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HomeMy WebLinkAboutTB-03/10/20151. 2. 3. 4. ELIZABETH A. NEVILLE �gpFF04 TOWN CLERK S drn REGISTRAR OF VITAL STATISTICS o MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING March 10, 2015 4:30 PM Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax(631)765-6145 Telephone: (631) 765 - 1800 south o I dtown.northfork. net A Regular Meeting of the Southold Town Board was held Tuesday, March 10, 2015 at the Meeting Hall, Southold, NY. Call to Order 4:30 PM Meeting called to order on March 10, 2015 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status 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 Stephen Kiely Town of Southold Assistant Town Attorney Present L Reports Building Department Monthly Report ZBA Monthly Report Special Projects Coordinator Monthly Report Judge Bruer Monthly Report II. Public Notices 1. NYS Liquor License - New Southold Town Board Meeting March 10, 2015 III. Communications IV. Discussion 1. 9:00 Am - Chief Flatley 2. 9:15 Am - Art Leudesdorf, Ken Reeves 3. 9:30 Am - Glynnis Berry 4. 10:00 Am - Mark Terry, Michael Collins 5. 10:15 Am - Mark Terry 6. 10:30 Am - Melissa Spiro 7. Councilman Ruland page 2 8. Authorize Town Clerk to Advertise for (1) Board of Ethics and (2) Board of Assessment Review Vacancies 9. Discussion of Appointments to Committees 10. Adopt Quiet Skies Coalition Memorializing Resolution 11. Set Code Committee Meetings 12. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 11:49 AM for the purpose of discussing the following matters: 11:15 am - Melissa Spiro - Proposed Property Acquisition/S, Publicity of Which Would Substantially Affect the Value Thereof 11:30 am - Jamie Richter - Labor - Matters Involving Employment of Particular Person/S Jackson v. Town of Southold, et al. Litigation - Jackson v. Town of Southold, et al. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 13. EXECUTIVE SESSION - Proposed Property Acquisition/S, Publicity of Which Would Substantially Affect the Value Thereof 14. EXECUTIVE SESSION - Labor - Matters Involving Employment of Particular Person/S Southold Town Board Meeting March 10, 2015 15. EXECUTIVE SESSION - Litigation 16. 10:45 Am - Vincent Orlando 17. PSEG Cable Proposal 18. Motion To: Motion to Exit Executive page 3 RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 1:40PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 19. Motion To: Recess 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby Recess this 9:00 AM meeting of the Town Board at 1:40 PM until the Regular 4:30 PM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Pledge to the Flag Cub Scouts Opening Comments Supevisor Russell SUPERVISOR RUSSELL: Tonight we actually have some very special guests and they are going to lead us in the Pledge of Allegiance. We have Pack 39 and den leader Lynn Nyilas is going to let us know who is here today. LYNN NYILAS: Inaudible. We have Nick Dechiaro, Jonathan Nyilas, Kent Robins, Joey Schoenstein, Casey Zahra, Joey Grattan, Connor Williams and Jack Hutchinson. SUPERVISOR RUSSELL: Pleased to meet you. And you are going to lead us in the Pledge today, aren't you? Thank you very much. You did a great job. At this point, if anybody would like to comment on any of the agenda items, please feel free? (No response) Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesdav, February 10, 2015 ✓ Vote Record - Motion 0 Accepted Yes/Aye No/Nay Abstain Absent Southold Town Board Meeting page 4 March 10, 2015 ❑ Accepted as Amended Robert Ghosio Seconder Q ❑ ❑ ❑ ❑ Tabled James Dinizio Jr Voter Q ❑ ❑ ❑ ❑ William P. Roland Voter Q❑ James Dinizio Jr ❑ ❑ ❑ Jill Doherty Voter Q _ ❑ ❑ ❑ ❑ Louisa P. Evans Mover Q ❑ ❑ ❑ Voter Scott A. Russell Voter Q ❑ ❑ ❑ RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, February 24, 2015 ✓ Vote Record - Motion V. Resolutions 2015-225 CATEGORY. Audit DEPARTMENT. Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated March 10, 2015. ✓ Vote Record - Resolution RES -2015-225 Yes/Aye No/Nay Abstain Absent Yes/Aye Robert Ghosio Seconder Q ❑ ❑ ❑ Q Accepted Seconder James Dinizio Jr Voter Q ❑ ❑ ❑ ❑ Accepted as Amended Q William P. Roland VoterQ ❑ ❑ ❑ ❑ ❑ Tabled ❑ Jill Doherty Voter Q _ ❑ ❑ ❑ Q ❑ Louisa P. Evans _ Mover Q ❑ ❑❑ Q ❑ ❑ Scott A. Russell Voter Q ❑ ❑. ❑ V. Resolutions 2015-225 CATEGORY. Audit DEPARTMENT. Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated March 10, 2015. ✓ Vote Record - Resolution RES -2015-225 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Seconder El ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt William P. Roland Voter Q ❑ ❑ ❑ ❑Tax Receiver's Appt ❑ Rescinded Jill Doherty Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P. Evans Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-226 CATEGORY. Set Meeting DEPART IENT.• Town Clerk Southold Town Board Meeting March 10, 2015 Next Town Board Meeting page 5 RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be heldmi=, Tnecrlav_ Marrh 71. 71111 S at the Cnnthnlrl Tnwn Nall Cnnthnlrl Now Vnrlr at 7.111 P M ✓ Vote Record - Resolution RES -2015-226 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 El ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-228 CATEGORY: Employment - Town DEPARTMENT: Accounting Acknowledges Retirement Patricia Conklin WHEREAS, the Town of Southold has received email notification on February 25, 2015 from the NYS Retirement System concerning the retirement of Patricia Conklin effective April 6, 2015 now therefore be it RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Patricia Conklin from the position of Building Permits Examiner for the Building Department effective Anril 6.2015. ✓ Vote Record - Resolution RES -2015-228 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. Roland Voter EI ❑ ❑ ❑ ❑ Rescinded .Till 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 6 March 10, 2015 Comment regarding resolution 228 SUPERVISOR RUSSELL: Before we vote, I just want to express my deep regret on Pat's retirement, I wish her well. She is a key employee and she is going to be sorely missed. 2015-229 CATEGORY: DEPARTMENT.• Budget Modification Town Clerk Budget Modification - Town Clerk Financial Impact: to cover 2014 over expeditures RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 General Fund Whole Town budget as follows: From: A. 1410. 1. 100. 100 F -T Employees $77,118.00 To: Regular Earnings $24,200.00 A.1410.1.300.100 Seasonal Employees Regular Earnings 6,300.00 A. 1460.1.200.100 P -T Employees Regular Earnings 8,800.00 A. 1460.4.100.200 Supplies & Materials Microfilm/Film Processing 6,600.00 A.1460.4.100.550 Supplies & Materials Equipment Parts/Supplies 900.00 A. 1460.4.400.600 Contracted Services Equipment Maint. & Repairs 900.00 A. 1980.4.000.000 Contractual Expense MTA Payroll Tax 29,418.00 Total $77,118.00 To: A. 1410.1.100.200 F -T Employees Overtime Earnings $ 4,708.00 A.1410.1.100.300 F -T Employees Vacation Earnings 15,995.00 A. 1410.1.100.400 F -T Employees Sick Earnings 54,956.00 A.1410.4.100.550 Supplies & Materials Equipment Parts/Supplies 354.00 Southold Town Board Meeting March 10, 2015 page 7 A. 1460. 1. 100. 100 F -T Employees Regular Earnings 1,105.00 Total $77,118.00 ✓ Vote Record - Resolution RES -2015-229 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter EI ❑ ❑ ❑ ❑ Supervisor's Appt ❑Tax Receiver's Appt William P. Ruland Seconder 0 ❑ ❑ ❑ ❑ 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 2015-230 CATEGORY. Attend Seminar DEPARTMENT. • Police Dept Police Department -EMD Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to PSD II Bryan Weingart to attend the EMD Qualitv Assurance Course in Yaphank, NY on March 16 & 17, 2015. All expenses for registration to be a legal charge to the 2015 budget A.3020.4.600.400 (Training). ✓ Vote Record - Resolution RES -2015-230 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P. Ruland Mover 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 March 10, 2015 2015-231 CATEGORY. Attend Seminar DEPARTMENT. • Police Dept Police Department -Training Request page 8 RESOLVED that the Town Board of the Town of Southold hereby grants permission to PSD II Bryan Weingart to attend the AQUA Refresher Course on March 19, 2015 in Yaphank, NY. There are no expenses related to this training. ✓ Vote Record - Resolution RES -2015-231 El Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio James Dinizio Jr Seconder Voter El ❑ ❑ ❑ ❑ 0 ❑ ❑ Withdrawn ❑Supervisor's Appt William P. Roland Jill Doherty Louisa P. Evans Voter Voter Mover p D El ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Scott A. Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ ❑Tax Receiver's Appt Louisa P. Evans Seconder p ❑ ❑ Lost ❑ ❑ Rescinded ❑ Town Clerk's Appi Scott A. Russell Voter p ❑ 2015-232 CATEGORY.• DEPARTMENT.• Employment - Town Accounting Acknowledges the Intent to Retire Diane Gatz RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Diane Gatz from the position of Home Health Aide for the Human Resource Center, effective as of the close of business March 31, 2015. ✓ Vote Record - Resolution RES -2015-232 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated Robert Ghosio Mover Rl ❑ ❑ ❑ ❑Tabled James Dinizio Jr Voter Q ❑ ❑ ❑ ❑Withdrawn William P. Roland Voter p ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter Q ❑ p ❑ ❑Tax Receiver's Appt Louisa P. Evans Seconder p ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appi Scott A. Russell Voter p ❑ ❑ 0 ❑ Supt Hgwys Appt 0 No Action Southold Town Board Meeting March 10, 2015 ❑ Lost 2015-233 CATEGORY.• DEPARTMENT: BOAR Resignation Committee Resignation Town Clerk page 9 RESOLVED that the Town Board of the Town of Southold hereby accepts, with regret, the resignation of Cara Wells from the Board of Assessment Review and be it further RESOLVED that the Town Clerk's Office be authorized and directed to advertise for vacancies on this committee. ✓ Vote Record - Resolution RES -2015-233 El Adopted EI Adopted Yes/Aye No/Nay Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Voter El ❑ ❑ ❑ ❑Withdrawn James Dinizio Jr Mover ! D ❑ ❑ ❑ ❑Supervisor's Appt William P. Ruland Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt ❑ Rescinded Jill Doherty Seconder El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P. Evans Voter El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-234 CA TEGOR Y. DEPARTMENT.• Trailer Refund Refund Town Clerk RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $250.00 to Glover Perennials, PO Box 759, Cutchogue, NY for over payment of trailer permit #172 of $150.00 and for an unused trailer Dermit #179 in the amount of $100.00_ ✓ Vote Record - Resolution RES -2015-234 El Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter Rl ❑ ❑ ❑ ❑ Defeated James Dinizio Jr Voter El ❑ ❑ ❑ 0 Tabled William P. Roland Seconder F 0 0 ❑ Southold Town Board Meeting page 10 March 10, 2015 ❑ Withdrawn Jill Doherty Mover El ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P. Evans Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-235 CATEGORY.• Authorize to Bid DEPARTMENT: Town Clerk Advertise for Lubricant Bid RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for supplying Lubricants and Fluids for a period of one M vpar from the aecentance of the hid_ ✓ Vote Record - Resolution RES -2015-235 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ pt pt ❑ Supervisor's Appt William P. Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Jill Doherty Voter El ❑ ❑ ❑ ❑ Rescinded Louisa P. Evans Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-236 CATEGORY. Bid Acceptance DEPARTIVENT: Information Technology Accept Bid for IT Server RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Custom Computer Specialists, Inc. to supply the Southold Town IT Department with a Computer Server Southold Town Board Meeting March 10, 2015 page 11 in the amount of $9,916.63, all in accordance with the specifications provided by the IT Denartment nnrd the Town Attornev's office_ ✓ Vote Record - Resolution RES -2015-236 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled RobertGhosio Seconder 0 ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr William P. Ruland Voter Voter El 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑Supervisor's Appt ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Louisa P. Evans Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action ❑ Lost ❑ Lost 2015-237 CATEGORY.• DEPARTMENT.• Bid Acceptance Information Technology Accept Bid for Computers RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of SHI to supply the Southold Town IT Department with Computers in the amount of $23,323.90, all in nrr.nrrlanre with cnecificatinns snnnlied by the IT Denartment and the Town Attornev's office. ✓ Vote Record - Resolution RES -2015-237 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Mover 0 ❑ ❑ ❑ ❑Withdrawn James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Supervisor's Appt William P. Roland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Louisa P. Evans Seconder El ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-238 CATEGORY. Budget Modification Southold Town Board Meeting March 10, 2015 DEPARTMENT. • Information Technology page 12 Budget Modification for Hardware and Software Purchase Financial Impact: Budget Modification will be between the IT Operating Budget Accounts to increase Police Server capital project RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 General Fund Whole Town budget as follows: From: A. 1680.4.400.553 Police Systems Maintenance $23,550 To: A.9901.9.000.100 Transfer to Capital Fund $23,550 and be it further RESOLVED that the Town Board of the Town of Southold hereby increases the 2015 Capital Fund as follows: Revenues: H.5031.33 Server Upgrades $23,550 Appropriations: H.1680.2.600.600 Server Upgrades $23,550 ✓ Vote Record - Resolution RES -2015-238 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Voter El ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Mover 0 ❑ ❑ ❑ 11 Supervisor's Appt William P. Roland Voter 0 ❑ 11❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Louisa P. Evans Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-239 Southold Town Board Meeting page 13 March 10, 2015 CATEGORY. Property Usage DEPARTMENT. Recreation Southold High School Use of Tennis Courts RESOLVED that the Town Board of the Town of Southold hereby grants permission to Southold High School to use the 6 tennis courts at Tasker & Jean Cochran parks for boys varsity & iunior varsity matches for a total of 10 days beginning March 30 and ending on April 29. The courts at Cochran Park will be resurfaced sometime this spring and some scheduling conflicts may occur. Southold High School is aware of this and dates will be coordinated with the Southold Town Recreation Department. The applicant must file with the Town Clerk's Office a Two Million Dollar Certificate of Insurance naming the Town of Southold as additional insured, subject to the approval of the Town Attorney. ✓ Vote Record - Resolution RES -2015-239 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 Jill Doherty Seconder, Mover 0 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt ❑ Rescinded ❑ Town Clerk's Appt Louisa P. Evans Scott A. Russell Voter Voter Rl 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-240 CATEGORY: Budget Modification DEPARTMENT: Special Projects Coordinator 2014 Budget Modification Financial Impact: Reason for modification: Suffolk County Community Development reduced 2014 funding allocation for Town that reduced administration funding allocation. RESOLVED, the Town Board of the Town of Southold hereby modifies the 2014 General Fund Whole Town budget as follows: FROM: A.7310.4.600.100 Youth Program Activities $1,694.00 Total $1,694.00 TO: Southold Town Board Meeting March 10, 2015 A.8660.1.100.100 Community Development Administration Total page 14 $1,694.00 $1,694.00 ✓ Vote Record - Resolution RES -2015-240 0 Adopted __ Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Voter El 11 ❑ ❑ ❑Withdrawn James Dinizio Jr Voter D ❑ ❑ ❑ ❑ Supervisor's Appt William P. Ruland Jill Doherty . Mover Voter 0 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑Tax Receiver's Appt ❑ Rescinded Louisa P. Evans Seconder R1 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Scott A. Russell Voter D ❑ ❑ ❑ ❑ No Action Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 0 Lost 2015-241 CATEGORY.• DEPARTMENT.• Contracts, Lease & Agreements Town Attorney Letters of Intent, Etc. W/NYS EFC - Town Pump -Out Boats RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Letter of Intent, Clean Vessel Assistance Program Operation & Maintenance Annual Application, request for reimbursement form, and any other accompanying documents between the Town of Southold and the New York State Environmental Facilities Corporation in connection with the fling of a Clean Vessel Assistance Program Operation & Maintenance Grant Program Annual Application for 2015, for grant funds up to the maximum amount of $5,000 per boat regarding the two pump -out boats owned and operated by the Town of Southold, utilized for the Town, subject to the approval of the Town Attorney. ✓ Vote Record - Resolution RES -2015-241 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 Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P. Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Meeting March 10, 2015 2015-242 CATEGORY. Contracts, Lease & Agreements DEPARTMENT. Town Attorney Lease Agreement W/Canon Solutions America, Inc./Recreation Department page 15 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Acquisition Agreement Lease or Purchase between the Town of Southold and Canon Solutions America, Inc., in connection with the lease of a Canon IR -Advanced 4225 copy machine/scanner for use by the Recreation Department at a monthly cost of $178.00 for a period of forty-eight (48) months, subject to the approval of the Town Attorney ✓ Vote Record - Resolution RES -2015-242 0 Adopted 0 Adopted Yes/Aye No/Nay 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 Louisa P. Evans Scott A. Russell Voter Seconder Voter 0 0 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-243 CATEGORY. Attend Seminar DEPARTMENT. Engineering Engineering - Attend Alternative and Decentralized Wastewater Systems Class RESOLVED that the Town Board of the Town of Southold hereby grants permission to Michael Collins and Jamie Richter to attend a seminar on Alternative and Decentralized Wastewater Systems in Oyster Bay, New York, on March 16, 2015. There will be no expenses for reaistration and travel will be by Town vehicle. ✓ Vote Record - Resolution RES -2015-243 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Defeated James Dinizio Jr Mover ' Rl Cl ❑ ❑ 0 Tabled William P. Ruland Voter 0 ❑ 0 ❑ Southold Town Board Meeting March 10, 2015 page 16 ❑ Withdrawn Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P. Evans Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost CATEGORY: Attend Seminar DEPARTMENT. Police Dept Police Department -Training Request RESOLVED that the Town Board of the Town of Southold hereby grants permission to Bay Constable John Krincic to attend a NYS Pesticide recertification course on Aquatic Anti - Fouling Paints in Riverhead New York on March 21, 2015. All expenses for registration to be a legal charge to the 2015 A.3130.4.600.200 budget (meetings and seminars). ✓ Vote Record - Resolution RES -2015-227 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled_ Robert Ghosio James Dinizio Jr -Voter Voter 0 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P. Ruland Jill Doherty Seconder Mover 0 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt ❑ Rescinded ❑ Town Clerk's Appt Louisa P. Evans Voter El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-244 CATEGORY.• Public Service DEPARTMENT. Supervisor Increase Fees Paid to Court Interpreters Financial Impact: These fees are allowed by Suffolk County and are fully reimbursed at no cost to the Town. Southold Town Board Meeting March 10, 2015 page 17 RESOLVED that the Town Board of the Town of Southold hereby increases the fees paid to Court interpreters from $150 to $250 for a Court day and from $75 to $140 for half or any part thereof of a Court day. effective immediatelv. ✓ Vote Record - Resolution RES -2015-244 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 Mover 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 ❑ ❑ ❑ ❑ Withdrawn ❑ Lost ❑ Supervisor's Appt Jill Doherty Voter 0 2015-245 CATEGORY. DEPARTMENT: Budget Modification Accounting Budget Modification for Transfer to Risk Retention Fund Financial Impact: Provide additional appropriation to increase 12/31/14 reserve in the Risk Retention Fund RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 General Fund Whole budget as follows: From: A.9901.9.000.100 Transfer to Capital Fund $1,500 Total $1,500 To: A.9901.9.000.300 Transfer to Risk Retention Fund $1,500 Totn1 11 5nn ✓ Vote Record - Resolution RES -2015-245 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Defeated James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P. Ruland Voter 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P. Evans Mover 0 ❑ ❑ ❑ ❑ Rescinded Scott A. Russell Voter 0 ❑ 0 0 Southold Town Board Meeting page 18 March 10, 2015 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-246 CATEGORY.• DEPARTMENT: Attend Seminar Employment - Town Accounting RESOLVED that the Town Board of the Town of Southold hereby grants permission to Connie Solomon, Deputy Town Comptroller, and Christine Foster, Secretarial Assistant, to attend the New York State Retirement System Employer Education Seminar in Smithtown, NY on April 9, 2015. All expenses for registration and travel to be a legal charge to the 2015 budget (meetings and seminars). ✓ Vote Record - Resolution RES -2015-246 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 2015-247 CATEGORY. DEPARTMENT• Accept Bid for 2 Trucks Bid Acceptance Town Clerk RESOLVED that the Town Board of the Town of Southold hereby accepts the bid from Mullen Motors, Main Road, Southold, for two Dodge 1500 Tradesman regular cab 4x2 pick up trucks in the amount of $22,500.00/each for the Highway Department, all in accordance with the Town Attorney. This to be a legal charge to the 2015 budget line DB.5130.2.100 (light duty vehicles) Southold Town Board Meeting March 10, 2015 page 19 ✓ Vote Record -Resolution RES -2015-247 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Mover E1 ❑ ❑ ❑ ❑Supervisor's Appt ❑Tax Receiver's Appt William P. Roland Seconder D ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P. Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P. Evans Voter ❑ Lost ❑ ❑ ❑ ❑ Rescinded Scott A. Russell Voter 0 2015-248 CATEGORY.• DEPARTMENT: Budget Modification Accounting Budget Modification for Improvements to HRC Financial Impact: Appropriate $2000 donation from Mattituck Lions Club for new awning to replace damaged and worn awning at HRC RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 General Fund Whole Town budget as follows: Increase Revenues: A.2705.40 Other Donations $2,000 Decrease Appropriations: A.6772.4.100.500 Programs for Aging, Vehicle Parts & Supplies 250 Total $2,250 Incease Appropriations: A. 1620.4.400.100 Building Maintenance & Repairs $2,250 Total 10 ?5t1 ✓ Vote Record - Resolution RES -2015-248 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Defeated ❑ Tabled James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn William P. Ruland Seconder Rl ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P. Evans Voter D ❑ ❑ ❑ ❑ Rescinded Scott A. Russell Voter 0 0 0 0 Southold Town Board Meeting page 20 March 10, 2015 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-249 CATEGORY: DEPARTMENT. Employment - Town Accounting Employment Release - Amy Maguire RESOLVED that the Town Board of the Town of Southold hereby releases Amy Maguire from the position of provisional Assessment Clerk in the Assessor's Office effective March 23. 2015 in accordance with Civil Service rules. ✓ Vote Record - Resolution RES -2015-249 0 Adopted Yes/Aye No/Nay Abstain Absent R1 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Defeated ❑ Tabled Robert Ghosio James Dinizio Jr William P. Ruland Jill Doherty Voter. Voter Mover Voter 0 D R1 El ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt ❑ Tax Receiver's Appt ❑Rescinded ❑Town Clerk's Appt Louisa P. Evans Seconder D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-250 CATEGORY• DEPARTMENT. Contracts, Lease & Agreements Town Attorney Budget Amendment W/NYS DOS Contract #C006880 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Budget Amendment to Contract #C006880 between the Town of Southold and the NYS Department of State, at no additional cost to the Town, in connection with the Hashamomuck Pond Watershed Management Plan Implementation, subject to the approval of the Town Attorney. ✓ Vote Record - Resolution RES -2015-250 0 Adopted Yes/Aye No/Nay Abstain Absent Southold Town Board Meeting March 10, 2015 page 21 ❑ Adopted as Amended Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Defeated James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P. Ruland Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P. Evans Mover E1 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Rescinded ❑ Town Clerk's Appt Louisa P. Evans Seconder 0 ❑ ❑ Town Clerk's Appt ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-251 CATEGORY.- DEPARTMENT. - Contracts, Lease & Agreements Town Attorney CSEA MOA - Settlement of PERE Cases U-33030 & U-33617 RESOLVED that the Town Board of the Town of Southold hereby approves the Memorandum of Agreement between the Town of Southold and the CSEA dated March 3, 2015, concerning the settlement of PERB Case Nos. U-33020 and U-33617. ✓ Vote Record - Resolution RES -2015-251 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 2015-252 CATEGORY. Authorize Payment DEPARTMENT • Town Attorney Adirondack Insurance Exchange/Weisent Claim Settlement Southold Town Board Meeting March 10, 2015 page 22 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the payment of the sum of $4,141.58 to Adirondack Insurance Exchange for repairs to a vehicle owned by Francis Weisent in connection with property damage stemming from an incident on September 19, 2014, subject to the approval of the Town Attorney. ✓ Vote Record - Resolution RES -2015-252 a Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Voter O ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Mover 121 ❑ ❑ ❑ ❑Supervisor's Appt William P. Roland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter D ❑ ❑ ❑ ❑Rescinded ❑ Town Clerk's Appt Louisa P. Evans Seconder El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-253 CATEGORY. Support/Non-Support Resolution DEPARTMENT: Town Attorney Quiet Skies WHEREAS, the Town of East Hampton is the proprietor and operator of the East Hampton Airport; and WHEREAS, excessive aircraft noise from the ever-increasing traffic of jets, seaplanes and other propeller craft, and helicopters approaching and leaving the East Hampton Airport for years has interfered with East End residents' peaceful enjoyment of their properties and has compromised the pleasures of the woodlands, beaches, fields and preserved lands that define our community and sense of place; and WHEREAS, the public has made it clear that aircraft noise generated by aircraft traveling to and from the East Hampton Airport poses health risks to humans threatening their health, safety and welfare; and WHEREAS, this aircraft noise threatens the welfare of wildlife, their habitat, and nature reserves that are central to the community's way of life, as well as the peace, quiet and repose of the region; and WHEREAS, the Town Board of the Town of Southold by resolution 2013-422 adopted on May 21, 2013 and 2014-731 adopted on August 26, 2014, requested that the Town Board of the Town of East Hampton adopt a comprehensive aircraft noise limitation policy applying to helicopters, Southold Town Board Meeting page 23 March 10, 2015 jets, seaplanes and other propeller craft that will include evening and weekend curfews and all other reasonable airport access restrictions pursuant to its municipal proprietary rights at the earliest possible time and certainly immediately after December 31, 2014; and WHEREAS, the Town Board of the Town of East Hampton, on February 4, 2015, proposed adopting of resolutions to enforce an aircraft noise limitation policy to protect the public from noise through interrelated amendments to the East Hampton Town Code to implement such a policy, to wit: Resolution (ID #15006) an Amendment to Chapter 75 (Airport) of the Town Code Regulating Nighttime Operation of Aircraft at East Hampton Airport; Resolution (ID #15007) an Amendment to Chapter 75 (Airport) of the Town Code Regulating Evening, Nighttime and Early Morning Operation of Noisy Aircraft at East Hampton Airport; Resolution (ID #15008) an Amendment to Chapter 75 (Airport) of the Town Code Regulating Operation of Helicopter of East Hampton Airport; Resolution (ID #15009) an Amendment to Chapter 75 (Airport) of the Town Code Regulating Operation of Noisy Aircraft at East Hampton Airport; and WHEREAS, while each resolution is designed to address separate elements of the aircraft noise problem, these elements are interconnected and cannot be effective one without the other, unchanged as proposed on February 4, 2015; and WHEREAS, on February 11, 2015, the Town Board of the Town of East Hampton revised the aforesaid resolutions to define "Noisy" aircraft as only those having an EPNdB noise metric ranking of 91 or higher and to delete the definitions ranking "Noisy" aircraft according to the SEL (81 dBA) and L(Max)(81 dBA) metric; and WHEREAS, these changes in definition would relieve noisy turboprop (seaplanes) and piston aircraft of the one round trip per week limitation and the 8 p.m. to 9 a.m. curfew; and WHEREAS, the effect of those changes would be that seaplane traffic will likely explode because of the weekend ban on helicopters and the 8 p.m. to 9 a.m. curfew on noisy helicopters, to the great detriment of residents in our community; and WHEREAS, we are advised that the three -metric system of aircraft restrictions has been and is being used successfully in San Diego, California; Paris, France; and Prague, Czechoslovakia; now, therefore, be it RESOLVED that the Town Board of the Town of Southold believes that the Town Board of the Town of East Hampton had on February 4, 2015, correctly identified the three acute sources of the aircraft noise problem as that from helicopters, jets and seaplanes and, further, had correctly concluded that all three sources need to be addressed in order to deliver substantial relief from aircraft noise for East End communities; and be it further RESOLVED that the Town Board of the Town of Southold requests that the Town Board of the Town of East Hampton adopt, unchanged as proposed on February 4, 2015, Resolution (ID #15006) an Amendment to Chapter 75 (Airport) of the Town Code Regulating Nighttime Southold Town Board Meeting March 10, 2015 page 24 Operation of Aircraft at East Hampton Airport; Resolution (ID #15007) an Amendment to Chapter 75 (Airport) of the Town Code Regulating Evening, Nighttime and Early Morning Operation of Noisy Aircraft at East Hampton Airport; Resolution (ID #15008) an Amendment to Chapter 75 (Airport) of the Town Code Regulating Operation of Helicopter of East Hampton Airport; Resolution (ID #15009) an Amendment to Chapter 75 (Airport) of the Town Code Regulating Operation of Noisy Aircraft at East Hampton Airport to protect the public from noise; and be it further RESOLVED that Supervisor Scott A. Russell is hereby authorized and directed to transmit a copy of this resolution promptly to the Town Board of the Town of East Hampton and communicate to that Board this Board's strong intentions underlying this resolution. ✓ Vote Record - Resolution RES -2015-253 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. Roland 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 0 Supt Hgwys Appt ❑ Lost 2015-254 CATEGORY: DEPARTIVENT: Appoint Town Attorney Employment - Town Accounting RESOLVED that the Town Board of the Town of Southold hereby appoints William Duffy to the position of Town Attorney, effective March 24, 2015 through December 31, 2015, at a rate of $118,000.00 per annum. ✓ Vote Record - Resolution RES -2015-254 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated Robert Ghosio Voter ❑ 0 ❑ ❑ ❑ Tabled James Dinizio Jr Voter 0 _ ❑ ❑ ❑ ❑ Withdrawn William P. Roland Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt .fill Doherty Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P. Evans Seconder 0 ❑ ❑ ❑ ❑ Rescinded Scott A. Russell Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt 0 Supt Hgwys Appt Southold Town Board Meeting March 10, 2015 ❑ No Action ❑ Lost page 25 Comment regarding resolution 254 COUNCILMAN GHOSIO: Once again I am going to vote no to be consistent with my feelings that we should hire someone local. 2015-255 CATEGORY: Advertise DEPARTMENT. • Town Clerk Advertise for Committees RESOLVED the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to advertise for the resumes for possible committee vacancies. ✓ Vote Record - Resolution RES -2015-255 0 Adopted Yes/Aye No/Nay Abstain Absent 0 Adopted as Amended Robert Ghosio Mover 0 0 0 0 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 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P. Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-256 CATEGORY: DEPARTMENT: Committee Resignation Town Clerk Board of Ethics Advertise RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's Office to advertise for a member of the Board of Ethics, to fill the vacancy created by Christopher Showalter's resignation in July 2014. ✓ Vote Record - Resolution RES -2015-256 0 Adopted Yes/Aye No/Nay Abstain Absent 0 Adopted as Amended Robert Ghosio Mover 0 0 0 0 Southold Town Board Meeting March 10, 2015 page 26 ❑ Defeated James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P. Ruland Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P. Evans Seconder El ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Tax Receiver's Appt ❑ Rescinded Jill Doherty Seconder. 0 ❑ ❑ Town Clerk's Appt ❑ ❑ Town Clerk's Appt Louisa P. Evans Voter 0 ❑ ❑ Supt Hgwys Appt ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ No Action ❑ ❑ No Action ❑ Lost ❑ Lost 2015-257 CATEGORY. Advertise DEPARTMENT. • Justice Court Advertise for Court Officers RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to advertise for Court Officers. Vote Record - Resolution RES -2015-257 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 ❑ Rescinded Jill Doherty Seconder. 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P. Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-258 CATEGORY. DEPARTMENT Seqra Land Preservation SEQRA LL CPF Stewardship&Managment Plan 2015 RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed Local Law entitled "A Local Law in Relation to the Town of Southold Community Preservation Southold Town Board Meeting page 27 March 10, 2015 Fund Management and Stewardship Plan 2015" is classified as a Type II action pursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. ✓ Vote Record - Resolution RES -2015-258 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 ❑ Town Clerk's Appt Louisa P. Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-224 Tabled 2124/2015 7:30 PM CATEGORY.- Enact Local Law DEPARTMENT: Town Clerk Enact LL to Amend Chapter 42 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 1 Oth day of February 2015, a Local Law entitled "A Local Law in relation to Amendments to Chapter 42, Officers and Employees, in connection with Eligibility Requirements for Certain Town Offices" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, and now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 42, Officers and Employees, in connection with Eligibility Requirements for Certain Town Offices" reads as follows: LOCAL LAW NO. 1 of 2015 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 42, Officers and Employees, in connection with Eligibility Requirements for Certain Town Offices". BE IT ENACTED by the Town Board of the Town of Southold as follows: Southold Town Board Meeting March 10, 2015 I. Purpose page 28 To broaden the residency requirement set forth in the Town Law and the Public Officer's Law to expand the pool of qualified candidates for certain Town offices. II. Chapter 42 of the Code of the Town of Southold is hereby amended as follows: ARTICLE III. Residency Requirements 442-9. Supersession of Town Law and Enactment Authority. This Article is enacted pursuant to Municipal Home Rule Law §10(l)(ii)(a)(1) and is intended to supersede Town Law §23(1) and Public Officer's Law §3(1) relating to the qualification of Town officers. 442-10. Eligibility Requirements for Town Attorney. The Town Attorney of the Town of Southold shall, at the time of his or her appointment and throughout his or her term of office, be an elector and resident of the County of Suffolk. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓ Vote Record - Resolution RES -2015-224 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated ❑ Tabled Robert Ghosio Voter ❑ 0 ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Supervisor's Appt William P. Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P. Evans Mover El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Comment regarding resolution 224 COUNCILWOMAN DOHERTY: We have had conversation and I just wanted to point out, I see we have made some changes to reflect this code change only to incorporate the Town Southold Town Board Meeting page 29 March 10, 2015 Attorney position and so that was my comment was going to be, to ask to do that, as this is, the reason why we are changing it is this one position and I didn't feel the need to do an overall change, so that was my comment. ROBERT DUNN: Inaudible. SUPERVISOR RUSSELL: Please. ROBERT DUNN: Robert Dunn, Peconic. I am sorry I am doing this but I am tired of waiting. SUPERVISOR RUSSELL: This is in reference to the Town law amendments. MR. DUNN: Right, with the historic buildings. SUPERVISOR RUSSELL: Oh, we are going to go the public hearing on that shortly. MR. DUNN: Oh, there is going to be a hearing? SUPERVISOR RUSSELL: Yes. What we will do is take comment on that then. JUSTICE EVANS: This is the one we had a public hearing on two weeks ago. SUPERVISOR RUSSELL: Yes, this is the one with the Town officers. Roll Call Voting Comments COUNCILMAN GHOSIO: No, I want to be consistent with my comments during the hearing, that I believe that we should keep it local. 2015-259 CATEGORY.• Enact Local Law DEPARTMENT. Town Clerk Enact LL Historic Preservation District WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 10th day of February, 2015, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Historic Preservation District" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, Now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in Southold Town Board Meeting page 30 March 10, 2015 connection with Historic Preservation District" reads as follows: LOCAL LAW NO. 2015 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Historic Preservation District". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: Article XXXIII. Historic Preservation District (HPD) 4280-190. Purpose; applicability of amendments. The Town Board of the Town of Southold has found that there exists within the Town certain structures with historic or community significance that are in danger of being permanently removed from the Town's scenic viewshed. The Town Board further finds these structures are deserving of preservation for this and future generations. The Town Board has determined that it is necessary to create a floating zone, which will be known as a Historic Preservation District, to afford an opportunity to protect these structures from demolition by providing an incentive to developers to maintain the faeade of said structures, in exchange for the ability to enjoy additional uses not currently, permitted in the underlyingzoning oning district. 4280-191. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third International Dictionary of the English Language, unabridged (or latest edition). ARTISAN MARKET - A retail space for artists to sell their individually crafted art work, jewelry, furniture, sculpture, pottery, leather craft, handwoven articles and related items. ARTIST STUDIO/WORKSHOP - An establishment for the preparation, display and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leather craft, handwoven articles and related items. COMMUNITY FACILITY - A structure located on a property owned, or formerly owned, by a religious institution, governmental institution, school, fraternal organization, library district, or fire district. GARDEN CENTER - A place of business where retail and wholesale products are sold to the consumer. These centers, which may include a nursery and/or greenhouse, import most of the items sold, and may include plants, nursery and stock, potting soil, hardware, small scale power equipment and machinery for residential purposes, hoes, rakes, shovels and other garden and farm variety tools and utensils. Southold Town Board Meeting March 10, 2015 page 31 SMALL BUSINESS OFFICE - Offices such as insurance agencies, real estate agencies, computer software services financial planning securities brokers and like -kind small business establishments excluding retail sales of any kind or nature and limited to overall floor space of 3,000 square feet. 4280-192. Eligibility. An application for the creation of a Historic Preservation District shall not be accepted unless the property contains: 1. A community facility; and 2. Said facility was designated as a "historic" landmark pursuant to Chapter 170 of the Code of the Town of Southold or the Town Historic Preservation Commission recommends, in a writing, that it should be designated as such. X280-193. Use regulations. In the HPD. no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: A. Permitted Uses. The following are permitted uses and, except for uses permitted under subsection (A)(1) (2) and (3) hereof, are subject to site plan approval by the Planning Board: 1. Single-family homes 2. Two-family homes 3. Bed and breakfasts, subject to the procurement of a bed and breakfast permit 4. Multiple dwelling units - apartments (for properties located within 1 mile of the hamlet centers) 5. Educational Institutions 6. Philanthropic. eleemosvnary (charitable) or religious institutions 7. Retail businesses limited to: (i) Farmers markets, (ii) Artisan markets; (iii)Artist studio/workshops, (iv) Craftsman studio/workshop (v) Garden centers; (vi)Dance studios; and (vii)Exercise studios Day-care facilities Small business offices 10. Professional offices 11. Museums and historical societies 12. Meeting hall and cultural centers 13. Auditorium/theatre, library, artag llery, exhibit halls 14. Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. B. Accessory uses. Accessory uses shall be limited to those which are clearly incidental and customarily accessory to the permitted principal use. Southold Town Board Meeting March 10, 2015 page 32 &280-194. Pre -application procedure. Prior to submitting an application for aproposed HPD, the applicant shall participate in a pre- submission conference with Planning Department staff in order to confirm that a community facility is located on the proposed site discuss the nature of the proposed HPD, the desired results and submittal requirements. 4280-195. Application procedure. A. Application and fees. The application for the HPD shall be filed with the Town Clerk, in a form approved by the Town Board and available in the office of the Town Clerk. Fees applicable to the HPD application shall be set by resolution of the Town Board. B. The procedure for approval of any future development in a proposed HPD shall involve a four -stage application process as follows: 1. Submission to the Town Clerk of completed application for an HPD. 2. Confirmation that the communityfacility is a "historic" landmark or recommended as such in a writing, by the Town of Southold Historic Preservation Commission. 3. Recommendation by the Planning Board to approve the concept plan of the subject property. 4. Public hearingon n the proposed HPD by the Town Board. C. Referral to Historic Preservation Commission. Upon receipt by the Town Clerk of a properly completed application for the establishment of a HPD, one copy of the application shall be referred to the Historic Preservation Commission in order to confirm that the community facility is either a "historic" landmark or is recommended as such. Within 45 days from the date of the Historic Preservation Commission meeting at which such referral is received, the Historic Preservation Commission shall report its determination to the Town Clerk. D. Referral to Planning Board. Upon the receipt by the Town Clerk of a report by the Historic Preservation Commission confirming that the community facility is either a "historic" landmark or is recommended as such, one copy of the application shall be referred to the Planning Board for its review and report, and one copy shall be referred to the Suffolk County Planning Commission for its review and recommendation, if required by the provisions of the Suffolk County Charter. Within 60 days from the date of the Planning Board meeting at which such referral is received, the Planning Board shall report its recommendations to the Town Board. No action shall be taken by the Town Board until receipt of the Planning Board report or the expiration of the Planning Board review period, whichever first occurs. Said review period may be extended by mutual consent of the Planning Board and the applicant. E. Planning Board report. The Planning Board, in its report to the Town Board, may recommend either approval of the application for the establishment of the HPD, with or without modifications, or disapproval of said application. In the event that the Planning Board recommends disapproval of said application, it shall state in its report the reasons for such disapproval. In preparing its report and recommendations, the Planning Board shall give consideration to the Town Comprehensive Plan, the existing and permitted land uses in the area, the location of buildings on the site, traffic circulation, both on and off the site, the adequacy and availability of community facilities and utilities, including public water and public sewer systems, to service the proposed development and other Southold Town Board Meeting page 33 March 10, 2015 factors as may be related to the purposes of this Article. F. Town Board public hearing. Within 45 days from the date of the Town Board's receipt of the Planning Board's report and recommendation or the expiration of the Planning Board review period whichever first occurs, the Town Board shall hold a public hearing on the matter of establishing HPD on the property described in the application. Such hearing shall be held upon the same notice as required by law for amendments to the Town Zoning Map and/or Zoning Code. G. Town Board action. 1. Within 45 days after the date of the close of the public hearing, the Town Board shall act either to approve, approve with modifications or disapprove the proposed HPD. A copy of the Town Board's determination shall be filed with the Planning Board and a copy mailed to the applicant. A copy shall also be filed in the Town Clerk's office. If such determination approves the establishment of a new HPD, the Town Clerk shall cause the Official Zoning Map to be amended accordingly. 2. If not designated already, the Town Board shall designate the subject community facility as a "Historic" landmark prior to issuing approval and as such the said facility shall adhere to all the requirements imposed by Chapter 170. 3. Revocation; extension. a. Upon reauest to the Town Board. on notice to the applicant, and for good cause shown, the establishment of an HPD may be revoked 18 months after said Town Board approval thereof if work on the site has not commenced or the same is not being prosecuted to conclusion with reasonable diligence. b. The Town Board, upon request of the applicant and upon good cause being shown, may, in the exercise of its discretion, extend the above time period. C. In the event of the revocation of approval as herein provided, the HPD shall be deemed revoked, and the zoning classification of the subject property shall revert to the zoning classification that existed on the property immediately_ prior to the establishment of the HPD thereon, and the Town Clerk shall cause the Official Zoning Map to be amended accordingly. 4280-196. Maintenance and termination. A. The communitv facilitv and its facade shall be maintained in good repair and in accordance with all applicable provisions of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code and Chapter 170. B. Following the Town Board approval of the HPD, the applicant shall file in the office of the Suffolk County Clerk covenants and restrictions in a form approved by the Town Attorney. The covenants and restrictions shall contain terms and conditions as the Town Board and the Planning Board deem necessary to ensure that the community facility and fagade are maintained inog od repair and in accordance with the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code and Chapter 170. C. If the community facility is demolished or otherwise destroyed, the HPD shall terminate Southold Town Board Meeting page 34 March 10, 2015 immediately and the zoning classification of the subject property shall revert to the zoning classification that existed on the property immediately, prior to the establishment of the HPD thereon, and the Town Clerk shall cause the Official Zoning Map to be amended accordingly. D. Failure to comply with this section shall be a violation punishable pursuant to §280-155. II. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓ Vote Record - Resolution RES -2015-259 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated 0 Tabled ❑ Withdrawn Robert Ghosio James Dinizio Jr Seconder Voter a R1 ❑ ❑ .......... ❑ ❑ ... _..... ❑ ❑ ❑ Supervisor's Appt ❑ Tax Receiver's Appt William P. Ruland Voter 21 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter E1 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P. Evans Mover D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A. Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost Next: 3/24/15 7:30 PM Comments regarding resolution 259 SUPERVISOR RUSSELL: Is there support of the Board to strike machinery? From the definition? BOARD MEMBERS: Yes. COUNCILWOMAN DOHERTY: And then we can always come back and amend it later if there is a change in the CPF. SUPERVISOR RUSSELL: Yes, those are issues we can take up at another time as a separate issue. ASSISTANT TOWN ATTORNEY KIELY: Do you want power equipment and machinery or just machinery? Southold Town Board Meeting March 10, 2015 page 35 SUPERVISOR RUSSELL: I think in the interest of prudence, power equipment and machinery. COUNCILWOMAN DOHERTY: Well, I disagree with that, power equipment could just... JUSTICE EVANS: Inaudible. SUPERVISOR RUSSELL: Okay, you know what we should do, maybe we should just table... JUSTICE EVANS: Until we come up with the correct language. SUPERVISOR RUSSELL: What we will do is we will finesse the language and then, I assume we don't need to do another public hearing? Because I don't think those changes are going to be substantial. 2015-260 CATEGORY. Enact Local Law DEPARTMENT. Land Preservation Enact LL CPF Management&Stewardship Plan 2015 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 24th day of February, 2015, a Local Law entitled "A Local Law in relation to the Town of Southold Communitv Preservation Fund Management and Stewardship Plan 2015"; and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law on the 10th day of March 2015, at which time all interested persons were given an opportunity to be heard, now therefore, be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to the Town of Southold Community Preservation Fund Management and Stewardship Plan 2015" reads as follows: LOCAL LAW NO.2 of 2015 A Local Law entitled, "A Local Law in relation to the Town of Southold Community Preservation Fund Management and Stewardship Plan 2015". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE In compliance with the Peconic Bay Community Preservation Fund, the Land Preservation Department has prepared a Community Preservation Fund Management and Stewardship Plan for real property interests acquired through the fund. This Plan must be adopted by local law and all expenditures from the fund for management and stewardship functions must be in compliance with the terms of the Plan. Southold Town Board Meeting March 10, 2015 page 36 II. Chapter 17 of the Code of the Town of Southold is hereby amended as follows: §17-13.1. Community Preservation Fund Management and Stewardship Plan adopted. The Town Board of the Town of Southold hereby approves and adopts the Town of Southold Community Preservation Management and Stewardship Plan 2014 2015 for real property interests acquired by use of moneys from the Town of Southold Community Preservation Fund, prepared by the Land Preservation Coordinator, presented to the Town Board during the Work Session of February��4-4, 24, 2015 and intended to be the management and stewardship plan required by § 64-e (6) of the New York State Town Law. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record - Resolution RES -2015-260 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 VI. Public Hearings PH 2/24/15 @ 7:32 PM LL/Eligibility Requirements Certain Town Offices History: 02/24/15 Town Board ADJOURNED Next: 03/10/15 COUNCILMAN GHOSIO: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 10th day of February 2015, a Local Law entitled "A Local Law in relation to Amendments to Chapter 42, Officers and Employees, in connection with Eligibility Requirements for Certain Town Offices" now, therefore, be it Southold Town Board Meeting page 37 March 10, 2015 RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 24th day of February, 2015, at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 42, Officers and Employees, in connection with Eligibility Requirements for Certain Town Offices" reads as follows: LOCAL LAW NO. 2015 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 42, Officers and Employees, in connection with Eligibility Requirements for Certain Town Offices". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose To broaden the residency requirement set forth in the Town Law and the Public Officer's Law to expand the pool of qualified candidates for certain Town offices. II. Chapter 42 of the Code of the Town of Southold is hereby amended as follows: ARTICLE III. Residency Requirements &42.9. Supersession of Town Law and Enactment Authority. This Article is enacted pursuant to Municipal Home Rule Law § 10(1) ii)(a)(1) and is intended to supersede Town Law §23(1) and Public Officer's Law §3(1) relating to the qualification of Town officers. 442.10. Eligibility Requirements for Certain Town Officers. Every officer of the Town of Southold, except elective officers, shall, at the time of his or her appointment and throughout his or her term of office, be an elector and resident of the County of Suffolk. For the purposes of this Article, the term "officer" shall not be construed to include appointed members of Town administrative boards. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Southold Town Board Meeting page 38 March 10, 2015 I do have here a notice from the Suffolk Times on February 19`" showing the notice of this public hearing. I also have a notarized affidavit to that effect. And that is it. SUPERVISOR RUSSELL: I would invite anybody who would like to address the Town Board on this local law to please feel free. BENJA SCHWARTZ: Good evening. Benja Schwartz, Cutchogue. Not enough people in the Town of Southold looking for work I guess. It seems very abstract, officers except for elected officers, what, you know, the, this Town Board is here to do the public business and the public has a right I think, is the need to know what the thinking behind these ideas are. Was there a particular office that it was difficult to find a candidate for? SUPERVISOR RUSSELL: It is not a question of difficulty, it is a question of expanding our search to cast as wide a net as possible. I think it is certainly appropriate for a Town Board to look as far as we can for candidates. As you know, we are trying to fill the position of Martin Finnegan who has moved on to greener pastures and we posed the local law in case we need to expand our search beyond our borders. We, as a Board, believe that local candidates should have preference but that's not the same as exclusivity. MR. SCHWARTZ: I am sorry I missed the meeting the other day, the work session at which the new Justice Court director presented a summary of how she has been doing there in the Justice Court. I don't know how long she has been there but she doesn't live in Southold Town, does she? But there was no problem appointing her? SUPERVISOR RUSSELL: It's a civil service position, Benja. It's regulated by civil service, we are required to hire someone either who is on the list and reachable on the civil service list for the test or someone who is already serving in that capacity. MR. SCHWARTZ: I am just trying to understand, this is implying... SUPERVISOR RUSSELL: Town officers are not a competitive class positions, classified by civil service. There is no civil service position, Town Attorney, things like that are discretionary by Boards. MR. SCHWARTZ: Okay, so this applies to non -elected, non -civil service positions. It didn't say that but I am trying to understand it. I spoke last week but it wasn't at the public hearing so I think it probably bears repeating the comments that were made on this last week that maybe should be considered in connection with this proposed legislation and I didn't get any sense of how the Board felt about possibly inserting some language of expressing a preference for local people. You know, personally I think that this law is not a bad idea but that in connection with this, this law is a, it is a bad idea if it is not implemented appropriately and if there are not other measures taken to stem the brain drain that has been occurring. And you know, we need smart people, we need competent people in our local government. And if we can't find them in our local area maybe we need to look other places but also, maybe we need to look towards developing people for the future to help operate our local government and the local interest with Southold Town Board Meeting page 39 March 10, 2015 local people. I think there are a lot of ways to do that but I don't see much happening. But does that make any sense... SUPERVISOR RUSSELL: Sure. Absolutely. MR. SCHWARTZ: That an express stated preference for local people... SUPERVISOR RUSSELL: It doesn't need to be in the body of the proposed local law, a stated preference for locals, that would be at the discretion of this Board or any future Board. MR. SCHWARTZ: Couldn't that be put in the whereas clause or somewhere in the, you know, the law is not just cut and dry, it's.... SUPERVISOR RUSSELL: It would not enhance the local law at all. Local preference, it's the right of any Board to insist on a local preference. I don't think you need to put it in the body of the proposed code. I don't think it serves any purpose. It's adding words for words sake. MR. SCHWARTZ: I think it was Councilman Ruland this morning that said just because you can do something doesn't mean you should but to say that, you know, you should consider the local... SUPERVISOR RUSSELL: Well, it is a good proposal then. We will take it under advisement. MR. SCHWARTZ: I think would do a whole lot to negate any potential negative consequences of this law. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on this particular local law? COUNCILMAN RULAND: I would like to leave the hearing open for two weeks in case anyone would like to send us comment either electronically or any way, shape or form, having seen this on channel 22. I don't think we are in a rush. This hearing was recessed at 8:04 PM. Hearing was left open to receive further public comment for two (2) weeks. This hearing was closed March 10, 2015. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Motion To: Motion to recess to Public Hearing Southold Town Board Meeting March 10, 2015 page 40 RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed iat 4:51PM in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell PH 3/10/15 @ 4:32 PM LL/Historic Preservation District COUNCILMAN GHOSIO: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 10th day of February, 2015, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Historic Preservation District" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 10th day of March, 2015 at 4:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Historic Preservation District" reads as follows: LOCAL LAW NO. 2015 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Historic Preservation District". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: Article XXXIII. Historic Preservation District (HPD) 4280-190. Purpose; applicability of amendments. The Town Board of the Town of Southold has found that there exists within the Town certain structures with historic or community significance that are in danger of being_ permanently removed from the Town's scenic viewshed. The Town Board further finds these structures are deserving of preservation for this and future generations. The Town Board has determined that it is necessary to create a floating zone, which will be known as a Historic Preservation District to afford an opportunity to protect these structures from demolition by providing an incentive to developers to maintain the fagade of said structures, in exchange for the ability to enjoy additional uses not currently permitted in the underlyingzoning oning district. &280-191. Definitions. Unless otherwise expressly stated, the following terms shall for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third International Dictionary of the English Lan uage Southold Town Board Meeting March 10, 2015 unabridged (or latest edition). page 41 ARTISAN MARKET - A retail space for artists to sell their individually crafted art work, Jewelry, furniture, sculpture, pottery, leather craft, handwoven articles and related items. ARTIST STUDIO/WORKSHOP - An establishment for the preparation, display and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery leather craft, hand-woven articles and related items. COMMUNITY FACILITY - A structure located on a property owned, or formerly owned, by religious institution, governmental institution, school, fraternal organization, library district, or fire district. GARDEN CENTER - A place of business where retail and wholesale products are sold to the consumer. These centers, which may include a nursery and/or greenhouse, import most of the items sold, and may include plants, nursery and stock, potting soil, hardware, power equipment, and machinery, hoes, rakes, shovels and other garden and farm variety tools and utensils. SMALL BUSINESS OFFICE - Offices such as insurance agencies, real estate agencies, computer software services, financial planning securities brokers and like -kind small business establishments excluding retail sales of any kind or nature and limited to overall floor space of 3,000 square feet. 4280-192. Eligibility. An application for the creation of a Historic Preservation District shall not be accepted unless the property contains: 1. A community facilites 2. Said facility was designated as a "historic" landmark pursuant to Chapter 170 of the Code of the Town of Southold or the Town Historic Preservation Commission recommends, in a writing, that it should be designated as such. 4280-193. Use regulations. In the HPD. no building or premises shall be used and no buildina or Dart of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following_ A. Permitted Uses. The following are permitted uses and, except for uses permitted under subsection (A)(1), (2 and (3) hereof, are subject to site plan approval by the Planning Board: 1. Single-family homes 2. Two-family homes 3. Bed and breakfasts, subject to the procurement of a bed and breakfast permit 4. Multiple dwelling units - apartments (for properties located within 1 mile of the hamlet centers) 5. Educational Institutions 6. Philanthropic, eleemosynary (charitable,) or religious institutions Southold Town Board Meeting March 10, 2015 7. Retail businesses limited to: page 42 13. Auditorium/theatre, library, artag llery, exhibit halls 14. Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. B. Accessory uses. Accessory uses shall be limited to those which are clearly incidental and customarily accessory to the permitted principal use. 4280-194. Pre -application procedure. Prior to submitting an application for a proposed HPD. the applicant shall participate in a Dre- submission conference with Planning Department staff in order to confirm that a community facilitv is located on the Dronosed site. discuss the nature of the proposed HPD. the desired results and submittal requirements. 4280-195. Application procedure. A. Application and fees. The application for the HPD shall be filed with the Town Clerk. in a form approved by the Town Board and available in the office of the Town Clerk. Fees applicable to the HPD application shall be set by resolution of the Town Board. B. The procedure for approval of any future development in a proposed HPD shall involve a four -stage application process as follows: 1. Submission to the Town Clerk of completed application for an HPD. 2. Confirmation that the community. facility acility is a "historic" landmark or recommended as such, in a writing, by the Town of Southold Historic Preservation Commission. 3. Recommendation by the Planning Board to approve the concept plan of the subject property_ 4. Public hearing on the proposed HPD by the Town Board. C. Referral to Historic Preservation Commission. Upon receipt by the Town Clerk of a properly completed application for the establishment of a HPD, one cop of f the application shall be referred to the Historic Preservation Commission in order to confirm that the communityfacility acility is either a "historic" landmark or is recommended as such. Within 45 days from the date of the Historic Preservation Commission meeting at which such referral is received, the Historic Preservation Commission shall report its determination to the Town Clerk. D. Referral to Planning Board. Upon the receipt by the Town Clerk of a report by the (i) Farmers markets, (ii) Artisan markets; (iii)Artist studio/workshops; (iv) Craftsman studio/workshops; (v) Garden centers; (vi)Dance studios; and (vii)Exercise studios 8. Day-care facilities 9. Small business offices 10. Professional offices 11. Museums and historical societies 12. Meeting hall and cultural centers page 42 13. Auditorium/theatre, library, artag llery, exhibit halls 14. Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. B. Accessory uses. Accessory uses shall be limited to those which are clearly incidental and customarily accessory to the permitted principal use. 4280-194. Pre -application procedure. Prior to submitting an application for a proposed HPD. the applicant shall participate in a Dre- submission conference with Planning Department staff in order to confirm that a community facilitv is located on the Dronosed site. discuss the nature of the proposed HPD. the desired results and submittal requirements. 4280-195. Application procedure. A. Application and fees. The application for the HPD shall be filed with the Town Clerk. in a form approved by the Town Board and available in the office of the Town Clerk. Fees applicable to the HPD application shall be set by resolution of the Town Board. B. The procedure for approval of any future development in a proposed HPD shall involve a four -stage application process as follows: 1. Submission to the Town Clerk of completed application for an HPD. 2. Confirmation that the community. facility acility is a "historic" landmark or recommended as such, in a writing, by the Town of Southold Historic Preservation Commission. 3. Recommendation by the Planning Board to approve the concept plan of the subject property_ 4. Public hearing on the proposed HPD by the Town Board. C. Referral to Historic Preservation Commission. Upon receipt by the Town Clerk of a properly completed application for the establishment of a HPD, one cop of f the application shall be referred to the Historic Preservation Commission in order to confirm that the communityfacility acility is either a "historic" landmark or is recommended as such. Within 45 days from the date of the Historic Preservation Commission meeting at which such referral is received, the Historic Preservation Commission shall report its determination to the Town Clerk. D. Referral to Planning Board. Upon the receipt by the Town Clerk of a report by the Southold Town Board Meeting March 10, 2015 page 43 Historic Preservation Commission confirming that the community facility is either a "historic" landmark or is recommended as such, one copy of the application shall be referred to the Planning Board for its review and report, and one copy shall be referred to the Suffolk County Planning Commission for its review and recommendation, if required by the provisions of the Suffolk County Charter. Within 60 days from the date of the Planning Board meeting at which such referral is received, the Planning Board shall report its recommendations to the Town Board. No action shall be taken by the Town Board until receipt of the Planning Board report or the expiration of the Planning Board review period, whichever first occurs. Said review period may be extended by mutual consent of the Planning Board and the applicant. E. Planning Board report. The Planning Board, in its report to the Town Board, may recommend either approval of the application for the establishment of the HPD, with or without modifications, or disapproval of said application. In the event that the Planning Board recommends disapproval of said application, it shall state in its report the reasons for such disapproval. In preparingits report and recommendations, the Planning Board shall give consideration to the Town Comprehensive Plan, the existing and permitted land uses in the area, the location of buildings on the site, traffic circulation, both on and off the site, the adequacy and availability of community facilities and utilities, including public water and public sewer systems, to service the proposed development and other factors as may be related to the purposes of this Article. F. Town Board public hearing. Within 45 days from the date of the Town Board's receipt of the Planning Board's report and recommendation or the expiration of the Planning Board review period, whichever first occurs, the Town Board shall hold a public hearing on the matter of establishing HPD on the property described in the application. Such hearing shall be held upon the same notice as required by law for amendments to the Town Zoning Map and/or Zoning Code. G. Town Board action. 1. Within 45 days after the date of the close of the public hearing, the Town Board shall act either to approve, approve with modifications or disapprove the proposed HPD. A copy of the Town Board's determination shall be filed with the Planning Board and a copy mailed to the applicant. A copy shall also be filed in the Town Clerk's office. If such determination approves the establishment of a new HPD, the Town Clerk shall cause the Official Zoning Map to be amended accordingly. 2. If not designated already, the Town Board shall designate the subject community facility as a "Historic" landmark prior to issuing approval and as such the said facility shall adhere to all the requirements imposed by Chapter 170. 3. Revocation; extension. a. Upon request to the Town Board, on notice to the applicant, and for good cause shown, the establishment of an HPD may be revoked 18 months after said Town Board approval thereof if work on the site has not commenced or the same is not being prosecuted to conclusion with reasonable diligence. b. The Town Board, upon request of the applicant and upon good cause being shown, may, in the exercise of its discretion, extend the above time period. Southold Town Board Meeting March 10, 2015 page 44 C. In the event of the revocation of approval as herein provided. the HPD shall be deemed revoked, and the zoning classification of the subject property shall revert to the zoning classification that existed on the property immediately prior to the establishment of the HPD thereon, and the Town Clerk shall cause the Official Zoning Map to be amended accordingly. 4280-196. Maintenance and termination. A. The communitv facilitv and its facade shall be maintained in good repair and in accordance with all applicable provisions of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code and Chapter 170. B. Following the Town Board approval of the HPD, the applicant shall file in the office of the Suffolk County Clerk covenants and restrictions in a form approved by the Town Attorney. The covenants and restrictions shall contain terms and conditions as the Town Board and the Planning Board deem necessary to ensure that the communit fly and fagade are maintained ino�pair and in accordance with the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code and Chapter 170. C. If the communityfacility acility is demolished or otherwise destroyed, the HPD shall terminate immediately and the zoning classification of the subject property shall revert to the zoning classification that existed on the property immediately prior to the establishment of the HPD thereon, and the Town Clerk shall cause the Official Zoning Map to be amended accordingly. D. Failure to comply with this section shall be a violation punishable pursuant to &280-155. II. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I do have an affidavit for the posting on the Town Clerk's bulletin board. That was on February 13. An affidavit that it has appeared in the Suffolk Times. I do have a Planning Board recommendation here from the chairman of the Planning Board Donald Wilcenski, `Thank you for the opportunity to provide comments, the Planning Board supports the adoption of this legislation.' I also have a memorandum from the LWRP coordinator, that tells us that the proposed action has been reviewed to the New York State Department of Environmental Conservation, SEQRA and it is my determination that pursuant to part 617.5c(27), the action as proposed is a Type II action and therefore not subject to SEQRA review. I have another memorandum from the LWRP coordinator that this law has been reviewed to chapter 16, Southold Town Board Meeting page 45 March 10, 2015 Waterfront Consistency Review of the Town of Southold town code, the local waterfront revitalization program, the LWRP. Based upon the information provided to this department as well as the records that were available, this proposed action is consistent with the LWRP policy standards and therefore is consistent with the LWRP. And finally, I do have a letter from Suffolk County Department of Economic Development and Planning, that tells us that a decision of local determination should not be construed as either an approval or a disapproval but that the county does not have any apparent significant determination for this. That is it. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Supervisor Scott A. Russell SUPERVISOR RUSSELL: I would invite anybody that would like to address this local law to please feel free. Before anybody does that, I just want to introduce Mark Terry the principal planner and he was a key architect in helping the Town Board draft this legislation. He is here to answer any questions. Obviously we got a very healthy dose of input from the Landmarks Preservation Committee. I see many of the members here as well. Robert Dunn, Peconic ROBERT DUNN: Robert Dunn, Peconic. I think it's 100 percent spot on. I just have a question about one of the definitions. You are going to define what could be done in here and one of them is garden center and if you read the small print, may include plants, nursery, potting soil, hardware, power equipment and machinery. The buildings that brought this about is primarily with the churches. They all have parking lots which would make great areas to stock lawn tractors, piles of peat, all of the kind of stuff that gets dirty. Inaudible, in landscape center. I don't know if we want to leave that much wiggle room for somebody to go in and put that type of stuff in. Or if it is (inaudible) with people who are currently living next to, in residential areas, living next to churches and or other buildings that might end up being covered by this to turn a large part of land next to them in what could be, have the appearance of a used car lot. I mean, you can go down here legally, we have a number of stores in town that store that kind of stuff and they allow pyramids of wheelbarrows, lawn mowers, lawn chairs, like I said, peat and grass seed and whatever, stacked up out in front of their stores. I don't know if that is appropriate for the areas where these buildings are, especially in residential areas. And even not only for the appearance of the town but for the protection of the people who live there now. basically have (inaudible) on Sunday or a couple of nights a week and then the rest of the week it is just wide open, so they are okay living next to a church and they have accepted that they have to put up with, are they going to put up with living next to something with industrial appearance? Inaudible. SUPERVISOR RUSSELL: Okay, sure. Mark and Stephen, if they want to clarify what the intent of that particular use was? MarkTerry MARK TERRY, PRINCIPAL PLANNER: Sure. The intent was for a smaller type operation, business, that would sell community goods such as nursery and or greenhouse stock, plants, Southold Town Board Meeting page 46 March 10, 2015 nursery, potting soil, hardware, I do see a problem where would have maybe large power equipment or machinery on site and maybe we need to readdress that. I think that it is a valid comment, to tell you the truth, because there's no threshold or no limitation of how many, you know, tractors or that type of things you could have... MR. DUNN: I just hear, Mr. Ruland would know, that guy on Edward's Avenue, he is selling tractors there. It looks like a used car lot. I mean, maybe just a setback. COUNCILMAN RULAND: It is, Bob. MR. DUNN: What? COUNCILMAN RULAND: A used car lot. SUPERVISOR RUSSELL: One of the things, I would agree with you and Mark, maybe we should strike machinery from the definition but one of the issues with this legislation is that it provides a substantial amount of oversight. What we are doing is we are overlaying zoning on existing (inaudible) parcel, with review of the Landmarks Preservation Commission and I believe site plan. So you can limit some of those uses. MR. DUNN: Okay. Just so you are not giving somebody... SUPERVISOR RUSSELL: It's not like rezoning. MR. DUNN: Inaudible. SUPERVISOR RUSSELL: No, when you rezone traditionally you rezone land and it attaches to the land. This would actually be zoning that attaches to the building. But.... MR. DUNN: I mean, a garden center might be a great use if it was a nursery, florist kind of thing but when you start bringing in power tools and machinery, it's something else. SUPERVISOR RUSSELL: You are right. We can strike that. MR. DUNN: Thank you. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board on this? Damon Rallis DAMON RALLIS: Damon Rallis, 3290 Wickham Avenue Mattituck. I'm here to speak in support of this legislation but also and Scott already covered this, I want to acknowledge behind the scenes work that went on into drafting this law. As he said, the Planning Department particularly Mark Terry did a fantastic job of putting this together. This legislation was born from what I see as true community participation, commitment and action. Two years ago, in response to the Sacred Heart church being vacated and its church properties being placed on the Southold Town Board Meeting page 47 March 10, 2015 market, a group of individuals comprised of parish members, members of the Landmarks Preservation Commission but also the Cutchogue-New Suffolk Historical Council and numerous area residents particularly from Cutchogue came to the table to form the Committee to save Sacred Heart. That group pooled its resources together, they explored every option to preserve the character of downtown Cutchogue by looking for creative ways to ensure that the Sacred Heart church building wasn't bulldozed for houses. Over time, news broke of more historic churches being closed and placed on the market. The Sacred Heart Committee and the Town of Southold and this Board recognize the urgency of this situation and took action. That's how we got here. Although the Committee to Save Sacred Heart is now defunct, I believe that every member of that group, the town's Landmark Commission, Cutchogue-New Suffolk Historical Council, all of them deserve a pat on the back for making this happen. A number of them are in the audience today. So, thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this particular local law? Tom McCloud, Pastor N.F.United Methodist Church TOM MACLEOD: I am Tom MacLeod, pastor of the North Fork United Methodist Church. You are talking about us today and I want to say what a wonderful piece of legislation I believe that you are offering. It is so pro -active that it makes my heart warm to know that the government really can work on behalf of the people. You are to be applauded and congratulated on your good work on this. I believe it could be made just a little bit better and the reason why I am here is to speak about the incentive, to incentivize it just a little bit further. When you talk about preserving historic buildings, you are talking about a financial burden possibly on a person who would want to do such a thing. At your disposal, you have your CPF funds, your Community Preservation Funds based on the taxes that are paid for every property that is sold on the North Fork. My thought would be to incentivize the purchase not so much for the church to use because we have a separation of church and state but for a particular person buying a building, to maintain its character, to either be exempt from the CPF law at time of closing or to have the funds be set aside for the preservation. Now I have spoken with Fred Thiele in the past about this and the conversation is that it can actually be in your Board to use those funds in that matter. You have been using them to preserve open space but part of preservation funds is to preserve the antiquity of the land and so I would offer, as a way of incentivizing, that maybe there be discussion upon the Board's part to see if there is a way you could resource those funds and use them in a way to offset those costs to maintain some of these older structures. SUPERVISOR RUSSELL: If I can just address the, under the current CPF law, we couldn't offset a private party's costs. CPF funds can only be used for acquisition of historic structures by the town and then any cost of maintenance could be borne from the CPF fund but there is no provision in the current code or the current law to allow the CPF fund to essentially turn into a grants issuance, so that's something we would have to take up with Assemblyman Thiele, that we require modification at the state level. PASTOR MACLEOD: Right. Which I believe Assemblyman Thiele is in the process of doing that, even for the South Fork. So, it would be a wonderful piece of legislation to add to your preservation of the antiquities because again, when you are talking about restoring an older Southold Town Board Meeting page 48 March 10, 2015 building and those who know that, you are talking about a heavy cost and you know, we don't want to tie the hands too much of being able to sell these buildings to be the rightful use, to be preserved. That's our goal. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this particular local law? Zac Studenroth, President Cu/Ns Historical Society ZACH STUDENROTH: My name is Zach Studenroth, I am the director of the Cutchogue-New Suffolk Historical Council and just very briefly to follow up on Damon's earlier remarks, I just want to mention that it actually took quite a bit of courage on the part of the members of the Board and members of Cutchogue Historical to step forward and express their concerns about the future preservation of the church properties simply because any number of these individuals are members of the congregation, have deep roots in the community, are very committed to both the preservation of the structures as historical buildings but we are also committed to their church and this set-up of somewhat awkward dichotomy, quite a challenge for many individuals. But the council felt that its mission and objective is primarily that of preserving the historical character of the community and as such, we are quite concerned at the prospect that these landmark buildings which all enjoy as we drive back and forth through town were potentially threatened and the delicate discussion with church leaders had to take place because we wanted to assure them as the owners of the real property, that we were not in any way challenging their interests or rights or business plans etc., but simply looking to preserve buildings of quality in the village. So this took some delicate meetings, discussions but the board stuck with it and together with the members of the Landmark Commission and members of the local public, we kind of hung in there and we are extremely pleased to see that that early initiative, unfortunately dismayed as well that other churches are encountering this same phenomenon too but for the town to take this up as a town -wide preservation issue and took look at creative ways of assisting preservation is extremely heartening. So I want to thank you all for taking this up and we will follow how things go very closely. Thanks. SUPERVISOR RUSSELL: Just so I can clarify, the town decided to take a new approach, obviously with the first church going on the market, there had been some discussion at that time that looking at, I think that was a residential zone and there was a discussion as to maybe looking at an office, RO zone and that might enhance the value, the problem is that when you rezone property, it's the underlying, you rezone the land and there's no assurance that the structure is going to be protected so what we did is we took a new look at it and if we can create zoning that actually focuses on the structure which is what this does, then we can assure protection of the structure. It is also voluntary. In other words, we are going to give you all these enhanced uses provided you agree to maintain the historic integrity of the exterior of the structure. So it was a new approach, we thought it would help with the marketability of these structures and hopefully protect them as best we can as we move forward. Would anybody else like to address the Town Board? Robert Harper ROBERT HARPER: I am Robert Harper from the Historic Preservation commission and I also would like to thank everyone involved in this. The forward thinking of the Town Board, Southold Town Board Meeting page 49 March 10, 2015 everyone involved. This is going to give us an incredible tool to preserve what I feel is an endangered species and something that makes Southold Town something special. I thank you for recognizing that and for giving us the tool to be able to do something about that. Well done. Supervisor Russell SUPERVISOR RUSSELL: Would anyone else like to comment or clap? Please, please. You are embarrassing us. Would anyone else like to comment on this particular local law? (No response) PH 3/10/15@4:34 PM LL/CPF Management & Stewardship Plan 2015 COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 24th day of February, 2015, a Local Law entitled "A Local Law in relation to the Town of Southold Community Preservation Fund Management and Stewardship Plan 2015"; and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 10th day of March, 2015 at 4:34 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to the Town of Southold Community Preservation Fund Management and Stewardship Plan 2015" reads as follows: LOCAL LAW NO. 2015 A Local Law entitled, "A Local Law in relation to the Town of Southold Community Preservation Fund Management and Stewardship Plan 2015". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE In compliance with the Peconic Bay Community Preservation Fund, the Land Preservation Department has prepared a Community Preservation Fund Management and Stewardship Plan for real property interests acquired through the fund. This Plan must be adopted by local law and all expenditures from the fund for management and stewardship functions must be in compliance with the terms of the Plan. II. Chapter 17 of the Code of the Town of Southold is hereby amended as follows: §17-13.1. Community Preservation Fund Management and Stewardship Plan adopted. The Town Board of the Town of Southold hereby approves and adopts the Town of Southold Community Preservation Management and Stewardship Plan 20142015 for real property interests acquired by use of moneys from the Town of Southold Community Southold Town Board Meeting March 10, 2015 page 50 Preservation Fund, prepared by the Land Preservation Coordinator, presented to the Town Board during the Work Session of February 25�-4r 24, 2015 and intended to be the management and stewardship plan required by § 64-e (6) of the New York State Town Law. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I do have a notarized copy that the posting was done on the Town Clerk's bulletin board. I also have here an affidavit of publication in the Suffolk Times. And I do have a memorandum from the LWRP coordinator, telling us that this proposed local law is consistent with the LWRP. And that is it. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Supervisor Russell SUPERVISOR RUSSELL: Okay. Tonight we have the Director of Land Preservation here, Melissa Spiro. Melissa Spiro, Land Preservation Coordinator MELISSA SPIRO: Director of Land Preservation, Southold Town. Thank you. The Community Preservation Fund Management and Stewardship Plan, which is a mouthful, details proposed expenditures from the Community Preservation Fund just for management and stewardship purposes. We are required to have the plan in order to spend any money on stewardship. CPF law allows you to spend up to 10 percent of what our annual collection was for the year before and our plan is well within the 10 percent allowance. The plan includes a list of the existing properties we have already acquired with CPF funds for open space purposes and proposed projects and cost estimates for each property for the year 2015. Inclusion in the plan doesn't mean that the town will definitely proceed with that particular project, that is still subject to a management plan, Town Board approval, prioritization of all the projects and in some cases, some of these projects are eligible for grant reimbursements also. The plan includes funding for such items as Department of Public Works assisting public access on preserves that are already officially open to the public. it has funds for general supplies for DPW to do that work, there are funds for trail improvements such as boardwalks, for signage, kiosks, that type of thing. Interpretive signs. Also for deer management within the community preservation preserves and only within the community preservation preserves. Again, for invasive species removal within CPF preserves. There are other specific projects and they are detailed in the plan. We have a community preservation project plan, that is our CPF plan, that plan is a separate document. It is Southold Town Board Meeting page 51 March 10, 2015 not the same as the stewardship plan. The CPF plan identifies how the town intends to preserve and protect properties and includes a list of eligible properties for purchase. A stewardship plan is just about stewardship. The Land Preservation Committee has reviewed the plan and they support the Town Board adoption of this local law. SUPERVISOR RUSSELL: Thank you. Would anyone else like to comment on this particular local law? Bill Toedter,Representing NFEC BILL TOEDTER: Bill Toedter, I represent the North Fork Environmental Council. Obviously this is great, this legislation, we encourage the town to adopt it. I do know from the past, (inaudible) not all of the town preserved properties have management plans finalized and in place and we would like to encourage that to be done because I think it is very important from a budgeting process to understand the cost of maintaining these lands as well as what funds will be available to groups for education purposes or other reasons that are maintained within the management plans for these preserves. So I encourage the town to make sure that each of those protected properties do have management plans in place, so that those costs and those availability of funds (inaudible). Thank you. Supervisor Russell SUPERVISOR RUSSELL: Thank you. Would anyone else like to address the Town Board on this particular local law? (No response). Closing Comments Supervisor Russell SUPERVISOR RUSSELL: That concludes the business of the agenda, I am going to ask anybody that would like to address the Town Board to please feel free. Before I do that though, I want to acknowledge the fact that you guys have been great tonight, you are certainly well- behaved. Better than I was when I was your age. Councilman Robert Ghosio COUNCILMAN GHOSIO: I just want to take that a step further though, are you guys working for a badge? Is that why you are here? (Inaudible comments from Boy Scouts) Before we move on, do you guys have any questions for us? COUNCILWOMAN DOHERTY: That's why we are impressed that you behaved because we knew you didn't understand what is going on. It's hard to sit still. COUNCILMAN GHOSIO: Well, thanks for coming here. BOY SCOUT: Inaudible Supervisor Russell SUPERVISOR RUSSELL: Yes, I think one of the Town Board members had suggested that because he had talked to a mom that her son was hit in the eye with a piece of candy thrown Southold Town Board Meeting page 52 March 10, 2015 from one of the marchers and there was an issue there in regards to safety, that the Town Board felt they needed to address but I agree, it's not one of the more exciting things we ever passed, that's for sure. Boy Scouts BOY SCOUT: It's not like anybody got hit by a car, is it? Supervisor Russell SUPERVISOR RUSSELL: But you know what matters to us? You are not allowed to throw cars at parades either. Supervisor Russell SUPERVISOR RUSSELL: That's right. You know what we will do, we will put that on in two weeks, maybe we can revisit that policy. We will put it on in two weeks and have a healthy discussion. How's that? Would anyone else like to address the Board on any issue? George Adlcroft, Peconic GEORGE ALDCROFT: George Aldcroft, Peconic. First of all, I want to thank Supervisor Russell for, I spent a few minutes with him the other day because as you know, I have been the one supposedly that's against a shrimp farming and (inaudible), I am not at all and I think that I explained to him very carefully and I said, one thing about being retired, I have more time than some people that are not retired and since we started with aquaculture, I said, I need to learn something about it. And so I went online and the more I went online, the more I learned that there are some things that I am concerned about as I have gone online. I shared some of that meeting with the agriculture committee and advisory committee and they were very nice, I mean they gave me first of all 15 minutes but they gave me more time than that to explain things because I think what we need to do in this town, I don't know where the rest of you are at, I don't know where the town is at but somehow agriculture is an important industry, I would prefer in keeping it here than seeing development. I have loved living out here since 1972, I haven't liked some of the changes we have seen in the environment but you have to go along with it and I was also at the meeting and I kind of said to him, I am kind of sorry that sometimes you don't give us more information because for us to be supportive of agriculture, why don't you give us more information? There was a gentleman there, Mr. Ruland would know, talking about his chicken farm. And Bob and I were there, we said, this is really interesting. All of the things that he has to go through to get a law and he also wanted to make sure that it was organic. And I said, you know, this is information that kind of would be nice to get out to people so that we as residents are supportive of agriculture. And as you know, I have been against residential, okay, for aquaculture and that because again when you buy a piece of property, residential property, is you are looking kind of not be faced with 100 feet away from you, something going on. You buy next to an agriculture piece of property, that is understood and I would hate to see that somehow that all of sudden when you were thinking about even five acre zoning, that we take away some of the residential and that may not be where it is going to go and I know you have got a number of committee (inaudible) but all of a sudden you begin, would you be turning more residents against agriculture rather than be for it so that rather, we need to be a team here to preserve as much as we can in this area of the residential and also of our agriculture. Inaudible of development as much as possible but I also know that in order to have a farm, you have got to Southold Town Board Meeting page 53 March 10, 2015 make enough money, you have got to make enough income to make it profitable. I think aquaculture is one thing that can do that if it is done correctly. One of the things going online that bothered me the most and I went onto the agriculture and markets, you go to their A to Z list index. Zero is on aquaculture, it is not mentioned. The other thing is when you go to their law articles which I have the whole packet for you and the information I am sharing, there is zero mention on aquaculture and the only place you can find something is the environmental conservation which is marine fisheries. And when you go to the New York State aquaculture permits, what is listed, okay, is here's places that you can go that the EPA and the DEC and that both of you know, they are kind of understaffed and we have already dealing with some problems already with clamming and what we can do here and then I go and I take a look at some other states and I take a look at the, you know, the information that you can receive online about aquaculture and I brought you, these are Connecticut's, I haven't brought you the one I went on, I gave this to the farming committee, the ones on California, the ones that Florida have, the ones that Georgia have, the ones that Mass have and they are also listing the type of fish you can't grow and something here, we are going to start something and obviously it is something that belongs here. The other thing and Bill, it was you that also mentioned to me about aquaponics, seems like a great way to be able to have something enclosed, so it is not making a lot of noise, it's not out in the open, it doesn't stink, it doesn't do things and we can do something in this town to support aquaculture and it can be done properly and it would help many agriculture people, maybe bring some extra money that they can't and as I am taking a look at this also, because I have a fish tank and reading about, oh, lion fish, I put something in there. I don't know if you know anything about the lion fish but they are the type of fish that's kind of an orange color fish and it's got all of the tentacles coming out, very poisonous, well, some people dump them down in Florida or the Caribbean and now what's happened is they are killing almost all the fish, they are even sending people out to kill them and if you take a look at some of the recent maps, they are even moving up to Long Island, they are in North Carolina, so if we are going to say that we are going to do the aquaculture but are we also going to include aquarium fish? We need to be very careful about what people are going to be growing and putting in these tanks and then you say, if we put them in, who is going to watch them? The DEC isn't out here and the EPA doesn't come out. Are we going to do that? So this is what I am concerned about. I think it is an industry we need to have out here, we should have out here but how we put it in, how we regulate it and how we work within the town is critical. And I have got a packet for each one of you and some of the stuff that you know, I think are important like I said, I gave out more to the agriculture committee because I know they will be the ones hopefully giving us some recommendations on what to do. Thank you. SUPERVISOR RUSSELL: Thank you. Robert Hanlon, President Orient Association ROBERT HANLON: I am Robert Hanlon, I am the president of the Orient Association. It has just recently come to our attention that the New York Metropolitan Transportation Council has a proposal, a proposal for a freight plan that appears to include an increase of approximately 25% in the amount of truck traffic coming across the Orient Point ferry and along Route 25 and that traffic is being diverted from Connecticut. The proposal is up for comment and review, there are public hearings on March 19 in New York City, 18th excuse me, there are no hearings on Long Island and there is an opportunity for public comment through March 31. We are going to hold a Southold Town Board Meeting page 54 March 10, 2015 forum in Orient at Poquatuck Hall on this Saturday March 14th and several council people have already indicated they will join us, to take part in this discussion. We would ask that the Town Board look into this matter and determine what the impact of such change might be and how it would affect the town and then take a position, either at the public hearing on the 18th or subsequent written submissions so that this plan is not implemented without adequate understanding, analysis and input from the local communities that it will most dramatically affect. I want to thank the council members and Supervisor who have agreed to come and speak to us, join us at least on Saturday. Thank you. SUPERVISOR RUSSELL: Just so you know, the Board talked about it today and we can assure you that they are going to hear our vehement opposition to such a bone -headed idea. Under our, these are the obvious issues, no infrastructure to support it, no point of destination, the whole thing makes no sense to us and we are going to itemize, specificity our objections. MR HANLON: We thank you for that and we have received word from Congressman Zeldin's office and from Legislator Krupski's office, they will be attending on Saturday. We look forward to hearing from other officials, the Board members who have already indicated that they can come so that we can have a full discussion about this and raise the proper attention so that it is treated appropriately. Thank you very much. COUNCILWOMAN DOHERTY: I just want to say that we will have representation at that public hearing on the 18th MR. HANLON: Great. Thank you very much. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any issue? George Aldcroft MR. ALDCROFT: Inaudible. Some 90 percent of the land area is up state and is not on the ocean and so when I (inaudible) not aquaculture, so it's not that they don't care, I just don't think they have ever had the time to put much together although it is now regulated law. SUPERVISOR RUSSELL: Thank you. Anybody else? COUNCILMAN DINIZIO: Can I comment? SUPERVISOR RUSSELL: Sure. COUNCILMAN DINIZIO: Because I want to comment on George's, I know he spoke at the last meeting and I was wondering, did you read the letter that Martin Finnegan got to the town from Ag and Markets? MR. ALDCROFT: No. COUNCILMAN DINIZIO: If you give me your email address I can email it to you. Southold Town Board Meeting March 10, 2015 MR. ALDCROFT: Okay. Thank you. COUNCILMAN DINZIO: Just come on up afterwards, okay? MR. ALDCROFT: Okay. Supervisor Russell SUPERVISOR RUSSELL: Anybody else? (No response) Motion To: Adjourn Town Board Meeting page 55 RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:30P.M. Zzabeth A!Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER: Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell