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HomeMy WebLinkAboutTB-07/26/2016 ELIZABETH A.NEVILLE OSpFFD(,� Town Hall,53095 Main Road , TOWN CLERK ��o� �o�y PO Box 1179 o � Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o � � Fax(631)765-6145 MARRIAGE OFFICER y�101,� ,�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 26, 2016 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, July 26, 2016 at the Meeting Hall, Southold,NY. � Call to Order 7:30 PM Meeting called to order on July 26, 2016 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name � Organization Title Status y Arrived . .. _ �,� ,. �_ . _ . _. .. James Dinizio Jr � Town of Southold = Councilman s Present ` .._...._�...__._�_.....�...._.....�.___� �..�..._._�.. _.. ..__..__....�...,.. ___._.�....�.�. _ ._._�...._..__..:._..nr_..__ . __�.. .�.._._._ - William P. Ruland � Town of Southold = Councilman ` Present ..___.�._......�..,,_ _ .____.._.�.� _ __...._.._... ._..�__�....�.._.�,..a_.�._.�..�_. _�__._.�.....� Jill Doherty � ��Town of Southold ? Councilwoman Present � _...l...�._w._. .. _.�.... . Robert Ghosio M��.�.�x � Town of Southold �Councilman ��Present ' _��,.,_. ..�.�.� . ..., ., , . .,,�.. . _.��... . Louisa P. Evans� � Town of Southold Justice � Present � �.�__._..�.., �.._...�..�._._..____��__�..�..._ . ._._�....�.._ .. _ _. .� Scott A. Russell Po��NM�� Town of Southold Supervisor µ � ; Present � 10:35 AM Elizabeth A.Neville � Town of Southold Town Clerk � Present mmWilliam M Duf �� � Mm � �' Town of Southold � Town Attorney � Present m�mT --._.._ fY I. Reports 1. North Fork Animal Welfare League Report 2. Planning Board Monthly Report . 3. Town Clerk Monthly Report 4. Trustees Monthly Report 5. Program for the Disabled Monthly Report 6. Land Tracking Report 7. Public Works Monthly Report Southold Town Board Meeting July 26, 2016 page 2 II. Public Notices III. Communications 1. Judge Hughes Monthly Report 2. Judge Price Monthly Report IV. Discussion 1. 9:00 Am -John Sepenoski 2. 9:15 Am -Anti-Bias Task Force 3. 9:30 Am - Chief Flatley 4. 9:45 Pm - Councilman Ghosio with Jim Harmon 5. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 10:29 AM/for the purpose of discussing the following matters: FAA Helicopters Agreement RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 6. Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 11:53 AM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:James Dinizio Jr, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 7. Justice Evans -Annual Fishers Island Town Board Meeting 8. Authorize Town Clerk to Advertise for Part-Time Community Relations Specialist 9. CPF Extension 10. Dumpsters on Residential Property 11. FI FEMA Extension Request 12. New Tax Cap Southold Town Board Meeting July 26, 2016 page 3 13. Councilman Ghosio -Water Use Regulations 14. Councilman Ruland -Update on the Highway Building 15. Discussion of Vending Trucks and Peddler Code 16. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 12:34 PM for the purpose of discussing the following matters: Proposed Property Acquisition— 1 lOAM Melissa Spiro, Michael Collins; Jamie Richter Labor—Employment history of a particular person Litigation - Cradit v. ZBA Town of Southold v. Vineyard 48 RESULT: ADOPTED [UNANIMOUS] , MOVER: Louisa P. Evans, Justice , SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell � 17. EXECUTIVE SESSION- Proposed Property Acquisition(S),Publicity of Which Would Substantially Affect the Value Thereof 18. EXECUTIVE SESSION-Litigation 19. EXECUTIVE SESSION-Labor-Matters Involving Employment of Particular Person(S) 20. Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 1:08 PM. RESUL'T: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice � � SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 21. Motion To: Recess 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby Recess this 9:00 AM meeting of the Town Board at 1:08 PM until the Regular 7:30PM Meeting of the Southold Town Board. . RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman � SECONDER:Scott A. Russell, Supervisor AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Motion To: Reconvenes 9:00 AM meeting Southold Town Board Meeting July 26, 2016 page 4 RESOLVED that the Town Board of the Town of Southold hereby reconvenes the 9:00 AM meeting of the Southold Town Board at this 7:30PM Regular Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] 1VIOVER: Scott A. Russell, Supervisor SECONI)ER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Pled�e to the Fla� Openin�Statements Supervisor Scott A. I�ussell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance. Thank you. At this time, I am going to invite anybody that would like to address the Town Board on any of the agenda items to please feel free? Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, lVIay 17,2016 ✓Vote Record-Motion � Yes/Aye No/Nay ' Abstain Absent James Dm�z�o Jr Voter C✓f ❑ ❑ ❑ C1 Accepted Will�am P Ruland Voter C�J ❑ ❑ ❑ ❑ Accepted as Amended Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Tabled Robert Ghosio Seconder C✓f ❑ ❑ ❑ Louisa P Evans Mover � ❑ ❑ ❑ Scott A Russell Voter C�J ❑ ❑ ❑ RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, May 31,2016 ✓Vote Record-Motion Yes/Aye No/Nay Abstain Absent James Dm�z�o Jr Voter Q ❑ ❑ ❑ C�J Accepted W�1Lam P Ruland Voter � ❑ ' ❑ ❑ ❑ Accepted as Amended Jdl Doherty Voter Q ❑ ❑ ❑ ❑ Tabled Robert Ghosio Seconder Q ❑ ❑ ❑ Louisa P Evans Mover � ❑ ❑ ❑ Scott A Russell Voter � ❑ ❑ ❑ V. Resolutions 2016-687 CATEGORY.• Set Meeting I1�I'.�1�7'1�TL'NT.• Town Clerk Next Town Board Meeting Southold Town Board Meeting . July 26, 2016 page 5 RESOLVED that the next Annual Fishers Island Meeting of the Southold Town Board be held, Wednesda Au ust 3 2016 at Fishers Island New York at 1:30 P.M. ✓Vote Record-Resolution RES-2016-687 � Adopted , ❑ Adopted as Amended ❑ Defeated �+ � Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dimz�o Jr Voter 0 ❑ ❑ ❑ ❑ W�thdrawn ❑ Superv�sor's Appt W�11iam P.Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Rece�ver's Appt 'Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescmded Robert Ghos�o Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt • Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Act�on ❑ Lost 2016-686 C�4TEGOR�:• Audit . D�PARTIVIENT: Town Clerk Approve Audit , ' RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated Jul 26 2016. ✓Vote Record-Resolution RES-2016-686 � ' ' 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled . ❑ Withdrawn James D�mzio Jr Voter � ❑ ❑ ❑ ❑ Supervisor's Appt W�lliam P Ruland Voter � ❑ ❑ ❑ ❑ Tax Recerver's Appt Jil1 Doherty Voter � ❑ ❑ ❑ ❑-Rescmded Robert Ghos�o Seconder � ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover � ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter � ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-688 C�TEGOI�Y: Set Meeting Z3E�tT'ARTt�lE1�'7': Town C]erk Southold Town Board Meeting July 26, 2016 page 6 Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesdav,Au�ust 9,2016 at the Southold Town Hall, Southold,New York at 4:30 P.M. ✓Vote Record-Resolution RES-2016-688 C�1 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - - - James Dimz�o Jr Voter � ❑ ❑ ❑ ❑ Wrthdrawn ❑ Supervisor's Appt W�11iam P Ruland Voter 0 ❑ ❑ ' ❑ ❑ Tax Recerver's Appt Jill Doherty Voter � ❑ ❑ ❑ ❑ Rescmded Robert Ghosio Seconder � ❑ ❑ � ❑ ❑ Town Clerk's Appt Lomsa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter � ❑ ❑ ❑ ❑ No Action ❑ Lost ' 2016-689 � � CATEGORY: Budget Modification � � DEPAIZT11�E1Y1': Accounting Budget Modification for Community Development Financial Impact: � Provide appropriation for cell phone service for Government Liaison O�cer � , ' RESOLVED that the Town Board of the Town of Southold hereby modifies the 2016 Community Development budget within the General Fund Whole Town as follows: From• A.8660.1.100.100 Full Time Regular Earnings $425 Total $425 To: A.8660.4.200.100 Cellular Telephone Service $425 � Total $425 ✓Vote Record-Resolution RES-2016-689 0 Adopted Yes/Aye No/Nay � Abstain Absent ❑ Adopted as Amended ]ames Dm�zio Jr Mover 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Seconder 0 ❑ , ❑ ❑ ❑ Tabled .lill Doherty Voter C�1 ❑ ❑ � ❑ ❑ Wrthdrawn Robert Ghos�o Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Voter C�J ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ � ❑ Southold Town Board Meeting July 26, 2016 page 7 ❑ Rescmded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2016-690 CATE(TOI�Y.• Budget Modification DEP�IZT�'f�"L'NT: Accounting Budget Modification for Road End Restorations Firrancial Impact: Provide additional appropriation for Road End restorations, 90%funded by FEMA RESOLVED that the Town Board of the Town of Southold hereby modifies the 2016 budget as follows: General Fund Whole Town Decrease A�propriations: A.1990.4.100.100 Unallocated Contingencies $ 2,500 Increase Revenues: A.4960.10 FEMA Aid 22,500 Total $25,000 Increase A�propriations: A.1620.2.500.750 Road End Restoration $25,000 Total $25,000 Hi�hway Fund Part Town Decrease Appropriations: DB.5110.4.100.200 Fuel/Lubricants $ 5,000 Increase Revenues: DB.4960.50 FEMA Aid 45,000 Total $50,000 Increase A�propriations: DB.5110.4.400.800 Road End Restoration $50,000 Total $50,000 ✓Vote Record-Resolution RES-2016-690 0 Adopted � -` � � " � Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended . _ . _ ❑ Defeated .lames Dm�zio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Seconder C�] ❑ ❑ ❑ ❑ W�thdrawn Jil1 Doherty Mover ' I✓7 ❑ ❑ ❑ ❑ Superv�sor's Appt Robert Ghosio , Voter 0 ❑ ❑ ❑ Southold Town Board Meeting July 26, 2016 page 8 ❑ Ta�c Rece�ver's Appt Louisa P Evans Voter Q ❑ ❑ ❑ ❑ Rescmded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2016-691 CATEGORY.• Budget Modification 13EPARTIV�EN�': Solid Waste Management District SWMD Budget Mods Financial Impact: Address overdrawn lines. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2016 Solid Waste Management District budget as follows: From• SR 8160.1.100.300 F/T Employee Vacation Earnings $1,500 SR 8160.4.100.110 Pre-printed forms 200 SR 8160.4.100.200 Diesel Fuel 2,500 Total $4,200 To: SR 8160.1.100.500 F/T Employee Holiday Pay $1,500 SR 8160.4.100.125 Misc. Supplies 200 SR 8160.4.100.552 Maint/Supply Volvo Loader 2,000 SR 8160.4.100.573 Maint/Supply Trommel Screen 500 Total $4,200 ✓Vote Record-Resolution RES-2016-691 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled . ❑ Wrthdrawn James Dmizio Jr ' Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt W�11iam P Ruland � Mover Q ❑ ❑ ❑ ❑ Ta�c Receiver's Appt •����Doherty Voter 0 ❑ ❑ ❑ ❑ Rescmded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder � ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter C✓1 ❑ ❑ ❑ ❑ No Action ❑ Lost Southold Town Board Meeting July 26, 2016 � page 9 2016-692 CATEGORY: Contracts, Lease &Agreements DEPARTM��1rT: Engineering . Change Order#4 W/Construction Consultants/LI, Inc. -Highway Maintenance Building RESOLVED that the Town Board of the Town of Southold hereby approves Change Order#4 to the Town of Southold Highway Maintenance Building Project Contract with Construction Consultants/LI, Inc. in the net amount of$5,546.30,pursuant to their Proposed Change Order dated July 18, 2016, subject to the approval of the Town Engineer and Town Attorney. ✓Vote Record-Resolution RES-2016-692 - Lf Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - - - - James Dm�zio Jr Voter C�1 ❑ ❑ ❑ ❑ W�thdrawn ❑ Superv�sor's Appt W�»iam P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Recerver's Appt � Jill Doherty Voter � ❑ ❑ ❑ ❑ Rescmded Robert Ghos�o Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Lomsa P.Evans Mover � ❑ ❑ ❑ ' ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Act�on ❑ Lost ' � 2016-693 , C'��'EGORY.• Budget Modification DEPAItT1�7ENT.• Accounting Budget Modification to Appropriate PAVE-NYState Aid Financiallmpact: " Appropriate PAVE-NYstate assistance RESOLVED that the Town Board of the Town of Southold hereby increases the 2016 Highway Fund Part Town budget as follows: Revenues• • DB.3589.00 ' PAVE-NY Capital Payments $95,996 - Appropriations: DB.51122.400.906 PAVE-NY Resurfacing/Recon $95,996 Southold Town Board Meeting July 26, 2016 page 10 ✓Vote Record-Resolution RES-201G-693 � Adopted ❑ Adopted as Amended ❑ Defeated ---- ---- ---- - -- r -- - - • - ' Yes/Aye No/Nay Abstain Absent ❑ Tabled . ❑ Wrthdrawn James Dm¢�o Jr , Voter � 0 ❑ ❑ ❑ ❑ Supervisor's Appt Wilham P Ruland Voter � ❑ ❑ ❑ ❑ Tax Receiver's Appt Ji11 Doherty Voter ' � ' ❑ ❑ � ❑ ❑ Rescinded Robert Ghosio Mover ; � ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 � ❑ ❑ ; ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No AcUon ❑ Lost 2016-694 Cf1TEGORI:• Employment-Town I�EI'ART11�'ENT.• Accounting NYS Employees Retirement Systenz for Calculation of Retirement Benefits RESOLVED that the Town Board of the Town of Southold/Location Code 30020 hereby establishes the following as standard workdays for elected and appointed officials and will report the following days worked to the New York State and the Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: T�tle Name Standard Term Part�cipates Days/ T�er 1 Not Work Begins/Ends m Employer's Months (Check Submitted Day T�me (based on only�f (Check box if (Hrs/day) Keeping Records member no record of System(Y/N) of is m Tier actrvrties Actrvities) 1) completed or timekeepmg system) Town Comptroller John A Cushman 1/1/16-12/31/16 Y ❑ ❑ 7 00 Deputy Town Comptroller Conme D Solomon 1/1/16-12/31/16 Y ❑ ❑ 7 00 Town Attorney William M Duffy 1/1/16-12/31/16 Y ❑ ❑ 7 00 Assistant Town Attomey Stephen F Kiely 1/I/16-12/31/16 Y ❑ ❑ 7 00 Ass�stant Town Attorney Damon Hagan 7/18/16-12/31/16 Y ❑ ❑ 7 00 Deputy Supenntendent of Highways Roger M Tabor 2/28/16- Y ❑ ❑ 8 00 12/31/16 Secretary to the Superv�sor Lauren Standish 1/1/16-]2/3]/16 Y ❑ ❑ 7 00 Secretary to die Town Attorney Mary L Shceck 1/1/16-12/31/]6 Y ❑ ❑ Southold Town Board Meeting July 26, 2016 page 11 �o0 BE IT FURTHER RESOLVED,that said standard is being established to meet the accounting requirements of the New York State Employees Retirement System for calculation of retirement benefits, and BE IT FURTHER RESOLVED,that the Town Clerk be and she hereby is authorized to send a certified copy of this resolution to the New York State Employees Retirement System. ✓Vote Record-Resolution RES-2016-694 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ .Tames Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Superv�sor's Appt Will�am P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Recerver's Appt Jill Doherty Voter C�7 ❑ ❑ ❑ ❑ Rescmded Robert Ghos�o Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Lou�sa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter � ❑ ❑ ❑ ❑ No Act�on ❑ Lost 2016-695 C�4T'EC;ORY:• Refund d�EPf9RT'M�'1VT.• Town Clerk Refund Disposal Sticker RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund to Peter Clark 702 Flint Street Greenport in the amount of$30.00, as he purchased a Residential Disposal Permit when he needed a Commercial Disposal Permit. ✓Vote Record-Resolution RES-2016-695 O✓ Adopted ❑ Adopted as Amended _ ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Voter L�I ❑ ❑ ❑ ❑ Withdrawn William P Ruland Seconder C�I ❑ ❑ ❑ ❑ Supernsor's Appt Jill Doherty Mover � ❑ ❑ ❑ ❑ Tax Recerver's Appt Robert Ghosio Voter C✓f ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Voter � ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter � ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Southold Town Board Meeting July 26, 2016 page 12 2016-696 CATEG�R�:• Budget Modification DEPfiRT�YIENT: Accounting Budget Modification for Street Light Power Financial Impact: Provide appropriation for Fishers Island Street Lighting previo�sly charged to Buildings & Grounds, corrected as of January 1, 2016 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2016 General Fund Whole Town budget as follows: From• A.1620.4.200.200 Buildings & Grounds, Light & Power $6,000 To: A.5182.4.200.250 Street Lighting, Street Light Power $6,000 ✓Vote Record-Resolution RES-2016-696 CI Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ W�thdrawn James Dmiz�o Jr Voter 0 i ❑ , ❑ ❑ ❑ Superv�sor's Appt William P Ruland ' Mover 0 ❑ ❑ ❑ ❑ Tax Recerver's Appt Jdl Doherty Seconder 0 � ❑ ❑ ❑ ❑ Rescmded Robert Ghos�o Voter � ' ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ' C✓1 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter � 0 ❑ ❑ ❑ ❑ No Action ❑ Lost - -- - - - - -- - -- - - 2016-697 CATEGORY: Employment-FIFD I3EPARTIi�E�1'T: Accowrting Inc��ease Salary of Edward Bridgman RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted July 18, 2016 that increases the salary of Southold Town Board Meeting . July 26, 2016 page 13 Edward Bridgman to $14.03 per hour effective July 21, 2016. - ✓Vote Record-Resolution RES-2016-697 � � Adopted ❑ Adopted as Amended ❑ Defeated � ; Yes/Aye , No/Nay Abstain Absent ❑ Tabled - - James Dmiz�o Jr Voter � ❑ ❑ ❑ . ❑ Withdrawn ❑ Supervisor's Appt W>»iam P.Ruland � Voter � ❑ ❑ ❑ ❑ Tax Rece�ver's Appt Jill Doherty Voter � ❑ ❑ ❑ ❑ Rescmded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ " ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ' ❑ No Action ❑ Lost 2016-698 CATEGORY: Bid�Acceptance I�EPART�I��VT: Highway Department � Award Misc Highway Items , RESOLVED that the Town Board of the Town of Southold hereby accepts the following bids for , miscellaneous Highway Department Equipment: - Name Auction Item Price Thomas Datre 1994 Mobil M84 Sweeper $1,225.00 Kenneth Gordon 2002 F250 Pick Up Fleet#285 $1,225.00 Michael Mujsce Sr 1981 Ford L-8000 Flatbed/Sander Fleet#220 $410.00 1985 GMC Brigadier Flatbed/Sander Fleet#223 $410.00 Alfred Greebe 1985 Ford F600G Dump Fleet#205 $27.00 1985 International 9V4 Dump Fleet#253 $290.00 ord-Resolution RES-2016-698 ted _ ted as Amended Yes/Aye No/Nay Abstain ted James Dmizio Jr Voter � ❑ ❑ d William P Ruland Voter 0 ❑ - ❑ � Irawn Jill Doherty Voter 0 � � ❑ ! v�sor's Appt Robert Ghosio Mover L�J ❑ ❑ ^ ece�ver's Appt � , Secon , nded Lou�sa P Evans der � � � Clerk's Appt Scott A Russell Voter � ❑ ❑ -Igwys Appt ' � ;tion Southold Town Board Meeting July 26, 2016 - page 14 2016-699 C�4TL'C(1RI:• Refund DEI'AllT1�TENT: Town Clerk Clean Up Deposit Returns 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 American Diabetes Association 10/19/15 $1500.00 � 1701 North Beauregard Street Alexandria, VA 22311 Transfiguration of Christ 6/10/16 $250.00 Greek Orthodox Church PO Box 814 ' Mattituck NY 11952 New Suffolk Civic Association 6/7/16 $250.00 PO Box 249 New Suffolk,NY 11956 Southold Yacht Club 6/2/16 $250.00 � PO Box 546 Southold NY 11971 ' North Fork Country Club 5/14/16 $250.00 PO Box 725 Cutchogue NY- 11935 Cutchogue New Suff. Historical 4/21/16 $250.00 PO Box 714 . Southold Town Board Meeting July 26, 2016 page 15 Cutchogue NY 11935 Mattituck Chamber 7/8/16 $250.00 PO Box 1056 Mattituck NY 11952 Oysterponds Historical 4/26/16 $250.00 PO Box 70 , Orient NY 11957 Southold Village Merchants 4/4/16 $250.00 PO Box 1356 Southold NY 11971 Mattituck Lions Club 1/21/16 $250.00 1125 Ole Jule Lane Mattituck NY 11952 ✓Vote Record-Resolution RES-2016-699 � Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye ' No/Nay Abstain Absent ❑ Tabled , - - - ❑ Wrthdrawn James Dmiz�o Jr ' Mover 0 ❑ ' ❑ ❑ ❑ Superv�sor's Appt W�11iam P Ruland Voter � 0 ❑ ❑ ❑ ❑ Tax Recerver's Appt J�ll Doherty Seconder � ❑ � ❑ ❑ ❑ Rescmded Robert Ghosio Voter � � ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans � Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell ' Voter 0 � ❑ � ❑ ❑ ❑ No Action ❑ Lost 2016-700 CATEGO�ZY: Close/Use Town Roads DEPARTMEIVT.• Town Clerk Grant Police Deparrn�entAssistance to Cutchogue Fire Depa��rn�ent Chicken BBQ Financial Impact: Cost Analysis from PD is $618.42 RESOLVED the Town Board of the Town of Southold hereby grants Police Department assistance to the Cutchogue Fire Department for its Annual Chicken BBQ on Saturday, August 27, 2016 at the Cutchogue Fire Department field, 260 New Suffolk Road, Cutchogue, provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. All Town fees for this event, with the exception of the Clean-up Deposit, are waived. Southold Town Board Meeting July 26, 2016 page 16 ✓Vote Record-Resolution RES-2016-700 0 Adopted ❑ Adopted as Amended ❑ Defeated " Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ W�thdrawn James Dmizw Jr Voter 0 ❑ ❑ ❑ ❑ Superv�sor's Appt W��ham P Ruland Seconder � ❑ ❑ ❑ ❑ Tax Rece�ver's Appt •iil�Doherty ' Mover Q ❑ ❑- ❑ ❑ Rescmded Robert Ghosio Voter � ❑ ❑ ❑ - ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Act�on � ❑ Lost 2016-701 � , CATEGORY.• Bid Acceptance .+DEPART1YIEIVT: Highway Department Accept Highway Bids RESOLVED that the Town Board of the Town of Southold hereby amends resolution 2016-520 adopted at the May 17, 2016 regular Town Board meeting to read as follows: , RESOLVED that the Town Board of the Town of Southold hereby accepts the following bids on . the following items, all in accordance with the Town Attorney Name Item Price Christopher Fisher 6 Cylinder Flathead Engine $310.00 �'�"�Ee�€� '�T-����5�-�����€t�1�4 Q i Q�,n� original bidder did not have the money, next highest bid accepted Riverview Industries Inc 1994 Samsung SL150, Fleet#194 $18,005.00 � �,.�,.,,.� 2g(�.z �,,,.a � �c n n;c�r„r�t�?����-�o 9���.-cr �-v-rr bidder withdrew his bid Patrick Dandrea 1994 Enviroquip System Type 622, Fleet#2202 $24,677.00 Lloyd Kalin 1957 International 130 Farmall $1,836.00 � ✓Vote Record-Resolution RES-2016-701 � Adopted - - ❑ Adopted as Amended � Yes/Aye No/Nay Abstain Absent Southold Town Board Meeting July 26, 2016 page 17 ❑ Defeated James Dm�zio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P Ruland � Mover Q ' ❑ ❑ ❑ ❑ W�thdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Superv�sor's Appt Robert Ghos�o Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Rescmded Scott A Russell Voter C✓f ❑ ❑ ❑ ❑ Town Clerk's Appt � ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2016-702 CATEGOR Y: Organizational vEPAR?���'NT.• Town Clerk Appoint Thomas Shillo Temporary Marriage Officer RESOLVED that the Town Board of the Town of Southold hereby appoints Thomas J. Shillo as a Temporary Marriage Officer for the Town of Southold, on Friday, July 29, 2016 only, to serve at no compensation. � ✓Vote Record-Resolution RES-2016-702 , . � 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled � ❑ Wrthdrawn James Dimz�o Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Wil1�am P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt ����Doherty Voter C�J ❑ ❑ ❑ ❑ Rescmded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Lou�sa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-703 CATEGORY.• • Advertise DF.P.4RT�F_t4TT: Highway Department Sale of Aggregate Sand Southold Town Board Meeting July 26, 2016 . page 18 RESOLVED that the Town Board of The Town of Southold hereby authorizes and directs the Southold Town Highway Department to advertise for the sale of a total of approximately 8,000 cubic yards of aggregate sand at a price of$1.00 per yard up to 1,000 yards and $0.50 per yard • for 1,000 yards or more, labor and equipment to load sand to be provided by the Highway Department. Payment is to be made to the Town Clerk's office prior to pick up of sand. ' ✓Vote Record-Resolution RES-2016-703 C�1 Adopted ❑ Adopted as Amended ❑ Defeated � � � - - - Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn � James Dmizw Jr Voter Q ❑ ❑ ❑ . ❑ Superv�sor's Appt W�lliam P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Recerver's Appt Jill 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 � ❑ ❑ ❑ ❑ No Action � ❑ Lost 2016-704 CATEGORY.• Bid Acceptance DEPAR�'NIENT: Town Clerk Accept Bid for Recreation Used Vehicle RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Bernard Heinisch in the amount of$1,008.68 for the 2000 Chevy Lumina, Asset#2583, VIN #2G1 WL52JXY1339636, all in accordance with the Town Attorney. ✓Vote Record-Resolution RES-2016-704 0 Adopted ❑ Adopted as Amended ❑ Defeated - � � - - Yes/Aye No/Nay Abstain Absent - ❑ Tabled _ . ❑ W�thdrawn James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Superv�sor's Appt W�11iam P Ruland Voter � ❑ ❑ ❑ ❑ Tax Receiver's Appt �����Doherty Seconder 0 ❑ ❑ ❑ � ❑ Resc�nded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q � ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter � ❑ ❑ ❑ ❑ No Act�on � ❑ Lost Southold Town Board Meeting July 26, 2016 page 19 2016-705 eATEGORY: Bid Acceptance . .DF_PARTMF_Ii�rT.•. Highway Department Accept Bid for Mack Trucks RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Pase Motors, Inc. in the amount of$20,025.00 total for three (3) Street Salt/Sanders for use at the Town Highway Department, all in accordance with the Town Attorney. ✓Vote Record-Resolution RES-2016-705 � � 0 Adopted ❑ Adopted as Amended ❑ Defeated - Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmiz�o Jr Voter 0 ❑ ❑ ❑ ❑ Superv�sor's Appt Will�am P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Recerver's Appt Jill Doherty Mover � ❑ ❑ ❑ ❑ Rescmded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louua P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter C�J ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-706 CATEGURY: Employment-Town PEI'ART�ENT.• Accounting Create and Set Salary Scale for Part-Time Community Relations Specialist RESOLVED that the Town Board of the Town of Southold hereby creates the nosition and establishes the hourlv rate of pay for part-time Communitv Relations Specialist as follows: Effective Date Rate January l, 2016 $27.47 ✓Vote Record-Resolution RES-2016-706 � C✓I Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmiz�o Jr Voter � ❑ ❑ ❑ ❑ Defeated Will�am P Ruland Mover C✓I ❑ ❑ � ❑ ❑ Tabled Idl Doherty . Voter � ❑ ❑ ❑� ❑ Withdrawn ❑ Supervisor's Appt Robert Ghos�o Voter C�1 ❑ ❑ ❑ ❑ TaY Rece�ver's Appt Louisa P Evans Seconder � ❑ ❑ ❑ ❑ Rescmded Scott A Russel] Voter C✓f ❑ ❑ ❑ ❑ Town Clerk's Appt Southold Town Board Meeting July 26, 2016 page 20 , ❑ Supt Hgwys Appt ❑ No Act�on ❑ Lost 2'016-707 CATEGORY.• ' Refund DEPART�'�I�'NT: Town Attorney CPF Refund . RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund (from Account#CM.1189.10)to Danielle Cullen from the Town of Southold in the amount of $3,200.00 in connection with its payment of the Community Preservation Fund tax on property - in Southold (SCTM#1000-074.000-05.00-005.000)purchased by Danielle Cullen on June 10, 2016, as the transaction is exempt from the CPF tax. ✓Vote Record-Resolution RES-2016-707 � C✓f Adopted _ ❑ Adopted as Amended ❑ Defeated - - - - Yes/Aye No/Nay , Abstain Absent - ❑ Tabled _ . _ ❑ Wrthdrawn James Dm�zio Jr Voter � ❑ ❑ ❑ ❑ Supervisor's Appt W�ll�am P Ruland Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt J�ll Doherty Voter � � ❑ ❑ � ❑ _ ' ❑ Rescmded Robert Ghos�o Seconder C�1 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover � ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-'708 CATEGORY: Retirement/Resignation I)EP.9RTMF_tl��:• Accounting Accepts the Resignation ofStephen Kiely,,f-om the Position ofAssistant Town Attorney, in the Offrce of the Town Attorney RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Stephen F. Kiely, from the position of Assistant Town Attorney in the Office of the Town Attorney effective August 5, 2016. . ✓Vote Record-Resolution RES-2016-708 � 0 Adopted Yes/Aye No/Nay Abstain Absent Southold Town Board Meeting July 26, 2016 page 21 ❑ Adopted as Amended James D�mzio Jr Voter � ❑ ❑ ❑ ❑ Defeated William P Ruland Voter L�f ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter � ❑ ❑ ❑ ❑ Withdrawn Robert Ghos�o Mover � ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Seconder Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter � ❑ ❑ ❑ ❑ Rescmded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Act�on ❑ Lost . 2016-709 C�4TEGURY: Contracts, Lease&Agreements �EP.A1IdT�ENT.• Solid Waste Management District Irrigation Well Contract � RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement with Peconic Well and Pump, Inc. to provide improvements to the compost site irrigation well and pump system in accordance with their proposal of Apri125, 2016, as per specifications for same as approved by the Town Engineer, at a cost not to exceed $24,870, all in accordance with the approval of the Town Attorney. ✓Vote Record-Resolution RES-2016-709 Q Adopted � Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent � ❑ Tabled _ ❑ W�thdrawn James Dmiz�o Jr Mover C�] ❑ ' ❑ ❑ ❑ Superv�sor's Appt W>»>am P.Ruland Seconder Q ❑ ❑ ❑ ❑ Tax Recerver's Appt .lill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescmded Robert Ghosio Voter � Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ' 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-710 e'�TEGfJRY.• Budget Modification . 1��1'AIiT'Y��NT.• Solid Waste Management District , Southold Town Board Meeting July 26, 2016 page 22 SWMD Bzrdget Modification Financial Inzpact: To supply funds for replacenzent of discharge conveyor belt. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2016 Solid Waste-Management District budget as follows: , From• SR 8160.4.400.600 Scale Maintenance $2,000 � Total $2,000 _ - To: SR 8160.4.100.573 Maint/Supply Trommel Screen $2,000 Total $2,000 ✓Vote Record-Resolution RES-2016-710 • � • - .' � 0 Adopted ❑ Adopted as Amended ❑ Defeated ' Yes/Aye No/Nay Abstain Absent ❑ Tabled _. ,. _. _ ❑ Withdrawn Ja�nes Dmiz�o Jr Voter C✓f ❑ ❑ ❑ ❑ Supervisor's Appt Wilham P Ruland Voter� � ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ' ❑ ❑ ❑ Rescmded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder � ❑ ❑ ❑ ❑ Supt Hgwys Appt 5cott A.Russell Voter 0 ❑ ❑ ❑ ❑ No AcUon ❑ Lost , 2016-711 � CATEG4RY: Property Acquisition Public Hearing � ' DE�'ART141EiVT': Town Clerk Public Hearirrg Pindar Vineyards Dev Rights RESOLVED that the Town Board of the Town of Southold hereby amends resolution 2016-675 adopted at the July 12, 2016 regular Town Board meeting to read as follows: RESOLVED that pursuant.to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, �L'�.���:�-�n, Au�ust 9, 2016, at 4:34 pm, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by 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 Southold Town Board Meeting July 26, 2016 ' page 23 -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 30.1� acres (subject to survey) of the 32.6� acre parcel. 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 30.1� 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-2016-711 � ' ' ` ` � Adopted ' ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - - Jame's Dm�zio Jr Voter 0 ❑ ❑ ❑ ❑ W�thdrawn ❑ Superv�sor's Appt W�11�am P.Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Rece�ver's Appt Jill Doherty Voter � ❑ ❑ ❑ ❑ Rescmded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Lou�sa P Evans Seconder � ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter L�I ❑ ❑ ❑ ❑ No Action ❑ Lost � 2016-712 C�t�'EGd.�IlY: Budget Modification DFP.7d�T�F_1VT.• Highway Department 2016 Budget Modifrcation -Highway . Financial Inzpact: cover over extended lines RESOLVED that the Town Board of the Town of Southold hereby modifies the 2016 Highway Fund Part Town budget as follows: From: � DB.5110.4.100.200 Fuels & Lubricants 2868.00 TOTAL �2868.00 Southold Town Board Meeting July 26, 2016 page 24 To: DB.5110.4.100.100 Miscellaneous Supplies 500.00 DB.5110.4.100.350 Traffic Paint 518.00 DB.5130.4.100.550 Tires 1500.00 DB.5140.4.600.300 Travel 350.00 TOTAL: $2868.00 ✓Vote Record-Resolution RES-2016-712 C✓f Adopted ❑ Adopted as Amended ❑ Defeated � � � yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dm�z�o Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt W����am P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter � ❑ ❑ ❑ ❑ Rescinded Robert Ghos�o Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover C�J ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter L�I ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-713 � C'�4TEt��1d�Y: Contracts,Lease&Agreements DEP_ARTMENT.• Fishers Island Ferry District FIFD-Munistat Services Inc RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the , resolution of the Fishers Island Ferry District Board of Commissioners dated July 18, 2016 in regard to an agreement with Munistat Services. � ✓Vote Record-Resolut�on RES-2016-713 C✓] Adopted ❑ Adopted as Amended ❑ Defeated J Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Wrthdrawn James Dmizw Jr Voter � 0 ❑ � ❑ ❑ Supervisor's Appt W�»>am P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Rece�ver's Appt hll Doherty Voter Q ❑ ❑ ❑ ❑ Rescmded Robert Ghos�o Mover � ❑ ❑ ❑ ❑ Town Clerk's Appt Lowsa P Evans Seconder � ❑ ❑ ❑ ❑ Supt Hg�vys Appt Scott A Russell Voter 0 � � ❑ � ❑ No Action ❑ Lost Southold Town Board Meeting July 26, 2016 page 25 2016-714 C�TEGORY: Employment-Town DEP9RT1VIE11�TT.• Accounting Permanent Appointment Building Permits Examiner WHEREAS the Town Board of the Town of Southold has appointed Amanda M.Nunemaker to the position of provisional Building Permits Examiner effective June 3, 2015, and WHEREAS Amanda M.Nunemaker has taken and passed the Civil Service examination for Building Permits Examiner and is reachable on the Suffolk County Department of Civil Service List of Eligible's for the competitive position of Building Permits Examiner, and WHEREAS the Town Board of the Town of Southold has determined that it is in the best interest of the Town to appoint Amanda M. Nunemaker to the permanent position of Building Permits Examiner from said List of Eligible's, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Amanda M. Nunemaker to the position of Building Permits Examiner from the Suffolk County Department of Civil Service List of Eligible's effective immediately with no salary change. ✓Vote Record-Resolution RES-2016-714 0 Adopted ❑ Adopted as Amended ❑ Defeated � � Yes/Aye No/Nay Abstain Absent ❑ Tabled _. ____.__ _ _ _ ,__ ❑ Wrthdrawn James D�mzio Jr Mover 0� �❑ � �v i❑ _� ❑ Superv�sor's Appt _W>»�am P Ruland Seconder C�1 ❑ ❑ ❑ ❑ Tax Recerver's Appt Jill Doherty Voter C�1 ❑ ❑ � ❑ ❑ Rescmded Robert Ghos�o Voter ' 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter i C✓I ❑ ! ❑ i ❑ ❑ Supt Hgwys Appt Scott A Russell Voter � ❑ ❑ ❑ ❑ No Act�on ❑ Lost 2016-715 CATEGORY: Employment-Town I��PART'�7ENT.• Accounting Release PT Court Offrcers RESOLVED that the Town Board of the Town of Southold hereby releases Steven F. Ficner and Shawn A. Williams from the position of Part Time Court Officer for the Justice Court, effective June 15, 2016. Southold Town Board Meeting July 26, 2016 page 26 ✓Votc Record-Resolution RES-2016-715 Q Adopted ❑ Adopted as Amended ❑ Defeated - - '- - - " " '-��"-" - -" - " - Yes/Aye No/Nay Abstain Absent ❑ Tabled < __ ❑ Withdrawn James Dinizio Jr Voter � ❑ ❑ ❑ ❑ Superv�sor's Appt W�11�am P Ruland Seconder [�7 ❑ ' ❑ ❑ ❑ Tax Recerver's Appt J�ll Doherty Mover � ❑ ❑ ❑ ❑ Resc�nded Robert Ghos�o Voter � ❑ ❑ � ❑ ❑ Town Clerk's Appt Louisa P Evans Voter � ❑ ' ❑ ' ❑ ❑ Supt Hgwys Appt Scott A Russell Voter , 0 ❑ ❑ ❑ ❑ No Act�on ❑ Lost 2016-716 CATEGORY: Employment-Town DEPARTtVIE1VT: Accounting Appoint Edward McDonald PT Court Officer RESOLVED that the Town Board of the Town of Southold hereby appoints Edward McDonald to the nosition of Part Time Court Officer for the Justice Court, effective August 1, 2016 at a rate of$30.40 per hour, not to exceed 17.5 hours per week. ✓Vote Record-Resolution RES-2016-716 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - - -, - - .- - ❑ Withdrawn James Dm�z�o Jr Voter � ❑ ❑ ❑ ❑ Supervisor's Appt W��1iam P Ruland Mover � 1�7 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder Q ❑ ❑ ❑ ❑ Rescmded Robert Ghosio Voter � ❑ � ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter � ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Achon ❑ Lost 2016-717 C4TEGORI:• Special Events DEPfileTt11E1VT: Town Clerk Fireworks Per»iit Mattituck Environmental Southold Town Board Meeting July 26, 2016 page 27 RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a Fireworks Permit by the Town Clerk to Mattituck Environmental LLC/ Stanley Lomangino for a fireworks display on Saturday,August 13, 2016 at 9:45PM (Rain Date: Sunday, August 14, 2016 at 9:45 PM) at 9205 Skunk Lane, Cutchogue,New York, upon payment of a single fee of $100.00 and subject to the applicant's compliance with the requirements of the Town's Policy regarding the issuance of fireworks permits. ✓Vote Record-Resolution RES-2016-717 � Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Wrthdrawn James Dmizio Jr Voter L�I ❑ ❑ ❑ ❑ Supervisor's Appt W����am P Ruland Voter ❑ 0 ❑ ❑ ❑ Tax Recerver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescmded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Lou�sa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Act�on ❑ Lost Comments regarding resolution 717 COUNCILMAN RULAND: I am going to vote no on that, it seems to me that this gentleman has already had one fireworks display in the last 30 days but I think we need to look at our policy going forward as to how many permits we can issue to one person in a given period of time, given the number of complaints that have come forth about fireworks, both legal and illegal. COLTNCILMAN DINIZIO: I agree with that, Bill. JUSTICE EVANS: Yes, I think we should look at that. 2016-71� f:'ATEGORY: Budget Modification D�PARTI�EiVT: Public Works Trash Receptacle Rentals Financial Inzpact:F�nds are needed to cover fees for Big Belly rentals RESOLVED that the Town Board of the Town of Southold hereby modifies the 2016 Buildings and Grounds budget in the General Fund as follows: From• A.1620.2.500.925 Recycling Receptacles $1,700 Southold Town Board Meeting July 26, 2016 page 28 A.1620.2.500.950 Hamlet Trash Receptacles 1,550 Total $3,250 To: A.1620.4.400.800 Trash Receptacle Rentals $3,250 Total $3,250 ✓Vote Record-Resolution RES-2016-718 � Adopted ❑ Adopted as Amended ❑ Defeated _, �, ..� � ._.___ ,_� .,�.__ _. _.. _ - ---- -... ._ ,,,. .� _ ,_�_ � .. Yes/Aye No/Nay , Abstain i Absent ❑ Tabled _ __ _ _ _ ❑ Wrthdrawn James D�mzio Jr Voter 0 ❑ ❑ . ❑ ❑ Superv�sor's Appt W��1iam P.Ruland Seconder 0 ❑ � ❑ , ❑ ❑ Tax Receiver's Appt ����Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter C�7 � ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter � ❑ ❑ ' ❑ ❑ No Action ❑ Lost 2016-719 CAIEGORY: Contracts,Lease&Agreeinents D�'PARTMENT: Fishers Island Ferry District FIFD Employee Agreement RESOLVED,the Town Board of the Town of Southold hereby ratifies and approves the resolution of Fishers Island Ferry District adopted July 25, 2016 regarding an agreement between the district and Fishers Island Ferry District employee 9930, and it be further RESOLVED,that the Town Board of Town of Southold authorizes and directs Supervisor Scott A. Russell to execute Agreement between Fishers Island Ferry District and Fishers Island Ferry District employee 9930. ✓Vote Record-Resolution RES-2016-719 Q Adopted ' 1'es/Aye No/Nay Abstain � Absent ❑ Adopted as Amended - - James Dm�zio 1r Mover � ❑ ❑ ❑ ❑ Defeated William P Ruland Voter L�I ❑ ❑ � ❑ ❑ Tabled Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt Robert Ghosio Voter 0 ❑ ❑ � ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter 0 � ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ , ❑ ❑ Town Clerk's Appt Southold Town Board Meeting July 26, 2016 page 29 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2016-720 Cf1�'�GORY.• Legal DEd'AR7'11�IL'NT.• Fishers Island Ferry District FIFD-Mattern Construction RESOLVED, the Town Board of the Town of Southold hereby ratifies and approves the resolution of Fishers Island Ferry District adopted June 20, 2016 which amended the payment to Mattern Construction Inc. in settlement of its claim against Fishers Island Ferry District from $71,263.87 to an amount not to exceed $115,628.74, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2016-720 0 Adopted ❑ Adopted as Amended ❑ Defeated .___w_�______. .._.�___ __.. .,..._ .._.. ___�_ ___P_._._.__.__.__ __._. __ _.._ _,__�..._. __ Yes/Aye , No/Nay Abstain � Absent ❑ Tabled _ _ _ . _ _ _� _ ❑ Withdrawn James Dm�z�o Jr Voter � 0 ❑ ❑ ' ❑ ❑ Supervisor's Appt V✓ill�am P Ruland � Seconder J ❑ ❑ ❑ ❑ Tax Recerver's Appt J�II Doherty Mover 0 ❑ ❑ ❑ ❑ Rescmded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Lou�sa P.Evans Voter � ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell - Voter p ' ❑ ❑ ❑ ❑ No Acnon ❑ Lost 2016-721 CA7'EGORY.• Grants D�PAIZ7'11�IL'N7': Town Attorney Bay to Sound Integrated Ti-ails Grant Application RESOLVED, the Town Board of the Town of Southold authorizes and directs Supervisor Scott A. Russell to execute a grant application to the New York Department of State for funding for the Bay to Sound Integrated Trails Initiative. Southold Town Board Meeting July 26, 2016 page 30 ✓Vote Record-Resolution RES-2016-721 � Adopted ❑ Adopted as Amended ❑ Defeated , Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Wrthdrawn James Dm�zio Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt W��liam P Ruland ; Mover Q ❑ - ❑ ❑ ❑ Tax Recerver's Appt 1d�Doherty ; Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio ; Voter � � ❑ ❑ ' ❑ ❑ Town Clerk's Appt Lou�sa P Evans Seconder � ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter C�1 � ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-722 Cf1TEGORY: Advertise I�EPfiRT1YlENT.• Town Clerk Advertise P/T Community Relations Specialist RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town clerk's office to advertise for a part time Community Relations Specialist. ✓Vote Record-Resolution RES-2016-722 Lf Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye � No/Nay Abstain Absent ❑ Tabled .__. _, _. ._ _.. ---...___ W..__..__ _..A_ _�__._ ____ ❑ W�thdrawn James D�mzio Jr Voter � � ❑ ❑ ❑ ❑ Supervisor's Appt W>>��am P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Rece�ver's Appt ����Doherty Voter , 0 ❑ ❑ ❑ ❑ Rescmded Robert Ghosio , Seconder L�T ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans ' Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-723 C'ATEGORY: Local Law Public Hearing DEPARTI�IENT.• Town Attarney Set PH 8/9/16 4:30 P»�LL Regarding CPF 20% Watef�Quality Southold Town Board Meeting July 26, 2016 page 31 RESOLVED, that the Town Board of the Town of Southold hereby directs that a public hearing shall be held on August 9,2016, at 4:30 p.m., at Southold Town Hall, 53095 Main Rd., Southold,New York,to hear any and all persons either for or against a proposed local law entitled, "A LOCAL LAW to consider amending Southold Town Code Chapter 17 (Community Preservation Fund) to (i) extend the effective date of the Community Preservation Fund Real Estate Transfer Tax, imposed pursuant to Article 31-D of the State Tax Law, until December 31, 2050, and (ii) authorize the use of a portion of the Community Preservation Fund, not to exceed 20%, for water quality improvement projects," which provides as follows: LOCAL LAW NO. _ OF 2016 A LOCAL LAW to consider amending Southold Town Code Chapter 17 (Community Preservation Fund)to (i) extend the effective date of the Community Preservation Fund Real Estate Transfer Tax, imposed pursuant to Article 31-D of the State Tax Law, until December 31, 2050, and (ii) authorize the use of a portion of the Community Preservation Fund, not to exceed 20%, for water quality improvement proj ects. BE IT ENACTED by the Town Board of the Town of Southold as follows: SECTION 1. Amendment. The Southold Town Code is hereby amended by adding the underlined words as follows: ARTICLE V Water Qualit�provement �17-41. Purpose. A. The purpose of this Article shall be to implement the authorit� at�y the State to the Town of Southold pursuant to Chapter 551 of the Laws of 2015. B. Specifically, this Article shall permit the Town to use up to 20% of the Community Preservation Fund's annual revenues to undertake water qualit�provement projects, as defined herein, in order to preserve community character bv improvin�water qualit� Town shall use the�rior calendar's year revenue to determine the maximum amount available for water quality improvement proiect allocations pursuant to the state-mandated limit of up to 20%. C. Proj ects eligible for fundin� shall include: (1) wastewater treatment improvement proj ects, (2)non-point source abatement and control pro ram projects developed�ursuant to section 11-b of the Soil and Water Conservation Districts Law, section 1455b of the Federal Coastal Zone Management Act, or Article 42 of the Executive Law, (3Zaquatic habitat restoration projects, (4 pollution prevention proiects, and (5) the operation of the Peconic Bay National Estuary Program, as desi�nated by the United State Environmental Protection A�enc� D. Eli ible proiects shall also include those undertaken by the Town throu�h a watershed protection improvement district, created pursuant to Article 12 or 12-A of Town Law. E. No monies from the fund shall be expended for a water quality improvement proiect bv Southold Town Board Meeting July 26, 2016 page 32 the Town unless such project has first been certified bv the Town Board pursuant to §17-45 herein. §17-42. Authorit� Pursuant to Chapter 551 of the Laws of 2015, the Town Board is herebv authorized to utilize revenues from the Community Preservation Fund to implement water qualit.�provement projects in accordance with a plan to preserve communitv character, pursuant to Article III of this Chapter. A maximum of twentv (2�) �ercent of the Fund's annual revenues may be utilized for the implementation of water quality improvement projects, provided that where such water quality improvement funds are utilized for the operation of the Peconic Bay National Estuary Pro�ram, the use of such funds shall onlv be utilized to match federal, state, countv, or other public or private funds on a dollar for dollar basis, not to exceed ten (10) percent of the annual amount appropriated for water quality improvement pro�ei cts• §17-43. Definitions. As used in this article, the followin�words and terms shall have the following meanings: AQUATIC HABITAT RESTORATION PROJECT -plannin�, desi�n, construction, mana�ement, maintenance,monitoring, reconstruction, revitalization, or rejuvenation activities intended to improve waters of the state of ecolo ical si�nificance or an�part thereof, including1 but not limited to, ponds, bogs, wetlands, bays, sounds, streams, rivers, or lakes and shorelines thereof,to support a spawnin ,nursery, winterin�, mi r� atorv, nestin�, breedin , feeding, or foragin�environment for fish and wildlife and other biota. POLLUTION PREVENTION PROJECT-plannin ,g desi�n, construction, improvement, maintenance or acquisition of facilities, production processes, equipment or buildin�s owned or operated bv municipalities for the reduction, avoidance, or elimination of the use of toxic or hazardous substances, or the generation of such substances or pollutants so as to reduce risks to public health or the environment, includin� e�production processes or raw materials. Such proiects shall not include incineration,transfer from one medium of release or discharge to another medium, off-site or out-of-production recycling, end-of-pipe treatment, or pollution control. REGIONAL WATER QUALITY IMPROVEMENT PLAN - a water quality improvement plan adopted pursuant to state or federal law, which has as its purpose the improvement of water quality in all or part of the Peconic Bav region, includin�, but not limited to, (i the comprehensive conservation and mana ement plan (CCMP) for the Peconic Estuarv Pro ram pursuant to the National Estuar �}�Program (P.L. 100-4) under the Clean Water Act (P.L. 92- 500� ii)the Comprehensive Conservation and Management Plan (CCMP) for the Lon� Island Sound Estuar P�ro ram, pursuant to the National Estuar�gram (P.L. 100-4)under the Clean Water Act (P.L. 92-500), (iii) the South Shore Estuary Reserve Comprehensive Mana�ement Plan pursuant to 46 of the Executive Law, and (iv)the Lon� Island Nitro�en Management and Miti�ation Plan, pursuant to Chapter 53 of the Laws of 2015 includin� any amendments or Southold Town Board Meeting July 26, 2016 page 33 updates to such plans. STORMWATER COLLECTING SYSTEM - svstems of conduits and all other construction, devices, and a�pliances appurtenant thereto, designed and used to collect and carry stormwater and surface water, street wash, and other wash and drainage waters to a point source for dischar�e. VESSEL PUMPOUT STATION -the plannin , desi�n, acquisition, or construction activities in furtherance of a permanent or portable device capable of removing human sewa�e from a marine holding tank• WATER QUALITY IMPROVEMENT PROJECT- (i) wastewater treatment improvement proiects, (ii non-point source abatement and control pro rg am projects developed pursuant to section 11-b of the Soil and Water Conservation Districts Law, section 1455b of the Federal Coastal Zone Management Act, or Article 42 of the Executive Law, (iii) aquatic habitat restoration projects, (iv) pollution prevention proiects, and (v)the operation of the Peconic Bay National Estuarv Program, as designated by the United State Environmental Protection Agenc� Such projects shall have as their purpose the improvement of existing water quality to meet existing specific water quality standards. Projects which have as a primary purpose to permit or accommodate new growth shall not be included within this definition. WASTEWATER TREATMENT IMPROVEMENT PROJECT -the plannin ,��n, construction, acquisition, enlargement, extension, or alteration of a wastewater treatment facility, including alternative svstems to a sewa�e treatment plant or traditional septic svstem, to treat, neutralize, stabilize, eliminate or partially eliminate sewa�e or reduce pollutants in treatment facilitv effluent, includin�permanent or pilot demonstration wastewater treatment projects, or eQuipment or furnishin�s thereof. An incentive or rebate pro�ram established by the Town Board for the up�rade of existin septic svstems or cesspools shall constitute an eli ig ble project within the definition of a wastewater treatment improvement project. Stormwater collectin�systems and vessel pumpout stations shall also be included within the definition of a wastewater improvement rp oject• §17-44. Community Preservation Fund Project Plan. A. Preservation of community character shall include the protection and improvement of the quality of all water resources. B. Before anYrevenues from the Community Preservation Fund may be spent on water qualit�provement projects as defined in this Article, all such projects shall first be approved by the Town Board as part of the Community Preservation Fund Project Plan, adopted pursuant to §64-e of Town Law and Article II of Chapter 17 herein. C. Said plan shall prioritize each project to be undertaken pursuant to this Article. In settin� such priorities, the Town Board shall consider the most prevalent pollutants affecting water quality in the Town and which projects will maximize the removal of such pollutants in the Southold Town Board Meeting July 26, 2016 page 34 most cost effective manner. The plan shall provide a detailed written elaboration for the cost benefits in settin s�priorities on a project b�project basis. D. Said plan shall list every water quality improvement�roiect which the Town plans to _ undertake pursuant to the Community Preservation Fund, and shall state how such project will improve existing water qualitv, and the estimated maximum cost of such proiect. E. The proposed water qualitv improvement project shall be for the plannin ,g design, or implementation of a capital project with a probable useful life of at least five (5) years, pursuant to the state local finance law. F. The proposed water qualit�provement project shall be consistent with one or more re�ional water quality improvement plans. G. Such proiects shall advance measurable water qualit.y improvement for the Peconic Bay re ig•on• H. Such projects shall com�lv with specific existing or proposed state or regional water �uality standards or targets• I. In the case of aquatic habitat restoration projects,the project shall promote aquatic habitat restoration. J. In the case of pollution prevention projects,the project shall reduce, avoid, and/or eliminate the use of toxic or hazardous substances, or the �eneration of such substances. K. Projects which have as their purpose and effect the accommodation of new growth, as opposed to the remediation of water quality, shall not qualify for fundin�under this Article. §17-45. Certification. A. No monies from the Community Preservation Fund shall be expended for a water quality improvement project bv the Town unless such proiect has first been certified by the Town Board, by resolution, pursuant to this Article. B. In making such certification, the Town Board shall find as follows: 1. The proposed water quality improvement project is for the plannin ,��n, or implementation of a capital project with a probable useful life of at least five (5) e�pursuant to the state local finance law; 2. The proposed water qualit�provement project is consistent with one or more re�ional water quality improvement plans; 3. Such project advances measurable water quality improvement for the Peconic Bay Re ig on; 4. Such proiect complies with specific existin or proposed state or re�ional water Southold Town Board Meeting July 26, 2016 page 35 uali standards or tar�ets; 5. In the case of aquatic habitat restoration projects, the project will promote aquatic habitat restoration; and 6. In the case of pollution prevention projects,the proiects will reduce, avoid, and/or eliminate the use of toxic or hazardous substances, or the �eneration of such substances. C. The Town Board shall not certif�projects which accommodate new or additional rowth. &17-46. Water Quality Advisory Committee. A. A Water Quality Advisory Committee shall be established pursuant to Town Board resolution to review and make recommendations on proposed water quality improvement projects using monies from the Fund. B. Such Committee shall consist of(five or seven) members who shall be residents of the Town and who shall serve without compensation. No member of the Town Board shall serve on said Committee, nor shall any member have a direct interest in anv project for which fundin i�ght. C. The members shall include individuals with demonstrated ex�ertise in water quality issues, estuarine science, civil en ineering, shellfish restoration, or similar relevant credentials. D. The responsibilities of such Committee may include, but not be limited to, assistin in the development of the project plan, drafting requests for proposals to implement water qualitY improvement projects, reviewin� and prioritizin�proposed projects, and offering such further advice and recommendations as the Town Board ma�pecifv and deem necessary. SECTION 2. Amendment. Town Code §17-40 is hereby amended by deleting the stricken words and adding the underlined words as follows: ARTICLE IV Two Percent Real Estate Transfer Tax - §17-40. Effective Date, Referendum Requirement. This article is subjeci to a mandatorv referendum as set forth in � 1��9-bb of�riicle 31-D of the Tax Law. This article shall take effect on March l, 19)9, after appro�ral at the general election to be helc� on November�, l 998, by tl�e affirmative vote of a majority of the qualified electors of ihe To«�n of Southold and tiling��,�ith the Secretarv of State; �id provided further that the real �state transfer tax imposed b�����r•ti�l-�Local Laws No. 8-2002 of 2002 and No. 14-2006 of 2006 shall expire and be deemed repealed �s to any� c�nveyance taking place after Deceml�er 31, �A�9 2050. Southold Town Board Meeting July 26, 2016 page 36 SECTION 3. Mandatory Referendum. This local law is subject to a mandatory referendum pursuant to §23(1) of Municipal Home Rule Law, as provided for by Chapter 551 of the Laws of 2015. SECTION 4. Ballot Proposition. Pursuant to Chapter 551 of the Laws of 2015, and §23(1) of Municipal Home Rule Law, the following proposition shall be placed before the electors of the Town of Southold at the general election to be held on Tuesday,November 8, 2016: "Shall a Local Law entitled, `A LOCAL LAW amending Southold Town Code Chapter 17 (Community Preservation Fund) to (i) extend the effective date of the Community ' Preservation Fund Real Estate Transfer Tax until December 31, 2050, and (ii) authorize the use of a portion of the Community Preservation Fund, not to exceed 20%, for water quality improvement projects,' BE APPROVED?" SECTION 5. Authority. The proposed local law is enacted pursuant to Municipal Home Rule Law §§10(1)(ii)(a)(11) and (12), §10(1)(ii)(d)(3), and Chapter 551 of the Laws of 2015, amending Town Law §64- e. SECTION 6. Severability. If any section or subsection, paragraph, clause, phrase, or provision(s) of this law shall be judged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. SECTION 7. Effective Date. This local law shall take effect upon filing with the Secretary of State and upon approval at the general election to be held on November 8, 2016, by the affirmative vote of the qualified electors of the Town of Southold upon the proposition set forth in Section 4 of this local law. AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to publish the following Notice of Public Hearing: Notice of Public Hearing TAKE NOTICE, that the Town Board of the Town of Southold hereby directs that a public hearing shall be held on August 9,2016, at 4:30 p.m., at Southold Town Hall, 53095 Main Rd., Southold,New York, to hear any and all persons either for or against a proposed local law entitled, "A LOCAL LAW to consider amending Southold Town Code Chapter 17 (Community Preservation Fund) to (i) extend the effective date of the Community Preservation Fund Real Estate Transfer Tax, imposed pursuant to Article 31-D of the State Tax Law, until December 31, 2050, and (ii) authorize the use of a portion of the Community Preservation Fund, not to exceed 20%, for water quality improvement projects." Southold Town Board Meeting July 26, 2016 page 37 Summary of Proposed Law The purpose of this local law is to implement the authority delegated by the State to the Town of Southold pursuant to Chapter 551 of the Laws of 2015. Specifically, this local law allows the Town to use up to 20% of the Community Preservation Fund's annual revenues to undertake water quality improvement projects, as defined herein, in order to preserve community character by improving water quality. Projects eligible for funding include: (i) wastewater treatment improvement projects, (ii) non-point source abatement and control program projects developed pursuant to section 11-b of the Soil and Water Conservation Districts Law, section 1455b of the Federal Coastal Zone Management Act, or Article 42 of the Executive Law, (iii) aquatic habitat restoration projects, (iv)pollution prevention projects, and (v)the operation of the Peconic Bay National Estuary Program, as designated by the United State Environmental Protection Agency. Importantly, no monies from the fund may be expended for a water quality improvement project unless such project has first been certified by the Town Board pursuant to the provisions of said law. Copies of the proposed law, sponsored by the full Town Board, are on file in the Town Clerk's Office, Monday through Friday, from 8:00 a.m. to 4:00 p.m. BY ORDER OF THE TOWN BOARD TOWN OF SOUTHOLD,NEW YORK ELIZABETH A.NEVILLE, TOWN CLERK ✓Vote Record-Resolution RES-2016-723 � Adopted ❑ Adopted as Amended ❑ Defeated - - - - - - -- ---� - -- ----- - - -- - Yes/Aye No/Nay Abstain Absent ❑ Tabled __. __._ _�__. __._� _ ❑ Wrthdrawn James Dm�zio Jr Voter � � �O ❑ ❑ ❑ Supervisor's Appt W>»�am P.Ruland Voter Lf ❑ ❑ ❑ ❑ Tax Recerver's Appt J�ll Doherty Voter � ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover � ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Act�on ❑ Lost 2016-724 CATEGORY: Local Law Public Hearing I)LPART111E�'V`l: Town Attorney Set PH-8/9 4:31 Pm LL Regarding CPF RESOLVED, that the Town Board of the Town of Southold hereby directs that a public hearing shall be held on August 9, 2016, at 4:31 p.m., at Southold Town Hall, 53095 Main Rd., Southold,New York, to hear any and all persons either for or against a proposed local law entitled, "A LOCAL LAW to consider amending Southold Town Code Chapter 17 (Community Preservation Fund) to adopt the updated Community Preservation Project Plan", which provides Southold Town Board Meeting July 26, 2016 page 38 as follows: LOCAL LAW NO._OF 2016 A LOCAL LAW to consider amending Southold Town Code Chapter 17 (Community Preservation Fund) § 17-13 Community preservation project plan adopted, to incorporate the July 2016 update to the Community Preservation Project Plan. BE IT ENACTED by the Town Board of the Town of Southold as follows: SECTION 1. Amendment. The Southold Town Code is hereby amended by adding the underlined words as follows: § 17-13 Community preservation project plan adopted. A. For the reasons set forth in § 17-12 hereof, the Town Board of the Town of Southold hereby approves and adopts the Cominunity Preservation Project Plan prepared by the Town's Planning Department, the Land Preservation Committee,the Peconic Land Trust and Central Data Processing and presented to the Town Board on August 4, 1998, during the Work Session portion of the Town Board meeting, said plan being intended to constitute the Southold Community Preservation Project Plan which is required by § 64-e of the New York Town Law•and Article 1 of Chapter 17 of the Southold Town Code. B. The Town Board of the Town of Southold hereby approves and adopts the January 2003 update to the Community Preservation Project Plan prepared by the Land Preservation Department and Central Data Processing Department and presented to the Town Board on January 21, 2003, during the Work Session portion of the Town Board meeting. The 1998 List of Eligible Parcels shall be replaced by the January 2003 List of Eligible Parcels presented to the Town Board during the January 21, 2003, Work Session. C. The Town Board of the Town of Southold hereby approves and adopts the March 2005 update to the Community Preservation Project Plan which adds certain parcels in the Great Pond Wetland and Dune Area in Southold to the List of Eligible Parcels. The January 2003 List of Eligible Parcels shall be revised as of March 29, 2005, to include the identified Great Pond Wetland and Dune Area Parcels. D. The Town Board of the Town of Southold hereby approves and adopts the January 2006 update to the Community Preservation Project Plan which adds 194 parcels totaling approximately 355 acres to the List of Eligible Parcels. In addition, the existing List of Eligible Parcels has been revised to delete parcels which have been preserved using various preservation methods, to delete parcels which have been developed, and to correct, where applicable, Suffolk County Tax Map numbers for parcels included on the existing List of Eligible Parcels. Southold Town Board Meeting July 26, 2016 page 39 E. The Town Board of the Town of Southold hereby approves and adopts the August/September 2008 update to the Community Preservation Project Plan which adds five parcels totaling approximately 24.07 acres to the List of Eligible Parcels. In addition, the existing List of Eligible Parcels has been revised to delete parcels which have been preserved using various preservation methods and to correct, where applicable, Suffolk County Tax Map numbers for parcels included on the existing List of Eligible Parcels. � The text of the plan adopted by the Town Board in 1998 (plan dated July 1998) shall remain as adopted in 1998, with an updated September 2008 Executive Summary and updated cover pages. The January 17, 2006, List of Eligible Parcels shall be replaced � with the August/September 2008 List of Eligible Parcels. F. The Town Board of the Town of Southold herebv approves and adopts the Julv 2016 update to the Communitv Preservation Project Plan which is inclusive of the List of Eligible Parcels. In addition, the Community Preservation Proiect Plan incorporates additional goals of addressin� and maintainin�preservation of waterways and water quality as authorized b.��pter 551 of the Laws of 2015. The July 2016 update shall supersede all previousl_y adopted and amended plans. AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to publish the following Notice of Public Hearing: Notice of Public Hearing TAKE NOTICE, that the Town Board of the Town of Southold hereby directs that a public hearing shall be held on August 9, 2016, at 4:30 p.m., at Southold Town Hall, 53095 Main Rd., Southold,New York, to hear any and all persons either for or against a proposed local law entitled, "A LOCAL LAW to consider amending Southold Town Code Chapter 17 (Community Preservation Fund)to adopt the updated Community Preservation Project Plan", Summary of Proposed Law The purpose of this local law is to implement the authority delegated by the State to the Town of Southold pursuant to Chapter 551 of the Laws of 2015. Specifically, this local law allows the Town to utilize the July 2016 update to the Community Preservation Project Plan. Copies of the proposed law, sponsored by the full Town Board, are on file in the Town Clerk's Office, Monday through Friday, from 8:00 a.m. to 4:00 p.m. BY ORDER OF THE TOWN BOARD TOWN OF SOUTHOLD,NEW YORK ELIZABETH A. NEVILLE, TOWN CLERK ✓Vote Record-Resolution RES-2016-724 � Adopted � - Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended , ❑ Defeated James Dm�zio Jr Mover 0 ❑ ❑ ❑ ❑ Tabled Wilham P Ruland Seconder, 0 ❑ � ❑ ❑ ❑ Withdrawn J�II Doherty Voter ' � ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghos�o Voter � 0 ❑ ❑ ❑ Southold Town Board Meeting July 26, 2016 page 40 ❑ Tax Recerver's Appt Louisa P Evans Voter � � ❑ ' ❑ ❑ ❑ Rescmded Scott A Russell Voter 0 ❑ � ❑ � ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost VI. Public Hearings 1. Public Hearing Pindar to be re-advertised RESULT: WITHDRAWN Closin� Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: I am going to invite anybody that would like to address the Town Board to please feel free? Peter Terranova,Peconic PETER TERRANOVA: Just a question going back to and I am sorry I didn't address it before the meeting, being that it is very lengthy. 711, when we say and I have to, please excuse my ignorance, when we say the proposed acquisition is for development rights easement consisting of approximately 30.lplus or minus acres, okay, at a purchase price of $60,000 per buildable acre for the 30.1 acre easement. Does that mean$60,000 times 30.1? � SUPERVISOR RUSSELL: Yes. MR. TERRANOVA: It does. In the future, could we just put a total amount plus acquisition costs? Like that's, what? 1.8 million? SUPERVISOR RUSSELL: I think it's a good idea, of course. MR. TERRANOVA: What is that property being used for now? Grapes? COLINCILMAN GHOSIO: Right. MR. TERR�INOVA: They are making money on that, right? I assume. But anyway, my comment is about maybe we can put the whole amount there, so people get a sense of the magnitude. My next question has to do with the upcoming public hearing on the CPF fund. In particular, on page 35. Why is it that we can't separate on the ballot the extension of the Community Preservation Fund by an additional 20 years and the allocation of 20 percent for water quality improvement. Shouldn't they be two separate items on the ballot? And let me explain my reason. Right now the Community Preservation Fund goes to 2030, that's 14 years Southold Town Board Meeting July 26, 2016 page 41 from now. That's a long time. I mean, you can adopt or put on the ballot an extension of the community Preservation Fund at any time up to 2030 with the exception perhaps of getting bonds and so on and so forth based on anticipated revenue. But it would seem to me, since we are already paying a portion of our sales tax into Suffolk County, right, for water quality projects, that maybe we out to give a trial of this 20 percent thing before we commit to it through 2050. We are going to have different Town Board, not as fiscally responsible, perhaps, as the one that is before me today. Seems like to me, it's a big step in asking the community to look out to 2050 and commit to a fairly large expenditure and not knowing, I mean, it's very (inaudible) about how you are going to spend it and it's very broad and I know, Scott, that you had some significant misgivings when this was first passed by the state as to but it wasn't specific as to where this money was going to be spent. Now I may trust you all, implicitly, one hundred and fifty percent but I can't, looking back over the history of Town Boards, I can't say that I might have that same level of trust in a Town Board that might sit before me in a few years, okay? So I am addressing two points, one, what are we doing about the percentage of money that we are already paying for water quality or for that matter, what is Suffolk County doing? Are we seeing any of that money come back to us that the Town Board is able to allocate, just as you have described here and why do we have to act on this extension of the community preservation fund this year? You have 14 years to go before this one expires, and the third point is, that they should be separate on the ballot. There are people that might want to throw up a trial balloon on the 20 percent, okay, without necessarily extending the community preservation fund another 20 years. And there may be other people that just want the extension of the community preservation fund without allocating the 20 percent. So, I think it's a real problem here, from my perspective. I just wanted to make that comment. SUPERVISOR RUSSELL: I will actually address it to some extent, actually there had been a discussion of whether it should be one vote on the referendum or two, I think at the time the thinking was, we hadn't committed to anything. Any specific project that we want to allocate that money to down the road, would be subject to a new public hearing and a new vote of the board. Now I heard one Trustee from a local village recently say the town hasn't identified any specific projects for that money yet and that we are leaving free money on the table. There is no such thing as free money, it's tax dollars, is what they are. They are just paid in a different venue. At the same time, I recognize the need to raise money for this critical component which is groundwater protection. My concern is that we are rushing so quickly to raise money before we have identified how to spend that money, I don't think that's good government but the way this is drafted, it doesn't commit us to spending the money and it doesn't allow us to spend that money until we identify specific projects and hold a public hearing on it. So, there's enough of a safeguard. PETER TERRANOVA: If I can respond? I didn't read this in the level of detail that I normally would, but I did not see that you would be holding a public hearing on each and every water quality project that you would be using that 20 percent money on. I saw as long as it was approved by the Town Board. Can you point that out to me? Where it says that they would be holding a public hearing on? SUPERVISOR RUSSELL: I will defer to Bill but it's implicit in the state legislation... Southold Town Board Meeting July 26, 2016 page 42 , MR. TERRANOVA: It's implicit? TOWN ATTORNEY DUFFY: It's also in our town code, the entire code is not here but it's in our code that we hold a public hearing before spending any CPF money. JUSTICE EVANS: It's like when we spend money to buy property, we have to have a public hearing. MR. TERRANOVA: No, I understand that. JUSTICE EVANS: So anytime we spend CPF funds, we have to have a public hearing. MR. TERRANOVA: Okay, so that would include any of the water quality projects, okay. I still think it's a good idea to separate them personally. TOWN ATTORNEY DUFFY: The problem with that, in order to continue to have a CPF program, we have to adopt both these changes.... MR. TERR�INOVA: No, you don't. No, you don't. TOWN ATTORNEY DUFFY: Yes. MR. TERRANOVA: No, you don't. The state law says that it is up to the town, so you, our current community preservation law is current unti12030, it doesn't say you have to do it within a certain period of time. It gives you the authority to submit it to a vote. I didn't read anything that said you have got to do it by the end of this year, otherwise you can't do it. Where did that come from? TOWN ATTORNEY DUFFY: We have had several meetings with the state legislatures, in both meetings we were told if we wanted to continue with the preservation fund, we had to adopt a water quality program, you know, we had to agree to and vote on the extension. MR. TERRANOVA: Wait a minute, if that is the case, then why are you submitting it to a vote in November? That can't be right. It can't be right, because if the state is telling you, you have to do something, which is what you just said. Then why are you submitting it to a vote? What �if they say no to both of them? TOWN ATTORNEY DUFFY: Then we don't continue with the program. MR. TERRANOVA: You don't get what? TOWN ATTORNEY DUFFY: We don't continue with the CPF program. MR. TERRANOVA: The CPF program is currently to 2030. Southold Town Board Meeting July 26, 2016 page 43 SUPERVISOR RUSSELL: If we get a no vote on the referendum, we wouldn't extend it beyond 2030. MR. TERRANOVA: Unless you have another vote. SUPERVISOR RUSSELL: Yes. MR. TERRANOVA: Unless it's approved before 2030 and you submit it to the voters. SUPERVISOR RUSSELL: I will get a clarification from Assemblyman Thiele but we did have discussions on this on the mechanics of how this is supposed to work. So look, your point is well taken and I will get clarification. MR. TERRANOVA: I trust the Town Board implicitly.... SUPERVISOR RUSSELL: Understood. MR. TERRANOVA: Okay, fiscally. Do I trust New York State and Suffolk County? They are all a bunch of thieves. It's a boondoggle, okay? Unless it really, really is specified out what we are going to spend the money on. You have got a lot of things, you have aquatic restoration, not just drinking water. I mean, there's a lot of things in there. If I was given a blank check like that, man, I would be the happiest guy alive. SUPERVISOR RUSSELL: Since we are having this discussion, another one of my concerns is, there's now this legislation would make preservation and water quality competing goals for the same amount of money. If we earned in a good year, $5 million in CPF funds for preservation, to take a million of that with all the projects on the table, is a substantial amount of money. MR. TERRANOVA: Absolutely. I mean, are we running out of land to preserve? SUPERVISOR RUSSELL: No, no. MR. TERRANOVA: Here we are allocating 20 percent, I agree 100 percent with your initial reaction when this law,New York State law was passed. I applauded your comments about,hey, this is too open ended for, you know, the town to make this level of commitment. And as I say, this whole Board could change in a few years, we get some spend happy people and all funds, you know, the 20 percent, the CPF, we won't be spending money where we need to spend the money. You never know without having specific projects and I do agree, I do 'understand Louisa, what you said about any expenditure of the CPF has to be to a public hearing. The trouble is, when it comes sometime in piecemeal, little things, you know, you don't get the attention, okay, that the November referendum or the November will get okay, and the public hearing on the whole thing will get. SUPERVISOR RUSSELL: You also don't get the global picture of where you are going with it. Southold Town Board Meeting July 26, 2016 page 44 MR. TERRANOVA: Yeah, yeah. Exactly right. Exactly right. Please take my comments... SUPERVISOR RUSSELL: I just want the record to show that Peter agreed with me on something. But also let me tell you, this is another problem and I know we are talking about this a lot but it's a big issue. The CPF when it was created, over the course of just a few years it became very successful, and it sort of allowed Suffolk County and New York State to go out of the preservation business because all of this revenue's rolling in. So yes,they were still spending money. The State more than the County, the County virtually hasn't invested but for a little bit in preservation that you would have seen back in the 70's and the problem is, that was meant to supplement expenditure spent on preservation not to supplement all other spending on preservation and that's one of my concerns here, we start collecting money on tlie local level and the mandates will start coming down, and the money won't come down with it. Would anybody else like to address the Town Board, especially if they agree with me? Anne Murray,East Marion ANNE MURRAY: Actually, on that CPF question, isn't that optional, the Town does not have to spend 20 percent of that money on water quality? SUPERVISOR RUSSELL: That's exactly right. COLTNCILWOMAN DOHERTY: It's up to 20 percent. We don't have to spend any on it. MS. MURRAY: So none of it really has to be spent on that, which is a point to be realized. Anyway, I am Anne Murray, I am here again about the lavender farm. Only because there's another bloom coming up in August, don't know when, it could be up to the first week in September. The owner has planted different varieties, so we expect another bloom. I expect he will announce it on facebook, I don't know for sure but I just want to know that the Town is prepared for this,,unlike the last time. Scott, can you tell me, do you know if the owner went to the Transportation Committee? SUPERVISOR RUSSELL: We actually asked the attorney to go the Transportation Committee meeting, at the next meeting. I don't know when that is but they did come in they did talk to us. They recognize there's a problem. MS. MURRAY: Right, that I know. SUPERVISOR RUSSELL: But the long term picture is, they need to find either off-site parking or accommodate more cars on site and what we need to do in the future is establish temporary no parking along both sides of the Main Road and along all of the side streets. Which we let them know that's what we intend on doing. MS. MURRAY; Right but in terms of August, I have been getting a lot of feedback on the you know, what happened and most of the community seems to think that even if the three acres that you suggested could be used for parking, even if that were used for parking, given the crush of people that responds to his blooms, that would still add to the traffic nightmare of people coming Southold Town Board Meeting July 26, 2016 page 45 in and out of that particular intersection which as you know, is Rocky Point Road, Main Road, Gardiners Bay Estates, which many people mistake for the entrance to the lavender farm, so you know, even having more cars come near it is a problem. So I am just throwing that out in advance, so that we know when August comes, we may have a problem and I hope that we can find a solution. Thank you. COiTNCILMAN GHOSIO: Did they have a bloom last August? Or is this something new? MS. MURRAY: Inaudible. SUPERVISOR RUSSELL: I think they did have one last August. It was a nominal amount of lavender, the owner told me they did have one last year. It didn't receive, it wasn't as publicized, it wasn't attended as much as, he said it's much smaller scale. Yup. Linda Goldsmith, East Marion LINDA GOLDSMITH: Hi, Linda Goldsmith, East Marion. Actually I was going to speak about what Mr. Terranova spoke about. I am in agreement with him about separating those items if it is possible so I won't belabor the point. I just wanted to ask two questions, when someone is released from a job, sometimes you use a number and sometimes you use a name. What is the correct protocol? Should you use a name, should you use a number? I have seen names for employees, I have seen numbers for employees. I know if it has anything to do with health insurance, or health issue or family medical leave, you use numbers. Is there any specific.... SUPERVISOR RUSSELL: We don't have a policy. We need one. And I think we should just be using numbers. I think in the past we have used names, in other instances used numbers but it's inconsistent on our part. I know recently I talked to someone who had been laid off in the past and her name was used, we shouldn't do that, we should just use numbers and I would like to see the Board say in the future we should just use numbers. MS. GOLDSMITH: Okay, thank you. The other issue I had, motion 706, the community relations specialist, I know you voted on that but how many hours a week do you anticipate that person to be employed? SUPERVISOR RUSSELL: He would work, a normal work week would be 35 hours a week. MS. GOLDSMITH: It said part-time. SUPERVISOR RUSSELL: Oh, is that.... JUSTICE EVANS: It would be 17 1/2 hours. Part-time. SUPERVISOR RUSSELL: Oh, the Youth Bureau person. I am sorry, I thought that was.... MS. GOLDSMITH: Because I was going to say it could be he or she. Southold Town Board Meeting July 26, 2016 page 46 SUPERVISOR RUSSELL: Oh, I am sorry, I thought that was the cellphone for Denis. It would be 17 1/2 hours a week. No more than 35 in any two weeks. MS. GOLDSMITH: And the other thing I wanted to talk to you about if you don't mind , I wanted to dovetail on what Anne had to say. But I hope that the Board will look at the bigger picture in East Marion. You know, for years Mattituck has been having that business corridor. And at least Mattituck has two roads. We have one. We have, not only do we have the lavender farm but we have a lot of Cross Sound Ferry traffic as you know, now we have the helicopters who seem to mistake Gardiners Bay, they are supposed to go over the causeway, they seem to mistake Marion Lake, I guess they think that must be the bay, I counted between Sunday night and Monday morning, I counted 27 helicopters over the fire department and Bay Avenue. And actually they seem to come more south to north than north to south but anyway, you know, they are not going anywhere near the causeway and if they are, I don't know when. COUNCILMAN GHOSIO: They are going over there, too. MS. GOLDSMITH: Well, they are heading over the fire department and my house. COUNCILWOMAN DOHERTY: I think on the way back they shorten it on the way back. MS. GOLDSMITH: They do, exactly. COUNCILWOMAN DOHERTY: On the way down(inaudible) MS. GOLDSMITH: On the way down, it's over there, when I look up at the sky and I can look up now and see the stars and the helicopters, they are always going south to north and theres also a lot of single engine planes but they seem to go over Marion Lane and Shipyard Lane. I haven't seen them go over my house. But anyway, this four year extension on this is, at some point, none of our houses are going to be worth anything and you might as well annex yourself with Riverhead because Southold Town won't even, you won't even have the money to exist because we are all going to grieve our taxes and our houses are going to be found valueless, at least I think they are. In my opinion. So besides the lavender farm, I couldn't' come to the meeting, the last Town Board meeting, there were some suggestions made, you know, one was using the park property, the one the town leases from Oysterponds school district. Well, that's a soccer field, behind the tennis court and the parking lot is very small so that's not a good idea. And then there was another suggestion about putting in a crosswalk, quite honestly, I have found that a crosswalk gives you a false sense of security. Otherwise, you know, I live across the street from the post office and a crosswalk would really give people a false sense of security. It really would. I don't know what you are going to do about that. I came home and I had folks picnicking on my yard and I didn't have the heart to tell them to leave. When they tried to hand me their garbage, then I got a little upset. They were just having a nice little picnic underneath the tree, that's fine. And I live on Bay Avenue, that's quite a ways away and the cars were parked all the way down to Bay Avenue and I agree with Anne, that coming in and out of that entrance to the lavender farm, it's an accident, you are going to have an accident there at some point, you really will. The parking may not, you know, you may solve that issue. I don't know what you Southold Town Board Meeting July 26, 2016 page 47 are going to do about the traffic. I don't like to take somebody's business and say, okay, you can't make a living. That bothers me. So I think you are going to have to be very sensitive to the fact that he has to make a living and I think you have to be sensitive to the fact that I have to occasionally leave East Marion, especially on the weekends. But East Marion seems to be becoming a, I hesitate to say a dumping ground, it's not a dumping ground but now all of a sudden, the helicopters fly over because I guess we don't have that big of a population and they think it's not going to bother us and then we have the lavender farm, we have, oh, I don't know what, a lot of bed and breakfasts, we have the ferry traffic and then we have a new congregation in one of churches and the parking there around that corner just east of the park district is sometimes difficult to get by, people are parking on both sides and it is a curve and there are cones placed in the middle of the road but sometimes that gets to be difficult and then there's always the specter of Oki-do on Shipyard Lane and I hope just because we are a small community, you know, 946 year round residents, you know, it's not a huge voting block by any means, I hope you are sensitive to the fact that, at least in Orient you can go down into the village, you can take a ride down Narrow River Road. We don't have that in East Marion. We are a thoroughfare. And you know, we are a nice little thoroughfare and I like my town but I think you have to be sensitive to the fact that we just can't take much more. We really, I don't � know how much more we can really take down there. Between the noise, I mean, the whole point of the noise ordinance which the East Marion Association fought so hard for, you know, finally, after that whole debacle with the Blue Dolphin, which was horrendous, now we don't have the noise on the ground anymore, we have the noise above our heads and it's late at night, it's 10:30 or 11:00 sometimes. And it's not, I don't know, but I just hope that you will zoom your radar in on our little hamlet and you know, take a look at us and realize, really, not a whole lot more we can take. Not only that but when you leave East Marion, as you leave East Marion, there's places where people can stop. There's restaurants, bars, there's from, you know, from Orient by the Sea to the golf course, Hellenic, there's no place for you to stop. They just fly right through so and the lavender farm is bringing another host of problems. I know from being on the park district, I know that trying to fish in the wetlands and walk through what they think is grass. And that's becoming an issue as well. So thank you very much. SUPERVISOR RUSSELL: Thank you. COiTNCILMAN GHOSIO: Just to address the helicopters for a second. One of the residents, Adam is from East Marion and he has been a great advocate for East Marion in the fight against the helicopters. You are starting to experience the things that Mattituck and Cutchogue have experienced for years. So, it's easy to get fed up. There's a big fight going on and the FAA is not , helping us right now. Anne Murray MS. MURRAY: I forgot to mention one thing that I think the Town Board should consider, I think with agri-tainment growing like we have with the lavender farm, you know, the owner charges a fee if you want to walk through the lavender field and then another fee if you want your picture taken in the gazebo and weddings and all this kind of thing. You might want to look at the site plans that people have for these things and have a parking requirement or can you charge him some kind of fee if you have to have traffic control and make him pay for it in the Southold Town Board Meeting July 26, 2016 page 48 future, I don't know but you really should make a plan and you really should consider possibly occupancy limit on some of these sites or locations in the town because you could have a real problem. If a fire erupted in that field on 4th of July weekend, it would have been a big horror. Not that it would happen but you have to think of contingencies. Anyway, that's what I forgot to mention. SUPERVISOR RUSSELL: Anne, let me just say I agree with regard to site capacity. We talked about that recently, there's no limits in terms because it's outdoors. It's not regulated by the building department, it's certainly not regulated by the health and safety code but the town needs to start looking at how many people, outdoors or not, can this site hold and then we need to make regulations and plans around that. You are right. Albie DeKirillis, East Marion ALBIE DEKERILLIS: Good evening, Supervisor and Town Board. Albie DeKerillis, 3420 Rocky Point Road. I just want to expand on the fact of the lavender farm. Listen, in no ways or any means am I opposed to any small business making a living, that's the key to Southold Town is. However, as a 25 year first responder, rescue squad, HAZMAT tech, confined space, we can go on and on. The realm of responding to a fire or responding to a call with a small blue light on your dashboard, which no one really looks at red lights and sirens anyway, but it's a very frustrating call, especially if you have a heart call or a legitimate call. However, in any case, setting that aside, you already know about that. We have to be responsible and adhere to one thing is that there were solutions that were brought forward about parking alleviations and one was that Peter Sepenoski, Sep's farms, had offered his farm and ample parking spaces for $5 a car. Now, that's a fact, that is a fact. I don't know if you want to bring Pete Sep down here or what but its a known fact and that could have alleviated a multitude of cars. So I think the Town Board maybe should, I don't know if you want to ask the owners of the lavender farm if they should revisit that aspect. I think their concern was, we are not going to charge them an extra$5 per car. COLTNCILWOMAN DOHERTY: I think that was a decision on the Sep's not to do it. SUPERVISOR RUSSELL: Right. MR. DEKERILLIS: No, that was Sep's offering.... COLJNCILWOMAN DOHERTY: I know but then they, in talking to their insurance adjustor and their attorney, they decided it would not be a good idea for their family. MR. DEKERILLIS: Okay. Was that brought forward to public knowledge or not? COLINCILMAN DINIZIO: Yes, she testified at the last meeting. MR. DEKERILLIS: Oh, okay. I am sorry. That's good. And in 2009, when I first ran for Southold Town Councilman, I brought up, there were two issues that were very pertinent to Southold Town, one was deer management which is still an ongoing problem seven years later ' Southold Town Board Meeting ' July 26, 2016 page 49 and also a YMCA, opening up a YMCA here in Southold Town and everybody was like it was the most laughable thing here in Southold Town but I have to commend Mr. Paul Pawlowski for offering a reasonable project that would have given this town and the senior citizens and people like us, a very good project and I am very disappointed that it fell through that way and I just hope that in the future we can offer our town members and young ones a comparable YMCA. SUPERVISOR RUSSELL: I appreciate your, actually Mr. Pawlowski, I think there is a misnomer out there that the town said no, the town never said no. It was a process issue that he was unhappy with, I frankly don't blame him, I talked to him about it a few times. You know, my hope is that something happens in the future, that the idea doesn't just disappear, maybe scaled back or something that mitigates concerns but that would be basically something he needs to decide. MR. DEKERILLIS: Okay, thank you. Supervisor Russell SUPERVISOR RUSSELL: Sure. Would anyone else like to address the Town Board? (No reply) , Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:24P.M. �: � :� * � � �.�� Eliza eth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell