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HomeMy WebLinkAboutTB-11/05/2014 ELIZABETH A.NEVILLEOg�FFpTown Hall, 53095 Main Road SSW ��c TOWN CLERK � 4k PO Box 1179 H Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER y�ol �a�� Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER southoIdtown.north fork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING November 5, 2014 7:00 PM A Regular Meeting of the Southold Town Board was held Wednesday,November 5, 2014 at the Meeting Hall, Southold,NY. Call to Order 7:00 PM Meeting called to order on November 5, 2014 at Meeting Hall, 53095 Route 25, Southold,NY. Attendee Name Organization Title Status Arrived Robert Ghosio Town of Southold Councilman Present James Dinizio Jr Town of Southold Councilman Present William P. Ruland Town of Southold Councilman Present Jill Doherty Town of Southold Councilwoman Present Louisa P. Evans Town of Southold Justice Present Scott A. Russell Town of Southold Supervisor Present Elizabeth A.Neville Town of Southold Town Clerk Present Martin D. Finnegan Town of Southold Town Attorney Present I. Reports 1. Land Tracking Report 2. Recreation Department Monthly Report 3. Programs for the Aging 4. Zoning Board of Appeals Monthly Report 5. Special Projects Coordinator Monthly Report II. Public Notices 1. Southold Trustees Southold Town Board Meeting Page 2 November 5, 2014 III. Communications IV. Discussion 1. 9:00 Am -Heather Lanza with Tess & Todd Gordon 2. 9:15 Am -Jim McMahon,Jeff Standish 3. 9:30 Am -Jeff Standish 4. 9:45 Am -Michael Collins, Jamie Richter 5. 10:00 Am -John Sepenoski, Mark Terry 6. 10:15 Am - CANCELLED - Kevin Webster 7. 10:30 Am-Herb Adler 8. Scanner for Records Management Office 9. Town Policy 10. Transient Rental Legislation (Code Committee) 11. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 11:21 AM for the purpose of discussing the following matters: Labor—Matters involving employment history of particular person(s) Litigation— Michael and Dana Savino v. Southold Town Board of Trustees Lorraine Haeg v. Town of Southold RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 12. EXECUTIVE SESSION - Labor 13. EXECUTIVE SESSION - Litigation 14. Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 12:22PM. Southold Town Board Meeting Page 3 November 5, 2014 RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 15. Motion To: Recess 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby Recess this 9:00 AM meeting of the Town Board at 12:22 PM until the Regular 4:00 PM & 7:00 PM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 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:OOPM Regular Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Scott A. Russell, Supervisor SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Opening Comments Supervisor Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance to the Flag. Thank you. Would anybody like to comment on any of the agenda items at this point? Robert Dunn,Peconic ROBERT DUNN: Robert Dunn, Peconic. Today I learned what coir logs are. I actually knew what they were but I never knew what they were called. To me they were just burlap bags. You are looking to get rid of some that are considered surplus? This is 873, 75 of them are $1,500 minimum bid. Those things go retail of upwards of$200 each and it seems to me that probably in a lot of places in town that they can and should be used. And I don't really know that you should be giving them away based on that. I refer you back to what was that one, Peter, 81? 881, you go to dredge the sound up onto town beach, good idea, why not put some of these there to keep the sand from blowing away? You couldn't stand at the beach in front of my house this weekend, with the sand that was blowing. And I am sure it was the same way at town beach. So if you are going to put sand up there, let's keep the sand there. I heard Mr. Ruland comment this morning that all the sand from Bailie's is kind of.... COUNCILMAN RULAND: In Peconic. MR. DUNN: In Peconic or on the lawns behind it because there is nothing there to hold it. sand doesn't stay in place naturally. So to give these away to somebody for $20 apiece. Not only at Southold Town Board Meeting Page 4 November 5, 2014 town beach but maybe some of the park districts or any number of people around town could, any number of areas around town could use them including the beach by the Bittner property. You can't use them actually down in the water, they can be used away from the water to prevent erosion. It just seems like you are kind of giving them away. COUNCILMAN RULAND: We certainly could pose that question to the town engineer and see what he says, maybe. SUPERVISOR RUSSELL: Just table the resolution tonight? Rather than go out to bid, to see if there is an alternative use other than selling? COUNCILMAN RULAND: Well, certainly one of the problems is the amount of space they take up because they are being stored inside and they are being stored inside of the building to keep them out of the weather that, they are taking up space, holding up the project to pour the cement. MR. DUNN: Well, certainly understand that. I actually thought about that, that maybe Mr. Orlando doesn't want them there. They are of no value to the highway department. But they will hold up to two years outside, if it came to that. I did a little research, they will hold up for, they are made to hold up for two years so that vegetation....do you know what they are? SUPERVISOR RUSSELL: You know what, let's pretend for a second. I have no idea what coir logs are. Would you explain for other people's benefit what exactly they are? MR. DUNN: Coir logs are, 12 inches round, 12 feet long, made out of burlap and coir rope. That's the definition. The rope is braided, it is commonly like you see hanging over the side of a ship. SUPERVISOR RUSSELL: Okay, yes. MR. DUNN: They make a long log out of it. they stake it into the ground and trees and stuff will actually grow out of it. so they use them for erosion control. You really wouldn't want to put them down at the, what do they call it, line with the high tide? SUPERVISOR RUSSELL: You mean high water mark? JUSTICE EVANS: Wrack line. MR. DUNN: You wouldn't to put them there where they are constantly getting seawater but an embankment or bluffs or maybe on the south side where you have light erosion in the marshes. They would be very practical there. it just seems, given their value, against you taking a minimum bid here. Somebody is just going to strike gold there at 20 bucks a piece. SUPERVISOR RUSSELL: Let me just ask, either Bob or Jill, the DEC has a position on these? They are acceptable? Southold Town Board Meeting Page 5 November 5, 2014 COUNCILWOMAN DOHERTY: Yes,they are. MR. DUNN: I am sure that you have seen them because.... COUNCILWOMAN DOHERTY: They are used and they are actually right now you don't even need, if you are not moving soils around and you are just putting them in there and planting them, you don't even need a permit to put them into place. Because it is a natural product. MR. DUNN: One park might need 10 of them and let them take the 10 for(inaudible) TOWN ATTORNEY FINNEGAN: Just so there is a little context here. These logs were not purchased by the town, they were actually part of the dike rehab project that the federal government did and so they were surplus material from that project that we just kind of got stockpiled here by NRCS when they left. So, we are looking to unload, it is not as if we paid $200 a log and we are giving them away for$1,500.... SUPERVISOR RUSSELL: Let's do this... TOWN ATTORNEY FINNEGAN: And the town engineer would not have put this, we couldn't get to the point of bidding them if they weren't surplus. MR. DUNN: Inaudible. SUPERVISOR RUSSELL: Let's do this. Let's do this,this is.... MR. DUNN: Inaudible. SUPERVISOR RUSSELL: This actually, it's a 10 day window of opportunity for people to bid, we have no obligation to accept the bid, after they are, you know, submitted. It will give us time, we can go out to bid and it will give us time to talk about it in-house to figure out whether we have good end uses for them. Alright,thank you. COUNCILWOMAN DOHERTY: Yeah,the town beach is a good idea. SUPERVISOR RUSSELL: Would anyone else like to comment on the agenda? Peter Terranova, Peconic PETER TERRANOVA: Peter Terranova, Peconic. Just to reiterate what Bob had said in relation to resolution 2014-881, with I guess we are going to bring up some sand to act, I guess, rebuild part of the beach in front of town beach. I had mentioned to the town board once before how sea grass, okay, above the high tide water line is just an invaluable method to trap that sand that blows like crazy, I mean, let me give you a little perspective. When I was younger, a kid, every spring we would have to come out to my parent's home which as you know is on Sound Avenue in Peconic or was, before we sold it. But we used to spend two days shoveling the sand that blew around the house and around the driveway. I mean, two days, wheelbarrow after wheelbarrow because there was no sea grass in front of our homes. This was before the jetty was Southold Town Board Meeting Page 6 November 5, 2014 built and now we have got the sea grass, we have got the sea grass there, it was planted by myself and many other people but it has taken root and it has built up the dunes and it traps that sand that blows in on the north wind and as Bob reiterated, you just couldn't stand at the beach this weekend with the wind. I suspect we are having the same problem down at town beach, we have nothing to stop that sand from blowing up, across the parking lot, across Route 48 and I am sure it is all deposited on the other side. If you could use some of these logs for example, to help you know, in front of the parking lot, couple that with an aggressive sea grass planting, this is the time to do it. You don't want to end up with a Leeton Drive situation where you have no beach left and all you are left with is putting up a bulkhead which then refracts all the wave energy and nothing gets deposited there. You will never get the beach back when you have a bulkhead and we all know that. so on this particular resolution where they got $3,590, I don't know whether or not sea grass planting is included in that but you know, I am sure you could even get some volunteers to come forward, Bob is an expert planter. He has done a great job down at Goldsmiths Inlet. COUNCILWOMAN DOHERTY: Did you just volunteer? SUPERVISOR RUSSELL: That is a good idea. MR. TERRANOVA: And we could use some of those logs by the way, down at Goldsmiths. Part of the sand intrusion into the mouth of the inlet is due to that sand that is blowing and you can just see it, you walk down there now and you can see where the sand has been stripped, leaving nothing but rocks. Where did that sand go? It went into the inlet. So anything we can do to plant sea grass, put any sort of shoreline stabilization is something that will pay us tremendously in dividends going forward and will reduce ultimate costs to the town. So that is my message. COUNCILMAN GHOSIO: Down at town beach what we had there was it was being pulled out into the sound, it wasn't blowing across, it was getting pulled out. MR. TERRANOVA: Here's what happens, I walk the beach practically every day. What happens in the winter time, the sand that gets deposited, okay, from what I call the summer beach, the steep summer beach okay, it builds up at the wrack line. When you get that north wind like we have had, okay, that sand gets stripped off that top crest if you will, at the wrack line, gets blown inward along the sound. It gets trapped by the sea grass. COUNCILMAN GHOSIO: Okay. MR. TERRANOVA: When you get a celestial high tide, with a north wind or a north east or a severe northwest wind, that tide goes up and pulls it back down again. That's part of that beach replenishment. It is a process, okay? I showed you all pictures not too long ago what it looked like down by us after the December 2010 storm. We had a four foot drop from the dune, we lost 25 feet of the dune and we had a four foot drop where the water had eroded the dune. That has now filled in. And it filled in because the sand gets blown up in the winter time okay, and then begins, the grass then starts working its way down because that beach grass grows with tentacles. Southold Town Board Meeting Page 7 November 5, 2014 So it is a process that goes over time and the sand comes in from the wind and then it gets pulled back out when you have a celestial high tide, okay, coupled with the north wind. We were very fortunate, by the way, this past weekend because the tides were not, when we had that heavy north wind this weekend, the tides were a foot less than what they will be this coming weekend with the new moon. So we were very, very lucky. Very lucky. If you think about all of the beaches here with one foot extra on the tide that we would have had if, had that storm come this weekend, we would have really suffered you know, tremendous erosion all throughout the sound side properties. So we were very lucky and that is the coincidence of mother nature. You know, mother nature is just a funny thing. If things hit at just the right time, okay, you have a severe problem. Again, any steps we can take, whether it is through these logs or planting the beach grass that helps trap that sand so it at least keeps it in that area we want it, it would stand us in good stead going forward. COUNCILMAN GHOSIO: Oh, I agree. SUPERVISOR RUSSELL: Thank you. Mr. Dunn MR. DUNN: Something that Peter just said, this is the grass that I planted in January. That's the length of the grass, that's the lengths of the root which is three times the length of the grass. That grew just this year. Inaudible. COUNCILMAN GHOSIO: Oh, yeah. MR. DUNN: The grass is just (inaudible) Supervisor Russell SUPERVISOR RUSSELL: Is there anybody else that would like to comment on any of the agenda items? (No response) V. Resolutions 2014-857 CATEGORY. Audit DEPARTMENT. Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated November 5 2014. ✓Vote Record-Resolution RES-2014-857 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Seconder 0 ❑ ❑ ❑ Defeated James Dinizio Jr Voter p ❑ 0 ❑ ❑ Tabled William P.Ruland Voter ❑ ❑ El ❑ ❑ Withdrawn Jill Doherty Voter p ❑ ❑ p 0 Supervisor's Appt Louisa P.Evans Mover p ❑ ❑ 0 Southold Town Board Meeting Page 8 November 5, 2014 ❑ Tax Receiver's Appt Scott A.Russell Voter p ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-858 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,November 18, 2014 at the Southold Town Hall, Southold,New York at 4:30 P.M.. ✓Vote Record-Resolution RES-2014-858 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter EI ❑ p ❑ ❑ Rescinded Jill Doherty Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover EI ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-859 CATEGORY: Budget Modification DEPARTMENT.- Solid Waste Management District SWMD Budget Mods Financial Impact: Overdrawn for referenced lines; cover estimated expenses for diesel fuel, scrap tire removal, single stream trucking through end of year; new line for E 450 bus brake work; dealer site visits to troubleshoot Volvo, grinder; RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 Solid Waste Management District budget as follows: Southold Town Board Meeting Page 9 November 5, 2014 From: SR 1490.1.100.300 Admin. Vacation Earnings $ 1,325 SR 8160.1.200.100 Regular Earnings-Part Time Emp 1,200. SR 8160.4.100.645 Maint/Supply Fire Truck 475 SR 8160.4.100.800 Maint/Facilities & Grounds 1,000 SR 8160.4.400.200 Building Maintenance 500 SR 8160.4.400.685 Repairs/Chevy Pickup 250. SR 8160.4.400.825 Newspaper Trucking 3,500 SR 8160.4.400.835 Cardboard Trucking 4,150 SR 9010.8.000.000 ERS Retirement 17,970 SR.9040.8.000.000 Workers Compensation 13,500 TOTAL: $43,870 To: SR 8160.4.100.200 Diesel Fuel $17,000 SR 8160.4.100.573 Maint/Supply Trommel Screen 1,200 SR 8160.4.100.596 Grinder Maint/Supplies 300 SR 8160.4.100.600 Misc. Equp. Maint/Supplies 150 SR 8160.4.100.648 Maint/Supply E450 Bus 500 SR 8160.4.400.651 Contracted Repairs-Volvo Loader 3,420 SR 8160.4.400.655 Contracted Repairs-CAT 966 550 SR 8160.4.400.665 Contracted Repairs-CBI Grinder 1,650 SR 8160.4.400.815 Scrap Tire Removal 1,100 SR 8160.4.400.836 Single Stream Trucking 18,000 TOTAL: $43,870 ✓Vote Record-Resolution RES-2014-859 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Seconder 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-860 CATEGORY. Employment-FIFD DF.P4RTMENT.• Accounting Southold Town Board Meeting Page 10 November 5, 2014 Appoint Matthew Molinski PT Deckhand RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted October 14, 2014 that appointed Matthew Molinski to the position of part time deckhand. ✓Vote Record-Resolution RES-2014-860 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - Robert Ghosio Voter 0 D ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ D ❑ Tax Receiver's Appt William P.Ruland Seconder 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover 0 ❑ ❑ r] ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-861 CATEGORY. Employment-FIFD DEPARTMENT. Accounting Increase Gordon Murphy's Assistant Manager Pay Rate RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted October 14, 2014 that increases Gordon Murphy's Assistant Manager's pay rate effective November 1, 2014. ✓Vote Record-Resolution RES-2014-861 0 Adopted D Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Voter 0 ❑ D ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ D ❑ Tax Receiver's Appt William P.Ruland Mover 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Seconder 0 ❑ ❑ D ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ D ❑ No Action 0 Lost Southold Town Board Meeting Page 11 November 5, 2014 2014-862 CATEGORY• Refund DEPARTMENT. Town Clerk Clean Up Deposit-Matt Presbyterian Church WHEREAS the Mattituck Presbyterian Church has supplied the Town of Southold with a Clean- up Deposit fee in the amount of$250.00 for their Fair 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 Mattituck Presbyterian Church, PO Box 1411, Mattituck,NY 11952. ✓Vote Record-Resolution RES-2014-862 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Seconder Q ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Roland Voter Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-863 CATEGORY.• Employment-Town DEPART LENT.• Accounting Accepts Resignation of Charles Otis RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Charles Otis from the position of Part Time Mini Bus Driver for the Human Resource Center, effective October 24, 2014. ✓Vote Record-Resolution RES-2014-863 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended - Robert Ghosio Mover Q ❑ ❑ ❑ ❑ Defeated ❑ Tabled James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Withdrawn William P.Ruland Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Seconder Q 0 0 0 Southold Town Board Meeting Page 12 November 5, 2014 ❑ Rescinded Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-864 CATEGORY.• Refund DEPARTMENT: Town Clerk Return of Clean-Up Deposit to Cutchogue-New Suffolk Historical Council 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 Car Show 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-2014-864 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 ! D ❑ ❑ ❑ William P.Ruland Seconder D ❑ ❑ ❑ ❑ Tax Receiver's Appt ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-865 C.ATEGOR Y.• Employment- FIFD DEPARTMENT. Accounting Appoint Kathryn Peabody PT Clerk Southold Town Board Meeting Page 13 November 5, 2014 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted October 14, 2014 that appointed Kathryn Peabody to the position of part time Clerk. ✓Vote Record-Resolution RES-2014-865 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 2014-866 CATEGORY. Employment-FIFD DEPARTMENT: Accounting Appoint James Moore 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 October 14, 2014 that appointed James Moore to the position of part time Clerk. ✓Vote Record-Resolution RES-2014-866 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Mover 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-867 Southold Town Board Meeting Page 14 November 5, 2014 CATEGORY.• Employment-Town DEPARTMENT: Accounting Appoint Seasonal Police Officer RESOLVED that the Town Board of the Town of Southold hereby appoints Shawn Williams to the position of Seasonal Police Officer for the Southold Town Police Department, effective immediately, at a rate of$20.81 per hour. ✓Vote Record-Resolution RES-2014-867 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-868 CATEGORY. Employment-Town DEPARTMENT. Accounting Place Seasonal Police Officer on Leave of Absence RESOLVED that the Town Board of the Town of Southold hereby immediately places Seasonal Police Officer Shawn Williams on a leave of absence, pending further action by the Town Board prior to the start of the 2015 summer season. ✓Vote Record-Resolution RES-2014-868 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Meeting Page 15 November 5, 2014 2014-869 CATEGORY. Budget DEPARTMENT: Fishers Island Ferry District FIFD 2015 Budget 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 October 14, 2014, which adopted the Fishers Island Ferry District 2015 budget. ✓Vote Record-Resolution RES-2014-869 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter E1 11 ❑ ❑ Supervisor's Appt James Dinizio Jr Mover D ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Roland Voter R1 ❑ ❑ ❑ Jill Doherty Seconder D ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P.Evans Voter El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ O ❑ No Action ❑ Lost 2014-870 CATEGORY: Public Service DEPARTMENT: Highway Department 2014 Leaf Pick Up RESOLVED by the Town Board of the Town of Southold that the Highway Department Fall Cleanup is limited to BAGGED LEAVES ONLY and will commence on Monday November 17, 2014; be it further RESOLVED that, during our Fall Leaf Cleanup, all leaves should be placed in the unpaved portion of the Town right-of-way (in biodegradable bags) for collection by our crews. Neither BRUSH nor BRANCHES will be removed; be it further RESOLVED that the Town Board has authorized acceptance of residential brush and branches, as well as leaves, at the Southold Town Solid Waste District's Cutchogue compost facility (free of charge), from Saturday, November 1, 2014, through Sunday,November 30, for those residents who wish to personally dispose of their yard debris; and be it further Southold Town Board Meeting Page 16 November 5, 2014 RESOLVED that the Fishers Island Fall Cleanup will also commence on Monday,November 17, 2014. ✓Vote Record-Resolution RES-2014-870 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Seconder 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-871 CATEGORY: Surplus Equipment DEPARTMENT: Highway Department Surplus Equipment-Highway Resolved that the Town Board of the Town of Southold hereby declares the following equipment from the Highway Department to be surplus equipment: Asset# Item Minimum bid 99 1946 International SNO-GO. $ 9,000.00 and be it further Resolved that the Town Clerk is hereby authorized and directed to advertise the same for the sale. ✓Vote Record-Resolution RES-2014-871 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Withdrawn - - ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ William P.Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Meeting Page 17 November 5, 2014 2014-872 CATEGORY. Authorize to Bid DEPARTMENT. Town Clerk 2015 Yearly Town Bids RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the following items for 2015: Household Hazardous Waste Removal Yellow Bags ✓Vote Record-Resolution RES-2014-872 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - ❑ Withdrawn Robert Ghosio Seconder EI ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter B ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter El ❑ ❑ ❑ ❑.Town Clerk's Appt Louisa P.Evans Mover IZI ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-873 CATEGORY.• Authorize to Bid DEPARTMENT. Town Clerk Coir Log Bid WHEREAS there were no bids received for(75) 12' X 12' Coir logs, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise the logs for re-bid, furnishing all laborer, material and equipment required to remove the following material within 10 business days from the bid award at the Town of Southold Highway Yard, 275 Peconic Lane, Peconic, NY 11958, with a minimum bid of$1,500.00: ✓Vote Record-Resolution RES-2014-873 * Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Mover El 0 0 0 Southold Town Board Meeting Page 18 November 5, 2014 ❑ Defeated James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-874 CATEGORY: Contracts, Lease&Agreements DEPARTMENT.• Recreation Hire Winter 2015 Recreation Program Instructors 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 Winter 2015 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 2015 instructor line A7020.4.500.420. Thomas Boucher(Guitar Adults) $30/hour Lenora Dome (Belly Dancing) $30/hour Martha Eagle (Aerobics & Pilates) $30/hour Suzzanne Fokine (Painting classes) $30/hour Susan Forte (Ipad) $30/hour Bill Gatz(Youth Basketball) $30/hour Denise Gillies (Tai Chi) $30/hour Eric Izzo (Youth Basketball) $30/hour Kevin Izzo (Youth Basketball) $30/hour MainStage Dance Academy(Baby Ballerinas & Mommy) $30/class Rosemary Martilotta(Hatha Yoga) $58/class Judy McCleery (Digital Photo Lightroom) $30/hour Lara McNeil (Weight Loss) $30/hour Maribeth Mundell (Singing) $30/hour Linda Nemeth (Watercolor) $30/hour North Fork School for Dogs (Dog Obedience Pre-Therapy) $90/person North Fork School for Dogs (Dog Obedience Puppy STAR) $70/person Kathleen Pasca(cake decorating) $30/hour Dr. Jeffrey Poplarski (Golf Fitness) $55/class R&C Agency Management (CPR Course) $55/person Southold Town Board Meeting Page 19 November 5, 2014 R&C Agency Management (Defensive Driving) $30/person Laurie Short (Aerobics Classes) $30/hour Steve Smith(Weight Training) $30/hour Jocelyn Suglia(Youth Basketball) $30/hour Lisa Tettelbach(Greeting Cards) $30/hour Touch Dance Studios (Ballroom Dancing) $65/person U.S. Coast Guard Auxiliary (Youth Boating) $50/person; $90/couple ✓Vote Record-Resolution RES-2014-874 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Voter 0 O ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Seconder. 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ O O ❑ Supt Hgwys Appt Scott A.Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-875 CATEGORY.• Contracts, Lease&Agreements DEPARTMENT.• Town Attorney Cablevision Lightpath/Property Access Agreement RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Property Access Agreement between the Town of Southold and Cablevision Lightpath, Inc. regarding accessibility to its equipment located at 53095 Main Road, Southold (Town Hall), subject to theapproval of the Town Attorney. ✓Vote Record-Resolution RES-2014-875 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ ❑ ❑ O Tax Receiver's Appt William P.Roland Seconder El ❑ ❑ ❑ ❑ 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 Southold Town Board Meeting Page 20 November 5, 2014 2014-876 CATEGORY: Budget Modification DEPARTMENT: Fishers Island Ferry District 2014 Budget Modification-FIFD Financial Impact: to cover overdrawn line 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 October 14, 2014, which amended the 2014 Fishers Island Ferry District budget. ✓Vote Record-Resolution RES-2014-876 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Mover 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-877 CATEGORY: Budget Modification DEPARTMENT.• Human Resource Center HRC-Partial Allocation of Katinka House Donation Financial Impact: To reallocate Katinka House donation funds to items for Katinka House improvements. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 General Fund Whole Town budget as follows: To: Revenues Gifts and Donations A.2705.50 Adult Day Care Donations $2,700.00 Total: $2,700.00 Southold Town Board Meeting Page 21 November 5, 2014 To: Appropriations Programs for the Aging A.6772.2.500.200 Other Equipment Chairs $1,100.00 Programs for the Aging A.6772.2.500.600 Other Equipment Senior Program Equipment $1,600.00 Total: $2,700.00 ✓Vote Record-Resolution RES-2014-877 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - - Robert Ghosio . Seconder CSI ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Roland Voter El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-878 CATEGORY.- Budget Modification DEPARTMENT: Public Works Increase Norman E. Klipp Bulkhead Budget Financial Impact: Increase Capital Budget for Norman E Klipp bulkhead WHEREAS the Town Board of the Town of Southold appropriated $116,000 for the Klipp Park Bulkhead, and WHEREAS the Town Board has determined that the project requires an additional $250 appropriation, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby increases the General Fund Whole Town 2014 budget as follows: Revenues: A.2025.00 Special Recreation Facility $250 Appropriations: Southold Town Board Meeting Page 22 November 5, 2014 A.9901.9.000.100 Transfer to Capital Fund $250 and be it further RESOLVED that the Town Board of the Town of Southold hereby increases the following Capital Proiect in the 2014 Capital Fund as follows: Capital Project Name: Klipp Park Bulkhead Financing Method: Transfer from the General Fund Whole Town Budget: Revenues: H.5031.29 Interfund Transfers $250 Total $250 Appropriations: H.1620.2.500.400 Buildings & Grounds Capital Outlay Klipp Park Bulkhead $250 Total $250 ✓Vote Record-Resolution RES-2014-878 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ....................... ❑ Withdrawn Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter 0 ❑ ❑ ❑ Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-879 CATEGORY. Advertise DEPARTMENT. Human Resource Center Permission to Advertise for PT Mini Bus Driver at the HRC RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for one week for the position of part time Mini Bus Driver for the Human Resource Center at a rate of $16.93 per hour up to 17.5 hours per week. ✓Vote Record-Resolution RES-2014-879 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter El 0 0 0 Southold Town Board Meeting Page 23 November 5, 2014 ❑ Defeated James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Tabled William R Ruland Voter El ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Seconder El _❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost ............. .......... 2014-880 CATEGORY: Budget Modification DEPARTMENT: Accounting General Fund Whole Town Budget Modification Financial Impact: Provide appropriation for full-time Assessment Clerk hired earlier in 2014 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 General Fund Whole Town budget as follows: From: A.9040.8.000.000 Workers Compensation Insurance $19,000 Total $19,000 To: A.1355.1.100.100 Assessors, FT Regular Earnings $19,000 Total $19,000 ✓Vote Record-Resolution RES-2014-880 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Withdrawn - ❑ 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 10 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Meeting Page 24 November 5, 2014 2014-881 CATEGORY. Budget Modification DEPARTMENT.• Public Works Town Beach Dredge Financial Impact: Town Beach Dredge. Dredging required at Town Beach to maintain integrity of shoreline and parking lot. RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2014 budget as follows: From: A.1620.4.400.300 Building & Grounds $3,590. Dredging Goldsmiths Inlet To: A.1620.2.500.350 Building & Grounds $3,590 Beach Improvements ✓Vote Record-Resolution RES-2014-881 0 Adopted ❑ Adopted as Amended ❑ Defeated _ ...... Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Voter 0 ❑ D ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Mover 0 D ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ D Town Clerk's Appt Louisa P.Evans Seconder El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ D No Action ❑ Lost 2014-882 CATEGORY.• Grants DEPARTMENT: Land Preservation Grant Submission for Whitcom Marsh Preserve RESOLVED that the Town Board of the Town of Southold hereby authorizes Ducks Unlimited, in partnership with the Town of Southold, to submit a request for funding under the North American Wetlands Conservation Act for the Whitcom Wetland Enhancement Proiect. This is a matching grant proposal for which Ducks Unlimited will lead a Southold Town Board Meeting Page 25 November 5, 2014 partnership with the Town of Southold to restore critical freshwater habitat, improve wetland connectivity and enhance wetland functions. The Town's match is the full market value of the Whitcom property donation. The Whitcom property, identified as SCTM# 1000-14.-2-1.4, was donated to the Town in April 2014 by The Nature Conservancy. ✓Vote Record-Resolution RES-2014-882 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Seconder D ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost .......... 2014-884 CATEGORY. Refund DEPARTMENT: Town Clerk Return of Clean-Up Deposit for a Beach Wedding WHEREAS Christopher Storjohann supplied the Town of Southold with a Clean-up Deposit fee in the amount of$250.00 for a Beach Wedding at Sound Road, Greenport and WHEREAS the Southold Town Recreation Director Ken Reeves has informed the Town Clerk's office that this fee may be refunded, now therefore be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of$250.00 to Christopher Storjohann, 520 Carpenter Street, Greenport,New York 11944. ✓Vote Record-Resolution RES-2014-884 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated Robert Ghosio Mover El ❑ ❑ ❑ ❑ Tabled James Dinizio Jr ' Voter D ❑ ❑ ❑ ❑ Withdrawn William P.Ruland Voter D ❑ ❑ ❑ ❑ Supervisor's Appt ❑ Tax Receiver's Appt Jill Doherty : Voter D ❑ ❑ ❑ Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Scott A.Russell Voter D 11 11 ❑ Supt Hgwys Appt 0 No Action Southold Town Board Meeting Page 26 November 5, 2014 ❑ Lost 2014-885 CATEGORY.• Refund DEPARTMENT: Town Clerk Return of Clean Up Deposit- Cutchogue Fire Department WHEREAS the Cutchogue Fire Department has supplied the Town of Southold with a Clean-up Deposit fee in the amount of$250.00 for their annual Halloween Parade 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 the Cutchogue Fire Department, 260 New Suffolk Road, Cutchogue, NY 11935. ✓Vote Record-Resolution RES-2014-885 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Seconder D ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 11 ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-886 CATEGORY: Refund DEPARTMENT: Town Clerk Return of Clean Up Deposit- Oysterponds UFSD WHEREAS the Oysterponds Union Free School District has supplied the Town of Southold with a Clean-up Deposit fee in the amount of$250.00 for their annual Halloween Parade and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's Southold Town Board Meeting Page 27 November 5, 2014 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 the Oysterponds Union Free School, 23405 Main Road, Orient,NY 11957. ✓Vote Record-Resolution RES-2014-886 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 ❑ ❑ ❑ 11 Tax Receiver's Appt William P.Ruland Seconder 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover D ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-887 CATEGORY• Refund DEPARTMENT: Town Clerk Return of Clean Up Deposit-Southold PTA WHEREAS the Southold PTA has supplied the Town of Southold with a Clean-up Deposit fee in the amount of$250.00 for their annual Halloween Parade 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 the Southold PTA, PO Box 470, Southold,NY 11971. ✓Vote Record-Resolution RES-2014-887 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated - Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter D ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A.Russell Voter D ❑ ❑ ❑ ❑ Supt Hgwys Appt 0 No Action Southold Town Board Meeting Page 28 November 5, 2014 ❑ Lost 2014-888 CATEGORY.• Refund DEPARTMENT. Town Clerk Return of Clean Up Deposit-Mattituck Lions WHEREAS the Mattituck Lions Club has supplied the Town of Southold with a Clean-up Deposit fee in the amount of$250.00 for their annual Halloween Parade 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 the Mattituck Lions Club, PO Box 595, Mattituck,NY 11952. ✓Vote Record-Resolution RES-2014-888 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Voter El ❑ ❑ ❑ ❑ Withdrawn - ❑ Supervisor's Appt James Dinizio Jr Voter 11 ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-889 CATEGORY.• Contracts, Lease&Agreements DEPARTMENT. Town Attorney STOP-DWI Agreement W/Suffolk County for 2014-15 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement with the County of Suffolk for the STOP- DWI Program in an amount not to exceed $26,672.00 for the term October 1, 2014 through September 30, 2015, subject to the approval of the Town Attorney. Southold Town Board Meeting Page 29 November 5, 2014 ✓Vote Record-Resolution RES-2014-889 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Mover El ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-890 CATEGORY: Contracts,Lease&Agreements DEPARTMENT: Town Attorney Agreement W/Weston &Sampton -H Pump Station Maintenance RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Preventative Maintenance Agreement between Weston& Sampson CMR, Inc. and the Town of Southold for the maintenance of the Fishers Island Pump Station for a total of two visits at a total contract price of$2,174.00 for 2015, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2014-890 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Mover El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Seconder El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-891 CATEGORY.• Budget Modification Southold Town Board Meeting Page 30 November 5, 2014 DEPARTMENT: Accounting Budget Modification for Scanner Financial Impact: For Stacey's scanner RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 General Fund Whole Town budget as follows: From A.1460.1.200.100 Records Management PT Regular Earnings $5,510 To: A.1460.2.400.300 Records Management Scanner $5,510 ✓Vote Record Resolution RES-2014-891 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled V Robert Ghosio oter 0 ❑ Withdrawn ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder, 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost VI. Public Hearings Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 7:00 PM in order to continue the public hearing on the 2015 Preliminary Town Budget and Capital Budget. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell PH for 2015 Budget COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN that the Preliminary Budget and Southold Town Board Meeting Page 31 November 5, 2014 Preliminary Capital Budget of the Town of Southold, Suffolk County,New York for the fiscal year beginning on January 1, 2015 has been prepared and approved by the Southold Town Board and filed in the Office of the Town Clerk at the Southold Town Hall, 53095 Main Road, Southold,New York, where they are available for inspection and where copies may be obtained by any interested person during business hours. The Preliminary budget will be available for viewing on the Southold Town official website: www.southoldtownny.gov FURTHER NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Southold will meet and review said Preliminary Budget and Preliminary Capital Budget and hold a public hearing thereon at the Southold Town Hall, 53095 Main Road, Southold, New York, in said Town at 4:00 p.m. and at 7:00 p.m., on Wednesday, November 5, 2014, and at such hearing any persons may be heard in favor of or against the 2015 Preliminary Budget and 2015 Preliminary Capital Budget as compiled, or for or against any item or items therein contained. FURTHER NOTICE IS HEREBY GIVEN that pursuant to Section 108 of the Town Law,the following are proposed yearly salaries of members of the Town Board, the Town Clerk and the Superintendent of Highways: SCHEDULE OF SALARIES OF ELECTED OFFICIALS (ARTICLE 8 OF TOWN LAW) Officer Supervisor $ 102,370 Members of the Town Board (4) @ $ 33,716 Town Justice and Member of the Town Board, $ 51,415 Fishers Island Town Justices (2) @ $ 68,969 Town Clerk $ 98,639 Superintendent of Highways $ 102,370 Tax Receiver $ 38,486 Assessors (3) @ $ 73,728 Trustees (5) @ $ 18,619 SUMMARY OF TOWN BUDGET 2015 PRELIMINARY Appropriations Less: Less: and Provisions Estimated Unexpended Amount to be Code Fund for Other Uses Revenues Balance Raised by Tax A General $ 30,281,748 $ 3,897,635 $ 2,800,000 $ 23,584,113 B General-Outside 2,302,329 1,337,870 570,000 394,459 Southold Town Board Meeting Page 32 November 5, 2014 Village DB Highway Fund 5,775,509 449,319 460,000 4,866,190 CD Community 74,310 74,310 - - Development CS Risk Retention 542,000 542,000 - - Fund H3 Community 9,889,950 5,463,000 4,426,950 - Preservation Fund MS Employees Health 4,398,940 4,009,940 389,000 - Plan Total-Town $ 53,264,786 $ 15,774,074 $ 8,645,950 $ 28,844,762 DB1 Orient Road $ 3,340 $ - $ 640 $ 2,700 Improvement Dist SF East-West Fire 772,136 500 6,800 764,836 Protection District SM Fishers Island 4,485,461 3,260,488 436,870 788,103 Ferry District SR Solid Waste 4,604,368 2,329,500 50,000 2,224,868 Management Dist SS1 Southold 111,825 - 3,750 108,075 Wastewater Dist SS2 Fishers Island 33,750 33,750 - - Sewer Dist F.1.Waste 610,540 51,897 - 558,643 Management Dist Orient Mosquito 86,700 - - 86,700 Dist Subtotal- $ 10,708,120 $ 5,676,135 $ 498,060 $ 4,533,925 Special Districts Orient-East $ 55,000 $ 15,000 $ - $ 40,000 Marion Park Dist Southold Park Dist 327,726 - - 327,726 Cutchogue-New 140,000 - - 140,000 Suffolk Park Dist. Mattituck Pk Dist 527,917 34,435 80,930 412,552 Subtotal-Park Districts $ 1,050,643 $ 49,435 $ 80,930 $ 920,278 Fishers Island FD $ 395,200 $ 25 $ - $ 395,175 Orient FD 669,295 51,250 - 618,045 East Marion FD 610,745 86,100 15,000 509,645 Southold FD 1,885,031 23,486 - 1,861,545 Cutchogue FD 1,350,633 1,000 - 1,349,633 Mattituck FD 1,890,426 - - 1,890,426 Southold Town Board Meeting Page 33 November 5, 2014 Subtotal-Fire Districts $ 6,801,330 I $ 161,861 I $ 15,000 I $ 6,624,469 Total-All Districts $ 18,560,093 $ 5,887,431 $ 593,990 $ 12,078,672 Grand Totals This Page 71,824,879.12 21,661,505.00 9,239,940.00 T 40,923,434.12 This hearing was advertised in the Suffolk Times, I have a notarized affidavit to that effect and the same for it being posted on the Town Clerk's bulletin board. That is all. SUPERVISOR RUSSELL: I would ask anyone that would like to comment on the proposed budget to please feel free now. Go ahead, Ray. RAY HUNTINGTON: Good afternoon everyone. Nice afternoon, rain tomorrow. First let me say that I am sorry that I missed the budget meeting last week because I think that's an excellent format, excellent idea and I do hope you will continue it every year, probably you will. That is what you have been doing and I wish I was there. The formal hearing is a little bit more stiff, if you will. I will try to make it a little less so. First, the preliminary budget really looks like a good, tight job. Very reflective of our economy, so as I say, a good job and I thank you for it. I do bring two concerns to you this afternoon. Speaking for the Fleets Neck Property owners association, we need to restore what is called the brush and leaf pickup in the fall. That is tree limbs, branches, things like that. Not only in Fleets Neck but in other residential neighborhoods as well. This is, there are very few places where these things can be taken to, if you live in a more rural setting there's ways to do it but in Fleets Neck there's not many places you can put things. We realize that this can be privately hired to be done but believe it or not, maybe this is one of the things that government can really do better. On one occasion last year and the year before, it cost me $30 to have some material taken to the dump that I couldn't take care of in my car. On another occasion it was $40. It got done but it was those prices. If we take the budgeted figure of$186,000. For the two pickups we have now for the fall leaves and the spring limbs, and divide that by 18,000 tax bills, it comes out to a little bit less than $11 per pickup. So clearly it's, doing it on a town wide basis is a good deal less than the single individual contracts that people might make. We want to hold the line on taxes and I guess we have preached that enough, but we also want efficiency. Efficiency in government is what gives confidence. And there is an economic case here for doing this in the fall by the town. We would like to have that second pickup restored in the budget. It probably, I don't want to estimate it but it isn't a heck of a lot of money. Now I know every dime counts and that is how you built the budget. But still, this is a case where it makes economic sense for government to do it. SUPERVISOR RUSSELL: Can I just ask, Ray, the $186,000, where did you get that figure from? MR. HUNTINGTON: Well, I could look it up but right out of the preliminary budget. SUPERVISOR RUSSELL: That would be for what? Southold Town Board Meeting Page 34 November 5, 2014 MR. HUNTINGTON: Well, the account is called Brush and Leaf Pickup. Well, maybe not pickup, Brush and Leaf it is called. UNIDENTIFIED: Inaudible. MR. HUNTINGTON: Oh. SUPERVISOR RUSSELL: The only cost that you will probably see in a budget with regard to the leaf pickup or a brush pickup is that the highway superintendent and his men bring it to the transfer station and it gets charged back to the highway department for those fees, you know, the regular tipping fees. The regular tipping fees like anyone else would pay. The highway department pays the transfer station for those fees. Because it is a separate budget and has to be operated separately. Just understand, there are other considerations that are larger than the actual costs each year. We've scaled our workforce based on certain things we are not doing anymore. We have been able to see attrition in the highway department back when times were really lean. There's a tremendous amount of work hours involved in those pickups and the Town Board, I know, has talked about restoring it and the question is whether we have the manpower to replace that when it takes place at the same time we have men and women out there putting up snow fencing and all the other things that need to be done to get ready for the winter season. It is a manpower issue. It would, I would not be able to envision a scenario where we could start adding those services back without taking a look at the workforce and possibly expanding it, which as you know is a substantial cost. MR. HUNTINGTON: Well, I read that and I said, gee, it is not costing very much. But is there an entry someplace in the budget that would cover those pickups? Or is it.... SUPERVISOR RUSSELL: No, the only thing you would see specific in the budget would be again,the cost of the tipping fees that have to be paid to the solid waste district. They're part and parcel to the entirety of the highway department budget so nothing is broken out specifically for the,just the cost of the pickup, either the leaves or the brush. MR. HUNTINGTON: Okay. I will close on this issue by saying we would still like that brush pickup because it is very important to residential areas. SUPERVISOR RUSSELL: Sure. MR. HUNTINGTON: I recognize that other parts of the town don't have the same problem but we do, so we make that request. SUPERVISOR RUSSELL: Sure. MR. HUNTINGTON: My second concern is for our marine waters. The town trustees and the town engineer are doing an excellent job of making sense of the morass created by the faraway governments attempts to regulate water quality. Locally, the trustees and volunteers working with them have often gone above and beyond any reasonable expectations. I am talking about Southold Town Board Meeting Page 35 November 5, 2014 coming in in a rain storm on a Sunday to do certain things, to take samples and that kind of thing and there's a lot more than that. But we still have a dearth of measured data with which to guide decisions with respect to water quality. By measured data I mean water samples, analysis, the key to this whole, to the logic of the whole situation is to have those data. If we don't have it, it invites environmental extremism, what I called environmental extremism where people just support things because it sounds like a good idea but there is no data to back it up and no information to guide oneself by. It creates the use of, let's call them spurious assumptions. It creates regulations for regulations sake. It doesn't create it but it certainly fosters it and there are misguided fears, flawed computer models and flawed regulatory practices. In other words, it's a mess. At best, anything that comes out of this right now is a shot in the dark. It just doesn't give enough information for a logical assessment of the problem and its solution. The situation at the state and county level is flawed to say the least as well. In fact, maybe more so or definitely more so I should say. In no way am I suggesting that we do their job. Their budgetary and staffing situation is, shall I say, very ungood. But sympathy doesn't cut the mustard here. Some steps have to be taken locally to explain to the emperor that he has no clothes. We are still working it the dark and if we don't get some illumination, the ultimate victims of this lack of performance is us. Either in our tax bill or in our environment. Last year you increased the budget in this area. This year it's held constant or close to that. Now that's a good move, as far as it goes. I wish I could feel that it's adequate though. And so I read the budget, you know it's difficult, just as I stumbled earlier with respect to the pickups. Difficult to get all the nuances and the breakdown but nonetheless, you still have a feeling, I still have a feeling that we are not stepping up enough and the budget is the place to do it. Not the only place but it is an essential place. We can't send our troops into battle without the necessary resources. Beyond the ethical aspects of that, it is pennywise and pound foolish. We need to properly support this. I know you have determined that funding this was the right thing to do, we know that too but we want to make sure that the funding is adequate and that it stays adequate. We are talking about the preliminary budget here. We still have to have a budget. And we still have to survive interfund transfers. This is an area, you know, if I may say, make so bold is that politicians, the first thing they cut is the information systems and maintenance because it doesn't show immediately. You can get by a year but a year turns into two years, three years and so on. And these areas are underserved. What I want to say today is simply don't let that happen. It's too important to us. Thank you for your attention. SUPERVISOR RUSSELL: Sure Ray. Thank you. Would anyone else like to address the Town Board with regard to the proposed budget? (No response) Continuation of Budget Hearings November 5, 2014 7:00 PM SUPERVISOR RUSSELL: I would invite anybody that would like to comment on the proposed budget to please feel free? (No response) RESOLVED the Public Hearing on the 2015 Preliminary Town Budget and Capital Budget be and hereby is declared Closed at 7:01 PM Southold Town Board Meeting Page 36 November 5, 2014 RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Closing Comments Supervisor Russell SUPERVISOR RUSSELL: That concludes the agenda. I would invite anybody that would like to address the Town Board on any issue to please feel free. If you come up to the microphone, we just need your name and the hamlet you are from. Zarko Svatovic ZARKO SVATOVIC: My name is Zarko Svatovic, I am a Cutchogue resident now for about 16 years. I live at 12355 New Suffolk Avenue. And (inaudible) so we would understand what we are talking about. Some of you have received that but just in case. Okay, ladies and gentlemen, I would like to talk to you, this in front of you is a tax map right of way that was formed by Wickham Case, it is a tax map from Cutchogue library. My wife is a librarian so she did some research on families of Cutchogue and she found that among the documents. It doesn't mean that this, it is just, I brought it up because it is interesting historically. There are many documents and everywhere where this right of way is documented. What I want to talk to you about today, believe it or not, but miracle. Okay? What happened is that all of a sudden from nowhere this right of way was there for 100 years and I have enjoyed for 15 years myself and overnight it disappeared. Okay? so I mean, I have nothing against magic and miracles, I mean I am willing to give a few bucks for a trick or two from a circus or a fair but when it happens to my house and the trick costs me $100,000 then I am not sure I would be willing to pay for such a trick. So damage is actually even bigger than that. To me, loss in value in my property as I look into it is about $100,000. But there are about 22 deed holders, like me, who their right of way disappeared, so the total damage actually and I believe the county would be responsible for that, it's about $2,000,000. It is because to us, this right of way is far more worth it than $500,000 which is estimated value of this disappeared right of way. But by all means, this is not the only miracle that occurred in Southold lately. The other miracle that occurred also was actually of cosmic proportions. Actually Einstein kind of stuff. I heard that Einstein was sailing around in these waters sometime before and if he saw that new science, he would probably think that it would be as good as his sailing skills. Where at the time I heard that the town had to rescue him from his adventures in sailing. So, this new science that were introduced by imagine town attorneys and the building department says that if you take a property and divide it in half and then you put it together, it is 50% bigger than the property that you actually started with. So if this held true, we could all get very rich with occurring and you don't need to do anything, you just need to fill out the proper paperwork, okay? So if this held true we could all get very rich very fast but I cannot spend my time and I can't afford to spend my time trying to get rich, I have to figure out where my $100,000 loss in my property value went. So, I went to beating the doors of different departments in our Southold, trying to find out who is responsible for loss of value of my property. I went also to Riverhead to tax map division, I went to Trustees, I went to Assessors, I went to everywhere and basically, everywhere the answer was pretty much the same, we are not guilty. The best thing was when I heard the building department, it is Southold Town Board Meeting Page 37 November 5, 2014 computers fault. But anyway, the bottom line is, I could not find out anybody responsible for this disappearance of right of way and the value of my property. So I went to Scott Russell who was kind enough to give me some of his time and I presented the case of the new science to him hoping to get some help, he was trying to be helpful and I thank you for your time but there was no, any kind of resolution and actually what came about is because I was questioning the town attorney's decision because across the board, whichever department I came in, it appeared to be the town attorneys were blessing the deal. Whatever. If I asked, this permit doesn't make any sense, can you rescind it? Like they got some permits for building some kind of, we called it gerbil path because it is like for (inaudible) it's not for humans and it was impossible to walk over it. And it was impossible to walk over. So they got a permit to build that. so I was trying to rescind this permit but the answer from the Trustees, whoever issued that permit I don't remember which department, we can't do that because even though it was known as a quit claim deed and the property cannot belong, this permit is not legitimate, still they say we can't rescind it because the property is under litigation. Okay, so I said who said so? The town attorneys. I contacted the town attorney who was saying, ask, so I dealt with town attorneys, basically the answer also everywhere was, if you don't like it, get yourself attorney. We don't want to talk to you really. Go get yourself attorney. So gentlemen, ladies and gentlemen, do you know how much attorneys charge now an hour? It is about 400 bucks an hour. So that means if I wanted to talk to building department and find out why department was issued and stuff, I would have to spend estimate about $1,200 just to talk to them, so this is something very, very wrong about this whole situation, okay? so I believe, talking to Scott Russell, he, because I was alluding to attorneys, town attorneys, he told me if I have a problem with it and I believe the attorneys are corrupt, then I should talk to the DA and at the first moment I thought it was good advice, actually I could not expect for Scott to spend his valuable on little things like every property, I was actually thankful to him for actually spending any time with me, to tell you the truth. But, on second thought, I saw this is not right and it is not right because of this. Because in this town, it is pretty much across all departments, it seems lawyers are treated as a law. Lawyers are not law, lawyers are only advisors. Meaning in every department, including the board, is responsible to get correct and honest advice from a lawyer and this is not excuse that lawyers give you bad advice to do anything else. Otherwise, if I wanted to commit a crime, I would just find another lawyer who would tell me everything is okay and I am scot free. So basically, the point is, that lawyers work for you and not other way around. So if you are not getting correct advice, you are actually obligated to fire them and find other lawyers who are going to give you good advice you can trust. SUPERVISOR RUSSELL: Rather than just going around all day disparaging people who work in town hall, let me just explain, you have a couple of different issues. Number one is if you disagreed with a decision of a body of town government, you have relief you can seek through an article 78. If it is an issue with regard to dispute of ownership in terms of a right-of-way, first as a matter of law, rights-of-way don't just disappear but either that, if it is a private, civil dispute, there is another venue for court. The third issue, which I told you about, if you think we are corrupt and there is a conspiracy to somehow take this right of way away from you, there is a public integrity unit at the district attorney's office. Those are all options and avenues that you would need to evaluate whether you would want to pursue them or not. But the decisions have been made. Southold Town Board Meeting Page 38 November 5, 2014 MR. ZVATOVIC: Right now I was really addressing more issues, general issues of governing of this township and I was pointing several problems that I encountered in general terms. So I am addressing you as to the people that we elected to defend democracy and law and order and to govern our township, that's why I am addressing you. I am addressing, I will address at the end my specific issues but as of now, until now this very moment, I am just addressing that general aspect of governing of this county. With serious problem that I have with the town attorneys who (inaudible) to go and look for help, well, I don't trust them. And I have my experiences extremely bad and I think they are actually responsible for whatever is happening to me in my specific case, so that would not be a solution. Beside that, the answer to go to court, that is a last resort, you should not, I should not be forced to go to court to defend my property and my rights. That's, that's why we have you, to basically govern this county correctly, so we almost never have to go to court to defend our something that we own or something that is right. So that is what I am talking about and as far as, also I had submitted to you originally, first miracle, which was about splitting the property that increased miraculously 50% and I have submitted you now second miracle which is disappearance of right of way now finally which was accomplished by issuing of that permit. Which wipes out existence of that 100 years old thing. In either case, I have got no response. I got no response from town attorneys, I wrote them many letters. I wrote almost everybody, zero response. In the meantime, I am seeing town attorneys are giving actual advice to of her parties, free advice on my expense, to how to beat the system and how to get the permits by beating the system. All of this stuff is in this document which I submitted to you which I am afraid you are not going to even read or respond to me. That is why I came to talk to you, from my first experience, there was no response. So I am asking you, pleading with you to read this document actually and respond to me in some fashion or form so I know... COUNCILWOMAN DOHERTY: Sir, can I ask you a question? MR. ZVATOVIC: Yes. COUNCILWOMAN DOHERTY: You did give this to us and I read it and I just don't understand why you keep saying the right of way disappeared? How did it disappear? Do you have it in your deed? MR. ZVATOVIC: Well, if you look at the permit that the town issued and permit that is right there, you will see that there is a survey that shows no right of way and the permit is issued to the entire property and the building started yesterday or two days ago I think, on this property and the building permit includes right of way and building on that right of way. Which doesn't exist as far as..... Town Attorney Martin Finnegan TOWN ATTORNEY FINNEGAN: Sir, I am Martin Finnegan, the Town Attorney, who you think is incompetent and corrupt. I think we just need to set the record straight here once and for all. First of all, there was no permit issued as to the area that is the right of way by the town, okay? The documentation you have may not be correct but it was not, okay? Second of all, you have a right of way. If you have a deeded right of way, there is nothing that any person in town government can do to extinguish your right of way. A building permit was issued for one Southold Town Board Meeting Page 39 November 5, 2014 portion of the Freed's property as of right for them to do construction of a home. Okay? Let me finish, sir. I understand that you disagree with that determination. As the Supervisor said to you, you have a remedy. You have several remedies available to you. None of them are here in this forum. The town board has no jurisdiction over property rights. They cannot declare your rights to a right of way exist or don't exist, okay? If you want to challenge something that is done, sue the town in Supreme court and tell them you think we are wrong and we will defend that. If you believe that somebody else challenges your rights, you can go to Supreme court and have those rights vindicated. I think Councilwoman Doherty is correct. You have a right of way sir, it is there. No issuance of a building permit extinguished your right of way. I don't really understand what your claim is. MR. ZVATOVIC: Inaudible. TOWN ATTORNEY FINNEGAN: This is not the format, excuse me, excuse me. I am not going to have the town board sit here and listen to an argument that they can't adjudicate or dispose of. MR. ZVATOVIC: Well, why can't I speak to my board that I elected or I can't speak to my board that I have elected. First of all, you are not repeating what I said. I never asked this board to determine whether I have a right of way or don't have a right of way or anything of the sort, I was challenging the permit that this building department issued which is under management and control of this board. TOWN ATTORNEY FINNEGAN: This board cannot set aside a building permit. Supervisor Russell SUPERVISOR RUSSELL: You know I have talked to you. You say people haven't gotten back to you, I have gotten back to you. You just don't like the answers I am giving you but those are the answers. You have legal remedies. There is nothing we can do for you tonight. We have listened to you, we will read what you have submitted to us but then I think we need to bring the discussion to a close. You have just presented something to us, I assure you on behalf of this. entire town board, we will read everything you have submitted. Okay? Zarko Svatovic MR. ZVATOVIC: Can I count on you responding in some fashion or form? COUNCILWOMAN DOHERTY: I don't understand what you are saying because to me, it is clear you still have a right of way, so I don't understand what you are claiming has been taken away from you. MR. ZVATOVIC: As far as I was informed by the building department, the building can issue permits only on one lot. There is only one, there is no two lots,there is no 12.1 SUPERVISOR RUSSELL: But there is layers of ownership here. COUNCILWOMAN DOHERTY: But you still have the right of way. Southold Town Board Meeting Page 40 November 5, 2014 SUPERVISOR RUSSELL: And a right of way is a layer of ownership on top of another parcel. But we shouldn't have this discussion tonight as to what you know, bundles of rights with ownership. We have listened to you, we will read what you submitted to us and I think we should bring this discussion to a close. Please. MR. ZVATOVIC: Fair enough. Thank you very much for your time. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any issue? Robert Dunn ROBERT DUNN: In several meetings passed I spoke to you about having a meeting or discussion about the dredging. We are getting to that season where people start pulling the chains about dredging and I sure would like to have that discussion. This weekend in the weather we had, the (inaudible) that comes sort of gave us a lot of protection and before we go willy nilly ripping it out again, I sure would like to have a discussion on that. SUPERVISOR RUSSELL: Point well taken. We will make sure we get something up and running in the next week or two, if you guys will be around? MR. DUNN: Yes. Thank you. Supevisor Russell SUPERVISOR RUSSELL: Anybody else? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 7:47P.M. L. G. rja4b'eth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell