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HomeMy WebLinkAboutTB-07/02/2013 ELIZABETH A. NEVILLE goFFOt,r Town Hall, 53095 Main Road TOWN CLERK ~oo~ ooos PO Box 1179 ~ ~ Southold, NY 11971 REGISTRAR OF VITAL STATISTICS o ~ Fax (631) 765-6145 MARRIAGE OFFICER y'~/of .~ao~ Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER ~ southoldtown.northfork.net FREEDOM OF IR(FORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING July 2, 2013 7:30 PM A Regulaz Meeting of the Southold Town Board was held Tuesday, July 2, 2013 at the Meeting Hall, Southold, NY. Call to Order 7:30 PM Meeting called to order on July 2, 2013 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title ' Status 'Arrived James Dinizio Jr Town of Southold Councilman Present William P. Ruland Town of Southold .Councilman Present Jill Doherty Town of Southold Councilwoman 'Present Christopher Talbot Town of Southold Councilman Present Louisa P. Evans Town of Southold Justice Present Scott A. Russell Town of Southold Supervisor Present Elizabeth A. Neville Town of Southold Town Clerk Present Jennifer Andaloro Town of Southold Assistant Town Attorney Present I. Resorts 1. Island Group Employee Health Care Plan 2. Justice William H. Price Jr. 3. Justice Louisa P. Evans 4. Zoning Board of Appeals II. Public Notices 1. NYS Liquor License Renewal 2. Application to Army Corps of Engineers 3. NYS Liquor License Application Page 1 July 2, 2013 Page 2 Southold Town Board Meeting III. Communications IV. Discussion 1. 9:00 Am -Heather Lanza, Phillip Beltz, Mark Terry & Don Wilcenski 2. 9:30 Am -Michael Collins, Jamie Richter, John Sepenoski 3. 9:45 Am -Michael Collins, Jamie Richter 4. 10:00 Am -Michael Collins, Jamie Richter, Peter Harris 5. 10:15 Am -Glynis Berry, Director of Peconic Green Growth 6. 10:45 Am -Jeff Standish 7. 11:00 Am -Jim Bunchuck 8. 11:30 Am -Melissa Spiro, Randy Parsons 9. Deer Fence Code 10. Long Island Sound Dredge Spoil Dumping 11. LL/Plum Island & Marine II Zoning 12. 12:30 Pm -John Cushman 13. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 1:45PM for the purpose of discussing the following matters: Labor Matters involving employment of Particular Persons Litieation• Norco, Ltd & Heritage at Cutchogue, LLC v. Town of Southold Town of Southold v. Rose's Vineyard, LLC and Joseph Paul Winery, Inc. d/b/a Vineyard 48 Town of Southold, et al. v. Metropolitan Transportation Authority, et al RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell July 2, 2013 Page 3 Southold Town Board Meeting 14. Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 2:44PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell 15. Motion To: Recess 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby Recess this 9:00 AM meeting of the Town Board at 2:44 PM until the Regular 7:30PM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER: Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell 16. EXECUTIVE SESSION -Labor 17. EXECUTIVE SESSION -Litigation 18. Motion To: Reconvenes 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby reconvenes the 9:00 AM meeting of the Southold Town Board at this 7:30PM Regular Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Scott A. Russell, Supervisor SECONDER: William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell Openine Comments Supervisor Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance. Thank you. Before we get to the regular meeting of the Southold Town Board, what I would like to do is call Detective Joseph Conway and his family up. We want to honor Joe for retiring afrer 28 years of service. On behalf of the entire Town Board: Whereas the Supervisor and the Town Board of the Town of Southold on behalf of its residents wishes to pay tribute to recently retired Detective Joseph A. Conway, Junior for his accomplishments and lasting contributions during his years with the Southold Town Police Department and whereas Joe began his association with the Southold Police Department in February of 1985 and retired in June of 2013, twenty eight years of service during which he served as a patrolman for twelve years and subsequently earned the July 2, 2013 Page 4 Southold Town Board Meeting rank of detective in March of 1997, serving in this capacity for the following sixteen years and whereas throughout his career Joe has protected the health and well-being of the community in which he lived in his capacity as Police Officer, Police Diver and as a Detective responsible for investigating hundreds of crimes over the span of sixteen years and whereas as a lifetime resident of Southold Town Joe is a part of the fabric of the community, actively serving as a firefighter, a coach of numerous youth sports programs and a dedicated and selfless family man who deserves the sincere thanks of those for whom he has made a difference for so many yeazs, now therefore be it resolved that the Town Boazd of the Town of Southold hereby congratulates Joseph A. Conway Jr. on his twenty-eight years of service to the Town of Southold and extends sincere best wishes for continued good health and happiness. Dated July 2, 2013 and this is signed by all the members of the Southold Town Board. Twenty eight yeazs, it seems like just yesterday me and my friends were praying you weren't working. Joe, I have known you very well for many years, you have been a fine detective and I know this Southold Board wishes you the best and we are sorry to see you go. Congratulations. Okay. I also want to recognize, there are some young men in the audience tonight from Boy Scout Troop 6 in Southold, I guess you aze here earning your citizenship badges this evening. And you are also here I think because you have an agenda item, the car show if I am not mistaken. Good to have you here tonight. Would anyone like to comment on any of the agenda items? (No response) Okay, we will get some work done and then take open comments. Special Presentation Joseph Conway V. Resolutions 2013-496 CATEGORY.• Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated Jul 2 2013. ? Vote Record -Resolution RES-2013-496 ~ Adopted ? Adopted as Amended Yes/Aye No/Nay Abstain Absent ? Defeated James Dinizio Jr Voter p ? ? ? ? Tabled William P. Ruland Voter ~ ? ? ? ? Withdrawn Jill Doherty Voter 8 ? ? ? ? Supervisor's Appt ? Tax Receiver's Appt Christopher Talbot Seconder 8 ? ? ? ? Rescinded Louisa P. Evans Mover ? ? 0 ? Town Clerk's App[ Scott A. Russell Voter D ? ? ? ? Supt Hgwys Appt ? No Action July 2, 2013 Page 5 Southold Town Board Meeting ? Lost 2013-497 CATEGORY: Set Meeting DEPARTMENT.• Town Clerk Set Next Regular Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesda ,Jul 16, 2013 at the Southold Town Hall, Southold, New York at 4:30 P.M.. ? Vote Record -Resolution RES20t3-097 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter ® ? ? ? ? Supervisor's Appt Wdham P. Ruland Voter 8 ? ? ? ? Tax Receiver's Appt Jill Doherty Voter m ? ? ? ? Rescinded Christopher Talbot Seconder ® ? ? ? ? Town Clerk's Appt Louisa P. Evans Mover ® ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2013-498 CATEGORY: Refund DEP.9RTMENT: Town Clerk Refund ofa Duplicate Disposal.Streker RESOLVED the Town Board of the Town of Southold hereby authorizes a refund of $15.00 to George J. McTague, 2130 Sigsbees Rd., Mattituck, NY 11952, for disposal permit #09938, as he already had urchased permit #06813 in 2012 for the same vehicle. ? Vote Record -Resolution RES-2013-098 D Adopted Yes/Aye NoMay Abstain Absent ? Adopted as Amended James Dinizio Jr Mover D ? ? ? ? Defeated William P. Ruland Voter D ? ? ? ? Tabled Jill Doherty Seconder ~ ? ? ? ? Withdrawn Christopher Talbot Voter ~ ? ? ? ? Supervisors Appt Louisa P. Evans Voter 8 ? ? ? ? Tax Receiver's Appt Scott A. Russell Voter ® ? ? ? July 2, 2013 Page 6 Southold Town Board Meeting ? Rescinded ? Town Clerk's Appt ? Supt Hgwys App[ ? No Action ? Lost 2013-499 CATEGORY.• Budget Modification DEPARTMENT.• Accounting Budget Modification for Animal Control Financial Impact: Animal Control budget is 529.81 short for NF Animal League contract RESOLVED that the Town Board of the Town of Southold hereby modifies the 2013 General Fund Whole Town budget as follows: From• A.1990.4.100.100 Unallocated Contingencies $30 Totals $30 To• A.3510.4.400.900 Animal Control $30 Totals $30 ~ Vote Record -Resolution RES2013-499 0 Adopted ? Adop[ed as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisor's Appt Wdliam P. Ruland Seconder D ? ? ? ? Tax Receiver's Appt Jill Doherty Mover ~ ? ? ? ? Rescinded Christopher Talbo[ Voler ~ ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter D ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter D ? ? ? ? No Action ? Lost 2013-500 CATEGORY.• Fmla July 2, 2013 Page 7 Southold Town Board Meeting DEPARTrI'JE:v'T: Accounting Grant FMLA Leave to a Town Employee RESOLVED that the Town Board of the Town of Southold hereby grants a leave of absence for up to 12 weeks to Employee #4488 effective July 8, 2013 pursuant to the Familv Medical Leave Act. ? Vote Record -Resolution RES2013-500 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 8 ? ? ? ? Supervisor's Appt William P. Ruland Mover B ? ? ? ? Tax Receivers Appt Jill Doherty 'Voter 0 ? ? ? ? Rescinded Christopher Talbot Voter ' 8 ? ? ? ? Town Clerk's App[ Louisa P. Evans Sewnder 8 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ' ? ? No Action ? Lost 2013-501 CATEGORY: Employment - FIFD DEPART.NENT.• Accounting Appoint Dlane Richmond Seasonal Clerk RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted June 17, 2013 that appoints Diane Richmond as a seasonal clerk. ? Vote Record -Resolution RES-2013-501 ~ Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter ~ ? ? ? ? Supervisor's Appt William P. Ruland Voter D ? ? ? ? Tax Receiver's App[ Jill Doherty Voter ~ ? ? ? ? Rescinded Christopher Talbol Seconder 8 ? ? ? ? Town Clerk's Appl Louisa P. Evans Mover 8 ? ? ? ? Supt Hgwys Appl Scott A. Russell Voter 8 ? ? ? ? No Action ? Lost July 2, 2013 Page 8 Southold Town Board Meeting 2013-502 CATEGORY.• Employment -FIFD DEPARTMENT.• Accounting Appoint Mary Ellen Marcotte Seasonal Deckhand RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted June 17, 2013 that appoints Mary Ellen Marcotte as a seasonal deckhand. ~ Vote Record -Resolution RES-2013-502 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter ~ ? ' ? ? ? Supervisor's Appt William P. Ruland Voter 0 ? ? ? ? Tax Receiver's Appt till Doherty Voter 0 ? ? ? ? Rescinded Christopher Talbot Mover 8 ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter ® ? ? ? ? No Action ? Lost 2013-503 CATEGORY: Employment -FIFD DEPARTMENT.• Accounting Appoint James Robertson Seasonal Deckhand & Seasonal Laborer RESOLVED that the Town Boazd of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted June 17, 2013 that appoints James Robertson as a seasonal deckhand and a seasonal laborer. Vo[e Record -Resolution RES-2013-503 D Adopted ? Adopted as Amended Yes/Aye No/Nay Abstain Absent ? Defeated James Dinizio Jr Mover ~ O ? ? ? Tabled William P. Ruland Seconder D ? ? ? ? Withdrawn Jill Doherty Voter 8 ? ? ? ? Supervisor's Appt Christopher Talbot Voter ' 0 ? ? ? ? Tax Receiver's App[ Louisa P. Evans Voter 8 ? ? ? ? Rescinded Scat[ A. Russell Voter 0 ? ? ? ? Town Clerk's App[ ? Supt Hgwys Appt July 2, 2013 Page 9 Southold Town Boazd Meeting ? No Action ? Lost 2013-504 CATEGORY.• Employment -FIFD DEPARTMENT: Accounting Accepts Resignation of Marshall H Smith RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted June 17, 2013 that accepts the resignation effective May 14, 2013 of Mazshall H. Smith, Part Time Deckhand, for the Fishers Island Ferry District. ? Vote Record -Resolution RES2013-504 ® Adopted ? Adopted as Amended ? Defeated Yes/Aye Na/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 8 ? ? ? ? Withdrawn William P. Ruland 'Seconder 8 ? ? ? ? Supervisor's Appt ? Tax Receiver's Appt till Doherty Mover 0 ? ? ? ? Rescinded Christopher Talbot 'Voter 0 ? ' ? ' ? ? Town Clerk's Appt Louisa P. Evans Voter 0 ? ' ? ? ? Sup[ Hgwys Appt Scott A. Russell Voter ~ ? ' ? ? ? No Action ? Los[ 2013-505 CATEGORY: Employment -FIFD DEPARTMENT: Accounting Accepts Resignation of Melissa C. Doucette RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted June 17, 2013 that accepts the resignation effective June 28, 2013 of Melissa C. Doucette, Part Time Clerk, for the Fishers Island Ferry District. ? Vote Record -Resolution RES-2013-505 8 Adopted Yes/Aye No/Nay Abstain Absent ? Adopled as Amended James Dinizio Jr Voter 8 ? ? ? ? Defeated William P. Ruland Mover 8 ? ? ? July 2, 2013 Page 10 Southold Town Board Meeting ? Tabled Jill Doherty Voter ~ ? ? ? ? Withdmwn Christopher Talbot Voter 0 ? ? ? ? Supervisor's Appt Louisa P. Evans Seconder 0 ? ? ' ? ? Tax Receiver's Appt Scott A. Russell Voter 8 ? ? ' ? ? Rescinded ? Town Clerk's Appt ? Sup[ Hgwys App[ ? No Action ? Lost 2013-506 CATEGORY.• Employment -Town DEPARTMENT.• Accounting Authorizes PT Minibus Driver Donna Skrezec WHEREAS full-time employee # 4488 in the Town's Programs for the Aging is expected to be out of work for approximately 4 weeks and WHEREAS the Town Board has detelmined that the Town's Programs for the Aging requires full-time coverage, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes Part-Time Mini Bus Driver Donna M. Skrezec to work full-time as needed to cover this absence starting on Jul 8, 2013; rate of a at Ms. Skrezec's existing rate of $16.93 er hour. ? Vote Record -Resolution RES-2013-506 8 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled - - ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisor's App[ William P. Ruland Voter ~ ? ? ? ? Tax Receiver's Appt Jill Doherty Voter ~ ? ? ? ? Rescinded Christopher Talbot Seconder ~ ? ? ? ? Town Clerk's Appt Louisa P. Evans Mover D ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter D ? ? ? ? No Action ? Lost 2013-507 C9TEGORY: Employment -Town July 2, 2013 Page I 1 Southold Town Board Meeting DEPARTMENT: Accounting Grant FMLA Leave to a Town Employee RESOLVED that the Town Board of the Town of Southold hereby grants a leave of absence for up to 12 weeks to Employee #4273 effective June 24, 2013 Dursuant to the Family Medical Leave Act. ? Vote Record -Resolution RES2013-507 8 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisor's Appt William P. Ruland Voter 0 ? ? ? ? Tax Receiver's Appt Jill Doherty Voter 0 ? ? ? ? Rescinded Christopher Talbot Mover 0 ? ' ? ' ? ? Town Clerk's Appt Louisa P. Evans Seconder 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell ! Voter 0 ' ? ' ? ' ? ? No Action ? Los[ 2013-508 CATEGORY.• Employment -Town DEPARTMENT.' Accounting Create and Set Salary Scale Code Enforcement Officer RESOLVED that the Town Board of the Town of Southold hereby creates the position of Code Enforcement Officer and establishes the annual rate of nay for Code Enforcement Officer as follows: Effective Date / Entry Step Level 1 2 3 4 5 January 1, 2012 $47,478.74 $50,917.38 $52,292.56 $54,149.08 $55,524.17 $58,962.26 ? Vote Retard -Resolution RES-2013-508 ~ Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended ? Defeated James Dinizio Jr Mover 8 ? ? ? ? Tabled Wdham P. Ruland Voter D ? ? ? ? Withdrawn Jill Doherty Voter ? ? 8 ? ? Supervisor's Appt Christopher Talbot Seconder ~ ? ? ? ? Tax Receiver's App[ Louisa P. Evans Voter 8 ? ? ? ? Rescinded Scot[ A. Russell Voter ~ ? ? ? July 2, 2013 Page 12 Southold Town Board Meeting ? Town Clerk's Appt ? Supt Hgwys App[ ? No Action ? Los[ 2013-509 CATEGORY.• Affordable Housing DEPARTMENT: Town Clerk Affordable Housing Unit Prices RESOLVED that the Town Board of the Town of Southold hereby sets the maximum initial sales price and maximum allowable monthly rent for 2013 for affordable housin¢ units as follows: Home Purchase Price Mav Not Exceed Households earning 80% or less of the HUD median income for Nassau/Suffolk $211,750* Households earning 100% or less of the HUD median income for Nassau/Suffolk $264,750** *2.5 times the 80% median income family of four - Nassau/Suffolk County ($84,700) * *2.5 times the 100% median income family of four - Nassau/Suffolk County ($105,900) Monthly Rental Amounts Mav Not Exceed (utilities not be included) Efficiency $ 941*** One Bedroom $ 1008*** Two Bedroom $ 1210*** Three Bedroom $ 1397*** Four Bedroom $ 1558*** re resents Nassau/Suffolk Low Home Rent Limit ~ Vote Record -Resolution RES2013-509 8 Adopted - - Yes/Aye No/Nay Abstain Absent ? Adopted as Amended ? Defeated lames Dinizio Jr Voter 8 ? ? ? ? Tabled William P. Ruland Seconder 0 ? ? ? ? Withdrawn Jill Doherty Mover ~ ? ? ? July 2, 2013 Page 13 Southold Town Board Meeting ? Supervisor's Appt Christopher Talbot Voter ~ ? ? ? ? Tax Receiver's Appt Louisa P. Evans Voter 0 ? ? ? ? Rescinded Scott A. Russell Voter ' m ? ? ? ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action ? Los[ 2013-510 CATEGORY.• Affordable Housing DEPARTMENT.• Town Clerk Moderate Income Family Dwelling RESOLVED that pursuant to Chapter 240-10-B(2)(c)[2] [a] of the Town Code, the Town Board of the Town of Southold hereby sets $211,800 as the amount of payment required per housine unit for Moderate Income Family Dwelline Units not built within the Town of Southold's inclusionarv zonine requirements. Said amount reflects two times the Nassau/Suffolk median income for a family of four in accordance with the Lone Island Workforce Housin Act. ~ Vote Rceord - Resolu[ioo RES2013-510 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Vo[er 0 ? ? ? ? Supervisor's Appt William P. Ruland Mover 0 ? ? ? ? Tax Receiver's Appt Jill Doherty Voter 8 ? ? ? ? Rescinded Christopher Talbot Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder 0 ? ? ? ? Sup[ Hgwys Appt Scot[ A. Russell Voter ~ ? ? ? ? No Action ? Lost 2013-511 C9TEGORY.• Affordable Housing DEPARTMENT: Town Attorney 720 Cottage Way/Extend Prepossession July 2, 2013 Page 14 Southold Town Board Meeting RESOLVED that the Town Boazd of the Town of Southold hereby extends the approval of the short-term Prepossession Agreement between the buyer and seller of the property located at 720 Cotta e Wa , Mattituck, endin the scheduled closing within the next 60 days. Vote Record -Resolution RES2013-511 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 0 ? ? ' ? ? Supervisor's App[ Wdliam P. Ruland .Voter ® ? ? ? ? Tax Receiver's Appt Jill Doherty Voter 0 ? ? ? ? Rescinded Christopher Talbot Seconder ~ ? ? ? ? Town Clerk's Appt Louisa P. Evans 'Mover 0 ' ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ' ? ? No Action ? Los[ 2013-512 CATEGORY: Employment -Town DEPARTMENT.• Accounting Appoint Auristhela Reinen FT Senior Citizen Alde II RESOLVED that the Town Board of the Town of Southold hereby aapoints Auristhela Reinen to the position of full time Senior Citizen Aide II for the Human Resource Center, effective Jul 15, 2013 at a rate of $34,107.79 er year. ~ Vote Record -Resolution RES-2013-512 ® Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter D ? ? ? ? Supervisor's Appt William P. Ruland Voter 0 ? ? ? ? Tax Receiver's Appt Jill Doherty Voter ~ ? ? ? ? Rescinded Christopher Talbot Mover ~ ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder D ? ? ? ? Supt Hgwys Appt Scot[ A. Russell Votcr D ? ? ? ? No Action ? Lost 2013-513 July 2, 2013 Page 15 Southold Town Board Meeting CATEGORI:• Public Service DEPARTMENT: Town Attorney Sea Tow Foundation/Life Jacket Loaner Program WHEREAS, the Sea Tow Foundation has received grant funding from the U.S. Coast Guard for the purpose of providing life jackets to the boating public through a Life Jacket Loaner Program; and WHEREAS, the Sea Tow Foundation has requested permission from the Town Board of the Town of Southold to utilize an area at Gull Pond and Founder's Landing to install a life jacket stand to implement its Life Jacket Loaner Program; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby grants permission to Sea Tow Foundation to install the Life Jacket Stands at Gull Pond and Founder's Landing; and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to execute any and all documents in connection therewith. ~ Vote Record -Resolution RES-2013-513 m Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absen[ ? Tabled ? Withdrawn James Dinizio Jr Mover D ? ? ? ? Supervisor's Appt Wdham P. Ruland 'Voter D ? ? ? ? Tax Receiver's App[ Jill Doherty Vo[er ~ ? ? ? ? Rescinded Christopher Talbo[ Voter ~ ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder ~ ? ? ? ? Supt Hgwys App[ Scott A. Russell 'Voter ~ ? ? ? ? No Action ? Lost 2013-514 CATEGORY: Public Service DEPARTMEN7i Town Clerk For Love of Family Fireworks on July 5, 2013 RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a fireworks permit by the Town Clerk's Office to the Love of Family LLC, upon the payment of a single fee of $100 and subject to the applicant's compliance with the requirements of the Town's policy regarding the issuance of fireworks permits and subject to the approval of the Town Attorney and the Town's Fire Inspector. July 2, 2013 Page I6 Southold Town Board Meeting ~ Vote Record - Resoluton RES2013-514 8 Adopted ? Adopted as Amended ? Defeated y¢s/Aye No/IVay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 0 ? ' ? ? ? Supervisor's Appt Wdham P. Ruland Seconder 0 ? ? ? ? Tax Receiver's Appt Jill Doherty Mover 0 ' ? ? ? ? Rescinded Christopher Talbot Voter ' 8 ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter ' 0 ? ? O ? No Action ? Lost 2013-515 CATEGORY.• Special Events DEPARTMENT: Town Clerk Grant Permission to Boy Scouts Troop 6 to Hold Its Annual Boys Scout Car Show on Saturday, August 31, 2013 Financial Impact: Cost Analysis: $131.68 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Boy Scouts Troop 6 to hold its 24th Annual Boys Scout Antique Car Show on Saturday, Saturday, August 31, 2013 (rain date September 1) from 9:00 AM to 5:00 PM at the Peconic Lane Community Center, Peconic Lane, Peconic, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and comply with all the provisions of the Town's Special Permit Policy. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads and facilities. All fees associated with this a royal shall be waived. Vote Record -Resolution RES-2013-515 ~ Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn lames Dinizio Jr Voter ~ ? ? ? ? Supervisor's Appt William P. Ruland Mover 8 ? ? ? ? Tax Receiver's Appt Jill Doherty Voter 8 ? ? ? O Rescinded Christopher Talbot Voter ' 8 ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder 8 ? ? ? ? Supt Hgwys Appt Scot[ A. Russell Voter 0 ? ? ? ? No Action ? Lost July 2, 2013 Page 17 Southold Town Board Meeting 2013-516 CATEGORY: Bid Acceptance DEPARTMENT: Solid Waste Management District Grinder "Hog Box" Repair Financial Impact CBI is a "sole source"provider for this work. RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of CBI to repair the "Hog Box" on the Solid Waste District's CBI 3000 Wood Waste Grinder at a cost not to exceed $45,609, plus transportation of the grinder to New Hampshire, as provided by CBI in their estimate of June 14, 2013, all in accordance with the Town Attorney. ~ Vote Record -Resolution RES-2013-516 ® Adopted ? Adopted as Amended ? Defeated Yes/Aye No/IVay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter ' D ? ? ? ? Supervisor's App[ William P. Ruland 'Seconder ~ ? ? ? ? Tax Receiver's Appt Jill Doherty ' Voter 8 ? ? ? ? Rescinded Christopher Talbot Voter 8 ' ? ' ? ? ? Town Clerk's Appt Louisa P. Evans Mover ' 8 ? ? ? ? Sup[ Hgwys Appt Scott A. Russell Voter ' B ? ? ? ? No Action ? Lost 2013-517 CATEGORY.• Contracts, Lease & Agreements DEPARTMENT: Town Attorney Operation Shield Contract W/SC Sheriff's Office RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and the County of Suffolk, acting through its duly constituted Sheriff s Office, in connection with the NYS Office of Homeland Security Grant Program regarding grant funds in the sum of $135,000.00 for Operation Shield administered by the Suffolk County Sheriff s Office in partnership with the East End Marine Task Force, for the term commencing on June 1, 2013 and endin on June 30, 2014, sub~ect to the a proval of the Town Attorney. ~ Vote Record -Resolution RES-2013-517 ~ Adopted Yes/Aye No/Nay Abstain Absent July 2, 2013 Page 18 Southold Town Board Meeting ? Adopted as Amended James Diniziu Jr Voter 8 ? ? ? ? Defeated William P. Ruland Voter ' 0 ? ? ? ? Tabled Jill Doherty Voter 0 ' ? ? ? ? Withdrawn Christopher Talbot Mover 8 ' ? ' ? ' ? ? Supervisor's Appt Louisa P. Evans ' Seconder 8 ' ? ? ' ? ? Tax Receiver's Appt Scott A. Russell Voter B ? ' ? ? ? Rescinded ? Town Clerk's Appt ? Supt Hgwys App[ ? No Action ? Los[ 2013-518 CATEGORY: Employment -FIFD DEPARTMENT.• Accounting Appoint Heather Stone PT Captain RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted July 1, 2013 that appoints Heather Stone as a art time Ca tain in addition to her part time Deckhand duties. ? Vote Reeord -Resolution RES2013-518 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye NoMay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Mover D ? ? ? ? Supervisor's App[ William P. Ruland Voter D ? ? ? ? Tax Receiver's App[ Jill Doherty Voter ~ ? ? ? ? Rescinded Christopher Talbot Voter D ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder D ? ? ? ? Sup[ Hgwys Appt Scott A. Russell Voter D ? ? ? ? No Action ? Lost 2013-519 CATEGORY: Employment -FIFD DEPARTMENT: Accounting Appoint Grant Pezzolesi Seasonal Deckhand RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the July 2, 2013 Page 19 Southold Town Board Meeting resolution of the Fisher Island Ferry District adopted July 1, 2013 that appoints Grant Pezzolesi as a seasonal deckhand. ~ Vote Record -Resolution RES2013-519 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/IYay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter ' ® ? ? ? ? Supervisor's Appt Wdham P. Ruland Seconder 0 ? ? ? ? Tax Receiver's Appt Jill Doherty Mover B ? ? ? ? Rescinded Christopher Talbot Voter D ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter D ? ? ? ? Supt Hgwys Appt Scott A. Russell .Voter 0 ? ' ? ? ? No Action ? Lost 2013-520 CATEGORY.• Budget Modification DEPARTMENT.• Fishers Island Ferry District 2013 FIFD Budget Modification Financial Impact: To cover over expenditures RESOLVED that the Town Boazd of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated July 1, 2013, which reads as follows: RESOLVED that the Commissioners of the Fishers Island Ferry District hereby amend the 2013 Fishers Island Ferry District budget as follows: Decrease Appropriations SM.5710.4.000.975 Waste Management $8,000 SM.1310.4.000.000 Accounting/Finance 10,000 SM.5709.2.000.100 Repairs, Rental Buildings 6,000 SM.5710.4.000.600 Janitorial Supplies 2,500 SM.5710.4.000.925 Waste Management 1,500 SM.5710.4.000.950 Training/Education 6,000 Total $ 34,500 Decrease Revenues SM.5990.00 Appropriated Fund Balance $ 17,800 Total $ 52300 Increase Appropriations SM.5710.2.000.200 Repairs, Race Point $52,300 July 2, 2013 Page 20 Southold Town Board Meeting Total $52,300 ~ Vote Record -Resolution RES-2013-520 8 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisor's Appt William P. Auland Mover ® ' ? ' ? ? ? Taz Receiver's Appt Jill Doherty Voter ' 0 ' ? ? ? ? Rescinded Christopher Talbot Seconder ® ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter ' ® ? ? ? ? Supt Hgwys Appt Scott A. Russell ' Voter ® ' ? ? ? ? No Action ? Lost 2013-521 CATEGORY: Local Law Public Hearing DEPARTMENT.• Town Attorney PH 8/13/13 @ 4:32 PMLL/Plum Isl & Marine II Zoning WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 2"d day of July, 2013, a Local Law entitled "A Local Law in relation to the Marine (II) District and Plum Island Zoning" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 13tH day of August, 2013, at 4:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled "A Local Law in relation to the Marine (II) District and Plum Island Zoning" reads as follows: LOCAL LAW NO. 2013 A Local Law entitled "A Local Law in relation to the Marine (ID District and Plum Island Zoning". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to create and establish zoning? districts on Plum Island and to establish standards for certain uses in the Marine II District to maintain access to the Island The July 2, 2013 Page 21 Southold Town Board Meeting Plum Island Research District is intended to encourage the use of the island for research and educational opportunities and provide qualit~plovment opportunities and to preserve Plum Island's reg'onally significant natural historic and scenic resources. The purpose of the Plum Island Conservation District is intended to preserve the integrity of the re ig'onally significant natural historic and scenic resources of Plum Island. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. DeSnitions. IMPERVIOUS SURFACE -Impervious surfaces include all azeas where the ground is covered by a surface that interrupts or prevents rain from falling directly to the ground and percolating into the groundwater, including but not limited to: roads, driveways parking lots other pavement, buildings, and concrete pads. FERRY SERVICE -Passenger or auto/vehicle fem using a single dock. If more than one dock is present, it shall constitute a separate and individual ferry service. ARTICLE XIII Marine II (MII) District §280-55. Use regulations. B. Uses permitted by special exception by the Boazd of Appeals. The following uses aze permitted as a special exception by the Board of Appeals, as hereinafrer provided, subject to site plan approval by the Planning Boazd. ~2) Ferry terminals which meet the following standazds: (a) A ferry terminal shall have at least ten acres of buildable land in the MII Zone dedicated to each ferry service provided. (b) A ferry terminal shall have a staging azea for motor vehicles that enter an auto/vehicle ferry. The size of the staging area must accommodate the maximum number of cars queuing for the largest boat(s) and the busiest proposed schedule (a ferry service with no auto/vehicle ferry will not require a staging area). A ferry terminal shall have a parking azea for passengers (provide one parking space per two passengers), calculated in the following manner: (i) Parking for passenger ferrv(s) will be calculated by multiplying the capacity of the passenger ferrv(s) by the maximum number of ferry trams per day, divided by two. (ii) Parking for auto/vehicle ferrv(s) will be calculated by multiplying the passenger capacity of the auto/vehicle ferrv(s) by 10% the product of which shall be multiplied by the maximum number of ferr~ps per day, then divided by two. July 2, 2013 Page 22 Southold Town Board Meeting (d) The standards set forth in this Section shall only apply to ferry terminals for which a site plan application was submitted after the effective date of this local law. Article XXXI Plum Island Research District (PIR) &280-182. Purpose. The purpose of the Plum Island Research District is to encourage the use of land for reseazch and educational opportunities, provide quality employment opportunities and to preserve Plum Island's reg'onally significant natural, historic, scenic and cultural resources. &280-183. Use regulations. In the PIR District no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part for any pumose except the following: A. Permitted uses. The following uses are permitted uses and are subiect to site plan approval by the Plannin Bg oard: (1) Research laboratories with multiple buildings allowed in a campus-style development, subiect to the following conditions: (a) The use shall not involve the handling, storage or discharge of explosives. (b) No offensive noises, gases, fumes, smoke, odors, dust, effluent or vibrations shall emanate from such use and no waste products shall be dischazged therefrom of a character to create a nuisance or to be iniurious to health or to negatively impact surface or groundwater. (c) All sewage will be treated by a sewage treatment plant or similaz sewage treatment. (2) Educational facilities, with multiple buildines allowed in a campus-style development. All sewage will be treated by a sewage treatment plant or similar sewage treatment. (3) Museums housed in a designated historic landmark. All sewage will be treated by a sewage treatment plant or similar. B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board• (1) Solar energy generation in excess of that needed to provide power to permitted uses C. Accessory uses. The following uses are permitted as accessory uses: (1) Any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter; July 2, 2013 Page 23 Southold Town Board Meeting (2) Sleeping quarters, apartments or dormitories providing accommodations solely for personnel associated with permitted or special exception uses set forth in §280-182(A) and §280-182(B); (3) Cafeteria for personnel associated with permitted or special exception uses set forth in &280-182(A) and 6280-182(B); (4) Infrastructure necessary to the operation of the permitted or special exception uses set forth in 6280-182(A) and 6280-182(B), limited to roads sewer system water storage and waterpipelines and utility lines• (5) The existing hazbor and ferry facility for transportation by boat to and from the Island. D. Additional Standazds: All uses in this District shall be subject to the following_ Vegetation shall not be disturbed. Where noxious or invasive plants are overtaking native fauna or where vegetation must be disturbed in conjunction with a permitted use an application may be made to the Planning Board for an approval to remove ve etg ation The application shall include: 1. a plan indicating the types of vegetation present the vegetation to be removed and a reveeetation plan (if any), using_plant species listed in the Southold Town Planning Board's Native/Natural Buffer Plantings list of recommended native lp ant5; 2. an application fee of $100: 3. The Planning Board shall render a written determination within 30 days of receiQt of a complete application stating the reason therefor and advising the applicant of the right to appeal; and 4. The Town Board shall heaz appeals or shall designate a person or body to heaz appeals regarding a denial under this Section Anv person whose application to remove vegetation is denied, may appeal within 30 days of a denial. &280-184. Bulk, area and parking regulations. No buildin~or premises shall be used and no building or part thereof shall be erected or altered in the Plum Island Research District unless the same conforms to the Bulk Schedule and Pazkin and Loading Schedules incoroorated into this chapter by reference with the same force and effect as if such regulations were set forth herein in full. PIR Bulk Schedule: (to be placed in new Appendix) Minimum Lot Size: 125 acres Uses: Multiple uses and buildings are allowed on a single parcel the number of which are limited only by lot coverage Lot Coverage: 20% of buildable land except that solar energy installations may exceed this limit up to a total of 50% lot coverage Building Height (ft.): 35 Number of Stories: 2 July 2, 2013 Page 24 Southold Town Board Meeting Setback from property line (ft.): 30 Landscape area: 30% 5280-185. Setbacks. New structures and impervious surfaces shall be set back at least 300' from the shoreline and wetlands. Article XXXII Plum Island Conservation District (PICT &280-186. Purpose. The pumose of the Plum Island Conservation District is to preserve the integrity of the re Tonally significant natural, scenic and historic resources of Plum Island for the benefit of the residents of the Town of Southold. &280-187. Use reeulations. In the Plum Island Conservation District no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used in whole or in part for any pumose except the following A. Permitted uses. The following uses are permitted uses and aze subject to site plan approval by the Planning Board: (1) Nature preserve (2) Public park (3) Educational facility related to the study of natural resources conservation All sewage will be treated by a sewage treatment plant or similaz sewaee treatment (4) Museums, housed in existine designated historic landmark All sewage will be treated by a sewaee treatment plant or similar sewage treatment B. Uses permitted by special exception of the Board of Appeals The following uses are permitted as a special exception by the Boazd of Appeals as hereinafter provided and subject to site plan approval by the Planning Boazd• (1) Solaz energy veneration in excess of that needed to provide power to permitted uses. C. Accessory uses. The Following uses are permitted as accessory uses• (1) Any customary structures or uses which are customarily incidental to the rp incipal use, except those prohibited by this chapter (2) Sleeping quarters, apartments or dormitories providing accommodations solely for personnel associated with the permitted or special exception uses set forth in §280-187(A) and &280-187(B). D. Additional Standards: All uses in this District shall be subject to the following• Vegetation shall not be disturbed Where noxious or invasive plants aze overtaking native fauna or where vegetation must be disturbed in conjunction with a permitted use July 2, 2013 Page 25 Southold Town Board Meeting an application may be made to the Plannine Boazd for an approval to remove ve elation The application shall include: 1. a plan indicatin¢ the types of vegetation present, the vegetation to be removed and a reveQetation plan (if any), usingplant species listed in the Southold Town Planning Boazd's Native/Natural Buffer Plantings list of recommended native lp ants; 2. an application fee of $100; 3. The Planning Board shall render a written determination within 30 davs of receipt of a complete application stating the reason therefor and advisin tg he applicant of the right to appeal; and 4. The Town Board shall hear appeals or shall designate a person or body to hear appeals regarding a denial under this Section. Anyperson whose application to remove vegetation is denied, may appeal within 30 davs of a denial. &280-188. Bulk, area and parkin¢ reeulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the Plum Island Conservation District unless the same conforms to the Bulk Schedule and Pazkine and Loading Schedules incoroorated into this chapter by reference with the same force and effect as if such reeulations were set forth herein in full. Editor's Note ~ 1 he Bulk Schedule is included at the end ofthis chatter and the Parking and Loadnnf> Schedules are in 280-78 and 280-79. Plum Island Conservation District Bulk Schedule: (to be placed in a new Appendix) Minimum Lot Size: 350 acres Uses: Multiple uses and buildings are allowed on a single pazcel the number of which aze limited only by lot coverage Lot Coverage: 2% of buildable land, except that solar enerev installations may exceed this limit up to a total of 20% lot coverage. Impervious surface: 5% of buildable land, except that solar energy installations may exceed this limit up to a total of 20% impervious surface. Building height (ft.): 35 Number of stories: 2 Setback from property line (ft.): 30 &280-189. Setbacks. New structures and impervious surfaces shall be set back at least 300' from the shoreline and wetlands. III. SEVERABILITY If any clause, sentence, paragraph, section, or part ofthis Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity ofthis law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. July 2, 2013 Page 26 Southold Town Board Meeting IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as rovided b law. ~ Vote Record -Resolution RES2013-521 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye ' NoMay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 8 ' ? ? ? ?Supervisor's Appt William P. Ruland 'Seconder 0 ? ? ? ? Taz Receivers Appt Jill Doherty Voter 8 ? ? ? ? Rescinded Christopher Talbot Voter 0 ? ' ? ? ? Town Clerk's Appt Louisa P. Evans Mover 0 ' ? ? ? ? Sup[ Hgwys Appt Scot[ A. Russell Voter 0 ' ? ' ? ? ? No Action ? Lost 2013-522 CATEGORY.• Legislation DEPARTMENT: Town Attorney LL/Plum Isl & Marine II Zoning to SCPC & PB RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to the Marine (II) District and Plum Island Zoning" to the Southold Town Planning Board and the Suffolk County De artment of Plannin for their recommendations and re orts. ~ Vote Record -Resolution RES2013-522 ~ Adopted ? Adopted as Amended ? Defeated Yes/Aye NoMay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter ~ ? ? ? ? Supervisor's App[ William P. Ruland Voter 0 ? ? p ? Tax Receiver's Appt Jill Doherrv Voter 8 ? ? ? ? Rescinded Chns[opher'~albot Mover 8 ' ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder 8 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 8 ? ? ? ? No Action ? Lost July 2, 2013 Page 27 Southold Town Boazd Meeting 2013-523 C9TECORY.• Employment -Town DEPARTMENT.• Accounting Hire Seasonal Summer Employee RESOLVED that the Town Board of the Town of Southold hereby appoints the following individual as a lifeguazd for the 2013 summer season, July 3 -September 2 as follows: STILLWATER LIFEGUARD HOURLY SALARY Tomasz Filipkowski (2nd yeaz) $12.44 MatthewHallock 4th ear) $12.99 ? Vote Record - Resolution RES2013-52i ® Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withd2wn James Dinizio Jr Mover 8 ' ? ? ' ? ? Supervisor's Appt William P. Ruland Voter 8 ? ? ? ? Tax Receiver's App[ ]ill Doherty Voter 0 ' ? ? ' ? ? Rescinded Christopher Talbot Seconder ~ ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter ' 8 ? ? ? ? Supt Hgwys Appt Scot[ A. Russell Voter D ? ? ' ? ? No Ac[ion ? Los[ 2013-524 CATEGORY: Budget Modification DEPARTMENT.• Public Works Cutchogue Municipal Parking Lo[ - Terp Financial Impact: From Goldsmith Inlet Dredging Project to re-surfacing the Cutchogue Municipal Parking Lol RESOLVED that the Town Board of the Town of Southold hereby modifies the 2013 General Fund Whole Town Budget as follows: From: A.1620.4.400.300 Goldsmith Inlet Dredging $11,000 To: A.5650.4.100.905 Off Street Parking Lot $11,000 Asphalt July 2, 2013 Page 28 Southold Town Board Meeting ~ Vote Record - Resolution RES-2013-524 B Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abs[sin Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisor's Appt William P. Ruland Seconder 8 ? ' ? ? ? Tax Receiver's Appt Jill Doherty Mover D ? ? ? ? Rescinded Christopher Talbot Voter ' D ? ? ? ? Town Clerk's App[ Louisa P. Evans Voter 0 ? ? ? ? Supt Hgwys App[ Scot[ A. Russell 'Voter 0 ? ? p ? No Action ? Lost 2013-525 CATEGORY.• Contracts, Lease & Agreements DEPARTMENT: Town Attorney MOA W/CSEA -Debris Cleanup Following Hurricanes RESOLVED that the Town Board of the Town of Southold hereby approves the Memorandum of Agreement between the Town of Southold and the CSEA dated June 24, 2013, concerning cleanu of debris followin Hurricane Irene and Su erstorm Sandy. ~ Vote Record -Resolution RES-2013-525 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisor's Appt William P. Ruland Mover 8 ? ? ? ? Tax Receiver's App[ Jill Doherty Voter ~ ? ? ? ? Rescinded Christopher Talbot Voter ~ ? ? ? ? Town Clerk's App[ Louisa P. Evans Seconder D ? ? ? ? Sup[ Hgwys App[ Scott A. Russell .Voter D ? ? ? ? No Action ? Lost 2013-526 CATEGORY.• Contracts, Lease & Agreements DF.PARTMF.NT: Town Attorney Agreement W/CSEA - SC DOL Szrmmer Works Program July 2, 2013 Page 29 Southold Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Agreement between the Town of Southold and the CSEA dated June 24, 2013, concerning utilization of the Suffolk County De artment of Labor Works Pro ram. ~ Vote Record -Resolution RES2013-526 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye NoMay Abstain Absent ? Tabled ? Withdrown James Dinizio Jr Voter ® ? ? ? ? Supervisor's Appt William P. Roland Voter ® ? ? ? ? Tax Receiver's Appt Jill Doherty 'Voter ' 0 ? ? ? ? Rescinded Christopher Talbot Seconder 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans ' Mover ' 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter ® ' ? ' ? ? ? No Action ? Lost 2013-527 CATEGORY: Contracts, Lease & Agreements DEPARTMEiVT.• Town Attorney Letter of Intent/FEMA -Hazard Mitig. Grant Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to submit a Letter of Intent on behalf of the Town to the Federal Emergency Management Agency to preserve the Town's option to apply for Hazard Mitigation Grant Program matchin funds, subject to the a royal of the Town Attorney. ~ Vote Record -Resolution RES-2013-527 m Adopted ? Adopted as Amended ? Defeated Yes/Aye NoMay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Mover 0 ? ? ? ? Supervisor's Appt William P. Ruland Voter 0 ? ? ? ? Tax Receiver's Appl Jill Doherty Voter 8 ? ? ? ? Rescinded Christopher Talbot Mover ~ ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder 8 ? ? ? ? Sup[ ligwys Appt Scot[ A. Russell Voter ~ ? ? ? ? No Action ? Lost July 2, 2013 Page 30 Southold Town Board Meeting 2013-528 CATEGORY.• Contracts, Lease & Agreements DEPARTMENT: Town Attorney Peconic Estuary IMA W/Municipalities RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute anInter-Municipal Agreement with the County of Suffolk, the Town of East Hampton, the Town of Riverhead, the Town of Shelter Island, the Town of Southampton, the Town of Brookhaven, the Village of Dering Harbor, the Village of Greenport, the Village of North Haven, the Village of Sag Harbor and the New York State Department of Transportation for the purpose of working together in order to facilitate efforts to improve the Peconic Estuary, subject to the approval of the Town Attorney and the Town Boazd's a royal of any fundin re uired. ~ Vote Record - Resolufion RES2013-528 0 Adopted ? Adopted as Amended ? Defeated I Yes/Aye NoMay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Mover 8 ? ? ? ? Supervisor's Appt William P. Ruland ' Voter B ' ? ? ? ? Tax Receiver's Appt Jill Doherty Seconder 8 ' ? ' ? ? ? Rescinded Christopher Talbot Voter 8 ? ? ' ? ? Town Clerk's Appt Louisa P. Evans Voter ~ ? ? ? ? Supt Hgwys App[ Scotl A. Russell Voter ~ ? ? ' ? ? No Ac[ion ? Lost Closine Comments Supervisor Russell SUPERVISOR RUSSELL: That completes the agenda. Would anyone like to address the Town Board on any issue? Please feel free. Bill Shipman BILL SHIPMAN: Bill Shipman, Horseshoe Drive, Cutchogue. At the June 4`h Town Board meeting I had asked a couple of questions and Scott, you told me to call the office so on June 6`h I sent you an email. Prior to you responding to that on June 7`h, I gave your office a call regarding the tents that went up at Vineyard 48 so last night Ms. Moore informed us that the New York State building code supersedes the town building code, regarding the tents. July 2, 2013 Page 31 Southold Town Board Meeting SUPERVISOR RUSSELL: I don't believe, that may be a legal azgument that she is offering but Southold Town has always believed canopies and tents in the same collective. In other words, we would, it is our position that those tents are not permitted and shouldn't be there. MR. SHIPMAN: Have they been cited for the last three weeks regazding those? SUPERVISOR RUSSELL: I can't speak to that. Jen, do you have any insight as to what the building department is doing there? ASSISTANT TOWN ATTORNEY ANDALORO: Inaudible. SUPERVISOR RUSSELL: They were cited for it, I don't know what the building inspectors.. MR. SHIPMAN: Yeah, I believe they were cited on the 8`h, right? I just want to know why they are not continuously cited, when they are having those events, without complaints. This is a long standing complaint that I have been in front of the Board with... SUPERVISOR RUSSELL: We are aware of it, the judges aze awaze of it. Everybody is awaze of it... MR. SHIPMAN: I know everybody is aware of it, I am really tired of hearing that we aze aware of this. ASSISTANT TOWN ATTORNEY ANDALORO: I believe that our enforcement section of the code allows for the allotment of fines and penalties per day of violation as well. MR. SHIPMAN: Okay, so the stuff I have been asking over the last two and a half yeazs, is this stuff happening? Are they being cited and when I ask these questions, I am told that you will get back to me. June 14a' I sent you another email and you asked me to call the office, I called the office on June 19`h and I am not trying to be... SUPERVISOR RUSSELL: The town's position is that this shouldn't be there, the town's position is they shouldn't be there. they were violated for that, now it will be up to a judge to determine they are tents or canopies and if they are tents, based on our legal interpretation, then they will be cited and the fine will be commensurate with the offense. They are a cumulative offense, so it is a per day, in other words, you go in, get cited on the 8`h of the month or whatever the day is, you add up those days, you present that to the judge and it is up to the judge to determine what the fine shall be. If I am not mistaken, Jen? ASSISTANT TOWN ATTORNEY ANDALORO: Inaudible. MR. SHIPMAN: Well, you know, I keep coming here to ask these questions and until now, I am not really getting any answers so this is why [keep coming back. I would rather stay home, let you guys run government and help me solve this problem. SUPERVISOR RUSSELL: You know what we have committed to this. MR. SHIPMAN: I know. I have committed two and a half years, so when I ask if they were cited on June 1 s` and nobody gets back to me, I call to make that complaint. And I am only July 2, 2013 Page 32 Southold Town Board Meeting calling to make complaints that I know things they will be able to be cited for. I am not going to put myself in a position where, Ms. Moore thinks that we are putting up a neighborhood rebellion against them, going against their building permit and site amendment plan. This is a long standing problem and another one of her points is, well, we can't focus on the past we have to focus on the present. Well, we lived through the past and we are still living through the present, so and the traffic, here is even a better one. Cars leaving Vineyard 48 and I told 100 stories like this, the exits, drive straight across the grass median and makes a left hand turn. So I can't call because I get a response 20 minutes later, it is done. So, unless somebody is there, the traffic is still the same. Not neazly as what it was in October of 2012 but we are still dealing with the same things. SUPERVISOR RUSSELL: The scope and scale, over the past few weeks, there was that one weekend when it got out of hand but I go by myself, I know other Boazd members have gone by, the police chief and others have gone down there. we have even discussed it with the neighbor who lives closest to the site, right in front of the site, who had said yes, over the past couple of weeks things have gotten much better. We aze doing everything we can to reel it in until we have our day in courts. MR. SHIPMAN: Right, they have gotten much better but it is still the same issue. I punch you in the face, well, the next time I won't punch you as hard. This is what we aze dealing with and I am not here to be a pain in your neck but you are making, you are making laws and rules for other special events and dog beaches but I am here, two and a half years later, I know you aze tired of looking at me. I am tired of coming here at 7:00 at night, 4:30 at night. I should be home with my kids but if you don't give me the information that I ask for, then I have to FOIL it. now I am overburdening an already overburdened police department. So like I told the Planning Board, I asked them if they looked at the pictures we showed them. We aze not making this up. I am not making this up. Am I here, yeah, on principle, I am here. They are much better but on principle, they are still doing the same thing on a smaller scale but they are still over. They are not being punished for it. The only ones being punished are myself and our neighbors. You know, I understand the wheels of justice work slowly but the Planning Board is sitting there taking in all this information which I know they have to protect their rights but nobody is protecting mine. Or my protection is years coming. They have three litigations against them. I know I have said it three or four times, three litigations, two in New York State Supreme court and one at the SLA. And you aze considering this. You are even allowing somebody because it is their right. What about mine? That project should be stamped declined until all litigation is done. Why do you think they FOIL'ed all of the requests from every vineyard on the north fork? Because them a month to six weeks. Three or four weeks for you guys to get the stuff together and then their attorneys have to look at this. Come on, I am not the smartest guy in the world but I am able to see this and nobody sees a problem? SUPERVISOR RUSSELL: Don't underestimate the Planning Board's ability to understand the situation they are in. MR SHIPMAN: No, I think they are.... SUPERVISOR RUSSELL: Don't underestimate their ability to use a public setting to gather as much public information for the record as possible. July 2, 2013 Page 33 Southold Town Board Meeting MR. SHIPMAN: Right. And Ms. Moore stands up tells us that we are putting together a rebellion against them and we are being bullies. You guys are bullies, I am a bully. But what I say hasn't happened and isn't happening, so with regard to the people that were having sex in our neighbor's backyazd. She told us it was local people from the neighborhood that were having sex. I have the FOIL'ed report, the people were from Baldwin and Massapequa. So, and the attorney said.... SUPERVISOR RUSSELL: Bill, I understand this but let's not legitimize her claims... MR. SHIPMAN: I know you understand but I am here, 2 % years, trying to understand myself how this is happening. SUPERVISOR RUSSELL: Let's not legitimize her claims. MR. SHIPMAN: I am not. SUPERVISOR RUSSELL: To being bullies. MR. SHIPMAN: Inaudible. I am your new town code enforcement officer. I should work for the town because I am the town code enforcement officer she said. So I am here once again, and a little bit of frustration here but during season and they stand there and say what they are going to do and what they are not going do, they are lying right to my face. Has anyone taken a look at the parking lot that they already have in, that I have called about? Talked about at the last town boazd meeting? SUPERVISOR RUSSELL: Yes. MR. SHIPMAN: And? SUPERVISOR RUSSELL: Do you mean the parking arrangement that was worked out with another private property owner in another parcel across the street? MR. SHIPMAN: No. SUPERVISOR RUSSELL: That was addressed. MR. SHIPMAN: No, I did hear about that, she is pretty mad about that. But I am talking about the parking lot, the gravel lot in the back southwest comer of their property. The one that exits onto Zuhoski's and Borghese's private road. SUPERVISOR RUSSELL: I am quite certain the Planning Board is aware of it. 1 can't speak to.... MR. SHIPMAN: No, I went by there last week, they are putting busses back there. So how come nobody is taking any initiative, that I have got to resort to calling? I disappear now, I am tired of this. We go other places. Why do I have to be the one to stand up there and fight for something when it is 2 % years. July 2, 2013 Page 34 Southold Town Board Meeting SUPERVISOR RUSSELL: I went by that place no less than five times last week and you didn't have to call me to do that, I went by myself. I know Jim went by and others went by, you didn't have to call us to do that. MR. SHIPMAN: Okay. Well, somebody is going to have to take that stance. I know she is threatening to sue everybody and to sue this and to sue that and.... COUNCILMAN TALBOT: That is their right. MR. SHIPMAN: Yeah I know but what about mine? COUNCILMAN TALBOT: You have a job to do and she has a job to do and I am sure that if this business was set up next to her house, she wouldn't be fighting so vehemently for it. MR. SHIPMAN: You guys should have kept her, she can make up some good stuff. I would just like some information.... COUNCILMAN TALBOT: I would let the Planning Board do its job here and take all of this stuff into review and they are hearing it, these guys continue to not abide by the town code and what is going on and I am sure they will figure that into their equation here, of what is going to happen. SUPERVISOR RUSSELL: Just because an attorney stands up and says we can't consider the past, doesn't mean that a discretionary board doesn't have every right to consider the past and to make sure that all the comments are heard and recorded for the record. MR. SHIPMAN: Okay. But now we are still going back is, if they are still going over the occupancy, over their special event, why aren't they continually being cited? Where I don't have to call every time because we know that is what happens on Saturday's because that is their business plan. SUPERVISOR RUSSELL: I went by this weekend and there was no singular time that I went by that I would have said that the size of the audience was larger than what was permitted although those issues are under dispute right now, what would have been permitted under the occupancy of the building. MR. SHIPMAN: There was more than 256 people there between the hours of 3 and 5. SUPERVISOR RUSSELL: Well, I went by several times and at no time did it seem like it rose to the scale or scope of what it had been previously. Or that it exceeded. MR. SHIPMAN: Check out all the busses. SUPERVISOR RUSSELL: And I do know that the police department has gone down and... MR. SHIPMAN: I am sure (inaudible) SUPERVISOR RUSSELL: I know that there is a presence there, there is a police presence there. MR. SHIPMAN: I don't know. July 2, 2013 Page 35 Southold Town Board Meeting COUNCILMAN DINIZIO: Who do you call when you call on weekends? The police? MR. SHIPMAN: The police department. COUNCILMAN DINIZIO: Do they show up? MR. SHIPMAN: Usually, yes. COUNCILMAN DINIZIO: But you get the same answer you have gotten for two years? MR. SHIPMAN: I am glad you asked that question because it brings me to another point. Because I asked for documentation on how this special events is going to be enforced, okay? Because now I have to explain to each and every officer that comes to address this complaint on this, so you are 20 minutes explaining it every weekend. So if there is not a set protocol on how they are going to respond to this and how it is, if it is not going to be enforced, just tell me. And then I will stop coming but if it is supposed to be enforced and they aze going to enforce it, then let me know how it is supposed to be and let them know how it is supposed to be so if I do have to say, excuse me, officer, well this is how it is supposed to be done. If you would contact the supervisor so we can straighten this out. Because otherwise you just get pushed to the side and you know, a couple of weeks ago Scott, we had talked in depth about other dilemmas that I think exist and I am not going to bring them up at this time, in this forum but those are there. those are there, I have (inaudible) reports with those names on them that I can show you and it fits, the pieces fit. It is coming to a point where I got nowhere else to turn. SUPERVISOR RUSSELL: I am going to be candid, we, on several fronts have tried to address this issue. We have a regulaz police present there. We violated for illegal u-turns, we violated for everything we can catch. Alright, the reality is, is that like it or not the scope and scale of the operation has been, receded a great deal and we cannot go out, if the occupancy calls for 256 or whatever it is and they have 260 on site, well, that's a minor transgression. Those minor transgressions appear all over Southold town in the code each and every day, if we were to go out and start nit picking every little thing, then those claims by the attorney that we are bullies would be valid and that is the last thing we want in the legal setting. MR. SHIPMAN: Okay. Let's look at October 13, 2012, complainant reports that the above is overcrowded, the undersigned responded and spoke to McBride. McBride stated that he had over 619 people at the above location, summons issued. Ticket A 2911. So you can't, it is reduced but is the same thing. So they are not having 619 but they are still having 400. If they were to have treated the neighborhood with a little bit of common courtesy, no one would care that there were 400 and 500 people there. 1 wouldn't care. The only time I care is people taking a leak in my front yard, my back yard, having pictures of people having sex in the neighbor's yard. And that was on September 30, 2012 at 1633, from Massapequa Park and Bellmore. COUNCILMAN DINIZIO: What are you reading from? Is that a police report? MR. SHIPMAN: This is a FOIL'ed police report. COUNCILMAN DINIZIO: I was just trying to get an idea. July 2, 2013 Page 36 Southold Town Board Meeting MR. SHIPMAN: Do you want to take a look? COUNCILMAN DINIZIO: No, no, no. I just wondered, you have their names and everything, that's where you got it from. MR. SHIPMAN: Yeah. COUNCILMAN DINIZIO: Those people were caught... MR. SHIPMAN: Yes. This is stuff that really happens. COUNCILMAN DINIZIO: Did it happen last week? That kind of stuff? MR. SHIPMAN: No, it doesn't happen every week but there aze parties... COUNCILMAN DINIZIO: So you are concerned about how many people are there? MR. SHIPMAN: They had 619 at that one. COUNCILMAN DINIZIO: That's last year. What about when you called this week? MR. SHIPMAN: I didn't call this week. I called June 1 and that's what I have been asking, if there was a violation issued. I haven't found out in 30 days. COUNCILMAN DINIZIO: I know I haven't been going by there since, I mean it was after the 1 s`. About three weeks. MR. SHIPMAN: But you know what? If they, how do you go and give them occupancy of 256 when they are using their storage building as their occupancy? SUPERVISOR RUSSELL: Those are bones of contention that need to be settled by a judge. MR. SHIPMAN: Right. Their tasting room occupancy is 125. SUPERVISOR RUSSELL: Those are all parts of our legal, of our court case. MR. SHIPMAN: Right and if they are operating a wine tasting room and their occupancy is 125 and they don't have permission from the state liquor authority to use the cigar shop that is on site, then how are you counting that occupancy into the thing? SUPERVISOR RUSSELL: I agree with you 100 percent and I think we agree with you and our attorney agrees with you. MR. SHIPMAN: Okay. SUPERVISOR RUSSELL: That's the crux of one of our arguments. MR. SHIPMAN: Just so you know, I am starting to lose my mind here regarding it because I am talking to you, you are understanding what I am saying.... July 2, 2013 Page 37 Southold Town Board Meeting SUPERVISOR RUSSELL: So is the attorney. Don't underestimate the ability of the attorney, the Planning Board and everybody else to know exactly how you are thinking and some of the issues that we have issues with, too. MR. SHIPMAN: But nobody is being a pain in their neck. They aze a pain in mine. And if the occupancy is 256, that occupancy, then if it is 260, I don't care if they aze over a minute part because they shouldn't have the other 100 and whatever it is. COUNCILMAN DINIZIO: You are talking about their application before the Boazd now? MR. SHIPMAN: No. They are giving them occupancy for a storage building on site now. They aze giving them occupancy for the cigaz shop on site now. The wine tasting room, that occupancy is 125 but the other buildings aze 130 something. So they give them occupancy for a storage building. How are you going to fit how many other people in a storage building where they have all their wine making equipment? This is the ridiculous stuff that is going on and nobody, I can't say that, you aze helping us but the wheels of justice aze not serving justice. They are serving a corrupt, disruptive business. And the people that aze suffering are the neighbors. And yes, I am here basically on principle. They are much better but it doesn't, it is not acceptable. You can't just say, oh, they aze much better because as soon as they get what they want, they aze going to be right back up at it. You give them an occupancy of 500 people, you think of that 619 people there, they are going to be up over 1,000 even 1,200 people there. I am not coming here because I want to, I am coming here because I have to. And every time you say something, it throws me off on another tangent I just get more ticked off about because how stupid everything is. Ms. Moore says that the 619 people were never there. They were. Thank you. COUNCILMAN TALBOT: Thanks Bill. SUPERVISOR RUSSELL: Let me just say for the record, Bill, you have a very sympathetic eaz in this town board. We understand everything you are saying. You know, we are sort of at a disadvantage here because we can't have candid public discussions about this issue because of the litigation. So we have to, we are sort of sitting here not being able to have that candid discussion with you that we want to have because of the pending litigation and we don't want to compromise that. MR. SHIPMAN: Inaudible. SUPERVISOR RUSSELL: You contact me? I call you every time I hear from you. I call you all the time. You shot me an email one day, then you called and I called you back very quickly. MR. SHIPMAN: Inaudible. SUPERVISOR RUSSELL: Bill, I am sorry. I am sorry. But I call you back every time I get a call From you and I am sorry if I had somewhere along the line dropped the ball on that. But I think I am very responsive to your calls. MR. SHIPMAN: If I have answers to these questions, I don't have to come here and then all of a sudden when and ]know the questions aze all in good faith and you want to know more, I am July 2, 2013 Page 38 Southold Town Board Meeting glad you want to know more but then it just goes off on a tangent. Inaudible. I know it was 125 there and I azn thinking to myself it is because one of the buildings is a storage building and they gave them occupancy for that. SUPERVISOR RUSSELL: Those are legal positions that we agree with. MR. SHIPMAN: Between the hours of 3 and 5, could we have a little bit of traffic enforcement? SUPERVISOR RUSSELL: We have asked them repeatedly to bring the presence down there, again. MR. SHIPMAN: They don't come during those times. And I understand they have other duties but if there is somebody on Cox Lane that complains enough that people aze driving too fast taking their kids to school in the morning, there is a patrol car sitting there between the hours of 830 to 930 (inaudible). COUNCILMAN TALBOT: They are not down there because they haven't been asked. MR. SHIPMAN: Inaudible. COUNCILMAN TALBOT: If the party was at your house, do you think this would be going on for 2 'h years? MR. SHIPMAN: Inaudible. Don't take my imtation as being hostile towazds you. I do appreciate what you aze doing but after 2 % years.... COUNCILMAN TALBOT: It is a shame when you can't rely on the court system and the state liquor authority is supposed to do their jobs and they don't do them. MR. SHIPMAN: The liquor authority is doing their job, it is just their attorney is (inaudible) the system. COUNCILMAN TALBOT: Let's see it. MR. SHIPMAN : Thank god for the state liquor authority. SUPERVISOR RUSSELL: I would at this point invite anybody else that would like to address the Board on any issue, please feel free. Marie Domenici MARIE DOMENICL Marie Domenici, Mattituck. When I spoke to the Board last, I brought up the topic of the asbestos shingling and Scott, I got your email this afternoon saying that's it's okay, they are within the guidelines of the law to just.... SUPERVISOR RUSSELL: There is no bar in federal, state or county law that doesn't let someone remove asbestos siding from home or to take extra precautions in the removal of asbestos siding. July 2, 2013 Page 39 Southold Town Board Meeting MS. DOMENICI: 1 have difficulty understanding that because if my neighbor was ripping down or doing a reno or knocking down an asbestos house, I mean, I am at risk for all of the fiber that is going to disperse in the air and anyone else within the, I don't know what the perimeter would be but it is dispersing in the air, it is going to landfills whether it is ours or someone else's, environmentally it is offensive and if that was happening where I was living, I would be subject to all of that asbestos, so I don't understand how the town doesn't have any environmental concerns about that or how, have some kind of oversight. I mean, asbestos is not a good thing, we all know that. That is why OSEA has laws for that and the county has laws and the state has laws but at the local level, if somebody reno's or you know, does a rebuild and they aze ripping down asbestos, when asbestos, as you know, when asbestos is intact, it is okay, you can put you know, siding over it. That's all okay. But when you stazt to disintegrate the pieces of asbestos, that is a health issue to everyone. And I would like to see the town take a firmer stand and take some oversight and maybe have the Building Department, I don't know, but something, it just can't be done because there is no law. Maybe we need a law. At the town. COUNCILMAN DINIZIO: Can I comment on that? SUPERVISOR RUSSELL: Sure. COUNCILMAN DINIZIO: You know, I did a little research on it and there is a law, 296-2, department of labor and industries and it discusses asbestos and the handing of asbestos and mostly it deals with, most of the laws deal with employers and employees and their exposure to asbestos and at the end of that chapter there is a health form that they also include in there. looking for not just asbestos but things like flax from the cotton industry and several other industries that have different types of breathable type problems and I found it interesting that the law actually asks have you worked in that industry for more than 3 years, in that, it is only my assumption since I am not an expert on asbestos but it would seem to me that in order for asbestos to be harmful, you have to be exposed to it over a period of time. Now some say yes, some say no but if I look at the advertisements on TV, it is still the same thing. Were you a ship builder, were you an auto mechanic, those kind of industries where you worked. That is how you got this mesothelioma and again, when you go through the law and I have got it right here, I spoke to several other people and I spoke to our building inspector, he says there is no requirement from the state that he has to ask that question about a house and whether it has asbestos in it. I spoke to Jim Hunter from Hunter Insulation, I guess they have been in business for about 80 years and have been doing siding and roofing, asbestos type work for 80 years and he said he has never had any trouble, any problems with it at all. I spoke to Colin Ratsey, who also is a contractor in Greenport who has dumpsters and does a lot of renovating and he says there is absolutely no problem whatsoever with asbestos shingles and putting them, throwing them into the C & D pile at the dump. I spoke to Bill Kelly, very reputable, he does Morton buildings, builder who, if he runs across this stuff especially pipes, not necessarily asbestos shingles but pipes which all three of these people told me was a dangerous situation and that you know it can get dusty and he says he calls an expert. He doesn't call the building inspector, he calls someone who is licensed to handle and knows how to handle that type of problem. You know, it is no different than lead paint, in that lead paint is a problem especially when you have got kids and turned out that lead paint tastes good, that's why kids eat it. I didn't realize that, learn that till now but it is the same thing, if you are knocking down old houses and it has been July 2, 2013 Page 40 Southold Town Board Meeting painted, the trim has been painted with lead paint, you know, you would assume that is probably a dangerous situation. I work in an industry where I am always up in ceilings and things, I put a mask on. It doesn't mean that everybody that is walking by me needs a mask, okay, I am close enough to the situation, never asbestos but dust. Who knows, hundred yeaz old dust, who knows what could be in it. so you know, I kind of agree that probably asbestos, the word is a little scary. Certainly if you have it on your plumbing, not a lot of houses on the north fork have asbestos lining on their plumbing and the ones that do have to be taken care of by a licensed plumber, a person who knows how to work with those types of situations. They aze trained in that. Building inspectors not necessarily. I am sure you could train them to identify it but the law and this particular law goes out of its way to say that, homeowners doing their own work do not have to worry about reporting it, they can take caze of asbestos however they like but if they call a contractor, they must tell the contractor that they have had work done in asbestos. And you know, that is just to warn the guy that hey, we have had work here and you need to pay attention to it. but it doesn't seem from the government down, it works the other way. Now commercial buildings, in a public building, they are all required to have inspections for, it is required by the government, okay. And I believe the government would have made that law to residences had they thought it important enough to do so. So if you are going to want to have Southold town now do that, I suggest that the first thing that we do is require all the homeowners to get one of these surveys. Because it is their responsibility to tell us that they have that. Then we would know. Marie, I don't know, asbestos shingles seem to me to be perfectly fine. I certainly wouldn't saw them with a saw and breathe in the dust, I certainly wouldn't. And as a matter of fact, I am doing that on 4`h of July, taking asbestos shingles off my father's house. Okay. I am going to wear a mask and I am going to take the nails out carefully and probably put it in a plastic bag before I throw it away but that is all that is required. MS. DOMENICI: Well, if you are knowledgeable in that, you would know... COUNCILMAN DINIZIO: I am not. MS. DOMENICI: I am just saying, you know it now. You know... COUNCILMAN DINIZIO: I read some information on your suggestion. MS. DOMENICI: That is exactly what [ am talking about, for those individuals who don't know what they don't know, okay.... COUNCILMAN DINIZIO: But are you talking about contractors or are you talking about the homeowner? MS. DOMENICI: Well, whether it is Joe Q. Citizen or the contractor or whatever... COUNCILMAN DINIZIO: Well, the contractor is expected to know that. Okay? He wouldn't be a contractor and I suggest that if you are going to hire a contractor, you hire somebody that is reputable. MS. DOMENICI: Well, again, if you are a homeowner and you don't know that asbestos shingling has an impact on anything.... July 2, 2013 Page 41 Southold Town Board Meeting COUNCILMAN DINIZIO: It doesn't. MS. DOMENICI: If it is intact, it is fine. If you did a reno and knocked the house down and all that stuff started to collapse and deteriorate, you aze putting all of that fiber in the air. Now in any of the government agency govern whatever, the DOT, the DEC whatever agency you are talking about, they allow so much of pollutants, you know so many parts per billion whatever, that's the way they do their benchmazk to what is legal, what is not legal but at the end of the day I mean and let me use this as an example and I brought this up to the Board in the past, about the Orient spraying, and they sprayed scourge, (inaudible) after that. Scourge, when I spoke to the DEC because they are the governing agency that gives you the permits to go ahead and do that kind of spraying, they didn't even know that they had issued a permit for Scourge. Scourge, when you look at their data sheet, the ingredients in there is a trade secret ingredient. So you don't even know what they aze being sprayed with and it has a (inaudible) on aquatic life and bird life but the DEC gives the permit. It's okay to spray for you know, mosquitoes. Whether it is the state or the county of whatever, they allow so much stuff but cumulatively it all adds. Let me ask you, if your neighbor was reno'ing a house that had asbestos shingling, would you be sitting outside drinking lemonade and watching the reno? COUNCILMAN DINIZIO: Honestly? MS. DOMENICI: Yes, you would. COUNCILMAN DINIZIO: Yes, I would. It wouldn't make a bit of difference to me. I took all the asbestos shingles off my house 40 yeass ago, by myself. So I think that if your point is that people don't understand, I think that that is a very minute amount of people in this day and age. And if your point is that contractors don't understand..... MS. DOMENICI: No, no. I am not pointing the finger at anyone. COUNCILMAN DINIZIO: Well, I have got to tell you, I don't know of any homeowner that can demo their house. MS. DOMENICI: Well... COUNCILMAN DINIZIO: They are going to hire a bulldozer, they are going to hire, okay,that man is going to know what he is knocking down. MS. DOMENICI: But if you are doing a little fixing here and there, you don't know... COUNCILMAN DINIZIO: The government allows you to do that. MS. DOMENICI: Well, I am just saying, I think environmentally it's not good for anyone who is exposed to it. And that is why I brought it up to the Board and.... COUNCILMAN DINIZIO: Well, I agree with you. It is not good for you, don't saw it and then sniff it in. I agree on that. MS. DOMENICI: You don't know what you don't know. When you were taking it down 40 years ago, did you know that? July 2, 2013 Page 42 Southold Town Board Meeting COUNCILMAN DINIZIO: Yes, I did. I asked Victor Lessard at the time what I should do about it and he told me I should put it in plastic bags. MS. DOMENICI: Okay. Inaudible. At least you had the bandwidth to go ahead. But anyway, I would think the town would really think that that was something to be concerned about. So anyway I just wanted to.... SUPERVISOR RUSSELL: Let me just ask, first in the interests of disclosure, I took my asbestos shingles myself about a decade ago from my home that I currently live in... MS. DOMENICI: And that explains it. No, I am kidding. SUPERVISOR RUSSELL: Yeah. Just, if there is a lot of merit to what you say, why don't you bring this to the attention of your new county legislator, or your state senator or your state assemblyman, although that position is vacant right now. Fred Thiele has been very responsive to the needs of the north fork, why don't, this is a lazger than small town government issue, bring it to these agents and have them take action. MS. DOMENICI: I am. Thank you for your time. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board on any issue? Do you kids want to ask anything? You can ask a question if you want. Let the meeting reflect that they actually stayed for the whole meeting, didn't leave right after their resolution was read and approved. Congratulations. Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 830 P.M. * + * * + Eliza eth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS) MOVER: Louisa P. Evans, Justice SECONDER: Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell