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Home My WebLink AboutTB-01/17/2017 ELIZABETH A.NEVILLE °g�FFo(� Town Hall, 53095 Main Road TOWN CLERK j°°` coy PO Box 1179 Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER y�01 �a°� Telephone: (631)765- 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING January 17, 2017 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, January 17, 2017 at the Meeting Hall, Southold,NY. Call to Order 7:30 PM Meeting called to order on January 17, 2017 at Meeting Hall, 53095 Route 25, Southold,NY. Attendee Name Organization Title Status I Arrived James Dinizio Jr Town of Southold Councilman Absent mm William P. RulandTown of Southold = Councilman ; Present Jill Doherty _ m Town of Southold 1 Councilwoman t Present Robert Ghos_io _ Town of Southold € Councilman ;_Present _Louisa P. Evans_ # Town of Southold ; Justice , Present ScottA. Russell Town of Southold ? Supervisor ; Present Elizabet"'.Neville Town of Southold Town Clerk Present William M Duffy Town of Southold , Town Attorney Present I. Reports 1. Program for the Disabled Monthly Report 2. Program for the Disabled Report 3. Judge Price Monthly Report 4. Judge Hughes Monthly Report 5. Town Clerk Reports 6. Recreation Department Monthly Report 7. Trustees Monthly Report 8. Zoning Board of Appeals Monthly Report Southold Town Board Meeting January 17, 2017 page 2 9. Dept of Solid Waste Monthly Report II. Public Notices 1. NYS Liquor License III. Communications IV. Discussion 1. 9:30 AM East Hampton Councilman Fred Overton, Chair of the EH Fisheries Committee Brad Loewen and Emerson Hasbrouck of Cornell Cooperative Extension 2. 9:00 AM Lloyd Reisenberg with Denis Noncarrow 3. Councilman Ruland 4. 9:45 AM Jim Bunchuck 5. Town Attorney 6. Executive Session -Labor 7. Executive Session-Litigation 8. Councilman Ghosio Opening Comments Supervisor Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance. Thank you. We actually have three public hearings scheduled tonight, what will happen is we will get the business of the agenda is done. After that we will open up the public hearings and take public comment on those if that is what you are here to speak about. In the meantime, we have to get the regular agenda done, so I am going to offer anybody that wants to comment on any of the agenda items to please feel free? (No response) Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, July 26,2016 ✓Vote Record-Motion Yes/Aye No/Nay Abstain Absent James Dmizio Jr Voter ❑ ❑ ❑ 0 0 Accepted William P_Ru_land Voter El ❑ 11 ❑ Accepted as Amended Jill Doherty Voter 0 ❑ ❑ ❑ _ ❑ Tabled Robert Ghosio Seconder o El1111 Louisa P Evans Mover 0 ❑ ❑ ❑ Scott A Russell Voter 21 0 11 11 Southold Town Board Meeting January 17, 2017 page 3 RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday,August 09, 2016 ✓Vote Record-Motion Yes/Aye No/Nay Abstain Absent James Dmizio Jr Voter ❑ ❑ ❑ 0 0 Accepted William P Ruland Voter ❑ Accepted as Amended P Jill Doherty Voter � ❑ _ ❑ _ _❑ _ ❑ Tabled Robert Ghosio Seconder 0 ❑ ❑ ❑ Louisa P Evans Mover 0 ❑ ❑ ❑ Scott A Russell Voter ' 0 ❑ ❑ ❑ RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday,August 23,2016 ✓Vote Record-Motion Yes/Aye No/Nay Abstain Absent James Dimzio Jr Voter ❑ ❑ ❑ 0 0 Accepted William P Ruland Voter 0 ❑ ❑ ❑ AcceptedJ ❑ as Amended - _ _ _ _ _ill Doherty. Voter 0 _ _ 11 _ ❑ ❑_ _ 11 Tabled Robert'Ghosio '-Seconder---- 0 ❑ ❑ _ ❑ Louisa P Evans Mover 0 ❑ ❑ ❑ Scott A.Russell Voter 0 ❑ ❑ ❑ RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, September 06, 2016 ✓Vote Record-Motion Yes/Aye No/Nay Abstain Absent James Dimzio Jr Voter ❑ ❑ ❑ 0 0 Accepted WilLam P.Ruland Voter 1 ❑ ❑ ❑ ❑ Accepted as Amended -- — — P Jill Doherty _ Voter ' 0 > ❑ ❑ __ ❑ ❑ Tabled - - - Robert Ghosio Seconder 0 ❑ ❑ ❑ Louisa P Evans Mover 0 ❑ ❑ ❑ Scott A.Russell Voter 0 ❑ ❑ ❑ RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, September 20, 2016 ✓Vote Record-Motion Yes/Aye No/Nay Abstain Absent James Dmizio Jr Voter ❑ ❑ ❑ 0 Accepted William P Ruland Voter 0 ❑ ❑ ❑ ❑ Accepted as Amended Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Tabled Robert Ghosio Seconder 0 ❑ ❑ ❑ Louisa P Evans Mover ; 0 ❑ ❑ ❑ Scott A Russell Voter 0 ❑ ❑ ❑ V.Resolutions 2017-97 CATEGORY.• Audit DEPARTMENT: Town Clerk Approve Audit Southold Town Board Meeting January 17, 2017 page 4 RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated January 17, 2017. ✓Vote Record-Resolution RES-2017-97 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain _Absent ❑ Tabled James Dmizio Jr Voter El 11 110 ❑ Withdrawn ❑ 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 2017-98 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,January 31 2017 at the Southold Town Hall Southold New York at 4:30 P. M.. ✓Vote Record-Resolution RES-2017-98 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent 11 Withdrawn --- -- --- — - - James Dmizio Jr Voter 11 11 ❑ ❑ 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 2017-99 CA'T'EGORY: Budget Modification DEPARTMENT: Accounting Southold Town Board Meeting January 17, 2017 page 5 Create Capital Budget for Highway Management Vehicle Financial Impact: Create capital budget for DPW Truck and Plow WHEREAS the Town Board of the Town of Southold adopted a 2017 Capital Budget which includes an appropriation for the Department of Public Works for a 2017 Dodge 2500 Truck & Plow, and WHEREAS the Town's Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the followinjZ Capital Proiect in the 2017 Capital Fund: Capital Project Name: DPW Truck &Plow Financing Method: Transfer from the General Fund Whole Town Budget: Revenues: H.5031.85 Interfund Transfers $33,500 Appropriations: H.1620.2.200.200 DPW Truck&Plow $33,500 ✓Vote Record-Resolution RES-2017-99 0 Adopted ❑ Adopted as Amended ❑ Defeated - — - - - Yes/Aye No/Nay Abstain Absent ❑ Tabled - __ _ _ ❑ Withdrawn James Dmizio Jr Voter ❑ 11 11 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 2017-100 CATEGORY.- Contracts, Lease &Agreements DEPARTMENT. Engineering Change Order#6 W/Construction Consultants/LI, Inc. -Highway Maintenance Building RESOLVED that the Town Board of the Town of Southold hereby approves Change Order#6 to the Town of Southold Highway Maintenance Building Project Contract with Construction Consultants/LI, Inc. in the net amount of$1,386.00, pursuant to their Proposed Change Order Southold Town Board Meeting January 17, 2017 page 6 dated December 30, 2016, subject to the approval of the Town Engineer and Town Attorney. ✓Vote Record-Resolution RES-2017-100 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - — ------ ------ --- - -- --- --- ❑ Withdrawn James Dinizio Jr Voter ❑ ❑ ❑ 0 El Supervisor's Appt William P.Ruland . Mover 0 ❑ El ❑ 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 2017-101 CATEGORY. Budget Modification DEPARTMENT• Police Dept Police Department-Budget Modification Financial Impact:Reallocation of budgetary funds to cover PSD Holiday earnings for the 2016 budget RESOLVED that the Town Board of the Town of Southold hereby modifies the 2016 General Fund Whole Town budget as follows: From: A.1990.4.100.200 Police Retirement Reserves $1,035 Total $1,035 To: A.3020.1.100.500 Pub. Safety Comm/Holiday Earnings $1,035 Total $1,035 ✓Vote Record-Resolution RES-2017-101 0 Adopted ❑ Adopted as Amended r - -- - - _ Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dmizio Ir Voter ❑ ❑ ❑ 0 ❑ Tabled William P Ruland Voter 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio Seconder 01 ❑ ❑ ❑ Louisa P Evans Mover D ❑ 11 ❑ Rescinded ❑ Town Clerk's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action Southold Town Board Meeting January 17, 2017 page 7 ❑ Lost 2017-102 CATEGORY. Contracts, Lease &Agreements DEPARTMENT. Land Preservation Engage George R. Rehn CPA for 2016 CPFAudit WHEREAS on February 10, 2015,the Town Board adopted Resolution No. 2015-178, accepting the bid of George R. Rehn, Certified Public Accountant, East Setauket,New York for the preparation of an annual audit of the Community Preservation Funds for the year 2014 with an option for renewal under the same terms and conditions for two additional one-year periods in the amount of$5,000 for the year 2015 and $5,000 for the year 2016, and WHEREAS both parties have agreed to renew the engagement for an annual audit of the Community Preservation Funds for the year 2016 in accordance with the bid proposal, now therefore, be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an engagement letter with George R. Rehn, Certified Public Accountant, regarding the preparation of an annual audit of the Peconic Bay Community Preservation Fund for the year ended December 31, 2016 in an amount not to exceed $5,000, as a legal charge to budget line CM.1320.4.500.300, all in accordance with the bid proposal and subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2017-102 0 Adopted ❑ Adopted as Amended ❑ Defeated _Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter i ❑ ❑ ❑ 0 ❑ Supervisor's Appt William P Ruland Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt]-lgwys Appt Scott A Russell Voter Rl ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-167 CATEGORY. Consulting Southold Town Board Meeting January 17, 2017 page 8 DEPARTMENT. Information Technology RPF for Computer Firewall Upgrades RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to advertise for bids for Firewall Upgrades to all Town locations including but not limited to hardware, software, etc. as needed. ✓Vote Record-Resolution RES-2017-167 ❑ Adopted ❑ Adopted as Amended ❑ Defeated Q Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dmizio Jr Voter _ p p ❑ Supervisor's Appt William P.Ruland Seconder Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost Next:2/14/17 7:30 PM 2017-104 CATEGORY. Employment-FIFD DEPARTMENT. Accounting Accept Resignation 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 January 9, 2017 that accepts the resignation effective December 31, 2016 of Jeffrey Nossek,part time Purser (FIFD) and full time Account Clerk Typist, for the Fishers Island Ferry District. ✓Vote Record-Resolution RES-2017-104 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled .lames Dinizio Jr Voter ❑ ❑ ❑ Q ❑ Withdrawn William P.Ruland Mover Q ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosjo Voter Q ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Seconder Q ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action 0 Lost Southold Town Board Meeting January 17, 2017 page 9 2017-105 CATEGORY. Employment-FIFD DEPARTMENT: Accounting Accept Resignation of Megan Morgan RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted January 9, 2017 that accepts the resignation effective December 31, 2016 of Megan Morgan,part time Cashier (FIFD), for the Fishers Island Ferry District. ✓Vote Record-Resolution RES-2017-105 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 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 2017-106 CATEGORY: Employment-FIFD DEPARTMENT: Accounting Accept Resignation of Heather Stone RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted January 9, 2017 that accepts the resignation effective February 28, 2017 of Heather Stone,part time Ferry Captain (FIFD) and part time Deckhand (FIFD), for the Fishers Island Ferry District. ✓Vote Record-Resolution RES-2017-106 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dinizio Jr Voter ❑ ❑ ❑ 0 ❑ Defeated William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Mover 0 ❑ ❑ 11 Southold Town Board Meeting January 17, 2017 page 10 ❑ 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 2017-107 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk American Diabetes Bike Ride 2017 Financial Impact:Police Department cost for Event=$.00 RESOLVED the Town Board of the Town of Southold hereby grants permission to the American Diabetes Association to use the following roads for their Annual Bike Ride event, Tour de Cure on Saturday, May 13, 2017, from 6:00 a.m. to 6:00 p.m.: Peconic Bay Blvd, Bay Ave, Route 25,New Suffolk Ave, 5th Street,New Suffolk Road, Route 25, Moore's Lane, CR 48, Main Road, Tabor Rd, Orchard St, Village Lane,King Street,Narrow River Road, Main Road, CR 48, Rt. 25, Sound Rd, Sutton Pl, Tasker Lane, Sound Drive, Westwood Lane, Homestead Way,Moore's Lane N, CR 48, Soundview Ave, Mill Rd, CR 48, Bridge Lane, Oregon Road, Mill Lane, CR 48 throughout Southold Town,providing they comply with all the regulations included in the Town's Policy for Special Events on Town Properties and Roads and the Special Events Law in the Southold Town Code. The town stresses that the total number of riders must be limited to 600 or less.Non-police personnel are not permitted in the roadway to perform any type of traffic control for this event. All fees for this event have been waived, with the exception of the Clean-up deposit, subject to the approval from the Police Chief. ✓Vote Record-Resolution RES-2017-107 0 Adopted ❑ Adopted as Amended _ ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Voter ❑ ❑ ❑ 0 ❑ Withdrawn William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action 0 Lost Southold Town Board Meeting January 17, 2017 page 11 2017-108 CATEGORY.• Budget Modification DEPARTMENT. Trustees Budget Modification Financial Impact. To cover over expenditures for new shellfishing signs RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2017 budget as follows: From A.8090.4.400.500 Contracted Services/Mooring Survey $1,495.00 Total $1,495.00 To: A.8090.4.100.650 Contractual Expenses/Shellfish Advisory $1,495.00 Total $1,495.00 ✓Vote Record-Resolution RES-2017=108 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter ❑ ❑ ❑ 0 ❑ Supervisor's Appt William P Roland 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 2017-109 C4TEGORY. Property Usage DEPART/VIENT. Fishers Island Ferry District FIFD- Grasslands Management Plan Southold Town Board Meeting January 17, 2017 page 12 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 January 9, 2017 in regard to the 2017 Grasslands Management Plan. ✓Vote Record-Resolution RES-2017-109 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled �._. ❑ Withdrawn James Dmmzio Jr Voter ❑ ❑ ❑ D ❑ 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 2017-110 CATEGORY. Contracts,Lease&Agreements DEPARTMENT. Fishers Island Ferry District FIFD-Fairhaven Amendment 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 January 9, 2017 in regard to amending the Fairhaven proposal. ✓Vote Record-Resolution RES-2017-110 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 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 2017-111 Southold Town Board Meeting January 17, 2017 page 13 CATEGORY: Contracts, Lease&Agreements DEPARTWENT: Fishers Island Ferry District FIFD-Cross Sound Ferry 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 January 9, 2017 in regard to Cross Sound Ferry Services. ✓Vote Record-Resolution RES-2017-111 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 Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-112 CATEGORY.• Budget Modification DEPARTMENT: Accounting Establish Capital Project Financial Impact:None WHEREAS the Town Board of the Town of Southold adopted a 2017 Capital Budget which includes a$10,862.00 appropriation for the procurement and installation of swings at the Town Beach and Gull Pond, and WHEREAS the Town's Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Project in the 2017 Capital Fund: Capital Project Name: Town Beach & Gull Pond Swings Financing Method: Transfer from the General Fund Whole Town Budget: Revenues: Southold Town Board Meeting January 17, 2017 page 14 H.5031.52 Interfund Transfers $10,862 Appropriations: H.1620.2.500.250 Town Beach & Gull Pond Swings $10,862 ✓Vote Record-Resolution RES-2017=112 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent _ ❑ Withdrawn James Dmizio Jr Voter ❑ ❑ ❑ p ❑ Supervisor's Appt William P.Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter El ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder lZ ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-113 CATEGORY.- Budget Modification DEPARTMENT.- Accounting Establish Capital Project Financial Impact:None WHEREAS the Town Board of the Town of Southold adopted a 2017 Capital Budget which includes a$6,000 appropriation for the procurement of park benches at Silversmiths Corner, and WHEREAS the Town's Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Project in the 2017 Capital Fund: Capital Project Name: Silversmiths Corner Park Benches Financing Method: Transfer from the General Fund Whole Town Budget: Revenues: H.5031.53 Interfund Transfers $6,000 Appropriations: H.1620.2.500.300 Silversmiths Corner Park Benches $6,000 Southold Town Board Meeting January 17, 2017 page 15 ✓Vote Record-Resolution RES-2017-113 El Adopted ❑ Adopted as Amended ❑ Dbfeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Voter ❑ ❑ ❑ El ❑ Supervisor's Appt Wilham P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder RI ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover IZI ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter la ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-114 CATEGORY. Budget Modification DEPARTMENT: Accounting Budget Modification to Appropriate HRC Donations Financial Impact:Appropriate donation from Mattituck Lions Club ($1500), Minor& Co Studio ($250) and Rita Gledich ($100) all earmarked for HRC RESOLVED that the Town Board of the Town of Southold hereby increases the 2017 General Fund Whole Town budget as follows: Revenues: A.2705.40 Gifts & Donations, Other Donations $1,850 To: A.6772.4.100.110 Program Supplies/Materials $ 350 A.6772.4.600.200 Senior Trips &Excursions 1,500 Total $1,850 ✓Vote Record-Resolution RES-2017-114 RI Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated .lames Dmizio Jr Voter ❑ ❑ ❑ d ❑ Tabled William P Ruland Voter El ❑ ❑ ❑ ❑' Withdrawn ❑ Supervisor's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio Mover 21 ❑ ❑ ❑ ❑ Rescinded Louisa P.Evans Seconder CEJ ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt 0 No Action Southold Town Board Meeting January 17, 2017 page 16 ❑ Lost 2017-115 CATEGORY. Contracts,Lease&Agreements DEPARTMENT. Town Attorney 2017 Agreement W/Wayne Galante- Court Reporter for Trustees RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and Wayne I. Galante, Certified Court Reporter, or his agent, in connection with Court Reporting Services for the Board of Trustees, for the period from January 1, 2017 through December 31, 2017, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2017-115 0 Adopted ❑ Adopted as Amended ❑ Defeated -- — - - Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dm " izio Jr Voter ❑ ❑ ❑ D ❑ 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 I ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-116 CATEGORY. Contracts,Lease&Agreements DEPARTMENT. Town Attorney Traffic Light Maintenance RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and Johnson Electrical Construction Corp. in connection with traffic light repairs and maintenance along County Route 48, at a cost of$725.00 per month plus an additional $450.00 Bi-annual inspection fee, for a one year term, effective January 1, 2017, subject to the approval of the Town Attorney. Southold Town Board Meeting January 17, 2017 page 17 ✓Vote Record-Resolution RES-2017-116 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dmizio Jr Voter ❑ ❑ ❑ 0 ❑ Supervisor's Appt William P Roland Mover 0 El ❑ ❑ Tax Receiver's Appt Jill Doherty Voter lZ ❑ ❑ ❑ ❑ 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 2017-117 CATEGORY: Contracts,Lease&Agreements DEPARTMENT. Town Attorney Maintenance Agreement Between Town of Southold and Forerunner Technologies, Inc. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Maintenance Agreement between the Town of Southold and Forerunner Technologies, Inc. regarding the Annex phone system, commencing on January 1, 2017 through December 31, 2017, at a contract amount of$900.00, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2017-117 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ___ ❑ Withdrawn .lames Dimzio Jr Voter ❑ ❑ ❑ 0 ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 01 ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-118 CATEGORY. Surplus Equipment Southold Town Board Meeting January 17, 2017 page 18 DEPARTMENT: Public Works 1994 75KW Generator RESOLVED that the Town Board of the Town of Southold hereby declares a 1994 75 KW Generator to be surplus equipment, be it further RESOLVED that the Town Board authorizes and directs the Town Clerk's office to advertise for the sale of same with a minimum bid of$500.00. ✓Vote Record'-Resolution RES-2017-118 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter ❑ ❑� ❑� 0 ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-119 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.5140.4.400.100 Clean-up Debris 850.00 TOTAL: 850.00 To: DB.5130.4.400.650 Maintenance &Repairs 600.00 DB.5110.4.100.100 Misc. Supplies 250.00 TOTAL: 850.00 ✓Vote Record-Resolution RES-2017-119 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Ir Voter ❑ ❑ ❑ 0 0 Defeated William P Ruland Seconder 0 0 0 0 Southold Town Board Meeting January 17, 2017 page 19 ❑ Tabled Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2017-120 CATEGORY. Legal DEPARTMENT.• Town Attorney Appoint ATA Counsel to Board of Ethics RESOLVED that the Town Board of the Town of Southold hereby appoints Assistant Town Attorney Damon A. Hagan as counsel to the Southold Town Board of Ethics. ✓Vote Record-Resolution RES-2017-120 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye _^No/Nay Abstain Absent ❑ Tabled __ ❑ Withdrawn James Dmizio Jr Voter ❑ ❑ ❑ 0 ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 11 ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 1 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-121 CATEGORY.• Contracts,Lease &Agreements DEPARTMENT: Town Attorney Intermunicipal Agreement with Village of Greenport RESOLVED that the Town Board of the Town of Southold authorizes the Town Supervisor to execute intermunicipal agreements with the Village of Greenport for the supply of trained lifeguards for the 2016 and 2017 seasons. Southold Town Board Meeting January 17, 2017 page 20 ✓Vote Record-Resolution RES-2017-121 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter ❑ ❑ ❑ [✓ ❑ Supervisor's Appt William P Ruland Voter IZI ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter El ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder RI ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover Eel ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-122 CATEGORY. Employment-Town DEPARTMENT. Accounting Appoint Valerie DeFio Senior Account Clerk Typist RESOLVED that the Town Board of the Town of Southold hereby appoints Valerie DeFio to the position of full time Senior Account Clerk Typist for the Solid Waste District, effective January 19, 2017 at a rate of$ 61,468.56 per year. ✓Vote Record-Resolution RES-2017-122 Rl Adopted ❑ Adopted as Amended ❑ Defeated - - — - - Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Voter ❑ ❑ ❑ El ❑ Supervisor's Appt William P Ruland Voter IZI ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter IZI ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder, Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter j 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-123 CATEGORY.• Committee Appointment DEPARTMENT: Town Clerk Appointment to Transportation Commission Southold Town Board Meeting January 17, 2017 page 21 RESOLVED that the Town Board of the Town of Southold hereby appoints James Kalin to the Transportation Commission,term to expire March 31, 2019. ✓Vote Record-Resolution RES-2017-123 0 Adopted ❑ Adopted as Amended ❑ Defeated - u yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter ❑ ❑ ❑ I✓7 ❑ Supervisor's Appt William P.Roland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover M ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter RI ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-124 CATEGORY.• Landfill Misc. DEPARTMENT.• Solid Waste Management District Compost Price Reduction RESOLVED that the Town Board of the Town of Southold hereby reduces the price by volume for screened compost sold by the Cutchogue Compost Facility to $5/cubic yard effective immediately and for a period of time to end on March 15, 2017. ✓Vote Record-Resolution RES-2017-124 El Adopted ❑ Adopted as Amended ❑ Defeated _ __._ yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter ❑ ❑ ❑ 0 ❑ Supervisor's Appt William P Roland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Rl ❑ ❑ ❑ ❑ No Action ❑ Lost 2017-125 CATEGORY.• Local Law Public Hearing Southold Town Board Meeting January 17, 2017 page 22 DEPARTAIENT. Town Attorney PH2114117 7.•31 Pm LL Chapters 275&280 WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 17th day of January, 2017, a Local Law entitled "A Local Law in relation to Amendments to Chapter 275 Wetlands and Shorelines and Chapter 280 Zoning". RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 14th day of February,2017 at 7:31 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 275 Wetlands and Shorelines and Chapter 280 Zoning" reads as follows: LOCAL LAW NO. 2017 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 275 Wetlands and Shorelines and Chapter 280 Zoning". BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 275 Wetlands and Shorelines Article I: Definitions; word usage. 275-2. Definitions; word usage. A. Unless otherwise expressly stated,the following terms shall, for the purpose of this chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third International Dictionary of the English Language, unabridged (or latest edition). [Amended 10-11-2005 by L.L. No. 17-2005; 12-18-2007 by L.L. No. 23-2007; 10-9-2012 by L.L. No. 12-2012] BANK- Land incline alongside a body of water. BLUFF -Land presenting Any bank or eliff with a precipitous or steeply sloped face along adjoining a beach or a body of water. For the purposes of this chapter, a precipitous or steeply sloped face shall be a face with a slope of 20% or greater with a height of greater than 10 feet from the toe of the bluff. LIMITS OF BLUFF - The waterw-ard limit of a bluff is the landward limit of its waterward natural protective feature. Where no beach is present, the waterward limit of a bluff is mean low water. The landward limit is 25 feet landward of the receding edge or, in those cases where there Southold Town Board Meeting January 17, 2017 page 23 is no discernible line of active erosion, 25 feet landward of the point of inflection on the top of the bluff. The point of inflection is that point along the top of the bluff where the trend of the land slope changes to begin its descent to the shoreline. Chapter 280. Zoning Article XXII. Supplementary Regulations § 280-116. Building setback requirements adjacent to water bodies and wetlands. [Added 3-14-1989 by L.L.No. 3-1989; amended 11-24-1992 by L.L.No. 20-1992; 6-15-1993 by L.L.No. 8-1993; 12-15-2015 by L.L.No. 9-2015] Notwithstanding any other provisions of this chapter, the following setback requirements shall apply to all buildings or structures located on lots adjacent to water bodies and wetlands: A. Lots adjacent to a bluff as defined in Chapter 275 of the Southold Town Code along the following bodies of water; Long Island Sound, Fishers Island Sound, Gardners Bay, Block Island Sound and Peconic Bay. All buildings or structures located on lots upon which there exists a bluff landward of the shore or beach shall be set back not fewer than 100 feet from the op of such bluff. structures leeated on lots adj aeont to sounds shall be set back not less tha-n 100 feet from the ordinary high water-mar-k of said sound. fM Buildings or structures which are proposed landward of existing principal dwellings shall be exempt from the requirements set forth in Subsection hereof. Docks,.4.11- buildings or-strue-tures Ine-ated on Ints upon whieh a bulkhead, eener-ete wall, ripr-ap 0 simill—Ar st-n-letture exists and which are adjacent to tidal water-bedies ethef thaii seunds shall be set baek not less than 75 fee, "I.-bUlkhe d. The following exeeptions will (1) Buildings which are proposed landward of existing buildings. of Tom%Trustees under Chapter 115, Wetlands and Sher-eline, of the Code of t Town of Southold. wharves, pilings, boardwalks, stairs, > , Southold Town Board Meeting January 17, 2017 page 24 C. All buildings and str-uetures located on lots adjaeont to an), ffeshwater-body shall be set exceptionbaek not less than 75 feet from the edge of sueh water-body of iiot less than 75 fi-- the landwafd edge of the freshwater wetland, w-hiehever-is greater-. The following (1) of Town Trustees under- Chapter-��Wetlands and Sher-eline, of the Gode of the Town of Southold. 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-2017-125 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Voter ❑ ❑ ❑ 0 ❑ Supervisor's Appt William P.Ruland Voter z ❑ ❑ ❑ ❑ 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 Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 7:45 PM in order to hold public hearings. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ruland, Doherty, Ghosio, Evans, Russell ABSENT: James Dinizio Jr Comments regarding Public Hearings Southold Town Board Meeting January 17, 2017 page 25 SUPERVISOR RUSSELL: Let me just quickly explain, we actually have three public hearings scheduled tonight. One is for open space acquisition, one if I guess, informally known as the dumpster law and the other is for the knock down or demolition law. What we are going to do is hold the open space one first and get that out of the way because I know many of you are here on those other hearings and that way we can just get right to them right after we get down with the (inaudible) business. 2017-126 CATEGORY. Enact Local Law DEPARTMENT. Town Clerk Enact LL- Chapter 100-Dumpsters RESOLVED that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 20`x' day of December, 2016, a Local Law entitled "A Local Law in relation to Amendments to Chapter 100, Buildings, Unsafe; Property Maintenance, in connection with Dumpsters." and be it further RESOLVED that the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 100 Buildings, Unsafe; Property Maintenance, in connection with Dumpsters" reads as follows: LOCAL LAW NO. 2017 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 100,Buildings, Unsafe; Property Maintenance, in connection with Dumpsters". BE IT ENACTED by the Town Board of the Town of Southold as follows: § 100-3. Definitions. DUMPSTER- A litter storage and collection container of one cubic yard or greater in capacity, which is mechanically emptied or removed. § 100-4 Standards. A. Property maintenance. (1) Surface and subsurface water shall be adequately drained to protect buildings and structures,to prevent damage to adjacent property and to prevent the development of stagnant ponds. Swimming pools, spas, hot tubs and other similar structures erected for recreational use shall be maintained so as to avoid the stagnation of the water therein. (2) Landscaping shall be adequately maintained so that lawns, hedges, bushes, weeds Southold Town Board Meeting January 17, 2017 page 26 and trees do not become overgrown and unsightly so as to constitute an unsafe condition or blight. At no time shall landscaping, hedges, bushes, weeds or trees create an impediment to emergency and/or fire rescue vehicle access. (3) Garbage, crates, rubbish, refuse or debris shall be kept inside a building or buildings on the premises, or in an acceptable enclosed container, and shall be regularly collected and removed from the premises. (4) Open wells, cesspools or cisterns shall be securely closed or barricaded to prevent access by the public. (5) Junked or unregistered vehicles may not be located or stored in open view but shall be stored in a suitable location inside a building or behind a fence outside of public view. (6) Exterior facades shall at all times be kept free of graffiti or other defacement. B. Dumpsters (1) No dumpster shall be permitted in the front yard or side yard of a property used for a residential use for more than thirty (30) dqys, unless the property benefits from an open and valid building permit. If the property benefits from an open and valid building permit, said dumpster may remain in the front yard or side yard until either the building permit expires, or a certificate of occupancy and/or compliance is issued for the work described in the permit, whichever occurs first. Thereafter, the dumpster must be removed. (2) Dumpsters shall be permitted in the rear yard of properties engaged in a residential use, provided they meet the following criteria: a) The dumpsters shall comply with all setbacks for accessory structures for the zoning district in which the property is located. b) All dumpsters shall be fully enclosed by a stockade fence, or other similar enclosure of not more than six feet in height. c) A dumpster in a residential district shall have a cover which shall cover the dumpster when it is not in active use. (3) Dumpsters shall be promptly removed or emptied when they are full. (4) It shall be unlawful for agy person to store, deposit, place, maintain or cause or permit to be stored, deposited, placed or maintained any dumpster upon any portion of any street, lane, sidewalk, roadway or highway located within the corporate limits of the Town. (5) Exceptions. a) Properties used for bonafide agricultural production shall not be subject to this provision. b) Condominium complexes, apartment complexes and other residential uses subject to site plan approval shall not be subject to the provisions of this section. 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. Southold Town Board Meeting January 17, 2017 page 27 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-2017-126 ❑ Adopted ❑ Adopted as Amended ❑ Defeated 0 Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dmizio 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 Next:1/31/17 4:30 PM 2017-162 CATEGORY. Enact Local Law DEPARTMENT. Town Clerk Enact LL- Chapter 280 Demolition RESOLVED that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 20th day of December, 2016, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zonin1j, in connection with Demolition" and be it further RESOLVED that the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Demolition" reads as follows: LOCAL LAW NO. 2017 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoninji, in connection with Demolition". BE IT ENACTED by the Town Board of the Town of Southold as follows: Southold Town Board Meeting January 17, 2017 page 28 280-4 Definitions. DEMOLITION --Any removal of a structure or portion thereof, where the total cost of the reconstruction of the structure or portion thereof exceeds 75-50% of the total feetage market value of the existing structure before the start of removal. 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-2017-162 ❑ Adopted ❑ Adopted as Amended ❑ Defeated 0 Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dmizio Jr Voter ❑ ❑ ❑ 0 ❑ Supervisor's Appt William P Ruland Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Rl ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost Next:1/31/17 4:30 PM 2017-128 CATEGORY: Property Acquisition Purchase DEPARTMENT. Land Preservation Murphy Property Elect to Purchase, SEQRA WHEREAS, the Town Board of the Town of Southold held a public hearing on the 17th day of January, 2017, on the question of purchasing open space fee title on property owned by James J. Murphy (deceased) and James E. Murphy pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-54.-5-49.1 and 7885 Hortons Lane, Southold,New York, and located on Lily Pond at the southeasterly side of Hortons Lane where it intersects with North Sea Drive, and across from McCabes Beach in the R-40 zoning district; Southold Town Board Meeting January 17, 2017 page 29 and WHEREAS, the open space acquisition is for fee title of the undeveloped parcel that is 1.972 acres according to a 2014 survey. The purchase price is $30,000.00 (thirty thousand dollars). The property will be acquired using Community Preservation Funds. The landowner may claim a Bargain Sale; and WHEREAS, the property is listed on the Community Preservation Project Plan List of Eligible Parcels under the categories lettered A) establishment of parks, nature preserves, or recreation areas; D) preservation of fresh and saltwater marshes or other wetlands; and F) preservation of undeveloped beach lands or shoreline including those at significant risk of coastal flooding due to projected sea level rise and future storms; and, WHEREAS, the Town is acquiring the property for open space purposes including passive recreation, access to Lily Pond, and wetland protection; and, WHEREAS, the purchase of this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold; and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has determined that this action is consistent with the LWRP; and WHEREAS, as per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have reviewed the acquisition and have determined that sanitary flow credits will not be transferred from this property; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition and recommends that the Town Board acquires the property; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase fee title to the subject property for open space purposes including passive recreation, access to Lily Pond, and wetland protection. All uses of the property will be subject to a Stewardship Management Plan which will be developed for this property and will be subject to Town Board approval; and WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, Southold Town Board Meeting January 17, 2017 page 30 WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase fee title to property owned by the James J. Murphy (deceased) and James E. Murphy, identified as SCTM #1000-54.-5-49.1, for open space purposes including passive recreation, access to Lily Pond, and wetland protection. All uses of the property will be subject to a Stewardship Management Plan which will be developed for this property and will be subject to Town Board approval. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. The Town Board has reviewed the acquisition and has determined that sanitary flow credits will not be transferred from this property. ✓Vote Record-Resolution RES-2017-128 ❑ Adopted ❑ Adopted as Amended ❑ Defeated * Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dmizio Jr Voter ❑ ❑ ❑ 0 ❑ Supervisor's Appt William P Ruland Voter lZ ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder, El ❑ ❑ ❑ ❑ 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 Next:1/31/17 4:30 PM VI. Public Hearings 1. Murphy Open Space Set Public Hearing for 1/17/2017 COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, January 17, 2017, at 7:33 p.m., Southold Town Hall, 53095 Main Road, Southold,New York as the time and place for a public hearing for the purchase of open space fee title on property owned by James J. Murphy (deceased) and James E. Murphy. Said property is identified as SCTM#1000-54.-5- 49.1. The address is 7885 Hortons Lane, Southold,New York, and is located on Lily Pond at the southeasterly side of Hortons Lane where it intersects with North Sea Drive, and across from McCabes Beach, in the R-40 zoning district. The proposed acquisition is for fee title of the undeveloped parcel that is 1.972 acres according to a 2014 survey. Southold Town Board Meeting January 17, 2017 page 31 The property has been offered for sale to the Town of Southold as open space vacant land. The purchase price is $30,000.00 (thirty thousand dollars). The property will be acquired using Community Preservation Funds. The landowner may claim a Bargain Sale. The property is listed on the Community Preservation Project Plan List of Eligible Parcels under the categories lettered A) establishment of parks, nature preserves, or recreation areas; D) preservation of fresh and saltwater marshes or other wetlands; and F)preservation of undeveloped beach lands or shoreline including those at significant risk of coastal flooding due to projected sea level rise and future storms. The Town is acquiring the property for open space purposes including passive recreation, access to Lily Pond, and wetland protection. As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have reviewed the acquisition and have determined that sanitary flow credits will not be transferred from this property. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold,New York, and may be examined by any interested person during business hours. I have here an affidavit that this was posted on the Town Clerk's bulletin board, it has also appeared in the Suffolk Times and I have a memorandum from the LWRP coordinator telling us that it is consistent with the policies and standards and therefore is consistent with the LWRP. I think that is it. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular local law? Melissa? MELISSA SPIRO: Hi, Melissa Spiro, Land Preservation Coordinator. As noted, this is a small parcel proposed to be acquired by the town in its entirety for open space purposes with Community Preservation funds. The property is across the street from the town beach known as McCabes beach and fronts on and includes part of a very small pond area known as Lily Pond. The property is just under two acres and it includes about an acre of wetland including part of Lily Pond. I have not reviewed the entire history pertaining to the creation of this property or the properties around it but as you can see on the map if you look closely, the tax map lines, you can see that the properties surrounding Lily Pond, each own a section of the pond. The landowner approached the town in,regard to preservation prior to applying for permits to build on the property. Due to the significant amount of wetland and the size and shape of the upland part of the property, it's assumed that building on the property would definitely be difficult. And the purchase price, which is also supported by an appraisal, reflects the buildability of the property. The town acquisition insures that the property and the wetland area will be protected from development impacts and will remain for passive open space purposes in perpetuity. The Southold Town Board Meeting January 17, 2017 page 32 acquisition has been reviewed by the Land Preservation Committee and the Committee recommends that the Town Board proceeds with acquiring the property. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? PEGGY MURPHY: Peggy Murphy and a late, belated Happy New Year to all of you. In the late 1930's, my dad aided by his brothers and a couple of good friends began building a small enclave of summer cottages across from Lily Pond. As kids my siblings and myself enjoyed playing on both the pond and the land around it. We even saw cottages swept away into the pond by storms. As an adult, I saw the land around the pond become overgrown to the point where you could no longer even see the pond. This once charming vista lost and the pond no longer accessible. So much for a bit of history about Lily Pond. I wanted to say how pleased I am the Town is looking to acquire and preserve the land on the north side of Lily Pond. I will look forward to the return of the vista of the pond from McCabe's beach. Thank you. SUPERVISOR RUSSELL: Thank you. John? JOHN BETSCH: Good evening, John Betsch from Southold. I just would like some clarifications, paragraph 5 of the resolution talks about the property for open space purposes including passive recreation and access to Lily Pond. I have been given multiple definitions of what passive recreation means. I would like a clarification of that and I am not sure why this piece of property, it talks about the town acquiring it for access to Lily Pond. Lily Pond is a privately owned pond of which there are seven property owners around that of which this property owns a pie piece of the water. I am not sure why,just a clarification, I am not sure why you would want access to Lily Pond. It really affects the other people and passive recreation has also been defined to me as doing nothing, putting trails in, putting bird watching stations, I am just not, I would like a clarification of that. My other question is, with this piece of property, it's a strip along Horton's and North Sea Drive, if the town acquires it, does the town also accept responsibility for maintaining it? Because right now, that piece of property, maybe because it is winter, it's an undeveloped piece of property but it is covered with debris. And if the town acquires it, are they also, is that part of the (inaudible), that they accept responsibility for maintaining it? So, several questions. SUPERVISOR RUSSELL: First, the last first, yes if the town acquires it then we would be responsible for the maintenance and the stewardship of the parcel, which obviously would include debris cleanup. Regarding passive recreation, I defer to Melissa but I know it to understand that we can create trails, birdhouses, obviously stewardship with regard to removal of invasive species, I don't know if it would include kayaking. But I will be candid, I didn't know Lily Pond, the underwater land there was private. If the underwater there was private, I certainly reconsider or certainly I wouldn't support it until I understood more. My understanding was it was just private property bordered it but the underwater land there wasn't deeded. MR. BETSCH: I am not against this, I am just looking for clarification. I am not sure if you can see it on that map but this is the property here,they own that, all these other people own the other pieces. Southold Town Board Meeting January 17, 2017 page 33 SUPERVISOR RUSSELL: Okay. MR. BETSCH: So it is owned by multiple owners. SUPERVISOR RUSSELL: I see what you are saying. MR. BETSCH: So I am really just looking for clarification. SUPERVISOR RUSSELL: Sure. MR. BETSCH: From a civic association point of view, I will be asked the question. SUPERVISOR RUSSELL: Understood. Just from this map, there's a pretty substantial portion that's not, or that's included in the parcel we are acquiring. So yes, there are portions over here that are privately owned but there is a pretty substantial portion that's not. Where the line, when people go out in kayaks and where the line starts and stops, yes, that's always a point of contention. MR. BETSCH: It could be a potential issue for the town in the future. I don't think anyone would want to go in there and kayak to tell you the truth, it's slowly closing up with phragmites which we have been asked to help try to resolve but it's slowly closing up but if they did, where do they end on town property and where do they go into liability issues. SUPERVISOR RUSSELL: Yes, it's a good point. MR. BETSCH: Just a question. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? (No response) RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Ruland, Doherty, Ghosio, Evans, Russell ABSENT: James Dinizio Jr 2. Set PH 1/17/17 7:31 PM Chapter 100 -Dumpsters 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 20th day of December, 2016, a Local Law entitled "A Local Law in relation to Amendments to Chapter 100, Buildings, Unsafe; Property Maintenance, in connection with Dumpsters." 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 17th day of January, 2017 at 7:31 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 100 Southold Town Board Meeting January 17, 2017 page 34 Buildings,Unsafe; Property Maintenance, in connection with Dumpsters" reads as follows: LOCAL LAW NO. 2017 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 100,Buildings, Unsafe; Property Maintenance, in connection with Dumpsters". BE IT ENACTED by the Town Board of the Town of Southold as follows: § 100-3. Definitions. DUMPSTER-A litter storage and collection container of one cubic yard or greater in capacity,, which is mechanically emptied or removed. § 100-4 Standards. A. Property maintenance. (1) Surface and subsurface water shall be adequately drained to protect buildings and structures, to prevent damage to adjacent property and to prevent the development of stagnant ponds. Swimming pools, spas, hot tubs and other similar structures erected for recreational use shall be maintained so as to avoid the stagnation of the water therein. (2) Landscaping shall be adequately maintained so that lawns, hedges, bushes, weeds and trees do not become overgrown and unsightly so as to constitute an unsafe condition or blight. At no time shall landscaping, hedges, bushes, weeds or trees create an impediment to emergency and/or fire rescue vehicle access. (3) Garbage, crates,rubbish, refuse or debris shall be kept inside a building or buildings on the premises, or in an acceptable enclosed container, and shall be regularly collected and removed from the premises. (4) Open wells, cesspools or cisterns shall be securely closed or barricaded to prevent access by the public. (5) Junked or unregistered vehicles may not be located or stored in open view but shall be stored in a suitable location inside a building or behind a fence outside of public view. (6) Exterior facades shall at all times be kept free of graffiti or other defacement. B. Dumpsters (1) No dumpster shall be permitted in the front_yard or side yard of a property used for a residential use for more than thirty (30) days, unless the property benefits from an open and valid building permit. If the property benefits from an open and valid building permit, said dumpster may remain in the front yard or side .yard until either the building permit expires, or a certificate of occupancy and/or compliance is issued for the work described in the permit, whichever occurs first. Thereafter, the dumpster must be removed. Dumpsters shall be permitted in the rearary d of properties engagedin a residential use, provided they meet the following criteria: Southold Town Board Meeting January 17, 2017 page 35 a) The dumpsters shall comply with all setbacks for accessory structures for the zoning district in which the property is located. b) All dumpsters shall be fully enclosed by a stockade fence, or other similar enclosure of not more than six feet in height. C) A dumpster in a residential district shall have a cover which shall cover the dumpster when it is not in active use. (3) Dumpsters shall be promptly removed or emptied when they are full. (4) It shall be unlawful for any person to store, deposit, place, maintain or cause or permit to be stored, deposited, placed or maintained any dumpster upon any portion of any street, lane, sidewalk, roadway or highway located within the corporate limits of the Town. (5) Exceptions. a) Properties used for bonafide agricultural production shall not be subject to this provision. b) Condominium complexes, apartment complexes and other residential uses subject to site plan approval shall not be subject to the provisions of this section. 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. I do have a signed affidavit that this has been advertised by the Town Clerk as well as a copy of the ad from the Suffolk Times. That's it. SUPERVISOR RUSSELL: Okay, I am going to ask anybody that would like to address the Town Board to please feel free? LAWRENCE BLESSINGER, JR.: Lawrence Blessinger, Jr., Mattituck. I just have a few questions here. In regards to this, if I can't have a dumpster on my property, what exactly am I supposed to do? SUPERVISOR RUSSELL: To handle your refuse? MR. BLESSINGER: Yes. SUPERVISOR RUSSELL: That would have to be a decision you would need to make. Most people rely on totes or private pickup. I can't solve that problem on what you want to do with your own refuse. Southold Town Board Meeting January 17, 2017 page 36 MR. BLESSINGER: Okay. So if I can't have a dumpster on my property or shall I say a container for the right terminology, I would have to bring my garbage to the Main Road, shall we say and then have a private sanitation company pick it up, is that correct? SUPERVISOR RUSSELL: Or you can bring it yourself. MR. BLESSINGER: Okay. Don't we think that we are putting a big burden on the residents? Especially people's houses who are on the Mattituck Inlet and they would have quite a distance of walking their garbage up to the main road and then having a strenuous effort, especially on the older population, to lug their garbage all the way up when people have had containers on their property for years and never had to deal with this? SUPERVISOR RUSSELL: First, the idea of containers on properties, dumpsters on properties has been growing for years because people use it as an end run around the yellow bag law. Which people need to understand is a real misnomer. Residents are required to use yellow bags whether they have a dumpster on their property or not. They are required to recycle, they are required to set the recycling out in a container that needs to be picked up by a separate vehicle. Not the vehicle that picks up the refuse. One of the problems that we have is that we are getting a tremendous amount of complaints. We actually, if you look at the code, there are several aspects of the code that restricts what you can do in your front yard for a reason. We looked at this, we have been getting complaints for a couple of years, we looked at the merits of the complaints and we decided at the end of the day that dumpsters didn't belong in the front yard. MR. BLESSINGER: Okay. What about the residents who have say waterfront property on the inlet in Mattituck who have to go down a private road where they really don't have an access to put a dumpster in the backyard because the backyard would be the Mattituck inlet basically. SUPERVISOR RUSSELL: If the carting company can get their truck down now to pick up the dumpster, they can certainly get down to pick up refuse curbside that is in front of the house. MR. BLESSINGER: Okay. Okay, that's it for now. Thank you very much. SUPERVISOR RUSSELL: Please. What I need is for you to go to the microphone. DARREN AQUINO: Darren Aquino, Advocate for Disabled Americans. I have a concern for Mr. Blessinger, as an advocate for the disabled in the country, this has been a practice for decades. My concern is the disabled community. If they have been having this convenience, this demonstrates a burden to them. Being it's government, it now becomes a title Il violation against the person or the individual with the disability who has been practicing this for decades. So what would you do to remove that violation practice and allow them to continue what they have been doing for decades? Because that presents a problem for me and those that call me for assistance? That's a problem. because as you know, let's take an example, we have a veteran with no legs who served this country to protect all of us, who has the convenience to walk out his door and put it in that dumpster. We are going to now tell him he has to walk this distance? Can we do that? Under the law, under the Americans with Disabilities Act, under property rights, we Southold Town Board Meeting January 17, 2017 page 37 can't. So I am presenting this to you for your awareness and consideration of your residents. As this body of government is to protect and uphold their rights, it is important to me and to you, I am sure. We didn't all start out as elected officials. We are just private citizens wanting a better life and the promise, my concern for decades, I have been doing this for three decades, I don't get paid for this job. I do this because my family has served this country five generations that I know of, and it's a service I have been providing to all disabled Americans, so it's really important that this body of government knows that you will be placing a hindrance and that it goes to another level. We have to seek intervention by a higher court because that disability, that burden that's placed on that individual. Man or woman, it doesn't matter. The thing is in question is the warrant and the accommodation that title II presents and this body of government must consider that. So that's pretty much it. And if then there is any kind of other burden, such as a financial cost to a certain bag, that's also not allowed by title II to the person with the disability. So if I could help you in reconstructing that, I would. It's our duty to government of all of us. But I would have to say nay to this program that you want to present to the disabled community out here. I would have to oppose it. With the understanding of that limitation. SUPERVISOR RUSSELL: Can I just get a clarification. I can appreciate the struggle to get the refuse out but how is getting it out to say a 55 gallon tote more of an encumbrance of getting it out to a dumpster. It still has to leave the house and it still has to go into a container. MR. AQUINO: Right. But now you are... SUPERVISOR RUSSELL: You are talking about the size of the container. MR. AQUINO: But now you want them to walk a certain distance to go to the front of the property because the dumpster, if I am outside my door and my particular dumpster, when you do this, you have to look at the most reasonable accommodation for all of them, you know, the one that is most convenient for that individual because that would be the challenge. So if his dumpster is outside the door and you want him to walk say a block and a half further and he has got no legs, that's a problem. From his convenience to right here to now I have to pack it up and go there, and put it out to the side to appease the town, can't do that. Because why? Because the practice for decades has been this. Now you want me to change because you decided to do this and now you want to inconvenience me? It was John Doe who went and served his country, was normal, came back lost his limbs. We have got to be mindful of that. A lot of people are not mindful of the ADA. Why we have so many lawsuits instead of making accommodations, it's a lot easier to accommodate and facilitate the warranted need than take it to another level and then we got all kinds of people coming out, for class action lawsuits, and the only people that prosper there are the lawyers, you know? And that ain't right, so that's why I do what I do. To come out, to be the balance between the two and make you mindful of this problem, even if it's one individual. The town must acknowledge him. The government entity has a responsibility to uphold that right. This was argued and debated and I met with Justice Sotomayor and we had this great discussion of the ADA and it's important that we are mindful of that. even if it's one, because everybody is entitled to that accommodation because they didn't choose to be disabled, so I am asking this Board to reconsider that and be mindful of that or maybe present another Southold Town Board Meeting January 17, 2017 page 38 proposal that encompasses that and accommodates. That is something I would be ready to help with you and do. SUPERVISOR RUSSELL: Basically what your proposal would be to basically carve out an allowance for those circumstances. MR. AQUINO: Absolutely. You have to do that. SUPERVISOR RUSSELL: Okay. MR. AQUINO: It would be good government, being mindful of special needs. SUPERVISOR RUSSELL: Sure. The one other thing I did want to point out is the financial burden. People are required to put their garbage in yellow bags whether they are using a dumpster or not. That financial burden for that user fee has been in place since 1994. That's never been challenged by anybody. In fact, it's been upheld by the courts. But regarding the other issue, fair point. Fair point. MR. AQUINO: But let me ask you a question, are those bags coming from government. SUPERVISOR RUSSELL: Yes,they are user fee based. MR. AQUINO: That could be a conflict with the ADA with respect to charging a disabled individual to accomplish your goal, it's not supposed to pay the additional entitled fee. To provide that service, to buy this bag, if they are using the dumpster, canister whatever it wants to be the name, if they used another method, now they are being presented, well, you have got to buy this bag, that presents a problem because it deviates from their regular practice. I am saying that anything that deviates from what is the status quo, from what they have been doing for decades and if they have been doing it for decades, it would be argued in district court. I don't think it would even have to go to the supreme court because you changed it and the person limited is being also charged and also being hindered with the burdens of jockeying it all up there, so the problem that the court would see, as I would see and as you agree, the limitation. The main thing is the limitation of the individual and with regard to the notice, notices going out, I am preparing an argument now. The notice is public, it's not mindful of those that need to read in braille. So everyone wasn't notified. Just for the record. The blind individual has a right to have this notice and the public notices, and they do this with class action notices too and I just made an issue to the supreme court in a note. That's a problem because every individual is entitled to fair and equal treatment and proper title II, effective communication. Effectively, this wasn't communicated to members with certain disabilities that limited them and didn't give them the opportunity to be here. That's why I am here but still, they are entitled to have their independent. So that's also something, Mr. Supervisor, you would like to know in (inaudible) SUPERVISOR RUSSELL: Sure. MR. AQUINO: Somebody visually impaired has a right to know. Southold Town Board Meeting January 17, 2017 page 39 SUPERVISOR RUSSELL: Sure. That's a fair point. Getting back to the earlier point with regard, the bags,the money we collect for the bags is directly used for the carting the garbage out of town. It's a user fee, it's not a revenue generator. MR. AQUINO: Is it a new fee? SUPERVISOR RUSSELL: No, it's been in place since 1994. It's not new and if people haven't been paying it and all of a sudden they are required to, know that they have been required to for over two decades and they haven't been complying with the code and to my knowledge, no law carves out exceptions and allows someone to not have to pay part of the operation of government unless they are getting a real property tax exemption from New York State. MR. AQUINO: Parts of title II does talk about any imposition of fees I think, to an individual that changes, there you are... SUPERVISOR RUSSELL: Okay. MR. AQUINO: (Inaudible) statutes of law of the ADA,part 35 and 36 and that was 1998. SUPERVISOR RUSSELL: New fees. That's new fees, right? MR. AQUINO: New fees. But again, we go back to notification. If they weren't notified and the town wasn't aware because I know, government gets caught up with notification (inaudible) and the ADA says you can't ask (inaudible) There's a duty of this body of government to communicate effectively and that's the body of government where sometimes an advocate like me comes in handy and you say, excuse me Mr. Aquino, we need an idea and I am available to you for that idea. That's why I gave you that card. Okay? SUPERVISOR RUSSELL: Very good. Thank you. COUNCILWOMAN DOHERTY: Scott, do you want to explain why we have yellow bags because it was the DEC? SUPERVISOR RUSSELL: Well, that's an issue. The gentleman said that that's a subject to challenge too. The yellow bags were adopted by the Town and submitted to the NYS DEC which required town's to put a solid waste management plan in place. Southold opted for the pay as you go program. But you have raised some very good points and certainly worth considering. Thank you. MR. AQUINO: Thank you, Mr. Supervisor. SUPERVISOR RUSSELL: Who else would like to address the Town Board? CHRIS KELLY: Good evening, Supervisor Russell and Town Board. My name is Chris Kelly and I am a Mattituck resident. I took, I guess I just want a little bit of clarification regarding the Southold Town Board Meeting January 17, 2017 page 40 dumpster law because I've had a one yard dumpster in my backyard for the last 15 years. And I note that you talk about setbacks now, what kind of setbacks am I looking at? SUPERVISOR RUSSELL: Bill, can I defer to you? TOWN ATTORNEY DUFFY: It is set by zoning district, so you are probably looking at like 10 feet off the side yard... MR. KELLY: Ten feet of the side of what? TOWN ATTORNEY DUFFY: From the side of the yard and a certain percentage off the back of the property, I don't know.... MR. KELLY: Do I have to now submit a site plan or something like this? SUPERVISOR RUSSELL: No, nothing. You would only be required, basically it would be like an out building, we don't require a permit, we just assume that you are going to comply with the code because there are setback issues for out buildings as well. There would be some screening requirements and it depends on the zoning district you are in. But largely it would probably be 10 feet off your neighbor's property. MR. KELLY: Ten feet, give or take. Now what, I see it requires a stockade fence all around? SUPERVISOR RUSSELL: That would be up to the owner, it just requires screening. MR. KELLY: I am the owner. SUPERVISOR RUSSELL: No, I am sorry, then yes, it would be up to you. it does not have to be stockade, that's something that, it just requires adequate screening and that would be your choice on how you do that. MR. KELLY: Adequate screening from who? There are no neighbors that can see this. SUPERVISOR RUSSELL: That's,the (inaudible)that adjoin yours and Bill, I will let you speak to that again. MR. KELLY: Inaudible, you have got a stockade, you have got to go all the way around the blessed dumpster, it seems obscene to me at this point. TOWN ATTORNEY DUFFY: It's just the code is going to require stockade fence or similar screening which could be evergreens or... MR. KELLY: So you would accept that I have got 15 foot Leyland cypress that go literally to the closest and then I have got quite a hedge line there too. There is no public view of the dumpster, period. And for the record, I do have a dump permit and other assorted things with Southold Town Board Meeting January 17, 2017 page 41 that, so the Town is definitely getting my money. I just, I needed clarification on that because I wanted to make sure the carting company is comfortable saying guess what, yeah, this is in his backyard, they know that. SUPERVISOR RUSSELL: I assume your property line is screened with cypress? That's, you know what, bring the details in to me but I will tell you that the Town Board wouldn't be taking action tonight on the local law because we wait, we take the public input, we evaluate that in the context in the law and then we take action in two weeks whether to vote up or down. MR. KELLY: I will send the Board a follow up email with my address and all of that. Because I want to be in compliance but I don't want it to be a headache, either. Thank you. SUPERVISOR RUSSELL: Understood. Thank you. Who else would like to address the Town Board? MR. AQUINO: I wanted to say one final thing. One thing finally, just so you are clear, as information for the Board. The TTD for the mute and the visually impaired notification is very important which falls under title II effective communication. Those members were not notified of this meeting and that's a big deal. And a voice that you don't get to hear that excluded them from the fundamental right of this practice. So just in the future,just so you know, this is what prevents problems and class actions. So I always come out to be the mediator or the go-between to help government be a better government and people be more aware and more participate which makes good government and a happy community. Thank you. SUPERVISOR RUSSELL: Sure. Thank you very much. Scott, do you want to go? SCOTT SCHELIN: Good evening, Scott Schelin,North Fork Sanitation. A lot of the answers I have received here but I have a few more questions. First I want to say, I have been in business 54 years, most of our employees live in town, they contribute to the local economy. They put time into local community service. What you had said about complaints that you received about the dumpsters and I wanted to talk a little about the complaints because I know this has a lot to do with writing in the code and getting rid of the commercial dumpsters on properties. I was wondering if a lot of these complaints are dealing with aesthetics or code or both. We talk about aesthetics, you know somebody might not like the paint on somebody's house, they might not like something parked in their driveway. I can tell you on a personal note of aesthetics, I live in a neighborhood down the road, there's a person in my neighborhood, it's a seasonal residence, they are just out in the summer. They have a boat on a boat trailer with flat tires, it's got a blue tarp over it that's 3/4 of the way ripped off, blowing in the breeze. And the boat hasn't moved in two years. Basically what I want to say is,personally, I think that this is more of an eyesore than a dumpster sitting there. It's not behind a fence, it's bordering the neighbor's property and I wanted to really feel out a little bit on what these complaints are about. We hear about the complaints and I am sure they do exist. I know a lot of people have the time and complain. It's just like anything else, if someone has six or seven cars parked and they have some parked out in the street, I am sure you get some complaints about that, they don't park in the driveway, the snowplows come through, everybody suffers. In my neighborhood there's a scenario where Southold Town Board Meeting January 17, 2017 page 42 there's seven vehicles and only three can park in the driveway. Three of them were parking on the grass. You know what it looks like after a muddy day. I mean, it looks a lot worse than a 5x4x3 dumpster. I know it is going to be difficult for us and John and anybody else in town to deal with anything that might be in the backyard, that might be behind a fence so I was wondering if there was anything that we can work with? You know, is it going to be on site complaint, like if it sits there and nobody complains and the neighbors are good with it or is it going to be definitive, it's going to have to be fenced in, arborvitae around it or somewhere not seen in a garage or somewhere else along that line? I know we are not going to get away with all the dumpsters, you know, we do have a lot of commercial businesses and for people to survive out here, it's tough. I mean, I can't park 13 garbage trucks and 300 dumpsters on my property. We own six acres, however, there's a lot of self-employed people around here that work the trade. They might have one service vehicle, two service vehicles for them to get growing as they grow. They might at some point be able to buy a piece of property or you know, pay that $2,000 in rent however, at this time they have a dumpster at their yard. They unload their truck. They use their garage for any sort of storage for their business. You know, they get supplies in since they don't have a shop. They get the cardboard in, they get the plastic, the stuff off of it, they take it out and put it in the container. So I don't think we are going to see any which way of the dumpsters totally being gotten rid of. I know on another case, I wondering if this was going to be in effect for the Village of Greenport? SUPERVISOR RUSSELL: I don't believe we have zoning jurisdiction over the Village of Greenport. We don't control their zoning. MR. SCHELIN: Okay. SUPERVISOR RUSSELL: Can I just, I don't want to interrupt. MR. SCHELIN: No, it's okay. SUPERVISOR RUSSELL: First, I would agree with you on that boat down the block. Good example. That boat is not permitted by code, so we do address those issues, aesthetic or otherwise. There are lots of boats out there, we can't see every one of them but one phone call to the code enforcement officer would eliminate that problem. Regarding commercial, you are talking about the houses where people operate like tradesmen out of their own home? MR. SCHELIN: Absolutely. SUPERVISOR RUSSELL: Okay, because I was going to say as you know, the commercial operations, businesses, aren't affected by this. One of the problems with that law and I actually thought about it and struggled with this because of that but if you read the home occupation law that was passed I believe in the early 90's, one of the common themes is to make sure that it eliminated any outward appearance of being a business. There are a lot of requirements in the code, some are complied with, some aren't but they are all hard-working people. But the whole purpose of that code was to say it needs to look like a house. So if we are going to create a code Southold Town Board Meeting January 17, 2017 page 43 that says no dumpsters in residential properties, unfortunately, they would have to comply at the very least to meet the spirit of that earlier code. MR. SCHELIN: And my last question, I was wondering you know, who would be responsible for enforcement and what actions are going to be taken if a violation occurs? Are we going to get a letter? How are we going to be notified? Are we going to be immediately fined? Are you going to work with us to say you know, we are going to go off a homeowner that says he's going to put a fence up, he's not going to maybe get a fence up in a week. You know, it doesn't come UP. SUPERVISOR RUSSELL: No. First, the way the town code works, we seek compliance. We'll send letters, we will give him a phone call. We will remind him what the code is. we are not going to be assertive going out there, measuring fences and all those things. Usually when we pass code, people always talk about how are you going to enforce it. Well, you know, there's a bit of a cynical view because we get substantial compliance from most of the public when we adopt code. MR. SCHELIN: Okay and I just wanted to end and say, as a business owner in the last year, it's been difficult to navigate I want to call it the gray area of town code, of what we are dealing with. I just hope whatever the outcome is tonight of this hearing, there's better clarification than in the past and it works for everybody. Thank you. SUPERVISOR RUSSELL: Thank you, Scott. Who else would like to address the Town Board? Anybody? John? JOHN DIVELLO: John DiVello, Peconic Recycling and Mattituck Environmental. You did good work on the changes you made to the code. To go with what the gentleman said over there before, a majority of the customers that we do have that have containers are people with disabilities and houses that house the handicapped and something needs to be put in there for that. Because I mean, almost 50% of them, especially in Greenport, deal with that. The other thing is, #3, dumpsters shall be promptly removed or emptied when they are full. It shouldn't read that, it shouldn't be empty when full. You don't want the containers sitting there with garbage in them for two months, they should be emptied in a time frame. They should be emptied every week. Because I am sure a lot of the complaints you get are because people put their garbage in a container and it sits there. So that will solve a lot of the issues with that. And to go with what Scott said, a lot of the,people that have containers, there's always a reason for it. you know, they are working, they have a business, he's a plumber, he's an electrician, he needs to throw out big pieces of stuff that just don't work for the yellow bag. So dumpsters are convenient, they are a way around it. So I think the code needs a little more work. Thanks. SUPERVISOR RUSSELL: The one thing I do want to say is some people are looking at this and they are using it as a referendum or discussion on yellow bags. I get it, yellow bags are awful. You know I have talked to you for years about coming up with a suitable replacement. But I think we should not confuse the issues, this is about replacing dumpsters in front of yards or Southold Town Board Meeting January 17, 2017 page 44 residential homes. The merit or the continued merit of the yellow bags, fair discussion but it really should be a separate discussion. UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: I don't think there is a provision and I think grandfathering is bad policy. It really is. And we generally don't when we adopt code, we don't grandfather. If we start here... UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: Like I said, we won't take action tonight. We will close the hearing and then we will wait two weeks to consider the comments. COUNCILMAN GHOSIO: I have a question for you. Can you give me an idea of how many dumpsters are used in residential applications? Any idea? UNIDENTIFIED: Probably about 80. COUNCILMAN GHOSIO: Town wide that is? UNIDENTIFIED: From Mattituck all the way to East Marion. COUNCILMAN GHOSIO: And does that include Schelin as well? UNIDENTIFIED: Probably close. SUPERVISOR RUSSELL: About 80 and 80 or...? UNIDENTIFIED: That includes a lot of mixed uses, that includes people that have farms and people who have commercial, mixed residential. It's a day's worth of work. You take a days worth of work off a truck, you know, it's a big deal. Two guys have got to sit home. COUNCILMAN GHOSIO: I did want to address some of your comments, I don't think, your comments certainly resonate, at least with me, because I worked with the disabled for several years. In fact, it was in the 80's at a time when we were just developing the ADA and was part of, I was one of the advocates for that, so I understand where you are coming from, in fact, you weren't here when we had a hearing for this, I did bring up the fact that I personally felt that one of the exemptions for me would be for any of the group homes that we have here in town. Of course, understanding what it is to running a group home and the importance of a dumpster in those applications, so I just wanted you to know that. MR. AQUINO: You do look familiar, (inaudible). It's an important issue. Accommodation wise. Southold Town Board Meeting January 17, 2017 page 45 SUPERVISOR RUSSELL: If no one else is going to comment, then we will close this hearing. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Robert Ghosio AYES: Ruland, Doherty, Ghosio, Evans, Russell ABSENT: James Dinizio Jr 3. Set PH 1/17/17 7:32 PM Chapter 280 - Demolition History: 01/17/17 Town Board ADJOURNED Next: 02/14/17 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 20th day of December, 2016, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Demolition" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 171h day of January 2017, at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Demolition" reads as follows: LOCAL LAW NO. 2017 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Demolition". BE IT ENACTED by the Town Board of the Town of Southold as follows: § 280-4 Definitions. DEMOLITION _Any removal of a structure or portion thereof, where the total cost of the reconstruction of the structure or portion thereof exceeds 7-5--50% of the total footagemarket value of the existing structure before the start of removal. 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. Southold Town Board Meeting January 17, 2017 page 46 I do have an affidavit signed that this has been posted by the Town Clerk, I also have a copy of the legal notice from the Suffolk Times. I have a letter here from Suffolk county Department of Economic Development and Planning, that this would be a decision of local determination and should not be construed as either an approval or disapproval. I do have a letter from Mr. Robert Dunn,would you like me to read this into the record? SUPERVISOR RUSSELL: Sure. COUNCILMAN GHOSIO: It is an email from Robert Dunn, It is addressed to Scott and the Board. `Happy New Year to all. Subsequent to the last board meeting, there was something that kept drawing me back to item 2016-1137. Perhaps you could confirm or clarify my thoughts on it. It would seem the intent here is to preempt the overbuilding that has gone on in some of the towns neighborhoods. We all know there are some who would buy smaller homes in the town, only to turn them into McMansions once they are in, in effect changing the complexion of the area. By defining things by costs and lowering the percentile, it gives the town additional tools to address that problem. This is all well and good and I'm sure you would find support for it throughout the town. But, you don't want to throw out the baby with the bath water. There are several hundred-perhaps a thousand or more, homes in this town that could be negatively impacted or destroyed with no remedy by this new definition. I am sure this would not be the intent of this Board. In the shore-fronts and many of the former bungalow communities, there are homes that are currently legal non-conforming uses that could not be rebuilt under the threshold of this new definition. One only need to think the term `Sandy', rising seas and climate change (not to forget fire) and what it means to us, to understand this. Additionally, you all have made much effort for affordable housing, this would not help it, as many of the homes most affected by this fall in that category. The possible loss of current market value due to the hardship/cost of this new definition is something to be considered. Losing a kitchen and or a bath along with a roof alone, in a smaller home could easily reach 50% of its market value. As a result, current setback rules, Trustee, County BOH, septic and well regulations along with FEMA flood plain standards, all could prevent many from rebuilding, under this definition after a catastrophic event. The additional funds required to gather and prove the information along with appeals, could be a financial hardship for many in what would be hard times. There could be a logjam of pending actions before the Trustees and the ZBA which all would cost time and additional money for the applicants. Again, I want to support what I assume is the objective of this change in maintaining the nature of our town but there must be an exception for those wanting to rebuild `as is' after catastrophic damage, that they may be able to remain a part of our town. In closing, I hope this gets to you before tomorrow's work session that you may be able to discuss this with the Board and remedy it before the 17th, etc.' Robert Dunn, Peconic. I do have a follow-up email from January 12th that is also from Robert Dunn. `Tonight you will hold a hearing on redefining the meaning of Demolition as it applies in the town code Chapter 280- Zoning. I take issue with both the change being made and the amount of daylight shown towards the depth of redefinition and its potential effect on homeowners covered by it. Regarding the daylight issue, this is much more than a simple definition change, it could have profound effect on those in our community facing catastrophic events, think the term `Sandy', and should be presented with a wider clarity that the public might understand its consequence. After forty years in the building industry, with much work with code compliance, I had to return to this several Southold Town Board Meeting January 17, 2017 page 47 times before I understood its full meaning, I do now. While I'm aware this went through Code Committee and fully acknowledge nobody is attempting to pass anything untoward, up to now the subject has only been discussed by people with specific issues, other than my concerns. It is now, in this fully public forum, a wider explanation should be offered for understanding. As to the issues I might have with the substance of the change, quite simply this new definition could leave some, maybe hundreds or more with an inability to return their lives to normal after a catastrophic event, or act of God. Current codes in place, would prevent some homes from being rebuilt where they stand and others with no place for wells, septic or basements. They could seek relief through ZBA but that is no guarantee and cumbersome, expensive and time consuming to get. Homes that could not be rebuilt after such an event could in fact, leave some with mortgage responsibilities for homes they are unable to live in. The town could find itself with lower tax receivables, with consequences for others, who would have to make up these lost taxes. And it could also have impact on insurance rates for high risk and legal non-compliant homes along with making mortgages harder to find for the same. All this at a time when home values are finally returning to pre-recession levels. Now I want to be sure to make you all understand that I do see the bright side to this new definition, there are those who would purchase smaller homes conforming or not, who given the chance, would build or over-build in established neighborhoods with negative impact. This has been going on and we should do what we can to stop it, this new definition would be a tool to do that. In closing, I hope that you would give time so that I and others may be able to digest and further discuss the matter with you. Let's at least give it the attention spent on dogs on the beach.' Robert Dunn, Peconic. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this? COUNCILMAN GHOSIO: I have one more letter, okay, `Dear Mr. Russell and Ms. Neville: It has come to our attention that at the 1/17/17 public hearing that there is a proposal to amend the 280 Zoning in connection with demolition. The proposal is to change the existing law of 75% to 50% threshold that would trigger FEMA Flood Zone Regulations. We think that regulations of rebuilding should exempt those who want to rebuild the existing home without the undue burden of federal mandates. In other words, we believe we should have a right to rebuild the property as currently build including existing location (footprint) and features that have been acceptable for years. To do otherwise would place an unacceptable burden and expense on those who are in crisis if a catastrophe took place. Many people ascertain their situation and often select to change rebuilding at the time, however, to make it a law forces people to make changes that may not be necessary or appropriate. To have to appeal to get an exemption only puts more stress on people who are already in financial and emotional turmoil. We would like for this new proposal to be dismissed. As a homeowner for the last thirty years, I would like to thank you for your time, please present this letter at the hearing. Robert and Abbie Bernard, Mill Lane, Peconic. SUPERVISOR RUSSELL: Is that it? COUNCILMAN GHOSIO: I believe that is it. SUPERVISOR RUSSELL: There are a lot of misunderstandings with this law and I will explain it in a minute. In the meantime, I am going to ask anybody that would like to address the Town Southold Town Board Meeting January 17, 2017 page 48 Board on this to please feel free? (No response) Let me just clarify this law and the one thing we recognize is that many people found out about this late, so we are not going to close the hearing tonight, we are going to keep it open for two more weeks to give people time to digest it. It gives us time to clarify some of the stuff that I think people misunderstand, so they can submit that to us so that they know that they have been heard. There are a couple of issues to this, first, the issues that Robert Dunn raises in that this would raise FEMA review. That's not true. FEMA has its own standard that currently requires that construction or demolition be on 51 percent, need to comply with FEMA standards. The town doesn't determine whether FEMA reviews, FEMA does. And what we are doing with this code is matching what FEMA already requires. When we required 76 percent, the improvements were still looked at by the building inspector to see about FEMA compliance. Again, 51 percent is their rule. They don't care what we define demolition as. It would have no impact on Trustee review. There wouldn't be a delay. That activity, whether it's a minor improvement or a major one, still requires Trustee review. They would still use the same criteria for reviewing it and trying to mitigate impacts. It would have in most instances no impact on ZBA. ZBA review, there was a decision some years ago called the Walsh decision. It largely looked at pre-existing, non-conforming structures and viewed most changes to those structures as in need of relief through ZBA. There are rare occasions where they might need to go for this but in most instances they need to go anyway and the, let me see what else, oh, catastrophic loss. I understand that but catastrophic loss, there's no provision in the current code for any catastrophic loss, whether it's the result of Sandy or a fire, it's considered new construction, a new structure. Maybe that should be something that should be addressed by the code, it currently isn't, maybe it should be but that would be a separate discussion and opens up a whole other avenue of consideration beyond this. Also, let me see, you have got the ZBA in most cases, you have the Trustees, I am trying to cover all of this stuff, FEMA review catastrophic loss, the other thing is setbacks and I know Mr. Dunn had said well, if you are going to count it as demolition, you have to comply with current setbacks, actually, the town code provides what is called an alternative bulk schedule, that creates separate requirements and much more permissive or lenient requirements on any new construction on a pre-existing, non-conforming lot. The setbacks are much less stringent than what current code would require on other lots. Lastly, it would have no impact on affordable housing. All affordable housing as a matter of code is compliant with the code not pre-existing, non- conforming. Now that I have said everything, does anyone else want to address the Town Board? (No response) RESULT: ADJOURNED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ruland, Doherty, Ghosio, Evans, Russell ABSENT: James Dinizio Jr Closing Comments Supervisor Russell SUPERVISOR RUSSELL: Would anybody like to address the Town Board on any matter? (No response) Southold Town Board Meeting January 17, 2017 page 49 Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:45 P.M. Elieth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Ruland, Doherty, Ghosio, Evans, Russell ABSENT: James Dinizio Jr