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HomeMy WebLinkAboutTB-06/16/2015 ELIZABETH A.NEVILLE ,-'''soFFDt Town Hall, 53095 Main Road TOWN CLERK ��o�v �ooPO Box 1179 Southold,NY 11971 REGISTRAR OF VITAL STATISTICS 1.o Fax(631)765-6145 MARRIAGE OFFICER y�iol �ao�,'' Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER - southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING June 16, 2015 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, June 16, 2015 at the Meeting Hall, Southold,NY. Call to Order 7:30 PM Meeting called to order on June 16, 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 L William P. Ruland Town of Southold mm ; 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 William M Duffy Town of Southold ; Town Attorney Present I. Reports 1. Trustees Monthly Report 2. Special Project Coordinator Monthly Report 3. Town Clerk Monthly Report 4. Zoning Board of Appeals Monthly Report 5. Judge Price Monthly Report 6. Town Clerk Quarterly Report 7. Program for the Disabled Monthly Report • Page 1 Southold Town Board Regular Meeting page 2 June 16, 2015 II. Public Notices 1. S.C. Dept of Economic Development and Planning 2. NYS Dept of Transportation III. Communications IV. Discussion 1. 9:00 Am -EXECUTIVE SESSION-Labor-Matters Involving Employment of Particular Person(S) 2. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 9:07AM for the purpose of discussing the following matters: Labor—PBA Contract RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 3. Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exits from this Executive Session at 9:39 AM. RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 4. 9:30 Am -Joint Meeting of the Town Board & Planning Board 5. 10:00 Am - Mark Terry,Planning Board 6. Creation of Tick Committee 7. Special Event Overflow Parking Request 8. Special Event Request 9. Strauel Coastal Erosion Appeal 10. LL/Aquaculture-Mariculture Uses 11. 11:30 Am - EXECUTIVE SESSION -Proposed Property Acquisition(S), Publicity of Which Would Substantially Affect the Value Thereof Southold Town Board Regular Meeting page 3 June 16, 2015 12. 11:45 Am -EXECUTIVE SESSION-Labor- Matters Involving Employment of Particular Person(S) 13. EXECUTIVE SESSION-Litigation -Lisa Braun V. Southold Town Police Department,Et Al. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 11:53 AM for the purpose of discussing the following matters: Proposed Property Acquisition(S), Publicity of Which Would Substantially Affect the Value Thereof Melissa Spiro, Arthur Leudesdorf, Jeff Standish Labor-Matters Involving Employment of Particular Person(S) - Jim Bunchuck, Landfill Personnel - Completion of Department Head Evaluations Litigation- Lisa Braun V. Southold Town Police Department, Et Al. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P, Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 14. 10:30 Am - Chief Flatley Opening Comments Supervisor Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance. Thank you. With all the young adults here, it sounded like a school assembly for a minute. What I am going to do is, we actually are going to, for the time being, we are going to put the business of the Town Board to the side because we have a special presentation I am going to ask Bob Ghosio to announce. Councilman Ghosio COUNCILMAN GHOSIO: On behalf of the Town Board, I want to congratulate you on a great project and it was actually very entertaining and a lot of educational stuff comes out of projects like this. We appreciate you taking the time to do this and I hope you learned a lot from it. Thank you. Supervisor Russell SUPERVISOR RUSSELL: I think it was a great job. A great job. What we will do is we are going to offer anybody the opportunity to comment on any of the agenda items, please feel free. Just, before you do, I just want you to know that there is a local law on this agenda in reference to the short term rentals, the Town Board has considered the issue, we have gotten a substantial amount of community input in both writing, phone calls. Obviously you are all familiar with the Southold Town Board Regular Meeting page 4 June 16, 2015 meeting two weeks ago, the Town Board has decided that we are going to take that law and we are going to send it back to code committee. there are several changes that wanted to be made by various Board members, most of those changes would be considered substantial which would require a re-drafting of the law, re-noticing of the law and another public hearing of the law and so that is our intent as a Board. Robert Dunn ROBERT DUNN: Robert Dunn, Peconic. I have two subjects to discuss on three of the issues, 533 is it? 533 and 534, that was (inaudible) but you were overwhelmed and I didn't want to, I spoke once before on this, I was (inaudible) the windrow machines (inaudible) SUPERVISOR RUSSELL: Yes. Actually the windrow turner is a more expensive but half of that cost is offset by New York State grant. MR. DUNN: It's a considerable amount of money and (inaudible) once before and I really think it's foolhardy to go ahead with this without considering some kind of shelter for it. SUPERVISOR RUSSELL: Right. Actually, the Town Board discussed it today and the Town Board is going to withdraw the bond as it appears, to further discuss the issue. There is basically two needs down there, a pay loader and a windrow turner. The Board... MR. DUNN: What about a shelter for the machine? SUPERVISOR RUSSELL: I would agree. We have no intention on buying it at this time, but I would agree that we need to think of all those things including a shelter before we buy the piece of equipment but the Board is not going to act on the bond tonight. MR. DUNN: Okay. And the second one is regarding the aquaculture thing. I have listened to a lot of that, I went to a couple of code committee meetings and it doesn't seem right to put one of these things 100 feet away from a lot line. Now that might work in remote settings if you house was legitimately 15 feet on the other side of that lot line, I don't know if that would be there, you might have and I don't know if you can do this, you might have two sets of circumstances here. If the lot line is next to someone's residence, it shouldn't be that close. The setbacks might be greater. You are talking about 5 acres, you are talking about 240,000 square feet, a couple of hundred feet is not going to kill anyone. And the potential here is (inaudible) I listened to Mr. Baiz talk about this, a lot of people said that you might need 10 acres to make it economically viable but if we are going to allow people to do it on 5 acres, they are probably doing it because they don't have the money to (inaudible), so they are going to look for places to cut corners. If they could put something so close to a lot line, it's so close to somebody's house, you are going to have people in here in a couple of years just like you have people in here on Route 48 now. you will have guys parking refrigerated trucks instead of building big freezers, there will be all those kinds of things. So 100 feet is not a lot and it just, it doesn't seem right next to a residence. Next to another (inaudible), it doesn't matter and if someone builds a residence there later, that's on them. But to put next to someone's house now, doesn't seem right. Southold Town Board Regular Meeting page 5 June 16, 2015 SUPERVISOR RUSSELL: Sure, we are actually going to notice it tonight for a local law public hearing in 30 days. Certainly setback issues are something we consider, we have tried to mitigate impacts by requiring 5 acres. I have to be candid, I don't think there's any basis to suggest that they need 10 acres to be profitable, it's the opposite, the higher production, less land agricultural model now is what's taking place. I don't, there's no reason why I don't think that someone can't operate, I don't know enough about the industry, there's people here who want to speak to it but I think 10 acres is just, 5 acres is not to make it economically viable, 5 acres is to buffer it or to reduce impacts on neighboring properties. If we expand the setbacks... MR. DUNN: Inaudible. SUPERVISOR RUSSELL: Well, certainly it's a valid thing that we should consider. MR. DUNN: You are basically taking, aquaculture is a lot different from farming. I mean, farming is, most of its dirt. Aquaculture is going to be a lot of infrastructure, it's almost industrial, by nature. I have seen operations and it just, it involves tanks, it involves machinery, it involves concrete. It is not someone going out tilling the dirt and growing some plants every year. So I mean, putting that near somebody's house, there are any number of houses here that are along farm properties or previous farm properties. Where they sold off on the front roads and you know, to build one of those plants 100 feet or 120 feet away from somebody's house just doesn't seem to be right. And there is plenty of acreage that it could be done without impacting anyone. SUPERVISOR RUSSELL: Sure. That's an excellent, we went with 100 because that is consistent with other ag components in the chapter, but again, it is one of the, there's only two ag industries that require acreage. MR. DUNN: I am not suggesting that it needs to be more t han 100 everywhere, it just needs to be.... SUPERVISOR RUSSELL: Sure, from a side yard. MR. DUNN: From an existing residence. SUPERVISOR RUSSELL: Okay. MR. DUNN: Thank you. Peter Terranova PETER TERRANOVA: Peter Terranova, Peconic. I wanted to address two items on the agenda. The first one being 539, I am not questioning at all the need to come up with the funds to cover the overtime for the Highway Department this past horrendous winter but I am just wondering how is it possible that halfway through the year that we are able to remove $64,000 from the medical insurance to pay for those overtime earning? I mean, it just seems to me that halfway through the year when you budget for insurance, that's a pretty well-known number. I mean, are we dealing with a big slush fund here or what? Southold Town Board Regular Meeting page 6 June 16, 2015 SUPERVISOR RUSSELL: Actually, we had converted this past year from a self-insured risk retention fund to Empire, NYSHIP, so there are savings because we basically have that risk retention fund to feed back into the budget. MR. TERRANOVA: Okay, good. That answers the question. The second part of that with the same resolution is, what capital project will fund the serial bond principal of $46,000? You mention there that we are taking $46,000 from serial bond principal payment and that is being funded by a capital project. SUPERVISOR RUSSELL: Yes, I don't know what that is referencing. That might be for money that we don't anticipate having to.spend this year. any project that we start in 15 doesn't have to be paid for until 16, such as the highway barn but we still budget money to cover debt service, the principal and interest. I suspect that is coming from one of those lines, that we don't anticipate needing in 2015. MR. TERRANOVA: Okay. Alright. My second resolution that I want to address and you really addressed it already and that was 566 on the short term rental. I am happy to hear that it is going to go back to code committee for a review. Had that resolution stood ready for a vote, I would have said or I will say that since home rentals of less than 30 days is considered a business by Suffolk County, had we passed that resolution as it is now written I can only surmise that we would be sending a signal that our residential zones are now open for business. So, take that for what it's worth. But I did want to mention that in the June 10t1 issue of the Independent which I just picked up outside, apparently East Hampton has done a real clamp down on the Uber business. Many of you may have read this, okay, and this is a situation where the internet based situation where there is a relationship here between this and Airbnb and VRBO, okay, was just over-running the town. So last year they passed some pretty strict regulations on licensing and so on and so forth. Uber and the drivers of Uber had elected to ignore those restrictions or regulations that East Hampton passed. Many of those drivers today are now facing substantial fines and possible imprisonment and Uber has withdrawn from the East Hampton area because they are saying they can't conform to what the community wanted. At least what the town had decided. So I think that's an excellent example of you know, perhaps what needs to be done. And if we are going to pass something, it ought to be, there ought to be some fines, some penalties included in there, as well as the fact that, again, if we are going to be doing something that clearly allows this business, short term rental business to operate in residential zones, we are just sending the message that residential zones are open for business. Thank you. SUPERVISOR RUSSELL: Thank you, Peter. Anne Murray ANNE MURRAY: Hi, I am Anne Murray from East Marion, I am glad that you are going to be reconsidering the short term rental law and I echo what Mr. Terranova said, you know, the last hearing I was at, several people made the point that by having a home owned by someone not from here who just bought it as a speculator who is renting it out, they are operating a commercial business in a residential zone. People may not know that but that's exactly what they are doing and you really need to have permits for this because there's nothing as this law is written to stop you know, a hedge fund from buying up 25 homes and starting a business. In Southold Town Board Regular Meeting page 7 June 16, 2015 fact, some areas of the country, there are now rental farms. They bought up foreclosed homes and started doing that. I mean, you have got to think of all the possibilities when you write this kind of law, so I would be really, really careful and read as many articles as you can of what has been going on around the country because it has got repercussions everywhere and I think you really need to think about the future of this town 10 years from now because it does take rental housing off the market. We need affordable housing as it is and we don't have it. Thank you. SUPERVISOR RUSSELL: Thank you. Unidentified UNIDENTIFIED: You are sending it back to code committee? SUPERVISOR RUSSELL: Yes. UNIDENTIFIED: I want to say thank you. I think that's a very responsible, smart thing to do. there have been a lot of very important issues raised in this process and they need addressing and they weren't addressed with the draft that just banded on an arbitrary number of days. So we look forward to working with the code committee in open and public process way to the extent that's allowed and we encourage you, as the previous speaker said, be thorough and thoughtful because they are big issues and they should be addressed in a comprehensive way. So thank you for your decision tonight. SUPERVISOR RUSSELL: Thank you. Let me just comment real quick. I think it's unfair to suggest that seven nights is arbitrary, we provided a rational basis as to why we arrived at seven nights. But let me also mention, there's a couple of issues here. The Board has a lot of decision making to do. We are not all in agreement. Some of these things that have been proposed, a registry, serves no purpose. It only serves a purpose if this town intended on allowing short term rentals. The rental code wouldn't fix this problem unless it's being used to enforce whatever law we pass. The economic impact, I think we have been, a lot of requests to do an economic analysis, the data doesn't exist to do an economic analysis, it would all be speculative at best. They also would have to assume that there's not just the benefit of these but the rental housing that people would probably be spending money anyway, you know,people that are fixing up th ese homes, it's probably unreasonable to suggest that only the people that are earning incomes from these homes are going to reinvest in these homes, that's not my experience of 25 years here, a couple of other issues, I will comment on it a little bit more later but there's a lot of discussion that needs to be had by this Board. George Aldcroft GEORGE ALDCROFT: George Aldcroft, Mill Lane Peconic. First of all, I was at one of your meetings this morning, so I know how many things you have to deal with, how difficult it is as you try to make the decisions and put programs together. I have talked to you a number of times, okay, about, okay, the aquaculture but primarily the fish and shrimp farming and what I am really concerned about out here because if we not limit it to 5 acres and the 100 feet from someone's house and I have heard that well, you know, we have a lot of control but I think that all of you are familiar with okay, the Department of Agriculture and Markets. One thing I am so upset about is probably 95 percent of our state is upstate and it is not around the area where we Southold Town Board Regular Meeting page 8 June 16, 2015 have aquaculture and marine culture. If you take a look at states like Maine, they have a separate department that helps the state deal with it. Florida has one, Massachusetts has one. Connecticut has one. We rely upon an agriculture committee that may not be always in our interest help us best coordinate and figure out how can we handle this to protect our water to make sure it's done in a proper way because one of the things that you mentioned in the possible, I didn't read the (inaudible) proposal clearly but we are going to make it indoors, we are going to have it covered. Well, according to, okay, the Department of Agriculture, in general the construction of on farm buildings and the use of land for agricultural purposes should not be subject to site plan review, special use permits or non-conforming use requirements when conducted in a county adopted, state certified agriculture district. So what I am concerned about here we have even heard, well, we have these beautiful new machines that are going to be running because I have a fish tank at home can you get quieter diesels, yes but I don't think we cannot mandate to someone who is going to do this, what equipment you are going to use, whether or not it has to be covered tanks etc. matter of fact, already in the Bronx, here's all the tanks. Now people can put these tanks out not covered. I think we already know that that occurs also in East Hampton. So I think if what we are going to do here, you can't stop it but I think we need to decide where we are going to put it, how far away from someone else's home is it, so it doesn't become a detriment to it. We already know that there's that one farm on Alvah's Lane that came in 1997, the people's homes were there before 1997 and didn't have a problem until the new owner came in and began to run trucks all night long and right now you can't do anything about it. You are also having problems with the vineyard and 48 that we can't do anything about, so when we put some regulations in, I think we need to think about how is this going to affect our residents? We had a big discussion this morning also about the bike rides around, you know? I have been out here 40 years and you know, I am not a politician, I am not running for office or anything but we have a beautiful area out here, how do we best help the residents who live out here make sure that they don't go through some of the stuff that some of our residents have had to go through? So let's have aquaponics, if they came to me and said let's have aquaponics, there's some beautiful, beautiful work being done upstate New York in farms around the country but we can't tell a farmer to do it that way. So if we are going to do this, let's make sure that it's far enough away from a resident's home,they don't have to deal with as much noise and smell and everything else any more than what could be necessary. Let's keep it enough space away that they can do that. The other question I do have is because at the end of my road is this property that probably you pass by all the time that the town does go by and they cut the lawns and it's a beautiful piece of property they have kept natural, although this particular piece of property okay, is zoned AC, it has developmental rights. Now, is this type of property also available to do fish and shrimp farming and doing aquaculture on it or do we protect someway the property that has been with developmental rights. Do we do that or not? SUPERVISOR RUSSELL: Actually what we could do, I actually was under the impression it was an R-80 zone but I have to look, evaluate that and we can accommodate for things in the code like that by increasing setbacks. MR. ALDCROFT: I am hoping that somehow we really care about, I know you guys work hard, I am not on you, I know you do but please think a lot of the residents, even like you are going to have to do a lot with you know, the types of things we allow on the weekends of people coming Southold Town Board Regular Meeting page 9 June 16, 2015 out. A lot of people out here, you have got a lot of great people out here that support you, they support the town, they support agriculture. But please also take a look at the residents. Thank you. SUPERVISOR RUSSELL: Just I have to tell you on one thing that I noticed now is I think the land based aquaculture definition here is just not satisfactory. I had suggested the other day that the land based aquaculture, any form of aquaculture that takes place on land in an enclosed setting, that would be similar to nursery (inaudible)things like that. I don't see that in here and I would insist that that be placed in here to ensure that it's enclosed. MR. ALDCROFT: Inaudible. SUPERVISOR RUSSELL: They could do that right now. They could apply for a permit right now despite the fact that the code doesn't include it, they could go to the Department of Agriculture and Markets who can make a decision. This code isn't going to make that path any more likely to be successful or any less likely to be successful. MR. ALDCROFT: Inaudible. JUSTICE EVANS: Inaudible. SUPERVISOR RUSSELL: Okay. It's not the definition but, okay, the body of the law does require it to be an enclosed structure. MR. ALDCROFT: Inaudible. SUPERVISOR RUSSELL: Well, that was our goal here. I mean, look, the state does give us some leeway here. We have developed design standards for other types of agriculture. This is probably a little more restrictive in terms of most agriculture in trying to mitigate impacts. You know, if you are too draconian, the state is going to step in and say you can't. If we put those design standards in place, we haven't been challenged yet. Some people might raise some issues with it but the state hasn't overruled some of those, including acreage requirements for wineries for instance. MR. ALDCROFT: Inaudible. SUPERVISOR RUSSELL: Okay. Benja Schwartz BENJA SCHWARTZ: Good evening, Benja Schwartz. I would just like to say that you know, it's one thing to figure out what to do but how you do it is very important in coming up with the right thing of what to do and taking the transient rental law off the table for now, sending it back to the code committee, I hope that works out for you. I don't know. You know, one group of people working on it is one thing, I would like to see all these issues be more explained rather than just putting these technical laws that the town attorney comes up with and even if you do have a technical law, have exhibits that show what it means. The three zones, I think the 5 acre Southold Town Board Regular Meeting page 10 June 16, 2015 is only required, as far as I can tell, in the agricultural conservation zone. The light industrial and light industrial office zone there doesn't seem to any acreage requirement. But I tried to look up where the light industrial and light industrial office zones are, I know the agricultural conservation zones are all over but those other zones it's hard, the zoning maps of the town that are on the website are very difficult to work with and very hard to see. There is a tax ID map up there which has some different overlays. Maybe another overlay could put on there with the different zoning types etc. Okay, so, process. It looks like tonight you are going to form a new committee? SUPERVISOR RUSSELL: A standing committee, I am sorry, it's not going to be a standing committee it's going to be largely a committee with a fixed start date and a fixed end date to deliver some information to the town with regard to tick eradication. MR. SCHWARTZ: Oh, that's not in the, there's something in there about the terms will be limited to four months. It doesn't say that the committee will be only for four months. SUPERVISOR RUSSELL: What would be a point of a committee with the terms that have expired? There would be nobody on that committee. MR. SCHWARTZ: Well, I didn't know, appointing new people or re-appointing every four months. It didn't make any sense, what you have in here. SUPERVISOR RUSSELL: It did to me. MR. SCHWARTZ: It's also not in compliance with the town code. While it addresses the first section, establishment of committees, oh, committee members, the composition but it doesn't you know, you had this morning on the agenda you had something about this that said selection of members and creation of mission statement. So that is what you told people you were going to do at the work session. Work on the selection of members and creation of mission, now we have this resolution establishing it and even though it requires in the town code that in each instance to create a committee the town must designate the purpose for the formation of a committee, scope and or task and duration. I don't see that in this resolution proposed here. I am not against the tick committee but I think if you are going to do something under town law, it should be in accordance with town law. What do you see as how the mission statement, when, did you talk about that this morning? SUPERVISOR RUSSELL: Yes, we did. MR. SCHWARTZ: When is that going to be done and who is going to do it? SUPERVISOR RUSSELL: Well, what we will do is we'll get a committee together and they will work on a mission statement together. Generally what we do is we ask the committee's for input on mission statements. We generally get revisions, we post them on the website and what we'd like to do is appoint a committee and then we can sit down at a first meeting and start scoping and crafting the goals of that committee. Southold Town Board Regular Meeting page 11 June 16, 2015 MR. SCHWARTZ: It doesn't seem to be in compliance with the law. The law indicates that the town board must designate the purpose of the committee. And of course, the committee itself can have input and the purpose can change but to start a committee without a purpose, seems like you are not following a process that is legal. COUNCILMAN DINIZIO: We said what the purpose is. MR. SCHWARTZ: No, there's no purpose in the resolution tonight. One other resolution caught my attention there, the last resolution on the agenda. Did you, are you planning to tell us anything more about that one? SUPERVISOR RUSSELL: You are talking about the purchase of development rights? That's the last one I have. 582. MR. SCHWARTZ: I did borrow a copy of the agenda, there were none left, I was looking at the agenda on line because I couldn't find a copy. I thought the last one online seemed to be the one about searching for a new secretary for the Highway Department. Was that taken off the agenda? SUPERVISOR RUSSELL: It should be one. Oh, it's an add-on. MR. SCHWARTZ: So what page is it on? SUPERVISOR RUSSELL: 583, we just got this, it was just added to the agenda. MR. SCHWARTZ: Oh, so it's not on these printed agendas, that the people.... COUNCILWOMAN DOHERTY: No, it was inadvertently left off, so instead of re-printing.... MR. SCHWARTZ: Well, I heard that the former secretary had passed away. SUPERVISOR RUSSELL: Yes. MR. SCHWARTZ: Is that the case? JUSTICE EVANS: Inaudible. MR. SCWHARTZ: I am sorry, we can't hear you, Louisa. JUSTICE EVANS: We were just talking about whether we should table setting the hearing for the aquaculture, so we can discuss setbacks. MR. SCHWARTZ: Well, it's nice that you are having a conversation of your own up there. I am sorry to interrupt. Southold Town Board Regular Meeting page 12 June 16, 2015 JUSTICE EVANS: I apologize. MR. SCHWARTZ: I am going to miss the former secretary, who I believe was there for many, many years and I just thought I would like to recognize that every time I called the highway department she answered the phone with a stellar attitude as to, how can we help you and how much can we do for you, not to do the minimum and I hope we find another secretary that can also have that type of attitude which is becoming rare these days. there's still some people in the town that do their jobs as well as they can and as much as they can but there's a lot of people that just do as little as they can because they think that's the thing to do. So I think we need to combat that and guide people to do the best job that can be done. I will miss that secretary. SUPERVISOR RUSSELL: Joan was a key employee. One of the most valuable people that I have been proud to work alongside of for many years. MR. SCHWARTZ: You don't have a mission statement for the tick committee yet.... SUPERVISOR RUSSELL: Interesting segue but we will work on one. Would anyone else like to comment on any of the agenda items? John Skabry JOHN SKABRY: Good evening, I am John Skabry from Peconic. Thank you very much for giving me some time to talk to you tonight. The taxpayers of this town spent over in excess of $150 million in order to preserve farmland. It seems to me the reason I voted for it every time it came up to renew it was to enjoy the vistas, the panorama of our farms, to be able to ride down 48 and see the farms but I feel that this board is being pressured by Ag and Markets, has not stood up in order to protect that. Aquaculture is an industry and to me, those buildings will not _ present what I want to look at in this town, what we have spent the $150 million, in excess of, taxpayer money. Are we going to allow aquaculture on the AC lands that we preserved for farmland? Can anybody answer that? SUPERVISOR RUSSELL: Currently, no. MR. SKABRY: By this new law? Will they be permitted on preserved farmland? SUPERVISOR RUSSELL: Any of the property that has already been purchased, the use is already spoken for in the uses, as to what uses and what buildings can be on the property, can be constructed farm buildings, etc. I am going to defer to the easements before I can comment on that. I am not certain that it would be permitted on a PDR, what we call purchase of development rights. MR. SKABRY: Do you feel pressured by the State? By Ag and Markets? Is that why you are passing this law? That you want to have aquaculture on this property? SUPERVISOR RUSSELL: I can tell you candidly that I have been asking the Board to table this, to consider a larger lot size, similar to a winery at 10 acres and larger setback, based on Robert Dunn's suggestion. With regard to the use itself, look, we are an agricultural community. Southold Town Board Regular Meeting page 13 June 16, 2015 This is a bona fide agricultural operation. I think we need to understand that if we are serious about embracing agriculture we need to embrace the new models that are coming up. We can't just pick and choose the ag industries that we like for Southold, we either embrace it as an industry or we don't. I think to ignore the new models that are coming out would be foolish. We've made a commitment, we have an agricultural component to our master plan, the issue is siting, the issue is size, the issue is setbacks and mitigation. I can see that the lot size I think is too small, at this point and the setback at this point is too small. We can increase those to mitigate impacts but I don't feel the pressure of New York State. I actually think it's an industry we need to embrace. But everything is about the size and location, just like any other agricultural operation. MR. SKABRY: We have zoned against duck farms and pig farms. You can't have a duck or a pig farm in this town. Don't you think that the duck farmers protested that to Ag and Markets and somebody that wants to have a pig farm? I mean, how can we have that in our law and not, to me, we have a basic misunderstanding or ability to communicate between one person and the Town Board. I don't, I think they are ugly. The buildings are ugly and they don't belong in an agricultural area. That's all I have to say. The courts have always, well, not always, Ag and Markets takes a very liberal view on what's agriculture. They always have. You could ask them if growing a nuclear bomb factory would be okay and they would probably say, on agricultural land, why not? It's part of agriculture. But the courts are the way this thing gets answered. I am sorry to hear that my Town Board is in favor of aquaculture. SUPERVISOR RUSSELL: I answered for myself. I can't answer for the other five members. MR. SKABRY: I think there is a place for it and it's not where we can see it. I don't have anything further to say. I am pleased that you have restricted it to non-residential areas but as what was brought up tonight, you could have one of these AC zones abut the R zones of the town, you could have this factory right next to someone's house. Without the proper setbacks. SUPERVISOR RUSSELL: George, the map that you pointed to, that was a parcel that had been subject to a public discussion in the past? George Aldcroft MR. ALDCROFT: No, the sections that we had talked about before was behind or next to John's property which is on Henry's Lane. That is R-80 at the present time. SUPERVISOR RUSSELL: Wasn't that discussed at a previous Board meeting, that particular parcel? MR. ALDCROFT: That was the original thing that the shrimp farming started about. SUPERVISOR RUSSELL: Well, look... MR. ALDCROFT: And then the discussion became more into aquaculture (inaudible) it's just how and where you put it. Southold Town Board Regular Meeting page 14 June 16, 2015 SUPERVISOR RUSSELL: Absolutely. MR. ALDCROFT: Inaudible. SUPERVISOR RUSSELL: Point well taken and I would consider a larger lot size and larger setbacks to mitigate impacts. John Skabry . MR. SKABRY: Let me close by reiterating, I think $150 million of tax payer money when we voted for this farmland preservation and open spaces, it was not to subsidize agriculture only, it was also to improve the beauty of our town and there is nothing about a metal building factory that is beautiful. That's just my opinion. Thank you for your time this evening. SUPERVISOR RUSSELL: Sure. Would anyone else like to address the Town Board on any agenda item? Margaret Skabry MARGARET SKABRY: My name is Margaret Skabry, I live on Henry's Lane in Peconic. I have addressed the Board before on this issue of aqua industry. My house is the house that was being allowed to have this building being put 100 feet away from it and it was explained to me that I should be appreciative that it was 100 feet and not on the property lines as is now done to people. And I did appreciate the fact it was 100 feet, it should have been 1,000. It never should be allowed any, any business be allowed to be put on somebody's property line. We can't put our garages or our fences on our neighbors property line. COUNCILMAN GHOSIO: I am sorry, I have to interrupt only because I am confused. SUPERVISOR RUSSELL: There was never a proposal to allow an aquaculture building on a property line. There was never.... MS. SKABRY: Then why did you have to make it a setback of 100 feet from my property line? SUPERVISOR RUSSELL: What we were asked was to consider the use and we looked at the use. We had several code committee meetings and we had public comment on if we are going to allow this use, how do we mitigate impacts? The 100 feet is what we determined to mitigate those impacts and a lot size of at least five acres. There had been no local law, there had been no proposal in the past for adoption by this Board that didn't require setbacks, there was nothing, never mind setbacks, this was a concept that this Town Board'has finally honed into a local law which, like I said a couple of times, I am willing to table to discuss larger lot size and larger setbacks. MS. SKABRY: Okay. let me see if I can put it into a better time frame. Last year, when we got up and we saw that Bob the shrimp had been here and been introduced to the Town Board incorrectly, not using proper procedures, my husband and I came and addressed the Town Board on December 14th or 16t' regarding this issue because this issue concerned us, very strongly, because we live directly in back of where this was to be put. It was five acres of farmland and at Southold Town Board Regular Meeting page 15 June 16, 2015 that time when we commented on how we didn't want it, we were told that it's 1,000 feet and Scott, you explained to me that you were the one that said it had to be written in there 100 feet because it could have been on the property line. You explained that, it's in the notes, it's in the records. It's on the tape, it's on the video. SUPERVISOR RUSSELL: Okay, the code speaks to what the current setbacks are. The Town is looking with 100 feet to make the setbacks more stringent. MS. SKABRY: But right now they are? COUNCILMAN DINIZIO: I think they are 40 feet. SUPERVISOR RUSSELL: I think 40 feet. COUNCILMAN DINIZIO: I am looking it up for you. SUPERVISOR RUSSELL: Okay. It would depend on the zoning I believe. The use itself wasn't allowed so there is no, theoretically there's no setback right now against land based aquaculture because it is not a referenced use in the code. MS. SKABRY: Because at the time it was R-80 which it still is. at the time, the people who wanted to bring Bob's friends into their tanks and put them in back of my home, wanted to change that only they couldn't do that because that would have been spot zoning. Spot zoning is something we could have sued the town for, so instead of that, we went ahead and we are changing the code for the town. While we are changing the code for the town, my point right now is, it seems like pretty clear they are not going to get it in back of my house, that particular thing in back of my house because it still is R-80 and you have recognized it is R-80, so that's hopefully a done deal, that it's not going to happen. I don't have to live with that threat over my head for the rest of our years but anybody else that lives in this town, as I have pointed out to you, each one of you, if you were adjacent to a property of the proper size and it got rezoned, you could have it in your backyard. You could have it now 40 feet from your property line. Or 100 feet if your ruling goes through. I propose that in order to have the people of this town that don't have a chamber of commerce or an Ag and Market representing them, they only have the Town Board, in order to protect any homeowner in this town in the future from having to go through what we have been going through and our neighbors have been going through, since Bob the shrimp showed up in the newspaper, I think that you should very seriously push for the 10 acre minimum zoning for anything that's industrial and 1,000 feet from any residents property line and that's just the start of what you, as the governing body of our town, can tell people, if you want to come to our business, we welcome you. we'll probably support your business and stuff like that but you will follow our rules and our rules say you will not have any motors or any debris or any vehicles or any refuse from your business including odor or lighting, anywhere near a residence. You will keep everything 1,000 feet from that persons property line and you are more than welcome to come to our town and do business and I would support them doing that. I do think that farmland preservation is a term that's used a lot these days and it usually used for people going into their pensions and having more than one job, it's called double Southold Town Board Regular Meeting page 16 June 16, 2015 dipping, I feel like this is being set up, to be very honest about this, I feel the property in back of ours was being singled out because it's cheap, because we are half acre, okay? And what do we, we can't fight much. We can't fight much. In back of us it was two acre. So they could get away because that was cheaper than industrial land. And if they could break the people in a residential zoned piece of property and have something like this put in, it would set a precedent. They could have any property they wanted in our town, so I hope that each one of you on this Board is intelligent enough to realize that that's what is done all the time. It's called block busting, it's called whatever you want it to be called. That's what the attempt was. If we can get it cheap, we will get it in, we will get anything we want in anywhere, it's our town now. It's not. It's still our town. It's our town and there's not much left of it and the tourism that we protected when we did farmland preservation and our farmers that we protected when we tried to help them out with farmland preservation, you are losing out. Because the only businesses you have now you know are related pretty much to alcohol. I am not for prohibition. I don't care, if they are healthy members of this community, they support the community, they are not out to do anything detrimental to their neighbors like keeping them awake till 2:00, 3:00 in the morning every weekend, fine, I welcome them. I welcome them but I will not welcome people to my town to just do whatever they please to it as if it was spring break. Because it is not. We do not have enough code enforcement, we don't have anything that we need. Scott, I thank you for at least 100 feet, it's not enough though. And I think each member of this Town Board, you think about it. Would you want the recycling plant 1,000 feet from your house? Your property line? Any of you? Would you want that? Would you want, how about an evisceration thing? SUPERVISOR RUSSELL: If you are going to ask questions... MS. SKABRY: No, I am trying to explain to you why you need to think seriously on our behalf. Because you are also residents of our town. You are residents of our town. Would you want to wake up to smelling and hearing creatures being ripped apart in the back of your house other than deer? I don't. and I wouldn't wish that on my neighbors. I don't wish that on anybody in this town. So you protect us because that's what you are here for. All's we are asking you is set it up for 1,000 feet from the property. Nothing, not even a truck gets parked on the property line. That will solve all the problem you have with Satur, that will solve all the problems you have with the vineyards that aren't very good neighbors. That will solve the problems you have with any of them. And it will welcome their businesses, they know what guidelines they have, they know what they have to do in order to be welcomed into our community and they will feel welcomed and the people of this town won't feel like we have to watch the scoreboard and figure out who we are going to vote for, who we are not going to vote for, who is going to lie to us the most, who is going to smile at us nicely. We are going to know that we are still represented and I do think if you do the farmland preservation land, it's not going to be pretty. That's not what the tourists come out, well, some of them with families in the car, still come out to see the farm country and pick pumpkins and stuff like that. How's about you make them put the berms up? If a person built a repair shop in this town, you make them put up specific trees, a certain size girth, you tell them what trees they have to have, what berms they have to have. Why not make these businesses put up the berms like they do on 48 in Peconic, where they hide all the, humpty dumpty we used to call it, they hide all their greenhouses behind berms. I didn't even know they were there until I went on Zillow. Starting looking at the property in back of us with all that Southold Town Board Regular Meeting page 17 June 16, 2015 water and stuff that you were planning on, thinking about letting people destroy, yeah, there's a lot of greenhouses, I never knew it, you don't see as you go down the beautiful vistas of the highways, which scenic highways. Give some more thought. You are giving us 30 days till you kill us. Give some more thought. Give some more thought of property values, you are killing us. Give some more thought of how you can work together with us, with the farmland preservation, if it does become part of this, how we can work as good neighbors so we can keep it looking nice, so you can keep looking out your windows and remembering the farm you had and also make a living and visitors can come to this town and not have to go to a vineyard to have entertainment, maybe just ride along and show the kids where sunflowers are growing. Think about it and while you are at it, every time you build something and you make the laws and they don't follow and you fine them, use that to pay the salary for some more code enforcement officers. I really don't want it to be closer to anybody's house, I don't want it near my house. I don't want anybody to have to go through what we have been put through because indecisiveness on the behalf of the residents of the town. Don't even get me started on who's sleeping in your houses and for how long and for how much they are getting for it. When I saw it on HGTV, I was like, oh, this town is dead. Prove to me it's not. Be my Town Board, be every one of my neighbors Town Board and be businesses Town Board, too. But don't destroy us for them. One thousand feet, 10 acres and strictly enforced. Have a good evening. SUPERVISOR RUSSELL: I don't want to belabor this, we have an agenda to get through. But I have to tell you, to say that you can't fight, that proposal was in the paper and within the week you were here and the Town Board responded by removing parcels that would have a greater impact on communities, so certainly you had input from the beginning. We had two suggestions tonight and certainly I would support tabling this so we can reconsider lot size and setbacks. So to say that we are not responsive, I think we have been. MS. SKABRY: What month is this? SUPERVISOR RUSSELL: It would be June. MS. SKABRY: And that would be November. SUPERVISOR RUSSELL: And we have proposed no local law because we were very thoughtful and deliberative in reviewing this particular.... MS. SKABRY: And where is that over-view map? SUPERVISOR RUSSELL: We had reviewed it at code committee meetings. MS. SKABRY: There is such a thing? It's a tangible item? SUPERVISOR RUSSELL: I believe so. I believe it's in print. MS. SKABRY: Do we have to request it through legal channels or are we going to be allowed to see it? Southold Town Board Regular Meeting page 18 June 16, 2015 SUPERVISOR RUSSELL: No, get in touch with my office, we will get you a copy. It's large. It's almost the size of a mylar but we'll roll it out on the table and you can take a look. MS. SKABRY: Scott, the thing is, you can feel very confident sitting there and stuff... SUPERVISOR RUSSELL: I am not confident.... MS. SKABRY: ...that you did the best that you and you can, you may think that you did. When you are sitting there and you pick up the local paper and you see that they have been traipsing around in the field in back of your house and they are already talking about putting up that 275foot long building. You know, less 100 feet from your property line,through the grace of the Town Board. I wouldn't pat myself on the back too hard because I feel like maybe somebody has been asleep at the wheel. That's not good. Okay. Okay. That's my quick Irish wit and I am very sorry, I am really sorry, I didn't mean it. Everybody's asleep at the wheel, okay? I was asleep at the wheel because I allowed people in that field and I didn't yell at them to get out of there. You are asleep at the wheel because you allowed this to happen to all of us. Please help us out and stop letting these preposterous ideas come, and then you blame each other if someone has an inquiring mind to ask where? And then you have got to get on each other, stop. A bunch of kids out on the playground. Just represent us. Stand up for us and make those boundaries so that businesses have to be good neighbors and not right up close next to us in our backyards. It is not that much I am asking for. Supervisor Russell SUPERVISOR RUSSELL: Thank you. Do we have to convene a public hearing right now for the coastal erosion? Special Presentation Oysterponds Digital Story Telling Project Presentations for the Southold Town 375Th Anniversary Celebration Councilman Ghosio COUNCILMAN GHOSIO: Good evening everyone. As part of the 375th Anniversary Celebration of Southold Town, the 375th Anniversary Committee advertised for different projects around town and different ways to celebrate our 375th. Gail Horton, who is a member of our Committee, came up with a great idea to ask the schools to participate and develop digital storytelling projects about Southold's history. Tonight we have one of the schools, Oysterponds is here and we have Brittany Knote, the technology teacher there and a group of 5th and 6th graders who have participated in making projects and tonight they are going to make presentations. But before we do that, I would like to ask Gail Horton to come up, seeing as she was the big organizers of this and maybe she can describe what we are about to see. Gail Horton GAIL HORTON: In case I forget in the end of my brief things I am going to say, this wouldn't have all come to presentations if it wasn't for Bob Ghosio making a lot of arrangements for me and then in the end, changing the way that we were going to present this. And I thank you Bob, Southold Town Board Regular Meeting page 19 June 16, 2015 he deserves a round of applause. I am a lover of history and I am a lover of celebrations and I feel that the date that the celebration goes on what is celebrated should be commemorated permanently, so there was a book coming that should be out soon about the 375th Anniversary written by authors from different hamlets about their hamlet in the 20th century but then this wonderful presentation which is the first to be finished will present their vision of history and life on the North Fork in their media, digitally. If this is our up and coming and digital group and they know more how to do things on an ipad then I ever dreamed of. So I thank you all, this is the first group to finish their project and thank you for letting me say a few words. V. Resolutions 2015-536 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated June 16, 2015. ✓Vote Record-Resolution RES-2015-536 l] Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - 0 Withdrawn Robert Ghosio Seconder 121 ❑ 0 0 ❑ Supervisor's Appt James Dinizio Jr Voter 121 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Voter Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter Q 0 ❑ ❑ o Town Clerk's Appt Louisa P Evans Mover Q ❑ ❑ ❑ o Supt Hgwys Appt Scott A Russell Voter 121 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-537 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday,June 30 at the Southold Town Hall, Southold, New York at 4:30 P. M. Southold Town Board Regular Meeting page 20 June 16, 2015 I Vote Record-Resolution RES-2015-537 Lel Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Seconder ll 0 0 0 ❑ Supervisor's Appt James Dinizio Jr Voter l 1 ❑ 0 0 ❑ Tax Receiver's Appt William P Ruland Voter lel 0 0 ❑ o Rescinded Jill Doherty Voter ll 0 0 ❑ ❑ Town Clerk's Appt Louisa P Evans Mover El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter E1 0 ❑ 0 ❑ No Action ❑ Lost 2015-533 Tabled 6/2/2015 4:30 PM CATEGORY: Bond DEPARTMENT: Town Clerk Resolution And order After Public hearing WHEREAS, the Town Board of the Town of Southold (herein called the "Town"), in the County of Suffolk, New York, on behalf of the Southold Solid Waste Management District, in the Town (herein called the "District"), has determined that it is in the best interests of the District to increase and improve the facilities of the District, by the acquisition of a front end wheel loader and a self-propelled windrow turner at the aggregate estimated maximum cost of$850,000,pursuant to Section 202-b of the Town Law; and WHEREAS, the Town Board adopted an order describing in general terms the proposed increase and improvement of facilities, specifying the estimated cost thereof, and stating the Town Board would meet to hear all persons interested in said increase and improvement of facilities on June 2, 2015 at 4:30 o'clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, Southold,New York; and WHEREAS, a Notice of such public hearing was duly published and posted pursuant to the provisions of Article 12 of the Town Law; and WHEREAS, such public hearing was duly held by the Town Board on June 2, 2015 at 4:30 o'clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, Southold, New York, with considerable discussion on the matter having been had and all persons desiring to be heard having been heard, including those in favor of and those in opposition to said increase and improvement of such facilities; WHEREAS, grant funds are expected to be received by the Town from the State of New York and may also be received from other sources in connection with the project described herein, and any such grant funds shall be authorized to be applied toward the cost of said project or redemption of the Town's bonds or notes issued to finance the project, or to be Southold Town Board Regular Meeting page 21 June 16, 2015 budgeted as an offset to the taxes to be collected for the payment of the principal of and interest on said bonds or notes; and WHEREAS, the Town Board, as lead agency, has given due consideration to the impact that the project may have upon the environment and, on the basis of such consideration, the Town Board, acting as Lead Agency, pursuant to the New York State Environmental Quality Review Act ("SEQRA") has found and determined that the project is a Type II Action and no further environmental review is required; Now,therefore, on the basis,of the information given at such hearing, it is hereby DETERMINED, that it is in the public interest to increase and improve the facilities of the District as hereinabove described, at the estimated maximum cost of$850,000; and it is hereby ORDERED, that the facilities of the District shall be so increased and improved and that the District, with the assistance of the Town Attorney, shall prepare a proposed contract for such increase and improvement of facilities of the District, which proposed contract shall be presented to the Town Board as soon as possible; and it is hereby FURTHER ORDERED, that the Town Clerk record, or cause to be recorded, a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Suffolk County within ten(10) days after adoption hereof DATED: June 16, 2015 (SEAL) TOWN BOARD OF THE TOWN OF SOUTHOLD ✓Vote Record-Resolution RES-2015-533 ❑ Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled — El Withdrawn Robert Ghosio Voter El ❑ ❑ ❑ ❑ Supervisor's Appt James Dmizio Jr Mover El 0 0 0 ❑ Tax Receiver's Appt William P Ruland Voter El ❑ 0 ❑ 0 Rescinded Jill Doherty Seconder El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-534 Tabled 6/2/2015 4:30 PM CATEGORY: Bond DEPARTMENT: Town Clerk Southold Town Board Regular Meeting page 22 June 16, 2015 DSW Bond Resolution BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JUNE 16, 2015, APPROPRIATING $850,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE SOUTHOLD SOLID WASTE MANAGEMENT DISTRICT, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $850,000 TO FINANCE SAID APPROPRIATION Recital WHEREAS, after a public hearing duly called and held, the Town Board of the Town of Southold (herein called the "Town"), in the County of Suffolk, New York determined that it is in the public interest to increase and improve the facilities of the Southold Solid Waste Management District (referred to herein as the "District"), and ordered that such facilities be so improved; Now,therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all the members of said Board)AS FOLLOWS: Section 1. The Town hereby appropriates the amount of $850,000 for the increase and improvement of facilities of the District, consisting of the acquisition of a front end wheel loader and a self-propelled windrow turner. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $850,000. The plan of financing includes the issuance of bonds in the principal amount of $850,000 to finance said appropriation, and the assessment, levy and collection of assessments upon the several lots and parcels of land within the District which the Town Board shall determine and specify to be especially benefited by such increase and improvement, so much upon and from each as shall be in just proportion to the amount of benefit which the increase and improvement shall confer upon the same. Grant funds are expected to be received by the Town from the State of New York and may also be received from other sources in connection with the project described herein, and any such grant funds shall be authorized to be applied toward the cost of said project or redemption of the Town's bonds or notes issued to finance the project, or to be budgeted as an offset to the taxes to be collected for the payment of the principal of and interest on said bonds or notes. Section 2. Bonds of the Town are hereby authorized to be issued in the principal amount of$850,000 pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and stated: (a) The period of probable usefulness of the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 28 of the Law, is fifteen (15) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution. The foregoing statement of intent with respect to Southold Town Board Regular Meeting page 23 June 16, 2015 reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation said bonds shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes issued in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 of the Law relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and the renewals of said bond anticipation notes, and relative to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This resolution shall take effect immediately and the Town Clerk is hereby authorized and directed to publish the foregoing bond resolution, in summary, in "The Suffolk Times, " a newspaper having a general circulation in said Town, which newspaper is hereby designated as the official newspaper of the Town for such publication, together with the Town Clerk's statutory notice in the form prescribed by Section 81.00 of the Local Finance Law of the State of New York. ✓Vote Record-Resolution RES-2015-534 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter D 0 ❑ ❑ ❑ Defeated James Dinizio Jr Voter D 0 0 0 ❑ Tabled William P.Ruland seconder 0 ❑ ❑ ❑ Q Withdrawn Jill Doherty Mover 2 0 0 ❑ Southold Town Board Regular Meeting page 24 June 16, 2015 ❑ Supervisor's Appt Louisa P Evans Voter El 0 0 ❑ ❑ Tax Receiver's Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt "— ❑ Supt Hgwys Appt ❑ No Action TI—Lost 2015-538 CATEGORY: Special Events DEPARTMENT: Town Clerk New Suffolk Water Front House Tour RESOLVED that the Town Board of the Town of Southold hereby grants permission to the New Suffolk Waterfront Fund, Inc. to hold a walking house tour June 27, 2015 from 2:00 pm to 5:00 pm in the New Suffolk Village,provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. Support is for this year only. Parking to be contained on New Suffolk School Field. All Town fees for this event, with the exception of the Clean-up Deposit, are waived. I Vote Record-Resolution RES-2015-538 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Voter El 0 0 ❑ o Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Mover El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter l ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-539 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Highway Fund Financial Impact: Southold Town Board Regular Meeting page 25 June 16, 2015 Provide appropriation for Snow Removal overtime; debt service item to be paid with Capital project funds and medical insurance to be replenished when fund is into surplus later this yeat RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 Highway Fund Part Town budget as follows: From: DB.9060.8.000.000 Medical Insurance $ 63,818 DB.9710.6.000.000 Serial Bond Principal 46,182 Total $110,000 To: DB.5142.1.100.200 Snow Removal, Overtime Earnings $110,000 Total $110,000 ✓Vote Record-Resolution RES-2015-539 El Adopted ❑ Adopted as Amended O Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ _1(_ _ _ ____ ❑ WithdrawnRobert Ghost() Seconder El ❑ 0 0 Li Supervisor's Appt James Dim=Jr Voter El 0 0 ❑ ❑ Tax Receiver's Appt William P Ruland Voter , El 0 0 ❑ ❑ Rescinded Jill Doherty Voter El 0 ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 0 0 0 O No Action ❑ Lost 2015-540 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk New Suffolk Civic Assoc. 4Th of July Parade Financial Impact: Police Department Cost for Event =285.28 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the New Suffolk Civic Association to use the following route for its 4th of July Parade in New Suffolk, on July 4, 2015 at 11:00 AM beginning with a line up at 10:30 AM on Old Harbor and Tuthill Roads; participants will march down New Suffolk Road, Fifth Street, Main Street, First Street and on to the Town Beach, provided they follow all the conditions in the Town's Policy for Special Events on Town Properties. Failure to comply with the conditions of the policy will result in the forfeiture of the cleanup deposit of$250. All other fees are waived. Southold Town Board Regular Meeting page 26 June 16, 2015 Support is for this year only. ✓Vote Record-Resolution RES-2015-540 ll Adopted ❑ Adopted as Amended 0 Defeated "" Yes/Aye No/Nay Abstain Absent ❑ Tabled - - - -- ❑ Withdrawn Robert Ghosio Mover ll 0 ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter ll ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Voter Il ❑ ❑ ❑ 0 Rescinded Jill Doherty Voter 0 0 0 0 ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ 0 o Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ 0 ❑ No Action ❑ Lost • 2015-541 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bid for Highway Trucks RESOLVED that the Town Board of the Town of Southold hereby accepts the bid from Mullen Motors, Main Road, Southold, for two 2015 RAM 1500 Pickup trucks in the amount of $45,000.00/total for the Highway Department, all in accordance with the Town Attorney. ✓Vote Record-Resolution RES-2015-541 ❑ Adopted ❑ Adopted as Amended ❑ Defeated -" Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter Q 0 ❑ 0 ❑ Supervisor's Appt James Dinizio Jr Mover 21 0 0 0 El Tax Receiver's Appt William P Ruland Seconder E1 0 0 ❑ ❑ Rescmded Jill Doherty Voter El 0 0 0 ❑ Town Clerk's Appt Louisa P Evans Voter El 0 0 0 ❑ Supt Hgwys Appt Scott A Russell Voter El 0 0 ❑ ❑ No Action ❑ Lost 2015-542 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Southold Town Board Regular Meeting page 27 June 16, 2015 Accept Bid for Highway Mowers RESOLVED that the Town Board of the Town of Southold hereby accepts the bid from Kaelin's Service Center 265 Cox Lane Cutchogue, for two Highway Mowers in the amount of $19,143.22/total for the Highway Department, all in accordance with the Town Attorney. ✓Vote Record-Resolution RES-2015-542 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter D ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Seconder El ❑ ❑ ❑ ❑ Rescinded Jill Doherty ' Mover El 0 0 0 ❑ Town Clerk's Appt Louisa P Evans Voter El 0 ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 0 ❑ ❑ ❑ No Action ❑ Lost 2015-543 CATEGORY: Contracts,Lease&Agreements DEPARTMENT: Town Clerk Amend Resolution 2014-718 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution 2014- 718 which was adopted at the Regular Town Board meeting August 26, 2014 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a contract between the Town of Southold and General Code Publishers Corporation in connection with the Laserfiche RIO software installation in the amount of$811,373.00, $84,374.00 all in accordance with the approval of the Town Attorney. ✓Vote Record-Resolution RES-2015-543 El Adopted ❑ Adopted as Amended O Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Voter El ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter El 0 0 ❑ ❑ Supervisor's Appt William P Ruland Mover El 0 ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter El , ❑ ❑ ❑ ❑ Rescinded Louisa P.Evans Seconder El 0 0 ❑ o Town Clerk's Appt Scott A Russell Seconder E ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action O Lost Southold Town Board Regular Meeting page 28 June 16, 2015 2015-544 CATEGORY: Consulting DEPARTMENT: Accounting Engage Actuary for GASB 45 Valuations Financial Impact: Amend engagement for actuary to provide GASB 45 valuation for 2013 and 2014 financial statement purposes due to change from self-funded plan to NYSHIP as of 1-1-2015 RESLVED that the Town Board of the Town of Southold hereby amends resolution no 2014- 386 as follows: RESOLVED that the Town Board of the Town of Southold hereby engages Chernoff, Diamond & Co., LLC to provide actuarial valuation and related professional services to the Town relative to GASB Statement 45 (Post-Retirement and Other Post-Employment Benefits) for the fiscal years ending December 31,2013 and December 31,2014,in an amount not to exceed $12,600 for FY 13 and X00 $12,600 for FY 14, and which shall be a legal charge to the Accounting and Finance Department's 2014 and 2015 Actuarial Services budget appropriation (A.1310.4.500.200). ✓Vote Record-Resolution RES-2015-544 El Adopted O Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent O Tabled _ _ Robert Ghosio Seconder El ❑ ❑ ❑ ❑ Withdrawn - - ❑ Supervisor's Appt James Dinizio Jr Voter El 0 0 0 ❑ Tax Receiver's Appt William P Ruland Voter El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter CSI ❑ ❑ ❑ 0 Town Clerk's Appt Louisa P.Evans Mover ' El ❑ ❑ 0 - ❑ Supt Hgwys Appt Scott A.Russell Voter El 0 0 0 ❑ No Action ❑ Lost 2015-545 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for General Fund Whole Town Financial Impact: Provide additional appropriation for GASB 45 actuarial services for 2014 financial statements Southold Town Board Regular Meeting page 29 June 16, 2015 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 Accounting & Finance Dept. budget in the General Fund Whole Town as follows: From: A.1310.4.500.400 Leadership Training $2,700 Total $2,700 To: A.1310.4.500.200 Actuarial Services $2,700 Total $2,700 ✓Vote Record-Resolution RES-2015-545 221 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled -- LI Withdrawn Robert Ghosio Mover Q ❑ ❑ µ❑ ❑ Supervisor's Appt James Dinizio Jr ' Voter Lel 0 0 ❑ ❑ Tax Receiver's Appt William P Ruland Voter 11 ❑ 0 ❑ ❑ Rescinded Jill Doherty Voter El ❑ 0 0 ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 2 0 0 0 ❑ No Action ❑ Lost 2015-546 CATEGORY: Authorize to Bid DEPARTMENT: Town Clerk Street Sweeping Sand Bid RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town clerk to re-advertise for bid, furnishing all laborer, material and equipment required to remove the following material within 15 business days from the bid award at the Town of Southold Highway Yard, 275 Peconic Lane, Peconic,NY 11958. Street sweepings as an aggregate has been allowed pursuant to the pre-determined BUD in 6 NYCRR 360-1.15(b) (11) as uncontaminated aggregate, provided that all trash and other debris have been screened out. The above mentioned material is and can only be used for Fill material under 360-1.15(b) (11) Lump sum price for approximately 4,500 cubic yards of uncontaminated screened street sweeping aggregate Southold Town Board Regular Meeting page 30 June 16, 2015 ✓Vote Record-Resolution RES-2015-546 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent • ❑ Tabled ❑ Withdrawn Robert Ghosio Voter El ❑ 0 0 ❑ Supervisor's Appt James Drum Jr Mover El 0 _ 11:10 ❑ Tax Receiver's Appt William P.Ruland Voter 0 ❑ ❑ 0 ❑ Rescmded Jill Doherty ' Voter El El 0 0 ❑ Town Clerk's Appt Louisa P Evans Seconder El El 0 0 ❑ Supt Hgwys Appt Scott A Russell Voter El 0 ❑ 0 ❑ No Action ❑ Lost 2015-547 CATEGORY: Employment-Town DEPARTMENT: Accounting Acknowledges the Intent to Retire Michael Volinski RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Michael Volinski from the position of Highway Labor Crew Leader for the Highway Department, effective June 30, 2015. ✓Vote Record-Resolution RES-2015-547 El Adopted ❑ Adopted as Amended ❑ Defeated __ _ - - Yes/Aye No/Nay Abstain Absent ❑ Tabled __ ❑ Withdrawn Robert Ghosio Voter El ❑ ❑ 0 ❑ Supervisor's Appt James Dinizio Jr Voter EI 0 0 0 ❑ Tax Receiver's Appt William P.Ruland Seconder El ❑ 0 0 ❑ Rescmded Jill Doherty Mover El CI 0 ❑ Town Clerk's Appt Louisa P Evans Voter El El ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ El No Action El Lost 2015-548 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Celebrations (Memorial Day Parade) Southold Town Board Regular Meeting page 31 June 16, 2015 Financial Impact: Increase appropriation for Memorial Day Parade RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 General Fund Whole Town budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $250 Total $250 To: A.7550.4.100.100 Celebrations, Memorial Day Parade $250 Total $250 ✓Vote Record-Resolution RES-2015-548 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter El 0 ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Mover El ❑ 0 0 o Rescinded Jill Doherty Voter El 0 0 ❑ 0 Town Clerk's Appt Louisa P.Evans Seconder El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El 0 ❑ ❑ ❑ No Action ❑ Lost 2015-549 CATEGORY: Budget Modification DEPARTMENT: Engineering Modem 2015 Fishers Island Sewer District Budget Financial Impact: Additional funds necessary to finance the pumping of three 10,000 septic tanks as required by the FISD NYSDEC SPDES Permit. RESOLVED that the Town Board of the Town of Southold hereby increases and modifies the 2015 Fishers Island Sewer District as follows: Increase Revenues: SS2.5990.00 APPROPRIATED FUND BALANCE $20,000 Increase Appropriations: SS2.8120.4.400.300 SYSTEM MAINTENANCE/REPAIR $20,000 Southold Town Board Regular Meeting page 32 June 16, 2015 ✓Vote Record-Resolution RES-2015-549 ll Adopted ❑ Adopted as Amended ❑ Defeated - _- Yes/Aye No/Nay Abstain Absent 0 Tabled ❑ Withdrawn Robert Ghosio Seconder El ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter D ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Voter 11 ❑ ❑ ❑ o Rescinded Jill Doherty Voter 11 ❑ ❑ ❑ o Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ll ❑ ❑ ❑ O No Action ❑ Lost 2015-550 CATEGORY: Property Usage DEPARTMENT: Recreation Approve Use.of Town Fields RESOLVED that the Town Board of the Town of Southold does hereby grant permission to the Mattituck Soccer League to extend use of the field behind the Peconic Lane Community Center for practice (Monday-Friday, 4:00 - 8:00 p.m.; Saturday mornings 8:00 - 10:00 a.m.) through the end of August. They were originally scheduled for field use through the end of June. Additionally, permission is granted for use of the football field at Cochran Park for men's soccer games in June & July, subject to scheduling by the Southold Recreation Department and in accordance with the Application for Use of Southold Parks Facilities. Applicant has already filed a Two Million Dollar Certificate of Insurance naming the Town of Southold as additional insured. I Vote Record-Resolution RES-2015-550 El Adopted ❑ Adopted as Amended ❑ Defeated -- - Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn Robert Ghosio Mover C] ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 _ ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Voter 21 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 21 ❑ 0 ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 121 0 ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action O Lost Southold Town Board Regular Meeting page 33 June 16, 2015 2015-551 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Town Board Advertising Financial Impact: Additional advertising for committee vacancies RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 General Fund Whole Town budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $4,000 Total $4,000 To: A 1010.4.600.800 Town Board Advertising $4,000 Total $4,000 I Vote Record-Resolution RES-2015-551 ll Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ 0 ❑ Supervisor's Appt James Dinizio Jr Mover 0 ❑ ❑ ❑ o Tax Receiver's Appt William P Ruland Voter El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Seconder El 0 0 0 ❑ Town Clerk's Appt Louisa P Evans Voter El ❑ ❑ ❑ o Supt Hgwys Appt Scott A Russell Voter El 0 0 ❑ ❑ No Action ❑ Lost 2015-552 CATEGORY: Budget Modification DEPARTMENT: Police Dept Police Department-Budget Modification Financial Impact: Reallocation of funds to compensate accrued sick leave payout to retired employee Southold Town Board Regular Meeting page 34 June 16, 2015 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 General Whole Fund Town Budget as follows: From: A.1990.4.100.200 Contingent, Police Retirement Reserves $107,000 Total $107,000 To: A.3120.1.100.400 Police, Full Time Employee, Sick Earnings $107,000 Total $107,000 ✓Vote Record-Resolution RES-2015-552 El Adopted ❑ Adopted as Amended ❑ Defeated _ _ Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter El 0 ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter Q CI 0 ❑ Tax Receiver's Appt William P Ruland Voter El ❑ 111 ❑ El Rescinded Jill Doherty Mover El 0 ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ 1:1 ❑ ❑ No Action ❑ Lost 2015-553 CATEGORY: Budget Modification DEPARTMENT: Supervisor Supervisor-Budget Modification Financial Impact: To allocate money for payout of sick earnings (over the max per contract)for an administrative employee. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 General Fund Whole Town budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $2,678.00 Total $2,678.00 To: A.1220.1.100.400 Supervisor, FT Employee Sick Earnings $2,678.00 Total $2,678.00 Southold Town Board Regular Meeting page 35 June 16, 2015 ✓Vote Record-Resolution RES-2015-553 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter Q ❑ 0 0 ❑ Tax Receiver's Appt William P Ruland Mover Q 0 ❑ ❑ ❑ RescindedJill Doherty Voter Q ❑ 0 0 o Town Clerk's Appt Louisa P Evans Seconder Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q 0 0 0 ❑ No Action ❑ Lost 2015-554 CATEGORY: Employment-FIFD DEPARTMENT: Accounting Appoints Seasonal Deckhand RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted June 8, 2015 that appoints Chriss Bridgman to the position of seasonal Deckhand effective May 18, 2015 through September 15, 2015. ✓Vote Record-Resolution RES-2015-554 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Seconder Q ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter Q El ❑ ❑ Tax Receiver's Appt William P Ruland Voter Q ❑ ❑ ❑ ❑ Rescmded Jill Doherty Voter Q ❑ ❑ ❑ El Town Clerk's Appt Louisa P Evans Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q 0 ❑ ❑ ❑ No Action ❑ Lost 2015-555 CATEGORY: Employment-FIFD DEPARTMENT: Accounting Southold Town Board Regular Meeting page 36 June 16, 2015 Increase Salary of Christopher Newell RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted June 8, 2015 that increases the salary of Christopher Newell, full time Deckhand, effective May 12, 2015. ✓Vote Record-Resolution RES-2015-555 O Adopted ❑ Adopted as Amended El Defeated _ - Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ____ _ _ ❑ Withdrawn Robert Ghosio Mover Q 0 ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter Q 0 0 ❑ ❑ Tax Receiver's Appt William P Ruland Voter El ❑ ❑ ❑ ❑ Rescmded Jill Doherty Voter 0 ❑ ❑ 0 ❑ Town Clerk's Appt Louisa P Evans Seconder El 0 0 l=1 ❑ Supt Hgwys Appt Scott A Russell Voter 0 0 0 0 ❑ No Action ❑ Lost 2015-556 CATEGORY: Employment-FIFD DEPARTMENT: Accounting Appoint Jonathan Hiller FT Captain RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted June 8, 2015 that appoints Jonathan Hiller as a full time Captain and simultaneously changes his Deckhand status from full time to part time subject to Civil Service approval. ✓Vote Record-Resolution RES-2015-556 Q Adopted O Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled 0 Withdrawn Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt James Dimzio Jr Mover Q ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Seconder El 0 ❑ ❑ ❑ Rescmded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El 0 ❑ ❑ ❑ No Action O Lost Southold Town Board Regular Meeting page 37 June 16, 2015 2015-557 CATEGORY: Public Service DEPARTMENT: Town Clerk Fireworks Permit to Phenix Hook&Ladder Company of the Greenport Fire Department RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a fireworks permit by the Town Clerk's Office to Phenix Hook& Ladder Company# 1 and Relief Hose Company#2 of the Greenport Fire Department, for a fireworks display on July 4, 2015, and July 5, 2015, at Greenport High School athletic field, Greenport,New York upon the payment of a fee of$200 and subject to the applicant's compliance with the requirements of the Town's policy regarding the issuance of fireworks permits and subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2015-557 LI Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter ll 0 0 ❑ ❑ Tax Receiver's Appt William P Roland Seconder ll 0 i ❑ LI ❑ Rescinded Jill Doherty Mover CSI ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter I1 ❑ ❑ 0 ❑ Supt Ilgwys Appt Scott A Russell Voter 11 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-558 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Road Closures for North Fork Country Club Member/Guest Tournament Financial Impact: Police cost for event- $543.18 RESOLVED the Town Board of the Town of Southold hereby grants permission to the North Fork Country Club's Annual Golf Tournament in Cutchogue for a limited closure of Moore's • Lane, from the Main Road to the southerly line of the "Country Club Estates" subdivision, total closure from that southerly point south to the northern line of the William Tyree land parcel, and limited closure from that point south to the intersection of Moores Lane and New Suffolk Avenue (closures would permit access to residents of Moores Lane and "Country Club Estates"), on Friday, July 17, 2015 from 8:00 AM to 5:00 PM and Saturday, July 18, 2015 from 8:00 AM to 1:30 PM provided they adhere to the Town of Southold Policy for Special Events on Town Southold Town Board Regular Meeting page 38 June 16, 2015 Properties and Roads. Support is for this year only. They must notify Capt. Kruszeski immediately upon the approval of this resolution to coordinate traffic control. ✓Vote Record-Resolution RES-2015-558 ll Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter El 0 ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Mover ' El 0 0 0 ❑ Rescinded Jill Doherty Voter El 0 0 0 0 Town Clerk's Appt Louisa P Evans Seconder El ❑ ❑ ❑ o Supt Hgwys Appt Scott A Russell Voter , E ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-559 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Permit Worship Services at Beach RESOLVED the Town Board of the Town of Southold hereby grants permission to the North Fork Reform Synagogue to hold picnics followed by worship services at Kenney's Beach, Southold on the following Fridays: June 19, July 10 & 24, August 7 & 21, 2015 from 6:00 PM to approximately 8:15 PM; parking permit requirements shall be waived for participants who do not have Southold Town Beach Parking Permits; placards to place on the vehicle's dashboard should be provided by the synagogue to those participants who do not have parking permits. All fees are waived except the $250 clean-up deposit, which will be returned to the applicant provided the area is deemed clean following inspections by a town representative. The required certificate of liability insurance has been filed with the Town Clerk's office. ✓Vote Record-Resolution RES-2015-559 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Seconder Ef 0 ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter ' El LI _ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Voter El ❑ ❑ ❑ ID Rescinded Jill Doherty Voter El ❑ ❑ ❑ o Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Southold Town Board Regular Meeting page 39 June 16, 2015 2015-560 CATEGORY: Employment-Town DEPARTMENT: Accounting Permanent Appointment Zachary Tomaszewski WHEREAS the Town Board of the Town of Southold has provisionally appointed Zachary Tomaszewski to the position of provisional Network& Systems Specialist I effective January 2, 2015, and WHEREAS Zachary Tomaszewski has taken and passed the Civil Service examination for Network & Systems Specialist I, and is reachable on the Suffolk County Department of Civil Service List of Eligible's for the competitive position of Network & Systems Specialist I, and WHEREAS the Town Board of the Town of Southold has determined that it is in the best interest of the Town to appoint Zachary Tomaszewski to the permanent position of Network& Systems Specialist I from said List of Eligible's, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Zachary Tomaszewski to the position of Network & Systems Specialist I from the Suffolk County Department of Civil Service List of Eligible's effective immediately with no salary change. ✓Vote Record-Resolution RES-2015-560 O Adopted ❑ Adopted as Amended O Defeated T_ . ..,._..___ Yes/Aye No/Nay Abstain Absent ❑ Tabled . _ _ ❑ Withdrawn Robert Ghosio Mover ll ❑ I=10 ❑ Supervisor's Appt James Dinizio Jr I Voter , l ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter s ll 0 0 ❑ ❑ Rescinded Jtll Doherty Voter l l 0 ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder WI ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ El No Action ❑ Lost 2015-561 CATEGORY: Budget Modification DEPARTMENT: Public Works DPW Budget Mod Financial Impact: Southold Town Board Regular Meeting page 40 June 16, 2015 Make adjustment to budget to cover shortages in certain lines RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 Buildings & Grounds, Off Street Parking and Public Works Administration budgets in the General Fund Whole Town as follows: From: A.1620.4.100.200 Gas & Oil $3,500 A.1620.4.200.200 Light&Power 3,000 A.1620.4.100.100 Miscellaneous Supplies 155 Total $6,655 To: A.1490.1.100.200 Full-Time Employee Overtime Earnings $6,500 A.1620.4.600.100 Property Tax 130 A.5650.4.400.700 Property Leases 25 Total $6,655 ✓Vote Record-Resolution RES-2015-561 RI Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dim=Jr I Mover El 0 0 0 ❑ Tax Receiver's Appt William P Ruland Seconder El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter El 0 0 0 ❑ Town Clerk's Appt Louisa P.Evans Voter l i ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El 0 0 0 ❑ No Action ❑ Lost 2015-562 CATEGORY: Employment-Town DEPARTMENT: Accounting Appoint Leslie Tasca Senior Assessment Clerk RESOLVED that the Town Board of the Town of Southold hereby appoints Leslie Tasca to the position of Senior Assessment Clerk for the Assessors Office, effective June 17, 2015, at a rate of$46,723.85 per year. ✓Vote Record-Resolution RES-2015-562 El Adopted - -- — - - - - ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent 0 Defeated Robert Ghosio Voter 0 0 ❑ 0 Southold Town Board Regular Meeting page 41 June 16, 2015 ❑ Tabled James Dinizio Jr Voter D 0 0 ❑ ❑ Withdrawn William P.Ruland Seconder 11 0 0 0 ❑ Supervisor's Appt Jill Doherty Mover C✓I ❑ ❑ ❑ El Tax Receiver's Appt Louisa P.Evans Voter ll 0 ❑ ❑ ❑ Rescinded Scott A Russell Voter lI 0 0 0 O Town Clerk's Appt O Supt Hgwys Appt ❑ No Action ❑ Lost 2015-563 CATEGORY: Employment-Town DEPARTMENT: Accounting Accepts Resignation of Thomas Burdy RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Thomas Burdy from the position of Part Time Guard for the Solid Waste District effective June 1, 2015. ✓Vote Record-Resolution RES-2015-563 Il Adopted ❑ Adopted as Amended ❑ Defeated - O Tabled Yes/Aye , No/Nay Abstain Absent _. ❑ Withdrawn Robert Ghosio Voter 0 ❑ 0 ❑ ❑ Supervisor's Appt James Dinizio Jr Voter Q ❑ . ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Mover II 0 0 0 ❑ Rescinded Jill Doherty Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder El 0 0 0 ❑ Supt Hgwys Appt Scott A Russell Voter ll 0 0 0 ❑ No Action ❑ Lost 2015-564 CATEGORY: Budget Modification DEPARTMENT: Town Attorney TA Budget Modification Financial Impact: To cover payment of accrued leave for the full-time TA who left the employ of the Town as of 2/13/15. Southold Town Board Regular Meeting page 42 June 16, 2015 RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2015 budget as follows: TO: A.1420.1.100.200 Town Attorney, FT Employee, Overtime Earnings $ 177 A.1420.1.100.300 Town Attorney, FT Employee, Vacation Earnings 4,683 A.1420.1.100.400 Town Attorney, FT Employee, Sick Earnings 13,309 Total $18,169 FROM: A.1990.4.100.100 Unallocated Contingencies $18,169 Total $18,169 ✓Vote Record-Resolution RES-2015-564 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent O Tabled _No ❑ Withdrawn Robert Ghosio Seconder El ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter El 0 0 ❑ ❑ Tax Receiver's Appt William P Ruland Voter j l l ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ D Town Clerk's Appt Louisa P Evans Mover 0 0 0 0 ❑ Supt Hgwys Appt Scott A Russell Voter l ❑ ❑ ❑ O No Action ❑ Lost 2015-565 CATEGORY: Budget Modification DEPARTMENT: Building Department 2015 Budget Modification -Building Department Financial Impact: To correct under appropriated funds for paid out sick earnings. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 Building Department budget in the General Fund Part Town as follows: From: B.3620.1.100.300 Vacation Earnings $209 Total $209 To: B.3620.1.100.400 Sick Earnings $209 Southold Town Board Regular Meeting page 43 June 16, 2015 Total $209 I Vote Record-Resolution RES-2015-565 El Adopted O Adopted as Amended O Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Mover 2 0 ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 0 ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-566 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL/Transient Rentals WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 215t day of April, 2015, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties.", 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 connection with Transient Rental Properties" 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 Transient Rental Properties". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. Southold Town Board Regular Meeting page 44 June 16, 2015 The Town Board of the Town of Southold has determined that with the advent of internet based"For Rent by Owner" services, there has been a dramatic increase in residential homes being rented for short periods of time, often for only a weekend. The Town Board finds that such transient rentals threaten the residential character and quality of life of neighborhoods in which they occur. Therefore, the Town Board in order to protect the health, safety and welfare of the community requires the regulation of these transient rental properties. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. TRANSIENT RENTAL PROPERTY A dwelling unit which is occupied for habitation as a residence by persons, other than the owner or a family member of the owner, and for which rent is received by the owner, directly or indirectly, in exchange for such residential occupation for a period of less than seven (7) nights. For the purposes of this Chapter, the term Transient Rental Property shall mean all non-owner occupied, one-family dwellings and two-family dwellings rented for a period of less than seven (7 ) nights and shall not include: 1. A dwelling unit lawfully and validly permitted as an accessory apartment in accordance with §280-13(A)(6) and §280-13(B)(13) of the Code of the Town of Southold; or 2. Properties used exclusively for non-residential commercialpurposes in any zoning district; or 3. Any legally operating commercial hotel/motel business or bed and breakfast establishment operating exclusively and catering to transient clientele; that is, customers who customarily reside at these establishments for short durations for the purpose of vacationing, travel, business, recreational activities, conventions, emergencies and other activities that are customary to a commercial hotel/motel business. 4. A dwelling unit located on Fishers Island, due to the unique characteristics of the Island, including the lack of formal lodging for visitors. The presence of the following shall create a presumption that a dwelling unit is being used as a transient rental property: 1. The dwelling unit is offered for lease on a short-term rental website, including Airbnb, Home Away, VRBO and the like; or 2. The dwelling unit is offered for lease in any medium for a period of less than seven (7) nights. Southold Town Board Regular Meeting page 45 June 16, 2015 • The foregoing presumption may be rebutted by evidence presented to the Code Enforcement Officer for the Town of Southold that the dwelling unit is not a transient rental property. §280-111. Prohibited uses in all districts. A. Any use which is noxious, offensive or objectionable by reason of the emission of smoke, dust, gas, odor or other form of air pollution or by reason of the deposit, discharge or dispersal of liquid or solid wastes in any form in such manner or amount as to cause permanent damage to the soil and streams or to adversely affect the surrounding area or by reason of the creation of noise, vibration, electromagnetic or other disturbance or by reason of illumination by artificial light or light reflection beyond the limits of the lot on or from which such light or light reflection emanates; or which involves any dangerous fire, explosive,radioactive or other hazard; or which causes injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants; and any other process or use which is unwholesome and noisome and may be dangerous or prejudicial to health, safety or general welfare, except where such activity is licensed or regulated by other governmental agencies. B. Artificial lighting facilities of any kind which create glare beyond lot lines. C. Uses involving primary production of the following products from raw materials: charcoal and fuel briquettes; chemicals; aniline dyes; carbide; caustic soda; cellulose; chlorine; carbon black and bone black; creosote; hydrogen and oxygen; industrial alcohol; nitrates of an explosive nature; potash; plastic materials and synthetic resins; pyroxylin; rayon yarn; hydrochloric,nitric,phosphoric,picric and sulfuric acids; coal, coke and tar products, including gas manufacturing; explosives; gelatin, glue and size (animal); linoleum and oil cloth; matches; paint, varnishes and turpentine; rubber(natural or synthetic); soaps, including fat rendering; starch. D. The following processes: (1) Nitrating of cotton or of other materials. (2) Milling or processing of flour. (3) Magnesium foundry. (4) Reduction, refining, smelting and alloying metal or metal ores. (5) Refining secondary aluminum. (6) Refining petroleum products, such as gasolines,kerosene, naphtha and lubricating oil. (7) Distillation of wood or bones. (8) Reduction and processing of wood pulp and fiber, including paper mill operations. E. Operations involving stockyards, slaughterhouses and slag piles. F. Storage of explosives. Southold Town Board Regular Meeting page 46 June 16, 2015 G. Quarries. H. Storage of petroleum products. Notwithstanding any other provisions of this chapter, storage facilities with a total combined capacity of more than 20,000 gallons, including all tanks,pipelines, buildings, structures and accessory equipment designed, used or intended to be used for the storage of gasoline, fuel oil, kerosene, asphalt or other petroleum products, shall not be located within 1,000 feet of tidal waters or tidal wetlands. I. Encumbrances to public roads. (1) No person shall intentionally discharge or cause to be discharged any water of any kind onto a public highway, roadway, right-of-way or sidewalk causing a public nuisance, hazardous condition, or resulting in flooding or pooling in or around the public area, including neighboring properties. (2) No person shall place or cause to be placed obstructions of any kind, except the lawful parking of registered vehicles, upon a public highway, roadway, right-of- way or sidewalk that unreasonably interferes with the public's use of the public highway, roadway, right-of-way or sidewalk. J. Transient Rental Properties. 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 sixty (60) days after its filing with the Secretary of State as provided by law. The Town Board hereby TABLES this resolution and sends this Local Law back to the Code Committee for further discussion and deliberation. ✓Vote Record-Resolution RES-2015-566 ❑ Adopted O Adopted as Amended ❑ Defeated _ __—.. _ Q Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Voter Q 0 0 ❑ ❑ Supervisor's Appt James Dinizio Jr Mover 0 0 0 0 ❑ Tax Receiver's Appt William P.Ruland Seconder El 0 0 ❑ O Rescinded Jill Doherty Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter El ❑ ❑ ❑ ❑ Supt l-lgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Next:6/30/15 4:30 PM Southold Town Board Regular Meeting page 47 June 16, 2015 2015-567 CATEGORY: Attend Seminar DEPARTMENT: Land Preservation NYS Farmland Protection Working Group Meeting Attendee RESOLVED that the Town Board of the Town of Southold grants permission to Melissa Spiro, Land Preservation Coordinator, to attend the NYS Farmland Protection Working Group Meeting being held in Albany,New York, on Thursday, June 25, 2015, hosted by NYS Department of Agriculture and Markets to discuss Farmland Protection Implementation Grants. All expenses for travel to be a legal charge to the 2015 Land Preservation Department budget line A.8710.4.600.200 (meetings & seminars). ✓Vote Record-Resolution RES-2015-567 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter Q 0 0 ❑ _❑ Supervisor's Appt James Dm�zio Jr Voter ' Q 0 0 ❑ ❑ Tax Receiver's Appt • William P Ruland Seconder Q ❑ ❑ ❑ 0 Rescinded Jill Doherty Mover Q ❑ ❑ 0 0 Town Clerk's Appt Louisa P Evans Voter , El ❑ 0 0 o Supt Hgwys Appt Scott A Russell ; Voter Q ❑ ❑ ❑ O No Action ❑ Lost 2015-568 CATEGORY: Contracts,Lease&Agreements DEPARTMENT: Town Attorney IMA W/Greenport Village - Utilizing Town's Lifeguards at Fifth Street Beach for 2015 Summer Season RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Intermunicipal Agreement between the Town of Southold and the Village of Greenport in connection with the Village of Greenport utilizing the Town's lifeguards at the Village's Fifth Street Beach for the 2015 summer season, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2015-568 El Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter Q ❑ ❑ ❑ O Defeated James Dinizio Jr Voter Q 0 0 0 Southold Town Board Regular Meeting page 48 June 16, 2015 ❑ Tabled William P Ruland Mover Q 0 0 ❑ O Withdrawn Jill Doherty Seconder Q 0 0 ❑ ❑ Supervisor's Appt Louisa P Evans Voter Q ❑ ❑ ❑ O Tax Receiver's Appt Scott A Russell Voter Q 0 0 ❑ ❑ Rescinded O Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-569 CATEGORY: Contracts,Lease &Agreements DEPARTMENT: Town Attorney F.I. Bay Patrol Agreement W/David Herod RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement between the Town of Southold and David Herod of Mystic, Connecticut,to perform services as a Fishers Island Bay Patrol, effective May 1, 2015 through December 31, 2015, at a compensation rate of$1,296.88,plus approved expenses, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2015-569 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ID Withdrawn Robert Ghosio Seconder El ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter Q 0 0 0 ❑ Tax Receiver's Appt William P Ruland Voter Q 0 0 0 ❑ Rescinded Jill Doherty Voter El 0 0 ❑ ❑ Town Clerk's Appt Louisa P Evans Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-570 CATEGORY: Contracts,Lease &Agreements DEPARTMENT: Town Attorney Sewer Easement W/F.I. School District Southold Town Board Regular Meeting page 49 June 16, 2015 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Grant of Sewer Easement and all other necessary documents to effectuate same between the Fishers Island Union Free School District and the Town of Southold, acting for and on behalf of the Fishers Island Sewer District, for purposes of extending the Fishers Island Sewer Collection System, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2015-570 ll Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Drum Jr Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter El ❑ ❑ ❑ o Rescinded Jill Doherty Voter El 0 ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost - 2015-571 CATEGORY: Contracts,Lease&Agreements DEPARTMENT: Town Attorney Authorize Execution of Purchase Contract with Mattituck Park District RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Contract of Sale with the Mattituck Park District for the purchase-of the Pike Street parking lot, SCTM#140-3-5, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2015-571 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled -. ❑ Withdrawn Robert Ghosio Voter El ❑ ❑ ❑ El Supervisor's Appt James Dinizio Jr Mover Q ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Seconder El ❑ ❑ ❑ CI Rescinded Jill Doherty Voter El ❑ ❑ ❑ El Town Clerk's Appt Louisa P Evans Voter El 0 0 ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El ' ❑ ❑ ❑ ❑ No Action O Lost Southold Town Board Regular Meeting page 50 June 16, 2015 2015-572 CATEGORY: Attend Seminar DEPARTMENT: Engineering Attend Forum on Nitrogen Pollution in Suffolk County RESOLVED that the Town Board of the Town of Southold hereby grants permission to Michael Collins and Alix Suter to attend the Forum on Nitrogen Pollution in Suffolk County in Stony Brook,NY on June 23, 2015. All expenses for registration,travel to be a legal charge to the 2015 budget (meetings and seminars). I Vote Record-Resolution RES-2015-572 ll Adopted ❑ Adopted as Amended ❑ Defeated - Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosto Voter Q 0 0 0 Supervisor's Appt James Dinizio Jr Voter 00 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Seconder El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover ll ❑ 0 ❑ o Town Clerk's Appt Louisa P Evans Voter ll 0 0 ❑ ❑ Supt Hgwys Appt Scott A Russell Seconder ll 0 ❑ ❑ ❑ No Action ❑ Lost 2015-573 CATEGORY: Budget Modification DEPARTMENT: Town Clerk 2015 Budget Modification-Highway Financial Impact: Cover over extended budget lines RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 budget as follows: General Fund Part Town From: B.1990.4.100.200 Highway Contingencies 19,953 To: B.9901.9.000.200 Transfers to Highway Fund 19,953 Southold Town Board Regular Meeting page 51 June 16, 2015 Highway Fund Part Town Increase Revenues: DB.5031.00 Transfers from Other Funds 19,953 Decrease Appropriations DB.5110.4.400.300 Drainage Replacements 6,959 Total $26,912 Increase Appropriations: DB.5110.4.400.600 Other Contracted Services 4,004 DB.5130.2.300.100 Light Duty Vehicles 500 DB.5142.4.100.100 Miscellaneous Supplies 2,455 DB.5142.4.100.920 Sand 19,953 Total $26,912 ✓Vote Record-Resolution RES-2015-573 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ID Withdrawn Robert Ghosio Voter El ❑ ❑ ❑ James Dinizio Jr Voter Q 0 0 0 ❑ Supervisor's Appt -, ❑ Tax Receiver's Appt William P Ruland Mover El 0 ❑ ❑ ❑ Rescinded Jill Doherty Voter El 0 ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder El ❑ 0 ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ 0 . ❑ ❑ No Action ❑ Lost 2015-574 CATEGORY: Contracts,Lease&Agreements DEPARTMENT: Town Attorney IMA W/Babylon Town- Transporting&Disposing of TOS Municipal Solid Waste RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Intermunicipal Agreement between the Town of Southold and the Town of Babylon relating to the transportation and disposal of Southold Town's municipal solid waste, subject to the approval of the Town Attorney. I Vote Record-Resolution RES-2015-574 El Adopted ' Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Seconder E ❑ ❑ ❑ ❑ Defeated James Dinizio Jr Voter 0 0 0 0 ❑ Tabled William P Ruland Voter El ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter E 0 0 0 Southold Town Board Regular Meeting page 52 June 16, 2015 El Supervisor's Appt Louisa P Evans Mover El ❑ 0 ❑ ❑ Tax Receiver's Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-575 CATEGORY: Advertise DEPARTMENT: Solid Waste Management District Part Time Clerk Typist RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for the position of Part-Time Clerk Typist for the Solid Waste District in the June 25 edition of the Suffok Times. ✓Vote Record-Resolution RES-2015-575 El Adopted ❑ Adopted as Amended ❑ Defeated — - - Yes/Aye No/Nay Abstain Absent ❑ Tabled -- - __ ❑ Withdrawn Robert Ghosio Mover Q ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ El Tax Receiver's Appt William P Ruland Voter 0 ❑ ❑ ❑ I=1 Rescinded Jill Doherty Voter 21 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder El ❑ ❑ ❑ _❑ Supt Hgwys Appt Scott A Russell Voter Lel ❑ ❑ ❑ El No Action El Lost 2015-576 CATEGORY: Litigation DEPARTMENT: Town Attorney Authorize TA to Commence Article 78 Proceeding Against NYS DEC RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Attorney's Office to commence an Article Southold Town Board Regular Meeting page 53 June 16, 2015 78 proceeding in Supreme Court, Suffolk County, against the New York State Department of Environmental Conservation to compel the New York State Department of Environmental Conservation to maintain water quality testing'programs as required by law. ✓Vote Record-Resolution RES-2015-576 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - -- --- ----- --- - - - 0 Withdrawn Robert Ghosio Voter CSI ❑ ❑ ❑ ❑ Supervisor's Appt James Dim=Jr Mover C1 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Voter El ❑ 0 0 ❑ Rescmded Jill Doherty Seconder ll 0 ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 21 0 ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 0 0 0 ❑ No Action ❑ Lost 2015-577 CATEGORY: Employment-Town DEPARTMENT: Town Attorney Appoint Zoe Vayer as a Summer Intern for TA Office RESOLVED that the Town Board of the Town of Southold hereby appoints Zoe Vayer as an intern in the Southold Town Attorney's Office for the 2015 summer season, to serve in this capacity without compensation. ✓Vote Record-Resolution RES-2015-577 El Adopted ❑ Adopted as Amended ❑ Defeated - Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio ' Voter 21 0 ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter El 0 ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Voter 0 0 0 ❑ ❑ Rescmded Jill Doherty Mover 0 0 ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 0 0 0 ❑ Supt Hgwys Appt Scott A Russell Voter 21 0 0 0 ❑ No Action ❑ Lost Comment regarding resolution 578 Southold Town Board Regular Meeting page 54 June 16, 2015 SUPERVISOR RUSSELL: Before we act on 578 I just want to make my position perfectly clear,this is in reference to aquaculture uses; the reason I proposed tabling it for two weeks was because if we were to get to a public hearing in 30 days and decided that we needed to increase setbacks or acreage size, it would be a fundamental, substantial and we would have to go through another public hearing that's noticed and it would be a good 60 to 90 days before we even took any action. With that being said, I find it almost specious that people suggest that they support small business,they support agriculture and they support retaining local families in Southold Town but oppose this. The fact of the matter is, it's a trifecta. It's small business, it's agriculture and the specific proposal is by local families. I obviously think there are concerns with regards to setbacks and siteing issues but I don't understand how anybody would suggest that they would support all three and yet oppose this or put restrictions so drastic in place that it completely makes in non-viable. But I am willing to look at those two issues and hopefully have a draft that we can propose in two weeks and then notice for 30 days out. UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: Well, let's take an action of the Board and then you can go. 2015-578 CATEGORY: Property Usage DEPARTMENT: Town Attorney PH 7/14/15 @ 7:32 PMLL/Aquaculture Uses WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 16th day of June, 2015, a Local Law entitled "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses" 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 14th day of July, 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 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses" reads as follows: LOCAL LAW NO. 2015 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. Southold Town Board Regular Meeting page 55 June 16, 2015 Aquaculture is one of the fastest growing industries in the world with already 50% of seafood consumed worldwide being produced through aquaculture. The Town of Southold has large areas suitable for the development of land based aquaculture. The purpose of this local law is to provide for the orderly development of land based aquaculture within the Town of Southold. II. Chapters 219 and 280 of the Code of the Town of Southold are hereby amended as follows: §219-4. Definitions. For the purpose of this Chapter, the terms used herein are defined as follows: 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 New International Dictionary of the English Language, unabridged (or latest edition). AQUACULTURE/MARICULTURE - The cultivation,planting, containment or harvesting of products that naturally are produced in the freshwater or marine environments, including finfish, shellfish, mollusks, crustaceans and seaweed., and the installation of cribs, racks and in-water structures for cultivating such products. , but excluding the construction of any building, any filling or dredging or the construction of any water-regulating structures. ` AQUACULTURE - The cultivation,planting, containment or harvesting of products that are naturally produced in freshwater or marine environments, including finfish, shellfish, mollusks, crustaceans and seaweed. LAND BASED AQUACULTURE -Any form of aquaculture that does not take place in a natural body of water or marine environment. MARICULTURE -Aquaculture that does take place in natural bodies of water and marine environments including the installation of cribs, racks and other in-water structures. §280-4. Definitions. B. Definitions and Usages. 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 New International Dictionary of the English Language, unabridged (or latest edition). AQUACULTURE - The cultivation, planting, containment or harvesting of products that are naturally produced in freshwater or marine environments, including finfish, shellfish, mollusks, crustaceans and seaweed. Southold Town Board Regular Meeting page 56 June 16, 2015 LAND BASED AQUACULTURE-Any form of aquaculture that does not take place in a natural body of water or marine environment. MARICULTURE - Aquaculture that does take place in natural bodies of water and marine environments including the installation of cribs, racks and other in-water structures. §280-13. Use regulations. In the A-C, R-80, R-120, R-200 and R-400 Districts, 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 uses except the following: A. Permitted uses. (7) In the A-C District only land based aquaculture operations including research and development which meet the following standards: (a) The land based aquaculture operations shall be on a parcel that is at least 5 acres. (b) The structures used for land based aquaculture operations shall be set back a minimum of 100 feet from any property line. (c) Any land based aquaculture operation shall take place in a fully enclosed structure. (d) Any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure where the land based aquaculture takes place for the direct marketing of its products. (e) Land based aquaculture operations shall be subject to site plan approval by the Planning Board. (f) Any land based aquaculture operation shall at all times maintain any and all permits, licenses and/or any other approvals required by Federal, State and County authorities. §280-58. Use regulations. In the LIO District, 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 purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under subsection A(1) hereof, are subject to site plan approval by the Planning Board: (17) Land based aquaculture operations including research and development which meet the following standards: (a)Any land based aquaculture operation shall take place in a fully enclosed structure. (b) Any land based aquaculture operation shall be entitled to a retail area not more than Southold Town Board Regular Meeting page 57 June 16, 2015 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. (c) Any land based aquaculture operation shall at all times maintain any and all permits, licenses and/or any other approvals required by Federal, State and County authorities. §280-62. Use regulations. In the LI District, 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 purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) and (2) hereof, are subject to site plan approval by the Planning Board: (16) Land based aquaculture operations including research and development which meet the following standards: (a)Any land based aquaculture operation shall take place in a fully enclosed structure. (b)Any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. (c)Any land based aquaculture operation shall at all times maintain any and all permits, licenses and/or any other approvals required by Federal, State and County authorities. 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-2015-578 ❑ Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated Robert Ghosio Voter ll ❑ ❑ ❑ El Tabled James Dinizio Jr Voter El ❑ ❑ El ❑ Withdrawn El Supervisor's Appt William P Ruland Voter El , ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter El ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Seconder El ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A.Russell Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action Southold Town Board Regular Meeting page 58 June 16, 2015 ❑ Lost Next:6/30/15 4:30 PM 2015-579 CATEGORY: Legislation DEPARTMENT: Town Attorney LL Aquaculture Uses to SCPC&PB RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses"to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. ✓Vote Record-Resolution RES-2015-579 ❑ Adopted ❑ Adopted as Amended ❑ Defeated El Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Voter El 0 0 0 ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Mover E ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ 0 0 ❑ Town Clerk's Appt Louisa P.Evans Seconder El 0 0 0 ❑ Supt Hgwys Appt Scott A Russell Voter i 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Next:6/30/15 4:30 PM Comments regarding resolution 580 COUNCILWOMAN DOHERTY: Discussion? SUPERVISOR RUSSELL: I am sorry? COUNCILWOMAN DOHERTY: Could we call it a working group instead of a Committee since it's only for four months and Benja did have a point, we do have a policy on what Committee's are. SUPERVISOR RUSSELL: I agree. COUNCILWOMAN DOHERTY: So call it a working group? Southold Town Board Regular Meeting page 59 June 16, 2015 SUPERVISOR RUSSELL: Can we get a revision on that? Southold Town Working Group. 2015-580 CATEGORY: Public Service DEPARTMENT: Town Clerk Create Tick Working Group RESOLVED that the Town Board of the Town of Southold hereby creates the Southold Town Tick Working Group. Members to include (1) Environmental Organization Representative, (1) Wildlife Biologist, (1) member of the Southold Town Deer Management Committee, (1) member that has been affected by or has extensive knowledge of Tick Borne Diseases, and (2) members • of the community at large. Appointment shall be for a term of four(4)months. ✓Vote Record-Resolution RES-2015-580 El Adopted O Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Mover l l ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Voter RI ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter El ❑ ❑ ❑ o Town Clerk's Appt Louisa P.Evans Seconder RI ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-581 CATEGORY: Contracts,Lease&Agreements DEPARTMENT: Town Attorney Accept CHG Quote/375Th Anniversary Committee RESOLVED that the Town Board of the Town of Southold hereby accepts the quotation dated April 27, 2015 from Color House Graphics, Inc. and hereby further authorizes and directs Supervisor Scott A. Russell to execute said quotation relating to the publication of a book in connection with the 375th Anniversary of the Town of Southold, subject to the approval of the Town Attorney. I Vote Record-Resolution RES-2015-581 El Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Seconder El ❑ _ ❑ ❑ ❑ Defeated James Dinizio Jr Voter Q ❑ 0 ❑ ❑ Tabled William P Ruland Voter 0 ❑ ❑ ❑ Southold Town Board Regular Meeting page 60 June 16, 2015 ❑ Withdrawn Jill Doherty Voter 0 ❑ 0 0 ❑ Supervisor's Appt Louisa P Evans Mover l 0 0 0 ❑ Tax Receiver's Appt Scott A Russell Voter 0 0 ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Comments regarding resolution 581 JUSTICE EVANS: Can we just have a little discussion here? SUPERVISOR RUSSELL: Sure. JUSTICE EVANS: Is this coming out of the budget that we gave the 375th Anniversary Committee? SUPERVISOR RUSSELL: Yes, it is. JUSTICE EVANS: Okay. COUNCILMAN GHOSIO: Do we know how much it is? TOWN ATTORNEY DUFFY: Around $1,100.00. COUNCILMAN GHOSIO: Okay, I never heard what the final number was. 2015-582 CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation Elect to Purchase Edwards (PLT)Dev Rights Easement WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by Elbert T. Edwards and Harriet L. Edwards (Peconic Land Trust, Incorporated, as Contract Vendee) on the 16th day of June, 2015, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-20.-3-6.2. The address is 36930 NYS Route 25 in Orient. The property is located in the R-80 and R-200 zoning districts and is situated on the southerly side of NYS Route 25, directly opposite Greenway East Road in Orient, New York; and Southold Town Board Regular Meeting page 61 June 16, 2015 WHEREAS, the proposed acquisition is for a development rights easement on the entire parcel consisting of approximately 20.6+ acres (subject to a Town-provided survey); and WHEREAS,the development rights easement will limit the use of the property to that of passive open space and/or agricultural production as set forth in the easement; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space, agriculture, and wetland protection purposes; and WHEREAS, the easement will be acquired using Community Preservation Funds. The purchase price is $700,000 (seven hundred thousand dollars) for the entire 20.6± acre easement plus acquisition costs; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation), and Chapter 185 (Open Space Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; and, WHEREAS,the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, . WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on land owned by Elbert T. Edwards and Harriet L. Edwards (Peconic Land Trust, Incorporated, as contract vendee), identified as SCTM #1000-20.-3-6.2. Southold Town Board Regular Meeting page 62 June 16, 2015 The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. ✓Vote Record-Resolution RES-2015-582 Eli Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ WithdrawnRobert Ghosio Voter l ❑ ❑__ ❑ ❑ Supervisor's Appt James Danizio Jr Mover , l ❑ ❑ 0 ❑ Tax Receiver's Appt William P Ruland Voter ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter El 0 0 0 LI Town Clerk's Appt Louisa P Evans Seconder, El 0 0 0 ❑ Supt Hgwys Appt Scott A Russell Voter El 0 ❑ 0 ❑ No Action ❑ Lost 2015-583 CATEGORY: Advertise DEPARTMENT: Town Clerk Advertise for Secretary Resolved that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to advertise for the position of Secretary in the Highway Department. I Vote Record-Resolution RES-2015-583 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ID WithdrawnRobert Ghosio Voter El ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter El 0 0 0 ❑ Tax Receiver's Appt William P Ruland Seconder El 0 0 ❑ ❑ Rescinded Jill Doherty Mover El 0 0 0 ❑ Town Clerk's Appt Louisa P.Evans Voter El 0 0 0 ❑ Supt Hgwys Appt Scott A Russell Voter El 0 0 0 ❑ No Action ❑ Lost VI. Public Hearings 1. PH 6/16/15 @ 7:32 PM Strauel Coastal Erosion Appeal Southold Town Board Regular Meeting page 63 June 16, 2015 NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold set June 16, 2015 at 7:32 PM in the Town Meeting Hall, 53095 Main Road, Southold, New York 11971, as the time and place for a public hearing on the Coastal Erosion Hazard Board of Review Appeal of Theodore and Nathalie Strauel in connection with constructing a fixed timber dock to be located at 220 Bay Lane, Orient,New York, SCTM#1000-24-2-21. ASSISTANT TOWN ATTORNEY LORI HULSE: If you are opening the public hearing at this point, I would like to provide a brief overview, this is an appeal taken from a denial of coastal erosion hazard permit on behalf of the applicants, Strauel; for a fixed timber catwalk, ramp, float and two fixed dolphin docks on private property. This applicant has secured permits pursuant to town code 275, permit number 8572 as well as DEC permit. The denial was based on Chapter 111, section 11-C which generally prohibits all development in the near shore area. This hearing was held before the Trustees on March 18, 2015 and the denial of the coastal erosion hazard area permit is why this appeal is being held tonight. Your consideration is limited to the record on appeal which is before you I believe in record of hardcopy by way of a transcript as well as any documents attached thereto. I believe there are also photos involved in the application and the standards of 111 that may be varied from are provided in the criteria which is also before you, section 111-20. So at this juncture, I am going to turn it over to Rob Herman who is the authorized consultant on behalf of the Strauel's. SUPERVISOR RUSSELL: Thank you, Lori. ROB HERMAN: Thank you. Good evening Town Board, thank you, Miss Hulse. Rob Herman of EN Consultants. I am here on behalf of Ted and Natalie Strauel. Mr. Strauel is here in the audience with us tonight. As Lori summarized, this is an application for 127 foot long dock for private recreational by the owners of the property, the Strauels. This is a dock project that we planned out carefully, we started with obtaining a hydro-graphic survey last year and then meeting the entire Board of Trustees at the site as part of a formal pie-application process. During which time we had not yet filed any applications but had designed a plan based on the results of the hydro-graphics survey and had a proposal, a preliminary proposal that looked a little different from the one that is in front of you tonight, (inaudible) out in the field for the Trustees review and inspection. At that meeting, the Trustees expressed no objection to what we were proposing but did suggest a slight re-orientation of the dock in order to maximize the separation distance between the proposed Strauel dock and both the existing dock to the north and also to any potential future dock that might be proposed by the homeowner located to the south. Based on the Trustees recommendations, we modified the dock accordingly and then proceeded to submit both wetlands and coastal erosion management applications to the Trustees and also to the New York State Department of Environmental Conservation and also to the United States Army Corps of Engineers. The Trustees held a formal public hearing on the applications on March 18`" of this year, 2015. Generally the Board, as you will see in the transcripts that is part of the records, felt favorably about the proposal. They determined the project to be consistent with the Town's Waterfront Revitalization Program and they resolved to issue a wetlands permit for the construction of the dock pursuant to Chapter 275 of the town code. However, the Trustees found that they could not grant the coastal erosion management application for the dock located in the near shore area part of the coastal erosion hazard area for Southold Town Board Regular Meeting page 64 June 16, 2015 the reason Ms. Hulse just related to the Board, which is that under Chapter 111-11 C states that all development is prohibited in the near shore areas unless specifically provided for by this chapter. In the Town's coastal erosion code under that section there is no specific allowance for a dock, it does not speak to docks and so the Trustees using the interpretation that the dock would constitute development, it would be prohibited and so the way the code is written under coastal erosion as the Board knows, directs us to you as a board of appeals. I summarized this generally in a three page letter that I submitted as part of our appeal with our application of appeal to the coastal erosion hazard board of review, which is you and you should have that on your file. My letter is dated April 15, 2015. For the record, I will just briefly review. The variance criteria that are set forth in Chapter 111-20, there are a small handful of criteria, first is that no reasonable, prudent alternative site is available for the proposed dock. The dock can of course only be placed in the water, along the applicants shoreline and anywhere it is placed along the applicant's shoreline here will invariably be located in the near shore area of the coastal erosion hazard area, making the need for variance inescapable. However, we have designed the dock to be roughly centered in the property with a slight angle to the north as was suggested specifically by the Board of Trustees to maximize the separation distances as I mentioned, and the dock would not interfere with navigation at that site. The second variance criteria is that all responsible means and measures to mitigate adverse impacts on natural systems and their functions and values have been incorporated into the activities design at the property owners expense. The proposed dock here would be located along historically developed shoreline that is characterized by eight other existing docks that are located within a 900 foot linear foot radius of the subject property, that includes the longer dock on the northerly adjacent property that is depicted both on the plans submitted with the application and in the site photos that you should have in your file. And also four others that are located within 400 feet to the north of the subject property, again depicted on the aerial photo that was submitted with your package. The dock would also be situated 300 feet from the Orient Wharf Company pier to the south, property I am sure the Board is familiar with that extends approximately 500 feet into Orient Harbor. We put forth that due to the presence of these neighboring dockage facilities and the absence of vegetated wetlands or submerged aquatic vegetation within the vicinity of the proposed dock, the introduction of this dock whose catwalk will be constructed of untreated decking, whose ramp and float will be removed seasonally, would not cause a fragmentation of ecological communities, result in the physical loss, degradation or functional loss of ecological components or otherwise adversely impact the functions or values of the surrounding natural systems, including the wetlands or tidal waters of the town as required both under your LWRP and Chapter 275. It also requires and probably most relevant to this appeal, that the proposed development, in this case the dock, will be reasonably safe from flood and erosion damage. Again, although located in the coastal erosion hazard area as I just described, the dock is proposed in a well-enough protected area that these many other existing dockage facilities located within 900 feet of this dock have been successfully maintained and functional for many decades, including the docks to the north and to the south and the Orient Wharf Company. With specific respect to the design and I would ask the dock builder who is also here, and I thank you for adjourning the meeting and taking this now because he has been patiently waiting to bring his kids home, the permanent catwalk portion of the dock has nonetheless been designed in accordance with its location in the coastal erosion hazard area and consistent with other docks that have been constructed in this area, including by him, and that is Ian Crowley, who I will ask Southold Town Board Regular Meeting page 65 June 16, 2015 to speak briefly to the Board in a moment. The 4th variance criteria is that the relief requested is the minimum necessary to overcome the practical difficulty or hardship which is the basis for the variance. As discussed with the Trustees, the dock has been designed with the minimum lengthy necessary to reach safe, navigable water depth at this location, that is something we looked at. it will be actually much closer to the shore and much shorter as the crow flies as relative to the docks that are on either side of it. The last criteria is if it relates to whether public funds are involved and no public are associated with this project. As I mentioned in my letter, in addition to meeting the variance criteria, the project also meets the general criteria for issuance of coastal erosion management permit as set forth by section 111-9, I won't go over those here verbally but I also mentioned those in that letter that is before you. So with that, just in support of my testimony, with respect to the 3rd variance criteria, I would just ask Ian to speak briefly who will hopefully support what I am telling you as an expert dock builder of many years in the town. IAN CROWLEY: Good evening. Ian Crowley on behalf of Mr. Strauel. You guys are all familiar with Orient Harbor, I am sure. He has actually probably got the best spot for a dock. He's most up in behind the wharf, so he is protected from what is prevailing southwest, he is protected from the easterly's, you know, from the land. It really is a place where people kind of go and hide when it blows out of the east. People come out down from Orient by the Sea and stuff like that but anyhow, what we have proposed, I think on paper and in principle, is a structure that will have no problem with that area and he will have no problem mooring his boat or whatever he is going to put there. but if you guys have any questions, technical questions in regard to this, it's pretty cut and dry. It's basically a bunch of sticks in the ground. SUPERVISOR RUSSELL: Lori, there was generally, there was no opposition on the part of the Trustees. ASSISTANT TOWN ATTORNEY HULSE: No, there wasn't. In fact, they did issues a permit pursuant to 275 and they did comment that but for the prohibition of coastal erosion, they would not have an issue with a dock located in this area. COUNCILMAN GHOSIO: I do have a couple of housekeeping things I have to take care of for this, too. SUPERVISOR RUSSELL: Okay. Anybody have any questions for Ian? (No response) COUNCILMAN GHOSIO: Do you have anything else to add? ASSISTANT TOWN ATTORNEY HULSE: No, I was going to ask you if you are satisfied to close the hearing at this juncture? SUPERVISOR RUSSELL: Unless anyone wants to comment on it? COUNCILMAN GHOSIO: Because we jumped in out of order on this hearing, I do need to note that this hearing was advertised on the Town Clerk's bulletin board and I have a notarized affidavit to that affect. I also have a notice from the LWRP coordinator for the consistency Southold Town Board Regular Meeting page 66 June 16, 2015 review, and it was noted that this was recommended to be inconsistent with the LWRP for a variety of reasons, which we do have listed here in our file and which I believe has come up during the hearing so far. We also have a memorandum from the LWRP coordinator concerning SEQRA, let's see, this has been reviewed to New York State Department of Environmental Conservation regulations and the action proposed is a type II action and therefore not subject to SEQRA review. Lastly, I do have a signed affidavit here that this hearing was indeed advertised in the Suffolk Times. SUPERVISOR RUSSELL: Would anyone else like to comment? MR. HERMANN: Yes, one thing Scott, I realized that when we submitted the application as Lori mentioned, we had obtained a permit also from the NYS DEC and I think at that time we had not yet received a permit from the US Army Corps of Engineers which has been since issued. So as a matter of record, I just wanted the Board to be aware of that. SUPERVISOR RUSSELL: Okay, thank you. JUSTICE EVANS: You also mentioned a letter that you submitted as part of the record, I don't think we have a copy of that. COUNCILWOMAN DOHERTY: I think we got it emailed. ASSISTANT TOWN ATTORNEY HULSE: I have a copy I can provide to the Board right now. JUSTICE EVANS: Because it wouldn't be part of the hearing if we got it outside of the hearing. MR. HERMANN: I submitted it as a supplement to our formal application for appeal. COUNCILMAN DINIZIO: Does anyone know what, I am looking under the Trustees coastal erosion permits, what permit number that this was? ASSISTANT TOWN ATTORNEY HULSE: It didn't have a coastal erosion permit number because it wasn't issued. It was denied. It does have a Trustee permit under 275. And that is permit number 8572. SUPERVISOR RUSSELL: At any time earlier in the evening, did you tell your applicant, don't worry we'll be out of here by 8? Alright, with no other comments, I would like to get a motion to close. ASSISTANT TOWN ATTORNEY HULSE: Will you be reserving decision on this matter? JUSTICE EVANS: We have to do a written decision I think. ASSISTANT TOWN ATTORNEY HULSE: You don't have to but if you want to. Southold Town Board Regular Meeting page 67 June 16, 2015 SUPERVISOR RUSSELL: Well.... COUNCILWOMAN DOHERTY: I am comfortable acting on it tonight. SUPERVISOR RUSSELL: Jim? COUNCILMAN DINIZIO: No, I would like to see a resolution, read it. SUPERVISOR RUSSELL: Okay, so we will close the hearing and table it for a decision in two weeks. Okay. ASSISTANT TOWN ATTORNEY HULSE: Thank you. MR. HERMANN: I am sorry, you said two weeks? Thank you for hearing this. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 2. P.H. 6/16/15 7:34 pm Edwards (PLT) DRE Purchase COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund), Chapter 70 (Agricultural Lands) and Chapter 185 (Open Space Preservation) of the Town Code,the Town Board of the Town of Southold hereby sets Tuesday,June 16, 2015, at 7:34 pm, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by Elbert T. Edwards and Harriet L. Edwards (Peconic Land Trust, Incorporated, as contract vendee). Said property is identified as SCTM #1000-20.-3-6.2. The address is 36930 NYS Route 25 in Orient. The property is located in the R- 80 and R-200 zoning districts and is situated on the southerly side of NYS Route 25, directly opposite Greenway East Road in Orient,New York. The proposed acquisition is for a development rights easement on the entire parcel consisting of approximately 20.6± acres (subject to survey). The development rights easement will limit the use of the property to that of passive open space and/or agricultural production as set forth in the easement. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space, agriculture, and wetland protection purposes. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and Peconic Land Trust, Incorporated, as contract vendee. The easement will be acquired using Community Preservation Funds. The purchase price is $700,000 (seven hundred thousand dollars) for the entire 20.6± acre easement plus acquisition costs. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold,New York, and may be examined by any interested person during business hours. Southold Town Board Regular Meeting page 68 June 16, 2015 I do have signed affidavit that this has been advertised on the Town Clerk's bulletin board, I do have a copy of an advertisement from the Suffolk Times and I have a memo from the LWRP coordinator showing that this action would be consistent with the policies and standards and therefore is consistent with the LWRP and I think that is all I have. SUPERVISOR RUSSELL: I would invite anybody that would like to comment on this particular local law? MELISSA SPIRO: Melissa Spiro, Land Preservation Coordinator. This 20 acre property is located at the east end of Orient on the south side of Main Road. It's one of the last active farms before you get to Orient Point. The property is shown in red on the map and I would like to direct your attention to this map which is a rather busy map with lots of white labeling. The white labels designate over 400 acres of farmland that's preserved under the town or county's purchase of development rights program and many hundreds more protected open space including the Orient Beach State Park which is across the water from the Edwards property. So it's an area where there has been a large preservation effort over the years. The current landowner was interested in selling the entire property, not just an easement, so we worked with the Peconic Land Trust and the Peconic Land Trust worked with the landowner and the town to facilitate a preservation partnership which involves the Peconic Land Trust purchasing the property and the Town purchasing the development rights. Once the Edwards property is protected, the Trust and the Land Preservation Committee intend to continue to work with the adjacent landowner of the neighboring farm in an effort to protect that farm also, to create a more viable, larger farm. The Trust has already worked with the adjacent landowner and has received a right of first refusal, if the landowner wished to sell the property. The entire Edwards property will be subject to the Town's development rights easement, there are no areas being excluded from this area or from the easement area. The property has been in the Latham and Edwards family for many generations, it is currently farmed by Danny and Patty Latham and it is the Trusts' intent to continue to do so. The property contains a significant amount of prime soils, it contains an area of active agriculture, some fallow agriculture land and some wetland area. Since the property has been in both agriculture and open space and it has those types of characteristics and it is in the vicinity of agriculture and open space, the purpose of the acquisition is for both agriculture and passive open space purposes and the easement has been designed for both agriculture and in the future, passive open space use. To help protect the scenic view shed an agricultural structure area has been designed along the west side of the property and there will be a 10 percent lot coverage limit. That lot coverage is for agricultural structures only. This means that any future agricultural structures will be located within that designated area. The Town is using Community Preservation Funds for this acquisition. The Land Preservation Committee and Peconic Land Trust have been working for a long time to put all the pieces together for this project and I thank the landowner for being so patient with us and I also thank the Peconic Land Trust and all those people who have been working with the Peconic Land Trust for helping us to preserve this property. Both the Committee and I support this and recommend that the Town Board proceed with the project as proposed. Thank you. SUPERVISOR RUSSELL: Thank you, Melissa. Southold Town Board Regular Meeting page 69 June 16, 2015 BOB HANLON: I am Bob Hanlon, I live down the street from there. I am speaking as an individual tonight. Take care of Orient. Do this. SUPERVISOR RUSSELL: Thank you, Bob. Would anybody else like to address the Town Board on this particular public hearing for purchase? BENJA SCHWARTZ: Good evening, Benja Schwartz again. On the 582 resolution which we were discussing, one, two, three, four paragraph, development rights easement will limit the use of that property to passive open space and/or agricultural production as set forth in the easement. Now, we don't have the easement here but maybe somebody could speak as to what that means? Agricultural production, would it include buildings, aquacultural... SUPERVISOR RUSSELL: Aquacultural? We will have to get clarification on aquacultural, since it's a new use. COUNCILWOMAN DOHERTY: Melissa just explained the building use and everything. She just went through all that. SUPERVISOR RUSSELL: Also there's a substantial restriction on where it can be located. MR. SCHWARTZ: No, she said pursuant to the Southold Town development rights easement but what does that mean? That's a question that was.... SUPERVISOR RUSSELL: It's a new use, we will have to get clarification. MR. SCHWARTZ: I think we heard before that the restrictions were in the easements. SUPERVISOR RUSSELL: Yes. MR. SCHWARTZ: And here it says it's in the easements. The, it's already there. Can we get some clarification on it? SUPERVISOR RUSSELL: Sure. Would anybody else like to address the Town Board on this particular hearing? In that specific purpose, it's in the residential zone, so a shrimp farm if determined to be, I am sorry, a building producing shrimp or aquaculture is determined to be an agricultural building, it wouldn't be able to be located on residential property. Yes, that would be two acre and five acre I believe. Okay, anybody else? RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Scott A. Russell, Supervisor AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Closing Comments Supervisor Russell' Southold Town Board Regular Meeting page 70 June 16, 2015 SUPERVISOR RUSSELL: Now I sincerely hope I am correct when I say that concludes the business of the agenda. Would anyone like to address the Town Board? Robert? Robert Dunn ROBERT DUNN: I just wanted to make a comment about (inaudible) acknowledging what you said and commending you all. There's been some things that you are doing the right thing. You are going through the motions, this did start when Bob was sitting up there back in November and nothing has actually been passed yet, nothing has been done, nothing has been approved and that to me tells me that you are listening, so contrary to some of the opinions that you heard and again with what you said, you could put a crazy setbacks and that would basically eliminate from anywhere in the town, I mean, because a setback has to be on four sides. SUPERVISOR RUSSELL: Right. You raised an issue with regard to setback, what I would like to do is see, depending on what lot size we would select, whether it's five, whether it's seven, whether it's ten; how large can a setback be and still be viable. MR. DUNN: And still be practical. You have got to have more than a closet on the property. COUNCILMAN DINIZIO: A lot of that could go before the Planning Board too. You know, you can determine that and the Planning Board application what the setback would be, you can't make it 1,000 feet. The current side yard setback is 20 feet. The rear yard setback is 75. COUNCILWOMAN DOHERTY: And we talked about it at the last code committee meeting, that the Planning Board could do different setbacks depending on what properties were next door. SUPERVISOR RUSSELL: They just don't have the legal compulsion to make people with the, you know,the code is the code. They can look for that as part of the site plan process. MR. DUNN: But again, you just don't want to leave wiggle room for somebody later to abuse it. Supervisor Russell SUPERVISOR RUSSELL: Also, there's a clarification on Ag buidlings, I think if you are producing, I have got to defer to the state but if you are producing aquaculture on land, I have to presume they are ag structures but for the fact that this code allows for retailing and Southold Town to my knowledge has not drafted an easement yet on PDR land that allows for retail, so I think that would disqualify the entirety from being considered agriculture but I am going to have to get clarification from New York State. Anybody else? June 16, 2015 Southold Town Board Board Meeting Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 9:39 P.M. * * * * * Eliza s eth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Page 71