be taking up. You know, again, it wasn't the essence of our concerns, we have larger issues with the discussions on yellow bags which I mentioned earlier, we are discussing the issue of gasification plants down there, we are looking at options, we are looking at solid waste from a longer term solution as we move forward. I don't think we are going to get stuck on that one small issue. MR. FISHER: Well, you can. That is our perspective, is you can get stuck on that small issue, once the recycling, the curbside, we are abiding by that satisfactorily, there is nothing to stop you at this point from requiring us or ticketing us or citing us for not using the yellow bags. I agree that it is a law that you haven't enforced before but nothing is stopping you with this carter permit for us to lose our permit from not following that letter of the law. SUPERVISOR RUSSELL: I would also point out that it would be the same requirement, we could also at that same time require, again, local carters who issue dumpsters in yards, require the same thing. So that, you know, that is a discussion we will have if we get there but the thing is, it doesn't just require you to use yellow bags, it would require them as well. If the Town .... MR. FISHER: Inaudible, being at the transfer station, so they are avoiding the dumpster fees, the dump fees, so there is incentive for them to continue to use the yellow bags, the other carters. SUPERVISOR RUSSELL: No, no, I am talking about with the other glaring issue of enforcement which was the dumpsters. In other words, if the town feels that we can't get recycling enforced to the satisfaction that we need to and for whatever reason a new Board decides that yellow bags need to be refocused on, that is going to be a focus on you, it is going to be focused on the local carters that use dumpsters, I mean, that, there is no unevenness about that. It is across the board. MR. FISHER: It just seems very uneven though, from the start. That was our concern. SUPERVISOR RUSSELL: Why? Why? MR. FISHER: Because Jim Bunchuk, when I spoke to him on Tuesday, he told me that the DEC was sent to Winter Brothers to wait for our track. SUPERVISOR RUSSELL: Did you say that, Jim? April 26, 2011 Page 43 Southold Town Board Meeting Minutes MR. FISHER: Yeah. SUPERVISOR RUSSELL: The DEC... MR. FISHER: Not at his command. He told me that the DEC sent a truck to wait for GoGreen. SUPERVISOR RUSSELL: I think that is an issue that you should take up with the DEC. MR. FISHER: Oh, we will. We are. SUPERVISOR RUSSELL: That is not... MR. FISHER: How I became aware of it was a discussion with him, so if... SUPERVISOR RUSSELL: I think the DEC, first of all, they read local newspapers as much as anybody and I think the DEC was aware of issues that were not consistent with their requirements under state law. They were at a public meeting. They were well aware of the situation. How the DEC chose to bring compliance is an issue you need to take up with the DEC. MR. FISHER: I agree with you and we are. We are on it, so we are good on that one. But the point is that it can be done unfairly, you know at the... SUPERVISOR RUSSELL: But you just said a second ago it was done unfairly and I dispute that. MR. FISHER: Okay. We can disagree. I think that is all I have. Thank you very much for listening, I appreciate it. SUPERVISOR RUSSELL: Sure. Thank you. Who else would else like to speak on this particular issue? Benja Schwartz, Cutchogue BENJA SCHWARTZ: Good evening, how are you? Benja Schwartz, Cutchogue. So the issue that is what you are changing here has to do with recycling and you say you want to get serious about recycling. I thought we did that 10-15 years ago but... SUPERVISOR RUSSELL: I made a reference to the enforcement component of recycling. Issues had been raised over the past several months and I think legitimately so, that there seems to be this lack of focus on requiring recycling on the commercial accounts and on the dumpsters, well, we are trying to get there, we are trying to address that now. MR. SCHWARTZ: The enforcement of recycling. SUPERVISOR RUSSELL: Yes. I think we relied too much on the notion that to pay as you April 26, 2011 Page 44 Southold Town Board Meeting Minutes throw would force recycling and I think that is a mistaken notion. I think it helps but I think public outreach, issues you have been raised in the past that I have embraced, public outreach, education with measured... MR. SCHWARTZ: That is what I am talking about. Now you are talking. When is that going to happen? SUPERVISOR RUSSELL: We are bringing this all together, we are working on all of this now. MR. SCHWARTZ: Well, you have been saying that for, well, last year you said that you would never appoint another recycling coordinator. That position was going to be abolished. SUPERVISOR RUSSELL: No, I didn't say that. MR. SCHWARTZ: You did. You told me at a public meeting SUPERVISOR RUSSELL: No, I didn't, you accused me of saying that. I said I wouldn't appoint you when you asked for it... MR. SCHWARTZ: That is not what you said. SUPERVISOR RUSSELL: It is what I did, Benja, when you asked me about it last year. COUNCILMAN TALBOT: Southold Town was just recently commended for their recycling. MR. SCHWARTZ: I remember, that's alright, maybe you were joking, you like to joke around. COUNCILMAN TALBOT: Benja, did you see that? MR. SCHWARTZ: But I know what you said. I was there and I heard what you said. SUPERVISOR RUSSELL: Okay. MR. SCHWARTZ: And you didn't say... SUPERVISOR RUSSELL: I just recently proposed to this Board hiring a part-time recycling coordinator. MR. SCHWARTZ: Okay, well that was at least a year ago. SUPERVISOR RUSSELL: I just proposed several months ago appointing a part-time recycling coordinator, I need to sell the rest of my Board on the idea but... MR. SCHWARTZ: Is anybody opposed to that? April 26, 2011 Southold Town Board Meeting Minutes Page 45 COUNCILMAN TALBOT: Me, personally, I think that Southold is doing a pretty good job as it is. Could we step it up? Certainly. And I just mentioned that we were recently commended by some organization in the county or on the island for the efforts that Southold has put up for doing recycling. So it is not all gloom and doom as you like to portray it but I don't think anybody on the Board would have a problem with somebody that was going to put the effort into increase recycling, no. COUNCILMAN KRUPSKI: But thanks to our Solid Waste Coordinator, Jim Bunchuk, we are no longer paying for e-waste but we are actually taking in revenues from e-waste, so we are making advances. MR. SCHWARTZ: And I mean, I appreciate all the hard work and good work that Jim Bunchuk does but he can't do it all and he didn't do that. He wasn't responsible for the e-waste being paid for, recycling of e-waste is now being paid for by the manufacturers. That is a state law. I don't know, correct me if I am wrong. MR. BUNCHUK: It is not a state law that they pay, it is a state law that they cover the costs. Inaudible. If there is going to be a further revenue (inaudible) MR. SCHWARTZ: But the impetus of us transitioning to no cost on that had to do with... COUNCILMAN TALBOT: He did a good job. It is up and running and we are collecting... MR. SCHWARTZ: I don't think we can take credit for that. COUNCILMAN TALBOT: Nobody said we were taking credit. MR. SCHWARTZ: Can we get back to the issue that we were discussing, if we could? One thing at a time. COUNCILMAN TALBOT: Inaudible. It was all about the doom and gloom with you, nothing is good. MR. SCHWARTZ: Look, do you have a personal issue with me? COUNCILMAN TALBOT: No, I just, I wish that I have a little bit of an issue because everything that you bring up, it is nothing good. And obviously it is not all bad here in Southold Town, Benja, you know that too. You just don't want to admit it. MR. SCHWARTZ: I don't think, I think you are not listening. I think that this is a gorgeous town and this season is a particularly good time but I don't think that it is appropriate to stand here and describe the beautiful, blooming magnolia or whatever trees, I don't know their names but I love it here, there is a lot of good things. One of the good things is recycling. One of the good things is all the accolades this town got and the appreciation this town got in their efforts early on, like 10, 15 years. The past 5 or 10 years, I don't, I am not aware of any recent awards Page 46 April 26, 2011 Southold Town Board Meeting Minutes to this program. And when you told me that you would never appoint a recycler, I don't know if I, I didn't think it was a joke, I didn't think it was funny but I also didn't believe it. SUPERVISOR RUSSELL: I didn't say it. I am telling you right now. MR. SCHWARTZ: Now you have been saying for I don't know how long, you just said a couple of months, a year, that you are considering that. Can somebody tell me what your time frame is? When are you going to act on it? SUPERVISOR RUSSELL: That is an issue that we will have to, again, this is a very fluid environment with solid waste right now. We are trying to handle some of the larger issues. You know, there is a train wreck coming. I have been talking about this for years. The inability of the town to remove our garbage and take it off Long Island, I think those days are numbered. Those are the larger issues we are trying to address right now and at the same time, refocus or redouble or double down on our efforts for recycling. You have raised this issue, I have agreed with you in the past. We can do better, I think we do well, we can do better. And it is going to be through education and enforcement. MR. SCHWARTZ: You have no, you can't give me any kind of an estimate of when you might actually get somebody in the town, involved in this and active and participating other than... SUPERVISOR RUSSELL: It wouldn't be my sole call. You have to ask this entire Board if they are ready to move forward on something like that. I had envisioned a part-time position... MR. SCHWARTZ: With all due respect, I would appreciate if you could ask the Board that. I don't think that is my job. Thank you. SUPERVISOR RUSSELL: particular issue? Would anybody else like to address the Town Board on this TOWN ATTORNEY FINNEGAN: Scott, I just wanted to clarify for the record what you alluded to earlier, that as it appears in the agenda, there was a typo which was corrected to delete solid waste district to Town Clerk in Section 233-3 ABF of the proposed law, just so that is on the record. Jeff Abrahams JEFF ABRAMS: I think you guys are doing a great job. When do we get the permits? How do we go about that? JUSTICE EVANS: We haven't passed the law yet. SUPERVISOR RUSSELL: We have to pass the law, we also have to by resolution, establish a fee. We envision having that done within the next two weeks. MR. ABRAMS: And so there will be some sort of a notice? April 26, 2011 Page 47 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Yes, absolutely. MR. ABRAMS: That is pretty much it. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Thank you, Jeff. particular local law? (No response) Would anybody else like to comment on this Edson Set Public Hearing Dev Rights RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Councilman Talbot COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN 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. I have a copy that it was posted on the Town Clerk's bulletin board on April 14, 2011. That it was posted in the Suffolk Times on April 21,2011 and that is it. April 26, 2011 Page 48 Southold Town Board Meeting Minutes Supervior Russell SUPERVISOR RUSSELL: Okay, would anybody like to address the Town Board on this particular public heating? Melissa Spiro, Land Preservation Coordinator MELISSA SPIRO, LAND PRESERVATION COORDiNATOR: Melissa Spiro, Land Preservation Coordinator. As noted, this hearing is for the town to purchase the development rights easement for agricultural purposes and the farm is comprised of two separate tax parcels in Cutchogue. The land owner offered approximately all 5 acres to preservation, the 5 acre area fronts on the Main Road and will not be included within the easement. The area is shown on the map, that's included in the white broken lines. It includes the residence, the existing retail area and the associated parking. In addition to an access way to Depot Lane, all of that is excluded from the proposed easement area. The farm contains almost 100% prime agricultural soils, the preservation of this farm adds to the existing contiguous block of over 100 acres of preserved farmland both to the north and to the east. It is located with one of the largest blocks of preserved farmland in Southold Town and the block expands to the east across Cox Neck Road and to the north across the Long Island Railroad, County Route 48 and Oregon Road and that block totals over 600 probably 700 acres of preserved land. The negotiated purchase price of $60,000 per acre is within accordance of an appraisal which completed for that specific property and the purchase will be funded by the Community Preservation Fund. Both the Land Preservation Committee, its members and I all support this purchase and we thank the landowner for giving us the opportunity to preserve it. We recommend that the Town Board proceed with the purchase. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on this particular acquisition? Benja Schwartz BENJA SCHWARTZ: Benja Schwartz, Cutchogue. Is the subject property which we are considering investing in and purchasing an interest in, development rights of, the subject of a lawsuit? SUPERVISOR RUSSELL: No longer to my knowledge? Martin? TOWN ATTORNEY FINNEGAN: There is a pending Article 78 proceeding based on the, challenging the Zoning Board conditions. SUPERVISOR RUSSELL: Oh, the Zoning Board of Appeals. TOWN ATTORNEY FINNEGAN: The Article 78. The enforcement action is over and the town prevailed in that action. SUPERVISOR RUSSELL: The town prevailed in the enforcement. TOWN ATTORNEY FINNEGAN: There is a separate action by the landowner (inaudible) that which has been submitted to the court. April 26, 2011 Southold Town Board Meeting Minutes Page 49 SUPERVISOR RUSSELL: Okay. MR. SCHWARTZ: I have seen it on the executive session agenda for many of the past Town Board meetings, so, where was I? Maybe I was thinking of the Heritage. Has the town every purchased the development rights on a property that is the subject of litigation against, the landowner has instituted an article 78 challenging the zoning on the subject parcel and yet we are investing in it. I am for land preservation but I see that as a conflict of interest that we are entering into here. And while I am not in favor of the housing development there, I think that issue should be resolved first and that would give an incentive to, if the owner has the incentive, now we are going to pay him all the money and we still are going to be battling it out in court. COUNCILMAN KRUPSKI: That is an interesting observation. I am the liaison to the Land Preservation Committee and in all of our discussions in the meetings, that has never come to light. I don't know if the Committee was aware of that or not. The Committee made a decision to recommend this purchase to the Town Board based on its location, it's contiguous to other active farmland, it is to west of the graveyard there. It is for preservation like Melissa said, it completes a large block of land. In addition, it leaves out a large enough reserve area for, and don't forget, the current use today, we are preserving this land for perpetuity, the current use today, in 100 years is it still going to be the same current use and the same owner? Of course not. So that is not why, maybe that is why it never came up. JUSTICE EVANS: Also, we are not purchasing the part that is the subject of this Article 78. COUNCILMAN KRUPSKI: No, it is separating that out. But it, so I don't think was part of that. MR. SCHWARTZ: It is one parcel. COUNCILMAN KRUPSKI: That wasn't part of the discussion. MR. SCHWARTZ: You are purchasing an interest. JUSTICE EVANS: The part that he is cutting out from the sale is the part I think where the Article 78 (inaudible). COUNCILMAN KRUPSKI: That is right. TOWN ATTORNEY FINNEGAN: And it is not a challenge to the zoning, it is a challenge to a condition in a variance. He has a certificate of occupancy for the use that is a lawfully existing use fight now on the property. The part of the property that is subject of the acquisition is completely separate and I am not sure that there would be any ability for this Board to condition a purchase on... MR. SCHWARTZ: I appreciate your perspective. I have spoken with members of the land use Page 50 April 26, 2011 Southold Town Board Meeting Minutes committee but it is not the case that we are buying land from a murderer who you know, despite the fact that he is a murderer which has nothing to do with the land. The land that we are buying the development rights of is used in agriculture, as agricultural land and that is the basis for the alleged, for the farmstand permit which this town has granted and the use of the farmstand is at issue in the Article 78, challenging the determination of this town that he cannot have a 10,000 square foot farmstand. Does he need a 10,000 square foot farmstand to sell Christmas trees? I don't think so. What does he want to do? What was he doing there? He was running a retail, commercial operation. That is not part of farming and yet it is based, his ability to run any commercial retail operation there is based on a regulation by the town as a farmstand, never investing in the Christmas trees. Enough about that. How are we going to pay for this purchase? SUPERVISOR RUSSELL: I will ask the Land Preservation Coordinator to come up and address that issue with you but I have to assume that it is going to be Community Preservation funds. MR. SCHWARTZ: Which we had a resolution on the agenda that was put on in the middle of the day today, so I did not get a chance to review it but I looked at it while I was sitting here but I looked at it while I was sitting here and the whole Community Preservation Fund funding and use of that fund is in flux right now. There is also a recent issue which I think is relevant that the Community Preservation Fund income in East Hampton and Shelter Island is so far this year only half of what it was last year. In Southold, it is up 20%, so I am glad we are in Southold. I think that is great. But despite that it is up 20%, you still resolve to take action to restructure the program today in a resolution which I don't think was clearly written or explained and at the work session this morning, there was some joking around about who was going to explain that to the public. SUPERVISOR RUSSELL: No, there wasn't. No, that never took place. MR. SCHWARTZ: I don't, alright, whatever. Forget that. SUPERVISOR RUSSELL: That was not on the 2 %, that was a discussion on the Ag PDD, it is an entirely separate issue. MR. SCHWARTZ: Ah, the Ag PDD. SUPERVISOR RUSSELL: That is a rather overly prescribed program. There is no doubt about that but this, what we did today was we agreed to authorize or to pursue the final $10,000,000 of the $25,000,000 bond that we had proposed several years ago to keep the Community Preservation Fund healthy. At the same time, we are cognizant of the poor performance of other towns, so we have created what we would consider a reserve. We have anticipated debt of about $2.4 million if we borrow that $10 million. We are going to set about $2.4 million to the side so that we have a cushion so that we know at any time if the Community Preservation Fund does not perform well, that we don't have to go to the general levy or collect taxes to pay debt, that the Community Preservation Fund will be able to pay its own debt. MR. SCHWARTZ: I am not sure, I think I understand what you just said. Can I put it in my April 26, 2011 Page 51 Southold Town Board Meeting Minutes words and tell me if I am correct here. Number one, this resolution tonight, earlier tonight, authorized, no, it was pre-authorized that you could bond, could issue the bond... COUNCILMAN KRUPSKI: In 2007. MR. SCHWARTZ: But you never actually issued the bond for the $10 million. It was an authorization for $22.5 million and $12.5 million was issued, so there is $10 million left and today you decided at the work session to issue the remaining $10 million. That was not clear in the resolution tonight. But that is what the first effect of the resolution tonight. The second effect was to set, to create a reserve fund. And I really don't quite understand, from what I understand, you are saying in here that the annual debt service on the $22.5 million, including the $10 million additional money which you are going out to borrow pursuant to this resolution tonight, is estimated to be $2.4 million a year of, then you say you are going to create the reserve fund to cover that for the rest of this year. Now, it may depend on how much exactly that is, may depend on when we actually borrow that money when those bonds are issued. But we are already 4 months into the year, so if we take the $2.4 million for the 75 % of the year that is left, that is $1.8 million and then you wanted to also, you agreed also to include in the reserve fund an amount sufficient to cover the interest for next year which I assume it would be the same as the estimate for this year, the $2.416 million, so that's $4.2 million reserve fund. So we are borrowing $10 million so we can put, so that you, we can put almost half of it into a reserve fund. SUPERVISOR RUSSELL: No. You really missed the discussion today. Let me just explain. First of all, we have debt service of I think about 831 anticipated to the balance of this year, $831,000. We are going to set aside, we have about $5 million right now available, already in the Community Preservation Fund. We are going to take $2.4 of that plus the $831,000 and we are going to make that a reserve fund. Alright? The problem is next year. After we sell $10 million worth of bonds, we will anticipate $2.4 million .... MR. SCHWARTZ: So you are going to .... SUPERVISOR RUSSELL: Let me finish please. MR. SCHWARTZ: Okay. SUPERVISOR RUSSELL: We will anticipate $2.4 million annual debt service on those preservation bonds. What we would like to do is take $2.4 million, put that into a reserve account in case the Community Preservation Fund doesn't perform well. You have to remember, that we are only anticipating revenue of about $2.8 million this year in the Community Preservation Fund. When you talk about debt service of $2.4 million with a projected annual income of $2.8 million, that is too close for comfort for us. What we want to do is ensure that we have enough money in account should the Community Preservation Fund do worse down the road. So that the Community Preservation Fund itself will have enough money to pay the annual debt service. We are not borrowing $10 million and sticking $5 million of it in the bank in a reserve, we already have $5 million in the account. We are committing some of those resources April 26, 2011 Page 52 Southold Town Board Meeting Minutes to a reserve fund, then we are going to go out and borrow the $10 million and continue the assertive preservation program that Melissa Spiro has, with such success. MR. SCHWARTZ: That is what the $10 million will be used for, then. SUPERVISOR RUSSELL: The $10 million will be used for preservation. Absolutely. MR. SCHWARTZ: To continue the assertive preservation program. SUPERVISOR RUSSELL: That is right. MR. SCHWARTZ: And I have no complaints, except that I would like to know more, I would like to have more public information out there about and I am not saying that this property is not appropriate but I am saying that we need to continue to examine the goals, why we have the farmland preservation program in the beginning, in the first place. Which there is two reasons for it. One, we would like to preserve the farmland so that we can have farms and two, we want to avoid the entire North Fork paved over with or built up with residential, commercial and industrial development. The preserving farmland, I think we could go a long way towards clarifying that and with all due respect I think the farmland agricultural advisory committee could use a lot more attention, not just from you the Board but from the public. I think the, I would like to see, I love, one of the reasons why I chose to live here when I was six years old I decided I wanted to come and live in Southold, so anybody that says that I don't appreciate Southold, I think I have appreciated it for 50 years. And I am continuing to appreciate it and I would like to continue to appreciate it for the next 50 years plus. This Community Preservation Fund is only being planned to last until 2030 but the intent behind having the Community Preservation Fund is to preserve the land for perpetuity. So we need to be looking down the road, taking the larger picture. One of the problems that I have with these parcels, this one included but not just this one is that there is very little control over what can be grown there for example. For example, if somebody started paying big money for an invasive species because they liked the way it looked or something, that could still be agriculture. It is still a plant. After you, if you authorize the purchase of this property, then there will be a covenant worked out that will be filed along with the deed and we will control the potential uses of that property. That is not the bottom line, the final word. You still have power, we still have power, the town govemment still have power to regulate and impose conditions on all farmland, whether it is preserved or not. It hasn't been tested yet whether or not the town could impose conditions on preserved farmland that was not part of the original, what is the word? SUPERVISOR RUSSELL: Community preservation... COUNCILMAN KRUPSKI: Easement? MR. SCHWARTZ: Easement or, but these issues will come up. I just think that this is not just another property added to the quiver, this is the first property after I have heard of serious comprehensive discussion this morning, I was pleased to be at the Town Board this morning and to hear what you were saying. But there was no tape, there was no minutes, so I think that we April 26, 2011 Page 53 Southold Town Board Meeting Minutes should, at least the positive things that were said should at least be brought out in the evening meeting. Some of the people at the work session this morning were saying that why do you bother to go to these evening meetings, everything happens at the work session. Well, no, that's, I don't know why they call it a work session but one of the kind of arrangements that this town has worked out, the practice is that you are not going to accomplish, you are not going to actually do anything at the work session. You will not act. You will not take a formal action because a formal action has to be on the record and on the minutes and that is what we do at night, that is why we have the resolutions at night. So what I heard you talking about this morning was that we are looking now, we are getting to a point where we are running out of time in terms of the monies that are available, we can see the end of the line with the Community Preservation Fund income and if we have been borrowing against it we are up to $32 million against the anticipated income and probably it sounded like we are not going to borrow any more because we won't have time to pay it back. So we have got a, now we have got a very limited fund or you know, we know how much we are going to have over the next 20 years, we have an idea of that... SUPERVISOR RUSSELL: That is absolutely untrue. COUNCILMAN TALBOT: You can get some big spikes in revenue coming in for the 2%. MR. SCHWARTZ: We can't foresee the possibility but if you were .... SUPERVISOR RUSSELL: It is a fluid fired, it produces income every year. The question is how much. In more robust years, it will produce more income. All of that money continues, that will continue to be in play as we move forward. What we have done was we have identified the amount that we are willing to borrow against for those anticipated futures. But the Community Preservation Fund is very much a part of the economic landscape of this community until 2030. What we have done is we identified the obligations of borrowing, debt service, holding a reserving fund but that program is still very much (inaudible) and will produce income for this community for the foreseeable future for preservation. Secondly, there are other avenues for preservation. Traditional farmland purchase of development rights bonds, open space bonds. All those things that get offered to the public regularly and overwhelmingly supported by the public regularly to produce yet more revenue and income as we move into the future. COUNCILMAN KRUPSKI: And we have taken, since we made the decision in 2007 to borrow money against the 2% fund, we did that on a very, very conservative basis. We didn't want to get in a position where we had no money for purchases in the future until 2030 or worse yet, had to take money out of the general fund to fund our 2% debt. So we have taken an extremely conservative line and today we took another step kind of acknowledging that. That we are going to, in fact, keep money in reserve so that money never has to come out of the general fund. MR. SCHWARTZ: I was trying to say, you took another step to acknowledge that you want to be conservative, you didn't want to overspend. Nobody has mentioned yet the reason of why the additional $10 million bond is being, was... April 26, 2011 Southold Town Board Meeting Minutes Page 54 COUNCILMAN KRUPSKI: Because there is a lot of, there are a lot of projects that the committee is reviewing currently that are very similar to this one in that they are active farmland, they are good quality soil, they are adjacent to land that has been preserved either by the town or the county, so they complete large blocks of farmland and for those reasons, you know, they are being considered. MR. SCHWARTZ: So they are being planned, five or six or halfa dozen .... COUNCILMAN KRUPSKI: A numberofthem. Yes. MR. SCHWARTZ: Other purchases and I heard this moming, correct me ifI am wrong, that if we follow through with all that, we might not have had enough money to pay the debt service next year out of the Community Preservation Fund. Which would have required an increase in taxes. And therefore, you borrowed the $10 million to fund those purchases without causing a disruption of the financing of the fund. SUPERVISOR RUSSELL: I don't believe that this town is even close to being in the position of not being able to pay for the debt service through, with revenue created each year by the Community Preservation Fund. What we are trying to do is we are just trying to make sure, we are trying to underscore that and make sure that we are not going to get in that position. COUNCILMAN KRUPSKI: And the debt service there will be $2.4 million a year, there were years not too long ago where this town was taking in $6 and $7 million a year in the 2 % fund, so when those years come back, we will be well-positioned to have cash in hand to make future purchases. So the program will still be going forward. MR. SCHWARTZ: I just didn't quite, I mean, especially when I saw this that we are up 21% over the budgeted expected income revenue. COUNCILMAN KRUPSKI: Right. MR. SCHWARTZ: Right. So far this year, the first four months of this year, we have more money, we have got $850,000, we thought we were only going to have $600,000 coming in. COUNCILMAN KRUPSKI: Right. MR. SCHWARTZ: So but I am sure that I heard the comptroller talking this morning about that after we finish paying for the five or six purchases which were expected to make this year, the current reserve fund, the $5 million that is currently in the fund... COUNCILMAN KRUPSKI: Will be spent. MR. SCHWARTZ: With those purchases plus the payment on the interest on what we borrowed already will be spent, was I .... April 26, 2011 Page 55 Southold Town Board Meeting Minutes COUNCILMAN KRUPSKI: That's right. SUPERVISOR RUSSELL: Correct. MR. SCHWARTZ: Okay and that was why we decided, you decided to borrow another $10 million. COUNCILMAN KRUPSKI: To authorize the last $10 million, yes. MR. SCHWARTZ: And that tells me that we are getting to a point where we have got to make tough decisions. Decide which projects we want to fund, which projects we can't afford... SUPERVISOR RUSSELL: We actually have already been in that position for some time now and I think we am making, we are putting a lot more vetting into each purchase and we are making tough decisions. We've turned down purchases that have been presented to Melissa's committee. We've turned down purchases in the past that were, you know, in a different economic environment might have been something we would have considered buying but we have to make those hard decisions. COUNCILMAN KRUPSKI: And don't forget, it is hard to, you can't look at the whole list of available properties in the town which was done at the very beginning, at the outset, there is a whole list of properties that were available to have money spent on them from this 2% fund. You can't say that with any great certainty that by the year 2030, any particular property will be either up for sale or the person who owns it will want to sell the development rights. So it is sort of a, the strategy is to act on what is in front of you and to make a decision on different criteria, not to wait for one parcel because that might not never happen. So you kind of have to play with the cards that you were dealt here. MR. SCHWARTZ: Well, Riverhead was up 38%, almost double our increase from what they expected. COUNCILMAN KRUPSKI: Then need it. MR. SCHWARTZ: But they still got less than us but the fact that we are up 21% means the market may be turning around and if that indicates that there may be more development occurring in Southold. That indicates that we need to step up the preservation and focus the preservation also and if you are doing that, that is fine but I think that it's important for you not only to do it between yourselves and on the Land Preservation Committee but to inform the public on behalf of whom you are acting, what is going on. So I thank you very much. Councilman Krupski COUNCILMAN KRUPSKI: Thank you. Supervisor Russell SUPERVISOR RUSSELL: Okay. I was just reminded that we are actually still in a public hearing. Would anybody else like to comment on this particular purchase? (No comment) April 26, 2011 Southold Town Board Meeting Minutes Page 56 Closing Commets 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? Councilman Ruland COUNCILMAN RULAND: Yes, I would. SUPERVISOR RUSSELL: Okay. COUNCILMAN RULAND: First of all, I would like to Mr. Schwartz' comment, if you don't mind. SUPERVISOR RUSSELL: Sure. COUNCILMAN RULAND: I am not necessarily sure that given the current status of the laws of the State of New York and the longevity that Article 25 AA of the Agricultural Markets law holds that stipulations requiring what you can and cannot grow on agricultural land would ever be something that the town could impose because the law protects the grower and rightfully so. I think the day will come and I will use an example of switch grass which is probably one of the most up and coming biomasses that there are. Very pretty when it is in bloom but third year, switch grass grows about 10feet tall and you can expect to get 7 tons to the acre in a good crop after you have established it. If one would say that you merely purchased the development rights for a scenic easement, I would suspect that switch grass would kind of block that easement at certain times of the year but I also think that if we don't change our priorities in this country and not only would as the Supervisor commented about how we get rid of our refuse, what we do with it, what we actually do with it, I think that we are going to have a double train wreck. I think that if we ever come up with an energy policy, it is obvious that the technology is there to produce fuel that are synthetic or bio in nature, I think that the country really hasn't bought into that yet. It is a great idea, it is used in certain areas of the country. One group is fighting with the other about is this better, is it not? Probably the hybrid of what one would think is better now is where it is going to go. There is the issue of, I think it was in Spain where they now can create gasoline from algae. I mean there is some really interesting technology out there and I think that our ability to enjoy food either from the other side of the world or the other side of the country, if we don't have a good, clear transportation policy in place, locally grown everything is going to be very important. And if you want to look at things that people are seeing today, if you look at the milk industry and if you look at what is happening in the last six weeks, class 4 milk which is the lowest quality milk which always goes to make powdered milk, is now in greater demand than fluid milk class 1. It is all going to Japan because their dairy products cannot be consumed. So that is driving the milk market, in a lot of ways artificially, just like commodities trading is driving the price ofoil artificially but you are seeing now that the fluid milk producers are being paid something that is a lot closer in actuality, cost of production plus and are being criticized because they are diverting milk to go to make powdered milk to ship to the other side of the world which they can actually be paid more for. So I think that it, that is a real fine line of the April 26, 2011 Southold Town Board Meeting Minutes Page 57 suggestion that you made, alr/ght? And it would be like, there was a fellow in Mattituck not that many years ago that decided was going to grow Jerusalem artichokes which as far as I am concerned are an invasive species, okay? You plant them, you got them. And that was a great idea, alright, that we are going to get sugar from this but it didn't pan out. But he tried it. That doesn't mean that something other than that will come in the future. I think it might have been you recently that mentioned the word bamboo and if it wasn't, it was someone else about where there is, you know, oh, isn't that interesting to see it growing. I am telling you, it is almost impossible, impossible to get rid of it after you have it. And I think those are the things that we need and I speak for someone who has been a farmer my whole life. I speak that from someday, we could in this country, as you will see in areas that are flood ravaged or tornado ravaged, can be very much like the times of eastern Europe were where thousands of people lined up before daylight at a supermarket to go in and see if there was any bread to buy. And we don't ever want to be in that position, so we need to manage all that we do well. And Albert's comment is very well taken. We don't know what is going to grow on that land in the next 100 years. We don't know what the next generation or the one after that is going to do. What we do know is that we think that it is in everyone's best interest to keep it so you can produce food. That was a very long, short comment Mr. Supervisor, I beg your indulgence. Supervisor Russell SUPERVISOR RUSSELL: Would anybody like to comment on any other issue? Benja Schwartz MR. SCHWARTZ: I will keep it brief. Two issues, one I just, I saw on the agenda this morning but I wasn't able to stick around for it, the subject of emergency management. And I just, I know if Marie Domenici was here, she would want to know what was discussed. SUPERVISOR RUSSELL: The specific issue, we actually have an Emergency Management meeting coming up. Today's issue was developing an emergency management plan with reference to our data, our infrastructure, our, you know, all our stored data. I think Betty could probably speak to the issue better than I can. MR. SCHWARTZ: The GIS etc.? Town Clerk Elizabeth Neville TOWN CLERK NEVILLE: No, the backup tapes, technical data, any type of technical data on the computers, on the servers, must have an emergency management plan. MR. SCHWARTZ: Sounds very good. TOWN CLERK NEVILLE: Yes. Benja Schwartz MR. SCHWARTZ: Now, speaking of invasive species, humans, some people consider humans to be invasive species. Last week I was taking a walk and I was watching, I was looking at something and for some reason I turned around and I saw two deer standing about 4 or 5 feet from me. They were watching me. As soon as I looked at them, they turned around and left. Page 58 April 26, 2011 Southold Town Board Meeting Minutes Anyway, then I continued around the block and there a new house, development going up there where it is a pre-fab house that came in on trucks and the things was so big it knocked some tree branches off on the way down Pequash Avenue but before they brought the house to the lot, they cleared every growing thing on that lot. There wasn't a shrub or a flower or a plant, every tree. What are they going to replace that with? Is it going to be a pantry for the deer? I know we are not allowed to feed the deer but are we going to have to regulate what homeowners grow and don't grow? I would hope that this town could give some more guidance and think about that. COUNCILMAN RULAND: I think we certainly could recommend the things that they don't like. SUPERVISOR RUSSELL: We actually have already done that. We actually have had community meetings to discuss that very issue. As a practical reality, there isn't very much the deer aren't willing to eat. We actually had biologists come in and discuss those issues. The problem is, deer will eat just about everything when they are hungry including poison ivy. So that is a challenge, there is no doubt about that. MR. SCHWARTZ: Well, there are, well, I am not going to get into that. The other issue that I just wanted to raise that I heard some people did not realize that there was a lawsuit still pending concerning the subject property that was agreed to purchase for community preservation tonight and that brings up the subject of lawsuits in general. And I tried to look it up on the website and I found from year 2007 there was a financial report that the town put together that discussed the litigation against the town. It was very disturbing to hear that litigation described as an ordinary, a part of the ordinary conduct of business. I don't think that litigation should be considered an ordinary and then there were, there was some notes that said, first of all, it said none of the litigations are going to have a serious impact on the way that the town operates or what happens to the town but so there are a few that are noteworthy. And it mentioned about maybe six or seven lawsuits. There's a lot of lawsuits left out of that list and I think one lawsuit was included in the list twice. Same lawsuit. It wasn't clear, there were not identifiable really, index numbers or whatever. Seems to me like it was the same lawsuit that was talked about twice in this little list of a half dozen lawsuits. But I have asked for this before, if the town could put something up, maybe on the town attorney's page, listing all the current lawsuits and the general status of those lawsuits. ! know that a lot of times when there is a suit pending, you don't want to talk about it but there are certain aspects of lawsuits that are pending that are a matter of public record and I don't know why the town cannot provide the information to the taxpayers at least, as to what the complaints are, the pleadings that are filed, those are public record. Those are not, should not be reserved for executive committee but if anybody wants to find them now, they basically have to go to the county center in Riverhead and look up the town, it takes hours, it costs a lot of money. I don't see why that couldn't be a function of the town attorney's office, to keep the public informed of how we are doing in court. Okay? Think about it. Thank you. Councilman Talbot COUNCILMAN TALBOT: Motion to adjourn? Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjoumed at 6:09 April 26, 2011 Page 59 Southold Town Board Meeting Minutes Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell