HomeMy WebLinkAboutTB-09/13/2011ELIZABETH 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
September 13,2011
4:30 PM
A Regular Meeting of the Southold Town Board was held Tuesday, September 13,2011 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 September 13, 2011 at rvleeting Hall, 53095 Route 25,
Southold, NY.
I. Reports
1. Justice Rudolph H. Bruer
2. Recreation Department Monthly Reports
3. Justice Louisa P. Evans
4. Island Group - Employee Health Care Plan
5. Justice H. Price Jr
6. Special Projects Coordinator
7. Board of Trustees
8. Zoning Inspector
9. Zoning Board of Appeals
10. Program for the Disabled
11. Land Tracking
September 13,2011
Southold Town Board Meeting Minutes
Page 2
12. Planning Board Monthly Report
II. Public Notices
1. Liquor License Renewals
III. Communications
IV. Discussion
1. 9:00 A.M. - Jeff Standish & Laura Klahre
2. 9:30 A.M. - Jeff Standish
3. 10:00 A.M. - Bob Scott
4. DNA Testing at Goldsmith Inlet
5. Capital One Closing
6. Sale of Surplus Property
7. Traffic Study Request at Rt 48 & Wickham Avenue, Mattituck
8. EXECUTIVE SESSION - Labor
9. EXECUTIVE SESSION - Litigation
EXECUTIVE SESSION
Motion To: Motion to enter into Executive Session
On motion by Justice Louisa P. Evans, seconded by Councilman Albert J. Krupski, Jr., it was
RESOLVED the Southold Town Board hereby enters into Executive Session at 10:36 A.M. for
the purpose of discussing the following matters:
(1) The medical, financial, credit or employment history of a particular person or corporation
or matters leading to the appointment, employment, promotion, demotion, discipline,
suspension, dismissal or removal of a particular person or corporation.
(2) Discussions regarding proposed, pending or current litigation on the following cases:
Hui Hui Yu et al vs. Town of Southold
Sherwood House Vineyard
Nocro, Ltd. And the Heritage at Cutchogue, LLC vs. the Town of Southold
September 13,2011
Southold Town Board Meeting Minutes
Page 3
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Albert Krupski Jr., Councilman
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
Motion To: Motion to exit from Executive Session
On motion by Justice Louisa P. Evans, seconded by Councilman Vincent Orlando, it was
RESOLVED the Southold Town Board hereby exits from this Executive Session at 12:18 P.M.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Vincent Orlando, Councilman
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
Town Clerk Elizabeth Neville
There were no resolutions placed on the agenda as a result of this Executive Session.
Pledge to the Flag
Ooenin~ Statements
Supervisor Scott A. Russell
SUPERVISOR RUSSELL: Please rise and join me in the Pledge of Allegiance to the Flag.
Thank you. I would like to invite anybody that would like to comment on any of the agenda
items to please feel free to come up now. (No response)
Minutes Approval
RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated:
Tuesday, August 02, 2011
Vote ReCOrd - Acceptance of Minutes for August 2~ 2011 7:30 PM
Yes/Aye No/Nay Abstain Absent
William Ruland Voter [] [] [] []
[] Accepted Vincent Orlando Voter [] [] [] []
[] Accepted as Amended Christopher Talbot Seconder [] [] [] []
[] Tabled Albert Kmpski Jr. Voter [] [] [] []
Louisa P, Evans Initiator [] [] [] []
Scott Russell Voter [] [] [] []
RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated:
Tuesday, August 16, 2011
September 13,2011 Page 4
Southold Town Board Meeting Minutes
Vote Record: Acceptance Of Minutes for August 16, 2011 4:30 PM
Yes/Aye No/Nay Abstain Absent
William Ruland Voter [] [] [] []
[] Accepted Vincent Orlando Voter [] [] [] []
13 Accepted as Amended Christ0Pher Talbot Seconder [] [] [] [3
[] Tabled Albert Krupski Jr. Voter [] [] [] 13
Louisa P. Evans Initiator [] [] [] []
Scott Russell Voter [] [] [] []
V. Resolutions
2011-628
CA TEGOR Y: Audit
DEPARTMENT: Town Clerk
Approve Audit
RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated
September 13~ 2011.
Vote R~rd ~ Resolution RESt2011.628
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Voter [] [3 [] []
[] Withdrawn Vincent Orlando Voter [] [] [] []
[] Supecvisor's Appt Chri~tnpher T~ib0t Seconder [] [] [] []
[] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] []
[] Rescinded Louisa P. Evans Initiator [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-629
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
7:30 PM on Tuesday, September 27~ 2011 at the Southold Town Hall, Southold, New York
vote Record 2 Resolution RES=2011-629
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Vincent Orlando voter [] [3 r3 []
[] Supervisor's Appt Christopher Talbot Seconder [] [] [] []
[] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] []
[] Rescinded Louisa P. Evans Initiator [] [3 [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
El Supt Hgwys Appt
[] No Action
September 13,2011
Southold Town Board Meeting Minutes
Page 5
2011-630
CA TEGOR Y:
DEPARTMENT:
Budget Modification
Police Dept
Budget Modification - Police Department
Fiscal Impact:
To appropriate money to cover the Bay Constable Vehicle Maintenance & Repairs Line due to a fuel
pump repair and the Police Radar/Equipment Maintenance Line for repairs to radios.
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General
Fund Whole Town budget as follows:
From:
A.3130.4.600.200
A.3120.4.400.650
A.3020.4.400.600
To:
A.3130.4.400.650
A.3120.4.400.600
Bay Constable, C.E.
Misc., Dues & Subscriptions $500
Police, C.E.
Vehicle Maint. & Repairs $656
Public Safety Comm, C.E.
Equipment Maint. & Repairs $220
Total $1,376
Bay Constable, C.E.
Vehicle Maint. & Repairs
Police, C.E.
Radar/Equipment Maint.
Total
$1,156
$220
$1,376
Vote Record - Re~olution RES-2011-630
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Initiator [] [] [] []
[] Withdrawn Vincent orlando Seconder [] [] [] []
[] Supervisor's Appt ChristoPher Talbot Voter [] [] [] []
[] Tax Receiver's Appt Albert Krupski Jr, Voter [] [] [] []
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [3 [] []
[] Supt Hgwys Appt
[] No Action
2011-631
CATEGORY:
DEPARTMENT:
Budget Modification
Police Dept
Budget Modification - Police Department
Fiscal Impact:
September 13,2011 Page 6
Southold Town Board Meeting Minutes
To appropriate money to cover sick earnings paid out to a retired Police Officer.
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.3120.1.100.400
Contingent, Police Retirement Reserve $40,000
Police, P.S., Sick Earnings $40,000
vote ReCOrd - ResolUtion p..E~20ti¢631
[] 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 AJb~ ~p~ki jrl S~onder [] [] [] []
[] Rescinded Louisa P. Evans Voter lEI : [] [] []
[] Town Clerk's Appt ~ [] El []
Scott Russell Voter
[] Supt Hgwys Appt
[] No Action
2011-632
CATEGORY:
DEPARTMENT:
Budget Modification
Human Resource Center
Budget Mod for Inoculations
Fiscal Impact:
To redistribute funds for employee inoculations. To modify funds into the inoculation account for
employee Hep C inoculations.
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011
General Fund Whole Town budget as follows:
From:
Appropriations
A.6772.4.600.$00
A.6772.4.600.100
To.'
Appropriations
A.6772.4.600.450
Programs for the Aging
Miscellaneous
Seminars and Training
Miscellaneous
Advertising
Programs for the Aging
Inoculations
$1000.00
$ 300.00
$1300.00
September 13,2011 Page 7
Southold Town Board Meeting Minutes
Vote Record - Res~lutlon RE~-2011-6~2
[] Adopted
[] Adopted as Amended
[] Defeated Yes/A~e No/Nay Abstain Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Vincent Orlando Seconder r~ gl [] []
[] Supervisor's Appt Christopher Talbot Voter [] [] [] []
[] Tax Receiver's Appt Albert ~PSki Jr, initiator [] [] [] []
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] [3
[] Supt Hgwys Appt
[] No Action
2011-633
CATEGORY:
DEPARTMENT:
Budget Modification
Police Dept
Budget Modification- Police Department
Fiscal Impact:
Donation received by the Police Department to be put towards the Office Equipment/Chairs budget line.
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General
Fund Whole Town budget as follows:
To:
Revenues:
A.2705.40
To:
Appropriations:
A.3120.2.200.200
Gifts & Donations
Office Equipment/Chairs
$25O
$250
Vote Record a Resolution RES-2011-633
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Vincent Orlando Voter [] [] [] []
[] S upervisor's Appt ~bris~p~ Tai~t Seconder [] [] [] []
[] Tax Receivers Appt Albert Krupski Jr. Voter [] [] [] []
[] Rescinded Louisa P. Evans Initiator [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-634
CATEGORY:
DEPARTMENT:
Budget Modification
Accounting
Create Capital Budget for DPW Storage Building
September t3,2011
Southold Town Board Meeting Minutes
Page 8
Fiscal Impact:
Create a capital budget for the DPW storage building (to be "purchased"from Solid Waste District)
WHEREAS the Town Board of the Town of Southold has included $50,000 in the 2011 Capital
Budget for a Storage Building for the Department of Public Works to be purchased from the
Solid Waste District, and
WHEREAS the Town's Capital Budget process requires a resolution to formally establish a
Capital Budget item in the Capital Fund, now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
establishment of the following Capital Proieet in the 2011 Capital Fund:
Capital Project Name: DPW Storage Building
Financing Method: Transfer from the General Fund Whole Town
Budget: Revenues:
H.5031.37 Interfund Transfers $50,000
Appropriations:
H.1620.2.500.900 DPW Storage Building
$50,000
Vote Record - Resolution RES-2011-634
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye NoFNa~ Abstain Absent
[] Tabled William Ruland Seconder [] [] : [] []
[] Withdrawn Vincent Orlando Voter [] [] [] []
[] Supervisor's Appt Christopher Talbot Initiator [] [3 [] []
[] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] []
[] Rescinded Louisa P. Evans Voter [] [] [] [2]
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-635
CATEGORY:
DEPARTMENT:
Refund
Planning Board
Planning: RefundFee
Fiscal Impact:
The applicant withdrew the subdivision application and requested a refund. The application had not yet
been reviewed or processed by the Planning Board.
Resolved, that subdivision application fees paid to the Town totaling $1,750 be refunded to the
applicant, Eric David Heacock and Caren A~ Heacock. The application has been withdrawn by
the applicant.
September 13,2011 Page 9
Southold Town Board Meeting Minutes
~ v0te Record. ReSOlution RESt2011-635
[] Adopted
r~ Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Initiator [] [] [] []
[] Withdrawn Vincent Orlando Seconder [] [] [] []
[] Supervisor's Appt christopher Talbot Voter [] [] [] []
[] Tax Receiver's Appt A!be~ ~PSk! Jr' Voter El [] U1 []
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-636
CATEGORY:
DEPARTMENT:
Authorize to Bid
Highway Department
Re-BM Highway Equipment
RESOLVED the Town Board of the Town of Southold hereby rejects the bid received for the
Highway Equipment purchase as only one partial bid was received, and be it further
RESOLVED the Town Clerk is hereby authorized and directed to re-bid for the Highway
Equipment with amendments to the specifications as authorized by the Superintendent of
Highways.
Vote Record - ResolUtion RES-2011-636
[] Adopted
[] Adopted as Ameaded
[] 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 ~P~k! Jr. Seconder ~ [2 [] []
[] Rescinded Louisa P. Evans Voter [~ [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-637
CA TE GO R Y:
DEPARTMENT:
Contracts, Lease & Agreements
Town Attorney
Authorizes and Directs Supervisor Scott A. Russell to Execute the Westlaw Order Forms Between the
Town of Southold and West Group Regarding a 36-Month Agreement for the Government Select PRO
Plan for the Town Attorney's Office in Connection with Legal Research, On-Line CLE Classes for All
Attorneys, and All Legal Books
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Westlaw Order Forms between the Town of
Southold and West Group regarding a 36-month agreement for the Government Select PRO
Plan for the Town Attorney's Office in connection with legal research, on-line CLE classes for
September 13,2011
Southold Town Board Meeting Minutes
Page 10
all attorneys, and all legal books at a cost of $799.00 per month, which will provide a 50%
discount on all print subscriptions, subject to the approval of the Town Attorney.
vote Record . Resolafl6n RES-20i 1~7
[] Adopted
[] Adopted as Panended
[] Defeated Yes/Aye No/Na Abstain Absent
[] Tabled William Ruland Voter Fl [] ~ F1 []
[] Withdrawn Vincent Orlando Seconder [] [] [] []
[] Supervisor's Appt Clxristopher Talbot Voter [] [] [] []
[] Tax Receiver's Appt Albert Kxupsk! Jr. h~itiator [] [] [] []
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] F1 []
[] Supt Hgwys Appt
[] No Action
2011-638
CA TEGOR ~
DEPARTMENT:
Free Woodchips
Landfill Misc.
Solid Waste Management District
WHEREAS the yard debris being delivered to the compost facility as a result of Hurricane Irene
is likely to result in an over abundance of woodchips, it is hereby RESOLVED by the Town
Board of The Town of Southold that the price of single-ground woodchips only shall be reduced
to $0 per ton/cubic yard (from $4) until further notice.
Vote Record - Resolution RES-2011-638
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Vincent Orlando Seconder [] [] [] []
[] Supc~rvisor's Appt Christopher Talbot Voter [] [] [] []
[] 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
2011-639
CA TE GO R Y:
DEPARTMENT:
Budget Modification
Highway Department
Highway Dept - Budget Modification
Fiscal Impact:
The reason for this budget modification is due to the fact that the above line item(,9 need to be increased
as there is insufficient funding in this line item(s).
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 Highway
Fund Part Town budget as follows:
September 13,2011
Southold Town Board Meeting Minutes
Page 11
From:
DB.5110.1.100.100
DB.5110.1.100.200
To:
DB.5140.1.100.100
DB.5140.1.100.200
General Repairs, F-T Regular Earnings $ 8,810
General Repairs, F-T Overtime Earnings 27,074
Total $ 35,884
Brush, Weeds/Misc., F-T Regular Earnings $ 8,810
Brush, Weeds/Misc., F-T Overtime Earnings 27,074
Total $ 35,884
Vote Reeord ~ Re~olution RES-2011-639
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Vincent Orlando Voter [] [] [] []
[] Supervisor's Appt Christopher Talbot initiator [] VI F1 []
[] Tax Receivex's Appt ~i~ ~ VI
[] Rescinded Louisa P. Evans Seconder [] [] [] []
[] Town Clerk's Appt Scott Russell Initiator fi] [] [2 []
[] Supt Hgwys Appt
[] No Action
2011-640
CA TE GO R Y:
DEPARTMENT:
Budget Modification
Solid Waste Management District
SWMD Budget Mods
Fiscal Impact:
Cover cost of 966 differential rebuild; Rental of replacement machine; purchase and installation of
generator connection for diesel tank; overdrawn lines for pickup maint/966 supplies/jpropane fuel.
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 Solid
Waste Management District budget as follows:
From:
SR 9010.8.000.000 (Employee Retirement Benefits)
SR 8160.4.100.650 (Town Garbage Bags)
SR 8160.4.400.840 (Hazardous Waste Removal)
TOTAL:
To:
SR 8160.4.400.655 (Repairs CAT 966 Loader)
SR 8160.4.400.910 (Equipment Rental)
SR 8160.4.100.800 (Maint/Facilities & Grounds)
SR 8160.4.100.622 (Maint/350 Pick Up)
SR 8160.4.100.551 (MaintJSupply CAT 966)
SR 8160.4.100.210 (Propane Fuel)
TOTAL:
$15,500
4,300
9,000
$28,800
$18,500
8,500
8OO
100
4OO
5OO
$28,800
September 13,2011 Page 12
Southold Town Board Meeting Minutes
Vote ReCOrd ~ R~Sol~li0n RES-2011~640
[] Adopted
[] Adopted as Ameaded
[2] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Initiator [] [] [] []
[] Withdrawn Vincent Orlando Seconder [] [] [] []
[] Supervisot's Appt ~hfis~ppber Talbo~ Voter [] [] [] []
[] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] []
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-641
CATEGOR~
DEPARTMENT:
Bid Acceptance
Public Works
Deer Management 2011
Fiscal Impact:
Purchase a used insulated/refrigerated 12' truck body for the Southold Town Deer Management Program
(The funds for this purchase are in A.1620.2.300.200)
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of
S.A.V Truck Center~ Inc.~ 1104 Route 109~ Farmingdale, NY 11735-4723 to supply the
Town of Southold with used 12' insulated and refrigerated truck body with electric
Thermo-King refrigerator unit~ with new 220-volt electric motor in the amount of $6,400, all
in accordance with the Town Attorney.
Vote Record - Resolution RES-2011-641
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Voter [] [] [2] []
[] Withdrawn Vincent Orlando Initiator [] [] [] []
[] Supervisor's Appt Cbristopher Talbot Voter [] [] [] []
FI Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [3 []
[] Rescinded Louisa P. Evans Voter [] [] [3 []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
Comments regarding resolution 641
COUNCILMAN ORLANDO: By the way, resolution 641 is for the deer management, that
refrigerator trailer will be parked down by the Rec center again this season.
2011-642
CA TE G OR Y:
DEPARTMENT:
Equipment
Solid Waste Management District
Repairs to CAT 966 Loader
September 13, 2011
Southold Town Board Meeting Minutes
Page 13
WHEREAS a major malfunction occurred to the front differential and internal brake system of
the Solid Waste Management District's (SWMD) CAT 966 Payloader during Hurricane Irene
cleanup operations; and
WHEREAS the CAT 966 is critical to the efficient processing of storm debris delivered to the
Town's compost facility; and
WHEREAS the SWMD has rented a replacement machine for a period of one (1) month and
wishes to avoid extension of said rental; and
WHEREAS the 966 was transported to HO Penn Machinery, Inc. for damage assessment where
it still resides; and
WHEREAS attempts to locate a rebuilt differential for installation on the 966 have been
unsuccessful; and
WHEREAS it is nonetheless advisable and preferred that due to time constraints and quality of
workmanship the 966 be repaired by an authorized Caterpillar heavy equipment dealer and HO
Penn is the only such dealer on Long Island, it is
RESOLVED that the Town Board of the Town of Southold hereby authorizes the repair of the
front differential and brake assemblies of the CAT 966 Payloader owned by the Solid Waste
Management District at a cost of approximately $19,460.
Vote Record - ResolUtion RES-2011-642
[] Adopted
[] Adopted as Amended
[] Defeated V~s/Aye No/Nay Abstain Absent
[] Tabled William Ruland Voter I~l [] [] []
[] Withdrawn Vincent Orlando Seconder [] [] [] []
[] Supervisor's Appt cllriSt0pber Talbot Voter [] [] [] []
[] Tax Receiver's Appt A!b~ ~PSki Jr. Initiator [] [] El []
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter ~ [] [] El
[] Supt Hgwys Appt
[] No Action
Comments regarding resolution 642
SUPERVISOR RUSSELL: Let me just say, before you go on, I have been overwhelmed with
emails and correspondence from the public, they are just absolutely just thrilled with the
response from the highway department, the department of public works and solid waste district.
All employees who came on hand to help with the storm debris, keeping the roads open. I want
to congratulate Pete Harris for a job very well done. LIPA they weren't so much impressed with
but the highway department, under Pete Harris' leadership did an absolutely outstanding job.
COUNCILMAN RULAND: Scott, I would like to comment further on 642, I was involved with
Jim Bunchuk in trying to run down, because he had called me and asked about what the options
were and I had suggested to him that we look for a rebuilt assembly to just put it in. And of
September 13,2011
Southold Town Board Meeting Minutes
Page l4
course, it was problematic in that the machine already had been transported to HO Penn for its
forensic diagnosis but I think the one thing that everyone shouldn't lose sight of the fact is that
this is a $150,000 machine and while it is a major repair and it may or may not have been able to
be avoided, the equity is still there and it has to be repaired.
SUPERVISOR RUSSELL: Absolutely.
2011-643
CATEGORY:
DEPARTMENT:
Committee Resignation
Town Clerk
ABTF Resignation
RESOLVED the Town Board of the Town of Southold hereby accepts the resignation of
Elizabeth H Murphy as a member of the Anti-Bias Task Force, effective immediately.
~' V0te Re~0x, d ~ Resoluti0n ~-20! 1~643
[] Adopted
[] Adopted as Amended
[] Defeated yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Vincent Orlando Voter [] [] [] []
[] Supervisor's Appt Christopher Talbot Seconder [] [] [] []
[] Tax Receiver's Appt A!be~ ~PSk! Jr. Voter ~ [3 [] []
[] Rescinded Louisa P. Evans Initiator [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-644
CA TEGOR Y:
DEPARTMENT:
Close/Use Town Roads
Town Clerk
Traffic Control for Mattituck Presbyterian Church's Summerfest
Fiscal Impact:
126.64
RESOLVED that the Town Board of the Town of Southold hereby grants assistance to the
Mattituck Presbyterian Church in the way of Traffic Control for a Summerfest to raise funds in
support of St. John's Place homeless program, on Saturday, September 17, 2011 from 10:00 am
to 4:00 pm at the Community Christian Fellowship Church located near Wickham Avenue and
Route 48, Mattituck, provided Chief Flatley approves the use of police department manpower for
this event and they file with the Town Clerk a One Million Dollar Certificate of Insurance
naming the Town of Southold as an additional insured. Any fees associated with this approval
shall be waived. Support for this event is for this year only, as the Town Board continues to
evaluate the use of Town roads.
September 13,2011
Southold Town Board Meeting Minutes
Page 15
~' Yore Record -ReSOlution RES-2011444
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Vincent Orlando Vote* [] [] [] []
[] Supervisor's Appt Christopher Talbot Initiator [] [] [] []
[] Tax Receiver's Appt Albe~ Kmpski J~i Voter ~ F1 FI []
[] Rescinded Louisa P. Evans Seconder I~l [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [3 []
[] Supt Hgwys Appt
[] No Action
2011-645
CATEGORY: Local Law Public Heating
DEPARTMENT: Town Attorney
LL/Firefighters Exemp - Unremarried Spouses
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 13th day of September, 2011, a Local Law entitled "A Local Law in
relation to Exemption for Unremarried Spouses of Volunteer Firefighters or Ambulance
Workers" now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 11th
day of October, 2011 at 4:35 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 Exemption for Unremarried
Spouses of Volunteer Firefighters or Ambulance Workers" reads as follows:
LOCAL LAW NO. 2011
A Local Law entitled, "A Local Law in relation to Exemption for Unremarried Spouses of
Volunteer Firefighters or Ambulance Workers".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
The Town Board of the Town of Southold seeks to clarify the present law that allows
unremarried spouses of volunteer firefighters or ambulance workers the maximum
exemption from Town-imposed taxes available under New York State Law. There are
two distinct categories for eligibility under this Section:
1. deceased members enrolled for five years and killed in the line of duty; and
2. deceased members enrolled for at least twenty years.
September 13,2011 Page 16
Southold Town Board Meeting Minutes
II. Chapter 245 of the Code of the Town of Southold is h~reby amended as follows:
§245-13. Unremarried spouses of deceased volunteer firefighters or ambulance workers
Any exemption granted under §245-11 to an enrolled member of an incorporated volunteer fire
company, fire department, or incorporated volunteer ambulance service shall be extended to such
deceased enrolled member's unremarried spouse; prc;'i~e~, hc. we~.'er, that: under the following
circumstances:
D.
E.
B.
1.
Members of an incorporated volunteer fire company, fire department, or incorporated
volunteer ambulance service killed in the line of duty; provided, however, that:
A. 1. Such unremarried spouse is certified by the authority having jurisdiction for the
incorporated volunteer fire company, fire department or incorporated volunteer
ambulance service as an unremarried spouse of a deceased enrolled member of
such incorporated volunteer fire company, fire department or incorporated
voluntary ambulance service who was killed in the line of duty; and
Such deceased volunteer died in the line of duty and had been an enrolled member
for at least five years; and
Such deceased volunteer had been receiving the exemption prior to his or her
death; o~
and
Deceased members of an incorporated volunteer fire company, fire department, or
incorporated volunteer ambulance service; provided, however, that:
Such unremarried spouse is certified by the authority having jurisdiction for the
incorporated volunteer fire company, fire department or incorporated volunteer
ambulance service; and
2. Such deceased member had been enrolled for at least 20 years; and
3. Such deceased member and unremarried spouse had been receiving the exemption
prior to his or her death; and
The governing body of a school district adopts a resolution after a public hearing
providing for the exemption regarding school district purposes.
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.
September 13,2011 Page 17
Southold Town Board Meeting Minutes
vote ReCOrd - Resolution RES-2011-645
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye N0~Nay Abstain Absent
[] Tabled William Ruland Initiator [] [] [] []
[] Withdrawn Vincent Orlando Seconder [] [] : [] []
[] Supervisor's Appt Christopher Talbot Voter [] [] [] []
[] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] []
[] Rescinded Louisa P. Evans Voter [] El : [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-646
CATEGORY:
DEPARTMENT:
Property Usage
Town Attomey
County/Town Property for Deer Management
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A Russell to forward a proposal to the Suffolk County Parks and Recreation
Committee Chairperson for the inclusion of County owned and County/Town owned parcels in
the Town of Southold's Deer Management assistance program to help manage high density deer
herds throughout the town, subject to the approval of the Town Attorney.
Vote Record - Resolution RES-2011-646
[] 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 A!I>eft Kmpski Jr: Seconder [] [] [] []
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-647
CATEGORY:
DEPARTMENT:
Contracts, Lease & Agreements
Town Attorney
Authorizes and Directs Supervisor Scott A. Russell to Execute the Modification Agreement Form Between
the Town of Southold and the New York State Department of State in Connection with a Budget
Amendment
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Modification Agreement Form between the
Town of Southold and the New York State Department of State in connection with a Budget
Amendment to cover the costs of outside consultant services in the sum of $300.00 for
September 13,2011
Southold Town Board Meeting Minutes
Page 18
Agreement #C-006789 (Planning and Development of Southold Town Code Revisions), subject
to the approval of the Town Attorney.
vote R~Ord - Re"~oiutlgn RES-2011-647
1~ Adopted
[] Adopted as Amended
[] Defeated ~s/~e N0~aY Abstain Absent
[] Tabled William Ruland Voter r~ [] [] []
[] Withdrawn Vincent Orlando Seconder [] [] [] []
[] Supervisors Appt Christopher Talbot Voter [] [] [] []
[] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] []
I"l Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter ~ [] [] []
[] Supt Hgwys Appt
[] No Action
Closing Statements
Supervisor Russell
SUPERVISOR RUSSELL: That concludes the agenda. I would invite anybody that would like
to address the Town Board to please feel free to do so now on any issue.
COUNCILMAN ORLANDO: We don't recognize James with his new haircut.
James Spanos, Greenport
JAMES SPANOS: It felt good this summer. I donated 11 inches for locks to love. I did it twice
before as well and I will do it again.
COUNCILMAN ORLANDO: Good for you.
COUNCILMAN KRUPSKI: Nice.
MR. SPANOS: I wanted to also say what a wonderful job highway department is doing and I
was wondering if the Board threw around reinstating the fall pickup because I know we cut it
and the hurricane season is not over yet. It would be unfortunate for another hurricane to come
in and mess everything up again and maybe have to do this all over again and waste manpower.
Did you, Mr. Russell or any other Board member, contemplate reinstating the fall pickup?
SUPERVISOR RUSSELL: There is no allocation in the budget for a fall cleanup beyond a leaf
cleanup which it is still very much, the town did not do away with the fall leaf cleanup. That is
still in the budget. There is no budget allocation for a fall brash cleanup. The spring brash
cleanup is what the budget paid for this year. The fall would be restricted to just leaves. We
have a unique circumstance with Irene, of course we are doing a town wide cleanup of the debris
now. If we have another hurricane and we have more debris, it is an issue that we will address at
that time.
MR. SPANOS: Okay, also as far as figuring out how we would reinstate things for the citizens
like the fall brush pickup and maybe look into other areas of the town to make cuts to allow
something as important as the brush pickup to happen. I know you reinstated the beach cleanup
September 13,2011
Southold Town Board Meeting Minutes
Page 19
because people were messing up the beach and then we had to have everybody go out there to
put it up, so I know you put the cans back on the beach and that was something that was good
and hopefully in the future we can think about that. but I also wanted to make a point, how
important it is for these meetings to go on and the public to come in here and speak on matters
and give ideas, so I know it gets frustrating when some people go on and on and on and it gets
annoying but I wanted to just make that point, the public shouldn't be intimidated to come in
here, they should come in here and they should make their point and how silly it may sound
because this is our time, the citizens to come in here and address the town and the town can listen
to us and I want to remind everybody up there, you are elected officials and I hope that you
respect everybody that comes up here before you with any idea, even if it is as silly as you know,
putting a toy on top of this roof.
SUPERVISOR RUSSELL: I would agree. I actually think this Board has been unprecedented in
its effort to get public input. We have hosted numerous public meetings, we have had hamlet
based meetings in Mattituck and every hamlet out here, so I think we have done a lot to try to
encourage public participation in the process. But I agree.
MR. SPANOS: Okay, great. So since you agree on that, I don't see one of a major player here
today and that is Benja Schwartz. And something happened in the last meeting that was very
disturbing. Unfortunately I left with my son before that whole incident happened and I didn't get
to analyze exactly what happened in this room but a lot of people told me that it was very
offensive and I don't see him here today.
SUPERVISOR RUSSELL: He was at work session today. For most of the work session.
MR. SPANOS: Oh, good. So I hope to see him here in the future. Was there an apology for
what happened last week or are we just going to move on and just ....
SUPERVISOR RUSSELL: What is the specific issue?
MR. SPANOS: Well, the issue was there was something you spoke about that people coming in
here might have a schedule that is a leisure time schedule or, it was almost, I will pull the
minutes and bring them next week.
SUPERVISOR RUSSELL: Okay.
MR. SPANOS: But it was almost like intimidating and saying that people that come here aren't
as important as people that are in groups or associations or lobbies in the area. And
unfortunately, you know, that is unconstitutional. Everybody that comes in here is very
important, they all count as a vote and it should be looked over and like I said, as silly as it may
sound, everybody needs to listen to every person that comes up here.
SUPERVISOR RUSSELL: I would agree. I think you mischaracterize the exchange, I believe.
It was Mr. Schwartz that was chastising the public for not coming and speaking and I explained
that many of these people do get their voices heard, they might not be able to make it to a Town
September 13,2011
Southold Town Board Meeting Minutes
Page 20
Board meeting on a specific Tuesday night but they do reach out, we encourage it. Just because
they are not here talking when the cameras are rolling doesn't mean that they don't participate in
the process. I believe it was him at the time that lamented the fact that people don't participate
and I corrected him, I told him that people participate with regularity. They just do it in different
ways. Many people volunteer for the committees we have, many people take time to shoot
emails, call, letters with suggestions, I think this is a very good and engaged public in this
community who pays attention to all the issues of this community.
MR. SPANOS: That is good and I hope it continues because and especially coming here during
the work sessions. I know people are working, I can't make the work session but I, that is the
most important time because things are getting passed and people are voting up there and that is
the most important part, believe it or not. These work sessions, for the public to be aware of
everything that gets passed through this room and keep an eye on you guys, even though we love
you so much, to make sure everything goes smooth.
COUNCILMAN KRUPSKI: No, you are right. I mean, public participation is very important,
we make a lot of important decisions here and when we spend money, we are spending your
money and so we need input and we value the public's input. We all do.
MR. SPANOS: Great. That is about it. Thank you so much for your time.
SUPERVISOR RUSSELL: Thank you.
Councilman William P. Ruland
COUNCILMAN RULAND: I would like to comment to your remark about storm cleanup.
Certainly I agree with you and I agree with the assessment that most people have said regarding
the highway department and what it took to get the roads open in the face of somewhat of
adversity, especially with the relation of the power company and the downed lines. It created a
real challenge for the employees. I think one thing that the Supervisor failed to mention and it is
important is there is a big difference between the community being able to put itself back on its
feet after a major storm event like this and an ordinary fall brash cleanup. It would be my
opinion and if, as you say, another storm were to come in two weeks, I would agree with the
Supervisor whole heartedly that the Town Board would have to look and say there has to be a
way that we are going to have to clean up and move on because if the public health and safety
are at risk, we are obligated to find a way to make it happen. What he failed to say is that is that
the Town of Southold like many other communities, has gathered and is gathering information
and is submitting for FEMA reimbursement on storm related expenses. Whether or not we get
any, who knows? If FEMA has any money or not but I think the fact the Supervisor's office has
worked diligently to get the information together and is waiting for the documentation to make
the submissions and that as in the nor'easter that took out town beach and through the
perseverance of several of the town departments and certainly at the leadership of the
Supervisor's office, information was collected, submitted on a timely basis and FEMA
reimbursement will be forthcoming for a vast majority of the expenses that the town hadn't
planned on, wouldn't plan on because it was an event that you just don't plan for events like that.
and I think that holds true specifically for the future. The difference between that and an
organized fall brush cleanup, your comment was how would the public be heard to have
September 13,2011
Southold Town Board Meeting Minutes
Page 21
something like that reinstated? We will have and continue to have budget meetings as the budget
season has just started to unroll into the draft form, the supervisor's draft budget is due at the end
of the month and from that point forward, we are going to be reviewing all the departments, we
are going to have budget meetings and then finally a budget hearing and people will have the
opportunity all along the way to make a comment about how strongly they feel about anything
that is in or could be in the town budget, whether it is brush removal or something else and I
think that everybody should understand that, that is not just, there is give and take but there are
constraints and Scott, I am certain would be willing to talk about the state imposed 2 percent tax
cap that is going to have profound affects on local governments that have pared their budgets
back to bare bones, especially the budget that we are operating this year and looking forward to
2012, to a budget revenue side that the revenues are not sufficient for mortgage tax and sales
taxes and the very things that municipal governments have relied on in the past for part of the
funding other than the property tax and when you roll all of that in and then take fixed expenses
and put against it, it is an extremely difficult job to come in at 2 percent or less. Especially when
some of those costs are fixed and mandatory. So it is going to be a real challenge and people in
some areas may be somewhat disappointed if not everything can be included in the 2012 budget
but I think, I know I am willing to look at everything and I think as we should and this Board
certainly has certainly in the past, look at every item. It takes, it is a voluminous document and
when you go through page by page and looking item by item and questioning department heads
about do you really need this or is think something that you would like to have or do you really
need it and why do you really need it and it is not personal in any department but we need to
know because every dollar is important.
COUNCILMAN ORLANDO: Like to have is not an option.
COUNCILMAN RULAND: And that is my spiel.
MR. SPANOS: Well, thank you very much and good luck with that FEMA application, we had
to put one in out in Riverhead on Osborne Avenue when we flooded out a couple of weeks ago
and the residents we have out there and it is a task. Anyway, thank you very much and I don't
envy you guys on all the red tape you have to go through.
SUPERVISOR RUSSELL: There is a lot.
COUNCILMAN ORLANDO: Thanks, James.
SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any issue?
Councilman Krupski
COUNCILMAN KRUPSKI: I would just like to go back to resolution 641. Last year the town
made the decision to rent a refrigerated truck for use in the deer program because the deer that
are taken and not used by town residents then go to a food bank and are used there. Town
residents also took advantage of the deer that were there and were able to get a field dressed deer
for free. That program will still be available to any town resident this coming hunting season, so
the Town Board made the decision to buy their own truck so we will have our own. It is a lot
cheaper than renting a truck. The program is evolving into that, last year we rented it to see how
September 13,2011
Southold Town Board Meeting Minutes
Page 22
the program would work, it worked very well. People took advantage of it, the hunters were able
to cull the herd in greater numbers because they felt they weren't wasting the meat, people were
able to use the meat and that is how the system should work. So that is the reason for buying the
refrigerated truck.
COUNCILMAN ORLANDO: That is a win-win process. We thin the herd and then the deer go
to the food banks and the food kitchens. So it is a good thing for everyone.
Supervisor Russell
SUPERVISOR RUSSELL: Anybody else? (No response) Can I get a motion to adjourn?
Motion To: Adjourn Town Board Meeting
RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 4:57
P.M.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Vincent Orlando, Councilman
AYES:
Southold Town Clerk
Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
VI. Public Hearings
None