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HomeMy WebLinkAboutTB-11/18/2014 ELIZABETH A.NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold,NY 11971 ca REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER southo Idtown.no rthfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING November 18, 2014 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday,November 18, 2014 at the Meeting Hall, Southold,NY. Call to Order 4:30 PM Meeting called to order on November 18, 2014 at Meeting Hall, 53095 Route 25, Southold,NY. Attendee Name Oreanization Title Status Arrived Town- of Southold Councilman Present James Dinizio Jr Town of Southold Councilman Present —Williain:P. Ruland Town of Southold Councilman i Present Jill Doherty Town of Southold Councilwoman Present Louisa P. Evans Town of Southold Justice Present ............ t _k�'s s ell Town of Southold Supervisor Present Elizabeth A.Neville Town of Southold Town Clerk Present Martin D. Finnegan Town of Southold Town Attorney Present 'i 1. Reports 1. Town Clerk Monthly Report 2. Programs for the Disabled Monthly Report 3. Trustees Monthly Report 4. Claim Lag Report 5. Town Clerk Quarterly Report 6. Planning Board Monthly Report Southold Town Board Meeting 2 November 18, 2014 II. Public Notices 1. S.C.Dept of Economic Development & Planning III. Communications IV. Discussion 1. 9:00 Am -John Cushman 2. 9:15 Am -John Bredemeyer 3. 9:30 Am -Kevin Webster,Bob Scott and Scott DeSimone 4. Jim Bunchuck 5. 10:00 Am - Councilman Ghosio 6. 10:15 Am -Mark Terry 7. LL/Time Limits of Variances (PH) 8. LL/Amendments to Chapter 240 in Connection with Tree Fund 9. 10:30 Am-Michael Collins 10. Motion To: - Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 10:56 AM for the purpose of discussing the following matters: Labor: Matters involving Employment of Particular Person/s 11:00 AM- Chief Flatley Collective Bargaining PBA Update Litigation: Potential Claim - TOS v. American Tower Corp. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 11. EXECUTIVE SESSION -Labor 12. EXECUTIVE SESSION - Litigation Southold Town Board Meeting 3 November 18, 2014 13. Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 1:36PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 14. 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 1:36PM until the Regular 4:30 PM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, 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 4:30PM Regular Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Scott A. Russell, Supervisor SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Supervisor Scott A. Russell What I would like to do is I am going to give anyone that would like to comment on any of the agenda items to please feel free to do that at this time. Right after that I think what we would like to do is adjourn for a public hearing on the Community Block Grant Funding. We will close that hearing and then we will get back to the regular session of the, that way I know people are waiting here for that, you won't have to sit through the whole meeting. Would anybody like to comment on any of the agenda items? WilliamToedter, Southold Bill Toedter, Southold. I just wanted to comment on the proposed change on the time limits of variances. It is a welcome change but I also hope that it will be spelled out that... JUSTICE EVANS: You might want to wait until we have the public hearing and then your remarks get put in the public hearing. SUPERVISOR RUSSELL: You are welcome to speak now. Either way is fine. Southold Town Board Meeting 4 November 18, 2014 MR. TOEDTER: Just to keep in mind that in keeping with what other towns are doing,the three year extension periods afterwards are really meant to be for the town's protection and not the applicants protection. So they should not be considered automatic, so that as changes occur in the community and the neighborhood and the town codes, the intent of these in other neighborhoods is for the applicant to come up and if those changes effect the application, for the applicant to go back and make the required changes. So, it's not quite spelled out here but I am pretty sure that's what the intent is on this one,to take that out. SUPERVISOR RUSSELL: I appreciate that, Bill. Thank you. Would anybody like to comment on any of the agenda items? Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 4:32 PM in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Public Hearing to Hear Citizens Views on Local Housing and Community Development Needs This public hearing was closed at 4:55 PM RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Robert Ghosio COUNCILMAN GHOSIO: In April, 2015 the Town of Southold expects to receive approximately $74,3 10.00 in Federal Community Development Block Grant Funds. These funds may be used, and have been previously used for a variety of projects to be selected by local officials. Eligible activities include: Acquisition and demolition of blighted property Housing rehabilitation Elimination of physical barriers for the handicapped Public facilities and improvements Street Reconstruction Code Enforcement Public Water projects Economic Development Public Services (total allotment-limited to 15%) Town Residents are invited to attend this public hearing on Tuesday,November 18,2014, 4:35 P. M. at the Southold Town Hall, 53095 Main Road, Southold,New York, to express citizen views on local housing community development needs to be met with these funds. Southold Town Board Meeting 5 November 18, 2014 1 do have here an affidavit and a copy of the legal notice in the Suffolk Times also an affidavit from Karen Kine to the same, that this has also been posted on the Town Clerk's bulletin board and I think that's it. Supervsior Russell SUPERVISOR RUSSELL: Who would like to address the Town Board on this particular public hearing? Anybody? Please. I know it's a little unnerving. We need you to go to the microphone and state your name please. Sarah Benjamin, CAST SARAH BENJAMIN: Sarah Benjamin, Community Action Southold Town. This is a part of that, it wasn't about those things that he listed. I started to panic. But I wanted to thank the town for helping the CAST food pantry last year and the North Fork parent child home program and let you know that we would appreciate your continued support. We have 365 families signed up legitimately in our food pantry which is growing, food scarcity is still a problem in Southold Town especially in the winter when people don't have employment as much and the food pantry is of vital importance and we really, really appreciate your help also, thanks for the help that the town gave for the starting up of the North Fork parent child home program which is now in its second year. It's a home visiting, early literacy parent support program where we go out into the community and serve families of poverty that have young children and give the parents the skills and the encouragement they need to help those children get ready to succeed in school. From the farm fields of Laurel to the back streets of East Marion, when we go out to families, we are able to find those that don't even know that CAST exists, if you could believe that. But they are there. A new report came out yesterday from the national center of family homelessness, 2.5 million homeless children in America, one in thirty. Two hundred and fifty eight thousand in New York State went to school in 12-13, that's a tremendous amount. A lot in Suffolk County as well and they are here on the north fork, not in shelters but living in difficult places, difficult circumstances. So we are able to reach out and to find them, the neediest families, ones that can't necessarily walk into CAST, so we are helping the parents to help their children succeed in school because one of the goals at CAST is self-suffi6ency and we really believe that education is the way out of poverty and if you get your children ready in the early years, science is telling us lasts forever. So if you do well when you get to school, chances are you are going to graduate. So that is one of our long term goals. Hopefully you are going to see the program continue to expand and see it in the community more. CAST is expanding its leadership as you might have read in the paper. And I am happy to say that Linda Ruland is going to be the new executive director in January. But unlike some that read that article, they didn't get past the first three paragraphs, I am still going to be at CAST and we are going to have a team and I am going to be working with the families and home visiting and going out in the field more and Linda is going to hold the fort and bring in new ideas, new programs and her own energy and experience. So CAST is growing and we are going to go into our 50t" year new and expanded and I am excited about that. You may have read it, if you read the article that Mrs. Swann who ran CAST for many years said that, of course, CAST began under governinent support and lost that government support in 1979 and then it became a local supported agency which we still are. I am proud to live and grow up in Southold and to serve here and that this town still cares about those in need here in Southold and we care about each other and it is not everywhere in this country that we can think about those numbers, so thank you for helping CAST. Southold Town Board Meeting 6 November 18, 2014 SUPERVISOR RUSSELL: Thank you. Thank you for all that you do. Would anybody else like to address the Town Board on the Cominunity Block grant? Please. Tara Murphy, PCC TARA MURPHY: Good afternoon, my name is Tara Murphy, program manager of Peconic Community Council. Thank you for the opportunity to address you today in order to request funding for Maureen's Haven homeless outreach program, operated by Peconic Community Council. The goal of Maureen's Haven is to provide safe, warm temporary shelter to homeless individuals from November through March utilizing houses of worship, volunteer houses of worship and congregation volunteers. The host facilities and supporting organizations provide much more than a place to sleep and nutritious breakfast and dinner, they provide support through embracing the values through human dignity, respect, service, compassion, teamwork, diversity and love. Now entering its 13th season of service, the program provides shelter and supportive services five nights a week in partnership with 15 houses of worship, 17 supporting houses of worship and community organizations and over 1,500 individuals who volunteer providing an estimated number of about 20,000 hours of service each winter season. Peconic Community Council is responsible for screening and transporting the homeless guests to the host facilities each night. In October 2011 we opened our day center in order to provide services focused on building efficiency skills and also to provide a respite during the cold winter months. Programs and services at the day center are also volunteer driven. Last winter we served 337 individuals over 111 nights. Our average number of guests were 49 at the high of 57. Overall beds were 5, 463 beds. Of that total, 79 percent were male, 21 percent were female. It is important to note that due to the ever declining economy, the number of new homeless has risen and working poor are included in our guest list. In fact, about 15 percent of those served this past season were newly homeless due to loss or decline in the income. This past year we focused on placing individuals in permanent supportive housing. We have placed 13 men and women in housing to date and we will increase that number in the coming year. The impact of our work can best be told through the stories of the men and women who have come to us for assistance. Michael, age 49 has bipolar disorder and also suffers from PTSD following a car accident resulting int eh death of his wife. In order to deal with the loss and guilt, he self-medicated with drugs and alcohol and quickly became homeless and lived in an unheated shed for a year. he heard about Maureen's Haven while at a soup kitchen and began using our winter shelter in 2012. He came intermittently while struggling to overcome his substance abuse issues. He has been clean and sober for over a year making him eligible for supportive housing. He was recently placed in such housing and is easing into the transition from homeless and without hope to a positive attitude towards the future. George, age 64, is a decorated Marine Corps veteran serving three tours of duty in Vietnam. After his service to our country, George settled in Southampton with his wife and son. He was a volunteer firefighter for many years and supported his community in other volunteer capacities. Following his divorce, George experienced financial setbacks that eventually led to his homelessness. He struggles with issues from his time in a war zone and turned to Maureen's Haven for assistance in the winter of 2011. Over time, George came to trust the various people at the agency and agreed to seek assistance from a nonprofit veteran's organization. With our support and encouragement, he accepted housing and other services from them and is working as a handyman. George maintains contact with us and we continue to encourage him in this new phase of his life. Vanessa, another one of our guests, age 44, grew up in an abusive and chaotic household and left home at age 16 to fend Southold Town Board Meeting 7 November 18, 2014 for herself. She lived from day to day doing anything to survive, including prostitution and selling drugs. As a result of her decisions, she spent several years in prison. Upon her release, she came to Maureen's Haven for shelter and support. She utilized our shelter intennittently for several years and finally decided to enter a drug rehabilitation program after many hours of counseling from our staff. Today, Vanessa is drug free, works full-time and is attending culinary school. She now lives in Queens and spends her free time assisting others that simply need someone to believe in them. She credits Maureen's Haven with saving her life. There are many more men and women like Michael, George and Vanessa that we plan to assist in moving out of homelessness into permanent housing with the assistance of Southold Town and others supporting our work. In an effort to provide services to the homeless in Southold Town, we have partnered and collaborated with the faith community to provide overnight shelter and other supportive services. Participating congregations include The First Presbyterian Church of Southold, Unitarian Church of Southold, St. Patrick's RC Church of Southold, Sacred Heart RC Church of Cutchogue and St. Peter's Lutheran Church in Greenport. We are very appreciative of the past support we have received from the Town of Southold and respectfully request funding once again in support of our program. We ask the Town Board to consider an allocation of $10,000 to assist in the cost of screening and transporting our guests to the host facilities throughout the season, ongoing operations of our day center and to offset the salaries of the program staff. Thank you for your consideration of this request. SUPERVISOR RUSSELL: Thank you. COUNCILMAN GHOSIO: I have to tell you, my church is involved, I go to Our Redeemer Lutheran in Aquebogue and we have quite the program and I have been involved from time to time with it and I can only tell you that as the winter seems to get longer and colder, it generally goes from 20 guests to about 40 and to see the comradery not only from the folks that come there, you know, the guests but also from the folks that volunteer truly is heartwarming and it is a wonderful program. MS. MURPHY: Thank you. Yes, we have the overwhelming support of our volunteers and without them, our program would not exist. Thank you. COUNCILMAN GHOSIO: Thank you. SUPERVISOR RUSSELL: Thank you. Would anyone else like to address the Town Board on the Community Block Grant Funding? Benja Schwartz, Cutchogue BENJA SCHWARTZ: How you doing today? You are here and you are giving out money, thought I would talk a little bit about the Guardian Angel organization. SUPERVISOR RUSSELL: Are you submitting an idea that we allocate Community Block funding to the Guardian Angels? Because this is a public hearing right now and we would like to close the public hearing and then we will certainly open up the opportunity for you to comment on any other issue. Southold Town Board Meeting 8 November 18, 2014 MR. SCHWARTZ: I am submitting a suggestion to allocate some Community Block Grant money to a civic organization that, while they are not, they don't have a major presence in this town, they have had a presence and I myself have spent many, many hours working with them in the Village of Greenport. There is a lot of misinformation and misunderstanding about the organization. There have been some statements by the current mayor of the Village of Greenport that I find extremely objectionable. The silence from this town board can.... SUPERVISOR RUSSELL: Can we go on our political soap boxes after we close this public hearing? If there is a specific amount.... MR. SCHWARTZ: This is not a political soap box. SUPERVISOR RUSSELL: If there is a specific amount for a specific organization, please feel free to submit that idea now. MR. SCHWARTZ: Okay, well, you know, look, look, look. SUPERVISOR RUSSELL: We are going to go to.... MR. SCHWARTZ: I see you. I am not looking over there, I am not looking over there. SUPERVISOR RUSSELL: But you will have your opportunity after, this is the public hearing and then we will get to the regular session after that. MR. SCHWARTZ: I would like you to consider allocating some funds to support a strong presence of Guardian Angels in the Town of Southold. What do you think of that idea, Scott? SUPERVISOR RUSSELL: Well, the problem is, we are getting less and less money each year and the organizations that are traditionally getting that money, we would have to give them less to find an allocation for this new organization. It is very difficult to take what little resources we are able to provide to CAST and other need based organizations and say we are giving you less because we have a new group that we want to allocate resources to. It is very, very difficult to do that, so we generally give to the groups that have a good history with the town in supplying some of the needs that we can't as a township. Typically hunger organizations, housing groups and things like that. MR. SCHWARTZ: And this is a public hearing so that we can come here and I see that some of the members of the Board are patiently listening and hoping maybe to consider ideas that are presented by the public at the public hearing. Other members of the Board are having their own private conversations over here. So you know, you want me to be brief, I will try to be brief but I would like to have some communication, I would like to have some idea of where you stand on the Guardian Angels. Are you aware of the function of the Guardian Angels? Mrs. Evans? Southold Town Board Meeting 9 November 18, 2014 JUSTICE EVANS: I am a little confused why you are bringing this up here. This is a public hearing where you are supposed to bring ideas to us and we listen. It is not for us to go back and forth with you at this point. MR. SCHWARTZ: That's kind of like the way communication works. It goes back and forth and the public can present to you ideas but without knowing your position, it is kind of a waste of time and energy, especially if you are not really listening. TOWN ATTORNEY FINNEGAN: Benja, this is a public hearing, for the third time, on a specific item of the Community Development Block Grant, okay? As the Supervisor now told you twice, if you want to go off and ask questions of the Town Board, we have that opportunity later. We have a record we are recording here for a public hearing that we need to close and move on with the rest of the Town Board meeting. Okay? You obviously have your list of things you want to talk about and you can get to that..... MR. SCHWARTZ: I am very focused. No, I am.... TOWN ATTORNEY FINNEGAN: You don't need to ask them about what the Guardian Angels, if you have a proposal of how much money you want to give to the Guardian Angels and what they do, like everyone else that got up here and said, this is my organization, this is what it does, this is how much money we want, make your proposal and then we will move on, okay? That's what the public hearing is about. MR. SCHWARTZ: Okay. Well, first of all, I am not an official representative of the Guardian Angels, is that a problem? COUNCILMAN GHOSIO: Not as far as I am concerned. MR. SCHWARTZ: It is a public hearing, correct? Or is it only opened to organizations that are formally.... TOWN ATTORNEY FINNEGAN: It has an agenda. Yes. MR. SCHWARTZ: I am sorry? TOWN ATTORNEY FINNEGAN: The public hearing has an agenda. There is a purpose to the public hearing. MR. SCHWARTZ: And if you are not on the agenda, you cannot speak? SUPERVISOR RUSSELL: Let's not do this. Look, if you have a specific amount, you have mentioned a specific organization... MR. SCHWARTZ: Yes. Southold Town Board Meeting 10 November 18, 2014 SUPERVISOR RUSSELL: That's great. If you would submit to us how much you would like us to consider, we can... MR. SCHWARTZ: Well, the first amount, I would like to suggest three amounts, the first amount would be one dollar. A symbolic gesture from the Town of Southold to support the development of an organization which serves the community in ways that currently existing and operating organizations, other than Guardian Angels, don't. Be they religious, police, schools, government, they all have their function. They all have their specialties. The Guardian Angels are particularly important in protecting our rural community at this point considering current events. But one dollar would represent a symbolic gesture to recognize their value as part of the community and to include them in the- Community Grant process. One thousand dollars, obviously, or $500 or $1,000 would obviously be of more use to enable them to re-start the organization which was in operation years ago and is now being revived. I'think if you would meet with the organization and discuss the plans with them, you could come up with a larger amount but at this point,those are the amounts I would suggest. SUPERVISOR RUSSELL: Thank you. Would anyone else like to address the Town Board on Community Block Grant Funding? Lisa Trulio LISA TRULIO: Hi, my name is Lisa Trulio, I just wanted to put a suggestion in for the grant funding. Affordable housing, I know you guys have been knocking it aroun*d for a while. I am a nurse practitioner and we need to start thinking about the healthcare out here. Who is going to take care of everybody? There's kind of, not a lot of positions out here. It is hard to get an appointment, I just recently moved out here and I noticed that getting a specialist is really difficult and it is not that way up island, so I think that we need to, well, I grew up out here and I was very fortunate to grow up out here but as you know, times have changed and to get nurses and first responders out here, we need roofs over their heads and we have to attract them out here. I came out here thinking that I was going to find a home for my son and I and that's not going to happen, so I am going to have to leave. And I am very qualified and I could work in that ICU over there but I am not going to stay because I can't. Some people say it's a tax haven out here, I hate to look at it like that out here. To me this is a very special place in every way. As Wendell Berry says, you know, it's a wonderful place in every way. It's just part of who I am but unfortunately, I just can't stick around but I am thinking about the future of Southold-and I will keep this really brief, and I am thinking about people getting older and you know, I am thinking about my son what happens if that blood transfusion is a little late, it's catastrophic. So I think we need to think about these people who are going to take care of us and the 46 % of those people are secondary homeowners, those people that come out on the weekends. They are going to be getting hurt and we really need to think about the nurses and the doctors that take care of them and give them a little help, accommodate them. The Jasmine Lane is a beautiful development, I was lucky enough to meet the builder of that development, he is very proud of those families and watching them grow up. So I just maybe would like to see maybe some investments in healthcare workers and maybe a little education, high school along with agriculture education but I really would like to see more than just an ad in affordable housing. I am really, proud of this place and it really makes me sad to think that half the people are secondary homeowners and not lifeblood. So anyway, thank you. Southold Town Board Meeting November 18, 2014 Supervisor Russell SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on the Community Block Grant funding? (No response) V. Resolutions 2014-892 CA TE GOR Y. Audit DEPARTMENT. Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated November 18_,2014. V Vote Record-Resolution RES-2014-892 Z Adopted 0 Adopted as Amended ..................... ......................... ............................................................ 11 Defeated Yes/Aye No/Nay Abstain Absent 0 Tabled .................................................... Robert Ghosio Seconder' 0 0 El Withdrawn James Dinizio Jr Voter Rl 0 0 0 0 Supervisor's Appt William P.Ruland Voter 0 0 El 0 0 Tax Receiver's Appt Jill Doherty Voter Fl 0 0 0 • Rescinded • Town Clerk's Appt Louisa P.Evans Mover El 0 0 Supt Hgwys Appt Scott A.Russell Voter El 0 0 0 No Action 0 Lost ..........................-1-1-1-1................................ ..........................— .................... ............................... ............... .......... ........... .......... 2014-893 CA TEGOR Y. Set Meeting DEPARTMENT.- Town Clerk Set Next Regular Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, December 2, 2014 at the Southold Town Hall, Southold,New York at 7:3 0 P.M.. Vote Record-Resolution RES-2014-893 ................ ....................................---................................... ................. 2 Adopted Yes/Aye No/Nay Abstain Absent ElAdopted as Amended ................................................................................... ................. ................ .................. Robert Ghosio Seconder. 2 El El 0 0 Defeated James Dinizio Jr Voter Rl El El 0 El Tabled William P.Ruland Voter 2 El Withdrawn 0 Supervisor's Appt Jill Doherty Voter El Tax Receiver's Appt Louisa P.Evans Mover 0 0 0 Southold Town Board Meeting 12 November 18, 2014 • Rescinded Scott A.Russell Voter El 11 0 0 • Town CleWs Appt • Supt Hgwys Appt • No Action 0 Lost .......... ........................... .................... ................................ ............................. ................................- 2014-894 CA TEGOR Y.- Budget Modification DEPARTMENT. Recreation Budget Modification Recreation Department Financial Impact: Additional appropriations to cover estimated expensesfor recreation program instructors andyouth program supplies. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 General Fund Whole Town budget as follows: From: A7180.1.300.100 Beaches, Seasonal, Regular Earnings $6,500 Total $6,500 To: A7020.4.500.420 Recreation, Youth Program Instructors $5,000 A7020.4.100.150 Recreation, Youth Program Supplies $1,500 Total $6,500 V Vote Record-Resolution RES-2014-894 21 Adopted El Adopted as Amended 0 Defeated Yes/Aye No/Nay Abstain Absent 11 Tabled ...................................................................... ............................................................................. Voter Robert Ghosio 0 • Withdrawn James Dinizio Jr Mover lz • Supervisor's,Appt William P.Ruland Seconder R1 0 0 0 • Tax Receiver's Appt Jill Doherty Voter R1 0 0 0 El Rescinded 0 Town Clerk's Appt Louisa P.Evans Voter 171 0 El lZ El 11 • Supt Hgwys Appt Scott A.Russell Voter • No Action 0 Lost 2014-895 Southold Town Board Meeting 13 November 18, 2014 CATEGORY. Budget Modification DEPARTUENT. Accounting Budget Modificationfor Highway Fund Financial Impact: Replenish resurfacing projects usedfor culvert replacement RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 Highway Fund Part Town budget as follows: Increase Revenues: DB.5990.00 Appropriated Fund Balance $38,629 Decrease Appropriations: DB.5110.4.400.3SO General Repairs, Culvert Repair 1,371 Total $40,000 Increase Appropriations: DB.5110.4.100.900 General Repairs, Resurfacing Projects $40,000 Total $40,000 Vote Record-Resolution RES-2014-895 0 Adopted El Adopted as Amended .......... .................................................................................. ............................. ....................... ......................................... U Defeated Yes/Aye No/Nay Abstain Absent 0 Tabled ........... ................. ...................... ............... Robert Ghosio Voter [a 0 Withdrawn . ............ James Dinizio Jr Voter • Supervisor's Appt William P.Ruland Seconder. lZ 11 0 0 • Tax Receiver's Appt • Rescinded Jill Doherty Mover 2 0 0 0 El Town Clerk's Appt Louisa P.Evans Voter 21 0 11 • Supt Hgwys Appt Scott A.Russell Voter 1� 0 0 0 .......... • No Action • Lost ........... ........................ ......................... ............. 2014-896 CATEGORY Contracts,Lease&Agreements DEPARTMENT. Recreation Hire Recreation Program Instructor Resolved that the Town Board of the Town of Southold authorizes and directs Supervisor Scott A. Russell to execute an agreement with the following individual for the winter 2015 Recreation Programs, all in accordance with the approval of the Town Attorney. Funding for the instructors listed below has been budgeted for in the Recreation Department's 2015 instructor line Southold Town Board Meeting 14 November 18, 2014 A7020.4.500.420. Daniel Gladstone (String Orchestra Program) $30/hour V Vote Record-Resolution RES-2014-896 21 Adopted El Adopted as Amended .................................................. ................ ........................................... ....................... 0 Defeated Absent Yes/Aye No/Nay Abstain 0 Tabled .......... ----------— Robert Ghosio Voter 0 Withdrawn James Dinizio Jr Voter • Supervisor's Appt William P.Ruland Mover • Tax Receiver's Appt Jill Doherty Voter 0 El 0 0 Rescinded Louisa P.Evans Secondef.1 El 0 0 • Town Clerk's Appt El El • Supt H.-wys Appt Scott A.Russell Voter • No Action 0 Lost 2014-897 CATEGORY. Budget Modification DEPARTIVENT- Accounting Budget Modificationfor Employee Health Plan Financial Impact: Increase the appropriationfor Medicare premium reimbursements, mostly reflective of an IRAMA adjustment retroactive to 111112012. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 Employee Health Benefit Plan budget as follows: From: MS.1910.4.000.000 Insurance $14,000 To: MS.1989.4.000.000 Medicare Reimbursement $14,000 V Vote Record-Resolution RES-2014-897 ........................... ........................... ........... ........... 0 Adopted Yes/Aye No/Nay I Abstain Absent • Adopted as Amended se .......... ...... .................... ...... .................. Robert Ghosio conder. ij 0 • Defeated James Dinizio Jr Voter 0 0 El 0 • Tabled William P.Ruland Voter El El 0 0 Withdrawn Jill Doherty Voter 0 0 El 0 • Supervisor's Appt Louisa P.Evans Mover 0 0 0 0 • Tax Receiver's Appt Scott A.Russell Voter 2 0 El • Rescinded 0 Town Clerk's Appt Southold Town Board Meeting 15 November 18, 2014 • Supt ligwys Appt • No Action 0 Lost .............. ......................... ........... 2014-898 CATEGORY. Refund DEPARTMENT: Town Attorney Authorize Refund to Philip M Bianculli/Mrst Time Homebuyer CPF Exeniption RIESOLVED that the Town Board of the Town of Southold hereby authorizes a refund (from Account#H3.1189.10)to Philip M. Bianculli from the Town of Southold in the amount of $2,280.00 in connection with his payment of the Community Preservation Fund tax on property in Southold (SCTM#1000-51-6-20)purchased by Mr. Bianculli on November 7, 2014, as Mr. Bianculli qualifies for the First Time Homebuyer exemption set forth in §17-25(C) of the Southold Town Code. -/Vote Record-Resolution RES-2014-898 121 Adopted • Adopted as Amended .........-----------.................................................... ...............................---.................................................................................................................................................. • Defeated Yes/Aye No/Nay Abstain Absent • Tabled .................................................................................... ......................................................................................... Robert Ghosio Mover Ri 0 0 0 • Withdrawn James Dinizio Jr Voter R1 0 0 0 • Supervisor s Appt William P.Ruland Voter 10 11 0 0 El Tax Receiver's Appt Jill Doherty Voter R1 0 0 0 • Rescinded Louisa P.Evans Seconder 0 0 0 0 • Town Clerk's Appt • Supt Hgwys Appt Scott A.Russell Voter 0 • No Action El Lost 2014-899 CA TE G OR Y.- Contracts,Lease &Agreements DEPARTMENT. Town Attorney PD Job ShadowlWork Program WlEastern Long Island Academy ofApplied Technology RIF,SOLVED that the Town Board of the Town of Southold hereby authorizes Chief Martin Flatley to participate in a Job Shadow/Work Experience Program with Eastern Long Island Academy of Applied Technology ("ELIAAT") and to execute the Memorandum of Agreement between the Town of Southold and ELIAAT setting forth the terms of participation, subject to the approval of the Town Attorney. Southold Town Board Meeting 16 November 18, 2014 -*'Vote Record-Resolution RES-2014-899 121 Adopted El Adopted as Amended .............. .................................................................... .................................................. .............................................-.......................................................... ........................................ 0 Defeated Yes/Aye No/Nay Abstain Absent 0 Tabled ...................................... ............................ Robert Ghosio Voter IZI 11 [1 0 0 Withdrawn James Dinizio Jr i Mover 10 11 0 0 Supervisor's Appt William P.Ruland Voter El Tax Receiver's Appt Jill Doherty Seconder. [a 11 El 0 0 Rescinded Louisa P.Evans Voter lZ 0 0 0 • Town Clerk's Appt • Supt Hgwys Appt-- Scott A.Russell Voter • No Action 0 Lost 2014-900 CA TEGOR Y.- Budget Modification DEPARTIVENT. Highway Department 2014 Highway Dept Budget Mod Financial Impact: transferfundsftom light duty to heavy duty equipment RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 Highway Fund Part Town budget line items as follows: From: DB.5130.2.300.200 Machinery Equipment& Capital Outlay Motor Vehicles Heavy Duty Vehicles $ 110,000.00 TOTAL: s 110,000.00 To: DB.5130.2.300.100 Machinery Equipment & Capital Outlay Motor Vehicles Light Duty Vehicles $ 110,000.00 TOTAL: $ 110,000.00 Vote Record-Resolution RES-2014-900 ................. ............ ................. ......................... ..................................................................................................... 21 Adopted Yes/Aye No/Nay Abstain Absent • Adopted as Amended ............................................... .................... .............. Robert Ghosio Voter 21 0 El El • Defeated James Dinizio Jr Voter • Tabled William P.Ruland Seconde El El 11 [I Withdrawn Mover EI 0 Jill UU11 rty El El Supervisor's Appt D Tax Receiver's Appt Louisa P.Evans Voter 0 0 11 El 0 Rescinded Scott A.Russell Voter 0 El 0 0 Southold Town Board Meeting 17 November 18, 2014 • Town Clerk's Appt • Supt Hgwys Appt El No Action 0 Lost .. ......... ................ .................. ................ 2014-901 CATEGORY.- Budget Modification DEPARTMENT. Fishers Island Ferry District 2014 FIFD Budget Modification Financial Impact: correct underfunded accounts 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 November 10, 2014, which amended the 2014 Fishers Island Ferry District budget. ,/Vote Record-Resolution RES-2014-901 21 Adopted El Adopted as Amended ........... .......................................... .............. ........... ..............I...............................---------- 0 Defeated Yes/Aye No/Nay Abstain Absent El Tabled Robert Ghosio Voter • Withdrawn James Dinizio Jr Voter [21 11 0 • Supervisor's Appt William P.Ruland Mover 21 0 0 0 • Tax Receiver's Appt Jill Doherty Voter El 11 • Rescinded Louisa P.Evans Seconder,.' [21 11 0 0 • Town Clerk's Appt El Supt Hgwys Appt Scott A.Russell Voter 0 No Action 11 Lost 2014-902 CATEGORY. Employment-FIFD DEPAR731ENT. Accounting Appoint James Moore Full Thne Cashier RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted November 10, 2014 that reassigns James Moore to the position of full time Cashier. Vote Record-Resolution RES-2014-902 0 Adopted Yes/Aye No/Nay Abstain Absent Southold Town Board Meeting 18 November 18, 2014 • Adopted as Amended Robert Ghosio 1 Secondei R1 0 El 0 • Defeated James Dinizio Jr Voter • Tabled William P.Ruland i Voter 1 E1 0 • Withdrawn Jill Doherty Voter • Supervisor's Appt Louisa P.Evans Mover • Tax Receiver's Appt Scott A.Russell Voter • Rescinded • Town Clerk's Appt • Supt Hgwys Appt • No Action 0 Lost ..................................................................-.......................................... ...................................................................................................................... ................. ............................................................................................... ......................................................................... 2014-903 CATEGORY. Employment-FIFD DEPARTMENT.- Accounting Appoint Amy Ruffin Full Time Deckhand RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted November 10, 2014 that reassigns Amy Ruffin to the position of full time Deckhand. Vote Record-Resolution RES-2014-903 0 Adopted • Adopted as Amended ....................................................... ................ ........... ............................................ .............................................................................................................................. • Defeated Yes/Aye No/Nay Abstain Absent 0 Tabled ............ ................... ...................................... .......... ............... Robert Ghosio Mover [Z 0 Withdrawn James Dinizio Jr Voter E1 0 0 • Supervisor's Appt William P.Ruland Voter • Tax Receiver's Appt Jill Doherty Voter 0 Rescinded Louisa P.Evans Seconder! El 0 0 0 • Town Clerk's Appt • Supt Hgwys Appt Scott A.Russell Voter R1 El 0 0 No Action 0 Lost ..................... ........................................................... ......................... ......................... .......... .......... ............................... .............................................................................. 2014-904 CA TEGOR Y.- Employment-FIFD DEPART.UENT. Accounting Appoint Christopher Newell Full Time Deckhand Southold Town Board Meeting 19 November 18, 2014 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted November 10, 2014 that reassigns Christopher Newell to the position of full time Deckhand. ,"Vote Record-Resolution RES-2014-904 [Z Adopted 0 Adopted as Amended .......... ............................ ........................................ ....................-.......... ................ ......................................................................... El Defeated Yes/Aye No/Nay Abstain Absent • Tabled Robert Ghosio Voter Rl 0 0 0 • Withdrawn James Dinizio Jr Mover Rl 0 0 • Supervisor's Appt William P.Ruland Seconder 0 0 0 • Tax Receiver's Appt Jill Doherty Voter 0 0 0 El Rescinded • Town Clerk's Appt Louisa P.Evans 21 0 11 0 • Supt H.-wys Appt Scott A.Russell Voter 121 0 0 El 0 No Action 0 Lost 2014-905 CATEGORY. Employment-F1FD DEPARTMENT. Accounting Appoint Brian Busse, III Part Time Deckhand RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted November 10, 2014 that reassign§ Brian Busse, III to the position of part time Deckhand. ,f'Vote Record-Resolution RES-2014-905 0 Adopted • Adopted as Amended ..................- ........................................................................................... ....................... • Defeated Yes/Aye No/Nay Abstain Absent El Tabled Robert Ghosio Voter 0 0 El • Withdrawn El James Dinizio Jr Voter 21 11 0 • Supervisor's Appt William P.RUiand Seconder.; 0 0 • Tax Receiver's Appt 171 0 El 0 Jill Doherty Mover El Rescinded El Town Clerk's Appt Louisa P.Evans Voter 11 Supt H,-Wys Appt Scott A.Russell Voter 171 0 El 0 0 No Action El Lost 2014-906 Southold Town Board Meeting 20 November 18, 2014 CATEGORY. Employment-FIFD DEPARTMENT. Accounting Appoint Darcy Scroxton Part Time Cashier RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted November 10, 2014 that reassigns Darcy Scroxton to the position of part time Cashier. ,/Vote Record-Resolution RES-2014-906 2 Adopted • Adopted as Amended ...........................................................................................-..........................................................-.-.......... ............................... .............. .................... • Defeated Yes/Aye No/Nay Abstain Absent • Tabled ...................................................................................................................... ...........................- Robert Ghosio Voter El 0 11 0 El Withdrawn James Dinizio Jr Voter • Supervisor's Appt William P.Ruland Mover Ef 0 0 0 • Tax Receiver's Appt Jill Doherty I Seconder.' 10 0 0 0 Rescinded Louisa P.Evans Voter El 0 0 0 El Town Clerk's Appt • Supt Hgwys Appt Scott A.Russell Voter 121 0 • No Action El Lost 2014-907 CA TEGOR Y. Employment-FIFD DEPARTMENT Accounting Appoint Scott Fenton Part Time Call in Deckhand RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted November 10, 2014 that reassigns Scott Fenton to the position of part time call-in Deckhand. ,/Vote Record-Resolution RES-2014-907 Ef Adopted 0 Adopted as Amended ..................................................................................................................................................-.................................................... ............................ 0 Defeated Yes/Aye No/Nay Abstain Absent • Tabled ................................... -- ------ Robert Ghosio Seconder. Z El 0 0 • Withdrawn James Dinizio Jr Voter 0 0 0 • Supervisor's Appt William P.Ruland Voter 0 0 El 0 • Tax Receiver's Appt Jill Doherty Voter 0 0 0 El El Rescinded Louisa P.Evans Mover Z 11 0 El 11 Town Clerk's Appt • Supt Hgwys Appt Scott A.Russell Voter 2 0 0 0 • No Action • Lost Southold Town Board Meeting 21 November 18, 2014 ............ ............... 2014-908 CATEGORY. Employment-FIFD DE,PARTME�A'T. Accounting Appoint Jason Marks Part Time Call in Deekhand RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted November 10, 2014 that reassigns Jason Marks to the position of part time call-in Deckhand. -'Vote Record-Resolution RES-2014-908 0 Adopted • Adopted as Amended • Defeated Yes/Aye No/Nay Abstain Absent 0 Tabled ............................................................ ..................................... Mover Robert Ghosio 0 0 0 • Withdrawn James Dinizio Jr Voter El 0 0 11 • Supervisor's Appt William P.Ruland Voter R1 0 0 0 • Tax Receiver's Appt ............... 121 El 0 0 Jill Doherty Voter • Rescinded • Town Clerk's Appt Louisa P.Evans 1 Secondeti lZ 0 0 ........... • Supt Hgwys Appt Scott A.Russell Voter 0 0 0 0 .......... • No Action El Lost ........... ................. ........... .................. ...........- ...... ..... 2014-909 CATEGORY Employment-FIFD DEPARTME,NT. Accounting Approves Voluntary Resignation ofJustin Carlson RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted November 10, 2014 that approves the voluntary resignation of Justin Carlson. Vote Record-Resolution RES-2014-909 ....................... .................................. ..................- .......... .......... 0 Adopted Yes/Aye No/Nay Abstain Absent ElAdopted as Amended ........ .......................... ....................................... ............. Robert Ghosio Voter lZ 0 0 0 0 Defeated James Dinizio Jr Mover 2 El 0 El El Tabled William P.Ruland Seconder. 121 0 0 • Withdrawn Jill Doherty Voter • Supervisor's Appt Louisa P.Evans Voter lZ El Tax Receiver's Appt Scott A.Russell Voter z 0 El El 0 Rescinded El Town Clerk's Appt Southold Town Board Meeting 22 November 18, 2014 0 Supt Hgwys Appt 11 No Action El Lost ................. ............................................ ............ 2014-910 CATEGORY. Budget Modification DEPAREWENT. Accounting Create Capital Projectfor Police Server Upgrade Financial Impact: Create capital projectfor Police Server Upgrade WHEREAS the Town Board of the Town of Southold adopted a 2014 Capital Budget which includes a$70,000 appropriation for a Police Server Upgrade, and WHEREAS the Town's Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Project in the 2014 Capital Fund: Capital Project Name: Police Server Upgrade Financing Method: Transfer from the General Fund Whole Town Budget: Revenues: H.5031.33 Interfund Transfers $70,000 Total $70,000 Appropriations: H.1680.2.600.600 Data Processing Capital Outlay Police Server Upgrade $70,000 Total $70,000 Vote Record-Resolution RES-2014-910 0 Adopted Yes/Aye No/Nay Abstain Absent • Adopted as Amended ..........................................................-................... ................. .................................... • Defeated Robert Ghosio Voter R1 0 0 El [I Tabled James Dinizio Jr Voter [a 0 0 El • Withdrawn William P.Ruland Seconder 0 0 0 • Supervisor's Appt Jill Doherty Mover 0 Voter El Tax Receiver's Appt Louisa P.Evans 2 0 0 El El Rescinded Scott A.Russell Voter 0 11 0 0 0 Town Clerk's Appt [I Supt H.-,Wys Appt Southold Town Board Meeting 23 November 18, 2014 • No Action • Lost ...................-........... ............... ............ ........... ..........................— ...................... ............ 2014-911 CATEGORY: Budget DEPARTMENT Town Clerk Adopt Such Preliminary Capital Budget as the Annual Capital Budget of This Town for the Fiscal Year Beginning on the ISt January 2 0.15 WHEREAS,the Town Board of the Town of Southold has met at the time and place specified in the notice of public hearings on the Preliminary Capital Budget for the fiscal year beginning on January 1, 2015, and heard all-persons desiring to be heard thereon, now,therefore, be it RESOLVED that the Town Board of the Town of Southold does hereby adopt such Preliminary Capital Budget, as amended, as the Annual Capital Budget of this Town for the fiscal year beginning on the I"January 2015; and be it FURTHER RESOLVED that such capital budget as adopted bythis Board be entered in detail in the minutes of the proceedings of this Town Board; and be it FURTHER RESOLVED that the Town Clerk of the Town of Southold shall prepare and certify copies of said annual Capital Budget as adopted by the Town Board of the Town of Southold, together with the estimates, if any, adopted pursuant to Section 202a, Subdivision 5 of the Town Law, and deliver a copy thereof to the County Legislature of the County of Suffolk. V'Vote Record.-Resolution RES-2014-911 0 Adopted • Adopted as Amended .......................................................................... ......................................................................... ................ ............................................................................. • Defeated Yes/Aye No/Nay Abstain Absent • Tabled ................................ ............ ........... Robert Ghosio Voter El Withdrawn James Dinizio Jr Voter El 0 11 0 • Supervisor's Appt William P.Ruland Mover 21 0 0 0 • Tax Receiver's Appt Jill Doherty Voter 10 0 0 11 Rescinded 0 Town Clerk's Appt Louisa P.Evans I Secondei. 21 11 0 0 El Supt Hgwys Appt Scott A.Russell Voter lZ 0 0 0 El No Action 11 Lost ......................... ........................................................ .................................. ............ .................... 2014-912 Southold Town Board Meeting 24 November 18, 2014 CATEGORY. Budget DEPAR TAIE1VT. Town Clerk Adopt 2015 Annual Budget WHEREAS,the Town Board of the Town of Southold has met at ihe time and place specified in the notice of public hearings on the Preliminary Budget for the fiscal year beginning on January 1, 2015, and heard all persons desiring to be heard thereon; now, therefore, be it RESOLVED that the Town Board of the Town of Southold does hereby adopt such Preliminary Budget as the Annual Budget of this Town for the fiscal year beginning on the Ist day of January 2015; and be it FURTHER RESOLVED that such budget as adopted by this Board be entered in detail in the minutes of the proceedings of this Town Board; and be it FURTHER RESOLVED that the Town Clerk of the Town of Southold shall prepare and certify copies of said annual budget as adopted by the Town Board of the Town of Southold,together with the estimates, if any, adopted pursuant to Section 202a, Subdivision 5 of the Town Law, and deliver a copy thereof to the County Legislature of the County of Suffolk. V vote Record-Resolution RES-2014-912 0 Adopted 0 Adopted as Amended ................................................................ ............ 0 Defeated Yes/Aye No/Nay Abstain Absent El Tabled Robert Ghosio Seconder.. 0 0 0 11 0 Withdrawn James Dinizio Jr Voter lZ 0 El 0 11 Supervisor's Appt William P.Ruland Voter 0 0 0 • Tax Receiver's Appt • Rescinded Jill Doherty Voter 21 0 11 El • Town Clerk's Appt Louisa P.Evans Mover [a 0 0 0 0 0 0 • Supt H.-wys Appt Scott A.Russell Voter El • No Action 0 Lost Comments regarding resolution 912 COUNCILMAN RULAND: Discussion? SUPERVISOR RUSSELL: Yes? COUNCILMAN RULAND: It should be said,well at least for me,this is the 7th budget that I have been affiliated with and I would like to thank the Supervisor publicly for the time and effort that has gone in to developing our annual budget which is volurninous and there arejust items upon items. I certainly thank you for your tenacity for preparing something. I thank each Town Board mernber that has given a Southold Town Board Meeting 25 November 18, 2014 tremendous amount of time going th rough this over and over and over again. And even over again today, to begin to put together and balance the needs of the people and the needs of the taxpayer of this town. I would also like to thank the Comptroller,John Cushman and his staff for providing the documentation that is needed and we had a thousand questions and they provided answers to our questions and it is kind of a, it is a huge project that requires a lot of effort and takes a lot of time and I am glad that we were able to come to an agreement on a budget that, as I said,will serve everybody's needs and I look forward to 2015 and that is my discussion. SUPERVISOR RUSSELL: I would also like to point out that there are some minor changes that have been made to the budget although the edit packed on taxes remains the same which is a reduction in the tax rate of about 7/1 Oths of one percent. The budget that is adopted does include the hiring of 8 full-time police officers in the very near future. It does not rely on the proposal which was 6 full-time now and then two more upon the retirement of two officers that are anticipated. We will be hiring 8 in the very near future,probably within the next week or two we can hopefully swear them in and then also we are also actually quite pleased to say that one of those officers is an officer of Latino descent,which we think is very important given the changing demographics of Southold Town. .....................................­....................................................................­­............. ..................................­­­.....................................................................................I................. ........................­­................... .........................................................................­­­­­­­....................... 2014-913 CA TE G OR Y. Contracts,Lease&Agreements DEPARTMENT.- Town Clerk Accept Bid and Authorize Supervisor to Execute AgreenientlAventura RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Aventura in the sum of$948,850.00 ($933,850.00 plus Alter#1 - $12,000.00 and Alter#2 - $3,000.00 upon recommendation by the Town Engineer to construct a Fuel Dispensing Facility at the Southold town Highway all in accordance with plans; and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and Aventura in the total amount of$948,850.00, subject to the approval of the Town Attorney. �/Vote Record-Resolution RES-2014-913 R1 Adopted • Adopted as Amended • Defeated Yes/Aye No/Nay Abstain Absent ElTabled ........................... ................................................................... ........................ Robert Ghosio Mover lZ 0 0 0 • Withdrawn James Dinizio Jr Voter • Supervisor's Appt William P.Ruland Seconder' lZ 0 0 0 • Tax Receiver's Appt El 0 Jill Doherty Voter 21 0 • Rescinded 0 0 Louisa P.Evans Voter Z El El Town Clerk's Appt • Supt Hgwys Appt Scott A.Russell Voter 0 0 • No Action El Lost Southold Town Board Meeting 26 November 18, 2014 Comments regarding resolution 913 COUNCILMAN GHOSIO: It should be noted that this is something we need to do because of health department requirements. COUNCILMAN RULAND: I will second your motion and comment as well, Bob. It is the first in the series of, we hope, three phases of a capital project at the Highway Department that consolidates all fueling facilities that the town has into a single facility of adequate storage to serve the needs and the emergency needs as well. It will get us into compliance with the Department of Health Services regulations and also will provide us with greater accountability of fuel purchase and fuel dispense because we will go from five facilities to one. It will save on the permitting cost and I also want to say that included in that$948,000 and the alternates are electrical upgrades that are desperately needed at the Highway Department and it is not just $948,000 for the fueling facility but a substantial sum for electrical upgrades that are going to support phase 2 of this project when that comes to be. I just wanted to make sure that everybody understands that. ................................................... ............................ ................................................ ..............................I......................... ......................... .........................................-.................I..".................I........... ............................................................ 2014-914 CA TE G OR Y. Seqra DEPARTMENT. Town Attorney SEQRA LL/Time Limits on Variances RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed Local Law entitled "A Local Law in Relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances" is classified as a Type 11 action pursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA and is exempt from LWRP review pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. V Vote Record-Resolution RES-2014-914 E1 Adopted 0 Adopted as Amended ................... .................................. .................................... ................................................................... .......... ...........................- 0 Defeated Yes/Aye No/Nay Abstain Absent 0 Tabled Robert Ghosio Voter 0 0 0 0 El Withdrawn James Dinizio Jr Mover z 0 0 0 • Supervisor's Appt William P.Ruland Voter 0 0 0 • Tax Receiver's Appt 0 Rescinded Jill Doherty Seconder.; z 0 El 0 Louisa P.Evans Voter • Town Clerk's Appt • Supt Hgwys Appt Scott A.Russell Voter Rl 11 0 0 El No Action 0 Lost 2014-915 Southold Town Board Meeting 27 November 18, 2014 CA TEGOR Y.- Employment-Town DEPARTMENT. Town Attorney Administrative,Appointed, Elected Officials Health Insurance RESOLVED by the Town Board of the Town of Southold that effective January 1, 2015, the Town's self-insured health insurance plan offered by the Town to eligible Administrative employees and elected and appointed Officials, will be replaced with coverage through the New York State Health Insurance Program. The employee's contribution to the premium shall be the same as the contribution made by CSEA employees. -'Vote Record-Resolution RES-2014-915 0 Adopted • Adopted as Amended • Defeated Yes/Aye No/Nay Abstain Absent ElTabled ........................................................ .................................. .............. ............................ Robert Ghosio Voter 1 El 0 • Withdrawn James Dinizio Jr Voter • Supervisor's Appt William P.Ruland 0 Seconder 16 El Tax Receiver's Appt Jill Doherty Mover lZ El 0 0 Rescinded Louisa P.Evans Voter El 13 Town Clerk's Appt • Supt Hgwys Appt Scott A.Russell Voter 171 0 • No Action El Lost .................... ................ . ........... .......................... 2014-916 CATEGORY.- Contracts,Lease &Agreements DEPARTMENT. Town Attorney Amend Resolution 2014-890 Weston &Sampson Agreement RESOLVED that the Town Board of the Town of Southold hereby amends Resolution 2014- 890 adopted on November 5, 2014 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Preventative Maintenance Agreement between Weston & Sampson CMR, Inc. and the Town of Southold for the maintenance of the Fishers Island Pump Station for a total of two visits inspections, not including any necessary repai work, at a total contract price of$2,174.00 for 2015, subject to the approval of the Town Attorney. V Vote Record-Resolution RES-2014-916 * Adopted Yes/Aye No/Nay Abstain Absent ............. * Adopted as Amended Robert Ghosio Voter Z El 0 0 * Defeated James Dinizio Jr Voter Z El 0 0 0 0 0 Tabled William P.Ruland Mover Southold Town Board Meeting 28 November 18, 2014 • Withdrawn Jill Doherty voter 0 0 • Supervisor's Appt Louisa P.Evans Seconder 121 0 • Tax Receiver's Appt Scott A.Russell 1 Voter Rl El 0 0 0 Rescinded 0 Town Clerk's Appt 0 Supt Hgwys Appt 0 No Action 0 Lost .....................................................................--....................... ................................................ ............................................. ..........................................------.................................... ............................................... .............. .......... 2014-917 CATEGORY. Local Law Public Hearing DEPARTAIENT.- Town Attorney PH 12116114 @ 4:32 PMLLITree Fund WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 18 1h day of November, 2014, a Local Law entitled "A Local Law in relation to Amendments to Chapter 240, Subdivision of Land, and Chapter 280, Zoning, in connection with a Tree Fund" 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 16 1h day of December, 2014 at 4:32 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 240, Subdivision of Land, and Chapter 280, Zoning, in connection with a Tree Fund" reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 240, Subdivision of Land, and Chapter 280, Zoning, in connection with a Tree Fund". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. The Town Board finds that in order to protect and preserve the rural character of the Town of Southold, including the scenic view sheds within the Town, street trees need to be planted and trees which are located on Town property, which have been removed or destroyed, need to be replaced. This local law expands the Planning Board's discretion to consider a request by the applicant to contribute a sum of money, in lieu of planting trees Southold Town Board Meeting 29 November 18, 2014 for landscaping or screening purposes in connection with a site plan or subdivision, where to do so would be impracticable. The fees generated would be exclusively used by the Town of Southold Tree Committee to pay for the much needed planting and/or replanting of.street trees and trees located on Town property. 11. Chapters 240 and 280 of the Code of the Town of Southold are hereby amended as follows: §240-49. bearing. 1. Landscaping and ground cover. (4) Tree fee. (a) Upon the request of an applicant, if the Planning Board makes a finding pursuant to this Chqpter that the proposed subdivision presents a proper case for requiring trees to be planted for screening, landscqping purposes, but that a suitable location for said plantings does not exist, or it is otherwise iMpracticable, the Planning Board may permit the qpplicant to pay a sum of money in lieu thereof. The fee shall be as follows: (i) Not less than Three Hundred Fifty Dollars ($350.00), nor more than Seven Hundred Fifty Dollars ($750.00) per tree, based on caliper, that would have been required for screening or landscUing ppMoses. (b) Timing of fee p!qyment. The fee shall be paid prior to aa subdivision approval. (c) The fee shall be deposited into the Fiduciary Fund and used by the Southold Town Tree Committee exclusively for the planting of new street trees and/or the replacement of damaged or removed trees on Town property. §280-129. Objectives. C. Landscaping and screening: that all parking, service and similar areas are screened at all seasons of the year from view of adjacent residential districts and streets and that the landscaping of the site complements the intended use. Existing trees of at least six inches or more in diameter measured three feet above the base of the trunk shall be retained to the maximum extent possible. (1) Tree fee. Southold Town Board Meeting 30 November 18, 2014 (a) Upon the request of an applicant, if the Planning Board makes a finding pursuant to this Chapter that the proposed site plan presents a proper case for requiring trees to be planted for screening, landscqping puKposes, but that a suitable location for said plantings does not exist, or it is otherwise impracticable, the Planning Board mU permit the applicant to pay a sum of money in lieu thereof. The fee shall be as follows: (i) Not less than Three Hundred Fifty Dollars ($350.00), nor more than Seven Hundred Fifty Dollars ($750.00) per tree, based on caliper, that would have been required for screening or landscaping pulposes. (b) Timing of fee payment. The fee shall be paid prior to any site plan qpproval. (c) The fee shall be deposited into the FiduciaTy Fund and used by the Southold Town Tree Committee exclusively for the planting of new street trees and/or the replacement of damaged or removed trees on Town property. 111. 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 immediately upon filing with the Secretary of State as provided by law. -1 Vote Record-Resolution RES-2014-917 0 Adopted 0 Adopted as Amended ... ............................... 0 Defeated Yes/Aye No/Nay Abstain Absent • Tabled Robert Ghosio Seconder 0 El • Withdrawn James Dinizio Jr Voter 10 0 0 0 • Super-visor's Appt William P.Ruland Voter El Tax Receiver's Appt Jill Doherty Voter 0 • Rescinded Louisa P.Evans Mover lz 0 0 11 • Town Clerk's Appt Scott A.Russell VO • Supt H,-wys Appt ter • No Action • Lost Southold Town Board Meeting 31 November 18, 2014 .....................­­­ ...........................................I..............................I............................... ......... ............ ....................­.................... ......................................... 2014-918 CATEGORY. Legislation DEPARTMENT: Town Attorney LLITree Fund to SCPC&PB RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled"A Local Law in relation to Amendments to Chapter 240, Subdivision of Land, and Chapter 280, Zoning, in connection with a Tree Fund"to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. -'Vote Record-Resolution RES-2014-918 0 Adopted 0 Adopted as Amended .......................................................................................... .................................................................... ................................................................................................. .................................. 0 Defeated Yes/Aye No/Nay Abstain Absent • Tabled ........................................ ............................................. Robert Ghosio Mover 0 0 0 El • Withdrawn James Dinizio Jr Voter • Supervisor's Appt William P.Ruland Voter El El Tax Receiver's Appt Jill Doherty Voter RI 0 0 0 • Rescinded Louisa P.Evans I Seconder Rl 0 0 0 • Town Clerk's Appt • Supt Hgwys Appt Scott A.Russell Voter • No Action 0 Lost ..........­­__............. ............. ................................ ........... ....................................................................... ....................... .................................... ...................................................................... 2014-919 CATEGORY. Landfill Misc. DEPARTMENT Solid Waste Management District Woodchip Fees Be it RESOLVED by the Town Board of the Town of Southold that a tip fee of$30 per ton is hereby established for the disposal of woodchips at the Town Compost Facility in Cutchogue, effective December 1, 2014; and be it further RESOLVED that the price by volume for double-ground and screened woodchips sold by the Compost Facility is hereby established at $4/cubic yard, such price to remain in effect until further notice. V Vote Record-Resolution RES-2014-919 Abstain Absent 0 Adopted Yes/Aye No/Nay 0 Adopted as Amended Robert Ghosio Voter Rl 0 Defeated James Dinizio Jr Mover 21 El 0 El Southold Town Board Meeting 32 November 18, 2014 • Tabled William P.Roland Seconder'! 2 El 0 0 • Withdrawn Jill Doherty Voter 2 0 0 El Supervisor's Appt Louisa P.Evans Voter lZ 0 0 El • Tax Receiver's Appt Scott A.Russell Voter EI 0 El • Rescinded • Town Clerk's Appt • Supt Hgwys Appt • No Action 0 Lost Comment regarding resolution 919 COUNCILMAN DINZIO: The price for that was $8 and we are cutting the price to $4 because we have a lot of woodchips up there. 2014-920 CATEGORY.- Litigation DEPARTMENT. Town Attorney Retain Frank Isler, Special CounsellSvatovic V. TOS, Et AL RESOLVED that the Town Board of the Town of Southold hereby retains Frank A. Isler, Esq. as Special Counsel in the Supreme Court, Suffolk County civil action entitled"Zarko Svatovic v. Town of Southold, et al."under Index No. 14-22339. -'Vote Record-Resolution RES-2014-920 0 Adopted 0 Adopted as Amended 0 Defeated Yes/Aye No/Nay Abstain Absent • Tabled ................................................................. .................................................................................. Voter lz Robert Ghosio 0 El 0 • Withdrawn James Dinizio Jr Voter 171 0 0 El • Supervisor's Appt William P.Ruland Seconder: 10 0 0 0 • Tax Receiver's Appt Jill Doherty Mover RI 0 0 0 • Rescinded Louisa P.Evans Voter RI 0 El • Town Clerk's Appt • Supt Hgwys Appt Scott A.Russell Voter 0 El 0 • No Action • Lost 2014-921 CATEGORY. Einployment-Town DEPARTMENT. Accounting Southold Town Board Meeting 33 November 18, 2014 Appoint Barbara Turner to Tax Cashier RESOLVED that the Town Board of the Town of Southold hereby appoints Barbara Turner to the position of a Tax Cashier for the Tax Receivers' Office effective December 1, 2014, at a rate of$16.93 per hour. -'Vote Record-Resolution RES-2014-921 0 Adopted 0 Adopted as Amended .............. .................................................. ....................................... .................... ............ ............- .................. ............. 0 Defeated Yes/Aye No/Nay Abstain Absent • Tabled .............. ................................................ .......... Robert Ghosio Voter Rl 0 0 • Withdrawn James Dinizio Jr Voter • Supervisor's Appt William P.Ruland Mover El 0 0 0 • Tax Receiver's Appt Jill Doherty Voter 0 0 • Rescinded Louisa P.Evans I Secondefl: 0 • Town Clerk's Appt • Supt Hgwys Appt Scott A.Russell Voter Ef 0 0 0 0 No Action 0 Lost ................. ..................................... ......................................................... ..................... ........................ .......................................................................... ............................................ ...............................................- 2014-922 CA TE G OR Y. Budget Modification DEPARTMENT. Accounting Budget Modification for Assessors Financial Impact: Provide appropriationfor Peconic Landing appraisal RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 Assessors budget in the General Fund Whole Town as follows: From: A.1355.4.500.100 Legal Counsel $2,500 Totals $2,500 To: A.1355.4.500.200 Appraisals $2,500 Totals $2,500 Vote Record-Resolution RES-2014-922 0 Adopted Yes/Aye No/Nay Abstain Absent • Adopted as Amended Robert Ghosio Seconder z 11 0 El • Defeated James Dinizic,Jr Voter • Tabled William P.Ruland Voter 2 0 0 0 • Withdrawn • Supervisor's Appt Jill Doherty Voter 10 El 1:1 0 Southold Town Board Meeting 34 November 18, 2014 • Tax Receiver's Appt Louisa P.Evans Mover 0 • Rescinded Scott A.Russell Voter 21 El El 0 • Town Clerk's Appt • Supt Hgwys Appt El No Action 0 Lost ............... ................................................ ................................... ............ ..................... .............................................. .................................................. .................... .............. 2014-923 CATEGORY. Enact Local Law DEPARTMENT.- Town Clerk Enact LLITime Linfits on Variances WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 21" day of October, 2014, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law on the 18'h day of November,2014, at 4:32 p.m. at which time all interested persons were given an opportunity to be heard, now there for be it. RESOLVED that the Town Board of the Town of Southold hereby ENACT the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances" reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. The Town Board of the Town of Southold has determined that variances which are not acted upon within a reasonable time may become stale and incompatible with the surrounding community due to changed conditions. Therefore, the Town Board, upon the recommendation of the Board of Appeals, in order to protect the health, safety and welfare of the community, requires that variances have a limited duration of three (3) years, with the possibility of three (3) consecutive one (1) year extensions at the discretion of the Board of Appeals. 11. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: Southold Town Board Meeting 35 November 18, 2014 §280-146. Powers and duties. B. Variances: Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. Effective as of Januqry 1, 2015, any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision mqp has not been filed with the Suffolk County Clerk, within three (3) years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1) year terms. 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 immediately upon filing with the Secretary of State as provided by law. -/Vote Record-Resolution RES-2014-923 0 Adopted 0 Adopted as Amended 0 Defeated ........................ ......................................................................................-............. ............ ............... .................... ..................I.............................. ................... Yes/Aye No/Nay Abstain Absent 0 Tabled ...................................................................... ............................................................... 0 Withdrawn Robert Ghosio Voter 1 0 El • Supervisor's Appt James Dinizio Jr Voter 0 0 0 0 • Tax Receiver's Appt William P.Ruland Seconder. 10 0 0 0 • Rescinded Jill Doherty Voter lZ 0 0 • Town Clerk's Appt Louisa P.Evans Mover Rl 0 0 El • Supt Hgwys Appt Scott A.Russell Voter • No Action Lost Next:12/2/14 7:30 PM ............. ............. .............................................. 2014-924 CATEGORY.- Employment-Town DEPARTMENT. Accounting Appoint Police Officers RESOLVED that the Town Board of the Town of Southold hereby appoints Jacob Bol4den, Southold Town Board Meeting 36 November 18, 2014 Robert Haase Jr.,John Hinton,Michael Sirico and Garrett Lake effective November 24, 2014 and Tara Tandy and Samuel Nitsch effective at the start of the Suffolk County Police Academy and Alex Chenche at a date to be determined to the position of Police Officer for the Southold Town Police Department. V Vote Record-Resolution RES-2014-924 21 Adopted • Adopted as Amended .............. ............................... .......................................... ......................-.1.1.......................... ............. .................................... • Defeated Yes/Aye No/Nay Abstain Absent 0 Tabled ..................................................................... ------- ...................................... Robert Ghosio Mover i lz 0 0 11 • Withdrawn James Dinizio Jr Voter Rl 0 1-1 0 • Supervisor's Appt William P.Ruland Seconder. R1 El 0 El • Tax Receiver's Appt Jill Doherty Voter El El Rescinded Louisa P.Evans Voter El Town Clerk's Appt • Supt Hgwys Appt Scott A.Russell Voter Rl 0 El 0 • No Action 0 Lost Comment regarding resolution 924 COUNCILMAN DINIZIO: I would just like to say, this has been a long time coming and I sat in on the interviews for all, I think there were I I candidates and honestly, there are no finer people in Southold Town than these candidates. They were all impeccable and all fully qualified to hold the title police officer in Southold Town and I look forward to the help that these new candidates are going to give us and also maybe a little relief to the officers that work so hard in the summer for us. VI. Public Hearings Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 5:16 PM in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell PH 11/18/14 LL/Time Limits on Variances This public hearing was closed at 5:35PM. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Robert Ghosio Southold Town Board Meeting 37 November 18, 2014 COUNCILMAN GHOSIO: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 21" day of October, 2014, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the h aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 18' day of November,2014, at 4:32 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 Time Limits on Variances" reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Time Limits on Variances". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold has determined that variances which are not acted upon within a reasonable time may become stale and incompatible with the surrounding community due to changed conditions. Therefore, the Town Board, upon the recommendation of the Board of Appeals, in order to protect the health, safety and welfare of the community, requires that variances have a limited duration of three (3) years, with the possibility of three (3) consecutive one (1) year extensions at the discretion of the Board of Appeals. 11. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-146. Powers and duties. B. Variances: Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations,the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. Effective as of January 1, 2015, aLny variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk, within three (3) years from the date such variance was granted, unless the Board of Appeals, upon written request prior to the date of expiration, grants an extension not to exceed three (3) consecutive one (1) yea terms. Southold Town Board Meeting 38 November 18, 2014 111. 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 immediately upon filing with the Secretary of State as provided by law. I do have a signed affidavit that this has been posted on the Town Clerk's bulletin board. Also in the Suffolk Times. I do have a memorandum from the Planning Board with comments and that the Planning Board supports the proposed amendments. I also have one from mark Terry, the principal planner, concerning the SEQRA review and that it has been reviewed to chapter 130, Quality Review of the Southold Town code and it has been proposed as a Type 11 action and therefore is not subject to SEQRA review. I also have a comment here from the Local Waterfront Revitalization Program, that has concluded that this is exempt from LWRP. With that, I also have a letter here from the Suffolk County Department of Economic Development Planning that a decision of local determination, I am sorry, the Planning Commission has considered this to be a matter of local determination as there is no significant countywide or inter-community impacts. And that is it. Supervisor Russell SUPERVISOR RUSSELL: I am going to open to the floor, there is just one thing I want to mention to the Board, in reference to Bill Toedter's concerns, is the section here that says 'Three years from the date of such variance is granted unless the Board of Appeals, upon written request prior to the date of expiration' I would submit that we add 'upon date of their expiration and upon showing good cause' that would at least, I think indicate what the intent is there and that would provide some discretion to the ZBA. COUNCILMAN DINIZIO: I would disagree with that. I think that that would require another hearing quite honestly. I think we were trying to avoid that and leave some discretion up to the Board. We are going to start asking them to present evidence you know, each time they want an extension, you know, my own personal feeling is the public should be noticed and the public should have a say in you know, whatever the new evidence is. That's why I would respectfully disagree. TOWN ATTORNEY FINNEGAN: I think the discretion is implicit in the language unless they grant it and that is what was intended and during discussions was that ZBA, I mean, Leslie correct me if I am wrong but it was that the ZBA would have the discretion to grant or deny an extension. Leslie Weisman, Chairperson Zoning Board of Appeals LESLIE WEISMAN: Leslie Weisman, Chairperson Zoning Board of Appeals. Yes, in discussion in code committee, we did originally have that term included for good cause but it was fairly ambiguous to what good cause might be and we were attempting essentially to remove Southold Town Board Meeting 39 November 18, 2014 language that suggested vagueness. We did the same thing with substantial construction versus a CO, a CO is black and white. Either you have it or you don't. So in that regard, yes, there is an inference certainly that the Zoning Board would use its authority and its common sense and discretion implied within this as to whether or not something was reasonable request. The intent really was to be very generous here, far more generous with time frames than most other municipalities offer to people who get approvals for things that the code does not pen-nit. All of our Town Board's that grant approvals, the Planning Board, the Building Department, the Trustees, all have time frames, generally within a year to 18 months to accomplish whatever those approvals were, with some right for extension. We now have proposed unanimously as a Board of Appeals a three year time frame because construction can be interrupted, it is costly, things can happen and with all due respect to property owners and their rights, we recommend a fairly large time frame, with again renewals that can be up to three years. After six years, if an action is not accomplished then the expectation ther'e is that it is timely for us to protect the welfare of the entire community in addition to the rights of property owners and at that time, we would respectfully request that another review take place because the circumstances may well have changed over a six year period. And in a nutshell, that is what all other municipalities are doing. SUPERVISOR RUSSELL: Just a clarification for all, I am certainly willing to go along with Jim's position on this but there is nothing in this code right now that specifies you have discretion it appears to be nothing more than a prescription for renewal. And if that is what we intend, that's fine. I am okay with that but I don't think there is anything implicit here Martin, it is rather rote approval, simply asking for it prior to the expiration. Anything else would be (inaudible) and that is fine, your point is well taken. MS. WEISMAN: We originally submitted it that way because most other municipalities describe approvals and renewals that way. SUPERVISOR RUSSELL: That's fine. MS. WEISMAN: So it was a familiar language. Our Board is willing to do whatever the Town Board feels is appropriate. Our concem was stale variances that then run contrary to what the Trustees would grant. I mean, we have had applications come in that were 20 and 30 years old, that had never been acted on. We had no environmental science at the time and then meanwhile, you have a bluff blow out and someone is putting a swimming pool 30 feet from the edge of a bluff because that variance ran in perpetuity and the Trustees hands are tied. The same happens with the Planning Board when site plan is required to be approved on a commercial project and we have one that came in not terribly long ago that was 28 years old. The Planning Board would never have been in a position today, you know, is really struggling with what they can do when in fact they really can't use their contemporary standards for site plan approval on this particular site. So that is why the Board of Appeals respectfully requests that the Town Board implement this proposal to limit variance relief. Benja Schwartz BENJA SCHWARTZ: Scott? Southold Town Board Meeting 40 November 18, 2014 SUPERVISOR RUSSELL: Yes? MR. SCHWARTZ: Could you just reiterate what you suggested? The language that you had suggested. SUPERVISOR RUSSELL: What I had added after, upon requests and written approval by the ZBA that upon showing of good cause. It's not, yes, does it leave for a lot of discretion? Absolutely. I think you want Board's to show some discretion. However, Jim raised a point and it is a fair point, I am willing to go along with Jim's position on it. MR. SCHWARTZ: Well, there is another alternative you might consider which would be to put the burden of showing good cause on the ZBA who has nothing but time to, but in the event that there was good cause not to renew the variance, to insert into the legislation that the ZBA could approve or upon showing of good cause deny the extension, request for the extensions. I think that would protect the public and the homeowners and if the extension was denied, the homeowner could always apply for a new variance. Six years is a long time. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? Motion To: Motion to Incorporate PH Comments RESOLVED the Southold Town Board hereby incorporates the earlier comments made by William Toedter at the opening of this Town Board Meeting @4:3OPM into the Public Hearing on"Local Law in Relation to Amendments to Chapter 280, Zoning in Connection with Time Limits on Variances"held at 5:16PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Town Attorney Martin D. Finnegan TOWN ATTORNEY FINNEGAN: Can somebody make a motion to incorporate the earlier comments into the public hearing? BILL TOEDTER: Bill Toedter, Southold. I just wanted to comment on the proposed change on the time limits of variances. It is a welcome change but I also hope that it will be spelled out that... JUSTICE EVANS: You might want to wait until we have the public hearing and then your remarks get put in the public hearing. SUPERVISOR RUSSELL: You are welcome to speak now. Either way is fine. MR. TOEDTER: Just to keep in mind that in keeping with what other towns are doing, the three year extension periods afterwards are really meant to be for the town's protection and not the applicants protection. So they should not be considered automatic, so that as changes occur in the community and the neighborhood and the town codes, the intent of these in other Southold Town Board Meeting 41 November 18, 2014 neighborhoods is for the applicant to come up and if those changes effect the application, for the applicant to go back and make the required changes. So,*it's not quite spelled out here but I am pretty sure that's what the intent is on this one, to take that out. SUPERVISOR RUSSELL: I appreciate that, Bill. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Can I get a motion to close the hearing? Closing Comnments Supervisor Russell SUPERVISOR RUSSELL: That completes the business of the agenda. I would invite anybody that would like to address the Town Board on any issue to please feel free? Chief of Police Martin Flatley POLICE CHIEF MARTIN FLATLEY: I would just like to take the opportunity very quickly, to thank all the members of the Town Board for their patience with both myself and the civil service hiring process to get through the hiring of these 8 new officers. If you recall, it started back in March of 2014 where we called for the list and it's a long process and it culminated today in the hiring of 8 new officers who are sorely needed by our department. I realize that you had some very tough decisions to make to come up with the funding for the officers but I am very confident that you made the right decision and I thank you all for your support. SUPERVISOR RUSSELL: Thank you, Chief. I think it has to be said right now that we literally just hired officers who were bom around the time that I took office in town government. Either I am too old, I have been here too long or a little bit of both. I would invite anybody that would like to address the Town Board on any issue? Please feel free. Benja Schwartz BENJA SCHWARTZ: Good evening, Benja Schwartz, Cutchogue. I guess I am wondering if the Town Board has any words of wisdom to reassure many citizens that are concerned with the deal that was made between the Town Board, the Planning Board and the developers proposing to develop the 130 condominium single and separate buildings as condominiums on 47, 48 acres approximately on the outskirts of the hamlet of Cutchogue business center. This is a huge concern to people who understand the environmental ramifications of such a project and the confusion when the legislation, it appears that the legislation which some members of this Board were involved with adopting, it was passed 5 years or so ago or was it, in 2009 about 5 years ago and that was a very public process. We had a lot of public input. And it appears that this deal that was made and developed during executive sessions basically backtracked on all those public discussions and legislation and said we are not going to apply that legislation to this project or is that... SUPERVISOR RUSSELL: I would disagree. First of all, there are two separate issues here. Number one, is the Town Board did not adopt anything that approves that application. We simply agreed to hold the litigation in abeyance so that they can go through the process. They Southold Town Board Meeting 42 November 18, 2014 still have to go to the Planning Board, they still have to submit themselves to environmental impact statements and everything else. That hasn't changed. That is still a very public process. With regard to our legislation, the code amendments that we made a few years ago, we believe the intent of the developer is to honor most of what our intent was in passing that, passing those changes to the code. Open space requirements that did not exist before. Cluster development now which was not there before. All those things, larger setbacks. All of the things, all of the concerns that were raised when the applications came in, we tried to mitigate through the amendments to the code. We think that is good enough. MR. SCHWARTZ: Didn't the original legislation require an average unit size, maximum... SUPERVISOR RUSSELL: Yes. MR. SCHWARTZ: 1,200 and the settlement now states 2,000. SUPERVISOR RUSSELL: I think the... MR. SCHWARTZ: Seems to be a big jump,the 1,200 to the 2,000. SUPERVISOR RUSSELL: The amendments to the code required that some of the units be held at 1,200. 1 think if you look at the overall square footage for all of the units now, I think it is going to meet those requirements but again, I am going to go back and say, this is a public process, all these concerns need to be taken to the Planning Board now. I don't want to discuss the specifies of the agreement, I want to discuss an application that is fresh, it is coming before the Planning Board and any concerns, any issues the public wants to raise, they really need to go and raise those with the Planning Board. MR. SCHWARTZ: We certainly will. But the Planning Board will be constricted by the application process revised as pursuant to the agreement that was made in executive sessions and meetings with the developer that the public was not involved in. I don't see how you can get around that. How can you deny, are you denying that? Are you saying the public was involved in the settlement? SUPERVISOR RUSSELL: No, the public will be involved in the application as it moves forward through the Planning Board. The settlement was litigation that public is not involved in litigation matters. But the public can be and should be involved in the application as it goes before the Planning Board now. MR. SCHWARTZ: Well, when a litigation is settled by an agreement between the parties... SUPERVISOR RUSSELL: Litigation was... MR. SCHWARTZ: But there was no litigation. The matter was not litigated. Southold Town Board Meeting 43 November 18, 2014 SUPERVISOR RUSSELL: The litigation isn't settled, it is held in abeyance so that the application can go forward. MR. SCHWARTZ: Well, I think the litigation is held in abeyance on certain conditions which reduce the ability of the town to evaluate and to determine the suitability of such intense residential development on a farm, prior property that used to be farmed that is located in the epicenter of the aquifer system of the north fork. The settlement makes such provision as to bind the town, to prevent the town from requiring any kind of or septic treatment. It agrees to allow the developer just to dispose of the septic without any treatment, is that not correct? SUPERVISOR RUSSELL: No, what it does is the responsibility of oversight for the septic system rests with the Suffolk County Department of Health. That is the process. It has always been the process and when this application comes in, this will be the process. The Suffolk County Department of Health will need to speak to the issues of septic flow. MR. SCHWARTZ: And doesn't the town have some kind of influence on the Department of Health? SUPERVISOR RUSSELL: I wish we did. MR. SCHWARTZ: But legally you do, the Department of Health is receptive to whatever opinions the town has but now the opinion of the town has been predetermined in a closed door meeting... TOWN ATTORNEY FINNEGAN: Benja, all that's been predetermined and nothing has been predetermined, has been a concept plan that has been agreed to, as the Supervisor said, to a full vetting by the Planning Board, not only by the site plan process but through the SEQRA review process. Numerous changes could be made to that concept plan before a final map is ever developed. The concept came out of and is consistent with the Planning Board and the Town Board felt with the code and most of the intent of what was there and what was in the best interest of the town. This is developable land. It is not vacant land. The person who owns it has the right to do something there. Either we were going to try to work towards a compromise or live with what a court could dictate what could happen there, which could have been far worse we believe than the concept that was proposed. So that's all that is pending right now. That's all the agreement says. Yes, it speaks to septic and puts limits on, it actually gives the applicant an out were we to require a more, different type of sewage treatment other than individual septic. So they don't have to agree to it. They might choose someday not to develop this because of decisions the town may make as a result of the process. So the Planning Board process, the site plan process make go through and if the developer decides they don't want to do it, they don't agree with it, they are out and we are back in court litigating the case. It is the same thing with the SEQRA process, so there is not one word in the settlement agreement which dictates an approval by the town, all subject to review. And if it fails, then we go back to court. That's it. Southold Town Board Meeting 44 November 18, 2014 MR. SCHWARTZ: I understand what you are saying, however, your, what your statement is self-contradictory. On the one hand, you are saying they have a right to develop on the other hand you are saying we can make a decision as to whether or not they have a right... TOWN ATTORNEY FINNEGAN: No, no. They can develop, if they don't agree with the conditions that are set on the site plan. I am not saying they can't do anything, I don't think we can say that ultimately. MR. SCHWARTZ: Okay but as an attorney, a legal right to develop is usually referring to properties like a single family residential where all they have to do is submit a building plan that complies with the requirements and then they can develop. Whereas in this case, they have to go through more.... TOWN ATTORNEY FINNEGAN: Outside plan process.. MR. SCHWARTZ: Site plan process which gives discretion to the town which has been restricted and limited by this agreement although it may be true as you seem to believe that it is, that the town does not have to comply with the settlement and in that case, we'll end up right back in court. With all due respect, we would not be in the same position in the court after having entered into a settlement agreement and it made an agreement with the developer and then going back on that agreement. I would not think a judge would look kindly upon that kind of thing. SUPERVISOR RUSSELL: any underlying litigation, liability here rests with both parties. If we are not in a better position, neither is the applicant who is looking for much, much more than what this concept would propose. But like I said, any of your concerns with regard to septic flow anything else, you should bring to the Planning Board as part of their deliberative process. MR. SCHWARTZ: I certainly will but I hope you appreciate the concerns we have with the action that was taken by the Town Board although I notice that a couple of members of the Town Board have already left the meeting and gone home, so I will say goodnight too. Supervisor Russell SUPERVISOR RUSSELL: 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 5:39P.M. 07 Eliz eth A. Neville Southold Town Clerk Southold Town Board Meeting 45 November 18, 2014 RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:James Dinizio Jr, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell