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HomeMy WebLinkAboutTB-06/30/2015 { ELIZABETH A.NEVILLE c= Town Hall, 53095 Main Road TOWN CLERK �o� PO Box 1179 Southold,NY 11971 REGISTRAR OF VITAL STATISTICS :o " ' Fax(631)765-6145 MARRIAGE OFFICER :y�io!,I �a�� Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER - -.. southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING June 30, 2015 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, June 30, 2015 at the Meeting Hall, Southold,NY. Call to Order 4:30 PM Meeting called to order on June 30, 2015 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived Robert Ghosio Town of Southold Councilman Present James Dinizio Jr Town of Southold Councilman Present William P. Ruland Town of Southold Councilman Present Jill Doherty Town of Southold Councilwoman Present Louisa P. Evans Town of Southold Justice Present Scott A. Russell Town of Southold Supervisor Present Elizabeth A.Neville Town of Southold Town Clerk Present William M Duffy Town of Southold Town Attorney Present I. Reports 1. Recreation Department Monthly Report 2. Dept of Public Works Monthly Report 3. Solid Waste District Monthly Report 4. Planning Board Monthly Report II. Public Notices 1. NYS Liquor License Southold Town Board Regular Meeting page 2 June 30, 2015 III. Communications IV. Discussion 1. 9:00 AM-Heather Lanza and Mark Terry 2. 9:15 AM -Justice Evans 3. 9:30 AM-Justice Evans 4. 10:00 AM- Melissa Spiro 5. Special Event 6. LL/Amendments to Ch 197 in Connection with Peddlers 7. Amendment to Town Policy 8. Short Term Rentals 9. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 10:24AM for the purpose of discussing the following matters: Property Acquisition- Publicity of which would substantially affect the value thereof Labor-Matters involving employment of Particular Person(s) 11:00 AM John Cushman Department Head Evaluations Litigation—Jonathan Perry et al m v. Board of Trustees of the Town of Southold et al Greenport Group, LLC, et al. v. Town of Southold RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 10. EXECUTIVE SESSION -Proposed Acquisition 11. Executive Session - Labor 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 2:20 PM. Southold Town Board Regular Meeting page 3 June 30, 2015 RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman 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 at 2:20 PM until the Regular 4:30 PM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 15. Pledge to the Flag 1. Motion To: Reconvenes 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby reconvenes the 9:00 AM meeting of the Southold Town Board at this 4:30PM Regular Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Scott A. Russell, Supervisor SECONDER:Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Moment of Silence Joan Sinramm Opening Comments Supervisor Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance. Thank you. Legislator Albert Krupski LEGISLATOR ALBERT KRUPSKI: Thank you. They had this award in Brentwood and it was a day that I was in Committee meetings in Hauppauge and I couldn't make the ceremony and I am sure it was very nice. So I called Supervisor Russell and I asked him if it was okay that we come and present it to you in Southold. Congratulations for all your hard work, I thought it was your brother at first. But keep up the good work. On behalf of the 85,000 residents in the 1St Legislative district,thank you for your service. Supervisor Russell SUPERVISOR RUSSELL: First I want to say congratulations. You must be very proud of your grandson. From the entire Town Board, Officer Flatley, I generally don't read proclamations but I just want to read a couple of things so people understand how important this is. "Each year the Southold Town Board Regular Meeting page 4 June 30, 2015 Suffolk County STOP-DWI program honors an officer from each department in Suffolk County with the highest number of arrests for driving while intoxicated and Officer Flatley had 19 arrests for 2014". I want to congratulate him and thank you for keeping the roads safe on behalf of Southold Town, this is presented to you on behalf of the entire Town Board. Congratulations. LEGISLATOR KRUPSKI: Congratulations, well done. SUPERVISOR RUSSELL: At this point, if anyone would like to address the Town Board on any of the agenda items,please feel free. (No response) Special Presentation "Top Cop" Award -Rory Flatley V. Resolutions 2015-584 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated June 30,2015. I Vote Record-Resolution RES-2015-584 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Seconder El 0 0 ❑ ❑ Supervisor's Appt James Dinizio Jr Voter ll 0 0 0 ❑ Tax Receiver's Appt William P Ruland Voter ll 0 0 0 ❑ Rescinded Jill Doherty Voter ll ❑ 0 0 ❑ Town Clerk's Appt Louisa P Evans Mover ll 0 0 0 ❑ Supt Hgwys Appt Scott A Russell Voter El 0 0 0 ❑ No Action ❑ Lost 2015-585 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Town Board Meeting Southold Town Board Regular Meeting page 5 June 30, 2015 RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday,July 14, 2015 at the Southold Town Hall, Southold,New York at 7:30 P. M. ✓Vote Record-Resolution RES-2015-585 ll Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Seconder El 0 0 ❑ o Supervisor's Appt James Dinizio Jr Voter El 0 ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter El 0 ❑ ❑ ❑ Rescmded Jill Doherty Voter El 0 0 0 0 Town Clerk's Appt Louisa P Evans Mover El ❑ 0 0 ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-586 CATEGORY: Employment-Town DEPARTMENT: Accounting Appoint Andrew Mazzio PT Court Officer RESOLVED that the Town Board of the Town of Southold hereby appoints Andrew Mazzio to the position of Part Time Court Officer for the Justice Court effective July 6, 2015 at a rate of$29.80 per hour, not to exceed 17.5 hours per week. I Vote Record-Resolution RES-2015-586 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn Robert Ghosio Voter El 0 ❑ ❑ o Supervisor's Appt James Dinizio Jr Mover El 0 — 0 ❑ ❑ Tax Receiver's Appt William P Ruland Voter E1 0 ❑ 0 ❑ Rescmded 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 El 0 ❑ 0 ❑ No Action ❑ Lost Comments regarding resolution 566 Southold Town Board Regular Meeting page 6 June 30, 2015 COUNCILWOMAN DOHERTY: I will resolve that I deny the proposal, is that the correct wording? SUPERVISOR RUSSELL: Just move the resolution and we will have a roll call. COUNCILMAN DINIZIO: Table the resolution. COUNCILWOMAN DOHERTY: So we are going to vote on it. JUSTICE EVANS: Go to page 8, at the very end. SUPERVISOR RUSSELL: Is that going to get it off the agenda once and for all? JUSTICE EVANS: Will that get it off the agenda,by tabling it? TOWN ATTORNEY DUFFY: If you want to strike that and vote on it as amended and if you vote it down or up, vote it down would get it off permanently. If you want to strike that language.... SUPERVISOR RUSSELL: I would strike it and vote it down. TOWN ATTORNEY DUFFY: Vote on it as amended. SUPERVISOR RUSSELL: Okay. JUSTICE EVANS: I make a motion that we vote on the law as amended, because we took out the tabling. COUNCILMAN GHOSIO: I just want to get some clarity here, this is the proposal for the law for transient rental that we are planning on denying at this point, going back to code committee, re-discussing it and having another public hearing.... JUSTICE EVANS: Having another public hearing on this. COUNCILMAN GHOSIO: So we are going to send it back and we will start again. Okay? COUNCILWOMAN DOHERTY: And we will notice it for public hearing when we have another version of it. COUNCILMAN GHOSIO: So the vote was to deny it. COUNCILMAN DINIZIO: I say yes, this law, I just want to explain. This law is the one we have been discussing for the past six months or more. It contains language in here that would allow us to move forward with enforcing the code as it already exists. Dwelling units are offered Southold Town Board Regular Meeting page 7 June 30, 2015 for lease at a minimum of seven or less nights and I think that this would have been a good start, so I am going to vote yes for this. COUNCILWOMAN DOHERTY: At this point I am not willing to vote on it because I feel we need to get code enforcement in place before we enact any more regulations, so I vote no. SUPERVISOR RUSSELL: I am casting a no vote, I think the Town Board can do better and I think we can create legislation that will better address the problem. 2015-566 Tabled 6/16/2015 7:30 PM CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL/Transient Rentals WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 21st day of April, 2015, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties.", and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties" reads as follows: LOCAL LAW NO. 2015 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. 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, often for only a weekend. The Town Board finds that such transient rentals threaten the residential character and quality of life of neighborhoods in which they occur. Therefore, the Town Board in order to protect the health, safety and welfare of the community requires the regulation of these transient rental properties. Southold Town Board Regular Meeting page 8 June 30, 2015 II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. TRANSIENT RENTAL PROPERTY A dwelling unit which is occupied for habitation as a residence by persons, other than the owner or a family member of the owner, and for which rent is received by the owner, directly or indirectly, in exchange for such residential occupation for a period of less than seven (7) nights. For the purposes of this Chapter, the term Transient Rental Property shall mean all non-owner occupied, one-family dwellings and two-family dwellings rented for a period of less than seven (7 ) nights and shall not include: 1. A dwelling unit lawfully and validly permitted as an accessory apartment in accordance with §280-13(A)(6) and §280-13(B)(13) of the Code of the Town of Southold; or 2. Properties used exclusively for non-residential commercial purposes in any zoning district; or 3. Any legally operating commercial hotel/motel business or bed and breakfast establishment operating exclusively and catering to transient clientele; that is, customers who customarily reside at these establishments for short durations for the purpose of vacationing,travel, business,recreational activities, conventions, emergencies and other activities that are customary to a commercial hotel/motel business. 4. A dwelling unit located on Fishers Island, due to the unique characteristics of the Island, including the lack of formal lodging for visitors. The presence of the following shall create a presumption that a dwelling unit is being used as a transient rental property: 1. The dwelling unit is offered for lease on a short-term rental website, including Airbnb, Home Away, VRBO and the like; or 2. The dwelling unit is offered for lease in any medium for a period of less than seven(7) nights. 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 Southold Town Board Regular Meeting page 9 June 30, 2015 permanent damage to the soil and streams or to adversely affect the surrounding area or by reason of the creation of noise, vibration, electromagnetic or other disturbance or by reason of illumination by artificial light or light reflection beyond the limits of the lot on or from which such light or light reflection emanates; or which involves any dangerous fire, explosive,radioactive or other hazard; or which causes injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants; and any other process or use which is unwholesome and noisome and may be dangerous or prejudicial to health, safety or general welfare, except where such activity is licensed or regulated by other governmental agencies. B. Artificial lighting facilities of any kind which create glare beyond lot lines. C. Uses involving primary production of the following products from raw materials: charcoal and fuel briquettes; chemicals; aniline dyes; carbide; caustic soda; cellulose; chlorine; carbon black and bone black; creosote; hydrogen and oxygen; industrial alcohol; nitrates of an explosive nature; potash; plastic materials and synthetic resins; pyroxylin; rayon yarn; hydrochloric, nitric,phosphoric,picric and sulfuric acids; coal, coke and tar products, including gas manufacturing; explosives; gelatin, glue and size (animal); linoleum and oil cloth; matches;paint, varnishes and turpentine; rubber (natural or synthetic); soaps, including fat rendering; starch. D. The following processes: (1) Nitrating of cotton or of other materials. (2) Milling or processing of flour. (3) Magnesium foundry. (4) Reduction, refining, smelting and alloying metal or metal ores. (5) Refining secondary aluminum. (6) Refining petroleum products, such as gasolines, kerosene, naphtha and lubricating oil. (7) Distillation of wood or bones. (8) Reduction and processing of wood pulp and fiber, including paper mill operations. E. Operations involving stockyards, slaughterhouses and slag piles. F. Storage of explosives. 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. Southold Town Board Regular Meeting page 10 June 30, 2015 I. Encumbrances to public roads. (1) No person shall intentionally discharge or cause to be discharged any water of any kind onto a public highway, roadway, right-of-way or sidewalk causing a public nuisance, hazardous condition, or resulting in flooding or pooling in or around the public area, including neighboring properties. (2) No person shall place or cause to be placed obstructions of any kind, except the lawful parking of registered vehicles, upon a public highway, roadway, right-of- way or sidewalk that unreasonably interferes with the public's use of the public highway, roadway, right-of-way or sidewalk. J. Transient Rental Properties. III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect sixty (60) days after its filing with the Secretary of State as provided by law. The Town Board hereby TABLES this resolution and sends this Local Law back to the Code Committee for further discussion and deliberation. ✓Vote Record-Resolution RES-2015-566 ❑ Adopted ❑ Adopted as Amended El Defeated --—_ -- - - . - Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ WithdrawnRobert Ghosio Voter Q 0 0 ❑ ❑ Supervisor's Appt James Dmizio Jr Voter ❑ ❑ 0 0 ❑ Tax Receiver's Appt William P Ruland Seconder © 0 0 0 ❑ Rescinded Jill Doherty Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover l 0 0 ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost Comments regarding resolution 578 COUNCILMAN RULAND: I believe, if I remember correctly, that this is the proposed legislation that we'are sending back to code committee. Is that correct? Southold Town Board Regular Meeting page 11 June 30, 2015 SUPERVISOR RUSSELL: Yes. This legislation speaks to the issue of land based aquaculture. The Town is anticipating two changes. One would be to increase the lot size requirement currently noticed at five acres to seven acres, which would be consistent with ag and markets law that requires land of at least seven acres or more that produces more than$10,000 in crop,they are listed as bona fide. We also are considering a setback from properties of 100 feet along roads and 200 feet along contiguous lots. We are going to send that back to the code committee for further consideration. 2015-578 Tabled 6/16/2015 7:30 PM CATEGORY: Property Usage DEPARTMENT: Town Attorney PH 7/14/15 @ 7:32 PMLL/Aquaculture Uses WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 16th day of June, 2015, a Local Law entitled "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses" now,therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 14th day of July, 2015 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses" reads as follows: LOCAL LAW NO. 2015 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. Aquaculture is one of the fastest growing industries in the world with already 50% of seafood consumed worldwide being produced through aquaculture. The Town of Southold has large areas suitable for the development of land based aquaculture. The purpose of this local law is to provide for the orderly development of land based aquaculture within the Town of Southold. II. Chapters 219 and 280 of the Code of the Town of Southold are hereby amended as follows: Southold Town Board Regular Meeting page 12 June 30, 2015 §219-4. Definitions. For the purpose of this Chapter, the terms used herein are defined as follows: Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). AQUACULTURE/MARICULTURE - The cultivation,planting, containment or harvesting of products that naturally are produced in the freshwater or marine environments, including finfish, shellfish, mollusks, crustaceans and seaweed., and the installation of cribs,racks and in-water structures for cultivating such products. , but excluding the construction of any building, any filling or dredging or the construction of any water-regulating structures. AQUACULTURE - The cultivation, planting, containment or harvesting of products that are naturally produced in freshwater or marine environments, including finfish, shellfish, mollusks, crustaceans and seaweed. LAND BASED AQUACULTURE -Any form of aquaculture that does not take place in a natural body of water or marine environment. MARICULTURE -Aquaculture that does take place in natural bodies of water and marine environments including the installation of cribs, racks and other in-water structures. §280-4. Definitions. B. Definitions and Usages. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). AQUACULTURE - The cultivation,planting, containment or harvesting of products that are naturally produced in freshwater or marine environments, including finfish, shellfish, mollusks, crustaceans and seaweed. LAND BASED AQUACULTURE -Any form of aquaculture that does not take place in a natural body of water or marine environment. MARICULTURE - Aquaculture that does take place in natural bodies of water and marine environments including the installation of cribs, racks and other in-water structures. §280-13. Use regulations. Southold Town Board Regular Meeting page 13 June 30, 2015 In the A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (7) In the A-C District only land based aquaculture operations including research and development which meet the following standards: (a) The land based aquaculture operations shall be on a parcel that is at least 5 acres. (b) The structures used for land based aquaculture operations shall be set back a minimum of 100 feet from any property line. (c) Any land based aquaculture operation shall take place in a fully enclosed structure. (d) Any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure where the land based aquaculture takes place for the direct marketing of its products. (e) Land based aquaculture operations shall be subject to site plan approval by the Planning Board. (f) Any land based aquaculture operation shall at all times maintain any and all permits, licenses and/or any other approvals required by Federal, State and County authorities. §280-58. Use regulations. In the LIO District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under subsection A(1) hereof, are subject to site plan approval by the Planning Board: (17) Land based aquaculture operations including research and development which meet the following standards: (a) Any land based aquaculture operation shall take place in a fully enclosed structure. (b) Any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. (c) Any land based aquaculture operation shall at all times maintain any and all permits, licenses and/or any other approvals required by Federal, State and County authorities. §280-62. Use regulations. Southold Town Board Regular Meeting page 14 June 30, 2015 In the LI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) and (2) hereof, are subject to site plan approval by the Planning Board: (16) Land based aquaculture operations including research and development which meet the following standards: (a)Any land based aquaculture operation shall take place in a fully enclosed structure. (b)Any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. (c)Any land based aquaculture operation shall at all times maintain any and all permits, licenses and/or any other approvals required by Federal, State and County authorities. III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2015-578 ❑ Adopted ❑ Adopted as Amended ❑ Defeated - Yes/Aye No/Nay Abstain Absent ❑ Tabled D Withdrawn Robert Ghosio Seconder CSI ❑ 0 ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Mover ll 0 0 0 ❑ Rescinded Jill Doherty Voter ll 0 ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter l l 0 ❑ ❑ o Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-579 Tabled 6/16/2015 7:30 PM Southold Town Board Regular Meeting page 15 June 30, 2015 CATEGORY: Legislation DEPARTMENT: Town Attorney LL Aquaculture Uses to SCPC&PB RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses"to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. ✓Vote Record-Resolution RES-2015-579 ❑ Adopted ❑ Adopted as Amended 0 Defeated — _______. ____ _ __ ___.._._.____ Yes/Aye No/Nay Abstain Absent ❑ Tabled _ Withdrawn Robert Ghosio Voter Il 0 ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter ' El 0 ❑ ❑ 0 Tax Receiver's Appt William P Ruland Voter ❑ ❑ ❑ ❑ Rescinded Jill Doherty Seconder El 0 ❑ 0 o Town Clerk's Appt Louisa P.Evans Mover El 0 l7 ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 21 0 0 ❑ ❑ No Action ❑ Lost 2015-587 CATEGORY: Employment-Town DEPARTMENT: Accounting Deferred Compensation Resolution to Amend and Restate the Model Plan for Employees of the Town of Southold WHEREAS, the New York State Deferred Compensation Board (the "Board'), pursuant to Section 5 of the New York State Finance Law ("Section 5") and the Regulations of the New York State Deferred Compensation Board (the "Regulations"), has promulgated the Plan Document of the Deferred Compensation Plan for Employees of the Town of Southold (the "Model Plan') and offers the Model Plan for adoption by local employers; and WHEREAS, the Town of Southold,pursuant to Section 5 and the Regulations, has adopted and currently administers the Model Plan known as the Deferred Compensation Plan for Employees of the Town of Southold; and WHEREAS, effective November 14, 2014 the Board amended the Model Plan to adopt a provision allowing participants the ability to take loans against ROTH account balances; and Southold Town Board Regular Meeting page 16 June 30, 2015 WHEREAS, the Board has offered for adoption the amended and restated Model Plan to each Model Plan sponsored by a local employer in accordance with the Regulations; and WHEREAS, the Deferred Compensation Committee has recommended to the Town Board that it is prudent and appropriate to amend the Deferred Compensation Plan for Employees of Town of Southold by adopting the amended Model Plan and Schedule A; now, therefore, be it RESOLVED, that the Town Board of the Town of Southold hereby amends the Deferred Compensation Plan for Employees of the Town of Southold by adopting the amended Model Plan effective November 14, 2014, including the optional provisions indicated in Schedule A. ✓Vote Record-Resolution RES-2015-587 El Adopted ❑ Adopted as Amended ❑ Defeated —_ -----___-- __ _. Yes/Aye No/Nay Abstain Absent ❑ Tabled - - ❑ Withdrawn Robert Ghosio Mover ll 0 0 0 ❑ Supervisor's Appt James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland , Voter El 0 0 0 ❑ Rescinded Jill Doherty Voter 1 0 0 0 0 o Town Clerk's Appt Louisa P Evans Seconder 0 0 ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El 0 0 ❑ ❑ No Action ❑ Lost r- 2015-588 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 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 North Fork Animal Welfare League 6/1/15 PO Box 297 Southold,NY 11971 Southold Town Board Regular Meeting page 17 June 30, 2015 Cutchogue-New Suffolk Historical Society 4/28/15 Event Cancelled Cutchogue Village Green Box 714 Cutchogue,NY 11935 New Suffolk Waterfront Fund, Inc. 5/1/15 PO Box 146 New Suffolk,NY 11956 Mattituck Presbyterian Church 2/9/15 PO Box 1411 Mattituck,NY 11952 American Diabetes Association 11/10/14 1701 North Beauregard Street Alexandria,VA 22331 North Fork Little League Inc 6/2/15 PO Box 1855 Southold,NY 11971 Mattituck-Laurel Library 5/7/15 PO Box 1437 Mattituck,NY 11952 Mattituck Lions Club 3/6/15 1125 Ole Jule Lane Mattituck,NY 11952 New Suffolk Waterfront Fund, Inc 5/28/15 PO Box 146 New Suffolk,NY 11956 ✓Vote Record-Resolution RES-2015-588 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Mover Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q 0 0 0 ❑ Rescinded Louisa P Evans Voter Q 0 0 0 O Town Clerk's Appt Scott A Russell Voter 21 0 ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action O Lost Southold Town Board Regular Meeting page 18 June 30, 2015 2015-589 CATEGORY: Budget Modification DEPARTMENT: Accounting Amend 2014 Highway Department Budget Financial Impact: Increase Brush& Weeds for clean-up week hours charged to General Repairs in error-error located during comparison of expenditures for 2014 to 2013. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 Highway Fund Part Town budget as follows: From: DB.5110.1.100.100 General Repairs, Regular Earnings $40,000 Total $40,000 To: DB.5140.1.100.100 Brush&Weeds/Misc., Regular Earnings $40,000 Total $40,000 ✓Vote Record-Resolution RES-2015-589 El Adopted ❑ Adopted as Amended ❑ Defeated _ _. _ _. Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter El 0 ❑ ❑ ❑ Supervisor's Appt James Dmizio Jr Voter El ❑ 0 ❑ 0 Tax Receiver's Appt William P Ruland Seconder El 0 0 0 o Rescinded Jill Doherty Mover El 0 ❑ ❑ o Town Clerk's Appt Louisa P Evans Voter Q ❑ ❑ ❑ o Supt Hgwys Appt Scott A Russell , Mover ; C ❑ 0 ❑ ❑ No Action ❑ Lost 2015-590 CATEGORY: Employment-Town DEPARTMENT: Accounting Resolution Designating Time Periods to Implement Resolution Designating Time Periods to Implement the Affordable Care Act's Look-Back Measurement Method and Determining Affordability Southold Town Board Regular Meeting page 19 June 30, 2015 Resolution Designating Time Periods to Implement the Affordable Care Act's Look-Back Measurement Method and Determining Affordability RESOLVED, that for the purpose of implementing the Affordable Care Act's look-back measurement method, the Town Board of the Town of Southold designates the following: a standard measurement period covering the period of November 1 through October 31; an administrative period covering the period of November 1 through December 31; and a stability period covering the period of January 1 through December 31. RESOLVED,that for the purpose of determining the full-time status of new variable hour and seasonal employees,the Town Board of the Town of Southold designates the following: an 11 month initial measurement period commencing on the employee's date of hire; a 2 month administrative period; and a 12 month stability period. RESOLVED,that for the purpose of determining whether,pursuant to the Affordable Care Act, the Town offered affordable health insurance coverage, the Town elects to determine affordability based upon Rate of Pay. ✓Vote Record-Resolution RES-2015-590 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled — -- ❑ Withdrawn Robert Ghosio Voter El 0 0 ❑ ❑ Supervisor's Appt James Dinizio Jr Voter ' El ❑ ❑ 0 ❑ Tax Receiver's Appt William P Ruland Mover Q 0 0 0 ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ 0 Town Clerk's Appt Louisa P Evans , Seconder 0 ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A.Russell Voter El 0 ❑ ❑ ❑ No Action ❑ Lost 2015-591 CATEGORY: Employment-Town DEPARTMENT:: Accounting Acknowledges Retirement Michael Volinski WHEREAS,the Town of Southold has received email notification on June 17, 2015 from the NYS Retirement System concerning the retirement of Michael Volinski effective June 30, 2015 now therefore be it Southold Town Board Regular Meeting page 20 June 30, 2015 RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Michael Volinski from the position of Highway Labor Crew Leader for the Highway Department effective June 30, 2015. ✓Vote Record-Resolution RES-2015-591 ll Adopted El Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Seconder ll ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter ll 0 0 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 Mover , D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter l7 0 0 0 ❑ No Action ❑ Lost 2015-592 CATEGORY: Property Acquisition Public Hearing DEPARTMENT: Land Preservation P.H. Calabrese Dev Rights Purchase 7/14/2015 @ 7:32 Pin 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) 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. Southold Town Board Regular Meeting page 21 June 30, 2015 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. ✓Vote Record-Resolution RES-2015-592 El Adopted ❑ Adopted as Amended 0 Defeated " Yes/Aye No/Nay Abstain Absent El Tabled _ Robert Ghosio Mover El 0 ❑ 0 ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter El 0 0 ❑ ❑ Tax Receiver's Appt William P Ruland Voter El 0 ❑ 0 ❑ Rescmded Jill Doherty Voter El 0 0 0 ❑ Town Clerk's Appt Louisa P Evans Seconder El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q 0 0 0 O No Action ❑ Lost 2015-593 CATEGORY: Policies DEPARTMENT: Fishers Island Ferry District FIFD Credit Card Policy 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 8, 2015, which enacted a Credit Card policy. ✓Vote Record-Resolution RES-2015-593 El Adopted ❑ Adopted as Amended ❑ Defeated - -- Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter El 0 ❑ ❑ El Supervisor's Appt James Dinizio Jr Mover El 0 0 ❑ ❑ Tax Receiver's Appt William P Ruland Seconder El 0 0 ❑ ❑ Rescmded Jill Doherty Voter , 0 El 0 ❑ ❑ Town Clerk's Appt Louisa P Evans Voter El I 0 ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ 0 ❑ ❑ No Action O Lost Southold Town Board Regular Meeting page 22 June 30, 2015 2015-594 CATEGORY: Public Service DEPARTMENT: Town Clerk Appoint Temporary Marriage Officer RESOLVED the Town Board of the Town of Southold hereby appoints Elizabeth Wood as a Temporary Marriage Officer for the Town of Southold, on Friday, July 3, 2015 only, to serve at no compensation. ✓Vote Record-Resolution RES-2015-594 El Adopted ❑ Adopted as Amended ❑ Defeated - _- Yes/Aye No/Nay Abstain Absent ❑ Tabled o Withdrawn Robert Ghosio Voter 0 0 ❑ ❑ ❑ Supervisor's Appt James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Seconder El ❑ 0 0 0 Rescinded Jill Doherty Mover 0 0 0 0 ❑ Town Clerk's Appt Louisa P Evans Voter 2 0 0 0 ❑ Supt Hgwys Appt Scott A Russell Voter Q 0 0 0 ❑ No Action ❑ Lost 2015-595 CATEGORY: Employment-Town DEPARTMENT: Accounting Appointment to Highway Heavy Equipment Operators RESOLVED that the Town Board of the Town of Southold hereby appoints the following individuals to the position of Heavy Equipment Operator for the Southold Town Highway Department, effective July 9, 2015: David Doroski $30.4339 hourly Jayme Bednoski $30.4339 hourly Donald Sayre $30.4339 hourly ✓Vote Record-Resolution RES-2015-595 2 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter 21 ❑ 0 - 0 ❑ Defeated James Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Mover 2 0 El 0 Southold Town Board Regular Meeting page 23 June 30, 2015 ❑ Withdrawn Jill Doherty Voter El ❑ 0 0 0 Supervisor's Appt Louisa P Evans Seconder El ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter El 0 0 0 ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-596 CATEGORY: Employment-FIFD DEPARTMENT: Accounting Increase Salary of Carlton Wilcox RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted June 22, 2015 that increases the salary of Carlton Wilcox, full time Cashier, effective July 1, 2015. ✓Vote Record-Resolution RES-2015-596 El Adopted ❑ Adopted as Amended ❑ Defeated " " Yes/Aye No/Nay Abstain Absent ❑ Tabled _ __ _ _ ._ ._ ❑ Withdrawn Robert Ghosio Seconder El 0 0 0 ❑ Supervisor's Appt James Dinizio Jr Voter El ' 0 ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Voter E l LI LI ❑ ❑ Rescinded Jill Doherty Mover Q El ❑ ❑ El Town Clerk's Appt Louisa P Evans Voter Q LI LI 0 ❑ Supt Hgwys Appt Scott A Russell Voter El 1 0 0 0 ❑ No Action ❑ Lost 2015-597 CATEGORY: Employment-FIFD DEPARTMENT: Accounting Appoint William Wendland Full-Time Deckhand RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted June 22, 2015 that appoints William Southold Town Board Regular Meeting page 24 June 30, 2015 Wendland to the position of full-time Deckhand at a rate of$14.35 per hour effective April 16, 2015. ✓Vote Record-Resolution RES-2015-597 Cl Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Mover 21 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ 0 ❑ ❑ Tax Receiver's Appt William P Ruland Voter El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Seconder 0 0 0 0 ❑ Town Clerk's Appt Louisa P Evans Voter Q ❑ El 0 ❑ Supt Hgwys Appt Scott A Russell Voter El 0 ❑ 0 ❑ No Action ❑ Lost 2015-598 CATEGORY: Refund DEPARTMENT: Town Clerk Refund of Excavation Permit RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund in the amount of$170.00 to National Grid 175 E Old Country Road Hicksville,NY 11801 for an Excavation Permit issued for Maiden Street, which is a private road in Mattituck,NY. National Grid is not required to file with the Town of Southold for work done on private roads. ✓Vote Record-Resolution RES-2015-598 El Adopted ❑ Adopted as Amended E l Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter El ❑ 0 ❑ ❑ Supervisor's Appt James Dinizio Jr Mover El ❑ 0 ❑ El Tax Receiver's Appt William P Ruland Seconder El 0 ❑ 0 ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 2 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ E l No Action ❑ Lost 2015-599 Southold Town Board Regular Meeting page 25 June 30, 2015 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Police Department-Travel Request RESOLVED that the Town Board of the Town of Southold hereby grants permission to Chief Martin Flatley to attend the 2015 International Association of Chiefs of Police Conference in Chicago,IL from October 25-28, 2015. All expenses for registration,travel to be a legal charge to the 2015 budget A.3120.4.600.225 (Meetings and Seminars) and A.3120.4.600.300 (Travel Reimbursement). ✓Vote Record-Resolution RES-2015-599 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled — - _ __—_-- —- Robert Ghosio Voter El 0 ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dimzio Jr Voter ll ❑ 0 ❑ ❑ Tax Receiver's Appt William P Ruland Seconder E 0 0 0 ❑ Rescmded Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt - Louisa P.Evans Voter E 0 0 0 ❑ Supt Hgwys Appt Scott A.Russell Voter RI ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-600 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$40.00 to Elias C. Lignos, 58 Weybridge Road, Mineola,NY 11501 for a duplicate purchase of a Town Guest/Lessee Beach sticker. ✓Vote Record-Resolution RES-2015-600 RI Adopted ❑ Adopted as Amended , Yes/Aye No/Nay Abstain Absent ❑ Defeated - Robert Ghosio Voter El 0 ❑ ❑ ❑ Tabled James Dinizio Jr Voter 21 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P.Ruland Mover El ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter El ❑ ❑ ❑ Rescmded Louisa P Evans Seconder 0 I=1 ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter El ❑ ❑ 0 ❑ Supt Hgwys Appt ❑ No Action Southold Town Board Regular Meeting page 26 June 30, 2015 ❑ Lost 2015-601 CATEGORY: Attend Seminar DEPARTMENT: Town Attorney ATA Kiely to Attend Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Assistant Town Attorney, Stephen F. Kiely, to attend the seminar entitled"2015 Planning and Zoning Summer Schools" at the Touro Law Center in Central Islip,New York, on July 23, 2015. All expenses for registration and travel are to be a charge to the 2015 Town Attorney budget. I Vote Record-Resolution RES-2015-601 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - - ❑ Withdrawn Robert Ghosio Seconder ll 0 ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter ll 0 ❑ ❑ ❑ Rescinded Jill Doherty Voter l l ❑ ❑ ❑ o Town Clerk's Appt Louisa P Evans Mover ll ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-602 CATEGORY: Contracts,Lease&Agreements DEPARTMENT: Town Attorney MOA W/CSEA -Dept. of Labor Summer Works Program RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Memorandum of Agreement between the Town of Southold and the CSEA dated June 24, 2015, concerning utilization of the Suffolk County Department of Labor Summer Works Program. ✓Vote Record-Resolution RES-2015-602 El Adopted -- -- — - ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated Robert Ghosio Mover El ❑ ❑ ❑ Southold Town Board Regular Meeting page 27 June 30, 2015 ❑ Tabled James Dmizio Jr Voter El 0 0 ❑ O Withdrawn William P Ruland Voter El ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter El ❑ ❑ O Tax Receiver's Appt Louisa P Evans Seconder ll 0 0 ❑ O Rescinded Scott A Russell Voter RI 0 0 ❑ O Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-603 CATEGORY: Bond DEPARTMENT: Town Clerk DSW Revised Bond Resolution After Hearing RESOLUTION AND ORDER AFTER PUBLIC HEARING WHEREAS, on May 5, 2015, the Town Board of the Town of Southold (herein called the "Town"), in the County of Suffolk, New York, on behalf of the Southold Solid Waste Management District, in the Town (herein called the "District") adopted an Order describing in general terms a proposed increase and improvement of facilities, consisting of the acquisition of a front end wheel loader and a self-propelled windrow turner at the aggregate estimated maximum cost of$850,000, pursuant to Section 202-b of the Town Law, and said Order stated that the Town Board would meet to hear all persons interested in said increase and improvement of facilities on June 2, 2015 at 4:30 o'clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, Southold,New York; and WHEREAS, a Notice of such public hearing was duly published and posted pursuant to the provisions of Article 12 of the Town Law; and WHEREAS, such public hearing was duly held by the Town Board on June 2, 2015 at 4:30 o'clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, Southold, New York, with considerable discussion on the matter having been had and all persons desiring to be heard having been heard, including those in favor of and those in opposition to said increase and improvement of such facilities; and WHEREAS, upon information given at said public hearing on June 2, 2015 the Town Board has determined that it is not in the best interests of the District to acquire a front end wheel loader at this time; however, the Town Board has determined it is in the best interests of the District to acquire a self-propelled windrow turner at the estimated maximum cost of $510,000,pursuant to Section 202-b of the Town Law; and WHEREAS, grant funds are expected to be received by the Town from the State Southold Town Board Regular Meeting page 28 June 30, 2015 of New York and may also be received from other sources in connection with the project described herein, and any such grant funds are authorized to be applied toward the cost of said project or redemption of the Town's bonds or notes issued to finance the project, or to be budgeted as an offset to the taxes to be collected for the payment of the principal of and interest on said bonds or notes; and WHEREAS, the Town Board, as lead agency, has given due consideration to the impact that the project may have upon the environment and, on the basis of such consideration, the Town Board, acting as Lead Agency pursuant to the New York State Environmental Quality Review Act ("SEQRA") has found and determined that the project is a Type II Action and no further environmental review is required; Now,therefore, on the basis of the information given at such hearing, it is hereby DETERMINED, that it is in the public interest to increase and improve the facilities of the District by the acquisition of a self-propelled windrow turner, at the estimated maximum cost of$510,000; and it is hereby ORDERED, that the facilities of the District shall be so increased and improved and that the District, with the assistance of the Town Attorney, shall prepare a proposed contract for such increase and improvement of facilities of the District, which proposed contract shall be presented to the Town Board as soon as possible; and it is hereby FURTHER ORDERED, that the Town Clerk record, or cause to be recorded, a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Suffolk County within ten (10) days after adoption hereof. DATED: June 30, 2015 (SEAL) TOWN BOARD OF THE TOWN OF SOUTHOLD ✓Vote Record-Resolution RES-2015-603 RI Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Seconder E ❑ 0 0 ❑ Rescinded Jill Doherty Voter E1 0 ❑ 0 ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ o ❑ Supt Hgwys Appt Scott A Russell Voter ❑ 0 ❑ ❑ ❑ No Action ❑ Lost Comment regarding resolution 603 Southold Town Board Regular Meeting page 29 June 30, 2015 SUPERVISOR RUSSELL: I vote no, I think we are buying the wrong piece of equipment down there. 2015-604 CATEGORY: Bond DEPARTMENT: Town Clerk DSW Revised Bond Recital BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JUNE 30, 2015, APPROPRIATING $510,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE SOUTHOLD SOLID WASTE MANAGEMENT DISTRICT, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $510,000 TO FINANCE SAID APPROPRIATION Recital WHEREAS, after a public hearing duly called and held, the Town Board of the Town of Southold (herein called the "Town"), in the County of Suffolk, New York determined that it is in the public interest to increase and improve the facilities of the Southold Solid Waste Management District (referred to herein as the "District"), and ordered that such facilities be so improved; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all the members of said Board) AS FOLLOWS: Section 1. The Town hereby appropriates the amount of $510,000 for the increase and improvement of facilities of the District, consisting of the acquisition a self- propelled windrow turner. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $510,000. The plan of financing includes the issuance of bonds in the principal amount of$510,000 to finance said appropriation, and the assessment, levy and collection of assessments upon the several lots and parcels of land within the District which the Town Board shall determine and specify to be especially benefited by such increase and improvement, so much upon and from each as shall be in just proportion to the amount of benefit which the increase and improvement shall confer upon the same. Grant funds are expected to be received by the Town from the State of New York and may also be received from other sources in connection with the project described herein, and any such grant funds are authorized to be applied toward the cost of said project or redemption of the Town's bonds or notes issued to finance the project, or to be budgeted as an offset to the taxes to be collected for the payment of the principal of and interest on said bonds or notes. Section 2. Bonds of the Town are hereby authorized to be issued in the principal amount of$510,000 pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance said appropriation. Southold Town Board Regular Meeting page 30 June 30, 2015 Section 3. The following additional matters are hereby determined and stated: (a) The period of probable usefulness of the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 28 of the Law, is fifteen (15) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation said bonds shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes issued in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 of the Law relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and the renewals of said bond anticipation notes, and relative to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This resolution shall take effect immediately and the Town Clerk is hereby authorized and directed to publish the foregoing bond resolution, in summary, in "The Suffolk Times, " a newspaper having a general circulation in said Town, which newspaper is Southold Town Board Regular Meeting page 31 June 30, 2015 hereby designated as the official newspaper of the Town for such publication, together with the Town Clerk's statutory notice in the form prescribed by Section 81.00 of the Local Finance Law of the State of New York. (NOTICE AND SUMMARY OF BOND RESOLUTION FOR PUBLICATION) NOTICE The resolution, a summary of which is published herewith, has been adopted on June 30, 2015, and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Southold, in the County of Suffolk, New York is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the publication of this notice, or such obligations were authorized in violation of the provisions of the constitution. BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Dated: June 16,2015 Southold,New York Elizabeth A.Neville Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JUNE 30, 2015, APPROPRIATING $510,000 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE SOUTHOLD SOLID WASTE MANAGEMENT DISTRICT, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $510,000 TO FINANCE SAID APPROPRIATION The object or purpose for which the bonds are authorized is the increase and improvement of facilities of the Southold Solid Waste Management District, consisting of the acquisition of a self-propelled windrow turner, at the estimated maximum cost of$510,000. The maximum amount of obligations authorized to be issued is $510,000. The period of probable usefulness is fifteen (15) years. A complete copy of the Bond Resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, Town Hall, 53095 Main Road, Southold, New York. ✓Vote Record-Resolution RES-2015-604 11 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter 0 ❑ 0 0 ❑ Defeated James Dmizio Jr Voter 21 0 ❑ ' ❑ ❑ Tabled William P Ruland Seconder El 0 0 0 O Withdrawn Jill Doherty Mover El 0 ❑ 0 El Supervisor's Appt Louisa P Evans Voter El ❑ ❑ 0 O Tax Receiver's Appt Scott A Russell Voter 0 Q ❑ ❑ Southold Town Board Regular Meeting page 32 June 30, 2015 ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt _ ❑ No Action ❑ Lost Comment regarding resolution 604 SUPERVISOR RUSSELL: I am going to cast a no vote again. I just want to caution the Board, we actually are in desperate need of a pay loader down there. While we can probably get one more year out of it, you are talking a piece of equipment well in excess of$200,000 and I just don't think, you know, we need to focus on what we need and what we would like to have. A windrow turner is something we would like to have. A pay loader is something we need. I vote no. 2015-605 CATEGORY: Attend Seminar DEPARTMENT: Engineering Attend Complete Streets Policy Implementation Workshop RESOLVED that the Town Board of the Town of Southold hereby grants permission to James Richter to attend the Complete Streets Policy Implementation Workshop in Yaphank,NY, on July 22, 2015. All expenses for registration, travel to be a legal charge to the 2015 budget (meetings and seminars). ✓Vote Record-Resolution RES-2015-605 RI Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter E] 0 ❑ ❑ ❑ Tax Receiver's Appt Wdliam P Ruland Mover Q ❑ 0 ❑ ❑ Rescinded Jill Doherty Voter 0 0 0 0 12 Town Clerk's Appt Louisa P.Evans Seconder El 0 ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ 0 0 ❑ No Action ❑ Lost 2015-606 CATEGORY: Employment-Town DEPARTMENT: Recreation Southold Town Board Regular Meeting page 33 June 30, 2015 Seasonal Summer Staff RESOLVED that the Town Board of the Town of Southold hereby rescinds the resolution that was approved at the May 19 meeting appointing the following summer seasonal employee for the 2015 summer season, June 27 through September 7. LIFEGUARD Katharine Freudenberg (4th year) $12.99/hour (Katharine has informed the recreation department that she is unable to work this summer). and be it further RESOLVED that the Town Board of the Town of Southold hereby appoints the following individual for the 2015 summer season, July 1 through September 7. LIFEGUARD Lyndsie Taylor (3rd year) $12.72/hour ✓Vote Record-Resolution RES-2015-606 E Adopted ❑ Adopted as Amended 0 Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled __ _ _ ❑ Withdrawn Robert Ghosio Seconder El ❑ ❑ ❑ o Supervisor's Appt James Dinizio Jr Voter lI ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Voter RI ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter RI ❑ ❑ ❑ O Town Clerk's Appt Louisa P Evans Mover RI 0 0 ❑ o Supt Hgwys Appt Scott A Russell Voter RI ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-607 CATEGORY: Authorize to Bid DEPARTMENT: Town Clerk 2015 Material Re-Bid RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the following items for 2015: Armor Stone Rip-rap Filter Cloth ✓Vote Record-Resolution RES-2015-607 El Adopted ' Yes/Aye No/Nay Abstain Absent Southold Town Board Regular Meeting page 34 June 30, 2015 ❑ Adopted as Amended Robert Ghosio Mover G'J ❑ ❑ ❑ ❑ Defeated James Dinizio Jr Voter LI ❑ ❑ ❑ ❑ Tabled William P Ruland Voter El ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter RI ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Seconder El ❑ 0 ❑ ❑ Tax Receiver's Appt Scott A Russell Voter RI 0 0 ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-608 CATEGORY: Contracts,Lease&Agreements DEPARTMENT: Town Attorney IMA W/Greenport Village- Using Town's Pump-Out Boat for Tall Ships RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Intermunicipal Agreement between the Town of Southold and the Village of Greenport in connection with the Village of Greenport utilizing the services of the Town's pump-out boat to service the Tall Ships on an as-needed basis from July 3 through July 8, 2015, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2015-608 ❑l 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 ❑ ❑ ❑ o Tax Receiver's Appt William P Ruland Voter RI ❑ ❑ ❑ _❑ Rescinded Jill Doherty Seconder El ❑ 0 ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q 0 0 El ❑ No Action ❑ Lost 2015-609 CATEGORY: Public Service DEPARTMENT: Town Clerk Appoint Temporary Marriage Officer Southold Town Board Regular Meeting page 35 June 30, 2015 RESOLVED the Town Board of the Town of Southold hereby appoints Jill M. Doherty as a Temporary Marriage Officer for the Town of Southold, on Saturday, August 1, 2015 only, to serve at no compensation. ✓Vote Record-Resolution RES-2015-609 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent O Tabled ❑ Withdrawn Robert Ghosio Voter Q ❑ ❑ ❑ ❑ 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 ❑ Town Clerk's Appt Louisa P Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ 0 0 ❑ No Action ❑ Lost 2015-610 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Equipment and Services Bid Award RESOLVED that the Town Board of the Town of Southold hereby accepts the bid to supply the town with construction equipment and services in connection with dredging and other services within the Town of Southold, Suffolk County,New York as follows, all in accordance with the Town Attorney; and be it further RESOLVED that the Town Board authorizes and directs Supervisor Russell to execute the appropriate contract documents to implement the agreement for these services, as prepared by the Town Attorney. Latham Sand and Gravel: ITEM# ITEM DESCRIPTION WITH UNIT BID PRICE WRITTEN IN WORDS UNIT BID PRICE FURNISHING BARGE MOUNTED 15 TON CRANE WITH 5/8 C Y CAPACITY DRAGLINE BUCKET&5/8 C Y CAPACITY CLAMSHELL BUCKET # 1 I DAY @ THREE THOUSAND SEVENTY DOLLARS 3,070 PER DAY (8 HOURS) PER DAY FURNISHING TOW BOAT # 2 1 DAY @ ONE THOUSAND THREE HUNDRED TWENTY DOLLARS 1 320 PER DAY (8 HOURS) Southold Town Board Regular Meeting page 36 June 30, 2015 PER DAY FURNISHING TRACK LOADER WITH BUCKET - 9,000 LBS # 4 1 DAY @ ONE THOUSAND ONE HUNDRED SEVENTY FIVE DOLLARS 1,175 PER DAY (8 HOURS) PER DAY FURNISHING EXCAVATOR WITH 1-1/2 C Y CAPACITY BUCKET # 8 1 DAY @ ONE THOUSAND FIVE HUNDRED FOURTY FIVE DOLLARS 1,545 PER DAY (8 HOURS) PER DAY FURNISHING 20 TON CRAWLER CRANE WITH 3/4 C Y CAPACITY DRAGLINE BUCKET OR 3/4 C Y CAPACITY CLAMSHELL BUCKET # 9 1965 1 DAY @ ONE THOUSAND NINE HUNDRED SIXTY FIVE DOLLARS , PER DAY (8 HOURS) $ PER DAY FURNISHING CRAWLER MOUNTED FRONT END LOADER WITH 2 C Y CAPACITY BUCKET # 11 1,385 1 DAY @ ONE THOUSAND THREE HUNDRED EIGHTY FIVE DOLLARS PER DAY (8 HOURS) $ PER DAY FURNISHING OFF ROAD ARTICULATED DUMP TRUCKS - # 15 1 DAY @ TWO THOUSAND FIVE HUNDRED EIGHTY FIVE DOLLARS 2,585 PER DAY (8 HOURS) PER DAY Chesterfield Associates: ITEM ITEM DESCRIPTION WITH UNIT BID PRICE WRITTEN IN WORDS UNIT BID PRICE FURNISHING 15 TON CRAWLER CRANE WITH 5/8 C Y. CAPACITY DRAGLINE BUCKET OR 1,600 # 3 5/8 C Y CAPACITY CLAMSHELL BUCKET $ 1 DAY @ ONE THOUSAND SIX HUNDRED DOLLARS PER DAY (8 HOURS) PER DAY FURNISHING DOZER WITH BLADE - 13,000 LBS 1,3 00 # 5 1 DAY @ ONE THOUSAND THREE HUNDRED DOLLARS PER DAY (8 HOURS) PER DAY FURNISHING FRONT END WHEEL LOADER WITH 2-1/2 C Y CAPACITY BUCKET 1,300 # 6 1 DAY @ ONE THOUSAND THREE HUNDRED DOLLARS PER DAY (8 HOURS) $ PER DAY FURNISHING FRONT END WHEEL LOADER WITH 4 C Y CAPACITY BUCKET 1,500 # 7 1 DAY @ ONE THOUSAND FIVE HUNDRED DOLLARS PER DAY (8 HOURS) PER DAY FURNISHING LONG REACH EXCAVATOR Southold Town Board Regular Meeting page 37 June 30, 2015 # 10 2,600 1 DAY @ TWO THOUSAND SIX HUNDRED DOLLARS PER DAY (8 HOURS) PER DAY FURNISHING CRAWLER MOUNTED FRONT END LOADER WITH 3 C.Y CAPACITY BUCKET 1,600 # 12 I DAY @ ONE THOUSAND SIX HUNDRED DOLLARS PER DAY (8 HOURS) PER DAY FURNISHING FRONT END WHEEL LOADER WITH 6 C Y CAPACITY BUCKET 2,600 # 13 1 DAY @ TWO THOUSAND SIX HUNDRED DOLLARS PER DAY (8 HOURS) $ PER DAY FURNISHING 10 WHEEL DUMP TRUCK 1,200 # 14 1 DAY @ _ONE THOUSAND TWO HUNDRED DOLLARS PER DAY (8 HOURS) $ (NOTE: THERE IS NO MOBILIZATION OR DEMOBILIZATION FRO THIS ITEM) PER DAY ✓Vote Record-Resolution RES-2015-610 El Adopted D Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn Robert Ghosio Voter El El El El El Supervisor's Appt James Dinizio Jr Voter El El ❑ ❑ Tax Receiver's Appt William P Ruland Mover El 0 ❑ ❑ ❑ Rescinded Jill Doherty Voter El 0 0 0 ❑ Town Clerk's Appt Louisa P Evans Seconder El ❑ 0 ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El 0 0 0 ❑ No Action 0 Lost 2015-611 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Mods Financial Impact: Fund over-limit hours and required maintenance on rented Komatsu payloader, as per County contract; solonoid replacement on IIW Komatsu in use at SWMD following return of rental. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 Solid Waste Management District budget as follows: From: SR 8160.4.400.805 MSW Removal $7,655 Total $7,655 To: Southold Town Board Regular Meeting page 38 June 30, 2015 SR 8160.4.100.600 Misc. Equip Maintenance/Supplies $1,500 SR 8160.4.400.910 Equipment Rental 6,155 Total $7,655 ✓Vote Record-Resolution RES-2015-611 ElAdopted LI Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Seconder El 0 ❑ 0 ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter El 0 0 0 ❑ Tax Receiver's Appt William P.Ruland Voter ' El 0 ❑ 0 ❑ Rescmded Jill Doherty Voter El 0 0 0 ❑ Town Clerk's Appt Louisa P Evans Mover El ❑ 0 0 ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ 0 0 ❑ No Action ❑ Lost 2015-612 CATEGORY: Contracts,Lease&Agreements DEPARTMENT: Solid Waste Management District MWRR State Assistance Contract RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Municipal Waste Reduction and Recycling (MWRR) State Assistance Program contract with the State of New York in the amount of$235,000, in connection with the purchase of authorized recycling equipment for the Solid Waste Management District, all in accordance with the approval of the Town Attorney. ✓Vote Record-Resolution RES-2015-612 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Mover El ❑ ❑ ❑ ❑ Withdrawn El Supervisor's Appt James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Seconder El 0 0 ❑ ❑ Rescmded Jill Doherty Voter El ❑ 0 ❑ El Town Clerk's Appt Louisa P Evans Voter El ❑ 0 0 o Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost Southold Town Board Regular Meeting page 39 June 30, 2015 2015-613 CATEGORY: Employment-Town DEPARTMENT: Accounting Accepts Resignation of John Tramontana RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of John Tramontana from the position of Part Time Scale Operator for the Solid Waste District effective June 25, 2015. ✓Vote Record-Resolution RES-2015-613 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter El 0 0 0 ❑ Supervisor's Appt James Dinizio Jr Mover El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Seconder El 0 ❑ ❑ ❑ Rescinded Jill Doherty Voter _ El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-614 CATEGORY: Special Events DEPARTMENT: Town Clerk Annual Boys Scout Car Show Financial Impact: Cost Analysis: $131.68 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Boy Scouts Troop 6 to hold its 26th Annual Boys Scout Antique Car Show on Saturday, September 5, 2015'(rain date September 6) from 6:00 AM to 6:00 PM at the Peconic Lane Community Center, Peconic Lane, Peconic,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-2015-614 El Adopted Yes/Aye No/Nay Abstain _ Absent ❑ Adopted as Amended Robert Ghosio Voter El 0 ❑ ❑ ❑ Defeated James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Tabled William P Ruland Seconder El ❑ ❑ ❑ Southold Town Board Regular Meeting page 40 June 30, 2015 ❑ Withdrawn Jill Doherty Mover D ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Voter El 0 ❑ 0 ❑ Tax Receiver's Appt Scott A Russell Voter El 0 ❑ 0 ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-615 CATEGORY: Budget Modification DEPARTMENT: Police Dept Police Department-Budget Modification Financial Impact: 2015 Donation RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 General Whole Town Budget as follows: Revenues: A.2705.40 Gifts &Donations $500 Total $500 Appropriations: A,3120.4.100.100 Office Supplies & Stationary $500 Total $500 ✓Vote Record-Resolution RES-2015-615 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled 0 Withdrawn Robert Ghosio Voter El 0 ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 0 ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Mover 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 ❑ ❑ ❑ ❑ No Action ❑ Lost Southold Town Board Regular Meeting page 41 June 30, 2015 2015-616 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Waive Parking Reg for Southold Yacht Club RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Yacht Club to park overflow vehicles in the town's parking lot at Goose Creek Beach, on July 23, July 24, and August 8, 2015 (with r/d July 27, 28 and August 9)provided the applicant meets all of the requirements as listed in the Town Policy on Special Events and Use of Recreation Areas and Town Roads. Failure to comply with policy procedures will result in forfeiture of clean up deposit. Support is for this year only. I Vote Record-Resolution RES-2015-616 ll Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ __ Robert Ghosio Seconder lI ❑ ❑ ❑ 0 Withdrawn - ❑ Supervisor's Appt James Dinizio Jr Voter ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover ' Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Cd ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-617 CATEGORY: Advertise DEPARTMENT: Solid Waste Management District SWMD P/T Employment Notice RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for the position of seasonal Scale Operator for the Solid Waste Management District. I Vote Record-Resolution RES-2015-617 Q Adopted ' Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Mover 0 _❑ ❑ ❑ ❑ Defeated lames Dinizio Jr Voter ❑ ❑ ❑ ❑ Tabled William P Ruland Voter 21 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 21 0 ❑ ❑ o Supervisor's Appt ❑ Tax Receiver's Appt Louisa P Evans Seconder WI ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter IE ❑ ❑ ❑ ❑ Town Clerk's Appt Southold Town Board Regular Meeting page 42 June 30, 2015 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-618 CATEGORY: Employment-Town DEPARTMENT: Accounting Appoint Robert Grippi FT Mini Bus Driver RESOLVED that the Town Board of the Town of Southold hereby appoints Robert Grippi to the position of Full Time Mini Bus Driver for the Human Resource Center, effective July 13, 2015, at a rate of$32,146.21 per annum subject to pre-employment DOT testing requirements. ✓Vote Record-Resolution RES-2015-618 ll Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter ll 0 0 ❑ ID Supervisor's Appt James Dinizio Jr Mover ll 0 0 0 ❑ Tax Receiver's Appt William P Ruland Voter CSI ❑ ❑ ❑ ❑ Rescinded Jill Doherty Seconder 0 ❑ 0 ❑ 0 Town Clerk's Appt Louisa P Evans Voter , ll 0 ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter ll ❑ ❑ ❑ ❑ No Action 0 Lost 2015-619 CATEGORY: Contracts, Lease&Agreements DEPARTMENT: Solid Waste Management District Extend Bid for LF Groundwater Monitoring WHEREAS Lockwood, Kessler & Bartlett, Inc. (LKB) submitted the lowest responsible cost proposal in response to the Town's request for proposals to continue quarterly monitoring of groundwater around the Cutchogue landfill, as required by DEC Part 360 Regulations, and WHEREAS the Town Board of the Town of Southold accepted the proposal of Southold Town Board Regular Meeting page 43 June 30, 2015 LKB,Inc. to conduct said quarterly groundwater monitoring for a period of up to four(4) years which ended March 31,2015,now therefor be it RESOLVED that the Town Board of the Town of Southold hereby extends the contract for an additional quarter to end June 30, 2015 at the prices set in the original bid. ✓Vote Record-Resolution RES-2015-619 El Adopted ❑ Adopted as Amended O Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Voter lEl ❑ 0 ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P Ruland Seconder El ❑ ❑ ❑ 1=1 Rescinded Jill Doherty Mover El 0 ❑ 0 C110 Town Clerk's Appt Louisa P Evans Voter C11 ❑ ❑ ❑ O Supt Hgwys Appt Scott A Russell Voter 21 ❑ ❑ ❑ ❑ No Action O Lost 2015-620 CATEGORY: Sanitary Flow Credits DEPARTMENT: Land Preservation Sanitary Flow Credit Sinatra Property WHEREAS, on June 19, 2015,the Town of Southold acquired Fee Title to a parcel owned by Richard and Camille Sinatra; and WHEREAS, said property is identified as SCTM#1000-22.-3-5.1 and is located at No # Kayleigh's Court, East Marion,New York, in the R-80 zoning district; and WHEREAS,the entire parcel is 10.0881 acres as per a survey prepared by Peconic Surveyors, P.C., last dated November 24, 2014; and WHEREAS,this property included 8.0881 acres of subdivision open space and a 2.0 acre building area prior to the donation. The entire 10.0881 acre parcel was donated to the Town and the 2.0 acre building area was extinguished; and WHEREAS, said property is located within the Oysterponds School District; and WHEREAS,the deed recorded as part of the purchase prohibits the use of the property for any residential, commercial, or industrial uses and prohibits the use of the property for anything other than preservation of open space and passive recreation; and WHEREAS, as per Section 117-5 (Determination of Sanitary Flow Credit to be Deposited in the SFC Bank) of the Town Code, the Land Preservation Coordinator provided the Town Board with Southold Town Board Regular Meeting page 44 June 30, 2015 a calculation of the sanitary flow credits available for transfer from the above-mentioned parcel prior to the Town Board public hearing on the purchase; and WHEREAS,the Land Preservation Coordinator provided the Town Board with a final calculation of the sanitary flow credits available for transfer from the above-mentioned parcel; and WHEREAS, one (1) sanitary flow credit is available to be placed into the Town SFC Bank as a result of the acquisition of this buildable, non-subdividable property; now,therefore, be it RESOLVED that the Town Board of the Town of Southold hereby places one (1) sanitary flow credit into the Town SFC Bank from the Town's fee title acquisition of the property formerly owned by Richard and Camille Sinatra and identified as SCTM#1000-22.-3-5.1; and, be it further RESOLVED that the Town Clerk shall enter this transfer of one (1) sanitary flow credit into the Sanitary Flow Credit Log; and, be it further RESOLVED that the Town Clerk shall forward this resolution to the Tax Assessors Office, the Land Preservation Department,the Special Projects Coordinator and the Planning Department for inclusion into the Town database and GIS system. ✓Vote Record-Resolution RES-2015-620 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn Robert Ghosio Voter (El ❑ ❑ ❑ ❑ Supervisor's Appt James Dtmzio Jr Voter El ❑ ❑ ❑ El Tax Receiver's Appt William P Ruland Mover El ❑ ❑ El o Rescinded Jill Doherty Voter El ❑ ❑ ❑ El Town Clerk's Appt Louisa P Evans Seconder El ❑ ❑ ❑ o Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-621 CATEGORY: Budget Modification DEPARTMENT: Public Works Defibrillators and First Aid Kit Purchases Financial Impact: To purchase defibrillators and first aid kits for Town buildings RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 General Fund Whole Town budget as follows: Southold Town Board Regular Meeting page 45 June 30, 2015 From: A.1620.4.400.600 Equipment Maintenance &Repair $8,000 To: A.4010.2.100.100 Lifepak Defibrillators $8,000 ✓Vote Record-Resolution RES-2015-621 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Seconder El 0 0 ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter El 0 0 0 0 Tax Receiver's Appt William P Ruland Voter El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter T El ❑ ❑ 0 ❑ Town Clerk's Appt — Louisa P Evans Mover El 0 ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ 0 ❑ No Action ❑ Lost 2015-622 CATEGORY: Budget Modification DEPARTMENT: Justice Court Justice Court Budget Modification Financial Impact: To allocate money to cover over costs for Special project RESOLVED that the Town Board of the Town of Southold hereby modifies the 2015 General Fund Whole Town budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $18,500.00 Total $18,500.00 To: A.1110.1.100.200 Justice Court Overtime Earnings $18,500.00 Total $18,500.00 ✓Vote Record-Resolution RES-2015-622 El Adopted Yes/Aye No/Nay Abstain Absent O Adopted as Amended Robert Ghosio Mover E ❑ ❑ ❑ O Defeated James Dinizio Jr Voter 0 ❑ ❑ ❑ Southold Town Board Regular Meeting page 46 June 30, 2015 ❑ Tabled William P Ruland Voter El ❑ ❑ ❑ o Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ o Supervisor's Appt Louisa P Evans Seconder RI ❑ ❑ 0 0 Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ 0 0 Rescinded -- ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2015-623 CATEGORY: Attend Seminar DEPARTMENT: Justice Court Justice Court Director to Attend Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Justice Court Director Leanne Reilly to attend the 2015 Annual NYS Magistrate Court Clerk Conference on September 27 thru September 30, 2015 in Niagara Falls,NY. All expenses for registration, travel to be a legal charge to the 2015 budget(meetings and seminars). ✓Vote Record-Resolution RES-2015-623 El Adopted O Adopted as Amended O Defeated Yes/Aye No/Nay Abstain Absent O Tabled ID Withdrawn Robert Ghosio Voter 2✓1 ❑ ❑ ❑ ❑ Supervisor's Appt James Dmizio Jr Mover 0 0 0 ❑ LI Tax Receiver's Appt William P Ruland Voter , 0 0 ❑ ❑ o Rescinded Jill Doherty Voter 21 0 0 ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder El ❑ 0 0 ❑ Supt Hgwys Appt Scott A.Russell , Voter 21171 ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-624 CATEGORY: Employment-Town DEPARTMENT: Accounting Amends Resolution Number 2015-174 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. Southold Town Board Regular Meeting page 47 June 30, 2015 2015-174 dated February 10, 2015 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints Dorothy Stevens to the position of Part Time Mini Bus Driver for the Human Resource Center, effective February 17, 2015, at a rate of$17.66 per hour, not to exceed 20 hours per week. I Vote Record-Resolution RES-2015-624 RI Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn Robert Ghosio Voter 0 0 ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 0 0 0 ❑ Tax Receiver's Appt William P Ruland Seconder 21 0 0 ❑ ❑ Rescinded Jill Doherty Mover 0 0 0 0 ❑ Town Clerk's Appt Louisa P Evans Voter 0 0 0 ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 0 _ 0 0 ❑ No Action ❑ Lost Comment regarding resolution 625 SUPERVISOR RUSSELL: Before we vote on this, I want to get a spelling correction on Fishers, it has no C and also no apostrophe. However, why are we referencing the Fishers Island School on this? I am not sure... JUSTICE EVANS: That's where the hearing is. SUPERVISOR RUSSELL: Oh, okay. COUNCILMAN RULAND: Can we have more discussion? SUPERVISOR RUSSELL: Sure. COUNCILMAN RULAND: Louisa, is it prudent that this be advertised in a publication... JUSTICE EVANS: I was thinking we may want it in the New London, well, could we also advertise it in the Fog Horn? Actually, I don't think you need the New London Day,just the Fog Horn. Thank you. 2015-625 CATEGORY: Misc. Public Hearing DEPARTMENT: Town Attorney PH Change of Zone, F 18/5/151:02 Pm Southold Town Board Regular Meeting page 48 June 30, 2015 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 recommendation; 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 and the Fishers Island Fog Horn not less than ten(10) days nor more than thirty (30) days prior to such hearing. ✓Vote Record-Resolution RES-2015-625 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 Mover El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Seconder El ❑ ❑ ❑ o Town Clerk's Appt Louisa P Evans Voter El El ❑ ❑ o Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2015-626 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact Chapter 197-Peddlers WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 2nd day of June, 2015, a Local Law entitled "A Local Law in relation to Amendments to Chapter 197, Peddlers, Solicitors and Transient Retail Merchants". And WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now Southold Town Board Regular Meeting page 49 June 30, 2015 therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 197, Peddlers, Solicitors and Transient Retail Merchants" reads as follows: LOCAL LAW NO. 5 of 2015 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 197, Peddlers, Solicitors and Transient Retail Merchants". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 197 of the Code of the Town of Southold is hereby amended as follows: §197-6. Application for license. Any person desiring a license under this chapter shall first register with the Town Clerk of the Town of Southold and shall file with said Town Clerk an application, in writing, containing the following information: F. Two recent photographs of the applicant, approximately 2 V2 inches by 2 r/2 inches in size. together with a complete set of fingerprints. M. In the event that any other license or permit shall be required by any other governmental agency in connection with the applicant's business, it shall be produced by the applicant, and a copy of same shall be submitted with the application. II. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2015-626 El Adopted - Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated Robert Ghosio Seconder Il 0 0 ❑ ❑ Tabled James Dinizio Jr Voter p 0 0 0 0 Withdrawn William P Ruland Voter _ Q 0 0 0 0 Supervisor's Appt Jill Doherty Voter El 0 ❑ ❑ Southold Town Board Regular Meeting page 50 June 30, 2015 ❑ Tax Receiver's Appt Louisa P Evans Mover l 0 ❑ ❑ ❑ Rescinded Scott A Russell Voter El ❑ 0 ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost VI. Public Hearings Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 5:13PM in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty,Evans, Russell PH 6/30/15 @ 4:32 PM LL/Chapter 197 Amendments -Peddlers COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 2nd day of June, 2015, a Local Law entitled"A Local Law in relation to Amendments to Chapter 197, Peddlers, Solicitors and Transient Retail Merchants" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 30th day of June,2015 at 4:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 197, Peddlers, Solicitors and Transient Retail Merchants" reads as follows: LOCAL LAW NO. 2015 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 197, Peddlers, Solicitors and Transient Retail Merchants". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 197 of the Code of the Town of Southold is hereby amended as follows: §197-6. Application for license. Southold Town Board Regular Meeting page 51 June 30, 2015 Any person desiring a license under this chapter shall first register with the Town Clerk of the Town of Southold and shall file with said Town Clerk an application, in writing, containing the following information: F. Two recent photographs of the applicant, approximately 2 1/2 inches by 2 1/2 inches in size. together with a complete set of fingerprints. M. In the event that any other license or permit shall be required by any other governmental agency in connection with the applicant's business, it shall be produced by the applicant, and a copy of same shall be submitted with the application. II. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have an affidavit here that the notice was published and put on the Town Clerk's website and the bulletin board. We also have an affidavit that this was published in the Suffolk Times and that is all that I have. SUPERVISOR RUSSELL: Would anybody like to comment on this particular local law? (No response). RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Closing Comments Supervisor Russell SUPERVISOR RUSSELL: I believe that concludes the agenda. Let me just say for clarification, before we voted basically to table the resolution or the public hearing for land based aquaculture, we are sending it back to consider two fundamental changes. One which would take the lot size requirement from five and make it seven acres to make it consistent with ag and markets law with regard to a bona fide ag operation, the second would be to expand setbacks from contiguous lots currently from 100 feet we would make that 200 feet but we would leave 100 foot from any road in place. With that I am going to offer public comment on any issue. George Aldcroft, Peconic Southold Town Board Regular Meeting page 52 June 30, 2015 GEORGE ALDCROFT: George Aldcroft, I want to bring a few things. I have been trying to go through and research as much as I can. I have gone on and taken a look in New York State about places that are doing aquaculture. I am bringing you some pictures. I went all the way over to East Hampton to take a look at the multi, let's see if I am going to say this correctly, okay, so it is called the Multi-Aquaculture Systems Incorporated. I think you have probably seen some information about this before. There are 20 tanks (inaudible). I wanted to go over there because I felt if I am going to be talking about something, I kind need to know maybe a little bit more. I don't know if any of you have gone over there. And the question all along for us has been is like how far, how close are we going to have this to residential property and I think hopefully the message that I have said all along. Okay, here's a couple of pictures of the tanks, okay. I think you need to see (inaudible) where people have bought, okay, upstate New York, a dairy farm and they have it many miles or quite a distance okay, from people's homes and they are enclosed, the buildings look beautiful. This particular place here you probably (inaudible) and I didn't know so much about fish, what is it called, I guess when you take the menhaden and what they did was they ground everything up, so it was like a fish factory. So this place is located on the fish factory area which is light industrial. It is far enough away from some people's homes, took a long drive to get there, I don't think everything has to be a long drive, it just happened to be that way and here's some, like I say, here's some photos I took at the Multi-Aquaculture Systems in Amagansett. The shore activities include 22 outdoor circular raceways and hatcheries and laboratory buildings on 2.4 acre. There's a larger area there that they own but most of that is on that area. The facilities are located at the shore of Napaquogue, I guess, adjacent to a former fish factory on industrial zoned property. The operation is appropriate where it is located in an industrial area, adjacent to a former fish factory. They are on the shore with marine floating nets. Now some of the problem they have with the nets is after Sandy some of them got destroyed, so they have been having a little bit of a problem because their whole job, they were primarily raising striped bass. Although they raise a wide variety of other salt water fish there and what they also do, okay, is they meet all the standard (inaudible) but they use salt water to flush all the tanks. Now when we were there, we could only see a couple tanks, we couldn't see any fish in them. There's a whole area that we could not get into the tanks. Some of the buildings are a little bit beat up but to me, this is a fish farm. They also have a restaurant there and people have gone there and people have complained about the smell, look, this is a fish farm that people who go there and eat say the food is wonderful, it's great, it's fresh fish. You can also buy fish from th ere. So when you take a look at the tanks, where we become concerned because some of your regulations here that you would like to enforce and you put in here in the AC district, any land based aquaculture operation shall take place in a fully enclosed structure. That would be kind of nice. However, when you read about the you know, Department of Agriculture and Marketing, the construction of on-farm buildings and the use of land for agriculture for purposes should not be subject to site plan review which you also have it in there and special use permits or non- conforming uses requirements when conducted in a county adopted, state certified agriculture districts, you shouldn't be able to put restrictions in and the other thing, I know the Agriculture committee out here is they support that, the other thing, they also though seem to be against is that there shouldn't be any farm restrictions on farmland preservation land. Well, it was interesting doing the research and trying to go through all of the zoning in our Southold Town here, I was amazed that there's only two marine, very little industrial, actually everything for probably R-40 and beyond as know is agriculture. I took a look at, you know, the different areas Southold Town Board Regular Meeting page 53 June 30, 2015 in town, I don't know if we ever got the full map or we are going to see where this stuff could go on but I guess if you only put it in certain places it is zoned, what is it? Spot zoning? But as you take a look at those tanks and you take a look and you say would you want them that far from your house? It is not like farming where growing tomatoes, it is not like that. You have these big, big tanks that would be running, have to be flushed out and I guess where I am at, I am for keeping our AC lands in agriculture, I am in support of those. I don't know whether this is tied in originally with those people who are raising oysters etc. and they want a place to be able to sell their oysters and their scallops or whatever, I don't know if this has been all tied together or not, they need a place to do that but I hope it's not only coming down to five acres or small acreage so that oh, they can do that but at the same time we open up this whole thing with these great big tanks can be real close to people's homes running all day. I don't know, you know more about the law. You know? So we need to help, okay, keep as much farming as we can out here and I am for aquaculture and I am for aquaponics but if I am reading the New York Department of Agriculture and Marketing and I can't say for sure where the Agriculture Committee is here but if the attitude is we can do, you can't tell us anything to do on our property, we can do whatever we want and whether it makes noise or not or creates any problem for the neighbors, it's their problem. Somehow that doesn't seem to me show any respect for the residents. There are people who, I mean, I have only been out here 40 years, I haven't been here my whole life. There are people who lived their whole life in here, couldn't you see that right next to their house you are going to have these great big tanks like this? I don't know what you can do about it. I know how difficult situation that you are in, trying to come up with laws that don't violate the state regulations and yet protect the people here. It seems like you are trying to with going to seven acres and 200 feet away but I don't know, is 200 feet away from having a big tank like that. Maybe you want to be in your neighborhood and just walk 200 feet away and think you have got 20 tanks like that, that close to your home. I don't know. The other thing is, we started out with one vineyard here, everything I have been reading in the papers, we need to go to aquaponics or aquaculture in this country because of the food that we are getting from overseas. We need to. And there is a large push and a large funding etc. that maybe is going into this. Well, when you think about our area, every vineyard we have, you know begin to see we know begin to have fish farms and these tanks all over the place but we cannot cover them and we cannot regulate the noise that they make. That's something you need to consider when you are putting the law in. now there's a couple of other things that I know we are going to have the next meeting and this is what I wanted to, I don't have all the answers for you but maybe as you are checking it you will look at, you know, the zoning restrictions. Can the town implement the size of property, okay, do you have the right to do that? we have done it with vineyards, you have also done it with duck farms, you have also done that, can you, with anything with these large tanks, do you have any rights to keep them, because that's a different type of farming. Unless you can say you can have it but it's enclosed, can we do that? I don't know. Okay? What about traffic? I have taken a look online about some of the trucks that you have to move, you know, the fresh fish, the tanks with. I have gone on. It is amazing what they, I don't know, can you put it so far from a residence or how far can you? Right? Now, are there any grants or tax breaks or funding that are used to assist farmers in constructing farm buildings that would be quiet, where they have quiet equipment, better waste management and water, recycling methods which could create a positive environment or an aesthetically character of our area? I am hoping we are trying to keep our area as an agricultural area but not look like a great big dump with Southold Town Board Regular Meeting page 54 June 30, 2015 great big tanks all over the place? I don't know what you can do. But also, since there is a need for our town code to be modified or changed to allow those that presently conduct aquaculture like raising oysters or fish to sell their crop like land based farming, is there a way where we could accomplish that in a different way than (inaudible) tying it up together with these great big large tanks. I don't know. But I am asking you to look at it because I guess by July 14th you are going to have some meetings and you are going to have to make some decisions. Thank you. SUPERVISOR RUSSELL: Alright. Let me just, if I can try to address some of the issues that you raised. First of all, let's understand East Hampton and the operation in East Hampton which is an older operation and nothing like the model you see today. East Hampton actually permits that in a residential zone. Not an industrial zone, certainly allowed but in a residential zone as well by special exception. So it is far more permissive than some of what we are proposing tonight. They are a good neighbor. I have talked to the Supervisor from East Hampton who says they are an excellent neighbor and a well-respected local business and he says he has not received one complaint about that operation. Any complaints that you might see on Yelp have to do with an operation next door which is a, from what I understand, is poorly maintained, a poorly maintained duck and horse operation. MR. ALDCROFT: I mean, I have to agree with you. These people were very nice, the tanks, I don't have a complaint,just how close they were to a house there. SUPERVISOR RUSSELL: If you read Ag and Markets in its entirety, you'll understand that Ag and Markets while it does not, it certainly discourages site plan, it discourages lot size, all those other things, it also says you can't restrict agricultural operations in the town. And this is every bit of an agricultural operation as any other. You can't cherry pick from them, George. You can't say I support it but not here, I support it but not there. It's like the affordable housing, people say oh, I support affordable housing I just don't want it there. We have to find a home for this. We have mitigated all these concerns. People said, well, they are open air, they are going to stink and attract flies, so we put in closed buildings. Well, then the same people came back and said the buildings are too big and ugly. We try to address these issues and every time we address them, it's like pushing on a water balloon. Site plan is in fact permitted by Ag and Markets law provided that the site plan is reasonable and not too time consuming. But it is perfectly permitted. Ag and Markets has recognized our right to site plan property which would be designed to mitigate traffic and all those things, inconveniences on neighbors, any of those impacts. They are all part of site plan process. MR. ALDCROFT: Inconvenience to neighbors? That's something I didn't know. SUPERVISOR RUSSELL: And we can do that, we do site plans all the time. We generally waive them for ag structures, accessory stuff, you know, barn stuff. We have the right to waive them, we have the right to apply site plan to them. The, one of the issues that we have tried to do is we have tried to mitigate impacts by making this a larger lot, by increasing setbacks, but if it is going to get to the point where you really can't realistically and honestly say we support it, we have to go in this direction but now we need to make sure that you know, we are going to limit it to just here or the parcel is going to be so big and the setbacks are going to be so big that you are Southold Town Board Regular Meeting page 55 June 30, 2015 just going to make it, it just simply wouldn't be viable. So we are trying to balance it out here. We certainly incorporated all of the concerns that have been raised in the past with legislation that we will be proposing that won't be proposed until we draft it. Hopefully in two weeks we will be able to notice it for a public hearing 30 days subsequent. I don't know what else we can do to address these concerns. We have addressed them all. At the end of the day, we are going to have large enclosed structures that are part of a new business model with regard to agriculture. MR. ALDCROFT: Yeah, I think in close I wouldn't see a problem, if they did aquaponics and everything. I think they would be great, I mean it would be a wonderful way to recycle the water, you are not using the water, you are not putting stuff into the ground. That would be wonderful. I just know we can't mandate it and I didn't think we could mandate that it be covered and we can't mandate the motors that are there, oh, you are not going to make that much noise.... SUPERVISOR RUSSELL: Every aspect of that code will be subject to, you know, all you have to do is ask Ag and Markets to review it and they would issue an opinion whether to restrict it or not. But you can do that right now. You can go to Ag and Markets and say, hey, wait a second. I am trying to locate a land based aquaculture business in Southold Town and the code doesn't allow me. Isn't that too restrictive? And Ag and Markets can issue the same letter. We don't have to propose anything. We can just be quiet on the issue and Ag and markets can still come in and say, no, you have to allow it. MR. ALDCROFT: I know. SUPERVISOR RUSSELL: We recognize the authority of them to do that so what we try to do is we try to create code that mitigates impacts and at the same time is permissive. You know, in the absence of a local code, the state can impose its will. We are trying to not do that. We are trying to say, look, we need to accommodate them but make sure we mitigate impacts as best we can. And frankly, I don't think, the issue was raised a couple of weeks ago about kowtowing to Ag and Markets, I have got to be honest, Ag and Markets has not reached out to me at all. I think people that support small business, people that support keeping local families local, people that support agriculture ought to get behind this. Admittedly with some concerns that we have mitigated. MR. ALDCROFT: Like I said, I felt that maybe the only few things that the town has control over is maybe the zoning size that you can make and the distance maybe from somebody's property or residential, you know,.... SUPERVISOR RUSSELL: And we are trying to do that. MR. ALDCROFT: It seemed to me that that's about the most you can do and then hopefully unless there's some grants or something that would help people if they came out here like these individuals, they are great people out there, I mean, I am not, I had no complaints against their business, because it was located in the proper place and how it looked and everything. That's appropriate. I would just hate to see it right next to somebody's house. Southold Town Board Regular Meeting page 56 June 30, 2015 SUPERVISOR RUSSELL: Okay. I am not sure, I have researched the heck out of these and I am not sure the impacts are going to be greater than any nursery, container stock operation. MR. ALDCROFT: Well, I'll tell you, if you haven't gone over there, I would go visit. SUPERVISOR RUSSELL: Yes, it's an older operation and it wouldn't be permitted.... MR. ALDCROFT: I am not talking against the place, I think (inaudible) SUPERVISOR RUSSELL: It wouldn't be permitted by the proposed code because it's not enclosed. That's how we have mitigated that. MR. ALDCROFT: Yeah. Well, thank you. Supervisor Russell SUPERVISOR RUSSELL: Sure. Any other public comment on any issue? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:32 PM * * * * * I 1 (law& Eh .41 A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell