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HomeMy WebLinkAboutTB-11/22/2016 ELIZABETH A.NEVILLE �VFF04 Town Hall,53095 Main Road TOWN CLERK a°oma ooy PO Box 1179 Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o' Fax(631)765-6145 MARRIAGE OFFICER 4, Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD SOUTHOLD TOWN BOARD REGULAR MEETING November 22, 2016 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday,November 22, 2016 at the Meeting Hall, Southold,NY. Call to Order 4:30 PM Meeting called to order on November 22, 2016 at Meeting Hall, 53095 Route 25, Southold,NY. Attendee Name Organization Title Status Arrived James Dinizio Jr Town of Southold Councilman Present William P. Ruland - Town of Southold Councilman Present Jill Doherty Town of Southold Councilwoman Present Robert Ghosio Town of Southold Councilman Present Louisa P. Evans "Town of Southold Justice Present Scott A. Russell Town of Southold Supervisor Present Elizabeth A.Neville Town of Southold, Town Clerk Present William M Duffy Town of Southold Town Attorney Present 1. Reports 1. Monthly Report-Building Department 2. North Fork Animal Welfare Laegue, Inc 3. Monthly Reports - Solid Waste District 4. Board of Trustees Monthly Report 5. Programs for the Disabled Monthly Report 6. Justice Evans Monthly Reports 7. Planning Board Monthly Report November 22, 2016 Southold Town Board Board Meeting page 2 II. Public Notices 1. Suffolk County Dept of Economic Develop. & Planning III. Communications IV. Discussion 1. 9:00 Am -Public Hearing- Coastal Erosion Appeal 2. 9:15 Pm -Denis Noncarrow D 3. 9:30 Am -Jim McMahon 4. 9:45 Pm -Jamie Garretson, HPC Chair 5. Amendments to Chapter 275 & 280 6. EXECUTIVE SESSION -Labor-Matters Involving Employment of Particular Person/S Public Hearings PH 11/22/16 9:00 Am Coastal Erosion Appeal This hearing was opened at 9:00 AM SUPERVISOR RUSSELL: We are going to open a formal hearing on a Coastal Erosion Appeal but then we are going to have to adjourn it because the gentleman that is going to come before the Board is stuck on the ferry. He had been the, given the weather conditions out there. I don't think I should take testimony from anybody and it doesn't look like anyone is here to testify anyway, so can I get a motion to adjourn? COUNCILMAN RULAND: I make a motion we adjourn this hearing. This hearing was reconvened at 9:24 AM COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold hereby sets November 22, 2016 at 9:00 AM. at the Southold Town Meeting Hall, 53095 Main Road, Southold,New York as the time and place for a public hearing upon the Coastal Erosion Hazard Board of Review Appeal of the Harrington Family Limited Partnership, which seeks relief from Section 111-6 and 111-13(5) of the Town Code to re-construct an existing dock in-kind within a nearshore area in a Coastal Erosion Hazard Area located on property on parcel SCTM# 1000-2-1-12.2 off Private Road along the west shore of Clay Point, West Harbor, Fishers Island Sound, Fishers Island,New York 06390, and directs the Town Clerk to publish notice in such appeal in the Suffolk Times newspaper not less than ten (10) days nor more than thirty (30) days prior to such hearing and to notify the applicant by first class mail. November 22, 2016 Southold Town Board Board Meeting page 3 SUPERVISOR RUSSELL: I would invite anybody that would like an opportunity to address the Board to please feel free? KEITH NIELSEN: Keith Nielsen, I would like to address the Board on behalf of the Harrington family for this appeal. I am a professional engineer in the state and I prepared the application documents that are before you today. the waiver is requested from the Coastal Erosion regulations, primarily the section which limits coastal erosion dock structures to 200 square feet. This is a longstanding dock, it's been in place for 40 years or thereabout and this is a rebuild project. The rationale for our appeal is that this is a coastal bluff, it is a retreating coastal bluff. It's a badly eroded and the shallow subtidal zone sediments in front of the bluff are rocky in nature, not suitable for docking facility, I should say for boating because of the shallow water depths and the rocky bottom nature. The shoreline is a rocky shoreline, there are boulders throughout the tidal zone and shallow subtidal zone and there is great potential for the boat to impact the bottom sediments. To give you an idea of how 50 feet, 200 square feet would be 50 feet by 4 foot wide and where my finger is pointed is 50 feet from the apparent high water line and as you can see, we are in less than a foot of water there. there would be no doubt that there would be bottom contact. Because of the nature of the site,just beyond the boulders and we shot every boulder that was more than 3 1/2 feet in diameter, and those are shown here. The rest of the rocky shorefront is all throughout this area. So at the south end of this property, there is a band of eelgrass and there are small patches throughout the area. We felt that, because of the imperative directive from federal agencies to avoid impact on eelgrass, it was logical to get us past the eelgrass as well as the boulders to utilize this area for boating access, even to avoid as much as possible maneuvering through the eelgrass, since in the shallow waters we would no doubt be hitting it with the propeller. This yielded the configuration that we have got here for you today. over the past four years, we have obtained all of the permits necessary for this project. Unfortunately, the town permit was due to expire after two years which was almost two years ago. We got a one year extension for it. unfortunately, the Harringtons, due to some family circumstances, were not able to proceed with construction and ultimately have to sell the property. We already got the one town extension, that extension expired in March of this year and we were unable to get another extension for it. so we applied for a whole new town permit, including the tidal wetlands and the coastal erosion zone permit. We have reviewed the regulations of the town ordinances in detail, as well as the coastal management policies of the state and the local waterfront revitalization program. We meet all of the standards except the 200 square feet. We have obtained in the last 15 years, or 17 years, more than a dozen other permits for similar structures either building new structures or rebuilding old structures, some of which were damaged by hurricanes as far back as hurricane Bob. All of which were done after which the coastal erosion zones regulations were published. These included Meyers, Regal, Bingham. hose are all east of, I am sorry, west of Osprey Point. DuPont and Weyman which are in west harbor,just south of this site. Long, Charpentier, Carrente, which are just around the corner on Clay Point and going around to the next point and then Campbell and Lucille Balcolm out in East Harbor and all of these docks are similar in size and nature and half of them were rebuilds and half of them were new docks. The, we have done everything that we know to make this dock compliant with all of the programs and I would also point out that the NY DEC which created the original coastal erosions permitting, we meet all of their requirements and their permit is still valid. So we respectfully request the waiver to the coastal zone 200 square foot November 22, 2016 Southold Town Board Board Meeting page 4 requirement to allow us to rebuild the dock in accordance with this configuration. I would be happy to answer any questions you may have. COUNCILMAN GHOSIO: Keith, the first question I have is that you mentioned that you had a town permit already and that you went through the extension period and stuff, I don't recall that we had to put this through an appeal process the first time. MR.NIELSEN: No, it was approved as submitted. COUNCILMAN GHOSIO: What was the rationale for not approving it this time? MR. NIELSEN: The, this is the first time the 200 square foot criteria has been used on one of my projects for it not to be processed as a coastal erosion zone permit. And we have done about, I think it's either 55 or 56 permits on Fishers Island and this is the first time, so I am not sure. SUPERVISOR RUSSELL: This is a complete replacement in kind? There's no changes to the historic structure? MR. NIELSEN: Well, actually we are shortening it 30 feet from what existed out there originally in the 60's. Let me just point to something, you see on the application drawing, there are a couple of piles on the existing condition plans that are out 20-30 feet beyond the end of the pier that we show and those were the pier head as far as we can tell from those piles that are left. So we have shortened it. we have made it smaller. SUPERVISOR RUSSELL: And this is the first time that the 200 square foot rule was invoked? On any project? MR. NIELSEN: On any project that I can remember on Fishers Island that I have worked on. COUNCILMAN GHOSIO: Inaudible. When I was on the Trustees, we had to use that criteria in several cases perhaps maybe not for Fishers Island projects depending upon what they were. SUPERVISOR RUSSELL: To my understanding, it was a hard and fast rule. Not guidance. This is the one thing I am going to say, just a general comment, I recognize people's right to wharf out but where does that right end? In other words, rights aren't unmitigated or unfettered or absolute and I realize the unique circumstance here but people live along the water, there are natural features to that water and sometimes they are very, very shallow water that goes out very, very far and it seems that this new trend, not necessarily here perhaps, is that they should just simply bring docks out farther and farther and farther into the bay. And there are some places in Cutchogue where I swear docks go out as far as Noyack it seems. But at the same time, there are unique features here and I always support the premise that replacement in kind seems perfectly reasonable. MR. NIELSEN: If I could respond at least in part to that, you are right, there is no clear definition of how far out riparian rights of an individual property go. But there are some pretty November 22, 2016 Southold Town Board Board Meeting page 5 decent guidelines that are offered in New York that are not universal but I think they are reasonable and that is to get a dock to at least four feet of water so that dredging will not be required in the future and to minimize bottom sediment impacts such as resuspension of sediments or propeller gauging in cases where you have muddy sediments and so on and I have done about 2300 permits over the last 30 years and I think that the standard that New York State DEC has come up with is a fairly reasonable standard. It doesn't give you unlimited rights of access in areas where you have predominately or exceptionally shallow waters and so on, they do waive that and they have a second standard in calm waters of 2 1/2 feet where boats are not likely to be jostled around by waves and the impact of the bottom as they pitch and roll in sea conditions. So what we have done here is we have gotten out just beyond that four foot contour of the stern of the boat, it's imperative at this site that a boat be tied up to the pier be bow in to the pier and the waves are coming from the north and the northwest. And so a boat with an 18 inch to 2 foot draft with the motor sticking down another 18 inches or so below that, you have to have four feet and that's where we stopped this. That's why we are able to shorten the pier, we didn't feel we had to go out any further. SUPERVISOR RUSSELL: I would submit that I recognize the DEC standard, in other words, get it out far enough out to four feet so it doesn't have to be dredged or so you don't have a prop hitting the bottom but there's an alternative to that which would be no dock at all. if you want to mitigate those impacts, if you keep using those standards that you go out to four feet of depth, how far out do docks go? There are some locations townwide where you would have to go forever to reach four feet. And that is not what the public trust doctrine or certainly what the right to wharf out covers. You know, all rights, no rights are absolute like I said and I think the town has to start thinking a little bit harder down the line on how we are going to do this, we are trying to manage the right of a property owner, we are also trying to manage a public asset, a public resource. Everybody has a right to the water and if you keep putting docks out farther and farther and farther, you are pushing out more infields, you are doing all the things everybody else also has an inherent right to and that's the balancing act that's very tough for us. COUNCILWOMAN DOHERTY: I think, I agree with a lot of what Scott says but the historic value, there has been a structure there and it is worthy to note that when Scott asked if you had a structure in place that the flow through decking, so the light does go through for the eelgrass in the area, that's one thing the Trustees have done for a while is to get the lights through because the covering, the shadowing of the bottom land and the flow through decking I have seen really works well and that's a positive in the reconstruction that I see. COUNCILMAN GHOSIO: Have you given any thought to using mono-poles? MR. NIELSEN: We have but that would require us to use steel piles for the construction, we are trying to stay with natural materials. The mono-poles could be used if considered necessary. 1 would also point out that this is a fairly high pier. If you will notice in the profile, we are at elevation 8 with the deck where normally you would be at a lower elevation of 5 or 6. We only drop down to an elevation of 5 at the end of the pier where the boarding would actually take place. Everything else is fairly high to maximize the light transmissivity through that deck. November 22, 2016 Southold Town Board Board Meeting page 6 COUNCILMAN DINIZIO: Can I ask a question? What, how many boats are you going to keep on this? MR. NIELSEN: Well, we designed for one full-time and one possible visitor, so there's two docks here. COUNCILMAN DINZIO: And what's the advantage, besides the obvious, of a mooring at four feet? I mean, you have to be at four feet, what's the advantage of having a dinghy on shore and pushing it out to the boat? MR. NIELSEN: The mooring is certainly an option, generally those are options held for larger vessels. One of the issues that we face in Connecticut which is I think probably a leading answer to your question and we have a higher dock density along coastal parts of Connecticut and the area that a mooring takes up is roughly four times the area that a dock takes up and so in situations where we have mooring ability, moorings are generally held for people who do not have waterfront access and have to have some place and the docks are held for people who have dock access. If you have a dinghy and a mooring, you have roughly five times the area of the dock itself and the other thing is, even with a dinghy if you have a 12 inch draft if it's a whaler or something like that and another foot below the prop, you still could not use this dock at 50 feet. You'd still be so close that the bottom of the dinghy would be very close to the bottom and you would be driving through the eelgrass to get to it. COUNCILMAN DINIZIO: I was thinking rowing. SUPERVISOR RUSSELL: Seventeen foot Boston Whaler is called my dreamboat. COUNICLMAN DINIZIO: I really have no expertise in this but it seems to me that we want to eliminate the docks but apparently the eelgrass is growing despite the fact that the decking wasn't see through which is kind of a good thing but just taking four stakes and putting it out in the four foot level and rowing a boat to it, is there not any value to that instead of disturbing the bottom with all these poles and decks and whatnot? What's the inconvenience in that? MR. NIELSEN: Well, COUNCILMAN DINIZIO: Well, I am assuming you say the area is because the boat will swing around the pole? MR.NIELSEN: Right. COUNCILMAN DINIZIO: So that it needs that area but say you put four posts out there and you drove the boat in between and tied it up to the four posts so they wouldn't rub against and you had spring lines. I understand that you have it there now, it's just trying to educate myself on the fact that you are saying you have to get out to four feet so if everybody has to get out to four feet, I know in some places here in Southold Town, four feet could be 300 feet out. I was just wondering if maybe we shouldn't start to think more of using moorings and if you have some November 22, 2016 Southold Town Board Board Meeting page 7 heavy stuff you have to bring on, you drive around to a public dock and put it on. Is that at all feasible? MR.NIELSEN: One of the advantages to a mooring is that the boat will tend to align itself with the prevailing tidal currents if it's deep draft and prevailing wind direction is it's shallow draft and but the mooring, the boat at the mooring will swing all the way around the anchor point during you know, daily or monthly conditions. One of the disadvantages of that scenario is that as the chain grows on the bottom, whatever was growing there is scrapped away. In some of my aerial overflights of Stonington Harbor and the mouth of the Mystic River, you can actually see a pattern of bullseyes in a mooring field and it's notable. With regard to stick moorings or pile moorings and so on, those can certainly save space but they also have to be designed for the adverse conditions that will be broadside to the boat. And so they have to be fairly stout, similar to the tie-off conditions that we would see on a dock like this and it's not to say that it can't be done, we've designed a series of tie-off piles within Venetian Harbor lower lagoon at Groton Long Point for just that type of arrangement, so it looks more like a parking lot and the boats are skewed to the travel ways around Venetian Lagoon so they can get in, depart in,just like they would from an angled parking lot but those are absolutely still waters and the wind influence are largely diminished because of the protective nature of the houses all around the lagoon. In open water, when you are coming into a slot for tie-off piles, it may or may not work depending on the weather conditions and it's not to stay they couldn't be designed so boats could face any one of three or four different directions but once the boat is in, those piles have to hold it for whatever weather conditions it's going to be exposed to. and that's really why, I believe, the open moorings with chains are generally preferable for mooring fields. COUNCILMAN DINIZIO: Thank you. SUPERVISOR RUSSELL: Bill, I have got a legal question and I don't know if you know the answer and it probably doesn't seem specific to this but is catastrophic loss of structures like this recoverable through federal insurance programs? TOWN ATTORNEY DUFFY: I don't know, I would have to research this. SUPERVISOR RUSSELL: Because at some point, we have to think about mitigating costs of homeowners who are subsidizing those programs who don't have the benefit of a dock. But like I said, it's preexisting and it's replacement in kind, so I don't have a problem. COUNCILMAN GHOSIO: I don't know the exact answer to your question but I know that the creation of the coastal erosion hazard line and area was specifically for that reason because don't build it in a place that we are going to have to pay to rebuild it. SUPERVISOR RUSSELL: That's right and it's you know, those flood insurance programs don't just subject the waterfront owner to costs, it subjects all the people who pay homeowners insurance to those costs and sooner or later we need to think about shifting the burden away from those people who don't have the benefit of a dock that stretches out to somewhere as far as 200 feet or 145 feet. November 22, 2016 Southold Town Board Board Meeting page 8 COUNCILWOMAN DOHERTY: I think in my conversations I had when I was in the Trustee's with people is that most docks are not insurable. MR. NIELSEN: The only project that I know I have recoverable insurance on is in the Connecticut River and the dock was hit by a fuel barge going up the river. I know that even when we did the firestone boat house over in Chocomount Cove after hurricane Bob, there was no insurance coverage for that. The rebuild was all covered by the owner. SUPERVISOR RUSSELL: Yes, I would imagine those real high end risk structures like docks probably aren't part of the program but the larger issue is that many of the real property structures are. That has impacts on everybody, not just waterfront owners. COUNCILMAN GHOSIO: Let's talk about the eelgrass for a moment. Is that a receding eelgrass bed or is it a growing'eelgrass bed? MR.NIELSEN: Our experience on this eelgrass bed has been sporadic. The first time we saw it was about 8 years ago and it went more linearly across the face of the property but it was still sporadic patches, small outcrops of eelgrass. At the time I wasn't, I didn't have any scuba equipment so I couldn't tell what the bottom conditions were in that area but later on, in our subsequent visits, that bottom is sandy. I can't tell of any difference between the bottom throughout the dock area going north that would preclude eelgrass from growing. However, on three visits in the last three years, the patch has been almost identical to what we have documented on the drawings. It was actually located by a surveyor, it was not put in by a wildlife biologist transcript or anything. So this eelgrass bed is nowhere near as dense as it is along the Fishers Island Sound exposures on the north side of Clay Point or on the north side of Osprey Point for that matter. And so other than that, I don't know of any differences over the last couple of years. SUPERVISOR RUSSELL: Any other questions? Anything else you want to address the Board with? MR.NIELSEN: No, thank you for the opportunity to address the Board and I am sorry for being late. SUPERVISOR RUSSELL: We have a Board member from Fishers Island, so the ferries are always going to interrupt everybody's schedules. That's the way it is. MR.NIELSEN: It was an exciting ride this morning. SUPERVISOR RUSSELL: Thank you very much. We appreciate you coming before us. COUNCILWOMAN DOHERTY: Do we want to hear from Damon? SUPERVISOR RUSSELL: Oh, Damon, I am sorry. November 22, 2016 Southold Town Board Board Meeting page 9 ASSISTANT TOWN ATTORNEY HAGAN: Damon Hagan, Assistant Town Attorney. To the board members, I have spoken with the Trustee's with regard to this matter., They are familiar with the project, they are familiar with the building materials associated therewith. Although it is outside of their jurisdiction,they have no objection to this project. SUPERVISOR RUSSELL: Thank you. Anybody else? This hearing was closed at 9:52 AM RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Opening Comments Supervisor Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance. Thank you. I am going to invite anybody that would like to comment on any of the agenda items to please feel free? I know we have a couple of hearings scheduled for the historic designation so we will have a separate hearing, so that will be the time to speak but other agenda items, please feel free? (No response) V. Resolutions 2016-1013 CATEGORY: Audit DEPARTMENT. Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated November 22,_2016. ✓Vote Record-Resolution RES-2016-1013 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 2 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder [a ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost November 22, 2016 Southold Town Board Board Meeting page 10 2016-1014 CATEGORY. Set Meeting DEPARTMENT. Town Clerk Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, December 6 2016 at the Southold Town Hall Southold New York at 7:30 P.M. ✓Vote Record-Resolution RES-2016-1014 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Voter ❑ Withdrawn D ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland 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 2016-1015 CATEGORY.• Bid Acceptance DEPARTMENT.• Highway Department Accept Sand Bids RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution#2016- 991 adopted at the November 1, 2016 regular Town Board meeting in its entirety, which read as follows: 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-2016-1015 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Seconder 21 ❑ 11 0 November 22, 2016 Southold Town Board Board Meeting page 11 ❑ 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 2016-1016 CATEGORY.• Authorize to Bid DEPARTMENT. Highway Department Re-Bid Sand for 2017 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to re-advertise for bids for supplying sand for the 2017 calendar year. ✓Vote Record-Resolution RES-2016-1016 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ 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 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-1017 CATEGORY.• Employment-FIFD DEPARTMENT. Accounting Increase Salary ofJeffrey Nossek RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District_adopted July 18, 2016 that increases the salary of Jeffrey Nossek to $19.00 per hour effective October 21, 2016. November 22, 2016 Southold Town Board Board Meeting page 12 ✓Vote Record-Resolution RES-2016-1017 0 Adopted ❑ Adopted as Amended ❑ Defeated ' Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio 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 2016-1018 CATEGORY.• Employment-FIFD DEPARTMENT. Accounting Increase Salary of George Marshall RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted July 18, 2016 that increases the salary of George Marshall to $11.99 per hour effective November 24, 2016. ✓Vote Record-Resolution RES-2016-1018 0 Adopted ❑ Adopted as Amended ❑ Defeated - -- — — -- - - Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dtmzio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-1019 CATEGORY Y. Planning DEPARTMENT: Public Works Southold Deer Management Plan November 22, 2016 Southold Town Board Board Meeting page 13 The Town Board of the Town of Southold hereby approves the Southold Town White-Tailed Deer Management Plan, dated June 2016, as part of the requirements of the NYS Department of Environmental Conservation Deer Management Assistance Program. ✓Vote Record-Resolution RES-2016-1019 0 Adopted ❑ Adopted as Amended ❑ Defeated - Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn .lames 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 2016-1020 CATEGORY: Public Service DEPARTMENT.• Town Clerk Appoint a Temporary Marriage Officer RESOLVED that the Town Board of the Town of Southold hereby appoints Robert I. Scott as a Temporary Marriage Officer for the Town of Southold, on Wednesday November 30, 2016 only, to serve at no compensation. ✓Vote Record-Resolution RES-2016-1020 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain T Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ 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 November 22, 2016 Southold Town Board Board Meeting page 14 2016-1021 CATEGORY.• Advertise DEPARTMENT. Town Clerk Advertise for Wildlife Manager RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to re-advertise for an Environmental Analyst/Wildlife manager. ✓Vote Record-Resolution RES-2016-1021 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 El ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover i 0 ❑ i ❑ ❑ ❑ 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 2016-1022 CATEGORY: Refund DEPARTMENT: Town Clerk Refund Commercial Contractor Disposal Permit Fees RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund totaling $120.00 to Twin Fork Landscape PO Box 460 Cutchogue,NY for a two (2) year additional Commercial Disposal Permit($60) that was purchased in error and for paying for a First Disposal permit fee twice in 2016 in error. ✓Vote Record-Resolution RES-2016-1022 0 Adopted ❑ Adopted as Amended _ ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled .lames Dmizio Ir Voter 0 ❑ ❑ ❑ ❑ Withdrawn William P Ruland Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter 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 ❑ No Action 0 Lost November 22, 2016 Southold Town Board Board Meeting page 15 2016-1023 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 Universal Television LLC 10/14/16 $250.00 Kauftnan Astoria Studios 34-1236 Ih Street, Ste 301 Astoria,NY 11106 Southold Athletic Association 10/3/16 $250.00 Southold Elementary School 420 Oaklawn Avenue Southold,NY 11971 ✓Vote Record-Resolution RES-2016-1023 RI Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn .lames Dm11 Elizio Jr Voter 0 ❑ ❑ Supervisor's Appt William P Ruland Voter RI ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter CI ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder IZI ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover IZI ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost November 22, 2016 Southold Town Board Board Meeting page 16 2016-1024 CATEGORY: Budget Modification DEPARTMENT: Assessors 2017 Budget Modification -Assessors Financial Impact: to cover Attorney's fees for Certiorari cases RESOLVED that the Town Board of the Town of Southold hereby modifies the 2016 General Fund budget as follows: To: A1355.4.500.100 Board of Assessors Fee for Service Legal Counsel $1,606.00 From: A1355.2.200.500 Board of Assessors Office Equipment Other Equipment $ 728.00 A1355.4.600.300 Board of Assessors Miscellaneous Travel Reimbursement $ 878.00 ✓Vote Record-Resolution RES-2016-1024 0 Adopted ❑ Adopted as Amended ❑ Defeated --" "" """" -"" Yes/Aye No/Nay Abstain Absent ❑ Tabled Tames Dinizio Jr Voter CZI ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 1 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover IZI ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter CEJ ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-1025 CATE,GOR Y.• Budget Modification DEPARTMENT: Fishers Island Ferry District FIFD 2016 Budget Modification Financial Impact: MV Race Point November 22, 2016 Southold Town Board Board Meeting page 17 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 November 17, 2016, which amended the 2016 Fishers Island Ferry District budget in the amount of $ 185,000.00. ✓Vote Record-Resolution RES-2016-1025 Z Adopted ❑ Adopted as Amended ❑ Defeated _____ _____._.-__._ _..__ ._. . _._.__,______-._--.--.-_ --_ Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Mover Rl D D ❑ ❑ Supervisor's Appt William P.Ruland Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty i Seconder 10 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter lZ ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter CSI ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-1026 CATEGORY. Budget Modification DEPARTMENT: Fishers Island Ferry District FIFD 2016 Budget Modification Financial Impact: Docks & Terminals 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 November 17, 2016, which amended the 2016 Fishers Island Ferry District budget in the amount of$9,000.00. ✓Vote Record-Resolution-RES-2016-1026 Rl Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Voter 0 11 ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Seconder Rl ❑ ❑ ❑ ❑ Tax Receiver's Appt .till Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Rl ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 2 ❑ ❑ ❑ ❑ No Action 0 Lost November 22, 2016 Southold Town Board Board Meeting page 18 2016-1027 CATEGORY.- Budget Modification DEPARTMENT.- Accounting Budget Modification for General Fund Part Town Financial Impact: Provde additional appropriations for NYS Retirement billing RESOLVED that the Town Board of the Town of Southold hereby modifies the 2016 General Fund Part Town budget as follows: From: B.9060.8.000.000 Medical Insurance $9,670 To: B.9010.8.000.000 NYS Retirement, ERS $9,670 ✓Vote Record-Resolution RES-2016-1027 0 Adopted ❑ Adopted as Amended ❑ Defeated — - -- -- — --- -- --- ---- - Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter D ❑ ❑ _❑ ❑ 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 2016-1028 CATEGORY: Budget Modification DEPAREIIENT: Accounting Budget Modification for General Fund Whole Town Financial Impact: Provide appropriation for salary for Recreation Supervisor-funds previously moved out to pay accumulated accruals for predecessor RESOLVED that the Town Board of the Town of Southold hereby modifies the 2016 General Fund Whole Town budget as follows: November 22, 2016 Southold Town Board Board Meeting page 19 From: A.1990.4.100.100 Unallocated Contingencies $2,630 A.7180.1.300.100 Beaches, P.S., Seasonal Regular Earnings 3,870 Total $6,500 To: A.7020.1.100.100 Recreation, P.S., Full-time Regular Earnings $6,500 ✓Vote Record-Resolution RES-2016-1028 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 ❑ ❑ ❑ El Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ Robert Ghosio ; Seconder 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-1029 CATEGORY.• Support/Non-Support Resolution DEPARTMENT: Town Clerk Letter in Support/Hashamonzuck Cove RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a letter in support of the feasibility report and environmental assessment from July 2016 of Hashamomuck Cove conducted by the Army Corps of Engineers, at no cost to the Town of Southold, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2016-1029 0 Adopted ❑ Adopted as Amended ❑ Defeated - --- — - - Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dimzio Jr Voter 0 El El ElEl Withdrawn ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ Robert Ghosio Mover 0 El 11 ❑ Rescinded ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost November 22, 2016 Southold Town Board Board Meeting page 20 2016-1030 CATEGORY: Grants DEPARTMENT: Human Resource Center NYS Zero-Emission Vehicle Rebate Application RESOLVED,the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to submit a grant application for the New York State Office of Climate Change- Clean Vehicle Rebate program. The program allows for up to a$5,000 rebate on costs incurred on or after April 1, 2016 for the purchase or lease of eligible zero-emission vehicles. Currently,two HRC fleet vehicles qualify as eligible vehicles; a Ford C-Max Energi Plug-In and a Nissan LEAF. ✓Vote Record-Resolution RES-2016-1030 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 Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 i ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-1031 CATEGORY: Bid Acceptance DEPARTMENT: Fishers Island Ferry District FIFD Race Point Yard 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 November 8, 2016 in regard to the acceptance of the bid from Fairhaven Shipyard. ✓Vote Record-Resolution RES-2016-1031 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tabled .ill Doherty Mover 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter ' 0 0 0 0 November 22, 2016 Southold Town Board Board Meeting page 21 ❑ Supervisor's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter [Z ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2016-1032 CATEGORY.• Contracts,Lease&Agreements DEPARTMENT, Fishers Island Ferry District FIFD NYS Liquor Trucking License 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 November 8, 2016 in regard to the Liquor Trucking License. ✓Vote Record-Resolution RES-2016-1032 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Voter El 1 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover El ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter El ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder; 17 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 1 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-1033 CATEGORY. Property Usage DEPARTMENT, Fishers Island Ferry District FIFD-Jim Ski Construction 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 November 8, 2016 in regard to Jim Ski Construction. November 22, 2016 Southold Town Board Board Meeting page 22 ✓Vote Record-Resolution RES-2016-1033 0 Adopted ❑ Adopted as Amended ❑ Defeated ' Yes/Aye No/Nay Abstain Absent ❑ Tabled ElWithdrawn James Dmizio Jr Voter 0 11 -0 ❑ ❑ 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 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-1034 CATEGORY.• Audit DEPARTIVIENT. Fishers Island Ferry District FIFD Corrective Action Plan 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 November 8, 2016 regarding a Corrective Action Plan for the Audit. ✓Vote Record-Resolution RES-2016-1034 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn James Dmizio Jr Voter 0 El ❑ 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 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-1035 CATEGORY. Budget Modification DEPARTMENT. Human Resource Center Budget Modification-Programs for the Aging Personal Services November 22, 2016 Southold Town Board Board Meeting page 23 Financial Impact: Transferring funds to replenish OT earnings RESOLVED that the Town Board of the Town of Southold hereby modifies the 2016 General Fund Whole Town budget as follows: From: A.6772.1.200.100 Programs for the Aging, P.S Part Time Regular Earnings $3,000 To: A.6772.1.100.200 Programs for the Aging, P.S Full Time Overtime Earnings $3,000 ✓Vote Record-Resolution RES-2016-1035 21 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ 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 2016-1036 CATEGORY: Contracts,Lease&Agreements DEPARTMENT: Fishers Island Ferry District FIFD-Helm Connect 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 November 8, 2016 in regard an agreement with Helm Operation. ✓Vote Record-Resolution RES-2016-1036 ❑ Adopted Yes/Aye No/Nay Abstain Absent 0 Adopted as Amended ---- - .--- --- I - ^— ---- James Dmizio Jr Voter 0 ❑ 11 ❑ ❑ Defeated William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Jill Doherty Mover 0 ❑ El ❑ Supervisor's Appt Robert Ghosio Voter 0 ❑ El ❑ Tax Receiver's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt November 22, 2016 Southold Town Board Board Meeting page 24 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2016-1037 CATEGORY.• Bid Acceptance DEPARTMENT: Fishers Island Ferry District FIFD-New London Terminal Cables 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 Proposal of Mattern Construction, Inc. ✓Vote Record-Resolution RES-2016-1037 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ _. James Dmizio Jr Voter 0 ❑ [10 ❑ Withdrawn ❑ Supervisor's Appt William P.Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter ❑ ❑ ❑ ❑ 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 2016-1038 CATEGORY. Budget Modification DEPARTAIENT.• Information Technology Vacation Earnings Financial Impact: Funds are within the Information Technologies Budget. Fund the Vacation Earnings account to pay an employee vacation days requested. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2016 budget as follows: From: A.1680.4.400.200 Training $800.00 November 22, 2016 Southold Town Board Board Meeting page 25 Total $800.00 To: A.1680.1.100.300 Vacation Earnings $800.00 Total $800.00 ✓Vote Record-Resolution RES-2016-1038 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent El Tabled _ _ ❑ Withdrawn James Dmizio Jr Voter lZ ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Voter Rl ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-1039 CATEGORY. Budget Modification DEPARTMENT.- Solid Waste Management District SWMD Budget Mods Financial Impact: Shift excess MSW removal authorization to provide funds for needed grinder hardware. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2016 Solid Waste Management District budget as follows: From: SR 8160.4.400.805 MSW Removal $4,000 Total $4,000 To: SR 8160.4.100.596 Maint/Supply CBI Grinder $4,000 Total $4,000 ✓Vote Record-Resolution RES-2016-1039 0 Adopted - Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated James Dmizio Jr Voter ❑ ❑ ❑ ❑ Tabled William P Ruland Voter Rl ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Mover Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconder 121 0 0 0 November 22, 2016 Southold Town Board Board Meeting page 26 ❑ Rescinded Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2016-1040 CATEGORY.• Budget Modification DEPARTIIVIENT.• Accounting Budget Modificatin for Police Dept Communication Equipment Financial Impact: Reduce appropriation in General Fund Whole Town for Communication Equipment,funds to be used in the Capital Fund for PSD tower project RESOLVED that the Town Board of the Town of Southold hereby modifies the 2016 General Fund Whole Town budget as follows: Decrease Revenues: A.2210.35 PSAP Grant $122,289.08 Increase Appropriations A.9901.9.000.100 Transfer to Capital Fund 77,710.92 Total $200,000.00 Decrease Appropriations: A.3020.2.200.700 Public Safety, Communication Equipment $200,000.00 Total $200,000.00 ✓Vote Record-Resolution RES-2016-1040 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 Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost November 22, 2016 Southold Town Board Board Meeting page 27 2016-1041 CATEGOR Y.• Bid Acceptance DEPARTMENT. Town Attorney Accept Town Hall Ramp/Sidewalk Bid RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Concrete Plus, Inc. in the amount of$16,600.00 (deduct$200.00 for NuRail) for the installation of a new sidewalk/ramp at the Southold Town Hall, subject to the Town of Southold receiving a grant from Suffolk County. ✓Vote Record-Resolution RES-2016-1041 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn James Dmizio Jr Voter ❑ D [7 ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter D ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-1042 CATEGORY. Grants DEPAREVENT. Town Clerk 2017 CDBG Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to sign the Project Description Forms for the 2017 Community Development Block Grant Program as follows: Community Action of Southold Town $ 5,000 Maureen's Haven $ 5,000 Improvements to Recreation and Community Centers $20,000 (upgrade doors to ADA standards) ✓Vote Record-Resolution RES-2016-1042 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter - 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Mover 11 0 0 0 November 22, 2016 Southold Town Board Board Meeting page 28 ❑ Tabled Jill Doherty Voter ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter 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 r7= 1 2016-1043 CATEGORY.• Policies DEPARTMENT. Fishers Island Ferry District FIFD Contract 'Best Value" 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 November 8, 2016 in regard to accepting contracts based upon 'Best Value". ✓Vote Record-Resolution RES-2016-1043 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 Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-1044 CATEGORY. Policies DEPARTMENT. Fishers Island Ferry District FIFD Procurement Policy November 22, 2016 Southold Town Board Board Meeting page 29 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 November 8, 2016 in regard to amending the District?s Procurement Policy. ✓Vote Record-Resolution RES-2016-1044 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter Rl ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter El ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-1045 CATEGORY. Contracts,Lease&Agreements DEPARTMENT. Town Attorney Application of Harrington-Coastal Erosion Hazard Area Appeal WHEREAS,the Board of Trustees denied the application of The Harrington Family Limited Partnership (the"Applicant") for a permit to construct a fixed timber dock on the premises located on Private Road, Fishers Island, New York, and identified on the Suffolk County Tax Map as Parcel No 1000-02-01-12,under the Coastal Erosion Hazard Areas Law(the "Law") of the Town of Southold pursuant to Section 111-11(c); and WHEREAS, on October 17, 2016, the Applicant submitted an application to the Town Board of the Town of Southold seeking to appeal the determination of the Board of Trustees, or in the alternative, seeking a variance from the requirements of the Law; and WHEREAS, on November 22, 2016, the Town Board conducted a duly noticed public hearing on the instant appeal with an opportunity for all interested parties to be heard and testimony was taken of the Applicant's consultant; and WHEREAS, the application has been reviewed pursuant to Chapter 268, Waterfront Consistency Review of the Town Code and the Local Waterfront Revitalization Program; now, therefore, be it RESOLVED that the Town Board of the Town of Southold does hereby adopt the Findinjzs and Determination dated November 22, 2016, grantinlZ the Application of The Harrington November 22, 2016 Southold Town Board Board Meeting page 30 Family Limited Partnership for a variance pursuant to §111-20 of the Coastal Erosion Hazard Area Code; and be it further .RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed action is classified as a Type II Action and is not subject to review pursuant to SEQRA Rules and Regulations for this action; and be it further RESOLVED that the Town Board had determined that this action is consistent with Chapter 268, Local Waterfront Revitalization Program; and be it further RESOLVED that this Determination shall not affect or deprive any other agency of its properly asserted jurisdiction, separate and apart from the proceedings under the Coastal Erosion Hazard Areas Law considered herein. ✓Vote Record-Resolution RES-2016-1045 0 Adopted ❑ Adopted as Amended ❑ Defeated - — — -- Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dm11izio Jr Mover 2 ❑ ❑ ❑ Supervisor's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder El ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 1 Rl ❑ ❑ 11 ❑ Town Clerk's Appt Louisa P.Evans Voter El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2016-1046 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 11,115.00 DB.5110.4.100.200 Fuel/Lubricants 9,500.00 DB.5110.4.100.995 Signs & Sign posts 1,307.00 TOTAL: $21,922.00 To: November 22, 2016 Southold Town Board Board Meeting page 31 DB.5140.1.100.100 Brush & Weed Regular Earnings 11,115.00 DB.5110.4.100.100 Misc. Supplies 200.00 DB.5110.4.100.350 Traffic Paint 187.00 DB.5130.4.100.500 Parts & Supplies 7,500.00 DB.5110.4.100.900 Resurfacing projects 2,000.00 DB.5140.4.100.125 Misc. Supplies 300.00 DB.5140.4.400.600 Office Equip/Repair 620.00 TOTAL: $21,922.00 ✓Vote Record-Resolution RES-2016-1046 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Voter D ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P.Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover lZ ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter lZ ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter lZ ❑ ❑ ❑ ❑ No Action ❑ Lost 35. Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 4:45 PM in order to hold public hearings. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 2016-1047 CATEGORY.• Recommendations DEPARTMENT. Town Clerk Race Rock Light Station Designation RESOLVED that the Town Board of the Town of Southold hereby designates the Race Rock Light Station as historic and is to be added to the town's register of Historic Landmarks; the property is owned by New London Maritime Society, all in accordance with Chapter 170 of the Southold Town Code,the recommendation for designation by the,Southold Town Historic Preservation Commission, and acceptance of designation by property owners. November 22, 2016 Southold Town Board Board Meeting page 32 ✓Vote Record-Resolution RES-2016-1047 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled .lames Dmizio Jr Voter D ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Roland Voter 0 ❑ ❑ ❑ ❑ 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 2016-1048 CATEGORY. Recommendations DEPARTMENT. Town Clerk Second Parsonage Designation RESOLVED that the Town Board of the Town of Southold hereby designates the Second Parsonage house as historic and is to be added to the town's register of Historic Landmarks; the house is owned by Julia P. Davis and is located at SCTM 1000-64.-3-7, 2500 Hobart Road, Southold,New York, all in accordance with Chapter 170 of the Southold Town Code,the recommendation for designation by the Southold Town Historic Preservation Commission, and acceptance of designation by property owners. ✓Vote Record-Resolution RES-2016-1048 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 Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D ❑ ❑ ❑ No Action ❑ Lost 2016-1049 November 22, 2016 Southold Town Board Board Meeting page 33 CATEGORY:• Recommendations DEPARTMENT. Town Clerk Terry House Designation RESOLVED that the Town Board of the Town of Southold hereby designates the Terry house as historic and is to be added to the town's register of Historic Landmarks; the house is owned by Karen Lund Rooney and is located at SCTM 1000-63-4-2, 57020 Main Road, Southold,New York, all in accordance with Chapter 170 of the Southold Town Code, the recommendation for designation by the Southold Town Historic Preservation Commission, and acceptance of designation by property owners ✓Vote Record-Resolution RES-2016-1049 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter 0 ❑ ❑ ❑ ❑ 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 ❑ ❑ El ❑ No Action ❑ Lost 2016-1050 CATEGORY.• Enact Local Law DEPARTIYI'ENT: Town Clerk Enact Local Law Regarding Energy Benchmarking WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the lst day of November, 2016, a Local Law entitled "A Local Law in relation to Establish Energy Benchmarking Requirements for Certain Municipal Buildings" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, Now Therefore Be It RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Establish Enerjzy Benchmarking Requirements for Certain Municipal Buildings" reads as follows: November 22, 2016 Southold Town Board Board Meeting page 34 LOCAL LAW NO. 11 of 2016 A Local Law entitled, "A Local Law in relation to Establish Energy Benchmarking Requirements for Certain Municipal Buildings" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. 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 pportunities 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. H. The Code of the Town of Southold is hereby amended by adding a new Chapter 177, entitled "MUNICIPAL BUILDING ENERGY BENCHMARKING,"to read as follows: §177-1. DEFINITIONS BENCHMARKING INFORMATION-information generated by Portfolio Manager, as here in defined includingdescriptive information about the physical building and its operational characteristics. BUILDING ENERGY BENCHMARKING -the process of measuring a building's Energy use, tracking that use over time, and comparing performance to similar buildings. COMMISSIONER-the head of the Department. COVERED MUNICIPAL BUILDING - a building or facility that is owned or occupied by the Town of Southold that is 1,000 square feet or larger in size. DEPARTMENT - the Town of Southold Department of Public Works ENERGY - 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. November 22, 2016 Southold Town Board Board Meeting page 35 ENERGY PERFORMANCE SCORE -the numeric rating generated by Portfolio Manager that compares the Energy usage of the building to that of similar buildings. ENERGY USE INTENSITY (EUI) - the kBTUs (1,000 British Thermal Units) used per square foot of gross floor area. GROSS FLOOR AREA -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_ PORTFOLIO MANAGER- 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. UTILITY - an entity that distributes and sells Energy to Covered Municipal Buildings. WEATHER NORMALIZED SITE EUI -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. 177-2. APPLICABILITY (1) This Local Law is applicable to all Covered Municipal Buildings as defined in Section 1 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. §177-3. 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- ear- (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. 177-4. 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: November 22, 2016 Southold Town Board Board Meeting page 36 (a) Summary statistics on Energy consumption for Covered Municipal Buildings derived from aggregation of Benchmarking Information; and (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. 177-5. 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. §177-6. 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. III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2016-1050 Rl Adopted -._ ❑ Adopted as Amended ` Yes/Aye No/Nay Abstain Absent __ ❑ Defeated James Dmizio Jr Voter z ❑ ❑ ❑ ❑ Tabled William P Roland Voter 2 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter El ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Seconder El ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Mover 2 11 0 0 November 22, 2016 Southold Town Board Board Meeting page 37 ❑ Rescinded Scott A.Russell Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2016-1051 CATEGORY.- Grants DEPARTMENT.- Town Clerk Amendment to Community Development Block Grant Program RESOLVED the Town Board of the Town of Southold hereby authorizes the following changes to its Community Development Block Grant Program: Year 2013 Current Proposed Change Amended Budget Human Resource Center 2049.00 -2049.00 0 Year 2013 Current Proposed Change Amended Budget Town Hall Handicap Ramp & Automatic Door 0 +2049.00 2049.00 Year 2014 Current Proposed Change Amended Budget Katherine Sanger Apt. Conversion 10,000 -10,000 0 Year 2014 Current Proposed Change Amended Budget Town Hall Handicap Ramp & Automatic Door 0 +$10,000 10,000 Year 2015 Current Proposed Change Amended Budget F.I. Community Theater 25,000 -25,000 0 Year 2015 Current Proposed Change Amended Budget Town Hall Handicap Ramp & Automatic Door 0 +25,000 25,000 ✓Vote Record-Resolution RES-2016-1051 0 Adopted Yes/Aye No/Nay Abstain Absent November 22, 2016 Southold Town Board Board Meeting page 38 Q Adopted as Amended James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Seconder Q ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter El ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost VI. Public Hearings 1. PH 11/22/16 4:30 Pm - CDBG Amendments COUNCILMAN GHOSIO: The Town of Southold is proposing the following changes to its Community Development Block Grant Program: Year 2013 Current Proposed Change Amended Budget Human Resource Center 2049.00 -2049.00 0 Year 2013 Current Proposed Change Amended Budget Town Hall Handicap Ramp & Automatic Door 0 +2049.00 2049.00 Year 2014 Current Proposed Change Amended Budget Katherine Sanger Apt. Conversion 10,000 -10,000 0 Year 2014 Current Proposed Change Amended Budget Town Hall Handicap Ramp & Automatic Door 0 +$10,000 10,000 Year 2015 Current Proposed Change Amended Budget F.I. Community Theater 25,000 -25,000 0 Year 2015 Current Proposed Change Amended Budget Town Hall Handicap Ramp & November 22, 2016 Southold Town Board Board Meeting page 39 Automatic Door 0 +25,000 25,000 Interested Citizens may submit comments on or before November 22, 2016 Town of Southold Community Development Office 53095 Route 25 P.O. Box 1179 Southold,NY 11971-0059 The Town Board will consider a Resolution authorizing the proposed change at the Board Meeting NOVEMBER 22,2016, at 4:31 p.m., at Southold Town Hall, 53095 Main Rd., Southold,New York. Again, I have affidavits to show that this has been noticed on the Town Clerk's bulletin board and also in the Suffolk Times. That's all I have. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular local law? DENIS NONCARROW: Denis Noncarrow, Government Liaison Officer. I just thank you for considering to put that money together. We don't get a lot of HUD money anymore, so to be able to combine it and redo the ramp out here and make those doors automatic does a lot to help our handicapped folks coming in the building. So, thank you. SUPERVISOR RUSSELL: Thank you. Would anyone else like to address the Town Board? (No response) RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 2. PH 11/22/16 4:31 Pm - Race Rock Light Station Historical Designation COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN,pursuant to the provisions of Chapter 170 (Landmark Preservation) of the Town Code, 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 hearinIz to consider the desilZnation of the Race Rock Light Station on the town's register 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. The file is available for review during regular business hours by contacting Damon Rallis at the Southold Town Building Department. If you have any questions, please do not hesitate to contact Damon Rallis at Damon.Rallis@town.southold.ny.us <mailto:Damon.Rallisoatown.southold.nyus> or the Southold Town Building Department (631) 765-1802. November 22, 2016 Southold Town Board Board Meeting page 40 That was dated November 1, 2016. I do have here an affidavit that this public hearing was noticed on the Town Clerk's bulletin board as well as the Suffolk Times. And I do have a resolution from the Historic Preservation Commission recommending that the Town Board designate the Race Rock Light Station as a historic landmark. That is it. SUPERVISOR RUSSELL: I would invite anybody that would like to address the Town Board to please feel free? JAMIE GARRETSON: Jamie Garretson, Chairman of the Historic Preservation Commission. Hello everybody. I think that this is, the Race Rock Light House, which was built in 1878 is a very significant historic maritime contribution to our landscape in Southold. I think that everybody would agree that this is a real feather in our cap, to make it officially a landmark. And I think you should be congratulated and my commissioners and the owners should be congratulated. Thank you. SUPERVISOR RUSSELL: Would anyone else like to address the Town Board on this public hearing? (No response). RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 3. PH 11/22/16 4:32 Pm Second Parsonage House Historical COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN,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. The file is available for review during regular business hours by contacting Damon Rallis at the Southold Town Building Department. If you have any questions, please do not hesitate to contact Damon Rallis at the Southold Town Building Department (631) 765-1802 or Damon.Rallis@town.southold.ny.us. I do have an affidavit that this was noticed on the Town Clerk's bulletin board and in the Suffolk Times. I have a resolution from the Historic Preservation Commission recommending that the property located at 2500 Hobart Road, the Second Parsonage house be added to the register of the Town's Historic Landmarks. SUPERVISOR RUSSELL: Would anyone like to address the Town Board on this particular public hearing? Jamie? JAMIE GARRETSON: Jamie Garretson, Chairman of the Southold Historic Preservation Commission. The Second Parsonage house has a lot of history. Even with the additions, it contributes significantly to the historic viewshed of Southold, so I think it was built in 1674, the November 22, 2016 Southold Town Board Board Meeting page 41 first part. There have been many additions but all the additions have kept in keeping with the house. It's a real special thing and I think this is the third feather in our hat, a very exciting day that we have done three houses or three properties, two houses and one lighthouse. So thank you. SUPERVISOR RUSSELL: Thank you. Would anyone else like to address the Board on this? JIM GRATHWOHL: Jim Grathwohl, I am a member of the Landmarks Preservation Commission, former chairman, former chairman of the Board of the House on the Village Green and a founder of the Cutchogue-New Suffolk Historical Council, so my roots go deep into local history. But those of you who know me have heard me say many times, historic preservation is good business. It draws people here as I mentioned this morning. People come out here, yes I have to admit know for probably the wineries but they have come for years to see our magnificent architecture, spanning 300 years or more. So I commend you for supporting us and I trust we will continue to bring people here, it's good business and as I pointed out also this morning because I'm sure many people don't realize that that plaque on the wall behind you is an exact and perfect example of our relationship to our mother town, Southwold, they dropped the w when they came over here, Suffolk county England. And I have visited there many times and many of their people have visited here, we've had receptions right here in this room for Mayors of Southwold, and I hope we will continue that because those people value our relationship as much as we value the relationship with them. So I thank you as members of our governing body for supporting the work and this morning, we had a very good discussion. Some of your idea's we've already talked about implementing fairly soon. So I thank you all and hope you'll continue supporting landmarks preservation. Thank you. SUPERVISOR RUSSELL: Thank you, Jim. Would anyone else like to address the Town Board? Yes? ANN SURCHIN: My name is Ann Surchin, I am the vice chair of the Historic Preservation Commission and I want to thank the Board. This was a very good day for Southold, as we haven't added anything to landmark in a number of years. So I think we are all pretty happy about it and I think of the words of the late Tom Twomey, who was an attorney who passed away about a year or so ago in East Hampton and he was a great advocate for historic preservation and he used to say, when we lose these buildings as a community, we lose our soul. So today was the complete opposite and I think that's something that we should remember and think about. As time goes by, and we have the opportunities in front of us to landmark buildings and also to encourage people to do so and I really can't thank you enough, that's all I wanted to say. Thank you. SUPERVISOR RUSSELL: Thank you. Anybody else like to address the Town Board? (No response) RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 4. PH 11/22/16 4:33 PM Terry House Historic Designation November 22, 2016 Southold Town Board Board Meeting page 42 COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN,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 4:33 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. The file is available for review during regular business hours by contacting Damon Rallis at the Southold Town Building Department. If you have any questions, please do not hesitate to contact Damon Rallis at the Southold Town Building Department (63 1) 765-1802 or Damon.Rallisct town.southold.ny.us <mailto:Damon.Rallis@town.southold.ny.us> . I have an affidavit that this was noticed in the Suffolk Times as well as on the Town Clerk's bulletin board and we do have a resolution from the Historic Preservation Commission that the Town Board designates 57020 Main Road, the Terry House as an Historic Landmark for addition to the Town's registry of Historic Landmarks. SUPERVISOR RUSSELL: Would anyone like to address the Town Board on this public hearing? The reason for the microphone is so that we can hear it when we transcribe the minutes, otherwise the person who transcribes the minutes won't hear you. KAREN LUND ROONEY: My name is Karen Lund Rooney, I am the owner of the Terry House at 57020 Main Road. I would like to thank the Board and the Commission for advocating for the designation of our home as a landmark. It was built in 1783 and we just thoroughly enjoy it and my husband and I feel that we are the caretakers of a lovely home in Southold. So thank you. SUPERVISOR RUSSELL: Thank you very much. Would anyone else like to address the Town Board on this hearing? Jamie? JAMIE GARRETSON: Jamie Garretson, Chairman of the Historic Preservation Commission. The Terry house is a very special house, it really is one of Southold's earliest houses and it provides a sense of place. And anybody that has driven by sees the fabulous job that Karen and her husband have done with it and I think it is very significant that it becomes a landmark and another feather in our cap. Thank you. SUPERVISOR RUSSELL: Thank you. Anybody else? (No response) RESULT: CLOSED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 5. PH 11/22/16 4:34 Pm - LL Energy Benchmarking COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN,that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 1St day of November, 2016, a Local Law entitled "A Local Law in relation to Establish Energy November 22, 2016 Southold Town Board Board Meeting page 43 Benchmarking Requirements for Certain Municipal Buildings" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 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" 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 [#], 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 November 22, 2016 Southold Town Board Board Meeting page 44 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. (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. November 22, 2016 Southold Town Board Board Meeting page 45 (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 (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. November 22, 2016 Southold Town Board Board Meeting page 46 §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. I have an affidavit that this has been noticed in the Suffolk Times and also on the Town Clerk's bulletin board. And that is it. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular local law to please feel free. Anybody? (No response) RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell ClosinIZ Comments Supervisor Russell SUPERVISOR RUSSELL: That completes the business of the agenda. Would anyone like to address the Town Board on any issue? Nancy? Nancy Sawastynowicz NANCY SAWASTYNOWICZ: Nancy Sawastynowicz of Cutchogue. Good evening. It was great to see all of those historic places being protected, I just wish that the development rights of farmland could be protected as well. The last Planning Board meeting on November 7, 2016, there were three public hearings for new wineries plus Ackermann's site plan hearing held over. His proposed construction of a 7,142 square feet agricultural storage barn on Southold town development rights land of 22.8 acres in the AC zoning district. The property is located at 1350 Alvahs Lane. My mother's father, Paul Kaloski, along with my parents and other relatives, farmed this site with organic methods including teams of horses. In 1998, my mothers' mother, Sophie Kaloski sold the property development rights to the Town of Southold. Grandma could have sold the property to a developer. Instead she chose to sell the development rights to keep the farm a farm. When the current owner, Ackermann, purchased the property, my mother welcomed her new neighbor. In return, he lied to her face, he told her he was going to raise cows on the property. It was a shock to learn that he bought the property and is now applying for permission to build a garage to use for storing equipment and warehousing supplies for a commercial agricultural service company. Not long before buying the preserved farm, Ackermann proceeded to cut down most of the trees on the property. The wooded buffer used to protect the site and my mother's property from strong winds and also screech owls and great horned owls used to nest there. Next thing you know, Ackermann sawed off four inches from my mother's clothesline. Maybe it was over his property, but he could have asked her to move November 22, 2016 Southold Town Board Board Meeting page 47 it. I guess he wants to use every single piece of his property for business. He is obviously not the same kind of farmer my ancestors were. The former owner planted the grape vines with consideration of the neighbors. They even notified my mother before they sprayed fungicide so she could take her laundry in and close her windows to keep the spray out of her house. When my sister introduced herself to Ackermann, she asked him not to cut down the trees from the property line as they would provide some protection from the toxic chemicals they would be putting on the grapes. His response was, he hates trees and birds. Not long afterwards, he sprayed weed killer on the property line. Not only did he kill every plant on the edge of his own property but he killed plants on my mother's property and now he is using every inch of his property. I have pictures of that in the Planning Board department on how his poison encroached about, oh, I would say maybe a foot into my mom's property. I suspect the poisons he is spraying is soaking into the groundwater and ending up in my mother's well water. Ackermann states on the LWRP consistency review form, `since taking ownership in 3/16, old equipment, rubble and trash have been removed. Dumping site graded and irrigation installed. Fences have been repaired and upgraded.' Ackermann does not mention that he has removed every trace of rural character and natural habitat and installed a brand-new 10 foot tall wire fence around the property. For almost 100 years, my family cared and cherished the farm and the neighborhood. In a few months, he has ruined it. To me it looks like a bomb went off and the area was fenced in. So this summer he applied to the Planning Board to permit him to transform the property into a base of operations for commercial distribution of industrial agricultural service. I am not a lawyer, I do have common sense, and all I need to know is, what he is doing is not farming. Then this is, then he gave a list, the Planning Board asked what he is going to put in this huge building so, this is the list. He is applying to approve this building, he is planning to store two GMC 350 heavy duty pickup trucks 25x8.6, two trailers 30x8.6, four utility trailers 17x8x6, one Kabolta L6-06 trailer with loader and a plow 22x8x6, one Kabolta L4400 tractor with loader 17x8x6, two Kabolta L60460 tractors with rotary mowers 22x8x6, three Kabolta L404 tractors with LIPCO sprayers 25x8x6, one Kabolta JD5500 tractor with a CIMA sprayer 25x8x6, I am sorry this is so long but this is what he wants to put in the building, two herbicides and he said he wasn't going to have chemicals in the building 8x6, two Vicon spreaders 8x6, three Thrall mowers 8x6, two hedgers 8x6, one leaf remover 8x6, one PTO woodchipper 12x6, one chipper and vac 18x8x6, two post pounders 8x6, two net masters 8x6, one perpa disc 8x6, two bucket grabbers 8x6 and two clammers 8x6. He states `this equipment owned by the NFVS is typical for managing any vineyard, so even if we were only managing our own vineyard on the site which is 8 acres of grapes on that farm, we would still need this barn and all the equipment. Now, come on now, he needs all that equipment for 8 little acres of vineyard? So then he goes, all the equipment is also used to site and manage other vineyards and properties. The equipment will be stored on Alvahs Lane regardless, as I have purchased the property to be a working farm not as a public service to provide scenery to the neighbors. Equipment stored in the barn will be far more attractive than equipment stored outside or in a large plastic trestle temporary shelter. So, this application will be a precedent for all of the farms that gave up their development rights to become commercial property. By calling it a working farm, Ackermann bought the land for $24,000 an acre. Land on the North Fork with development rights are going for $165,000 an acre. Eight acres of the Ackermann land is all that has the vineyard. He has managing 400 acres all over town and growing. The property rights are split between him and the taxpayers, the public easement and he is not respecting that. His operation is a commercial operation and he November 22, 2016 Southold Town Board Board Meeting page 48 operates his business as such. The very words he used to describe his business falls under the definition of a contractors yard which requires the light industrial or commercial property. And it's just that, that farm, my grandparents farmed it over 100 years ago and it was so beautiful. Everybody was so happy, it was like front page news when they sold the development rights to the town and I am so thankful the town bought it. But he came in here from California and he's like this, he said he is going to do it no matter what. so I don't know how we are going to deal with this guy but it's a real problem and he's still cutting down more trees and he came into my mother's yard and he cut the trees like at the bottom, and so it's like he depreciated her property value. And I am just sad, because to me that is as beautiful as an old house, that old farm. I thank you for your consideration and I know it's really a tough thing to deal with because he is not going to listen. And I thank you for listening to me. Thank you. Benja Schwartz BENJA SCHWARTZ: How you doing? Benja Schwartz. Good evening. Anybody awake up there? I think I want to probably talk about some of the same things Nancy talked about but hopefully I will make them simpler so that you can understand them. Apparently, there's a lot of misunderstanding going on in this local government. So if I say anything that you don't understand,please interrupt me.... SUPERVISOR RUSSELL: Benja, we are here to listen, we are not here to be insulted. Let me tell you right now, you have no idea how this particular Board feels about that application because we haven't been given an opportunity to speak on it yet. so I think I find it insulting and presumptuous.... MR. SCHWARTZ: I am sorry, I didn't mean to insult you. SUPERVISOR RUSSELL: Yes, you did. MR. SCHWARTZ: You say you haven't had an opportunity but you've been up there for 10 years, more than that. SUPERVISOR RUSSELL: And the application hasn't been pending for 10 years, so. MR. SCHWARTZ: The deeds of development rights have been out there. No, this particular application has not but this particular individual came from California, I think he lived in the city for a while, he bought this property sometime at the beginning of this year or late last year. And started using it as a base of operations for a farming company that he claims is currently farming 400 acres. Now, it's only eight acres. If this is preserved as a farmland to use, we say it's agriculture but we all know that the intent, when the town paid roughly the same amount of money that this individual paid for the property, yes he has a deed to the property but he bought that deed, I don't know, is it 10 years after or more, than the development rights have been sold on the property. Who owns the development rights? SUPERVISOR RUSSELL: The town does. November 22, 2016 Southold Town Board Board Meeting page 49 MR. SCHWARTZ: The town does. And you, as the Town Board, are the embodiment of the (inaudible) in the sense that the Supervisor signed the deed that made the deal and it's your job to see that these development rights are respected. Now, this application has brought it to all of our attention but the fact is, he bought this property intending to use it as a base of operation to conduct an activity which by his own claims is 50 times more intense than we ever anticipated the agriculture on that property to be. Plus he says he has got a growing company. So let's say in the next 5-10 years he gets another 400 acres of contracts. He could be farming 800 acres of property all from this little 22.8 acre property on which there are only 8 acres of vines. So you know, farming is one thing, we have a right to farm but there's a lot of different types of farming and the way he has approached `farming this property' is by putting a fence that I think is supposed to be 8 feet, it's 8 Meet all around the perimeter of his property, so he doesn't give up one inch of his property. Now in the old days, agriculture, farmers, they would farm one field and then there would be a field that would lie fallow and then they would have buffer zones around their property. So you know, I am fine with farming but not only is this a bastardization of the concept of farming but he's also obviously a lover of chemicals, pesticides, herbicides, etc. That's what his business is. I think this town needs to distinguish between farming which is benign or beneficial to the environment and farming which is harmful to the environment. I don't think that's happening right now. This particular application to build the thing he calls a barn which more appropriately would be termed a garage was referred to the land preservation committee. Now, nothing against the land preservation committee but their consideration of this application, they basically said that they approve the use but they don't have any control or any opinion on the building, where the building is put, the size of the building. You know, I mean, did they, they didn't even say what use they are approving. They said it's an agricultural use. Well, a lot of things are agricultural. If he had a garage there to fix tractors, that would be an agricultural service. But it's not an agricultural production in the sense that the deed of development rights restricts that property to pure, only agriculture. Nothing else and this thing that is going on there right now without a building, he's got a bunch, I went by there the other day and I saw he's got three bright orange tractors on the property, you can't miss them. Does he need three tractors to farm 8 acres of vines? To farm that property? I don't think so. I am afraid to see what is going to happen to that poor property, the way he's approached it, just chopping up the things and to call himself a farmer. Well, thank you for listening, I hope that as the Town Board, you will do something to protect our interests, which we paid not just as much, we paid a little less in dollars but the dollars paid by the town were paid in 1998 or maybe early 1999. He just paid them in late 2015 or 2016. Approximately the same dollar amount for that property. Now his attitude is, you have no business telling me anything, I can do whatever I want because I am a farmer and farmers have a right to farm. Well, let me tell you, there are a lot of different things that farmers do and some of them I would call farming, some of them, you don't want to hear what I would call that. On another subject, if I may.... SUPERVISOR RUSSELL: Can I just speak to the first issue? MR. SCHWARTZ: Absolutely. SUPERVISOR RUSSELL: I do think Southold has an issue with agricultural structures, I will not comment on that specific application but in the past, people have stretched the definition of November 22, 2016 Southold Town Board Board Meeting page 50 an agricultural structure to the point where we have agricultural structures that don't even support farm operations. And I do think the town, now to the credit of the Agricultural Advisory Committee, they are in the process of defining what an agricultural structure means. I do think a mere application that calls something an ag structure that happens to be built in AC zone doesn't necessarily make it an agricultural structure. Of course, whenever I say that, I get accused of anti-farming. I can tell you another example and I know you have been a critic of me, we have an application that's brand new for a winery. Six thousand square feet on 15 acres. The owner intends on planting five acres of grapes and five acres of privets. We essentially have a winery that's going to be supported by five acres of bushes. That makes no sense to me, that's a bad code. That needs to be addressed. There was a time where the winery was the end of an agricultural process, you grow the vines, you take care of them, you grow the grapes, you turn them into wine and then you sell them at the retail component. Now it seems like the winery comes first and the agricultural production is an afterthought and that's a real shame. MR. SCHWARTZ: You know, the application that's pending is primarily about the building. SUPERVISOR RUSSELL: Right. MR. SCHWARTZ: I believe it also involves the use and I am hoping that the Planning Board which the application is before, will take into consideration the situation and the nature of the use and will make the decision for that particular property that that is not, that use is not allowed there and somehow we will stop this individual from trying to run this commercial company on property that the taxpayers invested in to preserve it as a farm, for farming. Not for farming the entire town but for farming itself. So I am hoping that the Planning Board will take care of that, I believe that in this case, there also is another interest that should be heard from. You know, the preserved rights, the development rights were purchased by the town, they belong to you. Now the Land Preservation Committee has no authority, other than advisory, to make suggestions. So they were asked for an opinion on this. The Agricultural Advisory committee was not asked for an opinion and I don't believe that the Town Board has been consulted yet by the Planning Board. But I believe it would be entirely appropriate, in a situation where the property is shared between the farmer and the public, the local municipality, for the Town Board to get involved in that specific development application because the result of that application, when it comes out, will significantly affect whether our rights, which you are elected to represent are protected or are disregarded. This particular individual says he is going to keep doing what he is doing, if we don't let him build a building, he'll put up some kind of a weird houses or something. I think he is talking about greenhouses but he uses some.... SUPERVISOR RUSSELL: I will even go even farther and say that, I will not speak to the specifics of this, I don't know enough about it. But generally speaking, if an agricultural structure is not going to support directly an agricultural operation, then the issues of PDR's is almost irrelevant. It wouldn't be permitted in AC zone. PDR's notwithstanding. If it is not permitted in the zone, then it's almost irrelevant if the PDR's have been sold or not. It's not permitted either way. November 22, 2016 Southold Town Board Board Meeting page 51 MR. SCHWARTZ: Well, can we get the code enforcement or the building department or somebody to look at this? I mean, when this application came into the building, I must admit that the applicant tried to pony it, piggyback it on top of a prior application by a prior owner of the property who had applied for and received permission from the Planning Board to build a small horse barn on the property. He said and this pending application is still on the books as an amendment of that application, well, that application was approved and finished but when this application came in to the Planning Board the early papers that were filed with the Planning Board were filed in with the completed finished application. I mean, so there's some... SUPERVISOR RUSSELL: The one thing I will say with the building department, they have a difficult job and some of the issues, the historical issues, again, I will say it again, I am not commenting on that application but the historic problem goes long before this building department and one of the problems they do have is when you receive an application, to be able to verify what the applicant is applying for. That's been difficult in the past, when people call the structure a certain thing and the ultimate use converts to something other than the use for agriculture. It's been very difficult for them. MR. SCHWARTZ: Thank you for taking some time to discuss this tonight and I hope that you will think about it and think about the possibility of becoming involved in a more direct way with this specific application. The issues of farming and correcting the development rights all over town, right now they are on the back burner. This guy is applying right now for a building and instead of continuing to entertain his application to put up a building, I think we should be stopping him from doing what he is already doing. Another subject, there was a public hearing which I believe I missed tonight, I apologize but if I may use this opportunity to speak. There is a law that was proposed and I was reading a little bit about the subject on the United States Environmental Protection website and they say that this software that the Town of Southold is considering using the portfolio manager, the portfolio manager is the tool of choice among cities such as New York, Seattle and Boston that have recently passed mandatory benchmarking laws. And now the Town of Southold is considering follow suit. Following New York, Boston and Seattle. But the Town of Southold is not New York, Boston or Seattle. In the law it says that it is going to be administered by the Department of Public Works. The Department of Public Works website says here the Department of Public Works manages 12 buildings. I think it's great that we are going to look at the energy use of the buildings and we are going to start benchmarking them and comparing how they vary year by year and building by building and considering ways to improve that. I don't think a law is the right way to go about it. This law is not just a benchmarking law but it also requires that the information be posted and made available to other people. Well, we have got the website right here. It says 12 buildings. I don't know what 12 buildings they are talking about. Now, I could go around myself and try to count the 12 buildings in town but wouldn't it be nice if it said right here when it talked about 12 buildings, gave an explanation what they are? Quick aside, I was very impressed by Betty's website tonight when I was looking at this law and I went into the agenda online and I clicked on the agenda and there was a thing that said reference document and I clicked on that and it came up with the proposed law and I was able to print that out. And it's all online right there. it's not in the agenda's that are handed out at the meeting which is really too late to do anything with them anyway at that point but it's, it was right there on the line, it took a little playing to get to it November 22, 2016 Southold Town Board Board Meeting page 52 but I got to it. So the first question is, why a law? And then it says, collecting, reporting and sharing benchmarking data will all municipal officials and the public to understand the energy performance of municipal buildings. So on the subject of understanding, I was disappointed that this law has some kind of loose definitions and fails to mention things like conservation. There's a lot of talk about energy here but very little talk about means of reducing the energy use. Weather stripping insulation for example. There's a little mistake in paragraph six, I don't know if you have the law up there, if you have it with you but in section two, definitions, it defines energy as electricity dadadaduh, or renewable onsite electricity generation for purposes of providing heating, cooling, water heating or (inaudible), well, it shouldn't be electric generation. Renewable onsite generation is available in many forms. Electric is one of them. The efficiency with which solar panels convert sunlight to electricity is I think it's somewhere around 8 or 12 percent or somewhere around that range, a much higher efficiency can be accessed if we convert the sunlight into heat by using solar thermal panels that heat the hot water directly with the sun's rays instead of converting the sun's rays to electricity, storing it or applying it after the fact. Same with lighting, you know, sure you can put solar panels up there, the put LED lights and it's pretty efficient but you can also put windows that just let the light in. Windows also let the warmth of the sun in if the buildings are designed and sited appropriately. So there's a lot of different things that could be incorporated in this law. Like onsite electricity generation, renewable should also talk about solar lighting, solar geothermal heating, cooling and water heating. It was very brief look at this, I hope it will be pursued and I commend the Town Board and the Public Works manager for this initiative but I hope also that you will reconsider the idea of making it a law. I don't think we need a mandatory law, I think all you need to do is direct, maybe have a policy and instruct the Public Works Department if you want to have these kind of things done. And then, you know, if we can, whatever is done if it can be posted publicly, I am sure you can get some people to comment and contribute their ideas. Okay, I think I have said everything I want to say at this point. Any questions? SUPERVISOR RUSSELL: That's what I ask. MR. SCHWARTZ: Do you understand, can anybody tell me why this needs to be a law? SUPERVISOR RUSSELL: The opportunity for grants which are going to be made available but the necessity of adopting a local law, that was a requirement before we could apply for grant opportunities, to actually not just benchmark but update some of those (inaudible).... MR. SCHWARTZ: I am not sure that at least something like a policy wouldn't be suitable. You know, when you start burdening or adding, bloating the code with all these different laws it becomes very unwieldy. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Thank you. Would anyone else like to address the Town Board? (No response) Motion To: Adjourn Town Board Meeting November 22, 2016 Southold Town Board Board Meeting page 53 RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:46 P.M. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell