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HomeMy WebLinkAboutTB-06/28/2016 ELIZABETH A. NEVILLE �� Town Hall, 53095 Main Road TOWN CLERK ,�o�o�"�g��FQi�c��y� PO Box 1179 Southold,NY 11971 REGISTRAR OF VITAL STATISTICS �y � �, Fax(631)765-6145 M A R R I A G E O F F I C E R �ol,� .�a�� T e l e p h o n e. (6 3 1)7 6 5 - 1 E 0 0 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING June 28, 2016 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, June 28, 2016 at the Meeting Hall, Southold,NY. Call to Order 7:30 PM Meeting called to order on June 28, 2016 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived James Dinizio Jr Town of Southold Councilman Present William P. Ruland Town of Southold Councilman Present Jill Doherty Town of Southold Councilwoman Present Robert Ghosio Town of Southold Councilman Present Louisa P. Evans Town of Southold Justice Present Scott A. Russell Town of Southold Supervisor Present Elizabeth A. Neville Town of Southold Town Clerk Present William M Duffy Town of Southold Town Attorney Present I. Reports 1. Zoning Board of Appeals Monthly Report 2. Monthly Budget Report 3. Justice Evans Monthly Report II. Public Notices III. Communications IV. Discussion 1. 9:00 Am - Melissa Spiro, John Sepenoski Southold Town Board Regular Meeting June 28, 2016 page 2 2. 9:15 Am -John Sepenoski 3. 9:30 Am - Michael Collins, Jamie Richter 4. Town Attorney Update 5. Councilwoman Doherty 6. Councilman Dinizio 7. R.A.N. for Elizabeth Field 8. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session 10:44 AM for the purpose of discussing the following matters: Labor- Matters Involving Employment of Particular Person(S) Lease of Property - Publicity of Which Would Substantially Affect the Value Thereof RESULT: ADOPTED [UNANIMOUS) MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 9. Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit from this Executive Session at 12;SOPM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 10. 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 12:50 PM until the Regular 7:30PM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 11. EXECUTIVE SESSION - Labor- Matters Involving Employment of Particular Person(S) 12. EXECUTIVE SESSION - Lease of Property - Publicity of Which Would Substantially Affect the Value Thereof Southold Town Board Regular Meeting June 28, 2016 page 3 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, Doherty, Ghosio, Evans, Russell Pledge to the Fla� Opening Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance. Thank you. I would give anybody the opportunity to address the Town Board on any of the agenda items. (No response) V. Resolutions 2016-634 CATEGORY.• Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated June 28 2016. ✓Vote Record-Resolution RES-2016-634 � Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter � ❑ ❑ ❑ O Supervisor's Appt W��liam P Ruland Voter � ❑ � ❑ ❑ Tax Receiver's Appt lill Doherty Voter � ❑ � ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-635 Southold Town Board Regular Meeting June 28, 2016 page 4 CATECORY: Set Meeting DEPARTi11E:'VT: Town Clerk Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesda Jul 12 2016 at the Southold Town Hall Southold New York at 4:30 P.M. ✓Vote Record-Resolution RES-2016-635 0 Adopted ❑ Adopted as Amended � Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter p ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter O ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ � ❑ No Action ❑ Lost 2016-636 C�ITEGORY.• Budget Modification DEPARTMENT: Highway Department 2016 Budget Modification-Highway Financial Impact: to cover over expenditures RESOLVED that the Town Board of the Town of Southold hereby modifies the 2016 Highway Part Town budget as follows: From: DB.5110.1.100.100 Full time Regular Earnings $12,308 TOTAL $12,308 Increase Appropriations: DB.5130.2.500.400 Radio Equipment $ 308 DB.5140.1.100.200 Brush & Weed Overtime Earnings 2,000 DB.5140.4.400.150 Rubbish Disposal 2,000 DB.5140.4.400.100 Clean-up week Debris 8,000 TOTAL $12,308 ✓Vote Record-Resolution RES-2016-636 � Adopted Yes/Aye No/Nay rlbstain Absent ❑ Adopted as Amended lames Dinizio.Ir Mover p ❑ ❑ ❑ Southold Town Board Regular Meeting June 28, 2016 page 5 ❑ Defeated William P Ruland Seconder � ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter � ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter � ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Voter � � O ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter � ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2016-637 CATECORY: Employment-Town DEPART�iENT: Accounting Hire Pump Out Boat Operator RESOLVED that the Town Board of the Town of Southold hereby appoints Robert A. Goodale to the seasonal position of Pumpout Boat Operatpr for the Trustees effective June 29, 2016 through October 31, 2016 at a rate of$16.00 per hour. ✓Vote Record-Resolution RES-2016-637 � Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter � ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 O � ❑ ❑ Tax Receiver's Appt lill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter p O ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ O ❑ Supt Hgwys Appt Sw[t A.Russell Voter � ❑ ❑ ❑ O No Action ❑ Lost 2016-638 CATEGORY.• Budget Modification DFP.9R7:�1F_11�'T.• Zoning Board of Appeals 2016 Budge�Modification -ZBA Financial hnpact: to cover lines overdrawn by retirenient of employee Southold Town Board Regular Meeting June 28, 2016 page 6 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2016 General Fund Part Town budget as follows: From: B.1990.4.100.100 General Fund Part Town Unallocated Contingencies $ 12,266.00 Total $ 12,266.00 To: B.8010.1.100.200 Overtime Earnings $ 1,366.00 B.8010.1.100.300 Vacation Earnings $ 227.00 B.8010.1.100.400 Sick Earnings $ 10,673.00 Total $ 12,266.00 ✓Vote Record-Resolution RES-2016-638 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter � ❑ ❑ ❑ ❑ Supervisor's Appt W����am P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt ����Doherty Voter � ❑ ❑ O ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder � ❑ O ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter � ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-639 CATEGORY: Grants DF.P.9RTMF_NT.• Town Attorney Suffolk County WQPRP Fur7ding Assistunce WHEREAS, the Town of Southold has been awarded a grant from the Suffolk County Water Quality Protection and Restoration Program and Land Stewardship Initiative ("WQPRP"), for the "Development of a Living Shoreline, Enhance Habitat Value, and Improve Water Quality" project near the Suffolk County Marine Environmental Learning Center in Southold; and WHEREAS, under the grant requirements, the Town of Southold is required to incur the total cost of the project in the amount of$117,600.00 and thereafter seek reimbursement under the grant award for expenditures in the amount of$58,800.00; thereby resulting in $58,800.00 net cost to the Town which will be funded by the Town and in kind services from Cornell Cooperative Extension; and Southold Town Board Regular Meeting June 28, 2016 page 7 WHEREAS, the Town Board, has reviewed the provisions of the New York State Environmental Quality Review Act (SEQRA) and has considered the potential impacts of the proposed action. NOW, THEREFORE, BE IT RESOLVED that the Town Board, being the Lead Agency under SEQRA, has determined that, pursuant to Section 617.5 (c) (20) and (27) of Title 6 of the NYCRR, the proposed action is deemed to be a Type II Action; and BE IT FURTHER RESOLVED that the Town Board agrees that it will fund its portion of the cost of the project; and BE IT FURTHER RESOLVED that by the Town Board of the Town of Southold that Supervisor of the Town of Southold is hereby authorized to enter into an Intermunicipal Agreement with the County of Suffolk to accept and administer the Suffolk County WQPRP grant for the "Development of a Living Shoreline, Enhance Habitat Value, and Improve Water Quality"project near the Suffolk County Marine Environmental Learning Center in Southold the terms and conditions of which shall be subject to review and approval by the Town Attorney's Office; and BE IT FURTHER RESOLVED that one (1) certified copy ofthis Resolution be prepared and sent to the Suffolk County Department of Economic Development and Planning to support the Town's award for the Suffolk County WQPRP funding assistance. �/Vote Record-Resolution RES-2016-639 � Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt W��liam P Ruland Voter f�J ❑ ❑ O ❑ Tax Receiver's Appt 1i��Doherty Voter 0 ❑ ❑ ❑ � Rescinded Robert Ghosio Seconder L�J ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover � ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter C�I ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-640 C�fTF_GORY: Budget Modification DEPART�I�R'T: Accounting Create Capital 13trdget for Ma�nicity Upgrade and Tablets for Code Enforcemerrt Financial Impact� Southold Town Board Regular Meeting June 28, 2016 page 8 WHEREAS the Town Board of the Town of Southold adopted a 2016 Capital Budget which includes an $I 1,000 appropriation for the Municity Upgrade and Tablets for Code Enforcement, 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 Proiect in the 2016 Capital Fund: Capital Project Name: Municity Upgrade/Tablets Financing Method: Transfer from the General Fund Whole Town Budget: Revenues: H.5031.45 Interfund Transfers $11,000 Total $11,000 Appropriations: H.1680.2.200.700 Central Data Processing Capital Outlay Municity Upgrade/Tablets $I 1,000 Total $11,000 ✓Vote Record-Resolution RES-2016-640 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter 0 ❑ O ❑ � Supervisor's Appt W��1iam P Ruland Voter � ❑ ❑ ❑ ❑ Tax Receiver's Appt Ji�1 Doherty Voter � ❑ ❑ ❑ O Rescinded Robert Ghosio Mover � ❑ ❑ O O Town Clerk's Appt Louisa P Evans Seconder � ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter p ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-641 CATEGORY.• Committee Appointment DEP;-iRTiYlE1VT: Town Clerk Comntittee Re-appointment RESOLVED that the Town Board of the Town of Southold hereby reappoints Joseph Conway, Sr. to the Police Advisory Committee through March 31, 2019. Southold Town Board Regular Meeting June 28, 2016 page 9 ✓Vote Record-Resolution RES-2016-641 � Adopted ❑ Adopted as Amended ❑ Defeated 1'es/Aye No/Nay Abstain Absent O Tabled ❑ Withdrawn James Dinizio Jr Mover � ❑ ❑ ❑ ❑ Supervisor's Appt W�Iliam P Ruland Voter � ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder � ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter � ❑ ❑ ❑ O Town Clerk's Appt Louisa P Evans Voter � ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-642 CATEGORY: Committee Appointment DFPART1tlENT: Town Clerk Committee Reappointment RESOLVED that the Town Board of the Town of Southold hereby reappoints James Baker III to the Southold Town Transportation Commission through March 31, 2019. ✓Vote Record-Resolution RES-2016-6d2 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter � ❑ ❑ ❑ � Supervisor's Appt W��liam P Ruland Seconder � ❑ O ❑ ❑ Tax Receiver's Appt 1i��Doherty Mover � ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-643 CATECORY: Authorize to Bid DF_Y.9RT•ti9E�'T: Highway Department Roac�Treulmer�t Bid 2016-17 Southold Town Board Regular Meeting June 28, 2016 page 10 Resolved that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to advertise for various road treatment bids including Type 6 Hot Mix Asphalt & Oil /stone for the calendar year 2016-17. ✓Vote Record-Resolution RES-2016-643 O Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dinizio Jr Voter � ❑ ❑ ❑ � Withdrawn ❑ Supervisor's Appt W�Iliam P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter � ❑ ❑ ❑ � Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter � ❑ O ❑ ❑ No Action ❑ Lost 2016-644 CATEGORY: Employment-FIFD DEPART��IENT: Accounting Appoint Hannah Peabody Part Tin�e Cashier RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted June 20, 2016 that appoints Hannah Peabody to the position of part time Cashier at a rate of$10.99 per hour effective June 29, 2016 through September 15, 2016. ✓Vote Record-Resolution RES-2016-644 � Adopted ❑ Adopted as Amended ❑ Defeated l'es/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter � ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ � Tax Receiver's Appt •���I Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 O ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Flgwys Appt Scott A.Russell Voter p ❑ O ❑ ❑ No Action ❑ Lost Southold Town Board Regular Meeting June 28, 2016 page I 1 2016-645 CqTEGORY.• Employment - FIFD DEPARTi'�1ENT: Accounting Appoint Nicholas Johnson Part Tinte Cashier RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted June 20, 2016 that appoints Nicholas Johnson to the position of part time Cashier at a rate of$10.99 per hour effective June 29, 2016 through September 15, 2016. ✓Vote Record-Resolution RES-2016-645 � Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter p p ❑ ❑ � Supervisor's Appt William P Ruland Voter p ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter p ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover � ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action � Lost 2016-646 CATEGORY.• Close/Use Town Roads DEPARTtYIENT: Town Clerk Grant Permission to the Mattituck Chamber of Commerce to Hold Its Annual Mattit�ck Street Fair Financial Impact: Total Police Department Cost for Event = ,�362.12 RESOLVED that the Town Board of the Town of Southold hereby �rants permission to the Mattituck Chamber of Commerce to hold its Annual Mattituck Street Fair and to close down Love Lane and Pike Street, east and west of Love Lane, Mattituck on Saturday July 9, 2016 from 7:00 AM to 5:00 PM provided they file a Certificate of Liability Insurance naming the Town of Southold as addition insured for two million dollars and comply with all the conditions of the Town's Policy for Special Events on Town Properties. All fees 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-2016-646 � Adopted 1'es/:���e No/Nay Abst:�in Absent ❑ Adopted as Amended .lames Dinizio.Ir Mover p ❑ ❑ ❑ ❑ Defeated William P Ridand Voter p ❑ ❑ p Southold Town Board Regular Meeting June 28, 2016 page 12 O Tabled Jill Dohert} Scconder � ❑ O ❑ ❑ Withdrawn Robert Ghosio Voter � ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2016-647 CATECORY: Employment -Town DEPARTIYIENT: Recreation Hire Seasonal Employee-Recreation Department RESOLVED that the Town Board of the Town of Southold hereby appoints the following individuals for the 2016 seasonal summer staff for the period June 29 - September 5 as follows: STILLWATER LIFEGUARD HOURLY SALARY Dylan Marlborough (1 st year).............................. $12.17 and be it further RESOLVED that the Town Board of the Town of Southold hereby rescinds Resolution No. 2016-543 approved at the May 31 Town Board meeting appointing the following summer seasonal employee for the 2016 summer season, June 25 through September 5. STILLWATER LIFEGUARD HOURLY SALARY Kimberly Scalzo (1 st year).................................... $12.17 ✓Vote Record-Resolution RES-2016-6a7 � Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled .lames Dinizio.Ir Voter 0 ❑ ❑ ❑ ❑ Withdrawn Wilham P Ruland Seconder O ❑ ❑ ❑ O Supervisor's Appt Jill Doheny Mover � ❑ � ❑ ❑ Tax Receiver's Appt Robert Ghosio Voter � ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Voter � ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A.Russell Voter � ❑ ❑ ❑ ❑ Supt Hg�vys Appt ❑ No Action ❑ l.ost Southold Town Board Regular Meeting June 28, 2016 page 13 2016-648 C.4TLCORY.• Budget Modification DEP�iRT�YIENT: Fishers Island Ferry District FIFD 2016 Budget Modification Financial Impact: to 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 June 20, 2016 regarding a budget modification in the amount of$60,000. ✓Vote Record-Resolution RES-2016-648 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt �✓�Iliam P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter � � ❑ ❑ ❑ Rescinded Robert Ghosio Voter f�J ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 O ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-649 CATEGOR P: Grants DEPARTil1E,'VT: Fishers Island Ferry District FIFD-Elizabeth Field ACIP 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 June 20, 2016 regarding Elizabeth Field Airport Capital Improvement Plan. ✓Vote Record-Resolution RES-2016-6d9 � Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ,lames Dimzio.Ir Voter 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Seconder � ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ O Supervisor's Appt Louisa P Evans Mover � ❑ ❑ ❑ Southold Town Board Regular Meeting June 28, 2016 page 14 ❑ Tax Receiver's Appt Scott A.Russell Voter 0 0 ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt O No Action ❑ Lost 2016-650 CfITEGORY.• Grants DEPART�'�IENT: Fishers lsland Ferry District FIFD Elizabeth Field Environmental Analysis 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 June 20, 2016 regarding Elizabeth Field Environmental Analysis. ✓Vote Record-Resolution RES-2016-650 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent � Tabled ❑ Withdrawn James Dinizio Jr Voter � ❑ ❑ ❑ ❑ Supervisor's Appt W����am P Ruland Voter � ❑ ❑ ❑ ❑ Tax Receiver's Appt 1���Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover � ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-651 C.�fTF.GORY: Contracts, Lease & Agreements DEP4RT.-biENT: Town Attorney Manufacturer's Allowance Progrum -HRC RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to enter into a Participation A�reement between the Town of Southold and Prime Services, Inc. in connection with the Town participatin� in a Manufacturer Allowance Pro�ram for the Town's Senior Services, subject to the approval of the Town Attorney Southold Town Board Regular Meeting June 28, 2016 page 15 ✓Vote Record-Resolution RES-2016-651 � Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled .lames Dinizio.Ir Mover � O ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt W�Iliam P Ruland Voter 0 ❑ � ❑ ❑ Tax Receiver's Appt Jill Doherty Voter � ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 � ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder � � ❑ O ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-652 CATEGORY: Contracts, Lease &Agreements DEP�RTi11ENT: Town Attorney NYSDEC Cancellation Letter RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Attorney to send Notice to New York State Department of Environmental Conservation cancelling the contracts between the Town of Southold and New York State Department of Environmental Conservation for Contract#C303426 (Peconic Bay Estuary Program). ✓Vote Record-Resolution RES-2016-652 0 Adopted O Adopted as Amended � Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn lames Dinizio Jr Voter � ❑ ❑ ❑ ❑ Supervisor's Appt W��liam P Ruland Seconder � ❑ ❑ ❑ ❑ Tax Receiver's Appt lill Doherty Mover � � O ❑ O Rescinded Robert Ghosio Voter � O ❑ ❑ 0 Town Clerk's Appt Louisa P Evans Voter � ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter � ❑ O ❑ ❑ No Action ❑ Lost 2016-653 Cf1TEGOK 3': Grants DEP.9RT�1E�1•`T: Solid Waste Management District Southold Town Board Regular Meeting June 28, 2016 page 16 HHW Grant Applicatiofi 2016-17 WHEREAS, the State of New York provides financial aid for household hazardous waste programs; and WHEREAS the Town of Southold, herein called the Municipality, has examined and duly considered the applicable laws of the State of New York and the Municipality deems it to be in the public interest and benefit to file an application under these laws; and WHEREAS, it is necessary that a Contract between the People of the State of New York, herin called the State, and the Municipality be executed for such State aid; NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Southold: 1. That the filing of an application in the form required by the State of New York in conformity with applicable laws of the State of New York including all understanding and assurances contained in said application is hereby authorized; 2. That Supervisor Scott A. Russell or his designee is directed and authorized as the official representative of the Municipality to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the State; 3. That the Municipality agrees that it will fund the entire cost of said Household Hazardous Waste Program and will be reimbursed by the State for the State share of such costs; 4. That five (5) certified copies of this Resolution be prepared and sent to the NYS Department of Environmental Conservation together with a complete application. 5. That this resolution shall take effect immediately. ✓Vote Record-Resolution RES-2016-653 � Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Uinizio Jr Voter � ❑ ❑ D ❑ Supervisor's Appt W�Iliam P Ruland Mover � � � ❑ ❑ Tax Receiver's Appt •���I Doherty Voter 0 � ❑ ❑ ❑ Rescinded Robert Ghosio Voter O ❑ ❑ ❑ � Town Clerk's Appt Lowsa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ � ❑ No Action O Lost 2016-654 CATF_CURY: Legislation Southold Town Board Regular Meeting June 28, 2016 page 17 DEPART,�YIENT: Town Clerk LL/Amendments to Chapler 280 Zoning Affordable Housing District to SCPC&PB RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housin�District" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. ✓Vote Record-Resolution RES-2016-654 � Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter 0 � ❑ ❑ ❑ Supervisor's Appt W�11iam P Ruland Voter 0 ❑ ❑ ❑ � Tax Receiver's Appt Ji11 Doherty Voter � ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ � ❑ ❑ Town Clerk's Appt Louisa P Evans Mover � O � ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-655 CATEGORY: Property Usage IIEPART1bIENT.• Land Management Coordination Ruth Oliva Preserve Whereas a draft stewardship management plan for Ruth Oliva Preserve at Dam Pond in East Marion was presented to the Town Board; 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 Ruth Oliva Preserve at Dam Pond. ✓Vote Record-Resolution RES-2016-655 0 Adopted 1'es/Aye No/�lay Abstain r�bsent � Adopted as Amended .lames Dinizio.lr Voter 0 ❑ � ❑ ❑ Defeated William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tabled .lill Doherty Voter � ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconder � ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter � ❑ ❑ � ❑ To�vn Clerk's Appt Southold Town Board Regular Meeting June 28, 2016 page 18 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2016-656 CATEGORY.• Budget Modification DEP.�RT,�IENT: Accounting BUdget Modification for Records Management Financial Impact: Provide fi�nding for Stacey Norklun to work up to 1 D hours a week overtime in the Records Managentent Office RESOLVED that the Town Board of the Town of Southold hereby modifies the 2016 Records Management Officer budget in the General Fund Whole Town as follows: From• A.1460.1.300.100 Records Management, Seasonal Regular $5,000 Total $5,000 To: A.1460.1.100.200 Records Management, Full time Overtime $5,000 Total $5,000 ✓Vote Record-Resolution RES-2016-656 � Adopted O Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled .lames Dinizio.Ir Mover 0 ❑ ❑ ❑ � Withdrawn ❑ Supervisor's Appt W�>>�am P Ruland Seconder � ❑ � ❑ � Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter � ❑ � ❑ ❑ Town Clerk's Appt Louisa P Evans Voter � ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action O Lost 2016-657 CATEGOR}': Contracts, Lease & Agreements DEPAR71t�E;V%': Town Attorney Southold Town Board Regular Meeting June 28, 2016 page 19 HRC Phone Purchase Agreement RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Purchase Agreement between the Town of Southold and Forerunner Technologies, Inc. for the replacement of the Human Resources phone system, which agreement includes the installation and warranty of telecommunications, internetworking and/or converged equipment ("Equipment") and/or licensed software, (collectively the "System") for the sum of$7,983.86, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2016-657 � Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt W����am P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt 1i��Doherty Mover C�] ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 1�7 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter � ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter � ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-658 C9'IECORY: Contracts, Lease &Agreements DEPARTMENT: Town Attarney Highway Department Phone Purchase Agreement RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Purchase Agreement between the Town of Southold and Forerunner Technologies, Inc. for the replacement of the Highway Department phone system, which agreement includes the installation and warranty of telecommunications, internetworking and/or converged equipment ("Equipment") and/or licensed software, (collectively the "System") for the sum of $6,854.56, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2016-658 0 Adopted 1 es/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated .lames Dinizio Jr Voter � � ❑ ❑ ❑ Tabled W�Iliam P Ruland Mover � ❑ O ❑ ❑ Withdrawn Jill Doherty Voter � ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter � ❑ ❑ ❑ ❑ Tas Receiver's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter � ❑ ❑ ❑ Southold Town Board Regular Meeting June 28, 2016 page 20 O Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2016-659 CATEGORY.• Legal DCPARTMENT: Town Attorney Satisfaction of Mortgage-NFHA RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution 2016-578 adopted at the May 31, 2016 regular Town Board meeting in its entirety and be it further RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Satisfaction of Mortgage to the North Fork Housing Alliance for the property known as 429 Kaplan Ave, Greenport,New York (SCTM No. 1001- 004.00-001.00-003.00). ✓Vote Record-Resolution RES-2016-659 � Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - ❑ Withdrawn James Dinizio Jr Voter � ❑ ❑ ❑ � Supervisor's Appt W����am P Ruland Voter � ❑ ❑ ❑ ❑ Tax Receiver's Appt J���Doherty Voter � ❑ ❑ ❑ � Rescinded Robert Ghosio Seconder � ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter � ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-660 C�fTF.GORY: Contracts, Lease& Agreements DEP9RTiti1ENT: Town Attorney Microsoft Corporation Agreeinent RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to enter into an Agreement with Microsoft Corporation for subscription licenses and online services, subject to the approval of the Town Attorney. Southold Town Board Regular Meeting June 28, 2016 page 21 ✓Vote Record-Resolution RES-2016-660 � Adopted � Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn JamesDinizioJr Voter � ❑ ❑ ❑ ❑ Supervisor's Appt W�11iam P Ruland Voter � ❑ ❑ ❑ ❑ Tax Receiver's Appt lill Doherty Voter � ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover � ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter � ❑ ❑ ❑ ❑ No Action ❑ Lost VI. Public Hearings None Closin� Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: That concludes the agenda. I would invite anybody that would like to address the Town Board on any issue to please feel free? Bill Shipman, Cutchogue BILL SHIPMAN: Bill Shipman, Cutchogue. Last week after our discussion, you had made a remark to the paper that you felt that I was harassing and/or intimidating the business with the resources of Southold Town. I was just wondering what you meant by that? SUPERVISOR RUSSELL: No, what I think is you are trying to get us to do that and you are ignoring certain facts and that's not appropriate and I will give you fact number one. You sat up here and said that they were selling cigars last year. The restraining order never prevented the operation of that building, to be open and retail. What it prevented specifically was the sale of cigars. There is no indication that they were selling any cigars until recently and we took immediate action. There is concern that I have is your singular focus on the code enforcement on one property in Southold Town, you can drive down any road any weekend and you are going to see people that eclipse the code on a regular basis. Your focus is very singular. MR. SHIPMAN: Right. Singular because that business exploded, doing things that were unethical, illegal and I was defending my home, which I continue to defend my home. SUPERVISOR RUSSELL: I agree. Southold Town Board Regular Meeting June 28, 2016 page 22 MR. SHIPMAN: But like you said, I would like to get back to the cigar store. They are allowed to sell certain wine related items, correct? SUPERVISOR RUSSELL: They are allowed, yes. MR. SHIPMAN: Right. And the building that they are selling those cigars out of, that's listed as office space on their site plan? SUPERVISOR RUSSELL: That's subject to the stipulation of settlement as to what the future of that building would be. I can tell you how I believe, I do not believe that any real retailing of the kind can take place in that building. That their original application or laboratory is what they are entitled to and that's it. MR. SHIPMAN: Okay. That sounds a little hypocritical to me because you are telling me in one sentence that I am focusing on that when they are allowed to do that and now you are telling me that you do agree with me that that's not on the site plan. SUPERVISOR RUSSELL: The stipulation of settlement hasn't been executed number one. Number two, you need to understand we had a significant legal hurdle when that issue got put on the table, because while we thought it was a violation of the code, our former code enforcement officer said it's not a violation of the code. So we have to go to court and tell the judge, oh, we think they are violating the code but oh, guess what? Our code enforcement officer at the time, said no, they are not. That was a significant legal hurdle that we had to, there's a lot more to the legality than my strong feelings. MR. SHIPMAN: Okay, so this would be a perfect thing like I have said probably 100 times in the past, that if you would relay certain information to us, that it wouldn't become issues like this, at a Town Board meeting. So now back to the cigar shop. The ZBA said it's not a permitted use. SUPERVISOR RUSSELL: Right. MR. SHIPMAN: Okay, so ZBA tells me it's not permitted use. You tell me it's not permitted use in March at the meeting. And then I bring up the fact that that's happening at that location and I did say that it happened last summer because it did and it just didn't get any attention because of what happened in that particular area. So my concern is how am I getting you to harass them for something and/or intimidate them for something that's wrong? And I continue to complain about it. If I continue to complain, I am harassing and/or intimidating somebody? SUPERVISOR RUSSELL: No, you're not. You are trying to get us to use all of our resources to focus on just one establishment. MR. SHIPMAN: No, I am trying to get you make them do what they are supposed to do per the agreement. Southold Town Board Regular Meeting June 28, 2016 page 23 SUPERVISOR RUSSELL: Now what you seem to ignore, the agreement hasn't been executed, but you seem to ignore the fact that the town has committed a substantial amount of resources to bring them into compliance. We have gotten substantial compliance and I don't think you have given us any credit for that. It's not the operation it used to be. Are there lapses in code? Absolutely. But when we find out about it, we take action. I can't, we can't possibly guess on Friday what they are going to be doing on Saturday and Sunday... MR. SHIPMAN: We already know what they are going to be doing on Saturday and Sunday. SUPERVISOR RUSSELL: When we find out, we take action. When we find out, we take action. MR. SHIPMAN: Just over the past few years, we already know what they are doing on Saturdays and they have already proved it this month and last month. May 2°d, I will bring in the FOIL reports from the fire department if you want, because I have them. May 22°d, alcohol overdose. It doesn't happen at many tasting rooms but it happened at this one. June Sth, alcohol overdose. Doesn't happen at many tasting rooms but it happens at this one. So now, when I complain about the things that look like they have a conclusion to them because you told me that per the agreement that that building was shuttered and that was it, that they weren't supposed to be doing that and to file the online complaint and I did. And by the way, my wife didn't post that on Facebook, she posted the link to the news agency that covered that. SUPERVISOR RUSSELL: My understanding, and I am going to defer to Bill, but my understanding, the only controlling feature on that property now is the restraining order. That we haven't executed a settlement, so if the restraining order didn't speak to the use of the building but only the sale of cigars, you know, we are as bound to the restraining order as the operators. TOWN ATTORNEY DUFFY: (Inaudible) In the last five weeks, they have not sold cigars. As soon as you brought it to our attention, we investigated on our own and we shut them down. MR. SHIPMAN: Right but that's something that you told me that happened last year, that they weren't going to be doing that. SUPERVISOR RUSSELL: I have no knowledge, I need for you to tell me if you can verify or at any time last year, if you can verify that they were selling cigars you should have brought it to our attention then, we would have taken action then. MR. SHIPMAN: I have been bringing 99 percent of what happens over there to this attention here. And either very limited things get done or nothing gets done where you are telling us that things are done, so then I come here and we have the same dumb conversation week after week. So getting back to the cigar shop, they shouldn't be there. Carrect? SUPERVISOR RUSSELL: I don't believe it should be. MR. SHIPMAN: So I am not harassing or intimidating? Southold Town Board Regular Meeting June 28, 2016 page 24 SUPERVISOR RUSSELL: You are implying... MR. SHIPMAN: Along with my other complaints that you felt I was using your resources for. SUPERVISOR RUSSELL: You are implying that it's not allowed to be currently open and the restraining order doesn't stop it from being open. What it only stops is the sale of cigars. You know, these are the issues..... MR. SHIPMAN: Out of the office space. SUPERVISOR RUSSELL: Yes, because the restraining order didn't prohibit the use of the room for retailing. Our agreement, if we strike one and we come up to a stipulation of settlement, my wish would be to see that obliterated, no retailing, it's not allowed. A commercial use in a residential zone or an AC zone. That's what I would like to see as part of a stipulation, but a stipulation is back and forth. It's not cast in stone until the documents are signed. MR. SHIPMAN: Right. So now back to that, office space being used to sell cigars because isn't there a policy that you can't sell tobacco products if you are serving alcohol? SUPERVISOR RUSSELL: I would have to, the SLA has to speak to that but I know you are not allowed to sell cigars on that site and the restraining order, it reinforced the town's position that cigars where not allowed to be sold. MR. SHIPMAN: That's why they are selling them out of the office space. TOWN ATTORNEY DUFFY: They are not selling them. MR. SHIPMAN: Not as of right now. But as of.... TOWN ATTORNEY DUFFY: Not for the last five weeks. As soon as you told us they were doing it, we took action. MR. SHIPMAN: Right but that was supposedly taken care of last year. TOWN ATTORNEY DUFFY: I don't recall that being discussed last year. I was here last year and I, we had several complaints, you made several complaints about busses and everything else but I don't recall you bringing cigars to our attention last year. MR. SHIPMAN: No, I didn't bring cigars to your attention last year because I was tired of complaining about the same thing day after day, week after week. So I wanted, I know now is what other circumstance you think that I am exploiting the town's resources to harass and/or intimidate a particular business? Southold Town Board Regular Meeting June 28, 2016 page 25 SUPERVISOR RUSSELL: First of all, let me just say, all of your anger is understandable. We feel the same way. We tried to shut it down, we couldn't. The SLA, the strongest agency in New York State, wasn't successful. MR. SHIPMAN: It's called corruption in New York State. SUPERVISOR RUSSELL: It might be or the tower of Ag and Markets that refuses to take action against bad actors, however, the fact is, things are going to take place from time to time. if they are allowed 36 cars and they have 40, that shouldn't generate a complaint. If they have 50, if they are egregious about that, those are the things that should generate complaints. But I have gone by that property so many times in the past, last year we used to talk and you would say they are doing this, they are doing that and I didn't see evidence of it. I didn't see, now, when we have parking violations we find out about and we take legal action. I mean, it's those types of things, it's a global perception on what you expect us to do there and we can't sit there with the code enforcement officer babysitting Saturday and Sunday because we can't look like we are arbitrary or capricious either. You know, we can't bring this extra measure of code enforcement to this one property because of prior bad acts. MR. SHIPMAN: And continued bad acts. Not in the spirit of the agreement. But what other resources do you believe I am exploiting through the town... SUPERVISOR RUSSELL: I don't think you are exploiting, I think you are trying to urge us to use our resources with the micro-managing approach you are taking to the site. That's my global perspective on that. I have given you two examples. I think you want us to put all of our code enforcement focus on one property every weekend and that's unreasonable, it's unrealistic and frankly, that's not the way the town should govern itself. MR. SHIPMAN: Okay. Regarding the traffic.... SUPERVISOR RUSSELL: I didn't speak to the issue of traffic. MR. SHIPMAN: You don't think I am harassing there? SUPERVISOR RUSSELL: No, I don't speak to the issue of traffic. I thought you raised some valid points on traffic, I have never raised that issue. MR. SHIPMAN: Okay, so regarding the traffic now, are we going to attempt to, how should I go about not exploiting town resources by reporting this. SUPERVISOR RUSSELL: you bring it to our attention and we will look at it, if we can verify the complaint, we will take action. MR. SHIPMAN: That's kind of hard to do when you ask for targeted enforcement between particular hours, particular hours are 3 and 6, particular days are Saturdays and I understand that the chief was concerned that I wanted a sector car there from, that was the story last week, you Southold Town Board Regular Meeting June 28, 2016 page 26 know, all day in one section of the town. If you remembered me saying since 2012, a particular time and a particular place between the hours of 3 and 6 on Saturday's usually. So, it's concerning. SUPERVISOR RUSSELL: Okay. I agree with everything you say but understand, the changing nature of the north fork, busses and limos, present a huge danger all over Southold Town. When we force the limos to keep driving and not make the u-turns they shouldn't be making, they end up going up Bridge Lane, we had highway patrol out there over the weekend. MR. SHIPMAN: Eighteen violations, right? SUPERVISOR RUSSELL: Yes. With people exceeding the weight limits. The problem is, there are going to be problems. There are unsafe circumstances, very dangerous circumstances. It is a town-wide problem. And it's not an easy solution. MR. SHIPMAN: Then why are we worrying about harassing people when it's clearly a dangerous situation, many of us see. SUPERVISOR RUSSELL: Because there's, look, I agree with how dangerous it is, but we are trying to covering an entire town, with a huge dangerous circumstance with busses and limos. Town wide. MR SHIPMAN: Right. In March you told me you hired 8 new officers last year and that should alleviate the majority of the problems. SUPERVISOR RUSSELL: No, I said it would bring substantial highway, which we have. We have. MR. SHIPMAN: I was just concerned mainly with the wording of, I was attempting to use town resources to harass and intimidate. SUPERVISOR RUSSELL: You weren't. MR. SHIPMAN: I don't know how it got there. SUPERVISOR RUSSELL: No, I think you tried to get us to. I mean, literally you were out here counting cars that were slightly exceeding the site plan. Now I agree... MR. SHIPMAN: What's slightly exceeding? SUPERVISOR RUSSELL: What's that? MR. SHIPMAN: What's slightly exceeding? SUPERVISOR RUSSELL: That's a good question. I think you were talking about 40, 45 cars. Southold Town Board Regular Meeting June 28, 2016 page 27 MR. SHIPMAN: No, I was talking about 60. SUPERVISOR RUSSELL: 60? MR. SHIPMAN: Yes, 60. Their legal occupancy for the building which the events are supposed to be inside, is 125 people. So t heir parking allows them six large busses, so that's already 240 people, 11 limousines and that's another 100 some odd people and we are allowing them.... SUPERVISOR RUSSELL: I am unaware of them exceeding the site, I don't believe there is a site limit to 125, their might be a building occupancy... MR. SHIPMAN: The building occupancy. SUPERVISOR RUSSELL: But the outdoor, from my knowledge the town doesn't have, we should, but we don't have code governing the amount of, the site capacity. MR. SHIPMAN: We have town codes about that. SUPERVISOR RUSSELL: Not site capacity. MR. SHIPMAN: If there is an event happening with more than 300 people, you are supposed to have a permit, right? SUPERVISOR RUSSELL: It depends. MR. SHIPMAN: That's the whole thing about everything, it depends. That's why I have to come here to focus on certain things because I live there, Scott, not you, not Mr. Dinizio, not Mrs. Doherty, not Mr. Ruland, not Mrs. Evans or Mr. Ghosio, Mrs. Neville or Mr. Duffy. I live there, Scott. SUPERVISOR RUSSELL: I know that and I understand all this anger, believe me, I was fighting the fight for you all these years, and I think we won for the most part. Are there trespassers of the code? Yes. But when we find out, we take action. You just mentioned a few minutes ago that 300 they need a special events permit, what's your basis for suggesting that? if you look at the code, it might not rise to the level. You do not automatically need a special events permit because you have 300 on site. There is a certain criteria that define a special event. Having a successful business model, as unpleasant as it might seem, isn't necessarily a special event. MR. SHIPMAN: Because of the gray areas in the liquor authority's rulings, which I am sure there is going to be a definition of a tasting rather soon but their tastings which they are selling is a 64, 144 ounce beach bucket pail. So if magic fountain served that as a tasting, they would be out of business pretty quick, rather than just having a tasting, they would be out of business pretty quick, rather than having a tasting of a $40 one. So, how people exploit the term wine tasting to bucket gorging is you know, beyond how I am able to figure this stuff out. Southold Town Board Regular Meeting June 28, 2016 page 28 SUPERVISOR RUSSELL: There's a lot of exploitation of codes that are not clearly defined, both through Ag and Markets, possibly through SLA and frankly, possibly the town. We created special events legislation, it was too strict, New York Ag and Markets took it, they dumbed it down so much that it's almost meaningless. We are trying to apply special events legislation without clear guidance because that's how Ag and Markets does things. The thing is, is that it takes place, it takes place everywhere, not just there. And we try to address it when we can. MR. SHIPMAN: Not just there but across the street from my home which if it was across the street from your home, you would probably be doing the same thing. I know several other people up there would probably be doing the same thing, so when something is going on in that particular area and you say, this is going to be bad, this is going to happen and that, something does happen, that's why I am here. Is because that something happened to 4 people. They died. They are not here. That could have been any one of our families involved in that at that particular time and myself even more likely because I live there, I go through that intersection multiple times every day. My wife leaves the house to go to the store multiple times, to take the kids to wherever they are going during that season and we like to travel away from there because of what goes on. SUPERVISOR RUSSELL: I agree. MR. SHIPMAN: Alcohol overdoses. SUPERVISOR RUSSELL: I agree. But I really wish you would step back just once in a while and say, you know what, the town have put a lot of resources here and we were largely successful. That's not the operation it used to be. That's clear. There isn't the music; we are not getting the complaints generated for the most part. Are they from time to time overstepping the code? Absolutely. We find out and we try to take action. MR. SHIPMAN: Exactly. Because that's where I live, that's my home. In 2015, before the accident, I didn't say anything for a long time. After the accident, I didn't say anything until you start seeing the limo's doing the same thing, the same turns again. And that's when the motor carrier came out, in September, October, because I was coming back here. And I asked for enforcement. And the motor carrier cited those people for doing those things. So, if I let them go, it is going to grow and grow and grow and I am going to be back in the same spot, so, I know the town is looking for affordable housing, please, let's figure something out where government can cut the red tape. Buy my home. Purchase my home for affordable housing. I will leave. That's where I am now. I will leave my home of 16 years prior to moving there from another residence in Mattituck. My wife will leave in a heartbeat. That's how much this stinks for us. that's how much I enjoy coming here. But I can't sell my house which I purchased at an opportune time, to have an affordable mortgage where I don't have to work three jobs. I can work two, I can pay my mortgage, I can pay my taxes and then I can live in a home. But when it sucks there, for that particular time, for however long it has now, buy my home. I will leave. Please. Figure something out, buy it. It's a great spot. Southold Town Board Regular Meeting June 28, 2016 page 29 Supervisor Russell SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any issue? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:04P.M. � * * * * . l�G . El beth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS) MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell