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Home My WebLink AboutTB-08/16/2011ELIZABETH A. NEVILLE T O'vVN 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 16, 2011 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, August 16, 2011 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 4:30 PM with the Pledge of Allegiance to the Flag. Call to Order 4:30 PM Meeting called to order on August 16, 2011 at Meeting Hall, 53095 Route 25, $outhold, NY. I. Reports 1. Program for the Disabled 2. Budget 3. Justice Louisa Evans 4. Justice William Price 5. Trustees Monthly Report 6. Zoning Inspector 7. Justice Rudolph H. Bruer 8. Zoning Board of Appeals 9. Department of Public Works 10. Human Resource Center Monthly Report 11. Planning Board Monthly Report II. Public Notices NYS Liquor License Renewals III. Communications IV. Discussion 1. 9:00 A.M. - Ken Reeves, Parks & Rec 2. 9:30 A.M. - Jim Bunchuck 3. 10:00 A.M. - Jeff Standish 4. 10:15 A.M. - Jim McMahon, Jeff Standish 5. Bike-A-Thon Request 6. Special Events & Entertainment Law Discussion of Threshold for Review August 16, 2011 Southold Town Board Meeting Minutes Page 2 7. Ovsianik Change of Zone aw 9. 10. Motion To: Motion to enter into Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell EXEUCTIVE SESSION - Property Acquisition - Melissa Spiro EXECUTIVE SESSION - Labor EXECUTIVE SESSION - Litigation Strategy Motion To: Motion to exit from Executive Session RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Pledge to the Flag Opening Statements Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance to the Flag. Thank you. I would ask anyone that wants to comment on any of the agenda items to please feel free to come up now. (No response) V. Resolutions 2011-587 CA TEGOR Y: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated August 16~ 2011. Vote Record - Resolution RES~20i i-587 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No(NaY Abstain Absent [] Tabled William Ruiand Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Seconder [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action August 16, 2011 Page 3 Southold Town Board Meeting Minutes 2011-588 CATEGOR~ DEPARTMENT: Set Meeting Town Clerk Set Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held at 7:30 PM on Tuesday~ August 30~ 2011 at the Southold Town Hall, Southold, New York ~' v0te Ryeo[d ~ Re~Olufl0n RE8~2011~588 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulmnd Voter [] [] [] [] [] Withdravm Vincent O~iandoVoter [] v1 [2 [] [] Supeivisoi's Appt Christopher Talbot Seconder [] [] [] [] [] lax Receiver's Appt Albert Kmpski Jr. Voter [] [] El [] [] Rescinded Louisa P. Evans Initiator I~l : Fl 13 [3 [] Town Clerk's Appt Scott Russell Voter ~ : [] 13 [] [] Supt Hgwys Appt [] No Action 2011-589 CATEGOR~ DEPARTMEN~ Employment - Town Accounting Resignation of Construction Equipment Operator Frederick Visser RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Fredric J. Visser from the position of Construction Equipment Operator in the Solid Waste Department, effective August 14, 2011. Vote RecOrd - Re~olofi0n REs-2011-589 [] 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 Kmpski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-590 CATEGORD DEPARTMEN~ Strawberry Fields Recreation Approve Use of Strawberry Fields August 16, 2011 Southold Town Board Meeting Minutes Page 4 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Bishop McGann-Mere¥ High School to use Strawberry Fields in Mattituek for Varsit~ and JV soccer practice from 3:00 p.m. to 6:00 p.m.~ Monday through Friday and from 8:00 a.m. to noon on Saturdays~ commencing on August 29 and ending on October 31~ 2011, subject to the payment of a fee to the Town in the sum of $150 per week during this time period and subject to the Applicant filing with the Town Clerk's Office a One Million Dollar Certificate of Insurance naming the Town of Southold and the County of Suffolk as additional insured, subject to the approval of the Town Attorney. Support is for this year only as the Town Board and the Recreation Department continue to evaluate the use of Town properties. ~' vo~e Ree°rd ,, Res0iuti0n RE~2011-590 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay : Abstain Absent [] Tabled William Ruland Seconder [] [] [] El 12] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt CItristopher Talbot Voter [] [] : [] [] [] Tax Receiver's Appt ~ibe~ ~pski ~r. init!at0~ v~ El ~ [2] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt S~ott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 590 COUNCILMAN KRUPSKI: I would like to add to that is that support is definitely limited to this year only as the Southold Town Board and the Recreation Department continue to evaluate the use of town 2011-591 CA TEGOR Y: DEPARTMENT: Employment - Town Recreation Hire Summer Seasonal Employees RESOLVED that the Town Board of the Town of Southold hereby appoints the following individuals as lifeguards for the remainder of the 2011 summer season - August 17 through September 5. STILLWATER LIFEGUARDS HOURLY SALARY Lyndsie Taylor (lst year) .......................................................... $12.17/hour Margaux Reidy (lst year) .......................................................... $12.17/hour August 16, 2011 Southold Town Board Meeting Minutes Page 5 ~' vote Rec0rd ~ Resolution RESt2011-~91 [] Adopted [] Defeated ~e~(A~e No/Nay Abstain Absent 2011-592 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Accounting Engage Albrecht, Viggiano Zureck-2011 2012 Audits Fiscal Impact: Engagement letter for the 2011 financial audit ($71,400), Justice Court Audit ($5,100), 2012financial audit ($ 72, 800, Justice Court Audit ($5,200). RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott Russell to execute an engagement letter with Albrecht, Vie~iano. Zureck and Company, P.C. in connection with the Fiscal Year 2011 and Fiscal Year 2012 Single Audits of the Town of Southold and audits of the Southold Town Justice Court as required by the New York State Office of Court Administration, at a fee not to exceed $76,500 for the 2011 audit and $78,000 for the 2012 audit, which shall be a legal charge to the General Fund Whole Town Independent Auditing and Accounting Budget (A. 1320.4.500.300), all in accordance with the approval of the Town Attorney. Vote Record - Resolution RES-2011-592 El Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay ~bst0in Aio~ent [] Tabled William Ruland Voter El [] [] [] [] Withdrawn Vincent Orlando Voter El [] [] [] [] Supervisor's Appt Christopher Talbot Initiator [] [] [] [] [] Tax Receiver's Appt Albert Krapski Jr. Voter El [] [] [] [] Rescinded Louisa P. Evans Seconder [~ [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] r~ [] [] Supt Hgwys Appt [] No Action 2011-557 Tabled 8/2/2011 7:30 PM CA TEGOR Y: Property Usage DEPARTMENT: Recreation Southold High School Use of Tennis Courts August 16, 2011 Page 6 Southold Town Board Meeting Minutes 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 Coehran 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 Re*ord- Resolution RES-2011-557 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] : 13 [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] 13 [] [] 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 2011-593 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Copywrite Agreement for Toy Story 3 RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to execute an Exhibition Request Form of Swank Motion Pictures fulfilling Federal copyright requirements for the Youth Bureau's Family Movie Night in the Park viewing of Toy Story 3, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2011-593 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tab,ed wiiliarn Ruiand [niti~i0r [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] U] [] [] Supervisor's Appt Christopher Talbot Voter [] D [] [] [] 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 2011-594 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to North Fork Beach Volleyball to Park Overflow Vehicles Along Breakwater Road, in the Vicinity of Breakwater Park RESOLVED the Town Board of the Town of Southold hereby grants permission to North Side- Out Beach Volleyball League Inc. to park overflow vehicles along Breakwater Road, in the August 16, 2011 Page 7 Southold Town Board Meeting Minutes vicinity of Breakwater park on: Saturday, August 27, 2011 (r/d August 28) for the end of season Tournament; on Saturday, September 17, 2011 (r/d September 18,2011) for the Beach Volleyball awards party, 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 Mattituck Park District stickers or windshield flyers identifying participants or spectators and they contact Chief Martin Flatley of the Southold Police Department immediately for proper placement of the permits. Support is for this year only as the Southold Town Board continues to evaluate town road usage. Vote Record -Resolutton RES-2011-594 [] 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 Kmpski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-595 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Amend Resolution No. 2011-533 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2011-533~ adopted on July 1% 2011~ to read as follows: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Acquisition Agreement Lease or Purchase between the Town of Southold and Canon Business Solutions, Inc., in connection with the lease of one (1) Canon IR-6055 copy machine for use by the Justice Court at a monthly cost of $401.00 for a period of sixty (50) forty-eight (48) months from the date of installation, subject to the approval of the Town Attorney. Vote Re~otd; Resolution RES-2011-595 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulm~d Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] F1 [] [] [] Supt Hgwys Appt [] No Action 2011-596 August 16, 2011 Page 8 Southold Town Board Meeting Minutes CA TEGOR Y: DEPARTMENT: Budget Modification Accounting Budget Modification for Debt Service Transfer to Capital Fund Fiscal Impact: Allocate debt service appropriated for Fuel Management System to fund the Fuel Management System, as borrowing was reduced by this amount. Funds will not be transfered to the Capital Fund until or if needed. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Whole Town budget as follows: From: A.9730.6.000.000 To: A.9901.9.000.100 Bond Anticipation Notes, Principal Total $50,000 $50,000 Transfers to Capital Fund $50,000 Total $50,000 Vote Record; Resolution RES=2011-596 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye N0(Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Seconder ~ [] [] [] [] Tax Receiver's Appt A!b~ Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter ~ [] [] [] [] Supt Hgwys Appt [3 No Action 2011-597 CA TEGOR Y: DEPARTMENT: Budget Modification 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 16, 2011 Page 9 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 Record - Resolution RES-2011-597 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye : No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [3 [] Withdrawn Vih~ent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot : Initiator [] [] [] 13 [] Tax Receiver's Appt A!be~ ~pski Jr. Voter [] [] [] [] [] Rescinded [] Town Clerk's Appt Louisa P. Evans Voter [] [] [] [] [] Supt Hgwys Appt S~ott RUssell Voter [] [] [] [] [] No Action Next: Aug 30, 2011 7:30 PM 2011-598 CA TEGOR Y: Bond DEPARTMENT: Town Clerk Bond for Stormwater Mitigation BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 16, 2011, AUTHORIZING THE CONSTRUCTION OF STORMWATER MITIGATION IMPROVEMENTS, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $500,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF $500,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to construct stormwater mitigation improvements. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $500,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of $500,000 serial bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $500,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting August 16, 2011 Page 10 Southold Town Board Meeting Minutes Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the class of objects or purposes for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 4 of the Law, is forty (40) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. (d) The Town Board of the Town, acting in the rote of Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act ("SEQRA"), has determined that the class of objects or purposes described in Section 1 hereof is a Type II Action as defined under SEQRA the Regulations promulgated thereunder and no further review is required. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and Section 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to the execution of agreements for credit enhancements, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of publication of such resolution, or a summary thereof, are not substantially complied with, August 16, 2011 Page 11 Southold Town Board Meeting Minutes and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to cause to be published in "The Suffolk Times," a newspaper having a general circulation within said Town and hereby designated the official newspaper of the Town for such publication and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the following form: TOWN OF SOUTHOLD, NEW YORK PLEASE TAKE NOTICE that on August 16, 2011, the Town Board of the Town of Southold, in the County of Suffolk, New York, adopted a bond resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted August 16, 2011, authorizing the construction of stormwater mitigation improvements, stating the estimated maximum cost thereof is $500,000, appropriating said amount for such purpose, and authorizing the issuance of $500,000 serial bonds of said Town to finance said appropriation," an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING said Town to construct stormwater mitigation improvements; STATING the estimated maximum cost thereof, including preliminary costs, and costs incidental thereto and the financing thereof, is $500,000; APPROPRIATING said amount for such purpose; and STATING the plan of financing includes the issuance of $500,000 serial bonds of the Town to finance said appropriation, and the levy of a tax upon all the taxable real property within the Town to pay the principal of said bonds and interest thereon; SECOND: AUTHORIZING the issuance of $500,000 serial bonds of the Town pursuant to the Local Finance Law of the State of New York to finance said appropriation; THIRD: DETERMINING and STATING that the period of probable usefulness applicable to the purpose for which said serial bonds are authorized to be issued is forty (40) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purpose for which said bonds are authorized; and the proposed maturity of said $500,000 serial bonds will exceed five (5) years; and STATING that the Town Board, as Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act ("SEQRA"), has determined that the purpose for which the bonds are authorized is a Type II Action and no further review is required; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or August 16, 2011 Page 12 Southold Town Board Meeting Minutes the renewals thereof; and SIXTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: August 16, 2011 Elizabeth A. Neville Town Clerk Section 8. The Town Clerk is hereby authorized and directed to cause said bond resolution to be published, in summary, in substantially the form set forth in Exhibit A attached hereto and made a part hereof, after said bond resolution shall take effect, in the newspaper referred to in Section 7 hereof, and hereby designated the official newspaper for said publication, together with a Notice in substantially the form as provided by Section 81.00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York. EXHIBIT A NOTICE The resolution, a summary of which is published herewith, has been adopted on the 16th day of August, 2011, and an abstract thereof has been published and posted as required by law and the period of time has elapsed for the submission and filing of a petition for a permissive referendum and a valid petition has not been submitted and filed. The validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Southold, in the County of Suffolk, New York, is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication of the notice, or such obligations were authorized in violation of the provisions of the constitution. ELIZABETH A. NEVILLE Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED AUGUST 16, 2011, AUTHORIZING THE CONSTRUCTION OF STORMWATER MITIGATION IMPROVEMENTS, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $500,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $500,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION The class of objects or purposes for which the bonds are authorized is the construction of stormwater mitigation improvements, at the estimated maximum cost of $500,000 The amount of obligations to be issued is $500,000. The period of probable usefulness is forty (40) years. A complete copy of the bond resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, at the Town Hall, 53095 Main Street, Southold, New York. August 16, 2011 Southold Town Board Meeting Minutes Page 13 Vote Record - ReSolution RES-2011.S98 [] Adopted [] Adopted as Amended [] Defeated Yes/A~e N0/Na~ Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Cl~stopher Talbot Voter [] [] : [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] : [] [] [] Rescinded Louisa P, Evans Seconder [] [] : [] [3 [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-599 CATEGORY: DEPARTMENT: Budget Modification Police Dept Budget Modification- PD Vacation and Sick Earnings Fiscal Impact: Transfer funds due to the retirement o fa police department member from April 2011. 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.I 00.400 Contingent, Police Retirement Reserve Total $174,336 $174,336 Police, P.S., Vacation Earnings Police, P.S., Sick Earnings Total $75,230 99,106 $174,336 Vote Record - Resolution RES-2011-599 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albea Krupski Jr. Seconder [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-600 CA TE GO R Y: DEPARTMENT: Public Service Town Attorney Grants Permission to Tamsin Yeomans and Guests' to Park Approximately Ten (10) Vehicles at the End of Young's Road in Orient, New York, Between the Hours of 6:00 P.M. and Midnight on Friday, August 26, August 16, 2011 Southold Town Board Meeting Minutes Page 14 2011 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Tamsin Yeomans and guests to park approximately ten (10) vehicles at the end of Young's Road in Orient~ New York~ between the hours of 6:00 p.m. and midnight on Friday~ August 26~ 2011. Written notice of the authorization granted by this resolution must be displayed by placard in each parked vehicle. Vote Record. ReSOlUti0n nES-2011-600 [] Adopted [] Adopted as Amended [] Defeated y~$~Ay~ No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt , Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-601 cA TEGOR Y: DEPARTMENT: Authorize to Bid Highway Department Advertise for Highway Equipment RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the following: 1 - new 2011 12,000 lb. Capacity Trailer, such as an Interstate 12 R.B.S. Low Deck Tag-Along trailer, or equal; 1 - new 2011 Heavy Duty Land Clearing Brush Cutter Attachment Model DL-66, or equal; 1 - new 201 l Backhoe BH609 Edge/CEattachments, together with 18" digging bucket, or equal; 1 - new 2011 Cold Planer Universal/Coneqtec attachment or equal; The above-listed 3 attachments must all couple to a 2011 Takeuchi-TL240 Rubber Track Loader, and be it further RESOLVED that the appropriation line to be charged for the above purchases will be H.5130.2.300.400. August 16, 2011 Page 15 Southold Town Board Meeting Minutes Vote Record, ReSOlution RES-2011-601 [] 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 A!berl Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [~ ~ [] [] [] Supt Hgwys Appt [] No Action 2011-602 C,'ITEGORY: DEPARTMENT: Equipment Highway Department Purchase of Highway Equipment RESOLVED that the Town Board of the Town of Southold hereby allows the Superintendent of Highways to purchase the following equipment from the New York State Contract: 1 - new 2011 Hyundai 757-9 3.5 Cubic Yard Wheel Loader~ in the amount of $129~160.00 (this purchase to be from the New York State Contract for mid-size wheel loaders: Award #22063/Group 40603/Contract #PC65308) which will be equipped with 1 - Werk-Brau WL3 GB 100-3.5 Grapple Bucket with JRB Coupler Ears and a B.O.C.E. 3- 4 Bolt on Edge~ in the amount of $12,493.65 (this purchase is also to be from the New York State Contract: ~40603, less 15% off Werk-Brau's 2010 price); The combined total purchase amount for the above-described equipment purchases will be $141,653.00, all subject to approval by both the Town Board and Town Attorney; and be it further RESOLVED that the Town Board of the Town of Southold hereby allows the Superintendent of Highways to purchase the following equipment from the Suffolk County Contract, Letting #15-09.4.16: 1 - new Takeuchi-TL240 Rubber Track/Skid Steer Loader~ complete with a general purpose Bucket with Cab & Heat~ along with High Flow Option 1 and Air Conditionim, Option 2~ in the amount of $53~950.00; and be it further RESOLVED that the appropriation line to be charged for all the above will be H.5130.2.300.400. August 16, 2011 Southold Town Board Meeting Minutes Page 16 ~ ¥0te ReCOrd, Resolution RES~2011~o02 [] Adopted [] Adopted as Amended [] Defeated yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn vincent 6;i~hd0 Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Initiator [] Fl [] [] [] Tax Receiver's Appt Alber~ Kmpski Jr. Voter [] [] [] U1 [] Rescinded Louisa P. Evans Voter [] U] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-603 CA TEGOR Y: DEPARTMENT: Property Acquisition Public Hearing Land Preservation PH 8/30/11 ~ 7:36 Pm - Pindar/Damianos Dev Rights RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ August 30~ 2011, at 7:36 p.m. Southold Town Itall~ 53095 Main Road~ Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on propert~ 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. August 16, 2011 Page 17 Southold Town Board Meeting Minutes ~ Vote Record ~ Resolution RES-20ii-603 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder ~ [] El [] [] Supervisor's Appt Cluistopher Talbot Voter 1~ [] [] [] [] Tax Receiver's Appt ~!be~ ~PSki Jr: Voter [] [] El [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] F1 [] [] [] Supt Hgwys Appt [] No Action 2011-604 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Bike-A-Thon RESOLVED that the Town Board of the Town of Southold hereby erants oermission to the Bicycle Shows USA to use the following roads Bike-A-Thon on August 28~ 2011 beginning at 6:30AM: Route 25, Moore's Lane, Route 48, Sound View Avenue, Sound View Avenue Ext., and Chapel Lane, Greenport; Lighthouse Road, Soundview Avenue, Horton' Lane, North Sea Drive, and Kenny's Road, Southold; Mill Road, Peconic; Bridge Lane and Oregon Road, Cutchogue; Oregon Road, East Mill Road, Reeve Road, Grand Avenue, Wickham Avenue, Westphalia Road, Cox Neck Road, Bergen Avenue, and Sound Avenue, Mattituck; Peconic Bay Blvd. and Bay Avenue, Laurel; New Suffolk Avenue, Jackson Street, First Street, Orchard Street, and Fifth Street, New Suffolk; Village Lane, King Street, and Narrow River Road, Orient, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured, submit a Special Events fee for $100.00, a $250.00 clean-up deposit, and notify Chief Flatley, upon receipt of this resolution, to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. Vote Record - Resolution RES-2011-604 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator I~1 [] [] [] [] Supervisor's Appt Christopher Talbot Voter [El [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter ~ [] [] [] [] Town Clerk's Appt Scott Russell Initiator I~ [] [] [] [] Supt Hgwys Appt [] No Action 2011-605 CATEGOR~ DEPARTMEN~ Litigation Town Attorney Retains Frank A. Islet, Esq. as Special Counsel in the Supreme Court, Suffolk County Civil Action August 16, 2011 Page 18 Southold Town Board Meeting Minutes Entitled David Air, ETA1. Iz. Board of Trustees of the Town of Southold, Town Board of the Town of Southold, and Orient Wharf Company RESOLVED that the Town Board of the Town of Southold hereby retains Frank A. Isler~ Esq. as Special Counsel in the Supreme Courh Suffolk County civil action entitled "David Air~ et al. v. Board of Trustees of the Town of Southold~ Town Board of the Town of Southold~ and Orient Wharf Company" under Index No. 11-25432. '/y0te Record - ReSolution RES-201 l~60S ~ Adopted Fl 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 Receivers Appt Albert Krupsk! Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Closing Statements Supervisor Russell SUPERVISOR RUSSELL: What I will do now is offer the opportunity for anybody that wants to address the Town Board on any issue? Please? Either microphone is fine. We just need you to speak into the microphone so they can hear it and transcribe the meeting. Ken Teldaldi, Mill Lane, Peeonic KEN TEDALDI: Ken Tedaldi. I have a summer house on 1900 Mill Lane in Peconic. I was out there two weeks ago and I noticed that you have all these no parking signs at any time and I counted them, there were 64 of them. Now I know what the problem was, it is people parking down by the beach, inch up. But my house is like a halfa mile and then the signs go right up to Sound Avenue. It is just seems excessive. It looks like you are in Queens or something. And it says no parking any time, so if I have somebody over the house for a weekend, they park in the front, are we going to get a ticket? Do you think maybe it was excessive, putting 64 signs for the whole street, where you can maybe start with a couple hundred yards up and see how that works out? Or at least maybe say no parking from June, July, August or something. Put a date. But I just think it was excessive. SUPERVISOR RUSSELL: You know it might be. I went out and looked, I did talk to you on the phone. I talked to other people. I have to tell you, this originated with a petition from a community that said you need to do something about what is a very public and popular asset, which is the beach. The problem is, you needed a beach sticker to park within the parking lot of the beach. People who weren't residents were parking outside of that and just simply walking in. What we have found in the past is as we have restricted parking outside the parking areas, the cars just keep moving farther and farther away but the determination to use the beach is still there. In fact, we just noticed for a public hearing expanding the no parking in an area of Mattituck at Bailie Beach for the very same reason. And we have exceeded the half mile there August 16, 2011 Southold Town Board Meeting .Minutes Page 19 and they are still parking. MR. TEDALDI: More than a halfa mile? SUPERVISOR RUSSELL: Just about. MR. TEDALDI: Because I have never seen any cars up to my house. SUPERVISOR RUSSELL: I will tell you there is, it has presented certain problems, there is no doubt about it. I talked to Pete Harris, Highway Superintendent, today. I talked to Chief Flatley the other day about bringing some measure of solution here. We had a local contractor who was given a parking ticket for parking his truck and trailer in the road while he was cutting someone's grass and I asked him, couldn't you have pulled into the driveway and he said there is no room, the lots are too small. I went out there and looked and he is right. So obviously there is an issue that I think it is probably something the town board might want to consider is having another public discussion, we had a public hearing but it was last winter. Some people say, well, you know what? It was wintertime, we weren't here, although it was a well attended public hearing. The idea is to perhaps maybe have another public meeting to get a sense of the community because we are getting mixed messages. We are getting petitions demanding the no parking and then we are getting, we are putting the signs up and people calling us and saying well, what are you doing? Why are all the signs up? Also, Pete had erected those signs perfectly consistent with state law which requires posting every 125 feet. It seems like many signs but it is completely consistent with state law and he was just trying to honor the law. That is an issue the Town Board will have to discuss. Maybe we should sit down with the Transportation Commission again. I know ChiefFlatley has some concerns about it. We are going to hear him out in a budget hearing in the next few days and hopefully we can get a sense of what is a solution here? We have a community demanding us address the illegal parking or the abuse of the parking for the use of the beach and at the same time, they don't want the no parking in front of their houses. It is almost a darned if you do, darned if you don't. MR. TEDALDI: No, I understand what the whole problem was but does it have to go almost ora mile, right up to North Road? SUPERVISOR RUSSELL: Well, our past experience has been absolutely. The reality is no matter where you stop the no parking, that is where the parking will start. MR. TEDALDI: See, I am halfway. Maybe a ~¼ of a mile. Last year and this year, I have never seen a car in my area. SUPERVISOR RUSSELL: Well, that is because there has been no restriction to parking in the past and we found again, other examples, in Mattituck at Bailie Beach, no matter where you decide to stop the signage, the parking starts. And what we were trying to do with Mill Lane was solve the problem all at one time. We can, you know, revisit the issue, remove the no parking designation but if the cars start showing up, then we are at considerable cost and expense because it is the group of people that don't want the signs today will come in and ask for them August 16, 2011 Page 20 Southold Town Board Meeting Minutes next year. MR. TEDALDI: Well, I can see the people live in the first 200 or 300 yards, a ¼ of a mile, I can see that as a problem. But the whole road? At least, make it seasonal because I think the problem is really a 10 week season, right? SUPERVISOR RUSSELL: It hasn't been our experience. The seasons are getting really long out here, there was a time where a 10 week season but between the fishing and the camping that takes place, it starts very early in the spring and goes very late into the fall. COUNCILMAN KRUPSKI: It is a problem that is taking place along the Sound primarily. MR. TEDALDI: Yeah, because I am at 1900, right in the middle of it. I have never seen cars go that far up. I know it is a problem further down. That was my concern. SUPERVISOR RUSSELL: But there hasn't been a parking restriction in the past. We just posted I think that 400 feet to the south of the parking lot as parking by beach sticker only. Again, past experiences when you do that, then all of a sudden, 401 feet out is where the parking starts. But again, I talked to you, I did tell you I talked to the various people involved. Again, Chief Flatley has expressed some concerns to us, it is a discussion we are going to have with him. We are going to ask Pete and some others to come in and say look, what is a good solution here? How can we resolve this? It is very difficult to have it both ways but we are going to do the best we can and try to strike a balance. MR. TEDALDI: You gave me a good answer. Thank you. SUPERVISOR RUSSELL: Thank you for bringing it to our attention. MR. TEDALDI: Okay. Thanks. James Spanos, Greenport JAMES SPANOS: Hi, my name is James Spanos, I am from East Marion. I wanted to make a proposal for a swimming pool here in Southold Town. I am sure it probably came up before and I wanted to bring it up because I know there is a space that hasn't been utilized and it is the Peconic school on Peconic Lane and my son is from Harrison and there are swim teams up there, there is, my cousin is from Lexington in the suburb of Boston, he was on a swim team his whole life. Now he is going to Princeton. Swimming is very important, I am very saddened that the youth around here don't have swimming as an option for their school. He is very successful, Michael is very successful. He is in Princeton, he is moving forward in politics and law and I was thinking if the town can accept a proposal where we can get the ball rolling for something like that. It can generate a lot of money for the town. I remember Mr. Russell was concerned about that about a year ago, Supervisor, you wanted suggestions from the public to raise money for the town. I think if school budget money can go towards it, we can find some venture capital from private investors that are interested in helping the youth of our community. Also we could generate money from elder swimming, senior swimming, that can be very beneficial for the elderly in our community. It is something that I would like to propose and hopefully the town August 16, 2011 Page 21 Southold Town Board Meeting Minutes can embrace it and we can start the ball rolling. SUPERVISOR RUSSELL: Okay. I will quickly comment that I had actually discussed the issue with several parents when I first became supervisor. One of the stumbling blocks is that municipal pools are extremely expensive. Secondly, municipalities aren't good stewards of pools. It is an expensive proposition for them to nm, they are a money pit wherever they are run on Long Island. The idea of a private/public partnership would be more attractive, to have a not for profit that would be the managing agent for the pool. The problem is the cost. In an economy like this, we would have to go out and offer it up for a referendum to the voters, I don't envision the voters wanting to spend three to five million to build an indoor pool only to turn the management of it over to a managing agent like a non for profit. It is a nice thing, ironically, we can't afford to locate a dog park which we just had a very large discussion on. It is a very expensive proposition for a small town that doesn't have the critical mass to support it. MR. SPANOS: Maybe we can leave it up to the voters and see where they would like to spend their tax money, if they can embrace it, I see a lot of upside. Maybe you don't but I do. I see a lot of... SUPERVISOR RUSSELL: I see the upside, but again, the cost is such a huge downside in this economy but I will let the other Board members .... COUNCILMAN KRUPSKI: I agree with the Supervisor. We have world class beaches out here and the youth should be taking, I know, certainly growing up out here we took advantage of the best beaches in the world out here and... MR. SPANOS: Well, I agree with you. i grew up out here and I love the beaches but that excludes all the youth from competitive swimming, that excludes the youth for any chance of going into diving, swimming, any kind of water polo and any other Olympic sports and the kids around here have nothing. I hate to say it, they have a few PBA mainstream sports but swimming, diving, water polo, even for the elderly, all the benefits of an indoor Olympic size pool and where people can, you know, get a membership there or different groups can rent it out and even have private parties there for swimming parties for pool parties for the kids. You know, once a year they have a pool party. That can generate a lot of money for the town and it is just, I would, maybe the town can leave it up to the voters. I know you don't agree with it and the beaches are phenomenal. COUNCILMAN KRUPSKI: They sure are. MR. SPANOS: They are. But it is not competitive. SUPERVISOR RUSSELL: Well, what I did is I met with this group of parents several years ago and I said look, why don't you see if you can organize a not for profit that would serve as a managing agent so that the town wouldn't be in the business of running a pool but merely as a host to a pool. And if you can get a not for profit up and running and come back to us with a good management plan, I will make a recommendation to the board that we offer up a August 16, 2011 Page 22 Southold Town Board Meeting Minutes referendum at a local election to see if the voters want to spend whatever that cost is. But you need to give me the cost of the construction of that pool and also what the structure of the management arrangement would be. I never heard back from them. I think they found that creating a not for profit in a town that just doesn't have the well of donations that a town like Southampton has, they found it was probably too arduous or too difficult a task to get off the ground. But pools, I have to caution you, it is a great idea, I don't disagree with you, all the attributes you mentioned are 100 percent correct but they are a very expensive proposition. Municipalities have been shedding their ownerships of pools because they are very expensive to mn. They are a very heavily and over-regulated asset for any town to have. MR. SPANOS: Okay. Well, you said something about the people shunning away and leaving the idea of the pool because of price. Well, what about a location? If we do come up with a plan with a not for profit, would the town lease us, at a very reasonable rate, maybe like, a lot of town's give up pieces of their property for like a dollar for 20 years or 100 years so we can do something that can benefit the youth of the area and .... SUPERVISOR RUSSELL: Any not for profit that wants to come before the Town Board with a proposal and a specific recommendation, the Town Board will always play host and be an audience and listen. That was the problem with the YMCA several years ago, was that the YMCA was willing to construct a pool in Laurel but they had one caveat, they wanted the town to grant them or give them the land. That is an unconstitutional gifting. We weren't allowed to do that. MR. SPANOS: We aren't asking to give, we are saying maybe lease it for a year or ..... SUPERVISOR RUSSELL: I know what you are saying. If you do all the legal research and develop all those parameters, the Town Board will have you come and listen to any proposal you want to give us. MR. SPANOS: Thank you very much. I think it will be beneficial if you contemplate to giving some land to, for something that can benefit the youth and the elderly and for health reasons year round. Swimming would be great. Thank you so much for listening to my idea. SUPERVISOR RUSSELL: Benja. Benja Schwartz, Cutchogue BENJA SCHWARTZ: Good evening. Benja Schwarz, Cutchogue. COUNCILMAN ORLANDO: You are dressed for fall already, Benja. Don't be jinxing us. MR. SCHWARTZ: I was here this morning. It was cold. It is 67 now, it was 62 this morning. And i was freezing my a off. Alright? SUPERVISOR RUSSELL: Now I have to go home and poke my minds eye out with a fork. Thank you. I am just joking. August 16, 2011 Southold Town Board Meeting Minutes Page 23 MR. SCHWARTZ: I heard of this thing Southold 2020 and I think we have a parks and recreation chapter coming up. And I, rather than shoot down the idea of a municipal swimming pool, I personally used to love swimming in the creeks here but we have problems with pollution and besides for that it gets a little cold in January and February. You know, when the kids are in school. And I don't see it as an either or proposition, I think a municipal community pool, maybe not even call it a municipal pool. It would be great if an organization would take the leadership on this but if not, I don't see why Southold town government wouldn't consider the possibility and possibly even put out some sort of RFP similar to what Greenport Village put out for the design of Mitchell Park. Not to compare of them but we do have a location at Peconic Lane, we haven't decided how to use it yet and it might be the ideal place for a pool. I probably will never use it but I can see the value of it to the community and I could see it happening at minimal or no cost or even a net profit to the community. If it was done in an appropriate way. So to say that the parents should organize it, good luck. I tried to work with the parents in Southold town. I don't know if their interest is the kids or what but I think that the government has an equal interest in serving all the people, of all ages. Did anybody, because I was at the meeting this morning, I didn't get to watch the Today show. Did anybody hear about on the Today show? Apparently today there was supposed to be something about the North Fork? SUPERVISOR RUSSELL: I think Kathie Lee Gilford attended the wine making university out here. MR. SCHWARTZ: Yeah, I don't know much about that wine making university. Are you familiar with it? SUPERVISOR RUSSELL: Not really and even less so with Kathie Lee Gifford. But I appreciate whenever a star comes before us. MR. SCHWARTZ: I mean, I could probably teach the wine growing, but anyway, it was interesting that that was on network TV and it probably will be impacting this town. Okay. I am sorry I was unable to get to this evening meeting in a timely fashion. Did you all vote to authorize the purchase of a refrigerator truck tonight? SUPERVISOR RUSSELL: No, we tabled that. MR. SCHWARTZ: Oh, you tabled that one. Oh, okay because it was still on the agenda but that was a $9,500 under $10,000 proposal to spend money on a specific, whether it is a truck or a walk-in, some type of facility to cool the deer meat. What about the half million dollar bond proposal... SUPERVISOR RUSSELL: For the MS 4? ! think we just authorized that this evening or a notice for a public heating. Martin? We authorized that tonight, $500,000. MR. SCHWARTZ: And what is that for? SUPERVISOR RUSSELL: There is a host of projects that need to be done, road ends, they need August 16, 2011 Southold Town Board Meeting Minutes Page 24 to be done. Yes, the MS4 compliance. Road ends, stormwater mitigation solutions at several locations in and around Hashamomaque, there is, I believe, some money in there for a project that needs to be done in Willow Point estates. It tries to address the MS4 .... MR. SCHWARTZ: Well, where is the list of projects? Is there, I think I saw something somewhere .... SUPERVISOR RUSSELL: Yes, we had a pretty comprehensive list today at work session. The specifics on what we are going to select for that 500 are going to be subject to a future meeting in the very near future as to what gets done first. COUNCILMAN KRUPSKI: Many of these projects we had planned already. SUPERVISOR RUSSELL: Yes. There are 30 or 40 projects. MR. SCHWARTZ: You authorized borrowing the money but you don't know what you are doing yet? SUPERVISOR RUSSELL: We do know what we are doing. We know we are doing... JUSTICE EVANS: We can't go out to bid until we authorize the bond. SUPERVISOR RUSSELL: We know we are addressing stormwater mitigation and road runoff. Some of that is dictated to us by the MS4 requirements, the TMDL, water bodies and things like that. So we are going to make sure when we spend the money it is consistent with New York state law and federal law. MR. SCHWARTZ: I agree with you that there is a need for addressing water quality issues. Stormwater runoff is one of the major causes of water quality issues in Southold Town, both in the marine waters and in the aquifers... COUNCILMAN KRUPSKI: Groundwater. MR. SCHWARTZ: Our supply of freshwater, which is in the ground. The ground is like a sponge and that holds the water that we drink, other than the water that we pump in from Riverhead town but whether we pump water in our not, we have an interest in protecting the water, the freshwater supply which is part of this town. So I think that stormwater runoff is very important but I have made an effort to find out what is going on, I have seen reports made to New York State that sound mom like dog ate the homework report than specifically what we are going to do. And when I have seen specific proposals, people come to this town and make proposals to contribute money to actually give money to the people of this town for grants to protect the water, I have seen those proposals, the Town Board turning up their nose at those proposals. COUNCILMAN TALBOT: Which one are you specifically talking about? August 16, 2011 Southold Town Board Meeting Minutes Page 25 MR. SCHWARTZ: I am talking about the proposal fi.om the Peconic Estuary program where they said they had a couple hundred thousand in their program... COUNCILMAN TALBOT: Inaudible. MR. SCHWARTZ: And they were looking for a place to make a pilot project, a demonstration program, they wanted to see if they could clean up the Hashomaque watershed and they were going to give grants to property owners on the water and in the watershed across the road... SUPERVISOR RUSSELL: The Town approved that, not only approved that, I think that is already underway. The stewardship and implementation is being done by PEP. MR. SCHWARTZ: I remember when it was first proposed and there was a lot of resistance to it. SUPERVISOR RUSSELL: I don't believe so. I think I was the one that raised an issue with regard to spending tax payer money on creating rain gardens in this economic climate. But I think the rest of the Board supported it wholeheartedly fi.om the beginning so I think your memory is incorrect. Perhaps not as vivid... MR. SCHWARTZ: Well, I remember you saying that I raise a red, I have got to raise a red flag because I cannot support this... SUPERVISOR RUSSELL: I don't .... MR. SCHWARTZ: I remember the rest ofthe Board... SUPERVISOR RUSSELL: Again, your memory is not as vivid as it should be. MR. SCHWARTZ: I remember the rest of the Board was sort of resistant to your opposition but there was no, I never heard that the program was adopted, I never about anything since then... SUPERVISOR RUSSELL: It was not only adopted, it is underway. COUNCILMAN TALBOT: The individual property owners were then going to have to go forward with it, get their own contractors to do the work and they were hoping that they would group together five or ten projects with one contractor... MR. SCHWARTZ: Why are we doing stormwater mitigation? COUNCILMAN TALBOT: Because it is an unfunded mandate from the state. SUPERVISOR RUSSELL: Your memory is not vivid and it is not clear. I raised the issue... MR. SCHWARTZ: No, I remember very clearly. August 16, 2011 Southold Town Board Meeting Minutes Page 26 SUPERVISOR RUSSELL: Councilman Ruland made a very compelling argument in favor of the program and I supported the program based on his very succinct and very compelling argument in favor of it. And that changed my mind. My initial reaction was it seems to be taxpayer money in this economy on private properties didn't seem to be sound but he made a very compelling argument that swayed me and I supported the program and it is already underway. So if you are not aware of it or you know, I am sorry, I will have PEP reach out to you more often and keep you updated as to what they are up to. MR. SCHWARTZ: Thank you very much. And could you clarify what this half a million dollars is being allocated for? COUNCILMAN KRUPSKI: Can I take a shot at that? We have been making a concerted effort for quite a few years now and if you look at the town's drainage code and how, if you look at the origin of road runoff, it is not just the rain that falls on the road and then is directed into our surface waters or into drains which then goes down into the groundwater, a lot of it originates on private property which then runs into the road then becomes road runoff because it accumulates even faster... MR. SCHWARTZ: Absolutely. COUNCILMAN KRUPSKI: Because of the efforts by the Town Board years ago to pass a drainage code and because the building department implements it, we are having less road runoff every year, every time a project is completed. Second of all, the $500,000 has been a, is a number used by the MS4 committee as sort of a, almost like start up money for different road runoff projects. We have got a lot of projects, many of them in Hashomomaque. The projects have been, the plans are in place, we are trying to work that money in with different grants, so it would minimize the financial impact on the town and the town, and the highway superintendent, Pete Harris, is here and he is an important component in all that and in response to his commitment to improving the water quality, he did a lot of work on what kind of equipment he needs to do road improvements going forward to decrease the amount of runoff into our surface waters and that is why we made those purchases tonight for different land moving equipment, earth moving equipment and whatnot, so he can more efficiently do more drainage work for the town. And get the work done in house... MR SCHWARTZ: You are scaring me. COUNCILMAN KRUPSKI: Boo. MR. SCHWARTZ: Well, I have seen some of the projects that have been done and not only weren't they environmentally planned, there was no engineer involved. They were done based on the request of a single homeowner. SUPERVISOR RUSSELL: Those aren't part of the MS4. Those are, the highway department has been in the drainage business for years. The MS4 requirements are actually spelled out, the August 16, 2011 Southold Town Board Meeting Minutes Page 27 work we are doing under MS4, the priorities are set by that act. In other words, the TMDL's the most impaired water bodies, this particular $500,000 will be used for four specific projects that we already have permits pending from the DEC, in and around an area of what is called Laurel Avenue in Southold. In and around up in that area, road ends, we are ripping back, similar to what we did at the end of Harbor Lane in Cutchogue. Which is to rip the road back and to replace what was asphalt with natural plantings and to catch basins... MR. SCHWARTZ: Inaudible. SUPERVISOR RUSSELL: No, I live on Oak Street which is offofHarbor Lane. I have to tell you from personal experience, seeing it in action, it works wonderfully, so I disagree with you that those projects don't work. They are meeting their goal, that is meeting its goal every time it rains. MR. SCHWARTZ: I see what happens at the end of Pequash Avenue, where the storm drains have been put in and they are not being maintained, they are being clogged with leaves but when they do work, they take the rain and they take and they put it in a pipe right out on the beach and they wash out all the sand and then the highway department has to come back every year and replenish the sand where it has washed out from the runoff. Essentially the stormwater management for this town historically has been to dump it off the road, wherever it is going to go, whether it is the marine waters or into the aquifer. I haven't seen any projects that stop the channeling of rainwater flow along the gutters of the road all down to a central point. There is a thing called a swale that absorbs the water, there is planting, there is, you know, the town sends around a mower with a sickle bar I think you call it, I don't know, and just chops everything down on the side of the road. You know, I haven't seen any concern for replacing invasives with native species or there is so much we could do and I am very happy that you are going to borrow money that the taxpayers are then going to pay for in the future to try to make a difference on this issue but I would like to know where that money is being, what the money is being allocated for before it is voted on and the bonds are issued and I just .... COUNCILMAN KRUPSKI: Contact Mark Terry in the Planning Office, he has got the plans there and he can explain to you the different priorities that we have set. MR. SCHWARTZ: I will do that. COUNCILMAN KRUPSKI: And this is an investment in water quality to try to correct the road design, historic road design. MR. SCHWARTZ: Well, it says here as part of the resolution that the estimated period of usefulness for these improvements, these stormwater runoff mitigation improvements is 40 years. How can you estimate that they are going to last 40 years if you don't have the specifics of what the projects are? I just, you know... SUPERVISOR RUSSELL: We have, I will explain it once again, we have the specific projects, engineered plans that have already been reviewed and approved .... August 16, 2011 Southold Town Board Meeting Minutes Page 28 MR. SCHWARTZ: But they are not part of this resolution. SUPERVISOR RUSSELL: ...by the DEC. Permits in hand. COUNCILMAN TALBOT: Benja, I thought that you were here that day when Mark presented it to the Board at the work session. He had all of the detailed plans with him. I think you were here. MR. SCHWARTZ: I reviewed what I was presented. I reviewed what I could find. And a lot of it was boilerplate gobbledegook. Alright, enough of that from me. I hope that it will make a difference for the next 40 years and more, this half a million dollars. Which I don't know how much of that half a million dollars will actually turn into money we have spent or half of it, you know, part of that is the financing cost. So the whole thing to me is very vague. Sorry I missed your meeting last week. I was interested in it. The agenda didn't get up till the day before and it was very sketchy and the video wasn't posted until I think a week afterwards or five days after .... SUPERVISOR RUSSELL: It was a week afterwards today. COUNCILMAN TALBOT: Tomorrow. A week would be tomorrow. TOWN CLERK NEVILLE: It is posted the day after. MR. SCHWARTZ: No, it was not posted the day after. Because I looked for it the day after. A couple of days after I finally looked and it was missing, it was missing and then a few days after, maybe three, four days after, I don't know, it came up that it was there... SUPERVISOR RUSSELL: Do you have anything... MR. SCHWARTZ: But when I clicked on it... SUPERVISOR RUSSELL: Meaningful to talk about? Do you have anything meaningful? MR. SCHWARTZ: Do I have anything meaningful to talk about? SUPERVISOR RUSSELL: I mean for a change. Or is there anything with regard to, I have no doubt if Betty says the meeting was up the next day, it was up the next day. But Fishers Island is an annual meeting, it is more than just a work session of the Town Board, it is a meeting to bring all parties, all levels of government to the people of Fishers Island and listen to their concerns and issues. Issues as small as sidewalk repair to as large as helping them develop a master plan for the island. MR. SCHWARTZ: I understand there was a meeting on the master plan that evening. At the community center. Last week... August 16, 2011 Southold Town Board Meeting Minutes Page 29 SUPERVISOR RUSSELL: On community character. MR. SCHWARTZ: And you told me that there were no Southold Town meetings scheduled for the community center. JUSTICE EVANS: There weren't during the meeting. That was an extra meeting that the Planning Department personnel stayed over. SUPERVISOR RUSSELL: Some of the Planning staff stayed over and presented a separate community character plan to some interested residents that evening. The Board had already leR the island at that point. We, I think, left on the ferry somewhere around 3:00. And the meeting was at 5:30 at the community center over there. JUSTICE EVANS: The Planning staffdid a similar... MR. SCHWARTZ: So it was a coincidence the same day. Look, I am trying to work with you, Scott. I don't understand why you are so... SUPERVISOR RUSSELL: I am trying to get an understanding of what your point is, that is all. I am not... MR. SCHWARTZ: Well, my point about the meeting is that I wanted to know what happened. Would you like to tell us a little bit for the people that were not there and that maybe didn't hear about... SUPERVISOR RUSSELL: Sure, I would certainly encourage them to go watch it on the town's website. But one thing that I found interesting is that Fishers Island has coyotes. That was a very interesting thing, completely unaware of that prior to that meeting. An interesting turn of events on Fishers Island. So we are going to try to help develop some sort of mitigation plan, some sort of eradication plan for that island because apparently coyotes are getting out of hand. I found that quite interesting. MR. SCHWARTZ: Coyotes can be quite dangerous. SUPERVISOR RUSSELL: And cunning. Absolutely. MR. SCHWARTZ: Much more so than deer. Does, so I am glad that you are going to address that. I don't know if you read the comments that I posted on the, I think it was the Suffolk Times website. SUPERVISOR RUSSELL: No, I don't read the website. MR. SCHWARTZ: The coyotes and the experience that they have been having with coyotes in other jurisdictions. August 16, 2011 Southold Town Board Meeting Minutes Page 30 SUPERVISOR RUSSELL: I don't read the website. I am sorry. MR. SCHWARTZ: Well, you used to. You used to post a lot of comments yourself. SUPERVISOR RUSSELL: Specific questions, I would answer specific questions raised by specific people. MR. SCHWARTZ: Well, I appreciated you doing that. I am sorry you stopped. I don't know why you stopped. COUNCILMAN TALBOT: Alright, do you have anything else that is going to pertain to anything that is going on in the town now? This is getting ridiculous. You are up here for 35 minutes almost, Benja. Come on. MR. SCHWARTZ: I have been up here for 35 minutes? COUNCILMAN TALBOT: Yes. MR. SCHWARTZ: It is only 5:20. COUNCILMAN TALBOT: Yes. You got up just before 10 to 5. MR. SCHWARTZ: This meeting started at 4:30. COUNCILMAN TALBOT: Benja, I think you do have a lot of.... MR. SCHWARTZ: This meeting has only been going for... COUNCILMAN TALBOT: it has been endless discussion .... MR. SCHWARTZ: Fifty minutes. That is what you think. COUNCILMAN TALBOT: Well, yes. Because everything seems to be a fight with you, pal. I would rather you offer up some good discussion, which you do sometimes .... MR. SCHWARTZ: Well, I think I have been trying to... COUNCILMAN TALBOT: You are very argumentative today. MR. SCHWARTZ: Oh, I am argumentative? COUNCILMAN TALBOT: I am going to call for a motion to adjourn the meeting. MR. SCHWARTZ: Well, I happen to think that you just raised an issue and attacked me August 16, 2011 Southold Town Board Meeting Minutes Page 31 personally and I would like to bring up the fact that at the work session a couple of weeks ago, you stated that you were not even going to consider suggestions that were made in connection with the master planning meetings because they were just irresponsible and there was no way that you were even going to consider them, regardless of the fact .... COUNCILMAN TALBOT: I don't even know what you are talking about. MR. SCHWARTZ: Well, you said that there were suggestions made to... COUNCILMAN TALBOT: You mean, the suggestions I was talking about... MR. SCHWARTZ: ...to address the traffic .... COUNCILMAN TALBOT: Hold on. When somebody wanted to eliminate the dual lane highway in Mattituck from Love Lane west to Wendy's deli, they wanted to make it a single lane in either direction and I thought that was absurd. MR. SCHWARTZ: And you said that you would not even consider it. COUNCILMAN TALBOT: I wouldn't consider that. MR. SCHWARTZ: Okay, well, but the process is that they make the suggestion, they happen to be a respected member of the community .... COUNCILMAN TALBOT: Well, that is fine. It is the same individual that designed the dog shelter, that is a disaster as well. MR. SCHWARTZ: It is? COUNCILMAN TALBOT: Correct. MR. SCHWARTZ: I didn't hear about that. You said the dog shelter is a disaster? COUNCILMAN KRUPSKI: There are other members, well actually, the public and elected officials that might want to speak, so I don't want to adjourn it until they get a .... MR. SCHWARTZ: Well, I just would like to say, I am going to leave now but I would just like to say that this personal animosity that I am getting from certain members of the Board is inappropriate and unproductive and against the interests of this community, which is the reason that I come here. To try and work with the town and the Town Board, I am not here for myself and I have been called a lot of things but nobody has ever called me irrelevant or stupid and made any sense about that. I am always talking about the issues. My point about the Fishers Island was that the Fishers Island meeting begins and you can go now to the web site and watch it on the web, I don't know if it is on the cablevision or not but it begins with and all I saw was the beginning because the first time I tried to watch it, I couldn't, it wasn't operating properly, August 16, 2011 Southold Town Board Meeting Minutes Page 32 there was a malfunction with the technical equipment but now that it is working, before I came here tonight I watched the first 10 minutes and it was Supervisor Russell thanking all the people who put the meeting together and congratulating all of the people who were there in attendance but you know, there was nobody in the first three rows, so everybody was sitting in the back of the room and I just think we need a lot more people from the community involved and I am not blaming you for that, I am saying that you know, we, this town is under a lot of pressure and we have a lot of problems and I don't believe that they are being addressed sufficiently. Thank you. Supt of Highways Peter Harris PETE HARRIS, SUPERINTENDENT OF HIGHWAYS: Pete Harris, Superintendent of Highways. Just a quick thank you to the Board for you passing the resolutions today for purchasing, going out to bid and purchasing the two pieces of equipment off the state and county contract. I am not going to stay up here long but I have got to give a little rebuttal here to, if anyone for the general population of Southold Town that has never been to Fishers Island, has never attended a Fishers Island Town Board meeting, what you see on the camera, on your television, is just a tidbit of the business that is conducted that day, that every single person from the town, whether it be Town Board members, Highway Superintendent, Town Clerk, building department, planning department, we are greeted at that boat. I mean, we are just, they are just waiting for us to come off the boat to interact with their problems. The Board meeting over there, Benja, is no different than the Board meeting we are standing out right now. These chairs are not filled with taxpayers, okay? Not that the taxpayers like yourself that have concerns, they are not here. It is not that we are not trying to do our job, we are trying to do our job. But to tum around and try to manipulate and pick apart what transpired on Fishers Island, you are not even scratching the surface and I am sorry, because the fact of the matter was, a tremendous amount of business, town business, was conducted that day. that is the day that we go over once a year to meet with the citizenry of Fishers Island. Not like the fact that you are here every two weeks and you have the opportunity to come up here, voice your concerns, ask questions, however, these people, they are doing it once. And to go one step, now I am going to end that. Now I am going to go on the MS4. This plan that the Supervisor, members of the Board spoke about, has been on the books for approximately 1 ½ years, that they have turned around and finally have figured the different locations, strategized the different locations as to where this $500,000 was going to be used to mitigate stormwater mitigation going into Ashomomaque pond, a lot of it is in the Ashomomaque pond area. i know I have seen it. I have seen the locations as to where the work is supposed to be done and it is not a pie in the eye, it is bona fide plan that Mark Terry has been working on for a very long period of time, Jamie Richter who is MS4 coordinator, so to say that you know, you want to know where it is, it is on paper. Believe me, it is on paper. Thank you very much. SUPERVISOR RUSSELL: I would also mention that the public is very aware, they are very engaged, they are very concerned. The fact that they don't come to the meetings doesn't mean they don't have your passion, they have your passion and then some. They also have lives and jobs and families, so this isn't convenient for them to just come and they don't, I think, have as flexible a schedule as you have. But they sure as heck try to find us and let us know, when we are at the IGA or at, and we go out, we seek their input and we get very good attendance when we alter the meetings at the various libraries to accommodate their schedules. August 16, 2011 Southold Town Board Meeting Minutes Page 33 Benja Schwartz MR. SCHWARTZ: I am not here to talk about myself. COUNCILMAN KRUPSKI: I am sorry, before you start, there are also other forums where the public participates and go back to what Pete Hams said about the MS4 program, we have got citizen groups from Goldsmith Inlet, Fleets Neck and New Suffolk who have been extremely active in helping, especially with new pooper scooper law that we enacted because dog waste is a big part of the road runoff problem, that has been documented. And so, these people are, they don't have to sit here in the front row to be active, they are out there, they are out there in the community, they are doing the work on the ground for the town because they, and we really appreciate that. MR. SCHWARTZ: With all due respect, I am not just here in the front row, I am also out there in the community. I am one of the leaders of those groups. Or is not those groups, of those efforts. Where can, Superintendent Harris says that the MS4 proposal for this half million dollar bond is on paper. Can I get a copy of that? Can I see it on the paper? SUPERVISOR RUSSELL: I encourage you to... MR. SCHWARTZ: I will contact Mark Terry but I don't believe, is there something, I don't see anything attached to this resolution specifying what it applies to. SUPERVISOR RUSSELL: Mark Terry will give you the specific plans and we will disclose the DEC permits. MR. SCHWARTZ: Well, can you have him contact me please? You have my contact information. SUPERVISOR RUSSELL: I think that is a little presumptuous on your part. You can reach Mark Terry at the planning office. Or Jamie Richter. MR. SCHWARTZ: Well, I will give Mark a call but I am still waiting for an answer from Pete Harris and .... TOWN CLERK NEVILLE: Benja, I sent you an email. I got a receipt that you received it and read it. Now if you had a question, why don't you... MR. SCHWARTZ: No, I didn't receive it or read it yet. TOWN CLERK NEVILLE: We had the meeting on the 2nd. I sent you an email with the attachments with everything Peter sent me on Friday the 3ra. MR. SCHWARTZ: I will check my email. TOWN CLERK NEVILLE: Please. August 16, 201 t Southold Town Board Meeting Minutes Page 34 MR. SCHWARTZ: I haven't... COUNCILMAN TALBOT: I think you already did and you opened it. You sent back the response. SUPERVISOR RUSSELL: That memory thing that I talked to you before. Can I get a motion to adjoum? Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:35 P.M. ~Eliz~tb6th A. Nevi]l~c '~ Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell