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Home My WebLink AboutTB-07/17/2012ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFF1CER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (63I) 765 - 1800 southoldtown.northfork.net SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES July 17, 2012 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, July 17, 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 July 17, 2012 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name William Ruland Christopher Talbot Jill Doherty Albert Krupski Jr. Louisa P. Evans Scott Russell Elizabeth A. Neville Martin D. Finnegan 1. Reports 1. Planning Board 2. Town Clerk 3. Building Department Organization Town of Southold Town of Southold Town of Southold Town of Southold Town of Southold Town of Southold Town of Southold Town of Southold Title Status Councilman Present Councilman Present Councilwoman Present Councilman Present Justice Present Supervisor Present Town Clerk Present Town Attorney Present Arrived 4. Department of Public Works July 17, 2012 Southold Town Board Board Meeting Minutes 5. Zoning Board of Appeals 6. Board of Town Trustees 7. Judge William H. Price Jr. 8. Judge Louisa P. Evans 9. Program for the Disabled 10. Justice Rudolph H. Price 11. SpeciaIProjects Coordinator 12. Shellfish Advisory Report 13. Recreation Department II. Public Notices 1. Liquor License Renewal III. Communications IV. Discussion 1. 9:00 A.M. - Phillip Beltz, Heather Lanza, Mark Terry and Karen McLaughlin 2. Highway Break Room 3. Street Lighting RFP 4. Grigonis Drainage Sump 5. EXECUTIVE SESSION - 11:00 A.M. - Melissa Spiro, Land Preservation 6. EXECUTIVE SESSION - Labor 7. EXECUTIVE SESSION - Litigation 8. Dredging Priority List Page 2 July 17, 2012 Southold Town Board Board Meeting Minutes Pledc, e of Allegiance to the Fla~, i. New Section ii. New Section Opening Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance to the Flag. Thank you. We have a very short agenda, so what I would like to do is get the agenda done and offthe table and then I am going to give everybody an opportunity to be heard on an issue I am sure everyone is here for. We just want to take care of this housecleaning first. If there is anything that is specific on the agenda that you would like to talk about, I would welcome you to come up and address the Town Board now. Please feel free. (No response). Ronald Fisher, Go-Green Councilman Albert J. Krupski, Jr. Councilman William P. Ruland V. Resolutions 2012-561 CA TEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated July 17~ 2012. ~ V~te Re[ord - Resolution RES-2012-S61 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] 'Fabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] 13 [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Mover [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Page 3 July 17, 2012 Southold Town Board Board Meeting Minutes 2012-562 CA TE GOR Y: DEP.4R TMENT: Set Meeting Town Clerk Set Next Meeting 7/31/12 7.'30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be heldt Tuesda¥~ July 31~ 2012 at the Southold Town Itall~ Southold~ New York at 7:30 P. M.. Vote Re~rd - R;solnti'on RES-2012-562 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent 0 Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Jill Doheny Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr Voter [] [] [] [] [] Rescinded Louisa P Evans Mover [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-563 CA TE GO R Y: DEP/I R TMENT: Close/Use Town Roads Town Clerk Grant Police Department Assistance to Cutchogue Fire Department Chicken BBQ on 8/25/12 Financial Impact: Cost Analysis from PD is $515.69 RESOLVED the Town Board of the Town of Southold hereby grants Police Department assistance to the Cutchogue Fire Department for its Annual Chicken BBQ on Saturday, August 25, 2012 at the Cutchogue Fire Department field, New Suffolk Road, Cutchogue, provided they 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 road markings or signs for the event be removed within twenty-four (24) hours of the completion of the event. Page 4 July 17, 2012 Southold Town Board Board Meeting Minutes 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 shall be waived. Vote Record - Resolution RES-2012-563 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruled Seconder [] [] [3 [] [] Withdrawn Christopher Talbot Voter El [] [] [] [] Supervisor's Appt Jill Doher~ Mover [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. - Voter [] [] [3 [] [] Rescinded Louisa P Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-564 CA TEGO R Y: DEPARTMENT: Attend Seminar Assessors Tax Receiver Meeting RESOLVED that the Town Board of the Town of Southold hereby grants permission to Claire Glew and Vickie DeFriest to attend a meeting on the Senior Citizen Affidavit program on July 18, 2012 at the Town of Huntington Tax Receiver's office. Transportation to be by town vehicle. No other expenses to be incurred. ,r' Vote Record - Resolution RES-2012-564 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulmd Mover [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr Seconder [] [] [] [] [] Rescinded Louisa P Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter El [] [] [] [] Supt Hgwys Appt [] No Action 2012-565 CATEGOR~ DEPARTMENT Committee Resignation Town Clerk Page 5 July 17, 2012 Southold Town Board Board Meeting Minutes Resignation from ABTF - Philip Hoffman RESOLVED the Town Board of the Town of Southold hereby accepts the resignation of Philip G. Hoffman from the Anti-Bias Task Force, effective immediately. Vote Record - Resolution RES-2012-565 [] Adopted 13 Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled Wiltiam Rutmd Seconder [] [] [] [] 13 Withdrawn Christopher Talbot Voter [] [] [3 [] [] Supervisor's Appt Jill Dohe~y Voter [] [] [] [] [] Tax Receiver's Appl Albert Krupski Jr. Mover [] [] [] [] [] Rescinded Louisa P Evans Voter 85 [] [] [] [] Town Clerk's Appt Scott Russell Voter ~ [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 565 COUNCILMAN KRUPSKI: We would like to thank Mr. Hoffman for his service to the Town. 2012-566 CATEGOR~ DEPARTMENT: Budget Modification Accounting Amend Capital Budget for Goldsmiths Inlet Studies Financial Impact; Appropriate all of County and part of State grant for Goldsmith6' Inlet studies and restoration and return $15, 000 to the General Fund WHEREAS the Town has recently received a grant from the County of Suffolk for evaluation of Goldsmiths Inlet and a grant from the New York State Department of State for restoration of Goldsmiths Inlet and WHEREAS the Town Board needs to create a budget in the Capital Fund for the evaluation and restoration of Goldsmiths Inlet by appropriating a portion of these grants, and WHEREAS last year the Town Board transferred $15,000 from the General Fund to the Capital Fund to conduct a Tidal Prism Study of Goldsmiths Inlet and has since determined that this Study should be funded through the aforementioned grants, and therefore that $15,000 should be transferred back to the General Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby transfers $15~000 from the Capital Fund to the General Fund effective immediately, and be it further Page 6 July 17, 2012 Southold Town Board Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby amends the 2012 Capital Fund Budget as follows: Decrease Revenues: H.5031.27 Interfund Transfer Increase Revenues: H.3089.45 EPF Grant H.2389.20 County Grant Net Revenue Increase $15,000 $24,234 85,666 $94,9OO Increase Appropriation: H.8997.2.400.200 Goldsmiths Inlet DNA Sampling $28,000 H.8997.2.400.300 Goldsmiths Inlet Bathymetry Study 66,900 Net Appropriation Increase $94,900 Vote Record - Resolution RES-2012-566 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr Voter [] [] [] [] [] Rescinded Louisa P Evans Mover [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-567 CA TEGOR Y: DEPA R TMENT: Budget Modification Accounting Budget Modification to Appropriate Insurance Recovery Financial Impact: Appropriate insurance recovery for repair of Supervisor's car damaged in 5/17/12 MVA RESOLVED that the Town Board of the Town of Southold hereby increases the 2012 General Fund Whole Town budget as follows: Revenues: A.2680.00 Insurance Recoveries $1,096 Total $1,096 Appropriations: Page 7 July 17, 2012 Southold Town Board Board Meeting .Minutes A.1640.4.400.650 Central Garage, Vehicle Maint & Repairs $1,096 Total $1,096 Vote Record - Resolution RES-2012-567 [] Adopted [] Adopted asAmended 13 Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruled Voter [] [] [] [] [] Withdrawn Christopher Talbot Mover I~ [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] 13 [] [] T~x Receiver'sAppt Albert Krupski Jr. Voter [] [] 13 [] [] Rescinded Louisa P Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-568 CA TEGOR Y: DEPA R TMENT: Properly Usage Town Clerk Authorize Parking for the Hertiage Program RESOLVED the Town Board of the Town of Southold hereby authorizes the Town Clerk to issue placards, at no charge, to certain individuals to park in areas requiring a Southold Town Beach Parking Permit for the purpose of conducting natural Heritage Program flora and fauna surveys for the Bay to sound Trails project being sponsored by the Town of Southold. Vote'Record- Resolution RES-2012-568 T . ~l Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supe~visor's Appt Jill Doheny Mover [] [] [] [] [] Tax Receiver'sAppt Albert KrupskiJr Voter [] [] El [] [] Rescinded Louisa P Evans Seconde~ [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-569 CA TEGOR Y: DEPARTMENT: Bid Acceptance Highway Department Page 8 July 17, 2012 Southold Town Board Board Meeting Minutes Accept Bid Item #5 Road Treatment RESOLVED that the Town Board of the Town of Southold hereby accepts the following bids for Item #5, Type 6 Asphalt Road Treatment: Price per Awarded to: Ton Southold Town Virgin 100-250 94.00 250-500 91.00 500-1000 88.00 1000+ 78.00 DeLalio Asphalt DeLalio Asphalt Rosemar Asphalt Rosemar Asphalt Fisherslsland Virgin 100-250 365.00 250-500 300.00 500-1000 250.00 1000+ 216.00 DeLalio Asphalt Rosemar Asphalt Suffolk Asphalt Suffolk Asphalt Southold Town RAP 100-250 79.00 250-500 75.00 500-1000 71.00 1000+ 71.00 DeLalio Asphalt Corazzini Asphalt Corazzini Asphalt Corazzini Asphalt Fishers Island RAP 100-250 300.00 Suffolk Asphalt 250-500 275.00 Suffolk Asphalt 500-1000 225.00 Suffolk Asphalt 1000+ 205.00 Suflblk Asphalt Vote Record - Resolution RES-2012-569 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Mov [] [] [] [] [] Defeated er Vote [] Tabled Christopher Talbot [] [] [] [] r [] Withdrawn Vote [] Supervisor's Appt Jill Doheny r [] [] [] [] [3 Tax Receiver's Appt Sec---~ [] Rescinded Albert Krupski Jr nder [] [] [] [] [] Town Clerk's Appt Louisa P Evans Vote [] [] [] [] [] Supt Hgw~s Appt r [] No Action Scott Russell Vote [] [] [] [] Page 9 July 17, 2012 Southold Town Board Board Meeting Minutes 2012-570 CA TEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept Bid Item #8 Road Treatment RESOLVED that the Town Board of the Town of Southold hereby accepts the following bids for Item #8, Type 6 Asphalt, to be picked up by the Town: Virgin Asphalt $82.50 per ton Southfork Asphalt w/RAP $72.50 per ton Corazzini Asphalt Vote Record - Resolution RES-2012-570 [] Adopted [] Adopted asAmended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulaqd Seconder [] [] [] [] [] Withdrawn Christopher Falbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr Mover [] [] [] [] [] Rescinded Louisa P Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-571 CATEGOR~ DEPARTMEN~ Contracts, Lease & Agreements Town Attorney Execute the Sub-License Agreement Between the Town of Southold, the Suffolk County Real Property Tax Service Agency, and Valerie 3~ Scopaz RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Sub-License Agreement between the Town of Southold~ the Suffolk County Real Property Tax Service Agene¥~ and Valerie M. Scopaz~ regarding the Suffolk County Advanced Real Estate Information System (AREIS) and Tax Map License Program, at no cost to the Town, subject to the approval of the Town Attorney. Vote Record -'Resolution RES-2012-571 ' ' [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Christopher Talbot Seconder [] [] [] [] [] Tabled Jill Doherly Mover [] [] [] [] Page 10 July 17, 2012 Southold Town Board Board Meeting Minutes [] Withdrawn Albert Krupski Jr Voter [] [] [] [] [] Supervisor~s Appt Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt Scott Russell Voter [] [] [] [] [] Rescinded [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-572 CA TEGOR Y: DEPARTMENT: Employment - Town Recreation Hire Seasonal Employee RESOLVED that the Town Board of the Town of Southold hereby appoints the following individual for the remainder of the 2012 summer season, July 18 through September 3. STILLWATER LIFEGUARDS HOURLY SALARY Julia Orlando (lst year) ................................................ $12.17 Vote Record - ResolutiOn RES-2012-572 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulmd Voter [] [] [] [] [] Withdrawn Christopher Talbot Mover [] [] [] [] [] Supe~visor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scotl Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-573 C4TEGORD DEPARTMEN~ Attend Seminar Police Dept Police Department-NY Police Juvenile Officers Annual Training Conference RESOLVED that the Town Board of the Town of Southold hereby grants permission to Police Officer William Brewer to attend a seminar on Sunday~ August 26th~ 2012 through Frida¥, Au~,ust 31st~ 2012 in Lake Placid~ NY. All expenses for registration, lodging and travel to be a legal charge to the 2012 Juvenile Aid Budget line A.3 157.4.600.200. Page 11 July 17, 2012 Southold Town Board Board Meeting Minutes Vote Record - Resolution RES-2012-573 gn Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doher~ Mover [] [] [] [] [] 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 2012-574 CATEGOR~ DEPARTMEN~ Employment - Town Accounting Amend Resolution No. 2012-184 RESOLVED that the Town Board of the Town of Southold amends Resolution No. 2012-184 adopted February 28, 2012 to amend the effective dates for the appointment of Mark Tweedie to the position of Program Aide I for the Landmark Preservation Commission to be effective March 1, 2012 through July 27, 2012. at a rate of $12.98 per hour. Vote Record - l~esolution RES-2012-574 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] 'Fabled William Rula~d Mover ~ [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appl Albert Krupski Jr Seconder [] [] [] [] [] Rescinded Louisa P Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter ~ [] [] [] [] Supt Hgwys Appt [] No Action 2012-575 CATEGOR~ DEPARTMEN~ Public Service Town Attorney Hereby Accepts the Dedication and Conveyance of a 30, 000 Square Foot Portion of SCTM #1000-55-1- 51 from the Grigonis Family and Hereby Authorizes Supervisor Scott A. Russell to Execute the Deed and Page 12 July 17, 2012 Southold Town Board Board Meeting Minutes Conveyance RESOLVED that the Town Board of the Town of Southold hereby accepts the dedication and conveyance of a 30~000 square foot portion of SCTM #1000-55-1-51 from the Grigonis Family and hereby authorizes Supervisor Scott A. Russell to execute the conveyance documents in connection therewith subject to the approval of the Town Attorney Vote Record - Resolution RES-2012-575 r~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruled Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver'sAppt Albert KrupskiJr Mover [] [] [] [] [] Rescinded Louisa P Evans Voter t~ [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] El [] [] Supt Hgwys Appt [] No Action 2012-576 CATEGOR~ DEPARTMEN~ Organizational Town Clerk Michael Imbriglio Appointed as Fishers Island Deputy Emergency Management Coordinator RESOLVED the Town Board of the Town of Southold hereby amends resolution No. 2012-3 by adding Michael Imbriglio aa Fishers Island Deputy Emergency Management Coordinator as follows: RESOLVED the Town Board of the Town of Southold hereby appoints the following individuals to the Emergency Preparedness Team for the Town of Southold for the term of January 1, 2012 through December 31, 2012, all to serve without compensation. Supervisor Scott A. Russell Police Chief Martin Flattey Police Lieutenant H. William Sawicki Network & Systems Administrator Lloyd Reisenberg Highway Superintendent Peter Harris Director of Human Services Karen McLaughlin Michael Imbriglio Thomas Martin Robert 1. Scott, Jr. Don Fisher Charles Burnham Coordinator Deputy Coordinator Assistant Deputy Coordinator Assistant Deputy Coordinator Assistant Deputy Coordinator Assistant Deputy Coordinator Deputy Coordinator for F. I. Fire Coordinator Fire Coordinator Coordinator of Communication Coordinator of Communication Page 13 July 17, 2012 Southold Town Board Board Meeting Minutes Vote Record - Resolution RES-2012-576 [] Adopted [] Adopted asAmended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rul~ld Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisors Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Mover [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-577 CATEGOR~ DEPARTMEN~ Close/Use Town Roads Town Clerk NFEC "Bike What's Left" Event RESOLVED that the Town Board of the Town of Southold hereby grants permission to the North Fork Environmental Council to hold its "Bike What's Left" event~ on Saturday~ Aueust 18, 20121 be[innim, at 10:00 AM. The route will begin in Mattituck and follow routes using Pike Street, Wickham Avenue, Grand Avenue, Mill Lane, Oregon Road, Depot Lane, Main Road, New Suffolk Avenue, Grathwohl Road, Bridge Lane, Route 48, Mill Road, Sound View Avenue, Lighthouse Road, and Albertson Lane. The applicant is not asking for any traffic control or police assistance. Permission is granted provided: 1. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; 2. No permanent markings be placed on town, county or state roads or property for the event; 3. Any road markings or signs for the event be removed within twenty-four (24) hours of the completion of the event. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees for this event have been waived. Vote Record - Resolution RES-2012-577 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruhmd Voter [] [] [] [] [] Defeated Christopher Talbot Mover [] [] [] [] [] Tabled Jill Doherty Voter [] [] [] [] [] Withdrawn Albert Krupski Jr. Voter [] [] [] [] [] Supervisor~s App! Louisa P Evans Seconder [] [] [] [] [] Tax Receiver's Appt Scott Russell Voter [] [] [] [] [] Rescinded [] Town Clerk's Appt Page 14 July 17, 2012 Southold Town Board Board Meeting Minutes [] Supt Hgwys Appt [] No Action 2012-578 CA TEGOR Y: DEPARTMENT: Authorize to Bid Town Clerk Advertise RFP for Energy Performance Contracting Services RESOLVED the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for Request for Proposals for "Energy Contracting Services for the Town of Southold" subject to the approval of the Town Attorney. Vote Record - Resolution RES-20'l~-578 I~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Mover [] [] [] [] [] Tax Receiver'sAppt Albert KrupskiJr Voter [] [] [] [] [] Rescinded Louisa P Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-579 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Letter of lntent Between the Town of Southold and SunEdison in Connection with the Landfill Solar Project RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Letter of Intent between the Town of Southold and SunEdison in connection with the Landfill Solar Pro,iect, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2012-579 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted asAmended William Ruland Mover [] [] [] [] [] Defeated Christopher Talbot Voter [] [] [] [] [] Tabled Jill Doherty Voter [] [] [] Page 15 July 17, 2012 Southold Town Board Board Meeting Minutes [] Withdrawn Albert KmpskiJr Seconder g~ [] [] [] [] Supervisor's Appt Louisa P. Evans Voter [] [] [] [] [] Tax Receiver'sAppt Scott Russell Voter [] [] [] [] [] Rescinded [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-580 CA TEGOR Y: DEPARTMENT: Employment - Town Town Attorney Accept Arbitralor's Decision/CSEA Grievance - PSDs RESOLVED that the Town Board of the Town of Southold hereby accepts and adopts in its entirety the Arbitrator's decision dated July 5, 2012, denying the CSEA's grievance in Case No. A2010-454 (Public Safety Dispatchers). Vote Record - Resolution RES-2012-581~ lB Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Super~isor's Appt Jill Doheny Voter 1:21 [] [] [] [] Tax Receiver's Appt Alberl Krupski Jr Mover [] [] [] [] [] Rescinded Louisa P Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter ~ [] [] [] [] Supt Hgwys Appt [] No Action 2012-581 CA TEGOR Y: DEPA R TMENT: Contracts, Lease & Agreements Town Clerk Standstill Agreement Go-Green Sanitation RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to execute the Standstill Agreement in the litigation matter entitled "Town of Southold v. Go-Green Sanitation Inc. et al.", subject to the approval of the Town Attorney. Page 16 July 17, 2012 Southold Town Board Board Meeting Minutes ,~' Vote Record - Resolution RES-2012-581 [] Adopted [] Adopted ~s Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Mover [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr Voter [] [] [] [] 13 Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter I~ [] [] [] [] Supt Hgwys Appt [] No Action VI. Public Hearings Closing Comments Supervisor Russell SUPERVISOR RUSSELL: What I would like to do is we do have an opportunity at the end of the meeting for everybody to come up and address issues of any issues under the sun but I know many people are here to discuss one specific issue. I am going to read a brief statement, I am going to ask you to please bear with me to read it and then we will go to the time where you can address the Town Board. 'The Town Board understands that many of you are here to share your views on the Town's yellow bag requirement. In light of the pending injunctions preventing Go Green Sanitation from operating in town. We have all received many calls and many e-mails expressing various levels of dissatisfaction with the yellow bag requirement. Please understand that the yellow bag rules were adopted by a Town Board nearly 20 years ago in furtherance of our local solid waste management plan which was adopted in accordance with the solid waste management act of 1988. That state law mandated that the town have a plan and local law in place that mirrored state law recycling requirements which prioritize reducing the amount of solid waste generated, reusing material and recycling material that cannot otherwise be used. In order to realize these state mandated waste reduction and recycling goals, the town adopted a pay as you throw system using yellow bags which discouraged the disposal of recyclables in the solid waste stream. In point of fact, the program has been very effective in reducing waste by mandating source separation of recyclables and Southold Town has some of the best recycling rates on Long Island. The yellow bag requirement was implemented as a necessary component of pay as you throw program and it cannot be changed without approval from the Department of Environmental Conservation upon a showing that an alternative plan would enable the town to satisfy the source separation and recycling requirements under state law. The Town Board is committed to reviewing alternatives subject to the approval of the DEC, if they are effective means in achieving this town's waste reduction and recycling objectives. In the meantime, we have instructed our attorney's to enter into a standstill agreement with Go Green, that subject to the approval of the court, will enable them to resume service to their customers this Thursday. Page 17 July 17, 2012 Southold Town Board Board Meeting Minutes Any change to the current town code requirements will be the subject of a future public hearing where all of your comments on the efficiency or lack thereof of the yellow bag program will be heard by the Town Board and be made part of the record.' With that, I am going to ask anyone that would like to address the Town Board to please feel free at this time. Ronald Fisher RONALD FISHER: Hi, how are you? I am Ronald Fisher from Go Green. Would it be okay if I read the settlement agreement we are working on to keep our customers and residents informed of what is going on? Or would you prefer that it not be shared yet until it ..... SUPERVISOR RUSSELL: I wouldn't share anything until we have a signed agreement with, you know, with the public anymore than I would expect you to. MR. FISHER: Okay, fair enough. I want to thank everybody for coming out who is here in support of Go Green and to support us to continue the garbage. From what I understand, you are allowing that, you are removing the temporary restraining order effective tomorrow and we can resume trash pickup on Thursday until we resolve the issue permanently. Is that clear? SUPERVISOR RUSSELL: Yes. MR. FISHER: I don't think I really have anything else to say. I want to thank you for taking the calls, for taking the emails, for listening to everyone that wrote. We appreciate your support, we appreciate you coming out on this Tuesday afternoon and we will see you Thursday to get the garbage. COUNCILMAN KRUPSKI: You know, I have to say I got a few calls myself over the weekend and I got a few yesterday and I want to thank everyone who called me because you know, when people reach out, we do a lot of business here and if you look at our agenda, this is actually a pretty thin agenda. The work sessions go from 9 in the morning typically to 2 in the afternoon. And then we do the meetings in the evening or at night and it is good to get public input and I appreciate the calls, you know everyone that, well, almost everyone that called was very civil and very polite and they were happy to have a conversation about what the town was doing and how we do business and the reason that we do business that way. So it was good to hear from people, there is nothing wrong with that. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board? COUNCILMAN RULAND: I would echo Councilman Krupski's comments. Councilman Talbot reads last resolution. SUPERVISOR RUSSELL: Who would like to address the Town Board? 2. Jim Underwood, Laurel Page 18 July 17, 2012 Southold Town Board Board Meeting Minutes JIM UNDERWOOD: Hi, 1 am Jim Underwood, I live in Laurel. I commend the Town Board on, it sounds like you are going to try to come up with or listen to options for alternative plans to the yellow bag situation. Is that correct? SUPERVISOR RUSSELL: That is correct. MR. UNDERWOOD: Okay, and is that going to be at the next Town Board meeting, will there be a separate hearing for that? SUPERVISOR RUSSELL: We will be taking that up over the next several weeks. One thing that needs to be understood is that the town doesn't have the unilateral right to change its solid waste management plan. It needs to be approved by the state of New York. You can't do away with things because you don't like them. You have to replace them with something better. This town has pursued over the last few years several options. We have a company that has come in to evaluate what we call an (inaudible) to electric. With the new technology that is out there, the idea is to incinerate and turn that into electric. They are still doing the analysis. That would handle most of the waste stream that is produced in this town. We haven't gotten a report back from them. We are looking at all these different options but I think one thing that needs to be said is that this town is very intent on enforcing the recycling laws that are required by the state of New York and Southold Town. We are intent on ensuring that our recycling rates stay as high as they have, I think if you read a report that was put out by Stony Brook University's Marine and Atmospheric Science center you will see that towns like Southold have the best recycling rates on Long Island for a reason. They attribute it to the pay as you throw program. I also think that this Town Board is not interested in discussing doing away with things and just putting it on the tax bill because that is not, 1 think in the interest of most of the, you have to remember that most of the public are not subscribers to a carting company of any kind. They are self haulers. And they do everything that they can to control their own costs by reducing, reusing and recycling. All of those things that we ask them to do each and every day. MR. LrNDERWOOD: Sure, I mean, I am just opposed to the yellow bag situation, as a lot of people are. You know, I used the landfill for the longest time, very consistent and committed to recycling and I think that we are just looking at a different plan, so we can continue to recycle but dispose of solid waste in a different way. SUPERVISOR RUSSELL: Thank you. MR. UNDERWOOD: Thank you. SUPERVISOR RUSSELL: Would anyone else like to address the Town Board? Rocky DiVello, Mattituck Sanitation ROCKY DIVELLO: Mr. Russell, Rocky DiVello from Mattituck. I was just wondering what does that mean? That he has permission to go forward and work and pick up garbage without yellow bags? Is that what that means? I just want to know. SUPERVISOR RUSSELL: For the time being .... Page 19 July 17, 2012 Southold Town Board Board Meeting Minutes MR. DIVELLO: To clean up the situation. SUPERVISOR RUSSELL: Yes. We are in discussions with regard to the longer, we need, there are two issues here. There is a short term issue that needs to be dealt with immediately which is how this Town Board acted today and then a longer term issue. MR. D1VELLO: I understand that. Okay. SUPERVISOR RUSSELL: We would also invite all carters to future discussions on how to address the long term solution. MR. DIVELLO: My only concern is, I am not a big fan of yellow bags either but my only concern is that it is fair across the board. SUPERVISOR RUSSELL: A level playing field is exactly right. I wish people understood the need to maintain a level playing field, so that everybody is playing by the same rules, that hasn't seemed to have been a priority of late but it is certainly a priority of this Board to make sure that whatever rules get established, get established fairly and across the board. MR. D1VELLO: That is my concern. 1 understand there is a situation at hand, it has to be cleaned up but, thank you. SUPERVISOR RUSSELL: I ask anybody else to please address the Town Board? Marie? Marie Domini¢i, Mattituck MARIE DOMENICI: Marie Domenici, Mattituck. I just have a question. If you did away with the yellow bags and I am not either way on this, but if you did away with the yellow bags, what would that mean in revenue to the Town? The lack of revenue to the Town? SUPERVISOR RUSSELL: The yellow bags, you know, this misnomer that yellow bags are, the Town solid waste facility is a $4.1 million budget each year. Yellow bags only contribute $425,000 to that revenue. Alright? It is not the, this notion that the Town is forcing yellow bags to create revenue is an absolute myth. There is issues of level playing fields, there are all these other issues that come to bear. On top of that, at the end of the day, you have to remember why we created the yellow bag system which was to promote reduction, reuse and recycling. That has been effective. Yes, it is a pain. 1 have been dealing with the yellow bags for the 20 years they have been around but they have worked. It is incumbent on this community to help us figure out what a better solution would be if we do away with yellow bags. MS. DOMENICI: My question then, let's say you did do away with the yellow bags and you have this $400,000 gap, do you have to make that up and would that be on the backs of the taxpayer? SUPERVISOR RUSSELL: That would be, the $425,000 that would probably result in a tax increase that wouldn't be substantial, we could look at offsets there, the photovoltaic cell array, Page 20 July 17, 2012 Southold Town Board Board Meeting Minutes things like that which we are producing all the time. But in any budget, revenue versus taxes, it is always the challenge. You always try to increase revenue from other sources other than your typical sources. But again, a lot of the business that takes place at the landfill isn't about yellow bags. It is about hazmat, it is about electronic waste, it is about brush. You know, people say if I am not using your landfill why should I pay? Well, where do you think all of your leaves go that we pick up from you in the fall? Where do you think all of your brush that we pick up in the spring? What do you think all of the hurricane Irene debris goes? Where do you think all of the hazmat, electronic waste, bottles, glass, all these things that we deal with each and every day on a regular basis. MS. DOMEN1CI: And my last question is, if the yellow bags stay, are they recyclable yellow bags? SUPERVISOR RUSSELL: No, they are not. MS. DOMENICI: So they stay in the landfills wherever they go forever. SUPERVISOR RUSSELL: Yes, well about 59% of the garbage that leaves Long Island goes to incineration. MS. DOMENICI: Well, could we make them recyclable? SUPERVISOR RUSSELL: I do not believe, people are, are you kidding, they complain about the quality of the bags now, I think if you made them biodegradable you would probably get a larger complaint. MS. DOMENICI: Just kidding. SUPERVISOR RUSSELL: Just remember, yes, you are adding a yellow bag, another myth is yellow bags are paying to truck it off Long Island and I don't like that. look, as a practical reality, wherever you take garbage, it is getting trucked off of Long Island. Whether you take it to our facility, whether you take it to a private facility up west it is being generally trucked off Long Island. It is being repackaged and trucked. Yes, you add a bag to the waste stream and at first blush, that doesn't seem to make sense but you need to remember that volume based pricing has reduced the, you have the offsets so that the paper doesn't go in, the cardboard doesn't go in, the glass, the bottles, the plastic. All those recyclable components get pulled out because people try to reduce their costs. So the offsets far out weighs the presence of one more yellow bag into the waste stream. MS. DOMENICI: Okay. Thank you very much. SUPERVISOR RUSSELL: Thank you. I would ask, please, feel free. Scott Schelin, North Fork Sanitation SCOTT SCHELIN: Good afternoon, Scott Schelin, North Fork Sanitation. Just want to say we have been in business 49 years and of the 49 years, approximately 20 years we have dealt with Page 21 July 17, 2012 Southold Town Board Board Meeting Minutes the town bag system. I have to say prior to starting, as a little kid, we used to, whatever fit in the back of the garbage truck went in the back of the garbage truck and it got buried into the town landfill. Since then, the town had adopted the yellow bag system, with that we had no recycling in place. The recycling started, I could say that millions of pounds have been brought to the Town of Southold diverted from being landfilled. Basically I just want to say that the system did work. If it is outdated, it is possible, if it is going to be changed, that is up to the Board, that is up to the residents and everything along that line. I just ask for a couple of stipulations that if you do change the system, first of it being, that it is good for our environment. Number 2 that as you had said, that it pertaining to New York State DEC rule that it is illegal. Number 3 that it is clearly written. I think part of this problem that we have had within the town is things were picked apart. People were unclear if the garbage went out of town or if it stayed in the town, if they needed to use the yellow bags or not. I would ask that it be clearly written so anybody can basically understand without an attorney to read it. and the 4th iS that it is fair for everybody, that it is fair for the people, the community, the residents, the businesses and everything along that line. And the only think I ask is that I hope that any of the free services that are rendered within the landfill that are offered now, which you had spoke of, the free mulch, the 500 pounds a year, if you do away with the yellow bag system possibly those services won't be rendered for free any more, it will be a pay for item. Or the free brush, the STOP program, the e-waste, the waste oil, you have the reuse center, all that costs money to operate, so I think somehow it gets all coordinated in where it is fair for everybody. SUPERVISOR RUSSELL: I would agree. Also I think that it would probably be a misnomer to suggest that the yellow bag system is going away any time soon. We have a huge hurdle to overcome and that is to find a better system. Because with increasing pressure from New York State, you know, waste is a heavily regulated industry. Towns are as regulated as private industry when it comes to this, and we have obligations to the State of New York that we made 20 years ago. We don't have the right to just simply do away with things, like I said earlier, we have to replace them with something that is going to achieve the same results or something that is better. So it is probably not, it would probably be overstating it to suggest that they are going to be done away with any time soon. MR. SCHELIN: Okay and with that, I know you can't give a timeframe, I just hope that it is fair for all. I am not the only carter, Go Green isn't, Mattituck isn't, there is a few other small ones that since day one have complied and basically for everybody to makes the means of purchasing the equipment, coming with where we are going to send the garbage, ship the garbage and everything, so everybody is starting basically on a fair tenn. That is all. SUPERVISOR RUSSELL: The first goal of this Board is to re-level the playing field. The second goal of this Board over the long term, is to have a discussion on yellow bags but that is not a discussion that is going to be solved tonight. MR. SCHELIN: Thank you. SUPERVISOR RUSSELL: Thank you, Scott. Who else would like to address the Town Board? How about on any other issue? Page 22 July 17, 2012 Southold Town Board Board Meeting Minutes Cutchogue Woman UNIDENTIFIED: I live in Cutchogue. I guess I wasn't clear when the first gentleman spoke, Jeff, the gentleman from Go Green. And you said that that was going to be lifted for pickup starting Thursday? SUPERVISOR RUSSELL: I believe so. UNIDENTIFIED: Is that right? And how long will they be free to do that? is this going to suddenly happen again? SUPERVISOR RUSSELL: I think there is a commitment from both sides to work these issues out as quickly as we can. The stay, 1 will defer to Martin on that issue but .... TOWN ATTORNEY FINNEGAN: I am not really going to get into the terms of it but it is in place for long enough to give the parties an opportunity to work out the rest of the issues in the litigation. So we have to get the agreement finalized but it is, right now it is 120 days. UNIDENTIFIED: So we have 120 days that we can be assured that if we are working with Go Green that they can continue to cart our trash. And at the 121st day it is possible that all of a sudden again it can just stop? Without .... TOWN ATTORNEY FINNEGAN: It is possible but we are hoping that we can continue our discussions with Go Green and to finalize a more extensive deal that will end our dispute with them and in the meantime, the Town Board is going to be reviewing the comments on the yellow bag program as well. UNIDENTIFIED: Inaudible. And we would like to know how it is happening, is this the forum that we will find out these answers from or will it be in the paper or how would I, I am not really active in this kind of thing. I just want to know, 1 don't want to one day find out I ..... SUPERVISOR RUSSELL: I would imagine in the not too distant future we will have a general public meeting to discuss garbage, from its larger context. Garbage in this town and try to identify a direction that we need to go on over the next 10 or 20 years. We will probably be doing that in the fairly... UNIDENTIFIED: So those of us out there, it will be made aware to us that this is going to happen, if this is going to have to stop again and we need to make other plans. SUPERVISOR RUSSELL: There is no action that has been taken, many of these issues have been on the table for several months now. COUNCILWOMAN DOHERTY: Martin, can I just clarify one thing that she is saying about the 120 days? It is part ora stipulation and if both parties abide by the stipulation then it is 120 days but if he doesn't abide by the stipulation, then what happens? Page 23 July 17, 2012 Southold Town Board Board Meeting Minutes TOWN ATTORNEY FINNEGAN: The litigation is still pending in court and I really can't, I am not going to get into a discussion right now. But we have agreed that we are going to work out all the issues in the litigation, hopefully within this window of time that exists. But in the meantime, the matter is still pending in court. The court retains jurisdiction over any issues that we have and we can work it out out there. But the goal is obviously to work towards a resolution of the issue. UNIDENTIFIED: So for as long as he is in compliance with what you are asking and the rules, we have 4 months to come to some sort of a solution rather than just stopping it out of the blue and not having a way to deal with your trash in 90 degree weather. TOWN ATTORNEY FINNEGAN: The Board would have to further order that again. UNIDENTIFIED: Okay, thank you. UNIDENTIFIED: I just have a question maybe I don't understand. I understand Southold needs to control the way garbage is dumped in their dump and how it is carted away and what happens to it. my understanding is that Go Green does not use the Southold dump, so how can you make people use the yellow bags? I mean, ! understand about the recycling, I separate my recycling. I separate the plastic, cardboard and the paper. But the household garbage, how can you say that people have to use a yellow bag when the company is not using the Southold dump? Maybe I don't understand, I would be happy to understand that. TOWN ATTORNEY FINNEGAN: As the Supervisor mentioned, we have our local solid waste management plan that is in existence which is dictated by the state law, the waste management act. Our plan as drafted and has been in place now 20 years has required the yellow bag program, as was mentioned, is not in place simply to defray the cost of getting rid of the solid waste that is generated. The plan is part of pay as you throw, the yellow bag requirement is part of the pay as you throw program which the state has mandated to enforce the source separation and recycling requirements. It is, that is the intent of the yellow bag program not just to deal with solid waste, so it is a two pronged thing and so we have that, that's what we have shown to the state is what our plan is and in order for that to just be changed, we cannot just change our code until it is approved. And that is the way it has been for 20 years. SUPERVISOR RUSSELL: When New York State passed the landfill closure law of 1988, it required towns to put in place solid waste management plans that were going to achieve certain results in reduction, reuse and recycling. Southold's plan at the time was we are going to go on a pay as you throw system. The idea being that people would reduce, reuse and recycle because they will want to reduce their costs. That is the system that was presented to New York State and was agreed to by the New York State DEC, who is the regulating agent there. It isn't about just yellow bags or just revenue at a local landfill. It is about making sure that the larger, overreaching goals of the landfill closure laws were being met by the town in compliance with the State of New York. It is irrelevant, we are still responsible for making sure that those goals are met. The recycling, reduction .... Page 24 July 17, 2012 Southold Town Board Board Meeting Minutes UNIDENTIFIED: Nobody else uses bags like that. What does Riverhead do? What does anybody from Smithtown? COUNCILMAN TALBOT: That is why we have a far greater recycling effort than Riverhead Town does. SUPERVISOR RUSSELL: Yes, well Riverhead is under the gun now. UNIDENTIFIED: But we are not sending the recyclables to the dump either. COUNCILMAN TALBOT: I will tell you, I am not a supporter of yellow bags and I haven't been for 20 years, however, this is a system that has been in place and we are moving towards working something out on it. As the Supervisor said, it is not going to happen tonight but it is heading in that direction. SUPERVISOR RUSSELL: We will provide ample opportunity in the near future for the public to be heard on the merits or lack thereof on the yellow bag system. That, we will provide that as we try to evaluate and identify a new direction for the town, if that is possible. Alright? We will provide all that opportunity however, we made commitments to the state of New York 20 years ago, alright? In the meantime, we are trying to work with this particular carter to resolve those outstanding issues and we are trying to, we understand, we understand the animosity towards yellow bags, we understand all of that. we are in a tough position here and we are trying to do the best we can to accommodate all sides and all parties. COUNCILMAN KRUPSKI: And ma'am, for the record, we need your name. ANGELA SAV1NO: Yes, Angela Savino. Councilwoman Doherty COUNCILWOMAN DOHERTY: I just want to repeat something that Scott said earlier today, regardless if somebody uses our landfill or not, the town is still responsible for regulating how our garbage is recycled. We need to make sure that that plan is being used in our town regardless of where it ends up. Vito Navarra, Southold UNIDENTIFIED: If I take my garbage and put it in my pickup and go over the scale and dump the garbage, I don't have to have it in a yellow bag in the Town of Southold. Not anymore. I have done that. UNIDENTIFIED: Excuse me, somebody changed the policy that is not allowing the Southold residents to do that anymore. That went into effect Friday morning. SUPERVISOR RUSSELL: Let me explain, that is an issue that Scott Schelin touched on earlier. Under the plan as originally adopted, the premise was if it fits in a yellow bag, it needs to be in a yellow bag. The discretionary issues that were there for the scale house operators were leading to different discretion at different times. The current original law said that if it can fit in a yellow Page 25 July 17, 2012 Southold Town Board Board Meeting Minutes bag, it has to be in a yellow bag. But yes, there were times over the years when the town had been very lax about that but again, all those issues and all these perfections with the current system are going to be on the table for a discussion as we move into the future. TOWN CLERK NEVILLE: May we have your name, sir? VITO NAVARRA: Vito Navarra, Southold. TOWN CLERK NEVILLE: Thank you. Ronald Fisher, Go-Green MR. FISHER: I just want to say a couple of things. You said that revenue from the, a year ago, the reason that this became such an issue is that a year ago when this Board on two different occasions, explained the yellow bags, you described them as revenue neutral. You told us, everyone that was at the meeting and it is recorded on the record, that it was revenue neutral. You said that the cost of the yellow bag covers the cost of the town disposing of that bags worth of trash. SUPERVISOR RUSSELL: That is right. MR. FISHER: What our customers were curious about was what changed over the past year that you then decided .... SUPERVISOR RUSSELL: Because they are still revenue neutral but the reality is the State of New York, the State DEC expects us to comply with this solid waste management plan that we enacted in 1993 which included a pay as you throw system. MR. FISHER: A year ago you had said you would revisit that and take it under advisement. Did you... SUPERVISOR RUSSELL: Yes, in fact we engaged the services of a firm that is looking at the construction of a burn to electric. That is exactly what we are trying to do, we are trying to find new options. We are trying to find new options that are compelling, that would meet the states needs and would be approved by the DEC. we have a firm that is currently evaluating the site that could be, with the state of the art that it is today, they could create a burn to electric plant there that wouldn't produce odor or any emissions that the former plants would. We are looking at all those options. MR. FISHER: I just disagree with a few more things. You had said that the yellow bags encourage recycling yet in the temporary restraining order that you sought against us, you cited statistics from 1990 to 1992, that is 20 years ago. Has the Board done anything to see the efficacy of the yellow bags since then? In the past two decades? SUPERVISOR RUSSELL: Recycling I think Island wide has dropped to some extent. Southold's numbers tend to be better than most of the other towns. We are trying to engage with the various businesses and school districts to create, we gave recently the youth board the Page 26 July 17, 2012 Southold Town Board Board Meeting Minutes 10. 11. 12. assignment of trying to develop recycling programs within the schools and other locations. Recycling is actually recently increased somewhat because particularly with cardboard, you know, all of those things or the types of things the town should be doing each and every day and we should do a better job, no doubt about that. COUNCILMAN KRUPSKI: As far as answering the recycling question, the town does get a fair amount of money for recycling cardboard, metal, e-waste, paper and that is not like the Town Board gets the money, this is our town, everyone's town and when everyone recycles and that garbage doesn't get shipped off; we don't have to pay for that garbage to get shipped off to the landfill, it helps the town as a whole. To keep the money in the town. SUPERVISOR RUSSELL: We have also tried change policy down there to make recycling much easier for people. We don't require separation of plastic from cans anymore, we take it all in one thing. So it is recyclable but it is comingled recyclable material. All of those things we have been trying to do to make the process easier for people. MR. FISHER: Hold on, wait, I am still not done, sorry. In order to make (tape ends here) Domeral Yager, Southold Robert Dunn, Peconic Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:15P.M. RESULT: ADOPTED [UNANIMOUSI MOVER: Christopher Talbot, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: ~lille Southold Town Clerk Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Page 27