HomeMy WebLinkAboutTB-08/13/2013
ELIZABETH A. NEVILLE osotr To\cn Hall,?309~ Main Road
TOWN CLERK FO Boy 1179
a Southold, NY 11971
REGISTRAR OF VITAL STATISTICS Fax (631) W-6145
MARRIAGE OFFICER ~~ol # Aao°.~' Telephony (631) 765 - 1800
RECORDS MANAGEMENT OFFICER southoIdtown.northfork. uet
FREEDOM OF INFORMA IION OFFICER
OFFICE OF THE TOWN CLERK
SOUTHOLD TOWN BOARD
REGULAR MEETING
August 13, 2013
4:30 PM
A Regular Meeting of the Southold Town Board was held Tuesday, August 13, 2013 at the
Meeting Hall, Southold, NY.
Call to Order
4:30 PM Meeting called to order on August 13, 2013 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
Christopher Talbot 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
Martin D. Finnegan Town of Southold Town Attorney Present
1. Reports
1. Justice Rudolph H. Bruer
2. Island Group Employee Health Care Plan
3. Special Projects Coordinator
4. Zoning Board of Appeals
5. Town Clerk Monthly Report
6. Program for the Disabled Monthly Report
7. Town Budget Report
8. Planning Board Monthly Report
Page 1
Aueust 13. ?013 Page
Southold Town Board Meeting
IL Public Notices
I. NYS Liquor License Renewal Application
2. Suffolk County Dept. of Economic Development & Planning: Proposed Shellfish
Aquaculture Lease Assignments
3. US Army Corps of Engineers
HL Communications
IV. Discussion
1. 9:00 Am - Neb Brashich, Chairman of the Transportation
2. 9:20 Am - Heather Lanza, Planning Director
3. LL/Plum Island & Marine 11 Zoning (PH Tonight)
4. LL/Removal and Revision of Parking Restrictions on Inlet Road (Aka Mill Lane) and Mill
Road in Area Between Rt 48 & Goldsmith Inlet
5. 11:00 Am - Mark Terry
6. EXECUTIVE SESSION - Labor
7. EXECUTIVE SESSION - Litigation
8. Motion To: Motion to Enter Executive
RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session
at 9:38 AM for the purpose of discussing the following matters:
- Matters Involving Employment of Particular Person/s
- Update on CSEA Negotiations
- Update on PBA Negotiations
- Town of Southold v. Rose's Vineyard, LLC and Joseph Paul Winery. Inc. dba Vineyard 48
RESULT: ADOPTED JUNANIMOUSJ
MOVER: Louisa P. Evans. Justice
SECONDER: Christopher Talbot, Councilman
AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell
9. Motion To: Motion to Exit Executive
RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this
Executive Session at 10:40AM.
\U"USt 13. 2013 Pace 3
Southold I own Board Meeting
RESULT: ADOPTED ]UNANIMOUS]
MOVER: Jill Doherty. Councihoman
SECONDER: James Dinizio Jr, Councilman
AYES: Dinizio Jr, Roland, Doherty, Talbot, Evans, Russell
10. Motion To: 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 fown Board at 12:12 PM until the Regular 4:30 PM Meeting of the Southold
Town Board.
RESULT: ADOPTED ]UNANIMOUS]
MOVER: William P. Ruland, Councilman
SECONDER: Jill Doherty, Councilwoman
AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell
Pledge to the Flay
11. Motion To: Reconvenes 9:00 AM meeting
RESOLVED that the Town Board of the Town of Southold hereby reconvenes the 9:00 AM
meeting of the Southold Town Board at this 4:30PM Regular Meeting of the Southold Town
Board.
RESULT: ADOPTED ]UNANIMOUS]
MOVER: Scott A. Russell, Supervisor
SECONDER: William P. Ruland, Councilman
AYES: Dinizio Jr, Roland. Doherty, Talbot, Evans, Russell
Opening Comments
Supervisor Scott A. Russell
SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance. Thank you. At this
time I would invite anybody that would like to address the Town Board on any of the agenda
items to please feel free? I believe we have some public hearings, so those items would be held
separately at the public hearing but any of the agenda items, if you would like to address the
Town Board at this time?
Peter Terranova, Peconic
PETER TERRANOVA: Peter Terranova, Peconic. This is not a specific agenda item but I was
not able to attend the work session today and I was wondering if the new design dynamics report
on Goldsmiths Inlet could be put on the website so that interested parties don't have to get
copies?
SUPERVISOR RUSSELL: We agree, actually we directed Mark Terry to make sure that takes
place today. So it will be on the website.
MR. TERRANOVA: Oh, good. 't'hank you.
ALIUllSl 13_''01 ; Pa,-,c 4
Southold Mown Board Meeting
Supervisor Russell
SUPERVISOR RUSSELL: Would anybody else like to address anv of the agenda items?
V. Resolutions
2013-600
CATEGORY. Audit
DEPARTMENT: Town Clerk
Approve Audit
RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated
Au ust 13 2013.
? Vote Record - Resolution RES-2013-600
0 Adopted
? Adopted as Amended
? Defeated N es/Ave No/Nay Abstain Absent
? Tabled
? Withdrawn James Dinitiu .Ir Voter 0 El ? ?
? Supervisor's Appl William P_ Ruland Voter 0 11 ? ?
? Tax Receiver's Appt Jill Dohenv Voter 0 ? ? ?
? Rescinded Christopher Talbot Seconder 0 ? ? ?
? Town Clerk's Appt Louisa P. Evans Mover 0 ? ? ?
? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ?
? No Action
? Lost
2013-601
CATEGORY: Set Meeting
DEPARTME;N7' Town Clerk
Set Next Regular Meeting
RESOLVED that the next Regular'fown Board Meeting of the Southold Town Board be held,
Tuesday, August 27, 2013 at the Southold Town Hall, Southold, New York at 7:30 P.M..
? Vote Record - Resolution RES-2013-601
0 Adopted Ies/Aye No/Nay Abstain Absent
? Adopted as Amended
? Defeated James Dinizio It Voter 0 ? El ?
? Tabled William P. Roland Voter 0 ? ? ?
? Withdrawn Jill Dohery Voter 0 ? ? ?
? Supervisor's Appt Christopher Talbot Seconder 0 ? ? ?
? Tax Receiver's Appt Louisa P. Leans Mover 0 ? ? ?
? Rescinded Scott A_ Russell Voter 0 ? ? ?
\[luost 13.'_ O1 ; P'1~1C
Southold Town Board iNleeting
? Snt,l i nPpi
? No Action -
? Lost
2013-602
Tabled 713012013 7:30 PM
CATEGORY: Enact Local Law
DEPARTMENE Town Clerk
Enact Local Law Amended Chapters 83 and 193 - Dogs in Recrealion Areas
WHEREAS, there had been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 18th day of June, 2013, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 83, Animals, and Chapter 193, Parks and Recreation
Areas, in connection with Control of Does or Domestic Animals throughout the Town" and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 30th day of
July, 2013, at 7:32 p.m, at which time all interested persons were given an opportunity to be
heard, now therefor be it
RESOLVED the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, "A Local Law in relation to Amendments to Chapter 83, Animals, and
Chapter 193, Parks and Recreation Areas, in connection with Control of Dogs or Domestic
Animals throughout the Town" reads as follows:
LOCAL LAW NO. 5 of 2013
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 83, Animals, and
Chapter 193, Parks and Recreation Areas, in connection with Control of Dogs or Domestic
Animals throughout the Town".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
1. Purpose.
The purpose of these Amendments is to protect the health, safety and wellbeing of Town
residents and guests using Town recreational areas by enacting regulations pertaining to
control of dogs and other domestic animals throughout the Town and on Town-owned
recreational areas, beaches, children's play areas, picnic areas, athletic fields and trails.
II. Chapter 83 of the Code of the Town of Southold is hereby amended as follows:
§83-6. Prohibited activities.
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Southold town Board Meeting
It shall he wilavv 1111 for am person owning. harboring- in possession ol, or in control of
an) dog(s) or domestic animal( s) in the Town of Southold to permit or allova such doggy
or domestic animal(s) to:
A. Run at large elsewhere other than upon the premises of the owner or custodian
-a-Fd dog shall be on a leash or aeeampanied by a person at least 12 yeafs a
age, having adequate control of such do or unless it be upon the premises of
another person with the knowledge and consent of such person. For tile plarpose E)
this artiele a dog ardogs h..., t'..,.: •,'th a hunt`,..'" higAers shall b-e
a d h their owners.
B. Run at large other than upon recreational areas subject to the provisions of § 193-
. 3.1.
A.C. Engage in habitual howling or barking or conduct itself in such a manner as to
habitually annoy any person other than the owner or person harboring such dog.
C. D. Cause damage or destruction to property other than the property of the owner or
person harboring such dog.
1).E. Chase or otherwise harass any person in such manner as reasonably to cause
intimidation or to put such person in reasonable apprehension of bodily harm or
injury.
Ill. Chapter 19' of the Code of the Town of Southold is hereby amended as follows:
§193-3.1. Regulations concerning dogs or domestic animals.
A. Dog(s) or other domestic animal(s) are permitted on the following Town-owned
recreation areas and subject to the following conditions:
I . Parks, picnic areas, children's play areas, trails and/or athletic fields, if the
dog or domestic animal is on a leash and restrained no more than four feet
from the owner or custodian at all times.
2 Beaches, if the dog or domestic animal is restrained on a leash from May
through October 1 between the hours of 9:00 a.m. and 6:00 p.m.
3. Town designated dog runs with no leash required.
B. Dog(s) or other domestic animal(s) are not permitted on the following Town-
owned recreation areas:
1. Parks, picnic areas, children's lay areas and/or athletic fields and trails
that are posted with signage indicating "Dog(s) or Domestic Animal(s)
Prohibited":
2. Designated bathing beaches during such times that a lifeguard is on duty.
Designated bathing beaches include Goose Creek Beach, Kenny's Beach,
Norman E. Klipp Marine Park Beach, McCabe's Beach, New Suffolk
Beach, Southold Town Beach and anv other bathing beach designated by
the Town Board in a duly adopted resolution;
3. Land that is within 50 feet of any recreation area that is posted for
protection of ping plovers and other endangered species.
C. Unless otherwise stated herein, where dog(s) or domestic animal(s) are permitted
on Town-owned recreation areas, the dog(s) or domestic animal(s) shall be under
immediate supervision and control of the owner or custodian with the ability to
immediately leash the dog(s) or domestic animal(s).
1u,_ust 1 ^Ol 1 1'a~~c 7
Southold t own Board Mcctinp
I). I hC Icashim rcxluirenlenu_oi-this Section shall not apple to a dol-) ordols huntin11
In the Company Of a hunter or hunters on recreational areas where hunting is
permissible or to bonafide service dohs.
E. All dogs permitted on Town-owned recreation areas shall have a collar that
adequately displays a valid dog license.
F. All dog(s) or domestic animal(s) waste shall be removed in accordance with ~83-
18(B).
§193-9. Behavior and conduct.
No person shall:
A. Be present in any recreational area while under the influence of intoxicating
liquor.
B. Bfing a dog or ether domesti I into weeFeationa1-rears other than
herein shall be constfued as PeFffliffifig the running of dogs a! lafge. All d - .
these afeas where such anifnals are In A shall b d all
adequate leashes not gfeateF than four Peet in length.
E.B Build or attempt to build it lire except in such areas and under such regulations as
may be designated by the Superintendent.
D.C Fail to produce and exhibit any permit from the Superintendent which he claims
to have upon request of any authorized person who shall desire to inspect the
same for the purpose of enforcing compliance with any law or rule.
E.D Disturb or interfere unreasonably with any person or party occupying any area or
participating in an activity under the authority of a permit.
F.E Erect any structure, stand or platform or hold any meetings, perform any
ceremony, make a speech or address, exhibit any performance or form any parade
or procession in any recreational area without first obtaining authorization.
IV. 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.
V. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
? vote Record - Resolution RF.S-2013-602
0 Adopted Yes/Ave No/Nay Abstain Absent
? Adopted as Amended James Dinizio Jr Mover ? 0 ? ?
? Defeated
William P. Roland Voter 0 ? ? ?
? "railed
Jill Doherty Voter 0 ? ? ?
? Withdrawn
? Supervisor's Appt Christopher Talbot Seconder 0 L1 ? ?
? Tax Receivers Appt Louisa P. flvans Voter 0 ? El ?
? Rescinded Scott A. Russell Voter 0 ? ? ?
? Town Clerk's Appt
\ucu,t I 201 ; Page 8
Southold I oevt Board Meeting
u ypI - -
? X„ Action
? Lost
Comment regarding resolution 602
COT TNCTLMAN DINTZIO: I just want to sav one thing before I vote. I listened intently to both
sides of the story and I find that there are reasons, I don't know why, the way law is currently.
The current law is the simplest to enforce. No dogs on town owned beaches. I believe the
reasons for this are 1: dog waste on beaches is a health problems. While I recognize that there
are probably more good dog owners than bad, anyone walking alongside any street in town
would be able to determine that there are enough un-thoughtful dog owners to assume that the
same thing would not happen on our beaches. These are the same beaches that our children
walk, barefoot on and can anyone guarantee that the waste isn't being washed into the water? Is
there anyone in this room that hasn't tasted salt water? 2. Dogs on the beach with strangers is at
best, a nerve wracking situation. While I realize that most dog owners think their dogs are
controllable, that same confidence can't be expected of someone who doesn't know the dog or the
owner for that matter. I realize that this attempt to come to reasonable accommodation for dog
owners, to exercise their dogs on the beach, I am confident that this law gets us no closer to
better enforcement then the current one, therefore I vote no.
COUNCILWOMAN DOHERTY: Before I vote I would just like to say that I do agree with a lot
of what Jim is saying and I do anticipate revisiting the law in the future, listening to a lot of
people talk in this past year, I feel this is a good compromise to see how we can all live in this
town with how we want to live and beaches are a big part of everybody's lives out here and while
it is simple to say no dogs on the beach and Jim is right that that's the easiest way to enforce, I
think we owe the people a chance to try and compromise and see how this goes. And maybe we
will come back and say, okay, dogs have to be on leashes al I the time but for now, this is, I think
the best compromise we can come up with and I vote yes.
COUNCILMAN TALBOT: I first want to say thank you to Councilwoman Doherty for taking
this on, this is not, as we can see it has taken so long to try to come up with a good negotiation
compromise but I thank her for her work on this. The current law that we have in place, as Jim
referred to, just have to say it is unenforceable. It hasn't been enforced strictly, where everybody
knows. The amount of dogs that are running the beaches and around town now, I think that
many good negotiation or compromise, the best one would be were both sides are a little
unhappy. I think that is the case in this instance, I am willing to go forward with this to see
where we go with it and as Jill said, maybe revisit it but I will vote yes.
SUPERVISOR RUSSELL: Yes, 1 am going to echo the sentiments of the others and suggest that
as a result of this new legislation, a loosening of the rules, puts new responsibilities on dog
owners to prove that they are considerate and responsible. It also puts burdens and
responsibilities on the town that we need to enforce any new rule. I am willing to revisit this
Au U' u,t 1 013 h.IL,c o
Southold Iown Board Meeting
slue. i t vvc can't u'ct the job done and itcio-~ owner, don't procr chat they need to proN e but I
vote yes.
2013-603
CATEGORY: Contracts, Lease & Agreements
DEPARTMENT: Town Attorney
SCAREIS Sub-License Agreement W/Peconic Green Growth
RESOLVED that the 'town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Sub-License Agreement between the Town of
Southold, the Suffolk County Real Property Tax Service Agency, and Peconic Green Growth,
regarding the Suffolk County Advanced Real Estate Information System (AREIS) and Tax Map
License Program, at no cost to the Town, subject to the approval of the Town Attorney.
V vote Record - Resolution RLS-2013-603
2 Adopted -
? Adopted as Amended
? Defeated
1rsL\n No/Nac Abstain Absent
? l4ihkd
? Withdrawn James Dinizio Jr Voter Id ? ? ?
? Supervisor's Appt William P. Roland Seconder El ? ? ?
? Tax Receiver's Arta Jill Doherty Mover 0 ? ? ?
? Rescinded Christopher Talbot Voter El ? ? ?
? Town Clerk's Appt Louisa P. Fears Voter El ? ? ?
? Supt Hgwys Appt Scott A. Russell Voter El ? ? ?
? No Action
? Lost
2013-604
CATEGORY. Contracts, Lease & Agreements
DEPARTMENT. Town Attorney
Conlrac't (7000259 W/NYS DOS Walershed/Sewershed Mapping
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and the
New York State Department of State in connection with the Town of Southold Watershed and
Sewershed Mapping (Contract #Cl000259), at a cost of $33,955.00, which represents local
share, subject to the approval of the Town Attorney.
Vote Record- Resolution RES-2013-604
o Adopted Vcs/A)e No/Nay Abstain Absent
? Adopted as Amended James Dinizio h Voter o ? ? ?
? Defeated William P. Roland Mover 23 ? ? ?
? Tabled Jill Doherty Voter o ? ? ?
\ucu,t I '.'_O1 IU
Southold Ioevn Board Mccting
? AAiihJiarrn rhri.i~ylxrl,dlni Anwr u Ii ? u
? Supen Ix(V App1 nws:i I'. I an+ Seconder ~ ? ? ?
? 1 ac Receiver's Appt Sco11 A. Russell Voter [a ? ? ?
? Rescinded
? Town C'lerk's Appt
? Supt I l,owys Appt
? No Action
? Lost
2013-605
CATEGORY. Property Usage
DEPARTMENT` Recreation
Approve Southold High School Use of Tennis Courts
RESOLVED that the Town Board of the 'Town of Southold hereby grants permission to
Southold High School to use 6 tennis courts at Tasker & Jean Cochran parks for varsity
and JV matches for a total of 11 days beginning September 9 and ending on October 11,
dates to be coordinated with the Southold Town Recreation Department. The applicant must
file with the Town Clerk's Office a One Million Dollar Certificate of Insurance naming the
Town of Southold as additional insured, subject to the approval of the Town Attorney.
-K Vote Record - Resolution RES-2013-605
0 Adopted
? Adopted as Amended
? Defeated
Yes/Aye No/Nay Abstain Absent
? Tabled
El Withdrawn James Dinizio Jr Voter ? ? ?
? Supervisor's Appt William P. Roland Voter 0 ? ? ?
? Tax Receiver's Apia Jill Doherty Voter Q ? ? ?
? Rescinded Christopher Talbot Seconder D ? ? ?
? Town Clerk's Appt Louisa P. Evans Mover 0 ? ? ?
? Supt Hgwys Appt Scott A. Russell Voter El ? ? ?
? No Action
? I.ost
2013-606
CATEGORY. Litigation
DEPARTMENT: Town Attorney
The Town Attorney's Office to Commence an Action in Supreme Court, Suffolk County, Against Basso
Motors Manufacturing and Equipment Repair, LLC
.fin lust
Southold fotul Board Mcetina
RESOLVED that the Town Roadd of the 10N\n of Southold hereby authorizes and directs the
Town Attorney's Office to commence an action in Supreme Court, Suffolk County, against
Basso Motors Manufacturing and Equipment Repair, LLC to recover money damages for breach
of implied or express warranty and breach of contract .
V Vote Record - Resolution RES-2013-606 -
0 Adopted
? Adopted as Amended
? Defeated - -
F'esLAve No/Nar Abstain Absent
? Tabled
? Withdrawn James D1111/1' Or Voter 0 ? ? ?
? Supervisor's Appi William P. Roland Seconder 0 ? ? ?
? Tax Receiver's Appt Jill Doherty Voter 0 ? ? ?
? Rescinded Christopher lalhol Mover 0 ? ? ?
? Town Clerk's Appt Louisa P. Evan. Voter 0 ? ? ?
? Supt Hgwys Appt Scow A. Russell Voter p El 11 El
? No Action
? Lost
2013-607
CATEGORY. Close/Use Town Roads
DEPARTMENT Town Clerk
Grant Permission to North Fork Beach Volleyball to Park Overflow Vehicles Along Breakwater Road, in
the Vicinity of Breakwater Park
RESOLVED the Town Board of the Town of Southold hereby grants permission to North Side-
Out Beach Volleyball League Inc. to park overflow vehicles along Breakwater Road, in the
vicinity of Breakwater park on: Saturday, August 24, 2013 (r/d August 25) for the end of season
Tournament provided the they follow all the conditions in the "Town of Southold Policy for
Special Events on Town Properties and Roads". Fees are waived except the clean-up deposit.
Failure to comply with Items No. 5 and No. 6 will result in the forfeiture of the $250 clean-up
deposit. Applicant will provide placards for participants to place on their vehicle dashboards.
Support is for this year only as the Southold 'I own Board continues to evaluate town road usage.
Vote Record - Resolution RES-2013-607
4A dOE L"
? Adopted as Amended Yes/Aye No/Nay Abstain Absent
? Defeated James Dinizio Jr Mover 0 ? ? ?
? Tabled 7711, Rland Voter 0 ? ? ?
? Withdrawn Jill Dohertv Seconder D ? ? ?
? Supervisor's Appt Christopher Talbot Voter 0 ? ? ?
? Tax Receiver's Appt Louisa P. Evans Voter 0 ? ? ?
? Rescinded Scott A. Russell Voter 0 ? ? ?
? Town Clerk's Appt
? Supt HR"vs Appt
Aw_,Ll1t I i_ '01" 1,
Southold IoNn Board Iblccting
? I ,a
2013-608
CATEGORY: Close/Use Town Roads
DEPARTVIFW.- Town Clerk
Permit Worship Services at Beach on 8/16//3
RESOLVED the 'Town Board of the Town of Southold hereby grants permission to the North
Fork Reform Synagogue to hold a worship service followed by a picnic at Kenney's Beach,
Southold on Friday, August 16, 2013 from 6:00 PM to 8:00 PM; parking permit requirements
shall be waived for participants who do not have Southold Town Beach Parking Permits;
placards to place on the vehicles dashboard should be provided by the synagogue to those
participants who do not have parking permits. All tees arc waived except the $250 clean-up
deposit, which will be returned to the applicant provided the area is deemed clean following an
inspection by a town representative.
V Vote Record - Resolution RES-2013-608
RI Adopted
? Adopted as Amended
? Defeated
Yes/Aye No/Nay Abstain Absent
? Tabled
? Withdrawn James Dinizio Jr Voter 2 ? ? ?
? Supervisor's Appt William 1'. Roland Seconder 0 ? ? ?
? Tax Receiver's Appt Jill Doherty Mover M ? ? ?
? Rescinded Christopher Talbot Voter RI ? ? ?
? Town Clerk's Appt Louisa P. Evans Voter RI ? ? ?
? Supt Hgwys Appt Scott A_ Russell Voter RI ? ? ?
? No Action
? Lost
2013-609
CATEGORY: Contracts, Lease & Agreements
DEPARTME:A'T: Town Attorney
Site Access License Agreement W/KeySpan
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Site Access License Agreement between the Town of
Southold and KeySpan Gas East Corporation d/b/a National Grid regarding granting KeySpan
\uuu,t I -'01_ Paer 1
SOLitho Id ioNn Board INICCting
acres Lind use of designatal portions eat I o\\ n pi opcitic, Iocatcd ?t .Iran .Cochran Park.
Peconic School. and the Recreation Center Ibr the IintitcCI purpose of establishing a staging area
for the temporary storage of materials, equipment. and vehicles during KeySpan's emergency
power restoration efforts, subject to the approval of the Town Attorney.
? N'rte Record - Resolution RES-2013-609
Er Adopted
? Adopted as Amended
? ])cleared
yes/Aye No/Nay Abstain Absent
? Tabled
? Withdrawn James Donn/lo Jr Voler 2 ? ? ?
? Supervisor's Appt William P. Roland Mo%er P ? ? ?
? Tax Receiver's Appl Jill Doherty Voter 23 ? ? ?
? Rescinded C'hrislopher'I albol Voter M ? ? ?
? gown C'lerk's Appt I ouisa P. Ilsans Seconder 0 ? ? ?
? Supt I Igwys Appt Scott A. Russell Voter EJ ? ? ?
? No Action
? Lost
2013-610
CATEGORY: Budget Modification
DEPARTMENT: Assessors
2013 Budget Modification - Assessors
Financial Impact:
The adjustment is to cover appraisal costs for Small Claims cases due to the retirement of an Assessor.
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2013 Whole
Town, General Fund 2013 budget as follows:
To:
Al 355.4.500.200 Board of Assessors
Fee for Service
Appraisals $3000.00
From
Al 355.1.100.100 Board of Assessors
Full Time Employees
Regular Earnings $3000.00
? Vote Record - Resolution RES-2013-610
El Adopted yes/AVe No/Nay Abstain Absent
? Adopted as Amended
? Defeated James Darzio Jr Voter 0 ? ? ?
? "fabled William P. Ruland Voter ~ ? ? ?
? Withdrawn Jill Doherty Voter p ? ? ?
? Supervisor's Apia Christopher Talbot Voter 0 ? ? ?
u1_ua I - 'Ol ~ Pa~-c 14
it t I I i I II Boar(I NIceling
.nti'> Appl 1 4 ~ L I I i I rnI I Venn ~l ? u ?
? kc,cwded Saar Ru,.c11 Cccondcr E ? ? ?
? loon( 1crk's Appt
? Supt I lgovs Appt
? No Action
? Lost
2013-611
(ATEGORY. Employment - FIFD
DEPARTWEA7i Accounting
Increase Sohrrv gjDeborah Doucelle
RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the
resolution of the Fisher Island Ferry District adopted August 6. 2013 that increases the salary of
Deborah Doucette to $15.00 per hour.
? Vote Record - Resolution RES-2013-611 -
6 Adopted
? Adopted as Amended
? Defeated
Yes/Aye No/Nay Abstain Absent
? "fabled
? Withdrawn James Dinizio Jr Voter El ? ? ?
? Supervisor's Appi William P. Roland Voter El ? ? ?
? Tax Receiver's Appt Jill Doherty Voter El El ? ?
? Rescinded Christopher Talbot Mover 0 ? ? ?
? Town C'lerk's Appt Louisa C Evans Seconder Rl ? ? ?
? Supt Hgwys Appt Scott A. Russell Voter Q ? ? ?
? No Action
? Lost
2013-612
CI7EGORY. Employment - FIFD
DI,PIREVENT. Accounting
Increase Salary of Jason Marks
RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the
resolution of the Fisher Island Ferry District adopted August 6, 2013 that increases the salary of
Jason Marks to $15.00 per hour.
? Vote Record - Resolution RES-2013-612
M Adopted Ves/Aye No/Nay Abstain Absent
\ueu<t 1?. DUI ~ I'ou~ I~
SoUtIto Id I0\\ 11 130dfd MCctiI
Vapi:d a~ Aw-ur,n lanic~ Uimin . A',na Li ? I I ?
? I)cl,ir d A1111i,im P. Rul.urtl FoI,1 0 ? ? ?
? l-abled till Dohcnc Seconder 0 ? ? ?
? Withdnion Christopher'I -albot voter 0 ? ? ?
? Supervisor's Appi Louisa P. Evans Voter 0 ? ? ?
? Tax Receiver's Appt Scott A. Russell Voter 0 ? ? ?
? Rescinded
? TovNit("lerk's Apps
? Supt I lgwys App.
? No .-Action
? Lost
2013-613
CATEGORY: Employment - FIFD
DEPIRTMF-NT.- Accountin=
Accept Resignation oJaonothan Hiller
RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the
resolution of the Fisher Island Ferry District adopted August 6, 2013 that accepts the resignation
effective August 11, 2013 of Jonathan Hiller, Deckhand, for the Fishers Island Ferry District.
V Vote Record - Resolution RES-2013-613
0 Adopted
? Adopted as Amended
? Defeated Yes/Aye No/Nay Abstain Absent
? Tabled
James Uinizio Jr Voter 0 11 ? ?
? Withdrawn
? Supervisor's Appt William P. Roland Seconder 0 ? ? ?
? Tax Receiver's Appt Jill Doherty Mover 0 ? ? ?
? Rescinded Christopher Talbot Voter 0 ? ? ?
? rown Clerk's Appt Louisa P. [vans Voter 0 ? ? ?
? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ?
? No Action
? Lost
2013-614
CATEGORY: Budget Modification
DEPARTMENT: Fishers Island Ferry District
2013 FIFD Budget Modification
Financial Impact:
cover over expenditure
\uul~I I ~~l p:ICi 16
Southold t own Board tIMCC[inp
RI`,SOINJID that the To%+n Board ofthC I ovv'n ol'Southold hefchv ratifies and approves the
resolution of the Fishers Island Ferry District Board of Commissioners dated August 6. 201 3.
which amended the Fishers Island Ferry District 2013 budget as follows:
Decrease Appropriations
SM.9050.8.000.000 Unemployment Benefits $1,120
Increase Appropriations
SM.] 950.4.000.000 property Tax, New London $1,120
V Vote Record - Resolution RLS-2013-614
Rl Adopted
? Adopted as Amended
? Defeated 1'es/AVc No/Nav Abstain Absent
? Tabled
El Withdrawn lames Dinlzio Ir Voter 21 ? ? ?
William P. Roland Mover 0 ? ? ?
? Supervisor's Appt
? Tae Receiver's Appt Jill Dohertc Voter 0 ? ? ?
? Rescinded Ilor,tophci albnl Seconder 0 ? ? ?
? Town C'lerk's Appt Louisa 1'_ 1 %an, Voter Rl ? ? ?
? Supt 4lgwys Appt Scott A. Russell Voter Rl ? ? ?
? No Action
? Lost
2013-615
CATEGORY. Employment - FIFD
DEPARThfENT. Accounting
Update Status of Adolph Ricker
RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the
resolution of the Fisher Island Ferry District adopted August 6, 2013 that updates the status of
Adolph Ricker to part time call in laborer effective September 16, 2013.
V Tote Record - Resolution RP.S-2013-615
21 Adopted
? Adopted as Amended Yes/Aye No/Nay Abstain Absent
? Defeated
Janie, Uinizio It Voter D ? ? ?
? Tabled
William P. Ihiland Voter 121 ? ? ?
? Withdrawn
Jill Dohenv Voter ? ? ?
? Supervisor's Appt
? Tax Receiver's Appt Christopher Talbot Seconder 21 ? ? ?
? Rescinded Louisa P_ Evans Mover ? ? ?
? Town Clerk's Appl Scott A. Russell Voter 0 ? ? ?
? Supt I Igwys Appt
? No Action
Southold I ovtn Board Meeting
u I
2013-616
CiTEGORY. Employment - I'I1l)
DEPARTMENT. Accounting
Appoint Scoli Fenton Full Time Deckhand
RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the
resolution of the Fisher Island Ferry District adopted August 6.2013 that appoints Scott Penton
as a Full Time Deckhand.
? Vote Record - Resolution RES-2013-616
0 Adopted
? Adopted as Amended
? Defeated
les/:Ace Ao/Aac Abstain Absent
? gabled
? Withdrawn James Dinizio Jr Voter 0 ? ? ?
? Supervisor's Appt William P. Roland Voter 0 ? ? ?
El Tax Receiver's App[ Jill Doherty Voter 0 ? ? ?
? Rescinded Christopher Talbot Mover 0 ? ? ?
? Town Clerk's Appt Louisa P_ Evans Seconder 0 ? ? ?
? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ?
? No Action
? Lost
2013-617
CATEGORY.- Employment - FIFD
DEPARTMENT: Accounting
Appoint Daniel Eagan Full Time Deckhand
RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the
resolution of the Fisher Island Ferry District adopted August 6, 2013 that appoints Daniel Eagan
as a Full Time Deckhand.
? Vote Record - Resolution RES-2013-617
0 Adopted Yes/Aye No/Nay Abstain Absent
? Adopted as Amended James Dinizio.lr Mover 0 ? ? ?
? Defeated William P. Roland Voter 0 ? ? ?
? Tabled Jill Doherty Seconder 0 ? ? ?
? Withdrawn Christopher'ralbm Voter 0 ? ? ?
? Supervisor's Appi Louisa P_ Evans Voter 0 ? ? ?
\uLu>t I?. X01 P;mc 1 S
Southold I UbU1 1iottrd N,ICCIIII
V I,,, ld-cna Appl 1cu11 HI.~l'. rla _ u L]
? HrxinJed
? Town Clerk's Appi
? Supt Hgwys Appt
? No Action
? Lost
2013-618
CATFGORY.- Seqra
DER I RTI.1E NT., Town Attorney
SEQRA Jbr TOS Dike Rehabilitation Project
RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed
Project entitled "Town of Southold Dike Rehabilitation Project" is classified as a Type Il action
pursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA and
is exempt from LWRP review pursuant to Chapter 268 of the Town Code of the Town of
Southold, Waterfront Consistency Review.
V Vote Record - Resolution RES-2013-618
0 Adopted
? Adopted as Amended
? Defeated
Ves/Aye No/Nay Abstain Absent
? Tabled
? Withdrawn James Dinizio .Ir Voter ? ? ?
? Supervisor's Appt William P. Ruland Voter El ? ? ?
? Tax Receiver's Appt Jill Doherty Mover 0 ? ? ?
? Rescinded Christopher Talbot Voter 13 ? ? ?
? Town Clerk's Appt Louisa P. Evans Seconder 0 ? ? ?
? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ?
? No Action
? Lost
2013-619
CATEGORY: Landfill Misc.
DEPARTMENT: Solid Waste Management District
Out of Town Comingled Recyclables Tip Fee
RESOLVED by the Town Board of the Town of Southold that the tip fee for delivery of
comingled recyclables originating outside the Town of Southold to the Cutchogue Transfer
Station is hereby set at $30/ton, effective August 1 3, 201 3.
\ucu~t 1 „il I'ue~ IQ
~)ouLlwld lovvD Boa IJ ~AIccting
? NW, IG'omi - U,,o niinn RI.]-2'013-eI'1
o Adolacd
? Adopted as Amended
? Defeated
1cs/;\ve No/\av Abstain Absent
? Tabled
James Dinizio Jr Voter [a ? ? ?
? Withdrawn
? Supervisors Appt William P. Roland Mover El ? ? ?
? Tas Receivers Appi Jill Dohem Voter 0 ? ? ?
_ ? Rescnded rhristopher Ial bot Voter 21 ? ? ?
? Town Clerk'. ,Apps Louisa P. Fans Seconder M ? ? ?
? Supt I Igwys Appi Scou A_ Russell Voter Rl ? ? ?
? No Action
? Lost
2013-620
C.-ITtiG'ORY: Close/tise IoCxil Roads
DEPARTMENT: Town Clerk
Restrict Parking on Village Lane
Resolved that the Town Board of the Town of Southold hereby grants permission to the Southold
Police Department to place No Parking signs on the East side of Village Lane, Orient in front of
the Oysterponds Historical Society (OHS) on September 7, 2013 from 2:00 pm to 5:00 pm for
the Gordy Slack Wedding, subject to the consent of the OHS. Mr. Slack is directed to contact
Chief Flatley to arrange for the placement of temporary signage in the area.
Vote Record - Resolution RES-2013-620
0 Adopted
? Adopted as Amended
? Defeated
Yes/Aye No/Nay Abstain Absent
? Tabled
? Withdrawn James Dinizio Jr Voter ? ? ?
? Supervisor's Appt William N. Roland Voter Rl ? ? ?
? 'r as Receiver's Appt Jill Doherty Voicr D ? ? ?
? Rescinded Christopher Talbot Seconder 0 ? ? ?
? Town Clerk's Appt Louisa P. Lvans Mover 0 ? ? ?
? Supt I Igwys Appi Scolt A. Russell Voter El ? ? ?
? No Action
? Lost
2013-621
CATEGORY: Budget Modification
1[IL,(I t 1".'01 , PaILL, 0
Southold iossn Board \ICCLing
; .i 5ulid Na,lr ,Alanucam~'nl ])I,(IICI
SI' MD Bodge/ Modgiicatioila
Financial Impact:
To cover depleted lines; For Volvo,. funds needed for Cylinder repairs.
RESOLVED that the Town Board of the ['own of Southold hereby modifies the 2013
Solid Waste Management District budget as follows:
From:
SR 8160.1.200.100 (Part Time Emp./Regular Earnings) $1,010.00
SR 8160.1.100.500 (Full Time Emp./Holiday Pay) $2.950.00
SR 8160.4.100.525 (Tires-Pay loader/Truck) $1,500.00
SR 8160.4.100.647 (Maint/Supply Water Truck) $ 150.00
TOTAL: $5,610.00
To:
SR 1490.1.100.200 (Admin-Overtime Earnings) $ 753.00
SR 1490.1.100.500 (Admin-I lolidac Pay) $ 257.00
SR 8160.1.100.200 (Full Time Emp.-Overtime Earnings) $2,950.00
SR 8160.4.100.552 (Maint/Supply Volvo Loader) $1,500.00
SR 8160.4.100.800 (Mai nt-Facilities/Grounds) $ 140.00
SR 8160.4.100.900 (Landscaping Supplies) $ 10.00
TOTAL: $5,610.00
V Vote Record - Resolution RES-2013-621
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 9 ? ? ?
? Tax Receiver's Appi Jill Doherty Seconder 0 ? ? ?
11 Rescinded Christopher Talbot Mover El ? ?
? Town Clerk's Appt Louisa I'. I vans Voter RI ? ? ?
? Supt Hgwys Appt Sam A_ Russell Voter 21 ? ? ?
? No Action
? Lost
2013-622
CATEGORY. Attend Seminar
DEPARTMENT. Accounting
Attend Seminar
Southold 1 o~cn Board JIccIIII
RI:SOLyI~1) that the I oven BOMCI 0I the I UNII of NotithOld herch\ ulrantS permission to John
Cash man,'I own ComptioIIci. and Christine Poster- Secretarial Assistant, to attend the New York
State Retirement System Employer Education Seminar in South Farmingdale, NY on September
19, 2013. All expenses for registration and travel to be a legal charge to the 2013 budget
meetings and seminars).
Vote Record - Resolution RES-2013-622
Adopted
? Aelopted to Amended
? Defeated - Ies/ACC Vo/SaC :abstain Absent
? Tabled
? Withdrawn James Diniiio Jr Mover 13 El El ?
? Supervisor's Appt William P. Roland Seconder Z ? ? ?
? TaC Receiver's Appt Jill Doherty Voter D ? ? ?
? Rescinded Chrstopher Talbot Voter R1 ? ? ?
? Town Clerk's Appt Louisa P_ Ilvans Voter 0 ? ? ?
? Supt Hgwys Appt Seuu A_ Russell Voter RI ? ? ?
? No Action
? Lost
2013-623
CATEGORY: Contracts, Lease & Agreements
DEPARTMENT. Town Attorney
SC AREIS Sub-License Agreement W/Clark Engineering
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Sub-License Agreement between the Town of
Southold, the Suffolk County Real Property Tax Service Agency, and Clark Engineering &
Surveying, PC, regarding the Suffolk County Advanced Real Estate Information System
(AREIS) and Tax Map License Program, at no cost to the Town, subject to the approval of the
Town Attorney.
V Vote Record - Resolution RES-2013-623
73 Adopted
? Adopted as Amended
? Defeated
es/Ave Mr/Nay Abstain Absent
? Tabled
El Withdrawn James Dinizio Jr Voter 2 ? ? ?
? Supervisor's Appt William P. Roland Voter Rl ? ? ?
? Tax Receiver's Appt Jill Doherq Mover [a ? ? ?
? Rescinded Christopher Talbot Voter RI ? ? ?
? Town Clerk's Appt Louisa P. Evans Seconder 21 ? ? ?
? Supt Hgwys Appt Scott A. Russell Voter RI ? ? ?
? No Action
? Lost
1u_u,t I -'013 1'aa~
Southold Down Board Meeting
2013-624
C:ATEGORI'- Attend Seminar
DEP9RKIIENT: Justice Court
Grant Permission to Court Ojjicer to Attend an Annual Recertification for Firearm Training
RESOLVED that the Town Board of the 'Down of Southold hereby grants permission to Court
Officer Donato Cappabianea to attend an.annual recertification for firearm training on
August 20, 2013 at the Suffolk County Sheriff's Firearms Ranee in Westhampton New
Yorlc_ All expenses for training to be a legal charge to the Justices 2013 budget.
V Vote Record - Resolution RES-2013-624
0 Adopted
? Adopted as Amended
? Defeated
Ycs/.\ve Vo/Nuv Abstain Absent
? 'rahlttl
El Wi[ lames Diniiio Jr Voter 0 El El ?
hdratrn
? Supervisor's Appt William P. Roland Mover 0 ? ? ?
? Tax Receiver's Appl Jill Doherty Voter 0 ? ? ?
? Rescinded Christopher'falbot Voter 0 ? ? ?
? Town Clerk's Appt Louisa R Fvans Seconder 0 ? ? ?
? Supt Hgwys Appt Scott A_ Russell Voter 0 ? ? ?
? No Action
? Lost
2013-625
CATEGORY: Local Law Public Hearing
DEPARTMENT: Town Attorney
PH 9110113 @ 4:32 PM LL/Parking Restrictions Mill Road
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 13th day of August, 2013, a Local Law entitled "A Local Law in
relation to the Removal and Revision of Parking Restrictions on Inlet Road (a/k/a Mill
Lane) and Mill Road in the area between Route 48 and Goldsmiths Inlet" 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 Southold Town Hall, 53095 Main Road, Southold, New York, on the 10th
day of September, 2013, at 4:32 p.m. at which time all interested persons will be given an
opportunity to be heard.
13 '01 -
- I ?ec
,)ollthUld lows Board Meeting
I he proposed Loral Laic entitled. "AL oca I Law in relation to the Removal and Revision of
Parking Restrictions on Inlet Road (a/k/a Mill Lane) and Mill Road in the area between
Route 48 and Goldsmiths Inlet" reads as follows:
LOCAL LAW NO. 2013
A Local Law entitled, "A Local Law in relation to the Removal and Revision of Parking
Restrictions on Inlet Road (a/k/a Mill Lane) and Mill Road in the area between Route 48
and Goldsmiths Inlet".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
1. Purpose.
Parking and parking restrictions associated with Goldsmiths Inlet in the hamlet of
Peconic has resulted in excessive signage that negatively impacts the public's health,
safety and welfare in the surrounding community. Additionally, parking immediately
adjacent to Goldsmiths Inlet has resulted in conditions that negatively impact the public.
These conditions consist of undue congestion, restrictions on access and maneuverability
as well as excessive signage. Accordingly, it is necessary to remove and revise the
parking regulations in this area to further protect the residents and visitors of the Town
and restrict the public's ability to block the ordinary flow of traffic and the orderly use of
Town facilities by Town residents and visitors and to remove excessive signage.
Accordingly, amendments to Chapters 189 and 260 are warranted.
IL Chapter 189 of the Code of the Town of Southold is hereby amended as follows:
§189-2. Designation of parking areas requiring permits.
B. The fellowing road end areas are hefel-Y A__: - Dated as Town of Southall
"Parking by Southold Town -pe-nnnit
(57) inlet Road (a/!(/a Mill Lane), Peeanie, along both sides between a
private read known as Satindview Avenue and a private read
known aq ~;eennd Avenue.
III. Chapter 260 of the Code of the Town of Southold is hereby amended as follows:
§260-8. Parking prohibited at all times.
Name of Street Side Location
Inlet Road (a/k/a Mill Lane) Both At Peconic, from the nei4herly
intersection of a private road known
as Miami Avenue and Inlet Road (a/k/a
Mill Lane) northerly to
the seutherb, intersection of a
private road known as Second Sound View
Avenue and Inlet Road (a/k/a Mill Lane)
Southold town Board IikIcctin2
-1111 Road 19rnh \I Peconic. het\~ee3 hom the
intersection ofaprivate road known
as Miami Avenue and Mill Road
southeasterly to the intersection of
Sound View Avenue and Mill Road.
Cot
IV. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competentjurisdiction to he invalid, thejudgment 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.
V. EFFECTIVE DATE,
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
-1 Vote Record - Resolution RN2013-625
Rl Adopted
? Adopted as Amended
? Dercated
Ies/A_re \o/,Nay %bstain absent
? "l abled
? Withdrawn lames Diniziolr Voter Rl ? ? ?
? Supervisor's Appt William P. Ruland Voter Rl ? ? ?
? Tax Receiver's Appt Jill Doherty Voter 2 ? ? ?
? Rescinded Christopher Talbot Seconder 0 ? ? ?
? Town Clerk's Appt Louisa P. Fvans Mover 0 ? ? ?
? Supt Hgwys Appt Scott A_ Russell Voter 0 ? ? ?
? No Action
? Lost
Comments regarding resolution 625
SUPERVISOR RUSSELL: If you are counting, this is our third public hearing on where to put
parking signs on one road in Peconic, proving no decision is made easily in Southold.
2013-626
C'ATE'GORY. Public Service
DEPARTMENT, Town Attorney
Property CleanupI455 Macdonald Rood, Laurel
RESOLVED that the Town Board of the Town of Southold, pursuant to Section 100-4(A) of the
Southold Town Code, hereby directs that the costs and expenses incurred by the Department of
Public Works and the Solid Waste Management District in effectuating the cleanup of the
property located at 455 Macdonald Road, Laurel, in the amount of $1,150.52 shall be levied
against the real property of Robert Jessup, SCTM #1000-145-4-17, in accordance with Section
Southold town Board Meeting
100- 10 of the ~)onl1101(1 l 0\\ II ode.:utd Ihal cu,l, Ind c~hrn,cs arc to hr collcctcd at the
same time and in the same manna as the I oscn taxes.
? Vote Record - Resolution RES 2013-626
M Adopted
? Adopted as Amended
? Defeated A`es/Ave No/Nav Abstain Absent
? l abled
? W ilhtlrnc n Junks Diniiioh Vntcr EI ? ? ?
?Supervisor's Appt W illianr P. Roland Voter 0 ? ? ?
? Tar Receiver's Appl Fill DohcrtN Voter 0 ? ? ?
? Rescinded C hnslupher I albol Moscr M ? ? ?
? Town Clerk's Arta Louisa P. Lvnns Seconder 171 ? ? ?
? Supt Hgw%s Appt Scott A_ Russell Voter 0 ? ? ?
? No Action
? Lost
2013-627
CATEGORY: Committee Appointment
DEPARTMENT: Town Clerk
Appoinhnent to Agricultural Advisory
RESOLVED that the Town Board of the Town of Southold hereby appoints Thomas C.
Stevenson as a member of the Agricultural Advisory Committee to fill the vacancy, term to
expire March 31, 2014.
? Vote Record - Resolution RES-2013-627
El Adopted
? Adopted as Amended
? Defeated
\'es/Aye Nn/Nay Abstain Absent
? Tabled
? Withdrawn Fames Dinizio.lr Mover 0 ? ? ?
? Supervisor's Appi William P_ Roland Seconder A ? ? ?
? Tax Receivers Appt Fill Doherty Voter D ? ? ?
? Rescinded Christopher Talbot Voter 0 ? ? ?
? Town Clerk's Appt I mrsa P. Leans Voter YI ? ? ?
? Supt Hgwys Arta Scott A 12usscll Voter P ? ? ?
-Li ? No Action
? Lost
2013-628
CATEGORY: Contracts, Lease & Agreements
Auc I,t 1 ~fl I P:ICC '0
Southold l Lm it Board Nleetinu
Change Order #I Dike Rehabilitation Project
RF,SOLVED that the Town Board of the Town of Southold hereby approves Change Order #1 to
the Town of Southold Dike Rehabilitation Project Contract with L.K. McLean Associates, P.C.
in the net amount of $15.920.00, pursuant to their letter dated August 7. 2013, subject to the
approval of the Town Attorney and Town Engineer.
-
Vote Record - Resolution RCS-2013-428
* Adopted
? Adopted as Amended
? Defeated
\i•s/:\cr xo/\ac Abstain Absent
? Tabled
James Dinizio Jr Votcr M ? ? ?
? Withdrawn
? Supervisor's Appt willin n N_ Roland Voter 0 ? ? ?
? Tax Receiver's Appl Jill Doherty Mover 0 ? ? -p
? Rescinded Christopher Talbot Vinci 0 ? ? ?
? town C'lerk's Apps Louisa I'. I-vans ticamdci ? ? ?
? Supt H~wys Appt Scott A_ Russell V"el D ? ? ?
? No Action
? Lost
2013-629
CATEGORY.- Planning
DEPARTMENT. Town Attorney
Adopt Plain Island Planning Study Dated 7115113
WHEREAS, the Town Board of the Town of Southold has engaged in extensive and
comprehensive planning regarding the highest and best uses for Plum Island; and
WHEREAS, the Planning Board, with the input of the Town Board, has compiled a Plum Island
Planning Study dated July 15, 2013, that incorporates the findings ofthis collaborative planning
process and consists of an analysis of the potential and prudent uses on Plum Island in
connection with the Town Board's consideration of the proposed Local Law in Relation to Plum
Island Zoning; and
WHEREAS, the Plum Island Planning Study seeks to apply sustainability principles to achieve
the Town's smart growth principles and goals consistent with the ideals of community
development, environmental protection, economic development and natural resource
conservation; now, therefore, be it
LCU;I 1?. ~f)1 Pu_r
SUUlhold Iosut Board Mecting
RLSOL\ ED that the I o\\n Board ol'the I o\cn of Southold adopts the Plum Island Planninga
Stud} as an ollicial I own planning document; and be it further
RESOLVED that the Town Board of the Town of Southold determines that, as part of its
comprehensive planning process, it will consider the Plum Island Planning Study and comments
therein in implementing new legislation.
? Vote Recd, d - Resolution Ri S-2013-629 - -
21 Adopted
? Adopted as Amended -
? Defeated
lcs/An• Vu/Aa. Abstain Absent
? 'fabled
? Withdrawn James Duuzio Jr Voter 0 ? ? ?
William R_ Roland Mover ~ ? ? ?
? Supervisor's Appl
? I as Reccner's Appt Jill Doherty Voter 2 ? ? ?
? Rescinded Christopher Talbot Seconder IV] ? ? ?
? Town Clerk's Appt Louisa p. Hvans Voter 0 ? ? ?
? Supt Hgwys Appi Scott A. Russell Voter 0 ? ? ?
? No Action
? Lost
2013-630
(:ATEGORY.• Seqra
DEPARTMENT: Town Attorney
SEQRA for LL/Plum Island Zoning
WHEREAS, the Town Board is considering the adoption of a Local Law in Relation to Plum
Island Zoning (proposed action), a Type I action Under the State Environmental Quality Review
Act (SEQRA) Rules and Regulations (6 N.Y.C.R.R §617); and
WHEREAS, on May 8, 2013, as lead agency, the Town Board coordinated review of the
proposed action and no comments were received; and
WHEREAS, the Town Planning Department completed a Long Environmental Assessment
Form (EAF) with respect to the proposed action and submitted same with a recommendation to
the Town Board for its consideration and review; and
WHEREAS, the LWRP Coordinator submitted a review and recommendation that the proposed
action is consistent with the LWRP, dated August 13, 2013, pursuant to Chapter 268 of the Town
Code; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold finds that based upon the Town
Board's examination of the EAF and recommendations, and the appropriate criteria for
determination of significance, the proposed action is a Type I action which will not have a
\ueu~t I;.'01 I';Iec'S
Sllttthold fovU Board MC(:1.111g
s11-111ihcunt impact on the k:n\ ironni~:nt :Ind- diciclurc- no rncironmcntal impact ~tatcmrnt i,
required: and he it 1111-ther
RESOLVED that the Town Board of the Town of Southold hereby issues a negative declaration
pursuant to SEQRA and adopts the Findings and Notice of Determination dated August 12,
2013: and be it further
RESOLVED that the "Down Board of the Town of Southold hereby authorizes Supervisor Scott
A. Russell to sign the Long EAF in accordance herewith; and be it further
RESOLVED that the Town Board of the Town of Southold finds that the proposed action is
consistent with the LWRP.
? Note Record - Resolution RES-2113-6311
El Adopted
? Adopted as Amended
? Defeated Yes/Aye No/Nay Abstain Absent
? Tabled
? Withdrawn lames Dowio lr Voter 23 ? ? ?
? Supervisors Apt N'Ilium P. Rulund Voei 0 ? ? ?
? 'fax Receiver's Appt .till Doheriy Voter Ed ? ? ?
? Rescinded Christopher Talbot Seconder RI ? ? ?
? Town Clerk's Appt LnuISH P. Lvans Mover Rl ? ? ?
? Supt Hgwys Appt Scott A. Russell Voter 21 ? ? ?
? No Action
? Lost
2013-631
CATEGORY: Local La" Public Hearing
DEPARTMENT: Town Clerk
PH LLIPlnm Island Zoning
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County. New York, on the 2nd day of July, 2013, a Local Law entitled "A Local Law in relation
to Plum Island Zoning" 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 there
for 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 Plum Island Zoning" which reads as follows:
LOCAL LAW NO. 6 of 2013
~U - Ll>t _'Q
Jouthuld I own Board iMcetiug
A Local Law entitled "A Local Law in relation to Plum Island Zoninv"
BE IT ENACTED by the Town Board of the 'Down of Southold as follows:
1. Purpose.
The purpose of this local law is to create and establish zonhu districts on Plum Island The
Plum Island Research District is intended to encourage the use of the island for research and
educational opportunities and provide quality employment opportunities, and to preserve Plum
Island's regionally significant natural historic and scenic resources. The purpose of the Plum
Island Conservation District is intended to preserve the integrity of the regionally significant
natural historic and scenic resources of Plum Island.
II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows:
§280-4. Definitions.
IMPERVIOUS SURFACE, - Impervious surfaces include all areas where the ground is covered
by a surface that interrupts or prevents rain from falling directly to the ground and percolatirn,
into the groundwater, including but not limited to: roads, driveway parking lots other
pavement, buildings, and concrete pads.
§280-5. District designations.
PIR Plum Island Research District
PIC Plum Island Conservation District
Article XXXI
Plum Island Research District (PIR)
4280-182. Purpose.
The purpose of the Plum Island Research District is to encourage the use of land for research and
educational opportunities provide quality employment opportunities and to preserve Plum
Island's regionally significant natural historic scenic and cultural resources
5280-183. Use reeulations.
In the PIR District, no building or premises shall be used and no building or part of a building
shall be erected or altered which is arranged intended or designed to be used in whole or in part, for any purpose except the following:
A. Permitted uses. The following uses are permitted uses and are subject to site plan
approval by the Planning Board
(1) Research laboratories with multiple buildings allowed in a campus-stye
development, subject to the following conditions:
(a) The use shall not involve the handling storage or discharge of explosives
(b) No offensive noises, gases, fumes smoke odors dust effluent or
vibrations shall emanate from such use and no waste products shall be
\ucu~t '01" 1'uc~ ?0
Jonlhold io\\ n Board iviccung
dischar~,c~d thCrtilioln „i a Chnrpcter to_CrCat~2 a nuiSMICC or to h_C injurioo
to health or to nC~-'atk Ck impact surIlICC or groundwater.
(e) All sewa,,c will be treated by a sewage treatment plant or similar sewage
treatment.
(2) Educational facilities, with multiple buildings allowed in a campus-style
development. All sewage will be treated by a sewage treatment plant or similar
sewage treatment.
(3) Museums housed in a designated historic landmark. All sewage will be treated by
a sewage treatment plant or similar.
B. Uses permitted by special exception of the Board of Appcals. Me following uses are
permitted as a special exception by the Board of Appeals as hereinafter provided and
subject to site plan approval by the Planning Board:
(1) Solar energy generation in excess of that needed to provide power to permitted
uses
C. Accessory uses. The following uses are permitted as accessory
(1) Any customary structures or uses which are customarily incidental to the principal
use, except those prohibited by this chapter;
(2) Sleepier quarters. apartments or dormitories providing accommodations solely
for personnel associated with permitted or special exception uses set forth in
5280-183(A)and 5280-183(B)•
(3) Cafeteria for personnel associated with permitted or special exception uses set
forth in §280-183(A) and §280-183(B);
(4) Infrastructure necessary to the operation of the permitted or special exception uses
set forth in 5280-183(A) and §280-183(B), limited to roads, sewer system, water
storage and water pipelines and utility lines;
(5) The existing harbor and ferry facility for transportation by boat to and from the
Island.
D. Additional Standards: All uses in this District shall be subject to the following:
Vegetation shall not be disturbed. Where noxious or invasive plants are overtaking
native flora or where vegetation must be disturbed in conjunction with a permitted use, an
application may be made to the Planning Board for an approval to remove vegetation.
The application shall include:
I . a plan indicating the types of vegetation present, the vegetation to be removed and
a revegetation plan (if any), using plant species listed in the Southold Town
Planning Board's Native/Natural Buffer Plantings list of recommended native
Ip ants;
2. an application fee of $100:
3. The Planning Board shall render a written determination within 30 days of receipt
of a complete application stating the reason therefor and advising the applicant of
the right to appeal; and
4_ The Town Board shall hear appeals or shall designate a person or body to hear
appeals regarding a denial under this Section. Any person whose application to
remove vegetation is denied, may appeal within 30 days of a denial.
4280-184. Bulk, area and parking regulations.
Southold 1u%\ n Board \dccting
\o hudllln' or )ren1111'__4IWIJ hC ll,Cd find 110 huildin,-, or pm 't thcrcoI - hall hr Cfcctcd or altcrcd
in the Plum Island Research District unless the same conlbrms to the Bulk Schedule and Parking
and Loading Schedules incorporated into this chapter by reference, with the same force and
effect as if such regulations were set forth herein in full
PIR Bulk Schedule: (to be placed in new Appendix)
Minimum Lot Size: 125 acres
Uses: Multiple uses and buildings are allowed on a single parcel, the number of
which are limited only by lot coverage
Lot Coverage: 20% of buildable land, except that solar energy installations may exceed
this limit up to a total of 50% lot coverage.
Building Height (ft.): 35
Number of Stories: 2
Setback from property line (ft.): 30
Landscape area: 30%
4280-185. Setbacks.
New structures and impervious surfaces shall be set back at least 300' from the shoreline, bluff
or dune crest, or wetlands edge, whichever is more protective.
Article XXXII
Plum Island Conservation District (PIC)
§280-186. Purpose.
The purpose of the Plum Island Conservation District is to preserve the integrity of the regionally
significant natural, scenic and historic resources of Plum Island for the benefit of the residents of
the Town of Southold.
&280-187. Use regulations.
In the Plum Island Conservation District, no building or premises shall be used and no building
or part of a building shall be erected or altered which is arranged, intended or designed to be
used, in whole or in part, for any purpose except the following:
A. Permitted uses. The following uses are permitted uses and are subject to site plan
approval by the Planning Board:
(1) Nature preserve
(2) Public park
(3) Educational facility related to the study of natural resources conservation. All
sewage will be treated by a sewage treatment plant or similar sewage treatment.
(4) Museums, housed in existing designated historic landmark. All sewage will be
treated by a sewage treatment plant or similar sewage treatment.
B. Uses permitted by special exception of the Board of Appeals. The following uses are
permitted as a special exception by the Board of Appeals as hereinafter provided and
subject to site plan approval by the Planning Board:
(11) Solar energy generation in excess of that needed to provide power to permitted
uses.
C. Accessory Uses. The following uses are permitted as accessory uses:
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Southold Iomn Board \iectin,,
(1) lnv CUStOMM\ ~trnCtUrC~ or UWS Nhich MC CUStumarIIv incidental to the principal
usc. except those prohibited by this chapter:
(2) Sleeping quarters, apartments or dormitories providing accommodations solely
for personnel associated with the permitted or special exception uses set forth in
X280-187(A) and §280-187(B).
D. Additional Standards: All uses in this District shall be subject to the following:
Vcs,etation shall not be disturbed Where noxious or invasive plants are overtakim,
native flora or where vegetation must be disturbed in conjunction with a permitted use an
application may be made to the Plannin,, Board for an approval to remove vegetation.
The application shall include:
1. a plan indicating the types of vegetation present the vegetation to be removed and
a revegetation plan (if any) using plant species listed in the Southold Town
Planning Board's Native/Natural Buffer Plantiru s list of recommended native
al-ants, ants:
2. an application fee of $ 100;
3. The Planning Board shall render a written determination within 30 davs of receipt
of a complete application stating the reason therefor and advising the applicant of
the right to appeal: and
4. The Town Board shall hear appeals or shall designate a person or body to hear
appeals regarding a denial under this Section Any person whose application to
remove vegetation is denied may appeal within 30 days of a denial
4280-188. Bulk, area and parking regulations.
No building or premises shall be used and no building or part thereof shall be erected or altered
in the Plum Island Conservation District unless the same conforms to the Bulk Schedule and
Parking and Loading Schedules incorporated into this chapter by reference with the same force
and effect as if such regulations were set forth herein in full Editor's Vote The Bulk Schedule is
included at the end ofthis ehgter and the Parking and Loading.Schedules are in ~ 280-78 and
28(I-79.
Plum Island Conservation District Bulk Schedule: (to be placed in a new Appendix)
Minimum Lot Size: 350 acres
Uses: Multiple uses and buildings are allowed on a single parcel the number of
which are limited only by lot coverage
Lot Coverage 2% of buildable land except that solar energy installations may exceed
this limit up to a total of 20% lot coverage
Impervious surface: 5% of buildable land except that solar energy installations may exceed
this limit up to a total of 20% impervious surface
Building height (ft.): 35
Number of stories: 2
Setback from property line (ft.): 30
§280-189. Setbacks.
New structures and impervious surfaces shall be set back at least 300' from the shoreline and
wetlands.
AULJI~l 1 2013
Southold I own Board blccting
Ill. Zoning Map Amendment.
Based upon the Town Boards consideration of the recommendation of the Town's Planning Board,
the SEQRA review, the Plum Island Planning Study and the public comments taken at the public hearing or
otherwise, the Town Board of the Town of Southold hereby amends the Official Zoning Map of the Town
of Southold as adopted by §280-6 of the Town Code to create the Plum Island Research District (PIR) and
the Plum Island Conservation District (PIC), as depicted on the attached map.
IV. 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.
V. EFFECTIVE DATE
This Local Law shall take effect immediately upon tiling with the Secretary of State as
provided by law.
Vote Record - Resolution RES-2013-631
? Adopted
? Adopted as Amended
? Defeated
0 Tabled Yes/Aye No/Nay Abstain Absent
? Withdrawn James Dinizht.Ir Voter El ? ? ?
? Supervisor's Appt William P. Ruland Voter 0 ? ? ?
? Tax Receiver's Appt Jill Doherty Seconder Z ? ? ?
? Rescinded Christopher Talbot Mover 0 ? ? ?
? Town Clerk's Appt Louisa P_ Evans Voter El ? ? ?
? Supt Hgwys Appt Scott A. Russell Voter 0 ? ? ?
? No Action
? Lost
Next: 8/27/13 730 PM
Supervisor Russell
SUPERVISOR RUSSELL: Let me just quickly say on the issue of Plum Island, there is two
battles here, one 1 realize that many of you are speaking about the protection of a pristine island,
that has an eco-system that is worth saving but we are also struggling to save a facility that this
town desperately needs to stay open. It is a research facility with world importance that
employs 400 people regionally. So when it comes time, we are going to need your voices to
weigh in to try to everything you can to try to save that facility. Thank you.
33. Motion To: Motion to recess to Public Hearing
Au,,II;I 1 'nl , P:cc ; 4
Southold 10M) Board Meeting
Rh:SOLNIiD that this meeting of the Jouthold I (m], Board be and herehN is declared
Recessed at 4:53 PM in order to hold a public hearing
RESULT: ADOPTED JUNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: William P. Roland, Councilman
AYES: Dinizio Jr. Ruland. Doherty Talbot. Evans. Russell
34. Motion To: Amend Resolution on Local Law Plum Island Zoning& Marine 11 Zoning
RESOLVED that the Town Board of the Town of Southold hereby strikes the proposed
amendments to Chapter 280-4 and 280-55 from the Local Law entitled "A Local Law in
Relation to Plum Island and Marine 11 Zoning " and directs the scheduled public Hearing
proceed on the creation of the proposed Plum Island Zoning Districts
RESULT: ADOPTED [UNANIMOUS]
MOVER: Christopher Talbot. Councilman
SECONDER: Jill Doherty. Councilwoman
AYES: Dinizio Jr, Ruland, Doherty. Talbot, Evans. Russell
VL Public Hearings
PH 8/13/13 @ 4:32 PM LL/Plum Is] & Marine II Zoning
RESULT: CLOSED [UNANIMOUS[
MOVER: Christopher Talbot, Councilman
SECONDER: Jill Doherty, Councilwoman
AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell
Councilman Christopher M. Talbot
COUNCILMAN TALBOT: At this time I make a motion that the proposed amendments to
Chapter 280-4 and 280-55 be stricken from this local law and the hearing proceed on the
proposed Plum Island zoning districts. I will move that recommendation to strike 280-4 and
280-55.
JUSTICE EVANS: Second.
COUNCILMAN TALBOT: Okay, I have a notice that it was posted on the Town Clerk's
bulletin board on July 19, 2013, that it was posted in the Suffolk Times on August 1, 2013. I
have a notice from the Planning Board chairman, Donald Wilcenski, `After considering input
from the previous public hearing, the Planning Board has revised the Planning study for Plum
Island. Please replace the original with this version date July 15, 2013. Thank you' And this is
just a copy in relation to the study. Number 5, from the LWRP coordinator Mark Tterry, the
proposed local law has been reviewed to chapter 268, Waterfront Consistency Review of the
Town of Southold town code and the LWRP policy standards. Based upon the information
provided to this department as well as the records available to me, it is my recommendation that
the proposed action is consistent with the LWRP policy standards and therefore is consistent
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SOUlhold I own Board Meeting
ith the LU KP. Pursuant to Chaptcr 'b,~_ the I own Board shall C01151de1 this rCOnuncndatiou in
preparing its written determination regarding the consistency of the proposed action. I haNc a
letter from the Suffolk County Planning Commission, Sara Lansdale and Andrew Freleng, 'The
staff has examined the proposed action titled entitled "A local law in relation to the Marine 11
District and Plum Island Zoning bearing the stamped date of July 19, 2013. Comparing this
action with the one that was previously referred to the Commission. the staff did not find any
substantial difference between the two actions. It is the policy of the commission not to review
any action that it has previously considered unless there remains substantial differences. A copy
of the previous report is enclosed for your reference.' And I have a couple of written comments,
one is from the Nature Conservancy and 1 will keep that as part of the record and the second was
from the Cross Sound Ferry. The correspondence from the Cross Sound Ferry was more in
relation to the Marine II district which we have taken off of tonight's public hearing, so we will
keep it in the file. And that is it.
Supervisor Russell
SUPERVISOR RUSSELL: I would invite anybody that would like to address the Town Board
on this local law to please feel free to come forward. I would just remind you to state your name
and hamlet for the record.
Charles Cuddy, Esq.
CHARLES CUDDY: Charles Cuddy, I have an office at 445 Griffing Avenue, Riverhead New
York. I represent Cross Sound Ferry services and I appreciate what the Board has just done but I
think you would like to know, have some idea, of why we objected to the law which really
applied to all ferry services, including Fishers Island as well as Cross Sound. And I have with
me today Richard McMurray who is the general manager of Cross Sound, Stan Meekus who is
the director of Public Relations and David Kapell, who is their Long Island liaison. I think that
you should be aware that the law as drawn, is a sweeping law and what it does is it essentially
would have a ferry such as Cross Sound, increase its land mass by 6 times. It would increase the
parking area by enormous number of acres, probably 4 times more than is needed. It would also
put all of the ferry services, Fishers Island, the Plum Island if it comes into being and Cross
Sound as non-conforming lots and probably non-conforming uses. I think it was an error, I think
it was done probably hastily and I would hope that the Board would take a look again, as you
have promised to do, at this zoning and perhaps even include Cross Sound in that so that we
might make some recommendations. I think you have heard from our [CC counsel in
Washington DC, what effect it would have on Inter-state Commerce. And I believe that it is
appropriate that the Board take a further look and I point out to you one other thing, you now
have regulations that call for special exceptions for the ferry service and site planning for the
levy service. So it is not that the ferry service is not regulated. And again, thank you for your
efforts.
Bob Hanlon, Orient
BOB HANLON: My name is Bob Hanlon, I am a resident of Orient and I am on the Board of
the Orient Association and I am here speaking on behalf of the Board. As the Orient Association
has indicated in previous discussions, both in hearings before the council but also in the GSA
hearings, there was a great deal of concern about the future of Plum Island. And in the GSA
hearings we were very distressed to hear some of the plans that were discussed and we were very
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Southold I oNn BUtnd MCCting
hCaItelled to hetu the position that the toAAn had taken uhaut thr way it Nax 20 1111-' to go about
zoning or planned to go about zoning to UN and ensure that Plum Island is u-cated in a vvaV that
does serve the town and the communiq at large in an appropriate fashion. As OA has indicated
in previous occasions, after reviewing the proposed zoning changes, we believe that the zoning
proposals that arc put forward are in keeping with the best interests of the town, of the people of
Orient and of the broader community as well. And we thank the council for its efforts in this
regard and we urge approval of the plan as generally been put forward. One of the things that we
do have a great concern about in Orient, obviously, is the ferry and 1 was a little surprised just
now to hear that the ferry proposal has been taken off obviously we welcome any discussion that
has to be had to try and understand what the best approach to addressing the ferry service is. My
next comments are my own because the OA has not discussed this aspect yet. I am taking the
ferry on Thursday and I appreciate the role that the ferry plays and I think that it is a very useful
tool for many of us. both individually and commercially in the way it can access to New
England. There is a concern that I have and I think many of the residents of Orient have about
the ferry and about managing the ferry in a responsible fashion in a fashion that is responsible to
everyone in the community. I live on Main Road, every single car that leaves the ferry goes past
my house. And the only thing that 1 questioned when I was buying my house three years ago,
was the ferry service. Would that become a burden. would it become annoying that I couldn't
live with it'? I can live with it and I do at times feel frustration about the amount of traffic but
when we come to a situation, we deal with the things that are there. The ferry service has to
move cars on the only road that goes through Orient. There is only one road. And every car has
to go past my house, that's okay. Just like it is okay to listen to the bird guns and smell the
fertilizer occasionally from the great farms that are across the road from me. I was especially
troubled and I know OA was troubled to listen to GSA suggest that putting in hundreds of units
on Plum Island would not have any significant impact on the communities around it and we
thought that was a ridiculous approach. The fact that they said that there would be no significant
traffic factors that would negatively impact the communities. Any significant change upward of
the traffic on Main Road is a burden on the community. It would create a great deal of
difficultly, more difficulty for the people who live in that community. There is a competing now
for access to the roads for farmers, the residents and ferry traffic. Especially in season and the
proposal as we understood it, that was put forth, would exercise a good deal of control and
regulation over any expansion of ferry service. I am not suggesting that there can be no change
in the way ferries are used but any material enlargement of ferry service or any material increase
in traffic would dramatically affect the quality of life in Orient, in East Marion and t believe in
all of Southold town. We are striking a balance between residents and commerce and agriculture
and I think the Town Board works very hard to maintain and be aware of all the factors that go
into it and I think we are striking a pretty good balance overall. Anything that disrupts that
balance, such as a dramatic increase in ferry traffic would be negative and detrimental and we
hope that the proposals that are put forth again when you come back to the ferry, marine use that
affects the ferries, will bear that in mind and will reflect ways to exercise a level of management
and control that there will not be a material increase in ferry service in the near future. Thank
you.
SUPERVISOR RUSSELL: Who else would like to address the Town Board on this particular
local law?
Au'u,t L . 01
Southold Town Board \I"iiug
Aaron Burger, Group for the East End
AARON VIRGIN: Good evening. I am Aaron Virgin, vice president of the Group for the East
End and we have our main office here in the hamlet of Southold and our geographic use is the
five east end towns. Just for the record, the Group for the East End, we represent conservation
and community planning interests for several thousand member household, individuals and civic
organizations across eastern Long Island, including several hundred in Southold Town. And
before [get into my Plum Island remarks, I just want to commend you all for the difficult vote.
there were a number of hearings on dogs on the public beaches, town beaches and as many of
you know. Group for the East End has a two year contract and a partnership with North Fork
Audubon Society to do the beach dependent bird species program. This will greatly help, if law
enforcement on the town's part and if the dog owners abide by the new law, it will greatly help
piping plovers and least terns because this is the core part of the season and oftentimes unleashed
dogs will impede on the breeding and I think a report that we do in a year or two will show, will
reflect survivorship and productivity of these birds will increase, so thank you again. The Group
is a founding member of Preserve Plum Island coalition and we lend our support to the
comments they will submit orally this evening and then in writing but briefly, our comments are
the same as they were in May. Short of full preservation of the island. that is if it were to be
transferred to the federal US Fish and Wildlife service as the Plum Island National Wildlife
refuge, short of that I should say we support the adoption of the amendments including the M II
which we do feel that it is prudent to pause and understand that you want to reevaluate the M II
amendments, however it should not come at the price of pushing forward the conservation and
research districts. We really support those, to have 80 percent of the land as depicted on the map
conserved and 20 percent to remain in research capacity is a great balance in our opinion. So the
one thing in mentioned in May, I will mention again is roughly 21 acres in the northwestern area,
we would like to have taken out of the research district and put into the conservation district for
several reasons. It is highly visible from the water for boaters, so to have structures built right up
to the shoreline would be problematic from aesthetic view, but also if you visit the island, there
is a lot of erosion that has taken place over the years. There has been roughly between roughly
four and eight acres has eroded in the past, there is a bunch of rip rap right along the lighthouse
and so to allow increased construction there would be problematic. And on a lighter note, as you
may recall in the Suffolk Times last week, they broke a story about the 1879 discovery of a
wooly mammoth and this was actually discovered in that area and therefore before future work
can be done and also noted in the final environmental impact statement, the GSA say that no
further research has been done, they just basically put it as a footnote. They pulled it from one
source in a historical journal from the 1950's and so we think it would be prudent to consider
that as part of the conservation district, again, so more research can be conducted. So in closing,
the group commends the town for its leadership and its courage regarding these proposed zoning
amendments, for considering our concerns and any way the group can be of assistance, please let
its know. Thank You.
Claire O'Kane, Student Intern, Group for the East End
CLAIRE O'KANE: My name is Claire O'Kane, I am from Orient and I am a student intern at
the Group for the East End and I will be reading a statement on behalf of the Preserve Plum
Island coalition. The Preserve Plum Island coalition, PPIC, is a consortium of nearly 60
conservation minded individuals and conservation, environmental, civic and business groups that
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Southold I own Board Mcctint!
support prescrcing the si_nihc.int n.uwal_ historlCal. Crulneir,il and scenic aluCS of the 84', acre
federally owned Plum ISlaud. to best accomplish this ooal. the coalition suongly supports
retaining Plum Island in federal ownership and dedicating the undeveloped portions of the island
as a national wildlife refuge and we arc very pleased by the recent introduction of legislation by
Congressman Tim Bishop and Senator Richard Blumenthal to stop the sale of the island. As the
PPIC provided in its more extensive statement during the town's May hearing on the Plum Island
zoning proposal, the coalition strongly supports the initiative put forth by the Town of Southold.
We think the establishment of the two new zoning categories, the PIC and PIR districts and the
expansion of uses in the Marine II district arc appropriate and important steps to address land use
issues relating to Plum Island and the existing docking facility at Orient. We especially
appreciate the Town's recognition of the nationally significant natural, cultural and historic
resources found on Plum Island and its advancement of the proposed PIC district which will help
ensure their long-term preservation. We further appreciate the town not considering any of the
more well-known zoning categories that would permit residential, commercial or industrial uses
of the island. We appreciate and applaud the town of Southold's strong and unequivocal action
regarding Plum Island and we hope the zoning proposal is enacted into law. Thank you.
TOWN CLERK NEVILI.L: Lxcuse mc. nwy wC have the statements from the Group from the
East End.
Ellen McNeely, Orient
ELLEN MCNEELY: My name is Ellen McNeely and I am a resident of Orient and a member of
the Orient Association as well but I am speaking basically out of my own piqued interest in this
whole subject. But particularly as a native of Massachusetts and growing up on Cape Cod and
during all of these conversations about the research district and the conservation district it
seemed to me that the zoning thereof which is a wonderful thing that the town has undertaken
and I think it has just been planned beautifully frankly, it seems to me based on my own history
that the research district can support something very much like the Plum Island Institute for
Coastal Environmental studies easily enough. In the course of which we could gain educational
support from institutions both in New York but further, like Woods Hole Oceanographic which I
am familiar with which is an international organization and like the (inaudible) House Center for
coastal studies basically deals with the gulf of Maine, the Stillwiggin bank and the Massachusetts
Bay, why couldn't the coastal study aspect of this also include Connecticut and Rhode Island?
And thereby gaining additional support from the political people for Tim Bishops proposal
which I fully support and further bring in educational institutions such as Brown, Yale,
university of Connecticut and all of the universities and colleges in New York state which also
could be very much involved in such an institute for research center there and together these
things in fact might support the zoning that you are talking about, that you are proposing and
hope to pass as well as gain support from larger areas and political clout that could aid and abet
Congressman Bishops efforts to support what we are doing here. That is just a thought on my
part being a former Cape Cod'er etc. so hopefully it might bear some fruit.
COUNCILMAN TALBOT: Thanks.
SUPERVISOR RUSSELL: Who else would like to address the Town Board on this particular
local law'?
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,)oULhoid 1 0 %U1 Board \ICCtin,
Charlcv Rothenberger, Iatf.
CHARLES RO"I HENBERGER: Good afternoon. For the record, my name is Charles
Rothenberger. I am an attorney for Save the Sowed an environmental advocacy organization that
operates in both Connecticut and New York. the two states that have primary stewardship
responsibilities for Long Island Sound. As a preliminary matter, I would just like to note that we
arc pleased to see the reduction in the minimum lot sizes for the respective districts. We think
that better reflects the suitability of the sites fir the proposed uses. while potentially limiting the
potential for adverse environmental impacts of the sensitive ecological resources on the Island.
We are also pleased to note that the revised proposal establishes a prohibition on the disturbance
or removal of vegetation in the PIR district, something that we had recommended at the original
hearing on May 7. We think that this is a significant improvement but we would note that the
reference to native fauna in that section probably is meant to refer to native flora being overtaken
by invasive species and the like and we had suggested some language fixes there. In our earlier
comments on the proposed zoning, we did express concern about the scale of the solar
installations being allowed with respect to the percentage of lot coverage. I noted that the
proposal didn't impose any specific conditions on the siting of solar installations that would be
sufficient to insure protection of the natural resources. While we recognize that other aspects of
the town code would still apply to any proposed development, including solar installations and
that any such proposal would be subject to independent environmental review, we believe that it
is worth re-noting the recommendations that we made regarding the type of review and the
limitations that should be applied to solar energy installations. I won't go through them all here
but they are reflected in my written testimony and we would hope that these principles would be
adhered to as specific solar development proposals are reviewed by the appropriate town boards
and state agencies moving forward. One item that 1 would like to make note of that is not
unfortunately in my written testimony relates to article 32 and the permitted uses within the Plum
Island Conservation district, the second permitted use simply notes public park and we think that
it would be appropriate and prudent and probably reflect the intention of the board to make a
specific note that that would be limited to passive recreational opportunities, we don't think that
allowing for active recreations such as ball fields or other items that might fall within that
category would be appropriate for this site and could cause great disturbance to the wildlife
there. but in conclusion and not withstanding those concerns, we do support the proposed the
zoning for Plum Island, we applaud you in your efforts and the town for its vision and its
commitment for taking the appropriate steps to ensure that Plum Island will be preserved for
future generations. So, thank you.
SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board?
Loiuse Harrison, Peconic, Conservation Biologiest
LOUISE HARRISON: Good afternoon, Supervisor Russell and members of the Town Board.
My name is Louise Harrison, I live in Peconic. I am a conservation biologist and I introduced
myself to you at the earlier hearing on this Plum Island zoning. I would like to reintroduce to
you my entire testimony from that public hearing but I will not do that orally, I will hand that in
because I feel it still applies and I am not sure if you are still entertaining earlier testimony in this
public hearing. In particular, I definitely would still like to see the Plum Island Research district
redrawn to avoid including flood hazard areas as well as the freshwater wetlands, state regulated
\u~u~l ! ~I11? I'a_c 40
JUnthold lo%~n Board \L:Cn III-'
I'I I and I'I_ I unrlCr,uutd that phi, wrsiun 01 the ionim, ICaislution does aJrlrCSS \%etlands but
I think that it is much hCtter to not hacC to rely on the uncertainties that come with permitting
and the negotiations over setbacks at the time that people apply for permits when we can all
agree upfront that the islands resources need the best possible protection and now is the time to
do it. there are wetlands that are still included in the Plum Island Research district and all you
need to do is move the line around them and include them in the conservation district and that
takes them off the table for future negotiations on welland permits. It seems like the prudent
time to do that. I am also concerned about a change in your new version of the legislation as
Charles just mentioned, the public park reference under the conservation district now does not
include the words for passive recreation. That seems to have been omitted since last time and 1
think that it opens up too many possibilities, there are plenty of park type activities that can be
very damaging to the natural environment and I don't think that you want them even proposed in
the conservation district where you would have to argue and tight to protect the resources that
you can protect now through your zoning legislation. You only need to add in back the words
for passive recreation now and then you don't have to fight the fight later. I would hate to see
something on the scale of a world class golf course for instance, proposed for the conservation
district with perhaps a very wealthy investor stating that they can make a golf course that is
compatible with wildlife. Do you really want to be fighting that light? Because it would be a
very difficult one. And whereas normal, everyday golfing activities possibly might not disturb
some of the species that would be using the conservation district, you couldn't say the same
thing if it did indeed become a world class golf course, attracting hordes of people for grand
tournaments. Then you have a much different situation. Now is the time to do the best planning
for Plum Island and 1 know your intentions are good, which is why I and my colleagues have
come out to support your zoning proposal and I really think it is a great thing that the Town of
Southold is taking a leadership position and preserving one of its most precious resources. I am
just asking you to make a few tweaks to do a better job on it. Now I have a comment that is not
instantly germane to this hearing but it is germane to the sale of Plum Island which I think is
what spurred on your zoning proposal. I would like to encourage the Town of Southold to use
all of the powers of its Local Waterfront Revitalization Program to deny the federal government
the opportunity to sell Plum Island. You have it in your powers through Department of State's
conferral of approval on your Local Waterfront Revitalization program, you now have the same
powers as the New York State Department of State has under the Department of Commerce's
rules to say no to this federal action. So I really implore you to explore that possibility. It is
actually a very good probability. Have your legal experts confer with the Department of State's
law office and learn from the examples where the Department of State was able to help New
York be able to say no to federal actions of sale of federal lands. You can do this, so you have a
very powerful tool at your hands. I really hope you will explore it and use it. now I am going to
submit my comments from the earlier hearing to you and unfortunately, they are slightly soiled,
so I hope you will excuse the little bit of coffee stain on them from carrying them around for so
long. Thank you very much for the opportunity to speak to you tonight. I am a conservation
biologist. I served the Long Island community for over 30 years through county, state and federal
positions as well as non-profit groups and in my private consulting firm, conservation and
natural areas planning. I now represent community groups and non-profits, all in the name of
protecting the environment and I would like to make myself available at your service for any
future work on this. Thank you.
Aueu,tl' ~n 4l
- 1 ~ I'acc
Southold lows Board Meeting
COUNCILMAN I AL130 I : I have a comment on a couple of the things that you said.
MS. HARRISON: Yes.
COUNCILMAN TALBOT: Existing zoning that we have across the rest of the town still comes
into play with no matter what happens over there on Plum Island, so either wetland setbacks.
stuff that is in the flood plain you know, are going to have to meet those, regulations as well, as
well as the new zoning that is going to take place over there. when you talk about negotiations
on the setbacks through the permitting process, you can probably talk to.anybody that has gone
through the permitting process and they will tell you it is not a negotiation, they get told what
they have got to do and what the setbacks are. You are the second one that has mentioned
passive recreation and to me that pains me to hear passive recreation because we have one
particular piece that's kind of getting complained about on and on, when the Cub Scouts run
through a park in Laurel and because it is deemed passive recreation, so when you can't even
have kids running around due to passive recreation conditions it is just a little painful to me.
And then regarding golf, I think most people that play football or rugby and stuff like that would
call golf passive- So. it is just more ofa joke but.....
MS. HARRISON: May I respond to you, Councilman Talbot?
COUNCILMAN TALBOT: Sure, sure.
MS. HARRISON: I think the complaints about your park in Laurel are unfounded and I do think
there is a widely, well understood use of the word passive recreation and of course, we do want
children to go into parks to explore nature and if they happen to be running at the time, I don't
think anybody should complain about that, so I agree with you on that. But that does not take
away my concern about omission of the words passive recreation from this legislation. I still
hold to that and yes, golf does seem like a rather sedentary sport compared with others but when
you talk about the attractiveness of golf tournaments to thousands of people that like to come and
be spectators and the circus that can ensue, that is the question I have about bringing that kind of
activity to an island, particularly if it is owned and operated and designed by people that could
afford to buy this island or part of it for such a thing. They are very likely going to want to have
that type of attention brought to that resource. So I really think there is no reason whatsoever, it
is a glaring change to me, that you took the words passive recreation out. It popped right out at
me. And I do consider that to be significant, so I do take issue with the earlier, at the statement
at the beginning of this hearing that you did not have to re-open a SEQRA review of this because
there were no significant changes to the legislation. I disagree with that. I am not suggesting
you re-open a SEQRA review but I am suggesting that you made a significant change and it
really ought to be reconsidered.
COUNCILMAN TALBOT: Regarding the golf, joking we did have the conversation about
somebody buying it and I don't think it would fit with the zoning that is being proposed. And if it
is not referenced in the code then it is not an allowed use, so I don't think a golf course would be
allowed in this.
Southold town Board Meetim_
MS. I IARRISON: I don't e\cn know the ans\vcr to that and that is something you would know
and I have not been part of any such negotiations obviously but 1 do believe there is a long and
well understood use of the words passive recreation and I personally would like to see them put
back in this legislation and I object to the fact that they were omitted. So anyway, I am going to
hand in my earlier testimony and thank you for the chance to have a dialogue with you. I
appreciate that.
SUPERVISOR RUSSELL: Please state your name and the hamlet you are from.
Suffolk County Legislator Alhert J. Krupski,.Ir.
ALBERT KRUPSKI, SUFFOLK COUNTY LEGISLATOR: AI Krupski, Cutchogue. I just
want to thank the Town Board. I worked on this with many of you over the years since Congress
decided to sell the island. I admire your persistence going through the process. I wanted to
thank Heather Lanza who just left here, for her good work on designing the zoning. The big
question I think, are dogs going to be allowed on the beach here?
SUPERVISOR RUSSELL: Passive ones.
LEGISLATOR KRUPSKL Passive. non-golfing ones.
SUPERVISOR RUSSELL: I just want to mention that as a small boy, Bill Ruland had his wooly
mammoth run away, 1 think we know where it ended up now.
LEGISLATOR KRUPSKI: l am done. Thank you. But this really shows what Southold Town
is like, to take control of its destiny here, send a message back to Congress who is totally out of
touch with what is important to Southold and it really sends a good, strong home rule message.
You know as a county representative, I have worked with county planning having discussions
about this, they understand that this is the way to go for Southold Town and please go forward
with this. I know there is a lot of details here, I would just ask you to vote on this in two weeks
and not let it go any further because this is something that should be done, it is attracting a lot of
attention, a lot of it that would go away once the zoning is in place. Thank you for your work.
SUPERVISOR RUSSELL: Thank you, Albert.
COUNCILWOMAN DOHERTY: I want to thank you for initiating this.
LEGISLATOR KRUPSKI: "Thank you.
Supervisor Russell
SUPERVISOR RUSSELL: Who else would like to address the Town Board on this particular
local law? (No response)
Closing Comments
Supervisor Russell
4
Southold fo\\ n 13ourrl \ICeting
5t1P1.I\'yISUK 1ZI SSI.I I Let mC just .{uiCkk sup on thr i"uC of l'lum Island. there IS mo
hattles here, one I realize that roam of you are speaking about the protection ol'a pristine island.
that has an eco-system that is worth saving but we are also struggling to save a facility that this
town desperately needs to stay open. It is a research facility with world importance that employs
400 people regionally. So when it conies time. we are going to need your voices to weigh in to
try to everything you can to try to save that facility. Thank you. Now. would anyone like to
comment on anything?
Dan Catullo, Mattituck
DAN CAI ULLO: Dan Cahdlo, Mattituck. I would like to address first, Mr. Finnegan this is a
legal thing. I brought it up with Scott earlier. 'I his is going to be my last comment that I say on
this dog business but I am only saying it now after the vote that was taken because of some of the
comments that were made but in reference to the law that below mean high water can be a free
running dog area and with that a liability that goes with free running dogs. In other words, if
someone is bitten on my property which the law now states can be open to free running dogs
below mean high water, I am deeded that property below mean high water. It is a unique
situation, 1 have said this about the unique situation. That pertains in my particular area. If
someone is bitten or loses an car such as has happened up island. to It lellow in Port Washington
just about the time of my attack last May a year ago, a $30 million lawsuit was filed in that town.
Someone is bitten, I don't know the person, turns around sues the dog owner, sues the town and
hey, whose yard was it this occurred in'? It's like tripping over a sidewalk that is not properly
fixed, falling in a hole that wasn't covered up in a yard. 1 am going to be liable as well. I stood
up all this time and said I don't want this to happen and 1 have given all the reasons for not
having free running dogs on my frontage there. Free running dogs on your beach property which
is the perimeter of Bailie's or the other town beaches, this is now a new introduction of
something that 1 would like to ask you about an opinion for, 1 mean, what exactly is the status if,
against my wishes now, these free running dogs on my property attack someone and he turns
around and sues me. What happens? What is my liability or should I be indemnified in some
way'?
TOWN ATTORNEY FINNEGAN: I am sorry, I am not able to give you legal advice you
would have to ask your own attorney but I can tell you that I don't believe that you would have
any liability unless it is a situation where you know about it, if it is your dog or a dog you invite
on your property that you are aware has vicious propensities, you allow that to go on and
something happens you may be in a situation where you are going to have exposure. If a dog
runs across your property or any other property as a stray in the town and there is an incident, I
don't believe there is liability (inaudible)
MR. CATULLO: Okay, well it is certainly encouraging there. I would like to say I am saddened
by the vote and I would like to thank Councilman Dinizio for what I consider real reasoned
response to this whole hard, horrid event. And unfortunately, ad hominum arguments have
seemingly taken the day and we had our vote. I won't dwell on that anymore, I suspected it
might be a fait accompli when I came in here. Ms. Doherty mentioned something about yes,
compromise, kicked that around. A lot of words get kicked around. Well, what is a
compromise'? You said we had to start somewhere. Where do we start? We started somewhere
with the non-dog owners at the starting line and the dog owners at the 90 yard line and then the
A IL"L1 I ~nl. I'aac-t1
Southold lout I',oard Mectine
`un i, IHCc 1. So there is nu real eLILIn therr. I don t Lno\\ 11 WLI r~:aliir thi,. \%c have U'ot about
IS percent almost e\actk 15 percent of the time novv tlom 0 percent. dogs now kill be allov~cd
on town beaches, on town beaches in that time frame and monthly frame you have mentioned.
Eighty live percent of the time, eighty five percent in aggregate of all the minutes of all the
months of the year are given over to free running dogs on the beaches. That is not a
compromise. eighty five percent of the time they are given over to free running dogs. Someone
here had the commentary about the birds. piping plovers now with this new law passed the dogs
will be somewhat restricted and that is good, l just wanted to, yes, 1 worked with Audubon
putting up the exposures at many points for years. Well. I can tell you, after 9:00 in the morning
or before 6, yeah, they may be protected, what about the other 85 percent of the time then? What
about those birds then`? I brought up wildlife as well, I don't see how his feeling that those laws
are going to help those animals when the vast majority of the time they are open to violence by
free running dogs. Enforcement was mentioned also. it is now an un-forceable law that we must
enforce. If there was a free running dog on the beach and someone said. hey there it is and the
police said there it is, why is it unenforceable? It seems very easy. Now what we have is an
arbitrary thing. What time is it? Is it 8:55, is it 9:05, is it 6:05, is it before 6. So somebody can
argue my watch said this and the other thing. I mean, it is totally, mean high water comes in
again to play. Was this above on private property, was it below where this thine kicks in? so the
enforceability is infinitely more difficult as I have mentioned before. So that statement doesn't
carry either. And just as a final note, you have rewarded this savage event. The perpetrator or
perpetrators of this savage event, you have rewarded them and all the elements involved. By
making an environment now legal that was previously illegal and therefore encourage further
depredations of this sort. To say 1 am saddened by this is perhaps one of the great
understatements but I can only thank one of you, the fellow at the end there, for what happened
here. Thank you.
Supervisor Russell
SUPERVISOR RUSSELL: Who else would like to address the Town Board on any issue?
Please feel free. Anybody? (No response)
Motion To: Adjourn Town Board Meeting
RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned
at 5:40P.M.
Q
Eli eth A. Neville
Southold Town Clerk
RESULT: ADOPTED JUNANIMOUS1
MOVER: Christopher Talbot, Councilman
SECONDER: Jill Doherty, Councilwoman
AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans. Russell