Loading...
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. 1uLw,t 1 '01" Pa,-,c 6 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: 1'.'01 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 \11 1n~t I,.'01 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 \U_U't I._ _'01? I':r,C "6 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 I _'01 ; I'u_c 3R 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'? '01 ,)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