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Home My WebLink AboutTB-07/12/2016 ELIZABETH A.NEVILLE Town Hall,53095 Main Road TOWN CLERK a�o�,OSUFFO(�-coGy PO Box 1179 Q � Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o � y� Fax(631)765-6145 MARRIAGE OFFICER y�ip! � �ao�' Telephone:(631)765 - 1800 RECORDS MANAGEMENT OFFICER � southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING July 12, 2016 � , 4:30 PM A Regular Meeting of the Southold Town Board was lield Tuesday, July 12, 2016 at the Meeting Hall, Southold,NY. Call to Order 4:30 PM Meeting called to order on July 12, 2016 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name � Organization Title Status-. Arrived James Dinizio Jr � Town of Southold � Councilman Present William P. Ruland Town of Southold Councilman Present� Jill Doherty Town of Southold Councilwoman Present � Robert Ghosio Town of Southold Councilman 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. Solid Waste�District Monthly Reports 3. Planning Board Monthly Report 4. Zoning Board of Appeals Monthly Report II. Public Notices 1. NYS Public Service Commission 2. NYS Dept of Public Service Southold Town Board Meeting July 12, 2016 page 2 III. Communications IV. Discussion 1. 9:00 AM John Cushman � 2. 9:30 AM Lloyd Reisenberg � 3. 9:45 AM Economic Development Committee 4. 10:00 AM Denis Noncarrow and Valerie Shelby 5. Suffolk County Planning & East End Transportation Council 6. NYS Tourism Signage - 7. EXECUTIVE SESSION - Proposed Property Acquisition(S),Publicity of Which Would Substantially Affect the Value Thereof - 8. EXECUTIVE SESSION - Labor-Matters Involving Employment of Particular Person(S) 9. 10:15 AM Melissa Spiro 10. 10:30 Am -Art Leudesdorf Pled�e to the Fla� Openin� Comments Supervisor Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance. Thank you. Okay, I know a lot of people are here to discuss the issue, the crisis that's in East Marion, what we have to do right now is just take comment on the agenda�items. Then we will try to get through the busiriess of the agenda as quickly as possible and then you can address the Board on any item you would like. Would anybody like to address any of the agenda items? Nancy? Nancy Sawastynowicz NANCY SAWASTYNOWICZ: Good evening, Nancy 'Sawastynowicz, Cutchogue. I would like to question 672 on page 10. They are requesting a permit for fireworks..I don't know about you but th'is holiday season with the fireworks was insanity. There were people that didn't have permits after 4t" of July until July l Oth in my neighborhood, shooting off fireworks and it puts an extra strain on our police department and I would like-to know, is this permit, when she applied �or whoever she is, are the neighbors told about it? SUPERVISOR RUSSELL: No, I don't believe they are. Several years ago we tried to limit fireworks in Southold Town and we were told I believe by New York State at the time, that since it's regulated at the state level, we couldn't. All we could do was have people apply for a permit Southold Town Board Meeting July 12, 2016 page 3 and charge a nominal fee. But I will confirm that for you. I am not 100 percent sure. But I remember at the time we tried to reduce the, no doubt. MS. SAWASTYNOWICZ: It's insanity. My friends horses were going crazy, the wildlife. So they can just pay$100 and have fireworks on the beach? SUPERVISOR RUSSELL: Yes. MS. SAWASTYNOWICZ: Well, if New York State regulates it, you should up the price so that we don't have to put up with this. It's outrageous. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Thank you. And can I just ask Bill, when you get a chance, can you remind me to research that this week? I want to make sure my answer is accurate. From what I recall about six, seven years ago. Would anybody else like to address the Town Board on any of the agenda items? (No response) V. Resolutions 2016-661 C�i�'EGORY.• Audit I�EI'AR7'11IE1VT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audat dated July 12, 2016. ✓Vote Record-Resolntion RES-2016-661 0 Adopted ❑ Adopted as Amended ❑ Defeated ' " Ycs/Aye No/Nay Abstain Absent ❑ Tabled ._ _ .. . ❑ W�thdrawn James Dimz�o Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt w�ll�am P Ruland Voter C�] ❑ ❑ ❑ ❑ Tax Recerver's Appt hll Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-662 C,�17'E�t)�iY: Set Meeting Southold Town Board Meeting July 12, 2016 page 4 I)EPA�ZTIVIEN7': Town Clerk Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesda Jul 26 2016 at the Southold Town Hall Southold New York at 7:30 P.M. ✓Vote Record-Resolution RES-2016-662 � Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - ❑ Withdrawn James D�mzio Jr Voter � ❑ ❑ ❑ ❑ Supervisor's Appt Wdliam P Ruland Voter � ❑ ❑ ❑ ❑ Tax Recerver's Appt Jdl Doherty Voter � ❑ ❑ ❑ ❑ Rescmded Robert Ghos�o Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Lou�sa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-663 C�T�'GOXY: Refund I?EPARTIt�ENT.• Town Clerk Clean Up Deposit Returns WHEREAS the following groups have supplied the Town of Southold with a Clean-up Deposit far 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 to the following: Name Date Received Amount Out Run RETT SK 12/17/15 $1500.00 560 Deer Drive Mattituck,NY 11952 North Fork Marines 1/12/16 $1500.00 PO Box 65 Mattituck,NY 11952 Southold Town Board Meeting July 12, 2016 page 5 North Shore Bike Tour 2/17/16 $1500.00 C/o John Acquaro 2539 Ocean Ave Ronkonkoma,NY 11779 Cornell Cooperative 3/21/16 $1500.00 423 Griffing Avenue, Suite 100 Riverhead,NY 11901 � ✓Vote Record-Resolution RES-2016-663 C✓f Adopted ❑ Adopted as Amended - ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ _ ❑ Wrthdrawn James Dimzio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt W�lliam P.Ruland Seconder 0 ❑ ❑ ❑ ❑ Ta�c Receiver's Appt J�ll Doherty Voter Q ❑ ❑ ❑ ❑ Rescmded Robert Ghosio Voter C�7 ❑ ❑ ❑ ❑ Town Clerk's Appt Lou�sa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ 0 ❑ ❑ No Action ❑ Lost 2016-664 , CATEGORY.• Refund , I�E�'f�RT�YIENT: Town Clerk Refund Beach Sticker-Libassi RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of$40.00 to Paul Libassi, 304 Mineola Blvd, Mineola NY 11501 for a Guest/Lessee Beach Permit that was purchased in error. � ✓Vote Record-Resolution RES-2016-664 . Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Voter C�1 ❑ ❑ ❑ ❑ W�thdrawn � Supervisor's Appt W�1ham P Ruland Seconder, 0 ❑ ❑ ❑ ❑ Tax Recerver's Appt •1dl Doherty Mover 0 ❑ ❑ ❑ ❑ Rescmded Robert Ghos�o Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter � ❑ ❑ ' ❑ ❑ Supt H�wys Appt Scott A Russell Voter L�I ❑ ❑ ❑ ❑ No Action ❑ Lost Southold Town Board Meeting July 12, 2016 page 6 2016-665 C�IIEGORY: Special Events �EPART�I��VT: Town Clerk American Legion Car Show Financial Impact:Cost Analysis: $ 197.52 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the American Legion Griswold-Terry-Glover Post 803 to hold an Antique Car Show on August 28, 2016 from 10:00 AM to 5:00 PM at the American Legion, Main Road, Southold. They are also requesting Partial closure of Tuckers Lane, provided they file with the Town Clerk a Two 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. All fees associated with this approval shall be waived, with the exception of the clean-up deposit. ✓Vote Record-Resolution RES-2016-665 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn .Tames Dm�z�o Jr Voter � ❑ ❑ ❑ ❑ Superv�sor's Appt Wil1�am P Ruland Mover 0 ❑ ❑ ❑ ❑ TaY Receiver's Appt Jdl Doherty Voter � ❑ ❑ ❑ ❑ Rescmded Robert Ghos�o Voter � ❑ ❑ ❑ ❑ Town Clerk's Appt Lou�sa P Evans Seconder � ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ � ❑ ❑ ❑ No AcUon ❑ Lost 2016-666 Cf9TEGOR�:• Attend Seminar DEI'��T!'t'fEN7': Police Dept Police Department-Training Request RESOLVED that the Town Board of the Town of Southold hereby �rants permission to Police Officer Wi1lYaan Brewer to attend the 41St annual training conference for the State of New York Police Juvenile Officers Association in Geneva New York from Au�ust 29th throu�h September 2"`�,2016. All expenses for registration, travel to be a legal charge to the 2016 budget line A.3157.4.600.200. ✓Vote Record-Resolution RES-2016-666 Cl Adopted Yes/Aye No/Nay Abstain Absent Southold Town Board Meeting July 12, 2016 page 7 ❑ Adopted as Amended James Dm�zio,Jr Voter � ❑ ❑ ❑ ❑ Defeated W�lliam P Ruland Voter 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghos�o Seconder 0 ❑ ❑ ❑ ❑ Superv�sor's Appt Lou�sa P Evans Mover C�J ❑ ❑ ❑ _ ❑ Tax Rece�ver's Appt Scott A Russell Voter 0 ❑ ❑ ' ❑ ❑ Rescmded � ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2016-667 � CATEG�R Y: Organ i zati on al DEPAIZTM�'NT.• Town Clerk Waive 30 day period liquor license renewal RESOLVED that the Town Board of the Town of Southold hereby waives the thirty (30) notification period for the renewal of a liquor license to Four poors Down, 10560 Main Road Mattituck New York. � ✓Vote Record,-Resolution RES-2016-667 • ' 0 Adopted , ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ _ ❑ W�thdrawn James Dmizio Jr � Voter CI ❑ ❑ ❑ ❑ Supervisor's Appt W�lliam P.Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Rece�ver's Appt Ji11 Doherty Voter 0 ❑ ❑ ❑ ❑ Rescmded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder L�I - ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ' ❑ ' ❑ No Act�on ❑ Lost 2016-668 CATEGORY: Special Events DEP�RTIi��NT.• Town Clerk Harvest East End Southold Town Board Meeting July 12, 2016 page 8 RESOLVED that pursuant to the provisions of Section 205-7(A) of the Southold Town Code, the Town Board of the Town of Southold hereby �rants permission and authorizes the Town Clerk to issue a Special Events Permit for the "Harvest East End" event at 22600 Main Road, Cutcho�ue, to be held on Au�ust 20 2016, from 6:30 PM to 10:00 PM provided they file a Certificate of Liability Insurance naming the Town of Southold as additional insured for two million dollars and comply with all the conditions of the Town's Policy for Special Events. ✓Vote Record-Resolution RES-2016-668 � 0 Adopted ❑ Adopted as Amended ' ❑ Defeated _ _ _� _..._ _ .. . . ..� ..,- • - --.. �_ , . . Yes/Aye No/Nay Abstain Absent ❑ Tabled . ❑ Withdrawn James Dmiz�o Jr Mover Lf ❑ ❑ ❑ ❑ Supervisor's Appt W�Iliam P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Recerver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescmded Robert Ghos�o Voter fJ ❑ ❑ ❑ ❑ Town Clerk's Appt Lowsa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter C�J ❑ ❑ ❑ ❑ No Action � ❑ Lost , _ � . . 2016-669 CAT'EGORY: Employment-Town D�'PART�I�ENT: Recreation Hire Seasonal Employee RESOLVED that the Town Board of the Town of Southold hereby appoints the following individual for the 2016 seasonal summer staff for the period July 13 - - September 5 as follows: STILLWATER LIFEGUARD HOURLY SALARY � Pawel Klibisz (lst year).. $12.17 ..................................... ✓Vote Record-Resolution RES-2016-669 Q Adopted ❑ Adopted as Amended � _ ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ' James Dinizio Jr Voter C1 ❑ ❑ ❑ ❑ Withdrawn William P Ruland Seconder � ❑ ❑ ❑ ❑ Supervisor's Appt lill Doherty Mover � ❑ ❑ ❑ ❑ Tax Recerver's Appt Robert Ghosio Voter 0 ❑ � ❑ ❑ ❑ Rescmded Lomsa P Evans Voter � � ❑ ❑ ❑ ❑ Town Clerk's'Appt Scott A Russell� Voter � ❑ ❑ � ❑ ❑ Supt Hgwys Appt ❑ No Action � ❑ Lost Southold Town Board Meeting July 12, 2016 page 9 2016-670 C.4TLGD�Z�:• Refund DEPARTIVIENT: Town Clerk Refi�nd of Dog License Payment RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of$11.00 to Carol Hydell, Henry's Lane, Peconic,NY 11958 to return the money she put in the Town Clerk's daily deposit to cover a dog license#471000051 that should have been renewed but she renewed#47100072 instead in error. ✓Vote Record-Resolution RES-2016-670 Q Adopted ❑ Adopted as Amended ❑ Defeated �� , yes/Aye No/Nay Abstain Absent ❑ Tabled _ _ _ ❑ Withdra�m James Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Superv�sor's Appt W�11�am P Ruland Mover � � ❑ ❑ ❑ ❑ Tax Rece�ver's Appt Jill Doherty Voter � ❑ ❑ ❑ ❑ Rescmded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter � ❑ ❑ ❑ ❑ No Act�on ❑ Lost 2016-671 C.4TF.GORY: Budget Modification DEI�ARTIV�E1'VT: Police Dept Police Department-Bz�dget Modification Financial Impact: Donation-Norris RESOLVED that the Town Board of the Town of Southold hereby modi�es the 2016 General Fund Whole Town bud�et as follows: From• A.2705.40 Gifts and Donations $1,000 Total $1,000 Southold Town Board Meeting July 12, 2016 page 10 To: A3120.4.400.650 Police/C.E./Vehicle Maint&Repairs $1,000 , Total $1,000 ✓Vote Recoril-Resolution RES-2016-671 0 Adopted � ❑ Adopted as Amended � , ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled --. -. •� ❑ Withdrawn James Dmizio Jr Voter C✓1 �❑ u ❑ ❑ ❑ Supervisor's Appt W�11iam P Ruland Voter � ❑ ❑ ❑ ❑ Tax Receroer's Appt Jill Doherty Voter � ❑ ❑ ❑ ❑ Rescmded Robert Ghosio Seconder L�f ❑ ❑ ❑ ❑ Town Clerk's Appt Lou�sa P Evans Mover � ❑ ❑ � ❑ ❑ Supt Hgwys Appt Scott A Russell Voter � ❑ ❑ ❑ ❑ No Act�on ' ❑ Lost 2016-672 �'ATEG�FRY; Organizational DE�ARTIIIENT': Town Clerk Manfi•edi Fanaily Fireworks Permit RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a Fireworks Permit by the Town Clerk to the Manfredi Family, for a fireworks display on Saturday, July 30, 2016 at 9:00 PM (Rain Date: Sunday, July 31, 2016 at 9:00 PM) on the beachfront off 240 Sunset Path, Southold,New York upon payment of a single fee of$100.00 and subject to the applicant's compliance with the requirements of the Town of Southold's Policy regarding the issuance of fireworks permits. ✓Vote Record-Resolution RES-2016-672 � 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dimzio Jr Voter 0 ❑ � ❑ ❑ ❑ Wrthdrawn ❑ Supervisor's Appt W��am P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Recerver's Appt .1ill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescmded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ' ❑ No Action ❑ Lost Southold Town Board Meeting July 12, 2016 � page 11 2016-673 CATEGORY: Refund DEPARTMEII�'T: Town Clerk Various Clean Up Deposits RESOLVED that the Town Board of the Town of Southold hereby amends resolution#2016-568 adopted at the May 31, 2016 regular Town Board meeting as follows: WHEREAS the following groups have supplied the Town of Southold with a Clean-up Deposit 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 to the following: Name Date Received Amount Out Run RETT SK 12/17/15 $250.00 560 Deer Drive Mattituck,,NY 11952 American Diabetes Association 10/19/15 $250.00 1701 North Beauregard Street Alexandria, VA 22311 John Acquaro 2/17/16 $250.00 2539 Ocean Avenue - Ronkonkoma,NY 11779 ✓Vote Record-Resolution RES-2016-673 0 Adopted ❑ Adopted as Amended ❑ Defeated � ' V�T ' Yes/Aye Y No/Nay Abstain Absent ❑ Tabled _ . _ �__ _ ❑ Withdrawn James Dmizio Jr ' Mover Q ' ❑ ❑ ❑ ❑ Supervisor's Appt W��am P Ruland Voter ' 0 ❑ ❑ ❑ ❑ Tax Recerver's App[ J��Doherty Seconder C✓1 ❑ ❑ ❑ ❑ Rescmded Robert Ghosio ' Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Lowsa P.Evans , Voter � ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Cf ❑ ❑ ❑ ❑ No Action ❑ Lost Southold Town Board Meeting July 12, 2016 page 12 Comments regarding resolution 673 COLINCILMAN DINIZIO: I would just like to have a question about this resolution, 673. About Out-Run-Rhett 5 K, it was in a previous resolution, I don't know if the Town Clerk is aware of that? TOWN CLERK NEVILLE: John Cushman said that this should be taken off this way, because actually this was one that was a bicycle event for$1,500. 2016-674 CATEGORY: Bond DEPARTMEIVT: Town Clerk 2016 Refunding Bond REFUNDING BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED NLY 12, 2016, AUTHORIZING THE REFUNDING OF CERTAIN OUTSTANDING SERIAL BONDS OF SAID TOWN, STATING THE PLAN OF REFUNDING, APPROPRIATING AN 'AMOUNT NOT TO EXCEED $23,000,000 FOR SUCH PURPOSE, AUTHORIZING THE ISSUANCE OF REFUNDING BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $23,000,000 TO FINANCE SAID APPROPRIATION, AND MAKING CERTAIN OTHER DETERMINATIONS RELATIVE THERETO Recitals WHEREAS, the Town of Southold, in the County of Suffolk, New York (herein called the "Town"), has heretofore issued on May 29, 2008 its $8,850,000 Public Improvement Serial Bonds-2008 (the "2008 Bonds"), which are currently outstanding in the principal amount of$6,075,000 (the "Outstanding 2008 Bonds"), and mature on May 15 in each of the years and in the principal amounts and bear interest payable semiannually on May 15 and November 15 in each year to maturity, as follows: Year of Principal Interest Maturity Amount Rate 2017 $375,000 4.00% ' 2018 400,000 4.00 2019 400,000 4.00 2020 400,000 4.00 2021 425,000 4.00 2022 425,000 4.00 Southold Town Board Meeting July 12, 2016 page 13 2023 425,000 4.00 2024 450,000 4.00 2025 450,000 4.125 2026 450,000 4.25 2027 450,000 4.25 2028 475,000 4.25 2029 475,000 4.25 2030 475,000 4.25 WHEREAS, the 2008 Bonds maturing on or before May 15, 2018 are not subject to redemption prior to maturity; and the Bonds maturing on or after May 15, 2019 are subject to redemption prior to maturity, at the option of the Town, on May 15, 2018 and thereafter on any date, in whole or in part, and if in part, in any order of their maturity and in any amount within a maturity (selected by lot within a maturity), at par, plus accrued interest to the date of redemption; and WHEREAS, the Town has heretofore issued on March 19, 2009 its $5,283,000 Public Improvement Serial Bonds-2009 (the "2009 Bonds"), which are currently outstanding in the principal amount of$3,945,000 (the "Outstanding 2009 Bonds"), and mature on March 15 in each of the years and in the principal amounts and bear interest payable semiannually on March 15 and September 15 in each year to maturity, as follows: Year of Maturity Principal Amount Interest Rate 2017 $215,000 4.00% 2018 225,000 4.00 2019 230,000 4.00 2020 240,000 4.00 2021 250,000 4.00 2022 ' 260,000 4.00 2023 270,000 4.00 2024 290,000 4.00 2025 300,000 4.125 2026 310,000 4.125 2027 325,000 4.25 2028 330,000 4.25 2029 345,000 4.25 2030 355,000 4.375 WHEREAS, the 2009 Bonds maturing on or before March 15, 2019 are not subject to redemption prior to maturity; and the Bonds maturing on or after March 15, 2020 are subject to redemption prior to maturity, at the option of the Town, on March 15, 2019 and thereafter on any date, in whole or in part, and if in part, in any order of their maturity and in any amount within a maturity (selected by lot within a maturity), at par, plus accrued interest to the date of redemption; and WHEREAS, the Town has heretofore issued on June 29, 2011 its $13,175,000 Southold Town Board Meeting July 12, 2016 page 14 Public Improvement Serial Bonds-2011 (the "2011 Bonds"), which are currently outstanding in the principal amount of $10,250,000 (the "Outstanding 2011 Bonds" and, together with the Outstanding 2008 Bonds and the Outstanding 2009 Bonds, the "Outstanding Bonds"), which mature on August 15 in each of the years and in the principal amounts and bear interest payable semiannually on February 15 and August 15 in each year to maturity, as follows: � Year of Maturity Principal Amount Interest Rate 201� $640,000 3.00% 2018 650,000 3.00 2019 665,000 3.00 2020 675,000 3.00 2021 , 700,000 3.00 2022 ' 720,000 3.125 2023 740,000 3.25 2024 750,000 3.50 2025 780,000 3.625, 2026 735,000 3.750 2027 760,000 4.00 2028 785,000 4.00 2029 810,000 4.00 2030 � , 840,000 4.00 ' WHEREAS, the 2011 Bonds maturing on or before August 15, 2019 are not subject to redemption prior to maturity; and the Bonds maturing on or after August 15, 2020 are subject to redemption priar to maturit�y, at the option of the Town, on August 15, 2019 and� thereafter on any date, in whole or in part, and if in part, in any order of their maturity and in any amount within a maturity (selected by lot within a maturity), at par, plus accrued interest to the date of redemption; and WHEREAS, Sections 90.00 and 90.10 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), authorize the Town to refund all or a portion of the outstanding unredeemed maturities of the Outstanding Bonds by the issuance of new bonds, the issuance of which will result in present value debt service savings for the Town, and the Town Board has determined that it may be advantageous to refund all or a portion of the Outstanding Bonds; and WHEREAS, in order effectuate the refunding, it is now necessary to adopt this Refunding Bond Resolution; - NOW, THEREFORE, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD,NEW YORK (by the favorable vote of at least two-thirds of all the members of said Town Board), AS FOLLOWS: Section 1. In this resolution, the following definitions apply, unless a different meaning clearly app'ears from the context: (a) "Bond To Be Refunded" or"Bonds To Be Refunded" means all or any portion ; Southold Town Board Meeting July 12, 2016 page 15 of the aggregate Outstanding Bonds, as shall be determined in accordance with Section 8 hereof. (b) "Escrow Contract" means the contract to be entered into by and between the Town and the Escrow Holder pursuant to Section 10 hereof. (c) "Escrow Holder" means the bank or trust company designated as such pursuant to Section 10 hereof. (d) "Outstanding Bonds" shall mean the outstanding unredeemed maturities of the 2008 Bonds, the 2009 Bonds and the 2011 Bonds. (e) "Present Value Savings" means the dollar savings which result from the issuance of the Refunding Bonds computed by discounting the principal and interest payments on both the Refunding Bonds and the Bonds To Be Refunded from the respective maturities thereof to the date of issue of the Refunding Bonds at a rate equal to the effective interest cost of the Refunding - Bonds. The effective interest cost of the Refunding Bonds shall be that rate which is arrived at by doubling the semi-annual interest rate (compounded semi-annually) necessary to discount the debt service payments on the Refunding Bonds from the maturity dates thereof to the date of issue of the Refunding Bonds and to the agreed upon price including estimated accrued interest. (� "Redemption Dates" mean May 15, 2018 and any date thereafter with respect to the 2008 Bonds; March 15, 2019 and any date thereafter with respect to the 2008 Bonds; and August 15, 2020 and any date thereafter with respect to the 2011 Bonds; as shall be determined by the Supervisor in accordance with Section 8. (g) "Refunding Bond" or "Refunding Bonds" means all or a portion of the $23,000,000 Refunding Serial Bonds-2016 of the Town of Southold, authorized to be issued pursuant to Section 2 hereof. (h) "Refunding Bond Amount Limitation" means an amount of Refunding Bonds which does not exceed the principal amount of Bonds To Be Refunded plus the aggregate amount of unmatured interest payable on such Bonds To Be Refunded, to and including the applicable Redemption Date, plus redemption premiums payable on such Bonds To Be Refunded as of such Redemption Date, as hereinabove referred to in the Recitals hereof, plus costs and expenses incidental to the issuance of the Refunding Bonds including the development of the Refunding Financial Plan, and of executing and performing the terms and conditions of the Escrow Contract and all fees and charges of the Escrow Holder as referred to in Section 10 hereof. Section 2. The Town Board of the Town (herein called the "Town Board"), hereby authorizes the refunding of the Bonds To Be Refunded, and appropriates an amount not to exceed $23,000,000 to accomplish such refunding. The plan of financing said appropriation includes the issuance of the Refunding Bonds in the principal amount of not to exceed $23,000,000 and the levy and collection of a tax upon all the taxable real property within the Town to pay the principal of and interest on said Refunding Bonds as the same shall become due and payable. Bonds of the Town in the maximum principal amount of $23,000,000 and designated substantially as "REFLTNDING SERIAL BONDS-2016" are hereby authorized to be Southold Town Board Meeting July 12, 2016 page 16 issued pursuant to the provisions of the Law. The proposed financial plan for the refunding in the form attached hereto as Exhibit A (the "Refunding Financial Plan") prepared for the Town by its Financial Advisor, Munistat Services, Inc., and hereby accepted and approved, includes the deposit of all the proceeds of said Refunding Bonds with an Escrow Holder pursuant to an Escrow Contract as authorized in Section 10 hereof, the payment of all costs incurred by the Town in connection with said refunding from such proceeds and, to the extent required, the investment of a portion of such proceeds by the Escrow Holder in certain obligations. The principal of and interest on such investments, together with the balance of such proceeds to be held uninvested, if any, shall be sufficient to pay (i) the principal of and interest on the Bonds To Be Refunded becoming due and payable on and prior to each applicable Redemption Date and (ii) the principal of and premium on the Bonds To Be Refunded which are to be called for redemption prior to maturity on any such Redemption Date. Section 3. The Bonds To Be Refunded referred to in Section 1 hereof are all or a portion of the Outstanding Bonds issued pursuant to various bond resolutions duly adopted by the Town Board on their respective dates, authorizing the issuance of bonds of the Town to finance various purposes of the Town. In accordance with the Refunding Financial Plan, the Refunding Bonds authorized in the aggregate principal amount of not to exceed $23,000,000 shall mature in amounts and at dates to be determined. The Supervisor,the chief fiscal officer of the Town, is hereby authorized to approve all details of the Refunding Financial Plan not contained herein. Section 4. The issuance of the Refunding Bonds will not exceed the Refunding Bond Amount Limitation. The Refunding Bonds shall mature not later than the maximum period of probable usefulness ("PPU") permitted by law at the time of original issuance of the Bonds to be Refunded, as set forth in Exhibit B annexed hereto and hereby made a part hereof, for the objects or purposes financed with the proceeds of the Bonds to be Refunded, commencing at the date of issuance of the first bond or bond anticipation note issued in anticipation of the sale of such bonds. Section 5. The aggregate amount of estimated�Present Value Savings is set forth in the proposed Refunding Financial Plan attached hereto as Exhibit A, computed in accordance with subdivision two of paragraph b of Section 90.10 of the Law. Said Refunding Financial Plan has been prepared based upon the assumption that the Refunding Bonds will be issued in the aggregate principal amount, and will mature, be of such terms and bear such interest as set forth therein. The Town Board recognizes that the principal amount of the Refunding Bonds, the maturities, terms and interest rates, the provisions, if any, for the redemption thereof prior to maturity, and whether or not any or all of the Refunding Bonds will be insured, and the resulting present value savings, may vary from such assumptions and that the Refunding Financial Plan may vary from that attached hereto as Exhibit A. Section 6. The Refunding Bonds may be sold at public or private sale. (a) If the Bonds are sold at private sale, the Supervisor, as the chief fiscal officer of the Town, is hereby authorized to execute a purchase contract on behalf of the Town for the sale of said Refunding Bonds, provided that the terms and conditions of such sale shall be approved by the State Comptroller. (b) In the event that the Refunding Bonds are sold at public sale pursuant to Section 57.00 of the Law, the Supervisor is hereby authorized and directed to prepare or have prepared a Notice of Sale, a summary of which shall be published at least once in (a) "THE Southold Town Board Meeting July 12, 2016 page 17 BOND BUYER," published in the City of New York and (b) the official newspaper(s) of the Town having general circulation within said Town, not less than five (5) nor more than thirty (30) days prior to the date of said sale. A copy of such notice shall be sent not less than eight (8) nor more than thirty (30) days prior to the date of said sale to (1) the State Comptroller, Albany, New York 12236; (2) at least two banks or trust companies having a place of business in the county in which the Town is located, or, if only one bank is located in such County, then to such bank and to at least two banks or trust companies having a place of business in an adjoining county; (3) "THE BOND BUYER," 1 State Street Plaza,New York,New York 10004; and (4) at least 10 bond dealers. (c) Prior to the issuance of the Refunding Bonds, the Supervisor shall file with the Town Board all requisite certifications, including a certificate approved by the State Comptroller setting forth the Present Value Savings to the Town resulting from the issuance of the Refunding Bonds. In connection with such sale, the Town authorizes the preparation of an Official Statement and approves its use in connection with such sale, and further consents to the distribution of a Preliminary Official Statement prior to the date said Official Statement is distributed. The Supervisor is hereby further authorized and directed to take any and all actions necessary to accomplish said refunding, and to execute any contracts and agreements for the purchase of and payment for services rendered or to be rendered to the Town in connection with said refunding, including the preparation of the Refunding Financial Plan referred to in Section 2 hereof. Section 7. Each of the Refunding Bonds authorized by this resolution shall contain the recital of validity prescribed by Section 52.00 of the Law and said Refunding 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 Refunding Bonds and provision shall be made annually in the budget of the Town for (a) the amortization and redemption of the Refunding Bonds to mature in such year and (b) the payment of interest to be due and payable in such year. Section 8. Subject to the provisions of this resolution and of the Law, and pursuant to the provisions of Section 21.00 of the Law with respect to the issuance of bonds having substantially level or declining annual debt service, and Sections 50.00, 56.00 to 60.00, 90.00, 90.10 and 168.00 of the Law, the powers and duties of the Town Board relative to determining the amount of Bonds To Be Refunded, prescribing the terms, form and contents and as to the sale and issuance of the Refunding Bonds, and executing an arbitrage certificate relative thereto, and as to executing the Escrow Contract described in Section 10, the Official Statement refen�ed to in Section 6 and any contracts for credit enhancements in connection with the issuance of the Refunding Bonds and any other certificates and agreements, as to making elections to call in and redeem all or a portion of the Bonds to be Refunded, and as to any determinations relating to the investment of the proceeds of the Refunding Bonds, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 9. The validity of the Refunding Bonds authorized by this resolution 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 Southold Town Board Meeting July 12, 2016 page 18 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 10. Prior to the issuance of the Refunding Bonds,the Town shall contract with a bank or trust company located and authorized to do business in New York State, for the purpose of having such bank or trusf company act as the Escrow Holder of the proceeds, inclusive of any premium from the sale of the Refunding Bonds, together with all income derived from the investment of such proceeds. Such Escrow Contract shall contain such terms and conditions as shall be necessary in order to accomplish the Refunding Financial Plan, including provisions authorizing the Escrow Holder, without further authorization or direction ' from the Town, except as otherwise provided therein, (a) to make all required payments of principal, interest and redemption premiums to the appropriate paying agent with respect to the Bonds To Be Refunded, (b)to pay costs and expenses incidental to the issuance of the Refunding Bonds, including the development of the Refunding Financial Plan, and costs and expenses� relating to the execution and performance of the terms and conditions of the Escrow Contract and all of its fees and charges as the Escrow Holder, (c) at the appropriate time or times to cause to be given on behalf of the Town the notice of redemption authorized to be given pursuant to Section 13' hereof, and �(d) to invest the monies held by it consistent with the provisions of the Refunding Financial Plan. The Escrow Contract shall be irrevocable and shall constitute a covenant with the h`olders of the Refunding Bonds. Section 11. The proceeds, inclusive of any premium, from the sale of the Refunding Bonds, immediately upon receipt shall be placed in escrow by the Town with the Escrow Holder in accordance with the Escrow Contract. All moneys held by the Escrow Holder, if invested, shall be invested only in direct obligations of the United States of America or in obligations the principal of and interest on wliich are unconditionally guaranteed by the United States of America, which obligations shall mature or be subject to redemption at the'option of the holder thereof not later than the respective dates when such moneys will be required to make payments in accord'ance with the Refunding Financial Plan. Any such moneys remaining in the custody of the Escrow Holder after the full execution of the Escrow Contract shall be returned to the Town and shall be applied by the Town only to the payment of the principal of or interest on the Refunding Bonds then outstanding. Section 12. That portion of such proceeds from the sale of the Refunding Bonds, together with interest earned thereon, which shall be required for the payment of the principal of and interest on the �Bonds To Be Refunded, including any redemption premiums, in accordance with the Refunding Financial Plan, shal'1 be irrevocably committed and pledged to such purpose and the holders of the Bonds To Be Refunded shall have a lien upon such moneys and the investments ,thereof held by the Escrow Holder. All interest earned from the investment of such moneys which is not required for such payment of principal of and interest on the Bonds To Be Refunded shall be irrevocably committed and pledged to the payment of the principal of and interest on the Refunding Bonds, or such portion or series thereof as shall be required by the Refunding Financial Plan, and the holders of such Refunding Bonds shall have a lien upon such moneys held by the Escrow Holder. The pledges and liens provided for herein shall become Southold Town Board Meeting � July 12, 2016 page 19 valid and binding upon the issuance of the Refunding Bonds and the moneys and investments held by the Escrow Holder shall immediately be subject thereto without any further act. Such pledges and liens shall be valid and binding against all parties having claims of any kind in tort, contract or otherwise against the Town irrespective of whether such parties have notice thereof. Neither this resolution, the Escrow Contract, nor any other instrument relating to such pledges and liens, need be filed or recorded. Section 13. In accordance with the provisions of Section 53.00 and of paragraph h of Section 90.10 of the Law, the Town Board hereby elects to call in and redeem all or a portion of the Bonds To Be Refunded which are subject to prior redemption according to their terms on the Redemption Date, as shall be determined by the Supervisor in accordance with Section 8 hereof. The sum to be paid therefor on the applicable Redemption Date shall be the par value thereof, the accrued interest to such Redemption Date and the redemption premiums, if any. The Escrow Holder is hereby authorized and directed to cause a notice of such call for redemption to be given in the name of the Town by mailing such notice at least thirty days prior to such Redemption Date, and in accordance with the terms appearing in the Bonds to be Refunded, to the registered holders of the Bonds To Be Refunded which are to be called in and redeemed. Upon the issuance of the Refunding Bonds, the election to call in and redeem the Bonds To Be Refunded which are to be called in and redeemed in accordance herewith and the direction to the Escrow Holder to cause notice thereof to be given as provided in this Section shall become irrevocable and the provisions of this Section shall constitute a covenant with the holders, from time to time, of the Refunding Bonds, provided that this Section may be amended from time to time as may be necessary to comply with the publication requirements of paragraph a of Section 53.00 of the Law, as the same may be amended from time to time. Section 14. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish the foregoing resolution, in summary, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "The Suffolk Times," a newspaper having general circulation in the Town and hereby designated the official newspaper of said Town for such publication. EXHIBIT B PERIODS OF PROBABLE USEFULNESS (2008 Bonds) Purpose � Period of Probable Usefulness Years Open Space Preservation 30 Acquisition of Land and building for Recreational Purposes 25 (2009 Bonds) P�osePeriod of Probable Usefulness (Years) Open Space Preservation 30 Acquisition of an air vacuum drain cleaner 5 Improvements to Fishers Island Sewer District 30 Southold Town Board Meeting July 12, 2016 page 20 (2011 Bonds) PurposePeriod of Probable Usefulness (Years) Open Space Preservation 30 Fishers Island road construction 15 Construct a new Town animal shelter 15 ✓Vote Record-Resolution RES-2016-674 C�1 Adopted Yes/Aye No/Nay Abstain ; Absent ❑ Adopted as Amended James Dmizio Jr t° 0 ❑ � ❑ 3 ❑ ❑ Defeated — � S ❑ Tabled Wilham P.Ruland t° L�I ❑ ❑ � ❑ ❑ Withdrawn -- -- -- --- - --- ----_ - : -- -- -- ;--- ------ ❑ Superv�sor's Appt Jill Doherty M0 � ❑ ❑ ; ❑ ❑ Tax Receiver's Appt _,_. _�_. __.�_._ _..___.__.,vo_.�.___ _. . ... . _ .. ____ �__..__._. . ❑ Rescmded Robert Ghosio ter � � j � ' � -; - i-_._ ..._. ❑ Town Clerk's Appt � � � Sec � � ❑ Supt Hgwys Appt Louisa P Evans on Q ❑ j ❑ ; ❑ ❑ No Achon der, ; ; - - - -- - - _ --- - - - ' ❑ Lost Scott A.Russell t o; 0 ❑ ❑ ; ❑ Comment regarding resolution 674 SUPERVISOR RUSSELL: I am going to mention that based on this refinancing,the savings over the life of the bonds is expected to be $1.3 million. 2016-675 C.4TEGORY: Property Acquisition Public Hearing I�EPART��ENT: Land Preservation Public Hearing Pindar Vineyards Dev Rights 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 Tuesda_y, July 26, 2016, at 7:31 pm, Southold Town Hall, 53095 Main Road, Southold, New York as the time and nlace for a public hearin� for the purchase of a development ri�hts easement on property owned by Pindar Vineyards LLC. Said property is identified as part of SCTM #1000-59.-3-28.5. The address is 43295 County Road 48 in Southold. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the northerly side of County Road 48 approximately 400 feet westerly from the intersection of CR 48 and Horton Lane in Southold,New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 30.1f acres (subject to survey) of the 32.6f acre parcel. Southold Town Board Meeting July 12, 2016 page 21 The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $60,000 (sixty thousand dollars) per buildable acre for the 30.1f acre easement plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. ✓Vote Record-Resolution RES-2016-675 0 Adopted ❑ Adopted as Amended ❑ Defeated -- - � � - - Yes/Aye No/Nay Abstain Absent ❑ Tabled ------------ ---- --- - - - ❑ Withdrawn James Dmiz�o Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover C✓I ❑ ❑ ❑ ❑ Tax Recerver's Appt Jil1 Doherty Voter 0 ❑ ❑ ❑ ❑ Rescmded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder � ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter � ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-676 CATEGf3IdY: Employment-Town DEPARTMENT.• Accounting Hire Pump Oz�t 13oat Operator RESOLVED that the Town Board of the Town of Southold hereby appoints James Finora to the seasonal nosition of Pumpout Boat Operator for the Trustees effective July 13, 2016 through October 31, 2016 at a rate of$16.00 per hour. ✓Vote Record-Resolution RCS-2016-676 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter � 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Superv�sor's Appt Lou�sa P Evans Mover Cd ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ' ❑ ❑ Rescmded Southold Town Board Meeting July 12, 2016 page 22 ❑ Town Clerk's Appt ❑ Sup[Hgwys Appt ❑ No Action ❑ Lost 2016-677 CATEGORY.• Bid Acceptance DEPART1t�ENT: Town Clerk Accept Bids of Grade A Petroleum Corp for Lubricants and Fluids RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Grade A � Petroleum Corporation to supply the Town with additional lubricants and fluids for the term of one (1) full year after the bid was awarded, as submitted in the bid and all in accordance with the Town Attorney. ✓Vote Record-Resolution RES-2016-677 ` � Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _.__.. .______ _.____. __._.�___ ❑ Withdrawn James Dmizio Jr � Voter "0 T�T� O� ^� ❑ Superv�sor's Appt W�11iam P Ruland , Mover 0 ❑ ❑ ❑ ❑ Tax Rece�ver's Appt Jil1 Doherty Voter � ❑ ❑ ❑ ❑ Rescinded Robert Ghos�o Mover � ❑ ❑ ❑ ❑ Town Clerk's Appt Lou�sa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter L�f ` ❑ ❑ ❑ ❑ No Act�on ❑ Lost 2016-678 CATEGOI�PI:• Committee Appointment I�EPAR71l1Eh'T: Town Clerk Appoint Transportation Cof�amission Members RESOLVED that the Town Board of the Town of Southold hereby appoints Thomas Loreto, Jr and Nicholas Mazzaferro to the Southold Town Transportation Commission effective immediately, both terms to expire March 31, 2019. ✓Vote Record-Resolution RES-2016-678 � Adopted Yes/Aye No/Nay ' Abstain Absent ❑ Adopted as Amended James Dimzio Jr Mover � � ❑ ❑ ❑ Southold Town Board Meeting July 12, 2016 page 23 ❑ Defeated Wdliam P Ruland Voter C�J ' ❑ ❑ ❑ ❑ Tabled Jdl Doherty Voter L�I ❑ � ❑ , ❑ ❑ W�thdrawn Robert Ghosio Seconder 0 ❑ � ❑ ' ❑ ❑ Superv�sor's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ � ❑ ❑ Rescmded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2016-679 CATEGORY: Employment-Town DEPARTII�SENT.• Accounting Appoint Part Time Assistant Town Attorney RESOLVED that the Town Board of the Town of Southold hereby appoints Damon Ha�an to the position of part-time Assistant Town Attorney effective July 18, 2016 throu�h December 31 2016 at a rate of$60 er hour. ✓Vote Record�-Resolution RES-201G-679 L�f Adopted ❑ Adopted as Amended - ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled � - - James Dm�z�o Jr ; Voter 0 ❑ ❑ ❑ ❑ Wrthdrawn ❑ Supervisor's Appt �✓��am P Ruland � Seconder � ❑ ' ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty i Mover 0 ❑ � ❑ ❑ ❑ Rescmded Robert Ghosio � Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans , Voter � ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell � Voter � C�J ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-680 CATEGORY: Contracts,Lease&Agreements DEPARTIVIEN7:• Town Attorney Ken Reeves Consulting RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Southold Town Board Meeting July 12, 2016 page 24 Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and Ken Reeves to provide consulting services two days a week at an hourly rate of$40.00 an hour, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2016-680 � Adopted ❑ Adopted as Amended ❑ Defeated � Yes/Aye No/Nay Abstain Absent ❑ Tabled _ _._.. ____.� _____ _ ❑ Wrthdrawn James Dm�zio Jr Voter ' � ^ ' ❑� � O� ❑ ❑ Superv�sor's Appt W��liam P Ruland Mover • � � ❑ ❑ ❑ ❑ Tax Recerver's Appt Ji11 Doherty Voter � C�1 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter ' 0 ❑ ❑ ❑ ❑ Town Clerk's Appt � Louisa P Evans Seconder 0 ❑ ❑ ❑ , ❑ Supt Hgwys Appt Scott A Russell Voter Q � ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-681 CATEGORY: Contracts,Lease&Agreements DEd'ARTIYIENT: Town Attorney Retain Nelson, Pope & Voorhis, LLC RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to retain Nelson, Pope &Voorhis, LLC for services in connection with SEQRA review for The Standard Subdivision of Harold Reeve & Sons (SCTM#1000-140-1-6), in accordance with their Professional Service Contract dated May 16, 2016, at a cost not to exceed $4,500.00, subject to the approval of the Town Attorney. ✓Votc Record-Resolution RES-2016-681 � Adopted ❑ Adopted as Amended ❑ Defeated -- - � ' - - - -- Yes/Aye No/Nay Abstain Absent ❑ Tabled ___ _.__ __ _, _ ❑ Wrthdrawn James Dmizio Jr ' Voter 0 ❑ ❑ ❑ ❑ Superv�sor's Appt W��am P Ruland , Voter Q ❑ � ❑ ❑ ❑ Tax Recerver's Appt .1i11 Doherty Voter Q ❑ ❑ ❑ ❑ Rescmded Robert Ghos�o Seconder Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover � p ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost c Southold Town Board Meeting July 12, 2016 page 25 2016-682 CAa"EGORY: Support/Non-Support Resolution I�EPAIZTMENT.• Town Attorney SC Blueway Trail RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a letter of support in favor of Suffolk County's application for a State grant to create a Suffolk County Blueway Trail. ✓Vote Record-Resolution RES-2016-682 ' � Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain , Absent ❑ Tabled ❑ Wrthdrawn James Dm�zio Jr Voter � ❑ ❑ ❑ ❑ Supervisor's Appt W�lliam P Ruland Voter � ❑ ❑ ❑ ❑ Tax Receiver's Appt J>»Doherty ' Voter � ❑ ❑ ❑ ❑ Rescinded Robert Ghos�o Mover Q ❑ ❑ ❑ ❑ Town Clerk's Appt � Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter � 0 ❑ ❑ ❑ ❑ No Act�on , ❑ Lost 2016-683 CA7'EGO�Y: Enact Local Law I)EP 9RTMENT.• Town Clerk LL RegardingAffordable Housing TO BE WITHDRAWN AND RE-SCHEDULED not correctly.noticed WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 14t�' day of June, 2016, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zonin�, in connection with the Affordable Housin�District" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, now therefor be it Southold Town Board Meeting July 12, 2016 page 26 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, Zonin�, in connection with the Affordable Housin�District"reads as follows: LOCAL LAW NO. 2016 � A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zonin�, in connection with the Affordable Housin�District". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of these Amendments is to allow more flexibility in the design of Affordable Housing Districts in order to expand the opportunities for the creation of moderate income housing within the Town. II. Chapter 280 of the Gode of the Town of Southold is hereby amended as follows: &280-25. Definitions. PERMANENT FIXED IMPROVEMENT An improvement to a lot or a moderate-income family dwelling unit which cannot be removed and which provides value to the property above and beyond repairs done to maintain the property in good condi`tion. A permanent fixed improvement must be approved in advance of construction or installation in writing by the Government Liaison Officer cr�^��' Dr�;�^+� �'^^ra;r�+^r GOVERNMENT LIAISON OFFICER The employee of the Town who is responsible for the development, implementation and coordination of the housing registry and affordable housing initiatives for the Town of Southold. & 280-26. A�plicability. AHD Districts shall be established by the Town Board on parcels of land that have been � identified through the accepted principles of Smart Growth planning as being appropriate and desirable locations for affordable housing. Such locations include, but are not limited to: land within Hamlet Locus Zones, as may be determined by the Town Board; land within walking distance of services, shops, schools, and public transportation; land that adjoins existing centers of business and residential development (as opposed to land adjoining farm and open fields); and other locations where the project has been shown to meet a demonstrable need. AHD Districts shall be designated by Town Board resolution after a public hearing thereon, upon 10 days' notice thereof by publication in the official Town newspapers. � 280-28. Bulk, area and parkin�re�ulations. � [Amended 8-26-2014 by L.L. No. 10-2014] A. No building or premises shall be used and no building or part thereof shall be erected or Southold Town Board Meeting � July 12, 2016 page 27 � altered in the AHD District unless the same conforms to the following Bulk, Area and Parking Schedule: � � Bulk, Area and Parking Schedule Minimum Requirements MIFDU Owner MIFDU Tenant Occupied Occupied � Total lot area(square feet) 10,000 10,000 Lot width (feet) 80 8,0 Lot depth(feet) 100 100 Front yard (feet) 35 35 1 side yard (feet) 15 15 Both side yards (feet) 25 25 ' Rear yard (feet) 35 35 Minimum livable floor area (square feet 850 450 per dwelling unit) Off-street parking spaces (per dwelling 2 2 unit) Land area for yield (square feet per 10,000 10,000 dwelling unit) - T .,,,a „ o., av„�;+.,�,,,,,,,� �,.��,.,�� ,.o„+�� .�ggg - ,,;+� ;,, T iTT�'T1T T+o,-,.,,-,+ .. ;o.l - ��cA1��+. /�,,,,.,,-o �o�/.l.,�oll;,,..,,,,;+ �.-ropiir io�� ,-�,,,,, Qcn e �o�„r+„ cnoi „��t,o +,.��i „ ,....i.v,. ,.�„r;�� ;,, ��,o ,ao<>ot„r,,,or�� MIFDU Tenant Occupied Dwelling units 3,300 less than 850 sq, feet � B. Notwithstandin�the bulk schedule set forth in subsection (A) of this section, there shall be no more than 24 dwellin�units on any one site. C. � Authority to amend requirements and specifications. (1) The Planning Board shall have the authority to reduce or amend yard setback requirements, lot dimension requirements, parking requirements, and highway specifications. In making this decision, the Planning Board shall take into consideration . the benefit to the applicant, as weighed against the detriment to the health, safety and welfare of the neighborhood or community. In making such determination, the Planning ' Board shall also consider: (a) Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the amendments; Southold Town Board Meeting � � July 12, 2016 page 28 (b) Whether the benefit sought by the applicant can be achieved by some method, " feasible for the applicant to pursue, other than the sought variance; � (c) Whether the variance is substantial; (d) Whether the proposed variance will have an adverse effect or impact on the physical . or environmental conditions in the neighborhood or district; and (e) Whether the alleged difficulty was self-created, which shall be relevant to the decision but shall not necessarily preclude the proposed amendment or variance. (2) This provision supersedes and amends New York State Town Law §§ 267, 267-a, 267-b and 267-c insofar as these sections give such authority to the Zoning Board of Appeals. Any amendment to highway specifications shall meet with the approval of the Highway Superintendent. 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-2016-683 C�1 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - - ❑ W�thdrawn James Dm�z�o Jr Voter 0 ❑ ❑ ❑ ❑ Superv�sor's Appt _ W�11iam P Ruland Voter � ❑ ❑ ❑ ❑ Tax Recerver's Appt J�ll Doherty Voter C�] ❑ ❑ ❑ ❑ Rescmded Robert Ghos�o Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Lomsa P Evans Mover 0 ❑ ' ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter . � ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-684 �'9TEGOR�:• Local Law Public Hearing DL'PART.I�IL'_�%T: Town Clerk Set PH 8/9 4:32 Pm-LL Regarding Affordable Housing NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 12th day of July, 2016,,a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zonin�, in connection with the Southold Town Board Meeting July 12, 2016 page 29 Affordable Housin�District" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 9th day of August,2016 at 4:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zonin�, in connection with the Affordable Housin�District" reads as follows: LOCAL LAW NO. 2016 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zonin�, in connection with the Affordable Housin�District". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of these Amendments is to allow more flexibility in the design of Affordable Housing Districts in order to expand the opportunities for the creation of moderate income housing within the Town. . II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: �280-25. Definitions. PERMANENT FIXED IMPROVEMENT An improvement to a lot or a moderate-income family dwelling unit which cannot be removed and which provides value to the property above and beyond repairs done to maintain the property in good condition. A permanent fixed improvement must be approved in advance of construction or installation in writing by the Government Liaison Officer cro,.;�i p,.,,;o,.�� r,,,,,.,�;,,.,+,,,. GOVERNMENT LIAISON OFFICER The � employee of the Town who is responsible for the development, implementation and coordination of the housing registry and affordable housing initiatives for the Town of Southold. § 280-26. A�plicability_ AHD Districts shall be established by the Town Board on parcels of land that have been identified through the accepted principles of Smart Growth planning as being appropriate and desirable locations for affordable housing. Such locations include, but are not limited to: land within Hamlet Locus Zones, as may be determined by the Town Board; land within walking distance of services, shops, schools, and public transportation; land that adjoins existing centers of business and residential development (as opposed to land adjoining farm and open fields); and other locations where the project has been shown to meet a demonstrable need. AHD Districts shall be designated by Town Board resolution after a public hearing thereon, upon 10 days' Southold�Town Board Meeting July 12, 2016 page 30 notice thereof by publication in the official Town newspapers. & 280-28. Bulk, area and parking regulations. [Amended 8-26-2014 by L.L.No. 10-2014] A. No building or premises shall be used and no building or part thereof shall be erected or altered in the AHD District unless the same conforms to the following Bulk;Area and Parking Schedule: � Bulk,Area and Parking Schedule - Minimum Requirements MIFDU Owner MIFDU Tenant Occupied Occupied Total lot area(square feet) 10,000 10,000 Lot width(feet) 80 80 Lot depth(feet) . 100 100 Front,yard (feet) 35 35 , 1 side yard(feet) 15 15 � Both side yards (feet) 25 25 Rear yard (feet) 35 35 Minimum livable floor area (square feet 850 450 per dwelling unit) Off-street parking spaces (per dwelling 2 2 unit) Land area for yield (square feet per 10,000 10,000 dwelling unit) r .,,,,a ., ., ,�o„�;+.,�.,,,,,,� �,. �,.�,,,ii ,.o„+.,i � �999 ,�,;+� ; T�TT�'TITT�o,,.,,.+ ,, v!7 �€�kz@}(�pni�i�. l�.,,,.,,-o �o+/.a.,.oll;,�.., ,,;� 0 t..��l „ „-,l,or .,F,,,,;r� ;,, +1,0 .70.,01.,�„�,o„+l MIFDU Tenant Occupied Dwelling units 3,300 ]ess than 850 sq, feet B. Notwithstanding the bulk schedule set forth in subsection (A) of this section, there shall be no more than 24 dwellin�units on anv one site. C. � Authority to amend requirements and specifications. (1) The Planning Board shall have the authority to reduce or amend yard setback � requirements, lot dimension requirements, parking requirements, and highway specifications. In making this decision, the Planning Board shall take into consideration Southold Town Board Meeting July 12, 2016 page 31 the benefit to the applicant, as weighed against the detriment to the health, safety and welfare of the neighborhood or community. In making such determination, the Planning Board shall also consider: (a) Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the amendments; (b) Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than the sought variance; (c) Whether the variance is substantial; ' (d) Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and ' (e) Whether the alleged difficulty was self-created, which shall be relevant to the decision but shall not necessarily preclude the proposed amendment or variance. (2) This provision supersedes and amends New York State Town Law §§ 267, 267-a, 267-b , and 267-c insofar as these sections give such authority to the Zoning Board of Appeals. Any amendment to highway specifications shall meet with the approval of the Highway Superintendent. III. SEVERABILITY If any clau�e, 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-2016-684 " 0 Adopted ❑ Adopted as Amended ❑ Defeated , Yes/Aye No/Nay Abstain Absent ❑ Tabled � ._. . .. ❑ W�thdrawn James Dm�zio Jr Voter 0 ❑ ❑ ❑ ❑ Superv�sor's Appt W�ll�am P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt ��Doherty Voter Q ❑ ❑ ❑ ❑ Rescmded Robert Ghosio Mover � ❑ ❑ � ❑ ❑ Town Clerk's Appt Lomsa P Evans Seconder Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter � ❑ ❑ ❑ ❑ No Achon ❑ Lost 2016-685 CATEC'OR�': Enact Local Law - Southold Town Board Meeting July 12, 2016 page 32 D�I'�I��7VIENT: Town Clerk Enact LL- Change of Zone ADF WHEREAS, there was presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 14th day of June, 2016, a Local Law entitled "A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of SCTM #1000-48-2-44.2 from LI (Light Industrial) to R-40 (Residential)"; and � WHEREAS, on July 1, 2016, the Suffolk County Department of Economic Development and - Planning deemed the subject change of zone a matter for local determination; and - WHEREAS, on July 7, 2016,the Local Waterfront Revitalization Program Coordinator found that the subject change of zone is consistent with LWRP standards; and • WHEREAS, on June 9, 2016, the Southold Planning Department recommended that the subject change of zone will not have a significant effect on the environment, that a Draft Environmental Impact Statement should not be prepared and that a negative declaration be adopted; and WHEREAS, on June 9, 2016, pursuant to §280-29(C), the Planning Board reviewed the subject � change of zone and issued a report supporting same; and WHEREAS, on July 12, 2016, the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law, at which time all interested persons were given an opportunity to be heard; and WHEREAS, the public hearing is officially closed; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency for the purposes of SEQRA review for the subject change of zone; and be it further RESOLVED that the Town Board of the Town of Southold hereby adopts a negative declaration for the purpose of SEQRA review and finds that the subject change of zone will not have a significant effect on the environment and that a Draft Environmental Impact Statement will not be prepared; and be it further � RESOLVED, that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled "A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of SCTM# 1000-48-2-44.2 from LI (Light Industrial) to R-40 (Residential)" which reads as follows: LOCAL LAW of 2016 Section 1. Purpose. The purpose of this Local Law is to amend the Zoning Map to change the zoning on the parcel � known as SCTM #1000-48-2-442 from LI (Light Industrial) to R-40 (Residential). Southold Town Board Meeting July 12, 2016 page 33 Section 2. Code Amendment. Based on the goals of the Town, and upon our consideration of the recommendations of the Town Planning Board, the Suffolk County Planning Commission, and the public comments taken at the public hearing and otherwise, we hereby amend the official Zoning Map of the Town of Southold as adopted by Section 100-21 of the Town Code to change parcel SCTM#1000-48- 2-44.2 from LI (Light Industrial)to R-40 (Residential). The property is located at 620 Corwin Street, Greenport,New York. Section 3. 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. Section 4. Effective Date � This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2016-685 � C✓f Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter ❑ � ❑ ❑ ❑ ❑ Superv�sor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Recerver's Appt Jd1 Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescmded Robert Ghosio Voter C�1 ❑ ❑ ❑ ❑ Town Clerk's Appt Lou�sa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action . ❑ Lost Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 4:52 PM in order to hold a public hearin�. RESULT: ADOPTED-[UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell VI. Public Hearin�s 1. 7/12 @ 4:32 Pm - LL Affordable Housirig District- to be cancelled and renoticed RESULT: WITHDRAWN Southold Town Board Meeting July 12, 2016 page 34 2. PH 7/12/16 @ 4:34 PM ADF Ventures Change of Zone RESULT: CLOSED [UNANIMOUS] 1VIOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Councilman Ghosio COLTNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold is considering the change of zone application of�ADF Ventures LLC regarding a portion of the property identified as 620 Corwin Street, Greenport, New York, SCTM #1000-48- 02-44.2, from LI (Light Industrial)to R-40 (Residential); and be it further NOTICED 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 the 12th day of July,2016 at 4:34 p.m. at Town ' Hall located at 53095 Main Road, Southold,New York, and directs the Town Clerk to publish notice of such application in the Suffolk Times not less than ten (10) days nor more than thirty (30) days prior to such 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 a portion of property identified as 620 Corwin Street, Greenport,New York, and on the Suffolk County Tax Map as Lot #1000-48-02-44.2 from LI (Light Industrial) to R-40 (Residential), All that certain plot, piece or parcel of land, lying, being and situate in Greenport, Town of Southold, County of Suffolk and State of New York, and more particularly being bounded and described as follows; Beginning at a point, said point being the corner formed by the intersection of the Easterly side of Ninth Street and the Southerly side of Corwin Street. Running along the Southerly side of Corwin Street South 88 degrees, 38 minutes, 20 seconds East, 625.84 feet to the point or place of beginning. Running thence South 88 degrees, 38 minutes, 20 seconds East, 174.13 feet, Thence South 07 degrees, 17 minutes, 40 seconds West, 43.97 feet, Thence along the Northerly side of Long Island Railroad South 84 degrees, 11 minutes, 40 seconds West, 1,77.66 feet, Thence North 07 degrees, 09 minutes, 00 seconds East, 66.24 feet to the point or place of beginning. Subject property consists of 9,541 square feet= 0.219 acre. Any person desiring to be heard on the proposed amendment should appear at the time and place above so specified. I do have an affidavit here, notarized, that this was publicly noticed on the Town Clerk's bulletin board, I have an affidavit here also notarized that this was a legal noticed published in the Suffolk Times. I have a memorandum from the Planning Office, at the request of the Town Board, the Planning Board has reviewed the request for a change of zone for SCTM # 1000-48.- 2-44.2 in Greenport from LI to R-40 and they support the request. I have a letter here from the Suffolk County Department of Economic Development and Planning, signed by the chief . planner, Andrew Freleng, that there is, determining that there is no apparent significant county- wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. I also have from the Planning Board, the state environmental Southold Town Board Meeting July 12, 2016 page 35 quality review, a negative declaration, also a determination of non-significance. And a memorandum from the LWRP coordinator, finding that this proposal is consistent with the LWRP. And that is it. Supervisor Russell SUPERVISOR RUSSELL: Okay, good. Would anybody like to address the Town Board on this particular local law? � Sill Kelly BILL KELLY: Bill Kelly, authorized agent for the owner. Just to let you know, I am here, so if there are any questions that need to be addressed, I am here. Supervisor Russell SUPERVISOR RUSSELL: Would anyone else like to address the Board on this? (No response). Closing Comments Supervisor Russell SUPERVISOR RUSSELL: That completes the agenda. I would invite anybody that would like to come up and address the Town Board on any issue to please feel free. Anne Murray ANNE MURRAY: Hi, I am Anne Murray, I am president of the East Marion Community Association, I am here about the Lavender Farm traffic and I have show and tell today. Inaudible. As you all probably know, we had our third, second weekend actually of really, really bad traffic in East Marion, that really led to gridlock and this weekend was worse than last weekend. And I just want to say that this is the third year in a row that we have experienced this problem and I think the town has been aware of it for a while but we don't seem to be able to take a proactive position on this and I know I spoke to Scott last week, he was great about getting us some traffic control this weekend, however, I think there is a consensus among people who live in East Marion that it wasn't enough. In fact, this weekend was worse. I sent Scott and the Board a photo that I took of an ambulance coming from Orient with police escort on Sunday afternoon about 4:00. Why do we need a police escort for an ambulance? And had the traffic been, you know, had there been an accident or something else, they wouldn't have gotten through even with an escort. So I am here because I got a lot of calls from neighbors, residents in East Marion, people are afraid that there is going to be a life and death situation. So I ask that you hav,e more people there next weekend, possible speak to the owner. I don't know what can be done about it, I think off-site parking is probably the only way to keep that business operating. And keep in mind, now that it's so popular, even if the bloom is off part of the farm, that is not going to stop people from coming out because how do they know that? I mean he has gotten so much business from the city now that the crowds just keep on coming, you know, we can't handle it. We don't have any other place for these people to go, as you well know. I was on Rocky Point Road on Sunday afternoon and this is a photo of someone blocking the farm road at Southold Town Board Meeting July 12, 2016 " page 36 Sep's. There's clearly a gate there and a driveway and then someone was pulling in to park in front of this fire hydrant, so I took a picture of it and then I went over and said, excuse me, you can't park here there's a fire hydrant and they just backed away without saying anything but there were blocked driveways, blocked fire hydrants. The traffic control officers were issuing tickets but frankly, the traffic was so bad at some points, they just let people park where it said no standing because they couldn't get over there to write tickets. So obviously something has to be done. I am going to pass to you some more of these photos and if you can get there, you should come next weekend and see what it's like because it's not pretty. Thank you. Tom Brischler TOM BRISCHLER: my name is Tom Brischler, my wife and I own a home at 9780 Main Road East Marion, it's right on the corner of Main Road and Cemetery Road. Coincidentally, this weekend we had a permitted yard sale at our home which was scheduled for Saturday but we utilized the rain date and had it on Sunday, and we have been here for six years and we are here most weekends and we literally from 2:00 till about 5:00 watched traffic stopped dead coming from the east going west and it was because pretty much, I am pretty sure it was caused by the gridlock coming from the Lavender Farm. I am not here to try to take away anybody's livelihood but we tried to get out at one point after, around 12:00 and after that when we saw that the traffic jam was building, we literally didn't leave the home. If I might suggest and I think what really needs to be done in a situation like this, as Anne just said, about off-site parking. On the way to the meeting today, we went past the skateboard park on Moore's Lane. There's parking there, probably you could put 300 cars at that site. I really think that something, such as this proposal, needs to be done during these heavy weekends at the Lavender Farm. I think a sign could be put up on Middle Road right before Moore's Lane coming west, going east, excuse me, telling people that parking for Lavender Farm is just to the right, make a right on Moore's, have the Lavender Farm pay for a shuttle bus to bring people down there. They could drop people off on the side, drop people off, they could go down to Schoolyard park or even before that, they could pull into Rocky Point Road, somewhere, and then turn around and go pick up the next batch of people. The problem, I think, is really somebody is going to get really badly hurt in this gridlock. I am not trying to disparage anybody's driving techniques but the people that come and visit the Lavender Farm, they don't understand you can't just make a U-turn on this Main Road, it's really, very, very bad. And I am even talking about people who might get hurt who are parking down Rocky Point Road and then crossing over. I respectfully thank the town for bringing the traffic control person in but it's not enough and it really, the traffic control people were doing the best they could as Anne said but it really is a very serious accident waiting to happen. I think the only solution to this is, is to require the people at the Lavender Farm to provide off-site parking, work hand in glove with maybe the Village of Greenport and the Town of Southold to have the people park someplace else and then shuttle people in and out. Thank you very much. SUPERVISOR RUSSELL: I appreciate what you are saying and I agree with everybody that's here,just one of the things we did, the first weekend got a bit out of hand, we did meet last week, we had the chief there, the director of Planning etc and the chief said he is going to commit more resources to the thing last week and he told me he was going to put a highway patrol, a regular patrol, two TCO's and from time to time a sergeant. It wasn't enough. The infrastructure isn't Southold Town Board Meeting July 12, 2016 page 37 there to support no matter what you do. So we have got a short term issue to get through the next few weeks and then we have got a long term issue. I think the long term issue is solvable at this point. I researched that property and I was completely unaware of the fact that not all of the development rights have been sold. Now when you sell development rights, there's restrictions using the parking and the owners did go to Suffolk County Planning last year and got permission to use some of the property for parking, there's three acres in the back that they own that there's no reason why that's not utilized for parking. And that's an issue I am going to press the owners on and the owner's attorney. Right not it's planted in lavender, I am sorry but you can't produce from every square foot of your farm. Three acres would easily accommodate 300 cars. Also, I am going to go to the county again and say, look, you allow retailing on PDR, development rights sold property, you allow retailing but you don't allow the parking that's going to support the retailing, so they are working at cross purposes there and they are going to have to come into the fold and help solving this problem as well. That's going to be a long term issue. For the short term we are going to meet again tomorrow to figure out what we can do about addressing it this weekend. I don't think the short term parking is going to work so quickly. I think people are creatures of habit. If the signs are there or not, they are going to go there anyway. And if they go there with temporary no parking signs on the Main Road, they are going to turn around and create the same problem. so we are certainly going to look at the feasibility of that tomorrow, right now, I have to say with all due candor, I am stumped as to what we can do to address next weekend but it's not that we are not trying. Who else would like to address the Town Board? Bob Hanlon BOB HANLON: I am Bob Hanlon, I live in Orient and today I am speaking as an individual. A few years ago, my father, my elderly father who is 91 fell and had a head injury and had to be rushed to ELIH. I am very happy it didn't happen one of these past two weekends because there would be no way he could have gotten there in a timely manner. The ambulance in Orient depends on the one road we have and there was no way, except through the police escort and that clearly wouldn't have worked in a lot of the situations I saw as I was trying to get through there last weekend. I saw a car,just east of the lavender farm, obviously finished their shopping who proceeded to make a k-turn to turn around and go home, in the middle of the road, in the middle of the traffic. And they weren't within easy reach of the police officers who maybe could have done something to them. But it really is something that is out of control. The fire district in Orient and the ambulance corps in Orient rely on East Marion to assist if we have emergency management that exceeds our capacity and vice versa and on days like these past weekends, neither of the departments could have been able to assist each other in a meaningful and timely fashion. So this is a critical issue, as the Board is well aware, and I do appreciate the efforts they are making, we are an island except for that road and if something happens to us, we cannot get out except by plane or boat and that's not really the way we want to have to leave. Ironically, our friends in East Marion suffer more because it's right in their front yards but in Orient we are feeling it as well. We appreciate every effort that the Board and the Supervisor have indicated that they are going to try and make, to try and find a resolution both short term and long term but it really is reaching a very significant and burdensome level. Thank you. Southold Town Board Meeting July 12, 2016 page 38 SUPERVISOR RUSSELL: One of the things I would suggest, by all means come on up, but in the meantime let me just suggest, I don't know if representatives from the East Marion community association would welcome an opportunity to meet with the owner and representatives from the town tomorrow, to see if we can try to figure something out here. Because, I will get a hold of you and we will see what is convenient for everyone. We'll try to put something together,put everybody in a room and try to figure this out before next weekend. Jean Brischler JEAN BRISCHLER: Jean Brischler, East Marion. I just wanted to share also, I was sitting on my neighbors porch which is quite near the schoolhouse park and we saw many illegal u-turns happening there and you know, you have children playing, people riding bicycles and so on getting to the park, I also saw a white SUV go on the shoulder to get around a little of that, I don't know how much further down they got and when they had to merge in or whatever, we also noticed a family parking in the park and loading up and going down to the lavender farm, and we sat and watched a few other cars and thankfully they were going off to the tennis court and that's what that park is there for, it's for the swings, the tennis courts, those kinds of things and now there is some sort of spill off that people are thinking this is a great place to park and now the park won't be able to be utilized because people are going to be using it to walk down to the lavender farm. So but we watched quite a few interesting maneuvers. We did see the police car come back and forth but unfortunately, all these maneuvers happened when they were down further or somewhere else but you know, a lot of unsafe behavior. Thank you. SUPERVISOR RUSSELL: Thank you. Bill Higgins BILL HIGGINS: Good evening, Bill Higgins, Peconic. I was wondering if there had been any progress between the town and the county, DPW, concerning the dredging situation at Goldsmiths Inlet? SUPERVISOR RUSSELL: The dredging right now, we're slow but sure progress but dredging cannot happen right now because there are windows, there are tight windows under which dredging can take place. One of the problems is, the windows are very narrow, so you would go in there and you would dredge by January. The problem is that the severe weather takes place in February, March and April and closes it right back up, which you are not allowed to dredge by law. So we are looking to get some, we met with Congressman Zeldin, his staff, to see if we can get some relief at the federal level to allow us to start dredging. If we can dredge in the winter and then once more, maybe late spring or early summer, to keep the flow going. We are trying that as well. I am going to include in the budget that I propose this year, money, like I do every year, for dredging whether the county is willing to pay or not, we have to make sure that we have a plan. MR. HIGGINS: Does the county seem to be making any concessions towards picking up the responsibility and the cost of dredging not only the mouth but going back into the pond area? Southold Town Board Meeting July 12, 2016 page 39 SUPERVISOR RUSSELL: I would use word concessions but I would use the word they are listening. � MR. HIGGINS: Okay. Thank you. SUPERVISOR RUSSELL: Thank you. Anne Murray MS. MURR�IY: I forgot to mention before about the lavender farm traffic, that the fire department in East Marion, some of these folks that came out to the lavender farm parked in their parking spaces, which is not a good thing. That could have stopped the fire trucks from getting out. And also, there is a business on Rocky Point Road, the Garden Fusion, I am on their email list and they actually shut down on the 4th of July because of the traffic. They sent an email to all of their customers saying they would be open extra hours because their customers have called and said they can't get here. So they lost a lot of sales and I don't think it's fair that the lavender farm is hurting another business in East Marion. SUPERVISOR RUSSELL: Thank you. Would anyone else like to address the Town Board? Robert? ' Robert Dunn ROBERT DIJNN: Robert Dunn, Peconic. Like the woman who spoke earlier about the � fireworks that were really annoying over the weekend, there's not a whole lot you can do about it. But by us, the beach, it went on for five days. Tuesday night I actually called the cops, I had enough and for whatever reason, they were busy, they didn't come and I understand that, it was not a priority. There were some gentlemen there, it went on for 45 minutes, just tossing them into the water. So I let that go. Wednesday night, all over again. so I walked down to the beach. This time it wasn't fireworks, there was someone firing a gun. You got my email, I guess? That's against the law and there seems to be a misunderstanding in our police department as to what's legal about firing guns over water. And that just shouldn't happen. It's asinine. These guys were 75 feet from two kids playing in the sand. You have two children, would you want them next to a guy firing a gun? SUPERVISOR RUSSELL: Of course not. MR. DLTNN: It was on public land below the high tide mark. They were parked illegally on a road that's clearly marked for emergency use only. It shouldn't happen and if we need to spend some money to retrain our entire police department as to what is the law, then that needs to be done. SUPERVISOR RUSSELL: I agree. I think there's a misunderstanding as to what the public trust doctrine permits and what it doesn't permit. And I actually discussed that today. MR. DL1NN: I'm sorry? Southold Town Board Meeting July 12, 2016 page 40 SUPERVISOR RUSSELL: I actually discussed that today, that I think there's a real misunderstanding about what the public trust doctrine allows people to do and what it doesn't allow them to do. I think people think it's this.... MR. DLTNN: New York State DEC, you cannot discharge a firearm within 500 feet, crossbow within 250 feet or longbow within 150 feet of any school, playground, occupied factory, church, dwelling, farm building or any structure unless you own it, lease it, are an immediate member of the family, an employee that has the owner's consent. This does not apply to the discharge of a shotgun over water when hunting migratory gamebirds and no dwelling, public structure, livestock or person is in the line of fire. Implied in that would be that you can shoot waterfowl over it as long as there's no homes within the line of sight but that would be hunting season. Not the 6`" of July. SUPERVISOR RUSSELL: Right. MR. DLTNN: And I truly resent that I am not really speaking to anybody, but these two clowns turned to me and said, you must not be a year round resident. And this is our constitutional right. Nobody has the constitutional right to shoot a gun. The second amendment, a well-regulated militia, being necessary to the security of a free state, the right of the people to keep and to bear arms shall not be infringed. It says nothing about firing the weapon. And when I read this to a cop, he told me I was wrong because another cop who is a big duck hunter told him it only had to be 150 feet, so we have got a lot of ignorance in this, in our town both in the public and in the police sector. It needs to be corrected. It shouldn't happen. I want to say, I want to be clear that both of the officer's that came were courteous and thoughtful. The person I spoke to on 911, the same thing, everybody tried. But they are all misinformed. That has to stop. Do we need somebody dead? Do I have to become a Bill Shipman? To remind you that four girls are dead? I mean, does somebody have to lie dead on one of our beaches before these yahoos are taken off? And as you can tell I'm a little riled, this clown is telling me what his constitutional rights are, and that I am not a full-time resident and therefore I shouldn't say anything? well, A, I am a full- time resident and you can check with your Lauren, this full-time resident took 100 bags of garbage off the beach this summer, I would love to know what that clown has done. She had the trucks come and pick up two loads that I personally picked up before these clowns even got out of their snowshoes. So I mean,just, it's wrong. COLINCILMAN GHOSIO: What type of firearm was it? MR. DUNN: Shotguns. So I mean, what if somebody calls and a kid is standing 75 feet away... COLJNCILMAN GHOSIO: Oh, I totally understand. I was just curious......... MR. DLTNN: And that beach, that beach is town property. COLTNCILMAN GHOSIO: I know. MR. DUNN: Doesn't have to be allowed there, under any circumstances. I mean, there's plenty of guys that go and hunt in the pond there and I have never called before. That's hunting season. Southold Town Board Meeting July 12, 2016 page 41 It's in December, there's nobody on the beach. Or in November, there's nobody on the beach. This was July 6��'. And to give me lip? SUPERVISOR RUSSELL: I agree. I referred your concerns to the Chief.... MR. DLTNN: I'm sorry? SUPERVISOR RUSSELL: I referred your concerns to the Chief and I asked him to respond. MR. DLTNN: Oh, he responded to me. He responded to me and he responded to me fairly, and he responded in agreement with me but I am just kind of pushing it. I don't think you all know this. I don't think you know it. You know, we are not a little country backwater anymore. There's people all over. Thank you. SUPERVISOR RUSSELL: Thanks, Robert. Kate Sepenoski KATE SEPENOSKI: Kate Sepenoski, Sep's farm in East Marion. We certainly were affected by the traffic conditions at the lavender farm, this is the third year. Last year he came to us asking if we would provide off street parking and we did for one day and then we also spoke with our insurance agent and realized that that was not probably a good thing to do unless we had some more serious discussion about it because we would leave ourselves liable for the customers leaving our property to go to his. We also don't think as a family that it's something that we want to participate in in the future. That being said, the traffic was down Rocky Point Road, yes it was parking the entrance to my personal driveway, it did hinder the business. My husband worked very hard, planted corn on March 1 so we would have corn for 4th of July, quite an accomplishment considering three days of 20 degree weather and snowstorms and rain storms that froze. So, to not be able to sell that product to our valued customers in our community and our transient business that we have going back between Orient and the rest of the North Fork, was pretty disconcerting to us. We made the best of it, because what were we going to do? I would like to attend the meeting tomorrow, I would like find out what everyone else has to say, especially the owner. But the other thing that is very troubling to me and I appreciate the efforts that the town put in putting the traffic control measures in place. It did help protect the pedestrians that were crossing and they were the ones most at risk because they had no idea where they were going and what they were getting themselves involved in when they saw the advertisements to come to the lavender farm. So the traffic control that was in place, they had their hands full, for sure. And they were crossing the pedestrians and letting one at a time cross, rather than saying you know, you need to wait, maybe it's 15 people that will cross and that was also creating the lo�jam because it was literally one car through, one car, one person, one person maybe there's some solution in that but it's not going to solve this phenomenon that's happening. The most disconcerting thing to me, though, is the disregard by the owner to provide adequate health facilities. These people were desperate, there's no bathrooms, they were going to the fire department to use the bathrooms, he had some port a lav's on the property but they were not maintained, people could not even go in them and he shut them down. So I am trying to communicate with people who don't even speak the language, their desperate need and then Southold Town Board Meeting July 12, 2016 page 42 asking the police to try and intervene to maybe see if something could be done, again, at the fire ' department. That I think is the most troubling thing, the taking advantage of this community of people who are coming here because they are lead to believe it is a pilgrimage for them. So we are all being taken advantage of, the community and the patrons who don't even know what they are getting themselves into. They are arriving on the train and then they are walking from the Greenport train station to East Marion. It's beyond bounds. So, it's worse than the situation we see during the pumpkin season when we also suffer in business because the roads are jammed up. There's crossing but I think I see more group crossings than single crossings during that season. So there's quite a few things for the town to address with the owners so in the future not only are the people of East Marion, Orient and the surrounding community taken into consideration but the patrons who are going to his property. SUPERVISOR RUSSELL: Yes, there was a big discussion about some of the traffic that gets generated at some of the other farm stands particularly during pumpkin season but almost always there are other options because there's a North Road and there's a Main Road. There is no such thing in East Marion. There are two lanes and that's that. LJNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: Very good point. Walter. Walter Gaipa WALTER GAIPA: Walter Gaipa from East Marion. I make the suggestion with reservation, you had mentioned before that you don't think there's anything you can do. I know there's a special events law on the books in Southold Town that requires either individuals or businesses if they have a specific event, to fill an application, pay a $250 fee and prove that you have all kinds of parking and meet all kinds of other requirements. Maybe that can be brought in to address permanent businesses when they have special events like this, it may give the town some teeth to force an owner to come up with options. Right now, I don't think you have any leverage, I don't know, I don't think you have much leverage with him or any other individual, but if you brought in that law and it can be used somehow, I have reservations because when you brought in that law, could have far reaching effects that we don't want to have happen, it could affect other businesses but in this case, that would, if I am that owner of that farm I have to think of other options. Right now I don't have any incentive to think of other options. So maybe that's something to consider. We all know they have the US Open in Southampton every so often and they park cars at Westhampton Air Force base and they bus everybody out and they charge accordingly and it works. It's not something that hasn't been done before, and maybe that would just give you some guidance. SUPERVISOR RUSSELL: Yes, I would just speak to the issue, I think there's more we can do to develop leverage. Again, not to sound completely militaristic but how about temporary no parking for five miles in each direction next season if he doesn't accommodate parking on site? MR. GAIPA: Yes, and I think they would go 5.1 and then walk the rest of the way. Southold Town Board Meeting July 12, 2016 page 43 SUPERVISOR RUSSELL: There's three acres there, they could do a lot more. COUNCILMAN GHOSIO: I have heard stories of folks getting out of their cars and having picnics on people's front lawns. SUPERVISOR RUSSELL: Yes. LTNIDENTIFIED: Inaudible comments from audience. Walter Tramposch WALTER TRAMPOSCH: I am Walter Tramposch, on the corner of Rocky Point Road and Main Road. I am ground zero, okay? I have been quiet, polite, all these folks coming through. The first couple of years this was something we were absorbing. I have come to believe that a turn-around spot for my driveway has damaged my vehicles, picnics on my front yard. I can't even describe how many other garbage left, every Monday all Rocky Point Road, all through Sep's; garbage piled up all over. Just a complaint, it's not something that me, property that I have invested in, to see this go unchecked, week after week after week. It's not, oh, it's a couple of weeks of inconvenience, I've heard that. It's a lot more, it's yelling, it's screaming, there's fights in my driveway. I don't know their language. They spit on each other, it's not good. I have children, I had a birthday party two weeks ago. I can't find a place for my own guests to go and I've got solution after solution and I am thinking to myself, I could go to my business, my marina and get 400 trailers of empty boats and have all my buddies park them all the way down Rocky Point Road, you know, that's a protest. That's where my brain is going with this. Protesting it. Stopping it. It's not my, it's not the place I wanted to live, and then this happened. It's changed. Love my home, love my people. The neighbors, wonderful. It's got to have something here, it has got to stop. The five mile thing,best I have heard. Theo Panagopoulis THEO PANAGOPOULIS: Theo Panagopoulis. We were talking about the parking at the polo grounds in Greenport, would it be possible to utilize the shoulder of the causeway? I have heard they have been parking, they are coming out by the busloads now, and they, why can't, it's a state highway, right. Why can't you have them park there and then shuttle them from the causeway to the lavender farm? Would that work? SUPERVISOR RUSSELL: That's an issue that unfortunately, that's all regulated by the New York State DOT. That's not something the town could speak to. They are generally slow to respond to these immediate issues to be candid but again, I think the onus has to shift back to the owner here to solve some of these problems, there are some solutions there that haven't been looked at. Right now we are trying to do a temporary Band-Aid with all the police presence we can do but the infrastructure isn't there, but like I said, we have two problems. The problems over the next few weeks and the problems for the future. I think the problems in the future are solvable. MR. PANAGOPOULOS: And what compounds this which nobody has brought up, is the Cross Sound Ferry traffic. They do not buy gas, they do not buy lavender, they do not go to Sep's. you try crossing by the post office or deli, two weeks ago I had to sprint, it was about to close Southold Town Board Meeting July 12, 2016 page 44 and she is looking at me and I am like, how am I going to get across? I had to run, we are in desperate need of a pedestrian crosswalk, that's also DOT, I think. At Sep's and at the post office. My mom is on lock down from Friday night until Monday morning. I do not, you can't go to yard sales anymore, you can't go out. It's too dangerous for anybody but what are we waiting for, for a tragedy when we have a pedestrian...and then force it, not just paint lines but have an officer standing there and issue tickets. I mean, these people coming from Connecticut, everybody is talking about lavender farm but if anybody lives on Rocky Point Road, you are trying to turn out and they see there's a space and they nail it to not let you out and what do you do? I see people jumping out and eventually there's going to be a really bad accident there. so, please we are in desperate need of pedestrian crosswalks in East Marion. Sep's and by the post office/deli. SUPERVISOR RUSSELL: Yes, we had a request from the hamlet stakeholders years ago to put a pedestrian crosswalk there, I believe the request was made to the DOT at the state level, who turned us down at the time. But I will send it to the Transportation Commission to reach out to them one more time, to hopefully have common sense prevail on that. MR. PANAGOPOULOS: Please. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board? Benja Schwartz BENJA SCHWARTZ: Good afternoon, evening. What time is it anyway? 5:30? Is that it? What time is it? Lavender is supposed to be relaxing, I don't know. I really didn't come here to talk about the lavender. But police presence there a little bit is helping, I think it's helpful that all these people are getting involved, maybe this will be a good thing but I have been here for years trying to work with the town and with regards to the police presence, ironic that one of the best, if not maybe the best of our recently hired young local police officers was recently fired for no apparent reason at all, good or bad although there are a lot of bad reasons which have apparently been the only reasons that we can identify but I didn't really come here to talk about that specifically either, I am here all the time. looking at tonight's agenda, I apologize that I couldn't come earlier but I do have a job that required me to be there, I noticed that one young police officer from Southold Town police department is being privileged to attend a conference coming up, about 400 miles from here. So that's way up near, past Ithaca. I once considered going to school in Ithaca and actually took a ride up there to look at Cornell University but after that long ride, I didn't want to be that far away from home here. So that's a long trip for this officer to make here and in today's agenda of, it was said that the town, I assumed you voted to allow this person to go there. But there was no information on the economic impact of that decision, even though that's standard, something that could be provided. There could be at least an estimate. I estimate that that one officer going to that one conference will probably cost over $1,000 for the town and I base that on the cost of the conference and I don't know whether that officer or the town is a member of the association which is putting on the conference, but for the price of the membership, he could get a reduced rate signing up for the conference. It actually costs less if you join first. But we don't know that. There's a lot of things we don't know. Are there any, another issue that is currently in the news, the application to build a health club in Southold Town Board Meeting July 12, 2016 page 45 Mattituck. Does anybody have, I am unable to determine if the Zoning Board of Appeals ruled on the request for interpretation of Southold Town code? SUPERVISOR RUSSELL: I don't know if they have or not yet. MR. SCHWARTZ: You don't know? TOWN ATTORNEY DUFFY: Not yet. MR. SCHWARTZ: Not yet. And yet the Planning Board made a decision to require an environmental impact statement. My god, people might be healthier if we had a health club in town for the kids and also for seniors. This is also a health club that many seniors were looking forward to. in contrast, when certain brewery and bar were proposed for the center of Southold Town, there was so little environmental review required that when they applied for a loan for a small business loan, well, it's not so small but from the federal government, they were required to do environmental reviews for the federal government but Southold Town never required any environmental review for that business. Recently, passing that business I had to slow down because the traffic there now includes a pedal cart with what looked like a dozen drunk people driving on the side of the Main Road and the cart didn't fit on the shoulder, so it was hanging over the traffic lanes of the Main Road. I can't believe that's legal. I heard rumors that the brewery is going to expand with a restaurant. If that happens, then I can't wait for the wineries to all apply to have restaurants. They have got a brewery and a bar, the wineries at least pretended that they were serving tastes, rather than full bottles. SUPERVISOR RUSSELL: Can I just speak to that real quick? MR. SCHWARTZ: Sure. SUPERVISOR RUSSELL: Actually the brewery is located in a business zone. All the wineries but for the one across the street from King Kullen are located in AC zone or R-80 zone. So the underlying zoning is there for the brewery. MR. SCHWARTZ: For the brewery and the... SUPERVISOR RUSSELL: And the restaurant that they want to have. MR. SCHWARTZ: And the restaurant. SUPERVISOR RUSSELL: Yes. COLTNCILMAN GHOSIO: So they selected the right zoning. SUPERVISOR RUSSELL: That's right. They invested in the zoning they needed to have what they... Southold Town Board Meeting July 12, 2016 page 46 MR. SCHWARTZ: Okay, well, that's, maybe that will help. But even with the zoning I am not sure that we want the center piece of our town, probably the single most prominent business property in our town, to be devoted to beer and partying. Another example is the Christmas shop that is operating on a farm in Cutchogue, and I am not going to take the time to go into the details but as I recall, that shop was built and opened without any permits. Southold town sued the business, closed one in court, the business was closed and then some members of Southold Town board invited or suggested that the business be reopened as a quote, unquote, farm stand. Now that's, did we ever get a definition of a farm stand? I don't know but I think we do have definitions of farm stands that that business does not comply with the definitions, I think it's in violation of our law and I don't think that we can save farming by selling manufactured items from China in our farm stands. The traffic there is a hazard to my health every day. Whenever I leave my property on the Main Road. Another example, 50 acres of high density luxury housing. You knew I had to get to the Heritage, you know, some people think that's my one issue. It's not my one issue but it is a single most atrocious example of how this town is unable to handle land use regulation. That property is in a zone that was created for that property. That is a spot zone. At the time, two of the three owners were a prominent local Republican and a prominent local Democrat. Well, the Town Board gave them anything they wanted, including the change of zone. But the Planning Board at the time was run by a farmer, a rather independent man. And they, the Planning Board determined that an environmental review was required. The developer sued over that requirement and lost to the Town of Southold again. The Town of Southold won. Thirty years later, developers are still presenting unacceptable plans to the town and now the town has agreed to a quote unquote settlement, which we all agree is not a settlement because nothing has been settled, nobody is going to argue with that but it's called a settlement and it's supposedly legal. It's only legal because nobody has sued and challenged it and that settlement provides for an abbreviated environmental review of that project. Well, we'll see what happens with that. But now we have a proposal for a health club and they are being required to jump through hoops. Well, a health club, they can jump through hoops. I don't think so. I don't think that the Planning Board was doing due diligence. Seems that what I have heard about their determination was purely negative. We need to look at the positives too. I think that's what we need to do throughout government. The positives. You know, we have a comprehensive plan in progress, however, there has been a complete not just a refusal but a refusal to even give a reason why the comprehensive plan can't include a section and a plan for the town government. One of the largest businesses in our town, town government and there's no plan for town government. I have been trying to work with the town for many years to create a plan. I understand that you can't have a single plan for all the different agencies and officers and employees of the government but we do have a sort of a plan. It's on our website. But our website is being designed and maintained by an unqualified department. I don't think that there's anybody here that would consider the Information Technology department to be knowledgeable about website design and maintenance and functioning and yet you are the agency, the Town Board is the agency that is responsible. I would like to, I would love to hear, you know, it took over 5 years since you have been talking about, it's been over 5 years that you have been talking about putting up a facebook page. That hasn't happened yet, I am sure it's right around the corner but a facebook page isn't going to solve this town's problems. it wouldn't hurt but we have problems with communication and I appreciate your time today listening. Southold Town Board Meeting July 12, 2016 page 47 SUPERVISOR RUSSELL: Can I just speak to the recreational facility that you are talking about in Mattituck? And really, when the application was pending I can't comment but apparently the application isn't pending right now. But understand, first it's a recreational facility. It's desperately needed in the town, I think everybody concedes that. No one said no to the applicant. What the Planning Board do is they looked at, and I can't really explain everything they do or certainly defend or speak for them, what you are talking about is a building that was proposed that's bigger than the Capital One building right across the street. So for the Planning Board to pull back and say, you know, let's thoroughly evaluate community and environmental impacts is something you should champion. But that's all they are trying to do, is be thorough with that or any other application and I can't speak to the site plan in regard to the brewery but they did declare positive declaration on a conservation subdivision out in Orient recently. So I think they have shown that they are trying to be thorough in many applications. MR. SCHWARTZ: Well, I certainly want them to be thorough but I believe that the comments of the applicant that were reported that the decision to require an EIS at this late stage is mind boggling, after having spent over $100,000 on plans. This didn't just come before the Town of Southold, I think that you would agree that there are some problems in a process that goes on and on and an applicant is essentially assured that an application does meet the code although it would require a special exception and then at one point, the Planning board stepped back and said well, we don't really understand the code and we don't know whether this special exception applies or whether there is any provision in the code to permit this kind of facility. You know, it's just, we don't have a decision on that yet. SUPERVISOR RUSSELL: I agree 100 percent. MR. SCHWARTZ: If I was on the Zoning Board, I would have referred that immediately to the Southold Town code committee. You know, let them do their part, however, the Southold Town code committee is not operating legally pursuant to Southold Town code. That's a good one. SUPERVISOR RUSSELL: Can I address the process, and I agree with you 100 percent. What happens is when an application comes in, particularly if someone is going for a determination on special exception, the, both agencies, the ZBA won't do SEQRA, so they give it to the Planning Board and what they do is called concurrent jurisdiction. So the applicants going through the planning process while they haven't gotten the decision yet from the Zoning Board of Appeals. That's very unfair to the applicant. Very applicant unfriendly. The decision needed to be answered at the beginning at the front of the process, not half way through. So I agree, that's completely unfair to the applicant in that case and in many cases. I don't agree with concurrent jurisdiction, I think one board needs to be the lead agent, settle the issues before the expenses start to flow. I agree 100 percent. But I sincerely believe and hope that the applicant comes back to the Planning Board, says let's resolve these issues, let's work this out, what are your concerns and how do I mitigate those? Perhaps scaling it back or something along those lines. MR. SCHWARTZ: Well, I am not sure I have all the answers but I hope you do. SUPERVISOR RUSSELL: I don't. I probably have less than you, Benja. Southold Town Board Meeting July 12, 2016 page 48 MR. SCHWARTZ: Well, but there are some things that we can do to improve the situation. SUPERVISOR RUSSELL: Yes. MR. SCHWARTZ: And if you are willing to try to work together on that, then please contact me and I will get together but you know, if I come to meet with any one of you, I don't want to get referred to another department who doesn't really want to hear it or doesn't have the ability to hear it. We don't have anybody. You haven't really assigned the task of website development to any other department. I mean, the IT department is, in reality they are doing or they are trying to do the job. They are the ones that are being put in that position without the understanding or the knowledge or the time to do it, they are being stuck with that. but see, that is the key to understanding the Southold Town government in many ways because believe it or not, virtual reality is a part of ineat and potatoes, bricks and mortars, it's real and if you can't deal with that then you can't deal with your jobs. So I would like to try and help you but I can't do it if I've, time and time again, tried to lead this Board to water but they wonrt drink. I hope that changes. Thank you. SUPERVISOR RUSSELL: Thank you. Nancy Sawastynowicz NANCY SAWASTYNOWICZ: Good evening, Nancy Sawastynowicz of Cutchogue. Would it help with the lavender farm if their retail store was in the Village of Greenport? Has anybody thrown that one out? SUPERVISOR RUSSELL: I don't think that the Ag operation is interested in relocating its retail component, what's incumbent on us is make the Ag operation deal with their own parking and they have solutions there that we need to employ, that they start to employ. There's no reason why they are not working with us to solve it. Quite frankly, they sort of throw their hands up and say, well, we never expected this type of, and I agree with them, they probably didn't. But you know, what happened last season is happening this season, now you have a clear understanding how popular you are going to be, before next season the town needs to insist they solve their parking problem. However they do it, that's their burden. MS. SAWASTYNOWICZ: Okay. And I would like to say what a great job the police have been doing with all the illegal fireworks and I can't imagine having a rifle in the summer on the beach but it's totally out of hand, and I wish you wouldn't have approved that tonight for $100 because it's not even 4t�' of July anymore. It's out of hand. In Cutchogue on the beach they were, every night on the beach until July l Ot�' they were shooting off fireworks and it's a burden on the police department and I know they do a good job but how much can we spread them out? And speaking of the police department, I would like to make a statement about police officer Ganet Lake, who worked for the town for 17 '/z months, he won awards for doing great job for our town and how do you, the Town Board, reward him? By firing him. He is an outstanding police officer and had to deal with two horrific accidents. The limo crash and the Jamesport fire truck crash. He did his job during difficult arrests and did the right thing. So he ruffled some good old boy Republicans. I know how this works. You the Town Board get the call, get rid of him. I am disgusted by the actions of this Town Board. What would you have done if Officer Lake was Southold Town Board Meeting July 12, 2016 page 49 your son? Get rid of him for doing his job right and honest? I don't know how you can sleep at night. Our town has the grim problem with dealing with what happens here in the summer � season, whenever we call the police for help, they are always there doing the right thing, following the law but you the Town Board did the wrong thing and I am disgusted. Thank you. SUPERVISOR RUSSELL: Let me say for the record, that Officer Lake was dismissed for his job performance. He won one award, there are many facets to being a police officer than just arrests for DWI. He was made aware of the issues that were, or the expectations, all those things he was made aware of on several occasions, he was asked to make corrective action, he didn't. And let me tell you something else, I never met the Jamesport fire chief. I don't know anybody that knows him, I don't know any of the commissioners, I don't know where that came from and quite frankly.... ' MS. SAWASTYNOWICZ: Well, I have a good source. SUPERVISOR RUSSELL: And quite frankly, some guy jams himself up, that's his problem, not mine. So I have no idea where that came from and I never discussed it with anybody, no one has ever discussed it with me, that's ridiculous. MS. SAWASTYNOWICZ: It's not ridiculous. I have good sources in the Republican party. Thank you. COLTNCILMAN GHOSIO: Then name your sources. You are going to make accusations... SUPERVISOR RUSSELL: Jamesport fire chief, never heard of him, could care less about him. Benja Schwartz MR. SCHWARTZ: Sorry to come back up here, good evening, but I don't know if you should be speaking about a matter that's in litigation, Supervisor Russell. SUPERVISOR RUSSELL: He made job performance, he disclosed it publicly, he made it fair game and I am limiting my comments and I am going to wait for a court process so that everybody understands all of the facts. MR. SCHWARTZ: Okay. And when is it that the Southold Town police committee is meeting next time? SUPERVISOR RUSSELL: I don't know, they notice their meetings. I don't know. Oh, you are talking about the commission or the committee. The committee notices their meetings. MR. SCHWARTZ: Do they? SUPERVISOR RUSSELL: Yes. MR. SCHWARTZ: And are those notices posted in the appropriate places? Southold Town Board Meeting July 12, 2016 page 50 SUPERVISOR RUSSELL: Yes. MR. SCHWARTZ: I don't think so. First of all, I don't think anything is posted properly there but also if you look into the laserfiche and try to look up their meetings, the police committee was formed with a mandate that it meet, I think, and report to the Town Board once a month, something like that. The last meeting that's reported is sometime in the beginning of last year, something like that. I mean, I can't be specific exactly.... COUNCILMAN DINIZIO: You should be more specific. MR. SCHWARTZ: Well, you can look on the town's website and you will see the specifics. COLTNCILMAN DINIZIO: I am on that committee and we meet every month. MR. SCHWARTZ: You do? COUNCILMAN DINIZIO: Yes, we do. And we monthly notice it and it's on the calendar. MR. SCHWARTZ: Do you post... COLTNCILMAN DINIZIO: Yes, so look, take a look at it before you come here and say that. MR. SCHWARTZ: Do you post minutes? COUNCILMAN DINIZIO: Yes. MR. SCHWARTZ: Every month? COLTNCILMAN DINIZIO: They have, they weren't, until I got on that committee. They have minutes on that committee, yes. MR. SCHWARTZ: Well, last time I checked the minutes weren't there. COLJNCILMAN DINIZIO: Well, if you checked last year, that probably wasn't happening. MR. SCHWARTZ: You want to check right now? COLTNCILMAN DINIZIO: Would you like to? I can check for you right now. If you would like me to. MR. SCHWARTZ: Sure. Check the website, see what's on the laserfiche. Not the town website we are talking about, we are talking about the laserfiche. Southold Town Board 1Vleeting July 12, 2016 page 51 COUNCILMAN DINIZIO: Yes, sometimes they have trouble getting to that, I can agree with you, sometimes it has a hard time getting on to that part of it but you know, you really should investigate a little bit. MR. SCHWARTZ: But with regards to the job performance of Officer Lake, etc., your allegations, statement that it was issued regarded to his job performance.... SUPERVISOR RUSSELL: Solely. Solely job performance. MR. SCHWARTZ: It's contrary to the reported, with what was in the newspaper. SUPERVISOR RUSSELL: The newspaper reported verbatim what he submitted to the court.... MR. SCHWARTZ: No, no, no. The facts that we were privy to were that the Town Board held a meeting, fired him without even giving him a name,just using a number, is that the way we treat people that work for us for a year and a half? By firing them as number 5634528? No, and there was no reason given at the time of the firing. The reason there was no reason given is that he was still within his probationary period and a reason may not have been legally required. We will find out, we will see what happens in the court. Whether or not a reason is, New York State law may not require a reason but the federal government does and I think that if you are going to tell me that a reason was provided, that would be very surprising. When he was fired, he was fired without any reason given. So that makes people wonder what the reason is. COUNCILMAN GHOSIO: I am just concerned about how do you know these to be fact? You are saying an awful lot of stuff, you are giving testimony. You read it on the website, you read it in the newspaper, I don't understand where this comes from. SUPERVISOR RUSSELL: Let me point out, generally when we lay someone off or we dismiss them from service, we refer to their number not to their name as an effort so that it is their decision whether they want to disclose they have been laid off or not. We do that in the interest of confidentiality on behalf of the employee, it is at their discretion whether they want to disclose it or not. I don't think it serves their interest to start blurting names out unless they chose to. But solely for job performance. COLJNCILMAN DINIZIO: I will say this, even the lady before you, the facts that she spelled out aren't the facts I lived through. I can say that. SUPERVISOR RUSSELL: And I will say something else and then I will shut up once and for all, let me say something. Generally this is the part where the public official says I look forward to the day in court where the facts can come out, I am going to go further than that to say, I can't wait until that happens, so the public will understand what we have done and recognize that the decision we made was the right decision. MR. SCHWARTZ: Alright, well, you know, my dealings with that particular officer were always very positive, we can wait and see with that. Now, I am just looking, we were talking Southold Town Board Meeting July 12, 2016 page 52 about the code committee, I don't even see the code committee in the laserfiche database. The minutes of the code committee, where are they? COLTNCILWOMAN DOHERTY: You were talking about the Police Advisory. MR. SCHWARTZ: Oh, I was. That is the one I am looking at here and I see there are three months for which the minutes are posted here, two meetings in September of last year and one meeting in November of last year and that is it. And the committee has been around for how many years? It would be nice if maybe the town would make an effort to get the meetings for the police advisory committee into the appropriate place. SUPERVISOR RUSSELL: Fair point. MR. SCHWARTZ: An,d then maybe we could trust you. � SUPERVISOR RUSSELL: Fair point. MR. SCHWARTZ: Thank you. Supervisor Russell SUPERVISOR RUSSELL: Who else would like to address the Town Board 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 5:56 P.M. � �: � * � . �, Eliz eth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell