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Home My WebLink AboutTB-04/08/2014 April 8, 2014 Page 2 Southold Town Board Meeting III. Communications IV. Discussion 1. 9:00 Am -Jeff Standish, Deer Management Committee 2. 9:15 Am - Melissa Spiro 3. 9:30 Am - Michael Collins, Jamie Richter and Mike Verity 4. 9:45 Am - Michael Collins, and Jamie Richter 5. 10:00 Am - Michael Collins 6. 10:15 Am - Phillip Beltz 7. 10:30 Am -Jim Bunchuck 8. Street Light Request 9. LDC Creation and Appointment of Directors 10. Committee Vacancies and Re-Appointments 11. LL/Second Street,New Suffolk Parking (PH) 12. LL/Solar Energy Production Systems in LI and LIO Zones (To be Noticed) 13. Goldsmith Inlet EIS Discussion 14. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 11:33AM for the purpose of discussing the following matters: Matters Involving Employment of Particular person/s - Assessors Update on CSEA negotiationsMatters Involving Employment of Particular person/s - Assessors Update on CSEA negotiations RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 15. 11: 30 Am -EXECUTIVE SESSION - Labor 16. EXECUTIVE SESSION - Litigation April 8, 2014 Page 3 Southold Town Board Meeting 17. Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 12:54PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 18. 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 until the Regular 7:30PM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Pledge to the Flag Opening Comments Supervisor Scott A.Russelll SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance to the Flag. Thank you. What we will do at this point is ask anybody that has comments on any of the agenda items to please feel free to comment on the agenda. And after the meeting we will go to more of a comment on any issue. (No response) Let's get some work done and then we will get to the public comment. Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Thursday, January 02,2014 ✓Vote Record-Motion Yes/Aye No/Nay Abstain Absent Robert Ghosio Seconder Q ❑ ❑ ❑ Q Accepted James Dinizio Jr Voter Q ❑ ❑ ❑ ❑ Accepted as Amended William P.Ruland Voter Q ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter 10 ❑ ❑ ❑ Louisa P.Evans Mover Q ❑ ❑ ❑ Scott A.Russell Voter E1 ❑ ❑ ❑ RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday,February 25, 2014 ✓Vote Record-Motion Q Accepted Yes/Aye No/Nay Abstain Absent ❑ Accepted as Amended Robert Ghosio Seconder Q ❑ ❑ ❑ April 8, 2014 Page 4 Southold Town Board Meeting ❑ Tabled James Dinizio Jr Voter 0 ❑ ❑ ❑ William P.Roland Voter 0 ❑ ❑ ❑ Jill Doherty Voter EI ❑ ❑ ❑ Louisa P.Evans Mover 0 ❑ ❑ ❑ Scott A.Russell Voter 0 ❑ ❑ ❑ RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesda , March 11,2014 ✓Vote Record-Motion Yes/Aye No/Nay Abstain ! Absent Robert Ghosio Seconder 0 ❑ ❑ ❑ 0 Accepted James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Accepted as Amended p William P.Roland Voter 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter 0 ❑ ❑ ❑ Louisa P.Evans Mover 0 ❑ ❑ ❑ Scott A.Russell Voter _0 ❑ ❑ ❑ V. Resolutions 2014-302 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated April 8 2014. ✓Vote Record-Resolution RES-2014-302 0 Adopted • Adopted as Amended • Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Seconder 121 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Roland Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ • Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ • No Action ❑ Lost 2014-303 CATEGORY: Set Meeting DEPARTMENT. Town Clerk Set Next Regular Meeting ELIZABETH A.NEVILLE OgUFFO(� Town Hall, 53095 Main Road TOWN CLERK �oo� l'OGy PO Box 1179 H Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER y3'o! # Sao' Telephone:(631)765 - 1800 RECORDS MANAGEMENT OFFICER southol dtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING April 8, 2014 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, April 8, 2014 at the Meeting Hall, Southold,NY. Call to Order 7:30 PM Meeting called to order on April 8, 2014 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived Robert Ghosio Town of Southold Councilman Present James Dinizio Jr Town of Southold Councilman Present William P. Ruland Town Southold Councilman Present Jill Doherty Town of Southold Councilwoman 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 L Revorts 1. Zoning Board of Appeals 2. Justice Rudolph H. Bruer 3. Special Projects Coordinator 4. Department of Public Works 5. Board of Town Trustees II. Public Notices 1. NYS DOT Designation of Restricted Highway 2. NYS Liquor License Application April 8, 2014 Page 5 Southold Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, April 22, 2014 at the Southold Town Hall, Southold,New York at 4:30 P.M.. ✓Vote Record-Resolution RES-2014-303 0 Adopted • Adopted as Amended • Defeated Yes/Aye No/Nay Abstain Absent • Tabled • Withdrawn Robert Ghosio Voter D ❑ ❑ ❑ • Supervisor's Appt James Dinizio Jr Voter D ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Roland Voter 0 ❑ ❑ ❑ • Rescinded Jill Doherty Seconder: 0 ❑ ❑ ❑ • Town Clerk's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ • Supt Hgwys Appt Scott A.Russell Voter D ❑ ❑ ❑ • No Action ❑ Lost 2014-304 CATEGORY: Budget Modification DEPARTMENT: Police Dept Police Department-Donation Financial Impact: Increase the 2014 General fund Whole Town Budget for a recent donation to the Southold Town Police Department RESOLVED that the Town Board of the Town of Southold hereby increases the 2014 General Whole Town budget as follows: Revenues: A.2705.40 Gifts & Donations $500 TOTAL $500 Appropriations: A.3120.2.200.200 Office Equipment/Chairs $500 TOTAL $500 ✓Vote Record-Resolution RES-2014-304 0 Adopted Yes/Aye No/Nay Abstain Absent • Adopted as Amended • Defeated Robert Ghosio Voter 0 ❑ ❑ ❑ • Tabled James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Withdrawn William P.Roland Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter El ❑ ❑ ❑ • Tax Receiver's Appt Louisa P.Evans Voter D ❑ ❑ ❑ • Rescinded Scott A.Russell Voter D ❑ ❑ ❑ April 8, 2014 Page 6 Southold Town Board Meeting ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-305 CATEGORY: Authorize Payment DEPARTMENT: Town Clerk Refund of Special Event Fees WHEREAS the Town Board of the Town of Southold denied the application of Event Power to hold the Mighty North Fork Triathlon at the regular Town Board meeting held on March 25, 2014 and WHEREAS checks were received and deposited for the event application of$100.00 and clean- up deposit of$500.00, now therefor be it RESOLVED that a refund in the total amount of$600.00 be given to Total Training, 3620 DeMott Avenue, Wantagh,NY 11793. ✓Vote Record-Resolution RES-2014-305 0 Adopted • Adopted as Amended • Defeated Yes/Aye No/Nay Abstain Absent • Tabled Robert Ghosio Voter El ❑ ❑ ❑ • Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ • Tax Receiver's Appt William P.Ruland Seconder 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter D ❑ ❑ ❑ • Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-306 CATEGORY: Close/Use Town Roads DEPARTMENT.• Town Clerk Southold Village 4Th of July Parade at 12 Noon Financial Impact: April 8, 2014 Page 7 Southold Town Board Meeting Police Department cost for event = $452.46 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Southold Village Merchants to march from Boisseau Avenue to Tuckers Lane along Route 25 for its 16t Annual 4"' of July Parade in Southold, on Friday,July 4,2014, beginning at 12:00 noon,provided they closely adhere to the Town's policy regarding Special Events. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees associated with this event have been waived. ✓Vote Record-Resolution RES-2014-306 0 Adopted ❑ Adopted as Amended • Defeated Yes/Aye No/Nay Abstain Absent • Tabled ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Mover 0 ❑ ❑ ❑ • Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ • Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ • Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ • No Action ❑ Lost 2014-307 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Oysterponds UFSD 5K Run/Walk on May 17, 2014 Financial Impact: Police Department cost for event = $271.00 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the O_ysterponds U.F.S.D. to hold its Annual Charles Woznick Scholarship Fund 5K Run/Walk race on Saturday, May 17,2014 beginning at 10:00 AM and to use and close the following route and roads: Main Road (at school)to Platt Road, Halyoke Road, Orchard Street,Narrow River Road, Harbor Street, Douglass Street, King Street, Village Lane, and Tabor Road, Orient, New York, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Kruszeski upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees shall be waived for this event. ✓Vote Record-Resolution RES-2014-307 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Defeated James Dinizio Jr Voter 9 ❑ ❑ ❑ April 8, 2014 Page 8 Southold Town Board Meeting ❑ Tabled William P.Ruland Voter D ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter El ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Mover El ❑ ❑ ❑ • Tax Receiver's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ • Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-308 CATEGORY. Close/Use Town Roads DEPARTMENT. Town Clerk Waive Parking Regs for Salty Flyrodders RESOLVED that the Town Board of the Town of Southold hereby grants permission to Salty Flyrodders of New York to park vehicles of participating fishermen,to use town beaches on June 6, 2014 through June 8, 2014 day and night for the purpose of fly fishing, and these vehicles shall be exempt from Southold Town parking fees for those days provided: 1. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; 2. Participants must display a club card visible in the car; 3. applicant contact Captain Kruszeski of the Southold Police Department with a sample of cards and instructions for proper placement of the cards Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ✓Vote Record-Resolution RES-2014-308 0 Adopted • Adopted as Amended • Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled • Withdrawn Robert Ghosio Mover D ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Roland Voter D ❑ ❑ ❑ • Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ • Town Clerk's Appt Louisa P.Evans Seconder El ❑ ❑ ❑ • Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost April 8, 2014 Page 9 Southold Town Board Meeting 2014-309 CATEGORY.• Employment-Town DEPARTMENT. Accounting Amend Resolution No. 2014-282 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2014- 282 dated March 25, 2014 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Marvin Knight from the position of Mini Bus Driver in the Human Services Department, effective April 4 2014. ✓Vote Record-Resolution RES-2014-309 0 Adopted • Adopted as Amended • Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ • Supervisor's Appt James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Seconder 0 ❑ 11 ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ • Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ • No Action ❑ Lost 2014-310 CATEGORY: Employment-Town DEPARTMENT.• Accounting Authorizes PT Minibus Driver Vito DiVello to Work FT WHEREAS the Town's Programs for the Aging's driver pool is short employees and the Town Board has determined that the Program's pool requires full-time coverage until pool is refilled in approximately 4 weeks, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes Part-Time Mini Bus Driver Vito M. DiVello to work full-time to cover this shortage starting on April 9, 2014; rate of pay at Mr. DiVello's existing rate of$16.93 per hour. ✓Vote Record-Resolution RES-2014-310 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter 21 ❑ ❑ ❑ April 8, 2014 Page 10 Southold Town Board Meeting ❑ Defeated James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P.Ruland Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-311 CATEGORY. Employment-Town DEPARTMENT.• Recreation Establish Summer Seasonal Employee Salaries Resolved that the Town Board of the Town of Southold establish the following seasonal employee salary schedule for 2014 summer employees of the recreation department as follows: STILLWATER LIFEGUARDS 1 st year..................................................................... $12.17/hour 2ndyear..................................................................... $1 24 4/hour 3rd year..................................................................... $12.72/hour 4th year..................................................................... $12.99/hour 5th year..................................................................... $13.27/hour 6th year..................................................................... $13.54/hour 7th year..................................................................... $13.82/hour 8th year..................................................................... $14.09/hour 9th year ..................................................................... $14.37/hour BEACH ATTENDANTS 1 st year.................................................................. $9.42/hour 2ndyear..................................................................... $9.58/hour 3rdyear..................................................................... $9.75/hour 4thyear..................................................................... $9.91/hour 5th year..................................................................... $10.08/hour 6thyear..................................................................... $1 02 4/hour 7thyear..................................................................... $10.42/hour 8th year..................................................................... $10.60/hour 9th year...................................................................... $10.78/hour April 8, 2014 Page 11 Southold Town Board Meeting RECREATION SPECIALISTS (WATER SAFETY INSTRUCTORS) 1 st year..................................................................... $16.57/hour 2ndyear..................................................................... $16.82/hour 3rdyear..................................................................... $17.07/hour 4thyear..................................................................... $17.32/hour 5th year..................................................................... $17.57/hour 6thyear..................................................................... $17.82/hour 7thyear..................................................................... $18.07/hour 8thyear..................................................................... $18.32/hour 9thyear ..................................................................... $18.57/hour BEACH MANAGERS 1 st year..................................................................... $13.54/hour 2nd year..................................................................... $13.84/hour 3rd year..................................................................... $14.14/hour 4thyear..................................................................... $14.44/hour 5thyear..................................................................... $14.74/hour 6th year..................................................................... $15.04/hour 7thyear..................................................................... $15.34/hour 8th year..................................................................... $15.64/hour 9thyear...................................................................... $15.94/hour LIFEGUARD TRAINER 1 st year..................................................................... $15.74/hour 2nd year..................................................................... $15.99/hour 3rdyear..................................................................... $16.24/hour 4th year..................................................................... $16.49/hour 5th year...................................... ..................... $1 . .......... 6 74/hour 6th year..................................................................... $16.99/hour 7th year..................................................................... $17.24/hour 8thyear..................................................................... $17.49/hour 9thyear...................................................................... $17.74/hour And be it further resolved that the Town Board of the Town of Southold authorizes the issuance of free beach parking permits to the following employees: Water Safety Instructors, Beach Attendants, Lifeguards, Lifeguard Trainer, Beach Managers, and Recreation Supervisor Kenneth Reeves. ✓Vote Record-Resolution RES-2014-311 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended • Defeated Robert Ghosio Voter 0 ❑ ❑ ❑ • Tabled James Dinizio Jr Voter 0 ❑ ❑ 0 • Withdrawn William P.Ruland Mover : 0 ❑ ❑ • Supervisor's Appt Jill Doherty Voter El ❑ ❑ ❑ • Tax Receiver's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ • Rescinded Scott A.Russell Voter 0 ❑ ❑ ❑ April 8, 2014 Page 12 Southold Town Board Meeting ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-312 CATEGORY: Budget Modification DEPARTMENT: Engineering Budget Modification-2014 Engineering Intern Financial Impact: Cost of intern for Summer 2014 to be taken from existing Engineering Budget lines. No net impact on budget. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 Engineering Department budget as follows: From: A.1440.2.100.100 Field Equipment $1,500 A.1440.4.400.300 MS4 Brochure Printing $1,500 A.1440.4.500.200 MS4 Water Quality Testing $3,000 A.1440.4.600.800 MS4 Advertising $1,000 TOTAL: $7,000 To: A.1440.1.300.100 Seasonal Regular Earnings $6,750 A.1440.1.300.200 Seasonal Overtime Earnings $250 TOTAL: $7,000 ✓Vote Record-Resolution RES-2014-312 0 Adopted • Adopted as Amended • Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled • Withdrawn Robert Ghosio Seconder El ❑ ❑ ❑ • Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ • Tax Receiver's Appt William P.Ruland Voter 0 ❑ ❑ ❑ • Rescinded Jill Doherty Voter D ❑ ❑ ❑ • Town Clerk's Appt Louisa P.Evans Mover 0 ❑ ❑ • Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost April 8, 2014 Page 13 Southold Town Board Meeting 2014-313 CATEGORY. Public Service DEPARTMENT.• Town Clerk Appoint Karen B Bloom as a Temporary Marriage Officer RESOLVED the Town Board of the Town of Southold hereby appoints Karen B. Bloom as a Temporary Marriage Officer for the Town of Southold, on September 27, 2014 only, to serve at no compensation. ✓Vote Record-Resolution RES-2014-313 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Mover Q ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter Q ❑ ❑ ❑ • Tax Receiver's Appt William P.Ruland Voter Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder Q ❑ ❑ ❑ • Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ • No Action ❑ Lost .......... 2014-314 CATEGORY. Contracts,Lease &Agreements DEPARTMENT. Town Attorney IIIC Nutrition Program Agreement W/SC Office for Aging/HRC RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Consultant/Personal Services Contract between the Suffolk County Office for the Aging and the Town of Southold for the IIIC Nutrition Programs, for the period January 1, 2014 through December 31, 2014, for congregate dining and home delivered meals for the elderly, at no cost to the Town, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2014-314 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio ' Voter Q ❑ ❑ ❑ ❑ Defeated • Tabled James Dinizio Jr Mover Q ❑ ❑ ❑ • Withdrawn William P.Roland Seconder Q ❑ ❑ ❑ • Supervisor's Appt Jill Doherty Voter Q ❑ ❑ ❑ • Tax Receiver's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter Q ❑ ❑ ❑ April 8, 2014 Page 14 Southold Town Board Meeting ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-315 CATEGORY.• Bid Acceptance DEPARTMENT: Solid Waste Management District Accept Proposal for SWMD Facilities Permit Application RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of L.K. McLean Associates, P.C. to provide professional services for the preparation of a Solid Waste Facilities Permit for the Solid Waste Management District, as required by NYSDEC, for the fee of$22,500, all in accordance with the Solid Waste Coordinator, the Town Engineer, and the Town Attorney. ✓Vote Record-Resolution RES-2014-315 0 Adopted ❑ Adopted as Amended • Defeated • Tabled Yes/Aye No/Nay Abstain Absent • Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ • Tax Receiver's Appt William P.Ruland Seconder 0 ❑ ❑ ❑ • Rescinded Jill Doherty Mover 0 ❑ ❑ ❑ • Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ • Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-316 CATEGORY: Attend Seminar DEPARTMENT.• Building Department Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Electrical Inspector Roger Richert to attend a seminar on Swimming Pools, in Copiague,New York, on April 14 & 16, 2014. All expenses for registration and travel to be a legal charge to the 2014 Building Department budget (meetings and seminars). April 8, 2014 Page 15 Southold Town Board Meeting ✓Vote Record-Resolution RES-2014-316 0 Adopted ❑ Adopted as Amended • Defeated Yes/Aye No/Nay Abstain Absent • Tabled • Withdrawn Robert Ghosio Voter 2 ❑ ❑ ❑ • Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Mover 0 ❑ ❑ ❑ • Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ • Town Clerk's Appt Louisa P.Evans Seconder 2 ❑ ❑ ❑ • Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-317 CATEGORY.- Budget Modification DEPARTMENT: Human Resource Center Budget Modification Reallocation for Vacation Time Payout. Financial Impact: Reallocation for vacation time payout. RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town budget as follows: From Appropriations A.6772.1.100.100 Programs for the Aging $3,200.00 Personal Services Full-time employees Regular earnings To: Appropriations A.6772.1.100.300 Programs for the Aging $3,200.00 Personal Services Full-time employees Vacation earnings ✓Vote Record-Resolution RES-2014-317 2 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended • Defeated Robert Ghosio Seconder 2 ❑ ❑ ❑ • Tabled James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Withdrawn William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter 0 ❑ ❑ 11 April 8, 2014 Page 16 Southold Town Board Meeting ❑ Tax Receiver's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-318 CATEGORY.• Public Service DEPARTMENT.• Town Clerk Fireworks Permit to Star Hose Company of the Greenport Fire Department for a Fireworks Display on May 24, 2014 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 Star Hose Company of the Greenport Fire Department, for a fireworks display on May 24, 2014 (r/d 5/25/14), at Greenport High School's field, Greenport,New York 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. ✓Vote Record-Resolution RES-2014-318 0 Adopted • Adopted as Amended • Defeated • Tabled Yes/Aye No/Nay Abstain Absent • Withdrawn Robert Ghosio Mover 0 0 ❑ • Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter 0 ❑ ❑ ❑ • Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ • Town Clerk's Appt Louisa P.Evans Seconder E1 ❑ ❑ ❑ • Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-319 CATEGORY.• Budget Modification DEPARTMENT: Information Technology Information Technologies Budget Modification Financial Impact: Financial Impact is within the I.T. budget. April 8, 2014 Page 17 Southold Town Board Meeting RESOLVED,that the Town Board of the Town of Southold hereby modifies the 2014 General Fund Whole Town budget as follows: From: A.1680.1.100.200 Data Processing, P.S. Overtime Earnings $2,500.00 Total: $2,500.00 To: A.1680.1.100.400 Data Processing, P.S. Sick Earnings $2,500.00 Total: $2,500.00 ✓Vote Record-Resolution RES-2014-319 0 Adopted ❑ Adopted as Amended • Defeated Yes/Aye No/Nay Abstain Absent • Tabled ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ • Supervisor's Appt James Dinizio Jr Mover El ❑ ❑ ❑ • Tax Receiver's Appt William P.Ruland Voter 0 ❑ ❑ ❑ • Rescinded Jill Doherty Seconder 0 ❑ ❑ ❑ • Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ • Supt Hgwys Appt Scott A.Russell Mover El ❑ ❑ ❑ • No Action ❑ Lost 2014-320 CATEGORY. Bid Acceptance DEPARTMENT. Town Clerk Accept Bids for Used Hwy Equipment RESOLVED the Town Board of the Town of Southold hereby accepts the bid of Chris Mohr Lawncare & Landscaping Inc., P O Box 48, Cutchogue, New York 11935 for the purchase of the following pieces of Used Highway Equipment, all in accordance with the Town Attorney: 54 inch Spherical steel mooring buoy $777.00 #1 —Large offset large "V"plow $375.00 #2—Large offset large "V"plow $395.00 #3 —Large offset large "V"plow $425.00 #4—Large offset large "V"plow $435.00 ✓Vote Record-Resolution RES-2014-320 0 Adopted I Yes/Aye No/Nay Abstain Absent April 8, 2014 Page 18 Southold Town Board Meeting ❑ Adopted as Amended Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Defeated James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P.Ruland Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Voter 0 ❑ O ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-321 CATEGORY.• Employment-Town DEPARTMENT: Accounting Amend Resolution No. 2014-173 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2014-173 dated February 11, 2014 to read as follows: RESOLVED that the Town Board of the Town of Southold/Location C hereby establishes the following as standard workdays for elected and appointed officials and will report the following days worked to the New York State and the Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Title Name Standard Term Participates Days/ Tier 1 Not Work Begins/Ends in Employer's Months (Check Submitted Day Time (based on only if (Check box if (Hrs/day) Keeping Records member no record of System(Y/N) of is in Tier activities Activities) 1) completed or timekeeping system) Zoning Board of Appeals Member George Horning 1/1/12-12/31/16 N 5.64 El 6.00 BE IT FURTHER RESOLVED, that said standard is being established to meet the accounting requirements of the New York State Employees Retirement System for calculation of retirement benefits, and BE IT FURTHER RESOLVED, that the Town Clerk be and she hereby is authorized to send a certified copy of this resolution to the New York State Employees Retirement System. April 8, 2014 Page 19 Southold Town Board Meeting ✓Vote Record-Resolution RES-2014-321 0 Adopted ❑ Adopted as Amended • Defeated Yes/Aye No/Nay Abstain Absent • Tabled • Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ • Supervisor's Appt James Dinizio Jr Voter EI ❑ ❑ ❑ • Tax Receiver's Appt William P.Ruland Mover 0 ❑ ❑ ❑ • Rescinded Jill Doherty Voter EI ❑ ❑ ❑ • Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ • Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-322 CATEGORY: Seqra DEPARTMENT. Town Attorney SEQR,4 LL/Second Street Parking, New Suffolk RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed local law entitled"A Local Law in relation to Parking on Second Street in the Hamlet of New Suffolk" is classified as a Type II action pursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. ✓Vote Record-Resolution RES-2014-322 0 Adopted • Adopted as Amended • Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent • Withdrawn Robert Ghosio Seconder D ❑ ❑ ❑ • Supervisor's Appt James Dinizio Jr Voter D ❑ ❑ • Tax Receiver's Appt William P.Ruland Voter El ❑ ❑ ❑ • Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ • Town Clerk's Appt Louisa P.Evans Mover D ❑ ❑ ❑ • Supt Hgwys Appt Scott A.Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-323 CATEGORY.• Close/Use Town Roads April 8, 2014 Page 20 Southold Town Board Meeting DEPARTMENT• Town Clerk American Diabetes Bike Ride 2014 Financial Impact: Police Department cost for Event = $32.92 RESOLVED the Town Board of the Town of Southold hereby grants permission to the American Diabetes Association to use the following roads for their Annual Bike Ride event, Tour de Cure on Saturday, June 7, 2014, from 6:00 a.m. to 4:00 p.m.: Route 25, Cox Lane, CR 48, Mill Road, Peconic Lane, Albertson Lane, Moores Lane, Stars Road, Cedar Drive, Aquaview Avenue, Rocky Point Rd, Soundview Avenue, Hortons Lane, Kenneys Road, Mill Lane,North Sea Drive, Leeton Drive, West Drive, Lake Drive, Bridge Lane, Oregon Road, Grand Avenue, Wickham Avenue, Marys Road,New Suffolk Avenue, 5th Street, Bay Avenue, Depot Lane,New Suffolk Road, Peconic Bay Boulevard, Cox Lane and Mt. Beulah Avenue throughout Southold Town, providing they comply with all the regulations included in the Town's Policy for Special Events on Town Properties and Roads and the Special Events Law in the Southold Town Code. The town stresses that the total number of riders must be limited to 600 or less. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees for this event have been waived. ✓Vote Record-Resolution RES-2014-323 0 Adopted ❑ Adopted as Amended ❑ Defeated • Tabled Yes/Aye No/Nay Abstain Absent • Withdrawn Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Seconder 0 ❑ ❑ ❑ • Rescinded Jill Doherty Voter 0 ❑ ❑ 0 • Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ 0 • Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-324 CATEGORY: Local Law Public Hearing DEPARTMENT.• Town Attorney PH 516114 @ 7:32 PM LL/LI&LIO Solar Code WHEREAS, there has been resented to the Town Board of the Town of Southold, Suffolk County, New York, on the 8t day of April, 2014, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar Energy April 8, 2014 Page 21 Southold Town Board Meeting Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones" 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 6'h day of May, 2014, at 7:32 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 Amendments to Chapter 280, Zoning, to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones" reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. It is the intention of the Town Board of the Town of Southold as part of its goal to limit dependence on imported fossil energy, and decrease greenhouse gas emissions to permit commercial solar energy production systems with special exception approval in the Light Industrial and Light Industrial Office Zones to minimize impacts to residents and scenic viewsheds important to the community. 11. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. Commercial Solar Energy Production System—an arrangement or combination of components installed upon land that utilize solar radiation to produce energy designed to provide electricity for on-site or off-site use pursuant to a power purchase agreement. §280-58. Use regulations. 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, except subsection (B)(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be and subject to site plan approval by the Planning Board: (10) Commercial Solar Energy Production System, subject to the following criteria: (a) The commercial solar energy system shall not be on a parcel of less than five [51 acres. (b) All ground-mounted panels shall not exceed the height of 8' (c) All mechanical equipment of commercial solar energy system including any structure for batteries or storage cells, are completely enclosed by a minimum eight(8) foot high fence with a self-locking gate. (d) Notwithstanding any requirement in Section 280-59 of this Chapter, the total surface area of all ground-mounted and freestanding solar collectors, including April 8, 2014 Page 22 Southold Town Board Meeting solar photovoltaic cells, panels, and arrays, shall not exceed 80% of the total parcel area. (e) The installation of a vegetated perimeter buffer to provide year round screening of the system from adjacent properties. (f) All solar energy production systems are designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and ri hts-of- way. (g) All on-site utility and transmission lines are, to the extent feasible placed underground. (h) The installation of a clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. G) The system is designed and situated to be compatible with the existing uses on adjacent and nearby properties. In approving a special exception, the Planning Board may waive or modify any o the above criteria if it finds that there is no detriment to public health, safety and welfare. (k) Any special exception approval granted under this article shall have a term of twenty years, commencing from the grant of the special exception which may be extended for additional five-year terms upon application to the Planning Board. (1) Decommissioning/Removal: (i) Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy productions stem is located shall remove all components thereof within 90 days of such deemed abandomnent or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days, the Building Inspectors may give the owner notice that unless the removal is accomplished within 30 days the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as April 8, 2014 Page 23 Southold Town Board Meeting aforesaid together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors who shall in the preparation of the next assessment roll assess such amount upon such property. Such amount shall be included in the levy gainst such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. (ii) This section is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health, safety general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of the Town Law Section 64(5-a) and govern the subject of removal of commercial solar energy production systems in this chapter. §280-62. Use regulations. 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, except subsection(B)(10) which may be permitted as a special exception by the Planning Board and all such special exception uses shall be and subject to site plan approval by the Planning Board: (10) Commercial Solar Energy Production System, subject to the following criteria: (aa) The commercial solar energy system shall not be on a parcel of less than five 151 acres. (b) All ground-mounted panels shall not exceed the height of 8' (c) All mechanical equipment of commercial solar energysystem, including any structure for batteries or storage cells, are completely enclosed by a minimum eight (8) foot high fence with a self-locking gate. (d) Notwithstanding any requirement in Section 280-63 of this Chapter,the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells panels, and arrays, shall not exceed 80%of the total parcel area. (e) The installation of a vegetated perimeter buffer to provide year round screening of the system from adjacent properties. (f) All solar energy production systems are designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of- way• (g) All on-site utility and transmission lines are, to the extent feasible, placed underground. (h) The installation of a clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. April 8, 2014 Page 24 Southold Town Board Meeting (i) The system is designed and situated to be compatible with the existing uses on adjacent and nearby properties. (j) In approving a special exception,the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (k) Any special exception approval granted under this article shall have a term of twenty years, commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the Planning Board. (1) Decommissioning/Removal: (i Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days, the Building Inspectors may give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. (ii) This section is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of April 8, 2014 Page 25 Southold Town Board Meeting Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of the Town Law Section 64(5-a) and govern the subject of removal of commercial solar energy production systems in this chapter. §280-138. Fee schedule for site plan applications. D. The fee for new site plan applications for commercial solar energy production systems pursuant to 28� 058(B)(l 0) and §280-62(B)(I 0) shall be a flat fee of$3,000.00 and the fee for an amendment to a site plan application for commercial solar energy production systems shall be $2,000.00. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2014-324 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled • Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ • Supervisor's Appt James Dinizio Jr Mover El ❑ ❑ ❑ • Tax Receiver's Appt William P.Ruland Voter 0 ❑ ❑ ❑ • Rescinded Jill Doherty Seconder 0 ❑ ❑ ❑ • Town Clerk's Appt Louisa P.Evans Voter El ❑ ❑ ❑ • Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ • No Action ❑ Lost 2014-325 CATEGORY. Legislation DEPARTMENT: Town Attorney LLILI&LIO Solar 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 April 8, 2014 Page 26 Southold Town Board Meeting Amendments to Chapter 280, Zoning, to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones"to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. ✓Vote Record-Resolution RES-2014-325 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent • Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ • Supervisor's Appt James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Seconder 0 ❑ ❑ ❑ • Rescinded Jill Doherty Mover El ❑ ❑ ❑ • Town Clerk's Appt Louisa P.Evans Voter El ❑ ❑ ❑ • Supt Hgwys Appt Scott A.Russell Mover El ❑ ❑ ❑ • No Action ❑ Lost 2014-326 CATEGORY. Committee Appointment DEPARTMENT: Town Clerk Anti-Bias Task Force Reappointments RESOLVED the Town Board of the Town of Southold hereby reappoints Loretta Hatzel-Geraci, Jean LePre, Eleanor Lingo,Nydia Portillo and Carolyn G. Peabody to the Anti-Bias Task Force through March 31, 2017. ✓Vote Record-Resolution RES-2014-326 0 Adopted ❑ Adopted as Amended • Defeated • Tabled Yes/Aye No/Nay Abstain Absent • Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ • Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ • Tax Receiver's Appt William P.Ruland Mover 0 ❑ ❑ ❑ • Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ • Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ • Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost April 8, 2014 Page 27 Southold Town Board Meeting 2014-327 CATEGORY.• Committee Appointment DEPARTMENT. Town Clerk Agricultural Advisory Committee Reappointments RESOLVED the Town Board of the Town of Southold hereby reappoints Jim Glover, Leander B. Glover, Jr and Thomas C. Stevenson to the Agricultural Advisory Committee through March 13, 2017. ✓Vote Record-Resolution RES-2014-327 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent • Tabled Robert Ghosio Seconder Q ❑ ❑ ❑ ❑ Withdrawn -- James Dinizio Jr Voter Q ❑ ❑ ❑ • Supervisor's Appt ❑ Tax Receiver's Appt William P.Roland Voter Q ❑ ❑ ❑ • Rescinded Jill Doherty Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover Q ❑ ❑ ❑ • Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-328 CATEGORYY.• Committee Appointment DEPARTMENT: Town Clerk Architectural Review Committee Reappointments RESOLVED the Town Board of the Town of Southold hereby reappoints Architect Mark Schwartz, Fishers Island Liaison Reynolds duPont Jr., Patricia Butler,Nicholas J. Planamento and Howard Meinke to the Architectural Review Committee through March 31, 2017. ✓Vote Record-Resolution RES-2014-328 Q Adopted • Adopted as Amended Yes/Aye No/Nay Abstain Absent ...._........ • Defeated Robert Ghosio Mover Q ❑ ❑ ❑ ❑ Tabled James Dinizio Jr Voter Q ❑ ❑ ❑ ❑ Withdrawn William P.Roland Voter Q ❑ ❑ ❑ • Supervisor's Appt Jill Doherty Voter Q ❑ ❑ ❑ • Tax Receiver's Appt Louisa P.Evans Seconder Q ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt April 8, 2014 Page 28 Southold Town Board Meeting ❑ No Action ❑ Lost 2014-329 CATEGORY.• Committee Appointment DEPARTMENT. Town Clerk Reappointment to Ethics Board RESOLVED the Town Board of the Town of Southold hereby reappoints William Grigonis to the Ethics Board through March 31, 2019. ✓Vote Record-Resolution RES-2014-329 El Adopted • Adopted as Amended • Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Withdrawn • Supervisor's Appt James Dinizio Jr Mover D ❑ ❑ ❑ • Tax Receiver's Appt William P.Ruland Voter D ❑ ❑ ❑ ❑ Rescinded Jill Doherty Seconder IZI ❑ ❑ ❑ • Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ • Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ • No Action ❑ Lost 2014-330 CATEGORY. Committee Appointment DEPARTMENT: Town Clerk Reappointment to the Conservation Advisory Council RESOLVED the Town Board of the Town of Southold hereby reappoints John Stein to the Conservation Advisory Council through March 31, 2016 ✓Vote Record-Resolution RES-2014-330 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter El ❑ ❑ ❑ ❑ Defeated James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P.Ruland Seconder El ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Mover 0 ❑ ❑ ❑ April 8, 2014 Page 29 Southold Town Board Meeting • Supervisor's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ • Tax Receiver's Appt Scott A.Russell Voter El ❑ ❑ ❑ • Rescinded • Town Clerk's Appt • Supt Hgwys Appt ❑ No Action ❑ Lost 2014-331 CATEGORY.- Committee Appointment DEPARTMENT: Town Clerk Appoint Economic Development Committee Members RESOLVED that the Town Board of the Town of Southold hereby reappoints the following individuals to serve on the Economic Development Committee for a term to expire March 31, 2015: Amy Burns Donielle Cardinale Anthony Cocheo Linton Duell Stephen Latham Rona Smith John Stype Ian Wile Carolyn Fahey, Ex-officio, Intergovernmental Relations Coordinator, Suffolk County Department of Economic Development and Workforce Housing Phillip Beltz, Special Projects Coordinator ✓Vote Record-Resolution RES-2014-331 0 Adopted • Adopted as Amended • Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ • Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ • Tax Receiver's Appt William P.Roland Mover 0 ❑ ❑ ❑ • Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ • Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ • Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost April 8, 2014 Page 30 Southold Town Board Meeting 2014-332 CATEGORY. Committee Appointment DEPARTMENT. Town Clerk Reappointments to Housing Advisory Committee RESOLVED the Town Board of the Town of Southold hereby reappoints LeRoy Heyliger and Daniel Sarnowski to the Housing Advisory Committee through March 31, 2016. ✓Vote Record-Resolution RES-2014-332 El Adopted • Adopted as Amended • Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Seconder Q ❑ ❑ ❑ • Rescinded Jill Doherty Voter Q ❑ ❑ ❑ • Town Clerk's Appt Louisa P.Evans Mover Q ❑ ❑ ❑ • Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-333 CATEGORY.• Committee Appointment DEPARTMENT. Town Clerk Reappointments to Land Preservation Committee RESOLVED the Town Board of the Town of Southold hereby reappoints Lillian Ball and Anne Murray to the Land Preservation Committee through March 31, 2016. ✓Vote Record-Resolution RES-2014-333 Q Adopted • Adopted as Amended Yes/Aye No/Nay Abstain Absent • Defeated Robert Ghosio Mover Q ❑ ❑ ❑ ❑ Tabled James Dinizio Jr Voter Q ' ❑ ' ❑ ❑ • Withdrawn William P.Ruland Voter Q ❑ ❑ ❑ • Supervisor's Appt • Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ Louisa P.Evans Seconder Q ❑ ❑ ❑ • Rescinded • Town Clerk's Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action April 8, 2014 Page 31 Southold Town Board Meeting ❑ Lost 2014-334 CATEGORY.• Committee Appointment DEPARTMENT: Town Clerk Reappointments to the Police Advisory Committee RESOLVED the Town Board of the Town of Southold hereby reappoints Joseph Borrelli to the Police Advisory Committee through March 31, 2016. -,'Vote Record-Resolution RES-2014-334 H Adopted • Adopted as Amended • Defeated Yes/Aye No/Nay Abstain Absent • Tabled ❑ Withdrawn Robert Ghosio Voter El ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter D ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder, 0 ❑ ❑ ❑ • Supt Hgwys Appt Scott A.Russell Voter D ❑ ❑ ❑ • No Action ❑ Lost 2014-335 CATEGORY.• Committee Appointment DEPARTMENT: Town Clerk Reappointments to Transportation Commission RESOLVED the Town Board of the Town of Southold hereby reappoints Margaret Brown and Frank Field to the Transportation Commission through March 31, 2017. ✓Vote Record-Resolution RES-2014-335 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter Rl ❑ ❑ ❑ • Defeated James Dinizio Jr Voter 0 ❑ ❑ ❑ • Tabled William P.Roland Voter 0 ❑ ❑ ❑ • Withdrawn Jill Doherty Mover 0 ❑ ❑ ❑ • Supervisor's Appt Louisa P.Evans Seconder El ❑ ❑ ❑ April 8, 2014 Page 32 Southold Town Board Meeting ❑ Tax Receiver's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded • Town Clerk's Appt • Supt Hgwys Appt ❑ No Action ❑ Lost 2014-336 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Reappointments to Tree Committee RESOLVED the Town Board of the Town of Southold hereby reappoints Gerard Orientale, Derek Bossen and Fishers Island Representative Peter Burr to the Tree Committee through March 31, 2017. ✓Vote Record-Resolution RES-2014-336 0 Adopted • Adopted as Amended • Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Roland Mover 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ • Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ • Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-337 CATEGORY. Committee Appointment DEPARTMENT: Town Clerk Youth Bureau Board Reappointments RESOLVED the Town Board of the Town of Southold hereby appoints Robert Duffin and Cristina Witzke to the Youth Bureau Board through March 31, 2016. ✓Vote Record-Resolution RES-2014-337 0 Adopted Yes/Aye No/Nay Abstain Absent April 8, 2014 Page 33 Southold Town Board Meeting • Adopted as Amended Robert Ghosio Seconder IZI ❑ ❑ ❑ • Defeated James Dinizio Jr Voter lZ ❑ ❑ ❑ ❑ Tabled William P.Roland Voter Q ❑ ❑ ❑ • Withdrawn Jill Doherty Voter El ❑ ❑ ❑ • Supervisor's Appt Louisa P.Evans Mover El ❑ ❑ ❑ • Tax Receiver's Appt Scott A.Russell Voter IZI ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-338 CATEGORY. Committee Appointment DEPARTMENT: Town Clerk Reappointments to the Dredging Advisory Committee RESOLVED the Town Board of the Town of Southold hereby reappoints Eugene Burger, Robert Lehnert, Peter R. McGreevy and Chris R. Showalter to the Dredging Advisory Committee through March 31, 2016. ✓Vote Record-Resolution RES-2014-338 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - Robert Ghosio Mover IZI ❑ ❑ ❑ • Withdrawn • Supervisor's Appt James Dinizio Jr Voter El ❑ ❑ ❑ • Tax Receiver's Appt William P.Roland Seconder El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter IZI ❑ ❑ ❑ • Town Clerk's Appt Louisa P.Evans Voter El ❑ ❑ ❑ • Supt Hgwys Appt Scott A.Russell Voter 13 ❑ ❑ ❑ • No Action ❑ Lost 2014-339 CATEGORY. Contracts, Lease &Agreements DEPARTMENT: Town Attorney Retain Ferguson Development Associates/LDC April 8, 2014 Page 34 Southold Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby authorizes the retention of Ferguson Development Associates, Inc. for the purpose of providing consulting services to the Town of Southold in connection with the creation, organization and administration of a Local Development Corporation, for a period of one year commencing May 1, 2014, in accordance with their proposal dated February 9, 2014, at a cost not to exceed $20,000 plus disbursements, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2014-339 Q Adopted • Adopted as Amended • Defeated .. Yes/Aye No/Nay Abstain Absent • Tabled .. ............ Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Withdrawn • Supervisor's Appt James Dinizio Jr Mover Q ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Roland Seconder Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ • Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ • No Action ❑ Lost 2014-340 CATEGORY. Support/Non-Support Resolution DEPARTMENT: Town Attorney Oppose Bill A-8163IS-5956-Long Island Water Pollution Control Act WHEREAS, there is pending in the Environmental Conservation Committee of the New York State Legislature a Bill No. A-8163 (Sweeney)/S-5956 (LaValle)which seeks to amend the Environmental Conservation Law to establish the "Long Island Water Pollution Control Act", and WHEREAS, the Town Board of the Town of Southold, upon review of the proposed Bill, has determined that neither the Commission nor the Plan contemplated therein will serve the best interests of the residents of the Town of Southold; now, therefore, be it RESOLVED that the Town Board of the Town of Southold opposes the adoption of Bill A- 8163/S-5956 by the New York State Legislature seeking to enact the "Long Island Water Pollution Control Act" and further authorizes Supervisor Scott A. Russell to execute any documents required to oppose this legislation. ✓Vote Record-Resolution RES-2014-340 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Defeated James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Tabled William P.Ruland Seconder Q ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Mover 10 ❑ ❑ ❑ April 8, 2014 Page 35 Southold Town Board Meeting • Supervisor's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ • Tax Receiver's Appt Scott A.Russell Voter Rl ❑ ❑ ❑ • Rescinded • Town Clerk's Appt • Supt Hgwys Appt • No Action ❑ Lost 2014-342 CATEGORY.• Employment-Town DEPARTMENT. Accounting Appoint Tracey Dwyer PT Clerk Typist RESOLVED that the Town Board of the Town of Southold hereby appoints Tracey Dwyer to the position of part-time Clerk Typist for the Building Department effective April 21, 2014, at a rate of$13.78 per hour. ✓Vote Record-Resolution RES-2014-342 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Seconder D ❑ ❑ ❑ ❑ Withdrawn • Supervisor's Appt James Dinizio Jr Voter D ❑ ❑ ❑ • Tax Receiver's Appt William P.Ruland Voter 0 ❑ ❑ ❑ • Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ • Supt Hgwys Appt Scott A.Russell Mover El ❑ ❑ ❑ • No Action ❑ Lost 2014-341 CATEGORY.• Enact Local Law DEPARTMENT.• Town Clerk Enact LL/Second Street, New Suffolk, Parking WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 25th day of March, 2014, a Local Law entitled "A Local Law in relation to Parking on Second Street in the Hamlet of New Suffolk" and April 8, 2014 Page 36 Southold Town Board Meeting WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard,Now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Parking on Second Street in the Hamlet of New Suffolk" reads as follows: LOCAL LAW NO. 2014 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: I. Purpose. Parking on Second Street from June through August 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 from June through August 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. II. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: §260-10. Parking prohibited during certain months. The parking of vehicles is hereby prohibited during the months indicated (both inclusive) in any of the following locations: Name of Street Side During Months of Location (both inclusive) Second Street Both June to August 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 as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2014-341 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter D ❑ ❑ ❑ ❑ Defeated James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P.Roland Seconder D ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter El ❑ ❑ 11 April 8, 2014 Page 37 Southold Town Board Meeting ❑ Rescinded • Town Clerk's Appt • Supt Hgwys Appt ❑ No Action ❑ Lost 42. Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell VI. Public Hearings PH 4/8/14 @ 7:32 PM LL/Second Street,New Suffolk,Parking COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 25th day of March, 2014, a Local Law entitled "A Local Law in relation to Parking on Second Street in the Hamlet of New Suffolk" and NOTICE IS HERBY 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 8th day of April,2014, at 7:32 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. 2014 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: I. Purpose. Parking on Second Street from June through August 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 from June through August to protect the public and restrict the public's ability to block the ordinary flow of traffic. Accordingly, an Amendment to April 8, 2014 Page 38 Southold Town Board Meeting Chapter 260 is warranted. II. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: §260-10. Parking prohibited during certain months. The parking of vehicles is hereby prohibited during the months indicated (both inclusive) in any of the following locations: Name of Street Side During Months of Location (both inclusive) Second Street Both June to August 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 as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have an affidavit of posting on the Town Clerk bulletin board, signed by Elizabeth Neville. I do have an affidavit of publication in the Suffolk Times newspaper. I do have a letter from the Southold Planning Board, signed by Mark Terry, principal planner. `The SEQRA review of the local law entitled a local law in relation to parking on Second Street in the hamlet of New Suffolk, the proposed action has been reviewed to chapter 130 environmental quality review of the Southold town code and New York State Department of Environmental Conservation regulation 6 NYCCRR part 617, state environmental quality review. It is my determination that pursuant to this part, the action is considered to be a type II action and therefore is not subject to SEQRA review.' Southold LWRP coordinator, `The proposed local law has been reviewed to chapter 268, waterfront consistency review of the Town of Southold town code and the LWRP policy standards and it has been found to be consistent with LWRP.' And finally, I have a letter from Suffolk County Department of Planning, `Pursuant to the requirements of sections A14-14 to 14-25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or a disapproval.' And this is signed by Andrew P. Freleng,the chief planner. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Supervisor Russell SUPERVISOR RUSSELL: Would anybody like to comment on this particular public hearing? Please. April 8, 2014 Page 39 Southold Town Board Meeting Joe Polashock JOE POLASHOCK: Joe Polashock, New Suffolk. I live on Second Street. I would just like to say that everybody on this street is very thankful for all your consideration and help you have given us with this issue. It's going to be nice for us this summer to not have to put up with all the inconvenience and the dirt that goes along with what we have had to deal with. Thank you again. SUPERVISOR RUSSELL: Sure,thank you. Would anyone else like to address the Town Board on this particular hearing? Anybody? COUNCILWOMAN DOHERTY: Scott, I just want to relay, Dennis and Diane Harkoff are out of town otherwise they would be here, I just want to relay their comments for the record. They are concerned that there are too many spaces that say no parking in the area and it's getting more congested year after year so they are opposed to it. So, they didn't get a chance to write that down before they left town, so I just want to put that on the record. Supervisor Russell SUPERVISOR RUSSELL: Anybody else? (No response) VII. Closing Comments Supervisor Russell SUPERVISOR RUSSELL: I am now going to invite anybody that would like to address the Town Board on any issue to please feel free? Who would like to go first? John Betsch JOHN BETSCH: Today's work session had an agenda item that said (inaudible) discussion, for the record, my name is John Betsch, I am president of the Kenney's McCabe beach civic association. Most of the people behind me are part of that association. This is a very active association founded over 45 years ago, it was an association concerned not only with individual properties, preserving the character of our Kenney's beach area but also caring for town assets within our area. We have been diligent with working with the town in caring for both town beaches in our area including the installation of protective guardrails, significant and ongoing beach grass plantings at both beaches, boardwalk installations, and most recently the extensive exterior renovation of both beach houses. Unfortunately, both beaches are much smaller than they were 50 years ago. And that is why I am speaking. Hopefully action will be taken shortly to begin remedying the destruction effect that the Goldsmith jetty has caused for these beaches and one which will eventually make this town asset either unusable or to disappear completely. The jetty effects the entire sound front east to Hashomomaque cove, the Horton's Point lighthouse which I believe everyone would agree has a bit of significance, historical significance, being commissioned in 1790 is now down to minimal feet from the bluff with erosion almost constant. It has been documented by the Army Corps in multiple studies that the Goldsmiths jetty has an effect to Horton's Point and further east. Will we eventually lose this lighthouse? There have been rambling diatribes addressing this thing, mixing fact and fiction, truth and untrue statements in the same sentence to camouflage reality and I think that should be very April 8, 2014 Page 40 Southold Town Board Meeting transparent. Do not accept the actions of a few vocalists from the Peconic Shores area demonstrating trying to prove that this jetty has no effect, accept the proven scientific data of the ruinous effect of the jetty. There is a Suffolk Times headline of December 13th of last year which had a very well written long history of the jetty, including the lawsuit that was won by Kenney's beach. It states, `Fifty years ago this week, construction began on the jetty at Goldsmiths Inlet, it was expected to keep the inlet open and prevent erosion.' It has not. And finally, having attended this morning's town board work session, I must mention that I find it improper to have individuals provide testimony as if it were a public hearing. I am referring to the agenda item Goldsmith Inlet discussion. When audience attendees extend the privilege of listening to Town Board action as dictated by sunshine laws to provide testimony as if it were a public hearing, it is simply wrong. Unless the general public is noticed and invited to do the same, it should not be allowed particularly when there is no gathering of interested individuals there. Anything said during, under this guise should be completely discarded. Handouts which were provided to the Board should not be considered as information unless they are publicized and people have access, that they know they exist and can have access to them. They are not there, they would not exist. Thank you. SUPERVISOR RUSSELL: Thank you, John. Amy Agnesini AMY AGNESINI: Good evening, my name is Amy Agnesini and I live in the Kenney beach area. I have lived in my house for over three decades and the, since I have been going to my civic association meetings, one of the first ones way back when, I heard Army Corps of Engineers doing a study, we are losing our beach. Since that time, I have heard Army Corps of Engineer studies again and again, I have seen homes moved from way back towards the road, I have seen people rebuild their decks, rebuild their foundations and that beach that everybody loves to go to and when I vacationed out here before I moved out here and I said where is the best place to watch a sunset and they said go to Kenney's beach. That beach has significantly decreased during my times here and we have done, we have been on the beach on New Year's day, several years ago, planting beach grass. We are doing everything we can to save it. the problem is and I don't understand when one does research, they do research to find out information and we find out information that we are losing our shoreline and normally after that, we have a reaction to that and I am not quite sure why nothing is being done, so, and I know I share with all my neighbors that we don't want to lose what we have and we are working hard and we need your support to do this, there is no way we can do this alone. So I ask for that support, please. SUPERVISOR RUSSELL: Thank you. John Kassimatis JOHN KASSIMATIS: John Kassimatis, last house on Kenney's Road. I have been here also about 33 years but I will ask the Board, those of you that are natives to Southold Town. How many more hundred feet was there from Goldsmiths all the way down to Horton's? a couple of hundred more. We have had lawsuits, we have had studies, we have had engineers, scientists, you name it. We won a lawsuit ordering the town to do something and nothing was ever done. And we are going, I think the whole Bittner project had to do erosion on all three sides of the April 8, 2014 Page 41 Southold Town Board Meeting Bittner property. It is just continuing. You, I may not live long enough but we are going to lose the lighthouse. And that is another asset going away. You on the Town Board have an obligation to take care of the town, this is a perfect example. Thirty three years I have been hearing the same story. Please do something. SUPERVISOR RUSSELL: After you speak, I just want to clarify some things. Susan Geitz SUSAN GEITZ: Hi, my name is Susan Geitz, I live at 1580 Leeton Drive and I am a year round resident. My family has lived on Leeton Drive and on North Sea Drive for 60 years. When I was a teenager, many, many years ago, we used to ride in Bobby Conway's beach buggy from Horton's Point all the way down to the inlet. Also, people who lived on the inlet used to be able to come in in their boat, the Nelsons who lived there tied their boat up at their dock right at the entrance to the inlet. We had 100 feet of beach in front of our house. We had duck boards that went down and we could pull our boat up there and then they built the jetty. We were in favor of the jetty because we felt badly about our neighbors down in Peconic on the verge of losing their homes. They didn't seem to have the same thought for us and I am telling you, this winter was horrendous down there. We have put rocks, first we put rocks in front of the house, then we built a bulkhead that's had to be replaced twice. The water is 18 inches deep around high tide. Peconic Dunes, the camp, has suffered tremendous loss of beach and dune this winter. I don't want to lose my house, I love it. I have been here for probably as long as any of the people that live there. And it just breaks my heart to see what's happening. And to take down part of that jetty at Goldsmiths, this is going to kill their houses. They have, you could put a road between the beach and their homes and build another row of houses down there, there is so much beach. To take down part of that jetty is not going to affect them, the way it would affect us. It would be a godsend for us to get some of that sand back. Thank you. SUPERVISOR RUSSELL: Sure. I just want to clarify for everyone the reason we are having this discussion is because this particular Town Board recognized that the failure of the previous board to adopt an EIS, an environmental impact statement, on the recommendations of Offshore Coastal Technologies, left unfinished business. We discussed today and correct me if I am wrong, I believe there was unanimous consensus to take that EIS, update it and then re-review it. I at the time spoke against ignoring the EIS, we paid for it some years ago, we couldn't get Town Board to accept it, we are hoping for a different outcome now. UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: Quite often. Quite often. UNIDENTIFIED: Inaudible. Beth Anello BETH ANELLO: My name is Beth Anello, I live on Leeton Drive. This winter was the worse winter, I mean, I know there has always been problems with erosion, I have been to many of these meetings. This winter is the first winter I have ever seen, I never knew boulders existed on my beach. All the sand is gone. I have called your office to have someone come and look and April 8, 2014 Page 42 Southold Town Board Meeting nobody called me back. Some of it has come back but it is still gone. I looked out the window at low tide and I could see a sandbar. It is all the way out in the Sound. I don't know if anyone else has seen it. it is really bad this winter, I know this winter was bad but you know, it is just going to get worse and worse and something has to be done. I am tired of coming to these meetings, I am tired of listening to people, I am tired, it is like exhausting. We have spent money on lawyers, I just, I am also asking you to do something. We need to save our houses. Something is going to happen. TOWN CLERK NEVILLE: Sir, please come to the microphone again, please, so everyone can hear you, we transcribe the minutes. SUPERVISOR RUSSELL: Yes, we need.... UNIDENTIFIED: I heard you say the magic word, update. How long of a delay is that? SUPERVISOR RUSSELL: Well, the EIS has gotten a bit stale. It was done a few years ago. UNIDENTIFIED: Trust me, it has only gotten worse. SUPERVISOR RUSSELL: Right. And it would be the job of the consultant to evaluate... UNIDENTIFIED: So that is going to cost more money. SUPERVISOR RUSSELL: Yes, it is about $27,500. UNIDENTIFIED: And how long of a delay? SUPERVISOR RUSSELL: I do not know but I will find out from the consultant. But I will tell you it will be subject to a public hearing, so people will have an opportunity to come and comment on it. UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: That is exactly what the consultant will do. but an environmental impact statement has to follow certain criteria's and procedures. UNIDENTIFIED: Inaudible. TOWN CLERK NEVILLE: It is not going to be transcribable. SUPERVISOR RUSSELL: Okay, I am sorry but in order to get the minutes transcribed, we need people to speak into the microphone. Ms. Geitz MS. GEITZ: If our houses on Leeton Drive go, the houses in back of us are going to go because we are on a higher elevation than they are. When we had that tremendous storm several years ago and all those people in back were flooded out, if our houses go, they are going to go. And April 8, 2014 Page 43 Southold Town Board Meeting what is going to happen? It won't be on the tax anymore, the school taxes are the biggest taxes that we pay and how can we pay taxes on property that is gone? Literally, it will be gone. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? David Serure DAVID SERURE: David Serure, 1300 Leeton Drive. As my neighbors come before you tonight and as you sit in front of us as a Board assembled, I think what we are asking for obviously, is a compromise. What was done years ago whether right, wrong or indifferent, has had detrimental effects to all of our homes and coastal areas to the east, so if through your consultants, if there is any way that this project can be expedited, it has been discussed, it has been debated. Together as neighbors, we are looking to save our homes, to save the shoreline, the environment and we are pleading for your help. Whether our neighbors have been together for 60 years or myself as a town resident for 6 years, it is meaningful enough for us, whether we are putting in private monies as myself and some local neighbors are doing, under permits from the town to restore part of the beach due to erosion and mother nature or possibly the jetty. I am not an engineer so I can't tell you exactly the cause but obviously there is documentation that you have that we want you to take a very close look at and do what is in your power to expedite, replenishing our shoreline not just for us, the property owners but for the people of the town. For people who enjoy Kenney's beach and McCabe's beach. It is not just ours, it is all of ours and we plead that you take some actions as quickly as you can so we don't have to wait another 50 or 60 years to see some action be done. Thank you. SUPERVISOR RUSSELL: Sure. Who else would like to address the Town Board on this or any issue? Hugh Switzer HUGH SWITZER: Hugh Switzer, from the Group to Save Goldsmiths Inlet in Peconic. We appreciate your support, the Board's intent to complete the SEQRA process by voting on the EIS to the existing jetty, a process that was halted years ago, as people have mentioned. We believe that repairing the existing jetty is important to the health of the inlet. Sand now leaks through the loosening rocks at the end and is deposited at the entrance to the inlet, actually the channel going into the pond and is available to be forced into and deposited. One of the many sources of sand being deposited into the inlet over the last 50 years. We asked that in completing this work the town take into consideration the town's Goldsmith Inlet management plan and the various consulting efforts that have been going on relative to the health of the inlet. We ask that the town move quickly to complete the EIS process so as not to delay other town sponsored activity that will help restore the health of Goldsmiths Inlet. And finally, we thank you very much for your continued support in helping us restore the inlet and having a safe and healthy recreation area again for the town. SUPERVISOR RUSSELL: Thank you. Sue Griffin JOAN GRIFFIN: I am Joan Griffin, I live on Kenney's Road. I have been there I think about 14 years now. how much did we pay for Bittner's property? April 8, 2014 Page 44 Southold Town Board Meeting SUPERVISOR RUSSELL: I don't recall. It was a joint purchase with Suffolk County, I don't recall the amount. MS. GRIFFIN: Like $13,000,000 or $15,000,000? SUPERVISOR RUSSELL: Lillian, do you recall? $13,800,000. MS. GRIFFIN: So what are we going to do about the fact that there is not going to be any land there? SUPERVISOR RUSSELL: Well, that's, let me underscore one thing. The reason we are having this discussion tonight is because this town board recognizes that a previous town board walked away from the issue. This town board wants to reexamine the issue. We are reviving the issue of an EIS which is necessary before we can take any action on the jetty. This board said we need to do this, we need to move forward on this, we can't ignore this issue anymore. That is why we are having this discussion. We recognize all the damage and we recognize all of those things and we are asking the consultant to re-evaluate and present a fresh EIS for us to review. MS. GRIFFIN: Okay. Thank you for your time. I don't want to waste any more money. SUPERVISOR RUSSELL: Sure. Understood. Ms. Anello MS. ANELLO: Is somebody willing to come out and look at what it looks like right now? SUPERVISOR RUSSELL: Yes, we have the engineers down there quite often. I know some of these people have been down there. I have been down that area. MS. ANELLO: You can see all of the groins that we have that are sticking all the way up. At one point they were like, what 3 feet up in the air? And with all the boulders and the erosion at Peconic Dunes camp and it's just, right now you have to come and see what it looks like. It's like nothing I have ever seen before. I mean, we have lived here for 18 years and it's the worst winter, of course for everybody, but it's the worst year for erosion. Somebody should come and look. COUNCILWOMAN DOHERTY: This last storm that we had was the worst on erosion all winter. It really hit.... COUNCILMAN GHOSIO: To be clear, Jill and I both served on the Trustees know some of the history here and we have been concerned with what's been going on with the inlet for a number of years. So you know, again, I will just reiterate what Scott said. This board does want to move forward and as I said in the work session, start working towards some kind of decision. Right, wrong or indifferent, not making a decision is the worst thing we can do. So, you know we need to, I understand the frustration of government, being somebody who comes from the private sector, I know things seem to move slow. I'd love to, you know, instantly make the decision but April 8, 2014 Page 45 Southold Town Board Meeting unfortunately we have processes that we do have to follow. I think though moving this along is a step in the right direction and you have a willing board to tackle the issue. I think that's a good thing. UNIDENTIFIED: And we respect that you have a process to go through. We hope that this is the last board that has to deal with it because it has been pushed for as long as I have been living here. The first presentation that I had with the findings of the study, they showed an overlay of where the surf was and how much beach we had and Goldsmiths and again, I would support saving you know, Goldsmiths has the right to have the beach too, absolutely, I wouldn't want to you know, mess around with that. But they also said by cutting that, at that time, I don't know what the most recent is but at that time cutting that jetty in half and putting up a few groins in between Goldsmiths and Kenney's would add significant beach to Kenney's. And that was I don't know how many years ago. We are talking at least 20 some odd years ago. So I thank you that you are in full support of this, I hope that this is the last board we have to go in front of to deal with all of this because we need your help. Thank you. SUPERVISOR RUSSELL: Sure. This gentleman, Pat, you can go after this gentleman. Charles Geitz CHARLES GEITZ: I was talking to Lynn, she is in the last house on Leeton Drive before the Suffolk County park there and she was saying she didn't (inaudible) how far down her pilings went in front for the bulkhead because the beach was down over 5 foot this past winter and she was scared a little bit there, of what was going to happen. So it's really, really bad. SUPERVISOR RUSSELL: Can I just ask you to repeat your name? For the record? MR. GEITZ: I am a newcomer, only 37 years. SUPERVISOR RUSSELL: I am going to let Pat go and then I will go to you, Lillian. Pat Moore PAT MOORE: Good evening, Pat Moore. I am here, Mr. (inaudible) is one of the homeowners in the community and asked me to be here. I understand what you are doing which is the updating of the environmental impact statement in order to protect whatever decision you make from challenge, it just seemed to me that don't you need a resolution authorizing the hiring of the consultant and continuing.... SUPERVISOR RUSSELL: Yes, but we need an allocation in place before we can engage the consultant. That is something I assured the board I would find, it's the $27,500. We don't have an allocation in the current budget so I am going to go over the budget and try to find $27,500 so we can adopt it at the next meeting. MS. MOORE: Oh, okay. So that plan is assuming you find the money, then the resolution will be at the next meeting. SUPERVISOR RUSSELL: Yes. April 8, 2014 Page 46 Southold Town Board Meeting Lillian Ball LILLIAN BALL: Hi, Lillian Ball Southold. I want to make a brief comment for the inter-dunal swale, the maritime freshwater inter-dunal swale which you know I have been supporting for as long as I have been here in Southold which is only 12 years. And I want to say from Goldsmiths Inlet, from the mouth of the inlet all the way to the Normandia's house, we have lost substantial amounts. That is between the inlet and Kenney's beach and I would just, please beg, if there is some way we can get Suffolk County involved. We tried to get them down there, I think the Kenney's beach people have tried, certainly the Group to Save Goldsmiths Inlet has tried and I think it is really important for them to be aware of what is going on there. I have spoken to Al about it, not that it is a priority for them. I can tell it is not a priority but I think it is a very, very important area for us to have as a town priority and certainly there is a lot of preserved land there. Suffolk County's land, land that we own in common with Suffolk County and property which is the camp, the Peconic Dunes camp. I actually had a conversation with Chris Collahan who is the director there and I asked him what he was going to do? His boats, there is no room for the boats to be parked on the beach. And he said, you know, every year we see it go further and further you know, coming closer and closer to the actually buildings of the camp and I don't know what we are going to do. We might have to not have programs. So this is a sad state of affairs all the way along the coast so I am very happy to support the board in getting the EIS going again and hopefully there will be some way that information can come out so we can understand how to take care of this issue. Thank you. SUPERVISOR RUSSELL: Thank you. Mr. Serure MR. SERURE: David Serure again. To the board if you please, the EIS, is this going to be the same consultant that had been on the project prior? SUPERVISOR RUSSELL: Yes, this would be an update to his original EIS. MR. SERURE: So it would be the same engineers company? SUPERVISOR RUSSELL: Yes. MR. SERURE: Likewise, I beg to the board, is there anything with regards to funds that we might be able to attain from either the county or even the state given that, yes, it is the Town of Southold beach and shoreline that is being affected but I understand the Governor in the State of New York and especially with all the different weather conditions we have been having along with possibly the county might be able to assist us in some of our local efforts. Has the board approached either the county or the state? SUPERVISOR RUSSELL: We had actually secured, the original estimate for the reduction of the jetty was about $1,000,000. We had secured $500,000 from New York State Department of State to move forward. What had happened was that money had been committed to the town for some years and when ultimately the town board wouldn't even adopt an EIS, New York State said we don't see the intent here to move forward. So they withdrew that money. If the EIS is April 8, 2014 Page 47 Southold Town Board Meeting adopted, updated and adopted by this board and this board believes that it is in the best interests of the community to reduce that jetty, we would certainly approach the New York State Department of State again to see if that money becomes available. MR. SERURE: What about finding the first $27,500? You said you have to look at your.... SUPERVISOR RUSSELL: Yes, I think I can find, I have a $40 million budget, I am sure I can find $27,500 to pay for this study to get it done as quickly as we can. MR. SERURE: That would make a lot of local people happy. SUPERVISOR RUSSELL: Sure. Would anybody else like to address the Town Board? John? Mr. Betsch MR. BETSCH: I am sorry, can I ask a favor, Mr. Russell? When you, assuming that this resolution that be passed, you find the $27,000 and you contact Voorhees and Pope, could you provide me with a date that they give you on completion? SUPERVISOR RUSSELL: Absolutely. MR. BETSCH: Once you give that to me, I will provide it to the civic association. SUPERVISOR RUSSELL: Of course. Very good. Would anybody else like to address the Town Board on any issue? Ms. Geitz SUSAN GEITZ: Susan Geitz, Leeton Drive Southold. The other day when I was going down the North Road, I noticed the sign by Bittner's stable there, land for sale, 27 acres. I was wondering if the town or the land preservation was going to do anything to try to get the rights to that land as far as having it farmed or whatever, rather than have somebody come in and put up some commercial piece of garbage? SUPERVISOR RUSSELL: The land preservation initiatives of the town are all voluntary, so we would need the owner or any subsequent owner perhaps a prospective owner, to approach the town with regard to the sale of the development rights or the outright sale for open space or conservation. It is a voluntary program. MS. GEITZ: Because every time you go through Riverhead it is just like more and more and more and I would hate to see that happen out here. It is much too pretty an area to see that happen. And the other thing I wanted to ask you about was right across the street from Kenney's Road, there seems to be a dump of some sort of all kinds of leaves and yard refuse and I wonder if that is legal for anyone to do that? SUPERVISOR RUSSELL: I will look into the issue tomorrow, with code enforcement. April 8, 2014 Page 48 Southold Town Board Meeting MS. GEITZ: Just off Kenney's Road, come up Kenney's Road and you can't help but see this mountain of.... COUNCILWOMAN DOHERTY: I just saw that the other day, on the back side and I didn't realize, there is a lot in there. SUPERVISOR RUSSELL: That particular property is in a natural resources conservation service soil restoration plan. I do not know if that large pile, if it is compost that's designed for the soil restoration of that site but I do know that that site operates under a natural resources soil restoration. MS. GEITZ: Because they are not (inaudible) it just keeps piling up. Alright, thank you. SUPERVISOR RUSSELL: Would anyone else like to address the Board on this or any issue? UNIDENTIFIED: To change the topic, I don't know if it is a good idea, is the deer program over? SUPERVISOR RUSSELL: The deer program, there are still aspects of it that are being mitigated, the restraining order etc. I think we more or less concluded the hunt for town property if I am not mistaken. We should have numbers shortly. UNIDENTIFIED: No numbers? SUPERVISOR RUSSELL: Not yet. We will calculate all that and issue that soon. UNIDENTIFIED: I think I have got three or four new fawns on my property already. They are everywhere. SUPERVISOR RUSSELL: I know. Would anyone else like to address the Board on any issue? Scott Bennett SCOTT BENNETT: My name is Scott Bennett and I live between Goldsmiths and Kenney's and my family has 5 acres on that dunal area there and I have seen a lot of erosion and everybody talks about it, I just want to say I appreciate everybody's report and the teamwork of trying to address it. so that means a lot of me and a lot of us. SUPERVISOR RUSSELL: Thank you. MR. BENNETT: The other thing that is a little separate from that that I wanted to address is my neighbor has sort of a dump next to my home and I have been out there to inspect it a few times and I have carted away old car batteries and things like that and they are kind of sitting right on a pond that I am afraid may be draining into our wells, I was just wondering what do I do to address that? April 8, 2014 Page 49 Southold Town Board Meeting SUPERVISOR RUSSELL: Contact me at my office tomorrow and I will send code enforcement out right away. MR. BENNETT: Okay. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Would anyone else like to address the Board on any issue? (No response) VIII.Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:28P.M. Eli eth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell