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HomeMy WebLinkAboutTB-07/03/2012ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INTORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork, net MINUTES July 3, 2012 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, July 3, 2012 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 7:30 PM with the Pledge of Allegiance to the Flag. Call to Order 7:30 PM Meeting called to order on July 3, 2012 at Meeting Hall, 53095 Route 25, Southold, NY. William Ruland Town of Southold Councilman Present ~St?Pher Talb0t Town of s0~th0!d Councilman Present Jill Doherty Town of Southold C0~i~ii~0man ~i~t Albert Krupsk~ Jr. Town of Southold Councilman : Present ~i~ ~i ~¢mlS ToWn ;~ S~i~hoid Justice P~eseni scott Russell Town of Southold Supervisor Present I. Reports Town Clerk Budget Report Island Group Employee Health Care Plan II. Public Notices IlL Communications IV. Discussion. 9:00 A.M. - Debbie O'Kane & Diana VanBuren with the North Fork Audubon 3. 4. 5. o 7. 8. 9. 10. 11. 12. July 3, 2012 Southold Town Board Meeting Minutes 9:15 A.M. - Phillip Beltz & Jennifer Andaloro 9:30 A.M. - Jamie Richter 9:45 A.M. - Chief Martin Flatley Page 2 Vote l~eeord - Re~o ufion RES-2012-527 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Chhstopher Talbot Seconder [] [] [3 [] [] Wifl~drawn Jill Doherty Voter [] ' ~ ~ [] [] Supervisor's Appt Albert Krupski Jr. Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Initiator [] [] [] [] Request for the Installation of Stop Signs at the Intersection of Peconic Bay Blvd & Marlene Lane Love Lane Traffic Discussion on Closed Captioning for Channel 22 11:00 A.M. - Mark Terry, Hugh Switzer, Lffiian Ball EXECUTIVE SESSION - 11:30 A.M. - Melissa Spiro, Land Preservation EXECUTIVE SESSION - Labor EXECUTIVE SESSION - Litigation 10:45 A.M. - Jim Bunchuck Ol~enin~ Comments Supervisor Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance to the Flag. Thank you. I would invite anybody that would like to comment on any of the agenda items to please feel free to come forward. (No response) V. Resolutions 2012-527 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 July 3~ 2012. July 3, 2012 Southold Town Board Meeting Minutes Page 3 [] Rescinded Scott Russell Voter [] [3 [] [] [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-528 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set Next Meeting 7/17/12 4.'30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday~ July 17~ 2012 at the Southold Town Hall Southold. New York at 4:30 P. M.. Vote R~eOrd - R~sotutlon RE~2012-528 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Vote* ' [] [] [] [] [] Withdrawn Ci-aistopher 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 2012-529 CA TEGOR Y: DEPARTMENT: Organizational Town Clerk Liaisons to Committees 2012 SUPERVISOR'S APPOINTMENT LIAISONS TO COMMITTEES 2012 is hereby amended as follows: Agricultural Advisory Comm: Councilman Ruland Alternative & Renewable Energy Committee: Supervisor Russell, Councilman Krupski Animal Shelter: Councilman Ruland, Councilman Krupski Anti-Bias Task Force: Supervisor Russell Architectural: Councilman Talbot, Councilman Ruland July 3, 2012 Southold Town Board Meeting Minutes Page 4 CAST: Supervisor Russell Historic Preservation: Supervisor Russell Housing Advisory Commission: Councilman Talbot Land Preservation: Councilman Krupski Personnel: Supervisor Russell, Councilman Ruland Recreation: Councilman Talbot Stormwater Run-off.' Councilman Krupski, Councilwoman Doherty Transportation: Councilman Talbot Tree: Councilwoman Doherty Youth Bureau: Supervisor Russell, Councilman Ruland Zoning & Building: Councilman Krupski, Councilman Talbot Vote Record - Resolution RES-2012-529 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] FI [] Tabled ~ [] Withdrawn Christopher Talbot D [] [] [] [] Supervisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. [] [] [] [] [] Rescinded [] Town Clerk's Appt Louisa P. Evans [] [] [] [] [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-530 cA TEGOR Y: DEPARTMENT: Employment - F1FD Accounting Appoints Zachary Gatewood PT Seasonal Deckhand WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their June 19, 2012 meeting and WHEREAS, the Fishers Island Ferry District requires the services of seasonal Deckhands and Laborers; and WHEREAS, the seasonal Deckhands and Laborers will be employed by the Fishers Island Ferry District for the period coveting the two weeks before Memorial Day (May 14, 2012) through the two weeks following Labor Day (September 17, 2012), and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it July 3,2012 Southold Town Board Meeting Minutes Page 5 RESOLVED that the Town Board of the Town of Southold hereby appoints Zachary Gatewood as a part-time seasonal Deckhand at the rate of $10.30 per hour to commence June 18, 2012. Vote R~0td r Resoiation RES-2012-530 [] Adopted [] Tabled William Ruland Seco--'--~d~r [] [] [] [3 [] Town Clerk's Appt Scotl Russell Voter [] ~ '~ [] [] 2012-531 CATEGORY: Employment - F~D DEPARTMENT: Accounting Appoints Lee Austin Cattanach PT Purser WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their June 19, 2012 meeting and WHEREAS, the Fishers Island Ferry District requires the services of a part time Purser; and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Lee Austin Cattanach as a part-time Purser at the rate of $10.30 per hour, effective as of June 19, 2012. Vote Record ;Resolution RES-2012~551 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] Fl [] [] Withdrawn Christopher Talbot Voter gt : [] [] [] [] 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 July 3, 2012 Southold Town Board Meeting Minutes Page 6 2012-532 CATEGOR~ DEPARTMENT: Employment - FIFD Accounting Releases Robert F. Lavin Jr. & John 72 McVeigh WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their June 19, 2012 meeting to release Robert F. Lavin, Jr. and John T. McVeigh from their positions as a Purser and Part Time Deckhand respectively, and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District; now therefore be it RESOLVED that the Town Board of the Town of Southold hereby releases Robert F. Lavin, Jr. and John T. McVeigh from their positions as a Purser and Part Time Deckhand respectively effective June 19, 2012. The Board of Commissioners would like to thank Bob and John for their years of service and wish them well in their future endeavors. ~' V0te Re%rd -ResolUtion ~S-20t2-532 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland ~ ~ [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter r~ [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] i 13 : [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] ~ [] [] [] [] Supt Hgwys Appt [] No Action 2012-533 CA TEG OR Y: DEPARTMENT: Employment - FIFD Accounting Appoint Andrew Spinola Seasonal Clerk WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their June 19, 2012 meeting and WHEREAS, the Fishers Island Ferry District requires the services of seasonal Deckhands and Laborers; and July 3, 2012 Southold Town Board Meeting Minutes Page 7 WHEREAS, the seasonal clerks will be employed by the Fishers Island Ferry District for the period covering the two weeks before Memorial Day (May 14, 2012) through the two weeks following Labor Day (September 17, 2012), and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary ad.[ustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Andrew Spinola as a seasonal Clerk at the rate of $10.00 per hour to commence June 18, 2012. Vote R~ord ~ R~SOluflon RES-2012-533 [] 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 Scoit Russell Voter [] [] [] [] [] Supt Hgwys Appt ~ [] No Action 2012-534 CATEGORY: DEPARTMENT: Budget Modification Police Dept Police Department-Budget Modification Fiscal Impact: Budget Modifcation being requested to cover the cost of repairs made to one of the Marine units from an oil leak. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General Fund Whole Town budget as follows: From: A.3130.1.300.100 A.3130.2.300.100 To.' A.3130.4.400.650 Bay Constable Seasonal Employees, Reg. Earnings $4,000 Bay Constable Equip., Automobiles/Light Trucks $1,270 TOTAL: $5,270 Bay Constable, Contracted Services July 3, 2012 Page 8 Southold Town Board Meeting Minutes Vehicle Maintenance & Repairs $5,270 TOTAL: $5,270 ff Vote Record - Resolution RES-2012-534 ~- ,-. v [] 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 [] [] [] [] [] Town Clerk's Appt Scott Russell g Voter [] [] [] [] [] Supt Hgwys Appt -- ~ [] No Action 2012-535 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute the Notice/Renewal Application/Permit in Connection with the State Pollutant Discharge Elimination System (SPDES) Permit RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Notice/Renewal Application/Permit in connection with the State Pollutant Discharge Elimination System (SPDES) permit re~ardine the Southold Town Animal Shelter Facility, which is required by the NYS Department of Environmental Conservation under the terms of our SPDES Permit #NY-027- 3821, subject to the approval of the Town Attorney. Vote Record - Resolution ~2012-535 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder ~ [23 F1 F1 [] Withdrawn Christopher Talbot Voter -- [] Fl [] [] [3 Supervisor's Appt Jill Doherty Initiator [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] ~ [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell ~ I~l ~ [] [] [] Supt Hgwys Appt ~ [] No Action July 3, 2012 Page 9 Southold Town Board Meeting Minutes 2012-536 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the Southold Yacht Club to Park Overflow V, .... ehtcles tn the Town s Parkmg Lot at Goose Creek Beach RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Yacht Club to park overflow vehicles in the town's parking lot at Goose Creek Beach, on June 30~ July 14~ July 17~ and July 20~ 2012 provided they 1. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; 2. The cars are displaying a special Southold Yacht Club Parking Permit 3. The yacht club contact Captain Kruszeski of the Southold Police Department immediately for proper placement of the permits. 4. No objects of any kind shall be thrown to event spectators 5. No permanent markings be placed on town, county or state roads or property for the event; 6. 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. All fees for this event have been waived ~ Vote Record - Resolution RE8-2012;5~ [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [2 [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Seconder [] [] [] [] V1 Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt ~ [] No Action 2012-537 CA TE GORY: Refund DEPARTMENT: Town Clerk Refund of Commercial Disposal Sticker July 3, 2012 Page I0 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $120.00 to Kurt Weiss Greenhouses Inc., Box 641, 95 Main Street, Center Moriches, NY 11934 for a commercial disposal sticker that was purchased in error. ,t' V?te Record - Resolution ~.ES,.2012-537 [] Adopted [] Adopted as Amended :~ Defeated Yes/Aye No/Nay Abstain : Absent [] Tabled William Ruland Seconder I~ [] [] [] [] Withdrawn Christopher Talbot : Voter [] [] [] [] [] Supervisor'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 2012-538 CATEGORY: DEPARTMENT: Special Events Town Clerk Grant Permission to Boy Scouts Troop 6 to Hold Its Annual Boys Scout Car Show on Saturday, September 1, 2012 Fiscal Impact: Cost Analysis: $131.68 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Boy Scouts Troop 6 to hold its Annual Boys Scout Car Show on Saturdav~ September 1~ 2017 (rain date September 2) from 9:00 AM to 5:00 PM at the Peconic Lane Community Center, Peconic Lane, Peconic, provided they 1. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; 2. Coordinate traffic control upon notification of the adoption of this resolution with Captain Kruszeski 3. No objects of any kind shall be thrown to event spectators 4. No permanent markings be placed on town, county or state roads or property for the event; 5. 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. Any fees associated with this approval shall be waived. ~' Vote R~ord - Resolution RES-2012-538 [] Adopted William Ruland Yes/Aye No/Nay Abstain Absent [] ^doptedas^me ded Vote- U July 3, 2012 Southold Town Board Meeting Minutes Page 11 [] Defeated Christophec Talbot Seconder [] Tabled Jill Doherty Voter [] Withdrawn Alber~ Krapski Jr. Voter [] Supervisor's Appt Louisa P. Evans Initiator [] Tax Receiver's Appt Scott Russell Voter [] Rescinded [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-539 CATEGORY: Fmla DEPARTMENT: Accounting Grant FMLA Leave to a Town Employee RESOLVED that the Town Board of the Town of Southold hereby grants a leave of absence for up to 12 weeks to Employee #8237 effective June 8, 2012 pursuant to the Family Medical Leave Act. Vote Record- Resolution RES-2012-539 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter ~ [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Jill Doherty Seconder [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [3 [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-540 CA TE GO R Y: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to San Simeon by the Sound to Park Overflow Vehicles Along Terry Lane RESOLVED that the Town Board of the Town of Southold hereby grants permission to San Simeon by the Sound to park overflow vehicles along the south side of Terry Lane only, in July 3, 2012 Southold Town Board Meeting Minutes Page 12 the vicinity of Founders Landing Wharf House on Sunday~ July 22~ 2012 for the annual fundraiser "Cocktails by the Bay", providing they: 1. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; 2. The overflow cars are displaying a windshield flyers identifying the vehicles as participants and they contact Captain Kruszeski of the Southold Police Department immediately for proper placement of the permits. 3. Coordinate traffic control upon notification of the adoption of this resolution with Captain Kruszeski. 4. No objects of any kind shall be thrown to event spectators 5. No permanent markings be placed on town, county or state roads or property for the event; 6. 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. All fees associated with this event are waived. Vote Record - Re~olutlon RES-2012-540 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder ~ [] [] [] [] Withdrawn Christopher Talbot Voter [~ [] [] [] [] Superviso~'s Appt Jill Doherty Initiator [] [] [] [] [] Tax Receiver's Appt Alber~ Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] FI [] [] Supt Hgwys Appt [] No Action 2012-541 CATEGOR~ DEPARTMEN~ Surplus Equipment Town Clerk Transfer of Vehicle from PD to Highway RESOLVED that the Town Board of the Town of Southold hereby transfers Asset #2255, 1997 Ford pick-up with VIN #1FTDX18W7VNC87309 from Southold Town Police Department to the Southold Town Highway Department. Vote Record - Re~olution RES-2012-541 [~ Adopted / [] Adopted as Amended 1 Yes/Aye [] Defeated William Ruland Initiator [] [] Tabled Christopher Talbot Voter [] July 3, 2012 Southold Town Board Meeting Minutes Page 13 [] Withdrawn Jill Doherty Voter [] Supervisor's Appt Albert Kmpski Jr. Seconder [] Tax Receiver's Appt Louisa P. Evans Voter [] Rescinded Scott Russell Voter [] Town Clerk's Appt ~ ~ [] Supt Hgwys Appt [] No Action 2012-543 CATEGORY: DEPARTMENT: Employment - Town Recreation Hire Seasonal Employees RESOLVED that the Town Board of the Town of Southold hereby appoints the following individuals for the remainder of the 2012 summer season, July 4 through September 3. STILLWATER LIFEGUARDS HOURLY SALARY Nicholas Chylinski (lst year) ................................... $12.17 Katharine Freudenberg (lst year) ............................... $12.17 Matthew Grzesik (4th year) ...................................... $12.99 John Nolan (lst year) ............................................. $12.17 BEACH MANAGER Jordan Doroski (lst year) ......................................... $13.54 BEACH ATTENDANTS Erin Miller (lst year) ............................................ $9.42 Megan Vinciguerra (lst year) ...................................$9.42 ¢' V~te Record - l~esolution RES-2012.~43 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] i [] [] Withdrawn Chlistopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doher~y 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 July 3, 2012 Southold Town Board Meeting Minutes Page 14 2012-544 CATEGORD DEPARTMENT: Planning Town Attomey Industrial/Commercial Incentive Program WHEREAS, Section 485-b of the Real Property Tax Law was amended effective January 1, 1995 to provide exemption from real property tax and ad valorem levies for certain business investments in order to provide for economic resurgence within the State of New York and increased total assessed value of real property; and WHEREAS, such law provides for the creation of County industrial/commercial incentive boards in order to strategically target tax abatements to those industries and geographic areas considered to have the highest potential for successful development; and WHEREAS, the Suffolk County Legislature by Resolution No. 48-1995 adopted Local Law No. 9-1995 establishing the Suffolk County Industrial/Commercial Incentive Board (SCICIB); and WHEREAS, the SCICIB is charged with the preparation of a Plan for consideration by the Suffolk County Legislature that will define strategic geographic areas and businesses that will be eligible for real property tax exemption pursuant to applicable State Law; and WHEREAS, on September 1, 1998, the Town Board, by Resolution No. 12-1998, determined to participate in the County Program and to offer the incentive program to eligible local businesses; and WHEREAS, through Local Law 15-1999 and as amended through Local Law 16-2001, the Suffolk County Legislature adopted the Suffolk County Industrial/Commercial Incentive Plan; and WHEREAS, on January 20, 2001, the Town Board, by Resolution No. 131-200 I, determined to opt-out of the Targeting Business Real Property Tax Exemptions pursuant to New York State Property Tax Law Section 485-b and the Suffolk County Industrial/Commercial Plan; and WHEREAS, Suffulk County has reconvened the SCICIB and has asked all local municipalities to review the available Program, revise their current Plan or if not a part of the current Plan, consider participating; and WHEREAS, the Town Board of the Town of Southold is desirous of taking part in this Program and no longer wishes to opt-out of the Targeting Business Real Property Tax Exemptions and the Suffolk County Industrial/Commercial Plan; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby rescinds Resolution No. 131- 2001; and be it further July 3, 2012 Southold Town Board Meeting Minutes Page 15 RESOLVED that the Town Board of the Town of Southold does hereby authorize the Town Clerk to forward the Town of Southold's Industrial/Commercial Incentive Plan report to the Suffolk County Industrial/Commercial Incentive Board for inclusion in the revised Plan; and be it further RESOLVED that upon the inclusion of this Plan into the duly adopted Suffolk County Industrial/Commercial Incentive Plan, the Town Board will amend the Code of the Town of Southold in order to allow the Town Assessor to apply that exemption schedule made part of Section 485-b of the Real Property Tax Law. Vote Reeord- Re~,olutl0n RE8~2012-54~ · [] 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 [] [] [] [] Fl Rescinded Louisa P. Evans ~ } Initiator gt ~ [] [] [] Town Clerk's Appt Scott Russell Voter gl [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 544 COUNCILMAN TALBOT: Mr. Supervisor, would you like to comment on this resolution? SUPERVISOR RUSSELL: Yes, what we are doing is we identified areas where we are trying to encourage investment, existing businesses, vacant buildings. We have also identified the list of uses that we would like to see in those areas. The idea here is to create an incentive, so when invests in real property, they are going to be held harmless to some extent for the increase of assessment, I think it is 100 percent exemption for the first three years and then it phases in over a decade, so that the assessment doesn't all go up at once. The idea here is to encourage investment. We have plenty of inventory, we would like to see that inventory utilized and occupied. It is better for the tax base, it is better for the community and it is certainly better for the employment picture of the town. JUSTICE EVANS: So if someone owns commercial property, they can check with the Planning Board to see if.... July 3, 2012 Page 16 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Yes, you can check with the Planning Board. Actually, at the recommendation of Councilman Krupski and I believe Councilman Talbot today, we are going to reach out to businesses that are part of this plan. There is no encumbrance to your property at all. It is all incentive based, to let you know that we have included you as part of our long term economic vision, we are going to reach out to all these businesses and all these property owners to let them know in the near future. 2012-545 CATEGORY: DEPARTMENT: Policies Town Attorney Amend Workplace Violence Prevention Plan & Policy Statement WHEREAS, the Town of Southold employs over 200 employees and is one of the largest employers in the Town; and WHEREAS, the Town of Southold is committed to protecting and enhancing the safety of all its employees; and WHEREAS, it is the goal of the Town to provide a workplace environment that reduces and/or minimizes all incidents associated with violence in the workplace; and WHEREAS, the Town of Southold adopted the Town of Southold Workforce Violence Prevention Plan by resolution on January 29, 2009 and most recently amended on June 15, 2010; and WHEREAS, the Town of Southold continually assesses additional policies and procedures to further protect employees who work for the Town of Southold and formally incorporates such additional policies and procedures into its Workplace Violence Program. NOW, THEREFORE, be it RESOLVED that the Town Board of the Town of Southold hereby adopts the amended Workplace Violence Policy Statement and the Amendments to the Town of Southold Workforce Violence Prevention Plan to supplement and improve the Program presently in }lac~e. Vote Record - Resolution RES~2012-545 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Christopher Talbot Initiator [] [] [] [] [] Withdrawn Jill Doheay Voter [] ~ ~ Fl Supervisor's Appt Albert Krupski Jr. Voter [] [] [] ~ [] [] Tax Receiver's Appt Louisa P. Evans Seconder [] [] [] [] [] Rescinded ScoR Russell Voter [] [] [] [] [] Town Clerk's Appt 13 Supt Hgwys Appt July 3, 2012 Page 17 Southold Town Board Meeting Minutes El No Action 2012-546 CA TEGOR Y: DEPARTMENT: Budget Modification Land Management Coordination Budget Modification - Bay to Sound Fiscal Impact: Appropriate funds for Orient Causeway RESOLVED that the Town Board of the Town of Southold hereby increases the 2012 General Fund Whole Town budget for the Bay to Sound Project as follows: Revenues: A.4597.30 Federal Aid-ISTEA Grant $60,106 Appropriations: A.1989.2.500.100 Land Management Coord, Capital Outlay $60,106 Vote Reeord- Resolution RES-2012-546 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doher~y 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 2012-547 CA TEGOR Y: DEPARTMENT: Authorize to Bid Police Dept Advertise for Bid - Used PD Vehicles RESOLVED that the Town Board of the Town of Southold hereby declares the following vehicles to be surplus: July 3, 2012 Southold Town Board Meeting Minutes Page 18 Asset# Vehicle 3496 2006 Ford Crown Victoria 3669 2008 Ford Crown Victoria 3738 2008 Ford Crown Victoria VIN 2FAHP71W16X138611 2FAFP71 V78X188784 2FAHP71V58X131056 Minimum Bid $480.00 $480.00 $480.0O And be it further RESOLVED that the Town Clerk is hereby authorized and directed to advertise same for bid. Vote R~ord - ReSOlUtion RES-2012,fi47 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator ~1 [] : [] [] [] Withdrawn Christopher Talbot Voter [] [3 [] : [] [] Supervisor's Appt Jill Deherty 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 2012-548 C. d TE G O R Y: DEP~4RTMENT: Budget Modification Recreation Budget Modification - $5,000 Donation Fiscal Impact: This generous donation will save the town quite a bit of money as items are needed for the recreation center now that the Peconic Lane Community Center has been renovated and is being used for various programs and meetings. WHEREAS the Town Board of the Town of Southold graciously acknowledges the generous donation of $5,000 to the Southold Senior Youth Center (Recreation Center) from the estate of Alma and Martin Suter, and WHEREAS the Town Board has determined that these donated funds should be used for improvements to the Recreation Center, namely the purchase of new tables, chairs, pull down screen, literature rack, and various miscellaneous items, and WHEREAS a budget modification is required to appropriate this donation for improvements to the Recreation Center, including the purchase of the aforementioned items, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby increases the July 3, 2012 Southold Town Board Meeting Minutes Page 19 2012 General Fund Whole Town budget as follows: Revenues A.2705.40 Gifts and Donations $5,000 Total $5,000 Appropriations A.1620.2.500.975 Buildings & Grounds, Capital Outlay Recreation Center Improvements $5,000 Total $5,000 Vote Reeord. Resolution RES-2012-548 c~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder ~ Fl [3 [] [] Withdrawn Christopher Talbot Voter [] [] ~ [] [] [] Supervisot~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 Comments regarding resolution 548 COUNCILMAN KRUPSKI: I would like to thank the donors. This is a generous gift and it is going to be well used there. 2012-549 CATEGORY: DEPARTMENT: Policies Town Attorney Amend TOS Emergency Evacuation Policy WHEREAS, the Town Board of the Town of Southold adopted the 2009 Town of Southold Emergency Evacuation Policy by Resolution No. 2009-969 on Decmnber 15, 2009; and WHEREAS, the Town of Southold is committed to the continued protection and enhancement of the safetY of its employees as well as patrons from the public who utilize Town facilities; and WHEREAS, the 2009 Town of Southold Emergency Evacuation Policy requires certain amendments to include the new Peconic Lane Community Center as well as alternative evacuation routes within the Town Hall Annex; and WHEREAS, the Town of Southold intends to accomplish these goals through the amendment of July 3, 2012 Southold Town Board Meeting Minutes Page 20 the Town of Southold Emergency Evacuation Policy as developed by the Loss Control and Executive Safety Committee, to further protect employees who work for the Town of Southold as well as members of the public who patronize Town facilities; now, therefore, be it RESOLVED that the Town of Southold hereby recognizes the importance of promoting employee and public safety and adopts the amendments to the Town of Southold Emergency Evacuation Policy V0t~ Re.rd- Re~oluti0a RES-2012-549 ~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder El [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt gt Fl Fl [] Albert Kmpski Jr. Voter [] Rescinded Louisa P. Evans Initiator [] ~ [] [] [] Town Clerk's Appt Scott Russell Voter 1~ [] [] [] [] Supt Hgwys Appt [] No Action 2012-550 CA TEGOR Y: DEPARTMENT: Employment - Town Accounting Accepts Resignation of Sandra L. Berliner RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Sandra L. Berliner from the position of Secretary to the Supervisor for the Supervisor's Office, effective August 10, 2012. Vote Re~ord - il~olution RES-2012-550 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] ~1 Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Jill Doherty Voter - [] ~ []-- [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] ~ [] [] [] [] Town Clerk's Appt Scott Russell ~ Voter [] [] [] [] [] Supt Hgwys Appt [] No Action July 3, 2012 Southold Town Board Meeting Minutes Page 21 Comments regarding resolution 550 SUPERVISOR RUSSELL: Let me just quickly express how deeply regretful I am that Sandi is leaving us. She is moving to greener pastures, back to California. She has been my secretary for four years. She has actually also served at the landfill, she served in the tax recievers office, she served in the Assessors office, the Town Attorney's office. She has worked in every office we have ever asked her to, she has done everything we have ever asked her and she will be deeply missed. 2012-551 CATEGORY: DEPARTMENT: Employment - Town Accounting Appoint David Oddon PT Custodial Worker I RESOLVED that the Town Board of the Town of Southold hereby appoints David Oddon to the position of part-time Custodial Worker I for the Department of Public Works, effective July 5, 2012, at a rate of $13.62 per hour. vote Record ~ Resolution RF.~2012.551 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] ~ [] [] ! [] [] Supervisor's Appt Jill Deherty Initiator [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] ' [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] ~ [] F1 [] [] Supt Hgwys Appt [] No Action 2012-552 CA TEGOR Y: Fmla DEPARTMENT: Accounting Grant FMLA Leave to a Town Employee RESOLVED that the Town Board of the Town of Southold hereby grants a leave of absence for up to 12 weeks to Employee #5553 effective July 12, 2012 pursuant to the Family Medical Leave Act. Vote Record - Resolution RES-2012-552 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Initiator [] [] [] [] [] Defeated ChristopherTalbot : Voter [] ~ [] [] [] [] Tabled Jill Deherty Voter [] [] [] [] July 3, 2012 Southold Town Board Meeting Minutes Page 22 [] Withdrawn Albert Krupski Jr. Seconder [] [] [] [] [] Supervisor's Appt Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt Scott Russell Voter [] [] [] [] [] Rescinded [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-553 CATEGORY: DEPARTMENT: Employment - Town Accounting Authorizes PT Minibus Driver Brian Dickerson to Work FT WHEREAS full-time employee # 5553 in the Town's Programs for the Aging has taken ill and is expected to be out of work for approximately 4 weeks and WHEREAS the Town Board has determined that the Town's Programs for the Aging requires full-time coverage, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes Part-Time Mini Bus Driver Brian L. Dickerson to work full-time to cover this absence starting on July 12, 2012; rate of pay at Mr. Dickerson's existing rate of $16.93 per hour. ~' Vote ReCord. l~esolution RES-2012-553 v s [] Adopted [] Adopted as/Mnended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [3 [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] -- -- [] ~ [] [] Tax Receiver's Appt Albert Krupski Jr. Initiator -- [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] ! [] [] Town Clerk's Appt Scott Russell Voter [] [] ~ F1 [] [] Supt Hgwys Appt [] No Action 2012-554 CATEGOR~ DEPARTMENT: Support/Non-Support Resolution Supervisor New Suffolk Waterfront July 3, 2012 Southold Town Board Meeting Minutes Page 23 VOtEREAS, the New Suffolk Waterfront Fund, Inc. is applying to the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) for a grant under the Environmental Protection Fund for a park landscaping project to be located on the waterfront in the Hamlet of New Suffolk, a site located within the territorial jurisdiction of this Board; and VOIEREAS, as a requirement under the mles of these programs, said not-for-profit corporation must obtain the "approval/endorsement of the governing body of the municipality in which the project will be located"; NOW, THEREFORE, be it resolved by this august body that the Board of the Town of Southold hereby does approve and endorse the application of New Suffolk Waterfront Fund, Inc. for a grant under the Environmental Protection Fund for a park project known as Landscaping the New Suffolk Waterfront and located within this community. Vote R~cord - ReSolution RES-201~-554 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] O Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Jill Deherty Voter [] ~ [] [] [] ' [] Tax Receiver's Appt Albert Kmpski Jr. Voter v~ -* [] [] [] [] Rescinded Louisa P. Evans initiator [] ' [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] ~ [] [] [] Supt Hgwys Appt ~ [] No Action Comment regarding resolution 554 UNIDENTIFIED: Inaudible comments from audience. SUPERVISOR RUSSELL: I had actually invited everyone an opportunity to address the agenda items at the beginning of the meeting. But in a few minutes, I will open up the opportunity again for people to speak on any issue. 2012-555 CA TE G OR Y: DEPARTMENT: Budget Modification Solid Waste Management District SWMD Budget Modification - Grinder Warranty Fiscal Impact: For purchase of extended warranty on CBI Grinder. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Solid Waste Management District budget as follows: July 3, 2012 Southold Town Board Meeting Minutes Page 24 From: SR 8160.4.100.580 (Maint-Ford Tractor) SR 8160.4.400.200 (Building Maint) SR 8160.4.200.300 (Public Info/Printin) SR 8160.4.400.680 (Trailer Fleet Repairs) $1,100 1,100 1,000 1,500 Total $ 4,700 To: SR 8160.4.400.665 (Contr. Repairs/CBl Grinder) $ 4,700 V Vote Rec0rd ~ Resolution nES-2012.SS~ r~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rul~nd Voter [] ~ [] El [] [] Withdrawn Christopher Talbot Initiator [] [] El [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] : [] [] [] Rescinded Louisa P. Evans Seconder [] [] ~ [] [] [] Town Clerk's Appt Scott Russell Voter ~ [] [] [] [] Supt Hgwys Appt [] No Action 2012-556 CATEGORY: DEPARTMENT: Litigation Town Attorney Retain Thomas Sledjeski/Cashin NOC RESOLVED that the Town Board of the Town of Southold hereby retains Thomas Sledieski~ Esq. as Special Counsel to handle the Notice of Claim filed by Cashin Associates, P.C. dated June 27 2012. Vote Record -Resolution RES-2012-S$6 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Seconder ~ F1 Fl El [] Defeated [] Tabled Christopher Talbot Voter [] [] [] [] [] Withdrawn Jill Doherty Initiator [] [] [] [] [] Supervisor's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scoi~ Russell Voter [] [] [] [] July 3, 2012 Page 25 Southold Town Board Meeting Minutes [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-557 cA TE GO R Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Enter into a Professional Services Contract Between the Town of Southold and EDesign Dynamics RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to execute a professional services contract between the Town of Southold and eDesign Dynamics to perform all studies and services necessary to complete a Bathymetric Stud,/, Sediment Modeling and Sediment Management Plan in accordance with the Management Plan for Goldsmith's Inlet dated June 19, 2012 at a cost not to exceed $66,900.00 subject to the ~proval of the Town Comptroller and the Town Attorney. Vote 1L-cord - Re~tution R1~-201~-,~57 ~ [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland ~ Initiator [] [] [] ~ [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] '~ [] [] Tax Receiver's Appt Albert Kmpski Jr. Seconder [] [] [] [] [] Rescinded Louisa p. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [3 [] [] Supt Hgwys Appt . [] No Action 2012-558 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute the Agreement Between the Town qf Southold and the Suffolk County Water Authority RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and the Suffolk County Water Authoritv in connection with Highway Excavation and Road Opening Projects within Town highways, subject to the approval of the Town Attomey. July 3, 2012 Southold Town Board Meeting Minutes Page 26 ~' V0te Record - ReSOlution RES-2012-S58 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Cinistopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] Fl [] [] Tax Receiver's Appt Albeft Krapski Jr. Initiator [] F1 [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt Fl No Action 2012-559 CATEGORY: DEPARTMENT: Seqra Town Attorney SEQRA Schriever Change of Zone RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed Change of Zone Application of William W. Schriever is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Vote Record .:Resolution RES-2012-559 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [3 Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] O gl [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans : Initiator [] ID [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-560 Page 27 July 3, 2012 Southold Town Board Meeting Minutes CATEGORY: DEPARTMENT: Enact Local Law Town Attomey LL/Arnend Zoning Map SCTM #1000-45- 7-5.3from Residential Low-Density (R-40) To Residential Office (RO) WHEREAS, the Town Board has made a motion to amend the Zoning Map of the Town of Southold by changing the Zoning District designation of SCTM #1000-45-7-5.3 from Residential Low-Density (R-40) to Residential Office (RO); and WHEREAS, the Local Law is entitled "A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning District Designation of SCTM//1000-45-7-5.3 from Residential Low-Density (R-40) to Residential Office (RO)"; and WHEREAS, a Public Heating was held on July 3, 2012 at which time all interested persons were given the opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: LOCAL LAW NO. ~ OF 2012 BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1. Legislative intent. This Local Law proposes to change the zoning designation on a property from Residential Low- Density (R-40)(one-acre minimum) to Residential Office (RO). The purpose of the RO Zoning District is to provide a transition area between business areas and residential development along major roads. This parcel is located on State Route 25, with Greenport High School to the north and residential property to the east. Its location makes the parcel an ideal candidate for a change of zone to the RO District because it will provide a transition between the business area and the adjacent residential area. The Planning Board reviewed the zoning on the property and supports this Amendment. The Amendment is consistent with the comprehensive planning practices in the Town, and serves to prevent the property from being developed in a manner incompatible with our planning efforts and the surrounding land uses. Section 2. Enactment. Based on the goals and identified needs of the Town, and upon our consideration of the environmental review and recommendation of the Planning Board, the public comment taken at the public hearing, we hereby change the zoning district designation for the parcel known as SCTM #1000-45~%5.3 from Residential Low-Density (R-40) to Residential Office (RO). The July 3, 2012 Southold Town Board Meeting Minutes Page 28 property is approximately .813 acres (35,403 sq. ft.) and is located at 820 Front Street, Greenport, New York. The legal description of the property is as follows: ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Greenport, Town of Southold, County of Suffolk, and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Front Street, distant 310 feet easterly from the intersection of the easterly side of Moore's Lane and the northerly side of Front Street, as measured along the northerly side of Front Street; RUNNING THENCE along land now or formerly of Kalin and Moore's Lane Corp., North 0 degrees 49 minutes 40 seconds East, 195.72 feet; THENCE along land of the School District, North 89 degrees 33 minutes 40 seconds East, 180.95 feet; THENCE along land now or formerly of Peterson, South 0 degrees 49 minutes 40 seconds West, 195.72 feet to the northerly side of Front Street; THENCE along the northerly side of Front Street, South 89 degrees 33 minutes 30 seconds West, 180.95 feet to the point or place of BEGINNING. Section 3. The Zoning Map as adopted by Section 280-6 of the Town Code of the Town of Southold is hereby amended to reflect the change of zoning district designation for said parcel. Section 4. 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. Section 5. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided >y law. Vote Re, cord - Re~olution RES-2012-560 El Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter El [] [] [] [] Tabled Christopher Talbot Voter [] [] [] [] [] Withdrawn Jill Doherty Seconder [] [] [] [] July 3, 2012 Southold Town Board Meeting Minutes Page 29 [] Supervisors Appt Albeix Krupski Jr. Voter [] Tax Receiver's Appt Louisa P. Evans Initiator [] Rescinded Scoit Russell Voter [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action Comments regarding resolution #560 COUNCILMAN KRUPSKI: I vote no. Part of the reasoning behind this is it will provide a transition between the business area and the adjacent residential area. I think that, the transition, it is already a part of that transition area but you know, you have to reflect on this that on the eve of the 4th of July, we are very fortunate here that I am able to vote no. COUNCILMAN TALBOT: I had some concerns of the property and the condition that it is in right now but after seeing the LWRP coordinators and the Planning Board's effort and review of it, I agree that this will be better for the area so I vote yes. SUPERVISOR RUSSELL: I am going to vote yes and say it dovetails nicely with an effort that we just undertook a few minutes ago, which is the 45 V exemption. In fact, we are trying to get people to invest in the existing inventory, that's good for the tax base, it is good for the community. So I absolutely recommend it and I vote yes. VI. Public Hearings Motion To: Motion to recess to Public Hearing RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Talbot, Doherty, Kmpski Jr., Evans, Russell PH 7/3/12 ~ 7:32 PM Schriever/Change of Zone COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN the Town Board on June 6, 2012 made a motion to amend the Zoning Map of the Town of Southold by changing the Zoning District designation of SCTM #1000-45-7-5.3 from Residential Low-Density (R-40) to Residential Office (RO) by Local Law entitled "A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning District Designation of SCTM #1000-45-7-5.3 from Residential Low-Density (R-40) to Residential Office (RO)" and NOTICE IS HEREBY FURTHER GIVEN that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County, New York, 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 3rd day of July, 2012 at 7:32 p.m at which time all interested persons will be given an opportunity to be July 3, 2012 Southold Town Board Meeting Minutes Page 30 heard. The purpose of this Local Law is to change the Zoning District Designation of SCTM #1000-45-7-5.3 from Residential Low-Density (R-40) to Residential Office (RO). The petitioner for this request is William W. Schriever. The property is approximately .813 acres (35,403 sq. ft.) and is located at 820 Front Street, Greenport, New York. I have a notice that it was posted on the Town Clerk's bulletin board on the 12th day of June 2012. That it was posted in the Suffolk Times on June 14, 2012. I have a letter from Donald Wilcenski, chairman of the Planning Board. "The Planning Board has reviewed this application for a change of zone on the above referenced property from the residential R-40 district to the residential-office zoning district. The purpose of this residential office district is to provide a transition area between business areas and residential development along major roads. This parcel is located on SR 25, adjacent to a business district zoned parcel with the Greenport High School to the north and a residential property to the east. Its location makes it an ideal candidate for a change of zone to the residential office district because it will provide a transition between the business area and the adjacent residential area. For the reasons stated above, the Planning Board supports this change of zone application." A letter from Andrew Freleng, chief planner Suffolk County "Pursuant to the requirements of sections A14-14 thru A 14-25 of the Suffolk County administrative code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter 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." We have a letter from principal planner and LWRP coordinator Mark Terry, "The proposed local law has been reviewed to chapter 268, waterfront consistency review of the Town of Southold town code and the Local Waterfront Revitalization Program 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, specifically policy 1 which states: Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location and minimizes adverse effects of development. The proposed action is not in a significant material conflict with a community's current plans or goals. Residential 40 zoning occurs immediately to the north, south and east. The general business zoning district occurs to the west. The change of zone from R-40 to residential office will establish a low intensity commercial/residential use transitional area between an existing commercial district general business and a low to moderate density residential district on State Route 25. The change further supports the purpose of the proposed new zoning designation which is described in Southold Town Code section 280-37 as follows: The purpose of the RO district is to provide a transition area between business areas and low- density residential development along major roads which provide opportunity for limited non- residential uses and essentially residential areas while strongly encouraging the adaptive reuse of existing older residences, to preserve the existing visual character of the town and to achieve the goals of well-planned, environmentally sensitive, balanced development which the town has determined to be desirable. Due to parcel location, size and proximity to existing infrastructure, the zone change is not expected to have a significant impact on growth and community. Pursuant to chapter 268, the Town Board shall consider this recommendation in preparing its July 3, 2012 Southold Town Board Meeting Minutes Page 31 written determination regarding the consistency of the proposed action." We also have a SEQRA saying it is an unlisted action and that is it. SUPERVISOR RUSSELL: I would invite anybody to please feel free. PATRtCIA MOORE: Thank you. I didn't realize there was so much to read on the record. Thank you, good evening. Patricia Moore on behalf of Mr. Schriever. This distinguished gentleman in the front row is the owner of the property. As the Planning Board has described, the proposed application to change the zoning from the one acre residential to RO, residential office, provides an ability to redevelop this property both either as a residence, should somebody want to continue it as a residence, or as a professional office, business office. What I thought would be appropriate given that your record already has established the appropriateness of that zone for this property. I have heard a lot of rumors of what uses may be asked here and I think that there is some misunderstanding, so I am going to very quickly and simply just go through the zoning code of RO so that to avoid phone calls and questions regarding what uses are permitted. Those uses that are not listed are not permitted uses, so if you don't hear the use, it is not permitted. The first permitted uses as I have said is a single family dwelling, no different than a residential zoning. The second use as permitted is owner occupied two family dwelling. No different than a residential zoning. The second use as permitted is owner occupied two family dwelling, those two uses are allowed without any site plan review. Thereafter, the following uses would require site plan review by the Planning Board and the Planning Board considers the lighting, the noise, the look of the building through architectural review and the driveways and the landscaping, those are the things that the Planning Board does. And these are the uses that they would be looking at should those uses be considered here. Building structure, uses owned or operated by the Town of Southold, school district, park district or fire district. Building structure uses owned or operated by a fraternal organization and utilized for activities typically conducted by a fraternal organization including but not limited to public meeting places, charitable fundraising events, patriotic observances and catering for public and private functions. Like the Legion hall is an example. Another use would be a bed and breakfast use as regulated in the residential zoning district. The next use would be a professional office. That is most likely what we will find to be interested in this property because of its proximity to the hospital as well as its visibility on the Main Road as well as the size of the property which is just shy of an acre. It would be ideal for a professional office. Another use would be churches or places of worship, parish houses, convents and monasteries. Additionally, libraries, museums, art gallery's, exhibit halls, artists photographic studios and dance studios, and finally permitted uses with Planning Board site plan review, small business offices such as insurance agencies, real estate agencies, computer software services, financial planning securities brokers, and like kind small business establishments excluding retail sales of any kind or nature and limited to overall floor space of 3,000 square feet. So keeping in mind, I have been asked retail, no retail is not in an RO zoning district. Finally, the special permit uses which would require approval from the Zoning Board of Appeals, those are uses that are presumed permitted with certain conditions and protections. And those would be with application to the Zoning Board of Appeals and those would be some uses that are already listed in residential zoning districts, additionally funeral homes, third would be apartment, apartments, apartment may be permitted over business and professional offices and as regulated based on size, location and so on. Restaurant, except fast July 3, 2012 Southold Town Board Meeting Minutes Page 32 food or formula restaurants and finally custom workshops provided they all shall not, they shall not be all or part of a commercial center. So those are the uses, I know the Board is very familiar with RO but I thought for the benefit of the public that is here as well as questions that I have received by phone, I explained what uses are permissible by example, anybody who knows where my office is in Southold, that whole region is RO, residential office. So it allows old houses to be converted to professional offices or new offices to be built. So I hope that that clarifies and if there is anything, I will be happy to try to address that. SUPERVISOR RUSSELL: Thank you. MS. MOORE: Thank you. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board on this particular public hearing? George, please. GEORGE CAPON: George Capon, 509 7th Street. And I am about a block and a half from Mr. Schriever's piece of property and I am all in favor of what Mr. Schriever got and it will be a pleasure ifa new building will go up there and get rid of what we have there now. Thank you. BENJA SCHWARTZ: Good evening, Benja Schwartz, Cutchogue. I would just like to thank Pat for such an excellent job of explaining the law, I think she did a good job of that and it sounds like a good idea, this particular property changing zone. I am a little surprised that it is apparently just one parcel. Maybe there is some other parcels around the town, similarly situated. Was that looked into? SUPERVISOR RUSSELL: Yes, we are actually looking at all of the parcels in Southold Town. It is called a comprehensive master plan and the land use component is going to be undertaken over the next year. The reason we acted on this one particular parcel is because we had an application from the applicant. Generally what we do is we try to create a process where people don't get lost in a process that takes forever, only to hear the words no. what we do is we vet these things and say, this looks like it has merit, let's send it to the Planning Board for their review, we wait for their response, the Planning Board reviewed it, did a small study of the area and felt that that was a use, the requested use was very consistent with what the over reaching goals of the current town code are. So it is back for a public hearing. But he didn't apply for any other than his own property. MR. SCHWARTZ: Well, it sounds good. Can I vote for a monastery? SUPERVISOR RUSSELL: Would anybody else like to comment on this particular local law? No response. July 3, 2012 Southold Town Board Meeting Minutes Page 33 RESULT: CLOSED [UNANIMOUSI MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Closing Comments Supervisor Russell SUPERVISOR RUSSELL: That completes the meeting. Would anybody like to come up and address the Town Board on any issue? Eugene Doherty EUGENE DOHERTY: My name is Eugene Doherty and I live at 4095 Mill Lane, Mattituck. I wanted to know about the leash law? Because my dog was involved in that. SUPERVISOR RUSSELL: What we first did today was get an understanding of what the current code allows. And it is far more restrictive than what at least I even knew, in that dogs technically, under current code, are not permitted on town beaches, leashed or otherwise. What the Town Board said we should do is sit down and take a look at the code, look at allowing dogs but under certain circumstances. Such as leashing, sort of strike a balance so that pet owners have a place to take those animals but at the same time, provide that there are assurances so that people who don't want to be intruded upon aren't, so it is an issue, a discussion that we are going to have in the near future. The current code is actually quite restrictive and I know that we don't have a leash law per se but a separate section of the code, chapter 97, which was passed years and years ago, doesn't allow dogs on town property such as any of the recreational areas I believe. This is defined as beach ends, road ends, things like that. MR. DOHERTY: So the dog is not allowed on the beach currently? SUPERVISOR RUSSELL: Under the current code, they are not. But again, that is a line that maybe we are willing to move but maybe we want to move it in a way that is fair and reasonable for everybody involved. So it is a discussion we are going to be having in the very near future. MR. DOHERTY: Alright. SUPERVISOR RUSSELL: I would ask you to reach out to my office and give me your contact information, I will make sure that you come in and that you are part of the discussion. MR. DOHERTY: Alright, thank you. COUNCILWOMAN DOHERTY: Scott, just one thing on that. After we had that discussion in work session, I talked to Lloyd and if he doesn't have it up already, he will have a link on our web page that takes you r/ght to that code, so you don't have to search through all our codes. It will be fight there so you can read the current code as it is fight now. Page 34 July 3, 2012 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: You know, to be honest, we were focusing on chapter 83 which really doesn't require leashing of dogs, it just requires that dogs be under the control of the owner. Well, there is a separate section of code, again thanks to Linda Cooper, it was brought to our attention today, chapter 97 which sort of regulates the use in the town owned properties, town owned rec areas and things like that. we just looked at a code in Southampton that seems fairly reasonable. It allows access for dogs to these areas but under certain conditions and certain times. So we are going to try to develop something that will accommodate everyone's needs and issues here, over the next few weeks we will be having those discussions. Again, get me your contact information and I will make sure you are part of those discussions. Garrett Cutler GARRETT CUTLER: Garrett Cutler, I live on Bailie Beach Road. I was here for the meeting this morning and I wasn't going to pose a question tonight but now I am unclear. Does that mean that as of this morning, those people who bring their dogs to the beach are going to be turned away? Or the police will be monitoring it? or are we in a state of flux right now? SUPERVISOR RUSSELL: The state of flux is probably a good choice of words. It's, we are going to start posting the beach ends so that people know that dogs aren't allowed on the beaches. But again, over the next few weeks we want to develop policy that we can put into place because maybe a law that simply doesn't allow dogs on any beaches is too restrictive, so maybe we need to find some middle ground, for those who have that have concerns about the animals and those who want to bring the animals to the beach and maybe develop policy or a town code that allows dogs at beaches after a certain time of the evening, leashed. Things like that. under current town code, they are technically not allowed on beaches and they hadn't been for many years. MR. CUTLER: For clarifications sake, if they enter on a private property and they are below the high tide mark, is it a town beach or is it private property?. SUPERVISOR RUSSELL: No, no, that wouldn't be covered under chapter 97. MR. CUTLER: That would be, they simply have to find a place to enter the beach to be able to enjoy it because Bailie Beach is very popular .... SUPERVISOR RUSSELL: Yes. MR. CUTLER: I live there and there are many dog walkers and dog lovers and I enjoy it personally, there is not been any problem other than that cited this morning that I know of and I hope it will continue. I hope it is liberal policy, it is a great beach for walking. It is simply, the priority is that people clean up the mess that their dog makes, that is the priority. And I think a sign could be placed to that effect also, if there is a fine associated with it (inaudible). But I strongly suggest that it be a liberal policy because it is a great place to meet people and it is a great place to walk dogs and it is just great and I don't want to see this go from being able to have something for all these years to not having it anymore. I would like it to continue. COUNCILMAN KRUPSKI: It really is not about the dogs, it is really about the people. July 3, 2012 Southold Town Board Meeting Minutes Page 35 MR. CUTLER: It is about the people. The people have to be trained. COUNCILMAN KRUPSKI: And you know we had a problem at the dog park with people not picking up after their dogs and we had a big problem, and two weeks ago we heard from the town DPW this morning that now that people are aware of what is going on, that it is a problem, now there is no problem there anymore. So, you know, a little education goes a long way and people have to be aware, be responsible for themselves. So it is really not about the dogs. MR. CUTLER: That is correct. Thank you very much. George Capon GEORGE CAPON: George Capon. I talked to the supervisor once before about on the cablevision. I thought way back when Martocchia was supervisor that anytime that the cablevision maker changed, that the town would have to be notified. What I am getting at is you have to have a box for every TV you have in your house. I have three TV's, so I have to pay extra money to have three boxes in there and I am just wondering if there is a law saying that the cablevision has to come to the town before they can do any of that kind of change? SUPERVISOR RUSSELL: That was a legal argument that we had tried to make with other towns when the cablevision converted over to digital format and then they required you to get the boxes for the extra connections. I believe that was a legal issue we explored with the other towns. We didn't have success in arguing that. we viewed that as a fundamental change of the franchise agreement because it was a de facto rate increase. When you are telling someone you have three connections to a cable now but now you are going to need three boxes and pay even $5, $6 a month whatever those charges are, we call that a de facto rate increase. We didn't have success in arguing that. to be perfectly candid, not to sound too cynical, I think the regulatory bodies at the federal level are very lenient with cable companies. We have a new franchise agreement that is going to be coming up next year, all these issues are going to be on the table with cablevision. We actually are going to partner with other towns in negotiating a franchise agreement. I think we are going to have a much stronger hand when we negotiate as a block of towns rather than the one town at a time approach that cablevision has successfully done over the years. They are going to be facing much stiffer competition now when we speak with one voice. MR. CAPON: We have, as I have said, three TV's and you can't watch three TV's but still you have got to have a box for each of them and it just doesn't make sense. SUPERVISOR RUSSELL: We agree. We agree. Who else would like to address the Town Board? Marie, please. Marie Domeniei MARIE DOMENICI: Marie Domenici, Mattituck. I have three questions. The first one is, since I wasn't at the work session today, what is the update on Love Lane? I was starting to get it from A1 but what is going on? July 3, 2012 Southotd Town Board Meeting Minutes. Page 36 SUPERVISOR RUSSELL: There are a couple of things, I don't want to speak for Chris because he represents us at the Transportation Commission but I know the Town Board today talked about a few things. First key is to let the public know where the municipal parking is. We have no signage up there. We need to improve that. I know Councilman Talbot and Councilman Ruland have agreed to go out and site locations for better signage, directing people to use the municipal parking lots. Secondly is, the chief of police has assured us he is going to provide more regular patrol and presence there to get people to honor the existing code, the existing traffic, speed limit, stop sign. All those things that seem to be taken for granted up there. So he is going to bring a bigger presence up there. He is also at the same time going to catalog what they see as some of the needs and some of the challenges that we might need to bring to bear in some future town action. MS. DOMENICI: Okay. Well, if they do want to catch the trucks, tell them to be there at 7:30 in the morning. Because that's... SUPERVISOR RUSSELL: Well, the police department is in business 24 hours a day. MS. DOMENICI: Yes, I know. I am sure. Okay, thank you for the update. The second thing I would like to ask the town, with daylight savings time such as it is, I have a street light that is across the street from my house and that light stays on until about 10 or 11 in the morning and in the interest of saving on your LIPA bill, do you not have timers on those things so you can adjust them to mm off at certain times? COUNCILMAN KRUPSKI: I think Marie is supposed to climb up there and turn it off every morning, when the sun comes up. SUPERVISOR RUSSELL: Didn't you read that in your deed? MS. DOMENICI: I didn't. SUPERVISOR RUSSELL: Let me just explain, it is a waste of electric, you are right but does the town get charged for that electric? No. Southold pays electric based on the wattage of the bulb, times the daylight hours, I am sorry, the nighttime hours. We get a calculated, fixed rate based on the wattage, multiplied by those hours. Daylight savings time is all accounted for, so we get multiplied by the, it is not metered, so there is no way for LIPA to bill us out for something that is not metered. So the calculate us on the formula of wattage versus nighttime hours. It is a waste of electric, I will certainly bring it to the attention of DPW but we are working with LIPA now to retrofit all of them. So, hopefully in the near future you are going to see a much more efficient and in many cases, the simple removal of lights were we don't need them. MS. DOMENICI: Maybe you could put little solar panels on those. The last question is, I saw there is litigation regarding new cingular wireless, what is bringing the suit? July 3, 2012 Southold Town Board Meeting Minutes Page 37 SUPERVISOR RUSSELL: Litigation regarding a specific application which had to do with a specific property in Orient. I just can't discuss the details of the litigation. But it was for a specific application. It wasn't some broad sweeping legal action to try to introduce cell towers throughout Southold Town. MS. DOMENICI: Okay. Thank you very much. Have a happy 4th. SUPERVISOR RUSSELL: Who else would like to address the Town Board? Hugh, did you want to talk bathometric studies? Okay. I was going to give you a chance to talk about bathometric studies or the new store, bathometric and beyond. We are getting Councilman Ruland a gift certificate to. Benja Schwartz BENJA SCHWARTZ: It is just that I am, some people do call me a sea captain and I do take these things very seriously and I see what is going on, where the currents are and w here the channels are and these issues to me are not funny. I am sorry. But you know, whatever. I am glad you are enjoying yourself. And I, you know, glad you are doing a lot of stuff. I congratulate you on the new website completion. It is going on next week, do you think Monday or? SUPERVISOR RUSSELL: We are working with the vendor now to get it live as quickly as possible. There is a lot of content that is getting put on. MR. SCHWARTZ: It is going on line next week I heard. SUPERVISOR RUSSELL: We hope so. MR. SCHWARTZ: Okay, right. I tried to make a joke. I am sorry. I see on the current website, the meeting website, there is a provision for people to comment on various agenda items, new capability on the website. It is hard to comment if you don't know much about the agenda items. You know, even this resolution and I also approve and endorse the New Suffolk waterfront but I would say that what does that mean. Yes. Well, just saying yes or just saying no, I would like to hear a little more than that. I am not prepared to speak on that topic tonight but I actually do, I am very familiar with that area and it is actually one of the, probably if not, well, no, I wouldn't say it's my favorite spot but I don't think I could give that designation to any one spot but it is one of the premium waterfront parcels in the whole Peconic estuary and I am really happy that its close to us and that it is going to be used for public access and public use and I think the town should support that in every way possible not just by giving approvals and endorsements when required. It is really not much of an endorsement if all you are saying is I approve it and endorse it, is it? COUNCILMAN KRUPSKI: They probably need it, it is probably a safeguard from New York States office of parks and rec and historic preservation, just to make sure there is no real conflict with the municipality and the area it is going, the money is going to go into. So they want to make sure that everything is on the up and up. July 3, 2012 Southold Town Board Meeting Minutes Page 38 MR. SCHWARTZ: I think you could possibly say a little more. Put some content into these. SUPERVISOR RUSSELL: You know, to be candid, we got the resolution from that group yesterday and I think you need to be fairer to that group. There are a lot of volunteers working really hard to cover all their bases and get the work done. They actually secured the grant but the State of New York, it almost like (inaudible) resolution. They want to spend the money in the town provided there is the support of the town. That is all this does, it supports everything they are doing. MR. SCHWARTZ: Just say no, just say yes. Alright, but I think there is more to it than that. I think this is going in a direction that the town should be pursuing with regards to other parcels and anyway, I am also in favor of it, so I am not so I am not trying to but you know, publicly available information is very important to me. I see you had some executive sessions today and litigation and you know you don't need to have an executive session for litigation. You realize that? you can all go in a room anytime, anywhere and discuss litigation with your lawyer. You don't need to call an executive session for that but every time I see the various litigations listed in executive session, I always wonder well, is there any is there anything that maybe the public should know? Is there any public information that is being discussed in that session? You know, if the town files a motion or the person suing the town files a motion a lot of times those are on line and people can read them and be informed of them but they are not going to be if they don't know that they exist. Is there any thing in connection with the Heritage that you can tell us about what is going on with that litigation, it has been pending for a year or so I think. SUPERVISOR RUSSELL: It's been more than a year. MR. SCHWARTZ: Without any real, but I see it periodically on the agenda. SUPERVISOR RUSSELL: Like many of the other cases that have been languishing and languishing for year after year. It's .... MR. SCHWARTZ: There is a reason you keep putting it on the agenda though. Or more than one reason. SUPERVISOR RUSSELL: Because... MR. SCHWARTZ: But we can't know that. Okay. The other thing that is missing from this is, here is the resolution to authorize, to make a contract with the Town of Southold and the Suffolk County Water Authority, again, this is considered a contract and it is being handled by the town attorney's department but it is something that affects all of us and I am assuming you did a good job on it, I don't know but couldn't there have been a copy of the document referenced from the agenda items so we could have clicked and looked at it? you know, because otherwise we are just wasting time or we have got to come into Town Hall to get the document and file a FOIL request. Something like that would be a public document. It would be discoverable but I don't feel we should have to go out of our way and we can't, it's impossible. We are busy, you know, everybody is busy. Is that document available? July 3, 2012 Southold Town Board Meeting Minutes Page 39 SUPERVISOR RUSSELL: I don't believe it is. I will defer to the town attorney. MR. SCHWARTZ: Can it be posted on line somewhere? SUPERVISOR RUSSELL: We don't even have a formalized document. JUSTICE EVANS: Inaudible. SUPERVISOR RUSSELL: Once it is fully executed. MR. SCHWARTZ: Once it is fully executed, there is not much anybody, I think it could be disclosed sooner. COUNCILMAN KRUPSKI: It is a good point but you will be disappointed when you get to read it I think. SUPERVISOR RUSSELL: Yes. MR. SCHWARTZ: Alright. Thank you very much. Supervisor Russell SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:22 P.M.  ~7~Eli~beth A. Ne~]ll~ Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Doherty, Kmpski Jr., Evans, Russell