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HomeMy WebLinkAboutTB-09/26/2017 ELIZABETH A. NEVILLE �g�ff0(,pC Town Hall, 53095 Main Road TOWN CLERK Quo �Gy� PO Box 1179 C4 Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER y'�Ol �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 September 26, 2017 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, September 26, 2017 at the Meeting Hall, Southold,NY. Call to Order 7:30 PM Meeting called to order on September 26, 2017 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 1 Present I. Reports 1. Planning Board Monthly Report 2. Town Clerk Monthly Report 3. Program for the Disabled Monthly Report 4. Zoning Board of Appeals Monthly Report 5. Programs for the Disabled Reports Southold Town Board Regular Meeting September 26, 2017 page 2 II. Public Notice III. Communications IV. Discussion 1. 9:00 Am - Kevin Webster, Robert Scott and Richard Caggiano 2. 9:15 Am -Lloyd Reisenberg 3. 9:30 Am -Denis Noncarrow with Carol Magee, LCSW from Family Service League 4. 9:45 Am - Denis Noncarrow 5. 10:15 Am - Jamie Richter with Vincent Orlando 6. Councilman Ruland 7. 10:00 Am -Jamie Richer and Jeff Standish 8. Supervisor Russell 9. Amendment to Section 280-13—Zoning, Use Regulations Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 10:46 AM for the purpose of discussing the following matters: Proposed Acquisition, Sale or Lease of Real Property Where Publicity of Would Substantially Affect the Value Thereof Labor- Matters Involving the Employment of a Particular Person(S) Water Conservation Committee Member RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 10. EXECUTIVE SESSION- Proposed Acquisition, Sale or Lease of Real Property Where Publicity of Would Substantially Affect the Value Thereof 11. EXECUTIVE SESSION -Labor-Matters Involving the Employment of a Particular Person(S) Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 12:59PM. Southold Town Board Regular Meeting September 26, 2017 page 3 RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 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 12:59 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 Pledge to the Flag 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 Opening Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance. Thank you. Would anyone like to address the Town Board on any of the agenda items? (No response) V. Resolutions 2017-792 CATEGORY.• Audit DEPARTMENT.• Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated September 26 2017. Vote Record-Resolution RES-2017-792 . El Adopted Yes/Aye ( No/Nay Abstain Absent ❑ Adopted as Amended James Dinizio Jr Voter D —❑ ❑ ❑ ❑ Defeated William P Ruland Voter D ❑ ❑ ❑ 0 Tabled Jill Doherty Voter D 0 0 ❑ Southold Town Board Regular Meeting September 26, 2017 page 4 ❑ Withdrawn Robert Ghosio Seconde 0 1 ❑ 1 ❑ 1 ❑ ❑ Supervisor's Appt Louisa P Evans Mover 1 D 1 ❑ ❑ 1 ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter ( Rl ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2017-793 CATEGORY.• Set Meeting DEPARTMENT. Town Clerk Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, October 10, 2017 at Southold Town Hall, 53095 Main Road, Southold,New York at 4.30 P. M.. ✓Vote Record-Resolution RES-2017-793 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn _ James Dmizio Jr Voter El ❑ ❑ ❑ El Supervisor's Appt William P.Ruland Voter El � [111I � ❑ ❑ Tax Receiver's Appt Jill Doherty Voter D ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconded El j ❑ ❑ I ❑ ❑ Town Clerk's Appt Louisa P Evans Mover I El 11 ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D ❑ ❑ ❑ No Action ❑ Lost 2017-794 CATEGORY. Employment-FIFD DEPARTMENT. Accounting Increase Salary of Ryan Healy RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted September 18, 2017 that increases the salary of Ryan Healy to $18.00 per hour effective August 31, 2017. Southold Town Board Regular Meeting September 26, 2017 page 5 ✓Vote Record-Resolution RES-2017=794 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain I Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover 0 1 El [IEl William P.Ruland Seconde 0 j ❑ 1 ❑ 1 ❑ ❑ Supervisor's Appt ❑ Tax Receiver's Appt Jill Doherty Voter I 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 j ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-795 CATEGORY. Misc. Public Hearing DEPARTMENT: Government Liaison Public Hearing to Hear Citizens Views on Local Housing and Community Development Needs RESOLVED that the Town Board of the Town of Southold hereby sets 7:31 PM, Tuesday, October 24, 2017, Southold Town Hall, 53095 Main Road, Southold,New York 11971, as the time and place for a Public Hearing to hear citizens views on local housing and community development needs to be met with approximately $50,000.00 in Community Development Block Grant funds the Town of Southold expects to receive in April 2018 and authorizes the Town Clerk to publish an"Announcement of Public Hearing Notice". ✓Vote Record-Resolution RES-2017-795, 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James D[mzio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Seconde 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 1 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Rl j ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter I 0 ❑ I ❑ ❑ ❑ No Action ❑ Lost 2017-796 Southold Town Board Regular Meeting September 26, 2017 page 6 CATEGORY: Contracts,Lease&Agreements DEPARTMENT: Fishers Island Ferry District FIFD Stipulation of Agreement CSEA RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated September 5, 2017 in regard to the Stipulation of Agreement between the Fishers Island Ferry District and the CSEA, INC. Local 1000, AFSME AFL-CIO. ✓Vote Record-Resolution RES-2017-796 Q Adopted ❑ Adopted as Amended ❑ Defeated - - -----------_ .------- - -------- Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter Q1 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Mover Q1 ❑ ❑ 1 ❑ El Tax Receiver's Appt Jill Doherty Voter � Q i ❑ � El ❑ � ❑ Rescinded Robert Ghosio Voter 0 ❑ 0 ❑ El Town Clerk's Appt Louisa P Evans Secondecj Q j El ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q El El ❑ ❑ No Action ❑ Lost 2017-797 CATEGORY.• Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Mattituck Presbyterian Church to Hold Its Emerging Artisan Fair Financial Impact: Total Police Department Cost for Event= $134.32 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Mattituck Presbyterian Church to hold its Emerging Artisan Fair and to close a portion of Old Sound Avenue, on the corner of Love Lane and Route 25,Mattituck on Saturday October 7, 2017 from 7:00 AM to 4:00 PM provided they file a Certificate of Liability Insurance naming the Town of Southold as additional insured for two million dollars and comply with the conditions of the Town's Policy for Special Events. All fees with the exception of the Clean-up deposit shall be waived. ✓Vote Record-Resolution RES-2017-797 Q Adopted -�—Yes/Aye I No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated James Dmizio Jr I Voter Q ❑ ❑ ❑ ❑ Tabled William P.Roland Voter Q ❑ El ❑ ❑ Withdrawn hll Doherty Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Second Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Mover Q 11 ❑ 11 Southold Town Board Regular Meeting September 26, 2017 page 7 ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2017-798 CATEGORY. Contracts,Lease&Agreements DEPARTMENT: Town Attorney Agreement W/SC Youth Bureau-DARE Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the County of Suffolk Youth Bureau and the Town of Southold, in the amount of$20,500.00 for the term January 1, 2017 through December 31, 2017, all in accordance with the approval of the Town Attorney. ✓Vote Record-Resolution.RES-2017-798 CEJ Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled -- James Dimzio Jr ❑ ❑ ❑ Withdrawn William P.Ruland Voter ❑ ❑ ❑ ❑ Supervisor's Appt ❑ Tax Receiver's Appt Jill Doherty Voter D j ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover D ! ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder D j 11 j El ❑ Supt Hgwys Appt Scott A Russell Voter D j ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-799 CATEGORY.• Landfill Misc. DEPARTMENT. Solid Waste Management District Shrink Wrap Tip Fee WHEREAS revenue on the sale of recycled industrial shrink wrap has fallen to $0.00/lb, the Town Board of The Town of Southold hereby authorizes the Solid Waste Management District to establish a tip fee of$0.04/lb on shrink wrap delivered to the Cutchogue Transfer to cover the cost of delivering such material to recycling markets. Southold Town Board Regular Meeting September 26, 2017 page 8 ✓Vote Record-Resolution RES-2017-799, - IZ Adopted ❑ Adopted as Amended ❑ DefeatedYes/Aye No/Nay Abstain A ❑ Tabled —�------- --�-------- bsent ❑ Withdrawn James Dinizio Jr Mover 21 El 11 ❑ Supervisor's Appt William P Ruland Voter CSI 1 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty � Seconde DI [I1 ❑ ❑ ❑ Rescinded Robert Ghosio Voter El 1 ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-800 CATEGORY.• Refund DEPARTMENT.• Town Clerk Various Clean Up Deposits WHEREAS the following groups have supplied the Town of Southold with a refundable Clean- up Deposit fee, for their events and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that this fee may be refunded, now therefor be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of the deposit made to the following Name Date Received Amount of Deposit Southold American Legion 6/21/17 $250.00 Griswold, Terry, Glover PO Box 591 Southold,NY 11971 Tammie Hildesheim 8/17/17 $250.00 1460 Bray Avenue Laurel,NY 11948 Crash for Gold Productions, LLC 8/25/17 $250.00 Rita Laterca 10 Java Street Brooklyn,NY 11222 Southold Town Board Regular Meeting September 26, 2017 page 9 Southold Boy Scout Troop #6 5/31/17 $250.00 PO Box 67 Peconic, NY 11958 ✓Vote Record-Resolution RES=2017=800 " Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter Q ; El 11 ❑ ❑ Supervisor's Appt William P Ruland Seconde Q [111T 11 ❑ ❑ Tax Receiver's Appt Jill Doherty Mover � Q � ❑ � ❑ Robert Ghosio Voter Q ❑ ❑ ❑ Rescinded ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q ❑ D D ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ I Ij �� ❑ ❑ No Action ❑ Lost 2017-801. CATEGORY: Legal DEPARTMENT. Town Attorney Satisfaction of Mortgage-Boergesson 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 Carl P. Boergesson, for property known as 1860 Hiawatha's Path, Southold,New York (SCTM#1000-078.00-03.00- 042.002) subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2017401 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter Q � El 10 ❑ El Supervisor's Appt William P Ruland Mover Q � El ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty _ Voter Q � 11 ❑ 1 ❑ ❑ Rescinded Robert Ghosio Voter I Q i 111 ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconde Q ❑ El El ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting September 26, 2017 page 10 2017-802 CATEGORY.- Close/Use Town Roads DEPARTMENT: Town Clerk Oysterponds School District-Life of Peconic Bay Financial Impact: Cost Analysis:None RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Oysterponds School District to place a porta-potty in the area of the Town Ramp located on Narrow River Road, Orient for the day of October 20, 2017. ✓Vote Record-Resolution RES-2017-802 Q Adopted ❑ Adopted as Amended ❑ Defeated IYes/Aye No/Nay Abstain Absent ❑ Tabled - ❑ Withdrawn James Dmizio Jr Voter Q f ❑ � ❑ ❑ El Supervisor's Appt William P Ruland Voter Q El El 11 ❑ Tax Receiver's Appt Jill Doherty Voter I Q i ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconded Q ❑ ❑ I ❑ ❑ Town Clerk's Appt Louisa P Evans Mover Q ❑ O T� ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ! ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-803 CATEGORY: Employment-FIFD DEPARTMENT.• Accounting Appoint Jaime Albohn Freight Agent RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted September 18, 2017 that appoints Jaime Albohn to the position of Freight Agent effective October 2, 2017 at a rate of$16.00 per hour. ✓Vote`Record-Resolution RES-2017-803 Q Adopted ❑ Adopted as Amended Yes/Aye I No/NayT Abstain Absent ❑ Defeated James Dmizio Jr Voter Q I 11 r ❑ ❑ ❑ Tabled William P Ruland Voter Q ❑ 0 ❑ ❑ Withdrawn Jill Doherty Voter ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Mover Q ; ❑ ❑ ❑ ❑ Tax Receiver's Appt ❑ Rescinded Louisa P Evans Seconde� Q � El � ❑ ❑ Scott A Russell Voter 1 Q ❑ ❑ Town Clerk's Appt ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action Southold Town Board Regular Meeting September 26, 2017 page 11 ❑ Lost 2017-804 CATEGORY.• Refund DEPARTMENT. Town Clerk Refund of Traffic Control Fee WHEREAS Crash for Gold Productions, LLC, had supplied the Town of Southold with a Traffic Control fee of$975.00 for their event and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that part of this fee may be refunded, now therefor be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of the $225.00 to Crash for Gold Productions, LLC, Rita Laterca, 10 Java Street Brooklyn,NY 11222. ✓Vote Record--Resolution RES72017-804 R1 Adopted ❑ Adopted as Amended ❑ Defeated — Yes/Aye ( No/Nay 1 Abstain Absent ❑ Tabled James Dmizio Jr Mover D ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Voter D C ❑ ❑ I 11 ❑ Tax Receiver's Appt Jill Doherty SecondedR1 i ❑ 11 ❑ Rescinded Robert Ghosio Voter ❑ ❑ El ❑ ❑ Town Clerk's Appt Louisa P Evans Voter R ❑ ❑ , ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D ( ❑ El ❑ ❑ No Action ❑ Lost 2017-805 CATEGORY.• Public Service DEPARTMENT. Fishers Island Ferry District FIFD-2017/2018 Winter Schedule RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated September 18, 2017 in regard to the 2017/2018 Winter Schedule. Southold Town Board Regular Meeting September 26, 2017 page 12 ✓Vote Record-'Resolution RES-2017-805" , 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye ( No/Nay�Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 �— ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland -Seconde ❑ D ( ❑ ❑ Jill Doherty Mover [I Tax Receiver's Appt - D � [1 � [1-1 ❑ El Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter D i EJ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ i ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-806 CATEGORY.- Contracts,Lease&Agreements DEPARTMENT: Fishers Island Ferry District FIFD-Frontier Communications Corporation RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated September 18, 2017 in regard to Frontier Communications Corporation. ✓Vote Record-Resolution RES-2017-806 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dinizio Jr r Voter D r ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter ( 0 I ❑ I ❑ ❑ ❑ Rescmded Robert Ghosio Voter 0 ❑ ❑ 11❑ Town Clerk's Appt Louisa P Evans Seconded 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-807 CATEGORY• Retirement/Resignation DEPARTMENT: Accounting Retirement Resolution for Elected Officials Southold Town Board Regular Meeting September 26, 2017 page 13 WHEREAS,the State of New York has set additional reporting requirements in Section 315.4 of the New York Codes, Rules and Regulations which requires all elected and appointed officials whose terms start on or after August 12, 2009, who are members of the New York State and Local Retirement System and who do not participate in their employer's time keeping system to prepare a log of their work-related activities for three consecutive months and submit their logs to the clerk or secretary of the governing board within 150 days of the start of their term;Now Therefore, be it RESOLVED that the Town Board of the Town of Southold hereby establishes the following as standard workdays for elected and appointed officials and will report the following days worked to the New York State and the Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Title Name Standard Term Participates in Days/Month (based Work Day Begins/ Employer's on Record of (Hrs/day Ends Time Keeping Activities) System (Y/N) Elected Officials Zoning Board Nicholas 6 3/28/17-12/31/18 N 4.06 Planamento BE IT FURTHER RESOLVED, that said standard is being established to meet the accounting requirements of the New York State Employees Retirement System for calculation of retirement benefits, and BE IT FURTHER RESOLVED, that the Town Clerk be and she hereby is authorized to send a certified copy of this resolution to the New York State Employees Retirement System. 1, Elizabeth A. Neville, Town Clerk of the governing board of the Town of Southold of the State of New York, do hereby certify that I have compared the foregoing with the original resolution passed by such board, at a legally convened meeting held on the 26th day of September 2017 on file as part of the minutes of such meeting, and that the same is a true copy thereof and the whole of such original. I further certify that the full board, consists of six (6) members, and the six (6) of such members were present at such meeting and the six (6) of such members vote in favor of the above resolution. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Southold, on this 26th day of September 2017. SEAL Elizabeth A.Neville Southold Town Board Regular Meeting September 26, 2017 page 14 Town Clerk Town of Southold A certified copy of this resolution shall be sent to the New York State Employees Retirement System and posted on the Town Website for a period of thirty (30) days. ✓Vote Record-Resolution RES-2017-807 - Q Adopted ❑ Adopted as Amended ❑ DefeatedYes/Aye No/Nay Abstain Absent El Tabled El Withdrawn _ James Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Voter D ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconded Q 1 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans over D I ❑ I ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter f Ef ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-808 CATEGORY.• Attend Seminar DEPARTMENT: Recreation Attend Meeting RESOLVED that the Town Board of the Town of Southold hereby grants permission to Recreation Supervisor Janet Douglass to attend the Recreation Directors Roundtable meeting on September 29, 2017 at Chili's in Holtsville,New York. All expenses for registration and travel to be a legal charge to the 2017 Recreation Department budget, meetings and seminars, A.7020.4.600.200. ✓Vote Record-Resolution RES-2017-808 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - -— ❑ Withdrawn James Dimzio Jr Voter 0 j '❑ El ❑ Supervisor's Appt William P Ruland Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter E, j ❑ I ❑ I ❑ ❑ Rescinded Robert Ghosio Mover lZ ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans -Seconded D 1 11El El ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting September 26, 2017 page 15 2017-809 CATEGORY.• Property Usage DEPARTMENT: Recreation Southold High School Cross Country Use of Tasker Park RESOLVED that the Town Board of the Town of Southold hereby grants permission to Southold High School to use Tasker Park for junior high school cross country teams upon approval through November 1, 2017 . Fields will be reserved from 3:00 - 6:00 p.m. Monday through Friday. Applicant has filed with the Recreation Departments a One Million Dollar Certificate of Insurance with a Twelve Million Dollar Excess Liability naming the Town of Southold as additional insured. ✓Vote Record-Resolution RES-2017-809 Q Adopted ❑ Adopted as Amended ❑ Defeated _ Yes/Ay�—No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Mover Q ❑ ❑ ❑ ❑ Withdrawn William P Ruland I Seconded Q 1 ❑ 1 ❑ ❑ Supervisor's Appt ❑ ❑ Jill Doherty Voter Q Tax Receiver's Appt ❑ ❑ � ❑ ❑ Rescinded Robert Ghosio VoterQ ( ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q i ❑ ❑ ❑ Scott A Russell Voter ❑ Supt Hgwys Appt Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-810 CATEGORY.• Budget Modification DEPARTMENT. Solid Waste Management District SWMD Budget Mod Financial Impact: Unused vacation earnings to cover cost to replace bucket control valve for 966. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2017 Solid Waste Management District budget as follows: From: SR 8160.1.100.300 F/T Employee Vacation Earnings $3.200 Total $3,200 Southold Town Board Regular Meeting September 26, 2017 page 16 To: SR 8160.4.100.551 Maint/Supply 966 Loader $3,200 Total $3,200 ✓Vote Record-Resolution RES-2017-810 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abst.i.—F Absent ❑ Tabled James Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Seconde Q ❑ ❑ ❑ El Tax Receiver's Appt Jill Doherty Mover Q � ❑ ❑ 11 ll- ❑ Rescinded Robert Ghosio Voter Q ❑ f ❑ ❑ Louisa P Evans Voter I Q ❑ I ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Scott A Russell ,Voter Q Li ❑ ❑ ❑ No Action ❑ Lost 2017-811 CATEGORY.• Attend Seminar DEPARTMENT. Supervisor Zoning Board Members Training Program RESOLVED that the Town Board of the Town of Southold hereby grants permission to the following Zoning Board of Appeals members Leslie Weisman(Chairperson), Gerard Goehringer,Nicholas Planamento, and Patricia Acampora to attend a Land Use Training program for Municipal Planning and Zoning Officials at Hofstra University, Hempstead,New York, on September 25, 2017, in fulfillment of their 2018 required annual training. All expenses for registration, travel to be a legal charge to the 2017 Zoning Board of Appeals budget (meetings and seminars). ✓Vote Record-Resolution RES-2017-811 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn James Dinizio Jr Voter Q ❑ ❑ ❑ -- -- - - - - ❑ Supervisor's Appt William P.Ruland Mover Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q El El ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconde Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost Southold Town Board Regular Meeting September 26, 2017 page 17 2017-812 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission for "CAST- Mighty North Fork Triathlon" Financial Impact: Total police Department Cost for Event = $919.80 RESOLVED that the Town Board of the Town of Southold hereby grants permission for the CAST to hold the"The 18th Annual Millhty North Fork Triathlon", at Cedar Beach Park, Southold,New York, on Sunday, May 27,2018 using the following roads: Cedar Beach Road, Paradise Point Road, Bayview Road North, Anchor Lane, Pine Neck Road, Jacobs Lane and Main Bayview Road. and provided they file with the Town Clerk a Two Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; a$250.00 filing fee; $150.00 deposit for clean-up (deposit to be returned after event upon recommendation of Chief Flatley, Southold Town Police Department)provided they comply with the Town of Southold's Policy for Special events on Town Properties and Roads. ✓Vote Record-Resolution RES-2017-812 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn - - James Dmizio Jr Voter 0 ❑ ❑ El ❑ Supervisor's Appt William P Ruland Voter I 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconde 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 I ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 1 ❑ I ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Comments regarding resolution 812 SUPERVISOR RUSSELL: I am just going to say that I am really happy and pleased that the Mighty North Fork was able to develop a new event that still is consistent with the Town's road use policy. It's a very popular event, it's very well run. It was probably one of the biggest regrets I had in having to support a special events on town properties and roads policy. I just felt that was necessary. I am really pleased that everything has worked out now. 2017-813 Southold Town Board Regular Meeting September 26, 2017 page 18 CATEGORY.• Contracts,Lease&Agreements DEPARTMENT.• Town Attorney 2017 Youth Bureau Service Agreement RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the 2017 Southold Town Youth Services Agreement with the County of Suffolk, in the amount of$8,157.00, for the term January 1, 2017 through December 31, 2017, subject to the approval of the Town Attorney. ✓Vote Record-,Resolution RES-2017-813 0 Adopted ❑ Adopted as Amended ❑ Defeated ----- ------- ---- ------ --------- Yes/Aye I N-W- Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter D ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 13 ❑ ❑ ❑ [I Tax Receiver's Appt Jill Doherty Voter D ❑ ❑ ❑ ❑ Rescinded Robert Ghosio I Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconde 0 1 ❑ 1 ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter [Z ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-814 CATEGORY.• Close/Use Town Roads DEPARTMENT: Town Clerk Southold Athletic Assoc. 5K Financial Impact: Police Department Cost for Event =$452.24 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold School District to use certain roads for a 5K race in Southold,New York on November 4, 2017, start time 9:00 AM, route for the 5K: beginning at the Elementary School parking lot onto Oaklawn Avenue to Route 25, east to Youngs Avenue, to Calves Neck Road, to Harper Road, Hill Road, Wells Road, back to Oaklawn Avenue, to Pine Neck Road to Main Bayview Road to Main Road, Jockey Creek Drive back onto the Southold School property, provided applicant meets all of the requirements as listed in the Town Policy on Special Events and Use of Recreation Areas and Town Roads. Fees for this event have been waived with the exception of the Clean-up deposit. ✓Vote Record;Resolution RES-2017=814 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended - — ❑ Defeated James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Voter D ❑ 11 ❑ Jill Doherty Voter 0 Withdrawn D ❑ ❑ ❑ Southold Town Board Regular Meeting September 26, 2017 page 19 ❑ Supervisor's Appt Robert Ghosio Voter 0 ❑ ❑ 1 ❑ ❑ Tax Receiver's Appt Louisa P Evans I Seconded Rl 1 ❑ 1 ❑ 1 ❑ ❑ Rescinded Scott A Russell Voter Rl 1 ❑ 1 ❑ 1 ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2017-815 CATEGORY.- Legal DEPARTMENT.• Town Attorney Retain Sinnreich, Kosakoff&Messina, LLP RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a retainer agreement with the law firm Sinnreich, Kosakoff&Messina, LLP to represent the Town of Southold Zoning Board of Appeals in the relation to Zoning Board of Appeals applications of Petros Kougentakis (ZBA file# 7049), subject to the approval of the Town Attorney. '✓Vote Record-Resolution RES-2017-815 Rl Adopted ❑ Adopted as Amended ❑ Defeated 11 Tabled Yes/Aye No/Nay Abstain Absent T ❑ Withdrawn James Dmizio Jr Voter El ❑ T ❑ ❑ ❑ Supervisor's Appt William P.Ruland Secondej Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover I 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 21 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 1 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-816 CATEGORY: Budget Modification DEPARTMENT: Highway Department 2017 Budget Modification-Highway Financial Impact: to cover over expenditures Southold Town Board Regular Meeting September 26, 2017 page 20 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2017 Highway Fund Part Town budget as follows: From: DB.5110.4.400.300 Drainage Replacement $2,880.00 DB.5142.2.400.200 Snow Equipment 1,404.00 DB.5110.1.100.100 Regular Earnings 50,000.00 Total: $54,284.00 To: DB.5110.4.100.100 Misc. Supplies $1,000.00 DB.5110.4.100.350 Traffic Paint 404.00 DB.5110.4.100.960 Drain Pipe/Rings/Covers 2,880.00 DB.5110.1.100.200 Overtime Earnings 5,000.00 DB.5130.2.500.300 Other Equipment 829.00 DB.5140.1.100.100 Brush& Weed Regular Earnings 44,171.00 Total: $54,284.00 '✓Vote Record-Resolution RES-2017-816 0 Adopted ❑ Adopted as Amended ❑ Defeated -1 Ycs/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter i D ❑ ❑ ❑ El Supervisor's Appt William P Ruland Mover I lo 1 ❑ ❑ ❑ ❑ Tax Receiver's Appt _Jill Doherty Voter � D ❑ � 11 � 11 ❑ Rescinded Robert Ghosio Voter I 0 ( [I [I El ❑ Town Clerk's Appt Louisa P Evans Seconded^ D ❑ El El ❑ Supt Hgwys Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-817 CATEGORY.• Local Law Public Hearing DEPARTMENT.• Town Clerk P.H. 10/24/17 @ 9:01 Am LL Gri fng St., Cutchogue Water Map Amendment WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 26th day of September, 2017 a Local Law entitled "A Local Law to Amend the Town of Southold Water Supply Plan Map to a Portion of Griffins Street, Cutchogue,New York, SCTM# 1000-102.00-05.00-009.004, now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the Southold Town Board Regular Meeting September 26, 2017 page 21 24th day of October,2017 at 9:01 a.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law to Amend the Town of Southold Water Supply Plan Map to Griffins Street, Cutchogue,New York" SCTM# 1000-102.00-05.00- 009.004 reads as follows: LOCAL LAW NO. 2017 A Local Law entitled, "A Local Law to Amend the Town of Southold Water Supply Plan Map to a Portion of Griffins Street, Cutchogue, New York". BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1. Legislative Intent. This Local Law proposes to amend the Town of Southold Water Supply Plan Map to include the extension of a waterline to 260 Griffing Street, Cutchogue, SCTM#1000-102-5-9.4. Historically, the Water Supply Plan Map reflects the physical changes in the water supply network since 2000. The property owner, William J. Baxter, Jr., has represented to the Town that he wishes to include accessory apartments in the standard subdivision. In order for the Suffolk County Board of Health to allow this all lots in the subdivision must be serviced by public water. The extension of the transmission main is intended to supply the Baxter subdivision and is not intended to result in additional pressure in the area. Section 2. Enactment. Based on the goals of the Suffolk County Water Authority and Suffolk County Department of Health Services to provide safe drinking water to the Baxter subdivision, and upon our consideration of the recommendations of the Town Planning Department, and the public comments taken at the public hearing, we hereby amend the Town of Southold Water Supply Plan Map to include the extension of a water line to 280 Griffing Street, Cutchogue. Section 3. The Southold Water Supply Plan Map as adopted by Resolution No. 31 on June 20, 2000 by the Town Board, and most recently amended by Resolution No. 2017-403, is hereby amended to reflect the extension of a water line to the Baxter subdivision, Cutchogue. ✓Vote Record-Resolution RES-2017-817 ' * Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Voter � ❑ ^1 O —1 0 ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Voter D ❑ ❑ 11 ❑ Tax Receiver's Appt Jill Doherty Voter El ❑ f ❑ ❑ ❑ Rescinded Robert Ghosio Seconded Rl 1 ❑ 1 ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter R1 ❑ ❑ ❑ ❑ No Action 11 Lost Southold Town Board Regular Meeting September 26, 2017 page 22 2017-818 CATEGORY: Legislation DEPARTMENT: Town Clerk Authorize and Direct the Town Clerk to Forward the Proposed Local Law RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to forward the proposed Local Law entitled, "A Local Law to Amend the Town of Southold Water Supply Plan Map to a Portion of Griffing Street, Cutchogue", to the Southold Town Planning Board and the Suffolk County Planning Commission for comments and recommendations. ✓Vote Record-Resolution RES-2017-818 E1 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled --- --- -- ❑ Withdrawn James Dmizio Jr Voter z ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Voter z ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter z ( ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover Ci ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconde z ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter7— ❑ 1 ❑ I ❑ ❑ No Action ❑ Lost 2017-819 CATEGORY: Budget Modification DEPARTMENT. Engineering Modem 2017 Fishers Island Sewer District Budget for Maintenance/Repair Financial Impact:Increase Fishers Island Sewer District Budget RESOLVED that the Town Board of the Town of Southold hereby increases and modifies the 2017 Fishers Island Sewer District Budget as follows: Increase Revenues: SS2.5990.00 APPROPRIATED FUND BALANCE $ 5,000 Increase Appropriations: SS2.8120.4.400.300 SYSTEM MAINTENANCE/REPAIR $ 5,000 ✓Vote Record-Resolution RES-2017-819. z Adopted I Yes/Aye No/Nay Abstain Absent 0 Adopted as Amended James Dmizio Jr Mover 0 ❑ ❑ ❑ Southold Town Board Regular Meeting September 26, 2017 page 23 ❑ Defeated William P.Ruland Voter ❑ ❑ 1 ❑ ❑ Tabled Jill Doherty Voter 21 i ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter Z ❑ ❑ 1 ❑ [I Supervisor's Appt Louisa P Evans ( Seconde D j 11 ❑ ❑_ ❑ Tax Receiver's Appt Scott A Russell I Voter lZ ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2017-820 CATEGORY.• Property Acquisition Purchase DEPARTMENT. Land Preservation Brushes Creek Acquisition of Open Space RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Supervisor to execute the Purchase Agreement, any amendments thereto and any other documents in connection with the open space acquisition of fee title to parcels of land identified as SCTM#1000-127.-3-9.2 and#1000-127.-8-17.2, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2017-820 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye i No/Nay Abstain Absent ❑ Tabled – – James Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn --- nde 0 ❑ ❑ ❑ [I Supervisor's Appt William P Ruland Seco - -- -- ❑ Tax Receiver's Appt Jill Doherty Mover 0 j ElEl ❑ ❑ ❑ Rescinded Robert Ghosio Voter D1-7— � E3 ❑ Town Clerk's Appt Louisa P Evans Voter D ❑ I ❑ 1 ❑ [ISupt Hgwys Appt Scott A Russell - Voter ❑ El ❑ ❑ No Action ❑ Lost 2017-821 CATEGORY.• Legal DEPARTMENT. Town Attorney Action Against EPA Southold Town Board Regular Meeting September 26, 2017 page 24 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Attorney to appear on behalf of the Town of Southold in the action commenced by the State of New York against the Environmental Protection Agency ("EPA") and/or commence an action against the EPA with regard to the EPA approval of dumping dredge spoils in the Long Island Sound. ✓Vote Record-Resolution RES-2017-821 0 Adopted ❑ Adopted as Amended ❑ Defeated `m Yes/A a No/Nay Abstain Absent ElW Tabled James Dimzio Jr Voter 0 ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 j ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Secondei 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter J 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Comments regarding resolution 821 COUNCILMAN GHOSIO: I just want to take a moment to thank the Board for being very supportive of this. When this came up and we found out that the EPA is allowing potential dumping of hazardous materials just off the shores of Southold, I felt it was imperative for us to get involved and possibly attach ourselves to the lawsuit that New York State filed and I am glad that we decided that even if that does not necessarily come within what we can do, that we still do something and I appreciate that support. SUPERVISOR RUSSELL: Yes, I am going to echo that this is-an effort to support New York State in what I have described in the past as a bone headed idea to permit the dredge spoil dumping in deposit sites in the Long Island Sound. I want to bring to the attention of everybody, this is for nine separate private dredging operations, not a public works project. This is nine separate private operations. 2017-822 CATEGORY: Budget Modification DEPARTMENT: Accounting 2017 Budget Modification-Highway/Capital Financial Impact:Allocate$S,000 towards sidewalk work RESOLVED that the Town Board of the Town of Southold hereby modifies the 2017 Highway Fund and Capital budgets as follows: Southold Town Board Regular Meeting September 26, 2017 page 25 From: D13.5110.4.100.905 Asphalt Patch $5,000 Total $5,000 To: D13.9901.9.000.100 Transfer to Capital $5,000 Total $5,000 Increase• H.5031.92 Interfund Transfer, Sidewalks $5,000 Total $5,000 Increase• H.5410.2.100.100 Sidewalk Improvements $5,000 Total $5,000 ✓Vote Record-Resolution RES-2017-822 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye j No/Nay Abstain Absent ❑ Tabled -• - --- — James Dmizio Jr Voter o-1 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Ruland 0 Voter I ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ El El ❑ Rescinded Robert Ghosio Seconde� 0 I ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 i ❑ ❑ ❑ El Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ( El ❑ No Action ❑ Lost 2017-823 CATEGORY. Subdivisions DEPARTMENT. Town Attorney Waiver of Sketch Plan Fee RESOLVED that the Town Board of the Town of Southold hereby waives the Sketch Plan fee for the application of Veronica Gonzalez and Eva MacSweeney for a two lot subdivision for the property located at 2050 Platt Road, Orient, identified on the Suffolk County Tax Map as lot #1000-27-1-9. ✓Vote Record-Resolution RES=2017-823 i 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dinizio Jr Voter 0 ; ❑ ❑�— ❑ ❑ Defeated William P Ruland Voter 0 ❑ ❑ ❑ 0 Tabled Jill Doherty Voter I 0 I ❑ ❑ ❑ Southold Town Board Regular Meeting September 26, 2017 page 26 ❑ Withdrawn Robert Ghosio Mover 1 Q 1 ❑ ❑ 1 ❑ ❑ Supervisor's Appt Louisa P Evans I Seconded C1 1 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter Cl ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2017-824 CATEGORY.• Contracts,Lease&Agreements DEPARTMENT: Town Attorney Grant Distribution Authority-DASNY RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Grant Distribution Agreement with the Dormitory Authority of the State of New York ("DASNY") in connection with a State and Municipal Facilities Program ("SAM") grant to be utilized for improvements to the Southold Town Senior Center in the amount of$100,000.00. V.Vote Record-Resolution RES-2017-824 0 Adopted ❑ Adopted as Amended ❑ Defeated yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover 1 Q ❑ ❑ ❑ El Supervisor's Appt William P Ruland Voter o { ❑ 11 ❑ ❑ Tax Receiver's Appt Jill Doherty Voter lZ ( ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter I M I El ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans I Seconde4 0 I ❑ 1 ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter I 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-825 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL- Chapter 189 Parking WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk Southold Town Board Regular Meeting September 26, 2017 page 27 County,New York, on the 29th day of August, 2017, a Local Law entitled "A Local Law to consider amending Southold Town Code Chapter 189 (Parking)" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard,now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, entitled "A Local Law to consider amending Southold Town Code,Chapter189 (Parking)" reads as follows: LOCAL LAW NO. 13 of 2017 A Local Law entitled, entitled "A Local Law to consider amending Southold Town Code Chapter 189 (Parking) to amend the-dates that Town Parking Permits". BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 189. Parking Article I. Parking at Beaches § 189-3. Parking permits. Parking permits for parking vehicles in the parking areas designated in § 189-2 of this article shall be issued as follows: A. Resident parking permit. (1) A resident parking permit shall be issued by the Town Clerk or a person designated by him to all persons who are qualified residents of the Town of Southold. Persons applying for a resident parking permit shall be requested to sign an application in affidavit form and submit for inspection the following as proof of residence: [Amended 5-25-1971; 3-25-1975 by L.L. No. 1-1975; 7-14-1987 by L.L. No. 11-1987] (a) A valid tax receipt stub for the current year for any taxable real property within the Town of Southold assessed in the name of the applicant. (b) A valid motor vehicle registration in the name of the applicant and to an address located within the Town of Southold or to an address corresponding to the address of a validated tax receipt stub for the current tax year for any taxable real property within the Town of Southold affixed to the application. (c) Such other proof of residence as is satisfactory to the Town Clerk. (2) The Town Clerk or a person designated by the Town Clerk shall inspect such application to determine that the applicant is a qualified resident of the Town. Upon approval of the application, a resident parking permit shall be issued and inscribed with the vehicle license registration number. Such permit shall not be transferred to any other vehicle. [Amended Southold Town Board Regular Meeting September 26, 2017 page 28 3-25-1975 by L.L. No. 1-1975; 12-28-1984 by L.L. No. 10-1984] (3) Resident parking permits for motor vehicles shall be permanently affixed to the right side of the front bumper of such vehicle and shall be valid for the vehicle and an attached trailer. [Amended 5-9-1972; 10-18-1994 by L.L. No. 21-1994] (4) A Resident Parking Permit shall be valid for two years. The first two (2) year period shall commence January 1, 2018 and terminate on December 31, 2019. Thereafter, a new two (2) year permit period shall commence on January 1 st of every even-numbered year. (4)(5) The fee for the residential parking permit period, or any part thereof, issuanee of a resident par-king pei! ,it shall be suefee . shall be prescribed by resolution of the Southold Town Board. H. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2017-825 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Voter D ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P.Ruland Voter D ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Rl ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconded Rl 1 ❑ 1 ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D j ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-826 CATEGORY. Enact Local Law DEPARTMENT. Town Clerk Enact LL- Chapter 280 Nonconforming Buildings WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 29th day of August, 2017, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Nonconforming Southold Town Board Regular Meeting September 26, 2017 page 29 buildings with conforming uses" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Nonconforming buildings with conforming uses" reads as follows: LOCAL LAW NO. 14 of 2017 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Nonconforming buildings with conforming uses". BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 280. Zoning Article XXIII. Nonconforming Uses and Buildings § 280=122. Nonconforming buildings with conforming uses. A. Nothing in this article shall be deemed to prevent the alteration or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. [Amended 4-24-2012 by L.L. No. 6-2012] B. Reconstruction of a damaged building. damaged by fire or- e+b,er eauses to the ex+ent of mere than 501% of its aw iu value shall 36 epaired or rebuilt'anless-surah buiid; made substantially to eenferm to the height .a yarrlr-equir-ements eft the Ruin eNothing in this chapter shall prevent the complete restoration of a building destroyed by accidental cause such as fire, flood, explosion, riot or act of God nor prevent the continuance of the use of such building or part thereof. Such restored building shall not exceed the dimensions of the buildingdestroved. (2) Application for a permit to build or restore the damaged portion of any building damaged or destroyed as set forth in Subsection B(1) above shall be filed within one year of the date of such damage and shall be accompanied by plans for reconstruction which, as to such portion, shall comply with the requirements set forth above. If such permit is issued, it shall lapse one year thereafter unless reconstruction in accordance with the approved plans has been initiated III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any Southold Town Board Regular Meeting September 26, 2017 page 30 court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect January 1, 2018. -/Vote Record-Resolution RES-2017-826, ` Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter Q� ❑ ❑ ❑ 11 Supervisor's Appt William P Ruland Voter Q 1 ❑ ❑ ❑ ❑ Tax Receiver's pt Jill Doherty Seconde Q El 11 ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q j ❑ ❑ ❑ ❑ No Action ❑ Lost VI. Public Hearings PH 9/26/17 - 7:31 Pm - Chapter 189 Parking This public hearing was declared closed at 7:55PM RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Councilman Robert Ghosio, Jr. COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 291h day of August, 2017, a Local Law entitled "A Local Law to consider amending Southold Town Code Chapter 189 (Parking)" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 26th day of September,2017 at 7:31 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, entitled "A Local Law to consider amending Southold Town Code Chapter 189 (Parking)" reads as follows: LOCAL LAW NO. 2017 Southold Town Board Regular Meeting September 26, 2017 page 31 A Local Law entitled, entitled "A Local Law to consider amending Southold Town Code Chapter 189 (Parking) to amend the dates that Town Parking Permits". BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 189. Parking Article I. Parking at Beaches 189-3. Parking permits. Parking permits for parking vehicles in the parking areas designated in § 189-2 of this article shall be issued as follows: A. Resident parking permit. (1) A resident parking permit shall be issued by the Town Clerk or a person designated by him to all persons who are qualified residents of the Town of Southold. Persons applying for a resident parking permit shall be requested to sign an application in affidavit form and submit for inspection the following as proof of residence: [Amended 5-25-1971; 3-25-1975 by L.L.No. 1-1975; 7-14-1987 by L.L. No. 11-1987] (a) A valid tax receipt stub for the current year for any taxable real property within the Town of Southold assessed in the name of the applicant. (b) A valid motor vehicle registration in the name of the applicant and to an address located within the Town of Southold or to an address corresponding to the address of a validated tax receipt stub for the current tax year for any taxable real property within the Town of Southold affixed to the application. (c) Such other proof of residence as is satisfactory to the Town Clerk. (2) The Town Clerk or a person designated by the Town Clerk shall inspect such application to determine that the applicant is a qualified resident of the Town. Upon approval of the application, a resident parking permit shall be issued and inscribed with the vehicle license registration number. Such permit shall not be transferred to any other vehicle. [Amended 3-25-1975 by L.L. No. 1-1975; 12-28-1984 by L.L.No. 10-1984] (3) Resident parking permits for motor vehicles shall be permanently affixed to the right side of the front bumper of such vehicle and shall be valid for the vehicle and an attached trailer. [Amended 5-9-1972; 10-18-1994 by L.L.No. 21-1994] (4) A Resident Parking Permit shall be valid for two years. The first two (2) year period shall commence January 1 2018 and terminate on December 31 2019 Thereafter, a new two (2) year permit period shall commence on January 1 st of every even-numbered (4)(5) The fee for the residential parking permit period, or any part thereof, issuance ef a resident par-king pefmi shall be such fee a shall be prescribed by resolution of the Southold Town Board. Southold Town Board Regular Meeting September 26, 2017 page 32 II. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have an affidavit here, signed and notarized, that this has been noticed in the Suffolk Times and also in the Town Clerk's office and on the bulletin board. That is it. Supervisor Russell SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular local law? Robert Dunn, Mill Lane, Peconic ROBERT DUNN: Robert Dunn, Peconic. I just have two questions on it. That's Dunn with no e, everybody. Someone slipped one in a month ago. The residential parking permit A, is one and then A, B and C. The first section, that's a choice, correct? In other words you have got to provide either a tax receipt or a valid motor vehicle registration or such other proof that is satisfactory to the Town Clerk? SUPERVISOR RUSSELL: Yes. MR. DUNN: Or. SUPERVISOR RUSSELL: Yes, it provides a variety of options for the Town Clerk's office to evaluate and determine... MR. DUNN: I just wanted to be clear on that, because some of it would be a hassle. It would seem to me that the information, a valid tax receipt, that should be available but if it's any one of those three, then I am fine with that. The second question is I've always gotten one for my daughter, am I still going to be allowed to do that? How does that work? SUPERVISOR RUSSELL: Is the car registered in your name? MR. DUNN: No, it's her car. TOWN CLERK NEVILLE: Does she live with you? Does she live in the Town of Southold in your residence? MR. DUNN: She has a bedroom but she doesn't live here, no. TOWN CLERK NEVILLE: Okay, then it has to be a guest permit for her. Southold Town Board Regular Meeting September 26, 2017 page 33 MR. DUNN: Oh, I paid more. I mean, it cost me where mine was $10 or$15, hers was $40. SUPERVISOR RUSSELL: Yes. MR. DUNN: And I am fine with that. TOWN CLERK NEVILLE: Then it would not be a two year permit. MR. DUNN: Okay. TOWN CLERK NEVILLE: The lessee or the guest, hotel-motel are still going to remain one year. It is only going to be the resident. MR. DUNN: And I will just again, pay the appropriate amount. SUPERVISOR RUSSELL: Same process. MR. DUNN: Okay,that's fine. She brings baby seats and it's just easier. SUPERVISOR RUSSELL: There is a discussion in raising fees, in this particular instance, I know there was a proposal by Councilwoman Doherty to raise it from $10 to $15. The Board felt that, you know, it's an expensive proposition maintaining beaches but our first goal should be to try to reduce costs before we start increasing fees. There is a schedule of fees that we are looking at for guest permits and all that. We will do that by resolution at a future date. MR. DUNN: I don't have a problem with raising fees. SUPERVISOR RUSSELL: Good. MR. DUNN: I think it's really kind of... SUPERVISOR RUSSELL: Let me take a look at what I was going to propose. MR. DUNN: You can repeat me on that one. Supervisor Russell SUPERVISOR RUSSELL: Would anyone else like to address the Town Board on this particular local law? (No response) PH 9/26/17 - 7:32 Pm - Chapter 280 Nonconforming Buildings This public hearing was declared closed at 7:59PM Southold Town Board Regular Meeting September 26, 2017 page 34 RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Councilman Robert Ghosio, Jr. COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 29th day of August, 2017, a Local Law entitled "A Local Law in relation to Amendments to Chanter 280, Zoning, in connection with Nonconforming buildings with conforming uses" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 26th day of September 2017, at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Nonconforming buildings with conforming uses" reads as follows: LOCAL LAW NO. 2017 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Nonconforming buildings with conforming uses". BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 280. Zoning Article XXIII. Nonconforming Uses and Buildings § 280-122. Nonconforming buildings with conforming uses. A. Nothing in this article shall be deemed to prevent the alteration or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. [Amended 4-24-2012 by L.L.No. 6-2012] B. Reconstruction of a damaged building. damaged 1, fire or the eauses to the extent of more than 501% of its fa value shall t br-epaired o rebuilt t „to s sue -b Allal,g 1J made substantially to eenfenn to the height and yar-d r-equir-emetAs of the Bulk, c11-�"Nothing in this chapter shall prevent the complete restoration of a buildingdestroyed by accidental cause such as fire, flood, explosion, riot or act of God nor prevent the continuance of the use of such building or part thereof. Such restored building shall not exceed the dimensions of the buildingdestroyed. (2) Application for a permit to build or restore the damaged portion of any Southold Town Board Regular Meeting September 26, 2017 page 35 building damaged or destroyed as set forth in Subsection B(1) above shall be filed within one year of the date of such damage and shall be accompanied by plans for reconstruction which, as to such portion, shall comply with the requirements set forth above. If such permit is issued, it shall lapse one year thereafter unless reconstruction in accordance with the approved plans has been initiated III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect January 1, 2018. I do have a copy here of the legal notice from the Suffolk Times. And I have a signed and notarized affidavit that it was published in the Suffolk Times as well as the Town Clerk's office. I do have a memorandum from the Planning Board, thanking us for the opportunity to provide comments on the above referenced proposal of the above law `The Planning Board supports this code amendment that simplifies and clarifies the conditions under which a non-conforming building may be restored.' And a letter from the Suffolk County Department of Economic and Development Planning, that this is a matter that should be considered for local determination, that there is no apparent significant county-wide or inter-community impacts. That's all I have. Supervisor Russell SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular local law? Robert Dunn,Mill Lane, Peconic ROBERT DUNN: Robert Dunn, Peconic. It took a while to get your language done, I guess. But this gives a level of protection to a number of homes that I think are part and parcel of what Southold is and I think wants to continue being. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Would anyone else like to address the Town Board on this particular local law? COUNCILMAN GHOSIO: I am glad we are doing this, I've always argued that it was the right thing to do. somebody loses their house in a tragic accident or a fire, that they should be able to at least rebuild what they had. SUPERVISOR RUSSELL: People should understand this isn't a giveaway. This is basically letting you have what you had already had but lost it through some catastrophic event. Would anyone else like to comment? (No response) Southold Town Board Regular Meeting September 26, 2017 page 36 Closing Comments Supervisor Russell SUPERVISOR RUSSELL: That concludes the agenda. Would anyone like to address the Town Board on any issue? Robert Dunn, Mill Lane, Peconic ROBERT DUNN: Robert Dunn, Peconic. Our deal with Cablevision, Optimum, that comes up for review? SUPERVISOR RUSSELL: The franchise agreement? MR. DUNN: Right. SUPERVISOR RUSSELL: I think that's already been executed. MR. DUNN: Sorry? TOWN ATTORNEY DUFFY: About nine years, we renewed... MR. DUNN: Oh, so it's a ten year agreement? Okay. SUPERVISOR RUSSELL: would anyone else like to address the Town Board? Bill? Town Attorney William Duffy Supervisor Russell Bill Shipman 175 Horseshoe Dr.,Cutchogue BILL SHIPMAN: Bill Shipman, Cutchogue. I just wanted to share a couple of things from the Suffolk Times, June 8, 2017 `A drunk woman was spotted walking into traffic near Horseshoe Drive last Sunday, which would have been 6/4, responding officers found the woman to be highly intoxicated. Returned her to her friends, at Vineyard 48, who had been searching for her officials said.' No further action taken. Now I am going to go to August 6th, even though it wasn't reported to the police. `Family finds couple having sex in backyard. The Cutchogue family got an eyeful last Saturday when the couple was found getting busy in their backyard according to a young man, his sister came into his room and told him there were people in their backyard. The young lady is 12. The family lives on CR 48 which is directly across the road from Vineyard 48 which has made headlines in the past. I head downstairs to the back deck and sure enough, there's a younger couple, presumably visiting from Vineyard 48, enjoying coitus about 30 feet from the end of the property line. So they got up and started walking towards the highway, about a third of the way there, through the trees I see the feet stop moving. I went to get my shoes and took a walk out to the backyard. They were enjoying an adult activity once again. Next he told them, when I said you got to go, I mean go now, leave.' My daughter is 12, Scott, I think your son is 12? Southold Town Board Regular Meeting September 26, 2017 page 37 SUPERVISOR RUSSELL: 13, yes. MR. SHIPMAN: And your daughter is probably a couple of years older. So now, September 2nd of this year, alcohol overdose at Vineyard 48. September 23rd, just this past weekend, another alcohol overdose at Vineyard 48. So I haven't been around for a while, we have been doing other things on Saturday's. And Sunday's, rather expensive, but I like to go out on a limb and state, none of this, including alcohol overdoses occur at Laurel Lake, Borghese's, Macari, Lieb, Bridge Lane, Shinn, Pellegrini, McCall, WaterCrest and the list goes on. Probably 15 or 20. A lot of them I can't even pronounce. But why here? Someone has got to explain it to me. Keeps me up at night, why there? I have my own idea and I know my idea is right but I want to know why? It doesn't happen at the Valise, once in a while, okay. It usually has a bottle attached to his head but still, it doesn't happen at the Valise, it doesn't happen at CJ's, it doesn't happen at the AppleTree? Is that what it is now? I don't even know. No bars here have there been, there are six alcohol overdoses last year because I have the minutes from the meeting December 6, 2016 where we discussed it and/or debated it. So why? Someone has to enlighten me or you have to find somebody, please, to tell me why this is happening there and nowhere else across town? Not another place. SUPERVISOR RUSSELL: Irresponsible management and irresponsible, grossly negligent managing and running of the facility. And I know you are frustrated, we are too, we did start legal action some time ago. I won't discuss the details but we have been frustrated with the time it takes to get through the courts. We have just asked special counsel to expedite it as best he can. MR. SHIPMAN: What bothers me also, no further action taken. That woman was going to be number 5, so the ambulance goes into this place, picks up a mess on the floor or in this instance, laying next to the limousine in the parking lot and nobody takes that invitation, that you guys are invited there, they are inviting you there. They are asking for your help. Somebody is asking for your help. Pick them up, they are gone. Tearing ass down the road. Why isn't anybody else going in there? SUPERVISOR RUSSELL: We agree. We agree. MR. SHIPMAN: I don't know but I am assuming that you can end the bars activity for the night if something bad happens there. Something bad is happening there, multiple times a year. TOWN ATTORNEY DUFFY: I don't think that's accurate. MR. SHIPMAN: Somebody has got to do something, because there is going to be another death and then your insurance rates are going to go up, what, another 44%? SUPERVISOR RUSSELL: We agree with you 100%, and we did discuss in Executive Session today some efforts that need to be made to try to correct that or at least hold people accountable for it. which we plan on doing. I will say that we all share your frustration. We look at other Southold Town Board Regular Meeting September 26, 2017 page 38 agencies that have the authority to help, who although they tried once, don't seem to have any interest anymore. And that's a shame. We report all of that stuff to them. MR. SHIPMAN: Okay. I am asking my government officials to help me weed out corruption in the State Liquor Authority because I have a report that they did in October of 2014, so this was prior to their handing down their decision which it comes from counsel's office, Margarita Mescicero, `the stay of cancellation says the licensee may conduct business with a narrow scope, pruning vines, wine production, retail sales and related tastings solely related to those sales. Otherwise, no allowing of any tasting parties with or without music and outdoor or indoor venues.' So licensee is not authorized to sell cigars or cigarettes which they were up until last year, charge a cover charge which they are circumventing by using their coins, sell mixed drinks with sangria, promote parties of any type, have any type of party, inside or outside. No DJ's is music allowed, the volume doesn't matter but if the music is loud we would like to take note. No bar serving mixed drinks, should not be making noise, is noise audible from the road, are patrons rowdy, screaming, visibly intox.' There is a five page thing that you are welcome to have, because I am looking for help,that describes what they saw at that time. COUNCILMAN GHOSIO: That was a report from when they went to Vineyard 48? MR. SHIPMAN: They did an undercover observation in there or whatever you want to call it. so who knows if this even made it to where it's supposed to be but somebody who said something bad going on, somehow this miraculously appeared on my doorstep one day. COUNCILMAN GHOSIO: I would like a copy of it. SUPERVISOR RUSSELL: I will say, one of the problems here is that we have an agency putting rules in place that it's designed to enforce its own rules and that's been difficult but from a legal perspective, I will defer to Bill on this because we do have a pending action. TOWN ATTORNEY DUFFY: Several. SUPERVISOR RUSSELL: Right, several pending actions. MR. SHIPMAN: So who's paying who? COUNCILMAN GHOSIO: That's a good question. MR. SHIPMAN: Obviously I can't pay as much as they are but something is going on there because I have never seen, even though my experience is limited, any bar or wine tasting room have that many alcohol overdoses in one year, 2016 they had one in May, one in June, one in September and two or three in October. How much do you want to bet me there's going to be two or three this October? So... s Southold Town Board Regular Meeting September 26, 2017 page 39 COUNCILMAN GHOSIO: And it's interesting that the Governor is pushing to expand this type of an industry and all over the state, and the state liquor authority can't get a handle on one bad apple. It doesn't make sense to me. MR. SHIPMAN: It didn't make sense to me until I figured out somebody is paying somebody. That's the part that makes sense. I could be terribly wrong but I don't know, I think I am doing pretty good on that one. This whole list, which isn't a complete list of wine tasting facilities in Southold Town just in Southold Town, nobody else is having this. It's not happening on any of the ones I named. Why? COUNCILMAN GHOSIO: And I can tell you, from the winery owners and managers that I have spoken to over the last couple of years, they are not happy about it either. It is putting a black eye on their industry and they are not happy either. MR. SHIPMAN: They are not happy about it because no one looks at the (inaudible) they have got going on to make more of a profit. Because nobody cares. But when you live 150 feet from a place that is producing several alcohol overdoses, where your kids are playing basketball in the driveway and you are trying to enjoy it but you hear the thump of the music and now, you watch the ambulance pull in across the street. So now, I don't know, now somebody dies. Right? And then they are going to go and say, that's not my fault. There were six alcohol overdoses last year. There are two this year. Guarantee there will be five by the end of the month. SUPERVISOR RUSSELL: I will agree with the despicable management of the owner/operator there. I wouldn't be so quick to let some of those off the hook because there are incidents everywhere. If you talk to firemen they will tell you in the different fire districts the hot spots but you are right, pales in comparison to that. MR. SHIPMAN: Has Greenport had any alcohol overdoes lately? COUNCILMAN DINIZIO: No but we had a problem with one bar there, I think it shut down for that reason. MR. SHIPMAN: The Whiskey Wind? COUNCILMAN DINIZIO: Yes. Didn't take a long time to have that happen. MR. SHIPMAN: So this is since 2011. Here I stand in 2017. COUNCILMAN DINIZIO: I am counting 10. You sent this to me, it says December of 2016, 10 alcohol overdoses. I would like to have a copy of that paper. MR. SHIPMAN: Oh, I definitely made a copy. But somebody had suggested to me to contact my state representatives. Well, that is going to be like pulling teeth. So you guys all work the same hours. Southold Town Board Regular Meeting September 26, 2017 page 40 SUPERVISOR RUSSELL: Let's do this, let's organize a meeting through my office with state representatives to discuss the issue in detail. Senator LaValle did reach out to us early on, he said he is going to help me anyway he can. Unfortunately, he is one of 100 Senators. MR. SHIPMAN: That was in December of 2016 you told me that. SUPERVISOR RUSSELL: And he is dealing with a governor who favors wineries heavily, I am sorry, beer distilleries, drinking type of institutions heavily. MR. SHIPMAN: Which is fine, as long as it's moderated to not having alcohol overdoses. This isn't, we are missing the point, this is in the middle of the day, this is in the afternoon between the hours of 12 in the afternoon and 6:00 at night, not 2:00 in the morning when there's nobody awake to see it. SUPERVISOR RUSSELL: I would say it's fine as long as there's enforceable rules in place. I do not see that, I don't see the will to create those yet at the state level. I agree,we agree. MR. SHIPMAN: But this is still happening in our town, this is still happening 150 feet from my house, that's why I am here. There has to be something more that can be done when a particular business or place is producing the alcohol overdoses that they are producing. They are going to argue, they didn't get drunk in my place. Well, they might not have got drunk at your place but you are the one that's serving them and collecting the $10 or $15 cover charge. So, they are not free from the wrath here... SUPERVISOR RUSSELL: No. No. MR. SHIPMAN: This is, I still can't believe that this is happening. It makes you want to pull your hair out. SUPERVISOR RUSSELL: I believe in New York State you are not allowed to serve an intoxicated person regardless of where they were before, regardless of how drunk they were when they came into the place. You are still not allowed to serve them. You are right, they are not absolved. COUNCILWOMAN DOHERTY: The last person that serves them is the responsible person, under the tips law. MR. SHIPMAN: I will just say that years ago I said something is going to happen, and that happened and I am getting that dread in my stomach again and as a concerned taxpayer I don't want the insurance rates to go up another 44%. SUPERVISOR RUSSELL: I agree. Thank you. COUNCILMAN DINIZIO: Give that to me, will you Bill? Southold Town Board Regular Meeting September 26, 2017 page 41 Supervisor Russell SUPERVISOR RUSSELL: Just make sure you distribute that to all of us. Yes, we will set up a meeting with the state reps. Would anyone else like to address the Town Board? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:17P.M. IEiaabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell