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HomeMy WebLinkAboutTB-08/30/2011ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork.net MINUTES August 30, 2011 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, August 30, 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 30, 2011 at Meeting Hall, 53095 Route 25, Southold, NY. I. Reports 1. Building Department II. Public Notices III. Communications IV. Discussion 1. 9:00 Am - Peter Harris, Hwy. Supt. 2. 10:00 Am - Peter Harris, Jamie Richter 3. LL/Duck Pond Road End Areas 4. LL/Parking Restrictions and Traffic & Pedestrian Safety 5. 11:30 Am - Executive Session - Chief Flatley 6. Executive Session - Litigation V. Resolutions Opening Statements SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance to the Flag. Thank you. Before we get started with the formal meeting, I just want to discuss quickly a couple of issues. Of course, we just went through a horrific storm, known as hurricane Irene, I am receiving phone calls day and night at my office. I still welcome everybody who is without power to call me. We forward all phone calls with the locations of those calls to LIPA officials. I am in regular contact with LIPA officials on a regular basis. I have reached out to Governor August 30, 2011 Page 2 Southold Town Board Meeting Minutes Cuomo and Senator LaValle. Both men have assured us that they are bringing all pressure they can to bear on LIPA authority in speeding up the restoration of electric throughout the community. I do know that areas are regularly coming back on line, in fact, just before I got to the meeting tonight I saw that the hamlet of Southold is back on line. Many areas of the community are still without power, we are aware of that. I want the community to know that we are doing everything we can to get a more expeditious response from LIPA and its subcontractors. Again, I would urge anybody who still does not have power to still feel free to call my office at Town Hall, all of those complaints do get registered, emailed and phoned into LIPA. I also want to mention that we are going to have a cleanup of the storm debris, the Town Board and the Highway Superintendent discussed the issue today. We will be cleaning up all of the storm related debris, we are asking everybody to please locate it as you would any spring brush cleanup, that would be in the right of way in front of your property, not in the street but along that right of way and the highway department starting September 6th, will start the cleanup. There is a small delay, the reason September 6 was the date picked is we do want to give seasonal residents an opportunity to participate in the cleanup, so we do want to give them an opportunity to come out and do what they have to do to get their materials out to the front, in the interest of fairness to those people. It will start September 6, it will go as quickly as Pete can get it done. It is a substantial cleanup in this community, so it will not be done in a matter of days but it will take a matter of weeks. COUNCILMAN KRUPSKI: He wanted to stress that it wouldn't happen at everyone's house on September 6. SUPERVISOR RUSSELL: Yes, that is right. COUNCILMAN TALBOT: They can take their stuff free at the landfill. SUPERVISOR RUSSELL: That is right, thank you, Chris. Also we have waived all fees for brush and storm related debris at the landfill. Your brush and leaves, please feel free to bring it down there, there is no charge for using the facility. With that being said, I am going to ask anybody that would have any comment on the agenda that is printed to please feel free to come up now. I know we have some public heatings, we will take comment on those heatings when we notice those in the middle of the meeting. In the meantime, is there anybody that would like to address any issue on the agenda? (N0 respopse): 2011-606 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated August 30~ 2011. August 30, 2011 Page 3 Southold Town Board Meeting Minutes ['~' Yore Record ~ Res0!uflon RES-20H~6 [] Adopted [] Adopted as Amended [] Defeated ~Aye No/Nay Absta n Absent [] Tabled William RUland Seconder [] [] [] [] [] Withdrawn Vincent orlando voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Initiator [] [] [] [] [] Tax Receiver's Appt [] Rescinded A !bcul Krupski Jr. Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-607 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~ September 13~ 2011 at the Southold Town Hall, Southold, New York ~'¥ot~ Rec~d .- Resoiution RES-20t 1=607 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Seconder I~ [] [] [] [] Supervisor's Appt Chri~0ph~ T~ibot initiator r~ [] [] [] [] Tax Receiver's Appt [] Rescknded Albert Krapski Jr. Voter [] [] [] [2 [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-597 Tabled 8/16/2011 4:30 PM CA TEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Used Refrigerator Truck Fiscal Impact: Appropriate funds for a used refrigerator truck. TO BE DEFEATED RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Whole Town budget as follows: From: August 30, 2011 Page 4 Southold Town Board Meeting Minutes A.1620.1.200.100 To: A. 1620.2.300.200 Buildings & Grounds, Personal Services Part Time Regular Earnings $9,500 Total $9,500 Buildings & Grounds, Equipment Trucks $9,500 Total $9,500 ~' Vote Reco~d - ReSOlution RES-2011~597 [] Adopted [] Adopted as Amended [] Defeated Yes/Axe No/Na~ Abstain Absent [] Tabled William Ruland Initiai0r [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Christopher Talbot Voter [] [] [] [] [] Rescthded Albert Kmpski Jr. Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-608 CATEGORY: DEPARTMENT: Employment - Town Accounting Accepts Retirement of Sergeant Kevin Lynch RESOLVED that the Town Board of the Town of Southold hereby acknowledges the retirement of Kevin J. Lynch from the position of Sergeant in the Southold Town Police Department, effective August 11, 2011. Vote Record - Re*olution RES;2011-608 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando initiator ~ F1 [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Albert Krupski Jr~ Seconder [] Fl [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-609 CA TEGOR Y: DEPARTMENT: Authorize to Bid Solid Waste Management District Re-Bid Payloader Tires RESOLVED that the Town Board of the Town of Southold hereby rejects any and all bids received for the payloader tires, and be it further August 30, 2011 Page 5 Southold Town Board Meeting Minutes RESOLVED that the Town Clerk is hereby authorized and directed to re-bid with new specifications supplied by the Department of Solid Waste. vote Record. Resolution RES-201i-609 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [3 [] [] Supervisor's Appt C~s~op~er Talbot Voter [] [] [] [] Tax Receiver's Appt [] Rescinded Albert Krupski Jr. initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-610 CATEGORY: DEPARTMENT: Employment - Town Accounting Create and Set Salary Scale ,for Civil Engineer RESOLVED that the Town Board of the Town of Southold hereby creates the position of Civil Engineer and establishes the annual rate of pay for Civil Engineer as follows: Effective Date / Entry Step Level _1 2 3 4 _5 January 1,2011 $70,000.00 $73,451.00 $74,831.75 $76,695.50 $78,075.38 $81,527.25 January 1,2012 $72,800.00 $76,389.04 $77,825.02 $79,763.32 $81,198.39 $84,788.34 Vote Record - Resolution RES-2011-610 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [~ [] [] [] [] S upervisor's Appt [] Tax Receiver's Appt Christopher Talbot Initiator [~ [] [] [] [] Rescinded Albert Krupski Jr. Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-611 CA TEGOR Y: Advertise DEPARTMENT: Town Clerk Readvertise for Resumes from Individuals Interested in Serving on the Economic Development Committee RESOLVED the Town Board of the Town of Southold hereby authorizes and directs the Town Page 6 August 30, 2011 Southold Town Board Meeting Minutes Clerk to readvertise for resumes from individuals interested in serving on the Economic Development Committee. ~ ¥0t~ ~rd ~ ResolUii6n ~S-2011~11 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Christophex Talbot Voter [] [] [] [] [] Rescinded A!bcrt ~PS~! Jr. Ypter 0 [] : 13 El [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-612 CA TE GO R Y: DEPARTMENT: Employment - Town Accounting Permission to Attend NYBEAS Seminar Accounting Dpt RESOLVED that the Town Board of the Town of Southold hereby grants permission to Secretarial Assistant Christine Foster to attend a New York State Health Insurance Program {NYSHIP) Reoional Meeting in Hauooauoe. New York on Thursday, October 6, 2011. All expenses for registration, travel to be a legal charge to thc 2011 Accounting Department budget (meetings and seminars) A. 1310.4.600.200. · ~ Vote Record. Reaolutl0n 1/.ES-2011-612 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay : Abstain Absent [] Tabled William Rulm~d Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor*s Appt [] Tax Receiver's Appt Christopher Talbot Voter [] [] [] [] [] Rescinded Albert Kmpski Jr. Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-613 CA TE G OR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement Between the Town of Southold and Cornell Cooperative Extension of Suffolk County in Connection with Conducting a Tidal Prism Study of Goldsmith Inlet to Further Support the Ongoing Efforts by the Town in Meeting Its Water Quality Goals RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and Cornell Cooperative Extension of Suffolk Coun ,ty in connection with conducting a Tidal August 30, 2011 Page 7 Southold Town Board Meeting Minutes Prism Study of Goldsmith Inlet to further support the ongoing efforts by the Town in meeting its water quality goals, at a cost not to exceed $15,000, plus out-of-pocket expenses for mileage, postage, photocopying, crc., subject to the approval of the Town Attorney. -~ V~g~ R~r,d ? ReSOjution RES'2011~613 [] Adopted [] Adopted as Amended [] Defeated Yes/AYe N0~ay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter ~] [] [] [] [] Supervisor's Appt Christopher Ta!bP[ Voter [] [] [] [] [] Tax Receiver's Appt ~[b~rt Krapski Jr. Initiator [~ [] [] 13 [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-614 CATEGORY: DEPARTMENT: Budget Modification Accounting Budget Modification for Accountants Fiscal Impact: To cover additional servicesJbr reconciliation of amended W-2's with the Internal Revenue Service for police 207c payments for 2007 to 2009 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. t00 To: A.1320.4.500.300 Unallocated Contingencies $1,105 Total $1,105 Independent Auditing & Accounting, Accountants $1,105 Total $1,105 ~r Vote Record - Resolution RES-2011-614 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay : Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Christopher Talbot Initiator [] [] [] [] [] Rescinded A!be~ Krupski Jr. Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-615 August 30, 2011 Page 8 Southold Town Board Meeting Minutes CA TEGOR Y: DEPARTMENT: Ratify Fishers Island Reso. Fishers Island Ferry District F1FD Empire Options RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the following resolution of the Fishers Island Ferry District Board of Commissioners dated August 3, 2011: ?It was resolved that the District will offer eligible employees the following three renewal options effective 9/1/2011-9/1/2012 as recommended by Tyler Vartenigian of HCG Services, Plainville, CT. 1. Empire BC/BS Prism EPO2:15% employee participation. 2. Empire BC/BS Value EPO 16: 15% employee participation. 3. Empire BC/BS HAS 2/80/80/NG: 14% employee participation. With fully funded deductible? [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruiand initiator [] [] [] [] [] Withdrawn Vincent Orlando §e~hder ~ gl ri [] 2011-616 CA TE GO R Y: DEPARTMENT: Property Usage Public Works Deer Management Program 2011 RESOLVED that the Town Board of the Town of Southold hereby authorizes October 1,2011 through December 31,2011 as the dates for the 2011 Deer Management Program. Information regarding deer hunting locations, hunters per location, permit requirements and applications for the Archery Access Permits will be available beginning on September 6, 2011 at the Town Clerk's Office. All Southold Town residents, with a valid NYSDEC Hunting License and an Archery Certificate are eligible to participate in the lottery drawing for the 75 available Archery Access Permits. The lottery will be held at 10:00AM on Friday, September 16, 2011 at the Southold Town Hall. August 30, 2011 Page 9 Southold Town Board Meeting Minutes [] Tabled William Ruland Voter [] [] [] [] [] Tax Receiver's Appt Christopher Talbot Voter [] [3 [] [] [] Rescinded Albert Krupski Jr. Seconder ~1 El El El 2011-617 CA TE GO R Y: DEPARTMENT: Close/Use Town Roads Town Clerk 1St Annual J. Parker Wickham Memorial Pre WW II Antique Car Show Fiscal Impact: Police Department cost for this event = $253.28 RESOLVED that the Town Board of the Town of Southold hereby ~,rants nermission for the closure of Case's Lane from Fairway Drive to the Main Road~ for the 1st Annual J. Parker Wickham Memorial Pre WW II Antique Car Show on the Cutchogue Village Green~ on Saturday~ October 15, 2011~ (r/d Oct 16) from 9:00 AM to 4:00 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 ChiefFlatley 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-201!7617 [] Adopted [] Adopted as Pdnended [] Defeated Y~s/Aye N~Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Christopher Talbot Seconder [] 13 [] [] [] Rescinded Albert Krupski Jr. Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] El [] [] [] Supt Hgwys Appt [] No Action 2011-618 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Accounting Authorize Execution of ERRP Administration Addensum RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Addendum with Caremark PCS and Island August 30, 2011 Page 10 Southold Town Board Meeting Minutes Group Administration for programming in connection with the federal Early Retiree Reinsurance Program at no cost to the Town of Southold, all in accordance with the approval of the Town Attorney. · / Vote Reeord. ReSOlUtion RES-20i 1418 , [] Adopted [] Adopted as Amended [] Defeated Yes/Aye N0~Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [23 [2] [] Supervisor's Appt Cbfist~pher T~ib~t initiai0r ~ [] [3 [] [] Tax Receiver's Appt [] Rescinded Albert Krupski Jr. Voter [] [] [] [] [] Town Clerk's Appt Scoit Russell Voter [] [] : [] [] [] Supt Hgwys Appt [] No Action 2011-619 CATEGORY: DEPARTMENT: Litigation Town Attorney Authorizes and Directs the Town Attorney's Office to Commence an Action for Injunctive Relief in Supreme Court, Suffolk County RESOLVED the Town Board of the Town of Southold hereby authorizes and directs the Town Attorney's Office to commence an action for injunctive relief in Supreme Court, Suffolk County, against Sherwood House Vineyards, LLC, and Charles and Barbara Smithen relating to a continued violation of the Town's Development Rights Easement. Vote Record - ReS°lution RES-201i-619 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor*s Appt [] Tax Receiver's Appt Clxristopher Talbot Voter [] [] [] [] [] Rescinded Albert Krupski Jr. Voter [] [] [] [] [] Town Clerk's Appt S~ott Russell Voter [] D [] [] [] Supt Hgwys Appt [] No Action 2011-620 CA TE GO R Y: DEPARTMENT: Property Usage Town Attorney Authorize the Land Preservation Committee to Market Certain Property at Not Less Than Fair Market Value WHEREAS, the Town of Southold, New York, is the owner in fee of the following described premises with the buildings and improvements thereon: 30.8297-acre farm located at 4395 Horton's Lane, Southold, in the Town of Southold, SCTM #1000-54-7-21.4 (f/Fda p/o 54-7- August 30, 2011 Page 11 Southold Town Board Meeting Minutes 21.1); and WHEREAS, the 30.8297-acre parcel is subject to a Town of Southold Development Rights Easement on 28.9932 acres of farmland; and WHEREAS, the Town's holding of the development Rights Easement achieves the public purpose of farmland preservation and therefore the property is no longer needed for a public purpose; now, therefore, be it RESOLVED that the said premises is hereby declared to be "surplus"; and be it further RESOLVED that said premises may therefore be offered for public sale; and be it further RESOLVED that said premises will be offered for sale subject to the Town of Southold Development Rights Easement; and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Land Preservation Committee to market said property at not less than fair market value; and be it further RESOLVED that Supervisor Scott A. Russell is hereby authorized to execute all documents that may be required to advertise and/or list the property for sale. ~' Vot~ ReCord - Resolution RES-2011-620 [] Adopted [] Adopted as Pdnended [] Defeated Yes/Aye : No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando initiator [] [] [3 [] 13 Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Albe~t Krupski Jr. seconder [] [] [3 [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [3 Supt Hgwys Appt [] No Action 2011-621 cA TE GO R Y: DEPARTMENT: Close/Use Town Roads Town Clerk 9-11 Event on Sunday, September 11, 2011 RESOLVED the Town Board of the Town of Southold hereby grants permission for the closure of Peconic Lane on Sunday, September 11,2011 from 9 am to 10 am, to allow a march from the Southold Town Recreation Department to Cochran Park and a vigil at Cochran Park in memory of those who lost their lives on 9/11. August 30, 2011 Page 12 Southold Town Board Meeting Minutes ,r' V0t~ R~ord - ReSOlution RES-2011-621 [] Adopted [] Adopted as Amended [] Defeated ~s(A~e No/Nay Abstain Absent [] Tabled William Ruland Voter [] F1 [] [] [] Withdrawn Vincent OrlandO Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Albert Krupski Jr, Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] FI [] [] Supt Hgwys Appt [] No Action 2011-622 CATEGORY: DEPARTMENT: Seqra Town Attorney LL/Duck Pond Road End Areas SEQRA RESOLVED that the Town Board of the Town of Southold hereby finds that the adoption of the local law entitled "A Local Law in relation to Amendments to Chapter 189, Parkin~ in connection with Parking in Cutcho~ue on Vista Place and Glen Court in the vicinity of the Duck Pond Road End" is classified as a Type II Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. Vote Record - Resolution RES-2011-622 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supe~Msor's Appt Christopher Talbot Initiator [] [] [] [] [] Tax Receiver's Appt [] Rescinded Albert Krupski Jr. Seconder [] : [] [] [] [] Town Clerk's Appt Scoii Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-623 CA TEGOR Y: DEPARTMENT: Seqra Town Attorney LL/Parking Restrictions SEQRA RESOLVED that the Town Board of the Town of Southold hereby finds that the adoption of the local law entitled "A Local Law in relation to Amendments to Chapter 189, Parkine, and Chapter 260, Vehicles and Traffic~ in connection with Parking Restrictions and Traffic and Pedestrian Safe~," is classified as a Type II Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. August 30, 2011 Page 13 Southold Town Board Meeting Minutes Vote Reeocd - ResolUti6n ~S-2011~23 [] Adopted [] Adopted as Amended [] Defeated Yes/AYe No/NaY Abstain Absent [] Tabled William R~iand initiator [~ [] [] [] [] Withd~ awn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Christopher Talbot Voter ~ [3 [3 [] [] Rescinded Albert Krupski Jr. Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-624 CA TEGOR Y: DEPARTMENT: Enact Local Law Town Clerk LL # Chapter 189 & 260 WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the l0th day of August, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 189~ Parking~ and Chapter 260~ Vehicles and Traffic~ in connection with Parking Restrictions and Traffic and Pedestrian Safety" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were be given an opportunity to be heard, now therefor be it. RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 189~ Parking~ and Chapter 260~ Vehicles and Traffic~ in connection with Parking Restrictions and Traffic and Pedestrian Safety" reads as follows: LOCAL LAW NO. 11 of 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 189~ Parking~ and Chapter 260~ Vehicles and Traffic~ in connection with Parking Restrictions and Traffic and Pedestrian Safety'. BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose. The purpose of this local law is to improve safety for pedestrians and vehicles, as well as dealing with impacts to the public's health, safety and welfare resulting from vehicle parking and standing in certain areas, more specifically described below: An amendment to §189-2 imposing parking limitations at Bailie Beach Road in Matt/tuck. An amendment to §260-4 to provide for stop signs on Washington Avenue in August 30, 2011 Southold Town Board Meeting Minutes Page 14 Greenport and West Drive in Southold. An amendment to §260-15 to restrict parking on Alvah's Lane in Cutchogue. II. Chapters 189 and 260 of the Code of the Town of Southold are hereby amended as follows: §189-2. Designation of parking area requiring permits. B. The following road end areas are hereby designated as Town of Southold "Parking by Southold Town Permit Only" areas: (47) Bailie Beach Road, Long Island Sound, Mattituck, along both sides from the terminus south fc.r a ~istance ~f 599 feet. and east to Southside Drive (a/k/a East Side Avenue). §260-4. Stop intersections with stop signs. At Intersection Stop Sign on Direction of Travel With Washington Avenue West Booth Place West Drive North Leeton Drive Location (Hamlet) Greenport Southold §260-15. Parking or standing prohibited during certain times. The parking or standing of vehicles is hereby prohibited during the months and hours (both inclusive) in any of the following locations: Name of Street Alvah's Lane During Months Side and Hours Both At all times Location Cutchogue from the south side of the Metropolitan Transit Authority (L.I.R.R.) property southerly for a distance of 3,321 feet. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. August 30, 2011 Page 15 Southold Town Board Meeting Minutes ~ V0to Rec0rd 6 Re~lafion RES-2011-624 [] Adopted [] Adopted as Amended [] Defeated yes!Aye No/Nay Abstain Absent [] Tabled William Rubmd Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt ChriStopher Talbot lnitiat0~ [] [] [] [] [] Tax Receiver's Appt Aibe~ Krup~ki Jr. Seconder ~ F1 [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-625 CA TEGOR Y: DEPARTMENT: Enact Local Law Town Clerk LL # Parking in Cutchogue 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 Parking in Cutchogue on Vista Place and Glen Court in the vicinitv of the Duck Pond Road End" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS 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. 10 of 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 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. August 30, 2011 Page 16 Southold Town Board Meeting Minutes II. Chapter 189 of the Code of the Town of Southold is hereby amended as follows: §189-2. Designation of parking area requiring permits. B. 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. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote ReCOrd, Resolution RES-2011425 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye NO/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [2] [] [] Supervisor's Appt [] Tax Receiver's Appt Christopher Talbot Voter [] [] [] [] [] Rescinded Albert Krupski Jr. Voter [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-626 CA TEGOR Y: DEPARTMENT: Property Acquisition Purchase Land Preservation Pindar/Damianos SEQRA & Elect to Purchase WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of land owned by Pindar Vineyards, LLC on the 30th day of August, 2011, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-108.-4-1.1, The address is 18625 Main Road (NYS Route 25) in Mattituck, New York. The parcel is located on the northerly side of Main Road (NYS Route 25) approximately 1160 feet west of the intersection of Elijah's Lane and NYS Route 25 and lies within two zoning districts, with 0.88± acre in the R-40 zoning district and the remaining acreage in the A-C zoning district; and WHEREAS, the development rights easement comprises a part of the property, located entirely August 30, 2011 Southold Town Board Meeting Minutes Page 17 within the A-C zoning district, consisting of approximately 20~ acres (subject to survey) of the 24.18± acre total parcel acreage. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the easement will be acquired using Community Preservation Funds. The purchase price is $61,000 (sixty-one thousand dollars) per buildable acre for the 20± acre easement plus acquisition costs; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and aquifer recharge values; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; and, WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by Pindar Vineyards, LLC, identified as part of SCTM #1000-108.-4-1.1. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. August 30, 2011 Southold Town Board Meeting Minutes Page 18 Vote ReCOrd-Res0!Uti0n RES¢2011-626 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincen~ Orlando Initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] F1 [] Tax Receiver's Appt [] Rescinded Albert Kmpski Jr. Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-627 CATEGORY: DEPARTMENT: Bid Acceptance Town Clerk Accept Bid for SUV for the Police Department Fiscal Impact: One (1) bid Mullen Motors Inc. bid of $27,995.00 RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of MuHen Motors Inc. to supply the Police Department with a 2011 Sport Utility Vehicle (Jeep Grand Cherokee 4X4), in the amount of $27,995, all in accordance with the bid specifications in the Legal Notice to Bidders dated May 24, 2011. Vote Record; Resolution RES~2011-627 [] Adopted [] Adopted as Amended [] Del~ated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulm~d Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receivers Appt [] Rescinded Albea Kmpski Jr. Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Initiator [] [] [] [] [] Supt Hgwys Appt [] No Action Motion To: Adjoum Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at P.M. Linda J. Cooper Southold Deputy Town Clerk August 30, 2011 Southold Town Board Meeting Minutes Page 19 RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Russell VI. Public Hearings Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Orlando, Councilman SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Russell LLfl)uek Pond Road End Areas COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suflblk 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 Parking in Cutchogue on Vista Place and Glen Court in the vicinity of the Duck Pond Road End" and NOTICE IS HEREBY FURTHER GIVEN 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 vicini~, 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: I. 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 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. August 30, 2011 Page 20 Southold Town Board Meeting Minutes 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. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have a notice from the LWRP coordinator stating that the proposed action has been reviewed by New York State DEC regulation 6 NYCCRR part 617, state environmental quality review and it is my determination that pursuant to part 617.5 C 27, the action as proposed is a type 2 action and therefore not subject to SEQRA review. We have the proposed local law has been reviewed to chapter 268 waterfront consistency review of the Southold Town code and the local waterfront revitalization policy standards, based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is consistent with the LWRP policy standards and therefore is consistent with the LWRP from LWRP coordinator Mark Terry. Notice that it was posted in the Suffolk Times on August 18th. It was posted on the Town Clerk's bulletin board on the August 8th and that is it. SUPERVISOR RUSSELL: Would anybody like to come up and address the issue of parking on Glen and Vista in Cutchogue? (No response) RESULT: CLOSED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Russell Set PH for 8/30/11 ~ 7:34PM - LL/Parking Restrictions & Pedestrian Safety COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 10th day of August, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 189~ Parking~ and Chapter 260~ Vehicles and Traffic~ in connection with Parking Restrictions and Traffic and Pedestrian Safety" now, therefore, be it NOTICE IS HEREBY FURTHER GIVEN 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 7:34 p.m. at which time all interested persons will be given an opportunity to be heard. August 30, 2011 Page 21 Southold Town Board Meeting Minutes The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 189~ Parking, and Chapter 260, Vehicles and Traffic, in connection with Parking Restrictions and Traffic and Pedestrian Safe ,ty" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 189~ Parking, and Chapter 260, Vehicles and Traffic~ in connection with Parking Restrictions and Traffic and Pedestrian Safe .ty". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to improve safety for pedestrians and vehicles, as well as dealing with impacts to the public's health, safety and welfare resulting from vehicle parking and standing in certain areas, more specifically described below: An amendment to § 189-2 imposing parking limitations at Bailie Beach Road in Mattituck. An amendment to §260-4 to provide for stop signs on Washington Avenue in Greenport and West Drive in Southold. An amendment to §260-15 to restrict parking on Alvah's Lane in Cutchogue. II. Chapters 189 and 260 of the Code of the Town of Southold are 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: (47) Bailie Beach Road, Long Island Sound, Mattituck, along both sides from the terminus south for a fi/stance cf599 feet. and east to Southside Drive (a/k/a East Side Avenue). §260-4. Stop intersections with stop signs. At Intersection Stop Sign on Direction of Travel With Location (Hamlet) Washington Avenue West Drive West Booth Place Greenport North Leeton Drive Southold §260-15. Parking or standing prohibited during certain times. The parking or standing of vehicles is hereby prohibited during the months and hours (both inclusive) in any of the following locations: August 30, 2011 Page 22 Southold Town Board Meeting Minutes During Months and Hours At all times Name of Street Side Location Alvah's Lane Both Cutchogue from the south side of the Metropolitan Transit Authority (L.I.R.R.) property southerly for a distance of 3,321 feet. IIL SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have a notice from the LWRP coordinator that it is a type 2 action and therefore is not subject to a SEQRA review. And the LWRP coordinator stating that it is consistent with the LWRP policy standards and therefore is consistent with the LWRP. Notice that it was posted in the Suffolk Times on the 18th day of August 2011 and that it was posted on the Town Clerk's bulletin board on August 11,2011. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on any of these? Mr. McGreevy. RON MCGREEVY: Ron McGreevy, Mattituck addressing parking on Bailie Beach Road. First I want to thank the Board for acting swiftly on the problems that were reported happening in the area. I think there are two points here, I think parking by permit only should be changed to no parking. It is along a wetland, a 65 acre wetland. There used to be grass growing on the side of the road there, now there is nothing but sand. That is all gone. Anything dropping from the vehicles goes right into the wetlands adjacent to the inlet. And on another issue, the comprehensive plan, to allow parking there would destroy one of the better vistas for all of Southold Town. SUPERVISOR RUSSELL: That is on the east side. MR. MCGREEVY: On the east side, on the inlet side. COUNCILMAN TALBOT: On the west side. MR. MCGREEVY: Sorry, south of the, on the inlet side. COUNCILMAN TALBOT: That kind of raises up off of the roadway, doesn't it there? August 30, 2011 Page 23 Southold Town Board Meeting Minutes MR. MCGREEVY: It raises up and it goes right down into the inlet, well, into the wetlands into the inlet. COUNCILMAN TALBOT: Does anybody really ever park there? MR. MCGREEVY: Oh, yeah. COUNCILMAN TALBOT: With permits though? You think? Or just people that come into town and park. MR. MCGREEVY: There are no restrictions there now. COUNCILMAN TALBOT: Yes. MR. MCGREEVY: Weekends they are bumper to bumper. COUNCILMAN TALBOT: I think with this .... COUNCILMAN KRUPSKI: Are they town residents? MR. MCGREEVY: No. COUNCILMAN KRUPSKI: So this would stop this completely. MR. MCGREEVY: That would stop it but you are also blocking the comprehensive plan, 2020, the scenic vistas. That would be completely destroyed, the scenic vistas. COUNCILMAN KRUPSKI: What about changing it to parking by permit only, which would allow only town residents and then seeing how it went from there. MR. MCGREEVY: Well, that is what they want. I think it should be no parking. Because it is with the, you know, comprehensive plan and it is also an environmental issue. SUPERVISOR RUSSELL: The suggestion would be for no parking on that west side and then parking by permit only on the east side of the road. MR. MCGREEVY: Inaudible. But I was just speaking to the issue of the one with the side to the inlet. SUPERVISOR RUSSELL: Okay. MR. MCGREEVY: Well, consider it. Thank you very much. SUPERVISOR RUSSELL: Thank you. Dan? August 30, 2011 Southold Town Board Meeting Minutes Page 24 DAN CATULLO: Dan Catullo, Mattituck. In support of Ron, I agree, I think that that area along the wetlands should be non-available for parking on the grounds of what he said. You asked if there is parking there, on a weekend, it is jammed. It is like Times Square almost. And the amount of tire track and trash and etc, people sitting in there because they may not have lunch availability on the beach, they come out, they throw their McDonalds and whatnot along. A beautiful scenic vista, as Ron has mentioned, is really violated and it is one of the prettiest scenic spots of the whole town. I agree that is should be no parking, I am happy that we have some sort of parking restriction but I think going the full route, making that no parking for the reasons he mentioned and I support, meanwhile on the opposite side, permit parking which would allow the town to avail itself of the beach. Sounds good. We have seen, again, you have mentioned, is there any parking. I have gone down there, it is right across from my mailbox which is where part of the parking takes place, on a busy weekend especially. And I have seen South Carolina, North Carolina, Tennessee. Amazing how that is being drawn here and a lot of it is a one shot deal. I don't know how that works, what the compute is but I have seen gangs of people presumably from these outlying areas on the beach and doing things that I haven't seen and I have been here 47 years, before. It has become the place to go from Patchogue from these states I have mentioned. It is something we really should restrict and this sort of thing, these restrictions that are being proposed are the way to go. There is no question about it. I mean, I am not going to dwell on some of the terrible things that have been happening on the beach, I think that has been .... COUNCILMAN TALBOT: Yes, the police department has been addressing those issues. MR. CATULLO: Yes, so I won't dwell on that. The point is, we have to really restrict the craziness, the chaos that is happening. Increasingly, geometrically. It is something that, and you see these gangs come in with cell phones and then another gang will come along and (inaudible) that we have loved, my kids, since Kennedy was president. COUNCILMAN TALBOT: It is taken place on all of our northern beaches, on the sound side. They come and they have been setting up camps and not just in Mattituck but all the way out east. MR. CATULLO: I know. We go down and the dirty diapers and bathroom business going on and I mean, these people come out for a weekend and them is no resource for you know, toiletry, so you know, wow, it is there for us to enjoy. This is one way to stop it. I don't know what other, police have actually helped by, I see there have been two cruises with those (inaudible) that they have, so it is being addressed on another avenue but this is one strong way to go and 1 am happy that you guys are addressing it. COUNCILMAN TALBOT: The reason that I asked about that parking is I never remember town residents ever parking both sides of the road all the way up that far. That is why, if it went by just town permit only, I don't think that there would ever be parking up on that side of the road. MR. CATULLO: But what you remember and I remember and I remember further back than August 30, 2011 Page 25 Southold Town Board Meeting Minutes you I think, unfortunately, to the Kennedy administration, it has been a bad situation. It has changed and it is getting worse and although with the police activity, it has tabled out and dropped a bit but you know, it is a relentless pressure and we have to put something in place that will maintain some sort of sanity about it and again .... COUNCILMAN TALBOT: It is amazing they get people from South Carolina, North Carolina and Pennsylvania here. MR. CATULLO: I have no idea what the signal, how the signal works... COUNCILMAN TALBOT: It is because you can't get a, they can't register their car in New York without a social security card. MR. CATULLO: I have no idea how it works but it is a crazy communication. Anyway, thanks a lot. SUPERVISOR RUSSELL: Okay, thank you. Would anybody else like to address the Town Board on these particular proposed local laws? COUNCILMAN RULAND: I would like to ask a question, Scott, of the two gentlemen if you don't mind? In your mind, which is most important today? To enact this, even though it is not perfect or to substantially change it as you had asked, is going to delay it at least 30 more days because it would have to be re-heard because that is a substantial change. MR. MCGREEVY: Inaudible. COUNCILMAN RULAND: So in your mind, it will... COUNCILMAN ORLANDO: It will be another 30 days after that. COUNCILMAN RULAND: Yes, it will be another 30 days after that. MR. MCGREEVY: Then change it and amend it. COUNCILMAN RULAND: That is what I am asking. MR. MCGREEVY: I would imagine that would help (inaudible). COUNCILMAN KRUPSKI: Because if we pass it tonight, we could put the signs up right away. And then if it continues to be a problem, then we can address the other side of it. SUPERVISOR RUSSELL: Just for clahty, the signs that, if we passed this tonight, the signs that could go up right away would be parking by permit only on both sides of that road. The amendment that would restrict one side to no parking at any time or with any permit would be considered substantial enough that we would have to re-notice this whole heating. What I think August 30, 2011 Southold Town Board Meeting Minutes Page 26 the Board wants to know is should we pass what we have so that we can at least get some signs up and then from there, evaluate whether we need to go further on that west side with no parking. MR. MCGREEVY: Inaudible. SUPERVISOR RUSSELL: Something is better than nothing. Okay. MR. MCGREEVY: Inaudible. SUPERVISOR RUSSELL: Understood. RESULT: CLOSED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Talbot, Kmpski Jr., Russell PH 8/30/11 ~ 7:36 Pm - Pindar/Damianos Dev Rights COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ August 30, 2011, at 7:36 p.m. Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by Pindar Vineyards~ LLC. Said property is identified as part of SCTM #1000-108.-4-1.1. The address is 18625 Main Road (NYS Route 25) in Mattituck, New York. The parcel is located on the northerly side of Main Road (NYS Route 25), approximately 1160 feet west of the intersection of Elijah's Lane and NYS Route 25 and lies within two zoning districts, with 0.88± acre in the R-40 zoning district and the remaining acreage in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property, located entirely within the A-C zoning district, consisting of approximately 20~ acres (subject to survey) of the 24.18± total parcel acreage. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $61,000 (sixty-one thousand dollars) per buildable acre for the 20± acre easement plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and aquifer recharge values. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have a notice from the LWRP coordinator, purchase of the development rights, the proposed acquisitions of development rights easement on part of the property. The action has been reviewed to chapter 268, waterfront consistency review of the Southold Town code and the LWRP standards. Based upon the information provided on the LWRP consistency assessment form submitted to this department as well as the records available to me, it is my August 30, 20t 1 Page 27 Southold Town Board Meeting Minutes recommendation that the proposed action is consistent with the policy standards and therefore is consistent with the LWRP. I have a notice it was posted in the Suffolk Times on August 25th and that it was posted on the Town Clerks bulletin board on August 22, 2011 and the short environmental assessment form from the Land Preservation coordinator, saying that it is no action and that is it. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular public heating for the purchase of development rights? COUNCILMAN KRUPSKI: i would just like to say there is a, the map is right down here. It shows the location of the parcel, this is an important block. The Land Preservation Committee was happy to recommend this to the Town Board because there are parcels from the west starting at Councilman Ruland's farm and then there is a farm in contract with the Land Preservation Committee and then there are two other farms that have development rights sold already and this will be the last farm that completes a rather nice, large block of farmland between the Main Road and the railroad tracks. So it will, you know, forever preserve that farming potential in that area. And because of that, Land Preservation Committee recommended that the town purchase the development rights. SUPERVISOR RUSSELL: I would echo Councilman Krupski's comments and say this key piece actually creates an entire farmland block that stretches from Mill Lane in Mattituck all the way east to Elijah's Lane estates in Mattituck. Any comments? UNIDENTIFIED: Inaudible. COUNCILMAN KRUPSKI: Thank you. We appreciate the landowner making it available, so that completes it forever. You take all of the current names out of it and going forward, it is always going to be available for aghculture and as one of the whereas' said, for recharge for the aquifer which is very important also. SUPERVISOR RUSSELL: Well, thanks to Dr. Damianos and his family for agreeing to sell the development rights to the town. RESULT: CLOSED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Russell Closing statements SUPERVISOR RUSSELL: That concludes the business of the board. I just want you folks to know that I think you raised a good point with regards to the no parking and we will certainly refer that back to the Transportation Commission for further review. At this time, I would invite anybody that would like to address the Town Board on any issue to please feel free to come forward. CECILIA LOUCKA: Cecilia Loucka from Southold. With reference to 260-15, parking on August 30, 2011 Page 28 Southold Town Board Meeting Minutes Alvah's Lane. When does that go into effect? SUPERVISOR RUSSELL: Immediately. We passed that law tonight. We will have the signs up very soon I am sure. MS. LOUCKA: Okay, I have another item. Before the storm hit, Southold school was designated a shelter. SUPERVISOR RUSSELL: Yes. MS. LOUCKA: Sunday night I was alone, it was getting dark and the wind was howling from the west and I decided to go to the Southold school, just to sit and talk with people. There was absolutely nobody there. Nobody in charge, there was nobody. It was not open at all. SUPERVISOR RUSSELL: i was at the shelter, the Southold shelter and we had cots set up, we had equipment, supplies and there was, the superintendent of the school was generous enough to allow us one of his staffers to man that shelter. We also had regular contact with local amateur radio operators, who had one person stationed at that shelter the whole time. In fact, for the almost three days of the storm event. MS. LOUCKA: Well, I don't know where they were Sunday night. They weren't there. SUPERVISOR RUSSELL: You went to the right location, at Southold high school? MS. LOUCKA: Southold high school, yes. SUPERVISOR RUSSELL: When I checked in, which was pretty well into the storm event, there was several people. I would say 7 or so at the shelter. MS. LOUCKA: I was there at 7:30 on Sunday night. And as far as the, LIPA's treatment of Southold, if I were you Mr. Russell, I would have been on LIPA's doorstep at 8:00 yesterday morning and I wouldn't have left until they had trucks out here. There are still branches on wires on Oaklawn. There are wires down on Parkway. This is not safe. I have never, I haven't seen a truck and I have been out every day. so I would like to know what you are doing about it? SUPERVISOR RUSSELL: I have been in regular contact with LIPA officials. I have called Senator LaValle who has been very helpful to me. I have called Governor Cuomo, I have been in touch with his office. I have asked them to bring all pressure to bear on LIPA to get a better response. I do have to tell you that the experience that Southold is going through is similar to what the other towns are going through right now. I know there is a notion out there that somehow all of the south fork is up and running again, I talked to the Supervisor's office in East Hampton who estimates about 50 % of that community is still without power and he is fielding the same complaint. The lack of utility vehicles in the field. I believe that when this is done, the state of New York will take a harder look at LIPA's conduct and effort in this matter and bring, hopefully, some legislative relief or some legislative requirement to have LIPA respond better in August 30, 2011 Page 29 Southold Town Board Meeting Minutes the future. But I have been regularly contacting, harassing, I mean, I can yell and scream with the best of them, all LIPA officials. MS. LOUCKA: But I would have been down there. I wouldn't have talked to them on the telephone. They have got people, answer those phones and they are trained to get rid of you. Make you hang up. If I were to give LIPA a report card, I would give them F's in every category. And I would like remind everybody who is up there who has any influence, election day is coming. JOAN GENOVESE: My name is Joan Genovese, I am from the Bayview section of Southold. I spoke to Mr. Russell today in his office about the same topic, i first of all want to thank the highway department. I guess it is the highway department who is responsible for doing an excellent job of cleating the roads because I think they have done an excellent job of cleating the roads so that we can get around town because I know we did have a lot of trees down and I think that should be said first. Second of all, I agree with this woman about LIPA because I think they have done an abominable job in communication. I know they have a huge job in bringing back so many customers because there are so many of us without power. In the Bayview section we are still out. I know Mr. Russell, you said when we started that the hamlet is coming back. My husband called me while I have been at the meeting here and we personally have had two communications with LIPA. One was at 1:00 yesterday afternoon which was one of those robo calls which said they we were coming back at 4:00 pm yesterday and that they would call us again at 6:00 pm yesterday to confirm that we were back. So needless to say, by today we were not back. He just called to tell me that at 7:20 pm tonight, they said that the job was dispatched at 6:30 this morning. Now yesterday they told us it was dispatched yesterday morning but now it was dispatched at 6:30 this morning and we will be back at 4:00 pm this afternoon. Now this was at 7:20 tonight. So they are really very poor in their communication. You try to call them on the phone, you can report an outage but you can't get in touch with anybody. I called today, they have their phones closed. They are telling you that they are closed Monday August 29th. Today is Tuesday, August 30th. They are telling you you can go to the web and get an updated information. If I could get to the web, I wouldn't be calling to say that I had an outage and I know that there is nothing that you can do about it, you are calling, I know you are saying that but we need to do something in the future to get them to be more responsive. Maybe we need to get rate reliefi We need to do something. They are not communicating with us. They should be calling us with some kind of restoration status and I know at least I am getting a call because I personally reported an outage. Some of my neighbors didn't report and they are getting nothing. But these calls I am getting are not really helpful at all. So I think that I understand, I worked for utility, for Con Edison for 37 years, I know what utilities are up against when they have emergencies like this but they need to do a better job of communicating with us. COUNCILMAN ORLANDO: I agree, ma'am. I live down in Bayview area like you and I have not seen one LIPA truck down by the Bayview area. The only people I see down by us in the last couple of days is DPW and highway clearing the streets, all over the place. Like you said, doing a great job. I have not seen any LIPA, unfortunately, I think you and I are going to be out for a few more days. August 30, 2011 Page 30 Southold Town Board Meeting Minutes MS. GENOVESE: I don't care ifl see the truck, all I want is the results. SUPERVISOR RUSSELL: I will tell you, one of the things you mentioned is communication. That is the one issue that every supervisor I talked to is one of the critical mistakes of LIPA is there inability to let people know what they are doing and when they do communicate, it seems to be misinformation. They are exacerbating the problem by raising false hopes, each and every day and there is no doubt that it is an absolutely unacceptable, I don't want to say public relations, but public outreach component that that outfit has. I have talked to Mark Grossman from Governor Cuomo's office specifically about that and Senator LaValle specifically about the lack of communication that is coming from LIPA. COUNCILMAN KRUPSKI: And our highway superintendent Peter Hams said that at our work session this morning. He said, he doesn't want to go to a funeral, so if there are wires down, he won't let his men near the wires to clear the tree. But he said there is no communication from LIPA, oh, we have shut that street down, your men can go in and clear the tree, then LIPA can come back and fix the wires. He said without that communication, they can't go in and touch a lot of those places. They don't know. They have to be safe. MS. GENOVESE: Whose responsibility is it? They said on the radio, well, you may see 10 LIPA trucks sitting on the side because they can't do anything until the trees are removed and the trees can't be removed until the power is powered down. Well, isn't that LIPA that has to power that down? SUPERVISOR RUSSELL: Yes. LIPA should be coordinating the entire effbrt. MS. GENOVESE: Well, I agree with this lady, that right now I would give them a big red F. COUNCILMAN ORLANDO: And we are taping a meeting that probably no one is ever going to see because no one has power to turn on channel 22. COUNCILMAN TALBOT: We mentioned that today, that LIPA should probably designate one individual or multiple individuals for Southold, one for Shelter Island, one for the five east end towns each. And then if the highway superintendents need to know what part of the grid they have shut down so they can go in and clear trees out, if they are not going to do that themselves, at least there is one individual or his secretary, somebody that they can speak to and get a straight answer from. MS. GENOVESE: They said on the radio and the man on WLNG, I hear him trying to get, well, can you give us information and he is doing his best, I am sure the way you are, trying to get information from them but the LIPA spokesman, they just dance around .... COUNCILMAN TALBOT: Yes, they get their PR people to put a nice spin on it. MS. GENOVESE: Right. August 30, 2011 Southold Town Board Meeting Minutes Page 31 COUNCILMAN TALBOT: If they didn't give $30 or $40 million to Richie Kessel when he was there and he was going to save Long Island, then they could use that to hire more people or get better equipment. CHARLENE CATULLO: Charlene Catullo. I just wanted to say something in Mr. Russell's defense. Having no power, I said, let me try my old transistor and see what is going on. So I listened to WLNG and I believe it was Sunday night and I had missed that you had been on. So I said, wow, he has been on, right on spot. Waiting to hear something from LIPA, nothing until this evening. Now I don't always have the opportunity to listen to the radio because I also work for the department of social services in Riverhead and we are without power. And we are all thinking that that should be someone who should be serviced .... COUNCILMAN ORLANDO: A priority. MS. CATULLO: As a priority. So as far as getting a hold of LIPA, I tried Sunday numerous times, couldn't get through. My brother being a customer representative for Con Edison, I said maybe you can do something. So the only thing he could really do is try and get through. He said people would be outraged had they not been able to get through to someone at Con Ed. And it is true. First of all, you have to hope that you have access to a phone. I tried going over to the library and using my laptop, unsuccessful. I did get through to their website but couldn't really find out what is happening. So my brother, I spoke with him today and he has been keeping in touch with me but he said, you know Con Ed, they give dry ice, they do something. But as far as getting them to respond, I live off Wickham at Bailie Beach and I notice that there were police that had to be stationed due to a down wire. So can you ask LIPA to be responsible, so you have to pay for police to protect pedestrians or drivers from going through dangerous intersections. So maybe you can get them to be heard that way. But no one I know has been successful to getting through to them, you can call daily, put in, the automated yes, we will record your outage but that is all we have gotten. But I just wanted to say that I know that Mr. Russell had at least tried to communicate with the community as to what is going on and LIPA was the first time I heard on the radio today and all they were telling you that how many people that they had got on and how many people were still without power. But I do want to thank you, Mr. Russell, okay? COUNCILMAN KRUPSKI: We all look forward to Scott Russell hour on WLNG. SUPERVISOR RUSSELL: I am just wondering if that was the same lady that I was listening to, that didn't know if Nassau Point was in Nassau county or Suffolk county. Would anybody else like to address the Town Board on any issue? (No response). -inoa J. Cooper Deputy Town Clerk