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Home My WebLink AboutTB-02/23/2016 ELIZABETH A.NEVILLE OS�FFd(�-C Town Hall,53095 Main Road TOWN CLERK ��o�' oGy PO Box 1179 Q � Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o � � Fax(631)765-6145 MARRIAGE OFFICER y�o! .�a°� Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER � southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING February 23, 2016 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, February 23, 2016 at the Meeting Hall, Southold,NY. Call to Order 7:30 PM Meeting called to order on February 23, 2016 at Meeting Hall, 53095 Route 25, Southold,NY. Attendee Name � Organization ; Title Status ; Arrived James Dinizio Jr Town of Southold � Councilman ` Present � �.�. �.. .� ._�.V.., � .� �.�__ _ _ �.�.__. _ .� __ ._..._ �William P. Ruland �Town of Southold � Councilman �Present �.� �� . .__._..w.�.. w��..� _ _________ ..____..w.. ___�_.n...�.__. w.�..__�__ Jill Doherty � � i Town of Southold ,� Councilwoman Absent � Robert Ghosio Town of Southold � Councilman Present � �..._��....�.a...�.�._._...____,..�__..�.._. �:.�..._..a...w... � _..V.�. _..w.. _ ._._._..�_�mm_. . _. � _�.._� 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 a �William M Duffy�� Town�of Southold � � Town Attorney Present ��'�� M .� � � W I. Renorts 1. Recreation Department Monthly Report 2. Program for the Disabled Monthly Report 3. Board of Trustees Monthly Report 4. Dept of Public Works Monthly Report 5. Monthly Report-Judge Price 6. Monthly Report-Judge Hughes 7. Monthly Report-Judge Evans 8. Monthly Report-Board of Trustees f Southold Town Board Regular Meeting February 23, 2016 page 2 9. Town Clerk Monthly Report 10. Recreation Department Monthly Report II. Public Notices III. Communications IV. Discussion 1. 9:00 Am -John Cushman 2. 9:15 Am -John Sepenoski 3. 9:30 Am - Chief Flatley 4. 9:45 Am - Chris Baiz, Agricultural Advisory Committee 5. 10:00 Am -Leanne Reilly,Justice Court Director 6. 10:15 Am - Jim Bunchuck and Lloyd Reisenberg 7. 10:30 Am -Bob Kuhne, Old Town Art's Guild ' 8. Councilman Ghosio Discussion 9. Councilman Dinizio Discussion 10. Possible Code Amendment to Chapters 144 & 280 ` 11. EXECUTIVE SESSION-Potential Property Acquisition(S),Publicity of Which Would Substantially Affect the Value Thereof , 12. . EXECUTIVE SESSION-Labor, Matters Involving Employment of Particular Person(S) 13. Special Event Request-North Shore Bike Tour 14. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 11:27 AM for the purpose of discussing the following matters: � Property Acquisition—Publicity of which would substantially affect the value thereof. 11:15 AM—Melissa Spiro, Land Preservation � Labor—Matters involving employment of particular person (s) 11:�30 AM—Heather Lanza Southold Town Board Regular Meeting February 23, 2016 page 3 RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Ghosio, Evans, Russell ABSENT: Jill Doherty 15. Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 11:56 AM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Ghosio, Evans, Russell ABSENT: Jill Doherty 16. Motion To: Recess 9:00 AM meeting RESOLVED that the Town Boaxd of the Town of Southold hereby Recess this 9:00 AM meeting of the Town Board until the Regular 7:30PM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Ghosio, Evans, Russell ABSENT: Jill Doherty Motion To: Reconvenes 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby reconvenes the 9:00 AM meeting of the Southold Town Board at this 7:30PM Regular Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Scott A. Russell, Supervisor SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Ghosio, Evans, Russell ABSENT: Jill Doherty Pled�e to the Fla� Openin�Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: My apologies to everyone in the audience and the Town Board. I was in the office drafting what I like to call War and Peace part II. Please rise and join in the Pledge of Allegiance. Thank you. I would invite anybody that would like to address the Town Board on any of the agenda items to please feel free. (No response) Southold Town Board Regular Meeting February 23, 2016 page 4 V. Resolutions 2016-201 CATEGORY.• Audit I�EPARTiIIE�VT: Town Clerk Approve Audit 1tESOLVED that the Town Board of the Town of Southold hereby approves the audit dated Februa 23 2016. ✓Vote Record-Resolution RES-2016-201 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled __ _ .- - - -- -- -.- -. --- James Dimzio Jr Voter L�f ❑ ❑ ❑�� ❑ Withdrawn ❑ Superv�sor's Appt W�11iam P Ruland � Voter 0 ❑ ❑ ❑ ❑ Tax Rece�ver's Appt Jil1 Doherty , Voter ❑ ❑ ❑ � ❑ Rescmded Robert Ghos�o Seconder, C�J � ❑ ❑ ❑ ❑ Town Clerk's Appt Lou�sa P Evans Mover � ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ' 0 ❑ ❑ ❑ ❑ No Act�on ❑ Lost 2016-202 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, March 8, 2016 at the Southold Town Hall, Southold, New York at 4:30 P. M. ✓Vote Record-Resolution RES-2016-202 0 Adopted ❑ AdoptedasAmended -- - - ---- --- --_ -- --- - -- . - � ,----- - ❑ Defeated YeslAye No/1Vay Abstain Absent ❑ Tabled James D�mz�o Jr Voter � ❑ ❑ ❑ ❑ Wrthdrawn W�ll�am P Ruland � Voter � ❑ ❑ ❑ ❑ Supervisor's Appt Jil]Dolierty Voter ❑ � ❑ ❑ C�1 ❑ Tax Receiver's Appt Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Rescmded Lomsa P.Evans Mover 0 ' ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell � Vo[er C✓J ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Acuon ❑ Lost Southold Town Board Regular Meeting February 23, 2016 , page 5 2016-203 CAT�GORg:• BudgetModification DEPARZ'ML'NT: Public Works 201 S DPW Budget Mod Financial Inzpact.• To cover year end shortages in certain accounts RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 Buildings and Grounds & Street Lighting budgets in the General Fund Whole Town as follows: From• � A.1620.2.400350 Dredging $19,000 A.1620.4.400.600 Equipment Maintenance &Repairs 5,371 A.5182.4.400.600 Light Maintenance &Repairs 953 Total $25,324 To: A.1620.1.100.100 Full Time Employee Regular Earnings $23,742 A.1620.1.100.200 Full Time Employee Overtime Earnings 479 A.1620.4.600.400 Travel 150 A.5182.4.100.550 Streetlight Parts & Supplies 953 Total $25,324 ✓•Vote Record-Resolution RES-2016-203 ' - � Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Wrthdrawn James Dm�z�o Jr Mover L�I ❑ ❑ ❑ ❑ Superv�sor's Appt . W��am P.Ruland Seconder , 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter ❑ ❑ ❑ 0 ❑ Rescmded Robert Ghosio Voter Q � ❑ ❑ ❑ ❑ Town Clerk's Appt ' Louisa P Evans Voter Q ❑� ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-204 C.9TL'GOIdY.• Close/Use Town Roads Southold Town Board Regular Meeting February 23, 2016 page 6 DEPARTMENT: Town Clerk St. Patrick's Day Parade in Cutchogue Financial Impact: Total Department Cost for Event =$1,176.39 RESOLVED that the Town Board of the Town of Southold hereby grants permission to The North Fork Chamber of Commerce and the Cutchogue Fire Department to use the following route: staging on Eugene's Road and begin at Cox Lane, west on the Main Road to Cases Lane, ending at the Village Green for its 12th Annual St. Patrick's Day Parade in Cutchogue, on Saturday, March 12, 2016 beginning at 1:00 PM, provided they adhere to all the conditions in the Town's Policy for Special Events on Town Properties. No objects of any kind shall be thrown to event spectators. All fees, except the clean-up deposit, shall be waived. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ✓Vote Record-Resolution RES-2016-204 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain ' Absent ❑ Tabled -- . -. - ;- ❑ Wrthdrawn James Dmizio Jr Voter � ❑ ❑ , ❑ ❑ Supervisor's Appt W�Iham P Ruland Mover , C�J ❑ ❑ ❑ ❑ Tax Receiver's Appt J�II Doherty Voter ❑ ❑ ❑ 0 ❑ Rescmded Robert Ghosio Voter C ❑ ❑ ❑ ❑ Town Clerk's Appt Lou�sa P.Evans Seconder, �O ❑ ; ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-205 Cf1TEGORY.• Budget Modification DEPARTIVIENT: Accounting Create Capital Budget for Additional Laserfiche RIO Licenses Financial Impact:Forn�ally create Capital Budget for additional Laserfiche RIO licenses WHEREAS the Town Board of the Town of Southold adopted a 2016 Capital Budget which includes a$17,622 appropriation for additional Laserfiche RIO licenses, 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 2016 Capital Budget: Southold Town Board Regular Meeting February 23, 2016 page 7 Capital Project Name: Laserfiche RIO Licenses Financing Method: Transfer from General Fund Whole Town Budget: Revenues: H.5031.10 Interfund Transfers $17,622 Appropriations: H.1680.2.500.350 Central Data Processing Equipment& Capital Outlay Laserfiche Rio $17,622 ✓Vote Record-Resolution RES-2016-205 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - • - - - - ❑ W�thdrawn James Dm�zio Jr Voter C�1 ❑ ❑ ❑ ❑ Supervisor's Appt W��am P Ruland Voter 0 ❑ ' ❑ ❑ ❑ Tax Recerver's Appt Jill Doherty Voter ❑ ❑ ❑ C�1 ❑ Resc�nded Robert Ghosio Seconder � ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ � ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ i ❑ ❑ ❑ No Action ❑ Lost 2016-206 C'ATEGDIZY: Close/Use Town Roads DEPAi2T1YlENT: Town Clerk Semper Fi 5 K Financial Impact: Total Department Cost for Event: $506.26 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Semper Fi Fund to hold a 5 K run on May 29, 2016 from 8:30 AM to 10:30 AM,provided they adhere to the Town of Southold Policy for Special Events,on Town Properties and Roads. All Town fees for this event, with the exception of the Clean-up Deposit, shall be waived. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ✓Vote Record-Resolution RES-2016-206 0 Adopted _ _ _ � _ __ _ __ _ _ ❑ Adopted as Amended YeslAye No/Nay Abstain , Absent ❑ Defeated James Diniz�o Jr Voter � � ❑TMmm� ❑ � ❑� ❑ Tabled W�Iliam P Ruland � Voter � ❑ ❑ , ❑ ❑ Withdrawn Jill Doherty Voter � ❑ ❑ ❑ � ❑ Supernsor's Appt Robert Ghosio Mover ; 0 ❑ ❑ ❑ ❑ Tax Recerver's Appt Louisa P Evans Seconder � ❑ ❑ ' ❑ ❑ Rescinded Scott A Russell Voter � � ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Southold Town Board Regular Meeting February 23, 2016 page 8 ❑ No Act�on ❑ Lost 2016-207 CATE(�ORY.• Close/Use Town Roads IDEI'ART1�fiL'NT: Town Clerk Not-th Shore Bike Tour Financial Inapact: Total Department Cost for Event: $61.17 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Live On NY to use the following route for its North Shore Bike Tour, beginning at Osprey Dominion Winery, Main Road, Peconic, east on Route 25 to Moore's Lane, Greenport, north on Moore's Lane to the North Rd, east to Orient Point State Park, Orient and back to the winery, on Sunday, May 22, 2016 from 8:00 AM to 4:00 PM provided they follow all the conditions in the Town's Policy for Special Events on Town Properties. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. RESOLVED that permission is denied to use the Southold Town Recreation Center Parking lot for over-flow parking and instead grants permission to use the parking lot at the Peconic Lane Community Center (next to Recreation Center) for over-flow parking. ✓Vote Record-Resolution RES-2016-207 � Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - ❑ Withdrawn James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt W>»iam P Ruland Seconder C�1 ❑ ❑ ❑ ❑ Tax Recerver's Appt Jill Doherty Voter ❑ ❑ ❑ � ❑ Rescmded Robert Ghos�o Voter ' C✓f ❑ ❑ ❑ ❑ Town Clerk's Appt Lou�sa P Evans Voter � C✓f ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-208 CATEGORY.� Budget DEPARTi'i�ENT: Fishers Island Ferry District FIFD Warrant Z/15/16 Southold Town Board Regular Meeting February 23, 2016 page 9 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 February 15, 2016 in regard to the warrant of$64,329.98. ✓Vote Record-Resolution RES-2016-208 ' ' 0 Adopted ❑ Adopted as Amended ❑ Defeated � � yes/Aye ' No/Nay ; Abstain Absent ❑ Tabled — — — - ❑ W�thdrawn James Dm�z�o Jr Voter � �� '� ❑ ❑ �❑ ❑ Superv�sor's Appt W�Il�am P Ruland Mover 0 � ❑ ❑ ❑ ❑ Tax Receiver's Appt ��Doherty � Voter ❑ � ❑ ❑ � � ❑ Rescmded Robert Ghos�o Voter � 0 � � ❑ ❑ ❑ Town Clerk's Appt Lou�sa P.Evans Seconder Lf ❑ � ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter � ' ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-209 CATEGORY.• Budget Modification DEPART�YIENT: Fishers Island Ferry District 201 S FIFD Budget Modification Financial Impact: cover over expenditures 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 February 15, 2016, which amended the 2015 Fishers Island Ferry District budget in the amount of$37,100.00. ✓Vote Record-Resolution RES-2016-209 0 Adopted ❑ Adopted as Amended ❑ Defeated - • - ---- - - ---------------.._._----__,____.�___�_-- Yes/Aye , No/Nay Abstain ; Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter � � ❑ ❑ ❑ ' ❑ Supervisor's Appt W�11�am P Ruland Voter Q ❑ ❑ ❑ ❑ Tax Recerver's Appt Jill Doherty Voter ❑ � ❑ ❑ 0 ❑ Rescmded Robert Ghosio Seconder � ❑ � ❑ ❑ Town Clerk's Appt Lomsa P.Evans Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 � ❑ ❑ ❑ ❑ No Action ❑ Lost Southold Town Board Regular Meeting February 23, 2016 page 10 2016-210 CATEGORY.• Contracts,Lease&Agreements D�d'f1RT�'�IENT: Fishers Island Ferry District FIFD Grass Lands Management Plan 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 February 15, 2016in regard to the 2016 Grass Lands Management Plan. ✓Vote Record-Resolution RES-2016-210 0 Adopted ❑ Adopted as Amended ❑ Defeated ' Yes/Aye No/Nay Abstain Absent ❑ Tabled . - _ . --e -- James Dm�zio Jr ' Voter , � ❑ ❑ ❑ ❑ Withdrawn ❑ Superv�sor's Appt W��am P Ruland Voter , � ❑ � ❑ ❑ ❑ Tax Recerver's Appt ��Doherty Voter � ❑ ❑ � ❑ � 0 ❑ Rescmded Robert Ghos�o Mover L�f ❑ ❑ ❑ ❑ Town Clerk's Appt Lou�sa P Evans Seconder 0 � ❑ � ❑ � ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ � ❑ ❑ ❑ No Act�on ❑ Lost 2016-211 CATEGORY.• Bid Acceptance I)EPARTN�ENT.• Fishers Island Ferry District FIFD Goose Island Corp. � 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 February 15, 2016 in regard to the bid of Goose Island Corp. ✓Vote Record-Resolution RES-2016-211 C�'i Adopted ❑ Adopted as Amended ___ _ _ _ __ _ _ ❑ Defeated ' Yes/Aye No/Nay Abstain � Absent - -- - - -- --------------- - - --- - ❑ Tabled James Dinizio Jr Mover C�1 � ❑ ❑ ❑ ❑ Withdrawn William P Ruland Seconder 0 � ❑ ❑ ❑ ❑ Supervisor's Appt ,lill Doherty Voter ❑ ❑ ❑ Q ❑ TaY Recerver's Appt Robert Ghosio Voter � ' ❑ ❑ ' ❑ ❑ Rescmded Louisa P Evans Voter �O ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter 0 , ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Southold Town Board Regular Meeting February 23, 2016 page 11 2016-212 CATEGOR�': Bid Acceptance DEPART�YIENT: Fishers Island Ferry District FIFD Krueger Window &Siding, LLC 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 February 15, 2016 in regard to the bid of Krueger Window& Siding, LLC. ✓Vote Record-Resolution RES-2016-212 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ - ❑ W�thdrawn James Dm�zio Jr Voter � ❑ ❑ ❑ ❑ Supervisor's Appt W��am P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Recerver's Appt Ji11 Doherty Voter ❑ ❑ ❑ � ❑ Rescmded Robert Ghos�o Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder � ❑ ❑ � ❑ Supt Hgwys Appt Scott A.Russell Voter � ❑ ❑ ❑ ❑ No Achon ❑ Lost 2016-213 Cf1TEGDIZY.• Employment-Town I��PAli7'1VIL'NT: Accounting Accepts Resignation of George Az�gustine 1�ESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Geor�e Au�ustine from the position of part time School Crossing Guard for the Police Department effective February 1, 2016. ✓Vote Rccord-Resolution RES-2016-213 � Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated Will�am P Ruland ' Voter ' 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter ❑ ❑ ❑ � ❑ W�thdrawn Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Mover L�I ❑ ❑ ❑ ❑ Tax Recerver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ Southold Town Board Regular Meeting February 23, 2016 page 12 ❑ Rescmded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2016-214 CATEGORY.• Contracts, Lease&Agreements lDEPART1V11L'NT: Recreation Hire Spring 2016 Recreation Prograna Instructor 1ZESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement with the following individual for the Spring 2016 Recreation programs, all in accordance with the approval of the Town Attorney. Funding for the Instructor listed below has been budgeted for in the Recreation Department's 2016 instructor line A.7020.4.500.420. Nick Cordone (Introduction to Pickleball) $30/hour ✓Vote Record-Resolution RES-2016-214 L�J Adopted ❑ Adopted as Amended ❑ Defeated -_...__�_ �__.___ _. � _ ___'__. ._.__,...., _—_,____.__.,.�_ ._.�.�____---_. ._�. ' Yes/Aye No/Nay ; Abstain Absent ❑ Tabled - -- --- James Dmizio Jr , Voter C�J ❑ ❑ ❑ ❑ Wididrawn - ❑ Superv�sor's Appt W��am P Ruland I Voter 0 ❑ ❑ ❑ ❑ Tax Recerver's Appt Jil1 Doherty Voter ❑ ❑ ❑ 0 ❑ Rescmded Robert Ghosio Mover ` I�J ❑ ❑ ❑ ❑ Town Clerk's Appt Lou�sa P.Evaos Seconder � ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter � ❑ ❑ ❑ ❑ No Act�on ❑ Lost 2016-215 CATEGORY.• Budget Modification I)EP�R7IYIENT: Recreation Budget Modification-Recreation Department Financial Impact:Transfer of funds to cover expenses for computer carts for online registration. No net budget impact. Southold Town Board Regular Meeting , February 23, 2016 page 13 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2016 General Fund Whole Town budget as follows: From: A.7020.4.100.100 Office Supplies and Materials $1,200 Total $1,200 To: A.7020.2.500.200 Computer Equipment $1,200 Total $1,200 ✓Vote Record-Resolution RES-2016-215 � Adopted ❑ Adopted as Amended ❑ Defeated _.____... _._- --____�_____. _.___ _____.._-. _�._��.. --- -- -------__ ._ ___---- Yes/Aye No/Nay Abstain Absent ❑ Tabled > James Dmizio Jr Mover � ❑ ❑ ❑ ❑ W�thdrawn ❑ Superv�sor's Appt W��1�am P.Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Recerver's Appt Ji11 Doherty Voter ❑ ❑ ❑ I�J ❑ Rescmded Robert Ghos�o � Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Lou�sa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter C�1 ❑ ❑ ❑ ❑ No Act�on ❑ Lost 2016-216 CATEGORY.• Organizational DEPARTMENT: Highway Department Deputy Superintendent of Highways Superintendent of Highways Vincent Orlando appoints Ro�er Tabor as Deputy Superintendent of Hi�hways for the term beginning on February 29, 2016 through December 31, 2016. ✓Vote Record-Resolution RGS-201G-216 Q Adopted ❑ Adopted as Amended � � � Yes/Aye No/Nay Abstain Absent ❑ Defeated James D�niz�o Jr Voter ' L�J � ❑ ❑ ❑ ❑ Tabled , W�Iliam P Ruland Mover C�1 ❑ ❑ ❑ ❑ W�thdrawn ❑ Supervisor's Appt ��»Doherty Voter ❑ ❑ ❑ � ❑ Tax Rece�ver's Appt Rober[Ghos�o Voter � ❑ ❑ ❑ ❑ Rescinded Louisa P.Evans Seconder � ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A.Russell Voter � ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action Southold Town Board Regular Meeting February 23, 2016 page 14 ❑ Losc 2016-217 CATEGORY.• Employment-Town I)EPART1I�IENT.• Accounting Create and Set Salary for Government Liaison O�cer RESOL�ED that the Town Board of the Town of Southold hereby creates the�osition of Government Liaison Officer and establishes a rate of pay in the amount of$74,191.33 per annum for 2016. ✓Vote Record-Resolution RES-2016-217 0 Adopted ❑ Adopted as Amended ❑ Defeated -- - " "- " —" " "- � Yes/Aye No/Nay Abstain Absent ❑ Tabled . - ❑ Withdrawn James Dmizw Jr Voter � ❑ ❑ ❑ ❑ Supervisor's Appt W�lliam P.Ruland Voter � ❑ ❑ ❑ ❑ Tax Recerver's Appt Jill Doherty � Voter ❑ ❑ ❑ � ❑ Rescmded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter , � ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-21� CAT'EGORI:• Contracts,Lease&Agreements DEI'Al2TIVIENT: Town-Clerk RIO Laserfiche Project Agreenzent RESOLVED that the Town Board of the Town of Southold hereby approves Change Order#1 to the Town of Southold RIO Laserfiche Project Agreement with General Code Publishers Corporation and authorizes Supervisor Scott A. Russell to execute the agreement in an amount not to exceed $312.00, pursuant to their invoice dated February 19, 2016, subject to the approval of the Town Attorney and Town Clerk. ✓Vote Record-Resolution RES-2016-218 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James D�mzio Jr Voter � ❑ ❑ ❑ ❑ Defeated W�lliam P Ruland Voter 0 ❑ ❑ ❑ ❑ Tabled J�II Doherty Voter ❑ ❑ ❑ � Southold Town Board Regular Meeting February 23, 2016 page 15 ❑ Wrthdrawn Robert Ghos�o ; Mover � � ❑ ; ❑ ❑ ❑ Supervisor's Appt Lomsa P.Evans � Seconder 0 ❑ , ❑ ❑ ❑ Tax Recerver's Appt Scott A Russell i Voter 0 ❑ ❑ ❑ ❑ Rescmded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2016-219 CATEGORY.• Contracts,Lease&Agreements I�EI'AI�TMEN'l: Town Clerk 201 S Szrffolk County Multi-Jurisdictional Debris Management Plan WHEREAS, the Town of Southold has, by authorizations of the Southold Town Board (Res #s 2015-305 and 2015-427), in cooperation with the Suffolk County (the County) Department of Fire, Rescue and Emergency Services, along with the ten (10) Towns within the County (the "Planning Partners"),partnered in the development of a Multi-Jurisdictional Debris Management Plan(the Plan)proposed by the Federal Emergency Management Agency (FEMA) to provide a mechanism to coordinate inter-municipal debris management planning efforts in Suffolk County in the aftermath of emergency events subject to cost reimbursement from FEMA; and WHEREAS,through this cooperation the Town of Southold has entered into an Inter-Municipal Agreement with the County to be included in this Debris Management Plan; and WHEREAS, through the efforts of the Planning Partners, including the Town of Southold, a draft Debris Management Plan was completed in November 2015; and WHEREAS,the Planning Partners, including the Town of Southold have committed to adopt this Debris Management Plan upon acceptance and approval by FEMA; and WHEREAS, FEMA approved the 2015 Suffolk County Multi-Jurisdictional Debris Management Plan, including Southold's Annex thereto, in a letter dated December 14, 2015; now therefore be it RESOLVED, that the Town Board of the Town of Southold, being the lead agency under SEQRA, hereby determines that this resolution constitutes a Type II action; and be it further RESOLVED, that the Board adopts the 2015 Suffolk County Multi-Jurisdictional Debris Management Plan as approved by FEMA on December 14, 2015, and will execute the actions identified in the Plan that pertain to the Town; and be it further Southold Town Board Regular Meeting February 23, 2016 ' page 16 RESOLVED,that as detailed in the Suffolk County Multi-Jurisdictional Debris Management Plan, the Supervisor is authorized to enter into a Mutual Aid Agreement between the Town and one or more of the Planning Partners listed in the Plan, subject to the prior approval of the Southold Town Board and the Town Attorney; and be it further RESOLVED, that the Town of Southold will adhere to the adopted Plan to guide pre- and post- disaster debris management actions for which it may seek FEMA reimbursement funding; and be it further RESOLVED,that in such cases the Town will coordinate the strategies identified in the Plan with other Plan Partners; and be it further RESOLVED, that the Town will work with Suffolk County and the other Planning Partners to • provide a complete update of the Plan no less than every five (5) years ✓Vote Record-Resolution RES-2016-219 . � � 0 Adopted ' ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - James Dm�z�o Jr Mover C�1 , ❑ ❑ ❑ ❑ W�thdrawn ❑ Supervisor's Appt W�11�am P Ruland Seconder � ❑ ❑ ❑ ❑ TaY Receiver's Appt Jill Doherty Voter ❑ ' ❑ ❑ � , ❑ Rescmded Robert Ghos�o Voter C�f ❑ ❑ ❑ ❑ Town Clerk's Appt Lou�sa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter � ❑ ❑ ❑ ❑ No Act�on ❑ Lost 2016-220 � C�ITEGORY: Budget Modification DEP.9R7'Nl�'�l�'T: Highway Department 201 S Budget Mod-Highway � Financial Impact: to cover over expenditures RESOLVED that the Town Board of the Town of Southold herby modifies the 2015 General Fund Whole Town budget as follows: To: � A.5010.1.100.100 Superintendent of Highways, - ' P.S., Full Time Earnings $965.00 Total' � $965.00 , . From• � , A.5010.1.100.200 Superintendent of Highways, Southold Town Board Regular Meeting February 23, 2016 page 17 P.S., Overtime Earnings $965.00 Total $965.00 ✓Vote Record-Resolution RES-2016-220 � Adopted ❑ Adopted as Amended ❑ Defeated �� ' a �� T yes/Ayc No/Nay Abstain � Absent� ❑ Tabled ._ _ < — -•-- James Dinizio Jr , Voter Q ❑ � ❑ ❑ ❑ Withdrawn ❑ Superv�sor's Appt W�11�am P.Ruland ; Mover , � � ❑ ❑ ❑ ❑ Tax Receiver's Appt J�II Doherty , Voter ❑ ❑ � ❑ C�1 ❑ Rescmded Robert Ghosio Voter � ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans � Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell � Voter C�] ' ❑ , ❑ ❑ � No Action ❑ Lost - - - - - _- - - -- - - - -- - - 2016-221 �'�47`EGORY.• Contracts,Lease&Agreements lD�l'ART!'��EN�': Town Attorney 2016 Agreenaent W/Wayne Galante-Court Reporter for Trustees RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and Wayne I. Galante, Certified Court Reporter, or his agent, in connection with Court Reporting Services for the Board of Trustees, for the period from January 1, 2016 through December 31, 2016, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2016-221 • Q Adopted ❑ Adopted as Amended ❑ Defeated - -- --------------- -----�-- - -----�- -- - -- — --- - Yes/Aye No/Nay Abstain , Absent ❑ Tabled _ _ _ - _ James D�mz�o Jr ' Voter 0 � ❑ � ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt W��am P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Recerver's Appt Jill Doherty ' Voter ❑ ❑ ❑ 0 ❑ Rescinded Robert Ghosio Seconder Q ' ❑ ' ❑ ❑ ❑ Town Clerk's Appt Lou�sa P Evans Mover Q � ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell � Voter Q ❑ ❑ ❑ ❑ No Act�on ❑ Lost Southold Town Board Regular Meeting � February 23, 2016 . page 18 2016-222 CATE�ORI:• Legal DEPAd�TMENT: Town Attorney Kolb Mechanical Corp. Clai�n Settlement RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the payment of the sum of$2,558.15 to Kolb Mechanical Corp. for repairs to a Kolb Meclianical vehicle in connection with property damage stemming from an incident on November 12, 2015, subject to the approval of the Town Attorney. , ✓Vote Record-Resolution RES-2016-222 � � � Adopted ❑ Adopted as Amended ❑ Defeated YeslAye No/Nay Abstain Absent "❑ Tabled -- -- -- - -- James Dm�zio Jr Votei � ❑ ❑ � ❑ Withdrawn ❑ Supervisor's Appt W�»>�P•Ruland Voter � ❑ ❑ ❑ ❑ Tax Receiver's Appt J�ll Doherty Voter ❑ ❑ ❑ Q ❑ Rescmded Robert Ghosio Mover C�7 ❑ ❑ ❑ - ❑ Town Clerk's Appt Louisa P Evans Seconder � ❑- ' ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑, ❑ ❑ ❑ No Action � � Lost . . 2016-223 - , C�flTEGORY.• Authorize Payment I3E�'ARTIYIENT: Town Attorney Authorize Payment to Thomas Scalia/Claim Settlement RESOLVED that the Town Board of the Town of Southold�hereby authorizes and directs the payment of the sum of$1,236.96 to Thomas Scalia for repairs to his vehicle, in connection with property damage stemming from an incident on December 3, 2015, subject to the approval of the Town Attorney. � ✓Vote Record-Resolution RES-2016-223 . QAdopted ..,_ ___. _ _._. ._� _ _. _ .,. . _ . .. a . _ .. ❑ Adopted as Amended - � Yes/Aye No/Nay Abstain Absent . ❑ Defeated James Dm�zio Jr Mover C�1 ❑ ❑ ❑ ❑ Tabled Wdham P Ruland Seconder 0 � ❑ ❑ ❑ W�thdrawn Jill Doherty Voter ❑ � � � ' ❑ Superv�sor's Appt , Robert Ghos�o Voter 0 ❑ ❑ ❑ ❑ TaY Recerver's Appt Lou�sa P Evans � Voter � ❑ ❑ ❑ ❑ Rescmded Scott A Russell Voter 0 � ❑ ❑ ❑ � ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Southold Town Board Regular Meeting February 23, 2016 page 19 ❑ No Action ❑ Lost ' 2016-224 CATEGORY.• Legal DEPARTIVIENT: Town Clerk Rio Laserfrche Capital Budget Project RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a contract between the Town of Southold and General Code Publishers Corporation in connection with the Laserfiche RIO Capital Budget Project for an additional fourteen(14)named full user licenses, not to exceed the amount of$17,612.00, all in accordance with the approval of the Town Attorney. ✓Vote Record-Resolution RES-2016-224 0 Adopted ❑ Adopted as Amended ❑ Defeated yes/Aye � No/Nay Abstain Absent ❑ Tabled ---. - ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Wil1�am P Ruland Mover ' 0 ❑ ❑ ❑ ❑ Tax Recerver's Appt Jill Doherty Voter ❑ ❑ ❑ 0 ❑ Rescinded Robert Gl�osio , Voter 0 , ❑ ❑ ❑ ❑ Town Clerk's Appt Lomsa P Evans Seconder 0 ; ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter � ❑ ❑ ❑ ❑ No Act�on ❑ Lost 2016-225 C�4TEGORY: Budget Modification I3EPARTNIEIVT.• Justice Court 2015 Budget Modifrcation-Justice Court Financial Impact: to cover over expenditures RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 General Fund Whole Town budget, as follows: To: A.1110.1.200.100 Part Time Employees Regular Earnings $830.00 Southold Town Board Regular Meeting - February 23, 2016 . page 20 � Total $830.00 From: . ' � , A.1110.4.100.200 Supplies &Materials � Laws Books $830.00 • Total $830.00 ✓Vote Record-Resolution RES-2016-225 � ' � Adopted ❑ Adopted as Amended ❑ Defeated ' Yes/Aye , No/Nay Abstain Absent ❑ Tabled , -- ❑ Wrthdrawn James Dimzio Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt �Will�am P Ruland Voter � ❑ ❑ ❑ ❑ Tax Rece�ver's Appt Jill Doherty Voter ❑ ❑ ❑ � ❑ Rescmded Robert Ghos�o � , Seconder �� ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter � ❑ ❑ ❑ � ❑ No Achon ❑ Lost 2016-226 � C�4TEGORY.• Planning DEPARTMENT: Town Clerk Planning Board'Annual Training Proposal 2016 � RESOLVED that the Town Board of the Town of Southold hereby authorizes and approves the Southold Town Planning Board's training proposal entitled "Planning Board Training � - Requirement Proposal for 2016" as sufficient to satisfy the training requirements for Planning officials pursuant to Town Law Section 271(7) (a-d). � ' ✓Vote Record-Resolution RES-2016-226 � '� � � � Adopted ❑ Adopted as Amended ' ❑ Defeated � � M � yes/Aye No/Nay Abstain Absent , ❑ Tabled ' - - ❑ W�thdrawn James Dmizio Jr Voter 0 ❑ ❑ - ❑ ❑ Supervisor's Appt W�»>am P Ruland Voter ' Q ❑ ❑ ❑ ❑ Tax Recerver's Appt Jill Doherty Voter ❑ ❑ ❑ Q' , ❑ Rescmded Robert Ghos�o Mover Q ❑ ❑ � ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder � ❑ � � ❑ . ❑ Supt Hgwys Appt Scott A Russell Voter' � ❑ ❑ ❑ ❑ No Act�on - ❑ Lost - Southold Town Board Regular Meeting February 23, 2016 page 21 2016-227 � � C'ATEGOR�': Employment-Town ` DEP�RTIidE1VT: Accounting � Accepts Resignation of Deborah Taylor - RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Deborah Tavlor from the position of part time Detention Attendant for the Police Department effective February 16, 2016. ✓Vote Record-Resolution RES-2016-227 . ' , � Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dm�zio Jr Mover 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Superv�sor's Appt William P.Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt J�II Doherty Voter ❑ ❑ ❑ � ❑ Rescmded Robert Ghos�o Voter C✓( ❑ ❑ ❑ ❑ Town Clerk's Appt Lou�sa P Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter � ❑ ❑ ❑ ❑ No Act�on ❑ Lost � 2016-228 C�dTEGORY.• �Contracts,Lease&Agreements DEPAdtTMENT.• Accounting ' Authorize Supervisor to Execute Work Authorization Form � RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Work Authorization and Direct Payment Form in connection with the insurance claim for water damages at Katinka House sustained over the , February 13-15, 2016 weekend with Sound Bay General Contractors, Inc., subject to the . approval of the Town Attorney. ✓Vote Record-Resolution RES-2016-228 C�J Adopted , Yes/Aye No/Nay Abstain , Absent ❑ Adopted as Amended - James Dmizio Jr Voter 0 ❑ ❑ � ❑ Defeated W��am P Ruland Mover � ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter ❑ ❑ ❑ � ❑ Withdrawn ❑ Superv�sor's Appt Robert Ghos�o Voter L�J ❑ ❑ ❑ ❑ Tax Rece�ver's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Rescmded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Southold Town Board Regular Meeting February 23, 2016 ' page 22 ❑ Supt Hgwys Appt ' ❑ No Action ' ❑ Lost 2016-230 � CATEGORY.• Bid Acceptance DEPAIfTMENT: Human Resource Center Accept Bid for Used HRC Yehicle � RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Bernard Heinisch in the amount of$1,077.77, used HRC vehicle, all in accordance with the Town� Attorney. � ✓Vote Record=Resolution RES-2016-230 0 Adopted ❑ Adopted as Amended ' ❑ Defeated � W . �µ ��N ��_� �T -��- yes/Aye No/Nay Abstain Absent ❑ Tabled _ , _ , ❑ Withdrawn James Dm�z�o Jr Voter � ❑ ❑ ' ❑ ❑ Supervisor's Appt � Will�am P Ruland Voter C✓f ❑ ❑ ❑ ❑ Tas Receiver's Appt Jill Doherty Voter ❑ ❑ ❑ C�J ❑ Rescinded Robert Ghos�o Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Lou�sa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Achon ❑ Lost 2016-231 CATEGORY• Budget Modification DEPART1VfENT: Accounting . . Create Capital Budget for Dispatcher Room Project Financial Impact:Appropriate PSAP grant for Dispatcher Room Project RESOLVED that the Town Board of the Town of Southold hereby reduces the 2016 General Fund Whole Town Budget as follows: . Revenues• A.2210.35 PSAP Grant $110,000 Appropriations Southold Town Board Regular Meeting February 23, 2016 page 23 A.3020.2.200.700 Public Safety Communications . CapitalOutlay � Communication Equipment $110,000 and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the followin� Capital Proiect in the 2015 Capital Fund: , Capital Project Name: Dispatcher Room Project , Financing 1Vlethod: 2015 & 2016 PSAP Grant from Suffolk County Budget: Revenues: ' � H.2210.35 PSAP Grant $200,000 Total $200,000 A�propriations: , H.3020.2.200.700 Public Safety Communications Capital Outlay- Dispatcher Room Project $200,000 - Total $200,000 • ✓Vote Record-Resolution RES-2016-231 ' " ' ' � 0 Adopted ' ❑ Adopted as Amended ❑ Defeated � Yes/Aye No/Nay Abstain , Absent ' ❑ Tabled , - ❑ W�thdrawn James Dinizio Jr Voter C�J ❑ ❑ ❑ ❑ Supervisor's Appt ' W�11iam P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Recerver's Appt Jill Doherty � Voter ❑ ❑ ❑ - Q ❑ Rescmded Robert Ghos�o Mover � ❑ ❑ ❑ ❑ Town Clerk's Appt Lou�sa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Act�on ❑ Lost 2016-232 . C�4TE(;ORY.• ' Refund DEI'ARTII�TENT: � Town Attorney , Authorize CPF Tax Refund to Charles Disapio � RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund (from Account#CM.1189.10)) to Charles Disapio from the Town of Southold in the amount of $13,600.00 in connection with his payment of the Community Preservation Fund tax on property Southold Town Board Regular Meeting February 23, 2016 page 24 in Southold Town(SCTM# 1000-97.-4-19.2)purchased by Charles Disapio on August 24, 2015, as the transaction is exempt from the CPF tax. ✓Vote Record-Resolution RES-2016-232 C� Adopted ❑ Adopted as Amended ❑ Defeated � Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn James Dimzio Jr Mover 0 ❑ ❑ ❑ ❑ Superv�sor's Appt Wil1�am P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Rece�ver's Appt Jill Doherty Voter ❑ ❑ ❑ � ❑ Rescmded Robert Ghos�o Voter C�J ❑ ❑ ❑ ❑ Town Clerk's Appt Lou�sa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter GJ ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-233 Ct17'EfT0�2Y.• Employment-Towri I)EPAIdTIVI�NT.• Accounting Set Salary for Deputy Superintendent of Highways Roger Tabor RESOLVED that the Town Board of the Town of Southold hereby sets a salarv of$85,000 per annum for De u Su erintendent of Hi hwa s Ro er Taboa- effective Februa 29 2016. ✓Vote Record-Resolution RES-2016-233 C✓f Adopted ❑ Adopted as Amended : ❑ Defeated -� Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt W��iiam P Ruland Mover � ❑ ❑ ❑ ❑ Tax Rece�ver's Appt Jtll Doherty Voter ❑ ❑ ❑ L�I ❑ Rescmded Robert Ghos�o Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt � Lou�sa P Evans Seconder Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Achon � � ❑ Lost 2016-234 �'ATEGO�tY: Property Usage ' DEP�9RTME11'T: Land Management Coordination Southold Town Board Regular Meeting February 23, 2016 page 25 Stewardship Management Plan-Hog's Neck Properties • Whereas the Town Board adopted a stewardship management plan for the Town's Hog's Neck � Properties in Southold on April7th, 2015; ' Whereas the Town Board wishes to update this stewardship management plan in order to open up one of the properties known as Forestbrook for horseback riding trails; Be it resolved that the Town Board approves the updated stewardship management plan for the Town's Hog's Neck Properties. ✓Vote Record-Resolution RES-2016-234 . Q Adopted ❑ Adopted as Amended ❑ Defeated __. . - - - _._: _ _ � _. _. Yes/Aye No/Nay Abstain Absent ❑ Tabled _ _ _ ❑ Wrthdrawn James Dinizio Jr Voter � 0 ❑ ❑ ❑ ❑ Superv�sor's Appt W�11�am P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Recerver's Appt Jdl Doherty Voter ❑ ❑ ❑ 0 ❑ Rescmded Robert Ghos�o Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Lou�sa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ c ❑ No Act�on ' ❑ Lost 2016-235 . CATEGORY: Employment-Town DEPART111EN7': Accounting Appoint John Grilli to Highway Labor Crew Leader , ' RESOLVED that the Town Board of the Town of Southold hereby appoints John Grilli to the - position of Hi�hway Labor Crew Leader for�the Highway Department, effective February 24, � 2016, at a rate of$32.7717 per hour. � ✓Vote Record-Resolution RES-2016-235 ' 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated � James Dmiz�o Jr Voter Q ❑ ❑ ❑ ' ❑ Tabled Wdl�am P Ruland Voter 0 ❑ ❑ ❑ ❑ W�th'drawn � ❑ Supervisor's Appt Jill Doherty ' Voter ❑ ❑ ❑ L�I Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Tax Recerver's Appt ❑ Rescmded Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt _ ❑ No Act�on Southold Town Board Regular Meeting February 23, 2016 page 26 ❑ Losc 2016-236 CATEGORY.• Property Usage I�EPART!'�TENT: Land Management Coordination Stewardship Management Plan-Down's Farm Preserve Whereas a draft stewardship management plan for pown's Farm Preserve in Cutchogue was presented to the Town Board; Whereas the draft plan is consistent with the acquisition purposes of the property; Whereas the draft plan is consistent with the conservation easement held by the Peconic Land Trust on the property; Be it resolved that the Town Board approves the stewardship management plan for pown's Farm Preserve. ✓Vote Record-Resolution RES-2016-236 - � Adopted ❑ Adopted as Amended ❑ Defeated � Yes/Aye No/Nay Abstain Absent ❑ Tabled � ______ ___ ___ ❑ Wrthdrawn James Dmizio Jr Mover ; � ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder, 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Ji11 Doherty Voter , ❑ ❑ ❑ � ❑ Resc�nded Robert Gliosio Voter � ❑ ❑ ❑ ❑ Town Clerk's Appt Lou�sa P Evans Voter Lf ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Act�on ❑ Lost 2016-237 C�1'I'EGORY: Property Usage DEP'ARTNIEIVT: Land Management Coordination Stewardship Management Plan-Arshamomaque Preserve Greenport Whereas a draft stewardship management plan for Arshamomaque Preserve in Greenport was presented to the Town Board; Southold Town Board Regular Meeting February 23, 2016 page 27 Whereas the draft plan is consistent with the acquisition purposes of the property; Be it resolved that the Town Board approves the stewardship management plan for Arshamomaque Preserve. ✓Vote Record-Resolution RES-2016-237 0 Adopted ❑ Adopted as Amended ❑ Defeated � Yes/Aye No/Nay , Abstain � Absent ❑ Tabled --- ----- ❑ Withdrawn James Dinizio Jr , Voter � ❑ ❑ � ❑ ❑ Supervisor's Appt W�11iam P Ruland , Mover C�1 ❑ ❑ ❑ ❑ Ta�c Recerver's Appt J�ll Doherty ; Voter ❑ ❑ ❑ 0 ❑ Rescmded Robert Ghosio Voter i p ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans ' Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Achon ❑ Lost 2016-238 CATEGORY: Employment-Town AF.PARTNdENT.• Accounting Appoint Randall Wells Automotive Mechanic IV RESOLVED that the Town Board of the Town of Southold hereby appoints Randall Wells to the position of Automotive Mechanic IV for the Highway Department, effective February 24, 2016, at a rate of$35.2314 per hour. ✓Vote Record-Resolution RES-2016-238 0 Adopted ❑ Adopted as Amended ❑ Defeated ' Yes/Aye No/Nay � Abstain Absent ❑ Tabled _ _ _ __ .__ _. _ ❑ Wrthdrawn James Dm�zio Jr ' Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jil1 Doherty ' Voter ❑ ❑ ' ❑ J ❑ Rescinded Robert Ghosio Seconder C�] ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover � ❑ , ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell ' Voter � ❑ ❑ ❑ ❑ No Act�on ❑ Lost Southold Town Board Regular Meeting February 23, 2016 page 28 2016-239 CATEGORY: Employment-Town DEPARTMENT.• Accounting Appoint Richard D. Noncarrow to Government Liaison Offrcer RESOLVED that the Town Board of the Town of Southold hereby annoints Richard D. Noncarrow to the �osition of Government Liaison Officer for the Supervisor's Office effective February 29, 2016, at a rate of$74,191.33 per annum and said employee shall be designated as a confidential employee as defined by the Public Employment Relations Board. ✓Vote Record-Resolution RES-2016-239 � Adopted ❑ Adopted as Amended _ ❑ Defeated —--- --- - -- - --- --- - -- y - y - � Yes/A e No/Na Abstain Absent ❑ Tabled . _ _._. __.. , , . . ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑� ❑ Superv�sor's Appt W�11iam P Ruland Voter ' ❑ ❑ 0 ❑ ❑ Tax Receiver's Appt J�II Doherty Voter ❑ ❑ ❑ ' Q ❑ Rescmded Robert Ghos�o Mover ; 0 ❑ ' ❑ ❑ ❑ Town Clerk's Appt Lou�sa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter f�7 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-240 CATEGORY.• Contracts,Lease&Agreements DEPARTIVIENT.• Town Attorney Cablevision Franchise Renewal Agr•eement WHEREAS, THE Town of Southold (the "Town") is a "franchising authority" in accordance with Title VI of the Communications Act of 1934, (the "Communications Act"), and is authorized to grant one or more nonexclusive cable television franchises pursuant to Article 11 of the New York Public Service Law, as amended, and Title 16, Chapter VIII, Parts 890.60 through 899, of the Official Compilation of Codes, Rules and Regulations of the State of New York, as amended (collectively the "Cable Laws"); WHEREAS,the Town, executed a franchise renewal agreement on February 25, 2003 with CSC Acquisition-NY, Inc. ("Franchisee"), which was thereafter confirmed and made effective by the New York State Public Service Commission (the "Commission") on September 16, 2003 for a term of ten (10) years (Case No. 97-V-1785), and Southold Town Board Regular Meeting February 23, 2016 page 29 WHEREAS, Franchisee has submitted a proposed Franchise Renewal Agreement to operate a cable system within the Town; and WHEREAS, The Town and Franchisee have mutually agreed to the terms of a Franchise Renewal Agreement; and WHEREAS, the Town has determined that the Franchisee is and has been in material compliance with all terms/provisions of its existing franchise and applicable law; and WHEREAS, the Town has determined that Franchisee has the requisite legal, technical and financial capabilities to operate a cable system within the Town and that Franchisee's proposal for renewal of the franchise meets the cable related needs of the Community; and WHEREAS, a duly noticed Public Hearing, affording an opportunity for all those interested parties within the Town to be heard on the proposed Franchise Renewal Agreement, was held before the Town on February 23, 2016. NOW, THEREFORE, be it RESOLVED, that the Town Board determines that it is in the best interest of the public to award a Franchise Renewal Agreement to the Franchisee; and be it further RESOLVED that the Town Board hereby directs and authorizes Supervisor Scott Russell to enter into a Franchise Renewal Agreement with CSC Acquisition-NY, Inc., and to execute any other documents necessary to effectuate the granting of the franchise renewal on behalf of the Town of Southold, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2016-240 0 Adopted ❑ Adopted as Amended ❑ Defeated ---- � - " - - � --- "- -- ' ' - Yes/Aye � No/Nay Abstain Absent ❑ Tabled . _- � .. _ , a .._ _ _ �, ❑ W�thdrawn James Dm�z�o Jr Voter GJ ❑ ❑ ❑ ❑ Supervisor's Appt W�lliam P Ruland Seconder GJ ❑ ❑ ❑ ❑ Ta�c Recerver's Appt �>»Doherty Voter � ❑ ❑ ❑ ' � ❑ Rescmded Robert Ghosio Voter � 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Lowsa P Evans Mover � ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ � ❑ ❑ ❑ No AcUon ❑ Lost VI. Public Hearin�s Southold Town Board Regular Meeting February 23, 2016 page 30 Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 7:55 PM in order to hold a public hearin�. RESULT: ADOPTED [U1�IANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Ghosio, Evans, Russell ABSENT: Jill Doherty PH 2/23/16 7:31 Pm Cablevision RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Ghosio, Evans, Russell ABSENT: Jill Doherty Councilman Bob Ghosio COUNCILMAN GHOSIO: PLEASE TAKE NOTICE, that the Town Board of the Town of Southold will hold a public hearing at Town Hall, 53095 Main Road, Southold,New York 11971 set Tuesday, February 23, 2016 at 7:31 p.m. to consider the application for renewal by CSC Acquisition-NY, Inc. (Cablevision),1111 Stewart Avenue, Bethpage,New York 11714, of its cable television franchise with the Town of Southold. At this hearing, the Members of the Town Board will hear interested persons who wish to address the Board with respect to Cablevision's compliance with the requirements of the existing cable television franchise, and the community's cable related needs and interests for a new franchise agreement. All relevant documents, including copies of the renewal application and the proposed franchise renewal agreement may be inspected at the office of the Town Clerk, 53095 Main Road, Southold,New York 11971 during regular business hours. A copy of this public hearing notice was in the local paper, the Suffolk Times and on the Town Clerk's bulletin board and the Town Board's website. I have an affidavit of that as well. And a copy of the ad. Without getting into reading into reading all the pages, the purpose of this public hearing is to receive comments from town residents as to the performance of CSC Acquisition NY, Inc "Cablevision" who is requesting a ten year franchise renewal and for public inspection and questioning of the franchise agreement. As state above, the franchise renewal is for a period of ten years. Under the terms of the proposed franchise agreement, Cablevision shall continue to provide one public access channel and one combined educational/government access channel. Under the proposed agreement, Cablevision will also pay to the town $100,000.00 in grant money to upgrade equipment for these channels. In addition, the town will continue to receive a 5% franchise fee on all gross revenue generated by Cablevision within the Town of Southold and all eligible senior will continue to receive a 15% discount on expanded basic service. All relevant documents may be inspected at the office of the Town Clerk at 53095 Main Road, Southold and on the Town's website. That's all I have. Siapervisor Scott A. Russell Southold Town Board Regular Meeting February 23, 2016 page 31 SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular local law? Joan Gilroy, CATV Govt Relations JOAN GILROY: Thank you for that wonderful summary, I can cut down on half of what I need to remark on. I just wanted to say good evening and thank you, supervisor Russell and the members of the Board. I am Joan Gilroy, director of Government Affairs for Cablevision, located at 1600 Motor Parkway. On behalf of Cablevision, we appreciate this opportunity to address the Board and request for the purchase of attaining a franchise renewal. I would first like to acknowledge your town attorney, Bill Duffy for his professionalism and for the courtesies he showed Cablevision during this renewal process. And we thank the Supervisor and the Town Attorney for their leadership in bringing this to closure. We began back in September of 2013, so I would say we have thoroughly reviewed this contract many times over, so we are really glad that we have come to this closure. The public service commission really suggests at these kind of hearings to very, very briefly review for the public the reasons that we validate why we are coming here for renewal and then to summarize what the contract consists of. so just very briefly, over the last 10 years, Cablevision feels we have succeeded and exceeded the terms of the current document and just to name a few things that you may be aware of, is of course, the investment of over $1,000,000.00 to the fiber optic structure and 10 years ago, when you look at the telecommunications industry, it's hard to believe, there were not very many HD channels, which we have hundreds of HD channels, we have high speed internet service, we have dial up flat rate telephones. You know, back 10 years ago we were still using the Verizon method of calling, we didn't have the flat rate cable method of telephones. Wi-Fi service, we never even thought of Wi-Fi service, now we are all using our equipment here in our mobile devices. On the customer service side, we are very proud, we do have a 24/7 live customer service operation headquartered right here on Long Island, we have a very sophisticated website and we are all talking about websites, the town websites, all these different websites, where now people are communicated with us in the middle of the night, they are paying bills 2:00 in the morning, they can order TV, so we have that that a lot of money went into reviving that. Same day, next day service, we do seven days a week, so you are out, call us and we are there. we also are very pleased with, unfortunately Long Island has dealt with quite a few storms over the last few years and we feel we have maintained a very sophisticated emergency preparedness and recovery operation. We did quite well during Sandy and we were very proud that we were right there, connecting people that were out. So we came through that pretty well. Now, I am sure which is more important to you guys probably what you are getting on this agreement for the 10 years and the councilman did a great job, the only thing I want to add is that in the 5 percent of the gross receipts definition, that we negotiated an expanded definition so it would give you another $23,000 per year, so over the life of the contract it's another $230,000 that will be added to your franchise fees which you should be getting then, once this is added on approximately $648,000 a year. On franchise fees. You mentioned the $100,000 payment, the continuation of the senior discount. We will continue the 271ocations in the town, 8 schools, 3 libraries, 6 fire departments or fire locations and 10 municipal buildings will be continuing to get fi•ee cable service, alright? And that comes to approximately $5,700 a year. You mentioned the channels and that will continue, the maintenance of the equipment we need. And the last thing that we agreed to was, upon request from the town when you were ready, we talked about connecting the Capital One building and to bring fiber to here, this building, that would connect to your playback equipment Southold Town Board Regular Meeting February 23, 2016 page 32 here, so that is also included when you are ready to do that. I know, Councilman Dinizio, we spoke a lot about that, that that would be included. So we would work with you and pick up the cost on whatever that would be to connect the two buildings at that point. And that pretty much, I think we covered what it is and other than thank you and we look forward to working closely and providing the service out here for the residents. SUPERVISOR RUSSELL: Thank you, Joan. Would anybody else like to address the Town Board on this? Robert Dunn,Peconic ROBERT DLJNN: Robert Dunn, Peconic. I have a different experience with Cablevision than what's just been described. And I have a few questions. First of all, 24/7 is not true. I mean, if you try calling them on a Friday night or you try calling them on a Saturday and quite often any time after normal day time working hours, all you are getting is a machine. You do not get a live body. You will get a machine that will tell�you we have outages and you are on your own. And the machine will offer to call you back and tell you when things might be upgraded, so that's not necessarily true and as a matter of fact, for three years now, I have called them four times, I finally gave up a year ago about trees that are hanging on lines on Mill Lane that are just waiting to damage the lines and throw the system out for what will probably be a day or two days and it's near the water, so you have got a lot of winds and it just seems Cablevision is not interested in any preventive maintenance on the tree lines, along the lines that the electric company, that PSEG does and that should be something of concern to us. especially when they are called on it. I mean, specifically, I actually showed it to one of their trucks and he said, yeah, I know, they will do it when they do it and they don't do it. I heard all this conversation about what's gone on for a year, about discussions. Can anybody discuss what's going to happen after the merger? Or after the buyout? SUPERVISOR RUSSELL: The franchise agreement supersedes the merger, so our agreement with Cablevision stays intact, even with a successor owner. MR. DUNN: There's that b word that went along with this sale and the company is going to have to, where Cablevision has progressed from what it was to where it is now, somebody is now paying a number of billion dollars to buy it. And they are going to need to squeeze a little more out of the system to pay that. Not only that it's a European company and they have a whole different outlook on cable then we do here. You go watch European cable, you'll see 1970's American reruns. Beverly Hillbillies and things like that. COLTNCILMAN GHOSIO: So what's so bad about that? MR. DLTNN: Well, they were nice shows but they just, it's a different concept over there and I just wanted, has any thought gone into, about assuring that minimum qualities are going to be maintained? Southold Town Board Regular Meeting February 23, 2016 page 33 SUPERVISOR RUSSELL: That would be regulated through the FCC at federal levels, certainly we will have a conversation with Congressman Zeldin to make sure that they are watching the store. MR. DUNN: I mean, there's going to be a minimum they can do in terms of raising prices because they are governed so the only way they could squeeze any more dollars out of this is by cutting services, obviously. I just, they are basically going to get 10 years out of this and then there's the whole dynamic of the cable industry is under some changes and they are going to be looking at cable like the telephone company is looking at cooper wire. It's a thing of the past, it's all going and I just wondered, had things been protected there? We are going to be stuck with this for 10 years. I am amazed I am the only one, well, commonly I am the only one in the room but that on this issue, that nobody has anything to say. I mean, like I am on the streets, I am hearing all the time about people who aren't happy with cable in general, it's not just Cablevision. I am just, I guess I am just looking for some assurance that it is not going to get any worse. And we are protected there. SUPERVISOR RUSSELL: I can't promise that, all I can promise is that we will engage Congressman Bishop, I am sorry, Congressman Zeldin to make sure he is watching the store through the FCC. TOWN ATTORNEY DUFFY: And if I may, we have certain services that are set forth in the contract that they have to continue to provide and we also provided that as a definition of cable service changes, that this contract will change to reflect that also. So if they try moving away from traditional cable, if the federal government changes their definition of what cable is, our contract will follow. MR. DUNN: We are kind of, you know, it's not even so much, everything is going to the internet, bottom line, cable is going to shrink and it's all going to be internet based but I mean, Verizon is not interested coming with FIOS, to a lot of our areas because we don't have enough density to get them to string another wire, so we are stuck with this at this point. I don't like to use stuck, sounds a little negative but we are going to be with Cablevision for 10 years and I certainly hope that we have covered ourselves. Supervsior Russell SUPERVISOR RUSSELL: Would anyone else like to...it's a public hearing, I don't want people, yes, I don't want, you know, we are not debating each other, it's comments to the Town Board. Can I get a motion to close? Closin�Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: That concludes the business of the agenda, I would ask anybody that would like to comment on any item to please feel free? Benja Schwartz, Cutchogue Southold Town Board Regular Meeting February 23, 2016 page 34 BENJA SCHWARTZ: The public hearing is over but now we can be heard on any subject. My name is Benja Schwartz, I think most of you know me. I actually came here tonight to discuss with you public hearing and I would like to engage in a conversation then, participate in a discussion. I believe that's the way a real meeting happens, is when people interact. It upset me a little bit, again, when you wouldn't let Cablevision answer. This idea that I am addressing only the Town Board and not address any comments of any other participants in this meeting, it doesn't make sense to me. But let me go back a little bit. I know I have discussed with you many times about the differences between the Planning Department and the Planning Board. I don't know if any of you want to offer any understanding of that difference. It is my understanding that the Planning Department works for you, the Town Board. Is that true? SUPERVISOR RUSSELL: Invariably, everybody works for the Town Board but.... MR. SCHWARTZ: Wait a second, I didn't get paid... SUPERVISOR RUSSELL: Everybody that works in town government works for the Town Board ultimately, reports to the Town Board. MR. SCHWARTZ: Well, with due respect, there are you know, independent, different people get elected to different offices and they have their own authority. The Town Board doesn't control,the balance of power... SUPERVISOR RUSSELL: I understand that. MR. SCHWARTZ: The judiciary, so not everybody works for the Town Board. SUPERVISOR RUSSELL: Well, the support staff does. You asked specifically about the Planning staff, not the Planning Board. And the Planning staff ultimately works for the Town Board, like every other employee in town government. That's the reality. MR. SCHWARTZ: But what you just said, that's a difference between the Planning staff, I called them the Planning Department... SUPERVISOR RUSSELL: Yes, and I addressed your specific question with regard to Planning staff. MR. SCHWARTZ: Well, you want to call them staff, that's fine, I am calling them department but we are talking about the Planning department/staff that is employed possibly at will or maybe they have civil service positions, I don't know but they essentially are doing what the Town Board asks them to do. And if the Town Board doesn't like something they are doing, the Town Board can just say do it differently. Right? SUPERVISOR RUSSELL: Talking about balance of power, actually, you are forgetting the Planning Board which specifically is set up to be independent of the Town Board, despite the Southold Town Board Regular Meeting February 23, 2016 page 35 fact that we appoint the members on a rolling basis, one a year, their whole purpose is to remove politics from the process. Which is why it's set up that way. MR. SCHWARTZ: I didn't forget that, I didn't get to it yet. SUPERVISOR RUSSELL: Oh, okay. MR. SCHWARTZ: But that is the way that I believe it is supposed to work under New York State law and in our system of American government. That the Planning Board, although it is appointed, and you can probably remove people at will, I am not sure of that but you are the ones that appoint the Planning Board but you cannot tell them how to decide particular application. The extent to which you can tell them how to operate and function is a gray area. But the, you know, I called up the town, Southold Town, the Planning Board doesn't have a phone, they go through the Planning Department. When I called the Planning Department today and asked to speak with the chairman of the Planning Board, I was told that that request would have to go to the Planning, the head of the Planning Department. I am not sure that that is appropriate. As a matter of fact, I don't think it is. On the website, there is no, excuse me? JUSTICE EVANS: She is the head of the Planning Board was out sick today. And that may be why you got that response. MR. SCHWARTZ: No, no. I don't think it was a matter of that, that's why he wasn't at the meeting yesterday, on Monday but that had nothing to do with it. He doesn't have office hours, I was told. Apparently he doesn't make appointments without the Planning Department okaying it. And seeing as how the Planning Board is as you so eloquently described, supposed to be politically independent and the Planning Department is not. Now you can also instruct.... SUPERVISOR RUSSELL: I am sorry, the Planning Department is independent of politics, that's why it's governed by civil service. They are all competitive class positions, they require that all the employees that are hired are hired off the competitive list, which is established by test scores. It is not political. That's the whole purpose of civil service to exist, is to remove politics from the hiring process. MR. SCHWARTZ: The Planning Department is under the control, how it operates, how it functions, you can remove, you can change the positions, you have control of that. The Planning Board has some independence. When the.... SUPERVISOR RUSSELL: The Planning Department, we have a limited ability there because again, all of those positions are governed by civil service or the State of New York. MR. SCHWARTZ: But it's... SUPERVISOR RUSSELL: The titles themselves have to be submitted and it is up to the Department of Civil Service to classify those titles, not Southold Town. We can't willy nilly change titles. We can't willy nilly change staff. Southold Town Board Regular Meeting February 23, 2016 page 36 MR. SCHWARTZ: But the Planning Department is part of the staff of the town government. The Planning Board is an independent legal entity. If somebody sues the Planning Board, they are entitled to seek out their own representation without interference from the Town Board. I don't think somebody, I don't think can sue the Planning Department, there is no such legal entity. They would have to sue the town which is, you are in control of. Okay? We agree. TOWN ATTORNEY DUFFY: I don't think that's accurate, the Planning Board doesn't have the right to their own counsel without (inaudible) from the Town Board. Planning Department members can be sued also. MR. SCHWARTZ: Well, I am familiar with the precedent that holds otherwise. TOWN ATTORNEY DUFFY: You are wrong. You can bring an article 78 if some Planning Department person acts outside their authority, they can be challenged in court. There is no question about that. COLTNCILMAN DINIZIO: Certainly the Town Board has the purse strings, if we decide that we don't want to defend an article 78, we want to settle, that's our... MR. SCHWARTZ: That is true, there is an issue with the finances. But the Zoning Board of Appeals has their own web page. Why doesn't the Planning Board have a separate, why is the Planning Board seen as a subservient to the Planning Department in this town? Is it subservient or is that just the appearance it is given? SUPERVISOR RUSSELL: They shouldn't be. In fact, the Planning staff should be responsive to the Planning Board members, ultimately. The director of Planning should be responsible to the Planning Board. MR. SCHWARTZ: So maybe the website should be changed, instead of having the Planning Department webpage, it should be the Planning Board webpage. SUPERVISOR RUSSELL: That's a good idea. MR. SCHWARTZ: With the Planning Department under it. Okay. Now we are getting somewhere. As far as public hearings, I appreciate that you are willing to interact to a certain extent, although it seems to be the practice, the custom and the practice that essentially during public hearing, the public speaks and all you do is listen but there is nothing to stop you from asking questions. Is that... SUPERVISOR RUSSELL: Oh, yes. MR. SCHWARTZ: Do you agree with that? TOWN ATTORNEY DUFFY: I agree with that. Southold Town Board Regular Meeting February 23, 2016 page 37 SUPERVISOR RUSSELL: We have done that quite a bit. Yes. MR. SCHWARTZ: Well, my experience at the Planning Board meeting yesterday was basically that the Planning Board would listen but would not question any speakers and I think that we are losing a lot of information and the quality of the communication is very poor if the people listening, I mean, I don't believe that you can just listen to people giving you ideas and information and not have questions about them. In addition to clarifying what they are saying or asking for extensions to that, you might want to questions their reasons, the interests of the people speaking. In particular, the hearing on the Heritage yesterday, it seemed that there were a number of people that spoke in favor of the project, supporting the project that seemed to have ulterior or personal, in fact, one of them did admit that she wanted to buy a unit there. I don't believe she had any idea of how much the units are going to cost or... SUPERVISOR RUSSELL: Well, wait a second, that's not an ulterior motive. That's perfectly legitimate. MR. SCHWARTZ: Well, that's a personal motive but it was revealed.... SUPERVISOR RUSSELL: In the same manner that the public is speaking in favor of other applications in the town, not because they see it as a community need but because they want to join, I mean, that's human nature. That's perfectly appropriate. MR. SCHWARTZ: It is. It is. COUNCILMAN GHOSIO: Even if I recall, there was something you recently wrote that you were in support of the sports complex that has been proposed. You know, I don't see that as an ulterior motive. MR. SCHWARTZ: I didn't, it is ulterior that in the sense that when I come here at a public meeting, I am attempting to address the public interest. Now the public interest, to some extent, is an additive, cumulative effect of the individual interests. So to that extent, it is not an ulterior, it is fine but that person admitted what their motive was. Someone else came there, spoke in favor of the project that was the owner of a business that very likely could profit by the working for, with the development and never mentioned that fact in support of that... COUNCILMAN DINIZIO: And who would be.... MR. SCHWARTZ: I don't want to mention names, it's not important. SUPERVISOR RUSSELL: The reality is that people, that's the whole purpose of a public process. If a business owner believes a project would be good for him and his business, that's perfectly appropriate that he speak in favor of it. MR. SCHWARTZ: Absolutely. But it also perfectly appropriate that the government, the town and the people, if the person writes a letter to the editor and takes a certain position. The Southold Town Board Regular Meeting February 23, 2016 page 38 newspapers will often add something under the letter explaining what their position is to remove any question of why they, you know, maybe their motivations, so that we can understand what their motivations and evaluate what they are saying. SUPERVISOR RUSSELL: They do that on a limited basis, generally to identify public officials or people that are principals in a variance application but they are not going to say at the end of the letter, oh, Mary bag of donuts is speaking in favor because she wants to buy a unit. They won't do that. The public is entitled to a certain amount of expression here without being called out. MR. SCHWARTZ: That's true... SUPERVISOR RUSSELL: And I don't know Mary bag of donuts. MR. SCHWARTZ: A certain amount but at one point, I think that it is important to bring out what the, where the motivations of speakers and participants lie. COLTNCILMAN DINIZIO: can I just interject something here? MR. SCHWARTZ: Absolutely, Jim. COUNCILMAN DINIZIO: Are you requesting that we tell the Planning Board how to conduct their business? MR. SCHWARTZ: I am discussing the practice in the town government here of public hearings and the way that the Town Board conducts its public hearings, discussing how the Planning Board does and I don't know but I believe that that is one of the ways that the Town Board probably could exert control over the actions of the Planning Board, if it wished to, would be to establish a policy that would guide all of the Boards' in their actions as a legislative body in the town. You have that type of ultimate general authoriiy. COLJNCILMAN GHOSIO: Would you suggest we adopt Robert's Rules? MR. SCHWARTZ: I believe that if you don't adopt specific local rules, that Robert's Rules might just be applied by default... COUNCILMAN GHOSIO: Okay. MR. SCHWARTZ: But I am not going to get into all the legal issues right now but I just think that policies in general help the public understand how things work and how to work with the government. I got an email yesterday from someone that I don't know and I am not going to reveal their name here but after I returned home from the meeting, I got an email somebody says they recently moved to Cutchogue, they attended the Planning Board meeting and they thanked myself for the information that I provided at that meeting and say that they appreciated the efforts that I put into research on the proposed Heritage at Cutchogue condominium project, I Southold Town Board Regular Meeting February 23, 2016 page 39 will just read what they said. I found it very interesting, I also oppose the Heritage project. I must have misunderstood the reason for tonight's meeting. I thought it was a hearing to discuss whether the project would move forward or not. It seemed to me that the Board, as well as the politicians have already decided. It seems like pretty much a done deal. I am very disappointed. He goes into certain things, he thinks it's a, let's hope I am wrong and it's not too late. Well, you see, we both agree that the Town Board should not be involved in judging the specific application before the Planning Board. Except that, you have entered into an agreement with the developer and this property seller and the Planning Board and that agreement is being used to control the NYS Environmental Impact Review and government coordination process, the SEQRA process. So by that agreement, you have all put yourself right in there and I didn't see any of you at the meeting... COUNCILMAN GHOSIO: I attended the last one. MR. SCHWARTZ: But I am assuming, I think I saw you at the original hearing, yes. But I am assuming that you are keeping tabs on what is going on there pursuant to your agreement and I don't want to take a long time and get into the details but even though they say you can't judge a book by its cover, the 600 or so page environmental impact statement that was considered at the two hearings and that there are two weeks left if anybody wants to write a letter, commenting on the 600 pages are available at the Cutchogue Library. The cover of the 600 pages says subdivision and site plan approval, I don't know why they are saying subdivision because there is no subdivision application. But why does it say approval when it is part of an application? I mean, it's implying that it is already approved. Is that the case? Is that true? is there any part of the Heritage at Cutchogue that has been approved because there has been a so-called conceptual development plan that was agreed to. And I know that this is commonly done by the Planning Board, that they will agree to things in concept and in general prior to any public input. But I don't like it. in this case, I think some of the most significant issues have been taken off the table. The water supply, the water disposal... SUPERVISOR RUSSELL: I appreciate everything you are saying but we have given you 15 minutes so far. Can you just be succinct and wrap up? MR. SCHWARTZ: Sure. This thing started over 33 years ago when the Town Board at that time rezoned the property without any consideration of any impacts, they made a finding that there wottld absolutely be no potential for any environmental impacts. They rezoned it. The Planning Board didn't agree with that, they asked for an examination of the impacts and that's what we are trying to get to here but I believe that the due to the agreement that this Town Board is a party to with the Planning Board that is being frustrated. So I would like to go back to the zoning and I just wanted to share with you if you haven't seen it, the attempts right now to rezone agricultural land in Riverhead for high density residential use and there is a lot of public uproar about that because it is happening right now. A lot of intelligent things, so I hope you are keeping your eyes open with that. We have already closed out, closed the book on what alternatives are being considered for the Heritage at Cutchogue but the conceptual plan that was developed there has no connection with the place, with Cutchogue. It has no, there's no, nothing about that plan that says it's in Cutchogue. The environmental impacts that are being considered Southold Town Board Regular Meeting February 23, 2016 page 40 in that thing don't even include sunshine. Cutchogue is the sunniest town in New York State. There are all kinds of solar energy, the orientation of the buildings, passive solar space heating could have been incorporated into that project. It was not considered, it was not mentioned, there was no recognition and I made this point to the Planning Board but I think you should hear it too. Other forms of, we are blessed that we, the original name for the Heritage was Seacroft because we are surrounded by the sea. The people there are building a pool and one of the neighbors that spoke in favor said if I had a pool, I would never swim in the bay or the water. Well, I think that, you know, we are here to, I don't object to people having swimming pools but don't ignore the fact that we have such a beautiful place with such natural resources, with more sun than any spot in New York State where the project is surrounded on one side by a farm, on the other side by residential development and you want to build a little city in between. The city that is to be built there doesn't even include a garden. Even in the city, on Staten Island is a project that's just been approved there that includes hiring a farmer to do some farming within the development, within the site plan. They have set aside an area for a farm. Maybe they can't set aside an area for a farm here but if these people want to live in Cutchogue next to a farm, don't they at least want to have some garden? No. They are going to be condominium owners so they are only going to own the interior of their unit.... SUPERVISOR RUSSELL: I appreciate it but we are not focusing on the larger issues here, we are getting down to gardening and I just (inaudible). MR. SCHWARTZ: Gardening is solar power and this is the sunniest spot in New York State. SUPERVISOR RUSSELL: I agree with that. MR. SCHWARTZ: So I moved here because I loved this place, I love everything about it and I love what's special about it in particular. I wanted to share that with you. SUPERVISOR RUSSELL: I appreciate that and I support it. I agree with you on the issue of solar energy 100 percent. I agree with you. MR. SCHWARTZ: Well, maybe we can talk about some ways then and maybe we can have a meeting and discuss some ways to try to... SUPERVISOR RUSSELL: Incorporate? MR. SCHWARTZ: Incorporate that into the design of this before it's approved. Because it won't happen after it's approved. We will be stuck with a cookie cutter Levittown on the North Fork and if Cutchogue is the first place it happens, it won't be the last place. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? Councilman Ruland COUNCILMAN RULAND: Yes, Scott, I made an error on resolution 239, I was recusing myself, Betty, from the voting altogether because there is a direct conflict of interest between Mr. Noncarrow and myself, as he is my wife's boss. Southold Town Board Regular Meeting February 23, 2016 page 41 TOWN CLERK NEVILLE: So noted. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Can I get a motion to adjourn? Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:37 P.M. � � � * � � � Q. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Ghosio, Evans, Russell ABSENT: Jill Doherty