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Home My WebLink AboutTB-11/04/2016 ELIZABETH A.NEVILLETown Hall, 53095 Main Road TOWN CLERK �oo�oso�Fn[k�oGy PO Box 1179 Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o yc Fax(631)765-6145 MARRIAGE OFFICER y71pf �yor Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING November 1, 2016 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday,November 1, 2016 at the Meeting Hall, Southold,NY. Call to Order 4:30 PM Meeting called to order on November 1, 2016 at Meeting Hall, 53095 Route 25, Southold,NY. Attendee Name z Organization Title Status Arrived James Dinizio Jr Town of Southold Councilman Present William P. Ruland _ ! Town of Southold Councilman Present Jill Doherty _ ' Town of Southold J Councilwoman Present Rort_Ghosio Town of Southold Councilman Present be Louisa P. Evans Town of Southold Justice . Present Scott A. Russell Town of Southold Supervisor Present Elizabeth A. Neville Town of Southold Town Clerk Present William M Duffy ,MTown of Southold Present I. Reports 1. Town of Southold Budget Report 2. Town Clerk Monthly Report 3. Department of Public Works Monthly Reports 4. Land Tracking Report II. Public Notices 1. SCWA -Public Hearings 2. 2016-2017 Scallop Season 3. NYS Governor's Office of Storm Recovery Southold Town Board Regular Meeting November 1, 2016 page 2 III. Communications IV. Discussion 1. EXECUTIVE SESSION - 9:00 Am - Proposed Acquisition 2. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 9:05AM for the purpose of discussing the following matters: Property Acquisition: Sale or Lease of Real Property where the publicity may substantially affect the value thereof. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 9:40 PM RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Louisa P. Evans SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 3. 9:30 Am - Chief Flatley & John Cushman 4. 10:00 Am -POSTPONED -Councilman Ghosio & Denis Noncarrow ADDED -Denis Noncarrow Re: Committee Chairpersons Designations 5. 10:15 AM Jeff Standish 6. 9:45 Am - Michael Collins & Denis Noncarrow 7. 10:30 AM Vincent Orlando 8. Landmark Designation Recommendations - 9. Update on Development of Living Shoreline Project 10. Smoking Policy for Town Vehicles 11. Agricultural Land Use Discussion on Processing And/Or Distribution Involving the Fermentation/Distillation of Raw Materials 12. EXECUTIVE SESSION -Labor-Matters Involving Employment of Particular Person(S) Southold Town Board Regular Meeting November 1, 2016 page 3 13. EXECUTIVE SESSION -Litigation -Nocro Limited V. Town of Southold 14. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 11:14 AM for the purpose of discussing the following matters: Labor-Matters Involving Employment of Particular Person(S) Litigation -Nocro Limited V. Town of Southold RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 15. Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 1:39PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 16. 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 1:39PM until the Regular 4:30 PM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 17. Pledge to the Flag Motion To: Reconvenes 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby reconvenes the 9:00 AM meeting of the Southold Town Board at this 4:30PM Regular Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Scott A. Russell, Supervisor SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise for the Pledge of Allegiance. Thank you. There's no one in the room, so I don't see the need to ask anyone to comment on the agenda items. Southold Town Board Regular Meeting November 1, 2016 page 4 V. Resolutions 2016-961 CATEGORY.- Audit DEPARTMENT. Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated November 1,2016. ✓Vote Record-Resolution RES-2016-961 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Noy Abstain Absent ❑ Tabled _.- _ - - -- ❑ Withdrawn James Dmizio Jr Voter ❑ ❑ ❑ ❑ ❑ Supervisor's Appt William P.Roland Voter D ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-962 CATEGORY• Set Meeting DEPARTMENT. Town Clerk Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Wednesday, November 9, 2016 at the Southold Town Hall, Southold,New York at 7:00 P.M.with Bud et Hearings being held at 4:00 P.M. & 7:00 P.M. ✓Vote Record-Resolution RES-2016-962 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Seconder D ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Mover ❑ Rescinded D ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action Southold Town Board Regular Meeting November 1, 2016 page 5 ❑ Lost 2016-963 CATEGORY. Public Service DEPARTIIENT. Town Clerk Appoint William T. Myers as a Temporary Marriage Officer RESOLVED that the Town Board of the Town of Southold hereby appoints William T. Myers as a Temporary Marriage Officer for the Town of Southold, on Thursday, April 20, 2017 only, to serve at no compensation. ✓Vote Record-Resolution RES-2016-963 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William-P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty i Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosto Voter D ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-964 CATEGORY. Employment-Town DEPARTMENT: Accounting Accepts Resignation ofAndrew Mazzio RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Andrew Mazzio from the position of Part Time Court Officer for the Justice Court effective October 1, 2016. ✓Vote Record-Resolution RES-2016-964 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Seconder, 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ 0 Supervisor's Appt Louisa P Evans Voter 0 11 0 0 Southold Town Board Regular Meeting November 1, 2016 page 6 ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2016-965 CATF,GOR Y• Budget Modification DEPARTMENT. Police Dept Police Department-Budget Modification Financial Impact:Reallocation of funds to cover anticipated PSD Overtime for the 2016 year RESOLVED that the Town Board of the Town of Southold hereby modifies the 2016 General Fund Whole Town budget as follows: From: A.3020.1.100.500 Public Safety Communications/Holiday Earnings $7,500 Total $7,500 To: A.3020.1.100.200 Public Safety Communications/Overtime Earnings $7,500 Total $7,500 ✓Vote Record-Resolution RES-2016-965 0 Adopted ❑ Adopted as Amended ❑ Defeated - - - - - - ----- — -- -- —— - -- 1 Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmmzio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 j ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-966 CATEGORY.• Refund Southold Town Board Regular Meeting November 1, 2016 page 7 DEPARTMENT. Town Clerk Refund Commercial Contractor Disposal Permit RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund in the amount of$120.00 to the Oysterponds U. F. S. D., 23405 Main Road, Orient,NY for a two (2) year Commercial Disposal Permit that was purchased in error. ✓Vote Record-Resolution RES-2016-966 IZ Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Voter Rl ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter ; 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder Rl ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter IZI ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-967 CATEGORY.- Budget Modification DEPARTMENT. Supervisor Budget Modification-Supervisor Financial Impact: Appropriation for Proclamation/Presentation Folders RESOLVED that the Town Board of the Town of Southold hereby modifies the 2016 General Fund Whole Town budget as follows: From: A.1220.4.600.200 Supervisor, Meetings & Seminars $700.00 Total $700.00 To: A.1010.4.100.100 Town Board, Supplies & Materials $700.00 Total $700.00 ✓Vote Record-Resolution RES-2016-967 * Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended .lames Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Voter o ❑ ❑ ❑ 0 Tabled Jill Doherty Voter 2 0 0 ❑ Southold Town Board Regular Meeting November 1, 2016 page 8 ❑ Withdrawn Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Seconder, 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2016-968 CATEGORY.• Attend Seminar DEPARTMENT: Government Liaison Attend Seminar-Denis Noncarrow RESOLVED that the Town Board of the Town of Southold hereby grants permission to Government Liaison Denis Noncarrow to attend a 2016 Intro to Economic and Community Development Finance Seminar on November 15-16 &29-30, 2016 at the Lee Dennison Building in Hauppauge. All travel expenses to be a legal charge to the 2016 budget. ✓Vote Record-Resolution RES-2016-968 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-969 CATEGOR Y.• Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Mods Financial Impact: Use avail. authorization(s) to replenish Volvo supply line; cover repairs to turbo and replacement of water pump in mechanic vehicle; replenish town bag brochures for public; compost water content analysis. AMENDED to include funds for parts needed for main bearing and rotor repair on CBI Grinder. Southold Town Board Regular Meeting November 1, 2016 page 9 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2016 Solid Waste Management District budget as follows: From: SR 8160.4.100.100 Office Supplies/Stationary $ 250 SR 8160.4.100.110 Pre-printed Forms $ 400 SR 8160.4.100.200 Diesel Fuel $1,575 SR 8160.4.100.300 Odor Control $ 250 SR 8160.4.100.580 Maint-Ford Tractor $ 220 SR 8160.4.100.608 Compost Urea $ 100 SR 8160.4.100.645 Maint/Supply Fire Truck $ 300 SR 8160.4.400.150 Compost Site Maintenance $ 200 SR 8160.4.400.200 Building Maintenance $1,500 SR8160.4.400.625 Tire Repair $ 600 SR 8160.4.400.805 MSW Removal $2,500 SR 8160.4.400.836 Single Stream Trucking $2,000 SR 8160.4.400.840 Hazardous Waste Removal $5,000 Total $14,895 To: SR 8160.4.100.552 Maint/Supply Volvo Loader $ 250 SR 8160.4.100.573 Maint/Supply Trommel Screen $ 100 SR 8160.4.100.646 Maint/Supply Mechanic Truck $ 400 SR 8160.4.100.596 Maint/Supply CBI Grinder $7,500 SR 8160.4.100.600 Misc Equip Maint/Supplies $ 220 SR 8160.4.100.609 RCA Blend $ 800 SR 8160.4.400.125 Compost Analysis Services $ 75 SR 8160.4.400.665 Repairs CBI Grinder $2,000 SR 8160.4.400.690 Repairs Ford 350 $1,700 SR 8160.4.400.811 Stump Removal $1,500 SR 8160.4.450.300 Informational Brochures $ 350 Total $14,895 ✓Vote Record-Resolution RES-2016-969 Rl Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dimzio Jr Voter El ❑ ❑ ❑ ❑ Withdrawn William P Roland Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Mover Rl ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio Voter I✓I ❑ ❑ ❑ ❑ Rescinded Louisa P.Evans Voter Rl ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A.Russell Voter D ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action 0 Lost Southold Town Board Regular Meeting November 1, 2016 page 10 2016-970 CATEGORY: Employment-FIFD DEPARTMENT. Accounting Ratifies &Executes Memorandum of Agreement 'RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted October 24, 2016 that ratifies and executes a memorandum of agreement on the District's behalf with Employee#34899. ✓Vote Record-Resolution RES-2016-970 0 Adopted ❑ Adopted as Amended ❑ Defeated —- ' — -- - ----- Yes/Aye No/Nay Abstain Absent ❑ Tabled 11 Withdrawn James Dinizio Jr "Z—ter,' 0 11❑ ❑ ❑ Supervisor's Appt William P.Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 11 ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder, 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ i ❑ ❑ No Action ❑ Lost 2016-971 CATEGORY: Employment-FIFD DEPARTMENT: Accounting Ratifies &Executes Memorandum of Agreement RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted October 24, 2016 that ratifies and executes a memorandum of agreement on the District's behalf with Employee#58600. ✓Vote Record-Resolution RES-2016-971 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosto Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ 0 Tax Receiver's Appt Scott A Russell Voter 0 0 0 ❑ Southold Town Board Regular Meeting November 1, 2016 page 11 ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2016-972 CATEGORY. Employment-FIFD DEPARTMENT: Accounting Increase Salary of Nicholas Espinosa&John Morgan RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted October 24, 2016 that increases the salary of Nicholas Espinosa to $22.37 per hour effective November 27, 2016 and increases the salary of John Morgan to $27.87 per hour effective November 1, 2016. ✓Vote Record-Resolution RES-2016-972 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-973 CATEGORY.• Budget Modification DEPARTMENT• Police Dept Police Department-Budget Modification Financial Impact:Reallocation of funds for the purchase of two additional in car video systems as well as for anticipated maintenance and repairs to PD autos for the remainder of the year. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2016 General Fund Whole Town budget as follows: Southold Town Board Regular Meeting November 1, 2016 page 12 From: A.3120.2.300.100 Police/Equipment/Automobiles $10,000 A.3120.2.500.800 Police/Other Equipment/Light Bars $1,666 A.3120.4.100.200 Police/C.E./Gasoline & Oil $20,000 Total $31,666 To: A.3120.2.500.775 Police/Equipment/Other Equipment/In Car Video $10,000 A.3120.2.500.875 Police/Equipment/Other Vehicle Equipment $1,666 A.3120.4.400.650 Police/Contracted Serv/Vehicle Maint&Repairs $20,000 Total $31,666 ✓Vote Record-Resolution RES-2016-973 0 Adopted ❑ Adopted as Amended ❑ Defeated - - -- - -— - — — - - Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover 0 ❑ ❑ _ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter D ❑ 11 ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-974 CATEGORY: Employment-Town DEPARTMENT: Accounting Appoint Joseph Cappabianca PT Court Officer RESOLVED that the Town Board of the Town of Southold hereby appoints Joseph Cappabianca to the position of Part Time Court Officer for the Justice Court effective November 4, 2016 at a rate of$30.40 per hour, not to exceed 17.5 hours per week. ✓Vote Record-Resolution RES-2016-974 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Mover 0 ❑ ❑ ❑ ❑ 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 0 Supt Hgwys Appt Southold Town Board Regular Meeting November 1, 2016 page 13 ❑ No Action ❑ Lost 2016-975 CATEGORY. Employment-Town DEPARTMENT. Accounting Appoint Jude Petroski PT Court Officer RESOLVED that the Town Board of the Town of Southold hereby appoints Jude Petroski to the position of Part Time Court Officer for the Justice Court effective November 4, 2016 at a rate of$30.40 per hour,not to exceed 17.5 hours per week. ✓Vote Record-Resolution RES-2016-975 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled 0 Withdrawn 0 James Dizio Jr Voter ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ El Rescinded Robert Ghosjo Voter 0 11 11 ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-976 CATEGORY.• Employment-Town DEPARTMENT.- Accounting Appoint Jared McManus PT Court Officer RESOLVED that the Town Board of the Town of Southold hereby appoints Jared McManus to the position of Part Time Court Officer for the Justice Court effective November 4, 2016 at a rate of$30.40 per hour, not to exceed 17.5 hours per week. ✓Vote Record-Resolution RES-2016-976 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Seconder 0 ❑ ❑ ❑ I l Southold Town Board Regular Meeting November 1, 2016 page 14 ❑ Supervisor's Appt Louisa P.Evans ; Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2016-977 CATEGORY.• Attend Seminar DEPARTMENT: Police Dept Police Department-Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to Police Officer Roman Wilinski to attend a training course on Crimes and Social Media on 10/13- 10/14/16. All expenses for registration to be a legal charge to the 2016 Police Department budget line A.3120.4.600.200 ✓Vote Record-Resolution RES-2016-977 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-978 CATEGORY. Landfill Misc. DEPARTIVENT. Solid Waste Management District Compost Volume Pricing-Amendment It is hereby RESOLVED by the Town Board of the Town of Southold that Resolution#2016- 894 adopted on October 4, 2016 shall be amended as follows: II Southold Town Board Regular Meeting November 1, 2016 page 15 RESOLVED that the Town Board of the Town of Southold hereby reduces the price by volume for screened compost sold by the Cutchogue Compost Facility from $13/cubic yard to $10/cubic yard for purchases in excess of-500100 cubic yards, such price to remain in effect until further notice. ✓Vote Record-Resolution RES-2016-978 lI Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled __ ❑ Withdrawn James Dmizio Jr Mover 0 ❑ ❑ I ❑ ❑ Supervisor's Appt William P Roland Seconder D ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-979 CATEGORY.• Bid Acceptance DEPARTMENT. Human Resource Center Accept Bid for Milk RESOLVED that the Town Board of the Town of Southold hereby accents the bid of Arshamomaque Dairy Farm,Inc. to supply the Senior Nutrition Programs with milk at a rate of.37¢ per %pint and $4.35 per gallon for the calendar year 2017, all in accordance with the Town Attorney. ✓Vote Record-Resolution RES-2016-979 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Voter ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost it Southold Town Board Regular Meeting November 1, 2016 page 16 2016-980 CATEGORY: Close/Use Town Roads DEPARTMENT.• Town Clerk Pack 39- Cubmobile Race RESOLVED that the Town Board of the Town of Southold hereby amends resolution#2016-878 adopted at the October 4, 2016 regular Town Board Meeting to read as follows: RESOLVED that the Town Board of the Town of Southold hereby grants permission to Pack 39 Cub Scouts to hold its annual Cubmobile Soapbox Derby Race on October 22, 2016 November 19, 2016 with a rain date of November 20, 2016, from 8:OOAM to 12:00 PM, 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. ✓Vote Record-Resolution RES-2016-980 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay i Abstain Absent ❑ Tabled — — - - -- ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-981 CATEGORY: Budget Modification DEPARTMENT: Fishers Island Ferry District 2016 Budget Modification-FIFD Financial Impact: to cover over expenditures RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated October 24, 2016, which amended the 2016 Fishers Island Ferry District budget in the amount of$20.00. ✓Vote Record-Resolution RES-2016-981 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended .lames Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter 121 0 0 ❑ Southold Town Board Regular Meeting November 1, 2016 page 17 ❑ Withdrawn Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2016-982 CATEGORY: Advertise DEPARTMENT: Planning Board Advertise for Planner Trainee RESOLVED the Town Board of the Town of Southold hereby authorizes and directs Town Clerk Elizabeth Neville to advertise for a Planner Trainee for two consecutive weeks in the Suffolk Times. ✓Vote Record-Resolution RES-2016-982 0 Adopted ❑ Adopted as Amended ❑ Defeated - - -- - - - - — — - ----- Yes/Aye No/Nay Abstain Absent ❑ TabledVo ❑ Withdrawn James Dimzio Jr ter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-983 CATEGORY. Seqra DEPARTMENT: Accounting SEQRA Determination for Southold Town Senior Center Irnprovements WHEREAS the Town Board of the Town of Southold has conducted an environmental review required pursuant to the State Environmental Quality Review Act (SEQRA) for the Southold Town Senior Center Improvements funded by a grant from the Dormitory Authority of the State Southold Town Board Regular Meeting November 1, 2016 page 18 of New York (DASNY), Project ID #8289, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby determines that, pursuant to New York State Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review, Part 617.5(c)(1) and Part 617.5(c)(2), the Southold Town Senior Center Improvements funded by a grant from the Dormitory Authority of the State of New York (DASNY) are a Type II action and therefore are not subject to SEQRA review ✓Vote Record-Resolution RES-2016-983 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr over ' 2 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Seconder D ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ Robert Ghos�o Voter D ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-984 CATEGORY.• Grants DEPARTAIENT.• Accounting Accept Grant Award for Improvements to Southold Town Senior Center RESOLVED that the Town Board of the Town of Southold hereby accepts the State and Municipal Facilities Program ("SAM") grant from the Dormitory Authority of the State of New York for the Improvements to Southold Town Senior Center(Project ID #8289) in the amount of $100,000 and authorizes and directs Supervisor Scott A. Russell and Deputy Supervisor William P. Ruland to execute documents in connection with this grant after review by and approval of the Town Attorney. ✓Vote Record-Resolution RES-2016-984 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent El Defeated James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Voter D ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt 0 No Action Southold Town Board Regular Meeting November 1, 2016 page 19 ❑ Lost 2016-985 CATE,GORY.• Budget DEPARTMENT: Fishers Island Ferry District FIFD Warrant 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 October 24, 2016 in regard to the warrant in the amount of$45,603.17. ✓Vote Record-Resolution RES-2016-985 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-986 C4TEGORY.• Budget DEPARTMENT. Fishers Island Ferry District FIFD 2017 Operating Budget 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 October 24, 2016 in regard to the 2017 Operating Budget. ✓Vote Record-Resolution RES-2016-986 0 Adopted Yes/Aye 1 No/Nay Abstain Absent ❑ Adopted as Amended ,lames Dimzio Jr Voter , 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty - Voter 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Seconder 0 ❑ ❑ ❑ 11 Supervisor's Appt Louisa P.Evans Mover 121 0 0 ❑ Southold Town Board Regular Meeting November 1, 2016 page 20 ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2016-987 CATEGORY.• Policies DEPARTMENT. Fishers Island Ferry District FIFD-Separation Payments Policy RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated October 24, 2016 in regard to the Separation Payments Policy. ✓Vote Record-Resolution RES-2016-987 R1 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled �_. ❑ Withdrawn James Dmizro Jr Voter 0 y 11 ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder. R1 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-988 CATEGORY.• Policies DEPARTMENT. Fishers Island Ferry District FIFD- Credit Card Policy RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated October 11, 2016 in regard to the Credit Card Policy. ✓Vote Record-Resolution RES-2016-988 El Adopted Yes/Aye No/Nay Abstain Absent Southold Town Board Regular Meeting November 1, 2016 page 21 ❑ Adopted as Amended James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Defeated William P Roland Voter 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2016-989 CATEGORY.• Seqra .DEPARTMENT.- Town Attorney SEQRA Determination for Purchase and Installation of Public Safety Communications Equipment WHEREAS the Town Board of the Town of Southold has conducted an environmental review required pursuant to the State Environmental Quality Review Act (SEQRA) of bonding for the Purchase and Installation of Public Safety Communications Equipment, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby determines that,pursuant to New York State Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review, Part 617.5(c)(21) and Part 617.5(c)(25), the issuance of a Bond for the Purchase and Installation of Public Safety Communications Equipment are a Type II action and therefore are not subject to SEQRA review. ✓Vote Record-Resolution RES-2016-989 0 Adopted ❑ Adopted as Amended ❑ Defeated - Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover , 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter ! 0i ❑ ❑ 11 ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting November 1, 2016 page 22 2016-990 CATEGORY• Bond DEPAREVTENT.• Town Clerk Bond-Public Safety Communications BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED NOVEMBER 1, 2016, AUTHORIZING THE ACQUISITION AND INSTALLATION OF PUBLIC SAFETY COMMUNICATIONS EQUIPMENT; STATING THE ESTIMATED MAXIMUM COST THEREOF IS $400,000; APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, INCLUDING THE EXPENDITURE OF $250,000 IN FUNDS EXPECTED TO BE RECEIVED TO PAY A, PART OF SAID APPROPRIATION; AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $150,000 TO FINANCE THE BALANCE OF SAID APPROPRIATION THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to acquire and install public safety communications equipment, including ancillary building and site improvements and other related costs. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $400,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the expenditure of$250,000 in funds expected to be received to pay a part of said appropriation (including, but not limited to, E911 Revenue Sharing Funds to be received from the County of Suffolk), the issuance of$150,000 bonds of the Town to finance the balance of said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Bonds of the Town in the principal amount of not to exceed $150,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (referred to herein as the "Law"), to finance a part of said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 32 of the Law, is five (5) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will not exceed five years. Southold Town Board Regular Meeting November 1, 2016 page 23 Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b)the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor,the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish a summary of this bond resolution, in substantially the form set forth in Exhibit A attached hereto and made a part hereof, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "The Suffolk Times, " a newspaper published in Southold, New York, having a general circulation in the Town and hereby designated the official newspaper of said Town for such publication. EXHIBIT A LEGAL NOTICE The resolution, a summary of which is published herewith, has been adopted on November 1, 2016 and the validity of the obligations authorized by such resolution may be hereafter contested only if such obligations were authorized for an object or purpose for which the Town of Southold Town Board Regular Meeting November 1, 2016 page 24 Southold, in the County of Suffolk, New York, is not authorized to expend money or if the provisions of law which should have been complied with as of the date of publication of this Notice were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the publication of this Notice, or such obligations were authorized in violation of the provisions of the constitution. ELIZABETH A. NEVILLE Town Clerk BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED NOVEMBER 1, 2016, AUTHORIZING THE ACQUISITION AND INSTALLATION OF PUBLIC SAFETY COMMUNICATIONS EQUIPMENT; STATING THE ESTIMATED MAXIMUM COST THEREOF IS $400,000; APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, INCLUDING THE EXPENDITURE OF $250,000 IN FUNDS EXPECTED TO BE RECEIVED TO PAY A PART OF SAID APPROPRIATION; AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $150,000 TO FINANCE THE BALANCE OF SAID APPROPRIATION The object or purpose for which the bonds are authorized is the acquisition and installation of public safety communications equipment, including ancillary building and site improvements and other related costs, at the estimated maximum cost of$400,000. The maximum amount of obligations authorized to be issued is $150,000, with $250,000 of said cost to be paid from funds other than the proceeds of bonds or notes. The period of probable usefulness is five (5) years. A complete copy of the bond resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, at the Town Hall, 53095 Main Street, Southold,New York. ✓Vote Record-Resolution RES-2016-990 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent 11 Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter D ❑ 11 11 ❑ Rescinded Robert Ghosio Voter Z ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 21 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Z ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting November 1, 2016 page 25 2016-991 CATEGORY: Bid Acceptance DEPARTMENT.• Highway Department Accept Sand Bids RESOLVED that the Town Board of the Town of Southold hereby accepts the sand bid as follows, all in accordance with the Town Attorney: Stephanie A. Silveri $16.42/cu yd ✓Vote Record-Resolution RES-2016-991 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Voter 21 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-992 CATEGORY.- Authorize to Bid DEPARTMENT: Highway Department Advertise for Sidewalk Project on Fishers Island Resolved that the Town Board of the Town of Southold hereby authorizes and directs the Town clerk to advertise for pricing for Masonry sidewalk repairs and replacement bids for the calendar year 2016-17. Specifications will be available at the Clerk's office for review. ✓Vote Record-Resolution RES-2016-992 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter D D T ❑ + D ❑ Defeated William P Ruland Voter 0 ❑ i ❑ ❑ ❑ Tabled El Withdrawn Jill Doherty Voter 0 El ❑ ❑ Supervisor's Appt Robert Ghosio Mover 0 ❑ i ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter D ❑ ❑ ❑ 0 Town Clerk's Appt Southold Town Board Regular Meeting November 1, 2016 page 26 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2016-993 CATEGORY. Employment-Town DEPARTMENT. Accounting Police Department-School Crossing Guard RESOLVED that the Town Board-of the Town of Southold hereby appoints Alexander Sinclair to the position of a Part Time School Crossing Guard to fill in those posts due to illness or vacation effective November 10, 2016. Salary to be determined by the traffic post covered. ✓Vote Record-Resolution RES-2016-993 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _. _.. _ ❑ Withdrawn James Dmizio Jr Mover El ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ [I Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ Robert Ghosio Voter D ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-994 CATEGORY: Special Events DEPARTMENT: Town Clerk Tree Lighting Ceremony-East End Hospice RESOLVED that the Town Board of the Town of Southold hereby-grants permission to East End Hospice to'hold its East End Hospice Tree of Lights on the Cutchogue Village Green on Sunday, December 4,.2016 from 2:00 PM to 3:30 PM,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. ✓Vote Record-Resolution RES-2016-994 0 Adopted Yes/Aye No/Nay Abstain Absent Southold Town Board Regular Meeting November L, 2016 page 27 ❑ Adopted as Amended James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2016-995 CATEGORY. Refund DEPARTMENT.• 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 Old Town Arts Crafts Guild 6/10/16 $250.00 Po Box 392 Cutchogue,NY 11935 Mattituck Lions Club 10/7/16 $250.00 PO Box 1245 Mattituck,NY 11952 Southold PTA 10/17/16 $250.00 245 Hickory Road Southold,NY 11971 Oysterponds Elementary School 10/17/16 $250.00 23405 Main Road Southold Town Board Regular Meeting November 1, 2016 page 28 Orient,NY 11957 ✓Vote Record-Resolution RES-2016-995 0 Adopted ❑ Adopted as Amended ❑ Defeated , Yes/Aye No/Nay Abstain Absent ❑ Tabled - James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-996 CATEGORY. Refund DEPARTMENT. Town Attorney CPF Refund RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund (from Account#CM.1189.10)to Donald Laskey from the Town of Southold in the amount of $4,000.00 in connection with its payment of the Community Preservation Fund tax on property in Southold (SCTM#1000-141.00-01.00-024.001)purchased by Donald Laskey on October 18, 2016, as the transaction is exempt from the CPF tax. ✓Vote Record-Resolution RES-2016-996 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn James Dmizio Jr Voter 0 Ii ❑ ❑ ❑ Supervisor's Appt ' William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover D ❑ .❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-997 Southold Town Board Regular Meeting November 1, 2016 page 29 CATEGORY: Contracts,Lease &Agreements DEPARTMENT. Town Attorney Satisfaction of Mortgage- Tiebel RESOLVED,that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Satisfaction of Mortgage to Martha Tiebel for the property known as 180 Wicks Road,New Suffolk,New York (SCTM No. 1000-110.00-08.00- 021.001), subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2016-997 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-998 CATEGORY. Misc.Public Hearing .DEPARTMENT: Town Attorney Consider the Designation of the Race Rock Light Station on the Town's Register of Historic Landmarks RESOLVED that pursuant to the provisions of Chapter 170 (Landmark Preservation) of the Town Code,the Town Board of the Town of Southold hereby sets Tuesday, November 22, 2016 at 4:31 PM, Southold Town Hall, 53095 Main Road, Southold,New York as the time and place for a public hearing to consider the designation of the Race Rock Light Station on the town's reeister of Historic Landmarks . The property owner,New London Maritime Society, has requested and the Historic Preservation Commission has recommended the property for inclusion on the town's register ✓Vote Record-Resolution RES-2016-998 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghoslo Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ 0 Rescinded Scott A Russell Voter 0 0 0 0 Southold Town Board Regular Meeting November 1, 2016 page 30 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2016-999 CATEGORY.• Misc.Public Hearing DEPARTUENT. Town Attorney Consider the Designation of the Second Parsonage House Owned by Julia P. Davis on the Town's Register of Historic Landmarks RESOLVED that pursuant to the provisions of Chapter 170 (Landmark Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, November 22, 2016 at 4:32 P.M., Southold Town Hall, 53095 Main Road, Southold,New York as the time and place for a public hearing to consider the designation of the Second Parsonage house on the town's register of Historic Landmarks;.the house is located at 2500 Hobart Road, Southold,New York . The property owner, Julia P. Davis,has requested and the Historic Preservation Commission has recommended the property for inclusion on the town's register ✓Vote Record-Resolution RES-2016-999 21 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder EI ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ Robert Ghosio Voter 110 ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P Evans Voter IZI ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-1000 CATEGORY. Misc. Public Hearing DEPARTMENT. Town Attorney Consider the Designation of the Terry House on the Town's Register of Hastoric Landmarks RESOLVED that pursuant to the provisions of Chapter 170 (Landmark Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, November 22, Southold Town Board Regular Meeting November 1, 2016 page 31 2016 at 4:33 P.M., Southold Town Hall, 53095 Main Road, Southold,New York as the time and place for a public hearing to consider the designation of the Terry house on the town's register of Historic Landmarks; the house is located at 57020 Main Road, Southold,New York. The property owner, Karen Lund Rooney, has requested and the Historic Preservation Commission has recommended the property for inclusion on the town's register ✓Vote Record-Resolution RES-2016-1000 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James DmV izio Jr oter , ❑ El ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Mover RI ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 1 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder IZI ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-1001 CATEGORY.- Local Law Public Hearing DEPARTMENT. Town Attorney PH 11/22 4:34 Pm-LL Energy Benchmarking WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 1St day of November, 2016, a Local Law entitled "A Local Law in relation to Establish Energy Benchmarking Requirements for Certain Municipal Buildings" now,therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 22nd day of November, 2016 at,4:34 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Establish Energy Benchmarking Requirements for Certain Municipal Buildings" reads as follows: LOCAL LAW NO. 2016 A Local Law entitled, "A Local Law in relation to Establish Energy Benchmarking Requirements for Certain Municipal Buildings" Southold Town Board Regular Meeting November 1, 2016 page 32 BE IT ENACTED by the Town Board of the Town of Southold as follows: The Code of the Town of Southold is hereby amended by adding a new Chapter J!"j, entitled "MUNICIPAL BUILDING ENERGY BENCHMARKING,"to read as follows: §1. PURPOSE. Buildings are the single largest user of energy in the State of New York. The poorest performing buildings typically use several times the energy of the highest performing buildings-for the exact same building use. As such, this Local Law will use Building Energy Benchmarking to promote the public health, safety, and welfare by making available good, actionable information on municipal building energy use to help identify opportunities to cut costs and reduce pollution in the Town of Southold. Collecting, reporting, and sharing Building Energy Benchmarking data on a regular basis allows municipal officials and the public to understand the energy performance of municipal buildings relative to similar buildings nationwide. Equipped with this information, the Town of Southold is able to make smarter, more cost-effective operational and capital investment decisions, reward efficiency, and drive widespread, continuous improvement. §2. DEFINITIONS (A) "Benchmarking Information" shall mean information generated by Portfolio Manager, as herein defined including descriptive information about the physical building and its operational characteristics. (B) "Building Energy Benchmarking" shall mean the process of measuring a building's Energy use, tracking that use over time, and comparing performance to similar buildings. (C) "Commissioner" shall mean the head of the Department. (4) "Covered Municipal Building" shall mean a building or facility that is owned or occupied by the Town of Southold that is 1,000 square feet or larger in size. (5) "Department" shall mean the Town of Southold Department of Public Works (6) "Energy" shall mean electricity, natural gas, steam, hot or chilled water, fuel oil, or other product for use in a building, or renewable on-site electricity generation, for purposes of providing heating, cooling, lighting, water heating, or for powering or fueling other end-uses in the building and related facilities, as reflected in Utility bills or other documentation of actual Energy use. (7) "Energy Performance Score" shall mean the numeric rating generated by Portfolio Manager that compares the Energy usage of the building to that of similar buildings. (8) "Energy Use Intensity (EUI)" shall mean the kBTUs (1,000 British Thermal Units) used per square foot of gross floor area. Southold Town Board Regular Meeting November 1, 2016 page 33 (9) "Gross Floor Area" shall mean the total number of enclosed square feet measured between the exterior surfaces of the fixed walls within any structure used or intended for supporting or sheltering any use or occupancy. (11) "Portfolio Manager" shall mean ENERGY STAR Portfolio Manager, the internet-based tool developed and maintained by the United States Environmental Protection Agency to track and assess the relative Energy performance of buildings nationwide, or successor. (12) "Utility" shall mean an entity that distributes and sells Energy to Covered Municipal Buildings. (13) "Weather Normalized Site EUI" shall mean the amount of Energy that would have been used by a property under 30-year average temperatures, accounting for the difference between average temperatures and yearly fluctuations. §3. APPLICABILITY (1) This Local Law is applicable to all Covered Municipal Buildings as defined in Section 2 of this Local Law. (2) The Commissioner may exempt a particular Covered Municipal Building from the benchmarking requirement if the Commissioner determines that it has characteristics that make benchmarking impractical. §4. BENCHMARKING REQUIRED FOR COVERED MUNICIPAL BUILDINGS (1) No later than December 31, 2016, and no later than May 1 every year thereafter, the Commissioner or his or her designee from the Department shall enter into Portfolio Manager the total Energy consumed by each Covered Municipal Building, along with all other descriptive information required by Portfolio Manager for the previous calendar year. (2) For new Covered Municipal Buildings that have not accumulated 12 months of Energy use data by the first applicable date following occupancy for inputting Energy use into Portfolio Manager, the Commissioner or his or her designee from the Department shall begin inputting data in the following year. §5. DISCLOSURE AND PUBLICATION OF BENCHMARKING INFORMATION (1) The Department shall make available to the public on the internet Benchmarking Information for the previous calendar year: (a) no later than December 31, 2016 and by September 1 of each year thereafter for Covered Municipal Buildings; and (2) The Department shall make available to the public on the internet and update at least annually, the following Benchmarking Information: (a) Summary statistics on Energy consumption for Covered Municipal Buildings derived from aggregation of Benchmarking Information; and Southold Town Board Regular Meeting November 1, 2016 page 34 (b) For each Covered Municipal Building individually: (i) The status of compliance with the requirements of this Local Law; and (ii) The building address, primary use type, and gross floor area; and (iii) Annual summary statistics, including site EUI, Weather Normalized Source EUI, annual GHG emissions, and an Energy Performance Score where available; and (iv) A comparison of the annual summary statistics (as required by Section 5(2)(b)(iii) of this Local Law) across calendar years for all years since annual reporting under this Local Law has been required for said building. §6. MAINTENANCE OF RECORDS The Department shall maintain records as necessary for carrying out the purposes of this Local Law, including but not limited to Energy bills and other documents received from tenants and/or Utilities. Such records shall be preserved by the Department for a period of three (3) years. §7. ENFORCEMENT AND ADMINISTRATION (1) The Commissioner or his or her designee from the Department shall be the Chief Enforcement Officer of this Local Law. (2) The Chief Enforcement Officer of this Local Law may promulgate regulations necessary for the administration of the requirements of this Local Law. (3) Within thirty days after each anniversary date of the effective date of this Local Law, the Chief Enforcement Officer shall submit a report to the Town Board including but not limited to summary statistics on Energy consumption for Covered Municipal Buildings derived from aggregation of Benchmarking Information, a list of all Covered Municipal Buildings identifying each Covered Municipal Building that the Commissioner determined to be exempt from the benchmarking requirement and the reason for the exemption, and the status of compliance with the requirements of this Local Law. §8. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. §9. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2016-1001 J Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter Rl ElEl❑ ❑ Defeated ❑ Tabled William P Roland Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt L011lsa P Evans Mover 0 0 0 0 Southold Town Board Regular Meeting November 1, 2016 page 35 ❑ Rescinded Scott A Russell Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2016-1002 CATEGORY.• Budget Modification DEPARTMENT. Highway Department 2016 Budget Modification-Highway Financial Impact: To cover over expenditures RESOLVED that the Town Board of the Town of Southold hereby modifies the 2016 Highway Fund Part Town budget as follows: From: DB.5110.1.100.100 General Full Time Regular Earnings $ 6,850.00 DB.5110.4.100.950 Warning Devices 473.00 DB.5110.4.400.600 Other Contracted Services 6,050.00 Total: $13,373.00 To: DB.5140.1.100.100 Brush& Weed Regular Earnings $ 2,850.00 DB.5110.1.100.200 General Repairs, FT Overtime Earnings 4,000.00 DB.5110.4.100.960 Drain Pipe/Rings/Covers 153.00 DB.5110.4.100.350 Traffic Paint 30.00 DB.5130.4.100.500 Parts & Supplies 5,000.00 DB.5140.4.600.200 Meeting & Seminars 40.00 DB.5140.4.100.125 Misc. Supplies 1,300.00 Total: $13,373.00 ✓Vote Record-Resolution RES-2016-1002 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated .lames Dmizio Jr Voter El ❑ ❑ ❑ ❑ Tabled William P.Ruland Voter Rl ❑ ❑ ❑ ❑ Withdrawn El 11 E]❑ Supervisor's Appt Lill Doherty Voter ❑ Tax Receiver's Appt Robert Ghosio Mover ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ Supt Hgwys Appt 0 No Action Southold Town Board Regular Meeting November 1, 2016 page 36 ❑ Lost VI. Public Hearings None Closing Statements Supervisor Russell SUPERVISOR RUSSELL: I would offer anybody the opportunity to address the Town Board on any issue? Greg Doroski, Threes Brewing East GREG DOROSKI: How are you doing? I am Greg Doroski, head brewer and managing partner of Three Fold Holdings, Three's Brewing. One of the two breweries with a current application that is going forward through the Planning Board process right now. The purpose of me speaking is twofold, one is to seek some sort of clarity, I would like to know if we were able to continue moving forward with our application the way it is? SUPERVISOR RUSSELL: I can address that. Actually, there is no moratorium yet. The Town Board had a discussion today, to be candid, I think the discussion came a little early. I had met with the Ag Advisory Committee about three weeks ago, I met with the Long Island Wine Council and Farm Bureau about two weeks ago, what I had suggested to them was we had, certainly I have concerns. I also think there are aspects of the code that we need to consider, not necessarily in the interest of breweries or wineries and I asked them to give me back some recommendations of things they think might need to be problematic and addressed through a moratorium. We brought that to, it started to have a public discussion, so I brought it to the work session today, so we can at least clarify what some of the intent is. The town board just talked about it, we said we are going to bring the issue back in two weeks. The, any moratorium would have to be noticed as part of a public hearing. We would have to wait 30 days before we can enact it. The Town Board hasn't started discussing on where the moratorium it would be applying, whether it would be the inclusive of pending applications, whether it would just be for any new applications that came subsequent to the adoption, all those things. It's a moving target right now. It's a discussion that is underway but there has been no decision. MR. DOROSKI: Okay, so we can continue to move forward? SUPERVISOR RUSSELL: Yes. Yes. MR. DOROSKI: As we were? With the existing code? SUPERVISOR RUSSELL: Yes, the discussion in no way encumbers your application. Southold Town Board Regular Meeting November 1, 2016 page 37 MR. DOROSKI: Okay. Great. Thank you. SUPERVISOR RUSSELL: Let me point out, your application is a good example of the internal conflicts of the code. Currently, industrial zoning, which a brewery is permitted in, incidentally, the code doesn't even have a definition of brewery which is some of the things we need to address. Not for a winery either. The industrial zoning allows for retailing as a small component if the industrial zoning was located in the halo center. For a lot of the industrial property, they are outside the halo, so no retailing would be permitted. I understand that you are already talking to the Planning Board and you are going to sign a covenant that's going to preclude you from retailing down the road. Some of those things the town might need to visit is, whether we might need to revisit the issue of where and when can you retail. There is a good example with wineries. They are allowed in the industrial zones and in the halo zones they are not permitted to retail, despite the fact that state law requires that they retail on site. So we have these internal conflicts that need to be addressed and then we need to step back and take a larger vision, a longer vision as to what do we see down the road? Are we going to permit them in the AC, agricultural conservation zones, aren't we, if we do, what are going to be the circumstances under which we permit them and this pertains to everything that's basically fermenting, distilling. Breweries or wineries. So there's a long term discussion trying to address issues for the next 20 or 30 years. MR. DOROSKI: Oh, yeah, I realize that. And to be clear, our application does only entail a production facility. We felt and it seemed like going through the process at least planning was in agreement that our use was appropriate. SUPERVISOR RUSSELL: Yes, I know the covenant will basically be consistent with the current intent of the zoning which wouldn't allow for retailing but it would still need to visit the future of your industry, the distillery industry, in fact wineries. MR. DOROSKI: Okay. Thank you. Charles Cuddy,Esq. CHARLES CUDDY: Good afternoon, I am Charles Cuddy, I also represent Threes Brewing. Just to follow up, a little bit Supervisor and members of the Board, I think that we are concerned about a moratorium because we are at a good position to get approval. We have and I talked today to Brian Cummings who is the site planner, and we have gone through the site plan application, so we have covered drainage, we have covered landscaping, we have covered every aspect, we think, that is involved in this application. And we think that this could be approved and we would hope certainly, that the board does not have this as retroactive as an application as opposed to a prospective application. We are saying you should be looking forward, if you are having a moratorium. And by the way,just to comment on a moratorium, you know it really is not (inaudible) because it disrupts property use. And it hurts property use because you can't sell your property, you don't know what it is going to be subject to, you can't use your property because you have a moratorium on it. So it is not a casual thing to adopt a moratorium and I hope the Board seriously considers both prospective and retroactive applications. But in this case, I want to point out to you that this is a one acre site, that it's in the industrial area, that it has perhaps three to four trucks a week coming to it so the traffic is minor, that there is nothing Southold Town Board Regular Meeting November 1, 2016 page 38 at this site that is going to disrupt anyone. I mean, it's certainly the right zoning. It's a place that's out of the way. It's hard to believe that there would be any concern that this should be part of the moratorium and I would hope that the Board would really take a look, hard, when you are making up rules not to include something like this in it because it would, it's really completely adverse to what I believe the Town Board does. I think the Town Board is concerned about general welfare, I think you are talking about a prosperous community and I think that this is the kind of site where you could have real property taxes, where you could have five or six individuals getting good pay, that the Board would encourage, not discourage. So I ask you not to include it. Thank you. SUPERVISOR RUSSELL: Thank you. Mark Miller MARK MILLER: Good afternoon, I am not as eloquent as these guys are, so I wrote my comments out. My name is Mark Miller, I am a resident of Southold. Partner in F and S LLC. We are the owners of the property on cox Lane for this project. It is known as Cutchogue Business Center. The businesses operating at the business center include farm to table, Taste of North Fork, the potato chip production factory called North Fork Potato Chip, the pickle production operation called Backyard Brine and new Charissa, a spice manufacturing operation. The entire direction of our development on the site is based on supporting the commercial enterprises being sprung off the agricultural industry and the burgeoning food and beverage industry on the north fork. The most recent project we are in application for is Threes Brewing, we're in application for nearly six months and as Mr. Cuddy said, we are at the point where we have addressed all of the requirements of planning. We are also hopeful to have a SEQRA declaration soon. We have expended about $100,000 in architectural, legal, engineering, consulting etc. in this application process. We have about $1,000,000 worth of equipment specifically engineered for the brewing operation. This is specified for the particular operation that contract is p ending, along with the contract for constructing the building itself. The business will require a minimum of 8 fulltime employees, ranging from $50,000 to $85,000 per year in compensation and these are real, fulltime jobs for local people. The brewery will be a beer production facility only. It is the only use we are applying for. Not retail, not tasting room. This weekend I wrote an email to the board members as a result of reading the article in the Suffolk Times titled `Supervisor proposing moratorium on new wineries and distilleries' and in the article the supervisor was quoted as saying the existing codes lack definitions for tasting rooms and agricultural uses. He stated that wineries, breweries and distilleries have negative impacts such as increased traffic on the community. In this morning's session, retail operations at breweries were discussed as were quality of life issues. Policing, emergency services, limousines being driven on country roads, alcohol being served at farm stands. All real issues for sure. But none of them relate to us. They don't apply to the operation that we have. Our application is purely to build a building where beer can be made. Earlier today you talked about the definition in Webster's for brewery and quite frankly, it's a place where beer can be made. That's all we are trying to do. There's no retail sales and no tasting room. The part of the article that concerns us the most was the fact that the door was wide open for the possibility of existing applications to be pulled into the moratorium. We feel that the existing application is moving through the process, we are feeling that we are near the end but an actual moratorium is going to Southold Town Board Regular Meeting November 1, 2016 page 39 take time to get in place as you say, however, a discussion of a moratorium that may include projects such as ours will likely impact the progress of our application through the town bureaucracy. And also, raise real concerns among the businesses involved with these projects. People are going to be saying, oh, well, maybe this is going to be included. If so, we can slow walk this thing and even though on paper, our application should be getting through the process well before a moratorium is decided, human nature is human nature and also the fact that business people and business relies on the government playing by the rules and sticking by them. Instability and ambivalence is a deal killer. I understand that the moratorium will take a long time to arrive at but I urge you to emphatically and immediately pronounce that anyone that has had an application in process as of November 1 should immediately be exempt from a moratorium and that needs to happen now, not even a month from now because there are investors involved, there is the bureaucracy of the town involved and I can just see this thing coming to a screeching halt and this deal potentially falling on its face just because of the way that people are. And it's a very real concern. People need to have certainty in business and stability. We have played by the rules all along and to have the rules even implied that they are going to change is quite serious and it's wrong. We've worked very hard in the planning process and we did so just as hard when we were going through the subdivision process. In fact, we were specifically complimented by the chairman of the Planning Board at the end of the subdivision process for the manner in which we responded to their questions and requests and we expediently put our money where our mouths are by posting bonds, by doing site development at the project and following through with everything that we said we were going to do and ahead of schedule. Including businesses in a moratorium that are already deep in the application process and have played by the rules is wrong. It is the classic example of moving the goal posts in the 4th quarter and would most certainly kill a perfect project for the industrially zoned property north of the town landfill. It is consistent with the other businesses, producing potato chips and pickles and spices on the property and we should not be the by catch of a widely cast moratorium net. Thank you. SUPERVISOR RUSSELL: Sure. Just a couple of things, like I said, the conversation was a little bit premature because I met with a couple of groups and I met with a couple of key people in Town Hall and it started to get out as part of a public discussion and I wanted to dispel any myths about it. But you know, I appreciate everything you said. I think ambivalence is a little inconsistent with what we are trying to do, ambivalence would mean no moratoriums. I understand everything you are doing, we are stepping back and looking at some of the larger pictures down the road. That was really the intent of discussing moratorium. And I understand you have an application pending and you are worried about how that might affect investors and others, this is the problem whenever we are going to talk about a moratorium, there is going to be an application pending. It's just the nature of the interest in investing in those types of operations. So sooner or later, we have to talk about it. This Board hasn't even, literally, the first time they got to talk about it was today at the work session. This was my doing, I went to the Ag Advisory, I went to the Farm Bureau and the Wine Council because I have been raising the issue for months that there are concerns here and I appreciate you quoting me but that's only about half of what I said. I talked about we have to consider the negative impacts because we are talking about commercial uses in the AC zones and there are consequences to that. so we need to factor that into the equation. But we also did talk about maybe the need for these types of new Southold Town Board Regular Meeting November 1, 2016 page 40 businesses to have a retail component, to have, you know, we talked about the viability of these, we talked about all of that stuff. I think you have to take my comments in its entirety. MR. MILLER: Oh, I did. And certainly a discussion about retail or a tasting room or something, that can go on after our project has not been stopped by your moratorium. If it applies after the moratorium, if you create the opportunity for retail or a tasting room for properties like ours after the moratorium, well we'll be allowed to do that but we shouldn't be precluded from the application which is only to produce beer right now at this point in time. And although the cats out of the bag early and you didn't intend it to, it's out. And so the affects in our town government, I am concerned, will be felt by that slow walk in the process for everyone who says, let's just wait and we will see what happens. And that will be wrong. SUPERVISOR RUSSELL: Fair point. MR. MILLER: Thank you. SUPERVISOR RUSSELL: Would anyone else like to address the Town Board? Jim Miller JIM MILLER: My name is Jim Miller, a family with three generations in the Town of Southold and a businessman for 60 years. The project we are embarking on in the Cutchogue Business Center has certainly been focused on the farm to table concept. The proposed moratorium that is being talked about regarding a brewery, is poorly defined in the code. In fact, it is no different from a doggie biscuit factory producing doggie biscuits from local produce and packaging and distributing outside of the area. If we are going to be considering a moratorium on this brewery so far along in the approval process, we should simultaneously consider the many other uses for industrial property, such as (inaudible) manufacturing or a doggie biscuit factory because they are ill-defined in the code and non-existent. So, there is no significant impact on the community other than originally generating construction workers high value employment and then later jobs as a brew master and his assistants will be paying living wages for approximately 8 families. It is wrong and unfair to consider a moratorium in a project this far along, invested in the long permitting process. SUPERVISOR RUSSELL: Thank you. Would anyone else like to address the Town Board? COUNCILMAN GHOSIO: I do want to say that the points that these folks bring up today is an important point and I had mentioned it this morning that I was concerned about the possibility of folks whose projects are well into the pipeline towards getting their permits and their plans set for what they had planned to do could get caught up in this thing and I am glad that you came down here and presented your point of view and I think it is going to be well thought out by the Board before we make any further decisions. SUPERVISOR RUSSELL: And let me just say, that nobody sat down and said, we have got these pending applications, how do we sit down and stop them? What I talked about months ago was we are having a lot of people coming in to construct breweries on ag land. That would be Southold Town Board Regular Meeting November 1, 2016 page 41 problematic for me because we don't have a definition of what a brewery is in the code, we don't refer to Webster's, we don't even reference it. We have experience with regard to wineries and the proliferation, we need to bring some of that to bear on these new industries. Again, we talked about the AC zones, when I had the state of the town, that's what I mostly focused on. We also have an Ag and Markets that keeps moving the goal post because they keep changing the rules each and every week. So we do have to look at the code we have and look at the Ag and Markets law to see if it's consistent or not and maybe use the Ag and Markets as guidance. I wouldn't say that we need to be completely consistent because we might not agree with what Ag and Markets wants from each town with regard to zoning, we might borrow some of what they suggest and then for some of the other stuff say, I am sorry that is not good for Southold Town. But it's always part of a general discussion, nobody looked at specific applications or anything like that. This is an issue I raised months ago, it was brought to the Town Board today. No one ever stopped for a second to say you know, we are going to try to stop these. Greg Doroski MR. DOROSKI: I think some of the concern was, you know, we are in an industrial zone and we specifically chose an industrial zone after speaking with the Planning Department, and it seemed like it was a good fit. SUPERVISOR RUSSELL: Yes. MR. DOROSKI: Such a good fit that we entered into the process a number of months ago, have been working through the process and at least there was the perception that the goal posts (inaudible) and as long as you are telling us that we can continue moving forward and that this potential moratorium will not affect us, in fact (inaudible) I think we are satisfied. SUPERVISOR RUSSELL: What I can say is, the Planning Board can't use a work session discussion as a means of doing their job. The current code is the code, their site plan process, all that, nothing brings that to a screeching halt. Absolutely, discussion does not do that. And I think Mr. Cuddy can affirm what I am saying. COUNCILMAN DINIZIO: I have to agree that even a discussion of a moratorium has a dampening effect on anyone's plans, and I for one, I don't know what would make me vote for a moratorium. Just to let you know. I think as I have been listening to the discussion that, you know, we are trying to micromanage our zones too much, it kind of puts a, it doesn't allow for innovation. If we are going to sit up here, I am not in the business of farming, I know nothing about it. We have a farmer up here, he knows about it. Scott was an Assessor, for us to try to define brewery to a point where we are absolutely sure of where it's going to go and how it's going to affect anything, to my mind, it's just not fair to anybody. So I would likely not vote for a moratorium and I think there's a sentiment for that and I do think that you know, having it so public and hanging over your head does a disservice to you. I do agree with that, whether or not what we can do, I know the last time I was in a moratorium discussion, we did discuss people that were in the pipeline and tried to define where exactly they were in that and then went from there. I don't recall what the result of that was, we should find that out and you know, I am not sure how the Planning Board does that. I know I served on the Zoning Board for a number of Southold Town Board Regular Meeting November 1, 2016 page 42 years where if we had an application that was deemed to be complete, that's not approved but complete, in other words, all the information is in, then you know, that application is in the process. That's the way that I would look at it now. I know the Planning Board does it a little bit differently but any discussion that you know, I would be more than willing to have with Heather in that where we can define where people are in the process, I would be more than willing to announce at that point, they are not going to be considered as a subject of any moratorium that we might consider here. That's probably the most reassuring I can be. SUPERVISOR RUSSELL: Let me just clarify, first of all, your application that's pending is for a manufacturing facility. It's not for a brewery. Now a brewery in its entirety maybe should be permitted there so that you are not precluded from certain aspects of a brewery. That's what we are looking at. Jim says we are micromanaging the code, I say it's just the opposite, we haven't done any managing of the code. Ag and Markets has been doing it for us, and I don't think that's the role of ag and markets. I think we need to work with them but there are certain instances where I don't want them dictating what we are going to allow or not allow in the AC zones or the residential zones. That's really where the core of my concerns are. It's not to say they shouldn't be here, it's to say if they are going to be here, where should they be and what should be circumstances under which they have them. That's what I think that, and again, the Board never focused on three or four applications pending and said we have got to stop them. I understand the dampening effect, and certainly we will consider that. We are having a discussion in two weeks and everything that you said tonight will be part of that discussion. MR. DOROSKI: And we do welcome the opportunity to investigate the ability to really maximize the (inaudible) but as a starting point, this application is just for manufacturing and it's scary that may be called into question because of other issues that are (inaudible). I think that for me,that that is just a major point. SUPERVISOR RUSSELL: Everything you said, it's fair. Absolutely. Anybody else? MR. DOROSKI: In as much as the concept of the moratorium is going to be discussed for quite some time, is there any way that we could get some certainty along the lines of what you were saying? Is there a resolution that could say, very upfront and doesn't affect one way or the other, the moratoriums' being put into place but simply a statement from the Board saying in the event the moratorium does go through, this is one thing we can tell you now and there's a specific statement that applications at whatever stage of the process that the'Board decides will be exempt from the moratorium. SUPERVISOR RUSSELL: We are going to meet in two weeks, again, I don't want to be unfair to this Board because today was the first day they discussed it, we are going to meet again in two weeks. I imagine by then we are going have a pretty clear understanding as first, does this Board think there is a need for a moratorium and just go on a piecemeal approach or, and if there is going to be a moratorium, who do we plan on what are the circumstances for the moratorium, do pending applications count? Don't they? I think that will be the discussion in two weeks and you should probably have a clear indication at that point where the Board would stand on it. Okay? Work session, absolutely. Southold Town Board Regular Meeting November 1, 2016 page 43 JUSTICE EVANS: And the way I look at it, it's not just whether it's a pending application, it's the vested interest of that application. How far along they are, how much they put into it. and I think your attorney can tell you that's all considered when you have a moratorium, on who it affects and who it doesn't. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? MR. DOROSKI: I think another concern I have with a moratorium, just simply directing it at breweries, distilleries and wineries, is at least implies that those industries are kind of the sole cause of some of these issues our community is facing. They absolutely do play a role, but to say we are going to solve our traffic issues by coming up with a better code as it relates strictly to these industries is, I think, is flawed. You know, if we look at the traffic we have had the past few weeks, that has very little to do with breweries, it has very little to do with distilleries, has very little to do with wineries. People are out here to pick pumpkins. You know, as we look at traffic in the spring out here, it was closely related to the lavender farm. I think where Mr. Miller may have a point, if we look at the traffic issue just as it relates to one industry, I think we limit the possibility of coming up with a more global solution. You know, traffic has been an issue out here in the summer for as long as I can remember and it is getting worse, I will admit that. I don't think I am ready to say it's because of the wineries, breweries and distilleries. I think by highlighting one industry or group of industries and ignoring others, we run the risk of not finding legitimate and effective solutions. SUPERVISOR RUSSELL: I appreciate that. Nobody proposed a moratorium to address traffic, it is one of the myriad of issues that need to be addressed. I understand the pumpkins and all that but it's six weeks, and we need to address those as well but we do have infrastructure demands. We have limousines, we have busses and no, it's not just the wineries, breweries generating that but there are impacts and we need to factor that in and again, I am going to talk about the AC zones. What do we want to see in the AC zone for the next decade? If you talk to New York State, they are going to define a brewery as requiring 20 % of the hops to be bought from other New York State producers. MR. DOROSKI: To be clear, that's a farm brewery. There are distinctions even within the brewery code and the code that we are, you know, the license that we are going to be licensed under is a microbrewery which is not guided by those farm brewery rules. SUPERVISOR RUSSELL: Fair point. The ag and markets law pertains to the farm breweries, so if the state is saying, look, if you are a brewery, if you buy 20 % of your hops from one of the New York State producers and there is no requirement to produce locally, then does the town want to revisit that and say, you know what? It's not really for ag and markets to define that, in Southold Town, the retailing, the wineries and all that stuff, we have been very supportive all these years because one of the benefits is keeping land in production locally. So if we are going to say require that, how many acres, it's all of those things. But again, I appreciate all that you are saying, no one really started itemizing you know, what's going to pertain, what wineries and breweries are going to subject to this law or not but I assure you, in two weeks we are going to have a clear understanding of at least the pending applications. Southold Town Board Regular Meeting November 1, 2016 page 44 MR. DOROSKI: I guess my concern is, we talk about quality of life issues, you know, it's a concern for me that as a young person that grew up out here, there's no jobs. And one of the big benefits of the project that I was looking to do and still looking to do out here is jobs. You know, I think we need to define what the problems are that we are trying to solve and if the issue is not the brewery, the winery and the distillery and they are quality of life issues that are related to these, we may be better suited in looking at these quality of life issues and drilling into some of the other root causes. Because if we say that traffic is more of a concern for the breweries, vineyards and distilleries because it's more year round than pumpkins, it's not such a big deal because it's only six weeks out of the year, we are making assumptions that guide decisions that we are making and I am fearful that yes, we may clarify the code as it relates to breweries, vineyards and distilleries but in the end that's not actually improving the quality of life. It's just improving the code. Right? And if code clarification is the primary motivation here, I guess it would be my contention time would be better spent to improve quality of life. SUPERVISOR RUSSELL: You have to consider cumulative impacts over time, we have experience now. When the code was created by in the late 70's early 80's, we had no experience with wineries. That's why the code is rather shallow. There's not much there. Well, we have that experience now, so we need to look at that and say, these are some of the things we have been dealing with, good and bad. What will be the cumulative impacts over time? The next 5, 10, 20 years. And they are quality of life issues. I sit in that chair, I get complaints all the time because some wineries say we need to have special events, we need to have weddings, we need to do all of this, great, but there's impacts. There's traffic, there's all those things that need to be factored in and it's not looking at the industry as it exists, it's looking at the cumulative impacts over time. Particularly if we start adding those new uses. MR. DOROSKI: Yeah. My whole point, I agree with you, there's absolutely cumulative impacts you have to look at. my question though and I guess really my contention is that traffic, quality of life, the causes are far more wide ranging than three industries and I do wonder if there is maybe a better approach of trying to solve the traffic problem, of trying to solve the jobs problem,to trying to solve drunk driving, to trying to solve all of these other points. That's all. SUPERVISOR RUSSELL: I know but let's step back first. Let me explain something. And I have said this time and time again, the current code doesn't allow for breweries other than in the Industrial Zones, but then it doesn't allow for retail unless you are in the Halo. You need to look at it and say, you know, the code doesn't accommodate these, even though there is a lot of interest in that. Maybe we need to loosen the code to accommodate these but if we are going to do that, where do we want them? What are the circumstances under which we are going to allow them to open? You know, it's a two way street, it's not just the Town Board is going to institute a moratorium and then start eliminating uses under the guise of the moratorium, it goes two ways. Distilleries aren't referenced, all of those things need to be factored and what's going to make you viable? And if you don't, maybe up there, what your goals are, you're fine. But if an upstart wants to open a small brewery but they don't want to do it in an industrial center, maybe they want to do it on farmland, is the town going to allow that? What are the circumstances under which they are going to allow? What do they need to stay viable? None of that stuff has been anticipated in the code and we need to do that. It's, that's why it's global. Southold Town Board Regular Meeting November 1,2016 page 45 MR. DOROSKI: Inaudible remarks from audience. SUPERVISOR RUSSELL: Yes. MR. DOROSKI: Inaudible. SUPERVISOR RUSSELL: Fair point. Mr. Miller MR. MILLER: You know this moratorium is kicked around like it's a fairly minor and incidental event and, that you have problems to deal with on a global basis and I generally solve problems one step at a time and if you try to attack the entire problem all at once, you get no place. I see no reason why if you see problems with traffic, deal with traffic. If you have problems with health and safety, deal with health and safety. If you have problems with zoning, you have procedures to follow. I don't understand this concept of a global settlement for the entire project. I think you will fail from the beginning. If you start to incrementally solve your problems one step at a time, I think that's good management. I think the other is just poor management and it's a shotgun attempt to solve small problems or even major problems. SUPERVISOR RUSSELL: I am going to disagree with you vehemently, I think the one problem at a time is how we got a code that isn't sufficient to address all the challenges that face the town. I think that you need to step back and look at it globally. That's what this Board does. It's called vision and we look at the needs of the town over the next 10 or 20 years. This one issue piecemeal approach has produced a code, a good example again, allowing wineries in industrial zones but saying they can't retail even though the state says they have to retail. That's how you produce bad code. That's not leadership, that's a copout. When the Town Board is unwilling to do the hard work of looking at the larger picture. That's where the work is, that's where the necessity is. And anybody that wants to go one step at a time, with regard to our role in government, I think is taking the easy way out and that would be a shame. COUNCILWOMAN DOHERTY: I think that we do need to look at several sections of the code at the same time and I am not so convinced that we can't do that without a moratorium. I am not convinced that we need a moratorium to look at all these sections and that's something that we have to discuss as a Board, as has been said, this is the first time we are discussing it and I think that in part of that discussion we have to decide and we need to decide how far along that application is at that point and you know, draw the line in the sand at that point but I am not even sure that we need a moratorium and I think we can tackle a lot of these problems without it. So it might not be an issue. Mr. Cuddy MR. CUDDY: I just have two questions and I just have been picking up on his point. Do you really need a moratorium to visit all of these problems, I don't know that you do. But secondly, there's a comprehensive plan under way, can you tell us where that is because a lot of this can be looked through the comprehensive plan? Southold Town Board Regular Meeting November 1, 2016 page 46 SUPERVISOR RUSSELL: The problem with the comprehensive plan is that, yeah, we are in the land use chapter now but you also need to visit the issues of Ag and Markets law. And that changes every day. The comp plan, when it is adopted and we anticipate adoption of the land use chapter soon, the ag and markets evolve each and every day, so we need to look at those. And again, it's, the code didn't consider that. Yes, we could probably include a lot of that in the comp plan but again, if you are going to wait for that, let's talk about fairness to the brewery industry. If you are going to wait for the land use chapter to be adopted and then the comp plan to be adopted in its entirety, you talk about a delay. You know we are going to be 10, 15, 18 months away from that. That means upstart breweries that might want to open now or a few months from now while this money is available from New York State, they can't. MR. CUDDY: Okay, thank you. You talk about the ag and markets law being evolving over time, you may never catch up. What you are telling us, I understand that it happens quite frequently, no matter where you are. You are at point A and they are at point B. That's a continuing problem that's not going to be solved. SUPERVISOR RUSSELL: But this is why we need to decide what we want to do with Ag and Markets, do we want to stand our ground? I think we need to define for ourselves what our land use needs are down the road with the agricultural industries. I do not want Ag and Markets to define it. we can look to them for guidance but when we, we need to decide, where do we see the evolution of these industries going? But we do have current Ag and Markets issues to consider, again,that's not anticipated in the code. MR. CUDDY: I think we all appreciate the discussion and we thank you for having us here and letting us talk to you. SUPERVISOR RUSSELL: Thank you. COUNCILMAN RULAND: I think there's one thing that probably I am the one that speaks the least most times but there's probably something that can be said that's pretty agreeable across the Board as today, the discussion has begun. I can tell you, I am not a big proponent of moratoriums. I think they hurt people. The issue is big, as the Supervisor said. But we had some general discussion at the work session this morning that talked about engaging the industries that are affected and bring them to the table. And let's talk about all the things that you have spoken about and that encompasses just about everything everyone has spoken about. And let's talk about these issues. Are there bigger issues like the Supervisor says? Then we need to incorporate the vision of those issues as well. Does the world have to stop while this is going on? I tend to believe with Mr. Cuddy that the world, the only thing that's constant in this world is change and it's changing all the time. And that's pretty much evident to us, whatever we do, wherever we go, every day, something is different than it was the day before. We are talking about a vision, the comprehensive plan is probably too far off and too far away to not begin this discussion now. One of the most important things to me, and I only speak for myself, is that people take the time for an issue, whatever it is and we have had a whole bunch of them since I have been here, to come and say what is on their mind about an issue. The only thing I say right now that disturbs me is that most of the time very few people use the word proposed in Southold Town Board Regular Meeting November 1, 2016 page 47 the word moratorium, everybody spoke of it that this is going to happen no matter what. And I really think that's a stretch. I made the statement this morning that I don't know if I can support it unless the whole world is going to implode because it just takes too many businesses and people and plans with it. The same token, I also know that when there's something that needs to be done, when people put their heads together to get it done, if they want to do it, sometimes they can get it done in record time. Not necessarily in government time which can take a long time, okay, because the issues need to be addressed. If there needs to be definitions developed, it's really sometimes in my opinion, portrayed as a bigger job than it really is. Because there are definitions out there that other people have already defined. Let's look at them, let's see, alright, do they meet something that would satisfy us and can we use that, okay? If we agree, then fine. We have solved that hurdle, let's go on to the next one, as Mr. Miller said. And these things don't have to take forever, they really don't. it takes commitment, that's true and I think it takes give and take and to the Supervisor's point, I think we'll have a discussion in two weeks. We certainly have more material even today than we did this morning because it's changed. People came and took the time to come speak and I welcome that because government isn't much government unless you listen to what the people have to say. That's all. I mean, that's what I think I should say and that's it. Howard Dickerson HOWARD DICKERSON: Pardon me, since I arrived late I probably missed something. Howard Dickerson. I got here late because it was my last day of grape picking. I am a member of the wine industry and my family has been farmers here forever and we sold some development rights, so I do have some thoughts in a lot of directions on this but a couple that are germane right now, I think that a lot of the emotional motivation behind things that might be happening right now are related to, as you were discussing, quality of life issues. Yet the quality of life issues as we have seen them evolve over the wineries over say 20 or 30 years like the noise and music and whatever issues, all of those were able to be addressed without a moratorium. They all had to do, and not only that most of them had nothing to do with zoning well, something to do with zoning codes. They were able to be addressed on the fly using a consensus in the community and there were some fairly clear, you know, players who were clearly over the line even though the line had not been written in the code, people were mostly able to come to an idea where those lines were and incorporate it into future regulations but it always happened without a moratorium and what worries me about doing this as a moratorium is that you are taking emotional issues that have always been dealt with in quality of life issues and imposing a building moratorium which is not really germane to the underlying emotional issue which selectively only hurts people who have current things in the pipeline right now and even worse than that, selectively hurts the small guy. Because let's take a big winery, Pindar or some of those guys, they are people that have the resources to wait, if they wanted to have a big development, they have time and resources to wait whereas sometimes people with small projects don't have two years to wait to get through a zoning change and a moratorium and everything else because people without a lot of resources kind of have to be able to move when they able to move. A moratorium would selectively hurt small players, new players and also these couple of industries selected out from other industries. And so that's just my two cents about this issue of a moratorium. Every one of these issues has to be addressed, you are absolutely right that the zoning code has to be updated. And we've seen a lot of wineries go Southold Town Board Regular Meeting November 1, 2016 page 48 through long term processes which may have bent the zoning codes and most of that was done by some sort of sense of consensus which was then used to create future changes in the code and I don't see any reason why current projects right now that may be happening outside of the code can't be use as case studies for future changes in the code even though they are allowed to proceed as part of the conversation instead of just saying, no, you have to stop while we finish our conversation. So,that's my two cents about the moratorium. Supervisor Russell SUPERVISOR RUSSELL: Would anybody else like to address the Board? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:45P.M. Eli abeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell