Preview
FILED: SUFFOLK COUNTY CLERK 11/21/2022 04:45 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1129 RECEIVED NYSCEF: 11/21/2022
10/19/22.3:35PM 2012/10/09 04:30 PM Town Board Unknown - Town of Soulhold, Long Island, NY
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FILED: SUFFOLK COUNTY CLERK 11/21/2022 04:45 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1129 RECEIVED NYSCEF: 11/21/2022
10/19/22,3:35 PM 2012/10/09 04:30 PM Town Board Unknown - Town of Southold, Long Island, NY
some kind of action, I see it as they are violating the town code, I am sure all you see that they are violating the
town code. They have more than 300 people, they are expecting more than 300 people, If somebody complains,
it should be written no matter what. Bulletin to the town police in the middle of August said they weren't to be
cited unless it was advertised as a dance party, J provided black and white information from the North Fork Patch
and the Suffolk Times website stating Saturday dance part at Route 48 Vineyard. They still would not issue the
violation, They said they were going to forward it to the town attorney's office. So where are we going 7 I am
not trying to be a stickler, I love agriculhire., ,.
SUPERVISOR RUSSELL; I understand all of that,
MR. SHIPMAN; I love the vineyards, it is the 1 percent of the vineyards that is taking advantage of the whole
1 neighborhood. Its is totally ridiculous.
SUPERVISOR RUSSELL: I understand all of that, we have committed all of our resources, we have pursued
every legal opportunity not just through the court but we have gone to the state liquor authiority, we file regular
complaints with the state liquor authority, We have pursued all of those avenues to try to address this but we are
waiting for our day in court which unforliinately the judge controls the calendar to, we do not.
MR.SHIPMAN: Okay, so,,..
SUPBRVISOR RUSSELL; We hear you and my understanding was there was a short time where the music got
turned inside, things seemed to calm down a little bit. That lasted for a short period of time...
MR, SHIPMAN; About six weeks,
SWBRVISOR RUSSELL; Yes, When it went back to fall gangbusters, the police depattment knows where this
Town Board stands, that is to write for everything.
MR, SHIPMAN: I understand that, but what I am getting is, it is a low priority call, they duu't show for an
hour. So it's, they are in the middle of dealing witli this stuff, tlie change of shift happened, nobody came back,
So now I call again, hour, hour and a half, Who do I call? The state police? I am asking, I am not tryiiig to stick
it to you,
SUPERVISOR RUSSBLL; I understand that.
MR, SHIPMAN; There is a problem here in a particular area and because it is low priority for 18 months to 2
years, it is not getting addressed as it would sometliing else, So it's maybe we need more personnel at that time,
maybe tliat has to be a target area. I don't know.
SUPERVISOR RUSSELL; We have done that in the past and we have suthorized overtime to station people
right there in the parking lot and do everything we can to.,.
MR, SHIPMAN; I understand that but it hasn't been that way over the last two weeks, I filed a complaint on the
29"' regarding over occupancy and they had like 500-600 people there. They won't touch it, tliey don't want to
write the violation. I can argue until I turn blue and they send out a couple of guys for tlie traffic enforcement,
write a couple tickets and push off. The OoGreen guy got locked up. If I continually violate town code against
somebody else,..
SUPERVISOR RUSSELL: Nobody got locked up. That is factually incon'ect.
MR, SHIPMAN; The GoGreen guy didn't get arrested?
SUPERVISOR RUSSBLL; No, that is not true, Nobody got arrested.
TOWN ATTORNEY FINNEOAN; All I can say to you, sir, is that I don't agree with you that this is a low
priority, I can assure you that the police department is in constant ooniniunication. They are aware of what is
going on in the litigation, Just this weekend, the last two weekends there have been numerous violations issued,
At least a half a dozen each weekend. The special events code violation was written, All this is happening, it is
not a low priority, The reality is, it is not die only site in town where tliere are incidents and the police respond as
quickly as they can but I can assure you that the chief takes it very seriously and is, it is at the top of his list. He
is regularly in commiinication with my office about it, so it is being addressed, I understand that is little
consolation to you on a day to day basis but it is being addressed,
!
MR. SHIPMAN; Okay, so what about the issues of people having sex in neighbors back yards? The neighbor
called, obviously it wasn't a higli priority issue so he calls again and tlien when he said that he was gomg to go
out and take care of the trespasser himself, then a car shows up. Half hour. I understand, it is a position where I
have accessed the police department once prior to this issue for an MVA on 48, otherwise, I would ratlier live in
my home, nobody know who I am, where I am, enjoy my life. Enjoy iny cliildren's lives and this, this is not
possible.
SUPERVISOR RUSSELL; Okay, let me offer something right now because I think there is a lot more here that's
going on that miglit be readiiy available or readily seen by file public but we also have pending litigation. Let me
t.11...... I—./r>Uf»*>,^;cll^/l/M«ir*r.^v1T«nft-'tRAlna'1r>QQ 12/14
FILED: SUFFOLK COUNTY CLERK 11/21/2022 04:45 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1129 RECEIVED NYSCEF: 11/21/2022
10/19/22, 3:35 PM 2012/10/09 04:30 PM Town Board Unknown - Town of Soultiold, Long Island, NY
niake an offer riglit iiow to have you come aiid sit dowi] with inc, the police cliief, tlie town attomcy and a board
inember and we will go over everything we are trying to get doiie within (owii hall, going to tliose extra party
officials such as tlic state liquor uiithority, Ihe coininissioner of agriculture and mnrkots, all oftlicsc people that
we are trying to enlist tlie help of. I will meet with you later this week nl uny time you want, even if it is in the
evening, if it works for you bctlcr. So you have a fall understanding ofcvci'ylhingwc arc trying to gctdoiic.
MR. SHIPMAN: I would love tliat but what I am trying to get and that is wliy I am liere is because 1 contacted
you last week, you would get back to nic shortly and 1 uiiderstand you liavc a lot of sliiff lo tlo but I Iiave becii
liotifying you over (he last 18 months to 2 years thai lliis is an issue. This is not the first set of pictures of people
engaged in wliatever you want to call it, there, So it is not a one lime lliiiig. So wlial do we have tu do wlicii
people are loading iip on the busses, across (lie street froin the viiieyarris, in oiir backynKls urinating? Are they
perverts tlicre or are they just dniiilcen people?
SUPERVISOR RUSSELL: No.
COUNCILMAN TALBOT: A]id you would get arrested if you gave them a beating,
MR, SHIPMAN: There would be no healing, I would just protect my home,
COUNCILMAN TALBOT; Wlicn I was driving by there one Sunday evening, a girl wallced out and went to the
bathroom right on the side of tlie road llierc.
MR. SHIPMAN: Okay, so if you see this, help me,
COUNCILMAN TALBOT; Believe ine, I have beeii over tlicre. Visited tlie Helinski'Si you know iiow they have
got their liouse up for sale. TheZulioski's oil both sides of the farm..,.
MR. SHIPMAN: If nothing is done, you arc going to have 30 of these things going on in town because if they
are making the monsy then Bedell is going to want to inake the inoney.
COUNCILMAN TALBOT: They liavc no regard for the commiiiiity at all.
SUPERVISOR RUSSELL; I iindcrstand the frustration because results nrcn't taking place as quickly as all of us
would like to but to suggest (liat nothing is getting (iiiiiudible) is just not the case,
MR. SHIPMAN; I nm not saying notliing is getting done, I am saying it is a contiiiual problem tliat has
escalated.
SUPERVISOR RUSSELL; Yes, no doubt.
MR. SHIPMAN: So I ain asking put a sector car tlicrc Ihe whole tiine if dial is wlial it takes on a Saturd.iy (o
address sometliing, Malce it so his tour is froin Alvahs to Depot aiid you don't involve liii-n for anything less than
an officer needs iissistnnce or an MVA. Because tliis is what we rim iiito, they are at an MVA, tliey can't respond,
tliey are at a domestic, they can't respond, so it is ail hour and a lialf later. So now all the bus drivers, all tlio limo
drivers tliey all wave to me wlieii tlicy leave aiid it is not a nice wave,
SUPERVISOR RUSSELL: Righl, I understand tlial.
MR. SHIPMAN: The employees from Route 48 come over and approach my wife when she is taking R video, for
standing on our front yard. So this is not going away. This is a business that is taking advantage ofSoulhold
Town, doing wliiit tliey want, If I didil't comply witll Southold Town, legal actioii would be t'rikcn and or you
would be arrested. Tliese people are harassing us, Other neighbors have given up beciiuse they just don't want to
bo bothered, Alid (lie only reasoii I am liure at Towii Hull is because I liavc been a nice guy tlie wliolc liliic, call
you help me, can you help inc. can you help me? And it is nol nioving. Al all. I iiiiderstand the liligation, I will
wflit for Ihe litigation b«t they are breaking the town code in black and white, It wouldn't be all issue, you
couldn't help me Inst year because tliere was no noise ordiitaiicc, then I had to go to (lie towii code to find out
how to do this. Other vineyards, they are not having dance parties, DJ wine tasting parlies. Different name, same
party. I just feel like I am beating it to death.
COUNCILMAN K.RUPSKI: We are taking you seriously.
MR, SHIPMAN; I iindersland that. I do. And I know you iire 111 agricultiire, I am not hammering that. I am
honimcriiig the one viiieyard tliat is being totally obnoxious and I am askiilg for the li.clp, so iiistead of you kiiow,
we will send a sector cor down right now and you get it ail hoiir later, it's rcnlly not n help. Tliere has got to be
somethitig.
SUPERVISOR RUSSELL: I will reach oul to you (omorrow, we will set something iip for a night lliis week,
MR. SHIPMAN; Thank you very inucli for yoiir enrs,
COUNCILMAN TALBOT: Thank you,
^c ir^
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NYSCEF DOC. NO. 1129 RECEIVED NYSCEF: 11/21/2022
10/19/22.3:35PM 2012/10/09 04:30 PM Town Board UnKnown - Town of Soulhold, Long Island, NY
Lyiinc Siiinnicrs, Ciitcliogiic
LYNNE SUMMERS; Lynnc Summers, 1100 Bayer Road. I was coming wcslbouiid around the linic yoii were
on tlie soiitli side oflhe street after tlic accident up oil Depot Lane. Someone actually backed up froiii Elijnhs ill
tosvards ine. Anothe!' car and I swerved, 1 went home and inadc a phone call and 4 lioiirs later I got called back.
I do not plan to die in Soulhold Town this way. I wanted to look at a property iioi-lh of Route 48, to live the rest
of my life, Aiid I am asking for a sector car, like you. if that is tlie least you can do, I plaii to go oil the Main
Road for the rest of my life iiiilil lliey sliul thai [)lace dowii. Bill thai was totally out ol'control, there were people,
tlicy doii't know liow to drive linios, is ihat correct? Aiid (lint, rciilly, tliat is part or the problem, some ot'llio.sc
people don't know how to drive a liiiio and lliey do all kind of things. They miglit be dead sober. I nm iiot
against agricutlure, I worlcctl in the wine inilHsti-y for at least 20 ycnrs of my life. But 1 doii't want to die this way
and 1 don't want anybody else to die tliis way. And you and I know, you grew up Iicre, I liave lived licrc for 42
years but tliis is, this is sadness in its worst, worst way. Aiid wlien I got lioiiic I said to iny Inisbandi you know
what? Soniebody is going lo liavu ty die there uiitil soinclhing is really done. And then if somebody who liad
money sued those people llial liave tliat place hilt you luiow, al least we can liave protectioii behvucn those two
streets. Because Ihat is Ihe probleiii and I lliink it is inore Saturday than Sundiiy, am I correct? I don't live lllcre
but I would like lo (inaudible). Bul lliank you very much. I am so |jliid, this has been on iny mind for tlirec days.
Thank you.
Supervisor Russell
SUPERVISOR RUSSELL: Would anyone else like to address Ihe Towii Board on any issiic? (No response)
Motion To: Adjoin'n Town Board Meetmg
RESOLVED that this meeting of the Soutliold Town Board be and Iwrcby is declared adjourned at 5:16 P.M.
* » t * t
Eli'/.nbetli A. Neville
Southold Town Clerk
RESULT: ADOPTED (UNANIMOUS]
MOVER: Christopher Tnlbot, Coiinciliniin
SECONDER; Albert Krupski Jr., Coiincilmaii
AYES; |R«land, Talbot, ICnipski Jr,, Evans, Riissell
ABSENT: Jill Doherty
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FILED: SUFFOLK COUNTY CLERK 11/21/2022 04:45 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1129 RECEIVED NYSCEF: 11/21/2022
10/30/2019 2013/01/29 04:30 PM Town Board Unknown - Town of Soulhold, Long Island. NY
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Southold Town Board swsu^s^
Soulknld.Ny I]»71
Regular Meeting www.si.uibcidtcwnny.ew
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"Minutes" Bliz«btlhA.Nc«lllc
(631)70-1800
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Tuesday, January 29,2013 4:30 PM Meetiiig Hall
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Call to Order
4:30 PM Meeting called to order on Januaiy 29, 201 3 at Meeting Hall, 53095 Route 25, Southold, NY.
Attendee Name Organization Title Status Arrived
"WUliimiRuland' Town of SoiithoiiT CqyDulmaii^ PresenF I I
j^^E}'etJ5ll^^--.LZ^^Ofs0^^ CouncTlman Present
JiIlDoherty__l_Tl_f°OT Counciiwunian Present
ABbcrtKrupskiJr. TowiiofSoutho1(T Coiinciiman Absent
LoiiTsa P. Evans rownofSouthoicr Justice Present '
Scott-Russeil fownofSouthoid Sypervisoi^ Present I
_EJjzabethA._NeviJle_ Townof'Soutliold Town Clerk Present ?
Miirtin nFumegan Town of Southold Town Attorney Present
I. Reports
t
1. Island Group - Employee Healtli Care Plan
2. Department of Solid Waste Monthly Reports
3. North Pork Animal Welfare League
II. Public Notices
I
I. NYS DOT - Proposed Work on NY Route 25 from CR 58 to nickers Lane
2. NYS DEC Notice of Complete Application
III. Communications
IV. Discussion
1. 9:00 A. M. - Laura ICIahre
2. 9:lSA.M.-l.aura Klnhi-e
3. 9:30 A. M. - Lloyd Reisenberg
4. 9:45 A.M. - Jim McMahon, Jeff Standish, Jiiinie Richter, Michael Collins Dnd Lloyd Reisenberg
5. 10:00 A.M. - Lloyd Ileisenberg I
10:07AM Coffee Break
PLAINTIFF'S
r. EXHIBIT t
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FILED: SUFFOLK COUNTY CLERK 11/21/2022 04:45 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1129 RECEIVED NYSCEF: 11/21/2022
10/30/2019 2013/01/29 04:30 PM Town Board Unknown - Town ofSouthold, Long Island, NY
6. 10;1S A.M. - ,rim McMahon, JeffSliindish nncl Tim Abrams
7. Consider Resolution to Support NVS Assembly Foreclosure Bills
8. Geolherma) Heat Systems, Per Councilman Christopher Talbot
9. Permit & Tipping Fee Waivers from Superstorm Sandy (Building, Trustees & Landfill)
(Currently Expire 2/]/13)
10. Code Enforceineiit - Update on Joint McetiiiK
II. Consider Adoption ofEmplnyee Confidendalily Policy f
12. Small Wind ^rbines and Growing Complaints on Noise and Vibrntion - How to Qualify and
Rectify
13. LL/Dogs on Beaches (PH This Afternoon)
I
14. LI ,/IJO & LI (PH This Afternoon)
15. Long Island Sound Dredge Spoil S\tts
Motion To: Motion to ENTKR Executive Sesison @ 11:29 AM
On motion by Coiincilwoman Jill Doherty, seconded by Justice Louisa Evans, it was
i
RESOLVED tliat the Southold Town Board hereby ENTERS into Executive Session at 11:29AM for (he pui-pose
of discussing the following matters:
1) Employment history and performance of a particular person or persons or niatters leading to (lie appointnient,
employment, promotion, discipline, or removal of a particular person or persons. (2) PBA & CSEA conhact
negotiations,
KESl'LT: ADOPTED [UNA.NIMOUS]
MOVER: Jill Doherty, Councilwoman
SECONDER: Louisa P. Evans, Justice
AYES: [Ruland, Talbot, Dolierty, Evans, Russell
i
ABSENT; Albert Krupski Jr.
16. Executive Session - Labor
17. Eieciittvc Scsaioii - Litig.ition
Motion To: Motion to EXIT Bxecutive Session at 2:18PM
On motion by Justice Loiiisa Evans, seconded by Councilman Williflm Riiland, it was
RESOLVED that the Town Board of the Town ofSouttiotd hereby EXITS from this Execntive Session at 2:18
PM
•i
•
RESUI.T: ADOPTED [UNANT1VTOUS]
MOVER: Louisa P. Evsns, Justice
SECONDER: William Rulaod. Councilman s'
AYES: puland, Talbot, Uoherty, Evans, R.ussclt
ABSENT: Albert Krupski Jr.
\
No resolutions were added to the agenda as a result of this executive session.
[; Pledge to the Flag
Special Presentation
i
Proclamation
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Opening Comments
Supervisor Scutt A. Russell
SUPERVISOR RUSSELL: Please rise and join witli me in (lie Pledge of Allegiance to the Flag. Thank, you. T
am going to ask Mr. James McMahon to come forward please. This an awkward irony, Jiin has probably handed
out more proclamations in 32 years in town government than any of us nnd it is time that he finally receives one,
I suppose. I am going to read this: "Whereas the 'town Board of the Town of Southold wishes to recognize
James McMahon, a most dedicated employee, as tie retires from his position of Executive Assistant after 32
years of ser/ice to Soulliold 'I'own and whereus James began his career as the Director of the Southold Town
Delinquency Diversion and Prevention Program on Febroary 9, 1981, (I was in high school, how was I not
assigned to him?) was appointed as (lie Youth Coordinator/C'ommunity Development Directur in 1982, became
the Director of Program Evsluation/Program Coordinator in 1991, served as the administrator of the Affordable
Housing Program in 1992 and promoted to the position of Excciitive Assistant on November 29, 1994 and
whereas in addition to his many accomplishments James has served on countless coinmittecs within the Town, is
a hard-working and loving fattier and grandfather and has generously volunteered his time in all parts of his
coimnunity and whereas James has provided faithful service to the residents of the Town of Soutbold with his
wealth of instihitional laiowlcdge and kindbeiiried spirit, has served as the nicmory and storyteller and is a fine
example of leadership and whereas James hits become part of the fabric ofSouthold Town government and his
dedication to the Town deserves the sincere gratitude of those with whom and for whom he sen'ed, now therefore
be it Resolved that the Town Board of the Town ofSoiithold liereby extends ttieir siiicere apprecialion and wishes
James C. McMahon a healthy, happy and prosperous retirement." .Tim, fiom the deepest sincerity of my heart and
tlie heart of the entire Town Board, [ want to thank you for everything you have done.
JIM MCMAHON: Thank you, The TOWB Board's that I have worked with, the 7 superfisors, the countless
(inaudible) and the people that are up on (lie dais today are probably in that group, one of the best. Sn, I thank
f
you. I
).
SUPERVISOR RUSSELL: I do want to say a coiiplc of things, first of all, as siipervisor in 2005 when I was
newly elected, I came to appreciate, I worked alongside of Jim every day for many years as an Assessor, I really
s
came to truly appreciate just how mucli Jim knows about every issue under the- sun. I don't think I will fiilly
understand it until he walks out those doors as a retired man and we don't have that information available to us
I
each and cver>' day. Jim, thank you, you have been there for evcrythuig we have asked for and you have always
known who to go to, where to go, what to do, when to do it. I want to thank you for the guidance yoii have
provided for me as supervisor of this Town. Tliank you. We are going to go on with the regular business of the
Town Board. 1 would ask nny body that would like to comment on any of the agenda items to please fee] free and
comment at this time?
t
John Bescht, Soiithold
JOI-IN BETSCH; John Betsch, Southold, I just have a question [ guess about resolution 2013-90 to due with
Chapter 111. The last public hearing two weeks ago, I had asked a simple question of why? And at that time,
Bob Ghosio representing the Tnistees stood over there and said the houses on North Sea Drive are so large they
cast shadows on everybody and take oiif (lie siin. subsequently to that, he recanted that statement in the Suffolk
TitTies saying 'I niade an error. I was actually talking about Leeton Drive.' Well, the houses on Leeton Drive do
!
not fall within the j'wisdiution of chapter 111. They have no, there is apples and oranges, there is no effect at all.
So I am not sure wliy tli.it has come to be. So it leads me back again as you are talking about this, to chnptcr 111,
wliy? And if one steps back and tliinks before you do anything, you should have a (inaudible) rcquireinents
definition. \V1iat are you trying to accomplish wiltl a chaiige'i' And if you look at what was explained of the
f
exponential growth of hoiises to what this clisnge is, it duesii't acc&mplish it. it really doesn't, you shoiild step
back and look at it and think nboilt wtiat you are trying to accomplish before you do that. and I would suggest
that it goes back to the code committee to rethink exactly, if you think of the purpose of what you are trying to do,
this chpnge doesn't do it. but if you don't believe that, if you don't agree with that, if you do vote on it tonight, I
would respectftil!y ask tliat you take a roll vote so it goes on the record of who voted for what. Thaiik you.
SWERVISOR-RUSSELL: Would anybody else like to conunent on any of the agenda items? Please. ;-
UNIDBNTIFffiD: Inaudible.
SUPERVISOR RUSSEI.I/ We are goiiig to have a separate, we are going to call for public hearings after we get
the business of the agenda done. Any of the other agenda items.
UNlDEN'l'lFIED: Inaudible.
SUPERVISOR RUSSELL: If it is on the agenda, you can conmient on it. If it is any issue that is not on the
agenda, we will have public comment after we close the regular business nf the agenda and the public hearings.
Is it an agenda item?
COUNCH,MAN TALBOT: What is it regarcliiig, ma'am?
t UNIDENTIFIED: The code for dogs on beaches. I
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SUPERVISOR RUSSELL; There will be a liearing for that shortly. We are going to get some of the agenda
items done and then we will set iip for a public heariiig.
UNIDENTIFIED: I saw on the work session agenda today that there was sonic sort of discussion about turbines,
wind turbines? And I wondered ifyuu were going to....
Supervisor Russell
SUPERVISOR RUSSELL: Yes, I will just clarify- I needed to bring to the attention of the Town Board what.
unfortunately what has been happening is I am getting a growing list of complaints from neighbors who live near
sinall wiiid turbine machines and 1 wanted the Town Board to be aware that we passed legislalions that pcnnitted
wind hirbines on bona fide agriciiltiiral operations. In no way are we suggesting that we arc going to do away
wifli tliat law, what I just wanted the Board tn be aware of is that it is a growing concern and I think that the first
thing we are going to do is go (lie Alternative and Rciicwablc Energy Committee and have diem talk to (lie
installers, talk to the contractors. This may very v/ell simply be an issue of maintenance and management of the
tiirhine itself bill there are a feiv hirbines in town that are creating quite a few coniplaints. So again, we arc going
to go to the contractor to see if there is a way that perhaps this is just a mainleiiaiice issite. Anybody else'i' fNo
response')
Minutes Approval
Wednesday, Jainiary 02,2013
•Tuesday, December 18,2012
Wednesday, January 02, 2013
V. Resolutions
I. Resolution 2013-87
Approve Audit
RESULT: ADOPTED [4 TO 0)
MOVER: Louisa P. Evgiis, Jiistice
SECONDER; Christoplier Talbot, Councilman
AYES: jChristophcr Talbot, Jilt Doherty, Louisa P. Evans, Scott Riissell
ABSTAIN: William Ruland
j I
ABSENT: Albert Knipski Jr, !
2. Resolution 2013-8K
Set Next Regular Meeting
RESULT; ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evaiis, Justice
SECONDER; Christopher Talbot, Coiincilmftn
AYES: (ink
it might be a time to kick this tliiiig back until maybe we get as Bob was referring to, more residents here who are
here during the Slimmer months and not now, so at this tinie I nm rail prepared to vote as it is, sn T api going to
; '
suyiio.
COIJNCILWOMAN DOHKRTY: I have worked on this with the Trustees on the Board for the past five years i
and this is the best that we have come up with to clarify (lie intent of the State. Will) that being said, I am as Bill
is liking, I am open minded that we, I think thai we need to enact this and if it needs tweaking or changing, I am
open minded to always make sonicthing better but for now I think we need to move ahead with tliis and I vote
I
yes.
1
.njSTICB EVANS: I vote yes and the reason is becaiise I tliink that mostly what this law does as pertaining to
chapter 111, is it clarifies definitions so it is consistent with the mtent of the regulation aiid it codifies definitions,
eonunonly used tenns but most importantly it is codifyiiig the existing policies aud practices so people kiiow
;1
wliat to expect, it is what is being applied right now. So I vote yes.
5. Resolution 2013-91
Collegiate Baseball 2013
RESULT; ADOPTED [UNANIMOUS]
I
MOVER; Louisa P. Rvans, Justice
SECONDER: Christopher Talbot, Councilman
Preview
FILED: SUFFOLK COUNTY CLERK 11/21/2022 04:45 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1129 RECEIVED NYSCEF: 11/21/2022 10/19/22.3:35PM 2012/10/09 04:30 PM Town Board Unknown - Town of Soulhold, Long Island, NY 3T33 l^^^^^^^i-1 Ril a %^^ •^ SS»Ji? Si&SiSM'-. i E:^i^ ^ S'OUIMLLD ^i^-m^^^ .^l1 RSSi ^;l i.'t.^^-V t^'^^-i 1^^1:1 |;;|Q^i^ i^i ^;^-»V:!;< ^S*Wifll§i i{^s^'!^aw—^i-:' Sill'^Sil^ A^fy^S^ >^< ^^ffKISSiS. s; Loy in j KCJ|) fsearch •z ;t'.'<>CI; .;< n'lt'tA-i, SMtu A»t,'B*<.'*,-l(J!); \>(}lt«kf»M<, •(tl?.(.(i,-?.'tr *i iMr'i»^i >iti., 'iRfl.ln-noo 11/14 FILED: SUFFOLK COUNTY CLERK 11/21/2022 04:45 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1129 RECEIVED NYSCEF: 11/21/2022 10/19/22,3:35 PM 2012/10/09 04:30 PM Town Board Unknown - Town of Southold, Long Island, NY some kind of action, I see it as they are violating the town code, I am sure all you see that they are violating the town code. They have more than 300 people, they are expecting more than 300 people, If somebody complains, it should be written no matter what. Bulletin to the town police in the middle of August said they weren't to be cited unless it was advertised as a dance party, J provided black and white information from the North Fork Patch and the Suffolk Times website stating Saturday dance part at Route 48 Vineyard. They still would not issue the violation, They said they were going to forward it to the town attorney's office. So where are we going 7 I am not trying to be a stickler, I love agriculhire., ,. SUPERVISOR RUSSELL; I understand all of that, MR. SHIPMAN; I love the vineyards, it is the 1 percent of the vineyards that is taking advantage of the whole 1 neighborhood. Its is totally ridiculous. SUPERVISOR RUSSELL: I understand all of that, we have committed all of our resources, we have pursued every legal opportunity not just through the court but we have gone to the state liquor authiority, we file regular complaints with the state liquor authority, We have pursued all of those avenues to try to address this but we are waiting for our day in court which unforliinately the judge controls the calendar to, we do not. MR.SHIPMAN: Okay, so,,.. SUPBRVISOR RUSSELL; We hear you and my understanding was there was a short time where the music got turned inside, things seemed to calm down a little bit. That lasted for a short period of time... MR, SHIPMAN; About six weeks, SWBRVISOR RUSSELL; Yes, When it went back to fall gangbusters, the police depattment knows where this Town Board stands, that is to write for everything. MR, SHIPMAN: I understand that, but what I am getting is, it is a low priority call, they duu't show for an hour. So it's, they are in the middle of dealing witli this stuff, tlie change of shift happened, nobody came back, So now I call again, hour, hour and a half, Who do I call? The state police? I am asking, I am not tryiiig to stick it to you, SUPERVISOR RUSSBLL; I understand that. MR, SHIPMAN; There is a problem here in a particular area and because it is low priority for 18 months to 2 years, it is not getting addressed as it would sometliing else, So it's maybe we need more personnel at that time, maybe tliat has to be a target area. I don't know. SUPERVISOR RUSSELL; We have done that in the past and we have suthorized overtime to station people right there in the parking lot and do everything we can to.,. MR, SHIPMAN; I understand that but it hasn't been that way over the last two weeks, I filed a complaint on the 29"' regarding over occupancy and they had like 500-600 people there. They won't touch it, tliey don't want to write the violation. I can argue until I turn blue and they send out a couple of guys for tlie traffic enforcement, write a couple tickets and push off. The OoGreen guy got locked up. If I continually violate town code against somebody else,.. SUPERVISOR RUSSELL: Nobody got locked up. That is factually incon'ect. MR, SHIPMAN; The GoGreen guy didn't get arrested? SUPERVISOR RUSSBLL; No, that is not true, Nobody got arrested. TOWN ATTORNEY FINNEOAN; All I can say to you, sir, is that I don't agree with you that this is a low priority, I can assure you that the police department is in constant ooniniunication. They are aware of what is going on in the litigation, Just this weekend, the last two weekends there have been numerous violations issued, At least a half a dozen each weekend. The special events code violation was written, All this is happening, it is not a low priority, The reality is, it is not die only site in town where tliere are incidents and the police respond as quickly as they can but I can assure you that the chief takes it very seriously and is, it is at the top of his list. He is regularly in commiinication with my office about it, so it is being addressed, I understand that is little consolation to you on a day to day basis but it is being addressed, ! MR. SHIPMAN; Okay, so what about the issues of people having sex in neighbors back yards? The neighbor called, obviously it wasn't a higli priority issue so he calls again and tlien when he said that he was gomg to go out and take care of the trespasser himself, then a car shows up. Half hour. I understand, it is a position where I have accessed the police department once prior to this issue for an MVA on 48, otherwise, I would ratlier live in my home, nobody know who I am, where I am, enjoy my life. Enjoy iny cliildren's lives and this, this is not possible. SUPERVISOR RUSSELL; Okay, let me offer something right now because I think there is a lot more here that's going on that miglit be readiiy available or readily seen by file public but we also have pending litigation. Let me t.11...... I—./r>Uf»*>,^;cll^/l/M«ir*r.^v1T«nft-'tRAlna'1r>QQ 12/14 FILED: SUFFOLK COUNTY CLERK 11/21/2022 04:45 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1129 RECEIVED NYSCEF: 11/21/2022 10/19/22, 3:35 PM 2012/10/09 04:30 PM Town Board Unknown - Town of Soultiold, Long Island, NY niake an offer riglit iiow to have you come aiid sit dowi] with inc, the police cliief, tlie town attomcy and a board inember and we will go over everything we are trying to get doiie within (owii hall, going to tliose extra party officials such as tlic state liquor uiithority, Ihe coininissioner of agriculture and mnrkots, all oftlicsc people that we are trying to enlist tlie help of. I will meet with you later this week nl uny time you want, even if it is in the evening, if it works for you bctlcr. So you have a fall understanding ofcvci'ylhingwc arc trying to gctdoiic. MR. SHIPMAN: I would love tliat but what I am trying to get and that is wliy I am liere is because 1 contacted you last week, you would get back to nic shortly and 1 uiiderstand you liavc a lot of sliiff lo tlo but I Iiave becii liotifying you over (he last 18 months to 2 years thai lliis is an issue. This is not the first set of pictures of people engaged in wliatever you want to call it, there, So it is not a one lime lliiiig. So wlial do we have tu do wlicii people are loading iip on the busses, across (lie street froin the viiieyarris, in oiir backynKls urinating? Are they perverts tlicre or are they just dniiilcen people? SUPERVISOR RUSSELL: No. COUNCILMAN TALBOT: A]id you would get arrested if you gave them a beating, MR, SHIPMAN: There would be no healing, I would just protect my home, COUNCILMAN TALBOT; Wlicn I was driving by there one Sunday evening, a girl wallced out and went to the bathroom right on the side of tlie road llierc. MR. SHIPMAN: Okay, so if you see this, help me, COUNCILMAN TALBOT; Believe ine, I have beeii over tlicre. Visited tlie Helinski'Si you know iiow they have got their liouse up for sale. TheZulioski's oil both sides of the farm..,. MR. SHIPMAN: If nothing is done, you arc going to have 30 of these things going on in town because if they are making the monsy then Bedell is going to want to inake the inoney. COUNCILMAN TALBOT: They liavc no regard for the commiiiiity at all. SUPERVISOR RUSSELL; I iindcrstand the frustration because results nrcn't taking place as quickly as all of us would like to but to suggest (liat nothing is getting (iiiiiudible) is just not the case, MR. SHIPMAN; I nm not saying notliing is getting done, I am saying it is a contiiiual problem tliat has escalated. SUPERVISOR RUSSELL; Yes, no doubt. MR. SHIPMAN: So I ain asking put a sector car tlicrc Ihe whole tiine if dial is wlial it takes on a Saturd.iy (o address sometliing, Malce it so his tour is froin Alvahs to Depot aiid you don't involve liii-n for anything less than an officer needs iissistnnce or an MVA. Because tliis is what we rim iiito, they are at an MVA, tliey can't respond, tliey are at a domestic, they can't respond, so it is ail hour and a lialf later. So now all the bus drivers, all tlio limo drivers tliey all wave to me wlieii tlicy leave aiid it is not a nice wave, SUPERVISOR RUSSELL: Righl, I understand tlial. MR. SHIPMAN: The employees from Route 48 come over and approach my wife when she is taking R video, for standing on our front yard. So this is not going away. This is a business that is taking advantage ofSoulhold Town, doing wliiit tliey want, If I didil't comply witll Southold Town, legal actioii would be t'rikcn and or you would be arrested. Tliese people are harassing us, Other neighbors have given up beciiuse they just don't want to bo bothered, Alid (lie only reasoii I am liure at Towii Hull is because I liavc been a nice guy tlie wliolc liliic, call you help me, can you help inc. can you help me? And it is nol nioving. Al all. I iiiiderstand the liligation, I will wflit for Ihe litigation b«t they are breaking the town code in black and white, It wouldn't be all issue, you couldn't help me Inst year because tliere was no noise ordiitaiicc, then I had to go to (lie towii code to find out how to do this. Other vineyards, they are not having dance parties, DJ wine tasting parlies. Different name, same party. I just feel like I am beating it to death. COUNCILMAN K.RUPSKI: We are taking you seriously. MR, SHIPMAN; I iindersland that. I do. And I know you iire 111 agricultiire, I am not hammering that. I am honimcriiig the one viiieyard tliat is being totally obnoxious and I am askiilg for the li.clp, so iiistead of you kiiow, we will send a sector cor down right now and you get it ail hoiir later, it's rcnlly not n help. Tliere has got to be somethitig. SUPERVISOR RUSSELL: I will reach oul to you (omorrow, we will set something iip for a night lliis week, MR. SHIPMAN; Thank you very inucli for yoiir enrs, COUNCILMAN TALBOT: Thank you, ^c ir^ 1S/14 FILED: SUFFOLK COUNTY CLERK 11/21/2022 04:45 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1129 RECEIVED NYSCEF: 11/21/2022 10/19/22.3:35PM 2012/10/09 04:30 PM Town Board UnKnown - Town of Soulhold, Long Island, NY Lyiinc Siiinnicrs, Ciitcliogiic LYNNE SUMMERS; Lynnc Summers, 1100 Bayer Road. I was coming wcslbouiid around the linic yoii were on tlie soiitli side oflhe street after tlic accident up oil Depot Lane. Someone actually backed up froiii Elijnhs ill tosvards ine. Anothe!' car and I swerved, 1 went home and inadc a phone call and 4 lioiirs later I got called back. I do not plan to die in Soulhold Town this way. I wanted to look at a property iioi-lh of Route 48, to live the rest of my life, Aiid I am asking for a sector car, like you. if that is tlie least you can do, I plaii to go oil the Main Road for the rest of my life iiiilil lliey sliul thai [)lace dowii. Bill thai was totally out ol'control, there were people, tlicy doii't know liow to drive linios, is ihat correct? Aiid (lint, rciilly, tliat is part or the problem, some ot'llio.sc people don't know how to drive a liiiio and lliey do all kind of things. They miglit be dead sober. I nm iiot against agricutlure, I worlcctl in the wine inilHsti-y for at least 20 ycnrs of my life. But 1 doii't want to die this way and 1 don't want anybody else to die tliis way. And you and I know, you grew up Iicre, I liave lived licrc for 42 years but tliis is, this is sadness in its worst, worst way. Aiid wlien I got lioiiic I said to iny Inisbandi you know what? Soniebody is going lo liavu ty die there uiitil soinclhing is really done. And then if somebody who liad money sued those people llial liave tliat place hilt you luiow, al least we can liave protectioii behvucn those two streets. Because Ihat is Ihe probleiii and I lliink it is inore Saturday than Sundiiy, am I correct? I don't live lllcre but I would like lo (inaudible). Bul lliank you very much. I am so |jliid, this has been on iny mind for tlirec days. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Would anyone else like to address Ihe Towii Board on any issiic? (No response) Motion To: Adjoin'n Town Board Meetmg RESOLVED that this meeting of the Soutliold Town Board be and Iwrcby is declared adjourned at 5:16 P.M. * » t * t Eli'/.nbetli A. Neville Southold Town Clerk RESULT: ADOPTED (UNANIMOUS] MOVER: Christopher Tnlbot, Coiinciliniin SECONDER; Albert Krupski Jr., Coiincilmaii AYES; |R«land, Talbot, ICnipski Jr,, Evans, Riissell ABSENT: Jill Doherty Powered by Granlcus ,^tr-lt»\ ;i«.,, •icoin-JioQa 14/14 FILED: SUFFOLK COUNTY CLERK 11/21/2022 04:45 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1129 RECEIVED NYSCEF: 11/21/2022 10/30/2019 2013/01/29 04:30 PM Town Board Unknown - Town of Soulhold, Long Island. NY *v l«; i5> ^fro4f, r OWN o v ^ s; ^ ^ ^ ^ ^"ll»-f,,;.<»..*i=<.«>-.-i^^ I •ir-*."-^-*^^-* * ,^1T^;1P *i(fa<(ite>tttAaei»» Wi*fiBta*a cawaSfw KftwusNtMu | fW6» | iStdteu | awwi»* l^.^^<^|Ef*(?».^^li^^^ *<<^*»' l^^^fW^ii^^^A.iurti^'w ••rf -LL. Q> Print This Page Download Document } Southold Town Board swsu^s^ Soulknld.Ny I]»71 Regular Meeting www.si.uibcidtcwnny.ew \W«lr j "Minutes" Bliz«btlhA.Nc«lllc (631)70-1800 TiM •i> Tuesday, January 29,2013 4:30 PM Meetiiig Hall ^-^ -^a^" Call to Order 4:30 PM Meeting called to order on Januaiy 29, 201 3 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived "WUliimiRuland' Town of SoiithoiiT CqyDulmaii^ PresenF I I j^^E}'etJ5ll^^--.LZ^^Ofs0^^ CouncTlman Present JiIlDoherty__l_Tl_f°OT Counciiwunian Present ABbcrtKrupskiJr. TowiiofSoutho1(T Coiinciiman Absent LoiiTsa P. Evans rownofSouthoicr Justice Present ' Scott-Russeil fownofSouthoid Sypervisoi^ Present I _EJjzabethA._NeviJle_ Townof'Soutliold Town Clerk Present ? Miirtin nFumegan Town of Southold Town Attorney Present I. Reports t 1. Island Group - Employee Healtli Care Plan 2. Department of Solid Waste Monthly Reports 3. North Pork Animal Welfare League II. Public Notices I I. NYS DOT - Proposed Work on NY Route 25 from CR 58 to nickers Lane 2. NYS DEC Notice of Complete Application III. Communications IV. Discussion 1. 9:00 A. M. - Laura ICIahre 2. 9:lSA.M.-l.aura Klnhi-e 3. 9:30 A. M. - Lloyd Reisenberg 4. 9:45 A.M. - Jim McMahon, Jeff Standish, Jiiinie Richter, Michael Collins Dnd Lloyd Reisenberg 5. 10:00 A.M. - Lloyd Ileisenberg I 10:07AM Coffee Break PLAINTIFF'S r. EXHIBIT t soulholcttQwn.iqin2,com/Citizens/FileView.aspx?Type=15&ID=1313 /\-for- ^ 1/33 SZi^Jiq ^6> FILED: SUFFOLK COUNTY CLERK 11/21/2022 04:45 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1129 RECEIVED NYSCEF: 11/21/2022 10/30/2019 2013/01/29 04:30 PM Town Board Unknown - Town ofSouthold, Long Island, NY 6. 10;1S A.M. - ,rim McMahon, JeffSliindish nncl Tim Abrams 7. Consider Resolution to Support NVS Assembly Foreclosure Bills 8. Geolherma) Heat Systems, Per Councilman Christopher Talbot 9. Permit & Tipping Fee Waivers from Superstorm Sandy (Building, Trustees & Landfill) (Currently Expire 2/]/13) 10. Code Enforceineiit - Update on Joint McetiiiK II. Consider Adoption ofEmplnyee Confidendalily Policy f 12. Small Wind ^rbines and Growing Complaints on Noise and Vibrntion - How to Qualify and Rectify 13. LL/Dogs on Beaches (PH This Afternoon) I 14. LI ,/IJO & LI (PH This Afternoon) 15. Long Island Sound Dredge Spoil S\tts Motion To: Motion to ENTKR Executive Sesison @ 11:29 AM On motion by Coiincilwoman Jill Doherty, seconded by Justice Louisa Evans, it was i RESOLVED tliat the Southold Town Board hereby ENTERS into Executive Session at 11:29AM for (he pui-pose of discussing the following matters: 1) Employment history and performance of a particular person or persons or niatters leading to (lie appointnient, employment, promotion, discipline, or removal of a particular person or persons. (2) PBA & CSEA conhact negotiations, KESl'LT: ADOPTED [UNA.NIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER: Louisa P. Evans, Justice AYES: [Ruland, Talbot, Dolierty, Evans, Russell i ABSENT; Albert Krupski Jr. 16. Executive Session - Labor 17. Eieciittvc Scsaioii - Litig.ition Motion To: Motion to EXIT Bxecutive Session at 2:18PM On motion by Justice Loiiisa Evans, seconded by Councilman Williflm Riiland, it was RESOLVED that the Town Board of the Town ofSouttiotd hereby EXITS from this Execntive Session at 2:18 PM •i • RESUI.T: ADOPTED [UNANT1VTOUS] MOVER: Louisa P. Evsns, Justice SECONDER: William Rulaod. Councilman s' AYES: puland, Talbot, Uoherty, Evans, R.ussclt ABSENT: Albert Krupski Jr. \ No resolutions were added to the agenda as a result of this executive session. [; Pledge to the Flag Special Presentation i Proclamation I ! southoldtown.iqm2.com/Citizens/FiteView.aspx?Type=158.10=1313 2/33 FILED: SUFFOLK COUNTY CLERK 11/21/2022 04:45 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1129 RECEIVED NYSCEF: 11/21/2022 10/30/2019 2013/01/29 04:30 PM Town Board Unknown - Town of Southolri, Long Island, MY Opening Comments Supervisor Scutt A. Russell SUPERVISOR RUSSELL: Please rise and join witli me in (lie Pledge of Allegiance to the Flag. Thank, you. T am going to ask Mr. James McMahon to come forward please. This an awkward irony, Jiin has probably handed out more proclamations in 32 years in town government than any of us nnd it is time that he finally receives one, I suppose. I am going to read this: "Whereas the 'town Board of the Town of Southold wishes to recognize James McMahon, a most dedicated employee, as tie retires from his position of Executive Assistant after 32 years of ser/ice to Soulliold 'I'own and whereus James began his career as the Director of the Southold Town Delinquency Diversion and Prevention Program on Febroary 9, 1981, (I was in high school, how was I not assigned to him?) was appointed as (lie Youth Coordinator/C'ommunity Development Directur in 1982, became the Director of Program Evsluation/Program Coordinator in 1991, served as the administrator of the Affordable Housing Program in 1992 and promoted to the position of Excciitive Assistant on November 29, 1994 and whereas in addition to his many accomplishments James has served on countless coinmittecs within the Town, is a hard-working and loving fattier and grandfather and has generously volunteered his time in all parts of his coimnunity and whereas James has provided faithful service to the residents of the Town of Soutbold with his wealth of instihitional laiowlcdge and kindbeiiried spirit, has served as the nicmory and storyteller and is a fine example of leadership and whereas James hits become part of the fabric ofSouthold Town government and his dedication to the Town deserves the sincere gratitude of those with whom and for whom he sen'ed, now therefore be it Resolved that the Town Board of the Town ofSoiithold liereby extends ttieir siiicere apprecialion and wishes James C. McMahon a healthy, happy and prosperous retirement." .Tim, fiom the deepest sincerity of my heart and tlie heart of the entire Town Board, [ want to thank you for everything you have done. JIM MCMAHON: Thank you, The TOWB Board's that I have worked with, the 7 superfisors, the countless (inaudible) and the people that are up on (lie dais today are probably in that group, one of the best. Sn, I thank f you. I ). SUPERVISOR RUSSELL: I do want to say a coiiplc of things, first of all, as siipervisor in 2005 when I was newly elected, I came to appreciate, I worked alongside of Jim every day for many years as an Assessor, I really s came to truly appreciate just how mucli Jim knows about every issue under the- sun. I don't think I will fiilly understand it until he walks out those doors as a retired man and we don't have that information available to us I each and cver>' day. Jim, thank you, you have been there for evcrythuig we have asked for and you have always known who to go to, where to go, what to do, when to do it. I want to thank you for the guidance yoii have provided for me as supervisor of this Town. Tliank you. We are going to go on with the regular business of the Town Board. 1 would ask nny body that would like to comment on any of the agenda items to please fee] free and comment at this time? t John Bescht, Soiithold JOI-IN BETSCH; John Betsch, Southold, I just have a question [ guess about resolution 2013-90 to due with Chapter 111. The last public hearing two weeks ago, I had asked a simple question of why? And at that time, Bob Ghosio representing the Tnistees stood over there and said the houses on North Sea Drive are so large they cast shadows on everybody and take oiif (lie siin. subsequently to that, he recanted that statement in the Suffolk TitTies saying 'I niade an error. I was actually talking about Leeton Drive.' Well, the houses on Leeton Drive do ! not fall within the j'wisdiution of chapter 111. They have no, there is apples and oranges, there is no effect at all. So I am not sure wliy tli.it has come to be. So it leads me back again as you are talking about this, to chnptcr 111, wliy? And if one steps back and tliinks before you do anything, you should have a (inaudible) rcquireinents definition. \V1iat are you trying to accomplish wiltl a chaiige'i' And if you look at what was explained of the f exponential growth of hoiises to what this clisnge is, it duesii't acc&mplish it. it really doesn't, you shoiild step back and look at it and think nboilt wtiat you are trying to accomplish before you do that. and I would suggest that it goes back to the code committee to rethink exactly, if you think of the purpose of what you are trying to do, this chpnge doesn't do it. but if you don't believe that, if you don't agree with that, if you do vote on it tonight, I would respectftil!y ask tliat you take a roll vote so it goes on the record of who voted for what. Thaiik you. SWERVISOR-RUSSELL: Would anybody else like to conunent on any of the agenda items? Please. ;- UNIDBNTIFffiD: Inaudible. SUPERVISOR RUSSEI.I/ We are goiiig to have a separate, we are going to call for public hearings after we get the business of the agenda done. Any of the other agenda items. UNlDEN'l'lFIED: Inaudible. SUPERVISOR RUSSELL: If it is on the agenda, you can conmient on it. If it is any issue that is not on the agenda, we will have public comment after we close the regular business nf the agenda and the public hearings. Is it an agenda item? COUNCH,MAN TALBOT: What is it regarcliiig, ma'am? t UNIDENTIFIED: The code for dogs on beaches. I southoldtown.iqm2.com/Cilizens/FileView.aspx?Type=15&ID=1313 3/33 FILED: SUFFOLK COUNTY CLERK 11/21/2022 04:45 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1129 RECEIVED NYSCEF: 11/21/2022 10/30/2019 2013/01/29 04:30 PM Town Board Unknown - Town of Soulhold, Long Island, NY SUPERVISOR RUSSELL; There will be a liearing for that shortly. We are going to get some of the agenda items done and then we will set iip for a public heariiig. UNIDENTIFIED: I saw on the work session agenda today that there was sonic sort of discussion about turbines, wind turbines? And I wondered ifyuu were going to.... Supervisor Russell SUPERVISOR RUSSELL: Yes, I will just clarify- I needed to bring to the attention of the Town Board what. unfortunately what has been happening is I am getting a growing list of complaints from neighbors who live near sinall wiiid turbine machines and 1 wanted the Town Board to be aware that we passed legislalions that pcnnitted wind hirbines on bona fide agriciiltiiral operations. In no way are we suggesting that we arc going to do away wifli tliat law, what I just wanted the Board tn be aware of is that it is a growing concern and I think that the first thing we are going to do is go (lie Alternative and Rciicwablc Energy Committee and have diem talk to (lie installers, talk to the contractors. This may very v/ell simply be an issue of maintenance and management of the tiirhine itself bill there are a feiv hirbines in town that are creating quite a few coniplaints. So again, we arc going to go to the contractor to see if there is a way that perhaps this is just a mainleiiaiice issite. Anybody else'i' fNo response') Minutes Approval Wednesday, Jainiary 02,2013 •Tuesday, December 18,2012 Wednesday, January 02, 2013 V. Resolutions I. Resolution 2013-87 Approve Audit RESULT: ADOPTED [4 TO 0) MOVER: Louisa P. Evgiis, Jiistice SECONDER; Christoplier Talbot, Councilman AYES: jChristophcr Talbot, Jilt Doherty, Louisa P. Evans, Scott Riissell ABSTAIN: William Ruland j I ABSENT: Albert Knipski Jr, ! 2. Resolution 2013-8K Set Next Regular Meeting RESULT; ADOPTED [UNANIMOUS] MOVER: Louisa P. Evaiis, Justice SECONDER; Christopher Talbot, Coiincilmftn AYES: (ink it might be a time to kick this tliiiig back until maybe we get as Bob was referring to, more residents here who are here during the Slimmer months and not now, so at this tinie I nm rail prepared to vote as it is, sn T api going to ; ' suyiio. COIJNCILWOMAN DOHKRTY: I have worked on this with the Trustees on the Board for the past five years i and this is the best that we have come up with to clarify (lie intent of the State. Will) that being said, I am as Bill is liking, I am open minded that we, I think thai we need to enact this and if it needs tweaking or changing, I am open minded to always make sonicthing better but for now I think we need to move ahead with tliis and I vote I yes. 1 .njSTICB EVANS: I vote yes and the reason is becaiise I tliink that mostly what this law does as pertaining to chapter 111, is it clarifies definitions so it is consistent with the mtent of the regulation aiid it codifies definitions, eonunonly used tenns but most importantly it is codifyiiig the existing policies aud practices so people kiiow ;1 wliat to expect, it is what is being applied right now. So I vote yes. 5. Resolution 2013-91 Collegiate Baseball 2013 RESULT; ADOPTED [UNANIMOUS] I MOVER; Louisa P. Rvans, Justice SECONDER: Christopher Talbot, Councilman