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HomeMy WebLinkAboutAG-06/03/2014 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 June 3, 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 June 3, 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 - June 3, 2014 Page 2 Justice Louisa P. Evans  Supervisor Scott A. Russell  I. REPORTS 1. Justice Rudolph H. Bruer May 2014 2. Zoning Board of Appeals May 2014 3. Recreation Department Monthly Report April 2014 II. PUBLIC NOTICES 1. NYS Liquor License - New Application The Crazy Fork III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 Am - John Sepenoski Presentation of Online Maps 2. 9:30 Am - Michael Collins FI Cinema Update & Dike Rehabilitation project update 3. 10:00 Am - Leslie Weisman Proposed Time Limits on ZBA variance relief 4. 10:15 Am - Mark Terry Soundview Dunes Park phragmites eradication RFP 5. 10:30 Am - Matthew Hetterich, Utopia Home Care Request to use the Peconic Lane Community Center to hold educational training for Home Health Aides 6. 10:45 Am - Jeff Standish Grading of beaches/recovery of sand 7. 11:00 Am - Constantine Macris Powerpoint Presentation - FI pump out vessel proposal Southold Town Meeting Agenda - June 3, 2014 Page 3 8. 11:30 Am - Chris Baiz Agricultural Advisory Committee report 9. 11:45 Lloyd Reisenberg & Chief Martin Flatley Emergency preparedness & use of the Peconic community Center as an emergency shelter 10. 4 Requests for Special Event Fee Waivers Fleets Neck 5 K Pack 39 Cubmobile Race 50th Annual Antiques Show & Sale Heritage Day Parade 11. Regional Plastic Bag Ban 12. 5/22 Peconic Estuary Program Policy Committee Meeting Update 13. Local Development Corporation (LDC) Creation and appointment of Directors 14. Southold 375Th Anniversary 15. Helicopter Traffic 16. 12:30 Pm - EXECUTIVE SESSION - Labor - Matters Involving Employment of Particular Person/S Chief Flatley 17. 12:00 Pm - Lloyd Reisenberg and Mark Terry Suffolk County Hazard Mitigation Plan SPECIAL PRESENTATION Linda J. Cooper Anti-Bias Task Force Presentation to James McKenna V. RESOLUTIONS 2014-473 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit Southold Town Meeting Agenda - June 3, 2014 Page 4 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby June 3, 2014. Vote Record - Resolution RES-2014-473  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  2014-474 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, June 17, 2014 at the Southold Town Hall, Southold, New York at 4:30 P.M.. Vote Record - Resolution RES-2014-474  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 2014-475 CATEGORY: Seqra DEPARTMENT: Town Attorney Southold Town Meeting Agenda - June 3, 2014 Page 5 SEQRA LL/LI & LIO Commercial Solar Energy Production Systems WHEREAS , it is the intent of the Town Board of the Town of Southold to allow Commercial Solar Energy Production Systems as a use in the Light Industrial (“LI”) and Light Industrial Office (“LIO”) Zoning Districts to support the Town’s goals and policies and the efforts of LIPA (now PSEG) to reduce reliance on fossil fuels and allow the privatization of generation of renewable energy; and WHEREAS, the Town of Southold has developed goals and objectives to broaden the opportunities for renewable energy uses in the Town as outlined in the recently drafted Natural Resources and Environment Chapter of the Comprehensive Plan; and WHEREAS , the Town of Southold Local Waterfront Revitalization Program (2005) establishes Town policies that support the promotion of solar energy generation; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby establishes itself as lead Agency and classifies the action as a Type I action pursuant to State Environmental Quality Review §617.4 Type I actions (b) (2); and be it further RESOLVED that the Town Board of the Town of Southold coordinated the action pursuant to §617.6 Initial review of actions and no significant comments were received; and be it further RESOLVED“A Local Law in that the Town Board of the Town of Southold hereby finds that 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” will not result in significant impacts on the environment and issues a Negative Declaration for the action and authorizes Supervisor Scott A. Russell to sign the Full Environmental Assessment Form; and be it further RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed action is consistent with the Town of Southold Local Waterfront Revitalization Program (LWRP) pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Vote Record - Resolution RES-2014-475  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 - June 3, 2014 Page 6 2014-476 Tabled 5/6/2014 7:30 PM 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 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. Southold Town Meeting Agenda - June 3, 2014 Page 7 §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) 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. (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 Southold Town Meeting Agenda - June 3, 2014 Page 8 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. §280-62. 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 Southold Town Meeting Agenda - June 3, 2014 Page 9 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) 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 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 Southold Town Meeting Agenda - June 3, 2014 Page 10 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 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. Southold Town Meeting Agenda - June 3, 2014 Page 11 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-2014-476  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 2014-477 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Surplus Equipment - Chevy Cavalier RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution #2014- 457 in it's entirety which read: WHEREAS the Town Board declared Asset #2330, 1998 Chevy Cavalier as surplus equipment and no bids were received, now therefor be it RESOLVED that the Town Board of the Town of Southold authorizes the disposal of same. Vote Record - Resolution RES-2014-477  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 - June 3, 2014 Page 12 2014-478 CATEGORY: Employment - Town DEPARTMENT: Police Dept Police Department-Appoint Seasonal Police Officer RESOLVED appoints Jacob Bogden to that the Town Board of the Town of Southold hereby the position of Seasonal Police Officer for the Southold Town Police Department, effective June 4, 2014 through September 14, 2014, at a rate of $20.81 per hour. Vote Record - Resolution RES-2014-478  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 2014-479 CATEGORY: Budget Modification DEPARTMENT: Police Dept Police Department-Budget Modification Financial Impact: Modification needed to transfer funds from the Police Officer Training budget line into the PD Meetings and Seminars line in anticipation of upcoming meetings for 2014 RESOLVEDmodifies the 2014 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.3120.4.600.200 Police, Miscellaneous Police Officer Training $3,000 TOTAL $3,000 Southold Town Meeting Agenda - June 3, 2014 Page 13 To: A.3120.4.600.225 Police, Miscellaneous Meetings & Seminars $3,000 TOTAL $3,000 Vote Record - Resolution RES-2014-479  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 2014-480 CATEGORY: Committee Appointment DEPARTMENT: Town Attorney Creation and Appointments to LDC WHEREAS , it is a public and governmental purpose for the Town of Southold (the “Town”), in the County of Suffolk, to promote economic development, to reduce unemployment and promote job creation, to provide health, educational and cultural opportunities, provide assistance for the needy, and to foster the delivery of goods and services to the citizens of the Town; and WHEREAS , not-for-profit organizations perform many important roles in the Town, including creating jobs, providing educational and health care facilities, providing affordable housing, assisting the elderly, assisting the needy, supporting the arts, providing sports and recreational facilities, assisting businesses, and generally easing the burdens of government; and WHEREAS , Section 1411 of the Not-For-Profit Corporation Law of the State of New York authorizes any one or more counties, cities, towns or villages of the state to cause not-for-profit corporations to be incorporated by public officers or private individuals, and that in carrying out the purposes set forth in Section 1411 of the Not-For-Profit Corporation Law such corporations will be performing an essential governmental function; WHEREAS , the Town believes that it is necessary and desirable to support not-for-profit organizations located in the Town by providing access to the capital markets (including both taxable and tax-exempt markets) for such not-for-profit organizations to assist these entities in (i) maintaining operations in the Town, (ii) improving, replacing or expanding operations within the Southold Town Meeting Agenda - June 3, 2014 Page 14 Town and (iii) establishing new operations within the Town; and WHEREAS , in order to promote and achieve the objectives of the Town set forth above, it is in the interests of the Town to establish a not-for-profit local development corporation pursuant to Section 1411 of the Not-For-Profit Corporation Law of the State of New York; NOW THEREFORE, the Town Board of the Town of Southold hereby resolves and directs as follows: 1. On behalf of the Town of Southold there shall be formed, under Section 1411 of the Not-For-Profit Corporation Law of the State of New York, a not-for-profit local development corporation (the “Corporation”) which shall be named Southold Local Development Corporation or such other name as may be approved by the Town Board, that shall act as a governmental issuer of debt (the interest on which may be either taxable or non-taxable) for the purpose of providing assistance in financing projects of not-for-profit organizations to be located partially or entirely within the Town, and for providing such other tax exemptions and benefits as may be available under federal law and the laws of the State of New York. The Corporation shall be an instrumentality of the Town. 2. The Corporation shall have one class of members. The Town shall be the sole member (the “Sole Member”). Actions on behalf of the Town as the Sole Member shall be taken by the Town Board or its designee, including but not limited to the Supervisor of the Town. 3. The Corporation shall be managed by a board of directors (the “Board”). The Board shall consist of not more than seven (7) nor fewer than three (3) directors. 4. The Town Board of the Town of Southold hereby approves the following individuals as the initial directors of the Corporation: Jeanne Kelley, Stephen Latham, Noreen McKenna, John Schopfer, and Rona Smith 5. Obligations of the Corporation (including debt obligations) shall not be a debt or liability of the Town, nor shall the Town be a guarantor of any obligations (including debt obligations) of the Corporation. 6. The Corporation shall have all of the powers and authority provided under the Not- For-Profit Corporation Law of the State of New York to not-for-profit corporations formed under Section 1411 of such law, including but not limited to the power to borrow money and to issue negotiable bonds, notes and other obligations therefore in furtherance of its corporate and governmental purposes. 7. In performing its duties the Corporation shall be performing an essential governmental function. Vote Record - Resolution RES-2014-480  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  Robert Ghosio  Defeated  James Dinizio Jr  Tabled WithdrawnWilliam P. Ruland Supervisor's Appt Jill Doherty  Tax Receiver's Appt  Louisa P. Evans  Rescinded  Scott A. Russell Town Clerk's Appt  Southold Town Meeting Agenda - June 3, 2014 Page 15 Supt Hgwys Appt  No Action  Lost 2014-481 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bid for Chevy Cavalier RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of David DeFriest in the amount of $759.00 for the asset #2330, 1998 Chevy Cavalier. Vote Record - Resolution RES-2014-481  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  2014-482 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Lori McKiernan PT Tax Cashier RESOLVEDappoints Lori McKiernan that the Town Board of the Town of Southold hereby to the position of a Part Time Tax Cashier for the Tax Receivers’ Office effective June 4, 2014, at a rate of $16.56 per hour, not to exceed 17.5 hours per week. Vote Record - Resolution RES-2014-482  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  Robert Ghosio  Defeated  James Dinizio Jr  Tabled  William P. Ruland Withdrawn  Southold Town Meeting Agenda - June 3, 2014 Page 16 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  2014-483 CATEGORY: Employment - Town DEPARTMENT: Accounting Amend Resolution No. 2014-321 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2014-321 to read as follows: 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 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 Town Board Member Robert Ghosio Jr. 6 1/1/14-12/31/17 N 14.73 Justice William Price 6 1/1/14-12/31/17 N 17.74 Superintendent of Vincent Orlando 8 1/1/14-12/31/17 N 26.21 Highways 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. Southold Town Meeting Agenda - June 3, 2014 Page 17 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 nd 22 day of April 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. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Southold, on this nd 22 day of April 2014 . S E A L ____________________________________ Elizabeth A. Neville Town Clerk Town of Southold Vote Record - Resolution RES-2014-483  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  2014-484 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Engineering Change Order #2 Dike Rehabilitation Project RESOLVED that the Town Board of the Town of Southold hereby approves Change Order #2 to the Town of Southold Dike Rehabilitation Project Contract with L.K. McLean Associates, P.C. in the net amount of $9,000.00, pursuant to their letter dated May 27, 2014, subject to the approval of the Town Attorney and Town Engineer. Vote Record - Resolution RES-2014-484  Adopted Yes/AyeNo/NayAbstainAbsent Adopted as Amended Robert Ghosio Defeated James Dinizio Jr Tabled William P. Ruland Withdrawn  Southold Town Meeting Agenda - June 3, 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  2014-485 CATEGORY: Public Service DEPARTMENT: Town Clerk Approve the Issuance of a Fireworks Permit by the Town Clerk to the Mattituck Lions, for Fireworks Displays on June 13 and June 14, 2013 (Friday and Saturday) RESOLVED the Town Board of the Town of Southold hereby approves the issuance of a fireworks permit by the Town Clerk to the Mattituck Lions, for fireworks displays on Friday, June 13 and Saturday, June 14, 2014 in conjunction with the Mattituck Lions’ Strawberry Festival, on the northeast side of Strawberry Field, Mattituck, New York upon the 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. Vote Record - Resolution RES-2014-485  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  2014-486 CATEGORY: Public Service DEPARTMENT: Town Clerk Fireworks Permit to the Greenport Fire Department for Fireworks Display on July 4 and 5, 2014 Southold Town Meeting Agenda - June 3, 2014 Page 19 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. 1 and Relief Hose th Company No. 2 of the Greenport Fire Department, for a fireworks display on Friday, July 4 th and Saturday, July 5 2014, 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. Vote Record - Resolution RES-2014-486  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 2014-487 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Fleetsneck Property Owners 5K Fun Run Financial Impact: Total Police Cost for the Event = $289.13 RESOLVED the Town Board of the Town of Southold hereby grants permission to Fleetsneck Property Owners Association to hold a 5K Fun Run in Fleetsneck, Cutchogue on Saturday August 16, 2014, beginning at 9:00 AM, and to use the following route: begin at Pequash Park, Pequash Avenue, Southern Cross Road, Holden Avenue, West Road, West Creek Road, Old Pasture Road, First Street, Stillwater, Fleetwood Road, provided applicant meets all of the requirements as listed in the Town Policy on Special Events and Use of Recreation Areas and Town Roads. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees with the exception of the clean-up deposit will be waived for this event. Vote Record - Resolution RES-2014-487  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 - June 3, 2014 Page 20 Tax Receiver's Appt  Louisa P. Evans  Rescinded  Scott A. Russell Town Clerk's Appt Supt Hgwys Appt No Action Lost  2014-488 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Pack 39 - Cubmobile Race RESOLVED that the Town Board of the Town of Southold hereby grants permission to Pack 39 ? Cub Scouts to hold its annual Cubmobile Race on June 7, 2014 from 8:00 am ? 12:00 pm, provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All Town fees for this event, with the exception of the Clean-up Deposit, are waived. Vote Record - Resolution RES-2014-488  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 2014-489 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Cutchogue-New Suffolk Historical Council to Close Cases Lane Financial Impact: Police Department Cost for Event = $329.20 Southold Town Meeting Agenda - June 3, 2014 Page 21 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Cutchogue-New Suffolk Historical Council to close Cases Lane from Cedar Road to Main Road, Cutchogue, from 7:30 AM to 5:30 PM for its Annual Antiques Show and Sale, on Saturday, July 5, 2014, provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All Town fees for this event, with the exception of the Clean-up Deposit, are waived. Vote Record - Resolution RES-2014-489  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  2014-490 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Oysterponds Historical Society to Hold a Heritage Day Parade on July 6, 2014 Financial Impact: Police Department Cost for the Event = $134.85 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Oysterponds Historical Society to use the following route for its Heritage Day Parade in Orient on Sunday, July 6, 2014 staging to begin at 11:30 am on Oysterponds Lane, from there to Main Road to Village Lane to the end of Village Lane, 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 clean-up deposit and denial of future requests. In the night before the event addition, the police will post “No Parking” signs as requested. All Town fees for this event are waived with the exception of the clean-up deposit. Vote Record - Resolution RES-2014-490  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 - June 3, 2014 Page 22 Tax Receiver's Appt  Louisa P. Evans  Rescinded  Scott A. Russell Town Clerk's Appt Supt Hgwys Appt No Action Lost  2014-491 CATEGORY: Authorize to Bid DEPARTMENT: Highway Department Road Treatment Bid 2014-15 Resolved that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk’s office to advertise for various road treatment bids including Type 6 Hot Mix Asphalt & Oil /stone for the calendar year 2014-15. Vote Record - Resolution RES-2014-491  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  2014-492 CATEGORY: Landfill Misc. DEPARTMENT: Solid Waste Management District Proposal for Petition to DEC on LF Groundwater Sampling RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Dvirka and Bartilucci Consulting Engineers to prepare a petition to the New York State DEC for a reduction in quarterly groundwater sampling around the Cutchogue landfill based on an assessment of historical data indicating less frequent and lower concentrations of detection of leachate indicators, approval of which is estimated to save hundreds of thousands of dollars over Southold Town Meeting Agenda - June 3, 2014 Page 23 the remaining 20 years of required testing, at a cost not to exceed $5,550, all in accordance with the Town Attorney. Vote Record - Resolution RES-2014-492  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 2014-493 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk HPC Appointment RESOLVED that the Town Board of the Town of Southold hereby appoints Edward Webb to the vacant position on the Historic Preservation Commission, effective immediately, term to expire March 31, 2017. Vote Record - Resolution RES-2014-493  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  2014-494 CATEGORY: Attend Seminar Southold Town Meeting Agenda - June 3, 2014 Page 24 DEPARTMENT: Police Dept Police Department-Training Request RESOLVED Police that the Town Board of the Town of Southold hereby grants permission to Officer William Brewer to attend a seminar on Child Passenger Safety in West Babylon, NY, on June 6, 2014 . All expenses for registration, travel to be a legal charge to the 2014 Juvenile Aid budget line A.3157.4.600.200. Vote Record - Resolution RES-2014-494  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  2014-495 CATEGORY: Employment - Town DEPARTMENT: Recreation Appoint Seasonal Staff Recreation Department RESOLVED that the Town Board of the Town of Southold hereby appoints the following 2014 seasonal summer staff for the period June 28 - September 1 as follows: STILLWATER LIFEGUARD HOURLY SALARY 1. Aileen Rosin (1st year)………………………….…….. $12.17 Vote Record - Resolution RES-2014-495  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 - June 3, 2014 Page 25 No Action  Lost  2014-496 CATEGORY: Employment - Town DEPARTMENT: Accounting Amend Resolution No. 2014-435 Financial Impact: Lucy Casey name incorrect should read Lucy Martin RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2014-435 st correcting the name of a 1 Year Lifeguard from Lucy Casey to Lucy Martin as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints the following 2014 seasonal summer staff for the period June 28 - September 1 as follows: STILLWATER LIFEGUARDS HOURLY SALARY 1. Connor Almberg (1st year)…………………………….. $12.17 2. John Baglivi (2nd year)………………………………… $12.44 Casey Martin 3. Lucy (1st year)…………………………… $12.17 4. Nicholas Chylinski (3rd year)…………………..……… $12.72 5. Markis Croteau (3rd year)……………………………… $12.72 6. Hannah Fitzgerald (1st year)…………………………… $12.17 7. Mally Fogarty (3rd year)………………………..……… $12.72 8. Katharine Freudenberg (3rd year)……………………… $12.72 9. Dylan Hahn (3rd year)………………………..………… $12.72 10. Ernest Kozlowski (2nd year)……………………………. $12.44 11. Roy Lebkuecher (2nd year)…………………………..…. $12.44 12. Michel Liegey (4th year)………….……………………. $12.99 13. Sean Moran (1st year)……………………………….... $12.17 14. John Nolan (3rd year)………………………..………… $12.72 15. Mallaigh Nolan (2nd year)…………………………..…. $12.44 16. Siobhan Nolan (2nd year)…………………………..…. $12.44 17. Jessica Orlando (7th year)……………………………… $13.82 18. Julia Orlando (3rd year)………………………………… $12.72 19. Kevin Schwartz (4th year)………………………………. $12.99 20. Greg Sheryll (1st year)…………………………………… $12.17 21. Patrick Sinclair (2nd year)………………………………. $12.44 22. Breton Worthington (5th year)………………………….. $13.27 BEACH ATTENDANTS 1. Mary Bertschi (3rd year)…………………………..…… $9.75 Southold Town Meeting Agenda - June 3, 2014 Page 26 2. Joshua Hassildine (1st year)…………………………….. $9.42 3. Caroline Metz (2nd year)………………………………… $9.58 4. Sidney Mulvaney (1st year)…………………………….. $9.42 5. Jessica Rizzo (2nd year)………………………………… $9.58 6. Ally Robins (1st year)…………………………..……….. $9.42 7. Natalie Troisi (2nd year)………………………………… $9.58 BEACH MANAGERS 1. Tim McElroy (7th year)…………………………………. $15.34 2. Will Seifert (4th year)…………………………………… $14.44 LIFEGUARD TRAINER 1. Meg Sautkulis (5th year)………………………………… $16.74 Vote Record - Resolution RES-2014-496  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  2014-497 CATEGORY: Employment - Town DEPARTMENT: Accounting Accepts Resignation of Geroline Markiewicz RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Geroline Markiewicz from the position of Full Time Mini Bus Driver for the Human Resource Center, effective May 30, 2014. Vote Record - Resolution RES-2014-497  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 - June 3, 2014 Page 27 No Action  Lost  2014-498 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Provisional Assessment Clerk WHEREAS the Suffolk County Department of Civil Service has established that there is no eligible list for Assessment Clerk, and WHEREAS the Town Board of the Town of Southold has determined that the Town should fill the Assessment Clerk position for the Assessors Department with a provisional appointment, and has received permission from Suffolk County Department of Civil Service to make said provisional appointment, now therefore be it RESOLVEDappoints Amy Maguire- that the Town Board of the Town of Southold hereby Burns to the position of provisional Assessment Clerk effective for the Assessors Department, June 5, 2014 at a rate of $35,766.63 per year . Vote Record - Resolution RES-2014-498  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 2014-499 CATEGORY: Refund DEPARTMENT: Town Clerk Return of Clean-Up Deposit for a Beach Wedding WHEREAS Frank A. Perrone supplied the Town of Southold with a Clean-up Deposit fee in the Southold Town Meeting Agenda - June 3, 2014 Page 28 amount of $250.00 for his Beach Wedding at Southold Town Beach and WHEREAS the Southold Town Recreation Director Ken Reeves has informed the Town Clerk’s office that this fee may be refunded, now therefore be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of $250.00 to Frank A. Perrone, P O Box 651, Southold, New York 11971. Vote Record - Resolution RES-2014-499  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  2014-500 CATEGORY: Employment - Town DEPARTMENT: Accounting Authorizes PT Minibus Driver Vito DiVello to Work FT WHEREAS the Town’s Programs for the Aging’s driver pool is short employees andthe Town Board has determined that the Program’s pool requires full-time coverage until pool is refilled in approximately 4 weeks, now therefore be it RESOLVED Part-Time Mini that the Town Board of the Town of Southold hereby authorizes Bus Driver Vito M. DiVello to work full-time to cover this shortage starting on June 4, 2014; rate of pay at Mr. DiVello’s existing rate of $16.93 per hour. Vote Record - Resolution RES-2014-500  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 - June 3, 2014 Page 29 No Action  Lost  2014-501 CATEGORY: Public Service DEPARTMENT: Town Clerk Appoint Albert J. Krupski, Jr. as a Temporary Marriage Officer RESOLVED the Town Board of the Town of Southold hereby appoints Albert J. Krupski, Jr. as a Temporary Marriage Officer for the Town of Southold, on June 21, 2014 only, to serve at no compensation. Vote Record - Resolution RES-2014-501  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 2014-502 CATEGORY: Refund DEPARTMENT: Town Clerk Return of Clean-Up Deposit to New Suffolk Waterfront Fund WHEREAS the New Suffolk Waterfront Fund supplied the Town of Southold with a Clean-up Deposit fee in the amount of $210.00 for its Annual ChowderFest and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk’s office that this fee may be refunded, now therefore be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of $210.00 to New Suffolk Waterfront Fund, Inc., P. O. Box 146, New Suffolk, New York 11956 Southold Town Meeting Agenda - June 3, 2014 Page 30 Vote Record - Resolution RES-2014-502  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 2014-503 CATEGORY: Public Service DEPARTMENT: Town Clerk Appoint Marriage Officer RESOLVED that the Town Board of the Town of Southold hereby appoints Supervisor Scott A. Russell as a marriage officer from June 22 thru July 5, 2014. Vote Record - Resolution RES-2014-503  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  2014-504 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bid of Pirate's Cove Marina for Fishers Island's Channel Markers, Buoys, Etc. Southold Town Meeting Agenda - June 3, 2014 Page 31 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 $3,100.00 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, 2014; 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-2014-504  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 2014-505 CATEGORY: Refund DEPARTMENT: Town Clerk Yard Sale Refund - Westerbeke RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $15.00 to Mr. Fred Westerbeke, 165 The Strand, East Marion, NY 11948, for Yard Sale #16098, as the yard sale was not held due to a family emergency. Vote Record - Resolution RES-2014-505  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 - June 3, 2014 Page 32 2014-506 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney NYS DOS Contract C006877 Term Extension (Bittner Preserve Project) RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Amendment between the Town of Southold and the New York State Department of State in connection with extending the term for Agreement #C006877 (The Bittner Preserve Improvement Project) from December 31, 2013 to December 31, 2014, at no cost to the Town, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2014-506  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 2014-507 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bid for Road Treatment - Item #7 RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Thomas H. Gannon & Sons, Inc., for the application of Polymer Modified Emulsified Asphalt Pavement Type II Micro-Surfacing within the Town of Southold, all in accordance with the bid specifications and Town Attorney, as follows: Option #1 Type II Micro-Surfacing $ 3.96 per sq. yd. Truing & Leveling (Type 5 - Shim) $180.00 per ton Option #2 Southold Town Meeting Agenda - June 3, 2014 Page 33 Type II Micro-Surfacing $ 2.38 per sq. yd. Truing & Leveling (Type 5 - Shim) $180.00 per ton Vote Record - Resolution RES-2014-507  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 2014-508 CATEGORY: Attend Seminar DEPARTMENT: Solid Waste Management District SWANA Recycling/Single Stream Technical Session RESOLVED that the Town Board of the Town of Southold hereby grants permission to Solid Waste Coordinator Bunchuck to attend a seminar on “Trends Impacting Waste & Recycling Costs and Services” in Albany, NY on June 12, 2014. All expenses for registration, travel and lodging to be a legal charge to the 2014 budget (meetings and seminars). Vote Record - Resolution RES-2014-508  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  2014-509 Southold Town Meeting Agenda - June 3, 2014 Page 34 CATEGORY: Budget Modification DEPARTMENT: Highway Department 2014 Budget Modification - Highway Financial Impact: to cover under-funded budget line items as well as anticipated expenditures RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 Highway Fund Part Town budget as follows: From: DB.5140.4.100.125 Brush & Weeds/Miscellaneous Contractual Expense Supplies & Materials Miscellaneous Supplies $ 1,500.00 To: DB.5140.4.100.400 Brush & Weeds/Miscellaneous Contractual Expense Supplies & Materials Implements/Small Tools 1,000.00 DB.5140.4.600.300 Brush & Weeds/Miscellaneous Contractual Expense Miscellaneous Travel 500.00 TOTAL: $ 1,500.00 Vote Record - Resolution RES-2014-509  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  2014-510 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Bay Avenue Bridge Project/Joint Application W/DEC & ACOE Southold Town Meeting Agenda - June 3, 2014 Page 35 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Joint Application, and any other necessary documents, between the Town of Southold and the NYS Department of Environmental Conservation and the U.S. Army Corps. of Engineers, in connection with the Bay Avenue Bridge Project, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2014-510  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  2014-511 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney MS4 Municipal Compliance Certification Form RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the MS4 Municipal Compliance Certification Form in conjunction with the Town’s submission of its MS4 Annual Report, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2014-511  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 - June 3, 2014 Page 36 2014-512 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Contract C006878 W/NYS DOS - Extend Term of Contract RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Amendment between the Town of Southold and the New York State Department of State in connection with extending the term for Agreement #C006878 (Stormwater Management in the Town of Southold/Phase II) from May 31, 2014 to May 31, 2015, at no cost to the Town, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2014-512  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 2014-513 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Amendment #3 to Contract C303426/Peconic Bay Estuary RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute Amendment No. 3 to the State Assistance Contract between the Town of Southold and the New York State Department of Environmental Conservationin connection with a no-cost extension of time extending the term of Contract #C303426 (Peconic Bay Estuary Program) from March 31, 2014 to December 31, 2014, at no cost to the Town, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2014-513  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  Robert Ghosio  Defeated  James Dinizio Jr  Tabled  William P. Ruland Withdrawn  Southold Town Meeting Agenda - June 3, 2014 Page 37 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  2014-514 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Planning Board Adopt the Suffolk County Multi-Jurisdictional Multi-Hazard Mitigation Plan WHEREAS , all of Suffolk County has exposure to natural hazards that increase the risk to life, property, environment and the County’s economy; and WHEREAS , pro-active mitigation of known hazards before a disaster event can reduce or eliminate long-term risk to life and property; and WHEREAS , The Disaster Mitigation Act of 2000 established new requirements for pre- and post-disaster hazard mitigation programs; and WHEREAS , a coalition of Suffolk County municipalities with like planning objectives has been formed to pool resources and create consistent mitigation strategies to be implemented within each partner’s identified capabilities, within Suffolk County; and WHEREAS , the coalition has completed a planning process that engages the public, assesses the risk and vulnerability to the impacts of natural hazards, develops a mitigation strategy consistent with a set of uniform goals and objectives, and creates a plan for implementing, evaluating and revising this strategy; NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold: 1.Adopts the Suffolk County Multi-Jurisdictional Multi-Hazard Mitigation Plan (the “Plan”) as this jurisdiction’s Natural Hazards Mitigation Plan. 2.Will use the adopted and approved portions of the Plan to guide pre- and post- disaster mitigation of the hazards identified. 3.Will coordinate the strategies identified in the Plan with other planning programs and mechanisms under its jurisdictional authority. Southold Town Meeting Agenda - June 3, 2014 Page 38 4.Will help to promote and support the mitigation successes of all participants in this Plan. 5.Will incorporate mitigation planning as an integral component of government and partner operations. Vote Record - Resolution RES-2014-514  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  2014-515 CATEGORY: Budget Modification DEPARTMENT: Public Works Town Beach Grading and Sand Recoup Financial Impact: Beach Repair Resolved that the Town Board of the Town of Southold hereby modifies the 2014 General Fund budget as follows: From: A.1620.2.400.350 Building & Grounds $6,250.00 Dredging To: A.1620.2.500.350 Building & Grounds $6,250.00 Beach Improvements Vote Record - Resolution RES-2014-515  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 - June 3, 2014 Page 39 Rescinded  Louisa P. Evans  Town Clerk's Appt  Scott A. Russell Supt Hgwys Appt No Action Lost 2014-516 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Pumpout Boat Services for FI by Coastal Environmental Services RESOLVED the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott Russell to execute a special services agreement with Coast Environmental Services Inc. for the provision of pump-out boat services to Fishers Island in an amount not to exceed $10609.00, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2014-516  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  2014-517 CATEGORY: Home Rule Request DEPARTMENT: Town Clerk Request the Enactment of Assembly Bill A.9316 to Amend Tax Law WHEREAS , a bill has been introduced in the State Legislature as Assembly Bill A.9316 and WHEREAS , the bill would amend subdivision 4 of Section 1499-ee of the tax law to add the Town of Southold to those towns within the Peconic Bay region that have a first-time homebuyer’s exemption from the tax on real estate transfers in the Town of Southold, County of Southold Town Meeting Agenda - June 3, 2014 Page 40 Suffolk, therefore, be it RESOLVED that pursuant to Article IX of the Constitution, the Town Board of the Town of hereby requests the enactment of Assembly Bill A.9316“AN ACT to Southold entitled amend the tax law, in relation to exempting primary residential property purchased by first-time homebuyers meeting certain income and purchase price requirements from the tax on real estate transfers in the Town of Southold, County of Suffolk” . Vote Record - Resolution RES-2014-517  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  2014-518 CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation Moffat Farm North LLC Elect to Purchase/SEQRA Dev Rights Easement WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by Moffat rd Farm North, LLC on the 3 day of June, 2014, at which time all interested parties were given the opportunity to be heard; and WHEREAS, 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; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 25.5± acres (subject to survey) of the 20.5± parcel’s total acreage. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the easement will be acquired using Community Preservation Funds. This project is eligible for partial funding from an awarded grant from the United States Department of Southold Town Meeting Agenda - June 3, 2014 Page 41 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; and WHEREAS, 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; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (“LWRP”) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; and, WHEREAS, THE TOWN BOARD OF THE TOWN OF SOUTHOLD CLASSIFIES THIS ACTION AS AN UNLISTED ACTION PURSUANT TO THE SEQRA RULES AND REGULATIONS, 6NYCRR 617.1 ET. SEQ.; AND, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by Moffat Farm North, LLC, identified as SCTM #1000-55.-2-p/o 10.1. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. Vote Record - Resolution RES-2014-518  Adopted  Yes/AyeNo/NayAbstainAbsent Adopted as Amended  Robert Ghosio  Defeated  James Dinizio Jr  Tabled  Southold Town Meeting Agenda - June 3, 2014 Page 42 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  VI. PUBLIC HEARINGS 1. PH 5/6/14 @7:32 PM LL/ LI & LIO Solar Code History: 05/06/14 Town Board ADJOURNED Next: 06/03/14 2. Moffat Farm North, LLC Set P.H.Dev Rights Easement