2014-06-03 town board - full agenda

8/12/2019 2014-06-03 Town Board - Full Agenda

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ELIZABETH A. NEVILLE Town Hall, 53095 MainRoad

TOWN CLERK PO Box 1179Southold, NY 11971

REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145MARRIAGE OFFICER Telephone: (631) 765 -

1800RECORDS MANAGEMENT OFFICER www.southoldtownny.gov

FREEDOM OF INFORMATION OFFICER

Tentative 5/30

AGENDASOUTHOLD TOWN BOARD

June 3, 20147:30 PM

POLICY: At scheduled Town Board meetings, the attending public is encouraged to brieflyaddress the Town Board relating to agenda resolutions prior to their enactment; the public will

also be given time at the conclusion of the regularly scheduled business agenda to address theBoard on any given topic.

ONLINE ACCESS: The Agenda is generally available the Friday before the meeting. Thevideo of the meeting is usually available 1-2 hours after the meeting. Minutes with adoptedresolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda andmeeting video can be viewed in one of two ways:(1) The town of Southold website: www.southoldtownny.gov Click on Town Board On-Line; Click Box Yes to be redirected to IQM2 and you will then be redirected to the TownClerk online site. (2) www.townclerk.com Enter zip code 11971 in box on lower right hand side and enter.

On the left hand side of screen a dark blue box will pop up, you will see "Town of Southold,Long Island, NY", click on this and another box will pop up that will tell you that you are beingdirected to another site click on Yes to go into the Town Clerk site.

Go to the date of the meeting and click on "Minutes Packet" this is the full copy of theresolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of themeeting by clicking on the camera symbol. All of this information is available 24/7.

If you would like help navigating the site, please feel free to call my office 631-765-1800.

CALL TO ORDER

7:30 PM Meeting called to order on June 3, 2014 at Meeting Hall, 53095 Route 25, Southold, NY.

Attendee Name Present Absent Late ArrivedCouncilman Robert Ghosio Councilman James Dinizio Jr Councilman William P. Ruland
http://www.southoldtownny.gov/


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Southold Town Meeting Agenda - June 3, 2014Page 2

Councilwoman Jill Doherty Justice Louisa P. Evans Supervisor Scott A. Russell

I. REPORTS

1. Recreation Department Monthly Report

April 2014

II. PUBLIC NOTICES

1. NYS Liquor License - New Application

The Crazy Fork

III. COMMUNICATIONS

IV. DISCUSSION

1. 9:00 Am - John SepenoskiPresentation of Online Maps

2. 9:30 Am - Michael Collins

FI Cinema Update & Dike Rehabilitation project update

3. 10:00 Am - Leslie Weisman

Proposed Time Limits on ZBA variance relief

4. 10:15 Am - Mark Terry

Soundview Dunes Park phragmites eradication RFP

5. 10:30 Am - Matthew Hetterich, Utopia Home Care

Request to use the Peconic Lane Community Center to hold educational training for HomeHealth Aides

6. 10:45 Am - Jeff Standish

Grading of beaches/recovery of sand

7. 11:00 Am - Constantine Macris

Powerpoint Presentation - FI pump out vessel proposal

8. 11:30 Am - Chris Baiz

Agricultural Advisory Committee report

9. 11:45 Lloyd Reisenberg & Chief Martin Flatley

Emergency preparedness & use of the Peconic community Center as an emergency shelter


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10. 3 Requests for Special Event Fee Waivers

Fleets Neck 5 K Pack 39 Cubmobile Race50th Annual Antiques Show & Sale

11. Regional Plastic Bag Ban

12. 5/22 Peconic Estuary Program Policy

Committee Meeting Update

13. Local Development Corporation (LDC)

Creation and appointment of Directors

14. Southold 375Th Anniversary

15. Helicopter Traffic

16. 12:30 Pm - EXECUTIVE SESSION - Labor - Matters Involving Employment of ParticularPerson/S

Chief Flatley

17. 12:00 Pm = Lloyd Reisenberg and Mark Terry

Suffolk County Hazard Mitigation Plan

SPECIAL PRESENTATION

Linda J. Cooper

Anti-Bias Task Force Presentation to James McKenna

V. RESOLUTIONS

2014-473CATEGORY: Audit DEPARTMENT: Town Clerk

Approve Audit

RESOLVED that the Town Board of the Town of Southold hereby approves the audit datedJune 3, 2014. Vote Record - Resolution RES-2014-473

Adopted

Adopted as Amended

Defeated

Tabled

Yes/Aye No/Nay Abstain Absent

Robert Ghosio

James Dinizio Jr


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Withdrawn

Supervisor's Appt

Tax Receiver's Appt

Rescinded

Town Clerk's Appt

Supt Hgwys Appt No Action

Lost

William P. Ruland

Jill Doherty

Louisa P. Evans

Scott A. Russell

2014-474CATEGORY: Set Meeting DEPARTMENT: Town Clerk

Set Next Regular Meeting

RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held,Tuesday, June 17, 2014 at the Southold Town Hall, Southold, New York at 4:30 P.M.. Vote Record - Resolution RES-2014-474

Adopted

Adopted as Amended

Defeated

Tabled

Withdrawn

Supervisor's Appt

Tax Receiver's Appt

Rescinded

Town Clerk's ApptSupt Hgwys Appt

No Action

Lost


Robert Ghosio

James Dinizio Jr

William P. Ruland

Jill Doherty

Louisa P. Evans

Scott A. Russell

2014-423Tabled 5/6/2014 7:30 PM CATEGORY: Enact Local Law DEPARTMENT: Town Clerk

Enact Local Law

WHEREAS there had been presented to the Town Board of the Town of Southold, SuffolkCounty, New York, on the 8 th day of April, 2014, a Local Law entitled A Local Law inrelation to Amendments to Chapter 280, Zoning, to Permit Commercial Solar EnergyProduction Systems as a Special Exception Use in the Light Industrial and Light IndustrialOffice Zones and


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WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaidLocal Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 6th day ofMay, 2014, at 7:32 p.m. at which time all interested persons were given an opportunity to beheard, now therefore, be it

RESOLVED the Town Board of the Town of Southold hereby ENACTS the proposed LocalLaw entitled, A Local Law in relation to Amendments to Chapter 280, Zoning, to PermitCommercial Solar Energy Production Systems as a Special Exception Use in the LightIndustrial and Light Industrial Office Zones which reads as follows:

LOCAL LAW NO. 2014A Local Law entitled, A Local Law in relation to Amendments to Chapter 280, Zoning, toPermit Commercial Solar Energy Production Systems as a Special Exception Use in theLight 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 limitdependence on imported fossil energy, and decrease greenhouse gas emissions to permitcommercial solar energy production systems with special exception approval in the LightIndustrial and Light Industrial Office Zones to minimize impacts to residents and scenicviewsheds 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 componentsinstalled upon land that utilize solar radiation to produce energy designed to provide electricityfor 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, exceptsubsection (B)(10), which may be permitted as a special exception by the PlanningBoard, and all such special exception uses shall be and subject to site plan approval bythe 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 minimumeight (8) foot high fence with a self-locking gate.

(d) Notwithstanding any requirement in Section 280-59 of this Chapter, the total


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surface area of all ground-mounted and freestanding solar collectors, includingsolar 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 preventreflective 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, placedunderground.

(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 onadjacent 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 andwelfare.(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 beextended for additional five-year terms upon application to the Planning Board.

(l) Decommissioning/Removal:(i) Any commercial solar energy production system that is not operated for a

continuous period of 24 months shall be deemed abandoned. At that time,the owner of the commercial solar energy production system or the ownerof the property where the commercial solar energy production system islocated shall remove all components thereof within 90 days of such

deemed abandonment or will be in violation of this section. In the case ofa commercial solar energy production system on preexisting structures,this provision shall apply to the commercial solar energy productionsystem only. If the commercial solar energy production system is notremoved within said 90 days, the Building Inspectors may give the ownernotice that unless the removal is accomplished within 30 days, the Townwill cause the removal at the owners expense. All costs and expensesincurred by the Town in connection with any proceeding or any work donefor the removal of a commercial solar energy production system shall beassessed 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 beascertained or located, then such statement shall be posted in aconspicuous place on the premises. Such assessment shall be andconstitute a lien upon such land. If the owner of the system and the ownerof the property upon which the system is located shall fail to pay suchexpenses within 10 days after the statement is presented or posted, a legalaction may be brought to collect such assessment or to foreclose such lien.As an alternative to the maintenance of any such action, the Building


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Inspector may file a certificate of the actual expenses incurred asaforesaid, together with a statement identifying the property in connectionwith which the expenses were incurred and the owner of the system andthe owner of the property upon which the system is located, with the

Assessors, who shall, in the preparation of the next assessment roll, assesssuch amount upon such property. Such amount shall be included in thelevy against such property, shall constitute a lien and shall be collectedand enforced in the same manner, by the same proceedings, at the sametime and under the same penalties as are provided by law for the collectionand enforcement of real property taxes in the Town of Southold.

(ii) This section is enacted pursuant to Section 10 of the Municipal HomeRule Law to promote the public health, safety and general welfare ofTown citizens through removal provisions to ensure the properdecommissioning of commercial solar energy production systems withinthe entire Town. The removal reduction provision of this chapter shall

supersede any inconsistent portions of the Town Law Section 64(5-a) andgovern the subject of removal of commercial solar energy productionsystems 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, exceptsubsection (B)(10), which may be permitted as a special exception by the PlanningBoard, and all such special exception uses shall be and subject to site plan approval bythe 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 minimumeight (8) foot high fence with a self-locking gate.

(d) Notwithstanding any requirement in Section 280-63 of this Chapter, the totalsurface area of all ground-mounted and freestanding solar collectors, includingsolar 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, placedunderground.

(h) The installation of a clearly visible warning sign concerning voltage must be


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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 andwelfare.(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 beextended for additional five-year terms upon application to the Planning Board.

(l) Decommissioning/Removal:(i) Any commercial solar energy production system that is not operated for a

continuous period of 24 months shall be deemed abandoned. At that time,the owner of the commercial solar energy production system or the ownerof the property where the commercial solar energy production system islocated shall remove all components thereof within 90 days of such

deemed abandonment or will be in violation of this section. In the case ofa commercial solar energy production system on preexisting structures,this provision shall apply to the commercial solar energy productionsystem only. If the commercial solar energy production system is notremoved within said 90 days, the Building Inspectors may give the ownernotice that unless the removal is accomplished within 30 days, the Townwill cause the removal at the owners expense. All costs and expensesincurred by the Town in connection with any proceeding or any work donefor the removal of a commercial solar energy production system shall beassessed 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 beascertained or located, then such statement shall be posted in aconspicuous place on the premises. Such assessment shall be andconstitute a lien upon such land. If the owner of the system and the ownerof the property upon which the system is located shall fail to pay suchexpenses within 10 days after the statement is presented or posted, a legalaction may be brought to collect such assessment or to foreclose such lien.As an alternative to the maintenance of any such action, the BuildingInspector may file a certificate of the actual expenses incurred asaforesaid, together with a statement identifying the property in connectionwith which the expenses were incurred and the owner of the system andthe owner of the property upon which the system is located, with theAssessors, who shall, in the preparation of the next assessment roll, assesssuch amount upon such property. Such amount shall be included in thelevy against such property, shall constitute a lien and shall be collectedand enforced in the same manner, by the same proceedings, at the sametime and under the same penalties as are provided by law for the collectionand enforcement of real property taxes in the Town of Southold.

(ii) This section is enacted pursuant to Section 10 of the Municipal Home


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Rule Law to promote the public health, safety and general welfare ofTown citizens through removal provisions to ensure the properdecommissioning of commercial solar energy production systems withinthe entire Town. The removal reduction provision of this chapter shall

supersede any inconsistent portions of the Town Law Section 64(5-a) andgovern the subject of removal of commercial solar energy productionsystems 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 thefee for an amendment to a site plan application for commercial solar energy productionsystems shall be $2,000.00.

III. SEVERABILITYIf any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by anycourt of competent jurisdiction to be invalid, the judgment shall not affect the validity of this lawas a whole or any part thereof other than the part so decided to be unconstitutional or invalid.

IV. EFFECTIVE DATEThis Local Law shall take effect immediately upon filing with the Secretary of State as provided

by law. Vote Record - Resolution RES-2014-423

Adopted

Adopted as Amended

Defeated

TabledWithdrawn

Supervisor's Appt

Tax Receiver's Appt

Rescinded

Town Clerk's Appt

Supt Hgwys Appt

No Action

Lost


Robert Ghosio

James Dinizio Jr

William P. Ruland

Jill Doherty

Louisa P. Evans

Scott A. Russell

2014-445CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk

Fleetsneck Property Owners 5K Fun Run Financial Impact:Total Police Cost for the Event = $289.13


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RESOLVED the Town Board of the Town of Southold hereby grants permission to FleetsneckProperty Owners Association to hold a 5K Fun Run in Fleetsneck, Cutchogue on SaturdayAugust 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 therequirements as listed in the Town Policy on Special Events and Use of Recreation Areas andTown Roads. Support is for this year only, as the Southold Town Board continues to evaluatethe use of town roads.

Vote Record - Resolution RES-2014-445

Adopted

Adopted as Amended

Defeated

Tabled

Withdrawn

Supervisor's Appt

Tax Receiver's Appt

RescindedTown Clerk's Appt

Supt Hgwys Appt

No Action

Lost


Robert Ghosio

James Dinizio Jr

William P. Ruland

Jill Doherty

Louisa P. Evans

Scott A. Russell

2014-475CATEGORY: 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 equipmentand 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-2014-475

Adopted

Adopted as AmendedDefeated

Tabled

Withdrawn

Supervisor's Appt

Tax Receiver's Appt

Rescinded

Town Clerk's Appt

Supt Hgwys Appt


Robert Ghosio

James Dinizio Jr

William P. Ruland

Jill Doherty

Louisa P. Evans

Scott A. Russell


11/28


No Action

Lost

2014-476CATEGORY: 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 tothe position of Seasonal Police Officer for the Southold Town Police Department, effectiveJune 4, 2014 through September 14, 2014, at a rate of $20.81 per hour. Vote Record - Resolution RES-2014-476

Adopted


Tabled

Withdrawn

Supervisor's Appt

Tax Receiver's Appt

Rescinded

Town Clerk's Appt

Supt Hgwys Appt

No Action

Lost


Robert Ghosio

James Dinizio Jr

William P. Ruland

Jill Doherty

Louisa P. Evans

Scott A. Russell

2014-477CATEGORY: Budget Modification DEPARTMENT: Police Dept

Police Department-Budget Modification Financial Impact: Modification needed to transfer funds from the Police Officer Training budget line into the PD Meetingsand Seminars line in anticipation of upcoming meetings for 2014

RESOLVED that the Town Board of the Town of Southold hereby modifies the 2014 GeneralFund Whole Town budget as follows:

From:A.3120.4.600.200 Police, Miscellaneous

Police Officer Training $3,000TOTAL $3,000

To:


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A.3120.4.600.225 Police, MiscellaneousMeetings & Seminars $3,000TOTAL $3,000

Vote Record - Resolution RES-2014-477Adopted

Adopted as Amended

Defeated

Tabled

Withdrawn

Supervisor's Appt

Tax Receiver's Appt

Rescinded

Town Clerk's Appt

Supt Hgwys Appt

No Action

Lost


Robert Ghosio

James Dinizio Jr

William P. Ruland

Jill Doherty

Louisa P. Evans

Scott A. Russell

2014-478CATEGORY: Committee Appointment DEPARTMENT: Town Clerk

Appointments to LDC

RESOLVED that the Town Board of the Town of Southold hereby appoints the followingmembers to the Local Development Corporation Board of Directors, effective immediately:

Jeanne Kelley Stephen Latham Noreen McKennaJohn Schopfer Rona Smith


Adopted as Amended

Defeated

Tabled

Withdrawn

Supervisor's Appt

Tax Receiver's Appt

Rescinded

Town Clerk's Appt


Lost


Robert Ghosio

James Dinizio Jr

William P. Ruland

Jill Doherty

Louisa P. Evans

Scott A. Russell

2014-479CATEGORY: Bid Acceptance


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DEPARTMENT: Town Clerk

Accept Bid for Chevy Cavalier

RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of DavidDeFriest in the amount of $759.00 for the asset #2330, 1998 Chevy Cavalier. Vote Record - Resolution RES-2014-479

Adopted

Adopted as Amended

Defeated

Tabled

Withdrawn

Supervisor's Appt

Tax Receiver's Appt

Rescinded

Town Clerk's Appt

Supt Hgwys Appt

No ActionLost


Robert Ghosio

James Dinizio Jr

William P. Ruland

Jill Doherty

Louisa P. Evans

Scott A. Russell

2014-480CATEGORY: Employment - Town DEPARTMENT: Accounting

Appoint Lori McKiernan PT Tax Cashier

RESOLVED that the Town Board of the Town of Southold hereby appoints Lori McKiernanto 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-2014-480

Adopted

Adopted as Amended

Defeated

Tabled

Withdrawn

Supervisor's Appt

Tax Receiver's Appt

Rescinded

Town Clerk's ApptSupt Hgwys Appt

No Action

Lost


Robert Ghosio

James Dinizio Jr

William P. Ruland

Jill Doherty

Louisa P. Evans

Scott A. Russell

2014-481


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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 toread as follows:

WHEREAS, the State of New York has set additional reporting requirements in Section 315.4 of the NewYork Codes, Rules and Regulations which requires all elected and appointed officials whose terms starton or after August 12, 2009, who are members of the New York State and Local Retirement System andwho do not participate in their employers time keeping system to prepare a log of their work-relatedactivities 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 standardworkdays for elected and appointed officials and will report the following days worked to the New YorkState and the Local Employees Retirement System based on the record of activities maintained andsubmitted by these officials to the clerk of this body:

Title Name Standard Term Begins/ Participates in Days/Month(based onWork Ends Employers Record of Activities)Day Time Keeping

(Hrs/day) System

Town Board Member Robert Ghosio Jr. 6 1/1/14-12/31/17 N 14.73Justice William Price 6 1/1/14-12/31/17 N 17.74Superintendent of Vincent Orlando 8 1/1/14-12/31/17 N 26.21Highways

BE IT FURTHER RESOLVED, that said standard is being established to meet the accountingrequirements of the New York State Employees Retirement System for calculation of retirement benefits,andBE IT FURTHER RESOLVED, that the Town Clerk be and she hereby is authorized to send a certifiedcopy 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 NewYork, 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 nd day of April 2014 on file as part of the minutes ofsuch 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 this22 nd day of April 2014 .

S E A L ____________________________________ Elizabeth A. Neville


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Town Clerk Town of Southold


Adopted

Adopted as Amended

DefeatedTabled

Withdrawn

Supervisor's Appt

Tax Receiver's Appt

Rescinded

Town Clerk's Appt

Supt Hgwys Appt

No Action

Lost

Yes/Aye No/Nay Abstain AbsentRobert Ghosio

James Dinizio Jr

William P. Ruland

Jill Doherty

Louisa P. Evans

Scott A. Russell

2014-482CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Engineering

Change Order #2 Dike Rehabilitation Project

RESOLVED that the Town Board of the Town of Southold hereby approves Change Order #2 tothe 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 theapproval of the Town Attorney and Town Engineer. Vote Record - Resolution RES-2014-482

Adopted

Adopted as Amended

Defeated

Tabled

Withdrawn

Supervisor's Appt

Tax Receiver's Appt

Rescinded

Town Clerk's Appt

Supt Hgwys Appt

No Action

Lost


Robert Ghosio

James Dinizio Jr

William P. Ruland

Jill Doherty

Louisa P. Evans

Scott A. Russell

2014-483CATEGORY: Public Service DEPARTMENT: Town Clerk


16/28


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 afireworks 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 StrawberryFestival, on the northeast side of Strawberry Field, Mattituck, New York upon the payment of afee of $200, subject to the applicants compliance with the requirements of the Towns policyregarding the issuance of fireworks permits and subject to the approval of the Town Attorney.


Adopted

Adopted as Amended

Defeated

Tabled

Withdrawn

Supervisor's Appt

Tax Receiver's Appt

Rescinded

Town Clerk's Appt

Supt Hgwys Appt

No Action

Lost


Robert Ghosio

James Dinizio Jr

William P. Ruland

Jill Doherty

Louisa P. Evans

Scott A. Russell

2014-484CATEGORY: 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 TownClerks 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-2014-484

Adopted

Adopted as Amended

Defeated

Tabled

Withdrawn

Supervisor's Appt

Tax Receiver's Appt

Rescinded

Town Clerk's Appt

Supt Hgwys Appt

No Action

Lost


Robert Ghosio

James Dinizio Jr

William P. Ruland

Jill Doherty

Louisa P. Evans

Scott A. Russell


17/28


2014-485CATEGORY: 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 ofDvirka and Bartilucci Consulting Engineers to prepare a petition to the New York State DEC fora reduction in quarterly groundwater sampling around the Cutchogue landfill based on anassessment of historical data indicating less frequent and lower concentrations of detection ofleachate indicators, approval of which is estimated to save hundreds of thousands of dollars overthe remaining 20 years of required testing, at a cost not to exceed $5,550, all in accordance withthe Town Attorney. Vote Record - Resolution RES-2014-485

AdoptedAdopted as Amended

Defeated

Tabled

Withdrawn

Supervisor's Appt

Tax Receiver's Appt

Rescinded

Town Clerk's Appt

Supt Hgwys Appt

No Action

Lost


Robert Ghosio

James Dinizio Jr

William P. Ruland

Jill Doherty

Louisa P. Evans

Scott A. Russell

2014-486CATEGORY: Committee Appointment DEPARTMENT: Town Clerk

HPC Appointment

RESOLVED that the Town Board of the Town of Southold hereby appoints Edward Webb to thevacant position on the Historic Preservation Commission, effective immediately, term to expire

March 31, 2017. Vote Record - Resolution RES-2014-486Adopted

Adopted as Amended

Defeated

Tabled

Withdrawn

Supervisor's Appt

Tax Receiver's Appt


Robert Ghosio

James Dinizio Jr

William P. Ruland

Jill Doherty


18/28


Rescinded

Town Clerk's Appt

Supt Hgwys Appt

No Action

Lost

Louisa P. Evans

Scott A. Russell

2014-487CATEGORY: Attend Seminar DEPARTMENT: Police Dept

Police Department-Training Request

RESOLVED that the Town Board of the Town of Southold hereby grants permission to PoliceOfficer 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 2014Juvenile Aid budget line A.3157.4.600.200. Vote Record - Resolution RES-2014-487

Adopted

Adopted as Amended

Defeated

Tabled

Withdrawn

Supervisor's Appt

Tax Receiver's Appt

Rescinded

Town Clerk's Appt


Lost


Robert Ghosio

James Dinizio Jr

William P. Ruland

Jill Doherty

Louisa P. Evans

Scott A. Russell

2014-488CATEGORY: Employment - Town DEPARTMENT: Recreation

Appoint Seasonal Staff Recreation Department

RESOLVED that the Town Board of the Town of Southold hereby appoints thefollowing 2014 seasonal summer staff for the period June 28 - September 1 asfollows:

STILLWATER LIFEGUARD HOURLY SALARY1. Aileen Rosin (1st year)... $12.17


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Adopted as Amended

Defeated

Tabled

WithdrawnSupervisor's Appt

Tax Receiver's Appt

Rescinded

Town Clerk's Appt

Supt Hgwys Appt

No Action

Lost


Robert Ghosio

James Dinizio Jr

William P. Ruland

Jill Doherty

Louisa P. Evans

Scott A. Russell


Amend Resolution No. 2014-435

RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2014-435 toread as follows:

RESOLVED that the Town Board of the Town of Southold hereby appoints the following2014 seasonal summer staff for the period June 28 - September 1 as follows:

STILLWATER LIFEGUARDS HOURLY SALARY1. Connor Almberg (1st year).. $12.172. John Baglivi (2nd year) $12.443. Lucy Martin (1st year) $12.174. Nicholas Chylinski (3rd year).. $12.725. Markis Croteau (3rd year) $12.726. Hannah Fitzgerald (1st year) $12.177. Mally Fogarty (3rd year).. $12.728. Katharine Freudenberg (3rd year) $12.729. Dylan Hahn (3rd year).. $12.72

10. Ernest Kozlowski (2nd year). $12.4411. Roy Lebkuecher (2nd year)... $12.4412. Michel Liegey (4th year).. $12.9913. Sean Moran (1st year).... $12.1714. John Nolan (3rd year).. $12.7215. Mallaigh Nolan (2nd year)... $12.4416. Siobhan Nolan (2nd year)... $12.4417. Jessica Orlando (7th year) $13.82


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18. Julia Orlando (3rd year) $12.7219. Kevin Schwartz (4th year). $12.9920. Greg Sheryll (1st year) $12.1721. Patrick Sinclair (2nd year). $12.44

22. Breton Worthington (5th year).. $13.27BEACH ATTENDANTS1. Mary Bertschi (3rd year).. $9.752. Joshua Hassildine (1st year).. $9.423. Caroline Metz (2nd year) $9.584. Sidney Mulvaney (1st year).. $9.425. Jessica Rizzo (2nd year) $9.586. Ally Robins (1st year).... $9.427. Natalie Troisi (2nd year) $9.58BEACH MANAGERS1. Tim McElroy (7th year). $15.34

2. Will Seifert (4th year) $14.44LIFEGUARD TRAINER 1. Meg Sautkulis (5th year) $16.74 Vote Record - Resolution RES-2014-489

Adopted

Adopted as Amended

Defeated

Tabled

Withdrawn

Supervisor's Appt

Tax Receiver's Appt

Rescinded

Town Clerk's Appt

Supt Hgwys Appt

No Action

Lost


Robert Ghosio

James Dinizio Jr

William P. Ruland

Jill Doherty

Louisa P. Evans

Scott A. Russell


Accepts Resignation of Geroline Markiewicz

RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation ofGeroline Markiewicz from the position of Full Time Mini Bus Driver for the HumanResource Center, effective May 30, 2014. Vote Record - Resolution RES-2014-490

Adopted

Adopted as Amended

Defeated


Robert Ghosio


21/28


22/28


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 theamount of $250.00 for his Beach Wedding at Southold Town Beach and

WHEREAS the Southold Town Recreation Director Ken Reeves has informed the Town Clerksoffice 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 inthe amount of $250.00 to Frank A. Perrone, P O Box 651, Southold, New York 11971. Vote Record - Resolution RES-2014-492

Adopted

Adopted as Amended

Defeated

TabledWithdrawn

Supervisor's Appt

Tax Receiver's Appt

Rescinded

Town Clerk's Appt

Supt Hgwys Appt

No Action

Lost


Robert Ghosio

James Dinizio Jr

William P. Ruland

Jill Doherty

Louisa P. Evans

Scott A. Russell


Authorizes PT Minibus Driver Vito DiVello to Work FT

WHEREAS the Towns Programs for the Agings driver pool is short employees and the TownBoard has determined that the Programs pool requires full-time coverage until pool is refilled inapproximately 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. DiVellos existing rate of $16.93 per hour. Vote Record - Resolution RES-2014-493

Adopted

Adopted as Amended

Defeated

Tabled

Withdrawn

Supervisor's Appt


Robert Ghosio

James Dinizio Jr

William P. Ruland


23/28


Tax Receiver's Appt

Rescinded

Town Clerk's Appt

Supt Hgwys Appt

No Action

Lost

Jill Doherty

Louisa P. Evans

Scott A. Russell


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 nocompensation. Vote Record - Resolution RES-2014-494

Adopted

Adopted as Amended

Defeated

Tabled

Withdrawn

Supervisor's Appt

Tax Receiver's Appt

Rescinded

Town Clerk's Appt


Lost


Robert Ghosio

James Dinizio Jr

William P. Ruland

Jill Doherty

Louisa P. Evans

Scott A. Russell

2014-495CATEGORY: Refund DEPARTMENT: Town Clerk

Return of Clean-Up Deposit to New Suffolk Waterfront Fund

WHEREAS the New Suffolk Waterfront Fund supplied the Town of Southold with a Clean-upDeposit fee in the amount of $210.00 for its Annual ChowderFest and

WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerksoffice 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


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the amount of $210.00 to New Suffolk Waterfront Fund, Inc., P. O. Box 146, New Suffolk, NewYork 11956 Vote Record - Resolution RES-2014-495

Adopted

Adopted as Amended

Defeated

Tabled

Withdrawn

Supervisor's Appt

Tax Receiver's Appt

Rescinded

Town Clerk's Appt

Supt Hgwys Appt

No Action

Lost


Robert Ghosio

James Dinizio Jr

William P. Ruland

Jill Doherty

Louisa P. Evans

Scott A. Russell


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-2014-496

Adopted


Tabled

Withdrawn

Supervisor's Appt

Tax Receiver's Appt

Rescinded

Town Clerk's Appt

Supt Hgwys Appt

No Action

Lost


Robert Ghosio

James Dinizio Jr

William P. Ruland

Jill Doherty

Louisa P. Evans

Scott A. Russell

VI. PUBLIC HEARINGS

1. PH 5/6/14 @7:32 PM LL/ LI & LIO Solar Code

History:05/06/14 Town Board ADJOURNED Next: 06/03/14NOTICE IS HEREBY GIVEN, there had been presented to the Town Board of the Town ofSouthold, Suffolk County, New York, on the 8 th day of April, 2014, a Local Law entitled A


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Local Law in relation to Amendments to Chapter 280, Zoning, to Permit Commercial SolarEnergy Production Systems as a Special Exception Use in the Light Industrial and LightIndustrial Office Zones andNOTICE 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 6 th 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 ExceptionUse in the Light Industrial and Light Industrial Office Zones reads as follows:LOCAL LAW NO. 2014A Local Law entitled, A Local Law in relation to Amendments to Chapter 280, Zoning, toPermit Commercial Solar Energy Production Systems as a Special Exception Use in theLight 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 limitdependence on imported fossil energy, and decrease greenhouse gas emissions to permitcommercial solar energy production systems with special exception approval in the LightIndustrial and Light Industrial Office Zones to minimize impacts to residents and scenicviewsheds 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 componentsinstalled upon land that utilize solar radiation to produce energy designed to provide electricityfor 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, exceptsubsection (B)(10), which may be permitted as a special exception by the Planning Board, andall 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 aself-locking gate.(d) Notwithstanding any requirement in Section 280-59 of this Chapter, the total surface areaof 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 thesystem from adjacent properties.(f) All solar energy production systems are designed and located in order to preventreflective 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.


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(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 adjacentand nearby properties.

(j) In approving a special exception, the Planning Board may waive or modify any of theabove 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 twentyyears, commencing from the grant of the special exception, which may be extended foradditional five-year terms upon application to the Planning Board.(l) Decommissioning/Removal:(i) Any commercial solar energy production system that is not operated for a continuous

period of 24 months shall be deemed abandoned. At that time, the owner of the commercialsolar 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 deemedabandonment 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 solarenergy production system only. If the commercial solar energy production system is notremoved within said 90 days, the Building Inspectors may give the owner notice that unless theremoval is accomplished within 30 days, the Town will cause the removal at the ownersexpense. All costs and expenses incurred by the Town in connection with any proceeding or anywork done for the removal of a commercial solar energy production system shall be assessedagainst the land on which such commercial solar energy production system is located, and astatement of such expenses shall be presented to the owner of the property, or if the ownercannot be ascertained or located, then such statement shall be posted in a conspicuous place onthe premises. Such assessment shall be and constitute a lien upon such land. If the owner of thesystem 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 broughtto collect such assessment or to foreclose such lien. As an alternative to the maintenance of anysuch action, the Building Inspector may file a certificate of the actual expenses incurred asaforesaid, together with a statement identifying the property in connection with which theexpenses were incurred and the owner of the system and the owner of the property upon whichthe system is located, with the Assessors, who shall, in the preparation of the next assessmentroll, assess such amount upon such property. Such amount shall be included in the levy againstsuch property, shall constitute a lien and shall be collected and enforced in the same manner, bythe same proceedings, at the same time and under the same penalties as are provided by law forthe 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 systemswithin the entire Town. The removal reduction provision of this chapter shall supersede anyinconsistent portions of the Town Law Section 64(5-a) and govern the subject of removal ofcommercial 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


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subsection (B)(10), which may be permitted as a special exception by the Planning Board, andall 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 aself-locking gate.(d) Notwithstanding any requirement in Section 280-63 of this Chapter, the total surface areaof 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 thesystem from adjacent properties.(f) All solar energy production systems are designed and located in order to preventreflective 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 adjacentand nearby properties.(j) In approving a special exception, the Planning Board may waive or modify any of theabove 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 twentyyears, commencing from the grant of the special exception, which may be extended foradditional five-year terms upon application to the Planning Board.(l) Decommissioning/Removal:

(i) Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercialsolar 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 deemedabandonment 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 solarenergy production system only. If the commercial solar energy production system is notremoved within said 90 days, the Building Inspectors may give the owner notice that unless theremoval is accomplished within 30 days, the Town will cause the removal at the ownersexpense. All costs and expenses incurred by the Town in connection with any proceeding or anywork done for the removal of a commercial solar energy production system shall be assessedagainst the land on which such commercial solar energy production system is located, and astatement of such expenses shall be presented to the owner of the property, or if the ownercannot be ascertained or located, then such statement shall be posted in a conspicuous place onthe premises. Such assessment shall be and constitute a lien upon such land. If the owner of thesystem and the owner of the property upon which the system is located shall fail to pay suchexpenses within 10 days after the statement is presented or posted, a legal action may be broughtto collect such assessment or to foreclose such lien. As an alternative to the maintenance of anysuch action, the Building Inspector may file a certificate of the actual expenses incurred as


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aforesaid, together with a statement identifying the property in connection with which theexpenses were incurred and the owner of the system and the owner of the property upon whichthe system is located, with the Assessors, who shall, in the preparation of the next assessmentroll, 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, bythe same proceedings, at the same time and under the same penalties as are provided by law forthe 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 systemswithin the entire Town. The removal reduction provision of this chapter shall supersede anyinconsistent portions of the Town Law Section 64(5-a) and govern the subject of removal ofcommercial 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 anamendment to a site plan application for commercial solar energy production systems shall be$2,000.00.III. SEVERABILITYIf any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by anycourt of competent jurisdiction to be invalid, the judgment shall not affect the validity of this lawas a whole or any part thereof other than the part so decided to be unconstitutional or invalid.IV. EFFECTIVE DATEThis Local Law shall take effect immediately upon filing with the Secretary of State as provided

by law.

2. Moffat Farm North, LLC Set P.H. Dev Rights Easement

2014-06-03 town board - full agenda

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