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Home My WebLink AboutTB-01/16/2018 ELIZABETH A. NEVILLETown Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER y�Yo! �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 16, 2018 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, January 16, 2018 at the Meeting Hall, Southold,NY. Call to Order 7:30 PM Meeting called to order on January 16, 2018 at Meeting Hall, 53095 Route 25, Southold,NY. Attendee Name _ _ Organization Title Status Arrived James Dinizio Jr Town of Southold Councilman Present William P. Ruland Town of Southold CouncilmanPresent Jill Doherty Town of Southold Councilwoman Absent Robert Ghosio Town of Southold Councilman Present _._. -Louisa P. Evans Town of Southold Justice Present Scott A. Russell Town of Southold Supervisor Present _......_._. ._._....___.._..._____._.._.._. ._.._._.___.__.____.�_._.._._._..._..._._.._._..._._... .... .._. _Elizabeth A. Neville Town of Southold Town ClerkPresent William M Duffy Town of Southold Town Attorney Present I. Reports 1. Trustees Monthly Report 2. Justice Court Reports 3. Planning Board Monthly Report 4. Town Clerk Reports 5. Recreation Department Monthly Report 6. Zoning Board of Appeals Monthly Report II. Public Notices 1. NYS Liquor License Renewals Southold Town Board Regular Meeting January 16, 2018 page 2 III. Communications IV. Discussion 1. 9:00 AM - Kristie Hansen-Hightower, Lloyd Reisenberg 2. 9:15 AM -Jeff Standish and Lloyd Reisenberg 3. 9:30 Am - Chief Flatley 4. 9:45 Am - Michael Domino and John Bredemeyer 5. 10:00 Am - Mark Terry 6. 10:15 Am - Louise Harrison 7. 10:30 Am - Michael Collins and Jamie Richter 8. 10:45 Am - Councilman Dinizio 9. Amendment to Chapter 275- Moving the Administration of Coastal Contractor's License from Town Clerk's Office to Trustee's Office 10. Amendments to Chapter 205- Special Events 11. Fishers Island Utility Company, Inc.—Request for Change of Zoning District Designation 12. Authorize Town Clerk to Advertise for P/T Clerk Typist in the Zoning Board of Appeal Office 13. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 12:03PM for the purpose of discussing the following matters: Acquisition of Property, Publicity of Which Could Substantially Affect the Value Thereof Labor- Matters Involving the Employment of a Particular Person(S) -Water Conservation Committee -Town Attorney's Office -12:00 Melissa Spiro Lease of Real Property, Publicity of Which Could Substantially Affect the Price Thereof Litigation: -Town of Southold v. EPA - Grimes v. Trustees (Federal) & Town of Southold v. Grimes (Justice Court) Southold Town Board_ Regular Meeting January 16, 2018 page 3 RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Ghosio, Evans, Russell ABSENT: Jill Doherty 14. EXECUTIVE SESSION - Acquisition of Property, Publicity of Which Could Substantially Affect the Value Thereof 15. EXECUTIVE SESSION -Labor- Matters Involving the Employment of a Particular Person(S) 16. EXECUTIVE SESSION - Lease of Real Property, Publicity of Which Could Substantially Affect the Price Thereof 17. EXECUTIVE SESSION - Litigation 18. Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 2:18 PM. RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Ghosio, Evans, Russell ABSENT: Jill Doherty 19. Motion To: Recess 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby Recess this 9:00 AM meeting of the Town Board at 2:18 PM until the Regular 7:30PM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER.:Robert Ghosio, Councilman AYES: Dinizio Jr, Ruland, Ghosio, Evans, Russell ABSENT: Jill Doherty Motion To: Reconvenes 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby reconvenes the 9:00 AM meeting of the Southold Town Board at this 7:30PM Regular Meeting of the Southold Town Board. Southold Town Board Regular Meeting January 16, 2018 page 4 RESULT: ADOPTED [UNANIMOUS] MOVER: Scott A. Russell, Supervisor SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Ghosio, Evans, Russell ABSENT: Jill Doherty Opening Comments Supervisor Scott A-Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance. Thank you. I would invite anybody that would like to comment on any of the agenda items to please feel free? (No response) V. Resolutions 2018-89 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 30, 2018 at Southold Town Hall, 53095 Main Road, Southold, New York at 4:30 P. M.. ✓Vote Record-Resolution RES-2018-89 Rl Adopted ❑ Adopted as Amended ❑ Defeated ____ ______—..___._.._.__. ❑ Tabled Yes/Aye No/Nay Abstain Absent _ ❑ Withdrawn James Dinizio Jr Voter p ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 10 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter ❑ 1i ❑ 21 ❑ Rescinded Robert Ghosio Seconder 21 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter p ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-90 CATEGORY. Audit DEPARTMENT. Town Clerk Approve Audit Southold Town Board Regular Meeting January 16, 2018 page 5 RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated January 16, 2018. ✓Vote Record-Resolution RES-2018-90 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 El ❑ ❑ ❑ ❑ 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 2018-91 CATEGORY. Budget Modification DEPARTMENT: Police Dept Police Department-Budget Modification Financial Impact:Donations:Lavender by the Bay&Daly RESOLVED that the Town Board of the Town of Southold hereby increases the 2018 General Fund Whole Town Budget as follows: Revenues: A.2705.40 Gifts & Donations $3,000 Total $3,000 Appropriations: A.3120.2.500.850 Police/Equipment/Traffic Cones/Barricades $2,000 A.3120.2.500.775 Police/Other Equipment/In Car Video $1,000 Total $3,000 ✓Vote Record-Resolution RES-2018-91 .... ............................... ........................................................................................................... 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended - James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Seconder D ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter ❑ ❑ ❑ D ❑ Withdrawn ❑ Supervisor's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter 0 ❑ ❑ ❑ 0 Town Clerk's Appt Southold Town Board Regular Meeting January 16, 2018 page 6 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-92 CATEGORY.• Employment-Town DEPARTMENT.• Accounting Accepts Resignation of Lucille Cappabianca RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Lucille Cappabianca from the position of Part Time Legal Secretary for the Zoning Board of Appeals effective February 1, 2018. ✓Vote Record-Resolution RES-2018-92 0 Adopted ❑ Adopted as Amended ❑ Defeated _- _____.. _.__�._.____ —__.,._._..____._.__._.__� Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter ❑ ❑ ❑ 0 ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder: 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-93 CATEGORY.• Employment-Town DEPARTMENT. Accounting Permission to Attend Civil Service Meeting RESOLVED that the Town Board of the Town of Southold hereby lZrants permission to Christine Foster, Secretarial Assistant-Accounting & Finance Department, to attend a Civil Service Meeting in Hauppauge, NY on January 23, 2018. Travel to be by Town vehicle. ✓Vote Record-Resolution RES-2018-93 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent James Dnuzio.lr Voter 0 ❑ ❑ ❑ 0 Defeated Southold Town Board Regular Meeting January 16, 2018 page 7 ❑ Tabled William P Ruland Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter ❑ ❑ ❑ O ❑ Supervisor's Appt Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-94 CATEGORY: Landfill Misc. DEPARTMENT: Solid Waste Management District Scrap Tire Tip Fee WHEREAS the Town has experienced an increase in the cost to dispose of waste scrap tires for 2018, it is hereby RESOLVED by the Town Board of the Town of Southold that the tip fee for scrap tires received at the Cutchogue Transfer Station shall be set at $0.03/lb. ✓Vote Record-Resolution RES-2018-94 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 Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder: 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-95 CATEGORY.• Attend Seminar DEPARTMENT.• Accounting Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to Kristie Hansen-Hightower to attend a webmar on January 18, 2018 on GAAP accounting updates and Southold Town Board Regular Meeting January 16, 2018 page 8 the annual NYS GFOA conference in Albany from March 21-23, 2018. All expenses for registration, lodging, meals and travel to be a legal charge to the 2018 budget (A1310.4.600.20, Meetings and Seminars and A.1310.4.600.300, Travel). ✓Vote Record-Resolution RES-2018-95 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder: 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter ❑ ❑ ❑ 0 ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-96 CATEGORY: Budget Modification DEPARTMENT. Accounting 2018 Budget Modification-Public Health (Town Clerk) Financial Impact: Fund budget line for annual cost of blood pressure machine RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 Highway Fund and Capital budgets as follows: From: A.1990.4.100.100 Unallocated Contingencies $300 Total $300 To: A.4010.4.400.700 Blood Pressure Machine $300 Total $300 ✓Vote Record-Resolution RES-2018-96 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended .lames Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter ❑ ❑ ❑ 0 ❑ Withdrawn ❑ Supervisor's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ El Tax Receiver's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ Scott A. Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded 0 Town Clerk's Appt Southold Town Board Regular Meeting January 16, 2018 page 9 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-97 CATEGORY.• Bid Acceptance DEPARTWENT.• Land Preservation Accept Bid-Execute Engagement Ltr of George Rehn 2017 CPF Audit RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of George R. Rehn, Certified Public Accountant, East Setauket, New York, in an amount not to exceed $4,000 for the preparation of an annual audit of the Community Preservation Funds for the year 2017 for purposes of determining whether the fund has been administered consistent with the provision of New York State Law § 64-e and Southold Town Code Chapter 17. Contract period shall be from date of award until completion of the 2017 Community Preservation Fund audit with an option for renewal, under the same terms and conditions, with concurrence of the Town and the contractor for two additional one-year periods in an amount not to exceed $4000 for the CPF audit years 2018 and 2019, all in accordance with the bid proposal; and, 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, 2017, in accordance with the bid proposal submitted to the Town, and subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-97 ............ .......................... ................................................................................................................ _.... RI Adopted Yes/Aye No/Nay Abstain absent ❑ Adopted as Amended ❑ Defeated James Dmizio Jr Voter 0 ❑ ❑ ❑ William P Ruland Voter O ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn Jill Doherty Voter ❑ ❑ ❑ p ❑ Supervisor's Appt Robert Ghosio Seconder: Rl ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter O ❑ ❑ ❑ ❑ Town Clerk's Appt Southold Town Board Regular Meeting January 16, 2018 page 10 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-98 CATEGORY.• Employment-FIFE) DEPARTMENT• Accounting Increase Salary of Shyanne Dickson 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, 2018 that increases the salary of Shyanne Dickson to $11.00 per hour with effect December 31, 2017. ✓Vote Record-Resolution RES-2018-98 0 Adopted ❑ Adopted as Amended ❑ Defeated --�- -----------.—.____._.._�.------*--------s---------- ----- - - - 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 Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-99 CATEGORY.• Employment-FIFD DEPARTMENT.• Accounting Increase Salary of Jonathan Haney 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, 2018 that increases the salary of Jonathan Haney to $72,100.00 per annum with effect February 13, 2018. ✓Vote Record-Resolution RES-2018-99 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dinizio Jr Mover 0 1 ❑ ❑ ❑ ❑ Defeated William P Ruland Seconder 0 ❑ ❑ ❑ 0 Tabled Jill Doherty Voter 0 0 0 0 Southold Town Board Regular Meeting January 16, 2018 page 11 ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Voter p ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-100 CATEGORY. Organizational DEPART!'fr7ENT.• Assessors Suffolk County Assessors Association RESOLVED that the Town Board of The Town of Southold hereby grants permission to Claire Glew to join and attend meetings of the Suffolk County Assessors Association. Dues of$25.00 to be a legal charge against the Assessors 2018 budget. ✓Vote Record-Resolution RES-2018-100 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 121 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter ❑ ❑ ❑ El ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 2 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-101 CATEGORY. Attend Seminar DEPARTMENT. Town Clerk Amend Resolution 2010-113 RESOLVED the Town Board of the Town of Southold hereby amends Resolution 2010-113 to read as follows: Southold Town Board Regular Meeting January 16, 2018 page 12 The following representations shall be approved to attend the Association of Town Meeting: 2 Town Justices Justice Court Director 3 Justice Court Clerks ✓Vote Record-Resolution RES-2018-101 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 2018-102 CATEGORY. Contracts,Lease&Agreements DEPARTMENT.• Town Attorney SC Dept of Economic Development RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the County of Suffolk Department of Economic Development and Planning and the Town of Southold, in connection with the Capital Project Contract in the amount of$60,180.00 for the term February 1, 2018 through January 31, 2020, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-102 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 Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder. 0 ❑ ❑ ❑ ❑ Supt I-Igwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting January 16, 2018 page 13 2018-103 CATEGORY. Budget Modification .DEPARTMENT: Accounting 2018 Budget Modification-IT/DPW Financial Impact.- Transfer amount of insurance deductible for cost of repairs RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $10,000 Total $10,000 To: A 1620.4.400.100 Buildings & Grounds, Building Maint/Repairs $5,000 A1680.4.100.300 Central Data Processing, Workstations/Printers $5,000 Total $10,000 ✓Vote Record-Resolution RES-2018-103 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ,,. ,.. ❑ Withdrawn James Dinizio'Jr Mover D ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder: 0 ❑ ❑ ❑ ❑ Tac Receiver's Appt Jill Doherty Voter ❑ ❑ ❑ 0 ❑ Rescinded Robert Ghosio Voter 0 ❑ El 11 ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action. ❑ Lost 2018-104 CATEGORY• Employment-Town DEPARTMENT: Town Clerk Authorize to Advertise for Part-Time Clerk-Typist in the Office of the Zoning Board of Appeals Southold Town Board Regular Meeting January 16, 2018 page 14 RESOLVED the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for a Part-Time Clerk-Typist in the office of the Zoning Board of Appeals. ✓Vote Record-Resolution RES-2018-104 R3 Adopted ❑ Adopted as Amended ❑ Defeated Y --__----_--.-_—._-- Yes/Aye No/I�'a Abstain Absent ❑ Tabled _ ❑ Withdrawn James Dinizio Jr Voter 17 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover D ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter ❑ ❑ ❑ RI ❑ Rescinded Robert Ghosio Voter RI ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder RI ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter R ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-105 CATEGORY.• Legal DEPARTMENT.• Town Attorney Retain John Burke, Esq. RESOLVED Town Board of the Town of Southold hereby appoints and authorizes the Town Attorney to retain John Burke, Esq. of the law firm Certilman Balin to act as Special Prosecutor in the Town Justice Court matter People of Town of Southold v. Charles W. Grimes (Case No. 17090066). ✓Vote Record-Resolution RES-2018-105 0 Adopted ❑ Adopted as Amended ❑ Defeated _.. ..__...._. .._.. _...._.. ............ Yes/Aye j No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter ❑� _ ❑ ❑� ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ Jill Doherty Voter ❑ ❑ ❑ ❑ Tax Receiver's Appt ❑ Rescinded Robert Ghosio Seconder: El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 21 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter p ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting January 16, 2018 page 15 2018-106 CATEGORY.• Contracts, Lease & Agreements DEPARTMENT. Town Attorney Contract of Sale-Peconic Parcel RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Contract of Sale for the purchase of real property located in Peconic,New York, where publicity of the parcel could significantly effect the purchase price thereof, subject to Town Attorney. ✓Vote Record-Resolution RES-2018-106 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 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 2018-174 CATEGORY. Contracts, Lease & Agreements DEPARTMENT. Public Works Cornell 2018 Shellfish Hatchery Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute Agreement with Cornell Cooperative Extension in connection with the 2018 Southold Town Shellfish Program at Cedar Beach, in the amount of $20,000 for the term January 1, 2018 through December 31, 2018, all in accordance with the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-174 ❑ Adopted __...___.._..____...__. __. ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dinizio Jr ❑ ❑ ❑ ❑ ❑ Tabled William P Ruland ❑ ❑ ❑ ❑ ❑ Withdrawn — _.... 0 Meeting Cancelled Jill Doherty ❑ ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans ❑ ❑ ❑ ❑ 0 Rescinded --- _ - Southold Town Board Regular Meeting January 16, 2018 page 16 ❑ Town Clerk's Appt Scott A.Russell ❑ ❑ ❑ ❑ ❑ Supt Hgwys Appt _..._. __ _. _ .__.__ ❑ No Action ❑ Lost Next:2/13/18 7:30 PM 2018-108 CATEGORY: Employment-Town DEPARTMENT.• Town Clerk Water Conservation Committee Removal of Member RESOLVED that the Town Board of the Town of Southold hereby removes Christopher Biemiller from his position of Member of the Water Conservation Committee effective immediately. ✓Vote Record-Resolution RES-2018-108 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ [I Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter ❑ ❑ ❑ 0 ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder. 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-109 CATEGORY: Committee Appointment DEPARTMENT. Town Clerk Water Conservation Committee RESOLVED that the Town Board of the Town of Southold hereby appoints Glynis Berry to the position of Member of Water Conservation Committee, effective immediately, for a term o9f office to expire on March 31, 2019, to serve in this capacity without compensation. ✓Vote Record-Resolution RES-2018-109 0 Adopted - — - — ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent 11 Defeated James Dinizio.lr Voter 0 0 0 0 Southold Town Board Regular Meeting January 16, 2018 page 17 ❑ Tabled William P Ruland Voter O ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter ❑ ❑ ❑ 0 ❑ Supervisor's Appt Robert Ghosio Seconder. 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-110 CATEGORY. Legal DEPARTMENT.• Town Attorney PH 2/13 @ 7.30 Pm- Chapter 205 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 16th day of January, 2018, a Local Law entitled "A Local Law in relation to Amendments to Chapter 205, Public Entertainment and Special Events" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 13th day of February, 2018 at 7:30 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 205, Public Entertainment and Special Events" reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 205, Public Entertainment and Special Events". BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 205. Public Entertainment and Special Events Article I. General Provisions 205-1. Purpose. It is the intent of this chapter to establish procedures and requirements for conducting special events in the Town of Southold to preserve the public peace, good order and the integrity of the use regulations established under the Zoning Code, to properly provide for the health, safety and welfare of the general public and to provide penalties for violations of the provisions herein. Southold Town Board Regular Meeting January 16, 2018 page 18 § 205-2. Definitions. As used in this chapter, the following terms shall have the meanings indicated: PARKING CAPACITY For the purposes of this chapter, parking capacity shall be the number of cars, limousines or buses permitted on the site according to a site plan approved by the Town of Southold Planning Board. SPECIAL EVENT Any temporary gathering, demonstration, performance, exhibition, amusement or activity that is not currently a permitted use of the property in the applicable zoning district or which requires a parking area to accommodate all vehicles transporting attendees to the event that is larger than the existing parking capacity of the site that is conducted or sponsored by a person, organization, entity or association, including, but not limited to, carnivals, circuses, fairs, bazaars, outdoor shows and concerts, parades, walks, runs, marathons, bicycle races or motorcycle rallies, which may involve one or more of the following: A. The closing of a public street. B. The use, blocking or restriction of Town property, roads or rights-of-way; C. The use of amplified sound exceeding the standards set forth in Chapter 180 of the Town Code. D. The sale of merchandise that is not ordinarily sold in the normal course of the applicant's business. E. The sale or service of food to the public with the exception of the following: (1) On land used in agricultural production, the sale or service of food products composed primarily of ingredients produced on site; or (2) On land used in agricultural production that maintains a winery or farm winery license issued by the New York State Liquor Authority, the sale or service of food items which customarily complement wine tastings and that are ordinarily consumed while standing or walking and without the need for utensils. F. The substantial increase or disruption of the normal flow of traffic on any street or highway. G. The placement of portable toilets. H. The placement of temporary no-parking or directional signs or banners. I. The use of any Town services that would not be necessary in the absence of such an event. SPECIAL EVENT COMMITTEE The Special Even Committee, also referred to in his chapter as the "Committee" shall review applications forwarded to it by the Town Clerk's Office. The Committee shall make determinations as to the completeness of the application, request further documentation as it deems necessary as set forth in this Chapter, and make recommendations to the Town Board as to whether the application should be granted or denied. The Committee shall consist of: the Government Liaison Officer, who shall act as the Chairperson; the Chairperson of the Zoning Board of Appeals or his or her designee; the Planning Director or his or her designee; the Chief of Police, or his or her designee, and; the Chief Building Inspector, or his or her designee. The Town Attorney shall act as counsel to the Committee. The Town Board shall appoint a secretary Southold Town Board Regular Meeting January 16, 2018 page 19 to assist the Committee in the processing of applications. § 205-3. Permit required. A. To preserve public peace, good order and the health, safety and welfare of the residents of the Town of Southold, special events shall be prohibited in the Town of Southold unless a special event permit is obtained in accordance with the requirements set forth in this chapter and as follows: (1) All special events ^r ^to „ ort., and with ., expeeted „ttor„d,nee ofless Appeals ; aeeor-danee with the terms set fei4h in A fiele TT of this ehaptor shall require the issuance of a Special Event Permit by a resolution of the Town Board. attendees or-speeial events on TA-I.Am..pfopei4y shall obtain the appr-eval ef the Town Bear-d as set. fef4h in A i4iele H! ef'this eh.,„tor B. The provisions of this chapter shall not apply to: (1) Any event held on property owned by any special district that is contained on site and has adequate parking, ingress, egress, traffic control and sanitary facilities to host such an event; (2) Any event held on property owned by a not-for profit for its own fundraising that is contained on site and has adequate parking, ingress, egress, traffic control and sanitary facilities to host such an event; (3) Occasional events on private residential properties hosted by the owner thereof to celebrate family events, holidays, charitable or other not-for-profit fundraisers; however, any use of residential property for profit, such as a venue for weddings or other events, is prohibited. Article II. Special Events ReguirinjZ Chairperson of Zoning Board of Appeals Approval Permit Application Requirements and Procedure § 205-4. Application requirements. The following information and materials are to be submitted with an application for a special event permit. Thhe Zoning Board of ppetalseiiiccmay aeeeptr-ca single appli^eation-fora vent ef a series of similaf events (net to exeeed six in a three month-period) that are of l;Lo nd s A. A completed special event application form which includes the following information: (1) The name, address and telephone number(s) of the person(s) who will be Southold Town Board Regular Meeting January 16, 2018 page 20 organizing the event and who can be contacted prior to and during the event by Town officials. (2) The address of the event location. (3) The proposed dates and hours of the special event, including setup and shutdown times. (4) The expected maximum number of persons intended to use the property at one time and collectively, including organizers, employees, vendors, exhibitors and spectators/participants. (5) Expected number of automobiles and other vehicles intended to use the property at one time and collectively. (6) The name, address and telephone number of the person(s) who will be engaged in the preparation and/or sale of food, alcohol, or beer and a copy of the State Liquor Authority license and County Department of Health Services permit number for the activity. (7) The name, address and cellular telephone number of any security company which will work on the premises, and a description of the duties to be performed. (8) The dimensions of any tents to be utilized for the event. All tents erected in connection with an event will require an application to, and the approval of, the Building Department. (9) Certification that the property where the event is to take place is not subject to any covenant or restriction limiting its use, or if the use is restricted by easement or otherwise, a copy of a survey or diagram depicting the easement area and any reserved area where development rights are intact. (10) The applicant must provide a certificate of general liability insurance naming the Town of Southold as an additional insured with limits of $1,000,000 per occurrence or such other limit as may be required by the Town Board for events where expected attendance exceeds 500 attendees. B. The appropriate An application fee. (1) The fees for Special Event permits shall be proscribed by a resolution of the Town Board in the f ll., : ts f o eh event: Af 2a2ntS where the 23pccto "�enacae2-��c�rrth 500tten�ee$ $150. eh of events w fere the expected attendanee-is 500 to 1,000 attendees. $250. a A li tions that submitted loss than 60 ,d., ,-to the d t t?r�-mm=rcnnvrrst cccczcT.r cv-a-rc-pivpS�eu-e=s'cm may be erealor- ubje t t„ late p „ fee ef$250. - - - Southold Town Board Regular Meeting January 16, 2018 page 21 C. A general description of the proposed event including: (1) The purpose of the event and description of the nature of the activities to be carried on and the admission fee to be charged, if any. (2) The names of groups, organizations, charities or individuals who shall benefit from the proceeds of the event. D. A parking/event plan showing: (1) The size of the property and its location in relation to abutting streets or highways. (2) The size and location of any existing building(s) or structure(s)that will be in operation during the course of the event and any proposed building, structure or signs to be erected temporarily for the event. (3) The location of the stage or tents, if any. (4) The designated areas of use for spectators, exhibitors, vendors, employees and organizers. (5) The location of all exits. (6) The location of all fire extinguishers and other fire safety equipment. (7) The location of all temporary utilities to be installed for the event, if any. (8) The layout of any parking area for automobiles and other vehicles and the means of ingress and egress for such parking areas. The parking spaces must allow for 300 square feet per car. (9) A traffic control plan for vehicles entering and leaving the site for the proposed event. (10) A plan for the use of live outdoor music, loudspeakers and other sounds which will be used, if any, and the type and location of speakers and other audio equipment. (11) A description of emergency access and facilities related.to the event. (12) Provisions to dispose of any garbage, trash, rubbish or other refuse. (13) The location and a description of any additional lighting to be utilized in conjunction with the event. Southold Town Board Regular Meeting January 16, 2018 page 22 (14) The location of sanitary facilities on site. E. A description of any signage to be displayed adjacent to a Town, county or state road, including size, location and dates of display. F. A certificate of insurance not less than $2,000,000 naming the Town of Southold as an additional insured. i G. A minimum cleanup deposit of$250. i F-.H. The ion Town Board may require the applicant to send and provide certification that written notice was sent to every property owner abutting or adjacent to the property where the event is to be held, as shown on the current Town of Southold assessment roll, and directly opposite (by extension of the lot lines through a street or right-of-way) of the property that is the subject of the application. Said notice shall include the date, time and location of the proposed special event. C34. Notwithstanding the foregoing, the Chairperson of the Zoning Board of Appeals Town Board; upon request by an applicant, may waive in whole or in part any of the foregoing application requirements upon a finding that said requirements are not necessary for proper consideration of a permit application in accordance with the standards set!forth in § 205-5E(1) through(15) or for the protection of health, safety and welfare. The Town Board's determination of any waiver request shall be in writing to the applicant and shall specify the reason for the grant or denial. If a waiver is granted, the Town Board may attach appropriate conditions to protect the public interest. 205-5. Application review procedure and standards. A. All applications for a special event permit must be submitted at least 60 days prior to a proposed event to the Zoning Board of Appeals Town Clerk's Office. . Upon receipt of an application for a special event permit, the Town Clerk shall cause the application toi be forwarded to the Special Event Committee. B. Upon receipt of an application, the Committee shall.review the application and make a determination as to completeness. When the Chairperson of the Zoning Board of Appeals Upon making a determination that the application is complete, dRetefmines said appliea , the Cr,.,;,per-sen Committee shall cause the application and related documentation to be distributed to any Town, county or state agencies that may have jurisdiction over the event for their review and comment on any of the criteria set forth in § 205-5E of this article. Such referrals may include the Police Department, the Planning Department, the Building Department, the Office of the Zoning Boardlof Appeals, the Suffolk County Planning Commission, the Land Preservation Department, the Code Enforcement Department, the Fire Recto i I Southold Town Board Regular Meeting January 16, 2018 page 23 Marshal, the Assessors' Office and/or the Town Attorney. C. Upon receipt of comments, the the Ghat n e f the Ze g Be ,.,1 of Appeals C11V �11CC11�.JVl JVll Committee shall review the complete application and make a recommendation to the Town Board as whether to grant the application, deny the application, or grant the application with conditions. In considering whether to recommend approval or denial of the application, the Committee shall consider the criteria set forth in subsection "E" of this section. determine whether-to e ^ o s to the ed event V1111111V Y�11V CrIVY �t,r.l. ., {� D. n�Tel if va, or- n the submissionf'.,„ a applieation, the 11 Zoning Beafd ef Appeals may deny or-appr-eve the applieation Vl1U111.1V1JV11 elf-the with endit: The Committee shall make a recommendation to the Town Board within 30 days of receipt of a complete application. E. Upon receipt of an application from the Special Events Committee the Town Board shall review the application and make a determination whether to, grant the application as applied for, deny the application, or grant the application with conditions. In making its determination the Town Board shall consider the following: (1) The size and capacity of the site to accommodate the proposed event. (2) The facilities available. (3) The availability of highways and other means of transportation to and from the site. (4) The impact of the event on the safe and orderly movement of traffic within and contiguous to the event. (5) The need for the Town to police such event, and whether the number of police officers assigned to properly police such event will prevent the Town from providing adequate police protection to the remainder of the Town. (6) The impact of the event on fire and police protection and ambulance service to the areas contiguous to the event and to the Town in general. (7) The impact of the event on the movement of firefighting equipment or ambulance service to the Town or to areas contiguous to the event. (8) The impacts on adjacent property owners and the surrounding neighborhood. (9) Whether the owner, applicant or event sponsor has violated a previously issued special event permit. (10) Verification that there are no outstanding violations on the property at which the event will be held or any outstanding or unsatisfied conditions of a Town agency approval, including, but not limited to, those of the Planning Board or the Zoning Board of Appeals. (11) Verification that the grant of the permit will not violate any existing Southold Town Board Regular Meeting January 16, 2018 page 24 covenants or easements on the property. (12) Whether a permit has been granted for a prior event that was the same or substantially similar in size and scope to the event applied for and/or resulted in the impacts defined in Subsection E(4), (5), (6), (7) and (8) above. (13) Whether the frequency of prior or proposed special events on the site constitutes a change or intensification of the permitted use of the property necessitating a use variance or further site plan review. (14) If an applicant is requesting a special event permit that was held the previous year, the verification must be submitted from those charities listed on the previous application. (15) Any other matters that relate to the health, safety and welfare of the general public. F. A deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police and highway costs associated with the event. After the event, the deposit will be used to cover such costs, and any monies remaining will be returned to the applicant. G. Where the Town determines that there is no specific Town benefit from the event or that the event is conducted for profit, an additional deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police, highway and cleanup costs associated with the event. After the event, the deposit will be used to cover such costs, and any monies remaining will be returned to the applicant. If the costs incurred by the Town exceeds the amount deposited, the applicant shall be responsible for the additional costs incurred by the Town as a result of the Special Event. H. A special event permit is not transferable and shall expire at the close of the event(s) for which it is issued. 1. The special event permit issued hereunder shall be displayed on the premises during the special event and shall be available for inspection by a police officer or other enforcement officer of the Town upon request. J. Applications for tent permits required for any event must be submitted directly to the Building Department. K. At the sole discretion of the Committee, applications that are submitted less than 60 days prior to the proposed event may be rejected or be considered subject to the applicant paying a late processing fee. Southold Town Board Regular Meeting January 16, 2018 page 25 § 205-6. Appeal from denial of a special event permit. An applicant who is denied a permit by the the Chair-per-sen of the Zoning Bear-d of Appeals Town Board may apply to the Town Board for reconsideration of the application by filing an appeal with the Town Clerk within 10 days of the date of the denial. A complete copy of the application submitted to the O ffiee of the '',,ning Board of ^ppea n shall accompany the request for reconsideration. The Town Board may, following a public hearing, affirm, amend or reverse the determination the Ghaifpern„„ of the Zoning Beard „f Appeals its prior decision subject to any conditions deemed appropriate under the circumstances. A~gale M. Spee al Events De,,,,;,-ine T�,,,% Bea 1 11 L1v1L. lrl. f. 205 7 Events held „„ T-e-A , lands events a e,d;Y, 1,000 attendees.- A.=-Any tten de y i V✓ �. �.. r[GTICTCGT event held on pr-Apefty ev.%ed, !eased er--eentr-6iiefby the To event-`vcc ere the expeeteld attendance a e,ds 1,000 people shall he subject to a al by r elug�,,, of a V Al./VVLV4 ULLV IIUCUIVV e , Fflajer-ity of the Town BE)afd following the submission of an applieation to the Town Gler-k 60 days prior-to the pfepesed event. in 3pliea4ians for- sueh events, the Town Boafd ma,7 11 The size 1 tin,., to the her f peoples tten ding the t CT7�� L��e�'s�siirrcrcrrrvrrm crr��miirvcr�rvcv7n�crrccrrQrrr�crl�. cv'cir . refuse. so great that the events eenstitute a persistent usage of the pr- ipatible with eharaeterer- with that of then n ding Genf lets with or,dinary p ublie use of the land reads f cnTciesinvolved.. (��Whether-the applieant has been ruenvieted for-failuf:e to eemply with the tefffis ef this ehapte within the past thfee yeafs-. Lel A.dhere„ne to the T,,,,,„ Board pelie , ef.d;san,,ra .;Y. , e vents at Town heashes and parks V/ [1\A11V1 V11VV LV LllV ff.,Y,-, the Fr-i da„heF r„ re the ebsea„ne of Mefner-;al Day until T abet Da. res Vln 1,000 for-the same date and are within a half mile radius ef eaeh 7 safety, the TON" Board 10.4.11if there are adequate r-eseur-ees for-the events. if there are not suffieient r-esoufees to ensure publie health and the Toy,%Board shall deny one or-Fner-e pefmits if the impaets of the events eannet be fnifigated. When deeiding whieh event to deny, the Town Beafd shall eensider-th-e €ellewing3 f:�IJ=Whether-the event Q2) Whether the site has bee.,, subject to a elatie within the last three . Q2)=Whether-11V L11V1 L11V JSLti !( :JT771date the pefmit applieatio21"was submi CGIT shall eeesider-what the' ' c 3 on that af ea-eft#e Town-. �\xlh then the t will yield ,donation to o e In 1 h 't;en -�r-rrcrrrcrcrl�. cdcnr-dszirjieZtra�Lvrrcrcrvrrcv cirrcTlixri-rrcr. $=. Fer-any speeial event that is to beh held 1 .d !eased trolled by the T f crcroir��o��iica�ca�ca-o'1-Eoi'rrr �zrvTTn'�e�virer Southold, > mailing address, e mail address and telephone number-(s) of the per-sen(s) who will,;11 he g the „t and who n „ he a „taete.d prior-to and .d„r;.,.,the event by Town VV V1 SU111L111�, L1lV I.rYV1Il-UrIt1-V !�hlTTrnho-propescd event eeation and t„ of cd cctr . Southold Town Board Regular Meeting January 16, 2018 page 26 (g)=The proposed dates and hours of the speeial event, ineluding setup and shutdo;A.. • • (t)=If there are any speeial r-equir-ements needed fef the event, ineluding, but not lifnited , -liee-p a elesur-es R)=An applieation fee in the sum ef$250 for-events where the expeeted attendanee does not exeeed , 000 aaendees-. a)—A eeAifieate ef insur-anee not less than $2,000,000 naming the Town of Southeld as C-ffl additional insured. C / n minimum eleantip deposit of$250 ��LWher-e the Tov,%deteffaines that there is no speeifie Town benefit f+om the event er-that t event is eendueted for-profit, an additional deposit shall be made in Effl amount tE) be deteffflified uanee ef the peFmit based upon the estimated dir-eet eosts attributable te additienal peliee, highway and eleanup eests asseeiated with the event. After-the event, the deposit will be 1(�tLAny additional-infer-matiien required by the To.,m C;IefL shall inelude all infefmation required under- § 2q5:AA:, as well as the fellowing- v) n„ plie ion foo of$350. event.(21=A eef4ifieate of instir-anee fiet less than $2,000,000 naming the Town of Southold as an additional nsur-ed. extension ef the let lines thfough a street or-right of way) of the pr-epei4y that is the subjeet of the applieation. Said natiee shall inelude the date, time and leeation of the proposed speeial pfeteetien of health, safety and welfare. The Teyv% Bear-El resolution shali speeify the reason f0f the grant er-denial. Tf'., . ..ted the Town Beard ,�, .,tt.,..h ate ndit;ons to aalt. �,riulti-v � 7 pr- eteet the publ;i. interests-. Article IV III. Enforcement 205-8. Modification or rescission of permit. If, after a permit is issued, the Ch en of the Zening Beard of Appeals of the Town Board determines that any of the representations and/or statements contained in the application are materially inaccurate or any of the conditions of the permit have not been complied with, the Town may serve the permittee's agent a notice of rescission of special permit specifying the manner in which the permittee has not complied with the terms of its permit and/or identifying the incorrect information supplied in the application. The Zoning Board of Appeals Chairperson or the Town Board may, for good cause, modify or rescind such permit, absolutely or upon conditions. 205-9. Penalties for offenses. A. It shall be unlawful for any owner, occupant or his/her agent or any other person to fail to Southold Town Board Regular Meeting January 16, 2018 page 27 comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Director of Code Enforcement, Zoning Inspector or the Southold Police Department, or to conduct any special event in a manner not in compliance with a permit issued pursuant to this chapter and with the provisions of this Code. B. For each offense against any of the provisions of this chapter or failure to comply with a written notice, directive or order of the Director of Code Enforcement, Zoning Inspector or the Southold Police Department within the time fixed for compliance therewith, the owner, occupant or his/her agent or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order of the Director of Code Enforcement, Zoning Inspector or the Southold Police Department shall be subject to the following: (1) Failure to obtain a permit. Any person conducting a special event that is regulated under this chapter without first obtaining a permit according to the procedures outlined herein shall be subject to a fine of not less than $500 and not more than $1 X580 08-$3,000.00. (2) Failure to comply with the terms of a permit. Any person failing to comply with the terms of a permit shall be subject to a fine of not less than $500 and not more than $1,500.00$3,000.00. (3) For each subsequent offense of§ 205-913(1) or (2), violators shall be guilty of a misdemeanor and/or subject to a fine of not less than$500.00 $1,000.00 nor more than $5,000. C. No new special event permits will be issued to any property owner, occupant or his/her agent if such person is a named defendant in an outstanding or unresolved violation of this chapter. D. The Town may also maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter. 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-2018-110 0 Adopted 0 Adopted as Amended Yes/Aye No/Nay Abstain Absent Southold Town Board Regular Meeting January 16, 2018 page 28 ❑ Defeated James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter ❑ ❑ ❑ 0 ❑ Supervisor's Appt Robert Ghosio Seconder. 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-111 CATEGORY. Contracts, Lease & Agreements DEPARTMENT.• Town Attorney Belfor LI LLC RESOLVED that the Town Board of the Town of Southold hereby ratifies the execution of a contract with BELFOR LONG ISLAND, LLC dated January 12, 2018, for repairs to Town Hall pursuant to New York General Municipal Law Section 103(4). ✓Vote Record-Resolution RES-2018-111 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder, 0 ❑ ❑ ❑ ❑ Tac Receiver's Appt Jill Doherty Voter ❑ ❑ ❑ 0 ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ! ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-112 CATEGORY: Organizational DEPARTMENT. Fishers Island Ferry District FIFD- Commissioner Chairman Southold Town Board Regular Meeting January 16, 2018 page 29 RESOLVED that the Town Board of the Town of Southold hereby ratifies and'approves the resolution of the Fishers Island Ferry District Board of Commissioners dated January 9, 2018 in regard to Chairman of the Board of Commissioners. ✓Vote Record-Resolution RES-2018-112 0 Adopted ❑ Adopted as Amended ❑ Defeated _._.. _. _._..._. Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter ❑ ❑ ❑ 0 ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-113 CATEGORY. Legal DEPARTMENT. Fishers Island Ferry District FIFD-Employee 21837 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, 2018 in regard to Lamb & Barnosky, LLP. ✓Vote Record-Resolution RES-2018-113 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 2 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-114 Southold Town Board Regular Meeting January 16, 2018 page 30 CATEGORY. Public Service DEPARTMENT. Fishers Island Ferry District FIFD-Junked Vehicles 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 December 27, 2017 in regard to junked vehicles. ✓Vote Record-Resolution RES-2018-114 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 Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder: 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-115 CATEGORY. Enact Local Law DEPARTMENT. Town Clerk Enact LL WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 26th day of September, 2017, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Special Exception Uses " and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard,NOW 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 Special Exception Uses" reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in Southold Town Board Regular Meeting January 16, 2018 page 31 connection with Special Exception Uses". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To clarify certain provisions of the Town Code and to give the Zoning Board of Appeals flexibility in granting of Special Exception Permits to allow applicants to receive other approvals prior to expiration of the permit. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: Chapter 280. Zoning Article XXV. Special Exception Uses 4 280-141. Application; hearing; approval; violations of conditions. A. An application for a special exception approval shall be on the form for the same provided by the Zoning Board of Appeals and shall be submitted in triplicate to the Zoning Board of Appeals, which shall review the application for completeness and conformity with this chapter. The Zoning Board of Appeals shall reject the application if it is not complete or not in conformance with the Zoning Code and shall notify the applicant as to the reason for such rejection. Upon a determination by the Zoning Board of Appeals that the application is complete , the appheant and the Zoning Board of Appeals "ti all set the application shall be scheduled do for a public hearing. The fee for a special exception shall be$400;as set forth in § 280-149. B. , sehedule a publie hearing within 4 5 days afteF deteffnination that the applieatien is- eemplete Within 60 days following the close of the public hearing, the Board shall render a decision on the application. C. Effect of approval. A special exception approval issued in accordance with the provisions of this article shall authorize only the special exception use for which the approval is granted, provided however: (1) No use which is not a special exception use hereunder shall be authorized by any such approval; (2) The approval may include reasonable conditions which the Zoning Board of Appeals determines to be necessary or appropriate to ensure that the applicable general and specific standards and safeguards set forth in this chapter for the use can and will be met and/or adhered to; (3) The Zoning Board of Appeals may condition the permit by requiring that the applicant actually complete construction and begin the approved special exception use in compliance with the conditions imposed by the Zoning Board of Appeals within a time period of from six months to three (4) If the Zoning Board of Appeals fails to specify a period to complete construction and begin the approved special exception use, the time period to complete construction and begin the approved special exception use shall be one year; (5) An application may be made and the Zoning Board of appeals may grant, after holding a public hearing in accordance with � 280-150, an extension of the approval of up to ones Southold Town Board Regular Meeting January 16, 2018 page 32 extended 1V1 V11V additional JIv menth period by the Zoning Beafd of Appeals within e rent of fie", .,ublie netieo of hearing. A continuing or permanent land use authorized by a special exception approval, which use is undertaken or begun dig the period in accordance with the Zoning Board of Appeals approval of validity of such app.A.. ', shall thereafter be deemed a lawful use as if the same were permitted by this chapter without need for a special exception permit; provided, however, that: a. All conditions imposed by the special exception approval shall continue to apply unless they, by their express terms, are of limited duration. b. All conditions imposed on special exception approval uses generally or specifically by this chapter shall continue to apply, regardless of whether any such conditions were expressly incorporated into the special exception approval. c. The Zoning Board of Appeals shall retain continuing jurisdiction over the same; d. The duration of a special exception use may be limited to a specified time period as set forth in the approval of the Zoning Board of Appeals, if the approval is silent as to the duration of the special exception use, then said use shall be in perpetuity; e. A special exception use which has been discontinued for a period of one year or more shall be deemed abandoned D. Violations of conditions. A violation of any limitation or condition of a special exception approval or of any provision of this chapter applicable to a special exception use shall constitute a violation of this chapter. The Zoning Board of Appeals shall retain jurisdiction and shall have the right, after a public hearing, to modify, suspend or revoke such approval or any term or condition thereof or to impose thereon one or more new conditions, all on the following grounds: [Amended 6-15-1993 by L.L. No. 10-1993] (1) False statements or mistake of material fact: materially false or inaccurate statements in the application, supporting papers or supporting testimony or ignorance or misunderstanding of a material fact by the Board, which fact, had it been known to the Board at the time of its review, would have resulted in a denial of the approval sought. (2) Noncompliance with the terms and conditions of such approval: failure of the applicant-permittee to comply with any conditions or terms of the approval. (3) Activity beyond such approval: exceeding the scope of the activity, use or project as the same was described in the application. 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-2018-115 O Adopted 0 Adopted as Amended Ves/Aye No/Nay Abstain Absent Southold Town Board Regular Meeting January 16, 2018 page 33 O Defeated James Dinizio Jr Voter 0 ❑ O O O Tabled William P Ruland i Seconder: p ❑ O O ❑ Withdrawn Jill Doherty Voter ❑ ❑ ❑ D ❑ Supervisor's Appt Robert Ghosio Voter D ❑ O ❑ ❑ Tax Receiver's Appt Louisa P Evans Mover O O ❑ ❑ Rescinded Scott A.Russell Voter O O ❑ O Town Clerk's Appt ❑ Supt Hgwys Appt ❑ 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 7:46PM in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Ghosio, Evans, Russell ABSENT: Jill Doherty VI. Public Hearings 1. Set PH 1/16/17 7:31 Pm - Chapter 280 Special Exception Uses This public hearing was declared closed at 7:48PM RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Ghosio, Evans, Russell ABSENT: Jill Doherty Councilman Robert Ghosio, Jr. COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN there has been resented to the Town Board of the Town of Southold, Suffolk County,New York, on the 26t day of September, 2017, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Special Exception Uses " 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 16th day of January 2018 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 280, Zoning, in connection with Special Exception Uses" reads as follows: Southold Town Board Regular Meeting January 16, 2018 page 34 LOCAL LAW NO. 2018 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Special Exception Uses". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To clarify certain provisions of the Town Code and to give the Zoning Board of Appeals flexibility in granting of Special Exception Permits to allow applicants to receive other approvals prior to expiration of the permit. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: Chapter 280. Zoning Article XXV. Special Exception Uses § 280-141. Application; hearing; approval; violations of conditions. A. An application for a special exception approval shall be on the form for the same provided by the Zoning Board of Appeals and shall be submitted in triplicate to the Zoning Board of Appeals, which shall review the application for completeness and conformity with this chapter. The Zoning Board of Appeals shall reject the application if it is not complete or not in conformance with the Zoning Code and shall notify the applicant as to the reason for such rejection. Upon a determination by the Zoning Board of Appeals that the application is complete , the applieafit and the Zoning Beai-a of Appeals peals shat se the application shall be scheduled dewn for a public hearing. The fee for a special exception shall be$44)0-, as set forth in § 280-149. - B. , the Zoning Board of Appeals shall sehedule a publie hearing within 45 days aftef detei:fnina4ien that the applieatie" i-s eemplete. Within 60 days following the close of the public hearing, the Board shall render a decision on the application. C. Effect of approval. A special exception approval issued in accordance with the provisions of this article shall authorize only the special exception use for which the approval is granted, provided however: (1) No use which is not a special exception use hereunder shall be authorized by any such approval; (2) The approval may include reasonable conditions which the Zoning Board of Appeals determines to be necessary or appropriate to ensure that the applicable general and specific standards and safeguards set forth in this chapter for the use can and will be met and/or adhered to; (3) The Zoning Board of Appeals may condition the permit by requiring that the applicant actually complete construction and begin the approved special exception use in compliance with the conditions imposed by the Zoning Board of Appeals within a time period of from six months to three years; (4) If the Zoning Board of Appeals fails to specify a period to complete construction and begin the approved special exception use, the time period to complete construction and begin the approved special exception use shall be one year; Southold Town Board Regular Meeting January 16, 2018 page 35 (5) An application may be made and the Zoning Board of appeals may grant after holding a public hearing in accordance with § 280-150, an extension of the approval of up to one year; (6) A speeial exeeption appr-eval shall be valid for- a period ef six menths but may extenextended f« e additional � .,th pe ed by the ZoningB ,.,d f Appeals within ded iVi Vl1v UUUIai Vi1U1 J1A 1 1V11111 1..lVllV\1 V' 111V ll.eull the qif{r711ent of new publ;,. „„tiee e f hear- ng. A continuing or permanent land use the authorized by a special exception approval, which use is undertaken or begun dig the period in accordance with the Zoning Board of Appeals approval of validity of sueh apple a , shall thereafter be deemed a lawful use as if the same were permitted by this chapter without need for a special exception permit; provided, however, that: a. All conditions imposed by the special exception approval shall continue to apply unless they, by their express terms, are of limited duration. b. All conditions imposed on special exception approval uses generally or specifically by this chapter shall continue to apply, regardless of whether any such conditions were expressly incorporated into the special exception approval. c. The Zoning Board of Appeals shall retain continuing jurisdiction over the same; d. The duration of a special exception use may be limited to a specified time period as set forth in the approval of the Zoning Board of Appeals if the approval is silent as to the duration of the special exception use then said use shall be in perpetuity; e. A special exception use which has been discontinued for a period of one year or more shall be deemed abandoned D. Violations of conditions. A violation of any limitation or condition of a special exception approval or of any provision of this chapter applicable to a special exception use shall constitute a violation of this chapter. The Zoning Board of Appeals shall retain jurisdiction and shall have the right, after a public hearing, to modify, suspend or revoke such approval or any term or condition thereof or to impose thereon one or more new conditions, all on the following grounds: [Amended 6-15-1993 by L.L. No. 10-1993] (1) False statements or mistake of material fact: materially false or inaccurate statements in the application, supporting papers or supporting testimony or ignorance or misunderstanding of a material fact by the Board, which fact, had it been known to the Board at the time of its review, would have resulted in a denial of the approval sought. (2) Noncompliance with the terms and conditions of such approval: failure of the applicant-permittee to comply with any conditions or terms of the approval. (3) Activity beyond such approval: exceeding the scope of the activity, use or project as the same was described in the application. 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 Southold Town Board Regular Meeting January 16, 2018 page 36 This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have here a signed affidavit that a notice of this public hearing was published in the Suffolk Times. Also a signed affidavit that this was posted on the Town Clerk's bulletin board and on the Town's website. And I have a letter here from the Suffolk County Department of Economic Development and Planning that this is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. And I have a memorandum from the chairman of the Planning Board. Thank you for the opportunity to provide comments on the above referenced proposed local law. The Planning Board supports this code amendment which will provide flexibility to the Zoning Board of Appeals for their special exception decisions. The new code language gives the ZBA the ability to tailor the expiration of their approval to the size and complexity of each individual project. This will improve the efficiency of the process, particularly for projects that cannot be completed in the six month time frame currently prescribed in the code. That's it. Supervisor Russell SUPERVISOR RUSSELL: Would anyone like to address the Town Board on this particular local law? (No response) Closing Comments Supervisor Russell SUPERVISOR RUSSELL: That concludes the business of the agenda. I would invite anybody up that would like to address the Town Board on any issue, please feel free. Christina Larkin, Greenport CHRISTINA LARKIN: Good evening, my name is Christina Larkin and I am a resident of Greenport. I am here tonight to address public facebook comments made by Jim Dinizio in a string of responses to Lee Zeldin's attempt to justify the President's demeaning and vulgar statements about people from certain countries. You are all aware of the current controversy, you may not be aware of Lee Zeldin's tepid explanation in an attempt to justify the President's statements. The Congressman failed to call out the President's language in what was implied by his words or more importantly, his policies regarding immigration. But my point this evening was to share with you Mr. Dinizio's public response to a school teacher who was expressing her concern about Lee Zeldin's comments. Reading from Lee Zeldin's facebook page, a teacher J. (inaudible) Rooney, I will read her whole statement, it is short. I can't believe, this is J. (inaudible) Rooney responding to Lee Zeldin, I can't believe you are on here justifying Trump's disgusting comments. I would love for you to come to my classroom tomorrow and explain to my students what exactly DT meant when he called their countries `S holes', you're ridiculous. James Dinizio, Jr.'s response, this is public facebook. Really? I am assuming you lived through the Clinton administration, his comment is nothing to what they hear at the dinner table on any given night or what they saw walking around the mall in Washington the day after the Southold Town Board Regular Meeting January 16, 2018 page 37 inauguration last January. Well, I don't know what is said at your dinner table or what you think goes on in the dinner tables in Southold because I have been here for 35 years and I have never heard that kind of language or hatred spewed at a dinner table that I have been at here in Greenport or Southold. Vulgarity or hate is not routinely shared at my table. Regarding last January's march, many, many dozens of North Fork residents went to those marches and will be there again this Saturday in Sag Harbor or in Stony Brook or in New York City and yes, there were many angry words and posters said in that march, I acknowledge that but we are not the President of the United States, we are not emanating and those words weren't coming from the Oval Office. Such language, much more critically, the policies emanating from such sentiments have no place in the Oval Office and no excuses for such hateful language should so lightly be explained by our elected officials. Thank you very much for your time. SUPERVISOR RUSSELL: Thank you. Lynn Laskos LYNN LASKOS: Hi, my name is Lynn Laskos, I am the spokesperson for Hashamomuck Cove. I just want to make it clear, I live in the Town of Southold, I am a registered voter and that is my house and CR 48 is my road. I use it daily as well as hundreds of people every single day. I feel the focus of what our Hashomomuck Cove project with the Army Corps of Engineers is really about has been lost somewhere along the line. This project is about CR 48, it's not about the homes that buffer the road, all the officials not just the Town of Southold but it seems that the officials want to focus on personal gain of the homeowners, this is about CR 48. The problem at Hashomomuck Cove is Mulford Point groin that was built in the 60's where, this is where the erosion on our story began. Since then there was no DEC, so the question I have is where were the town Trustees? Why did they allow such a huge groin built to start this erosion? The cyclone bomb storm last week finally did reach the road in five places. Not only did it make the town close the road but it caught up the full-time residents at Hashamomuck Cove as well as people who live full-time on Ruch Lane and Bayberry Lane. What if they needed emergency services? What if the road totally washed out between Albertson Lane and Town Beach? What would happen to us, how would you get to us and how would we get out? How about the first responders, the emergency vehicles, the ferry traffic and all the cars? The 2012 study for the Army Corp of Engineers showed over 12,000 cars per day. That was in 2012. We all know our little town grew since then. This is scary. Once again, Michael Domino, president of the Town Trustees said today that Tony's bulkhead blew out on Hashamomuck cove and that they were, that he came for an emergency permit and that he was only the buffer to CR 48, that if his house did fall and collapse in, so would the road. They need to issue an emergency permit so that he could secure his house. The families can no longer be the buffer to CR 48. We sustained severe damages to all of our homes that protect this precious road that we all use. The project is comprised of three coves, one being the west cove which is the Town Beach and the Town Beach would be the primary benefactor of this project. The central cove is where the families have and we have been accused that we are not interested in easements which we have had a meeting with the Army Corps of Engineers and that nobody is against them, we didn't understand them, now we do. The east cove is primarily the Soundview and they would benefit from this project. The Soundview brings tourists who shop in our towns and spend lots of money. I also spoke with them today. This morning Councilman Dinizio presented a document, which he also shared on facebook, with Michael Collins the town engineer's interpretation of the Southold Town Board Regular Meeting January 16, 2018 page 38 potential cost to the town. The numbers that were shared unfortunately where inaccurate. The Army Corps sent an update yesterday 4:00 PM with updated information at the request of the homeowners of Hashamomuck Cove because they knew we were coming to this meeting today. I forwarded the information to the Supervisor as well as each one of you on the Board last night. So I am confused why the inaccurate information would be submitted to the public and further confuse the people. This was also posted on facebook which ended up being a lot of controversy with a lot of people with some really bad information. So now you have town people chiming in with information that is not even the truth. So what I would like to do, I spent up till 6:30 with Steven Couch, the head of the Army Corps of Engineers for our project on the phone with him before I came here, to just get a better understanding, so can I... COUNCILMAN DINIZIO: Please. MS. LASKOS: I only have two copies of the emails that were sent last night and this is my version of the breakdown, which is Steve's version. Inaudible. What was proposed this morning at the work session was Southold's responsibility of being $24.4 million was the Town of Southold's share, coming out to a project 50 year cost of $488,000. I sent that to the Army Corps of Engineers, hence that is the email you received last night from Steven Couch. The paper that was just handed out by Kate, if you look at the 25 foot plan that they offered, the initial cost is $14,560,000, that cost also includes a $2.2 million real estate, cost of, real estate already inside that number. When I asked him what does that mean, are you going to buy our homes, are you doing buyouts? Is that what this means? He said no, this is for easements, that is to send surveyors out to each of the 76 properties to assess them, to create the legal documents so that the easements can be handed to the homeowners for signature. All that covers is the administration costs as well as the surveyors that have to go out to 76 homes. When you break it down to the local and the towns, the local sponsor which would be the county and the town or it could be the water authority or it could be any other party that comes to the table is $1.5 million is your initial cost, 50 percent of that would be the town's share. That comes out to a cost of $764,500 and I agree that is not a small number but it is no way $5,000,000 that was proposed this morning. The re-nourishment of every five years comes out to $273,000 would be the town's share for five years. Break that down into a yearly cost, that comes out to $54,600 a year. How much does the Town of Southold spend a year to keep the Band Aid approach on town beach just going? And every time you put sand in, every time there's a storm, more of your tar goes and there's one less parking lot. Here you would have a solid beach of at least 25 feet out, six feet elevation before the natural grade goes down. So to me $54,600 doesn't seem so bad. I also, Supervisor Russell, you brought up the question, you mentioned that you didn't know what the town cost would be if a major nor'easter happened within the five year period, so what I did was I asked Steve, okay, good question help me here. On the staple document that I gave you that came in the email number five, page two, it says emergency repair cost. This is a federally authorized (inaudible) which provides the repair of coastal projects at 100 % federal expense. I said, so that means the town and the county don't have to pay, he said that is correct. So if a storm wipes out a significant amount, the town isn't on the hook for it. So I guess, my frustration, and not just here but in general, my frustration is, I have been doing this for 16 years and I know this because I eat, sleep and drink this 24 hours, seven days a week and I know the town has so many other things on their plate that this is just a drop in a huge bucket but I don't Southold Town Board Regular Meeting January 16, 2018 page 39 think that you understood the actual costs and what I am here to do today is just to bring the facts. To show you that this project doesn't seem unrealistic to save CR 48 and that all levels of government should be involved because this is our road. We have, you know, people going to the Lavender Field, running to the ferry, you can't have them diverted to 25 when the road washes out. You saw what happened just when it started breaching. We were terrified watching our houses collapse and the water going over the road. So I am just urging you to find the facts and what the homeowners are asking for is a roundtable. To have the state, the county, not just the legislator but to have Gil Andersen and Bill Hillman and everybody at the table with the homeowners and let's figure out a solution because the families at Hashamomuck Cove, we want skin in the game. We are not asking for freebies. You know, we talked about a taxation district, Supervisor, you mentioned you would give us an email so at least I could explain it better. I tried to but we want that meeting. We want to understand, how do we help, what other entities, Bob, you also mentioned today in the work session there were other'agencies that we could go after. Give me a list, tell me where to go. We are willing to help but we need the town to support this project because this is your town beach, this is your road and we are your residents that pay taxes every day. So we are just asking you for a round table and the consideration: Thank you. COUNCILMAN DINIZIO: Can I comment on that a little bit? MS. LASKOS: Yes. COUNCILMAN DINIZIO: The numbers that I got are the numbers that any person can get, okay, in this town. I am a councilman in this town, okay, and I have big concern about that road as you know, okay, posted about it plenty of times. I am extremely concerned about the fact that it was closed down, okay, and what even bothers me more that from September until now we have been relying on those numbers that I passed out today, okay? Those were the decisions that have been made up until this point. Granted nothing has been done, you don't have an answer, so posting them gets me closer to the truth. I don't know what the truth is yet, all I know is the numbers that I have, that I got, that anybody in this town could get, okay, all they had to do was ask for it. That's the reason why I posted it and I know you don't quite understand why that discussion had to go on but it has to go on. Because people have to know what the actual cost of it is and when, I can't get that information, how do you expect them to? How do you expect them to make a decision? How do you expect the rest of our board members, we've been given nothing, an explanation why this has moved or hasn't moved. And it hasn't moved since September. I left that meeting in September thinking okay, (inaudible) has to do is go out and get these easements done, just go out and get them signed. And I am pretty sure when you walked out of that meeting that's what you felt about it because I think we had a discussion about it. Well, I am waiting, okay, and then I am seeing town beach closed, I am seeing it half ripped apart, I am seeing your house and the houses next to it with logs banging up against it... MS. LASKOS: And houses disappearing on our cove. COUNCILMAN DINIZIO: Yes. Three months later. So why can't a councilman even get the proper numbers? Southold Town Board Regular Meeting January 16, 2018 page 40 MS. LASKOS: No, and fair enough... COUNCILMAN DINIZIO: I am not blaming you. MS. LASKOS: No but I also want to bring to your attention is, I don't know where these numbers came from that Michael Collins did receive.... COUNCILMAN DINIZIO: I have no idea either. MS. LASKOS: Back on 2016, when we had that Army Corps of Engineers came out and had a conversation and everybody was in attendance and it was a public hearing on September 19`h, in this room, they had their boards out and there is a link to the Army Corps of Engineers at Hashamomuck Cove's webpage on facebook, has listed it over and over and over and that takes you to a 500 page document that I read every single page and in that there are two different scenarios which are the ones that I have just provided you. Those numbers have not changed, maybe one percent here and there but for the most part there were always two plans, the 25 foot, 6 feet high elevation before the natural curve down and a 50 foot straight out, six feet high before the natural curve. So the numbers have actually been posted, I've tried to, the Suffolk Times Patch also put them in the paper back last year when it was, so they have been, I am just confused where Michael got these numbers from. COUNCILMAN DINIZIO: Can I ask you a question? Why should a councilman have to read that in the paper? Why don't they have a report on that so we can make a decision on that... MS. LASKOS: I didn't even get a report. COUNCILMAN DINIZIO: I know you didn't. MS. LASKOS: I read the book. COUNCILMAN DINIZIO: Honestly, my beef is not with you... MS. LASKOS: I understand. COUNCILMAN DINIZIO: But the fact that we let this thing go and now we have a road that has been threatened. Okay and honestly, we have other government agencies like you said, one guy built a jetty somewhere and everything is falling apart on that side of the sound, everybody, I see the federal government is taking some responsibility for that because they came and did their thing but the state, I am not sure if the state has answered affirmatively or not, okay, I haven't gotten that answer. I would love to write them and I intend to. The same with the county. I want an answer from them. I don't want to hear it from someone. I want somebody to write me a letter and say, no, we are not interested in doing this and I don't even care if they give me a reason why, but I don't have any of that. Southold Town Board Regular Meeting January 16, 2018 page 41 MS. LASKOS: And so you know, I have contacted Senator Schumer's office, I have a conference call with them tomorrow. I have reached out to Governor Cuomo's office, I have a conference call set up with them. So I am going straight to the top, I am not just leaving it lie;it is not going to stay where it is, it is going to go somewhere whether it's this way or that way but it can't stay like this... COUNCILMAN DINIZIO: No, it can't. MS. LASKOS: But in the process, I need to make sure that the facts are presented because if we all don't have the true facts and not somebody's interpretation of the facts and I thank you for bringing it to light because if you didn't put it on the town agenda, I'd still be screaming and yelling and going nobody is listening. So thank you for putting that on.... COUNCILMAN DINIZIO: Scott did. MS. LASKOS: Well, thank you for putting it on the agenda but I still want you to have the real facts. You have Steve Couch's email in front of you, that is not mine, the only spreadsheet is mine because he helped me to bring out the totals to give it a clear picture and I wish that we have the discussion because I am bringing in other levels of government to this roundtable. The Army Corps is coming on Thursday to do a site walk, so if anybody is interested, they are going to be at my house starting as the starting point and we are going to be walking the entire Hashamomuck Cove. So all I am asking is help me get this roundtable and tell me where we can get some funding. SUPERVISOR RUSSELL: I just want to ask some questions. First, there's two separate plans here, the 25 and the 50, which one are we discussing? MS. LASKOS: So the 50 foot plan was the recommended plan that the Army Corps wanted to do but after the blizzard that we just had two weeks ago, they realized that we need something done and we need something done now. Because, so now they are going with the 25 foot plan. SUPERVISOR RUSSELL: So they substantially scaled back the project as of 4:00 yesterday afternoon? MS. LASKO: No, they had two going. It was an option of one or two. SUPERVISOR RUSSELL: The numbers that our engineer provided to the Town Board were the numbers that the Army Corps provided to him, who had been a regular contact liaison... MS. LASKOS: Which would have been the 50.... SUPERVISOR RUSSELL: Now if Steve has changed his numbers and he has managed to shave what looks like several million dollars off a project, more power to him but I want a breakdown of that. But at the end of the day... Southold Town Board Regular Meeting January 16, 2018 page 42 MS. LASKOS: You have the original 50 foot is right in front of you. SUPERVISOR RUSSELL: Yes, I see that. MS. LASKOS: That hasn't changed, that was spot on from day one a year and a half ago. SUPERVISOR RUSSELL: Okay, so we are going based on the information we are getting from them, so that is where the numbers came from but even when you scale this back, I do not see where it is allocating contingencies, mobilization costs, all those other attendant things. Also, let's get back to maintenance for a second, to be honest when he says emergency repair costs, under certain criteria where extraordinary storm impacts a project, I need to see definitions of those because that is awfully, awfully subjective and vague. MS. LASKOS: It is and I asked him what that means and he said the cyclone bomb Sandy. But it wouldn't be the nor'easter we had three months ago that... SUPERVISOR RUSSELL: But the nor'easter three months ago, I mean those nor'easters have impacts and our requirement is to restore these beaches and if we are only asked to re-nourish every five years, that's what they are anticipating what the need would be, it does not say we only have to do it every five years. It's feasible we could have to do it annually to maintain the profile which is the obligation we would be taking on for the, if this thing was to move forward as a local sponsor. I think it's unrealistic and I am going to be candid, I think it's unrealistic for him to put that on the table and suggest that that's what we can expect. I think it flies in the face of any learned coastal engineer to be candid and I would love to have a conversation with him. I can't wait actually. MS. LASKOS: He will be here Thursday... SUPERVISOR RUSSELL: I want the roundtable, I want them all in one room and I want them to put numbers on the table in black ink for a change. MS. LASKOS: Look at his third page because mine was just a snapshot, his third page gives you a lot of different costs like contingency, unit price, fill costs, re-nourishment costs, real estate so maybe that has a little bit more. I gave you the $50,000 level, he gave you the deep dive on page three. SUPERVISOR RUSSELL: Also, let me point out that this is the experience we've had. The dredging of the Mattituck Inlet, all that material was put to the east side, where that Bailie's Beach road is. Now we had no obligation, that is a federal navigable channel, we had no local sharing or anything like that but a tremendous amount of material was put on that easterly side. It was gone in three years. So the suggestion that we are only going to have to do this modest maintenance on a regular basis, I frankly think is irresponsible on his part to even suggest. MS. LASKOS: I think getting in a roundtable to hear what is going to save CR 48 to the best because if it starts breaching in multiple places and what the county proposed to do as there Southold Town Board Regular Meeting January 16, 2018 page 43 emergency plan was to sheath certain sections in which is what they wanted to do in 2008 and the Army Corps of Engineers as well as the DEC has confirmed that they would damage the houses which is now another project, problem and would be another cost to them because they would have to repair our houses that are currently buffering their road and protecting it. So if they put the sheathing in front of my house, great, fantastic. They will pay me to fix my house. But then what happens if it goes down to Kate's house? They are going to come back and sheath that in? And then it's going to go over here to John's house or Tony's house, it's just going to be this bandaid. So that is why I am asking, this is a serious problem. I mean, yes, erosion all over not even just the Town of Southold but all over. But there's a major artery and there's little roads that come off that artery that people are going to get stuck. I don't think you want Pat Moore going I am stuck here in my house because she's on Ruch. It's, these people are going to be stuck, as well as we are. SUPERVISOR RUSSELL: I am just asking the questions because the Town Board is taking the issue up in two weeks at work session and like I said, he's moved the numbers around a little bit so it's hard to keep track here but there's some general discussion issues that need to be, take place. First on the graph you gave me, it says state share. To my knowledge hasn't made any commitment to this and that's the lions share of the local share. MS. LASKOS: I spoke to Senator, I had a meeting with Senator LaValle back in November and I was working with him and we met with Kenneth Lowerre, I think is his aide there, and now I am involving Schumer for the state and I am also getting County Executive Bellone because this is his road. It is not only Al's road, it's his road and it's Gil's road. All of these people have to be involved. COUNCILMAN DINIZIO: Can I ask you a question? Have you gotten an answer from the state? No? MS. LASKOS: Well, Al Fukes from the DEC is supporting our project because we wouldn't get this far... COUNCILMAN DINIZIO: Well, we he is not the guy with the purse. MS. LASKOS: Understood. COUNCILMAN DINIZIO: But how about the guy with the purse? Do we have an answer on it? MS. LASKOS: He's another one that said I want a roundtable. COUNCILMAN DINIZIO: Okay. MS. LASKOS: Because there's a lot of moving pieces and I just think me having conversations with you and then me having conversations here, it's not working. So if we can just somehow all.... Southold Town Board Regular Meeting January 16, 2018 page 44 SUPERVISOR RUSSELL: We will have a roundtable, it will be another roundtable but I am going to be candid, I think these roundtables are a way of some people not wanting to make a decision finally.— MS. LASKOS: Inaudible. SUPERVISOR RUSSELL: And I think this Town Board needs to look at this and say are we going to be a willing, absorb the responsibilities of the local share, from our perspective. Even with revised numbers, we still have to look at that and say, are we willing to do this as a township? Now you have been speaking, you've mentioned the word CR 48 several times and that's the critical word. County Road. It's not a town road. The town has not created this issue, we put no structures there to cause it, we have taken no action to cause this and it is a county road and the residents of Suffolk County pay county taxes to maintain county roads. However they see fit, they have the obligation here. MS. LASKOS: No and I understand that. It's, you know, we started with Legislator Krupski and now we are bringing in Bellone because it is also his road under Gil and Bill. So I just, you know, if we can all just try to figure this out because it's important. I mean,, it's not getting better there. COUNCILMAN DINIZIO: Just personally, I just want to give you folks an answer as to what the town's responsibility. That's all I am looking for here. And I think the only way we can do that is to have the information and if we can't get the information, we still need to make a decision. MS. LASKOS: If you need something, I will get it from Steve or you could call, you spoke to Steve... COUNCILMAN DINIZIO: I did. MS. LASKOS: Feel free to get more information from him, (inaudible) is on vacation but I spoke to Al Fukes today he is not on vacation, you can call him. Eric Star is going to be here on Thursday from the Stony Brook DEC, you know, he could probably answer any questions for you. COUNCILMAN DINIZIO: Let me see if I am going to be here. What time? MS. LASKOS: Oh, with the birds. 9:30. SUPERVISOR RUSSELL: One other thing, getting back to (inaudible) discussed with you, that I had been getting feedback because some people are concerned about them and I did tell you at the time, in my experience it's a lack of understanding of what they really need. That was my experience in trying to get easements together in Mattituck for the dredging of the inlet. And usually when they have a clear understanding that we are really just talking at the end of the day about public trust and that some access from there, it's a resolvable issue. Southold Town Board Regular Meeting January 16, 2018 page 45 MS. LASKOS: Right. Which actually, you were kind enough to put the meeting together for us and we sat there with Sue McCormack who explained them and the homeowners actually left there feeling good about it. they were, oh, we understand now and that's why if there's those other things that you and I have spoken about, we just need to understand them so the families can vote on them and actually come back and so okay, we are in here, we don't understand that. just like you need answers from we don't understand, this is, you know, I have been doing this and I have learned way more than I ever wanted to know in my lifetime about a situation like this. COUNCILMAN DINIZIO: Me too. SUPERVISOR RUSSELL: One other thing just addressing town beach. Town beach we go several years without spending any money. We haven't spent any money since 2011-12, with the most recent damage, we are likely to spend some without a doubt. But that's always discretionary on our part. We are not compelled to spend the money, we get to look at our finances any given year and say you know, we can't afford it. we can probably absorb it now, I was Supervisor (inaudible) 2008-2009, we wouldn't have spent a penny because we couldn't afford it. So towns have that flexibility but by and large, yes the sand is a bandaid approach no doubt but when you look at the overall cost of that beach compared to the overall cost of a hockey rink, a tennis court or anything else we are spending annual money to maintain, it's not that bad at all. It's not a bad deal. MS. LASKOS: Yeah and I thank you for the beach because every time there's a storm after you put the beach, we get it. So we are happy. Thank you. SUPERVISOR RUSSELL: You're welcome. MS. LASKOS: We appreciate it. COUNCILMAN GHOSIO: Got to thank Cross Sound ferry. COUNCILMAN DINIZIO: My only thing I wanted to request info for was, Scott, that we let the town engineer look at their email and the (inaudible) information and maybe report to at least me, I want to have a discussion with him because he seems to understand the mechanics of it all that sometimes I need to... MS. LASKOS: Right and he understands it and he also knows from experience on other projects, he's been a great driving force for me to go in different directions because he knows, they just know how to do it because they do it all day. COUNCILMAN DINIZIO: Right. I was just going to try to depend on him to get as much as I can.... MS. LASKOS: And I appreciate that. Southold Town Board Regular Meeting January 16, 2018 page 46 COUNCILMAN DINIZIO: Okay. but understand this is not anything to do with whether I am before or against your project, I just, we need to end this one way or the other. Okay? And as long as it is moving forward... MS. LASKOS: With the facts. COUNCILMAN DINIZIO: As long as it's moving forward, I am okay but I didn't see it moving forward until a week ago, quite honestly. MS. LASKOS: I agree. Thank you. Kathleen Phelan KATHLEEN PHELAN: Hi, my name is Kathleen Phelan, I live in the cove. And we understand that the financial part of this for the town is difficult. What we are asking for is your support for the program and to help us or have us help you find means of financial support. There are infrastructure places, entities that we can ask for help or the commercial entities that we can ask for help. Forming a tax district is not, I know it has been mentioned, it is something that we would look at. We don't know what the ramifications for us would be but we are not against it as we weren't against easements after we understood them. So we are asking for your help because we don't know how to do this. We hope you do or we can help, if you need any help from us, you know you can contact Lynn. Thank you. SUPERVISOR RUSSELL: One thing I would say is it's not just the cost, there is an underlying fundamental philosophical issue here is whether the town wants to be in the business of restoring and protecting private property. I understand it's about the road but you can't separate the two. It's just not, there is a notion here private property, this isn't all fueled by protecting Route 48 and the town has to have that philosophical discussion as to whether we should be in that business or not. MS. PHELAN: No, I can understand that, too. So thank you. Lynn Laskos MS. LASKOS: And there is one other thing, our initial funding, if we didn't have CR 48, we wouldn't be where we are today. We fall under the infrastructure and transportation act under the (inaudible) emergency act and because its transportation, because it's an artery for 18 wheelers (inaudible) of that, this is why we made it as far as we made it. Otherwise, we wouldn't. There's a lot of other beaches that are in just bad shape but unfortunately, because we have the road, that's why they are paying attention to us. So I understand, Scott, about personal houses, that when you say personal houses, we are the protection right now, we are the county's protection... SUPERVISOR RUSSELL: Right. MS. LASKOS: For the roads. So I am sorry, we are the county's protection for the road but the problem is, we keep getting (inaudible) and we are all running out of money and we are not able to fix our houses so, that's also an issue. So do I get a tax relief... Southold Town Board Regular Meeting January 16, 2018 page 47 SUPERVISOR RUSSELL: You probably, it would depend on what the current indicated market values is versus what the actual indicated market is. MS. LASKOS: I think my property is now 50 x 3. SUPERVISOR RUSSELL: Fair question. COUNCILMAN DINIZIO: There's one more question that kind of keeps going through my mind, okay, we are doing this, we are spending millions of dollars okay, to restore this and I am assuming it's because the DEC won't let you take a couple of boulders and put them in front of your house to dissipate that energy.... MS. LASKOS: I did. We had the permits, we were allowed to put rocks, I spent $30,000... COUNCILMAN DINIZIO: No, I saw your rocks. Your rocks aren't going to be... MS. LASKOS: Inaudible. COUNCILMAN DINIZIO: I am talking about some rocks (inaudible) MS. LASKOS: I can't afford more rocks than that and right now, after this cyclone bomb, you couldn't find one of my rocks, they are all gone. So is my basement and my front, my whole second floor got smashed in. But my rocks are gone. I don't know what the answer is, all I can say is, we have spent just shy of $3,000,000 in studies to study a study and study some more studies and send people out to study something that they, and that money we could have just even bandaid fixed it, with all that money. So I guess that's how government works, I don't know how government works. COUNCILMAN DINIZIO: I don't see it working here, that's my thing. SUPERVISOR RUSSELL: Again, I am going to be candid, I think what you see is government or different agencies with an unwillingness to say yes or no and this Town Board needs to have this willingness and I think we do have it and in two weeks, you know, we want Councilwoman Doherty so she can be part of the discussion... MS. LASKOS: Absolutely. She'd been a Trustee when we all fell down a long time ago. SUPERVISOR RUSSELL: I think that's what it all comes down to. How much we are saying yes to, how much we are not. You know, those are issues to be fleshed out, again for me, it's a philosophical issue. MS. LASKOS: And again,just keep in mind, we are willing to have skin in the game. We are not asking the town to absorb everything. Just we need to talk about different avenues, the Water Authority, PSEG, whoever, tell us, we -go. I am starting conversations with the Southold Town Board Regular Meeting January 16, 2018 page 48 Soundview, they have a big piece of property there. I'm like, well, we'll see. But just let us know, let us know what you need from us. COUNCILMAN DINIZIO: I think you have got to do the same though, Lynn. Just email me or text me, whatever... MS. LASKOS: I am not ashamed of doing that.... COUNCILMAN DINIZIO: I know you don't but you have got to keep doing it and quite honestly, it really, you know, until the road was closed, you know, I was sitting merrily along thinking okay, she's out there getting these things and we are going to get something, we are going to make a decision, whatever... MS. LASKOS: Yeah, until I found out the easements can't come until you get a local sponsor. COUNCILMAN DINIZIO: Right. MS. LASKOS: Inaudible. COUNCILMAN DINIZIO: Catch-22. MS. LASKOS: You have the chicken, I have the egg. Thank you. SUPERVISOR RUSSELL: thank you. Doug? Doug Hardy DOUG HARDY: I wasn't prepared but these artful presentations by these two women doesn't tell the whole picture. There's an elephant in the room that's deciding everything and that's sea level rise. By 2050, the sea level will be plus or minus two inches, one foot higher than it is today. by 2100 New York State is using the figure of 19 to 59 inches but now the most recent peer review forecast, that's not fake news, it's a forecast, is six to seven feet. So the solution is going to be unfavorable. You are not going to like what is going to happen. It appears and I hate to say this and it will cause some resentment is that poor real estate decisions have been made and they have been seeing the sea creep closer and closer to their property lines and actually, but result is that you have only a few options. One is retreat. Some properties have no depth, they can't retreat. Some others are more fortunate and they can move their homes more landward. The other solution is to focus on Route 48 and this also holds, there are three major routes for transporting commerce in Southold Town. Route 48 is the most important since it extends to Orient Point. Route 25 terminates in Greenport and the third route is the Long Island Railroad, which is well protected actually and it could be focused for more use in the future but all of us, there's only one or two here, we are not going to see 2050 so some may say they don't care but our grandchildren will. And so, this is the moment that the Town Board should be making decisions of what, where the weaknesses are for strategic fortification. And I think that what you should be looking at for Route 48 is not to be held hostage for people who have made poor real estate decisions but to focus on the most cost efficient engineering to protect Route 48 for at least Southold Town Board Regular Meeting January 16, 2018 page 49 50 or 100 years. This also holds true for Route 25, it holds true for many businesses, marinas. All of these are going to be facing sea level rise which is unrelenting and will be continuing for 200 or maybe 1,000 years and I think you have all seen statistics that if it was carried to the end that it would, that Long Island would disappear. So this is a solution here, temporarily, you can put a mile and a half of sand, six feet high and that would be rapidly depleted. Five years, maybe. And for $18,000,000 it's not a good value. What you should be concentrating on, it may be more expensive but raising sections of Route 48, moving Route 48 landward. It will be costly but you may survive for 100 or 200 more years. Thank you. SUPERVISOR RUSSELL: I would also add not maybe real estate decisions but poor public policy decisions for years now, that's part of the problem. COUNCILMAN DINIZIO: I just want to say, for me, this is not a global warming or climate warming issue. This is an issue, we have someone proposing a solution and I think the taxpayers of our town deserve an answer, an answer that comes sooner rather than later. That, the rest of it, couldn't agree with you more, you look at the Sound, the power of the water and you know, the Southold beaches (inaudible) I agree with it all 100 percent but this particular problem is not that. This problem is, we have taxpayers, we have people that went out, got what they think is a solution, we as the Town Board, at least myself, should take it seriously and give them an answer. Whatever the answer is, I just want it based on numbers that we all can agree are pertinent to the particular problem and then we move on from there. we tackle it, if we need to, the bridge that is evidently going to come at some point in time. Lynn Laskos MS. LASKOS: I just wanted to quickly say that our houses were not poor choices, our houses have been there since 1908. My house was built in 1918. We are the second homeowners in that house. So it's not like we just bought it in 2012 when the beach was all the way up. When the home was built there was 200 feet of beach. When my family bought it there was 150-160 feet of beach. it was groin built by the Town of Southold that allowed it by the Trustees only '/4 mile up the beach which is causing the erosion. SUPERVISOR RUSSELL: Inaudible. MS. LASKOS: I just want to let the Town Board know that these houses are not new. These houses were built in the early 1900's. In case some of you have never come to Hashamomuck Cove, these are not new construction, this is old families, this was our parents, our grandparents home that we are now living in because we want to stay here. So these weren't poor judgement calls. Not when someone buys it 65 years ago. Margaret Cowan MARGARET COWDEN: My name is Margaret Cowden, I live in Greenport and the concerns I come to address relate to the comments of our first speaker. I must confess that I never expected to be unable to quote a sitting president because his remarks where too obscene to repeat but even more distressing than the vile language was the blatant racism of President Trump's Southold Town Board Regular Meeting January 16, 2018 page 50 remarks in the context of the discussion on Haitian, Honduran, Salvadoran and African immigrants on pursuing the American dream. A dream that is at the very core of this nations founding. Living as I do, we all do, in a community where we benefit greatly from the contributions of immigrant neighbors. I am deeply committed to civil dialogue on reforming our immigration system. While I realize that our presidents remarks are a national concern and an international embarrassment, it felt even close to home when I read the tepid and inadequate response from Lee Zeldin, who not only did not renounce the president's vile language but once again voiced his full support of this president and his policies. Then when I read on social media, Jim Dinizio's support of Zeldin's opinion, I felt the need to voice my dismay at a town board member's support of such demeaning speech and policies. I believe I am right that Mr. Dinizio is the liaison to Southold Town's Anti-Bias Task Force, so it's inconceivable to me that this would be his response to this national embarrassment. In an effort to encourage more civil dialogue on issues that divide us, I would encourage Mr. Dinizio to engage in dialogue with members of the Task Force to hear their response to the president's language and policies and I would further request that he refrain from sharing divisive posts on social media that are disrespectful of his democratic constituents. I make these suggestions in an attempt to start here in our own town to call for more respectful and less partisan public discourse. Thank you. SUPERVISOR RUSSELL: Thank you. Harry Bashian HARRY BASHIAN: My name is Harry and I just wanted to start off by going back to the Sound. My house is two houses west of the Soundview Motel. High tide hits my house so we don't have much room at all to work with but you know, people are putting a lot of money into their houses to fix them and two weeks ago I got devastating news that my bulkhead collapsed, my deck collapsed and basically my house is on about two columns. So if another wave comes by, I am going to lose my whole property. My house is about 10-15 feet away from Route 48. Buffers, blockades, we are because we are taking damages but if people decide not to fix their houses anymore simply because they are fed up with it or they can't afford it, it's going to be a lot bigger issue because we are not there anymore. So then people are going to have to start deciding we have to work on this now. It is going to jump up to the agenda on number one because I am worried that in about a month, maybe less, that my house isn't going to be there anymore. I saw it about two hours ago before the meeting. My house is in terrible shape. A lot of houses are in terrible shape, people cannot afford it or they just don't want to pay for these damages because no one else is doing anything about it, so why should we? We have tons of people here and outside who don't know, don't have answers, don't know what's going on, they are not h ere because they can't be here but we as a community need to rise up and put this before everything because we don't know in a year from now if we are going to be having these houses here. I got an estimate for my house, it's going to cost me $250,000 for this, that's a lot of money. My bulkheads, when I say collapsed, it's not there, I don't have a deck. So high tide and this bad weather hit my house, the rest of the house is gone. And that is not okay because I am not hearing any news from anyone saying we are going to work on this and on top of that, I have someone helping me get permits to start building but they are telling me it could take six months which is not okay and I know that the DEC and the Army Corps which we have to get but also from the town of Southold, we do need permits. So when they come back and tell me six months, that's not okay. That's not acceptable. I don't want to hear that timetable because in Southold Town Board Regular Meeting January 16, 2018 page 51 six months I may not even have a house to even start building on. So we have a lot of people on the Sound and I know I am very close to the water, like high tide hits my house. What is going to happen in a couple of months when I don't have a house there anymore? Who is going to help me, it doesn't seem like anyone is trying to help right now because we are in a position right now where we are talking about it but we are not really doing anything about it. It's just a bunch of talk going around and we are just waiting and waiting and waiting. Two weeks ago, that was, it should have been handled a long time ago. Now two weeks ago with this blizzard we saw a lot of damages and now people are starting to realize maybe we should do something about it but it's still not enough. Congressmen, Senators, Governors, Councilmen, everyone. Everyone needs to get together and realize Long Island Sound is something that we need to protect. Route 48 is something we need to protect. Our houses should not be what's protecting these roads. It's not fair to us. There are people here that I know that have been my neighbors for 20 years, their houses are also destroyed. My house is destroyed. Tons of houses are also destroyed. Who is going to help us. We have to be the ones to repair our houses and then have another huge blizzard or whatever it is, hurricane hit for them to get damage and then build back, is that what the county, the state is waiting for? That we are funding our damages and protecting big roads like CR 48? That's just unacceptable in my eyes. Because when I hear a number like $250,000 just for my house, I can only imagine how everyone else feels, you know, even if it's $10,000, $50,000, $100,000 some people lost their houses. It's not acceptable. We need to stand up as a town, a county and get together and really put this on the top of our agenda and say we need to fix this problem because this problem is not going to go away on its own. Bandaids are not going to help long term, here and there, yeah but we need to put this and I am going to reiterate it, top of the agenda so we can get forward and fix this mess because nothing is getting done. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board? Kathryn Casey Quigley KATHRYN CASEY QUIGLEY: My name is Kathryn Casey Quigley, I am also a resident of Greenport. I am also the recently elected chair of the Southold Democratic Committee and I am here this evening to formally introduce myself to Supervisor Russell and our Town Board. I thank you for your service to our town and I look forward to following your work as our elected representatives in the months ahead. While there are probably issues about which we disagree, there also undoubtedly much that unites us and one of those unifying aspects is likely that the foundation of our democracy depends on engaged citizenry. So I thank you for allowing me and others to be here and I call on all residents especially given that our town is led by one party rule, to continue to participate in the process of shared accountability by engaging with local government. The ability of residents to stand before you this evening is a really admirable example of open democracy but there is still much about the operation of town government that remains opaque and I believe we can do better. Our capacity as residents to engage with government in an informed way requires your assistance. We depend on our elected officials to provide as much information in the most accessible, transparent and efficient way as possible. To that end, I have a few questions which I hope you can address moving forward. Has the Town Board evaluated the mechanisms by which you communicate with residents? Have you considered how to best engage with constituents to keep us informed? This is relevant in myriad Southold Town Board Regular Meeting January 16, 2018 page 52 circumstances from emergencies and storm announcements, to town meeting agendas, the meetings themselves, minutes and vacancies for committees. While local media is an invaluable, crucial tool, I believe it is incumbent on our elected officials to more directly and effectively communicate with residents. And I would like to provide a quick, brief sample of possible solutions. Webcasting of work sessions, Planning Board and Zoning Board meetings, I applaud you on webcasting these meetings, I think it's a great initial step and I hope that the successful practice can be applied elsewhere to help residents remain fully informed in the important meetings and decisions happening in other forums. The second example is the posting of committee vacancies. Recently it appears that certain vacancies, specifically the Planning Board and Housing Committee have been first posted through Councilman Dinizio's personal facebook page, rather than some formal town (inaudible), at least this is what appeared to happen and I am wondering if there is a policy and procedure on how vacancies are announced? While the Planning Board vacancy does seem to have just made it to the Suffolk Times about a week after the posting on the personal facebook page, I haven't been able to find these vacancies posted explicitly anywhere else. I am optimistic that your responsiveness to this matter will result in greater openness, thereby better empowering residents and making us all more effective in our shared project of serving Southold. Thank you for your time. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board? John Kasagorges JOHN KASOGEORGES: My name is John Kasogeorges, I am on Hashamomuck Cove as well, right between Kate and Lynn and right next to Tony who just lost his whole wall. But I am not going to talk to you about houses, actually it's about something Supervisor Russell that you had mentioned, is that CR 48 is a county road and we all need that road. The town needs that road and our houses are acting as a break and when our houses are gone, someone is going to have to pay for that road and those costs are going to be extraordinarily high. Everything outside of the road, meaning whatever beach is left there would actually be the town's responsibility or it would belong to the town and they would treat it the same way as they would town beach but more than anything, the town has a vested interest in saving that road and if it's not the town's road then we ask that you try to help us a little bit more, be on our side to get those people that are responsible to the road, who it belongs to, to kind of step up and you know, be on our side to get them to help us save that road. And that's all. SUPERVISOR RUSSELL: Thank you. Would anyone else like to address the Town Board? Robert Dunn ROBERT DUNN: Robert Dunn, Peconic. I am going to be nice. I just wanted to bring to your attention once again and thank the town from my community at Goldsmiths, the armament once again saved our bacon. It should be acknowledged most, as you know most of the people there are part time residents and they haven't even come out but I saw my community flood 20 minutes flat. Had it not been for the armament on Mill Lane, there would be no Mill Lane today. for the first time since, well, post Sandy, they were level. Mill Lane would look much like town beach looks today if not armament had not (inaudible), so thank you to the town, thank you to Southold Town Board Regular Meeting January 16, 2018 page 53 Jamie in particular, he did it. For the first time the water came over, to give you an idea of the severity of this storm, the water came over the armament. It's never done that before and then it went around. There will be speaking on, I don't want to rain on anybody's parade today because certainly what's going on Hashomomuck should be the focus on the town but there will be discussions down the road about some of the damages that was done on Goldsmiths, it's nowhere near the importance there. And I also want to say in further discussion on this, if that isn't taken care of, it's not going to stop at 48. Somebody mentioned the railroad tracks, the railroad bridge will go. I mean the power of that water is just going to keep going. If there is a breach there and there's several points, there's not much to hold it back once it gets across the road so it's just a matter of how much water comes in, how severe the storm is as to where it would stop and I mean, you could have the Sound flopping against the piers at Claudio's. So I agree, something needs to be done there and it needs to be done quick and can the town do it? Probably not but the town can certainly get behind it. Thank you. SUPERVISOR RUSSELL: Yes, I appreciate it Robert but this notion that we haven't been behind it just isn't fair... MR. DUNN: Oh, I am not suggesting you haven't been. SUPERVISOR RUSSELL: But someone else did, and the idea is, we've met, we've gone to every meeting, discussed the issue, I was out on site with Gil Andersen. I mean, you know, the town hasn't been sitting idly by. What we have been doing is discussing it to death like every other agency. That's why this Board really needs to say yes or no and I would like to think the Board will do that in two weeks so at least there's a clear understanding of our position as a Board. MR. DUNN: You know, if there was a breach by town beach and it went over into . Hashamomuck Pond, there would then be a breach at 25. I mean, where is it going to stop? Are we going to ultimately have a town that's several islands and then you are talking the cost of a bridge to get to the eastern end of it? it just won't go away and yeah, it may seem that it's the road and 20-30 houses that are in front of it but when it continues, where is it going to stop? It's going to affect everybody in this town, it's not just that little area. Thank you. SUPERVISOR RUSSELL: Would anyone else like to address the Town Board on any issue? Joseph Yennaro JOSEPH (INAUDIBLE): Hi; my name is Joseph (inaudible) and I live in the center of Hashamomuck Cove. One of the things I wanted to bring up, I came late so I apologize if I am repeating something already said, I apologize. I am going based on my experience and I have been there since the 1970's. I have heard comments at previous meetings where there is discussion about it was just poor real estate investment and we shouldn't have bought homes that are that close to the water but my son is 18 years old and I have videotapes of my son running the width of the beach when it was 40 feet wide when he was three and four years old. So in 15 years we have lost 40 feet of beach horizontally and I would estimate six feet of beach vertically from where my house is which is basically the center of Hashamomuck. That is not standard Southold Town Board Regular Meeting January 16, 2018 page 54 degradation or standard erosion, that is accelerated erosion. There is a series of groins that run from town beach all the way to the western end of Hashamomuck Cove and when that last groin was filled, that groin, if you know how the sound works, everything to the west of the groin is protected and everything to the east of the groin is destroyed, so without that, everything from Hashamomuck all the way east of that has suffered. So when these things were grandfathered in or when they were built back before anyone was paying attention, back when the beach was so deep it didn't really matter but it's had an effect and that effect has been very, very accelerated because of this. So this is not a typical erosion situation. This is a very specific erosion situation in a very specific area. And there are precedents in other communities for things to be fixed like this, the Jersey shore, the Hamptons, where everybody has come in and done the beach replenishment. When the Jersey shore was destroyed a few years ago, that was a much more recent storm event than what we have suffered over the last 15 years, but that's already been fixed. So we are still sitting here trying to solve the problem that we really need to get behind. Thank you. SUPERVISOR RUSSELL: Thank you. Would anyone else like to address the Town Board? Yes? Robert Dunn MR. DUNN: I just wanted to say also, when Jamie did that work and it should be noted, he did it with town employees, their work should be noted, too. Supervisor Russell SUPERVISOR RUSSELL: Would anyone else like to address the Town Board? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:52 P.M. Eliz eth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Ghosio, Evans, Russell ABSENT: Jill Doherty