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HomeMy WebLinkAboutTB-04/23/2013 ELIZABETH A. NEVILLE b~F~pl¢ Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER y+lof ~aa Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING April 23, 2013 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, April 23, 2013 at the Meeting Hall, Southold, NY. Call to Order 4:30 PM Meeting called to order on April 23, 2013 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived James Dinizio Jr Town of Southold Councilman Present William 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 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. Solid Waste District Monthly Reports 2. Town Clerk 3. Program for the Disabled 4. Board of Trustees 5. Claim Lag Report 6. Zoning Board of Appeals Monthly Report II. Public Notices 1. NYS Liquor License - New Application Page 1 April 23, 2013 2 Southold Town Board Meeting III. Communications IV. Discussion 1. 9:00 Am - Kathleen Cunningham, Quiet Skies Coalition Chairperson 2. 9:45 Am - Leslie Weisman, ZBA Chairperson 3. 9:30 Am - Kevin Ford, UR Energy 4. 10:00 Am - John Sepenoski, Michael Collins and Jamie Richter 5. 10:15 Am - Jeff Standish, Michael Collins and Jamie Richter 6. 10:30 Am - Chief Martin Flatley and Jeff Standish, DPW 7. Nominations for Suffolk County Planning Commission 8. Extend Trustees, Building Permits and Certain Tipping Fee Waivers 9. Appointments/Re-Appointments for Committee Vacancies 10. 11:30 Am - Heather Lanza, Planning Director 11. EXECUTIVE SESSION - Litigation 12. EXECUTIVE SESSION - Labor 13. EXECUTIVE SESSION -11:45 Am - Melissa Spiro 14. Motion To: Motion to Enter Executive Session 12:29 PM RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 12:29 PM for the purpose of discussing the following matters: (1) The proposed acquisition, sale or lease of property which if disclosed would substantially affect the value thereof. (2) Litigation: Strategy discussions regarding proposed, pending or current litigation on following matter: Jackson vs. Town of Southold (3) The employment history and performance of a particular person or persons and matters leading to the appointment, employment, promotion, discipline, suspension, dismissal or removal of a particular person or persons. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell 15. Motion To: Motion to Exit Executive Session 2:57 PM April 23, 2013 3 Southold Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at AM/PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell 16. Motion To: Recess 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby Recess this 9:00 AM meeting of the Town Board until the Regular 4:30 PM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell 17. Resolutions added as a result of Executive Session Resolutions added: # 345, 346, 347 Pledge of Allegiance to the Flag Motion To: Reconvenes 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby reconvenes the 9:00 AM meeting of the Southold Town Board at 4:30PM at the Regular Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell Special Presentation and Opening Comments Arbor Day Presentations Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance to the Flag. Thank you. Before we get to the regular meeting, we are going to have a presentation and I am going to invite David Cichanowicz, President of the Southold Town Tree Committee to come on up. David Cichanowicz, Chairman Tree Committee DAVID CICHANOWICZ: Good afternoon everyone. Every year we have, the Southold Town Tree Committee, a contest for the best poster representing Arbor Day. That we are celebrating this Saturday. It is offered to all the schools in the Town of Southold and tonight is the night that we present the winners. So with that being said, we are going to start with Tia Flythe, the best April 23, 2013 4 Southold Town Board Meeting poster from the New Suffolk School District. Which one is yours Tia? Good job. We go through hundreds of these, so it is hard to pick out a winner. This is a $25 gift card for you. Now we have winners from Greenport and Our Lady of Mercy. Are they here tonight? I will just mention them, from Our Lady of Mercy it's Karina Ellis, she also will get one of these certificates and a $25 gift card and from Greenport, is Andrea-Mena Ochoa. For our grand prize winner, number one overall for all Oysterponds, this year a little different because we had a group effort on making the poster, so two gentlemen, Chris Vedder and Jacob Kahn are the winners of this year's poster contest. Chris, point out your poster. And along with the poster, we made book marks to hand out to all the elementary schools that will have their poster on the bookmarks. SUPERVISOR RUSSELL: On behalf of the entire Town Board, congratulations on a job well- done. Thank you very much. Congratulations again to all the winners. I would invite anybody when the meeting is over to please take the time to come up and take a look at all the posters along the dais and outside in the foyer. They really are a good example of how great the kids are in this community. With that being said, I would ask anyone that would like to comment on any of the agenda items to please feel free to come up at this time? No response. V. Resolutions 2013-310 CATEGORY. Audit DEPARTMENT.• Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated April 23 2013. V Vote Record - Resolution RES-2013-310 0 Adopted ? Adopted as Amended ? Defeated Ves/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Roland Voter 0 ? ? ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's App[ Christopher Talbot Seconder 0 ? ? ? ? Rescinded Louisa P. Evans Mover 2 ? ? ? ? Town Clerk's App[ Scott Russell Voter 0 ? ? ? ? Said Hgwys Appt ? No Action 2013-311 CATEGORY.• Set Meeting April 23, 2013 5 Southold Town Board Meeting DEPARTMENT: Town Clerk Set Next Regular Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, May 7, 2013 at the Southold Town Hall, Southold, New York at 7:30 P.M.. ? Vote Record - Resolution RES-2013-311 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ! ? Withdrawn William Ruland Voter 0 ? ? ? ? Supervisor's ApPt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Seconder 0 ? ? ? ? Rescinded Louisa P. Evans Mover 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-295 Tabled 41912013 7:30 PM CATEGORY.• Employment - Town DEPARTMENT: Accounting Appoint PT Clerk Tax Receiver's Office RESOLVED that the Town Board of the Town of Southold hereby appoints Amy Maguire-Burns to the position of Part-Time Clerk in the Tax Receiver's Office effective April 15, 2013 at a rate of $12.92 per hour, position not to exceed 17.5 hours per week. ? Vote Record - Resolution RES-2013-295 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Mover 0 ? ? ? ? Withdrawn William Roland Voter 0 ? ? ? ? Supervisor's Appi Jill Doherty Seconder 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Voter 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appi ? No Action April 23, 2013 6 Southold Town Board Meeting 2013-312 CATEGORY. Authorize to Bid DEPARTMENT: Town Clerk Advertise Vehicles for Sale RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to advertise the following vehicles for sale in "as in" condition ( minimum bid to be determined): Asset # Vehicle VIN # 2328 1998 FORD RANGER IFTYRIOCOWUB81983 2329 1998 FORD RANGER 1FTYRIOC2WUB81984 ? Vote Record - Resolution RES-2013-312 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Roland Seconder 0 ? ? ? ? Supervisor's Appt Jill Doherty Mover 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Voter 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-313 CATEGORY. Attend Seminar DEPARTMENT.• Zoning Board of Appeals Seminar Authorization for Vicki Toth ZBA RESOLVED the Town Board of the Town of Southold hereby grants permission to Vicki Toth of the Zoning Board of Appeals department to attend a seminar on Residential Decks and Pools sponsored by NYS Department of State, Division of Code Enforcement and Administration, at Patchogue Fire Department, on May 8, 2013. All expenses for travel to be a legal charge to the 2013 ZBA budget (meetings and seminars). ? Vote Record - Resolution RES-2013-313 0 Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended James Dinizio Jr Voter 0 ? ? ? Defeated William Roland Mover 0 ? ? ? ? Tabled Jill Doherty Voter 0 ? ? ? ? Withdrawn Christopher Talbot Voter 0 ? ? ? ? Supervisor's Appt Louisa P. Evans Seconder 0 ? ? ? April 23, 2013 7 Southold Town Board Meeting ? Tax Receiver's Appt Scott Russell Voter 0 ? ? ? ? Rescinded ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action 2013-314 CATEGORY.• Attend Seminar DEPARTMENT: Planning Board Attend Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Heather Lanza, Planning Director, and Mark Terry, Principal Planner, to attend a seminar on Alternative Fuel Fleets in Riverhead, NY, on April 26 , 2013. All expenses for registration and travel are to be a legal charge to the 2013 budget (meetings and seminars). I Vote Record - Resolution RES-2013-314 0 Adopted ? Adopted as Amended ?Defeated Yes/Aye No/NayAbstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Roland Voter El ? ? ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Seconder 0 ? ? ? ? Rescinded Louisa P. Evans Mover 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-315 CATEGORY.• Employment - FIFD DEPARTMENT.• Accounting Increase Salary of Polly C. Ford RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted April 15, 2013 that increases the salary of Polly C. Ford to $15.00 per hour. Vote Record - Resolution RES-2013-315 0 Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended James Dinizio Jr Voter 2 ? ? ? April 23, 2013 8 Southold Town Board Meeting ? Defeated William Ruland Voter 0 ? ? ? ? Tabled Jill Doherty Seconder ® ? ? ? ? Withdrawn Christopher Talbot ! Mover ® - ? ? ? ? Supervisor's APpt Louisa P. Evans Voter ® ? ? ? ? Tax Receiver's Appt Scott Russell Voter ® ? ? ? ? Rescinded ? Town Clerk's Appt ? Supt Hgwys Apia ? No Action 2013-316 CATEGORY: Close/Use Town Roads DEPARTMENT.• Town Clerk Grant Permission to the Cutchogue-New Suffolk Historical Council to Close Cases Lane Financial Impact: Police Department Cost for Event = $304.40 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Cutchogue-New Suffolk Historical Council to close Cases Lane from Cedar Road to Main Road, Cutchogue, from 7:00 AM to 5:00 PM for its Annual Antiques Show and Sale, on Saturday, July 6, 2013, provided they 1. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured (on file); 2. Coordinate traffic control upon notification of the adoption of this resolution with Captain Kruszeski 3. No objects of any kind shall be thrown to event spectators 4. No permanent markings be placed on town, county or state roads or property for the event; 5. Any road markings or signs for the event be removed within twenty-four (24) hours of the completion of the event. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All Town fees for this event are waived. I Vote Record - Resolution RES-2013-316 0 Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended - - - - James Dinizio Jr Mover a ? ? ? ? Defeated - ? Tabled William Ruland Voter Rl ? ? ? ? Withdrawn Jill Doherty Voter El ? ? ? ? Supervisor's Appt Christopher Talbot Voter m ? ? ? ? Tax Receiver's Appt Louisa P. Evans Seconder 0 ? ? ? ? ? ? Rescinded Scall Russell Voter 0 11 April 23, 2013 9 Southold Town Board Meeting ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action 2013-317 CATEGORY.- Attend Seminar DEPARTMENT.- Public Works EiKO Presentation Resolved that the Town Board of Southold hereby grants permission to Tim Abrams to attend a free seminar in Greenport, on May 8, 2013, all expenses for registration, travel to be a legal charge to the 2013 budget (meetings and seminars). ? Vote Record - Resolution RES-2013-317 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Noy Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? Withdrawn William Ruland Seconder 0 ? ? ? ? Supervisor's APpt Jill Doherty Mover 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Voter 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? - ? ? ? Supt Hgwys Appt - - - ? No Action 2013-318 CATEGORY.- Property Usage DEPARTMENT.- Recreation Approve Changes to Park and Recreation Property Application RESOLVED that the Town Board of the Town of Southold hereby approves the revised "Application for Use of Southold Parks Facilities" in connection with usage guidelines and fees for Town Park and Recreation properties, which revisions were previously approved by the Town's Parks, Beaches & Recreation Committee. Vote Record - Resolution RES-2013-318 0 Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended James Dinizio Jr Voter 0 ? ? ? ? Defeated William Ruland Mover 0 ? ? ? ? Tabled Jill Doherty Voter 0 ? ? ? April 23, 2013 10 Southold Town Board Meeting ? Withdrawn Christopher Talbot Voter 0 ? ? ? ? Supervisor's Appt Louisa P. Evans - Seconder 0 ? ? ? ? Tax Receiver's Appt Scott Russell Voter 0 ? ? ? ? Rescinded ? Town Clerk's Appt ? Supt Hgwys Apo ? No Action 2013-319 CATEGORY. Authorize to Bid DEPARTMENT: Highway Department Authorize and Directs the Town Clerk to Advertise for Various Road Treatment Bids for the Calendar Year 2013 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for various road treatment bids for the calendar year 2013. ,r Vote Record - Resolution RES-2013-319 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye NotNay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Roland Voter El ? ? ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? - ? ? Tax Receiver's Appt Christopher Talbot Seconder 0 ? ? ? ? Rescinded Louisa P. Evans Mover 0 ? - ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-320 CATEGORY: Close/Use Town Roads DEPARTMENT. Town Clerk Grant Permission to the Orient Fire Department to Hold Its Annual Memorial Day Parade Financial Impact: Police Department Cost for the Event = $65.65 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Orient Fire Department to use the following route for its Annual Memorial Day Parade in Orient on Monday, May 27, 2013 beginning at 7:30 AM: begin at the Firehouse and take April 23, 2013 11 Southold Town Board Meeting Tabor Road to Orchard Street to Navy Street to Village Lane to Main Road and back to the Firehouse, provided they 1. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; 2. Coordinate traffic control upon notification of the adoption of this resolution with Captain Kruszeski 3. No objects of any kind shall be thrown to event spectators 4. No permanent markings be placed on town, county or state roads or property for the event; 5. Any road markings or signs for the event be removed within twenty-four (24) hours of the completion of the event. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All town fees are waived. ? Vote Record - Resolution RES-2013-320 0 Adopted ? Adopted as Amended ? Defeated Yes/Ayc No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Roland Voter 0 ? ? ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Mover 0 ? ? ? ? Rescinded Louisa P. Evans seconder 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-321 CATEGORY. Ratify Fishers Island Reso. DEPARTMENT. Town Clerk FIFD Peak Rate Period RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated April 15, 2013 to change the peak rate period as follows: Resolved that the Fishers Island Ferry District Board of Commissioners hereby approves that the peak rate period for 2013 runs from May 15, 2013 through September 30, 2013. At all other times the non-peak rate schedule will be in effect. ? Vote Record - Resolution RES-2013-321 0 Adopted a - ? Adopted as Amended Yes/Aye No/Nay Abstain Absent ? Defeated James Dinizio Jr Mover 21 ? ? April 23, 2013 12 Southold Town Board Meeting ? Tabled William Ruland Voter 0 ? ? ? ? Withdrawn Jill Doherty Voter - ® ? ? ? ? Supervisor's Appt Christopher Talbot - Voter 0 ? ? ? ? Tax Receiver's Appt Louisa P. Evans Seconder 0 ? ? ? ? Rescinded Scott Russell Voter 0 ? ? ? ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action 2013-322 CATEGORY.• Contracts, Lease & Agreements DEPARTMENT. Land Preservation Authorize Supervisor to Sign Amendment No. 1 Coop. Agreement RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Supervisor to execute Amendment No. 1 to Cooperative Agreement No. 73-2C31-2- 1 BHF between the United States of America Commodity Credit Corporation and the Town of Southold for the implementation of the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) 2012 Federal Farm and Ranch Lands Protection Program (FRPP) to amend the original agreement to include language to allow for agricultural subdivision with certain conditions. All other terms and conditions of the original agreement remain unchanged and in full force and effect. The Amendment is subject to the approval of the Town Attorney. I Vote Record - Resolution RES-2013-322 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 O ? ? ? Withdrawn William Roland Seconder 0 ? ? ? ? Supervisor's Appt Jill Doherty Mover 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Voter 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? Supt Hgwys Appt ? No Action 2013-323 CATEGORY. Attend Seminar DEPARTMENT. Building Department April 23, 2013 13 Southold Town Board Meeting Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to Building Permits Examiner Patricia Conklin and Building Permits Examiner Damon Rallis to attend a seminar on Fire and Structural Safety Inspections for Public and Private Schools and Residential Decks and Pools in Patchogue, on May 8, 2013. All expenses for registration and travel to be a legal charge to the 2013 Building Department budget (meetings and seminars). I Vote Record - Resolution RES-2013,323 ® Adopted ? Adopted as Amended ? Defeated Ves/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter ® ? ? ? ? Withdrawn William Ruland Mover ® ? ? ? ? Supervisor's Appt Jill Doherty Voter ® ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter [a ? ? ? ? Rescinded Louisa P. Evans Seconder ® ? ? ? ? Town Clerk's Appt Scott Russell Voter ® ? ? ? ? Supt Hgwys Appt ? No Action 2013-324 CATEGORY. Contracts, Lease & Agreements DEPARTMENT. Town Attorney No Cost Time Extension/Contract 0007079 W/DOS RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Modification Agreement Form between the Town of Southold and the New York State Department of State in connection with a no-cost extension of time extending the term of Contract #0007079 (Restoration of Goldsmith Inlet) to December 31, 2014, subject to the approval of the Town Attorney. I Vote Record - Resolution RES-2013-324 21 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Ruland Voter 0 ? ? ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Seconder ® ? ? ? ? Rescinded Louisa P. Evans Mover m ? ? ? ? Town Clerk's Appt Scott Russell Voter Rl ? ? ? ? Supt Hgwys Appl ? No Action April 23, 2013 14 Southold Town Board Meeting 2013-325 CATEGORY. Contracts, Lease & Agreements DEPARTMENT.• Town Attorney Execute the Sponsor Concurrence to the Damage Survey Report of the USDA's Natural Resource Construction Service and Form SF-424 Entitled "Application for Federal Assistance " RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Sponsor Concurrence to the Damage Survey Report of the USDA's Natural Resource Conservation Service, Form SF-424 entitled "Application for Federal Assistance", and any and all other related documents, relative to the request for funding from the Emergency Watershed Protection Program for repair of damaged dikes on certain a 'cultural parcels in the Town, subject to the approval of the Town Attorney ? Vote Record - Resolution RES-2013-325 El Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 61 - ? ? ? ? Withdrawn William Ruland Voter ® ? ? ? ? Supervisor's APpt Jill Doherty Voter ® ? ? ? ? Tax Receiver's Appt Christopher Talbot Mover ® ? ? ? ? Rescinded Louisa P. Evans Seconder ® ? ? ? ? Town Clerk's Appt Scott Russell Voter m ? ? ? ? Supt Hgwys Appt ? No Action 2013-326 CATEGORY: Committee Appointment DEPARTMENT. Town Clerk Agricultural Advisory Committee Reappointments RESOLVED the Town Board of the Town of Southold hereby reappoints Chris Baiz, Douglas Cooper and John Sepenoski to the Agricultural Advisory Committee through March 13, 2016. ? Vote Record - Resolution RES-2013-326 ® Adopted - ? Adopted as Amended Yes/Aye No/Nay Abstain Absent Defeated James Dinizio Jr Mover D ? ? ? ? Def ? Tabled William Roland Voter p ? ? ? ? Withdrawn Jill Doherty Voter p ? ? ? ? Supervisor's Appi Christopher Talbot Voter 0 ? ? ? April 23, 2013 15 Southold Town Board Meeting ? Tax Receiver's Appt Louisa P. Evans Seconder 0 ? ? ? ? Rescinded Scott Russell Voter El ? ? ? ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action 2013-327 CATEGORY. Committee Appointment DEPARTMENT.- Town Clerk Anti-Bias Task Force Reappointments and Appointments RESOLVED the Town Board of the Town of Southold hereby reappoints Merle Levine, Peter Bel, and Valerie Shelby and appoints LeRoy J. Heyliger and Susan Dingle effective immediately through March 13, 2016. ? Vote Record - Resolution RES-2013.327 0 Adopted ? Adopted as Amended _ ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? _ ? ? Withdrawn William Ruland Seconder 0 ? 0 ? ? Supervisor's Appt Jill Doherty Mover 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Voter 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-328 CATEGORY. Committee Appointment DEPARTMENT:- Town Clerk Architectural Review Committee Reappointments RESOLVED the Town Board of the Town of Southold hereby reappoints Elizabeth Thompson, Architect through March 31, 2016 and Joseph Lee through March 31, 2015 to the Architectural Review Committee. ? Vote Record - Resolution RES-2013-328 0 Adopted e - ? Adopted as Amended Yes/Aye No/Nay Abstain Absent April 23, 2013 16 Southold Town Board Meeting ? Defeated James Dinizio Jr Voter 0 ? ? ? ? Tabled William Roland Mover 0 ? ? ? ? Withdrawn -Jill Doherty Seconder 0 ? ? ? ? Supervisor's APpt Christopher Talbot Voter 0 ? ? ? ? Tax Receiver's Appt Louisa P. Evans Voter 0 ? ? ? ? Rescinded Scott Russell Voter 0 ? ? ? ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action 7~~E 2013-329 CATEGORY. Committee Appointment DEPARTMENT.' Town Clerk Reappointments to the Conservation Advisory Council RESOLVED the Town Board of the Town of Southold hereby reappoints William McDermott, Peter Young, Derek Bossen, Charles Hardy and John McGreevy to the Conservation Advisory Council through March 31, 2015 V Vote Record - Resolution RES-2013-329 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Ruland Voter 0 ? ? ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Seconder El ? ? ? ? Rescinded Louisa P. Evans Mover 0 ? ? ? ? Town Clerk's Appi Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action Statement regarding resolution 329 COUNCILMAN TALBOT: In regards to that last one, Conservation Advisory Council. We discussed it today, we have the two open student positions, so if there is anybody, we will be advertising in the schools in the upcoming weeks and if any student is interested in participating, it is a voluntary position but we need two students from the community. 2013-330 CATEGORY.- Committee Appointment April 23, 2013 17 Southold Town Board Meeting DEPARTMENT. Town Clerk Reappointment to Ethics Board RESOLVED the Town Board of the Town of Southold hereby reappoints Richard R. Prieto Sr. to the Ethics Board through March 31, 2018. ? Vote Record - Resolution RES-2013-330 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Roland Voter 0 ? ? ? ? Supervisor's APpt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Mover ! 0 ? ? ? ? Rescinded Louisa P. Evans Seconder 0 ? ? ? ? Town Clerk's Appi Scott Russell Voter El ? ? ? ? Supt Hgwys Appt ? No Action 2013-331 CATEGORY. Committee Appointment DEPARTMENT. Town Clerk Appointments and Reappointments to Deer Management Task Force RESOLVED the Town Board of the Town of Southold hereby reappoints John Betsch, John Haas, John Rasweiler, John Rumpler IV, Adam West and Jeff Standish and appoints Laura Klahre and Robert Lehnert to the Deer Management Task Force through March 13, 2016. ? Vote Record - Resolution RES-2013-331 0 Adopted ? Adopted as Amended ? Defeated Ves/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Mover 0 ? ? ? ? Withdrawn William Roland Voter 0 ? ? ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Seconder 0 ? ? ? ? Town Clerk's Appt Scott Russell ! Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action April 23, 2013 18 Southold Town Board Meeting 2013-332 CATEGORY: Contracts, Lease & Agreements DEPARTMENT.• Town Attorney Execute the Agreement Between the Town of Southold and the Village of Greenport for the Use of the Village Marine Pump-Out Station 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 Village of Greenport for the use of the Village Marine Pump-Out Station in connection with the Trustees' pump-out boat for the period May 17, 2013 through October 14, 2013, subject to the a roval of the Town Attorney. ? Vote Record - Resolution RES-2013-332 --g -Adopted ? Adopted as Amended ? Defeated Ves/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? - ? ? ? Withdrawn William Ruland Seconder 0 ? ? ? ? Supervisor's Appt Jill Doherty Mover 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Voter 0 ? ? ? ? Town Clerk's Appt Scott Russell over 0 ? ? p ? Supt Hgwys Appt - ? No Action 2013-333 CATEGORY.• Committee Appointment DEPARTMENT: Town Clerk Reappointment to FI Harbor Comm RESOLVED the Town Board of the Town of Southold hereby reappoints Elbert Burr, Jr. to the Fishers Island Harbor Committee through March 31, 2018. ? Vote Record - Resolution RES-2013-333 0 Adopted Ves/Aye No/Nay Abstain Absent ? Adopted as Amended - James Dinizio Jr Voter 0 ? ? ? Defeated William Ruland Mover 0 ? ? ? ? Tabled ? Withdrawn Jill Doherty Voter 0 ? ? ? ? Supervisor's Appt Christopher Talbot Voter 0 ? ? ? ? Tax Receiver's Appt Louisa P. Evans Seconder 0 ? ? ? ? Rescinded Scott Russell Voter 0 ? ? ? ? Town Clerk's Appt April 23, 2013 19 Southold Town Board Meeting ? Supt Hgwys Appt ? No Action 2013-334 CATEGORY.• Committee Appointment DEPARTMENT. Town Clerk Appointment and Reappointment to Historic Preservation Commission RESOLVED the Town Board of the Town of Southold hereby reappoints James Garretson and Gary Parker and appoints Robert Harper to the Historic Preservation Commission through March 31, 2017. I Vote Record - Resolution RES-2013-334 0 Adopted ? Adopted as Amended ? Defeated ! Yes/Aye No/Noy Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Ruland Voter 0 ? ? ? ? Supervisor's Appt Jill Doherty Voter El ? ? ? ? Tax Receiver's Appt Christopher Talbot Seconder El ? ? ? ? Rescinded Louisa P. Evans Mover El ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-335 CATEGORY.• Committee Appointment DEPARTMENT: Town Clerk Reappointments to Housing Advisory Committee RESOLVED the Town Board of the Town of Southold hereby reappoints John Vitteritti, Jeanne P. Kelley and Michael Z. Herbert to the Housing Advisory Committee through March 31, 2016. V Vote Record - Resolution RES-2013-335 0 Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended - James Dinizio Jr Voter 0 ? ? ? ? Defeated ? Tabled William Ruland Voter 0 ? ? ? Withdrawn Jill Doherty Voter 0 ? ? ? ? Supervisor's Appt Christopher Talbot Mover 0 ? ? ? April 23, 2013 20 Southold Town Board Meeting ? Tax Receiver's Appt Louisa P. Evans Seconder 0 ? ? ? ? Rescinded Scott Russell Voter 0 ? ? ? ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action 2013-336 CATEGORY: Committee Appointment DEPARTMENT.• Town Clerk Reappointments to Land Preservation Committee RESOLVED the Town Board of the Town of Southold hereby reappoints Lillian Ball, Allan Connell, and Anne Murray through March 31, 2014 and Eric Keil, Norman "Sam" McCullough and John Sepenoski through March 31, 2015 to the Land Preservation Committee. ? Vote Record - Resolution RES-2013-336 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Mover El ? ? ? ? Withdrawn William Ruland Voter 0 ? ? ? ? Supervisor's Appt Jill Doherty Seconder 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Voter 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-337 CATEGORY.• Committee Appointment DEPARTMENT: Town Clerk Reappointments to Parks, Beaches and Recreation Committee RESOLVED the Town Board of the Town of Southold hereby reappoints Carlos Gonzalez and John Betsch to the Parks, Beaches and Recreation Committee through March 31, 2016. ? Vote Record - Resolution RE&2013-337 0 Adopted ? Adopted as Amended Yes/Aye No/Nay Abstain Absent ? Defeated James Dinizio Jr Voter 0 ? ? ? April 23, 2013 21 Southold Town Board Meeting ? Tabled William Roland Seconder 0 ? 13 ? ? Withdrawn Jill Doherty Mover 0 ? ? ? ? Supervisors Appt Christopher Talbot Voter 0 ? ? ? ? Tax Receivers Appt Louisa P. Evans Voter 0 ? ? ? ? Rescinded Scott Russell Voter 0 ? ? ? ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action 2013-338 CATEGORY.- Committee Appointment DEPARTMENT. Town Clerk Appointment and Reappointment to Transportation Commission RESOLVED the Town Board of the Town of Southold hereby reappoints James Baker III and appoints Rona Smith to the Transportation Commission through March 31, 2016. ? Vote Record - Resolution RES-2013-338 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Mover 0 ? p ? ? Withdrawn William Roland Voter 0 ? ? ? ? Supervisors Appt Jill Doherty Voter 0 - ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Seconder 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-339 CATEGORY. Committee Appointment DEPARTMENT: Town Clerk Reappointments to Tree Committee RESOLVED the Town Board of the Town of Southold hereby reappoints Philip Goldman, Margaret Murphy and Donald Grim to the Tree Committee through March 31, 2016. ? Vote Record - Resolution RES-2013-339 0 Adopted Yes/Aye No/Nay Abstain Absent April 23, 2013 22 Southold Town Board Meeting ? Adopted as Amended James Dinizio Jr Voter 0 ? 13 ? ? Defeated William Ruland Voter 0 ? ? ? ? Tabled Jill Doherty Voter 0 ? ? ? ? Withdrawn Christopher Talbot Seconder 0 ? ? ? ? Supervisor's Appt Louisa P. Evans Mover 0 ? ? ? ? Tax Receiver's Appt Scott Russell Voter 0 ? ? ? ? Rescinded ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action 2013-340 CATEGORY. Committee Appointment DEPARTMENT.• Town Clerk Reappointments to the Police Advisory Committee RESOLVED the Town Board of the Town of Southold hereby reappoints Joseph Conway, Sr. and Henry Flinter to the Police Advisory Committee through March 31, 2016. -1 Vote Record - Resolution RES-2013-340 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Roland Voter 0 ? ? ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Mover 0 ? ? ? ? Rescinded Louisa P. Evans Seconder 0 ? ? ? ? Town Clerk's App[ Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-341 CATEGORY' Committee Appointment DEPARTMENT. Town Clerk Reappointments and Removals from Youth Board RESOLVED the Town Board of the Town of Southold hereby reappoints Bill Brewer, Karen Mclaughlin, Andrea Nydegger, Jillian Ruroede, Jeff Standish and Elaine White to the Youth April 23, 2013 23 Southold Town Board Meeting Board through March 31, 2015 and removes Dan Durett from the Youth Board. ? Vote Record - Resolution RES-2013-341 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Mover 0 ? ? ? ? Withdrawn William Roland Voter 0 ? ? ? ? Supervisor's Appt Jill Doherty 70-to ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Seconder Rl ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-342 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoints Jeffery T. Standish Executive Assistant RESOLVED that the Town Board of the Town of Southold hereby releases Jeffery T. Standish from the position of Town Maintenance Crew Leader, eliminates the $8,000 Deputy Department Head stipend effective immediately, and appoints Jeffery T. Standish to the position of Executive Assistant effective April 24, 2013 at a base salary of $80,219 which is chargeable to the Public Works Administration budget (A. 1490. 1. 100. 100). ? Vote Record - Resolution RES-2013-342 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter El ? ? ? ? Withdrawn William Ruland Seconder 0 ? ? ? ? Supervisor's Appt Jill Doherty Mover 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Voter 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-343 CATEGORY: Public Service DEPARTMENT: Town Attorney April 23, 2013 24 Southold Town Board Meeting Adopt Stormwater Management Program Plan RESOLVED that the Town Board of the Town of Southold hereby adopts the Stormwater Management Program Plan, revised April 18, 2013, which details the Town's efforts to comply with the Phase II Stormwater Permit requirements for Municipal Separate Storm Sewer Systems MS4s . V Vote Record - Resolution RES-2013-343 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Ruland mover 0 ? ? ? ? Supervisor's APpt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Seconder 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-344 CATEGORY. Employment - Town DEPARTMENT. Accounting Hire Two Pump Out Boat Operators RESOLVED that the Town Board of the Town of Southold hereby appoints David Comando and Robert A. Goodale, each to the seasonal position of Pumpout Boat Operator for the Trustees, effective Ma 17, 2013 through October 14, 2013, at a rate of $16.00 per hour. -1 Vote Record - Resolution RES-2013-344 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nsy Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Roland Voter 0 ? ? ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Seconder 0 ? ? ? ? Rescinded Louisa P. Evans Mover 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action April 23, 2013 25 Southold Town Board Meeting 2013-345 CATEGORY' Committee Appointment DEPARTMENT. Town Clerk Appointment ofAmy Maguire-Burns as the Business Liaison RESOLVED the Town Board of the Town of Southold hereby appoints Amy D. Maguire-Burns as the "Town of Southold Business Liaison," a volunteer position that will work with the Town Board and the Economic Development Committee to represent the Town's intent in creating an atmosphere that welcomes new businesses and assists in retaining existing businesses. ? Vote Record - Resolution RES-2013-345 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Roland Voter 0 ? ? ? ? Supervisor's APpt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Mover 0 ? ? ? ? Rescinded Louisa P. Evans Sewnder m ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys App[ ? No Action Comments regarding resolution 346 COUNCILMAN DINIZIO: I just want to make a comment on this, that the next gentleman that we are voting on is to replace me and he is eminently more qualified than I was when I was first appointed to the Board. 2013-346 CATEGORY. Employment - Town DEPARTMENT. Town Clerk Appoint Member to the Southold Town Zoning Board of Appeals RESOLVED that the Town Board of the Town of Southold hereby appoints Eric Dantes to the Southold Town Zoning Board of Appeals effective April 23, 2013 through December 31, 2014, to fill the vacancy created when James Dinizio was appointed to the Town Board. ? Vote Record - Resolution RES-2013-346 0 Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended ? Defeated James Dinizio Jr Mover ? 0 ? ? ? Tabled William Ruland Seconder 0 ? ? ? ? Withdrawn Jill Doherty Voter 0 ? ? ? ? Supervisor's Appt Christopher Talbot Voter 0 ? ? ? ? Tax Receivers Appi Louisa P. Evans Voter 21 ? ? ? April 23, 2013 26 Southold Town Board Meeting ? Rescinded Scott Russell Voter 0 ? ? ? ? Town Clerk's Apin ? Supt Hgwys Appt ? No Action 2013-347 CATEGORY.• Litigation DEPARTMENT. Town Attorney Claim Settlement/Ruth Randolph A/K/A Ruth Gardner RESOLVED that the Town Board of the Town of Southold hereby approves the settlement of said Notice of Claim of Ruth Randolph a/k/a Ruth Gardner in the sum of $6,181.94, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2013-347 0 Adopted ? Adopted as Amended ? Defeated YeeAye No/Noy Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Roland Seconder 0 ? ? ? ? Supervisor's APpt Jill Doherty Mover 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter 0 ? ? - ? ? Rescinded Louisa P. Evans Voter 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? Supt Hgwys Appt ? No Action 2013-348 CATEGORY.• Property Acquisition Purchase DEPARTMENT.• Land Preservation New Suffolk Land Co (PL T) to Town Dev Rights Purchase/SEQRA WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by New Suffolk Land Co, IV, LLC (Peconic Land Trust, Incorporated as Contract Vendee) on the 23rd day of April, 2013, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-55.-1-9. The address is 3340 Horton Lane in Southold. The property is located in the A-C zoning district and is situated on the April 23, 2013 27 Southold Town Board Meeting easterly side of Horton Lane approximately 150 feet north of the intersection of Horton Lane and County Route 48 in Southold, New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 13.897+ acres (subject to survey) of the 15.734± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the easement will be acquired using Community Preservation Funds. The purchase price is $65,000 (sixty-five thousand dollars) per buildable acre for the 13.897+ acre easement plus acquisition costs; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; and, WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEORA Rules and Regulations, 6NYCRR 617.1 et. Sea., and WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by New Suffolk Land Co, IV, LLC April 23, 2013 28 Southold Town Board Meeting (Peconic Land Trust as Contract Vendee) identified as part of SCTM #1000-55.-1-9. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. V Vote Record - Resolution RES-2013-348 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye : No/Noy Abstain Absent ? Tabled James Dinizio Jr Voter ® ? ? ? ? Withdrawn William Ruland Voter 0 ? ? ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Seconder RI ? ? ? ? Rescinded Louisa P. Evans Mover 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action VI. Public Hearines Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 5:00 PM in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Dinizio Jr, Roland, Doherty, Talbot, Evans, Russell Set Public Hearing New Suff Land Co (PLT) Dev Rights Easement RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell Councilman Christopher M. Talbot COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town . Code, the Town Board of the Town of Southold hereby sets Tuesday, April 23, 2013, at 4:32 p.m., Southold Town Hall, 53095 Main Road, Southold New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by New Suffolk Land Co, IV, LLC (Peconic Land Trust, Incorporated as Contract Vendee Said property is identified as SCTM #1000-55.-1-9. The address is 3340 Horton Lane in April 23, 2013 29 Southold Town Board Meeting Southold. The property is located in the A-C zoning district and situated on the easterly side of Horton Lane approximately 150 feet north of the intersection of Horton Lane and County Route 48 in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 13.897± acres (subject to survey) of the 15.734± acre parcel The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $65,000 (sixty-five thousand dollars) per buildable acre for the 13.897± acre easement plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have a notice that it was posted in the Suffolk Times on April 18, 2013. It was posted on the Town Clerk's bulletin board on April 10, 2013. I also have a letter from Mark Terry, Principal Planner and LWRP coordinator "The proposed action is the acquisition of a development rights easement on part of SCTM 55-1-9 consisting of approximately 13.897 acres (subject to survey) of the 15.734 acre parcel. The action has been reviewed to Chapter 268, Waterfront Consistency Revitalization Program (LWRP) policy standards. Based upon the information provided on the LWRP consistency assessment form submitted to this department as well as the records available to me, it is my recommendation that the proposed action is consistent with the policy standards and therefore is consistent with the LWRP." And that is it. Supervisor Russell SUPERVISOR RUSSELL: Would anybody care to address the Town Board on this particular local law? Melissa Spiro, Land Preservation Coordinator MELISSA SPIRO: Melissa Spiro, Land Preservation Coordinator. Good afternoon. As was noted, this is a farmland development rights purchase. The Town is purchasing an easement on just under 14 acres for agricultural purposes. There is an area of about 80,000 square feet which will remain attached, that is an excluded area but that will remain attached to the preserved land. The area is shown on the map. This is a great parcel from an agricultural standpoint, it is all prime soils and once this farm is preserved, there will be a block right between the four roads there, Horton's, Young's, County Route 48 and Old North Road of 70 acres of preserved land and if we go to all the different sides of the four roads, the expanse continues and the preserved area is an additional 145 acres for a total of over 200 acres of preserved land. And the Town, Southold has been trying to continue preservation of blocks of farmland and this piece is key to completing a good block of preserved farmland. Both the Land Preservation Committee and I have been working pretty hard on this to get this done. We recommend that the Town Board April 23, 2013 30 Southold Town Board Meeting proceed with completing the project and authorizing a resolution to purchase the easement and we expect to close hopefully before the end of May. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? Tim? Tim Caufield, Peconic Land Trust TIM CAULFIELD: Good afternoon. My name is Tim Caulfield, I am with the Peconic Land Trust, also a resident here in Cutchogue. And as you can see, the Peconic Land Trust is contract vendee on this transaction, so obviously we want to come out in strong support of it. We are hoping that if all goes well, we will be the owner at least on a temporary basis, in the near future. I also just wanted to publicly recognize Melissa, Melanie and the Land Preservation Committee, we are trying to pull this transaction together as a simultaneous transaction and those often times are a little bit more complicated in terms of scheduling. As always and I am sure you guys hear this all the time, they have done a great job and they did a great job in this instance as well. Melissa already described the project and its basic merits, I just thought there were a couple of things that I could add maybe in terms of secondary benefits. I think we all know that we are working at turning our ag center at Chamews farm into a little bit of a farm incubator program and thus far it has been pretty successful but essentially we have grown out of it already in just a few short years. Quite crowded over there. So immediately this acquisition is going to give us an opportunity to grow that program as well. And then perhaps even more important, it is going to give us an opportunity to take even better care of the land. Given that it has been so crowded over at the ag center, we want to as any farmer would, as any land owner of protected land would, want to be good stewards of the land and demonstrate really good management practices. So right off the bat we are going to be able to do even more in terms of rotating and taking better care of the land here. So we are looking forward to bringing this to a conclusion in the near future and hopefully we will be seeing the farm back in ag production in a matter of weeks. Thank you very much. Supervisor Russell SUPERVISOR RUSSELL: Would anybody else like to comment on this particular local law, public hearing? (No comment) Closing Comments Supervisor Russell SUPERVISOR RUSSELL: That completes the business of the agenda. I would invite anybody that would like to address the Town Board on any issue to please feel free at this time to come up? Catherine Williams, 870 Bray Ave., Laurel CATHERINE WILLIAMSON: Thank you. My name is Catherine Williamson, I live in Laurel, 870 Bray Avenue. And I saw an article in the Patch this afternoon about the work session pertaining to curtailing local races, bike races, triathalon's and other activities of that ilk and I understand that that's probably fueled by issues of police protection for the event and expenses April 23, 2013 31 Southold Town Board Meeting but before any such curtailment are made, I would ask that the Board allow input from members of the public and people who are involved. I think at this time, one of the biggest problems facing this country is people aren't moving enough and I think that anything that the town can do to encourage activity, physical activity, ought to be encouraged. And I think that, for instance, I saw that anything run by a for-profit would be banned. As far as I know, the only triathalon and I have been involved in triathalon for about the last 8 or 9 years, it happens in this town called the Mighty Northfork. It is run by a for-profit. But donations are made, I know in the past CAST has been the beneficiary of those donations. And it gets a lot of people involved in a sport that is really good for them. I know that was the first one I ever did and I have been doing them ever since. As far as banning races on holidays, that would directly impact the Turkey Trot that is held every Thanksgiving morning by the, it benefits the Mattituck Cutchogue Teachers Association, that's the largest road race out here I think. And it raises a lot of money for a good cause and it gets a lot of people out and off the coaches on a day when otherwise they would just be sitting around eating. I just think that the benefits of having these kinds of events are really, really great and I would ask that before any decisions are made, that some hearings or whatever where people who are going to be directly affected by that type of decision can give the Board some input. I appreciate the opportunity to address the Board. SUPERVISOR RUSSELL: I appreciate everything you are saying. I can't comment on the article because I didn't read it but just in the interest of clarity, we will certainly notice it so the public can come in and comment but at no time did this Board discuss stopping the Turkey Trot in Mattituck. Or any of the not-for-profit events that are taking place in the town. The Turkey Trot would be perfectly permissible. What we did say was if you are going to have more than one not for profit organizing an event during a holiday, we have to limit that because there is only so much we can cover during the holiday. Now that the Turkey Trot is part of the landscape of this community, if a new group and we have many new groups that are coming up with 5K's and everything else, we are going to allow those but we are going to ask a new group that comes in if they say they want to host it on Thanksgiving, we are going to ask them to please pick another date, an alternative date. Also many of the events that take place out here, the bicycle rides etc, are held by not for profit. Soldier Ride, diabetes, all those events would not be prohibited under the proposal we discussed. What we would prohibit are the few events that are being held on public land for a private profit driven, you know, it gets to a point where how much can you manage on country roads. We are having difficulty bringing traffic calming to the community now never mind adding 1,000 bike riders to the roads on any given day. What we are trying to do is, we are not trying to stop them, we are trying to simply let the ones that are for charitable purposes move forward and then manage them better when they take place. MS. WILLIAMSON: But outlawing all profits would also, you know, for instance would get rid of the only triathalon that we have out here. Because that is run by a for-profit organization although it makes donations. And I, the article mentioned, it may not be correct but there would be a limit of 600 people. Last year we had over 1,000 at the Turkey Trot. Inaudible. SUPERVISOR RUSSELL: Again, the Turkey Trot or any of the foot races, the 600 cap is for bike events only. That would be, it is not for the foot races, we had a discussion at work session, there is no issue with closing roads and having those charitable events taking place whether it is 1,500 runners or 15,000 runners. You are closing the same roads, you still have the same police April 23, 2013 32 Southold Town Board Meeting issues. We are not seeking to limit those, the 600 riders are for the not for profits that are growing leaps and bounds. What started out as a ride of 200 or 300 riders have turned into rides of almost over 1,000 riders on a busy summer day. We just simply can't accommodate that. Also in order to allow the Diabetes Foundation and these other groups to continue to use the community for their events and raise awareness, then we have to start turning some of the other ones away. We thought the good place to start would be the ones that are just simply out here to make a great deal of money on the fact that this town has invested great deal in its landscape. We need to keep those roads available for the not for profits so that they can continue to do all the good work they do in addition to the bike rides. MS. WILLIAMSON: I understand and I am just going to make one more point and I will be quiet. The Mighty Northfork has a bike segment which is a 12 mile bike, that race, the first wave of people are in the water before 7 AM and the race is over by 10 and the neighborhood is cleaned up. That has got a road race component, I know that they cap out at 500 people because more people would make it last longer through the morning and it has never been an issue for getting it over in a hurry. So I am just asking that it not be a blanket, you know, that each activity maybe could be considered on a merit and I know you have to have some kind of guidelines but I would hate to see that one go. Thank you very much. SUPERVISOR RUSSELL: Point taken. Thank you. Who else would like to address the Town Board? Anybody? Robert Dunn, Peconic ROBERT DUNN: Robert Dunn, Peconic. I just have a question on this Goldsmith restoration thing. What exactly, is that the study that is going on? SUPERVISOR RUSSELL: One of several studies that are going on. Can you just give me the resolution number? MR. DUNN: 324. Inaudible, are you just getting an extension from the state? SUPERVISOR RUSSELL: Oh, yes. This is a grant opportunities that we pursue and from time to time these studies take longer than the grant window, so we apply to the State of New York to just extend it. MR. DUNN: Inaudible. An extension of things that are already going on (inaudible) SUPERVISOR RUSSELL: Yeah. The prism study, the water quality study and all of that. That's just an extension of the contract with the state, offered to pay part of the costs. MR. DUNN: Okay, last meeting I spoke to you about the replanting by the revetment and I have since spoken to Jamie. There isn't a lot of money there and that's fine, I have raised some money, I have raised some of the money and I just wanted to know moving forward with that, can that just be handled with Jamie and Jim and that is fine? Do we need to go through you? SUPERVISOR RUSSELL: If you are going to undertake a planting on town property, I would think that you would coordinate that with Jamie and Jeff Standish, who is now serving in the role April 23, 2013 33 Southold Town Board Meeting of Public Works Administrator. I would also have them let the Board know so that we can indemnify ourselves in some manner because we need to know when things are taking place on town property. MR. DUNN: Sure. SUPERVISOR RUSSELL: But I am surprised that he said there is no money, I mean, all he needs to do is give us a budget, present it to us so we can at least consider it. MR. DUNN: Well, he was saying there was no money left.... SUPERVISOR RUSSELL: Well, the capital works budget, it ran a little bit more than we thought it would but we can certainly, if he can give me a budget or if you can give me a budget, we will see what we can do at the town level to support the effort. MR. DUNN: Okay. Because part of what I am thinking about is it would probably be good to do similar to what was done at Kenney's beach. SUPERVISOR RUSSELL: Yes. MR. DUNN: With the guardrail. I mean, people are already riding up on it and it's just, what is the point of having spent all that money to restore and repair and then replant just to have people drive across, they do it mostly out of ignorance. Some of them are yahoo's just trying to do what they can do and they are riding up, so it wouldn't be bad to have a rail around the place. Of course, depending on the cost. And I wanted to ask about the quiet skies thing? What.... SUPERVISOR RUSSELL: Quiet skies is a..... MR. DUNN: I know what it is. It is just, how, is it getting anywhere? SUPERVISOR RUSSELL: I see Kathleen who is one of the officers of that organization, I see her at many meetings I go to on the south fork, trying to bring some relief to the north fork on the helicopter noise. She has been leading the effort for quiet skies, so I invited her to a Town Board meeting to sort of update this Board as to what is going on, what the challenges are, what the problems are. It was more of an informational discussion this morning. So that this Town Board... MR. DUNN: I couldn't be here today. SUPERVISOR RUSSELL: We need to look at our options and figure out, I have gone to more meetings with more elected officials and federal bureaucrats and sat around more tables that a bunch of people scratch their heads and say, I don't know what to do and it is extremely frustrating. What we need is we need the cooperation of the Town of East Hampton, whether that is voluntary or whether that is coerced with our federal elected representatives. They control the airflow to that airport, we need relief, we need to see the helicopters from what is called the northerly route along Long Island Sound to the southerly route which would be the Atlantic Ocean and then approach the airport to the south. East Hampton is reluctant to do that because they don't war with the residents of Georgica estates and the other well-heeled interested there. April 23, 2013 34 Southold Town Board Meeting MR. DUNN: Those are the people that are flying. SUPERVISOR RUSSELL: Yes. At the very least, make it a true water route which would take it out beyond Orient Point and around the other way, the problem with that is the eastern region helicopters council says, no wait, that is going to cost our pilots time and money and inconvenience our passengers. The lain doesn't make us fly that far, it only says stay over water whenever practical. At the same time, they are trying to tell us they conserve fuel, so they make the diagonal approach from Mattituck Inlet right across Southold Town and it is unbearable. MR. DUNN: The jetty is the marking point. SUPERVISOR RUSSELL: Yes. MR. DUNN: The Mattituck jetty. SUPERVISOR RUSSELL: Yes, because they usually fly.... MR. DUNN: And then Goldsmiths. SUPERVISOR RUSSELL: Yes, they fly what they call visual flight rules and they use those landmarks to turn in. MR. DUNN: Yeah, you could see them miles out. SUPERVISOR RUSSELL: And East Hampton airport is directing traffic to come in from a northerly approach. So the East Hampton airport, that has its own airport and tower, directs pilots to come in from the north. If the pilot is leaving from south Manhattan, it is a lot easier to just fly over the Long Island Sound and bypass JFK airspace, when you get out here they are going to tell you to come north anyway. So what we are trying to get from East Hampton is cooperation to increase the reliance on that southerly route. MR. DUNN: Are you getting anywhere? SUPERVISOR RUSSELL: No. It is the same circular discussion. MR. DUNN: And they don't care. SUPERVISOR RUSSELL: We tell the FAA you need to do something, the FAA says well we don't really have the authority to do it unless Congress gives us the authority. We tell our elected federal officials you need to authorize the FAA to give you the authority and the federal elected officials say before we do anything, why don't you guys get in a room and work this thing out? That is where we are at. We have several towns that are greatly affected by this traffic that just can't seem to make any headway with a town that has the keys to the kingdom because it is the town that owns the airport and the air traffic tower. I said it today and I don't want to repeat myself but I don't mind (inaudible) and that is when you look at ferry traffic and you look at helicopter traffic, it is clear to me that East Hampton wants Southold to be a welcome mat to their town and the problem with that thinking is that welcome mats are meant to be walked on and we have had enough of this, we have simply had enough. And I know the public out here has had enough. April 23, 2013 35 Southold Town Board Meeting MR. DUNN: Okay. That community meeting on the dogs? SUPERVISOR RUSSELL: That is scheduled for Thursday night. COUNCILWOMAN DOHERTY: Thursday at 7:00 right here. MR. DUNN: This Thursday? Supervisor Russell SUPERVISOR RUSSELL: Yes. Would anyone else like to address the Town Board? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:15 P.M. s + * s Eli eth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell