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HomeMy WebLinkAboutTB-09/23/2014 ELIZABETH A.NEVILLE8UFFp(� oTown Hall, 53095 Main Road TOWN CLERK j��0 PO Box 1179 59 Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER y'yo! dao' Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER southoIdtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING September 23, 2014 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, September 23, 2014 at the Meeting Hall, Southold,NY. Call to Order 7:30 PM Meeting called to order on September 23, 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 Absent Scott A. Russell Town of Southold Supervisor Present Elizabeth A. Neville Town of Southold Town Clerk Present Martin D. Finnegan Town of Southold Town Attorney Present I. Reports 1. Island Group - Claim Lag Report 2. Recreation Department Monthly Report 3. Town Clerk Monthly Report 4. Programs for the Aging Monthly Report 5. Budget Report 6. Planning Board Monthly Report September 23, 2014 Page2 Southold Town Board Meeting II. Public Notices III. Communications IV. Discussion 1. 9:00 Am -Angie Ruckdeschel and Sarah Lansdale 2. 9:15 Am -Jeff Standish 3. 9:30 Am - Michael Collins and Jamie Richter 4. Budget Appropriation for Road End Repairs 5. Water Map Amendment Request: Ackerly Pond (S.C.T.M. #70.-5-5) 6. Update: Main Road Historic Corridor Meeting 7. Organizational Helicopter Meeting—Sept. 30Th 8. LL/Encumbrances to Public Roads (To be Referred to Code Committee) 9. Justice Court Interm 10. Acoe Hashamomuck Study Scope 11. Special Trailer Permit Application 12. Update on Housing Response 13. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 10:37AM for the purpose of discussing the following matters: Proposed Property Acquisition(S), Publicity of Which Would Substantially Affect the Value Thereof 10:30 Am - Melissa Spiro, Land Preservation Labor- Matters Involving Employment of Particular Person(s) 11:00 am - Rich Zuckerman - Update on Collective Bargaining Negotiations September 23, 2014 Page3 Southold Town Board Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Evans, Russell ABSENT: Robert Ghosio 14. EXECUTIVE SESSION - Proposed Property Acquisition(S), Publicity of Which Would Substantially Affect the Value Thereof 15. EXECUTIVE SESSION -Labor-Matters Involving Employment of Particular Person(S) 16. Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 1:06 PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Evans, Russell ABSENT: Robert Ghosio 17. 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 1:06 PM until the Regular 7:30PM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman 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 7:30PM Regular Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Scott A. Russell, Supervisor SECONDER:William P. Ruland, Councilman AYES: James Dinizio Jr, William P. Ruland, Jill Doherty, Scott A. Russell ABSENT: Robert Ghosio, Louisa P. Evans Moment of Silence Howard Meinke Opening Comments Supervisor Russell September 23, 2014 Page4 Southold Town Board Meeting SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance. Thank you. Before we get to the regular business of the agenda, I am going to ask if we can have a moment of silence for Howard Meinke, who passed away unfortunately a few days ago. Howard actually served on the Southold Town Hamlet Stakeholders, he was a member of the Architectural Review Commission, he was also one of the creators of the North Fork Clean Water Coalition. And certainly we all know how much of a contribution he made to this community and he will be missed. Can we please rise for a moment? Thank you. I would invite anybody that wants to comment on the agenda to please feel free? Jill Franke JILL FRANKE: Jill Franke, Southold. I see resolution 2014-782, you are appointing someone to the position of a clerk-typist, full-time? SUPERVISOR RUSSELL: Yes. MS. FRANKE: Where are you posting these jobs or are you canvassing because once again, I am on the list, same number, same score. I was not canvassed. SUPERVISOR RUSSELL: We didn't canvass. We posted it on the website and on the bulletin board about six days ago. MS. FRANKE: When you post stuff on the bulletin board... SUPERVISOR RUSSELL: And on the website. MS. FRANKE: I know, I am just telling you, civil service exam or coming up exams and jobs, I noticed that people do take them down because they don't want competition in civil service tests. So, you should probably put it in the newspaper as well. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Would anybody like to address the Town Board on any of the agenda items? (No response) V. Resolutions 2014-757 CATEGORY.• Audit DEPARTMENT.• Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated Se tember 23 2014. ✓Vote Record-Resolution RES-2014-757 O Adopted Yes/Aye No/Nay Abstain Absent 0 Adopted as Amended Robert Ghosio Mover 2 0 0 0 September 23, 2014 Page5 Southold Town Board Meeting ❑ Defeated James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P.Roland Voter ❑ ❑ 0 ❑ ❑ Withdrawn Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Voter ❑ ❑ ❑ 0 ❑ Tax Receiver's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost ............ 2014-758 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, October 7, 2014 at the Southold Town Hall, Southold,New York at 4:30 P.M.. ✓Vote Record-Resolution RES-2014-758 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.Roland 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 2014-759 CATEGORY. Employment -FIFD DEPARTMENT: Accounting Approves Voluntary Resignations RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted September 8, 2014 that approves the September 23, 2014 Page6 Southold Town Board Meeting voluntary resignations of Krystal Murray, Derek Marks, John McElligott, Shawn Weston, Gilbert McCray, and Michael Eddy. ✓Vote Record-Resolution RES-2014-759 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Seconder Rl ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Mover 0 ❑ ❑ 0 ❑ Tax Receiver's Appt William P.Roland Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter D ❑ ❑ 0 ❑ Town Clerk's Appt Louisa P.Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ 0 ❑ No Action - ❑ Lost 2014-760 CATEGORY.- Employment-FIFD DEPARTMENT: Accounting Appoints Michael Rogers Part Time Clerk RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted September 8, 2014 that appoints Michael Rogers to the position of Part Time Clerk. ✓Vote Record-Resolution RES-2014-760 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Voter D ❑ ❑ 13 ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ 0 ❑ Tax Receiver's Appt William P.Ruland Seconder D ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover D ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A.Russell Mover El ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-761 CATEGORY. Employment - FIFD September 23, 2014 Pagel Southold Town Board Meeting DEPARTMENT. Accounting Increase Salary of Robert F. Lavin Jr. RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted September 8, 2014 that increases the salary of Robert F. Lavin Jr. effective August 7, 2014. ✓Vote Record-Resolution RES-2014-761 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Voter El ❑ ❑ 0 ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ 0 ❑ Tax Receiver's Appt William P.Ruland Mover 0 0 ❑ ❑ Rescinded Jill Doherty Seconder 0 ❑ ❑ 0 ❑ Town Clerk's Appt Louisa P.Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ 0 0 ❑ No Action ❑ Lost 2014-762 CATEGORY.• Employment-FIFD DEPARTMENT: Accounting Establish Standard Workdays RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted September 8, 2014 that establishes the standard work days to be reported to the New York State and Local Employees' Retirement System for the Fishers Island Ferry District. ✓Vote Record-Resolution RES-2014-762 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Mover 0 0 ❑ 0 ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Seconder 0 ❑ ❑ ❑ ❑ Rescinded .till Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost September 23, 2014 Page8 Southold Town Board Meeting 2014-763 CATEGORY: Budget Modification DEPARTMENT: Fishers Island Ferry District 2014 Budget Modification-FIFD Financial Impact: Cover over expended lines 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 September 8, 2014, which amended the 2014 Fishers Island Ferry District budget. ✓Vote Record-Resolution RES-2014-763 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio ❑ Withdrawn Voter D ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Mover El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Seconder D ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-764 CATEGORY: Employment-Town DEPARTMENT.• Accounting NYS Employees Retirement System for Calculation of Retirement Benefits RESOLVED that the Town Board of the Town of Southold/Location Code 30020 hereby establishes the following as standard workdays for elected and appointed officials and will report the following days worked to the New York State and the Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Title Name Standard Term Participates Days/ Tier l Not Work Begins/Ends in Employer's Months (Check Submitted Day Time (based on only if (Check box if (Hrs/day) Keeping Records member no record of System(Y/N) of is in Tier activities September 23, 2014 Page9 Southold Town Board Meeting Activities) 1) completed or timekeeping system) Town Comptroller John A.Cushman 1/1/14-12/31/14 Y ❑ ❑ 7.00 Deputy Town Comptroller Connie D.Solomon 1/1/14-12/31/14 Y ❑ ❑ 7.00 Town Attorney Martin D.Finnegan 1/1/14-12/31/14 Y ❑ ❑ 7.00 Assistant Town Attorney Stephen F.Kiely 5/30/14-12/31/14 Y ❑ ❑ 7.00 Assistant Town Attorney Lori M.Hulse 1/1/14-12/31/14 Y ❑ ❑ 7.00 Deputy Superintendent of Highways Curtis F.Davids 1/1/14-12/31/14 Y ❑ ❑ 8.00 Secretary to the Supervisor Lauren Standish 1/1/14-12/31/14 Y ❑ ❑ 7.00 Secretary to the Town Attorney Lynne M.Krauza 1/1/14-12/31/14 Y ❑ ❑ 7.00 BE IT FURTHER RESOLVED, that said standard is being established to meet the accounting requirements of the New York State Employees Retirement System for calculation of retirement benefits, and BE IT FURTHER RESOLVED, that the Town Clerk be and she hereby is authorized to send a certified copy of this resolution to the New York State Employees Retirement System. ✓Vote Record-Resolution RES-2014-764 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 Seconder 2 ❑ ❑ ❑ ❑ 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 2014-765 CATEGORY. Bid Acceptance DEPARTMENT: Police Dept Surplus Vehicles Police Department-No Bid September 23, 2014 Page 10 Southold Town Board Meeting WHEREAS the Town Clerk advertised for bid the following Police Department vehicles: 3384 2006 Ford Crown Victoria 2917 2003 Ford Crown Victoria And WHEREAS no bids were received on these items, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby declares these vehicles as surplus and un-usable and authorizes and directs Chief of Police Martin Flatley to properly dispose of such vehicles. ✓Vote Record-Resolution RES-2014-765 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Seconder El ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter D 11 ❑ ❑ Tax Receiver's Appt William P.Ruland Mover 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter ❑ ❑ ❑ D ❑ Supt Hgwys Appt Scott A.Russell Voter IZI ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-766 CA.TEGOR.Y.• Bid Acceptance DEPARTMENT: Town Clerk Town Clerk Equipment WHEREAS the Town Clerk advertised for bid the following Town Clerk items: 1 PC430 Canon Copier 1 Copier toner cartridge - unused 1 CFX L4000 Canon Fax Machine 3 Fax toner cartridges - unused And WHEREAS no bids were received on these items, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby declares these items as surplus and un-usable and authorizes and directs the Town Clerk's office to properly dispose of such equipment. ✓Vote Record-Resolution RES-2014-766 El Adopted Yes/Aye No/Nay Abstain Absent September 23, 2014 Page 11 Southold Town Board Meeting ❑ Adopted as Amended Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Defeated James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P.Ruland Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Voter ❑ ❑ ❑ p ❑ Tax Receiver's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-767 CATEGORY. Authorize to Bid DEPARTMENT.• Engineering Advertise for Grove Road Stormwater Improvements RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the construction of stormwater improvements on Grove Road in Southold, all in accordance with specifications prepared by James A. Richter, R.A.. ✓Vote Record-Resolution RES-2014-767 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Voter D ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Roland 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 2014-768 CATEGORY.• Budget Modification DEPARTHENT: Accounting Budget Modfication for Smart Board Financial Impact: September 23, 2014 Page 12 Southold Town Board Meeting Provide appropriation for Smart Board, 50%funding from NYS Dept. of State Grant. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 General Fund Whole Town budget as follows: Increase Revenues: A.3089.80 State Aid, Dept. of State Grant $3,018 Decrease Appropriations: A.9010.8.000.000 NYS Retirement, ERS 3,018 Totals $6,036 Increase Appropriations: A.1680.2.400.200 Information Technologies, Smart Board $6,036 Totals $6,036 ✓Vote Record-Resolution RES-2014-768 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter p p ❑ 11 ❑ Supervisor's Appt James Dinizio Jr Voter p ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Seconder p ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A.Russell Voter p ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-769 CATEGORY.• Property Usage DEPARTMENT. Recreation Approve Southold UFSD Use of Goose Creek Beach RESOLVED that the Town Board of the Town of Southold hereby grants permission to Southold UFSD to use Goose Creek Beach on Wednesday, October 1, 2014 from approximately 9:00 a.m. - 1.00 P.M. for a regional ecological survey (A Day in the life of the Peconic Estuary) for students in grades K-5. The applicant must file with the Town Clerk's Office a Two Million Dollar Certificate of Insurance naming the Town of Southold as additional insured, subject to the approval of the Town Attorney. September 23, 2014 Pagel3 Southold Town Board Meeting ✓Vote Record-Resolution RES-2014-769 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter 0 ❑ Supervisor's Appt ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Mover 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 2014-770 CATEGORY.• Budget Modification DEPARTMENT. Highway Department 2014 Budget Modification-Highway Financial Impact: Reimbursement to Highway Department resurfacing line RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 Highway Fund Part Town budget line items as follows: From: DB.9901.9.000.100 Transfers to Other Funds Transfers Undesignated Transfer to Capital Fund $ 50,000.00 TOTAL: $ 50,000.00 To: DB.5110.4.100.900 General Repairs Contractual Expense Supplies & Materials Resurfacing Projects $ 50,000.00 TOTAL: $ 50,000.00 ✓Vote Record-Resolution RES-2014-770 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio ' Mover 0 ❑ ❑ ❑ ❑ Defeated ❑ Tabled .lames Dinizio Jr Voter El ❑ ❑ ❑ ❑ Withdrawn William P.Roland Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter Rl ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Voter ❑ ❑ ❑ 0 0 Rescinded Scott A.Russell Voter 10 ❑ ❑ 0 September 23, 2014 Pagel4 Southold Town Board Meeting ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-771 CATEGORY.• Budget Modification DEPARTMENT. Solid Waste Management District SWMD Budget Mods Financial Impact: Reallocate funds for required services/materials: grinder wear parts expected through end of year; rubber edge for Volvo loader;final cardboard trucking(remaining trucking funds now shifted to "single stream"trucking);final garbage bag order of 2014. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 Solid Waste Management District budget as follows: From: SR 8160.4.100.608 Compost Urea $ 1,000.00 SR 8160.4.400.805 MSW Removal $ 9,215.00 SR 8160.4.400.820 Co-mingled trucking $ 8,000.00 SR 8160.4.400.625 Tire Repair $ 475.00 SR 8160.4.400.825 Newspaper Trucking $ 700.00 TOTAL: $19,390.00 To: SR 8160.4.100.525 Payloader/Truck Tires $ 475.00 SR 8160.4.100.552 Maint/Supply Volvo Loader $ 1,090.00 SR 8160.4.100.596 Maint/Supply CBI Grinder $ 4,100.00 SR 8160.4.100.650 Town Garbage Bags $ 4,700.00 SR 8160.4.400.835 Cardboard Trucking $ 2,725.00 SR 8160.4.400.836 Single Stream Trucking $ 6,300.00 TOTAL: $19,390.00 ✓Vote Record-Resolution RES-2014-771 * Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter El ❑ ❑ ❑ ❑ Defeated James Dinizio Jr Mover El ❑ ❑ ❑ 0 Tabled William P.Ruland Voter z 0 0 ❑ September 23, 2014 Pagel5 Southold Town Board Meeting ❑ Withdrawn Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Voter ❑ ❑ ❑ 0 ❑ Tax Receiver's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-772 CATEGORY.• Attend Seminar DEPARTMENT. Building Department In-Service Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to Building Inspector Gary Fish, Fire Marshall Robert Fisher, Building Permits Examiner Damon Rallis, Electrical Inspector Roger Richert and Chief Building Inspector Michael Verity to attend a seminar on portable fire extinguishers, asbestos awareness and object observation in Quogue, on October 14, 2014. All expenses for registration and travel to be a legal charge to the 2014 Building Department budget(meetings and seminars). ✓Vote Record Resolution RES-2014-772 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter 0 ❑ ❑ 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 2014-773 CATEGORY.• Budget Modification DEPART.'VIENT. Town Clerk 2014 Budget Modification-Highway Financial Impact: September 23, 2014 Page 16 Southold Town Board Meeting To cover over expended lines RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 Highway Fund Part Town budget line items as follows: From: DB.5130.4.400.900 Machinery Contractual Expense Contracted Services Vehicle GPS $ 17,133.00 TOTAL: $ 17,133.00 To: DB.5110.4.100.350 General Repairs Contractual Expense Supplies & Materials Traffic Paint 5,363.00 DB.5110.4.100.950 General Repairs Contractual Expense Supplies & Materials Warning Devices 387.00 DB.5110.4.400.500 General Repairs Contractual Expense Contracted Services Drainage Easements 145.00 DB.5130.4.100.500 Machinery Contractual Expense Supplies & Materials Parts & Supplies 10,000.00 DB.5140.4.400.100 Brush & Weeds/Miscellaneous Contractual Expense Contracted Services Cleanup Week Debris Disposal 768.00 DB.5140.4.600.300 Brush & Weeds/Miscellaneous Contractual Expense Miscellaneous Travel 350.00 DB.5140.4.600.600 Brush & Weeds/Miscellaneous Contractual Expense Miscellaneous Dues & Subscriptions 120.00 TOTAL: $17,133.00 ✓Vote Record-Resolution RES-2014-773 El Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Defeated James Dinizio.Ir Voter 0 ❑ ❑ ❑ ❑ Tabled William P.Ruland Mover 0 0 0 0 September 23, 2014 Pagel? Southold Town Board Meeting ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Voter ❑ ❑ ❑ 0 ❑ Tax Receiver's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-774 CATEGORY.• Property Usage DEPARTMENT. Town Clerk Special Trailer Permit- Old North Road Barns, LLC RESOLVED that the Town Board of the Town of Southold hereby grants approval of the special trailer permit application of Old North Road Barns, LLC, 5195 Old North Road, Southold,New York 11971 for a period of six (6)months from date of issuance, to locate a trailer on the property at 5195 Old North Road, Southold,New York 11971 SCTM# 1000- 51-3-5 to be used as temporary watchman/farm labor housing during the site plan review process by the Planning Board and Pre-C.O. application review of the Building Department. Any further extensions of this permit are subject to review by the Southold Town Board. ✓Vote Record-Resolution RES-2014-774 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Mover D ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter EI ❑ p ❑ ❑ Tax Receiver's Appt William P.Ruland Voter 0 ❑ p ❑ Rescinded Jill Doherty Seconder EI ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa R Evans Voter ❑ ❑ ❑ D ❑ Supt Hgwys Appt Scott A.Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-775 CATEGORY.• Budget Modification DEPARTMENT: Accounting Create Capital Budget for Laserfiche Rio September 23, 2014 Pagel8 Southold Town Board Meeting Financial Impact: Appropriate State Grant for Laserfiche Rio WHEREAS the Town of Southold has been awarded a$99,970 grant from the New York State Department of Education for Local Government Records Management that requires no match from the Town, and WHEREAS the Town's Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Project in the 2014 Capital Budget: Capital Project Name: Laserfiche RIO Project Financing Method: State Aide Budget: Revenues: H.3089.10 NYS Record Archives Grant $ 99,970 Appropriations: H.1680.2.500.350 Central Data Processing Equipment & Capital Outlay Laserfiche Rio Project $99,970 ✓Vote Record-Resolution RES-2014-775 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Voter El ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Mover El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Roland Seconder 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter El p p ❑ Town Clerk's Appt Louisa P.Evans Voter ❑ ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ O ❑ No Action ❑ Lost Comment regarding resolution 775 SUPERVISOR RUSSELL: I want to go back to resolution 775, I forgot to mention that that grant award, the $99,970, every dollar of that was secured by Betty through her grant application. Thank you, Betty. September 23, 2014 Page 19 Southold Town Board Meeting TOWN CLERK NEVILLE: My pleasure. Thank you, Scott. 2014-776 CATEGORY: Budget Modification DEPARTMENT. Accounting Create Capital Budget for Dean Municipal Parking Lot Financial Impact: Create Capital Budget for Dean Municipal Parking Lot WHEREAS the Town Board of the Town of Southold adopted a 2014 Capital Budget which includes a$30,000 appropriation for resurfacing the Dean Municipal Parking Lot in Mattituck, and WHEREAS the Town's Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Project in the 2014 Capital Fund: Capital Project Name: Dean Municipal Parking Lot Financing Method: Transfer from the General Fund Whole Town Budget: Revenues: H.5031.42 Interfund Transfers $30,000 Total $30,000 Appropriations: H.5650.2.100.200 Off Street parking Capital Outlay Dean Municipal Parking Lot $30,000 Total $30,000 ✓Vote Record-Resolution RES-2014-776 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 0 Lost September 23, 2014 Page20 Southold Town Board Meeting 2014-777 CATEGORY: Public Service DEPARTMENT: Town Attorney Property Cleanup 640 N. Bayview Road Ext., Southold RESOLVED that the Town Board of the Town of Southold, pursuant to Section 100-4(A) of the Southold Town Code, hereby directs that the costs and expenses incurred by the Department of Public Works in effectuating the cleanup of the property located at 640 N. Bayview Road Ext., Southold, in the amount of$208.55 shall be levied against the real property of Carolyn Serbes, SCTM#1000-78-9-42, in accordance with Section 100-10 of the Southold Town Code, and that said costs and expenses are to be collected at the same time and in the same manner as the Town taxes. ✓Vote Record-Resolution RES-2014-777 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 Mover 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 2014-778 CATEGORY: Public Service DEPARTMENT: Town Attorney Property Cleanup/675 Wabasso Street, Southold RESOLVED that the Town Board of the Town of Southold, pursuant to Section 100-4(A) of the Southold Town Code, hereby directs that the costs and expenses incurred by the Department of Public Works in effectuating the cleanup of the property located at 675 Wabasso Street, Southold, in the amount of$208.55 shall be levied against the real property of Kerry and Magda Ellis, SCTM #1000-78-3-30.2, in accordance with Section 100-10 of the Southold Town Code, and that said costs and expenses are to be collected at the same time and in the same manner as the Town taxes. ✓Vote Record-Resolution RES-2014-778 0 Adopted I Yes/Aye No/Nay Abstain Absent September 23, 2014 Page21 Southold Town Board Meeting ❑ Adopted as Amended Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Defeated James Dinizio Jr Voter p ❑ ❑ ❑ ❑ Tabled William P.Ruland Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter El ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Voter ❑ ❑ ❑ p ❑ Tax Receiver's Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-779 CATEGORY. Budget Modification DEPARTMENT.• Accounting Budget Modification for Channel 22 Storage Device Financial Impact: Provide appropriation for Channel 22 storage device RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 General Fund Whole Town budget as follows: From: A.9010.8.000.000 NYS Retirement ERS Retirement $11,000 To: A.1680.2.400.450 Central Data Processing Equipment Workstation/Server Peripherals $11,000 ✓Vote Record-Resolution RES-2014-779 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Voter 0 ❑ p p ❑ Withdrawn James Dinizio Jr Mover 0 ❑ ❑ p ❑ Supervisor's Appt William P.Roland Seconder Rl ❑ Q11 ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Louisa P.Evans Voter ❑ ❑ p El ❑ Town Clerk's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action 0 Lost September 23, 2014 Page22 Southold Town Board Meeting 2014-780 CATEGORY: Landfill Misc. DEPARTMENT: Solid Waste Management District Tip Fee Waiver for Residential Brush RESOLVED by the Town Board of the Town of Southold that the normal tip fees for brush disposal at the Cutchogue Compost Facility shall be waived for residential vehicles for the period November 1, 2014 through November 30, 2014; and that tip fees for brush shall be reduced for commercial vehicles to $30/ton during the same period; and be it further RESOLVED that for the purposes of this resolution, residential vehicles shall be defined as any vehicle with a resident disposal permit issued by the Town Clerk of the Town of Southold carrying less than one ton of debris (including trailers), or for vehicles without a permit, any vehicle with a less than one-ton carrying capacity (including trailers); and that commercial vehicles shall be defined as any vehicle with a commercial disposal permit issued by the Town Clerk of the Town of Southold, or for vehicles without a permit, any vehicle with a carrying capacity of one-ton or greater; and be it further RESOLVED that this tip fee waiver shall not apply to stumps of any type; and that it applies to the charge for the weight of the debris ONLY, and not to single entry fees for vehicles without permits, which will still be charged as appropriate. ✓Vote Record-Resolution RES-2014-780 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 2014-781 September 23, 2014 Page23 Southold Town Board Meeting CATEGORY. Contracts, Lease&Agreements DEPA.RTMF,NT. Town Attorney Lease Agreement W/Canon-HRC Copier 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 Human Resource Center at a monthly cost of$185.00 for a period of forty-eight (48)months, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2014-781 El Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Voter D ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Mover Rl ❑ ❑ ❑ ❑ Rescinded Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter ❑ ❑ ❑ D ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ No Action ❑ Lost 2014-782 CATEGORY. Employment-Town DEPARTMENT. Accounting Appoint Sabrina M. Born Clerk Typist RESOLVED that the Town Board of the Town of Southold hereby appoints Sabrina M. Born to the position of Clerk Typist for the Town Clerk's Office, effective September 24, 2014, at a rate of$35,766.63 per year. ✓Vote Record-Resolution RES-2014-782 Z Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated Robert Ghosio Mover p ❑ ❑ ❑ Tabled James Dinizio Jr Voter p ❑ ❑ ❑ ❑ Withdrawn William P.Roland Seconder El ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Voter ❑ ❑ ❑ El ❑ Rescinded Scott A.Russell Voter p ❑ ❑ p ❑ Town Clerk's Appt ❑ Supt Hgwys Appt September 23, 2014 Page24 Southold Town Board Meeting ❑ No Action ❑ Lost 2014-783 CATEGORY.• Support/Non-Support Resolution DEPARTMENT. Town Attorney Support Letter to U.S. Dept. of Agriculture/SC Water Quality RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a letter to the U.S. Department of Agriculture supporting Suffolk County's Regional Conservation Partnership Program grant application to obtain funding to ensure that farmers within the Federally designated Peconic Estuary Watershed have access to technical assistance and financial resources necessary to develop and implement plans and practices to protect water quality and soil vitality in Suffolk County, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2014-783 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter p ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Mover E1 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter 13 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Seconder, El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter ❑ ❑ ❑ D ❑ Supt Hgwys Appt Scott A.Russell Voter ❑ ❑ ❑ ❑ ❑ No Action ❑ Lost VI. Public Hearings Closing Comments Supervisor Russell SUPERVISOR RUSSELL: That concludes the agenda. I would invite anybody that would like to address the Town Board to please feel free? Lynn (Inaudible) September 23, 2014 Page25 Southold Town Board Meeting LYNN (INAUDIBLE): Lynn (inaudible), Hashomamaque Cove group. The families of Hashomamaque cove want to thank you for not expanding the study and halting our projects. We hope we are one of many that come along that help all of Southold. So thank you again. SUPERVISOR RUSSELL: Thank you, Lynn. I think there are issues there that need to stand alone and we recognize that the Hashomamaque cove, we can't hold that hostage for a very worthwhile project but completely unrelated to your issues. Sure. Peter Terranova PETER TERRANOVA: Peter Terranova, Peconic. Peconic Sound Shores. The situation on Route 48,just west and east of Hashomomaque cove is a clear and present danger to all of the residents of Southold Town and I think we recognize that. And the remedy being studied by the army corps of engineers should not be delayed or impaired for any reason, period. I mean, that's the way I feel. Now the coastal reach between Duck Pond Point to the west and Horton's Point to the east including Goldsmiths, is quite a bit more complex as we know. In this reach we have near shore bluffs, we have historical embayment's, we have a non-navigable tidal inlet, we have a man-made groin or jetty that is serving as a beach protection. We have deep near shore troughs, we have sandbars, we have glacial erratic's on the shoreline and a shoreline orientation change from west to east. It is a very complex coastal area to fully understand much less model using available computer modeling programs. Now the entire money that the army has allocated for the Hashomomaque cove feasibility study will probably not even be enough to truly understand the `coastal dynamics' in this particular reach even if we spent all that money there. so action on the part of the town board should not include this reach and not make the request to the army corps of engineers feasibility study. Had you done so, would have unnecessarily delayed the much needed work at Hashomomaque cove and I support the town board in that effort. Now I don't want to be misunderstood by anyone. I am in favor of any effort or study that provides the knowledge to help us implement projects and programs that preserve and protects our coastal communities and habitat. But efforts to address the issues in the unique reach from Duck Pond to Horton's Point should stand on its own merits. So I support the town in its decision today. and look forward to working with the Town Board in the future. SUPERVISOR RUSSELL: As a clarification, I think there was a misunderstanding two weeks ago that somehow, someway since the scope has been narrowed, the cost has been narrowed but it is my understanding the army corps will spend every bit of the $2.6 million, probably more just to focus on what their goals are right now which is for the public infrastructure. MR. TERRANOVA: Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board? George Aldcroft GEORGE ALDCROFT: George Aldcroft, Mill Lane Peconic. As you have already heard, I have sent you a lot of emails, I tried to do a lot of research because I still have not been able to get specifically from talking to the DEC, I have not been able to get anything from the army corps of engineers, trying to still get through to them even today. Getting hold of Bishop's office, also getting hold of Al Krupski. Because I have not seen anything written online, the last September 23, 2014 Page26 Southold Town Board Meeting fact sheet, February 2014 says that area, okay, was included which you considered to be problem area 4, now if it has been taken out, it seems like there should be something indicating why it was taken out and where was the funding? In other words, we have never said in any of the things and even the Group for Goldsmiths Inlet, we have never, ever wanted Hashomaque cove not included, we have never wanted the sites, the other problem areas 1, 2 and 3 definitely, they all belong in front of the Goldsmith Inlet area. What is confusing is when they said they took Goldsmith Inlet area out, it seems they have taken out, okay, that whole borderline there with the deteriorating jetty, with the Kenney's beach homes, with anything that would affect Mill Lane, with anything Second Avenue which last time was up to here with the flooding, and then if they are not taking care of it, who then is going to do something about it? Because if it is knocked out, I would like to know how come? And if it is being funded and they had $2.6 million, you say that's a lot of money just for a feasibility study, it is not saying they are going to spend any money, they are going to look at the problem and if they need $2.6 million to look at the problem, not put money into putting bulkheads or whatever else it is, that's a lot of money for a feasibility study. And if it has been taken out, I would like to know how come and did they have any, you know, where's the rest of the money going? SUPERVISOR RUSSELL: The, it is a federal agency and the accountability component would have to come from your federal representatives. These are issues that are certainly valid and they should be studied but they are going to have to be looked at as a separate initiative from the Hashomomaque cove study. The army corps has made that perfectly clear to us. They see no science link between the two. And right now their focus is in Hashomomaque cove and the public, protecting the public infrastructure there. MR. ALDCROFT: Even though it was considered to be one of the major problem areas? When they listed the four? The original... SUPERVISOR RUSSELL: It's their decision. MR. ALDCROFT: Inaudible. SUPERVISOR RUSSELL: Again, the accountability component would have to come from your federal representatives to insist on accountability or answers from the ACOE. MR. ALDCROFT: Okay. So if the county or if the army corps of engineers is not going to look at this, who is going to look at that area? SUPERVISOR RUSSELL: Maybe the army corps will, it just won't be part of the Hashomomaque cove study. It doesn't meant that there shouldn't be some effort or emphasis trying to be placed going back to Bishop and asking for some more funds to study that. That's what the army corps does. It's just that.... MR. ALDCROFT: Is the town willing to do that? September 23, 2014 Page27 Southold Town Board Meeting SUPERVISOR RUSSELL: Is the town willing to sit down with Congressman Bishop? Absolutely. Anytime. But we are not willing to hold one study hostage... MR. ALDCROFT: No, I agree they should not, there's never been a question that they should be held back, the reason I was working on it was because it was part of the original funding and study. SUPERVISOR RUSSELL: I understand. MR. ALDCROFT: Not that we are now going to stick it in. SUPERVISOR RUSSELL: I understand. They are much farther along than I thought they would be, in fact, I think they are getting ready to set public hearings sometime in November. So they have done quite a bit and a lot of that money has been spent. With more to be spent. Who else would like to address the Town Board? Robert Dunn ROBERT DUNK: Robert Dunn, Mill Lane. I am just going to make a comment in addition to what George said. This is a fact sheet, Hashomomaque cove, that was issued in February 14 and it said all of the areas were going to be included so it is a little confusing and kind of what the whole thing does here is it puts one area against the other. That's not right and it's not good for anybody. SUPERVISOR RUSSELL: Right. MR. DUNN: I mean, the whole thing started back with the EIS thing and why that wasn't done 5 years ago or 3 years ago or whenever it was supposed to be done and it wasn't done and a vote wasn't taken and then it came up again and then it was referenced we were getting $30,000 and that it turned out to be more than $30,000 to review the old study so we are going to pass it along to the army corps of engineers is how we got into this conflict and it appears that Goldsmiths is going against Hashomomaque and Kenney's is, so I don't even know who is going where anymore. It is really getting very confusing so what has to happen is, somebody needs to (inaudible) you guys got to say this is what we are going to do, this is what we are not going to do and that's it. I mean, we elect you and we have got to respect what you do, it's your right to do it. You have a responsibility to kind of put some of these things to sleep and end it so that you don't go on and on and on. It's just, there's always studies and am I making my point? SUPERVISOR RUSSELL: Yes, very much. I understand that. This town has start and stopped so many times on all issues relating to the jetty but the issue that was presented to us two weeks ago was to expand the scope back to the original scope. My understanding is the army corps did study the larger areas of reach and they honed in on Hashomomaque because that was the original intent. MR. DUNN: And I am all for that, Mr. Dinizio explained to me exactly where it was and I went and looked at that property where you said was affected and that's scary. I was there when the water was 5 feet from the little berm on the side of the road there, so there's an absolute need September 23, 2014 Page28 Southold Town Board Meeting there and that should be the priority. Work should be beginning there tomorrow, not studied. It's too late for studies as far as I am concerned but I am talking about now what's going on with the town. What's going on with the town can back this whole jetty thing and it just goes on and on again. And I guarantee it is going to be up here, people are going to, there's going to be a guy over there and there's going to be a guy over here in two months or three months and they are going to bring something else on it, it needs to end. SUPERVISOR RUSSELL: You know, one presumption we cannot make is that somehow, someway, if we find the funds to study the problem, it's going to come up with a singular solution that is going to solve the problem. It is an ongoing issue. It has and lord knows this town has committed a tremendous amount of money to all issues related to Goldsmiths inlet, but at the same time, the genesis of this whole discussion was Hashomomaque cove. Are there issues at Goldsmiths, are there issues at Duck Point? Absolutely. And we would be happy to sit down with any organization that wants to meet with our federal representatives and try to secure their resources and study those issues. MR. DUNN: The connection that came between this Hashomomaque thing, (inaudible) and Goldsmiths though was as a result of the discussions that went on this summer related to the DEIS and updating it and monies were actually voted by you guys to update it and then you found out there wasn't enough money, so I don't know. I am hearing back stories. SUPERVISOR RUSSELL: Okay. Just a clarification, first the EIS, the update, that's separate and apart from the army corps of engineers study. MR. DUNN: Absolutely. SUPERVISOR RUSSELL: A completely separate issue. The town board some years ago had paid for an EIS, a pretty substantial amount of money and then never accepted it. my position at the time was, we paid for the darn thing, we ought to at least accept it. it doesn't mean we have to act on it. we revisited that issue last year, we thought the consultant I guess originally gave us an estimate of about $30,000 to brush it off and then he came back and said guess what? That study is so old, you can't make any decisions based on that study. The science has moved well past that. so then we have to look, we have to make a hard decision. we are just not in the position to spend a couple hundred thousand dollars to study a jetty yet again. that would be out of town pocket. We have spent an awful lot. You know, it was constructed by the federal government, I would like to see the army corps of engineers come in and you know, I was hoping for the broad scope study they were promising. We didn't get it. what we have right now is hopefully looking to expand that scope down the road but as separate and apart from the issues at Hashomomaque. MR. DUNN: Fine. All I am saying, am I making my point about (inaudible) SUPERVISOR RUSSELL: Yes, you are. MR. DUNN: That's really what I am talking, I am not talking about trying to eat their lunch. September 23, 2014 Page29 Southold Town Board Meeting SUPERVISOR RUSSELL: I know. MR. DUNN: That's not my point. SUPERVISOR RUSSELL: I appreciate it, Robert. MR. DUNN: Last week I spoke to you guys about shoreline erosion in general, going up the beach from the inlet and oddly enough, I went home that night and on CBS was Susan Acker, she is a legislator from.... SUPERVISOR RUSSELL: Yes, north shore of western Suffolk. MR. DUNN: Are you aware of their legislation that actually went on that same night with the county? SUPERVISOR RUSSELL: No. MR. DUNN: The county voted to create a task force to study erosion in jetties on the north shore and it seems to me, if the county is going to be doing something then the town ought to be aware of it and maybe we can get Mr. Krupski to present to you guys and keep us abreast of where that is going? When you consider that if they are talking about the north shore of Suffolk County, Southold Town, Fishers Island and Plum Island probably is one third of it by (inaudible) we may not be the population of one third and we may not be the money value of one third but the task force is going to be county, state and federal and we should be at least informed or made aware of. SUPERVISOR RUSSELL: I will ask Legislator Krupski to see if we can get a seat at the table and have a representative from the town, you know, I have to be candid, the county has a history of creating task force and you know they recently have a tick management task force, they had one meeting and then disbanded so, but certainly if we had an advocate from the east end representing our interests, I will certainly do what I can. MR. DUNN: just to be aware of what's going on. I mean we shouldn't have to hear about it (inaudible) legislation that affects just about everybody in this room. One way or another. Thank you. SUPERVISOR RUSSELL: Right. Thank you, Robert. Who else would like to address the Town Board? Bill? Bill Shipman BILL SHIPMAN: Bill Shipman, Horseshoe Drive, Cutchogue. A couple of questions. The tent law that was filed in march, is that now in effect? For enforcement? SUPERVISOR RUSSELL: Yes. September 23, 2014 Page30 Southold Town Board Meeting MR. SHIPMAN: Over at Vineyard 48, they have tents up, the site plans says they are not supposed to have them up. Have they been cited for that? SUPERVISOR RUSSELL: I am going to defer to Martin on that. But I believe that should be an issue that should be brought to Robert Fisher. Who inspects the tents for the town, building department. MR. SHIPMAN: Okay but this has been a three year problem and I come up here every couple of months and ask the same questions and I haven't been given that answer yet but... SUPERVISOR RUSSELL: Look, I think we have scaled back the operation there substantially. MR. SHIPMAN: That we have, Scott but they were, what's the word I want to use, disciplined by the state liquor authority and they are doing the exact same things they were doing prior to their discipline on a much smaller scale. So if I have been fighting for three years and they are not supposed to do something, guess what? I am here. If you go to the number Vineyard 48, the dates come up, the Instagrams come up, people are getting approximately 64 ounce beach pails of sangria for $50 a pop. So they are not supposed to do that. Their stay entitles them to do servings. They have beer taps on site. Other vineyards, do they do that? Do they go maybe go above and beyond? Yeah but Vineyard 48 is the only vineyard in New York State that has been disciplined by the New York State liquor authority and they happen to reside here in Southold Town, across the street from my house where they had a Boardy Barn style party for three years and guess what? That monster is going to grow again. So if they are not supposed to have those tents there, I want to know if they are cited or if they are not cited. SUPERVISOR RUSSELL: I am going to.... MR. SHIPMAN: Or if you are not going to cite them, tell me you are not going to cite them. SUPERVISOR RUSSELL: If it is an issue of compliance, I would bring it to the building department and get an answer from the building department. TOWN ATTORNEY FINNEGAN: They have permits for the tents right now. The tents came down, as you may recall... MR. SHIPMAN: yes. TOWN ATTORNEY FINNEGAN: And they applied, the issue previously was they just put them up without any permit at all, they came in, they applied for a permit. They were issued permits and they are being monitored by the fire marshal on a monthly basis. There have been, to my knowledge, no complaints or incidents. There are other businesses in town that applied for, you know, repeated permits. As long as there are no issues, with the use of it or the intensity of the use of it, then the permit can be re-issued but that's at the discretion of the building department. MR. SHIPMAN: Okay. September 23, 2014 Page3l Southold Town Board Meeting TOWN ATTORNEY FINNEGAN: So that's where you would have to inquire, I presume that the permit is still valid at this point.... MR. SHIPMAN: They have tent permits? TOWN ATTORNEY FINNEGAN: Yes. MR. SHIPMAN: So from May till whenever they got their permits, sometime July, August? TOWN ATTORNEY FINNEGAN: I don't know the exact date. MR. SHIPMAN: Okay. So when they got those, they were cited, yes? Prior to getting them they were cited. TOWN ATTORNEY FINNEGAN: There were numerous violations and by way of resolution of those violations.... MR. SHIPMAN: Your tent permit guidelines, `a tent permit shall not be issued, the erection of a tent on any parcel that has an open building permit or subject to pending site plan'. Their site plan is now in Supreme Court, yes? TOWN ATTORNEY FINNEGAN: There is an injunction.... MR. SHIPMAN: A tent permit shall not be issued to any business operating in violation of town code or has any pending code violations. TOWN ATTORNEY FINNEGAN: The code violations were all resolved, through the resolution of the code violations, they applied for a tent permit... MR. SHIPMAN: For two years they didn't have any permits, you continually cited them. They pled guilty for violations that you cited them for and then you gave them tent permits? SUPERVISOR RUSSELL: Look, there had to... MR. SHIPMAN: They were in violation when they didn't have the permit. SUPERVISOR RUSSELL: They came in and got the, Bill, there needs to be some resolution to this. I think if you look at the.... MR. SHIPMAN: The resolution is that.... SUPERVISOR RUSSELL: If you look at the operation, I have listened to you, now you have got to listen to me. I listened to you, now you have got to listen to me. And I will listen to you again. Our goal was to not shut that business down but rather to bring it into compliance with the scope and scale that's consistent with the zoning. We have done that. We have done that. September 23, 2014 Page32 Southold Town Board Meeting Tent permits, all of those things, there has to be some resolution on both sides of the table. We have done our job here. If it grows and the problem exacerbates, we will address it again. But we did our job. We brought it back into compliance with what the intended use of the zoning is. We are not here to put them out of business, we are here to simply reel them in. That is what we did. MR. SHIPMAN: Okay. But they still have no liquor license, correct? SUPERVISOR RUSSELL: That's an issue I am going to have to defer to the SLA on. I can't enforce SLA and I know that was a separate action on the part of the SLA. MR. SHIPMAN: But you are telling the business they can do that, they are allowed to operate that way, you are giving them tools to enhance their operation and you haven't had a current liquor license since 2009. SUPERVISOR RUSSELL: We are giving them tent permits. That's what we have given them, tent permits. We haven't given them the tools to operate in some nefarious way, that's an issue for, that's an issue for the SLA. We gave them tent permits. MR. SHIPMAN: I may be back here in three weeks, you are going to have the same stuff that's going on there. SUPERVISOR RUSSELL: And if that's the case, we will react quickly. MR. SHIPMAN: Okay. Regarding the Suffolk County Supreme Court order from 10/23/2012 regarding the limiting of 34 vehicles on site. It has been noted multiple times since 2012 that they have had over 60 vehicles on site. Has anything been done regarding that? SUPERVISOR RUSSELL: I am going to defer to Martin and the Planning Board on that. TOWN ATTORNEY FINNEGAN: My understanding is that the police department routinely patrols there on the weekend and if there are violations, they note them and violations are issued. I am not aware of any recent violations that have been issued in the last month or so. Inaudible. MR. SHIPMAN: Inaudible. But they've been violating that since 2012, several times over 2012 and 2013, then the new season starts in April and now because they complied and they are violating a Supreme Court order, you give them tent permits on top of it. Do you at least see where I am coming from? SUPERVISOR RUSSELL: Yes. But I assure you, we will react quickly if the problem gets reestablished. MR. SHIPMAN: Okay. Let's go back to old stuff. They have a limit of 256 people, they are over every weekend. And your answer to that a year and a half ago or two years ago, you can't count every individual person. Well, this is what's happening every Saturday through July and September 23, 2014 Page33 Southold Town Board Meeting August. so when your Planning Board or your Planning Department issues the tent permits, when you have been fighting with them in court, spending over $23,610 from May 1, 2010 to May 1, 2014, the stuff that I FOIL'd and I found it on my own, I never received the FOIL'd information since June so you are telling me that you issued them tent permits. SUPERVISOR RUSSELL: The irony is here, Bill, is that we spent that money for you and for the other neighbors at that site... MR. SHIPMAN: I understand that. SUPERVISOR RUSSELL: And we did our job, it worked. MR. SHIPMAN: And then you give them tent permits to operate, when they have no liquor license,they have a stay.... SUPERVISOR RUSSELL: Tent permits are not.... MR. SHIPMAN: While they are in litigation. SUPERVISOR RUSSELL: You do not need a liquor license to get a tent permit in Southold Town. MR. SHIPMAN: This is going to go off around in a circle and there's always going to be an answer. What's the status of their site plan? If the site plan that was approved in December of 2013 says it is immediately enforceable December 17, 2013, is that their site plan? SUPERVISOR RUSSELL: You'll have to go ask the Planning Board. It is before a discretionary board. This Town Board shouldn't mingle in the affairs of the Planning Board. Go to the Planning Board if you have concerns about the site plan or if you would like to know the pendency of the site plan, you know, where are they in the process? But you can bring it up with Don and the rest over there and I am sure they will answer all your questions. MR. SHIPMAN: So it shouldn't be this site plan because they issued tent permits? In here it says, in their site plan, it says that there's to be no tents, awnings or sales on the property. SUPERVISOR RUSSELL: I can't speak to that issue because I don't have benefit of the Planning Board's stipulations but I would strongly recommend if you think there are violations, bring them to the attention of the Planning Board so they can evaluate to see if violations exist. MR. SHIPMAN: I have been to the Town Board, I have been to the Planning Board, I have been to the Zoning Board of Appeals who has a 167 page decision regarding this and the majority of the stuff that's put in the site plan is on recommendation of the ZBA and the ZBA says that the past practice of their stuff has been a commercial enterprise. And we give them tent permits. Okay, we will give them this, you just be good. September 23, 2014 Page34 Southold Town Board Meeting SUPERVISOR RUSSELL: Mmmhmm. That's, I can't.... MR. SHIPMAN: Are you kidding me? SUPERVISOR RUSSELL: I can't... MR. SHIPMAN: Run your tasting room and be good, maybe you get tent permits when you start acting like.... SUPERVISOR RUSSELL: We don't have the discretion to deny bona fide permits to people. What we had.... MR. SHIPMAN: It's a permit. SUPERVISOR RUSSELL: What we had was the opportunity to reel it in and we did that. MR. SHIPMAN: If I don't comply with your landfill rules and regulations, what happens? SUPERVISOR RUSSELL: You get a permit. MR. SHIPMAN: No, you don't. You took it away from Artco years ago because of dumping. SUPERVISOR RUSSELL: Well, I can't speak to that, that was a litigation issue. But I don't think we should go there right now. MR. SHIPMAN: Inaudible. SUPERVISOR RUSSELL: I am very familiar with that, I don't think we should go there right now. MR. SHIPMAN: He was unable to use that facility because of violations. Scott, I am not the sharpest tool in the shed but I know when I am being jerked around. SUPERVISOR RUSSELL: Bill, I happened to be a party to that action, and I would say a lot more to it than what might meet the eye, so I am not going to comment on past... MR. SHIPMAN: Right. Well, there's a lot more action going on right here that's meeting the eye. SUPERVISOR RUSSELL: We have received no complaints. I have gone by personally on several weekends and..... MR. SHIPMAN: That's because I stopped calling because they show up 1 '/z hours later and what does it matter? You tell me keep calling but the only thing that is done is that it is documented. I am tired of calling. I am tired of bothering Jim. September 23, 2014 Page35 Southold Town Board Meeting SUPERVISOR RUSSELL: Okay. COUNCILMAN DINIZIO: You don't bother me, Bill. MR. SHIPMAN: I understand that but I feel that I do because I am here for three years doing the same stuff and you told me at one particular point you were never going to give them tent permits until they complied. Nothing is done. SUPERVISOR RUSSELL: You need to discuss it with the Planning Board to see if they achieved compliance. I can't answer for the Planning Board. MR. SHIPMAN: Have they achieved compliance? SUPERVISOR RUSSELL: That's an issue you should bring to the attention of the Planning Board. It is a site plan that is solely governed by the Planning Board, not the Town Board. MR. SHIPMAN: And then what about the building department because the permits are being issued in error. SUPERVISOR RUSSELL: That's an issue.... MR. SHIPMAN: And then they are going to tell you, we are not taking them down. And then your answer to me is going to be what it was in June, we don't have the mechanisms in our town code to remove the tents, to force them or to force the vendor to take the tents down. So right now, I believe I am being jerked around really, really hard. And I have been nice right up to this point and you tell me you give them the permits. So before I am unkind and I am not acting like a gentleman, I am going to call this a night. But something very strange and weird is going on in this and it is completely unfair. Completely. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board on any issue? Linda Goldsmith LINDA GOLDSMITH: Hi, Linda Goldsmith, East Marion. I wanted to know the status of the property behind the East Marion park? Melissa Spiro had spoken to us and you have decided to take the gift of that property. Is that correct? SUPERVISOR RUSSELL: I, executive session item. I don't know that I should be discussing in public session. MS. GOLDSMITH: Okay. Well, it was discussed with me, so I will tell you what was discussed with me. Then she had called and she had said that the town was going to take the property. I am just wondering if the development rights are going to be extinguished on that if the town takes the property, a big if Will the development rights on the two acres be extinguished? September 23, 2014 Page36 Southold Town Board Meeting SUPERVISOR RUSSELL: The town, with any parcel the town would take, we would extinguish the development rights. That would be the purpose of taking it through the Land Preservation Department. MS. GOLDSMITH: Okay and I can find the tax ramifications through the Assessor's office? Would that be correct? SUPERVISOR RUSSELL: Yes. Or you can call my office, I will get it for you. MS. GOLDSMITH: That's okay, I will call. I was just interested because when Melissa had spoken to the school, you know, we were a little bit on the interested side as far as taking that property and then you know, the opportunity went away. Extinguished or not, we were still interested but.... SUPERVISOR RUSSELL: If that's the case, then we certainly.... MS. GOLDSMITH: No, no, no, no. Then we thought about it, we thought maybe we better leave it on the tax rolls because we need all the revenue we can get. But anyway, I just wondered what the status is. And the other thing is, I am sure you have all been over the internet and read about the issues with the safety of the justice court and things like that and I am just wondering if either of the buildings on Peconic Lane have ever thought to be repurposed as a justice court and you have the close proximity to the jail and it just would seem to be somewhere in those buildings you can hold justice court there.... SUPERVISOR RUSSELL: We did look at both, actually, the Peconic School, the original bond that bought that building specifically precluded us from anything other than public purposes. It did not provide for municipal office space. It would have been in violation of the bond. The other building was just too large and very difficult to secure. I mean, it is just a large Morton building. It would be very difficult to secure that site. But we are going to look at all our options and bring some resolution to this very quickly. MS. GOLDSMITH: I just happen to just unfortunately be in Riverhead court, actually it was traffic court if you can imagine, and the security was amazing. SUPERVISOR RUSSELL: Yes, it was. MS. GOLDSMITH: I couldn't bring a bottle of water in. So, you know, I mean it doesn't personally affect me but it certainly would affect me if someone here was injured and you know, I always think if someone can go into Lancaster, Pennsylvania and get 7 little Amish girls and shoot them, you guys are all sitting ducks up here. Thanks. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any issue? Jill Franke September 23, 2014 Page37 Southold Town Board Meeting JILL FRANKE: Jill Franke, Southold. I was wondering when you were going to paint the lines on the road at the monument in Orient? SUPERVISOR RUSSELL: Where? MS. FRANKE: In the roadways. The monument. SUPERVISOR RUSSELL: I would have to defer to Vincent Orlando. MS. FRANKE: The attorney? SUPERVISOR RUSSELL: I would have to defer to Vincent Orlando, who would be in charge of that schedule. MS. FRANKE: I know my mom had spoke to you prior to her passing about it, that people who are not from out there, they come over, they pull over to the right and if you are turning to head to the west, you pull over to the left and they pull into you. SUPERVISOR RUSSELL: Is this on Route 25? Or this is.... MS. FRANKE: it's on 25 and Village Lane. It's the monument. At the soldiers monument. SUPERVISOR RUSSELL: Okay, then.... MS. FRANKE: I have an email from you as far back as 2006 where you told me it was going to be done within a matter of weeks because it was already surveyed, they put new sidewalks in, all kinds of work was going to be done there. That was 2006. SUPERVISOR RUSSELL: Sure. MS. FRANKE: I spoke to you prior to that and it's still not done. SUPERVISOR RUSSELL: Sure. I can't, you know, I gave you the answer that was conveyed to me by the highway superintendent at the time. this is an issue you should take up with the highway superintendent. MS. FRANKE: Okay. And I have no issue with the police department or the fire department, they are our first line of defense if anything should happen, a couple of weeks ago you passed a resolution to purchase some weapons. Only one of you cared to find out what type of weapons they were, I was wondering why the weapons were purchased on August 7 and you did not pass the resolution to purchase them to the end of August? SUPERVISOR RUSSELL: I can't speak to that. Probably the police chief overextended the line that was earmarked for ammunition and we had to do a budget mod to cover that cost. But that was a $17,000 purchase. We have to show some faith and confidence in our department heads September 23, 2014 Page38 Southold Town Board Meeting and if he, at his discretion, wanted to buy those weapons that's his prerogative. He believed the department needed that and I am going to stand by him on that. MS. FRANKE: I believe the department probably needed it also but I think the Town Board should know what's going on. You are all police commissioners. SUPERVISOR RUSSELL: That's a$40 million budget, again, you have to show some faith and confidence in the department heads. To make some of these acquisitions. MS. FRANKE: There are department heads here that you shouldn't have too much faith in. Supervisor Russell SUPERVISOR RUSSELL: Who else would like to address the Town Board on any issue? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby adjourns this regular meeting of the Southold Town Board at 8:20 P.M. Eliza th A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Russell ABSENT: Louisa P. Evans