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HomeMy WebLinkAboutTB-06/21/2011ELIZABETH A. NEVILLE TOVCN 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.north fork.net MINUTES 2. 3. 4. 5. 6. 7. June 21,2011 :i 4:30 PM A Regular Meeting of the Southold Town Board was held Tue~¢~, June 21,2011 Hall, 53095 Main Road, Southold, NY. Supervisor Russell c the Pledge of Allegiance to the Flag. Call to Order 4:30 PM Meeting called to order on June 214~11 at Southold, NY. I. Reports Budget Program for the Disabled Island Group Employee Health Justice Louisa P. Evans Zoning Board II. Public 2. Suffolk County 3. qall, 53095 Route 25, with Board Peconic Bay and Gardiners Bay IlL IV. Discussion~ '? 1. 9:00 - Jill Dohegty, Town Trustees 2. 9:30 - Jim McMahon 3. 10:00 - Phillip Beltz 4. Phillip Beltz 5. Public Paper Shredding 6. Executive Session - Labor 7. Litigation June 21,2011 Page 2 Southold Town Board Meeting Minutes 8. 12:00 Executive Session - Melissa Spiro Special Presentation 4:30 P.M. - Special Presentation Opening Statements SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. Thank you. Before we get on the regular meeting, we have a presentation to make. Florence, I am going to ask you to please stand. Florence is retiring from the Tax Receiver's office. 'Whereas Florence Corwin, a most dedicated employee of the Tax Receiver's office of the Town of Southold has retired on November 22, 2010; and whereas Florence Corwin has given generously of her time and provided faithful service to the residents of the Town of Southold as a Clerk in the Tax Receiver's Office since December 4, 2000; and whereas Florence Corwin's record of unwavering service and diligence to duty to the Town of Southold deserves the sincere gratitude of those with whom and for whom she served; now there be it resolved that the Town Board of the Town of Southold hereby expresses its sincere appreciation to Florence Corwin for her unselfish and untiring efforts on behalf of the Town and extends best wishes for the years ahead; and be it further resolved that a copy of this resolution be presented to Florence Corwin and entered into the permanent records of this Town Board meeting.' This is presented on behalf of the entire Town Board, thank you for all of your wonderful work. COUNCILMAN ORLANDO: Thank you. COUNCILMAN KRUPSKI: Thank you. GEORGE SULLIVAN, TAX RECEIVER: I just want to say one word. My friends will say that I always brag about the employees of our town, I think we are very fortunate having (inaudible) it is only right that today we honor someone who has given so much of her time and effort to the town. So, I thank you for the proclamation and I thank Florence for all her years of hard work. SUPERVISOR RUSSELL: Thank you very much. I would ask anybody at this time that would like to comment on any of the agenda items, please feel free to come forward, on any of the agenda items. BENJA SCHWARTZ: Good afternoon, Benja Schwartz, Cutchogue. How are you? On resolution # 457, land preservation generic steward management plan. What is the plan? Is that available? Is that posted? I looked for it on-line on the website and I couldn't find it or anything about it. COUNCILMAN KRUPSKI: It is a newly adopted management plan that covers all the town owned properties, all 56 of them, that don't have management plans in place. There are a number of very small properties and this is a plan that basically says do no harm but you can clean up man-made debris, that is about it. COUNCILMAN TALBOT: It is going to be a temporary one until the official one is written. June 21,2011 Page 3 Southold Town Board Meeting Minutes COUNCILMAN KRUPSKI: right. Well, eventually we will have, well, some are so small they probably will never have management plans but some are larger parcels and they are being used by the townspeople but there are no official trails yet and there are no brochures, there is no official parking and as all that happens, in the future, because the Town Board said in the past, let's wony about acquisition today because once those parcels are lost, they are lost. If we do acquisition today, we can do stewardship later on when we get time and resources for it. SUPERVISOR RUSSELL: Two weeks ago there was a draft of this that was presented to the Town Board. We reviewed it then, upon adoption tonight, it will certainly be available on the website as quickly as possible. COUNCILMAN KRUPSKI: But it is available at the .... MR. SCHWARTZ: I am very happy to hear that you are developing it, I just feel like it is something that you would want as many people as possible to review and know about and have easy access to it. To date it is not available but it will be. LWRP, one of our favorite subjects, is being, there is a resolution 465 to amend the LWRP to reflect changes made to the maps and narratives for the state's significant coastal fish and wild habitats within the town's LWRP area. Again, it sounds interesting, it sounds good, I am glad you are doing it but part of all this public business is letting the public know what is happening. And I don't see what the changes are or where that is or how I can access that. Is that available? TOWN ATTORNEY FINNEGAN: Benja, this is the culmination of a process that has probably taken 18 months. We have had several heatings and these are the changes to the dredge windows that were made to the LWRP, there was a code amendment that was the subject of a public hearing. There was also an amendment that dealt with changes to the minor exempt action list. The process is very longwinded, the state puts us through all these hoops, this resolution is just simply one of the parts of the process that we know have to just forward, once again, to the state to change it, so that is all that this resolution is doing. These amendments have already been made previously. It is just another, hopefully, the final step and the state will say it is okay and then it will finally be done. COUNCILMAN KRUPSKI: It actually wasn't 18 months, it probably was three times that. SUPERVISOR RUSSELL: This is trying to bring some closure to an issue that has been more than well publicized, which is the dredge windows and everybody is familiar with the snafu in dredging that happened a few years ago, where none took place. We had a dredging committee in place. More or less, this strikes from reference any of the dredge windows established by federal or state law from the local LWRP. MR. SCHWARTZ: You know, it sounds great except that we are here today at a public meeting and we have an agenda and you have got this, I remember the dredge windows, talking about that, discussing that, but I, I couldn't get that from this. So that is why I am asking. Resolution 466, bonding to purchase highway equipment for the highway department. I mean, I am sure it makes a lot of sense what you are doing but part of the reason we have this meeting in public is June 21,2011 Page 4 Southold Town Board Meeting Minutes so that people can understand what you are doing and in reading this lengthy, several pages of resolutions, the only thing I can understand is something, equipment for the highway department, acquisition of equipment for the highway department. No where does it say, are we buying a dump truck or road paver or, you would think that we would be a little bit more .... SUPERVISOR RUSSELL: Again, information that has already been distributed thoroughly to the public. This was part of the capital works project, the budget that was adopted by this board this past winter. This is a budget request, capital works request, capital budget request from the highway superintendent. It was adopted by the Town Board for the purchase of a payloader and an item called a skid steer. Again, these were vetted through public heatings, they were adopted by a vote of this Board .... MR. SCHWARTZ: It is many different parts of types of equipment, this is equipment that he is going to go and try to get at bargain sale prices and stuff, that is what we have been talking about... SUPERVISOR RUSSELL: Yes. MR. SCHWARTZ: This resolution refers to? COUNCILMAN TALBOT: No, no. That is the stuff that he was getting out of the city? MR. SCHWARTZ: Yes. COUNCILMAN TALBOT: These are all going to be brand new pieces of equipment. MR. SCHWARTZ: These are going to be brand new. SUPERVISOR RUSSELL: These aren't auction items. These are items that... MR. SCHWARTZ: These are the things that he wanted to go to the trade show... SUPERVISOR RUSSELL: Yes. MR. SCHWARTZ: Inaudible. SUPERVISOR RUSSELL: He actually did go to the trade show .... COUNCILMAN TALBOT: He actually went there, paid for it himself and came back with some knowledge. MR. SCHWARTZ: Okay, thank you very much. SUPERVISOR RUSSELL: Would anybody else like to comment on any of the agenda items? (No response) June 21,2011 Page 5 Southold Town Board Meeting Minutes Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, May 24, 2011 ~' Vote R~rd- A¢~ptnnce 0f Mhmtes fo~ MaF 24 2011 4 30 PM ~es/AYe No/Nay Abstain Absent William Ruland Voter [] [] [3 [] [] Accepted Vincent Orlando Voter [] [] [] [] [] Accepted as Amended ~hrist~pher Talbot Seconder 171 [] [] [] [] Tabled A!bert ~PSk! Jr: Voter [] [] : [] [] Louisa P. Evans Initiator [] [] [] [] Scott Russell Voter [] [] [] [] RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, June 07, 2011 ,/v0te Record- ~¢~eptance 0~tes fo~ Ja~e 7i ~01i T:~:PM ~s/A~ ]Ng~ ~b~t~n Absent William Ruled Vot~ ~ ~ 0 ~ ~ Acc~t~ Vinc~t ~l~do Vot~ ~ ~ ~ ~ 0 Acc~t~ as ~d~ C~stoph~ Talbot S~ond~ ~ ~ ~ ~ ~ Tabl~ Alb~ ~Psk~ Jr. Y0~ ~ ~ ~ D ~uisa P. Evans Bitiator ~ ~ ~ D Scott R~seil Vot~ ~ O ~ ~ V. Resolutions 2011-449 CA TEGOR Y: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated June 21, 2011. ~' V0te Rec0rd ~ ReSOlUti0~ RES-201 t-449 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/~ay Ab~ta!n Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn vincent ~land0 voter [] [] [] [] [] Supervisor's Appt C~st0~her Taint Seconder [] [] [] [] [] Tax Receiver's Appt ~!berr ~Psk! Jr: V~ter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] O [] Town Clerk's Appt Scott RuSsell Voter [] : [] [] 0 [] Supt Hgwys Appt [] No Action 2011-450 CA TEGOR Y: DEPARTMENT: Set Meeting Town Clerk June 21,2011 Page 6 Southold Town Board Meeting Minutes 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 Tuesda¥~ July 5~ 2011 at the Southold Town Hall, Southold, New York [] Adopted [] Adopted as Amended [] Defeated Yes/AYe N~/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt 13 ~ 13 [3 [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] : [] [] [] Town Clerk's Appt Scott Russell Voter [] [3 [] [] [] Supt Hgwys Appt [] No Action 2011-451 CATEGOR~ DEPARTMENT: Contracts, Lease & Agreements Fishers Island Ferry District FIFD Accept Proposal of John Barton to Provide Legal Counsel in the Pending Asbestos Litigation Suit. RESOLVED the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated June 7, 2011 that accepts the proposal offered by Attorney John Barton of Taylor Duane, Providence, Rhode Island to provide legal counsel in the pending asbestos litigation suit. vote Regord, R~',l*luiion RE~2011.451 [] Adopt~ ~ Defmt~ Ye~/Aye N0~ay Abstain Absent ~ Sup~i~r's Appt C~stoph~ Taler Vot~ ~ ~ ~ ~ ~ Tax R~eiv~'s Appt 5!b~ ~Pski ~[: ~0t~ ~ ~ ~ ~ ~ Supt H~s Appt 2011-452 CA TEGOR Y: DEPARTMENT: Bid Acceptance Police Dept Accept Bid for SUV for the Police Department Fiscal Impact: One (1) bid Mullen Motors Inc. bid of $27,995. O0 June 21,2011 Page 7 Southold Town Board Meeting Minutes THIS RESOLUTION IS TO BE TABLED RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Mullen Motors Inc. to supply the Police Department with a 2011 Sport Utili~, Vehicle {Jeep Grand Cherokee 4X4l, in the amount of $27,995, all in accordance with the bid specifications in the Legal Notice to Bidders dated May 24, 2011. [] Adopted [] Adopted as Amended [] Defeated ~es/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisors Appt ~S~ppher Ta!bot Voter [] [] [J [] [] Tax Receiver's Appt A!b~ ~p~k! Jr. Voter [] [] [] [] [] Rescinded [] Town Clerk's Appt Louisa P. Evans Voter [] [] [] [] [] Supt Hgwys Appt Scott Russell Voter [] [] [] [] [] No Action Next: Jul 5, 2011 7:30 PM 2011-453 CATEGORY: DEPARTMENT: Employment - FIFD Accounting Wage Increases Retroactive to May 26, 2011 WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their June 7, 2011 meeting to grant the following personnel a wage increase retroactive to May 26, 2011, and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby increases the salaries of the following Fishers Island employees retroactive to May 26, 2011: Glidewell, Logan Eagan, Daniel Londregan, Timothy Donahue, Ryan Moore, Angela Doucette, Deborah Tombari, Leslie Lefevre, Raymond From $10.09 to $10.79: From $10.06 to $10.29 From $10.06 to $10.29 From $9.66 to $10.29 From $9.50 to $10.29 From $11.58 to $11.88 From $10.52 to $11.88 From $15.25 to $16.40 June 21,2011 Southold Town Board Meeting Minutes Page 8 ,e' Vote R~Ord ~ R~Olutton RES~201!453 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Absta n Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] 13 [] Supervisors Appt Christopher Talbot Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [2 [] [] [] Supt Hgwys Appt [] No Action 2011-454 CATEGOR~ DEPARTMEN~ Ratify Fishers Island Reso. Fishers Island Ferry District Change in FIFD Ramp Charges RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated June 7, 2011 adopting a chanae in ramp fee charees for usage of the Fishers Island Ferry District loading ramps as follows: Ramp Touch Fees: Effective June 8, 2011 ............................. $1,000.00 per touch. ~r Yore Record - Re~olution KES.2011-454 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [3 [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt ~hri~tppber T~!bot Seconder [] [] [] [] [] Tax Receiver's Appt Albert ~pski Jr. Voter [] [] : [] [] [] Rescinded Louisa P. Evans Initiator [] [] [3 [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-455 CA TEGOR Y: DEPARTMENT: Authorize to Bid Police Dept ,4dvertise for Bids for an In-Car Digital Video Recording System for the Police Department RESOLVED: that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for an In-Car Digital Video Recording System~ for use in Police Department vehicles. June 21,2011 Southold Town Board Meeting Minutes Page 9 ~' Y0te ReCOrd. Resoluti0n IlflK~2011-455 [] Adopted [] Adopted as Amended [] r)efeated ye~/Aye ~0aqay ~bst~!~ ~bsent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Initiator ga [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [~ [] [] [] [] Town Clerk's Appt Scoa Russell Voter [] i-I [] [] [] Supt Hgwys Appt [] No Action 2011-456 CATEGORY: DEPARTMENT: Committee Resignation Town Clerk Architectural Review Board Resignation and Advertise for Resumes. RESOLVED the Town Board of the Town of Southold hereby accepts the resignation of Sanford Hanauer from the Architectural Review Board and be it FURTHER RESOLVED the Town Board authorizes and directs the Town Clerk to advertise for resumes to fill the vacancy created by his resignation. VOte ReCOrd, Resolution RES-2011-456 [] Adopted [] Adopted as Amended [] Defeated ~ Tabl~ William Ruled O Wi~d~wn 9ifie~ ~imd;] D Sup~isor's Appt C~stoph~ Talbot 0 Tax R~eiv~s Appt Alb~ ~pski Jr. ~ Rescind~ ~uisa P. Evans ~ Town Clerk's Appt Scott Russell ~ Supt Hgwys Appt ~ No Action 2011-457 CATEGOR~ DEPARTMENT: Property Usage Land Preservation Adopts the Generic Stewardship Management Plan RESOLVED that the Town Board of the Town of Southold hereby adopts the Generic Stewardship Management Plan for Open Space properties, excluding farmland, wholly or jointly-owned by the Town of Southold that do not have infrastructure. June 21,2011 Page 10 Southold Town Board Meeting Minutes ~ Vote Record - Res01ufi0n I~S-2011-457 V~ Adopted [] Adopted as Amended [] Defeated Yes/Aye ~ No/Nay Absta ~ Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Pdbe~ ~p~k! JL seconder F~ FI [] [3 [] Rescinded Louisa P. Evans Voter F~ F1 : Fl [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-458 CA TE G O R Y: DEPARTMENT: Employment - Town Accounting Amend Resolution 2011-406 RESOLVED that the Town Board of the Town of Southold hereby amends resolution 2011- 406 adopted at the May 24, 2011 regular Town Board meeting to read as follows: RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Chief Carlisle E. Cochran, Jr. effective July 6, 2011. Vote ReCord ~ ReSolution RES~2011-458 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Sec0~der [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christoph~ Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter ~ [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-459 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Intermunicipal Agreement Between the Town of Southold and the Village of Greenport in Connection with Seasonal Parla'ng Enforcement Services by a Designated Traffic Control Officer Employed by the Town of Southold RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Intermunicipal Agreement between the Town of Southold and the Village of Greenport in connection with seasonal parking enforcement services by a designated Traffic Control Officer employed by the Town of Southold, subject to the approval of the Town Attorney. June 21,2011 Page 11 Southold Town Board Meeting Minutes v' Vote R~eord - Resolution RE8-201t-459 Adopt~ Adopt~ as Am~d~ Defmt~ Ye~A e No/Na Abstain Absent Tabl~ William Ruled Vot~ ~ ~ ~ ~ Wi~dmm Vinc~t ~l~do Vot~ ~ ~ ~ ~ Sup~isor's Appt C~stoph~ Tal~t S~ond~ ~ ~ ~ ~ Tax R~eiv~s Appt ~!b~ ~P~ J[~ ~0t~ ~ ~ ~ ~ Rescind~ ~uisa P. Eves Initiator ~ ~ ~ ~ No Action 2011-460 CATEGOR~ DEPARTMEN~ Affordable Housing Town Attorney Hereby Approves the Sale of the Affordable Housing Unit Located at 480 Cottage Way, Mattituck, by Megan Sullivan to Maciej Gierasimiuk and Bozena Gierasimiuk RESOLVED that the Town Board of the Town of Southold, in accordance with the provisions of Section 280-30(A)(2) of the Town Code and applicable Covenants and Restrictions, hereby approves the sale of the affordable housing unit located at 480 Cottage Way~ Mattituclq b.y Megan Sullivan to Maciei Gierasimiuk and Bozena Gierasimiuk, subject to the approval of the Town Attorney. vote ReCOrd - Resolution RES~10ii-460 [] Adopted [2] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot Initiator ~ [] [] [] [] Tax Receiver's Appt Albert Krapski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] FI [] Town Clerk's Appt Scott Russell Voter [] Supt Hgwys Appt [] No Action 2011-461 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Temporary PT Food Service Worker RESOLVED that the Town Board of the Town of Southold hereby appoints Thomas Broderick to the position of a temporary part time food service worker for the Human Resource Center, effective June 22, 2011, at a rate of $13.56 per hour not to exceed 17.5 hours per week. June 21,2011 Page 12 Southold Town Board Meeting Minutes Vote Record. Resolution t~]gS-20t 1-461 [] Adopted [] Adopted as Amended f'l Defeated Yes/Aye No/Nay Absta n Absent [] Tabled William Ruland lintiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder ~ Fl [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert ~PSk! Jr, y~er ~ [2] D D [] Rescinded Louisa P. Evans Voter I~ [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [2] [] Supt Hgwys Appt [] No Action 2011-462 CATEGORY: DEPARTMENT: Employment - F1FD Accounting Accepts Resignation of Kevin Kapfer WItEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their June 7, 2011 to accept the resignation of the following personnel, and WItEREAS the Town Board of the Town of Southold is required to approve appointments and resignations of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation effective May 24~ 2011 of Kevin L. Kapfer~ part time deckhand for the Fishers Island Ferry District. Vote Record -Resolution ~S-201i-462 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisors Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-463 CATEGOR~ DEPARTMENT: Attend Seminar Building Department Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to Chief Building Inspector Michael Veri .ty to attend a seminar on Residential Enerk, y and Swimming Pools and Spas in Lindenhursh New York, on June 15, 2011. All expenses for June 21,2011 Page 13 Southold Town Board Meeting Minutes registration, travel to be a legal charge to.the 2011 Building Department budget (meetings and seminars). ~' V0t~ Re°r'rd .- Resolution RES-20il-463 [] Adopted [] Adopted as Amended [] Defeated ~es/P,ye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Seconder F~ [] [] [] [] Supervisor's Appt Christopher Talbot Voter ~ [] [] [] [] Tax Receiver's Appt Alber~ ~Psk! Jr: ln!fi~o~ ~ [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] : [] [] [] Supt Hgwys Appt [] No Action 2011-464 CATEGOR~ DEPARTMEN~ Authohze to Bid Data Processing Data Processing Surplus Equipment Fiscal Impact: The attached list of computer equipment is in disrepair, obsolete, and/or beyond it's useful life. RESOLVED that the Town Board of the Town of Southold hereby declares the following equipment to be surplus equipment: Be it further RESOLVED that the Town Board authorizes and directs the Town Clerk to advertise for the sale of same. 2011 Surplus Equipment Desktop N846491801 044 2450 11/12/lg98 Desktop 7VEQC NA NA Prior to 1/1/2001 Desktop 7E2IV 044 2534 Prior to 1/1[2001 Desktop 8T7930B NA NA Prior to 1/1/2001 Desktop 1579308 NA NA Prior to 1/1/2001 Desktop 9h8930B NA NA Prior to 1/1/2001 Desktop 3579308 NA NA Prior to 1/1/2001 Desktop 898930B NA NA Prior to 1/1/2001 Desktop DG8930B NA NA Prior to 1/1/2001 Desktop 798930B NA NA Prior to 1/1/2001 Desktop 6G8930B NA NA 9/25/2008 Fire Wall Appliance FLX1042030018 NA NA Pdor to 1/1/2001 HUB ANH0014370 NA NA NA HUB SG63600865 NA NA NA HUB 911-007 NA NA NA HUB LV2G370023517 NA NA Prior to 1/1/2001 HUB LV2G370024733 NA NA Prior to 1/1[2001 HUB LV2G370024595 NA NA Prior to 1/1/2001 HUB 0801/728V2037446 NA NA Prior to 1/1/2001 HUB 7ZPV730218 NA NA Prior to 1/1/2001 HUB 0801/7ZBV203299D NA NA Prior to 1/1/2001 HUB 08017ZAV202D87C NA NA Prior to 1/1/2001 June 21,2011 Southold Town Board Meeting Minutes Page 14 HUB 7ZAV202D321 NA NA Prior to 1/1/2001 HUB 7ZBV1019AC2 NA NA Prior to 1/1/2001 HUB 7ZAV202D369 NA NA Pdor to 1/1/2001 HUB 7ZAV207789E NA NA Pdor to 1/1/2001 HUB SG91003072 044 2844 10/30/1998 Laptop 6SENT NA NA Prior to 1/1/2001 Laptop 1AKSA07998 044 2659 3/16/2001 Laptop 1AKSA07999 044 2657 3/16/2001 Laptop 1AKSA08102 044 2653 3/16/2001 Laptop 1AKSA07997 044 2656 3/16/2001 Laptop 1AKSA08006 044 2652 3/16/2001 Laptop 1AKSA08013 044 2658 3/16/2001 Laptop 1AKSA08031 044 2654 3/16/2001 Laptop 1AKSA08097 044 2655 3/16/2001 Monitor NA 044 2586 5/25/2000 Monitor - 1 NA NA NA NA Monitor - 2 NA NA NA NA Monitor - 3 NA NA NA NA Monitor - 4 NA NA NA NA Monitor - 5 NA NA NA NA Monitor - 6 NA NA NA NA Monitor - 7 NA NA NA NA Monitor - 8 NA NA NA NA Monitor - 9 NA NA NA NA Monitor- 10 NA NA NA NA Monitor- 11 NA NA NA NA Monitor- 12 NA NA NA NA Monitor- 13 NA NA NA NA Monitor - 14 NA NA NA NA Monitor - 15 NA NA NA NA Monitor - 16 NA NA NA NA Monitor - 17 NA NA NA NA Monitor- 18 NA NA NA NA Monitor - 19 NA NA NA NA Monitor - 20 NA NA NA NA Printer Brother Intellifax NA NA NA Printer M¥442(310D0 NA NA NA Printer CNRK492030 NA NA NA Printer C3981A 046 2286 7/30/1997 Printer MY44E4M006 NA NA Prior to 1/1/2001 Printer 41-22123 NA NA NA Printer 01 53088 046 2538 11/17/1999 Switch BC/2TFGBONF25FC0 NA NA 6/15/2009 Switch 7MNV9889E98 NA NA NA Switch L6DVSNE16A160 NA NA NA Switch L6DVSNE172FE0 NA NA NA Switch L6DVSLEOCC880 NA NA NA Switch L6DV5NE170420 NA NA NA Switch L6DV5NE1709EO NA NA NA Switch L6DV5NE170CAO NA NA NA Switch L6DVSNE171820 NA NA NA Switch L6DVSNE162220 NA NA NA Switch L6DV5NE170A60 NA NA NA UPS FB9911002018 044 2509 i 6/17/1999 UPS FB9917001521 044 2510 i 6/17/1999 Wasteworks Sof~ware 042 2018 I 3/28/199~1 June 21,2011 Page 15 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2011464 ~1 Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter v~ [] [] [] [] Withdrawn Vincent Orlando Voter ff] [] [] [] [] Supervisor's Appt Christopher Talbot Seconder [] [] [] [] [] 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 2011-465 CATEGORY: DEPARTMENT: LWRP Town Attorney Local Waterfront Revitalization Program Amendment for the Town of Southold is Adopted by the Town Board and the Supervisor is Authorized to Submit the L WRP to the New York State Secretary of State for Approval, Pursuant to the Waterfront Revitalization of Coastal Areas and Inland Waterways Act. WHEREAS, the Town of Southold has amended the Town's Local Waterfront Revitalization Program by amending the Town's Waterfront Consistency Review Law in cooperation with the New York State Department of State in accordance with the provisions of Executive Law, Article 42; and WHEREAS, the Town of Southold has amended the Town's Local Waterfront Revitalization Program to reflect changes made to the maps and narratives for the State's Significant Coastal Fish and Wildlife Habitats within the Town's Local Waterfront Revitalization Area; and WHEREAS, the Town Board, as lead agency, has prepared and evaluated an Environmental Assessment Form concerning the action of adopting the Local Waterfront Revitalization Program Amendment in accordance with the requirements of the State Environmental Quality Review Act and Part 617 of the implementing regulations of Article 8 of the New York State Environmental Conservation Law, and determined that there will be no anticipated adverse impacts upon natural, institutional, economic, developmental, and social resources of the Town, and have, therefore, prepared and filed a Negative Declaration on February 1,2011. NOW, THEREFORE, BE IT RESOLVED that the Local Waterfront Revitalization Program Amendment for the Town of Southold is adopted by the Town Board and the Supervisor is authorized to submit the LWRP to the New York State Secretar~ of State for aooroval, oursuant to the Waterfront Revitalization of Coastal Areas and Inland Waterways Act. June 21,2011 Page 16 Southold Town Board Meeting Minutes 'r Vote ReC°rd* Re~oluflon RES-201 i465 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt , Christopher Talbot initiator El [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] U [] Rescinded Louisa P. Evans Seconder [] Fl [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [3 [] [] Supt Hgwys Appt [] No Action 2011-466 CA TE GORY: Bond DEPARTMENT: Town Clerk Highway Equipment Bond BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JUNE 21, 2011, AUTHORIZING THE ACQUISITION OF EQUIPMENT FOR USE BY THE HIGHWAY DEPARTMENT, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $250,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF $250,000 BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to acquire equipment for use by the Highway Department. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $250,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of $250,000 bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Bonds of the Town in the principal amount of $250,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (referred to herein as the "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the object or purpose for which said serial bonds are authorized to be issued is fifteen (15) years; however, the bonds authorized pursuant to this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds, shall mature no later than five (5) years after the date of original issuance of said bonds or notes. (h) The proceeds of the bonds herein authorized and any bond anticipation June 21,2011 Page 17 Southold Town Board Meeting Minutes notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will not exceed five years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town without limitation as to rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish a summary of this bond resolution, in substantially the form set forth in Exhibit A attached hereto and made a part hereof, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "The Suffolk Times," a newspaper published in the Town of Southold, New York, having a general circulation in the Town and hereby designated the official newspaper of said Town for such publication. June 21, 2011 Page 18 Southold Town Board Meeting Minutes EXHIBIT A NOTICE The resolution, a summary of which is published herewith, has been adopted on June 21,2011 and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Southold, in the County of Suffolk, New York, is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this Notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the publication of this Notice, or such obligations were authorized in Violation of the provisions of the constitution. ELIZABETH A. NEVILLE Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JUNE 21, 2011, AUTHORIZING THE ACQUISITION OF EQUIPMENT FOR USE BY THE HIGHWAY DEPARTMENT, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $250,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF $250,000 BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION The object or purpose for which the bonds are authorized is to acquire equipment for use by the Highway Department, at the estimated maximum cost of $250,000. The amount of obligations to be issued is $250,000. The period of probable usefulness is fifteen (15) years; however, the bonds authorized pursuant to this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds, shall mature no later than five (5) years after the date of original issuance of said bonds or notes. A complete copy of the bond resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, at the Town Hall, 53095 Main Street, Southold, New York. The bond resolution was adopted on June 21, 2011. ,t' V0te Record? RgsoiUti0n ~20i i-466 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [~ [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter V~ Fl [] [] [] Supt Hgwys Appt [] No Action June 21,2011 Page 19 Southold Town Board Meeting Minutes 2011-467 CATEGOR~ DEPARTMEN~ Close/Use Town Roads Town Clerk Grant Permission to the Oysterponds Historical Society to Hold a Heritage Day Parade on July 3, 2011 Fiscal Impact: Police Department Cost for the Event = $85.20 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Oysterponds Historical Society, to use the following route for its Heritage Day Parade in Orient on Sunday~ July 3, 2011 beginning at noon: staging on Oysterponds Lane, from there to Main Road to Village Lane ending at the Historical Society building, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All town fees are waived. Vote Record 'ResolutiOn RES220ii-467 [] Adopted [] Adopted as Amended [] Defeated yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter gt [] [] [] [] Withdrawn Vincent Orlando Initiator gl El [] [] [] Supervisor's Appt Christopher Talbot Voter gl [] [] F1 [] Tax Receiver's Appt Albert Kmpski Jr, Seconder gl [] [] [] [] Rescinded Louisa P. Evans Voter gl [] F1 [] [] Town Clerk's Appt Scott Russell Voter F~ [] El El [] Supt Hgwys Appt [] No Action 2011-468 CA TEGORY: Employment - Town DEPARTMENT: Accounting Fishers Island Longevity Michael Flora WHEREAS, the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their June 7, 2011 meeting increasing the wages of full-time Ferry Captain Michael A. Flora by 4% due to 10 years longevity effective June 21,2011, and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby increases the salary of Michael A. Fiora, Captain, Fishers Island Ferry District, by 4% effective June 21, 2011. June 21,2011 Page 20 Southold Town Board Meeting Minutes Vote Reeord- Re-~lution RES-2011468 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Seconder El [] [] [] [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-469 CAI TEGOR Y: DEPAIRTMENT: Budget Modification Public Works Cochran Parklmprovements Fiscal Impact: Girl Gift from Richard & Mary Morrison Foundation - Scoreboard and backstop $12,192 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Whole Town budget~ as follows: To Revenues: A.2705.40 To Appropriations: A.1620.2.500.825 Gift & Donations $12,192 Cochran Park Improvements $12,192 ~' V~te Record -Resolution RIGS-2011-469 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Ori~ndo Voter [] [] [] [] [] Supervisor's Appt C~i~pher T~ib0t seconder [] Tax Receiver's Appt Alber~ Kmpski Jr. Voter fi] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt 14gwys Appt [] No Action 2011-470 CATEGORY: DEPAIRTMENT: Budget Modification Police Dept Budget Modification - Police Fiscal Impact: As the revenue sharing from Suffolk County Enhanced 911 has been increased from $33,600 to $81,560, at this time, I am requesting that you increase the budget lines listed. June 21, 2011 Page 21 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 Whole Town budget by increasing the noted budget lines in the following amounts pursuant to the Coun ,ty Law pertaining to Suffolk County Enhanced 911 Revenue Sharing adopted for 2011: A.2210.35 Revenue $47,960.00 A.3020.2.200.700 Communication Equipment $47,960.00 v' Vol* R~Ord - Resolution RES-2011-470 {~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Initiator I~ [] [] [] [] Tax Receiver's Appt Alberl Krupski Jr. Voter [] [3 ~ [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt scott Russell Vote* [] [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 470 SUPERVISOR RUSSELL: I just quickly would like to thank Legislator Ed Romaine and Suffolk County Executive Steve Levy for, this is a substantial amount money on the increase and the result of them recognizing that historically, Southold hadn't gotten its share. So I want to thank them both. 2011-471 CA TE GO R Y: DEPARTMENT: Budget Modification Assessors 2011 Budget Mod - Assessors Fiscal Impact: This budget modification is to cover the overtime expense to complete the tentative roll in the Assessors Office. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund~ Whole Town budget as follows: To: A1355.1.100.200 Board of Assessors P.S. Overtime Earnings $580.00 From: A 1990.4.100.100 Contingencies $ 580.00 June 21,2011 Page 22 Southold Town Board Meeting Minutes Record -Re~olUtiOn Rl~$e2011t-471 Adopt~ Adopt~ as ~d~ Def~t~ Ye~Aye No~ay Abstain Absent Tabl~ William Ruled ~itiator ~ ~ ~ ~ Wi~dm~ Vinc~t ~lando S~ondg ~ ~ ~ ~ Sup~isor's A~t C~stoph~ Tal~t Vot~ ~ ~ ~ ~ T~ R~eiv~s Appt ~!~ ~P~ J~: ~Pt~ ~ ~ ~ ~ R~Md~ ~ui~ P. Ev~s Vot~ ~ ~ ~ ~ Tom Cl~k's Appt ScoR Rmsell Vot~ ~ ~ ~ ~ Supt Hgwys Appt No Action 2011-472 CATEGOR~ DEPARTMENT: Bid Acceptance Solid Waste Management District MSW Haul-Dispose Bid Acceptance RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Winters Brothers Ree¥clin~ Corp. to supplv the town with MSW Haul and Disposal service for the contract period starting July 1~ 2011 at the prices submitted in their bid of May 21,2011, as well as in accordance with all other terms and conditions of the bid package, all as approved by the Town Attorney. Vote Record - Resolution RES.201i-472 : [] Adopted [] Adopted as Amended [] Defeated Yes/Aye Ng~Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] : [] [] [] Tax Receiver's Appt Aibett ~p~ki Jrl Sec0fider [] [3 {3 [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-473 CATEGOR~ DEPARTMEN~ Local Law Public Heating Town Attorney Public Hearing on a Proposed Local Law Entitled "A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of that Portion of SCTM #1000-140-2-32from R-40 to LI" WHEREAS, by Local Law No. 30 of 1999, the Town Board of the Town of Southold, in connection with the County Route 48 Land Use Study, rezoned the entirety of a parcel of land in Mattituck identified as SCTM #1000-140-2-32, from Light Industrial (LI) to R-40; and June 21,2011 Page 23 Southold Town Board Meeting Minutes WHEREAS, the rezoning of the entirety of the parcel appears to have been in error, as the supporting Planning documents contemplated rezoning only the portion of that parcel fronting on Mary's Road from LI to R-40; and WHEREAS, the Town Board finds it appropriate to correct that error and to rezone the portion of SCTM #1000-140-2-32 that was to have remained LI, back to LI; and WHEREAS, rezoning of the portion of the subject site as LI is consistent with the County Route 48 Land Use Study. NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold is considering the change of zone of that portion of SCTM #1000-140-2-32 that was intended to remain LI on its own motion; and it is further RESOLVED that the Town Board of the Town of Southold requests the Planning Board and/or Planning Staff to prepare a report and recommendations on the proposed rezoning, including a SEQRA report and recommendation; and it is further RESOLVED that the Town Clerk of the Town of Southold is directed to forward the matter to the Suffolk County Planning Commission for a report and recommendations; and it is further RESOLVED that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County, New York, the Town Board of the Town of Southold will hold a public hearing on a proposed Local Law entitled "A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of that portion of SCTM #1000-140-2-32 from R-40 to LI" at Southold Town Hall~ 53095 Main Road~ Southold~ New York~ on the 19th day of Jul¥~ 2011 at 4:35 p.m. The portion of the property to be rezoned is approximately .52 acres, is located off of Mary's Road in Mattituck, and depicted in the attached drawing. June 21,2011 Page 24 Southold Town Board Meeting Minutes June 21, 2011 Southold Town Board Meeting Minutes Page 25 ~ V~te Record ~ Peso ution RE8-2:011-473 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Absta n Absent [] Tabled William Ruland Seconder [] [] [] [] [3 Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christ0pher Talbot Voter [] FI [] [] [] Tax Receiver's Appt A!be~t ~psk! Jr. In!tiat°r [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-474 CATEGORY: DEPARTMENT: Public Service Town Clerk Fireworks Permit to the Greenport Fire Department for Fireworks Display on July 2 and 4, 2011 RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a fireworks permit by the Town Clerk to Phoenix Hook & Ladder Company No. 1 and Relief Hose Company No. 2 of the Greenport Fire Departmenh for a fireworks display on Sunday~ July 2nd and 4th~ 2011, at Greenport High School's field, payment of a fee of $100, subject to the applicant's compliance with the requirements of the Town's policy regarding the issuance of fireworks permits and subject to the approval of the Town Attorney. · r Vot~ Record ~,R~laflon RES-20ii-474 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/NaY Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Seconder [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] Rescinded Louisa P. Evans Initiator [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-475 CA TEGOR Y: Budget DEPARTMENT: Town Clerk Declare Certain Alarm Accounts as Uncollectible RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to authorize the Town Clerk's Office to declare the following alarm fine as uncollectible and should be removed from said account: Eleanor Sievemich Alarm Permit #0 $200.00 June 21,2011 Page 26 Southold Town Board Meeting Minutes. Vote Ree°rd ~ Resolution RES-2011-475 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled Willimn Ruland Seconder [] [] [] [] FI Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Initiator [] [] E] [] [] Tax Receiver's Appt A!bert ~PSk! Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] Supt Hgwys Appt [] No Action , 2011-476 CA TE GORY: Grants DEPARTMENT: Supervisor Amend 2011 Community Development Program Budget RESOLVED that the Town Board of the Town of Southold hereby amends Resolution 2010- 917 that adopts the 2011 Community Development Block Grant Budget and authorizes and directs Supervisor Scott A. Russell to sign the Project Description Forms for the Community Development Block Grant Program as follows: Home Improvement Program ,~e'7o, ~,-<n'~vv $59,675 Less Administration Fee for the Town $ 1,950 Peconic Community Center Improvements ~.,vvve~ ntm $21,250 Administration ~..,v~e t ~ nnn$11,050 Robert Perry Child Day Center ~ -7, ,.v,.~n $ 6,375 Community Action Southold Town ..e ~v,~.~nnn $ 5,100 Peconic Community Council oe ;.,.v~nnn $ 5,100 Vote ReCOrd - Resolution RES~2011-476 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Na~ Abstain Absent [] Tabled William Ruia~d initi~im. ~ rn F1 El [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt A!ber~ Kmpski Jr. Voter ~1 [3 [] [] [] Rescinded Louisa P. Evans Voter [] Fl [] [3 [] Town Clerk's Appt Scott Russell Voter [] [] : [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 476 SUPERVISOR RUSSELL: Let me just quickly say, that is in no way a reflection on the good work these organizations do. We received a notice recently that our community block grant funding was being cut by 15% and this just reflects the reductions across those different organizations. June 21,2011 Page 27 Southold Town Board Meeting Minutes 2011-477 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Ratifies and Approves the Memorandum of Agreement Between the Town of Southold and the CSEA Dated June 8, 2011 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Memorandum of Agreement between the Town of Southold and the CSEA dated June 8~ 2011, concerning the settlement of Grievance No. 2011-002. Vote Record - Re~oluflon RES.2011-477 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] 13 Withdrawn Vincent Orlando Initiator [] [] [] [] [3 Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Seconder [] [] [] [] [] Rescinded Louisa P, Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-478 CA TEGOR Y: DEPARTMENT: Employment - Town Accounting Appoint Martin Flatley Provisional Chief of Police WHEREAS the Suffolk County Department of Civil Service has established that there is no eligible list for Chief of Police, and WHEREAS the Town Board of the Town of Southold has determined that the Town should fill the Chief of Police position for the Police Department with a provisional appointment, and has received permission from Suffolk County Department of Civil Service to make said provisional appointment, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Martin Flatley to the position of provisional Chief of Police for the Police Department, effective July 6, 2011 at a rate of $148~838.14 per annum. June 21,2011 Page 28 Southold Town Board Meeting .Minutes vote Record - Resolution RES-2011-475 [] Adopted [] Adopted as Amended [] Defeated Yes/Axe No/Nay Absta n Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [2] [] [] Supervisors Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Aib~ ~pSki Jr. initiator [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [3 No Action Comments regarding resolution 478 SUPERVISOR RUSSELL: First of all, I want to just say, congratulations Captain Flatley, we would like to have you come back on the 5th so we can have a formal ceremony including your family, and that is the night of the noise heating so we are going to hide behind you. Welcome to the leadership post. Congratulations. Closing Statements SUPERVISOR RUSSELL: I just have a few quick announcements before I get to the public comments. On July 23rd from 10:00 AM to 2:00 PM, Southold Town is hosting a secure shred that is for anybody, any homeowner or business that wants to bring papers, legal papers, anything that you have at home that you want to shred securely, we are doing that, it is a free of charge offer that we are making to the community. You are welcome to bring all of your documents for shredding at the Rec center. Again, that is July 23rd from 10 to 2. and also, I sent a letter today to Cross Sound ferry thanking them, Cross Sound ferry as a result of a dredging project last winter had a substantial amount of material, sand and gravel, they donated it to Southold Town that we used for the restoration of Town beach in Southold that suffered a great deal of erosion last winter. We estimate the cost of that material to be about $192,000. That went a long way in helping us restore that beach, so we want to thank Cross Sound ferry publicly. With that, I will let anybody that wants to comment on any issue to feel free? ANNE MURRAY: Hi, I am Anne Murray from East Marion. I just wanted to comment on some event from this morning, just so the public knows if they are here or watching, the town Trustees have proposed some changes to the wetland code and there are many of them and I believe they are going to the code committee next week? SUPERVISOR RUSSELL: Yes, we will establish, we haven't established a time and day yet but I presume it will be sometime next week. MS. MURRAY: Great. Will they go to a public hearing after that? SUPERVISOR RUSSELL: Yes. MS. MURRAY: Okay. Wonderful. SUPERVISOR RUSSELL: Yes, in fact, the reason that we wanted to have another code committee, we already have actually had a code committee meeting on it but there are some, I think points of dissention. We are trying to close that gap a little bit before we go through the June 21,2011 Page 29 Southold Town Board Meeting Minutes public hearing process. MS. MURRAY: Right. That was obvious this morning. And just so the public knows, there has been a lot of concern lately with some editorials in the papers about how septic systems are affecting the bays and the sound and this is a worldwide problem but very local for us and one of the changes that the Trustees wanted to make is doing away with the 100 foot from the wetlands ban on septic systems which I think is extremely wrong and I hope that a lot of people will be watching this issue because it is extremely important. Thank you. SUPERVISOR RUSSELL: Just to clarify, I think what the Trustees proposed there was if you are going to relocate outside of the 100 foot, then they are exempting it from review. In other words .... COUNCILMAN KRUPSKI: Relocation within. SUPERVISOR RUSSELL: Within. MS. MURRAY: Inaudible. COUNCILMAN KRUPSKI: So you could actually, the way it is worded, you could actually relocate it closer to wetlands. JUSTICE EVANS: I thought they told us this morning they had taken that out to read... COUNCILMAN KRUPSKI: We will wait for the draft. SUPERVISOR RUSSELL: Yes, let's, we will have a code committee meeting to bring clarity, it was clear this morning that there wasn't a lot of clarity from all sides as to what exactly some of the changes were going to mean. MS. MURRAY: And it will be next Wednesday or Thursday? SUPERVISOR RUSSELL: Presumably. We will schedule it and then we will publicly notice it. COUNCILMAN KRUPSKI: We are trying to make it, the Trustees requested it to be either early in the morning or later in the evening so that they could all attend. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any issue? No? Oh, Benja. BENJA SCHWARTZ: Hello again. Benja Schwartz, Cutchogue. I emailed a letter to the Tree Committee on May 31, I haven't gotten a response yet. It has been three weeks, right? It is June 21. TOWN CLERK NEVILLE: Is that the same one that went to Mr. Harris? June 21,2011 Southold Town Board Meeting Minutes Page 30 MR. SCHWARTZ: That was not the letter, that was the Freedom of Information request. TOWN CLERK NEVILLE: Oh, okay. MR. SCHWARTZ: But I wanted to ask you about that also because a letter .... TOWN CLERK NEVILLE: He told me he responded to you. MR. SCHWARTZ: No. TOWN CLERK NEVILLE: Well then you should have gotten back in touch with him. He told me he responded to you. COUNCILMAN KRUPSKI: They might not have met. SUPERVISOR RUSSELL: They meet once a month, it is a volunteer committee that meets once a month. And it is quite possible that they haven't met since the time you sent it. COUNCILMAN KRUPSKI: Yes, they might not have, the tree committee might not have met since you sent the letter. COUNCILMAN TALBOT: What was it in reference to? COUNCILMAN ORLANDO: Benja, if you did send it to the tree committee, I am a liaison to that, we are meeting June 29. we meet once a month, I forget last month's date but you probably sent it after that meeting, so if you did send it to the tree committee, we will obviously bring it up then. MR. SCHWARTZ: Well, I mean a letter is a letter and I hope I will get a response. I did get an acknowledgment of the receipt of my letter from the secretary the same day, so I was very impressed with that. COUNCILMAN ORLANDO: That would be from Linda Randolph? MR. SCHWARTZ: Yes. COUNCILMAN ORLANDO: So then you did contact the tree committee. So we will probably be talking about it next Wednesday. MR. SCHWARTZ: So a letter is a letter. I also emailed a Freedom of Information request and I got a receipt of that the following day from Betty Neville's office. The problem is, I didn't get an answer. And this is the first time which I have followed up on my request. TOWN CLERK NEVILLE: You should have followed up sooner because Mr. Harris told me June 21,2011 Page 31 Southold Town Board Meeting Minutes that he responded to you and you were satisfied with it .... MR. SCHWARTZ: Well, the request was also to the tree committee. The FOIL request was directed to the highway department and the tree committee. Did the tree committee tell you that they had followed up and answered my request? It is your responsibility to .... SUPERVISOR RUSSELL: No, no, no. You have to give them time to meet, you are not being fair to a group of volunteers who meet once a month. COUNCILMAN ORLANDO: Is it possible that the secretary .... MR. SCHWARTZ: That is not the way the law works, okay? The Freedom of Information law is very specific. There are timelines when a Freedom of Information request is filed, it needs to be answered within certain timeframes. That was not done. That is not being done. You need to look into the policies of the Freedom of Information law in this town. You need to start following the law. Every single one of you knows what I am talking about, when I made a Freedom of Information request and you essentially in little nicer words, told me to go sue you because I asked for a copy of a digital record. Digital records, computer files are subject to Freedom of Information law. You told me I can watch it any time I want on the town website. I didn't ask to look at it. I asked for a copy. The Freedom of Information law provides that I have a right for a copy. Well, I am going to keep reminding you and I am not going to sue you. I am not going to sue my town government because I feel, as I have told you before, that that would be similar to suing my own father or my mother. You are the parents patria, the parents of our little ship of state here and I am not going to sue you but when you tell me that if I want what I am entitled to from my government I have to sue you then I have no alternative but to come and tell you again and I will come back and tell you again that you are breaking the law and I want you to stop breaking the law and I want you to comply with the law and if you don't think I am breaking the law you can sue me. Okay? You don't believe that you are breaking the law, then please, sue me. Because that would be slander and this is not slander, the law is very clear. I am entitled to a copy of that record and without any legal reason, any reason that complies with the statute, you denied my request. So now we are talking about a different Freedom of Information request and it has been three weeks and the Freedom of Information officer, who works for all of you, she was elected by the people but she works for you, is telling me that I should have already got a request. I don't know what the policy is, I don't know if you usually see copies of the replies but that request went to two departments and if the department was unable, for any reason, to comply within the time required by law, then there is a legal, an alternative. There is a requirement that the requester be informed that there will be a delay and there is a legal requirement that the requester be informed as to how long that delay will be. Neither of which were done in this case. And neither of which are apparently done in any case or in the usual case in Southold Town. So I suggest you have some problems there, I have problems because of your decision to ignore the law. Now what went on this morning, I was unable to be here for the entire meeting this morning, there were two executive sessions on the agenda. How many executive sessions did you hold this morning? SUPERVISOR RUSSELL: One executive session. The motion was made to go in executive June 21,2011 Page 32 Southold Town Board Meeting Minutes session, it was a very all inclusive motion made by Councilwoman Louisa Evans that included all the issues to be discussed. MR. SCHWARTZ: How many issues were discussed during the singular executive session? TOWN ATTORNEY FINNEGAN: There was two litigation matters and there were some labor matters. MR. SCHWARTZ: And there was a property acquisition matter? TOWN ATTORNEY FINNEGAN: That did not go forward. SUPERVISOR RUSSELL: That was withdrawn. TOWN ATTORNEY FINNEGAN: It was adjourned. MR. SCHWARTZ: Oh, yeah, that was adjourned, so we had one matter that was noticed for Seacroft, Heritage at Cutchogue, Nocro, whatever you want to call the group versus the Town of Southold, correct? SUPERVISOR RUSSELL: Yes. MR. SCHWARTZ: And you are entitled to hold executive sessions to discuss that, of course, but isn't there something, was there something that triggered that executive session or is there something that you can tell us about the current status of that case? I think the public has an interest and the right to know if there was a motion that was filed that was answered, that was decided, if there, I, I, if there, has anything happened in court or are we .... SUPERVISOR RUSSELL: We are being sued for a substantial amount of money. Today's executive session was to discuss the ongoing legal strategy that we apply as we, at first blush, I think won the first round but we are facing an appeal and you know, we have to hold, as a former attorney you should understand the need to hold our cards close to our vest when we are discussing these legal s~ategies. MR. SCHWARTZ: I am interested then, is there anything on the public record that has happened in that case? Are there any new developments? SUPERVISOR RUSSELL: Not to my knowledge. MR. SCHWARTZ: Okay. Then there was something about, was it Bob Ghosio, Robert Ghosio Senior notice of claim or something? Was that in executive session? SUPERVISOR RUSSELL: Yes, it was. MR. SCHWARTZ: And what is the basis of that? June 21,2011 Page 33 Southold Town Board Meeting Minutes TOWN ATTORNEY FINNEGAN: Again, it was strategy to discuss the pending claim and settlement of the claim. MR. SCHWARTZ: Well, again, the law seems pretty clear to me. I can't quote you a statute or a case but I could find the decision of the committee on open government which is authorized under the statute to interpret the law if you like, it says very clearly that potential litigation is not an appropriate subject for an executive session. If it were and it might have been in a case decision, I don't remember but the decision whether it was administrative or judicial basically said that if you could hold an executive session when ever someone threatened to sue, you could just say well, we don't know, there might be a lawsuit about anything and hold an executive session. You can't, a notice of claim is a public document, correct? TOWN ATTORNEY FINNEGAN: Yes. MR. SCHWARTZ: Subject to the Freedom of Information law, correct? But it is unreasonable to expect that every time anybody wants to see anything in the government records that they are going to file Freedom of Information request for every little bit of document and there are documents that you do provide, that you do make available. If you have this on the agenda, it would be nice in that in the public meeting, first of all, I don't think that it should have been during an executive session and second of all, I think that at least the notice of claim should have been made publicly available somewhere so people could have seen what it was. Can you tell me what the claim was concerning? TOWN ATTORNEY FINNEGAN: It is a property damage claim. MR. SCHWARTZ: Property damage is the category. And you know, it is a matter of public record, correct? What is on the document, the notice of claim, when somebody files that their, I believe they are giving up an privacy rights, they have filed it on the public record and... TOWN ATTORNEY FINNEGAN: Benja, if you want to see a copy of the notice of claim, you can see a copy of the notice of claim. Nobody is trying to hide it. But the strategy that the Town Board takes with respect to addressing claims is appropriate for discussion in executive session. So if you want to see a copy of it, all you have to do is ask. Is this your request for a copy of the notice of claim? MR. SCHWARTZ: I guess it is. You do have the right to discuss the strategy in the executive session but there is a reason why it is on the agenda and it is a matter of public record, notice of claims. I think the information on all of the complaints and the claims that are filed against the town is something that the public has an interest and a right to know and I would hope that you could find a way to make that available without requiring people to file a Freedom of Information. I have no particular interest in that claim but I would like to see the list of all notices of claims that are currently pending with the town. Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any issue? June 21,2011 Page 34 Southold Town Board Meeting Minutes (No response). Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:17 PoMo Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Talbot, Kmpski Jr., Evans, Russell