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HomeMy WebLinkAboutTB-08/14/2012ELIZABETH 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: (631) 765 - 1800 southoldtown.north fork.net MINUTES August 14, 2012 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, August 14, 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 August 14, 2012 at Meeting Hall, 53095 Route 25, Southold, NY. William Ruland Town of Southold Christopher Talbot Town 0f South0id Jill Doherty Town of Southold Albert Krupski Jr. Town of Southold Louisa P. Evans Town of Southoid Title Councilman Councilman Councilwoman Councilman Justice Scott Russell T0wn 9f s0ut)0!d Supervisor Elizabeth A. Neville Town of Southold Town Clerk Martin D. Finnegan ~0~n ~f s0Uth°ld Town Attorney Status Arrived Present Present Present Present Present Present Present Present I. Reports 1. Town Clerk's Monthly Report 2. Town Clerk 2Nd Quarter Report 3. Town Clerk 1 St Half Report 4. Island Group - Claim Lag Report 5. Judge Bruer Monthly Report 6. Special Projects Coordinator August 14, 2012 Page 2 Southold Town Board Meeting Minutes 7. Zoning Board of Appeals Monthly Report 8. Program for the Disabled Monthly Report 9. Recreation Department Monthly Report 10. Department of Public Works 11. Board of Town Trustees II. Public Notices III. Communications IV. Discussion 1. 9:00 A.M. - Phillip Beltz, Heather Lanza, Mark Terry, Karen McLaughlin 2. 9:15 A.M. - Laura Klahre 3. 9:30 Am - Michael Collins, John Sepenoski, Jamie Richter 4. 10:00 Am - Legislator Edward Romaine 5. 10:30 Am - Charles Manwaring 6. Request from East Marion Fire Department for the Installation of a Firewell on Cedar Drive 7. LL/Amendments to Chapter 117 (To be Set for PH) 8. LL/Parking on Sound Avenue, Mattituck (To be Set for PH) 9. LL/Amendments to Chapter 111 (To be Set for PH) 10. EXECUTIVE SESSION- Labor 11. EXECUTIVE SESSION - Litigation 12. 10:45 Am- Chief Martin Flatley Pledge of Allegiance to the Flag Opening Comments Supervisor Scott A. Russell August 14, 2012 Page 3 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance. Thank you. Would anyone like to address the Town Board on any of the agenda items? (No response) V. Resolutions 2012-618 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated aeust 14. 2012. Vote Reeord ~Re~olution IL~S-2012-618 [] Adopted [] Adopted as Amended [] Defeated Ye~/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert IQupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-619 CA TE GO R Y: DEPARTMENT: Set Meeting Town Clerk Set Next Meeting 8/28/12 7.'30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held~ Tuesda¥~ August 28~ 2012 at the Southold Town Hall~ Southold~ New York at 7:30 P. M.. Vote Re~drd - Re~sol~ltion RES-2012-619 ~ Adopt~ as Amended Yes/Aye No~ay Abs~aln Absenl ~ R~cinded Scott Russell Vote' ~ ~ ~ ~ ~ Supt Hgwys Appt August 14, 2012 Page 4 Southold Town Board Meeting Minutes [] No Action 2012-620 CATEGORY: DEPARTMENT: Budget Modification Accounting Budget Modification for Personal Services Fiscal Impact: Provide appropriation for payment of accrued leave time for Sandi Berliner RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General Fund Whole Town budget as follows: From: A.1220.1.100.300 To: A. 1220.1.100.400 Supervisor, Vacation Earnings Total $10,900 $10,900 Supervisor, Sick Eamings Total $10,900 $10,900 Vote Record ~ Resolution RES-2012-620 [] Adopted [] Adopted as ganended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] 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 Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-621 CA TEGOR Y: DEPARTMENT: Authorize to Bid Public Works Manor Grove Demolition RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the demolition and removal of buildings and August 14, 2012 Page 5 Southold Town Board Meeting Minutes miscellaneous debris located at 68775 Route 25, Greenport~ NY (SCTM#1000-53-1-1.2)~ as per the plans and specifications prepared by Michael Collins, P.E., Office of the Town Engineer, subject to the approval of the Town Attorney. vote Ree°rd [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] ~ [] [] [] Withdrawn Christopher Talbot : Voter I~ [] [] [] [] Supervisor's Appt Jill Deherty Voter [] [] [] [] [] Tax Receiver's Appt Alber~ Kmpski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Cl~rk's Appt Scott Russell : Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-622 CA TEGOR Y: DEPARTMENT: Organizational Supervisor Secretary to the Supervisor SUPERVISOR'S APPOINTMENT Supervisor Scott A. Russell hereby appoints Lauren Standish Secretary to the Supervisor effective August 13, 2012 through December 31, 2012. ~' Vote Record - Resolution RES-2012-622 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent i William Ruland [] [] [] [] [] Tabled -- [] Withdrawn Christopher Talbot [3 [] [] [] [] Supervisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Town Clerk's Appt Louisa P. Evans [] [] [] [] [] Supt Hgwys Appt Scott Russell [] [] [] [] [3 No Action Comments regarding resolution 622 August 14, 2012 Page 6 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Let me just say, Sandi Berliner has left the office, she will be greatly missed. I have been very fortunate, I have had great staff in the past in Sandi and Ruthanne Woodhull, who retired, and I have been able to replace them with two wonderful people, Michelle Tomaszewski and now Lauren Standish so I am very fortunate. 2012-623 CATEGOR~ DEPARTMEN~ Equipment Town Clerk Donation to Town RESOLVED that the Town Board of the Town of Southold hereby accepts the donation of a Motorola model# CDM-1250 UHF hi-band fire radio from Neal Raymond of Shelter Island to be used by the Southold Town Emergency Management office all in accordance with the Town Attorney. ~ VQte R~eord - R~solution RES-2012~623 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot i Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] F1 [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [3 [] [] Supt Hgwys Appt [] No Action 2012-624 CA TEGOR ~ DEPARTMEN~ Budget Modification Solid Waste Management District SkVMD Budget Mod(fications Fiscal Impact: New brushes.fi~r sereeningplant; steel cutting edge.for CAT 966. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Solid Waste Management District budget as follows: From: SR 8160.4.100.615 (Maint/Supply 816B Compactor) SR 8160.4.400.680 (Trailer Fleet Repairs) SR 8160.4.400.681 (Kenworth Tractor Repairs) $ 250 $ 500 $ 25o August 14, 2012 Page 7 Southold Town Board Meeting Minutes SR 8160.4.400.685 (Repairs-Chevy P/U) SR 8160.4.400.655 (Repairs-CAT 966 Loader) SR 8160.4.400.850 (Refrigerant Removal) TOTAL: To.' SR 8160.4.100.573 (Maint/Supply Trommel Screen) SR 8160.4.100.551 (Maint/Supply CAT 966 Loader) $ 400 $ 7O0 $ 400 $ 2,500 $1,400 $1,100 TOTAL: $2,500 ,r Vote R~ord - ResolutiOn RES-2012-624 [] Adopted U Adopted as Atnended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland ~ Voter [] [] [] [] [] Withdrawn Chhstopher Talbot Seconder [] [] : [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans I Initiator [] [] ' [] [] [] Town Clerk's Appt Scott Russell Voter [] [ [] [] [] [] Supt Hgwys Appt [] No Action 2012-625 CA TEGOR Y: D EP.4 R TMENT: Attend Seminar Accounting Tuqf Seminar - DPW RESOLVED that the Town Board of the Town of Southold hereby grants permission to Deputy Town Comptroller Connie Solomon to attend a seminar entitled~ "Fundamentals of Cash Management in the Public Sector" at the Riverhead Town Hall~ Riverhead N Y on August 22~ 2012. The fee for this seminar is $95.00 which is chargeable to A.I 310.4.600.200 (meetings & Seminars). '/Vote Record - Resolution RES-2012-625 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled [] Withdrawn Christopher Talbot Initiator [] [] [5] [5] [] SupetMsor's Appt Jill Doherty Voter ~ FI FI D [] Tax Receiver's Appt Albert Krupski Jr. ~ Voter [] [3 FI [] [] Rescinded Louisa P Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action August 14, 2012 Page 8 Southold Town Board Meeting Minutes I I t 2012-626 CA TEGOR Y: DEPARTMENT: Budget Modification Highway Department 2012 Budget Modification - Highway Fiscal Impact: The reason for this budget line item change is due to the fact that the Equipment Parts/Supplies line needs to be increased due to the planned purchase o fa Line Striper. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Highway Fund Part Town budget as follows: From.'. DB.5142.4.100.935 To: DB.5110.4.100.550 Snow Removal Contractual Expense Supplies & Materials Rock Salt $ 5,000.00 TOTAL: $ 5,000.00 General Repairs Contractual Expense Supplies & Materials Equipment Parts/Supplies $ 5,000.00 TOTAL: $ 5,000.00 ,r' Vote Record - Resolution RES-2012-626 '- - [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Jill Doherty Initiator [] [3 [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell -- Voter El [] [] [] [] Supt Hgwys Appt ~ [] No Action 2012-627 CA TEGOR Y: Equipment August 14, 2012 Page 9 Southold Town Board Meeting Minutes DEPARTMENT: Highway Department AMENDED - Purchase Line Striper - State Contract Fiscal Impact: At the August 14, 2012, Town Board Meeting, Resolution 2012-627 was tabled. As Superintendent of Highways, I hereby submit a second request in order to receive approwd to purchase a line striping machine. The reas~n f~r this request is that the Highway Department ~ present p~rtable line striper is n~ longer reliable in the performance of its needed functions. After repeated repair attempts (as well as the recent purchase of replacement parts), it is no longer cost effective, in either time or money, to attempt .further repairs to try to make this equipment reliably operational. A new appropriation line item has been created specifically by the Accounting Department to accurately code this type of equipment and this change should be noted as well. RESOLVED that the Town Board of the Town of Southold hereby approves the purchase by the Superintendent of Highways of one (1) line striper from the Suffolk County (DPW) Contract #PLS-053013 as follows: One (1) new Graco 248863 LineLazer IV 3900 portable two-gun paint striper~ for the purchase price of $5~190.00~ and that the appropriation line to be charged for this equipment should be DB.5130.2.500.300. [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] 13 [] Withdrawn Christopher Talbot Voter [] [] [] {3 [] Supe~visor's Appt Jill Doherty Seconder [] [] [] [] [] Tax Receiver's Appt Albel~ Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P Evans Voter [] 0 [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No ActionNext: Aug 28, 2012 7:30 PM Comments regarding resolution 627 COUNCILMAN RULAND: I make a motion we table 627. COUNCILWOMAN DOHERTY: Second COUNCILMAN KRUPSKI: Discussion? COUNCILMAN RULAND: Sure. COUNCILMAN KRUPSKI: Why? August 14, 2012 Page 10 Southold Town Board Meeting Minutes COUNCILMAN RULAND: I don't know the reason why. I don't know the reason why to plan purchase this. We have one. Or we had one. Does it not work? Did it get stolen? Is it destroyed? I don't know the answer. I just know it is $5,190. There may be a good reason but we weren't provided with the reason. COUNCILMAN KRUPSKI: Mmmhmm. 2012-628 CA TEGOR Y: DEPARTMENT: Close/Use Town Roads Town Clerk Cutchogue New Suffolk Historical Society Antique Car Show Fiscal Impact: Police Department cost for this event = $131.68 RESOLVED that the Town Board of the Town of Southold hereby grants permission for the closure of Case's Lane from Fairway Drive to the Main Road~ for the "Back in Time before '49" Antique Car Show on the Cutchogue Village Green~ on Saturday~ October 20~ 2012~ (r/d Oct 21) from 9:00 AM to 4:00 PM provided they closely adhere to the following five (5) conditions: 3. 4. 5. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured. Coordinate traffic control upon notification of the adoption of this resolution with Captain Kruszeski No objects of any kind shall be thrown to event spectators. No permanent markings be placed on town, county or state roads or property for The event. Any temporary non-permanent road markings or signs for the event must 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 have been waived. Vote Record - Resolution RES-2012-628 [] Adopted [] Adopted as Amended [] Delmar ed Yes/Aye No/Nay Abstain Absent [] Tabled ] William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] 0 [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. hritiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [3 [] [] Supt Hgwys Appt I [3 No Action August 14, 2012 Page 1 t Southold Town Board Meeting Minutes Comments regarding resolution 628 COUNCILMAN RULAND: I will second with a comment and that is, somehow we need to make the provisions of the stipulations 1 through 5, that they are there for a reason and I know in the last three or four events that have taken place in the town that number 4 has been totally ignored. We have streets that have so many marks near the intersections that if you could figure out what they all were, and certainly there are marking materials that you can put on there that are really of a temporary nature. COUNCILMAN KRUPSKI: Sure. COUNCILMAN TALBOT: I agree. COUNCILMAN RULAND: That is my comment. COUNCILMAN KRUPSKI: Betty, I am going to abstain, since I may be participating in that event. SUPERVISOR RUSSELL: I think if you read this it is pretty clear, it is back in time prior to 1949. I think we all agreed to enter Bill. 2012-629 CATEGORY: DEPARTMENT: Employment - FIFD Accounting Employment Seasonal Part Time Purxer RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the following resolution of the Fisher Island Ferry District adopted August 7, 2012: RESOLVED, that, effective June 6, 2012, the District appoints Stephanie Jaworowicz as a seasonal part-time purser. RESOLVED, that, effective June 7, 2012 at 23:59 p.m., the District terminates the employment of Stephanie Jaworowicz as a seasonal part-time purser. Vote Record - Resolution RES-2012-629 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Del~ated William Ruland Voter [] [] [] [] [] Tabled Christopher la Ibot Seconder [] [3 [] [] [] Withdrawn Jill Doherty Voter [] [] [] [] [] Supcrvisor's Appt Albert Krupski Jr. Voter [] [3 [] [] [] Tax Receiver's Appt Louisa P. Evans Initiator [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] [] Town Clerk's Appt [] Supl Hgwys Appt August 14, 2012 Page 12 Southold Town Board Meeting Minutes [] No Action 2012-630 CA TEGOR Y: DEPARTMENT: Budget Modification Accounting Budget Modification-Highway Debt Service Fiscal Impact: Provide additional appropriation for Bond Anticipation Note principal redemption RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Highway Fund Part Town budget as follows: From: DB.9710.7.000.000 Serial Bond Interest $1,000 Total $1,000 To: DB.9730.6.000.000 BAN Principal $1,000 Total $1,000 Vote Reeord- Resolution RES-2012-630 [] Adopted [] Adopted as Amended [] Dei~ated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Jill Dohe~ly Voter [] [] [] [] [] Tax Receiver's Appt Albe~ Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P Evans Seconder [] [] [] [] [] Town Clerk's Appt Scotl Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-631 CATEGORY: Policies DEPARTMENT: Accounting Procedures,/bt Bonding Post-Issuance Compliance WHEREAS Municipalities that borrow money on a tax-exempt basis are now required to report to the Internal Revenue Service whether they have established written procedures to comply with August 14, 2012 Page 13 Southold Town Board Meeting Minutes applicable requirements of federal tax law for all issues of bonds, bond anticipation notes, tax anticipation notes, revenue anticipation notes, financing leases, energy performance contract financings, and any other instruments evidencing the borrowing of money (collectively the "Obligations"), and WHEREAS said procedures will assist the Town of Southold in meeting the post-issuance requirements of federal tax law necessary to preserve the tax-exempt status of interest on tax- exempt Obligations issued by the Town, now therefore be it RESOLVED that Town Board of the Town of Southold hereby adopts the Procedures for Post- issuance Compliance with Federal Tax Law dated August 14, 2012. Vote Record - Resolution RES-2012-631 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] 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 Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-632 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Land Preservation Bittner Preserve Grant Extension #C006877 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Modification Agreement Form between the Town of Southold and the New York State Department of State in connection with a no-cost time extension extending the term of the Contract #C006877 The Bittner Preserve Improvement Project to December 31, 2013, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2012-632 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended August 14, 2012 Page 14 Southold Town Board Meeting Minutes [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-633 CA TE GO R Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute the Agreement Between the Town of Southold and the Suffolk County Office for the Aging RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and the Suffolk Coun ,ty Office for the Aging for the Town to receive funding under the AAA Transportation Program, IFMS No. 0000000 No. 001-6806-4980-95285, for the period April 1, 2012 through March 31, 2013 (with one extension at the County's option), subject to the approval of the Town Attorney. ~ ~ote Record - Resolution RES-2012-~ [] Adopted [] Adopted as Amended El Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland : Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] El [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Initiator [] [] [] O [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [~ [] [] [] [] Supt Hgwys Appt [] No Action 2012-634 CA TEGOR Y: DEPARTMENT: Litigation Town Attorney Retain Frank Isler as Special Counsel/Go Green Litigation RESOLVED that the Town Board of the Town of Southold hereby retains Frank A. Islet, Esq. as Special Counsel in the Supreme Courh Suffolk Coun .ty civil action entitled "Town of Southold v. Go Green Sanitation lnc.a et al." under Index No. 12-20159. ~ Vote Record - Resolution RES-2012-634 [] Adopted I Yes/Aye No/Nay Abstain Absent [ [] Adopted as Amended I W,Ibam Ruland Vote, ~ [] [3 [] August 14, 2012 Page 15 Southold Town Board Meeting Minutes [] DetEated Christopher Talbot Seconder [] Tabled Jill Doherty Voter [] Withdrawn Albert Krupski 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 2012-635 CATEGORY: Public Service DEPARTMENT: Town Attorney Unsafe Building/Hoffman WHEREAS, the Zoning Inspector of the Town of Southold inspected the property owned by Kyle and Carol Hoffman and located at 270 Illinois Avenue, Mattituck, SCTM #1000-113-11- 18.1 and prepared a written report of his findings in the form ora Notice dated June 28, 2012; and WHEREAS, the Zoning Inspector determined the structure and the property to be unsafe and unkempt due to inadequate maintenance, neglect, dilapidation and abandonment; and WHEREAS, said Notice was sent certified mail to the property owner; and WHEREAS, the Notice advised the property owner that the property must be made safe, and if the owner failed to comply, that a hearing would be held before the Southold Town Board on July 31, 2012 at 9:00 a.m.; and WHEREAS, the owner failed to make any remediation to the premises prior to said date; and WHEREAS, the Southold Town Board held a hearing pursuant to Chapter 100 of the Southold Town Code on July 31, 2012 at 9:00 a.m. The Southold Town Board heard testimony from Damon Rallis, Zoning Inspector, and reviewed documentary evidence, including notice sent to the property owner and photographs of the premises. The property owner did not appear and did not respond to any notices or communications t?om the Zoning Inspector; now, therefore, be it RESOLVED that, pursuant to the provisions of Chapter 100 of the Southold Town Code, the Town Board of the Town of Southold hereby determines that the premises located at 270 Illinois Avenue~ Mattituck~ is unsafe and dangerous to the public in its current state; and it is further August 14, 2012 Page 16 Southold Town Board Meeting Minutes RESOLVED that the main structure be secured, and the overgrown lawn be cut back; and it is further RESOLVED that the Town will perform such work on the property to make the premises and structure safe, and assess all costs and expenses incurred by the Town in performing such work against the land on which said buildings are located. Vote Record - Resolution RES-2012-635 1~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulm~d Initiator [] : [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] F1 [] Town Clerk's Appt Scott Russell Voter ~ [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 635 COUNCILMAN TALBOT: I vote no on that. I have got to make a comment because I disagree with this type of work, I voted for it before where it is unsafe to the public but I submitted to the Board today a copy of something from legal aspects of code enforcement, acceptable searches of property; from any area where you are lawfully allowed to be at and from which point the violation can be seen in plain view an inspector may look into any area which is in plain view in a location where the owner does not have a reasonable expectation of privacy. An example would be looking at the property from a sidewalk. Unacceptable searches would be trespassing, conducting a search where you are not lawfully allowed to be which will invalidate the search. We have many properties around town that are partially overgrown but in this case, I don't feel it was unsafe to the public. It may have been unsightly but it certainly was not unsafe because a door was open. So 1 vote no. 2012-636 CA TEGOR Y: DEPARTMENT: Local Law Public Hearing Town Attorney 9/11/12 PH ~ 4.'34 PM - LL/I 17 Amendments WHEREAS, there has been presented to the Town Board of the Town of Southold, Suftblk County, New York, on the 14th day of August, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 117~ Development Rights~ Transfer oft in connection ~vith Sanitary Flow Credits" now, therefore, be it August 14, 2012 Page 17 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 11th day of September, 2012 at 4:34 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 117, Development Rights, Transfer of, in connection with Sanitary Flow Cred ts reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 117~ Development Rights~ Transfer oft in connection with Sanitary Flow Credits". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 117 of the Code of the Town of Southold is hereby amended as follows: §117 :-'"-+ ' -1 n ......... .~ ........ Title. This chapter shall be known as the "Transfer of Sanitary Flow Credits" {}117-t- 2. Purpose and intent. As set forth in numerous comprehensive planning documents, the Town's goals include the preservation of open space, aghcultaral lands and recreational landscapes; preservation of the rural, cultural, and historic character of the hamlets and surrounding countryside; preservation of the natural environment and prevention of further deterioration of resources; preservation and promotion of a broad range of housing and business opportunities to support a socioeconomically diverse community; and increased transportation efficiency. To achieve these goals it is the intent and purpose of this chapter to provide for the transfer of sanitary flow credits, if certain conditions are present, and thereby transfer development potential from areas designated for preservation to areas designated as more appropriate for higher-density residential expressly permitted herein, the transfer of ......t~ ....... ~, ............. ~ development. Unless ' ' ' '~"~ ..... + ~+~-+;~ .... sanitary flow credits shall not occur in the Town of Southold. {}117-3 3. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). TRANSFER OF ..... O ................ SANITARY FLOW CREDITS - The process by August 14, 2012 Page 18 Southold Town Board Meeting Minutes which .... ' ..... , .4.~.,~ d ..... v ......... e*-~o sanitary flow credits are transferred from one lot, parcel, or area of land in any sending district to another lot, parcel, or area of land in one or more receiving districts. §117-3 4. r,.,,.,o~. ~.vt,---~--* ---~,---~°:n~'*~ Ban!: Applicabili ,ty and general prohibition. Applicability. Any and all sanitary flow credit transfers within the Town of Southold shall be in accordance with this chapter. General Prohibitions. 1. If not expressly permitted within this chapter, the transfer of sanitary flow credits is prohibited. 2. All transfers of sanitary flow credits from parcels located outside the Town of Southold boundaries are prohibited. 3. All transfers of sanitary flow credits from or to properties that are not recognized pursuant to §280-9 of the Town Code or that do not contain sufficient "Buildable Land" area, as defined in §280-4 of the Town Code are prohibited. §117-3 5. Development Rights Bank. estabhshes a ................. v .......... ~,~ Sanitary Flow Credit Bank The Town hereby ' ~ .... c~ r~-,~ ..... , o:n~,~ ~n which ...... v ....... ~g~ts sanita~ flow credits may be received, retained (TDR SFC Ba~) ' · a~.~ ..... · and sold by the Town Board in the best interests of the Town. All~-'~. ~.~v...~..~ ~"~*~.~.,o sanit~y flow credits tr~sfe~ed into the b~k must first be acc~ted by Town Board resolution in accordance with the te~s of this chapter. All receipts and proceeds ~om sales of~ "~'~ sanita~ flow credits sold from the Town bank shall be deposited into a special municipal account known as the "Community Prese~ation Fund," to be used in a manner specified in Chapter 17 of the Town Code. The only development right that may be transferred into and out of the TDR SFC Bank is a sanitary flow credit. The lands from which '~ '~' ...... '~'~"~ sanitary flow credits to be transferred into the bank were acquired shall remain preserved in perpetuity by a permanent conservation easement or other instrument that similarly preserves community character as defined and set forth in the definition of "community preservation" in Chapter 17 of the Town Code. The easmnent or other document shall be in a form approved by the Town Attorney. §117-4 _6. Sanitary flow credit transfer. The sanitary flow credit transfer will allow the Town to bank sanitary flow credits from preserved land in the TDR SFC Bank, and later sell those credits for use exclusively in connection with affordable housing. The sale price of the credits shall be determined by resolution of the Town Board, and shall consider such factors as the appraised value of the sanitary flow credit and the public benefit provided to the community. All transfers of Sanitary Flow Credits within the Town of Southold ~ must pass through the TDR August 14, 2012 Page 19 Southold Town Board Meeting Minutes SFC Bank. Designation of sending and receiving districts. (1) The sending district shall be any zoning district in the Town of Southold that is not defined as a receiving district. (2) The receiving district shall be any lands designated Business (B), Hamlet Business (HB), Residential Office (RO), or land designated as Affordable Housing District (AHD) at~er March 1, 2005. Designation of development fights. A development right for the purposes of this chapter, shall be limited to a sanitary flow credit. §117-5 7. Determination of sanitary flow credit to be deposited into ~ SFC Bank. Upon receipt of a contract (executed by the seller) for the Town's acquisition of a parcel of property or the development rights thereon, and prior to the public hearing on the purchase, the Land Preservation Coordinator shall provide to the Town Board a calculation of the sanitary flow credits available, subject to survey, for transfer from the parcel of property upon the closing of the contract in accordance with its terms. Following the closing on the parcel, sanitary flow credits shall be placed into the Town TDR SFC Bank by resolution of the Town Board, which resolution shall set forth the number of sanitary flow credits and the source of the credits. The Town Clerk shall maintain a log detailing the credits transferred into the bank, as provided by the Land Preservation Coordinator in a form approved by the Town Board. The Town Clerk shall forward the resolution to the Tax Assessor's office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town database and GIS system. §117-68. Irreversible transfer. No ~ sanitary flow credits shall be transferred back to the sending parcel once the development rights have been transferred. No devc,cpmcn, Ng:,,g sanitary flow credits may be transferred out of a parcel which has previously had all of its development rights extinguished under the Town of Southold, Suflblk County or New York State acquisition of development rights program or other easement, transfer, restrictive covenant or otherwise. a~"~ ..... ' sanitary flow credit from the T4~R §117-7_9. Procedure for transfer of ...... v ....... -~:-~"-s--- SFC Bank to receiving district. Upon application of the owner of an individual parcel in a receiving district, the Town Board may permit the transfer of a 0x~e!opmea~L~ sanitary flow credit to such parcel by proceeding in the manner set fbrth below: Notice to adjacent property owners shall be given by the applicant in the same manner as set forth in § 280-159 relating to change of zone applications. The Town Board, before publishing notice for a public hearing, shall comply with all August 14, 2012 Page 20 Southold Town Board Meeting Minutes State Environmental Quality Review Act (SEQRA) requirements, and costs associated with review shall be paid by the applicant. The Town Board, before publishing notice for a public heating, shall, in a written request, instruct the Town Planning Board and the Building Inspector to prepare an official report regarding the proposed transfer, including the Planning Board recommendations. The Building Inspector report shall certify the use in the zone proposed and comment on the proposed project. The Planning Board report and recommendations shall consider the factors set forth in § 117-7E below. The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed transfer and cause at least 10 days' notice of such heating to be published in the official newspaper. Before the transfer of ~s~q~ sanitary flow credits may be authorized to any receiving district, the Town Board shall determine, after evaluating the effects of potential increased development which is possible under the transfer of development rights provisions, that the district contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection, and that there will be no significant environmentally damaging consequences, and that such increased development is compatible with comprehensive planning and the development otherwise permitted by the Town and by the federal, state and county agencies having jurisdiction to approve permissible development within the district. ......... ~ ^~ ~ ~:~.4~ ;~ ...... ~ S it y fl dit h 11 t b fen: d ............. , ............... , ...... v .... an ar owcre ss a no etrans e out of the school, special assessment or tax districts unless the Town Board determines that there is no other available lot within said district to which a sanitary flow credit may reasonably be transferred and that the transfer does not unreasonably transfer the tax burden between the taxpayers of such districts. Following the public hearing, the Town Board may by resolution authorize the transfer of sanitary flow credits. The resolution shall state that the applicant shall receive a sanitary flow credit certificate, which shall not be signed by the Supervisor and released by the Town Clerk to the applicant until the covenants and restrictions as set forth at § 117-9 have been filed and such filing has been approved by the Town Attorney. §117-8 10. Sanitary flow credit certificate. An applicant must obtain and present a sanitary flow credit certificate to the Building Department prior to receiving a building permit. The sanitary flow credit certificate shall state the specific use for the transferred credit and may be used only for construction of the project listed on the certificate. The Town Clerk shall maintain a log detailing the sanitary flow credit certificates that have been issued by the Town Board, and such log shall contain the source and location of the transferred credit. The Town Clerk shall provide notice of the issuance of a sanitary flow credit certificate to the Town Attorney, Tax Assessors Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department. August 14, 2012 Page 21 Southold Town Board Meeting Minutes §117-911. Covenants and restrictions. Following the Town Board resolution granting a transfer of a sanitary flow credit to a recipient pursuant to the procedures set forth in this chapter, the applicant shall file in the office of the Suffolk County Clerk covenants and restrictions in a form approved by the Town Attorney. The covenants and restrictions shall contain terms and conditions as the Town Board and the Planning Board deem necessary to ensure that the dwelling unit created by the transferred credit remains affordable in perpetuity, and shall be leased or sold only to eligible individuals registered with the Town of Southold Housing Registry. The sale and/or lease of the dwelling unit that has been constructed with the transferred credit shall be administered through the Town of Southold pursuant to the provisions of Chapter 34, Housing Fund, and §§ 280-24 through 280-33 (AHD), and the sale and/or lease price shall be set by resolution of the Town Board. A copy of the filed covenants and restrictions must be filed with the Town Clerk within 30 days of the approving resolution. No sanitary flow credit certificate shall be issued until the covenants and restrictions have been filed and such filing has been approved by the Town Attorney. The Town Clerk shall forward the covenants and restrictions to the Town Attorney, Tax Assessor's Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town database. §117 I0 12. Revocation. Failure to comply with any of the requirements set tbrth in this chapter may result in revocation of the transferred sanitary flow credit. A sanitary flow credit may be revoked by Town Board resolution, following a public hearing, after 10 days' written notice of the hearing, by personal service or certified mail, has been given to the property owner. §117 11 1~3. Expiration. Any sanitary flow credit transferred to a recipient fbr construction of a dwelling unit shall expire and be returned to the bank one year after transfer if the dwelling unit has not been issued a certificate of occupancy, unless an extension of time has been requested by the property owner and granted by the Town Board. A request for an extension of time shall be made one month in advance of the expiration. A sanitary flow credit shall be returned to the bank by resolution of the Town Board, and notice thereof shall be given by the Town Clerk to those Town departments referenced in §117-8D. §117-~214. Return of credit. In the B, HB or RO Zoning District, a property owner may apply to the Town Board to return the transferred sanitary flow credit to the bank and extinguish the aflbrdable housing covenants and restrictions applicable to the property. The Town Board shall hold a public hearing on the application, and notice shall be given in accordance with Chapter 55, Notice of Public Hearings. A sanitary flow credit shall be returned to the bank by resolution of the Town Board, and notice August 14, 2012 Page 22 Southold Town Board Meeting Minutes thereof shall be given by the Town Clerk to those Town departments referenced in § 117-8D. Il. 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. 1II. EFFECTIVE DATE. This chapter shall take effect immediately upon filing with the Secretary of State as provided by law. Vote R~cord - Re-~ol~tion RF.8-7,012436 ~ Defeat~ Yes/Aye : No/Nay Abstain Absent D Wi~dmwn C~stoph~ Taint Vot~ ~ D ~ ~ ~ Tax R~eiv~s Appt Alb~ ~pski Jr. Vot~ ~ ~ ~ ~ ~ To~ CI~'s Appt ScoR R~sell Vot~ ~ ~ ~ ~ 2012-637 CA TE GO R Y: DEPARTMENT: Legislation Town Attorney LLMmendments to Chapter ll 7 to SCPC & PB RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to forward the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 117~ Development Rights, Transfer oft in connection with Sanitary Flow Credits" to the Suffolk Coun .ty Planning Commission and the Southold Town Planning Board for their review and recommendation. Vote Record - Resolution RES-2012-637 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Initiator [] [] [] [] [] Defeated [] Tabled Christopher Talbot Voter [] [] [] [] [2] Withdrawn Jill Doherty Voter [] [] [] [] [] Supervisor's Appt Alber~ Kmpski Jr. Seconder [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] August 14, 2012 Page 23 Southold Town Board Meeting Minutes [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-638 CA TEGOR Y: DEP~4RTMENT: Local Law Public Hearing Town Attorney 9/11/12 PH (~ 4.'32 PM - LL/Parking Sound Ave, Matt WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 14th day of August, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 260~ Vehicles and Traffic~ in connection with Parkin? on Sound Avenue in the hamlet of Mattituck" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 11th day of September, 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 260, Vehicles and Traffic~ in connection with Parking on Sound Avenue in the hamlet of Mattituck" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 260, Vehicles and Traffic, in connection with Parking on Sound Avenue in the hamlet of Mattituck". BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose. Parking and standing on Sound Avenue in the hamlet of Mattituck has resulted in conditions that impact the public health, safety and welfare in the surrounding community. The conditions consist of undue congestion, restrictions on access, pedestrian safety as well as other dangerous traffic impacts. Accordingly, it is necessary to impose parking limitations in this area to protect the residents of the Town and the orderly use of Town roads by amending Chapter 260. II. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: §260-15. Parking or standing prohibited during certain times. August 14, 2012 Page 24 Southold Town Board Meeting Minutes The parking or standing of vehicles is hereby prohibited during the months and hours (both inclusive) in any of the following locations: Name of Street Side Sound Avenue North During Months and Hours At all times Location In Mattituck from the westerly curbline of Hallock Lane west for approximately 350 feet Name of Street Side Sound Avenue South During Months and Hours At all times Location In Mattituck from a point approximately 310 feet west of Aldrich Lane, west for approximately 616 feet III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided 3y law. ,/Vote Record - Resolution RES-2012-638 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot -- Voter [] [] [] [] [] Supervisor's Appt Jill Dohenty --~' Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] [] [D Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] ~ [] [] Supt Hgwys Appt [] No Action 2012-639 CA TE GO R Y: DEPARTMENT: Trailer Permit Town Clerk Manwaring Trailer Permit August 14, 2012 Page 25 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby grants approval of the trailer permit application of Charles Manwaring dba Southold Fish Market, Southold, New York, for a period of three (3) months from date of issuance, to locate a trailer on the property at 64755 Route 25, Greenport, NY, SCTM # 1000-56~4-22 to be used as a temporarily retail fish market, subject to the written authorization of the owner of record of the subject premises. Any further extensions of this permit are subject to the submission by Mr. Manwaring of applications for all re~ .uired regulatory approvals prior to the expiration of the original trailer permit. · ~' V~.~e R~c~ -ResolUtion RES-.~12-639 ~ Adopt~ ~ Wi~ Chfistoph~ Taint ~ Sup~iso~s Appt Jill ~h~y ~ R~chd~ ~uisa P. Evans ~ Supt Hgwys Appt Closing Comments Supervisor Russell SUPERVISOR RUSSELL: That concludes the business of the agenda. I would invite anybody that would like to comment on any issue to please feel free? Robert Dunn, Peconic ROBERT DUNN: Robert Dunn, Peconic. I just wanted to ask you if anything had been done or come up about the driftwood issue? SUPERVISOR RUSSELL: You are talking about the driftwood or the parking? MR. DUNN: Inaudible. SUPERVISOR RUSSELL: Yes, what had happened was I found out who the contractor was and called him and expressed our concerns that you are not allowed to take a chainsaw on town property and gather firewood or gather driftwood. People that go and collect driftwood at beaches is one thing but taking equipment .... MR. DUNN: Yeah, someone with a piece but this guy showed up with 15 people and two trucks .... August 14, 2012 Page 26 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: i know and it won't happen again. I reached out to the contractor. It won't happen again. MR. DUNN: Okay. And just a follow up to this morning, you were talking about the thing with the deers and you had mentioned the lack of support from city legislators. SUPERVISOR RUSSELL: Yes. MR. DUNN: I think there is probably a lot more juice here on the south shore with city legislators than anybody might realize and there might be some way to reach out to the people who are affected. They live in the city but they have second homes here... SUPERVISOR RUSSELL: Right. MR. DUNN: And you will find that people that have the second homes tend to be a little higher up the ladder and are contributing to those very people that might be fighting their interests out here. So those people have dual interests and it might be in this meeting that you were speaking in September, you might raise that issue. SUPERVISOR RUSSELL: Oh, I certainly will. That is an excellent idea, I am sure. MR. DUNN: Okay, thank you. SUPERVISOR RUSSELL: Thank you. COUNCILMAN RULAND: Sir, I think as we follow up with Legislator Romaine's idea, we will really see, won't we? We should pay close attention because .... MR. DUNN: There are a lot of people (inaudible) COUNCILMAN KRUPSKI: That is true. MR. DUNN: There are some upstate counties that are in the same position, Dutchess and Columbia, primarily second home people. SUPERVISOR RUSSELL: We will certainly, any messenger that is willing to carry the message back to their legislator where they reside in the winter in New York City will certainly be welcome and we will do everything that we can to encourage broader participation to make that happen. Thank you. Marie? Marie Dominici, Mattituck MARIE DOMENiCI: Marie Domenici, Mattituck. First of all, I would like to thank the Board tbr letting me speak at the work session because I was going to explode ill didn't get the chance to talk about the concerns with the mosquitoes and the ticks and the deer and all of that and I appreciate the Town Boards, you know, intention to try and find some resolve which is not going to be an easy one because I think many things have to happen in ordcr for one thing to really be August 14, 2012 Page 27 Southold Town Board Meeting Minutes accomplished. But I would like to say that I think it is important that we do follow through and you know, I am gravely concerned as I expressed at the last meeting so if the spraying of pesticides seems to be the only solution for whatever we are treating and we need to ensure that we have other options available to us and as Al Krupski had mentioned, maybe doing controlled bums or whatever and maybe that is not environmentally good thing to do but sometimes we have to chose the lesser of the two evils and it is people versus deer, you know, I don't know how you come to the conclusion but I am thinking deer doesn't, they don't pay taxes so I am thinking that people might be the, you know, sole survivor or the last man standing. So you know, I would encourage us to further pursue this and also, we talked about the town is updating their website and it should be up and running in a couple of weeks, as you indicated Scott and I think that would be a great opportunity for people to voice their concerns about whatever it is that concerns them, this way you guys can kind of see what the majority is looking at and what takes precedence in the town as far as the people are concerned. So I think that is a great tool that you are going to make available to everyone. And as far as resolution 635 today, is that property totally abandoned and overgrown? The one in Mattituck on Illinois Avenue? SUPERVISOR RUSSELL: It would appear to have been abandoned. We haven't been successful in reaching the owner and getting a response from the owner. Under, I believe current assessment roles, there is still an owner of record. All we have is anecdotal evidence to suggest that a bank might be moving in. I don't know. All I know is, we tried to reach out to the owner of record and we haven't been successful. MS. DOMENICI: Well, I mean, this is some of the delinquency that contributes to the tick population and mosquito population. So if it is overgrown and you know, if we could just kind of manage that aspect of it. you know, I certainly don't want the town to be you know, putting themselves at risk but I mean, you do what you know you do so I guess it is permissible. So I would you know, encourage you to, you know, cut that stuff down so we can cut down on the other issues. One other question I have and it is kind of off the beaten path but I remember hearing conversation some time ago about the zoning of Plum Island and I was just wondering where the town is with that? is there any discussions going on about that and if so, what would it be? SUPERVISOR RUSSELL: All indications from the federal government are that Plum Island is going to continue to stay an operational facility for many years. We have discussed the prospect of zoning the island and I suspect, we probably put it to the back burner for the time being. We should probably take it up again but I think as a practical reality, Plum Island is going to stay a functioning federal facility for the foreseeable future. I think the NBF fucility was a flight of fancy that is not going to take place. And the original proposal under federal law which was to sell Plum Island to help finance the NBF, I think the GSA did the numbers and the numbers don't add up. 1 think leaving Plum Island an active, productive part of the science industry is very important and I think it has good allies and supporters in our federal representatives to stay just as is. COUNCILMAN KRUPSKI: I think zoning it would send a clear message to Congress that Southold Town can control its own late better than they can, so I think we should still pursue it. August 14, 2012 Page 28 Southold Town Board Meeting Minutes MS. DOMENICI: Okay, now if I remember reading somewhere and you can correct me if I am wrong, that there are 48 brown fields or cleanup sites on Plum Island. COUNCILMAN KRUPSKI: I don't know. SUPERVISOR RUSSELL: I don't know, their environmental impact statement would probably disclose much of the cleanup there but again, everything is a cost of cure versus the underlying value and again, I don't think the math adds up to sell the island. And they just invested a substantial amount of money in the existing infrastructure. My understanding was the Chief of Homeland security, Janet Napolitano, was out here herself just a few months ago to let them know they are doubling down, they are reinvesting in the island and those people's jobs are secure. MS. DOMENICI: Okay, well that is good to hear. But as far as the cleanups, even if there is two brown fields, who is responsible for that? I mean, how does that work? Or does it just stay that way? SUPERVISOR RUSSELL: It is the federal government and I imagine they will do what they do in many cases, which is to ignore it. It is not a good thing, it is just the reality. COUNCILMAN KRUPSKI: And if they continue to operate the way they are, it is not an issue. People work there and it is a safe place to work. So, you know, we do have the support of Congressman Bishop, who is against the sale. So we do have our representative who is against the sale of the island but I think it is up to Southold Town to zone it to send a clear message. MS. DOMENICI: Okay. And if zoning were an option, what, I mean, what would be the option to zone it as what? COUNCILMAN KRUPSKI: diverse options. Research facilities, energy production, there are all sorts of SUPERVISOR RUSSELL: Them is an infrastructure already there that supports research and scientific pursuits. That would make sense in that small area that is developed. The rest of the island is a de facto preserve right now. It is a preserve because no one has access to it. it would make sense to put zoning in place that would recognize that as a preserve and provide some sort of meaningful public access. But regulated access so it is not just willy nilly. Because you want to protect what you essentially want to protect by the legislation. But to have a research component there that continues to be a good employer tbr the town is probably very important. MS. DOMENICi: So what is the zoning today? SUPERVISOR RUSSELL: There is no zoning. It was bought by the federal government prior to the adoption of zoning in Southold Town in 1959. August 14, 2012 Page 29 Southold Town Board Meeting Minutes MS. DOMENICI: Okay. Thank you very much for your time. Have a nice evening. SUPERVISOR RUSSELL: Thank you. COUNCILMAN KRUPSKI: Thanks. SUPERVISOR RUSSELL: Would anybody else like to comment on any issue? Benja Schwartz, Cutchogue BENJA SCHWARTZ: Benja Schwartz, how you doing? I didn't know if there was any agendas left. A lot of agendas left. Not a lot of people here. I guess everybody's happy, right? COUNCILMAN KRUPSKI: We are happy. MR. SCHWARTZ: Are you? COUNCILMAN KRUPSKI: Yes. MR. SCHWARTZ: Really. COUNCILMAN KRUPSKI: Sure. MR. SCHWARTZ: Well, I am a happy guy too, you know that? I am so happy that I am going to share a poem with you. I have a couple of issues but I would like to start with a little poem. This poem is so new that I haven't even read it myself; so it might be a little rough but it is called positive vibration. Yes, to peace and community. No to war and exclusionary politics. I am speaking for the clams in Cutchogue, the mussels in Mattituck, the oysters in Orient, the steamers in Southold and the grapes in Greenport. Collectively and synergistically, we will try to keep working together creatively. Will you ever stop dividing and destroying us? You cannot hear me because you don't know the difference between a crowd and the cloud. Let the children teach the old folks instead of putting them in schools to learn which rules they can get away with breaking. Who asked you to trash our recycling organization. Stop green, go red you said. Our love is not dead. Thank you. I am guessing you don't want to talk about the recycler coordinator position. Does anybody want to talk about the recycling coordinator position? SUPERVISOR RUSSELL: I will clarity something you keep saying which is I told you there would never be a recycling coordinator tbr Southold Town. I never said that, Benja. I told you that the budget doesn't allow for us to pay someone and that is tbr the foreseeable future given the current economic crisis. But I never said we would never fill the position either, with a part timer or with someone who would volunteer. I might have said to you that I would never appoint you to the position. That, I admit, I might have said. But it is a very different issue than the position itself. We do have a solid waste management officer there that we would like very much to get more into the recycling component, reaching out to the schools etc. and we have been discussing that with him right along. August 14, 2012 Page 30 Southold Town Board Meeting Minutes COUNCILMAN KRUPSKI: Just to follow up on that, we had the alternative energy committee meeting on Wednesday and the, unfortunately the manager at the dump couldn't make the meeting because he was scheduled to come as was the superintendant of Southold school, who couldn't make the meeting, was also scheduled to come because we are trying to implement a program this fall with the schools, to get the schools involved in recycling. MR. SCHWARTZ: I am very glad to hear about that and how did that program, who initiated that program? COUNCILMAN KRUPSKI: Well, I don't know, it was initiated by the energy committee but it certainly is being .... MR. SCHWARTZ: I don't believe the energy committee initiated it, although I very admire the work of the energy committee, I think we need to give the credit to the children in the schools. I think they were the ones that brought the request to the Town Board on improving the recycling in the schools. It was a couple of years ago but I am glad that you are finally thinking about doing something about that. Mr. Russell, you and I can disagree with what you said but it is on the tape. Unfortunately, my requests for copies of the tapes of the Town Board meetings were denied despite the law that says people are entitled to the records in the form that they choose, it is very clear. Anyway, I am not going to argue that, do you have any intention of looking for a recycling....normally if you have a position, a volunteer position, you have people volunteering for it, the town would either choose one of them or you could put out a request for interested parties. Have you done that? SUPERVISOR RUSSELL: I think we have embraced everybody who has stepped forward and has been willing to volunteer, whether through the youth board or the energy committee to help steer... MR. SCHWARTZ: Everybody but Benja. SUPERVISOR RUSSELL: Recycling is a large issue, you need more than one person, you need as many hands up on deck to make recycling, better recycling, a reality. I will remind you that Southold probably has the best recycling rates on Long Island, so we are doing a very good job. There is always room for improvement, no doubt, but Southold Town should be very proud. MR. SCHWARTZ: How did we get the best recycling rates? Through the yellow bags. SUPERVISOR RUSSELL: Yellow bags and flee recycling and changing policy, accepting things for free. Doing everything we can to make the process as easy as we can for the public. MR. SCHWARTZ: How about the plastic baler? Do you know anything about the plastic baler? SUPERVISOR RUSSELL: Yes, we do. MR. SCHWARTZ: Well, what about it? Why isn't it being supported by Southold Town? August 14, 2012 Page 31 Southold Town Board Meeting Minutes COUNCILMAN TALBOT: Are you talking about the old baler that broke down and they don't use anymore? SUPERVISOR RUSSELL: I think there was a proposal to package plastics by buying a baling machine. The problem is, we have a solid waste district that has a substantial amount of capital debt and it is nice to go out and buy new equipment .... MR SCHWARTZ: Oh, that is not the problem, the problem is you are uninformed. SUPERVISOR RUSSELL: Oh, okay. MR. SCHWARTZ: Suffolk County soil and water conservation district has purchased a plastic baler... SUPERVISOR RUSSELL: Yes, I am aware of that. MR. SCHWARTZ: And they have been trying to get the town's to work together with them cooperatively to store the plastic that comes off local greenhouses until there is enough for thmn to bale the plastic and recycle it. SUPERVISOR RUSSELL: It is organized through Cornell Cooperative. MR. SCHWARTZ: Excuse me? SUPERVISOR RUSSELL: I believe that gets organized through Suffolk County's Cornell Cooperative. MR. SCHWARTZ: No, there is currently no location in Suffolk County at which you can bring that plastic to be fed into the baler, unless you have enough material at your location, they can't use that baler, so they are looking and they have approached Southold Town and Southold Town has rebuffed their .... COUNCILMAN TALBOT: Who have they approached? SUPERVISOR RUSSELL: Who did they approach? MR. SCHWARTZ: Well, I talked to the man who is running the program up at Suftblk County and he told me he is trying, he has tried to work with the Southold Town transfer station and was frustrated. SUPERVISOR RUSSELL: He should reach out to the Town Board. MR. SCHWARTZ: Maybe you can look into that. August 14, 2012 Page 32 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: He should reach out to the Town Board. MR. SCHWARTZ: Well, maybe you can reach out to him now. COUNCILMAN KRUPSKI: Who is it? MR. SCHWARTZ: I forget his name right now. I have had a long and busy day and I just barely made it here. I didn't have time to prepare my notes but if you like, I can get you the name. I will get you the contact information. COUNCILMAN KRUPSKI: That would be helpful because we have a lot of greenhouse coverings that could be easily recycled and boat wrap covers .... SUPERVISOR RUSSELL: I was going to suggest marina's that produce a great deal of plastic. MR. SCHWARTZ: You turn a problem into a profit. Another solution to tum problems into profit that I brought to you and you said you weren't interested because you said you didn't want to compete with business but you know, you are doing the business of the people of this town and the stores are not supporting recycling except because they are required by law but do you know they make a profit every can and every bottle, every plastic bottle, every glass can, every aluminum can that goes into those machines at the supermarkets, they get paid 7 or 8 cents for. They give you a nickel but they make but they make 2 or 3 cents for just having the machines on location. Not only could the town be making that money but the town could be providing a service whereas you wouldn't have to run from store to store to go to the store where you purchased it. the town needs to approach the vending companies who and they need to approach the distributors who pay the money but there is nothing to stop the town from setting up a program to have a recycling refund station at the Southold town transfer station. I spoke with Ed Romaine about that, he said, oh, that sounds like a great idea. well, they don't listen to you in your own town, you must be a prophet, you need to go to another land. Well, I am not leaving, I am staying here and I would like to see something happening here positive. I brought that up before and I got an extremely negative reaction from this Town Board but you know what? I am used to that. COUNCILMAN TALBOT: I think that is a good idea actually. MR. SCHWARTZ: Thank you. Thank you. What about the website? What is going on with the town website? SUPERVISOR RUSSELL: We expect to have it up and running within a matter ora couple of weeks, I believe. MR. SCHWARTZ: What about the stuff that's up there now? Do you realize it is way out of date? August 14, 2012 Page 33 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Yes. Well, we have been focused on getting the new one up and running. MR. SCHWARTZ: Well, part of that is reviewing the old and getting rid of the out of date. What is the current policy or program as regards to recyclables? There was a letter to the editor by the President of the North Fork Environmental Council, he apparently got his information from the town website. That was incorrect. I tried to get information from the Supervisor's office and they couldn't tell me. They referred me to the Town Clerk. The Town Clerk didn't know. I called the town landfill and oops, it is not a landfill anymore but they answered the phone 'town landfill'. They still answer the phone 'town landfill'. COUNCILMAN TALBOT: So what? MR. SCHWARTZ: So what? COUNCILMAN TALBOT: Yes, what difference does it make? MR. SCHWARTZ: Look, I can call it a dump, you can call it a dump but when the people that work there who are trying to promote recycling call it a dump (inaudible) COUNCILMAN TALBOT: Inaudible MR. SCHWARTZ: Well, it is the ex-landfill. You know, it would be like calling your ex-wife your wife. COUNCILMAN TALBOT: I wouldn't know about that. MR. SCHWARTZ: Alright. I missed this morning's session. A couple of very brief and ! will edit this down and, I am curious, I would like to ask just what the types of buildings are going to be demolished on the property near Pipe's Cove watershed, can anybody just? COUNCILMAN TALBOT: A residential single family dwelling or a dwelling and a couple of barns. Pulling out some oil tanks .... COUNCILMAN KRUPSKI: Remove the wells and the septic system. MR. SCHWARTZ: Has there been any eftbrts or explorations of perhaps reusing those buildings? SUPERVISOR RUSSELL: Yes, there was. Substantial. We worked with the Nature Conservancy to try to, for adaptive reuse as aftbrdable housing. The problem was the building was in such disrepair that it was not feasible. MR. SCHWARTZ: Thank you. What about the tick borne disease talk? August 14, 2012 Page 34 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: We had Legislator Romaine come today to discuss the new task force that he has put together to talk about tick borne illnesses and we had a very good, robust discussion today. MR. SCHWARTZ: Is there anything that... SUPERVISOR RUSSELL: He is going to be scheduling a meeting of that task force, it will be scheduled for this town to have a hearing probably from a 6:00 to 8:00 venue, in the evening, here in the meeting hall probably. In September. MR. SCHWARTZ: And before then? SUPERVISOR RUSSELL: Before then? That's a few short weeks away. MR. SCHWARTZ: Okay. Well, I happen to be somewhat of an expert. Unfortunately I have a very close family member who suffered a serious bout of tick borne illnesses. I put up a website on webely, sickofiicks.com, you can just google sick of ticks. I am not going to go through all of the details of the various diseases and the problems but I will say that it is not an isolated problem and the solution will not be found if we focus only on the ticks. As you know but you tell me you are not going to work on it until the forum so, you know .... SUPERVISOR RUSSELL: That is not what I said. That is factually incorrect. MR. SCHWARTZ: Well, I said what are you doing about it? SUPERVISOR RUSSELL: Inaudible. We are working on it each and every day, we have a deer management task force that is very good, robust group. There are also several different aspects to tick management, there is no silver bullet here. MR. SCHWARTZ: Alright. Well, I also happen to have some differences with the deer management task force. I am not against hunting but I don't think that hunting alone is a solution and I think that some of the other solutions that this town has promoted and is engaged in are actually and even the hunting might be actually backfiring on us and having a negative affect because when you cull the herd, you take off the pressure and you usually end up having an increase in population rather than a decrease. The scientific studies have shown that in order to decrease the population by hunting, you have to hunt a significant portion. Probably somewhat over 50 percent of the deer and I don't think our deer management, deer hunting program, let's call it what it is, in town, is coming anywhere as close to that number. So I am not even sure that that's helping. The other part of that equation that is close to my heart is the deer tbod. The invasive species, among them the suburban homeowner. I think we should kick them all out of town. No, but we should be teaching people and can we do that? Can Southold Town do that? Well, other places that I have been, they have municipal native plant gardens around their municipal buildings, they are educating people about what plants are appropriate to plant and what plants are having an adverse, harmful effect on our natural environment in our region. So I would like to see Southold Town do some of that but you know, you can't get volunteers but August 14, 2012 Page 35 Southold Town Board Meeting Minutes when you do get a volunteer, you know, anybody but him. That is what you, that's what I hear. Now how about the other discussion this morning. Can you tell me something about the human resources chapter? I see it was put on the agenda as human resources again. I thought we discussed that at the meeting down in Mattituck? SUPERVISOR RUSSELL: This was the chapter that was, the meeting in Mattituck was public input in drafting that chapter. The members of the Planning Board and the Planning director were here today to present that chapter to the Town Board and to put it up for public notice. MR. SCHWARTZ: And at that meeting I objected to the use of the words human resources and there was some support from some of the people within the town but there was not action taken. What is wrong with human resources? COUNCILMAN KRUPSKI: I wasn't at that meeting, I went to the one at the Peconic School in the evening. What do you mean, what is wrong with human resource? MR. SCHWARTZ: Well, I mean human resources in every other place, it is used to refer to employee's, human resources being people who work for the organization. Not the social services that the organization provides to the population, the local community. I don't think there is anything wrong with social services but a lot of people don't want to hear that, they don't want to think that we have any kind of socialism in our system. Well, get used to it, United States is a socialist, capitalist, probably even communist in some respects but socialism is extremely successful. Just up in the, across the border in Canada, in Europe, Scandinavia. Parts of socialism are what we practice here in Southold Town. We have programs that provide meals. We have programs that provide transportation. Those are social services. Why not call it social services? Why not expand those programs. I don't think you remember what I suggested at the meeting. I know Mr. Russell was there, I don't think anybody else here was there but I suggested that maybe the town could provide some educational programs for the seniors to educate them as to the cloud. Cloud services. I was told that the town didn't really understand that and couldn't teach what it didn't know. So you hire someone who knows it, who can teach it. and you can probably use that person to train the personnel in all the departments, not just the, offer a program in the social services. The last thing that I would just like to say is while I am not against socialism and social services, l do believe in the old saying that if you give a person a fish, you feed him fbr a day. you teach him to fish, you feed him for a lifetime. That is why I would like to see a focus in that, call it human resources if you have to but whatever, in that program of helping the seniors and the community to take care of itself. I think if you recall, I spoke at the meeting about how I have a lot of contacts in the elder, older than me, and when I was younger they used to help me a lot and now I am helping them. That happens all over the town and there are ways to facilitate that at the municipal and organizational level. There is not much being done in that respect and I am not blaming anyone from that, 1 am just trying to make a positive suggestion but probably since I am the one suggesting it, it is not going to go anywhere. Well, I can't help who I am. I am trying to work with you. is there any chance that we can work together? Mr. Russell? SUPERVISOR RUSSELL: I work with everybody. August 14, 2012 Page 36 Southold Town Board Meeting Minutes MR. SCHWARTZ: Except me. SUPERVISOR RUSSELL: No, that is not true. MR. SCHWARTZ: Well, you just said you would hire anybody but me. SUPERVISOR RUSSELL: As recycling coordinator. MR. SCHWARTZ: For a volunteer position. I am offering to volunteer. SUPERVISOR RUSSELL: Put your name in. MR. SCHWARTZ: I put my, come on. SUPERVISOR RUSSELL: I am sorry, Benja. End this meeting with a poem if you would like. MR. SCHWARTZ: Excuse me? SUPERVISOR RUSSELL: I will end this meeting with a poem if you would like but we have got to get to the point of the discussion. MR. SCHWARTZ: I think you are kind of putting a little, you know, negative focus on poems. I think as a politician you've got nothing to, you know, there are some poets that are bad poets but on the whole they are pretty good people. SUPERVISOR RUSSELL: Did I attack poets.'? I didn't. I was making a reference to your poem that started this discussion and all I am asking you is to try to get to your point as succinctly as possible. MR. SCHWARTZ: What point? SUPERVISOR RUSSELL: That is what we are trying to figure out. MR. SCHWARTZ: 1 think 1 made a number of points. I think you are ignoring my points, I am trying to make points. SUPERVISOR RUSSELL: No, we are listening. MR. SCHWARTZ: I asked you directly. SUPERVISOR RUSSELL: You want to spar and we are not interested in sparring. We are here to take input. August 14, 2012 Page 37 Southold Town Board Meeting Minutes MR. SCHWARTZ: I am not interested in sparring. I am interested in making positive contributions and I have made several of them tonight and I hope that they are appreciated. Because I care about this town and everybody and everything in it, including you. Thank you very much. I will take these extra agendas and recycle them for you. COUNCILMAN TALBOT: We have a recycle bin out there. TOWN CLERK NEVILLE: I prefer that you leave them, people do come after the meeting and pick them up, I leave them there for several days. 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 5:27P.M. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Elizabeth A. Neville Southold Town Clerk Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell