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Home My WebLink AboutAG-05/06/2014 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER FINAL AGENDA SOUTHOLD TOWN BOARD May 6, 2014 7:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Agenda is generally available the Friday before the meeting. The video of the meeting is usually available 1-2 hours after the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed in one of two ways: (1) The town of Southold website: www.southoldtownny.gov Click on “Town Board On- Line”; Click Box “Yes” to be redirected to IQM2 and you will then be redirected to the Town Clerk online site. (2) www.townclerk.com Enter zip code 11971 in box on lower right hand side and “enter”. On the left hand side of screen a dark blue box will pop up, you will see "Town of Southold, Long Island, NY", click on this and another box will pop up that will tell you that you are being directed to another site click on “Yes” to go into the Town Clerk site. Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the meeting by clicking on the camera symbol. All of this information is available 24/7. If you would like help navigating the site, please feel free to call my office 631-765-1800. CALL TO ORDER 7:30 PM Meeting called to order on May 6, 2014 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee NamePresentAbsentLateArrived Councilman Robert Ghosio  Councilman James Dinizio Jr  Councilman William P. Ruland  Councilwoman Jill Doherty  Southold Town Meeting Agenda - May 6, 2014 Page 2 Justice Louisa P. Evans  Supervisor Scott A. Russell  I. REPORTS 1. Accounting & Financing Budget Month ended December 31, 2013 Month ended March 31, 2014 2. North Fork Animal Welfare League December 31, 2014 March 31, 2014 & 2013 3. Land Tracking 1st quarter 2014 4. Dept of Public Works Monthly Report March 2014 5. Justice Rudolph H. Bruer April 2014 6. Zoning Board of Appeals April 2014 7. Special Projects Coordinator April 2014 II. PUBLIC NOTICES 1. Army Corps of Engineers Application by Mildred David, 3825 Stillwater Ave., Cutchogue; Eugene Creek off Little Peconic Bay, to ins tall a timber pier, with ramp, floating dock and associated pilings. Length approx. 80 feet extending into waterway from MHW III. COMMUNICATIONS IV. DISCUSSION 1. LL/LI & LIO Commercial Solar Energy Production Systems (PH) 2. LL/Amendments to Chapter 237 in Connection with Encumbrances to Public Roads (Code Committee) Southold Town Meeting Agenda - May 6, 2014 Page 3 3. LL/Amendments to Accessory Apartment Standards (Code Committee) 4. 2 - Trailer Applications New: 1165 Kimberly Lane, Southold, SCTM 1000-70-13-20.7 Refund: Bittner request 5. 9:30 Am - Heather Lanza Comprehensive Plan - Land Use Update 6. 9:45 Am - Michael Collins, Jamie Richter Town Infrastructure on Fishers Island 7. 10:00 Am - Michael Collins, Jamie Richter Fishers Island Sewer District 8. 10:15 Am - Jeff Standish Norman Klipp Bulkhead 9. Honor Flight Long Island for WWII Veterans 10. CAST Mighty North Fork Triathlon 11. EXECUTVIE SESSION - 11:00 Am Melissa Spiro, Proposed Property Acquisition Publicity of which would substantially affect the value thereof 12. EXECUTIVE SESSION - Labor - Matters Involving Employment of Particular Person/S 11:15 am - John Bredemeyer, Trustees office 11:30 am - Elizabeth Neville, Town Clerk's office Update on CSEA negotiations 13. EXECUTIVE SESSION - Litigation Richard and Lorraine Burden v. ZBA MINUTES APPROVAL RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, February 11, 2014 RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, March 25, 2014 RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, April 08, 2014 Southold Town Meeting Agenda - May 6, 2014 Page 4 RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, April 22, 2014 V. RESOLUTIONS 2014-380 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby May 6, 2014. Vote Record - Resolution RES-2014-380  Adopted Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn  James Dinizio Jr Supervisor's Appt  William P. Ruland  Tax Receiver's Appt Jill Doherty  Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt  Scott A. Russell  No Action  Lost  2014-381 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Regular Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, May 20, 2014 at the Southold Town Hall, Southold, New York at 4:30 P.M.. Vote Record - Resolution RES-2014-381  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended Defeated Robert Ghosio  Tabled  James Dinizio Jr  Withdrawn  William P. Ruland Supervisor's Appt  Jill Doherty Tax Receiver's Appt  Rescinded  Louisa P. Evans  Town Clerk's Appt  Southold Town Meeting Agenda - May 6, 2014 Page 5 Supt Hgwys Appt  Scott A. Russell  No Action  Lost 2014-350 Tabled 4/22/2014 4:30 PM CATEGORY: Employment - Town DEPARTMENT: Accounting Permanent Planner Brian A. Cummings WHEREAS Brian A. Cummings was appointed to the position of Planner Trainee from the Suffolk County Department of Civil Service List of Eligible’s effective May 22, 2012, and WHEREAS upon completion of two (2) years of continuous service as a permanent Planner Trainee the incumbent in this class achieves permanent competitive status as a Planner without further examination, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Brian A. Cummings to the permanent position of Planner effective May 22, 2014 at a rate of $54,665.77 per year. Vote Record - Resolution RES-2014-350  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn James Dinizio Jr  Supervisor's Appt William P. Ruland Tax Receiver's Appt  Jill Doherty  Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost 2014-382 CATEGORY: Surplus Equipment DEPARTMENT: Accounting Declare 1998 Chevrolet Cavalier Surplus Equipment Financial Impact: Southold Town Meeting Agenda - May 6, 2014 Page 6 This vehicle is presently assigned to the Central Garage but used by Code Enforcement Officer RESOLVED that the Town Board of the Town of Southold hereby declares the following equipment to be surplus equipment: Asset No. 2330, 1998 Chevrolet Cavalier, VIN #1G1JC5240W249223, Tag B4 located at Police Headquarters RESOLVED Be it further that the Town Board authorizes and directs the Town Clerk to advertise for the sale of same for a price not less than $500.00. Vote Record - Resolution RES-2014-382  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn  James Dinizio Jr  Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty  Rescinded Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2014-383 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Engineering Execute Undertaking Agreement with NYSDOT in Connection with the Handicapped Parking Space to be Designated at 53895 Main Road RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Undertaking Agreement with the New York State Department of Transportation in connection with the designation of a handicapped parking space at 53895 Main Road in Southold, all in accordance with the approval of the Town Attorney. Vote Record - Resolution RES-2014-383  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  Defeated Robert Ghosio  Tabled  James Dinizio Jr Withdrawn  William P. Ruland  Supervisor's Appt Jill Doherty  Tax Receiver's Appt Rescinded Louisa P. Evans Town Clerk's Appt  Southold Town Meeting Agenda - May 6, 2014 Page 7 Supt Hgwys Appt  Scott A. Russell  No Action  Lost 2014-384 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint Peg Dickerson to LPC RESOLVED the Town Board of the Town of Southold hereby appoints Peg Dickerson to the Land Preservation Committee to fill the vacancy, effective immediately through March 31, 2016. Vote Record - Resolution RES-2014-384  Adopted Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn  James Dinizio Jr Supervisor's Appt  William P. Ruland  Tax Receiver's Appt Jill Doherty  Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt  Scott A. Russell  No Action  Lost  2014-385 CATEGORY: Budget Modification DEPARTMENT: Accounting General Fund Whole Town Budget Modification Financial Impact: Provide appropriation for payment of vacation time and increase appropriation for OPEB 2013 valuation RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2014 budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $2,650 Southold Town Meeting Agenda - May 6, 2014 Page 8 To: A.1310.1.100.300 Accounting & Finance, Vacation Earnings $2,150 A.1310.4.500.200 Accounting & Finance, Actuarial Services 500 Total $2,650 Vote Record - Resolution RES-2014-385  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr  Supervisor's Appt  William P. Ruland  Tax Receiver's Appt  Jill Doherty Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost 2014-386 CATEGORY: Consulting DEPARTMENT: Accounting Engage Actuary for GASB 45 Valuations Financial Impact: Engage actuary to provide GASB 45 valuation for 2013 and 2014 financial statement purposes RESOLVED engages Chernoff, that the Town Board of the Town of Southold hereby Diamond & Co., LLC to provide actuarial valuation and related professional services to the Town relative to GASB Statement 45 (Post-Retirement and Other Post-Employment Benefits) for the fiscal years ending December 31, 2013 and December 31, 2014, in an amount not to exceed $12,600 for FY 13 and $2,600 for FY 14, and which shall be a legal charge to the Accounting and Finance Department’s 2014 and 2015 Actuarial Services budget appropriation (A.1310.4.500.200). Vote Record - Resolution RES-2014-386  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  Robert Ghosio Defeated  Tabled  James Dinizio Jr  Withdrawn William P. Ruland  Supervisor's Appt Jill Doherty Tax Receiver's Appt  RescindedLouisa P. Evans  Town Clerk's Appt  Scott A. Russell  Supt Hgwys Appt  No Action  Southold Town Meeting Agenda - May 6, 2014 Page 9 Lost  2014-387 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Agreement W/Suburban Propane, LP/FISD RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the document entitled “Residential Customer Service Agreement and Authorization for Credit Check” between the Town of Southold and Suburban Propane, LP for the Fishers Island Sewer District propane tank, on demand delivery, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2014-387  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn James Dinizio Jr  Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty  Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2014-388 CATEGORY: Property Usage DEPARTMENT: Recreation Collegiate Baseball 2014 - Cochran Park RESOLVED grants permission to that the Town Board of the Town of Southold hereby Hamptons Collegiate Baseball to use the baseball field at Cochran Park for the 2014 baseball season for a total of approximately 22 games, beginning June 2 and ending in late July, subject to scheduling by the Southold Recreation Department and the applicant filing a One Million Dollar Certificate of Insurance with the Town Clerk, naming the Town of Southold as additional insured, all in accordance with the approval of the Town Attorney. Southold Town Meeting Agenda - May 6, 2014 Page 10 Vote Record - Resolution RES-2014-388  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr  Supervisor's Appt  William P. Ruland  Tax Receiver's Appt  Jill Doherty Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost 2014-389 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Recreation Hire Summer Recreation Program Instructors Resolved that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement with the following individuals and businesses for the Summer 2014 Recreation Programs, all in accordance with the approval of the Town Attorney. Funding for the instructors listed below has been budgeted for in the Recreation Department's 2014 instructor line A7020.4.500.420. The All Star (Bowling program)……………………………. $48/person Lisa Baglivi (Drawing/printmaking)….…..……………….. $30/hour Lenora Dome (Belly dancing)................................................ $30/hour Martha Eagle (Aerobics & Pilates)......................................... $30/hour Suzzanne Fokine (Plein Air Painting)………………………$30/hour Susan Forte (IPhone, IPad, ITunes, apps)............................. $30/hour Denise Gillies (Tai Chi)…………………………………..… $30/hour Island’s End Golf & Country Club (Golf lessons)…………. $100/person Lois Levy (Art Workshops)……………………………….. $30/hour Rosemary Martilotta (Yoga)................................................... $55/class Kate McDowell (Tennis)……………………………………. $30/hour Maribeth Mundell (Singing program)……………………….. $30/hour North Fork Dancers-Katie Sousa (youth & adult dance)…… $30/hour North Fork School for Dogs (Dog obedience)………………. $70/person North Fork School for Dogs (Pre-therapy)…………….……. $90/person Theresa Pressler (Youth arts & crafts program)……………… $30/hour R & C Agency Management Corp. (CPR class)…………….. $55/person Southold Town Meeting Agenda - May 6, 2014 Page 11 R & C Agency Management Corp. (Defensive driving)…… $30/person John Scourakis (Adult Boating)……………………………. $35/person Steven Smith (Weight Training).............................................. $30/hour Renato Stafford (Organic Gardening)....................................... $30/hour The Little Red Barn (Barnyard camp)………………………. $80/person The Little Red Barn (Equestrian camp)………………………. $170/person Touch Dance Studios (Ballroom dancing)…………………… $65/person Vote Record - Resolution RES-2014-389  Adopted Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn  James Dinizio Jr  Supervisor's Appt  William P. Ruland Tax Receiver's Appt Jill Doherty  Rescinded Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2014-390 CATEGORY: Employment - Town DEPARTMENT: Police Dept Police Department - 2014 Seasonal Police Officers RESOLVEDappoints the following that the Town Board of the Town of Southold hereby individuals to the position of Seasonal Police Officer for the Southold Town Police Department, effective May 12, 2014 through September 14, 2014, at a rate of $20.81 per hour. Robert J. Haase, Jr. Theodore A. Richert Steven Ficner Michael Sirico Vote Record - Resolution RES-2014-390  Adopted Yes/AyeNo/NayAbstainAbsent Adopted as Amended Robert Ghosio  Defeated James Dinizio Jr  Tabled  Withdrawn  William P. Ruland Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Louisa P. Evans  Rescinded  Southold Town Meeting Agenda - May 6, 2014 Page 12 Town Clerk's Appt  Scott A. Russell  Supt Hgwys Appt  No Action Lost 2014-391 CATEGORY: Employment - Town DEPARTMENT: Police Dept Police Department-2014 Traffic Control Officers RESOLVEDappoints the following to that the Town Board of the Town of Southold hereby the position of Traffic Control Officer for the Southold Town Police Department, effective May 12, 2014 through September 14, 2014, at a rate of $16.46 per hour. Kevin D. Metz, Jr. Joseph F. Barszczewski Shawn A. Williams Eric M. Cassidy Brian Cassidy Vote Record - Resolution RES-2014-391  Adopted  Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn  James Dinizio Jr  Supervisor's Appt  William P. Ruland  Tax Receiver's Appt  Jill Doherty Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt Scott A. Russell  No Action Lost  2014-392 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Orient Fire Department to Hold Its Annual Memorial Day Parade Financial Impact: Police Department Cost for the Event = $115.52 Southold Town Meeting Agenda - May 6, 2014 Page 13 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Orient Fire Department to use the following route for its Annual Memorial Day Parade in Orient : on Monday, May 26, 2014 beginning at 7:30 AM begin at the Firehouse and take Tabor Road to Orchard Street to Navy Street to Village Lane to Main Road and back to the Firehouse, provided they follow all the conditions in the Town’s Policy for Special Events on Town Properties. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All town fees are waived. Vote Record - Resolution RES-2014-392  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled Withdrawn James Dinizio Jr  Supervisor's Appt William P. Ruland Tax Receiver's Appt  Jill Doherty Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action  Lost 2014-393 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Reappointments to the Fishers Island Harbor Committee RESOLVED the Town Board of the Town of Southold hereby reappoints the following to the Fishers Island Harbor Committee through March 31, 2019: Frank Bohlen Fishers Island Yacht Club/Off Island Leslie Goss Fishers Island Lobstermen’s Assoc. Peter Rugg Fishers Island West Harbor Vote Record - Resolution RES-2014-393  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  Robert Ghosio Defeated Tabled James Dinizio Jr  Withdrawn  William P. Ruland  Supervisor's Appt  Jill Doherty Tax Receiver's Appt  RescindedLouisa P. Evans  Town Clerk's Appt  Scott A. Russell  Supt Hgwys Appt  No Action Southold Town Meeting Agenda - May 6, 2014 Page 14 Lost  2014-394 CATEGORY: Refund DEPARTMENT: Town Clerk Return of Clean-Up Deposit to Matt/Cutch Little League WHEREAS the Mattituck Cutchogue Little League has supplied the Town of Southold with a Clean-up Deposit fee in the amount of $500.00 for their Opening Day Parade and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk’s office that this fee may be refunded, now therefor be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of $500.00 to the Mattituck-Cutchogue Little League, PO Box 425, Mattituck, NY 11952. Vote Record - Resolution RES-2014-394  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn James Dinizio Jr  Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty  Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2014-395 CATEGORY: Attend Seminar DEPARTMENT: Engineering Attend Third Annual Long Island Green Infrastructure Conference - Preparing for the Next Storm RESOLVED that the Town Board of the Town of Southold hereby grants permission to Jamie Richter, Michael Collins and Sarah Cote to attend the Third Annual Long Island Green Infrastructure Conference – Preparing for the Next Storm in North Hempstead, NY, on June 11, Southold Town Meeting Agenda - May 6, 2014 Page 15 2014. All expenses for registration, travel to be a legal charge to the 2014 budget (meetings and seminars). Vote Record - Resolution RES-2014-395  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr  Supervisor's Appt  William P. Ruland  Tax Receiver's Appt  Jill Doherty Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost 2014-396 CATEGORY: Refund DEPARTMENT: Town Clerk Refund of Cesspool Construction Permit - FI RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund in the amount of $10.00 to Mark Holzner, 164 Farist Road, Fairfield, CT 06825 for a Cesspool Construction permit fee that was processed in error as Fishers Island is not part of the Southold Town Waste Water District. Vote Record - Resolution RES-2014-396  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn James Dinizio Jr  Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty  Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2014-397 Southold Town Meeting Agenda - May 6, 2014 Page 16 CATEGORY: Authorize to Bid DEPARTMENT: Highway Department Advertise for Micro Surfacing RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk’s office to advertise for Polymer Modified Emulsified Asphalt Pavement Type II- Micro Surfacing and Truing & Leveling (Type 5-Shim) road treatment bids for the calendar year 2014-15. Vote Record - Resolution RES-2014-397  Adopted Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn  James Dinizio Jr Supervisor's Appt  William P. Ruland Tax Receiver's Appt Jill Doherty  Rescinded Town Clerk's Appt Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2014-398 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Village Marine Pump-Out Station Agreement RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and the Village of Greenportfor the use of the Village Marine Pump-Out Station in connection with the Trustees’ pump-out boat for the period May 10, 2014 through November 1, 2014, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2014-398  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  Robert Ghosio  Defeated  Tabled  James Dinizio Jr  Withdrawn William P. Ruland Supervisor's Appt Jill Doherty  Tax Receiver's Appt Rescinded  Louisa P. Evans  Town Clerk's Appt  Scott A. Russell Supt Hgwys Appt  Southold Town Meeting Agenda - May 6, 2014 Page 17 No Action  Lost  2014-399 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appointment to Police Advisory Committee RESOLVED that the Town Board of the Town of Southold hereby appoints John Slattery to the Police Advisory Committee to fill the vacancy, effective immediately, term to expire March 31, 2017. Vote Record - Resolution RES-2014-399  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio Tabled Withdrawn James Dinizio Jr  Supervisor's Appt William P. Ruland  Tax Receiver's Appt  Jill Doherty Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action  Lost 2014-400 CATEGORY: Employment - Town DEPARTMENT: Accounting Acknowledges the Intent to Retire Linda J. Cooper RESOLVEDacknowledges the intent to that the Town Board of the Town of Southold hereby retire of Linda J. Cooper from the position of Senior Administrative Assistant for the Town Clerk’s Office , effective as of the close of business June 11, 2014. Vote Record - Resolution RES-2014-400  Adopted Yes/AyeNo/NayAbstainAbsent Adopted as Amended  Robert Ghosio Defeated James Dinizio Jr  Tabled William P. Ruland Withdrawn  Southold Town Meeting Agenda - May 6, 2014 Page 18 Supervisor's Appt  Jill Doherty  Tax Receiver's Appt  Louisa P. Evans Rescinded Scott A. Russell  Town Clerk's Appt Supt Hgwys Appt No Action  Lost  2014-401 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Mods - Equipment Financial Impact: Re-direct parts/maintenance authorization(s) to CAT and Volvo loaders for hydraulic pump replacements. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 Solid Waste Management District budget as follows: From: SR 8160.4.100.550 (Komatsu Maint/Supplies) $ 2,000 SR 8160.4.400.682 (Ford Tractor Repairs) $ 4,000 TOTAL: $ 6,000 To: SR 8160.4.100.551 (Maint/Supply CAT Loader) $ 2,000 SR 8160.4.100.552 (Maint/Supply Volvo Loader) $ 4,000 TOTAL: $ 6,000 Vote Record - Resolution RES-2014-401  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn  James Dinizio Jr  Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty  Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  Southold Town Meeting Agenda - May 6, 2014 Page 19 2014-402 CATEGORY: Employment - Town DEPARTMENT: Accounting Create and Set Salary Scale Case Mgr. Spanish Speaking RESOLVEDcreates the position of that the Town Board of the Town of Southold hereby Case Manager (Spanish Speaking) and establishes the annual rate of pay for Case Manager (Spanish Speaking) as follows: Effective Date / Entry Step Level 1 2 3 4 5 January 1, 2012 $49,805.76 $50,232.55 $50,659.34 $51,086.13 $51,512.91 $51,939.70 Vote Record - Resolution RES-2014-402  Adopted Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn  James Dinizio Jr Supervisor's Appt  William P. Ruland  Tax Receiver's Appt Jill Doherty  Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt  Scott A. Russell No Action  Lost  2014-403 CATEGORY: Employment - Town DEPARTMENT: Accounting Retirement Resolution for Elected Officials WHEREAS, the State of New York has set additional reporting requirements in Section 315.4 of the New York Codes, Rules and Regulations which requires all elected and appointed officials whose terms start on or after August 12, 2009, who are members of the New York State and Local Retirement System and who do not participate in their employer’s time keeping system to prepare a log of their work-related activities for three consecutive months and submit their logs to the clerk or secretary of the governing body within 150 days of the start of their term; NOW THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold hereby establishes the following as standard workdays for elected and appointed officials and will report the following days worked to the New York Southold Town Meeting Agenda - May 6, 2014 Page 20 State and the Local Employees’ Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Title Name Standard Term Begins/ Participates in Days/Month(based on Work Ends Employer’s Record of Activities) Day Time Keeping (Hrs/day) System Assessor Robert Scott Jr. 7 1/1/14-12/31/17 N 24.57 Assessor Kevin Webster 7 1/1/14-12/31/17 N 20.93 Assessor Richard Caggiano 7 12/4/13-12/31/15 N 17.77 Trustee Charles Sanders 6 1/1/14-12/31/17 N 3.5 BE IT FURTHER RESOLVED, that said standard is being established to meet the accounting requirements of the New York State Employees Retirement System for calculation of retirement benefits, and BE IT FURTHER RESOLVED, that the Town Clerk be and she hereby is authorized to send a certified copy of this resolution to the New York State Employees Retirement System. I, Elizabeth A. Neville, Town Clerk of the governing board of the Town of Southold of the State of New York, do hereby certify that I have compared the foregoing with the original resolution passed by such 6th day of May 2014 board, at a legally convened meeting held on the on file as part of the minutes of such meeting, and that the same is a true copy thereof and the whole of such original. I further certify that the full board, consists of six (6) members, and the six (6) of such members were present at such meeting and the six (6) of such members vote in favor of the above resolution. 6th IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Southold, on this day of May 2014 . S E A L ____________________________________ Elizabeth A. Neville Town Clerk Town of Southold Vote Record - Resolution RES-2014-403  Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn  James Dinizio Jr Supervisor's Appt  William P. Ruland  Tax Receiver's Appt  Jill Doherty  Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell  No Action  Lost  Southold Town Meeting Agenda - May 6, 2014 Page 21 2014-404 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire Two Pump Out Boat Operators RESOLVEDappoints David Comando that the Town Board of the Town of Southold hereby and Robert A. Goodale, each to the seasonal position of Pumpout Boat Operator for the Trustees, effective May 10, 2014 through November 1, 2014, at a rate of $16.00 per hour. Vote Record - Resolution RES-2014-404  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn James Dinizio Jr  Supervisor's Appt  William P. Ruland  Tax Receiver's Appt  Jill Doherty Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action Lost 2014-405 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for General Fund Whole Town Financial Impact: Provide appropriation for EIS update for Goldsmith’s Inlet for $31,000.00 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 General Fund Whole Town budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $31,000 To: A.1010.4.500.300 Town Board, Environmental Consultants $31,000 Vote Record - Resolution RES-2014-405  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  Southold Town Meeting Agenda - May 6, 2014 Page 22 Defeated  Robert Ghosio  Tabled  James Dinizio Jr Withdrawn William P. Ruland  Supervisor's Appt Tax Receiver's Appt Jill Doherty  Rescinded  Louisa P. Evans Town Clerk's Appt  Scott A. Russell  Supt Hgwys Appt  No Action  Lost  2014-406 CATEGORY: Budget Modification DEPARTMENT: Town Attorney TA Budget Modification Financial Impact: To cover payment of accrued leave for the full-time ATA who left the employ of the Town as of 3/20/14. RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2014 budget as follows: TO: A.1420.1.100.200 Town Attorney, Full-Time Employees $195.00 Overtime Earnings A.1420.1.100.300 Town Attorney, Full-Time Employees $10,050.00 Vacation Earnings A.1420.1.100.400 Town Attorney, Full-Time Employees $27,040.00 Sick Earnings FROM: A.1420.1.100.100 Town Attorney, Full-Time Employees $12,000.00 Regular Earnings A.1990.4.100.100 Unallocated Contingencies $25,285.00 Vote Record - Resolution RES-2014-406  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  Robert Ghosio Defeated Tabled James Dinizio Jr  Withdrawn  William P. Ruland  Supervisor's Appt  Jill Doherty Tax Receiver's Appt  RescindedLouisa P. Evans  Town Clerk's Appt  Scott A. Russell  Supt Hgwys Appt  No Action Southold Town Meeting Agenda - May 6, 2014 Page 23 Lost  2014-407 CATEGORY: Attend Seminar DEPARTMENT: Human Resource Center Permission for Karen McLaughlin to Attend Seminar on Emergency Prep. for More Vulnerable Residents RESOLVED that the Town Board of the Town of Southold hereby grants permission to Karen McLaughlin, Town Human Services Director, to attend the Annual Older Community-Dwelling Adults Stakeholders Meeting from 10am to 12 noon at the Suffolk County EOC in Yaphank on May 7th, 2014. All expenses for travel to be a legal charge to the 2014 Programs for the Aging budget (meetings and seminars). Vote Record - Resolution RES-2014-407  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn James Dinizio Jr  Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty  Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2014-408 CATEGORY: Attend Seminar DEPARTMENT: Human Resource Center Permission for Jacqui Martinez, Sr. Citizen Center Mgr. to Attend Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Jacqueline Martinez, Senior Citizens Center Manager, to attend a seminar on Caregivers and Aging in Place in the Town of Babylon , on May 20, 2014 from 6:30 to 8:30 PM. All expenses for travel to be a legal charge to the 2014 budget (meetings and seminars) Programs for the Aging. Vote Record - Resolution RES-2014-408  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  Southold Town Meeting Agenda - May 6, 2014 Page 24 Defeated  Robert Ghosio  Tabled  James Dinizio Jr Withdrawn William P. Ruland  Supervisor's Appt Tax Receiver's Appt Jill Doherty  Rescinded  Louisa P. Evans Town Clerk's Appt  Scott A. Russell  Supt Hgwys Appt  No Action  Lost  2014-409 CATEGORY: Attend Seminar DEPARTMENT: Human Resource Center Permission for Karen McLaughlin to Attend Annual ACUU Aging Svcs Conference RESOLVED that the Town Board of the Town of Southold hereby grants permission to Karen McLaughlin, Town Director of Human Services to attend the annual conference for the NYS rdth Aging Services Network in Albany, N.Y. on June 3 and 4, 2014. All expenses for registration and travel to be a legal charge to the 2014 Programs for the Aging budget (meetings and seminars). Vote Record - Resolution RES-2014-409  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio Tabled Withdrawn James Dinizio Jr  Supervisor's Appt William P. Ruland  Tax Receiver's Appt  Jill Doherty Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action  Lost 2014-410 CATEGORY: Public Service DEPARTMENT: Town Clerk Appoint Keturah Hurst as a Temporary Marriage Officer Southold Town Meeting Agenda - May 6, 2014 Page 25 RESOLVED the Town Board of the Town of Southold hereby appoints Keturah Hurst as a Temporary Marriage Officer for the Town of Southold, on May 17, 2014 only, to serve at no compensation. Vote Record - Resolution RES-2014-410  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn James Dinizio Jr  Supervisor's Appt William P. Ruland Tax Receiver's Appt  Jill Doherty  Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost 2014-411 CATEGORY: Authorize to Bid DEPARTMENT: Highway Department Street Sweeping Sand Bid RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town clerk to advertise for bid, furnishing all laborer, material and equipment required to remove the following material within 15 business days from the bid award at the Town of Southold Highway Yard, 275 Peconic lane, Peconic, NY 11958. Street sweepings as an aggregate has been allowed pursuant to the pre-determined BUD in 6 NYCRR 360-1.15(b) (11) as uncontaminated aggregate, provided that all trash and other debris have been screened out. The above mentioned material is and can only be used for Fill material under 360-1.15(b) (11) Lump sum price for approximately 3,000 cubic yards of uncontaminated screened street sweeping aggregate Vote Record - Resolution RES-2014-411  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  Robert Ghosio Defeated  TabledJames Dinizio Jr  Withdrawn  William P. Ruland  Supervisor's Appt  Jill Doherty Tax Receiver's Appt Southold Town Meeting Agenda - May 6, 2014 Page 26 Rescinded  Louisa P. Evans  Town Clerk's Appt  Scott A. Russell Supt Hgwys Appt No Action Lost 2014-412 CATEGORY: Budget Modification DEPARTMENT: Accounting Appropriate Donation for Human Services Financial Impact: Appropriate donation from The Church of the Redeemer for Human Services RESOLVED that the Town Board of the Town of Southold hereby increases the General Fund Whole Town 2014 budget as follows: Revenues: A.2705.40 Other Donations $750 To: A.6772.4.100.110 Programs for the Aging Other Program Supplies and Materials $750 Vote Record - Resolution RES-2014-412  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn  James Dinizio Jr  Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty  Rescinded Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2014-413 CATEGORY: Advertise DEPARTMENT: Human Resource Center Permission to Advertise Position at HRC for FT Senior Citizen Aide II Southold Town Meeting Agenda - May 6, 2014 Page 27 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for one week for the position of full time Senior Citizen Aide II for the Human Resource Center at a rate of $30,669.81 per year. Vote Record - Resolution RES-2014-413  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn James Dinizio Jr  Supervisor's Appt William P. Ruland Tax Receiver's Appt  Jill Doherty  Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost 2014-414 CATEGORY: Budget Modification DEPARTMENT: Accounting Re-appropriate Park & Playground Funds Financial Impact: Re-appropriate 2013 appropriation for SCWA water hook-up at Laurel Lake Visitors Center RESOLVED that the Town Board of the Town of Southold hereby increase the 2014 General Fund Whole Town budget as follows: Revenues: A.2025.00 Special Recreation Facility $10,000 Appropriations: A.1620.2.500.675 Laurel Lake Visitors Improvements $10,000 Vote Record - Resolution RES-2014-414  Yes/AyeNo/NayAbstainAbsent Adopted  Adopted as Amended  Robert Ghosio Defeated  James Dinizio Jr  Tabled William P. Ruland  Withdrawn Supervisor's Appt  Jill Doherty Tax Receiver's Appt  Louisa P. Evans  Rescinded  Scott A. Russell  Town Clerk's Appt  Supt Hgwys Appt  Southold Town Meeting Agenda - May 6, 2014 Page 28 No Action  Lost  2014-415 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk New Suffolk Waterfront Chowderfest May 24, 2014 Financial Impact: no police RESOLVED the Town Board of the Town of Southold hereby grants permission to the New Suffolk Waterfront Fund for a total closure of Main Street, New Suffolk at the eastern most end, on Saturday, May 24, 2014 (r/d 5/26/14) from 12 Noon to 3:00 PM provided they follow all the conditions in the Town’s Policy for Special Events on Town Properties. Failure to comply with the conditions will result in the forfeiture of the $250.00 cleanup deposit. All other fees shall be waived. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. Vote Record - Resolution RES-2014-415  Adopted Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn  James Dinizio Jr Supervisor's Appt  William P. Ruland  Tax Receiver's Appt Jill Doherty  Rescinded Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt  Scott A. Russell  No Action  Lost  2014-416 CATEGORY: Property Acquisition Public Hearing DEPARTMENT: Land Preservation Moffat Farm North, LLC Set P.H.Dev Rights Easement RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold sets Tuesday, June 3, 2014, at 7:32 p.m., Southold Town Hall, 53095 Main Road, hereby Southold Town Meeting Agenda - May 6, 2014 Page 29 Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by Moffat Farm North, LLC. Said property is identified as SCTM #1000-55.-2-p/o 10.1. The address is 47775 County Road 48 in Southold. The property is located in the A-C zoning district and is situated on the westerly side of County Road 48 approximately 940 feet southwesterly from the intersection of County Road 48 and Old North Road in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 20.5± acres (subject to survey) of the 25.5± parcel’s total acreage. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. This project is eligible for partial funding from an awarded grant from the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS). The purchase price is $65,000 (sixty-five thousand dollars) per buildable acre for the 20.5± acre easement plus acquisition costs. The property is listed on the Town’s Community Preservation Project Plan as property that should be preserved due to its open space agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Vote Record - Resolution RES-2014-416  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn  James Dinizio Jr  Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty  Rescinded Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2014-417 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk New Suffolk Civic Assoc. 4Th of July Parade Financial Impact: Police Department Cost for Event = 248.02 Southold Town Meeting Agenda - May 6, 2014 Page 30 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the th New Suffolk Civic Association to use the following route for its 4 of July Parade in New Suffolk, on July 4, 2014 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 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-2014-417  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled Withdrawn James Dinizio Jr  Supervisor's Appt William P. Ruland  Tax Receiver's Appt  Jill Doherty Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell  No Action  Lost 2014-418 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Memorial Day Parade in Mattituck Financial Impact: Police Department cost for event = $476.84 RESOLVED the Town Board of the Town of Southold hereby grants permission to the Memorial Day Parade Mattituck Fire Department to use the following roads for the beginning at 11:00 a.m. on Monday, May, 26, 2014: Pacific Street at Sound Avenue, Route 25, and Wickham Avenue, Mattituck, New York provided they follow all the conditions in the Town’s Policy for Special Events on Town Properties and with the approval of the Southold Town Police. Failure to comply with the conditions of the policy will result in the forfeiture of the $250.00 clean up deposit. All town fees except the cleanup deposit shall be waived. Vote Record - Resolution RES-2014-418  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  Robert Ghosio  Defeated  James Dinizio Jr Tabled  Southold Town Meeting Agenda - May 6, 2014 Page 31 Withdrawn  William P. Ruland  Supervisor's Appt  Jill Doherty Tax Receiver's Appt Louisa P. Evans  Rescinded Town Clerk's Appt Scott A. Russell  Supt Hgwys Appt  No Action  Lost  2014-419 CATEGORY: Litigation DEPARTMENT: Town Attorney Retain Frank Isler as Special Counsel/Burden Litigation RESOLVED that the Town Board of the Town of Southold hereby retains Frank A. Isler, Esq. as Special Counsel in the Supreme Court, Suffolk County civil action entitled “Richard and Lorraine Burden v. Southold Town Zoning Board of Appeals” under Index No. 14-8491. Vote Record - Resolution RES-2014-419  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn  James Dinizio Jr  Supervisor's Appt William P. Ruland Tax Receiver's Appt Jill Doherty  Rescinded Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  2014-420 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission for the "16Th Annual Mighty North Fork Triathlon" Financial Impact: Total police Department Cost for Event = $608.80 RESOLVEDgrants permission for the that the Town Board of the Town of Southold hereby Southold Town Meeting Agenda - May 6, 2014 Page 32 th CAST to hold the"16 Annual Mighty North Fork Triathlon" , at Cedar Beach Park, Sunday, July 13, 2014 Southold, New York, on using the following roads: Cedar Beach Road Paradise Point Road Main Bayview Road Jacobs Lane N. BayviewRoad Brigantine Drive Harbor Light Road Windjammer Drive Anchor Lane Dayton Road North Parish Drive Pine Neck Road Baywater Avenue South Harbor Hiawathas Path Nokomis Road Minnihaha Blvd. Longview Lane Watersedge Way Rambler Road and provided they file with the Town Clerk a Two Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; a $250.00 filing fee; a remuneration fee of $608.80 for traffic control; $250.00 deposit for clean-up (deposit to be returned after event upon recommendation of Chief Flatley, Southold Town Police Department); they comply with the Town of Southold’s Policy for Special events on Town Properties and Roads; and they submit a parking plan that meets with the approval of Chief Flatley of the Southold Town Police. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. Vote Record - Resolution RES-2014-420  Adopted  Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio Tabled Withdrawn  James Dinizio Jr  Supervisor's Appt  William P. Ruland  Tax Receiver's Appt  Jill Doherty Rescinded  Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt Scott A. Russell  No Action Lost 2014-421 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Norman E. Klipp Budget Mod. Financial Impact: Establish Capital Budget for Norman E Klipp bulkhead WHEREAS the Town Board of the Town of Southold adopted a 2014 Capital Budget which includes a $116,000 appropriation for the Klipp Park Bulkhead, $53,000 funded by General Fund Whole Town appropriations and $63,000 funded by FEMA, the status of which is unknown, and Southold Town Meeting Agenda - May 6, 2014 Page 33 WHEREAS the Town’s Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby increases the General Fund Whole Town 2014 budget as follows: Revenues: A.2025.00 Special Recreation Facility $63,000 Appropriations: A.9901.9.000.100 Transfer to Capital Fund $63,000 and be it further RESOLVED authorizes the that the Town Board of the Town of Southold hereby establishment of the following Capital Project in the 2014 Capital Fund : Capital Project Name:Klipp Park Bulkhead Financing Method: Transfer from the General Fund Whole Town Budget: Revenues: H.5031.29 Interfund Transfers $116,000 Total $116,000 Appropriations: H.1620.2.500.400 Buildings & Grounds Capital Outlay Klipp Park Bulkhead $116,000 Total $116,000 Vote Record - Resolution RES-2014-421  Adopted Adopted as Amended Yes/AyeNo/NayAbstainAbsent Defeated Robert Ghosio  Tabled  Withdrawn  James Dinizio Jr Supervisor's Appt  William P. Ruland  Tax Receiver's Appt  Jill Doherty  Rescinded  Town Clerk's Appt Louisa P. Evans Supt Hgwys Appt Scott A. Russell  No Action Lost  2014-422 CATEGORY: Seqra Southold Town Meeting Agenda - May 6, 2014 Page 34 DEPARTMENT: Town Attorney SEQRA LL/LI & LIO Solar WHEREAS , the Town Board of the Town of Southold is seeking to undertake an Amendment to the Southold Town Code to allow for commercial solar energy production opportunities in appropriate Zoning Districts within the Town; and WHEREAS , the Light Industrial and Light Industrial Office Zoning Districts of the Southold Town Code currently allow public utility structures and uses through Special Exception review by the Zoning Board of Appeals but do not allow private, commercial generation of solar energy; and WHEREAS , the Town Board of the Town of Southold has drafted a “Local Law in relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones” to allow the generation of solar energy through Special Exception review by the Planning Board and establish criteria for the use; and WHEREAS , the Town Board of the Town of Southold declares the intent to establish itself as lead agency under §617.6 Initial review of actions and establishing lead agency of the New York State Environmental Quality Review Act (SEQRA); and WHEREAS , this action is a Type I action pursuant to §617.4 Type I actions of the New York State Environmental Quality Review Act (SEQRA); and WHEREAS , a classification of the action as a Type I action requires that the Southold Town Board coordinate with involved agencies pursuant to §617.6 Initial review of actions and establishing lead agency of the New York State Environmental Quality Review Act (SEQRA); now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds that “A Local Law in relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones” is a Type I action pursuant to §617.4 Type I actions of SEQRA; and be it further RESOLVED that the Town Board of the Town of Southold initiated SEQRA coordination for the action and caused the transmittal of Part I of the Full Environmental Assessment Form to the involved agencies on April 30, 2014. Vote Record - Resolution RES-2014-422  Yes/AyeNo/NayAbstainAbsent Adopted  Adopted as Amended  Robert Ghosio Defeated  James Dinizio Jr  Tabled  William P. Ruland  Withdrawn  Supervisor's Appt Jill Doherty Southold Town Meeting Agenda - May 6, 2014 Page 35 Tax Receiver's Appt  Louisa P. Evans  Rescinded  Scott A. Russell Town Clerk's Appt Supt Hgwys Appt No Action Lost  TO BE TABLED 2014-423 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact Local Law WHEREAS there had been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in County, New York, on the 8 day of April, 2014, a Local Law entitled relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid th 6 day of Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the May, 2014, at 7:32 p.m. at which time all interested persons were given an opportunity to be heard, now therefore, be it RESOLVEDENACTS the Town Board of the Town of Southold hereby the proposed Local “A Local Law in relation to Amendments to Chapter 280, Zoning, to Permit Law entitled, Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones” which reads as follows: LOCAL LAW NO. 2014 “A Local Law in relation to Amendments to Chapter 280, Zoning, to A Local Law entitled, Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the intention of the Town Board of the Town of Southold as part of its goal to limit dependence on imported fossil energy, and decrease greenhouse gas emissions to permit commercial solar energy production systems with special exception approval in the Light Industrial and Light Industrial Office Zones to minimize impacts to residents and scenic Southold Town Meeting Agenda - May 6, 2014 Page 36 viewsheds important to the community. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. Commercial Solar Energy Production System - an arrangement or combination of components installed upon land that utilize solar radiation to produce energy designed to provide electricity for on-site or off-site use pursuant to a power purchase agreement. §280-58. Use regulations. B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except subsection (B)(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be and subject to site plan approval by the Planning Board: (10) Commercial Solar Energy Production System, subject to the following criteria: (a) <http://ecode360.com/5162932?highlight=telecommunications,telecommunicatio n,towers,tower> The commercial solar energy system shall not be on a parcel of less than five [5] acres. (b) All ground-mounted panels shall not exceed the height of 8’ (c) All mechanical equipment of commercial solar energy system, including any structure for batteries or storage cells, are completely enclosed by a minimum eight (8) foot high fence with a self-locking gate. (d) Notwithstanding any requirement in Section 280-59 of this Chapter, the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, and arrays, shall not exceed 80% of the total parcel area. (e) The installation of a vegetated perimeter buffer to provide year round screening of the system from adjacent properties. (f) All solar energy production systems are designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of- way. (g) All on-site utility and transmission lines are, to the extent feasible, placed underground. (h) The installation of a clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (i) The system is designed and situated to be compatible with the existing uses on adjacent and nearby properties. (j) In approving a special exception, the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. Southold Town Meeting Agenda - May 6, 2014 Page 37 (k) Any special exception approval granted under this article shall have a term of twenty years, commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the Planning Board. (l) Decommissioning/Removal: (i) Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days, the Building Inspectors may give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner’s expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. (ii) This section is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of the Town Law Section 64(5-a) and Southold Town Meeting Agenda - May 6, 2014 Page 38 govern the subject of removal of commercial solar energy production systems in this chapter. §280-62. Use regulations. B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except subsection (B)(10), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be and subject to site plan approval by the Planning Board: (10) Commercial Solar Energy Production System, subject to the following criteria: (a) <http://ecode360.com/5162932?highlight=telecommunications,telecommunicatio n,towers,tower> The commercial solar energy system shall not be on a parcel of less than five [5] acres. (b) All ground-mounted panels shall not exceed the height of 8’ (c) All mechanical equipment of commercial solar energy system, including any structure for batteries or storage cells, are completely enclosed by a minimum eight (8) foot high fence with a self-locking gate. (d) Notwithstanding any requirement in Section 280-63 of this Chapter, the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, and arrays, shall not exceed 80% of the total parcel area. (e) The installation of a vegetated perimeter buffer to provide year round screening of the system from adjacent properties. (f) All solar energy production systems are designed and located in order to prevent reflective glare toward any habitable buildings as well as streets and rights-of- way. (g) All on-site utility and transmission lines are, to the extent feasible, placed underground. (h) The installation of a clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (i) The system is designed and situated to be compatible with the existing uses on adjacent and nearby properties. (j) In approving a special exception, the Planning Board may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare. (k) Any special exception approval granted under this article shall have a term of twenty years, commencing from the grant of the special exception, which may be extended for additional five-year terms upon application to the Planning Board. (l) Decommissioning/Removal: (i) Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner Southold Town Meeting Agenda - May 6, 2014 Page 39 of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production system only. If the commercial solar energy production system is not removed within said 90 days, the Building Inspectors may give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner’s expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a commercial solar energy production system shall be assessed against the land on which such commercial solar energy production system is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the system and the owner of the property upon which the system is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the system and the owner of the property upon which the system is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. (ii) This section is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of the Town Law Section 64(5-a) and govern the subject of removal of commercial solar energy production systems in this chapter. §280-138. Fee schedule for site plan applications. D. The fee for new site plan applications for commercial solar energy production systems pursuant to §280-58(B)(10) and §280-62(B)(10) shall be a flat fee of $3,000.00 and the Southold Town Meeting Agenda - May 6, 2014 Page 40 fee for an amendment to a site plan application for commercial solar energy production systems shall be $2,000.00. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV.EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2014-423  Adopted  Adopted as Amended  Yes/AyeNo/NayAbstainAbsent Defeated  Robert Ghosio  Tabled  Withdrawn  James Dinizio Jr  Supervisor's Appt  William P. Ruland Tax Receiver's Appt Jill Doherty  Rescinded Town Clerk's Appt  Louisa P. Evans  Supt Hgwys Appt  Scott A. Russell No Action  Lost  VI. PUBLIC HEARINGS Motion To: Motion to recess to Public Hearing RESOLVEDbe and hereby is declared that this meeting of the Southold Town Board Recessed in order to hold a public hearing. 1. PH 5/6/14 @7:32 PM LL/ LI & LIO Solar Code Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at __________ P.M. * * * * * Elizabeth A. Neville Southold Town Clerk