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HomeMy WebLinkAboutTB-01/31/2012ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631 ) 765-6145 Telephone: (63 l) 765 - 1800 southoldtown.north fork.net MINUTES January 31, 2012 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, January 31, 2012 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 January 31, 2012 at Meeting Hall, 53095 Route 25, Southold, NY. I. Reports North Fork Animal Welfare League Island Group Claim Lag II. Public Notices 1. NYS Liquor License Renewals 2. Issued Permit by Army Corps of Engineers III. Communications IV. Discussion 1. 9:30 AM - Phillip Beltz, Donald Wilcenski, Heather Lanza, Mark Terry 2. 9:45 AM - Donald Wilcenski, Heather Lanza, Mark Terry. 3. 10:00 AM - Fishers Island Issues - Jeff Standish 4. Code Enforcement Issues, General Discussion 5. Damaged and Vacated Telephone Poles Update 6. Code Committee 7. Appointment of Trustee to Suffolk County Parks 8. 13200 Main Road Corp Sanitary Flow Credit Application 9. Trailer Permit Application 10. Vehicle for Supervisor 11. Candidate for CAC 12. LL/MS4 Amendments - Comments from Public Meeting and PH Tonight 13. Home Rule Requests (1) January 31, 2012 Page 2 Southold Town Board Meeting Minutes 14. Executive Session - 12:00 Noon - Melissa Spiro 15. Executive Session- Litigation 16. Labor Pled~,e to the Fla~, Opening Comments Moment of Silence for Jack Sherwood SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance to the Flag. Thank you. Before you sit down, I just want to ask everybody for a moment of silence for John Shipman Sherwood, otherwise known as Jack Sherwood who worked for this town for many years. A veteran of World War II, injured at World War II at Iwo .lima..lust passed away last week and I just ask us all for a moment of silence. Thank you. If anybody is here for the hearing for the MS 4, we do have handouts, please feel frec to help yourself to. At this point, would anybody like to comment on any of the agenda items? (No response) V. Resolutions 2012-107 CA TE GOR Y: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated January 31~ 2012. Vote Record - Resolution RES-2012-107 [] Adopted [] Adopted as Amended [] Det~ated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter El [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Jill Doher~ Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr Voter {i~ [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's App! Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-108 CA TE GOR Y: DEPARTMENT: Set Meeting Town Clerk Set Next Meeting 2/14/12 7.'30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held~ Tuesday~ February 14~ 2012 at the Southold Town Hali~ Southold~ New York at 7:30 P. M.. January 31, 2012 Page 3 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2012-108 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ru[a~d Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Jill Doher~ Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr Voter [] [] [] [] [] Rescinded Louisa P Evans Initiator [] [] [] [] El Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-110 Tabled 1/17/2012 7.'30 PM CA TEGOR Y: Ratify Fishers Island Reso. DEPARTMENT: Fishers Island Ferry District FIFD Rental Property Rate Increase Schedule RESOLVED the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated December 20, 2011 approving the rental property rate increase schedule as proposed by Mr. Wyrofsky. Vote Record - Resolution RES-2012-110 [] Adopted [] Adopted ~s Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulgld Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doheny Initiator [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scotl Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-111 Tabled 1/17/2012 7.'30 PM CA TEGOR Y: Budget Modification DEPARTMENT: Public Works Cochran Park - Roller Hockey Rink Improvements Fiscal Impact: Re-authorization of Park & Playground funds for work done at the Cochran Park Roller Hockey Rink. This project budget lapsed in 2010 due to issues and concerns about the small bubbles that appeared on the rink surface and the Town Engineer and DPW did not want to authorize payment until these concerns were addressed by the contractor, JB Asphalt Sealcoating RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Whole Town budget as follows: January 31, 2012 Page 4 Southold Town Board Meeting Minutes Revenues: A.2025.00 Appropriations: A. 1620.2.500.825 Special Recreation Facilities Park & Playground Cochran Park Roller Hockey Rink Improvements $16,500 $16,500 ,/Vote Record - Resolution RES-2012-11 I [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rultlld Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr Seconder [] [] [] [] [] Rescinded Louisa P Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] F1 [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 111 COUNCILMAN TALBOT: I just want to comment on that, I had some issues with this and after listening to the DPW head, we are going to go to a contract for 5 years with JBS asphalt and they will take care of any issues, so I approve it as well. SUPERVISOR RUSSELL: Thank you, Chris, by the way. 2012-112 Tabled 1/17/2012 7.'30 PM CA TEGOR Y: Employment - Town DEPARTMENT: Accounting Acknowledges the Retirement of George Peabody Jr. RESOLVED that the Town Board of the Town of Southold hereby acknowledges the retirement of George E. Peabody Jr. from the position of Pumpout Boat Operator for the Trustees effective January 24, 2012. Vote Record - Resolution RES-2012-112 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rula~d Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] 12 [] [] [] Town Clerk's Appt Scott Russell Voter [] [] F1 [] Fl Supt Hgwys Appt [] No Action January 31, 2012 Page 5 Southold Town Board Meeting Minutes 2012-113 CATEGOR~ DEPARTMEN~ Strawberry Fields Recreation Strawberry Fields - Strawberry Festival RESOLVED that the Town Board of the Town of Southold does hereby grant permission to the Mattituck Lions Club to use Strawberry Fields in Mattituck from June 10 - 19, 2012 for the annual strawberry festival. Applicant must file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold and Suffolk County as additional insured. Vote Record - Resolution RES-2012-113 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher lalbot Seconder [] [] [] [] [] Supervisor's Appt Jill Doher~ Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr Voter [] [] [] I-I [] Rescinded Louisa P Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-114 CA TE GOR Y: DEPA R TMEN T: Property Usage Recreation Relay for Life Event RESOLVED that the Town Board of the Town of Southold does hereby grant permission to the American Cancer Society to use all of Jean Cochran Park for their Relay for Life event on June 2 & 3; from 8:00 a.m. on June 2 - 10:00 a.m. on June 3. This is an overnight event. Applicant must file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as additional insured. Vote Record - Resolution RES-2012-114 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] 'Fabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Jill Doheny Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr Voter [] [] [] [] [] Rescinded Louisa P Evans Seconder [] [] [] [] [] Town Clerk's Appt Scoil Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-115 CA TE GOR Y: DEPARTMENT: Property Usage Recreation January 31, 2012 Page 6 Southold Town Board Meeting Minutes Southold High School - Use of Town Facilities RESOLVED that the Town Board of the Town of Southold hereby grants permission to Southold High School to use 6 tennis courts at Tasker & Jean Cochran parks for varsity matches for a total of 12 days beginning March 21 and ending on May 4~ dates to be coordinated with the Southold Town Recreation Department. The applicant must file with the Town Clerk's Office a One Million Dollar Certificate of Insurance naming the Town of Southold as additional insured, subject to the approval of the Town Attorney. RESOLVED that the Town Board of the Town of Southold hereby grants permission to Southoid High School to use the lit ballfield at Cochran Park on Friday~ April 27 from 6:00 - 10:00 p.m. for a boys varsi~, baseball game. The applicant must file with the Town Clerk's Office a One Million Dollar Certificate of Insurance naming the Town of Southold as additional insured, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2012-115 [] Adopted [] Adopted as Amended FI Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Initiator [] [] [3 [] [] Tax Receiver's Appt Albert Krupski Jr Voter [] [] [] [] [] Rescinded Louisa P Evans Voter [] FI [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-116 CA TE GOR Y: DEPARTMENT: Employment - FIFD Accounting Amend Resolution No. 2012-98 RESOLVED that the Town Board of the Town of Southold amends Resolution No. 2012-98 adopted January 17, 2012 to read as follows: WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their January 10, 2012 to change the status of Debra Silva from permanent, part- time clerk to part-time call in clerk effective November 30, 2011, and hire Melissa R. Cochrane as a permanent, part-time clerk, retroactive to December 21,2011 at a rate of $11.88 per hour, and WHEREAS the Town Board of the Town of Southold is required to approve appointments and resignations of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby changes the status of Debra Silva from permanent, part-time clerk to part-time call in clerk effective November 30, 2011, and January 31, 2012 Page 7 Southold Town Board Meeting Minutes hires Melissa R. Cochrane as a permanent, part-time clerk, retroactive to December 21, 2011 at a rate of$11.88 per hour. Vote Record - Resolution RES-2012-116 gn Adopted [] Adopted ~s Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator I~ [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-117 CA TEGOR Y: Refund DEPARTMENT: Town Clerk Re fund for Commercial Contractor Permit RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $120.00 to Burt's Reliable Inc. for the purchase of a Commercial Contractor disposal permit purchased in error. Vote Record - Resolution RES-2012-117 I~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruled Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supetvisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr Initiator [] [] [] [] [] Rescinded Louisa P Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-118 CA TEGOR Y: DEPARTMENT: Attend Seminar Town Attorney Grants Permission to Town Attorney, Martin D, Finnegan, and Assistant Town Attorney, dennifer Andaloro, to Attend the Seminar Entitled "Law in the Workplace Conference 2012" al the SCBA Center in Hauppauge, New York, on February 10, 2012 RESOLVED that the Town Board of the Town of Southold hereby ~,rants oermission to Town Attorne¥~ Martin D. Finnegan~ and Assistant Town Attorne¥~ Jennifer Andaloro~ to attend the seminar entitled "Law in the Workplace Conference 2012" at the SCBA Center in Hauooam,e~ New York, on February 10, 2012. All expenses for registration and travel are to be a charge to the 2012 Town Attorney budget. January 31, 2012 Page 8 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2012-118 [] Adopted [] Adopted as Amended I23 Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Jill Dohcr~ Voter 1~ [] [] [] [] Tax Receiver's Appt Albert Krupski Jr Voter [] [] [] [] Rescinded Louisa P Evans Initiator ~ [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appl [] No Action 2012-119 CA TE GO R Y: DEPA R TMENT: Budget Modification Police Dept Budget Modification- Police Department Fiscal Impact: Donation received by the Police Department to be put towards the Office Equipment/Chairs budget line. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General Fund Whole Town budget as follows: To: Revenues: A.2705.40 Gifts & Donations $500 To: Appropriations: A,3120.2.200.200 Office Equipment/Chairs $500 Vote Record - Resolution RES-2012-119 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter I~1 [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Jill Doherty Seconder [] [] [] [] [] Tax Receiver's Appl Albert Krupski Jr Voter [] [] [] [] [] Rescinded Louisa P Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-120 CA TEGOR Y: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission for the Event Power to HoM B's "14Th Annual Mighty North Fork Triathlon" January 31, 2012 Page 9 Southold Town Board Meeting Minutes Fiscal Impact: Total police Department Cost for Event = $589.66 RESOLVED that the Town Board of the Town of Southold hereby grants nermission for the Event Power to hold it's "14th Annual Mighty North Fork Triathlon", at Cedar Beach Park, Southold, New York, on Sunday~ July 8, 2012 using the following roads: Cedar Beach Road Jacobs Lane Harbor Light Road Dayton Road Baywater Avenue Nokomis Road Watersedge Way Provided: 1. Paradise Point Road N. Bayview Road Windjammer Drive North Parish Drive South Harbor Minnihaha Blvd. Rambler Road Main Bay'view Road Brigantine Drive Anchor Lane Pine Neck Road Hiawathas Path Longview Lane They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; a $100 filing fee; a remuneration fee of $590.00 for traffic control; $500.00 deposit for clean-up (deposit to be returned after event upon recommendation of Chief Flatley, Southold Town Police Department); 2. Make every effort to control noise; 3. Comply with Chapter 205 of the Southold Town Code to notify neighbors in advance of event; 4. Secure permission from Suffolk County Parks, Recreation and Conservation for their use of Cedar Beach Park facility. 5. Coordinate traffic control upon notification of the adoption of this resolution with Chief Flatley 6. No permanent markings be placed on town, county or state roads or property for the event; 7. Any road markings or signs for the event be removed within twenty-four (24) hours of the completion of the event. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. Vote Record - Resolution RES-2012-120 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulaqd Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] El [] [] Supervisor's Appt Jill Doheny Initiator [] [] [] [] [] Tax Receiver's Appt Alberl Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-121 CATEGOR~ DEPARTMENT: Close/Use Town Roads Town Clerk January 31, 2012 Page 10 Southold Town Board Meeting Minutes Grant Permission to New York Organ Donor Network (NYODN) to Hold a 35 Mile North Shore Bike Tour Fiscal Impact: Total Police Department cost for this event = $15.83 RESOLVED that the Town Board of the Town of Southold hereby grants permission to New York Organ Donor Network (NYODN) to hold a 35 mile North Shore Bike Tour fundraiser to begin at Osprey Dominion Winery in Peconic, ride to Orient Point and back to the winery on Sunday~ May 20~ 2012 beginning at 9:00 AM, Provided: 1. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured 2. Contact Chief Flatley upon receipt of the approval of this resolution to coordinate traffic control. 3. No permanent markings be placed on town, county or state roads or property for the event 4. Any road markings or signs for the event be removed within twenty-four (24) hours of the completion of the event. All fees shall be waived. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. Vote Record - Resolution RES-2012-121 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruled Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Secondcr [] [] [] [] [] Rescinded Louisa P Evans Voter [] [] [] [] [] Town Clerk's Appt Scoit Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-122 CA TE GO R Y: DEPARTMENT: Bid Acceptance Public Works DPW Truck RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Mullen Motors Inc. to supply the Town of Southold Department of Public Works with a 2012 2500 Series Dodge Ram 4X4 in the amount of $29,395, all in accordance with the approval of the Town Attorney. January 31, 2012 Page 11 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2012-122 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulaqd Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Jill Doheny Voter [] [] [] [] [] Rescinded Albert Krupski Jr. Initiator [] Fl [] [] [] Town Clerk's Appt Louisa P. Evans Voter [] [] [] [] [] Supt Hgwys Appt Scott Russell Voter El [] [] [] [] No Action Next: Feb 14, 2012 7:30 PM 2012-123 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Public Works 2012 Shellfish Program Fiscal Impact: Agreement with Cornell Cooperative Extension in connection with the Town of Southold's Shellfish Program, located at the Cornell Cooperative Extension Hatchery, at Cedar Beach, SouthoM RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement with Cornell Cooperative Extension: in connection with 2012 Southold Town Shellfish Program~ in the amount of $20,000, for the term January 1, 2012 through December 31, 2012, all in accordance with the approval of the Town Attorney. Vote Record - Resolution RES-2012-123 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulmd Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr Voter [] [] [] [] [] Rescinded Louisa P Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] El [] [] [] Supt Hgwys Appt [] No Action 2012-124 CA TE GOR Y: DEPARTMENT: Contracts, Lease & Agreements Community Development 2012 Youth Services Program Fiscal Impact: SouthoM Youth Services Program, funded in part by a grant from the Suffolk County Youth Bureau, for 2012. January 31, 2012 Page 12 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby authorizes and direets Supervisor Scott A. Russell to execute an Agreement with Family Service League of Suffolk County in connection with the 2012 Southold Youth Services Program in the amount of $33,000 for the term January 1, 2012 through December 31, 2012, this program is funded in part by a grant from the Suffolk County Youth Bureau, all in accordance with the approval of the Town Attorney. Vote Record - Resolution RES-2012-124 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] FI [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-125 CA TE GOR Y: DEPARTMENT: Grants Land Preservation Pipe Cove Grant with NYS Park~, Rec & Hist Pres RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Supervisor Scott A. Russell, to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993, in an amount not to exceed $389,341.00, and upon approval of said request, to enter into and execute a project agreement with the State for such financial assistance to the Town of Southold for the Pipes Cove Project and, if appropriate, a conservation easement/preservation covenant to the deed of the assisted property. Vote Record - Resolution RES-2012-125 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled Wil[iam Rulmd Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doher~ Initiator [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [3 Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-126 CA TE GO R Y: DEPARTMENT: Budget Modification Police Dept Budget Modification - Police Department January 31, 2012 Page 13 Southold Town Board Meeting Minutes Fiscal Impact: To appropriate funds to cover an over expended budget line for marine vehicle maintenance and for uniform cleaning for the police officers. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Whole Town budget as follows: From: A.3130.4.400.600 To: A.3130.4.400.650 A.3120.4.400.400 Bay Constable, C.E. Buoy Maintenance $734 Total $734 Bay Constable, C.E. Vehicle Maintenance & Repairs $730 Police Laundry & Dry Cleaning $~4 Total $734 Vote Record - Resolution RES-2012-126 [~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator ~ [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doher0j Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr Seconder [] [] [] [] [] Rescinded Louisa P Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] FI [] Supt Hgwys Appt [] No Action 2012-127 CA TE G O R Y: DEPARTMENT: Committee Appointment Town Clerk Appoint Nydia Port#lo to ABTF RESOLVED the Town Board of the Town of Southold hereby appoints Nydia Portillo as a member of the Southold Town Anti-Bias Task Force effective immediately through March 31, 2014 to fill a vacancy created by a resignation. January 31, 2012 Page 14 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2012-127 [] Adopted [] Adopted ~s Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruled Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter ii] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] [] [] Rescinded Louisa P Evans Voter Ii] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-128 CA TE GOR Y: Grants DEPARTMENT: Town Clerk LGRM1F 2012-2013 GIS Grant Application Fiscal Impact: The Town is applying to the NYSED for 2012-2013 LGRMIF funding to implement the GIS Needs Assessment previously funded by the LGRMIF. RESOLVED the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Local Government Records Management Information Fund (LGRMIF) Active Records Shared Services Grant Application for the 2012-2013 grant cycle between the Town of Southold as lead agency and the Village of Greenport (participant) for an Enterprise Geographical Information System (GIS) to the New York State Education Department, New York State Archives and Records Administration. Vote Record - Resolution RES-2012-128 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] 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 2012-129 CA TE GOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Clerk Inter,Municipal Agreement for Records Management Fiscal Impacl: This a new grant category for 2012-2013 NYSED LGRMIF grant applications which the Town and Village are applying under this year. The State would like to see the resolution in the spirit of cooperation. The agreement will be forth coming during the year. January 31, 2012 Page 15 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Inter-Municipal Agreement for Records Management Shared Services between the Town of Southold with the Village of Greenport, all in accordance with the approval of the Town Attorney. Vote Record - Resolution RES-2012-129 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rula~d Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Jill Doherly Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-130 CA TE GO R Y: DEPARTMENT: Budget Modification Public Works 2011 Budget Modification - DPW Fiscal Impact: to cover over-expended appropriation lines for 2011 RESOLVED that the Town Board of the Town of Southold herby modifies the General Fund Whole Town 2011 budget as follows: To: Appropriations A.1620.1.100.200 A. 1620.4.200.200 A. 1620.4.600.700 A.5182.4.100.200 A.5182.4.100.550 A.1490.1.100.100 From: Appropriations A. 1620.4.400.100 Building & Grounds, P.S. Overtime Earnings $5,044.00 Buildings & Grounds, C.E. Light & Power 767.00 Buildings & Grounds, C.E. Licenses & Permits 1,008.00 Street Lighting Gasoline & Oil 564.00 Street Lighting Street Lights Part/Supplies 905.00 Public Works Admin., P.S. Regular Eamings 24.00 $8,312.00 Building & Grounds, C.E. January 31,2012 Page 16 Southold Town Board Meeting Minutes A.1620.4.100.100 Building Maint/Repairs Building & Grounds, C.E. Miscellaneous Supplies $4,156.00 4,156.00 $8,312.00 Vote Record - Resolution RES-2012-130 El Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulmd Seconder El [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Initiator [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-131 CA TE GOR Y: DEPARTMENT: Budget Modification Budget Modification Planning Board Fiscal Impact: address overdrawn budget line RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund~ Whole Town budget as follows: From.'. B8020.4.100.100 Office Supplies $1.00 To.' B8020.1.200.100 Personal Services $1.00 Part Time Regular Earnings Vote Record - Resolution RES-2012-131 [] Adopted [] Adopted ~s Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherly Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr Seconder RI [] [] [] [] Rescinded Louisa P Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-132 January 31, 2012 Page 17 Southold Town Board Meeting Minutes CA TEGOR Y: DEPA R TMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Agreement Between dB's Asphalt Sealcoating and the Town of Southold in Connection with Maintenance Work at the Roller Hockey Rink at Jean Cochran Park RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between JB's Asphalt Sealcoating and the Town of Southold in connection with maintenance work at the Roller Hockey Rink at Jean Cochran Park, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2012-132 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulmd Seconder [] [] [3 [] [] Withdrawn Christopher Talbot Voter [] [] [] [] Supervisor's Appt Jill Doherly Voter [] [] [] [] [] Tax Receivers Appt Albert Krupski Jr. Initiator [] [3 [] [] [] Rescinded Louisa P, Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-133 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Open Space Conservation Easement and All Other Necessary Documents to Effectuate Same Between Patrick Guadagno and the Town of SouthoM RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Open Space Conservation Easement and all other necessary documents to effectuate same between Patrick Guadagno and the Town of Southold, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2012-133 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruled Voter I~ [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Jill Doher~ Voter [] [] [] [] [] 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 2012-134 January 31, 2012 Page 18 Southold Town Board Meeting Minutes CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attomey Authorizes and Directs Supervisor Scott ,,t. Russell to Execute the lntermunicipal Agreement Between the Town of SouthoM and the Suffolk County Department of Public Works in Connection with Maintenance Responsibilities for Town Roads Previously Pledged into the County Road System RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Intermunieipal Agreement between the Town of Southold and the Suffolk County Department of Public Works in connection with maintenance responsibilities for Town roads previously pledged into the County Road System, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2012-134 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruled Seconder [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisot's Appt Jill Doheriy 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 2012-135 CA TEGOR Y: DEPARTMENT: SWMD Budget Mod Budget Modification Solid Waste Management District Fiscal Impact: Shift Admin. overtime authorization to vacation authorization. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Solid Waste Management District budget as follows: From: SR 1490.1.100.200 Administrative Overtime Earnings To: SR 1490.1.100.300 Administrative Vacation Earnings $ 2,600 $ 2,6OO January 31, 2012 Page 19 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2012-135 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulmnd Seconder ~l [] [] [] [] Withdrawn Christopher Talbot Voter [] [] 13 [] [] Supervisor's Appt Jill Doherty Indiator [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr Voter [] [] [] [] [] Rescinded Louisa P Evans Voter [] [] [] [] [] Town Clerk's Appt Scotl Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-136 CA TE GOR Y: Budget Modification DEPARTMENT: Accounting Budget Modification 2011 Employee Health Plan Fiscal Impact: Appropriate an insurance recovery for several claims RESOLVED that the Town Board of the Town of Southold hereby increases the 2011 Employee Health Benefit Plan budget as follows: Revenues: MS.2680.00 Insurance Recoveries Appropriations: MS.9060.8.000.000 Medical Benefits $993,688 $993,688 Vote Record - Resolution RES-2012-136 [] Adopted [] Adopted ~s Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruled Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] FI [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-137 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the lntermunicipal Agreement Between the Town of Southold and the Town of Brookharven Relating to Disposal of Recyclables by SouthoM Town at the Brookhaven Landfill Complex January 31, 2012 Page 20 Southold Town Board Meeting Minntes RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the lntermunicipal Agreement between the Town of Southold and the Town of Brookhaven relating to disposal of recyclables by Southold Town at the Brookhaven Landfill Complex, at no cost to the Town, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2012-137 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulmd Seconder gl [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supe~visor's Appt Jill Doher~/ Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr Initiator [] [] [] [] [] Rescinded Louisa P Evans Voter [] [] [] [] [] Town Clerk's Appt Scotl Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-138 CATEGOR~ DEPARTMEND Authorize to Bid Town Clerk Advertise for Lubricant Bid RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for supplying Lubricants for a period from March 1~ 2012 to February 28~ 2013. * Vote Record - Resolution RES-2012-138 [~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ru}md Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr Voter [] [] [] [] lq Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] Supt Hgwys Appt [] No Action 2012-139 CA TEGORY: Employment - Town DEPARTMENT: Accounting Appoints Vickie Defriesl to Tax Cashier RESOLVED that the Town Board of the Town of Southold hereby appoints Vickie Defriest to the position of a Tax Cashier for the Tax Receivers' Office effective February 1, 2012, at a rate of $18.55 per hour. January 31,2012 Page 21 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2012-139 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] 13 Supcrvisor's Appt Jill Doherty Voter [] [] [3 [] VI Tax Receiver's Appt Albert Krupski Jr. Voter ~ [] [] [] [] Rescinded Louisa P Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-140 CATEGORH DEPARTMEN~ Employment - Town Accounting Appoint Sabrina Born to Tax Cashier RESOLVED that the Town Board of the Town of Southold hereby appoints Sabrina M. Born to the position ora Tax Cashier for the Tax Receivers' Office effective February 1, 2012, at a rate of $16.56 per hour. Vote Record - Resolution RES-2012-140 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulmd Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doheny Initiator [] [] [] [] [] 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 2012-141 C.4 TE GOR H DEPARTMENT: Budget Modification Accounting Create Capital Budget for Personal Computers, Laptops, and Printers Fiscal Impact: Formally create project in 2012 Capital Budget for personal computers, laptops and printers WHEREAS the Town Board of the Town of Southold adopted a 2012 Capital Budget which includes a $7,500 appropriation for Personal Computers, Laptops and Printers and WHEREAS the Town's Capital Budgeting process requires a resolution to formally establish a Capital Budget item in the Capital Fund, now therefore be it January 31, 2012 Page 22 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Proiect in the 2012 Capital Fund: Capital Pro,iect Name: Personal Computers Financing Method: Transfer from General Fund Whole Town Budget: Revenues: H.5031.35 Appropriations: H. 1680.2.600.100 Interfund Transfers Central Data Processing Capital Outlay Workstations & Printers $7,500 $7,500 Vote Record - Resolution RES-2012-141 [] Adopted [] Adopted os Amended [] Defeated Yes/Aye No/Nay Abstain Absent U1 Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doher~ Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Initiator [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-142 CA TEGORY: Employment - Town DEPARTMENT: Accounting Appoint Rosina Suglia to PT Tax Cashier WHEREAS the Suffolk County Department of Civil Service has advised the Town of Southold that a provisional Tax Cashier may work no more than 17.5 hours per week, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby amends the appointment of Rosina Snglia to the position of a Part Time Tax Cashier for the Tax Receivers' Office effective February 1, 2012, at a rate of $18.95 per hour, not to exceed 17.5 hours per week. Vote Record - Resolution RES-2012-142 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doher~y Seconder [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr Initiator [] [] [] [] [] Rescinded Louisa P Evans Voter [] [] [3 [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action January 31, 2012 Page 23 Southold Town Board Meeting Minutes 2012-143 CATEGORY: D EPA R TMEN T: Employment - Town Accounting Appoint Dorothy Chituk to PT Tax Cashier WHEREAS the Suffolk County Department of Civil Service has advised the Town of Southold that a provisional Tax Cashier may not exceed annual earnings in 2012 of $7534.80, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby amends the appointment of Dorothy Chituk to the position of a Part Time Tax Cashier for the Tax Receivers' Office effective February 1, 2012, at a rate of $18.83 per hour, not to exceed annual earnings in 2012 of $7534.80. Vote Record - Resolution RES-2012-143 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulald Voter [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P Evans Initiator [] [] [] [] [] Town Clerk's Appt Scotl Russell Voter [] [] 12 [] [] Supt Hgwys Appt [] No Action 2012-144 CA TE GO R Y: DEPARTMENT: Sanitary Flow Credits Town Attomey Authorizes and Directs the Town Clerk to Forward the Application for Transfer of Sanitary Flow Credits Filed by 13200 Main Road Corp. to the Planning Board and Chief Building Inspector RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to forward the Application for transfer of sanitary flow credits filed by 13200 Main Road Corp. to the Planning Board and Chief Building Inspeetor~ to prepare official reports regarding the proposed transfer pursuant to Section 117-7(C) of the Town Code. Vote Record - Resolution RES-2012-144 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Jill Dohcrty Voter [] [] [] [] D Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action January 31, 2012 Page 24 Southold Town Board Meeting Minutes 2012-145 CA TE GOR Y: DEPA R TMENT: Litigation Town Attorney Retains Frank A. Islet, Esq. as Special Counsel in the Supreme Court, Suffolk County Civil Action Entitled "Village of Greenport k~ New York State Department of Environmental Conservation, Et Al." Index No. 12-00209 RESOLVED that the Town Board of the Town of Southold hereby retains Frank A. Isler~ Esq. as Special Counsel in the Supreme Courh Suffolk County civil action entitled "Village of Greenport v. New York State Department of Environmental Conservation~ et al." Index No. 12-00209. Vote Record - Resolution RES-2012-145 [] Adopted 13 Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] Supervisor's Appt Jill Doher~ Initiator [] [] [] [] [] 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 2012-146 CA TEGOR Y: DEPARTMENT: Property Usage Town Attorney Ratifies and Approves the Resolution of the Fishers' Island Ferry District Board of Commissioners Dated December 20, 2011 Approving the Rental Property Rate Increase Schedule as Proposed by Mr. Wyrofsky and Approves the Following Rents for the Town Properties Managed by the Fishers Island Ferry District for the Term January 1, 2012 through December 31, 2012 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated December 20~ 2011 approving the rental property rate increase schedule as proposed by Mr. Wyrofsky, and approves the following rents for the Town properties managed by the Fishers Island Ferry District for the term January 1,2012 through December 31, 2012: LESSEES RENTAL PROPERTY 2012 DESCRIPTION RENT Harolds Office space--Building #209 $408.75 Island Gardiners Office space--Building #209 and $362.19 outside storage January 31, 2012 Page 25 Southold Town Board Meeting Minutes Paul Job Bill Faulkner Island Fuel (Propane) Bruce Hubert Race Rock Steve Malinowski Z&S Town Justice Evergreen Landscapes Laurie Finan Pierce Rafferty NY State Police Nina Schmid Building #383--West side $335.55 Building #383--East side $420.00 Cinderblock building by airport and $166.20 open space Administration building at the airport $720.94 and second floor Mosquito Hollow, buildings and areas $1,695.00 3 open bunkers (600 SQ FT) Mosqu $78.60 Holl Open area across from parking $322.82 Coast Guard Building--Office N/A Open area behind Bldg. 209 $105.15 Office space--CG Building Office space--CG Building Building # 239--Whistler Ave. Building # 240--Whistler Ave. $221.47 $292.50 N/A $680.00 Vote Record - Resolution RES-2012-146 [] Adopted [] Adopted as Amended [] Del;eared Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Dohcrly Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scotl Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Public Hearings Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearing. RESULT: ADOPTED ~UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell LL/MS4 Set PH 1/31/12 ~ 4:32 PM History: 01/31/12 Town Board ADJOURNED RESULT: ADJOURNED [UNANIMOUS] MOVER: Christopher Talbot, Councilman Next: 02/14/12 Next: 2/14/2012 7:30 PM January 31, 2012 Page 26 Southold Town Board Meeting Minutes SECONDER: Jill Doherty, Councilwoman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Councilman Christopher M. Talbot COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 17th day of January, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 236~ Stormwater Management". NOTICE 1S HERBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 31st day of January, 2012 at 4:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 236~ Stormwater Management" reads in part: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 236~ Stormwater Management". I. Chapter 236 of the Code of the Town of Southold is hereby amended as follows: ARTICLE I GENERAL PROVISIONS § 236-1. Title. This chapter shall be known as the" ~'~:"- ' " Stormwater ~ ......~, ~.~ r,, ....... c,^.,.~ ~ .... Management; Erosion & Sediment Control; and Illicit Discharges Law." § 236-2. Statutory authorization/and conflicts with other laws. A. Statutory Authorization This chapter is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through land use regulations intended to control flooding, erosion or sedimentation within the entire Town. T~. ..... : ......... :~: .... c B__: Conflict with Other Laws. In their interpretation and application, the provisions of this chapter shall be minimum requirements adopted for the promotion of the public health, safety and welfare. Arhenever the requirements of this chapter are at variance with the requirements of the New York State Department of Environmental Conservation SPDES General Permits for Construction Activities (GP-0-10-001) and for Stormwater Discharges from MS4s (GP-02-02), as amended or revised, and the corresponding regulations, the most restrictive or that imposing the highest standards shall govern. § 236-3. Findings of fact. It is hereby determined that: A. Land development activities and associated increases in site impervious cover often January 31,2012 Page 27 Southold Town Board Meeting Minutes alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, or sediment transport and deposition; Stormwater runoff contributes to increased quantities of water-borne pollutants, including siltation of aquatic habitat for fish and other desirable species and may adversely affect aquatic organisms through changes in temperature and salinity; Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat; Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff thereby increasing stream bank, shoreline and bluff erosion and sedimentation; Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream baseflow; Substantial economic losses can result from these adverse impacts on the waters of the Town; Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities; The regulation of stormwater runoff discharges from land development activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel, shoreline and bluff erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will minimize threats to public health and safety; and Regulation of land development activities by means of performance standards governing stormwater management and site design will produce development compatible with the natural functions of a particular site or an entire watershed and thereby mitigate the adverse effects of erosion and sedimentation from development. Illicit discharges threaten water quality through the introduction of toxic and hazardous substances. § 236-3 4. Purpose. It is the purpose of this chapter to promote and protect, to the gr-eates{ maximum extent practicable, the public health, safety and general welfare by: (i) establishing minimum stormwater management requirements and controls; (ii) regulating non-stormwater discharges to the municipal separate storm sewer system (MS4) to the maximum extent practicable as required by federal and state law; and (iii) establishing methods for controlling the introduction of pollutants into the MS4 in order to comply with requirements of the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for MS4. The objectives of this chapter are as follows: A. Minimizing soil erosion, sedimentation and stormwater runoff; B. Controlling, restricting or prohibiting activities which alter natural drainage systems, floodplains, stream channels and natural protective features, including, but not limited to, wetlands, bluffs, dunes, beaches, natural protective features, which contribute to the accommodation of floodwaters and retention of sediment; C. Controlling, restricting or prohibiting land use activities which increase nonpoint source pollution due to stormwater runoff, and/or which result in discharge onto public lands, January 31, 2012 Page 28 Southold Town Board Meeting Minutes neighboring properties or natural protective features; Assuring that land and water uses in the Town are designed and/or conducted using best- management practices to control flooding, stormwater runoff and minimize stormwater runoff from dischargine onto public lands, neighboring properties or natural protective features; Promoting the recharge of stormwater into the freshwater aquifer to protect the drinking water supply and minimize saltwater intrusion. Meet the requirements of minimum control measures 4 and 5 of the SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit no. GP-02-02 or as amended or revised; Require land development activities to conform to the substantive requirements of the NYS Department of Environmental Conservation SPDES General Permits for Construction Activities (GP-0-10-001) and for Stormwater Discharges from MS4s (GP- O- 10-002) or as amended or revised; Minimize increases in stormwater runoff from land development activities in order to reduce flooding, siltation, temperature fluctuations of surface waters of the State of New York, and streambank erosion and maintain the integrity of stream channels; Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality. Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable; Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, M~. N~. O~. wherever possible, through stormwater management practices and to ensure that these management practices are properly maintained and eliminate threats to public safety. To regulate the contribution of pollutants to the MS4 since such systems are not designed to accept, process or discharge non-stormwater wastes; To prohibit Illicit Connections, Activities and Discharges to the MS4; To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this Chapter; and To promote public awareness of the hazards involved in the improper discharge of trash, yard waste, lawn chemicals, pet waste, wastewater, grease, oil, petroleum products, cleaning products, paint products, hazardous waste, sediment and other pollutants into the MS4. The complete text of the proposed local law is available for review on the Southold Town's Website: southoldtown.northfork, net and copies are available at the Southold Town Clerk's office during regular business hours, Monday through Friday, 8:00 AM to 4:00 PM. A few things here, it was posted on the Town Clerk's bulletin board on January 19, 2012 and it was posted in the Suffolk Times on January 26, 2012. A letter from the LWRP coordinator, "The proposed local law has been reviewed to chapter 268, Waterfront Consistency review of the Town of Southold town code and the LWRP policy standards. Based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is consistent with the LWRP policy standards and therefore is consistent with the LWRP. Pursuant to chapter 268, the Town Board shall consider this recommendation in January 31, 2012 Page 29 Southold Town Board Meeting Minutes preparing its written determination regarding the consistency of the proposed action." I have a letter from the Planning Board, the chairman of the Planning Board Donald Wilcenski, "The Planning Board has reviewed the local law in relation to amendments to chapter 236, stormwater management and offers the following comments: 1. The Planning Board recommends that a stormwater management officer (SMO) be designated within the Planning Department to facilitate the processing of applications that do not require a lengthy review. The benefits of this proposal are: a. Planning Board staff currently reviews site plans and subdivisions for storm water best management practices making recommendations to the Planning Board. The recommendations are discussed with the Planning Board at length, capitalizing on their knowledge of the properties and proven practices. B. As a part of the LWRP review process, Planning Board staff also reviews Board of Trustees and Zoning Board of Appeals applications for storm water best management practices making specific recommendations to the boards on storm water controls. This process currently achieves the purpose of a SMO. C, The reviews in the early stages of the application process provide better guidance to applicants and add consistency to the permits issued by the discretionary boards as they move through multiple reviews. 2. Not all applications need to be sent out of office for review. The Planning Board feels that the experience of the members combined working with staff to approve a stormwater management control plan could improve review time frames for applications. In many situations, streamlined stormwater management control plans are sufficient. Applicant input at work session and meetings also could change the proposed best management practices required and it would be efficient to have the changes accepted or rejected by the Planning Board. The applications that are moderate to large in scale that require a full SWPPP would still require sending out to the town engineer. Recommended changes to specific code section, page 25, section 236-8, storm water management officer and authority. The designated stormwater management officers are the building inspector, plans reviewer, code enforcement officials, zoning inspector, town engineer, engineering inspector and a member of the planning staff. The stormwater management officers shall have the following authority: page 25, section 236-8 stormwater management officer and authority, A. to accept and review all stormwater pollution prevention plans and forward such plans to the applicable municipal board. The authority of the SMO changes the current referral process. It requires that SWPPP's should be submitted directly to a SMO then the SWPPP is sent to reviewing boards. Currently, the reviewing board accepts SWPPP's in the application process and refers to the office of the town engineer, SMO as outlined in section 236-17, application process. The planning board would like the current process to remain to achieve better record keeping in the files and manage response times. Please amend the proposed processes to be consistent." From the town engineers office, "My office has received a comment related to chapter 236, it was a contractors question related to final approval of a drainage installation. They wanted to know if final dimension locations (as- built) would be needed. Their concem is that when a homeowner calls them to maintain existing systems they usually need to dig up half the yard to find where it actually is. Their suggestion was that if as-built dimensions were recorded for final approval (similar to SCHD requirements) it would benefit everyone. There is no need for engineers or surveyors to certify the location. The contractor can just record the dimensions from at least two comers of the foundation or other fixed locations. I would agree with this assessment." James Richter, office of the Engineer, Town of Southold. And finally from Suffolk County Department of Planning, "Pursuant to the requirements of section A14-14 thru A14-25 of the Suffolk county administrative code, the January 31, 2012 Page 30 Southold Town Board Meeting Minutes above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county wide or inter community impact. A decision of local determination should not be construed as either an approval or disapproval. And that is from Sarah Lansdale, director of planning and Andrew Freleng, chief planner." And that is it. Supervisor Russell SUPERVISOR RUSSELL: Ray? Would anybody like to comment on this particular public hearing? Ray Huntington, rep Fleets Neck Property Owners Assoc RAY HUNTINGTON: Ray Huntington, Cutchogue. Speaking for the Fleets Neck property owners association. We have a few comments about MS 4 and this legislation. In particular the purpose, 26-3-4. Thc purpose of thc clean water act is to get full usc of thc surface waters, particularly the impaired water bodies. Let mc first say I don't mcan to, wc don't mcan to minimize thc work that has bccn put in here, it is excellent. The morass fostered upon us by the federal government has bccn well mirrored. However, we arc speaking from a more practical point of view. We should make it clear in the purpose that it is the water that counts, that is what we are really trying to change. Which the bureaucratic nature of the requiring legislation has the clear potential to direct resources towards the paper compliance effort ad infinitum. It also introduces a great opportunity for error in the sense of missing the point of the whole effort and the whole investment. That is we might forget that is the quality of the water that matters. Up front, it is necessary, I will just go into a couple of details beyond the purpose but it just seems obvious to us that we need to pay more than adequate attention to determining what the contaminants are. And reviewing all the literature that we have reviewed, nobody is quite sure what is wrong with the water. So, is it the water fowl that is doing it? Is it the wildlife, people, pets, what is it? There seems to be some more to go in that regard. We need to pay particular attention to the adequacy of the regulatory testing. Is the sampling done correctly, sufficiently, is the lab testing as required? Is the data reduced properly? All these things are bearing upon tremendous investments. And we really need to understand the problem before we throw money at it. I would like to see that reference included within the purpose, because the entire legislation is based upon how you run the machine. But some place we ought to explain why we are running the machine. That is the end of our statement for now. We would be happy to elaborate on any part of it as we go down stream here and we hope that it can be made practical and not just a paper exercise. SUPERVISOR RUSSELL: Thank you. COUNCILMAN KRUPSKI: Thank you. Although 1 guess we didn't really make it clear that it is not really our machine. MR. HUNTINGTON: Inaudible. COUNCILMAN KRUPSKI: You are right. That is what we are struggling with, trying to adopt EPA mandate coming through the DEC to the town level and we are struggling to fit it into the town system. January 31, 2012 Page 31 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this particular public hearing? Pat? Patrieia C. Moore, Attorney PAT MOORE: I actually want to commend Ray Huntington's comments because he really got to the heart of this, 1 guess my question is, what is your time frame? Have you been given a directive that this must be adopted by a certain date? COUNCILMAN KRUPSKI: March. MS. MOORE: March. COUNCILMAN KRUPSKI: I think March 9th. MS. MOORE: Okay. And failure to adopt, what happens? SUPERVISOR RUSSELL: Well, I think what you would see, it's a federal mandate that is enforced by the DEC. The DEC has full force and authority to levy fines for lack of compliance, pretty substantial fines I might add (inaudible) townships and municipalities that don't have this in place. MS. MOORE: Ray points out very appropriately that this is a huge, huge pile of legislation that really, there was an article in Newsday, I think it was, based on that one case where the DEC was criticized for not following through on NOI's. And one of the comments that was made in that article is that the conditions in the town are very different between Huntington and Southold. They actually mentioned Southold. And that is very true and it seems like we are adopting laws or these set of regulations that are kind of generic, that don't distinguish between upstate New York issues with drainage versus out here and how we have dealt with drainage. It is very frustrating because for the last 20 years, every legislation, every code provision that this town has adopted has dealt with stormwater and retention and preservation and protection of wetlands. That is the whole point of all our regulations and to be thrown with this pile of stuff is, it is, just overwhelming in the sense that when you read it, you know, we do conservation subdivisions arguably when they are, the goal of conservation subdivisions are to encourage people in a simplified process but based on your adoption of this law, the road system for a conservation subdivision might reach that one acre threshold and sure enough, all the efforts that we made to convince people to participate in conservation subdivisions are going to be undone when they have to hire somebody to prepare a full SWPPP, that's reality. And you know, a home that is over 5,000 square feet, by the time you, large homes with garages and so on, you could easily have a 5,000 square foot home, even out here in Southold. And that too, arguably you would have to address the SWPPP criteria. It seems that there needs to be some form of communication with a representative and with the powers that be that are telling you that you have to adopt this law in toro, I am assuming that you pretty much cut and paste from the draft law that they have sent you and just put it in here with some additional language to incorporate some of the specifics of Southold but for the most part, this is very generic and frustrating I think for an attorney and land use. I read this and I think to myself, what a waste of money and what a January 31, 2012 Page 32 Southold Town Board Meeting Minutes waste of time because it just, the process if really not commensurate with the results. Ray points out that we don't even know what the water quality of our water bodies are, that hasn't been determined, so to expect private people and the municipality to invest in the cost of, most likely you are going to have to hire more people, you know Jamie is one person but you need to have an engineer that has ability to review these SWPPP's, I mean, if I have to pay for an engineer to prepare it and I have somebody reviewing it, I mean, we are going to, you know, where does the argument occur with oh, no I am right, no you are right, you know, we are going to start having issues of experts and the challenge of experts. So it seems to me that it is a huge expense for the town, it is a huge expense for the public and for the property owners and I would ask you please, before you adopt this, work your magic up the ladder and try to persuade them to maybe hold off until the DEC themselves has a better understanding of how to enforce and how to customize and recognize the efforts that have already been adopted by the town. It is, you know, this is Albany, well, federal government, Albany rather than on a local level looking to see what it is that we need as far as codes. So, don't rush to adopt this if you can. Really see what you can do to get a dispensation until there is some training and some clarification because even the preparation of these SWPPP's, when I started looking on the intemet for programs, there are, I didn't see any. There was one program of $1,500 that was, and I couldn't even trust the entity that was giving this program. It sounded more like when I read it, one of these colleges that, you know, income derived programs to try to generate money and you know, questionable training. So please, look into it a little more. Thank you. COUNCILMAN TALBOT: Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this? Paul Silansky, Fleets Neck property owner PAUL SILANSKY: Paul Silansky with the Fleets Neck property owners. And I would just like to ask a question so I have something maybe to take back with me from this meeting. We have been in line for a couple of years with requests to look at the stormwater runoff problem in Fleets Neck, so naturally any effort that looks like it provides a glimmer of hope to have things improved is important. We have a couple of major problems, one, the creeks are closed to shellfishing due to the pollution that is present and two, we have a lot of flooding on some of the roads and we kind of feel like some of the answer lies in installing upstream catch basins if you will. And so ! don't know whether the robber meets the road or the stormwater meets the road, what do we tell our residents, what kind of message can we give them with some optimism that somewhere in here are some answers where we might get some movement and what we are concerned about is the same kind of theme that has been running through the last two speakers is that sometimes there is a new system or a new method or a new set of guidelines and that can delay some practical progress. So what kind of message can we take back to our group of families on Fleets Neck? COUNCILMAN KRUPSKI: Well, this proposed legislation takes into account the town's drainage code and we have had a drainage code on the books since 2007 and the Trustees adopted or the Town Board adopted before the Trustees in 2005, the drainage requirements, currently wetland application. Every time it rains and especially on a hard surface, a roof or a driveway, and it runs into the road, it becomes road runoff. The whole purpose of the drainage January 31, 2012 Page 33 Southold Town Board Meeting Minutes code was that every time someone pulls a building permit, you have got to maintain your own drainage on your own property whether it be a driveway improvement or enlargement or addition to a home, basically it is a gutters and drywell law. So that especially a place like down in Fleets Neck where you have good drainage, you put your own roof runoff or driveway runoff into the, recharge that into the groundwater, it doesn't run into the road and it doesn't increase the volume of water flowing down into the creeks or straight down Pequash into the bay. So what really this law does is address larger projects that serve more than an acre in size with a lot of detail and a lot of expense and a lot of oversight. So the town's drainage code is still in force. MR. SILANSKY: So then the trigger in the system primarily, and I glanced but I haven't had time to study it but I glanced through the pages and the trigger in there, the action, is construction or an application for plumbing or some form of development. SUPERVISOR RUSSELL: Land disturbance. COUNCILMAN KRUPSKI: Right. MR. SILANSKY: My point is, I think it reference over 13 bodies of water that are now closed to shellfishing, so we are talking about an existing situation and you have got runoff from 300 families in the case of Fleets Neck, that all run down to two sides, one to West creek and it just floods the roads and it floods the driveways and it is impassable by foot, so what is the trigger in the system to get the person who is the inspector or the individual without a building permit or something, to go there and say, you know what? We are studying this area and prioritizing and developing some kind of remediation plan. SUPERVISOR RUSSELL: You know, I agree and I just think there is two separate issues. One is what is the runoff doing to the creeks and the water bodies and we are creating the stormwater, shellfish advisor committee to help us answer that. now Ray raised that question, is the water even polluting, what are the sources of the pollution. We are trying to address that at the town level with DNA testing and all those other things. The problem is the federal government and the state government aren't telling us that we have time to do that, they are telling us that this needs to be implemented. Also I know that you made an appointment to see the highway superintendent. Some of this isn't necessarily stormwater mitigation in terms of, in the context of this law. There is flood control and that is with the catch basins and everything that you seek down there, so I am hoping that you have a fruitful meeting with the highway superintendent to address some of those issues down there. I certainly know you have many of them. I know that area very well. MR. SILANSKY: I appreciate it. SUPERVISOR RUSSELL: But I don't think this legislation is going to necessarily put anything into place tomorrow that is going to solve the problems at Fleets Neck. To be perfectly candid. MR. SILANSKY: Okay. Thanks for the clarification. January 31,2012 Page 34 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Who else would like to address the Town Board on this particular local law? TOWN ATTORNEY FINNEGAN: Can I say for the record based on the discussions that took place at the work session today, the Planning Board comments I believe, were discussed with the Town Board and there was the agreement that their proposed change that was read into the record would be modified and that section 236-8 would be amended to allow appointment of SMO's by Town Board resolution as opposed to direct designation in the local law. So I just want that to be reflected into the record and (inaudible) the record to Pat's concerns, the record will be left open so that comments that were made here and others that are received in writing can be incorporated into the law and further comment can be obtained at the next town board meeting. SUPERVISOR RUSSELL: I also want to mention that this represents a substantial amount of work on the part of this town. I think the cut and paste analogy is just not appropriate to the amount, the excruciating meetings we have had over this, over the past year or so. The DEC is basically, has given Southold a gold star when it comes to stormwater management, they told us in the past year, you are way ahead in the game compared to the rest of the towns. And they have showed us a little bit of largesse here, they only have so much room to work, within to work. They were just recently sued by the natural resources defense counsel, that is taking them to court saying you need to go faster, quicker. You know, they are in a tough spot like we are. We are trying to comply with this as best we can, we are trying to figure out how we can get training to these contractors so that you don't have to pay for these third parties, I know that that is an expense we would all like to avoid. We are trying to do everything we can to comply with this and at the same time what is required under state law, which is the adoption. COUNCILMAN KRUPSKI: And we are trying to accomplish that without hiring new personnel, which we have so far. All this work has been done in-house, through the committee. You know, town employees. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this particular public hearing? TOWN ATTORNEY FINNEGAN: One other revision that we discussed today was article 5 is going to be slightly reworked and reorganized, the administration and enforcement section. It is not so much substantive as much as form. We reviewed that today with the Town Board and that also will be a change and we ask that the Town Clerk re-notice those changes and they will be placed in the website prior to the next public hearing. Supervisor Russell SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? Let's close the hearing and then I will go right to you. TOWN CLERK NEVILLE: Recess the hearing. JUSTICE EVANS: I make a motion we adjourn the public hearing until February 14, 2012 to January 31, 2012 Page 35 Southold Town Board Meeting Minutes allow for submission of further written comments and to redirect the Town Clerk to re-notice any revisions to the proposed local law that may be made as results of comments made in the record of this proceeding or otherwise directed by the Town Board. Closing Comments Supervisor Russell SUPERVISOR RUSSELL: Okay, that concludes that. Marie, please? Marie Dominici, Mattituck MARIE DOMENICI: Marie Domenici, Mattituck. I just wanted to follow up with the Board as it relates to those no through trucking signs with weight over so much, two tons or whatever, along Aldrich. Has there been any progress with that? I believe that last time I provided the contact information of the gentleman that I spoke to at the DOT and I was wondering if, I mean the last time that we spoke it was, the town can .... COUNCILMAN TALBOT: Yes, the Transportation Commission discussed it yesterday and didn't feel it was appropriate to put no through trucking on Aldrich Lane. There was a couple of reasons for it, if you do that, then you are sending, say for instance if you had a truck there that was going to Harbes, they would have to go all the way down, can't go to Love Lane, we are just trying to redirect traffic off of Factory Avenue, you end up having them go all the way down to Wickham Avenue to come back to westerly points. That has always been more of a through street for the truck traffic, bypass. I know that you don't like it particularly there but it is actually one of the 'better roads to go through as opposed to Love Lane, Factory Avenue, Mill Road when you are passing the tracks there. They didn't feel it was appropriate to put the signs on there, no. MS. DOMENICI: I mean did they take into consideration that because the signs have been up for so long directing traffic down there, trucks that could literally stay on the Main Road don't because they just innately turn down that road. So the point was just to redirect traffic as need be, not to really stop the through traffic especially for deliveries whether to Harbes or you know, to anyone on that streets. It was just kind of to say, listen guys, we took away the sign, pay attention, you can drive straight through. That is the point. COUNCILMAN TALBOT: I think that most of the truck drivers are aware of that. MS. DOMENICI: You think? COUNCILMAN TALBOT: Yes. I think they choose to drive down there. When you look at the next four or five roads, are you going to go down Aldrich Lane or are you going to go down Factory? You can't go down Love Lane, you would have to go down Wickham Avenue, Mill Road or Elijah's Lane. MS. DOMENICI: Because I think what ultimately what is also a concern aside from the safety of the kids that live there but the road would have the wear and tear of heavy trucks and then warrant more repair if indeed trucks were going where they needed to go when they needed to January 31, 2012 Page 36 Southold Town Board Meeting Minutes go. So that was the reason, the whole reason for redirecting that thru traffic. That was the whole purpose. SUPERVISOR RUSSELL: You know, there is a good 10 or 12 people around that table that I think they are very thoughtful, very fair and very deliberative in when they come to their decisions. There are probably a good 10 or 12 on that committee I believe, right? And I guess they determined it wasn't .... COUNCILMAN TALBOT: Well, they didn't think that it was beneficial. There are some deliveries to be made up that way and truck traffic, if it is going out to the ferries, it is a good road to go down. MS. DOMENICI: Okay. Just wanted to follow up. Thanks for the information. Supervisor Russell SUPERVISOR RUSSELL: response) Would anybody else like to address the Town Board? (No Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:26 P.M. RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Louisa P. Evans, Justice AYES:  Nevil~e~m~ Southold Town Clerk Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell