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HomeMy WebLinkAboutTB-01/06/20151. 2. 3. 4. ELIZABETH A. NEVILLE TOWN CLERK N REGISTRAR OF VITAL STATISTICS ; MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING January 6, 2015 4:30 PM Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax(631)765-6145 Telephone: (631) 765 - 1800 southoIdtown.northfork.net A Regular Meeting of the Southold Town Board was held Tuesday, January 6, 2015 at the Meeting Hall, Southold, NY. Call to Order 4:30 PM Meeting called to order on January 6, 2015 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status 1 Arrived Robert Ghosio Town of Southold Councilman Present James Dinizio Jr Town of Southold Councilman Present William P. Ruland Town 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 Supervisor Present Elizabeth A. Neville Town of Southold Town Clerk Present Martin D. Finnegan Town of Southold Town Attorney Present I. Reports Dept of Public Works Monthly Report Zoning Board of Appeals Monthly Report Building Department Monthly Report Special Projects Coordinator Monthly Report Southold Town Board Meeting January 6, 2015 II. Public Notices III. Communications IV. Discussion 1. 9:00 Am - Chief Flatley 2. LL/Amendments to Chapter 275 & 280, Bulkhead Setbacks 3. Motion To: Motion to Enter Executive page 2 RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 9:34AM for the purpose of discussing the following matters: Proposed Property Acquisition(S), Publicity of Which Would Substantially Affect the Value Thereof Labor - Matters Involving Employment of Particular Person(S) Litigation: Kimberly F. Petrie, et al. v. Southold Town Planning Board and New Suffolk Waterfront Fund Sanford Freimann, et al. v. ZBA of the Town of Southold RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 4. EXECUTIVE SESSION - Proposed Property Acquisition(S), Publicity of Which Would Substantially Affect the Value Thereof 5. EXECUTIVE SESSION - Labor - Matters Involving Employment of Particular Person(S) 6. EXECUTIVE SESSION - Litigation 7. Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 11:12AM RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER: Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 8. 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. Southold Town Board Meeting January 6, 2015 RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Motion To: Reconvenes 9:00 AM meeting page 3 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 SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance to the Flag. Thank you. What I would like to do at this point is invite anybody that would like to comment on any of the agenda items to please feel free. (No response) V. Resolutions 2015-54 CATEGORY. Audit DEPARTMENT. Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated January 6, 2015. ✓ Vote Record - Resolution RES -2015-54 El Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Seconder El ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter D ❑ ❑ ❑ ❑ Supervisor's Appt William P. Ruland Voter ❑ ❑ El ❑ ❑ Tax Receiver's Appt Jill Doherty Voter El ❑ ❑ ❑ ❑ Rescinded Louisa P. Evans Mover 2 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A. Russell Voter 10 ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action 0 Lost Southold Town Board Meeting January 6, 2015 page 4 Comment regarding resolution 54 COUNCILMAN RULAND: Mr. Supervisor, I am going to recuse myself from voting on the warrant as there is a conflict of interest between myself and one of the vendors. 2015-55 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 20.2015 at the Southold Town Hall. Southold. New York at 7:30 P. M. ✓ Vote Record - Resolution RES -2015-55 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated 0 Adopted — Yes/Aye No/Nay Abstain - Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Seconder.. 0 ❑ ❑ ❑ ❑Withdrawn James Dinizio Jr Voter 0 ❑ El ❑Supervisor's Appt William P. Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑Rescinded Louisa P. Evans Mover 0 ❑ ❑ ❑ ❑Town Clerk's Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-56 CATEGORY.• DEPARTMENT: Contracts, Lease & Agreements Town Clerk Agreement W/SC Youth Bureau - DARE Program RESOLVED that the Town Board of the Town of Southold hereby amends resolution 2014- 9832, adopted at the December 16, 2014 regular Town Board meeting to read as follows: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the 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, 241-5 2014 through December 31, 2414 2014, all in accordance with the approval of the Town Attorney. ✓ Vote Record - Resolution RES -2015-56 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated Robert Ghosio Voter 0 0 0 0 Southold Town Board Meeting January 6, 2015 page 5 ❑ Tabled James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Withdrawn William P. Ruland Seconder D ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter EI ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P. Evans Voter EI ❑ ❑ ❑ ❑ Rescinded Scott A. Russell Voter D ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-57 CATEGORY. - DEPARTMENT.• Budget Modification Police Dept Police Department -Budget Modification Financial Impact: Reallocation of funds to cover over expended personnel budget lines RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 Whole Fund Town budget as follows: From: A.3130.1.300.100 Bay Constable, P.S. Seasonal Employees/Regular Earnings $5,000 A.3130.1.100.200 Bay Constable, P.S. F -T Employees/Overtime Earnings $6,000 A.1990.4.100.200 Police, P.S. Police Retirement Reserve $160,000 TOTAL $171,000 To: A.3020.1.100.100 Public Safety Comm, P.S. PSD/Regular Earnings $25,000 A.3120.1.100.200 Police, P.S. Police/Overtime Earnings $80,000 A.3120.1.100.400 Police, P.S. Southold Town Board Meeting January 6, 2015 Police/Sick Earnings $41,000 A.3120.1.200.100 Police, P.S. P/T Employees/Regular Earnings $5,000 A.3120.1.300.100 Police, P.S. Seasonal/Temp Employees/ Regular Earnings $10,000 A.3130.1.100.100 Bay Constable, P.S. Bay Constable/Regular Earnings $10,000 TOTAL, 5171.000 page 6 ✓ Vote Record - Resolution RES -2015-57 0 Adopted _. Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter Rl ❑ ❑ ❑ ❑Supervisor's Appt William P. Ruland Seconder El ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑Rescinded Louisa P. Evans Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-58 CATEGORY.• Bid Acceptance DEPARTMENT • Police Dept Accept the Bid to Supply the Town with Police Uniforms RESOLVED that the Town Board of the Town of Southold hereby accents the bid of Rosen's Uniform Company to supply the town with Police Uniforms for 2015 in the amounts indicated on the bid submitted- all in accordance with the Town Attornev. ✓ Vote Record - Resolution RES -2015-58 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Defeated James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P. Ruland Mover El ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P. Evans Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A. Russell Voter 0 0 0 0 Southold Town Board Meeting January 6, 2015 ❑ Town 0 No Action ❑ Lost 2015-59 CATEGORY.• Bid Acceptance DEPARTMENT: Human Resource Center page 7 Accept the Bid ofArshamomaque Dairy Farm, Inc. to Supply the Senior Nutrition Programs with Milk RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Arshamomaque Dairy Farm, Inc. to supply the Senior Nutrition Programs with milk at a rate of .36¢ per'/2 pint and $4.35 per gallon for the calendar year 2015, all in accordance with the Town Attorney. ✓ Vote Record'- Resolution RES -2015-59 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P. Roland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt ❑Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P. Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-60 CATEGORY. Bid Acceptance DEPAREVEN77 Solid Waste Management District Bid on Scrap Tire Removal - Option Year RESOLVED that the Town Board of the Town of Southold hereby accepts the option #1 bid of S&M Tire Recycling, Inc., submitted on December 15, 2014, to supply the town with scrap tire removal services from the Cutchogue Transfer Station in the amount of $1,750.00 per trailer load, all in accordance with the Town Attorney. Southold Town Board Meeting January 6, 2015 page 8 ✓ Vote Record - Resolution RES -2015-60 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Mover 0 ❑ ❑ ❑ ❑Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P. Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P. Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-61 CATEGORY.• Bid Acceptance DEPARTMENT. Solid Waste Management District Bid on Town Garbage Bags RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Waste Zero to supply the town with yellow "town" garbage bags at the prices submitted in their bid received on December 11. 2014. all in accordance with the Town Attornev. ✓ Vote Record - Resolution RES -2015-61 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 Voter 0 ❑ ❑ ❑ ❑Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P. Evans ! Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-62 CATEGORY.• DEPARTMENT: HHW Bid Acceptance Bid Acceptance Solid Waste Management District Southold Town Board Meeting January 6, 2015 page 9 RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Care Environmental Corp. to supply the town with Household Hazardous Waste (HHW) collection and removal services for calendar year 2015-16 at the prices submitted by Care in their bid of December 11, 2014 for the various listed hazardous materials classifications, all in accordance with the Town Attornev. ✓ Vote Record - Resolution RES -2015-62 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Voter D ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter D ❑ ❑ ❑ ❑ Supervisor's Appt William P. Ruland Seconder 0 ❑ ❑ ❑ ❑Tax Receiver's Appt ❑Rescinded Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P. Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-63 CATEGORY.- DEPARTMENT. Sand Rebid Authorize to Bid Highway Department RESOLVED that the Town Board of the Town of Southold hereby rejects any and all bids received on December 18, 2014 pursuant to the bid of sand for ice control for the Town's Highway Department, and be it further RESOLVED that the Town Clerk is authorized and directed to re -hid for the snnd ✓ Vote Record - Resolution RES -2015-63 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Voter D ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P. Roland Mover 0 ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P. Evans Seconder El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Meeting January 6, 2015 2015-64 CATEGORY. Refund DEPARTMENT. Town Clerk Clean Up Deposit - Turkey Trot page 10 WHEREAS the Mattituck-Cutchogue Teachers Association has supplied the Town of Southold with a Clean-up Deposit fee in the amount of $250.00, on October 9, 2014 for their 2014 Turkey Trot and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that this fee may be refunded, now therefor be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of $250.00 to the Mattituck- Cutchogue Teachers Association Cutchogue East Elementary School, 34900 Main Road. Cutchogue. NY 11935. ✓ Vote Record - Resolution RES -2015-64 El Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Seconder D ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter D ❑ ❑ ❑ ❑ Supervisor's Appt ❑Tax Receiver's Appt William P. Ruland Voter D ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 2 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P. Evans Mover El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-65 CATE, GOR Y.• Refund DEPARTMENT. Town Clerk Clean Up Deposit Southold Athletic Association WHEREAS the Southold Athletic Association has supplied the Town of Southold with a Clean- up Deposit fee in the amount of $250.00, on May 15, 2014 for their 5K and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that this fee may be refunded, now therefor be it Southold Town Board Meeting January 6, 2015 page 11 RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of $250.00 to the Southold Athletic Association, 420 Oaklawn Avenue, Southold, NY 11971. ✓ Vote Record - Resolution RES -2015-65 0 Adopted _ _ Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter Rl ❑ ❑ ❑ ❑Supervisor's Appt ❑ Tax Receiver's Appt William P. Ruland Voter 0 ❑ ❑ ❑ ❑Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P. Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ No Action ❑ Lost 0 Lost 2015-66 CATEGORY.• Refund DEPARTMENT: Town Clerk Clean Up Deposit - Stuff the Sleigh SK WHEREAS the Cutchogue Fire Department has supplied the Town of Southold with a Clean-up Deposit fee in the amount of $250.00, on July 1, 2014 for their Stuff the Sleigh 5K and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that this fee may be refunded, now therefor be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of $250.00 to the Cutchogue Fire Department, 260 New Suffolk Road, Cutchogue, NY 11935. ✓ Vote Record - Resolution RES -2015-66 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Voter D ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Mover Rl ❑ ❑ ❑ ❑ Supervisor's Appt William P. Ruland Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Louisa P. Evans Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action 0 Lost Southold Town Board Meeting January 6, 2015 2015-67 CATEGORY.• Contracts, Lease & Agreements DEPARTMENT: Town Attorney No Cost Extension Contract C030245 - NF Trail Scenic Byway page 12 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Request for No -Cost Time Extension between the Town of Southold and the New York State Department of Transportation in connection with a no -cost extension of time extending the completion date of Contract #C030245 (North Fork Trail Scenic Byway Interpretative Signage and Facilities Project) from December 31, 2014 to December 31, 2015, subject to the approval of the Town Attorney. ✓ Vote Record - Resolution RES -2015-67 El Adopted _ Yes/Aye ..... No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio James Dinizio Jr Voter Voter Ef D ❑ ❑ ❑ ❑ ❑ ❑ ❑Withdrawn ❑Supervisor's Appt ❑ Tax Receiver's Appt William P. Ruland Seconder El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Louisa P. Evans Mover Voter 0 El ❑ ❑ ❑ ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Scott A. Russell Voter E1 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-68 CATEGORY.• DEPARTMENT. Performance Bond Town Clerk Release Performance Bond Dike Rehabilitation RESOLVED that the Town Board of the Town of Southold hereby releases the Performance Bonds supplied by Steven M. Mezynieski, Inc and Aegis Security Insurance Company, bond # B 10020640 in the amount of $256,947.50, bond # B 10020637 in the amount of $1,023,514.70. bond # B10020639 in the amount of $437,518.20 and bond # B10020638 in the amount of $374,925.90, as recommended by the Town Engineer, subject to the approval of the Town Attorney. Southold Town Board Meeting page 13 January 6, 2015 ✓ Vote Record - Resolution RES -2015-68 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Voter 0 ❑ ❑ 0 ❑ Withdrawn James Dinizio Jr William P. Roland Jill Doherty Louisa P. Evans Scott A. Russell Voter Mover Voter Seconder Voter 0 0 0 0 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑Supervisor's Appt ❑Tax Receiver's Appt ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Jill Doherty Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P. Evans 2015-69 CATEGORY. • Budget Modification DEPARTMENT • Police Dept PD -Budget Modification Financial Impact: 2014 Police Department donations RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 General Fund Whole Town budget as follows: To: Revenues: A.2705.40 Gifts & Donations $75 TOTAL $75 To: Appropriations: A.3120.2.200.200 Office Equipment/Chairs $75 TOTAL, e'7c ✓ Vote Record - Resolution RES -2015-69 0 Adopted Yes/Aye _. No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Seconder 0 ❑ ❑ ❑ Defeated ❑ Tabled .lames Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn William P. Roland Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P. Evans Mover 0 0 0 0 Southold Town Board Meeting page 14 January 6, 2015 ❑ Rescinded Scott A. Russell Voter p ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-70 CATEGORY• Employment - Town DEPARTMENT, Accounting Appoint Provisional Network & Systems Specialist I WHEREAS the Suffolk County Department of Civil Service has established that there is no eligible list for Network & Systems Specialist I, and WHEREAS the Town Board of the Town of Southold has determined that the Town should fill the Network & Systems Specialist I position for the Information Technologies Department with a provisional appointment, and has received permission from Suffolk County Department of Civil Service to make said provisional appointment, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Zachary Tomaszewski to the position of provisional Network & Systems Specialist I for the Information Technologies Department, effective January 2, 2015 at a rate of $96,628.40 per ve%r ✓ Vote Record - Resolution RES -2015-70 El Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Mover p ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt William P. Ruland Voter p ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter p ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P. Evans Seconder p ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-71 CATEGORY. • Employment - Town DEPARTMENT: Accounting Southold Town Board Meeting January 6, 2015 Appoint Elizabeth Sakarellos FT Clerk Typist ZBA page 15 RESOLVED that the Town Board of the Town of Southold hereby appoints Elizabeth Sakarellos to the position of full time Clerk Typist for the Zoning Board of Appeals, effective January 7, 2015, at a rate of $37,307.36 per year. ✓ Vote Record - Resolution RES -2015-71 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Mover D ❑ ❑ ❑ ❑ Supervisor's Appt William P. Ruland Voter 0 ❑ ❑ ❑ ❑Tax Receiver's Appt Jill Doherty Seconder. 0 ❑ ❑ ❑ ❑ Rescinded Louisa P. Evans Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A. Russell Voter El ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-72 CATEGORY. • Employment - Town DEPARTMENT: Accounting Appoint Diana Whitecavage Full Time Account Clerk Typist RESOLVED that the Town Board of the Town of Southold hereby appoints Diana V. Whitecavage to the position of a full-time Account Clerk Typist for the Accounting & Finance Department, effective January 2, 2015, at a rate of $53,656.93 per year. ✓ Vote Record - Resolution RES -2015-72 0 Adopted Yes/Aye No/Nay 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 ❑ ❑ ❑ ❑ Rescinded Louisa P. Evans Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action 11 Lost Southold Town Board Meeting January 6, 2015 2015-73 CATEGORY: Budget Modification DEPARTMENT. Solid Waste Management District page 16 SWMD Budget Mods Financial Impact: Redistribute appropriations to cover year-end shortfalls; includes moving former comingled trucking approprations to 'Single Stream' appropriations. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 Solid Waste Management District budget as follows: RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 Solid Waste Management District budget as follows: From: SR 8160.1.200.100 (Part Time Emp. Regular Earnings) $ 5,480 SR 8160.4.400.300 (Public Information/Printing) 1,500 SR 8160.4.400.810 (C&D Disposal) 5,875 SR 8160.4.400.820 (Co -mingled Trucking) 16,675 TOTAL: $29,530 To: SR 1490. 1. 100. 100 (Admin. Emp. -Regular Earnings) $ 910 SR 8160.1.100.200 (Full Time Emp. — Overtime Earnings) 105 SR 8160.4.100.500 (Motor Vehicle Glass) 305 SR 8160.4.100.551 (CAT 966) 15 SR 8160.4.100.609 (RCA Blend) 1,650 SR 8160.4.200.400 (Water) 1,000 SR 8160.4.400.700 (Copy Equipment Rental) 55 SR 8160.4.400.817 (C&D Trucking) 9,300 SR 8160.4.400.836 (Single Stream Trucking) 12,600 SR 8160.4.450.300 (Informational Brochures) 480 SR 9030.8.000.000 (Social Security Benefits) 680 SR 9901.9.000.000 (Transfers to Health Plan) 2,430 TOTAL: $29.530 ✓ Vote Record - Resolution RES -2015-73 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Defeated .lames Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P. Ruland Mover 0 ❑ ❑ ❑ 0 Withdrawn Jill Doherty Voter Rl 0 ❑ 0 Southold Town Board Meeting January 6, 2015 page 17 ❑ Supervisor's Appt Louisa P. Evans Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Abstain 2015-74 CATEGORY. • Contracts, Lease & Agreements DEPARTAIENT. Recreation Hire Recreation Program Instructor Resolved that the Town Board of the Town of Southold authorize and direct Supervisor Scott A. Russell to execute an agreement with the following individual for a Winter 2015 Recreation Program, all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the Recreation Department's 2015 instructor line A7020.4.500.420. Christine Watts (Youth theatre moaram) $30/hour ✓ Vote Record - Resolution RES -2015-74 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P. Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter D ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P. Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter 21 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-75 CATEGORY. Attend Seminar DEPAREVENT. Information Technology OEM - Debris Management Planning Southold Town Board Meeting January 6, 2015 page 18 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Lloyd Reisenberg and Jim Bunchuck to attend a seminar on Debris Management Planning in Yaphank, NY, on January 12, 2015. All expenses for registration, travel to be a legal charge to the 2015 budget (meetings and seminars). ✓ Vote Record - Resolution RES -2015-75 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P. Roland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P. Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-76 CATEGORY.• DEPARTMENT.• Committee Resignation Town Clerk Resignation from Transportation Commission RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Robert Feger from the Transportation Commission, effective immediately. ✓ Vote Record - Resolution RES -2015-76 0 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. Roland Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P. Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-77 Southold Town Board Meeting January 6, 2015 CATEGORY. Budget Modification DEPARTMENT Human Resource Center 2014 Budget Modification - HRC Financial Impact: to cover over expended lines page 19 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 General Fund Whole Town Programs for the Aging budget as follows: From: A.6772.1.200.100 Part Time Regular Earnings $16,896 To: A.6772.1.100.100 Full Time Reizular Earnings $16.896 ✓ Vote Record - Resolution RES -2015-77 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Voter El ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P. Ruland Seconder 0 ❑ ❑ ❑ ❑Tax Receiver's Appt ❑ Rescinded Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P. Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-78 CATEGORY: Budget Modification DEPARTMENT: Accounting Create Capital Budget for Police Storage Building Financial Impact: Create Capital Project for Police Storage Building WHEREAS the Town Board of the Town of Southold adopted a 2015 Capital Budget which includes a $51,500 appropriation for the Police Department Storage Building, and WHEREAS the Town's Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund, now therefore be it Southold Town Board Meeting January 6, 2015 page 20 RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Project in the 2015 Capital Fund: Capital Project Name: Police Storage Building Financing Method: Transfer from the General Fund Whole Town Budget: Revenues: H.5031.34 Interfund Transfers $51,500 Total $51,500 Appropriations: H. 1620.2.500.875 Buildings & Grounds Capital Outlay Police Storage Building $51,500 Total $51,500 ✓ Vote Record - Resolution RES -2015-78 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Voter El ❑ ❑ ❑ ❑Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P. Roland Mover El ❑ 13 ❑ ❑ Tax Receiver's Appt ❑Rescinded Jill Doherty Voter 2 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P. Evans Seconder El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter El ❑ ! ❑ ❑ ❑ No Action ❑ Lost 2015-79 CATEGORY.• Budget Modification DEPARTMENT.Accounting Create Capital Budget for DPW Dump Truck Financial Impact: Create Capital Project for DPW Dump Truck WHEREAS the Town Board of the Town of Southold adopted a 2015 Capital Budget which includes a $48,500 appropriation for the DPW Dump Truck, and WHEREAS the Town's Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund, now therefore be it Southold Town Board Meeting January 6, 2015 page 21 RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Proiect in the 2015 Capital Fund: Capital Project Name: DPW Dump Truck Financing Method: Transfer from the General Fund Whole Town Budget: Revenues: H.5031.85 Interfund Transfers $48,500 Total $48,500 Appropriations: H. 1620.2.200.200 Buildings & Grounds Capital Outlay DPW Dump Truck $48,500 Total $48,500 ✓ Vote Record - Resolution RES -2015-79 El Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Seconder El ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Supervisor's Appt William P. Ruland Voter D ❑ ❑ ❑ ❑Tax Receiver's Appt ❑Rescinded Jill Doherty Voter Rl ❑ ❑ ❑ ❑Town Clerk's Appt Louisa P. Evans Mover D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-80 CATEGORY. Employment - Town DEPARTMENT.- Accounting Appoint Jessica Michaelis Clerk Typist RESOLVED that the Town Board of the Town of Southold hereby appoints Jessica Michaelis to the position of Clerk Typist for the Planning Department, effective January 12, 2015, at a rate of $37,307.36 per near. ✓ Vote Record - Resolution RES -2015-80 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Mover p ❑ ❑ ❑ ❑ Defeated James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Tabled William P. Ruland Voter EI ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter ❑ 0 2 0 Southold Town Board Meeting page 22 January 6, 2015 ❑ Supervisor's Appt Louisa P. Evans Seconder 10 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Comment regarding resolution 80 COUNCILWOMAN DOHERTY: I am not ready to vote on this, so I will abstain. 2015-81 CATEGORY.• Advertise DEPARTMENT. Town Clerk Advertise for Position of Town Attorney RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to ndverticp far recnmec for the fiill-time navition of Town Attarnev_ ✓ Vote Record - Resolution RES -2015-81 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Seconder D ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Mover El ❑ ❑ ❑ ❑Supervisor's Appt William P. Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt ❑Rescinded Jill Doherty Voter 2 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P. Evans Voter El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-82 CATEGORY. Contracts, Lease & Agreements DEPARTMENT: Town Attorney Retain Abatelli Realty - Appraisal of 630 Pike Street, Mattituck RESOLVED that the Town Board of the Town of Southold hereby retains Abatelli Realty, to prepare an appraisal of the property located at 630 Pike Street, Mattituck, SCTM #1000-140-3-5, Southold Town Board Meeting January 6, 2015 page 23 in accordance with its Proposal dated December 27, 2014, at a cost not to exceed $425.00, subiect to the approval of the Town Attornev. ✓ Vote Record - Resolution RES -2015-82 0 Adopted Yes/Aye No/Nay 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 ❑Rescinded Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P. Evans Voter El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost ❑ Lost 2015-83 CATEGORY.- DEPARTMENT: Employment - Town Town Attorney PBA Stipulation of Agreement - Rates and Approve RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Stipulation of Agreement between the Town of Southold and the PBA dated December 18, 2014 establishing the terms of a successor Collective Bargaining Agreement for the period January 1, 2014 to December 31. 2014. ✓ Vote Record - Resolution RES -2015-83 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr William P. Ruland Voter Mover 0 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑Supervisor's Appt ❑Tax Receiver's Appt ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P. Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-84 Southold Town Board Meeting January 6, 2015 CATEGORY.• Litigation DEPARTMENT: Town Attorney Retain Frank Isler, Esq., Special Counsel - New Suffolk Waterfront Fund & PB page 24 RESOLVED that the Town Board of the Town of Southold hereby retains Frank A. Isler, Esq. as Special Counsel in the Supreme Court, Suffolk County civil action entitled "Kimberly F. Petrie, et al. v. Southold Town Planning Board and New Suffolk Waterfront Fund, Inc." under Index No. 14-24305. ✓ Vote Record - Resolution RES -2015-84 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑Tabled Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter 0 11 ❑ ❑Supervisor's Appt William P. Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P. Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ No Action ❑ Lost 0 Lost 2015-85 CATEGORY: DEPARTMENT. Employment - Town Accounting Appoint Tracey Dwyer Clerk Typist RESOLVED that the Town Board of the Town of Southold hereby appoints Tracey Dwyer to the position of full-time Clerk Typist for the Building Department, effective January 7, 2015, at a rate of $37,307.36 per year. ✓ Vote Record - Resolution RES -2015-85 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P. Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter El ❑ ❑ ❑ ❑ Rescinded Louisa P. Evans Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action 0 Lost Southold Town Board Meeting January 6, 2015 2015-86 CATEGORY.• Budget Modification DEPARTMENT: Accounting Create Capital Budget for Passenger Van Financial Impact: Create Capital Project for Passenger Van page 25 WHEREAS the Town Board of the Town of Southold adopted a 2015 Capital Budget which includes an appropriation for Central Garage for a Passenger Van, and WHEREAS the Town's Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Proiect in the 2015 Capital Fund: Capital Project Name: Passenger Van Financing Method: Transfer from the General Fund Whole Town Budget: Revenues: H.5031.85 Interfund Transfers $30,000 Total $30,000 Appropriations: H.1640.2.300.200 Central Garage Capital Outlay Automobiles $30,000 Total $30,000 ✓ Vote Record - Resolution RES -2015-86 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 ❑ Tax Receiver's Appt William P. Ruland Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P. Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Meeting page 26 January 6, 2015 2015-87 CATEGORY. Authorize to Bid DEPARTMENT. Town Clerk Authorize to Bid Truck for DPW RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to advertise for the purchase one (1) 2015 3500 truck for use by the Department of Public Works. ✓ Vote Record - Resolution RES -2015-87 0 Adopted - - Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Voter El ❑ ❑ ❑ ❑Withdrawn James Dinizio Jr Voter D ❑ ❑ ❑ ❑ Supervisor's Appt ❑ Tax Receiver's Appt William P. Ruland Seconder El ❑ ❑ ❑ ❑Rescinded Jill Doherty over D ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P. Evans Voter El ❑ ❑ ❑ ❑Supt Hgwys Appt Scott A. Russell Voter a ❑ ❑ ❑ ❑ No Action - _.. .. - ❑ Lost VI. Public Hearings None Closing Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: That concludes the business of the agenda. I am going to invite anybody that would like to address the Town Board on any issue to please feel free? George Viola, Henry's Lane, Peconic GEORGE VIOLA: My name is George Viola, I live on Henry's Lane. I have been a year round resident since 1982. I haven't had a chance to come to the Board meetings and that is my fault, I apologize for that. I did not attend the December 16 meeting at which point there was a proposal discussed about shrimp/fish farm on our road. Notice tonight that we have a few other people from Henry's Lane and basically my contention is that the petitioner as of now still does not own the property in question, that is contingent upon having the Board, having the Town make the necessary changes so that person can build a structure, have his business. But what I think is lost Southold Town Board Meeting page 27 January 6, 2015 here is that the homeowners have a right for quality of life, protection of their property. The petitioner can do what he wants somewhere else. If he keeps coming back to the Board to try to have this changed or that changed, I can't see how he is thinking of the area as a whole. That's where I am coming from, is that there are other places, it's more advantageous, it does not impact adversely to the surrounding homeowners, that's basically where I am at this point. So, again, just something that I felt strong enough to come and speak with you tonight. SUPERVISOR RUSSELL: Let me just clarify, as I tried to do a couple of weeks ago. There's no specific proposal for that specific property. The conversation we had with the applicants, and there is no applicant yet because they haven't applied for anything on any parcel, was this is the business model they want to adopt and they need to find a location for it in Southold Town. We had a work session, so they could come in and show the Town Board the type of business model they want to pursue. At that meeting, a Town Board member asked a question, do you have any specific properties in mind? It was an inappropriate question to ask and the Board member was reminded that we need to look at the use and the zoning that would best fit for that use. We had a meeting, we discussed all the zoning in Southold Town and where would be a good location, where to site these types of operations. We have to do something because New York State has instructed us that these are protected agricultural practices by New York State law. In other words, you can't zone them away. You need to find a home for them somewhere. As of right now, that particular parcel is zoned residential, like all of the other zoning that was discussed, it was one that was on the table for that specific property, for that specific zoning. I personally don't envision a scenario where fish farms are going to be allowed in residential zones but we had to have a broad discussion. MR. VIOLA: As I said, I came here tonight because a reasonable person would say not here. Not here. I thank you for your time. Nancy Sawastynowicz, Cutchogue NANCY SAWASTYNOWICZ: Good evening. Nancy Sawastynowicz, Cutchogue. We need strong leadership to protect the North Fork. After a review of the proposed changes, a local law in relation to the amendments to Chapter 219, shellfish and other marine resources and Chapter 280, zoning in connection with aquaculture uses. I strongly am against the uses in 280 and 13 which are A., the aquaculture operation shall be on a parcel that is at least 5 acres owned by the agricultural operator. B. the structural uses for aquaculture opportunities shall be setback a minimum of 100 feet from any property line. My question is why the town would consider to do a code amendment to a residential two acre lot size in a highly developed residential zone. Mr. Russell, you stated on December 16, 2014 Town Board meeting, New York State said we must have, you just said it again, we must have a, wait a minute, he said we have to have a shrimp farm. What law are you talking about? I would like to see it because I have their law right here and it doesn't say anything like that. SUPERVISOR RUSSELL: First of all, we do not have to put it in a residential zone but we have to accommodate for it in the code.... MS. SAWASTYNOWICZ: Where are you getting this from? Southold Town Board Meeting page 28 January 6, 2015 SUPERVISOR RUSSELL: Ag and markets Chapter 25 A -A. We actually have it (inaudible) already issued to Southold Town by a gentleman named John Ruznicka, who has already told the town that this is a protected practice. But understand, it does not mean that we have to let it in a residential zone. We are discussing all of the zoning available in the town and try to determine where the best home would be for these types of operations. If you objection is to the use, I don't think we can prohibit in code. If you objection is to specific zoning, that's something that the town more than likely will consider. MS. SAWASTYNOWICZ: I have the New York State law on the right to farm and I don't see where they say we have to do this but I will continue my written statement. I would like to see what law you are talking about. You said 25 A -A? SUPERVISOR RUSSELL: No, article 25 A -A of ag and markets law. MS. SAWASTYNOWICZ: Okay. I have a copy of the new use New York State ag and markets law, 308 which doesn't have, says nothing about that. By changing this code for one property, you will be changing agriculture zones all over the North Fork. So really, it is such a large impact on our real farmland that if someone has at least 5 acres next door to them at any, next door to anyone in this town, they could put up a 270 feet long, 54 feet wide, 20 foot high with odors, flies, rodents, trucks in and out all the time and stored salt water for a fish farm for shrimp. Before this town should even consider changing our zone code, I would visit the fish farm on the south fork in the heat of the summer to get a good whiff. Do any of you on this Board know about GMO's? SUPERVISOR RUSSELL: No. Please feel free. COUNCILMAN GHOSIO: Genetically modified.... MS. SAWASTYNOWICZ: Yes, genetically modified organisms. That's what they feed these fish and shrimp, is a toxic, it's got fuel oil, no roundup in it. It's genetically modified seeds that they are growing to feed these shrimp and fish farms. It is very unhealthy and I don't eat it. And also, this particular land, it has a native fresh -water pond. It's in a natural recharge area for the water. Does everybody on the board know what a recharge is? So, that should be taken into consideration. This is a very important piece of land there. In the New York right to farm law, 308, it states agriculture practice shall not constitute a private nuisance. I am sure everyone on Henry's Lane next door to the proposed area are really annoyed now just hearing what this town wants to do for their neighborhood. Your quote, Mr. Russell, it's a protected operation, we need to site it somewhere. It is not the way our Town Board should represent this town. This is why we have the code. We would be the only town in New York State to have the first indoor shrimp farm. All the fish farms in this state are in industrial zones. Why is that? It seems this code change is tailor made for the Celestial shrimp farm. This board should think long and hard before a code amendment change can be added to the demise of the North Fork. And I would like, I know a lot of people are nervous to speak up here, I am one, so everybody that's against it, would you please raise your hand? Thank you. Southold Town Board Meeting page 29 January 6, 2015 SUPERVISOR RUSSELL: I appreciate the call to arms. If you watch the December 16 meeting in its entirety, I told you that one of the suggestions was in the industrial zones and I said that's a very good idea and something we'll have to have a look at. Under the current zoning, the marine zones are too restrictive, so we need to find a home. We are also discussing perhaps increasing the acreage requirement to 10 acres to mitigate the impacts on neighbors. But again, I am going to repeat one more time, there's no specific proposal for that specific property. A Town Board member casually asked a question, do you have a parcel in mind? It was not an appropriate question. They said, we were looking at that piece and they mentioned up in Peconic. If there's a good, if there is a silver lining to that conversation, it made people understand that there's discussion taking place about these operations. We need to find zoning for them where they work. We just simply can't prohibit them in the zoning. MS. SAWASTYNOWICZ: Why do we have to fight it? Our code protects against it. Why do we have to find someplace for that? It's not allowed. SUPERVISOR RUSSELL: It is an agricultural practice. It is protected by New York State ag and markets law. MS. SAWASTYNOWICZ: It's aquaculture, it is not agriculture. SUPERVISOR RUSSELL: Aquaculture is agriculture under New York State law. And let me caution, if we do nothing, New York State can come in and impose their will. The commissioner of agriculture and markets can come in and impose his will to tell us to accommodate it in the code. MS. SAWASTYNOWICZ: I am so sick of this town. SUPERVISOR RUSSELL: What we would like to do is exercise some local control so we can mitigate impacts on all neighborhoods. MS. SAWASTYNOWICZ: Well, then get (inaudible) industrial zone. I am so sick of this town saying, we have to give them something (inaudible) up on the Sound where I used to live, they said we have to give them something. The guy had a house 15 feet from the Sound, he was allowed to keep it with air conditioning, a stove. It happened right in front of my house now in Cutchogue. We have to give them something. He had.... SUPERVISOR RUSSELL: That's not what we are saying. That's not what we are saying. We don't have to give them something, we have to accommodate that use in the code. MS. SAWASTYNOWICZ: Inaudible. COUNCILWOMAN DOHERTY: Scott, may I? SUPERVISOR RUSSELL: Yes, please. Southold Town Board Meeting page 30 January 6, 2015 COUNCILWOMAN DOHERTY: I am the one in that work session, I asked if they had a property in mind, not so much for the address of that property but for the zoning of the property. This couple came in and asked if we would consider changing zones to allow aquaculture and the reason why I asked was because i was thinking I don't want to change the code to allow in residential zoning for this very reason. How it impacts the residents, and again, Scott, what Scott said. They came in for a casual conversation to us, we are looking into it. It just so happens that this property address was mentioned and there was no application for this property, there's no application for any change of zone. This is something the code committee is considering in broadening our marine zoning to add aquaculture where we feel and we're, we welcome your comments, where the public feels this type of business would be livable for everybody. So I can tell you know that I did not want to change it into a residential zone, so I don't know how the rest of the Board feels but we are in the process of discussion, there's no application yet. SUPERVISOR RUSSELL: I don't want to speak for the whole Board but I can tell you from my perspective, I can't envision supporting any law that would allow the use in a residential zone. R-40, R-80, R-400 and I think we have an R-800 maybe. But that said, I can't ignore the use, oh, I need to find a home for it, maybe the industrial zoning is a good thing. Those, you know, we are doing fact finding. We are trying to learn about the operation, learn about the process and the impacts before we find a home for it, before we find zoning for it. It is not a question of giving somebody something, it is a question of saying, New York State says, look, you need to accommodate for this somewhere. That's exactly what the discussion is. We had a code committee meeting, one gentleman that lives up in that area had a lot to say, I invited him to the table, he was as participatory in the discussion as anybody so, it's a process, it involves the community, it involves a lot of thought, we are not rushing pell mell into anything. George? George Aldcroft, Peconic GEORGE ALDCROFT: George Aldcroft, I did get a chance to read your original draft and I think that's what threw a lot of people away, when it began to say residential and from two acre into ten acre because all of a sudden I hear you changing the code and to change the code, to begin allowing business in residential areas completely destroys the whole purpose of why we have zoning in, you know, you figure agricultural needs to be here and we put what, the right to farm act in because you had people who moved out here from the city and says, oh, there's a pig farm next to me and it stinks, you need to stop that. No. You move, you buy a piece of property next to a farm, this is what part of farming is about. When you buy residential property, you figure I am buying it and unless you don't come to check the zoning board or whatever where you are buying your home, you buy in a residential area, you expect it to stay residential. And this is why we have the code in there with no buildings and anything else on the property and the way that this was phrased in the draft, it looks like, oh, okay, if that went through, okay, people could begin putting two or three parcels together and I don't know if you got it, I wanted to go online because I wanted to know the bit about shrimp farming, I have a fish tank at home which I have had for years. I know you need that water clean if you are going to do anything but the size of the containers they have to have and what they have to do and how much water and the filtration and what you do with the waste becomes a very, very important issue. And so that's, I have got one site that will be very good for you to take a look at. but I also wanted to go through to see where the town has been on our water quality and what we are concerned about in our town and one, when you go to the 2020 comprehensive plan, community character, we needed to Southold Town Board Meeting page 31 January 6, 2015 do some things about review our town code to determine the appropriateness of structures and landscaping. I don't know if we have done that. Also consider implementing the guidelines specified by the Suffolk County farmland committee greenhouse structures. We need to take a look at the types of structures we are going to have and approve the application process which I have for you, we don't have. I also then wanted to go through our natural resources and environment. The biggest thing we are most concerned about out here is our water and when you go through that, it is interesting to see the areas and I am not just because it happened to be you know, the area in Mill Lane and Peconic Lane, that's right in the specific area that when I go through all of the protected restored New York State Department of Environmental Conservation they have designated CEC sites, well, you take a look at, I brought you copies. There's a large area in our town that is supposed to be protected and there is a large area in the same thing that they go over all of our wetlands and how they are supposed to protect them. And so one of the things I'm afraid that we are now going to allow, I am not saying we should never have shrimp farming, I am not saying I am against it but I am saying before we open up the bucket, I think we need to have some sort of coding that this is what can be built, this is what can't be built and this is where it cannot be built and you can't just open it up and say we are going to allow the farming with no restrictions before we put it in place. SUPERVISOR RUSSELL: That's exactly what the code is doing. That is exactly what this process is about. It's trying to... MR. ALDCROFT: You can see why people got afraid. Because when the draft comes out that says this is going to be in residential and we don't have necessarily codes... SUPERVISOR RUSSELL: And I clarified that two weeks ago, time and time again. MR. ALDCROFT: But I don't know how much it got out to the public, you know? And then the other thing is that I went to this site and it's very interesting because what people can do on five acres of property and I don't know if we want or I think we need to decide how we want this area to look like. Most of them you are going to say you are going to have to have something like th is. This is a great site to go they also have a wonderful video to watch about what you need to do, these two young gentlemen started it in Maryland, they have a 500 acre property and you see many things on the internet, wow, you ought to start shrimp farming, all I have to do is get a little tub in my backyard and they started it, it sounds so great but then we need to be aware of what happens to the waste. I have the fish tank, I know I have to clean it, I have to, what do we do here, what do we do with the water that is needed? I think we need to do a lot of studying before we open up and say, oh, come on in and do it. And if we did that then maybe we could then decide where are some good places to put it, how many can we allow in the town? But our water quality is critical in the town and we need to be worried about it and that's the whole thing when we did the 220 study of our environment. Number one is our water. SUPERVISOR RUSSELL: I agree, George. But understand, if you are going to look at the comp plan 2020, there's several chapters to that plan. One is the agriculture chapter that's designed to promote aquaculture in Southold Town. The Agricultural Advisory Commission reviewed this type of use.... Southold Town Board Meeting page 32 January 6, 2015 MR. ALDCROFT: Scott, I know that but I am afraid that if we don't have codes in place before we allow it.... SUPERVISOR RUSSELL: That's what we are doing. MR. ALDCROFT: Then you go through farms like we did with some of the vineyards. SUPERVISOR RUSSELL: That's what we are trying to do. That's what we are trying to do. We are trying to craft design standards, we are trying, lot acreage, all those things to mitigate impacts. That's exactly what we are trying to do with that code. But I have to tell you and you guys know me, when's the last time we passed a code around there that was streamlined to any degree whatsoever? It's a large part of a large community discussion before anything gets done. MR. ALDCROFT: But you know what, inaudible, to come and mention at the board... SUPERVISOR RUSSELL: Absolutely. MR. ALDCROFT: Because there was a draft that was presented that showed residential and was being presented before we had basically any codes or concerns about our water quality and where the areas that nothing should be built because of the water. SUPERVISOR RUSSELL: Fair points. COUNCILWOMAN DOHERTY: Sometimes our process is that we ask the Attorney's to draft up a broad code to get the discussion started and then we start and we weed out and we discuss and that's how we started this one and I could see how it scares the community, like, whoa, wait a minute, they are going to do all this. Just be reassured that all of us here are doing our homework on this and there will be many more discussions before we put a draft before public hearing. And a draft will go before public hearing and it will be a draft and we can make changes after that as well. COUNCILMAN GHOSIO: I think it's safe to say that there's a lot of people that didn't like the first draft. SUPERVISOR RUSSELL: Yes. It's all part of the process. But you know, code committee meetings are informal. They are informal. I run them in a very informal fashion, so if people want to show up and participate in the process, they are welcome to. All code committee meetings are noticed. You know, those are the informal components when we have something we think is ready for public hearing, public draft, we bring it back to the board and then notice it. It will be subject to a new public hearing. But code committee meetings themselves are very informal and we welcome everybody's participation and input. Whether you can make it to the meeting, whether you want to give us something in writing, we always make sure it's always part of the record. Ron Rothman Southold Town Board Meeting January 6, 2015 page 33 RON ROTHMAN: Supervisor Russell and Board, thanks for taking this under consideration. I think you're sort of on the right track considering what the community feels and what, the town has gone to a lot of time and effort and money and now that money was taxpayer money to come up with master plans which sort of reflect zoning. And zoning when you put a zoning in an area as a residential zoning, the people invest in that property, they invest in their life and their future based on that zoning. And these people are expecting it to be a residential area, to come in and change zoning which doesn't seem like it's on the table, if you are taking the right track, you can't change, go back and tell these people we are going to put an industrial area next to you. Henry's Lane, trying to figure out this property and where it comes out on Mill Lane, it will only add to noise levels, disposal of waste at the head of a watershed that goes all the way down to Goldsmith's Inlet and the traffic on Mill Lane, it's gonna affect it. Now, there's a time and a place for everything and I think the time might be to promote things like aquaculture in terms of the promoting businesses that bring jobs and a viable source to our community, now the time and the place, this is not the place for it. It might be the time and it might not be a maritime zoning issue because that is a limited resource. If this is really an industrial business, this is a manufacturing plant that would probably be best suited to be used in a light industrial zoned area, it has enough space and in an area that is pre -determined to be this (inaudible) zoning. And we have the zoning in place, to think that it can be changed that frivolously and easy, you are saying is not necessarily the case and I don't think it can be but the fact that somebody proposes it and even thinks about it, look at all these people h ere, they would be the ones that would have to live with that and I think that it would be a big mistake to even consider it, which it doesn't seem like it's on the table to do but it should be kept in mind. Thank you. SUPERVISOR RUSSELL: Thank you. Leroy? Leroy Heyliger, Mattituck LEROY HEYLIGER: Good evening. I am Leroy Heyliger, I live in Mattituck. I just want to start the new year off with thanking the board for completing the work on the passageway from the Cottages down to across the railroad track on Factory Avenue. You know, this past summer, there was a veteran that was visiting at the Cottages. He has lost both legs and he was in a wheelchair and he had difficulty getting across that railroad track. He had to go out in the street and I am sure that when he comes out this year, if I see him again, he is going to be really grateful as I am to the board for getting this accomplished for us. Making a safe passageway down to the shopping center and I wanted to thank Mr. Ruland and the Highway Superintendent for expediting that work and getting it done before the winter, before the asphalt plants closed and I just wanted to thank the board in that regard. Thank you. COUNCILWOMAN DOHERTY: Thank you for staying on top of it. I know it took a long time. COUNCILMAN RULAND: As I told you before Leroy, the paint is coming in the spring. It is too cold to paint. Gary Stroud GARY STROUD: My name is Gary Stroud, I live at 480 Soundview Avenue West, its right off of Henry's Lane. My wife and I moved out to beautiful, bucolic Peconic 12 years ago, out of Southold Town Board Meeting page 34 January 6, 2015 Brookhaven because we were driven out by all the industrialization and commercialization. We love where we live, we don't want to have to move because of a change of zoning that is going to impact negatively our way of life here. Now, I love beer and I love shrimp but had they put the Greenport Harbor Ale where the proposed, which I hope for sure is now rest in peace, they are not going to put the shrimp farm there, I'd be here speaking against that but if you put that commercial place in the old Ford place which is the perfect place to put business in a place that is zoned for businesses, to put anything in this particular area which is so environmentally sensitive, it is just unconscionable. It is unfair to all of us who live there and I am hoping that you will continue to realize this is a horrible idea and this is the last we are going to hear of this. Thank you so much for your time. SUPERVISOR RUSSELL: Sure. Who else would like to address the Town Board? Anybody? If, please? Mary E. Curry II, Cutchogue MARY CURRY: Good evening. My name is Mary Curry, I live in Cutchogue. Happy New Year everybody. I actually wasn't going to speak tonight but there were a couple of things that really bothered me and who comes to Town Hall and doesn't speak up? I mean, actually, when I was invited here today, I really, my brain started working differently, I started thinking more about my community, what I really live here for. Instead of bitching like I tend to do, even in my own head, I take a little bit of offense that you think Mrs. Doherty's question to this, these people was inappropriate. I would totally want anyone on this town board to ask every single question of anyone that was coming into our town with a business. Do you have a location in mind? That's just like a normal question you would ask anybody who is even looking at properties out here period. I have lived here permanently now nine years. My family has been out here for many years and the changes that I have seen in nine years is just, it's heartbreaking. And I didn't move here as an environmentalist, I didn't move here knowing that you know, my loud music affects the birds, affects this, affects that. But when I first moved to the street that I live on in Cutchogue I went outside of my house and it's pitch black dark and you could hear all these owls, whoo whoo, whoo whoo and I would tape it every night which is like incredible. Incredible. There's one owl left. One owl. Last year there were two. You could hear it across the water at Nassau Point. One owl this year. That's so sad. But on the weekends you can hear all kinds of partying and stuff, which I think everyone who comes out here and loves it out here, has the same exact opportunity to change and take care of where we live. I love opening our doors to people from the city, it was me, but I didn't know any better. I used to throw my cigarettes on the beach, you know, now it just takes locals to inform somebody that doesn't know. Doesn't know to not throw their garbage, you know, at the garbage can at the beach, things like that. Mr. Russell, I am sorry and I think that you work really hard, actually, my family loves you .... SUPERVISOR RUSSELL: Well, one family does in the Town, that's good to hear. MS. CURRY: No, I mean, I wouldn't want your job. I wouldn't want your job. But I see something in this town that I think people do, we all love our lifestyle, we all love it. that's the word that you hear when it's connected to preserving our way of life and what I think that we would benefit greatly from is just how we all communicate. It's great, yeah, everybody's Southold Town Board Meeting page 35 January 6, 2015 welcome to come to the meeting. Honestly, most town people don't really even know what's going on here. I mean, in terms of even knowing about town hall. There are ways that I think we can come together as a community a lot better, especially our seniors. I mean there should be a driving program. When I was in high school, there was a super senior triple coupon day on Tuesdays and the bus would take seniors for coupon day at the local pharmacy. How can you possibly pass a, consider what the community really wants like in,terms of shrimp or anything, if, if we are not all coming together for our common, same goal. When we had the voting for the night skies, the dark skies, that was so cool. Everybody showed up, we all want a dark sky. I think we all want, I definitely want to stay here and not hear wind blowers or leaf blowers. I mean for like three days a week, starting on Thursday, Friday and Saturday, that's pretty much all that I hear now and I hope that, I hope that, I hope that things change in this town and that's all. In a way that people can just come together more. SUPERVISOR RUSSELL: Let me just clarify from my, the reason I said the question was inappropriate isn't because it should be a secret but because when you are looking at uses and you are trying to, you need to look at what zoning do those uses belong in? You really shouldn't look at a specific parcel and then try to shoe horn it, that's tantamount to spot zoning. What we need to say is, what are the uses, what are the consequences and where can we mitigate those consequences or what would be the most appropriate location for those uses. Like any use under the code, whether it is agriculture or not. MS. CURRY: Okay, so I guess I am more of an idealist, I went through Riverhead the other night and I had been going like this for the last year and a half literally closing my eyes and I forgot to close my eyes, what a travesty. How sick is that, that, I mean, this town is just filled with commercialism. And it's bleeding over, it is coming towards us and I mean, as much as I hate to say it, I want things to go back to the way they used to be. But if, I don't, I don't think that we are taking into consideration even five years from now, what kind of town this is going to become. If something drastic, really drastic is not done to preserve, just to preserve. It's really, just the houses that have come up in my own neighborhood, from my view, it's disgusting what's going on. Forget big businesses. There are people that are just knocking down trees, putting on lights, the gentleman before was saying we should all agree on what it is that we actually see. I don't think that that's actually going on, I don't think that, I mean, you have all these preliminary meetings and stuff but it still gets built, it still gets done. It's you know, and what a shame that we are losing such a beautiful place. And I am sorry but when Nancy earlier asked did anybody know what GMO's were, you go, feel free and it's not really a welcoming way to... SUPERVISOR RUSSELL: I am sorry, I thought I was polite about it but if you didn't think I was then I apologize. MS. CURRY: I don't think that, no, I actually think that you are really smart and I think that you care, I do actually. I mean, it's a huge job but we are members of the same community, we all have the same interest at heart and I don't see it happening that decisions are being made, everyone in town complains about the same stuff. You know. People, city people, traffic and Southold Town Board Meeting page 36 January 6, 2015 who's benefitting from it? What jobs are being created that we need? That we need all these things to change, you know? I think that. SUPERVISOR RUSSELL: Thank you. COUNCILMAN RULAND: I would just like point out one thing to you, we don't have triple coupons but the Human Resource department at the senior center take the seniors shopping once a week. We have busses and they go on certain routes every week to provide shopping opportunities for the seniors that don't drive. MS. CURRY: Well, I meant for them to come to town hall. Or to create some other forum so that we are all communicating, so that you are not so defensive. SUPERVISOR RUSSELL: I am sorry if we come off as defensive. I am just trying to clarify the conversations that we had two weeks ago, two weeks before that at a code committee meeting so that everybody understands where this Town Board, you know, I don't want people to think that this Board created zoning and now we are going to push this through for a specific parcel for a specific applicant. We are nowhere near that. But just let me just say though, we try, we try to have community meetings to engage the community. We have hamlet meetings in each of the hamlets. The problem is, we try and we get three or four people, you know, unless there is a galvanizing issue like there is tonight, it is very difficult. So we try, we have them at night, we have them during the day. We do try. MS. CURRY: I do think you are trying. When I said defensive, I think it's a valid defensiveness. We all came in here upset, I was very upset to hear about it and I don't even live there, I just know it as a nice piece of land that what a shame, if all these things would change it. But there definitely needs to be something that changes in this town that, I don't drive. I am a recluse for the most part and I have very few friends that I have made out here that are just phenomenal. I, when I heard the Town Board I think it was a year and a half ago, that you were going to do everything online, I'm also unplugged, like, that leaves me completely out of my community. Not in my neighborhood, in my neighborhood I am the girl you want to live near you, except maybe my yard sometimes, I mean, you know, I care about it here. I care about it so much I almost want to say to you, like, I will go door to door and invite people and tell them, you know, you could lose this because and our water is the most important thing out here. I didn't know anything about septic tanks when I moved here, you should have seen the stuff I was doing to my water, to the birds behind my house, I mean, you know, it's education, it just, there needs to be a different way to communicate besides this. And besides the paper, writing a letter. SUPERVISOR RUSSELL: Good point. MS. CURRY: It really does. And I love my community and I love the people who live here. People need room to make mistakes but people need room to communicate and I am sorry that you are defensive. Southold Town Board Meeting January 6, 2015 page 37 SUPERVISOR RUSSELL: No, not at all. I did want to comment that you mentioned before, that you don't drive, as you read, I do drive, just not very well. You probably read that in the paper. MS. CURRY: I try not to listen to all that stuff, I don't drive very well either. Ask the cops. COUNCILMAN GHOSIO: One thing that you did mention was the notion that we should preserve, I just want to make clear, being the liaison to the Preservation, Land Preservation Committee and we do spend and have spent millions of dollars preserving. MS. CURRY: Oh, I know. That's, listen, Paradise Point Road, great. I mean, that's like, and you know but on Paradise Point Road there are residents that have moved in and you know, nobody protested when they were doing certain changes, I have watched this and I watched them rape the land. I know those woods really well and because nobody's going in after this work is done, there are things happening in this town that it's just very sad. You know, you can keep the shrimp business out and shrimp, like who goes to the North Fork for shrimp, you know? Like it would be great to see a business show up that's actually helping our water, you know, like besides all that, we really need to find a way just as a, and it's on the grassroots level and community level that everything happens and what a shame it will be in five years if as many changes happen that just happened in the last five years. And I want people to enjoy, you know, this land is our land, I am just like that but what a shame, what a shame if we keep letting zoning, just end it. Honestly. Just end it. SUPERVISOR RUSSELL: Thank you. Would anybody else ... yes, George? George Aldcroft,Peconic MR. ALDCROFT: I think I want to, I think we need to take a look at, I can understand somebody coming up here and saying this is another area of farming, there's nothing wrong with that. and it may be of value to some people who are already out here to it but I think what we really need to be very careful of is when we accept that new way of doing things, what is it doing to our land, what is it doing to our water, what is it going to look like? Because we have, I mean I know you have, I have been out here for many and I know you care about this area but I think you have also had to deal with issues where you've done something and now we are stuck. Because between lawyers and whatever else they come for, now we are in and we can't get out of that situation, so sometime before we jump in, I think we need to do as much as we can to make sure that once we put it in we are very clear and if you want to sue us, do that. These are the rules, this is what it was and we are not going to accept that. Inaudible. SUPERVISOR RUSSELL: Sure. Thanks, George. Would anyone else like to address the Town Board on this particular issue? I know many of you have come out to be heard and I just want to give you the opportunity at this point to be heard on it. Yes. UNIDENTIFIED: I may be a bit redundant but I just wanted to come up and express my feelings. SUPERVISOR RUSSELL: Sure. Southold Town Board Meeting January 6, 2015 Deb Bruer, Mattituck page 38 DEB BRUER: Good evening, my name is Deb Bruer and I live in Mattituck with my husband and two young children. As a residentially zoned property owner, I am here this evening to express my concerns related to the town's discussion of changing the existing residential zoning to allow for aquaculture and/or mariculture. It is my opinion that this proposed change which will allow for fish hatcheries and subsequent retail wholesale operations will provide a burden and create undue hardship for those who live near these businesses. Rather than making changes to an existing zone, I encourage the town to find other ways to preserve the quality of life for those in residential zones while providing an opportunity for aquaculture and/or mariculture operations to exist. In this light, I propose the town look to better suited zoning options, such as the use of industrial or marine zones with the purpose of keeping aquaculture and/or mariculture out of the agricultural and residential zones. I thank you for your time this evening and as a member of this community, I look forward to continuing this discussion and value your transparency as we progress through this process. I have a question, somebody sort of whispered something in my ear of maybe residents weren't comfortable to come up and address the Board and the question was, these meetings, these informal meetings with regard to code. The town meetings are posted, how does one become aware of when these meetings are happening so they can be a part of that discussion? SUPERVISOR RUSSELL: We actually do the posting for the code committee meetings through the Town Clerk's office. TOWN ATTORNEY FINNEGAN: They are advertised the same way, either WLNG mentions it on the day before or the day of the meeting... MS. BRUER: So the day before or the day of. Let's say I am not plugged into WLNG, could you post it some other way.... TOWN ATTORNEY FINNEGAN: They are on the website, I believe they go in the local papers, too. SUPERVISOR RUSSELL: Depending upon the timing. MS. BRUER: Depending on the timing. Okay. And I really, I am so pleased, it is nice to see so many, I grew up on Henry's Lane, I live in Mattituck as I said, I am a property owner in Mattituck and I don't want to see this happen quite honestly to myself or anyone else and I am just thrilled to see all people from Henry's Lane and Mill Lane who have come forward to address their concerns in the community and I know you are going to tell me it's, you know, the whole specific to Henry's Lane you know, step away from that but the fact of the matter is, this is a true representation of how your community feels in relation to this potential zone change which truthfully, I think a zone change is a last resort. Okay? Thank you. SUPERVISOR RUSSELL: Thank you. Frank Calderale, Peconic Southold Town Board Meeting page 39 January 6, 2015 FRANK CALDERALE: Good evening, my name is Frank Calderale, I live on Henry's Lane also. First of all, I want to thank you very much, everyone who is here in support of the rural character of the area, of Henry's Lane and Southold. I think whenever an area goes from rural to commercial, we face a travesty, not only for the nature, not only for the natural habitats of the creatures that inhabit that area but also for the residents and one of the reasons, again, you are going to hear it from me, you are going to hear it from my neighbors, one of the reasons we moved here is because of the rural character of Southold. My children, who were raised here, they were born out on the North Fork, in fact, one was born in the car, so we are, so she certainly is a North Forker, we love this area and we don't want to see the commercialization of our town. We just have to go to Riverhead to actually witness what has happened to the rural character of what was once a very beautiful and shining star to the county in terms of its farmland and in terms of its agricultural base and what has happened to Sound Avenue is actually somewhat of a blight to all of us who have to drive through it and certainly going down Route 48 and looking at a factory, you know, however you want to spin it, you know, a fish farm, the kind of structure that is being proposed would once again be something that would take away from the character of a rural area. I want to thank you for listening to all my neighbors, I hope that you will take all our words and our presence into consideration and I hope that you, as elected officials, will protect the environment that all of here have chosen to live in. Thank you. SUPERVISOR RUSSELL: Thank you. Rod Stankewicz ROD STANKEWICZ: Hi, Rod Stankewicz. This is the road I live on. Anyway, (inaudible) always been something that's alarming to everybody and in the past, I have listened to the Board, they have always done what's right, they are saying what they are saying, I can guarantee you right now, we are not going to be seeing something on Henry's Lane. I don't think they are going to be putting a change in residential zoning to industrial zoning because it would just start too many things going wrong. We do need economy out here, sorry, we do need to cut down trees sometimes, build houses, we do need to do that. That's not what I am here to debate. I think you should have confidence in the Board, everybody up there I think is just about local, I only don't know one person, so have faith in them. SUPERVISOR RUSSELL: Thank you, Rod. Anybody else want to address the Town Board on this particular issue? Anybody? Benja Schwartz, Cutchogue BENJA SCHWARTZ: Hi, Benja Schwartz, Cutchogue. Spent some time behind Henry's Lane, what's that road on the .... Salt Marsh Lane. Incredibly beautiful area. I spent time all the way on the North Fork. Unfortunately, I have lost faith in this Town Board. I believe that you're ignorant, you don't understand proper procedures and you are gutting the substance of our, the laws that are left that are giving us some forms of protection. SUPERVISOR RUSSELL: Just do me a favor, don't sugar coat it, just tell us outright how you feel. Southold Town Board Meeting page 40 January 6, 2015 MR. SCHWARTZ: Well, let me ask you something, in the draft environmental impact statement, which was just delivered to the town but not yet been accepted and not yet been released for public review, the developers who are trying to develop their Heritage at Cutchogue, not the Heritage of Cutchogue but what they inherited and they want to use it to make money. Use Cutchogue to line their pockets. It is very clear in this document which is, there's a lot of money went into writing this document and yet somehow in their 40 plus page executive summary, it's an 820 page document, they duplicated entire paragraphs and sentences throughout. It's a bunch of nonsense but there's some things here, for example, it says here that despite the fact that in 2007 they did have a scoping session and one of the alternatives presented was a possibility of purchasing the property for preservation, they say in here that the town has never offered to buy the property. Is that true? SUPERVISOR RUSSELL: We had had a discussion with the contract vendee on partial acquisition of the property. It was not, he was not interested and the owner of record at the time was not interested. MR. SCHWARTZ: Well, I would suggest that if you receive a document from the contract vendee, the owner, the developer which says the town has never made an offer and you have any interest in purchasing that property, it might be a good time to make an offer. SUPERVISOR RUSSELL: Just for clarification, we didn't make an offer, we simply discussed the issue casually with the contract vendee but no, there was no offer being made because we never got to the point of appraisal or anything else. MR. SCHWARTZ: Well, you know, you have expressed a dislike for this project. By the way, have you read this document yet? SUPERVISOR RUSSELL: Not yet. MR. SCHWARTZ: Anybody? There's a couple hundred pages on traffic in fact. SUPERVISOR RUSSELL: Right. MR. SCHWARTZ: And they conclude that there won't be much impact. It will make traffic worse, they admit that but it will just be a little bit worse, so we won't notice it. You know, there will be a couple more accidents maybe, whatever. But they have a solution, they are not pushing it but if the town wants to, the town can mitigate, can make the, it will still get worse but it won't be as bad if what they suggest is that the town widen Depot Lane to put in a turning lane from Depot Lane to the Main Road. I submit to you that would make things even worse. This whole development plan is going to make things worse. You need to say no, instead of saying no, you have agreed not to change the zoning, to freeze the zoning. I have learned in life that the government is never bound and shackles can always change that the zoning, the laws, until a developer puts a shovel in the ground and starts building something, there's no legal vested rights in this country that the government cannot take away from us poor property owners. I mean, I own property, I like to do you know, what I want to do on my property but I recognize Southold Town Board Meeting January 6, 2015 page 41 that if I do something that is going to hurt my neighbors, I should be stopped and I hope my neighbors are stopped, too. So do you think that there's any chance that you might consider making an offer for preserving the land on which they propose? SUPERVISOR RUSSELL: What the Town Board has agreed to is to hold its litigation in abeyance so that can go through the process. It is before the Planning Board right now. It is completely inappropriate for me to comment. I know that you just read a portion of the EIS, we can pos dec and reject any aspect of that we want. We don't have to accept what someone tells us. We have the right to respond... MR. SCHWARTZ: I went to law school, I understand what contracts are. SUPERVISOR RUSSELL: I am just... MR. SCHWARTZ: I don't understand what you agreed to. What you agreed to, the document that you agreed to, the stipulation of settlement was not clear. It appears that what is there, what was agreed to, is already being breached by the developer. But the developer, by waiting for the developer to submit something and then the developer jumps in and submits a draft environmental impact statement, they're the ones that are pushing this review process. They're leading the town around, telling the town what to do. The town should be... TOWN ATTORNEY FINNEGAN: Benja, the process is dictated by, it's not... MR. SCHWARTZ: Well, I hope the town would say no. TOWN ATTORNEY FINNEGAN: It is going to go to the Planning Board, it is going to be subject to a full public hearing where your comments should be made and before the Board that is actually reviewing the DEIS and considering... MR. SCHWARTZ: I don't think so. TOWN ATTORNEY FINNEGAN: That's where your comments should be made. MR. SCHWARTZ: This is the Board that made the agreement with the developer. TOWN ATTORNEY FINNEGAN: And the agreement is made, the agreement is made. MR. SCHWARTZ: But I have been told by the Supervisor who has said many times that we may not continue to live up to this agreement. TOWN ATTORNEY FINNEGAN: It doesn't say.... MR. SCHWARTZ: What does the agreement read? Southold Town Board Meeting page 42 January 6, 2015 SUPERVISOR RUSSELL: I have never said that, Benja. What I said was, both parties have agreed to hold the litigation in abeyance and they are going to go forward with an application to the Planning Board that's going to be subject to full review, full pos dec, full everything. All of the concerns you are raising are valid concerns. You should bring them to the Planning Board at one of the many hearings they are going to have on the issue. MR. SCHWARTZ: Alright. It's not doing any good talking to you. The, what is this right to farm law? SUPERVISOR RUSSELL: The right to farm law by the State of New York, basically if you create an agricultural district, the agricultural district gets to enjoy protection, statutory protections that other parcels don't. Although there are towns giving some leeway in terms of zoning and regulatory authority, all of that that we would try to impose, is subject to review by the state commissioner of Agriculture and Markets. At the end of the day, the state commissioner gets to rule as to whether we are being overly restrictive on a farm operation. The New York State defines agriculture as aquaculture and agriculture. And then it lists a huge list of what they mean by those uses. We went to New York State when this was originally proposed, we asked New York State is this protected agricultural practice? And the decision was yes, it is a protected agricultural practice under New York State law. MR. SCHWARTZ: You have a letter from the commissioner? You have an opinion from the agricultural commissioner.? SUPERVISOR RUSSELL: We made an inquiry, got an informal, we can get a formal one. I am sure that would be quite easy to get. TOWN ATTORNEY FINNEGAN: From their counsel. MR. SCHWARTZ: Is that available? SUPERVISOR RUSSELL: We will ask them.... MR. SCHWARTZ: No, the informal letter that you got. I would like to see that. Why is that not available? TOWN ATTORNEY FINNEGAN: It was a letter to me. SUPERVISOR RUSSELL: It was an inquiry.... MR. SCHWARTZ: If I make a freedom of information request. TOWN ATTORNEY FINNEGAN: What do you want to know about the letter? MR. SCHWARTZ: I want to know why the Supervisor would come to the Town Board and tell the town that New York State is mandating that we have shrimp farms in the Town of Southold. Southold Town Board Meeting page 43 January 6, 2015 TOWN ATTORNEY FINNEGAN: They are not. MR. SCHWARTZ: That's what I heard at the meeting, I watched a video of the meeting. TOWN ATTORNEY FINNEGAN: We cannot pass a law that in certain zones that says you can't have agriculture, certain agriculture practices. They deem that unreasonably restrictive. You can't outlaw wineries in this town, okay? Certain practices are accepted. The State's definition of what agriculture is, is pretty broad. So if you want to read... MR. SCHWARTZ: I am familiar with the definition, I am familiar with the legal and the process. TOWN ATTORNEY FINNEGAN: All the.... MR. SCHWARTZ: What you are doing up here is not about the law. Let's talk a little about spot zoning. TOWN ATTORNEY FINNEGAN: Benja, it's not spot zoning. There is no law... MR. SCHWARTZ: Well, it is spot zoning. TOWN ATTORNEY FINNEGAN: No, it isn't. There is no law pending that pertains to one property. I know you want to argue that. This has been... MR. SCHWARTZ: See I read books. And I study and I live on planet Earth not on planet Russell. If he wants define spot zoning or you want to define spot zoning in one particular way, that's fine but that's not what the law says. There are no statutes that define spot zoning. The judges in the courts that have proposed definitions of it have not limited it to any one thing. Basically it's a colloquial term that is used to describe two things. One when a specific property is zoned differently from all the properties around it and two, when that property is zoned inappropriately to the comprehensive plan of the zoning jurisdiction and by proposing not just to change the zone on this single property to a different zone but to change the zone as it applies to the whole town, in a way that would benefit this specific property and then saying, oh no, we are not going to talk about a specific property, what other properties have you considered putting shrimp farms on? SUPERVISOR RUSSELL: We didn't consider specific properties, we considered specific zoning, in the industrial zoning, the AC zoning, the.... MR. SCHWARTZ: Specific zoning districts are comprised of specific properties. SUPERVISOR RUSSELL: Yes but I can't begin to describe to you in detail the six or seven thousand acres that are zoned AC zoning in this town, you are asking for specific parcels, I can't sit here and give you a list of.... Southold Town Board Meeting page 44 January 6, 2015 MR. SCHWARTZ: What about residential zoning? SUPERVISOR RUSSELL: What's that? MR. SCHWARTZ: Residential zoning. And you can and have.... SUPERVISOR RUSSELL: The residential zoning, not the specific parcels, but the residential zoning was one of the many zones that the town looked at while we try to evaluate this type of operation which is new to me and I think its new to some members of the Board, to learn more about it and then to figure out where it would best be, what zoning it would be best suited to accommodate it. MR. SCHWARTZ: Before you consider changing the regulations on every residentially zoned property in the town, it seems like you would start out by looking at all of those properties and determining where else this new use regulation could possibly apply. Was that done? SUPERVISOR RUSSELL: I don't agree with you. I think we need to look at the zoning.. MR. SCHWARTZ: How do you Look at the zoning, in what? On planet Russell? SUPERVISOR RUSSELL: Well, I don't know about planet Russell but.... MR. SCHWARTZ: I'm talking about planet Earth. Southold Town, the North Fork. SUPERVISOR RUSSELL: Each of the zoning categories have underlying goals. And the idea is to look at this use and see if it meets the goals. I would say it's inconsistent with residential zoning, the whole purpose of residential zoning. I would gladly tell you as I told this Board... MR. SCHWARTZ: You changed your mind on this one. SUPERVISOR RUSSELL: How did I change my mind? MR SCHWARTZ: But... COUNCILMAN GHOSIO: Inaudible. SUPERVISOR RUSSELL: I didn't change my mind on anything.... MR. SCHWARTZ: There was proposed legislation... SUPERVISOR RUSSELL: It was a code committee meeting that was very broad as we start all discussion. Very broad. We can't operate with tunnel vision, we have to look at everything. MR. SCHWARTZ: Okay. You never change your mind on anything. What about the Heritage at Cutchogue? What are you going to do about that? Southold Town Board Meeting page 45 January 6, 2015 SUPERVISOR RUSSELL: Look, that is before a discretionary board of this Town, it's the Planning Board. I would urge you or anyone to bring all of your issues and concerns to that Board. MR. SCHWARTZ: My problem is not with that board, it's with the substantive law which has been created by this board. Thank you. SUPERVISOR RUSSELL: Sure, would anybody else like to address the Town Board on this or any issue? Peter. Peter Terranova, Peconic PETER TERRANOVA: Peter Terranova, Peconic. I just want to rise in support of the Town Board in sticking to the process, I think the process is very important to everyone here that has talked about the shrimp farm, they need to stay involved and keep appraised of the process as this proposal goes through the process. I know from my own personal experience, it does take a lot of time on the part of a resident, concerned citizen, to follow the process through. But we should, what we should be holding the Town Board to, is adhering to the process. Whether it be a DEIS or and EIS or whatever, those procedures I believe, were put in place so that gives everyone the opportunity to voice their concerns. I have no quarrel with anyone who came up in objection to this proposed shrimp farm but you know what? We are also looking at times for where we can bring business into the community and that is a very important part and should be an important part of everyone's desire in Southold Town to keep our property taxes down, to get tax rateables, that sort of thing, while we are preserving properties, taking them off the tax rolls. Okay, through our Community Land Preservation. But it has to be done in the right way as we know. I think the Town Board is taking the right approach. Someone came forward with a business proposal. The town is looking at, hey, okay, where is the proper place for this to be placed and I think you are going through the right steps of going through the process of looking at the different zoning areas. You heard a lot of folks up here say, hey, it doesn't belong in a residential okay, so we have jumped the gun, so to speak. And I am not advocating that we circumvent the process but you heard that a lot of folks don't want it in a residential area, okay, so let's go through the process of looking at all the pros and cons and let's see if we can find a place where it's supposed to be. Thank you. SUPERVISOR RUSSELL: Thank you. Benja Schwartz MR. SCHWARTZ: Excuse me. With all due respect, that's not the process. The process is to do the master plan and the process to master plan is not for you to do a master plan but for you to appoint a committee to do a master plan which you will then review and decide whether to adopt it or reject it but since you are doing the master plan yourselves, you are grading your own work, that's not the process. The process is they would have applied for a building permit, tried to get a use variance, very difficult to get, and if they couldn't get that, then they could have turned and tried to get involved in the comprehensive planning process. That's not the process. The stipulation of settlement accelerating the environmental impact statement review process which now we have gotten hit with this 820 page document and we have less than the normally legally allotted procedural time to review it, that's not following the process. Thank you. Southold Town Board Meeting page 46 January 6, 2015 SUPERVISOR RUSSELL: Would anyone else like to address the Town Board? Councilman James Dinizio COUNCILMAN DINIZIO: Yes, I would. You know, what Benja just said is exactly right and you know, the process, it is written down, it is in our code. It is use variances, it is following the process. Coming in to the building inspector, getting denied because what you want to do isn't allowed where you want to put it and then going through the process by either use variance or area variance, whatever it happens to be. That helps everybody. Everybody can read the code, everybody knows who's responsible for what. In the case of the fish farm, that process, in my opinion, was circumvented. I mean, what happened was, we had a person from the Planning Board happens to be the head of that Department, meet with a person who had a project that they wanted to complete and basically bring that person to Town Board and have a discussion on it. It's not inappropriate to answer any question of that person when they come to a public meeting but was inappropriate is the fact that the appearance that the Planning Director and I hold no, she has no responsibility other than she was doing her job, had a discussion with them, basically not in public and it should be, everything should be held in public. When it got to the point where here we are having a meeting, asking about Bob the shrimp you know, finding out where this is going to be by happenstance, I don't know. I don't think so. I don't think that we can ignore that we had someone who had a particular project they wanted to do, they came to this Town Hall and they meet with our Building Director, uh, Planning Director and who knows how that looks? To me it looks like perhaps the town is favoring that person, who could blame the person that was here or any of these people for thinking that the deck is stacked against them. When that happens. So I think that process has to stop. We have laws, we have processes, we have procedures, what Peter said and just what Benja said. You can't circumvent that, you know, after you get rejected, after you lose your use variance, then you start looking at the master plan. For the past month now, you know, I have been voting against some things because I don't like the increase in the discretion of the Boards, this is the exact reason why. Whatever a Board does, the main thing is to gather the public together, okay, to disseminate the information of what a person is applying for and everybody gets their say. Benja gets to come have his say about, you know, the SEQRA. You know, Peter gets to come and have his say and that's the way it should work all the time. The idea that, you know, we could sit in a code committee and insert a use in a zone is the source of many problems in this town. Not the least of which is the Heritage, okay, because I am here long enough to know how that got there. Okay? And that got there right about the same time as Peconic Landing was being talked about. And a use was inserted in a zone. Instead of the proper procedure of applying for a use variance. I know they are hard to get. You know what? They are supposed to be hard to get. Because we have zoning and people who familiarize themselves with the zoning don't expect something to be inserted in there okay, under some vague legalese notification in the back of a newspaper, okay? They need to have those discussions, they need to be told. All the people on Henry's Lane would have been gathered after this person applied for a use variance and they would all have their notices in hand and guess what, when they showed up at Town Hall, they wouldn't have as many questions because you know why? Because the applicant would have already had everything that they need to have. They would have had his application, you would have known how the fish were going to be taken care of, what was going to happen to the water, whether or not that piece of property could even handle, okay, the building which they are proposing. Because I am hearing tonight that there's wetlands or whatever, there's a source that may mean that it can't even be Southold Town Board Meeting page 47 January 6, 2015 built there, who knows? Okay? But that's why we have the process and it was circumvented in this case and that happens quite a lot. You know, we make laws, we do laws by sometimes I know we are operating in a vacuum and people don't show up but you know, we wrote a law about windmills and not a month later, a variance was granted to it. We wrote a law about limiting the size and scope of accessory structures and not two months later we had a building that of the five different venues that we mentioned, three of them were given variances. Why have a code if that is going to happen? So I think the process has to change, I can't see why we need to have people so upset, mostly they are upset by being aggravated that they don't know what the information is. We weren't, just hold on Benja, I have got to get this out, it has been in for a while. We have to at least inform, we have a process, we need to inform them and that, everybody should expect that that's what is going happen and quite honestly, it didn't happen in this instance and here we are. SUPERVISOR RUSSELL: I would just like to clarify quickly that actually the applicant came to the chief building inspector as the process that Jim just outlined, he came to the, they came to the building inspector on several different properties throughout Southold Town and every single instance, it wasn't allowed as part of the zone that they were looking at. The chief building inspector then referred that couple to me, I referred them to Planning Board to get an understanding what the Planning Board's thought process would be and then they came to a Town Board meeting. But I think to suggest that we should go as far as having a hearing on it, that's where the public creates suspicion because before they know about it, next thing they know, they are getting a notice about it in the paper saying, hey wait a second, this is a specific project for a specific parcel and we didn't even know about it until we got this sent to us in the mail. That's really what creates the cynicism and the suspicion of town government, bringing the process, bringing the subject out as early as you can, include as many people as you can, that's a transparent process. That's a far better process than suggesting hey, go through the process, get your building permit, get your turn down, go have your variance and notify the people about 10 days before the hearing. That's a real good way of getting the public to be very cynical about town government. And that's what happens historically, that's way it shouldn't be. The way it should be is get the discussion out early, bring everybody to the table, make sure everybody has their say before we know where we are going, the fix shouldn't be in. COUNCILMAN DINIZIO: Can I say something? You know, Scott, you just contradicted yourself because you just said that it was inappropriate for someone, a Board member, to ask a question about a specific project that we all know was discussed, you said that that was inappropriate. SUPERVISOR RUSSELL: The specific parcel discussion, yes. COUNCILMAN DINIZIO: Well, that's not being too transparent if you want to do that. The transparency comes when you notify everybody and you have all that information for those people to review. So they can comment on it, so they know what it is. You can't just, you know, go willy nilly and say, oh, let the Planning Director, the person who is going to be sitting up in front of this business, on this very dais, okay, making judgment on the shrimp farm. Had it gone through, I mean, she would have been up here, there would have been the people last week or all Southold Town Board Meeting page 48 January 6, 2015 these people and there's this Planning Director who brought those people in here, had the discussion with them, of course, she didn't want it to get out that there was going to be a shrimp farm on Henry's Lane, right, but it did. George Aldreorft MR. ALDCROFT: If it weren't for John Skabry and his wife, you know we live, that sent me some information about this, I would not even know on December 4th that there was a draft put in regarding the changes. I would have never even looked. I went to go online, I could not find in the zoning the draft that I have. It is not there. Inaudible. I said maybe you can find it, so you are now telling me we have a draft, I am not saying anyone is trying to be manipulative but it really frustrating if you live in the town and you say, my god, we are now going to have a draft that might mean that all of this might go on in residential land and none of us know about it, we have to find it through, because somebody in the neighbor, otherwise I would not have even known about it, even if it wasn't Peconic area we are talking about, anybody in town, if you are now talking about changing a wide area of residential for possibility of some agriculture or whatever it is on there you know that's allowed with buildings etc that should have been something that wow, either we discuss or we are not even going to look at that or we need to under law, in the paper, look at this so you need to know as a Board we don't agree with it but it is essential that under law that we have to do this. But if they hadn't come to me, I would not have even known about this and I am worried again, the more I did the research and some of the materials I gave you we need to take a look at whatever we are going to do in this town, where we are going to do things because of the aquifer and the water and the wetlands etc and you know you are getting more and more pressure as it grows and people coming up here and I am not saying we would ever become like Riverhead but we are going to have to make some major decisions on what we are going to do in this town. And I know you guys care, I am not... SUPERVISOR RUSSELL: We would agree and.... MR. ALDCROFT: Like that gentleman said, I don't have to agree with everything where you are coming from, we can have disagreements, but you know, we need to do whatever we can to protect ourselves with that. SUPERVISOR RUSSELL: Sure. Just to clarify, there was no code draft that was being proposed to be adopted by the town, there was a draft that was very broad. And yes, I recognize, that's a very broad draft that was the starting point of the discussion. That was a noticed meeting, obviously there would have been so many meetings along the way, there will be several meetings along the way, code committee meetings. And any time we finally come to a product that we are ready to move forward with, we will put that out to the public, we will notice it, it will be printed in its entirety in the local papers and then we will have a public hearing on it. That's how the process works. You know, I appreciate the fact that you know, John had done quite a bit to get everybody, to make everybody aware of the situation but I assure you, it wasn't any effort to rush pell mell on anything. Benja Schwartz MR. SCHWARTZ: Pardon me, I will be short and I will be calm. I just want to talk about one paragraph here. I am emotionally, very emotionally involved in this. I really love the North Southold Town Board Meeting page 49 January 6, 2015 Fork, Cutchogue and, the traffic study was one thing, 200 pages, this is only like four sentences on cumulative impacts. Basically, well, basically I will read it to you. It says here that according to the Planning Department, there are no relevant planned or potential new developments located within the study area, 500 foot radius of the subject property. Therefore, no significant adverse cumulative impacts have been identified. Now cumulative impacts being the development of other property, there has been a for sale sign, commercial property and there's been, you know, does this make any sense to you, I hope not. I hope that this will come out in whatever SEQRA process is left after we have agreed to accelerate it but do you understand what I am saying? SUPERVISOR RUSSELL: I do understand it but I feel like we are belaboring the point. You know... MR. SCHWARTZ: Well, what I am asking you then is can you tell me what development, excuse me, I am trying to have a conversation here. You know, what planned or potential new developments are located within the 500 foot radius of the condo farm? SUPERVISOR RUSSELL: That's an issue that the Planning Board will need to address when they review that and prepare their response. MR. SCHWARTZ: Yes and it's also an issue that should be being addressed already in conjunction with the comprehensive planning. I don't know how many people know that most of the parking in downtown Cutchogue is a lease. And you know, in the future it is going to disappear. I think we need to get back to the drawing board and start seriously working on the master plan, not blaming people for not getting involved, not holding meetings where you hand out a couple of questionnaires and organize people and tell them what you want to hear from them. But find someone who is in the field, who is interested in focusing on some real comprehensive planning for this town. It might help. SUPERVISOR RUSSELL: Thank you. Anybody else? Please. Michael Harvey MICHAEL HARVEY: My name is Michael Harvey and I live on 395 Henry's Lane Peconic. I would just like to say, I was born and raised here on the North Fork, my wife was born and raised here on the North Fork. My parents were born and raised here on the North Fork and it is really amazing what's happened here. I heard someone say they didn't think it would be like Riverhead, when I was younger, there wasn't a stop light from Greenport to Riverhead. Not one. There are stop lights everywhere now. You can't make a left from Peconic Lane onto 25, it takes you 10 minutes. I mean, it's absurd, so we really need to take a long look at what needs to be done to preserve our way of life. Meaning less traffic, less industry, less whatever it is. I mean, I am 38 years old, I graduated with maybe 35 people. I don't think any of them except for maybe 2 live here because they can't afford it. The price of land and the wineries are bringing people from the city, have just driven the price of land and housing through the roof here. I am trying to raise 2 kids. How are they ever going to live here? I mean, I would come to more of these meetings. I should be at home doing homework with my daughter right now. I mean, I don't have time for this, I shouldn't say I don't have time but it's very difficult to find the time to come here and tell you how I feel. I didn't plan on speaking tonight so I really don't have Southold Town Board Meeting page 50 January 6, 2015 anything you know, organized but I just wanted you to know, a lot of young people are aggravated, not just the older generation. It's that we don't have as much time to really get involved the way that we should and I think that most of America is aggravated with government in general and when you see things either being circumvented or back -hand deals or the Planning Board needs to look at that, it feels like you are passing the buck and it feels like it's just the same as Washington as it is here in our small town and it shouldn't be that way. I mean, I might run into you in the grocery store, I might run into so and so, we really need to work together to keep things the way they are. And you know, I had emailed you a letter Mr. Russell, and I did say in that letter that some of my information might not have been accurate but I said I opposed not just the shrimp factory on Mill Lane but I just opposed the changing of the zoning period at all. And that was one, for traffic, my kids, I mean, I live across the way from Cochran Park and the other park, that road is so busy. My grandmother lived on Carroll Avenue when I grew up and we used to walk, there was a general store there. That road is so busy now, my kids can't go from one side of the park to the other, across Peconic Lane because that road is so busy and that's our park. That's our park. I mean, it's ridiculous and to put any other, you know, there might be two acre zoning, agricultural lots scattered around Southold Town, if you are going to give this aquaculture two acre zoning, that's ridiculous. I mean, it should be 10, 20 or maybe 50 because whatever it is, it should be a substantial piece of property so that maybe one shrimp farm comes in but not 30 because there's two acres here, there's two acres there, there's five acres there, that's ridiculous. So you guys really need to take a long hard look at what you are doing and thank you for letting me speak. SUPERVISOR RUSSELL: I want to thank you very much for commenting and for everybody that spoke tonight, I do want to thank everybody and for those of you who showed up. One of the things you mentioned is an excellent idea, actually our proposal was to require five acre zoning to mitigate impacts. The more we come to understand the nature of the operation itself, we've been actually looking at 10 acre. So you are 100 percent right, everything you said is well taken. MR. HARVEY: I grew up in Greenport and when I was a kid, there was an old oyster factory at the end of 5`h Street. SUPERVISOR RUSSELL: I remember it. MR. HARVEY: And what happened when that oyster plant, there was one in East Marion as well, and when that was no longer viable or didn't produce money, that sat there for years and years and years, vacant. Now right now you have mostly wineries, they have small tasting rooms and the farm fields with the grapes and the vineyards, there's not really a lot of structure, you are going to take something like this and there's going to be a lot of structure and if it turns out to not be lucrative or for whatever reason, that's going to be structures that is going to be left, wherever you allow them to put it. And in the case in Greenport, I don't even know, I was a kid but that thing was there for a long time, it was very dilapidated, we used to play in there, there was broken glass all over and they finally turned it into condos but you really need to pay attention as to what kind of structures you are going to allow in some of this, if it is going to be Southold Town Board Meeting page 51 January 6, 2015 agricultural property and not industrial property because if they have to move, they are going to be stuck with all of these structures and who is going to have to pay to take care of it? SUPERVISOR RUSSELL: Thank you. Thank you very much. Who else would like to address the Town Board on any issue? Mary E. Curry II MS. CURRY: I am sorry, I am not a focused speaker... SUPERVISOR RUSSELL: That's okay. That's fine. MS. CURRY: I had a different understanding now, so the Planning Board is apparently like a very important thing to attend and I don't think that there's any reason that our whole town can't get together for one day, one night, even if it's in paper, I mean, I get so much trash mail, when you guys are all running for office, stacks, stacks. How much is sending out a questionnaire, how do you want to live, what would you like to see your town keep? I mean just a regular questionnaire that people can drop back in the mailbox and let's be, we the people. I mean, I really think most of the people out here are on the same page. You wave hello to people, you see them on the beach at sunrise, whatever, because we love it. But honestly, he is right, you keep letting people build stuff out here, I just lost three great neighbors this year in a very small neighborhood. Who is going to move in? You know, these are three neighbors that taught me so much and what knowledge is being lost, I mean, just about our shellfish way of life. And thank you. Supervisor Russell SUPERVISOR RUSSELL: Thank you very much. Anybody 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 6:14P.M. flt"ia 0. rL,642& Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans. Justice SECONDER: Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell