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Home My WebLink AboutTB-05/06/2014 ELIZABETH A.NEVILLE iOFF04 Town Hall, 53095 Main Road 0 TOWN CLERK a�WcpGy PO Box 1179 q Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER y�Ypl �yo� Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER southoIdtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING May 6, 2014 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, May 6, 2014 at the Meeting Hall, Southold,NY. Call to Order 7:30 PM Meeting called to order on May 6, 2014 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived Robert Ghosio Town of Southold Councilman Present James Dinizio Jr Town of Southold Councilman Present William P. Ruland Town of Southold Councilman Present Jill Doherty Town of Southold Councilwoman Present Louisa P. Evans Town of Southold Justice Present Scott A. Russell Town of Southold Supervisor Present I. Reports 1. Accounting & Financing Budget 2. North Fork Animal Welfare League 3. Land Tracking 4. Dept of Public Works Monthly Report 5. Justice Rudolph H. Bruer 6. Zoning Board of Appeals 7. Special Projects Coordinator II. Public Notices 1. Army Corps of Engineers May 6, 2014 Page 2 Southold Town Board Meeting 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) 3. LL/Amendments to Accessory Apartment Standards (Code Committee) 4. 2 -Trailer Applications 5. 9:30 Am - Heather Lanza 6. 9:45 Am - Michael Collins,Jamie Richter 7. 10:00 Am - Michael Collins,Jamie Richter 8. 10:15 Am -Jeff Standish 9. Honor Flight Long Island for WWII Veterans 10. CAST Mighty North Fork Triathlon 11. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 10:31AM for the purpose of discussing the following matters: Proposed property acquisition, publicity of which would substantially affect the value thereof. Labor, matters involving employment of particular person(s) Trustees Office; Town Clerk's Office Update on CSEA negotiations Litigation Richard and Lorraine Burden v. ZBA RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 12. EXECUTVIE SESSION - 11:00 Am Melissa Spiro, Proposed Property Acquisition May 6, 2014 Page 3 Southold Town Board Meeting 13. EXECUTIVE SESSION - Labor-Matters Involving Employment of Particular Person/S 14. EXECUTIVE SESSION -Litigation 15. Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 12:30PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 16. Motion To: Recess 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby Recess this 9:00 AM meeting of the Town Board until the Regular 7:30PM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Pledge of the Flag Openine Comments Motion To: Reconvenes 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby reconvenes the 9:00 AM meeting of the Southold Town Board at this 7:30PM Regular Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Deputy Supervsior William P. Ruland COUNCILMAN RULAND: Supervisor Russell is delayed, he will be joining us later. The first order of business is the salute to our flag, please join us. Thank you. Our normal procedure is that we let anyone in the audience who has a question or comment on any items that are on the agenda to please come forward and address it if you like. We will be holding a public hearing later concerning solar production in LI zones. That comment should be reserved for the public hearing portion of the meeting. At the end of our meeting we will have open comment where May 6, 2014 Page 4 Southold Town Board Meeting anyone is free to comment on any item, whether it is on the agenda or not. Is there anyone that wishes to comment on any agenda item? Ma'am? Please come to the microphone. State your name and hamlet. Marissa Cardinalli, Peconic MARISSA CARDINALE: Marissa Cardinale, I live in Peconic and my property is one of the properties that would lose, I would lose about 100 feet of my property if you proceed with your jetty shortening idea. So I oppose that idea. But what I, what I could do is I could give you a list of reasons why in the course of experiencing a few of these periods and when this has been discussed why it is a bad idea. But what I am really interested in is why you all think it is a good idea? What do you think is to be gained by doing this? There has been a number of studies, some of which the town has commissioned and those studies have shown that there is no benefit to doing this. I know that in past meetings, in writings that people have submitted pages from those studies to you for your review but the two points that people bring up all the time is that shortening the jetty will improve the situation at Kenney's beach and now there is a new idea that shortening the jetty will improve the health of the inlet. And the studies that you commissioned, the modeling study that Senator LaValle gave the town money to perform, said that there would be zero benefit to Kenney's beach. You can read it in the study, it is on page 39 and it says unambiguously, there will be zero improvement to the beach at Kenney's beach by doing this. It also says in the section on the inlet, it says that there will be increased shoaling in the inlet and negative environmental consequences. So given that these are the results that have been established by the people that you hired to examine it, I want to know why you think it is a good idea? COUNCILMAN RULAND: I certainly for one, don't think it is a good idea or a bad idea but if I am going to be called upon to make a decision, I think that we will want the most updated information that we can have. MS. CARDINALE: But what you are asking to do here now is to re-write the scope of an environmental impact statement. That is not to update the modeling study, to see, because the modeling study was done in 2005. If you want new information, you can update the modeling study. A draft environmental impact statement and the scope for a draft environmental impact statement is part of the procedure to take an action. You do this draft, then you do a, then you do the real environmental impact and then you take an action. If you want more information, you could invest more money (inaudible) in doing a modeling study that maybe would answer questions that have arisen for you. but a draft environmental impact statement will not do that. That is not what you are buying with that money. And in fact, the people that think that, you know, if you read the Suffolk Times, it seems like this is a no brainer, it's like this is the cure all. Shortening this jetty does, has great benefits but the Suffolk Times never cites the studies that have been commissioned by the Town that have been done by the US Army Corps of Engineers. It only repeats what people in the community say to one another in kind of an echo chamber. None of those people cite the study, show here's the page, here is the page that says that there is a substantial benefit to Kenney's beach or here is the page that says this will improve the inlet. They don't do that, they just repeat the same information that they really believe so they (inaudible) each other. But it is not what the scientific experts say and the scientific experts aren't consulted. So they write their report, the report goes in a drawer, sits on a shelf. If you May 6, 2014 Page 5 Southold Town Board Meeting have staff that is telling you that the report is supportive of this action, you need to show them, ask them where? Show me. Because it is in black and white and completely unambiguous. So I appreciate that you say you want more information but you don't get more information by doing a draft environmental impact statement or by redoing the scope of an environmental impact statement that was already drafted. So if you really want to fix the problem that people are concerned about, you would do better to take that $31,000 and do a study on that problem but this concept has been, since I've owned my house there, this is the third, like every five years it comes back. It came back in 2008 that it was tabled, that the people at that time who were on the Board agreed not to proceed and this is interesting because I know a bunch of the people here, some of the new town people come from being Trustees. And as Trustees you were trying to affect what people wanted to do to their waterfront bulkhead and I can't believe that if someone came to you with an idea for the waterfront, that a study commissioned by the town said would actually create negative consequences for the inlet, I can't believe that you would let that go forward and if the study also, that you commissioned, says that it will double in some areas in Peconic and triple in some areas in Peconic, flooding. So I can't believe that as Trustees you would have said, great idea, let's go forward and do something that is going to double or triple flooding int hat neighborhood. The study also says that my home and the homes around me would be subject to water damage from cresting waves in 25 year storms. Not 100 year storms, 25 year storms from cresting waves. That certainly doesn't happen today. so that would be a direct result of this action according to the scientific experts that you had hired. So I can't see as Trustees, any of you approving taking that action. COUNCILWOMAN DOHERTY: Can I just clarify a few things that we are doing here? We are not, at the point that you are discussing right now, we are not at that point. What we have to do right now is in order to move forward, we have to make a decision on the EIS. And we cannot make it until it is updated. That is what we are trying to do... MS. CARDINALE: Why do you have to make a decision on the EIS? The EIS was tabled in 2008, it was not accepted. COUNCILWOMAN DOHERTY: Right. We have to, no it wasn't not accepted, nothing was done, there was no decision made. A decision has to be made and Martin can speak to more of the legality of the SEQRA part of it but we, by accepting or denying the EIS does not make a decision on what we are going to do there. You keep implying that we are shortening the jetty, we haven't even made that decision. We haven't even gotten that far yet. We are just trying to move this whole thing forward, there are state laws, there are procedures. So it is not like we can just say, okay, here is all the information, here is our decision. We have to go follow procedures. So that is what we are doing now. Unfortunately, we have to spend the money and do it. We don't want to spend the money and do it, we wish we can just but it's outdated, it needs to be updated before we can make a decision on it and then we can move forward and gather other information and make a more informed decision. MS. CARDINALE: I don't think that this is ever telling you that you have to update it. Inaudible, from some sort of point of that you have to update it. you don't have to update it. I don't know where that comes from. I really don't know where that comes from. May 6, 2014 Page 6 Southold Town Board Meeting COUNCILWOMAN DOHERTY: Martin? TOWN ATTORNEY FINNEGAN: Because the Town Board has already made a significant investment in the SEQRA process and an earlier Board made a determination to take no action on that, this Board would like to conclude the process. MS. CARDINALE: Okay.... TOWN ATTORNEY FINNEGAN: Excuse me, I understand that you have a position on it, that you have a perspective on it and you have an interest in it, there are people that have differing views that you have, the Town Board is considering everyone's views and this is the process by which they can conclude their analysis. They are not committed to any particular action by concluding a SEQRA process. MS. CARDINALE: Inaudible. That the 2008 council makeup decided to table it. You just said that. TOWN ATTORNEY FINNEGAN: Not do anything with it. MS. CARDINALE: Okay. so you also said that people have opinions and I do have opinions and other people have other opinions. Those are opinions. You have also hired scientists, the Army Corps of Engineers have hired scientists. The town has hired scientists. Those scientists have expert opinion. I may have an opinion based on my own life and what I observed but these scientists have opinions, so I get up here and speak against it, someone may speak for it based on their own personal opinion. They may be an artist, they be a business person, they may be a summer resident,they may be a retired person, they have their opinion. But the scientific experts are unanimous that when you do a shoreline modeling of what will happen if you shorten the jetty, there is zero benefit to Kenney's beach. TOWN ATTORNEY FINNEGAN: And I am sure that the Town Board will consider those opinions when they review it but they also want to have the current data and current information before they do that review. MS. CARDINALE: Okay, well I feel that I (inaudible) but I do have to say that what updating the scope of a draft EIS is not going to give you new information. So the thing that you are spending the $31,000 on is not going to give you new, updated information. It is not. That is not what you are buying. Thanks. Susan Geitz, Leeton Drive, Southold SUSAN GEITZ: My name is Susan Geitz and I live on Leeton Drive. You can do your studies till cows come home. The fact is, that when they put up that jetty, we lost our beach and we continue to lose the beach. The other night there was a tragedy that occurred out in the Sound. A helicopter tried to come down and couldn't make it down on the beach because there was an overturned boat there that they thought might have been connected to what had happened. My husband had called the town about the helicopter. They subsequently called us back and asked May 6, 2014 Page 7 Southold Town Board Meeting us if we had beach access so that they could come down and go investigate. And I said, well, the problem is there is 18 inches of water at our bulkhead. Ms. Cardinale talked about losing 100 feet of beach in front of her house. We have lost 100 feet of beach. We have 18 inches of water at high tide on our bulkhead, alright? They have a football field from their houses to the water, 100 feet will not happen overnight. It will take the same amount of time it has taken us to lose our beach and we are in trouble now. The Army Corps of Engineers did a study and they said that it was affecting all the way around to Ashamomaque cove and they did that study a year or two ago, that the jetty was affecting it. Excuse me, I didn't interrupt you. SUPERVISOR RUSSELL: Everybody, just please reserve your comments to the Town Board directly. MS. GEITZ: It's just, it is terrible what is happening to us. We were all for them putting the jetty up because we didn't want them to lose their home. They have got 250 feet of beach and we have nothing. Now there is a, I don't know whether it is called a swirl or a swill that is coming in and cutting off more land by Peconic Dune camp. There was a piece of sand that went out and now that the storm, the waters coming in back of it and that is going to be gone. I am really surprised that the camp, that Suffolk County hasn't gotten involved in this because when we have a storm, the water goes up and continues to take their dunes away. So to me, all the studies that you do but still the fact is, our beach is going and they are gaining. Thank you. Peter Terranove, Peconic PETER TERRANOVA: Peter Terranova, Peconic and Peconic Sound Shores. First a little bit of housekeeping. The resolution 2014-405 should read provide appropriation for update of the final scope not the EIS update but the final scope. That is what the resolution should be and I believe that is what you are going to be voting on tonight. Elizabeth, could you make that note please? It is not an appropriation for EIS update, it is appropriation for final scope update. You haven't written EIS out. You are updating the final scope, that is what was not accepted by the prior Town Board. Okay? Everybody agree? Okay. Wow, from $27,000 to $31,000 in four weeks. That's a 15% increase and I just thought the price of beer, eggs and gasoline was going up. SUPERVISOR RUSSELL: That's the $27,000 plus contingencies, like any town budget would include. MR. TERRANOVA: The underlying theme of my presentation at the last Town Board meeting was telling the truth and revealing how the untruths about the jetty is driving this jetty shortening project. In the same vein, I want to speak out tonight against resolution 2014-405. I want to make sure we all know what we are voting on tonight. You are voting to spend this money to rewrite the final scope of the DEIS. The scope. Now the scope is an outline of the environmental issues associated with the project to shorten the jetty which must be identified and addressed in the EIS if you accept the scope or the outline. Now I call this a rewrite and not an update because there has been no new information, scientific information, since this was first written. Nothing. There is no new information, so it is a rewrite. It is not an update. You update something when y ou have new information. We all know what an outline is because I am sure we all had to submit outlines of term papers or science projects when you were in school. As part of our education. So we know what outlines are and that is what we are voting May 6, 2014 Page 8 Southold Town Board Meeting on tonight. Now since the town feels it should spend this money, I assume it wants a final outline of the DEIS that it can accept, otherwise why would you do it? Once you accept the outline, it will compel the town, compel the town to actually investigate and perform the environmental study necessary to write the environmental impact statement. Once you approve the outline you have no reason, legally, to not go forward. So in answer to your question, Jill, you have to get to the next stage, uh uh. You approve the outline, okay, you have to then do the EIS. People will force you to do it. in other words, after you have the outline of scope rewritten, you will have three choices. Do nothing, which is where we are today with the current outline, reject it and send it back to the authors to have the basis for that rejection corrected or accept it. Those are your three choices and once you accept it, you would be compelled to proceed to first write the DEIS which is the draft of the environmental impact statement and then upon approval of that, the final environmental impact statement. Now, does anyone know what the EIS is estimated to cost? Because I assume, by approving the $31,000, you want to get to the point where you can accept it. you have to. Does anyone know? Does anyone know what it will cost? COUNCILMAN DINIZIO: I think you are going down an area here that I am not willing to go down until I can at least have a handle on what is the most up to date information on this. Because we are being asked to vote, I have been on this Board now for a year and three, four months and all I have heard about is that particular area. Okay? I mean, every month, okay, it has come up. So I take it it's important that comes to say something, so I want to know what it is. I am in the process of studying it and quite honestly, I have seen the statements that you have said, I haven't seen the statements that the lady who spoke before you, I can't find anything in that study but I am going to study it. and I am going to listen to everyone else who comes in, to do that very same thing. But I am being told that at least this thing must be looked at by somebody who can tell us that at least there is no more new information that needs to be added to it. we can't make that determination, you can't tell us that determination. So we hire somebody for $31,000 that is going to say, oh no, this is fine, there is no more modern techniques that can be added, there is none of that and then we make a decision on it. and now it could be one of the three and I may be folding my arms and just saying no, maybe we don't take that step. MR. TERRANOVA: As Ms. Cardinale said, okay, as Ms. Cardinale said, alright, all of the information, the scientific information already exists and is in the hands of the town. The draft environmental, the scope of the environmental impact statement is an outline, not of the project, it is an outline of what the resulting environmental issues are. If you read the final scope that was tabled, okay, you will see what is involved in that. it doesn't, it has nothing to do with what is the effect in terms of downstream, the beaches, how does it affect the environment? Okay, Goldsmiths pond, so on and so forth, the flora, the fauna all that stuff. Now, I go back to my question, does anyone know what the EIS is estimated to cost? Because it should be known and included in this appropriation. Why does it have to be included in this appropriation? Because you are authorizing or you are going to vote tonight to authorize an appropriation for $31,000 to rewrite the scope which is the outline. Okay. if you accept that outline, which I am sure is your intent, then you have to proceed with the environmental impact statement, once you accept the outline. May 6, 2014 Page 9 Southold Town Board Meeting SUPERVISOR RUSSELL: Why? MR. TERRANOVA: Why? Because people will say, hey, you accepted it. you accept the outline, how could you not go forward and perform the EIS? COUNCILMAN RULAND: Who says we have to accept it? SUPERVISOR RUSSELL: First, that is exactly what they were saying several years ago when the town spent $70,000 to draft the darn thing and the Town Board sat with it. yet they seem to (inaudible) MR. TERRANOVA: I think, whether consciously or unconsciously, the prior Town Board was faced with that dilemma. Because at the time if they rejected it, when y ou reject something you reject it for a reason, you left something out, you misstated something, so you send it back to the author to correct it. if you accept it, then you are forced to go forward with the EIS. So what they elected to do was do nothing. Again, I don't know what was in people's minds. COUNCILMAN DINIZIO: Peter, you are telling us what is in our minds now. MR. TERRANOVA: No, I am not. COUNCILMAN DINIZIO: We are going to do this study, we are going to approve it because that is why (inaudible) MR. TERRANOVA: Okay, well, see if I am wrong. I mean, time will tell. If you go forward, spend the money, rewrite the draft or the outline, I prefer to call it an outline because people understand outline more than scope, okay, and you then accept the scope. Alright, let's assume you do and then we will see. COUNCILMAN DINIZIO: Let's not assume anything until we get that information. MR. TERRANOVA: Alright. What I am trying to say is that when you go through the SEQRA process, Jill, you know what the SEQRA process is, right? You go through a draft scope and then you have a final scope and the final scope, once that is approved, then you move on to the draft environmental impact statement and then you move on to the final environmental impact statement. Those are the steps you take but once you set it in motion, someone can come forward, okay, and say hey, you accepted the outline, therefore you need to go forward. That is my point. Now, again, I could be wrong. Now the cost of the EIS or the estimated cost of the EIS was never included in the original project to shorten the jetty. Now how do I know this? Because I have in my hand the copy of the original request for funds from New York State signed by you Mr. Russell, which states how the project expenditure money is broken down and it does not include funding for the environmental impact statement. It also states among other things, that the project would be funded by either bonds or the Land Preservation Fund. Very interesting. I also have a copy of the original contract that the State of New York, which is now expired, Supervisor Russell, you signed that one also and the contract states among other things May 6, 2014 Page 10 Southold Town Board Meeting and the Town Board needs to know that, that the contractor, town, shall be solely responsible and answerable in damages of any and all injuries of persons and property. And that the town has agreed to fund its portion of the cost of the project. Again, very interesting. No resolution was every passed, so you know. Anyway, so how much is the EIS going to cost? Because you have got to factor that one in to your $31,000. If it is going to cost $31,000 just to rewrite the outline of the EIS, by my going through the steps that are listed, a multi-page, after page, after page of things that need to be done for the EIS, I venture the cost is at least upwards of$250,000. And perhaps much more. So that is what you are voting on tonight, because once you rewrite the outline of the EIS to a point that you accept it, it will compel you to perform the environmental impact statement. Martin, maybe you can form an opinion on that but that's my opinion. So this is not a vote for spending $31,000, it is a vote to spend what could amount to $500,000. By the time you get through the DEIS and all the hearings and the final EIS. As I said, on reflection I believe this was the dilemma that was faced by the prior Town Board and is the reason they decided to vote neither nay nor aye for a project that would provide no benefits for the good folks at Kenney's beach. Zero, none, nada. Let me remind the Town Board that it was necessary to tap the town's reserve fund for some millions this year to bridge the gap between revenues and expenses and keep the tax increase just under 2%. These reserve funds could have been used to pay off town debt, so in essence, you are borrowing money to pay all town expenses in excess of revenues including the amount you are directly and indirectly voting on tonight. When that reserve runs out and the town residents face a tax increase of 5% or 10%, you folks may well be held accountable. We respectfully request that this resolution be rejected as it does not reflect the true cost of the action that accepting this resolution would obligate the town for spending. Remember, every cent you spend is money that once belonged to a taxpayer and must be considered wisely and I think most of the time you folks do that. This resolution does not do this and should be rejected on that basis. Thank you. Susan Geitz MS. GEITZ: Susan Geitz. Leeton Drive. Once again, it is a very simple thing. Before the jetty was there, we had 100 feet in front of our house. They were on the verge of losing their homes. They built the jetty, they have a football field in front of their homes now. Mr. Terranova doesn't live on the beach, he and his wife, we have nothing. Literally nothing but 18 inches of water and when there is a high tide, the storm, the logs and the trees that are floating down the Sound pound into our bulkhead and it is very expensive to have them replaced. So I hope that you consider, no matter what their studies are that since they put that jetty up, they have 250 feet of beach at least and we have nothing because the sand was stopped. Thank you very much. SUPERVISOR RUSSELL: Okay. Who else would like to address the Town Board on this? Any other agenda item anyone would like to comment on. Marissa Cardinalli MS. CARDINALE: Marissa Cardinale again. it just occurred to me when you mentioned that you were actually looking for the study that I was referring to, why don't you ask the consultants who wrote the study to come in and make a presentation to you about what it means. The modeling study. SUPERVISOR RUSSELL: That would be the offshore coastal technology study? May 6, 2014 Page 11 Southold Town Board Meeting MS. CARDINALE: Yes. Why don't you ask them to come in and say you know, this woman from Peconic said that there is zero impact on Kenney's beach. Show me where that is in your study. Is that true or is she making it up? The woman from Kenney's beach thinks this will help her, will it help her? Why don't you just, I mean, it's not going to cost $31,000 to do that. is it going to cost $1,000 for a day, I don't know, $3,000 for a day to come in and talk to you about the report that they wrote for you and ask them these questions. Will it help the inlet, will it hurt the inlet. And just, you can do it in the privacy of your own closed session but it seems to me that you are being asked to make decisions outside of your comfort zone and that you have these experts that studied it, why not bring them in? Charlie Geitz, Leeton Drive, Southold CHARLIE GEITZ: Charlie Geitz, Leeton Drive. Before last winter, from Goldsmiths down to where Bittners is, there used to be like 35 or 40 feet of beach there with beach grass on it. Gone. It's now, high tide comes up almost up to the dunes. So what's to go next? The dunes, they go? Then the people. I mean it's a long way to the houses that are up there but still it's going and it's going quick. And one other thing you can do, with all that new property down there in front of Peconic, why don't you open that all up and make it into a public beach so everybody can go down there and picnic down there and use it? Supervisor Russell SUPERVISOR RUSSELL: Would anyone else like to address the Town Board on any agenda item before we get to business? (No response) Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, February 11, 2014 ✓Vote Record-Motion Yes/Aye No/Nay Abstain Absent Robert Ghosio Seconder Q ❑ ❑ Q Accepted James Dinizio Jr Voter Q ❑ ❑ ❑ ❑ Accepted as Amended William P.Ruland Voter Q ❑ ❑ ❑ Tabled Jill Doherty Voter Q 0 ❑ Louisa P.Evans Mover Q ❑ ❑ 0 Scott A.Russell Voter Q ❑ ❑ p RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, March 25, 2014 ✓Vote Record-Motion Yes/Aye No/Nay Abstain Absent Robert Ghosio Seconder Q ❑ ❑ 0 Q Accepted .lames Dinizio Jr Voter El ❑ ❑ 0 ❑ Accepted as Amended William P.Roland Voter Q ❑ ❑ 0 ❑ Tabled Jill Doherty Voter Q ❑ ❑ ❑ Louisa P.Evans Mover Q ❑ 0 0 Scott A.Russell Voter Q ❑ 0 0 RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday,April 08, 2014 May 6, 2014 Page 12 Southold Town Board Meeting ✓Vote Record-Motion Yes/Aye No/Nay Abstain Absent Robert Ghosio Seconder D ❑ ❑ ❑ 0 Accepted James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Accepted as Amended William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Tabled .till Doherty Voter 0 ❑ ❑ 0 Louisa P.Evans Mover 0 ❑ ❑ ❑ Scott A.Russell Voter D ❑ ❑ 0 RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday,April 22, 2014 ✓Vote Record-Motion Yes/Aye No/Nay Abstain Absent Robert Ghosio Seconder 0 ❑ ❑ ❑ 0 Accepted James Dinizio Jr Voter 0 ❑ ❑ 0 ❑ Accepted as Amended William P.Ruland Voter 0 ❑ ❑ ❑ Tabled Jill Doherty _ Voter D ❑ ❑ 0 Louisa P.Evans Mover [a ❑ ❑ ❑ Scott A.Russell Voter D ❑ ❑ V. Resolutions 2014-380 CATEGORY. Audit DEPARTMENT.• Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated Mav 6 2014. ✓Vote Record-Resolution RES-2014-380 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Seconder 0 ❑ 0 0 ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Roland Voter ❑ ❑ 0 ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ 0 0 ❑ Town Clerk's Appt Louisa P.Evans Mover Rl ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-381 CATEGORY. Set Meeting May 6, 2014 Page 13 Southold Town Board Meeting DEPARTMENT: Town Clerk Set Next Regular Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, May 20, 2014 at the Southold Town Hall, Southold,New York at 4:30 P.M.. ✓Vote Record-Resolution RES-2014-381 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Seconder D ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter D ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter D ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter D ❑ ❑ ❑ ❑ 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 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated Robert Ghosio Voter 0 ❑ 0 0 ❑ Tabled .lames Dinizio Jr Mover D ❑ ❑ ❑ ❑ Withdrawn William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Voter 0 0 0 0 May 6, 2014 Page 14 Southold Town Board Meeting ❑ Rescinded Scott A.Russell Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-382 CATEGORY.• Surplus Equipment DEPARTMENT.• Accounting Declare 1998 Chevrolet Cavalier Surplus Equipment Financial Impact: 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 #1 G1JC5240W249223, Tag B4 located at Police Headquarters Be it further RESOLVED 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 El Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Voter p p ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Roland Seconder 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ 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 May 6, 2014 Page 15 Southold Town Board Meeting 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 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ 11 0 ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Mover 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ 0 ❑ 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 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Seconder 0 ❑ ❑ 11 ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Rescinded .till Doherty Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost May 6, 2014 Page 16 Southold Town Board Meeting Comments regarding resolution 384 SUPERVISOR RUSSELL: Before I ask for the vote, I just want to say I welcome Peggy to that commission. I also think that we are blessed to have Peggy willing to step forward and serve the community yet again as she has for so many years. 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 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 El Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Mover p p p ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter 10 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-386 CATEGORY.- Consulting DEA4RTA1EA1T.• Accounting Engage Actuary for GASB 45 Valuations Financial Impact: May 6, 2014 Page 17 Southold Town Board Meeting Engage actuary to provide GASB 45 valuation for 2013 and 2014 financial statement purposes RESOLVED that the Town Board of the Town of Southold hereby engages Chernoff, Diamond & Co., LLC to provide actuarial valuation and related Drofessional 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 lZ Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Voter p ❑ 0 p ❑ Supervisor's Appt James Dinizio Jr Mover p ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter 21 ❑ ❑ 0 ❑ Rescinded Jill Doherty Voter 21 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter p ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-387 CATEGORY.• Contracts, Lease&Agreements DEPARTMENT: Town Attorney Agreement W/Suburban Propane, LPIFISD 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 Q Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated Robert Ghosio Voter p ❑ 0 ❑ ❑ Tabled James Dinizio Jr Voter p ❑ ❑ ❑ ❑ Withdrawn William P.Ruland Seconder p ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Mover ' p ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Voter Rl ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter p ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt May 6, 2014 Page 18 Southold Town Board Meeting ❑ No Action ❑ Lost 2014-388 CATEGORY. Property Usage DEPARTMENT: Recreation Collegiate Baseball 2014- Cochran Park RESOLVED that the Town Board of the Town of Southold hereby grants permission to 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. ✓Vote Record-Resolution RES-2014-388 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Voter p ❑ 0 ❑ Supervisor's Appt James Dinizio Jr Voter p 0 ❑ 0 ❑ Tax Receiver's Appt William P.Roland Mover El ❑ ❑ 0 ❑ Rescinded Jill Doherty Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q p 0 0 ❑ 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. May 6, 2014 Page 19 Southold Town Board Meeting 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 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 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Seconder El ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter z ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter Rl ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover R ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter p ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-390 CATEGORY. Employment -Town DEP.IRTAIF-ATT.• Police Dept Police Department- 2014 Seasonal Police Officers May 6, 2014 Page 20 Southold Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby appoints the following individuals to the position of Seasonal Police Officer for the Southold Town Police Department, effective May 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 El Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Mover El ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter p ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Roland Voter El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder p ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-391 CATEGORY. Employment-Town DEPARTMENT. Police Dept Police Department-2014 Traffic Control Officers RESOLVED that the Town Board of the Town of Southold hereby appoints the following to the position of Traffic Control Officer for the Southold Town Police Department, effective May 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 El Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter p ❑ p ❑ Defeated .lames Dinizio Jr Mover p ❑ ❑ ❑ 0 Tabled William P.Ruland Voter D ❑ ❑ ❑ May 6, 2014 Page 21 Southold Town Board Meeting ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ 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 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Comments regarding resolution 392 May 6, 2014 Page 22 Southold Town Board Meeting COUNCILMAN RULAND: Is there a way that since there has been problem with some parades, that when the Town Clerk responds they can draw special attention to the condition that there is no throwing of objects? TOWN CLERK NEVILLE: Sure. COUNCILMAN RULAND: I mean, is there a way to do that? TOWN CLERK NEVILLE: Of course. COUNCILMAN RULAND: Or highlight it? Because it has become a real problem. That is my concern. TOWN CLERK NEVILLE: Yes. Will do. 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 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter D ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Mover 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-394 CATEGORY. Refund DERE RTMENT.• Town Clerk May 6, 2014 Page 23 Southold Town Board Meeting 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 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Seconder D ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter D ❑ ❑ ❑ William P.Ruland Voter ❑ ❑ 1:1❑ Tax Receiver's Appt ❑ Rescinded Jill Doherty Voter 13 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-395 CATEGORY. Attend Seminar DEPART ENT. 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, 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 Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Mover D ❑ ❑ ❑ ❑ Defeated El Tabled James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Withdrawn William P.Ruland Seconder Rl ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Voter D ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter 0 0 0 0 May 6, 2014 Page 24 Southold Town Board Meeting ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ 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 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Mover Q ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Seconder Q 11 ❑ ❑ Rescinded Jill Doherty Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-397 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 Q Adopted Yes/Aye No/Nay Abstain Absent May 6, 2014 Page 25 Southold Town Board Meeting ❑ Adopted as Amended Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Defeated James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P.Roland Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ 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 Greenport for 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Mover 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder Rl ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-399 CATEGORY. Committee Appointment DEPARTMENT: Town Clerk Appointment to Police Advisory Committee May 6, 2014 Page 26 Southold Town Board Meeting 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled __ ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Roland Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-400 CATEGORY. Employment-Town DEPARTMENT: Accounting Acknowledges the Intent to Retire Linda J. Cooper RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Roland Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Comments regarding resolution 400 May 6, 2014 Page 27 Southold Town Board Meeting SUPERVISOR RUSSELL: I am going to echo the regret on that, I wish Linda all the best in her retirement but Southold Town is losing one of its best, most stellar employees. And a consummate professional. 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ - ❑ Supervisor's Appt James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-402 CATEGORY: Employment-Town DEP.4RTMEiVT. Accounting Create and Set Salary Scale Case Mgr. Spanish Speaking May 6, 2014 Page 28 Southold Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby creates the position of 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Seconder 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Rl ❑ ❑ ❑ ❑ 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 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) May 6, 2014 Page 29 Southold Town Board Meeting 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. 1, 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 board, at a legally convened meeting held on the 6th day of May 2014 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 6th day of May 2014. SEAL Elizabeth A.Neville Town Clerk Town of Southold ✓Vote Record-Resolution RES-2014-403 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter El ❑ ❑ ❑ ❑ Supervisor's Appt .lames Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Mover Q ❑ ❑ ❑ ❑ Rescinded .Till Doherty Voter p p ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter D ❑ ❑ ❑ ❑ No Action 0 Lost May 6, 2014 Page 30 Southold Town Board Meeting 2014-404 CATEGORY: Employment-Town DEP,IRTMENT.• Accounting Hire Two Pump Out Boat Operators RESOLVED that the Town Board of the Town of Southold hereby appoints David Comando and Robert A. Goodale, each to the seasonal position of Pumpout Boat Operator for the Trustees, effective May 10, 2014 through November 1, 2014, at a rate of$16.00 per hour. ✓Vote Record-Resolution RES-2014-404 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Seconder EI ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter Q ❑ ❑ ❑ William P.Roland Voter ❑ ❑ Tax Receiver's Appt ❑ ❑ ❑ Rescinded Jill Doherty Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost Comment regarding resolution 404 COUNCILMAN GHOSIO: I just want to note that Mr. Comando and Mr. Goodale have both been seasonal pump-out boat operators here for a number of years and they do a fine job so I am glad to see that they have come back. 2014-405 CATEGORY: Budget Modification DEP.4RTMEIVT.• 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: May 6, 2014 Page 31 Southold Town Board Meeting A.1010.4.500.300 Town Board, Environmental Consultants $31,000 ✓Vote Record-Resolution RES-2014-405 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Roland Seconder 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ _ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Comment regarding resolution 405 COUNCILMAN DINIZIO: I want to comment on this. Listen, I know this is a lot of money and quite honestly I wasn't on the Board and didn't pay much attention to it when this was all going on but I can assure you that there are certain people that want to investigate this again. I think it only fair that that happen in light of the fact that they were at a deadlock last time. That may happen again but I am going to tell you honestly, I can't tell unless I know that we have followed the letter of the law and that I can assure you that I am studying this thing now. I would welcome anybody's information on their point of view, any phone call, any email conversation with concerns but I am going to ask you that you are going to have to look at that study and you are going to have to show me in those studies where it says what you say because I guess we are going to base our information on that. So I ask anybody for their help, their opinions, they are certainly welcome and when I make my decision it is going to be the final decision. 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 May 6, 2014 Page 32 Southold Town Board Meeting 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ --- ❑ Supervisor's Appt James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Roland Seconder D ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ 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 loam 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent El Tabled ❑ Withdrawn Robert Ghosio Voter Rl ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ El Tax Receiver's Appt William P.Roland Seconder 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter E ❑ ❑ ❑ ❑ No Action 0 Lost May 6, 2014 Page 33 Southold Town Board Meeting 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 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Voter 0 0 ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Mover EI ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ 0 ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-409 CATEGORY.• Attend Seminar DEPARTMENT Human Resource Center Permission for Karen McLaughlin to Attend Annual ACUUAging 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 Aging Services Network in Albany, N.Y. on June 3rd and 4th, 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 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Defeated James Dinizio Jr Voter D ❑ ❑ ❑ 0 Tabled William P.Ruland Voter 0 0 0 0 May 6, 2014 Page 34 Southold Town Board Meeting ❑ Withdrawn Jill Doherty Seconder El ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter 10 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-410 CATEGORY: Public Service DEPARTMENT: Town Clerk Appoint Keturah Hurst as a Temporary Marriage Officer 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 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Mover 0 0 ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-411 CATEGORY. Authorize to Bid DEPARTLUENT.• 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 May 6, 2014 Page 35 Southold Town Board Meeting 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter D ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Mover Rl ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Seconder Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter ❑ ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ 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 El Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated Robert Ghosio Voter Rl 0 ❑ ❑ May 6, 2014 Page 36 Southold Town Board Meeting ❑ Tabled James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn William P.Roland Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-413 CATEGORY.• Advertise DEPARTMENT.- Human Resource Center Permission to Advertise Position at HRC for FT Senior Citizen Aide H 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Mover R1 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-414 CATEGORY: Budget Modification DEPARTUENT.• Accounting Reappropriate Park&Playground Funds Financial Impact: Reappropriate 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 May 6, 2014 Page 37 Southold Town Board Meeting 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 El Adopted ❑ Adopted as Amended ❑ Defeated __ Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Seconder El ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter D ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter z ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 13 ❑ ❑ ❑ ❑ 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 to hold the New Suffolk Waterfront Chowderfest, 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 Z Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Tabled .lames Dinizio Jr Voter 0 El11❑ ❑ Withdrawn William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Seconder Rl 0 0 0 May 6, 2014 Page 38 Southold Town Board Meeting ❑ Rescinded Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ 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 hereby sets Tuesday, June 3, 2014, at 7:32 p.m., Southold Town Hall, 53095 Main Road, Southold,New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by 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 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Defeated .lames Dinizio Jr Mover 0 ❑ ❑ ❑ 0 Tabled William P.Ruland Seconder 2 0 0 ❑ May 6, 2014 Page 39 Southold Town Board Meeting ❑ Withdrawn Jill Doherty Voter El ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Voter D ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter D ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ 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 RESOLVED that the Town Board of the Town of Southold hert grants permission to the New Suffolk Civic Association to use the following route for its 4t of July Parade in New Suffolk, on July 4, 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 El Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Voter p ❑ ❑ 11 ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Seconder 21 ❑ ❑ ❑ ❑ Rescinded .till Doherty Mover El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter p ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 10 ❑ ❑ 0 ❑ No Action ❑ Lost Comments regarding resolution 417 May 6, 2014 Page 40 Southold Town Board Meeting COUNCILWOMAN DOHERTY: I will also reiterate no throwing of candy or objects. 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 Mattituck Fire Department to use the following roads for the Memorial Day Parade 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 El Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Voter p ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter lz ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Mover El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter p ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 _ ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost Comments regarding resolution 418 COUNCILMAN RULAND: I also want to include again, about the throwing of objects. 2014-419 CATEGORY.• Litigation DEPA.R.TMENT: 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. May 6, 2014 Page 41 Southold Town Board Meeting ✓Vote Record-Resolution RES-2014-419 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Rescinded .Till Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ 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 RESOLVED that the Town Board of the Town of Southold hereby grants permission for the CAST to hold the"16th Annual Mighty North Fork Triathlon", at Cedar Beach Park, Southold,New York, on Sunday,July 13, 2014 using the following roads: Cedar Beach Road Paradise Point Road Main Bayview Road Jacobs Lane N. Bayview Road 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 0 Adopted Yes/Aye No/Nay Abstain Absent 0 Adopted as Amended Robert Ghosio Mover 21 11 0 0 May 6, 2014 Page 42 Southold Town Board Meeting ❑ Defeated James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P.Roland Voter ❑ ❑ 0 ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter ❑ 0 ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Comments regarding resolution 420 COUNCILMAN RULAND: Mr. Supervisor, I am going to recuse myself from voting on this item because my wife is on the Board of Directors for CAST. SUPERVISOR RUSSELL: I am going to cast a no vote with a very quick explanation. I think the organization that runs this is an excellent organization, you run a very fine event. But the Town Board adopted a policy and we adopted a policy for a reason. I don't know if you noticed on the agenda tonight, we just adopted or approved four separate special events elsewhere in Southold. The agenda two weeks ago included six special events. The problem is in Southold is it is a very, very wonderful community to hold events in but the sponge is full, there are only so many that we can accommodate. I am going to stick to the original policy which would have precluded this, so I vote no. 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 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 May 6, 2014 Page 43 Southold Town Board Meeting Appropriations: A.9901.9.000.100 Transfer to Capital Fund $63,000 and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Proiect 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 El Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Voter p ❑ ❑ 0 ❑ Supervisor's Appt James Dinizio Jr Mover El ❑ p 0 ❑ Tax Receiver's Appt William P.Ruland Seconder p ❑ ❑ ❑ Rescinded Jill Doherty Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter IZI ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-422 CA TE GOR Y.• Seqra 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 May 6, 2014 Page 44 Southold Town Board Meeting 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 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter Rl ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Seconder 10 ❑ ❑ ❑ ❑ Rescinded .till Doherty Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost May 6, 2014 Page 45 Southold Town Board Meeting 2014-476 CATE.GOR Y.• Enact Local Law DEPARTMENT. Town Clerk Enact Local Law WHEREAS there had been resented to the Town Board of the Town of Southold, Suffolk County,New York, on the 8t day of April, 2014, a Local Law entitled "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" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 6th day of May, 2014, at 7:32 p.m. at which time all interested persons were given an opportunity to be heard, now therefore, be it RESOLVED the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "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" which reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "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". 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 §280-58. Use regulations. May 6, 2014 Page 46 Southold Town Board Meeting 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 Enemy 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. (1) 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 May 6, 2014 Page 47 Southold Town Board Meeting 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 subiect 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: May 6, 2014 Page 48 Southold Town Board Meeting (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 [51 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 includingsolar olar 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. (i) 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. (1) 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 May 6, 2014 Page 49 Southold Town Board Meeting 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 pon 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, safetygeneral 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 productionsystems 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. IV. EFFECTIVE DATE May 6, 2014 Page 50 Southold Town Board Meeting 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 ❑ Defeated El Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Voter D _ ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter p ❑ ❑ ❑ ❑ Rescinded Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover 10 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost Next:6/3/14 7:30 PM VI. Public Hearings Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell PH 5/6/14 @7:32 PM LL/LI & LIO Solar Code History: 05/06/14 Town Board ADJOURNED Next: 06/03/14 NOTICE IS HEREBY GIVEN, there had been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 81h day of April, 2014, a Local Law entitled "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" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 6th day of May, 2014, at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones" reads as follows: May 6, 2014 Page 51 Southold Town Board Meeting LOCAL LAW NO. 2014 A Local Law entitled, `°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". 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 §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 screeningof f 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 clearlv 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 an of f 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 (1) Decommissioning/Removal: May 6, 2014 Page 52 Southold Town Board Meeting (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 productions std 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 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 j5l 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. May 6, 2014 Page 53 Southold Town Board Meeting (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 screeningof f 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. (1) 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 pon 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. May 6, 2014 Page 54 Southold Town Board Meeting (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 productionsystems 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 plana lications 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. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. NOTICE IS HEREBY GIVEN,there had been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 8th day of April, 2014, a Local Law entitled "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" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 6th day of May, 2014, at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar Energy Production Systems as a Special Exception Use in the Light Industrial and Light Industrial Office Zones" reads as follows: LOCAL LAW NO. 2014 A Local Law entitled, "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". 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. May 6, 2014 Page 55 Southold Town Board Meeting 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) The commercial solar energy system shall not be on a parcel of less than five Ll 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 torop vide year round screening of the system from adjacent properties. (fl 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. i htg s-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 concernin vgoltage 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 (1) Decommissioning/Removal: May 6, 2014 Page 56 Southold Town Board Meeting (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 enema 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 nd 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. May 6, 2014 Page 57 Southold Town Board Meeting 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 Ll 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. i htg s-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. (i) 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 (1) 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 May 6, 2014 Page 58 Southold Town Board Meeting 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 Mon 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 productionsystems pursuant to 280-5 8(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. IV. EFFECTIVE DATE May 6, 2014 Page 59 Southold Town Board Meeting This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. RESULT: ADJOURNED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Councilman Robert Ghosio,Jr. COUNCILMAN GHOSIO: I have an affidavit of posting from the Town Clerk and this was posted on the Town Clerk's bulletin signed by Ms. Neville. I have an affidavit of publication in the Suffolk Times newspaper and a copy of that is here signed by Karen Kine the principal clerk. I do have a memorandum here from the Planning Board, the Planning Board's recommendation and the SEQRA review has not yet been completed, so we will be, at the end of this public comments and I think we will have to table this in lieu of receiving the Planning Board's recommendation and SEQRA review. I do have a letter here from the LWRP coordinator and he is saying that the proposed local law has been reviewed and the proposed action is consistent with the following Local Waterfront Revitalization program policy standards and therefore is consistent with the LWRP. It refers to policy 13 promoting appropriate use in development of energy and mineral resources as well as promote alternative energy sources that are self- sustaining including solar and wind powered energy generation. And finally I have from Suffolk County Department of Planning, that a decision of local determination should not be construed as either an approval or disapproval but that the Suffolk County Planning Commission has considered this to be a matter for local determination as there is no apparent significant county- wide or inter-community impacts. I believe that is it. Supervisor Scott A. Russell SUPERVISOR RUSSELL: I would invite anybody that would like to address the Town Board on this particular local law to please feel free. Christian Wiedemann, S Power Sustainable Power Group CHRIS WEIDERMANN: Chris Weidermann, director of development with Sustainable Power Group. I would like to propose an alternative to the LI zoning ordinance and provide a little background LIPA's programs and why they are an alternative solution that (inaudible). I have a handout that I would like to give to the Town Board. So first just a very brief background on Sustainable Power Group, who we are. We are a leading renewable development firm located in (inaudible) with offices in Brooklyn. We have a solar portfolio under construction development operation (inaudible) and here in New York. We are financed by (inaudible) partners, private equity fund in New York City and I have over 2 gigawatts of solar projects under development across the US. As sort of a side note, we were the most successful business in the first round of the LIPA (inaudible) and we have one project that was awarded through that program (inaudible). So a quick overview on S Power's proposed alternative to the LI LIO zoning, obviously recognize kind of the scenic viewshed and the (inaudible) of Southold is very important to the town, we respect that and we respect the desire to protect the local ag land use. Due to the nature of LIPA's renewable program and the process they use to award ppa's, power purchase agreements, to projects, we think it may make sense as an alternative to the LI LIO zoning to have what we would call floating zoning overlay for solar. So this would be very May 6, 2014 Page 60 Southold Town Board Meeting similar to what the town currently has for affordable housing floating zone. Essentially it would be zoning overlay that would apply to specific parcels deems in its discretion are suitable for solar. And obviously this would, we think this is relevant because of kind of the process LIPA uses to award projects and I will provide a little bit of background on that as well, so the next slide,just a quick overview of how projects are awarded through LIPA's programs. As you guys may know, probably through being bombarded with speculative inquiries for solar development over the last two years, there is a fairly low barrier to entry to participate in these programs. There is a site (inaudible) requirements, there's inter-connection engineering requirement and there's a small application fee and that gets you in the program. And gets your name (inaudible). So (inaudible) entry is rampant speculation, a lot of developers that don't have financing aren't real, aren't viable and the result is probably the bombardment you guys have seen from developers over the last couple of years. It is also important to note that in LIPA's requirements, there's really no requirements from the local municipality to pre-approve the site for solar development. So a developer can propose a site that has good, you know, inter-connection capacity for the project to deliver energy but there is no requirement for the municipality to sign off. And that is probably one of the reasons you guys (inaudible) that we are talking about tonight is because we have been through the whole process with LIPA and their requirement does not include any of this (inaudible). So, that's why we have been under the radar a little bit but the point is lot's of speculation, (inaudible). The next slide you will see a summary of all of the programs that LIPA has offered, there are three. There was a (inaudible) in 2012 for 50 megawatts, there was 100 megawatt program that closed this past March and there was a 200 megawatt program that closed also pretty recently although that was more targeted for large scale renewables, also included wind and hydro and other technology. So really the first few programs shown there are the ones that would typically resulted in projects sited in Southold. The programs are totally closed, applications no longer be submitted and ppa's have all been awarded for those programs. So the interesting thing to note is that of all of th e speculative proposals LIPA received for those programs, there are only two that were awarded ppa's by LIPA. One, you guys are obviously aware of, the (inaudible) proposal at the landfill for 2 megawatts and that was from the more recent (inaudible) program and the other is S powers 3 megawatt facility which is located at, near Route 48 and Horton Lane on a sod farm. So of all the projects that were proposed to LIPA (inaudible) that have the opportunity to move forward and LIPA currently has no other programs planned for additional solar procurement. So it is worth noting because you know, I think the message I want to convey is that there has been a lot of speculation for these programs and I think it is fairly wise of the town to try to limit solar developments from kind of running rampant. I think the risk is that by limiting it too much, you can exclude projects that are otherwise very viable that can move forward. S power project for example (inaudible) this year has fully approved power purchase agreement and (inaudible) with LIPA which is something that can't be said for projects in the second round (inaudible). So a very high level of viability but this project does not fall within the LI LIO zoning restriction. So I think it is worth noting that opportunities for solar in Southold moving forward are actually quite limited despite the speculation. So, kind of the take away is really, you know, recognize that the town wants solar (inaudible) in the proposed code on the agenda tonight and we support that you know, despite the intense speculation, only two projects are moving forward in Southold. Additional solar development potential in the town is very limited and we as developer with a very viable project want to work with the town to identify a solution (inaudible) May 6, 2014 Page 61 Southold Town Board Meeting in a way that can allow projects that are viable to move forward without excluding those projects through a zoning code. And we think that promoting a renewable energy zone accomplishes that and allows the town to limit solar development in a way it wants. So I also included in the handout you received a few slides on S powers projects, vicinity map as well as a preliminary layouts, we have a visual analysis that we conducted to address kind of the site issues and the viewshed concerns that might (inaudible) to maintain the viewshed area. We think that is very important. So if the town is interested, S power would be willing to propose that language as an alternative code amendment for a solar overlay zone, that we request the town consider the alternative to the LI LIO zoning. And if you have any questions? COUNCILMAN DINIZIO: I have a question. Looking at your project, you say you are approved for that project? MR. WEIDERMANN: We are fully approved on the utility site, so LIPA awarded a power purchase agreement which is the contract by which we sell energy to the utility and an inter- connection agreement which is the agreement that essentially allows us to plug into the transmission system and those have already been fully approved and executed by the utility. So from their standpoint, we have all the authorizations necessary to deliver energy to the grid after we build, so really the only remaining development hurdle for this project is the land use approval. Everything else has been done. So that's what I mean by approval. Obviously land use is quite important to the over all process, as the utility approvals are actually very, very difficult to achieve which is why there has been so much fallout with these programs. And it is also, sorry, I should mention more thing, it's also the reason we didn't approach the town sooner you know, to sort of discuss this particular project because we didn't have those authorizations lined up until the beginning of this year and we didn't want to bring a project to the town that wasn't real. COUNCILMAN DINIZIO: 1, do you want some truth here or do you just want, I mean, we could just not discuss this but I am looking at a piece of land here that's probably 75% covered with solar panels. I mean, there's no way that happens in this town. MR. WEIDERMANN: I think in the proposed ordinance language there was an 80% coverage ratio. Is that.... COUNCILMAN DINIZIO: On LIO maybe. MR. WEIDERMANN: On LIO? COUNCILMAN DINIZIO: And that is very limited. We have very limited space in that. I mean, you are talking about a piece of ag land here that is probably 80 % of our town. MR. WEIDERMANN: Well, that is right. Certainly agricultural is a common use out here and we recognize that and that would be one of the special provisions in the overlay code, is it would have a coverage provision similar to the LIO (inaudible). We are certainly not proposing a sweeping overhaul of the agricultural zoning code or anything that would affect the town's ag May 6, 2014 Page 62 Southold Town Board Meeting land at large. We want to make it very limited to projects that have approvals from the utility and are able to be (inaudible). So it would limit the risk of opening it up, as I think you are concerned about. Opening up all the ag land in town to solar. COUNCILMAN DINIZIO: Thank you. Supervsior Russell SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on this local law? This hearing was adjourned at 8:45 PM until June 3, 2014 Closing Comments Supervsior Russell SUPERVISOR RUSSELL: That concludes the business of the agenda. Would anybody like to address the Town Board on any issue? Peter Terranova, Peconic PETER TERRANOVA: I am back. Peter Terranova from Peconic. In the past few weeks, there have been a number of news articles that have appeared of what some other towns are doing to address some of their environmental issues and shoreline erosion problems. That may have applicability at some point to similar issues here in Southold. You may have seen these articles, I made copies for everyone. The first one has to do with Scudder pond in Sea Cliff and what they are doing there may have applicability to Goldsmiths Pond at some point. So I made a copy of it for each Town Board member. The other one had to do with Quogue, what Quogue is doing or what they are looking at to address their shoreline erosion issues. There was a little article in Dan's papers, I don't know if you read them but then again, I went on the internet and I got some more information there. SUPERVISOR RUSSELL: Thank you. MR. TERRANOVA: The other thing that I and this is probably not Town Board business, but I was intrigued with what the Army Corps of Engineers did down at Bailie's Beach. You know, dredging the inlet. I don't know how many of you have been down there. Anyway, after the storm we had last week I said to my wife, hey, let's take a walk down to Bailie's Beach, I was interested to see, you know, how, because they are still in a winter beach mode. You know, the flat winter beach as opposed to the steep summer beaches. That is one of the reasons the water is going up so high in certain areas because they are still on a winter beach. In any case, walking down there and it is a wonder to behold, you know, you are talking about 100,000 cubic yards of sand, very, very impressive. I am halfway down the beach and I said to my wife, what is missing here? Sea grass. What the heck is going to hold that sand there? and I know this isn't the Town Board's purview but there happened to be a fellow there, a man and I believe he is one of the homeowners that lives up on the cliff and I said, are you going to plant sea grass here, there's none. Said, okay, the sand is going to move east. Probably inside about two years I give it. Anyway, just an observation. I don't know whether or not the Trustees get involved, I don't May 6, 2014 Page 63 Southold Town Board Meeting think the town got involved in the Army Corps contract or whether there was any, but I would hate to see a real nice stretch of beach get renourished like that and there be you know, no effort to keep it there. Of course, the same thing applies to town beach. I mean, I look at what the folks at Kenney's and McCabe's beach did in terms of the sea grass in front of their parking lot, you have got some nice dunes forming there and it is helping. It is helping, to stabilize the beach. I am just wondering when we had that sand brought in from Cross Sound ferry after the big storm, no sea grass? You know, it is that sea grass that when the winter comes and you get that north west wind and it hits the top of the crest and blows the sand, it is the sea grass that holds it there and then when you get the high tide it goes up and pulls it back down and the process repeats, that is how a dune is formed. And you know, I know from personal experience that you are not always successful. I mean, I remember as a kid even before the jetty was built, planting sea grass in front of my parents' house and every year I felt like Sisyphus rolling the rock up the hill because the water would come up, we would have a big storm, take out the sea grass. But you know what? You never know when you are going to get to a stretch of three, four, five years without a hurricane, without a major storm which allows that sea grass to take root and begin to form a dune. Okay? So I mean, I know from personal experience that it took us a long time to get our sea grass going even before the jetty was built and when people look at what we got, yeah, we go, we worked hard to get that. The folks at Kenney's beach, they are a little late getting started. Certainly it helped out the parking lot there at McCabe's and Kenney's. I don't know about in front of the other homes but better late than never. Anyway that is the message I have. Thank you. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Baord on any issue? John Betsch, Suothold JOHN BETSCH: John Betsch, Southold. I just want to thank the Board for accepting the responsibility of addressing and bringing to a conclusion, unlike the previous Town Board, of this EIS. I am also very confident in your ability to be able to separate rampant rhetoric from real fact. And the misinterpretation of facts. You go through all the studies, address the facts. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? Susan Geitz, Leeton Drive, Southold SUSAN GEITZ: Susan Geitz, Leeton Drive. I am not talking about the beach anymore. I was interested in the solar heating. I didn't quite understand what, when they were talking about down at the dumps, are they going to put up solar panels there and would that be for the town itself? SUPERVISOR RUSSELL: What it would be is we are basically leasing the land to a contractor who would install the photovoltaic arrays, not the whole capped landfill is suitable for photovoltaic array. They have already done their analysis, they have identified areas where the photovoltaic rays would be the most productive, they are entering into a land lease with Southold Town. Our income will come from that land lease. They would have a separate agreement or a separate arrangement with LIPA to sell the electric that they produce into the grid. May 6, 2014 Page 64 Southold Town Board Meeting MS. GEITZ: Oh, so it wouldn't be to the benefit of the town that they are installing these, it would provide you with the power? SUPERVISOR RUSSELL: No, the power would go into the grid to be distributed among all the users. Their benefit is that they will be able to sell the electric to LIPA. Our benefit is, the taxpayers benefit is that we get to generate revenue on what is basically a dormant site. MS. GEITZ: Okay. My daughter lives in Rhode Island and I go through Portsmouth on my way there and they have, on the school grounds, these huge towers, wind towers and I understand it generates the power for the whole school system and in Portsmouth, at Portsmouth abbey, they have another one and they produce so much power with this one wind thing, that they sell it to the power company and I was wondering if Southold, because we get so much wind out here, if we ever considered something like that? SUPERVISOR RUSSELL: We would. There is a couple of problems, first, wind technology is in its infancy. It hasn't made the strides as photovoltaic arrays have. Secondly, in order to put a wind turbine up and make it worthwhile, is the ability to sell the electric you are not consuming on site. What's it called? Net meter. To my knowledge, it is not available right now to individual property owners. So if Southold Town were to put a wind turbine up at the highway yard, any benefit that we get would be the electric that we consume on site. It's a very small amount of the electric that that machine produces, what will invariably happen is you are going to be feeding a lot of electric into a grid that you are not going to get the economic benefit from and when you weigh that against the cost of the installation of these machines, it is just economically not compelling. Photovoltaic arrays are different, they (inaudible), there is a solar program through LIPA. Greenport high school has a very elaborate photovoltaic array on its roof. And then you can walk in there and see a monitor of every one showing how much they are saving in terms of electric use. MS. GEITZ: Yeah, I just wondered if that would be something for Southold. SUPERVISOR RUSSELL: But the wind and solar discussions are a little bit different because the technology just isn't there for wind yet. MS. GEITZ: Alright. And the other thing is, PSEG has, I don't know whether it is still LIPA or whether it is PSEG anymore but since you see PSEG and our bill is PSEG, the rate seems to have gone up significantly and I was wondering if there was anything that the various towns and the county could do to get on their case about what is happening. SUPERVISOR RUSSELL: Public Service Commission of the State of New York. That would be the body that would have the oversight. MS. GEITZ: Okay. Thank you very much. Supervisor Russell May 6, 2014 Page 65 Southold Town Board Meeting SUPERVISOR RUSSELL: Who else would like to address the Town Board on any issue? (No response). Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 9:01 P.M. E ' beth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell