Southold Town Board              53095 Main Road

                            Southold, NY  11971

              Regular Meeting              www.southoldtownny.gov

 

              ~ Minutes ~              Elizabeth A. Neville

                            (631) 765 - 1800

 

Tuesday, March 21, 2017              7:30 PM              Meeting Hall

 

Call to Order

7:30 PM Meeting called to order on March 21, 2017 at Meeting Hall, 53095 Route 25, Southold, NY.

 

Attendee Name

Organization

Title

Status

Arrived

James Dinizio Jr

Town of Southold

Councilman

Present

 

William P. Ruland

Town of Southold

Councilman

Present

 

Jill Doherty

Town of Southold

Councilwoman

Present

 

Robert Ghosio

Town of Southold

Councilman

Present

 

Louisa P. Evans

Town of Southold

Justice

Present

 

Scott A. Russell

Town of Southold

Supervisor

Present

 

Elizabeth A. Neville

Town of Southold

Town Clerk

Present

 

William M Duffy

Town of Southold

Town Attorney

Present

 

I. Reports

1.              Program for the Disabled Monthly Report

2.              Justice Price Monthly Report

3.              Justice Hughes Monthly Report

4.              Recreation Department Monthly Report

5.              Zoning Board of Appeals Monthly Report

6.              Town Clerk Monthly Report

7.              Trustees Monthly Report

8.              Department of Public Works Monthly Report

II. Public Notices

1.              NYS Liquor License

III. Communications

IV. Discussion

1.              9:00 AM Donald Wilcenski, Planning Board Chairman

2.              9:15 AM Chief Flatley

3.              9:30 AM  Janet Douglass, Recreation Supervisor with Denis Noncarrow

4.              9:45 AM Jim Bunchuck

5.              10:00 AM Aaron Virgin, Group for the East End with John Betsch

6.              10:15 AM Denis Noncarrow with Jeff Standish

7.              10:30 AM Denis Noncarrow, Jeff Standish and Michael Collins

8.              10:45 AM Michael Collins

9.              Code Amendment to Chapters 275 & 280 - Banks and Bluffs

10.              Code Amendment to Section 280 - 122

11.              Code Amendment to Section 83-8 Dogs - Filing Complaints

12.              Update on 375 Ackerly Pond Lane Water Request

13.              Councilman Dinizio

14.              Councilman Dinizio

15.              Update on ZBA Interviews

16.              Update on Town Comptroller Interviews

 

              Motion To:              Motion to Enter Executive

RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 11:21AM for the purpose of discussing the following matters:

 

Labor - Matters Involving Employment of Particular Person(S)

11:30 AM Janet Douglass, Recreation Supervisor

11:45 AM Vincent Orlando and Jeff Standish

12:00 PM Judge Hughes, Leanne Reilly

 

Litigation/Potential Litigation

East Hampton Airport Litigation

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Louisa P. Evans, Justice

SECONDER:              William P. Ruland, Councilman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

17.              EXECUTIVE SESSION - Labor - Matters Involving Employment of Particular Person(S)

18.              EXECUTIVE SESSION - Litigation/Potential Litigation

 

              Motion To:              Motion to Exit Executive

RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at  1:57PM.

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Louisa P. Evans, Justice

SECONDER:              William P. Ruland, Councilman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

 

              Motion To:              Recess 9:00 AM meeting

RESOLVED that the Town Board of the Town of Southold hereby Recess this 9:00 AM meeting of the Town Board at 1:57PM until the Regular 7:30PM Meeting of the Southold Town Board.

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              William P. Ruland, Councilman

SECONDER:              Jill Doherty, Councilwoman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

Pledge to the Flag

 

              Motion To:              Reconvenes 9:00 AM meeting

RESOLVED that the Town Board of the Town of Southold hereby reconvenes the 9:00 AM meeting of the Southold Town Board at this 7:30PM Regular Meeting of the Southold Town Board.

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Scott A. Russell, Supervisor

SECONDER:              William P. Ruland, Councilman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

Opening Comments

              Supervisor Scott A. Russell

SUPERVISOR RUSSELL:  Please rise and join in the Pledge of Allegiance.  Thank you.  I would offer the opportunity for anybody that would like to address any of the agenda items to please feel free? 

              John Betsch,Kenny's Beach Civic Assoc

JOHN BETSCH:  Good evening, John Betsch, Southold.  I am here representing the Kenney’s/McCabe’s Civic Association, I just want to for resolution 260, the support letter for the Group for the East End application, just to thank the Board for their consideration as assumingly their approval of that letter.  If this happens and works out well, it’s really to the benefit of almost everybody.  The area residents, Peconic Dunes camp, Peconic Dunes attendees and the assets of the Town.  So I appreciate the Town’s consideration of this letter.

 

SUPERVISOR RUSSELL:  John, our appreciation is towards you.  For a community group that came together that’s trying to address an issue which is the health of Great Pond.  It’s a huge task and the fact that you are willing to take this on speaks volumes about your commitment to the community.  Thank you.  Would anybody else like to address any of the agenda items? 

              John Carter, Mattituck

JOHN CARTER:  John Carter, I live in Mattituck and I am a member of the Mattituck-Laurel Civic Association.  I am here tonight as a Board member to thank the Southold Town Board, Suffolk County, particularly Legislator Al Krupski and New York State for the attention they paid to the traffic intersection of Main Road, Love Lane and Old Sound Avenue in Mattituck.  It is my understanding that tonight a resolution is going to be passed to conduct a study of that intersection, engineering study, and on behalf of not only the Civic Association but also the many people that participated in the public meetings that we hosted, the people that participated in the round table that came up with the recommendations which we provided to the town, county and state.  On behalf of all of us, thank you so much for all your efforts, your attention and we look forward to participating in the project as it goes forward. 

 

SUPERVISOR RUSSELL:  Thank you very much.  We appreciate it. 

 

MR. CARTER:  You’re welcome. 

              Supervisor Russell

SUPERVISOR RUSSELL:  Would anyone else like to address the Town Board?  (No response)

V. Resolutions

1.              Resolution 2017-232

Next Town Board Meeting

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Louisa P. Evans, Justice

SECONDER:              Robert Ghosio, Councilman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

2.              Resolution 2017-200

Approval Field Use - UK Elite Strawberry Field

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              James Dinizio Jr, Councilman

SECONDER:              Jill Doherty, Councilwoman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

3.              Resolution 2017-233

Acknowledges Retirement Thomas W Smith

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Jill Doherty, Councilwoman

SECONDER:              William P. Ruland, Councilman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

              Comment regarding resolution 233

COUNCILWOMAN DOHERTY:  I want to thank him for his dedication for all these years.

 

SUPERVISOR RUSSELL:  Yes, I am just going to speak to that and say I wish him the best of luck but it is a big loss for this town.  He has absolutely been a stellar employee and an asset to everybody.  So congratulations on the retirement and we are sorry you are going. 

4.              Resolution 2017-234

North Shore Bike Tour

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              William P. Ruland, Councilman

SECONDER:              Louisa P. Evans, Justice

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

5.              Resolution 2017-235

Little League Parade

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Louisa P. Evans, Justice

SECONDER:              Robert Ghosio, Councilman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

6.              Resolution 2017-236

FI Electric Corp

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Robert Ghosio, Councilman

SECONDER:              Louisa P. Evans, Justice

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

7.              Resolution 2017-237

2017 Spring Clean Up

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              James Dinizio Jr, Councilman

SECONDER:              William P. Ruland, Councilman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

              Comment regarding resolution 237

SUPERVISOR RUSSELL:  Not to complicate the issue because I think we should vote for this as drafted but we eliminated commercial stickers earlier this year, so the reference to commercial versus residential is an issue I will resolve with the Superintendent. 

8.              Resolution 2017-238

Claim - Lillian Vishno

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Jill Doherty, Councilwoman

SECONDER:              William P. Ruland, Councilman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

9.              Resolution 2017-239

Solid Waste Budget Modification

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              William P. Ruland, Councilman

SECONDER:              Jill Doherty, Councilwoman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

10.              Resolution 2017-240

Appoint Katarzyna Asmolov Part Time Account Clerk Typist

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Louisa P. Evans, Justice

SECONDER:              Robert Ghosio, Councilman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

11.              Resolution 2017-241

Increase Salary of John Paradis

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Robert Ghosio, Councilman

SECONDER:              Louisa P. Evans, Justice

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

12.              Resolution 2017-242

2016 Budget Modification - FIFD

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              James Dinizio Jr, Councilman

SECONDER:              Jill Doherty, Councilwoman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

13.              Resolution 2017-243

Use of Tennis Courts by Southold School

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Jill Doherty, Councilwoman

SECONDER:              William P. Ruland, Councilman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

14.              Resolution 2017-244

Release Performance & Accept Maintenance Bond - Carter Melence

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              William P. Ruland, Councilman

SECONDER:              Louisa P. Evans, Justice

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

15.              Resolution 2017-245

Attend Seminar - 2017 APA National Planning Conference

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Louisa P. Evans, Justice

SECONDER:              Robert Ghosio, Councilman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

16.              Resolution 2017-246

2017 Budget Modification - Highway

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Robert Ghosio, Councilman

SECONDER:              Louisa P. Evans, Justice

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

17.              Resolution 2017-247

Memorandum of Agreement

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              James Dinizio Jr, Councilman

SECONDER:              William P. Ruland, Councilman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

18.              Resolution 2017-248

Purchase Truck

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Jill Doherty, Councilwoman

SECONDER:              William P. Ruland, Councilman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

              Comment regarding resolution 248

SUPERVISOR RUSSELL:  Can you quickly explain to everybody what this is about? 

 

COUNCILMAN RULAND:  I will quickly explain, well, it's rarely that I can quickly explain that the Highway Superintendent, as has been in  by the Town of Riverhead, has finally made a connection with the Office of General Services and is able to purchase surplus US Government equipment through the New York State Office of General Services at a fraction of the cost of new.  While the vehicles aren't new, they are very low mileage, some 10,000 miles or less.  Many of them have come from airports where they have been used in snow removal or moving heavy equipment and it's really a win/win for the town.  We have an aging fleet of super heavy plows, some of them date back to the 40's and the 50's and for insurance purposes we have been looking at ways of updating them to a much greater, newer model year and you are looking at a vehicle in the $135,000-$150,000 range, so this is something that the Highway Superintendent hopes that he will begin to use this program as well as for some other equipment upgrades that we are looking for. 

 

SUPERVISOR RUSSELL: That's actually $135,000 vehicle for less than $5,000. 

19.              Resolution 2017-249

SC Economic Development Funds

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              William P. Ruland, Councilman

SECONDER:              Jill Doherty, Councilwoman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

20.              Resolution 2017-250

Execute Agreement Between Town of Southold and Suffolk County Office of Community Development

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Louisa P. Evans, Justice

SECONDER:              Robert Ghosio, Councilman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

21.              Resolution 2017-251

Training

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Robert Ghosio, Councilman

SECONDER:              Louisa P. Evans, Justice

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

22.              Resolution 2017-252

Web Service Agreement

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              James Dinizio Jr, Councilman

SECONDER:              Jill Doherty, Councilwoman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

23.              Resolution 2017-253

Oysterponds UFSD 5K Run/Walk on May 17, 2014

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Jill Doherty, Councilwoman

SECONDER:              William P. Ruland, Councilman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

24.              Resolution 2017-254

Police Department-Budget Modification

RESULT:              ADOPTED AS AMENDED [UNANIMOUS]

MOVER:              William P. Ruland, Councilman

SECONDER:              Louisa P. Evans, Justice

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

25.              Resolution 2017-255

Appoint Renee Harvey to Tax Cashier

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Louisa P. Evans, Justice

SECONDER:              Robert Ghosio, Councilman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

26.              Resolution 2017-256

Advertise for Maintenance Mechanic I

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Robert Ghosio, Councilman

SECONDER:              Louisa P. Evans, Justice

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

27.              Resolution 2017-257

FIFD - Damage Claim

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              James Dinizio Jr, Councilman

SECONDER:              Jill Doherty, Councilwoman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

28.              Resolution 2017-258

2017 Budget Modification - Highway

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Jill Doherty, Councilwoman

SECONDER:              William P. Ruland, Councilman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

29.              Resolution 2017-259

Waste Oil Fee

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              William P. Ruland, Councilman

SECONDER:              Louisa P. Evans, Justice

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

30.              Resolution 2017-260

Support Letter for Group for the East End Grant Application

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Louisa P. Evans, Justice

SECONDER:              Robert Ghosio, Councilman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

31.              Resolution 2017-261

Zoning Board of Appeals Appointment

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Robert Ghosio, Councilman

SECONDER:              William P. Ruland, Councilman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

32.              Resolution 2017-262

Police Advisory Committee Appointment

RESULT:              TABLED [UNANIMOUS]              Next: 3/28/2017 4:30 PM

MOVER:              James Dinizio Jr, Councilman

SECONDER:              William P. Ruland, Councilman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

33.              Resolution 2017-263

PH 4/25/17  4:31 PM - LL Ackerly Pond Water

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Jill Doherty, Councilwoman

SECONDER:              William P. Ruland, Councilman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

34.              Resolution 2017-264

Steele Dev Rights Elect to Purchase/SEQRA

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Louisa P. Evans, Justice

SECONDER:              Robert Ghosio, Councilman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

35.              Resolution 2017-265

SEQRA LL CPF Management & Stewardship Plan 2017

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Louisa P. Evans, Justice

SECONDER:              William P. Ruland, Councilman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

36.              Resolution 2017-266

Enact LL #4 - Chapter 17

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Louisa P. Evans, Justice

SECONDER:              Robert Ghosio, Councilman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

 

              Motion To:              Motion to recess to Public Hearing

RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 7:58 PM in order to hold a public hearing.

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Louisa P. Evans, Justice

SECONDER:              William P. Ruland, Councilman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

VI. Public Hearings

              Steele Dev Rights - Set P.H. for 3/21/2017

COUNCILMAN GHOSIO:  NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, March 14, 2017, March 21, 2017 at 7:31 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by David L. Steele and Sherry R. Steele. Said property is identified as part of SCTM #1000-108.-2-7.1. The address is 12500 County Road 48 in Mattituck. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated at the southeasterly corner of the intersection at County Road 48 and Elijah’s Lane in Mattituck, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 16.388± acres (subject to survey) of the 19.388± acre parcel.

 

The exact area of the proposed acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $64,000 (sixty-four thousand dollars) per buildable acre, or approximately $1,048,832.00 (one million forty-eight thousand eight hundred thirty-two dollars) for the 16.388± acre easement, plus acquisition costs. Purchase price may be adjusted at time of closing based on final survey acreage determination.

 

The property is listed on the Community Preservation Project Plan List of Eligible Parcels as property that should be preserved due to its agricultural value.

 

FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375

 

 

Route 25, Southold, New York, and may be examined by any interested person during business hours.

 

I do have here an affidavit that this was printed in the Suffolk Times and also an updated notice changing the date from last week to this week.  I do have a memorandum from the LWRP coordinator, Mark Terry, that this proposed action is consistent with the policy standards and it is consistent with the LWRP.  And I have a legal notice and this was posted on the Town Clerk’s bulletin board.  That is it. 

 

SUPERVISOR RUSSELL:  Would anyone like to address the Town Board on this?  Melissa? 

 

MELISSA SPIRO:  Land Preservation Coordinator, Melissa Spiro.  As noticed this public hearing is for the town to acquire development rights easement for ag purposes on just over 16 acres.  The farm is on the list of eligible parcels, it is going to be funded with CPF and the final purchase price will be based on the surveyed acreage at $64,000 an acre.  The farm shown outlined in red up front.  The Land Preservation Committee makes recommendations to the Town Board regarding ag properties for preservation and the Committee had absolutely no hesitation recommending the preservation of this farm.  It contains over 90 percent prime ag soils, it is adjacent to other preserved farms and it lines within a very large block of other preserved active farms.  I drew a mile radius from this property and within the mile radius there is all or part of other protected farms that total over 1,000 acres.  The landowners intend to exclude an area about three acres including the existing house and barns from the sale of development rights as designated, as you can see on the dotted white lines within the property lines.  The area will remain linked to the preserved farm in perpetuity.  The exact area, excluded area, will be determined when the property is surveyed.  The preservation of the farm is supported by the Land Preservation Committee and is recommended that the Town Board proceed with the project as proposed.  Thanks. 

 

SUPERVISOR RUSSELL:  Thank you.  Would anybody else like to address the Town Board on this particular local law? 

 

 

COUNCILMAN RULAND:  I think I would.  As Melissa said, it’s sometimes hard looking at a map when you are trying to visualize what this entails but what you are really looking at in the eastern part of Mattituck is a parcel that’s in the prime agricultural region and coupled together with the parcels around it within a mile, create and solidify a block of preserved land that is really important to the community as a whole and especially that whole corridor along Route 48, where it fronts on Route 48.  On a personal note, I would like to thank Mr. and Mrs. Steele, who are friends of mine, that they have seen fit to do this.  it is strictly voluntary as everyone knows and it is a huge commitment and the Town of Southold and it’s Land Preservation programs and goals are really better served for it. 

 

 

 

 

SUPERVISOR RUSSELL: I would echo Councilman Ruland’s appreciation of the Steele’s, I want to thank them very much.  Anyone else?  (No response). 

RESULT:              CLOSED [UNANIMOUS]

MOVER:              Louisa P. Evans, Justice

SECONDER:              Jill Doherty, Councilwoman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

              PH 3/21 7:32 PM - L.L. in Regard to Chapter 17

COUNCILMAN GHOSIO:  NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 28th day of February, 2017, a Local Law entitled “A Local Law in relation to the Town of Southold Community Preservation Fund Management and Stewardship Plan 2017”; 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 14th day of March, 2017 21st day of March, 2017 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard.

 

The proposed Local Law entitled, “A Local Law in relation to the Town of Southold Community Preservation Fund Management and Stewardship Plan 2017” reads as follows:

 

LOCAL LAW NO.           2017

 

A Local Law entitled, “A Local Law in relation to the Town of Southold Community Preservation Fund Management and Stewardship Plan 2017”.

 

BE IT ENACTED by the Town Board of the Town of Southold as follows:

 

I.              PURPOSE

In compliance with the Peconic Bay Community Preservation Fund, the Land Preservation Department has prepared a Community Preservation Fund Management and Stewardship Plan for real property interests acquired through the fund.  This Plan must be adopted by local law and all expenditures from the fund for management and stewardship functions must be in compliance with the terms of the Plan.

 

II.              Chapter 17 of the Code of the Town of Southold is hereby amended as follows:

 

§17-13.1.  Community Preservation Fund Management and Stewardship Plan adopted.

 

              The Town Board of the Town of Southold hereby approves and adopts the Town of Southold Community Preservation Management and Stewardship Plan 2015 2017 for real property interests acquired by use of moneys from the Town of Southold Community Preservation Fund, prepared by the Land Preservation Coordinator, presented to the Town Board during the Work Session of February 24, 2015 14, 2017 and intended to be the management and stewardship plan required by § 64-e (6) of the New York State Town Law.

III.              SEVERABILITY

If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.

 

IV.              EFFECTIVE DATE

This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.

 

I have an affidavit that the announcement was published in the Suffolk Times and on the Town Clerk’s bulletin board and that is it. 

 

SUPERVISOR RUSSELL:  Would anybody like to address the Town Board on this particular local law? 

 

MELISSA SPIRO:  Land Preservation Coordinator.  The Committee Preservation Fund Management Plan details proposed expenditures from the Community Preservation fund for management and stewardship projects within the year 2017.  The plan was prepared by John Sepenoski, Jeff Standish and Jim McMahon.  It includes a list of properties acquired with CPF funds for open space purposes and the proposed projects and costs estimates for each project in 2017.  Included in the plan does not mean that the Town will proceed with the particular project, that’s still subject to the Town Board adopting a management plan for the specific project, prioritization of the projects and or Town Board approval for the specific projects.  The plan includes funding for the Department of Public Works to sustain public access on the preserves officially open to the public, for general supplies and equipment to do the work, for general signage on the properties, for deer management on CPF properties and for other specific projects as detailed in the plan.  A significant amount of the projects are part of the Bay to Sound Integrated Trails Initiative project for which the Town was awarded a grant of $245,000 of a LWRP grant.  The Bay to Sound projects on the CPF lands involve around  $127,000 of the awarded grant and include such improvements as the installation of boardwalks, parking lots, observation blinds and the hiring of contractors to demolish the house on the town property known as the Sill property.  The complete list of the projects is listed in the plan.  The town will be reimbursed for the grant eligible projects.  John Sepenoski put countless hours into the grant proposal and I am sure he will do the same as part of the implementation.  I would like to recognize and thank him for all his efforts for which I am sure will be a fantastic trail system when this is all complete.  The Committee has reviewed this plan and they support the Town Board adoption of this local law.  Thank you. 

 

SUPERVISOR RUSSELL:  Thank you. 

 

COUNCILMAN GHOSIO:  I would just like to take this, it’s a good opportunity to recognize the work that the Land Preservation Committee does.  You can see the result of their hard work in both these hearings tonight.  Being the liaison to the Committee, I can tell you that this group of volunteers spends an incredible amount of time from month to month working on this, on our program.  It’s truly appreciated and you are noting all the work that John Sepenoski does, it’s incredible.  It is appreciated and I just wanted to recognize that group tonight because obviously we have done a lot of work. 

 

SUPERVISOR RUSSELL:  Oh, I would go further and recognize you as the liaison to the Town Board, all that hard work they are doing, you are representing us every step of the way. 

 

COUNCILMAN GHOSIO:  Thank you. 

 

SUPERVISOR RUSSELL:  Anybody else?  (No response)

RESULT:              CLOSED [UNANIMOUS]

MOVER:              Louisa P. Evans, Justice

SECONDER:              William P. Ruland, Councilman

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell

Closing Comments

              Supervisor Russell

SUPERVISOR RUSSELL: That finishes the business of the agenda.  Would anyone like to address the Town Board on any issue? 

              Robert Dunn, Peconic

ROBERT DUNN:  Robert Dunn, Peconic.  I got stuck in Zurich last night, so I wasn’t able to be here this morning.  There was a discussion about the county dredging thing? 

 

SUPERVISOR RUSSELL:  Yes. 

 

MR. DUNN:  Can you give me a little update on it? 

 

SUPERVISOR RUSSELL:  I will let Bob or Jill speak to the issue, they have much better understanding of dredging and the county role in dredging. 

 

COUNCILWOMAN DOHERTY:  The town engineer was just bringing the Town Board up to date on some of the changes the county is implementing which is basically having the onus of a lot of the work, the paperwork and the things to be collected to get a permit, to put that on the town, on the local towns for the new projects and with reference to where you live, Goldsmiths Inlet if we wanted to dredge that, they would consider that a new project.  So the town would have to do soil testing and things like that. 

 

MR. DUNN:  Even though there is already a permit? 

 

COUNCILWOMAN DOHERTY:  Yes. 

 

MR. DUNN: Okay.

 

COUNCILWOMAN DOHERTY:  Their interpretation of a new dredge permit doesn’t mean that the place has never been dredged before, it’s just that when you do a new permit, the town has to do a lot of the legwork that the county has done in the past for all the towns. 

 

MR. DUNN:  Okay. 

 

COUNCILMAN GHOSIO:  and I lamented the fact that having been through this before, that we can do all the legwork and spend the money to get all this stuff done and have it approved by the county dredge committee like we have with Klipp Park which was approved for dredging five years ago after I presented it to them and then just have it sit there and nothing happen.  It’s been five years, so I am a little…

 

MR. DUNN:  Oh, I understand.  They are not committing to dredging, they are just saying you got to get the permit.  But in the case of Goldsmiths, I think there’s an open permit. 

 

SUPERVISOR RUSSELL:  I think we can continue to dredge permit, only if it’s transferred….

 

COUNCILWOMAN DOHERTY:  Yes, that permit is still valid and we can dredge tomorrow…

 

MR. DUNN:  At the end of that permit, then you are going to have to go through, okay, I will follow up Michael. 

 

SUPERVISOR RUSSELL:  And a lot of it is environmental driven. 

 

MR. DUNN:  I understand. 

 

SUPERVISOR RUSSELL: They have staff at the county level to do that, staff hired specifically to do that.  So they are taking and pushing those costs and that work onto the towns.  It is not a mandate, it is essentially a mandate without being one.  It’s ridiculous. 

 

MR. DUNN:  Okay. My second question is related to having lost some more hair last Tuesday, watching the Sound come in and our discussions about catastrophic losses, are those discussions…

 

SUPERVISOR RUSSELL:  It was part of the work session today.  We are taking the codes from other towns to use as a template.  The town board has decided that the one that was closest to our intent which was Riverhead’s which allows for the reconstruction of pre-existing, non-conforming structures based on the same dimensions.  There are some details we need to work out, FEMA compliance and all of that. 

 

MR. DUNN: FEMA compliance is FEMA compliance but I mean like FEMA compliance, just to give a for instance because we all know where that Mill Lane farm is, I mean that house wouldn’t be subject to FEMA stuff but it could have a catastrophic loss. 

 

SUPERVISOR RUSSELL:  Absolutely.  We were just talking about where you have a two story house right now and try to rebuild, FEMA compliance you end up with a three story house where the first story is a basement that’s elevated.  Should we look at the existing heights, new heights to accommodate FEMA?  But the intent of the board is that certainly allow for the reconstruction. 

 

MR. DUNN:  Okay. And there are a lot of houses in the Town that are outside of FEMA, so FEMA doesn’t even come into play there. 

 

SUPERVISOR RUSSELL:  Yes, exactly right. 

 

MR. DUNN: And those people shouldn’t be caught in…

 

SUPERVISOR RUSSELL:  Little arcane details.  We agree.  But the intent of the board is to allow it. 

 

MR. DUNN:  Okay, thank you. 

              Supervisor Russell

SUPERVISOR RUSSELL:  Anybody else?  (No response)

 

              Motion To:              Adjourn Town Board Meeting

RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:19 P.M.

                            *                            *                            *                            *                            *

 

 

 

 

                                                                                             Elizabeth A. Neville

                                                                                             Southold Town Clerk

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              William P. Ruland, Councilman

SECONDER:              Louisa P. Evans, Justice

AYES:              Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell