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Home My WebLink AboutTB-08/02/2011ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631 ) 765 - 1800 southoldtown.north fork.net MINUTES August 2, 2011 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, August 2,2011 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 7:30 PM with the Pledge of Allegiance to the Flag. Call to Order 7:30 PM Meeting called to order on August 2, 2011 at Meeting Hall, 53095 Route 25, Southold, NY. I. Reports North Fork Animal Welfare League Inc Special Projects Coordinator II. Public Notices 1. NYS Liquor License Renewals 2. NYS Liquor License IlL Communications IV. Discussion 1. 9:00 A.M. - John Sepenoski 2. 9:30 A.M. - Phillip Beltz, Ken Reeves, Judith McCleery 3. Jockey Creek Bridge Bulkhead 4. Dog Park 5. Road End at Mason Drive 6. Request for Parking Permit Waiver at Goldsmith Inlet 7. LL/Duck Pond Road End Areas 8. LL/Special Events 9. LL/Tear Down 10. EXECUTIVE SESSION- Labor 11. Town Clerk Book Fees August 2,2011 Page 2 Southold Town Board Meeting Minutes Pledge to the Flag Opening Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise and join me in the Pledge of Allegiance to the Flag. Thank you. Would anybody like to come up and address the Town Board on any of the resolutions as they appear on the agenda? Benja Schwartz, Cutchogue BENJA SCHWARTZ: Didn't get a chance to look at the whole thing, good evening, Benja Schwartz, Cutchogue. How are you this evening? There is something here though about the recreation department and a trip to Block Island. I think that is in Rhode Island, am I right? COUNCILMAN KRUPSKI: Yes. MR. SCHWARTZ: On the Peconic Star? Is anybody familiar with that? SUPERVISOR RUSSELL: Yes, the town in many instances partners with private vendors to take people on excursions. We have done that with trips to New York City with Sunrise bus, in this case, the Peconic Star is offering people a trip to Block Island. I believe the trip is $105. It is a voluntary trip that people may elect to go. It is no different than any of the other excursions we offer through the rec department. MR. SCHWARTZ: I heard they would like to do a trip to Fishers Island. So I think that is Southold Town, right? COUNCILMAN KRUPSKI: What do you think, Louisa? Did you hear about that? JUSTICE EVANS: I haven't heard anything about it. COUNCILMAN ORLANDO: Let's do that next Wednesday. MR. SCHWARTZ: Are you going there for the meeting soon? COUNCILMAN ORLANDO: Next Wednesday. MR. SCHWARTZ: But that is only the town employees. COUNCILMAN KRUPSKI: But it is a regular Town Board, it is an official Town Board meeting. MR. SCHWARTZ: But it might not be a bad thing, to organize a trip, there is a first class museum over there at least. And don't we have a Southold Town municipal building over there? I don't know, what do you call it? August 2, 2011 Page 3 Southold Town Board Meeting Minutes JUSTICE EVANS: Highway barns? MR. SCHWARTZ: The highway barn. SUPERVISOR RUSSELL: Yes. MR. SCHWARTZ: No, the other building... SUPERVISOR RUSSELL: I have seen .... MR. SCHWARTZ: The other building belongs to the Fishers Island property owners? SUPERVISOR RUSSELL: The community association, the community center over there that is privately held. MR. SCHWARTZ: That is not owned by the town? SUPERVISOR RUSSELL: No, it is not. I would be over there bowling right now if it were. The only bowling alley in town is on Fishers Island. MR. SCHWARTZ: Hasn't the town contributed to it? SUPERVISOR RUSSELL: No. MR. SCHWARTZ: I know we have enjoyed meeting there at times. SUPERVISOR RUSSELL: Private, not for profit. MR. SCHWARTZ: Probably be meeting there next week, though. Correct? COUNCILMAN TALBOT: No, it is at the school. MR. SCHWARTZ: There is nothing at the community center this year? SUPERVISOR RUSSELL: Can we, we will get to the general discussions at the end. I want to stick to the agenda for the first... MR. SCHWARTZ: Well, my question was, was there any intention or does anyone think it is a good idea maybe to facilitate some what do you call it, inter-cultural exchange between the mainland and Fishers Island? JUSTICE EVANS: Actually, Philip is doing that with some students, high school students from mainland Southold and taking them over there to meet with some students from Fishers Island high school. August 2,2011 Page 4 Southold Town Board Meeting Minutes MR. SCHWARTZ: So it might be a good idea to do it in the recreation department also, no? COUNCILMAN TALBOT: Couldn't hurt. MR. SCHWARTZ: Thank you. Supervisor Russell SUPERVISOR RUSSELL: Would anybody else like to comment on the agenda? (No comment) Hearing none. Minutes Approval RESOLVED that the Town Board of the Town o£ Southold hereby accepts the minutes dated: Tuesday, June 21, 2011 Vote Record ~ Acceptance of Minutes for June 21~ 2011 4t30 PM Yes/Aye No/Nay Abstain Absent William Ruland Voter [] [] 13 [] [] Accepted Vincent Orlando Voter [] [] [] [] [] Accepted as Amended Christopher Talbot Seconder ~ [3 13 [] [] Tabled Albe~t Krupski Jr. Voter [] [] [] [] Louisa P. Evans Initiator [] [] [] [] Scott Russell Voter 171 [] [] [] RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, July 05, 2011 / Yore Record. A~ceptance of Minutes for Jul}' 5~ 2011 7:30 PM Yes/Aye No/Nay Abstain Absent William Ruland Voter [] [] [] [] [] Accepted Vincent Orlando Voter [] [] El [] [] Accepted as Amended Christopher Talbot Seconder [] 13 [] [] [] Tabled Albea Krupski Jr. Voter [] [] [] [] Louisa P. Evans Initiator [] [] [] [] Scott Russell Voter [] [] [] 13 RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, July 19, 2011 Vote Re~ord - Ac'ceptance of Minutes for July 19~ 2011 4:30 PM Yes/Aye No/Nay Abstain Absent William Ruland Voter [] [] [] [] [] Accepted Vincent Orlando Voter [] U] 13 [] [] Accepted as Amended Christopher Talbot Seconder [] [] [] [] [] Tabled Albert Krupski Jr. Voter [] [] [3 13 Louisa P. Evans initiator [] [] 13 13 Scott Russell Voter [] [] [] [] V. Resolutions 2011-542 CA TEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated August 2,2011 Page 5 Southold Town Board Meeting Minutes August 2~ 2011. Vote Record - Resolution RES-2011-542 [] Adopted [] Adopted as Amended [] Del~ated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn vincent o~iando voter ~1 [] ; [] [] [] Supervisor's Appt Christopher Talbot Seconder I~ [] [3 [] [] Tax Receiver's Appt Albert ~PSk! J[' Voter 1~ [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] Fl [] Town Clerk's Appt Scott Russell Voter [] [] [] [] ~l Supt Hgwys Appt [] No Action 2011-543 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held at 4:30 PM on Tuesday~ August 16~ 2011 at the Southold Town Hall, Southold, New York Vote Record - Resolution RES-2011-543 ~1 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 [] [] [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 2011-544 CA TE GO R Y: DEPARTMENT: Close/Use Town Roads Town Clerk Waive the Parking by Permit Regulations on Mill Road, Peconic Fiscal Impact: There are no police expenses involved. RESOLVED the Town Board of the Town of Southold hereby waives the No Parking regulations on Mill Lane, Peconic, 100' on either side and across from Fasbender Avenue on Saturday, July 23,2011 from 3:00 PM to 10:00 PM. August 2, 2011 Page 6 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2011-544 [] Adopted [] Adopted as Pdnended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland initiator E] 13 [] [] [] Withdrawn Vincent Orlando Seconder [] [] 13 [] [] Supervisor's Appt christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt A!be~t Krupsk! Jr~ Voter gl [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-545 CATEGORY: DEPARTMENT: Budget Modification Police Dept Budget Modification- PD Vacation and Sick Earnings Fiscal Impact: Transfer funds due to the retirement of a police department member. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Whole Town budget as follows: From: A. 1990.4.100.200 To: A.3120.1.100.300 A.3120.1.100.400 Contingent, Police Retirement Reserve $233,541 Total $233,541 Police, P.S., Vacation Earnings Police, P.S., Sick Earnings Total $83,310 150,231 $233,541 Vote Record - Resolution RES-2011=545 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando hfitiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] Fl [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-546 CA TE GO R Y: DEPARTMENT: Budget Modification Police Dept Budget Modification - Transport Trailer for PD August 2, 2011 Page 7 Southold Town Board Meeting Minutes Fiscal Impact: To obtain a trailer for the storage and transport of the department's all-terrain vehicles. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Whole Town budget as follows: From: A.3130.1.300.100 To: A.3130.2.400.225 Bay Constable, P.S. Seasonal Employees, Regular Earnings $4,000 Total $4,000 Bay Constable, Equipment Other Equipment, Transport Trailer $4,000 Total. $4,000 Vote Record - Re~olution RES-2011.546 [] 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 Krupski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] Supt Hgwys Appt [] No Action 2011-547 CA TEGOR Y: DEPARTMENT: Budget Modification Accounting Budget Modification 2011 Accounting Dept. Fiscal Impact: Move appropriation from fidl-time to part-time - anticipated promotion of part-timer to full-time as of 7/1/11 not completed. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Whole Town budget as follows: From: A.1310.1.100.100 To~: A.1310.1.200.100 Accounting & Finance, P.S. Full Time Regular Earnings Total $7,000 $7,000 Accounting & Finance, P.S. Part Time Regular Earnings $7,000 August 2, 2011 Page 8 Southold Town Board Meeting Minutes Total $7,000 Vote Record - Resolution RES-2011-547 [] 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 Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [3 [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-548 CA TEGOR Y: DEPARTMENT: Close/Use Town Roads Town Clerk NFEC "Save What's Left" Bike Event RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to the North Fork Environmental Council to hold its "Bike What's Left" event~ on Saturday~ August 13~ 2010) beginning at 10:00 AM, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured.. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. There are no police expenses associated with this event. The route will begin in Mattituck and follow routes using Pike Street, Wickham Avenue, Grand Avenue, Mill Lane, Oregon Road, Depot Lane, Main Road, New Suffolk Avenue, Grathwohl Road, Bridge Lane, Route 48, Mill Road, Sound View Avenue, Lighthouse Road, and Albertson Lane Vote Record - Resolution RES-2011-548 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [3 Supervisor's Appt Christopher Talbot Initiator [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-549 CA TE GO R Y: DEPARTMENT: Property Usage Town Clerk Grant Permission to the Southoht Yacht Club to Park Overflow Vehicles in the Town's Parking Lot at Goose Creek Beach August 2,2011 Page 9 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Yacht Club to park overflow vehicles in the town's parking lot at Goose Creek Beach, on August 27, 2011for the Southold Yacht Club Regatta, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and provided the cars are displaying a special Southold Yacht Club Parking Permit and the yacht club contact Chief Martin Flatley of the Southold Police Department immediately for proper placement of the permits. vote Ree°rd - Re~olution RES-2011-549 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulm~d Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] O i [] [] [] [] 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 [] [] [3 [] [] Supt Hgwys Appt [] No Action 2011-550 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Recreation Hire Fall Recreation Program Instructors Resolved that the Town Board of the Town of Southold authorize and direct Supervisor Scott A. Russell to execute an agreement with the following individuals and businesses for the fall 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 Antoinette Beck-Witt (drawing class) ..................................... $30/hour Linda Berger (Watercolor) ......................................... $30/hour Sara Bloom (memoir writing) ................................................ $30/hour Thomas Boucher (guitar) ....................................................... $30/hour Constance Case (Quilting) ..................................................... $30/hour Eugenia Cherouski (folk dancing) ......................................... $3 O/hour Paula Croteau (cooking & baking) ............................... $30/hour Lenora Dome (belly dancing) ................................................ $30/hour Martha Eagle (Aerobics/Pilates/YogaJPower Stretching) ....... $30/hour Vivian Eyre (poetry) ................................................ $30/hour Bill Gatz (youth basketball) ........................................ $30/hour Dan Gebbia (dog obedience) .................................................. $70/dog Denise Gillies (Tat Chi) ............................................ $30/hour GymNation (Gymnastics) .......................................... $50/person Denise Magyar (Fearless Speaker) ............................... $30/hour August 2,2011 Page 10 Southold Town Board Meeting Minutes Rosemary Martilotta (yoga) ................................................... Judy McCleery (digital photography) ............................ Kate McDowell (tennis lessons) ................................... Rosemary McKinley (kitchen economist) ........................ Darren Mignone (Hula Hoop Fitness Program) ................. Sue Mulholland (bridge lessons) ............................................ Maribeth Mundell (singing program) ............................. Sonomi Obinata (Japanese cooking) .............................. Peconic Star Fleet (Block Island Trip) ............................ Tamara Pelosi (Empower Your Life) .............................. R & C Agency Management Corp. (defensive driving) ......... R & C Agency Management Corp. (CPR class) ................. Laurie Short (aerobics classes) ................................................. Steve Smith (weight training) ................................................... Gail Starkie (acrylic painting) .................................................. Jocelyn Suglia (youth basketball) .................................. Barbara Terranova (Hiking & Knitting programs) .............. The Little Red Riding School (Horse/Pony Camp) ............ The Little Red Riding School ('Lil Farmers Camp) ............ Kendra Wadlington (beginner computer) ............................... $55/class $30/hour $30/hour $30/hour $30/hour $30/hour $30/hour $30/hour $105/person $30/hour $30/person $55/person $30/hour $30/hour $30/hour $30/hour $30/hour $100/person $25/person $30/hour Vote Record - Resolution RES-2011-550 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando initiator ~ [] El [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albe~ Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-551 CA TEGOR Y: DEPARTMENT: Employment - FIFD Accounting Probationary Pay Increase dames G. Traub WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their July 21,2011 meeting that upon successfully completing his probationary period, full time deckhand James G. Traub shall be given a pay increase to $15.00 per hour effective July 17, 2011 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 August 2, 20t 1 Page 11 Southold Town Board Meeting Minutes Fishers Island Ferry District full time deckhand James G. Traub to $15.00 per hour effective July 17, 2011. Vote Record - Resolution RES-2011-551 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/NaY Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter I~ [] [3 [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Alber~ Krupski Jr. Initiator [] [] [] [] E1 Rescinded Louisa P. Evans Seconder [] [] 13 [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-552 CA TEGOR Y: DEPARTMENT: Budget Modification Supervisor Budget Modification - Summer Jam Donation Fiscal Impact: The SouthoM Youth Bureau continues to receive reduced fimdingfrom the New York State Office of Children and Family Services and seeks to continue funding programs that promote youth development. The Youth Bureau solicited Long Island Network of Community Services to underwrite expenses associated with its annual Summer Jam. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Whole Town budget as follows: A.2705.40 Gifts and Donations, Other Donations $1000.00 Appropriations: Increase: A.7310.4.600.100 Youth Program, C.E., Youth Program Activities $1000.00 Vote Record - Resolution RES-2011-552 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] F1 [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Seconder [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] U] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supl Hgwys Appt [] No Action 2011-553 August 2,2011 Page 12 Southold Town Board Meeting Minutes CATEGORY: DEPARTMENT: Employment - Town Accounting Appoint Senior Cook - Gary Ostroski RESOLVED that the Town Board of the Town of Southold hereby appoints Gary Ostroski to the position of a Senior Cook for the Human Resource Center, effective August 3,2011, at a rate of $47,890.16 per annum. VOte ReCOrd - Resolution RES-2011-S53 [] 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 [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder ~ [2 [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-554 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Land Preservation USDA-NRCS Amendmt #3 - Terry Farm Grant RESOLVED that the Town Board of the Town of Southoid hereby authorizes and directs the Town Supervisor to execute Amendment No. 3 to Cooperative Agreement No. 73- 2C31-9-042~ dated June 30, 2009~ between the United States of America Commodity Credit Corporation and the Town of Southold for the implementation of the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) 2009 Federal Farm and Ranch Lands Protection Program (FRPP) that includes the addition of Attachment C providing awarded grant funding in the amount of $1,327,000 (FY 2011 Funds) for the Terry Farm project, subject to the approval of the Town Attorney. Vote Record ~ Resolution RES-2011-554 [] 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 Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-555 CATEGORY: Budget Modification August 2,2011 Page 13 Southold Town Board Meeting Minutes DEPARTMENT: Police Dept Budget Modification- Police Department Fiscal Impact: Donation received by the Police Department to be put towards' the Office Equipment/Chairs budget line. 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 Gifts & Donations $50 To: Appropriations: A.3120.2.200.200 Office Equipment/Chairs $50 Vote Record e Resolution RES;2011~555 [] Adopted [] Adopted as Amended [] Defeated Yes/Axe N~Nay Abstain Absent [] Tabled William Rula~d Voier ~ [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Alberl Kmpsk Jr Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-556 CATEGOR~ DEPARTMEND Budget Modification Police Dept 2011 Budget Modification - Police Department Fiscal Impact: To appropriate money to cover payment for invoices on the Bay Constable gasoline budget line. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Whole Town budget as follows: From: A.3130.1.300.100 To: A.3130.4.100.200 Bay Constable Seasonal Employees, Regular Earnings $6,000 Total $6,000 Bay Constable, C.E. Supplies & Materials, Gasoline & Oil $6000 August 2, 2011 Southold Town Board Meeting Minutes Page 14 Total $6000 Vote Record ~ Resolution RES-2011-556 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopber Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert ~pski Jr. Initiator [] [] Rescinded Louisa P. Evans Voter [] 13 [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-557 CA TE GO R Y: DEPARTMENT: Property Usage Recreation Southold High School Use of Tennis Courts' RESOLVED that the Town Board of the Town of Southold hereby grants permission to Southold High School to use the tennis courts at Tasker and Jean Cochran Parks for high school tennis matches from September 7 through October 14, 2011. There will be a total of 14 tennis matches. Applicant must file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as additional insured before the first event. Vote Record - Resolution RES-2011-557 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled Willialn Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] SupexMsofs Appt Christopher TaibOt se$onder [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded [] Town Clerk's Appt Louisa P. Evans Initiator [] [] Fl [] [] Supt Hgwys Appt Scott Russell Voter [] [] [3 [] [] No Action Next: Aug 16, 2011 4:30 PM 2011-558 CA TEGOR Y: DEPARTMENT: Close/Use Town Roads Town Clerk Douglas Moore Memorial Concert 201 l RESOLVED that the Town Board of the Town of Southold hereby grants permission for the closure of Case's Lane ad[acent to the Village Green~ for the Douglas Moore Memorial Music Festival's Annual Concert on the Cutchogue Village Green~ on Saturday, August 13~ 2011~ from 5:00 PM to 10:00 PM 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 Chief August 2,2011 Page 15 Southold Town Board Meeting Minutes Flatley immediately to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. Town fees shall be waived for this event. Vote Record. ReSOlution RES-2011-558 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [3 Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Initiator [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] F1 [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-559 CATEGORY: DEPARTMENT: Budget Modification Accounting Budget Modification-Employee Health Plan Fiscal Impact: Provide funding for the administrative fee paid to lshlnd Group for the Early Retiree Reinsurance Program, a program whereby the Town receives federal aidJbr providing medical insurance to retirees too young to qualify for Medicare coverage. IGA 's.fee is 20% of the aid received, which is the same fee .for administration of the Medicare Part D federal aid program. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 Employee Health Benefit Plan budget as follows: From: MS.8686.4.000.100 To: MS.8686.4.000.200 Medicare D Administration $5,000 Total $5,000 ERRP Administration $5,000 Total $5,000 Vote Record - Resolution RES-2011-559 [] Adopted [] Adopted as Amended [] Del~ated 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 Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt l-lgwys Appt [] No Action August 2, 2011 Page 16 Southold Town Board Meeting Minutes 2011-560 CA TEGOR Y: Authorize to Bid DEPARTMENT: Solid Waste Management District Bid for Payloader Tires RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the purchase and installation of two (2) new tires and the removal~ re-capping~ and re-mounting of two (2) existing tires for a payloader for the Solid Waste District. 't' v0te RgC°rd- Resolution RES-2011-560 [] Adopted [] Adopted as ,Mnended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Chlistopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt ~lbea Krupski Jr. Seconder [] [] : [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter I~ [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 560 COUNCILMAN RULAND: Can we have discussion, Scott? SUPERVISOR RUSSELL: Sure. COUNCILMAN RULAND: Just for everybody's edification, I spent a fair amount of time with Jim Bunchuk about this situation with that payloader and just for everybody's knowledge, we are talking about a large sum of money here. A large sum of money. COUNCILMAN KRUPSKI: What is it, ballpark? COUNCILMAN RULAND: Oh, up to $10,000. COUNCILMAN ORLANDO: For two tires? COUNCILMAN RULAND: No, no. No, no. Well, originally it was, oh, we have got to get four new tires. Well, after tracking down some people and some evaluation, we found that two of the casings based on a professional appraisal, were recapable. A substantial savings. And the other thing that we ran into was that all of the tires were foam-filled and there is a special process to get the foam off the rim, if you want to re-use the very expensive rim. COUNCILMAN KRUPSKI: Yes. COUNCILMAN RULAND: So, when it is all said and done, I think that the vendor that Jim had finally tracked down and appeared more than willing to bid on this, is going to provide what August 2,2011 Page 17 Southold Town Board Meeting Minutes. we need at a substantial savings to the Town. JUSTICE EVANS: But still a big cost? COUNCILMAN RULAND: Yes, still a big cost but not nearly as big as it could have been. I don't want to belabor it but the other option is to put solid fires on which then you just wear them until they are worn out and the only trouble is if you ever had a forklift and you took a solid tire off concrete which they said once in a while we drive the payloader to the pit, well, if you do that in bad weather you are never coming back, so they have to have air tires, they just have to have air tires. COUNCILMAN KRUPSKI: What is the price difference between a solid and an air tire? I know you were going to ask that, Scott, I just jumped in. SUPERVISOR RUSSELL: I talked to Jim about that... COUNCILMAN RULAND: Off the top of my head, I can't... COUNCILMAN ORLANDO: I can't imagine it would be huge. COUNCILMAN RULAND: It wasn't a big difference but I can't tell you... SUPERVISOR RUSSELL: A big deal was the durability, however. I think the foam... COUNCILMAN RULAND: Well, the foam filling on the inside is to prevent punctures, so you can actually put nails through the casing and still go on but i guess you would call them semi- pneumatic you know, the foam has a tube to it but it seems to be, we will see when the bids come in but I think it seems to be the best option and certainly if you have another five year service from those casings that are recapable after, for the abuse that they take in especially the C & D, running over that construction debris, I think it is the very best we can do. Sorry Scott. SUPERVISOR RUSSELL: No, by all means. 2011-561 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute Contract #C006880 Between the Town of Southold and the NYS Department of State RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute Contract #C006880 between the Town of Southold and the NYS Department of State in connection with the Hashamomuck Pond Watershed Management Plan Implementation, subject to the approval of the Town Attorney. August 2, 2011 Page 18 Southold Town Board Meeting Minutes Vote Record - Resolution RIGS-2011-561 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruiand Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [3 [] [] Tax Receiver's Appt Albert Kmpski Jr. Initiator [] [] [] [2] [] Rescinded Louisa P. Evans Seconder [] [3 [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-562 CA TEGOR Y: DEPARTMENT: SWMD Budget Mods Budget Modification Solid Waste Management District Fiscal Impact: Fuel Costs higher than budgeted; higher software contract w/scale upgrade; site visit to troubleshoot grinder issue; cost to install new scalehouse windows (already purchased). Rebuilt transmission for Mechanic vehicle and repairs to trailer floor and top rails. Lower projected C&D disposal costs. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 Solid Waste Management District budget as follows: From: SR 8160.4.400.810 (C&D Removal) SR 9901.9.000.000 Transfer to Health Plan SR 9901.9.000.100 Transfer to Capital Fund Totals To: SR 8160.4.100.200 (Diesel Fuel) SR 8160.4.400.250 (Scale Software Support) SR 8160.4.400.665 (Contr. Repairs/CBI Grinder) SR 8160.4.100.800 (Maint/Facilities-Grounds) SR 8160.4.400.680 Trailer Fleet Repairs SR 8160.4.100.646 Maintenance Mech Truck Totals $10,000 6,750 1,600 $18,350 $10,000 1,000 2,000 2,000 1,600 1,750 $18,350 August 2, 2011 Page 19 Southold Town Board Meeting Minutes Vote Record - Re~olution RES-2011,562 [] Adopted [3 Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [3 [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krapski Jr. Voter [] [] [] 71 [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Votec [] [3 [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 562 COUNCILMAN KRUPSKI: There is just one thing, there is another, we just did a police modification for the Bay Constables for $6,000 for extra fuel and here is one for $10,000 for the dump for extra fuel. Just something we have to look at in the next years budget. It is not even close. 2011-563 CATEGOR~ DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute an Agreement Between the Suffolk County Office for the Aging and the Town of Southold RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Suffolk County Office for the Aging and the Town of Southold for the AAA Transportation Program, IFMS No. 0000000 No. 001-6806-4980-95285, for the period April 1,2011 through March 31, 2012 with one extension at the County's option, at no cost to the Town, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2011-563 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled Willimn RuIand Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supe~wisor's Appt C~d~pher Thlb0t Initiator [] [] [] [] [] Tax Receivers Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [3 [] [] Supt Hgwys Appt [] No Action 2011-564 CA TE GO R Y: DEPARTMENT: Advertise Human Resource Center Permission to Post/Advertise - FT Asst. Cook - HRC Fiscal Impact: August 2,2011 Page 20 Southold Town Board Meeting Minutes. Upgrading current Asst. Cook to Senior Cook will create a vacancy in the Senior Nutrition Program at the HRC. RESOLVED that the Town Board of the Town of Southold hereby grants permission to post and advertise for 2 weeks for the position of Full Time Assistant Cook for the Senior Nutrition Programs at the Human Resource Center at a salary of $ 30,391.53 per annum. Vote Record -Re~oiution RES-2011-564 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando S~0naer [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] F1 [] [] [] Supt Hgwys Appt [] No Action 2011-565 CATEGOR~ DEPARTMENT: Budget Modification Trustees CA C Budget Modification Fiscal Impact: Over,Expended Budget Line 20l 1 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Whole Town budget as follows: From: A.3610.4.500.300 Examining Boards, CAC $500.00 To: A.3610.4.600.300 Travel Reimbursement $500.00 Vote ReCOrd - Resolution RES-2011-565 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] El [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Seconder [] [] FI [] [] Rescinded Louisa P. Evans Voter [] [] F1 [] [] Town Clerk's Appt Scott Russell Voter [] [] FI [] [] Supt Hgwys Appt [] No Action 2011-566 CA TEGOR Y: Close/Use Town Roads August 2, 2011 Page 21 Southold Town Board Meeting Minutes DEPARTMENT: Town Clerk Waive the Parking by Permit Regulations on Mill Lane/Road, Peconic Fiscal Impact: There are no police expenses involved. RESOLVED the Town Board of the Town of Southold hereby waives the No Parking regulations on Mill Lane/Road, Peconic, on Saturday, September 10, 2011 from 2:00 PM to 11:00 PM for parking of wedding guests. Vote Rec°rd- ReSOlution RES;2011-566 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulm~d Voter [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] 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 2011-567 CATEGOR~ DEPARTMENT: Legislation Town Attorney Rescind Resolution 2011-540 RESOLVED that the Town Board of the Town of Southold hereby rescinds Resolution No. 2011-540 in its entiretw~ adopted at their regular meeting on July 19~ 2011~ and shall be replaced with Resolution No. 2011-568~ adopted by the Town Board on August 2~ 2011. Vote Record - Resolution RES,2011-567 13 Adopted [] Adopted as Amended [] Defeated Yes/A~e No/Nay Ab~in Absent [] Tabled william Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Seconder [] [] [] [] [] Tax Receiver's Appt A!b~ ~p~ki jrl Voter I~ [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-568 CATEGORY: DEPARTMENT: Enact Local Law Town Attorney Enact Local Law No. 9 August 2, 2011 Page 22 Southold Town Board Meeting Minutes WHEREAS, there was presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 21st day of June, 2011, a Local Law entitled "A Local Law to Amend the Zonin~ Mav of the Town of Southold by Changing the Zoning Designation of that portion of SCTM #1000-140-2-32 from R-40 to LI"; and 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 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; and WHEREAS, the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law on Tuesday, July 19, 2011 at which time all interested persons were given an opportunity to be heard; and WHEREAS, the Town Board has received and reviewed alt written comments, recommendations, and reports submitted in this matter; and WHEREAS, the Town Board declared itself Lead Agency on July 19, 2011 and conducted a coordinated SEQRA review on the proposed zone change, subdivision plan, and sanitary flow credit transfer; and on July 19, 2011 adopted a negative declaration pursuant to SEQRA. NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold hereby ENACTS the 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" which reads as follows: LOCAL LAW NO. 9 of 2011 Section 1. Purpose. 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. 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. The Town Board finds it appropriate to correct that error and to rezone the portion of SCTM August 2, 2011 Page 23 Southold Town Board Meeting Minutes. //1000-140-2-32 that was to have remained LI, back to LI. Therefore, rezoning of the portion of the subject site as LI will be consistent with the County Route 48 Land Use Study. Section 2. Code Amendment. Based upon our intention to correct the error, and upon our consideration of the recommendations of the Town Planning Board, the Suffolk County Planning Commission, the SEQRA report, and the public comments taken at the public hearing and otherwise, we hereby amend the Official Zoning Map of the Town of Southold as adopted by Section 100-21 (now known as Section 280-6) of the Town Code to change the portion of SCTM Itl 000-140-2-32 from R-40 to LI. The portion of the lot being rezoned is approximately .9 acres and is located between the Long Island Railroad property and Hill Street and immediately adjacent to SCTM //1000-140-2-30, as depicted in the attached map. The remaining portion of SCTM #1000-140- 2-32 (the .52 acre portion adjacent to Mary's Road) shall continue to be zoned R-40. Section 3. 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. Section 4. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. August 2, 2011 Page 24 Southold Town Board Meeting Minutes SCTM 1000-140.-2-32 Tax Parcel Map Prepared by Tower of Southold GI$ June 15, 201'1 Aerial PhotographsTaken From Spring 2007 Flight August 2, 2011 Page 25 Southold Town Board Meeting Minutes i~' ¥0te Record - Resolution RES-2011~568 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Absta n Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] E3 [] Supervisor's Appt Christopher Talbot Initiator [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] U [] ~ [] Rescinded Louisa P. Evans Voter [] [] V1 [] [] Town Clerk's Appt Scoit Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-569 CA TEGOR Y: DEP. dRTMENT: Employment - Town Accounting Hire PT Minibus Driver RESOLVED that the Town Board of the Town of Southold hereby appoints Edward J. Brust to the position of a Part-Time Mini Bus Driver for the Human Resource Center, effective August 3,2011 at a rate of $16.28 per hour, not to exceed 17.5 hours per week. ~' Vote Record - Resolution RES-2011-569 [] 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 [] [3 U [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [3 No Action 2011-570 CA TEGOR Y: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the Mattituck Presbyterian Church to Hold Its Annual Summer Fair and Close Old Sound Avenue, in Front of the Church, f/om 8:O0 Am to 2.'00 Pm on Saturday, August 6, 2011 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Mattituck Presbyterian Church to hold its Annual Summer Fair and close Old S~und Avenue~ in front of the church~ from 8:00 am to 2:00 pm on Saturday~ August 6~ 2011, 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 Chief 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. August 2, 20t 1 Page 26 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2011-570 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr, Seconder [] [] [] D [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-571 CA TEGOR Y: DEPARTMENT: Employment - FIFD Accounting Hire Pumpout Boat Operator Fishers Island RESOLVED that the Town Board of the Town of Southold hereby appoints Matthew R. Skinner to the seasonal position of Pumpout Boat Operator for the Trustees in waters around Fishers Island, effective June 12, 2011 through October 31,2011, at a rate of $16.00 per hour. Vote Record - Resolution RES-2011-571 [] Adopted [] Adopted as Atnended [] Defeated Yes/Aye : No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [3 [] [] Withdrawn Vincent Orlando Voter [] U] [] [] [] Supervisor's Appt Christ0phe~ Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] 13 [3 [] [] Supt Hgwys Appt [] No Action 2011-572 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the New Suffolk Waterfront Fund to Use the Following Town Roads for Its 5K Run~Walk and 1K Kids Race AM RESOLVED that the Town Board of the Town of Southold hereby grants permission to The New Suffolk Waterfront Fund to use the following town roads for its 5K Run/Walk and 1K Kids race in New Suffolk~ on August 13~ 2011 beginning at 8:15 a.m, 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 Chief Flatley to coordinate traffic control: New Suffolk Road, Main Street, Orchard Street, Ist Street, Jackson Street, and Grathwohl Avenue. Town fees shall be waived for this event. August 2, 2011 Page 27 Southold Town Board Meeting .Minutes Vote Record - Resolution RES-2011a572 [] 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 2011-573 CA TEGOR Y: DEPARTMENT: Public Service Town Clerk Historical Item Fees RESOLVED that the Town Board of the Town of Southold hereby changes the prices on the Historical Items/Misc. books that are for sale in the Town Clerk's office, as follows: I Love Southold Stickers Houses of Southold (hard) Houses of Southold (soft) Liber D Landmark Register Tree Book From To 1.09 1.25 9.79 10.00 4.35 5.00 10.88 11.00 6.53 7.00 8.65 9.00 Vote Record - Resolution RES-2011-573 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abst0i~ Absent [] Tabled wiiiia~ Ruiand Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Initiator [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] El Rescinded Louisa P. Evans Seconder [] [] D [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-574 CATEGOR~ DEPARTMENT: Contracts, Lease & Agreements Town Attorney MOA W/CSEA PERB U-30012 RESOLVED that the Town Board of the Town of Southold hereby approves the Memorandum of Agreement between the Town of Southold and the CSEA dated June 27~ 2011~ concerning the settlement of PERB Case No. U-30012. August 2,2011 Southold Town Board Meeting Minutes Page 28 Vote ReCOrd. Resoluti0n RES-2011-574 [~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] : [] [] D Withdrawn Vincent Orlando Seconder [] [] ~ [] [] Superviso~'s Appt Christopher Talbot Voter ~1 [] [] [] [] Tax Receiver's Appt Albert Krupski Jr, Voter [] [] [] [] [] Rescinded Louisa P, Evans Voter [] [] [3 [] [] Town Clerk's Appt Scot~ Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-575 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Attomey LL/Duck Pond Road End Areas WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 2nd day of August, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 189~ Parking~ in connection with Parkin~ in Cutcho~ue on Vista Place and Glen Court in the vicinity, of the Duck Pond Road End" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 30th day of August, 2011 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 189~ Parking~ in connection with Parking in Cutchogue on Vista Place and Glen Court in the vicinity of the Duck Pond Road End" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled "A Local Law in relation to Amendments to Chapter 189~ Parking~ in connection with Parking in Cutchogue on Vista Place and Glen Court in the vicinity of the Duck Pond Road End". BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose. Parking associated with the public's use of the Duck Pond Road end in the hamlet of Cutchogue has resulted in conditions that impact the public health, safety and welfare in the surrounding community. These conditions consist of undue congestion, restrictions on access as well as dangerous traffic impacts. Accordingly, it is necessary to impose a range of parking limitations in this area to protect residents of the Town and restrict the August 2, 2011 Page 29 Southold Town Board Meeting Minutes public's ability to block the ordinary flow of traffic and the orderly use of Town facilities by Town residents that include amendments to Chapter 189. II. Chapter 189 of the Code of the Town of Southold is hereby amended as follows: §189-2. Designation of parking area requiring permits. The following road end areas are hereby designated as Town of Southold "Parking by Southold Town Permit Only" areas: (58) Glen Court, Cutchogue, along both sides. (59) Vista Place, Cutchogue, along both sides. Ill. SEVER. ABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2011-575 [] Adopted [] Adopted as Amended [] Defeated Yes/AYe N0/Ngy Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter 171 [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] 13 [] [] Supt Hgwys Appt D No Action 2011-576 cA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Accepts the Proposal of the New York Natural Heritage Program for Preparation and PVork in Connection with the Bay to Sound Integrated Trails Project RESOLVED that the Town Board of the Town of Southold hereby accepts the Proposal of the New York Natural Heritage Program for preparation and work in connection with the Bay to Sound Integrated Trails Pro[eot, approved by the Town Board on April 7, 2009 by Resolution No. 2009-297, subject to the Town's receipt of funding from Suffolk County for said Project, subject to the approval of the Town Attorney. August 2,2011 Page 30 Southold Town Board Meeting Minutes Vote Record - ResolUtiOn RES-2011-576 [] 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 [] 13 [] [] [] Tax Receiver's Appt ~ibe~ ~pski Jr. Initiator [] [] [] [] R~cinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-577 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an lntermunicipal Agreement Between the Town of Southold and the Village of Greenport for Work Performed in Connection with the Bay to Sound Integrated Trails Project by the New York Natural Heritage Program and Others RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Intermunicipal Agreement between the Town of Southold and the Village of Greenport for work performed in connection with the Bay to Sound Integrated Trails Project by the New York Natural Heritage Program and others, approved by the Town Board on April 7, 2009 by Resolution No. 2009-297, subject to the Town's receipt of funding from Suffolk County for said Project, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2011-577 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William RUland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter ~I [] [] [] [] Supervisor's Appt Christopher Talbot Seconder [] [] [] [3 [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans hfitiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [3 No Action 2011-578 CATEGORY: DEPARTMENT: Advertise Town Clerk Accept CAC Resignation and Advertise to Fill Vacancies on Council RESOLVED the Town Board of the Town of Southold hereby accepts the resignation of Meaghan Burke as a member of the Southold Town Conservation Advisory Council effective August 11,2011, and be it FURTHER RESOLVED the Town Board hereby directs the Town Clerk to advertise for August 2,2011 Page 31 Southold Town Board Meeting Minutes resumes for two weeks to fill vacancies on the Council. Vote Record - Resolution ~S-20il-578 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn vinceni 0rl~d~ Voter [] [] [] [] [] Supervisor's Appt C~s~gpber Talb0[ !m~i~t0r [] [] [] [] [] Tax Receiver's Appt A!bert Krupsk! Jr. yp~er [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scoti Russell Voter [] [] F1 [] [] Supt Hgwys Appt [] No Action 2011-579 CATEGORY: DEPARTMENT: Property Usage Town Attorney Grants Permission to Spitaliere Construction Corp. and Its Subcontractors to Park Up to Five (5) Construction Vehicles in the Goldsmith Inlet Parla'ng Lot on Weekdays Between the Hours of 7:00 A.M. and 7.'00 P.M. Until September 15, 2011 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Spitaliere Construction Corp. and its subcontractors to park up to five (5) construction vehicles in the Goldsmith Inlet parking lot on weekdays between the hours of 7:00 a.m. and 7:00 p.m. until September 15~ 2011. Written notice of the authorization granted by this resolution must be displayed by placard in each parked vehicle. Vote Record - Resolution RES-2011-579 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Chfi§t0pher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albea Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Closing Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: Before we get into the public comment component, I just want to read a letter I received from Susan Haig, she is secretary to the New York State Town Clerk's Association. "Dear Supervisor Russell, I am pleased to advise you that Southold Town Clerk Elizabeth Neville has been voted in by her peers as a district director for the New York State Town Clerk's Association. This is a distinct and admirable honor bestowed on only a few clerk's of the 932 towns throughout New York State. In her leadership position, Betty will mentor clerk's and be a liaison between the Counties of Suffolk and Nassau and the State of New August 2, 2011 Page 32 Southold Town Board Meeting Minutes York Association. District One, which she will represent, spans one of the greatest distances in the State. Please join me in congratulating Betty for reaching a milestone in her career." Congratulations, Betty. I would now offer up an opportunity for anyone that wants to comment on any issue. John Lademann, Cutchogue JOHN LADEMANN: John Lademann, Cutchogue. My wife has a home on Alvah's Lane. We would like to get an update on, we haven't heard anything in two weeks on what is going on. We have had quite a few traffic problems up there, one was Friday afternoon when there was an accident in Cutchogue village. Traffic was diverted to Alvah's Lane and there was a tractor trailer backing in, behind it there was another tractor trailer flatbed which was taken off the Main Road and there was like 50 cars backed up to the bottom of the hill. And they couldn't get through and then when they did get through, then they were backed up trying to get out into the dual highway. I mean, this tractor trailer, it takes like 7 minutes, 8 minutes for them to get that think backed in and it is not right. We would like an update what is going on with the town. I mean, there was an accident up on the dual highway and the police car had to wait for a truck to back in two weeks ago, the day of the Jamesport parade. SUPERVISOR RUSSELL: We are in the process of establishing no parking and no loading zones for that property, in fact, we referred it to the Transportation Commission. My understanding is they endorsed that, that would be one of the conditions of a site plan if it was ever acted on. We are also discussing out legal options now with their counsel as to get them to comply with the requirements of the site plan. MR. LADEMANN: Why couldn't they run the tractor trailers in and turn it around on their property? Why do they have to use town roads? SUPERVISOR RUSSELL: You are exactly right. That is all part of what the site plan, if applied, would do. Also included in that is providing electric for the trucks that need to idle, rather than idling the motors and most importantly, for the time being, is to get them off Alvahs Lane. Get the business back on the property where it belongs. We are working on that now and we are going to be posting that shortly with no loading, no parking. MR. LADEMANN: Also in the town code, it says farming creates clean air but up on Alvahs Lane it is not clean air, it is dust and fumes and they have got a big generator going, a cooler in there and the fumes are terrible. We don't think any action is being done. It doesn't look like it. COUNCILMAN TALBOT: It was, like the Supervisor says, it did go in front of the Transportation Commission last Monday and they agree that there is a safety concern on Alvahs Lane and they sent it over that they would support putting the no parking south of the MTA there to approximately to the hill as it dips down on the south end and it is going to be noticed at the meeting next week for a public hearing. SUPERVISOR RUSSELL: Two weeks ago at a work session we instructed the Town Attorney to draft code changes that we will need to adopt to either force compliance with the site plan or finishing site plans that have already been approved, such as a vacant building in Mattituck August 2, 2011 Page 33 Southold Town Board Meeting Minutes which is becoming an eyesore. We have instructed counsel to get whatever code language which is necessary to pass so that we can make people comply with the very site plan they have applied for all along. MR. LADEMANN: What about the parking lot, the dirt and the dust problems. Wetting it down doesn't, they track the dirt out into the road and the cars go by and dry it and it is nothing but dust storms. Why don't they have to put blacktop in there? SUPERVISOR RUSSELL: I would suggest not blacktop but even gravel, something like a pervious surface. Those are issues that I believe the Planning Board had the jurisdiction and I don't, I don't know what their site plan required, that was adopted by the Planning Board but certainly gravel seems to make reasonable, fair sense. And those are the issues again, we are going to get counsel to give us whatever code changes are necessary to force our hand here, there is no doubt about it. Pat McNamera, Alvah's La, Cutchogue PAT MCNAMARA: Pat McNamara, Alvahs Lane Cutchogue. I have a question about this matter of Muller vs. Zoning Board of Appeals Town of Southold. The appellate division where the town had won on the greenhouses. This is about the greenhouses that were put on the PDR property. I just wanted to say that nothing has ever been done since 2004. Now they are encroaching on the PDR land with garbage bins, pallets, other trucks, fertilizers, port-a-potties and propane tanks. I wonder if we are ever going to get a ruling, I mean it says in the paper that the greenhouse ruling favors the town. Are they ever going to rule on it? Are they ever going to do a site plan on these greenhouses that are on the PDR property? SUPERVISOR RUSSELL: The site plan has already been applied for and approved by the Planning Board. What we are not getting is the applicants cooperation in getting the site plan done. That is why we have instructed counsel to look at the town code and figure out how we can make people comply with the very site plan they have applied for all along. It is no different than the vacant building in Mattituck that would serve as host to a new bank, it is not owned by the bank, it is owned by a private individual who seems unwilling to finish it. Those are the issues that I think the Town Board talked about, those are issues we can't tolerate anymore. With regard to that, I think that ruling basically upheld the Zoning Board of Appeals right to impose restrictions. It didn't stop a greenhouse from going in, it merely upheld the ZBA's right to put restrictions and conditions on those greenhouses. MS. MCNAMARA: Okay. Another thing, getting back to the signs that are going to be going up, what about the high, the forklifts that keep going up and down the road, will that apply to them too, or to the .... TOWN ATTORNEY FINNEGAN: Well, the Town Board had discussed putting no stopping, standing there of any type of vehicles, so specifically I think the first discussion was to deal with the trucks that are waiting in the road until they can access the property. The, I think the site plan conditions are also at issue, we are also trying to seek compliance from the owners as to those conditions and we have already put them on notice that if they don't comply with those conditions that the town is going to take action to enforce them in the near term. They are August 2, 2011 Page 34 Southold Town Board Meeting Minutes getting back to us now on how they are going to go about complying. Hopefully as this law is being adopted over the next month we will see some changes there. SUPERVISOR RUSSELL: Just so you know, we met with their counsel a week ago and made it clear to her that the town is willing to pursue any and all legal options necessary to force compliance with the site plan that has been approved. We made it clear to their counsel just a week ago. MS. MCNAMARA: Oh, great. We had gotten a letter from their counsel stating that we are not supposed to be talking to government agencies. Here I am, talking to government agencies. COUNCILMAN KRUPSKI: I hope you don't get in trouble. MS. MCNAMARA: Thank you very much. Benja Schwartz SUPERVISOR RUSSELL: issue? Sure. Would anybody else like to address the Town Board on any BENJAMIN SCHWARTZ: Benjamin Schwartz, Cutchogue. I have a couple of issues but I just would like to clarify the answer to the last question. Attorney Finnegan gave an answer but I didn't understand it as it applies to the forklifts or the high loads. The question was will the regulations, no parking regulations, apply to the forklifts? TOWN ATTORNEY FINNEGAN: Well, they are not parking forklifts on the road, they are traversing the road, so no, the no parking regulation won't apply that is just going around. The question was they are expanding the operation that is supposed to be confined to the site out into the road and there are conditions that are in the site plan approval that require them to confine the operation to the site and while we can't control that by a parking law, the other amendments to the site plan regs that we are, the Supervisor referred to are going to address that compliance in keeping the operation confined to the site rather than what is essentially expanding it out to the town road. COUNCILMAN TALBOT: They don't want to pave our property, so they are using our paving. The high load would probably fall under the vehicle and traffic law with the police department, being unregistered vehicles on the roadway. COUNCILMAN KRUPSKI: But if they are not parking the trucks on the road anymore, there is no reason .... SUPERVISOR RUSSELL: The incidental traverse of the high load, you have every marina out here doing that. I don't think, we are trying to impose a strict site plan and we are going to pursue any legal means necessary. At the same time, it is my understanding that the applicant is actually looking to relocate the operation to Riverhead. I don't know if they found a lease yet but we are going to impose whatever legal restrictions we can to enforce that site plan, even if it means creating new law and creating new code. August 2, 2011 Southold Town Board Meeting Minutes Page 35 MR. SCHWARTZ: Meanwhile, there is no incidental traverse of forklifts in this instance. SUPERVISOR RUSSELL: That is right. But if we go to no parking and no standing then they won't be loading and unloading the vehicles on the Alvahs Lane. The intent is to get it onto the site. COUNCILMAN TALBOT: What they are doing is they are coming from the north side of their property because they can't get around their house or don't want to go around their house, so they are using Alvahs Lane to get to the south side of their property where they have their barn and the salad is being washed and rinsed and repackaged. That is what they are doing. That is why they are using the roadway. Because they don't want to drive around their own house. SUPERVISOR RUSSELL: An adoption of the conditions in the site plan would eliminate that and that is what we are trying to force. MR. SCHWARTZ: Well, I don't know what is going on on their property and what kind of regulations you want to put on regulations on their property but I see what is happening on the town road and those forklifts are practically wearing ruts in the town road and they are .... SUPERVISOR RUSSELL: They are fundamentally using Alvahs Lane as a loading and unloading zone. MR. SCHWARTZ: And they are creating hazardous conditions that are ongoing everyday. SUPERVISOR RUSSELL: That is right. That is what we are addressing with the parking issues and with enforcing the site plan. MR. SCHWARTZ: Well, you are talking about addressing it with long term... SUPERVISOR RUSSELL: The signs will be up soon and it is not going to be long term, we plan on acting quickly. MR. SCHWARTZ: The signs aren't going to affect the forklifts operations. SUPERVISOR RUSSELL: The problem is the forklifts are also loading and unloading tractor trailers on Alvahs Lane. That we cannot tolerate. They are, part of the operation is literally operating in the public right of way. Those are the issues we are trying to stop. Signage is just but one of many options we are pursuing. MR. SCHWARTZ: I think you need to take another look at the situation. Is there anything from this morning's work session, unfortunately I was unable to be here, is there anything that you think the public might be interested in that you could tell us? There is no other way to find out about it other than to come here and ask you. August 2, 2011 Page 36 Southold Town Board Meeting Minutes COUNCILMAN TALBOT: We had a conversation about expansion of the dog park on Peconic Lane. There was a request, there were quite a few signatures from the public requesting a two to three acre dog park in town. I never had a thought of ever bringing my dog to a dog park, so it, I had to think about it a couple of times but we, John Sepenoski looked at it and we could expand the existing park that we have by twice the size, a little more than twice the size that is there and we are looking at getting some prices to part of the area in and also put some trees and possibly benches there to try to make it, address that concern or desire that they had to have a dog park. That was one thing that was discussed today. MR. SCHWARTZ: Okay. Anybody else have anything? No. Inaudible, to the budget for 2002 Southold Town budget for 2002 .... SUPERVISOR RUSSELL: 2002? MR. SCHWARTZ: No, 2011. Thank you. Just wanted to see if you were awake. There was an item that, I think the Supervisor proposed raises for you all and for some other officials. I forget how much that was approximately .... SUPERVISOR RUSSELL: Four percent per elected official, that was consistent with the CSEA contract. We withdrew that from the budget, so the public officials received no raise in 2011. In fact, I haven't received a raise in the six years I have been serving as Supervisor. MR. SCHWARTZ: I compliment you on your recognition of these difficult economic times to not to take raises but the burden on the tax payer was not reduced. The money, which I believe was something like $400,000 .... SUPERVISOR RUSSELL: No, it was probably closer to about $17,000. It was insignificant .... MR. SCHWARTZ: I knew you were going to correct me but... SUPERVISOR RUSSELL: It was insignificant but you know .... MR. SCHWARTZ: It was at least $30,000 maybe $40,000. SUPERVISOR RUSSELL: For elected officials? Four percent of the .... MR. SCHWARTZ: I believe the total for all of the elected official raises was somewhere in the neighborhood of $30,000 to $40,000. Now we .... SUPERVISOR RUSSELL: It could have been. But I don't think the issue was just about money, the issue was about what type of message are you sending people in a very, very difficult economy. The public spoke, we heard them and we withdrew the raises. It wasn't really about just the savings, it was about taking a raise at time when people are struggling to keep work, find work, you know, it was, the timing was poor and I admit that. and I took my medicine and withdrew the raises. August 2, 2011 Page 37 Southold Town Board Meeting Minutes MR. SCHWARTZ: Raises were withdrawn, where is the money? SUPERVISOR RUSSELL: The money was never allocated. That was the... MR. SCHWARTZ: The money was included in the tax levy. SUPERVISOR RUSSELL: No, it was not. It was withdrawn when the final budget was adopted. That was, when I proposed a budget and the Town Board, they more or less vote on the budget, advance it to the public .... MR. SCHWARTZ: The meetings that I attended, I recall that you said that the money would be transferred to another budget line. I was at a meeting, I believe the work session was held at Peconic Landing in Greenport and we were in the Brecknock Hall meeting room and it was very clear that that money was not going to be taken out of the budget but that the money was going to be used for an alternative purpose. Is that not true? Because ..... SUPERVISOR RUSSELL: I am trying to recall the meeting, it might have been used to offset other goals of the town but it is all the same money coming from the same group of taxpayers. MR. SCHWARTZ: Well, yeah and it is the general fund. But that money increased the tax levy for 2011. It was in the budget and it was there to provide raises that were withdrawn, nobody here can remember what the money was, what you said you were going to do with the money?. SUPERVISOR RUSSELL: I will have to recall the meeting. I have a $40 million budget to deal with everyday. The narrow specifics ofa Peconic Landing meeting, I am sorry Benja but .... MR. SCHWARTZ: $30,000 or $40,000 is you know ..... COUNCILMAN ORLANDO: Benja, I recall the conversation, I believe, don't quote me or anything but I know at least $10,000 of those raises we put towards building and grounds. I think we put it towards the truck in the building department, I forget a few other places but we did disperse it. SUPERVISOR RUSSELL: It's .... MR. SCHWARTZ: I have a very clear memory of that. Can I ask a related question? SUPERVISOR RUSSELL: Then you are not really expressing it well. MR. SCHWARTZ: Where, well, because I was hoping that somebody else would remember what was... COUNCILMAN ORLANDO: I can't remember all the places it went... August 2, 2011 Page 38 Southold Town Board Meeting Minutes MR. SCHWARTZ: What was decided. It was decided that money would be used to do something about the garbage cans that are at the end of the road that are kind of shabby. SUPERVISOR RUSSELL: That was the restoration for the overtime needed to pay for the cans... COUNCILMAN ORLANDO: Oh, and for the lids, too. For the lids then as well. MR. SCHWARTZ: For the lids. Now was any of that ever applied? Was any of that ever implemented? SUPERVISOR RUSSELL: Yes. Some was, we have some more to do. We have actually used some of that money to create recycle bins, built in house for the various parks that we have. That is an ongoing project. We have larger issues. COUNCILMAN ORLANDO: All the cans on town beaches have those new lids. MR. SCHWARTZ: We have a lot of larger issues. Where is the garbage can that was on Pequash Avenue last week? It is not there now, today I was down there. It is gone. COUNCILMAN TALBOT: And you don't see what happened to it? MR. SCHWARTZ: No. COUNCILMAN TALBOT: You see everything else down there, how the heck did you not see that? MR. SCHWARTZ: You don't know anything about that? SUPERVISOR RUSSELL: No. COUNCILMAN ORLANDO: But Benja, you didn't see the lids on top of the garbage cans at town beaches? MR. SCHWARTZ: We have got the same old beat up garbage can that we have had for 10 years and I love it, so fine. But I just wondered what happened to that money because I think we, the taxpayers, put the money into the general fund and it was supposedly allocated to be used .... COUNCILMAN ORLANDO: And the purpose of the lids at the beaches was to keep the raccoons and seagulls from picking out of the garbage pails and making further work for the town at the beaches and they are working. MR. SCHWARTZ: Okay. Well, we have larger issues. For example, the pollution in the creeks and stormwater runoff and you all voted, I think it was this year, a law on scooping up dog poop. The problem is, you have this law and people are supposed to scoop it up, now where are they August 2, 2011 Page 39 Southold Town Board Meeting Minutes supposed to put it? Well, they have been putting it in the cans at the ends of the roads, I am sure the people that pick up these cans don't appreciate that when it is mixed in with the garbage and bags break open or explode. Greenport has found somehow a way to provide bins for the dog poop in their park, Mitchell Park. Is it possible that we could try at least on one of the road ends and see how it works out something? I am not suggesting that Southold Town go and buy bags for everybody that has a dog but if you put up a little station there and say you know, these bags are available and if you forget yours, please don't abuse it, whatever. I mean... SUPERVISOR RUSSELL: I am just curious, if it is unpleasant for someone to pick up the garbage with the dog poop mixed in, wouldn't it be more unpleasant to pick up a garbage can with just dog poop in it? It makes no sense. It makes no sense. I can't imagine that would be a task anyone would want to do. MR. SCHWARTZ: When you separate items like that, it is easier to deal with that. in fact, there are some dog parks where they deposit the dog poop into special underground digesters, produce methane gas and use it as a form of alternative energy. I don't expect Southold to do that but Greenport has figured out a way to provide a solution for people. Just passing the law has not stopped people from leaving dog poop all over the roads... SUPERVISOR RUSSELL: Yes, you are right. The enforcement is a critical component, we actually have been working with one community group that has called us and asked if we can accept video tape of neighbors not honoring this pooper scoop law and we conveyed to them that as long as you are willing to testify in court to the authenticity of that tape, we will. So the idea of partnering with communities to get enforcement is a critical component to any new law, not just the pooper scooper law. MR. SCHWARTZ: Well, I am more interested in encouraging compliance, rather than enforcing .... SUPERVISOR RUSSELL: That is what our first goal always is. MR. SCHWARTZ: So that is why you know, the local property owners on Fleets Neck have purchased signs that ask people to curb their dogs and at the bottom of the sign it says, it is the law. Has Southold Town purchased any signs? COUNCILMAN KRUPSKI: Those signs look good. I have seen those. They are effective. They are not offensive but they are just big enough to notice. Somebody did a good job on those. MR. SCHWARTZ: Has Southold Town purchased any signs? SUPERVISOR RUSSELL: I think we had in the past. Unfortunately, our signs don't have a long service life. They tend to get taken but we do get requests all the time and I convey those to the department of public works. August 2, 2011 Page 40 Southold Town Board Meeting Minutes MR. SCHWARTZ: Because I remember during the public hearing on that law, I made a suggestion or asked a question and I remember you committing to do some PR to promote that awareness and compliance with that law. COUNCILMAN KRUPSKI: Weren't signs put up .... MR. SCHWARTZ: I don't see that anything has been done. SUPERVISOR RUSSELL: I don't know that the signage has been done. MR. SCHWARTZ: A couple of weeks ago I was speaking to you about another type of animal that we have in town, the ticks. Have you thought about that, have you done anything about the tick sicknesses? SUPERVISOR RUSSELL: We think about it every day and we get complaints every day. we try to focus as best we can on wildlife management, deer eradication, etc. It is a huge problem that requires agencies with far deeper pockets than a small town government but we, regular conversations with the New York State Department of Health, Suffolk County, they are all aware of it. MR. SCHWARTZ: Are you familiar with the tick sickness ofbabesiosis? SUPERVISOR RUSSELL: Yes. MR. SCHWARTZ: Well, a lot of people aren't familiar with it and I think it would be a benefit, prevention of these tick sicknesses is way preferable to treatment of them. Treatment can be futile. Some of these tick sicknesses can be fatal. Most of the time they are not but they can sure ruin their lives. Well, I did something. I built a website, if you would like to read it, visit it, go to savecutchogue.com and on the home page there, there is a link of sick of ticks.weble.com. I believe if you read that, you will find that there are many things which a town can do which are not costly and can be very effective and there are many things that this town is doing which are not only not helping but are actually aggravating the problem. Ms. Neville, I am still waiting for any kind of response, other than the acknowledgement that you received the requests in May, it was actually May 31, still June and July, two months... TOWN CLERK NEVILLE: I think that was given immediately back to you by the Board. MR. SCHWARTZ: No, I am talking about the Freedom of Information request for the records from the highway department and the tree committee. I never received anything on that. it has been two months. TOWN CLERK NEVILLE: Both departments told me they had responded to you, Benjamin. MR. SCHWARTZ: And I told you that they hadn't. TOWN CLERK NEVILLE: And I called them again and they said that they had. August 2, 2011 Page 41 Southold Town Board Meeting Minutes MR. SCHWARTZ: Well, what are we going to do about that? SUPERVISOR RUSSELL: I think the Town Clerk did everything she can, you can take it up with the department heads of each of those departments. MR. SCHWARTZ: I believe that the Town Clerk is the Freedom of Information officer. SUPERVISOR RUSSELL: That is fight. MR. SCHWARTZ: So you want me to go directly to those departments? SUPERVISOR RUSSELL: One of them at least is run by an elected official who should be responsive. But it would seem that if they are telling her they have complied, what is she to do? MR. SCHWARTZ: Get acopyoftheirresponse and provide it tome. SUPERVISOR RUSSELL: I think she has done all she can. MR. SCHWARTZ: Because the request is required to be made to the Town Clerk. Now you want me to go directly to the departments? That doesn't make any sense. SUPERVISOR RUSSELL: Did they remove the tree? MR. SCHWARTZ: No, they haven't removed the tree. But I haven't heard anything why they were going to or if they are not going to, if they have made a decision never to remove or whatever. That tree is a keystone species. It is not just a healthy tree, it is one of the bulwarks of our natural environment on Fleets Neck. Also, very significant for the cultural environment. COUNCILMAN TALBOT: What tree are you talking about? The one south of your property, across the street? MR. SCHWARTZ: Yes. COUNCILMAN TALBOT: You knew why they were going to remove it or why it was even being considered. Because the property owner asked them to remove it so he could park his car out there. You told me that information. MR. SCHWARTZ: That is why, he asked them to but why would the town agree to cut down a healthy tree? Just because somebody asks them to? COUNCILMAN TALBOT: I don't know if they agreed to do it. They haven't done it, right? MR. SCHWARTZ: No, they agreed to and they came there and they spent three hours with three trucks and bulldozers and sat there looking at it and then they decided that it was too close August 2,2011 Page 42 Southold Town Board Meeting Minutes. to the wires, so they would ask LIPA to cut it down. You know, I was watching the poor tree. COUNCILMAN TALBOT: I would agree with you, I don't think that tree should be taken down. It is a nice, healthy tree. MR. SCHWARTZ: Well, can I get some kind of response? Can you check on that? TOWN CLERK NEVILLE: I will. I will. MR. SCHWARTZ: As the Freedom of Information officer. TOWN CLERK NEVILLE: I will ask him to respond to me in writing, regardless of whatever, they say they responded to you... MR. SCHWARTZ: Thank you. Would you like another copy of this to remind you? TOWN CLERK NEVILLE: I have it, Benja. It is part of the record, it gets destroyed after three months. MR. SCHWARTZ: Thank you. It has been two months. John Lademann MR. LADEMANN: Yes, I would like to ask one more thing. Scott, you are saying that it is legal to run those high lows on the road as long as they are not loading? SUPERVISOR RUSSELL: No, what I am suggesting is, get rid of the trucks and you will reduce the high lows. The idea is to get them to get the entire operation on site, not on a public road. MR. LADEMANN: I agree with that but they are taking the high lows from on their property .... SUPERVISOR RUSSELL: I know, I go .... MR. LADEMANN: ...going down and then going in on their property to the other building and they are using that and first of all, I understand that the operators of these high lows have to past an OSHA test, a 10 hour test, and .... SUPERVISOR RUSSELL: I agree with all of that. if they comply with the site plan, it will be mitigated because the new building in the back will locate the operation to the back. We are, again, discussing the legal issues now on how to make that happen. That is what we are trying to get done. MR. LADEMANN: Well, they are on the road now. Why shouldn't they be violated? Can you rrm a go-cart on the road? No. Why should they be able to ride? SUPERVISOR RUSSELL: We have included the new police chief with discussion on trying to August 2, 20t 1 Page 43 Southold Town Board Meeting Minutes bring some resolution to that. MR. LADEMANN: Okay, thank you. Supervisor Russell SUPERVISOR RUSSELL: Would anybody else? Councilman Orlando COUNCILMAN ORLANDO: Before we adjourn, I would just like to thank the VanBourgondien family for donating the beautiful flowers that have been planted in front of Town Hall and the Police Department. Thank you for that. Councilman Talbot COUNCILMAN TALBOT: Back up one second, we had adopted the noise ordinance, going to take 30 days for it to go into effect but until that time it is going to be August 19th? Or, before it goes into effect. But the police station has been inundated with phone calls and one of the things that they wanted to clarify is that we are not taking anonymous complaints of noise because they have to take the meter reading from the complainants property. Supervisor Russell SUPERVISOR RUSSELL: Correct. Right. COUNCILMAN TALBOT: So any noise complaint has to be along with a name. Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:26 P.M. Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Albert Kmpski Jr., Councilman AYES: Ruland, Orlando, Talbot, Kmpski Jr., Evans, Russell