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HomeMy WebLinkAboutTB-09/10/2013 ELIZABETH A. NEVILLE 9~FFp(¢ Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER yYp~ ~aox Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING September 10, 2013 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, September 10, 2013 at the Meeting Hall, Southold, NY. Call to Order 4:30 PM Meeting called to order on September 10, 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 Martin D. Finnegan Town of Southold Town Attorney Present 1. Reports 1. Special Projects Coordinator 2. Zoning Board of Appeals 3. Board of Trustees 4. Program for the Disabled 11. Public Notices 1. Public Meeting for Prospective Lease Applicants for Suffolk County Shellfish Aquaculture Lease Program in Peconic Bay and Gardiners Bay 2013/14 Lease Cycle 2. Application to Army Corps of Engineers Page I September 10, 2013 Page 2 Southold Town Board Meeting III. Communications IV. Discussion 1. 9:00 AM - Heather Lanza and Mark Terry 2. 9:20 AM - Jeff Standish - 2013 Southold Town Deer Management Program Update 1. 9:30 AM - Peter Harris - Spring Brush and Leaf Pickup Program 3. Request for Water Line on Old Main Road, Mattituck 4. Application by Event Power 5. Natural Gas Expansion Update 6. LL/Parking Restrictions on Mill Lane, Et Al (Public Hearing This Afternoon) 7. LL/Parking on Second Street in New Suffolk (To be Set for Public Hearing) 8. LL/Amendments to Chapter 72, Ag Uses (Refer to Code Committee) 9. LL/Amendments to Chapter 237, Encumbrances to Public Roads (Refer to Code Committee) 10. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 11:02AM for the purpose of discussing the following matters: 12:00 PM Executive Session - Chief Flatley Labor - Matters Involving Employment of Particular Person(s) Executive Session - Litigation James Merkle, et al v. TOS et al Craig Gilbert v. Fishers Island Ferry District RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell 11. 12:00 PM Executive Session - Chief Flatley 12. Executive Session - Litigation September 10, 2013 Page 3 Southold Town Board Meeting 13. Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 12:20PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell 14. 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 12:20 PM until the Regular 4:30 PM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER: Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell Pledge to the Flag 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 4:30PM 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 Special Presentation to Michael Liegey Opening Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance to the Flag. Thank you. Before we start the regular meeting, I just want to say that the Town Board gets to do a lot of things but rarely do we get to honor a hero. I am going to present a proclamation to young Michael Liegey who saved a life the other day. Mike, please come on up with your family and I am going to read this to you. This is on behalf of the entire Town Board. "Whereas the Town Board of the Town of Southold on behalf of the residents of Southold Town wishes to honor Michael Liegey, whose immediate intervention and CPR training made a difference in a life threatening situation that occurred on September 5, 2013. Whereas during this particular September 10, 2013 Page 4 Southold Town Board Meeting Thursday afternoon while on duty as a lifeguard at the Cliffside Resort waterfront condominiums in Greenport, a six year old boy began drowning. Michael's instincts and training quickly kicked in. After performing two rounds of CPR, the child regained consciousness before emergency responders arrived. And whereas Michael, as a graduate of Southold High School, has been a lifeguard for three years performing rescues and unselfishly helping others in the community and whereas Southold Town takes pride in the achievements of its citizens and welcomes the opportunity to recognize a true North Fork hero, now therefore be it resolved that the Town Board of the Town of Southold wishes to commend Michael Liegey for his quick thinking, rapid response and heroism demonstrating in saving the life of a fellow human being, extends its best wishes for continued success in all future endeavors" This is dated September 10, 2013. Michael, I want to say job well done. Thank you. Would anybody like to address any of the agenda items before we get on with the business of the meeting? (No response) V. Resolutions 2013-650 CATEGORY. Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated September 10 2013. ? Vote Record - Resolution RES-2013-650 0 Adopted ? Adopted as Amended ? Defeated Ves/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisor's Appt William P. Ruland Voter ? ? 0 ? ? Tax Receivers 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 0 ? ? ? ? No Action ? Lost 2013-651 CATEGORY.• Set Meeting DEPARTMENT: Town Clerk Set Next Regular Meeting September 10, 2013 Page 5 Southold Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, September 24, 2013 at the Southold Town Hall, Southold, New York at 7:30 P.M.. ? Vote Record - Resolution RES-2013-651 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisors Appt William P. Roland Voter 0 ? ? ? ? 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 0 ? ? ? ? No Action ? Lost Supervisor Russell SUPERVISOR RUSSELL: Let me just say, with all due respect, you are welcome to stay but if you don't want to, there is no need to be a hero twice. We would understand. Congratulations again, Michael. JUSTICE EVANS: Yes, thank you. COUNCILMAN TALBOT: Thank you. 2013-652 CATEGORY.• Budget Modification DEPARTMENT: Information Technology Information Technologies Financial Impact: Intra-Department Budget Modification. Budget modification is required to account for an unexpected increase from IBMfor our annual server maintenance. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2013 General Fund Whole Town budget as follows: From: A.1680.4.400.559 A/S 400 Software Maint. $1900.00 A.1680.4.400.425 Router Maint. $1200.00 To: A.1680.4.400.350 Server Maint. $3100.00 September 10, 2013 Page 6 Southold Town Board Meeting ? Vote Record - Resolution RES-2013-652 0 Adopted ? Adopted as Amended ? Defeated Ves/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Mover 0 ? 11 ? ? Supervisor's Appt William P. Roland Seconder 0 ? ? ? ? Tax Receiver's Appt Jill Doherty Voter 0 ? ? ? ? Rescinded Christopher Talbot Voter 0 ? ? ? ? Town Clerk's Appt Louisa P_ F.vans Voter 0 ? ? ? ? Supt Hgwys Appt Scott A_ Russell Voter 0 ? ? ? ? No Action ? Lost 2013-653 CATEGORY. Employment - Town DEPARTMENT: Accounting Permission to Attend NYBEAS Seminar Accounting Dept. RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town Comptroller John Cushman and Secretarial Assistant Christine Foster to attend a New York State Health Insurance Program (NYSHIP) Regional Meetine in Hauppauge, New York on Wednesday, October 23, 2013. All expenses for registration, travel to be a legal charge to the 2013 Accounting Department budget (meetings and seminars) A. 1310.4.600.200. ? Vote Record - Resolution RES-2013-653 0 Adopted ? Adopted as Amended ? Defeated Ves/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisor's Appt William P. Ruland Seconder El ? ? ? ? Tax Receiver's Appt Jill Doherty Mover 0 ? ? ? ? Rescinded Christopher Talbot Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2013-654 CATEGORY. Committee Appointment September 10, Page 7 Southold Town Board Meeting DEPARTMENT Town Clerk Reappoint Cara Wells to BOAR RESOLVED the Town Board of the Town of Southold hereby reappoints Cara Wells to the Board of Assessment Review effective October 1, 2013 through September 30, 2018. V Vote Record - Resolution RES-2013-654 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William P. Roland Mover 0 ? ? ? ? Supervisor's Appt ? Tax Receiver's Appt Jill Doherty Seconder 0 O ? ? ? Rescinded Christopher Talbot Voter o ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2013-655 CATEGORY.• Committee Appointment DEPARTMENT. Town Clerk Appoint Louise Hug to ABTF RESOLVED the Town Board of the Town of Southold hereby appoints Louise Hue to the Anti- Bias Task Force effective immediately through March 31, 2015. V Vote Record - Resolution RES-2013-655 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled - - ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisor's Appt William P. Roland Voter 0 ? ? ? ? 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 0 ? ? ? ? No Action ? Lost September 10, 2013 Page 8 Southold Town Board Meeting 2013-656 CATF,GORY: Budget Modification DEPARTMENT.• Human Resource Center HRC Budget Modification Cell Phones To Modify Funds from Equipment Maintenance and Vehicle Maintenance to Office Supplies Expense and Cell Phone Expense for Increases Needed in These Two Accounts to Cover a Change in Cell Phones and Office Supplies Expenses. Financial Impact: To Modem Funds from Equipment Maintenance and Vehicle Maintenance to Office Supplies Expense and Cell Phone Expense for Increases Needed in These Two Accounts to Cover a Change in Cell Phones and Office Supplies Expenses. RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town budget as follows: From: Appropriations: Programs for the Aging A.6772.4.400.650 Contracted Services Vehicle Maintenance & Repairs $1,400.00 A.6772.4.400.600 Contracted Services Equipment Maintenance & Repairs $300.00 To: Appropriations: Programs for the Aging A.6772.4.100.100 Supplies & Materials Office Supplies/Stationary $300.00 A.6772.4.200.100 Utilities Cellular Phone Service $1,400.00 Vote Record - Resolution RES-2013-656 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter Rl ? ? ? ? Supervisor's Appt William P. Roland Voter 0 ? ? ? ? Tax Receiver's Appt Jill Doherty Voter 0 ? ? ? ? Rescinded Christopher Talbot Mover 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder El ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2013-657 September 10. 2013 Page 9 Southold Town Board Meeting CATEGORY: Budget Modification DEPARTMENT Assessors 2013 Budget Modification - Assessor Financial Impact: This budget modification is to have a part-time person from the Tax Receivers office work two days a week in our office starting 9130113. New York State is sending out 4500 letters to all the Basic STAR applicants and we anticipate many inquiries about this program. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2013 Whole Town, General Fund budget as follows: To: A.1330.1.300.100 Tax Collection P.S. Temporary/Seasonal Employees Regular Earnings $2000.00 From: A1355.1.100.100 Board of Assessors Full Time Employees Regular Earnings $2000.00 Vote Record - Resolution RES-2013-657 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Mover 0 ? ? ? ? Supervisor's Appi William P. Ruland voter 0 ? ? ? ? Tax Receiver's Appt Jill Doherty Voter 0 ? ? ? ? Rescinded Christopher Talbot Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder El ? ? ? ? Supt Hgwys Apia Scott A. Russell Voter 0 ? ? 0 ? No Action ? Lost 2013-658 CATEGORY: Budget Modification DEPARTMENT.• Accounting Budget Modification for Receiver of Taxes Financial Impact: Provide a nominal appropriation for overtime to the Receiver of Taxes office staff. RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2013 budget as follows: September ]0.2013 Page 10 Southold Town Board Meeting From: A.1330.1.300.100 Seasonal Employees, Regular Earnings $500 Total $500 To: A.1330.1.300.200 Seasonal Employees, Overtime Earnings $500 Total $500 V Vote Record - Resolution RES-2013-658 - 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 Voter 0 ? ? ? ? Tax Receiver's Appi Jill Doherty Mover 0 ? ? ? ? Rescinded Christopher Talbot seconder 51 ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2013-659 CATEGORY.- Budget Modification DEPARTMENT.- Accounting Budget Modification for Dept. of Public Works Financial Impact: Move appropriation for new Public Works Department Head from Buildings and Grounds to Public Works Administration RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2013 budget as follows: From: A.1620.1.100.100 Buildings & Grounds, Regular Earnings $47,450 Total $47,450 To: A.1490.1.100.100 Public Works Admin, Regular Earnings $47,450 Total $47,450 V Vote Record - Resolution RES-2013-659 0 Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended James Dinizio Jr Voter 0 ? ? ? ? Defeated William P. Roland Mover 9 ? ? ? September 10, 2013) Page 1 1 Southold Town Board Meeting ? 'fabled Jill Dohertc Voter 0 ? ? ? ? Withdrawn Christopher 'I alhot Voter 0 ? ? ? ? Supervisor's Appt Louisa R Evans Seconder 0 ? ? ? ? Tax Receiver's Appt Scott A. Russell Voter 0 ? . ? ? ? Rescinded ? Town Clerk's Appt ? Supt Hgwys Apid ? No Action ? Lost 2013-660 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification far Risk Retention Fund Financial Impact: Modify budget for insurance RESOLVED that the Town Board of the Town of Southold hereby modifies the Risk Retention Fund 2013 budget as follows: From: CS.1910.4.300.600 Umbrella $20,000 Total $20,000 To: CS.1910.4.300.100 Commercial Package $20,000 Total $20,000 V Vote Record - Resolution RES-2013-660 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 8 ? 13 ? ? Supervisor's Appi William P. Ruland Voter 0 ? ? ? ? Tax Receiver's Appt Jill Doherty Voter R1 ? ? ? ? Rescinded Christopher Talbot Seconder 0 ? p ? ? Town Clerk's Appt Louisa P. Evans Mover 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost September 10.2013 Page 12 Southold Town Board Meeting 2013-661 CATEGORY. Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes Supervisor Scott A. Russell to Execute the Merchant Application and Agreement Between the Town of Southold and the Bridgehampton National Bank, in Connection with Credit Card Processing for Collection of Taxes RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to execute the Merchant Application and Agreement between the Town of Southold and The Bridgehampton National Bank, in connection with credit card processing for collection of taxes, subject to the approval of the Town Attorney. V Vote Record - Resolution RES-2013-661 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter e ? ? ? ? Supervisor's Appt William P. Roland Voter 0 ? ? ? ? Tax Receiver's Appi Jill Doherty Voter 0 ? ? ? ? Rescinded Christopher Talbot Mover 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell 7.Z1e ? ? ? ? No Action ? Lost 2013-662 CATEGORY. Employment - FIFD DEPARTMENT.- Accounting Increase Salary of James Traub RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted September 3, 2013 that increases the salary of James Traub to $16.00 per hour. ? Vote Record - Resolution RES-2013-662 0 Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended - James Dinizio Jr Mover 0 ? ? ? ? Defeated William P. Roland Voter 0 ? ? ? ? Tabled ? Withdrawn Jill Doherty Seconder 0 ? ? ? ? Supervisor's Appt Christopher Talbot Voter 0 ? ? ? ? Tax Receiver's Appt Louisa P. Evans Voter 0 ? ? ? ? Rescinded Scott A. Russell Voter 0 ? ? ? ? Town Clerk's Appt September 10. 2011 Page 13 Southold Town Board Meeting ? Supt l]&o), Apps ? No Action ? Lost 2013-663 C4TF.GORY Employment - FIFD DEPARTMENT.- Accounting Accept Resignation of Michael Edwards RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted September 3, 2013 that accepts the resignation effective September 1, 2013 of Michael Edwards, Deckhand, for the Fishers Island Ferry District. ? Vote Record - Resolution RES-2013-663 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 Seconder 0 ? ? ? ? Tax Receiver's Appt Jill Doherty Mover 0 ? ? ? ? Rescinded Christopher Talbot Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2013-664 CATEGORY.• Employment - FIFD DEPARTbMENT. Accounting Accept Resignation of Robert Craft RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted September 3, 2013 that accepts the resignation effective September 1, 2013 of Robert Craft, Ferry Captain, for the Fishers Island Ferry District. ? Vote Record - Resolution RES-2013-664 0 Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended James Dinizio Jr Voter 0 ? ? ? September 10. 2013 Page 14 Southold Town Board Meeting ? Delcaled William P. Boland Mover 0 ? ? ? ? Tabled Jill Doherly Seconder 0 ? ? ? ? Withdrawn Christopher'Talbot Voter 0 ? ? ? ? Supervisor's Appt Louisa P. Evans Voter 0 ? ? ? ? Tax Receiver's Appt Scott A. Russell Vo[er 0 ? ? ? ? Rescinded ? Town Clerk's App( ? Supt Hgwys Appi ? No Action ? Lost 2013-665 CATEGORY: Budget Modification DEPARTMENT: Fishers Island Ferry District 2013 Budget Modification FIFD Financial Impact: To cover underfunded accounts RESOLVED the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated September 3, 2013, which modifies the 2013 Fishers Island Ferry District budget to cover various unfunded accounts. V Vote Record - Resolution RES-2013-665 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 0 ? ? ? William P. Roland Voter 0 ? ? ? ? Supervisor's Appt ? Tax Receiver's Appt Jill Doherty vote, 0 11 ? ? ? Rescinded Christopher Talbot Seconder 0 ? ? ? ? Town Clerk's Appi Louisa P. Evans Mover 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2013-666 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Fishers Island Ferry District FIFD Health Insurance September 10. 2013 Page 15 Southold Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated August 6, 2013, regarding healthcare benefit payments to the vendor subject to management review and approval nor to delivery to the Town of Southold for payment. Vote Record - Resolution RES2013-666 0 Adopted ? Adopted as Amended ? Defeated - Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio.lr Voter 0 ? ? El ? Supervisors App[ William P. Roland Voter 0 ? ? E) ? Tax Receiver's Appt .fill Doherty Voter 0 ? ? ? ? Rescinded Christopher Talbot Mover 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder 0 ? ? ? ? Supt Hgwys Appl Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2013-667 CATEGORY.• Surplus Equipment DEPARTMENT: Information Technology Information Technologies Financial Impact: Write-off of old, obsolete and unusable computer equipment. RESOLVED that the Town Board of the Town of Southold hereby declares the following equipment to be surplus equipment: Be it further RESOLVED that the Town Board authorizes and directs the Town Clerk to advertise for the sale of same. 2013 Surplus Equipment Style Service Tag Asset Asset Acquisition Date Class Number Desktop 2B9F851 44 3232 7/11/2004 Desktop 49QRV51 44 3247 10/20/2004 Desktop 4B9F851 44 3234 7/11/2004 Desktop 5B9F851 44 3235 7/11/2004 Desktop 6B9F851 44 3236 7/11/2004 Desktop 7B917851 44 3237 7/11/2004 Desktop 9B9F851 44 3239 7/11/2004 September 10. 2013 Page 16 Southold Town Board Meeting Desktop BOOCN51 44 3243 9/14/2004 Desktop BB9F851 44 3240 7/11/2004 Desktop CB9F85] 44 3241 7/11/2004 Desktop G99F851 44 3228 7/11/2004 Desktop J99F851 44 3230 7/11/2004 Desktop 12PC871 44 3337 4/13/2005 Desktop 19QRV 5 ] 44 3246 10/20/2004 Desktop IZ09461 44 3213 11/19/2004 Desktop 21PC871 44 3332 4/13/2005 Desktop 4ZO9461 44 3214 11/19/2004 Desktop 50PC871 44 3328 4/13/2005 Desktop 52PC871 44 3338 4/13/2006 Desktop 61PC871 44 3333 4/13/2005 Desktop 88QRV51 44 3244 10/20/2004 Desktop 92PC871 44 3339 4/13/2005 Desktop B2PC871 44 3340 4/13/2005 Desktop DIPC871 44 3335 4/13/2005 Desktop D8QRV51 44 3245 10/20/2004 Desktop DY09461 44 3211 11/19/2004 Desktop GY09461 44 3212 11/19/2004 Desktop JOPC871 44 3331 4/13/2005 Desktop J2PC871 44 3343 4/13/2006 Desktop C2SL111 44 2744 11/27/2001 Desktop 1FR8871 44 3327 4/13/2005 Desktop GDR8871 44 3326 4/13/2005 Desktop 7VEWC 44 2550 12/22/1999 Desktop CLMFTFI 44 3753 3/12/2008 Desktop 3MS6621 44 2882 12/18/2002 Desktop 4QDVX21 44 2967 6/18/2003 Desktop 52FVX21 44 2974 6/18/2003 Desktop 72FVX21 44 2973 6/18/2003 Desktop CQDVX21 44 2972 6/18/2003 Desktop FQDVX21 44 2969 6/18/2003 Desktop HQDVX21 44 2971 6/18/2003 Desktop 22ZFS31 44 2950 4/11/2004 Desktop GIZFS31 44 2947 11/12/2003 Desktop HIZFS31 44 2948 11/11/2004 Desktop 12ZFS31 44 2949 11/12/2003 Desktop 5XPZH91 44 3475 2/16/2006 Desktop CXPZH91 44 3481 2/16/2006 Fax MFC 4800 NA NA 1/1/2000 Laptop 2006R31 44 2944 11/13/2003 Laptop 31VY441 44 2966 1/18/2004 Laptop 8XZ5R31 44 2942 11/13/2003 September I O. 201 Page 17 Southold Town Board Meeting Laptop BOVY441 44 2965 1/17/2004 Laptop FWZ5R31 44 2940 11/13/2003 Laptop 7SVD451 44 3227 6/28/2004 Laptop 764B611 44 3784 1/24/2002 Laptop 4M8QH71 44 3359 5/11/2005 Laptop 11YRR81 44 3391 11/2/2005 Laptop G9SDG61 44 3279 1/6/2005 Laptop 3006R31 W/O 2009 W/O 2009 W/O in 2009 Monitor-1 NA NA NA NA Monitor-10 NA NA NA NA Monitor-11 NA NA NA NA Monitor-12 NA NA NA NA Monitor-13 NA NA NA NA Monitor-14 NA NA NA NA Monitor-15 NA NA NA NA Monitor-16 NA NA NA NA Monitor-17 NA NA NA NA Monitor-18 NA NA NA NA Monitor-19 NA NA NA NA Monitor-2 NA NA NA NA Monitor-20 NA NA NA NA Monitor-21 NA NA NA NA Monitor-22 NA NA NA NA Monitor-23 NA NA NA NA Monitor-24 NA NA NA NA Monitor-25 NA NA NA NA Monitor-26 NA NA NA NA Monitor-27 NA NA NA NA Monitor-28 NA NA NA NA Monitor-29 NA NA NA NA Monitor-3 NA NA NA NA Monitor-30 NA NA NA NA Monitor-31 NA NA NA NA Monitor-32 NA NA NA NA Monitor-33 NA NA NA NA Monitor-34 NA NA NA NA Monitor-35 NA NA NA NA Monitor-36 NA NA NA NA Monitor-37 NA NA NA NA Monitor-38 NA NA NA NA Monitor-39 NA NA NA NA Monitor-4 NA NA NA NA Monitor-40 NA NA NA NA Monitor-5 NA NA NA NA September 10. 201 3) Page 18 Southold Town Board Meeting Monitor-6 NA NA NA NA Monitor-7 NA NA NA NA Monitor-8 NA NA NA NA Monitor-9 NA NA NA NA Printer 73KYZ61 46 3390 11/2/2005 Printer JPMAC10395 46 2628 1/1/2000 Printer 6KTCTCI NA NA 6/26/2007 Printer CNCB321710 NA NA 1/1/2000 Printer CNBXC22376 46 3249 12/1/2004 Printer USCN053107 46 2068 1/1/2000 Printer CNBRH77508 NA NA 1/1/2000 Printer DeskJet 895CX1 NA NA 1/1/2000 Router Cat1042njmf NA NA 12/1/2006 Router Cat1042n m NA NA 12/1/2006 Router CAT104NJM7 NA NA 12/1/2006 Router Jmx08l2l2jj NA NA 1/1/2000 Router Jab04378bd3 NA NA 1/1/2000 Router Jab04378beg NA NA 1/1/2000 Router Jmx0454k6n NA NA 1/1/2000 Router Jmx0545k6mu NA NA 1/1/2000 Router Jmx0545k6mv NA NA 1/1/2000 Router Jmx0545k6my NA NA 1/1/2000 I Vote Record - Resolution RES-2013-667 0 Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended James Dinizio Jr Mo 0 ? ? ? ? Defeated ver ? Tabled Sec William P. Ruland and 0 ? ? ? ? Withdrawn er ? Supervisor's Appt ? Tax Receiver's Appt Jill Doherty e of 0 ? 11 ? ? Rescinded Vob Christopher Talbot et 0 ? ? ? ? Town Clerk's Appt ? Supt Hgwys Appt Louisa P. Evans Vol 0 ? ? ? ? No Action er ? Lost Scott A. Russell Vot 0 ? ? ? er 2013-668 CATEGORY.- Equipment DEPARTMENT: Accounting Transfer Vehicle to Recreation Dept September 10. 201 3) Page 19 Southold Town Board Meeting RESOLVED that the Town Board of the'I own of Southold hereby transfers the 2000 Chevrolet Lumina, asset no. 2583, VIN 2G1WL52,IXY1339636, Tae no. B7, from the Central Garage fleet to the Recreation Department effective immediately. Vote Record - Resolution RES-2013-668 13 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn 111111c, DinizioJr Voter 0 ? ? ? ? Supervisor's Appt William P. Roland Seconder 0 ? ? ? ? Tax Receiver's App( Jill Doherty Mover 0 ? ? ? ? Rescinded Christopher Talbot Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2013-669 CATEGORY: Surplus Equipment DEPARTME;W. Accounting Declare 2001 Chevrolet Lumina Surplus Equipment Financial Impact: This vehicle is presently assigned to the Recreation Department RESOLVED that the Town Board of the Town of Southold hereby declares the following equipment to be surplus equipment: Asset No. 2646, 2001 Chevrolet Lumina, VIN #2G1WL52J311270553, Tag 139 located at Police Headquarters Be it further RESOLVED that the Town Board authorizes and directs the Town Clerk to advertise for the sale of same for a price not less than $285.00. ? Vote Record - Resolution RES-2013-669 ? Adopted ? Adopted as Amended Yes/Aye No/Nay Abstain Absent ? Defeated James Dinizio Jr Voter 0 ? ? ? 0 Tabled William P. Roland Mover 0 ? ? ? ? Withdrawn Jill Doherty Voter 0 ? ? ? ? Supervisor's Appt Christopher Talbot Seconder 0 ? ? ? ? Tax Receiver's Appt Louisa P. Evans Voter 0 ? ? ? ? Rescinded Scott A. Russell Voter 0 ? ? ? ? Town Clerk's Appt ? Supt Hgwys Appt September 10. 2013 Page 20 Southold "town Board Meeting ? No Acton ? Lost Next: 9R4/I3 7:30 PM Comments regarding resolution 669 JUSTICE EVANS: Do we need to put in thereabout not selling below the junk value? SUPERVISOR RUSSELL: Yes. I also thought we should say where it was located, so people could know where to look at it but that is not in our resolution. I suspect it will be at our accessory parking down at our annex but we will confirm that. 2013-670 CATEGORY. Attend Seminar DEPARTMENT.• Planning Board Attend Seminar RESOLVED, that the Town Board of the Town of Southold hereby grants permission to Heather Lanza, Planning Director, to attend a symposium entitled "Long Island Reconstruction & Resilience: Learning from Other States and Europe" in Long Beach, NY, on September 12, 2013. All expenses for registration and travel to be a legal charge to the 2013 Planning Budget. V Vote Record - Resolution RES-2013-670 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisor's Appt William P. Roland Voter El ? ? ? pt Jill Doherty Voter 0 ? ? ? Christopher Talbot Seconder 0 ? ? ? Tow Clerk's t Louisa P. Evans Mover 0 ? ? ? Scott A. Russell Voter 0 ? ? ? WNoAction ? Lost 2013-671 CATEGORY: Litigation DEPARTMENT: Town Attorney A uthorizes and Directs Thomas Sledjeski, Esq. to Commence an Enforcement Action September 10, 2013 Pagc 21 Southold Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Thomas Sledjeski, Esq. to commence an enforcement action in Supreme Court, Suffolk County, against Cheng Kai Yu and Cheng Kai Yu Revocable Trust relating to existing Town Code violations and further retains Thomas Sledjeski, Esq. as Special Counsel to act as counsel of record in said action. ? Vote Record - Resolution RES-2013-671 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye Nu/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisor's Appt William P. Roland Voter 0 ? ? ? ? 'I as Receiver's Apia Jill Doherty Seconder 0 ? ? ? ? Rescinded Christopher Talbot Mover 0 ? ? ? ? Town Clerk's Appl Louisa P. Evans Voter 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2013-672 CATEGORY.• Budget Modification DEPARTAMN'T: Human Resource Center Modify Funds from HRC Budget to DPW to Cover Repair/Maintenance of HRC Parking Lot Financial Impact: Moving available funds from HRC budget to DPW for necessary repairs RESOLVED that the Town Board of the Town of Southold hereby modifies the 2013 General Fund Whole Town Budget as follows: From: Appropriations: Proerams for the Aging A.6772.1.100.100 Personal Services /Full Time Employees Regular Earnings $4,900.00 A.6772.1.100.300 Vacation Earnings $ 750.00 A.6772.1.100.400 Sick Earnings $1,150.00 $6,800.00 Ts: Appropriations: Department of Public Works A.1620.4.400.200 Property and Repairs $6,800.00 V Vote Record - Resolution RES-2013-672 0 Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended James Dinizio Jr Mover 0 ? ? ? September 10. 2013 Page 22 Southold Town Board Meeting ? 1)clealcd William P_ Roland Seconder 0 ? ? ? ? Tabled Jill Doherlc Voter 0 ? ? ? ? Withdrawn Christopher Talbot Voter 0 ? ? ? ? Supervisors Apra Louisa P. Evans - Voter 0 ? ? ? ? Tax Receivers Appt Scott A. Russell Voter 0 ? ? ? ? Rescinded ? Town Clerk's Appt ? Supt Hgwys Appi ? No Action _ ? Lost 2013-673 CATEGORY. Contracts, Lease & Agreements DEPARTMENT: Land Preservation USDA NRCS Coop Agna Amendrrrt #2 Macari S36, 789 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Supervisor to execute Amendment No. 2 to Cooperative Agreement No. 73- 2C31-2-1BHF, between the United States of America Commodity Credit Corporation and the Town of Southold for the implementation of the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) 2012 Federal Farm and Ranch Lands Protection Program (FRPP) that amends the original agreement to add additional funding to the Macari-Bergen Avenue Farm easement in the amount of $36,789.00, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2013-673 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisor's Appt William P. Roland Voter 0 ? ? ? ? Tax Receiver's Appt Jill Doherty Mover 0 ? ? ? ? Rescinded Christopher Talbot Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2013-674 CATEGORY. Budget Modification September 10. 201 Page 23 Southold Town Board Meeting DEP,1RI11ENI.- Accounting Eslablish Capital Budget jbr the Nigh Band Radio SroenJ Financial Impact: Provide approprration for the High Band Radio System included in the 2013 Capital Budget WHEREAS the Town Board of the Town of Southold adopted a 2013 Capital Budget which includes a $68,000 appropriation for a High Band Radio System, and WHEREAS the Town's Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Project in the 2013 Capital Fund: Capital Project Name: High Band Radio System Financing Method: Transfer from the General Fund Whole Town Budget: Revenues: H.5031.57 Interfund Transfers $68,000 Total $68,000 Appropriations: H.3020.2.100.100 High Band Radio System $68,000 Total $68,000 V Vote Record - Resolution RES-2013-674 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 0 ? ? ? El Supervisor's Appt William P. Ruland Mover 0 ? El ? ? Tax Receiver's App[ Jill Doherty Voter 0 ? ? ? ? Rescinded Christopher Talbot Voter 0 ? ? ? ? Town Clerk's Apia Louisa P. Evans Seconder 0 ? ? ? ? Supt Hgwys App[ Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2013-675 CATEGORY' Public Service DEPARTMENT.- Public Works Deer Management Program September 10. 2013 Page 24 Southold Town Board Meeting RESOLVED that the Town Board ofthe Down of Southold hereby adopts the 2013 Southold Town Deer Management Program, whereby the following Town-owned properties will be designated as properties available for the issuance of archery hunting permits to Town Residents for the period of October 1, 2013 through December 31, 2013, seven days a week: Adamowicz, Arshamomaque Preserve, Damianos, Evergreen Drive (Cutchogue Woods), Hogs Neck (sections I & II), Hummel Pond, Manor Grove, McFeelys, Mill Road, Pekunka, Reese Property, Ruth Oliva Preserve, Sound View Dunes. Stackler Property. Stoutenburgh Preserve, Tall Pines and Young. BE IT FURTHER RESOLVED that the Town Clerk is hereby authorized to issue such archery hunting permits by lottery drawing, that all such issued permits shall be subject to the rules for the 2013 Town of Southold Deer Management Program, and shall be subject to revocation upon the violation of any such rules; and BE IT FURTHER RESOLVED that the Town of Southold, Department of Public Works, shall be authorized to institute further rules and procedures necessary to manage the 2013 Town of Southold Deer Management Program, subject to oversight by the Town Board. I Vote Record - Resolution RES-2013-675 0 Adopted ? Adopted as Amended ? Defeated Ves/Ayc No/Nay Abstain Absent ? Tabled - - - - ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisor's Appt William P. Roland Voter 0 ? ? ? ? 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 0 ? ? ? ? No Action ? Lost 2013-676 CATEGORY.• Budget Modification DEPARTMENT: Highway Department 2013 Highway Dept. Budget Modification Financial Impact: Necessary to cover overages in budget lines RESOLVED that the Town Board of the Town of Southold hereby modifies the 2013 Highway Fund Part Town budget as follows: To: DB.5130.1.100.200 Machinery September 10. 2013 Page 25 Southold Town Board Meeting Personal Services Full Time Employees Overtime Earnings $10,000.00 DB.5130.4.100.550 Machinery Contractual Expense Supplies & Materials Tires 6,500.00 DB.5140.1.100.100 Brush & Weeds/Miscellaneous Personal Services Full Time Employees Regular Earnings 9,180.00 DB.5140.4.100.100 Brush & Weeds/Miscellaneous Contractual Expense Supplies & Materials Office Supplies 1,000.00 DB.5140.4.600.400 Brush & Weeds/Miscellaneous Contractual Expense Miscellaneous Postage 50.00 TOTAL: $26,730.00 From: DB.5130.1.100.100 Machinery Personal Services Full Time Employees Regular Earnings $10,000.00 DB.5130.2.500.300 Machinery Equipment & Capital Outlay Other Equipment Other Equipment 6,500.00 DB.5110.1.100.100 General Repairs Personal Services Full Time Employees Regular Earnings 9,180.00 DB.5140.4.100.125 Brush & Weeds/Miscellaneous Contractual Expense Supplies & Materials Miscellaneous Supplies 1,000.00 DB.5140.4.600.500 Brush & Weeds/Miscellaneous Contractual Expenses Miscellaneous Inoculations 50.00 TOTAL: $26,730.00 V Vote Record - Resolution RES-2013-676 a Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended ? Defeated James Dinizio Jr Voter 0 ? ? ? September 10. 201 Pane 26 Southold I own Board Meeting ? lablcd Wdiiam P. Ruland Seconder ? ? ? ? ? Wdhdraon Illl Doherty Voter R ? ? ? ? Supervisor's APpt Christopher Talbot Mover 0 ? ? ? ? Tax Receiver's Appt Louisa P. Evans Voter R ? ? ? ? Rescinded Scott A. Russell Voter El ? ? ? ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action ? Lost 2013-677 CATEGORY: Bond DEPARTMENT: Town Clerk Bond Authorizing the Construction of Improvements to Town Highwav Facilities. BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED SEPTEMBER 10, 2013, AUTHORIZING THE CONSTRUCTION OF IMPROVEMENTS TO TOWN HIGHWAY FACILITIES, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $3,500,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $3,500,000 TO FINANCE SAID APPROPRIATION THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to construct improvements to Town highway facilities, consisting of construction of a pre-engineered metal building containing a welding bay, service bays, toilets and administrative spaces; a pre-engineered pole barn; a consolidated fueling station; an outdoor truck washing area; material storage bins; and demolition of existing fuel storage tanks; all of the foregoing to include site work, installation or extension of necessary utilities and any ancillary work required in connection therewith. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $3,500,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of $3,500,000 serial bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $3,500,000 are September 10. 201 3) Paoe 27 Southold Town Board Meeting hereby authorized to be issued pursuant to the provisions of the Local Finance Law. constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the objects or purposes for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 1 1 (b) of the Law, is twenty (20) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purposes for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. (d) The Town Board of the Town, acting in the role of Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act ("SEQRA"), has determined that the objects or purposes described in Section 1 hereof is an Unlisted Action as defined under SEQRA and the Regulations promulgated thereunder. The Town's Planning Department has completed a Long Environmental Assessment Form which has been reviewed by the Town Board and the Town Board has determined that the project will not have a significant impact on the environment and a Negative Declaration has been issued by the Town Board. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and Section 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terns, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to the execution of agreements for credit enhancements, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any September 10-2013 Page '18 Southold Town Board Meeting notes issued in anticipation of the sale ol'said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to cause to be published in "The Suffolk Times, " a newspaper having a general circulation within said Town and hereby designated the official newspaper of the Town for such publication and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in the requisite form. ~ Vote Record - Resolution RES-2013-677 0 Adopted ? Adopted as Amended ? Defeated Ves/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Mover 0 ? ? ? ? Supervisor's Appt William P. Roland Seconder 0 ? ? ? ? Tax Receiver's Appt Jill Doherty Voter 0 ? ? ? ? Rescinded Christopher Talbot Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2013-678 CATEGORY.. Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Modifications Financial Impact: Maintenance and grounds: awning replacement; paint supplies for curbing and parking lanes. Landscaping: chain saw and weed trimmer parts. RESOLVED that the Town Board of the Town of Southold hereby modifies the September 10. 2013 Pagc 29 Southold Town Board Meeting 2013 Solid Waste Management District budget as follows: From: SR 8160.2.500.250 (Landscaping Equipment) $ 400.00 SR 8160.4.400.250 (Computer Software) $1,250.00 TOTAL: $1,650.00 To: SR 8160.4.100.900 (Landscaping Supplies) $ 400.00 SR 8160.4.100.800 (Maint/Facilitie-Grounds) $1,250.00 TOTAL: $1,650.00 ? Vote Record - Resolution RES-2013-678 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled - - ? Withdrawn James Dinizin Jr Voter 0 ? ? ? ? Supervisor's Appt William P. Ruland Seconder 0 ? ? ? ? l'as Receiver's Appt Jill Doherty Mover 0 ? ? ? ? Rescinded Christopher Talbot voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2013-679 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Anti-Bias Task Force Financial Impact: Additional appropriation for Anti-Bias task Force picnic RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2013 budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $1,050 Total $1,050 To: A.1010.4.600.775 Anti-Bias Task Force $1,050 Total $1,050 ? Vote Record - Resolution RES-2013-679 21 Adopted Yes/Aye No/Nay Abstain Absent September 10.2013 Pane 30 Southold Town Board Meeting ? ;U1, t"I a Amcndad James Dinizlolr Voter 0 ? ? ? ? Defeated William P. Roland Mover 0 ? ? ? ? "fabled Jill Doherty Voter 0 ? ? ? ? Withdrawn Christopher Talbot Voter 0 ? ? ? ? Supervisor's Appt Louisa P. Evans Seconder 0 ? ? ? ? Tax Receiver's Appi Scott A. Russell Voter 0 ? ? ? ? Rescinded ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action ? Lost 2013-680 CATEGORY: Contracts, Lease & Agreements DEPART,VFNT: Accounting Execute a Lease Agreement for Electric Car RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Motor Vehicle lease agreement with Nissan Motor Acceptance Corporation in connection with a three-year lease for one Nissan Leaf for the Human Resource Center in an amount not to exceed $11,000, which shall be a legal charge to A.6772.4.400.800 over the lease term, subject to the approval of the Town Attorney. V Vote Record - Resolution RES-2013-680 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter e ? ? ? ? Supervisor's Appt William P. Roland Seconder 0 ? ? ? ? Tax Receiver's Appl Jill Doherty Voter 0 ? ? ? ? Rescinded Christopher Talbot Voter 0 ? ? ? Town Clerk's Appt Louisa P. Evans Mover 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter El ? ? ? ? No Action ? Lost Comments regarding resolution 680 COUNCILMAN RULAND: Discussion? I would like to speak to this only because this is kind of a milestone for the town, the fact that we are if you will, using the word piloting, an electric car at the use at the Human Resource Center to deliver meals. There is no question that the September 10. 301 Pa'-e 3I Southold Town Board Meeting vehicle will tit well into the program, as it goes and returns to the same spot every day and the price of not to exceed. I believe that the price cost is going to be less than the cost of the lease, of which we couldn't own the car for, within three years at that. And I think what we are going to see is that this is a really viable way to deliver the meals at a lower cost yet. And we are really excited about it and look forward to perhaps expanding those uses in the future. That's my spiel, Scott. SUPERVISOR RUSSELL: Thank you, Bill. 2013-681 CATEGORY: Local Law Public Hearing DEPARTWENT Town Attorney 1018113 PH @ 4:32 PM LLISecond St. Parking/New Suffolk WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 10`h day of September, 2013, a Local Law entitled "A Local Law in relation to Parking on Second Street in the Hamlet of New Suffolk" 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 8'h day of October, 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 Parking on Second Street in the Hamlet of New Suffolk" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Parking on Second Street in the Hamlet of New Suffolk". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. Parking on Second Street in the hamlet of New Suffolk has resulted in conditions that impact the public health, safety and welfare in the surrounding community. These conditions consist of undue congestion, restrictions on access and maneuverability as well as dangerous traffic impacts. Accordingly, it is necessary to prohibit parking in this area to protect the public and restrict the public's ability to block the ordinary flow of traffic. Accordingly, an Amendment to Chapter 260 is warranted. Il. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: §260-8. Parking prohibited at all times. Name of Street Side Location Second Street Both At all times At New Suffolk, from the southerly intersection of Main Street to the northerly intersection of Jackson Street. 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 September 10. 201 1 Pare 32 Southold Town Board Meeting as a whole or any part thereofother 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. V Vote Record - Resolution RES-2013-681 0 Adopted - ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisors Appt William P. Roland Voter 0 ? ? ? ? Tax Receiver's Appi Jill Doherty Voter 0 ? - ? ? ? Rescinded Christopher Talbot Moser 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Seconder 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost 2013-682 CATEGORY: Budget Modification DFRIRTMENT.• Accounting Budget Modification for HRC Nissan Leaf Lease Financial Impact: Provide appropriation for Nissan Leaf, 2013 charges relating to the three-year lease RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2013 budget as follows: From: A.6772.1.100.100 Full-time Regular Earnings $1,000 Total $1,000 To: A.6772.4.400.800 Vehicle Leases $1,000 Total $1,000 Vote Record - Resolution RES-2013-682 0 Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended ? Defeated James Dinizio Jr Mover 0 ? ? ? ? Tabled William P. Ruland Voter 0 ? ? ? ? Withdrawn Jill Doherty Voter 0 ? ? ? ? Supervisor's Appt Christopher Talbot Seconder 0 ? ? ? ? Tax Receiver's Appt Louisa P. Evans Voter 0 ? ? ? ? Rescinded Scott A. Russell Voter 0 ? ? ? September 10.'01 , Page 3 Southold I own Board Meeting ? I omi Clerk'. Appt ? Supt Hgmvs Appt ? No Action ? Lost 2013-683 CATEGORY: Employment - TIED DEPARTMENT: Town Attorney Stipulation of Settlement - FIFD and Gilbert RESOLVED that the Town Board of the Town of Southold hereby ratifies the Stipulation of Agreement between the Fishers Island Ferry District and Craig Gilbert dated August 29, 2013, concerning the settlement of all of his claims, at no cost to the Town of Southold. V Vote Record - Resolution RE.S-2013-683 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled - ? Withdrawn James Dinizio Jr Voter 0 ? ? ? ? Supervisor's Appt William P. Roland Seconder 0 ? ? ? ? Tax Receiver's Appt Jill Doherty Mover 0 ? ? ? ? Rescinded Christopher Talbot Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Voter 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 4:52PM in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS1 MOVER: Louisa P. Evans, Justice SECONDER: William P. Roland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell 2013-684 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk September 10. 1-0 11 Pagc 14 Southold Town Board Meeting Enacl Local Law Re: Parking of Lilel Rd N Mill Rd, Peconic WHEREAS, there had been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 13'h day of August, 2013, a Local Law entitled "A Local Law in relation to the Removal and Revision of Parking Restrictions on Inlet Road (a/k/a Mill Lane) and Mill Road in the area between Route 48 and Goldsmiths Inlet" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 10'h day of September, 2013, at 4:32 p.m. at which time all interested persons were given an opportunity to be heard, now therefore be it RESOLVED the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to the Removal and Revision of Parking Restrictions on Inlet Road (a/k/a Mill Lane) and Mill Road in the area between Route 48 and Goldsmiths Inlet" reads as follows: LOCAL LAW NO. 2013 A Local Law entitled, "A Local Law in relation to the Removal and Revision of Parkin Restrictions on Inlet Road (a/k/a Mill Lane) and Mill Road in the area between Route 48 and Goldsmiths Inlet". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. Parking and parking restrictions associated with Goldsmiths Inlet in the hamlet of Peconic has resulted in excessive signage that negatively impacts the public's health, safety and welfare in the surrounding community. Additionally, parking immediately adjacent to Goldsmiths Inlet has resulted in conditions that negatively impact the public. These conditions consist of undue congestion, restrictions on access and maneuverability as well as excessive signage. Accordingly, it is necessary to remove and revise the parking regulations in this area to further protect the residents and visitors of the Town and restrict the public's ability to block the ordinary flow of traffic and the orderly use of Town facilities by Town residents and visitors and to remove excessive signage. Accordingly, amendments to Chapters 189 and 260 are warranted. 11. Chapter 189 of the Code of the Town of Southold is hereby amended as follows: §189-2. Designation of parking areas requiring permits. B. The felleAving read end ai-7eas afe hereby designated as Town ef Southold "Parking b ,,•,••••••,(57_) -inlet Revd (a/k1a Mill r ane) Peeeni along both sides between private read knewH as Sound view Avenue and a private read kne,mi as Seeend Avenue. HL Chapter 260 of the Code of the Town of Southold is hereby amended as follows: §260-8. Parking prohibited at all times. September 10. 2013 Pa'ac i5 Southold Mown Board Meeting Name of Street Side Location Inlet Road (a/k/a Mill Lane) Both At Peconic, from the northerly intersection of a private road known as Miami Avenue and Inlet Road (a/k/a Mill Lane) northerly to the southerly- intersection of a private road known as Seeend Sound View Avenue (a/k/a Sound Avenue) and Inlet Road (a/k/a Mill Lane) Mill Road Both At Peconic, between from the intersection of a private road known as Miami Avenue and Mill Road southeasterly to the intersection of Sound View Avenue and Mill Road. County Route 48 IV. 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. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided b law. Vote Record - Resolution RES-2013-684 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled ? Withdrawn James Dmizio Jr Voter 0 ? ? ? ? Supervisors Appt William P. Roland Seconder 0 ? ? ? Tax Receiver's Appt Jill Doherty Voter 0 ? ? ? Rescinded Christopher Talbot Voter 0 ? ? ? ? Town Clerk's Appt Louisa P. Evans Mover 0 ? ? ? ? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ? ? No Action ? Lost VI. Public Hearings PH 9/10/13 (q~) 4:32 PM LL/Parking Restrictions Mill Road September 10. -10 1') Page 36 Southold Town Board Meeting RESULT: CLOSED JUNANIMOUS] MOVER: Louisa P. Evans. JUStiCe SECONDER: Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell Councilman Christopher M. 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 13`h day of August, 2013, a Local Law entitled "A Local Law in relation to the Removal and Revision of Parkin Restrictions on Inlet Road (a/k/a Mill Lane) and Mill Road in the area between Route 48 and Goldsmiths Inlet" and 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 101h day of September, 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 Removal and Revision of Parking Restrictions on Inlet Road (a/k/a Mill Lane) and Mill Road in the area between Route 48 and Goldsmiths Inlet" reads as follows: LOCAL LAW NO. 2013 A Local Law entitled, "A Local Law in relation to the Removal and Revision of Parkin Restrictions on Inlet Road (a/k/a Mill Lane) and Mill Road in the area between Route 48 and Goldsmiths Inlet". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. Parking and parking restrictions associated with Goldsmiths Inlet in the hamlet of Peconic has resulted in excessive signage that negatively impacts the public's health, safety and welfare in the surrounding community. Additionally, parking immediately adjacent to Goldsmiths Inlet has resulted in conditions that negatively impact the public. These conditions consist of undue congestion, restrictions on access and maneuverability as well as excessive signage. Accordingly, it is necessary to remove and revise the parking regulations in this area to further protect the residents and visitors of the Town and restrict the public's ability to block the ordinary flow of traffic and the orderly use of Town facilities by Town residents and visitors and to remove excessive signage. Accordingly, amendments to Chapters 189 and 260 are warranted. If. Chapter 189 of the Code of the Town of Southold is hereby amended as follows: §189-2. Designation of parking areas requiring permits. B. The following read end aFeas are hereby designa4ed as Town of Soothe! "Parking by Southold Town Pefmit On!)," afeas! September 10.2013 Pace i7 Southold Town Board Meeting (57) inlet Reap (^'Ii/, Mill I T' ie 11 c h I il 4 known as Second Avenue. III. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: §260-8. Parking prohibited at all times. Name of Street Side Location Inlet Road (a/k/a Mill Lane) Both At Peconic, from the xef4herly intersection of a private road known as Miami Avenue and Inlet Road (a/k/a Mill Lane) northerly to the southerly- intersection of a private road known as Seeend Sound View Avenue and Inlet Road (a/k/a Mill Lane) Mill Road Both At Peconic, between from the intersection of a private road known as Miami Avenue and Mill Road southeasterly to the intersection of Sound View Avenue and Mill Road. r,...~o.. Route 48 IV. 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. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have a notice that it was posted on the Town Clerk's bulletin board on August 20, 2013 and in the Suffolk Times on August 29, 2013 and that is all I have. Supervisor Scott A. Russell SUPERVISOR RUSSELL: I would invite anybody that would like to address the Town Board on this particular local law to please come forward. Mr. Dunn? Robert Dunn, Peconic ROBERT DUNN: Robert Dunn, Peconic. I really don't want to do this but I think we have got some wording wrong here. The first Inlet Road, both at Peconic from the intersection of the private road known as Miami Avenue and Inlet Road northerly to the intersection of a private road known as Soundview Avenue. I am pretty sure that's Sound Avenue. That is the street that runs parallel to the beach. September 10.'_01) Page 38 Southold Town Board Meeting SUPERVISOR RUSSELL.: It is known as Sound View. Two words. it 'l am not mistaken. And that has been on our tax records for eons. But I think the intent is still there, whether it is Sound or Sound View. MR. DUNN: The public road is Soundview. The road that is back towards 48 is Soundview, that runs east and then it runs into the LIPA lot, that's Soundview Extension. This road is the road that is all the way down at the beach in Peconic shores, a private road. TOWN ATTORNEY FINNEGAN: It is designated as Sound View Avenue on our tax map. (inaudible) MR. DUNN: That's the only thing, what you are trying to do here is exactly correct. It's what everybody talked and discussed and agreed to. I just don't want to see it coming out (inaudible) TOWN ATTORNEY FINNEGAN: Inaudible. MR. DUNN: Because if that is incorrect with something and it is incorrect on the town maps, what happens if someone calls up and says their house is on fire? SUPERVISOR RUSSELL: You know, all of the addresses and tax maps are GPS, GIS based at the police station with enhanced 911 system. So it is not like they are responding with a Hagstrom. They actually have sophisticated technology to respond. MR. DUNN: Okay. (inaudible) Supervisor Russell SUPERVISOR RUSSELL: Would anyone else like to comment on this particular local law? Closing Comments Supervisor Russell SUPERVISOR RUSSELL: Before we go to the public portion of the meeting, I would like to let everybody know that the 12`" anniversary of 9/11, Never Forget, the Southold community is invited to come to the 9/11 Memorial on Wednesday, September 11 at the Jean Cochran Park in Peconic from 5 to 7 PM. The public may come and place flags throughout the park in memory of the more than 3,000 victims. The flags will be made available for placement at the park. There will not be any formal ceremony but the community is encouraged to come, on their way home from work, after dinner with the family to never forget our fellow Americans. Please, please understand although the short notice it does not diminish the importance of this event, much more important, get the word out.. We would appreciate it. Thank you. With that I would invite anybody that would like to address the Town Board on any issue to feel free. Leroy? Leroy Hiltzer, Mattituck LEROY HEYLIGER: Good afternoon, I am Leroy Heyliger. I have one question and one request. The question has to do with the article that I read in the paper and I was just wondering, it says that Suffolk County Executive Steve Bellone will propose that $250,000 be distributed September 10. 2013 Paee 19 Southold I own Board Nlecting among I I projects to enhance economic activity in downtown areas throughout the county and this is the 11'1~ round of the grant program and the money is meant for projects including public parking facilities, street lighting and pedestrian walkways. And this is to be held on September 12, that a eligible organization must represent their downtown areas, partnered with their local municipality and apply for the grant. The panel uses a point system to evaluate and choose the application officials said. This is to enhance public lands, improve the vitatlity of business districts, and contribute to multiple communities. Now, 1 was before the Board before about the complete streets act and the complete streets act says complete streets law passed last year applies only to roads receiving state and federal funds. Are you aware of this grant on September 12? SUPERVISOR RUSSELL: I believe the Planning Board was looking at possible projects that could meet the criteria. They are evaluating as best they can. I should just remind you that $250,000 spread out over a county as large as Suffolk, I don't think we can anticipate getting a huge amount of money. It would also require a match on our part but we are doing our part to identify projects that would fit. MR. HEYLIGER: My second request has to do with where I have been before the Board before with these pictures. It has to do with the walkway from the Cottages and for the residents on the north side of Factory Avenue who use, they have a walkway from the Cottages coming out by the railroad track there and I have presented to the Board before, this plot number 224 which is on the town map as a Town of Southold plot 224, is unpaved and we have had several incidences of people having narrow misses either coming from the Cottages or coming down on that walkway and they have to get in the road. In fact, last week I was cutting the grass at our church and I happened to look up there and this little old lady in a wheelchair being pushed by someone, had to go up and out in the middle of the road in order to get around plot 224 which is unpaved. It is just a small section and I have been before the Board before, this is the third year and all it takes it to just pave it, blacktop it, so that they won't have to go out in the middle of the road. And I have been all over town and I have seen them redoing the roads and everything and this is being ignored and I am afraid someone is going to really get killed. We have had one dump truck that fell over a couple of years ago coming across that railroad track and it overturned, then there was a lady who come across the railroad track and she went across on the other side and got caught on the railroad track on the east side. I mean, are we going to wait until someone gets killed? One of the residents, are we going to wait until a child in a baby carriage or, you know, because this is a pedestrian walkway and every time it rains, it gets worse because it washes it out. And then you have got a big rut there. now I was hoping that before the asphalt company closes down for the winter we could get this area paved, fixed up so people can safely walk down Factory Avenue, cross safely over to the, the Mattituck area there, the grocery where Waldbaums, the movie theatre, that they can get over there safely without getting killed. I plead to the Town Board, please took into this matter please, before it gets worse. Before someone gets injured or killed or a child gets run over. Thank you. COUNCILWOMAN DOHERTY: Scott, can we request from Pete Harris to go take a look at it and see what it entails? September 10.'_013 Pagc 40 Southold Toeen Board Niccting SUPERVISOR RUSSLLL: Ahsolutcl\. COUNCILWOMAN DOHERTY: Because as he said, they are paving right now might be a good time. SUPERVISOR RUSSELL: We will certainly convey that tomorrow. Would anyone else like to address the Town Board on any issue? Robert Dunn, Peconic ROBERT DUNN: Robert Dunn, Peconic. We all get questions when we go through our daily travels and one of mine is, when I go to the landfill, where the metals are, you dump all the metal in the pile and I have seen you have a contractor that takes them away. Is there a reason why those metals aren't separated? SUPERVISOR RUSSELL: We actually, the way the bidding works, the problem is that in order to entice the metal companies to give us our maximum amount of money per ton, we mix the metals. If we were to itemize or break out the more expensive metals from the less expensive metals, what would happen is, while we get more for brass etc., we would end up paying for those that have no marketability. So we found that if we do it on a gross ton basis with mixed metals, our bids have been higher. We need to think about what is our total income going to come in for the year. And we find that not just with the labor involved but with the bidding itself, we wouldn't fare as well on the open market as we have. MR. DUNN: Do you have any idea what the number is? SUPERVISOR RUSSELL: I would have to consult with the Superintendent who runs the transfer station. MR. DUNN: And when was the last time that was reviewed? SUPERVISOR RUSSELL: Well, we bid them every year. COUNCILMAN TALBOT: They are fishing for numbers on a weekly basis. SUPERVISOR RUSSELL: Right. COUNCILMAN TALBOT: Constantly. It might be best if you stop in the trailer over there. MR. DUNN: Well, I just, I feel very comfortable asking you guys questions, I don't feel.... SUPERVISOR RUSSELL: Okay, fair enough. COUNCILMAN TALBOT: He has got an office there and staff.... MR. DUNN: I know and he is very.... September 10.101 Page dl Southold lown Board Nlecting COUNCILMAN TALBOT: Well. if cou go in there tiou kill see that he has a board of pricing, the average prices, the tonnage... MR. DUNN: I mean, the difference between ferrous metals and non-ferrous metals can be 60, 70, 80 cents a pound. Not right now but they do do that at times. Between steel and copper. Copper was up well over a dollar, when steel was I 1 cents. COUNCILMAN TALBOT: Three dollars to four dollars. Well over a dollar. MR. DUNN: No, I mean, it was a curiosity.... SUPERVISOR RUSSELL: Those are issues we have covered in the past, it has always been explained to me that we do better on the gross ton with mixed metals, if we were to itemize out we would invariably and quite possibly end up costing us money to ship the metals that have no marketability or they much less remarket value. But we can certainly get some numbers up from Jim tomorrow. MR. DUNN: I would really like to know that number. SUPERVISOR RUSSELL: Absolutely. MR. DUNN: I was there talking to one of the persons, I don't know his name or anything and I just the other day I said to him, why doesn't this get separated and he said, I don't know we have talked about doing it and he didn't know the answer you have and while we were talking, a guy came up and threw an aluminum ladder that was 30 pounds and I'm like, geez, just through that on the side but okay, it is a question. The other thing I need, I notice it because where I do live I don't want to mention that name because I said I wouldn't... SUPERVISOR RUSSELL: We have no problem with Goldsmiths, we are just not going to be talking anymore about the parking down there. MR. DUNN: The public garbage cans. SUPERVISOR RUSSELL: Yes. MR. DUNN: At Goldsmith's and I am sure everywhere, are abused. SUPERVISOR RUSSELL: Yes, they are. MR. DUNN: Is there a fine for that? SUPERVISOR RUSSELL: Yes, there is. MR. DUNN: How much? September 10. 1-013 Puge 4' Southold Town Board Meeting SUPERVISOR RUSSELL: I believe that would be considered SI.000 because there would be basically.... MR. DUNN: Make it $3,000 and stencil it on the cans. SUPERVISOR RUSSELL: You could make it $50,000. Unless we are in a position to catch people, it is not going to stop the problem. MR. DU NN: The other day.... SUPERVISOR RUSSELL: Let me just be candid for a second. We have them throughout the town, they are abused throughout the town. What we have found on a rare occasion when someone has been found to be doing it, it's people in the very community that use that as their convenient location because they don't want to take it to the transfer station or they don't want to buy a yellow bag or whatever their excuse is. They are generally community members, these aren't people that come to the beaches.... MR. DUNN: Absolutely. Nobody brings their garbage to the beach. SUPERVISOR RUSSELL: Right. MR. DUNN: Or the baseball or anywhere else. SUPERVISOR RUSSELL: And those big 55 gallon drums serve as a magnet for everything. MR. DUNN: Labor Day was a horror show there as I am sure it was other places. I don't like to point fingers at summer people that is how I started out here but people tend to go back and know they are not going to be back for a few weeks and they clean out their refrigerators and stuff, the cans were overflowing. SUPERVISOR RUSSELL: Yes. MR. DUNN: One of them actually had the gall to take all his garbage and put it in a cardboard box that had an Amazon label with his name and address on it. SUPERVISOR RUSSELL: That is something, usually, that is something I am surprised, when our guys go out there, they know they are abused. I am surprised to find that out because that is something we would have tracked down. MR. DUNN: It was a house right up the road. SUPERVISOR RUSSELL: If that is the case, you need to call me directly and I will address it. MR. DUNN: You know, I just find that if you get a few people for things like that, I was talking this morning with the same deal with the commercial guys getting the wood trimmings on the Scplcniher 10. '_'O1 3 Pau-,c 43 Southold Town Board Mccting street and they arc not supposed to do that. the city had a problem with that for a while and they just started impounding their trucks. SUPERVISOR RUSSELL: I am surprised the guy from Amazon didn't just give up figuring out between Soundview and Sound. But I would suggest if that is the case, then bring it to me because we are trying to enforce this and we will. MR. DUNN: I know it is petty but it is annoying.... SUPERVISOR RUSSELL: No, it is costly to Southold Town. MR. DUNN: If you can't spend a buck for a bag, then eat your garbage, don't leave it on everybody else. SUPERVISOR RUSSELL: Let mejust tell you, it is not petty. It costs us a great deal of money. Southold Town highway and DPW do not want to be in the garbage business but we find ourselves in the garbage carting business because of this. MR. DUNN: And one last thing, I know that it was discussed that no swimming sign at Goldsmiths at the last meeting, I understand what your response was but I have got to tell you that there is another element to that. That meeting was before Labor Day and Labor Day weekend, although it wasn't a great swimming weekend, there were people at the beach and when you see a person taking their kid or taking two kids and walking past the sign and taking those kids swimming, we are sending those kids a bad message. Now I understand the liability, why shouldn't the kid, when you have got a 9 year old kid in six or seven years is going to have his license, isn't being taught to pay attention to this sign, why should he pay attention to the 55 mile an hour signor the 45 mile an hour sign or the 30 mile an hour sign by a school. We are giving a bad message here. I understand the town has a liability but that issue of signage needs to be addressed. SUPERVISOR RUSSELL: To be perfectly candid, I am not the parent of that child, I am not sending that child a bad message. I am not the parent and I cannot speak for the actions of the parent. That falls on the feet of the parent, not this Town Board. MR. DUNN: Absolutely but I don't think this Town Board or any Town Board is really to take up the subject of banned swimming.... SUPERVISOR RUSSELL: No but our risk management company, and we did discuss after it was brought up by Mr. Terranova the prospect of putting swim at your own risk and it according to the risk management company that consults with us, those signs aren't worth the board they are printed on. You have to be bold and you have to be clear where and where not you can swim. MR. DUNN: Can they swim at the town beach after the lifeguards leave? SUPERVISOR RUSSELL: That is a good question. September 10_ ?01 > Pat-,e 44 Southold Toy+n Board Meeting COUNCILMAN TALBO"I: You can swim at town beach and you can swim over to Goldsmiths inlet, but you can't get out of the water, you have to swim back over there. It is ridiculous, you know, with insurance and with all of this stuff... SUPERVISOR RUSSELL: You know the problem is, we are self-insured and it costs us a great deal of money every year for liability insurance, so we hired a company to help us reduce that cost to the taxpayers. We follow the lead of those companies because, you know, I am trying to live within an era of 2 percent tax caps and we need to limit our exposure. MR. DUNN: I understand all of it. But I think you understand what I am saying, the opposite side of the inlet is county property. So how do we know where somebody went in the water, it is just a very muddled and I don't know, to have signs that can't be, to try to enforce it is really crazy. To have signs that can't be enforced is really crazy. Maybe the guy that told you you need those signs is a little off. Maybe he sits in an office somewhere listening to a couple of people that live on an island that is 10 feet above the water in Manhattan or somewhere else and just doesn't know what the reality is of living in a town that is surrounded by water, people go in the water to swim and to have signage that says don't swim when you know everyone is going to swim there is just mocking the whole system. That's my point that one. COUNCILMAN TALBOT: I agree with you 100 percent. MR. DUNN: I am sorry? COUNCILMAN TALBOT: I agree with you 100 percent. MR. DUNN: I mean, it just sends a bad message. It really sends a bad message and I don't think any one of you is willing to say don't swim there. I mean, some of the other road ends, I am sure, they are a rocky, muddy thing that doesn't need to be a beach, you don't need to swim there. SUPERVISOR RUSSELL: But you can't cherry pick. If we are going to get rid of the signs, get rid of them everywhere. MR. DUNN: Then maybe just get rid of the signs. Because one of the bad things about living out here is you live by the water. SUPERVISOR RUSSELL: I know. MR. DUNN: Yeah, that is a question. Have we ever been sued? SUPERVISOR RUSSELL: We get sued all the time. MR. DUNN: I mean, for swimming. I mean, where does it, you know, it's like, how many street lights do you have in town? A dozen? September 10. ?0l ; Pacc 45 Southold I own Board Meeting SUPERVISOR RUSSELL: Strect lights? MR. DUNN: Yeah. SUPERVISOR RUSSELL: No, far more than that. Nine hundred and something. COUNCILMAN RULAND: 900 and something. MR. DUNN: No, traffic lights. SUPERVISOR RUSSELL: Yeah, I would say about a dozen, tops. MR. DUNN: Okay, so you could put, you know, no offense, some lawyer can make a case you should have a traffic light on, you can't protect everybody from everything. With signs or whatever and there is a liability, there is a liability when you get up in the morning, there's liabilities when you go outside in the morning, there's liabilities when you build a building. The building could fall down. You know you can't cover all liabilities. And to put signage up that is never going to work, you are sending the wrong message. I just, you know, I am just (inaudible). SUPERVISOR RUSSELL: Okay. Tom? Tom Skabry TOM SKABRY: I am not a resident of this town and I am not here as an employee of the town but what I am here speaking to you right now is because I grew up in Peconic and Goldsmiths is a beautiful piece of property. I agree with the point you are making regarding the signage, this risk management person, he is probably covering his issue about directing you to put a sign up there. But in reality it does create more of a liability. I have asked for years why this Town Board does not get a lifeguard for Goldsmiths because I am 44 years old and I can tell you, at least 40 years I personally swam there. Not since the sign has been put up though. We all know people swim down there and if the town is really serious about covering its liabilities, then you should consider about making that a legitimate swimming area and putting a lifeguard. I know it is a moving current, it is just another certification level. I had a family member who was a lifeguard and that is why I know that information. So it is possible and I hope this Town Board will take that into consideration. SUPERVISOR RUSSELL: Yeah, beaches are regulated by Suffolk County Department of Health and if we try to designate a swimming beach we need to have facilities there. you know, look we are in a tough spot here. We are not looking to be bad guys or stop the way it is out here with the ample beaches, it is also our obligation to reduce liabilities to reduce exposure to taxpayers. Remember, we are not reducing our liability, we are reducing the liability of the taxpayer who foot the bill at the end of the day. That is what we are trying to do. We are trying to protect the residents of this town from, we live in an era, it is a very litigious era and we are trying to do the best we can and it is not some man, it is a very well respected risk management company that serves many municipalities and many private clients. This isn't some guy that comes our here on a whim and says you should do this and you should do that. septcnihcr 10. 2'01 ; Page 46 Southold Mown Board Mccting COUNCILWOMAN DOHER"IY: Unfortunately in so many situations, insurance dictates what we do and that is the world we live in now, especially in the medical world. And sometimes when we are told to do things and it is protecting us, it doesn't make sense to the common person that goes and looks down and knows the area and knows what happens. To me, it doesn't make sense. I wish we could make signs say swim at your own risk or what have you,, that would make more sense but it is the world we live in now and if this is what we are told we have to do to protect the taxpayers of the town, then this is what we have to do. MR. SKABRY: Alright, I can understand for the short term addressing the insurance issue but perhaps the Town Board should consider for next year making appropriations to put in an outhouse over there or whatever, you can put port-a-potties in there, it doesn't cost that much money for the swimming season and hire a lifeguard for swift water. I don't think it is something that is impossible. That is all. And with that, I think the whole issue of your signage issue will go away because then it is legitimate during the swimming season and you just simply put up your swim at your own risk just like you do at every other town beach. SUPERVISOR RUSSELL: Would anyone else like to address the Town Board? COUNCILMAN RULAND: 1 was merely going to suggest perhaps we could get a second opinion about the signage. SUPERVISOR RUSSELL: Sure. Okay. COUNCILMAN RULAND: That is something we can do. SUPERVISOR RUSSELL: We will certainly look into that. Robert Dunn MR. DUNN: I see your point (inaudible) it's just the idea of creating a law breaking scene, it just, it goes against me. If you are going to have a law, you enforce it. if you are not going to enforce it, don't have the law. I think it would be unenforceable and maybe your idea is the best. Get them to revisit it and tell them the flack you are getting, maybe get different verbiage on the sign. I mean I had two neighbors come out with their two kids the other day and I said to them, do you know what you are doing? I am standing right next to the sign. I said, you are breaking the law. They said, what? They didn't even see the sign and they live on Second Avenue. And they walked around and said, look. And they were flabbergasted. It is a bad message. You know, if signs go up for a purpose and if people are just going to disregard it, then it is better off not having them or enforcing them. Susan Switzer SUSAN SWITZER: Susan Switzer. I am just curious what precipitated the signs after all the years that we have never had the sign? SUPERVISOR RUSSELL: It's not the only thing, what we did was engaged the services of a risk management company to reduce our annual costs on insurance and they go out and canvass September 10. ?013 Paue 47 Southold I own Board Meeting all areas. [hey carcass the workplace. they camass our assets and thev make a series 01' recommendations. If you want to reduce your premiums. if you want to reduce your costs, this is the things that you need to do. That is exactly how it works. The signs might have just gone up but it is part of a broader view of all of our assets. MS. SWITZER: That is just my curiosity. Supervisor Russell SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any issue? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:30 P.M. * * * s CC4 e - Eliza eth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell