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HomeMy WebLinkAboutTB-07/14/2015 ELIZABETH A.NEVILLE /'''Spfpp1 Town Hall, 53095 Main Road TOWN CLERK r; ° �co�y PO Box 1179 o i Southold,NY 11971 REGISTRAR OF VITAL STATISTICS ;o ,,• Fax(631)765-6145 MARRIAGE OFFICER ,� �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 July 14, 2015 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, July 14, 2015 at the Meeting Hall, Southold,NY. Call to Order 7:30 PM Meeting called to order on July 14, 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 1 Councilman _ Present William P. Ruland Town of Southold - Councilman Present Jill Doherty : Town of Southold Councilwoman Present Louisa P. Evans Town of Southold i 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 i Town Attorney ' Present I. Reports 1. Zoning Board of Appeals Monthly Report 2. Building Department Monthly Report 3. Special Projects Coordinator Monthly Report 4. Justice Evans Monthly Report 5. Justice Price Monthly Report 6. Judge Bruer-Monthly Report 7. Trustees Monthly Report 8. Town Clerk Monthly Report Southold Town Board Regular Meeting page 2 July 14, 2015 9. Programs for the Aging Monthly Report 10. Planning Department Monthly Report 11. Town Budget Monthly Report 12. Dept of Solid Waste Monthly Report II. Public Notices 1. NYS Liquor License III. Communications IV. Discussion 1. 9:00 AM -Rona Smith, Beth Mostschenbacher,Housing Advisory Commission 2. 9:15 AM-John Sepenoski,Aaron Virgin 3. 9:45 AM- Phillip Beltz, Erin Creedon 4. 10:00 AM-Jeff Standish 5. Strauel Coastal Erosion Appeal 6. Helicopter/Noisy Aircraft Community Forum 7. Amendments to Road Use Policy 8. LL/Transient Rental Properties 9. LL/Land Based Aquaculture 10. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 10:54AM for the purpose of discussing the following matters: Labor- Matters Involving Employment of Particular Person(S) 11:30 AM - John Cushman 12:00 AM - Leanne Reilly 12:30 AM - Michael Collins Litigation: Nancy A. Cullen v. Town of Southold, et al. Southold Town Board Regular Meeting page 3 July 14, 2015 RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Scott A. Russell, Supervisor AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 11. EXECUTIVE SESSION -Labor- Matters Involving Employment of Particular Person(S) 12. EXECUTIVE SESSION -Litigation 13. Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 12:44PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 14. Motion To: Recess 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby Recess this 9:00 AM meeting of the Town Board 12:44PM until the Regular 7:30PM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:James Dinizio Jr, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 15. Motion To: Reconvenes 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby reconvenes the 9:00 AM meeting of the Southold Town Board at this 7:30PM Regular Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Scott A. Russell, Supervisor SECONDER:Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Pledge to the Flag Opening Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance to the Flag. Thank you. Shortly I am going to introduce Southold Boy Scout Troop 6, who are here to earn a merit badge in civics. We need to get some of the agenda items done first, so one of the first lessons you should learn is civics can be dry sometimes. Oh, I am sorry, does anyone have any specific questions on any of the agenda items, please feel free to speak now. Southold Town Board Regular Meeting page 4 July 14, 2015 Robert Dunn, Peconic ROBERT DUNN: Robert Dunn, Peconic. I see on the Aquaculture (inaudible) you made some changes, you went to seven acres and a 200 foot setback? SUPERVISOR RUSSELL: Yes. MR. DUNN: That still puts the opportunity for things to be rather close to existing residences. I mean, if you had someone doing this between two existing farm properties, it wouldn't matter, there could be no setbacks. But because these are not going to be farms, they are going to be industrial actually in nature, simply by what they are. I think it might be considered that there be a minimum from an existing residential structure and if somebody later wants to buy a lot next to it, build a house right next to it and then complain, no, that's like moving next to the airport and saying there's too much noise. But for somebody who has been living in a quiet, comfortable neighborhood of farms, to then find that they have got a huge Morton building with pumps and trucks and all that kind of stuff right next to them, that's a whole different horse and I really think you might want to rethink that or in the where to for's, when it goes to the Planning Board the option for an existing residence to raise the issue, that it's too close to my house, we know that all of this is going to evolve and that somewhere down the road these businesses could actually be processing food and there is an allowance for retail operations in all of this, so again, you have taken a residential, possible residential situation and turning it into something that it will never affect me. I mean, but I just think when you leave wiggle room in this stuff, sooner or later some snake will slip through it. I mean, we have a guy that's running a discotheque in what was supposed to be a winery and selling cigars that grow nowhere on Long Island. So people will try to do what they can and I think it is best to protect the residences of the town. SUPERVISOR RUSSELL: I am going to let Jim speak to the issue of improved versus non- improved contiguous properties. I just want to first say, I have done an awful lot of research on these particular uses and I really believe you are over-stating the impacts that these have. They are not factories, they are, people raised issues, you know, they are going to be noisy and attract flies. So we enclosed them, so they are defined as fully enclosed. And then people said the buildings were ugly. We are in a no-win here. It is agricultural use. It is also the most restrictive.... MR. DUNN: Inaudible. SUPERVISOR RUSSELL: The most restrictive agricultural site requirements anywhere in the code. Two hundred foot setback from any other ag operation is not required. You know, fully enclosed operations are not required. We brought so much of a regulatory component to this code, I think we have mitigated all of those impacts, I really do. And I have researched these thoroughly. These are not the model that you see in Montauk. Ironically, the one in Montauk is allowed in a residential zone. This doesn't. This is not the model, it's a new model and I would urge anybody to research these types of operations and see just how light the impact is. We have agricultural operations that have a tremendous amount of impact, nursery, container stock operations, people call them factories. They are growing produce. It's, I don't know how else to do it other than create a code that is so restrictive that they are just not... Southold Town Board Regular Meeting page 5 July 14, 2015 MR. DUNN: I don't want to see you do that, I just, you know, the only thing that I am concerned about is that someone finds themselves in four or five years not being able to enjoy their existing home that was here for 25 years already. SUPERVISOR RUSSELL: I would also caution everybody that the town puts design standards into our code with an understanding that they are going to be honored by the applicants. At any time someone can go to New York State and do away with it, with a complaint to the Department of Agriculture and Markets and that's whether we put a 1,000 foot setback or 10 foot setback. There's always that avenue. I am not saying they will always win but certainly the state is going to say maybe you need to rethink such a restrictive code. We brought as much restriction as we think we can to that and still have it be sustainable. MR. DUNN: Okay. SUPERVISOR RUSSELL: But I want Jim to just address the issue with the contiguous lots. COUNCILMAN DINIZIO: Well, it's a little bit different than what we were discussing this morning but you know, 200 feet is quite a way, it is the, by far, furthest setback that we have in Southold Town. And you know, if you stop and think about if a farmer, that say grows potatoes now, wants to build a barn, I mean, I believe the setback is only 50 feet. I don't believe that, you know, depending on what you are doing here and he can do processing the same as anybody else. It's just the same thing. In my mind, 25 years ago, we were all thinking about this, I never thought that we could have a building the size of Target on a piece of land and call it a farm. No one ever envisioned that but you know, it's come to that and it has come to that because it is probably more efficient to do, it's, the way we grow things now is completely different, land is so expensive that you have to make the best of your product. We heard a lady say, make it 1,000 feet. You know, you have to have some limit. MR. DUNN: Inaudible. COUNCILMAN DINIZIO: Again, that's 200 feet, think about it, that's 400 feet of property that you can't use. MR. DUNN: I don't know if 200 feet is necessary. As long as you are protecting the residences that (inaudible) COUNCILMAN DINIZIO: Those residences that you are talking about, the existing ones, rely now on a 50 foot. I think that the furthest side yard setback that you can have is a 50 foot in an LI zone. I am not sure but maybe it is 40 feet. It is not 200 feet. Someone could construct, without this law, a building that close to that and it could be 35 feet high. It doesn't have to be, it could be a barn, it could be an accessory structure. You know, a farmer can build pretty much what they need to support their property. If that's a Morton building and that Morton building needs to be in a certain area and it's 45 feet away from a property line now, they are entitled to do that. You know, now we are telling these aquaculture people 200 feet or you know, give up 400 feet the size of their property, that's a lot. Southold Town Board Regular Meeting page 6 July 14, 2015 MR. DUNN: I don't know if 200 feet is necessary in every instance. COUNCILMAN DINIZIO: But you can't base it, you have zoning, you have to look at the zoning and you know, anybody looks at a map and then looks at what's allowed in those zones are going to find that the setbacks that currently exist on their property and the property next to them are there and those people, whether they exist there or don't exist there, still have rights. MR. DUNN: Inaudible. COUNCILMAN DINIZIO: Well, if someone hasn't built a house yet, if they haven't built a barn. But your suggestion that if there is no house there now it be something different than if there is a house there, in zoning, you can't do that. MR. DUNN: Okay. Todd Gordon, Celestial Shrimp TODD GORDON: Hi, I am Todd Gordon from Celestial Shrimp. And we have been listening to everybody speak and I think we are really misunderstood. We are trying to produce something that's low impact, that's not going to have an effect on the environment and be a healthy product, okay? I spoke to Bob Summers from Ag and Markets and he had stated that if you are too restrictive they consider residential setbacks for farms reasonable, which if I am not mistaken is 15 or 20 feet, okay? So we are just trying to build the community, we are trying to add to it. This community thrives on agriculture, okay? Without agriculture, we would be a dustbowl. And I know there have been problems with the wineries and people always take things more than they are supposed to. They are not smart about it and they, one person always wrecks it for somebody else. All we are trying to do is start a business, not a huge business. Unfortunately, the building is fairly large, it's about 15,000 square feet. It's not the size of a Target, that's probably about 100,000 square feet. And it really doesn't produce that much shrimp, it will produce maybe 15,000 pounds a year which we are planning on selling, to start with, just to restaurants. We are not looking to do retail sales right away or anything like that. there won't be a lot of traffic, there won't be a lot of trucks in and out of the place. We will get probably one delivery a month for feed. Any other vehicles that are in and out would be a couple of cars and it will be an educational place for schools and people if they want to come and you know, tour the farm. But it's not anything that would really disturb the neighbors, other than if there is a hurricane and just like everybody else, they run generators, okay? We would have to run a generator because we would need to keep the pumps going and stuff Everything is internal, inside the building. There should be no noise outside, the building we are building has R-30 insulation in it because we have to maintain the water temperature, that's also a noise barrier, okay? so all these people that are getting up and saying things that they have gleaned off the interne because of stuff they have learned about in China or Vietnam or anyplace like that, is not what we are about. There are plenty of new aquaculture facilities, especially shrimp ones, that the towns just love them. They have spoken, I think Scott, did you speak to the people in Indiana? Did you get to speak to them? SUPERVISOR RUSSELL: They have a substantial amount of the information right on the website, so you can see everything inside now. And community input. Southold Town Board Regular Meeting page 7 July 14, 2015 MR. GORDON: We spoke to the town there and they can't say enough about our friends that have a facility there. They love them there. And there are other places. Some of the places, yes, are industrial farm places but like you said, the place in Amagansett, that's in residential. We are not looking to go into residential. I am looking to go in agriculture because I am a farm. That's all I am, is a farm. Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any of the agenda items? Peter Terranova,Peconic PETER TERRANOVA: Peter Terranova, Peconic. Could you just clarify resolution 651 regarding the pickleball tennis courts? It says to fund tennis court improvements and line a new pickleball court at Cochran Park. SUPERVISOR RUSSELL: Yes, what we are doing is we are resurfacing the tennis courts and the gentleman that's resurfacing the tennis courts is also going to do the new lining for the pickleball court which is going to be more or less the center of the basketball court but it's going to be temporary in nature so we are not giving up the basketball court. The nets will be removable and everything. MR. TERRANOVA: Excellent. Thank you. Good solution. SUPERVISOR RUSSELL: Abigail? Abigail Field ABIGAIL FIELD: Hi, I just have a quick clarification question on the new draft and maybe this is exact language from the old draft and this just never occurred to me, so forgive me, I should have raised this a long time ago. As you know, I represent people who do vacation rentals and the, almost all of them, these are second homes that my clients use on a regular basis during, sometimes during the season, sometimes during the off-season. They hope to retire to, they are not simply investment properties that are empty but for rentals. So when I read this language and it says, for purposes of this chapter, the term transient rental property shall mean all non-owner occupied single family residences, I just wanted to have clarification on what non-owner occupied means in the code? Is there any way in which the people who, does that reach people who like most of my clients, who in fact occupy these homes a lot during the year and don't do the rentals constantly. Again, this is probably language that was in all the drafts and it just never occurred to me, I just am curious. SUPERVISOR RUSSELL: I think the code generally means claiming it as your principal domicile. We can probably further clarify that. MS. FIELD: Well... COUNCILMAN DINIZIO: Well, it's in the code. SUPERVISOR RUSSELL: That language? Southold Town Board Regular Meeting page 8 July 14, 2015 COUNCILMAN DINIZIO: Yes, it's in the bed and breakfast. You know, that's what qualifies you, in other words, you can't have this business unless you live in that house. SUPERVISOR RUSSELL: What she is asking is what defines living in the house? MS. FIELD: Yes, I guess... COUNCILMAN DINIZIO: If you have the business and you are running a business, you must be present. That's what that means. At least in bed and breakfast. TOWN ATTORNEY DUFFY: They are renting out rooms as opposed to renting out the entire house. MS. FIELD: I believe you that non owner occupied is probably defined somewhere else in the code. I will go look it up, I just was hoping for a quick clarification, if you knew. Because again, this hadn't occurred to me, that it might have this grey area of what is truly not owner occupied since a lot of my clients actually occupy these properties for a good chunk of the time. COUNCILMAN DINZIO: Well, I could tell you. When we first did bed and breakfast, there was a case of a person applied for bed and breakfast in Mattituck on New Suffolk Avenue. He purchased the house, he was going to have his daughter live there. His daughter did not own that house. It was a ZBA application and you know, we came up with every angle to try to make it that, so it would be owner occupied. And we turned him down. MS. FIELD: I hear you but even that would be factually different because she wasn't an owner, these people own the house, they use it a good chunk of the time, it's their second home, it's their vacation home. COUNCILMAN DINIZIO: But when they are doing the business, are they in residence? MS. FIELD: No. COUNCILMAN DINIZIO: Then that's the point of the law as it is in our code right now, for bed and breakfast. And if you are looking to expand that, then we need to have that discussion. MS. FIELD: Fair enough. I mean, I was happy just to focus on this bill, it just suddenly struck me as potentially ambiguous and I was trying to make sure that the code underlying is actually quite clear on this one, where the other, happy to go look it up, I just thought the Town Attorney might now offhand but I will go look it up. TOWN ATTORNEY DUFFY: The way Councilman Dinizio is explaining it, I think, is the way it reads, that the owner is present while the house is being rented, as opposed to renting out the entire house. MS. FIELD: But it doesn't, but owner occupied in this sentence isn't actually pegged to the rental status. It is its own status, non-owner occupied house. And then there is a status Southold Town Board Regular Meeting page 9 July 14, 2015 associated with renting this house and I am just, it seems like it's this stand-alone term of non- owner occupied dwelling and I am just trying to make sure that a non-owner occupied dwelling includes dwellings that are owner occupied part of the time, it, this doesn't say purely a dwelling unit that's being rented when the owner isn't there, it says a non-owner, I mean, you can read the language here. I will go look it up in the code but I am saying that it's key to an independent definition regardless of the rental status. TOWN ATTORNEY DUFFY: I have given you our interpretation, the way we drafted it, what the intent is and that's our understanding. MS. FIELD: So for example, when I, we had a summer house on Shelter Island and we could get a rental policy for owner occupied, even though we weren't there all the time. We were simply there part of the time. We weren't, in fact, doing this sort of a business we were just there part of the time but it counted as an owner-occupied house for insurance purposes because when we were there, we were owning it. and so I am just wondering if that is the same kind of definition here. Is owner-occupied or not owner-occupied. Do you see what I am saying? I am not, I understand your purpose, this is more word-smithing issue, I am not, I am just trying to understand if this as drafted matches what we all thought you were writing, that's all. SUPERVISOR RUSSELL: I underlined that several months ago with code committee meeting and I forgot to bring it back up, only because I am used to, I have an Assessor's mentality. Everything is either your principal domicile or it's not. And you know, that's something that, we should probably go through the public hearing and then those little details we can always take as part of the public comment period. MS. FIELD: Anyway, it was a point of clarification. Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? Yes, Jill. Jill Franke, Southold JILL FRANKE: Jill Franke, Southold. Also on the rentals, you are doing a 14 night minimum. I don't rent my house out but who is going to enforce that? Are you going to hire more code enforcement officers? Expand onto the... SUPERVISOR RUSSELL: We are in the process of adding a part-timer. And if we need more, which I assume that we do, that will be part of the budget discussions coming up in the next months. MS. FRANKE: Okay. maybe people are renting their house out because the taxes are so high here and they are trying to stay like we are but I don't rent my house out. There are also no agendas out there but I read that you are spending possibly $21,000 to rent equipment for the dumps, the landfill. Isn't there other equipment up there that they can use temporarily in that time instead of spending $21,000? SUPERVISOR RUSSELL: I will let Jill speak to that one. I am sorry, Jill. Bill, you are the one that dealt with it, the payloader. Southold Town Board Regular Meeting page 10 July 14, 2015 COUNCILMAN RULAND: The answer to your question is no, there isn't. MS. FRANKE: Nothing? So we are spending $21,000. Okay. And my other thing is, I said I don't have an agenda, I see we are appointing somebody for the secretary for the Trustee's position. I complained publicly that I haven't been canvassed in 5 years. Mr. Dinizio promised me I would be canvassed. I got canvass letters twice. Both times I called for an appointment for an interview, they will not interview me. So I think you need to look into your practices of hiring and how you send out these letters. If they tell you to call for an interview, when you call for an interview don't tell you no, you can't come. It's ridiculous. I am 619 on that list in all of Suffolk County and the woman that you are hiring tonight is 1,119 on the list in Suffolk County. So you need to look into your hiring practices. You wanted to landscape the area for the Justice Court and get the best pick, she told me I could come in at 11:40, they couldn't accommodate me after 1:00. When they first asked me to come I said 1:00, then all of a sudden I have to come at 11:40 or not come at all. There is something wrong with that. So you interviewed possibly three people for this position and how many people did you interview for the Justice Court? Two civil service lists and then you transferred someone from somewhere else. So you should look into your practices. Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any of the agenda items? Chris Pfund,Event Power CHRIS PFUND: Yes, my name is Chris Pfund , I am representing Event Power. We just put on the North Fork Triathalon this past weekend and I understand that there are some issues, concerns, particularly pertaining to a race that happened a few weeks back and I understand the communities concern over safety and matters like that. I would like to say that we have been running this race for 18 years and we have had no issues and I think that it certainly something that the Town should be careful about, allowing certain events to go on that really aren't conducive or safe. Having someone running on the Main Road doesn't really make a lot of sense and that is something that Steve and I were talking about years ago, in discussions we weren't going to put anything on Route 25 because it didn't seem to make a lot of sense for the community. You know, we have also been donating about $10,000 to CAST the past few years and we think that's a good thing for the community and I believe also that this, a number of people that are from this community are enjoying this race, I think that it's a healthful thing that every town should want to promote a healthy lifestyle of living and certainly triathalon promotes that. exposing young people to those kind of experiences or kind of things that we all want and I think that as you go into your legislative process and figure out how to manage this, I have a couple of suggestions. Maybe you limit the, you know, if anything were to happen so it would not happen on a main thoroughfare. You could say not 25A, or you could say more broadly, not on main thoroughfares which gives you a little more flexibility. It certainly, you know, your responsibility to make sure your community is safe and that things aren't going to be disruptive to what goes on and I just have to say, I don't think we have and I hope you guys can find a way to keep us in your community, we love being a part of it and thank you for your time. SUPERVISOR RUSSELL: We are well aware, it's an excellent event and we know that. The problem is we couldn't really create policy that would carve out exceptions without being, I Southold Town Board Regular Meeting page 11 July 14, 2015 think one of the attorneys had mentioned unconstitutional, so we had to create a policy that was across the board. We weren't trying to chase anybody away, we are just asking people that host events to move them into a season where we can accommodate for them. Both with police and less stress on the roads. I realize one component of your three, I think you have three activities... MR. PFUND: Yes. SUPERVISOR RUSSELL: It relies on the water but if you can discuss maybe changing your business model, maybe coming down to two events or finding another third that doesn't require the water, I don't know. You know, I can't say what you need to do but just so you know, you are still welcome here. We just need to... MR. PFUND: One of the things that we have discussed and the whole idea of going into the later part of the season, because it's a beginner race and that's one of the magics about it, is it's a beginners race. That's a problem because if you go into April, it's too cold and if you into late season and you are running into problems there again. So it really effectively takes us out. I think you can also do things like limiting the time of day, you don't really want something going on mid-day on any of the roads. We are done by, we have the last contestants off the course by 9:15 and we have awards done by 10:00. SUPERVISOR RUSSELL: Just so you know, based on some of the phone calls I got this last week and a lot of people on the committee weren't really thrilled with the 7:00 AM start either. So we have to find a happy medium. It's tough, you know, we are trying. We were hoping we could work with organizations like yours and try to maybe just try to change the model a little bit so that we can accommodate you. MR. PFUND: Well, I think and I have seen in other communities where they do things like that, they limit the areas that they don't want it and it doesn't eliminate the, it gets rid of some of the unwanted effects and allows the things that you prefer to happen to happen. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on any of the agenda items? (No response) V. Resolutions 2015-627 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated July 14,2015. Southold Town Board Regular Meeting page 12 July 14, 2015 ✓Vote Record-Resolution RES-2015-627 El Adopted ❑ Adopted as Amended —❑ Defeated , Yes/Aye No/Nay Abstain Absent O Tabled - --- Robert Ghosio Seconder El 0 0 0 ❑ Withdrawn James Dinizio Jr Voter El 0 0 0 ❑ Supervisor's Appt ❑ Tax Receiver's Appt William P Ruland Voter ' El 0 0 0 ❑ Rescmded Jill Doherty Voter El 0 ❑ ❑ ❑ Town Clerk's Appt Louisa-P Evans Mover El ❑ ❑ ❑ LI Supt Hgwys Appt Scott A Russell Voter ' El 0 0 0 ❑ No Action ❑ Lost 2015-628 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, July 28, 2015 at the Southold Town Hall, Southold, New York at 4:30 P. M. ✓Vote Record-Resolution RES-2015-628 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye Noay Abstain se Abnt El Tabled �_ _ /N _ ❑ Withdrawn Robert Ghosio Seconder El 0 0T 0 ❑ Supervisor's Appt James Dinizio Jr Voter El 0 ❑ 0 LI Tax Receiver's Appt William P Ruland Voter El 0 0 0 ❑ RescindedJill Doherty Voter Lel ❑ 0 0 0 Town Clerk's Appt Louisa P Evans Mover I E ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El 0 0 0 ❑ No Action ❑ Lost 2015-629 CATEGORY: Special Events DEPARTMENT: Town Clerk American Legion Car Show Financial Impact: Southold Town Board Regular Meeting page 13 July 14, 2015 Cost Analysis: $131.68 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the American Legion Griswold-Terry-Glover Post 803 to hold an Antique Car Show on August 30, 2015 from 10:00 AM to 5:00 PM at the American Legion, Main Road, Southold. They are also requesting Partial closure of Tuckers Lane, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and comply with all the provisions of the Town's Special Permit Policy. Support is for this year only. All fees associated with this approval shall be waived, with the exception of the clean-up deposit. ✓Vote Record-Resolution RES-2015-629 Lel Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Mover E 0 0 0 ❑ Tax Receiver's Appt William P Ruland Voter RI 0 ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder El ❑ 0 ❑ ❑ Supt Hgwys Appt - Scott A Russell Voter El ❑ ❑ ❑ O No Action ❑ Lost 2015-630 CATEGORY: Budget Modification DEPARTMENT: Fishers Island Ferry District FIFD Budget Modification Financial Impact: to cover over expenditures RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated June 22, 2015, which amended the 2015 Fishers Island Ferry District budget. ✓Vote Record-Resolution RES-2015-630 D Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Defeated James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Seconder 0 El ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt Jill Doherty Mover C ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Rescmded Scott A Russell Voter El 0 0 0 O Town Clerk's Appt Southold Town Board Regular Meeting page 14 July 14, 2015 ❑ Supt Hgwys Appt O No Action ❑ Lost 2015-631 CATEGORY: Employment-Town DEPARTMENT: Accounting Acknowledges the Intent to Retire B. Phillip Beltz RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of B. Phillip Beltz from the position of Special Projects Coordinator effective on or about October 31, 2015. I Vote Record-Resolution RES-2015-631 E1 Adopted ❑ Adopted as Amended ❑ Defeated __ __�� __Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio j Voter 0 ❑ ❑ 0 0 Withdrawn o Supervisor's Appt James Dinizio Jr Voter ' 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Mover C�1 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter El 0 0 0 ❑ Town Clerk's Appt Louisa P Evans Seconder E ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-632 CATEGORY: Committee Resignation DEPARTMENT: Town Clerk HAC Resignation RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of John Vahey from the Housing Advisory Commission and be it further RESOLVED that the Town Clerk's Office be authorized and directed to advertise for vacancy on this committee. ✓Vote Record-Resolution RES-2015-632 El Adopted Yes/Aye No/Nay Abstain Absent O Adopted as Amended Robert Ghosio Seconder El 0 0 ❑ Southold Town Board Regular Meeting page 15 July 14, 2015 ❑ Defeated James Dinizio Jr Voter Q 0 ❑ 0 O Tabled William P.Ruland Voter Q ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter Q 0 0 ❑ ❑ Supervisor's Appt Louisa P Evans ; Mover Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter ' Q 0 0 0 ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action O Lost 2015-633 CATEGORY: Refund DEPARTMENT: Town Clerk Refund of Beach Sticker RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund in the amount of$10.00 to Lauren McCall, PO Box 271, Cutchogue,NY 11935 for a duplicate purchase of a Town Beach sticker. ✓Vote Record-Resolution RES-2015-633 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ - _ ❑ Withdrawn Robert Ghosio Mover i Q ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter Q El El ❑ Tax Receiver's Appt William P Ruland Voter Q El ❑ 0 Rescinded Jill Doherty Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder Q ❑ ❑ El ❑ Supt Hgwys Appt Scott A Russell Voter Q CI ❑ ❑ ❑ No Action ❑ Lost 2015-634 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bid for Used HRC Vehicle Southold Town Board Regular Meeting page 16 July 14, 2015 RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of David DeFriest in the amount of$489.00 for Asset#2278, used HRC vehicle, all in accordance with the Town Attorney. ✓Vote Record-Resolution RES-2015-634 E Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Voter E ❑— ❑ ❑ ❑ Withdrawn - - ❑ Supervisor's Appt James Dtmzio Jr Mover 0 0 0 ❑ Tax Receiver's Appt William P Ruland Seconder E ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter E 0 I=1 ❑ ❑ Town Clerk's Appt Louisa P Evans Voter E ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter E 0 0 0 ❑ No Action ❑ Lost 2015-635 CATEGORY: Employment-Town DEPARTMENT: Recreation Hire Seasonal Summer Employee RESOLVED that the Town Board of the Town of Southold hereby appoints the following individual as a lifeguard for the 2015 summer season, July 15 - September 7 as follows: STILLWATER LIFEGUARD HOURLY SALARY Jeffrey Hauser (1st year) $12.17 ✓Vote Record-Resolution RES-2015-635 El Adopted ❑ Adopted as Amended O Defeated Yes/Aye No/Nay Abstain Absent E l Tabled _____ _ , _ ❑ Withdrawn Robert Ghosio Voter El ❑ 0 0 ❑ Supervisor's Appt James Dinizio Jr Voter El 0 0 ❑ ❑ Tax Receiver's Appt William P.Ruland Voter E 0 ❑ ❑ ❑ Rescinded Jill Doherty Mover E 0 ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder El 0 0 ❑ ❑ Supt Hgwys Appt Scott A Russell Voter E ❑ 0 ❑ El No Action O Lost Southold Town Board Regular Meeting page 17 July 14, 2015 2015-636 CATEGORY: Employment-FIFD DEPARTMENT: Accounting Appoint Jessica Grote Seasonal Laborer RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted July 6, 2015 that appoints Jessica Grote to the position of seasonal laborer effective June 10, 2015 through September 15, 2015 at a rate of $10.56 per hour. ✓Vote Record-Resolution RES-2015-636 ll Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio , Voter El 0 CI ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ LI Tax Receiver's Appt William P Ruland Mover 0 0 0 ❑ Rescmded Jill Doherty Seconder 21 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ ❑ Supt 1lgwys Appt Scott A Russell Voter El 0 ❑ ❑ ❑ No Action ❑ Lost 2015-637 CATEGORY: Attend Seminar DEPARTMENT: Planning Board Attend Seminar: Complete Streets Policy Implementation RESOLVED that the Town Board of the Town of Southold hereby grants permission to Heather Lanza, Planning Director, to attend and participate in a workshop regarding Complete Streets Policy Implementation at The Suffolk County Department of Public Works in Yaphank on July 22, 2015. There are no expenses for registration and the travel cost will be a Town Vehicle. ✓Vote Record-Resolution RES-2015-637 El Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended - Robert Ghosio Seconder 21 ❑ ❑ El ❑ Defeated - James Dinizio Jr Voter 0 0 ❑ ❑ Tabled William P Ruland Voter I2 ❑ 0 0 ❑ Withdrawn LI Supervisor's Appt Jill Doherty , Voter El ❑ El LI ❑ Tax Receiver's Appt Louisa P Evans Mover IZI ❑ ❑ ❑ ❑ Rescmded Scott A Russell Voter EI ❑ ❑ ❑ ❑ Town Clerk's Appt Southold Town Board Regular Meeting page 18 July 14, 2015 ❑ Supt Hgwys Appt ❑ No Action O Lost 2015-638 CATEGORY: Grants DEPARTMENT: Solid Waste Management District HHW Grant Application 2015-2016 WHEREAS, the State of New York provides financial aid for household hazardous waste programs; and WHEREAS the Town of Southold, herein called the Municipality,has examined and duly considered the applicable laws of the State of New York and the Municipality deems it to be in the public interest and benefit to file an application under these laws; and WHEREAS, it is necessary that a Contract between the People of the State of New York, herein called the State, and the Municipality be executed for such State aid; NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Southold: 1. That the filing of an application in the form required by the State of New York in conformity with applicable laws of the State of New York including all understanding and assurances contained in said application is hereby authorized; 2. That Supervisor Scott A. Russell or his designee is directed and authorized as the official representative of the Municipality to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the State; 3. That the Municipality agrees that it will fund the entire cost of said Household Hazardous Waste Program and will be reimbursed by the State for the State share of such costs; 4. That five (5) certified copies of this Resolution be prepared and sent to the NYS Department of Environmental Conservation together with a complete application. 5. That this resolution shall take effect immediately. ✓Vote Record-Resolution RES-2015-638 O Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Mover 0 ❑ ❑ 0 ❑ Defeated James Dinizio Jr Voter 0 LI ❑ 0 ❑ Tabled William P Ruland Voter 0 0 0 LI LI Withdrawn Jill Doherty Voter 0 0 0 0 LI Supervisor's Appt Louisa P Evans Seconder 0 LI 0 ❑ CI Tax Receiver's Appt Scott A Russell Voter 0 LI Scott 0 Southold Town Board Regular Meeting page 19 July 14, 2015 ❑ Rescinded O Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-639 CATEGORY: Employment-Town DEPARTMENT: Town Clerk Student Intern 1 Records Management Financial Impact: There are sufficient funds in my budget for this. 07/14/15 A.1460.1.200.100 •part-time employees $19,718.22 RESOLVED that the Town Board of the Town of Southold hereby appoints Christian Montgomery to the position of a Student Intern 1 for the Town Clerk Records Management Office, effective July 15, 2015, at a rate of $13.12 per hour. I Vote Record-Resolution RES-2015-639 ll Adopted ❑ Adopted as Amended O Defeated eyes/Aye No/NayAbstain Absent O Tabled Robert Ghosio Voter El 0 ❑ 0 ❑ Withdrawn ❑ Supervisor's Appt James Dmizio Jr Mover s 0 0 0 ❑ Tax Receiver's Appt William P Ruland Voter El ❑ ❑ 0 ❑ Rescinded Jill Doherty Seconder El 0 0 0 ❑ Town Clerk's Appt Louisa P.Evans Voter El 0 ❑ 0 ❑ Supt Hgwys Appt Scott A.Russell Voter I E1 0 0 0 LI No Action ❑ Lost 2015-640 CATEGORY:: Contracts,Lease&Agreements DEPARTMENT: Accounting Amend Resolution Equipment Rental RESOLVED that the Town Board of the Town of Southold hereby amends resolution#2015- 422, adopted at the May 5, 2015, regular Town Board meeting as follows: Southold Town Board Regular Meeting page 20 July 14, 2015 RESOLVED that the Town Board of the Town of Southold hereby authorizes the Solid Waste District to enter into an agreement with Edward Ehrbar,Inc. under Suffolk County Heavy Equipment Contract# 24-14.8.7 for the rental of a front end wheel loader for until such time as repairs on the District's CAT 966 loader are completed, a period of time not expected to exceed 2-3 months, at a cost not to exceed $7,020.00 per month plus $39.40/hr for hours used in excess of 176/month. ✓Vote Record-Resolution RES-2015-640 ❑ 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 0 0 0 El Tax Receiver's Appt William P Ruland Seconder El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover El 11 —IT— 0 ❑ Town Clerk's Appt Louisa P Evans Voter El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El 0 0 0 ❑ No Action ❑ Lost 2015-641 CATEGORY: Retirement/Resignation DEPARTMENT: Accounting Retirement Resolution for Elected Officials WHEREAS,the State of New York has set additional reporting requirements in Section 315.4 of the New York Codes,Rules and Regulations which requires all elected and appointed officials whose terms start on or after August 12, 2009, who are members of the New York State and Local Retirement System and who do not participate in their employer's time keeping system to prepare a log of their work-related activities for three consecutive months and submit their logs to the clerk or secretary of the governing board within 150 days of the start of their term; Now Therefore, be it RESOLVED that the Town Board of the Town of Southold hereby establishes the following as standard workdays for elected and appointed officials and will report the following days worked to the New York State and the Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Title Name Standar Term Participates in Days/Month (based on d Work Begins/ Employer's Time Record of Activities) Day Ends Keeping System (Hrs./da Southold Town Board Regular Meeting page 21 July 14, 2015 Supervisor Scott A. Russell 6 1/1/2012 - No 12/31/15 31.93 BE IT FURTHER RESOLVED, that said standard is being established to meet the accounting requirements of the New York State Employees Retirement System for calculation of retirement benefits, and BE IT FURTHER RESOLVED, that the Town Clerk be and she hereby is authorized to send a certified copy of this resolution to the New York State Employees Retirement System. I, Elizabeth A. Neville, Town Clerk of the governing board of the Town of Southold of the State of New York, do hereby certify that I have compared the foregoing with the original resolution passed by such board, at a legally convened meeting held on the 14th day of July, 2015 on file as part of the minutes of such meeting, and that the same is a true copy thereof and the whole of such original. I further certify that the full board, consists of six (6) members, and the six (6) of such members were present at such meeting and that six (6) of such members voted in favor of the above resolution. IN WITNESS WHEREOF,I have hereunto set my hand and the seal of the Town of Southold, on this 14th day of July,2015. SEAL Elizabeth A. Neville Town Clerk Town of Southold Certified copy of this resolution to be sent to the New York State Employees Retirement System. ✓Vote Record-Resolution RES-2015-641 ll Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent O Tabled ❑ Withdrawn Robert Ghosio Voter El ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter El 0 0 0 ❑ Tax Receiver's Appt William P Ruland Mover Q ❑ 0 ❑ ❑ Rescinded Jill Doherty Voter El ❑ 0 ❑ 0 Town Clerk's Appt Louisa P Evans Seconder El 0 0 ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El 0 0 ❑ ❑ No Action O Lost Southold Town Board Regular Meeting page 22 July 14, 2015 2015-642 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Board of Ethics Appointment RESOLVED that the Town Board of the Town of Southold hereby appoints John Hogan to the Board of Ethics, effective immediately. Term to expire March 31, 2017. ✓Vote Record-Resolution RES-2015-642 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled CI Withdrawn Robert Ghosio Seconder Q ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter RI ❑ 0 0 ❑ Tax Receiver's Appt William P Ruland Voter El 0 ❑ ❑ ❑ Rescinded Jill Doherty Voter Q 0 0 0 ❑ Town Clerk's Appt Louisa P Evans Mover Q ❑ ❑ ❑ o Supt Hgwys Appt Scott A Russell Voter - Q 0 ❑ ❑ ❑ No Action ❑ Lost 2015-643 CATEGORY: Employment-Town DEPARTMENT: Accounting Release Diane Schroeder RESOLVED that the Town Board of the Town of Southold hereby releases Diane Schroeder from the position of Detention Attendant in the Police Department effective July 14, 2015. ✓Vote Record-Resolution RES-2015-643 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Mover Q ❑ ❑"""" [].._. ,. ❑ Withdrawn James Dinizio Jr Voter Q ❑ 0 0 ❑ Supervisor's Appt William P Ruland Voter Q 0 ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder Q 0 0 ❑ ❑ Rescinded Louisa P Evans Voter Q 0 0 0 ❑ Town Clerk's Appt Scott A.Russell Voter Q 0 0 0 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Southold Town Board Regular Meeting page 23 July 14, 2015 2015-644 CATEGORY: Affordable Housing DEPARTMENT: Town Clerk Affordable Housing Unit Prices RESOLVED that the Town Board of the Town of Southold hereby sets the maximum initial sales price and maximum allowable monthly rent for 2015 for affordable housing units as follows: Home Purchase Price May Not Exceed Households earning 80% or less of the HUD median income for Nassau/Suffolk $218,000* Households earning 100% or less of the HUD median income for Nassau/Suffolk $272,500** Households earning 120% or less of the HUD $327,000*** median income for Nassau/Suffolk * 2.5 times the 80%median income family of four-Nassau/Suffolk County ($87,200) **2.5 times the 100%median income family of four-Nassau/Suffolk County ($109,000) ***2.5 times the 120%median income family of four-Nassau/Suffolk County ($130,800) Monthly Rental Amounts May Not Exceed (utilities may or may not be included) Efficiency $ 953*** One Bedroom $ 1021*** Two Bedroom $ 1226*** Three Bedroom $ 1417*** Four Bedroom $ 1581*** *** represents Nassau/Suffolk Low Home Rent Limit RESOLVED that pursuant to Chapter 240-10-B(2)(c)[2][a] of the Town Code, the Town Board of the Town of Southold hereby sets $218,000 as the amount of payment required per housing unit for Moderate Income Family Dwelling Units not built within the Town of Southold's inclusionary zoning requirements. Said amount reflects two times the Nassau/Suffolk median income for a family of four in accordance with the Long Island Workforce Housing Act. ✓Vote Record-Resolution RES-2015-644 IBJ Adopted -- - —-- - ❑ Adopted as Amended Yes/Aye No/Nay Abstain , Absent 0 Defeated Robert Ghosio i Voter 2 0 0 0 Southold Town Board Regular Meeting page 24 July 14, 2015 D Tabled James Dmizio Jr Mover Et ❑ ❑ ❑ ❑ Withdrawn William P Ruland Voter ll ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Seconder El ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter El ❑ ❑ ❑ O Rescinded Scott A Russell Voter El ❑ ❑ ❑ o Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-645 CATEGORY: Employment-Town DEPARTMENT: Accounting Hiring Contingent Permanent Clerk Typist RESOLVED that the Town Board of the Town of Southold hereby appoints Diane Di Salvo from the Suffolk County Civil Service Department's certified list of eligibles to the contingent permanent position of Clerk Typist for the Trustees Department, effective July 24, 2015, at an annual rate of$37.307.36. ✓Vote Record-Resolution RES-2015-645 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter El ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Seconder El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover El ❑ ❑ ❑ o Town Clerk's Appt Louisa P Evans Voter El 0 ❑ ❑ o Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-646 CATEGORY: Advertise DEPARTMENT: Town Clerk PH Change of Zone, F 18/5/15 1:02 Pm RESOLVED that the Town Board of the Town of Southold hereby amends, resolution 2015-625 Southold Town Board Regular Meeting page 25 July 14, 2015 adopted at the regular Town Board meeting on June 30, 2015 as follows: RESOLVED that the Town Board of the Town of Southold is considering the change of zone of the property identified as SCTM#1000-12-1-1.2 from R-120 to AHD on its own motion; and it is further RESOLVED that the Town Board of the Town of Southold requests the Planning Board to prepare a report and recommendations on the proposed rezoning, including a SEQRA report and recommendations and to the Suffolk County Department of Planning for their recommendations; and it is further RESOLVED that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County,New York,the Town Board of the Town of Southold will hold a public hearing on a proposed Local Law entitled"A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of property identified on the Suffolk County Tax Map as Lot#1000-012-1-1.2 from R-120 to AHD" at the Fishers Island School Fishers Island,New York, on the 5th day of August, 2015 at 1:02PM and directs the Town Clerk to publish notice of such appeal in the Suffolk Times, The Day, New London and the Fishers Island Fog Horn not less than ten(10) days nor more than thirty (30) days prior to such hearing. I Vote Record-Resolution RES-2015-646 ll Adopted ❑ Adopted as Amended ❑ Defeated - Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter El ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Mover El ❑ ❑ ❑ o Rescinded Jill Doherty Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-647 CATEGORY: Refund DEPARTMENT: Town Clerk Various Clean Up Deposits WHEREAS the following groups have supplied the Town of Southold with a Clean-up Deposit fee in the amount of$250.00, for their events and Southold Town Board Regular Meeting page 26 July 14, 2015 WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that this fee may be refunded, now therefor be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of$250.00 to the following: Name Date Received Jeffrey Behrens 7/18, 9/26 Event Cancelled 198 Roseland Lane East Patchogue,NY 11772 New Suffolk Civic Association 7/4 PO Box 642 New Suffolk,NY 11956 Southold Village Merchants 7/4 PO Box 1177 Southold NY 11971 Oysterponds Historical Society 7/5 PO Box 70 Orient NY 11957 Mattituck Chamber of Commerce 7/11 PO Box 1056 Mattituck NY 11952 ✓Vote Record-Resolution RES-2015-647 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled __ _._ _____ _ — ❑ Withdrawn Robert Ghosio Seconder El ❑ ❑ 0 ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ 0 0 I=1 Tax Receiver's Appt William P Ruland Voter El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-648 CATEGORY: Contracts, Lease&Agreements Southold Town Board Regular Meeting page 27 July 14, 2015 DEPARTMENT: Planning Board Authorize Agreement with AKRF Consultants 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 AKRF, Environmental &Planning Consultants, to provide technical assistance to the Planning Board in connection with its SEQR review of the Site Plan Application for Southold Gas Station & Convenience Store, in accordance with the proposal, dated July 10, 2015, submitted to the Town, and subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2015-648 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Mover ❑ ❑ 0 ❑ Supervisor's Appt James Dinizio Jr Voter tEl 0 ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Voter D ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 0 0 0 ❑ Town Clerk's Appt Louisa P Evans Seconder p 0 0 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ 0 ❑ No Action ❑ Lost 2015-649 CATEGORY: Contracts,Lease &Agreements DEPARTMENT: Town Attorney Grant Permission to Planning to Apply for Grant/Comp Plan Update RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Planning Department to apply for a grant entitled "Southold Prosperity—A Comprehensive Plan for Jobs, Housing,Natural Resources and Heritage", in connection with updating the Town's Comprehensive Plan, under the New York State Environmental Protection Fund, Local Waterfront Revitalization Program, and the New York State Consolidated Funding Application. ✓Vote Record-Resolution RES-2015-649 El Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent 0 Defeated Robert Ghosio Voter lEJ ❑ 0 ❑ ❑ Tabled James Dinizio Jr Mover 0 ❑ 0 0 ❑ Withdrawn William P Ruland Seconder El 0 0 0 ❑ Supervisor's Appt Jill Doherty Voter ❑ 0 ❑ 0 Tax Receiver's Appt Louisa P Evans Voter p 0 0 0 Southold Town Board Regular Meeting page 28 July 14, 2015 ❑ Rescinded Scott A Russell Voter ll ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-650 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Southold Run for Soldiers- WWP RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Wounded Warrior Project to hold a 5k Southold Run for the Soldiers on July 25, 2015 from 5:30 am to 2:00 pm,provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. Support is for this year only. All Town fees for this event, with the exception of the Clean-up Deposit, are waived. ✓Vote Record-Resolution RES-2015-650 Lel Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled __ ❑ Withdrawn Robert Ghosio ' Voter llCI 0 ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ 0 0 ❑ Tax Receiver's Appt William P Ruland , Seconder, El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover El ❑ ❑ ❑ El Town Clerk's Appt Louisa P Evans Voter 0 ❑ 0 ❑ o Supt Hgwys Appt Scott A Russell Voter El I ❑ ❑ ❑ ❑ No Action ❑ Lost 25. Comments regarding resolution 650 COUNCILWOMAN DOHERTY: I will move that motion with a discussion. This is costing us, our police, we got the report from Flatley, so I am asking why we should be waiving town fees. We should be charging the fees for it. SUPERVISOR RUSSELL: The former policy was customary to waive the fees for non-profits, but I believe the new policy will address that. COUNCILWOMAN DOHERTY: Okay, so we are just going to, until we change the policy we will stick to this. Okay. Southold Town Board Regular Meeting page 29 July 14, 2015 2015-651 CATEGORY: Budget Modification DEPARTMENT: Public Works Pickleball/Tennis Courts Financial Impact: To fund tennis court improvements and line new pickleball court at Cochran Park RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 General Fund Whole Town Budget as follows: From Revenues: A.2025.00 Special Recreation Facility Park& Recreation Total $3,000 To Appropriations: A.1620.2.500.825 Cochran Park Improvements Total $3,000 I Vote Record-Resolution RES-2015-651 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent O Tabled ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 21 0 ❑ 0 ❑ Tax Receiver's Appt William P Ruland Mover Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Seconder Q ❑ 0 0 ❑ Town Clerk's Appt Louisa P Evans Voter 0 0 ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ O No Action O Lost 2015-652 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Southold Athletic Assoc. 5K Financial Impact: Police Department Cost for Event = $310 68 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold School District to use certain roads for a 5K race in Southold,New York on November Southold Town Board Regular Meeting page 30 July 14, 2015 14, 2015, set-up 8:00 am, start time 9:00 AM, route for the 5K: beginning at the Elementary School parking lot onto Oaklawn Avenue to Route 25, east to Youngs Avenue, to Calves Neck Road, to Harper Road, Hill Road, Wells Road, back to Oaklawn Avenue, to Pine Neck Road to Main Bayview Road to Main Road, Jockey Creek Drive back onto the Southold School property, provided applicant meets all of the requirements as listed in the Town Policy on Special Events and Use of Recreation Areas and Town Roads. Support is for this year only. Fees for this event have been waived with the exception of the Clean-up deposit. I Vote Record-Resolution RES-2015-652 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Seconder E 0 ❑ ❑ ❑ Supervisor's Appt James Dmizio Jr Voter El 0 0 ❑ Tax Receiver's Appt William P Ruland Voter 0 ❑ 0 ❑ ❑ Rescmded Jill Doherty Voter El 0 ❑ 0 ❑ Town Clerk's Appt Louisa P Evans Mover El ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-653 CATEGORY: Budget DEPARTMENT: Town Attorney Waive Late Charge to King Kullen Account by Solid Waste District RESOLVED that the Town Board of the Town of Southold hereby waives the $136.23 late charge assessed to the King Kullen account by the Solid Waste District for yellow bags. ✓Vote Record-Resolution RES-2015-653 El Adopted ❑ Adopted as Amended ❑ Defeated - Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Mover El ❑ 11 ❑ ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ 0 0 ❑ Tax Receiver's Appt William P Ruland Voter Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter El LI ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder El 0 ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ 0 ❑ No Action ❑ Lost Southold Town Board Regular Meeting page 31 July 14, 2015 2015-654 CATEGORY: Contracts, Lease &Agreements DEPARTMENT: Town Attorney Agreement W/SC Office for Aging- CSE Residential Repair HRC RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and the Suffolk County Office for the Aging for community services for the Elderly Residential Repair Program for the period April 1, 2015 through March 31, 2016, at no cost to the Town, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2015-654 El Adopted O Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled -- — — Robert Ghosio Voter I l ❑ ❑ ❑ ❑ Withdrawn — ❑ Supervisor's Appt James Dinizio Jr Mover ll ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Voter El ❑ 0 0 ❑ Rescinded - Jill Doherty Voter 0 ❑ ❑ ❑ O Town Clerk's Appt Louisa P.Evans Seconder El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ll ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-655 CATEGORY: Policies DEPARTMENT: Town Attorney Adopt Amended Policy for Special Events on Town Properties and Roads RESOLVED that the Town Board of the Town of Southold hereby amends the Town of Southold's Road Use Policy for Special Events on Town Properties and Roads, adopted on May 7, 2013, and amended on May 20, 2014, effective immediately, and applicable to all future Town Properties and Roads Special Event Permit Applications; and be it further RESOLVED that the Town Board of the Town of Southold hereby directs the Town Clerk to append the Policy to all applications for special event permits on Town lands and to process all future applications in accordance with the amended Policy, to read as follows: TOWN OF SOUTHOLD Policy for Special Events on Town Properties and Roads Southold Town Board Regular Meeting page 32 July 14, 2015 In addition to the criteria set forth in Chapter 205 of the Southold Town Code with respect to the review of events that are proposed to utilize or be held on any land owned, leased or controlled by the Town of Southold and, in particular, special events on Town roads, and with the exception of community organized parades, the issuance of a Special Event Permit by the Town Board will be subject to the following guidelines: 1. All events must be sponsored by a not-for-profit organization or recognized charity and the applicant must verify that all proceeds generated by the event are wholly for the benefit of said organization or recognized charity. 2. Events that require the closing of a road shall not be held on a holiday or at the same time or location of previously approved community or special events absent authorization from the Chief or Captain of the Police Department. 3. All motorcycle events shall be limited to 600 participants. 4. Applicants may only receive approval for one event in each calendar year. 5. The prior issuance of an approval does not bind the Town Board to approve the same or a similar event in the future. 6. Failure to comply with any condition of approval may result in revocation of approval and/or denial of future applications. In addition to the above, all Bicycle and/or Running Special Events shall be subject to the following guidelines: 1. There shall be no bicycle and/or running special events conducted within the Town of Southold during the period of June 1 to November 1. 2. Organizers and participants of bicycle and/or running special events shall fully adhere to the "rules of the road"including every applicable provision of the New York State Vehicle and Traffic Law, including but not limited to VTL §§1231-1234. 3. Organizers of bicycle and/or running special events shall post a deposit of one thousand five hundred dollars ($1,500.00)to ensure that the roads are returned to pre-event condition. 4. Where the expected number of persons or the duration of the bicycle and/or running special event may impact the health, safety and welfare of the public, as a condition to granting the permit, the Town Board, upon the recommendation of the Chief of Police, may require the applicant to reimburse the Town for the costs of increased police protection,public safety oversight, and public works facilitation, including any additional equipment as may be deemed necessary by the Chief of Police to adequately and safely control and protect the persons attending the event, the event area and traffic in and around the event area. Such costs shall include all necessary staffing and shall be provided to the applicant prior to the issuance of the permit. 5. All bicycle events and/or running special events shall be limited to 600 participants. Southold Town Board Regular Meeting page 33 July 14, 2015 All special event approvals shall be subject to compliance with the following conditions: 1. They file with the Town Clerk a Two Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; a $250 or$500 filing fee (depending on size of event); a remuneration fee determined by the Chief or Captain of the Police Department for traffic control; $250.00 or more deposit for clean-up (deposit to be returned after event upon recommendation of the Southold Town Police Chief; Southold Town Police Department); 2. Make every effort to control noise; 3. Comply with Chapter 205 of the Southold Town Code to notify neighbors in advance of event; 4. Coordinate traffic control upon notification of the adoption of a Town Board resolution with Police Captain; 5. No permanent markings be placed on Town, County or State roads or property for the event; 6. Any road markings or signs for the event be removed within twenty-four(24) hours of the completion of the event; and 7. Any parade participants shall not throw candy or other objects at or in the direction of spectators along the parade route but such items may be handed directly to spectators. The Town Board reserves the right to waive or modify any or all of the above guidelines and conditions as it may deem appropriate under the circumstances presented and to deny any application for a special event that is determined to not be in the best interest of the residents of the Town of Southold. ✓Vote Record-Resolution RES-2015-655 ❑ Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled • ❑ Withdrawn Robert Ghosio Voter Q 1— .1 ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr ' Voter Q 0 0 0 ❑ Tax Receiver's Appt William P.Ruland Seconder Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover Q 0 0 0 ❑ Town Clerk's Appt Louisa P Evans , Voter Q 0 0 0 ❑ Supt Hgwys Appt Scott A Russell Voter El 0 0 0 ❑ No Action ❑ Lost 2015-656 CATEGORY: Employment-Town DEPARTMENT: Town Attorney Southold Town Board Regular Meeting page 34 July 14, 2015 Adopt Arbitrator Gregory's Opinion &Recommendation/PSD Weather Emergency Grievance RESOLVED that the Town Board of the Town of Southold hereby adopts and implements, in its entirety,the Opinion and Recommendation of Arbitrator Dr. David L. Gregory, Esq., dated June 25, 2015, in the matter of CSEA and the Town of Southold (Public Safety Dispatchers/Weather Emergency Grievance). ✓Vote Record-Resolution RES-2015-656 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent O Tabled ❑ Withdrawn Robert Ghosio Voter ll 0 0 0 ❑ Supervisor's Appt James DrumJr Voter El 0 0 0 ❑ Tax Receiver's Appt William P Ruland Mover El 0 ❑ 11 ❑ Rescinded Jill Doherty Voter El 0 0 ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-657 CATEGORY: Contracts, Lease&Agreements DEPARTMENT: Town Attorney Grant Application of Strauel- Coastal Erosion Hazard Area Appeal WHEREAS,the Board of Trustees denied the application of Theodore and Nathalie Strauel (the "Applicant") for a permit to construct a fixed timber dock on the premises known as 220 Bay Lane, Orient,New York, under the Coastal Erosion Hazard Areas Law(the "Law") of the Town of Southold pursuant to Section 111-11(c); and WHEREAS, on April 15, 2015, the Applicant submitted an application to the Town Board of the Town of Southold seeking to appeal the determination of the Board of Trustees, or in the alternative, seeking a variance from the requirements of the Law; and WHEREAS, on June 16, 2015, the Town Board conducted a duly noticed public hearing on the instant appeal with an opportunity for all interested parties to be heard and testimony was taken of the Applicant's consultant as well as a witness with expertise in marine construction; and WHEREAS,the application has been reviewed pursuant to Chapter 268, Waterfront Consistency Review of the Town Code and the Local Waterfront Revitalization Program; now, therefore, be it Southold Town Board Regular Meeting page 35 July 14, 2015 RESOLVED that the Town Board of the Town of Southold does hereby adopt the Findings and Determination dated July 14, 2015, granting the Application of Theodore and Nathalie Strauel for a variance pursuant to §111-20 of the Coastal Erosion Hazard Area Code; and be it further RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed action is classified as a Type II Action and is not subject to review pursuant to SEQRA Rules and Regulations for this action; and be it further RESOLVED that the Town Board had determined that this action is consistent with Chapter 268, Local Waterfront Revitalization Program; and be it further RESOLVED that this Determination shall not affect or deprive any other agency of its properly asserted jurisdiction, separate and apart from the proceedings under the Coastal Erosion Hazard Areas Law considered herein. ✓Vote Record-Resolution RES-2015-657 RI Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent O Tabled — _. Robert Ghosio Voter El 0 ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter ll 0 0 ❑ ❑ Tax Receiver's Appt William P Ruland Voter ll ❑ 0 0 ❑ Rescinded Jill Doherty Seconder ll ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 11 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ll ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-658 CATEGORY: Property Usage DEPARTMENT: Recreation Approve Field Use for Baseball Camp RESOLVED that the Town Board of the Town of Southold hereby grants permission to All Pro Sports Academy in Bellport to conduct a baseball camp from July 20 - 24, 9:00 a.m. - 2:00 p.m. at Tasker Park in Peconic, subject to a payment in the amount of$600. Applicant must file with the Town Clerk's Office a Two Million Dollar Certificate of Insurance naming the Town of Southold as additional insured. ✓Vote Record-Resolution RES-2015-658 El Adopted - - -- - O Adopted as Amended Yes/Aye No/Nay Abstain Absent Southold Town Board Regular Meeting page 36 July 14, 2015 ❑ Defeated Robert Ghosio Mover ll ❑ ❑ ❑ ❑ Tabled James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Withdrawn William P Ruland Voter El ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconder El ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter Q ❑ ❑_ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-659 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH 9/8/15 @ 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 14th day of July, 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 8th day of September,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 2191 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. 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 Southold Town Board Regular Meeting page 37 July 14, 2015 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. 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). A P.- 1 4 A P. P.- -- • • • • • - products that naturally are produced in the freshwater or marine environments, including finfish, structures for cultivating such products. , but excluding the construction of any building, any 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. LAND BASED AQUACULTURE - Any form of aquaculture that does not take place in a natural body of water or marine environment. Southold Town Board Regular Meeting page 38 July 14, 2015 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 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 uses except the following: A. Permitted uses. (7) 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 7 acres owned by the land based aquaculture operator. (b) The structures used for land based aquaculture operations shall be set back a minimum of 100 feet from any road and 200 feet from any contiguous parcel. (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 that 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. $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 Southold Town Board Regular Meeting page 39 July 14, 2015 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. §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. 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-2015-659 RI Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Voter 0 ❑ ❑ ❑ o Withdrawn James Dinizio Jr Mover ll ❑ ❑ 0 ❑ Supervisor's Appt William P Ruland Voter l l ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder El ❑ ❑ ❑ o Rescinded Louisa P Evans Voter Er ❑ ❑ ❑ o Town Clerk's Appt Scott A Russell Voter El 0 0 ❑ o Supt Hgwys Appt O No Action ❑ Lost Southold Town Board Regular Meeting page 40 July 14, 2015 2015-660 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-2015-660 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter 21 v ❑ ❑ ❑ ❑ 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 0 ❑ 0 ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Cil 0 0 ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ 0 ❑ ❑ No Action ❑ Lost 2015-661 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH 8/11/15 @ 7:32 PMLL/Transient Rental Properties WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 14th day of July, 2015, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties." 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 11th day of August, 2015 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. Southold Town Board Regular Meeting page 41 July 14, 2015 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. The Town Board of the Town of Southold has determined that with the advent of interne based"For Rent by Owner" services, there has been a dramatic increase in residential homes being rented for short periods of time. The Town Board finds that such transient rentals threaten the residential character and quality of life of neighborhoods in which they occur. Additionally, the Town Board has determined that a short-term rental, as being potentially more lucrative, will necessarily decrease the inventory of available long-term affordable rentals. 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 fourteen (14) nights. For the purposes of this Chapter, the term Transient Rental Property shall mean all non- owner occupied, single-family residences, two-family residences, and townhouses rented for a period of less than fourteen (14)nights and shall not include: 1. 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. 2. A dwelling unit located on Fishers Island, due to the unique characteristics of the Island., including the lack of formal lodging for visitors. Southold Town Board Regular Meeting page 42 July 14, 2015 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 fourteen (14)nights. 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. Southold Town Board Regular Meeting page 43 July 14, 2015 (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. 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. §280-155. Penalties for offenses. A. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor, or their agents, or any other person who commits, takes part or assists in the commission of any such offense or any person, including an owner, contractor, agent or other person who fails to comply with a written order or notice of any Building Inspector or Zoning Inspector shall, upon a first conviction thereof, be guilty of a violation, punishable by a fine not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within Southold Town Board Regular Meeting page 44 July 14, 2015 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $10,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. B. Notwithstanding the foregoing, any violation of§§280-13A(6), 280-13B(13), 280-13D, and 280-111(j) are hereby declared to be offenses punishable by a fine not less than $1,500 nor more than$8,000 or imprisonment for a period not to exceed six months, or both, for a conviction of a first offense; for convictions of a second or subsequent offense within 18 months, a fine not less than$3,000 nor more than $15,000 or imprisonment not to exceed a period of six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply. Each day's continued violations shall constitute a separate additional violation. Additionally, in lieu of imposing the fine authorized in this section, in accordance with Penal Law §80.05(5),the court may sentence the defendant(s) to pay an amount, fixed by the court, not exceeding double the amount of the rent collected over the term of the occupancy. 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. ✓Vote Record-Resolution RES-2015-661 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter C1 0 0 0 ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Mover 0 ❑ 0 0 ID Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ o Town Clerk's Appt Louisa P Evans Seconder El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter RI 0 0 ❑ ❑ No Action ❑ Lost 2015-662 Southold Town Board Regular Meeting page 45 July 14, 2015 CATEGORY: Legislation DEPARTMENT: Town Attorney LL/Transient Rental Properties 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 280, Zoning, in connection with Transient Rental Properties,"to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. ✓Vote Record-Resolution RES-2015-662 ll Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent O Tabled Robert Ghosio Seconder 0 ❑ Withdrawn ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter El 0 ❑ 0 ❑ Tax Receiver's Appt William P Ruland Voter El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter El ❑ ❑ 0 ❑ Town Clerk's Appt Louisa P Evans Mover El 0 0 0 0 Supt Hgwys Appt Scott A Russell Mover El ❑ 0 0 El No Action ❑ Lost 2015-663 CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation Calabrese Elect to Purchase Dev Rights-SEQRA 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 John & Joanne Calabrese on the 14th day of July, 2015, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-97.-1-12.8. The address is 34615 Main Road (NYS Rt 25) in Cutchogue. The property is located in the A-C zoning district and is situated on the northerly side of Main Road (NYS Route 25) approximately 1550 feet westerly from the intersection of Main Road (NYS Rt 25) and Bridge Lane in Cutchogue,New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 16.61 acres (subject to survey) of the 19± total parcel acreage. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owners; and Southold Town Board Regular Meeting page 46 July 14, 2015 WHEREAS, the easement will be acquired using Community Preservation Funds. This project is eligible for partial funding from an awarded grant from the New York State Department of Agriculture and Markets. The purchase price is $64,000 (sixty-four thousand dollars) per buildable acre for the 16.6± acre easement plus acquisition costs; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; 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) 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 agricultural land owned by John & Joanne Calabrese, identified as part of SCTM #1000-97.-1-12.8. 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-2015-663 El Adopted _ Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated Robert Ghosio Mover El ❑ ❑ ❑ 0 Tabled James Dinizio Jr Voter 0 0 0 ❑ Southold Town Board Regular Meeting page 47 July 14, 2015 ❑ Withdrawn William P Ruland Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter El 0 ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconder 0 0 0 0 O Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt - - - ❑ No Action ❑ Lost Comment regarding resolution 664 SUPERVISOR RUSSELL: Before we go to the public hearing, I have to add a resolution. I just got a request, literally, an hour ago from the Orient Yacht Club. They have an annual regatta. They typically use the Gull Pond boat ramp to launch their vessels that they use for safety,that they use on standby, it's typically only three or four boats. They are asking for a waiver of the town permit requirement. 2015-664 CATEGORY: Property Usage DEPARTMENT: Town Clerk Orient Yacht Club Waive Parking Permit Regulations RESOLVED the Town Board of the Town of Southold hereby waives the parking permit requirement for Orient Yacht Club and grants permission to utilize the boat launching ramp at Gull Pond, Greenport,New York to launch safety boats for the Orient Yacht Club Regatta on Saturday July 18, 2015. V Vote Record-Resolution RES-2015-664 O Adopted O Adopted as Amended ❑ Defeated —•- _ Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Voter El 0 0 0 ❑ Rescinded Jill Doherty Voter El ❑ ❑ ❑ 0 Town Clerk's Appt Louisa P Evans Seconder 0 0 0 0 ❑ Supt Hgwys Appt Scott A Russell Mover 0 ❑ ❑ ❑ ❑ No Action O Lost Southold Town Board Regular Meeting page 48 July 14, 2015 Supervisor Russell Supervisor Russell: Before we go to public hearing, can I introduce the Scoutmaster? If you would like to introduce yourself and the young men that are with you? Well, we have a public hearing, you are welcome to stay and we will do it at the end but I didn't want to lose you. That's up to you. Aileen Mazzei, Scout Master of Boy Scout Troop 6 AILEEN MAZZEI: My name is Aileen Mazzei, I am the Scoutmaster of Troop 6. My scouts are here tonight because they are working on an Eagle required merit badge called Citizenship in the Community and one of the requirements is that they should come to a town meeting, either a Board of Education meeting or a community meeting. So we decided to come tonight and go through this. They have to write up something, so I wanted to come with them to make sure they do it. This is Jacob (inaudible), John Michael Judge, Tyler Woodhull, Joshua Jenkins and Justin and Nick Eckhardt. COUNCILMAN GHOSIO: Thank you for coming. SUPERVISOR RUSSELL: Do you have any questions? MS. MAZZEI: We were just trying to follow along,the pros and the cons and the arguments. SUPERVISOR RUSSELL: I thought the one question they would ask us, how do you stand this every two weeks? Alright, thanks for coming here tonight. COUNCILWOMAN DOHERTY: Thanks, boys. 41. Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 8:29 PM in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell VI. Public Hearings 1. P.H. Calabrese Dev Rights Purchase 7/14/2015 @ 7:32 Pm COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, July 14, 2015, at 7:32 p.m., 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 John & Joanne Calabrese. Said property is identified as SCTM #1000- 97.-1-12.8. The address is 34615 Main Road (NYS Rt 25) in Cutchogue. The property is located in the A-C zoning district and is situated on the northerly side of Main Road (NYS Rt 25) Southold Town Board Regular Meeting page 49 July 14, 2015 approximately 1550 feet westerly from the intersection of Main Road (NYS Rt 25) and Bridge Lane in Cutchogue, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 16.6± acres (subject to survey) of the 19± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owners. The easement will be acquired using Community Preservation Funds. This project may be eligible for partial funding from an awarded grant from the New York State Department of Agriculture and Markets. The purchase price is $64,000 (sixty-four thousand dollars) per buildable acre for the 16.6± acre easement plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. 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. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Councilman Robert Ghosio, Jr. Tonight is that hearing and I do have in front of me a letter from the Planning Board office, Principal Planner Mark Terry who is also the LWRP coordinator. 'This action has been reviewed to Chapter 268, the Waterfront Consistency Review of the Town of Southold Town Code and is consistent with the policy standards. It is therefore consistent with the LWRP.' I have here a sworn affidavit that this notice was affixed in the public place in the Town Clerk's office and on the bulletin board. And I also have a letter here stating that this was noticed and advertised in the newspaper,the Suffolk Times. And that is all I have. Supervisor Russell SUPERVISOR RUSSELL: Would anyone like to comment on this particular public hearing? Melissa? Melissa Spiro Land Preservation Coordinator MELISSA SPIRO: Melissa Spiro, Land Preservation Coordinator. The property we are talking about is outlined in red on the map in front. There has been significant farmland preservation in this area as can be seen on the map. Every property that is labeled with white is either town or county farmland, preserved through the town and county farmland programs for agriculture. The Calabrese farm was considered a very high priority for preservation due to its location within this already existing large block of preserved farms. With the exception of a small pond area on the property, the soils are all prime agricultural soils which are good for agriculture. When the State's request for proposals for the last round of funding, the first round of funding in the last Southold Town Board Regular Meeting page 50 July 14, 2015 five years was announced, this project was considered a good potential candidate. It was one of, I believe, 17 or 18 projects within the State of New York that received funding from the New York State Ag and Markets. The State has a cap of $29,000 an acre, so the State's award amounts to the State contributing $29,000 an acre and the Town contributing the rest for the negotiated purchase price. The landowners house, which is also existing on the farm, will be excluded from the easement area. That is shown with the white dotted line. And there is a small area by Main Road which is also being excluded. The area by Main Road was excluded to avoid potential conflict because the adjacent retail winery owns both properties on both sides and uses that for events and retail uses. The Town is using Community Preservation funds for the acquisition. As I noted, with the partial reimbursement from the State. We thank the landowners for giving us the opportunity to preserve the farm and certainly for their patience while we have been working with the State and we'll continue to work with the State to make sure the project is eligible for the funding. Both the Committee and I support the Town Board proceeding with this acquisition and we thank you. Supervisor Russell SUPERVISOR RUSSELL: Thank you. Would anybody else like to comment on this particular acquisition? (No response). Closing Statements Supervisor Russell SUPERVISOR RUSSELL: That completes the agenda. I am going to invite anybody that would like to address the Town Board on any issue to please feel free. Peter? Peter Terranova, Peconic PETER TERRANOVA: Peter Terranova, Peconic. A couple of weeks ago, I read in the paper that Moody's upgraded Southold's credit rating. I wish to congratulate Supervisor Russell and the entire Town Board here, as well as prior Town Board members who contributed to making that happen. I don't think a lot of folks realize but a credit rating for a municipality or a town is like an individual's FICO score. And it really pays dividends down the road in decreasing your financing costs on any debt that we unfortunately have to incur. And looking out into the future as interest rates normalize, which they eventually will, it is going to pay a lot of dividends to the town in terms of savings. So I wish to take this opportunity to congratulate the Town. Sometimes these sorts of events go unnoticed and not appreciated so I just wanted to let you know that I noticed it. And I appreciate it. SUPERVISOR RUSSELL: Thank you very much. MR. TERRANOVA: Keep up the good work in that regard. The second item had to do with something that also occurred a couple of weeks ago. I believe New York State, the legislature, passed the ability to extend the Community Preservation Fund and also gave the towns that involved in it the opportunity to not only extend the Community Preservation Fund but also to designate a portion of that for other projects other than preserving a farmland. Is this going to be an item that is going to be part of a resolution or a referendum come November? Southold Town Board Regular Meeting page 51 July 14, 2015 SUPERVISOR RUSSELL: It would be offered as a referendum on the ballot in November, subject to the will of the public. MR. TERRANOVA: Okay. So is there going to be opportunity to discuss at meetings and whatever, prior to.... SUPERVISOR RUSSELL: Yes, I am not sure the mechanics of the deadlines but I have to assume that probably in the very near future we'll have it on the agenda to discuss. And then the Board is going to have to vote to offer it on the ballot. MR. TERRANOVA: Okay. Because I am like you, Scott, I appreciated your comments that you made to the press and that is that without specific guidelines as to how that money is going to be used, it causes a lot of trepidation, especially what has happened in East Hampton in the past, okay, the misuse of funds. Personally, I would more than perhaps something that was outside of the Community Preservation Fund and leave that as, because I don't want the politics of always spending the money one place and not whatever. So, anyway, there will be an opportunity to discuss that in more greater detail in the future. SUPERVISOR RUSSELL: The thing is, my concerns here was they outlined six or seven broad topics that you can spend the money on and we all know it's a worthy cause, reducing nitrogen loading. The problem is that when we originally passed the CPF, there were some concerns, lack of understanding of what the money should be used for and what it shouldn't be used for. Ultimately, we had to create an east end board of people to issue these, we were going to Assemblyman Thiele and asking for basically opinions of counsel, basically can we spend it on this, can't we? What they did was they created an east end board that now reviews those questions, so a lot of that hadn't really been answered, it's just starting to be answered now after so many years. My concern there is I just don't think its good policy to raise money before you designate what you are going to spend it on, specifically. MR. TERRANOVA: Well, I can't disagree with that. In fact, I agree with that wholeheartedly. And of course, I keep my eye on what goes on relative to the Suffolk County legislature and how they have chosen to raid the quarter percent sales tax for other purposes and how these people get away with outright fraud and not be indicted for it is beyond me. Because if I tried to do something like that or you tried to do something, you know, if the average person tried to do what they do, they would be in jail. So as far as I am concerned, okay, advocating more money for something that is already supposedly being funded by a quarter percent sales tax and by the way, from what I understand, they can continue to raid that fund up until a certain date and they haven't replenished the $30 million they already took. I mean, it's outrageous and it just, it's just beyond me how the public doesn't rise up and you know, really make a big stink about it. Anyway. SUPERVISOR RUSSELL: Yes, the quarter percent sales tax was very much on my mind when I raised my concerns. MR. TERRANOVA: Okay, thank you. Southold Town Board Regular Meeting page 52 July 14, 2015 SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board on any issue? Robert? Robert Dunn, Peconic ROBERT DUNN: Robert Dunn, Peconic. A good thing, about two months ago I lost my wallet. I left it on the running board of the truck. I drove from Hess in Riverhead to Laurel where I was bringing the truck back. A gentleman from Mattituck found the wallet and because it only had my PO Box, he couldn't return it but he brought it to the Southold Police Department. This is what I wanted to bring to your attention. It had to go through three or four people there and as previously had been my habit, I kept in one of the folds, a bunch of$100 bills. And they all got back to me and I am sure it went from, it went from the gentleman who I have talked to, through the police department and they took the time to find me and I just think you all should know. SUPERVISOR RUSSELL: Very nice. MR. DUNN: That's kind of a good thing. The second thing I wanted to ask you about, this weekend at the Mattituck thing on Love Lane, on some of the tables were these cards which I think somebody had just kind of gone and flipped it, scenic bike tours. Are they included in this legislation tonight? SUPERVISOR RUSSELL: I don't know which company that is. We do have a brick and mortar operation that offers bike tours up and down the north fork. It's not a general assembly permit, so they don't need to, it's not a transient business, so they are permitted under the current code. MR. DUNN: Do they pay a fee or franchise? SUPERVISOR RUSSELL: No. MR. DUNN: A la carte tour, $158. SUPERVISOR RUSSELL: Right. MR. DUNN: Aren't these public roads? SUPERVISOR RUSSELL: Yes. MR. DUNN: I will be honest, the very next day, I saw a group of people. I don't know if it was this one but a group of people and obviously it's door to door and they were perfect. They were all off on the side of the road, they had a safety guy in front, a safety guy in the back but it just seems to me that, I mean if he has got one price, $239 and another price of$158. If a person is making that kind of money on Southold roads, should they not be paying some kind of franchise fee to Southold? Southold Town Board Regular Meeting page 53 July 14, 2015 SUPERVISOR RUSSELL: Well, I am not sure we have the legal ability to do that but certainly we will look into it. You know, we had some concerns over that and what happened was he went out and secured a site to operate a business out of and it was no longer transient. MR. DUNN: It's one thing if somebody rents a bicycle and those people go and take the bikes wherever they want but let's be realistic about this, if somebody gets hurt on one of these, they are probably city people, they are going to use a city lawyer and the first thing he is going to do is look for the people with the deepest pockets to sue. So if somebody hits a pothole or just slides on a wet road... SUPERVISOR RUSSELL: You are right. We will have to look into this. Your point is well taken. MR. DUNN: Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on any issue? Councilman Ruland COUNCILMAN RULAND: I wouldn't like to address the Town Board but I would like to address the Scouts. Just on some very quick personal thoughts. So like 55 years ago, I was in troop 39 and I probably went somewhere and sat in a chair just like you young men are and wondering why I had to go and what it was, if anything, learn but I think going back to the comment the Supervisor had made to you about the question that wasn't asked, you know, why do you do something as boring as what we do and I think that we as adults in our community have an obligation to our children to educate them. The term education today is very broad, it's not just going to school and learning from a book. It's going out in the world that we live in and learning from what we see and learning by interaction with other people, both listening, and talking with and learning. Because the end result which may be hard to believe for someone your age is that someday, in the future, one or more of you might be sitting here. That's my short comment. Supervisor Russell SUPERVISOR RUSSELL: Anybody else? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:46 P.M. ; / Gad& Eli •.eth A. Neville Southold Town Clerk Southold Town Board Regular Meeting page 54 July 14, 2015 RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell