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Home My WebLink AboutTB-10/06/2015 } ELIZABETH A.NEVILLE '''gUfFD( Town Hall 53095 Main Road TOWN CLERK r�o� o�s; PO Box-1179 cia Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER =401,* �ao� ' Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING October 6, 2015 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, October 6, 2015 at the Meeting Hall, Southold,NY. Call to Order 7:30 PM Meeting called to order on October 6, 2015 at Meeting Hall, 53095 Route 25, Southold, NY. - Attendee Name Organization Title Status Arrived F Departed Robert Gh_osio Town of Southold ° Councilman Excused ' 7:15 PM JamesDinizio Jr Town of Southold Councilman Present William P. Ruland Town of Southold ' Councilman Absent Jill Doherty Town of Southold Councilwoman Present Louisa P. Evans Town of Southold = Justice Excused ' 1 12:02 PM Scott A. Russell . Town of Southold Supervisor Present Elizabeth A.Neville Town of Southold Town Clerk : Present 1 William M Duffy Town of Southold Town Attorney Present i I. Reports 1. Programs for the Disabled Monthly Report II. Public Notices 1. NYS Liquor License-New III. Communications ' - IV. Discussion 1. 9:00 Am - Supervisor Russell 2. 9:15 Am - POSTPONED - Councilman Ruland, Michael Collins Southold Town Board Meeting page 2 October 6, 2015 3. 9:30 Am-POSTPONED - Councilman Ruland 4. 9:15 Am -POSTPONED - Michael Collins, Jamie Richter 5. 9:30 Am -Jim McMahon,John Sepenoski 6. 9:45 Am -Jim McMahon, Jeff Standish,John Sepenoski 7. 10:00 Am -Jim Bunchuck 8. -Announcement-Helicopter Noise Steering Committee Informational Meeting 9. Update on East End Arts 10. Pike Street Parking Lot Lease Agreement 11. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 10:33 AM for the purpose of discussing the following matters: Proposed Property Acquisition (s), Publicity Of Which Would Substantially Affect The Value Thereof. 11:30 AM Appointment Melissa Spiro Land Preservation Labor: Matters Involving Employment of Particular Person(s): Part-Time Code Enforcement Officer; Update On PBA Negotiations RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: James Dinizio Jr, Jill Doherty, Louisa P. Evans, Scott A. Russell ABSENT: Robert Ghosio, William P. Ruland 12. EXECUTIVE SESSION- Proposed Property Acquisition(S), Publicity of Which Would Substantially Affect the Value Thereof 13. EXECUTIVE SESSION -Labor-Matters Involving Employment of Particular Person(S) 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 12:02PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: James Dinizio Jr, Jill Doherty, Louisa P. Evans, Scott A. Russell ABSENT: Robert Ghosio, William P. Ruland Southold Town Board Meeting page 3 October 6, 2015 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 12:02 PM until the Regular 7:30PM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:James Dinizio Jr, Councilman AYES: James Dinizio Jr, Jill Doherty, Louisa P. Evans, Scott A. Russell ABSENT: Robert Ghosio, William P. Ruland 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:Jill Doherty, Councilwoman AYES: Robert Ghosio, James Dinizio Jr, Jill Doherty, Scott A. Russell ABSENT: William P. Ruland, Louisa P. Evans Pledge to the Flag - Opening Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance to the Flag. Thank you. On behalf of Councilman Ruland, I want to extend his regrets for not being able to attend tonight, he had a death in the family. Would anyone like to comment on any of the resolutions on the agenda tonight? (No response) V. Resolutions 2015-828 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated October 6, 2015. ✓Vote Record-Resolution RES-2015-828 11 Adopted - - Yes/Aye No/Nay Abstain" Absent ❑ Adopted as Amended ❑ Defeated Robert Ghosio Seconder El 0 0 ❑ 0 Tabled James Dmizio Jr Voter p 0 - 0 ❑ Southold Town Board Meeting page 4 October 6, 2015 ❑ Withdrawn William P.Ruland Voter ❑ ❑ ❑ ll ❑ Supervisor's Appt Jill Doherty Mover EI 0 ❑ 0 ❑ Tax Receiver's Appt Louisa P.Evans Voter ❑ 0 ❑ 0 ❑ Rescinded Scott A Russell Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-829 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, October 20, 2015 at the Southold Town Hall, Southold, New York at 4:30 P. M. ✓Vote Record-Resolution RES-2015-829 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled o Withdrawn Robert Ghosio ; Seconder 2! 0 0 ❑ ❑ Supervisor's Appt James Dinizio Jr Voter . El 0 ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Voter 0 I 0 0 Lel ❑ Rescinded Jill Doherty Mover El 0 0 0 ❑ Town Clerk's Appt Louisa P.Evans Voter 0 0 0 El ❑_Supt Hgwys Appt Scott A Russell Voter El 0 0 ❑ ❑ No Action ❑ Lost 2015-830 CATEGORY: Budget Modification DEPARTMENT: Police Dept Police Department-Budget Modification Financial Impact: Reallocation of funds for repairs to marine vehicles and vessels RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 Whole Town General Fund budget as follows: Southold Town Board Meeting page 5 October 6, 2015 From: A.3130.2.300.100 Bay Constable/Automobiles/Light Trucks $821 A.3130.2.400.150 Bay Constable/Equipment/Light Bars $1,201 Total $2,022 To: A.3130.4.400.650 Bay Constable/Vehicle Maint./&Repairs $2,022 Total $2,022 I Vote Record-Resolution RES-2015-830 ❑ Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled — - ❑ Withdrawn Robert Ghosio Voter El 0 ❑ - 0 ❑ Supervisor's Appt James Dinizio Jr Mover El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland , Voter ❑ ❑ ❑ El ❑ Rescinded Jill Doherty Seconder El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans , Voter ❑ ❑ ❑ El ❑ Supt Hgwys Appt Scott A.Russell Voter El 0 0 ❑ ❑ No Action ❑ Lost 2015-831 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Katinka House Improvements Financial Impact: Appropriate donated funds and Town funds for Katinka House Entry and Enclosure Project RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 General Fund Whole Town budget as follows: Increase Revenues: A.2705.50 Adult Day Care Donations $4,583 Decrease Appropriations: A.1990.4.100.100 Unallocated Contingencies 10,417 Total $15,000 Increase Appropriations: A.1620.2.500.980 Katinka House Improvements $15,000 Southold Town Board Meeting page 6 October 6, 2015 Total $15,000 I Vote Record-Resolution RES-2015-831 El Adopted ❑ Adopted as Amended ❑ Defeated -"" - - - -- - Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dmizio Jr Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Roland Voter 0 0 T 0 El ❑ Rescinded Jill Doherty Mover ' El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ El ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ 0 ❑ ❑ No Action 0 Lost 2015-832 CATEGORY: Employment-Town DEPARTMENT: Accounting Contract with Mass Mutual for Deferred Comp WHEREAS,the Town of Southold did establish a Deferred Compensation Plan for employees pursuant to Section 5 of the New York State Finance Law, and WHEREAS,the Deferred Compensation Committee did accept and review proposals for the administration of the Deferred Compensation Plan for a five-year contract period as stipulated in Section 9003 of Subtitle II, Title 9 NYCRR, and WHEREAS, the Deferred Compensation Committee does recommend the award of such contract to MassMutual as Administrative Services Agency and Financial Organization pursuant to section 9003 of Subtitle II,Title 9 NYCRR, and WHEREAS, the Deferred Compensation Committee does recommend that Reliance Trust Company act as trustee, NOW, THEREFORE, BE IT Southold Town Board Meeting page 7 October 6, 2015 RESOLVED that the Supervisor Scott Russell, Chairman of the Town of Southold Deferred Compensation Plan, is hereby authorized and directed to execute all necessary documents to contract with MassMutual and Reliance Trust Company for administrative, financial, and trustee services for the Town of Southold Deferred Compensation Plan for the period November 1, 2015 or as soon thereafter as possible through October 31,2020. ✓Vote Record-Resolution RES-2015-832 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent O Tabled • Withdrawn Robert Ghosio Mover El 0 ❑ 0 ❑ Supervisor's Appt James Dinizio0 Jr Seconder ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Voter . 0 ❑ ❑ 0 ❑ Rescmded Jill Doherty Voter 0 0 ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter D ❑ _ ❑ ❑ ❑ No Action ❑ Lost 2015-833 CATEGORY: Public Service DEPARTMENT: Town Clerk Appoint Temporary Marriage Officer 'RESOLVED the Town Board of the Town of Southold hereby appoints Robert I. Scott, Jr. as a Temporary Marriage Officer for the Town of Southold, on Sunday, October 11, 2015 only,to serve at no compensation. ✓Vote Record-Resolution RES-2015-833 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent O Tabled Robert Ghosio Voter Q 0 ❑ ❑ ❑ Withdrawn . . ❑ Supervisor's Appt James Dinizio Jr Mover D ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Voter 0 ❑ ❑ 0 ❑ Rescinded Jill Doherty Seconder, Ll ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ 21 ❑ Supt Hgwys Appt Scott A Russell Voter ; Cl ❑ ❑ ❑ ❑ No Action O Lost Southold Town Board Meeting page 8 October 6, 2015 2015-834 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Mattituck Halloween Parade Financial Impact: cost analysis$122.34 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Mattituck Lions Club to use the following roads for its Annual Halloween Parade in Mattituck, on Saturday, October 31, 2015 beginning at 5:30 PM: beginning at the Firehouse, west on Pike Street, South on Westphalia Road, east on Old Sound Avenue, north on Love Lane, east on Pike Street to Mattituck High School,provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. Support is for this year only. All Town fees for this event, with the exception of the Clean-up Deposit, are waived. ✓Vote Record-Resolution RES-2015-834 ll Adopted ❑ A- dopted as Amended _❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ S- upervisor's Appt James Dinizio Jr Voter ll ❑ 0 0 El Tax Receiver's Appt William P Ruland Voter 0 ❑ ❑ D ❑ Rescinded Jill Doherty Mover ll ❑ ❑ ❑ 0 Town Clerk's Appt Louisa P.Evans Voter 0 0 ❑ El ❑ Supt Hgwys Appt Scott A.Russell Voter Cl ❑ ❑ ❑ O No Action ❑ Lost 2015-835 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Turkey Trot Financial Impact: Police Department cost for event = $447.58 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Mattituck-Cutchogue Teachers' Association to use the following route for its 2015 Turkey Trot in Mattituck, on Thursday,November 26, 2015: beginning at Mattituck High School,head west to Pike Street, cross Route 25 to Reeve Avenue; head south, left on to New Suffolk Southold Town Board Meeting page 9 October 6, 2015 Avenue; proceed east, right onto Marratooka Road to end, head north on Marratooka; cross New Suffolk Avenue onto Marratooka Lane, left on Route 25; head west, right onto Wickham Avenue,proceed north, right onto Pike Street, finish at the school; provided they follow all the conditions in the Town's Policy for Special Events on Town Properties. Support is for this year only. The fees have been waived for this event with the exception of the clean up deposit. ✓Vote Record-Resolution RES-2015-835 ll Adopted ❑ Adopted as Amended ❑ Defeated _ _. _- _ _.___.__-. _ . _-- -- -. Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Mover ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Seconder El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Voter ❑ 0 ❑ 0 ❑ Rescinded Jill Doherty Voter ll 0 0 0 ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ ll ❑ Supt Hgwys Appt Scott A Russell , Voter ll 0 0 0 ❑ No Action ❑ Lost 2015-836 CATEGORY: Budget Modification DEPARTMENT: Police Dept Police Department-Budget Modification Financial Impact: Reallocation of funds for purchase of new LiveScan Unit RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 General Fund Whole Town budget as follows: From: A.3120.2.500.575 Police/Equip./Noise Meters $697 A.3120.2.500.625 Police/Equip./Tasers $1,137 Total $1,834 To: A.3120.2.500.425 Police/Equip./LiveScan Unit $1,834 Southold Town Board Meeting page 10 October 6, 2015 Total $1,834 ✓Vote Record-Resolution RES-2015-836 El Adopted ❑ Adopted as Amended ❑ Defeated ; Yes/Aye No/Nay Abstain Absent O Tabled Robert Ghosio Voter El 0 0 ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Mover ' El 0 ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Voter ❑ ❑ ❑ El Rescinded Jill Doherty Seconder, El 0 0 0 0 Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ lJ ❑ Supt Hgwys Appt Scott A Russell Voter 11 0 0 0 ❑ No Action ❑ Lost 2015-837 CATEGORY: Recommendations DEPARTMENT: Town Clerk Waive the 30 Day Notification of the Application for a Liquor License RESOLVED the Town Board of the Town of Southold hereby waives the 30 Day notification for the application of a new liquor license by Truffle and Snail LL d/b/a The Village Cheese Shop, 105 Love Lane, Mattituck NY 11952. ✓Vote Record-Resolution RES-2015-837 Lel Adopted O Adopted as Amended ❑ Defeated — — -- -- -- - — -- - - - - Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio ' Seconder El ❑ ❑ ❑ ❑ Supervisor's Appt James DmElizio Jr Voter 0 0 ❑ Tax Receiver's Appt William P Ruland Voter ❑ ❑ ❑ Q 0 Rescinded Jill Doherty Mover El 0 0 0 ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ Ll ❑ Supt Hgwys Appt Scott A Russell Voter 21 ❑ 0 0 O No Action ❑ Lost 2015-838 Southold Town Board Meeting page 11 October 6, 2015 CATEGORY: Employment-Town DEPARTMENT: Accounting Acknowledges Retirement Bruce P. Beltz WHEREAS,the Town of Southold has received email notification on October 1, 2015 from the NYS Retirement System concerning the retirement of Bruce P. Beltz effective October 31, 2015 now therefore be it RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Bruce P. Beltz from the position of Special Projects Coordinator effective October 31, 2015. ✓Vote Record-Resolution RES-2015-838 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Mover -l l ❑ 0 0 ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ 0 0 ❑ Tax Receiver's Appt William P Ruland Voter ❑ ❑ ❑ D 0 Rescinded Jill Doherty Seconder El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ D ❑ Supt Hgwys Appt Scott A Russell Voter l ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-839 CATEGORY: Budget Modification DEPARTMENT: Land Preservation 2015 CPF Budget Modification Financial Impact: Budget modification is needed to provide funds for an additional federal single audit required for the Community Preservation Fund budget in connection with the Town's 2014 annual audit as noted in adopted Town Board Resolution No. 2013-754. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 Community Preservation Fund (2% tax) budget as follows: From: CM.8660.2.600.100 Real Property Acquisitions $ 4,000.00 Southold Town Board Meeting page 12 October 6, 2015 To: CM.1320.4.500.300 Ind. Auditing &Accounting $ 4,000.00 ✓Vote Record-Resolution RES-2015-839 ll Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent El Tabled Robert Ghosio Voter ll ❑ ❑ ❑ El Withdrawn • ❑ Supervisor's Appt James Dinizio Jr Mover El 0 0 ❑ ❑ Tax Receiver's Appt William P.Ruland Voter El ❑ El ❑ Rescinded Jill Doherty Seconder 21 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ 0 0 ❑ Supt Hgwys Appt Scott A Russell Voter ; El 0 0 0 ❑ No Action ❑ Lost 2015-859 CATEGORY: Bid Acceptance DEPARTMENT: Solid Waste Management District Windrow Turner Bid Acceptance WHEREAS two (2)bids were received in response to the Town's bid advertisement of August 20, 2015 for a self-propelled windrow turner for the Cutchogue Compost Facility; and WHEREAS the bid received by Ecoverse Industries is out of compliance with no fewer than seven(7) critical specifications issued by the Town for such equipment, and in addition fails to demonstrate compliance in at least six (6) other critical and/or important specifications as issued by the Town, and further did not include all information required for consideration as a complete response to the Town's solicitation; it is hereby RESOLVED that the Town Board of the Town of Southold hereby rejects the bid of Ecoverse Industries to supply the Solid Waste Management District with a self-propelled windrow turner as it does not meet the Town's specifications for said equipment; and, it is further RESOLVED that the Town Board accepts the bid of Simplicity Engineering, Inc. for such equipment at a cost of$484,000, all in accordance with the approval of the Town Attorney. ✓Vote Record-Resolution RES-2015-859 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter El 0 ❑ ❑ ❑ Defeated James Dinizio Jr Seconder] C1 El El ❑ El Tabled William P Ruland Voter , 0 0 ❑ 21 o Withdrawn Lill Doherty Mover , El 0 0 0 O Supervisor's Appt Louisa P Evans Voter 0 El El El Southold Town Board Meeting page 13 October 6, 2015 ❑ Tax Receiver's Appt Scott A Russell Voter l 0 0 ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Next:10/20/15 4:30 PM 2015-841 CATEGORY: Employment-Town DEPARTMENT: Accounting Appoint Greg E. Schlachter Automotive Mechanic III RESOLVED that the Town Board of the Town of Southold hereby appoints Greg E. Schlachter to the position of Automotive Mechanic III for the Highway Department, effective October 19, 2015, at a rate of$27.0336 per hour subject to pre-employment DOT testing requirements. ✓Vote Record-Resolution RES-2015-841 II Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Mover I1 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter El 0 0 ❑ William P.Ruland , Voter 0 , 0 ❑ Tax Receiver's Appt ❑ El ❑ Rescinded Jill Doherty Secondee` El 0 ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 0 ❑ El ❑ Supt Hgwys Appt Scott A Russell Voter ' Il ❑ ❑ ❑ ❑ No Action ❑ Lost _ 2015-842 CATEGORY: Budget Modification DEPARTMENT: Justice Court Justice Court Budget Modification Financial Impact: To allocate money to cover purchases from the 2014-15 JCAP grant Southold Town Board Meeting page 14 October 6, 2015 RESOLVED that the Town Board of the Town of Southold hereby increases the 2015 General Fund Whole Town budget as follows: Revenues: A.3089.30 JCAP Grant (Court Assist) $12,196 Appropriations: A.1110.2.100.100 Justice Court, Desks $10,696 A.1110.2.200.600 Justice Court, Chairs 1,500 Total $12,196 ✓Vote Record-Resolution RES-2015-842 El Adopted ❑ Adopted as Amended ❑ Defeated --- - __ _._ _ Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Voter Q 0 ❑ ❑ ❑ Withdrawn — ❑ Supervisor's Appt James Dmizio Jr I Mover RI ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Voter ❑ 0 ❑ Cl ❑ Rescinded Jdl Doherty , Seconder El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans , Voter 0 0 0 RI ❑ Supt Hgwys Appt Scott A Russell Voter E 0 0 0 ❑ No Action ❑ Lost 2015-843 CATEGORY: Budget DEPARTMENT: Accounting Transfer from Employee Health Plan to Operating Funds RESOLVED that the Town Board of the Town of Southold hereby authorizes the transfer of $1,629.07 as of October 7, 2015 from the Town of Southold Employee Health Benefit Fund to the Town Operating Funds as follows: General Fund Whole Town $911.44 General Fund Part Town 138.46 Highway Fund Part Town 439.45 Solid Waste Management District 139.72 Total $1,629.07 ✓Vote Record-Resolution RES-2015-843 El Adopted Yes/Aye No/Nay Abstain Absent O Adopted as Amended Robert Ghosio Seconder El ❑ ❑ ❑ O Defeated James Dmizio Jr Voter ' RI ❑ 0 ❑ O Tabled William P Ruland ' Voter LI LI 0 El Southold Town Board Meeting page 15 October 6, 2015 ❑ Withdrawn Jill Doherty Mover El 0 0 ❑ ❑ Supervisor's Appt Louisa P Evans Voter 0 0 0 Excused ❑ Tax Receiver's Appt Scott A Russell Voter l✓1 0 0 0 ❑_Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-844 CATEGORY: Landfill Misc. DEPARTMENT: Solid Waste Management District Tip Fee Waiver for Fall Brush Disposal 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, 2015 through November 30, 2015; and that tip fees for brush shall be reduced for commercial vehicles to $30/ton during the period November 1, 2015 through November 30, 2015; 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-2015-844 ll Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated Robert Ghosio Mover ll ❑ ❑ ❑ ❑ Tabled James Dinizio Jr Seconder, El ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P.Ruland Voter 0 0 0 ❑ Tax Receiver's Appt Jill Doherty Voter El 0 0 ❑ ❑ Rescinded Louisa P Evans Voter ❑ ❑ ❑ ll ❑ Town Clerk's Appt Scott A Russell Voter ll ❑ ❑ 0 ❑ Supt Hgwys Appt ❑ No Action • Southold Town Board Meeting page 16 October 6, 2015 ❑ Lost 2015-845 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept Bid for Drainage Projects RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Cardo Site Development in the total amount of$25,400.00 for the following projects: The Old Sound Drive Project, $14,500.00, H.8540.2.100.100 Stormwater Mitigation Project The Waterview Drive Project, $10,900.00, DB.5110.4.400.300 Drainage Replacements all in accordance with the Town Attorney. , ✓Vote Record-Resolution RES-2015-845 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Voter El ❑ ❑ ❑ ❑ Withdrawn o Supervisor's Appt James Dinizio Jr Mover El ❑ l7 0 ❑ Tax Receiver's Appt William P Ruland Voter 0 0 ❑ mm E El Rescinded Jill Doherty Seconder El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 0 0 El ❑ Supt Hgwys Appt Scott A.Russell Voter 0 0 0 0 ❑ No Action O Lost 2015-846 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Pack 39- Cubmobile Race RESOLVED that the Town Board of the Town of Southold hereby grants permission to Pack 39 Cub Scouts to hold its annual Cubmobile Race on October 17, 2015 from 9:30AM to 12:30 PM, provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All Town fees for this event, with the exception,of the Clean-up Deposit, are waived. Southold Town Board Meeting page 17 October 6, 2015 ✓Vote Record-Resolution RES-2015-846 O Adopted ❑ Adopted as Amended 0 Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - - - - , , ❑ Withdrawn Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter ❑ ❑ ❑ 0 ❑ Rescinded Jill Doherty _ Mover 0 0 0 ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 0 ❑ El o Supt Hgwys Appt Scott A Russell Voter 21 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-847 CATEGORY: Bid Acceptance DEPARTMENT: Solid Waste Management District Local Solid Waste Management Plan Update WHEREAS the Town's Local Solid Waste Management Plan(LSWMP) adopted by the Town and approved by NYSDEC in 1995 is set to expire at the end of 2015; and WHEREAS the Town is required to develop and submit a new 10-year LSWMP in accordance with priorities outlined in the revised New York State Solid Waste Management Plan and other NYSDEC regulations; and WHEREAS the Town issued a request for proposals (RFP) for professional services to develop a new LSWMP for approval by NYSDEC to which the Town received three (3)valid responses; it is hereby RESOLVED by the Town Board of the Town of Southold to accept the proposal of L.K. McLean Associates as the lowest-cost responder to develop a new Local Solid Waste Management Plan for the Town at a cost not to exceed $29,970, all in accordance with the Town Attorney. ✓Vote Record-Resolution RES-2015-847 Q Adopted Yes/Aye I No/Nay Abstain Absent ❑_Adopted as Amended Robert Ghosio Mover 2 0 ❑ ❑ ❑ Defeated James Dinizio Jr Seconder 0 0 0 0 O Tabled William P Ruland Voter 0 0 0 21 O Withdrawn Jill Doherty Voter E1 0 0 ❑ ❑ Supervisor's Appt Louisa P Evans Voter 0 0 0 J ❑ Tax Receiver's Appt Scott A Russell Voter 0 0 0 0 O Rescinded Southold Town Board Meeting page 18 October 6, 2015 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-848 CATEGORY: Budget Modification DEPARTMENT: Accounting Create Capital Budget for Town Hall Parking Lot Financial Impact: Formally create capital budget WHEREAS the Town Board of the Town of Southold adopted a 2015 Capital Budget which includes a$16,500 appropriation for Truing, Leveling and Microsurfacing the Town Hall Parking Lot, 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 2015 Capital Fund: Capital Project Name: Town Hall Parking Lot Financing Method: Transfer from the General Fund Whole Town Budget: Revenues: 1.5031.44 Interfund Transfers $16,500 Total $16,500 Appropriations: 11.1620.2.500.600 Buildings & Grounds Capital Outlay Town Hall Parking Lot $16,500 Total $16,500 ✓Vote Record-Resolution RES-2015-848 El Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended _ _ ❑ Defeated Robert Ghosio Voter RI ❑ ❑ ❑ ❑ Tabled James Dinizio Jr Mover RI ❑ ❑ ❑ ❑ Withdrawn William P Ruland Voter ❑ ❑ ❑ 0 ❑ Supervisor's Appt Jill Doherty Seconder 0 ❑ 0 ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter 0 0 ❑ 0 ❑ Rescinded Scott A.Russell Voter E ❑ ❑ ❑ Southold Town Board Meeting page 19 October 6, 2015 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt O No Action O Lost 2015-849 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Southold PTA Halloween Parade Financial Impact: cost analysis$202.65 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold PTA to use the following roads for its Annual Halloween Parade in Southold, on Saturday, October 31, 2015 at 11:00 AM: beginning at the Firehouse, west on Route 25, South on Oaklawn Avenue ending at the Southold Elementary School provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. Support is for this year only. All Town fees for this event, with the exception of the Clean-up Deposit, are waived. ✓Vote Record-Resolution RES-2015-849 ll Adopted ❑ Adopted as Amended ❑ Defeated _ Yes/Aye No/Nay Abstain Absent ❑ Tabled ----- - Robert Ghosio Seconder El 0 0 ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Voter ❑ ❑ ❑ El ❑ Rescinded Jill Doherty Mover El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 0 0 El ❑ Supt Hgwys Appt Scott A Russell Voter El 0 0 0 ❑ No Action ❑ Lost 2015-850 CATEGORY: Property Acquisition Public Hearing DEPARTMENT: Land Preservation Set P.H. Walker-McCall LLC DevRghtAcq RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold Southold Town Board Meeting page 20 October 6, 2015 hereby sets Tuesday, October 20, 2015, at 4:32 p.m., Southold Town Hall, 53095 Main Road, Southold,New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by Walker/McCall, LLC. Said property is identified as SCTM#1000-115.-8-3.6. The address is 21140 Main Road (NYS Route 25) in Mattituck .The property is located in the Agricultural-Conservation(A-C) Zoning District and is situated on the southerly side of Main Road (NYS Route 25), approximately 820 feet east of the intersection of Locust Avenue with Main Road (NYS Route 25) in Mattituck,New York. The proposed acquisition is for a development rights easement on 3.8863 acres. The 3.8863 acre area is part of a 28.6496 acre farm on which 24.5418 acres are subject to a Deed of Development Rights dated the 25th day of August, 2003, between John Elak and the Town of Southold and recorded in the Suffolk County Clerk's Office in Liber D00012273 at Page 138 on September 19, 2003. The 3.8863 acre area was excluded from the recorded 2003 Deed of Development Rights. Federal monies obtained through a United States Department of Agriculture -Natural Resources Conservation Service ("NRCS") grant#73-2C31-02-671 were used to fund part of the 24.5418 acre acquisition in 2003. The metes and bounds description in the 2003 easement will be modified to include the additional 3.8863 acres. NRCS has approved this modification, as required under the easement. In addition,NRCS has recognized the addition of 3.8863 acres to the existing easement area as an acceptable donation of an interest in real property by the Town to NRCS under the NRCS draft gift acceptance policy. Such a donation is further authorized by the New York State Constitution. The 3.8863 acre easement will be acquired using Community Preservation Funds. The purchase price is $65,000 (sixty-five thousand dollars)per acre for the 3.8863 acre easement plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold,New York, and may be examined by any interested person during business hours. ✓Vote Record-Resolution RES-2015-850 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent O Tabled Robert Ghosio Mover El 0 0 ❑ O Withdrawn James Dinizio Jr Seconder 21 0 0 0 ❑ Supervisor's Appt William P RulandVoter 0 0 0 El O Tax Receiver's Appt Jill Doherty Voter El 0 0 0 ❑ Rescinded Louisa P Evans Voter 0 0 0 El ❑ Town Clerk's Appt Scott A Russell Voter El ❑ ❑ 0 ❑ Supt Hgwys Appt ❑ No Action O Lost Southold Town Board Meeting page 21 October 6, 2015 2015-851 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Cutchogue Fire Department to Hold Its Halloween Parade RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Cutchogue Fire Department to use the following route for its Halloween Parade in Cutchogue, on Saturday, October 31,2015 at 6:00 P.M.: beginning at the Cutchogue West School, proceeding west on Route 25 to New Suffolk Road, Cutchogue to the Fire Department, provided they closely adhere to the all the conditions of the Town's Policy for Special Events on Town Properties. Support is for this year only. All fees shall be waived with the exception of the clean-up deposit. I Vote Record-Resolution RES-2015-851 ll Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter lI ❑ ❑ ❑ _❑_Supervisor's Appt James Dinizio Jr Mover CEJ ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Voter ❑ ❑ ❑ El ❑ Rescinded Jill Doherty Seconder El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter , 0 ❑ ❑ El ❑ Supt Hgwys Appt Scott A Russell Voter I Cd ❑ 0 0 ❑ No Action ❑ Lost 2015-852 CATEGORY: Public Service DEPARTMENT: Accounting Set Fee-Leviton Electric Charging Stations WHEREAS, in 2013 Governor Andrew Cuomo announced the Charge NY Initiative to create a statewide network of public and workplace Electric Vehicle Charging Stations administered by the New York State Energy and Research Development Authority ("NYSERDA"); and WHEREAS, Leviton, a manufacturer of Electric Vehicle Charging Stations for electric and hybrid electric vehicles, was the successful respondent to NYSERDA PON 2301, and has been funded in part under the terms of Agreement No. 30407 (the "Grant") from NYSERDA to Southold Town Board Meeting page 22 October 6, 2015 establish dual-point Charging Stations to the Town of Southold at Town Hall,the Peconic Community Center, and the Human Resource Center through the Charge Point network; and WHEREAS, encouraging the use of electric and hybrid electric vehicles by the Town, our workforce and the general population aligns well with the Town's stated goal of leadership in sustainable practices, and WHEREAS, the Town Board has determined that the Town Hall and Peconic Community Center Electric Vehicle Charging Stations are suitable locations to accommodate the entire community at designated times through the Charge Point network to charge electric and hybrid electric vehicles at a nominal fee to help offset operational costs; now therefore be it RESOLVED that the Town Board of the Town of Southold hereby establishes a fee of$2.00 (Two dollars) for up to a four(4) hour charge per vehicle at the Town Hall Electric Vehicle Charging Station during non-business hours only and at the Peconic Community Center Electric Vehicle Charging Station at any time, all through the Charge Point network, with hours of availability at each location subject to change. ✓Vote Record-Resolution RES-2015-852 O Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - ❑ Withdrawn Robert Ghosio Seconder ll ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter ll ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Voter ❑ ❑ ❑ ll ❑ Rescinded Jill Doherty Mover El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ 0 o Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-853 CATEGORY: Public Service DEPARTMENT: Accounting Authorizing Letter of Support for Leviton to NYSERDA for Community—Scale Sustainability Projects (P WHEREAS,New York State is continuing its efforts for cleaner, greener communities through alternative fuel initiatives; and WHEREAS, Suffolk County has more plug-in electric vehicles registered with the NYS Department of Motor Vehicles than any other county in the state; and Southold Town Board Meeting page 23 October 6, 2015 WHEREAS, Leviton Manufacturing is a respondent to NYSERDA's Program Opportunity Notice (PON) 3106 for community-scale sustainability projects to accelerate community-wide demand for electric vehicle infrastructure and encourage electric vehicle ownership; and . WHEREAS, Southold Town supports both public and private efforts as part of this clean energy sustainability program designed to promote the use of electric vehicles and help diminish the carbon footprintin Southold; and WHEREAS, potential installation sites throughout Southold Town will be identified and submitted to Leviton as part of this effort; now therefore be it RESOLVED that the Town Board of the Town of Southold hereby supports the community- scale clean energy sustainability project and authorizes Supervisor Russell to submit a letter of support for Leviton's application to NYSERDA. ✓Vote Record-Resolution RES-2015-853 EI Adopted ❑ Adopted as Amended ❑ Defeated " " Yes/Aye No/Nay Abstain Absent ❑ Tabled - -- ❑ Withdrawn Robert Ghosio Mover 21 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Seconder 0 ❑ 0 0 ❑ Tax Receiver's Appt William P Ruland Voter ❑ mm� ❑ ❑ l ❑ Rescinded Jill Doherty Voter El 0 0 ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ 0 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ 0 0 ❑ No Action ❑ Lost -- - - - - - - - - - - - - 2015-854 CATEGORY: Property Usage DEPARTMENT: Public Works Downs Farm_Eagle Scout Project Financial Impact: Install small outdoor seating at Downs Farm Preserve for education and nature programs Whereas the Town of Southold received a request from David Gammon to-conduct and Eagle Scout project to construct outdoor seating at the Downs Farm Preserve; Whereas the Town's Policy pertaining:to request to conduct projects on or related to Town owned or managed open space and the Town's Open Space Project List Policy both apply to the request; Whereas the project request is not allowed as part of an adopted stewardship management plan Southold Town Board Meeting page 24 October 6, 2015 and is not on the Town's Open Space Project list; Whereas the project has been reviewed to the two policies noted previously; Whereas the review of the project indicated that the project is consistent with all requirements of the policies RESOLVED that the Town Board of the Town of Southold hereby approves David Gammon's Eagle Scout project at Downs Farm Preserve to construct outdoor seating and be it further Resolved that the Town Board assigns Jim McMahon to monitor the project and that the project be added to the Town's Open Space project ✓Vote Record-Resolution RES-2015-854 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - ❑ Withdrawn Robert Ghosio Voter El 0 ❑ 0 ❑ Supervisor's Appt James Dinizio Jr Mover El ❑ 0 ❑ ❑ Tax Receiver's Appt William P.Ruland Voter ❑ 0 0 El ❑ Rescinded Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 0 0 0 ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-855 CATEGORY: Employment-Town DEPARTMENT: Accounting Appoint Nicole Buckner PT Code Enforcement Officer RESOLVED that the Town Board of the Town of Southold hereby appoints Nicole Buckner to the position of Part Time Code Enforcement Officer for the Town Attorney's Office effective October 19, 2015 at a rate of$27.211 per hour, not to exceed 17.5 hours per week. ✓Vote Record-Resolution RES-2015-855 El Adopted Yes/Aye No/Nay Abstain Absent O Adopted as Amended Robert Ghosio Seconder El ❑ ❑ ❑ O Defeated James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Voter 0 0 0 El O Withdrawn Jill Doherty Mover El 0 ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Voter 0 0 0 0 ❑ Tax Receiver's Appt Scott A Russell Voter El 0 0 ❑ O Rescinded Southold Town Board Meeting page 25 October 6, 2015 o Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-856 CATEGORY: Planning DEPARTMENT: Town Attorney Pawlowski Change of Zone WHEREAS, Paul Pawlowski submitted a Change of Zone Petition requesting a change of zone for approximately 3.8 acres of a 20.8 acre parcel from Residential (R80)to General Business (B) for the property identified on the Suffolk County Tax map as Lot# 1000-122-7-9, and WHEREAS, the Town Board for the Town of Southold held a public hearing on the aforementioned Change of Zone Petition on September 22, 2015, and; WHEREAS,the Town Board of the Town of Southold held the public hearing open until October 6, 2015, and; WHEREAS, on September 25, 2015, the Petitioner, Paul Pawlowski requested in writing that his application be withdrawn, and; WHEREAS, on October 6, 2015,the Town Board closed the public hearing on the aforementioned change of zone petition, and therefore be it RESOLVED, that the Change of Zone Petition of Paul Pawlowski is hereby deemed withdrawn. ✓Vote Record-Resolution RES-2015-856 El Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled j Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Mover 0 11 ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter ❑ ❑ 0 ll 0 Rescinded Jill Doherty Seconder El 0 0 0 ❑ Town Clerk's Appt Louisa P Evans ' Voter 0 0 I 0 0 ❑ Supt Hgwys Appt Scott A Russell Voter El 0 0 ❑ ❑ No Action O Lost Southold Town Board Meeting page 26 October 6, 2015 VI. Public Hearings 1. PH 9/22/15 @ 4:32 PM Pawlowski Change of Zone RESULT: CLOSED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:James Dinizio Jr, Councilman AYES: Robert Ghosio, James Dinizio Jr, Jill Doherty, Scott A. Russell ABSENT: William P. Ruland, Louisa P. Evans Closing Comments Supervisor Russell SUPERVISOR RUSSELL: Okay, I am going to invite anybody that wants to address the Town Board on any issue to please feel free. Donlin Finley DONLIN FINLEY: My name is Donlin Finley, I work with (inaudible). I have some questions on the turner bid. SUPERVISOR RUSSELL: I am going to defer to the Town Attorney. TOWN ATTORNEY DUFFY: It is our period to comment on anything before the Board. The Town Board hasn't taken any action yet. It is still under review by the Town Board. MR. FINLEY: Okay. To my knowledge there were three exceptions to the bid. One of them was the horsepower of the engine. The bid called for 390 horsepower and we provided 320. Our engine was a state of the art tier 4 engine, the other bidder provided an older engine which was a tier 3 which is not going to be compliant to the regulations that are coming in. Although our horsepower was lower, that translates to more fuel efficiency, offering 9 gallons an hour compared to 12 gallons an hour. The other exception was the fuel tank, which is pretty significant. It was 80 gallons but we offered 130 gallons. The third exception was the rotor, the specifications from the town called for the rotor to be hydraulically adjusted with the frame of the machine. We provided a hydraulically adjustable rotor which is independent of the machine which has a lot of benefits. You can raise our rotor to 21 inches, theirs was 14. In light of these three minor deviations from the specification, we feel that the Backus A55XL is more than capable of handling the towns production requirements and we feel that we are the lower bidder by more than $96,000 and we feel that the windrow turner should be in all good conscience be awarded to us. TOWN ATTORNEY DUFFY: If you want me to speak on behalf of my review, I don't want to speak on behalf of the Board. There are many more issues with the bid that I found on my review. I can't speak for the Town Board of course but if you are going to deviate from the Southold Town Board Meeting page 27 October 6, 2015 specifications contained in the bid, you have to give an explanation why you were deviating and no explanation was given. So that with regard to the lower horsepower, there's no explanation why you didn't comply with the bid for the required horsepower and same thing with the rotors. In addition, there's many more issues that were with the bid that I found. Again, the Town Board will have the ultimate say but some have to do with for instance, references. We required three references from people using your machine that you bid and none of the references you provided address the specific machine that you bid. MR. FINLEY: Because Backus recently changed their model numbers. Nothing to do with the machines. There are 50 machines in the US. Backus has been making windrow turners for 30 years. They are the number one windrow manufacturer worldwide, so our reliability of our products.... TOWN ATTORNEY DUFFY: Well, we don't know that unless an explanation is given. Again, none was forthcoming from the bidder. My advice to the Board would be if they want to continue, we might have to throw out all the bids and then re-bid it because your bid was so lacking. Again, we have no explanation except for what you are providing right now which is way past the period of bid and so we have... MR. FINLEY: Well, after the (inaudible) TOWN ATTORNEY DUFFY: Let me finish, please. You are not providing other bidders with an opportunity to address your comments because you didn't provide it in your bid. You are looking at what every other bid might have contained and now you are coming back to us to explain the difference between everyone else but instead of properly providing this information in a timely fashion. MR. FINLEY: We considered that we did meet all the requirements for your bid. We did reach out after our demonstration and after the bid and we didn't get any feedback at all. We provided supplemental information afterwards, going through the bid point by point because after the bid, it went quiet, so we thought we would go through it and if there's any deviations or questions, we'll try to address them or get some feedback but it wasn't forthcoming. TOWN ATTORNEY DUFFY: The specifics of the bid were to provide it, why you are deviating, you didn't do that at the time of the bid, so we have to be concerned now that you are getting an unfair bidding advantage once you got to look at the other bids, so the Board hasn't spoken so I am concerned that if we went with your bid then we would be giving you a distinct advantage over other bidders. We have to comply with the general municipal law... MR. FINLEY: I understand. It's a lot of taxpayer money, $96,000. Inaudible. So I know the specifications are going to be tight, it was clearly written very tightly around one. But I hope we get it. Southold Town Board Meeting page 28 October 6, 2015 TOWN ATTORNEY DUFFY: And quite frankly, you were told upfront that one of the other machines you proposed in the beginning, if you did that it would probably be very close to where we were looking for and you chose to bid or reconsider a lesser machine. MR. FINLEY: The windrow turner that we bid meets the specifications of the width of the windrow and the height of the windrow, it doesn't meet the specifications of the engine and that is due to the manufacturer of the engine. We can meet and match an engine easy with a Volvo engine, whereas Caterpillar,they have only two, three sizes of engines. TOWN ATTORNEY DUFFY: None of your literature says that you usually provide Volvo, so another problem with your bid is you seem to go outside the requirements of having a regularly produced machine. This seems to be something that you fit into meet the bid and that is not something that you regularly maintain or produce, which is another concern of the Town. MR. FINLEY: Oh, I would disagree. The tier IV stuff that has been brought in as with most equipment.... SUPERVISOR RUSSELL: With all due respect at this point, we certainly like to address the issues but at this point it's the Town Board's job to evaluate the bids and evaluate what we think is the most responsible bid and we will do that in due time. Thank you. Who else would like to address the Town Board? Please. Robert Harper ROBERT HARPER: Robert Harper, Mattituck. Good evening. I would like to bring before you a couple of issues that came up at the North Fork Environmental council last week and I appreciate Supervisor Russell's input on it. One of them, I think they are two related issues. One of them is litter and the other is plastic bags which sometimes becomes litter. I have been for the past three years kind of doing my own patrol on my own street, about a mile stretch, and picking up litter. I estimate probably in the last three years I have picked up about 4,000 pounds of trash. I have things like car axles, mufflers, batteries, VCR's. I do have pictures. I don't know if you guys work like Judge Judy does, where you know somebody comes up and takes these from me, but this is a picture of just one week's worth of trash that I collected. COUNCILMAN DINIZIO: Where was that? MR. HARPER: This is along New Suffolk Avenue. Especially in the wooded areas and a lot of it is down by where the laundromat and Handy Pantry is and the wooded lot across the street from it. Some of this I also need to tell you is on town owned land which is by Lake Marratooka. This is what it looks like after I bag it and kind of have to sort it and recycle and bring it to the dump. So as I said, I have been doing this for about three years. I consider myself an expert, I am a garbologist and what I have is just some suggestions, I don't expect that you guys would act on any of them tonight. I just wanted to read them to you and I did make copies because I am a school teacher and there will be a quiz at the end of the day. Tough audience. Alright, this in no particular order. Identify any areas of concern and for me it's the wooded area, the convenience stores, the laundromats, the beaches, places where parking lots are, where people hang out. There's not a lot of signage, there's one sign on Marratooka Road, in a Southold Town Board Meeting page 29 October 6, 2015 residential section that says $1,000 fine in the Town of Southold. But there's not along New Suffolk Avenue which is more heavily traveled and more wooded area. We need to have the town do something about the areas that are owned by the Town. I don't know how the Peconic Land Trust land fits in but a lot of those places too, especially when trash can blow up against them there's quite a bit. Some of these properties, I don't know who owns them. They are wooded areas and I think if we found out the property owners and maybe sent them a letter and made them aware there's a problem. I did come across an adopt a road sign, I think it's on Ole Jule Lane, it looks like it's been there for a lot of years. It may have even said that Ben Franklin was responsible for that stretch of road. I think we should do something with revitalizing that particular program. I would adopt my road, since I am already kind of paying child support on it anyway. Trash receptacles, there need to be trash receptacles where people tend to congregate. I was just in New York City last weekend, I went through Central Park. The subway station at 73`d Street and Broadway, there's trash cans all over there. I do have pictures of some of those. They are not overflowing. They have plastic bags in them. People come and take them and throw them out and I have to say, it's quite neat there. We need to make it easy for people to dispose of things properly. When I see a car axle or battery or VCR or something like that and I know we do have the facility at the town recycling center but the easier we make it for people and I think a good example is when you guys do hazmat day, all that hazardous material that people accumulate, the varnishes and the stuff, it could easily be just dumped somewhere if people didn't have an alternative and I think that's an excellent example of you guys doing a really good job with that. I would like to see, this is an idea I just came up with because I do a lot of work on my own house and sometimes I have to buy things in quantity and I end up with 500 feet of tar paper when I only needed 30 and I was thinking, if we set up something at the town recycling center of a kind of contractor or handyman exchange where I could drop off my roll of tar paper which is going to sit in my garage forever and maybe I can pick up a can of paint or something that somebody else didn't use or tile or glue. There are a lot of communities that don't have trash problems, one of them in particular that I noticed was Stony Brook. They have trash receptacles all over Stony Brook village and they have a quote on them which I would like to read to you. It's from Abraham Lincoln, it says on them "I would like to see a man proud of the place in which he lives. I like to see a man live so that his place will be proud of him." Another one I saw upstate at the Mohunk mountain house was a sign that says "Litter lessens beauty". I know you guys are probably committee'd out and as a former school teacher, we used to have a committee for everything including what kind of number two pencils we should use, but I think it would be nice if we had a litter committee and recruited volunteers from the town for that. We also have lots of volunteer help. This is a great community for that, we have a lot of community groups, student groups. I am not sure if it's still a requirement for high school students to do community service but this would be a great thing, Eagle scouts, even just people like us. The plastic bag thing and I know Supervisor Russell, you have taken a stand on that. I would just like to just provide a little bit of my feeling about it and then maybe an alternative. When I go and collect trash, there's, as I have said I have gotten very good at this, the number one thing is ripped up lottery tickets and the more angry the person, the more pieces. It's really tough to pick up 18 pieces of a lottery ticket, so if you lose,just don't rip it up. But I also see a lot of plastic bags and they get caught in trees, they get in places I can't reach, I have gotten poison ivy three times by reaching into places where I am pulling out plastic bags. What I am proposing as an alternative is something they do in New York City, this is a bag from Citeralla's , Southold Town Board Meeting page 30 October 6, 2015 I which is s food place in New York City, they sell these at a very reasonable price. This one we have had for about 5 years and we just take it to the market with us. in contrast, my wife went shopping with my mother-in-law today and I think they came home with about 25 plastic bags because you can't really fit much in them. I also think it would be a good idea for businesses if they could put their slogans or whatever on it. You know, I `heart' IGA. Only Orlowski's. Southold supports clean roads, whatever. I think eventually people adapt to these kind of things. When New York City proposed a ban on smoking in bars and things, everybody said every bar in the city was going to close and I think we found that's not the case. The lights and the windshield wiper thing, everybody said nobody is going to obey it. I think it's probably one of the most obeyed laws that I have seen because you can actually see other people's lights on. So what I am asking is that I have done this for a while, I would like us to maybe kind of team up 1 and have some ideas that we can tackle this together. you know John Kennedy did the famous thing of ask not what you can do for your country, I have asked what I can do for my town, now I am kind of asking what can my town do for me to help with this situation? And I don't know I what the proper procedure is but if you guys would like these... SUPERVISOR RUSSELL: Just bring them up and we will pass them down. 1 MR. HARPER: Perfect. Kind of a teacher way to do it. Thank you very much. SUPERVISOR RUSSELL: I just wanted to make a quick note on the trash can proposal, to add more. We have done that, we have added more and we have taken less, the fact of the matter is, trash cans we have determined over time become a magnet for all garbage. On top of that, in many instances, because we get so much more of a volume of garbage at these, people doing an end run around the yellow bag law, we end up producing more trash and more litter because the animals, it's unsecured garbage and the animals tear it apart. And we have that problem at our town beaches, we have tried more cans, we have tried less cans. We said, if we remove the cans altogether, they won't leave bags of garbage. Guess what? They did anyway. So you know, we are trying to right size the solutions but effectively, we go into the trash business for seven months out of the year because of those cans. It's just, it's a difficult thing to manage. COUNCILWOMAN DOHERTY: One thing though, the schools do the community service and maybe we can reach out to the schools to do an adopt a road program within their schools. That's something we can ask the schools to consider. SUPERVISOR RUSSELL: Perhaps a community driven group that would be a volunteer corps to do this. We actually have a very good working relationship with several community groups that do cleanups in their communities at their beaches and we do quite well, you know, we partner very well, the town certainly works with you in terms of bringing what we call community pride forms, so you don't have to pay for the use of the transfer station. We have very good relationships and certainly if you want to organize something, we would be happy to.... MR. HARPER: Inaudible. SUPERVISOR RUSSELL: Please, David. I Southold Town Board Meeting page 31 October 6, 2015 I David Markel, Southold DAVID MARKEL: David Markel from Southold. How long does a Freedom of Information Act usually take? Is there any time frame that you can give me on that? I TOWN CLERK NEVILLE: Well, it depends. What did you ask for? MR. MARKEL: So there's no months, years.... TOWN CLERK NEVILLE: No, when it comes to me, if I have the information, it is readily available. It goes right out to the person. MR. MARKEL: Okay. TOWN CLERK NEVILLE: It depends on what you ask for. Inaudible. MR. MARKEL: Because I asked for, from the, excuse me, Elizabeth, I am sorry. TOWN CLERK NEVILLE: You either get the information or you get a response saying approximately when you will get the information. And you have not received that? MR. MARKEL: Sort of. TOWN CLERK NEVILLE: Sort of. MR. MARKEL: First of all, I requested the Supervisor's office, Monday before the last meeting to know how many people have communicated by electronic devices, texts, emails, letters, old- fashioned letters, about the issue of the plastic bags. I was informed by Mr. Duffy, I think it was Maybe Thursday, that I needed to, in order to get more information from the Town Clerk I also needed to amend it and I never did because I got busy and did other things. The reason.... TOWN ATTORNEY DUFFY: When I called you and I said actually that your FOIL request just requesting a number was an improper FOIL request because FOIL requests are about requests for documents, not information and I told you, one; that I would work with you, I would not deny your FOIL request, that I would actually find out the number but I also want to clarify with you what was sent to the Supervisor and what was sent to the Town.... MR. MARKEL: No, I would like to send to the Town and I was negligent in doing the email but... TOWN ATTORNEY DUFFY: I didn't even ask you for a clarification, I said between you and I, I would not reject your FOIL request and I would also treat it not just to the Supervisor's office but Town wide and that was Thursday, which was four days ago. After I clarify your FOIL request, we have five days to give you a letter acknowledging that we received it and then respond and we are still trying to determine how long it will take us to do that because like you said, you are looking for information from several different formats and you know, I called you, II Southold Town Board Meeting page 32 October 6, 2015 • we played a little bit of phone tag, it took some time to clarify what your FOIL request was exactly and how long we would need to reply. MR. MARKEL: Okay, thank you. Basically though, is there anybody,just a little civics lesson for me, when somebody sends a correspondence to the Town Board through the Supervisor's office or through the Town Clerk, who actually on the Town Board sees those correspondence? Anybody? COUNCILMAN DINIZIO: I read it. I read every one of them. MR. MARKEL: Oh, so you have an idea how many people have corresponded to the town on . this issue? COUNCILMAN DINIZIO: I don't know to the town, I know to me. MR. MARKEL: Oh,just to you. COUNCILMAN DINIZIO: Well, you know, it comes to the town. Itis a town email address. MR. MARKEL: To you. COUNCILWOMAN DOHERTY: When somebody sends an email to the Town Clerk or the Supervisor's office, they copy the rest of the Town Board. And on every application, not just bags. MR. MARKEL: So you all know how many people have communicated to the Town Board on the issue of the single use plastic bags, by text or email or letters or walking in... COUNCILWOMAN DOHERTY: I didn't keep track... MR. MARKEL: You have no idea. COUNCILWOMAN DOHERTY: I have no idea. Because we get.... MR. MARKEL: More than five, less than five? COUNCILWOMAN DOHERTY: We can get between five and 25 emails a day. Scott probably gets quadruple that, so I can't tell you how many emails of those are plastic bags. MR. MARKEL: No idea, if it's significant or non-significant or no idea? SUPERVISOR RUSSELL: The discussion we had a few years ago or a year or so ago produced some emails on both sides of the issue. During this last one, I had received emails urging adoption, I had received a few emails, considerably less, saying no, that's a bad idea. l I, Southold Town Board Meeting page 33 October 6, 2015 MR. MARKEL: Okay. But no idea...okay, I guess that kind of answered my question. Next question, you are talking about quizzes, does anyone on the Board have any kind of guesstimate as to how many hard copy petitions, signatures, have been submitted to the Board? Does anybody have an idea? COUNCILMAN GHOSIO: I do. MR. MARKEL: Besides Bob? No. Because you don't care. COUNCILMAN DINZIO: It's not a question of caring. MR. MARKEL: Excuse me? COUNCILMAN DINIZIO: It's not a question of caring for me. MR. MARKEL: No, I know. For you it's a question of a little old lady in Greenport who is going to buy a chicken at the supermarket and get a canvas bag and she is going to be too poor to wash her canvas bag, so she is going to have a canvas bag that is infected with salmonella and it will infect all of Greenport. I know what your position is. COUNCILMAN DINIZIO: You are exactly right. MR. MARKEL: Right. On your letter to the editor, Scott, when we first started this conversation, sort of a one way conversation, it was about Riverhead and Southampton and East Hampton. You forgot Shelter Island by the way, they are very competitive as well. But now, it seems the conversation has shifted because I don't know, I am conjecturing that because East Hampton Town and Southampton Town have both imposed a ban, so now, you are saying a county wide ban,that's where you want to go now, you have changed your mind.... SUPERVISOR RUSSELL: You are not actually being complete in the discussion. First of all, my concern is Riverhead, however, I do think a county wide ban is a fairer approach but I made it clear from day one, if we can get Riverhead on board which is the source of our competition locally, it's not Southampton, it's not East Hampton, it's certainly not Shelter Island. It's Riverhead. If you can get Riverhead on board and I even mentioned at a public meeting that from what I understand both candidates running for supervisor support a ban, than I am all on board because we have neutralized the playing field. You know, that's the problem. However, I do believe, let me ask you something. Have you talked to your county legislator about a ban county wide? MR. MARKEL: Who is our county legislator? SUPERVISOR RUSSELL: Then you haven't talked to him. MR. MARKEL: Who is our county legislator? SUPERVISOR RUSSELL: That would be Legislator Albert Krupski. Southold Town Board Meeting page 34 October 6, 2015 MR. MARKEL: Al Krupski. Yes, I have talked about this. SUPERVISOR RUSSELL: About a county wide ban? MR. MARKEL: Yes. SUPERVISOR RUSSELL: And what was his response? , MR. MARKEL: He would like to work on one, yes. SUPERVISOR RUSSELL: Is he proposing one? MR. MARKEL: I don't have that, he hasn't told me that he is proposing a ban. SUPERVISOR RUSSELL: Have you brought it to the attention of the county executive? I mean, why is... MR. MARKEL: Am I asking the questions here? Is this my time for comment or is this your time for comment? SUPERVISOR RUSSELL: Then don't ask questions if you don't want me to talk. MR. MARKEL: You are going to... SUPERVISOR RUSSELL: I am trying to answer them. MR. MARKEL: You are not answering my questions, you are asking me questions. This is my time to speak and I would appreciate it if you would allow me to speak. SUPERVISOR RUSSELL: Sure,please. ' MR. MARKEL: Thank you. Alright, because in the letter, you said that you not only want in Riverhead but you want all businesses in Suffolk county operating on a level playing field. And that means that you think that, I mean, they don't want to go to Trader Joe's but they will go up ' to the mall and shop up there because there is no ban on plastic bags shopping locally. You say in your letter that it is unrealistic to think that shoppers are going to change their habits as a result of the ban. I don't know if this is research that has been done in Southampton and we have a testing field right over in Southampton and East Hampton. I mean, they have both banned use of single use carry-out bags and I don't know, I don't think it has affected their people running to Riverhead and shopping there. And the last two things that you have said in the letter are to me ' are scare tactics. Something about imposing a user tax and the fact that if the law is passed, that you are going to have to defend a lawsuit against this law which it would seem to me that a user tax, both issues would seem to be covered in Southampton and East Hampton through communication with their county, their supervisor who might give you some information as to Southold Town Board Meeting page 35 October 6, 2015 those two concerns that you have. Today I am submitting a petition but as you can see, it only has one signature and I thought this was a significant enough signature since this individual has been mentioned last time I was here. It's signed by Greg Koch, who is the owner of the 7-11 in Mattituck, the 7-11 in Cutchogue, and the 7-11 in Southold. So last time, I gave you, I read to you and I will submit to you next time I come in two weeks, I will submit a further list of businesses, a lot of businesses, that support this ban and as I recall after the first unofficial public meeting which who the heck knows what that really is, that the two things that, the one thing you wanted to do was reach out to the business community. I didn't really see any movement on that part of you doing it because you never really could decide examples, so I went out and canvassed the business community and I found them very receptive. Almost 100 percent for the ban. So you have got the public in favor of a ban on single use bags, you have got businesses in favor of a single use plastic ban and then you have got the monolithic town board which when Benny asked you if anyone was in favor of this ban? You all were mute. It just amazes me that we can have such consensus in the community and such consensus on the Board and then to be 180 percent diametrically opposed. Thank you for your time. COUNCILMAN GHOSIO: Mr. Markel? MR. MARKEL: Yes? COUNCILMAN GHOSIO: I would ask, I reviewed all the petitions as I promised I would. The one thing I did notice was quite a number of those businesses weren't necessarily retail businesses that were on there. Things like real estate and businesses such as that. I would like to see if you are out doing this and I appreciate that you are doing it, I would like to see more of the retail businesses; the ones that would use the bags or not use the bags. I think that would be important.... MR. MARKEL: When I do the petitioning drive, I don't discriminate. I go one shop to the next. And I think.... COUNCILMAN GHOSIO: At that point, I guess we could boil that down but it would be interesting to see what the difference is. Just for a point of information. Because I think it is an important enough topic. I just got back from Texas, I spent 10 days out in Texas and in my travels I went to several different cities, I went to different places and found that everywhere I went, there was a different approach or a different attitude about the plastic bags. For example, one city College Station, a huge college town where Texas A & M is, plastic bags were virtually everywhere. The single use bags. Austin, paper bags. Baltimore, you had to pay for your bags either way. It was just an interesting insight as I traveled around. But again, there's a way that we can boil that information down and see what kind of support we have from the retail side of the businesses in town, I just think that would be better information. MR.-MARKEL: Well, you keep putting the hurdle up higher and higher for me and I keep responding and I keep getting the same negative response from the Board. It's a little bit disheartening. Southold Town Board Meetingpage 36 October 6, 2015 COUNCILMAN GHOSIO: I don't think I am necessarily, I am not giving you a negative response, in fact, in many ways I would support a plastic bag ban but that being said, I do need to have enough information,the right type of information to make a credible argument. MR. MARKEL: So how much is enough information for you? How many businesses do you want? COUNCILMAN GHOSIO: I don't know but I know I would like to have a decent sample. MR. MARKEL: Okay. It's like when I conduct business, I say how much do you want, how much are you willing to give me and I say $25 and they say that's not enough and I say well, you know how much you don't want, how much do you want? And so I am asking you how much do you want? How many signatures, how many signatures are going to be enough? And even if, and Bob, you are already on board. For the rest of the Board, I could probably collect 5,000 signatures, I don't know if there is a magic number for the rest of the Board. The monolithic Board. COUNCILWOMAN DOHERTY: I have a question for you, when you go to these businesses, do you ask them if they are willing to ban the plastic bags on their own and switch right then and there? MR. MARKEL: What I do, I show them the petition, I don't say anything and then let them speak or sign it or do whatever they want. It's not my place to ask for voluntary cooperation where they are going to hurt themselves in a competitive arena,by.... COUNCILWOMAN DOHERTY: That's exactly Scott's point about us doing just Southold Town as opposed to the.... MR. MARKEL: Right but when your neighbor, it's different when you neighbors doing it and I don't think that anyone's, I mean we can agree to disagree at this point because obviously you think one way and most of everyone else thinks differently. COUNCILWOMAN DOHERTY: I don't think that... MR. MARKEL: I am not finished. COUNCILWOMAN DOHERTY: Sorry. MR. MARKEL: That people are going to be running to Riverhead because the IGA or hopefully he'll move out of town and Trader Joe's or some other enlightened supermarket will open up there and they are not going to shop there because they are saving 20 cents by going to Riverhead getting plastic bags. COUNCILWOMAN DOHERTY: Well, to me... II Southold Town Board Meetingpage 37 October 6, 2015 MR. MARKEL: It's just mind boggling to think that anybody could be, thinks such a specious argument, it's just mind boggling. SUPERVISOR RUSSELL: Speaking of specious, let me know when I can talk because I really want to comment on a couple of things you said and clarify. MR. MARKEL: Go. COUNCILWOMAN DOHERTY: Well, first, that's not the only thing with my decision making. When you make a new law, you have to look at the whole picture. You have to look at how are you going to, you know, we just hired a part-time code enforcement tonight. We can't keep making laws and not have the backup, how are we supposed to, we don't have a person to go to every store every day to see if they have, did you use plastic bags today or not. So we have to... MR. MARKEL: Have you.... COUNCILWOMAN DOHERTY: You have to have all the backup that goes with it. you can't just willy nilly say plastic bags because it is going to save the environment, that's all well and good and we are all for saving the environment however, when you make a law, you have to think of the whole picture. You can't just think of, you know, you have to, sometimes we rush to make a law and it does more harm than good and that's what this Board has to look at the whole picture. So I don't think a million signatures would do it if we don't have the means to incorporate everything we want to incorporate with it. MR. MARKEL: So we'll add that to the list of arguments. The fact that it may not be unenforceable. Have you contacted the Town Board of East Hampton or Southampton to ask if they are having a problem with enforcement and how they do that. COUNCILWOMAN DOHERTY: Not in the last couple of weeks, no. MR. MARKEL: Before that you have? COUNCILWOMAN DOHERTY: I have talked to one or two members of Southampton and they really didn't have an answer for me. They said I haven't heard of any problems. MR. MARKEL: Mmm. Okay. There's your answer. They haven't heard of any problems. COUNCILWOMAN DOHERTY: That doesn't mean that people still aren't using plastic bags, they just haven't gone and looked into it. MR. MARKEL: Mmmm. COUNCILWOMAN DOHERTY: I could tell you many laws that we have on the books here that we don't have any problems but I am sure people are breaking them. But I haven't heard any problems, so it could go either way. It could be positive or negative. Southold Town Board Meeting page 38 October 6, 2015 MR. MARKEL: Mmmm. Mmmm. Okay. SUPERVISOR RUSSELL: First I have said this... MR. MARKEL: Do you mind if I sit down, I have a problem.... SUPERVISOR RUSSELL: Please. I have never implied in any way that people are going to drive to Riverhead because they want to go to a store that uses single use plastic bags but what I have said was small business owners, which is the people we have in Southold Town, operate on a profit margin, on a narrow band of income versus expenses. If you are going to add expenses to their plate while you are not adding those expenses and you are narrowing their band of income versus expenses and you are not making the behemoth giants, the corporate giants in Riverhead live by those same rules, they are already having trouble competing because of the purchasing power, they are trying to compete against, from the Wal-Mart's, the Targets. They are already trying to do that and it is not easy. If you are going to layer these costs, you are going to narrow their band, their profitability. Do you know how much a single use plastic bag costs? MR. MARKEL: Inaudible. SUPERVISOR RUSSELL: How much? Do you know? MR. MARKEL: Inaudible. SUPERVISOR RUSSELL: Yes. Because you are suggesting we are not doing research or I am certainly not doing research. I am. And the cost of plastic bags is about nine times as much, so we need to think about these issues before we simply rush into it. Now, I have made it clear several times, I think the countywide approach is the more effective approach, it will certainly have more of an impact on the environment. But Riverhead, if you can get Riverhead on board, I have said this many times in a public setting, at least my mind would be at ease in imposing it on local businesses. I mean, that's, and you had just said a minute ago that you don't think it's right to ask businesses to be at a competitive disadvantage, that's exactly my point. You have illustrated, very succinctly, what I have been saying all along. You apparently agree with me on that point, so let's make sure that the businesses all compete on a level playing field, particularly the small businesses in Southold Town. MR. MARKEL: Thank you for your time. SUPERVISOR RUSSELL: Thank you, Dave. Would anybody else like to address the Town Board? Councilman James Dinizio, Jr. COUNCILMAN DINIZIO: I would like to comment. You know the source of my problem isn't necessarily that a million people sign a petition because you know, like Jill said, we have responsibilities to the whole town not just to a certain group or somebody who signs a petition Southold Town Board Meeting page 39 October 6, 2015 and my problem with this law is that there was a reason why they started with the bags in the first place, the plastic bags. Okay, and it wasn't because they wanted to throw them in the ocean after they were used one, okay, that wasn't the reason. The reason was because they are economical to use and they also don't come back to them which in my mind and that's the reason why I don't eat at salad bars and buffet diners because I worry more about cross contamination, I worry about someone and I wrote a little thing here and you just tell me if you think I am wrong. It says, if someone buys four or five of these canvas bags and they load them up with groceries and they bring them home. After unloading the cloth bags, they throw them in the corner behind the front door, okay? One person could do that or five people or ten people, if they are responsible, they could do that. Okay? Until they need them again. in the meantime, the dog sleeps on them or worse, the cat pees on them or whatever, okay, and then a week later they grab the bags and bring them back to the grocery store and they bring those disgusting bags that a dog has slept on or a cat has done worse or bedbugs have crawled into or roaches that may be in their house have gone into, okay, and they take those bags and they take one out and they lay it on the vegetables that we all see out there in the IGA and they start loading it up with tomatoes. Okay, so now we are cross contamination from a house back into the grocery store. That's my concern. Okay? and from what I researched, these bags, these canvas bags can be very bad for that type of thing because they are canvas, they are cloth and they tend to hold onto things and bacteria grows in them very easily, okay? It's a real concern, okay? And it's one of the reasons why they went to the plastic so they wouldn't have people bringing in their things that they have had at their homes or wherever back into where we all get our food. Okay? And that's my concern. Now there's ways to solve that problem, okay but unfortunately we as a town aren't in I charge of that, okay. You know, they could put sneeze guards over the vegetables, make it so you can't put something down on them but we don't tell IGA to do that, the health department tells them to do that. They are the people that inspect these places to ensure that our food is not cross contaminated by some irresponsible person at home, okay. So that's my thing with the canvas bags. Just tell me how we are going to avoid that? it's irresponsible but no more irresponsible than taking those plastic bags and bringing them to the beach and letting them go into the water, okay, it's no more irresponsible than that but you probably get just as much negative from both but in my mind, if I am going to make the decision, I am going to want to know how that cross contamination is going to be solved. And I know one thing, this Board I can't make that decision. Someone else has to. The county has all the right people to do that I job. And that's where I think you have gone. If Riverhead goes, then listen, don't make any difference to me. If you want to go up to the County and you want to preach, call me up, I will I i go with you. Okay? Because the plastic bags shouldn't be there, it's obvious, okay. The lady that was here two weeks ago, she had a point but I have done the research, there's two sides to i that story. The other side is, is there anymore prettier than the side that you are explaining with the seagull having that thing wrapped around, it's not. So I don't think you know businesses would really be hurt quite honestly, they just would start using paper, paper has its own 1 problems, more trips, more storage space, more fuel because they are heavier, you know, the 1 whole nine yards, again, it's a drop in a bucket if you are talking about more fuel for brown bags but guess what? It's a drop in a bag for these plastic bags if we outlaw them. Little Southold Town outlaws them. Doesn't make a big difference in the big scheme of things, especially when you consider the fact that all of our garbage, okay, the stuff that we throw away in our yellow bags goes into an incinerator. It never makes it to the ocean where, when I was doing my Southold Town Board Meeting page 40 October 6, 2015 research, they were showing the ocean full of garbage with these plastic bags in it, okay, someone's dumping that. It's not Southold Town. And I don't believe it's any town on the east end but in any case, that's where your problem is. The problem isn't in the IGA, the problem is the person that takes the bag out of IGA and does the irresponsible thing. I don't want to make a decision irresponsibly without at least some expert telling me that the reason why those plastic bags are there is because someone was worried about cross contamination at some point in time and they solved that problem with these bags. That's all I have to say. SUPERVISOR RUSSELL: Jim, I want to thank you for ruining all future dinners at the Golden Corral for me. All you can eat buffet is now out of the question. COUNCILMAN.DINIZIO: I am sorry. SUPERVISOR RUSSELL: Thank you. COUNCILMAN DINIZIO: I didn't want you to think I was just being.... SUPERVISOR RUSSELL: Would anybody else like to comment? Please. UNIDENTIFIED: Inaudible. COUNCILMAN DINIZIO: Yes, but I don't want that to be my problem. UNIDENTIFIED: Inaudible. COUNCILMAN DINIZIO: I am going to answer that, Bob, because not everybody is responsible. Those are the people that we have to guard against. Quite honestly, okay? People drink, they drive, they kill people. Okay? You don't. Am I sure about that? I don't know. Hey, look, you could go out tomorrow and do the same thing, I mean, that's what people have to contend with. That's what these store owners have to contend with, so therefore, yeah, you are a great guy, you wash your bags but not everybody will. Okay? Not everybody is that responsible. It becomes my problem when they bring their roaches into my vegetables in IGA. Okay? That becomes my problem because now I have got to go out there and clean that. Or I get it when I put it in my bag and bring it back home. The same with bedbugs. You go to a movie theater, you can't go to a movie theater sometimes because they have got bedbugs. How do they get the bedbugs? People coming in, sitting down. That's how it happens. UNIDENTIFIED: Inaudible. COUNCILMAN DINIZIO: Absolutely not. I will tell you what the, here's the problem. That bag doesn't go back into the store. It doesn't go back into the store. It's a single use. You're telling me that,they are wasteful because they don't get used again. - UNIDENTIFIED: Inaudible. Southold Town Board Meeting page 41 October 6, 2015 COUNCILMAN DINIZIO: They are single use, you are supposed to throw them away. UNIDENTIFIED: Inaudible. COUNCILMAN DINIZIO: All I am saying to you is, you would only make the problem worse, okay, by allowing these cloth bags that people use and reuse, again and again and you don't know where they are coming from. SUPERVISOR RUSSELL: Jim, I want to thank you, now you have ruined going to the movies for me. Is there anything else you want to kill before.... COUNCILMAN DINIZIO: No, I am sorry. I think deeply when I am alone. SUPERVISOR RUSSELL: Law and Order causes dementia now, you have ruined my lifestyle. COUNCILMAN DINIZIO: Well, you let me talk. SUPERVISOR RUSSELL: Would anyone else like to comment? Councilman Ghosio COUNCILMAN GHOSIO: I just have a couple of announcements if you don't mind. I just want to make sure that I get this out. Just a couple of announcements from some of the committees that I am liaison for. The Helicopter Committee is going to be holding a meeting at the Southold Rec Center in Peconic on October 17th,that's a Saturday morning at 9:00. And this is going to be basically an opportunity for the committee to get together and the public is invited and just get kind of an update on what's been going on and what the action was in terms of statistics since East Hampton made some changes with the flight restrictions at the airport there. And we will have an update on that and also further discussion of how we are going to try to press for the north shore route extension around Plum Island, so anybody is invited to that. Again, October 17th Saturday at 9:00 AM on Peconic Lane. And lastly the Southold 375th Anniversary Committee is putting together a time capsule and that's been discussed I know before but I just wanted to mention it again. And we are going to be burying that time capsule on October 21St at 5:00 on Silversmiths Corner, on the corner of Youngs Avenue and Main Road in Southold. And there will be aroclamation as well for that. So, of course, we are celebrating g the 375th anniversary, that's a great way of doing it, so I hope a lot of people come. Thank you. Southold Town Board Meeting page 42 October 6, 2015 Supervisor 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 8:44 P.M. * * * * * Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:James Dinizio Jr, Councilman AYES: Robert Ghosio, James Dinizio Jr, Jill Doherty, Scott A. Russell ABSENT: William P. Ruland, Louisa P. Evans