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HomeMy WebLinkAboutTB-11/22/2011ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES November 22, 2011 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, November 22, 2011 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 4:30 PM with the Pledge of Allegiance to the Flag. Call to Order 4:30 PM Meeting called to order on November 22, 2011 at Meeting Hall, 53095 Route 25, Southold, NY. I. Reports 1. Budget 2. Building Department 3. Island Group Health Care Plan 4. Board of Trustees 5. Justice Louisa P. Evans 6. Recreation Department - Monthly Report 7. Department of Public Works II. Public Notices IlL Communications IV. Discussion 1. 9:00 A.M. - Curt Davids, Highway Department 2. 9:30 A.M. - Laura Klahre, Land Preservation 3. Erosion of Channel into Goldsmith Inlet at Mill Lane 4. Wind Turbine Proposal 5. Trustee Vacancy 6. Surplus Vehicles 7. SCHD Fuel Tank Violations 8. MS4 Update 9. Noise Meter Training 10. EXECUTIVE SESSION - Litigation 11. 9:45 AM - Lloyd Reisenberg and Website Group November 22, 2011 Page 2 Southold Town Board Meeting Minutes 12. EXECUTIVE SESSION- Labor Pledge to the Fla~ Special Presentation 4:30 PM Special Presentation to Betty Jane Murphy Supervisor Russell Please rise and join with me in the Pledge of Allegiance. Thank you. Before we get to the agenda, we have a presentation that we would like to make. I am going to ask, I see Mrs. Murphy, if she would come forward and maybe if the Anti-Bias Task Force joined her. We would like to present a proclamation to Betty Murphy for her years of service. I do have to say that I have known Mrs. Murphy for many years. I didn't have the good fortune as having her as one of my teachers from Mattituck but from all my years (inaudible). I did have the good fortune of having Mr. Murphy as one of my employers many years ago (inaudible). And I see your son Mike is here (inaudible). This is basically a proclamation on behalf of the entire Town Board, "Whereas Betty Murphy, a most valued member of the Southold Town Anti-Bias Task Force, has retired from this position as of September 2011. Whereas Betty has given generously of her time and talents in her service to the Town of Southold residents since 2004, working toward the goals of the town and the Anti-Bias Task Force to 'anticipate and reduce intergroup tensions, promote community harmony and foster respect and tolerance'. Whereas Betty's record of fine service to the Town of Southold and its people deserves the sincere gratitude of those with whom and for whom she worked; now, therefore be it Resolved that the Town Board of the Town of Southold hereby expresses its most sincere appreciation to Betty Jane Murphy for her unselfish and untiring efforts for justice and equality in the Town of Southold and extends its best wishes for the years ahead and be it further Resolved that this resolution will be made a part of the permanent records of the Town of Southold and a copy will be presented to Mrs. Murphy." Dated November 22, 2011 on behalf of the entire Town Board. Mrs. Murphy, thank you. The Anti-Bias Task Force is one of the most dedicated, hardest working groups of people and your, I know your efforts over the years and I want to thank you on behalf of this entire town for everything you have done. Betty Murphy BETTY MURPHY: Well, I want to thank you for the privilege and the honor of serving with these people, they work very hard, they very hard and more importantly, they accomplish a lot of things. And hopefully, we will get rid of all bias in our town. Thank you. Opening Comments Supervisor Russell SUPERVISOR RUSSELL: I am going to at this time invite anybody that would like to comment on any of the agenda items to please feel free to come up and comment now. Do you want to go now? Yes, it is on the agenda, so you are free to discuss it. Johanna Lane, Cutchogue JOANNA LANE: Joanna Lane, Cutchogue. I just wanted to speak to the web site resolution November 22,2011 Southold Town Board Meeting Minutes Page 3 which I only found out last minute it was on tonight's agenda and so I haven't looked through the detail of it but my understanding is that you are supposed to contract with a particular company in order to move forward to a contract and I have a couple of concerns about that and so I am going to speak against that and suggest that you delay that until you see more of the detail of the contract itself coming in because it may be that that's not the best solution for you. And I, Scott and I have had a number of conversations about this in the past and I have been to a couple of meetings on the website and what I care about is that the town doesn't go for a proprietary solution which cannot be then taken over by another company because typically and I am not speaking against this particular company, I am just speaking in general terms here, that there are what we call open source solutions where there are three or four sets of software where nobody owns the code at all and you can get it customized but there are thousands of people out there that can step in at any time that you may want to withdraw from that company, that you don't like their quotes a few years down the line and they can step in and take it over. And then there are these people that have proprietary code where they will offer to give you the code if you don't want to renew with them or whatever but guess what? Nobody else out there can work with their code. So and my understanding is that CivicPlus has one of the latter software's where it is proprietary to them and typically when the contract may come in with a company like that, there will be an additional cost which may or may not be reasonable but the real money is in the drip, drip; what comes afterwards, the add ons. So you can get it customized, you can have all the bells and whistles but you will find you will get a cost of $500 for this widget or $400 for that widget. And you know, also in the maintenance costs they will do basic security upgrades but they won't do any customization and then maybe into ranges of hourly rates which may not be competitive and at any time you can't then renegotiate with them without going basically back to square one. I would much rather see the town go into an arrangement with a company that basically is using one of these three or four open software's, that even if it goes to an outside the town company, you would be in a position where any number of people could come in and step in and immediately know that code. I build (inaudible) website, so it is one of those three codes and if at any time I go under a bus, anybody can step in and do that and equally I can and have done that with other people's things. So that is what I want to say. I think there is a significant cost savings to you in going that way but without looking at the detail of contract, I can't really say. The other thing I want to speak to specifically is the social networking and mobile application that I see on this letter but I haven't seen the detail that they are proposing for that. I would go so far as to say that I am an expert with that, I have been working with the government, I have worked with other municipalities and I am currently on a team that is working globally on developing best practices for social networking. We have, I built an emergency website for Southold for Irene and that got picked up by a number of people on the national level and I can share a report with you where Southold is used as an example of a community that is helping itself with social networking for emergency preparedness. And in terms of that, I would go so far as to say you would be better off not having a facebook site than to give it to somebody outside this town. You are not going to be able to manage this with a third party contractor. It is difficult for me to explain because I haven't had the benefit of what they are proposing for the social networking but I can tell you they don't know what they are doing in terms of emergency management because it is really at a development stage now and there is a huge amount of documentation that I haven't shared with the town because it was all the website first but I am very, very concerned that you are going to contract with an outside Page 4 November 22,2011 Southold Town Board Meeting Minutes company. It is shop local Saturday this week, please keep this in the town. We have expertise that you need, we have people here that can do it. And if you give us a chance to put a package together for you so that you are not getting someone else to gc it and you consider it that there are people in town that can gc it for you and arrange all the different pieces of the jigsaw puzzle to bolt together, we have people that can do it cheaper and give you a better result but you have to be flexible and friendly towards us and willing to share all the information, so thank you, I just want to speak against the resolution and ask you please to delay it. I know we desperately need a new website, we desperately need the social networking site but please delay it until you have given people locally a chance to prove that we can do it and give you a better job for less money. I don't want to see the town in two years time finding that we can't maintain this as we need to, as things develop. Thank you. SUPERVISOR RUSSELL: I appreciate everything you say and certainly it is something for the town to consider tabling this resolution tonight but we did do an RFP and we extended the RFP as far and as wide as we could. We got two responses from Long Island people, I think one from Westhampton and one from, I believe, the Brookhaven area and we went through a vetting process with all of them and some of the issues that, the reason you see a lot of this on there is because of the input you had given us at a community meeting. The mobile app, the need for social networking although I think the decision of the Town Board was that each department head would be in charge of the Facebook component for their department. Yes, we have some content management issues to work out as we go but the reason that social media is there is because of your recommendation but, you know, I don't know how the Town Board feels... COUNCILMAN KRUPSKI: Well, we had a pretty compelling presentation from the website task force this morning. Not all of us, myself included, were a part of their vetting process and part of their whole exploratory process and what exactly the town needs going forward, what they have today and what not and what the community's needs are, so I listened with an open mind because I hadn't been part of that process and not on the task force, and a lot of it, I will be honest with you, goes over my head. A lot of the technology and the mechanics of it. However, one thing that I know is that most people are unsatisfied with the current state of the town's website, okay? And that this is a system that is used by many municipalities across the country, so it is not something, it is not a new gadget, not a flash in a pan type of system. Another compelling factor about it was the cost, in fact, that over a couple of years it will actually be saving us money, it will pay for itself in a couple of years over our current system, so that was pretty compelling there, that you could get a much better system for delivering information to the public at a much lower cost than we currently have. It was kind of.... SUPERVISOR RUSSELL: Also one of the things is the contract for the third party, though, the reality is that our IT department is two people big and I know towns like Brookhaven have a lot of staff, so that they can go to these people that help you build this website with a lot of this free software but they have a lot of staff to maintain and manage that on a day to day basis. They have their own IT department. Like I said, here in Southold we only have two staffers. So we are going to need that third party to help us. MS. LANE: I understand that. I would just like to speak to the RFP and that was a November 22, 2011 Southold Town Board Meeting Minutes Page 5 misunderstanding because I would like to apologize for not putting anything in on that. I mean, I didn't want to bring any personal issues into it today but my understanding was that the contract was already been determined who it was going to go out to so not to bother putting an RFP in. Now I understand that wasn't the case and there was a slight misunderstanding there. So just get over that, because ! certainly would have put something in. But the other aspect is that, I don't get why it includes, I mean, I am very, very grateful that you did listen to the you know, the advocating I have been doing for the social networks and for getting a mobile version of the site and all the rest of it, the facebook and so on. But I don't understand what the cost is to these people because if it is already being proposed that it is going to be maintained by people within the town on a, you know you have to develop social media policies and I have a lot of templates and not 900 municipalities because unfortunately not 900 probably municipalities are maintaining social networks to any effective level. Very, very few are but we do have some very good examples in the United States and throughout the world that you can build on and other people's experiences and lessons learned and things what not to do. I very, very highly doubt that this company has access to that. and so when they say they can include social networking, what they mean is they will go online and start a facebook page for you and guess what? Anybody can do that in 10 minutes. I mean, really, there is a lot more to it than that. and it really is on the policy development site that it is critical to the town because you have, you know, busy departments doing other things and it is how you maintain that, who does it and the policies and you can do it in the steps process. And to begin with you just put announcements out and then you realize it has to be two way engagement because of information and then do you involve, you know, the fire department and all .... SUPERVISOR RUSSELL: Those are going to be challenges, whether we hired a local company or hired CivicsPlus, those were going to be the same challenges, those policies and all of that. MS. LANE: You cannot service the social networking through CivicsPlus, I mean I will absolutely, adamantly say that. SUPERVISOR RUSSELL: But again, those challenges are going to be, in other words, we can go ahead with the contract with CivicsPlus or not, those challenges, if we are going to go into facebook and twitter and those things, those policies are going to need to be created anyway. Whether this contract gets executed or not. MS. LANE: So they have no role in the social networking, I am sorry, they are not hosting it. They can set it up, I have said, that is a 10 minute job for anybody to do. It's, you need a separate proposal for social networking. And you need a range of policies and you need expertise on that side of it to be able to do that. you know I have been pushing for the town to get a facebook page for 12 months, nearly 12 months now, 10 months since January. SUPERVISOR RUSSELL: Right. MS. LANE: You cannot put that work outside this town. It just can't be done. It is just not going to be effective. And I can back that up for you but as far as the rest of the website concem, well, I can say I am really would, I don't want to speak against CivicsPlus because I haven't November 22, 2011 Southold Town Board Meeting Minutes Page 6 looked at the detail of the contract, as far as I know there isn't one that exists currently but I have my concerns about using that particular software which you are basically going to be married to that one particular company and if they raise their prices, will they do this or do that. the benefit from going with a company like that that handles 9 other municipalities is that typically they will make improvements every year for which you do not personally have to pay, so you are going to get a certain level of improvements, so that I would say is the benefit of going with a company that handles that level of other municipalities but I am very concerned that they won't be giving you the drip, drip on the extra items that you might want to customize. SUPERVISOR RUSSELL: development. They spend about $500,000 each year for upgrades, for MS. LANE: Right and that is a benefit. SUPERVISOR RUSSELL: And they only work with municipalities, in other words government is their niche that they have created for themselves and we have called the other towns who have been utilizing this company who have faced similar challenges historically, you know, married to contracts that they can't afford for products that they are not happy with but all of the reviews that have come back from the towns that we have dealt with, they have spoken very highly. I think we have vetted this system as thoroughly as we could, you know, Glens Falls, all these towns that we have reached out to all seem to have spoken so highly and you know, the fact that because they specialize in government, they are aware of the challenges that government is facing and the language of town governments isn't new to them, it is not greek to them. They know the interface needs of the different departments and they seem to be very good and again, we had this little web site task force, so that the people that will be using it every day, that are part and parcel of town hall, that seem to do a very thorough job. MS. LANE: Well, if they were any good at social networking and mobile applications and things like that, I think I would have heard of them and I haven't, so they, when it says mobile application, what does that mean? I don't know what that means. Does that mean that they are going to do apps for an iphone or an android? Or none? Or does that mean they are just going to do a low bandwidth site version of your main website and how is that being created and what part, you know, what part of that content is going to be emergency management and how are you now integrating all of the different fire departments and all of this really, really needs to be looked at. And I don't think the town board should be authorizing you to go ahead and only contract with one company to provide this when we have no clue of what it is that they are offering to provide. COUNCILMAN ORLANDO: You make a great argument that the company that you work or that's yours .... MS. LANE: Me. It is just me. COUNCILMAN ORLANDO: It is you. A great argument about why you are the better person to do this but my confusion is why you are coming now as opposed to coming with a November 22, 2011 Southold Town Board Meeting Minutes Page 7 presentation when the RFP went out, to explain to the committee and the task force why you are the person that is best for the job and come with a proposal. That is my confusion. I mean, you do a great argument why yours is better than theirs based on what you are saying but my confusion is why are you coming in now instead of coming in .... MS. LANE: I have been coming in. I have been coming in since January. COUNCILMAN ORLANDO: You were involved in the whole process, no, but you didn't come with the RFP, with a proposal, with a presentation to the town. MS. LANE: I was told that the job had already been, the company had already been picked. COUNCILMAN TALBOT: Who said that? who said that to you or where did you get that information from, because I find that more interesting than anything? MS. LANE: Yes, so do I actually. COUNCILMAN TALBOT: Do you know who it came from? MS. LANE: I believe my recollection is that I had a conversation with Mr. Beltz in the office and he said that the RFP would going out there but the company had already been picked, so... MR. BELTZ: That is a lie. I never said that to you because that is an absolute lie. SUPERVISOR RUSSELL: ...the exact opposite of... MS. LANE: My recollection and I sorry if I got that wrong, as I said, I apologized earlier but it is not true and I mean, I am not making allegations. You asked me and I told you I tell the truth according to my memory. That is my memory, okay? COUNCILMAN TALBOT: Because I would find that to be an issue. MS. LANE: Okay. COUNCILMAN TALBOT: Because we did question today about where there any Long Island companies or local companies... MS. LANE: An RFP went out, I am not .... COUNCILMAN TALBOT: And we had the few but also somebody questioned on the Board about who is going to be monitoring the facebook and writing those policies and stuff like that. if you wanted to join with this group and being part of this task force, maybe implementing some of those changes as a town resident, that would be beneficial to us. MS. LANE: Well, thank you and certainly I accept that invitation. It is what I have been November 22, 2011 Page 8 Southold Town Board Meeting Minutes pushing for since January and I have certainly had a number of conversations and meetings with various people, including Scott and Scott knows, I came to one presentation by Mr. Beltz and gave him feedback and that was incorporated and that is wonderful, it was incorporated but the last play that I understood was when I spoke to Scott a couple of weeks ago was that there was going to be a presentation by the company and I was going to be included in that and apparently that was overlooked, so that is why I am standing here today and I only found out that this had been put on the agenda at the last minute and that the presentation without me having the benefit of giving the town the feedback, so that is why I am standing here now at short notice and just giving you my feedback. So, because I am hoping it is going to result in something better. This isn't about me trying to sell my services, this is about me trying to get the best for the town. COUNCILMAN TALBOT: I think the most compelling part of this company is that it is in the same town that they were trying to move Plum Island to. Manhattan, Kansas. You sat down with the Board last year after a storm event and getting out information and we all had that discussion, I partially disagreed with some of the things that you were alluding to but nevertheless, you are more professed in it than I am and I think anybody else on the Board but I think you could be an asset to helping us when it goes on board. And the biggest thing with these guys with 900 municipalities, if that is the case and they have been around since the 80's, I think that they are not really going anywhere, I don't disagree with you on the selling of the license or anything like that or who can implement it but .... COUNCILMAN KRUPSKI: And at some point, the Town Board, we make a lot of decisions here and this is almost like the payloader decision where the Superintendent of Highways did a lot of research on what type of payloader was best for the town and it is like and it is like, the Town Board doesn't have to have a working knowledge of the hydraulic system of the capabilities of the payloader or you know how many horsepower or what kind of torque the engine has compared to the transmission. We don't need to have that, we don't need to know the mechanics of it because we are relying on another person who is an expert, right, in town who is going to do that research and give us that information so we can make that decision. And it is kind of the same with the task force here that is in charge of the website, with the new website. We have to rely on the people who did all that work and they did a lot of work and they reached out to, I know I talked to different department heads and they were really interested in a company that would let them be interactive. Let each department update their own information and material to them. That was very important to them. MS. LANE: Well, that is available on all software. I mean, it's basically WYSIWYG, which means what you see is what you get. So it is basically a visual, if you see it, that is what is going to result and there are all different levels that people log in on and they can get as much technical customization as they are capable of having, so if somebody that is very technically challenged could have a very, very simple role whereas other people, as they leam more, they begin to use it, they get mom and more. So I mean, that's the same, whether you are using it and more so with open software but I just definitely want to speak to this social, my particular expertise and role is emergency management, social, using social media for emergency management. And we have come a long way since January with that, FEMA has just lost, we have tested out its first training program in Astoria, Oregon and that is going to give us a lot of feedback. There has November 22, 2011 Page 9 Southold Town Board Meeting Minutes been congressional hearings about it and presentations. There have been various white pages written. Southold is in two of the documentation as an example. We are being looked at as somebody who is trying, a community that is trying to take the lead with this. And I personally am getting no backup from the Town. Because you are just allocating this work to other people that I know for a fact do not know what they are doing when it comes to emergency management and the use of social media. And I understand that you don't have time, expertise or the will to learn this, why should you? But you will be using this as a consumer and your families will be using it as a consumer and you really do care about that and it needs to be kept within the borders of this town, the setting up and the management and we have people that can do that. So if you are going to contract with this company, please do not give them that aspect of it. Leave it with us, we can do it. COUNCILMAN TALBOT: What would be the benefit of us delaying for a couple of weeks, what would you do differently or suggest .... MS. LANE: I would, first off, I would look at this particular company in detail. I looked a couple of the proposals on line, I didn't look at this particular one because it is very hard to find and that, yeah, we do need a new website for sure. I would review it with a couple of other people, local people .... COUNCILMAN TALBOT: You are saying this CivicPlus was hard to find? MS. LANE: The documents, yes. The documents, not the website. COUNCILMAN TALBOT: Because I was sitting here at the discussion today, I pulled it up quickly on my blackberry and pulled up 900 of their municipalities that they serve... MS. LANE: Oh, no, no. They are not hard to find, their proposal is hard to find on the town website. SUPERVISOR RUSSELL: 1 would certainly support some sort of aspect, you know there is a lot more to them than just emergency management for this new website. MS. LANE: I absolutely understand that. SUPERVISOR RUSSELL: Content management, all those things. Content hosting. I would move forward with this contract and then figure out, you know, we are not going to have a signed contract, we are just authorizing to accept a contract and then sit down in the next few days, well probably, since its Thanksgiving, but sometime early next week with me, you, Lloyd and some members of that task force. MS. LANE: But then you have already decided. I mean, there may be if you take the emergency management and the social networking out of this contract, it may be that one of the other, I mean I saw a (inaudible) solution out there in one of the RFP's and that would be an (inaudible) for software that somebody can step in two years down the line and take on, so I November 22, 2011 Page 10 Southold Town Board Meeting Minutes mean, you know... COUNCILMAN ORLANDO: You are saying that CivicsPlus proposal is on the website now, you saw it? MS. LANE: I have not seen it in detail, I apologize, I have not see that particular proposal because my understanding was that you were favoring one from California and I couldn't find one from California and I was going to follow up with that but my understanding was that the next thing that was going to happen was there was going to be a presentation by the company to which I was going to be invited and I would get all the information at that point. That obviously took place this morning and I was not invited. So but, I mean that is besides the point. It is beside the point. Are you doing the best thing? COUNCILMAN TALBOT: They didn't present anything this morning. SUPERVISOR RUSSELL: Several presentations over a good month, month and a half, I think. Because of the scheduling, we had people coming in from out of town, we had several presentations. Actually, we went into this with two companies in mind, assuming it would be one of those two to be candid, at least I did, to come to find out that there was much better products out there. I think the RFP made an effort to be as inclusive to get as many proposals in as we could and then vet from what we were given. And we went through, I think 12 original proposals we whittled down? Well, that is what we whittled down to, was the 6 that we vetted, right? Because we had remember, we had six proposals and of that six, four okay, that we actually brought in beyond their proposal stage to have them make a presentation to us. But you know, we certainly did what we could to include all of the concerns you had raised, Benja had raised, that to have a product that you guys have been asking us... MS. LANE: I never asked for anybody else to do the social networking. I have always from day one proposed that that was done by me or somebody else locally that is experienced in this form ofwebsite. COUNCILMAN TALBOT: Well, if it, when it comes up tonight and all in the accordance with the approval of the town attorney, we can just have him vet the social website or social network and how it is going to be addressed. SUPERVISOR RUSSELL: We can always have a meeting next week. But I think, the committee worked awfully hard and I think we owe it them to show faith and confidence in their decision making. UNIDENTIFIED: What resolution number (inaudible) COUNCILMAN TALBOT: It was an add on actually, 798. TOWN ATTORNEY FINNEGAN: It is not on the agenda. November 22, 2011 Southold Town Board Meeting Minutes Page 11 SUPERVISOR RUSSELL: I guess we will make a decision when we get to the resolution. I want to know if there is anybody else who wants to comment on the agenda items? Did you want to comment? Benja Schwartz, Cutchogue BENJAMIN SCHWARTZ: Benjamin Schwartz, Cutchogue. It's not on the agenda then? COUNCILMAN TALBOT: Actually it is, it reads: resolution 798, resolve the Town Board of the Town of Southold hereby authorizes Supervisor Russell to sign an agreement with CivicPlus of Manhattan, Kansas to provide website design, all in accordance with the approval of the town attorney. MR. BELTZ: Inaudible. COUNCILMAN TALBOT: No, this was an add-on at the last minute. MR. SCHWARTZ: So it is not on the public agenda. Neither was this committee a public committee, this committee was an internal committee, which is a new concept. I propose that we scuttle this proposal, this resolution and adopt the recommendation of the town attorney at the work session this moming who made a very good, sensible suggestion that in order to get the department heads to work on the website, there be something in their monthly reports, a required item that they discuss what they have been doing and what they plan to do on the website every month. Because this is an ongoing situation but today, it was a complete surprise after reading the agenda last night on line, that anything to do with the website was coming up at the meeting today. This afternoon, 4:00, I went online and looked at the agenda for this meeting and there was nothing there about a resolution. You know, you could read it again but I don't, it authorizes Scott to sign something? COUNCILMAN TALBOT: If we approve it. 'Authorizes Supervisor Russell to sign an agreement' MR. SCHWARTZ: But there is no agreement, how can you authorize, how can you vote on authorizing him to sign something that doesn't exist yet? Have any of you looked at an agreement, I was there this morning, for 23 minutes and I spent a couple of hours today reviewing the proposal from CivicPlus. They themselves say we encourage you to schedule a 45 minute demonstration to visual that all our services can do, all this, if you put this off today, then the contract can be negotiated, the proposed contract can be made available for people who are knowledgeable to review. CivicPlus may be the right contractor for this town, I don't know, but their philosophy in their proposal, it says our philosophy is not what can we do, no, at CivicPlus, our philosophy is what can we do together, not what can we do for you. Well, with due respect, this town is not ready to do anything together with anybody or hasn't started doing that. The town website, the primary person who is the chairman apparently of that internal committee which I was unable to get any information on it because it was classified as an internal committee but that man, who was here presenting this morning is the one who is responsible with the current website that you that everybody is unhappy with. So why would you take his opinion and okay, he had a few other people on the committee but there was no presentation this November 22, 2011 Page 12 Southold Town Board Meeting Minutes morning .... SUPERVISOR RUSSELL: That is factually incorrect. MR. SCHWARTZ: For 22 minutes, all we heard was an advertisement for this company. I went on line... SUPERVISOR RUSSELL: That is factually incorrect. MR. SCHWARTZ: Nine hundred municipalities? Well, on line they have got a list of about 50 or so that you can look at. There is one in New York State. I looked at that one, our own Information Technology department head kept saying over and over, one thing this morning. Content is king, content is king. We need content. The content is not there. All we have heard is a lot of promises. The only thing we have seen demonstrated is the ability to put up a nice glossy looking, beautiful page but if you look at the actual content on the Glens Falls, New York which is apparently the only municipality in New York that is using this company, the content is not there. I know you talked about getting the department heads involved but there was no discussion... SUPERVISOR RUSSELL: Okay, let me just go back and clarify .... MR. SCHWARTZ: The existing website administrator was going to continue in his role. SUPERVISOR RUSSELL: First, you are incorrect. He was not the chair of that working group. In fact, Philip probably assumed that role more than anybody because somebody had to be the organizational effort, to coordinate all these companies to come in. They made presentations. We have had several power point presentations and as we honed in on CivicPlus, they came in, they did all of that. They made those presentations for this Town Board. Everybody had an opportunity to view the package. MR. SCHWARTZ: The Town Board? SUPERVISOR RUSSELL: Yes. We had... MR. SCHWARTZ: Saw those presentations? When were they .... SUPERVISOR RUSSELL: Some members didn't participate but we had set up so CivicPlus could make presentations to the people that would be using it every day. We have gone through that whole vetting process. MR. SCHWARTZ: Was there a public meeting? SUPERVISOR RUSSELL: No. MR. SCHWARTZ: I myself and other people made inquiries. I filed a FOIL, I was told there November 22, 2011 Page 13 Southold Town Board Meeting Minutes was no information because it was an internal committee. You all know or should know that I am interested in this. This is my business but your business should be... SUPERVISOR RUSSELL: You should have submitted an RFP, you knew we did that. Submit an RFP. MR. SCHWARTZ: No, I am not interested in working with this town. I was interested in working with this town, I was promised by several supervisor's, I have been trying for years to work for this town. So frustrating to even talk to you, why would I want to work with, why would I want to, you know .... SUPERVISOR RUSSELL: Because you just said a minute ago, this is what I do, this is my business. MR. SCHWARTZ: And I asked to be on the website committee but it was limited to an internal committee, so nobody from the public was allowed to participate in that. SUPERVISOR RUSSELL: When did you ask? MR. SCHWARTZ: I was at the meeting .... SUPERVISOR RUSSELL: You never asked to be part of that committee. MR. SCHWARTZ: Oh, come on. SUPERVISOR RUSSELL: No that is not true, Benja. MR. SCHWARTZ: Does anybody else here think that I would have been interested in that? SUPERVISOR RUSSELL: You never asked. COUNCILMAN TALBOT: I think you might have been interested, that is why I asked you the question this morning. But you never offered to be on the committee. MR. SCHWARTZ: I appreciate that. Alright, with all due respect, you are talking about voting to approve a contract that has not been negotiated yet. Is that appropriate? SUPERVISOR RUSSELL: Yes, we do that all the time. That is why we have counsel here. We have counsel, we know what our goals are, we know what our wants are and we have counsel to guide us in the execution of that contract, that is subject to the approval of the town attorney. We do that with every contract. COUNCILMAN TALBOT: As is stated in the resolution. SUPERVISOR RUSSELL: And you have to have faith and confidence in the committee, this November 22, 2011 Page 14 Southold Town Board Meeting Minutes working group you put together. These people that work with this content every day and work within the structure of town hall every day that know what the needs of the town are. MR. SCHWARTZ: I heard the presentation this morning. Everything is included. One price and a very low annual maintenance ongoing fee and everything is included. Then I went back and looked at the CivicPlus proposal, optional, extra cost, optional, not included in the proposed price, in the contract. There are a lot of issues here. Honestly, the negotiation, if you look at the proposal from CivicPlus, the first point they make is that the RFP from the town anticipated that the new website would be complete and functioning by December 1,2011. Okay, well, how many days do we have left? Okay... SUPERVISOR RUSSELL: How long ago did that, you know... MR. SCHWARTZ: I agree with CivicPlus. That is not going to happen. The next point that they make... SUPERVISOR RUSSELL: Instead of being argumentative, let's do this. I will ask the Board to consider tabling this for two weeks .... COUNCILMAN TALBOT: Yes, when it comes up for resolution .... SUPERVISOR RUSSELL: The only reason I am even interested in tabling this is because it wasn't on the agenda that I had put out on Friday and I like to have all of those items out before the public, other than the occasional have to pass a resolution at the last minute for emergency reasons or whatever reasons. The public has a right to a certain time frame to know how we are acting. So what I will do is I will table this for two weeks but I would strongly recommend everybody that if you are willing to work with the town, great, if you are looking to make money off the town, your opportunity was to submit an RFP like everybody else. Because it has to be a transparent process. And we can't sit here now and make the process unfair because the people that participated in the vetting process and people, alright, so we will table it for two weeks, if the Board agrees. MR. SCHWARTZ: Meanwhile, in that two weeks, are we going to see before the vote occurs, are we going to see a draft of the proposed contract? Because several members of the Board have already admitted that they are not all that familiar with the technological specifications and you know, but there are people... COUNCILMAN KRUPSKI: Inaudible. MR. SCHWARTZ: Well, but the people in the public are, that is why we have open meeting laws and public, freedom of information laws but .... SUPERVISOR RUSSELL: That is why you have to have faith and confidence in the staff that you put together to help vet this. I think they did an excellent job, they put a lot of work into this and I have a lot of faith and confidence in that committee. November 22, 2011 Page 15 Southold Town Board Meeting Minutes MR. SCHWARTZ: Well, you know what? I don't. Because I was there at the presentation this morning. They talked about one of the five, or two of the town's five websites. There are three other websites this town is currently operating. There is a lot of things that go into a website. Talk is cheap. I would like to see, you talk about content, there was talk about how we are going to get the department heads. I made a suggestion, I appreciate that someone on the Town Board asked me to participate this morning. And my suggestion was that maybe the Town Board would have some content to contribute. Something, there is nothing on the website about what the Town Board does or how the Town Board works. SUPERVISOR RUSSELL: Well, that is going to change with the new website. Absolutely. MR. SCHWARTZ: Well, the new website, we don't need to wait for a new website to have a directive in the monthly reports from the department heads, that they should report on what they are doing, we can do that with the current website. We can start a facebook, we can start a twitter. Before we go into a company that we are going to have a long term relationship and the only guarantee in the RFP, the town requested they post a bond. They said, we don't have to post a bond, we have got a lot of clients and we are not going to screw you but they say in their RFP also, that if they go out of business, they won't stand in the way of someone stepping into their shoes. They may not be standing in the way but these shoes that we are stepping into now are not, nobody else knows how to walk in those shoes. This one company, so I think you need to look very carefully and not buy a pig in a poke. SUPERVISOR RUSSELL: I think we did but, would anybody else like to comment on any of the agenda items? COUNCILMAN KRUPSKI: Actually just to, I am sorry Benja, you can finish up but then I would like to get an explanation from Phil Beltz who is on that task force, on how you operated, how it was a public process. How you reached out to the public. Just an explanation, I think, would be nice. Phillip Beltz, Deputy Supervisor PHILIP BELTZ: Well, it was an internal working group. I don't care what the semantics are, whether it was a committee or what. It was brought together through the Supervisor bringing together people in town government who worked with the website. What do we see as being features that would be promising, enhancing, public interface etc. We had this, several individuals, the Town Clerk, myself, Jen Andaloro from the Town Attorney's office, Rnthanne Woodhull from the Supervisor's office, Claire Glew from the Assessor's office and Lloyd Reisenberg. So we met, we discussed how we believe it would work best as far as meeting our goals as well as the goals of the public. We did in fact have a public meeting, that was advertised, we had two individuals that came out, no three. Ms. Lane, Mr. Schwarz and another gentleman came. So we utilized that opportunity to try to get feedback from the public. We went forward. We have had multiple meetings. I personally think this undermines the process of what we did. I think we did a lot of work. Hours, days, going through reading these proposals, having people come in. We went through everything and we ultimately made a recommendation based on what we saw. We had some town board members come and participate and then it led November 22, 2011 Page 16 Southold Town Board Meeting Minutes up to today which was to go forward and to develop a contract upon review of the Town Attorney. I mean, as far as I am concerned, it starts with following the process. The process was anybody that wanted to respond to that RFP, could respond to the RFP. SUPERVISOR RUSSELL: Right. MR. BELTZ: And we had responses from Kansas, we had Oregon, we had Connecticut, we had Long Island but you know, the word got out where people knew what to do to respond. So we just followed the process and I am very happy with what we came up with the recommendation. SUPERVISOR RUSSELL: I think you did an excellent job and to be perfectly candid, I am not sure that it's appropriate to have this RFP process and then set it to the side because someone wants to, now I want jump in. MR. BELTZ: And frankly, if you put this public, do you think somebody who actually is representing this organization would be able to sit through this kind of vetting without even knowing the whole process? Okay, this was a lot of time to build up to that, you have to trust people to make recommendations, what they think is the good for all. Our interest was the public as much as it was for internal government. COUNCILMAN KRUPSKI: Thank you, Philip. Benja Schwartz MR. SCHWARTZ: Excuse me, was there anyone on the committee who ever built a successful website? Did anybody representing the town understand the substance of what they were dealing with ? I don't think so. But that is all I am going to say. Alright? I would like to just .... SUPERVISOR RUSSELL: I think its, it's a very talented committee that was there and if you are going to sit here and cast aspersions on a bunch of people that... MR. SCHWARTZ: I am not casting aspersions, I took, I traveled, I changed my schedule around, I traveled hundreds of miles to get back here in time for that meeting and I was available, I did RFP's, I tried to find out the meeting schedule for that committee. I did everything I could in my power to join that committee including talk to you and I have talked to you many times, Scott... SUPERVISOR RUSSELL: You gave me a proposal, you wanted $50 an hour to correct our current website and I don't have the authority to hire unilaterally. MR. SCHWARTZ: That is a misrepresentation of my proposal. SUPERVISOR RUSSELL: I brought your proposal back to the Town Board which was a different Town Board and they said no. I can't help that, I don't have the unilateral right to hire people. But I remember that presentation, that was back with a previous Town Board but again that (inaudible) November 22, 2011 Page 17 Southold Town Board Meeting Minutes MR. SCHWARTZ: I have made many proposals over the year and I was asked by the town to make a note on the proposed website which is still on line .... SUPERVISOR RUSSELL: We followed a due process... MR. SCHWARTZ: To indicate that that was not the official Town of Southold website because people were confused, they thought that one of the drafts that I did looked more real than the real thing. That is all I am going to say except for I don't think any of you have any business voting on any contract subject to the approval of the Town Attorney if that contract is not yet in existence. Is not yet negotiated. To me that is wrong and 1 would, I don't know how I can get that through to you that that's not the way, if it happens all the time, then we have an ongoing problem. So I have another resolution I would like to discuss very briefly. I don't have the number but the resolution to appoint the Economic Development Task Force which is apparently going to be a public committee and the law, Southold Town law which you represent the enacting body, the Town Board created this law and it says that when you create a committee, you need to follow certain procedure and I am not here to argue with you, I am not going to, you know, you want to talk to me, you know how to, everyone of you knows how to get in touch with me. I would be happy to discuss it in more detail. But this resolution tonight which references a proposed draft of a chapter of the new master plan, as if it is adopted and incorporates it by reference as the grounds for this committee, when I go back to that proposed chapter and I read the paragraph or so that maybe is relevant and then it says there is other things also in that proposed chapter. But I was at those meetings, too. I don't think I was heard. I said that we don't need to grow the business in Southold, the dollar amount, the total dollar amount is fine the way it is, what we need to do is support everybody getting a piece of the pie. Building a solid economy, a local economy. We need balance more than growth. There is a lot of ways to do that. Appointing a committee is a good step but if you are going to appoint a committee, you are the quarterback. You have a duty to give them the play, the game plan. You can't just appoint a committee and expect them to figure it out. We are under a lot of pressure from major corporations coming into town here. I don't think we are doing much. Thank you. SUPERVISOR RUSSELL: First you say we are not doing anything, Then when we do something, you criticize that. it is an ongoing process with you. It is amazing to me. MR. SCHWARTZ: This is not personal, Scott. You are making this personal. SUPERVISOR RUSSELL: No, it is a public process and we go and what we have is first of all.. MR. SCHWARTZ: I am talking about .... SUPERVISOR RUSSELL: Whether we grow economically or just simply disperse economically, those are philosophical issues. But I think everybody recognizes the need to support the local business community and if we can, let the local business community prosper. And that necessitates growth, in order to prosper. So to suggest that we don't need to grow economically is a misnomer, if you disagree with that, there is a public forum for that, they are called elections. You can run for office and offer your view that we don't need to grow November 22, 2011 Southold Town Board Meeting Minutes Page 18 economically, we just need to disperse the economics a little more evenly. Those are philosophical issues that need to be settled at the ballot box, not at Town Hall. But I think we worked, again, hard in trying to put together a very diverse group of people who were willing to come in and volunteer their time to this community to help this community. MR. SCHWARTZ: I think I am one of those people but I don't think I am being heard .... SUPERVISOR RUSSELL: But you didn't put your name in. MR. SCHWARTZ: Not for this committee. I have got my name in for some other committees that they have not been filled, those positions. I have been passed over many times and some people have given me very clear, distinct impressions that I was not, that I wouldn't be considered even if I did apply. So if that is not the case then maybe you can correct that rather than reinforcing that impression. Supervisor Russell SUPERVISOR RUSSELL: Would anybody else like to comment on any of the agenda items? (No response) Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, October 25, 2011 Vote Record - Acceptance of Minutes for October 25~ 2011 7:30 PM Yes/Aye No/Nay Abstain Absent William Ruland Voter [] [] [] [] [] Accepted Vincent Orlando Voter [] [] [] [] [] Accepted as Amended Christopher Talbot Seconder [] [] [] [] [] Tabled A!be!~ Krupski 1r. Voter [] [] [] [] Louisa P. Evans Initiator [] [] [] [] Scott Russell Voter [] [] [] [] RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Wednesday, November 09, 2011 Vote Record - Acceptance of Minutes for November 9, 2011 7:00 PM Yes/Aye No/Nay Abstain Absent William Ruland Voter [] [] [] [] [] Accepted Vincent 0;land0 Voter [] [] [] [] [] Accepted as Amended Christopher Talbot Seconder [] [] [] [] [] Tabled Albert Krupski Jr. Voter [] [] [] [] Louisa P. Evans Initiator [] [] [] [] Scott Russell Voter [] [] [] [] V. Resolutions 2011-780 cA TEGORY: Audit DEPARTMENT: Town Clerk November 22, 2011 Southold Town Board Meeting Minutes Page 19 Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated November 22~ 2011. Vote Retord - ReSOlution, RESt2011~780 [~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William R~land 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 I~l [] [] [] [] Supt Hgwys Appt [] No Action 2011-781 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held at 7:30 PM on Tuesda¥~ December 6~ 2011 at the Southold Town Hall, Southold, New York Vote ReCOrd 2 Resolution RES;20 i 1-781 ~ 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 lintiator [] [] [] [] [] Town Clerk's Appt ~0ti Russell Initiator [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-736 Tabled 10/25/2011 7:30 PM, 11/9/2011 7:00 PM CA TEGOR Y: Enact Local Law DEPARTMENT: Town Clerk Enact LL # 13 Chapter 144 TO BE WITHDRAWN 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 November 22, 2011 Southold Town Board Meeting Minutes Page 20 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, Zoning" 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. 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 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 November 22, 2011 Page 21 Southold Town Board Meeting Minutes records. (c) q~qe 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. (_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)0) Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth above. Construction docmnents 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 November 22, 2011 Page 22 Southold Town Board Meeting Minutes 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: ALTERATION - ^ 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. 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~maodeti~g 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 rcmodc!ing 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 November 22, 2011 Southold Town Board Meeting Minutes Page 23 (b) 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. Nothing in this article shall be deemed to prevent the r~ao&qing 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 November 22, 2011 Page 24 Southold Town Board Meeting Minutes 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. 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 subiect 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 ma,/be made from time to time to (3) 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 1/4 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 lA of the initial deposit or to such stun as deemed necessary b,/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 ma,/suspend its review of the application. 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. November 22, 2011 Page 25 Southold Town Board Meeting Minutes [] Tax Receiver's Appt Albert Kmpski Jr. Voter I~ F1 [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] 2011-782 CATEGORY: DEPARTMENT: Retirement/Resignation Accounting Resignation & ,4dvertise for P/T Clerk-Typist RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Mary Hydell from her position as a part time Clerk Typist in the Assessors office effective December 16, 2011, and be it further RESOLVED that the Town Clerk is authorized and directed to advertise for this postion. Vote Record; ResolUtion RES-2011-782 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder El [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Chri~t0pher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter ~ D [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-783 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Recreation Hire Winter Recreation Program Instructors Resolved that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement with the following individuals and businesses for the winter 2012 recreation programs, all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the recreation department's 2012 instructor line A7020.4.500.420. Lynda Agrusso (guitar) ..............................................$30/hour Antoinette Beck-Witt (drawing class) ..................................... $30/hour November 22, 2011 Page 26 Southold Town Board Meeting Minutes Linda Berger (Watercolor) ......................................... $30/hour Thomas Boucher (guitar) ....................................................... $30/hour Roz Calvert (genealogy course) .................................. $30/hour Susan Dingle (self-care; counseling) .............................. $30/hour Lenora Dome (belly dancing) ................................................ $30/hour Martha Eagle (Aerobics/Pilates/Yoga/Power Stretching) ....... $30/hour Bill Gatz (youth basketball) ....................................... $3 O/hour Denise Gillies (Tai Chi) ............................................ $30/hour GymNation (Gymnastics) .......................................... $50/person Mary Hasel (yoga for children) ................................... $30/hour Mia Howard (painting program) ................................. $30/hour Alice Jones (cosmetology) ........................................ $30/hour LaughNYC (comedy program) ................................. $75/person Rosemary Martilotta (yoga) ................................................... $55/class Judy McCleery (digital photography) ............................ $30/hour Peggy McLoughlin (faux painting) .............................. $30/hour Darren Mignone (Hula Hoop Fitness Program) .............. $30/hour Maribeth Mundell (singing program) .......................... $30/hour North Fork School for Dogs (dog obedience) ................ $70/person R & C Agency Management Corp. (defensive driving)... $30/person Laurie Short (aerobics classes) .............................................. $30/hour Steve Smith (weight training) ................................................ $30/hour Jocelyn Suglia (youth basketball) ............................... $30/hour Kathleen Tergesen (co-ed volleyball) ........................... $20/hour Barbara Terranova (hiking) ...................................... $30/hour Lisa Tettelbach (greeting cards) .................................. $30/hour US Coast Guard Auxiliary (adult boating) .....................$40/person Megan Vinciguerra (web design) .............................. $30/hour Harry Wicks (woodturning) ....................................$30/hour Vote Record - Resolution RES-20tl-783 [] Adopted [] Adopted as Amended [] Defeated Y~s/Aye No/Nay Abstain Absent [] Tabled Wiiiiam Ruland Voter [] [] [3 [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] Initiator [] [] [] FI [] Tax Receiver's Appt Albert Krapski Jr. [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-784 CATEGOR~ DEPARTMEN~ Authorize Payment Planning Board Rqfitnd Unused Consultant Fee November 22, 2011 Southold Town Board Meeting Minutes Page 27 Resolved, that unused consulting fees paid to the Town totaling $1,419.08 be refunded to the applicant, MetroPCS New York, LLC, for approved wireless application at Peimey Lumber, 12585 Sound Avenue, Mattituck, SCTM#141-3-38.1. Vote Record - Resolution RE$-2011=784 I~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter I~l [] [] [] [] 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 2011-785 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Modification Agreement Form Between the Town of Southold and the New York State Office for the Aging RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Modification Agreement Form between the Town of Southold and the New York State Office for the Aging in connection with extending the contract period for Agreement #TM02521 (Senior Center Improvements) to December 31, 2011, subject to the approval of the Town Attorney. vote ReCOrd 2 ReSOiution R1~S-2011-785 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot In!tiator [] [] [] [] [] Tax Receiver's Appt A!b~ ~PSk! Jr. Voter [] [] [] [] 2011-786 CA TEGOR Y: DEPARTMENT: Budget Modification Solid Waste Management District SWMD Budget Mods Fiscal Impact: Replacement of worn wear liners. RESOLVED that the Town Board of the Town of Southold hereby modifies the November 22, 2011 Southold Town Board Meeting Minutes Page 28 2011 Solid Waste Management District budget as follows: From: SR 8160.4.400.815 (Scrap Tire Removal) To~: SR 8160.4.100.596 (Maint/Supply CBI Grinder) $1,500 $1,500 vote Record -Resoiution RES-20i 1-786 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Cl~§t0Pher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] Rescinded Louisa P. Evans Voter [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] Supt Hgwys Appt [] No Action 2011-787 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Appoint Economic Development Committee Members WHEREAS, the Town of Southold is committed to promoting economic vitality through accomplishing goals and objectives as outlined in the Draft Economic Chapter of the Town's developing comprehensive plan, Southold 2020. The Town Board created an Economic Development Committee to advance initiatives to support economic growth for residents and businesses within the Town of Southold. RESOLVED that the Town Board of the Town of Southold hereby appoints the following individuals to serve on the Economic Development Committee for a term to expire March 31,2013: Amy Bums Donielle Cardinale Anthony Cocheo Linton Duell Stephen Latham Rona Smith John Stype Ian Wile Carolyn Fahey, Ex-officio, Intergovernmental Relations Coordinator, Suffblk County Department of Economic Development and Workfome Housing Phillip Beltz, Special Projects Coordinator Supervisor Scott Russell, Town Board Liaison Councilman William Ruland, Town Board Liaison November 22, 2011 Southold Town Board Meeting Minutes Page 29 ff v~te Record - Resointion RES-2011.787 [] Adopted [] Adopted as Pancnded [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [3 [] [] [] [] Supervisor's Appt ~5~oPher Talbot Voter 1~ [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder 1~ [3 [3 [3 [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter ~ [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution//787 COUNCILMAN KRUPSKI: Can I make a change in the wording? To say 'promote economic vitality through accomplishing goals and objectives as outlined in the draft of the economic chapter of the Town's developing comprehensive plan'. 2011-788 CA TEGOR Y: DEPARTMENT: Bid Acceptance Town Clerk Accept the Bid of Arshamomaque Dairy Farm, Inc. to Supply the Senior Nutrition Programs with Milk RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Arshamomaque Dairy Farm, Inc. to supply the Senior Nutrition Programs with milk at a rate of .30¢ per V2 pint and $3.75 per gallon for the calendar year 2012, all in accordance with the Town Attorney. ff Vote Record - Resolution RES-2011-788 ~ Adopted [] Adopted as Amended [] Defeated Yes/AYe N~NaY Abs~a!n Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [3 [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albea Krapski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [3 [2] [] Supt Hgwys Appt [] No Action 2011-789 CATEGORY: DEPARTMENT: Bid Acceptance Town Clerk 2011 Bid on Scrap Tire Disposal RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of November 22, 2011 Southold Town Board Meeting Minutes Page 30 S & M Tire Recycling to supply the town with scrap tire removal and disposal services for calendar year 2012 in the amount of $1,450.00 per trailer load, all in accordance with the Town Attorney. Vote Record - Resolution RES-2011-789 [] Adopted [] Adopted as Araended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [3 [] [] [] Supervisor's Appt Christopher Talbot Seconder [] [] [] [] [] Tax Receiver's Appt Albe~t Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator I~ [] ~ [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-790 CATEGORY: DEPARTMENT: Bid Acceptance Town Clerk 2012 Heating Fuel Oil RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Burt's Reliable~ 1515 Young's Avenue~ Southold, NY to supply the town with heating fuel oil for 2012 at $0.14¼ per gallon over the Northville Rack Price, subject to the approval of the Town Attorney. Vote Record -Resolution RES-2011,790 [] 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 ff] [] [] [] [] Tax Receiver's Appt A!bcrt ~PSk! .1[: ~0~C? [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [3 [3 [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-791 CA TE G OR Y: DEPARTMENT: Close/Use Town Roads Town Clerk Long Island Blood Services' Mobile Unit to Park in the Municipal Parking Lot Behind Barth's Pharmacy in Mattituck on Monday, December 12, 2011 from 10.'00 Am Until 3.'00 Pm to Hold a Blood Drive RESOLVED the Town Board of the Town of Southold hereby grants permission for the Long Island Blood Services' mobile unit to park in the municipal parking lot behind Barth's Pharmacy in Mattituck on Monday, December 12, 2011 from 10:00 am until 3:00 pm to hold a blood drive sponsored by Barth's Pharmacy, the Roy H. Reeve Insurance Agency and the Long Island Blood November 22,2011 Southold Town Board Meeting Minutes Page 31 Services provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured. The fees have been waived for this event. Vote Record - Resolution RES,2011-791 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled Wiiii~m Ruland Initiator gl [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt C~tppher Talbot Voter [] [] [] [] [] Tax Receivefs Appt Albert Kmpski Jr. Voter [] : [] [] [] [] Rescinded Louisa P. Evans Voter [] FI [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-792 CA TE GO R Y: DEPARTMENT: Budget Modification Data Processing Information Technologies - Budget Modification Fiscal Impact: Funds being transferred are inter-department. The increasing number oJ~ower outages and spikes at Town Hall has cause a number of UPS units to fail and need replacing. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund budget as follows: From:. A. 1680.4.100.200 PC Parts and Supplies $1800.00 To: A. 1680.4.400.356 UPS Maintenance $1800.00 [] Supervisoffs Appt ChfistoPher Talbot Voter [] [] [] [] 2011-793 CA TEGOR Y: Legal DEPARTMENT: Town Attorney November 22, 2011 Page 32 Southold Town Board Meeting Minutes 7:35PM 12/6/11 - PH Solar Energy Fast Track Permit RESOLVED the Town Board of the Town of Southold hereby amends Resolution No. 2011- 768 adopted November 3,2011 to correct an editing error to read as follows: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 9th day of November, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Building Code Administration, in connection with Residential Solar Energy System Fast Track Permit Application Process" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 6th day of December, 2011 at 7:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Building Code Administration, in connection with Residential Solar Energy System Fast Track Permit Application Process" 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, in connection with Residential Solar Energy System Fast Track Permit Application Process". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the intention of the Town Board of the Town of Southold, as part of its goal to limit dependence on imported sources of fossil energy, cut greenhouse gas emissions and reduce the cost of energy for our residents, to enact a Solar Energy System Fast Track Permit process modeled on the guideline recommendations of the Long Island Unified Solar Permitting Initiative composed of the Suffolk County Planning Commission, Nassau County Planning Commission, and the Long Island Power Authority, whereby the installation of standard solar energy systems can be standardized, simplified and accelerated in Towns and Villages across Long Island. II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows: §144-3. Administration and enforcement officers designated; definitions. D. As used in this chapter, the following terms shall have the meanings indicated: SOLAR POWER FAST TRACK PROGRAM - A Program to expedite all applications for standard installations of solar electric and solar hot water energy systems on residential buildings and legal accessory structures on residential property as developed November 22, 2011 Page 33 Southold Town Board Meeting Minutes by Long Island Unified Solar Permitting Initiative. STANDARD INSTALLATION - Those installations that meet the following criteria, and an,/subsequent amendment thereto: (1) Are not subiect to architectural review or review by the Architectural Review Board or Landmark Preservation Commission[ (2) Are proposed for installation on a roof with a single layer of roof covering; (3) Are to be flush-mounted parallel to the roof surface and no more than 6" above the surface1 (4) Have an 18" clearing at the roof ridge and an 18" cleating path to the ridge; (5) Create a roof load of no more than 5 pounds per square foot for photovoltaic (PV) and 6 pounds per square foot for residential solar hot water (RSHW); (6)Be installed by LIPA authorized contractors; (7) Use PV panels that have been certified by a nationally-recognized testing laboratory as meeting the requirements of the Underwriters Laboratory (UL) Standard 1703 and inverters must be on a list of New York State Public Service Commission type tested inverters which are tested by UL or other nationally-recognized laboratories to conform with UL 1741; (8) Use RSHW equipment that has been certified by the Solar Rating and Certification Corporation under its OG-100 standard for solar collectors; (9) Use other equipment such as modules, combiner boxes and a mounting system that have been approved for public use; and (t 0) Be in full compliance with all current National Electrical Code (NEC) requirements. §144-8. Building permit required; application for permit. C. Applications. (1) Except for standard installations of solar energy systems, the requirements for which are set forth in Section C(3) of this Chapter, 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 National Electric Code (NEC), the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation: (2) Exception to the requirements set forth in § 144-8C. Building Inspectors have the right, when an application for a structure is accompanied by plans and specifications bearing the signature and original seal of a licensed professional engineer or architect and accompanied by an affidavit stating that the plans and specifications comply with the Uniform Code and November 22, 2011 Page 34 Southold Town Board Meeting Minutes (3) K. Permit Energy Code, to verify that both the plans and the censtmctien installation comply with the High Wind Load requirements, the Uniform Code and Energy Code at the field inspection stage. Applications for standard installations of solar energy systems shall be made on the Fast Track Permit Application form provided by the Building Inspector and shall include a completed requirements checklist bearing the signature of the property owner and contractor, a project information sheet and configuration diagram prepared by a Professional Engineer or Registered Architect, ~ ...... , ............................. r~..t a;~ T ..... '~ ~ ............. Appli .... v .................... ,. cations for standard installations on residential and legal accessory structures on residential property shall be determined within fourteen (14) business days of the filing of a completed application. The Building Inspector will maintain a list by address of all solar energy installations to be shared with relevant first responder organizations and require a sign on the utility meter and at any Alternating Current (AC) disconnect switch indicating that there is an operating solar electric co-generation system on site. fees. (1) The following fees shall be paid upon the filing of an application with the Building Inspector for a building permit, which fees shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied: (i) The fee for standard applications for any residential solar energy system shall be $ 50.00. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2011-793 fi] Adopted [] Adopted as Amended [] Defeated ye~Ay~ No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Ka'upski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] FI [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] D [] Supt Hgwys Appt [] No Action November 22, 2011 Southold Town Board Meeting Minutes. Page 35 2011-794 CA TEGOR Y: DEPARTMENT: Policies Land Preservation Policy for Naming Properties RESOLVED that the Town Board of the Town of Southold hereby adopts a policv for naming open space preserves~ lands and improvements. This policy includes guidelines for honoring individuals, corporations, groups, and organizations. Vote Record - ResolutiOn RES-201i~794 [] Adopted [] Adopted as Panended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] 13 [] [] Withdrawn Vincent Orlando Voter [] [] [] [] 13 Supervisor's Appt Christopher Talbot Seconder [] [23 13 12] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] 12] [] Rescinded Louisa P. Evans Initiator [] [21 [] [3 [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-795 CATEGORY: DEPARTMENT: Employment - Town Town Attorney Ratifies and Approves the Memorandum of Agreement Between the Town qf Southold and the Southold Town Police Benevolent Association Dated November 21, 2011. RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Memorandum of Agreement between the Town of Southol and the Southold Town Police Benevolent Association dated November 21~ 2011. ·/Vote Record Resoluti0n RE~-20~!-795 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt ~riit~p~ T~i~i initiator [] [] v1 [] [] Tax Receiver's Appt Albert IQ~pski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [~ [] [] [] [] Supt Hgwys Appt [] No Action 2011-796 CA TEGOR Y: DEPARTMENT: Committee Appointment Town Clerk November 22, 2011 Page 36 Southold Town Board Meeting Minutes Appoint Nicholas d. Planamento to the Board of Assessment Review RESOLVED the Town Board of the Town of Southold hereby appoints Nicholas J. Planamento to the Board of Assessment Review effective immediately through September 30, 2016. ~vote Record - ReSOlati0~t RES;2011-796 i¢1 Adopted [] Adopted as Amended [] Defeated Yes/Ay~ N0~Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] El [] El [] Supt Hgwys Appt [] No Action 2011-797 CA TE G OR Y: DEPARTMENT: Public Service Town Attorney Authorizes Supervisor Scott A. Russell to Retain Andrew Stype Realty, Inc. to Prepare an Appraisal of the Property Located at 5675 Mill Road, Mattituck, SCTM #1000-106-6-2, in Accordance with Their Quotation Dated November 18, 2011, at a Cost Not to Exceed $500. O0 RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to retain Andrew Stype Realty~ Inc. to prepare an Appraisal of the proper .ty located at 5675 Mill Road~ Mattituck~ SCTM #1000-106-6-2, in accordance with their Quotation dated November 18, 2011, at a cost not to exceed $500.00, subject to the approval of the Town Attorney. ~' V0te Record - Re~luti0n RES-2011~797 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] V1 [] [] Town Clerk's Appt Scott Russell Voter [] [3 [] [] [] Supt Hgwys Appt [] No Action 2011-798 CA TEGOR Y: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Seek Contract with CivicPlus for I'Veb Site November 22, 2011 Page 37 Southold Town Board Meeting .Minutes RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott Russell to seek a contract with Civic Plus of Manhattan~ Kansas to provide website deslgn~ for the Town Board's approval all in accordance with the approval of the Town Attorney. Vote Record, Resolution RES-2011-798 [] Adopted [] Adopted as Amended [] Defeated yes/Aye No/Nay Abstain Absent [] Tabled Wiili~m Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Seconder ~ [] [] [] [] Supervisors Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter gl [] [] 13 [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 798 COUNCILMAN KRUPSKI: I make a motion to table. JUSTICE EVANS: Second. COUNCILMAN RULAND: Discussion? COUNCILMAN KRUPSKI: Sure. COUNCILMAN RULAND: Supposing we amended how it is written because it seems like all this is going to do is delay the process, could we, and I ask you my colleagues, could we authorize the Supervisor to seek a contract for our consideration, otherwise... JUSTICE EVANS: That sounds like a good idea. COUNCILMAN RULAND: We need to get the contract to either .... COUNCILMAN ORLANDO: Evaluate it? COUNCILMAN RULAND: Well, evaluate it based on the comments of the public tonight whether in fact it does or does not include, since the RFP is not a binding contract, that the wording is going to have to be in the contract that is going to have to be ratified by both parties. Certainly we should solicit the contract to find out if in fact the very information that has been the subject of the discussion tonight is in fact in it or is not in it. And if it is not in it, maybe it should be and if there is something in there that shouldn't be, we should seek to delete it before we enter into it. JUSTICE EVANS: So we change the wording to seek the contract instead of sign an agreement. COUNCILMAN KRUPSKI: (reads revised resolution) November 22, 2011 Page 38 Southold Town Board Meeting Minutes COUNCILMAN RULAND: Are we still in discussion? COUNCILMAN KRUPSKI: Yes. COUNCILMAN RULAND: Well, I sat here thinking about it and it really is, I don't think anyone wants to delay the process, I don't think that anybody wants to dispel the work that is done. I certainly don't. But I will take notice of the comments that have been made and certainly the comments that have been made should be looked for and at least both quantified and qualified in an agreement that they would proposed because we certainly know that them are always entities that will tell you one thing and then submit a contract that says something else. Not that I am accusing that but the fact of the matter is, until we have the agreement before us that is proposed to be adopted, we don't know what it says. And rather than a two week hiatus, what we don't really know, if we authorize them to seek the contract, the seller of the s~rvice will provide one and at that point, we have as long as we want to review it and seek input and find out whether in fact we want to authorize signing it or not. My opinion. SUPERVISOR RUSSELL: Very good, Bill. COUNCILMAN KRUPSKI: So we have a motion and second. Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 5:34 PM in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell VI. Public Hearings Set 4:35 PM, Tuesday, November 22, 2011 for a Public Hearing to Hear Citizens Views on Local Housing and Community Development Needs RESULT: CLOSED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Councilman Christopher M. Talbot COUNCILMAN TALBOT: In April, 2012 the Town of Southold expects to receive approximately $94,715.00 in Federal Community Development Block Grant Funds. These funds may be used, and have been previously used for a variety of projects to be selected by local officials. Eligible activities include: Acquisition and demolition of blighted property November 22,2011 Southold Town Board Meeting Minutes Page 39 Housing rehabilitation Elimination of physical barriers for the handicapped Public facilities and improvements Street Reconstruction Code Enforcement Public Water projects Economic Development Public Services (total allotment limited to 15%) Town Residents are invited to attend this public heating on Tuesday~ November 22~ 2011~ 4:35 P.M. at the Southold Town Hall, 53095 Main Road, Southold, New York, to express citizen views on local housing community development needs to be met with these funds. We have a notice that it was posted on the Town Clerk's bulletin board on October 31,2011 and in the Suffolk Times, it was posted on November 10, 2011. We have another request. I have one "Dear Mr. Beltz, Please be advised that the North Fork Housing Alliance, Inc. administers the Town of Southold's rehabilitation program. This program provides eligible owner occupied homeowners the opportunity to have health and safety items addressed at their homes. We, in conjunction with the Town of Southold, have completed over 150 units of rehabilitation since the inception of the program. This program is essential because without it, homeowners would not be able to complete the necessary improvements to ensure that their property is up to code. We currently maintain a waiting list of those persons waiting to be served as funding becomes available. Therefore, we are requesting $75,000 from this round of funding. I thank you in advance for alt of your cooperation with this matter. Signed Tanya Palmore Executive Director, North For Housing Alliance" And that is all that I have. Supervisor Russell SUPERVISOR RUSSELL: Would anybody like to comment on this particular public hearing? On any issue? Duane Wagner, Chairman, Maureen's Haven DWAYNE WAGNER: Good afternoon, Dwayne Wagner. I am the chair of the Board of Maurcen's Haven, Pcconic Community Council. I would like to thank you for the opportunity to address you. I have a formal letter that I will submit to you after my comments, outlining what we do and changes that we have made and improvements in our program over the past year. Again, I am the current chair of thc board of Manreen's Haven. Basically, our mission is to empower and protect the East End's homeless. We do that utilizing 15 houses of worship and 20 supporting houses of worship that are located throughout the north and south forks of Long Island. Thc components, thc individuals that arc in those houses of worship last year totaled 1,200. Twelve hundred volunteers within the 35 houses of worship. So the power of Manreen's Haven is the volunteers who make up Maureen's Haven and those volunteers arc thc individuals that are within the houses of worship that make up Maurecn's Haven. I have some statistics for you, ! would just like to read to you regarding last year. Basically last winter we served 250 individuals over 130 nights. The program, for those who may not be familiar with it, runs from November 1 through April 1 and five nights this season, five nights a week, every week during that period of time, an individual house of worship will accept on average 40 and as high last November 22, 2011 Southold Town Board Meeting Minutes Page 40 year 57 homeless individuals that live on the east end of Long Island. So it is between, usually with us it is between 40 and 57 individuals are housed in whichever house of worship has volunteered its space for that particular night. Again, last year 252 individuals were served over 130 nights. On average, the number of guests per evening was 40 with a high of 57, overall 5,256 beds were made for last years season within the houses of worship. Of the total 81 percent of those served were male, 19 percent were female. It is important to note that due to the ever declining economy, the number of new homeless has risen and the working poor our included in our guest list. I also serve as a volunteer in my own church as an overnight chaperone and just to report to you and this is common within other congregations is that individuals get up to go to work that stay with us at Maureen's Haven. So it is not just unemployed individuals, there are actually working poor unfortunately that are part of the program. We have partnered specifically with churches within the township of Southold Town. Those churches and congregations are the following: Southold Presbyterian Church, St. Patrick's Roman Catholic Church, Southold Universalist Church, St. Peter's Lutheran Church and Sacred Heart Roman Catholic Church. Those are churches that are participating in the Maureen's Haven program. We are entering our 10th season of service, of this program operating between November 1 and April 1, this is our 10th year. We actually just obtained new space in the Town of Riverhead and that space includes a large congregation room where we will be able to provide more services, part of our mission also is not just to provide temporary homeless shelter but to provide employment opportunities, GED training, so our mission is to help with the emergency needed for housing but then also to teach and help the individuals that are in the program become gainfully employed so that they will come out of the program. And we have actually had volunteers in the program that used to be participants as homeless individuals in the program. So we have had graduates come out and then later volunteer their time within the churches. So in closing, you have been supportive in the past for a number of years, we want to thank you for that as a town and ask that if you could renew your support, we will put the dollars to work with our administrative staff, we have a full time executive director, we have two other employees that are on our staff and again, these 1,200 volunteers that really make up the power of Maureen's Haven behind them. We respectfully request that you consider a grant this year of $10,000 if it is possible but we appreciate anything that you can do to help us. Thank you. And if you have any questions? SUPERVISOR RUSSELL: Thank you very much for coming in and presenting yourself to the Town Board, it is nice to hear from the groups that we try to help. Thank you very much. MR. WAGNER: Thank you for your help. And I will submit my letter. Joan Cortez, Director, Perry Day Care Center JOAN CORTEZ: Good evening. Thank you for the opportunity to speak to you on behalf of Perry Daycare center in Greenport. I am Joan Cortez, the director of Perry Day Care. As you may know, Perry Day Care center is the only New York State licensed daycare center on the eastern end of the North Fork. We are licensed to care for a maximum of 25 children, ages 2 months to 5 years of age. Perry Day Care Center has been providing quality childcare for the children of the Town of Southold since 1992. we are an independent, non-profit, private, 505 C 3 corporation. Currently we have 23 children enrolled and our children reside in Greenport, Mattituck, Southold and Cutchogue. Seventy percent of the children come fi.om lower income families, even though both parents may be working one or several jobs. About 40 percent of our November 22,2011 Southold Town Board Meeting Minutes Page 41 children have single parents, we are all aware of the fact that the cost of living in Southold Town is high due to the high rents and the cost of food and utilities. It is extremely difficult for our families to pay these high rents and provide the food and clothing that their children need. Because of this, we at Perry Day Care center have tried to keep the cost of childcare at our center at a reasonable rate for our parents. Many of our parents have jobs that pay barely above minimum wage and some of them have seasonal jobs, with odd jobs filling in during the winter months. Most of the children from our lower income families previously had some of the cost of their childcare subsidized by a New York State program. This program was phased out in September of 2010. This meant a loss in income for us of about $10,000 a month. Last fall, I appealed to our local community through various organizations and churches for support and donations. Our parents have also been actively involved in regular fundraising events and raffles over the past year as well. We were fortunate enough to receive a small emergency grant from the Hagedom Foundation. All of this support has been able to sustain us for the past year, the community block grant that we hope to receive soon for 2011 will also be of tremendous assistance to us. During these difficult economic times, it is obvious that all segments of society are suffering due to unemployment and cutbacks in state and federal funds. Many local businesses have disappeared and the ones that remain are struggling to remain solvent. I appeal to all of you to please include Perry Day Care Center in your request for community block grants for 2012. You have been very generous with us in the past and we appreciate your support. All educators will agree that the first 3 years of a child's life contribute greatly to their success throughout the remainder of their academic lives. Perry Day Care Center provides a much needed service to the working parents of Southold Town. Please help us to remain a viable resource for these struggling families by including us in next year's grant request. Thank you so much for your attention and assistance. SUPERVISOR RUSSELL: Thank you very much. I would ask anybody else that would like to comment on this particular public hearing. Christine Deboner, CAST CHRISTINE DIBONA: My name is Christine DiBona and thank you for hearing us tonight. I am representing CAST, I am on the board, I am a new member of the board. I am finding that CAST is a very well known organization in Southold and that is because the activities that go on from CAST are numerous. I think that our mission statement really defines our organization and that is to promote self sufficiency and provide a safety net for the Southold residents that are in need. We are a facilitator, we are not an enabler, 60% of our clients are employed, they are just struggling and having a hard time making ends meet. Southold has always been a big supporter of CAST and we hope that you continue to do so. We are a very tiny organization. There are basically one and half employees and all of this work gets done by volunteers in the town. I just want to go over a few of the things that CAST is involved with. I think that most people identify CAST with the food bank. We do food drives 4 times a year. You will find us in front of the grocery stores but we get food from donations from the town but also from churches, from the rotaries, from the girl scouts, the boy scouts and the food bank is in Greenport and our clients come and they walk away with grocery bags that feed their families. But we also do English as a second language, really survival skills for English. This year we did a program, it is called GRASP girls reach for academic success program. We had 30 girls run through it. We are hoping to do boys this year as well but we trained them to take the SAT's, they took the SAT's November 22, 2011 Page 42 Southold Town Board Meeting Minutes in November and we are hoping that had good results. It is basically for 11th and 12th graders and we are going to extend the program to 9th and l0th graders as well. We do mentoring after school, it is 2 days a week or more depending on the needs of the community. We do citizenship training, we had two individuals who ran through the program this year and they achieved their citizenship. We ran a summer camp for 5 weeks and 30 youngsters went through that. We assist our Spanish speaking clients, which are most of our clients, in completing applications for jobs, schools, for housing and we also provide clothing, sweaters and jackets for kids and it is all donations. We do a lot of fundraising, which is why I think a lot of people know who CAST is and we get a lot of our support from the community comes from fundraising. We do mailings twice a year, we do the holidays happenings which is next Saturday, so if you have kids, come to the Peconic Recreation Center and we make money from selling raffles and selling tickets. Peconic Landing is a tremendous supporter of CAST, one of our board members is a resident there. They put on plays and all the donations come to CAST, so we are reaching out to this community of people that really needs help. Southold township has provided in the past $5,000 to us and we hope that you can do that again in 2012. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Thank you very much. Would anybody else like to comment on this particular public hearing? (No response) Closing Comments John Lademann, Cutchogue JOHN LADEMANN: John Lademann, Cutchogue. I would like an update on the Satur situation on Alvah's Lane and I would also like to ask the Town do they go by the New York State motor vehicle law. We have got something from the DOT that says these forklifts are considered motor vehicles. They are not allowed on a public highway unless they are registered and we would like to know why they are not sticking to, they started writing some violations. Supervisor Russell SUPERVISOR RUSSELL: Okay, Mr. Lademann, first of all, if that is what Mr. Best got, I got that same copy and the DMV made no such affirmative statement as such. They said, the answer I thought from them was as ambiguous as the day is long. However, we did go out and ticket those forklift operators. The district attorney, I believe has a different opinion in terms of whether they are farm vehicles that need to be registered or not, he believes they do not need registration. John Lademann MR. LADEMANN: That is his opinion. He is an ADA and that is his opinion. I think we should go to motor vehicle. This is going on and on and on. Last night they were running on the road with one little light until 10:00 at night. The tractor trailer was in there loading vegetables this morning 5:00 in the morning. This is ridiculous. SUPERVISOR RUSSELL: Just so you understand. Our effort to try to do something is there... MR. LADEMANN: Nothing is happening. November 22,2011 Page 43 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Well, those tickets haven't been adjudicated and I will defer to Martin on them. TOWN ATTORNEY FINNEGAN: No and obviously it is for the courts to adjudicate the tickets but the Supervisor is correct, the police department has actively worked with the DMV and the district attorney's office to get this report to prosecute these violations and they believe that these vehicles are entitled to an ag exemption because of the fact that they are farm vehicles. That is the latest of what I have heard. I understand that there is one letter out there that offers an alternative but .... MR. LADEMANN: Yeah, motor vehicles'. TOWN ATTORNEY FINNEGAN: The district attorney prosecutes these actions and if they are of the mindset that this is what it is, they are the ones that you have to make the pitch to because believe me, the police department has worked very hard to scour the vehicle and traffic law to find out any available violation they can to try and stop this. MR. LADEMANN: I happen to work with ADA's when I was an investigator for the county and a lot of them use their own opinion, it is not what the law says. TOWN ATTORNEY FINNEGAN: Well, depending on how you look at it, there are exemptions depending on how these vehicles operate, where they operate and you know, the forklift versus if it is used for, I don't know what it is used for in this situation, they are going across the farm from one area to the other... MR. LADEMANN: How come sometime the town can violate them, they violate them if they catch them on the road? Why can't we check Southampton, how they are doing it? TOWN ATTORNEY FINNEGAN: Well, I would be glad to do that. MR. LADEMANN: I told the police chief that weeks ago. TOWN ATTORNEY FINNEGAN: Well, I will talk to him about it. SUPERVISOR RUSSELL: Just so you understand, Chief Flatley has reached out and looked for help. The district attorney's office, to the state, New York State police. We have looked at these jurisdictions. It's not that we don't agree with you, it's that some of these jurisdictions don't agree with you and those are some of the challenges we are faced with as we try to do something to address it. But we have, you know we have been actively trying to address the issue. MR. LADEMANN: I have talked to the state police and they can't understand how a judge wouldn't go with it, when you show them what the DOT understands, it is considered a motor vehicle. I have talked to them up in the Riverhead barracks. I mean, we have had an accident there. About a month ago, one of the big white trucks, I am not saying whose it was, the guys November 22, 2011 Southold Town Board Meeting Minutes Page 44 were working on the rail road gates, went through the gates, hit the, there was a vent there for the gas main there, it's about 8 foot tall, knocked that over and kept going. We have an eye witness for that, too. So what is going to happen? We are paying taxes on a property we can't use. SUPERVISOR RUSSELL: It is my understanding that those, that court case is pending, has not been adjudicated yet. So we still have to test the courts on that and we will see if we can get an affirmative decision from the judge on it but those tickets have been written and those cases will have their day in court. And I think the disposition of that case will set the stage on what we can do down the road. MR. LADEMANN: Well, I would check with Southampton and see if, how they do it. Maybe they go by something else. I checked, had the landscapers check over there and they said the same thing, they can't do it on Southampton roads. Benja Schwartz BENJA SCHWARTZ: Benja Schwartz. So the Southold Town police did write some tickets but they have stopped writing tickets. Well, I if it was wrong then, if it was illegal then, then it is still illegal. Until we get a decision of the court that says that it is legal, why isn't the Southold Town police continue to write tickets? Then when they get to court they will have to adjudicate that case but there will be a whole slew of tickets that will show exactly how often this is happening. I was there the other day, I drove by Satur farm and I saw the forklift came out right in front of me and then a police car was coming in the other direction, I looked in my rear view mirror and they went right by the forklift. So they are not stopping. I don't see Pete Harris here tonight. Well, it's, you know, since he is not here, I thought maybe on his behalf I would mention that I have been seeing a lot of stacks of bags on the side of the road. Is anybody going to be picking them up? COUNCILMAN TALBOT: Yes. We discussed it today. They are starting shortly. MR. SCHWARTZ: So there is going to be a town wide .... COUNCILMAN TALBOT: Leaf pickup. SUPERVISOR RUSSELL: The annual fall pickup is underway, it is starting shortly. They just literally last week completed the cleanup from the storm Irene. Just last week completed. I believe they wrapped it up around the Peconic Bay Boulevard area of Mattituck as of last week. MR. SCHWARTZ: Thank you for that clarification because there is certainly some confusion out there. 1 think it is the next week Suffolk Times that is going to have an article on the economic impacts of the collisions caused by deer. Those dear deer keep running into cars and costing people a lot of money and a lot of anger, aggravation. It was very interesting, one of the auto repair, auto body shop people in the article said that the problem is that people are turning away from the deer, they should be turning towards, steer towards the deer. If you turn away from it, you are going to hit them. Didn't quite make sense to me either. I think you want to steer behind the deer and most important, slow down. Anyway, that will be in the paper next week. There was in the other town news outlet, the North Fork Patch, they did a survey, did any November 22,2011 Southold Town Board Meeting Minutes Page 45 of the Town Board members see the survey on the deer problem on the Patch? They did a poll. COUNCILMAN ORLANDO: I didn't see the end result but I did see some of the comments. MR. SCHWARTZ: Well, 85 percent of the people polled found that, felt that the deer problem was getting worse. SUPERVISOR RUSSELL: No doubt. Without a doubt. We don't need a poll to determine that. COUNCILMAN ORLANDO: The DEC has told us that they are eating so healthy at Albert's farm that they are having triplets and twins. I am kidding about the Albert part but he said they are having triplets and twins, twice a year. SUPERVISOR RUSSELL: Yes, now you are seeing them give birth to three and that's the sign of a very healthy population with an ample food supply. COUNCILMAN KRUPSKI: So the solution is, please, try the venison. SUPERVISOR RUSSELL: No, I was going to say don't turn away from the deer, tum into the deer and take the thing out with your Buick. COUNCILMAN TALBOT: But one thing Albert mentioned that's anybody in the public that would like a deer, we have them down in the freezer in Peconic on Peconic Lane there and before we drop them off, anybody can take them and have them butchered themselves, it was in the number of $65 and you can get between 50 and 100 pounds of meat depending on the size of the deer. And it is free to the public, if they want to take it, they can come down there and take one from us. COUNCILMAN KRUPSKI: And it is good, healthy low fat meat. COUNCILMAN TALBOT: Yes. And the more that is taken here, the less that is transported up and the more room there is in the freezer. MR. SCHWARTZ: And I am sure the town can provide some recipes. COUNCILMAN KRUPSKI: Absolutely. MR. SCHWARTZ: But the town, other than promoting hunting and not that there is anything wrong with that, maybe there is but I am not going to debate that here tonight but promoting hunting and permitting deer fencing, is the town doing anything else considering the fact that the problem seems to be getting worse, are we upping our efforts or... COUNCILMAN KRUPSKI: Our options are really limited to a species that has adapted so well to living with people. November 22, 2011 Page 46 Southold Town Board Meeting Minutes COUNCILMAN ORLANDO: It has no natural predator here. COUNCILMAN TALBOT: Well, the deer committee has also had the discussion about opening up the hunting on the land that is owned by the county and the town. SUPERVISOR RUSSELL: Yes, expanding the hunt has been, that is a work in progress. The hunt gets more productive every year. We never suggested that the hunt itself was going to solve the deer problem, it is merely one effort. It is a large problem and greater minds than ours need to help us figure this out. This notion of being able to plant things that the deer don't eat just is naive. They eat anything, including poison ivy when they are hungry enough. And that has been tried. We have had forums, public forums out in East Marion where someone who is a wildlife biologist spoke to the issue on the unlikeliness of finding a plant that the deer won't eat. Also, on top of that, farmers have to plant what they can sell and given the diversity of agriculture and it being more of a year round operation now, it provides more ample opportunity for the deer to feed. Nursery container stock operations are our biggest agricultural producer out here. They just simply can't grow things that the dem' won't eat, they have to grow things that are marketable. So that makes it very difficult, with ornamentals and nursery container stock and all of those things. We are trying everything we can. MR. SCHWARTZ: Well, we are shooting arrows and maybe that is good. I assume you are aware of the research that shows that reduction of anything less than 50 percent of the population probably actually has an accelerating effect on the growth, population growth. COUNCILMAN KRUPSKI: The only thing that is going to effectively manage the population, like any other natural resource, is if you put a price on it. And if New York State allows for the sale of venison, you would immediately see a reduction in the herd that would be significant. Other than that, if you can't provide, you know, the hunters are out th ere, it is very expensive to hunt, the arrows themselves are $10 a piece, it's not, but if you could sell the venison, then you would change the whole dynamic in deer management because there is a great market for venison out there and the dem. problem would go away. You would never eliminate the deer but you would .... MR. SCHWARTZ: I think that is a good idea. and I think that would really make the whole hunting strategy more effective .... COUNCILMAN KRUPSKI: It sure would. MR. SCHWARTZ: But I disagree that there is no such thing as a deer resistant plant or a deer candy plant. I think that has been pretty well established that those things, that certain types of landscaping tend to supply the deer population with more food and other types like the kind of landscaping that was here before people could never support the dem. population numbers that currently exist can only be supported by eating off of our farms and our backyards. But I think the town could do something to help people find, explore other ways of deer control. In addition to, a related problem is the tick problem and I don't want to take up much more of your time but I would like to mention you know, two things. Once you get a tick bite and it is in you, my own November 22,2011 Page 47 Southold Town Board Meeting Minutes personal idea is to put some triple antibiotic cream right on the bite when you pull the tick off. They say people should know now that you don't necessarily have to take 10 days of antibiotics, two or three days of strong dose of antibiotic should be sufficient to protect you from Lyme's. To avoid Lyme's entirely, there is a local business here that is selling cedar oil and I love cedar chests, I love cedar trees. This cedar oil is the most effective tick, it also works on fleas. It kills them... SUPERVISOR RUSSELL: I do want to compliment you on this scientific experiment. Your ability to shrink an audience in an ever expanding universe astounds me. MR. SCHWARTZ: Well, the other day some of the hair from the dogs was put into a garbage can and when I opened up the garbage can it was full of fleas. Sprayed in one spray of this cedar oil and immediately they, when I put this cedar oil on a tick, boom. It is dead. That doesn't happen with the commercial, even the DET and all of that, it still squirms around for a little while. So I think it is an all natural substance that can be used to, you spray it on before you go outdoors. COUNCILMAN ORLANDO: And you smell good. MR. SCHWARTZ: And you smell great. Thank you. SUPERVISOR RUSSELL: Would anybody else like to comment on any item? COUNCILMAN TALBOT: I would like to make one last comment and this is in regards kind of on the community development stuff, but on December 3, coming up you have Pack 39 in Mattituck is going to be holding their annual food drive and this year they are going to actually do, they usually fill up quite a few pickup trucks full, they are going to try to fill a bus this year. And they donate all of this food out to the public and the different groups. So December 3, King Kullen in Cutchogue between 9:30 and 3:30 in the afternoon. COUNCILMAN ORLANDO: That is a Saturday? COUNCILMAN TALBOT: Yes, that is correct. Supervisor Russell SUPERVISOR RUSSELL: Would anybody else like to comment? Oh, yes if there is anybody left watching, I would ask anybody that has any interest in alternative and renewable energies to please submit your name to the town if you would like to be part of our committee. There is a lot of good things that are happening now. We are making progress every day at basically bringing new technology online, updating our energy efficiencies and we are asking for people with an interest that want serve on the committee to please feel free to come forward, so we can include your efforts along with the rest of a very good committee. Thank you. Motion To: Adjourn Town Board Meeting November 22, 2011 Southold Town Board Meeting Minutes Page 48 RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 6:05 P.M. Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: Scott Russell, Supervisor AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell