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HomeMy WebLinkAboutTB-06/18/2013 ELIZARL I H A. NEVILLE r suFwt~SI l ogo Hall, 53095 Main Road or~ TOWN CLERK o~ ors PO Boy 1179 Southold A'1 11971 RIGIS"I RAR OFA I i AI. S I AI IS I ICS o .f Iiyt611765-6145 MARRIAGE OFFICER '~~oi .~a°Telephone. 16311 765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.north Rxkknet FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD SOUTHOLD TOWN BOARD REGULAR MEETING June 18, 2013 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, June 18, 2013 at the Peconic Landing, Greenport, NY. Call to Order 4:30 PM Meeting called to order on June 18, 2013 at Peconic Landing, Main Road, Greenport, NY. Attendee Name Organization Title Status Arrived James Dinizio Jr Town of Southold Councilman Present William Ruland Town of Southold Councilman Present Jill Doherty Town of Southold Councilwoman Present Christopher Talbot Town of Southold Councilman Present Louisa P. Evans Town of Southold Justice Present Scott Russell Town of Southold Supervisor Present Elizabeth A. Neville Town of Southold Town Clerk Present Martin D. Finnegan Town of Southold Town Attorney Present 1. Reports 1. Planning Board 2. Budget 3. Recreation Department 4. Building Department 5. Board of Town Trustees 6. Justice Rudolph H. Bruer 7. Post-Retirement Healthcare Plan Page 1 June 18, 20 13 Southold Town Board Board Meetine 8. Special Projects Coordinator 9. Zoning Board of Appeals 10. Dept of Public Works Monthly Report 11. Program for the Disabled IL Public Notices 1. Suffolk County Dept of Economic Development and Planning HL Communications IV. Discussion 1. 9:00 - Barbara Schnitzler and Barbara Butterworth of the New Suffolk Waterfront Fund 2. 9:30 Heather Lanza, Planning Director 3. 9:15 Vincent Orlando and Joe Frohnhoefer 4. LL/Plum Island & Marine II Zoning (To be Set for Public Hearings) 5. 10:00 Phillip Beltz with Fred Andrews, Housing Advisory Commission 6. 10:15 Phillip Beltz 7. 10:30 Phillip Beltz with Costa Kokkinos, Youth Bureau 8. LL/Dogs on Beaches 9. LL/Amendments to Chapter 205 Special Events (To be Set for PH) 10. 10:45 Am - Melissa Spiro, Land Preservation 11. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 11:30 AM for the purpose of discussing the following matters: 1) Labor The employment history and performance of a particular person or persons and matters leading to the appointment, employment, promotion, discipline, suspension, dismissal or removal of a particular person or persons; Update on PBA negotiations; CSEA negotiations. Page 2 June IS, 20 13 Southold Town Board Board Mectina (3) Litigation: Strategy discussions regarding proposed, pending or current litigation on following matters: Town of Southold vs. Go Green Sanitation, et al. Town of Southold vs. Rose's Vineyard, LLC and Joseph Paul Winery. Inc., d/b/a Vineyard 48. RESULT: ADOPTED [UNANIMOUS[ MOVER: Louisa P. Evans, Justice SECONDER: William Roland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell 12. Executive Session: Labor 13. Executive Session: Litigation 14. Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 1:00PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell 15. Motion To: Recess 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby Recess this 9:00 AM meeting of the Town Board at 1:00 PM until the Regular 4:30 PM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Dinizio Jr, Roland, Doherty, Talbot, Evans, Russell Opening Comments 1. Motion To: Reconvenes 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby reconvenes the 9:00 AM meeting of the Southold Town Board at this 4:30PM Regular Meeting of the Southold Town Board. Page 3 June 18, 2013 Southold Town Board Board Meetine RESULT: ADOPTED (UNANIMOUS MOVER: Scott Russell, Supervisor SECONDER: William Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell 2. Award Presentation on Bullying Posters sponsored by Anti-Bias Task Force 3. SupervisorScott A./Russell V. Resolutions 2013-460 CATEGORY: Audit DEPARTMENT- Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated June 18 2013. ? Vote Record - Resolution RES-2013-460 13 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Roland Voter ? ? 0 ? ? Supervisors Appt Jill Doherty Voter 0 ? ? ? ? Tax Receivers Appt Christopher Talbot Seconder 0 ? ? ? ? Rescinded Louisa P. Evans Mover 6 ? ? ? ? Town Clerk's Appt Scott Russell Voter m ? ? ? ? Supt Hgwys Appt ? No Action 2013-461 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, Jul 2, 2013 at the Southold Town Hall, Southold, New York at 7:30 P.M.. ? Vote Record - Resolution RES-2013-461 Rl Adopted Ves/Aye No/Nay Abstain Absent ? Adopted as Amended James Dinizio Jr Voter 0 ? ? ? ? Defeated William Roland Seconder Rl ? ? ? Page 4 June 18, 20 11 Southold Toren Board Board Meetine ? Tohled Jill Dohcrt, Voter 0 ? ? ? ? Ak 111dea n C hristophul ulbot Vulcr 0 ? ? ? ? Supervisor's Appt Louisa P. Evans Mover 0 ? ? ? ? Tax Receiver's Appt Scott Russell Voter 0 ? ? ? ? Rescinded ? Town Clerk's Appt ? Supt l1gwys Appt ? No Action 2013-462 C4TEGORY. Close/Use Town Roads DE'PARDfENT. Town Clerk NFEC "Save What's Left" Bike Event RESOLVED that the Town Board of the Town of Southold hereby grants permission to the North Fork Environmental Council to hold its "Bike What's Left" event, on Saturday, July 13, 2013 (rain date July 14) beginning at 10:00 AM, The route will begin in Mattituck and follow routes using Pike Street, Wickham Avenue, Grand Avenue, Mill Lane, Oregon Road, Depot Lane, Main Road, New Suffolk Avenue, Grathwohl Road, Bridge Lane, Route 48, Mill Road, Sound View Avenue, Lighthouse Road, and Albertson Lane. Permission is granted provided they adhere to the conditions of the Southold Town Policy and Special Events on Town Properties and Roads. Failure to comply with conditions 5 and 6 of the policy shall result in the forfeiture of the cleanup deposit. All fees to be waived except the cleanup deposit. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads V Vote Record - Resolution RES-2013-462 ® Adopted ? Adopted as Amended ? Defeated Ves/Aye No/Noy Abstain Absent ? Tabled James Dinizio Jr Mover 0 ? ? ? ? Wilhdmwn William Roland Voter 0 ? ? ? ? Supervisors 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 2013-463 CATEGORY: Public Service Page 5 June 18.2013 Southold'fown Board Board Meetine DE'P IR7?i£Ea"7` t I oven Clerk Mattituck-Laurel Historical Society's Annual Lawn Sale Financial Impact: No cost to PD; no TCOs required RESOLVED the Town Board of the Town of Southold hereby grants permission to the Mattituck-Laurel Historical Society and Museums to hold its Annual Lawn Sale on the society's grounds on July 6, 2013 from 8:00 AM to 4:00 PM. ? Vote Record - Resolution RES-2013-463 * Adopted ? Adopted as Amended ? Defeated \'es/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter [a ? ? ? ? Withdrawn William Ruland Seconder [a ? ? ? ? Supervisor's Appt Jill Doherty Mover 10 ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter 10 ? ? ? ? Rescinded Louisa P_ Evans Voter 0 ? ? ? ? Town Clerk's Appi Scott Russell Voter o ? ? ? ? Supt Hgwys Appt ? No Action 2013-464 CATEGORY. Close/Use Town Roads DEPARTMENT: Town Clerk New Suffolk Civic Assoc. 4Th of July Parade Financial Impact: Police Department Cost for Event = 215.44 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the New Suffolk Civic Association to use the following route for its 4t' of July Parade in New Suffolk, on July 4, 2013 at 11:00 AM beginning with a line up at 10:30 AM on Old Harbor and Tuthill Roads; participants will march down New Suffolk Road, Fifth Street, Main Street, First Street and on to the Town Beach, provided they follow all the conditions in the Town's Policy for Special Events on Town Properties. Failure to comply with items 5 and 6 of the conditions of the policy will result in the forfeiture of the cleanup deposit of $250. All other fees are waived. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2013-464 0 Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended James Dinizio Jr Voter 0 ? ? ? Page 6 June 18, 2013 Southold Town Board Board Meetim! ? IJelented NiIll am Roland Motcr 0 ? ? ? ? 'luhlcd I'll Doherts VoIcr 23 ? ? ? ? Withdrawn Christopher Talbot - Voter 10 ? ? ? ? Supervisor's Appt Louisa P. Evans Seconder 0 ? ? ? ? Tax Receivers Appt Scott Russell Voter 0 ? ? ? ? Rescinded ? Town Clerk's Appi ? Supt Hgwys Appt ? No Action 2013-465 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Cystic Fibrosis Bike Tour RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Greater New York Chapter of the Cystic Fibrosis Foundation to use a multitude of roads throughout Southold Town from the Riverhead Town line to Orient, as described in the route maps filed with the application, for its Cystic Fibrosis Cycle for Life, on Saturday, October 5, 2013 from 7:00 AM to 4:00 PM: the route in Southold begins and ends at the Riverhead Town line, provided the applicant adheres to the Southold Town Policy and Special Events on Town Properties and Roads. Failure to comply with items 5 and 6 of the policy conditions will result in the forfeiture of the cleanup deposit. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2013-465 a Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter IZ ? ? ? ? Withdrawn William Roland Voter 10 ? ? ? ? Supervisor's Appt Jill Doherty Vole, D ? ? ? ? Tax Receiver's Appt Christopher Talbot Seconder 0 ? ? ? ? Rescinded Louisa P. Evans Mover 0 ? ? ? ? Town Clerk's Al Scott Russell Voter [a ? ? ? ? Supt Hgwys Appl ? No Action 2013-466 Page 7 June 18, 20 U) Southold Totsn Board Board Mectine CATEGORY: Employment - FIFD DER1IR"T111-N I.- Accounting Appoint Heather Stone Seasonal Deckhand RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted June 3. 2013 that appoints Heather Stone as a seasonal deckhand. V Vote Record - Resolution RES-2013-466 El Adopted ? Adopted as Amended ? Defeated 1-es/AS'e No/Nay Abstain Absent ? Tabled Limes Dinizio Jr Vutcr El ? ? ? ? Withdrawn William Roland Voter El ? ? ? ? Supervisor's Appt Jill DohenN Voter 10 ? ? ? ? Tax Receiver's Appt Christopher Talbot Mover ( ? ? ? ? Rescinded Louisa P. Evans Seconder 10 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 - ? ? ? ? Supt l lewys App( ? No Action 2013-467 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoint Veronica Kapralov Seasonal Clerk RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted June 3, 2013 that appoints Veronica Ka ralov as a seasonal clerk. V Vote Record - Resolution RES-2013-467 13 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Mover M ? ' ? ? ? Withdrawn William Roland Voter 13 ? ? ? ? Supervisor's Appt Jill Doherty Seconder 171 ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter [ ? ? ? ? Rescinded Louisa P. Evans Voter [a ? ? ? ? Town Clerk's Appt Scott Russell Voter M ? ? ? ? Supt Hgwys Appt ? No Action Page 8 June 18, 2013 Southold Town Board Board Meetine 2013-468 ('ATF.GORY: Planning DEPARTMENT. Town Clerk Planning Bd Training Requirement Proposal 2013 RESOLVED that the Town Board of the Town of Southold hereby authorizes and approves the Southold Town Planning Board's training proposal entitled "Planning Board Training Requirement Proposal for 2013" as sufficient to satisfy the training requirements for Planning officials pursuant to Town Law Section 271(7) (a-d). ? Vote Record - Resolution RES-2013-465 0 Adopted ? Adopted as Amended ? Defeated Y'es/Aye No/Nay Abstain Absent ? Tabled - - James Dmizio Jr Voter 0 ? ? ? ? Withdrawn William Roland Seconder 0 ? ? ? ? Supervisor's Appl Jill Doherty Mover 0 ? ? ? ?'lax Receivers Appt Christopher'I'albot Voter 0 ? ? ? ? Rescinded Louisa P_ Evans Voter 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-469 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoint Michael Franco Marine Mechanic RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted June 3, 2013 that appoints Michael Franco as a Marine Mechanic. ? Vote Record - Resolution RES4013469 0 Adopted ? Adopted as Amended Yes/Aye No/Nay Abstain Absent ? Defeated James Dinizio Jr Voter 0 ? ? ? ? Tabled William Roland Mover [a ? ? ? ? Withdrawn Jill Doherty Voter 0 ? ? ? ? Supervisor's App[ ? Tax Receiver's Appt Christopher Talbot Voter 0 ? ? ? Louisa P. Evans Seconder 0 ? ? ? ? Rescinded ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action Page 9 June 18, 2013 Southold Town Board Board Meeting 2013-470 CATEGORY: Budget Modification DEPARTMENT: Highway Department Highway Dept. Budget Mod Financial Impact: to cover over expenditures RESOLVED that the Town Board of the Town of Southold hereby modifies the 2013 Highway Fund Part Town budget as follows: From: D13.5110.1.100.200 General Repairs Personal Services Full Time Employees Overtime Earnings $ 9,895.00 TOTAL: $ 9,895.00 To: DB.5142.1.100.200 Snow Removal Personal Services Full Time Employees Overtime Earnings $ 9,895.00 TOTAL: $ 9,895.00 ? Vote Record - Resolution RES-2013-470 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter D ? ? ? ? Withdrawn William Roland Voter El ? ? ? ? Supervisor's Appt Jill Doherty Voter 13 ? ? ? ? Tax Receivers Appt Christopher Talbot Seconder o ? ? ? ? Rescinded Louisa P. Evans Mover El ? ? ? ? Town Clerk's Appt Scott Russell Voter o ? ? ? ? Supt Hgwys Appt ? No Action 2013-471 Page 10 June 18, 20 13' Southold Totsn Board Board Mectine C~47TG0R}': Employment - HFD DERIKT,1ll~N'I ACCOnotiII& C'lossiyy John Morgan Captain RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted May 20, 2013 that solely classifies John Morgan as Captain effective December 11, 2012. ? Vote Record - Resolution RES-2013-471 0 Adopted ? Adopted as Amended ? Defeated Yes/Ave No/Nay Abstain Absent ? 'fabled 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 Apia - Scott Russell Voter 0 ? ? ? ? Supt lietws Appt ? No Action riF 2013-472 CATF,GORY. Bid Acceptance DFP.4RTMF,YT: Police Dept Accept Bid ot"Pirate's Cove Marina for Fishers Island's Channel Markers, Buoys, Etc. RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Pirate's Cove Marine, Inc., Fishers Island, New York, in the amount of $3,000.00 for repair and placement of channel markers to be placed in both West Harbor and Hay Harbor, Fishers Island, New York, as well as retrieve, repair and replace, or return missing markers and instructional floats that are lost during the season, at a rate of $85.00 per marker plus the cost of necessary materials, buoys to be prepared and placed at the beginning of the season, and removed and stored by October 15, 2013; foregoing all in accordance with the bid notice of the Fishers Island Harbor Committee and subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2013-472 0 Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended e r James Dinizio Jr Mover 0 ? ? ? ? Defeated William Ruland Voter 0 ? ? ? ? Tabled Jill Doherty Voter 0 ? ? ? ? Withdrawn ? Supervisors Appt Christopher Talbot Voter 0 ? ? ? ? as Receiver's Appt Louisa P. Evans Seconder 0 ? ? ? ? Rescinded Scott Russell Voter 0 ? ? ? ? Town Clerk's Appt Page I 1 June 18, 2013 Southold Town Board Board Meeting ? SupiII_oNsApi ? No Action 2013-473 CATEGORY: Property Usage DEPARTMENT Recreation Approve Use of Downs Farm RESOLVED that the "Town Board of the Town of Southold does hereby grant permission to the Wilderness Traveling Museum to use Downs Farm for nature programs for children on Saturday, August 3 from 7:00 a.m. - 2:00 p.m. and from August 5-9 from 7:00 a.m. - 5:00 p.m. Applicant must file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as additional insured. I Vote Record - Resolution RES-2013-073 6 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 171 ? ? ? ? Withdrawn William Roland Seconder lz ? ? ? ? Supervisor's Apia Jill Doherty Mover R ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter [ ? ? ? ? Rescinded Louisa P. Evans Voter [a ? ? ? ? Town Clerk's Appt Scott Russell Voter 6 ? ? ? ? Supt Hgwys App[ ? No Action 2013-474 CATEGORY: Attend Seminar DEPARTMENT: Planning Board Attend Seminar Financial Impact: none RESOLVED that the Town Board of the Town of Southold hereby grants permission to Mark Terry, Principal Planner, Brian Cummings, Planner and Alyxandra Sabatino, Planner, to attend the East End Planning Conference in Riverhead, NY, on June 27 , 2013. All expenses for registration and travel to be a legal charge to the 2013 Planning Budget. Page 12 June 18, 2013 Southold Town Board Board Meeting ? Able Record - Resolution RES-2013-474 0 Adopted ? Adopted as Amended ? Defeated Tes/Aye No/Say Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Roland Mover 0 ? ? ? ? Supervisor's Appt Jill Dohenv Seconder 0 ? ? ? ? Tax Receiver's Appi Christopher Talbot Voter ? 0 ? ? ? Rescinded Louisa 1'. Evans Voter 0 ? ? ? ? Town Clerk's Arta Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appl ? No Action 2013-475 C4TFGORf.- Employment - Town DF_PARTMENT: Accounting Accepts Resignation Jordan P. Doroskz RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Jordan P. Doroski from the position of Part Time Scale Operator for the Solid Waste District, effective June 2, 2013. ? Vote Record - Resolution RES-2013-475 0 Adopted ? Adopted as Amended ? Defeated Ves/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter to ? ? ? ? Withdrawn William Ruland Seconder 0 ? ? ? ? Supervisors Appt Jill Doherty voter 0 ? ? ? ? Tax Receivers Appt Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Mover D ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appl ? No Action 2013-476 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Chief to Attend JACP Conference Page 13 June 18, 2013 Southold Town Board Board MCCti112 RESOLVED that the Town Board ofthe'fown of Southold hercb%' grants permission to Chief Martin Flatlev to attend the 2013 International Association of Chiefs of Police Conference in Philadelphia, PA from October 20-22, 2013. All expenses for registration, travel to be a legal charge to the 2013 Police Training budget line A.3120.4.600.200 ? Vote Record - Resolution RES-2013-476 - 10 Adopted ? Adopted as Amended ? Defeated - - Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio.lr Voter 10 ? ? ? ? Withdrawn William Ruland Voter El ? ? ? ? Supervisor's Appt Jill Doherty Voter [ ? ? ? ? I as Receiver's Apa Christopher Talbot Mover El ? ? ? ? Rescinded Louisa P_ Evans Seconder D ? ? ? ? Town Clerk's Appt Scott Russell Voter [a ? ? ? ? Supt Ilgwys Appl ? No Action 2013-477 CATEGORY. Committee Appointment DEPARTMENT- Town Clerk Reappoint Mike Posey to FI Harbor Comm RESOLVED the Town Board of the Town of Southold hereby reappoints Mike Posey as a West Harbor Property Owner to the Fishers Island Harbor Committee, effective immediately through March 31, 2018. ? Vote Record - Resolution RES-2013-477 121 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dmizio Jr Mover El ? ? ? ? Withdrawn William Ruland Voter [a ? ? ? ? Supervisors Appl Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter [a ? ? ? ? Rescinded Louisa P. Evans Seconder 0 ? ? ? ? Town Clerk's April Scott Russell Voter 171 ? ? ? ? Supt Hgwys Appi ? No Action 2013-478 Page 14 June 18, 2013 Southold Town Board Board Meetine CATEGORY: Public Service DF_PART.11Er4'I'.- Town Clerk Fireworks Permit to the Greenport Fire Department for Fireworks Display on.luly 3 and July 6, 2013 RESOLVED that the "Town Board of the Town of Southold hereby approves the issuance of a fireworks permit by the Town Clerk to Phoenix Hook & Ladder Company No. I and Relief Hose Company No. 2 of the Greenport Fire Department, for a fireworks display on Wednesday, July 3r`I and Saturday. July 6th 2013, at Greenport High School's field, payment of a fee of $200, 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 and the Fire Marshal. ? Cote Record - Resolution R4:S-2013-478 171 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain . Absent. ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdravvn William Ruland Seconder 0 ? ? ? ? Supervisors Appi Jill Doherty Mover 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter [a ? ? ? ? Rescinded Louisa P_ Evans Voter 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-479 CATEGORY: Public Service DEPARTMENT. Town Clerk SHS Ice Cream Social Financial Impact: Police Department Cost for Event = $49.38 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Historical Society, 54325 Main Road, Southold, New York to holds its Ice Cream Social and provide traffic control on Saturday, August 3, 2013, from 1:00PM to 4:00 PM (Rain Date Sunday, August4), provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and coordinate traffic control with Captain Kruszeski upon notification of the adoption of this resolution. All Town fees for this event are waived. ? Vote Record - Resolution RES-2013479 D Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended James Dinizio Jr Voter 10 ? ? ? ? Defeated William Roland Mover 0 ? ? ? Page 15 June 18, 20 11 Southold To%n~n Board Board Mectine ? Tabled I'll Dohen, Vuier 0 ? ? ? ? Withdm,n Chri'wphcr lLlboi Vulcr 0 ? ? ? ? Supervisor's Appt Louisa P. Evans Seconder 0 ? ? ? ? Tax Receiver's Appt Scott Russell Voter M ? ? ? ? Rescinded ? Town Clerk's Appt ? Supt Hgwys Appi ? No Action 2013-480 CATEGORY.- Employment - Town DEPARTMENT: Recreation Hire Seasonal Summer Employee RESOLVED that the Town Board of the Town of Southold hereby appoints the following individual as a lifeguard for the 2013 summer season, June 22 - September 2 as follows: STILLWATER LIFEGUARD HOURLY SALARY Nicholas Ch linski (2nd ear) $12.44 ? Vote Record - Resolution RES-2013480 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Roland Voter 0 ? ? ? ? Supervisors Appl Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Seconder 0 ? ? ? ? Rescinded Louisa P. Evans Mover 0 ? ? ? ? Town Clerk's App[ Scott Russell Voter 0 ? ? ? ? Supt Hgwys Arta ? No Action 2013-481 CATEGORY. Contracts, Lease & Agreements DEPARTMENT. Town Attorney Agreement WICornell Cooperative Extension of Suffolk County for Conducting a Coliform Enumeration and DNA Source Trackingfor West, Wickham and East Creeks Page 16 June 18, 2013 Southold Town Board Board Mecum-, RESOLVED that the Town Board of the Town ofSouthold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and Cornell Cooperative Extension of Suffolk County in connection with conducting a Coliform Enumeration and DNA Source Tracking for West, Wickham and East Creeks, to further support the ongoing efforts by the Town's Local Waterfront Revitalization Program, at a cost not to exceed $10,498.29, plus out-of-pocket expenses for postage, photocopying, etc., subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2013-481 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ?'tabled Junes Dinizio Jr Vot" 0 ? ? ? ? Withdrawn William Ruland Voter 0 ? ? ? ? Supervisors Appt Jill Doherty Voter 0 ? ? ? ? Tax Receivers App[ Christopher Talbot Mover 0 ? ? ? ? Rescinded Louisa P. Evans Seconder 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? D Supt Hgwys Appt ? No Action 2013-482 CATFGORY.• Contracts, Lease & Agreements MPARTMFNT. Land Preservation USDA-NRCS 2013 Cooperative Agmt 81,898,000 Grant RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Supervisor to execute Cooperative Agreement #73-2C31-3-1CLS between the United States of America Commodity Credit Corporation and the Town of Southold for the implementation of the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) 2013 Federal Farm and Ranch Lands Protection Program (FRPP) awarded grant in the amount of $1,898,000 (FY 2013 Funds), subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2013-482 0 Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended ? Defeated James Dinizio Jr Mover 0 ? ? O ? Tabled William Ruland Voter 0 ? ? 0 ? Withdrawn Jill Doherty Seconder 13 ? ? ? ? Supervisors Appt Christopher Talbot Voter 0 ? ? ? ? Tax Receivers Appt Louisa P. Evans Voter 0 ? ? ? Page 17 June 18, 2013 Southold Town Board Board Meetin ? Rescinded Scull Russell Vole[ 0 ? ? ? ? Tout Clcrk:,,Appt ? Supt Hgwys Appt ? No Action 2013-483 CATEGORY: Committee Decisions DEP4RTME N'T. Town Attorney TA Budget Modtfieation Financial Impact: covering expenses associated in connection with an employee being paid for sick time that was not budgeted RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2013 Town Attorney budget as follows: TO: A. 1420.1.100.400 Town Attorney, Full-Time Employees +$3,900.00 Sick Earnings FROM: A. 1420.4.500.100 Town Attorney, Legal Counsel -$3,900.00 ? Vote Record - Resolution RES-2013-483 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Ruland Seconder 0 ? ? ? ? Supervisors Appt Jill Doherty Mover 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Voter 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-484 (ATEGORY. Advertise DEF4RTMENT: Human Resource Center Page 18 June 18, 2013 Southold Town Board Board Meetim_* Adverlise Used Equipurenl - IIRC RESOLVED that the Town Board of the Town of Southold hereby declares the following equipment to be surplus and authorizes and directs the Town clerk's office to advertise for sale of same: ProSeries Stainless Steel BBQ Grill, Minimum bid $50.00 ? Vote Record- Resolution RES-2013-484 0 Adopted ? Adopted as Amended ? Defeated Yes/kve No/Nor Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Ruland Mover 0 ? ? ? ? Supervisors Appl Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Seconder 0 ? ? ? ? Tosm C'lerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-485 CATEGORY. Advertise DEPARTMENT.- Human Resource Center Permission to Advertise for PT Clerk-Typist at ARC RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Southold Town Clerk to advertise for two weeks for the part-time position of Clerk Typist at the Human Resource Center at $13.78 per hour for 17.5 hours weekly. ? Vote Record - Resolution RES-2013-485 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nav Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Roland Voter 0 ? ? ? ? Supervisor's Afar Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Seconder 0 ? ? ? ? Rescinded Louisa P. Evans Mover 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action Page 19 June 18, 2013 Southold Tovan Board Board Mectim-, 2013-486 CATEGORY: Landfill Misc. DEPARTMENT: Solid Waste Management District Commercial MSW Tip Fee WHEREAS the Town recently accepted the bid of Progressive Waste Solutions, Inc. for the removal and disposal of municipal solid waste (MSW) from the Cutchogue Transfer Station at a cost of$84.95/ton starting .1111y 1, 2013, it is hereby RESOLVED that the tip fee at the Transfer Station for the acceptance of MSW designated as high-volume commercial shall be set at $90/ton, effective Jul 1, 2013. Vote Record - Resolution RES-2013-486 El Adopted ? Adopted as Arnend d ? Defeated 1'es/Ave No/Nay Abstain Absent ? Tabled James Dinizio Jr Vole, to ? ? ? ? Withdrawn William Roland Seconder lZ ? ? ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Arta Christopher Talbot Mover 0 ? ? ? ? Rescinded Louisa P. Evans Voter 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-487 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWAID Budget Modifications Financial Impact: To cover unexpected expenses for tractor, landscaping supplies, and tire repair; larger than anticipated order, for garbage bags. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2013 Solid Waste Management District budget as follows: From Part-Time Employees Regular Earnings(SR 8160.1.200.100) 235 Page 20 June 18, 2013 Southold Town Board Board Mcetins Maint/Supply Komatsu Loader (SR 8160.4.100.550) $ 1,025 Repairs CAT Loader (SR 8160.4.400.655) 1,000 Payloader/Truck Tires (SR 8160.4.100.525) 1,525 Maint/ CAT Compactor (SR 8160.4.100.615) 350 Maint/Supplies Fire Truck (SR 8160.4.100.645) 125 $ 4,025 To: Admin. Overtime Earnings (SR 1490.1.100.200) 90 Admin. Vacation Earnings (SR 1490.1.100.300) 145 Supplies/Kenworth Tractor (SR 8160.4.100.581) $ 350 Landscaping Supplies (SR 8160.4.100.900) 125 Tire Repair (SR 8160.4.400.625) 1,525 Garbage Bags (SR 8160.4.100.650) 2,025 $ 4,025 ? Vote Record - Resolution RES-2013-487 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Mover 0 ? ? ? ? Withdrawn William Roland Voter 0 ? ? ? ? Supervisor's Appt Jill Doherty Voter 0 ? ? ? ? Tax Receivers Appt Christopher Talbot Voter 0 ? ? ? ? Rescinded Louisa P. Evans Seconder 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-488 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Christine Droskoski Senior Clerk Typist RESOLVED that the Town Board of the Town of Southold hereby appoints Christine M. Droskoski to the position of full-time Senior Clerk Typist for the Human Resource Center effective June 19, 2013 at a rate of $48,807.48 per year. ? Vote Record - Resolution RES-2013-488 0 Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended James Dinizio Jr Voter 0 ? ? ? ? Defeated William Roland Seconder 0 ? ? ? ? Tabled Jill Doherty Mover 0 ? ? ? ? Withdrawn Christopher Talbot Voter 0 ? ? ? ? Supervisors Appt Louisa P. Evans Voter 0 ? ? ? Page 21 June 18, 2013 Southold Town Board Board Meetinc ? T:u Reccicers Appl Scott Russell Voicr 0 ? ? ? ? Rescinded ? Tosco Clerk's Appt _ ? Supt Hgwys Appt ? No Action 2013-489 CITF.GORY.• Local Law Public Hearing DEP,IRT:TIENT: Town Attorney LL/Amendments to Chapter 205 Special Events WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18'1i day of June, 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 205, Public Entertainment and Special Events" 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 the Southold Town Hall, 53095 Main Road, Southold, New York, on the 16th day of July, 2013 at 4:32 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 Amendments to Chapter 205, Public Entertainment and Special Events" reads as follows: LOCAL LAW NO. 2013 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 205, Public Entertainment and Special Events". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Chapter 205 of the Code of the Town of Southold is hereby amended as follows: §205 1. Certain entertainment reStFieted; permit required. A. TO ublie pe ° fid gE)E)d ')"1°' aRd t° pFevent tumultuous assemblages, the follows " 1 ° ents shall be " ohibited the Town of Southold, unless °""':t (1) Ail eats ae fi.:ties awned, !ease 1 a entralled by the T&Affi, Page 22 June 18, 20 13 Southold Tovcn Board Roard Meeting r J I.. f, ha ta,. Sh add lk att a fls or 1':e• ele. r prohibited in the T,...,„ ef Southold unless a pfffflit ' obtained aepRFdanop, •th the nts set .()Fth below. /l, tdoot events at a winery, F_- PFOf4, at . h:oh the expeeted acre„.la eedS B A ««I' FE)F ..ts '1' owned, 'eased ..tr.Ile.J b the Toww On Of (1) All applieatioHs f r ale events permit shall he "add, to the To.. n Board e h.. To.. « ,.f Co..tl`old at least 60 days pFiOF to the „ sed date of the event ..„A f L.,J w 4h the Town Gl efl. tegetheY with a fee of $100; a eiean „ .Je„..s`t fee of $250; and eei4*fioate of ~ less h $ 1,000,000 «a.„:„,. !he Town 4 co..thold a ^'J'Jkien"1 insured during the time ')f the a e"t (2) ll here the T,... « Ploard .fete..„'.. s that thefe is no e:J's Town be„eS:r f e... the C'-/ . that the e~,ent is e«,J .eted F.....eft a deposit shall be ..ads On aH event .al'ARURt to he .iete.,.:„e,J « f to issuanee of the „ mk based upeH the est,...are.J di a attributable to additienal «,J:..., and highway eavas asseeiated with event. A faer the event, the deposit ..,:II he used to oovef .eh e..et.. (3 Upon filing a «I'eatio« C r a a ale e..t a perty owned, leased 60FAFOlled b the Town, the a „1:....`+t shall s «,J . ritte.. «ot:ee eveFy Pert.. owner a l., tting o adjaeent to the I.lie e'a•, shown on the a „t To..,„ of Sa thold a e"t rO11 and ,J:f..etl.,opposite /1., extension of thL, let I:., es h.-,...al, a street OF r•al.a of way) of the „r,.perty owned, Wased or eantfolled by the Town that is the . ubjeet efthe a««l:eat:e« For a««I:,...a: Ems F r a s„e..:..1 events « "'fa f r a Fade> ,a1Lv Fun, marathon, LL.. ele r e e llar e.,e..ts ..t:ee shall be given to « eft, owners abutting a adjaee„t t.. the lesation " ..f Fth ' « for adjat• „•t to the «4tt.e event and to all « e«t. owners eh•ti I,.,...t•o efthe ter«.:`+••s '+Fthe a e"a ThA Te.... DRAM May FequiFe additional al 'J:..a but not limited to MI'eat:o„ and signage, based upon the ...sta«ees involved each a,„I:eat: Said «ot:ee shaliy:„e L..Je the ,Jane.-* - - and Weatio« of the proposed s ale „t /A\ T.I..t..:thsta«,J:«a the F fegain . the Te " Board shall ha. a the disuot:va to waik,e ««t:eatie« ra get f tl4h ¢ 205 m(l) through /2\ above C. Town Board Fpvipiv pi,itpFin- In detemining whether to issue a speeial events permit on «1:eatie« F r a e«t an er ..t:lizing «f,.«e.-ty awned, leased a ..„tr..lle.J by the To..„ the T.... « Doar,J ,.f the T,... „ of Ce .theld shall a s:'Jer the F Ilo.. The size of the « e relatio.. to the number of people attending the a ent• Page 23 June 18, 2013 Southold Tolvn Roard Board Meetine and Fetilse~ (3) The f f °v°mn v prvpo3chv a C~ ftpprov°c d fvi- Whether the ~ie~aciicT v---v~- the crrc~rc°-}i"rrScs- fli'1 ~ wrr f_n at that the a pits n ntit..te n pffSistefit usage of then ei4y a atiblL ••'th ' ehar..Sto.- Rl- 'A. ?hat of the s nding n /A\ Ganflirts with erA'n.ar. p., hl•e ..Se ,.f the land F ailities inyel• ed• R-F (5) WhetheM the applieant has been n ieted C "fan e to a ply with the teFms of 7 this "I.apto... •thin the past thfee yeaFs; and /G\ Spee•al al. diSeo •ed at TOW R beaehes • lld parks ffem the Fr•'la• bel;Era the ehserp a ,.Fnnom-RF•..1 Day until LabeF Day. the pp'a• im m eee •n•aie• of the o hlin area 4the h..il`lip.a the i•'ef ...prat Obtain. appF6YEt! ffeFn the 0..n4ig Board of Appeals. n ° a plieatiAR shall hen ied by a F e ,.f $50 1., oraRt'..a such .,.pairo al the F (lowing C atorS mugt he cRnsideFe i (1) _ All parl is must be Off Street and tra ffie a,.atrol ust be pro. ided b the iaef: (2 Adequate sanitary Faeilit es Fflust he vide,, (3J)mllfi)ad must be vateerevv aRd ffepaFeed OgSitee. /A\ C. eRts F r 300 OF ....are people ..ea..ir rati Rn Rf a tfaf{:a eentFoi plan. r. All ether publie aetivities -A,hieh are not a pernikted use under the Southold Town Code shall r e the approval efthe Zoning BeaFd of A p.p eals n 6- oeaaltieS F ' oFF Sass An off nse against ?he PFRYiqiSW9 4thls ..h.,pptar shall eORStitHtO 'alat'en of this ehap.ter and shall be punishable by a fine of not more than $2,500. ARTICLE I GENERAL PROVISIONS 4205-1. Purpose It is the intent of this Chapter to establish procedures and requirements for conducting special events in the Town of Southold to preserve the public peace, good order, the integrity of the use regulations established under the Zoning Code, to properly provide for the health, safety and welfare of the general public and to provide penalties for violations of the provisions herein. Page 24 June 18, 2013 Southold Town Board Board Mcctine 4205-2. Definitions. PARKING CAPACITY - for the purposes of this Chapter, parking capacity shall be the number of cars, limousines or buses permitted on the site according a site plan approved by the Town of Southold Planning Board. SPECIAL EVENT-Any temporary gathering, demonstration, performance, exhibition, amusement or activity that is not currently a permitted use of the property in the applicable Zoning District or which requires a parking area to accommodate all vehicles transporting attendees to the event that is larger than the existing parking capacity of the site that is conducted or sponsored by a person, organization, entity or association, including, but not limited to, carnivals, circuses, fairs, bazaars, outdoor shows and concerts, parades, walks, runs, marathons, bicycle races or motorcycle rallies, which may involve one or more of the following: (1) The closing ofa public street. (2) The use, blocking or restriction of Town property, roads or rights of way; (3) The use of amplified sound exceeding the standards set forth in Chapter 180 of the Town Code. (4) The sale of merchandise that is not ordinarily sold in the normal course of the Applicant's business. (5) The sale or service of food to the public with the exception of the following: (i) on land used in agricultural production, the sale or service of food products composed primarily of ingredients produced on site; or (ii) on land used in agricultural production that maintains a winery or farm winery license issued by the New York State Liquor Authority, the sale or service of food items which customarily compliment wine tastings and that are ordinarily consumed while standing or walking and without the need for utensils. (6) The substantial increase or disruption of the normal flow of traffic on any street or highway. (7) The placement of portable toilets. (8) The placement of temporary no-parking or directional signs or banners. (9) The use of any Town services that would not be necessary in the absence of such an event. 4205-3. Permit required. A. To preserve public peace, good order and the health, safety and welfare of the residents of the Town of Southold, special events shall be prohibited in the Town of Southold, unless a special event permit is obtained in accordance with the requirements set forth in this Chapter and as follows: Page 25 June 18,201 3 Southold Toxxn Board Board Mectine (1) All speci tl events on private property and with an expected attendance of less than 1,000 attendees shall obtain the approval of the Chairperson of the Zoning Board of Appeals in accordance with the terms set forth in Article 11 of this Chapter. (2) All special events on private propertv with an expected attendance exceeding 1,000 attendees or special events on Town property shall obtain the approval of the Town Board as set forth in Article III of this Chapter. B. The provisions of this Chapter shall not apples (1) Any event held on property owned by any special district that is contained on site and has adequate parking ingress egress traffic control and sanitary facilities to host such an event; (2) Any event held on property owned by a not-for profit for its own fundraising that is contained on site and has adequate parking, ingress, egress, traffic control and sanitary facilities to host such an event: (3) Occasional events on private residential properties hosted by the owner thereof to celebrate family events holidays, charitable or other not-for-profit fundraisers, however, any use of residential property for profit, such as a venue for weddings or other events is prohibited. ARTICLE II SPECIAL EVENTS REQUIRING CHAIRPERSON OF THE ZONING BOARD OF APPEALS' APPROVAL 5205-4. Application Requirements. The following information and materials are to be submitted with an application for a special event permit. The Zoning Board of Appeals office may accept a single application for a recurring event or a series of similar events (not to exceed 6 in a 3-month period) that are of like size and scope. A A completed Special Event Application Form which includes the following information: (1) Name address and telephone number(s) of the person(s) who will be or ag nizing the event and who can be contacted prior to and during the event by Town officials. (2) The address of the event location. (3) Proposed dates and hours of the special event, including set-up and shutdown times. Page 26 June 18, 2013 Southold Town Board Board Mcetin( (4) Expected maximum number ol'persons intended to use the property at one time and collectively, including organizers, employees, vendors. exhibitors and spectators/participants. (5) Expected number of automobiles and other vehicles intended to use the property at one time and collectively. (6) The name, address and telephone number ofthe person(s) who will be engaged in the preparation and/or sale of food, alcohol, beer and a copy of the State Liquor Authority License and County Department of Health Services Permit number for the activity. (7) Name, address and cellular telephone number of any security company which will work on the premises, and a description of the duties to be performed. (8) The dimensions of any tents to be utilized for the event. All tents erected in connection with an event will require an application to, and the approval of, the Building Department. (9) Certification that the property where the event is to take place is not subiectto any covenant or restriction limiting its use, or if the use is restricted by easement or otherwise, a copy of a survey or diagram depicting the easement area and any reserved area where development rights are intact. (10) The applicant must provide a certificate of general liabilitv insurance naming the Town of Southold as an additional insured with limits of $1 million dollars per occurrence or such other limit as may be required by the Town Board for events where expected attendance exceeds 500 attendees. B. An application fee in the following amounts for each event: (1) $150.00 for events where the expected attendance is less than 500 attendees. (2) $250.00 for events where the expected attendance is 500 to 1,000 attendees. (3) Applications that are submitted less than sixty (60) days prior to the proposed event may be rejected or subject to a late processing fee of $250.00. C. A general description of the proposed event including: (1) The purpose of the event and description of the nature of the activities to be carried on and the admission fee to be charged, if any. (2) Names of groups, organizations, charities or individuals who shall benefit from the proceeds of the event. D. A parking/event plan showing: (1) The size of the property and its location in relation to abutting streets or highways. (2) The size and location of any existing building(s) or structure(s) that will be in operation during the course of the event and any proposed building, structure or signs to be erected temporarily for the event. (3) The location of the stage or tents, if any. Page 27 June 18, 20 13 Southold ToN\ n Board Board Meeting (4) hhc designated areas of use for spectators, exhihitors. vendors. cmplovecs and organizers. (5) Location of all ex-its. (6) The location of all fire extinguishers and other fire safety equipment. (7) The location of all temporary utilities to be installed for the event, if any. (8) The layout of any parking area for automobiles and other vehicles and the means of ingress and egress for such parking, areas. The parking, spaces must allow for 300 sq. ft. per car. (9) A traffic control plan for vehicles entering and leaving the site for the proposed event. (10) Plan for the use of live outdoor music, loudspeakers and other sounds which will be used, if any, and the type and location of speakers and other audio equipment. 11) A description of emergency access and facilities related to the event. (12) Provisions to dispose of any garbage, trash, rubbish or other refuse. (I3) . Location and description of any additional lighting to be utilized in conjunction with the event. (14) Location of sanitary facilities on site. E. A description of any signage to be displayed adjacent to a Town, County or State road, including size, location and dates of display. F. The Chairperson may require the applicant to send and provide certification that written notice was sent to every property owner abutting or adjacent to the property where the event is to be held, as shown on the current Town of Southold assessment roll, and directly opposite (by extension of the lot lines through a street or right-of-way) of the property that is the subject of the application. Said notice shall include the date, time and location of the proposed special event. G. Notwithstanding the foregoing, the Chairperson of the Zoning Board of Appeals, upon request by an Applicant, may waive in whole or in part any of the foregoing application requirements upon a finding that said requirements are not necessary for proper consideration of a permit application in accordance with the standards set forth in Section 205-5(E)(1)-(l5) or for the protection of health, safety and welfare. The Chairperson's determination of any waiver request shall be in writing to the Applicant and shall specify the reason for the grant or denial. If a waiver is granted, the Chairperson may attach appropriate conditions to protect the public interest. 4205-5. Application review procedure and standards. A. All applications for a special event permit must be submitted at least sixty (60) days prior to a proposed event to the Zoning Board of Appeals office. Any applications that are incomplete may not be accepted or processed. Page 28 June 18, 2013 Southold Town Board Board Meetine B. When the Chairperson ofthe Zoning Board ol'Appeals determines said application is complete, the Chairperson shall distribute said application and documentation to any Town, County or State agencies that may have jurisdiction over the event for their review and comment on any of the criteria set forth in &205-5(E) of this Article. Such referrals may include the Police Department, the Planning Department, the Building Department, the Land Preservation Department, the Code Enforcement Department, Fire Safety Inspector, Assessors and Town Attorney. C. Upon receipt of comments, the Chairperson of the Zoning Board of Appeals shall determine whether to require revisions to the proposed event application. D. If no revisions are required or, upon the submission of a revised application, the Chairperson of the Zoning Board of Appeals may deny or prove the application with conditions within 30 days of receipt of the complete application. E. In determining whether to grant a special event permit, the Chairperson of the Zoning Board of Appeals shall consider the following: (1) The size and capacity of the site to accommodate the proposed event. (2) The facilities available. (3) The availability of highway and other means of transportation to and from the site. (4) Impact of the event on the safe and orderly movement of traffic within and contiguous to the event. (5) Need for the Town to police such event, and whether the number of police officers assigned to properly police such event will prevent the Town from providing adequate police protection to the remainder of the Town. (6) Impact of the event on fire and police protection and ambulance service to the areas contiguous to the event and to the Town in general. (7) Impact of the event on the movement of fire-fighting equipment or ambulance service to the Town or to areas contiguous to the event. (8) Impacts on adjacent property owners and the surrounding neighborhood. (9) Whether the owner, applicant or event sponsor has violated a previously issued special event permit. (10) Verification that there are no outstanding violations on the property at which the event will be held or any outstanding or unsatisfied conditions of a Town agency approval, including, but not limited to, those of the Planning Board or the Zoning Board of Appeals. (11) Verification that the grant of the permit will not violate any existing covenants or easements on the property. (12) Whether a permit has been granted for a prior event that was the same or substantially similar in size and scope to the event applied for and/or resulted in the impacts defined in subparagraphs (4), (5), (6),(7) and (8) above. Page 29 June 18, 201 3) Southold Town Board Board Meetine (13) Whether the frequency of prior or proposed special events on the site constitutes a change or intensification ofthe permitted use of tile propertv necessitating a use variance or further site plan review. (14) If an applicant is requesting a special event permit that was held the previous year, the verification must be submitted from those charities listed on the previous application. (15) Any other matters that relate to the health, safety and welfare of the eg neral public. F. A deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police and highway associated with the event. After the event, the deposit will be used to cover such costs and any monies remaining will be returned to the applicant. G. A special event permit is not transferrable and shall expire at the close of the event(s) for which it is issued. H. The special event permit issued hereunder shall be displayed on the premises during the special event and shall be available for inspection by a police officer or other enforcement officer of the Town upon request. 1. Applications for tent permits required for any event must be submitted directly to the Building Department. 205-6. Appeal from denial of a special event permit. An applicant who is denied a permit by the Chairperson of the Zoning Board of Appeals may apply to the Town Board for reconsideration of the application by filing an appeal with the Town Clerk within 10 days of the date of the denial. A complete copy of the application submitted to the Office of the Zoning Board of Appeals shall accompany the request for reconsideration. The Town Board may, following a public hearing, affirm or reverse the determination of the Chairperson subject to any conditions deemed appropriate under the circumstances. ARTICLE III SPECIAL EVENTS REQUIRING TOWN BOARD APPROVAL 205-7. Events held on Town lands or events exceeding 1,000 attendees. Page 30 June 18, 2013 Southold Town Board Roard Meetine A Any event held on property owned. leased or controlled by the 'I own or any event where the expected attendance exceeds 1,000 people shall be subject to approval by resolution of a majority of the Town Board following the submission of an application to the Town Clerk sixty (60) davs prior to the proposed event. In reviewing applications for such events the Town Board may consider the following additional criteria in addition to the criteria set forth in Section 205-5(E) above: (1) The size of the premises in relation to the number of people attending the event. (2) The sufficiency of arrangements made to control traffic, parking, noise, lighting and refuse. (3) The frequency of events proposed or approved for the premises and whether the frequency is so great that the events constitute a persistent usage of the property incompatible with its character or with that of the surrounding area. (4) Conflicts with ordinary public use of the land, roads or facilities involved. (5) Whether the applicant has been convicted for failure to comply with the terms of this Chapter within the past three years. (6) Adherence to the Town Board policy of discouraging events at Town beaches and parks from the Friday before the observance of Memorial Day Until Labor Day. (7) If two or more events with an expected attendance of more than 1,000 people are scheduled for the same date and are within a half mile radius of each other, the Town Board will determine if there are adequate resources for the events. If there are not sufficient resources to ensure public health and safety, the Town Board shall deny one or more permits if the impacts of the events cannot be mitigated. When deciding which event to deny, the Town Board shall consider the following: (i) Whether the event is recurring. (ii) Whether the site has been subject to a violation within the last three years. (iii) The date the permit application was submitted. (iv) If events occurred the prior calendar year, the Chairperson of the Zoning Board of Appeals shall consider what their impact was on that area of the Town. (v) Whether the event will yield a donation to one or more local charities. B. For any special event that is to be held on land owned, leased or controlled by the Town of Southold the application shall include the following: (1) A completed Special Event Application Form which contains the following information: (i) Name, mailing address, e-mail address and telephone number(s) of the person(s) who will be organizing the event and who can be contacted prior to and during the event by Town officials. (ii) The proposed event location and type of event. (iii) Proposed dates and hours of the special event, including set-up and shutdown times. Page 31 June 18, 20 13 Southold ToNvn Board Board Meeting (iv) Expected maximum number of persons intended to use the property at one time and collectively, including organizers, employees, vendors, exhibitors and spectators/part icipants. (v) If there are any special requirements needed for the event including, but not limited to, police presence or road closures. (2) Application fee in the sum of $250 for events where the expected attendance does not exceed 1,000 attendees. (3) A certificate of insurance not less than $2,000,000 naming the Town of Southold as an additional insured. (4) A minimum clean up deposit of $250. (5) Where the Town determines that there is no specific Town benefit from the event or that the event is conducted for profit, an additional deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police, highway and clean up costs associated with the event. After the event, the deposit will be used to cover such costs and any monies remaining will be returned to the applicant. (6) Any additional information required by the Town Clerk. C. For any special event where the expected attendance exceeds 1,000 attendees, the application shall include all information required under 5205-4 (A), (C), (D) and (E), as well as the following: (1) An application fee of $350.00. (2) A certificate of insurance not less than $2,000,000 naming the Town of Southold as an additional insured. (3) The Town Board may require the applicant to send and provide certification that written notice was sent to every property owner abutting or adjacent to the property where the event is to be held, as shown on the current Town of Southold assessment roll, and directly opposite (by extension of the lot lines through a street or right-of- way) of the property that is the subject of the application. Said notice shall include the date, time and location of the proposed special event. D. Notwithstanding the foregoing, the Town Board, upon request by an Applicant, may waive in whole or in part any of the foregoing application requirements upon a finding that said requirements are not necessary for proper consideration of a permit application or for the protection of health safety and welfare. The Town Board resolution shall specify the reason for the grant or denial. If a waiver is granted, the Town Board may attach appropriate conditions to protect the public interests. ARTICLE IV ENFORCEMENT $205-8. Modification or rescission of permit. Page 32 June 18, 2013 Southold Town Roard Board Meeting If, after a permit is issued. the Chairperson ofthe %oning Board of Appeals orTown Board determine that any of the rcprescntations and/or statements contained in the application are materially inaccurate or any of the conditions of the permit have not been complied with, the Town may serve the pernlittee's agent, a notice of rescission of special permit specifying the manner in which the permittee has not complied with the terms of its permit and/or identifying the incorrect information supplied in the application. The Zoning Board of Appeals Chairperson or the Town Board may, for good cause, modify or rescind such permit, absolutely or upon conditions. &205-9. Penalties for offenses. A. It shall be unlawful for any owner, occupant or their agents or any other person to fail to comply with any provisions of this Chapter or to fail in any manner to comply with a written notice, directive or order of the Director of Code Enforcement, Zoning Inspector or the Southold Police Department, or to conduct any special event in a manner not in compliance with a permit issued pursuant to this Chapter and with the provisions of this Code. B. For each offense against any of the provisions of this Chapter or failure to comply with a written notice, directive or order of any Director of Code Enforcement, Zoning Inspector or the Southold Police Department within the time fixed for compliance therewith, the owner, occupant or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order of the Director of Code Enforcement, Zoning Inspector or the Southold Police Department shall be subject to the following: (1) Failure to obtain a permit. Any person conducting a special event that is regulated under this Chapter without first obtaining a permit according to the procedures outlined herein shall be subject to a fine not less than $500.00 and not more than $1,500.00. (2) Failure to comply with the terms of a permit. Any person failing to comply with the terms of a permit shall be subject to a fine of not less than $500.00 and not more than $1,500.00. (3) For each subsequent offense of &205-9(13)(1) or (2), violators shall be guilty of a misdemeanor punishable by a fine of not less than $500.00 nor more than $5,000.00. C. No new special event permits will be issued to any property owner, occupant or their anent if they are a named defendant in an outstanding or unresolved violation of this Chapter. D. The Town may also maintain an action or proceeding in a Court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this Chapter. Page 33 June 18, 2013 Southold Tovs'n Board Board Mectin<_, IL 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. III. EFFECTIVE DATE 'phis Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2013-489 0 Adopted ? Adopted as Amended ? Defeated Ves/Aye No/Nay Abstain Absent ?'fabled James Dinizio Jr Voter El ? ? ? ? Withdrawn William Roland Mover 0 ? ? ? ? Supervisor's Apia Jfll Doherty Voter R1 ? ? ? ? Tax Receiver's Appt Christopher Talbot Seconder 21 ? ? ? ? Rescinded Louisa R. Evans Voter 0 ? ? ? ? Town Clerk's Aria Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-491 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney 7130113 @ 7:32 PMLL/Dogs on Beaches WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18a day of June, 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 83, Animals, and Chapter 193, Parks and Recreation Areas, in connection with Control of Does or Domestic Animals throuehout the Town" 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 3011i day of July, 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 Amendments to Chapter 83, Animals, and Chapter 193, Parks and Recreation Areas, in connection with Control of Does or Domestic Animals throughout the Town" reads as follows: Page 34 June 18.2013 Southold To\yn Board Board Meetim, LOCAL LAW NO. 2013 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 83, Animals, and Chapter 193, Parks and Recreation Areas, in connection with Control of Dogs or Domestic Animals throughout the Town". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. The purpose of these Amendments is to protect the health, safety and wellbeing of Town residents and guests using Tawt3 recreational areas by enacting regulations pertaining to control of dogs and other domestic animals throughout the Town and on Town-owned recreational areas, beaches, children's play areas, picnic areas, athletic fields and trails. It. Chapter 83 of the Code of the Town of Southold is hereby amended as follows: §83-6. Prohibited activities. It shall be unlawful for any person owning, harboring, in possession of or in control of any dog(s) or domestic animal(s) in the Town of Southold to permit or allow such dogW or domestic animal(s) to run at large: A. Run at large elsewhere Other than upon the premises of the owner or custodian ..C ...lens said deg shall he on a leash e :ea b a persen at least 12 .'Off age, , or ^x„ less it he upon the premises of another person with the knowledge and consent of such person. For the purpose e€ this m4iele a deg er degs hunting in eempany with a hung.r of hunte Fs shall he B. Other than upon recreational areas subiect to the provisions of & 193-3.1. B.C. Engage in habitual howling or barking or conduct itself in such a manner as to habitually annoy any person other than the owner or person harboring such dog. E.D. Cause damage or destruction to property other than the property of the owner or person harboring such dog. B.E. Chase or otherwise harass any person in such manner as reasonably to cause intimidation or to put such person in reasonable apprehension of bodily harm or Page 35 June 18, 2013 Southold ToNv n Board Board Meeting injury. III. Chapter 193 of the Code of the Town of Southold is hereby amended as follows: 4193-3.1. Regulations concerning does or domestic animals. A. Dog(s) or other domestic animal(s) are permitted on the following Town-owned recreation areas and subject to the following conditions: 1. Parks, picnic areas, children's play areas, trails and/or athletic fields, if the dog or domestic animal is restrained on a leash not more than four feet in length at all times. 2. Beaches, if the dog or domestic animal is restrained on a leash from May l through October 1 between the hours of 9:00 a.m. and 6:00 p.m. 3. Town designated dog runs with no leash required. B. Dog(s) or other domestic animal(s) are not permitted on the following Town- owned recreation areas: I. Parks, picnic areas, children's play areas and/or athletic fields and trails that are posted with signage indicating "Dog(s) or Domestic Animal(s) Prohibited"; 2. Designated bathing beaches during such times that a lifeguard is on duty. Designated bathing beaches include Goose Creek Beach, Kenny's Beach, Norman E. Klipp Marine Park Beach, McCabe's Beach, New Suffolk Beach, Southold Town Beach and any other bathing beach designated by the Town Board in a duly adopted resolution; 3. Land that is within 50 feet of any recreation area that is posted for protection of piping plovers and other endangered species. C. Unless otherwise stated herein, where dog(s) or domestic animal(s) are permitted on Town-owned recreation areas, the dog(s) or domestic animal(s) shall be under immediate supervision and control of the owner or custodian with the ability to immediately leash the dog(s) or domestic animal(s). D. The leashing requirements of this Section shall not apply to a dog or dogs hunting in the company of a hunter or hunters on recreational areas where hunting is permissible or to bonafide service does. E. All dogs permitted on Town-owned recreation areas shall have a collar that adequately displays a valid dog license. F. All doe(s) or domestic animal(s) waste shall be removed in accordance with W- Page 36 June 18, 2013 Southold Totcn Board Board Meeting 18(B). §193-9. Behavior and conduct. No person shall: A. Be present in any recreational area while under the influence of intoxicating liquor. tl B. Wing " doge other amest:e. Animal to . e t:e l , .tarer autemehile ....JWng eaReours aRd walks immediate) e'l:eeeRt thereto Neth4g hefein shall he eenstFued as permittiflg the FuHning of dogs at lapge. All dogs an these ...-e.'.. where suel...niFn..1s are perFnitted shall be rest.ained at all tkHeS e.. adequate leashes 148t ffeatff tkafi fOUF feet in lengtk. C.B Build or attempt to build a fire except in such areas and under such regulations as may be designated by the Superintendent. D.C Fail to produce and exhibit any permit from the Superintendent which he claims to have upon request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any law or rule. E.D Disturb or interfere unreasonably with any person or party occupying any area or participating in an activity under the authority of a permit. E.E Erect any structure, stand or platform or hold any meetings, perform any ceremony, make a speech or address, exhibit any performance or form any parade or procession in any recreational area without first obtaining authorization. IV. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, thejudgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2013-491 0 Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended ? Defeated James Dinizio Jr Voter 0 ? ? ? ? Tabled William Roland Voter 0 0 ? ? ? Withdrawn Jill Doherty Seconder 0 ? ? ? ? supervisors Appt Christopher Talbot Mover 0 ? ? ? Page 37 June 18, 2013 Southold Totsn Board Board Mcctine ? l as Receirer'S Appl Irnnsa P. I , an, Voter 0 ? ? ? ? Rescinded SCOU Russell Voter 0 ? ? ? ? Town Clerk's Appt ? Supt Hgwys Appt ? No Action 2013-490 CATEGORY.• Legislation DEPARTMENT: Town Attorney LL/Amends to Chapter 205 Special F,vents toSCPC & PB RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 205, Public Entertainment and Special Events" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. ? Vote Record - Resolution RES-2013-490 0 Adopted ? Adopted as Amended ? Defeated Ves/.Aye No/Noy Abstain Absent ? Tabled James Dmizio Jr Voter 0 ? ? ? ? Withdrawn William Roland Voter 0 ? ? ? ? Supervisors Appt Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appt Christopher Talbot Seconder 0 ? ? ? ? Rescinded Louisa P. Evans Mover 0 ? ? ? ? Town Clerk's Appi Scott Russell Voter 0 ? ? ? ? Supt Hgsvys Appt ? No Action 2013-492 CATEGORY. Legislation DEPARTMENT.• Town Clerk LL/Amends. to Chapter 193/Dogs on Beaches to SCPC & PB RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 193, Parks and Recreation Areas, in connection with Dogs or Domestic Animals on Town Recreational Areas" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. Page 38 June 18, 2013 Southold Trncn Board Board Mcctim, ? Note Record - Resolution RES-2013-492 0 Adopted ? Adopted as Amended ? Defeated Yes/.Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Mover 0 ? ? ? ? Walichuwn William Roland Voter 0 ? ? ? ? Supernsor's Arta Jill Doherty Voter 0 ? ? ? ? Tax Receiver's Appi Christopher Talbot Voter 0 ? ? 0 ? Rescinded Louisa P. Grans Seconder 0 ? ? ? ? 1 osvn Clerk's Appt Scott Russell Voter 0 ? ? ? ? Sept Hgwys Appt ? No Action 2013-493 CATEGORY. Contracts, Lease & Agreements DEPARTMENT Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute a Consulting Services Agreement Between the Town of Southold and Bright Power, Inc., in Connection with the Installation of a Solar Photovoltaic (PV) System at the Town's Landfill and Collection Center RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Consulting Services Agreement between the Town of Southold and Bright Power, Inc., in connection with the installation of a Solar Photovoltaic (PV) System at the Town's Landfill and Collection Center, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2013-493 0 Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Withdrawn William Roland Seconder 0 ? ? ? ? Supervisa's Appt Jill Doherty Mover 0 ? ? ? ? Tax Receivers Appt Christopher Talbot Voter El ? ? ? ? Rescinded Louisa P. Evans Voter 0 ? ? ? ? Town Clerk's Appt Scott Russell Voter 0 ? ? ? ? Supt Hgwys Appt ? No Action 2013-494 CATEGORY.• Employment - Town Page 39 June 18, 2013 Southold To\sn Board Board Mectinu, /)EPARIIIFV'T: Accounting Hire Seasonal Summer Staff Recrealion Department RESOLVED that the Town Board of the Town of Southold hereby appoints the following 2013 seasonal summer staff for the period June 22 - September 2 as follows: RECREATION SPECIALISTS (WATER SAFETY INSTRUCTORS) I . Catherine Romano ( I st year $16.57 V Vote Record- Resolution RES-2013-494 - * Adopted ? Adopted as Amended ? Defeated Yes/Aye No/Nay Abstain Absent ? Tabled James Dinizio Jr Voter 0 ? ? ? ? Wilhdra\vn William Roland Mover [a ? ? ? ? Supervisor's Appt Jill Doherty Seconder 0. ? ? ? ? Tax Receivers Appt Christopher Talbot Voter D ? ? ? ? Rescinded Louisa P. Evans Voter to ? ? ? ? Toan Clerk's Apps Scott Russell Voter M ? ? ? ? Supt Hgwys Apia ? No Action 2013-495 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL for Plum Island Zoning WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 26th day of March, 2013 a Local Law entitled "A Local Law in relation to the Marine (II) District and Plum Island Zoning" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled "A Local Law in relation to the Marine (ID 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 11 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 Page 40 June 18, 20 13 Southold To\vn Board Board Meelim, 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: I. 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. 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.southoldtownnv.goV <http://www.southoldtowiiny. v> ? Vote Record - Resolution RES-2013-495 ? Adopted Yes/Aye No/Nay Abstain Absent ? Adopted as Amended Page 41 June 18, 2013 Southold TmNn Board Board MecliriL ? Deleaied lames Dminoh' Voicr 0 ? ? ? ? "Iabled U dhem Ruland Sccondcr 21 ? ? ? 23 Withdrawn Jill Doherty Voter la ? ? ? ? Supervisor's App( Christopher'ralbot Voter Rl ? ? ? ? Tax Receiver's Appt Louisa P. Evans Mover 10 ? ? ? ? Rescinded Scott Russell Voter 0 ? ? ? ? 'I own Clerk's Appt ? Supl Hgwys Appt ? No Action VI. Public Hearings 1. Pb 5/7/13 @ 7:32 LL Marine II District & 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, Roland, 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 (11) District and Plum Island Zoning History: 05/07/13 Town Board ADJOURNED Next: 06/18/13 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, 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 11 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 11 District, which include: 1. a ferry terminal must have at least 10 acres dedicated to each ferry service; Page 42 June 18, 20 13 Southold Town Board Board Mcetine 2. a ferry terminal shall have a staging area Im vehicles that enter an auto/vehicle Icny: 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: I. 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: I. 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. 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> 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 Page 43 June 18, 2013 Southold Town Board Board Meeting would also like to note that the Down 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 I, 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 mejust 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 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, 1 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, 1 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 Page 44 June 18, 2013 Southold Town Board Board Mcctine that. That would be titled. wind. solar and some of those technologics 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 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. 1 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 1 previously was the president of the Board but I am merely a member of the Board now. 1 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. 1 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. Page 45 June IS, 2013 Southold Town Board Board blecline 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 Towns 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 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 1 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. 1 would like to hear what GSA has to say, I mean, you can't sell what you don't own. 1 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 1 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 1 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 Page 46 June 18, 2013 Southold Toxvn Board Board Nlectina and scenic values of the 843 acre federally owned Plum Island. Novv. maybe it is not federally owned but for the purpose of this letter, I said federally owned. 'lo 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 II district are appropriate and important steps to address land use 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 ofa 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 Page 47 June 18, 20 13 Sonthokl Town Board Board Meetine covera.ge in the PIC district. If employed to the maximum extent, these schedules provide for 50% of the 175 acre P I R district to be covered" ith photovoltaic panels, affecting 87.5 acres and 20%ofthe 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%ofthe 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 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. 1 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 Page 48 June 18, 20 13 Southold Town Board Board Meetinu 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 in in imum lot size. SUPERVISOR RUSSELL: Thank you. BOB HAMLIN: Good evening, 1 am Bob Hamlin, 1 am a resident of Orient and 1 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 1 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 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 propose, 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 Page 49 June 18, 20 13 Southold Towp Roard Board Mccflml owner would have to go through that whole process- it is not as simple asjust 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. 1 have worked for federal, state and county agencies as well as in leadership and consulting positions for non-profit 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 1 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 tern. 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. 1 have two main comments on the proposed code. 1 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 I 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, 1 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 Page 50 June 18, 2013 Southold Town Board Board Meetim, subject of site plan approval by the Planning Board. As of today. I don t helieve 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 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 1 /5 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. Page 51 June 18, 201 3) Southold Town Ronrd Board Mectine 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. 1 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 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 1 heard Randy Parsons speak last week and John Bredemeyer. I got to listen to their comments last week and think about them but 1 think the way it is proposed now, in my opinion, the way the Planning Department and the way the Town Board worked this out, 1 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 notjust 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, 1 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. Ijust want to say, AI 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 Page 52 June 18, 2013 Southold Town Board Board N4eetim, 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 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 1 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 Page 53 June 18, 2013 Southold Town Board Board Mectine private hands. For instance. solar. photovoltaic arrays are considered accessory structures. accessory to the principal use. I he 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 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 isjust 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. 1 am here this evening representing the Nature Conservancy in Connecticut, sister chapter to our Long Island chapter that my colleague Randy Parsonsjust 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 Page 54 June 18, 2013 Southold ToNvn Rom (I Roard Mcctin(, the natural heritage program, New Yorl: natural heritage program. Use of solar panels in the conservation district should be prohibited with the exception of on the roof of buildings 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 1 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 vou. 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. 1 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. 1 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 1 think it is important to be protective but 1 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 would just like to mention the book `Bringing nature home' and Page 55 June 18, 20 13 Southold Town Board Board MectinL 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, 4369. 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 Bergen. 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, 1 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. 1 am reallyjust, I am from 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. 1 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? Page 56 June 18, 20 13 Southold Mown Roard Board Mectinn RORIR'f DUNN: Robot Dunn. Peconic. I am just curious about- aS4mlling 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. 1 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, 1 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. MR. DUNN: 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.... Page 57 June 18, 2013 Southold To%vn Roard Board Meetine SUPERVISOR RUSSELL: For the 175 awes that we are creatino for the research and development district. MR. DUNN: But that potentially couldbe 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. 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. 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 AI'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 took 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 outstandingjob 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. Page 58 June 18, 2013 Southold Town Board Board Mectin2 SUPERVISOR RUSSELL: Thank you Don. Who else would lilac to address the Town Board on this local law? Anybody? MR. SCHWARTZ: Excuse me, if I mayjust add one quick point. On the agenda today, there was something about a conference, living shoreline conference which 1 think is apropos to this whole discussion. And 1 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..... 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. TO BE WITHDRAWN RESULT: WITHDRAWN Closing Comments VII. Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 4:30P.M. « s Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell Page 59