HomeMy WebLinkAboutTB-10/25/2011ELIZABETH 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
October 25,2011
7:30 PM
A Regular Meeting of the Southold Town Board was held Tuesday, October 25,2011 at the
Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 7:30
PM with the Pledge of Allegiance to the Flag.
Call to Order
7:30 PM Meeting called to order on October 25, 2011 at Neeting Hall, 53095 Route 25,
Southold, NY,
I. Reports
1. Recreation Department Monthly Report
2. Budget
3. Town Clerk
4. Island Group Employee Health Care Plan
5. Program for the Disabled
6. Building Department
7. Department of Solid Waste Monthly Report
8. Board of Trustees
II. Public Notices
NYS Liquor License Renewal
III. Communications
IV. Discussion
1. 9:30 A.M. - Frances Leogrande & Robert Drucker
2. 9:00 A.M. - Jay Bredemeyer & Dr. Wally McGahan
3. 10:30 A.M. - Melissa Spiro
4. 10:00 A.M. - Leg. Ed Romaine
5. 10:45 P.M. - Jim McMahon
6. 11:00 A.M. - Jeff Standish
7. Prepare RFP for Locating Solar And/Or Wind Installation of Town Buildings
October 25,2011 Page 2
Southold Town Board Meeting Minutes
8. Recommendation for CAC Appointment
9. LL/Tear Down
10. Transportation Commission Recommendations
11. Request for Use of Recreation Center
12. LL/Stop Signs on Nassau Point Road
13. LL/Site Plan Amendments
14. Executive Session - Labor
15. 2012 Budget, Set Public Hearing
16. Request for Installation of Street Light
17. Executive Session - Litigation
18.
19.
20.
Executive Session
Motion To: Motion to Enter into Executive Session
On motion by Justice Louisa P. Evans, seconded by Councilman William P. Ruland, it was
RESOLVED the Town Board of the Town of Southold hereby ~nters into Executive Session at
1:30 PM for the purpose of discussing proposed, pending or current litigation on the following
matters: Bombara; Nickert Realty; Sherwood.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: William Ruland, 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 Albert J. Krupski, it was
RESOLVED the Town Board of the Town of Southold hereby exists from this Executive Session
at 2:10 PM.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Albert Kxupski Jr., Councilman
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
Town Clerk Elizabeth Neville
Town Clerk Neville: There were no resolutions added to the agenda as a result of this Executive
Session.
Pledge to the Flag
Supervisor Russell
Opening Comments
Supervisor Scott A. Russell
October 25,2011 Page 3
Southold Town Board Meeting Minutes
SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance to the Flag. Thank
you. Would anyone like to address the Town Board on any of the agenda items? We are going
to be holding two public hearings, so you will have the opportunity to address the Town Board
on those. So if there are no comments on the agenda, let's move forward.
Minutes Approval
RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated:
Tuesday, September 27, 2011
Vote Record ~ Acceptance of Minutes for September 27~ 2011 7:30 PM
Yes/Aye No/Nay Abstain Absent
Willimn Ruland Voter [] [] [] []
[] Accepted Vincent Orlando Voter [] : O [] []
[] Accepted as Amended Chrlsinpher TalbOt ~o~der [] [] [] []
[] Tabled Albert Kmpski Jr. Voter [] [3 [] []
Louisa P. Evans Initiator [] [] [] []
Scott Russell Voter [] [] []
RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated:
Tuesday, October 11, 2011
Vote Record - Acceptance of Minutes for October 11, 2011 4:30 PM
Yes/Aye No/Nay Abstain Absent
William Ruland Voter ' E1 [3 [] []
[] Accepted Vincent Orlando Voter [] El [] []
[] Accepted as Amended Christopher Talbot SeConder [] [] [] []
[] Tabled Albert Krupsk! Jr: Voter [] D [] O
Louisa P. Evans Initiator [] Fl [] O
Scott Russell Voter [] [] [] []
V. Resolutions
2011-704
CA TEGOR Y: Audit
DEPARTMENT: Town Clerk
Approve Audit
RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated
October 25~ 2011.
Vote Record a Resolution RES:2011-704
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
O Tabled William Ruland Voter [] [] [] []
O Withdrawn Vincent Orlando Voter [] [] [] []
[] Supervisor's Appt Christopher Talbot Seconder [] [] [] []
[] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] []
[] Rescinded Louisa P. Evans Initiator [] [] [] []
[] Town Clerk's Appt Scott Russell Voter El [] [] []
[] Supt Hgwys Appt
[] No Action
October 25,2011 Page 4
Southold Town Board Meeting Minutes
2011-705
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
7:00 PM on Wednesday November 9, 2011 at the Southold Town Hall, Southold, New York
Vote Record ~ Re~sM?ion RES.2011~
{~ Adopted
[] Adopted as Amended
[] Defeated Yes/Axe No/Nay Abstain Absent
[] Tabled William Ruland voter [] [] [] []
[] Withdrawn vincent Orlando Voter [] [] O []
[] Supervisor's Appt Christopher Tabot Seconder ~ [] [] [] []
[] Tax Receiver's Appt A!be~ Krup~k! j[, VOter [] 13 [] []
[] Rescinded Louisa P. Evans Voter [] [] : [] []
[] Town Clerk's Appt Scott Russell Initiator I~ [] [] []
[] Supt Hgwys Appt
[] No Action
2011-706
CATEGOR~
DEPARTMENT:
2011 ~arly~wnBi&
Authorize to Bid
Town Clerk
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk to advertise for bids for the following items for 2012:
Milk for the Human Resource Center
Purchase of Police Department Uniform Clothing
Cleaning of Police Department Uniform Clothing
Gasoline for Town Vehicles
Heating Fuel Oil for Town Buildings
Diesel Fuel Oil for Highway Department and Transfer Station
Bulk Ice Control Sand for the Highway Department
Removal of Scrap Tires from the Transfer Station
Household Hazardous Waste Removal
October 25,2011
Southold Town Board Meeting Minutes
Page 5
~ Adopted
[] Adopted as Amended
~ Defeated ~Ay~ INg~ ~bstai~ Absent
[] Tabled William Ruland Initiator [] [] [] []
[] Withdrawn Vincent Orlando Voter [] [] [] D
[] Supervisor's Appt ChfiStgpher Ta!bot Voter [] [] [] []
[] Tax Receiver's Appt ~!b~ ~PSk! Jr. Voter [] [] [] []
[] Rescinded Louisa P. Evans Seconder [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-707
CATEGORY:
DEPARTMENT:
Attend Seminar
Human Resource Center
Adult Day Care Supervisor to Attend Training - HRC
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Jean
DeLorme~ Adult Day Care Supervisor at Human Resource Center, to attend a free
workshop on Caregivers' Practical Help sponsored by the Alzheimer's Disease and
Assistance Center of Long Island at Stony Brook University Medical Center in
Stony Brook~ New York ~ on Friday~ November 4th~ 2011. All expenses for travel to be a
legal charge to the 2011 Programs for the Aging budget ( travel expense).
Vote Re~ord ~ Re~olution RESt2011~707
[] Adopted
[] Adopted as Amended
[] Defeated yes/AYe Nq~Nay Cb~tain AbS~t
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Vincent Orlando Initiator [] [] : [] []
[] Supervisor's Appt Christopher Talbot Voter [] [] [] []
[] Tax Receiver's Appt Albert Kmpsk! Jr. Seconder [] [] [] []
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt S~0tt RusSell Voter [] [3 ~ ~
[] Supt Hgwys Appt
[] No Action
2011-708
CA TEGOR Y: Fmla
DEPARTMENT: Accounting
Grant FMLA Leave to a Town Employee
WHEREAS Employee #1384 has been out of work due to non-work related condition since
August 31,2011, and
WHEREAS the Town Board of the Town of Southold is required to comply with the Family
October 25,2011 Page 6
Southold Town Board Meeting Minutes
Medical Leave Act (FMLA) and the Town's collective bargaining agreement with the PBA, now
therefore be it
RESOLVED that the Town Board of the Town of Southold hereby grants an FMLA leave of
absence for up to 12 weeks to Employee #1384 effective August 31, 2011.
~' v0te ~rd; Resolfiti0n Rl~S.2011~08 :
gt Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Seconder [] [] [] []
[] Withdrawn Vincent Orlando Voter [] [] [] []
[] Supervisor's Appt ChristoPher Talbot Voter [] [] El []
[] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] []
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-709
CATEGORY: Grants
DEPARTMENT: Public Works
Bittner Preserve
Fiscal Impact:
Request for a time extension of the Bittner Preserve Improvement Project, funded by the NYS DOS until
June 30, 2012.
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs that a
request be made by the Department of Land Preservation to the New York State Department of
State for a no-cost time extension for Contract Agreement #C006877 in connection with the
Bittner Preserve Improvement Project, until December 31, 2012, all in accordance with the
approval of the Town Attorney.
Vote Record - ReSOlation RES-20H-709
~] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Votec [] ~ [3 F1
[] Withdrawn Vincent Orlando Voter [] [] [] []
[] 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 ~ FI FI []
[] Supt Hgwys Appt
[] No Action
2011-710
CATEGORY: Misc. Public Hearing
October 25,2011 Page 7
Southold Town Board Meeting Minutes
DEPARTMENT: Town Clerk
Set 4.'35 PM, Tuesday, November 22, 2011for a Public Hearing to Hear Citizens Views on Local
Housing and Community Development Needs
RESOLVED that the Town Board of the Town of Southold hereby sets 4:35 PM, Tuesday,
November 22, 2011, Southold Town Hall, 53095 Main Road, Southold, New York 11971, as the
time and place for a Public Hearing to hear citizens views on local housing and community
development needs to be met with approximately $94,715.00 in Community Development Block
Grant funds the Town of Southold expects to receive in April 2012 and authorizes the Town
Clerk to publish an "Announcement of Public Hearing Notice".
~ Vote ReCOrd; ReSoluti0n RESt2011~710
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Seconder [] [] [] []
Vincent Orlando Voter
[] Withdrawn 0 [3 ' ~ rn
[] Supervisor's Appt Christopher Talbot lnit!ator [] [] [] []
[] Tax Receiver's Appt A!b~ ~PSk! Jr: Voter [] [] [] []
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-711
CATEGORY:
DEPARTMENT:
Contracts, Lease & Agreements
Town Clerk
Authorize Supervisor Russell to Sign Subrecipient Agreements for 2011 CDBG Program
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to sign the Subrecipient Agreements for the 2011 Community
Development Block Grant Program as follows:
North Fork Housing Alliance
(Home Improvement Program)
Robert Perry Child Day Center
Community Action Southold Town
Peconic Community Council
$61,625
$ 6,375
$ 5,100
$ 5,100
October 25,2011 Page 8
Southold Town Board Meeting Minutes
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Initiator [] [] [] []
[] Withdrawn Vincent Orlando Seconder [] [] [] []
[] Supervisor*s Appt Christopher Talbot Voter [] : [] [] []
[] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] []
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] 12
[] Supt Hgwys Appt
[] No Action
2011-712
CATEGORY:
DEPARTMENT:
Budget Modification
Data Processing
FI Video Conferencing Eq Budget Modification.
Fiscal Impact:
Reverse part of the Fishers Island Video Conferencing Equipment Budget Modification adopted at the
2/15/11 TB meeting. Used equipment will be substituted instead.
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 Data
Processing budget as follows:
TO:
A. 1990.4.100.100 Unallocated Contingencies $1127.86
FROM:
A. 1680.2.400.450 Workstation/Sever Periph $1127.86
Vote Record ~ R~olUfi0n RES-201I~712
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No,Nay Abstain Absent
[] Tabled William Ruland Voter [] [] 12 []
[] Withdrawn Vincent Orlando Initiator [] [] [] []
[] Supervisor's Appt Christopher Talbot Voter [] [] [] []
[] Tax Receivers Appt A!bert Kmpski Jr. Seconder [] [] [] []
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-713
CA TE GO R Y:
DEPARTMENT:
Close/Use Town Roads
Town Clerk
Grant Permission to Oysterponds School to Hold Its Annual Halloween Parade in Orient, on Monday,
October 31, 2011 at 2.'00 PM
October 25,2011
Southold Town Board Meeting Minutes
Page 9
RESOLVED that the Town Board of the Town of Southold hereby grants permission for a
police escort and permission to Oysterponds School to use the following route for its Annual
Halloween Parade in Orient, on Monday, October 31,2011 at 2:00 PM, beginning at the school,
marching to Village Lane to Orchard Street to Tabor Road and returning to the school and,
provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the
Town of Southold as an additional insured and contact Chief Flatley upon receipt of the approval
of this resolution to coordinate traffic control. Support is for this year only, as the Southold
Town Board continues to evaluate the use of town roads. All fees shall be waived.
Vote Reeord- Resoifiiion
[] Adopted
[] Adopted as Amended
[] Defeated yes/Ay~ Np(Nay Abstain Absent
[] Tabled William Ruland Seconder [] [] []
[] Withdrawn Vincent Orlando Voter [] [] [] []
[] Supervisor's Appt chhst~ph~ 'r~ib~ 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
2011-714
CATEGORY:
DEPARTMENT:
Close/Use Town Roads
Town Clerk
Grant Permission to the Cutchogue Fire Department to Hold Its Annual Halloween Children's Parade in
Cutchogue, on Monday, October 31, 2011 Beginning at 6.'00 PM
RESOLVED that the Town Board of the Town of Southold hereby grants permission for a
police escort and to the Cutchogue Fire Department to use the following route for its Annual
Halloween Children's Parade in Cutchogue, on Monday, October 31,2011 beginning at 6:00
PM: begin at Case's Lane, proceed east on Main Road to New Suffolk Road, south on New
Suffolk Road to the Cutchogue Firehouse, provided they file with the Town Clerk a One Million
Dollar Certificate of Insurance naming the Town of Southold as an additional insured and
contact Chief Flatley upon receipt of the approval of this resolution to coordinate traffic control.
Support is for this year only, as the Southold Town Board continues to evaluate the use of town
roads. All fees shall be waived.
October 25, 2011
Southold Town Board Meeting Minutes
Page 10
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn v~ncent Orlando Voter [] [] [] []
[] Supervisor's Appt Christopher Talbot Seconder ~I D [] []
El Tax Receiver's Appt A!b~ ~psk! Jr: Voter [] [] [] []
[] Rescinded Louisa P. Evans Initiator [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-715
CA TEGOR Y:
DEPARTMENT:
Close/Use Town Roads
Town Clerk
Grant Permission to TWIGS, a Branch of the Eastern Long Island Hospital Auxiliary, to Close Love
Lane, Mattituck on Friday Evening, December 2, 2011 from 4.'00 PM to Midnight, for Its Annual Snow
Ball
Fiscal Impact:
Total police cost for this event = $253.28
RESOLVED that the Town Board of the Town of Southold hereby grants permission to
TWIGS, a branch of the Eastem Long Island Hospital Auxiliary, to close Love Lane, Mattituck
on Friday evening, December 2, 2011 from 4:00 PM to midnight, for its Annual Snow Ball,
provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the
Town of Southold as an additional insured, rexnit the $100 fee Special Events fee, a $250 Clean-
up deposit, an additional $253.28 as remuneration for the police, and contact Chief Flatley upon
receipt of the approval of this resolution to coordinate traffic control. Support is for this year
only, as the Southold Town Board continues to evaluate the use of town roads.
,~' Vote Record; Resolution RES-2011-715
[] Adopted
[] Adopted as Amended
[] Defeated yes/Aye N~Nay Abstain Absent
[3 Tabled William Ruland Seconder [] [] [] [3
[] Withdrawn Vincent Orlando Voter [] [] [] F1
[] Supervisor's Appt Christopher Talbot Initiator [] [] [] []
[] Tax Receiver's Appt Albert Krupski Jr. Voter [] [3 Fl ~
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-716
CA TE G O R Y:
DEPARTMENT:
Budget Modification
Accounting
Busget Modification for CHIPs Reimbursement
October 25, 2011
Southold Town Board Meeting Minutes
Page 11
Fiscal Impact:
Appropriate additional New York State CHIPs allocation which includes an increase in the current year~s
apportionment ($1,963.53) and last year's cumulative rollover balance ($13,572.07).
RESOLVED that the Town Board of the Town of Southold hereby increases the Highway
Fund Part Town 2011 budget as follows:
Revenues:
DB.3501.00 CHIPs Capital Payments
Totals
Appropriations:
DB.5112.2.400.905 Consolidated Highway Improvement
Totals
$15,535.60
$15,535.60
$15,535.60
$15,535.60
~ V6te ReCOrd ~ Reso!ution RES~2011~716 ....
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Axe No/Nay Abstain Absent
[] Tabled William Ruland Initiator [] lq [] []
[] Withdrawn ~ n~ ~ ~cl~ Seconder
[] Supervisor's Appt ~hfi~t0pher Talbot Voter v~ [] [] []
[] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] El []
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-717
CA TE GO R Y:
DEPARTMENT:
Attend Seminar
Land Preservation
MSt Annual LI Ag Forum 1/12 & 13/2012
WHEREAS, the Land Preservation Committee has made a recommendation to thc Town Board
that the Town of Southold participate as a vendor in the 31 st Annual Long Island Agricultural
Forum taking place on January 12 & 13, 2012, at the Eastern Campus of Suffolk County
Community College in Riverhead, New York; and
WHEREAS, it has been recommended that Melissa Spiro, Land Preservation Coordinator,
and/or member(s) of the Land Preservation Committee, attend this event as a forum
participant(s) at a complimentary exhibitor's booth to promote farmland preservation programs
within the Town of Southold; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Melissa
Spiro, Land Preservation Coordinator, and/or member(s) of the Land Preservation Committee, to
October 25,2011 Page 12
Southold Town Board Meeting Minutes
attend the 31st Annual Long Island Agricultural Forum on January 12 & 13, 2012 in Riverhead,
New York, as a representative(s) and complimentary exhibitor(s) for the Town of Southold.
~ Vote Record - ResolUti0n RES-20ii~71?
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye Ne(Na~ Abstain Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn vincent orlando in t aior [] El [] []
[] Supervisot's Appt Christopher Talbot Voter [] [] [] []
[] Tax Receiver's Appt Albert Krupski J[: Seconder FI El [] []
[] Rescinded Louisa P. Evans Voter [] : [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-718
CATEGORY:
DEPARTMENT:
Contracts, Lease & Agreements
Accounting
Authorizes and Directs Supervisor Scott A. Russell to Execute an Agreement Between the Town of
Southold and National EAP, Inc. in Connection with an Employee Assistance Program
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and
National EAP~ Inc. in connection with an Employee Assistance Program in the amount of
$4.3 7 per month per employee for basic services including up to 10 hours of special training,
critical stress management services up to 3 per year, and dispute mediation services of less than 6
hours, for the period November 1,2011 through October 31, 2013, subject to the approval of the
Town Attorney.
vote Record- Resolution RES-2011-718
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
Fl Tabled William Ruland Seconder [] [] [] []
[] Withdrawn Vincent Orlando Voter [] [] El []
[] Superviso~'s Appt Christopher Talbot Voter [] [] [] []
[] Tax Receiver's Appt A!b~ ~p~lc! ~[: [n!t!~tpr ~ [3 [] ~
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-719
CATEGORY:
DEPARTMENT:
Contracts, Lease & Agreements
Town Attomey
Authorizes and Directs Supervisor Scott A. Russell to Execute the Service Agreement Between the Town
October 25,2011 Page 13
Southold Town Board Meeting Minutes
of Southold and Taylor-Air Inc. in Connection with Servicing the Refrigeration Equipment at the Human
Resource Center
RESOLVED that the Town Board of the Town of South01d hereby authorizes and directs
Supervisor Scott A. Russell to execute the Service Agreement between the Town of
Southold and Taylor-Air Inc. in connection with servicing the refrigeration equipment at
the Human Resource Center, for a term of one year at a cost of $1,775.00, subject to the
approval of the Town Attorney.
Vote R~ord ~ Resoluti0n RES-2011;719
[] Adopted
[] Adopted as Amended
[] Defeated ~es/AYe Np~Nay Abstain Absent
13 Tabled William Ruland Voter [] [] [] []
[] Withdrawn Vincent Orlando Voter
[] Supervisors Appt Christopher Talbot Seconder [] [] [] []
[] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] []
[] Rescinded Louisa P. Evans Initiator [] [] [3 []
[] Town Clerk's Appt
Scott Russell Voter
[] Supt Hgwys Appt
[] No Action
2011-720
CATEGOR~
DEPARTMENT:
Budget Modification
Accounting
Budget Modification Fishers Island Sewer District
Fiscal Impact:
Appropriate additional funds for septic system pumping during 2011
RESOLVED that the Town Board of the Town of Southold hereby increases the Fishers
Island Sewer District 2011 budget as follows:
Revenues:
SS2.5990.00 Appropriated Fund Balance $5,200
Total $5,200
Appropriations:
SS2.8160.4.000.000 FI Sewer District, Contractual Expenses $5,200
Total $5,200
October 25,2011 Page 14
Southold Town Board Meeting Minutes
Vote Record - Resolutioll II~ES-2011-720
nt 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 [] [] [] []
Voter [] [] [] []
[] Tax Receiver's Appt Albert Krupski Jr.
[] Rescinded Louisa P. Evans Seconder [] [] [] []
[] Town Clerk's Appt Scott Russell Voter 1~ [] [] []
[] Supt Hgwys Appt
[] No Action
2011-721
CA TEGOR Y:
DEPARTMENT:
Misc. Public Hearing
Town Clerk
Set PH for 2012 Budget
RESOLVED that the Town Board of the Town of Southold does hereby prepare and approve
the 2012 Preliminary Budget and 2012 Preliminary Capital Budget of the Town of Southold for
the fiscal year beginning on the Ist day of January, 2012, the itemized statement of estimated
revenues and expenditures hereby attached and made a part of this resolution; and be it
FURTHER RESOLVED that this Town board shall meet at 4:00 PM~ Wednesda¥~ on the 9th
of November~ 2011~ at the Southold Town Hall for the purpose of holding a public heating on
the Preliminary Budget, and after all persons attending said heating shall have had an
opportunity to be heard in favor or against the Preliminary Budget as compiled, or for or against
any item and items therein contained, that said heating be then recessed and thereafter
convened at 7:00 PM on said day for the same purpose; and be it
FURTHER RESOLVED that the Preliminary Budget will be available for viewing on the
Southold Town official website: southoldtown.northfork.net, and be it
FURTHER RESOLVED that the Town Clerk shall give notice of such hearings in the manner
provided for in Section 108 of the Town Law and that such notice be published in substantially
the following form:
NOTICE OF PUBLIC HEARING
ON THE 2012 PRELIMINARY BUDGET
AND
2012 PRELIMINARY CAPITAL BUDGET
NOTICE IS HEREBY GIVEN that the Preliminary Budget and Preliminary Capital Budget of
the Town of Southold, Suffolk County, New York for the fiscal year beginning on January 1,
2012 has been prepared and approved by the Southold Town Board and filed in the Office of the
Town Clerk at the Southold Town Hall, 53095 Main Road, Southold, New York, where they are
available for inspection and where copies may be obtained by any interested person during
business hours.
October 25, 2011
Southold Town Board Meeting Minutes
Page 15
FURTHER NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Southold will
meet and review said Preliminary Budget and Preliminary Capital Budget and hold a public
hearing thereon at the Southold Town Hall, 53095 Main Road, Southold, New York, in said
Town at 4:00 p.m. and at 7:00 p.m., on Wednesday, November 9, 2011, and at such hearing
any persons may be heard in favor of or against the 2012 Preliminary Budget and 2012
Preliminary Capital Budget as compiled, or for or against any item or items therein contained.
FURTHER NOTICE IS HEREBY GIVEN that pursuant to Section 108 of the Town Law, the
following are proposed yearly salaries of members of the Town Board, the Town Clerk and the
Superintendent of Highways:
SCHEDULE OF SALARIES OF ELECTED
OFFICIALS
(ARTICLE 8 OF TOWN LAW)
Officer
Supervisor $ 86,992
Members of the Town Board (4) ~ $ 30,067
Town Justice and Member of the Town Board, Fishers Island $ 47,162
Town Justices (2) @ $ 64,118
Town Clerk $ 90,275
Superintendent of Highways $ 95,857
Tax Receiver $ 34,674
Assessors (3) ~ $ 66,214
Trustees (5) ~ $ 15,484
October 25, 2011
Southold Town Board Meeting Minutes
Page 16
SUMMARY OF TOWN BUDGET
2012 PRELIMINARY
Appropriations Less: Less:
and Provisions Estimated Unexpended Amount to be
Code Fund for Other Uses Revenues Balance Raised by Tax
A General $ 27,885,224 $ 3,862,963 $ 1,609,500 $ 22,412,761
B General-Outside Village 2,114,022 1,262,800 263,643 587,579
DB Highway Fund 5,426,148 376,369 290,000 4,759,779
CD Community Development 94,715 94,715
CS Risk Retention Fund 532,500 532,500
H3 Community Preservation 5,476,319 3,690,758 1,785,561
Fund
MS Employees Health Plan 4,124,568 3,980,890 143,678
Total-Town $ 45,653,496 $ 13,800,995 $ 4,092,382 $ 27,760,119
DB 1 Orient Road Improvement $ 3,770 $ $ 800 $ 2,970
Dist
SF East-West Fire Protection 744,787 400 998 743,389
Dist
SM Fishers Island Ferry Dist 3,315,000 2,515,000 50,000 750,000
SR Solid Waste Management 4,093,728 2,128,500 158,414 1,806,814
Dist
SS1 Southold Wastewater Dist 116,650 15,300 101,350
SS2 Fishers Island Sewer Dist 34,600 32,471 2,129
F.I. Waste Management 718,900 40,000 152,000 526,900
Dist
Orient Mosquito Dist 80,000 80,000
Subtotal- $ 9,107,435 $ 4,716,371 $ 379,641 $ 4,011,423
Special
Districts
Orient-East Marion Park $ $ $ $
Dist
Southold Park District 315,000 315,000
Cutchogue-New Suffolk Pk 140,000 10,000 130,000
Dist.
Mattituck Park District 588,360 33,500 150,000 404,860
Subtotal-Park Districts $ 1,043,360 $ 33,500 $ 160,000 $ 849,860
Fishers Island Fire District $ 395,200 $ 1,000 $ $ 394,200
Orient Fire District 585,038 48,028 537,010
East Marion Fire District 602,332 57,400 45,000 499,932
Southold Fire District 1,803,275 22,493 1,780,782
Cutchogue Fire District 1,251,525 1,000 1,250,525
Mattimck Fire District 1,793,800 1,793,800
Subtotal-Fire Districts $ 6,431,170 $ 129,921 $ 45,000 $ 6,256,249
Total-AllDistricts [ $ 16,581,965 I $ 4,879,792 I * 584,641 I $ 11,117,532 ]
October 25,2011
Southold Town Board Meeting Minutes
Page 17
Grand Totals This Page
I 62,235,460.81 I 18,680,787.00 I 4,677,023.00 I 38,877,650.81 I
2012 Tax Statistics
Preliminary
2011 Tentative Assessed Values Per Assessors ]
Assessed Valuations Amount Percentage
Fund For 2011 For 2012 Change Change
Whole Town 108,465,500 108,282,986 (182,514) -0.17%
Whole Town Pro-rata 44~897 57,448 12,551 27.96%
receivable's
Part Town 103,407,797 103,235,040 (172,757) -0.17%
Solid Waste District 105,297,941 104,928,995 (368,946) -0.35%
Wastewater Disposal 98,428,470 98,089,774 (338,696) -0.34%
District
I Appropriations I
2011 Approp
Per Revised 2012 Amount Percentage
Fund Budget Approp Change Change
General Fund Whole Town 27,693,821 27,885,224 191,403 0.69%
General Fund Part Town 2,135,524 2,114,022 (21,502) -t.01%
Highway Fund 5,344,868 5,426,148 81,280 1.52%
Community Development 110,500 94,715 (15,785) -14.29%
Solid Waste District 3,842,996 4,093,728 250,732 6.52%
Wastewater District 177,385 116,650 (60,735) -34.24%
Total Appropriations 39,305,094 39,730,487 425,393 1.08%
Taxes
2011 2012 Amount Percentage
Fund Taxes Taxes Change Change
General Fund Whole Town 21,734,453 22,412,761 678,308 3.12%
General Fund Part Town 783,364 587,579 (195,785) -24.99%
Highway Fund 4,583,931 4,759,779 175,848 3.84%
Solid Waste District 1,877,246 1,806,814 (70,432) -3.75%
Wastewater District 101,350 101,350 N/A
Total Taxes 28,978,994 29,668,283 689,289 2.38%
[ Tax Rate
2011 2012 Amount Percentage
Fund Tax Rate Tax Rate Change Change
General Fund Whole Town 199.968
General Fund Part Town 7.576
Highway Fund 44.329
Solid Waste District 17.827
Wastewater District
Total Tax Rate 269.700
206.453 6.485 3.24%
5.692 (1.884) -24.87%
46.106 1.777 4.01%
17.219 (0.608) -3.41%
1.033 1.033 N/A
276.503 6.803 2.52%
Revenues
Fund
General Fund Whole Town
General Fund Part Town
Highway Fund
2011
Per Revised 2012 Amount Percentage
Budget Revenues Change Change
4,396,406 3,862,963 (533,443) -12.13%
1,094,760 1,262,800 168,040 15.35%
532,937 376,369 (156,568) -29.38%
October 25, 2011 Page 18
Southold Town Board Meeting Minutes
Community Development 110,500 94,715 (15,785) -14.29%
Solid Waste District 1,858,750 2,515,000 656,250 35.31%
Wastewater District N/A
Total Revenues 7,993,353 8,111,847 118,494 1.48%
[ Appropriated Fund Balance
2011 APP FB
Per Revised 2012 Amount Percentage
Fund Budget APP FB Change Change
General Fund Whole Town 1,562,961 1,609,500 46,539 2.98%
General Fund Part Town 257,400 263,643 6,243 2.43%
Highway Fund 228,000 290,000 62,000 27.19%
Solid Waste District 107,000 50,000 (57,000) -53.27%
Wastewater District 177,385 15,300 (162,085) -91.37%
Total Appropriated Fund 2,332,746 2,228,443 (104,303) -4.47%
Balance
[] Adopted
[] Adopted as Amended
[] Defeated Y~s/AYe N0(N~y Abstain Ab~t
[] Tabled William Ruland Initiator [] [] [] []
[] Withdrawn Vincent Orlando Seconder [] [] [] []
[] Supervisor's Appt Christopher Talbot Voter [] [] [] []
[] Tax Receiver's Appt Albert Kmpski Jr. Voter [~ [] [] []
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-722
CATEGORY:
DEPARTMENT:
Budget Modification
Human Resource Center
Disposable & Program Supplies Funding
Fiscal Impact:
Transfer funds to cover shortfall
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General
Fund Whole Town budget as follows:
From:
Appropriations
A.6772.4.600.100
A.6772.4.600.300
A.6772.4.600.700
A.6772.4.100.500
Programs for the Aging
Miscellaneous
Advertising $125.00
Travel Reimbursement $400.00
Licenses & Permits $150.00
Contractual Expense
Motor Vehicle Parts/Supplies $1820.00
October 25, 2011 Page 19
Southold Town Board Meeting Minutes
To'-
Appropriations
A.6772.4.100.150
A.6772.4.100.110
(Total:
Programs for the Aging
Supplies & Materials
Disposables
Program Supplies & Materials
(Total:
$2495.00)
$2195.00
$300.00
$2495.00)
,,' Vot~ ReCOrd ~ Resolation RES~2011~722
E~ Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Initiator [] [] [] []
[] Withdrawn Vincent Orlando Voter [] [] [] [~
[] Supervisor's Appt Christopher Talbot Voter [] [] [] []
[] Tax Receivers Appt Albert Krapski Jr. Seconder [] [] [] []
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [2 []
[] Supt Hgwys Appt
[] No Action
2011-723
CA TEGOR Y:
DEPARTMENT:
Bid Acceptance
Highway Department
Accept Bid for Highway Equipment
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of All Island
Equipment Corp., of West Babylon, New York, who was the lowest bidder to fully meet all bid
specifications in full for the attachments to couple to the Town-owned 2011 Takeuchi TL240
Rubber Track Loader, as follows:
Item # 1
One (1) new 2011 Interstate 12,000 lb. Capacity Trailer
Item # 2
One (1) new 2011 Backhoe BH Edge/CE attachment, together
with an 18" digging bucket
Item # 3
One (1) new 2011 Cold Planer Universal/Coneqtec attachment
Total
$ 6,995.00
$11,200.00
$16,900.00
$35,095.00
All the above as subject to the approval of the Town Board and Town Attorney, and be it
FURTHER RESOLVED that the appropriation line to be charged will be as follows:
H.5130.2.300.400
October 25,2011 Page 20
Southold Town Board Meeting Minutes
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Seconder [] [] [23 []
[] Withdrawn Vincent Orlando Voter [] [] FI []
[] Supervisor's Appt Christopher Talbot Voter ~l [] [] [3
[] Tax Receiver's Appt Albert ~PSk! Jr. Initiator [] [] [] []
[] Rescinded Louisa P. Evans Voter I~ [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-724
C`4TEGOR~
DEP`4RTMENT:
Attend Seminar
Accounting
Permission for Comptroller to .4 ....
ttend Capttal One Bank s Commerctal Card Breakfast Semtnar
RESOLVED that the Town Board of the Town of Southold h~reby grants permission to Town
Comptroller John Cushman to attend Capital One Bank's complimentary Commercial
Card Breakfast Seminar in Melville. New York on November 4~ 2011. All expenses to be a
legal charge to the 2011 Accounting & Finance Department budget.
Vote Record - R~solutlon RES-2011-724
~I Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Voter [] : [] [] Fl
[] Withdrawn Vincent Orlando Voter [] [] [] []
[] S upervisor's Appt Christopher Talbot Seconder [] [] [] []
[3 Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] []
[] Rescinded Louisa P, Evans Initiator [] [] [3 []
[] Town Clerk's Appt Scot~ Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-725
C`4TEGORY:
DEP`4RTMENT:
Committee Resignation
Town Attorney
Accepts the Resignation of Cynthia ~ Riley from the Fishers Island Waste Management District Board of
Commissioners Effective August 15, 2011
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of
Cynthia J. Riley from the Fishers Island Waste Management District Board of
Commissioners effective August 15~ 2011.
October 25,2011 Page 21
Southold Town Board Meeting Minutes
[] Adopted
[] Adopted as Portended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Vincent Orlando Voter [] [] [] []
[] Supervisor's Appt C~stopber Talbot ihiiiai0r ~ v1 [] [2]
[] Tax Receiver's Appt Albert Krupski Jr. Voter [] : [] [] []
[] Rescinded Louisa P. Evans Seconder [] [] gl []
[] Town Clerk's Appt Scoil Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-726
CATEGORY:
DEPARTMENT:
Contracts, Lease & Agreements
Town Attorney
Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement Between the Town of
Southold and RX Express Marketing lnc. in Connection with Advertising on Paper Prescription Bags at
King Kullen for the Human Resource Center
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and
RX Express Marketing Inc. in connection with advertising on paper prescription bags at King
Kullen for the Human Resource Center, subject to the approval of the Town Attorney.
· ~' Vote ReCOrd; Resolutio n RES,2011~726
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Initiator [] [] [] []
[] Withdrawn Vincent Orlando Seconder [] [] [] []
[] Supervisors Appt Christopher Ta!boi Voter ~ [3 ~ [2]
[] Tax Receiver's Appt AIb~ ~pski Jr. Voter [] [] [] []
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] gl []
[] Supt Hgwys Appt
[] NO Action
2011-727
CATEGORY:
DEPARTMENT:
Attend Seminar
Public Works
LIPA Energy Solutions Expo
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Tim
Abrams to attend a LIPA Energy Solutions Expo, at the Huntington Hilton~ Melville, NY,
October 25, 2011
Southold Town Board Meeting Minutes
Page 22
on November 1, 2011. All expenses for registration (free), travel to be a legal charge to the
2011 DPW budget (meetings and seminars).
~ Vot~ Record, ReSOlution RE~201i-727
[] Adopted
[] Adopted as Amended
[] Defeated yes/Aye No/Nay Abstain Absent
[] Tabled Willia~ Ruland Voter [] [] [] []
[] Withdrawn Vincent Orlando Initiator r~ [] [] []
[] Supervisoi~s Appt Christopher TalbOt Voter [] [] [] []
[] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] []
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-728
C~4TEGORY:
DEP~4RTMENT:
Budget Modification
Town Attorney
Amend Resolution No. 2011-495
Fiscal Impact:
cover expenses associated with recording fees for recording two deeds
RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No.
2011-495 to read as follows:
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2011 budget as follows for the purpose of covering expenses associated in
connection with the recording fees for the Town's acquisition of two parcels (SCTM 1000-15-5-
24.28 and 1000-15-5-25.2) from the County of Suffolk for drainage and road maintenance
purposes:
TO:
A.1010.4.500.700 Town Board, Title Fees
.~ ......+$800.00
FROM:
A.1990.4.100.100 Unallocated Contingencies ?,OO.O9 -$800.00
October 25,2011
Southold Town Board Meeting Minutes
Page 23
~' Vote Record .- Re~olution RE~-2011-728
[] Adopt~
~ Tabl~ William Rui~d Vot~ ~ ~ ~ ~
~ Tax R~eiv~'s Appt ~!b~ ~pski Jr. ~itiator ~ ~ ~ ~
2011-729
CATEGORY:
DEPARTMENT:
Public Service
Town Attorney
Directs the Highway Department to Install a Warning "Stop Ahead" Sign for the Northbound Stop Sign
on Nassau Point Road
WHEREAS, the Town Board of the Town of Southold, on October 25, 2011 enacted Local Law
No. 14 of2011, designating the intersection of Nassau Point Road and Vanston Road a stop sign
intersection; and
WHEREAS, the Southold Transportation Commission has recommended in a Memorandum
dated July 5,2011 that in addition to placing stop signs at this intersection that a "stop ahead"
warning sign be erected for the northbound stop sign on Nassau Point Road.
NOW, THEREFORE, BE IT
RESOLVED that the Town Board of the Town of Southold hereby directs the Highway
Department to install a warning "stop ahead" sign for the northbound stop sign on Nassau
Point Road in accordance with all traffic and safety rules and regulations.
Vote Record - Resolution RES-2011-729
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled Willialn Ruland Voter [] F1 [] []
[] Withdrawn Vincent Orlando Seconder [] [] [] []
[] Supervisor's Appt ~hristopber Talbot Voter [] [] [] []
[] Tax Receiver's Appt Alber~ Krupski Jr. Voter [] [] [] F1
[] Rescinded Louisa P. Evans Initiator [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[3 Supt Hgwys Appt
[] No Action
2011-730
CATEGORY: Litigation
DEPARTMENT: Town Attorney
October 25,2011
Southold Town Board Meeting Minutes
Page 24
Retains Frank A. Isler, Esq. as Special Counsel in the Supreme Court, Suffolk County Civil Action
Entitled "Robert G. Bombara and Margaret M. Bombara V. Town Board of the Town of Southold and
Board of Trustees of the Town of Southold" Under Index No. 11-32028
RESOLVED that the Town Board of the Town of Southold hereby retains Frank A. Isler~ Esq.
as Special Counsel in the Supreme Court~ Suffolk County civil action entitled "Robert G.
Bombara and Margaret M..Bombara v. Town Board of the Town of Southold and Board of
Trustees of the Town of Southold" under Index No. 11-32028.
~ Vote Record, ReSolution RES=2011-730
[] Adopted
[] Adopted as Amended
[] Defeated ~e No/Nay Abstain Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Vincent Orlando Voter [] [] [] lq
[] Supervisor's Appt Christopher Talbot Initiator [] [] [] []
[] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] []
[] Rescinded Louisa P. Evans Seconder [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [~ [] [] []
[] Supl Hgwys Appt
[] No Action
2011-731
CATEGORY:
DEPARTMENT:
Advertise
Town Clerk
HPC Resignation & Advertise
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of
Barbara Schnitzler from the Historical Preservation Commission and be it further
RESOLVED that the Town Clerk is hereby authorized and directed to advertise for this position.
Vote Record - Resolution RES-2011-731
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Initiator [] [] []
[] Withdrawn Vincent Orlando Voter [] [] [] []
[] Supervisor's Appt Christopher Talbot Seconder []
[] 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
2011-732
October 25, 2011
Southold Town Board Meeting Minutes
Page 25
CATEGORY:
DEPARTMENT:
CAC Appointment
Committee Appointment
Town Clerk
RESOLVED that the Town Board of the Town of Southold hereby appoints William McDermott
as a member of the Southold Town Conservation Advisory Committee, term to expire March 31,
2013.
Vote Record - Resolution RES-2011-732
[] Adopted
[] Adopted as Amended
[] Defeated yes/Aye No/NaY Abstain Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Vincent Orlando Initiator [] [3 [] []
[] Supervisor's Appt Chdstopher Talbot Voter [] [] [] []
[] Tax Receiver's Appt ~Pnd~ Z [] [] []
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-733
CATEGORY:
DEPARTMENT:
Support/Non-Support Resolution
Town Clerk
Support of Trustees Resolution
RESOLVED that the Town Board of the Town of Southold hereby ratifies and supports the
Trustees resolution requesting that the Suffolk County Department of Public Works engineer,
plan and perform a beach nourishment project to dredge and reclaim the Gull Pond beach at
Norman E. Klipp Park in Greenport.
Vote Record - Resolution RES-2011-733
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Vincent Orlando Seconder [] [] [3 []
[] 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
2011-734
CA TEGOR Y:
Authorize Payment
October 25, 2011 Page 26
Southold Town Board Meeting Minutes
DEPARTMENT: Town Clerk
Refund Donations for ABTF Picnic
WHEREAS the Anti-Bias Taskforce's 2nd Annual Picnic was cancelled due to Hurricane Irene,
now therefor be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes the refund of all
donations received for the picnic.
Vote Record. ResolutiOn R1~S-2011-734
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye : No/Nay Abstain Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Vincent Orlando Voter [] : [] [] []
[] Supervisor's Appt Christopher Talbot Seconder ~ [] [] []
[] Tax Receiver's Appt Albert Krupski Jr, Voter [] [] [] []
[] Rescinded Louisa P. Evans initiator [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-735
CATEGOR~
DEPARTMEN~
Seqra
Town Attomey
LL/Tear Down SEQRA
RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local
law entitled "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and
Building Code Administration~ and Chapter 280~ Zoning" is classified as an Unlisted Action
pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of
the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of
this action and issues a Negative Declaration for the action in accordance with the
recommendation of Mark Terry dated October 20, 2011, and authorizes Supervisor Scott A.
Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP
pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency
Review.
October 25,2011
Southold Town Board Meeting Minutes
Page 27
[] Adopted
[] Adopted as Amended
[] Defeated , Yes/Aye No,Nay Absta n Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Vincent Orlando Voter [] [] [] []
[] Supervisor's Appt Chrlstopher Talbot initiator [] [] [] []
[] Tax Receiver's Appt Albert Krapski Jr. Voter [] [] [] []
[] Rescinded Louisa P. Evans Seconder : [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-736
CATEGORY:
DEPARTMENT:
Enact Local Law
Town Clerk
TABLE - Enact LL # 13 Chapter 144
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 27thth day of September, 2011, a Local Law entitled "A Local Law
in relation to Amendments to Chapter 144, Fire Prevention and Building Code
Administration~ and Chapter 280, Zoning" and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons were given an opportunity to be heard, now
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and
Building Code Administration~ and Chapter 280, Zonin~" reads as follows:
LOCAL LAW NO. 13 of 2011
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144, Fire
Prevention and Building Code Administration, and Chapter 280, Zoning".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
The Town Board has reviewed Chapter 144, Fire Prevention and Building Code
Administration, and Chapter 280, Zoning, and has determined that certain revisions are required
to clarify the building permit application process and to add or revise certain definitions to the
Zoning Code to clarify the distinction between demolition, alteration, enlargement and
reconstruction. The Town Board has also determined to authorize the Zoning Board of Appeals
to refer certain applications to an independent consultant upon the vote of a majority plus one of
the Zoning Board of Appeals.
October 25,2011 Page 28
Southold Town Board Meeting Minutes
II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows:
§ 144-8. Building permit required; application for permit.
C. Applications.
(1) Every application for a building permit shall be made in writing, on a form
provided by or otherwise acceptable to the Building Inspector. The application
shall be signed by the owner or an authorized agent of the owner and contain the
following information and be accompanied by the required fee. In addition, plans
and specifications shall be filed with the building permit application to enable the
Building Inspector to examine such plans to ascertain if the proposed building will
comply with applicable requirements of the Uniform Code and the Energy Code.
The application shall include or be accompanied by the following information and
documentation:
(a) The actual shape, dimensions, radii, angles and area of the lot on which
the building is proposed to be erected, or of the lot on which it is situated
if an existing building, except in the case of the alterations ora building
which do not affect the exterior thereof.
(b) The section, block and lot numbers, if any, as they appear on the latest tax
records.
(c) The exact size and locations on the lot of the proposed building or
buildings or structural alteration of an existing building and of other
existing buildings on the same lot.
(d) A survey of the lot accurately depicting all currently existing and proposed
structures.
(d)(_e) The dimensions of all yards in relation to the subject building and the
distances between such building and any other existing buildings on the
same lot and adjacent lots as well as the calculation of existing and
proposed lot coverage.
(e)(_f) The existing and intended use of all buildings, existing or proposed, the
use of land and the number of dwelling units the building is designed to
accommodate, and the necessary computations to establish conformity to
the bulk and density regulations.
(f)(g) Such topographic or other information with regard to the building, the lot
or neighboring lots as may be necessary to determine that the proposed
construction will conform to the provisions of this chapter.
(g)(h) An application for a building permit for construction on a vacant lot which
is not on an approved subdivision map shall be accompanied by a certified
abstract of title issued by a title company which shall show single and
separate ownership of the entire lot prior to April 9, 1957.
(h)(_i) A plot plan drawn to scale and signed by the person responsible for each
drawing. At the discretion of the Building Inspector, a survey may be
required, prepared by a licensed engineer or land surveyor.
(i)(j) Each application for a building permit for a new dwelling unit shall be
accompanied by plans and specifications beating the signature and
original seal of a licensed professional engineer or architect.
October 25,2011 Page 29
Southold Town Board
Meeting Minutes
(k)
0)(!)
In instances where a Notice of Disapproval has been issued by the
Building Inspector and an application for a building permit is submitted
after subsequent review and approval by the Town of Southold Board of
Trustees, the Zoning Board of Appeals, and/or the Planning Board, the
applicant shall also submit the approved plan stamped as "approved" by
the respective Board and a copy of the Board's final determination.
Construction documents will not be accepted as part of an application for a
building permit unless they satisfy the requirements set forth above.
Construction documents which are accepted as part of the application for a
building permit shall be marked as accepted by the Building Inspector in
writing or by stamp. One set of the accepted construction documents shall
be returned to the applicant to be kept at the work site. However, the
return of a set of accepted construction documents to the applicant shall
not be construed as authorization to commence work, or as an indication
that a building permit will be issued. Work shall not be commenced until
and unless a building permit is issued.
All work shall be performed in accordance with the construction
documents which were submitted with and accepted as part of the
application for a building permit. The permit holder shall immediately
notify the Building Inspector of any change occurring during the course of
work. The building permit shall contain such a directive. If the Building
Inspector determines that such change warrants a new or amended
building permit, such change shall not be made until and unless a new or
amended building permit reflecting such change is issued.
III. Chapter 280 of the Code of the Town of Southold is hereby amended as follows:
§ 280-4. Definitions.
The following definitions have been added and/or revised:
........... ~, ....... ~,-.,, .............. ~, ..................... ~ .................... A change or
modification made in or on an existing building or structure that does not increase its exterior
dimensions.
DEMOLITION - Any removal of a structure or portion thereof, the replacement cost of which
equals or exceeds 50% of the replacement cost new of the existing structure before the start of
construction and qualifies as a Level 2 alteration under the New York State Building Code
(which includes the reconfiguration of space, the addition or elimination of any door or window,
the reconfiguration or extension of any system, or the installation of any additional equipment).
ENLARGEMENT - As applied to an existing structure, any activity causing an increase in one
or more exterior dimensions of the building or structure or any part thereof.
RECONSTRUCTION - Following demolition, the replacement, in place and in kind, of a
previously existing structure.
October 25, 2011 Page 30
Southold Town Board Meeting Minutes
ARTICLE XXIII
Nonconforming Uses and Buildings
§ 280-122. Nonconforming buildings with conforming uses.
A. Nothing in this article shall be deemed to prevent the r~r..~e!;.ng alteration,
reconstruction or enlargement of a nonconforming building containing a conforming use,
provided that such action does not create any new nonconformance or increase the degree
of nonconformance with regard to the regulations pertaining to such buildings.
§ 280-123. Nonconforming buildings with nonconforming uses.
A. A nonconforming building containing a nonconforming use shall not be enlarged,
reconstructed or structurally altered or moved, except as set forth below, unless the use of
such building is changed to a conforming use.
(1) Nonresidential uses:
(a) Nothing in this article shall be deemed to prevent the
alteration, reconstruction or enlargement of a nonconforming or
conforming nonresidential building with a nonconforming nonresidential
use or construction of an addition to existing buildings or additional
building on the premises, so long as said increase in size of the buildings
created by enlargement of the existing buildings or structures or by the
construction of a new and separate building or structure does not result in
an increase in the overall building footprint(s) of more than 15%, except
that said increase shall not exceed the applicable maximum lot coverage.
In addition, all other setback and area requirements shall apply.
(b) Nothing in this article shall be deemed to prevent the ~mode4ing
alteration, reconstruction or enlargement of a nonconforming or
conforming nonresidential building with a nonconforming use or
construction of an addition to existing building(s) or additional building on
the premises, so long as said increase in size of the building(s) created by
enlargement of the existing buildings or structures or by the construction
of a new and separate building or structure does not result in an increase in
the overall building footprint(s) of more than 30%, except that said
increase shall not exceed the applicable maximum lot coverage, and all
other setback and area requirements shall apply, provided that the
following site remediation measures, in full or in part, as shall be
determined by the Planning Board within its sole discretion, are included
as an essential element of the aforesaid expansion:
[1] Substantial enhancement of the overall site landscaping and/or
natural vegetation.
[2] Employment of best visual practices by upgrades to existing
building facades and/or design of new buildings and/or the
additions to existing buildings which accurately or more accurately
depict the historic and/or existing rural character of the immediate
and nearby neighborhood(s).
October 25,2011
Southold Town Board Meeting Minutes
Page 31
ARTICLE XXVI
Board of Appeals
§ 280-146. Powers and duties.
In addition to such powers as may be conferred upon it by law, the Board of Appeals shall have
the following powers:
A. Appeals: to hear and decide appeals from and review any order, requirement, decision or
determination made by the Building Inspector.
B. Variances: Where there are practical difficulties or unnecessary hardships in the way of
carrying out the strict letter of these regulations, the Board of Appeals shall have the
power to vary or modify the application of such regulations so that the spirit of this
chapter shall be observed, public safety and welfare secured and substantial justice done.
C. Special exceptions, special permits and other approvals: Whenever a use or the location
thereof is permitted only if the Board of Appeals shall approve thereof, the Board of
Appeals may, in a specific case and after notice and public hearing, authorize such
permitted use and its location within the district in which this chapter specifies the
permitted use may be located.
D. Interpretations: on appeal from an order, decision or determination of an administrative
officer or on request of any Town officer, board or agency, to decide any of the
following:
(1) Determine the meaning of any provision in this chapter or of any condition or
requirement specified or made under the provisions of this chapter.
(2) Determine the exact location of any district boundary shown on the Zoning Map.
E. Review by Independent Consultants:
(1) Upon a majority plus one vote of the Board of Appeals' determination that
referral to an independent consultant(s) is deemed necessary, an escrow account
for the applicant shall be established with the Town Comptroller's Office. Said
escrow account shall be established prior to the Town's referral of the application
to its consultant(s). Said escrow account shall be funded by the applicant in an
amount to be determined by the Board of Appeals. Upon the determination that
any application shall be subject to the Town's review aided by a consultant(s) as
set forth herein, no application shall be considered complete for review purposes
until an escrow account is established and funded.
(2) Withdrawals from said escrow account may be made from time to time to
reimburse the Board of Appeals for the cost of its consultant(s') professional
review services actually incurred. Whenever the balance in such escrow account
is reduced to ~,4 of its initial amount, the Board of Appeals shall notify the
applicant; thereafter, the applicant shall deposit additional funds into such account
so as to restore its balance to XA of the initial deposit or to such sum as deemed
necessary by the Board of Appeals. If such account is not replenished within 30
days after the applicant is notified in writing of the requirement for such
additional deposit, the Board of Appeals may suspend its review of the
application.
(3) The consultant(s) will work under the direction of the Board of Appeals
Chairperson. Copies of the consultant(s') qualifications, findings and reports will
October 25, 2011
Southold Town Board Meeting Minutes
Page 32
be provided to the applicant and an opportunity given to the applicant to respond
to the content of the consultant(s') report prior to any decisions being made.
IV. 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.
V. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
~' Vote ReeOrd- ReS0!ution RES;2011;736 i I
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn vincent Orlando Voter [] FI [] []
[] Supervisor's Appt Christopher Talbot Voter ~ [] [] []
[] Tax Receiver's Appt Albert ~ [2 []
[] Rescinded Louisa P. Evans Initiator [] [] [] []
[] Town Clerk's Appt
[] Supt Hgwys Appt Scott Russell Voter [] [] [] []
[] No Action
Next: Nov 9, 2011 7:00 PM
2011-737
CA TEGOR Y:
DEPARTMENT:
Enact Local Law
Town Clerk
LL #14 of 2011 Stop Signs Nassau Pt
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 27thth day of September, 2011, a Local Law entitled "A Local Law
in relation to Amendments to Chapter 260~ Vehicles and Traffic~ in connection with Stop
Signs on Nassau Point Road" and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons will be given an opportunity to be heard, now
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, "A Local Law in relation to Amendments to Chapter 260~ Vehicles and
Traffic~ in connection with Stop Signs on Nassau Point Road" reads as follows:
LOCAL LAW NO. 14 of 2011
October 25, 2011
Southold Town Board Meeting Minutes
Page 33
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 260~ Vehicles
and Traffic~ in connection with Stop Signs on Nassau Point Road".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Purpose.
Traffic moving uninterrupted at a high rate of speed along Nassau Point Road in
Cutchogue has resulted in a safety concern for the residents in that area, as well as for
traffic moving along cross streets. Accordingly, to maintain public safety, it is necessary
to install stop signs along Nassau Point Road at the intersection of Vanston Road.
II.
Chapter 260 of the Code of the Town of Southold is hereby amended as follows:
§260-4. Stop intersections with stop signs.
The following highway intersections are hereby designated as stop intersections and stop
signs shall be erected as follows:
At Intersection
Stop Sign On Direction of Travel With
Nassau Point Road North Vanston Road
Nassau Point Road South Vanston Road
Location
(hamlet)
Cutchogne
Cutchogne
IIL SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Vote ReCOrd- Resolution RES-20ii-7~7
[] Adopted
[] Adopted as Amended
[] Defeated V~s/AYe No/Nay Abstain Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Vincent Orlando Seconder [] [] []
[] Supervisot~s Appt Christopher Talbot Voter [] [] [] []
[] Tax Receiver's Appt Aibert Krupski Jr. Voter [] [] [] []
[] Rescinded Louisa P. Evans Initiator [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] U1 [] []
[] Supt Hgwys Appt
[] No Action
Comments regarding resolution 737
COUNCILMAN RULAND: I have heard the position of the Highway Superintendent and I
previously heard the position of the Chief of Police. I understand the Supervisor's point of view
and I have heard from the residents. It seems to me that ! agree with Councilman Krupski but I
can't go against the wishes of that many people because they are the ones that are going to either
October 25, 2011
Southold Town Board Meeting Minutes
Page 34
benefit from it or come back at another time and say this isn't working, you have got to take it
out, so I vote aye.
COUNCILMAN ORLANDO: I have to disagree, I agree with Mr. Harris, Mr. Lademann,
Councilman Krupski and Talbot. I have been up and down the road many times myself and I
know coming out of Vanston, you look left, you look right and count to 5 and make sure no one
is coming and make that left safely, maybe we can clear some brash on the comer so that people
can take a look over there. You know, we always talk about too much signage in the town and
now we actually are going to put up three signs, two stop signs and a stop ahead sign to a
beautiful neighborhood in Nassau Point. So I think there are other ways, I don't think stop signs
are the first line of defense for traffic calming. We should get the police down there to do radar,
to slow down the speeding, so at this point, I am going to have to say no.
COUNCILMAN TALBOT: No.
COUNCILMAN KRUPSKI: No.
JUSTICE EVANS: I agree with Councilman Ruland's rationale and so I am voting yes.
SUPERVISOR RUSSELL: And i have state whyI am voting yes. Ye~.
2011-738
CATEGOR~
DEPARTMENT:
Landfill Misc.
Town Clerk
Hurricane Debris Fee Waiver
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Cutchogue Compost Facility to waive normal tip and entry fees at the facility for tree debris
resulting from Hurricane Irene effective immediately through November 30, 2011.
~' Vate Ree0~d ~ Resolution P. ES-2011;738
[] Adopted
[] Adopted as Pdnended
[] Defeated Yes/Aye No/Nay : Abstain Absent
[] Tabled William Ruland Voter gl [] [] []
[] Withdrawn Vincent Orlando Seconder [] [] [3 []
[] Supervisor'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
Comments regarding resolution 738
COUNCILMAN TALBOT: Another attempt at killing the private sector, there is a guy next
door with a private yard who the Town approached about dumping stuff there because they can't
October 25,2011
Southold Town Board Meeting Minutes
Page 35
handle it anymore, they want to dump it in his yard.
SUPERVISOR RUSSELL: I am just trying to do what I can to see if we can take some of the
burden offofthe Highway Department. There might be a bell that rang and we can't unring but
we can at least try. Alright? Can I get a vote?
COUNCILMAN ORLANDO: Don't know if it will work, Pete, but we will give it a try.
MR. HARRIS: I appreciate. Thank you.
COUNCILMAN RULAND: Pete, have you spoken with the Chief of Police as well? Excuse
me?
MR. HARRIS: Yes, I have.
COUNCILMAN RULAND: Okay.
Motion To: Motion to recess to Public Heating
RESOLVED that this meeting of the Southold Town Board be and hereby is declared
Recessed in order to hold a public hearing.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Albert Krupski Jr., Councilman
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
VI. Public Hearing
7:32 PM 10/25/11 - PH LL/Tear Down
RESULT: CLOSED [UNANIMOUS]
MOVER: Albert Kmpski Jr., Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
Councilman Christopher M. Talbot
COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been presented to the
Town Board of the Town of Southold, Suffolk County, New York, on the 27thth day of
September, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter
144~ Fire Prevention and Building Code Administratiom and Chapter 280~ Zoning" now,
therefore, be it
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will
hold a public heating on the aforesaid Local Law at Southold Town Hall, 53095 Main Road,
Southold, New York, on the 25th day of October, 2011 at 7:32 p.m. at which time all interested
persons will be given an opportunity to be heard.
October 25, 2011 Page 36
Southold Town Board Meeting Minutes
The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 144~
Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning" reads as
follows:
LOCAL LAW NO. 2011
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144~ Fire
Prevention and Building Code Administration~ and Chapter 280~ Zoning".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
The Town Board has reviewed Chapter 144, Fire Prevention and Building Code
Administration, and Chapter 280, Zoning, and has determined that certain revisions are required
to clarify the building permit application process and to add or revise certain definitions to the
Zoning Code to clarify the distinction between demolition, alteration, enlargement and
reconstruction. The Town Board has also determined to authorize the Zoning Board of Appeals
to refer certain applications to an independent consultant upon the vote of a majority plus one of
the Zoning Board of Appeals.
II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows:
§ 144-8. Building permit required; application for permit.
Applications.
(1) Every application for a building permit shall be made in writing, on a form
provided by or otherwise acceptable to the Building Inspector. The application
shall be signed by the owner or an authorized agent of the owner and contain the
following information and be accompanied by the required fee. In addition, plans
and specifications shall be filed with the building permit application to enable the
Building Inspector to examine such plans to ascertain if the proposed building will
comply with applicable requirements of the Uniform Code and the Energy Code.
The application shall include or be accompanied by the following information and
documentation:
(a) The actual shape, dimensions, radii, angles and area of the lot on which
the building is proposed to be erected, or of the lot on which it is situated
if an existing building, except in the case of the alterations of a building
which do not affect the exterior thereof.
(b) The section, block and lot numbers, if any, as they appear on the latest tax
records.
(c) The exact size and locations on the lot of the proposed building or
buildings or structural alteration of an existing building and of other
existing buildings on the same lot.
(_d) A survey of the lot accurately depicting all currently existing and proposed
October 25,2011 Page 37
Southold Town Board Meeting Minutes
(h)(m_)
structures.
(d)(eD The dimensions of all yards in relation to the subject building and the
distances between such building and any other existing buildings on the
same lot and adjacent lots as well as the calculation of existing and
proposed lot coverage.
(e)(_f) The existing and intended use of all buildings, existing or proposed, the
use of land and the number of dwelling units the building is designed to
accommodate, and the necessary computations to establish conformity to
the bulk and density regulations.
(f)(g) Such topographic or other information with regard to the building, the lot
or neighboring lots as may be necessary to determine that the proposed
construction will conform to the provisions of this chapter.
(g)(h) An application for a building permit for construction on a vacant lot which
is not on an approved subdivision map shall be accompanied by a certified
abstract of title issued by a title company which shall show single and
separate ownership of the entire lot prior to April 9, 1957.
(h)(i) A plot plan drawn to scale and signed by the person responsible for each
drawing. At the discretion of the Building Inspector, a survey may be
required, prepared by a licensed engineer or land surveyor.
(i)(i) Each application for a building permit for a new dwelling unit shall be
accompanied by plans and specifications bearing the signature and
original seal of a licensed professional engineer or architect.
(k) In instances where a Notice of Disapproval has been issued by the
Building Inspector and an application for a building permit is submitted
after subsequent review and approval by the Town of Southold Board of
Trustees, the Zoning Board of Appeals, and/or the Planning Board, the
applicant shall also submit the approved plan stamped as "approved" by
the respective Board and a copy of the Board's final determination.
(J)(D Construction documents will not be accepted as part of an application for a
building permit unless they satisfy the requirements set forth above.
Construction documents which are accepted as part of the application for a
building permit shall be marked as accepted by the Building Inspector in
writing or by stamp. One set of the accepted construction documents shall
be returned to the applicant to be kept at the work site. However, the
return of a set of accepted construction documents to the applicant shall
not be construed as authorization to commence work, or as an indication
that a building permit will be issued. Work shall not be commenced until
and unless a building permit is issued.
All work shall be performed in accordance with the construction
documents which were submitted with and accepted as part of the
application for a building permit. The permit holder shall immediately
notify the Building Inspector of any change occurring during the course of
work. The building permit shall contain such a directive. If the Building
Inspector determines that such change warrants a new or amended
building permit, such change shall not be made until and unless a new or
October 25,2011 Page 38
Southold Town Board Meeting Minutes
amended building permit reflecting such change is issued.
IlL Chapter 280 of the Code of the Town of Southold is hereby amended as follows:
§ 280-4. Definitions.
The following definitions have been added and/or revised:
ALTERATION -
or mn en!arg~cnt
modification made in or on an existing building or structure that does not in.ease its exterior
dimensions.
DEMOLITION - Any removal of a structure or potion thereo[ the replacement cost of which
equals or exceeds 50% of the replacment cost new of the existing stmc~e before the st~ of
construction and qualifies as a Level 2 alteration under the New York State Building Code
(which includes the reconfi~ation of space, the addition or elimination of any door or window,
the reconfi~ration or extension of ~y system, or the installation of any additional equipment).
ENLARGEMENT - As applied to ~ existing s~cture, any activity causing an in.ease in one
or more ext~or dimensions of the building or s~cture or ~y p~ thereoK
RECONSTRUCTION - Following dmolition, the replacement, in place ~d in kind, of a
previously existing structure.
ARTICLE XXIII
Nonconforming Uses and Buildings
§ 280-122. Nonconforming buildings with conforming uses.
A. Nothing in this article shall be deemed to prevent the remodeling alteration,
reconstruction or enlargement of a nonconforming building containing a conforming use,
provided that such action does not create any new nonconformance or increase the degree
of nonconformance with regard to the regulations pertaining to such buildings.
§ 280-123. Nonconforming buildings with nonconforming uses.
A. A nonconforming building containing a nonconforming use shall not be enlarged,
reconstructed or structurally altered or moved, except as set forth below, unless the use of
such building is changed to a conforming use.
(1) Nonresidential uses:
(a) Nothing in this article shall be deemed to prevent the r~model4e, g
alteration, reconstruction or enlargement of a nonconforming or
conforming nonresidential building with a nonconforming nonresidential
use or construction of an addition to existing buildings or additional
building on the premises, so long as said increase in size of the buildings
created by enlargement of the existing buildings or structures or by the
construction ora new and separate building or structure does not result in
an increase in the overall building footprint(s) of more than 15%, except
October 25,2011 Page 39
Southold Town Board Meeting Minutes
(b)
that said increase shall not exceed the applicable maximum lot coverage.
In addition, all other setback and area requirements shall apply.
Nothing in this article shall be deemed to prevent the r-~nmbging
alteration, reconstruction or enlargement of a nonconforming or
conforming nonresidential building with a nonconforming use or
construction of an addition to existing building(s) or additional building on
the premises, so long as said increase in size of the building(s) created by
enlargement of the existing buildings or structures or by the construction
of a new and separate building or structure does not result in an increase in
the overall building footprint(s) of more than 30%, except that said
increase shall not exceed the applicable maximum lot coverage, and all
other setback and area requirements shall apply, provided that the
following site remediation measures, in full or in part, as shall be
determined by the Planning Board within its sole discretion, are included
as an essential element of the aforesaid expansion:
[ 1 ] Substantial enhancement of the overall site landscaping and/or
natural vegetation.
[2] Employment of best visual practices by upgrades to existing
building facades and/or design of new buildings and/or the
additions to existing buildings which accurately or more accurately
depict the historic and/or existing rural character of the immediate
and nearby neighborhood(s).
ARTICLE XXVI
Board of Appeals
§ 280-146. Powers and duties.
In addition to such powers as may be conferred upon it by law, the Board of Appeals shall have
the following powers:
A. Appeals: to hear and decide appeals from and review any order, requirement, decision or
determination made by the Building Inspector.
B. Variances: Where there are practical difficulties or unnecessary hardships in the way of
carrying out the strict letter of these regulations, the Board of Appeals shall have the
power to vary or modify the application of such regulations so that the spirit of this
chapter shall be observed, public safety and welfare secured and substantial justice done.
C. Special exceptions, special permits and other approvals: Whenever a use or the location
thereof is permitted only if the Board of Appeals shall approve thereof, the Board of
Appeals may, in a specific case and after notice and public hearing, authorize such
permitted use and its location within the district in which this chapter specifies the
permitted use may be located.
D. Interpretations: on appeal from an order, decision or determination of an administrative
officer or on request of any Town officer, board or agency, to decide any of the
following:
(1) Determine the meaning of any provision in this chapter or of any condition or
October 25,2011 Page 40
Southold Town Board Meeting Minutes
requirement specified or made under the provisions of this chapter.
(2) Determine the exact location of any district boundary shown on the Zoning Map.
Review by Independent Consultants:
(1) Upon a majority plus one vote of the Board of Appeals' determination that
referral to an independent consultant(s) is deemed necessary, an escrow account
for the applicant shall be established with the Town Comptroller's Office. Said
escrow account shall be established prior to the Town's referral of the application
to its consultant(s). Said escrow account shall be funded by the applicant in an
amount to be determined by the Board of Appeals. Upon the determination that
any application shall be subject to the Town's review aided by a consultant(s) as
set forth herein, no application shall be considered complete for review purposes
until an escrow account is established and funded.
(2) Withdrawals from said escrow account may be made from time to time to
reimburse the Board of Appeals for the cost of its consultant&) professional
review services actually incurred. Whenever the balance in such escrow account
is reduced to ¼ of its initial amount, the Board of Appeals shall notify the
applicant; thereafter, the applicant shall deposit additional funds into such account
so as to restore its balance to ¼ of the initial deposit or to such sum as deemed
necessary by the Board of Appeals. If such account is not replenished within 30
days after the applicant is notified in writing of the requirement for such
additional deposit, the Board of Appeals may suspend its review of the
application.
(3) The consultant(s) will work under the direction of the Board of Appeals
Chairperson. Copies of the consultant(s') qualifications, findings and reports will
be provided to the applicant and an opportunity given to the applicant to respond
to the content of the consultant(s') report prior to any decisions being made.
IV. 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.
V. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
I have a notice here that this was noticed in the Suffolk Times newspaper on October 13,2011. I
have a letter from the Suffolk County Department of Planning, "Pursuant to the requirements of
sections A14-14 thru A14-25 of the Suffolk County Administrative code, the above referenced
application which has been submitted to the Suffolk County Planning Commission is considered
to be a matter of local determination as there is no apparent significant county wide or inter-
community impact. A decision of local determination should not be construed as either an
approval or disapproval. Signed, Sarah Lansdale, Director of Planning and Andrew Freleng,
Chief Planner" I have a memo from Martin Sidor, Chairman of the Planning Board "Thank you
for the opportunity to provide comments on the proposed amendments to the town code
October 25, 2011
Southold Town Board Meeting Minutes
Page 41
referenced above. The Planning Board has reviewed the proposed amendments and supports
these changes." From Mark Terry, Principal Planner and LWRP coordinator, "The proposed
local law has been reviewed to Chapter 268, waterfront consistency review of the Town of
Southold town code and the local waterfront revitalization (LWRP) policy standards. Based
upon the information provided to this department as well as the records available to me, it is my
recommendation that the proposed action is consistent with the LWRP policy standards and
therefore is consistent with the LWRP.' I also have notification that this appeared on the Town
Clerk's bulletin board on October 13,2011. That is all:
Supervisor Scott A. Russell
SUPERVISOR RUSSELL: Would anybody like to comment on this particular local law?
Eugene?
Eugene Burger, Burger Const., Cutchogue
EUGENE BURGER: Eugene Burger, Cutchogue. Scott, today you asked me if I had any
suggestions, I think that we need to spend a little more time on this and maybe bring in some of
the local professionals, permit expeditors, architects, builders and get together with the code
committee, you guys, Trustees because I think there are things that everybody doesn't
understand and I just think that would be wise. Inaudible.
COUNCILMAN KRUPSKI: What specifically with the code amendments do you think need
more work?
MR. BURGER: Well, the demolition code with the 50% value, I don't think that is going to be
correct. I would like to see the bluffs on the bay addressed, I think we have some major issues
with that, just a whole slew of things that we could get into. I don't think tonight and here is
really, I think we should have other people, like I said permit expeditors, architects, people that
deal with the town code on a daily basis, I think there are processes that go on that you guys
don't even understand, that was obvious today. What happened today. I just think it is wise, to
take our time with this, these things could backfire on us.
SUPERVISOR RUSSELL: I am inclined to agree with you but just so you understand, this isn't
a new proposal, this has been languishing in Town Hall for almost two years. We have had code
committee meeting after code committee meeting on this discussion. This is not a new proposal.
We have certainly made that effort, we have noticed everybody, we have certainly made that
effort. I know we have had some of the local attorneys at one of the code committee meetings,
so some of these ideas have been vetted. It is not new. If we need to sit back before taking
action tonight and have another discussion particularly with the issue you raised with the
Trustees today, although I am still not clear why the Trustees are determining what is a knock
down and what is a renovation, that should be solely under the aegis of the Building Inspector
but that is an issue we can discuss at the code committee meeting.
MR. BURGER: I think I would like to have that opportunity, and I would like to try and bring
more people on board with the. I just realized when it was posted in the paper that this was even
happening, two weeks ago.
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Southold Town Board Meeting Minutes
COUNCILMAN KRUPSKI: Well, we wanted to bring it out to the public to get, for the purpose
of getting input.
MR. BURGER: I understand.
COUNCILMAN KRUPSKI: Because it is hard to, it is a complicated thing.
MR. BURGER: I don't know why these professional people aren't here tonight. I would like
the opportunity to kind of rally the troops and have a good round table work session about this, I
just think it is to the benefit of everybody.
SUPERVISOR RUSSELL: Let me just ask you this, do you think it would be better if we had, a
lot of our code committee meetings are held in the aftemoon but given the nature of the trade, do
you think it would be better if we had a code committee meeting in the evening, to get the kind
of input you are looking for?
MR BURGER: Absolutely, I personally am going to make some phone calls to the people that
have to deal with these issues everyday.
SUPERVISOR RUSSELL: Just so you know, a lot of this just mirrors what FEMA requires.
We didn't invent the wheel here.
MR. BURGER: I understand. You know, Scott, I think there is definitely a lot of room for
improvement because I think there is a lot that you aren't even aware and I think that needs to be
covered a little bit.
COUNCILMAN RULAND: May I ask you a question? You mentioned on two occasions that
you would make some phone calls to some people, do you think they would respond and come to
a code committee meeting and express their opinions?
MR. BURGER: Yes, I do. Absolutely. You know, I am thinking local architects, particularly
permit expeditors, even some attorneys in the town. People that have constantly have to go in
front of the Trustees and that kind of stuff. Like I said today, you know, it is a tough, tough
process to go through a Trustee meeting. People come in, they have lawyers, real estate agents,
two, three architects ....
SUPERVISOR RUSSELL: I think we are making this a lot more complicated than it needs to
be. What this code definition does, it simply complies with FEMA and state building code. If
Trustees are out determining what is a knock down versus a renovation, well we need to question
the process and why isn't the building inspector, the first application which it should be in any
residential construction. But those again, I don't know how the rest of the Board feels, I don't
mind holding back to explain this but I don't think fundamentally it is imperfect. I think it is
straightforward definitions, this is the definition of what a knock down is versus what a
renovation is.
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Southold Town Board Meeting Minutes
Page 43
MR. BURGER: Well, I am particularly concerned about the demolition ....
COUNCILMAN TALBOT: The 50 percent?
MR. BURGER: Yeah, because I just think and you even heard it from a Trustee today and it is
just, when you put a definition into it and then that demolition is in their part of the code, that is
how they are going to interpolate it and I just think it's ....
SUPERVISOR RUSSELL: That is pretty much what we are going for, so that everybody is
reading it the same way, that is why we are bringing clarity to the definition.
COUNCILMAN KRUPSKI: I don't have a problem with having a night Code Committee
meeting.
COUNCILMAN RULAND: No, I don't either.
COUNCILMAN KRUPSKI: Get everything straightened out, so we are all on the same page.
SUPERVISOR RUSSELL: But I have got to tell you, bring people with not just a sense of what
you don't like about this, bring a sense of, this is a real issue and it has to be addressed and we
need to stop seeing the threading of the needle of renovations turning into complete rebuild, so I
think the Town Board is intent on defining this with clarity, so by all means, we can set this up
for an evening Code Committee but bring constructive suggestions.
COUNCILMAN KRUPSKI: And as far as the last part about hiring the consultants, years ago
we changed that with the Trustee code and we asked the Trustee president Jill Doherty today
how many times it has been used in six years and she said one time. So it is not like it is
something that has been abused by town agencies.
MR. BURGER: I would agree with that, my only suggestion was that you just put more
restrictions to what you write in there because it is a little vague. I mean, just because it hasn't
been abused in the past doesn't mean it won't be abused going forward. If you get a certain
mentality on the Board, it has the potential to be abused the way it is written. That was my only
point about that.
SUPERVISOR RUSSELL: Then FEMA has, it is modeled on FEMA, I mean, there is ....
COUNCILMAN TALBOT: You are talking about the consultant?
MR. BURGER: The consultant and the fees and the use for consultant.
SUPERVISOR RUSSELL: Oh, you are talking about for the ZBA now.
MR. BURGER: Right, that is what Albert brought up.
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Southold Town Board Meeting Minutes
COUNCILMAN KRUPSKI: Because I don't think, the ZBA has it, too.
SUPERVISOR RUSSELL: You know, to be candid, we did have some concerns about that and
we tried to allay those concerns by requiring not just a majority but a majority plus one. If four
out of five members feel that compelled that they need an independent consultant, particularly
with the nature of the new applications, cell technology and all these things, we felt like the
majority plus one covered that. We have to give them the discretion ....
MR. BURGER: You are referring to cell towers and stuff like that? I am saying, what if
someone starts using it for other purposes, you know?
JUSTICE EVANS: You wouldn't probably get the majority plus one vote.
MR. BURGER: You are probably fight about that.
SUPERVISOR RUSSELL: That is why, there are five members on that Board and what we
would essentially require is four out of five saying yeah, this is a compelling enough reason to
get an independent consultant to guide us, the applicants have that and they have the right to get
scientific backing for any decision making they make. I am not sure that one is, I want to, in the
night meeting but I will discuss the knock down demolition issue but I don't know how the rest
of the Board feels, so.
COUNCILMAN TALBOT: I have no problem. I would rather see these guys come in before
we enact it. At least, a lot of times you don't, we are not going to adopt the whole thing or even
parts of it, so I would rather have people come in and voice their opinion before adopting it and
everyone comes in crying after. It is better to get it clarified beforehand.
MR. BURGER: I would like to make sure it is real clear so we can work with the Trustees on
it ....
COUNCILMAN KRUPSKI: That is a procedure thing. That should be worked out very easily.
COUNCILMAN TALBOT: It was very surprising to me today that demolition is determined in
front of the Trustees, not in front of the building inspector, so that shouldn't be happening.
SUPERVISOR RUSSELL: No, and that is something we need to correct, as an institution.
JUSTICE EVANS: Regardless of who determines it, there should be a definition that they can
follow...
COUNCILMAN TALBOT: Yes, this is when clarified.
SUPERVISOR RUSSELL: One standard definition.
Jill Doherty, Town Trustee President
JILL DOHERTY, PRESIDENT SOUTHOLD TOWN TRUSTEES: Jill Doherty, President of
October 25,2011 Page 45
Southold Town Board Meeting Minutes
the Board of Trustees. In most cases, people come to the Trustees before they come to the
Building Department. So, we are forced to review whether it is going to be demolished or not.
And we really don't make a determination, we ask the applicant that question and they either say
yes or no. and then if they say no, it is not a demolition, then we say okay, if you are in the
middle of doing your renovations that we give you approval for and then you find that it has to
become a demolition, you need to stop and come back to us and amend your permit. So we
don't make a determination whether it is a demolition or not but we, but nobody else has because
they have come to us first, so we rely on the applicant. If we have to change that procedure, we
can work it out with the Town Board how we want to do that, if we have to send people to the
Building Department first, then so be it. I think it is a procedural thing.
SUPERVISOR RUSSELL: Really, if the building permit is required, I don't know why
everything doesn't start with the building department. That is...
MS. DOHERTY: If that is what the Town Board wants, to change the process then so be it but
for now, it has always been this way, that you have gone to the Trustees first.
COUNCILMAN KRUPSKI: It is the chicken or the egg.
MS. DOHERTY: Yes.
COUNCILMAN ORLANDO: It is time for change. I think they need to go to the Building
Department for determination...
MS. DOHERTY: It could be.
COUNCILMAN TALBOT: But that is also where we have had problems, that is why.
JUSTICE EVANS: Even if they came to you first, now you would have a definition on how to
determine on whether it is a demolition or not as opposed to just the applicant telling you and
then changing what they are doing midway ....
MS. DOHERTY: But then who is, is it up to my staffto determine and interpret that definition?
SUPERVISOR RUSSELL: Well, I think what we envision is it ....
MS. DOHERTY: That is what I am worT/ed about.
SUPERVISOR RUSSELL: I think what we envision is it is up to the Building Department,
where it should be.
COUNCILMAN ORLANDO: The Building Department should analyze it, look it over, the
plan. Determine whether it is a reconstruction or demolition and what permits they need. Do
they need to go to the Zoning Board plus the Trustees, then they write that up and hand it back to
the applicant. And they follow a path.
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Southold Town Board Meeting Minutes
MS. DOHERTY: So the Trustees staff has to, when we get an application for construction, has
to say you need to go to the Building Depax2nent first?
COUNCILMAN ORLANDO: Direct them to...
COUNCILMAN KRUPSKI: But you are always going to have conflicts with certain
applications...
MS. DOHERTY: Sure.
COUNCILMAN ORLANDO: They can come in and ask questions but they should go to the
Building Department.
COUNCILMAN KRUPSKI: Plans change and then you are going to have to go back and forth
sometimes, for some difficult ones but you are not going to find a perfect fit for every one.
MS. DOHERTY: Yes, we have worked hard in trying to reduce the back and forth and as you
know and we have coordinated much better with the Zoning Board and the Building Department
in the past couple of years and I am just concerned this is a back step and it might be something
that we have to put through and work with and then tweak later. I don't know.
COUNCILMAN TALBOT: These guys, the ones that will be issuing the building permits, they
are the ones that have the knowledge in reviewing what a permit looks like, what is entailed in a
renovation, alteration, so if they look at a thing and know that it is going to be moving six
different windows around or reframing existing ones to be a little bit bigger, they should be able
to pick that stuff up, determine if it is greater than the 50 percent that we are going to be
clarifying and then that would be it.
MS. DOHERTY: It might be something as simple as that the Trustee application has to add
another question, is this a demolition or a renovation as per and then we put the code number and
then they answer that question and we rely on that because eventually it is going to get to the
Building Department and then the Building Department double checks, like you were saying
today, have a stamp on every code; then they know that that is all the same.
COUNCILMAN TALBOT: To me, if we work it out that way and it is the fastest way, then that
is fine. It is not like we are sending it to Peoria, you are walking 10 steps over to the Building
Department.
MS. DOHERTY: Right. Right. Well, if a simple way is just adding another question to our
application, it stops the ping pong, then that is fine. As long as in the end, the Building
Department makes that determination.
SUPERVISOR RUSSELL: They should at the beginning and at the end.
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Southold Town Board Meeting Minutes
MS. DOHERTY: Yes.
SUPERVISOR RUSSELL: Everything should start and stop there.
MS. DOHERTY: Okay. Thank you.
Eugene Burger
MR. BURGER: Just one more thing about that, I think that the reason Why we end up going to
the Trustees first is that it helps move the process along faster and that is a big part of what, the
process is already a very long process, just to get through the Trustees and then through the
Building Department and the way things are going, a lot of the other government agencies are
depending on Trustees first, like DEC won't even accept an application without a Trustee
approval first, the Health Department wants DEC approvals, so it is all these different things.
And when Martin suggested today, just go back to the ZBA, that, you are making the permit
process well over a year period of time by doing that kind of stuff. So you are really want to try
and streamline...
SUPERVISOR RUSSELL: But we are trying to streamline the process by having clear
language, so we all understand that at the front of the door, what is really a knock down and what
is really a renovation. And anybody that gets delayed in that process is probably because they
didn't represent it was a complete re-build. That is the delays of the past and I am aware of and I
looked at every piece of property out here for 15 years as an Assessor and most of those delays
were the result of someone who was doing a knock down but simply called it a renovation. This
is to try to make the process faster and simpler, so we all have a clear understanding of what we
are talking about at the beginning of the game. But again, let's have an evening meeting and we
will discuss it, we will flesh it out. I don't mind that but something has to be done here.
MR. BURGER: I agree with that. I agree. Thank you.
Supervisor Russell
SUPERVISOR RUSSELL: Would anybody else like to address on this particular local law?
COUNCILMAN KRUPSKI: Motion to close the heating? Are you going to recess it?
SUPERVISOR RUSSELL: I am not sure, there is a lot of selling to do before we are going to
change what I think is a good law tight now.
TOWN ATTORNEY FINNEGAN: Do you want to adjourn it?
JUSTICE EVANS: But if we make changes, we are going to have to re-hear it, right?
SUPERVISOR RUSSELL: I would adjourn it. And then we will determine when we are done,
what the product looks like, whether it has to be re-noticed or not. But let's adjourn it and have a
discussion with Eugene and others and see what the product is. I would say let's adjourn this
heating.
October 25, 2011
Southold Town Board Meeting Minutes
Page 48
o
Set PH LL/Stop Signs on Nassau Point Road
RESULT: CLOSED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Albert Krupski Jr., Councilman
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
Councilman Talbot
COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been presented to the
Town Board of the Town of Southold, Suffolk County, New York, on the 27thth day of
September, 201 l, a Local Law entitled "A Local Law in relation to Amendments to Chapter
260~ Vehicles and Traffic~ in connection with Stop Signs on Nassau Point Road" now,
therefore, be it
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will
hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road,
Southold, New York, on the 25th day of October, 2011 at 7:34 p.m. at which time all interested
persons will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 260~
Vehicles and Traffic~ in connection with Stop Signs on Nassau Point Road" reads as follows:
LOCAL LAW NO. 2011
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 260~ Vehicles
and Traffic~ in connection with Stop Signs on Nassau Point Road".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Purpose.
Traffic moving uninterrupted at a high rate of speed along Nassau Point Road in
Cutchogue has resulted in a safety concern for the residents in that area, as well as for
traffic moving along cross streets. Accordingly, to maintain public safety, it is necessary
to install stop signs along Nassau Point Road at the intersection of Vanston Road.
II. Chapter 260 of the Code of the Town of Southold is hereby amended as follows:
§260-4. Stop intersections with stop signs.
The following highway intersections are hereby designated as stop intersections and stop
signs shall be erected as follows:
Stop Sign On
At Intersection Location
Direction of Travel With (hamlet)
Nassau Point Road North Vanston Road Cutchogne
Nassau Point Road South Vanston Road Cutchogne
October 25,2011 Page 49
Southold Town Board Meeting Minutes
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
I have a notice that it was posted in the Suffolk Times on the 13th of October 2011, on the Town
Clerk's bulletin board on the 13th day of October 2011 and that is it.
Supervisor Russell
SUPERVISOR RUSSELL: Would anybody like to comment on this particular local law? Yes,
Peter.
Supt of Highways Peter Harris
PETER HARRIS, SUPERINTENDENT OF HIGHWAYS: Peter Harris, Superintendent of
Highways, Town of Southold. I believe all the members of the Board, I had sent you all a memo
on my professional opinion pertaining to this law. I do not feel that it is necessary for this stop
sign, two way stop signs on Nassau Point Road to be installed. In the almost 10 years that I have
been in office, to my knowledge, there has never been a traffic accident at that location. I had,
when the Southold Town Transportation Commission had acted on this and sent something back
to the Board, I am a member of that Transportation Commission however, I was out recuperating
from surgery at the time, so I was not at that meeting so I couldn't voice my opinion. Again, I
went down to that location, the intersection of Vanston where it comes in and it meets Nassau
Point Road. One of the things I saw that to me was a little alarming as far as from a safety
standpoint, is the very large sign welcoming everyone to Nassau Point and the shrubbery that has
been planted on that comer. That in essence is, you can't see, it is very tough to see oncoming
traffic heading in a northerly direction coming off the point. Coming on to the point, there is a
rise and quick fall of the roadway. Even with a sign alerting stop sign ahead, I feel you are
making the intersection more dangerous than what you may, what the residents of the point may
feel that is there now. Vanston Road is an intersecting road, to me, you do not put stop signs on
as a means of, for speed control, okay? You have police to do that. Signage, but to turn around,
I just, from a professional standpoint you are making an intersection more dangerous than what
is currently there. So from my standpoint as the Highway Superintendent, I am against this local
law.
Tom Cornwell, Nassau Pt., Cutehogue
TOM CORNWELL: Tom Comwell, Nassau Point resident and president of the Nassau Point
property owners association. It is not so much the speed, if people didn't speed, it would be less
of a problem, but we need to have the stop sign in both directions for two reasons in my opinion.
Particularly during the summer time we have lots of pedesthans going to and from the causeway
to go to the beaches. And there is a lot of blind spots at that particular comer, so if we have
people stopping, they are not zipping through at 30 to 40 mph, sometimes more. Heading north
October 25,2011 Page 50
Southold Town Board Meeting Minutes
on Nassau Point Road, there are two crests with a dip and the stop sign would have to go, this is
Vanston Road coming in if you will, there is a crest and a dip and the problem with coming out
of Vanston on to Nassau Point Road is there is about 5 seconds, 4 seconds that a car disappears
here, so when you pull out and it has happened to a lot of us who pull out, that all of a sudden
you will find someone on your tail if you don't accelerate pretty quickly. If you are coming
north on Nassau Point Road, the rear end question is almost eliminated because you can see from
the first crest, the crest farthest away from the stop sign or the proposed stop sign, you can see
where the stop sign would be, any car that would be there. If you are in the valley, you would
have been, you would have seen the car in front of you from the crest beforehand, so the rear end
question is really I think a little incorrect. If I may quote a few more statistics, at 30 mph a car
takes 109 feet to stop, according to James Madison University. A track takes 123 feet to stop.
At 40 mph, a car takes 164 feet and a truck takes 190 feet. Those distances are plenty within,
well within the tolerance levels to prevent rear ends. So I disagree rather much with
Superintendent Hams, I do think it is necessary. We have lots of people who use the Vanston
exit to get off the Point who have bitterly complained about problems. Again, I think the car
issue however, is less of a problem than children walking to the beach, during the summertime
particularly. Thank you.
SUPERVISOR RUSSELL: Just to give you a quick history, the request had come in, the
Transportation Commission had reviewed it and I presume, Pete, that that wasn't a meeting that
you were able to attend. The Transportation Commission did raise some, certain concerns. First
being the lack of data to suggest that there had been accidents and that it was warranted,
secondly, they raised the issue of I believe, history. I believe there were stop signs there I want
to say, I am trying to remember, I actually grew up right off of Vanston so I want to say maybe
15 years ago or thereabouts. I think Dave Bergen can tell you. I think he recalls stop signs as
well. Maybe not but I thought I remembered that for a short time they were there.
COUNCILMAN TALBOT: They were on the east side of the causeway.
SUPERVISOR RUSSELL: They ....
COUNCILMAN TALBOT: They were on the east side of the causeway and they took them
down pretty quickly.
SUPERVISOR RUSSELL: Okay, then that wouldn't be pertinent to the discussion then. But
what they did was look, you asked as a board of directors, go out and get a consensus of what the
community down there, it is a community road, get a sense of what the community wants and I
was at your meeting and it was pretty clear that the overwhelming majority of the people that
were at the meeting wanted the stop signs. There were a few detractors but generally, most of
the people at that summer meeting were very much supportive of the installation. But it is not
for me to impose my will on that large community. I will support it simply because that is what
the community asked for by a great margin. Anybody else want to comment on this particular
issue?
John Lademann, Cutchogue
JOHN LADEMANN: John Lademann, Cutchogue. I ran an business and I used to go to Nassau
October 25,2011
Southold Town Board Meeting Minutes
Page 51
Point quite a bit and as a volunteer fireman, fire chief, I don't think it is necessary to have stop
signs there. I have traveled there so many times in 50 something years and never saw an
accident there either. So I just want to comment. I back up what Mr. Harris said.
Tom Cornwell
MR. CORNWELL: Tom Comwell again. I think one of the issues that when I hear history,
Nassau Point has changed so dramatically in the last particular 10 years with many more children
and it is just not the same as it used to be. We have many more contractors on the Point, some
who don't seem to understand 30. I am not sure they understand 40 but that is another issue.
The fact of the matter is that the vast majority of the members of the association would like stop
signs put in on Nassau Point Road to not so much slow traffic down but to make it easier to exit
the Point from Vanston.
Ellen Paterno, Vanston Rd., Cutchogue
ELLEN PATERNO: Ellen Patemo. I live on Vanston Road, so one of the things is that there are
so many of the roads that exit on to Vanston and those people have to come out of Vanston onto
Nassau Point Road to get out of there and pretty much the way you have to do it is you look
quickly and you know that there are those dips in the road, which is really the main problem and
just hold your breath and just go because I have seen so many times that you almost get clipped
or all of a sudden the car is not there and then it is there and we have so many people on the
roads now walking and tiding bikes and I don't think we want to discourage that but honestly, it
is dangerous for people to be doing that with the situation here. At least the stop signs would
control the situation more and you know, if you see a car stopped, you can go but at this point, it
is really a very bad situation and the fact that maybe there hasn't been accidents is just for the
grace of god because I just think it is a big problem there, so I hope that you will consider putting
them.
COUNCILMAN KRUPSKI: Just for the, my opinion is and I am familiar with that intersection
and I think there have been no accidents there because people know it is not a perpendicular
straight away type, wide open type intersection. People there are familiar with it and they are
cautious there because they know that people can come around the comer or can come over the
hill pretty quickly, so you have to be cautious. And being familiar with it and I didn't grow up
there like the Supervisor but I had friends up in Nassau Point and I wouldn't want to support a
stop sign there because in my opinion, it would be more dangerous. People coming around the
curve, coming over the hill, if there was a car parked there, I think it would make a more
dangerous situation. That is my opinion.
COUNCILMAN TALBOT: 1 heard a good recommendation today, the way that road is splayed
out that if there was either a type of median in there or painted section of the road that would
have the cars coming off of Vanston to stay off to the tight side so they can more clearly see
down Nassau Point Road. I also would not support this and I think maybe something to that
effect may solve the problems without the stop signs. I think it is, you are not supposed to put
stop signs to control speed and even though they may say it is not because of the speed, it's, you
keep saying it is because of the speed.
Tom Cornwell
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Southold Town Board Meeting Minutes
MR. CORNWELL: So that is not the correct, when you are pulling out onto Nassau Point Road
from Vanston, it is very difficult to feel comfortable, particularly with traffic coming from the
north or coming north on the road because of the dip. The stop sign simply makes it, facilitates
the ease of exiting Vanston onto Nassau Point Road. The other issue, as I say, are pedestrians
getting to and from the beach in the summertime. That is a very different issue but the stop sign
allows people to walk across the road with some degree of safety. Right now there is, you can
hear the cars but you don't know exactly where they are. And I am concerned that smaller
children, who aren't always accompanied by, I don't mean toddlers but I mean younger people
that are not accompanied by adults, horsing around and not paying attention. If we have a death
on that road and or a serious injury to a pedestrian, I am going to be very discouraged with not
having stop signs there.
COUNCILMAN TALBOT: Wouldn't you think if you were a pedestrian on that road coming
off of Vanston, you would stay to that side of the road there?
MR. CORNWELL: You have to cross the road to get to the causeway beaches.
COUNCILMAN TALBOT: Well, yes eventually, but that is a flat area out there on the
causeway.
MR. CORNWELL: But if you, when you come around, because the causeway, coming south of
the causeway, here are the beaches. Coming south on the causeway there is a slight curve where
Vanston Road comes in and then of course, Nassau Point Road comes almost straight north
there. You can't see very well because of the curve and so your natural inclination is to cross
here. If you try and do it here, or walk around so your view is longer, you are at the curve for the
people coming north. So there is a blind spot whichever way you go.
COUNCILMAN RULAND: Exactly where is the destination of the pedestrians?
MR. CORNWELL: Going to the beaches of the causeway.
COUNCILMAN RULAND: Exactly where?
MR. CORNWELL: The south ....
COUNCILMAN RULAND: There are two separate beaches, right?
MR. CORNWELL: This is the Nassau Point beach.
COUNCILMAN RULAND: That one?
MR. CORNWELL: Yes.
COUNCILMAN RULAND: Okay. Because the other beach, the pedestrian would be violating
the law walking on that side of the road. Because they must walk facing traffic. So the
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pedestrians, directly cross the highway to get to the beach? Or will they have to walk parallel to
the highway to gain access to the private beach?
MR. CORNWELL: Depending upon where they cross, they have to cross, if they are coming
from most of Nassau Point, they have to cross Nassau Point Road to get to the beaches. At some
point. Whether they cross at Vanston, that would be the natural inclination, is to cross at
Vanston or to walk a little ways around the curve because that is where the beach is exactly and
there is a roadway going into the beach right there. One of the two places is where everybody
seems to cross the road. Obviously the members of the association, particularly those who live
or have to access or to get off the Point via Vanston Road feel very strongly on this issue.
SUPERVISOR RUSSELL: The Transportation Commission asked you to do something, they
asked you to go out and get a sense of the entire community. You did that, I was there. I have to
be honest, I come off that Vanston Road for 35 years now and my presumption is that the
community knows that it is a bad spot and have adjusted their driving habits accordingly.
However, I was at the meeting, it was a request by the community board and they have the
support of their community behind them. I don't know how I can turn that down.
MR. CORNWELL: Thank you.
SUPERVISOR RUSSELL: And it was a very, very large meeting that summer. That summer
meeting. But, does anyone else want to comment on this particular issue?
COUNCILMAN RULAND: There is no cross walk?
SUPERVISOR RUSSELL: No.
COUNCILMAN RULAND: Is there a need for a cross walk?
MR. CORNWELL: I am not sure it would change anything.
COUNCILMAN RULAND: I am not suggesting to substitute one for the other, I am merely
asking is there a need for a cross walk?
COUNCILMAN ORLANDO: Then you would have to put the stop sign, so they would stop for
the cross walk ....
MR. CORNWELL: I think if we have stop signs you are going to get people naturally crossing
where it is safest. I mean, that would be my assumption. To put a cross walk any other place
other than where the proposed stop signs would be, would then create confusion because you
would have to put the crosswalk on the causeway or somewhere presumably just before you get
on to Nassau Point, so whether you do it just before you get on or just after you get on Nassau
Point at the proposed stop signs or just before you get on Nassau Point itself. I am not sure it
makes that much difference. I think it is better to have it at where the proposed stop signs are, if
we were to do that.
October 25,2011 Page 54
Southold Town Board Meeting Minutes.
Supervisor Russell
SUPERVISOR RUSSELL: Would anybody else like to comment on this? (No response)
Closing Comments
Supervisor Russell
SUPERVISOR RUSSELL: Alright, I think that concludes everything. Eugene, we will reach
out to you, we are going to set something up. We will do it in the evening because I know a lot
of the guys you work with and I think an evening meeting will be a little bit more convenient for
them and we will try to iron this out. I am sure the Trustees, who work during the days, will be
available for the evening so we can bring their concerns to the table and see if we can get a better
understanding of where everybody is coming from. I think we are all trying to achieve the same
goal here, we just need to flesh it out a little bit. Okay? That concludes the regular business of
the Town Board. Would anybody like to comment on any issue? Let me go to Pete first, then I
will go to you, Mr. Lademann.
Supt. of Highways Peter Harris
PETER HARRIS: Peter Harris. Superintendent of Highways. It goes back to August 27th, 28th,
when tropical storm, hurricane Irene whichever one you want to go with it, hit Southold Town
and the other townships on the east end of Long Island. And we have been diligently trying to
remediate the problem of all the leftover debris from Irene, however, since this Board had passed
resolution to stop the free disposal of debris, I am finding many loads of debris being dumped on
town roads. For many residents in this town, they got their fall cleanup because I am telling you
right now, if it were for only the brush and limbs that was the product of Irene, we would have
been done a long time ago. And the residents in this town have just totally taken advantage, I
mean, we have a limited number of employees, this town, we did not work overtime because the
funding just was not there, people will say, well, FEMA. Well, we haven't been reimbursed
from December 26 storm yet and I don't know if there is pot of gold someplace stashed away
that we don't know about but if we had gone out and spent up to millions of dollars to have
gotten this mess cleaned up already, who was going to end up paying for it? Because I think the
taxpayers would have come back screaming what the hell are you doing? But in the meantime,
people who are having to wait their turn, I mean, I am going down the roads and there is more
piles of green stuff out there today than there is brown. Flowers and bushes and trimmings that
they just keep cutting every day. and I just think it is a travesty that they don't realize the work
load that they are putting on my department and I have got snow fencing to get up because the
next thing you know, we are going to get snow and they are going to say what the hell have you
been doing, Harris? How come the snow fence is not up? I have got, I get 50 calls a day, I don't
even know how many the Supervisor gets. People are, where are you? Well, I mean, we have
been there every single day. we are working and it just, go to Griffin Avenue in Cutchogue just
north of the post office, there somebody in there clearing a lot, they are clearing the lot and
dumping it out there, oh, the town will take it away. That is when my people stopped the guy
and said what are you doing? Oh, my boss said just put it out there, the town will take it away.
COUNCILMAN RULAND: Are you going to take it away?
MR. HARRIS: Absolutely not.
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Southold Town Board Meeting Minutes
Page 55
COUNCILMAN RULAND: Good for you.
MR. HARRIS: But the fact of the matter is, that this town, this town and some of the residents, I
mean, thank god that I have had some residents that were bold enough to stand up and call in on
their neighbors and say listen, I mean, here it is six weeks after the fact and they are cutting trees
down and putting the stuff out there. Not trees that are down, trees that are standing. They
didn't come down in the storm but they are putting the stuff out there now. They are using, they
have used this process to their own personal benefit. If it had been just strictly the debris from
the storm, we would have been done.
SUPERVISOR RUSSELL: And let's remind everybody that we had a tremendous amount of
debris actually from the storm. So you had a daunting task prior to that.
MR. HARRIS: Prior to that. and I just, I think it is sad for the residents of this town that abided
by it, okay, but to go down the roads and to see piles of green vegetation, I mean, first you say to
yourself, isn't that amazing the durability, how this stuff can stay green. You know? But it is a
case of, the clock is ticking for my winter schedule, to be getting ready for winter and believe
me, when the people call, when are you going to get there? Honest to god, we are coming. We
are coming but we are probably handling anywhere's from 70 to 90 tons a day with material
now, because we have been closer to the landfill. But it just seems that piles just keep popping
up and I don't know, I mean, it was 8 or 9 weeks of cleanup in the spring, I mean it is 8 weeks
now and I had, when we met with FEMA Scott, and they said when do you think you will be
done and I said third week in November. I am not quite so sure. I am really not. The fact that
there has got to be something done that whether or not we can pass some kind of legislation in
this town that gives myself, my deputy or whatever, the power to give out summons for illegal
dumping when you catch them, I don't know. But this, this is getting to be a little much. And I
mean, I get a call from the police over the weekend, stuff out in the road up by Duck Pond Road.
I mean, there is a farm field right there and there was like 8 or 9 loads. You could see where the
truck had backed up, dumped, dumped, dumped, dumped, dumped. Well, the free dump was
over at the dump so now the free dump is on the side of the road. Where does it stop?
COUNCILMAN TALBOT: Pete, I have got to tell you, I disagreed with the town doing the
town wide pickup. I thought the private sector should have done it. We should have cleaned the
roadways and the sidewalks and that would have been it. We could have opened up the landfill
like we did for 30 days and then the private guys would have had to hire guys to get this stuff
done, they wouldn't be dumping out and you guys still wouldn't be picking this stuff up. The
private guys could have got the firewood to turn around and sell again for themselves, they
would have got a lot of work heading into the winter months when they are out their slowest. I
think it was the wrong thing for us to do a townwide pickup. And you are seeing why. What we
can do is not do it the next time.
MR. HARRIS: Well, the thing of it is, Chris, up there on Duck Pond Road, that was private
contractors that dumped that stuff. That wasn't a homeowner.
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Southold Town Board Meeting Minutes
Page 56
COUNCILMAN TALBOT: Inaudible. Because they are expecting us to do a townwide
cleanup. If we weren't doing a townwide cleanup, they wouldn't be dumping on the side of the
road.
COUNCILMAN KRUPSKI: They might be, anyway.
MR. HARRIS: Well, the bottom line was that this town government did not, it did not put its
residents, I mean, yeah, we are going to be the last ones to get done because other towns spent
tremendous amount of money that I think a lot of them didn't have, okay? Betting on the fact
that FEMA is going to come to the rescue give you money back. Don't hold your breath.
COUNCILMAN ORLANDO: Peter, I am sure you are absolutely correct, that people are taking
advantage of the situation, they are trimming some trees and putting it out there. But last month
when the highway came through my area, North Bayview down by my house on Paradise, I want
to give you kudos to your guys, they are not lollygagging. They went through there quick and
there was a lot of debris on North Bayview and they were in and out of there in no time. So I
know your guys are working hard and fast. They are not lollygagging. They are working hard,
so if they can't finish, there must be a ton out there.
MR. HARRIS: Well, it is. It is just, you know, like I said, there is anywhere's you go, there is
no any one section in town that didn't have a lot of debris down but like I am just saying the fact
that many residents took well advantage of it and when this town had opted out of doing a fall
cleanup other than just leaves, well, they got their fall cleanup this year. At the expense, you
know, they are using Irene as an excuse.
SUPERVISOR RUSSELL: I know I discussed the issue with you about authorizing perhaps the
overtime and I did discuss the issue with the Town Board, the problem is that we couldn't get
assurances from FEMA and you know we are still waiting for money for reimbursement, some
of the money we have already spent on the restoration of the beach up there in Southold, we still
have a road that is closed from the storm, that December storm, we have yet to see money, we
did get one reimbursement, a small reimbursement for the Goldsmiths dredging but it has been a
very slow, arduous process and in the era of 2% tax caps, we can't possibly spend overtime
money unless we have a guarantee of getting it back.
MR. HARRIS: And Scott, you are absolutely 100% correct and that is why I never even came to
the Board or the Board even discussing that with me because of the fact of the cost factor and
you know, you have got to realistic, I believe Southampton spent to the tune of $4,000,000 to
clean up their, I mean, they just went, they decided, their Town Board said, we want this stuff,
we want it gone. Whatever the cost. FEMA will reimburse us. Good luck looking for
$4,000,000. But the fact of the matter is, is that I honestly in my heart feel we would be done if
it weren't for the fact of over zealous people totally taking advantage and the people, some
people from the professional, you know, the corporate world that were, you know, turning
around going and working for people and then turning around right down the street, open lot and
just dumping. You know? It's on the truck, I mean, for all that time that the landfill that was
open with no tipping fees, you just say to your customer, listen it is on the truck, you know, extra
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$25 to cover the fuel to get the truck back and forth, let's get it there. Let's not dump it out on
the road so all taxpayers have to pay for me having hired Joe Smith to clean my property.
COUNCILMAN ORLANDO: Pete, what location are you working at now?
MR. HARRIS: We just completed, we are up to Moore's Lane in Cutchogue. We just
completed New Suffolk today and we are up as far as Moore's Lane. So we are on the outskirts,
on the west side of Cutchogue, we have got to go up Alvah's and but again, I have been riding. I
have been riding west and I have been going up and down and no matter where I go, the
residents of Browers Woods are calling me daily, letting me know what a nice guy I am.
SUPERVISOR RUSSELL: They call me right after they talk to you.
MR. HARRIS: No pun intended. Yes, fight after. I don't think I will get a Christmas card this
year.
SUPERVISOR RUSSELL: Do you think the Town Board needs to re-think the and re-visit the
waiving of the fees for the brush? Would that make job easier for you?
MR. HARRIS: Quite honestly, Scott, there is still a tremendous amount of work still being done
out there and I honestly think the Board, I am requesting you re-think about not waiving the fees,
the tipping fees for brush for the remainder of at least the month of November. And start charge
again December 1. Because I have got to tell you what, I mean, there is still a ton of these guys
working in people's yards and they are dumping it. They are dumping it on, and I have got to
tell you, it's, they are just making more work for me. And I have to tell you, starting next week,
I may have to knock one of my cleanup crews off to start putting snow fences up. To start
driving posts because November is right here and I have got a lot of snow fence that goes up,
SO ....
COUNCILMAN KRUPSKI: No, you have to take care of your business and you have said that.
MR. HARRIS: And for the people that have, the good people that have been patient and have
not abused the system, I apologize. Only because I wished I could be there. But there are
circumstances that are keeping us from, you know, because they just keep putting stuff out.
COUNCILMAN KRUPSKI: No, I think most people appreciate the job you did. Like Viunie
said, a lot of that stuff was big, tangled stuff that just got pushed off the road and then you guys
had to come along and not only load it but cut it up first.
MR. HARRIS: Like I said, with this individual up on, I don't even know who owns the property
on Griffin Street just north of the post office but he has got men in there and they are cutting and
they are stacking and they are putting it right out on the town right of way and don't worry, the
town will come and take it away. That is what they said their boss told them. Don't worry about
it, the town will take it away.
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COUNCILMAN TALBOT: Pete, why doesn't somebody go out there and write some violations
to these guys? It is clearly the same thing with the new vegetation out there, it is illegal
dumping. Bottom line.
MR. HARRIS: I did notify code enforcement that this was going on, so hopefully they were able
to deal with it but I have in the past couple of weeks gotten some people that were dumping and
went and met with them and just told them, you know, what you are doing know has absolutely
nothing to do with Irene and you need to have the landscaper that is working for you take it
away. Not just go and put it across the street from your property and wait for the town to pick it
up. If it was legitimate hurricane damage, trees come down, that is one thing but just because
you are afraid that the next storm comes that the tree that is in front of your house, you hired
someone to come and cut it down, well then hire that guy to take it away, don't just put it out on
the road.
COUNCILMAN TALBOT: Take the payloader and push it back in.
SUPERVISOR RUSSELL: Would this Board consider a resolution tonight waiving the brush
fees?
COUNCILMAN KRUPSKI: Yes. Sure.
COUNCILMAN ORLANDO: Until December 1. Sure.
SUPERVISOR RUSSELL: Until December 1.
COUNCILMAN TALBOT: I wouldn't.
SUPERVISOR RUSSELL: No? That would allow people to do it themselves and that would
allow people to hire private contractors and it would ....
COUNCILMAN TALBOT: They should have hired them in the beginning, that is what I said.
COUNCILMAN ORLANDO: If it will Pete a little bit, I think we should try it.
TOWN ATTORNEY FINNEGAN: The only thing you should think about is the volume of the
material coming into the landfill.
COUNCILMAN TALBOT: They can't handle it anymore anyway.
TOWN ATTORNEY FINNEGAN: I think the reason Jim requested the cutoff is because they
have so much ....
SUPERVISOR RUSSELL: But you don't get rid of it.
COUNCILMAN KRUPSKI: Right. It is going to come in anyway.
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Southold Town Board Meeting Minutes
Page 59
SUPERVISOR RUSSELL: It is going to come in anyway.
TOWN ATTORNEY FINNEGAN: Right. Right.
SUPERVISOR RUSSELL: So I would ....
MR. LADEMANN: I would just like to say, people that dump illegally whether you have the
(inaudible) they are going to do it anyway. There is a heavy fine for dumping on the highways, I
remember a fine of like $600.
COUNCILMAN ORLANDO: I think it is $1,000. Illegal dumping.
JUSTICE EVANS: I think as long as you are still picking up after Irene, they are going to have
(inaudible), if they were going do that anyway, just because we waived the fees ....
COUNCILMAN KRUPSKI: I think it will encourage some people because they are going to get
tired of the piles in front of their house killing the grass and I think it will encourage some people
to take it. And yes, you lose the revenue at the dump but you offset it by freeing up the Highway
Department to do their work.
COUNCILMAN ORLANDO: I agree.
COUNCILMAN TALBOT: They can dump it in the industrial park next door.
SUPERVISOR RUSSELL: I am going to make a motion that we waive tipping fees for the
brush and leaves at the Southold Town Landfill until November 30, 2011 commencing
immediately. (Resolution added to agenda at this point) I am sorry Benja, Mr. Lademann had
gotten up first, so I want to let him go, since I had deferred to Peter.
John Lademann
JOHN LADEMANN: John Lademann, Cutchogue. I just wanted to be updated on the problem
with Satur's up on, just happened to be working across the street on Saturday and I didn't realize
how many limousine's go up on Alvah's Lane on their tours to the winery and there was over 40,
I counted and I think it was 45 and we almost had a serious accident. A high-low pulled out,
made a turn to go south and he wasn't looking where he was going, he almost hit a Lincoln
Town car limousine, he missed it by about 2 feet to the driver's side. And he almost had another
accident there, there was two that afternoon. Something has to be done about those. The police
write them up and they are right back on the road, so.
SUPERVISOR RUSSELL: Well, I will tell you, as you are more than aware, the community has
the attention of the Town Board where we have drafted some language to tighten up the site plan
process. The Chief of Police, you know has been active out there writing summonses. That is an
ongoing process. It has to have its day in court, but he was out them writing summonses for the
operation of that equipment on Alvah's Lane.
October 25,2011
Southold Town Board Meeting Minutes
Page 60
MR. LADEMANN: I was so shook up I had to call the police myself on the cell phone because
the driver of the limo was so shook up, too. He almost got hit head on.
SUPERVISOR RUSSELL: One of your community members emailed me the other day to say
that they are back at it, I emailed the all of that over to the Chief of Police, so he is aware of what
is going on.
MR. LADEMANN: I called him yesterday and they were out running the road. What about the
site plan problem? You were going to change ....
SUPERVISOR RUSSELL: Again, we are working on those issues with the Planning Board.
We do have some proposed amendment changes and again, we are working with the Planning
Board as best we can to try to bring them into compliance.
MR. LADEMANN: Okay.
SUPERVISOR RUSSELL: Benja?
Benja Schwartz, Cutchogue
BENJA SCHWARTZ: Good evening, Benja Schwartz, Cutchogue. I don't know ifanybodyhas
mentioned it yet but we have a new news media project now from the Suffolk Times, they have
been going with cover it live website and reporting on the Town Board work sessions, as well as
some of the Town Board meetings. I think if the people want to know what is going on, it is
another way of tuning in. I thank the Suffolk Times and congratulate them. You know, I was
very sympathetic when I heard Pete. A lot of my neighbors after the storm cleaned up the debris
ourselves. Some of the other neighbors said, don't bother, let the town take care of it. I don't
agree with that attitude. But my sympathy is limited when the Highway Department is doing
exactly of what they are accusing these people of doing wrong. They are doing it themselves.
And when people are dumping on my property and the town attorney is giving opinions that
branches and trees are not rubbish and therefore not a violation of town code and not only did
they dump a pile of branches and trees, there is about 12 foot by 4 foot by 4 foot high, they
dumped it on the fence and broke my fence. Now I have to fix my fence and I was advised by
the town police that I should go to small claims court, try to bring an action myself. Which
wouldn't be so bad if I had at least a police report to back up the fact that this wood was all sawn
up by the landscapers hired by my neighbor, he admitted this to the police, that he told the
landscapers to throw all the brush onto my sideyard ....
SUPERVISOR RUSSELL: Can I just ask ....
MR. SCHWARTZ: Well you know, yeah?
SUPERVISOR RUSSELL: Just a clarification and I might be wrong, that is why I am asking.
My understanding was that the neighbor had offered to go and clean it up off of your property
and you denied him access to your property. Was that true? Because I had heard that. I don't
know if that is true or not.
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MR. SCHWARTZ: He wanted to come on my property.
SUPERVISOR RUSSELL: And clean up the brush that had been disposed there?
MR. SCHWARTZ: Not himself. He wanted to hire his landscaper, the one that dumped it there.
And I didn't want that.
SUPERVISOR RUSSELL: You didn't want him, okay, you denied access. Okay.
MR. SCHWARTZ: And the police have no authority to order him to do that, I wanted to do it
the proper, legal procedure with you know. Anyway, that's, across the street from, the tree I
spoke about. Yesterday it took the town highway crew about half a day to clean up the, what
was cut down, the branches and the leaves and the minks from that one tree. And that was after I
helped them out and took some of the smaller logs and added it to my woodpile. Anyway, on a
more exciting topic, FOIL. I believe it was Supervisor Russell who remarked this morning in
reference to a suggestion to create a new shellfish committee, which I believe you decided you
would do it in two weeks at the next Town Board meeting, I didn't hear in the discussion very
much about why we need a new committee, why the Conservation Advisory Committee or one
of the boards, like the Trustees Board couldn't handle that task. But Supervisor Russell did, I did
think I heard you mention that there are many committees with overlapping jurisdictions in town.
SUPERVISOR RUSSELL: Overlapping concerns, yes.
MR. SCHWARTZ: Well ....
SUPERVISOR RUSSELL: But this would be, the reason for this committee was and we
discussed it today, was it was going to be much more narrow and focused than some of the
broader based committees like the Conservation Advisory Council. They have broad based
review, stormwater mitigation is focused on MS4 compliance. The Shellfish Advisory
Committee would serve for the specific purpose of getting these creeks open again to deal
directly with the DEC, negotiate testing requirements to get the testing done, all of those things.
It is a much more narrowly focused, the reason we didn't act on it was because we wanted to
craft a mission statement that would be precise as to what this specific committee would be
doing. And that would come back in two weeks.
MR. SCHWARTZ: I am available. I am trying to advise all the shellfish all the time. I say,
come on, clam up, clam up. Oysters, let's get together. Seriously, the mission to get the creeks
open as soon as possible is questionable. While I love to shellfish, I also think we have some
serious problems that are not solving themselves and should be addressed and all indications are
we should be considering some marine preserves, wildlife preserves in at least some part of our
town waters. And not just diga, diga, diga. Not that we shouldn't diga, diga, diga. Anyway, this
is not about the shellfish committee. This is about all the committees. I don't know how many
committees we have, I don't know where. There is one particular committee that I learned about
what in the RFP for a new website revision. The website development committee was
mentioned in that RFP. It would be nice if a website development committee would have a page
on the website but there is no mention of them directly on the website, my FOIL was responded
October 25,2011 Page 62
Southold Town Board Meeting Minutes.
.to promptly with a note that it would take over two weeks to see if there were any documents
that I had requested. What I requested was a list of the members of the committee, a copy of the
resolution that established that committee, including establishing the purpose of the committee,
the scope of the committee, the duration of the committee. That is a condition precedent to there
being a committee, so they should be there. I don't know why it takes over two weeks to find
that. those records should be maintained at least in the Town Clerk's office and probably on the
website because it would just be easier if they were on the website. We wouldn't have to make
Freedom of Information Requests and it wouldn't, people could, you know, there was talk this
morning about how the DEC should put their information on line. Well, we don't want to be
hypocrites. The minutes of the past meetings of this committee are all required to be maintained
in the Town Clerk's office. Also the schedule of future meetings, if there is one. Well, I have
been promised that I will get an answer by Friday but I am still waiting for that. one other
subject that I would like to bring up if there's no questions or comments on the last topic. On,
every time I happen to walk in and out the front door of Town Hall, I notice that the railings
there are quite rusted, especially down by the concrete landing like the porch, they are
completely rusted away and they probably should be cleaned up. The ones on the steps are not
completely rusted away but they are getting there. They are fast rusting away and you know, the
maintenance probably know about this product called rust converter. It used to be about $4 or $5
a can but now it is probably $8 or $10 but it is a little spray can, very easy to use and it could
take care of that problem in, you know, less than a half hour. At least to stop it fi.om getting any
worse.
SUPERVISOR RUSSELL: Thank you, I will let them know.
MR. SCHWARTZ: Thank you.
SUPERVISOR RUSSELL: Does anybody else have any comment?
Councilman Krupski
COUNCILMAN KRUPSKI: I have got a question. Stuff goes on around here and the public I
think deserves explanations on some of it. And I will start with Mr. Ruland. When he started on
the Board, he talked about fleet management and fuel management and greater efficiency in the
fleet because we do have a large fleet of vehicles and he has been doing some lately on this new
fuel management system and I was wondering if you can give us an update?
Councilman Ruland
COUNCILMAN RULAND: I certainly give you an update. I can give you an up to the minute
update. The hardware and the software for the system has all been installed. The insulation of
the, I will call them modules, that monitor each vehicle began last week with the training of the
mechanics from Highway, the mechanic from DPW was out because he was injured, the
mechanic from Solid Waste and also the mechanic from the independent contractor that services
the police fleet and services the human resource vehicles. This is a, I don't want to say it is a
slow and arduous process, it doesn't have to be but in every case, the vehicles are being fitted
into the schedule. The tightest schedule is at highway because of the amount of equipment that
they are using and the amount of demand on the mechanics. On the other side, we met late this
afternoon, John Cushman and Lloyd Reisenberg and myself with regard to the software side of
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Southold Town Board Meeting Minutes
this thing and the programming of the vehicle to the pump. So every time that you install a unit
on the vehicle, it has to be brought to the pump one time to program this is the vehicle, so that
they can electronically communicate. We came up with the solution that since the police cars
basically are being serviced almost once a week, every 3,000 miles, that every time one goes in,
we are going to have the car serviced and the unit put on rather than trying to dedicate the time to
shuttle vehicles. I think it will go just as fast. There are 60 units, I think. There are 60 units
under control of the police department more or less, so the bright side is many of them are the
same make and model, so the installation is the same for every one, that is a good thing. There
have been, I would be lying to you if I told you there haven't been software glitches and
equipment glitches but the manufacturers or the dealer in every case has made good on what
was, didn't function correctly and the only glitch that we have right now that we are aware of, in
the words Lloyd used, that the, call it the modem that is being used down at solid waste down in
the pit isn't talking to the thing in the scale house. And Lloyd had been talking to the
manufacturer in California and John Cushman reached out to the maker of the system and just
late this afternoon they were put in contact with a third person who can help them resolve the
problem, so I think that is going to go forward. There are a number of things that initially it
appears we are going to have to do and basically there is a thing called a ProKee and this
ProKee has to be assigned basically one per vehicle so that we can have the system up and
running so that it will fuel vehicles and each driver of each vehicle has a key programmed to that
vehicle to start. That is the first step. Once we get the computer equipment talking to one
another and all the units installed, on every piece of equipment that we are going to do, then we
can go to the fully automated system where it is going to start providing the reports that we are
looking for. I believe all of the logistical problems have been solved and if you want to know the
resilience of our mechanics, on the day of the training, someone said well, okay, they went out
and got a pickup, late model pickup, brought it in, and the fellow that came from the company to
train our mechanics said well, this is a pretty basic installation and he, in about four seconds
showed him, that contrary to me even believing, that the kick plate on the pickup wasn't screwed
to the floor and as he snaps and he went bing, bang, boom, he had that out, he had the floor mat,
the entire floor mat up and he said there are two rubber plugs in this model, one is here, one is
here, you are going to make a hole here, your wire is going to go there, bing, bang, boom you are
going to plug it into the OBD thing and you are going to run the donut to the fuel tank and this is
the way it is going to be. One of the mechanics said that is all well and good but if you see on
this vehicle, when you plug your plug into the OBD plug, it is going to stick down under the
dashboard too far and if you get in, you could kick it and knock it out. So they looked and they
said on vehicles like this we are going to have to relocate the OBD connector a little higher, so
the wires are not too short, it would be a little bit too long because you are going to move farther
away. They overcame that. So they said, alright this isn't too bad. Well, I heard two guys just
say, wow, let's through them a curve. Let's go get them a vehicle with two engines and one
tank, like a sweeper or vac truck or something like that, so they pulled it up there like that and
the fellow from the company went, oh, this is how we do that. Okay. So the answers have been
pretty much thought of because this company has done, there are thousand types of these systems
in service in the United States. Both with municipalities and one of the largest users is Wal-Mart
and their fleet. And they run a large fleet and they are concerned with costs. And I think that, to
answer your question, I gave you a long story but this is very complex as you all know, but if
you noticed on the material that the comptroller passed out, no, what were we talking about, we
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Southold Town Board Meeting Minutes
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talked about so many things this morning. Oh, the energy, did you notice the total for the fuel?
$750,000. So as you see, and this is not December 31, as you see the expenditure is great and the
ability to manage this is, we need that ability, we need that ability to protect the people's
investment. The other thing that really is noteworthy is we are going to .institute, which we
haven't because Lloyd Reisenberg has been extremely helpful because I did not realize the
amount of technical, the technical side of this. In other words, computers drive this thing and our
IT department is very much involved and it is all kind of behind the scenes type of thing but the
bottom line is very important, complicated. That kind of stuff. I don't understand all of that
stuff but it is glad that you talked with somebody that does. And I think in the end, what we are
going to have is first rate information and first rate control and one of the things that we are
going to institute as immediately as we can and for the first time in history, we are going to
require, and I don't know why it has never been done, require that there be a manual stick the
tank before delivery. Any municipal delivery, in the years that I worked in the industry, if you
went to a municipality, you stuck it before and you stuck it after and you noted it on the delivery
ticket. That is a really close indicator that you got what the ticket said you did. And then Lloyd
pointed out that that information can be inputted immediately into the system, so that you are
continually through the year monitoring your cost per mile. The price of fuel is going up, your
cost per mile is going up. For someone like human resources, the first thing they would say is
maybe there is a better way I can run my route because the cost for fuel is going up, the cost per
mile is going up, is there a way to adjust the route, lower the miles, lower the cost. That is where
we are, Albert.
COUNCILMAN KRUPSKI: Thank you.
SUPERVISOR RUSSELL: Thank you very much, Bill.
COUNCILMAN KRUPSKI: That is really good.
SUPERVISOR RUSSELL: That is extremely important information. But my only hope is that
my son and daughter are watching by simulcast because I know they are sleeping soundly now.
COUNCILMAN RULAND: My apologies, Mr. Supervisor.
SUPERVISOR RUSSELL: No, it is very important.
COUNCILMAN KRUPSKI: It really is.
SUPERVISOR RUSSELL: For the substantial amount that this town pays in fuel this year,
thanks Bill.
COUNCILMAN KRUPSKI: It is good that Bill is paying attention to the, all phases of this.
Councilman Orlando
COUNCILMAN ORLANDO: I will make my comment short, then. I did also stop by there the
second day and ask the mechanics how they were doing and they got three done the first day and
they expected to get six or seven done on the second day except when they told the gentleman
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Southold Town Board Meeting Minutes
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from Florida who was helping to do the installs that maybe some of the trucks weren't as high
tech as our new computer system because we still have trucks with moints(?) and condensers and
the gentleman from Florida couldn't believe that we had vehicles that were not electronic
ignition. So I don't know if they ....
COUNCILMAN RULAND: Well, the bottom line is, any engine with a pulse, whether it is that
or whether it is an engine with no speedometer and an hour meter, that is all you need. You need
the pulse, the pulse of electricity, that is what makes it work. So if you have an analog system
where you don't have the OBD connection, you are making your connection somewhere on the
engine where there is a pulse, electric pulse. That is all.
COUNCILMAN ORLANDO: So they were doing well with the mechanics.
COUNCILMAN RULAND: They are smart boys. They are smart boys, they know what they
are doing.
Councilman Krupski
COUNCILMAN KRUPSKI: And I have got a question for the Supervisor, too, about an
initiative that he brought to the Board this morning about wind power at the dump and also solar
power on public buildings.
Supervisor Russell
SUPERVISOR RUSSELL: We actually are going to craft an RFP to locate photo-voltaic cells
on several town buildings. We are going to also ask in the RFP for a wind option so that we can
keep all options open with regard to renewable energy. The structure of the RFP would be, we
are looking for people who can install, can show us what our costs would be, show us what any
grants that we might qualify for, any reimbursements from (inaudible) or others and also show us
what the long term maintenance costs would be and what we can expect in savings. That's for
that RFP, there was another small wind proposal by a gentleman today who offered to locate a
small wind generator on the town landfill building, that would be for consumption on site. He
offered to do that for free and to work with our guys in-house for the installation. When
someone says free it is a pretty compelling offer, although I will be meeting with Vin, Martin
and some of the DPW guys next week to see the viability of that. Alright. Anybody else? (No
response) 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 9:15
p.m..
RESULT:
ADOPTED [UNANIMOUS]
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Southold Town Board Meeting Minutes
MOVER: Louisa P. Evans, Justice
SECONDER: Albert Krupski Jr., Councilman
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell