HomeMy WebLinkAboutTB-12/04/2012ELIZABETH 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.northfork.net
MINUTES
December 4, 2012
7:30 PM
A Regular Meeting of the Southold Town Board was held Tuesday, December 4, 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 December 4, 2012 at Meeting Hall, 53095 Route 25,
Southold, NY.
Attendee Name :~ ~g!~9~ T!fle Status ArriVed
William Ruland Town of Southold Councilman Present
C~st0pher Talbot T°~ Of' S0u~h~id ~ou~iiman Present
Jill D0herty Town of Southold Councilwoman Present
Albert Krupski Jr. Town of Southold Councilman Present
L0uisa p. Evans
Town of Southold Justice Pre~ent
S~)tt Russell T0~i 0f s0Uth0!d S~iP~?isor Present
Elizabeth A. Neville Town of Southold Town Clerk Present
Martin D. Finnegan Town of Southold Town Attorney Present
I. Reports
Zoning Board of Appeals
II. Public Notices
IlL Communications
IV. Discussion
1. 8:30 A.M. - Jim King, Bob Ghosio & Dave Bergen
December 4, 2012 Page 2
Southold Town Board Meeting Minutes
3.
4.
5.
6.
7.
o
9.
10.
9:00 A.M. Chief Martin Flatley
9:15 A.M. - Phillip Beltz, John Stype and lan Wile, Economic Development Committee
9:45 A.M. - CANCELLED - Fred Andrews, Housing Advisory Commission
10:00 A.M. - Jamie Richter
Consider a Resolution Authorizing Suffolk County to Create a Land Bank
Waiver of Tipping Fees for Disposal of Storm-Related Yard, Household and
Construction/Demolition Debris
FIFD North Ramp Project Bond
EXECUTIVE SESSION - Labor
EXECUTIVE SESSION - Litigation
Motion to ENTER into Executive Session
Motion To: ENTER EXECUTIVE SESSION
On motion by Justice Louisa P. Evans, seconded by Councilman William P. Ruland, it was
RESOLVED that the Town Board of the Town of Southold hereby enters into Executive
Session at 11 :.29 AM for the purpose of discussing the following items:
Employment history and performance of a particular person or matters leading to the
appointment, employment, promotion, discipline, suspension, dismissal or removal of a
particular person; Collective bargaining negotiations necessary to formulate strategy regarding
PBA Union; Pending and current litigation strategy concerning the following matters: Eugene L.
Danieri v. Zoning Board of Appeals of the Town of Southold; Town of Southold v. GoGreen
Sanitation, Inc., et al; Town of Southold, et al v. Metropolitan Transportation Authority, et al.;
Trustee permit decisions.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: William Ruland, Councilman
AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell
Motion to EXIT from Executive Session
Motion To: EXIT EXECUTIVE SESSION
On motion by Councilman William P. Ruland, seconded by Councilman Albert J. Krupski, Jr., it
was
RESOLVED that the Town Board of the Town of Southold hereby EXITS from this Executive
December 4, 2012 Page 3
Southold Town Board Meeting Minutes
Session at 2:20 PM.
There were no resolutions placed on the agenda as a result of this Executive Session.
RESULT: ADOPTED [UNANIMOUS]
MOVER: William Ruland, Councilman
SECONDER: Albert Kmpski Jr., Councilman
AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell
Motion to Recess
Motion To: RECESS
On motion by councilman Ruland, seconded by Justice Evans, it as
RESOLVED that this 8:30AM meeting of the Southold Town Board be Recessed at 2:20 PM
until 7:30 PM Regular Meeting.
RESULT: ADOPTED [UNANIMOUS]
MOVER: William Ruland, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Ruland, Talbot, Doherty, Kmpski Jr., Evans, Russell
RECONVENE
Motion To: RECONVENE
On motion by Councilman Ruland, seconded by Councilwoman Doherty, it was
RESOLVED that this meeting of the Southold Town Board which was Recessed at 2:20 PM is
hereby Reconvened at 7:30 PM for the Regular Meeting.
RESULT: ADOPTED [UNANIMOUS[
MOVER: William Ruland, Councilman
SECONDER: Jill Doherty, Councilwoman
AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell
Pledge to the Flag
Opening Comments
Supervisor Russell
SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance to the Flag. Thank
you. I am going to offer anybody the opportunity that would like to comment on any of the
agenda items to please feel free at this time? (No response)
Minutes Approval
RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated:
Wednesday, August 08, 2012
December 4, 2012 Page 4
Southold Town Board Meeting Minutes
Vote Record - Motion
Yes/Aye No/Nay Abstain Absent
William Ruland Voter F~ [2 [2 [2
[] Accepted Christopher Talbot Second [] [] [] []
[] Accepted as Amended er
[] Tabled Ji!l D0he~7 Voter [] [] [] []
Albe~ Krapski Jr. Voter [] [] FI []
Louisa P. Evans Mover [] [] [] []
Scott Russell Voter ID [2 ID []
RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated:
Tuesday, September 25, 2012
Vote Re~0rd -
Yes/Aye No/Nay Abstain Absent
william Ruland Voter [] [] [] []
Second
[] Accepted Christopher Talbot [] [] [] []
[] Accepted as Amended er
[] Tabled Jill Doherty Voter [] [2 [] []
Albert ~P~k! Jr- Voter [] [] [] []
Louisa P. Evans Mover 0 []
ScoR Russell Voter [] [] [] []
RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated:
Tuesday, October 09, 2012
Vote Re~ord - Motion .......
Yes/Aye No/Nay Abstain Absent
William Ruland Voter [] [] [] []
[] Accepted Christopher Talbot Second [] [] [] []
[] Accepted as Amended er
[] Tabled Jill Doherty Voter [] [] [2 []
Albert Kmpski Jr. Voter [] [] [] []
Louisa P. Evans Mover [] [] [2 []
Scott Russell Voter [] [] El F1
RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated:
Tuesday, October 23, 2012
Vote Re~ord ~ Motion
Yes/Aye No/Nay Abstain Absent
William Ruland Voter [] [] [] []
[] Accepted Christopher Talbot Second [] [] [] []
[] Accepted as Amended er
[] Tabled Jill ~be~ 9oter [] [] [] []
Albert Krupski Jr. Voter [] [] [] ~
Louisa P. Evans Mover [] [] [] []
Scott Russell Voter [] [] [] []
V. Resolutions
2012-855
cA TE GORY: Audit
DEPARTMENT: Town Clerk
Approve Audit
December 4, 20 t 2 Page 5
Southold Town Board Meeting Minutes
RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated
December 4~ 2012.
Yore R~otd ~ R~olutiOI RKS-10114~5
gt Adopted
[] Adopt~ as Am~ded YeffAye No/Nay Abstain Absent
~ Tabl~ William Ruland Vot~ ~ ~ ~ ~
Jill ~h~y Vot~ ~ ~ ~ ~
Scott Russell Vot~ ~ ~ ~ ~
~ Supt Hgwys Appt
2012-856
CA TEGOR Y:
DEPARTMENT:
Set Meeting
Town Clerk
Set Next Meeting 12/18/12 4.'30 Pm
RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be heid~
Tuesday, December 18~ 2012 at the Southold Town Hall~ Southold~ New York at 4:30 P. M..
Vote Record - Resolution RES-2012-856
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Cht/stopher Talbot Second [] [] [] [3
[]
Supervisor's
Appt
Jill D°herty Voter ~ [] [] []
[] Tax Receiver's Appt
[] Rescinded Albe~l Krupski Jr. Voter ; [] [] [] El
Louisa P. Evans Mover [] [] [] []
[] Town Clerk's Appt
Scott Russell Mover [] [] [] []
[] Supt Hgwys Appt ~
[] No Action
2012-857
CA TEGOR Y:
DEPARTMENT:
Budget Modification
Accounting
Move Appropriation .for Goldsmiths Rock Revetment to Capital Fund
Financial Impact:
December 4, 2012 Page 6
Southold Town Board Meeting Minutes
Move appropriation fi'om the General Fund to the Capital Fund so that it doesn't lapse at year end.
WHEREAS on September 25, 2012, the Town Board appropriated $45,000 in the General Fund
Whole Town for the installation of a rock revetment at Goldsmiths Inlet, and
WHEREAS the Town Board has determined that the appropriation for the rock revetment at
Goldsmiths Inlet should be moved to the Capital Fund, and
WHEREAS the Town's Capital Budget process requires a resolution to formally establish a
Capital Budget item in the Capital Fund, now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
establishment of the following Capital Proiect in the 2012 Capital Fund:
Capital Project Name: Goldsmiths Rock Revetment
Financing Method: Transfer from the General Fund Whole Town
Budget:
Revenues:
H.5031.75
Appropriations:
H. 1620.2.500.350
lnterfund Transfers $45,000
Goldsmiths Rock Revetment $45,000
and be it further
RESOLVED that the Town Board of the Town of Southold hereby modifies 2012 General
Fund Whole Town budget as tbllows:
From: A.1620.4.400.350 Goldsmiths Rock Revetment $45,000
To: A.9901.9.000.100 Transfers to Capital Fund $45,000
,r' Vote Record - Resolution RES-2012-857
[] Adopted
[] Adopted as Amended
Yes/Aye No/Nay Abstain Absent
[] Oefeated __ = ~
[] Tabled William Ruland Second [] [] [] []
[] Withdrawn CluSstopher Taibot Vot~ [] [] [] []
[] Supervisor's Appt
Jill Doherty Mover [~ [] [] []
[] Tax Receiver's Appt
[] Rescinded Albert Krupski Jr. Voter [~ [] [3 []
Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt
Scott Russell Voter El [] [] []
[] Supt Hgwys Appt
December 4, 2012 Page 7
Southold Town Board Meeting Minutes
2012-858
CATEGOR~
DEPARTMENT:
Budget Modification
Accounting
Budget Modification for Central Garage
Financial Impact:
Increase appropriation for gasoline due to price.
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Central
Garage budget in the General Fund Whole Town as follows:
From:
A. 1640.2.300.100
Automobiles $2,000
Totals $2,000
To:
A. 1640.4.100.200 Gasoline & Oil $2,000
Totals $2,000
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay : Abstain Absent
[] Tabled William Ruland Mover [] ' [] F1 []
[] Withdrawn Christopher Talbot Voter [] [] [] I-I
[] Supervisor's Appt Jill Doherty Voter [] [] : [] []
[] Tax Receiver's Appt Albert Kmpski Jr. Second [] [] [] []
[] Rescinded er
[] Town Clerk's Appt Louisa P. Evans : Voter [] [] [] []
[] Supt Hgwys Appt Scott Russell Voter [] [] [] [2]
[] No Action
2012-859
CA TE GO R Y:
DEPARTMENT:
Budget Modification
Accounting
Budget Modification./hr Town Board
Financial Impact:
Increase appropriation for Labor Counsel
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General
Fund Whole Town budget as follows:
From:
A.9010.8.000.000 NYS Employees Retirement $10,000
December 4, 2012 Page 8
Southold Town Board Meeting Minutes
Total $10,000
To~:
A.1010.4.500.200 Town Board, C.E., Labor Relations $10,000
Total $10,000
Vote Reeord- Resolution RE~-2012-859
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Christophe* Talbot Voter [] [] [] []
[] Supervisor's Appt Jill Doherty Voter [] [] [] []
[] Tax Receiver's Appt Albert Krupski Jr. Mover [] [] [] ' []
[] Rescinded Louisa P. Evans Second [] [] [] []
[] Town Clerk's Appt er
[] Supt Hgwys Appt Scott Russell Mover [] [] [] []
[] No Action
2012-860
CATEGORY:
DEPARTMENT:
Budget Modification
Accounting
Budget Modification Employee Health Plan
Financial Impact:
Increase appropriations for 2012 medical claims in self-funded plan
RESOLVED that the Town Board of the Town of Southold hereby increases the 2012 Employee
Health Benefit Plan budget as follows:
Revenues:
MS.2680.00 Insurance Recoveries $ 60,000
MS.5990.00 Appropriated Fund Balance 240,000
Totals $300,000
Appropriations:
MS.1910.4.000.000 Insurance
MS.9060.8.000.000 Medical Benefits
$ 23,000
277,000
Totals $300,000
Vote Record - Resolution RES-2012-860
[] Adopted Yes/Aye No/Nay Abstain Absent
[] Adopted as Amended William Ruland Voter [] [] [] []
[] Defeated
[] Tabled Christopher Talbot Second [] [] [] []
elf
E] Withdrawn Jill Doherty Voter [] [] [] []
[] Supervisor's Appt Albert Krupski Jr. Voter [] [] [] []
[] Tax Receiver's Appt Louisa P. Evans Mover [] [] [] []
December 4, 2012 Page 9
Southold Town Board Meeting Minutes
[] Rescinded Scott Russell Voter [] [] U] []
[] Town Clerk's Appt
[] Supt Hgwys Appt
[] No Action
2012-861
CA TE G OR Y:
DEPARTMENT:
Budget Modification
Accounting
Budget Modification for PD Mobile Command Center
Financial Impact:
Appropriate Dept. of Homeland Security grant for Police Department's Mobile Command Center
WHEREAS the Southold Town Police Department has received a $194,000 Buffer Zone
Protection Program grant from the US Department of Homeland Security, passed through the
New York State Department of Homeland Security, for the purchase of a Mobile Command
Center, and
WHEREAS the Town Board has determined that the purchase of the equipment should be
recorded in the Town's Capital Fund, and the Town's Capital Budget process requires a
resolution to formally establish a Capital Budget item in the Capital Fund, now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
establishment of the following Capital Proiect in the 2012 Capital Fund'
Capital Project Name: Mobile Command Center
Financing Method: Grant from Federal Government
Budget: Revenues:
H.4389.30 Homeland Security Grants $194,000
Appropriations:
H.3120.2.300.100 Mobile Command Center $194 000
~ Vote Record - Resolution RE8~2012-861
[] Adopted
[] Adopted as Amended Yes/Aye~ No/Nay --~ Abstain Absent
[] Deli:ated William Rulm~d Voter [] [] [] []
[] Tabled Christopher Talbot Mover [] [] [] []
[] Withdrawn Jill Doherty Vnter [] [] [] []
[] Supe~visor's Appt Albert Krupski Jr. Voter [] [] [] []
[] Tax Receiver's Appt Louisa P. Evans Second
[] [] [] []
[] Rescinded er
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appl
December 4, 2012 Page 10
Southold Town Board Meeting Minutes
[] No Action
2012-862
CATEGORY:
DEPARTMENT:
Budget Modification
Accounting
Budget Mod(/~cation for Dredging
Financial Impact:
Provide an appropriation.for dredging by Suffblk County Dept of Public Works
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General
Fund Whole Town budget as follows:
From:
A.9060.8.000.000
To:
A. 1620.2.400.350
Hospital & Medical Insurance Benefits $19,000
Total $19,000
Buildings & Grounds, C.E., Dredging $19,000
Total $19,000
~' Vote Record - Re~olution RES-2012-862
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Second
[] [] [] []
[] Withdrawn er
Christopher Talbot Voter [] [] [] []
[3 Supetvisor's Appt
[] Tax Receiver's Appt Jill Doherty Mover [] [] [] []
[] Rescinded Albert Krupski Jr. Voter [] [] [] []
[] Town Clerk's Appt Louisa P Evans Voter [~ [] [] []
[] Supt Hgwys Appt Scott Russell Voter [] [] [] []
[] No Aclion
2012-863
CATEGORY:
DEPARTMENT:
Budget Modification
Accounting
Budget Mod(fication./br Fishers Island Ferry District
Financial Impact:
Ratify and approve budget mod(fication pf commissioners of Fishers Island Ferry District to a&lress
over-expended appropriations
December 4, 2012 Page 11
Southold Town Board Meeting Minutes
RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the
November 6, 2012 resolution of the Commissioners of the Fishers Island Ferry District that
amended the 2012 Fishers Island Ferry District budget as follows:
From:
SM. 1910.4.000.200
SM. 1950.4.000.000
SM. 1980.4.000.000
SM.5610.4.000.000
SM.5709.2.000.000
SM. 5709.2.000.100
SM.5709.2.000.200
SM.5710.1.000.000
SM. 5710.2.000.000
SM.5710.2.000.200
SM.5710.4.000.100
SM.5710.4.000.200
SM.5710.4.000.400
SM.5710.4.000.925
SM.5710.4.000.950
SM.9010.8.000.000
SM.9710.7.000.000
SM.9730.7.000.000
To:
SM. 1310.4.000.000
SM. 1420.4.000.000
SM.1910.4.000.100
SM. 1910.4.000.300
SM.5710.2.000.100
SM.5710.4.000.000
SM.5710.4.000.300
SM.5710.4.000.500
SM.5710.4.000.600
SM.5710.4.000.700
SM.5710.4.000.800
SM.5710.4.000.900
SM.5711.4.000.000
SM.7155.4.000.000
SM.9030.8.000.000
SM.9050.8.000.000
SM.9060.8.000.000
Insurance, Airport 7,000
Property Tax (New London) 3,000
MTA Payroll Tax 2,500
Elizabeth Airport, C.E. 3,200
Repairs, Other 36,000
Repairs, Rental Buildings 15,000
Repairs, Docks & Terminals 110,000
Ferry Operations, P.S. 17,600
Ferry Repairs-Both Vessels 2,000
Ferry Repairs-Race Point 10,000
Utilities, New London 5,000
Utilities, Fishers Island 4,000
Printed Materials 500
Waste Management 2,000
Training/Education 7,000
NYS Retirement Benefits 46,500
Serial Bond Interest 50
BAN Interest 250
Totals
$271,600
Accounting & Finance $58,000
Legal Fees and Fines 12,000
Insurance, Ferry Operations 2,000
Insurance, Workers Compensation t3,000
Ferry Repairs - Munnatawket 55,000
Ferry Operations, Other 36,500
Fuel Oil, Vessels 10,000
Computer Operations 3,000
Janitorial Supplies 1,500
UPS Freight Charges 2,000
Uniforms 3,500
Credit Card Fees 28,000
Office Expense 2,000
Theater 100
Social Security Benefits 3,000
Unemployment Benefits 9,500
Medical Benefits 32,500
Totals $271,600
Vote Record - Resolution RES-2012-863
[] Adopte~d
[] Adopted as Amended
December 4, 2012 Page 12
Southold Town Board Meeting Minutes
[] Defeated William Ruland Mover [] [] [] []
[] Tabled Christopher Talbot Voter [] [] [] []
[] Rescinded Louisa P. Evans Voter I~I ! ID [2 ~
2012-864
CATEGORY:
DEPARTMENT:
Budget Modification
Accounting
Budget Modification for Highway Fund
Financial Impact:
Addition needed to appropriate entire CHIPs allotment for 2012
RESOLVED that the Town Board of the Town of Southold hereby increases the 2012 Highway
Fund Part Town budget as follows:
Revenues:
DB.3501.00 CHIPs Capital Payments
Totals
Appropriations:
DB.5112.2.400.905 CHIPs resurfacing
Totals
$1,669
$1,669
$1,669
$1,669
Vote Record ~ Resolution RESt2012~864
[] Adopted
[] Adopted as Amended
Yes/Aye : No/Nay Abstain Absent
[] Defeated -- ~
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Chhstopher Talbot Voter [] [] [] []
[] Supervisor's Appt Jill Doherty Voter [] ~] [21 []
[] Tax Receiver's Appt Albert Kmpski Jr. Mover [] [] [] []
[] Rescinded Louisa P. Evans Second [] [] [] []
[] Town Clerk's Appt er
Scott Russell Voter [] [3 [] []
[] Supt Hgwys Appt - ~
[] No Action
2012-865
December 4, 2012 Page 13
Southold Town Board Meeting Minutes
CA TEGOR Y:
DEPARTMENT:
Contracts, Lease & Agreements
Town Attorney
Exercise Renewal/Winter Brothers Recycling
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to provide written notification to Winter Brothers Recycling Corp.
that the Town wishes to exercise its option to renew its Agremnent with Winter Brothers
Recycling to supply the Town with MSW Haul and Disposal Services through June 30, 2014, at
prices specified in Winter Brothers Recycling's bid of May 21, 2011, and accepted by the Town
Board on June 21,2011, subject to the approval of the Town Attorney.
~' Yore Record .- Re~olutlon RES-20i2-~65
[3 Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
~] Tabled William Rulm~d Voter ~1 [] [] : []
[] Withdrawn Second
Christopher Talbot [] [] [] []
[] Supervisor's Appt er
[] Tax Receiver's Appt Jill Doherty Voter [] [] [3
[] Rescinded Albert Krupski Jr. Voter [] [] [] []
[] Town Clerk's Appt Louisa P, Evans Mover [] [] [] []
[] Supt Hgwys Appt Scott Russell Voter ~ [] [] []
No Action
[]
Next: 12/18/12 4:30 PM
2012-866
CATEGORD
DEPARTMEN~
Budget Modification
Public Works
Roof Replacement - dustice Court
Financial Impact:
Repair of leaking roqf on Justice Court
RESOLVED that the Town Board of the Town of Southold hereby modifies the
2012 General Fund Whole Town budget as follows:
From:
A.1620.4.400.300 Dredging Goldsmith Inlet
To.'
A. 1620.4.400.100 Building Maintenance & Repairs
$2,000
$2,000
Vote Record - Resolution RES-2012-866
[] Adopted Yes/Aye No/Nay Abstain
[] Adopted as Amended William Ruland Voter [] [] []
December 4, 2012 Page 14
Southold Town Board Meeting Minutes
[] Tabled Jill Doher~y Voter [] [] [] []
[] Withdrawn Albert Krupski Jr. Voter [] [] [] []
[] Supervisor's Appt Second
Louisa P. Evans [] [] [] []
[] Tax Receiver's Appt er
[] Rescinded Scott Russell ; Voter [] [] [] []
[] Town Clerk's Appt
[] Supt Hgwys Appt
[] No Action
2012-867
CA TE GO R Y:
DEP. ARTMENT:
Property Usage
Recreation
Approve 2013 Relay for L~fe Event
RESOLVED that the Town Board of the Town of Southold does hereby grant permission to
the Relay for Life of Southold & the American Cancer Society to use all of Jean Cochran Park
for their annual Relay for Life event on May 31, June 1 & 2, 2013; from 8:00 a.m. on
5/31 - 10:00 a.m. on June 2. This is an overnight event. Applicant must file with the Town
Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as additional
insured.
,t' Vote Reeord- Ile~olution RES-2012-867
[] Adopted
[] Adopted as Alnended Yes/Aye No/Nay Abstain Absent
[] Defeated
Second
[] Tabled Wilbam Ruland [] [] [] []
er
[] Withdrawn Christopher Talbot Voter [] [] [] []
[] Supervisor's Appt
Jill Doherty : Mover [] [] [] []
[] Tax Receiver's Appt
Albel~ Kmpski Jr. Voter [] [] [] []
[] Rescinded
Louisa P Evans Voter [] [] [] []
[] Town Clerk's Appt
Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2012-868
CA TE GO R Y:
DEPARTMENT:
Attend Seminar
Planning Board
I'Vriting Seminar
RESOLVED that the Town Board of the Town of Southold hereby grants permission to
December 4, 2012 Page 15
Southold Town Board Meeting Minutes
Planners Brian Cummings and Alyxandra Sabatino to attend a seminar on Business Writing for
Results in Hauppauge, NY, on January 23, 2013. All expenses for registration, travel to be a
legal charge to the 2013 budget (meetings and seminars).
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Mover [] [] [] []
[] Withdrawn Christopher Talbot Voter [] [] [] []
[] Supervisors Appt Jill Doherty Mover [] [] [] []
[] Tax Receiver's Appt Albert Kmpski Jr. : Second [] [] [] []
[] Rescinded
Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt
Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2012-869
CA TEGOR Y:
DEPARTMENT:
Attend Seminar
Planning Board
Attend Seminar
RESOLVED that the Town Board of the Town of Southold hereby grants permission to
Planners Brian Cummings and Alyxandra Sabatino to attend a seminar on Managing Multiple
Priorities, Projects & Deadlines in Hauppauge, NY, on January 15, 2013. All expenses for
registration, travel to be a legal charge to the 2013 budget (meetings and seminars).
Vote Record - Resolution RES-2012-~69
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Second [] [] [] []
el~
[] Withdrawn
[] Supervisor's Appt Ch~Sstopher Talbot Voter [] [] ~ [] []
Jill Doherty Voter [] [] [] []
[] Tax Receiver's Appt
[] Rescinded Albelx Klxlpski Jr. Mover [] [] [] []
Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt
Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2012-870
CATEGORY: Trailer Permit
December 4, 2012 Page 16
Southold Town Board Meeting Minutes
DEPARTMENT: Town Clerk
Manwaring Trailer Permit Renewal
RESOLVED that the Town Board of the Town of Southold hereby grants approval of the
trailer permit renewal of Charles Manwaring dba Southold Fish Market, Southold, New
York, for a period of three (3) months from December 10, 2012, to locate a trailer on the
property at 64755 Route 25, Greenport, NY, SCTM # 1000-56-4-22 to be used as a temporary
retail fish market.
[] Adopt~
~ Tabl~ William Ruland Vot~
D Wi~dmm C~stoph~ Talbot S~ond
2012-871
CA TE GO R Y:
DEPARTMENT:
Attend Seminar
Engineering
Engineers to Attend New York State Department qf Environmental Conservation Water Quality Sampling
Training
RESOLVED that the Town Board of the Town of Southold hereby grants permission to James
Richter, Michael Collins and John Sepenoski to attend water quality sampling training at the
NYSDEC Bureau of Marine Resources - Shellfishefies Section office located in East Setauket
on December 6th, 2012, travel by Town Vehicle.
,r Vote R~rd ~ R~iution RE8-2012~871
[] Adopted
[] Adopted as Amended Yes/Aye No/Nay Abstain Absent
[] Defeated William Ruland Voter [] [] [] []
[] Tabled Christopher Talbot Mover [] [] [] []
[] Withdrawn Jill Dohe~ty ~ [] ~ ~ D
[] Supervisor's Appt Albert Krupski Jr Voter [] [] [] []
[] Tax Receiver's Appt Second
Louisa P. Evans [] [] [] []
[] Rescinded er
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
December 4, 2012 Page 17
Southold Town Board Meeting Minutes
2012-872
CATEGOR~
DEPARTMEN~
Bid Acceptance
Public Works
Goldsmith Inlet Armoring
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of
Long Island Sound Transport, Inc., d/b/a A & R Materials, 72 Union Avenue, Ronkonkoma, NY
11779 to supply and deliver to the town, 8" - 12" bedding stone/rip-rap at $39 per ton and 5 ton
armor stone at $48 per ton, all in accordance with the approval Town Attorney.
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
Second [] [] [] []
13 Tabled William Ruland er
[] Withdrawn
Christopher Talbot Voter
[] Supervisor's Appt Jill Doherty Mover [] [] [] []
[] Tax Receiver's Appt
[] Rescinded Albert Krapski Jr. Voter [] [] [] []
Louisa P. Evans Voter gl [] [] []
[] Town Clexk's Appt
Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2012-873
CA TEGOR Y:
DEPARTMENT:
Advertise
Town Clerk
Advertise .for Mini Bus Driver
RESOLVED the Town Board of the Town of Southold hereby authorizes and directs the Town
Clerk to re-advertise for two weeks for the position of part time Mini Bus Driver for the Human
Resource Center at a rate of $16.93 per hour in all Times Review papers.
Vote Record - ReSOlution RES-2012-873
[] Adopted Yes/Aye No/Nay Abstain Absent
[] Adopted as Amended William Ruland Mover [] [] [] []
[] Defeated Christopher Talbot Voter [] [3 [] []
[] Tabled Jill Doherty Voter [] [] [] []
[] Withdrawn Second
[] Supervisor's Appt Albert Kmpski Jr. er [] [] [] []
[] Tax Receiver's Appt Louisa P. Evans Voter [] [] [3 []
December 4, 2012 Page 18
Southold Town Board Meeting Minutes
[] Supt Hgwys Appt
2012-874
CA TEGORY: Authorize to Bid
DEPARTMENT: Town Clerk
Bid on Used Equipment
WHEREAS the Town Board of the Town of Southold declared the following equipment to be
surplus and bids were solicited and:
Polaroid Identification Data and Imaging:
· Camera Serial # A7020B Asset #2334
· Laminator Serial # H7070B
WHEREAS no bids were received, now therefor be it
RESOLVED that the Town Board of the Town of Southold hereby grants permission to have
above surplus items disposed off
Vote Record - Re-=olulion RES-2012-874
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Christopher Talbot Voter [] [] [] []
[] Supervisor's Appt Jill Doherty Voter [] [] [] []
[] Tax Receiver's Appt Albert Krupski Jr. Mover [] [] [] []
[] Rescinded Louisa P. Evans Second [] [] [] []
[] Town Clerk's Appt
[] Supt Hgwys Appt Scott Russell Voter [] = [] [] []
[] No Action
2012-875
CA TEGOR Y:
DEPARTMENT:
Contracts, Lease & Agreements
Town Attorney
No Cost Time Extension Contract C006792 W/DOS
December 4, 2012 Page 19
Southold Town Board Meeting Minutes
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Modification Agreement Form between the
Town of Southoid and the New York State Department of State in connection with a no-cost
extension of time extending the term of Contract #C006792 (Revision of Town Code to
Implement Stormwater Management) to March 31, 2013, subject to the approval of the Town
Attome~:
[] Adopted
[] Adopted as Panended
Yes/Aye No/Nay Abstain Absent
2012-876
CATEGOR~
DEPARTMENT:
Bid Acceptance
Town Clerk
Accept the Bid of Arshamomaque Dairy Farm, Inc. to Supply the Senior Nutrition Programs with Milk
RESOLVED that the Town Board of the Town o£ Southold hereby accepts the bid of
Arshamomaque Dairy Farm, Inc. to supply the Senior Nutrition Programs with milk at a
rate of.32¢ per ½ pint and $4.00 per gallon for the calendar year 2013, all in accordance with the
Town Attorney.
Vote Rec0rd,- ReSOlution RES-2012-876 ,,
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
William Ruland
[] Tabled -- ~
[] Withdrawn Christopher Talbot Mover [] [] []
[] Supervisor's Appt Jill D0belly Voter {~ [] [] []
[] Tax Receiver's Appt Albert Kmpski Jr Voter [] [] [] []
[] Rescinded Louisa P. Evans : Second [] [] [] []
[] Town Clerk's Appt er
Scott Russell Voter
[] Supt Hgwys Appt
[] No Action
December 4, 2012 Page 20
Southold Town Board Meeting Minutes
2012-877
CATEGORY:
DEPARTMENT:
Attend Seminar
Town Clerk
2013 Laserfiche Institute Empower Conference
Financial Impact:
12/04/12 A.1410.1.100.300 & 400 ' Town Clerk, P.S.
$1,754.39
RESOLVED that the Town Board of the Town of Southold hereby grants permission to
Town Clerk Elizabeth A. Neville to attend the 2013 Laserfiche Institute Conference, in Anaheim,
California on January 6-10, 2013. All expenses for registration, lodging and travel to be a legal
chin e to the 2013 Town Clerk budget A.1410.1.300 & 400 (meetings and seminars)
[] Adopted
[] Adopted as Amended
[] Defeated : Ye~/Aye No/Nay Abstain Absent
[] Tabled William Ruland Second gq [] [] []
er
[] Withdrawn
Christopher Talbot Voter [] [] [] []
[] Supervisor's Appt
[] Tax Receiver's Appt Jill Doherty : Mover [] [] [] []
[] Rescinded Albe~t Kmpski Jr. Voter ~ ~ ~ []
Louisa P. Evans Voter [] 12] : [] []
[] Town Clerk's Appt
[] Supt Hgwys Appt Scott Russell Voter ; [] [] [] []
[] No Action
2012-878
CATEGORY:
DEPARTMENT:
Budget Modification
Police Dept
Police Department-Budget Modification
Financial Impact:
To relieve the current negative balance and to anticipate for any overtime.for the remainder of the year.
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General
Fund Whole Town budget as follows:
From:
A.3120.2.500.875
To:
A.3130.1.100.200
Police, Equipment
Other Vehicle Equipment
TOTAL
$3,000
$3,000
Bay Constable, P.S.
Overtime Earnings $3,000
December 4, 2012 Page 21
Southold Town Board Meeting Minutes
TOTAL $3,000
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Mover [] [] [] []
[] Withdrawn Christopher Talbot ' Voter [] ' [] [] []
[] Supetvisor's Appt Jill Doherly Voter [] [] [] []
[] Tax Receivers Appt Albert Krupski Jr. Second [] [] [] []
[] Rescinded . ~ -- '
Louisa P. Evans Voter [] [] [] []
[3 Town Clerk's Appt
Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2012-879
CATEGORY:
DEPARTMENT:
Budget Modification
Police Dept
Police Department-Budget Modification
Financial Impact:
For Dive Team equipment maintenance
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General
Fund Whole Town budget as follows:
From:
A.3120.2.500.300
To:
A.3130.2.400.300
Police, Other Equipment
Radar $972
TOTAL $972
Bay Constable, Other Equipment
Dry Suits/Dive Equipment $972
TOTAL $972
Vote Record - ReSOlution RES-2012-879
[] Adopted
[] Adopted as Amended Yes/Aye No/Nay Abstain Absent
WilLiam Ruland Voter [] [] [] []
[] DeJEated
[] Tabled Christopher Talbot Voter [] [] [] []
[] Withdrawn Jill Dohen~y Voter [] [] [] []
[] Supervisor's Appt Albert Kmpski Jr. Mover [] [] [] []
[] Tax Receiver's Appt Louisa P. Evans Second [] [] [] []
er
December 4, 2012 Page 22
Southold Town Board Meeting Minutes
[] No Action
2012-880
CATEGOR~
DEPARTMEN~
Contracts, Lease & Agreements
Town Attorney
Amendment Contract CO06877/Bittner Preserve
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 amending the Budget
and Work Program for Agreement #C006877 (Bittner Preserve Improvement Project), at no
additional cost to the Town, subject to the approval of the Town Attorney.
Vo~e R~rd - I~soluaon Rl~2012.~
Adopt~
Adopt~ as Am~ded
D~t~ YeffAye No~ay Abstain
Tabl~ William Ruled ~ Vot~ ~ ~ ~
Wi~d~wn C~stoph~ Taint S~ond ~ ~ ~
Sup~isor's Appt '
Jill ~h~y Vot~ ~ ~ ~
Tax R~eiv~s Appt --
R~c~d~ AI~ ~pski Jr. Vot~ ~ ~ ~
~ui~ P. Eves Mov~ ~ ~ ' ~
Town Cl~k's Appt
Supt Hgwys Appt Scott Rmsell Vot~ ~ ~ ' ~
No Action
2012-881
CA TEGOR Y:
DEPARTMENT:
Bid Acceptance
Town Clerk
Reject All Heating Oil Bids
RESOLVED that the Town Board of the Town of Southold hereby rejects any and all bids for
supplying the Town of Southold with Heating Oil for the 2013 calendar year and be it further
RESOLVED that the Town Board authorizes the Town Clerk to re-bid this item.
Vote Record - Resolution RES-2012-881
[] ^doptea /
[] Adopted as Amended 1 Yes/Aye
[] Defeated ~ ~ ~
[] Tabled ~ M---~v er []
No/Nay Abstain Absent
December 4, 2012 Page 23
Southold Town Board Meeting Minutes
[] Withdrawn Jill Doherty Voter [] [] [] []
[] Supervisors Appt Albert KrUpski Jr. oter [] [] [] []
[] Tax Receivers Appt Second ' :
Louisa P. Evans [] [] [] []
[] Rescinded er
[] Town Clerk's Appt ~C<>tt Russell Voter ~ fi ~ []
[] Supt Hgwys Appt
[] No Action
2012-882
CA TE G OR Y:
DEPARTMENT:
Bid Acceptance
Town Clerk
Accept Diesel 2013
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Burt's
Reliable~ at a fixed differential price of $0.15 per gallon over the Northville Rack Price~ for
supplying the Town of Southold with ultra low sulfur diesel fuel for the 2013 calendar year~
subject to the approval of the Town Attorney.
~' V~te Reeord. Re~lution RES-2012-882 · ,
[] Adopted
[] Adopted as Amended .
[] Defeated Yes/Aye NofNay Abstain Absent
[] Tabled William Ruland Second [] [] [] []
er
[] Withdrawn
Christopher Talbot Voter [] [] [] []
[] Supervisor's Appt
Jill Doherty Mover [] [] []
[] Tax Receiver's Appt
[] Rescinded Albert Kmpski Jr. Voter [] [] [] []
Louisa P. Evans Voter [] ~ ~ []
[] Town Clerk's Appt
[] Supt Hgwys Appt Scott RusselI Voter [] [] [] []
[] No Action
2012-883
CA TEGOR Y:
DEPARTMENT:
Public Service
Town Clerk
Waive Tip Fees
RESOLVED that the Town Board of the Town of Southold hereby waives tipping fees for
disposal of storm related yard, household and construction/demolition debris only, until January
2, 2013.
December 4, 2012 Page 24
Southold Town Board Meeting Minutes
Vote ~rd ~ Resolution P~S-20!2-883
[] Adopted
[] Adopted as Amended
Yes/Aye No/Nay Abstain Absent
[] Defeated ~
[] Tabled William Ruland Mover [] [] [] []
[] Withdrawn Christopher Talbot Voter [] [] [] []
[] Supervisot's Appt Jill Doherty Voter [] [] [] []
[] Tax Receiver's Appt Albert Krupski Jr. Second [] [] [] []
[] Rescinded --
Louisa Pi Evans voter [] [] [] []
[] Town Clerk's Appt ~
[] Supt Hgwys Appt Scott Russell Voter [] [] [] []
[] No Action
2012-884
CATEGOR~
DEPARTMENT:
Public Service
Town Clerk
Waive Building Permit Fees
RESOLVED that the Town Board of the Town of Southold hereby waives building permits fees
for any repairs or construction, that in the sole discretion of the Building Inspector, are
determined to be related to Superstorm Sandy, until January 2, 2013
[] Adopted
[] Adopted as Araended
Yes/Aye No/Nay Abstain Absent
Louisa P. Evans Voter [] [] [] []
Comments regarding resolution 884
COUNCILMAN TALBOT: I just had a comment. I had previously voted no on this and after
seeing that there might not be that many building permit fees that are going to be waived, peer
pressure from my Board members, I am going to vote yes.
2012-885
December 4, 2012 Page 25
Southold Town Board Meeting Minutes
CA TEGOR Y:
DEPARTMENT:
Public Service
Town Clerk
Waive Building Permit Fees
RESOLVED that the Town Board of the Town of Southold hereby waives Trustees' permits fees
for any repairs or construction, that in the sole discretion of the Board of Trustees, are
determined to be related to Superstorm Sandy, until January 2, 2013
Adopted
Withdm~ Chfistoph~ Taint S~ond ~ ~ ~ ~
~uisa P. Evans Mov~ ~ ~ ~ : ~
2012-886
CATEGORY: Bond
DEPARTMENT: Town Clerk
FIFD Resolution & Order After Public Hearing
WHEREAS, the Board of Commissioners of the Fishers Island Ferry District (the
"Board" and the "District", respectively), in the Town of Southold (the "Town"), Suffolk
County, New York, pursuant to the resolution adopted on October 24, 2012 and subscribed by
each of the members of the Board of Commissioners, which together with a petition in due form,
was duly submitted to the Town Board (the "Town Board") of the Town, has requested the Town
Board to call a public hearing to hear all persons interested in the subject thereof, being the
construction of improvements to the North and South ramps at the Fishers Island Ferry Terminal,
consisting of(i) improvements to the North ramp consistent with the plan labeled "Option C" in
the report prepared by Docko, Inc., professional engineers, duly licensed by the State of New
York and (ii) improvements to the South ramp consistent with the plan appearing in the report
prepared by Docko, Inc., on file in the office of the District and the office of the Town Clerk of
the Town; all of the foregoing to include original furnishings, equipment, machinery and
apparatus required for the purposes for which such ferry terminal is used (herein collectively
called the "Project"), the estimated maximum cost thereof being $861,000; and
WHEREAS, it is intended that the Town shall issue bonds in the principal amount
of not to exceed $500,000 at any one time, pursuant to the Local Finance Law; and it is expected
December 4, 2012 Page 26
Southold Town Board Meeting Minutes
that the $361,000 balance of said Project shall be paid from other available funds of the District;
and
WHEREAS, in the event any grant funds are received by the District or the Town
with respect to the Project, such grant funds shall be expended to pay a part of the cost of the
Project and the principal amount of bonds or notes to be issued shall be reduced by an amount
equal to the amount of grant funds so received and expended, or such grant funds may be
expended to pay debt service relating to the bonds or notes issued to finance the Project; and
WHEREAS, on August 15, 2000 the Town Board adopted a resolution, subject to
a permissive referendum, authorizing and increasing the aggregate principal amount which the
Town Board may borrow and for which obligations may be issued from five hundred thousand
dollars ($500,000) to five million dollars ($5,000,000), as authorized pursuant to Section 4 of
Chapter 699 of the Laws of 1947, and acts amendatory thereto, and such resolution has not been
amended, modified or rescinded; and
WHEREAS, this Board of Commissioners of the District, as lead agency, has
given due consideration to the impact that the Project may have on the environment and has
determined that the Project will have no significant adverse impact upon the environment and
that it is a Type II action pursuant to the State Environmental Quality Review Act (SEQRA),
constituting Article 8 of the Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations
Part 617; and
WHEREAS, pursuant to the Order Calling Public Heating adopted by the Town
Board on November 20, 2012, a public heating to consider the proposed increase and
improvement of facilities of the District was opened on December 3, 2012 at the Fishers Island
Community Center on Fishers Island, and reconvened on December 4, 2012 at the Southold
Town Hall, and considerable discussion on the matter has been had and all persons desiring to be
heard have been heard concerning the subject matter thereof, including those in favor and those
in opposition;
NOW, THEREFORE, in consideration of the information given at such hearing, it
is hereby
DETERMINED, that it is in the public interest to increase and improve the
facilities of the District as hereinabove described, at the estimated maximmn cost of $861,000,
and the financing of a part of the cost of said Project by the issuance of bonds or notes of the
Town in the principal amount of not to exceed $500,000 at any one time, pursuant to the Local
Finance Law, with the $361,000 balance of the cost to be paid from other available funds of the
District; and it is hereby
ORDERED, that the facilities of the District shall be so increased and improved
and that the Engineer heretofore retained by the District shall prepare plans and specifications
and make a careful estimate of the expense for said increase and improvement of such facilities
and that the Engineer shall prepare specifications and make a careful estimate of the expense of
said increase and improvement of the facilities and with the assistance of the Attorney for the
District or the Town Attorney, shall prepare a proposed contract or contracts therefor, which
specifications, estimate and proposed contract(s) shall be presented to said Board of
Commissioners and the Town Board as soon as possible; and it is hereby
December 4, 2012 Page 27
Southold Town Board Meeting Minutes
FURTHER ORDERED, that the expense of said increase and improvement of
facilities shall be financed as hereinabove set forth, and the costs thereof, including payment of
the principal of and interest on the obligations authorized to be issued, shall be assessed, levied
and collected by the Town Board from the several lots and parcels of land within the District in
the same manner and at the same time as other Town charges, but if not paid from such source,
all the taxable property within said Town shall be subject to the levy of ad valorem taxes, in an
amount sufficient to pay the principal of and interest on said obligations; and it is hereby
FURTHER ORDERED, that the Town Clerk record a certified copy of this
Resolution and Order After Public Hearing in the office of the Clerk of Suffolk County within
ten (10) days after adoption hereof.
Vote R~eord - Resolution RE~.2012-886
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Christopher Talbot Voter [] [] [] []
[] Supervisor's Appt Jill Doherty Voter [] [] [] []
[] Tax Receiver's Appt Albert Krupski Jr. Second g~ [] [] []
[] Rescinded er
[] Town Clerk's Appt Louisa P. Evans Mover ~ [] [] []
[] Supt Hgwys Appt Scott Russell Voter [] [] [] []
[3 No Action
2012-887
CA TEGOR Y: Bond
DEPARTMENT: Town Clerk
FIFD Bond Resolution
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED DECEMBER 4, 2012, APPROPRIATING
$861,000 FOR THE INCREASE AND IMPROVEMENT OF
FACILITIES OF THE FlSHERS ISLAND FERRY DISTRICT,
INCLUDING THE EXPENDITURE OF UP TO $361,000 IN
AVAILABLE FUNDS OF THE DISTRICT TO PAY A PART OF
SAID APPROPRIATION; AND AUTHORIZING THE
ISSUANCE OF NOT TO EXCEED $500,000 SERIAL BONDS
OF SAID TOWN TO FINANCE THE BALANCE OF SAID
APPROPRIATION
WHEREAS, following preparation of a map, plan and report and an estimate of
cost ~br the increase and improvement of facilities of the Fishers Island Ferry District (herein
December 4, 2012 Page 28
Southold Town Board Meeting Minutes
referred to as the "District"), in the Town of Southold (herein called the "Town"), in the County
of Suffolk, New York, and after a public hearing duly called and held, the Town Board of the
Town determined that it is in the public interest to increase and improve the facilities of the
District, and ordered that such facilities be so increased and improved;
Now, therefore, be it
RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN
THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds
of all the members of said Board) AS FOLLOWS:
Section 1. The Town hereby appropriates the amount of $861,000 for the
increase and improvement of facilities of the District, being the construction of improvements to
the North and South ramps at the Fishers Island Ferry Terminal, consisting of (i) improvements
to the North ramp consistent with the plan labeled "Option C" in the report prepared by Docko,
Inc., professional engineers, duly licensed by the State of New York and (ii) improvements to the
South ramp consistent with the plan appearing in the report prepared by Docko, Inc., on file in
the office of the District and the office of the Town Clerk of the Town; all of the foregoing to
include original furnishings, equipment, machinery and apparatus required for the purposes for
which such ferry terminal is used. The estimated maximum cost thereof, including preliminary
costs and costs incidental thereto and the financing thereof, is $861,000 and said amount is
hereby appropriated for such purpose. The plan of financing includes (a) the expenditure of
available funds of the District in the amount of $361,000 to pay a part of said appropriation, (b)
the issuance of not to exceed $500,000 bonds of the Town to finance the balance of said
appropriation, and (c) assessment, levy and collected by the Town Board from the several lots
and parcels of land within the District in the same manner and at the same time as other Town
charges, but if not paid from such source, all the taxable property within said Town shall be
subject to the levy of ad valorem taxes, sufficient to pay the principal of and interest on said
obligations.
Section 2. Bonds of the Town are hereby authorized to be issued in the principal
amount of not to exceed $500,000 pursuant to the provisions of the Local Finance Law,
constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the
"Law"), to finance a part of said appropriation.
Section 3. The following additional matters are hereby determined and stated:
(a) The period of probable usefulness of the object or purpose for which said
bonds are authorized to be issued, within the limitations of Section 11.00 a. 7 of the Law, is
twenty (20) years.
(b) The proceeds of the bonds herein authorized and any bond anticipation notes
issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made
after the effective date of this resolution. The foregoing statement of intent with respect to
reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United
States Treasury Department.
(c) The proposed maturity of the serial bonds authorized by this resolution will
exceed five (5) years.
Section 4. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of said bonds shall contain the recital of validity
prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation said
bonds shall be general obligations of the Town, payable as to both principal and interest by a
December 4, 2012 Page 29
Southold Town Board Meeting Minutes
general tax upon all the taxable real property within the Town. The faith and credit of the Town
are hereby irrevocably pledged to the punctual payment of the principal of and interest on said
bonds and any notes issued in anticipation of the sale of said bonds, and provision shall be made
annually in the budget of the Town by appropriation for (a) the amortization and redemption of
the bonds and any notes issued in anticipation thereof to mature in such year and (b) the payment
of interest to be due and payable in such year.
Section 5. Subject to the provisions of this resolution and of the Law and
pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds
with substantially level or declining annual debt service, Section 30.00 relative to the
authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to
60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing
bond anticipation notes and prescribing the terms, form and contents and as to the sale and
issuance of the bonds herein authorized, and the renewals of said bond anticipation notes, and as
to executing contracts for credit enhancements and providing for substantially level or declining
annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town.
Section 6. The validity of the bonds authorized by this resolution, and of any
notes issued in anticipation of said bonds, may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
Town is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of
publication of such resolution, or a summary thereof, are not substantially
complied with, and
an action, suit or proceeding contesting such validity is commenced within twenty days after the
date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Section 7. This resolution shall take effect immediately and the Town Clerk is
hereby authorized and directed to publish the foregoing bond resolution, in summary, in "The
Suffolk Times," a newspaper having a general circulation in said Town, which newspaper is
hereby designated as the official newspaper of the Town for such publication, together with the
Town Clerk's statutory notice in the form prescribed by Section 81.00 of the Local Finance Law
of the State of New York.
(NOTICE AND SUMMARY OF BOND RESOLUTION FOR PUBLICATION)
NOTICE
The resolution, a summary of which is published herewith, has been adopted on the 4th day of
December, 2012, and the validity of the obligations authorized by such resolution may be
hereafter contested only if such obligations were authorized for an object or purpose for which
the Town of Southold, in the County of Suffolk, New York is not authorized to expend money or
if the provisions of law which should have been complied with as of the date of publication of
this notice were not substantially complied with, and an action, suit or proceeding contesting
such validity is commenced within twenty days after the publication of this notice, or such
obligations were authorized in violation of the provisions of the constitution.
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
December 4, 2012 Page 30
Southold Town Board Meeting Minutes
ELIZABETH A. NEVILLE
Town Clerk
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK,
ADOPTED DECEMBER 4, 2012, APPROPRIATING $861,000 FOR THE
INCREASE AND IMPROVEMENT OF FACILITIES OF THE FISHERS
ISLAND FERRY DISTRICT, INCLUDING THE EXPENDITURE OF UP TO
$361,000 IN AVAILABLE FUNDS OF THE DISTRICT TO PAY A PART OF
SAID APPROPRIATION; AND AUTHORIZING THE ISSUANCE OF NOT TO
EXCEED $500,000 SERIAL BONDS OF SAID TOWN TO FINANCE THE
BALANCE OF SAID APPROPRIATION
The object or purpose for which the bonds are authorized is the increase and improvement of
facilities of the Fishers Island Ferry District at the estimated total cost of $861,000, being the
construction of improvements to the North and South ramps at the Fishers Island Ferry Terminal,
consisting of(i) improvements to the North ramp consistent with the plan labeled "Option C" in
the report prepared by Docko, Inc., professional engineers, duly licensed by the State of New
York and (ii) improvements to the South ramp consistent with the plan appearing in the report
prepared by Docko, Inc., on file in the office of the District and the office of the Town Clerk of
the Town; all of the foregoing to include original furnishings, equipment, machinery and
apparatus required for the purposes for which such ferry terminal is used.
The maximum amount of obligations to be issued is $500,000. Available funds of the District in
the amount of $361,000 will be used to pay a part of said appropriation.
The period of probable usefulness is twenty (20) years.
A complete copy of the Bond Resolution summarized above shall be available for public
inspection during normal business hours at the office of the Town Clerk, Town Hall, 53095 Main
Road, Southold, New York.
Vote Record - Resolution RES-2012-887
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Voter [] : [23 [3
[] Withdrawn Christopher Talbot Second [] [] [] []
[] Supervisor's Appt
[] Tax Receiver's Appt Jill Doherty Voter [] [] [] [3
[] Rescinded Albe~ Krupski Jr. Voten' [] [] [] []
Louisa P. Evans Mover [] [] [] []
[] Town Clerk's Appt
Scott Russell Voter [] [] ~ []
[] Supt Hgwys Appt
[] No Action
December 4, 2012 Page 31
Southold Town Board Meeting Minutes
2012-888
CATEGOR~
DEPARTMENT:
Property Acquisition Purchase
Land Preservation
Marcari Farms LLC Purchase Der Rights/SEQRA
WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of
the purchase of a development rights easement on a certain parcel of property owned by Macari
Farms, LLC on the 4th day of December, 2012, at which time all interested parties were given the
opportunity to be heard; and
WHEREAS, said property is identified as SCTM #1000-112.-2-p/o 1 and SCTM #1000-112.-
2.2. The addresses are 950 & 1350 Bergen Avenue in Mattituck. The property is located in the
A-C zoning district and is situated on the easterly side of Bergen Avenue approximately 720 feet
northwesterly from the intersection of Arbor Lane and Bergen Avenue in Mattituck, New York;
and
WHEREAS, the development rights easement comprises a part of the property consisting of
approximately 25.2± acres (subject to survey) of the 27.2± parcels' total acreage. The exact area
of the development rights easement is subject to a survey acceptable to the Land Preservation
Committee and the property owner; and
WHEREAS, the easement will be acquired using Community Preservation Funds. This project
is eligible for partial funding from an awarded grant fi'om the United States Department of
Agriculture - Natural Resources Conservation Service (USDA-NRCS).The purchase price is
$60,000 (sixty thousand dollars) per buildable acre for the 25.2± acre easement plus acquisition
costs; and
WHEREAS, the property is listed on the Town's Community Preservation Project Plan as
property that should be preserved due to its open space agricultural value; and
WHEREAS, the purchase of the development rights on this property is in conformance with the
provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands
Preservation) of the Town Code, and
WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront
Consistency Review) of the Town Code and Local Waterfront Revitalization Program
("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the
LWRP; and
WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition,
and recommends that the Town Board acquire the development rights easement; and
WHEREAS, the Town Board deems it in the best public interest that the Town of Southold
purchase the development rights on this agricultural land; and,
December 4, 2012 Page 32
Southold Town Board Meeting Minutes
WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted
Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and,
WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and
Regulations; and,
WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form
for this project that is attached hereto; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact
on the environment and declares a negative declaration pursuant to SEQRA Rules and
Regulations for this action; and, be it further
RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a
development rights easement on agricultural land owned by Macari Farms, LLC, identified as
SCTM #1000-112.-2-p/o 1 and SCTM #1000-112.-2-2. The proposed action has been reviewed
pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and
the Town Board has determined that this action is consistent with the LWRP.
IEI Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Christopher Talbot Second [] [] [] []
er
[] Supervisor's Appt
Jill Dohe~ty Voter [] [] [] []
[] Tax Receiver's Appt
[] Rescinded Albea Krupski Jr. Voter [] [] [] []
Louisa P. Evans : Mover [] [] [] []
[] Town Clerk's Appt
[] Supt Hgwys Appt Scott Russell Voter [] [] [] []
[] No Action
VI. Public Hearings
Motion To: Motion to recess to Public Hearing
RESOLVED that this meeting of the Southold Town Board be and hereby is declared
Recessed at 7:54 PM for the purpose of holding a public hearing
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Albert Krupski Jr., Councilman
AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell
Fifd Ph 12/3 & 12/4
December 4, 2012 Page 33
Southold Town Board Meeting Minutes
RESULT: CLOSED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Jill Doherty, Councilwoman
AYES: Ruland, Talbot, Doherty, Kmpski Jr., Evans, Russell
Councilman Talbot
COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN that the Town Board of the Town
of Southold, in the County of Suffolk, State of New York, will meet at the Fishers Island
Community Center, Fishers Island, in said Town, at 7 o'clock P.M., on December 3, 2012 and
will reconvene on December 4, 2012 at 7:32 P.M. at the Southold Town Hall, 53095 Main Road,
Southold, New York for the purpose of conducting a public hearing to consider the increase and
improvement of facilities of the Fishers Island Ferry District, consisting of the construction of
improvements to the North and South ramps at the Fishers Island Fen'y Terminal, consisting of
(i) improvements to the North ramp consistent with the plan labeled "Option C" in the report
prepared by Docko, Inc., professional engineers, duly licensed by the State of New York and (ii)
improvements to the South ramp consistent with the plan appearing in the report prepared by
Docko, Inc., on file in the office of the District and the office of the Town Clerk of the Town; all
of the foregoing to include original furnishings, equipment, machinery and apparatus required for
the purposes for which such ferry terminal is used (herein collectively called the "Project"), the
estimated maximum cost thereof being $861,000. The Town shall issue bonds in the amount of
not to exceed $500,000 at any one time, pursuant to the Local Finance Law. It is expected that
the $361,000 balance of the cost of said Project shall be paid from other available funds of the
District.
At said public hearing, the Town Board will hear all persons interested in said
subject matter thereof concerning the same.
I have a notice that it was placed on the Town Clerk's bulletin board on November 20, 2012 and
it was also published in the New London Day of November 23, 2012 and that it was posted in
five (5) public places within the Fishers Island Ferry District in the Town of Southold, number
one being the Fishers Island Community Center bulletin board, 2, the Fishers Island library, 3,
the Fishers Island village market, 4, the Fishers Island post office bulletin board and 5, the
Fishers Island Ferry District office public bulletin board. And we are also going to incorporate
minutes of a meeting that was held last night, December 3, 2012 on Fishers Island pertaining to
the same public hearing.
SUPERVISOR RUSSELL: Would anyone like to address the Town Board on this particular
public hearing? I would just like to clarify, people might have gotten the wrong impression a
few weeks ago with regard to the coverage of this particular bond. The bond is actually paid for
by just the residents of the Fishers Island Ferry District. It is not a bond that would extend over
the total tax base. The residents who utilize that ferry will be paying for this in its entirety. And
those residents that live on Fishers Island as part of that ferry district. (No response)
PH 12/4/12, 7:34 Pm - Macari
December 4, 2012 Page 34
Southold Town Board Meeting Minutes
RESULT: CLOSED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Jill Doherty, Councilwoman
AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell
Councilman Christopher Talbot
COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN RESOLVED that pursuant to the
provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands)
of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ December
4~ 2012~ at 7:34 p.m. Southold Town Hall~ 53095 Main Road~ Southold~ New York as the
time and place for a public hearing for the purchase of a development rights easement on
property owned by Macari Farms~ LLC. Said property is identified as SCTM #1000-112.-2-
p/o 1 and SCTM #1000-112.-2-2. The addresses are 950 & 1350 Bergen Avenue in Mattituck.
The property is located in the A-C zoning district and is situated on the easterly side of Bergen
Avenue approximately 720 feet northwesterly from the intersection of Arbor Lane and Bergen
Avenue in Mattituck, New York. The proposed acquisition is for a development rights easement
on a part oft he property consisting of approximately 25.24- acres (subject to survey) of the 27.24-
parcels' total acreage.
The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land
Preservation Committee and the property owner. The easement will be acquired using
Community Preservation Funds. This project is eligible for partial funding from an awarded
grant from United States Department of Agriculture - Natural Resources Conservation Service
(USDA-NRCS).The purchase price is $60,000 (sixty thousand dollars) per buildable acre for the
25.24- acre easement plus acquisition costs.
The property is listed on the Town's Community Preservation Project Plan as property that
should be preserved due to its open space agricultural value.
FURTHER NOTICE is hereby given that a more detailed description of the above mentioned
parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375
Route 25, Southold, New York, and may be examined by any interested person during business
hours.
I have a notice from Mark Terry, principal planner and LWRP coordinator. "The proposed
acquisition is for development rights easement on part of the property consisting of 25.2 of the
27.2 parcels total acreage. The action has been reviewed to Chapter 268, Waterfront
Consistency Review of the Town of Southold town code and the LWRP policy standards. Based
upon the information provided on the LWRP consistency assessment form submitted to this
department as well as the records available to me, it is my recommendation that the proposed
action is consistent with the policy standards and therefore is consistent with the LWRP. And a
notice that it was posted on the Town Clerk's bulletin board on November 26, 2012 and that it
was posted in the Suffolk Times on November 29, 2012. That is it.
Supervisor Russell
SUPERVISOR RUSSELL: Would anybody like to be heard on this particular local law, this
December 4, 2012 Page 35
Southold Town Board Meeting Minutes
heating for acquisition?
Councilman Albert J. Krupsld
COUNCILMAN KRUPSKI: As you can see here on the map, it's two parcels. There are two
parcels together (inaudible) one two acre preserve area that is being left out. If you look at the
map, there is a lot of preservation; some from the state, a lot from the town and a lot from the
county. It almost reaches up to the Laurel Lake watershed. It is an important purchase because
it does add to the larger block of preserved land and also Melissa Spiro from Land Preservation
deserves a lot of credit. She worked hard to acquire a grant (inaudible).
Robert Dunn, Peconic
ROBERT DUNN: Inaudible.
SUPERVISOR RUSSELL: Sure.
MR. DUNN: Are these negotiated or is there a fixed amount?
SUPERVISOR RUSSELL: No, they are all negotiated. Every sale that takes place has at least
two appraisals done. And then offers get tendered to owners and then the negotiating, like any
real estate deal, goes back and forth.
MR. DUNN: Not to reflect on this deal or any other, I was just curious on how it works.
COUNCILMAN KRUPSKI: It is based on (inaudible)
SUPERVISOR RUSSELL: Yes, the whole premise is based on voluntary preservation. So
people come in the door, say they are interested in preserving this for a variety of reasons and
that is when the ball gets started.
Marie Domnici, Mattituck
MARIE DOMENICI: MacaWs vineyard is ....
COUNCILMAN KRUPSKI: Inaudible.
MS. DOMENICI: Great. Okay. Sounds good to me. Thank you.
Closing Comments
Supervisor Russell
SUPERVISOR RUSSELL: I would ask anybody at this point that would like to address the
Town Board on any issue to please feel free.
Robert Dunn, Peconic
ROBERT DUNN: Robert Dunn, Peconic. I was just wondering if we have any kind of updates
time wise with Goldsmiths?
December 4, 2012 Page 36
Southold Town Board Meeting Minutes
SUPERVISOR RUSSELL: Yes, hopefully in the next few weeks. Unfortunately, what, in order
to reduce the price of that armoring of that road, we had relied a great deal on the highway
superintendent and his men, unfortunately because of the events of the Superstorm Sandy, they
were more or less sidetracked with the substantial cleanup of debris townwide. Now, I just
talked to Pete yesterday, I think he envisions being done with the cleanup by the end of this
week, so hopefully over the next few weeks he will have men and equipment available to help
us to locate a lot of the mid-size materials and using his equipment.
MR. DUNN: The stone that was in tonight ....
SUPERVISOR RUSSELL: Yes.
MR. DUNN: I assume is part of that.
SUPERVISOR RUSSELL: Yes.
MR. DUNN: It is just that, I don't know how many of you have been down there but since the
storm, there was additional footings exposed from the previous buildings there. And all of that
creates eddies that kind of multiplies the erosions, as the water spins around and through these
things on the higher tides. It actually magnifies exponentially, raises up what erosion is going
on. So what was going on at a much slower pace last year is now multiplied up.
SUPERVISOR RUSSELL: Well, we are hoping to ramp up our effort to meet that challenge.
Hopefully in the next few weeks.
MR. DUNN: Oh, and I don't know how many of you have been listening to the news about the
follow up to Sandy, from so many municipalities up and down the coast? Just huge amounts of
money that is being asked for erosion control vis-h-vis dredging and refurbishing of sand. And
what you were talking about this morning about the town can do on the beaches because people
don't do dredging, they do armament. Which turns out to have some of the negative impact.
This might be a time to look at getting other entities to come in and return some of the sand that
was on our beaches that we know is now oft-shore.
SUPERVISOR RUSSELL: Right. Just for clarification, a lot of the discussion with regard to
mitigation would be the second phase through a FEMA program. I met with, I guess 7 different
FEMA representatives yesterday, right now we are still in recovery mode. So we are getting all
of our paperwork ready to submit for the substantial costs of the storm. The second phase would
be mitigation. That is where we would be looking at what projects can we do to make sure
things like this don't take place again. And that is a broad range of hopefully opportunities and
options we are looking at.
MR. DUNN: Right, I mean, putting some sand back there would make all the difference in
keeping the shoreline that much further out.
SUPERVISOR RUSSELL: Away from the roadbed, absolutely.
December 4, 2012 Page 37
Southold Town Board Meeting Minutes
MR. DUNN: I am not just talking about Goldsmiths, I am talking about everywhere. I mean,
some of the small communities on the south side that took a hit, well if the sand had been there
and kept that wave action further out, there would have been a lot less damage to houses and
infrastructure.
COUNCILMAN KRUPSKI: We are still learning about the coastal erosion process and the
DEC has got to be a good partner with us to allow us to do things like that. because moving sand
you know, it is not something .....
MR. DUNN: That is just not something that the town can do. I understand, it is not something
they can do alone anyway.
COUNCILMAN KRUPSKI: Yeah but we have to help them make that decision.
MR. DUNN: Exactly. Exactly. I mean, it is not only the south shore of New York which we
have seen it done, the south shore of Long Island, we have seen it done.
COUNCILMAN KRUPSKI: Sure.
MR. DUNN: (Inaudible), New Jersey is asking for $29 million.
COUNCILMAN KRUPSKI: Yes.
MR. DUNN: A couple of million in Southold township.
COUNCILMAN KRUPSKI: To armor the shorefront?
MR. DUNN: No, for dredging.
COUNCILMAN KRUPSKI: Oh, okay. Moving sand.
MR. DUNN: Moving sand and rebuilding the boardwalks. The Rockaways, they are talking
about new jetties, I mean groins rather. Multi-million dollar projects. Huge sums of sand that
are going to be put. They have already closed two of the inlets on Fire Island that were opened
up. And that was an emergency, it had to be done. And I am not saying it shouldn't be done but
if everybody is going to get up and get on line, I don't see any reason why Southold shouldn't
either.
COUNCILMAN KRUPSKI: Well, no, the Supervisor has been pretty active like you said with
FEMA to try to get, we just, we were fortunate to get help last year when we had the road, you
know, the road in peril there at Soundview and also the town beach got hit pretty hard. But that
was last year and we did get money, reimbursement money from FEMA to do that. this year we
didn't really get anything structural like that fortunately.
December 4, 2012 Page 38
Southold Town Board Meeting Minutes
MR. DUNN: But I am talking preventive here.
COUNCILMAN KRUPSKI: I understand.
MR. DUNN: Yeah, obviously there was no major hits here but everybody is going to get in line
for that.
COUNCILMAN KRUPSKI: Right. Yes.
MR. DUNN: We live in the same country. Thanks.
COUNCILMAN KRUPSKI: So noted. Thanks. Anyone else have any comment? Made?
Marie Dominici, Mattituck
MARIE DOMENICI: Made Domenici, Mattituck. Good evening. I am here to talk about my
three favorite topics. Spraying in Orient, tick and deer management and the puddle on Aldrich
Lane. What I would like to know from the Board is, having brought up about the spraying in
Orient and how deadly it is what they are using to spray and how it effects the waterways and the
fish and the wildlife and I was just wondering if the town has had any decisions or thoughts on
what can be done alternatively or just do we continue to do what we do because we always do it
and it is mining our environment? And don't tell Scott I said it.
COUNCILMAN KRUPSKI: No, that is a county program and you would really have to reach
out, that is a county Department of Public Works program.
MS. DOMENICI: But we live here. Don't we have a vested interest in pursuing the county as a
town rather than just have individuals call the county and say can you fix this? I mean, aren't we
concerned about the spraying that goes on in Orient?
SUPERVISOR RUSSELL: Let me just, anything the county does is done under the aegis of the
state DEC. and we work with those people each and every day. I think that those are people that
are very committed to the environment and very committed to the communities that live here.
You know, sometimes you have to let the jurisdictions that have the authority, review and have
faith that they are doing their job right. But all of those permits, the county is no different than
the town, they have to go to those jurisdictions to get permits to do what they are doing.
MS. DOMENICI: But it is just a robber stamp thing.
SUPERVISOR RUSSELL: Dealing with the DEC on a regular basis like we do, I find that hard
to believe. I think they are pretty thorough.
MS. DOMENICI: But when you are using the product Scourge that has top secret ingredients,
you don't even know what is being sprayed there and the controversy that it is hazardous to
waterways and fish life and bird life, so I mean, as a town, if we don't pursue it for any other
reasons for health and well-being, than we should pursue it because it has a real estate impact.
Because when you damaged all of that with that continued (inaudible), alright good, we don't
December 4, 2012 Page 39
Southold Town Board Meeting Minutes
have mosquitoes now but everything is dead in the water way, everything is polluted, the
drinking water, everything. So how, I mean, we have a vested interest in as a town to do
something about that. you know, one person calling up the DEC isn't going to make a big
difference, so if I pick up the phone and call the DEC, they are going to say Marie Domenici
called we had better get on this. That is not going to happen. But if the town, where we could
say, look it, what's being done here is you know, negative health impact to our community and
the residents of the community and to the wildlife, the fisheries and all of that. I mean, there has
got to be something that will be a catalyst to make them do something different. What they will
do different, I don't know but the rubber stamp pesticide treatment that we are using is not in
anyone's best interest and i am just amazed that the town is not, you know.
COUNCILWOMAN DOHERTY: I think that that's part of the problem is, is what they are
doing now is the best solution that they have and that they are able to do. Until they come up
with something else that is feasible, it's not going to change. Everything is always changing but
sometimes it takes a longer time to but we know that there are better products out there but for
them to change the whole program it is not just a matter of okay, let's go with this product now.
There is a lot of different structural changes that need to be made and it is not so easy for the
county to get the DEC to get on board with all those changes and to have the means to come up
with a new program that will work and that will be approvable by the state. And I think that is
part of the problem.
MS. DOMENICI: Well, the squeaky wheel gets the attention. If no one is raising a flag or
making a phone call or making any contact with the DEC saying look, look at the ingredients,
they are kind of deadly to the environment, not to mention the impact that it would have on our
homes and our children. If no one is doing that, then it is just going to be a rubber stamp, you
know they will keep doing it because they always do. Why, if it is not broken, don't fix it. but it
is broken.
COUNCILMAN TALBOT: Marie, you know this Scourge, this product...
MS. DOMENICI: You need to look it up.
COUNCILMAN TALBOT: But where they are now has evolved from what they used to do.
Ten years, 20 years, 25 years ago, so it is not the same stuff that they were using back then. I am
sure that these guys have, as the supervisor said, they have a new product, it is better for the
environment maybe better for the people but still going to kill as many of the mosquitoes that
they can. I think that they are the ones best suited to address it and they have evolved just like
you and I have evolved.
MS. DOMENICI: Twenty-five, thirty years ago, they had less cancer in Nassau and Suffolk
county. But the point...
COUNCILMAN TALBOT: It might have been, (inaudible) the product that they used back
then.
December 4, 2012 Page 40
Southold Town Board Meeting Minutes
MS. DOMENICI: But see, I am concerned that no one else is concerned about this.
COUNCILMAN TALBOT: I find it interesting that nobody from Orient is coming in here to
talk about it.
MS. DOMENICI: Well, as environmentalist, I stand before you. and sometimes, you know,
people don't respond to things until they get hit over the head.
COUNCILMAN TALBOT: You should go to the county legislature then. They are the ones
that are either making the decisions and the budgets in vector control ....
MS. DOMENICI: So as a town board, then you have no interest in pursuing?
COUNCILMAN TALBOT: You know, I will put my weight behind those guys that they are
doing the right thing right now. Can you show me any cases where it has created any issues for
people?
MS. DOMENICI: Why don't you just look up the things that they are using to spray, read about
the contradictions and tell me if you want to expose your family to that, and the fish that you are
eating and the air that you are breathing.
COUNCILMAN TALBOT: Inaudible, you are exposing yourself or your kids, anybody to on
any given day and .....
MS. DOMENICI: Well, you know, whether it is the DEC or whatever organizations there are
that write the laws that say you are allowed to put this much stuff but when you have a bunch of
this much stuff, it doesn't, its just not this, it is this all the time and it has a negative impact and I
am really a little shocked and disappointed that as residents of this community that you don't see
the importance of....
COUNCILMAN TALBOT: I don't think anybody in Suffolk County has seen it.
MS. DOMENICI: Well, you know what? Some people don't read what they are being sprayed
with. If people read about what they were being sprayed with, they might have something to say
about it but you know, they are busy living their lives, doing what they do until they run into a
brick wall and find out, oh my god, when did this happen? Well, it has been happening for a
long time but no one is paying attention to it. so ifI have to be the squeaky wheel, then I have to
encourage the board to talk either with the Department of Health or some other organization that
can say you know what? This isn't really very good for the waterways, this isn't really very
good for whatever, the birds, the people. But you know, it is not until we get hit in the head with
something that we start to say, oh, we should look into this. And that is really very disingenuous
I have to say.
SUPERVISOR RUSSELL: First, the notion that it is a rubber stamp I think is selling many
people short. First of all, the Department of Health at the county and state level are made up of
December 4, 2012 Page 41
Southold Town Board Meeting Minutes
people just like you and me. They are people that are leamed, they are people that are
environmentalists just like you and me, these aren't mindless bureaucrats that stay there for
generations. People get reappointed all the time to those boards. These people look at this stuff
thoroughly with regularity. The DEC is an agency who is far from a rubber stamp. This is an
agency that has taken an assertive role in dredging because they see the ill effects, they have
narrowed our dredging opportunities to such a narrow window that we are rushing around pell
mell trying to get dredging done within a few weeks. You know, these are people that, there are
plenty of environmentalists on staff there, there are plenty of people that that's what they do for a
living. And then when you factor in and you feather back in the Department of Health and all
these other agencies, it's, I think it's a lot, I think a rubber stamp frankly, I just don't think that is
taking place. I think these are people that put a lot of effort, a lot of research, a lot of scientist
and a lot of environmentalists in the discussion to make sure they are making the wisest, best
decisions they can based on available science, based on available evidence. I truly believe that.
I deal with these people regularly. And I have no reason to think that they are going to sell us
short, given their mission statement, given ....
MS. DOMENICI: Okay, the only thing I would say to this board, look up Scourge. Okay?
Because you have to read it to really think that what you are saying and I respect the board but I
do not agree with you in this case. I really think this is something that has a negative impact on
our community and it is not until you have an impact financially is it going to make a difference.
So when people cannot sell their houses because of the pollution and whatever that comes with
that, then maybe people will say, well, you know what, we should have thought about this. The
wildlife is failing, the fisheries are failing, the water is polluted but we don't have any
mosquitoes so it might be a selling feature, I don't know. But I don't want to beat a dead horse
to death, so I will just let that one go until probably the next meeting. When we were at that
meeting at the rec center about deer management and I think it came up about herding deer and
corralling them and listen, I don't want to kill Bambi but when it comes down to health issues
versus Bambi, I have to think we pay taxes, Bambi doesn't, so at the end of the day I think we
should be the last man standing. I know the state has a law that we can't herd to euthanize but
what is the town doing to pursue the assembly to say what can we do about this?
SUPERVISOR RUSSELL: I just had a meeting probably not even a month ago, with Senator
LaValle and Assemblyman Thiele, to discuss the need for what we would call local option
legislation. I understand the state doesn't want to change hunting regulations that would have a
state-wide impact but tailor hunting regulations to give towns who are willing to go through the
public hearing process, to include the public input and then adopt by local law, standards that
meet the needs of the town so that we can successfully participate in a deer eradication program.
They said that they would be interested and willing and they would entertain the idea of sitting
down and talking about legislation to create that type of effect. We are actually meeting
regularly now with DEC representatives who oversee our deer management program. We are
already getting signs from those agents that the rules are starting to loosen, they actually are
considering allowing us to bait some of the town preserves so that we can make more successful
hunts out of our program. So we are starting to see signs that they get it, they are starting to get
it. I think staffers there get it, I think the legislators are starting to understand that this notion
that somehow, someway they had better not offer legislation up because they are going to have
December 4, 2012 Page 42
Southold Town Board Meeting Minutes
PETA at their front door, I think they are starting to realize that the public mindset has shifted a
great deal in the last 20 years, as this becomes a real absolutely economic and health crisis.
MS. DOMENICI: Okay, so I am sure, because you provided me with good statistics when I
asked you about the accidents that have occurred, and there are what? Over 2,200 with 60
injuries and one death. I mean, those are staggering numbers and I am sure if you have updated
it, I am sure the numbers have changed greatly.
COUNCILMAN KRUPSKI: Those are the reported accidents.
MS. DOMENICI: Right, there are ones that are not reported. But even from the time you took
those statistics until today, those numbers have increased.
SUPERVISOR RUSSELL: Right. We plan on putting all that on the table, along with what we
can estimate from the agricultural community in terms of crop loss each year. You see in the
press, you see the amount of money that is being spent on deer fencing, I am sure that the state
would need to spend so much money on deer fencing or they give us a freer hand in the deer
management program.
MS. DOMENICI: Well, the other thing with the deer fencing which I support because we have
to keep the crops from being mined so that farmers can continue to live but at the end of the day,
we are pushing it all on everyone who doesn't have deer fencing and the roadways are going to
be really the deer highway rather than you know, it is not going to be CR 48 it's going to be you
know reindeer superhighway. Well, anyway, I am glad to hear that. Thank you for that follow
up and hopefully you will then update us when you have made a successful connection. And last
and my favorite topic, Al, can you guess what it is?
COUNCILMAN KRUPSKI: I am going to guess it's your favorite pond.
MS. DOMENICI: Yes, yes. On Aldrich Lane, the west nile haven.
COUNCILMAN KRUPSKI: The west nile breeding area.
MS. DOMENICI: Yes. 1 mean, this is a minor detail that can be fixed and it is a 10 year quest.
Why?
COUNCILMAN KRUPSKI: I don't know.
MS. DOMENICI: Okay, well, thank you for that answer.
COUNCILMAN KRUPSKI: Okay. I will speak to the highway department, the highway
superintendent tomorrow.
MS. DOMENICI: But he has been spoken to already, this is not unknown to him. And why is,
you can't keep pushing it back and forth between saying the park department, no, it's the
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Southold Town Board Meeting Minutes
department of highway. Somewhere, my tax dollars have to have a collaborative erfurt where
you can say we will fix this.
COUNCILMAN KRUPSKI: You just don't want the county to spray the puddle, right.'?
MS. DOMENICI: That is correct.
SUPERVISOR RUSSELL: The problem is that we are living in an era of very limited resources
and those resources get more limited each and every day. we have new requirements, MS 4, the
stormwater mitigation plans. We get done in-house what we can but there is such an enormous
amount of work that needs to be done that the highway superintendent or the DPW
commissioner, whoever it is, has to make those decisions. What do we get done this week, this
week, this week based on meeting federal and state requirements. So when we have that
available, whether it is funds or whether it is manpower, we have to attend to those first. We
have to attend to those impaired waterbodies first. Aldrich Lane is an issue of convenience.
Yes, we should correct it and hopefully sooner rather than later but we have more pressing
matters. I would submit that areas of flooding that are getting into our estuaries and our
waterbodies should be the priority. Those are a much more substantial risk to the environment
and they need addressing not just as a matter of because it is the right thing to do but also as a
matter of law because of MS 4.
MS. DOMENICI: Okay. And I respect that also but again, west nile is a big, fast growing
situation that is happening out here and you have a park right there so you are really making a
feeding ground. And it is not, and again, I understand the priority but this just seems like such a
small fix that it could be, and again, I am not an engineer but it doesn't look like a big to do, it is
just a matter of having someone paying attention and stop pushing the ball back and forth
between the department of parks and the department of highway.
COUNCILMAN KRUPSKI: The Supervisor is right, there is a puddle on every road. It is a
massive problem.
MS. DOMENICI: I understand that. I understand that.
COUNCILMAN TALBOT: We can't push the ball back to the parks because the parks have
nothing to do with the town. That is the Mattituck park district.
MS. DOMEN1CI: Right.
COUNCILMAN TALBOT: So if the highway superintendent controls the drainage on the roads
and I did see that puddle there and I saw a dry area around the drain and then the puddle adjacent
to it ....
MS. DOMENICI: It has been there, the puddle never goes away. It is there ....
COUNCILMAN TALBOT: Yeah but the puddle wasn't around the drain.
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Southold Town Board Meeting Minutes
MS. DOMENICI: Mmmhmm.
COUNCILMAN TALBOT: I am saying, did you ever see when it was full and that the catch
basin is full there? Because I was thinking it was all on that park district property and then once
it fills up there then it comes out on to the road.
MS. DOMENICI: It kind of, yeah, I think it overflows a little bit ....
COUNCILMAN TALBOT: The drain was dry when I saw the puddle still there so it wasn't the
drain that was the issue.
MS. DOMENICI: Yeah.
COUNCILMAN TALBOT: The park district has got some problems in their parking lot there.
MS. DOMENICI: Well, that's the point ....
COUNCILMAN TALBOT: And as a taxpayer in Mattituck park district, you can go down and
meet with them and ask them the question.
MS. DOMENICI: I have been there and they said go talk to the department of highways, so we
are back to square one. But anyway, alright well thank you.
SUPERVISOR RUSSELL: I wouldn't, by law, we wouldn't have the legal rights to make any
improvements on their property. We wouldn't be able to. Any drainage we could do would
have to be from the road and the width of that road.
MS. DOMEN1CI: They are claiming it is from the road. I am not going to dispute it either way
because I don't really know where, you know, whether it is the chicken or the egg. I don't know.
But anyway, thank you for your time.
SUPERVISOR RUSSELL: Sure.
MS. DOMENICI: Have a good evening.
Supervisor Russell
SUPERVISOR RUSSELL:
Board to please feel free?
I would invite anyone else who would like to address the Town
Counciwoman Doherty
COUNCILWOMAN DOHERTY:
Did you want to read that?
Scott, I just wanted to mention about the Tree Committee.
SUPERVISOR RUSSELL: You can.
December 4, 2012 Page 45
Southold Town Board Meeting Minutes
COUNCILWOMAN DOHERTY: The Tree Committee has a program and we had our meeting
last week and we felt that this was a good time of year to remind everybody about the program.
It's called the commemorative tree program and planting a tree to honor or pay tribute to a loved
one is a gift that keeps on giving. Each tree is identified with a bronze plaque with the name of
the individual or group in whose honor it has been planted. So if anyone is interested in doing
this and want more information, you can contact the Tree Committee here at town hall and I
believe, I have to double check, it should be on the website, a link on the website to get the
brochure to also contact us that way. So I just wanted to mention that to everybody. It is a good
program, we have got a good group, as a matter of fact tomorrow we have a couple of our
committee members going out and planting a couple of trees because we can't, with our budget it
is hard to hire people plus all the tree people are busy with the storm so a couple of the
committeemen are going out and doing it for themselves. It is a program that was started awhile
ago but it has got a good thing going and we raised a lot of money this year through our
advertising efforts as well.
COUNCILMAN KRUPSKI: That is a good committee.
COUNCILWOMAN DOHERTY: Yes.
Supervisor Russell
SUPERVISOR RUSSELL: Anybody else? (No response)
Motion To: Adjourn Town Board Meeting
RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned
at 8:24P.M.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Christopher Talbot, Councilman
SECONDER: Louisa P. Evans, Justice
AYES:
Southold Town Clerk
Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell