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Home My WebLink AboutTB-05/20/2014 ELIZABETH A. NEVILLE 3UfF44 Town Hall, 53095 Main Road TOWN CLERK �o� °¢� PO Box 1179 Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER y'�'Ol baa Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD SOUTHOLD TOWN BOARD REGULAR MEETING May 20, 2014 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, May 20, 2014 at the Meeting Hall, Southold,NY. Call to Order 4:30 PM Meeting called to order on May 20, 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 of 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 11:45 AM Elizabeth A. Neville Town of Southold Town Clerk Present Martin D. Finnegan Town of Southold Town Attorney Present I. Reports 1. Planning Board Monthly Report 2. Town Clerk Monthly Report 3. Island Group Claim Lag Report 4. Solid Waste District 5. Budget 6. Justice William H. Price Jr. 7. Justice Louisa P. Evans Page 1 May 20, 2014 Southold Town Board Board Meeting 8. Department of Public Works Monthly Report 9. Building Department 10. Trustees Monthly Report II. Public Notices III. Communications IV. Discussion 1. 9:00 Am -John Cushman 2. 9:30 Am - Vincent Orlando 3. 9:45 Am - Heather Lanza and Mark Terry 4. 10:00 Am -Arthur Leudesdorf, Chairman of Rec. Committee 5. 10:15 Am - Michael Collins and Jamie Richter 6. Request for Waivers of 3 Special Events 7. Additional Information Request for Trailer Permit Request 8. Special Events Policy for Town Properties and Roads 9. Appointment of Assistant Town Attorney 10. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 11:01 AM for the purpose of discussing the following matters: RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 11. EXECUTIVE SESSION - Labor 12. EXECUTICE SESSION - Litigation 13. Motion To: Motion to Exit Executive Page 2 May 20, 2014 Southold Town Board Board Meeting RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 12:58PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 14. Motion To: Recess 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby Recess this 9:00 AM meeting of the Town Board at 12:58 PM until the Regular 4:30 PM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Pledge to the Flag Motion To: Reconvenes 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby reconvenes the 9:00 AM meeting of the Southold Town Board at this 4:30PM Regular Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Scott A. Russell, Supervisor SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Opening Comments Supervisor Scott A. Russelll SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance. Thank you. I would ask anybody that would like to address the Town Board on any of the agenda items to please feel free at this time? (No response) V. Resolutions 2014-424 CATEGORY. Audit DEPARTMENT: Town Clerk Approve Audit Page 3 May 20, 2014 Southold Town Board Board Meeting RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated Mav 20 2014. ✓Vote Record-Resolution RES-2014-424 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Seconder 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 Mover El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-425 CATEGORY. Set Meeting DEPARTMENT. Town Clerk Set Next Regular Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, June 3, 2014 at the Southold Town Hall, Southold,New York at 7:30 P.M.. ✓Vote Record-Resolution RES-2014425 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter D ❑ ❑ ❑ ❑ 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 2014-426 CATEGORY. Employment-Town DEPARTMENT.• Accounting Page 4 May 20, 2014 Southold Town Board Board Meeting Permanent Planner Alyxandra K. Sabatino WHEREAS Alyxandra K. Sabatino was appointed to the position of Planner Trainee from the Suffolk County Department of Civil Service List of Eligible's effective June 19, 2012, and WHEREAS upon completion of two (2) years of continuous service as a permanent Planner Trainee the incumbent in this class achieves permanent competitive status as a Planner without further examination, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Alyxandra K. Sabatino to the permanent position of Planner effective June 19, 2014 at a rate of$54,665.77 per year. ✓Vote Record-Resolution RES-2014-426 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Voter 10 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Seconder 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 21 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter CEJ ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 9 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-427 CATEGORY. Employment-FIFD DEPARTMENT: Accounting FIFD Memorandum of Agreement with CSEA RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted April 7, 2014 that ratifies and approves the 2012-2014 memorandum of agreement with the CSEA. ✓Vote Record-Resolution RES-2014-427 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter 27 ❑ ❑ ❑ ❑ Defeated James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P.Ruland Seconder D ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt Jill Doherty Mover 121 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Page 5 May 20, 2014 Southold Town Board Board Meeting ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-428 CATEGORY. Budget Modification DEPARTMENT. Accounting Capital Fund Budget Modification for Dike Repair Financial Impact: Increase appropriation for amendment#2 to NRCS contract for Dike Repair project RESOLVED that the Town Board of the Town of Southold hereby increases the 2014 Capital Fund budget as follows: Revenues: H.4960.00 CDBG-DR-Dike Repair $ 12,499 H.4997.00 USDA/NRCS-Dike Repair 41,248 Total $ 53,747 To: H.8745.2.000.100 Dike Repair $53,747 Total $53,747 ✓Vote Record-Resolution RES-2014-428 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 2014-429 CATEGORY. Close/Use Town Roads DEPARTMENT.- Town Clerk Page 6 May 20, 2014 Southold Town Board Board Meeting Memorial Day Parade in Mattituck Amended Financial Impact: Police Department cost for event = $476.84 RESOLVED the Town Board of the Town of Southold hereby amends Resolution No. 2014-418 changing the start time for the Memorial Day Parade from 11:00 a.m. to 10:00 a.m. as follows: RESOLVED the Town Board of the Town of Southold hereby grants permission to the Mattituck Fire Department to use the following roads for the Memorial Day Parade beginning at t t.-, 0 a.m. 10:00 a.m. on Monday, May, 26, 2014: Pacific Street at Sound Avenue, Route 25, and Wickham Avenue, Mattituck,New York provided they follow all the conditions in the Town's Policy for Special Events on Town Properties and with the approval of the Southold Town Police. Failure to comply with the conditions of the policy will result in the forfeiture of the $250.00 clean up deposit. All town fees except the cleanup deposit shall be waived. ✓Vote Record-Resolution RES-2014-429 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 O ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter ® ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover EI ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter EI ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-430 CATEGORY: Contracts, Lease&Agreements DEPARTMENT.• Town Attorney Bay Avenue Bridge License Agreements RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the License Agreements between the Town of Southold and Gardiners Bay Estates HOA, Old Orchard HOA, and residents residing on Huckleberry Hill Road in connection with the Bay Avenue Bridge Project, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2014-430 El Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Mover lZ ❑ ❑ ❑ ❑ Defeated James Dinizio Jr Voter EI ❑ ❑ ❑ ❑ Tabled William P.Roland Voter EI ❑ ❑ ❑ Page 7 May 20, 2014 Southold Town Board Board Meeting ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-431 CATEGORY. Attend Seminar DEPARTMENT. Supervisor Supervisor Russell to Attend Erase Racism Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Supervisor Scott A. Russell to attend a seminar on ERASE Racism- Unraveling Racism Training I- Core in the Westhampton Beach Learning Center, on Monday and Tuesday, June 30 & July 1, 2014. All expenses for registration, travel to be a legal charge to the Supervisor's 2014 budget (A.1220.4.600.200 -meetings and seminars). Travel to be by Town vehicle. ✓Vote Record-Resolution RES-2014-431 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ 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 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-432 CATEGORY.• Advertise DEPARTMENT. Highway Department Advertise for Fueling Station RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Page 8 May 20, 2014 Southold Town Board Board Meeting Town Clerk to advertise for bids for the construction of a consolidated fueling station at the Town's Highway/DPW Yard, including the installation of new utility lines, the construction of a new utility shed and the demolition of the existing fuel tanks, all in accordance with specifications prepared by L.K. McLean Associates, P.C.. ✓Vote Record-Resolution RES-2014432 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 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 2014-433 CATEGORY. Property Usage DEPARTMENT. Recreation Approve Field Use for Various Leagues Resolved that the Town Board of the Town of Southold hereby grants permission for the following travel baseball teams to use various town fields for their league games, subject to scheduling by the Southold Recreation Department and in accordance with the newly revised Application for Use of Southold Parks Facilities. Travel teams may include: All League Hitmen; MLI Phantoms; Mattituck Ospreys; The Hawks; and the Mattituck Mets. Fees for use of field will be charged as per the rules and regulations listed on the application for use of parks facilities. ✓Vote Record-Resolution RES-2014-433 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent 11 Tabled ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Mover 0 11 13 ❑ 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 Page 9 May 20, 2014 Southold Town Board Board Meeting 2014-434 CATEGORY. Attend Seminar DEPARTMENT: Information Technology 2014 LI/NYC Emergency Management Conference RESOLVED that the Town Board of the Town of Southold hereby grants permission to Chief Flatley, Vincent Orlando and Lloyd Reisenberg to attend a seminar on Emergency Preparedness in Uniondale, NY, on May 28th , 2014. All expenses for registration, travel to be a legal charge to the 2014 budget (meetings and seminars). ✓Vote Record-Resolution RES-2014-434 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Seconder 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 Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-435 CATEGORY.• Employment-Town DEPARTMENT: Recreation Appoint Seasonal Summer Stafffor Recreation Department RESOLVED that the Town Board of the Town of Southold hereby appoints the following 2014 seasonal summer staff for the period June 28 - September 1 as follows: STILLWATER LIFEGUARDS HOURLY SALARY 1. Connor Almberg (1 st year)................................... $12.17 2. John Baglivi (2nd year)....................................... $12.44 3. Lucy Casey (1 st year).......................................... $12.17 4. Nicholas Chylinski (3rd year)..............................I. $12.72 5. Markis Croteau (3rd year).................................... $12.72 6. Hannah Fitzgerald (1 st year)................................. $12.17 7. Mally Fogarty (3rd year)...................................... $12.72 Page 10 May 20, 2014 Southold Town Board Board Meeting 8. Katharine Freudenberg (3rd year)........................... $12.72 9. Dylan Hahn (3rd year)......................................... $12.72 10. Ernest Kozlowski (2nd year).................................. $12.44 11. Roy Lebkuecher (2nd year).................................... $12.44 12. Michel Liegey (4th year)...................................... $12.99 13. Sean Moran (1 st year)........................................ $12.17 14. John Nolan (3rd year)......................................... $12.72 15. Mallaigh Nolan (2nd year).................................... $12.44 16. Siobhan Nolan (2nd year).................................... $12.44 17. Jessica Orlando (7th year).................................... $13.82 18. Julia Orlando (3rd year)....................................... $12.72 19. Kevin Schwartz (4th year)..................................... $12.99 20. Greg Sheryll (1 st year).......................................... $12.17 21. Patrick Sinclair (2nd year)..................................... $12.44 22. Breton Worthington (5th year)................................ $13.27 BEACH ATTENDANTS 1. Mary Bertschi (3rd year)...................................... $9.75 2. Joshua Hassildine (1st year)................................... $9.42 3. Caroline Metz (2nd year)....................................... $9.58 4. Sidney Mulvaney (1 st year)................................... $9.42 5. Jessica Rizzo (2nd year)....................................... $9.58 6. Ally Robins (1 st year)........................................... $9.42 7. Natalie Troisi (2nd year)....................................... $9.58 BEACH MANAGERS 1. Tim McElroy (7th year)........................................ $15.34 2. Will Seifert (4th year).......................................... $14.44 LIFEGUARD TRAINER 1. Meg Sautkulis (5th year).. $16.74 ........................ ............ ✓Vote Record-Resolution RES-2014435 m Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Mover El 0 ❑ 0 ❑ Supervisor's Appt James Dinizio Jr Voter m ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder m ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter p ❑ ❑ ❑ ❑ No Action ❑ Lost Page 11 May 20, 2014 Southold Town Board Board Meeting 2014-436 CATEGORY.• Budget Modification DEPARTMENT: Fishers Island Ferry District FIFD Budget Modification 2014 Financial Impact: Increase appropriations RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated May 12, 2014, which amended the 2014 Fishers Island Ferry District budget. ✓Vote Record-Resolution RES-2014-436 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter p ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Mover O ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter a ❑ ❑ 0 ❑ Rescinded Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa R Evans Voter ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter O ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-437 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk 2Nd Annual Cystic Fibrosis Bike Tour Financial Impact: No PD costs RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Greater New York Chapter of the Cystic Fibrosis Foundation to use various roads throughout Southold Town from the Riverhead Town line to Orient, as described in the route maps filed with the application, for its Cystic Fibrosis Cycle for Life, on Saturday, September 20, 2014 from 7:00 AM to 4:00 PM: the route in Southold begins and ends at the Riverhead Town line, provided the applicant adheres to the Southold Town Policy and Special Events on Town Properties and Roads. ✓Vote Record-Resolution RES-2014-437 m Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated Robert Ghosio Voter Rl ❑ ❑ ❑ ❑ Tabled James Dinizio Jr Voter 0 ❑ ❑ ❑ Page 12 May 20, 2014 Southold Town Board Board Meeting ❑ Withdrawn William P.Roland Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-438 CATEGORY.• Budget Modification DEPARTMENT.• Solid Waste Management District Equipment Rental Budget Modification Financial Impact.• To provide budget authorization for extension of rental agreement with Edward Ehrbar, Inc.for Komatsu 470 front end loader. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 Solid Waste Management District budget as follows: From: SR 8160.4.400.805 (MSW Removal) $ 6,090 To: SR 8160.4.400.910 (Equipment Rental) $ 6,090 ✓Vote Record-Resolution RES-2014-438 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 Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Page 13 May 20, 2014 Southold Town Board Board Meeting 2014-439 CATEGORY: Refund DEPARTMENT: Planning Board Refund Application Fee RESOLVED, that the Town Board of the Town of Southold hereby refunds the Lot Line Modification application fee in the amount of$500.00 received by the Planning Board on February 24, 2014 to the agent McCarthy Management Inc. for The Estate of Joyce Skwara. The application was withdrawn by the applicant. ✓Vote Record-Resolution RES-2014-439 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter O ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter Rl ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover ® ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-440 CATEGORY: Special Events DEPARTMENT: Town Clerk Family Water Safety Day at Town Beach Financial Impact: Police Department costs for event- $280.14 RESOLVED the Town Board of the Town of Southold hereby grants permission for the Southold Voice to hold a Family Water Safety Day at Southold Town Beach on Saturday, June 21, 2014 from 9am to 4pm and waives the parking permit regulations for participants provided they display a parking placard distributed by Southold Voice and adhere to all the conditions of the policy for Special Events on Town Properties and Roads. Town fees, with the exception of the $250 Clean Up Deposit, have been waived. ✓Vote Record-Resolution RES-2014-440 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Mover m ❑ ❑ ❑ ❑ Defeated James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P.Roland Voter El ❑ ❑ ❑ Page 14 May 20, 2014 Southold Town Board Board Meeting ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-441 CATEGORY: Attend Seminar DEPARTMENT: Highway Department Attend Seminar Highway Superintendant Resolved that the Town Board of the Town of Southold hereby grants permission to Superintendent Vincent Orlando to attend the 2014 annual Suffolk County Highway Superintendents Association conference on June 8`h & 9`h, 2014 on Shelter Island, registration $50.00, to be a legal charge to the 2014 budget (meeting and seminars). Travel by town vehicle. ✓Vote Record-Resolution RES-2014-441 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 Seconder 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-442 CATEGORY.• Budget Modification DEPARTMENT.• Highway Department 2014 Budget Mod Highway Financial Impact: Appropriation from New York State Department of Transportation Extreme winter recovery and rollover from prior year to increase CHIPSfund Page 15 May 20, 2014 Southold Town Board Board Meeting Resolved that the Town Board of the Town of Southold hereby increases the 2014 Highway Fund Part Town budget as follows: Revenues: DB.3501.00 CHIPS Capital Payments $48,838 Appropriations: DB.5112.2.400.905 CHIPS Resurfacing $48,838 ✓Vote Record-Resolution RES-2014442 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Noy Abstain Absent ❑ Tabled ❑ 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 2014-443 CATEGORY. Close/Use Town Roads DEPARTMENT. Town Clerk Little League Parade Financial Impact.- Police Department cost for the event$349.44 RESOLVED the Town Board of the Town of Southold hereby grants permission to the North Fork/Southold Little League Baseball & Softball to hold its Closing Ceremony and Parade in Peconic on Saturday,June 7,2014, line up beginning at 10:30 AM at the Recreation Center parking lot, stepping off at 11:00 and marching along Peconic Lane and Carroll Avenue to the ball fields, provided applicant meets all of the requirements as listed in the Town Policy on Special Events and Use of Recreation Areas and Town Roads. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. Application fees for this event have been waived. ✓Vote Record-Resolution RES-2014-443 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Defeated James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P.Ruland Mover 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ Page 16 May 20, 2014 Southold Town Board Board Meeting ❑ Tax Receiver's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-444 CATEGORY.• Close/Use Town Roads DEPARTMENT.- Town Clerk Southold Athletic Assoc. 5K November 15, 2014 Financial Impact: Police Department Cost for Event = $226.87 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold School District to use certain roads for a 5K race in Southold, New York on November 15, 2014, set-up 8:00 am, start time 9:00 AM, route for the 5K: beginning at the Elementary School parking lot onto Oaklawn Avenue to Route 25, east to Youngs Avenue, to Calves Neck Road, to Harper Road, Hill Road, Wells Road, back to Oaklawn Avenue, to Pine Neck Road to Main Bayview Road to Main Road, Jockey Creek Drive back onto the Southold School property, provided applicant meets all of the requirements as listed in the Town Policy on Special Events and Use of Recreation Areas and Town Roads. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. Fees for this event have been waived. ✓Vote Record-Resolution RES-2014444 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Seconder 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 Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-446 CATEGORY: Employment -Town DEPARTMENT: Accounting Page 17 May 20, 2014 Southold Town Board Board Meeting Acknowledges Retirement Linda J. Cooper WHEREAS,the Town of Southold has received email notification on May 15, 2014 from the NYS Retirement System concerning the retirement of Linda J. Cooper effective June 12, 2014, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Linda J. Cooper from the position of Senior Administrative Assistant for the Town Clerk's Office effective June 12, 2014. ✓Vote Record-Resolution RES-2014-446 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Mover 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 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-447 CATEGORY. Employment- FIFD DEPARTMENT.• Accounting Appoint Louis Barone, Gilbert McCray&Lynn Ciccone RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted May 12, 2014 that appoints Louis Barone and Gilbert McCray as part time deckhands and Lynn Ciccone as part time clerk and Peter Gilmore as part time deckhand effective April 28, 2014. ✓Vote Record-Resolution RES-2014-447 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Tabled James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Withdrawn William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Page 18 May 20, 2014 Southold Town Board Board Meeting ❑ No Action ❑ Lost 2014-448 CATEGORY. Employment- FIFD DEPARTMENT. Accounting Acknowledge Seasonal Status RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted May 12, 2014 that appoints Heather Stone, Michael Eddy, Maryellen Marcotte, Justin Carlson, Jonathan Hiller, Logan Glidewell, Christopher Newell, James Weaver, Peter Gilmore, Louis Barone, Gilbert McCrary and Lynn Ciccone to seasonal status from their current part-time positions at their current rate of pay for the seasonal period May 15, 2014 through September 15, 2014, to revert back to part time status at their then current rate September 16, 2014. ✓Vote Record-Resolution RES-2014-448 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jaynes 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 2014-449 CATEGORY. Employment- FIFD DEPARTMENT. Accounting Appoints Seasonal Deckhands &Seasonal Clerks RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted May 12, 2014 that appoints Matthew Peluso, Dominick Moschini, Grant Pezzolesi and Lee Cattanach as seasonal deckhands and Jessica Grote and Michael Tyler Rogers as seasonal clerks effective May 15, 2014 through September 15, 2014. Page 19 May 20, 2014 Southold Town Board Board Meeting ✓Vote Record-Resolution RES-2014449 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 Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-450 CATEGORY. Surplus Equipment DEPARTMENT. Police Dept Police Department-Surplus Equipment RESOLVED that the Town Board of the Town of Southold hereby declares the following equipment to be surplus equipment: Two (2) 2002 Honda BF200 Boat Motors, model/serial numbers as follows: BF200A2XA BAEJ-1000076 BF200A2XCA BAFJ-1000021 Contact person is SBC Andrew Epple at 631-765-2600. Both motors are being sold for parts and are in "as is" condition. Minimum bid of$750 for both. Be it further RESOLVED that the Town Board authorizes and directs the Town Clerk to advertise for the sale of same. ✓Vote Record-Resolution RES-2014-450 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter D ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action Page 20 May 20, 2014 Southold Town Board Board Meeting ❑ Lost 2014-451 CATEGORY. Committee Appointment DEPARTMENT: Town Clerk Anti-Bias Task Force Reappointments RESOLVED the Town Board of the Town of Southold hereby appoints Sonia Spar to fill the vacancy on the Anti-Bias Task Force through March 31, 2016. ✓Vote Record-Resolution RES-2014-451 EI Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Mover EI ❑ ❑ 11 ❑ Supervisor's Appt James Dinizio Jr Voter EI ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter EI ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter EI ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder EI ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 2 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-452 CATEGORY: Refund DEPARTMENT.• Town Clerk Refund Disposal Sticker RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund to John G. Kendall, 150 Goose Creek lane, Southold, NY in the amount of$15.00 as he was charged $30.00 twice for an original disposal permit instead of being charged just $15.00 for an additional permit. ✓Vote Record-Resolution RES-2014-452 EI Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter EI ❑ ❑ ❑ ❑ Defeated James Dinizio Jr Mover EI ❑ ❑ ❑ ❑ Tabled William P.Ruland Voter EI ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter d ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Seconder EI ❑ ❑ ❑ Page 21 May 20, 2014 Southold Town Board Board Meeting ❑ Tax Receiver's Appt Scott A.Russell Voter m ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-453 CATEGORY. Surplus Equipment DEPARTMENT.• Human Resource Center Re-Advertise for Bids for Ford Bus WHEREAS the Town Board of the Town of Southold declared the following equipment to be surplus equipment: HRC Fleet Vehicle N-3 (Asset #2669 ) 2000 Ford E450 20 Passenger Diesel Bus— Vin#1FDXE45F5YHB34502, and no bids were received, now therefor be it RESOLVED that the Town Board authorizes and directs the Town Clerk to re-advertise for bids, with a minimum bid of$1,300.00. The vehicle is located at the Human Resource Center, 750 Pacific St., Mattituck. ✓Vote Record-Resolution RES-2014-453 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Voter m ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter p ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Seconder RI ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover m ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter H ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-454 CATEGORY. Equipment DEPARTMENT.- Highway Department Purchase Vehicles Highway Depart Page 22 May 20, 2014 Southold Town Board Board Meeting Resolved that the Town board of the Town of Southold hereby approves the purchase of two 2015 Ford F-450 4x4 six wheel dump/plow trucks with lift gates for the Highway Department. The vehicles are being purchased from the State of New York Department office of general services at $52,170.65/each. This to be a legal charge to the 2014 budget line DB.5130.2.100 (light duty vehicles) ✓Vote Record-Resolution RES-2014-454 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 2014-455 CATEGORY. Bid Acceptance DEPARTMENT: Highway Department Accept Street Sweeper Sand Bid RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Creative Environmental Design for the Street Sweeping Sand in the amount of$3,300.00. Sand to be removed from the Highway yard within 15 business days of the approval of this resolution. ✓Vote Record—Resolution RES-2014-455 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ 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 Page 23 May 20, 2014 Southold Town Board Board Meeting 2014-456 CATEGORY: Employment-Town DEPARTMENT: Accounting Retirement Resolution for Elected Officials WHEREAS,the State of New York has set additional reporting requirements in Section 315.4 of the New York Codes, Rules and Regulations which requires all elected and appointed officials whose terms start on or after August 12, 2009, who are members of the New York State and Local Retirement System and who do not participate in their employer's time keeping system to prepare a log of their work-related activities for three consecutive months and submit their logs to the clerk or secretary of the governing body within 150 days of the start of their term; NOW THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold 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 Begins/ Participates in Days/Month(based on Work Ends Employer's Record of Activities) Day Time Keeping (Hrs/day) System Town Board Member James Dinizio 6 1/1/14-12/31/17 N 13.31 Town Board Member Louisa Evans 6 1/1/14-12/31/17 N 21.89 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. 1, Elizabeth A. Neville Town Clerk of the governing board of the Town of Southold of the State of New York, do hereby certify that I have compared the foregoing with the original resolution passed by such board, at a legally convened meeting held on the 201h day of May 2014 on file as part of the minutes of such meeting, and that the same is a true copy thereof and the whole of such original. I further certify that the full board, consists of six (6) members, and the six (6) of such members were present at such meeting and the six(6)of such members vote in favor of the above resolution. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Southold, on this 201h day of May 2014. SEAL Elizabeth A. Neville Town Clerk Page 24 May 20, 2014 Southold Town Board Board Meeting Town of Southold ✓Vote Record-Resolution RES-2014-456 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ 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 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-457 CATEGORY. Bid Acceptance DEPARTMENT. Police Dept Surplus Equipment- Chevy Cavalier WHEREAS the Town Board declared Asset #2330, 1998 Chevy Cavalier as surplus equipment and no bids were received, now therefor be it RESOLVED that the Town Board of the Town of Southold authorizes the disposal of same. ✓Vote Record-Resolution RES-2014-457 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 Seconder 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa R Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-458 CATEGORY. Property Usage DEPARTMENT. Recreation Page 25 May 20, 2014 Southold Town Board Board Meeting Approve Field Use for Lacrosse Teams Resolved that the Town Board of the Town of Southold does hereby grant permission to the U.S. Lacrosse Academy to use Strawberry Fields for a lacrosse camp for boys and girls ages 9 - 17 from Monday, July 7 - Thursday, July 10, from 9:00 a.m. - 1:00 p.m. Applicant must file with the Town Clerk a Two Million Dollar Certificate of Insurance naming the Town of Southold and Suffolk County as additional insured. Fees for use of field will be charged as per the rules and regulations listed on the application for use of parks facilities. ✓Vote Record-Resolution RES-2014-458 O Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter p ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder CEJ ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-459 CATEGORY.• Property Usage DEPARTMENT.• Recreation Approve Field Use for All League Baseball Resolved that the Town Board of the Town of Southold hereby grants permission to All League Baseball to use the baseball fields at Tasker Park for 2 summer camps: July 7 - 11 and August 4 - 8 from 9:00 a.m. - 3:00 p.m. The applicant must file a Two Million Dollar Certificate of Insurance with the Town Clerk, naming the Town of Southold as additional insured. Fees for use of field will be charged as per the rules and regulations listed on the application for use of arks facilities. ✓Vote Record-Resolution RES-2014-459 Ll Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter D ❑ ❑ ❑ ❑ Defeated ❑ Tabled James Dinizio Jr Voter a ❑ ❑ ❑ ❑ Withdrawn William P.Ruland Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter O ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Seconder O ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Page 26 May 20, 2014 Southold Town Board Board Meeting ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-460 CATEGORY.• Property Usage DEPARTMENT.• Recreation Approve Field Use for All Pro Sports Academy Resolved that the Town Board of the Town of Southold hereby grants permission to All Pro Sports Academy in Bellport to conduct a baseball camp from July 21 - 25, 9:00 a.m. - 3:00 p.m. at Tasker Park in Peconic. Applicant must file with the Town Clerk's Office a Two Million Dollar Certificate of Insurance naming the Town of Southold as additional insured. Fees for use of field will be charged as per the rules and regulations listed on the application for use of parks facilities. ✓Vote Record-Resolution RES-2014-460 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Seconder 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 Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-461 CATEGORY. Contracts, Lease&Agreements DEPARTMENT.• Town Attorney Agreement W/Suffolk County&Family Service League-2014 Youth Services RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the 2014 Southold Town Youth Services Agreement with the County of Suffolk and the Family Service League, in the amount of$9,063.00, for the term January 1, 2014 through December 31, 2014, subject to the approval of the Town Attorney. Page 27 May 20, 2014 Southold Town Board Board Meeting ✓Vote Record-Resolution RES-2014-461 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Mover 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 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-462 CATEGORY. Employment- Town DEPARTMENT. Accounting Appoint Assistant Town Attorney RESOLVED that the Town Board of the Town of Southold hereby appoints Stephen Kiely to the position of Assistant Town Attorney for the Town of Southold, effective May 30, 2014 throu h December 31, 2014, at a rate of$95,000 per annum. ✓Vote Record-Resolution RES-2014-462 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 Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter ❑ 0 ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-463 CATEGORY.• Budget Modification DEPARTMENT: Accounting Increase 2014 General Fund Whole Town Budget Page 28 May 20, 2014 Southold Town Board Board Meeting Financial Impact: Appropriate US Dept of Transportation Federal Highway Administration grant for Interpretative Signage Project RESOLVED that the Town Board of the Town of Southold hereby increases the 2014 General Fund Whole Town budget as follows: Revenues: A.4597.20 Federal Aid, Interpretative Signage $99,200 Appropriations: A.1010.4.600.720 Interpretative Signage Project $99,200 ✓Vote Record-Resolution RES-2014-463 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter D ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter ® ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-464 CATEGORY.• Authorize to Bid DEPARTMENT.- Public Works Bid for Prefab Building at HWY/DPW Yard RESOLVED that the Town Board of the Town of Southold hereby rejects all bids received on March 15, 2014 pursuant to the bid for the erection of an MBMI pre-fabricated building at the Town's Highway/DPW Yard, including construction of a concrete foundation and floor, and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to re-advertise for bids for the erection of an MBMI pre-fabricated building at the Town's Highway/DPW Yard, including construction of a concrete foundation and floor, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2014-464 d Adopted Yes/Aye No/Nay Abstain Absent Page 29 May 20, 2014 Southold Town Board Board Meeting ❑ Adopted as Amended Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Defeated James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P.Ruland Mover 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-465 CATEGORY.• Bid Acceptance DEPARTMENT. Public Works Bid Acceptance for HWY Handicap Ramp RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Concrete Plus, Inc. in the amount of$31,450.00 for the construction of the Highway Office Handicap Ramp & Sidewalk Project and be it further RESOLVED that the Town Board hereby authorizes and directs Supervisor Scott A. Russell to sign a contract with Concrete Plus, Inc. for same, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2014-465 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter 121 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William R Ruland Seconder 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 2014-466 CATEGORY.• Contracts, Lease & Agreements DEPARTMENT: Land Preservation Page 30 May 20, 2014 Southold Town Board Board Meeting Contract for Pipes Neck Rd Pedestrian Bridge Abutments RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Chesterfield Associates, Inc. in the amount of$106,400.00 for the construction of the Pipes Neck Road Pedestrian Bridge Abutments. All expenses for the construction of said abutments to be a legal charge to the Community Preservation Fund budget line H3.8710.2.400.200 (Land Stewardship/Management); and be it further RESOLVED that the Town Board hereby authorizes and directs Supervisor Scott A. Russell to sign a contract with Chesterfield Associates, Inc. for same, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2014-466 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Noy Abstain Absent ❑ Withdrawn Robert Ghosio Mover 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 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-467 CATEGORY.• Bid Acceptance DEPARTMENT. Town Clerk Interpretive Signage Project RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of KJB Industries, Inc. for the fabrication and installation of the Interpretative Signage project in the amount of$122,411 which shall be a legal charge to the Interpretative Signage appropriation (A.1010.4.600.720) and be it further RESOLVED that the Town Board authorizes and directs Supervisor Russell to execute a contract with KJB Industries, Inc. for same, said contact subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2014-467 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Defeated James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Tabled William P.Ruland Voter 0 ❑ ❑ ❑ Page 31 May 20, 2014 Southold Town Board Board Meeting ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-468 CATEGORY: Policies DEPARTMENT.• Town Attorney Special Events Resolved that the Town Board of the Town of Southold hereby amends the "Town Of Southold Policy For Special Events On Town Properties And Roads" to add new rules prohibiting parade participants from throwing items at spectators and consequences for failure to adhere to conditions. ✓Vote Record-Resolution RES-2014468 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 2014-469 CATEGORY. Trailer Permit DEPARTMENT: Town Clerk Approve the Trailer Permit Application of Daniel Buttafuoco RESOLVED that the Town Board of the Town of Southold hereby approves the trailer permit application of Daniel Buttafuoco for a period of six (6) months, the trailer is to be located at Page 32 May 20, 2014 Southold Town Board Board Meeting 1165 Kimberly Lane, Southold, New York, SCTM# 1000-70-13-20.7 to be used by the construction manager to oversee the building of additions and alterations to a one family dwelling, subject to providing proper septic hook-up for trailer. ✓Vote Record-Resolution RES-2014-469 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 El ❑ ❑ ❑ ❑ 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 2014-470 CATEGORY. Support/Non-Support Resolution DEPARTMENT. Town Clerk Peconic Green Growth Letter of Support RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to provide a letter of support to Peconic Green Growth to work with the County of Suffolk to provide a feasibility study forinstalling alternative wastewater treatment systems to mitigate nitrogen pollution from cesspools and septic tanks in the hamlet of Orient. ✓Vote Record-Resolution RES-2014-470 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ 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 Page 33 May 20, 2014 Southold Town Board Board Meeting 2014-471 CATEGORY. Local Law Public Hearing DEPARTMENT. Town Attorney PH 6/17/14 @ 4:32 PM LL/Parking Pike Street, Mattituck WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 201n day of May 2014, a Local Law entitled "A Local Law in relation to Amendments to Chapter 260, Vehicles and Traffic, in connection with Parking Restrictions on Pike Street in the hamlet of Mattituck" 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 17rn day of June 2014, at 4:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 260, Vehicles and Traffic, in connection with Parking Restrictions on Pike Street in the hamlet of Mattituck" reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 260,Vehicles and Traffic, in connection with Parking Restrictions on Pike Street in the hamlet of Mattituck". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. The purpose of this local law is to improve safety for emergency vehicles, pedestrians and passenger vehicles, as well as dealing with impacts to the public's health, safety and welfare resulting from vehicle stopping and standing on a portion of Pike Street in the hamlet of Mattituck. II. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: §260-13. Stopping prohibited at all times. The stopping of vehicles is hereby prohibited at all times in any of the following locations and at any other location where signage indicates "no stopping": Name of Street Side Location Pike Street North In Mattituck, from the east curbline of Love Page 34 May 20, 2014 Southold Town Board Board Meeting Lane easterly for a distance of 4-6 300 feet Pike Street South In Mattituck, from the east curbline of Love Lane easterly for a distance of 16 feet, and then again from a point 175 feet from the east curbline of Love Lane for a distance of 125 feet 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-2014-471 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Withdrawn ❑ 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 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-472 CATEGORY. Consulting DEPARTMENT. Engineering Structural Analysis of the Fishers Island Cinema RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Scott A. Russell to enter into a professional services contract with L.K. McLean Associates, P.C., for the engineering evaluation of the Fishers Island Cinema located on Fishers Island, at a cost not to exceed $3,495 as outlined in their proposal dated May 20, 2014, all in accordance with the Town Attorney. Page 35 May 20, 2014 Southold Town Board Board Meeting ✓Vote Record-Resolution RES-2014-472 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter CJI ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Seconder 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost VI. Public Hearings None Closing Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: That concludes the business of the agenda. I would invite anybody that would like to address the Town Board on any issue to please feel free? Peter Terranova, Peconic PETER TERRANOVA: Peter Terranova, Peconic. My first question is, has the Town Attorney rendered a legal opinion of the question we had at the last Town Board meeting? Whether the town is obligated to write the DEIS and then the EIS that ultimately accepts the final scope on the jetty shortening project? SUPERVISOR RUSSELL: I will defer to the Town Attorney. TOWN ATTORNEY FINNEGAN: No, I have not rendered that opinion, Peter, for you but there has been some discussion at the Town Board level about the project and where it stands but the action contemplated by the town Board is not rewriting the scope of anything. it was to update the EIS. The scope is the scope, there are three options and that is what was considered. MR. TERRANOVA: Okay but the question is, if you ultimately accept the final scope.... TOWN ATTORNEY FINNEGAN: Right. MR. TERRANOVA: Are you then obligated to go forward with the DEIS and then the EIS? Page 36 May 20, 2014 Southold Town Board Board Meeting SUPERVISOR RUSSELL: The question that Peter raised two weeks ago was that we in fact didn't do an EIS or a DEIS, we did really the scope. It is my understanding that it was actually an EIS that we had done a few years ago. TOWN ATTORNEY FINNEGAN: Yes. MR. TERRANOVA: It was not an EIS. It was the final scope that was not voted upon by the prior Town Board. If you, you are now in the process, you authorized the appropriation of $31,000 to rewrite that. TOWN ATTORNEY FINNEGAN: No. No. There was a DEIS that was done. MR. TERRANOVA: Excuse me, it was not a DEIS. That's the draft environmental impact statement. What, the document is the final scope which is the outline of the draft environmental impact statement. The prior Town Board elected not to reject it, not to accept it, they elected not to vote on it. now the question is, since you approved an appropriation for $31,000 to rewrite the final scope, if you ultimately accepting the final scope, are you then or can you be made obligated by any member of the town to proceed to the next step which is the draft environmental impact statement? It is a very simple question, are you familiar with SEQRA which I am sure you are, you should know what the procedure is. TOWN ATTORNEY FINNEGAN: No, I don't believe that accepting that obligates the town to take any action. MR. TERRANOVA: Okay. Can I have that in writing? TOWN ATTORNEY FINNEGAN: No. MR. TERRANOVA: Why? TOWN ATTORNEY FINNEGAN: Because I am not your attorney. MR. TERRANOVA: I am a member, I am a citizen of the town and a taxpayer of the town, okay? As far as the legal opinion is concerned, why would you be concerned about putting that in writing? TOWN ATTORNEY FINNEGAN: If my client is asking me to do something in writing, I will. SUPERVISOR RUSSELL: Let me just interrupt, first of all, he works at the direction of the Town Board. MR. TERRANOVA: Okay, why don't we just move on? We will let the subject.... SUPERVISOR RUSSELL: Yes, I just wanted to be able to talk to you briefly and try to mitigate some of this discussion. You had raised some issues with regard to the veracity of the original study, the offshore coastal technology study. This Town Board has listened to you and we are Page 37 May 20, 2014 Southold Town Board Board Meeting going to take a hard look at that study. We hear what you have to say, you have raised some valid concerns, this Board has just had a discussion recently to say, you know what? Maybe we need to take a look at that study before we move forward. We want to listen to you and we want to evaluate and include your concerns as we look at that. MR. TERRANOVA: My position was in the last meeting when you authorized the appropriation of$31,000. My point was and I hope that I am wrong is that if you accept the final scope, I feel you are then obligated to proceed to the DEIS stage and then the EIS stage. If that is correct then you need to include in that appropriation of$31,000 the anticipated or estimated cost of the DEIS and the EIS. That was my point, so. I stand with what I say and I stand by I would like an answer at some point. I recognize you may be deliberating that and I respect that. COUNCILMAN GHOSIO: I might be a little confused perhaps maybe on what you are talking about in all honesty, because it is sitting in my car right now but the document that I have that I thought that we were talking about does in fact have a title on it of being a draft environmental impact statement. MR. TERRANOVA: It does not say that, it says final scope of the DEIS. Scope is nothing more than the outline. Again, I can refer you to the New York State SEQRA law, okay, if you are not familiar with it. I am sure you have it in your files or your records and you can download it from the internet and see what the steps are. Okay, let's move on. The Town Board has publicly expressed its desire to take a fresh look at the available information and facts regarding the jetty shortening project. Scott, you reconfirmed that. Councilman Dinizio, Ghosio and Doherty as new councilmembers were very vocal in the regard that they were looking for new information or an update. From the last two Town Board meetings I know realize that just referencing information from a particular report or assessment is not enough. Because the time it takes for you folks to search out and review all the hundreds and perhaps thousands of pages put forth on this topic over the years is beyond what one could expect. So going forward, I will focus my presentations to the Town Board on salient facts with hard copy backup. I will refrain from the tit for tat back and forth with the good folks at Kenney's beach because the emotional element is just too high to have a rational dialogue. Just one comment before I begin, Susan Geitz was correct at the last meeting as saying I am no longer a beach front property owner, so technically I have no dog in this fight other than as a representative of my community and as a taxpayer who is always concerned over the wasteful expenditure of tax dollars. I currently live on the second row of homes in Peconic Sound Shores in a long time family home. In the 1954 hurricane, hurricane Carol, the home sustained flood damage but fortunately my now wife and her family escaped injury. So that's my personal involvement. Okay, so let us begin. Inaudible. Okay, the first thing I want to say, page one, this is the title page of the 2005 assessment of jetty shortening alternatives. This is the study that was paid for by the town. Page two, table of contents. First of all, does anyone see recommendations listed here? None, none. There are no recommendations because they didn't make recommendations. It has been reported in numerous town documents that there were recommendations. There aren't any. What there are is summary of findings. And we will talk about those. That's on the next page, page 3 of my handout, page 38 of my report. First thing I want to highlight which you see in yellow there is hydronamic modeling of a shortened jetty alternative indicate that eddies which form along the beaches east of the inlet during ebb tide conditions move closer to the downdrift shorelines for shortened Page 38 May 20, 2014 Southold Town Board Board Meeting jetties, potentially increasing the rate of sediment transport and possible shoreline erosion. The effect, not possible to model, in other words, they didn't even model it and in concert with the shoreline change modeling could offset the reduced erosion rates that they had projected to be just east of the jetty. So right away, you see there that any shortening of the jetty could very well increase the erosion rates just to the east side of the jetty. Okay. Page 4 of my handout. This is a summary of the findings. As you will see highlighted in yellow, beach width 3,900 feet east of the jetty which is 300 feet further east of the original Bittner groin, under a 33% and 50%jetty shortening scenario, you can see the amount of beach accretion. Anyone care to read it? Zero, none. Nada. So there is your hard copy of what I have been saying right along. Now, I also have, unfortunately I couldn't make a copy of this, a 1984 aerial photo showing Goldsmiths jetty and the Bittner groin both of which have been blamed over time for the beach erosion to the east. Inaudible. Now the Bittner groin is no longer there, what, 10-15 years now? I am not exactly sure when the Bittner groin was dismantled. Now how is it possible that some benefit in the removal from the Bittner groin has not accrued further east, down towards Kenney's and McCabe's beach? Add to that the large volume of sand that has been forced east by the town dredging of the inlet channel mouth, we probably over the last 10 years moved 100,000 cubic yards or so, Jamie Richter can probably get you an accurate estimate of how much sand has been forced east and that doesn't take into account the amount of sand that flows around and through the end of the jetty right now. So how do we explain this? I mean, it doesn't make any sense. But you know, sometimes a small and innocuous piece of information can hold an explanation to a very perplexing problem. Continuing in the jetty shortening assessment report is a modeling of tidal currents and I draw your attention to page 5 of my handout. What you are seeing on page 5 is typical currents that you would expect on an ebb tide that is tide going out, and a flood tide, tide coming in. And you can see the direction of the arrows, they are appropriately approximately east and west. Now while one would assume equal eastward and westward tidal currents to keep the sand in the littoral cell which exists between Horton and Duck Pond Point, the assessment shows a very clear eddy coming off Horton's Point and you can see that on the next page. And that eddy occurs late in the flood tide cycle which flows eastward instead of westward and you can see that again on page 6. This eddy, coming off of Horton's Point gives a net eastward bias to the tidal currents in this troubled area. Adding to this is the pronounced northward shift in the land orientation as you can see on that map there which accelerates the tidal currents in that area. The next page, you can see the exact results. This is a copy of the NOAH, National Oceanographic, you all know what NOAH is, an atmospheric association. These are the bathometric charts which show the deep troughs which exist east of the jetty right off of Kenney's and McCabe's beach. And that is evident on page 7, 1 highlighted those deep troughs in yellow. Now legitimately, you may say, hey these anomalies were created by the jetty but I can assure you they were not because here I must give you some anecdotal information. As a young boy, I frequently fished in this area and that is before the jetty was built. We fished there because of the strong drift and the deep spots that existed. It was great fluke fishing. You all know, when you go fluke fishing you want a good, strong drift and you want deep valleys. So they existed, they have existed for a long time. So another good question, is why this beach erosion did not manifest itself to the same degree before the late 70's and early 80's? I believe two factors were at play in answering that question. First, there were three major hurricanes in 16 years. 1938, 1944 and 1954 and those three hurricanes ravaged the bluff on the north fork and I mean ravaged it. Not like Sandy and Irene which were very, very minor on the north fork. Page 39 May 20, 2014 Southold Town Board Board Meeting At least on the north shore. But those three storms eroded tons and tons of sand from the bluffs into the littoral drift and then the second thing is in the 70's, 80's and 90's and continuing on to this day, is the armoring and bulkheading of the bluff toes that has been going on, on the north fork which is effectively starved the littoral drift of sand. Last but not least of my presentation this evening, I wanted to give you a hard copy of the 1996 workshop study I previously referenced and those recommendations are shown on page 8 of my handout. Now since the mind can only draw what the butt can endure, I will wrap up tonight's presentation and not hold you any longer. At the last meeting, Councilman Dinizio expressed some unhappiness over having to hear nothing but Goldsmith's issues since joining the Board. We at Peconic Sound Shores share that sentiment. Personally, I have far less desire to speak before you on this subject than you have of listening to it. We at Peconic Sound Shores all wish that Supervisor Russell kept to his statement after the last Board decided to take no action on the final scope and that you can see on the page 9 and I will quote, `If there is a hands off approach here, there should be a hands off approach for eternity. We are done with this discussion of the jetty.' Going forward, I will give frequent presentations to the Town Board. I want you to know as much about this issue as I do. Thank you very much. SUPERVISOR RUSSELL: I would ask anybody that would like to address the Board on any issue to please feel free. Susan Geitz, Southold SUSAN GEITZ: My name is Susan Geitz and I am a resident of Kenney's Beach. I have been here since the early 50's when we had 100 feet of beach in front of our house. No hurricanes took the beach away. If you were to go and stand, if you have never been here before and you would go out and stand at the end of that jetty and look to the west and look to the east, you would say, what the hell happened? All the sand is on that side on the west side and there is nothing on the east side. And it continues to be that way. The jetty, I would hope, we don't want the whole thing to come down and if you took the jetty down, where is that sand going to go? It is going to flow westward. Oh, eastward, sorry. Give us a break, please. We love our homes, alright? We voted for that jetty when it came about because we felt badly for the people down there that they were going to lose their homes. It doesn't seem that goes both ways. And we would appreciate the fact that it would take an idiot not to realize that something is wrong when you stand out there and see the sand all the way out on that jetty and they have 300-400 feet of beach and we have nothing. You have to be able to look at it and say, what happened? Alright? Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board? Hugh? Hugh Switzer, Peconic HUGH SWITZER: I am Hugh Switzer, from Goldsmiths Inlet in Peconic. I am here representing the Group to Save Goldsmiths Inlet. I want to thank you for the opportunity to speak to you about the serious issues facing Goldsmiths Inlet and the opportunities we have to address those issues. First, I want to speak to the issue that Mr. Terranova just spoke about and I want to thank you for moving forward with that SEQRA process because there is an issue related to the current jetty that as of today affects the inlet and that is that sand is going through, as Peter mentioned, the end of the jetty and it is adding to the sand bar which is sitting right in front of the Page 40 May 20, 2014 Southold Town Board Board Meeting channel which then gets forced into the inlet. So it is another one of the sources, the many sources of sand that is filling Goldsmiths Inlet. And it is the reason we have supported the repair of the jetty. But today I want to request to the Board that you move forward with phase 3, the final phase of the Goldsmiths Inlet studies that have been going on and have been funded by the state and the county. This phase 3 is very specifically going to focus on the cause of the problems and it is going to focus on the long term solution. And when I speak of the inlet, I am speaking of the channel which comes in from the Sound as well as the pond behind that channel. And I make a point that Goldsmiths Inlet is fairly unique. It is only one of two inlets on the north shore in Southold and it is the only non-commercial one, so it is there as an environmental and recreational treasure for the town. Just a little history, the inlets problems really began to intensify in 1964. In 1964 more than 50 years ago, when that single western jetty was rebuilt. As a single jetty and extended out to its current length of over 300 feet. Now the primary cause of the problem (inaudible) is that we have got that single jetty that creates this wide funnel right at the mouth of the channel which causes sand to be trapped and forced into the inlet, the channel and the pond. An important point is, before 1964 for hundreds of years there were no man-made structures there and everything was fine. In the 1800's the Goldsmiths mill was installed, they had two bulkheads about 40 feet apart, they went from the edge of the Sound into the mill and that kept a very deep channel open but it was two equal length structures. Then in the 30's when those bulkheads deteriorated, the town installed two wooden jetties that only extended about 100 feet into the Sound, again, equal length keeping a narrow opening into the channel, everything was fine. Now as a result of this funnel effect, where are we with the inlet today? Well, we do have major erosion on the eastern side of the channel, along the shoreline there, if you go down there today, in fact it was in the newspaper there were pictures of septic tanks that are now exposed, we have lost somewhere between 50 and 100 feet of the shoreline there and the fact that the septic systems were of the four houses that used to be on that point. With major erosion in the channel coming into the pond. And that erosion is continuing day after day and it is even undermining the recent armoring that was placed there in 2012. The sand that is coming in, the scouring and off the littoral drift being tracked, it has been reported as being in excess of an inch a year. so in 50 years, we have about 6 feet of sand that has been trapped and forced into the pond and into the channel. Six feet of sand. That has created the need for continual dredging just to keep the minimal flow open. The problem with that is every time we open the channel up, no matter how the dredging has been tried to be done, we open it up and more sand is being forced back into the pond. So it is kind of damned if we do and damned if we don't, a double edged sword. You get some short term results and you get a long term negative impact. So with increasing pollution in the inlet, shellfishing has been banned for decades. Not for years, not for a couple of seasons, decades. Swimming is threatened by the pollution, we have lost native habitat, we have invasive species such as phragmites form rapidly. You have got a continued flooding and storm surge exposure for Second Avenue and Mill Lane as well. The cost of the short term repairs and mitigation efforts building over time are approaching $1,000,000, there is money being spent annually not able to stop the problem and we basically have got the ongoing destruction of a wonderful natural habitat. Now, you might wonder and might rightfully ask the question what has the community done about this? Well, for a long time the community supported the town and the county's effort to do the dredging, to do the armoring, to do the short term thing because we believed that that would have a positive effect. But collectively I think over time we have seen that all of those efforts and all that money being spent, were short term Page 41 May 20, 2014 Southold Town Board Board Meeting efforts and short term efforts, we are losing the inlet on the long term because it just opens it up to more sand. So in 2009, local citizens created the Group to Save Goldsmiths Inlet and just real quickly, more than 400 people have actively been involved and joined in the wide range of public action, support to the group, we have volunteered cleanup that have removed tons of debris, I mean tons, we have another cleanup on June 14th and we'll take a few more tons of debris out of there that gets forced in along with the sand. We have supported the town's best efforts and we appreciate those efforts highly, I want to emphasize that. we can't tell you how much we appreciate the efforts being made on an ongoing basis to try to help that inlet. Another thing we have done is we have developed homeowner best practices, ecological practices and we have distributed that to more than 200 homeowners in the area. The end, the town, this is very important, the town has used all of these volunteer efforts, the hours that we have put into this reclamation project as offset match for the state and county funds that have been made available. So since 2009 when we formed the group, the town also in 2009 developed the Goldsmith Inlet management plan and this is the plan that covers the full scope of the issues in the inlet. From the sand infilling, to the pollution, to the stormwater management, invasive species, debris removal, etc., that was in 2009. In 2010, 2011 the county and the state came onboard. They funded the three phase study that started in the next year, 2012, which is intended to implement that management plan. And again, the matching funds from the community's efforts are matching against that. so in 2012, we had phase 1 of the three phase effort and Cornell Cooperative Extension did the water quality analysis study of the inlet and of Autumn Lake, what they found is that the pollution level was from 10,000 to 12,000 times higher than the DEC allowable limits. It identified animals through DNA (inaudible) to identify animals and birds as the primary sources of the pollution and they found that the tidal range and flushing rates are restricted, severely restricted. That was 2012. In 2013, we had this firm (inaudible) completed the sand (inaudible) analysis and what they found was that the cause of the sand inflowing was the following: they also that the opportunities to do short term improvements, the short term dredging activities and they propose a number of different ones including having the fire department come down there with hoses but they ended up not proposing that but they also very clearly stated, it is not going to stop the sand from coming in because it doesn't deal with the faults. And finally they recommended that the town should evaluate the feasibility of rebuilding the eastern jetty which will eliminate the funnel and restore a narrow opening and eliminate the problem. So now we are in 2014 and we are ready to do phase 3 and we request that the Board authorize moving forward on phase 3. We think there is some very good reasons to do that. First of all, it is consistent with the town's Goldsmith Inlet management plan. We use the very effective and proven SEQRA planning process which as you all know, looks at an approach and all the alternatives. It will support and coordinate with the SEQRA process that you all are considering for the current jetty. It is consistent with the LWRP and supported by local homeowners, supported by environmental groups, Group for the East End and North Fork Environmental Council, Peconic Land Trust, North Fork Audubon Society, it is supported by the DEC, it is obviously supported by the county and the state, they provided the funding. Inaudible, will be coordinated with the Army Corps of Engineer Arshomomaque Cove study (inaudible). Again, matching funds are available through all the volunteer efforts for the grants. They would address the longterm issues, the cause and the solution because what it is going to do is focus on again, the possibility ramifications of a second jetty but it will also look at taking out some of the sand. About 50 years of sand has been trapped, so one of the aspects of this prospect would be to Page 42 May 20, 2014 Southold Town Board Board Meeting look at dredging that sand out and putting it back in the littoral drift we were talking about earlier and maybe down the eastern shoreline. 50 years worth. So, we ask you approve moving forward to the final phase of the inlet evaluation process as soon as possible because the clock is ticking on the inlet. It is getting worse and worse. And thank you again for your continued support. Thank you very much. Charles Geiitz, Southold SUPERVISOR RUSSELL: I would invite anybody that would like to address the Town Board? Mr. Geitz? CHARLIE GEITZ: Charlie Geitz, Leeton Drive. Solution, take the jetty back 200 feet put the rocks on the other side and you got the inlet open again. no problems. SUPERVISOR RUSSELL: Anybody else? Bill Shipman, Cutchogue BILL SHIPMAN: Bill Shipman, Horseshoe drive, Cutchogue. I have a couple of concerns regarding Vineyard 48 after the extensive action that was taken against them regarding the tents. It has been three weeks, they are still there, I was wondering if there was going to be any action taken? SUPERVISOR RUSSELL: I think there was action. I think they were violated for the tents. I don't want to speak out of school but Martin, can you update Mr. Shipman on what the town has done? TOWN ATTORNEY FINNEGAN: Yes, the violations have been issued and will in all likelihood be reissued, as to the site plan violations, they are going to be addressed. The Police Department and the Code Enforcement officer are going to be out there this weekend making sure they are complying with the pending court order which is allowing them, you know, the stay order which is allowing them to operate in a limited capacity and also with the conditions of the site plan, which are in place and immediately enforceable. So the State Liquor Authority is also in the process of handling their appeal and they have requested documentation from both the Code Enforcement officers and from the Police Department as to what is going on, on a regular basis, so they can keep the court informed of that. MR. SHIPMAN: 2012, 2013 and now 2014 they have tents up which they, the Town Board is taking the position that they shouldn't have them up and they are continually cited. Why can't they be confiscated, impounded? They are not supposed to be there over an extended time. It's not like we have told them you can't have them for the season, they don't get permits, I have to get permits. I have to get landfill permits. I have to get yard sale permits, I pay my fees. This is the fourth year that it's going on, third year that they are not supposed to have those tents but those tents are there. it is in their site plan determination from December 16, 2013; no tents, no sales, no awnings and then there was a description by the ZBA which said why they shouldn't be there and I hate to be the guy that's back again but they are back. So, you know they are going to sue the town anyway. Pat Moore is determined to sue the town, so take their tents. Tell the Page 43 May 20, 2014 Southold Town Board Board Meeting contractor he has got three days, four days, five days. Tell them five days, he'll pick up the tents. If he doesn't pick up the tents, take them. TOWN ATTORNEY FINNEGAN: We don't have the mechanism in our code that allows that to occur but what I can tell you is that in the context of the ongoing litigation they are in violation of the court orders. Our position is the tents (inaudible) in conjunction with events, they are not allowed to have events, so what we are doing is reporting the violations to the court. As you know, it doesn't always move as quickly as we would like it to do but you know, believe me, we are aware of what is going on, it is, action is being taken. MR. SHIPMAN: It's been the last 4 years. I am thoroughly aware of this but we are talking about the same Vineyard 48, their liquor license was revoked in December. They have the stay to operate, right? TOWN ATTORNEY FINNEGAN: Right. MR. SHIPMAN: So their liquor license that they were last operating was September 30, 2011 and nobody wants to take action and take the tents, take them. Tell the contractor, five days. they move town people's cars for violations. And trust me, I am not trying to be a jerk, I am not trying to be that guy but they are making me be that guy. September 21, 2013, I filed a police report saying there were more than 60 vehicles on the site which was limited to 34. Then again the next week, September 28, a particular individual was observing what was going on at Vineyard 48 with me and four police cars with lights and sirens respond to that location, it was probably another SLA referral, and a Sergeants car. You only have 5 or 6 police cars and they were all there. So this stuff is happening. And the ZBA, their report on this whole issue is 267 pages with the police report from 9/21/13 in there. So, hurt their feelings, do something. They are going to sue me soon too. I asked for the amount of money that was spent on litigation, I was told I would get it in a month. I understand. I found the web link site, $23,600 paid to Smith, Finkelstein. $23,000. Besides the countless hours, countless money you spent out of the town attorney's budget. And I am not saying that they shouldn't be paid but this is a cost that this business is applying to every taxpayer in Southold Town. We all live in this town. It is costing you, it is costing me, it is costing everybody here. So, 9/21, 9/28, 5/10/14, more than the 34 vehicles on that site. What action is being taken in Supreme Court to make the judge aware of that? TOWN ATTORNEY FINNEGAN: Well, all of the documentation that was submitted to the Zoning Board including those reports are a part of the record in the court. They have challenged the Zoning Boards determinations as well as the Planning Boards, so all of those records, all of those incident reports, all of that is part of the record. MR. SHIPMAN: Within three months of them filing the reports, sometime in January, everything is full submitted by April but we are still stuck with the original Supreme Court case from 5/20/2012. TOWN ATTORNEY FINNEGAN: Well, there are different actions now.... Page 44 May 20, 2014 Southold Town Board Board Meeting MR. SHIPMAN: I understand different actions but I am saying the town's actions in the court is going on two years, over two years. Mr. Moore's action, everything is done. Fully submitted in less than three months... SUPERVISOR RUSSELL: Submitting an action and having it adjudicated or heard by a judge are two very different things. The submission of, correct me if I am wrong Martin, but the submission of article 78's does not imply that these are issues that are solved anytime soon. TOWN ATTORNEY FINNEGAN: No, they haven't even briefed the court yet. But they have to file, there is a statute of limitations issue, they have to get those filed and answers filed and returned. It is not fully submitted yet, it is about to be briefed to the court. So but keep in mind, we have two injunctions based on our actions which are still in place for(inaudible) sites. MR. SHIPMAN: I understand, but they are violating it. and they are still, it just keeps, they still violate those injunctions and they have no consequence for it. TOWN ATTORNEY FINNEGAN: I understand they started up again last weekend, we are gathering more information for it and it is going to.... MR. SHIPMAN: This has been going on since the 26`x' of April, it's been getting bigger and better every weekend. And it's the same thing, I am saying the same thing I am coming back every year, it's bigger and better. What do you think it's going to be Memorial Day weekend? Fourth of July weekend? And I stayed away during election time, I didn't bring any issues up. I disappeared for months. They have to have some kind of consequence for their actions they are taking. If I take an action that's, if I don't have my permit, are they going to let me into the landfill? No. If I go in and bypass the scale operator, what are they going to do? They are going to call the police and I am going to be arrested for trespassing or I get a ticket for trespassing. So something has to happen in the next couple of weeks. They can't be allowed to do what they want, what they please. They have no liquor license. They are operating under this tent. And I say it over and over because it is amazing to me that I can actually say September 3, 2011 is their last time that they had a proper license. And they have been operating (inaudible) for three seasons. So where is my justice? Where is my neighbor's justice? Where's the town's justice? TOWN ATTORNEY FINNEGAN: Well, you know the town doesn't have any, we don't have any jurisdiction over their liquor license, so... MR. SHIPMAN: No. TOWN ATTORNEY FINNEGAN: The SLA has taken this thing pretty far for, yes. MR. SHIPMAN: They have probably spent hundreds of thousands of dollars. COUNCILMAN GHOSIO: I hesitate to sit here and listen and not comment because I sympathize with what you are saying and I can understand the frustration. I think those of us Page 45 May 20, 2014 Southold Town Board Board Meeting that watch a lot of TV tend to believe or to hope that the law is almost like it is on a one hour show, where you know the issue is presented at the beginning and an hour later it is resolved. We tend to think or feel that's the way justice should be. And in many ways, I think that that's a valid point of view. Unfortunately, I get frustrated by it all the time. The difference between what we do in the private sector and what we do in the public sector in terms of how long it takes things to get accomplished is distressing at times. Unfortunately, this is one of those cases I think, where we are doing what we can and hoping that we are not going to jeopardize our good position in what the ultimate outcome will probably be. I think that, I think that it's a valid reaction that yes we ought to go in and just remove the tents etc. etc., it may in the end jeopardize our position or our standing and I hate to do that. MR. SHIPMAN: I don't think that it's going to jeopardize anything. if somebody doesn't abide by a building permit because there is a stop order on it, okay, some people, yeah, they are going to continue but the majority, it stops until things are sorted out. COUNCILMAN DINIZIO: By the way, I was the one standing there with you, Bill. There was actually five police cars and the supervisor. MR. SHIPMAN: It wasn't me that called. COUNCILMAN DINIZIO: That's right, it was me. But I am as frustrated as you are by this, Bill but I do know one thing that if we break the law, our consequences are much more drastic than the other. These people you have just alluded to, you know, if a guy gets a stop work order on a house, you know, we can put a stop work order on a house but we can't bulldoze that house, okay? I mean, we are just taking something apart here. MR. SHIPMAN: Well.... COUNCILMAN DINIZIO: Hold on, hold on. You know, we can't just go on to a property and tear down someone's property. We just can't do that, you know, you mentioned the dump. It is not a valid comparison because we control who goes in there by that permit, so you are trespassing. This is not the same thing. This guy owns these tents, I understand your frustrations. You have to understand, all we have to do is make one mistake and everything goes the way of the wind. If we stay the same, our same course, which is continue to violate them, I know that you get it every weekend, I ask you to call me, I will come up there, stand with you, be with you Bill, and eventually someday you may be looking at a vacant building over there. I know that would make you sad, I know that one because you love the fact that there could be a business, a viable law-abiding business there and maybe at some point in time that may be but I've seen time and again, when you have a person intent on breaking the law, okay, that can afford to break the law, you know, it takes patience. Okay? it takes diligence for us to stay the course so eventually we have our laws confirmed by the court. It is just not there yet. The process is slow, most of it is out of our control. It is upstate, it's the SLA. It is not even the cost, it is not just the $23,000 that we spent on someone to represent us there, it is five police cars showing up there (inaudible). You know, it's your calls to our dispatchers. It is nuisance in the town, so we are well aware of it. I am as frustrated as you...no, I am not. I am half as frustrated Page 46 May 20, 2014 Southold Town Board Board Meeting as you are, Bill, but honestly, it is bad enough for me. I can understand yours and certainly the Fishers, I know it has to be, it would just drive me crazy. MR. SHIPMAN: Inaudible. Starting May 23rd, Vineyard 48 posted at 5:16 PM, Vineyard 48 "Friday night Mellow music series" starting May 23rd featuring (inaudible) drink specials every Friday. Reservations recommended beginning the 23rd to Labor Day 2014. COUNCILMAN DINIZIO: Okay, now wait a minute. The music you say is better than it has been. MR. SHIPMAN: But the hours are (inaudible) COUNCILMAN DINIZIO: Well, no, no. I think they are still entitled to serve tastings. MR. SHIPMAN: They are allowed to serve tastings, yes. Not drink specials. Inaudible. COUNCILMAN DINIZIO: Again, inaudible not breaking the law. You had better follow the rules. MR. SHIPMAN: Inaudible. COUNCILMAN DINIZIO: You know more about it than I do. I agree with that. MR. SHIPMAN: It is horrible that I even have to get any of this information at all. You are familiar with SLA farm winery licenses, who would ever hear about that until there was a dance club across the street from your house? So now everything is (inaudible) you are not supposed to do it, I am here to tell you about it, that's all. COUNCILMAN DINIZIO: Well, again, I hope you can be patient because honestly it is going to take patience. MR. SHIPMAN: I am trying to be patient. Inaudible. And it happens three weekends, tents aren't supposed to be there and then your burden changes, special events laws, put in parking restrictions, costs the town 20 no parking, no standing signs. They are not miniscule but it is still added to the $23,000 and it is going up there (inaudible). SUPERVISOR RUSSELL: I deal with Vineyard 48 on a regular basis because of the complaints it generates. We are covering every base legally, the problem is the process can be somewhat slow. I think Jim hit it on the head, our ability to (inaudible) the law is much more, our consequences are much more severe than a private citizen. That is the way the whole process is set up but we are addressing it on all fronts, including working with the SLA. They I think really, really put a lot of effort and resources into addressing this issue. Unfortunately, a stay was issued so but all of these issues, what's tasting, what's not, all of these are being presented to the SLA so they can incorporate that in their pursuit of trying to, what their ultimate goal was which is revocation of the license. Page 47 May 20, 2014 Southold Town Board Board Meeting MR. SHIPMAN: Due process (inaudible) and that due process, their license was revoked in a liberal, New York State pro-agriculture. The Governor is nuts for agriculture and they took their license. SUPERVISOR RUSSELL: Right. With our help. MR. SHIPMAN: But I am just saying that it is amazing that they have opportunity to over burden the town with continual litigation and (inaudible). COUNCILMAN DINIZIO: Bill, your word should be arrogance. Because that is what that is. MR. SHIPMAN: I am trying to be nice here. COUNCILMAN DINIZIO: Your choice of words should be what they say, and honestly, that is what it is, an arrogance. You are feeling that every weekend, I mean, I hope you are getting the response that we expect from our code enforcements, I believe we are, we have been staying on top of that, now the course moves slow. We won a battle, I think we need to h old on to that, I didn't think we would ever get. MR. SHIPMAN: I am tired of bothering the police department. COUNCILMAN DINIZIO: That's what they are there for. You know what? Call me and I will call them. Just text me any time you would like, I will call them. They know, they are well aware. Do I respond or not? MR. SHIPMAN: You do. COUNCILMAN DINIZIO: Okay. Alright. COUNCILMAN GHOSIO: It is definitely frustrating, you know, the SLA and everybody that gets involved in this and then one judge can make the stay and put it all on the side. We share that frustration. SUPERVISOR RUSSELL: Who else would like to address the Town Board on any issue? COUNCILMAN DINIZIO: Can I just comment on stuff that was said? With regard to Goldsmiths Inlet, I have heard a lot about Goldsmiths, learned a lot about Goldsmiths since I have been on the board, I am not complaining but quite honestly, the issue needs to be resolved and I am willing to work on that so, you know, I am hoping that, the only way I am going to get that information is from you people that are most concerned. So I look forward to you presenting every two weeks, you want to bring it up, I certainly will listen to it. I am hoping someone comes from the other side and makes a presentation that helps up hear the other direction, if anybody has that and Hugh, you are in the middle. We have to work on that, I just don't know what the answer is to that. Page 48 May 20, 2014 Southold Town Board Board Meeting Peter Terranova MR. TERRANOVA: Jim, I thank you for that and as I said in my presentation going forward, I will present facts, not words. And not emotions but just plain old simple scientific facts. Two and two is four, not five (inaudible) okay, two and two if four. The documents that I presented to you tonight is from your own study so it bears very heavy weight, it doesn't, you know, anybody can get up here and say whatever they want, they can, you know, remanufacture myths and folklore however they want but the facts are the facts, the photographs are the photographs, I have them all, I know the documents, I know the procedures okay, and it is my intent going forward to allow you the opportunity to know as much about this whole issue as I do and as you can tell, I studied it in minute detail over the years and I want to share that information with you and rather than just talking about it, I will present to you the hard copy along with my presentation. So I welcome your willingness to look at it. Thank you. COUNCILMAN DINIZIO: Peter, you should be aware though, that at some point in time we are going to need an expert, okay, I understand you are an engineer but you are aware that you are biased in a direction, I consider you biased in one direction on this. Not a problem, present the facts, I will make the decision of what I think is fact and what I think is not fact but you know, somehow we need to move off the ball on this one way or the other and you know, I am not against looking, I am not against information from anywhere, from anyone and I will make the decisions, I just would hope that you would grant that other side the respect that they deserve. MR. TERRANOVA: Absolutely I do. I 100% do. and one of the reasons you have that handout I sent to you, that I gave you this evening is that was the town's study, that the town accepted. Now if you have a disagreement with the conclusions of the findings there, then you need to go back and rescind the resolution accepting that assessment. COUNCILMAN DINIZIO: I think, we are not there because we have something that is 10 years old.... MR. TERRANOVA: No, I understand that. I understand completely what you are saying but see what I am saying, the town spent money to have that assessment done. That assessment delivered to the town certain information. The town then accepted that in the form of a resolution. Now I just handed it back to you and said what does it say? And it says, hey, you could shorten the jetty by 50% and you are not going to see a grain of sand down in that troubled area. Okay? So you can, if you refuse to accept that then you should really go back and rescind that resolution that accepted it in the first place and say, hey, it was wrong. I mean, you can't have it both ways, you can't accept that and, you understand what I am saying. COUNCILMAN DINIZIO: Yeah but you have got to understand, I don't think we are even to that point yet. MR. TERRANOVA: Okay. That's fine. COUNCILMAN DINIZIO: We still need to explore you know, even the cost of.... Page 49 May 20, 2014 Southold Town Board Board Meeting MR. TERRANOVA: I am well aware of it and that is why I am concerned and why I want that legal issue or that legal opinion brought forward and resolved. I think it is very, very important. Because your approval of the appropriation of the $31,000 and I understand you haven't made that commitment yet, if you do do that and if I am right and I hope I am not, believe me I will be the first one standing up here saying I am glad I am wrong that you are not obligated to go forward with the DEIS or the EIS if you accept the final scope. I will be the first one to say thank god I am wrong. Okay? because if I am correct that you are obligated to go forward, you are talking many years and hundreds of thousands of dollars to write, to do the studies required by the DEIS, go through all the public hearings, go through the review of all the regulatory agencies, the Army corps, the DEC, the fish and wildlife, doing all your studies and then you have got to do an EIS, so I am concerned about that from a taxpayers standpoint, okay? As everyone should. Thank you. Supervisor Russell SUPERVISOR RUSSELL: You know, lord knows I can talk about Goldsmiths jetty all night, it certainly seems like I am about to, the issue with the study. It is a 10 year old study. Circumstances change, you know that. We have no obligation to go back and rescind the acceptance of the study 10 years ago. There is a lifespan to every study and you raised the question two weeks ago, you questioned the veracity of the study to begin with which is what we are considering. We are looking at the study but I don't think we can sit here and criticize the study or dismiss it and then cherry pick the parts we like where it says that. It refers to the Bittner groin which no longer exists, all those things make it need to be updated, so we are listening. We really are. Would anybody else like to address the Town Board? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:55 P.M. l..C. Eliza th A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Page 50