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HomeMy WebLinkAboutTB-06/03/2014 ELIZABETH A.NEVILLETown Hall, 53095 Main Road TOWN CLERK ��o�gpFFO(�cOGy PO Box 1179 Southold,NY 11971 REGISTRAR OF VITAL STATISTICS c Fax(631)765-6145 MARRIAGE OFFICER y�Yp1 ,�yo� Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING June 3, 2014 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, June 3, 2014 at the Meeting Hall, Southold,NY. Call to Order 7:30 PM Meeting called to order on June 3, 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 Elizabeth A. Neville Town of Southold Town Clerk Present Martin D. Finnegan Town of Southold Town Attorney Present I. Reports 1. Justice Rudolph H. Bruer 2. Zoning Board of Appeals 3. Recreation Department Monthly Report II. Public Notices 1. NYS Liqour License - New Application June 3, 2014 Page 2 Southold Town Board Meeting III. Communications IV. Discussion 1. 9:00 Am - John Sepenoski 2. 9:30 Am - Michael Collins 3. 10:00 Am - Leslie Weisman 4. 10:15 Am - Mark Terry 5. 10:45 Am -Jeff Standish 6. 10:30 Am - Matthew Hetterich, Utopia Home Care 7. 11:00 Am - Constantine Macris 8. 11:30 Am - Chris Baiz 9. 11:45 Lloyd Reisenberg & Chief Martin Flatley 10. 4 Requests for Special Event Fee Waivers 11. Regional Plastic Bag Ban 12. 5/22 Peconic Estuary Program Policy 13. Local Development Corporation (LDC) 14. 12:00 Pm - Lloyd Reisenberg and Mark Terry 15. Southold 375Th Anniversary 16. Helicopter Traffic 17. Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 12:55 PM for the purpose of discussing the following matters: Labor—matters involving employment of particular person(s) Page 2 June 3, 2014 Page 3 Southold Town Board Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 18. 12:30 Pm - EXECUTIVE SESSION - Labor-Matters Involving Employment of Particular Person/S 19. Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 1:37PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 20. Motion To: Recess 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby Recess this 9:00 AM meeting of the Town Board at 1:37 PM until the Regular 7:30PM 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 Pledge to the Flag 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: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Special Presentation Supervisor Scott A. Russell Page 3 June 3, 2014 Page 4 Southold Town Board Meeting SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance to the Flag. Thank you. Before we get to the business of the agenda we are going to have a few special presentations. The first one is for a lady who is retiring after 30 years of working for town government. I have to tell you, she is not just a co-worker, she is a very close friend. I am going to invite Linda to come on up, please. `Whereas the Town Board of the Town of Southold wishes to recognize Linda J. Cooper a most dedicated employee as she retires from the position of Senior Administrative Assistant after 30 years of service for Southold Town and whereas Linda has given generously of her time and talents with faithful service to the Town of Southold since May 2, 1984 and whereas Linda has become part of the fabric of Southold Town government distinguishing herself among her peers with genuine concern for others, her wise counsel and her kind spirit and whereas Linda will be sorely missed by the public, her co- workers and the many Boards and Committees of the Town that value her pleasant manner and wealth of knowledge. Her record of fine service to the Town of Southold and its people deserves the sincere gratitude of those with whom and for whom she has worked, now therefore be it resolved that the Town Board of the Town of Southold hereby extends their sincere appreciation and wishes Linda J. Cooper a healthy, happy and prosperous retirement.' Congratulations. On a personal note, I've known Linda for 23 years, we are losing one of the finest workers we have. I would now like to invite the Anti-Bias Task Force to come on up and make a special presentation. Linda J. Cooper Thank you. Anti-Bias Task Force Presentation to James McKenna Carolyn Peabody, Anti-Bias Task Force Committee CAROLYN PEABODY, SOUTHOLD TOWN ANTI-BIAS TASK FORCE MEMBER: On behalf of the Southold Town Anti-Bias Task Force, we acknowledge to you James McKenna for supporting Southold Town's wishes to become a bias free community. You have been a good friend to the Anti-Bias Task Force of Southold Town in words and in deeds and by the power of the (inaudible) We applaud your decision to participate in training about racism (inaudible) in our community. We applaud that as a result of your leadership, faculty, staff and students have benefitted, growing in open mindedness. We applaud that you have taken initiative to establish (inaudible) Mattituck-Cutchogue School District. We applaud that you have worked to make sure (inaudible) are thoughtfully carried out. We applaud that you arranged for the screening of the 2011 documentary `Bully' which was mandatory for all students in Mattituck. We, the Anti- Bias Task Force of Southold Town acknowledge and are heartened that your leadership within the school community has contributed to the (inaudible) as a bias free community. Especially in that this vision is shared and affirmed throughout an institution that touches many lives in our community. It is with gratitude and appreciation that we wish you a long and happy retirement and welcome your continued support. And thank you for continually inspiring out work. Thank you so much. James McKenna, JAMES MCKENNA: First of all, I am humbled and I am honored to receive such an award from this distinguished group. you know, contrary to popular opinion, over the years, sometimes Page 4 June 3, 2014 Page 5 Southold Town Board Meeting some situations that have come up that have been a little uncomfortable, sometimes (inaudible) out of our comfort zone and I look at those, those challenges, as an opportunity. I spoke to Caroline about a week ago about aha moments, where you say, okay, I thought we were doing it right but maybe we can do a little bit better job. Over the years I have learned that the shared purpose in school is to learn well, stay safe, have kids participate so they can graduate. And when it comes to learning well, are we providing equity for all kids when they are in school to take advantage of what we have to offer. Well, I consider saying safe (inaudible) that's kind of where the bullying movie came in and of course, (inaudible) and make him graduate. I learned a couple of things, number one when we sit down at a meeting, who's not in the room, who's not at the table, who's not with us? Should we be extending an invitation to them? If they won't come to us, what can you do to help them? I learned over the years that if you take away the kids hope, you've taken away everything. And so you have got to be reaching out to them and to their families and the community and I think Mattituck, the Mattituck-Cutchogue school district and therefore the north fork and Southold Town (inaudible). And I thank you and I think (inaudible) I am going to cherish these memories for a long time, so thank you. Comprehensive Plan Meeting Date Announcements Supervisor Russell Opening Comments Supervisor Russell SUPERVISOR RUSSELL: Sure. Would anybody else like to address the Town Board on any of the agenda items? (No response) Debbie O'Kane,President, North Fork Audubon Society DEBBIE O'KANE: Good evening, my name is Debbie O'Kane and I am president of the North Fork Audubon Society. I don't have a question or a comment about an agenda item but I do have a quick question, I know that the work session this morning, there was an item on the agenda that was tabled regarding the single use plastic bag legislation and my question is, do you have a date set for when that will be revisited? SUPERVISOR RUSSELL: Yes, unfortunately I had put that on the agenda to update the Board on what is basically an east end initiative. I couldn't make the work session, I had a conflict I couldn't get out of. So I tabled that for two weeks so that I could be there to present to the Board a complete understanding of what the five east end towns are looking at now. That was my mistake but it will be on in two weeks. MS. O'KANE: In two weeks? SUPERVISOR RUSSELL: Yes. MS. O'KANE: Sounds good, great. Okay. Thank you. Supervisor Russell Page 5 June 3, 2014 Page 6 Southold Town Board Meeting SUPERVISOR RUSSELL: Before we get the meeting underway, I just want to quickly announce that many of you are probably already aware we are having hamlet based community input meetings to discuss land use and zoning as part of the comprehensive master plan. The next meeting is going to be Thursday, at 7:30 PM at Cutchogue East elementary school. We would encourage everyone to participate in this very important chapter of the comp plan. After that, we are going to have the meeting Saturday June 14th at Poquatuck Hall, that's at 10:00 AM in Orient and then a meeting for New Suffolk will be Saturday the 28th at the New Suffolk School. With that, I am going to ask anybody that would like to address any of the agenda items to please feel free? V. Resolutions 2014-473 CATEGORY.- Audit DEPARTMENT. Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated June 3 2014. ✓Vote Record-Resolution RES-2014-473 0 Adopted ❑ Adopted as Amended 11 Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Seconder. 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland 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 2014-474 CATEGORY. Set Meeting DEPARTMENT.• Town Clerk Set Next Regular Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, June 17, 2014 at the Southold Town Hall, Southold,New York at 4:30 P.M.. Page 6 June 3, 2014 Page 7 Southold Town Board Meeting ✓Vote Record-Resolution RES-2014-474 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio ' Seconder Q ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt ❑ Tax Receiver's Appt William P.Roland Voter Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-475 CATEGORY.• Seqra DEPARTMENT: Town Attorney SEQRA LL/LI&LIO Commercial Solar Energy Production Systems WHEREAS, it is the intent of the Town Board of the Town of Southold to allow Commercial Solar Energy Production Systems as a use in the Light Industrial ("LI") and Light Industrial Office ("LIO") Zoning Districts to support the Town's goals and policies and the efforts of LIPA (now PSEG) to reduce reliance on fossil fuels and allow the privatization of generation of renewable energy; and WHEREAS, the Town of Southold has developed goals and objectives to broaden the opportunities for renewable energy uses in the Town as outlined in the recently drafted Natural Resources and Environment Chapter of the Comprehensive Plan; and WHEREAS, the Town of Southold Local Waterfront Revitalization Program (2005) establishes Town policies that support the promotion of solar energy generation; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby establishes itself as lead Agency and classifies the action as a Type I action pursuant to State Environmental Quality Review §617.4 Type I actions (b) (2); and be it further RESOLVED that the Town Board of the Town of Southold coordinated the action pursuant to §617.6 Initial review of actions and no significant comments were received; and be it further RESOLVED 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" will not result in significant impacts on the environment and issues a Negative Page 7 June 3, 2014 Page 8 Southold Town Board Meeting Declaration for the action and authorizes Supervisor Scott A. Russell to sign the Full Environmental Assessment Form; and be it further RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed action is consistent with the Town of Southold Local Waterfront Revitalization Program (LWRP)pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. ✓Vote Record-Resolution RES-2014-475 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Roland Seconder 0 ❑ ❑ ❑ Rescinded Jill Doherty Mover 0 0 p ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ p ❑ No Action ❑ Lost ......._................_..._.__. 2014-477 CATEGORY.• Bid Acceptance DEPARTMENT.- Town Clerk Surplus Equipment- Chevy Cavalier RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution#2014- 457 in it's entirety which read: WHEREAS the Town Board declared Asset#2330, 1998 Chevy Cavalier as surplus equipment and no bids were received, now therefor be it RESOLVED that the Town Board of the Town of Southold authorizes the disposal of same. ✓Vote Record-Resolution RES-2014-477 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated Robert Ghosio Voter 0 ❑ ❑ ❑ Tabled James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn William P.Roland Mover 0 ❑ ❑ 0 ❑ Supervisor's Appt Jill Doherty Voter 0 ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Seconder El ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Page 8 June 3, 2014 Page 9 Southold Town Board Meeting ❑ No Action ❑ Lost 2014-478 CATEGORY.- Employment-Town DEPARTMENT: Police Dept Police Department-Appoint Seasonal Police Officer RESOLVED that the Town Board of the Town of Southold hereby appoints Jacob Bogden to the position of Seasonal Police Officer for the Southold Town Police Department, effective June 4, 2014 through September 14, 2014, at a rate of$20.81 per hour. ✓Vote Record-Resolution RES-2014-475 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Seconder 0 ❑ ❑ 0 ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter El 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 2014-479 CATEGORY.• Budget Modification DEPARTMENT.• Police Dept Police Department-Budget Modification Financial Impact.- Modification mpact:Modification needed to transfer funds from the Police Officer Training budget line into the PD Meetings and Seminars line in anticipation of upcoming meetings for 2014 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 General Fund Whole Town budget as follows: From: A.3120.4.600.200 Police, Miscellaneous Page 9 June 3, 2014 Page 10 Southold Town Board Meeting Police Officer Training $3,000 TOTAL $3,000 To: A.3120.4.600.225 Police, Miscellaneous Meetings & Seminars $3,000 TOTAL $3,000 ✓Vote Record-Resolution RES-2014-479 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.Ruland Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter EI ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-480 CATEGORY. Committee Appointment DEPARTMENT. Town Attorney Creation and Appointments to LDC WHEREAS, it is a public and governmental purpose for the Town of Southold (the "Town"), in the County of Suffolk, to promote economic development, to reduce unemployment and promote job creation, to provide health, educational and cultural opportunities, provide assistance for the needy, and to foster the delivery of goods and services to the citizens of the Town; and WHEREAS, not-for-profit organizations perform many important roles in the Town, including creating jobs, providing educational and health care facilities, providing affordable housing, assisting the elderly, assisting the needy, supporting the arts, providing sports and recreational facilities, assisting businesses, and generally easing the burdens of government; and WHEREAS, Section 1411 of the Not-For-Profit Corporation Law of the State of New York authorizes any one or more counties, cities, towns or villages of the state to cause not-for-profit corporations to be incorporated by public officers or private individuals, and that in carrying out the purposes set forth in Section 1411 of the Not-For-Profit Corporation Law such corporations will be performing an essential governmental function; WHEREAS, the Town believes that it is necessary and desirable to support not-for-profit organizations located in the Town by providing access to the capital markets (including both Page 10 June 3, 2014 Page 11 Southold Town Board Meeting taxable and tax-exempt markets) for such not-for-profit organizations to assist these entities in (i) maintaining operations in the Town, (ii) improving, replacing or expanding operations within the Town and (iii) establishing new operations within the Town; and WHEREAS, in order to promote and achieve the objectives of the Town set forth above, it is in the interests of the Town to establish a not-for-profit local development corporation pursuant to Section 1411 of the Not-For-Profit Corporation Law of the State of New York; NOW THEREFORE, the Town Board of the Town of Southold hereby resolves and directs as follows: 1. On behalf of the Town of Southold there shall be formed, under Section 1411 of the Not-For-Profit Corporation Law of the State of New York, a not-for-profit local development corporation (the "Corporation") which shall be named Southold Local Development Corporation or such other name as may be approved by the Town Board, that shall act as a governmental issuer of debt (the interest on which may be either taxable or non-taxable) for the purpose of providing assistance in financing projects of not-for-profit organizations to be located partially or entirely within the Town, and for providing such other tax exemptions and benefits as may be available under federal law and the laws of the State of New York. The Corporation shall be an instrumentality of the Town. 2. The Corporation shall have one class of members. The Town shall be the sole member(the "Sole Member"). Actions on behalf of the Town as the Sole Member shall be taken by the Town Board or its designee, including but not limited to the Supervisor of the Town. 3. The Corporation shall be managed by a board of directors (the "Board"). The Board shall consist of not more than seven (7) nor fewer than three (3) directors. 4. The Town Board of the Town of Southold hereby approves the following individuals as the initial directors of the Corporation: Jeanne Kelley, Stephen Latham, Noreen McKenna, John Schopfer, and Rona Smith 5. Obligations of the Corporation (including debt obligations) shall not be a debt or liability of the Town, nor shall the Town be a guarantor of any obligations (including debt obligations) of the Corporation. 6. The Corporation shall have all of the powers and authority provided under the Not- For-Profit Corporation Law of the State of New York to not-for-profit corporations formed under Section 1411 of such law, including but not limited to the power to borrow money and to issue negotiable bonds, notes and other obligations therefore in furtherance of its corporate and governmental purposes. 7. In performing its duties the Corporation shall be performing an essential governmental function. ✓Vote Record-Resolution RES-2014-480 D Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Tabled James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Withdrawn William P.Ruland Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Voter D ❑ ❑ ❑ Page 11 June 3, 2014 Page 12 Southold Town Board Meeting ❑ Rescinded Scott A.Russell Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Comment regarding resolution 480 COUNCILMAN GHOSIO: I know that I wasn't on the Board when you folks started this but process to do this but having worked for several non-profits in my life, I am proud to be on the Board that ultimately set this up. This is going to be a great opportunity for the non-profits in town to continue doing what they do and definitely shows the town board support for all the work that they do in the community. I just wanted to say that, I also wanted to say that the folks that interviewed and volunteered their time to serve on this Board where extremely qualified and we are very lucky to have people like that in this community willing to volunteer their time to take on a role such as this. 2014-481 CATEGORY. Bid Acceptance DEPARTMENT: Town Clerk Accept Bid for Chevy Cavalier RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of David DeFriest in the amount of$759.00 for the asset 42330, 1998 Chevy Cavalier. ✓Vote Record-Resolution RES-2014-481 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 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Seconder El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-482 CATEGORY. Employment -Town DEPARTMENT: Accounting Page 12 June 3, 2014 Page 13 Southold Town Board Meeting Appoint Lori McKiernan PT Tax Cashier RESOLVED that the Town Board of the Town of Southold hereby appoints Lori McKiernan to the position of a Part Time Tax Cashier for the Tax Receivers' Office effective June 4, 2014, at a rate of$16.56 per hour, not to exceed 17.5 hours per week. ✓Vote Record-Resolution RES-2014-482 El Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Voter p ❑ ❑ b ❑ Supervisor's Appt James Dinizio Jr Voter p ❑ p ❑ Tax Receiver's Appt William P.Roland Mover p ❑ ❑ 0 ❑ Rescinded Jill Doherty Seconder p p 0 p ❑ Town Clerk's Appt Louisa P.Evans Voter p ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A.Russell Voter D ❑ ❑ p ❑ No Action ❑ Lost ....................... 2014-483 CATEGORY.- Employment-Town DEPARTMENT.- Accounting Amend Resolution No. 2014-321 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2014-321 to read as follows: WHEREAS,the State of New York has set additional reporting requirements in Section 315.4 of the New York Codes,Rules and Regulations which requires all elected and appointed officials whose terms start on or after August 12, 2009, who are members of the New York State and Local Retirement System and who do not participate in their employer's time keeping system to prepare a log of their work-related activities for three consecutive months and submit their logs to the clerk or secretary of the governing body within 150 days of the start of their term; NOW THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold hereby establishes the following as standard workdays for elected and appointed officials and will report the following days worked to the New York State and the Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Title Name Standard Term Begins/ Participates in Days/Month(based on Work Ends Employer's Record of Activities) Day Time Keeping Page 13 June 3, 2014 Page 14 Southold Town Board Meeting (Hrs/day) System Town Board Member Robert Ghosio Jr. 6 l/1/14-12/31/17 N 14.73 Justice William Price 6 1/l/14-12/31/17 N 17.74 Superintendent of Vincent Orlando 8 1/1/14-12/31/17 N 26.21 Highways BE IT FURTHER RESOLVED,that said standard is being established to meet the accounting requirements of the New York State Employees Retirement System for calculation of retirement benefits, and BE IT FURTHER RESOLVED,that the Town Clerk be and she hereby is authorized to send a certified copy of this resolution to the New York State Employees Retirement System. I, Elizabeth A. Neville, Town Clerk of the governing board of the Town of Southold of the State of New York, do hereby certify that I have compared the foregoing with the original resolution passed by such board, at a legally convened meeting held on the 22"d day of April 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 22"d day of April 2014. SEAL Elizabeth A.Neville Town Clerk Town of Southold ✓Vote Record-Resolution RES-2014-483 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Seconder ❑ ❑ ❑ p ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland 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 2014-484 (ATEGORY. Contracts, Lease &Agreements DEPARTMENT: Engineering Page 14 June 3, 2014 Page 15 Southold Town Board Meeting Change Order 42 Dike Rehabilitation Project RESOLVED that the Town Board of the Town of Southold hereby approves Change Order#2 to the Town of Southold Dike Rehabilitation Project Contract with L.K. McLean Associates, P.C. in the net amount of$9,000.00, pursuant to their letter dated May 27, 2014, subject to the approval of the Town Attorney and Town Engineer. ✓Vote Record-Resolution RES-2014-484 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.Ruland Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter E1 ❑ ❑ ❑ ❑ No Action _ ❑ Lost 2014-485 CATEGORY: Public Service DEPARTMENT: Town Clerk Approve the Issuance of a Fireworks Permit by the Town Clerk to the Mattituck Lions,for Fireworks Displays on June 13 and June 14, 2013 (Friday and Saturday) RESOLVED the Town Board of the Town of Southold hereby approves the issuance of a fireworks permit by the Town Clerk to the Mattituck Lions, for fireworks displays on Friday, June 13 and Saturday, June 14, 2014 in conjunction with the Mattituck Lions' Strawberry Festival, on the northeast side of Strawberry Field, Mattituck,New York upon the payment of a fee of$200, subject to the applicant's compliance with the requirements of the Town's policy regarding the issuance of fireworks permits and subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2014-485 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated ❑ Tabled Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Mover 0 ❑ ❑ ❑ William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt ❑ Rescinded Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action Page 15 June 3, 2014 Page 16 Southold Town Board Meeting ❑ Lost 2014-486 CATEGORY.• Public Service DEPARTMENT. Town Clerk Fireworks Permit to the Greenport Fire Department for Fireworks Display on July 4 and S, 2014 RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a fireworks permit by the Town Clerk to Phoenix Hook& Ladder Company No. 1 and Relief Hose Company No. 2 of the Greenport Fire Department, for a fireworks display on Friday, July 4th and Saturday, July 5th 2014, at Greenport High School's field, payment of a fee of$200, subject to the applicant's compliance with the requirements of the Town's policy regarding the issuance of fireworks permits and subject to the approval of the Town Attorney and the Fire Marshal. ✓Vote Record-Resolution RES-2014-486 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter EI ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter CSI ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Seconder El 11 ❑ ❑ Rescinded Jill Doherty Mover El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-487 CATEGORY: Close/Use Town Roads DEPARTMENT. Town Clerk Fleetsneck Property Owners 5K Fun Run Financial Impact.- Total mpact:Total Police Cost for the Event = $289.13 RESOLVED the Town Board of the Town of Southold hereby grants permission to Fleetsneck Property Owners Association to hold a 5K Fun Run in Fleetsneck, Cutchogue on Saturday August 16, 2014, beginning at 9:00 AM, and to use the following route: begin at Pequash Park, Pequash Avenue, Southern Cross Road, Holden Avenue, West Road, West Creek Road, Old Pasture Road, First Street, Stillwater, Fleetwood Road, provided applicant meets all of the Page 16 June 3, 2014 Page 17 Southold Town Board Meeting requirements as listed in the Town Policy on Special Events and Use of Recreation Areas and Town Roads. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees with the exception of the clean-up deposit will be waived for this event. ✓Vote Record-Resolution RES-2014-487 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 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 2014-488 CATEGORY. Close/Use Town Roads DEPARTMENT. Town Clerk Pack 39- Cubmobile Race RESOLVED that the Town Board of the Town of Southold hereby grants permission to Pack 39 Cub Scouts to hold its annual Cubmobile Race on June 7, 2014 from 8:OOAM 12:OOPM, provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All Town fees for this event, with the exception of the Clean-up Deposit, are waived. ✓Vote Record-Resolution RES-2014-488 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 Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Page 17 June 3, 2014 Page 18 Southold Town Board Meeting 2014-489 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Cutchogue-New Suffolk Historical Council to Close Cases Lane Financial Impact: Police Department Cost for Event = $329.20 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Cutchogue-New Suffolk Historical Council to close Cases Lane from Cedar Road to Main Road, Cutchogue, from 7:30 AM to 5:30 PM for its Annual Antiques Show and Sale, on Saturday, July 5, 2014, provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All Town fees for this event, with the exception of the Clean-up Deposit, are waived. ✓Vote Record-Resolution RES-2014-489 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Mover 21 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 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 2014-490 CATEGORY.• Close/Use Town Roads DEPAR7MENT: Town Clerk Grant Permission to the Oysterponds Historical Society to Hold a Heritage Day Parade on July 6, 2014 Financial Impact: Police Department Cost for the Event = $134.85 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Oysterponds Historical Society to use the following route for its Heritage Day Parade in Orient on Sunday, July 6, 2014 staging to begin at 11:30 am on Oysterponds Lane, from there to Main Road to Village Lane to the end of Village Lane, provided they follow all the conditions Page 18 June 3, 2014 Page 19 Southold Town Board Meeting in the Town's Policy for Special Events on Town Properties Failure to comply with the conditions will result in the forfeiture of the clean-up deposit and denial of future requests. In addition, the police will post"No Parking" signs the night before the event as requested. All Town fees for this event are waived with the exception of the clean-up deposit. ✓Vote Record-Resolution RES-2014-490 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Voter p ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Mover ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Roland Seconder El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter lZ ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-491 CATEGORY. Authorize to Bid DEPARTMENT: Highway Department Road Treatment Bid 2014-15 Resolved that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to advertise for various road treatment bids including Type 6 Hot Mix Asphalt& Oil /stone for the calendar year 2014-15. ✓Vote Record-Resolution RES-2014-491 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter El ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Seconder Q ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover l ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter l ❑ ❑ ❑ 11 Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost Page 19 June 3, 2014 Page 20 Southold Town Board Meeting 2014-492 CATEGORY: Landfill Misc. DEPARTMENT: Solid Waste Management District Proposal for Petition to DEC on LF Groundwater Sampling RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Dvirka and Bartilucci Consulting Engineers to prepare a petition to the New York State DEC for a reduction in quarterly groundwater sampling around the Cutchogue landfill based on an assessment of historical data indicating less frequent and lower concentrations of detection of leachate indicators, approval of which is estimated to save hundreds of thousands of dollars over the remaining 20 years of required testing, at a cost not to exceed $5,550, all in accordance with the Town Attorney. ✓Vote Record-Resolution RES-2014-492 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 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter EI ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 21 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-493 CATEGORY. Committee Appointment DEPARTMENT: Town Clerk HPC Appointment RESOLVED that the Town Board of the Town of Southold hereby appoints Edward Webb to the vacant position on the Historic Preservation Commission, effective immediately, term to expire March 31, 2017. ✓Vote Record-Resolution RES-2014-493 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended -- ❑ Defeated Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Tabled James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt till Doherty Voter Rl ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Mover D ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter 0 ❑ ❑ ❑ Page 20 June 3, 2014 Page 21 Southold Town Board Meeting ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-494 CATEGORY.• Attend Seminar DEPARTMENT Police Dept Police Department-Training Request RESOLVED that the Town Board of the Town of Southold hereby grants permission to Police Officer William Brewer to attend a seminar on Child Passenger Safety in West Babylon, NY, on June 6,2014. All expenses for registration, travel to be a legal charge to the 2014 Juvenile Aid budget line A.3157.4.600.200. ✓Vote Record-Resolution RES-2014-494 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Mover El ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter 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 D ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-495 CATEGOR Y.• Employment-Town DEPARTMENT: Recreation Appoint Seasonal Staff Recreation Department RESOLVED that the Town Board of the Town of Southold hereby appoints the following 2014 seasonal summer staff for the period June 28 - September 1 as follows: STILLWATER LIFEGUARD HOURLY SALARY 1. Aileen Rosin (1 st year)....................................... $12.17 Page 21 June 3, 2014 Page 22 Southold Town Board Meeting ✓Vote Record-Resolution RES-2014-495 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Mover El ❑ ❑ ❑ ❑ 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 Mover 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-496 CATEGORY. Employment-Town DEPARTMENT. Accounting Amend Resolution No. 2014-435 Financial Impact: Lucy Casey name incorrect should read Lucy Martin RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2014-435 correcting the name of a 1St Year Lifeguard from Lucy Casey to Lucy Martin as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints the following 2014 seasonal summer staff for the period June 28 - September 1 as follows: STILLWATER LIFEGUARDS HOURLY SALARY 1. Connor Almberg (1 st year)................................... $12.17 2. John Baglivi (2nd year)....................................... $12.44 3. Lucy Clasey Martin (1 st year)................................. $12.17 4. Nicholas Chylinski (3rd year)................................ $12.72 5. Markis Croteau(3rd year).................................... $12.72 6. Hannah Fitzgerald (1st year)................................. $12.17 7. Mally Fogarty (3rd year)...................................... $12.72 8. Katharine Freudenberg (3rd year)........................... $12.72 9. Dylan Hahn (3rd year)......................................... $12.72 10. Ernest Kozlowski (2nd year).................................. $12.44 11. Roy Lebkuecher(2nd year).................................... $12.44 12. Michel Liegey (4th year)...................................... $12.99 13. Sean Moran (1 st year)........................................ $12.17 14. John Nolan (3rd year)......................................... $12.72 Page 22 June 3, 2014 Page 23 Southold Town Board Meeting 15. Mallaigh Nolan (2nd year).................................... $12.44 16. Siobhan Nolan (2nd year).................................... $12.44 17. Jessica Orlando (7th year).................................... $13.82 18. Julia Orlando (3rd year)....................................... $12.72 19. Kevin Schwartz(4th year)..................................... $12.99 20. Greg Sheryll (1 st year).......................................... $12.17 21. Patrick Sinclair(2nd year)..................................... $12.44 22. Breton Worthington (5th year)................................ $13.27 BEACH ATTENDANTS 1. Mary Bertschi (3rd year)...................................... $9.75 2. Joshua Hassildine (1st year)................................... $9.42 3. Caroline Metz(2nd year)....................................... $9.58 4. Sidney Mulvaney (1st year)................................... $9.42 5. Jessica Rizzo (2nd year)....................................... $9.58 6. Ally Robins (1st year)........................................... $9.42 7. Natalie Troisi (2nd year)....................................... $9.58 BEACH MANAGERS 1. Tim McElroy (7th year)........................................ $15.34 2. Will Seifert(4th year).......................................... $14.44 LIFEGUARD TRAINER 1. Meg Sautkulis (5th year).. .. .... $16.74 .......... ..... ..... .......... ✓Vote Record-Resolution RES-2014-496 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 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 2014-497 CATEGORY.• Employment-Town DEPARTMENT. Accounting Accepts Resignation of Geroline Markiewicz RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Geroline Markiewicz from the position of Full Time Mini Bus Driver for the Human Resource Center, effective May 30, 2014. Page 23 June 3, 2014 Page 24 Southold Town Board Meeting ✓Vote Record-Resolution RES-2014-497 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 El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Mover 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter D ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-498 CATEGORY. Employment-Town DEPARTMENT. Accounting Appoint Provisional Assessment Clerk WHEREAS the Suffolk County Department of Civil Service has established that there is no eligible list for Assessment Clerk, and WHEREAS the Town Board of the Town of Southold has determined that the Town should fill the Assessment Clerk position for the Assessors Department with a provisional appointment, and has received permission from Suffolk County Department of Civil Service to make said provisional appointment, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Amy Maguire- Burns to the position of provisional Assessment Clerk for the Assessors Department, effective June 5 2014 at a rate of$35,766.63 per year. ✓Vote Record-Resolution RES-2014-498 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 D ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost Page 24 June 3, 2014 Page 25 Southold Town Board Meeting 2014-499 CATEGORY. Refund DEPARTMENT: Town Clerk Return of Clean-Up Deposit for a Beach Wedding WHEREAS Frank A. Perrone supplied the Town of Southold with a Clean-up Deposit fee in the amount of$250.00 for his Beach Wedding at Southold Town Beach and WHEREAS the Southold Town Recreation Director Ken Reeves has informed the Town Clerk's office that this fee may be refunded, now therefore be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of$250.00 to Frank A. Perrone, P O Box 651, Southold,New York 11971. ✓Vote Record-Resolution RES-2014-499 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.Ruland Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-500 CATEGORY. Employment-Town DEPAR7MENT: Accounting Authorizes PT Minibus Driver Vito DiVello to Work FT WHEREAS the Town's Programs for the Aging's driver pool is short employees and the Town Board has determined that the Program's pool requires full-time coverage until pool is refilled in approximately 4 weeks, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes Part-Time Mini Bus Driver Vito M. DiVello to work full-time to cover this shortage starting on June 4, 2014; rate of pay at Mr. DiVello's existing rate of$16.93 per hour. Page 25 June 3, 2014 Page 26 Southold Town Board Meeting ✓Vote Record-Resolution RES-2014-500 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Seconder 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-501 CATEGORY. Public Service DEPARTMENT. Town Clerk Appoint Albert J. Krupski, Jr. as a Temporary Marriage Officer RESOLVED the Town Board of the Town of Southold hereby appoints Albert J. Krupski, Jr. as a Temporary Marriage Officer for the Town of Southold, on June 21, 2014 only,to serve at no compensation. ✓Vote Record-Resolution RES-2014-501 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.Roland Voter El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover D ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-502 CATEGORY. Refund DEPARTMENT. Town Clerk Return of Clean-Up Deposit to New Suffolk Waterfront Fund Page 26 June 3, 2014 Page 27 Southold Town Board Meeting WHEREAS the New Suffolk Waterfront Fund supplied the Town of Southold with a Clean-up Deposit fee in the amount of$210.00 for its Annual ChowderFest and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that this fee may be refunded, now therefore be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of$210.00 to New Suffolk Waterfront Fund, Inc., P. O. Box 146,New Suffolk,New York 11956 ✓Vote Record-Resolution RES-2014-502 m Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Voter El ❑ ❑ ❑ ❑ 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. El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-503 CATEGORY. Public Service .DEPARTMENT. Town Clerk Appoint Marriage Officer RESOLVED that the Town Board of the Town of Southold hereby appoints Supervisor Scott A. Russell as a marriage officer from June 22 thru July 5, 2014. ✓Vote Record-Resolution RES-2014-503 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Seconder D ❑ ❑ ❑ ❑ Withdrawn James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Supervisor's Appt William P.Roland Voter p ❑ ❑ ❑ Tax Receiver's Appt .till Doherty Voter El ❑ ❑ ❑ ❑ Rescinded Louisa P.Evans Mover D ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A.Russell Voter p ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Page 27 June 3, 2014 Page 28 Southold Town Board Meeting 2014-504 CATEGORY: Bid Acceptance DEPARTMENT. Town Clerk Accept Bid of Pirate's Cove Marina for Fishers Island's Channel Markers, Buoys, Etc. RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Pirate's Cove Marine, Inc., Fishers Island,New York, in the amount of$3,100.00 for repair and placement of channel markers to be placed in both West Harbor and Hay Harbor, Fishers Island, New York, as well as retrieve, repair and replace, or return missing markers and instructional floats that are lost during the season, at a rate of$85.00 per marker plus the cost of necessary materials, buoys to be prepared and placed at the beginning of the season, and removed and stored by October 15, 2014; foregoing all in accordance with the bid notice of the Fishers Island Harbor Committee and subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2014-504 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter 0 ❑ 1i [I Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-505 CATE.GOR Y.• Refund DEPARTMENT. Town Clerk Yard Sale Refund- Westerbeke RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of$15.00 to Mr. Fred Westerbeke, 165 The Strand, East Marion,NY 11948, for Yard Sale #16098, as the yard sale was not held due to a family emergency. ✓Vote Record-Resolution RES-2014-505 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Page 28 June 3, 2014 Page 29 Southold Town Board Meeting ❑ Defeated Robert Ghosio Voter El ❑ ❑ ❑ ❑ Tabled James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Withdrawn William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-506 CATEGORY. Contracts, Lease&Agreements DEPARTMENT. Town Attorney NYS DOS Contract C006877 Term Extension (Bittner Preserve Project) RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Amendment between the Town of Southold and the New York State Department of State in connection with extending the term for Agreement #C006877 (The Bittner Preserve Improvement Project) from December 31, 2013 to December 31, 2014, at no cost to the Town, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2014-506 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 Seconder 0 ❑ ❑ 11 ❑ Rescinded Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Mover El ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-507 CATEGORY. Bid Acceptance DEPARTMENT: Town Clerk Accept Bid for Road Treatment-Item 97 Page 29 June 3, 2014 Page 30 Southold Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Thomas H. Gannon & Sons, Inc., for the application of Polymer Modified Emulsified Asphalt Pavement Type II Micro-Surfacing within the Town of Southold, all in accordance with the bid specifications and Town Attorney, as follows: Option#1 Type II Micro-Surfacing $ 3.96 per sq. yd. Truing & Leveling (Type 5 - Shim) $180.00 per ton Option#2 Type II Micro-Surfacing $ 2.38 per sq. yd. Truing & Leveling (Type 5 - Shim) $180.00 per ton ✓Vote Record-Resolution RES-2014-507 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter El ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Mover D ❑ ❑ ❑ ❑ 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 2014-508 CATEGOR Y.• Attend Seminar DEPARTMENT.• Solid Waste Management District SWANA Recycling/Single Stream Technical Session RESOLVED that the Town Board of the Town of Southold hereby grants permission to Solid Waste Coordinator Bunchuck to attend a seminar on "Trends Impacting Waste & Recycling Costs and Services" in Albany,NY on June 12, 2014. All expenses for registration, travel and lodging to be a legal charge to the 2014 budget (meetings and seminars). ✓Vote Record-Resolution RES-2014-508 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Defeated James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Mover El ❑ ❑ ❑ Page 30 June 3, 2014 Page 31 Southold Town Board Meeting ❑ Tax Receiver's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2014-509 CATEGORY: Budget Modification DEPARTMENT: Highway Department 2014 Budget Modification-Highway Financial Impact: to cover under funded budget line items as well as anticipated expenditures RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 Highway Fund Part Town budget as follows: From: 1313.5140.4.100.125 Brush& Weeds/Miscellaneous Contractual Expense Supplies & Materials Miscellaneous Supplies $ 1,500.00 To: 1313.5140.4.100.400 Brush & Weeds/Miscellaneous Contractual Expense Supplies &Materials Implements/Small Tools 1,000.00 DB.5140.4.600.300 Brush& Weeds/Miscellaneous Contractual Expense Miscellaneous Travel 500.00 TOTAL: $ 1,500.00 ✓Vote Record-Resolution RES-2014-509 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Tabled James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action Page 31 June 3, 2014 Page 32 Southold Town Board Meeting ❑ Lost 2014-510 CATEGORY. Contracts, Lease&Agreements DEPARTMENT.• Town Attorney Bay Avenue Bridge Project/Joint Application W/DEC&ACOE RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Joint Application, and any other necessary documents, between the Town of Southold and the NYS Department of Environmental Conservation and the U.S. Army Corps. of Engineers, in connection with the Bay Avenue Bridge Project, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2014-510 10 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay ❑ Tabled Abstain Absent ❑ Withdrawn Robert Ghosio Voter D ❑ ❑ Supervisor's Appt Jaynes Dinizio Jr Mover RI ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Seconder Rl ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter p ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-511 CATEGORY. Contracts, Lease&Agreements DEPARTMENT.- Town Attorney MS4 Municipal Compliance Certification Form RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the MS4 Municipal Compliance Certification Form in conjunction with the Town's submission of its MS4 Annual Report, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2014-511 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated Robert Ghosio Voter [a ❑ p Page 32 June 3, 2014 Page 33 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 2014-512 CATEGORY. Contracts, Lease&Agreements DEPARTMENT.• Town Attorney Contract C006878 W/NYS DOS-Extend Term of Contract RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Amendment between the Town of Southold and the New York State Department of State in connection with extending the term for Agreement #C006878 (Stormwater Management in the Town of Southold/Phase II) from May 31, 2014 to May 31, 2015, at no cost to the Town, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2014-512 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 0 ❑ ❑ 0 ❑ Tax Receiver's Appt William P.Roland Mover 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter EI ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-513 CATEGORY. Contracts, Lease&Agreements DEPARTMENT. Town Attorney Amendment#3 to Contract C303426/Peconic Bay Estuary Page 33 June 3, 2014 Page 34 Southold Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute Amendment No. 3 to the State Assistance Contract between the Town of Southold and the New York State Department of Environmental Conservation in connection with a no-cost extension of time extending the term of Contract #C303426 (Peconic Bay Estuary Program) from March 31, 2014 to December 31, 2014, at no cost to the Town, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2014-513 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover 0 ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-514 CATEGORY. Contracts, Lease&Agreements DEPARTMENT: Planning Board Adopt the Suffolk County Multi-Jurisdictional Multi-Hazard Mitigation Plan WHEREAS, all of Suffolk County has exposure to natural hazards that increase the risk to life, property, environment and the County's economy; and WHEREAS, pro-active mitigation of known hazards before a disaster event can reduce or eliminate long-term risk to life and property; and WHEREAS, The Disaster Mitigation Act of 2000 established new requirements for pre- and post-disaster hazard mitigation programs; and WHEREAS, a coalition of Suffolk County municipalities with like planning objectives has been formed to pool resources and create consistent mitigation strategies to be implemented within each partner's identified capabilities, within Suffolk County; and WHEREAS, the coalition has completed a planning process that engages the public, assesses the risk and vulnerability to the impacts of natural hazards, develops a mitigation strategy consistent with a set of uniform goals and objectives, and creates a plan for implementing, evaluating and revising this strategy; Page 34 June 3, 2014 Page 35 Southold Town Board Meeting NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold: 1. Adopts the Suffolk County Multi-Jurisdictional Multi-Hazard Mitigation Plan (the "Plan") as this jurisdiction's Natural Hazards Mitigation Plan. 2. Will use the adopted and approved portions of the Plan to guide pre- and post- disaster mitigation of the hazards identified. 3. Will coordinate the strategies identified in the Plan with other planning programs and mechanisms under its jurisdictional authority. 4. Will help to promote and support the mitigation successes of all participants in this Plan. 5. Will incorporate mitigation planning as an integral component of government and partner operations. ✓Vote Record-Resolution RES-2014-514 lZ Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Mover Rl p p ❑ Supervisor's Appt James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Tax Receivers Appt William P.Ruland Voter El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter Z 0 ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder El ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-515 CATEGORY: Budget Modification DEPARTMENT,• Public Works Town Beach Grading and Sand Recoup Financial Impact: Beach Repair Resolved that the Town Board of the Town of Southold hereby modifies the 2014 General Fund budget as follows: From: A.1620.2.400.350 Building & Grounds $6,250.00 Dredging To: A.1620.2.500.350 Building & Grounds $6,250.00 Beach Improvements Page 35 June 3, 2014 Page 36 Southold Town Board Meeting ✓Vote Record-Resolution RES-2014-515 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter D ❑ ❑ ❑ ❑ Rescinded Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-516 CATEGORY. Contracts, Lease&Agreements DEPARTMENT. Town Clerk Pumpout Boat Services for FI by Coastal Environmental Services RESOLVED the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott Russell to execute a special services agreement with Coast Environmental Services Inc. for the provision of pump-out boat services to Fishers Island in an amount not to exceed $10609.00, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2014-516 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ b ❑ 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 ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A.Russell Voter D ❑ ❑ p ❑ No Action ❑ Lost 2014-517 CATEGORY. Home Rule Request DEPARTMENT. Town Clerk Page 36 June 3, 2014 Page 37 Southold Town Board Meeting Request the Enactment of Assembly Bill A.9316 to Amend Tax Law WHEREAS, a bill has been introduced in the State Legislature as Assembly Bill A.9316 and WHEREAS, the bill would amend subdivision 4 of Section 1499-ee of the tax law to add the Town of Southold to those towns within the Peconic Bay region that have a first-time homebuyer's exemption from the tax on real estate transfers in the Town of Southold, County of Suffolk, therefore, be it RESOLVED that pursuant to Article IX of the Constitution, the Town Board of the Town of Southold hereby requests the enactment of Assembly Bill A.9316 entitled "AN ACT to amend the tax law, in relation to exempting primary residential property purchased by first-time homebuyers meeting certain income and purchase price requirements from the tax on real estate transfers in the Town of Southold County of Suffolk". ✓Vote Record-Resolution RES-2014-517 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 El ❑ ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Mover 0 ❑ ❑ ❑ ❑ Rescinded Jill Doherty Voter 0 ❑ p ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2014-518 CATEGORY.• Property Acquisition Purchase DEPARTMENT. Land Preservation Moffat Farm North LLC Elect to Purchase/SEQRA Dev Rights Easement WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by Moffat Farm North, LLC on the 3rd day of June, 2014, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-55.-2-p/o 10.1. The address is 47775 County Road 48 in Southold. The property is located in the A-C zoning district and is situated on the westerly side of County Road 48 approximately 940 feet southwesterly from the intersection of County Road 48 and Old North Road in Southold, New York; and Page 37 June 3, 2014 Page 38 Southold Town Board Meeting WHEREAS, the development rights easement comprises a part of the property consisting of approximately 25.5± acres (subject to survey) of the 20.5± parcel's total acreage. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the easement will be acquired using Community Preservation Funds. This project is eligible for partial funding from an awarded grant from the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS).The purchase price is $65,000 (sixty-five thousand dollars) per buildable acre for the 20.5± acre easement plus acquisition costs; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its open space agricultural value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; and, WHEREAS,the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations 6NYCRR 617.1 et Seg • and WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by Moffat Farm North, LLC, identified as SCTM #1000-55.-2-p/o 10.1. The proposed action has been reviewed pursuant to Chapter 268 Page 38 June 3, 2014 Page 39 Southold Town Board Meeting (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. ✓Vote Record-Resolution RES-2014-518 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn Robert Ghosio Mover 0 ❑ ❑ ❑ Supervisor's Appt James Dinizio Jr Voter 0 p ❑ ❑ ❑ Tax Receiver's Appt William P.Ruland Voter p ❑ p ❑ ❑ Rescinded Jill Doherty Voter Rl p ❑ p ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ p ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ No Action ❑ Lost Comment regarding resolution 518 SUPERVISOR RUSSELL: I want to thank Tina and the members of the family. The fact is, Southold wouldn't have a preservation program if not for your generosity and your willingness to work with Southold Town. Thank you. 2014-476 Tabled 5/6/2014 7:30 PM CATEGORY.- Enact Local Law DEPART/YIENT: Town Clerk Enact Local Law WHEREAS there had been presented 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: Page 39 June 3, 2014 Page 40 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 Cha ter 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. Page 40 June 3, 2014 Page 41 Southold Town Board Meeting (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 productionsystem 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. Page 41 June 3, 2014 Page 42 Southold Town Board Meeting Such amount shall be included in the levy gainst such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold (ii) This section is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of the Town Law Section 64(5-a) and govern the subject of removal of commercial solar energy production systems in this chapter. §280-62. Use regulations. B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except subsection(B)(10) which may be permitted as a special exception by the Planning 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 ystem 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 Chanter,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_ (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. (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 nearbyproperties. (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 Page 42 June 3, 2014 Page 43 Southold Town Board Meeting 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 enemy_ 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 Page 43 June 3, 2014 Page 44 Southold Town Board Meeting Home Rule Law to promote the public health safety and aeneral welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of the Town Law Section 64(5-a) and govern the subject of removal of commercial solar energy production systems in this chapter. §280-138. Fee schedule for site plan applications. D. The fee for new site plan applications for commercial solar energy production systems pursuant to &280-58(B)(10) and §280-62(B)(10) shall be a flat fee of$3,000.00 and the fee for an amendment to a site plan application for commercial solar energy production systems shall be $2,000.00. III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2014-476 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Robert Ghosio Voter Q ❑ ❑ 0 ❑ Supervisor's Appt James Dinizio Jr Voter 0 ❑ ❑ p ❑ Tax Receiver's Appt William P.Ruland Seconder El ❑ ❑ ❑ ❑ Rescinded Jill Doherty Mover 9 0 11 ❑ Town Clerk's Appt Louisa P.Evans Voter p ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 8:00 PM in order to hold a public hearinLy. Page 44 June 3, 2014 Page 45 Southold Town Board Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell VI. Public Hearings 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 8th day of April, 2014, a Local Law entitled "A Local Law in relation to Amendments to Chanter 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. 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 [51 acres Page 45 June 3, 2014 Page 46 Southold Town Board Meeting (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. (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 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 Page 46 June 3, 2014 Page 47 Southold Town Board Meeting such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. (ii) This section is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of the Town Law Section 64(5-a) and govern the subject of removal of commercial solar energy_production systems in this chapter. §280-62. Use regulations. B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except subsection (B)(10), which ma} 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 Rate. (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. (z) 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 Page 47 June 3, 2014 Page 48 Southold Town Board Meeting 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 paw 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 a ag inst 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 site1p an applications for commercial solar energy production systems pursuant to §280-58(B)10) and §280-62(B)(10) shall be a flat fee of$3,000.00 and the fee for an amendment to a site plan application for commercial solar energy production systems shall be $2,000.00. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. This hearing was adjourned at 8:45 PM on May 6, 2014 until June 3, 2014 This hearing was declared closed on June 3, 2014 at 8:11 PM Page 48 June 3, 2014 Page 49 Southold Town Board Meeting RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Moffat Farm North, LLC Set P.H.Dev Rights Easement COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN 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. I have a sworn affidavit of posting on the Town Clerk's bulletin board and the posting was on May 7, 2014. I have an affidavit of publication that this appeared in the Suffolk Times newspaper. And I also have a memorandum from the LWRP coordinator that it is the recommendation of the LWRP coordinator that this proposed action is consistent with the LWRP. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Supervisor Russell SUPERVISOR RUSSELL: Would anybody like to comment on this particular local law for acquisition? Page 49 June 3, 2014 Page 50 Southold Town Board Meeting Councilman Ghosio COUNCILMAN GHOSIO: Normally Ms. Spiro would be here to present this for us but she wasn't able to make it today and this did come up in discussion the other night in the Land Preservation Committee. What you can see here on the easel is basically the property that is on for discussion tonight. Supervisor Russell SUPERVISOR RUSSELL: Would anybody like to comment? Tina Kosloski on Behlaf of Moffat Farm LLC TINA KOSLOSKI: My name is Tina Kosloski. I am the youngest of the Moffat children. I have been at this with my husband Jim for 14 years. This land was built and bought by my grandfather back before World War I. We have not had a farmer in many years in our effort to try to sell the land and now after my mother's passing, it is our wish that we try to find a farmer. And the only way to do this is to sell the development rights in order to pay forward as my mother wished, to find a farmer that is just starting out. To preserve the land and allow Southold to see, it is a farm, it really is. I hope that you will approve this. Thank you. SUPERVISOR RUSSELL: Thank you. JUSTICE EVANS: Thank you. Supervisor Russell SUPERVISOR RUSSELL: Any more comments? (No response) Closing Comments Supervisor Russell SUPERVISOR RUSSELL: Okay, I would ask anyone that would like to comment on any issue to please feel free at this time? Any issue. Carl Delatiteris, Southold CARL DELITERIS: Hello, my name is Carl Deliteris, I am a Southold resident. And we recently had a Memorial Day parade in Mattituck. Now a Memorial Day parade I believe should have a memorial and there isn't. There's a lot of fire trucks but we should have a memorial to the people who allowed this town to go on, which is the veterans who have passed. And I just find it very strange that there is a lot of money for dog shelters, this shelter, that shelter but nothing in the parade that goes on every year. Would you respond to that? COUNCILMAN DINIZIO: We do have it, sir. There is one down in Orient, there is one in Greenport.... MR. DELITERIS: No, no, no. Yeah, I know, there are memorials all over the United States. They are everywhere. But there isn't one in the parade. Page 50 June 3, 2014 Page 51 Southold Town Board Meeting SUPERVISOR RUSSELL: Can I just clarify? Actually, Southold Town doesn't host the parade. The Legion... MR. DELITERIS: I know but you gave a permit for it. SUPERVISOR RUSSELL: Yes, we did. I know that there is a shrinking membership up there and they had difficulty organizing the parade this year and a member of the Southold post was nice enough to step forward and help them. But I would agree that all of these parades, all of these events should start with a memorial. MR. DELITERIS: And we don't have one. I mean, maybe you come up with a contest? There are tons of artists in town now, something like that. Pull a hay wagon or something. SUPERVISOR RUSSELL: I am going to have to let the other Board members speak, I wasn't able to make that event, family commitment. COUNCILWOMAN DOHERTY: What they, instead of having an actual memorial going through the parade, we gather at the memorial. In this case it was at Pike Street in Mattituck where the memorial is and we have a ceremony before the parade starts. MR. DELITERIS: I know but you have 10 year olds looking at what? Memorial Day Parade. And where is the memorial? It is not in the parade. COUNCILMAN DINIZIO: What did you have in mind? MR. DELITERIS: Something that would represent the lives that were lost for this town to exist, in the parade. COUNCILWOMAN DOHERTY: You have the veterans marching and they have.... MR. DELITERIS: The veterans are not the memorial. These people are dead. They are walking people. That is not the memorial. Is it? COUNCILWOMAN DOHERTY: No but it represents... MR. DELITERIS: It represents the Legion walking. It doesn't represent the dead soldiers. Which is what a Memorial Day parade is. I mean, you know, there's lots of money for lots of things but you run a parade every year that there should be something in there. You could have contest, you could have something. I saw the parade, I see the parade every year. The parade means a lot to me personal. But it looked like a fire truck parade. Which is no problem, I don't have any, you know, I don't have any qualms with that at all but the meaning of the parade is not there. It is not there at all. COUNCILMAN RULAND: I think what we could do is certainly pass along your concerns to the parade organizers. They vary each year from community to community. Page 51 June 3, 2014 Page 52 Southold Town Board Meeting MR. DELITERIS: Well, you are throwing it back on the veteran's again. You shouldn't be throwing it to the veteran's to do it. You should be doing it for the veteran's. COUNCILMAN DINIZIO: Sir, we don't sponsor the parade though. It is the veteran's that do. it is the Legions that sponsor the parade. MR. DELITERIS: I understand. I understand. COUNCILMAN DINIZIO: We just grant the, they can use the roads. MR. DELITERIS: you grant the permit. The permit should have some stipulations in as to having some sort of a memorial for the Memorial Parade. COUNCILMAN DINIZIO: This is how they chose to do it, sir. It is not, we can't tell a group how to go about doing their parade. What we are doing is saying, hey, you can walk on these roads at this particular time in the town, we give you the permission. Beyond that, the parade is up to the people who are organizing that parade. MR. DELITERIS: So you want to throw it back on the veteran's then. COUNCILMAN DINIZIO: Sir, it is not a question of that. the veterans are the one's that want to do the memorials. I can tell you I attended two memorials that day, one in Orient, one in Greenport. And honestly, we did have one at the beginning, we all sat up there on that trailer and we had a benediction, we had the whole nine yards, everybody watched and we got, everyone got in the parade, walked around and then we left. So, you know, if you have some other ideas, I would say, why don't you run down to the Legion, show up at the meetings and you know, help those guys out because honestly, they are stretched very thin these days. And... MR DELITERIS: Oh, so that's fine, then, if they are stretched very thin, we'll just put it on these stretched very thin.... COUNCILMAN DINIZIO: Sir, they are the ones that do it. they are the ones that organize it. MR. DELITERIS: So you just don't want any involvement, is that it? COUNCILMAN DINIZIO: No, sir, we give them the opportunity... MR. DELITERIS: I am asking you, if you want... COUNCILMAN DINIZIO: I am a veteran myself, sir. MR. DELITERIS: Okay, so if you want to be involved in this town to have some sort of memorial to be, you can't throw it on the veterans. That is pretty lousy. Page 52 June 3, 2014 Page 53 Southold Town Board Meeting COUNCILMAN DINIZIO: Well, I don't think it is. I am a veteran myself. My preference would be that you know, people who are involved with veterans would want to honor the veterans, would be in charge of honoring those veterans. They would be the ones that know best how to do that. MR. DELITERIS: So that's that? COUNCILMAN DINIZIO: No, that's Jim Dinizio's opinion. It's not anybody else's opinion out here but myself. MR. DELITERIS: Okay. Scott? SUPERVISOR RUSSELL: I am going to defer to Jim's opinion. I happen to agree that veterans are the best keepers of the memories of those who are lost. They have done an excellent job over the years. I realize there's a huge flotilla of fire trucks and others that might not seem associated to the parade but the people who participate in the parade are selected by the people who organize the parade. If there is a specific suggestion that you would like us to implement, my door is always open, you are welcome to present it to me. If not today, tomorrow. By email, by phone or just come in and see me. I will listen to any specific suggestion that you have that you would like to see the town implement. COUNCILMAN GHOSIO: Fine. I think I am kind of getting what your point is. The parades, particularly for Memorial Day, don't seem to have that solemn tenor that you would expect and that they are almost like a celebratory type parade. MR. DELITERIS: And there is no memorial. So at least see for the children, for their parents to explain what this is about. You know, I mean.... COUNCILMAN GHOSIO: I get it. I am not quite sure how to do it, what you are saying. MR. DELITERIS: How to do it should be 9,000 different ways but there should be something. I am not saying it has to be this or has to be that or has to be something but there should be a something. And I think the town obligation to be in it. Maybe you don't but I do. And I will stop into your office and maybe we will talk about it a little bit. SUPERVISOR RUSSELL: Please. You are welcome. MR. DELITERIS: Like I said, it could be an art contest, something like that to where you could really call attention to it and.... COUNCILWOMAN DOHERTY: I think it is up to, like Jim is saying, it's up to the veterans and the.... MR. DELITERIS: It shouldn't be up to the veterans to create their own memorial. I mean, that's almost insulting. Page 53 June 3, 2014 Page 54 Southold Town Board Meeting COUNCILWOMAN DOHERTY: Excuse me, can I finish? I am saying it is up to the Legion to ask us for help. It is not us to tell them what to do. COUNCILMAN DINIZIO: Right. COUNCILWOMAN DOHERTY: If they need our help, I am sure I can speak for everybody up here, we will do what we can to help them out but I don't think it's up to us to come up with something and tell them what to do with how they proceed to celebrate that day. MR. DELITERIS: Okay. So we got some of it. I have one other little request, if I can, it's about South Harbor beach and parking, which is run by the park department. To have a family gathering or something there, they are requiring now a homeowners liability insurance now. I know a lot of crazy people. I don't know anybody that crazy. Now, I know the town has different insurances, there should be, I am not saying you should have insurance, I am saying you should but there should be a rider for the day on that which I am sure that you guys have events, you have insurances, you come up with it. but it shouldn't be up to a homeowner to put their home up. SUPERVISOR RUSSELL: Okay, are you talking about the park that's to the left of the beach. MR. DELITERIS: Yes. SUPERVISOR RUSSELL: Okay, if I am not mistaken, that is park district. That is owned by the Southold park district. We have no role in the policy, decisions or rules or requirements of the Southold Town park district. They are a separate entity, they are a separately elected board of commissioners and I would urge you to contact them. MR. DELITERIS: Okay, fine. Thank you very much. Supervisor Russell SUPERVISOR RUSSELL: Thank you. Sure. Who would like to comment next on any issue? George? George Lamoga, Mattituck GEORGE LAMOGA: Good evening everybody. George Lamoga from Mattituck. I have had some time now to think and look around Mattituck and I am really talking about my environment in Mattituck and I can't talk about all the other parts of the town itself. One of the things that I have been caught up with, with the media is the see it, say something about it. The issues I am bringing up are nowhere near as important as those that the media tells us that is going on in our environment to day but one of the things that has happened at Mattituck at the beach, we have had a guardrail that has been removed several times over the winter, fall, winter and spring now and I have really got to thank Mr. Orlando for going down there, looking at it and doing something about it. What people were doing, they were coming down with a vehicle, probably during the middle of the night, yanking out the guardrail and then driving on the beach. And Mr. Orlando has gone several times and put it back in and I think it was a game that people were playing, just removing it again. I think he has solved it now, he's, looks like he has done a Page 54 June 3, 2014 Page 55 Southold Town Board Meeting solution that may last a little longer, make it harder for them to get out on the beach. But where I am going with this is, I would like to speak to Mr. Ruland first of all, I would like to thank your wife for reminding me the meeting is today, not Thursday. Did she give you a heads up I am coming today? Mr. Ruland, did your wife give you a heads up? Yes, no, maybe? Or you are not going to tell me? COUNCILMAN RULAND: Pleasure to have you with us, George. MR. LAMOGA: My grandkids go to the nursery school in Laurel and one of the problems I think you know and your wife knows, parking is difficult there. and one of the things I see and I have to do something about it, is just beyond that nursery school there is property there and in recent weeks when I go down to pick up the kids, my wife and I, there is a sidewalk just to the west of that property and I guess they are working on the house and now what happens is three 4x4's appear there on the edge of the road. So therefore, when it gets crowded for pickup, nobody can park off to the side of the road or find difficulty parking at the nursery school. I happened to see a police officer one day and mentioned to him, you know, it seems to be an obstacle there, making it difficult for a parent or old guys like myself, grandparents to pick up the kids and I don't know what he did when he went down there. to my dismay this morning, I saw it again, but I saw something worse. (Inaudible)...with the policeman, I asked if I came down with my pickup truck, are they belonging to the town or to the homeowner, can I take them? They were nice pressure treated 4x4's. he wouldn't tell me what I could do but he said, you had better not take them. Alright, so today, there were 3, now there are 5. Now there are 5. So what I am wondering, what happens to things like that? they are beyond the sidewalk, they are on the edge of the road. They are an obstacle for I think the residents, certainly they are an obstacle for us parents and grandparents that come down there. what happens with something like that, Town Board? SUPERVISOR RUSSELL: I can tell you, it wouldn't be the first instance where people have left debris behind whether it is a construction... MR. LAMOGA: It's not debris. It is purposely done so you can't park there. They are brand new 4x4's. There were 3 now there are 5 today. SUPERVISOR RUSSELL: We will have to go out and take a look at it. I am not aware of it until you brought it up. MR. LAMOGA: I spoke to the town code and they were going to down and look at it. okay,just to continue along those lines, I've grown up in Mattituck. Dad has gotten as far as maybe elementary school, third or fourth grade. And we built a house on the corner of Hamilton and Wickham and Dad got a point where he said, you know, it would be nice to have a hedge along our property and I can remember as a kid, Dad teaching me, you know this is our property, got the sticks, got string, laid it along now 48 and we got to a corner there and he said, that's not our property, we have got to go on an angle, so we went on an angle over to Wickham Avenue and along that property. That corner has been a black circle corner for all the accidents there, but Dad made it very clear that our property is our property, this should be on our property. What I Page 55 June 3, 2014 Page 56 Southold Town Board Meeting see now more and more is I don't know whose property it is on the edge of the road. Today I had the misfortune, my aunt who lives on Sound Avenue in Mattituck, an accident occurred. And she called me up and she says, hey, this guy just crashed into a telephone pole right in front of the house. That telephone pole was set 12 feet back from the road. And the guy crashed, his wife went to the hospital, he lost his three dogs. Found two of them but he couldn't his third dog. We walked all over the place. Well, what's happening and I think it needs to be addressed, I see more and more of it, I see obstacles on the road not 12 feet back and I don't know, is there a law in town that, what happens? You have got deer, I was coming here today, they were driving bicycles along the edge of the road, the workers and I said, what if I have to avoid them or going home today we are going to probably see deer, right? What if we have to avoid them? If I or any of the people here today, residents, crash into these obstacles, who pays for my damages or who pays for their damages to their cars? Is it the homeowner or is it the town? Is it the town land? Where are we on that? I would just like to know where we stand on things like that? SUPERVISOR RUSSELL: We actually are working on legislation now. historically if, there's encroachments within the public right of way throughout the entire town and it's impractical and unworkable to suggest that everybody is going to move their small fences, their bushes out of the public right of way but what we are trying to do is address the encroachments that pose public safety risks. Those that obscure lines of sight at intersections, things like that. You are probably read about it in the Suffolk Times not that long ago, legislation that we are proposing that would make people, you have these large, almost monuments that are mailboxes and those public, those types of items, to move them back onto the property line and off of the public right of way. The legislation we have had to put to the side because there are so many challenges but it is ongoing. MR. LAMOGA: Off Cox Neck they are doing construction right now and I went to the code enforcer, they are fixing up the house, the house, a very beautiful house, gorgeous house, fixing up a single lane driveway going in and they have two access to their driveway and they put up here, about this size, four pedestal's 2 feet from the edge of the road. Now it wasn't just put in this past week, I said to my wife, I see those cement blocks, they are going to put poles there. two or three days later, they were there. they were there. now, I am asking does the town or code enforcer go down and say, hey, two feet from the road, they shouldn't be there or what? COUNCILMAN RULAND: I can tell you on that situation, George, the highway superintendent went on I believe Friday afternoon. MR. LAMOGA: Okay. COUNCILMAN RULAND: Because I encountered that and I said, he would like to know that. because there have been several instances, I am sure you saw the Belgian blocks? MR. LAMOGA: Well, those are low. I can drive over those. COUNCILMAN RULAND: But you have no idea what those Belgian blocks do to his snowplows. Page 56 June 3, 2014 Page 57 Southold Town Board Meeting MR. LAMOGA: Okay, that's good. COUNCILMAN RULAND: And of course, then he is asking, who is fixing my snowplow? MR. LAMOGA: Sure. COUNCILMAN RULAND: Which can get very expensive if it wracks the front end of the truck. And this is what Scott is talking about, that there are certain prudent things that one can do and one of them that we are considering is that if there is encroachment, it has to be at road level. MR. LAMOGA: You know where I live, Bill, it's a summer area and most of the citizens are there maybe two months of the year. I am there all year round. This year we had a little more snow. And you and I growing up know, I can remember Sound Avenue was a one land road, the snow was over the roof of the cars. You had to stop and let somebody go by. We are going to maybe get that again, right? It looks like climate change might (inaudible). So this winter, there are shrubbery along Inlet Drive, getting bigger. This year they decide to put, because last year they got burned, they decided to put a burlap bag along it. Where are you going to push the snow if it is on the edge of the road? Why should I, as a full time resident, have to worry about drifting snow there and no way for the snow to be removed? This year for the very first time, where I live on the corner of Summit and Miriam, because there is obstruction up the hill, I had the last pile of snow on my corner. Why? Because they had no place else to push that snow, they got to the corner and it sat there. Full time resident, I had to keep going around it all the time. The school busses coming around all the time. With those shrubberies, I just brought a picture in, I know there is going to be big parties this summer, the workers are there. they park on one side of the road, somebody parks on the other side of the road, it's a one lane road now. you got emergency vehicles, god forbid there is a fire down there, you know it may not happen today, it may not happen tomorrow, look at what it happening now with the weather. You never know. All I would like to do is have some safety issues and you know, if you are going to park, park off the side leave us some room so people can, can go across and go by that. I very fortunately saw one of your police officers that has been very active with the helicopters, he says, I said, you know why don't you help me out with this issue? He says, you think that's big, have you been down Westphalia Road lately? You guys know about it. Thank you very much. Hey, we have got to somehow all live together. and all I am asking for is some kind of(inaudible) letting these people know and I think in this day and age, we have got to do the media and say to these guys, dad had a 3`d grade education but what did he do? He taught me, this is yours, this is not yours. I think these people coming out here today have got to be taught that. Thank you very much. Have a good night. SUPERVISOR RUSSELL: Thank you, George. Who would like to go next on any issue? Sir? Doug Hanewinckel, Leeton Dr., Southold DOUG HANEWINCKEL: I will try to be succinct. My name is Doug Hanewinckel, my wife and I live on Leeton Drive. We belong to the homeowners association, the Kenney's beach- McCabe beach homeowner association and we have done some planting of sea grass to stabilize Page 57 June 3, 2014 Page 58 Southold Town Board Meeting the beach and we have provided materials to fix the bath houses and so on but I am here to talk about what everyone else has talked about and that is the jetty in Peconic. You know, there is a saying, something is too good to be true and you know there is something wrong, well, that is true in Peconic. Do those people say, we have got all this sand, it's too good to be true? No, they say it is just natural, you cannot predict what the ocean is going to do which is a true statement but you can notice things it is doing. My wife's grandmother built the house in 1955 and up until 1969 or 70, they had 60 to 70 feet more of beach than they had the year after that jetty was built. And people insist it has no effect and yet everyone acknowledges that there is a long term east to west movement of material along the north shore. I mean, it is documented, it is common knowledge, it is not rocket science. The prevailing winds come that way. Sure, there are differences but the prevailing winds and prevailing wave action comes in that direction. So a grain of sand gets moved up this way because it is not straight back on the beach and then as the water goes out, it goes this way, so it moves down. Well, our river that has replenished that beach for who knows how many years, has been stopped by the jetty. There are no two ways about it. there is a thing that scientists and philosophers often invoke and it is called Occam's rule. Occam's rule says that in a complicated situation usually the simple solution is the answer. And the simple solution is that that jetty should be removed to at least some equitable degree. Thank you very much. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board on any issue? Please. Susan Geist,Leeton Dr., Southold SUSAN GEITZ: My name is Susan Geitz and I am not going to talk about the jetty tonight. I live on Leeton Drive, I live next to the Hanewinckel. And I would like to talk tonight about dead fish that, there is a restaurant that dumps all of their solids and now they are dumping the fish after they filet them in the parking lot at Kenney's beach. And I know it is not fish they caught because they have the head of the fish this big that was there, so I don't know what restaurant is doing it. it is not a private home because it is too much of it. And we had a, they had mass down there last Memorial Day and there were 20 fish up against the railing there that had been filleted and the bodies there and the flies all over and it stunk to high heaven. I wish there was something that could be done, either a big sign saying if you are caught we are going to fine the pants off you or something, because they have been doing this down there two years. SUPERVISOR RUSSELL: We also, we actually have those signs that doesn't allow people to dump, it is up to a $1,000 fine. I have to be candid, it seems, with all of the refuse that is created by restaurants and what they call these wet use facilities, delis etc., it seems implausible that they would just shed 20 filleted fish on the beach. I would think that there is an awful night fish going on, they are catching some awfully big fish in the Long Island Sound and it is probably somebody that is filleting on site and leaving the entrails behind. That would be my hunch. It would be very difficult to catch someone doing that but certainly we can bring more attention to that area and see if we can. MS. GEITZ: Well, the salads have been going on now for two years, where they dump all this old salad right in the parking lot. I don't know whether they think they are feeding the birds or what but it just is a mess, especially in the summer. Thank you. Page 58 June 3, 2014 Page 59 Southold Town Board Meeting SUPERVISOR RUSSELL: Okay, sure. Carl? Carl Deliteris CARL DELITERIS: Just to let you know that I fished those shores for many years and it is not the fishermen because what the fishermen do is they filet it right there and it gets thrown in the sea. So it doesn't come up, that would be crazy, stupid to do that. nobody is going to what, filet their fish in the back of their car? I don't think so. It is done right on the site, right at the water's edge. Even if you are fileting or whatever, cut the tail or the heads off, something like that and it is thrown back into the water, almost always. So whoever is doing what she is saying, I don't think you should tag the fishermen. SUPERVISOR RUSSELL: I am not trying to tag anybody.... MR. DELITERIS: No, I know that. SUPERVISOR RUSSELL: But I will tell you, there is a change of mindset in terms of manners and it is not just fishermen, it's many people who use the beaches which tend to get abused each year by people whether you are talking about fileting fish or you are talking about refuse. There is a changing mindset out there and I appreciate your concern, we will certainly bring attention to it but it has been a challenge trying to manage these beaches each year because of their changing mindset. They just simply aren't as respectful of public property as it had been historically. Not just fishermen, it is everybody. MR. DELITERIS: I am sure you are right. SUPERVISOR RUSSELL: Thanks. Who else would like to address the Town Board? John Givens, Cutchogue JOHN GIBBONS: Supervisor Russell, members of the Board, thank you for the opportunity. John Gibbons, Jack. I live in Cutchogue. I am here to ask you guys to maybe go a little bit farther astray than what you normally used to hearing and dealing with. I am here to talk to you about climate change. We live in a very unique area and we are also uniquely vulnerable but we also have a unique opportunity I think to take action that nobody else is taking right now. The situation of climate change seems to get more urgent and grave every week. Last week for example, I read that we had the levels, atmospheric levels of CO2 at 400 parts per million. If you recall, back in 2009, scientists wanted to keep the level at 350 parts per million. Also last week, we received studies that indicated that the west Antarctic ice sheets were retreating unstoppably and that is going to cause a 3 to 4 foot rise in sea level when those glaciers fully melt. The situation is very serious, I have provided you guys with a proposal as well as a lot of science. I think to really understand how grave this situation is, you need to understand the science. I can't, I won't bore you with it because I know there is an awful lot that is difficult, as a teacher what I attempted to do was take some difficult concepts and put them into more understandable form. The cause of climate change is undoubtedly know human activities and the burning of fossil fuels. There is no dispute in the scientific community that this is a fact. Problems exist but it is the solutions that are much much more necessary. The 5th report of the IPCC intergovernmental panel on climate change suggested that we need to triple or quadruple Page 59 June 3, 2014 Page 60 Southold Town Board Meeting our sources of renewable energy just to maintain a 2 degree increase in temperature by 2100. To put this in perspective, what I was talking about and what you have all read about, the sea ice melting in the Arctic, 90% of glaciers are retreating world-wide, what I had just mentioned about the loss of ice mass on the glaciers of Antarctica (which is a serious problem) the loss of ice mass on the ice sheets in Greenland, another serious problem, because those are going to raise sea level. All of these are effects and the cause is human activity. As I was mentioning, that IPC 5th report that came out in April of 2014 said that we need to triple or quadruple our renewable energy resources. I know you guys are already thinking about that, and 1, as I was doing some studies on this, I read a report that was produced by Cornell University and it was about the wind power, let me just get this exactly right, New York State wind energy study final report in 2010 put out by Cornell University and I would like to quote from this, page 27 it is just to give you some background information, there is a map that goes along with it but it says `as shown above, the areas of highest average wind speed are around the Great Lakes, the Finger Lakes and on Long Island. These areas average between 6.5 meters per second which have proven to be adequate for the installation of wind turbines.' And this is what I am asking you to consider, I wrote a proposal that's a suggestion, that we do something. As I said, we are very vulnerable here on the east end to any rise in sea level. We are very vulnerable to the increasing incidents of extreme weather events. Hurricane Sandy, a 17 foot storm surge in Long Beach, think about that would have meant, a 17 foot storm surge if Sandy had struck here instead of on Staten Island. Anyway, let me read this proposal, it is based on this idea that we do have a vulnerability but also a unique opportunity to make a difference and take a step in the right direction towards renewable wind resources. If you will indulge me, I will just read this and again, it is just a suggestion for you guys. I am asking Supervisor Scott Russell and the Southold Town Board to assume a leadership role by pursuing the construction of a line of electricity generating wind turbines right here on the North Fork. This renewable energy project would create clean energy while also providing economic incentives to the Town of Southold, the local economy, and the people of the town. I propose the following plan: the Town of Southold assumes a lead role in encouraging the public service electric and gas company of Long Island, PSEG-LI and the Long Island Rail Road to construct a single line of electricity generating wind turbines adjacent to the tracks of the Long Island Rail Road Greenport branch. Southold Town exercises its power of eminent domain if necessary to procure an easement adjacent to the Long Island Rail Road tracks sufficient for the construction of the turbines, perhaps 10 feet. The cost for the construction of the turbines falls exclusively on PSEG-LI, they should have incentive to do this because they are supposed to have 25% of their power source from renewable energy sources by 2015 and they are not going to make it. And that is why LIPA was looking at that off-shore wind generating wind farm. The Town would exercise control of the placement of the turbines ensuring that they are erected in the locations favorable to the citizens of the town. Perhaps initial placement would be adjacent to farm land whose development rights the town owns. Later turbines could be placed adjacent to privately owned land as negotiated with land owners by PSEG-LI but the town always reserves the authority to approve turbine placement. Southold Town exercises oversight of the projects and should negotiate for tax revenue from PSEG-LI commensurate with the amount of electricity produced. In other words, if we are going to go this way and I urge you to consider it, we should get some tax revenue back because we are providing the power company with a power plant basically. The Town should further ensure that local contractors are used for the bulk of construction. Substantial funding for the project could Page 60 June 3, 2014 Page 61 Southold Town Board Meeting be available from the New York State Department of Environmental Conservation which has $15 million available for renewable energy projects through fiscal 2015 with as much as $1 million available per project. New York State already has 20 wind projects operating that produce enough electricity to power 500,000 homes with 2 more projects under construction and another under review. A crane track mounted to run on the Long Island Rail Road tracks could erect and service the turbines. The technology is available and feasible. My little conclusion, beauty lies in the eye of the beholder. I know that a lot of people are going to say we don't want this, I really think that we have a moral obligation to our children and grandchildren to consider renewable energy right now. the time has come for us to act. Nobody is doing anything and I urge you to consider this. SUPERVISOR RUSSELL: Thank you, Mr. Gibbons. Can I just clarify a few points? Right after I became Supervisor, I created the Alternative and Renewable Energy Committee for this very purpose. I actually met with Kevin Law who was then serving as Chairman of LIPA to discuss the issue of promoting wind technology on the east end and photovoltaic solar arrays. The problem at the time was wind technology was in its infancy. It was incredibly cost prohibitive. It had reliability issues. That has changed. They have certainly come a long way. They are producing machines now in Denmark and Germany and other locations that are far more efficient than they had a few years ago. Typically what PSEG does is they will offer an RFP, they will have a private contractor construct the wind turbine facilities and then they will enter a purchase power agreement. They will buy the electric from the facility. They generally don't make large investments in alternative and renewables. They should but they don't. I just met with a group called windergy who is proposing a very substantial wind generating facility off of Long Island in the ocean. It is a very compelling project. I really shouldn't discuss too much of the details, that is their story to tell but I did ask them to come out to Southold to give a presentation to the community so the community knew what they were going to do if it moves forward. We've tried to promote every aspect of alternative and renewable's, not just wind technology. Photovoltaic arrays, we just recently amended the code to allow them. There seems to be more interest in that because like I said, technologically speaking, it is far more advanced than wind technology but wind technology is catching up. But you have some very good ideas that I would be glad to take up with the new PSEG. MR. GIBBONS: You know, my ideas are off the cuff basically. The thing is that the urgency and the gravity of the situation is what I want you to become aware of. that's why I put so much science into this. I don't know if Suffolk Times is going to reproduce this or put it on their website for the people of the Town but the science is good, there is no debate among the scientific community about climate change and as I say, I think we are pretty vulnerable, it would be something that I hope you continue to work on and you will but the urgency is what I am hoping you will address. I don't know if you can push anything but I would appreciate it if you would consider that. SUPERVISOR RUSSELL: Sure. Thank you. MR. GIBBONS: Thank you very much. Page 61 June 3, 2014 Page 62 Southold Town Board Meeting SUPERVISOR RUSSELL: Would anyone else like to address the Town Board? George? George Lamoga MR. LAMOGA: I commend Jack for doing that and I understand his urgency. I teach science. I taught Geology, Astronomy. The most reliable is the sun. going to be around for 5 million more years. You are never sure of the wind, so if you are really going to do something, you should think solar. I looked at, I have been, pardon me? UNIDENTIFIED: What do you do at night? MR. LAMOGA: Okay, you could store it. you could store it in batteries galore. SUPERVISOR RUSSELL: I am sorry, could we not have a debate? MR. LAMOGA: One of the things about solar, I have been to Copenhagen, I have been to the wind farm. You know, you think, you know, you take the cruise ships out, they are all there. I have been in California, been to Hawaii, been to all the major wind, wind generating. They don't generate that much energy, that's the problem. They are now working on solar, the best place is in your parking lot. You are getting solar panels, you are going to be able to put in the parking lot with glass on the top of it that is going to be tempered and won't break. They are only sections like they make the telescope. They are sectioned telescopes, hexagonal, like a soccer ball. You put them together, something is wrong with one, you yank one out. You put that in. the sun is going to be there much much longer and much more reliable than wind. So that is one of the problems. The second problem is geological. Well, you look at the issue and the problem is you have got to search this for a longer, longer time. Climate is over a long time, weather is short. If you go back in the geological record, then every time we had major climate change and look today, you get your Prius car, you can do all these little things but yes, who puts more CO2 than anybody else up in there? Anybody? SUPERVISOR RUSSELL: I would venture to say that buildings consume far more than cars. MR. LAMOGA: Not even close. Volcanoes. Look at the volcanic record, every time you had major (inaudible) in 1983, it snowed in July in New Hampshire. I mean, that throws up so much CO2, all these little things we are doing, I think we should do them, don't get me wrong. I am a scientist and an environmentalist but I am not sure we spending money on some of these things are going to be prudent in the long run. That is what my concern is. If we are going to do something, we should do something that is going to be for a long, long time. I agree there is climate change but these might be hiccups in our record. Man is adding some but mother nature and volcanoes is adding a lot more. SUPERVISOR RUSSELL: I would appreciate that but from an economic, come on up, Mr. Gibbons. From an economic perspective, alternative and renewable energy traditionally would cost about $5million per megawatt to construct where traditional electric generation facilities cost about $984,000 to construct. It's about 5 times the cost. Now the cost is about $3 million. So the cost is, as the interest and as the demand for renewable energies gets increased, the Page 62 June 3, 2014 Page 63 Southold Town Board Meeting technology is getting better, every day it is evolving very quickly and the cost is coming down. So alternative and renewable energy becomes a very compelling option for many people. MR. LAMOGA: All I am saying is we have got to look (inaudible) and what we are going to do in the long run. That's all. MR. GIBBONS: I need to make a slight correction to my good friend, George Lamoga. His statement of the most amount of CO2 being emitted by volcanoes is not accurate. I am going to read from a letter published October 21, 2009. It is a letter to Congress from the American Association for Advancement of Science, co-signed by 18 scientific organizations in the United States. I will just read the relevant parts: Observations throughout the world make it clear that climate change is occurring and rigorous scientific research demonstrates that the greenhouse gasses emitted by human activity are the primary driver. These conclusions are based on multiple independent lines of evidence and contrary assertions are inconsistent with an objective assessment of the vast body of peer reviewed science, moreover, there is strong evidence that ongoing climate change will have broad impacts on society including the global economy and on the environment. For the United States, climate change impacts include sea level rise of the coastal states, greater threats of extreme weather events and increased risk of regional scarcity, urban heat waves, western wildfires and the disturbance of biological systems throughout the country. The severity of climate change impacts is expected to increase substantially in the coming decades. This was written in 2009. A case for climate change caused by human activities primarily the burning of fossil fuels is undeniable. No, it's irrefutable. It can be denied and there are people who deny it but it is irrefutable. The science is irrefutable. Based on multiple, independent lines of evidence. So we can't let ourselves off the hook on this. We are the cause, we need to be the solution. I applaud you guys for looking at all of these, whether it is solar, wind, which of course is driven by the sun but all of these are necessary and they need to be done now. That's the important point for me to leave you guys with. The science is irrefutable. The danger is really becoming more and more imminent right now and again, that was written in 2009. How many of those things actually occurred? Sandy occurred after 2009, the western wildfires, the drought, all after 2009 when this letter was written to Congress. So I would leave you with that, it is our responsibility, we are causing it. We need to do something about it and I am asking you guys to lift a heavy load and make an effort to start in Southold Town. Whether it is wind or solar, I really, that's irrelevant. We need to do something. I wonder what future generations will, how they will refer to us. My father's generation was generally considered and labeled the greatest generation, they went to World War II, they stopped dictators from establishing a horrible world. I wonder if we will be looked upon as the selfish generation and the ignorant generation. Selfish if we don't act and ignorant if we don't act upon what we know to be the facts. It is up to us. thank you again. SUPERVISOR RUSSELL: Thank you, Mr. Gibbons. John? John Betsch, Southold JOHN BETSCH: John Betsch, Southold. I just have a request. This seems to be, we are getting into the season of bicycle marathons and I would like to suggest that the Town Board requests the police department to strictly enforce traffic code. Two weeks ago or a couple weeks ago as was reported in the paper, somebody had to be airlifted because he flew over his handlebars on Page 63 June 3, 2014 Page 64 Southold Town Board Meeting the corner of Horton and Soundview. Well,just this past Sunday, I was at the corner of Horton and Soundview, four corner stop sign. Stop at the stop sign, start to go, bicycles coming from the west. It's a downhill run. Some stop, some don't stop. They, I almost hit one, somebody almost hit me going through because these bicycles do not follow traffic code and I don't know how you can do it but if there is anyway in the permits or in the enforcement or if they have to sign into the police department that the town code and the traffic code will be strictly enforced in Southold. SUPERVISOR RUSSELL: We will bring it to his attention. Thank you. MR. BETSCH: And if this gentleman is correct, what he was saying, I think something has to be done to correct the littoral drift because if it doesn't, Leeton Drive is going to wash away. SUPERVISOR RUSSELL: Thanks. Who else would like to address the Town Board? Anybody? Hugh Switzer, Peconic HUGH SWITZER: Thank you, Scott and the Board. Hugh Switzer, Peconic. I had about a 15 minute little discussion I was going to go through, I am going to make two points at this late time. You all have a very successful project underway at Goldsmiths Inlet, you started it in 2009, it has been clicking along. We are now down to the last phase and I would just like to ask you one more time to please, with some urgency, move into that last phase, which is phase III of that project. It is funded from the county and state grants, ready to go. So we are counting on you to get that last push. Thank you very much. Supervisor Russell SUPERVISOR RUSSELL: Thank you, Hugh. Would anybody else 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 9:07 P.M. Eli abeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Page 64