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Home My WebLink AboutTB-05/07/2013 ELIZABETH A. NEVILLEpptA Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER y~ip~ ~y0~ Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING May 7, 2013 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, May 7, 2013 at the Meeting Hall, Southold, NY. Call to Order 7:30 PM Meeting called to order on May 7, 2013 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived James Dinizio Jr Town of Southold Councilman Present William Roland 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. Planning Department 2. Judge Rudolph H. Bruer 3. Zoning Board of Appeals 4. Recreation Department 5. North Fork Animal Welfare League 6. NFAWL Quarterly Performance Report 7. Land Tracking Report 8. Budget Report Page I May 7, 2013 Page 2 Southold Town Board Meeting 9. Special Projects Coordinator II. Public Notices III. Communications IV. Discussion 1. 9:00 A.M. - Heather Lanza 2. 9:20 A.M. - Mark Terry 3. 9:45 A.M. - Chief Flatley 4. 10:00 A.M. - Bob Fisher 5. Maintenance of Tennis Courts on Fishers Island 6. Suffolk County DPW Request for RPF for Double Wood Utility Poles 7. Nominations for Suffolk County Planning Commission 8. Summer Intern for Engineering Department 9. Establish a Storm Recovery and Resiliency Committee 10. Development of the Solar Facility at the Landfill 11. Quiet Skies Coalition Memorializing Resolution 12. LL/Mill Road Parking 13. EXECUTIVE SESSION - Labor Matters Involving Employment of Particular Person/S 14. EXECUTIVE SESSION - Litigation 15. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 11:45 AM for the purpose of discussing the following matters: Labor: 11:45 A.M. - Robert Scott, Kevin Webster, Assessors Department Update on PBA negotiations Update on CSEA negotiations Litigation: Nocro, Ltd. and Hertitage at Cutchogue, LLC v. Town of Southold, et al. May 7, 2013 Page 3 Southold Town Board Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell 16. Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 1:58PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER: Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell 17. 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 7:30PM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Jill Doherty, Councilwoman AYES: Dinizio Jr, Roland, Doherty, Talbot, Evans, Russell Opening Statements SUPERVISOR RUSSELL: Please rise for the Pledge. Thank you. I would invite at this time anybody that would like to comment on any of the agenda items to please feel free and come up at this time. (No response) V. Resolutions 2013-349 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated Ma 7.2013. I Vote Record - Resolution RES-2013-349 El Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended James Dinizio Jr Voter ? ? El ? ? Defeated William Ruland Voter E3 ? ? ? ? Tabled Jill Doherty Voter 21 ? ? ? May 7, 2013 Page 4 Southold Town Board Meeting ? 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 2013-350 CATEGORY.• Set 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 21, 2013 at the Southold Town Hall, Southold, New York at 4:30 P.M.. I Vote Record - Resolution RES-2013-350 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 Apid 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 Apia ? No Action 2013-351 CATEGORY. Public Service DEPARTMENT.• Town Clerk Appoint Kate Coffey as a Temporary Marriage Officer RESOLVED the Town Board of the Town of Southold hereby appoints Kate Coffey as a Temporary Marriage Officer for the Town of Southold, on Saturday, June 22, 2013 only, to serve at no compensation. V Vote Record - Resolution RE3-2013-351 0 Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended James Dinizio Jr Mover El ? ? ? May 7, 2013 Page 5 Southold Town Board Meeting ? Defeated William Ruland Voter 0 ? ? ? ? Tabled Jill Doherty Voter 0 ? ? ? ? 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 Appt ? No Action 2013-352 CATEGORY' Committee Appointment DEPARTMENT.• Town Clerk Appoint Economic Development Committee Members RESOLVED that the Town Board of the Town of Southold hereby reappoints the following individuals to serve on the Economic Development Committee for a term to expire March 31, 2014: Amy Burns Donielle Cardinale Anthony Cocheo Linton Duell Stephen Latham Rona Smith John Stype Ian Wile Carolyn Fahey, Ex-officio, Intergovernmental Relations Coordinator, Suffolk County Department of Economic Development and Workforce Housing Phillip Beltz, Special Projects Coordinator V Vote Record - Resolution RES-2013-352 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 App[ Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Voter 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action May 7, 2013 Page 6 Southold Town Board Meeting 2013-353 CATEGORY.• Employment - Town DEPARTMENT.• Accounting Acknowledges Retirement Joseph A. Conway Jr. WHEREAS, the Town of Southold has received email notification on April 24, 2013 from the NYS Retirement System concerning the retirement of Joseph A. Conway Jr. effective June 30, 2013, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Joseph A. Conway Jr. from the position of Police Detective for the Police De artment effective June 30, 2013. V Vote Record - Resolution RES-2013-353 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 Receivers Appt Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Seconder 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter RI ? ? ? ? Supt Hgwys Appt ? No Action 2013-354 CATEGORY.- Committee Appointment DEPARTMENT.' Town Clerk Amend 2013-328 to Add Patricia Butler to the ARC RESOLVED the Town Board of the Town of Southold amends Resolution No. 2013-328 to add the appointment of Patricia Butler to the Architectural Review Committee effective through March 30, 1014. V Vote Record - Resolution RES-2013-354 o Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended James Dinizio Jr Voter 0 ? ? ? ? Defeated William Ruland Voter i a ? ? ? ? Tabled Jill Doherty Voter 0 ? ? ? ? Withdrawn Christopher Talbot Seconder 121 ? ? ? May 7, 2013 Page 7 Southold Town Board Meeting ? Supervisor's Appt Louisa P. Evans Mover 0 ? ? ? ? Tax Receiver's Appt Scott Russell Voter 0 ? ? ? ? Rescinded ? Town Clerk's Appt ? Supt Hgwys Appi ? No Action 2013-355 CATEGORY.• Attend Seminar DEPARTMENT. Highway Department Attend Seminar - Highway RESOLVED that the Town Board of the Town of Southold hereby grants permission to Peter Harris, Highway Superintendent, Curtis Davis, Deputy Highway Superintendent and Michael Volinski, Labor Crew Leader to attend the 2013 Spring Workshop for Highway and Public Works officials at Suffolk Community Cooperative Extension in Riverhead, New York on June 25, 2013. All expenses to be a legal charge to the Highway Department budget. -1 Vote Record - Resolution RES-2013-355 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Noy 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 2013-356 CATEGORY.• Employment - Town DEPARTMENT.• Recreation Establish Summer Seasonal Employee Salaries Resolved that the Town Board of the Town of Southold establish the following seasonal employee salary schedule for 2013 summer employees of the recreation department as follows: May 7, 2013 Page 8 Southold Town Board Meeting STILLWATER LIFEGUARDS 1 st year $12.17/hour 2nd year $12.44/hour 3rd year $12.72/hour 4th year $12.99/hour 5th year $13.27/hour 6th year $13.54/hour 7th year $13.82/hour 8th year $14.09/hour 9th year+ $14.37/hour BEACH ATTENDANTS 1st year $9.42/hour 2nd year $9.58/hour 3rd year $9.75/hour 4th year $9.91/hour 5th year $10.08/hour 6th year $10.24/hour 7th year $10.42/hour 8th year $10.60/hour 9th year+ $10.78/hour RECREATION SPECIALISTS (WATER SAFETY INSTRUCTORS) Istyear $16.57/hour 2nd year $16.82/hour 3rd year $17.07/hour 4th year $17.32/hour 5th year $17.57/hour 6th year $17.82/hour 7th year $18.07/hour 8th year $18.32/hour 9th year+ $18.57/hour BEACH MANAGERS 1st year $13.54/hour 2nd year $13.84/hour 3rd year $14.14/hour 4th year $14.44/hour 5th year $14.74/hour 6th year $15.04/hour 7th year $15.34/hour 8th year $15.64/hour May 7, 2013 Page 9 Southold Town Board Meeting 9th year+ $15.94/hour RECREATION AIDES (PLAYGROUND INSTRUCTORS) Istyear $11.34/hour 2nd year $11.59/hour 3rd year $11.84/hour 4th year $12.09/hour 5th year $12.34/hour 6th year $12.59/hour 7th year $12.84/hour 8th year $13.09/hour 9th year+ $13.34/hour LIFEGUARD TRAINER 1 st year $15.74/hour 2nd year $15.99/hour 3rd year $16.24/hour 4th year $16.49/hour 5th year $16.74/hour 6th year $16.99/hour 7th year $17.24/hour 8th year $17.49/hour 9th year+ $17.74/hour And be it further resolved that the Town Board of the Town of Southold authorize the issuance of free beach parking permits to the following employees: Water Safety Instructors, Beach Attendants, Lifeguards, Lifeguard Trainer, Beach Managers, and Recreation Supervisor Kenneth Reeves. ? Va[e Record - Resolution RES-2013-356 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Mover 0 ? ? ? ? Withdrawn William Ruland 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 May 7, 2013 Page 10 Southold Town Board Meeting 2013-357 CATEGORY. Contracts, Lease & Agreements DEPARTMENT. Recreation Hire Summer 2013 Recreation Department Program Instructors Resolved that the Town Board of the Town of Southold authorize and direct Supervisor Scott A. Russell to execute an agreement with the following individuals and businesses for the summer 2013 recreation programs, all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the recreation department's 2013 instructor line A7020.4.500.420. Lisa Baglivi (drawing) ..............................................$30/hour Lauren Berry (cheerleading) $15/hour Lenora Dome (belly dancing) $30/hour Martha Eagle (aerobics/Pilates/yoga/power stretching)........ $30/hour Eagles Neck Paddling Company (Paddleboard/Kayak)........ $110/person Susan Forte (Ebay & IPad ) $30/hour Denise Gillies (Tai Chi) ............................................$30/hour GymNation (Gymnastics) ..........................................$40/person Kelly Hurley (Voice Acting) $30/hour Island's End Golf & Country Club (golf lessons) $100/person Thomas LaMothe (Spanish) ........................................$30/hour Lois Levy (Art Workshops) $30/hour Little Red Barn (Horseback lessons) .............................$100/person Rosemary Martilotta (yoga) $55/class Judy McCleery (digital photography) $30/hour Kate McDowell (tennis) ...........................................$30/hour Maribeth Mundell (singing program) ............................$30/hour North Fork School for Dogs (dog obedience) ..................$70/person Stephanie Piraino (cheerleading) .................................$15/hour Theresa Pressler (youth arts & crafts program) ..................$30/hour R & C Agency Management Corp. (CPR class) .................$55/person R & C Agency Management Corp. (defensive driving)...... $30/person John Scourakis (Adult Boating) ..................................$35/person Steven Smith (Weight Training) ..............................................$30/hour Renato Stafford (Organic Gardening) .......................................$30/hour Barbara Terranova (Jelly Making) ............................................$30/hour Touch Dance Studios (ballroom dancing) ........................$65/person ? Vote Record - Resolution RES-2013-357 Rl Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended ? Defeated James Dinizio Jr Voter lZ ? ? ? ? Tabled William Roland Seconder m ? ? ? ? Withdrawn Jill Doherty Mover 0 ? ? ? ? Supervisor's Appt Christopher Talbot Voter e ? ? ? May 7, 2013 Page II Southold Town Board Meeting ? Tax Receiver's Appt Louisa P. Evans Voter Rl ? ? ? ? Rescinded Scott Russell Voter [a ? ? ? ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action 2013-358 CATEGORY.• Property Usage DEPARTMENT.• Town Clerk Little Red Barn Rescue Inc Special Permit RESOLVED that the Town Board of the Town of Southold hereby grants permission to The Little Red Barn Rescue, Inc. (a non-profit organization) to use Strawberry Fields in Mattituck on Thursday, July 25, 2013 (Rain date: Friday, July 26) for a fundraiser that will include a movie night, bouncy house, face painting, a magic show, foods, etc. to benefit their organization provided: 1. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as additional insured; 2. Submit a $250.00 deposit for clean-up (deposit to be returned after event upon provided area is cleaned of any debris from event); 2. Coordinate traffic control upon notification of the adoption of this resolution with Captain Kruszeski of the Southold Town Police Department All fees to be waived. Support is for this year only, as the Southold Town Board continues to evaluate the use of town facilities. Vote Record - Resolution RES-2013-358 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 21 ? ? ? ? Withdrawn William Roland Mover Rl ? ? ? ? Supervisor's Apt Jill Doherty Voter D ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter D ? ? ? ? Rescinded Louisa P. Evans Seconder 0 ? ? ? ? Town Clerk's Appi Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-359 CATEGORY.• Budget Modification DEPARTMENT: Accounting May 7, 2013 Page 12 Southold Town Board Meeting Budget Modification to Increase CHIPS Budget Financial Impact: Increase 2013 CHIPS budget to reflect the increase in the 2013 allocation ($94,252.11) and leftover amount from 2012 ($1,878.19). Total increase $96,130.30, rounded up so all funding can be expended. RESOLVED that the Town Board of the Town of Southold hereby increases the 2013 Highway Fund Part Town budget as follows: Revenues: DB.3501.00 Consolidated Highway Aid $96,131 Total $96,131 _Appropriations: DB.5112.2.400.905 CHIPS resurfacing/reconstruction $96,131 Total $96,131 ? Vote Record - Resolution RES-2013359 ® 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 Appi ? No Action 2013-360 CATEGORY: Attend Seminar DEPARTMENT: Planning Board Attend Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Mark Terry, Principal Planner, and Alyxandra Sabatino, Planner, to attend a seminar on "Living Shorelines for Coastal Erosion Protection" in Hauppauge, NY, on May 15, 2013. All expenses for registration and travel to be a legal charge to the 2013 budget (meetings and seminars). ? Vote Record - Resolution RES-2013-360 0 Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended ? Defeated James Dinizio Jr Voter 0 ? ? ? ? Tabled William Ruland Voter 0 ? ? ? May 7, 2013 Page 13 Southold Town Board Meeting ? Withdrawn Jill Doherty Voter 0 ? ? ? ? Supervisor's Appt Christopher Talbot Mover 0 ? ? ? ? Tax Receiver's Appt Louisa P. Evans ! Seconder 0 ? ? ? ? Rescinded Scott Russell Voter 0 ? ? ? ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action 2013-361 CATEGORY.- Refund DEPARTMENT.- Planning Board Return Fee Resolved, that unused consulting fees paid to the Town in connection with the wireless consulting review of New Cingular/AT&T at Elijah's Lane (Baxter), SCTM#1000-108-4-11.3, totaling $4,500.00, be refunded to the applicant's agent: Re, Nielsen, Huber & Coughlin, LLC. V Vote Record- Resolution RES-2013-361 0 Adopted ? Adopted as Amended ? Defeated Ves/Aye No/Nay Abstain - Absent ? Tabled James Dinizio Jr Mover 0 ? ? : ? ? Withdrawn William Ruland Voter 0 ? ? ? ? Supervisor's Appt Jill Doherty Seconder 0 ? ? ? ? To 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 2013-362 CATEGORY.- Refund DEPARTMENT.- Planning Board Refund Resolved, that unused consulting fees paid to the Town in connection with the wireless consulting review of New Cingular Wireless at East Marion FD, SCTM#1000-31-3-11.31, totaling $4,500.00, be refunded to the applicant's agent: Re, Nielsen, Huber & Coughlin, LLC. Vote Record - Resolution RES-2013-362 0 Adopted Yes/Aye No/Nay Abstain Absent May 7, 2013 Page 14 Southold Town Board Meeting ? Adopted as Amended James Dinizio Jr Voter 0 ? ? ? ? Defeated William Ruland 'Vow o ? ? ? ? Tabled Jill Doherty Mover 0 ? ? ? ? Withdrawn Christopher Talbot Voter 0 ? ? ? ? Supervisor's Appt Louisa P. Evans Seconder Rl ? ? ? ? Tax Receiver's Appt Scott Russell Voter 0 ? ? ? ? Rescinded ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action 2013-363 CATEGORY.- Refund DEPARTMENT. Planning Board Refund Resolved, that unused consulting fees paid to the Town in connection with the wireless consulting review of New Cingular Wireless at Orient FD, SCTM#1000-18-5-13.8, totaling $4,500.00, be refunded to the applicant's agent: Rd, Nielsen, Huber & Coughlin, LLC. Vote Record - Resolution RES-2013-363 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Roland 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 2013-364 CATEGORY. Refund DEPARTMENT.- Planning Board Refund Resolved, that unused consulting fees paid to the Town in connection with the wireless consulting review of New Cingular Wireless at the Peconic Animal Shelter, SCTM#1000-75-5- May 7, 2013 Page 15 Southold Town Board Meeting 14. 1, totaling $4,500.00, be refunded to the applicant's agent, Re, Nielsen, Huber & Coughlin, LLC. ? Vote Record - Resolution RES-2013-364 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Ruland Voter 0 ? ? ? ? Supervisors Appt Jill Doherty ! Voter 0 ? ? ? ? Tax Receivers Appt Christopher Talbot Seconder 0 ? ? ? ? Rescinded Louisa P. Evans Mover 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys App[ ? No Action 2013-365 CATEGORY.• Refund DEPARTMENT. Planning Board Refund Resolved, that unused consulting fees paid to the Town in connection with the wireless consulting review of New Cingular/AT&T at CR 48 in Cutchogue (Junge), SCTM#1000-96-1- 19.1, totaling $4,500.00, be refunded to the applicant's agent: R6, Nielsen, Huber & Coughlin, LLC. ? Vote Record - Resolution RES-2013-365 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter El ? ? ? ? Withdra" William Ruland Voter Rl ? ? ? ? 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 Appi ? No Action 2013-366 CATEGORY.• Refund DEPARTMENT: Planning Board May 7, 2013 Page 16 Southold Town Board Meeting Refund Resolved, that unused consulting fees paid to the Town in connection with the wireless consulting review of Sprint PCS at the Southold Police Station in Peconic, SCTM# 1000-75-5- 14. 1, totaling $4,500.00, be refunded to the applicant's agent: Joseph Espinosa-LIC, Alcatel- Lucent L42106. V Vote Record - Resolution RES-2013-366 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain ! Absent ? Tabled James Dinizio Jr Mover 0 ? ? ? ? Withdrawn William Ruland Voter 0 ? ? ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter El ? ? ? ? Rescinded Louisa P. Evans Seconder El ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-367 CATEGORY.• Property Usage DEPARTMENT. Recreation Approve Use of Town Fields Resolved that the Town Board of the Town of Southold hereby grants permission to the Gonzalez Soccer League and the Liga Union Latina Soccer League to use Strawberry Fields for their Sunday league games and for the following travel baseball teams to use various town fields for their league games, subject to scheduling by the Southold Recreation Department and in accordance with the newly revised Application for Use of Southold Parks Facilities. Travel teams and managers include: Peconic Lions (Scott Patchell); All League Hitmen (Brian Hansen); MLI Phantoms (Dennis Heffernan); Mattituck Ospreys (Kathy Perivolaris); The Hawks (Ken Dickerson); and the Mattituck Mets (Tom McCaffery). I Vote Record - Resolution RES-2013-367 0 Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended - James Dinizio Jr Voter 0 ? ? ? ? Defeated ? Tabled William Roland Seconder 0 ? ? ? ? Withdrawn Jill Doherty Mover 0 ? ? ? ? Supervisor's Appt Christopher Talbot Voter 0 ? ? ? ? Tax Receivers Appt Louisa P. Evans Voter 0 ? ? ? ? Rescinded Scott Russell Voter 10 ? ? ? May 7, 2013 Page 17 Southold Town Board Meeting ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action 2013-368 CATEGORY.• Contracts, Lease & Agreements DEPARTMENT. Town Attorney Agreement W/Canon - Copier Lease for Solid Waste RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Acquisition Agreement Lease or Purchase between the Town of Southold and Canon Solutions America, Inc., in connection with the lease of a Canon IR-1025 copy machine/scanner for use by the Solid Waste District at a monthly cost of $64.00 fora period of thirty-six (36) months, subject to the approval of the Town Attorney. V Vote Record - Resolution RES-2013-368 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 Seconder 0 ? ? - ? ? Tax Receiver's Appt Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Voter 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? 11 ? ? Supt Hgwys Appt ? No Action 2013-369 CATEGORY.• Contracts, Lease & Agreements DEPARTMENT.• Town Attorney Plum Island MOA/Law Enforcement Support RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Memorandum of Agreement between the Town of Southold and the Department of Homeland Security Science and Technology Directorate, in connection with law enforcement support on Plum Island, subject to the approval of the Town Attorney. May 7, 2013 Page 18 Southold Town Board Meeting Vote Record - Resolution RES-2013-369 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 El ? ? ? ? Rescinded Louisa P. Evans Mover 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter El ? ? ? ? Supt Hgwys Appt ? No Action 2013-370 CATEGORY.• Employment - Town DEPARTMENT. Accounting Hire Traffic Control Officers RESOLVED that the Town Board of the Town of Southold hereby appoints the following to the position of Traffic Control Officer for the Southold Town Police Department, effective May 13, 2013 through September 16, 2013 at a rate of $16.46 per hour: Kevin D. Metz Jr. Joseph F. Barszczewski Shawn A. Williams Eric M. Cassidy Brian Cassidy ? Vote Record - Resolution RES-2013-370 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Roland Voter 2 ? ? ? ? Supervisors Appt Jill Doherty Voter El ? ? ? ? Tax Receiver's Appt Christopher Talbot Mover 0 ? ? ? ? Rescinded Louisa P. Evans Seconder 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys App[ ? No Action May 7, 2013 Page 19 Southold Town Board Meeting 2013-371 CATEGORY.- Employment - Town DEPARTMENT.- Accounting Appoint Seasonal Police Officers RESOLVED that the Town Board of the Town of Southold hereby appoints the following individuals to the position of Seasonal Police Officer for the Southold Town Police Department, effective May 13, 2013 through September 16, 2013, at a rate of $20.81 per hour: Robert J. Haase, Jr. Theodore A. Richert Steven Ficner V Vote Record - Resolution RES-2013-371 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Mover 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 - Voter 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-372 CATEGORY. Legal DEPARTMENT.- Land Preservation Correction Grant of Development Rights Easement WHEREAS, on March 29, 2007, the Town of Southold purchased development rights from Allan Arrieta for premises designated as SCTM# 1000-94-3-1.3, located on Oregon Road, Mattituck; and WHEREAS, Fidelity National Title Insurance Company recently discovered an error on the survey dated January 30, 2007 and last revised March 5, 2007, prepared by John C. Ehlers Land Surveyor, while reviewing the survey for an adjacent parcel; and WHEREAS, due to the error on the above-referenced survey, an amended survey amended Schedule "A" metes and bounds description, and a correction of Grant of Development Rights Easement must be prepared so that the official records reflect the correct dimensions of the May 7, 2013 Page 20 Southold Town Board Meeting Town's development rights easement; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to sign any and all documents necessary to correct the legal description for the property, including a Correction Grant of Development Rights Easement and any required recording documents, subject to the approval of the Town Attorney, ? Vote Record - Resolution RES-2013-372 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 Rl ? ? ? ? Supt Hgwys App[ ? No Action 2013-373 CATEGORY: Budget Modification DEPARTMENT.• Information Technology Rescind Budget Mod - IT Financial Impact: rescind resolution 2013-217 RESOLVED that the town Board of the Town of Southold hereby rescinds resolution 2013-217, a budget modification for IT dated March 12, 2013 in its entirety. ? Vote Record - Resolution RES-2013-373 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Roland Mover 0 ? ? ? ? Supervisor's App[ 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 May 7, 2013 Page 21 Southold Town Board Meeting 2013-374 CATEGORY: Surplus Equipment DEPARTMENT.• Police Dept Police Department Surplus Equipment RESOLVED that the Town Board of the Town of Southold hereby declares the followin¢ equipment to be surplus equipment: 1988 30hp Johnson Outboard model #330RLCCE Serial #R6311804. Minimum Bid $75 1986 20hp Evinrude Outboard model #E20CRCDC Serial #E0615355 Minimum Bid $75 1988 LF 250 Suzuki Quad VIN#JSAAJ47AOJ2105581 Minimum Bid $300 Contact person is BC Andrew Epple (631) 765-2600. All equipment is in "as is" condition and maybe viewed at Police Headquarters, Peconic, NY. Be it further RESOLVED that the Town Board authorizes and directs the Town Clerk to advertise for the sale of same I Vote Record - Resolution RES-2013-374 ® Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 21 ? ? ? ? Withdrawn William Ruland Voter lZ ? ? ? ? Supervisor's Appt Jill Doherty Voter l ? ? ? ? Tax: Receiver's Appt Christopher Talbot Seconder El ? ? ? ? Rescinded Louisa P. Evans Mover EI ? ? ? ? Town Clerk's Appt Scott Russell Voter [a ? ? ? ? Supt Hgwys Appt ? No Action 2013-375 CATEGORY.• Contracts, Lease & Agreements DEPARTMENT Town Attorney Agreement W/Crown Recyclables - Hauling Recyclables RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and Crown Recyclables in connection with hauling of old corrugated cardboard and old newsprint from the Southold Town Transfer Station in accordance with their response to the Town's Request for Proposal for May 7, 2013 Page 22 Southold Town Board Meeting Hauling and Marketing of Selected Municipal Recyclables dated February 12, 2013, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2013-375 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 Receivers Appt Christopher Talbot Mover 0 ? ? ? ? Rescinded Louisa P. Evans Seconder 0 ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? Supt Hgwys Appt ? No Action 2013-376 CATEGORY' Contracts, Lease & Agreements DEPARTMENT: Town Attorney Agreement W/Trinity Transportation - Hauling C&Ds, Etc. RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and Trinity Transportation Corp. in connection with hauling all construction and demolition debris and commingled recyclables from the Southold Town Transfer Station in accordance with their response to the Town's Bid Solicitation for Materials, Hauling and Disposal Services dated February 12, 2013, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2013-376 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Mover 0 ? ? ? ? Withdrawn William Ruland Seconder 0 ? ? ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Voter 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter [a ? ? ? ? Supt Hgwys Appt ? No Action 2013-377 May 7, 2013 Page 23 Southold Town Board Meeting CATEGORY: Bid Acceptance DEPARTMENT.• Town Clerk Accept Bids of Grade a Petroleum Corp for Lubricants and Fluids RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Grade A Petroleum Corporation to supply the town with lubricants for the 2013 calendar year, as submitted in the bid and all in accordance with the Town Attorney. ? Vote Record - Resolution RE3-2013-377 0 Adopted ? Adopted as Amended ? Defeated Yes/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 Appi Scott Russell Voter El ? ? ? ? Supt Hgwys Appt ? No Action 2013-378 CATEGORY.• Budget Modification DEPARTMENT: Supervisor Signs for Firefighter and 9111 Memorial at Cochran Park - Budget Mod Financial Impact: Transfer funds from Park & Playground Fund for Signs for the Firefighter and 9111 Memorial RESOLVED that the Town Board of the Town of Southold hereby increases the 2013 General Fund Whole Town Budget as follows: REVENUES: A.2025.00 Special Recreation Facility Park & Recreation $1,750.00 APPROPRIATIONS: A.1620.2.500.400 Park Improvements $1,750.00 ? Vote Record - Resolution RES-2013-378 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 ? ? ? May 7, 2013 Page 24 Southold Town Board Meeting ? Withdrawn Christopher Talbot Voter Rl ? ? ? ? Supervisor's Appt Louisa P. Evans Seconder 0 ? ? ? ? Tax Receiver's Appt Scott Russell Voter 0 ? ? ? ? Rescinded ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action 2013-379 CATEGORY.• Close/Use Town Roads DEPARTMENT.• Town Clerk Grant Permission for the Wounded Warrior Annual North Fork Soldier Ride on Saturday, September 7, 2013 RESOLVED the Town Board of the Town of Southold hereby grants permission to Wounded Warrior Project and authorizes a police escort for the Annual North Fork Soldier Ride on Saturday, September 7, 2013; the ride will commence at Mitchell Park, Greenport at 9:00 AM and proceed west on Route 25 to New Suffolk Road, Cutchogue, south on New Suffolk Road to end, make a right on New Suffolk to Reeve Avenue, Mattituck, right on Reeve avenue to Route 25, left on Route 25 to Wickham, right on Wickham of Mattituck Fire Department, north on Wickham Road to Route 48 and east to Moores Lane Park, Greenport. Approval is on the condition the applicant provide written approval from the Village of Greenport and: 1. 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 permanent markings be placed on town, county or state roads or property for the event; 4. 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. ? Vote Record - Resolution RES-2013-379 0 Adopted ? Adopted as Amended Yes/Aye No/Nay Abstain Absent ? Defeated James Dinizio Jr Voter 0 ? ? ? ? Tabled William Ruland Voter 0 ? ? ? ? Withdrawn Jill Doherty Voter 0 ? ? ? ? Supervisor's Appt Christopher Talbot Mover 0 ? ? ? ? Tax Receiver's Appt Louisa P. Evans Seconder 0 ? ? ? ? Rescinded Scott Russell Voter 0 ? ? ? ? Town Clerk's Appt ? Supt Hgwys Appt May 7, 2013 Page 25 Southold Town Board Meeting ? No Action 2013-380 CATEGORY.• Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Oysterponds Historical Society to Hold a Heritage Day Parade on July 7, 2013 Financial Impact: Police Department Cost for the Event = 138.48 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Oysterponds Historical Society to use the following route for its Heritage Day Parade in Orient on Sunday, July 7, 2013 beginning at noon: staging on Oysterponds Lane, from there to Main Road to Village Lane to Yacht Club Drive, provided they 1. 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. In addition, the police with post "No Parking" signs the night before the event as requested. 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. -1 Vote Record - Resolution RES-2013-380 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 Appl Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action May 7, 2013 Page 26 Southold Town Board Meeting 2013-381 CATEGORY.• Close/Use Town Roads DEPARTMENT: Town Clerk American Diabetes Bike Ride 2013 Financial Impact: Police Department cost for Event = $0 RESOLVED the Town Board of the Town of Southold hereby grants permission to the American Diabetes Association to use the following roads for their Annual Bike Ride event, Tour de Cure on Saturday, June 8, 2013, from 6:00 a.m. to 4:00 p.m.: Route 25, Cox Lane, CR 48, Mill Road, Peconic Lane, Albertson Lane, Moores Lane, Stars Road, Cedar Drive, Aquaview Avenue, Rocky Point Rd, Soundview Avenue, Hortons Lane, Kenneys Road, Mill Lane, North Sea Drive, Leeton Drive, West Drive, Lake Drive, Bridge Lane, Oregon Road, Grand Avenue, Wickham Avenue, Marys Road, New Suffolk Avenue, 51h Street, Bay Avenue, Depot Lane, New Suffolk Road, Peconic Bay Boulevard, Cox Lane and Mt. Beulah Avenue throughout Southold Town, providing 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 permanent markings be placed on town, county or state roads or property for the event; 4. Any road markings or signs for the event be removed within twenty-four (24) hours of the completion of the event. 5. Limit the number of riders to the road to 600 or less Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees for this event have been waived. Vote Record - Resolution RES-2013-381 ® Adopted ? Adopted as Amended ? Defeated Ves/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Mover e ? ? ? Withdrawn William Ruland Seconder 0 ? ? ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Voter D ? ? ? ? Town Clerk's Appt Scott Russell Voter El ? ? ? ? Supt Hgwys Appt ? No Action 2013-382 CATEGORY.• Attend Seminar DEPARTMENT.• Information Technology May 7, 2013 Page 27 Southold Town Board Meeting Emergency Preparedness Conference Financial Impact: Seeking approval to attend the 2013 LI/NYC Emergency Management Conference The main topic of discussion will be assessing the Sandy Event Past and Recovery. RESOLVED that the Town Board of the Town of Southold hereby grants permission to Chief Flatley, Captain Kruszeski and Lloyd Reisenberg to attend a seminar on Emergency Preparedness in Uniondale, NY on May 29th and 30th , 2013. All expenses for registration travel to be a legal charge to the 2013 budget (meetings and seminars). ? Vote Record -Resolution RES-2013-382 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Noy Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Ruland Voter El ? ? ? ? Supervisor's Apin Jill Doherty 77', o ? ? ? ? Tax Receivers Appt Christopher Talbot Seconder 0 ? ? ? ? Rescinded Louisa P. Evans Voter 0 ? ? ? ? Town Clerk's Apta Scott Russell Voter 0 ? ? ? ? Sept Hgwys Appi ? No Action 2013-383 CATEGORY: Budget Modification DEPARTMENT.• Public Works GPS Budget Mod Financial Impact: for installation of GPS units in nine (9) DPW vehicles and monthly monitoring for eight months: RESOLVED that the Town Board of the Town of Southold hereby modifies the 2013 General Fund, Whole Town budget as follows: From: A.1620.4.100.200 Building & Grounds $2817.00 Gas & Oil To: A.1620.4.400.900 Building & Grounds $2817.00 Vehicle GPS ? Vote Record - Resolution RES-2013-383 0 Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended James Dinizio Jr Voter Rl ? ? ? ? Defeated William Ruland Mover 0 ? ? ? May 7, 2013 Page 28 Southold Town Board Meeting ? Tabled Jill Doherty Seconder 0 ? ? ? ? Withdrawn Christopher Talbot Voter 0 ? ? ? ? Supervisor's Appt Louisa P. Evans Voter 0 ? ? ? ? Tax Receiver's Apia Scott Russell Voter 0 ? ? ? ? Rescinded ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action 2013-384 CATEGORY.• Employment - Town DEPARTMENT: Accounting Acknowledges Intent to Retire Jane Edstom WHEREAS, the Town of Southold has received email notification on May 6, 2013 from the NYS Retirement System concerning the retirement of Jane Edstrom effective June 10, 2013, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Jane Edstrom from the position of Senior Clerk Typist for the Human Resource Center effective June 10, 2013. I Vote Record - Resolution RES-2013-384 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay 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 Mover 0 ? ? ? ? Rescinded Louisa P. Evans Seconder 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-385 CATEGORY.• Employment - Town DEPARTMENT. Accounting Accepts the Resignation of Laura Kettenbeil May 7, 2013 Page 29 Southold Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Laura Kettenbeil from the position of a part-time Clerk Typist for the Town Clerk/Records Management Department effective May 3, 2013. V Vote Record - Resolution RES-2013-385 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 El ? ? ? ? Tax Receiver's Appt Christopher Talbot Mover El ? ? ? ? Rescinded Louisa P. Evans Seconder 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-386 CATEGORY' Contracts, Lease & Agreements DEPARTMENT. Town Attorney No Cost Time Extension Contract 0006879 W/DOS Regarding Town of Southold LWRP Hamlet Study 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 #0006879 (Town of Southold LWRP Hamlet Study) to April 14, 2014, subject to the approval of the Town Attorney. * Vote Record - Resolution RES-2013-386 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Mover 0 ? ? ? ? Withdrawn William Ruland Voter El ? ? ? ? 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 2013-387 May 7, 2013 Page 30 Southold Town Board Meeting CATEGORY.• Organizational DEPARTMENT: Solid Waste Management District SWAID Petty Cash Increase Financial Impact: This resolution is required to ensure adequate funds for scale house cash transactions. RESOLVED by the Town Board of the Town of Southold that the petty cash account of the Solid Waste Management District is hereby increased b $150 to a total of $850. I Vote Record - Resolution RES-2013-387 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 Mover 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Seconder 0 ? ? - ? ? Rescinded Louisa P. Evans Voter 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-388 CATEGORY: Budget Modification DEPARTMENT: Human Resource Center Modifying Funds 2013 Programs for the Aging Budget for GPS Implementation HRC Fleet Financial Impact: Transferring appropriations from Personal Svcs expenditure line to a new Vehicle GPS expenditure line. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2013 General Fund Whole Town Programs for the Aging budget as follows: From: Appropriations: Programs for the Aging A.6772.1.100.100 Personal Services FT Employees Regular Earnings $3,800.00 To: Appropriations: Programs for the Aging A.6772.4.400.900 Contractual Expense Vehicle GPS $3,800.00 May 7, 2013 Page 31 Southold Town Board Meeting ? Vote Record - Resolution RES-2013-388 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Roland Mover Rl ? ? - ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's App[ Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Seconder 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-389 CATEGORY.- Seqra DEPARTMENT. Town Attorney Plum Island Legislation SEQRA WHEREAS, the Town Board of the Town of Southold is considering adopting legislation entitled "A Local Law in relation to the Marine (II) District and Plum Island Zoning"; now, therefore, be it RESOLVED that the Town Board of the Town of Southold on May 7, 2013, pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, establishes itself as lead agency; and be it further RESOLVED that the Town Board of the Town of Southold as lead agency classifies the action as a Type I Action pursuant to Section 617.4(b)(1); and be it further RESOLVED that the Town Board of the Town of Southold will perform a coordinated review of this Type I Action with the New York State Department of State and the Suffolk County Planning Commission as involved agencies; and be it further RESOLVED that the Town Board of the Town of Southold will accept comments on the ro osed legislation for thirty (30) days from the date hereof. ? Vote Record - Resolution RES-2013-389 0 Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended James Dinizio Jr Voter 0 ? ? ? ? Defeated William Roland 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 ? ? ? May 7, 2013 Page 32 Southold Town Board Meeting ? Rescinded ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action 2013-390 CATEGORY.• Public Service DEPARTMENT. Town Clerk Fireworks Permit to Star Hose Company of the Greenport Fire Department for a Fireworks Display on May 26, 2013 RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a fireworks permit by the Town Clerk's Office to Star Hose Company of the Greenport Fire Department, for a fireworks display on May 26, 2013 (r/d 5/27/13), at Greenport High School's field, Greenport, New York upon the payment of a single fee of $100 and subject to the applicant's compliance with the requirements of the Town's policy regarding the issuance of fireworks permits and subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2013-390 0 Adopted ? Adopted as Amended ? Defeated Ycs/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 El ? ? ? ? Town Clerk's Appt Scott Russell Voter El ? ? ? ? Supt Hgwys Appt ? No Action 2013-391 CATEGORY.• Litigation DEPARTMENT. Town Attorney Leslie J Bauer Claim Settlement RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the payment of the sum of $295.00 to Leslie J. Bauer for property damage stemming from an incident on November 13, 2012, subject to the approval of the Town Attorney. May 7, 2013 Page 33 Southold Town Board Meeting Vote Record - Resolution RES-2013-391 0 Adopted ? Adopted as Amended ? Defeated Ves/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter - El ? ? ? ? Withdrawn William Ruland 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 2013-392 CATEGORY. Litigation DEPARTMENT. Town Attorney Carolyn Ricci Claim Settlement RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the payment of the sum of $125.94 to Carolyn Ricci for property damage stemming from an incident on April 7, 2013, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2013-392 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 Receivers Appt Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Voter El ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-393 CATEGORY: Affordable Housing DEPARTMENT. Town Attorney Extend Prepossession Agreement/720 Cottage Way May 7, 2013 Page 34 Southold Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby extends the approval of the short-term Prepossession Agreement between the buyer and seller of the property located at 720 Cottage Way, Mattituck, pending the scheduled closing within the next 60 days. ,r Vote Record - Resolution RES-2013,393 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 2013-394 CATEGORY. Contracts, Lease & Agreements DEPARTMENT.• Town Attorney IMA W/Mattituck Fire District - High Band Radio Comm. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Intermunicipal Agreement between the Town of Southold and the Mattituck Fire District in connection with a Town-wide high band radio communication system, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2013-394 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 Receivers Appt Christopher Talbot Seconder 0 ? ? ? ? Rescinded Louisa P. Evans Mover 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action Comment regarding resolution 394 May 7, 2013 Page 35 Southold Town Board Meeting COUNCILMAN TALBOT: I just want to comment on this. This has been going on for awhile and I want to thank the Board for seeing this through, through a long road. Hopefully this is the gateway towards the end of it. 2013-395 CATEGORY. Policies DEPARTMENT.• Town Attorney Adopt Tent Permit Guidelines RESOLVED that the Town Board of the Town of Southold hereby adopts the Town of Southold Tent Permit Guidelines to be implemented by the Building Department immediately and further directs the Building Department to append a copy of said Guidelines to all applications for tent permits and to post the Guidelines on the Town's website. -'Vote Record - Resolution RES-2013-395 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 - Mover 0 ? ? ? ? Rescinded Louisa P. Evans ! Seconder 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-396 CATEGORY. Policies DEPARTMENT.• Town Attorney Adopt Road Use Policy RESOLVED that the Town Board of the Town of Southold hereby adopts the Town of Southold Road Use Policy for Special Events on Town Properties and Roads, effective immediately, and directs the Town Clerk to append the Policy to all applications for special event permits on Town lands and to evaluate all future applications in accordance with the Policy. ? Vote Record - Resolution RES-2013-396 0 Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended James Dinizio Jr Mover 0 ? ? 0 ? Defeated William Roland Seconder 0 ? ? ? ? Tabled Jill Doherty Voter 0 ? ? ? ? Withdrawn Christopher Talbot Voter 0 ? ? ? ? Supervisors Appt Louisa P. Evans Voter 121 ? ? ? May 7, 2013 Page 36 Southold Town Board Meeting ? Tax Receiver's Appt Scott Russell Voter 0 ? ? ? ? Rescinded ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action 2013-397 CATEGORY.• Bid Acceptance DEPARTMENT.• Town Clerk Sale of Mill Road, Mattituck RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of James C. Miller for the purchase of the property known as SCTM #1000-106-6-2, N/E, Mill Road, Mattituck in the amount of $15,555.00 and be it further RESOLVED that Supervisor Scott A. Russell is hereby authorized and directed to execute any and all documents necessary to complete the conveyance of said parcel, subject to the approval of the Town Attorney I Yote Record - Resolution RES-2013-397 - 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter El ? ? ? ? Withdrawn William Roland Voter 0 ? ? ? ? Supervisor's Appt Jill Doherty Mover 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Seconder 0 ? ? ? ? Rescinded Louisa P. Evans Voter 0 ? ? ? ? Town Clerk's Appl Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-398 CATEGORF.• Contracts, Lease & Agreements DEPARTMENT. Town Attorney Cell Tower Lease/Permissive Referendum WHEREAS, the Town of Southold is the fee owner of certain real property described as a 2,000+ sq. ft. portion of Suffolk County Tax Map No. 1000-61-1-2.2; and May 7, 2013 Page 37 Southold Town Board Meeting WHEREAS, such property was formerly used by the Town for municipal purposes and is presently not being utilized by the Town for any purpose; and WHEREAS, the Town has found that said property is not presently needed for any municipal purpose or use; and WHEREAS, it is in the public interest that said parcel be made available for lease for the installation of a cell tower in accordance with Section 280-70(D) of the Town Code so that recognized gaps in cell coverage can be eliminated; now, therefore, be it RESOLVED that said premises is hereby declared to be "surplus"; and be it further RESOLVED that said premises may therefore be offered for lease; and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute all the necessary notices and papers declaring said premises as surplus property; and be it further RESOLVED that pursuant to the provisions of §64(2) of the Town Law, this conveyance is subject to permissive referendum under the procedure set forth in Article 7 of the Town Law of the State of New York; and be it further RESOLVED that within ten (10) days after the adoption of this resolution by the Town Board, the Town Clerk, in the same manner as for a notice of a special election, shall post and publish a notice setting forth the date of the adoption of this resolution and containing an abstract of this resolution concisely stating its purpose and effect. The notice shall specify that such resolution .was adopted subject to permissive referendum; and be it further RESOLVED that in the event that no petition seeking a permissive referendum is filed with the Town Clerk within thirty (30) days in accordance with the provisions of Article 7 of the Town Law, this resolution shall be in full force and effect and the Supervisor is authorized to execute any and all documents to effectuate the lease thereof, subject to all required approvals from the Planning Board and Building Department and the Lease shall be thereafter binding on the parties thereto. ? Vote Record - Resolution RES-2013-398 0 Adopted ? Adopted as Amended Yes/Aye No/Nay Abstain Absent ? Defeated James Dinizio Jr Voter 0 ? ? ? ? Tabled William Roland Mover ? ? ? ? Withdrawn ? ? Supervisor's Appt Jill Doherty Voter lZ ? 11 ? 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 May 7, 2013 Page 38 Southold Town Board Meeting 2013-399 CATEGORY.• Local Law Public Hearing DEPARTMENT.• Town Attorney 614113 PH @ 7: 32 PM LLIMill Road Parking WHEREAS, there has been resented to the Town Board of the Town of Southold, Suffolk County, New York, on the 7t day of May, 2013, a Local Law entitled "A Local Law in relation to the Removal 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 4th day of June, 2013, at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to the Removal 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 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 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. Accordingly, it is necessary to remove the parking restrictions from Soundview Avenue South to County Route 48 to reduce the excessive signage on Mill Road. 11. 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 May 7, 2013 Page 39 Southold Town Board Meeting inleFRead n•/ Mill T ane) B^' ~--i7oth At Peeenie, frio"m-zrhe aez;her4 Miami Avenue and inlet Read (akla Mi I I T ane\ nerthe«I.. to the ..e t1. Avenue and hilet Read (aqc~a Mill Lane) Name of Street Side Location Mill Road Both At Peconic, Between from the southerly intersection of a private road known as Miami Avenue and r'~°conty Route4 8 and Mill Road southeasterly to the northwesterly intersection of Soundview Avenue and Mill Road III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. V Vote Record - Resolution RES-2013-399 Rl Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter D ? ? ? ? Withdrawn William Ruland Voter o ? ? ? ? Supervisors Appt Jill Doherty Voter o ? ? ? ? Tax Receiver's Appt Christopher Talbot Seconder o ? ? ? ? Rescinded Louisa P. Evans Mover a ? ? ? ? Town Clerk's Appt Scott Russell Voter El ? ? ? ? Supt Hgwys Appt ? No Action Comment regarding resolution 396 May 7, 2013 Page 40 Southold Town Board Meeting SUPERVISOR RUSSELL: Before we go to the public hearing, I just want to go back to resolution 396. Tonight we adopted a policy that would govern the use of town roads for events such as bike rides. It dawns on me after we voted on that, that a lady had spoken at a previous meeting raising some concerns and I did offer her the opportunity to suggest that we will put the policy out there for public consumption and then have the public have the opportunity to certainly offer comment on the policy. I know we passed a resolution already but what I would like to do with the Board's indulgence is to notice that policy in our advertisement that we run in the Suffolk Times, so that the public is aware of it and at a date in a month or so, set up a meeting during the Town Board meeting so that the public can comment on that. Because I have a feeling the public is going to want to be heard on that particular issue. COUNCILMAN TALBOT: Sure. I would second that. JUSTICE EVANS: I agree with that. SUPERVISOR RUSSELL: That is fine, we will move forward with that. COUNCILMAN RULAND: I think it is more than reasonable. We can always amend the policy. VI. Public Hearings Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUSI MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell 1. Set Public Hearing for May 7, 2013 at 7:32 PM for a Local Law in Relation to the Marine (H) District and Plum Island Zoning History: 05/07/13 Town Board ADJOURNED Next: 06/18/13 RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 26th day of March, May 7, 2013 Page 41 Southold Town Board Meeting 2013 a Local Law entitled "A Local Law in relation to the Marine (II) District and Plum Island Zoning" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 7th Day of May, 2013 at 7:32 PM, at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled "A Local Law in relation to the Marine (II) District and Plum Island Zoning" sets forth amendments to Chapter 280, "Zoning". The purpose of the amendments is to create and establish zoning districts on Plum Island and to clarity permitted uses in the Marine II District to accommodate necessary access to the island. The proposed local law amends section 280-4 "Definitions" to add the terms "Ferry Service" and "Impervious Surface", which appear in the Marine II District amendments and/or in the proposed districts on Plum Island. The proposed amendments to Section 280-55(B)(2) sets forth additional standards for ferry terminals as a Special Exception use in the Marine II District, which include: 1. a ferry terminal must have at least 10 acres dedicated to each ferry service; 2. a ferry terminal shall have a staging area for vehicles that enter an auto/vehicle ferry; and 3. a ferry terminal shall have adequate parking areas for passengers as set forth in §280- 55(C). The proposed local law also creates two zoning districts for Plum Island - the Plum Island Research District (PIR) and the Plum Island Conservation District (PIC). Amendments will also be made to the bulk schedule appendices to include a separate appendix for these districts that addresses minimum lot size, uses and lot coverage. The Plum Island Research (PIR) District contains the following: 1. Permitted uses (subject to site plan approval by the Planning Board) include research laboratories and educational facilities. 2. Special Exception uses (that require approval of the Zoning Board of Appeals and the Planning Board) include solar energy generation and museums. 3. Accessory uses include uses that are customary to a permitted principal use, sleeping quarters, apartments or dormitories, cafeteria for personnel, infrastructure, and the existing harbor and ferry facility. 4. All new structures or impervious surfaces shall be set back at least 300 feet from the shoreline and wetlands. The Plum Island Conservation (PIC) District contains the following: 1. Permitted uses (subject to site plan approval by the Planning Board) include nature preserve; public park for passive recreation; educational facility related to the study of nature resource conservation; and museums. 2. Special Exception uses (that require approval for the Zoning Board of Appeals and the Planning Board) include solar energy generation. 3. Accessory uses include uses that are customary to a permitted principal use and sleeping quarters, apartments or dormitories. 4. All new structures or impervious surfaces shall be set back at least 300 feet from the shoreline and wetlands. May 7, 2013 Page 42 Southold Town Board Meeting 5. No vegetation in this district shall be removed unless an approval is obtained for the Planning Board. The full text of the proposed Local Law and map of the boundaries of the Plum Island Research District and the Plum Island Conservation District are available for review at the Town Clerk's Office during regular business hours and on the town's website at www.southoldtownny.gov <http://www.southoldtownny.gov> I have a notice that it was printed in the Suffolk Times on April 25, 2013, it was posted on the Town Clerk's bulletin board on April 5, 2013. There is a letter from the Suffolk County Planning Department, `pursuant to the requirements of sections A 14-14 to A 14-25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impacts. The decision of local determination shall not be construed as either an approval or disapproval.' And that is from Sara Lansdale and Andrew Freleng. And I have a letter from the Southold Town Planning Board from Chairman Donald Wilcenski, `Thank you for the opportunity to provide comments on the amendments to the town code referenced above. The Planning Board has prepared a planning study in support of the proposed zoning for Plum Island which will be submitted and presented by Heather Lanza.' She will go into these various paragraphs from the Planning Board and I would also like to note that the Town Board has received numerous, lengthy written comments on the proposed local law that are hereby acknowledged and incorporated into the record of this public hearing, they include a letter from Congressman Timothy Bishop dated May 1, 2013 in support of the proposed zoning of Plum Island, a letter from Venetia Hands dated May 5, 2013 and the Orient Association offering their support for the proposed zoning of Plum Island, number 3 a letter from Bill Toedter, President of North Fork Environmental Council dated May 3, 2013 offering support and comments on the proposed zoning consistent with those offered by the Preserve Plum Island coalition. 4, an email from Randy Parsons of the Nature Conservancy dated May 6, 2013 and the attached report titled `Biodiversity and Ecological Potential of Plum Island New York'. 5, a letter from the citizen's advisory committee of the Long Island Sound study dated May 7, 2013 offering their support and the comments on the proposed zoning. 6, a letter from Nancy Kelly, executive director of the Nature Conservancy dated May 7, 2013 offering support and recommendations for the Plum Island Conservation district. 7, a letter dated May 7, 2013 from Gillian Winer and Patrick Commins from Audubon New York offering support and recommendations for the proposed local law. 8, the Plum Island planning study dated April 23, 2013 that is referenced in the aforementioned Planning Board comments. The Town Board will review and consider all oral and written comments submitted to the record prior to the adoption of the local law. I note that the record of this proceeding will remain open until June 14, 2013 for the submission of written comment. Following the receipt of comment this evening, the public hearing will be adjourned until June 18, 2013 so that the SEQRA review process can be completed. And that is it. SUPERVISOR RUSSELL: Let me just say we received comments from many, many people. I think I have to say every single one of them was in support of the Town's effort, it is the kind of May 7, 2013 Page 43 Southold Town Board Meeting consensus we got when we proposed the leash law. Actually, I look forward to hearing what everybody has to say, if anybody would like to comment on the zoning, please feel free. HOWARD MEINKE: Inaudible. SUPERVISOR RUSSELL: Yes, and what I was going to do, I am a little bit out of order. I was going to have Heather comment first. Why don't you comment first and then I will have Heather come up and answer some questions. MR. MEINKE: My name is Howard Meinke, I just thought that it was announced that you were talking about solar energy in particular. I think that renewable energy generically, there might be methods of making energy that we don't even know about yet. We can study things like that there, we might want to do tidal energy. There is a variety of things. I think it is too specific to say solar energy, I would just change the way it is said. Thank you. SUPERVISOR RUSSELL: Okay. I will just quickly comment on that. The Town Board's intent is to allow for alternative and renewable energies on site there, that would not just be solar but wind technology, tidal technology, all of that would be included. The reason we were a little bit more specific in the legislation is that we are waiting for bmp's from Audubon, national groups on installation of wind facilities at a site that happens to be a major migratory bird site, Plum Island. We want to make sure that any of those wind uses are consistent with the bird use of that island. Also, there are some issues, when you use ambiguous terms or broad terms like renewable energies, we didn't want someone to think that opened up the door to say nuclear technology. So we are honing this as we go but I assure you, it is the vision of this Board to see renewable and alternative energy in the context of what we all think about when we think about that. That would be titled, wind, solar and some of those technologies that aren't even on the table yet. But thank you. I am going to ask Heather to come up and address the Board. HEATHER LANZA: Southold Town Planning Director. I will just comment really quickly. On our planning study that we did to support the zoning. When we thought about zoning for Plum Island, we quickly realized none of our existing zoning districts would work. Basically Plum Island as we all know is a very unique place, for many reasons, some of which include its size, also its uses in the past. There is really no other island that the town has that has those sorts of uses. So the rationale for creating the new zoning districts was that we don't have a zoning district that would apply here to accomplish the goals that we have for Plum Island. Plum Island is, some of the values and goals that we had that we identified in the study were transportation and access, this island has access to Orient, our most rural hamlet, so Orient and East Marion take the brunt of the travel to and from this island when you access it by ferry on Long Island. Plum Island is a source of high quality employment. We wanted to retain that and that is some of the rationale for the zoning that we chose and the permitted uses that we chose. The preservation of natural and cultural resources, we have our big study that we are using in our SEQRA review for this zoning, that was done I think by the New York natural heritage program, that identified all of the natural resources there, as well as the cultural. The Plum Gut lighthouse as well as Fort Terry, historic places that should be preserved. Also public safety and emergency response were another reason for creating new zoning districts that limited subdivision because May 7, 2013 Page 44 Southold Town Board Meeting one of the big things these zoning districts do is limit the potential for subdivision. Right now the only way, the way we have it worded, the only way you could subdivide it would be along the zoning lines, otherwise there is no individual, there won't be any additional lots here according to our proposed zoning and one of the reasons was we didn't want to create a large residential community out there. We didn't think it was the right place for it. Two other minor reasons were navigation, Plum Gut is an important place for navigation, also commercial fishing and recreational fishing. So that is just sort of a summary for the rationale for the zoning. SUPERVISOR RUSSELL: Thank you very much, Heather. I would invite anybody that would like to comment? JOHN BREDEMEYER: Good evening ladies and gentlemen. My name is John Bredemeyer, I am a 4th term town trustee and in that capacity I previously was the president of the Board but I am merely a member of the Board now. I wanted to bring to your attention some comments that I forwarded to the federal government, to the GSA, late on the 26th of October. I would like to give you my personal analysis as a trustee living in Orient, to the possibility that a good section of this island is already owned by the trustees of the Town of Southold. I have a short presentation for you and I have copies for the members of the Board as well. I draw from extensive work that was done concerning the town's patent rights during the term of former Supervisor Scott Harris, we had issues concerning ground water that we were reviewing at the time. These opinions are my own based somewhat in fact but I have also discussed this the Board of Trustees but we have been reluctant to come forward with any large vote or any push on this matter without talking to the Town Board, we have enjoyed a very good relationship with the Town Board in a number of matters over recent years. Here are my prepared comments. There may exist significant Southold Town Trustee holdings on Plum Island obscured by historic land use and abuse there that has altered the landscape and obstructed the natural flow of waters. While in colonial times, mills and restrictions to water flow likely occurred at the entrance to every major creek in Southold Town, they were largely extant by the late 19th century. However, successive owners of Plum Island seem to have maintained flow restrictions that have seriously impacted the island's `Great Marsh', which is really a creek system. Major scraping and a system of roads and docking facilities that appear to block the natural flow of waters can be seen on nearly all aerial maps. And in fact, the map that you have up here, this great marsh which originally had an outlet to Plum Gut is in fact this entire area here. And the shore side facilities that have been approved historically including the government dock, where part of the creek system to my mind. Absent a showing of a quit claim deed from a predecessor Board of Trustees to prior Plum Island owners or inhabitants, these heretofore unmapped public lands and waters are part of Southold Town's natural heritage and public trust, with special benefits accruing only to us, like primal rights to shellfish beds. Consideration of the best use of these lands, waters and their rehabilitation is a trust obligation of the Town Trustees, especially if the federal benefit to all US citizens is coming to an end with the potential sale to third party and non-governmental entities. To date, GSA has not addressed this issue. I have copied the communication that I sent to them and maybe that will show up in their final impact statement. As the natural flow of waters and mean high water typically delineates such boundaries, should not the planning process and any zoning map delineate all such potential Trustees lands so any third party purchaser would be put on notice? At a minimum, should not any map promulgated May 7, 2013 Page 45 Southold Town Board Meeting by the Town include the term `Lands now or formerly of the Southold Town Trustees'? Please see the attached sent under my hand to the GSA as a comment to their draft EIS on October 26, 2012. 2, Another question I pose, should not any zoning map and the boundaries promulgated thereto be tied to Southold Town independently verifying claims by DHS/USDA that biological/chemical/radiological contamination will not lead to liabilities for the Town in the future. Shouldn't there exist a town designated functionary with sufficiently high security clearance level to communicate directly with federal agencies to properly vet claims relating to the ongoing chemical/biological/radiological clean up and secure answers to questions from our residents, local elected officials and their legal representatives going forward? In contemplating these questions, please consider how the federal government left the island of Vieques, PR as reported only this week by the AO in a copyrighted news story on May 1, 2013 and in an open source article by democracynow.org attached hereto. 3, Should not approval of any zoning map wait until information relating to use restrictions of future inhabitants that might be disclosed in any FEIS/federal regulation be able to be zoned/mapped. Especially as it might restrict future inhabitants keeping pets and livestock and require prophylactic deer management. I think it would be wise if the Town Board communicate with the Trustees as a Board and discuss some of these issues, possibly in executive session. I would like to hear what GSA has to say, I mean, you can't sell what you don't own. I have additional copies if anybody wants it. SUPERVISOR RUSSELL: Thank you. JOHN TURNER: Good evening Supervisor Russell and members of the Southold Town Board. My name is John Turner and I serve as a conservation co-chair of the Huntington/Oyster Bay Audubon Society which is one of the seven Audubon chapters that collectively make up the Long Island Audubon council which is part of the preserve Plum Island coalition who I am also representing here tonight as a spokesperson for that organization and I would just like to take the opportunity to read a letter into the record for your consideration. `Dear Supervisor Russell and members of the Town Board: The Preserve Plum Island Coalition is a consortium of fifty-six conservation minded individuals and conservation, environmental, civic and business groups that support preserving the significant natural, cultural (includes pre-historic and historic) ecological and scenic values of the 843 acre federally owned Plum Island. Now, maybe it is not federally owned but for the purpose of this letter, I said federally owned. To best accomplish this goal, the coalition strongly supports retaining Plum Island in federal ownership and dedicating the undeveloped portions of the island as a national wildlife refuge. While we applaud the leadership shown by the Southold Town Board to use its zoning and land use powers to adequately protect the island's natural and cultural resources, we find it very unfortunate the Town of Southold is forced to utilize its zoning and land use powers in the first place. We certainly recognize the town's need to do so, however, since congress has, to date, refused to safeguard the island by adopting federal legislation to reverse the sale of the island to a private entity. We continue to be astonished by the fact that congress passed legislation authorizing the sale of this publicly held island and even instructing its general services administration to sell the island at auction to the highest bidder in contradiction to numerous well established federal policies. The PPIC strongly supports the zoning proposal 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 11 district are appropriate and important steps to address land use May 7, 2013 Page 46 Southold Town Board Meeting issues relating to Plum Island and the existing ferry facility at Orient. We especially appreciate the Town's clear recognition of the nationally significant natural, cultural and historic resources found on Plum Island and its advancement of the proposed PIC districts which will ensure their long term preservation. We strongly believe the Town Board's decision not to include any of the more well-known zoning categories, which would permit residential, commercial or industrial uses of the island, is the correct one. Again, we appreciate the fact that you did not move forward with any proposals that include those. Following are our more specific comments regarding certain aspects of the proposal that we respectfully request that the Town consider as it moves forward towards finalizing the proposal. 1. The expansion of the Plum Island Conservation District (PIC). PPIC recommends that approximately 35 acres in and around the Plum Island lighthouse, extending along the shoreline in both directions, on the south to the northern edge of the dock facility and to the northeast to the western edge of the main laboratory facility, then inland to the paved road be removed from the PIR district and be added to the PIC district. We also recommend the inclusion in the PIC and removal from the PIR an area of approximately two acres northeast of the existing laboratory facility as this area consists of a maritime shrub land as mapped by the NY Natural Heritage Program and included in their report `Biodiversity and Ecological Potential of Plum Island NY' in May 2012. These proposed modifications are shown on the attached map entitled `proposed modification of the PIR and PIC zoning districts, Plum Island NY 5/7/13'. Expanding the PIC district to include these additional areas will achieve several important, simultaneous goals, better protection of the historically significant and highly visible Plum Island lighthouse (that is clearly and truly an iconic feature of the island), better protection of the small, isolated wetland between the lighthouse and the docking facility, potential protection of habitat for a number of rare plant species and ensuring that virtually all of the natural, unaltered sections of the Island's coastline are within the most protective zoning district. If these changes are made the minimum lot area requirement for the PIR of 175 acres will presumably need to be reduced accordingly. 2. Solar energy production. And again, if the Town Board is considering about other types of renewable energy production as well. The establishment of solar energy facilities appears to be a priority for both the PIR and PIC districts. If we are interpreting the language of the draft local law correctly, the bulk schedule regulations allows for up to 50% lot coverage for solar energy installations in the PIR district and 20% lot coverage in the PIC district. If employed to the maximum extent, these schedules provide for 50% of the 175 acre PIR district to be covered with photovoltaic panels, affecting 87.5 acres and 20% of the 600 acre PIC district to be covered, affecting 120 acres. In total, this permits approximately 207 acres of the 843 acres of the Island to be covered with solar panels, approximately 25% of the entire island. To put the 207 acre figure in perspective, it is larger than the 195 acres devoted to the single largest solar farm currently on Long Island, at the Brookhaven National Laboratory. The coalition supports renewable clean energy production (through the use of solar panels) and certainly Supervisor, in reference to your comments about wind energy, certainly wind energy as well if it is friendly wind energy, the designs that really minimize any potential impacts to migratory birds, residents birds and migratory bats, as a legitimate land use for the island, however, allowing up to 120 acres of vegetation in the PIC district to be significantly altered, if not outright destroyed, is of great concern to us and appears to be in direct conflict with the purpose for the creation of the district, as stated in the proposed zoning ordinance: `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.' Thus May 7, 2013 Page 47 Southold Town Board Meeting we recommend that the use of solar panels in the PIC be prohibited, except on the roofs of buildings conforming to the 2% lot coverage requirements for all other structures. 3. Acreage totals for zoning categories. The minimum lot area required is 175 acres for the PIR district and 600 acres for the PIC district. This totals 775 acres; the island is approximately 843 acres. Is there a reason why the acreage total of these two districts does not encompass the entire acreage of the island? I might just be having a mental block about it, perhaps Heather could elaborate on that. But I was just wondering why it didn't add up to the full acreage value of the island. Will the Town exclude wetlands, beaches or steep slopes from its lot area calculation? Has a calculation been done to estimate the gross area within each of the proposed zoning districts and the lot area as it may be defined in the Southold zoning code? To avoid the need for lot area variances and other problems in the future, if for example the island were to be subdivided into two parcels along the boundaries of the two zoning districts allowing each piece to be owned and/or managed by different entities, we suggest the Town Board reduce the minimum lot area for the PIR to 150 acres and the minimum lot area for the PIC to 500 acres. In summary, the PPIC believes the proposal by the Town Board represents a major first step forward in protecting the highly valuable publicly owned assets on Plum Island. We applaud, I want to stress that, the Town Board's vision, leadership and courage in taking the lead on establishing the future land use on Plum Island. We hope that you will consider and implement the changes PPIC is recommending to further strengthen an already very strong proposal. We stand willing to help the town in any way possible to enact eh zoning measures and allow Plum Island to continue to function as the site for a world class research facility and wildlife refuge of national significance. And that concludes the comments that I wanted to provide to you tonight on behalf of those two organizations. SUPERVISOR RUSSELL: Thank you very much. Before I pick on someone else, I am going to ask Heather to come up and clarify the issues, the discrepancies. I am going to let her explain why there were discrepancies between the 843 and the 725. MS. LANZA: That is easy to explain. The actual island acreage is a little unknown because there hasn't been a survey done. We used 823 acres from our GIS to come up with the acreage. The EIS for the sale of the island used 843 acres because I think that is what the tax map says. The Plum Island research district and the Plum Island conservation district have minimum lot sizes of 175 and 600 but the actual sizes of those zoning districts does add up to the 823. We just chose a round number for the minimum lot size. SUPERVISOR RUSSELL: Thank you. BOB HAMLIN: Good evening, I am Bob Hamlin, I am a resident of Orient and I am a member of the board of the Orient Association. The board has received a letter as Supervisor Russell indicated, from Venetia Hand, the president of the Orient Association and I will not read it in the record. I am sure you will all read it at your leisure and we will make copies available to anyone who would like to see it. As indicated in the letter as Supervisor Russell said, the Orient Association strongly supports the zoning efforts the town is making to address Plum Island as we also indicated during the GSA, earlier meeting, the need for this. In general the zones that have been indicated seem very thoughtful and obviously there is some room to discuss small May 7, 2013 Page 48 Southold Town Board Meeting adjustments and so on. We did indicate in our letter we have some concern about how the alternative energy efforts are going to be made on Plum Island both in the research zone as well as in the conservation zone, that as noted, 20% of the conservation zone is a rather significant portion and obviously how that is done, where it is placed, how close it is to other facilities can be of great importance. If 20% were concentrated in one place, it would be a massive field. Similarly, if it were placed in certain areas, it might be disruptive to some of the other purposes, the conservation purpose, the educational purposes, so that we believe that significant thought has to be given to working on the alternative energy plans overall and how they will be implemented both on Plum Island and elsewhere in Southold as well. It is our understanding that the Town Board is considering a more general alternative energy program and plan and will be working on developing additional resolutions, regulations and policies about that in the future and we look forward to seeing that. We think that care has to be taken in how these alternative energy uses are put on Plum Island as well as elsewhere. Obviously we don't know right now what a solar installation is necessarily. A building built with solar panels on the roof, some developers might consider a solar installation. Until we have an opportunity to have that well- defined and worked in to the town plan overall, that might be a concern because obviously we are not talking about building 20% of Plum Island up in the conservation zone as buildings that then have solar panels on the roof. So we do endorse the program overall and we look forward to more detail about how the alternative energy programs will be handled there. We do note that there are two blanks in the resolution talking about conditions that we applied to the application of the solar energy generation programs and those conditions aren't listed here and we look forward to seeing what those are as they are developed. We would also like to understand when we are talking about solar energy installations or other alternative energy installations, what is the nature of the ownership in relation to the town? Is it a commercial venture that is going to be sold to some third party, is the town going to manage it in some fashion? How is that going to be handled and what is being contemplated. But to go back to our first point, we strongly support the direction the town is going, this proposal seems like a very sound one and we look forward to working with the town to help bring this to fruition. Thank you. SUPERVISOR RUSSELL: Thank you. I just want to address the concerns, I understand the concerns of the photovoltaic array allowance of the 20% in the conservation district. I just want people to understand that it is not, it is allowed in the zoning as proposed. However, it would still be subject to a full environmental review as part of the SEQRA process should any future application come in. So all of those environmental impacts could be evaluated as part of the SEQRA process. We thought about what impact it might have, any future buyer, any future owner would have to go through that whole process, it is not as simple as just simply coming in and getting a building permit and erecting 20% lot coverage on photovoltaic array. So we are certainly well aware of the environmental balancing act that we are trying to achieve here. LOUISE HARRISON: Good evening supervisor Russell and members of the Town Board. My name is Louise Harrison. I live at 174 Diamond Lane Peconic. Congratulations for undertaking the zoning at Plum Island, even after several years I still feel that I got kicked in the head that the federal government plans to sell this truly unique public resource. I am a conservation biologist and I have worked in environmental protection on Long Island since 1980. I have worked for federal, state and county agencies as well as in leadership and consulting positions for non-profit May 7, 2013 Page 49 Southold Town Board Meeting environmental organizations. Through conservation and natural area planning, my consulting business, I only represent the interests of non-profits, municipalities, civic and individuals who wish to protect natural resources. I am representing myself tonight. By way of background, I served in the Suffolk County office of ecology as the head of its bureau of environmental management for six years. I undertook freshwater wetland protection at the NYS DEC in the mid 1980's and worked for Long Island state parks prior to that as a regional naturalist. While at the NYS Department of State in the early 1990's, I identified most regionally important natural areas, known as RINA's along NY's Long Island Sound shoreline and helped create state policy to protect those areas through the Long Island Sound coastal management program. I have been involved in countless open space preservation efforts and have served in appointed and volunteer positions in federal, state and town environmental committees. For nine years, I was the commissioner of the Long Island north shore heritage area and was a key leader in that planning effort. I have extensive field experience investigating Long Islands' natural eco-systems and coastal environments from NYC to Montauk, Orient Point and Fishers Island. More recently as a biologist for the US fish and wildlife service and liaison to the US EPA's Long Island Sound study. I guided numerous federally funded habitat restoration, stewardship and land acquisition programs on LI and CT. During that time I had the opportunity to tour Plum Island. Tonight I would like to add my support for your initiative to create unique zoning districts for Plum Island, the Plum Island Research district and the Plum Island Conservation district. You are doing the right thing. Plum Island not only is regionally significant as you stated in the proposed code but it is globally significant to some wildlife species such as the roseate tem. That makes the island in its most natural state possible, irreplaceable. I fully support the town's efforts to encourage research and educational opportunities on Plum Island and to preserve its natural, historic and scenic resources. I have two main comments on the proposed code. I would like to see the PIR district redrawn to avoid including the flood hazard areas as well as the NYS DEC regulated freshwater wetlands PL 1 and PL 5. It makes no sense to invite expansion of development or any landscape hardening within the floodplain identified in the GSA's EIS as a special flood hazard area. Or in an area requiring wetland permits. We shouldn't have to rely on the uncertainties that come with permitting and setbacks when we all agree upfront that the island's resources need the best possible protection. Excluding sensitive resources and potential hazard areas from the zone where future development might take place would be the best thing to do now while proposed zoning is under initial review. So please acknowledge the floodplain and wetlands for what they are and place these areas in the PIC district now while the best chances for land protection are available and to prevent future conflicts over land use proposals. In addition, I suggest eliminating the potential use of any part of the PIC district for solar energy generation even under a special exemption or acceptation by the Board of Appeals and the subject of site plan approval by the Planning Board. As of today, I don't believe solar energy panels are compatible with wildlife conservation and otherwise undisturbed naturally vegetated area. As it might be engineered in the future such as perhaps when Plum Island is sold by the federal government and we require implementation of the new zoning districts, we can hope solar energy generation would require less land area and then can be confined geographically to the PIR district. Obviously I prepared my remarks before I heard the Supervisor's comments tonight and I acknowledge everything that was said about alternative energy possibilities and the other kinds of things that you might be thinking of but as much as possible I would like to keep May 7, 2013 Page 50 Southold Town Board Meeting those kinds of uses out of the conservation district and I thank you for the opportunity to speak to you tonight. SUPERVISOR RUSSELL: Thank you. RANDY PARSONS: Inaudible. The original of the Nancy Kelly letter and her report ....Randy Parsons with the Nature Conservancy on Long Island. Supervisor Russell, members of the Town Board, thank you for the opportunity to participate in the hearing tonight. We sincerely applaud the Town Board for its courage and foresight in asserting its legitimate land use powers by including Plum Island in its comprehensive planning and zoning for the first time ever. The town's vision of the future of Plum Island being 4/5th conservation and 115 research is the most sensible, well considered proposal we have heard in the ongoing controversy over the future ownership and use of the federal holdings at Plum Island. The town's proposal is sensibly balanced, providing for the protection of nationally significant environmental and cultural resources. The continued operation of a world class research laboratory, the reasonable use and improvement of a commercial marine staging area at Orient Point with the protection of the health, safety and welfare of the residents of the town. In our written comments which have been submitted already, we make suggestions for language revisions which might further our common goals. There is actually a marked up copy of your code amendment in the submission. The Nature Conservancy is a member of the Preserve Plum Island coalition and agrees with the position of that organization regarding eliminating the potential for solar collectors to cover 120 acres of the conservation lands. We also support including an additional 37 acres with high quality natural resources in the conservation district. I do want to acknowledge the Supervisor's comments about the lengthy process any applicant would have to go through but I think we have all seen when a developer, whether it be commercial or residential, comes to the east end of Long Island and they read our codes, they tend to read an allowance of 20% as that is how they do their financial calculations on whether they can make money or not, so I just, a word of caution that if you don't mean 20, we are concerned about you putting that number out there, if you don't mean 20%. We have attached to our written comments a copy of the 2012 NY Natural Heritage report entitled biological diversity and ecological potential of Plum Island New York which many of you are already familiar with. Heather mentioned it in her comments. We believe it strongly supports your proposal and should be in the written record of this hearing. Finally, we encourage you to make any necessary provisions to the proposal while maintaining the basic areas and uses you have proposed. And adopt it as local law as soon as possible. In this way, the town can send a clear message to the federal agencies that own and manage these properties on behalf of all of us, that our region is united in support of the town's vision for the future of Plum Island. Thank you. SUPERVISOR RUSSELL: Thank you, Randy. Before I, I just want to apologize to the Board because the next guy I am going to call on is not going to go away unless I call on him. So I am just going to call on him now and get it over with. Legislator Albert Krupski. ALBERT KRUPSKI, SUFFOLK COUNTY LEGISLATOR: You are right, I wasn't going to go away. Albert Krupski, Cutchogue. I would really like to thank the Town Board and the Planning Department for working on this. I had the opportunity to work with everybody here for May 7, 2013 Page 51 Southold Town Board Meeting a couple of years and we all know what a shock it was when the Congress decided to sell it and I have listened to the comments and I heard John Turner speak and I heard Randy Parsons speak last week and John Bredemeyer. I got to listen to their comments last week and think about them but I think the way it is proposed now, in my opinion, the way the Planning Department and the way the Town Board worked this out, I think that is the way to go. I think that you have to allow some flexibility, 175 acres for the research area is a good size area, you need that flexibility for the future, it is not just what is there today, you have to, you have the vision to think forward into the future and as far as allowing the solar panels on 20% of it, I think that is very reasonable, I think in the future as far as energy use, you just don't know what could happen. It is easier to allow it now and see what happens then try to go back later on once it is designated a preserve and to try to squeeze something in there later. And I really want to, I am really so proud of the Town Board because here Southold Town has an opportunity to control its own destiny and they are setting a great example, believe me, for the rest of Long Island because to take this initiative, you deserve a lot of credit. Thank you. SUPERVISOR RUSSELL: Thank you Al. I just want to say, Al is being modest. He didn't mention that as a Councilman, Al was a very persistent member of the Town Board who insisted that we take the issue up and get zoning in place. Some of us were more cynical, myself included, to the sale ever really taking place but Al wanted to make sure that it stayed on our radar and we got the work done. That was Al, as well as the rest of this Board's efforts. So he deserves as much credit as he might want to give us. Anybody else? CHARLES ROTHENBERGER: Good evening. For the record, my name is Charles Rothenberger, I am an attorney with Save the Sound, a conservation and environmental advocacy organization that operates both in New York and Connecticut, the two states that have primary stewardship responsibility for Long Island Sound. Save the Sound appreciates the opportunity to comment in strong support of the proposed zoning on Plum Island. We wholeheartedly support the goals of the proposed zoning and thank Southold for taking this important pro-active step to preserve Plum Island for future generations. We strongly believe the most appropriate disposition of the island would be to transfer the property to another federal agency such as the US Fish and Wildlife Service through which it might be made part of the national wildlife refuge system. And the alternative we believe that GSA should condition any future sale in a way that preserves Plum Islands hundreds of acres of habitat and open space. However, should the federal option that falls short, Southold and your impending zoning would provide a safety net for the island's wildlife and coastal systems and it is a welcoming, positive step towards ensuring Plum Island's natural resources are protected should a transfer to private interests ultimately occur. That being said, we do have several suggestions that we believe will make the proposed zoning ordinance even more effective in achieving its stated goals. With respect to the Plum Island research district, it was noted earlier that it would allow for the bulk area, conditions would allow for up to 50% of that site to be used for solar installations. We did a little back of the envelope calculation and it assuming that 90% of that zone might fall within the definition of buildable land, that would yield a potential installation covering 78.75 acres which amounts to more than 2 times the area currently occupied by the Plum Island Animal Disease Center campus, ferry terminal and warehouse buildings combined. Now this is really more in the form of a question. We are curious as to whether such a large solar installation May 7, 2013 Page 52 Southold Town Board Meeting would require the clearing of additional vegetation to meet that lot coverage. As noted, we certainly support the adaptive reuse of the existing development footprint within the PIR but are concerned about the potential for expansion beyond that footprint under the special exception allowable for solar installations. To that end, we would recommend adopting the same language for the PIR that is found in the Plum Island Conservation district section with respect to disturbing vegetation and specifically that language can be found in section D of article 32. We should say that we recognize that according to GSA's analysis in the draft environmental impact statement, developed and or maintained areas comprised approximately 170 acres on the island and some of the specified developments within that analysis only come out to about 65. So as I calculated the potential between the two zones for total maximum coverage of solar installations, it came out to be approximately 160 acres once you subtract the non-buildable land according to your town code. So it looks like there may be enough already to serve land to accommodate that but we would really be concerned about the details of that siting, we would certainly recommend that additional conditions be placed on solar installations and again, noted that the conditions that appeared to be contemplated were admitted to the draft regulations. We did provide fairly extensive suggestions regarding what some of those conditions might look like in our comments and discussion of the Plum Island conservation district. Among the suggestions that we made, certainly a very thorough environmental impact review should accompany any application for a special exception and that should be an independent analysis and one that certainly should be paid for by the applicant. Height restrictions should be established for any solar installation, I will leave it up to you to determine what the best height is. Towns throughout the country have established different maximum height allowances but I would suggest something fairly short would be appropriate considering the importance of this view shed. Maintaining the opportunities for wildlife passage to any solar installation, additionally the placement of solar panels should be based on preserving existing natural features and the design, construction, operation of any facilities should minimize soil disturbance to the maximum percent possible and should not substantially alter runoff or drainage from the site and then finally, any application for special exception we believe should include a site restoration plan that describes how the solar use site will be restored to the same general condition that existed at the time of the approval should the solar installation cease operations. The proposed site restoration plan should describe procedures to be used to restore the solar use site to its prior conditions, including but not limited to re-grading, re-vegetation and the storage and removal of structures and the equipment. That being said, notwithstanding some of those questions and concerns expressed, we really do applaud the Town of Southold for its vision and its commitment to taking the appropriate steps to ensure that Plum Islands rich cultural, historical and environmental legacy will be preserved for future generations and I wish that every town in Connecticut and New York follows your lead and take such a proactive approach. Thank you. SUPERVISOR RUSSELL: Thank you. I just want to speak to one issue and again, we are going to consider everything that gets said tonight, we will certainly take it very seriously. But in the interests of clarity want to point out that although we are creating new zoning for the uses on that island, there are other aspects of our code that would still apply once the island goes into private hands. For instance, solar, photovoltaic arrays are considered accessory structures, accessory to the principal use. The town code already limits heights for accessory structures, I believe the current limit is about 18 feet maybe. Although from a practical point of view, that May 7, 2013 Page 53 Southold Town Board Meeting doesn't mean that it shouldn't be reviewed in maybe a tighter context down the road but there are other aspects of the code that would come into play here, such as coastal erosion hazard mitigation areas. We already passed legislation that doesn't allow for construction in those zones, things like that, so this is just really speaking to the uses for that island. Because we didn't have zoning that was appropriate in the existing code. (INAUDIBLE) COLLIER: Good evening Supervisor Russell and members of the Town Board. My name is (Inaudible) Collier. I am here this evening representing the Nature Conservancy in Connecticut, sister chapter to our Long Island chapter that my colleague Randy Parsons just spoke to you from. On behalf of the nature Conservancy in Connecticut, I would like to express our strong support for the town's proposed local law entitled the local law in relation to the marine district and Plum Island zoning. (Inaudible) that leaves 600 acres or 80% of Plum Island in a conservation district to ensure the island's nationally significant, natural, cultural and historic resources are protected. As one of the largest contiguous blocks of undeveloped coastal land in the Long Island Sound, Plum Island supports a diverse array of wildlife and native plants including critical breeding habitat for threatened birds like piping plovers and roseate terns and the largest seal haul out area in southern New England. With nearly 400 species of plants on the island including 14 rare species, the island also supports one of the largest concentrations of rare plants in New York. 187 species of birds have been observed on the island including 57 New York State species of greatest conservation need. And the near shore areas of Plum Island contain some of the few remaining sea grass meadows in Long Island Sound, a critical habitat for marine life. There are no other comparable conservations opportunities in Long Island Sound where significant resources, already publicly owned, can be permanently protected. Plum Island is also located within the waters of Long Island Sound and Peconic estuary. Both estuaries of national significance, designated by congress under the national estuary program. The island is a stewardship site within the Long Island Sounds national estuary program. Keeping Plum Island in public ownership and management with public access is most consistent with the policies and goals established from congress when it enacted the national estuary program. This is also an important goal of the nature conservancy and as you heard earlier, the Preserve Plum Island coalition. The conservancy supports the coalition recommendation that the federal government designate the same portion of the island, proposed to be going for conservation as a national wildlife refuge as the best and most appropriate vehicle for protecting and enhancing the wildlife and ecological communities of the island. Due to the national significance of the island's natural resources, the conservancy also supports and echoes the comments we have heard from others here tonight in particular those of the Preserve Plum Island coalition. Those include inclusion in the conservation district and removal from the research district of the approximately 35 acres in and around the Plum Island lighthouse, extending along the shoreline in both directions, south to the northern edge of the dock facility and northeast to the western of the main laboratory facility and inland to the paved road to protect the small isolated wetland between the lighthouse and the docking facility, potential habitat for rare plant species and ensure the natural, unaltered sections of the islands coastline are within the most protected zoning district. In addition, inclusion in the conservation district and removal from the research district of an area approximately two acres northeast of the existing laboratory facility that consists of a maritime shrub land as mapped by the natural heritage program, New York natural heritage program. Use of solar panels in the conservation district should be prohibited with the exception of on the roof of buildings May 7, 2013 Page 54 Southold Town Board Meeting conforming to the 2% lot coverage requirement structures to preserve the integrity of the islands flora and recognizing the comments that were made earlier this evening with regards to other potential sources of alternative energy development on the island, I would also like to echo those concerns that those be minimized within the conservation district. And finally, I think this was addressed earlier but because it is in our written comments I want to repeat it, just verifying that the sum of the acreage for the proposed zoning district is indeed consistent with the total acreage of the island and ensure that all areas of the island are included in the Board's zoning proposal, as proposed it appears that only 775 of the estimated 843 acres of the island were included in the zoning proposal. And as a final recommendation, we would also ask that all sewage on Plum Island be treated to a tertiary level of treatment before discharge into ground or surface waters to minimize the addition of nitrogen loading into Long Island Sound. Finally, I would just like to express the Nature Conservancy in Connecticut's appreciation of the opportunity to review and provide comments to the Town Board on this proposal to ensure Plum Island continues to serve as a natural resource and provide essential and consistent for the region. The Conservancy fully supports the Board's adoption of this zoning proposal. Thank you. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board on this particular local law? BENJA SCHWARTZ: Good evening. Benja Schwartz from Cutchogue. A lot of building going on in Riverhead, I think we got enough development in Riverhead to balance it out. I almost say no development on Plum Island but not really. I think you know, there is development that can be positive out there. Federal government hasn't been the best steward all the time. Of course, Riverhead Town would probably want to build a bridge across the gut so they could, you know, put some big stores out there or something. Okay, well, I just, I am really proud of the town Board for proposing this very thoughtful and well considered legislation. I think there are a couple of items or terminology that could be improved on. We have heard a lot today about alternative energy and I would just like to, rather than say alternative, the point is that it is clean, non-polluting energy. It is not going to have a adverse impact on the environment. Renewable energy as opposed to the limited sources of energy which we currently rely on and will not be able to forever. I think the idea, what I have heard and I haven't seen, I haven't read all the proposed zoning, I have been very busy lately. I apologize but you have all been doing a great job, thank you for that. And you too. I have never been to Plum Island. It is hard to get there. You have got to, you know, have the right credentials and all. It is a little easier than it used to be to go to Fishers Island which is very similar in many ways, on the other side of the Sound. But I am supportive of the idea of having some public access to natural environment out there. The idea, the terminology used in the proposed legislation of passive recreation, it is not going to be passive. Just getting there across the Plum gut is going to be very active, believe me. If you have ever been there, been in the gut, you will know what I mean. But really, that dichotomy, the description, the use of passive recreation areas and active recreation areas, I think doesn't describe what we really are talking about. Sometimes they say non- consumptive recreation, you can say non-disruptive, protected and I think it is important to be protective but I also think that we can support and promote nature if we have appropriate kind of development out there and appropriate zoning legislation would go a long way towards encouraging that. Closing, I wouldjust like to mention the book `Bringing nature home' and May 7, 2013 Page 55 Southold Town Board Meeting how we humans are occupying so much territory on the earth. It is not enough just to close off places and say that nature can do its thing out there. everything that has been said today about Plum Island also needs to be applied to the property on the mainland here, to our jurisdiction and yes, private property also on the mainland. Finally, there was a resolution today, #369. Something about a memorandum of agreement with the federal government on Plum Island. I was disappointed to see that there was not an attachment on the website. That it was not posted. In fact, this proposed legislation could easily have been attached as a link in the agenda so that people could actually read the specific legislation. And I would ask if maybe the public hearing comments could be put on our wonderful laserfiche system that we, our Town Clerk has set up for us. Thank you. AARON BURGEN: Good evening, Supervisor Russell and Town Board members. Thank you for allowing all of us this opportunity to speak tonight. My name is Aaron Burgen. I am the vice-president of the Group for the East End and I am filling in for Bob DeLuca, who regrets that he couldn't be here tonight, the president of the group. He has been working on the Plum Island issue since 2003, mainly with the security but also now most recently with the conservation site assessment. And just for the record, the group represents the conservation and community planning interests of several thousand member household on the east end with roughly 400 here in Southold Town. And our central office is in Southold. We are also member of the Preserve Plum Island coalition, as many of the folks that spoke tonight are. We echo a lot of what John Turner said. And we want to strongly support the proposed changes that would establish these two districts as well as the existing M II zoning which would further clarify a number of potentially problematic uses on the land side and dock portion of the Plum Island property. And so that is something not to use sight of, the proposed amendments set forth. I just want to echo again, roughly 37 acres that is now being proposed in the research district, 35 acres right on the western shore and again, the other two acres on the north of the existing facility. Just looking through before this is finalized, just to take a look at that. It is mainly wooded area, undeveloped northwest coast and the southwestern which contains a lot of wetlands and of course, the Plum Island lighthouse. But also from an aesthetic standpoint, there is going to be a lot of boaters out there, to have buildings right up to the edge of the coastal shoreline would not be beneficial to the public. The last thing too is, working along with Congressman Bishop who (inaudible) to de couple the sale of Plum Island which as proposed now would help pay for the new lab which of course probably wouldn't be able to happen because the sale of Plum Island would be just a fraction of what the new lab will cost. But again, I want to repeat anything that other people have said tonight and our written comments will be set forth very soon. I just want to thank everyone for their attention to these concerns that we have spoken about and if there is anything that the group can do moving forward, please let us know. Thank you very much. SUPERVISOR RUSSELL: Thank you. BILL STEGIMAN: Good evening, thank you for the opportunity to speak. My name is Bill Stegiman and I am the conservation chair of the Long Island group of the Sierra Club. We have about 6,000 members on Long Island. We are also members of the Plum Island coalition. And we are thankful to John Turner for illustrating our viewpoints earlier. I am really just, I am from May 7, 2013 Page 56 Southold Town Board Meeting West Islip and I thought it was important to be here tonight as a representative of the Sierra Club to express our gratitude for these actions that you are proposing. I will leave it at. Thank you. SUPERVISOR RUSSELL: Thank you very much. Who else would like to address the Town Board on this particular issue? ROBERT DUNK: Robert Dunn, Peconic. I am just curious about, assuming this goes through this way, what is the liability of the Town? I mean, the conservation district is certainly not going to put any dollars on the table. What kind of liability is the town going to have once the (inaudible) and what kind of income might come from the island should there be no development? SUPERVISOR RUSSELL: The zoning doesn't envision no development. What the zoning tries to do and I understand the concerns that people have had tonight with regard to photovoltaic arrays etc., but you know, you need to understand that this Town Board's goal was not just to protect what is a stunning eco-system that is over there but also to equally protect a stunning world class facility, research facility. So that is why we have segmented the zoning to allow for the continuation of research and development in the PIR district. The liability, the town is merely zoning the property. By zoning it, we are not taking possession of it, we are not taking title to it. The liability still rests with the federal government and any cleanup, any of those issues, they need to identify and disclose to any potential buyer. MR. DUNN: There is plenty of that there. I mean, you can see that just from the satellite. I have never been on the island but looking at satellite pictures, there hazardous dumps, there is vehicles. Those buildings were built starting in the 40's and 50's. God knows what is in them. But I am talking about from security, police, fire, transportation. What kind of liabilities will the town have.... SUPERVISOR RUSSELL: We already have an agreement, as a matter of fact, Benja referred to a resolution, I think it was 369, we actually have a memorandum of understanding, we provide policing to Plum Island. Generally it is on a stand ready basis. If they have an incident, if they have an unruly worker, then we will go over there and assist them. It is just their security. MR. DUNN: But once they would leave. SUPERVISOR RUSSELL: Well, once they would leave, again, if it became privately held, then we would have to work out with any potential buyer some type of arrangement for the policing of the island. Also, they would need to probably contact the Orient fire district. Right now, they maintain their own fire department on Plum Island. MR. DUNN: Correct. SUPERVISOR RUSSELL: If Orient were to absorb that, they would need to go to that fire district and negotiate some sort of reasonable fire protection. If they can't sustain their own fire department. May 7, 2013 Page 57 Southold Town Board Meeting MR. DUNK: And that funding would come from? SUPERVISOR RUSSELL: That would be, again, any prospective buyer would have to factor that into the equation. The funding isn't going to come from Southold Town. I don't know what arrangements they would work out with the federal government or the fire district. MR. DUNN: And if the zoning were to frighten off any prospective buyers and the feds walked away from it and now it is just an island out there that the town is concerned with.... SUPERVISOR RUSSELL: We have tried to be broad enough with the zoning in the research district that hopefully that wouldn't be the case. We are trying very much to protect jobs on Plum Island as much as the scenic view sheds there. I mean, we are trying to balance those things out. We hopefully have included enough uses in that research area.... MR. DUNN: So in the conservation district, we would kind of hope that some... SUPERVISOR RUSSELL: It is a de facto preserve now and.... MR. DUNN: Somebody would buy it to preserve it.... SUPERVISOR RUSSELL: For the 175 acres that we are creating for the research and development district. MR. DUNN: But that potentially could be revenue generating then? SUPERVISOR RUSSELL: Yes, if a private buyer, then we would put it over to rural section one and it would become taxable property. MR. DUNN: And if it was a university or anybody.... SUPERVISOR RUSSELL: Presumably they would stay in the tax exempt status. MR. DUNN: Okay, so again, we are not..... SUPERVISOR RUSSELL: If we were to transfer to a tax exempt entity, it would be revenue neutral because right now it produces no taxes. MR. DUNN: That is it. I just want to know how much thought has been given to what if it continues to produce no taxes? SUPERVISOR RUSSELL: We thought about that a great deal but again, we didn't try to create zoning to create expansion of the tax base, we tried to create zoning that does two things. It achieves protection and preservation of that stunning eco-system and tries to save Plum Island as a research facility. May 7, 2013 Page 58 Southold Town Board Meeting MR. DUNN: Okay but if everybody left and it was just a nice little conservation area which would be a wonderful thing (inaudible) you are going to have to put some people out there patrolling to keep the yahoo's off it from doing whatever they would do. SUPERVISOR RUSSELL: The federal government would still have to, again, if the federal government just had to walk away from it, they would still own it and they would still have the underlying responsibilities. MR. DUNN: Okay. Thank you. SUPERVISOR RUSSELL: Bill? BILL TOEDTER: Bill Toedter, Southold. President of North Fork Environmental Council. I won't wax eloquent or repeat what my colleagues and associates have said, I think we have covered that and the NFEC really does appreciate the work and commitment that you have put into this so far. To Al's point, it has been a long road to this point and what we want to say is that we all need to understand that this is not the end, this is the beginning and there is a long road ahead with commitment from the Town Board and commitment from all these organizations as we move forward. We have talked a lot today about Plum Island and you know our positions on that. We also need to keep in mind as Bob spoke about and as Aaron spoke about, (inaudible) other issues that then may affect us. When we look at decommissioning, if there is an actual sale and we look at remediation efforts and we look at any construction, how that is going to affect Orient, East Marion and Greenport in terms of traffic issues, in terms of all these other things. So we hope that the Town Board continues its focus going forward in dealing with these things and we stand ready to help you with that, too. SUPERVISOR RUSSELL: Thank you very much. Who else would like to address the Town Board? Don? DONALD WILCENSKI: Donald Wilcenski, Planning Board chair. I would just like to take a moment to just recognize the Town Board, the code committee, the attorney's office, the planning staff and everyone for doing an outstanding job in bringing this to where it is now. There have been a lot of meetings over the last several months and it has been a pleasure to listen to all the comments here tonight with everyone pretty much having the same goals in mind. And we will continue to take your comments as we move forward. Thank you. SUPERVISOR RUSSELL: Thank you Don. Who else would like to address the Town Board on this local law? Anybody? MR. SCHWARTZ: Excuse me, if I may just add one quick point. On the agenda today, there was something about a conference, living shoreline conference which I think is apropos to this whole discussion. And I was very glad to see one of our local trustees of the Town of Southold was one of the panelists along with some very distinguished people from up and down the east coast..... May 7, 2013 Page 59 Southold Town Board Meeting SUPERVISOR RUSSELL: I just want to remind you that we are still in the public hearing for the local law that is proposed but we will go to the public comment section in a second. MR. SCHWARTZ: Well, you know, it is similar to the idea of posting the comments here, I think there could have been a link on the agenda to the, on our agenda, to the agenda for this living shoreline conference. I understand it is sold out but I think there is a lot of very similar thinking of people who understand the value of conservation and how that will add not just natural resources but economic benefits to our town, way beyond what residential development or commercial development out there, we just provide some cash input but also cash outlay requirements. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on this particular local law? This meeting was adjourned at 9:17 PM until June 18, 2013. Written comments accepted until June 14, 2013. RESULT: ADJOURNED [UNANIMOUS] Next: 6/18/2013 4:30 PM MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell Closine Statements SUPERVISOR RUSSELL: That concludes the business of the Town Board meeting. Would anybody like to address the Town Board on any issue of mutual interest? LEROY HEYLIGER: Good evening, I am Leroy Heyliger, I live in Mattituck and I want to address the Board about the Cottages at Mattituck. There was a pathway that was constructed so that the pedestrian, a pedestrian walk so that the occupants could safely cross the railroad track and make it down to the shopping center. The other day a gentleman, elderly gentleman who lives on Factory Avenue was coming across to go to the shopping center and a car was coming down and he had to go around the railroad stanchion, he had to duck around the railroad stanchion, go across the railroad tracks and stumbled and fell and he was laying there. And we all knew, I was in the parking lot of our church there and I saw him stumble and fall and I noticed he couldn't get up. Two other motorists pulled over and together we got him up. He was lying between the track. He is 85 years of age. Now, if he just laid there another half hour and nobody had seen him, the eastbound train would have run him over. I know that for a fact because it comes through there at that hour of the day. I have been before the Board before about this walkway and I would like to show you the picture here of what I am talking about. That is the stanchion he had to go around. Instead of going across here between the pole and the stanchion, this is where he fell and he was lying. And the three of us had a hard time getting him up. But he didn't hurt himself. Now this piece of property here belongs to the town. On this May 7, 2013 Page 60 Southold Town Board Meeting map, it shows the MTA right of way here but it ends here and 224 belongs to the Town of Southold, which is this unpaved section. (Inaudible) There was an article in last years' paper (inaudible) the complete streets act, was put up for a vote in December by Legislator Rob Columbo of Patchogue and Carol Hahn of Setauket and the complete streets act emphasizes planning for more sidewalks, bicycle lanes, bus pullouts and pedestrian curb ramps. And the, actually that hasn't come up for a vote because that says here the complete street act or law passed last year applies only to roads receiving state and federal funds. And Mr. Lynch said that the Suffolk proposal fills in a gap between the state and the towns. So I don't know if that law was passed or is still pending but if we could get funds to do that kind of work and get it done. COUNCILMAN TALBOT: We, a meeting or two ago at the Transportation Commission, we had a discussion about grants and funding for part of the safe routes to school program and it was kind of in line with that, sidewalks in different communities and the handicap accessibility sidewalks and one of the particular we discussed, one of the Planning department employees was looking into it was taking those sidewalks which Supervisor Russell had made a recommendation about coming from Love Lane which the sidewalks are all intact until you get down to the old Penny Lumber, Marjam there, the sidewalk ends right there. We talked about because the Cottages are where they are, to possibly loop the sidewalk all the way down to Factory Avenue, head south and tie it into the shopping center. So we are looking into the possibility of getting some grants for that right now. MR. HEYLIGER: Another thing is that all of the crossings markings are all obliterated on that street. You can't, since the winter they haven't been renewed, they need to be repainted, the warning signs. COUNCILMAN TALBOT: On the roadway, okay. MR. HEYLIGER: And there is a lot of speeding that goes on. The reason he had to duck around that stanchion and he fell between the track, is that he was trying to get out of the way of a car that was coming down and over and he had to, and that is why he went around the stanchion and he fell. Now, in Riverhead, they have on Roanoke Avenue, the railroad has extended, by the school, where you make that turn.... COUNCILMAN TALBOT: By the bank there? MR. HEYLIGER: Yeah, by the school there. And going towards Factory Avenue, they have May 7, 2013 Page 61 Southold Town Board Meeting extended the cover for that railroad track and made a pathway so that the people leaving (inaudible) walk over and make safely across. If we could only get it paved.... SUPERVISOR RUSSELL: We have made requests to the MTA, they had undertaken some improvements to the railroad crossings in several sections in Southold Town, they have done some work over the last few years. To my understanding, the MTA is an agency that is out of funds right now and they are waiting for special dispensation from the State of New York. Capital projects are just something, to be frank, is not on their radar because they are having a hard time meeting their post retirement obligations. MR. HEYLIGER: Well, I just read an article that said in July the MTA has a $20 million surplus. There was an article in the paper. COUNCILMAN RULAND: I think we should rattle their cage and see what shakes out. SUPERVISOR RUSSELL: We can certainly try. MR. HEYLIGER: Thank you. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board? ROBERT DUNN: I hate to bring this one up but the dog thing? 1 know you guys were working on the final legislation on that. It would just be, I don't know if you can but it would be good if you could leave yourself a little, I think you have done a great job and I think the thing was coming to a compromise after the public meeting and all that, that was good and it is working. But if you could leave yourselves some wiggle room, as I understand, you are going now, there is a potential for beaches or ends of roads or whatever to become dog spots and if that turns out to be so, that might be uncomfortable to those people who live around those spots. So if in that legislation you could leave some wiggle room so adjustments could be made that you wouldn't then have to go through this whole thing again next year or next spring or in the fall or whatever or you know where I am going. May 7, 2013 Page 62 Southold Town Board Meeting SUPERVISOR RUSSELL: What we envision is any legislation that gets passed would be applicable to all beaches in Southold Town. There are but one exception, lifeguard at beaches while lifeguards are on duty. MR. DUNN: Okay, but now the dogs would be forbidden entirely while lifeguards are on duty and I understand that and I understand the conceptual and the evolution of all that and that is fine, but if it turns out that those people who do want to bring their dogs to the beach in the daytime all end up going to one place or one beach whether it would be the one you all know I am interested in or a road end somewhere, then the people who live there might not like it. SUPERVISOR RUSSELL: They might not but we are only talking... MR. DUNN: But let me just say, even if people clean up after their dogs, no one washes the sand so you could end up with serious odors and you could end up with 12 people on one road end with their dogs on leashes, cleaning up their but you have got dogs howling all day, well, the people who live there don't want to listen to that either. So I just, that there be some wiggle room in your legislation that later it could be tweaked if necessary. That's all. Not that you are going to anticipate anything just that there be some room so you don't have to go through the whole thing with public hearings again and a whole debate and the whole thing. Thank you. SUPERVISOR RUSSELL: Would anybody 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 9:30P.M. Eliz eth A. Neville Southold Town Clerk May 7, 2013 Page 63 Southold Town Board Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell