HomeMy WebLinkAboutTB-10/11/2011ELIZABETH 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
sout holdtown.north fork. net
MINUTES
October 11,2011
4:30 PM
A Regular Meeting of the Southold Town Board was held Tuesday, October 11,2011 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 October 11, 2011 at Meeting Hall, 53095 Route 25,
Southold, NY.
I. Reports
1. Justice Rudolph H. Bruer
2. Zoning Inspector
3. Special Projects Coordinator
4. Department of Public Works
5. Island Group Employee Health Care Plan
6. Zoning Board of Appeals
7. Planning Department
II. Public Notices
1. US Army Corps of Engineers
2. NYS Liquor License Renewal
III. Communications
IV. Discussion
1. 9:00 AM - John Cushman - 2012 Budget Update
2. 9:30 - John Sepenoski, Mark Terry, Jamie Richter
3. 10:00 AM - Laura Klahre - Projects at Bittner Property
4. Local Law: Firefighters Exemption
5. 10:30 AM - Executive Session - Melissa Spiro and Land Preservation Committee
6. Executive Session - Litigation
7. Executive Session - Labor
October 11,2011 Page 2
Southold Town Board Meeting Minutes
Executive Session
Motion To: Motion to enter into Executive Session
On motion by Justice Louisa P. Evans, seconded by Councilman Albert J. Krupski, Jr., it was
RESOLVED the Southold Town Board hereby enters into Executive Session at 10:20 A.M .for
the purposes of discussing the following matters:
(1) The proposed acquisition, sale or lease of real property.
(2) Labor Negotiations PBA
(3) Litigation discussions on proposed, pending or current matters regarding DiVello
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Albert Krupski Jr., Councilman
AYES: Ruland, Orlando, Talbot, Kmpski Jr., Evans, Russell
Motion To: Motion to exit from Executive Session
On motion by Justice Louisa P. Evans, seconded by Councilman William P. Ruland, it was
RESOLVED the Southold Town Board hereby exits from this Executive Session at 11:50 AM.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: William Ruland, Councilman
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
Town Clerk Elizabeth Neville
The following resolutions were placed on the agenda as a result of this Executive Session:
Resolution No. 694 declaring Old Mill Road, Mattituck surplus Resolution
No.'s 702 & 703 regarding the Fishers Island Ferry District
Pledge to Flag
Ooenin~ Statements
SUPERVISOR RUSSELL: Please risc and join in thc Pledge of Allegiance to the Flag. Thank
you. Alright, I am going to give anybody that would like the opportunity to address the Town
Board on any issue as it appears on thc agenda. (No response) Hearing none.
V. Resolutions
2011-677
CA TE GOR Y: Audit
DEPARTMENT: Town Clerk
October 11,2011 Page 3
Southold Town Board Meeting Minutes
Approve Audit
RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated
October 11~ 2011.
Vole Record - Re~olution RES-20tl-677
[] Adopted
[] Adopted as Amended
[] Defeated ~s(AYe N0~Nay Abstain Absent
[] Tabled William Rutand Voter [] [] [] []
[] Withdrawn Vincent Orlando Voter [] [] [] []
[] Supervisor's Appt Christopher Talbot Seconder gl F3 F1 []
[] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] []
[] Rescinded Louisa P. Evans Initiator [] [] : [] []
[] Town Clerk's Appt Scott Russell Voter I~l [] [] []
[] Supt Hgwys Appt
[] No Action
2011-678
CATEGORY:
DEPARTMENT:
Set Meeting
Town Clerk
Set Next Town Board Meeting
RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held at
7:30 PM on Tuesday~ October 25~ 2011 at the Southold Town Hall, Southold New York
Vote RecOrd a R~olutlon RES-2011-678
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Vincent orlando voter [] [] [] []
[] Supervisor's Appt Christopher Talbot Seconder gl
[] Tax Receiver's Appt Albert Krupski Jr. Voter [] 13 [] []
[] Rescinded Louisa P, Evans Initiator [] [3 [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-679
CA TE G O R Y:
DEPARTMENT:
Attend Seminar
Planning Board
Planning Seminar
October 11,2011 Page 4
Southold Town Board Meeting Minutes
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Planning
Director Heather Lanza, Principal Planner Mark Terry, Planner Brian Cummings and Planner
Alyxandra Sabatino to attend Suffolk County Planning Federation's 2011 Autumn Planning &
Zoning Conference at Brookhaven National Laboratory in Upton, NY on October 12, 2011. The
only expense will be for travel in a town vehicle and/or mileage, which will be a legal charge
against the 2011 Planning Dept. Budget for meetings and seminars.
Vote ReCOrd- ReSolution RES-20!le679
g~ Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Initiator [] [] [] []
[] Withdrawn Vincent Orlando Seconder [] [] [] []
[] Supervisors Appt C~stopher Ta!b0t Voter [] [] [] []
[] Tax Receiver's Appt Albert Krupski Jr. v~ter n
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Sco~ Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-680
CA TEGOR Y:
DEPARTMENT:
Authorize to Bid
Police Dept
Surplus, Non Usable Police Equipment
RESOLVED that the Town Board of the Town of Southold hereby declares the following
equipment to be surplus and unusable equipment:
1998 Ford Crown Victoria
1999 Ford Crown Victoria
2000 Ford Expedition
2001 Ford Crown Victoria
2001 Ford Crown Victoria
2006 Ford Crown Victoria
2006 Ford Crown Victoria
VIN 2FAFP71W9WX 163148
VIN 2FAFP71W5XX 194074
VIN 1FMPU16LXYLB42405
V1N 2FAFP71W31X187115
VIN 2FAFP71 W71X 187120
VIN 2FAHP71WX6X138610
VIN 2FAHP71W96X102326
Be it further RESOLVED that the Town Clerk is hereby authorized and directed to advertise for
the sale of same.
October 11,2011 Page 5
Southold Town Board Meeting Minutes
[] Withdrawn ~ineent oriand~ Initiator [] [] [] []
2011-681
CA TEGORY: Ratify Fishers Island Reso.
DEPARTMENT: Fishers Island Ferry District
F1FD Budget Modification
RESOLVED that the Town Board of the Town of Southold, in furtherance of its fiscal oversight
of the Fishers Island Ferry District, hereby ratifies and approves the following budget
modification adopted by the Commissioners of the Fishers Island Ferry District on September
22, 2011:
Resolved that the Board of Commissioners of the Fishers Island Ferry District hereby modify the
2011 Fishers Island Ferry District budget as follows:
TO:
EXPENDITURES:
SM 1310.4.000.000
SM 1420.4.000.000
SM 5610.4.000.000
SM 5710.2.000.200
SM 5710.4.000.000
SM 9010.8.000.000
FROM:
APPROPRIATIONS:
SM 5990.00
Accounting and Finance
Additional accounting
Legal Fees
Bids, contract and leases
Elizabeth Airport
Additional light repairs
Ferry Repairs; Race Point
Additional dry docking repairs
Ferry Operations, Other
HR Report
NYS Retirement
Total
Appropriated Fund Balance
Total
$10,000.00
$15,000.00
$2,00O.00
$10,000.00
$4O,OOO.OO
$29,000.00
$106,000.00
$106,000.00
$106,000.00
October 11,2011 Page 6
Southold Town Board Meeting Minutes
~r V0te Record; Resoluti011 RES;2011.681 ·
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay : Abstain Absent
[] Tabled William Ruland Seconder [] [] [] []
[] Withdrawn Vincent Orlando Voter [] [] [] []
[] Supervisor's Appt Christopher Talbot Voter [] [] [] []
[] Tax Receiver's Appt ~!b~ ~pski Jr. Initiator F~ F1 E1 []
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] F1
[] Supt Hgwys Appt
[] No Action
2011-682
CATEGOR~
DEPARTMEN~
Budget Modification
Accounting
Budget Modification for Auditing Services
Fiscal Impact:
Provide appropriation for the Justice Court 2010 audit
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
2011 budget as follows:
From:
A.1990.4.100.100
To:
A. 1320.4.500.300
Unallocated Contingencies $4,500
Total $4,500
Independent Auditing & Accounting
Total
$4,500
$4,500
Vote Record ~ Resolution RES-2011:682
[] Adopted
[] Adopted as Amended
[] Defeated yes!Aye No/Nay Abstain Absent
[] Tabled William Ruland Voter fi] [3 : [] []
[] Withdrawn Vincent Orlando Voter [] [] [] []
[] Supervisor's Appt Christopher Talbot Seconder [] [] Fl []
[] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] []
[] Rescinded Louisa P. Evans Initiator [] Fl Fl Fl
[] Town Clerk's Appt Scott Russell Voter ~ Fl [] []
[] Supt Hgwys Appt
[3 No Action
2011-683
C~4 TEG OR Y:
DEP~4RTMENT:
Committee Appointment
Town Clerk
Youth Bureau Board Resignations and Appointments'
October 11,2011 Page 7
Southold Town Board Meeting Minutes
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignations of
Diane Mollica and Barbara Sheryll and hereby appoints Jillian Ruroede and Danielle Maisano
and re-appoints Tom Rabbitt to the Youth Bureau Board effective immediately through March
31, 2013.
vote ReeOrd - Resolution RES-2011-683
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Vinceat oriand~ Voter [] [] v1 []
[] Supervisor's Appt Cttristopher Talbot Initiator [] [] [3 []
[] Tax Receiver's Appt Aibe~ Krup~ki Jr. Voter [] [] [] []
[] Rescinded Louisa P. Evans Seconder [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-684
CATEGORY:
DEPARTMENT:
Authorize Payment
Planning Board
Reimbursement qf Unused Consultant Fees. Reference: Town Code 280-74A.(4)(C)
Fiscal Impact:
Resolved, that unused consulting fees paid to the Town totaling $4,144.08 be refunded to the
applicant, MetroPCS New York LLC.
Vote Record a Resolution RES-2011-684
[] Adopted
[] Adopted as Amended
[] Del~atcd Yes/Aye No/Nay Abstain Absent
[] Tabled Wilbam Ruland Initiator [] [] [] []
[] Withdrawn Vincent Orlando S~ond~ ~ 13 13 []
[] Supervisor's Appt Christopher Talbot Voter [] [] [] []
[] Tax Receiver's Appt Albert Klupski Jr. Voter [] [] [] []
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-685
CA TEGORY: Landfill Misc.
DEPARTMENT: Solid Waste Management District
Hurricane Debris Fee Waiver
October 11,2011 Page 8
Southold Town Board Meeting Minutes
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Cutchogue Compost Facility to resume the charging of normal tip and entry fees at the facility
for tree debris resulting from Hurricane Irene starting Monday, October 17 for brush;
Wednesday, October 12 for whole trunks and stumps.
vote ReCord - Reso ut on RES-2011-685
[] Adopted
[] Adopted as Amended
[] Defeated Ves/A~e N0!Na~ Abstain Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Vincent Orlando Initiator [] [] [] Fl
[] Supervisor's Appt Christopher Talbot Voter [] [] [] []
[] Tax Receivers Appt A!ber~ Krtlpski Jr. Seconder [] [] [] []
[] Rescinded Louisa P. Evans Voter [] [] : [] 13
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-686
CA TE GO R Y:
DEPARTMENT:
Attend Seminar
Town Attorney
ATA to Attend Seminar
RESOLVED that the Town Board of the Town of Southold hereby grants permission to
Assistant Town Attorne¥~ Lori M. Hulse~ to attend the seminar entitled "Applications to
the ZBA & Article 78 Proceedings" at the SCBA Center in Hauppauee, New York, on
October 18, 2011. All expenses for registration and travel are to be a charge to the 2011 Town
Attorney budget.
Vote Record ~ Resolution RES~20ii-686
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye N0~NaY Abstain Absent
[21 Tabled William Ruland Seconder [] [] [] []
[] Withdrawn Vincent Orlando Voter [] [] [] []
[] Supecviso~'s Appt Christopher Talbot Voter [] [] [] []
[] Tax Receiver's Appt Albert Kmpski Jr. Initiator [] [] [] []
[] Rescinded Louisa P. Evans Voter [] [] ID []
[] Town Clerk's Appt Scott Russell Voter [] [] 13 []
[] Supt Hgwys Appt
[] No Action
2011-687
CA TEGOR Y:
DEPARTMENT:
Budget Modification
Human Resource Center
Monitor Purchase HRC
October 11,2011 Page 9
Southold Town Board Meeting Minutes
Fiscal Impact:
To transfer funds to Data Processing for the purchase of 3 monitors.
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General
Fund Whole Town budget as follows:
From:
Appropriations
A.6772.4.100.100
To~:
Appropriations
A. 1680.2.400.450
Programs for the Aging
Office Supplies Expense
Central Data Processing
Workstation/Server Peripherals
$405.00
$405.00
Vote Record. Resolution RES-20i1;687
[] Adopted
[] Adopted as Amended
ID Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled Wiiliam Ruland Voter [] [] [] []
[] Withdrawn Vincent Orlando Voter [] [3 [] []
[] Supervisors Appt Cluistopher Talbot Seconder [] [3 El n
[3 Tax Receiver's Appt Albert Kmpski Jr. Voter
[] Rescinded Louisa P. Evans Initiator [] [] [] []
[] Town Clerk's Appt ScoR Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-688
CATEGORY:
DEPARTMENT:
Close/Use Town Roads
Town Clerk
Grant Permission to the Southold Elementary School to Hold Its Halloween Parade in Southold, on
Sunday, October 30, 2011 at 12.'00 Noon
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the
Southold PTA to use the following route for its Halloween Parade in Southold~ on Sunday~
October 30~ 2011 at 12:00 P.M.: beginning at the Southold Firehouse, proceed west on Route
25 to Oaklawn Avenue to the elementary school, provided they file with the Town Clerk a One
Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured
and contact Chief Flatley upon receipt of the approval of this resolution to coordinate traffic
control. Support is for this year only, as the Southold Town Board continues to evaluate the use
of town roads. All fees shall be waived.
October 11,2011
Southold Town Board Meeting Minutes
Page 10
~' V~t~ Recm-d - Res01ution RESt201 i~688
[] Adopted
[] Adopted as Amended
[] Defeated Y~Aye N~/Nay Abstain Absent
[] Tabled William Ruland Voter [] [] [] []
[] [] [] 0
[] Withdrawn Vincent Orlando Voter
[] i [] [] []
[] Supervisor's Appt Christopher Talbot Initiator
[] Tax Receiver's Appt Xib~ ~ki Jrl Voter i~ ri [] []
[] Rescinded Louisa P. Evans Seconder [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-689
CATEGORY:
DEPARTMENT:
Attend Seminar
Human Resource Center
Permission for HRC Staff to Attend Seminar.
RESOLVED that the Town Board of the Town of Southold hereby grants permission to
Phyllis Markopoulos~ Senior Services Caseworker~ to attend a free seminar on program
updates for Medicare and the New York State Elderly Pharmaceutical Insurance
Coverage Program (EPIC) at the Suffolk County Office for the Aging in Hauppauge on
October 12~ 2011. All expenses for travel to be a legal charge to the 2011 Programs for the
Aging budget (travel reimbursement).
Vote Record - Resolution RES-2011-689
[] Adopted
[] Adopted as Amended
[] Dcl~atcd Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Initiai0~ 13 13 13 O
[] Withdrawn Vin~eni orih,a0 ~ec~naer 13 [] [] []
[] Supervisor's Appt Christopher Talbot Voter [] [] [2 []
[] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] []
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] CJ []
[] Supt Hgwys Appt
[] No Action
2011-690
CATEGORY:
DEPARTMENT:
Grants
Town Attorney
Authorizes and Directs the Planning Department and the Office of the Town Engineer to Apply for a
Grant with the New York State Environmental Facilities Corporation for the Green Innovation Grant
Program
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Planning Department and the Office of the Town Engineer to apply for a Grant with the
October 11,2011
Southold Town Board Meeting Minutes
Page 11
New York State Environmental Facilities Corporation for The Green Innovation Grant
Proeram, for grant funds in connection with the Town's Stormwater Management efforts,
subject to the approval of the Town Attorney.
Vote Record - Re%luti0n RES-2011,690
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Voter [~ [] [] []
[] Withdrawn vincent Orlando Initiator [] rn [] []
[] Supervisor's Appt Cl~istophcr Ta!bot Voter [] 13 [] []
[] Tax Receiver's Appt Albert Kmpski Jr- Seconder [~ [] [] []
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-691
CATEGORY:
DEPARTMENT:
Consulting
Town Attorney
Authorizes and Directs Supervisor Scott A. Russell to Retain Atlantic Wireless and to Execute an
Agreement Between Atlantic Wireless and the Town of Southold to Review the Town's Wireless Bills
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to retain Atlantic Wireless and to execute an Agreement
between Atlantic Wireless and the Town of Southold to review the Town's wireless bills, at
a cost not to exceed 33% of the annual savings and credits identified, subject to the approval of
the Town Attorney.
Vote Record -Resolution RESt20! 1-691
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Seconder [] [] [] []
[] Withdrawn vincent Orlando Voter [] [] [] []
[] Supervisor's Appt Christopher Talbot Voter [] [] [] []
[] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] []
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-692
CA TEGOR Y:
DEPARTMENT:
Budget Modification
Accounting
Budget Modification 2011 Solid Waste District
October 11,2011 Page 12
Southold Town Board Meeting Minutes
Fiscal Impact:
Appropriate "surplus" and other revenue items for MSW removal and Diesel Fuel
RESOLVED that the Town Board of the Town of Southold hereby increases the 2011 Solid
Waste Management District budget as follows:
Revenues:
SR.2401.00 Interest & Earnings $3,200
SR.2680.00 Insurance Recoveries 18,000
SR.3089.30 STOP Program Assistance 1,700
SR.5990.00 Appropriated Fund Balance 135,100
Total $158,000
To.'
SR.8160.4.100.200 Diesel Fuel
SR.8160.4.400.805 MSW Removal
Total
$18,000
140,000
$158,000
Vote ReCord - ReS°lution RES-2011-692
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Vincent Orlando Voter [] [] [] []
[] Supervisor's Appt Christopher Talbot Seconder [] [] [] []
[] Tax Receivex's Appt Albert Krupski Jr. Voter [] [] [] []
[] Rescinded Louisa P. Evans Initiator [] [] [] []
[] Towa Cl~'k's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-693
CATEGORY:
DEPARTMENT:
Employment - FWD
Accounting
Appoint Richard Jenkins Part Time Deckhand
WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a
resolution at their October 4, 2011 monthly meeting to hire as a part time deckhand Richard
Jenkins effective October 13,2011 and
WHEREAS the Town Board of the Town of Southold is required to approve appointments and
salary adjustments of employees of the Fishers Island Ferry District, now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby appoints Richard Jenkins~
of Columbia~ CT~ to the position of a part time deckhand for the Fishers Island Ferry
District[, effective October 13, 2011 at a rate of $10.29 per hour.
October 11,2011
Southold Town Board Meeting Minutes
Page 13
~ Vote R~rd ~ Re~lati0n RESr20!!~693
[] Adopted
[] Adopted as Amended
[] Defeated ~s/Ay~ N~NaY 5b~t~in Abornt
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Vincent Orlando Voter [] [] [] []
[] Supervisor's Appt Christopher Talbot Initiator []
[] Tax Receiver's Appt A!bert Krupski Jr. Voter
[] Rescinded Louisa P. Evans seconder []
[] Tovm Clerk's Appt S~ot~ Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-694
CATEGORY:
DEPARTMENT:
Public Service
Town Attorney
Old Mill Road, Mattituck
WHEREAS, the Town of Southold is the owner in fee of certain real property described as
follows: Suffolk County Tax Map No. 1000-106-6-2, N/E Mill Road, Mattituck; and
WHEREAS, such property was formerly used by the Town for municipal purposes and is
presently not being utilized by the Town for any purpose; and
WHEREAS, the Town has found that said property is not needed for any municipal purpose or
use; and
WHEREAS, it is in the public interest that said parcel be put to its highest and best use; and
WHEREAS, the Town desires to fulfill this goal by offering the premises for sale to the public
by sealed bids to the highest bidder; and
WHEREAS, the said premises will be offered for sale subject to certain deed restrictions that
presently apply to the property.
NOW, THEREFORE, BE IT
RESOLVED that said premises is hereby declared to be "surplus"; and be it further
RESOLVED that said premises may therefore be offered for public sale; and be it further
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute all the necessary notices and papers declaring said
premises as surplus property; and be it further
October 11,2011 Page 14
Southold Town Board Meeting Minutes
RESOLVED that the sale shall be subject to a permissive referendum and in compliance with
any and all SEQRA and other regulatory requirements.
Vote Record - Resolution RES-2011-694
[] Adopted
[] Adopted as Amended
[] Defeated ye~/~ye : No/Nay Abstain Absent
[] Tabled William Ruland Initiator [] [] [] []
[] Withdrawn Vincent orlando Seconder [] [] [] []
[] Supervisor's Appt Christopher Talbot Voter [] [] : [] []
[] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] []
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-695
CA TEGOR Y:
DEPARTMENT:
Employment - FIFD
Accounting
Fishers Island Longevity John E. Morgan
WHEREAS, the Board of Commissioners of the Fishers Island Ferry District adopted a
resolution at their October 4, 2011 meeting increasing the wages of full-time Ferry Captain John
E. Morgan by 3% due to 5 years longevity effective November 1, 2011, and
WHEREAS the Town Board of the Town of Southold is required to approve appointments and
salary adjustments of employees of the Fishers Island Ferry District, now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby increases the salary of John
E. Morgan, Ferry Captain, Fishers Island Ferry District, by 3% effective November 1,2011.
Vote Record - Resolution RESZ2011-695
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled Willimn Ruland Voter [] [] [] []
[] Withdrawn Vincent Orlando Initiator [] [] [] []
[] Superviso~'s Appt Christ0pber T~!b~t Voter [] [] [] []
[] Tax Receiver's Appt Albert Kmpski Jr. Seconder [] [] [3 []
[] Rescinded Louisa P, Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-696
CATEGORY:
DEPARTMENT:
Property Usage
Land Preservation
October 11,2011 Page 15
Southold Town Board Meeting Minutes
Approve Subset of Projects Outlined in Draft Management Plan for the Town Open Space Parcel
Currently Known as the Bittner Property
RESOLVED the Town Board of the Town of Southold hereby adopts and gives approval to
implement the following subset of projects outlined in draft management plan for the Town
Open Space Parcel currently known as the Bittner Property (SCTM#1000-058-01-1.1): parking
area, gate, utility poles and wires, and driveway segment.
Vote ReCOrd-Resolution RES~2011-696
[] Adopted
[] Adopted as Amended
[3 Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruiand Voter [] [] [] []
[] Withdrawn Vincent Orlando Seconder [] [] [] []
0 [] [] []
[] Supervisor's Appt Christopher Talbot Voter
initiator [] [] [] []
[] Tax Receiver's Appt Albert Krupski Jr.
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-697
CATEGOR~
DEPARTMENT:
Budget Modification
Highway Department
Hwy Dept Budget Mod
Fiscal Impact:
Request so a new Flo and Dump body for Vehicle #203 may be purchased; current equipment is no
longer road worthy
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 Highway
Department budget as follows:
From:
5110 General repairs
DB.5110.4.100.900
To:
5142 Snow Removal
DB. 5142.2.400.200
$20,000.00
$20,000.00
October 11,2011 Page 16
Southold Town Board Meeting Minutes
~' Vote R~rd -~ Resolution RES-2011~697
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Vincent Orlando Vote- [] [] [] []
[] Supervisor's Appt Christopher Talbot Seconder [] [] [] []
[] Tax Receiver's Appt Albert ~pski Jr. Voter [] [] [] []
[] Rescinded Louisa P. Evans lintiator [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] []
[] Supt Hgwys Appt
[] No Action
2011-698
CATEGORY:
DEPARTMENT:
Authorize to Bid
Highway Department
Authorize Bid for Hwy Equipment
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk to advertise for bids for a new Ten Foot Air Flo-Flo and Dump body or Equal to be
mounted on truck #203.
,r Vote Record - Resolution RES;2011-698 I
[] Adopted
[] Adopted as Amended
[] Defeated Y~Aye N0~NaY Abstai~ Absent
[] Tabled William Ruland Voter [] [] [] []
[] Withdrawn Vincent Orlando Voter [] [] [] []
[] Supervisor's Appt Christopher Talbot Initiator [] [] [] []
[] Tax Receiver's Appt Albert Krupski Jr. Voter [] O [] []
[] Rescinded Louisa P. Evans Seconder [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
2011-699
CATEGORY:
DEPARTMENT:
Budget Modification
Solid Waste Management District
Grinder Supplies Budget Mod.
Fiscal Impact:
Constant grinding has used up supply of hammer tips. New tips expected to last through end of year.
RESOLVED that the Town Board of the Town of Southold hereby modifies the
2011 Solid Waste Management District budget as follows:
From:
October 11,2011
Southold Town Board Meeting Minutes
Page 17
SR 8160.4.100.650 (Town Garbage Bags)
SR 8160.4.400.815 (Scrap Tire Removal)
To;
SR 8160.4.100.596 (Maint/Supply CBI Grinder)
$1,500.00
$ 750.00
$2,250.00
$2,250.00
Vote Record - Resolution RES-2011-699
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Initiator [] [] [] []
[] Withdrawn Vincent Orlando Seconder Pl [] [] []
[] Supervisors Appt Christopher Talbot Voter [] [] []
[] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] []
[] Rescinded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [3 []
U Supt Hgwys Appt
[] No Action
2011-700
CA TEGOR Y:
DEPARTMENT:
Local Law Public Hearing
Town Clerk
LL/Firefighters Exemp - Unremarried Spouses
WHEREAS, there had been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 13th day of September, 2011, a Local Law entitled "A Local Law in
relation to Exemption for Unremarried Spouses of Volunteer Firefighters or Ambulance
Workers" and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons were given an opportunity to be heard, now
therefore be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed
Local Law entitled, "A Local Law in relation to Exemption for Unremarried Spouses of
Volunteer Firefighters or Ambulance Workers" that reads as follows:
LOCAL LAW NO. 12 of 2011
A Local Law entitled, A Local Law in relation to Exemption for Unremarried Spouses of
Volunteer Firefighters or Ambulance Workers .
BE IT ENACTED by the Town Board of the Town of Southold as follows:
1. Purpose.
October 11,2011
Southold Town Board Meeting Minutes
Page 18
The Town Board of the Town of Southold seeks to clarify the present law that allows
unremarried spouses of volunteer firefighters or ambulance workers the maximum
exemption from Town-imposed taxes available under New York State Law. There are
two distinct categories for eligibility under this Section:
1. deceased members enrolled for five years and killed in the line of duty; and
2. deceased members enrolled for at least twenty years.
II. Chapter 245 of the Code of the Town of Southold is hereby amended as follows:
§245-13. Unremarried spouses of deceased volunteer firefighters or ambulance workers
Any exemption granted under §245-11 to an enrolled member of an incorporated volunteer fire
company, fire department, or incorporated volunteer ambulance service shall be extended to such
deceased enrolled member's unremarded spouse; pr,~;Sdcd, h,~wever, that: under the following
circumstances:
Members of an incorporated volunteer fire company, fire department, or incorporated
volunteer ambulance service killed in the line of duty; provided, however, that:
A. 1. Such unremarried spouse is certified by the authority having jurisdiction for the
incorporated volunteer fire company, fire department or incorporated volunteer
ambulance service as an unremarried spouse of a deceased enrolled member of
such incorporated volunteer fire company, fire department or incorporated
voluntary ambulance service who was killed in the line of duty; and
~. 2. Such deceased volunteer died in the line of duty and had been an enrolled member
for at least five years; and
G. 3. Such deceased volunteer had been receiving the exemption prior to his or her
death; o~
and
Deceased members of an incorporated volunteer fire company, fire department, or
incorporated volunteer ambulance service; provided, however, that:
1. Such unremarried spouse is certified by the authority having iurisdiction for the
incorporated volunteer fire company, fire department or incorporated volunteer
ambulance service; and
2. Such deceased member had been enrolled for at least 20 years; and
3. Such deceased member and unremarried spouse had been receiving the exemption
prior to his or her death; and
4. The governing body of a school district adopts a resolution after a public hearing
providing for the exemption regarding school district purposes.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
October 11,2011
Southold Town Board Meeting Minutes
Page 19
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Vote ReCOrd ~ ResOlution RES-2011-700
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruland Seconder [] [] [] []
[] Withdrawn Vihceni 0riando Voter [] [] [] []
[] Supervisor's Appt Christopher Talbot Voter [] [] [] []
[] Tax Receiver's Appt Albert Krupski Jr, Voter [] [] [] 13
[] Rescinded Louisa P. Evans Initiator [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [3 [] []
[] Supt Hgwys Appt
[] No Action
2011-701
CATEGOR~
DEPARTMENT:
Attend Seminar
Town Clerk
Site Visit to BAE Systems Re:Energy Efficiency
RESOLVED that the Town Board of the Town of Southold hereby grants permission to
Jeffrey Standish~ Deputy Director of Department of Public Works; Tim Abrams~
Electrician~ Department of Public Works; and Energy Committee Members Elizabeth
Neville~ Town Clerk and Kimon Retzos to visit BAE Systems facility in Greenlawn~ New
York ~ on October 4~ 2011. The purpose of this visit is to view energy efficiency measures
initiated by BAE to effect energy cost savings with the Town spending the least amount of
capital. All expenses for travel to be a legal charge to the Whole Town 2011 budget
A. 1410.4.400.600 (meetings and smninars).
Vote Record - ReSolutiOn RES-20tl-701
[] Adopted
[] Adopted as Amended
[] Defeated Yes/Aye No/Nay Abstain Absent
[] Tabled William Ruiand voter [] [] [] []
[] Withdrawn Vincent Orlando Initiator [] [] [] []
[] Supervisor's Appt Christopher Talbot Voter [] [] [] []
[] Tax Receiver's Appt Alberl Krupski Jr. Seconder [] [] [] []
[] Rescinded Louisa P. Evans Voter [] : [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [3 [] []
[] Supt Hgwys Appt
[] No Action
October 11,2011
Southold Town Board Meeting Minutes
Page 20
2011-702
CATEGORY:
DEPARTMENT:
Employment - FIFD
Accounting
Terminate Employment F1FD Mgr. Thomas Doherty
WHEREAS, the Board of Commissioners of the Fishers Island Fen-y District adopted a
resolution at an October 7, 2011 Special Meeting to terminate the employment of Thomas
Doherty, effective immediately; and
WHEREAS, the Town Board of the Town of Southotd is required to approve appointments and
salary adjustments of employees of the Fishers Island Ferry District,
NOW, THEREFORE, BE IT
RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the
October 7, 2011 resolution of the Commissioners of the Fishers Island Ferry District to
terminate the employment of Fishers Island Ferry District Manager, Thomas Doherty,
effective October 7, 2011.
Vote Record- ReSolution RES-2011~702
~1 Adopted
[] Adopted as Amended
[] Defeated Yes!AYe N0~Nay Abstain Absent
[] Tabled William Ruland Seconder [] [] [] []
[] Withdrawn Vincent Orlando Voter [] [] [] []
[] Supervisor's Appt Christopher Talbot Voter [] [] : [] []
[] Tax Receiver's Appt Albert Krapski Jr. Initiator [] [] [] []
[] Resch~ded Louisa P. Evans Voter [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] NO Action
2011-703
CA TEGOR Y:
DEPARTMENT:
Employment - F1FD
Accounting
Employing F1FD Interim Manager Randy Wyrofsky
WHEREAS, the Board of Commissioners of the Fishers Island Ferry District adopted a
resolution at an October 8,2011 Special Meeting to hire Randy Wyrofsky, effective October 11,
2011; and
WHEREAS, the Town Board of the Town of Southold is required to approve appointments and
salary adjustments of employees of the Fishers Island Ferry District,
October 11,2011 Page 21
Southold Town Board Meeting Minutes
NOW, THEREFORE, BE IT
RESOLVED that the Town Board of the Town of Southold hereby ratifies the October 8~ 2011
resolution of the Commissioners of the Fishers Island Ferry District employing Fishers
Island Ferry District Interim Manager~ Randy Wyrofsky~ effective October 11~ 2011.
~Voi~ RgC°,r ,d ~ Resolutloa RES-2011~703
[] Adopted
[] Adopted as Amended
[] Defeated Yes/AYe N0~NaY Abstain Absent
[] Tabled William Ruland Seconder [] [] [] []
[] Withdrawn Vincent Orlando Voter [] [] [] []
[] Supervisor's Appt Christopher Talbot Voter [] [] [] []
[] Tax Receiver's Appt Albert Krupski Jr. Voter [] Fl [] []
[] Rescinded Louisa P. Evans Initiator [] [] [] []
[] Town Clerk's Appt Scott Russell Voter [] [] [] []
[] Supt Hgwys Appt
[] No Action
Motion To: Motion to recess to Public Hearing
RESOLVED that this meeting of the Southold Town Board be and hereby is declared
Recessed at 4:48 PM in order to hold a public hearing.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Albert Krupski Jr., Councilman
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
VI. Public Hearings
LL/Firefighters Exemp - Unremarried Spouses
RESULT: CLOSED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Albert Kmpski Jr., Councihnan
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
Talbot
COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been presented to the
Town Board of the Town of Southold, Suffolk County, New York, on the 13th day of September,
2011, a Local Law entitled "A Local Law in relation to Exemption for Unremarried Spouses
of Volunteer Firefighters or Ambulance Workers" now, therefore, be it
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will
hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road,
Southold, New York, on the 11th day of October, 2011 at 4:35 p.m. at which time all interested
persons will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Exemption for Unremarried
October 11,2011 Page 22
Southold Town Board Meeting Minutes
Spouses of Volunteer Firefighters or Ambulance Workers" reads as follows:
LOCAL LAW NO. 2011
A Local Law entitled, "A Local Law in relation to Exemption for Unremarried Spouses of
Volunteer Firefighters or Ambulance Workers".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Purpose.
The Town Board of the Town of Southold seeks to clarify the present law that allows
unremarried spouses of volunteer firefighters or ambulance workers the maximum
exemption from Town-imposed taxes available under New York State Law. There are
two distinct categories for eligibility under this Section:
1. deceased members enrolled for five years and killed in the line of duty; and
2. deceased members enrolled for at least twenty years.
II. Chapter 245 of the Code of the Town of Southold is hereby amended as follows:
§245-13. Unremarried spouses of deceased volunteer firefighters or ambulance workers
Any exemption granted under §245-11 to an enrolled member of an incorporated volunteer fire
company, fire department, or incorporated volunteer ambulance service shall be extended to such
deceased enrolled member's unremarried spouse; .....
v ......., ......... , that. under the following
circumstances:
Members of an incorporated volunteer fire company, fire department, or incorporated
volunteer ambulance service killed in the line of duty; provided, however, that:
A. 1. Such unremarried spouse is certified by the authority having jurisdiction for the
incorporated volunteer fire company, fire department or incorporated volunteer
ambulance service as an unremarried spouse of a deceased enrolled member of
such incorporated volunteer fire company, fire department or incorporated
voluntary ambulance service who was killed in the line of duty; and
13.2. Such deceased volunteer died in the line of duty and had been an enrolled member
for at least five years; and
G. 3_. Such deceased volunteer had been receiving the exemption prior to his or her
death; o~
and
Deceased members of an incorporated volunteer fire company, fire department, or
incorporated volunteer ambulance service; provided, however, that:
1. Such unremarried spouse is certified by the authority having iurisdiction for the
incorporated volunteer fire company, fire department or incorporated volunteer
October 11,2011 Page 23
Southold Town Board Meeting Minutes
ambulance service; and
Such deceased member had been enrolled for at least 20 years; and
Such deceased member and unremarded spouse had been receiving the exemption
prior to his or her death; and
The governing body of a school district adopts a resolution after a public hearing
providing for the exemption regarding school district purposes.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Russell
SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular
local law? (No response)
Motion To: Motion to Close Heating
On motion by Justice Louisa P. Evans, seconded by Councilman Albert J. Krupski, it was
RESOLVED the Southold Town Board hereby closes this public heating at 4:49 PM
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Albert Krupski Jr., Councilman
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
Closing Statements
Supervisor Russell
SUPERVISOR RUSSELL: That would conclude the business of the agenda. Would anybody
like to address the Town Board on any issue? Mr. Cleary?
John Cleary, Mattituck
JOHN CLEARY: My name is John Cleary, I live in Mattituck. I just gave you a picture of the
beach fence in front of 250 Sound Beach Drive, there are six sections of the fence that are in the
water that are in violation of the permit by the DEC. I would like you to notify them that the
fence is in violation. Regarding this property and we have been at this before, I would like to
give you something else. I don't know if you have got it, this is a letter from the district
administrator's judge's office, all the information that I had provided the town in the meetings
last November, I gave to the district administrative judge's office. And what the response was, I
don't have any clout, I don't have any (inaudible), and that I should get an attorney. Well, I
brought this to Ms. Hulse's office and gave her all the information I had. The primary thing that
October 11,2011
Southold Town Board Meeting Minutes
Page 24
I have here that might be of interest to the town (inaudible). What I have just given the
supervisor is a contract or a copy of a contract and payment by Christine Rivera that during the
trial for this property that is on the beach in the vicinity and west of 250 Sound Beach Drive, she
had in her pay this Giannoulis, Harry Giannoulis, to lobby Andrew Cuomo in legal matters in the
Town of Southold. Now my question, Mr. Finnegan, is it proper for a plaintiff to pay money to
influence the defendant's attorney?
TOWN ATTORNEY FINNEGAN: I don't know all the circumstances, sir and I would say
based on what you are saying to me, it doesn't sound proper. But I obviously would have to
review the documents to give you a straight answer on that but generally not, I would say no.
MR. CLEARY: Now, after this was done, the attorney general at that time was a no-show in the
court. So Cuomo was a no-show for several things. All the information identifying the property
in question left out that all the properties and I just reviewed the whole court document today
again, all the properties, each and every one of them, have stipulated that their soundfront
property lines are to the mean high tide mark, of the 1949 survey of Dawn estates. All that, in
other words, that is making, Mr. Russell, if you can help me with this, these are fixed metes and
bounds. By leaving this out, no-show Cuomo didn't represent the people, didn't question this
application. And Mr. Cuomo also didn't question the fact that the attorney that is presenting this
case against the State of New York happened to be the husband of the wife, whose wife shares
an office with the judge that made the decision. I think somebody should look into that. Now,
Mr. Talbot you recused yourself because you are a volunteer fireman. I think if a judge had her
office mates husband in court, she might recuse herself from that court, too. In addition to that,
in the court documents Christine Rivera claims to be that she represents everybody north of
Sound Avenue to the Sound. I don't think that was quite true. I wrote it down, Mr. Finnegan, if
you want to look up the case and the part number. Now I have here a copy, it is amazing once
you do something, your mailbox gets filled with unsigned stuff. This is the only copy that I have
but you are welcome to make a copy of it. This is a copy of where that survey puts the property
line in the spring of 2007. All of the property pretty much is well beyond the high tide mark. I
also reviewed the, there is a reference in the court documents that the plaintiff had submitted a
survey or a map of their waterfront to the mean high tide mark. The map provided, and it is in
the court files, is a fraud. The surveyor, Nathan Corwin from Jamesport, I interviewed him and
he said he did the survey at the behest of Christine Rivera. Christine Rivera was advised that the
survey had absolutely nothing to do with the court decision and absolutely nothing to do with a
mean high tide mark. In fact, the survey was substantially seaward of the mean high tide mark.
Miss Rivera knew that. Somehow a copy of this survey got presented to the court, now as a
result of that survey, 17 property owners along the Sound changed their boundaries. Now, Mr.
Finnegan, is it proper to, is it legal to give a survey that is in violation of the court order to
establish a mean high mark and change property lines?
TOWN ATTORNEY FINNEGAN: I think a lot of this, as we have discussed time and again, is
issues that, as Judge (?) said to you, I would really recommend that if you want to pursue this,
that you get counsel to advise you. Because I can't give you legal advice nor can anyone in my
office.
October 11,2011
Southold Town Board Meeting Minutes
Page 25
MR. CLEARY: I am not seeking legal advice. I think the State of New York constitution says
we can walk on the beach below the mean high tide mark.
TOWN ATTORNEY FINNEGAN: I am not disputing that. And as far as the DEC (inaudible)
I understand that they are looking into the fence issue already, based on your complaint.
MR. CLEARY: Well, the fence issue is one thing, the mean high tide mark, I think it would
behoove the town to represent the people of the town, not me, the people of the town to walk on
the beach without being stopped or questioned by anyone according to the court decision mean
high tide mark.
TOWN ATTORNEY FINNEGAN: I understand but that, the state was the proper party in the
litigation. I understand your claim that they were not, they did not show up in court and they did
not represent those issues properly...
MR. CLEARY: Quite the contrary. I have copies of where the state wrote the court and said all
of the documentation is inadequate and the court denied it. Denied it. They accepted a survey
instead. Now what I am asking, I am not asking for free legal defense and I am not asking to sue
the town, I am just asking somebody, a competent authority, to ask these homeowners to provide
as they are required by court law, court order or the law of New York State, provide a survey that
says we have a right to extend our property to a mean high tide mark. And who and what
competent authority is establishing that mark?
SUPERVISOR RUSSELL: Okay, let me just, I had asked you when you came to see me last
week to go and sit with the Assessor's and go over the entire file of the properties along that...
MR. CLEARY: I did.
SUPERVISOR RUSSELL: Okay. The 102 form of 2005, 102 form of 2007, the survey
submitted by Joe Ingegno (?), the copy of the court order and apparently revisions in the deeds.
The Assessors made or I guess submitted the 102 forms to the County based on those
instructions, which were part of a court order which made reference to the survey. I understand
everything that you are saying but the, the references in the past, I don't know if it was by you or
if it was by other people in the community but that well, they stole town property. Well, first of
all, nobody stole anything. Second of all, it is not town property, it is public trust doctrine. And
the State of New York is the agent that needs to step in and defend the public trust doctrine. We
are no, you know, more mighty than you without counsel to fight for public trust issues, that is a
state document.
MR. CLEARY: Well, Mr. Russell, I agree with you. I read those court documents and I am not a
lawyer but it is enough to make your head spin. If you don't understand that the survey is a total
fraud, alright, the survey itself extends Ms. Rivera's property 17 feet into public domain east of
her original property line. That was never mentioned in any document, no challenge, no court
decision or anything else extended her property in an easterly direction from her original
frontage. To me, that identifies the, further identifies the survey that the courts recognize as a
October 11,2011 Page 26
Southold Town Board Meeting Minutes
fraud. Now, the survey in the court has absolutely no mention to a mean high tide mark, has
absolutely no mention to a study, the surveyor himself says anyone who knows what they are
doing would recognize that this is not a mean high tide mark. There is a little comer, a one lot
thing, evident high water mark with an arrow pointing to it. You just can't, you can't submit
something, I don't think you can submit something like that. so what I would ask the Town
Board to do is to send a letter to the district attorney of Suffblk County to investigate who
provided this document, what authority or what kind of credentials they had to design it. But the
surveyor himself said has absolutely has nothing to do with. So possibly the Town of Southold
could get a letter from the surveyor and send it on to the district attorney to give him a little leg
up saying hey listen, someone provided the court with a document that misled the court and was
a fraud. Now, could the town do that?
COUNCILMAN KRUPSKI: I would be honestly, being somewhat familiar with it, I would be
happy if the Town Board supported that because this is a, the public trust doctrine is very
important and it is the public's right that the foreshore shouldn't be blocked and it is really
important plus the State, if in fact they gave away the people's underwater land there just
because of an elevation change, they really made a wrong move there. Whether they did it
accidentally or whether they did it intentionally, either way, it is wrong and I would support the
town trying to bring all documents to light that at least make it clear.
TOWN ATTORNEY FINNEGAN: It is one thing to make a request for an investigation but I
don't know at this point whether a challenge to Judge Emerson's order is timely and whether that
could be ....
MR. CLEARY: Oh, I don't want to challenge, believe me, there is something unique in Judge
Emerson's order that I really like. What I really like is Christine Rivera, in her affidavit to court
said the only property she is looking for is property that never lost anything. She is saying I
never lost any property over 50 years. That is an affidavit. Judge Emerson made a decision, you
can have the property but only the property you haven't lost over 50 years. Now I know the
beach down there, in fact last year with the beach fence, that beach, because of the fence you
could see something that gauged the loss of the sand. That went up and down two or three feet
in a week. The very sand that Christine Rivera was claiming was gone before the Judge made
the decision. The Judge also made a decision that she has to bring back any mean high tide mark
that is established. So, I don't have a problem with the mean high tide mark if there was one
established.
SUPERVISOR RUSSELL: Okay, what the court did was, the court in Emerson's decision
recognized rightly or wrongly that the mean high tide mark has traveled northerly and as such,
the ownership of the accreted land, specifically the word accreted was referenced in that
decision, to the owners along that shore. Now I wish the State of New York stepped up and said
no, that is public trust land. The State did not do that. But Judge Emerson's decision was quite
clear in conveying the land of the accreted, what the Judge herself recognized as a mean high
water mark moving northerly. That's an award of accretion. That happens lots of time in court.
MR. CLEARY: Again, you give one of these old guys a little something in an intemet
October 11,2011 Page 27
Southold Town Board Meeting Minutes
connection and they keep looking at these things, so I agree again with what Judge Emerson said,
now Judge Emerson I think is a very wise person. She knows full well that the whole reason for
that land being there is because of the Army Corps of Engineers constructing a jetty. Judge
Emerson knows full well by the Supreme Court of the United States, they said she is entitled to
accreted land but she is not entitled to any land, Supreme Court of the United States, she is not
entitled to any land caused by the actions of the Army Corps of Engineers. That was in the case
of New Jersey, Lou vs. New Jersey. In fact, there is even more decisions where the Supreme
Court subsequent to that is saying, yeah, you can have the accreted land. But the definition of
the land being claimed is what the Army Corps of Engineers calls impounded sand. Further
impounded sand because of the amount of sand coming and going every week in there, it is not
accretion, it is avulsion. Avulsion is also excluded by the Supreme Court of the United States.
So the very little bit of sand that she has, that she claimed that she never lost anything, is going to
be miniscule, if only somebody would provide a survey of that land that (inaudible). Just that
(inaudible). She can have the accreted land, I have no problem with that but there is nobody that
said what the accreted land is, what the avulsed land is and what the impounded land is.
COUNCILMAN TALBOT: Well, it show on the survey of 1949 they were referencing, right?
Then if you show the distance from the front property line to the rear ....
MR. CLEARY: The 1949 survey, I read the paper ....
COUNCILMAN TALBOT: And look at the dimension on it...
SUPERVISOR RUSSELL: Historically, long before this particular decision of 2007, the courts
of New York have always tried to honor the intent of the original deeds. And when deeds
reference things like high water marks, high water marks move, so generally in the past, people
that lived along the water that saw the accretion, got benefit of the accretion. The converse is
true, they have also lost land such as to east of that where the judges have generally tried to
honor the intent of the original map, and when the map assigns property based on and uses a
metes and bounds of a high water mark, high water marks move. Judge Emerson acknowledged
the movement of that high water mark and awarded the all the accreted lands to the owners along
that. it is tight in her decision.
MR. CLEARY: yeah but it is not. Her decision has nothing to do with the survey. Absolutely
nothing to do with, even though that survey is on the court record.
SUPERVISOR RUSSELL: She referenced it.
MR. CLEARY: Yes, she did. And by her own rulings, the survey is wrong.
SUPERVISOR RUSSELL: As it exists ....
COUNCILMAN TALBOT: Is there a reference to the Army Corps as well?
SUPERVISOR RUSSELL: No, because the Army Corps of Engineers has never stepped in and
October 11,2011 Page 28
Southold Town Board Meeting Minutes
defined the land there as sand that has been avulsed.
MR. CLEARY: That is another thing. The Army Corps of Engineers and the federal
government, Long Island Sound is a federal waterway, it is not one of these local tidal waterways
that you think of here in Southold, as a federal waterway, Long Island Sound goes from shorn to
shore to the grass. Shore to shore to the grass. That is the federal law. Nobody by federal law
can instruct anybody crossing below the grass, federal law. Now as far as the accretion goes, I
understand that too. Their metes and bounds on each and everyone of those people that applied
for accretion, they didn't have metes and bounds established by the high tide mark of any effort,
they bought property from Dawn Estate corporation that subdivided the lots and those metes and
bounds were fixed to the high tide mark of Dawn Estates for 1949. Not to the high tide mark of
the Sound. To the high tide mark of the map. So I think ....
COUNCILMAN TALBOT: Referencing that, if they lost the land, then they would essentially
own past the high tide mark.
COUNCILMAN KRUPSKI: Right.
MR. CLEARY: Yes. But then another loss that steps in now and that actually Judge Emerson
made a decision on that, too, if your house happens to fall in the water, you lost. That is because
she declared in her statement, that if the mean high tide mark goes the other way, you have to
give it back. But you are right, that is a gray area. You can founder around in that for a long
time.
SUPERVISOR RUSSELL: Avulsion and accretion are two areas that are very specific and I
believe it was Emerson who declared this land as land that had been accreted not avulsed. It
wasn't distributed in rapid fashion by a governmental entity, it accreted over time because of the
existence of that jetty and she awarded it to those owners. I wish the State stepped in but they
didn't.
COUNCILMAN TALBOT: Do they give a certain distance in the decision you were talking
about referencing the Army Corps of Engineers? As how far away from an Army Corps
structure it would affect? Because if you were a mile down the beach, you can't say that ....
MR. CLEARY: No. I am asking for compliance with Judge Emerson's ruling. That some
competent authority establish where the mean high tide mark by accretion. When I spoke to the
DEC officer and he came down, he said the mean high mark is an eflbrt of 19 years of study. So
you really can't get a mean high tide mark unless you do 19 years of study. You can't take a
snapshot of the beach and go to a judge and say I want this. But the judge said that is okay. I
don't know why. I have my own thoughts on it. But if you see the amount of damage to the
bluffs going west of the jetty, all that land has refilled land that was taken off the beach in front
of Sound Beach Drive. This is all new land from last winter. The shoreline last winter and a
common tide, there is a couple of houses down there that took down the sandy dunes, now this is
a, this is documented wetlands. They took down three houses of sandy dune. Several times last
winter, the tides were at their backdoor because there were no more dunes there. So if something
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like that happens, by the judge's decision, it doesn't fit. I do have photographs of the dr/It of the
Sound. If you are interested.
COUNCILMAN TALBOT: In any of those court documents there wasn't a survey of the 1949
subdivision, was there?
SUPERVISOR RUSSELL: No. They reference the 1949 subdivision, the 1947 subdivision and
then she made reference to the survey that was submitted in support of their motion and that was
what she had awarded to the owners. With the map as submitted on this date. Which was a map
that was done by Joe Agegno, which is on file I believe, with the Assessors office.
COUNCILMAN TALBOT: Yes, we always see surveys give and take, over the years, on the
ocean front.
MR. CLEARY: Inaudible. You can clearly see the (inaudible) the median high tide mark is
probably above that rack line. And here is the picture I took myself. You can clearly see where
the, you can see by the color of the water where the sand is getting washed down, (inaudible),
now this shoal that goes off the Mattituck Inlet now is about 4 or 5 miles long and that
(inaudible).
COUNCILMAN TALBOT: Have to allow the Mattituck Park district to mine some of that sand
again.
SUPERVISOR RUSSELL: It is an ongoing federal project that I thought by last year it looked
like they were making good progress at developing a solution but it ....
COUNCILMAN KRUPSKI: Languished again. Yeah.
MR. CLEARY: Inaudible. Mr. Finnegan, I am sure you (inaudible) that no title company would
ever guarantee (inaudible). I mean, something ought to be done.
SUPERVISOR RUSSELL: Yes.
COUNCILMAN TALBOT: People have already questioned lobbyists.
MR. CLEARY: I think that from what I have been told, the default decision is only against New
York State. I know the town went to an awful lot of work in trying to put their position in there
and probably a lot of expense but if the default decision is only against New York State, is it
possible for the town, because it is still open for litigation for the town, is it possible for the town
to advise the judge that she presided over a case where the plaintiff was paying $10,000 to the, to
influence the defense attorney Andrew Cuomo?
TOWN ATTORNEY FINNEGAN: First of all, it is an issue of standing and as the Supervisor
pointed out, we are not a party to the actions. But again, what you are suggesting is that her
findings were dependent on bad evidence or there was this influence and I just don't know what
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avenue the town would have to set aside that or to seek reconsideration of the decision. But we
can certainly look into it and see whether there is any option there if that is what the Town Board
would like to do.
MR. CLEARY: Well, quite frankly, I am leaning the other way. I do lean in support of
everything if you take it from what Judge Emerson says, I do lean in support of what she says. If
there was compliance, according to what she said, my question and my thoughts are that
somebody produced a knowingly fraudulent document, they produced it to the town here, Jack
Sherwood signed it. It included land that wasn't included but it is in the survey that is in the
court, I am not asking for a redo.
SUPERVISOR RUSSELL: The fraudulent document you are referencing, you are talking about
a survey?
MR. CLEARY: Yes.
SUPERVISOR RUSSELL: Alright, Jack Sherwood didn't sign a survey, he submitted a 102
form with the survey as the supporting documentation. Jack did not commit a fraud of any kind.
MR. CLEARY: Thank you. I will be corrected on that. I didn't think so. In fact, I don't think
he even read it. I think somebody used his signature.
SUPERVISOR RUSSELL: No, I think Jack did all of his own work and he is quite gifted at
what he does.
MR. CLEARY: Okay. That is what I would like. Just to send a letter to the district attorney
saying hey, could you look into this?
COUNCILMAN KRUPSKI: I would support that.
SUPERVISOR RUSSELL: We will ask for a letter to be drafted by our attorney to the district
attorney.
MR. CLEARY: Okay.
COUNCILMAN TALBOT: The main thing is if you reference all those old surveys and then the
new surveys and you even said right, Ms. Rivera said she wasn't looking to pick up anymore
land, she just wanted what she always had, right if you got a copy of the old one and the new one
and laid it out on the existing property, make sure the fence is pulled back from that distance,
right?
MR. CLEARY: I don't stand to gain or lose any property with this, I think I am in with the other
200 people in the Captain Kidd civic association who lost a lot of money and the value of their
property because they no longer have a beach. I bought my property by one of the people on the
beach, Meskouros, who told me this is our beach. Now all of a sudden there is a fence up. Now
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I know that all these beach owners down there, they are not going to be very happy with this but
they never had it in the first place.
COUNCILMAN TALBOT: I see on that one map you had there, the only one that didn't pick
up any land was the town.
MR. CLEARY: Well, that is all I have to say until the next time.
SUPERVISOR RUSSELL: Would anybody else like to address the Town Board?
MR. CLEARY: I am glad I didn't belabor you at the end of a long meeting or a long night.
SUPERVISOR RUSSELL: Yes, Ms. Adams, please.
Jody Adams
JODY ADAMS: Inaudible. And it seems to me, oh, okay, thank you, you heard that, I presume.
Now you were talking about Richmond Creek and including the roads, you know, access road
and stuffto it so it does not get junk, it gets less junk into it. And I wonder if any of you have any
idea of what they are trying to do at the end of Indian Neck Lane?
SUPERVISOR RUSSELL: Yes. We actually have, there is a couple of issues with Indian Neck
Lane. The loss of beach, the loss of sand, it is almost to the point of being a hazard for the
public...
MS. ADAMS: No, no. Yes.
SUPERVISOR RUSSELL: We have already asked the Department of Public Works to apply for
DEC permits. That would include sand restoration, that would include a small catwalk similar to
what we have installed at other beaches.
MS. ADAMS: To get you down?
SUPERVISOR RUSSELL: Yes, so the public has safe access going from the asphalt down to
the beach, along with some sand restoration and we have also asked them to evaluate a cache
basin situation, to price out a cache basin that would stop the culvert and hold the water on site at
the road end before it gets to the beach. I know that that is going to be an expensive proposition
because the depth of the water table there isn't very much but we have asked them to come up
with at least a price so we know what to budget for in capital expenditure.
MS. ADAMS: Okay. But you know what I am talking about in terms of this pipe thing?
SUPERVISOR RUSSELL: The big culvert.
MS. ADAMS: You call that a culvert?
SUPERVISOR RUSSELL: For lack of a better word, yes.
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Southold Town Board Meeting Minutes
Page 32
MS. ADAMS: I call it a big pipe. But why on earth are you accelerating junk from the road into
the water?
SUPERVISOR RUSSELL: You are fight. You are absolutely fight.
MS. ADAMS: That is something, thank you.
SUPERVISOR RUSSELL: Benja?
Benja Schwartz, Cutchogue
BENJA SCHWARTZ: Good evening, just got back into town so I missed the beginning of the
meeting. How are you all doing tonight? Benja Schwartz. How is the pumpkin picking going?
COUNCILMAN KRUPSKI: Good.
MR. SCHWARTZ: Good, yeah, I have been driving by. I got to stop in and pick some
pumpkins. Well, just briefly, you know, why are we accelerating the flow of the runoff from the
roads into the water? Because that is what we do, fight? Isn't that what we have been doing for
the last ....
COUNCILMAN TALBOT: That is what they did ....
SUPERVISOR RUSSELL: That is what they have done in the past, this is ....
MR. SCHWARTZ: They are still doing it.
SUPERVISOR RUSSELL: .... a situation we are trying to rectify. In the old days they thought
that was the best, flooding solutions were met with creeks and bays and that was not the fight
thing to do.
MR. SCHWARTZ: But I still haven't gotten an answer. That I understand, they wanted to get
the water off the road, they thought the easiest thing to do was to put it into the salt estuary, into
the big pond. But I still haven't gotten an answer why the town put a drainage well, a storm
sewer system in front of Mallin's property on Fleetwood Road. Because there was no problem
with drainage there. And that was done this year. By the Highway Department with town
taxpayer money and it wasn't done without objection. There was questions raised, there were
questions raised, there were never any answers received. If anybody has any answers tonight, I
would be very happy to hear them. If you have an answer next week, I would be happy to hear it.
I have been waiting. I am still waiting. I will probably be waiting till I die.
COUNCILMAN TALBOT: Benja, is that the property that is a couple of doors down from you?
MR. SCHWARTZ: Yes.
COUNCILMAN TALBOT: I thought we went over that pretty extensively. That was the catch
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basins they put in. Not a drain into the creek.
MR. SCHWARTZ: No, it doesn't drain into the creek, except that it probably does eventually
because it is going...
COUNCILMAN TALBOT: Down into the water table.
MR. SCHWARTZ: Down into the water table on a bluffover the creek.
COUNCILMAN KRUPSKI: The highway superintendent has that discretion to put in drainage
where he sees a problem.
MR. SCHWARTZ: So the highway department has unfettered discretion to do whatever he
wants without any direction or control or guidance from this board. That seems to be the
situation in my neighborhood. Excuse my raising my voice but I have good reason to.
COUNCILMAN KRUPSKI: And we are working with the highway department to find a
solution to the other end of your neighborhood.
MR. SCHWARTZ: Alright, I will calm down but it is very hard because a good friend of mine,
one of the most beautiful trees in Southold Town, one of the strongest, healthiest, most vital trees
in Southold Town, very close to my home, was butchered, was murdered today. I wasn't here, I
was out of town. I came home. There is a stump that is probably about 15 feet high, I think it
was LIPA came and cut it down below the wires. I don't know if the town has done any work
yet but apparently the town is planning on coming back and finishing the job. Well, you only
have to walk 25 feet down the road and you will see a tree which has three dead branches, huge
dead parts to it and then it has one part where the leaves are all dying and that is on the town
right of way. But that tree is still there and the town bas no plans to do anything about that tree.
This tree was a strong healthy tree. It was not endangering anybody, it wasn't causing problems
for anybody, the only problem was that it had a root that went out that was about three, four
inches above the ground and about twenty feet long. A little topsoil could have covered that up
if it was a problem for anybody but it actually I think was a very attractive feature of the
neighborhood. Now we have, it was growing next to a telephone pole, now we have a big open
space with a telephone pole right in front of it, right up from the beach. I wrote a letter to your
committee, your advisory committee, the tree committee. Never got any response. It was a one
page, pretty full page letter, maybe it was a page and half or two pages. You know I didn't write
that just to, I could have taken it into the circular file on the comer of my house. I didn't do that.
I sent it to the tree committee, if I was you, I would want to know why my committee doesn't
answer its correspondence. I am still waiting for an answer on that and I would appreciate
something in writing.
COUNCILMAN TALBOT: That was the tree on the south side of the road from your driveway?
MR. SCHWARTZ: Yes. The highway department wrote me something...
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COUNCILMAN TALBOT: I would agree with you.
MR. SCHWARTZ: They didn't even know what kind of tree it was.
COUNCILMAN TALBOT: I would agree with you in this instance for sure. I thought that tree
was fine and didn't need to be cut down at all.
SUPERVISOR RUSSELL: Benja, was that LIPA?
COUNCILMAN TALBOT: I looked at that a year and a half ago.
MR. SCHWARTZ: The tree had been professionally pruned by LIPA fur years. So it was not
endangering any wires or any ....
COUNCILMAN TALBOT: Seems like the roots were undermining the gentleman's driveway
there, I think?
MR. SCHWARTZ: No. He claimed that but I didn't see any damage to the driveway. Nothing.
SUPERVISOR RUSSELL: You just mentioned the work that was done in the past couple of
days. Was that LIPA or a subsidiary of LIPA?
MR. SCHWARTZ: Today.
SUPERVISOR RUSSELL: Today. Was it the town that did that or was it LIPA? Who did the
work there?
MR. SCHWARTZ: I heard that both the town and LIPA were there today. And I believe that
most, the bulk of the work done today was done by LIPA but the town asked LIPA to do the
work and intends to come back and finish the job. And I don't, I haven't heard anything about
planting a new tree there but it is going to take you 40, 50 years plus to replace what was lost
today. I am really sorry I had to come here and mention that but ifI didn't, it would be ....
COUNCILMAN TALBOT: Who is going to speak for the trees?
MR. SCHWARTZ: Another nightmare. Now, resolution number 694, did I miss any discussion
of that at the meeting today? Because I am very confused.
COUNCILMAN TALBOT: That was the piece of property that is adjacent to the Old Mill Inn,
on the north side of the Old Mill when you come down that hill there.
MR. SCHWARTZ: Right. And your resolution says it was formerly used for municipal
purposes. Does that, do we know what purpose it was used for?
SUPERVISOR RUSSELL: It looks like it was taken as part of a road dedication and never used
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then never used for road purposes. It has no practical use for public benefit. It is but a sliver of
property that is bulkheaded.
MR. SCHWARTZ: So maybe it wasn't used for municipal purposes. I was just reading, trying
to understand what is written here. Then it says the town, I assume the Town Board, is finding
that the property is not needed and it is in the public interest to sell it. Fine, now, therefore be it
resolved that said premise is hereby declared to be surplus. But then you have got that the Town
Board authorizes Scott Russell to declare it as surplus. Well, if you are going to declare it as
surplus, I don't think you need to authorize him to do it. Then it says resolved, said premise may
be offered for public sale. So that is a done deal but then it says the sale should be subject to
submissive referendum and in compliance with any and all SEQRA and other regulatory
requirements. Well, you can't say it is a done deal and then we are going to think about it and
consider it and have disclosure in a SEQRA proceedings. You have to do the SEQRA before
you make the declaration to start making the decision. Isn't that, am I ....
SUPERVISOR RUSSELL: I think we are spelling out our intent...
MR. SCHWARTZ: I know what a public referendum, permissive referendum, there may or may
not be one but the SEQRA, if it is required, it is required as of condition precedent before the
resolution declaring that surplus property. And I just would ask that that resolution be rescinded
and that the issue of surplus property be, consideration be made maybe to follow the legal
procedure and I have heard that this is possibly just one part of a series of sales of property in the
town. Now I don't know but maybe we could put them all into one SEQRA and I am not saying
that it is the wrong thing to do but this is not the way to do it.
SUPERVISOR RUSSELL: I think we are pretty clear in our intent here and we will follow
SEQRA.
TOWN ATTORNEY FINNEGAN: And the sale, this is just the first step declaring it ....
SUPERVISOR RUSSELL: Yes, there are quite a few steps in the process.
TOWN ATTORNEY FINNEGAN: A separate resolution just to go out to bid and get ....
MR. SCHWARTZ: So before you sell it, you are going to have a resolution saying that there
will be no impact, that it is not subject to SEQRA.
TOWN ATTORNEY FINNEGAN: If that is the determination.
MR. SCHWARTZ: But with all due respect, once you declare it surplus, then you are
prejudging the issue.
SUPERVISOR RUSSELL: No, I think SEQRA will ....
MR. SCHWARTZ: Alright, if you disagree, I respectfully, I don't believe, I think you're...
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SUPERVISOR RUSSELL: Well, we can declare it surplus and still find through SEQRA that
there is an impact and we can't offer it up for public referendum for sale.
MR. SCHWARTZ: That is called ....
SUPERVISOR RUSSELL: It is called process.
MR. SCHWARTZ: Partioning action. No ....
SUPERVISOR RUSSELL: No, it is not.
MR. SCHWARTZ: When you do an action, with all due respect, the SEQRA process is
supposed to, if you take an action, you are supposed to consider the whole action at one time, not
step by step, bit by bit. This is the first step, this is also ....
SUPERVISOR RUSSELL: That is exactly what that does.
MR. SCHWARTZ: Well, that is not what I learned in law school, okay? I got an A in that
course. Thank you.
Supervisor Russell
SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any issue?
(No response).
Motion To: Adjoum Town Board Meeting
RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:34
P.M.
EE,~abeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Albert Krupski Jr., Councilman
SECONDER: Vincent Orlando, Councilman
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell