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Home My WebLink AboutTB-08/12/2014 ELIZABETH A.NEVILLE �VFFDIt Town Hall, 53095 Main Road TOWN CLERK �oo� oGy PO Box 1179 Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER y�Yp1 � yyo Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING August 12, 2014 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, August 12, 2014 at the Meeting Hall, Southold,NY. Call to Order 4:30 PM Meeting called to order on August 12, 2014 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived Robert Ghosio Town of Southold Councilman Absent 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 I. Reports 1. Special Projects Coordinator Monthly Report 2. Justice Bruer Monthly Report 3. Trustees Monthly Report 4. Land Tracking Report II. Public Notices 1. NYS Liquor License -New August 12, 2014 Page 2 Southold Town Board Meeting III. Communications IV. Discussion 1. 9:00 Am -John Cushman 2. 9:15 Am -Jeff Standish 3. 9:30 Am -John Bredemeyer 4. 9:45 Am - Kevin Webster 5. Request for Official Crosswalk Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 9:46 AM for the purpose of discussing the following matters: Labor—Matters involving Employment of Particular Person(s). Litigation- NOCRO, Ltd. and heritage at Cutchogue, LLC v. Town of Southold, et al. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Evans, Russell ABSENT: Robert Ghosio 6. EXECUTIVE SESSION-Labor 7. EXECUTIVE SESSION - Litigation Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 10:44 AM . RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Evans, Russell ABSENT: Robert Ghosio 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 10:44 AM until the Regular 4:30 PM Meeting of the Southold Town Board. August 12, 2014 Page 3 Southold Town Board Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Evans, Russell ABSENT: Robert Ghosio 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: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Evans, Russell ABSENT: Robert Ghosio Opening Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance. Thank you. I would invite anybody that would like to address any of the agenda items to please feel free? (No response) V. Resolutions 2014-674 CATEGORY: Audit DEPARTMENT. Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated Au ust 12 2014. ✓Vote Record-Resolution RES-2014-674 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter ❑ ❑ ❑ D ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter D ❑ 11 ❑ Rescinded Jill Doherty Seconder El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost August 12, 2014 Page 4 Southold Town Board Meeting 2014-675 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, August 26, 2014 at the Southold Town Hall, Southold,New York at 7:30 P.M.. ✓Vote Record-Resolution RES-2014-675 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.Roland 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 2014-676 CATEGORY.• Special Events DEPARTMENT: Town Clerk Wounder Warrior Project "Soldier Ride" Financial Impact: Police Department cost for Event = $704.00 WHEREAS the Town Clerks Office has been notified that the Wounded Warrior Project "Soldier Ride" sponsored by Soldier Events, Inc. that was to take place on Saturday, September 13, 2014 beginning at 8:30 AM in Greenport, has been cancelled for this year, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the return of the Event Clean-up deposit to Soldier Events, Inc., PO Box 1905, Amagansett,NY 11930. ✓Vote Record-Resolution RES-2014-676 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter ❑ ❑ ❑ El ❑ Defeated James Dinizio Jr Mover 0 ❑ ❑ ❑ 0 Tabled William P.Roland Voter 0 ❑ ❑ ❑ August 12, 2014 Page 5 Southold Town Board Meeting ❑ Withdrawn Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter EI ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-677 CATEGORY. Public Service DEPARTMENT. Town Clerk Appoint Matthew Stella as a Temporary Marriage Officer RESOLVED the Town Board of the Town of Southold hereby appoints Matthew Stella as a Temporary Marriage Officer for the Town of Southold, on September 13, 2014 only,to serve at no compensation. ✓Vote Record-Resolution RES-2014-677 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 D ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-678 CATEGORY. Contracts, Lease&Agreements DEPAREVENT: Assessors Appraisal of Peconic Landing RESOLVED that the Town Board of the Town of Southold hereby authorizes the Board of Assessors to engage a firm to do an appraisal for Peconic Landing in Greenport for an estimated cost of$30,000, subject to Town Attorney approval. August 12, 2014 Page 6 Southold Town Board Meeting ✓Vote Record-Resolution RES-2014-678 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Voter ❑ ❑ ❑ 0 ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Mover 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-679 CATEGORY.• Property Usage DEPARTMENT. Town Clerk Issue Fireworks Permit to East End Seaport RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a fireworks permit by the Town Clerk to East End Seaport and Maritime Foundation, for a fireworks display on Saturday, August 30, 2014 at 10:00 P.M. at the Greenport High School athletic field, Greenport, upon payment of a fee of$100 and subject to the applicant's compliance with the requirements of the Town's policy regarding the issuance of fireworks permits, as amended, and subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2014-679 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter p ❑ ❑ El ❑ Supervisor's Appt James Dinizio Jr Mover 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 Rl ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-680 August 12, 2014 Page 7 Southold Town Board Meeting CATEGORY.• Budget Modification DEPA.RTME N.T. Public Works Budget Mod to Cover Lease for Cutchogue Municipal Parking Lot Financial Impact: to cover underfunded budget line RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 General Fund budget as follows: From: A.1620.4.100.100 Building & Grounds Miscellaneous Supplies $44.00 To: A.5650.4.400.700 Off Street Parking Property Lease $44.00 ✓Vote Record-Resolution RES-2014-680 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Voter ❑ ❑ ❑ p ❑ Supervisor's Appt James Dinizio Jr Mover p ❑ ❑ Tax Receiver's Appt William P.Roland Voter p ❑ ❑ ❑ Rescinded Jill Doherty Voter p ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder, 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-681 C4TEGORY. Budget Modification DEPARTMENT: Information Technology Server Maintenance Financial Impact: Information Technologies budget line modification for server maintenance. IBMserver hardware yearly maintenance is higher than expected. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 General Fund budget as follows: From: August 12, 2014 Page 8 Southold Town Board Meeting A.1680.4.400.559 AS 400 Software Maint. $1,800.00 A.1680.4.400.351 Display Station Maint. 200.00 Total $2,000.00 To: A.1680.4.400.350 Server Maintenance $2,000.00 Total $2,000.00 ✓Vote Record-Resolution RES-2014-681 Rl Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Voter ❑ ❑ ❑ B ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P. Roland Seconder D ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover a ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 21 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-682 CATEGORY: Budget Modification DEPARTMENT: Supervisor Budget Modification-Supervisor Financial Impact: To cover expenses for the Fishers Island Town Board Meeting on August 6, 2014 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 General Fund Whole Town Budget as follows: From: A.1220.4.600.200 Meetings & Seminars $350.00 To: A.10 10.4.100.100 Supplies & Materials $350.00 ✓Vote Record-Resolution RES-2014-682 0 Adopted yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated Robert Ghosio Voter ❑ ❑ ❑ 17 ❑ Tabled .lames Dinizio Jr Voter El ❑ ❑ ❑ ❑ Withdrawn William P.Ruland Mover El ❑ ❑ ❑ ❑ Supervisor's Appt .till Doherty Voter D ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ 0 Rescinded Scott A.Russell Voter Rl 0 0 0 August 12, 2014 Page 9 Southold Town Board Meeting ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-683 CATEGORY.• Public Service DEPARTMENT: Information Technology Generator Donation WHEREAS,the Town Board of the Town of Southold has been offered a donation to the People of the Town of Southold by Charles Reichert to purchase an Emergency Generator for the Peconic Lane Community Center; and WHEREAS, the Town Board of the Town of Southold is desirous of accepting the donation to purchase an Emergency Generator for the Peconic Lane Community Center, and WHEREAS, the donation includes all fees and expenses associated with supplying, delivering and installation thereof, now, therefore, be it RESOLVED the Town Board of the Town of Southold hereby accepts the donation by Charles Reichert and authorizes and directs Supervisor Scott A. Russell to execute an Agreement relating to the donation and purchase of the Emergency Generator for the Peconic Lane Community Center, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2014-683 E1 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent -- ❑ Withdrawn Robert Ghosio Voter ❑ ❑ ❑ El ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ ❑ 0 ❑ Tax Receiver's Appt William P.Roland Voter O ❑ ❑ ❑ ❑ Rescinded till Doherty Seconder p ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 13 ❑ ❑ ❑ ❑ No Action ❑ Lost Comments regarding resolution 683 JUSTICE EVANS: Thank you, Mr. Reichert. August 12, 2014 Page 10 Southold Town Board Meeting SUPERVISOR RUSSELL: Can I just quickly say, I want to thank Mr. Reichert, he has done so much for this community. He has been very generous. Among several of the things he has done for us in the past was the restoration of the gazebo down the block and the construction of a handicap accessible playground up here at Tasker Park. Thank you for this. 2014-684 CATEGORY.• Budget Modification DEPARTMENT: Police Dept Police Department-Budget Modification Financial Impact: For the purchase of weapons RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 General Fund Whole Town budget as follows: FROM: A.3130.2.300.300 Bay Constables, Equipment $17,200 Boat Engines TOTAL $17,200 TO: A.3120.2.500.600 Police, Equipment $17,200 Other Equipment, Weapons TOTAL $17,200 ✓Vote Record-Resolution RES-2014-684 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Voter ❑ p ❑ p ❑ Supervisor's Appt James Dinizio Jr . Mover El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Roland Seconder D ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter D ❑ ❑ p ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost Comments regarding resolution 684 COUNCILMAN RULAND: Discussion? We didn't discuss it at the work session but what kind of weapons are we purchasing? Do we know? COUNCILWOMAN DOHERTY: A couple of weeks he mentioned he was going to buy tasers? August 12, 2014 Page 11 Southold Town Board Meeting SUPERVISOR RUSSELL: This is probably for sidearms. COUNCILMAN RULAND: Well, I am assuming we need them. I am just questioning but I will find out the answer. 2014-685 CATEGORY. Refund DEPARTMENT. Town Clerk CNS Historical Show &Sale Deposit Return WHEREAS the Cutchogue New Suffolk Historical Council has supplied the Town of Southold with a Clean-up Deposit fee in the amount of$250.00 for their Antique Show& Sale and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that this fee may be refunded, now therefor be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of$250.00 to Cutchogue New Suffolk Historical Council, PO Box 714, Cutchogue NY 11935. ✓Vote Record-Resolution RES-2014-685 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter ❑ p ❑ Q ❑ Supervisor's Appt James Dinizio Jr Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Roland Seconder Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-686 CATEGORY. Refund DEPARTMENT: Town Clerk Atelier Management Clean Up Deposit WHEREAS Atelier Management has supplied the Town of Southold with a Clean-up Deposit fee in the amount of$250.00 for their Photo Shoot and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's August 12, 2014 Page 12 Southold Town Board Meeting office that this fee may be refunded, now therefor be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of$250.00 to Atelier Management, 611 Broadway, #710, New York,NY 10012. ✓Vote Record-Resolution RES-2014-686 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter ❑ ❑ ❑ 0 ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.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 2014-687 CATEGORY. Refund DEPARTMENT. Town Clerk Henry Mazzoni Clean Up Deposit WHEREAS Henry Mazzoni has supplied the Town of Southold with a Clean-up Deposit fee in the amount of$250.00 for their Photo Shoot and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that this fee may be refunded, now therefor be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of$250.00 to Henry Mazzoni, 146-04 25th Road, Flushing NY 11354 ✓Vote Record-Resolution RES-2014-687 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Voter ❑ ❑ ❑ 0 ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter El ❑ ❑ ❑ ❑ Rescinded Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action 0 Lost August 12, 2014 Page 13 Southold Town Board Meeting 2014-688 CATEGORY.• Refund DEPARTMENT.- Town Clerk Slam!Filming Permit Refund WHEREAS Sarah Kamaras on behalf of Slam! Media Group has supplied the Town of Southold with the appropriate fees associated with a filming permits for their Music Video Shoot and WHEREAS the Southold Town Clerk's office received notification from Slam! that the shoot was cancelled, now therefor be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of$410.00 to Sarah Kamaras, 1876 E. 23`d Street, Brooklyn,NY 11229-1529. Refund breakdown as follows: Daily Filming Permit fee: $ 100.00 6 Parking Permits @ $10: $ 60.00 Clean-up Deposit: $ 250.00 TOTAL: $ 410.00 ✓Vote Record-Resolution RES-2014-688 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter ❑ ❑ ❑ 0 ❑ Supervisor's Appt James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-689 CATEGORY. Budget Modification DEPA.RTjVENT. Town Clerk 2014 Budget Mod- Town Clerk Financial Impact: August 12, 2014 Page 14 Southold Town Board Meeting Battery for laptop RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 General Fund, Whole Town Budget as follows: TO: A.1410.4.100.550 Town Clerk $142.00 Contractual, Supplies & Materials Equipment Parts & Supplies FROM: A.1460.4.100.550 Records Management $142.00 Contractual, Supplies & Materials Equipment Parts & Supplies ✓Vote Record-Resolution RES-2014-689 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 Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-690 CATEGORY.• Contracts, Lease&Agreements DEPARTMENT. Town Attorney Lease Agreement W/Canon Solutions for Highway Dept. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Acquisition Agreement Lease or Purchase between the Town of Southold and Canon Solutions America, Inc., in connection with the lease of a Canon IR-Advanced 4225 copy machine/scanner for use by the Highway Department at a monthly cost of$162.00 for a period of forty-eight (48) months, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2014-690 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter ❑ ❑ ❑ 0 0 Defeated James Dinizio Jr Voter 0 0 0 0 August 12, 2014 Page 15 Southold Town Board Meeting ❑ Tabled William P.Ruland Mover 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Seconder D ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter D ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-691 CATEGORY: Budget Modification DEPARTMENT. Trustees Coastal Environmental Services, Inc. Agreement Financial Impact: To fund a special service agreement with Coastal Environmental Services, Inc.for the provision of pump- out boat services to Fishers Island in the amount not to exceed$10,609.00. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 General Fund Whole Town Budget as follows: From: A.8090.4.400.500 Mooring Survey $10,609.00 To: A.8090.4.400.840 Pump-Out Waste Disposal $10,609.00 ✓Vote Record-Resolution RES-2014-691 121 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Voter ❑ ❑ ❑ p ❑ Supervisor's Appt James Dinizio Jr Voter 21 ❑ p ❑ ❑ Tax Receiver's Appt William P.Ruland Seconder p ❑ ❑ 0 ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter ❑ ❑ ❑ ❑ ❑ No Action _T ❑ Lost 2014-692 August 12, 2014 Page 16 Southold Town Board Meeting CATEGORY.• Authorize to Bid DEPARTMENT. Highway Department Sale of Used Highway Equipment Resolved that the Town Board of the Town of Southold hereby declares the following equipment from the Highway Department to be surplus equipment, and be it further Resolved that the Town Board authorizes and directs the Town Clerk's office to advertise for the sale at the minimum prices set forth below. All items can be viewed at the Highway yard. All items are sold in "AS IS CONDITION". (3) Large one-wqy plows #1 - Large 10-foot one-way Flink plow................Minimum Bid $100.00 #2 - Large 12-foot one-way Tenco plow..............Minimum Bid $100.00 #3 - Large 12-foot one-way Flink plow ...............Minimum Bid $100.00 100 gallon hydraulic Globe Lift Inc.tank, complete with 208 Volt Pumping system,Min. Bid$250.00 Asset No. 100, 1981 Hyster Trailer,VIN#1 HKMEGLA9BCO23401, Minimum bid $750.00 Asset No. 3509, 1978 Load-King Trailer, Identification No. 7258, Minimum Bid$750.00 Asset No.112, 1987 Ford F-800 Dump truck,VIN#1FDXT84AOHVA65982, Minimum Bid $1,000.00 Asset No.2556, 1993 Ford F-350XL Dump truck VIN#2FDKF37M5PCB04502,Minimum bid$750.00 Asset No.2499, 1999 Dodge Ram 3500 Dump truck,VIN#3B6MF365XXM569051, Min Bid $750.00 Asset No.2251, 1997 Dodge Ram 2500 Pickup truck,VIN#1B7KF26Z4VJ603107, Min Bid $300.00 Asset No. 2364, 1999 Ford F-250 Pickup truck,VIN#1 FTNF2l LXXEB05196,Minimum Bid$300.00 Assets No. 3310, 1997 Dodge Ram 1500 Pickup truck VIN#B7HC I 6Y7VS315726,Min. bid $300.00 Asst No. 2505, 1999 John Deere Model JD6200, Serial #L06200H, Minimum bid $2,500.00 Asset No. 2359, 1998 Ford Crown Victoria, Vin#2FAAP71 W3WX163145, Minimum bid$300.00 Asset No. 2353,1998 Ford Crown Victoria 4-door, VIN#2FAFP71 WOWX163099, Min Bid $300.00 Asset No. 3281, 1998 Ford Expedition, VIN#I FMPU I 8L4WLCO0616, Minimum Bid $750.00 Asset No.1790, 1992 Graco linelazer striper, #GM3500, Minimum Bid $100.00 Asset No. 1715, 1963 35yd steel dump trailer, STM#1031, Minimum Bid $1,000.00 ✓Vote Record-Resolution RES-2014-692 0 Adopted Yes/Aye No/Nay Abstain Absent August 12, 2014 Page 17 Southold Town Board Meeting ❑ Adopted as Amended Robert Ghosio Voter ❑ ❑ ❑ 0 ❑ Defeated James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Tabled William P.Ruland Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter R1 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Voter D ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter D ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-693 CATEGORY. Employment-FIFD DEPARTMENT: Accounting Approve Resignations of John Testa, Mary Ellen Marcotte &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 August 4, 2014 that approves the voluntary resignations with effect July 31, 2014 of John Testa, Mary Ellen Marcotte and Lynn Ciccone. ✓Vote Record-Resolution RES-2014-693 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 D ❑ ❑ ❑ ❑ Rescinded Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-694 CATEGORY. Employment- FIFD DEPARTMENT.• Accounting Increase Salary of Rodney Brown RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the August 12, 2014 Page 18 Southold Town Board Meeting resolution of the Fisher Island Ferry District adopted August 4, 2014 that increases the salary of Rodney Brown effective August 7, 2014. ✓Vote Record-Resolution RES-2014-694 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter ❑ ❑ ❑ 0 ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Mover 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ 0 ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-695 CATEGORY. Contracts, Lease&Agreements DEPARTMENT: Trustees Agreement with Cornell Re: DNA Testing RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and Cornell Cooperative Extension of Suffolk County in connection with conducting a Coliform Enumeration and DNA Source Tracking for West Creek and New Suffolk waterfront, to further support the ongoing efforts by the Town's Local Waterfront Revitalization Program, at a cost not to exceed $5,616.54, plus out-of-pocket expenses for postage, photocopying, etc., subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2014-695 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 Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost August 12, 2014 Page 19 Southold Town Board Meeting Comments regarding resolution 695 COUNCILWOMAN DOHERTY: I just want to, Jay Bredemeyer has really put together a good team on the committee and they have gotten trained to do the water testing and it has made it possible that we could do this water testing. With the cuts at DEC and we are able to continue our water testing and hopefully open these creeks. So I just wanted to let everybody know that this is what this is about. We are moving over obstacles and getting the work done. 2014-696 CATEGORY.• Contracts, Lease&Agreements DEPARTMENT. Recreation Hire Fall 2014 Recreation Program Instructor Resolved that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement with the following individuals and businesses for the Fall 2014 Recreation Programs, all in accordance with the approval of the Town Attorney. Funding for the instructors listed below has been budgeted for in the Recreation Department's 2014 Instructor line A7020.4.500.420. Judy McCleery (Digital Photograpy) $30/hour ✓Vote Record-Resolution RES-2014-696 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter ❑ ❑ ❑ 0 11 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 2014-697 CATEGORY. Employment -Town .DEPARTMENT. Accounting Permission to Attend NYBEAS Seminar Accounting Dept. RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town Comptroller John Cushman and Secretarial Assistant Christine Foster to attend a New York State Health Insurance Program (NYSHIP) Regional Meeting in Hauppauge, New August 12, 2014 Page 20 Southold Town Board Meeting York on Thursday, October 16, 2014. All expenses for registration, travel to be a legal charge to the 2014 Accounting Department budget (meetings and seminars)A.1310.4.600.200. ✓Vote Record-Resolution RES-2014-697 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 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 2014-698 CATEGORY.• Budget Modification DEPARTMENT. Public Works Reappropriate Park&Playground Funds Financial Impact: Re-appropriate 2014 appropriation for Tasker Park Tennis Courts Re-surfacing RESOLVED that the Town Board of the Town of Southold hereby increase the 2014 General Fund Whole Town budget as follows: Revenues: A.2025.00 Special Recreation Facility $16,000 Appropriations: A.1620.2.500.850 Tasker Park Improvements $16,000 ✓Vote Record-Resolution RES-2014-698 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Voter ❑ ❑ ❑ 0 ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Roland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Rl ❑ ❑ ❑ ❑ Rescinded Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action 0 Lost August 12, 2014 Page 21 Southold Town Board Meeting Closing comments Supervisor Russell SUPERVISOR RUSSELL: That concludes the agenda, would anybody like to address the Town Board on any issue? Jill Franke JILL FRANKE: Hi, Jill Franke, Southold. I have several things I will probably just go over one or two tonight because I am not well prepared, I thought the meeting was at 7:30 but I wanted to thank you for the moment of silence for the Stoutenburgh family and I am glad the family did not have to wait to request it for six months prior to it happening. Regarding the Justice Court director position, now with medical benefits and whatnot, it is over $102,000 not including the vision and dental, so when I FOIL'd that from John Cushman I received in my FOIL request, the dental is held through the CSEA benefit fund and the premiums are fully funded by the Town. So when I read the letter to Supervisor Scott Russell from the director of finances I guess from the CSEA, he said pursuant to the current agreement between the CSEA benefit Town of Southold retirees. When you retired, I was under the assumption that you did not keep your vision and dental. When did that come into effect that they keep their vision and dental? SUPERVISOR RUSSELL: It has been part of the contract for as long as I have been here, to my knowledge. There was a time where the employee and town would contribute I think 50% each to the cost. I think the town had assumed that cost at a time prior to my being here. MS. FRANKE: Because I know Mrs. Zimnoski and my mother also were both having a lot of dental work and vision work done while they were still covered prior to retiring. I don't know when, my mom left in 2010, 1 think Theresa must have left in 2009, I am not sure. Anyway, it didn't answer my question in my FOIL, so I will have to re FOIL it. I was just surprised that it said for a Town of Southold retirees because I didn't realize they carried their vision because my mother wasn't aware of that after working here 52 years. But anyway. And the resolution on the Recreation department for Judy McCleery, that's fine, I didn't really have a problem with it. my issue was if something is done for one, it should be done for everyone. Now when I worked in the Rec department and I was doing volunteering for teen night, I was told my husband and I could not volunteer, we could not do it for free, we had to be paid the $30 an hour. And then someone from the Town Clerk's office complained and I was told I could no longer chaperone or volunteer for the Rec department for any night programs and my husband couldn't because we were double dipping. To keep a teen program running, that's pretty sad. Also, the computer program that was being run, the man who was running the computer program, I don't remember his name off the top of my head, however, he became ill. I had contacted 12 people to try to keep the computer program going because it was very popular. The only one I could get was an employee of the town and I was told by you I was getting my friend a plum job and I had to talk to the previous Town Attorney and everything to keep that program running and it ended up August 12, 2014 Page 22 Southold Town Board Meeting folding because they no longer had internet access. So you should come up with a policy and if it's done for one, it should be done for all. Just like the moment of silence.... SUPERVISOR RUSSELL: My understanding is that employee was hired to teach that course and the reason that course no longer continued is because of the lack of internet access? MS. FRANKE: Yes. SUPERVISOR RUSSELL: Okay. MS. FRANKE: Because she did take it and it would just be until the man came back from his illness and it was just to keep the program running. It was a temporary thing and several people had been contacted prior and they did not want to do it. She did not want to do it either because by the time she paid a babysitter and came out here for an hour from where she lived and stuff, it really wasn't worth it and the program collapsed because they could not get internet access. And that's why they were taking the program, to learn how to email photos of their kids back and forth, you know, elderly people who their children have moved away and they are trying to have communication with their grandchildren and stuff and without internet access, it is a pretty useless course. And a lot of time it would fill up and then when they found out there was no internet access they would drop out and the town would have to refund their money back. And that's another thing, recreation department, when a class cancels, the Town Board should be notified of that. I know he's not. So you see an 8 page brochure and you think he is offering a lot but a lot of stuff gets cancelled. Another question I had is in resolution 2014-667, at the Fishers Island meeting the other day, you appointed Lori McKiernan to the clerk-typist position in the Planning Department at the rate of$35,766, is that, you just appoint people? Because I am on the civil service list and I was not canvassed for that position. SUPERVISOR RUSSELL: I believe they interviewed the candidates and she was reachable on the list. MS. FRANKE: Well, she scored the same as me. We are both 619 on the list, we both scored a 90 on the exam and I was not canvassed. And this is not a common thing. I finally was canvassed for a clerk-typist position in the Building Department and I got a letter from Christine Foster that said I could come Monday through Friday, so I contacted them and said I could not come on Monday, I would like to come Tuesday through Friday and I was told by John Cushman if I did not come Monday, that's the only day they were doing interviews, I would not be interviewed for the position. SUPERVISOR RUSSELL: How long ago was that? MS. FRANKE: When did you hire the person in the building department? That was in May or June? And he was quite rude and nasty about it. I mean, I am on several civil service lists and I have been high up on all of them and I never get canvassed by the town since I had that disagreement with you and you released me from my position in the recreation department. Which if my vacation and sick time had gone in it would have taken me to Friday, my mom August 12, 2014 Page 23 Southold Town Board Meeting passed away on Sunday and I would have been on bereavement leave on Monday. And you didn't hire anyone to fill my position until October, so is it really necessary? SUPERVISOR RUSSELL: Is what? The position necessary? MS. FRANKE: Yeah. SUPERVISOR RUSSELL: Yes, I believe so. MS. FRANKE: You believe so? SUPERVISOR RUSSELL: Yes. We are trying to grow that department, with some success. We are trying to provide new offerings... MS. FRANKE: When I started working there, Ken Reeves had a 4 page brochure. And in three months you had an 8 page brochure, from me working there. SUPERVISOR RUSSELL: I don't know that you want to discuss the circumstances around that in a public setting, you know... MS. FRANKE: Doesn't matter to me, everyone out on the street knows it. SUPERVISOR RUSSELL: Well, then, probably know your perspective of it and that's fine but I don't think you will recall at the time, what I tried to do and this is completely inappropriate for public discussion but I simply tried to get.... COUNCILMAN DINIZIO: I would agree with that, Scott. Why don't you come in and talk to the Supervisor. I don't like to discuss personal issues in the public like this. It is not comfortable, it is not fair. MS. FRANKE: It's not fair to you, why? To get the truth out there so the public knows what's going on? COUNCILMAN DINIZIO: Well, because it is personal, that's why. MS. FRANKE: Doesn't matter to me. COUNCILMAN DINIZIO: But it matters to me. MS. FRANKE: Well. COUNICLMAN DINIZIO: I don't like the way this is going, I think there are other avenues for you to pursue. August 12, 2014 Page 24 Southold Town Board Meeting MS. FRANKE: So you should come up with some policy that if you do something for one, it should be done equally for everybody. Not pick and choose. SUPERVISOR RUSSELL: I don't know that we did that, in the issue of the instructor, there was an employee from the town that was going to teach a computer class. We permitted that. MS. FRANKE: Yes, you did. SUPERVISOR RUSSELL: The internet access was what stopped that. MS. FRANKE: Yes. You permitted it but you gave me a hard time about it, told me I was giving my friend a"plum job", I might even have the email with that in there.... SUPERVISOR RUSSELL: Okay. MS. FRANKE: And I had to talk to the Town Attorney and explain that it was a temporary position until the man was better. SUPERVISOR RUSSELL: Well, I think at the time the concern was, if the employee is working as a full-time employee, are we going to be faced with an overtime claim? And that is a big concern when you are trying to keep costs down. MS. FRANKE: No, because it was an instructor thing as part of the recreation department. SUPERVISOR RUSSELL: That's a separate contract. MS. FRANKE: It was a separate and you even had her sign.... SUPERVISOR RUSSELL: But the point is, at the end of the day, we permitted it and in this instance, we have permitted it, this particular person was teaching the course before she was hired by the town. At no time during the interview or hiring stage, did we ask her to surrender her instructor contract for the town. MS. FRANKE: Inaudible. SUPERVISOR RUSSELL: You raised the issue two weeks ago, we thought about it and the town talked about it, the town deliberated on the issue. So I think this board took the points you made seriously. MS. FRANKE: But what I am saying is, if you do for one, you should do for all. I had chaperoned teen night prior to working in the rec department. I wasn't asked to surrender anything. SUPERVISOR RUSSELL: I don't remember anybody ever telling you, you couldn't volunteer... August 12, 2014 Page 25 Southold Town Board Meeting MS. FRANKE: Yes, Ken Reeves. COUNCILWOMAN DOHERTY: Can I suggest, I mean, there's nothing we can do to change the past right now and what Scott was saying, he brought it up to us. We talked about it and we can develop a clear policy that all the parties know what that policy is. Ken will know what it is, we all know what it is and we will do the right thing moving forward. MS. FRANKE: That's what I am asking to be done. Inaudible. COUNCILWOMAN DOHERTY: To keep hashing over the past is not going to, you know, we need to just come up with a policy. MS. FRANKE: Well, I am just getting it out there, how I have been treated, what goes on in the town so it is brought to light, so the public knows. If the public doesn't know and I look, how come nobody comes to any of these meetings? I used to come to them, I don't come to them, I haven't come to them in years. You are not an approachable board. You are really not. You sit there yawning, texting, making faces, rolling your eyes. You are not an approachable board and it is sad, you should be proud of this town and I am at the point now where I don't care if I live here anymore or not. COUNCILWOMAN DOHERTY: Jill, I disagree with you saying all that, I really do. MS. FRANKE: Well, watch yourself on tape sometime. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board on any issue? Benja Schwartz BENJA SCHWARTZ: Good afternoon. How are you doing? Benja Schwartz, Cutchogue. Are we missing somebody today? SUPERVISOR RUSSELL: Bob Ghosio is on vacation. MR. SCHWARTZ: Well, I am glad you are here, I am glad to be here. I know you always welcome me when I come. I, sorry I couldn't get here on time. I was tied up. Could somebody tell me something about what the resolution 678 tonight about the appraisal of Peconic Landing in Greenport? Apparently the, did the Town Board vote to spend up to what, $30,000 on the, are you going to buy Peconic Landing? SUPERVISOR RUSSELL: What we did is authorize the ability to spend the money if we need to. What we would do is try to determine a fair market value for the facility in an effort to defend the assessed value. It would be part of a certiorari process. MR. SCHWARTZ: Well, you know, I know you used to work in that department. Right? SUPERVISOR RUSSELL: Yes. August 12, 2014 Page 26 Southold Town Board Meeting MR. SCHWARTZ: So could you explain it in layman's terms because I really just want to know what's going on. SUPERVISOR RUSSELL: Sure. Generally if a private property owner wants to pursue a commercially owned, sorry, a commercially zoned piece of property, someone wanted to pursue a tax reduction they would file through the Grievance Board, if they are not successful through the Grievance Board, they can file a Supreme Court action, a certiorari it is referred to. Ultimately, it is going to go before a judge and a decision is going to be made as to what is the market value for the property. Does the assessed value indicate a market value that exceeds its real market value? The only way you can determine what the market value is, absent a sale, a recent sale of the subject property is to go to an appraiser and have it appraised. Usually the petitioner will get an appraisal and then the Town will get an appraisal and then you will at least have similar values, perhaps differing values as a basis of discussion as to what the actual value is and what it should be. MR. SCHWARTZ: Is Peconic Landing trying to reduce their taxes? Is that what's happening? SUPERVISOR RUSSELL: Yes. MR. SCHWARTZ: Okay, well that's what I wanted to know, why was, you know, they are trying to reduce their taxes. There are a lot of poor people there, so you know. I guess you don't want to say anything about Nolan, Kron Limited and the Heritage at Cutchogue, you had a discussion about that this morning? SUPERVISOR RUSSELL: Executive session discussion, yes. MR. SCHWARTZ: And is there anything, I am not, you know, you have this right to decide whether you want to speak publicly about it or not but maybe you could at least let us know if there is anything on the public record, if there has been any motions filed in the case or anything like that? I mean, I am glad that you are revisiting that issue every couple of months it seems like it is on the Executive session agenda. Is there anything that the public, that's in the public, would be able to know about what's happening there? TOWN ATTORNEY FINNEGAN: We scheduled a conference for September. MR. SCHWARTZ: The next date? Okay. Thank you. you know, I try to stay positive and I was lucky enough to work for Walt Disney world in Florida at Epcot Center and Top of the World restaurant and Disney World and also in the bottom of the world, the employees cafeteria was but one of the things I enjoyed was the fireworks displays every night, they were beautifully done. I don't think they had permits for them but you know, they planned them, they, we have been having some fireworks around town here that don't seem to be associated with any permitted firework shows. I see you had a resolution tonight to issue a fireworks permit for the East End Seaport. Did you all vote for that? SUPERVISOR RUSSELL: Yes, we did. August 12, 2014 Page 27 Southold Town Board Meeting MR. SCHWARTZ: And do you recall the last time the ban on fireworks, fireworks are illegal is you don't have a permit, right? SUPERVISOR RUSSELL: I believe so. I can't speak to the legal issues, I am not an attorney. MR. SCHWARTZ: Well, I mean, when was the last time you heard about anybody in Southold Town being charged with illegal fireworks? When was the last time you heard any illegal fireworks in Southold Town? SUPERVISOR RUSSELL: That I heard illegal fireworks? They don't disclose their legal standing to me when they explode. I don't have an answer for you. MR. SCHWARTZ: They are pretty easy to hear. I think last Friday was it or Saturday night they had..... SUPERVISOR RUSSELL: I can't speculate, Benja. MR. SCHWARTZ: We had fireworks, we had an hour long display of fireworks. Huge fireworks going up, you could see them for miles. SUPERVISOR RUSSELL: Where was that? Because I live not too far from you.... MR. SCHWARTZ: There were two main locations that I could determine and I don't have a pinpoint location for them but there was some that sounded like they were going on at the beer festival. JUSTICE EVANS: We may have issued permits to them. We have passed several resolutions this year issuing permits. SUPERVISOR RUSSELL: I know. MR. SCHWARTZ: Speaking of the beer festival, did the potato festival happen? I didn't see anybody there on Sunday, I think it was supposed to be a potato festival. The beer festival was Saturday. And that was sold out. Okay, thank you. The other location was somewhere, it seemed like it was over the causeway, maybe in.... COUNCILWOMAN DOHERTY: I saw some on the south side. MR. SCHWARTZ: This was not on the south side. This was like in Southold or East Cutchogue or something. It was a long thing of fireworks. I mean, I am getting used to them. Seems to be like a regular occurrence every day or every weekend in the summer but this weekend was what? August 91h, 10th, 1 Ph. To me that's not a holiday. I think was it 4th of July was rained out. So, anyway, if we are going to have a law and you know, with all the dry weather lately I believe it's a real hazard to the environment as well as to the people doing them and around them. Affordable housing, what's happening with affordable housing in town? I August 12, 2014 Page 28 Southold Town Board Meeting heard there were some good things happening over in Fishers Island, I am not sure what exactly, something about a law that was changing that was going to make it a little bit easier for someone over there to create a little affordable housing project? SUPERVISOR RUSSELL: I think the issue was the affordable housing legislation never really addressed apartments other than as being an accessory to a principle structure and I think there the goal of the lady was to create 4 apartments if I am not mistaken. JUSTICE EVANS: And I think it brought to the attention of the town that we needed to address that law, not just for Fishers Island but for the entire Town of Southold so that there could be rental affordable units that did not need to be owner occupied. SUPERVISOR RUSSELL: The issue with affordable housing right now is if you look at the list is many younger single people and the prospect of home ownership right now for some of them is just not likely given the amount of down payment, given the difficulty of getting mortgages. What we are trying to do is we are trying to create an inventory of apartments, affordable apartments so people have a place to live that's affordable, clean and safe. As they develop equity, as they increase their own earnings and then they can step into the market and buy houses. It is a stepping stone to home ownership. MR. SCHWARTZ: I heard that it was tiny houses that she was building. JUSTICE EVANS: That's what the Planning Board has labeled this. And we are lucky enough that we have someone on Fishers Island that wants to do this project. MR. SCHWARTZ: I can't hear you too well there. JUSTICE EVANS: I said, I think the Planning Board labeled the project tiny houses because they are standalone units and they are small. Because they are meant more for the single or the couple not for the families. MR. SCHWARTZ: What's the square footage on it? JUSTICE EVANS: The laws talked about square footage... COUNCILWOMAN DOHERTY: We set the public hearing, we didn't have it. We just set the public hearing. MR. SCHWARTZ: And the public hearing is for legislation to permit.... JUSTICE EVANS: Amending the legislation we have now. SUPERVISOR RUSSELL: To your credit, Benja, you were way ahead of this because you were urging a tiny house movement some time ago. August 12, 2014 Page 29 Southold Town Board Meeting MR. SCHWARTZ: Well, it's gaining momentum. Let me tell you... SUPERVISOR RUSSELL: You were out in front. MR. SCHWARTZ: There's a friend of mine on the south fork that's building one right now. He is spending about $22,000 in materials and you wouldn't believe this house he is building with... SUPERVISOR RUSSELL: Makes a compelling argument. MR. SCHWARTZ: With solar panels and the whole nine yards. The whole thing is built on a trailer, so he doesn't need any land or any permits but and here in Cutchogue we have, speak of in this part of the world, we have something going on that's kind of related, they are evicting people from some tiny houses that allow people referred to as the migrant camp over on Cox Lane and I know there has been a lot of problems there for years with the substandard nature of the accommodations but I am just, would like to discuss with you and suggest to you that maybe the town, rather than seeking penalties against the landlord could seek to assist the landlord to find a way to improve the accommodations and kind of preserve a little history in maintaining a little high density residential area there. It needs to be rezoned or some... SUPERVISOR RUSSELL: First, I think it is bad policy to start rezoning property to match the use that's in place. If the use isn't permitted in the zone, the code needs to mean something. We need to say it is not a permitted use. If these uses start to get established and we hurry about to rezone it to match the use, I think that's bad policy. MR. SCHWARTZ: That would be bad policy if the use was created by the current owner but this is a historic use. It's been there for years and it is not a policy, there is law that pre-existing property and there is also a policy, a legal policy that is respected by municipalities all across the United States and probably around the world, to respect pre-existing uses even if legally there is a right to abolish them they are often allowed to continue even if they don't match the current thinking of what.... SUPERVISOR RUSSELL: Jim wants to comment. COUNCILMAN DINIZIO: You know, Benja, I agree with you there that there are established non-conformities in town but even established non-conformities have to comply with today's health standards and safety standards... MR. SCHWARTZ: I am not debating that. COUNCILMAN DINIZIO: And those kind of things and in reference to what is going on up there, the town is trying to work with the people as it is, Martin, tell me if I am going over the line. And there comes a certain point in time where you have to take a drastic step and things have to be done right. My understanding is at one point in time, they had no heat in those things. And how can we expect people in the town to live in a place that has no heat? We have a standard for that, the health department has a standard for that, it wasn't followed. So those are August 12, 2014 Page 30 Southold Town Board Meeting all the things that come into play when you are talking about wanting to continue a labor camp. Honestly, I think that's not a good idea, I think that those living conditions in that particular area probably not the best and probably never can be the best. Or even optimum. In my opinion. MR. SCHWARTZ: I agree with you that the conditions would need to be brought up to something that would be acceptable. Whether or not it would be compliant with current legislation is another issue, is a separate issue. So there's two different issues there. One you want the people who live there to have a healthy safe place to live and to flourish. Two, how does the laws and how would the, you know, the housing fit in there? it is an industrial area and there's some probably a lot of problems with the water up there due to the proximity to the old landfill etc. but still I think the idea of tiny houses, you know, you, in the paper it was reported that the Town Board was attempting at least to negotiate with the landlord, maybe that could be something that would be put on the table as an alternative to.... COUNCILMAN DINIZIO: I think that negotiation, that's the wrong word, Benja. It's the wrong word. MR. SCHWARTZ: Okay, well that's the impression I got from the reporting in the paper. COUNCILMAN DINIZIO: We are trying to get him to comply to the rules as they stand today. not necessarily negotiating with the guy that we are going to negotiate say a safety standard down to anything other than the minimum. MR. SCHWARTZ: Well, legally they call it a plea bargain or something to that effect. I am not trying to you know, whatever you want to call it but in the paper it was reported that if he would vacate the property then you would seek lower fines and to me that's a negotiation. SUPERVISOR RUSSELL: It is difficult to discuss an ongoing legal proceeding, I just, I don't want to be rude but you have been speaking for about 13 minutes, I just ask you to please be succinct so we can cover all the issues you want. MR. SCHWARTZ: Alright. Well, you have been very succinct yourselves. The other couple of things, the Capitol One building in Mattituck, that's been in the news and there's been some suggestions and requests for suggestions what to do with that property and I wonder if affordable housing or senior housing or housing for menial employees and you know, we need people in the town that can work for other people and they need places to live in Mattituck and that location strikes me as a place that maybe that could be, the building that was most recently the Capital One bank, the history of it seems to be a little clouded at least in my mind. I think I remember when that used to be a supermarket but I don't exactly remember what company was running it. anyway, I don't know if any thought to be to reuse that building for some type of housing related or continuing care community such as Peconic Landing could be created there if we could find people interested in investing in it. SUPERVISOR RUSSELL: When it was still in the hands of the real estate broker in New York representing Capital One, we had actually asked Suffolk County to put it on one of their sites, August 12, 2014 Page 31 Southold Town Board Meeting there was a site selection committee that was going to try to locate a pediatric critical care facility. We asked that that building be considered. Ultimately, the building has been sold, it's in private hands now, ideas are great but we can't speak to what the use will be. We would have to try to work with the new owners as soon as we figure out who it is as best we can. MR. SCHWARTZ: Okay. You are not going to like this one, Scott, I try to stay positive and I am here because I am a positive person and I positively believe that I still need help to break the habit of grabbing those plastic bag at the checkout that you use them once and throw them away or they sometimes break. Anyway, we don't need those plastic bags. That particular type of plastic has been outlawed in many places and it has been found not to be a problem not having them. Having them is a problem for many reasons for which you all are very familiar with, you held a forum here and we had many people more you know, more familiar with the issues and the details of all the different reasons why we should ban them. There was one person who seems to be leading the charge to preserve the right to give away plastic bags. We all know who that person is, right? Charles.... SUPERVISOR RUSSELL: Charles Reichert is one of the many business owners that have expressed concern about the cost consequences about going from plastic to paper. Paper being 8 times as costly as plastic. We actually are looking at products now, like products similar to plastics but biodegradable to see if we can work with business so that if we were going to pursue some type of ban down the road there would be a replacement that wouldn't cost them 8 times as much such as paper does. But it is not one individual. We have many, many people. You would be surprised how many people email me looking... MR. SCHWARTZ: Inaudible. SUPERVISOR RUSSELL: You just interrupted me. I am trying to answer as best I can. Go ahead, Benja. MR. SCHWARTZ: He is the public face. He is the leading proponent.... SUPERVISOR RUSSELL: We asked him... MR. SCHWARTZ: The leading opponent of the ban. SUPERVISOR RUSSELL: We asked him to come to the meeting. He didn't volunteer, he didn't just show up on his own. We asked him to participate in the dialogue so we would present a balanced view. MR. SCHWARTZ: You did this year? SUPERVISOR RUSSELL: Yes, the forum we just recently had. We tried to get people to represent both sides of the issue to provide some sort of balance to the suggestion. August 12, 2014 Page 32 Southold Town Board Meeting MR. SCHWARTZ: When the ban was first suggested a couple of years ago, he was the one that spoke out and I believe it was reported in the local press that he estimated it would cost him $120,000 a year in extra costs if that ban went into place. I question that number. I do not believe that his two IGA's would spend an additional $60,000 a year each to purchase paper bags. I think that, you know, you could discourage the use of bags. Right now when you go to the supermarkets here, you know, they are throwing the bags at you. they are putting two and three things in each bag and giving you five or six bags to take home. I myself used to not only use the bags but I bring them home and I stash them away thinking I would use them in the future. And I would get bags and bags and more bags and thank god I had someone who helped me to break the habit. And still, I get caught when I am in the store and they shove them at me sometimes and I am not thinking, I still take them home. SUPERVISOR RUSSELL: Let me just quickly, since you mentioned Mr. Reichert, actually while we are deliberating on the issue of a ban, Mr. Reichert is undertaking a promotional effort to, he understands there is a need to do something. He is offering free re-useable bags for I think every $20 you buy in groceries, $40 you get an insulated bags and we are hoping to see stores do similar efforts to try to get, to break the habit of single use bags but to get into the habit of using re-useable bags. So certainly they are all listening. That's part of the discussion to have both sides hear each other out. That's why we tried to present a balanced view. Jessica Lee JESSICA LEE: My name is Jessica Lee from Cutchogue and I just wanted to add, I feel like Benja, very passionately about the plastic bag issue. The city of Los Angeles which is a very large and complex city banned plastic bags and there was a tremendous amount of opposition from the plastics lobby which is very powerful somewhat along the lines of the telecommunications lobby and the oil lobby. And they were outlawed from grocery stores and it really didn't present a problem at all for the stores, the stores actually turned it into an opportunity and they got to charge and make money on bags by selling bags. So people very quickly learned how to bring bags to, re-useable bags to the store and when they didn't, then the stores were able to charge 5 or 10 cents for the bag. And it has worked wonderfully, it has been a great program. And there is a whole lot less pollution going into the rivers and the oceans and the streams and the communities and the trees and everything else. So I just put that out there as something to think about, that stores can charge or people can learn like most Europeans do, to just bring a bag with you when you go shopping. It is a pretty simple solution. I would just like to put that out there. SUPERVISOR RUSSELL: Thank you. Bernie Kettenbeil BERNIE KETTENBEIL: I am Bernie Kettenbeil from Southold. If you ever go to Riverhead to Aldi's, they move everything from one cart to the other. You pack it in either your bag or you can buy bags from them and as a result the prices are quite reasonable. It is a German company, they are from Illinois and they figured this out and the plastic bags are such a horrible thing for our society, perhaps that's what we need to do. Mr. Schwartz August 12, 2014 Page 33 Southold Town Board Meeting MR. SCHWARTZ: Well, in addition to the problems with the plastic bags, there's this psychological impact of the free plastic bags. You know, we are not getting rid of all plastic bags but this is the low hanging truth and it is not only what the impact of the specific item but it would help us to start thinking about everything that we do in a more healthier, environmental fashion. I see that Mr. Reichert is donating an emergency generator to Peconic Lane community center. SUPERVISOR RUSSELL: Yes. MR. SCHWARTZ: I wanted to thank him, congratulate you for the gift. How much is he donating? How much is the.... SUPERVISOR RUSSELL: We don't have the actual cost on the generator but I believe you could expect it around $50,000. MR. SCHWARTZ: Okay, well... SUPERVISOR RUSSELL: We are still pricing it out with vendors. COUNCILMAN DINIZIO: I can tell you this, Benja, that's not the only gift that gentleman has given to this community and I can tell you, the American Legion down in Greenport that's doing the skating rink received a very, very generous gift from him and he was told to expect another one for him. He does a lot in this community. MR. SCHWARTZ: Well, I think it's great and you know, I hope we don't but we probably will need shelters next time we have a big storm. I was kind of disappointed last time, I was out of power for a few days and seemed like the shelters closed right after the bad weather was done even though a lot of people lost power and didn't have power back yet and it would have been nice maybe not to stay there at the shelter but just to be able to go there and take a shower. SUPERVISOR RUSSELL: I appreciate that, Benja. I don't want to be rude again, but you have been up for 23 minutes, can you just get to the issues quickly so we can answer any questions you have? MR. SCHWARTZ: I am trying to finish up. I am just saying (inaudible)... SUPERVISOR RUSSELL: Trying to keep it succinct, keep it moving. MR. SCHWARTZ: The shelter under construction or under development on Peconic Lane, could accommodate that need. And I thank you for your gracious hospitality. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on any issue? Please. Ms. Kettenbeil August 12, 2014 Page 34 Southold Town Board Meeting MS. KETTENBEIL: I am Bernie Kettenbeil from Southold. About 14 months ago, I was here, he is shaking his head. SUPERVISOR RUSSELL: Yes, I know. MS. KETTENBEIL: I have an impact on everybody. SUPERVISOR RUSSELL: No, it's a good one. MS. KETTENBEIL: Well, it's a point that sticks in my craw. Nothing worse than a retired person with a brain. What I want to discuss briefly is a quality of life issue just as we spent a lot of time about deer and Lyme disease and the helicopter noise last night. There is a Lyme disease epidemic and helicopter noise is something that has been debated, discussed ad nauseum. But this other one, there's the rock problem as I call it. And just to be review for people that weren't here then, there is a new fad in town, it's called protecting your property line by putting up rocks. And if you want to go see one that it outrageous, the ultimate rock is on the corner of Oaklawn Avenue and Pine Neck Road in Southold. To the point where children walking to school sit on it because it is cute you know, you get your feet off the ground. My concern of course is, we followed up, we had discussed Mr. Russell, having a new code enforcement officer who I guess by now has been broken in and it is something that bugs me because it is potentially dangerous, hazardous, possibly deadly. I know people who have had to swerve to avoid hitting a deer, an oncoming car, winter is coming even though it is hard to believe. Skidding, sliding, hitting one of those rocks destroying your vehicle. Thank god it doesn't appear that anyone has had major damage to themselves or death. This is out there to prevent the town from certain reliability, I am not a lawyer but it just seems to me that with the knowledge that this problem exists that we have to do something about it. It may be that the people don't know it is against the law. They don't know about the boundary of the town road extending somewhat depending on where it is into this grassy area in front of them. I know that it was a problem on Brigantine and the gentleman who told me to come here so that we could both talk about it isn't here because he got his fixed. I don't have that problem on my block. There is a person on Jacob's Lane in Southold who not only has rocks, the rocks have been multiplying. School busses are going to be out there, I don't think anyone wants to see anyone get hurt due to our lack of attention to this matter. Not top priority but somewhere up there. Could you tell me about this code enforcement officer? Has he actually.... SUPERVISOR RUSSELL: I think the problem with the issue is, I don't know that we have strong code to address it. That was a discussion the Board was having at the time when you raised it. To be perfectly candid, I am not sure the code even speaks to the issue of rocks. What we have been trying to do on a case by case basis, is utilizing the highway superintendent and it is working, when people bring these obstructions to our attention, he goes out or his foreman goes out and gets the cooperation of the homeowner or the property owner to move the obstruction back or to remove it. And we have had some success. If that is a specific issue, I will certainly bring it to him tomorrow so he can go and knock on the door and say, look, we really need you to move this back. I would be happy to. August 12, 2014 Page 35 Southold Town Board Meeting MS. KETTENBEIL: Yes. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? Mr. Schwartz MR. SCHWARTZ: I will be very brief, but you know, what we are talking about here is rocks on town property. The town owns the road and they own land on each side of the road. And the homeowners have no right to obstruct that area. But the town is not enforcing this except in certain cases. I know last year there was a rock removed down in Mattituck, turns out it was on the private property. It was accidental. So it is important to see where the property lines are but there are property lines all over town. I don't think it's a matter of adding another law to town law. Correct me if I am wrong but the code seems very obvious that nobody can put anything that's, I mean, there are right of ways, the public has a right of way of passage over that side of the road and the homeowner's who are adjacent to it also have a right of way and they often have driveways or mailboxes there but to put rocks there, down in my neighborhood there is a house that was recently renovated and you can see the property line had a split rail fence along it and that split rail fence is still there in the neighboring property but on the property that was renovated they took down the split rail fence and put rocks right on the edge of the road, about 6 to 8 feet from their property line. Along the side of the road. And if you are telling me that if I call the highway department or the police or the code enforcement, we have to know who to call if there's someone that we can call when we have a problem with things that are in the right of way that don't belong there that should be moved. SUPERVISOR RUSSELL: You are welcome to call my office. You know, you are welcome to call my office and I will make sure it goes to the right party but Vinnie Orlando, like Pete Harris before him, has been very good about going out and getting the cooperation of people to relocate things. There are some instances where it doesn't.... MR. SCHWARTZ: Highway superintendent. SUPERVISOR RUSSELL: There are some instances where it doesn't go as smoothly and we have had enforcement actions in the past but by and large we get good cooperation. MR. SCHWARTZ: Well, I don't know. I think there should be a policy as to who should be called and in my experience when I have called the, I think I called the police first, yes, I called the police first, I was referred to the highway department, I called the highway department I was referred to the code enforcement officer. The code enforcement officer referred me back to the police and we went round and round and round. Now, I think I left your office out of it, Supervisor Russell but I think your office... SUPERVISOR RUSSELL: Thank you. MR. SCHWARTZ: And your office should be left out of it. I don't see why this should be, if there was somebody in town that would take responsibility for this. Supervisor Russell August 12, 2014 Page 36 Southold Town Board Meeting SUPERVISOR RUSSELL: Well, I am telling you right now, I will take responsibility, okay. So just contact me in the future, please. I mean, you are welcome to Benja, anytime. Thank you. 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 5:25 P.M. Elizeeth . Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Evans, Russell ABSENT: Robert Ghosio