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Home My WebLink AboutTB-12/16/2014ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER ��O��gUFFO(�-cOGy 0 y x W ' a OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING December 16, 2014 4:30 PM Town Hall, 53095 Main Road PO Box 1179 - Southold, NY 11971. Fax (631) 765-6145 Telephone: (631) 765 - 1800 s outhol dtown.northfork.net A Regular Meeting of the Southold Town Board was held Tuesday, December 16, 2014 at the Meeting Hall, Southold, NY. Call to Order 4:30 PM Meeting called to order on December 16, 2014 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization ' 3 Title: Status Arrived Robert Ghoso Town of Southold Councilman ! Present � James Dinizio Jr Town of Southold Councilman F Present T William P Ruland sTown of Southold Councilman Present -- Jill Doherty ' Town of Southold Councilwoman Present Louisa P. Evans Town of Southold ;Justice ;Present Scott A Russell Town of Southold _.y.. ; Supervisor Present .. . ,..._.._ Elizabeth A. Neville Town of SouthoIdd Town Clerk Present Martin D. Finnegan Town of Southold Town Attorney ' Present I. Reports 1. Budget Report 2. Budget Report 3. Department of Solid Waste Monthly Reports 4. Special Projects Coordinator Monthly Report 5. Building Department Monthly Report 6. Trustess Monthly Report 7. ZBA Monthly Report . 1 e Southold Town Board Meeting December 16, 2014 S. Judge Evans Monthly Report 9. . Judge Evans Monthly Report 10. Judge Price Monthly Report 11. Judge Price Monthly Report 12. Judge Bruer Monthly Report 1. IGA - Claim Lag Report 13. Planning Board Monthly Report 14. Program for the Disabled Monthly Report 15. Town Clerk Monthly Report II. Public Notices III. Communications IV. Discussion 1. 9:00 Am - Vincent Orlando 2. 9:15 Am - Councilman Ghosio 3. 9:30 Am - Anti -Bias Task Force 4. 9:45 Am - Phillip Beltz 5. 10:00 Am - Eileen McFetridge 2 6. 10:15 Am - Jim Bunchuck 7. LL/Amendments to Chapter 280 - Tree Fund (PH) 8. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 10:46 AM for the purpose of discussing the following matters: 11:00 AM Melissa Spiro & Tim Coffey Proposed Property Acquisition(S), Publicity of Which Would Substantially Affect the Value Thereof Southold Town Board Meeting December 16, 2014 Labor - Matters Involving Employment of Particular Person/S -Appointed board policies and procedures Litigation - Szatovic v. Town of Southold, et al RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Robert Ghosio, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 9. EXECUTIVE SESSION - Proposed Property Acquisition(S), Publicity of Which Would Substantially Affect the Value Thereof 10. EXECUTIVE SESSION - Labor - Matters Involving Employment of Particular Person/S 11. EXECUTIVE SESSION - Litigation 12. Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 12:40PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: James Dinizio Jr, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 13. 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 until the Regular 4:30 PM/ Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Pledge to the Flay 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 Opening Comments Supervisor Scott A. Russell Southold Town Board Meeting 4 December 16, 2014 SUPERVISOR RUSSELL: Please rise for the Pledge of Allegiance. Thank you. Alright, I am going to invite anybody that would. like to address the Town Board of any of the agenda items to please feel free. (No response) We will get some work done. If you have comments regarding any issue, we will hear you after that. V. Resolutions 2014-952 CATEGORY. • Audit DEPARTMENT. Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated December 16, 2014. ✓ Vote Record - Resolution RES -2014-952 ✓ Vote Record - Resolution RES -2014-953 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended • Defeated ❑ Tabled Robert Ghosio Seconder: . 0 ❑ ❑ ❑ ❑Withdrawn James Dinizio Jr Voter 0 0 ❑ ❑ ❑Supervisor's Appt William P. Ruland Voter 0 ❑ ❑ ❑ ❑Tax Receiver's Appt ❑Rescinded Jill Doherty Voter 0 ❑ ❑ 0 ❑ Town Clerk's Appt Louisa P. Evans Mover 0 ❑ ❑ ❑ O Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-953 CATEGORY.- Set Meeting DEPARTMENT.- Town Clerk Next Town Board Meeting RESOLVED that the next Organizational Town Board Meeting of the Southold Town Board be held, Tuesday, January 6, 2015 at the Southold Town Hall, Southold, New York at 11:00 A. N1. ✓ Vote Record - Resolution RES -2014-953 0 Adopted ......... . ...._. ........ Yes/Aye No/Nay Abstain _ Absent ❑ Adopted as Amended ❑Defeated Robert Ghosio Seconder. 0 ❑ ❑ ❑ 11 Tabled James Dinizio Jr Voter 0 ❑ El 11 Withdrawn William P. Ruland ' Voter 2 ❑ ❑ ❑ Southold Town Board Meeting December 16, 2014 5 ❑ Supervisor's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P. Evans Mover Q ❑ ❑ ❑ ❑ Rescinded Scott A. Russell Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-954 CATEGORY. • Set Meeting DEPARTMENT.- Town Clerk Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday. January 6. 2015 at the Southold ✓ Vote Record -Resolution RES -2014-954 Q Adopted No/Nay ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio ❑ Withdrawn James Dinizio Jr ❑ Supervisor's Appt William P. Ruland ❑ Tax Receiver's Appt Jill Doherty ❑ Rescinded Louisa P. Evans ❑ Town Clerk's Appt Scott A. Russell ❑ Supt Hgwys Appt ❑ No Action ❑ ❑ Lost Q 2014-955 CATEGORY: Surplus Equipment DEPARTMENT. Accounting Declare 1999 Plymouth Voyager Surplus Equipment Financial Impact: This vehicle is off the road and is ready for disposal [all. Southold. New York at 4:3U Jr. M. RESOLVED that the Town Board of the Town of Southold hereby declares the following equipment to be surplus equipment: Yes/Aye No/Nay Abstain Absent .... Seconder: _..._....._........................ _.....:......... Q _................................... ❑ ;..................... _........ _....... ......... ❑ ...... ................. _........ ❑ Voter Q ❑ ❑ ❑ Voter Q ❑ ❑ ❑ Voter Q ❑ ❑ ❑ Mover -....... Q ❑ ❑ ❑ Voter Q _ ❑ _ _ ❑_..._..... ❑ _ RESOLVED that the Town Board of the Town of Southold hereby declares the following equipment to be surplus equipment: Southold Town Board Meeting December 16, 2014 I Asset No. 2446,1999 Plymouth Voyager, VIN #2P4GP25R9XR299173, Tag 1310 located at Police Headquarters Be it further RESOLVED that the Town Board authorizes and directs the Town Clerk to advertise for the sale of same for a price not less than $500.00. Vote Record - Resolution RES -2014-955 0 Adopted ............... ................:._...... _.._.................................................... -_...... -_----....... ............................ .......................... _.._._..__._.._. Yes/Aye ................. _..... ..:_.............. No/Nay ......_._..- - Abstain .................... Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Voter ............. 0 ..................... - ........... _.......... ❑ .......... - ❑ ..................... -...._...... ❑ ❑ Withdrawn James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑Supervisor's Appt William P. Ruland Seconder 0 ❑ ❑ ❑ [I Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑Rescinded Louisa P. Evans Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Town Clerk's Appt ❑ Lost 2014-956 CATEGORY: DEPARTMENT. - Budget Modification Accounting Budget Modification for General Fund Part Town Financial Impact: Provide appropriation for medical insurance for new employee RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 General Fund Part Town budget as follows: From B.1990.4.100.100 Unallocated Contingencies $15,900 To: B.9901.9.000.000 Transfers to Health Plan $15,900 ✓ Vote Record - Resolution RES -2014-956 Rl Adopted _. ............... ............_......._................_.................. ......................................................... ....._...._....... Yes/Aye -----...................... ..._.......__..._._ No/Nay ............... _.... .._.. Abstain .................................. ._..... Absent ❑ Adopted as Amended........... Robert Ghosio Voter ..,.............. 0 ...... ❑ ........ .................... ❑ ❑ ❑ Defeated James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P. Ruland Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Mover 0 ❑ ❑ ❑ ❑Supervisor's Appt Louisa P. Evans Voter 0 ❑ ❑ ❑ 11 Tax Receiver's Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑Rescinded ❑ Town Clerk's Appt Southold Town Board Meeting 7 December 16, 2014 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-957 CATEGORY.• DEPARTLUENT. Contracts, Lease & Agreements Town Attorney Agreement W/Johnson Electrical Construction Corp. 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 Johnson Electrical Construction Corp. in connection with traffic light repairs and maintenance along County Route 48, at a cost of $725.00 per month plus an additional $5.50 per bulb fee, for a one year term, effective January 1, 2015, subject to the approval of the Town Attorney. Vote Record - Resolution RES -2014-957 0 Adopted ....................... .................................................._............ _............... ...:.......:........... _......................... ............................. _._.... Yes/Aye ....... _..__........................... _.......................... No/Nay ... ...................... Abstain ..................I.............. Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio ........................................ Voter _... _ D ...-- ...... _................. ❑ .... _._._._.......................... ❑ _._....._ ................ ❑ ❑ Withdrawn James Dinizio Jr Voter Rl ❑ ❑ ❑ ❑Supervisor's Appt William P. Ruland Mover D ❑ ❑ ❑ ❑Tax Receiver's Appt Jill Doherty Voter ❑ ❑ ❑ ❑ Rescinded Louisa P. Evans Seconder R1 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A. Russell Voter D ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-958 CATEGORY. Contracts, Lease & Agreements DEPARTMENT. Town Attorney Change Order #1 W/Concrete Plus Inc. - Highway Handicapped Entrance Project RESOLVED that the Town Board of the Town of Southold hereby approves Change Order #1 to the Town of Southold Highway Handicapped Entrance Project Agreement with Concrete Plus Inc. in an amount not to exceed $3,000.00, pursuant to their invoice dated November 6, 2014, subject to the approval of the Town Attorney and Town Engineer. Southold Town Board Meeting 8 December 16, 2014 ✓ Vote Record - Resolution RES -2014-958 $2,850 Q Adopted ................. .............. _..._.................... ......_......_._..... ....._................_.....:. __ .. .. ...................._............................................,.... Yes/Aye ........................ No/Nay ...................................... Abstain .............................. Absent ❑ Adopted as Amended ❑ Defeated ❑Tabled Robert Ghosio Seconder Q .................._._<....... ❑ ................... ..:.._.: ❑ ......................... ❑ ❑ Withdrawn James Dinizio Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt William P. Ruland Voter Q ❑ ❑ ❑ [I Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Louisa P. Evans Mover Q ❑ ❑ ❑ ❑Town Clerk's Appt Scott A. Russell Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action El ❑ 0 ❑ ❑ Lost 2014-959 CATEGORY: DEPARTMENT. Budget Modification Accounting Budget Modification for Tax Receiver Financial Impact: Provide appropriations for overtime, tax bill postage, tax rate sheets and receipt sheets RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 General Fund Whole Town budget as follows: From: A.1330.1.300.100 Seasonal Employees, Regular Earnings $1,000 A.9010.8.000.000 ERS Retirement 1,850 Total $2,850 To: A.1330.1.300.200 Seasonal Employees, Overtime Earnings $1,000 A. 1330.4.100.100 Office Supplies & Stationary 350 A.1330.4.600.400 Tax Bill Postage 1,500 Total $2,850 ✓ Vote Record - Resolution RES -2014-959 Q Adopted .......................__.._...:.._._......... ..._....... _.... _.... ............................... ,_......,.................._.................................... ............ Yes/Aye _... ._._.............. ....................................... No/Nay = ................._...... Abstain ...... Absent ❑ Adopted as Amended Robert Ghosio Voter _..._ ............._'._........_.._ Q ................. ._... _.__.._.................... ❑ _........ _ ❑ .._................... --_... ❑ ❑ Defeated .lames Dinizio Jr 1 Mover Q —._.— ❑ ❑ ❑ ❑ Tabled William P. Ruland Voter Q El ❑ ❑ El Withdrawn Jill Doherty Seconder Q ❑ ❑ El ❑ Supervisor's Appt ❑ Tax Receiver's Appt Louisa P. Evans Voter Q ❑ ❑ ❑ ❑ Rescinded Scott A. Russell Voter El ❑ 0 ❑ Southold Town Board Meeting December 16, 2014 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-960 CATEGORY: DEPARTMENT. Contracts, Lease & Agreements Town Attorney Contract C-011659 WINYSAg & Markets -State's Reimbursement Dike Project 0J RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute Contract #C-011659 between the Town of Southold and the New York State Department of Agriculture and Markets relating to the State's reimbursement of 25% of the cost of the Dike Rehabilitation Project in the sum of $389,079.00, suhiect to the annroval of the Town Attornev. ✓ Vote Record - Resolution RES -2014-960 0 Adopted - ............. ................... ...... ................. ...._.......... _......... _..... _.......... ---...._,.............................................. .... Yes/Aye --.................._..-.... No/Nay -- -- Abstain .........._..._......._....... Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Voter .................. 0 :_._.._....... _................ :..._..-... El __........_ _....W ..... ....... .. _._ ... ................. ..... _. ._..,.. El El Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑Supervisor's Appt William P. Ruland Seconder 0 11❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover El ❑ ❑ ❑ ❑ Rescinded Louisa P. Evans Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-961 CATEGORY. Budget Modification DEPARTMENT. Information Technology I.T. Budget Modification Financial Impact: Intra -department budget modification. RESOLVED that the Town Board of the Town of Southold hereby modifies the Informational Technologies 2014 budget in the General Fund Whole Town as follows: Southold Town Board Meeting December 16, 2014 From: A.1680.4.100.200 To: PC Parts and -Supplies $1,050 10 A.1680.1.100.200 Uvertlme Earnings $1,0JU Adopted ✓ Vote Record - Resolution RES -2014-961 No/Nay Abstain Absent ❑ Adopted as Amended P Robert Ghosio Q Adopted ............. ..........................:_..a__._...__.................. ❑ .............. ❑ Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio ._......__ Voter ..............................._._ D ----................................. ❑ ;............................ ----- ❑ - ........ ... _...... ❑ ❑ Withdrawn James Dinizio Jr Voter ❑ ❑ ❑ ❑Supervisor's Appt William P. Ruland Mover 0 El ❑ ❑Tax Receiver's Appt Jill Doherty Louisa P. Evans Voter Seconder RI ❑ ❑ El ❑ -- ❑ ❑ ....... ❑Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Scott A. Russell Voter Rl ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-962 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Accounting Financial Impact: Provide appropriation for overtime payment RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 Accounting & Finance Department budget in the General Fund Whole Town as follows: From: A.1310.2.200.500 Document Folder/Sealer $1,224 A.1310.4.400.600 Equipment Maintenance/Repairs 136 Total $1,360 To: A. 1310.1.100.200 Overtime Earnings $1,360 Total $1.360 ✓ Vote Record - Resolution RES -2014-962 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended P Robert Ghosio Seconder: 0 ............. ..........................:_..a__._...__.................. ❑ .............. ❑ ;........ .......... ._.:.:...:-- ❑ ❑ Defeated .lames Dinizio Jr Voter ❑ ❑ ❑ ❑ 11 Tabled William P. Ruland Voter D ❑ ❑ ❑ Southold Town Board Meeting December 16, 2014 11 ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P. Evans Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-963 CATEGORY. Budget Modification DEPARTMENT. Accounting Budget Modification for Employee Health Plan Financial Impact: Addiitonal appropriation needed for Medicare reimbursements for IRMMA adjustments RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 Employee Health Plan budget as follows: From: MS.1910.4.000.000 Insurance, C.E. $2,500 To: MS. 1989.4.000.000 Medicare Reimbursement $2,500 ✓ Vote Record - Resolution RES -2014-963 0 Adopted ................._._._.__._......................... ....................................._. .... :--._..__._..._............................................... __.-.._._..__ Yes/Aye .................................. No/Nay .............. ................. __._._........ Abstain _................. ............... Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio .....:.. Mover - ......... 0 .... ❑ ., ................... ❑ ....... :_...... ❑ ❑ Withdrawn James Dinizio Jr Voter 0 El ❑ ❑Supervisor's Appt William P. Roland Voter D ❑ ❑ ❑ ❑Tax Receiver's Appt Jill Doherty Voter D ❑ ❑ ❑ ❑ Rescinded Louisa P. Evans Seconder 0 El ❑ El Town Clerk's Appt ElSupt Hgwys Appt Scott A. Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-964 Southold Town Board Meeting December 16, 2014 CATEGORY. Employment - FIFD DEPARTMENT. Accounting Appoint William Wendland III PT Deckhand 12 RESOLVED that the Town, Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted December 8, 2014 that appointed William Wendlnnd_ TTT to the nosition of nart time deckhand. ✓ Vote Record - Resolution RES -2014-964 Z Adopted ._ . ..................... .... .............. _................. ...:..._<.............. _. ............ _....... .__........................... .......................................... ' Yes/Aye ........_...__..................... . No/Nay .............................. - ............ Abstain .................... -.... ._.... Absent . ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio ......................................... Voter _..... 0 .... ....-... ........ _.... ............... ❑ .............. ................................ ❑ ............................... ❑ ❑ Withdrawn James Dinizio Jr Mover El ❑ ❑ ❑ ❑Supervisor's Appt William P. Ruland Voter El ❑ El 11 11 Tax Receiver's Appt Jill Doherty Seconder 0 El 11 El Rescinded Louisa P. Evans Voter Rl ❑ ❑ ❑ El Town Clerk's Appt ❑ Supt Hgwys Appt Scott A. Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost r7= I 2014-965 CATEGORY. DEPARTMENT. Budget Modification Police Dept Police Department -Budget Modification Financial Impact.• Transfer of funds for the purchase of updated electronics to replace those on the 1999 Worldcat RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 Whole Fund Town bud;;et as follows: From: A.3130.2.300.300 To: Bay Constable, Equipment Motor Vehicles, Boat Engines TOTAL $10,500 $10,500 Southold Town Board Meeting December 16, 2014 A.3130.2.500.200 Bay Constable, Equipment Comm. Equip., Radio Equip. $10,500 TOTAL $10,500 13 ✓ Vote Record - Resolution RES -2014-965 0 Adopted ............... ....................... ...................... T._._ ..... _._ .............. ...................._.,......._.................. Yes/Aye _...... _._.__.__._............................... No/Nay Abstain .........._..___.......-- Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Voter ...................... . D ............ ❑ ...._....... ❑ . .._..... ❑ ❑ Withdrawn James Dinizio Jr Voter 0 13 El ❑ ❑ Supervisor's Appt William P. Roland Seconder 0 ❑ ❑ ❑ ❑Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ El ❑ Rescinded Louisa P. Evans Voter 0 ❑ El ❑ El Town Clerk's Appt ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-966 CATEGORY: Budget Modification DEPARTMENT. • Fishers Island Ferry District 2014 FIFD Budget Modification Financial Impact: cover over expenditures RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated December 8, 2014, which amended the 2014 Fishers Island Ferry District budget. ✓ Vote Record - Resolution RES -2014-966 0 Adopted ----._ ............ ........ _........ __..................__._......,......................._.........,. _.._.................... _...— Yes/Aye ..._........................... ................. No/Nay ..........._...-._.. _.... Abstain .._............ -............ Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio .. Voter ......... ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter _ 0 ❑ El ❑ Supervisor's Appt William P. Ruland Mover 0 ❑ ❑ ❑ ❑Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Louisa P. Evans Seconder 0 ❑ ❑ ? ❑ ❑ Town Clerk's Appt ❑Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Meeting December 16, 2014 2014-967 CATEGORY.- Authorize to Bid DEPARTMENT. • Town Clerk Authorize to Bid for Server 14 Resolved that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to advertise for the purchase of one (1) Dell PowerEdge R270xd Server.for the RIO Laserfiche LGRMIF 2014-2015 Grant Award. ✓ Vote Record - Resolution RES -2014-967 D Adopted — Yes/Aye No/Nay Abstain Ab sent in ❑ Adopted as Amended _. .. .. _.. ❑Defeated Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio 1 Seconder Ef ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter D ❑ ❑ ❑ ❑Supervisor's Appt William P. Ruland Voter IZ ❑ El ❑ Tax Receiver's Appt Jill Doherty Voter [a❑ ❑ ❑ ❑Rescinded Louisa P. Evans Mover 0 ❑ ❑ ❑ ❑Town Clerk's Appt ❑ Supt Hgwys Appt Scott A. Russell Voter Rl ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-968 CATEGORY .- Employment - Town DEPARTMENT. Accounting Appoint Police Officers RFSOLVED that the Town Board of the.Town of Southold hereby amends resolution #2014- 924, adopted at the November 18, 2014 regular Town Board meeting as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints Jacob Bogden, 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, December 15, 2014 and Alex Chenche a4 a date to be dete,.,,.,in effective at the start of the Suffolk County Police Department, December 15, 2014 at a rate of $44,045.00 per annum to the position of Police Officer for the Southold Town Police Department. ✓ Vote Record - Resolution RES -2014-968 D Adopted — Yes/Aye No/Nay Abstain Ab sent in ❑ Adopted as Amended _. .. .. _.. ❑Defeated Robert Ghosio Mover D ❑ ❑ ❑ Southold Town Board Meeting 15 December 16, 2014 ❑ Tabled James Dinizio Jr Voter Q ❑ ❑ ❑ ❑ Withdrawn William P. Ruland Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P. Evans Seconder la ❑ ❑ ❑ ❑ Rescinded Scott A. Russell Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt ❑Tax Receiver's Appt Jill Doherty Seconder Q ❑ ❑ ❑ Supt Hgwys Appt ❑ Rescinded Louisa P. Evans Voter Q ❑ ❑ ❑ No Action ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Scott A. Russell Voter Q D ❑ Lost ❑ ❑ No Action 2014-969 CATEGORY: Employment Town DEPARTMENT.- Accounting Appoint Frank Macksel Mini Bus Driver RESOLVED that the Town Board of the Town of Southold hereby appoints Frank Macksel to the position of PartTime Mini Bus Driver for the Human Resource Center, effective, December 17, 2014, at a rate of $17.31 per hour. Vote Record - Resolution RES -2014-969 ' Q Adopted .....__.._. _.. .... ....... ........ ... _... Yes/Aye No/Nay >___:::. Abstain .......... Absent ❑ Adopted as Amended [I Defeated ❑ Tabled Robert Ghosio Voter Q ❑ ❑ ❑Withdrawn James Dinizio Jr i Mover Q ❑ ❑ ❑ ❑Supervisor's Appt William P. Roland Voter Q ❑ ❑ ❑ ❑Tax Receiver's Appt Jill Doherty Seconder Q ❑ ❑ ❑ ❑ Rescinded Louisa P. Evans Voter Q ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Scott A. Russell Voter Q D ❑ ❑ ❑ No Action ❑ Lost 2014-970 CATEGORY: Budget Modification DEPART11IENT: Public Works Animal Shelter Fence/DPW Financial Impact: Gift & Donation Southold Town Board Meeting 16 December 16, 2014 RESOLVED that the Town Board of the Town of Southold hereby increases the 2014 General Fund Whole Town budget as follows: Revenues: A.2705.40 Appropriations Gift & Donations $3,775 A.162U.4.4UU.2UU Property Maintenance & Repair 0 Adopted ✓ Vote Record -Resolution RES -2014-970 Yes/Aye No/Nay Abstain Absent 0 Adopted Robert Ghosio _ .. . _.._.,n... 0 Yes/Aye No/Nay ......... Abstain _ ............ Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled- ❑ Robert Ghosio ................... Voter ...._.:..._ .,_ 0 .. ..._.. ❑ _........... ❑ ............ ..... ❑ ❑ Withdrawn 11 James Dinizio.Jr 1 Voter ' 0 ❑ ❑ ❑ ❑ Supervisor's Appt ❑ William P. Ruland Seconder El ❑ ❑ ❑ ❑ Tax Receiver's Appt ❑ Jill Doherty Mover D ❑ ❑ ❑ ❑Rescinded ❑ Town Clerk's Appt Louisa P. Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys,Appt Scott A. Russell Voter El ❑ ❑ ❑ ❑ No Action • ❑ Lost 2014-971 CATEGORY. Employment - Town D.EPAR.TUPAIT, Accounting Amend Resolution No. 2014-946 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2014-946 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints Renee Harvey to the position of Part -Time Tax Cashier in the Tax Receiver's Office at a rate of $16.93 per hour, effective December 5. 2014. Position not to exceed 17.5 hours Der week. ✓ Vote Record -Resolution RES -2014-971 0 Adopted ............ ........ Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio _ Voter _.._.,n... 0 ......._ 0 _ _.,._ ❑ .... _ .._.., ._,. ❑ ❑ Defeated James Dinizio Jr Voter R ❑ ❑ ❑ ❑Tabled William P. Ruland Mover El ❑ 11 ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑Supervisor's Appt ❑ Tax Receiver's Appt Louisa P. Evans ' Seconder; 0 ❑ ❑ ❑ 0 Rescinded Scott A. Russell Voter 0 ❑ ❑ ❑ Southold Town Board Meeting December 16, 2014 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt . ❑ No Action ❑ Lost 17 2014-972 CATEGORY: Budget Modification DEPARTMENT. Engineering Budget Modification - Purchase Storage Containers Financial Impact: Budget transfer between two General Fund Whole Town lines. No financial impact. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 General Fund Whole Town budget as follows: From: A. 1440.4.600.600 Engineer, Dues & Subscriptions $6,000 To: A.1620.2.500.725 Buildings & Grounds, Equipment 2014-973 CA'T'EGORY: Refund DEPARTMENT: Town Attorney Authorize Refund to George HatzinikolaoullSt Time Homebuyer CPF Tax Exemption Ntorage Equipment s6,000 ✓ Vote Record - Resolution RES -2014-972 21 Adopted ........... ........ .. ......... . ,:,....:. Yes/Aye .._ _...:. No/Nay ......_ Abstain ....:._ ........... . Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio. Voter l✓7 ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter F ❑ 11 11 ❑Supervisor's Appt William P. Roland Seconder Rl ❑ ❑ ❑ ❑ Tax Receiver's Appt ❑ Rescinded Jill Doherty Voter D ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P. Evans Mover D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter 1 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-973 CA'T'EGORY: Refund DEPARTMENT: Town Attorney Authorize Refund to George HatzinikolaoullSt Time Homebuyer CPF Tax Exemption Southold Town Board Meeting 18 December 16, 2014 RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund (from Account #H3.1189.10) to George Hatzinikolaou from the Town of Southold in the amount of $1,800.00 in connection with his payment of the Community Preservation Fund tax on property in Southold (SCTM #1000-122-3-18) purchased by Mr. Hatzinikolaou on October 24, 2014, as Mr. Hatzinikolaou qualifies for the First Time Homebuyer exemption set forth in §17-25(C) of the Southold Town Code. ✓ Vote Record - Resolution RES -2014-973 0 Adopted RI Adopted .............................:.... .. . ....._ Yes/Aye No/Nay I .... __ _ ...... Abstain ...... ............ Absent ❑ Adopted as Amended ElDefeated ❑ Tabled Robert Ghosio Mover IZI ❑ ❑ ❑. El Withdrawn James Dinizio Jr Voter Q ❑ ❑ ❑ ❑Supervisor's Appt William P. Roland Voter D ❑ ❑ ❑ ❑Tax Receiver's Appt ❑ Rescinded Jill Doherty Voter Q El ❑ ❑ Town Clerk's Appt Louisa P. Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell 1 Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-974 CATEGORY. Authorize Payment DEPARTMENT: Solid Waste Management District SWMD Ford Tractor Engine Repair WHEREAS the engine in the 1995 Ford Tractor Truck owned by Solid Waste Management District recently underwent a partial re -build by H.O. Penn Machinery as per Town Board approval pursuant to H.O. Penn's quote of September 3 using Suffolk County contract pricing; and WHEREAS during the re -build H.O. Penn discovered the need to replace the oil cooler, oil pan, injection pump, and the charge air cooler (CAC) as well as to repair the left rear brake chamber so as to allow the vehicle to pass safety inspection; it is hereby RESOLVED by the Town Board of the Town of Southold to approve payment of the invoice for all etatarl ixrnrlr ;n tha mmnnnt of 9;1 R 007 Rti ✓ Vote Record - Resolution RES -2014-974 0 Adopted _ _._,,----- Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio ....... Voter 0 ❑ _ ❑ .:. .............. ❑ ❑ Defeated James Dinizio Jr Mover D ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn William P. Ruland !' Seconder Z ❑ ❑ 17 Southold Town Board Meeting 19 December 16, 2014 ❑ Supervisor's Appt Jill Doherty ' Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P. Evans Voter 0 ❑ ❑ ❑ ❑ Rescinded Scott A. Russell Voter ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-975 CATEGORY.• Performance Bond DEPARTttiIENT: Planning Board Accept Subdivision Performance Bond Colony Pond RESOLVED that the Town Board of the Town of Southold hereby accepts Subdivision Performance Bond #015045316 issued by Liberty Mutual Surety in the amount of $197,961.00 for the proposed Standard Subdivision entitled "Colony Pond", SCTM #1000-52-5-60.3, located on the south side of Colony Road, approximately 470 feet east of Bayview Avenue in Southold, as recommended by the Southold Town Planning Board, subject to the approval of the Town Attorney. ✓ Vote Record - Resolution RES -2014-975 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio ....... Voter ..... ........_......_..... _........ D .............. __... _._..__...._.> ❑ ............ ........_.....__....-... ❑ -.._._........ ........_ ❑ ❑ Withdrawn James Dinizio Jr Voter D El El El Supervisor's Appt William P. Ruland Seconder D El ❑ ❑Tax Receiver's Appt Jill Doherty Mover 0 I ❑ ❑ ❑ El Rescinded Louisa P. Evans Voter D ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A. Russell Voter EI ❑ ❑ ❑ ❑Supt Hgwys Appt ❑ No Action ❑ Lost 2014-976 CATEGORY. Performance Bond DEPART!VENT. Planning Board Release Performance Bond Oregon Landing II Southold Town Board Meeting December 16, 2014 20 RESOLVED that the Town Board of the Town of Southold hereby releases the Performance Bond issued by Suffolk County National Bank as Letter of Credit #060831A for the Conservation Subdivision of Oregon Landing II/Badenchini in the amount of $290,589.00, as recommended by the Southold Town Planning Board and the Town Engineer, subject to the approval of the 1 own Attorney. - ✓ Vote Record - Resolution RES -2014-976 Yes/Aye ........ No/Nay ......................... Abstain Q Adopted ❑ Adopted as Amended • Defeated .............. Yes/Aye No/Nay . ..... Abstain . Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter Q ❑ ❑ ❑ 11 Supervisor's Appt William P. Ruland Mover Q El El ❑ ❑Tax Receiver's Appt ❑ Rescinded Jill Doherty Voter Q ❑ ❑ .� ❑ ❑ Town Clerk's Appt Louisa P. Evans Seconder Q ❑ ❑ ❑ ❑ Supt Hgwys ApptScott A. Russell Voter Q ❑ ❑ ❑ ❑ No Action 0 Lost ❑ Lost 2014-977 CATEGORY. Bid Acceptance DEPARTMENT. Town Clerk Accept Bid -Sno Go RESOLVED that the Town Board of the Town of Southold hereby accepts the bid. of Chris Mohr Lawn Care & Landscaping in the amount of $ 6,550.00 for a 1946 Sno-Go, all in accordance with the Town Attorney. ✓ Vote Record - Resolution RES -2014-977 Q Adopted Yes/Aye ........ No/Nay ......................... Abstain ......... ......._ Absent ❑ Adopted as Amended • Defeated ❑Tabled Robert Ghosio Seconder Q ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter Q ❑ ❑ ❑ ❑Supervisor's Appt William P. Roland Voter Q ❑ ❑ ❑ ❑Tax Receiver's Appt ❑ Rescinded Jill Doherty Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P. Evans Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter Q ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Meeting December 16, 2014 2014-978 CATEGORY. Budget Modification DEPARTMENT. Information Technology 1. T. Budget Modification to Purchase Equipment for Government Channel 22 Financial Impact: Purchase video storage device and camera for Government Channel 22. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 Informational Technologies budget in the General Fund Whole Town as follows: From: A. 1680.4.400.250 Network and Systems Consultant $1200 To: A.1680.4.400.280 Gov't Channel 22 $1200 21 ✓ Vote Record - Resolution RES -2014-978 CSI Adopted ............. .._..._. Yes/Aye .......... .. . No/Nay i ............ Abstain ... Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Mover 1 ❑ 11 ❑ Withdrawn James Dinizio Jr Voter D ❑ ❑ ❑ ❑ Supervisor's Appt William P. Ruland Voter l ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter D ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P. Evans Seconder. D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-979 CATEGORY. Contracts, Lease & Agreements DEPARTMENT: Town Attorney MOA W/NYS Police -Fishers Island RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to execute the Memorandum of Agreement between the Town of Southold, the Fishers Island Ferry District, and the New York State Police, relating to the use and occupancy of living quarters and office space on Fishers Island, subject to the approval of the Town Attorney. Southold Town Board Meeting December 16, 2014 22 ✓ Vote Record - Resolution RES -2014-979 Q Adopted Yes/Aye No/Nay Abstain Absent Q Adopted Yes/Aye ...... No/Nay ..... .., Abstain .............................. . Absent ❑ Adopted as Amended 11 Defeated ❑ Tabled Robert Ghosio Voter El ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Mover Q ❑ ❑ ❑ El Supervisor's Appt William P. Roland Seconder Q ❑ ❑ ❑ ❑Tax Receiver's Appt El Rescinded Jill Doherty Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P. Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-980 CATEGORY.• DEPARTMENT: Budget Modification Police Dept Police Department -Budget Modification Financial Impact: Reallocation of budgetaryfunds to relieve overdrawn balances in the 2014 budget due to retro active payroll RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 Whole Fund Town budget as follows: From: A. 1990.4.100.200 Contingencies, C.E. Police Retirement Reserve TOTAL To: A.3120.1.100.300 Police, P.S. Vacation Earnings A.3120.1.300.100 Seasonal/Temp Employees Regular Earnings TOTAL $23,500 $23,500 $16,000 $7,500 $23.500 ✓ Vote Record - Resolution RES -2014-980 Q Adopted Yes/Aye No/Nay Abstain Absent Southold Town Board Meeting December 16, 2014 23 ❑ Adopted as Amended Robert Ghosio Voter D ❑ ❑ ❑ ❑ Defeated James Dinizio Jr Voter Q ❑ ❑ ❑ ❑ Tabled William P. Ruland Seconder. 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P. Evans Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A. Russell Voter IZI ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-981 CA.TEGOR.Y. Budget Modification DEPARTMENT.- Solid Waste Management District SWMD Budget Mods Financial Impact: Using fund balance revenues to cover overdrawn lines and anticipated costs through end of year. MSW removals will exceed budget due to greater than projected commercial waste stream. RESOLVED that the Town Board of the Town of Southold hereby increases the 2014 Solid Waste Management District budget as follows: Revenues: SR.5990.00 Appropriated Fund Balance Appropriations: SR 8160.4.100.120 (Employee Work Gear) SR 8160.4.100.125 (Misc. Supplies) SR 8160.4.100.551 (CAT 966) SR 8160.4.100.552 (Maint-Volvo L120) SR 8160.4.100.580 (Maint-Ford Tractor) SR 8160.4.200.200 (Light and Power) SR 8160.4.400.600 (Scale Maintenance) SR 8160.4.400.682 (Ford Tractor Repairs) SR 8160.4.400.690 (Maint-Ford 350 P/U) SR 8160.4.400.805 (MSW Removal) SR 8160.4.400.850 (Refrigerant Removal) SR 8160.4.400.910 (Equipment Rental) SR 8160.4.500.150 (Groundwater Monitoring) SR 81.60.4.500.500 (Credit Card Processing Fees) $132,245 $ 630 530 165 50 2'40 3,500 1,140 9,650 305 110,000 360 400 4,775 500 TOTAL: $132,245 Southold Town Board Meeting December 16, 2014 24 ✓ Vote Record - Resolution RES -2014-981 DB.5110.4.100.905 Asphalt Patch DB.5110.4.100.950 Warning Devices DB.5130.2.500.300 0 Adopted DB.5130.4.100.500 Parts & Supplies Yes/Aye No/Nay Abstain .. Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio ; Voter ' 0 ❑ ❑ 110 Withdrawn James Dinizio Jr Voter 0 ❑ ❑ 11 ❑ Supervisor's Appt . William P. Ruland Mover 0 ❑ ❑ ❑ ❑Tax Receiver's Appt ❑ Rescinded Jill Doherty Seconder 0 11 ❑ ❑Town Clerk's Appt Louisa P. Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-982 CATEGORY. - DEPARTMENT: Budget Modification Highway Department 2014 Highway Budget Modification Financial Impact: Transfer funds RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 Highway Fund Part Town budget as follows: Increase Appropriations: DB.5110.4.100.905 Asphalt Patch DB.5110.4.100.950 Warning Devices DB.5130.2.500.300 Other Equipment DB.5130.4.100.500 Parts & Supplies DB.5140.2.200.300 Office Furniture DB.5140.4.100.600 Uniforms DB.5140.4.200.100 Telephone/Cellular Phones DB.5142.4.100.525 Snow Fence DB.5142.4.100.550 Snow Posts Decrease Appropriations: DB.5110.4.100.900 Resurfacing Projects $ 3,700 5,000 200 5,000 600 1,000 500 1,700 1,400 Total: $ 19,100 19,100 Total: S 19.100 ✓ Vote Record - Resolution RES -2014-982 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Seconder 0 El ❑ ❑ ❑ Defeated ❑ Tabled .lames Dinizio Jr Voter 0 ❑ ❑ ❑ Southold Town Board Meeting December 16, 2014 25 ❑ Withdrawn William P. Ruland Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter Rl ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P. Evans Mover 0 ❑ ❑ ❑ ❑ Rescinded Scott A. Russell Voter Z ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost ❑Supervisor's Appt William P. Ruland Voter El ❑ 11 2014-983 CATEGORY. Contracts, Lease & Agreements DEPARTMENT. Town Attorney Agreement W/SC Youth Bureau DARE Program' RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the County of Suffolk Youth Bureau and the Town of Southold, in the amount of $20,500.00, for the term January 1, 2014 through December 31, 2014, in connection with the DARE Program, subject to the approval of the Town Attorney. VoteRecord = Resolution RES -2014-983_ RI Adopted .........................._....._....._.__............... Yes/Aye No/Nay : ......_. Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Mover El ❑ ❑ ❑ ❑Withdrawn James Dinizio Jr Voter IZI ❑ ❑ 11 ❑Supervisor's Appt William P. Ruland Voter El ❑ 11 ❑ Tax Receiver's Appt 11 Rescinded Jill Doherty Voter D ❑ El ❑ ❑ Town Clerk's Appt Louisa P. Evans Seconder E ❑ ❑ ❑ ❑ 'Supt Hgwys Appt Scott A. Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-9831 CATEGORY. Contracts, Lease & Agreements DEPARTMENT. Town Clerk Rescind Resolution 2014-983 Southold Town Board Meeting December 16, 2014 26 RESOLVED that the Town Board of the Town of Southold hereby rescinds Resolution 2014• v&i to correct the year. 0 Adopted ✓ Vote Record - Resolution RES -2014-9831 _. Yes/Aye No/Nay Abstain Absent 0 Adopted ❑ Defeated ❑ Tabled Yes/Aye No/Nay m Abstain Absent ❑ Adopted as Amended El Defeated ❑ Tabled Robert Ghosio Mover [Z' ❑ ❑ ❑ 11 Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑Supervisor's Appt William P. Ruland Seconder 0 ❑ ❑ .... ❑ .... ❑ Tax Receiver's Appt ❑ Rescinded Jill Doherty Voter 0 ❑ ❑, ❑ ❑ Town Clerk's Appt Louisa P. Evans Voter 0 .. ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ 0 .................. ❑ ❑ No Action ❑ Lost 2014-9832 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Agreement W/SC Youth Bureau - DARE Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the County of Suffolk Youth Bureau and the Town of Southold, in the amount of $20,500.00 for the term January 1, 2015 through December 31.2015. all in accordance with the annroval of the Town Attornev. Vote Record - Resolution RES -2014-9832 0 Adopted ................... _. _.__.._._:. _.._< _. Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended. ❑ Defeated ❑ Tabled Robert Ghosio ' Mover " 0 ❑❑ _. ❑' 11 Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ L1 Supervisor's Appt William P. Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt ❑Rescinded Jill Doherty Voter 0 El 11 11 ❑ Town Cleik's Appt Louisa P. Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-984 Southold Town Board Meeting 27 December 16, 2014 CATEGORY. Bid Acceptance IiEP14RTME NT. Town Clerk 2015 Heating Fuel Oil RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Burt's Reliable, 1515 Young's Avenue, Southold to supply the town with heating fuel oil and service for 2015 at $0.20 per gallon over the Northville Rack Price, subject to the approval of the Town Attorney. ✓ Vote Record - Resolution RES -2014-984 0 Adopted .......... ....... Yes/Aye ... ...... No/Nay ....-_ Abstain .......... Absent ❑ Adopted as Amended 11 Defeated ❑ Tabled Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Mover 0 El 11 ❑Supervisor's Appt William P. Roland Seconder. 0 ❑ ❑ ❑ ❑Tax Receiver's Appt ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P. Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-985 CATEGORY: Budget Modification DEPARTMENT Highway Department 2014 Highway Budget Modification Financial Impact: Transfer of funds RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 Highway Fund Part Town budget as follows: Increase Annronriations: DB.5130.2.300.100 Light Duty Vehicles $ 55,054 Total: $ 55,054 Decrease Appropriations: DB.5130.4.400.300 Equipment Rentals $ 2,000 DB.5142.2.400.200 Snow Equipment 19,192 Increase Revenues: DB.2650.00 Sale of Scrap & Excess Material 33,862 Total: $ 55,054 Southold Town Board Meeting December 16, 2014 W ✓ Vote Record - Resolution RES -2014-985 0 Adopted ....._...........:........_........_................................_._.. .............. ............. ........_..............................__ _. _ ..................................,......................................................................._....--__ Yes/Aye .. No/Nay 3 _ Abstain ............. .... Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio -----_ Voter ................... 0 ...... _._.........- ❑ ................. ❑ .-...... ............. ❑ ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑Supervisor's Appt William P. Ruland Seconder 0 ❑ ❑ ❑ ❑Tax Receiver's Appt Jill Doherty Mover 0 ❑ El ❑ Rescinded Louisa P. Evans Voter 0 ❑ ❑ El El Town Clerk's Appt ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-986 CATEGORY. DEPART111ENT. Equipment Highway Department Purchase of Highway Vehicles Resolved that the Town board of the Town of Southold hereby approves the purchase of two Ext Cab Ford F-250 4x4 with plows for the Highway Department. The vehicles are being purchased from the State of New York Department office of general services Contract #22737/PC66389 Lot 2 Item 18 $30,246.99/each. This to be a legal charge to the 2014 budget line TSR -51 30.9.100.1 00 (light duty vehicles) ✓ Vote Record - Resolution RES -2014-986 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Voter --- .......... ..... ..............................................................:..............__ lZ ❑ ........... ❑ ... ........ ❑ ❑ Withdrawn James Dinizio Jr Voter 0 11 ❑ ❑Supervisor's Appt William P. Ruland Mover D ❑ El ❑Tax Receiver's Appt Jill Doherty Voter El ❑ ❑ ❑ El Rescinded Louisa P. Evans Seconder. 0 ❑ ❑ ❑ ❑Town Clerk's Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-987 CATEGORY. Bid Acceptance Southold Town Board Meeting 29 December 16, 2014 DEPARTMENT: Police Dept Accept the Bid of Hoppy's Cleaners to Clean Southold Town Police Uniforms RESOLVED that the Town Board of the Town of Southold hereby accents the bid of Hoppy's Cleaners to clean Southold Town Police Uniforms for calendar year 2015 in the amounts indicated on the bid submitted, all in accordance with the Town Attorney. ✓ Vote Record - Resolution9ES-2014-987 ✓ Vote Record - Resolution RES -2014-988 Q Adopted ..... Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted.as Amended ❑ Defeated ❑ Tabled Robert Ghosio Seconder El 11 El El ❑Withdrawn James Dinizio Jr Voter El ❑ ❑ ❑ ❑Supervisor's Appt William P: Roland Voter Q El El El 11 Tax Receiver's Appt ❑ Rescinded Jill Doherty Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P. Evans Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter Q ❑ ❑ ❑ ❑ No Action _._.. ❑ ❑ No Action ❑ Lost ❑ Lost 2014-988 CATEGORY. DEPARTMENT: Employment - Town Town Attorney MOA W/CSEA - Settlement PERE Case U-33416 RESOLVED that the Town Board of the Town of Southold hereby approves the Memorandum of Agreement between the Town of Southold and the CSEA dated December 9, 2014, • .i .i rr.r�r.r L.V11l.Gllllllb' LllG JGLL1G111G11L Vl rla�1� 1. a6c; ✓ Vote Record - Resolution RES -2014-988 Q Adopted ......... .._........ ............. ........ ......... Yes/Aye No/Naya Abstain ......,.:..........:.... Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Mover Q El El El ❑ Withdrawn James Dinizio Jr Voter Q El El ❑ El Supervisor's Appt William P. Ruland Voter Q El ❑ ❑Tax Receiver's Appt Rescinded Jill Doherty Voter Q ❑ ❑ ElEl El Town Clerk's Appt Louisa P. Evans Seconder Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter Rl ❑ El _._.. ❑ ❑ No Action ❑ Lost Southold Town Board Meeting 30 December 16, 2014 2014-989 CATEGORY: Seqra DEPARTMENT. Town Attorney SEQRA LL/Chapter 280 Amendments - Tree Fund 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 240, Subdivision of Lane, and Chapter 280, Zoning, in connection with a Tree Fund" is classified as a Type II action pursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Vote Record - Resolution RES -2014-989 0 Adopted _.... .:........ .. ...... Yes/Aye No/Nay Abstain Absent 11 Adopted as Amended ......... _. _..... ............. ... ........ ....... ........ . ....... ................ Robert Ghosio Voter 0 El 11 ❑ 0 Defeated 0 Adopted .._ ....... ._._ ..:.. .......:........ Yes/Aye .... No/Nay ...... ... Abstain .. .... .... Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Voter 0 ❑ ❑ .................................. ❑ ❑Withdrawn James Dinizio Jr Mover El ❑ ❑ 11 ❑Supervisor's Appt William P. Ruland Voter �..�� D ❑ ❑ ❑ ❑Tax Receiver's Appt ❑Rescinded' Jill Doherty i Seconder El ❑ ❑ ❑ Town Clerk's Appt Louisa P. Evans Voter El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter Rl ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-991 CATEGORY. Contracts, Lease & Agreements DEPARTMENT. Town Clerk Open Space Conservation Easement Colony Pond RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Open Space Conservation Easement and all other necessary documents between the Town of Southold and Colony Pond, Inc. in connection with the subdivision of the property identified as SCTM #10.00-52-5-60.3, subject to the approval of the Town Attornev. -,'Vote Record - Resolution RES -2014-991 0 Adopted _.... .:........ .. ...... Yes/Aye No/Nay Abstain Absent 11 Adopted as Amended ......... _. _..... ............. ... ........ ....... ........ . ....... ................ Robert Ghosio Voter 0 El 11 ❑ 0 Defeated Southold Town Board Meeting 31 December 16, 2014 ❑ Tabled James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn William P. Ruland Secorder. 9 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Mover D ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P. Evans Voter D ❑ ❑ ❑ ❑ Rescinded Scott A. Russell ;Voter ❑ ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-990 CATEGORY. Enact Local Law DEPARTMENT.- Town Clerk Enact Local Law Re Chapter 240 & 280 Tree Fund WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18th 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" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law on the 16th day of December, 2014 at 4:32 p.m. at which time all interested persons were given an opportunity to be heard, Now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 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: I. 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 of 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 December 16, 2014 32 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. II. Chapters 240 and 280 of the Code of the Town of Southold are hereby amended as follows: §240-49. Clearing. A. Landscaping and ground cover. (4) Tree fee. (a) Upon the request of an applicant, if the Planning Board makes a finding pursuant to this Chapter that the proposed subdivision presents a proper case for requiring trees to be planted for screening, landscaping purposes, but that a suitable location for said plantings does not exist, or it is otherwise impracticable, the Planning Board may_permit the applicant to pay a sum of money in lieu thereof. The fee shall'be as follows: (1) 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 ppMoses. (b) Timing of fee payment. The -fee shall be paid prior to any 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. a) Unon the reauest of an applicant. if the Plannina 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, landscaping purposes, but that a suitable location for said plantings does not exist, or it is otherwise impracticable, the Planning Board may 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), no more than Seven Hundred Fifty Dollars ($750.00) per tree, based on caliper, that would have been required for Southold Town Board Meeting December 16, 2014 33 screening or landscaping purposes. (b) Timingof f fee payment. The fee shall be paid prior to any site plan approval. (c) The fee shall be deposited into the Fiduciary Fund and used by the T Southold Town Tree Committee exclusively for the planting of new street trees and/or the replacement of damaged or removed trees on Town property. 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 -2014-990 El Adopted ......... ....... ..........._....... Yes/Aye ......... No/Nay ....... Abstain ........-...... ......_.. Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑Withdrawn James Dinizio Jr Voter ❑ El 11 ❑Supervisor's Appt William P. Ruland Voter 0 ❑ ❑ ❑ ❑Tax Receiver's Appt ❑Rescinded Jill Doherty Voter 0 ❑ El ❑ Town Clerk's Appt Louisa P. Evans 1 Mover Rl ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter 121 ❑ ❑ ❑ ❑ No Action ❑ Lost Comments regarding resolution 990 COUNCILMAN DINZIO: No and I want to give a little bit of a speech on this one. It's the same reason I voted no two weeks ago giving the Planning Board, in my opinion, too much discretion. I recognize the fact that this is probably and along with the law passed two weeks ago, may be used once in 100 years for all I know, the fact that the Planning Board can determine that it doesn't require trees on a site plan in one location but those trees may be transplanted to another location seems to me to be not the reason we require trees on a site plan. So I think it just grants them too much discretion. So I vote no. VI. Public Hearings PH 12/16/14 @ 4:32 PM LL/Tree Fund Southold Town Board Meeting 34 December 16, 2014 RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed 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 Councilman Robert Ghosio COUNCILMAN GHOSIO: WHEREAS, there has been presented to the Town Board of the Town of Southold; Suffolk County, New York, on the 18'h 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 16th 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: 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 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 Southold Town Board Meeting December 16, 2014 35 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. II. Chapters 240 and 280 of the Code of the Town of Southold are hereby amended as follows: §240-49. Clearing. A. Landscaping and ground cover. (4) Tree fee. (a) Upon the request of an applicant, if the Planning Board makes a finding pursuant to this Chapter that the proposed subdivision presents a proper case for requiring trees to be planted for screening, landscaping purposes, but that a suitable location for said plantings does not exist, or it is otherwise impracticable, the Planning Board may permit the applicant to pay a sum of money in lieu thereof. The fee shall be as follows: (1) Not less than Three Hundred Fifty Dollars ($350.00), no more than Seven Hundred Fifty Dollars ($750.00) per tree, based on caliper, that would have been required for screening or landscaping purposes. (b) Timingof fee payment. The fee shall be paid prior to any 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. (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, landscaping purposes, but that a suitable location for said plantings does not exist, or it is otherwise impracticable, the Planning Board mgy en -nit 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), no more than Seven Hundred Fifty Dollars ($750.00) per tree, Southold Town Board Meeting December 16, 2014 36 based on caliper, that would have been required for screening or landscaping purposes. (b) Timingof f fee payment. The fee shall be paid prior to any site plan 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. 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. I do have in the file a notice that this was published in the Suffolk Times and it was notarized on November 27. This did appear as a notice on the Town Clerk's bulletin board here in Southold. I also have a memorandum from the principal planner, LWRP coordinator that this proposal is consistent with LWRP. I have a letter here from the Planning. Board that supports the proposed legislation and I also have a letter here from Suffolk County that a decision of local determination can be made on this matter. And that's it. Supervisor Russell SUPERVISOR RUSSELL: I would invite anybody that would like to address, this particular local law to please come up. (No response) Closing Comments Supervisor Russell SUPERVISOR RUSSELL: That completes the resolutions. Would anybody like to address the Town Board on any issue? Please feel free now. Mr. Skabry? John Skabry, Henry's Lane, Peconic JOHN SKABRY: Good evening and Merry Christmas, Happy Holidays. Thank you very much for giving me this opportunity to speak to you tonight. I am here to talk about the work session that occurred when the Planning Director of the town presented two people with plans on building an aquaculture in the back of my home, on the property in the back of my house. I don't have enough of these to go around but it's a photo and if you would pass it along, my house is very close to the (inaudible) in Henry's Lane.- Okay, it's best if I just read off something to you and get it off my chest and then, I don't have to go over it, okay? Just what I need to- accompany the helicopters all summer is the stench and flies of a shrimp factory. I googled shrimp farm, the nearest one is in Amagansett, Multi Aquaculture; by the way that's in the second photo, located Southold Town Board Meeting 37 December 16, 2014' on Industrial zoned land and I know that because I talked to Larry Cantwell earlier this month. I had another issue that we were talking about. He is the Town Supervisor of East Hampton. You can read for yourself the reviews in Yelp.com. Comments include smelly, flies, the place reeks, there's also a filthy pool of water, smells, too gross, attacked by flies and that's located on Industrial zoned land. Tank raised shrimp and fish can be raised on dry land, miles from salt water. Sky 8 Shrimp farm is in Stoughton, Mass, inland near Worcester, it is in an industrial park. At the Southold Town Code Committee meeting on 12.4.14 a draft of amendments to Chapters 219 and 280 of the Southold Town code were discussed by Supervisor Russell. No minutes were taken. I was there, I was present. The town printed a meeting agenda, the following are quotes from this agenda. I am reading this off because some members of the Town Board were not there although they are on that committee. "280-13, use regulations, in AC, R80, R120, R200 and R400 districts, B uses permitted, 17, Aquaculture/mariculture operations, a minimum of 100 feet from any property line. I took those quotes out of a three page description of code changes. At this meeting, Supervisor Russell explained to me that aquaculture (fish factories) are presently permitted only in Southold's marine districts and this amendment would permit them in residential zones. He encouraged input from the public on this zoning amendment. That's why I am here and thank you. Once this zoning is changed, the building goes up, the flies, stench and noise complaints will come to Town Hall, the fish farmers will claim protection under the NYS `right to farm' law. What about a processing plant and sales? Right to farm law again. The fish farmers will claim agricultural district property tax exemptions as our legitimate farmers presently do. I do not need the Route 48 Vineyards and Satur farms problems in my backyard. This land is presently owned by a speculator; Spartan Holding in Palm Beach Gardens, Florida. And he has owned it for quite a few years and will continue to own it for quite a few years because it is practically land -locked. The only entrance is on Route 48, there's no room to build any, well, anyway I won't get into that, I am not a builder. Our home of 44 years is on 1/2 acre, the. change in code would place the fish factory 100 feet from my property line, 160 feet from my bedroom window, I want to enjoy my yard. I urge you to re- focus, we cannot afford to pave over our open farmland with fish factories. You know, I believe in the freedom of this county but there are places in the Netherlands where it's against the law to build on farmland, that's how much they appreciate what they have. Enclosed please find: the Town Board work session of 11/5/14, these are some misstatements of facts by the Planning Director Heather Lanza and/or Tess and Todd Gordon, published in the Suffolk Times and southoldlocal.com, which you will also have a package of shortly. I also enclosed a code committee meeting 12/4/14 and the agenda for it and a list of US shrimp farms and their zoning, present zoning. I have been pretty busy since then. Okay, onto the Southold Town Board work session of 11/5/14, some misstatements of facts by Planning Director Heather Lanza and/or Tess and Todd Gordon; by the way, I can't understand why the Southold Town Planning director is acting as an attorney or representative for two of my fellow citizens. I don't understand that. Anyway, on 11/5/14, in quotes, "if the proposal comes to fruition, Celestial Shrimp would be the only shrimp farm in New York" Ms. Gordon said. At the 12/4/14 code committee meeting, Ms. Gordon admitted to all that "a shrimp farm is presently operating in Amagansett". The fact is, if the code is changed, Celestial Shrimp would be the only shrimp farm in the United States built and operating on residential or agricultural zoned land. On 11/5/14 again, the property, they are talking about Henry's Lane, that property that you have a picture of, the property if allowed with the zone change would be ample enough to allow for a large buffer between Henry's Lane and Southold Town Board Meeting 38 December 16, 2014 the substation. 11/5/14, that same day, Justice Louisa Evans reminded the Board should be talking about zoning and not a specific parcel. Fact, the Planning Director has no business discussing or permitting a discussion of specific property rezoning, "Henry's Lane". This is spot zoning, illegal, the application of zoning to a specific parcel within a larger zoned area when the rezoning is usually at odds with current zoning restrictions. Just be advised that current zoning restrictions, it's an R 80 piece of property, that I border on there. Fact, the code committee meeting 12/14 specifies a minimum of 100 feet from any property line. This is not ample. Some homes are only 60 feet from a back yard property line. But it seems like this code change is tailor made for this piece of property. You will see the shape of it and how they can get that property in with 100 foot between the water pumping station for Suffolk County and the wetland which is Suffolk County drain. Fact, the code committee, I am sorry, 11/5/14, the Gordon's said they believe the parcel which is now zoned residential would work with agricultural or light industrial zoning. Fact, once again, the Planning Director has no business presented or allowing the presentation of spot zoning. 11/5/14, Councilman Jim Dinizio asked if there was a tasting room planned. The Gordon's said they considered the idea, pound for pound, it doesn't pay when the shrimp can just be sold outright. Same day, Todd Gordon "has already been certified for the processing and distribution of seafood" Fact, the processing of seafood will be a reality. Once the camel's nose is under the tent, the New York right to farm law will allow that. "On 11/5/14, the couple said five buildings would be allowed on that property as of right". Fact, five? Impossible. Roads, it's 9 1/2 acres. Part of it is wetlands, there's only one entrance as you can see to Route 48, fact, five, impossible. Roads, drainage, wetlands eat up the existing R 80 two acre zoning as well as a school bus turnaround because the county won't allow you to have school busses stop on Route 48, you have got to build a road wide enough for the bus to get in, make a U-turnand come back out again. it eats up about half of your property, that 9 1/2 acres. The way I estimate it anyway. And also you would have a cul-de-sac circle at the end of it because there's no other way out. Fact, once again the Planning Director has no business presenting or allowing the presentation of spot zoning. 11/5/14, the Southold Town Attorney Martin Finnegan reminded the Board that fish farming is allowed under town code but the zone change is critical. Fact, spot zoning again. It is not a zone change, it's a code change that is necessary, not a zone change. 12/4/14, this code committee meeting I don't know who wrote this presentation up on what the code, how the code was going to change but it is tailor made for this property. Five acres minimum, 100 foot from a property line. It gives them just enough room to squeeze it in. Why don't, I don't understand why they don't purchase land apply for a building permit like everybody else does and then appeal to the ZBA if they are turned down. Why change all agricultural residential land property zoned for fish factories in this entire town? Five acres or more. I just don't understand where these proposals can come from. I cannot follow the dots. 'Why is our Planning Director introducing this code change? What is the underlying reason and who will profit and who will suffer? Aquaculture belongs in the marine district. Existing US shrimp farm zoning. I am talking about inland now, Sky 8 Shrimp farm, Stoughton MA Industrial zone. Blue Ridge Aquaculture, Martinsville VA, industrial park, industrial zone. Dairyland Shrimp Westby, WI Industrial park, industrial zone. Multi Aquaculture Amagansett, NY Industrial zone. That's on the shore. Big Barn Shrimp Farm, Flora IN, industrial park, industrial zone. 1,1 don't know. Do you have any questions of me? Southold Town Board Meeting 39 December 16, 2014 SUPERVISOR RUSSELL: Just a couple of clarifications. Spot zoning would pertain to land that we were rezoning and as you mentioned yourself, we are not proposing rezoning any land simply modifying the code to include aquaculture. The right to farm law is a protection whether they are in operation or not, the right to farm law dictates that the town needs to accommodate this as a bona fide agricultural operation. The issue for us is where to we put what zones and the discussion we had the day you were at the code committee meeting, you've raised the issue, you are right next door to an R 80 zone I believe, we talked about that, the R 80 may be just the AC zones, the agriculture conservation zones but we can't simply exclude it. We are not permitted under the right to farm law of the State of New York. It's a protected agricultural operation, whether they are in business there or not. We need to house it somewhere, we need to site it somewhere. Obviously the discussion at the work session some time ago, someone brought up the issue do you have a specific parcel in mind, that was an inappropriate question to ask, we were talking about the general concept of these types of operations and what zoning would be appropriate, not any specific parcel. Also, the requirements for 5 acre, 100 foot setbacks, those were actually insisted on by me to protect any type of bordering property. To protect it by any intrusions that might be caused by this type of operation. We can just as easily propose zoning. that has no setbacks other than 100 foot from a road which is consistent with all other agricultural zoning, no size requirements. Again, we didn't tailor the law to meet this parcel, we added more restrictions to the law to try to buffer any impacts to those neighboring properties. But again, you raised some issues at the code committee meeting, I promised you I would look into it, other municipalities you mentioned one up north that you want me to call to see what kind of experience they have had, what kind of community they have had with one being located, those are things I told I would be happy to do. MR. SKABRY: I didn't ask you to call them at all, I just wanted to know what kind of property they were on. SUPERVISOR RUSSELL: Well, I think I should call them anyway. That would be a good understanding of what we are dealing with here. MR. SKABRY: And just now you said that you have to site it somewhere... SUPERVISOR RUSSELL: Yes. MR. SKABRY: What is wrong with the marine district? SUPERVISOR RUSSELL: First of all, the marine zoning are next to residential properties in almost every instance to begin with, so if we are not going to, in other words, if you are really concerned that this might compromise the quality of life for residential properties, then marine zonings would not be, that wouldn't solve any problems. Secondly, you can't have such restrictive zoning that you would narrow it to, you know, if there's a few marine zoned parcels that aren't already developed and there's very few of them, the state might determine that too restrictive, just to make them go into marine zones. The state is looking for you to accommodate these businesses, the ag operations, not chase them away by putting them in zoning that's just so Southold Town Board Meeting December 16, 2014 M rare that they couldn't possibly site it. Very little marine zoning out here that's not fully developed. MR. SKABRY: What about industrial zoning? SUPERVISOR RUSSELL: Well, that's another issue we did talk about that day. The industrial zoning allowing them there is an issue that's on the table, we think that's certainly a viable zone to locate them in. Again, the discussion that day was to talk broadly as to where the zoning should be throughout the town or what code should we amend to allow those uses in what zones and that is what we are in the process of doing now, we are on a fact finding mission. MR. SKABRY: I still don't understand, you have to site them somewhere, right, but this is a town with a lot of waterfront property now that is not being used, commercial waterfront property or marine zone I don't know what it is. I know I used to work on Shipyard Lane at the oyster factory there, that entire thing is, that could be a place, I don't and there's a lot more than that. Clark's operation, we don't have it going on now in the marine districts. SUPERVISOR RUSSELL: There's not a lot of marine zoning out there. Most of the marine zoning is already fully developed or being used by someone. The parcel you mentioned out on Shipyard, there's an application before a jurisdictional board for that. We can't just make an owner surrender it to this type of use. You have got to factor all that into the equation. We need to find locations that make sense. You have raised the issue that it doesn't make sense in an R 80 zone which is near where you live. We get that, we will listen. MR. SKABRY: Can you explain to me how does someone get the Planning Director of the town to represent you before the town board when you want to get a code change? SUPERVISOR RUSSELL: What we did was.... MR. SKABRY: How did that happen? How did that happen? SUPERVISOR RUSSELL: What we did was, the applicants come to us expressing an interest saying we want to pursue this type of operation but the zoning is too restrictive. We refer them to the Planning Board to have the Planning Board look at it to see if it has viability and it has merit to change the code to accommodate it. The Planning Board looks at it, they have some ideas, they think it will work for Southold Town, she brings that information to the Town Board. She is there more objectively than you might think to answer our questions. I don't think she was there as an advocate but certainly the Planning Board looked at that type of use and said, yes, we should find a location for this in Southold. That's how it gets done. Somebody has to come up with an idea for us to evaluate. MR. SKABRY: I don't know how it crossed the country to getting it done and I have perused google until my fingers are blue trying to find a place that has zoning where it is not in an industrial park or an industrial zone. And I still think it was an attempt at spot zoning. Thank you for listening. Southold Town Board Meeting December 16, 2014 SUPERVISOR RUSSELL: Sure. 41 MR. SKABRY: Just to give you an idea of what you are going to be looking, could be looking at in the future, okay, is, this is Blue Ridge agriculture, 550 Industrial Parkway in Virginia and it's an industrial zone. These small things are tractor trailers. If any of you, I left my name and I am in the phone book and if you have any questions of me or you'd like me to do some research in order to keep this out of my backyard, I will be happy to do it. I have a stack of paperwork now where I am trying to find ways to keep this out of my yard. SUPERVISOR RUSSELL: Well, we certainly appreciate anything you want to submit to us. Thank you. COUNCILMAN DINIZIO: I would like to make a comment. SUPERVISOR RUSSELL: Sure. MR. SKABRY: Inaudible. COUNCILMAN DINIZIO: Mr. Skabry, I just have a couple of comments. Number one, I asked about the shrimp tasting room because I didn't want to see a Bubba Gump tasting room coming up on a residential piece of property. That concerns me. The opportunity for the town to look at this is you know, good and bad. Number one, it came to light. Everybody has the opportunity now to come in and make their pitch one way or the other. I don't think anybody on the Town Board has made their mind up yet by any means. It has got a long way to go. The opportunity also is here to control that situation that you see in Amagansett. I actually took a ride into that place last week after I read your letter. I don't envision this being that. We were told that every, all this operation was going to be inside the buildings and we can, I believe, restrict it to that. In other words, that they build one big building. Listen, what I am saying to you know is part of a discussion that the town needs to have on this. Some people in the town see the need for it, other people don't. Everybody needs to come in and comment on it, so we know which way to move. My feeling is, I don't want to see this being treated as a winery. Okay? And quite honestly, that's where I saw it going when they came to us, okay? I did see eventually a restaurant going there, now they stated that they didn't, I don't know how things turn out even though I have been here for nearly 30 years. Things seem to happen and your concerns are my concerns. I have concerns about sometimes that Planning Director coming in, although she doesn't represent them, to my mind I think the process should be different and I have made that known, I am on the minority on that. But the more that you come and the more people that you have comment on this, the better decision we will be able to make. You are right, it can go in an industrial, I mean, there's plenty of industrial areas here. We, unfortunately, have to deal with ag and markets because maritime stuff seems to be treated as farming. They have certain rights that are given to them, my understanding and I don't know a lot about it yet, I am still learning, is they are still restricted to how they can conduct their business. In other words, they can't be like Vineyard 48, it has to be farming and strictly farming. And all the other stuff that goes along with it, you are right about, there's probably trucks going in and out of there, it is on a major road, so where else would you want to have trucks going and coming, okay? Now I suggest that Southold Town Board Meeting 42 December 16, 2014 follow the process, come to the meetings and state your case. Think about it a little more, like I said, my feeling is they are going to have to put it all in the same building and keep it there. I mean, I was concerned about the water. That place over in Amagansett, they have got huge vats on the outside. They are in the middle, they are right on the stretch the middle of nowhere, there's not any houses near it. I think we probably need to find a place for this, I am not so sure your land isn't but the more you come, the more information you give us, the better that law will be. MR. SKABRY: You know, as a farm, agriculture, we are talking about a 274 foot building, 54 foot wide with no windows. It maintains a temperature of 90 degrees year round and it's a factory for fish. I won't eat another farm fish. After I read what I read on the internet, I am talking about from US Department of Health all the way down, I am not talking about Thailand farmed fish, there is no sediment. The shrimp consume their own excrements and the bacteria which is created by their excrements is also consumed by the shrimp. There is no sediment. I couldn't believe that. You won't have a trash problem. I dug clams and got $32 a bushel in the 60's. We got paid by the bushel then, not the count. Somebody brought Rhode Island clams in and somebody got sick on thein on Long Island, the next morning, the price went down to $3.50 a bushel and nobody would buy them. That's how the green tags got started. 'We had to wind up taking our shrimp, our clams, sneaking them down to Tom's River New Jersey, perfectly clean clams, nothing wrong with them, so we could get half the price before the people got sick. People are going to get sick on these shrimp. This is a new issue. Farm fish and farm shrimp. I had no problem building a nuclear power plant in Shoreham until Johnny Bokina told me, if it leaks, who will buy my cauliflower? My next door neighbor asked me. Very sensible person. He was right. Who would buy Three Mile Island milk? When that crate goes to the market, it says Long Island cauliflower on it. Nobody would bid on it if there was a spray of nuclear waste in Jamesport or Shoreham. It is just in your. mind. Would you buy Chernobyl steak? It is the same way with our, we have got to stop this in the bud. Somebody is going to get sick on a piece of that shrimp. And about the entrance being on 48, that's the worst place to put the entrance for a truck. I have a CDL, the worst place that I want to get on the road is where there's no traffic light. We moved the entrance to the dump from 48 to a side street. There hasn't been an accident coming out of that dump that I know of and there's plenty of traffic coming in and out of there. it is all commercial down that road but no, 48 is not a good place to have trucks come and go. I didn't talk about it because you mentioned at the code meeting that SEQRA or somebody would take care of those issues. SUPERVISOR RUSSELL: SEQRA, state environmental quality review act. MR. SKABRY: Okay. Who is going to take care of my family if there are 80,000 gallons of bacteria laced water in that building? And shrimp and salt. If my well gets contaminated and I don't have city water and there's no sewer there by the way, that breach will go across my lawn and contaminate my well and who will bring water down my street, city water? I don't understand why, how we can even conceive of putting, you know, I am saying roughly 80,000 gallons of water 160 feet from my house. Salt and bacteria laden. I would have to move. So, Larry Cantwell's dad used to work there, he was, when it was a bunker plant and that's something else that anybody should experience is driving past, 45 years ago, driving on Southold Town Board Meeting 43 December 16, 2014 Cranberry Hull Road and when you get on the road before you get to Promise Land, you can smell it. Bunker. It was a bunker plant and Larry's father worked there. Anyway, he is the Supervisor of East Hampton. He can tell you stories about aquaculture. I thank you very much for this time. Merry Christmas. SUPERVISOR RUSSELL: Just so you know, I know you have concerns about when things start rolling downhill, you are worried about the momentum. Just so you know, you are looking at a Board that took 14 months to pass a dog leash law. Nothing goes quickly around here. We are being very thoughtful and thorough and listening to everything you have to say. MR. SKABRY: Thank you. Marge Skabry MARGARET SKABRY: My name is Margaret Skabry, I also live at 390 Henry's Lane in Peconic and I know how long it takes to get a leash law and I know how long it takes to get anything enforced that you do have on the books. You don't have a code enforcement that can do anything, so nothing gets done. I agree with you 100 percent about the Planning Board and I have for years and I wish the rest of you would wake up and smell the coffee. Okay. Because by the time it gets up here, people are like, what are they kidding? Nobody wants to come, it's like, oh, they will never pass that. That's what started with the vineyards. Nobody knows how these things started. Let me explain to you, back in the 80's, a long time ago, there was a master plan that was printed up in the newspaper. Evidently, they have been trying to get a master plan in here since the 60's, still working on it. Right, Scott? Because we are not too quick at doing things. SUPERVISOR RUSSELL: We are up the one that was adopted June 10, 1989. MS. SKABRY: 89. Yeah. Like the leash law. It takes a while I guess. There was a map put into the local newspaper, hello, I am sorry if you are tired. You don't know what tired is yet. There was a map that was put in of the master plan in the local newspaper and open the newspaper and I am looking at it, oh, look at this, there's a lot of stars on this chart, right? Well, the stars were an airport. There were five different places they were considering putting in an airport. What airport? There wasn't any airport. We had Wickham's airport, we had Rose field. What are they talking about an airport? Somebody decided they needed a town airport. So they went down, I think they had three or four signatures to begin with it started out. You are tired, too, Scott, you don't know what tired is. This is 44 years 'of lessons learned the hard way of people saying, that's just tough, we have got to do these for these people, okay. so we come down here, about four people got the attention of the then Town Board and then they got 14 signatures of people that could fly planes and I don't have a problem with people flying planes, I have a problem with an airport within a mile of my house because before we were fortunate enough to get this property and he drove 97 miles a day to work, we lived under JFK flight pattern. We sure didn't want to do that again. So we bought on Henry's Lane with seven houses and fields all around and farms and cabbage and everything else. And he drove 97 miles a day and the kids went through austerity budgets at school and walked them and drove them yourself because that's the way things were done out here, okay? That was number one. Now we go Southold Town Board Meeting 44 December 16, 2014 through the master plan, it's still not adopted, it took two years with the then Town Board and the FAA, sound familiar, Scott? The FAA? To get this thing stopped. The Board was willing to shelve it to study it further, to set it aside and look at and review it but they weren't willing to stop it. Two years. This Town Hall was packed. The street was packed with people from this town that had had enough. Enough nonsense of not being represented by our Town Boards, by being pushed aside by a handful of people who have influence and know who to talk to. This is why this room is empty tonight. Every one of our neighbors knows about it, they are disgusted, they are fed up and they don't believe it is happening again. But it is and you are going to let it happen again because you are sitting there telling us that fair market thing is wonderful, you have got to listen to them. That's what the FAA does to us with the helicopter, Scott. I took three more pictures today because they have delayed their decision on the helicopters, too. I want to know, too, being that we don't do anything and we are not going to do anything about this fish thing, we are going to study it for a while because he is right and you are not, the Planning Board is too powerful. Too powerful and so is the Zoning Review Committee in my opinion. So we are going to have a little more problem with the helicopters coming over, four more pictures, the FAA is powerful, nobody controls it. Nobody. Nobody controls the farm thing. It's great for Mr. Ruland when he was farming, it worked out for him and the other farmers who deserved it, I appreciate the fact that they were there. When they start running liquor stores and stuff like that up on the highway and affecting the neighbors, every vineyard has to have a bar in it and a tasting room and all this other stuff and the limousines and three limousines drive you off the road on the way to Riverhead in one day, come on. The quality, of life down here is going down the (inaudible) very quickly because the Board is so open to be nice to these other people that want to come in and make a fortune. The quality of life is just not the same. Your DWI's aren't just the locals coming home from Greenport anymore. No, they are not. No, they are not. And our locals didn't do the things in the neighbor's yard that gets done are Route 48. How long has that poor man across the street been fighting with this Town Board to do something to help him? And you have done nothing. That, the bit with the vineyards, again, came from the Town Board Scott. I was here the night that happened too, I was here about the airport. That's how long ago it goes. SUPERVISOR RUSSELL: I just want to point out... MS. SKABRY: I am giving you background on how this happened. SUPERVISOR RUSSELL: I understand that but the first winery was planned when I was in the 9`h grade, so I didn't have a vote on it. MS. SKABRY: It was Hargrave's. SUPERVISOR RUSSELL: Yes. MS. SKABRY: Yes and that was a wonderful place. There was no problem until the airport time. You can check the year. I came to an airport meeting, I was the only one observing the meeting that night because we all took turns because it took two years, okay, at that meeting I sat in the back seat. There was a man sitting over about there, the chairs were orange then, the room Southold Town Board Meeting 45 December 16, 2014 was a different color. Frank Murphy was on the Town Board, he was the supervisor at the time. at the end of the meeting, they generally asked like you all do, was there anything else that you would like to discuss before they close the meeting and this man that was sitting there, he was kind of like sheepish, so Mr. Murphy invited him to speak up and he said, well, you know we have this vineyard and we have wine, we were wondering would it be alright if maybe we gave them a little cheese with the wine? So the Board sat there and they looked around and they said that sounds like a good idea. Guess who it was? Mr. Damianos. Okay? Since then we have had hospital fundraisers there, political party fundraisers, weddings, every single vineyard now has big buildings for their venues, for their bands and everything else. We don't have anybody to enforce the code for the noise and now we have got breweries and they have got the things outside, it's great. It's turned from food for the table to alcohol for the brain. That's what we have turned into. And now you want to turn us into a fish farming place where houses are supposed to be built. That is zoned for two acre housing and Scott, I believe it is within the HALO of the hamlet of Peconic. And it could have potentially homed 16 houses for the working people of this town or for the widows and widowers who couldn't afford their houses anymore that will sell them to the young people in this town and move into a smaller home. Wouldn't that have been a wonderful solution instead of listening to the trucks come in and out and getting to smell the shrimp every time they service the air filters that are going to keep this place so pristine and .you have got your Farm Bureau is going to make everything that goes wrong stick in your throat, Scott. It's going to make it stick in everybody's throat that's up here, because you have no control. Once you let the first change start, it's done. I just gave you the history of what's happened here because every Board thought, well, it will be good, we'll get a little business. No. When you start placing the wealth of other people, the potential wealth of other people above the well-being of the citizens of this town, it's time for you to go. It's time for you to go. It's time for you to re -assess. This zoning does not just go in back of my house, it could go near your houses. Yours, yours, yours. Everybody's. Not so much because you have a lot of land around yours fortunately, it could go, your house, it could go in anybody's back yard. That's what you are doing. And I will tell you, if it goes in my backyard, I'd better see it going up in yours because I am tired of Peconic being the ones that are privileged with everything that the rest of the town doesn't want to have to view. We have beach with no lifeguard and no swimming because we have a jetty that never gets taken care of for whatever the reason because no decision can be made. We have a dog pound, we have a highway department, we have the police department building, we have all the playgrounds, all the facilities and stuff and they are all wonderful and they are all good and they are all important but they sure aren't much to look at. and we have got a lot of people living in our houses that aren't supposed to be, that are breaking the town codes about who they rent to and how long they rent to and you won't enforce that stuff either. but you are willing to let people come in, tell you what you have to do according to their farm codes and destroy the way of life of the people out here. When people buy a house here, you should give them a piece of paper saying, no matter what happens you are going to pay your taxes, you are not allowed to grieve your taxes anymore and you are not allowed to sell and you are going to follow anything we say and we are going to do anything we want to the property value of your home because that is what you are doing. You took our whole street when you started studying this and you know you are going to put it in, you know you are going to sneak it in somehow, they are going to get it in. There's going to be maybe have to twist somebody's arm but we are going to be the prototype for the rest of the town. It's not going to go down in Southold Town Board Meeting 46 December 16, 2014 Calves Neck, it's not going to go to in any of the fancy places. It's going to go to the working communities and that's what our street has always been, half acre lots. I would like to thank you for your time but I really don't appreciate what you have been doing for us. I do appreciate the fact that your eyes are open. Now all of you know how the vineyards got started and now you know you are doing it again. This Board and you are their lawyer, you had better start getting those books and start standing up for us. You are our lawyer. Protect us, not somebody else's income. SUPERVISOR RUSSELL: Mr. Skabry came up and raised a lot of good questions at the code committee meeting and again tonight, those are answers that we need to figure out. We made it perfectly clear that we are open to all suggestions. You've have basically come up here and indicted us for the last five minutes. AVIS. SKABRY: I have. I have. SUPERVISOR RUSSELL: Incidentally, that proposed airport never came to be. MS. SKABRY: Why? SUPERVISOR RUSSELL: The process works. MS. SKABRY: No. It took two years and it never should have started, it started because of what you're doing right now. SUPERVISOR RUSSELL: The process might be clumsy but it works. MS. SKABRY: It started because the Town Board was like, oh sure. We'll see what we can do... SUPERVISOR RUSSELL: That's not what this Town Board is like. MS. SKABRY: You want to ask Diane Bergmann? It was her house. SUPERVISOR RUSSELL: That's not like what this Board is like. We have not done that.... MS. SKABRY: You are doing it. SUPERVISOR RUSSELL: No, we are not. MS. SKABRY: Prove it. SUPERVISOR RUSSELL: I told you, we are having a discussion about this. MS. SKABRY: Prove it to us. Southold Town Board Meeting 47 December 16, 2014 SUPERVISOR RUSSELL: Well, now you.... COUNCILMAN GHOSIO: The only avenue you are giving us to prove it to you... MS. SKABRY: Is to stop it. COUNCILMAN GHOSIO: Well, which is what you want. Well, there's a lot of other people that might want something else, so... MS. SKABRY: There is another option. How about farmland preservation? Ever think of that? You could preserve that piece of land. It's already near land that has been donated to the town. You could do that. There's an idea. COUNCILMAN GHOSIO: There's a lot of parcels that come in. MS. SKABRY: Well, why not this one though? It would be wonderful because Peconic has done so much for this town. SUPERVISOR RUSSELL: Also, I will mention, your reference of affordable housing before, I believe there was a proposal some years ago for affordable housing for that site and it went over like a lead balloon down there so, we need to find something. We can't just take development rights, they need to.... MS. SKABRY: But you can put a fish farm in my backyard. SUPERVISOR RUSSELL: No, we are looking at all the options. Again, you are making accusations that aren't, it's not fruitful for the discussions now. MS. SKABRY: No, I am making predictions, I am not making accusations. SUPERVISOR RUSSELL: It sounds like it. MS. SKABRY: It's predictions. It's predictions based on past practices. Prove me, prove to me that there's a reason why we keep paying our taxes and coming here and voting, okay? That you are representing us and not the businesses. That's what we need, we need some positive action on the residents behalf not on the potential benefactors of our area. That's it and if you don't like me, Scott, that's tough. You are still a nice guy away from here and I like your kids.... SUPERVISOR RUSSELL: I am not saying I don't, I am just saying you are being unfair in this instance. MS. SKABRY: No, I am not. SUPERVISOR RUSSELL: Because we started the public discussion. Southold Town Board Meeting 48 December 16, 2014 MS. SKABRY: Scott, you wake up and you have fish farm in your mother's backyard, you will see who is unfair. SUPERVISOR RUSSELL: We have made it more than clear that we are willing to take all of the input we get provided, we haven't rushed to anything. Mr. Skabry came to the code committee meeting, brought up a lot of thoughtful ideas that need to be evaluated. This Board has not positioned itself to pass anything yet. We are looking at all the options. MS. SKABRY: You just said they are going to make you put it someplace. SUPERVISOR RUSSELL: Well, we can't be so restrictive as to just put in the marine zones. MS. SKABRY: Put it in the marine zone. That's where it belongs. SUPERVISOR RUSSELL: Well, it's already there. MS. SKABRY: Don't start a new precedent. SUPERVISOR RUSSELL: Mr. Skabry mentioned the industrial zones which might be a good solution. We are looking at all those options. MS. SKABRY: Yeah, the people down by the dump will like it. John Skabry MR. SKABRY: When I read this article, it talks about Henry's Lane, it talks about the substation. It doesn't talk about the whole town. You can see why my wife is beside herself. The only reason we heard about it is, I forgot a neighbor put some stuff in our mailbox but that person remains unidentified. And then we read the article in the paper about it and then we read that it was actually in back of Henry's Lane because this is what was brought up at the work station. How do you think that people, how do you think that I feel about it? SUPERVISOR RUSSELL: Well, we are finding out. MR. SKABRY: Yeah, how would you feel about it? If they said the property in back of whatever street you live on is where they want to put this fish farm? I mean put yourself, you said... SUPERVISOR RUSSELL: That's exactly what we are doing. MR. SKABRY: You said we were indicting you, we are not indicting you. SUPERVISOR RUSSELL: That's exactly what we are doing. We are trying to be sympathetic to all the issues that get raised. This notion that we have this preconceived idea to force this down people's throat is just simply untrue and I would ask you, in my years sitting here, when was the last time I forced legislation down anyone's throat? We have been very thoughtful about Southold Town Board Meeting 49 December 16, 2014 everything we have done. We are listening to all sides, we have taken all of your concerns, we are going to find answers. Maybe we need to find other zones. That's exactly what we are doing. MR. SKABRY: But what Margie has seen is the slippery slope. It's that camels' nose that is under the tent. It's the little cheese that they want to hand out. And then they want to have a party for the hospital and before you know it, you can't make a left hand turn anywhere. It's a slippery slope. I hope that you take 20 years to get through this legislation. I won't be around here in 20 years but I love this town beyond belief. Beyond belief. When I come down that Route 48 and I used to get off of work, come out to Riverhead and come down 48 and I crossed the line into Mattituck, Laurel, it was like a breath of fresh air. I can remember every tree coming down that road. When I was stuck working in East Hampton, I couldn't wait to get off the ferry in Greenport. See my friends, this town has changed. I don't know what we can do about it. COUNCILMAN GHOSIO: My hometown changed too, my friend. I grew up in Lake Ronkonkoma and I have got to tell you something, it's like a metropolis compared to like when I grew up. MS. SKABRY: And that's why you moved. MR. SKABRY: And that's why we have to preserve what we have here. But anyway, you can see why Margie is excited, why I am excited. You put the word Henry's Lane in that same and the town is representing these people that want to bring this proposal forward, your tax money is used, Heather Lanza gets paid by your tax money and she is proposing stuffing this thing in your backyard, that's the way I saw it but I remain calm. I have faith. SUPERVISOR RUSSELL: Maybe it was a good thing that it referenced Henry's Lane for one reason, it allowed people like you to ring the alarm bells and say wait a second, stop and think about this before you move forward. That's the process and that's, we are reaffirming that's all we want to do. MR. SKABRY: Thank you. MS. SKABRY: As angry as I get, Scott, it's only because I am living it. It's the only life I get, I don't get to be a town board person and a dad because I don't want to be. It's just my little uncomplicated life. But the things I come and bring up to you are things that you haven't experienced them. You haven't. And I have and I know how they happen and that's why I bring them to you and I tell you how foolhardy it was in the past and if you, that's why we study history, to learn from the past so we don't make the same mistakes. That is what I am trying to tell you. These are my lifetime things here but you weren't, you were too young to know about. And some of the Town Board members weren't here. You grew up in Lake Ronkonkoma, I grew up in Massapequa, I can't find the street anymore. But this is why we come. It's not to tear you apart. Yes, I get angry and yes, I get upset with you because I am like, why can't you see that you just no. is it really so hard? You just say no to these people like, no, this is not the Southold Town Board Meeting 50 December 16, 2014 job of the Planning Board. The Planning Board does not bring people and trot them out and say, look, there's a nice residential area, it's not big like Calves Neck or something, we'll put it in there nobody will care. And look, nobody comes anymore because.... COUNCILMAN GHOSIO: There are some nights this place is pretty full. COUNCILMAN DINIZIO: Can I comment? Do you mind if I speak? MR. SKABRY: I thank you again and I wish you all peace and a very happy, merry Christmas. A healthy New Year to you, too. And I thank you for working for the town. SUPERVISOR RUSSELL: You, too. COUNCILMAN DINIZIO: I am going to try to be brief. Look, I have been involved for a number of years and I think most people know that. I always scream about the process because process is what makes people comfortable. They know that if there's a process that you go through and everybody goes through that same process, then nobody is surprised by the fact that when someone comes in and wants to do something okay, they're not surprised by it. it all happens the same. In an instance like this, I can tell you in my opinion, Peconic Landing was one similar to this, certainly the Heritage in Cutchogue, very similar. They came in the same way which is here, we have an idea, let's see how the town, let's bounce it off the Town Board first. It's just not supposed to work that way. People are supposed to come in with a plan, what they would like to do, where they would like to do it. They are supposed to go to the Building Department, the Building Department is supposed to say here's what you have to do if you want to do it. Now, he denies that because number one, it's not zoned for it. number two, you have to go to site plan, you have to do subdivisions, you have to do all the things in our code book which is written; that's the plan and everybody knows what that plan is. So you read, you see the process has been not necessarily circumvented but certainly you know, it's not written down. It's not procedural and I can understand why you can get so angry about that. Why you would look at the Board the way you do, okay? But I can tell you from this side, all we are doing now is asking questions. I don't like the way it was presented any more than you do, my preference would have been that they have to do a little bit of work before they come, you know, draw it on a plan and ask the building inspector for a building permit to do it, then the whole process would have been that. Then you would have known specifically what piece of land was being considered, you would have gotten notices because you are right there, okay, you would have been able to comment, all you neighbors would have been able to come, they would have seen the plan that says, shrimp farm in my backyard, okay? They would have all been here because that's how the hearings, when they are done properly, that's how they work. That process will happen here but it's a long way down the road, okay. And this is the reason why I encouraged you before, you have to stick to it. It's the same with the airport thing. You know, the master plan, because I was there at the time, it wasn't let's have an airport. That wasn't the question. The question was, we may need an airport 20 years from now. Where should we put it? That's what the question was. That's why you have a master plan, so you have, so everybody knows where these things are going, they are supposed to think about okay, an airport, should we put it next to houses? Well, no, I don't think so. Okay? So all of those things come into play alright, Southold Town Board Meeting 51 December 16, 2014 when you are doing a master plan and if you follow the master plan, it's supposed to work out wonderful. Of course, you revise it, revise it, revise it, do this, change a zone, all of those things, so listen, I understand perfectly what your position is on .this and honestly, I wish that we would just allow the process to take care of it. Just let our codes take care of it instead of having like you say, an appearance that a town official may be representing somebody coming before the board. You got that impression for some reason, okay. it wasn't something you pulled out of the sky and I certainly don't think there's anything nefarious or illegal going on in concern with that but I certainly understand why you would be uncomfortable about having an employee that works here 7 hours a day, 5 days a week perhaps working against your interest, the taxpayers interest. So I just wanted to say that so you would be clear that I am not necessarily on anybody's side because when I make a decision, it will be my decision. it won't be anybody else's and I will vote the way I want to vote because I have no interest at all one way or the other in this other than. the fact that I want to know what the people think. And when I know that, I will make the decision, you can trust me on that. Sometimes it's good, sometimes it's bad. You know right now I am looking, maybe it's a big building, maybe when they do clean the vents, maybe it does stink, I don't know. I would like to be able to ask that question, you know what I mean? And I would want to know what their answer was. I asked the question about the shrimp tasting room. Why? Because it's not something anybody every considered before yet we somehow have it now and they are not in our code. So it's just, I hope that you stay involved in this and I hope that this goes either the way of the wind or starts following the process that we have in our codes, so that you have the opportunity and your neighbors have the opportunity and you come in and give us your opinion. Thank you for coming, Mr. Skabry. MR. SKABRY: Thank you. SUPERVISOR RUSSELL: Would anyone else like to address the Town Board? Anne Murray, East Marion ANNE MURRAY: Hi, Anne Murray from East Marion. I wanted to follow up on something which has been in the media lately which is the short term rental issue. I know there was a story about you Scott, addressing the Chamber of Commerce about it. Is the town, is the code committee working on this at this point? SUPERVISOR RUSSELL: We had some... MS. MURRAY: Is legislation drafted? SUPERVISOR RUSSELL: We had some discussions, I think the Board, I can't characterize how everybody else feels but I think some of the members of the Board are not exactly sure where we should go, if we should just simply outlaw them or not. What we are trying to do again like any legislation we move on, is we are trying to get community input. I was at the Chamber meeting and I raised the issue there because some of the people are operating these businesses are telling us how good they are for the other businesses, that people come out, they shop at the wineries, they eat at the restaurants, so I went right to the business community and said look, do you perceive these as something that is beneficial to your businesses. And the Southold Town Board Meeting 52 December 16, 2014 room was divided on it. Some felt like they shouldn't be allowed, others felt like they maybe should be allowed but with more regulation, so I said, get a consensus, give ideas to us. Like anything, I can't just rush pell mell to stamp them out. I understand some of the issues you are wrestling with out there but we need to move cautiously. MS. MURRAY: As you know, we mentioned this to you when you came to East Marion this summer that there were actually a lot of places for rent in East Marion very short term and I was just curious if you or any of the other Town Board members have heard from people in their communities that it had been a problem? I know in Greenport there has been talk of party houses and things like that so, I mean, just stepping back and taking a long view, I really think the Town Board needs to take some action or the code committee maybe draft some legislation to regulate this because you could have serious problems down the road. SUPERVISOR RUSSELL: We recognize the growth just from a few years ago till now, then we can envision what it might look like two or three years if nothing is done but this Board has recognized that something needs to be done. Exactly where we are going to go, that's what we are working on now. We referred it to the Housing Commission because they might have some concerns because as housing stock gets bought up by these out-of-towners, okay, so young families might not be able to buy the houses that are on the market anyway but at least maybe they would be able to rent the houses. So it dips into the year round rental supply. The Housing Commission is going over this with a fine tooth comb and we are getting all that input on how to address this. We recognize we have to do something. And as far as input, I get a lot of input from community people. Some don't even have what you would consider a problem, in terms of misbehaving guests. They just don't like it. It's uncomfortable for them to see that type of transient nature of what they think is in a residential area. Particularly when they have their own deeded beach and they see these strangers. They are unnerved by it. They are not complaining because the guy is making noise, that's not the issue. They are just simply unnerved by it and those are some of the issues that we need to address. MS. MURRAY: Is the code committee going to be taking this up any time soon? SUPERVISOR RUSSELL: We are working on it, we had some legislation, I think right now we are at a stage where we are going out, we are getting input from everybody. I am getting input from these owners that operate these, I am getting input from people who manage them for others and obviously we are taking input every day from people who don't like them. MS. MURRAY: So no other Board members have heard complaints? COUNCILMAN DINIZIO: Oh, we have heard complaints. MS. MURRAY: Okay, great. That's what I wanted to know. Because there's a lot of people, I have gotten a lot of feedback from people about it so I think it's, as spring gets closer, I think people are going to be coming to you asking you to take action. Southold Town Board Meeting 53 December 16, 2014 SUPERVISOR RUSSELL: We understand and we recognize that. we want to be, whatever gets passed be up and running by next spring but when we pass that legislation, even if they are currently operating or taking reservations, they would have to cease to exist. If we do away with it, they are not grandfathered in any way. MS. MURRAY: Right. Well, I am not suggesting in any way what you should be doing, I just think you should be doing something. SUPERVISOR RUSSELL: Understood. I would agree. MS. MURRAY: Before spring. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? Please? Mark Moehler Henry's Lane MARK MOEHLER: My name is Mark Moehler, I live on Henry's Lane and so I want to talk about the shrimp farm. SUPERVISOR RUSSELL: Sure. MR. MOELLER: I just bought a house on Henry's Lane. It wasn't easy, it was $400,000 and $6,000 in taxes but I did it because I like the fresh air, I like that neighborhood, so please keep the farm somewhere else. Supervisor Russell SUPERVISOR RUSSELL: Alright. Thank you very much for your input. Anyone else? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:55P.M. El abeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER: William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell