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Home My WebLink AboutAG-04/10/2007 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER FINAL AGENDA SOUTHOLD TOWN BOARD April 10, 2007 7:30 PM Attendee Name Present Absent Late Arrival Councilman Albert Krupski Jr. ??? Councilman William P. Edwards ??? Councilman Daniel C. Ross ??? Councilman Thomas H. Wickham ??? Justice Louisa P. Evans ??? Supervisor Scott Russell ??? Town Clerk Elizabeth A Neville ??? Town Attorney Patricia A Finnegan ??? POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. Call to Order. Pledge of Allegiance. I. REPORTS 1. Supervisor’s Budget Report Month ended December 31, 2006 2. Supervisor’s Budget January 2007 3. Supervisor’s Budget February 2007 4. Justice Court - Bruer March 2007 Southold Town Meeting Agenda - April 10, 2007 Page 2 5. Program for the Disabled March 2007 II. PUBLIC NOTICES 1. Seasonal Liquor License Renewal with NYS Liquor Authority Fishers Island Country Club, Inc., Club House, Fishers Island 2. Seasonal Liquor License Renewal with NYS Liquor Authority Fishers Island Country Club, Inc., Beach House, Fishers Island 3. Application to Army Corps of Engineers Suffolk County Dept of Public Works to dredge with ten years maintenance and sand discharge for beach nourishment - Little Creek, Little Peconic Bay, East Cutchogue 4. Renewal of Summer Liquor License with NYS Liquor Authority Fishers Island Yacht Club 5. Spring 2007 Leaf and Brush Cleanup Cleanup begins April 16, 2007 in Laurel. Grace Period at the Disposal area will be April 14 through May 13, 2007 6. Minor Alteration to Liquor Permit with NYS Liquor Authority Farmers Bar, Inc., 4805 Depot Lane, Cutchogue 7. Liquor License Renewal with NYS Liquor Authority Cutchogue Diner, Main Rd, Cutchogue III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 AM - Melissa Spiro, John Sepenoski, Mark Terry AG PDDs 2. 10:00 AM - Jamie Richter Animal Shelter 3. Secretary of Ag Advisory Committee Councilman Edwards Southold Town Meeting Agenda - April 10, 2007 Page 3 4. Boat Ramp Fees and Ramps Councilman Krupski 5. Follow Up - LWRP/Trustee Joint Meeting 6. A Local Law In Relation to Amendments to the Merger Law 7. A Local Law In Relation to Amendments to the Calculation of Lot Coverage of Buildable Land 8. Moorings In Peconic Bay Moorings for waterfront owners Mooring and non-mooring fields Administration of permitting process Parking Other 9. Request for Seminar Continuing education 10. Committee Term Expirations & Reappointments 11. Executive Session - Personnel Highway Department 12. Executive Session - Personnel Environmental Technician Job Description and Extension of Probation 13. Executive Session Board of Ethics Decision 14. P S D I I V. RESOLUTIONS 2007-343 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit April 10, 2007 Southold Town Meeting Agenda - April 10, 2007 Page 4 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby April 10, 2007. Vote Record - Resolution RES-2007-343 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-344 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Meeting April 24, 2007 4:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, April 24, 2007 at the Southold Town Hall, Southold, New York at 4:30 P. M.. Vote Record - Resolution RES-2007-344 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-338 Tabled 3/27/2007 4:30 PM CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Merger WHEREAS , there has been presented to the Town Board of the Town of Southold, Suffolk th County, New York, on the 27 day of February, 2007, a Local Law entitled, “A Local Law in relation to Amendments to the Merger Law”, and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law, at which time all interested persons were given an opportunity to be heard, now, therefore be it RESOLVED that the Town board of the Town of Southold determines that this Local Law is consistent with the LWRP; and further Southold Town Meeting Agenda - April 10, 2007 Page 5 RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, “ A Local Law in relation to Amendments to the Merger Law” which reads as follows: LOCAL LAW NO. _______ OF 2007 BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose – The Town Board has received substantial public comment to the effect that the Town of Southold merger law, as currently constituted, unfairly subjects surviving spouses and other joint owners of property to the loss of the single and separate status of their adjoining properties merely by the death of one such joint owner. Inasmuch as the Town Board believes this result is unjust and not the intended consequence of the merger law, it believes it necessary to provide for a limited exception to the merger of such properties. II. Chapter 280 of the Town Code of the Town of Southold is hereby amended as follows: §280-10. Merger. A. Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of 50 feet or more in distance. Nonconforming lost shall merge until the total lot size conforms to the current bulk schedule requirements. B. Definitions. “Common Ownership” shall mean that the parcel is held by the same person in the same percentage of ownership as an adjoining. C. Exceptions. Lots which are recognized under §280-9 and meet any of the following categories shall be exempt from the merger provision set forth above and shall not be deemed merged by operation of this chapter: (1) The nonconforming lot has a minimum size of 40,000 square feet, of (2) The nonconforming lot obtained a lot size variance from the Zoning Board, or (3) If the lot is not on the maps described in former §100-12, Editor’s Note: Former §100-12, Exceptions, was repealed 11-28-1995 by L.L. No. 23- 1995, effective January 1, 1996, the nonconforming lot has been held in single and separate ownership from July 1, 1983 to date, or (4) If the lot is on the maps described in former §100-12, the nonconforming lot has been held in single and separate ownership from January 1, 1997, to date, [Amended 3-4-1997 by L.L. No. 4-1997] or (5) Each lot is currently developed with a one-family dwelling with a minimum 850 square feet which falls within the existing lot lines and Southold Town Meeting Agenda - April 10, 2007 Page 6 which has a certificate of occupancy or would qualify for one, [Added 3- 4-1997 by L.L. No. 4-1997] or (6) If the lots would otherwise be recognized pursuant to this chapter, and subsequently would have merged by operation of law as a result of the death of an owner or co-owner of one or more of the adjoining lots, except that the lots shall not be held in common ownership after the death of the surviving co-owner. 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-2007-338 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-339 Tabled 3/27/2007 4:30 PM CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Calculation of Lot Coverage WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 27th day of February, 2007 a Local Law entitled relation to Amendments to the Calculation of Lot Coverage of Buildable Land ” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, now therefore be it Southold Town Meeting Agenda - April 10, 2007 Page 7 RESOLVED that the Town Board of the Town of Southold determines that this Local Law is consistent with the LWRP; and further RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed “A Local Law in relation to the Calculation of Lot Coverage of Local Law entitled, Buildable Land” reads as follows: LOCAL LAW NO. 2007 “A Local Law in relation to the Calculation of Lot Coverage of A Local Law entitled, Buildable Land” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose – In order to provide for the health, safety and welfare for the citizens of the Town of Southold, the Town Board finds it expedient to amend the Town Code so that the calculation of permissible lot coverage on an individual parcel shall first exclude lands that have . been deemed unbuildable by our local laws from an environmental perspective II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-4. Definitions. LOT COVERAGE – That percentage of the buildable lands existing on a lot area which is covered by the building area. BUILDABLE LANDS – The area of a lot or parcel, not including the square footage of tidal and freshwater wetlands, land seaward of the coastal erosion hazard area line, beaches, bluffs, primary dunes, secondary dunes, or underwater lands. The terms “wetlands,” beaches,” “bluffs,” and “underwater lands” shall have the meanings set forth in Chapter 275, Wetlands and Shoreline, of the Town Code. The terms “coastal erosion hazard area line,” “primary dunes” and “secondary dunes” shall have the meanings set forth in Chapter 111, Coastal Erosion Hazard Area, of the Town Code. BUILDABLE LAND – The net area of a lot or parcel after deducting wetlands, streams, ponds, slopes over 15%, underwater land, easements or other restrictions preventing use of such land for construction of buildings or development. Southold Town Meeting Agenda - April 10, 2007 Page 8 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. APPLICABILITY AND EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law, and shall apply to all applications filed after such date. Vote Record - Resolution RES-2007-339 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-340 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to Public Safety Dispatcher I Bryan Weingart to Attend Seminar on Crisis Call Handling In Riverhead, New York RESOLVED grants permission to Public that the Town Board of the Town of Southold hereby Safety Dispatcher I Bryan Weingart to attend a seminar on crisis call handling in Riverhead, New York, Monday, July 23 through Tuesday, July 24, 2007. The registration fee is $295.00, to include all course training materials, which will be a legal charge to the 2007 Public Safety Communications line A.3020.4.600.400. Travel to be by Town vehicle. Vote Record - Resolution RES-2007-340 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-341 CATEGORY: Grants Southold Town Meeting Agenda - April 10, 2007 Page 9 DEPARTMENT: Land Preservation Federal Grant Submission for Land Preservation RESOLVEDauthorizes submission of a that the Town Board of the Town of Southold hereby 2007 proposal to the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS), administering on behalf of the Commodity Credit Corporation, whereby the Town of Southold proposes a cooperative effort to acquire the development rights to agricultural properties which have been submitted by their owners to the Land Preservation Committee of the Town of Southold for sale of such rights to the Town of Southold, in accordance with the terms of the Fiscal Year 2007 Farm and Ranch Lands Protection Program (FRPP). Vote Record - Resolution RES-2007-341 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-342 CATEGORY: Budget Modification DEPARTMENT: Town Attorney Town Board Budget Modification RESOLVEDmodifies the 2007 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: To: A.1010.4.500.700 Town Board, Fee for Service, Non-Employee $1,604.00 From: A.1990.4.100.100 Contingencies $1,604.00 Southold Town Meeting Agenda - April 10, 2007 Page 10 Vote Record - Resolution RES-2007-342 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-345 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District Budget Mods: Fencing, Tires RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby Solid Waste Management District budget as follows: From: SR 8160.4.400.805 MSW Removal $ 32,000 SR 9901.9.000.100 Transfers To Capital Fund $ 10,000 To: SR 8160.2.500.700 Transfer Station Improvements $ 37,000 SR 8160.4.100.525 Tires – Payloader/Truck $ 5,000 Vote Record - Resolution RES-2007-345 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-346 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to Detective Steven Harned to Attend 2007 TASER Conference In Chicago, Illinois From July 8 Through July 10, 2007 RESOLVED grants permission to that the Town Board of the Town of Southold hereby Detective Steven Harned to attend a 2007 Taser Conference in Chicago, Illinois, commencing on Sunday, July 8 through Tuesday, July 10, 2007. All expenses for Southold Town Meeting Agenda - April 10, 2007 Page 11 registration, travel and lodging to be a legal charge to the 2007 Police Budget training line (A.3120.4.600.200). Vote Record - Resolution RES-2007-346 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-347 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept Bid for Dump Trucks - Highway RESOLVED that the Town Board of the Town of Southold hereby approves the bid of Gabrielli Truck Sales for the purchase of two (2) 2007 Sterling Acterra, six-wheel heavy duty trucks equipped with Godwin U-300 dump bodies, in the amount of $59,847.64 each [for a total of $119,695.28], for use by the Highway Department and subject to approval by the Town Attorney. FURTHER RESOLVED that the appropriation line to be charged is as follows: DB.5130.2.300.200. Vote Record - Resolution RES-2007-347 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-348 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Southold Village Merchants to Hold Its Tenth Annual Fourth of July Parade on Wednesday, July 4, 2007 At 11:00 AM RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Southold Village Merchants to use the following roads for its Tenth Annual Fourth of July Southold Town Meeting Agenda - April 10, 2007 Page 12 Parade on Wednesday, July 4, 2007 beginning at 11:00 AM: Boisseau Avenue along the Main Road to Tuckers Lane, Southold, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley, upon receipt of the approval of this resolution, to coordinate traffic control. Vote Record - Resolution RES-2007-348 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-349 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Mattituck Chamber of Commerce to Hold Its Annual Mattituck Street Fair and to Close Down Love Lane and Pike Street, East and West of Love Lane, Mattituck on Saturday July 7, 2007 (R/D July 8) From 8:00 AM to 4:30 PM RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Mattituck Chamber of Commerce to hold its Annual Mattituck Street Fair and to close down Love Lane and Pike Street, east and west of Love Lane, Mattituck on Saturday July 7, 2007 (r/d July 8) from 8:00 AM to 4:30 PM provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley, upon notification of the approval of this resolution, to coordinate traffic control. Vote Record - Resolution RES-2007-349 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-350 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Southold Town Meeting Agenda - April 10, 2007 Page 13 Accept John Deere Tractor Bid RESOLVEDaccepts the bid of LaCorte that the Town Board of the Town of Southold hereby Farm & Lawn Equipment of Calverton, New York, for the purchase of one (1) 2007 John Deere 5525 Tractor, with enclosed cab, equipped with a right-side arm flail mower, in the amount of $52,100.00, for use by the Southold Town Highway Department and subject to the approval of the Town Attorney. The Appropriation line to be charged is H.5130.2.300.100. Vote Record - Resolution RES-2007-350 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-351 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept Excavator Bid RESOLVED accepts the bid of TRIUS, that the Town Board of the Town of Southold hereby INC., of Bohemia, New York, for the purchase of one (1) 2001 Hyundai Model R 200W-3 Rubber Tire Hydraulic Excavator in “like-new” condition (Demonstrator Machine), in the amount of $95,000.00, for use by the Southold Town Highway Department and subject to the approval of the Town Attorney. The appropriation line to be charged is H.5130.2.300.200. Vote Record - Resolution RES-2007-351 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-352 CATEGORY: Budget Modification DEPARTMENT: Highway Department Southold Town Meeting Agenda - April 10, 2007 Page 14 Budget Modification-Highway 2007 RESOLVED modifies the 2007 Highway that the Town Board of the Town of Southoldhereby Fund Part Town budget as follows: To: DB.5130.2.300.100 Machinery Equipment & Capital Outlay Motor Vehicles Light Duty Vehicles $52,100.00 From: DB.5130.2.300.200 Machinery Equipment & Capital Outlay Motor Vehicles Heavy Duty Vehicles $50,304.72 DB.5142.2.400.200 Snow Removal Equipment Industrial Equipment Snow Equipment $1,795.28 Vote Record - Resolution RES-2007-352 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-353 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grants Permission to Police Officer William Brewer to Attend a One Day Seminar In Hicksville, New York on May 3, 2007 RESOLVED grants permission to Police that the Town Board of the Town of Southold hereby Officer William Brewer to attend a one day seminar presented by the NYS Fraternal Order of Police on "Beyond the Basics: How to Expand Your Rights & Power Within the School Zone" in Hicksville, New York, on Thursday, May 3, 2007. All expenses for registration and miscellaneous expenses to be a legal charge to the 2007 Police Budget DARE training line (A.3157.4.600.200). Travel to be by Town vehicle. Southold Town Meeting Agenda - April 10, 2007 Page 15 Vote Record - Resolution RES-2007-353 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-354 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk 9Th Annual Mighty North Fork Triathlon 7/8/07 RESOLVEDgrants permission for the that the Town Board of the Town of Southold hereby th "9 Annual Mighty North Fork Triathlon " sponsored by Event Power for the benefit of Cornell Marine Science Center and Rick Shalvey's Row for a Cure (Breast Cancer Research), on th Sunday, July 8, 2007 for its "8 Annual Mighty North Fork Triathlon", at Cedar Beach Park, Southold, New York, to use the following roads: Cedar Beach Road Paradise Point Road Main Bayview Road Jacobs Lane N. BayviewRoad Brigantine Drive Harbor Light Road Windjammer Drive Anchor Lane Dayton Road North Parish Drive Pine Neck Road Baywater Avenue South Harbor Hiawathas Path Nokomis Road Minnihaha Blvd. Longview Lane Wateredge Way Rambler Road Southold Town Meeting Agenda - April 10, 2007 Page 16 provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and secure permission from Suffolk County Parks, Recreation and Conservation for their use of Cedar Beach Park; and applicant must contact Capt. Flatley to coordinate traffic control upon notification of the adoption of this resolution. Vote Record - Resolution RES-2007-354 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-355 CATEGORY: Bid Acceptance DEPARTMENT: Public Works DPW - Commercial Van RESOLVED accepts the bid of that the Town Board of the Town of Southold hereby Ramp Chevrolet to supply the town with a 2007 Commercial Cutaway Van Chassis, with Trademaster Body in the amount of $32,478, for use by the Department of Public Works, all in accordance with the Town Attorney, said vehicle to be charged to Buildings & Grounds appropriation account number A.1620.2.300.200 (Trucks). Vote Record - Resolution RES-2007-355 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-356 CATEGORY: Authorize to Bid DEPARTMENT: Public Works Recreation Center Improvements RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for “Southold Town Recreation Center Improvements – Roof, Siding, Windows and Doors”, in accordance with the plans and construction specifications prepared by L.K. McLean Associates, P.C. Southold Town Meeting Agenda - April 10, 2007 Page 17 Vote Record - Resolution RES-2007-356 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-357 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to Police Officers William Brewer and Thomas Hudock to Attend a NYS Juvenile Officers Training Conference - Lake Placid, New York RESOLVED grants permission to Police that the Town Board of the Town of Southold hereby Officers William Brewer and Thomas Hudock to attend a Juvenile Officers Advanced Training Conference commencing Monday, August 27 through Friday, August 31, 2007 in Lake Placid, New York. All expenses for registration, travel and lodging to be a legal charge to the 2007 Police Budget DARE training line (A.3157.4.600.200). Travel to be by Town vehicle. Vote Record - Resolution RES-2007-357 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-358 CATEGORY: Budget Modification DEPARTMENT: Public Works Park Improvements - Budget Modification RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby General Fund Whole Town budget as follows: APPROPRIATIONS: TO: Southold Town Meeting Agenda - April 10, 2007 Page 18 A.1620.2.500.375 Building & Grounds, Capital Outlay, Town Beach Asphalt $32,000. A.1620.2.500.825 Buildings & Grounds, Capital Outlay, Cochran Park $10,000 FROM: A.1620.2.500.350 Building & Grounds, Capital Outlay, McCabe’s Guardrail $55,000 REVENUES: FROM: A.2025.00 Special Recreation Facility, Park & Playground Funds $13,000 Vote Record - Resolution RES-2007-358 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-359 CATEGORY: Budget Modification DEPARTMENT: Human Resource Center Budget Modification - Human Resource Center RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby General Fund Whole Town budget as follows: From: Appropriations: A.6772.1.200.100 Programs for the Aging $6,500.00 Personnel Services Part-Time Regular Earnings To: Appropriations: A.6772.1.100.200 Personnel Services $6,500.00 Overtime Earnings Vote Record - Resolution RES-2007-359 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell Southold Town Meeting Agenda - April 10, 2007 Page 19 2007-360 CATEGORY: Budget Modification DEPARTMENT: Public Works DPW - Budget Modification RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby General Fund Whole Town, Buildings & Grounds budget as follows: From: A.1620.2.300.200 Vehicles $5,000 To: A.1620.2.500.700 Yard Maintenance Equipment $5,000 Vote Record - Resolution RES-2007-360 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-361 CATEGORY: Employment - Town DEPARTMENT: Accounting Perm Appoint John Sepenoski RESOLVEDpermanently appoints that the Town Board of the Town of Southold hereby John Sepenoski to the position of Technical Coordinator II from the Suffolk County Department of Civil Service Certification of Eligibles effective immediately , salary to remain the same. Southold Town Meeting Agenda - April 10, 2007 Page 20 Vote Record - Resolution RES-2007-361 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-362 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoint John McVeigh PT Deckhand FI RESOLVEDappoints John T. McVeigh that the Town Board of the Town of Southold hereby to the position of a part-time deckhand Fishers Island Ferry District for the , effective April 4, 2007, at a rate of $10.00 per hour. Vote Record - Resolution RES-2007-362 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-363 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Appoint MICHAEL C. VOLINSKI to the Position of Full-Time Labor Crew Leader for the Southold Town Highway Department RESOLVEDappoints MICHAEL C. that the Town Board of the Town of Southold hereby VOLINSKI to the position of full-time Labor Crew Leader for the Southold Town Highway Department, effective April 12, 2007, at a rate of $26.9969 per hour. Vote Record - Resolution RES-2007-363 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell Southold Town Meeting Agenda - April 10, 2007 Page 21 2007-364 CATEGORY: Bid Acceptance DEPARTMENT: Public Works Used Vehicle - DPW RESOLVED accepts the bid of that the Town Board of the Town of Southold hereby Donald Grim, PO Box 300, Cutchogue, NY in the amount of $129. for a used, 1988 Dodge 3 yard Dump Truck, Fleet #PW3. Vote Record - Resolution RES-2007-364 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-365 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Hire John McElligott FI Ferry District Pt Deckhand RESOLVEDappoints John McElligott that the Town Board of the Town of Southold hereby to the position of a part-time Deckhand for the Fishers Island Ferry District, effective April 4, 2007, at a rate of $10.00 per hour. Vote Record - Resolution RES-2007-365 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-366 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Amendment to the Agreement with Cornell Cooperative Extension In Connection with the NYS Department of State Grant #C-006471 for Stormwater Management, Which Amendment Extends the Funding for This Agreement to March 31, 2008 Southold Town Meeting Agenda - April 10, 2007 Page 22 RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Amendment to the Agreement with Cornell Cooperative Extension in connection with the NYS Department of State Grant #C-006471 for Stormwater Management, which amendment extends the funding for this agreement to March 31, 2008 , subject to the approval of the Town Attorney. Vote Record - Resolution RES-2007-366 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-367 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Amendment to Agreement #C-006355 In Connection with the Implementation of the Town of Southold’s Local Waterfront Revitalization Program, Which Amendment Extends the Funding for This Agreement to March 31, 2008 RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Amendment to Agreement #C-006355 in connection with the implementation of the Town of Southold’s Local Waterfront Revitalization Program, which Amendment extends the funding for this Agreement to March 31, 2008 , subject to the approval of the Town Attorney. Vote Record - Resolution RES-2007-367 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-368 CATEGORY: Authorize to Bid DEPARTMENT: Town Clerk Rebid Animal Shelter HVAC Southold Town Meeting Agenda - April 10, 2007 Page 23 RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for re-bid for the HVAC construction within the new Southold Town Animal Shelter. Vote Record - Resolution RES-2007-368 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-369 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint John Sepenoski and Reappoints Christian Baiz and Douglas Cooper to the Agricultural Advisory RESOLVEDappoints John B. that the Town Board of the Town of Southold hereby Sepenoski Jr. and reappoints Christian BaizDouglas Cooper Agricultural and to the Advisory , effective through March 31, 2010. Vote Record - Resolution RES-2007-369 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-370 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk ABTF Reappointments RESOLVEDappoints Addae L. Watson that the Town Board of the Town of Southold hereby reappoints Merle LevineandValerie ShelbyAnti-Bias Task Force and to the , effective through March 31, 2010. Southold Town Meeting Agenda - April 10, 2007 Page 24 Vote Record - Resolution RES-2007-370 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-371 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Reappoint Elizabeth Thompson As an Architect to the Architectural Review Committee RESOLVEDreappoints Elizabeth that the Town Board of the Town of Southold hereby Thompson as an Architect to the Architectural Review Committee , effective through March 31, 2010. Vote Record - Resolution RES-2007-371 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-372 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Reappoint James C. Eckert and Jacob Smith (Student Position) to the Conservation Advisory Council RESOLVEDreappoints James C. that the Town Board of the Town of Southold hereby Eckert and Jacob Smith (student position) to the Conservation Advisory Council , effective through March 31, 2010. Vote Record - Resolution RES-2007-372 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell Southold Town Meeting Agenda - April 10, 2007 Page 25 2007-373 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint Sue Roache and Reappoints Mel Phaff to the Historic Preservation Commission RESOLVEDappoints Sue Roache and that the Town Board of the Town of Southold hereby reappoints Mel Phaff to the Historic Preservation Commission effective through March 31, 2011. Vote Record - Resolution RES-2007-373 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-374 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint William Gatz and Reappoints Nancy Pester and Leslie Weisman to the Housing Advisory Commission RESOLVEDappoints William Gatz and that the Town Board of the Town of Southold hereby reappoints Nancy Pester and Leslie Weisman to the Housing Advisory Commission , effective through March 31, 2010. Vote Record - Resolution RES-2007-374 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-375 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Reappoint Raymond Huntington, Christian Baiz and Eric Keil to the Land Preservation Committee RESOLVEDreappoints Raymond that the Town Board of the Town of Southold hereby Southold Town Meeting Agenda - April 10, 2007 Page 26 Huntington, Christian Baiz and Eric Keil to the Land Preservation Committee , effective through March 31, 2009. Vote Record - Resolution RES-2007-375 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-376 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Reappoint Joseph Conway Sr. and Henry Flintner to the Police Advisory Committee RESOLVEDreappoints Joseph Conway that the Town Board of the Town of Southold hereby Sr. and Henry Flintner to the Police Advisory Committee , effective through March 31, 2010. Vote Record - Resolution RES-2007-376 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-377 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Reappoint All Members of the Storm Water Runoff Committee RESOLVEDreappoints all members of that the Town Board of the Town of Southold hereby the Storm Water Runoff Committee to another one year term, effective through March 31, 2008. Vote Record - Resolution RES-2007-377 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell Southold Town Meeting Agenda - April 10, 2007 Page 27 2007-378 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Reappoint Ruth Oliva to the Transportation Commission RESOLVEDreappoints Ruth Oliva to that the Town Board of the Town of Southold hereby the Transportation Commission, effective through March 31, 2010. Vote Record - Resolution RES-2007-378 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-379 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Reappoint Philip Goldman and Margaret Murphy to the Tree Committee RESOLVEDreappoints Philip Goldman that the Town Board of the Town of Southold hereby and Margaret Murphy to the Tree Committee , effective through March 31, 2010. Vote Record - Resolution RES-2007-379 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-380 CATEGORY: Committee Decisions DEPARTMENT: Town Clerk Accept Board of Ethics 2/23/07 RESOLVEDaccepts the decision of the that the Town Board of the Town of Southold hereby Board of Ethics dated February 23, 2007. Southold Town Meeting Agenda - April 10, 2007 Page 28 Vote Record - Resolution RES-2007-380 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-381 CATEGORY: Committee Decisions DEPARTMENT: Town Clerk Acept Board of Ethics 4/6/07 RESOLVEDaccepts the decision of the that the Town Board of the Town of Southold hereby Board of Ethics dated April 6, 2007. Vote Record - Resolution RES-2007-381 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-382 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Appoint PSD II RESOLVEDpromotes Bryan R. that the Town Board of the Town of Southold hereby Weingart to the position of Public Safety Dispatcher II , at a salary of $56,742.70 per annum, effective April 12, 2007. Vote Record - Resolution RES-2007-382 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-383 Southold Town Meeting Agenda - April 10, 2007 Page 29 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Extend Probation Period of Employee RESOLVEDapproves an agreement that the Town Board of the Town of Southold hereby with a town employee extending the probationary period of said employee , subject to the approval of the Town Attorney. Vote Record - Resolution RES-2007-383 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-384 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk 7:45PM on 5/8/07 PH LL Ag PDD WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 10th day of April, 2007 a Local Law entitled relation to an Agricultural Planned Development District” , now, therefore, be it RESOLVEDpublic hearing on the that the Town Board of the Town of Southold will hold a aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, th on the 8 day of May at 7:45 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to an Agricultural Planned The proposed Local Law entitled, Development District” reads as follows: LOCAL LAW NO. 2007 “A Local Law in relation to an Agricultural Planned Development A Local Law entitled, District” . Southold Town Meeting Agenda - April 10, 2007 Page 30 BE IT ENACTED by the Town Board of the Town of Southold as follows: Legislative Intent. Farmland is a critical component of the Town of Southold’s rural character. Agriculture provides the cornerstone of the land use environment valued by year-round residents as well as visitors. Numerous planning documents and studies in the Town’s comprehensive planning over the past 20 years have recognized this value and have recommended strategies to preserve this key resource. In recent years, the Town has engaged in an aggressive effort to preserve farmland through the use of a variety of conservation tools, most notably the purchase of development rights. The Town has joined with other governmental agencies at the Federal, State and County levels, and with conservation groups such as the Peconic Land Trust to further its efforts. In addition, the Town has made use of various long- and short-term funding options to purchase interests in farmland, such as the Community Preservation Fund (CPF) transfer tax, voter- approved bonds and grants. The Town Board recognizes that preservation efforts must continue in accordance with the Town’s comprehensive planning efforts and initiatives. Additional funds will be required, and if possible, leveraged, to enable the Town to continue to purchase interests in farmland and retain the Town’s rural character. The Town Board determines that its land preservation efforts can best be accomplished through a number of legislative initiatives. This local law creates an Agricultural Planned Development District, a floating zone classification. The Agricultural Planned Development District is intended to encourage the preservation and conservation of farmland, while preserving land equity. It is intended to provide incentive to Landowners dedicated to the preservation and conservation of farmland. New York State Town Law Sections 261-a and 261-c provide the framework to accomplish these goals. The Town Board seeks through this legislation to provide for the incremental sale of development rights by landowners whose property is actually used in agricultural production. This will be accomplished by providing a source of funds to facilitate agricultural production without requiring the sale of all development rights applicable to the property, at the same time reducing the density potential on the property. The benefit to the Town, in addition to facilitating agricultural production, is the assurance that the Town will have the option purchase Southold Town Meeting Agenda - April 10, 2007 Page 31 the remaining development rights on a parcel, excepting those that are necessary for a conservation subdivision at the density/open space percentage as required by this legislation. Chapter 280 of the Code of the Town of Southold is hereby amended to create a new Article XXX, as follows: Sec. 280-170. Purpose. The Agricultural Planned Development District emphasizes the importance of agriculture as both a vital economic base and as a land form that provides the town with much of its rural character and scenic beauty. This program will provide the landowner with another mechanism to access the equity in his land by providing him with development rights that can be immediately transferred or sold, incrementally or at one time, to facilitate the preservation of farmland without having to subdivide his property. The development rights can be sold on an incremental basis while assuring the Town of the opportunity to purchase the remaining development rights applicable to the property, except those that may be used to develop a conservation subdivision. This Agricultural Planned Development District creates a mechanism whereby the property can be rezoned upon application of the landowner. 280-171 Definition DEVELOPMENT RIGHTS -- The rights permitted to a lot, parcel, or area of land under a zoning ordinance or local law regarding permissible use, area, density, bulk, or height of improvements executed thereon. Development rights may be calculated and allocated in accordance with such factors as area, floor area, floor area ratios, density, height limitations or any other criteria that will effectively quantify a value for the development right in a reasonable and uniform manner that will carry out the objectives of this chapter 280-172. Classification. A. The Agricultural Planned Development District (AgPDD) is established as a Planned Development District pursuant to Town Law Section 261-c. B. The AgPDD classification may be considered on a floating zone basis. Upon rezoning to the AgPDD classification, all principal and accessory uses, restrictions and controls listed in the specific AgPDD shall govern the lands subject to the rezoning. Southold Town Meeting Agenda - April 10, 2007 Page 32 280-173. Requirements for Eligibility. All properties meeting the standards and criteria set forth in this Article shall be deemed eligible for rezoning as an AgPDD. In order to be considered for rezoning to AgPDD, lands in the Town of Southold must meet all of the following criteria: A. The lands must consist of a sub-dividable parcel of at least seven (7)acres meeting the Town’s preservation goals and included in the Community Preservation Project Plan (CPPP), which may consist of a lot designated as a separate tax map number, or of two or more contiguous lots with separate tax map numbers. A landowner may also apply for the rezoning of a parcel contiguous to property already zoned AgPDD or already preserved, even if smaller than seven (7) acres. B. The parcel must be enrolled in an agricultural district or individual commitment, pursuant to Article 25AA of New York State Agriculture and Markets Law. C. The Town Board must find that the parcel provides an environmental, physical, economic, aesthetic, social or cultural benefit to the Town. 280-174. Zoning Approval; Application and review procedure. The Town Board may rezone lands from that of their underlying zoning district to the AgPDD classification upon written application of the landowner pursuant to this Article. A. Application. An applicant shall submit two (2) copies of the following to the Town Board: 1. Form of Application approved by the Town Board, including the name of the owner and/or applicant, description of current use of the property, and disclosure affidavit; 2. Deed(s) covering all lands for which application is made; 3. Survey(s) or map(s) showing all lands proposed to be rezoned to AgPDD, and any improvements on those lands. B. Upon receipt of a completed application , the Town Board shall review the application at a worksession and make a preliminary determination whether the Board is interested in Southold Town Meeting Agenda - April 10, 2007 Page 33 considering rezoning of the parcel to AgPDD. If the Town Board is interested in considering the rezoning, it shall refer the application to the Planning Board and to the Land Preservation Committee and, as applicable, to the Agricultural Advisory Committee, for review and recommendation. C Upon receipt of the application, the Land Preservation Committee shall consider the application at its next meeting and prepare recommendations to the Town Board with a copy to the Planning Board. D. If the applicant seeks an agricultural structure area and/or residential structure area, the placement shall be agreed upon between the Land Preservation Committee, the Planning Board and the landowner. E. Upon recommendation of the Planning Board and the and the Land Preservation Committee, the Land Preservation Coordinator shall commission a survey and a title search of the property, which will be forwarded to the Planning Department upon receipt. F. The Planning Department will calculate the yield on the parcel based on the zoning in effect at the time of the application. Yield will be calculated as follows: Buildable Lands ÷ Mimimum Lot Area of Zoning District= Yield on Entire Parcel. The landowner will be informed of the number of development rights available on the parcel. G. Environmental Review. The Town Board shall comply with SEQRA in acting upon any application for the rezoning of any lands to the AgPDD classification. H. The Planning Board and other committees shall provide a report within ninety (90) days of the date of the meeting at which the referral is received from the Town Board. No action shall be taken by the Town Board until receipt of the Planning Board report and other Committee reports, as applicable, or the expiration of its 60-day review period, whichever comes first. The review period may be extended by mutual consent of the applicant, the Town Board, the Planning Board, and, as applicable, the Land Preservation Committee and/or the Agricultural Advisory Committee. I. Planning Board Report. The Planning Board may recommend approval, approval with conditions, or disapproval of the proposed rezoning. In preparing its report, the Planning Board shall take into account the recommendations of the Southold Town Farm and Farmland Protection Strategy, adopted as policy by Town Board resolution of January 18, 2000 and Southold Town Meeting Agenda - April 10, 2007 Page 34 supporting documents, the recommendations of the Land Preservation Committee, the Agricultural Advisory Committee, the studies contained in the Town’s comprehensive planning efforts and initiatives, the existing characteristics of the property and the surrounding properties, the environmental, social, physical, aesthetic, economic and cultural aspects of the property and its surroundings, and such other factors as may be necessary to carry out the purposes of this Article and this Chapter. The Planning Board’s report shall provide detailed reasons for its recommendation. J. Public Hearing. Within thirty (30) days of the receipt of the Planning Board report, or the expiration of the Planning Board review period, whichever occurs first, the Town Board may schedule a public hearing on the application, with the same notice prescribed for zoning amendments. K. Town Board Action. Within thirty (30) days of the date of the closing of the public hearing, the Town Board shall either approve or disapprove the rezoning and file its decision with the Town Clerk, with notice to the applicant. In approving such rezoning, the Town board shall determine, after considering the Planning Board’s recommendation, that the subject parcel contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection, and that there will be no significant environmentally damaging consequences. If approved, the Town Board shall amend the zoning map of the Town in accordance with the approval and forward a copy of the resolution containing the decision to the Planning Board, the Land Preservation Committee, the Agricultural Advisory Committee, and the applicant. Any such approval shall be subject to the Conditions of Approval as set forth below in 280-175 of this Chapter. 280-175. Conditions of Approval. A. The boundaries of the re-zoned property, permitted uses thereon, and number of development rights shall become part of this Town Code and the Zoning Map shall be amended accordingly. B The Land Preservation department shall coordinate the closing and filing of the easement in accordance with their normal procedures for purchase of development rights. Southold Town Meeting Agenda - April 10, 2007 Page 35 C Easement. 1. Following a public hearing and approval of the rezoning pursuant to Chapter 280 of the Town Code and Chapter 247 of the General Municipal Law, the Landowner shall sell at least one (1) development right to the Town. The landowner shall file a Preservation Easement (the “Easement”) on the property following the sale, in the form provided by the Town, which shall indicate that at least one (1) development right has been sold, and shall also indicate the number of remaining development rights available for sale or transfer from the parcel. a. The easement shall be acceptable to the Landowner, the Town Attorney’s office and shall be consistent with the terms of the AgPDD. b. The easement shall be recorded in the Office of the Suffolk County Clerk. 280-176 Price for Development Rights The Town Board shall by resolution, at least annually, set a price to be paid by the Town for AgPDD development rights sales. This price shall be based on a recommendation from the Land Preservation Committee and shall be based on comparable sales data. 280-177. Subsequent Development Right Sales to the Town A. At any time, the landowner may offer to sell development rights on all or part of the parcel that has been zoned AgPDD. The development rights may be sold to the Town or to others provided that the landowner enters into a conservation easement on the property in a form acceptable to the Town. The conservation easement shall list the number of development rights sold and the number remaining, based on the yield for the parcel as set forth at the time of rezoning to AgPDD. B. At the discretion of the Town, the Town may commission a new survey and a title search of the property. C. The Land Preservation Coordinator shall make a determination of the number of development rights remaining for purchase on the parcel based on the original yield as calculated by the Planning Department less any development rights sold, and shall so advise the Land Preservation Committee. The Land Preservation Committee shall make a recommendation to the Town Board on the purchase of development rights. Southold Town Meeting Agenda - April 10, 2007 Page 36 D. The Town Board shall hold a public hearing on the question of the purchase of development rights from the AgPDD zoned parcel, and may adopt a resolution approving or disapproving the sale. Any resolution shall set forth the number of development rights purchased and the number remaining on the parcel. At the time of sale, a preservation easement as set forth above in 280-175 shall be filed indicating the additional number of development rights that have been extinguished from the parcel, and the remaining number of development rights. E. Development rights may be purchased by the Town in increments of one-half (1/2) of a development right. F. The Town Board shall not be required to purchase development rights from a parcel zoned AgPDD sooner than six (6) months after the previous purchase on the same parcel. G. Upon the landowner’s application, the Town shall purchase up to at least ten percent (10%) of the landowners residual development rights, or not less than one full development right, per year. The Town has the option, if requested by the landowner, to purchase more than ten percent each year. 280-178. (Reserved) 280-179. Clearing House. The Land Preservation Coordinator will maintain a log indicating the development rights sold and remaining on any parcel zoned AgPDD. The easement executed and recorded by the landowner at the time of each sale will indicate the number of development rights sold and the number remaining on the parcel. §280-180 Conditions A. Any reserved area for development shall be set by the Town Board and defined in the Town Code at the time of rezoning to AgPDD. A landowner may apply to the Town Board to amend such code if circumstances have changed since the rezoning. Any additional reserved area will be deducted from the available development rights on the parcel. Southold Town Meeting Agenda - April 10, 2007 Page 37 B. Any structure proposed on a parcel which is zoned AgPDD will require the approval of the Land Preservation Committee prior to issuance of a building permit. The approval of the committee shall take into account the conditions set forth in the preservation easement on the property. C. If a residential structure exists on property zoned AgPDD, any new non-agricultural structure must be located within 150 feet of the existing residential structure. §280-181 Subdivision A. If the landowner of property zoned AgPDD files for subdivision of the property, the land Preservation Coordinator shall advise the Planning Board of the number of development rights remaining on the parcel. B. Any conservation subdivision of AgPDD property must accomplish preservation of eighty percent (80%) of the parcel, and density reduction of seventy-five percent (75%) of the original yield. If the landowner elects to pursue this Conservation Subdivision, the land preserved by sale of development rights shall apply toward the required preservation component. C. If the Town is unable to meet its obligation to purchase 10% of development rights as set forth in 280-176G, the landowner may pursue a Standard Subdivision based on the zoning in effect on the parcel at the time it was zoned AgPDD. Any land preserved by sale of development rights shall not be applied toward any preservation or subdivision open space requirement. 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. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Southold Town Meeting Agenda - April 10, 2007 Page 38 Vote Record - Resolution RES-2007-384 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-385 CATEGORY: Seqra DEPARTMENT: Town Clerk SEQRA for LL to Vehicle & Traffic RESOLVEDfinds that the adoption of the local that the Town Board of the Town of Southold hereby law entitled “A Local Law in relation to Amendments to the Vehicle and Traffic Law in the Town of Southold” is classified as a Type II Action pursuant to SEQRA Rules and Regulations , 6 NYCRR Section 617.5, and is not subject to review under SEQRA. Vote Record - Resolution RES-2007-385 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-386 CATEGORY: Seqra DEPARTMENT: Land Preservation Rowehl - SEQRA WHEREAS, the Town Board of the Town of Southold wishes to purchase development rights easements on certain parcels of property owned by Robert Rowehl pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Code of the Town of Southold. Said properties are identified as part of SCTM #1000-100-2-6.1 (Parcel A) and the entire SCTM #1000-94-4-2 (Parcel B). The address is 2755 Oregon Road, Mattituck, New York. Parcel A is located at the northwesterly side of Oregon Road where Elijah’s Lane intersects with Oregon Road, running northerly to Sound View Avenue in Mattituck in the A-C zoning district. Parcel B is accessed by means of a right of way over Parcel A located Southold Town Meeting Agenda - April 10, 2007 Page 39 approximately 3,500 feet easterly from the intersection of Lloyds Lane and Sound View Avenue in Mattituck in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property identified as SCTM #1000-100-2-6.1 consisting of approximately 24± acres (subject to survey) of the 27± acre parcel, and a development rights easement on the entire adjacent parcel identified as SCTM #1000-94-4-2 consisting of 5± acres. The exact area of the development rights easements is subject to a survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $78,000 (seventy-eight thousand dollars) per buildable acre for the 24± acre easement and $448,000 (four hundred forty- eight thousand dollars) for the easement on the entire 5± acre adjacent parcel, plus acquisition costs; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVEDfinds no significant impact that the Town Board of the Town of Southold hereby on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Vote Record - Resolution RES-2007-386 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-387 Southold Town Meeting Agenda - April 10, 2007 Page 40 CATEGORY: Seqra DEPARTMENT: Land Preservation Rozakis SEQRA WHEREAS , the Town Board of the Town of Southold wishes to purchase a conservation easement on property owned by Thomas A. Rozakis, Ann V. Rozakis and Kathleen A. Verderber for open space purposes pursuant to the provisions of Chapter 185 (Open Space Preservation) of the Code of the Town of Southold. Said property is identified as SCTM #1000-54-5-55.1. The address is 445 Dogwood Lane, Southold, New York, and is located on the westerly side of Dogwood Lane approximately 444 feet from the intersection of Dogwood Lane and Kenney’s Road in Southold in the R-40 zoning district. The proposed acquisition is a conservation easement and is approximately 0.2 acre (subject to survey); and WHEREAS , the property should be preserved due to its location in an environmentally sensitive area. The easement is to be purchased for the purpose of the preservation of scenic open space, natural resource and wetland protection, and residential density reduction; and WHEREAS , as per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have reviewed the acquisition and have determined that the property is eligible for the transfer of a sanitary flow credit; however, the landowner has requested that this transfer not take place so therefore sanitary flow credits will not be transferred from this property; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, be it further Southold Town Meeting Agenda - April 10, 2007 Page 41 RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVEDfinds no significant impact that the Town Board of the Town of Southold hereby on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Vote Record - Resolution RES-2007-387 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-388 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL for Vehicle & Traffic Updates WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 13th day of March, 2007 a Local Law entitled relation to Amendments to the Vehicle and Traffic Law in the Town of Southold” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, NOW THEREFOR BE IT RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed “A Local Law in relation to Amendments to the Vehicle and Traffic Local Law entitled, Law in the Town of Southold” reads as follows: LOCAL LAW NO. 2007 Southold Town Meeting Agenda - April 10, 2007 Page 42 “A Local Law in relation to Amendments to the Vehicle and Traffic A Local Law entitled, Law in the Town of Southold” . BE IT ENACTED by the Town Board of the Town of Southold as follows: IV. Purpose – In order to provide for the health, safety and welfare of the citizens of the Town, it is necessary for the Town Board to make amendments to the Town’s vehicle and traffic regulations, including regulations regarding parking in fire lanes, handicapped spaces, and other areas, as well as updating and consolidating the fines for various infractions. II. Chapter 189 of the Code of the Town of Southold is hereby amended as follows: §189-8. Penalties for offenses.[Amended 7-31-1973 by L.L. No. 1-1973] Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation punishable by a fine as set forth below not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. Penalty Schedule Fine Penalty at 30 days Penalty at 60 days Penalty at 90 days $50$75 $100 $150 $170 III. Chapter 193 of the Code of the Town of Southold is hereby amended as follows: §193-3. Regulations concerning motor vehicles. A. No person in a recreational area shall: (6) Park a vehicle in other than an established or designated parking area, and such use shall be in accordance with the posted instructions thereat and with the instructions of any attendant who may be present. IV. Chapter 260 of the Code of the Town of Southold is hereby amended, as follows: §260-8. Parking prohibited at all times. The parking of vehicles is hereby prohibited at all times in any of the following locations and at any other location where signage indicates “No Parking”: §260-12. Public parking lots. [Added 7-7-1981 by L.L. No. 4-1981] Southold Town Meeting Agenda - April 10, 2007 Page 43 The parking of vehicles in the a public parking lot located in Southold on the south side of New York Route 25, approximately 170 feet east of Wells Avenue, is hereby prohibited for a period longer than two hours. for a period of more than two hours is hereby prohibited at the following locations: Name of Street Side Location New York Route 25 South In Southold, approximately 170 feet east of Wells Avenue New York Route 25 North In Cutchogue, east of Griffing Street, in rear of Shopping Center (except in those spaces designated by signage authorizing parking in excess of two hours) §260-13. Stopping prohibited at all times. [Added 8-12-1980 by L.L. No. 4-1980] The stopping of vehicles is hereby prohibited at all times in any of the following locations and at any other location where signage indicates “No Stopping”: §260-14. Fire zones, fire lanes, fire hydrants, fire wells.[Added 8-12-1980 by L.L. No. 4-1980] A. The parking of vehicles is hereby prohibited at all times in the following fire lane locations zones: . A1. At the shopping center located on the north side of New York Route 25, approximately 1,400 feet west of Cox Lane in the Hamlet of Cutchogue, commonly known as the “Key Food Shopping Center,” such fire lane to be 30 feet in width from the southerly sidewalk curbline on the south side (front) of the building and extending for the entire length of the store building. B.2. At the shopping center located on the north side of New York Route 25, having ingress and egress on both Route 25 and Factory Avenue in the Hamlet of Mattituck, commonly known as the “A & P Shopping Center,” such fire lane to be 24 feet in width, from the southerly and westerly sidewalk curbline on the south and west (front) side of the building and extending the entire length of the L- shaped store building; i.e., 466 feet along the southerly face of the Southold Town Meeting Agenda - April 10, 2007 Page 44 building and 222 feet along the westerly face.[Added 4-25-1989 by L.L. No. 5-1989] B. The stopping, standing or parking of vehicles within 15 feet in either direction of a fire hydrant is hereby prohibited. C. The stopping, standing or parking of vehicles within 15 feet in either direction of a fire well is hereby prohibited. D. The stopping, standing or parking of vehicles is prohibited at all times in the areas designated and marked as fire lanes. §260-17. Handicapped parking. [Added 12-23-1997 by L.L. No. 29-1997] No person shall The stopping, standing or parking of park or stand a motor vehicles in any parking space designated for the parking of motor vehicles by individuals with handicapped license plates or permits as set forth below, as handicapped parking by blue markings and/or handicapped signage is prohibited unless said the vehicle displays such a valid handicapped license plate, or a valid handicapped parking permit displayed in the manner and location as designated by New York State or Local law. or regulation, in any located listed below: Name of Street Side Location Orchard Street [Added 10-12-1999 East From the northeast corner of Village by L.L. No. 12-1999] Lane and Orchard Street easterly along Orchard Street adjacent to the United Methodist Church Sound Avenue South From the Presbyterian Church Driveway entrance easterly for a Distance of 95 feet §260-18. Additional parking regulations.[Added 3-26-2002 by L.L. No. 2-2002] A. No person shall park a vehicle so as to obstruct a fire hydrant. B.A. No person shall double park a vehicle on any Town highway or roadway. C.B. No person shall park a vehicle in whole or part on a sidewalk located adjacent to a highway. D.C. No vehicle shall be parked upon any public highway or roadway without first being registered and inspected pursuant to the Vehicle and Traffic Law of the State of New York. Southold Town Meeting Agenda - April 10, 2007 Page 45 E.D. On a one-way roadway vehicles shall be parked facing in the direction of authorized traffic movement; on a two-way roadway such motor vehicle shall be facing in the direction of authorized traffic movement on that portion of the roadway on which the vehicle rests. F.E. No person shall park a vehicle so as to obstruct any driveway except with express permission of the owner. G. No person shall park a vehicle overtime in a time restricted parking space. F. In an established or designated parking area, a vehicle is to be wholly within the markings or signage where established or designated lines and markings are indicated. §260-27. Penalties for offenses. Every person convicted of a traffic infraction for a violation of any provision of this chapter, which is not a violation of any provision of the Vehicle and Traffic Law of the State of New York, and said traffic infraction is not covered by Subsection B below, shall, for a first conviction thereof, be punished by a fine of not more than $50 not to exceed $110 or by imprisonment for not more than 15 days, or by both such fine and imprisonment.; for a second such conviction within 18 months thereafter, such person shall be punished by a fine of not more than $100 or by imprisonment for not more than 45 days, or by both such fine and imprisonment; upon a third or subsequent conviction within 18 months after the first conviction, such person shall be punished by a fine of not more than such person shall be punished by a fine of not more than $250 or by imprisonment for not more than 90 days, or by both such fine and imprisonment. B. All persons cited on a Town parking summons for violation of this chapter, permit parking or parking related violations shall be subject to a fine as set forth below and shall answer on or before 30 days after the issuance of the summons. Persons failing to answer before the expiration of 30 days after issuance of the summons shall be subject to the penalties set forth in the penalty schedule below, in addition to the prescribed fines: Fine Schedule Section Description Amount 260-8 Parking prohibited at all times $35 $75 260-9A Parking prohibited certain hours $35 $75 260-9B Between 10:00 p.m. and 6:00 a.m. $35 $75 260-9C Night fishing permit $50 260-10 Parking prohibited certain months $35 $75 260-11 Parking limited time $35 $75 260-12 Parking public lots $35 $75 260-13 Stopping prohibited at all times $75 260-14A Fire lanes $75 260-14B Fire hydrant $75 Southold Town Meeting Agenda - April 10, 2007 Page 46 260-14C Fire wells $75 260-14D Fire zone $75 260-15 Parking or standing prohibited certain $35 $75 times Fine Schedule Section Description Amount 260-16 260-17 Handicapped parking only $110* 193-A(6)260-18F Parking a vehicle in other than established $50 $75 or designated area 189-2A189-2F Parking by Southold Town permit only $50 $75 189-3A(3) Resident parking permit Permit properly $50 $75 affixed 260-18A Fire hydrant $75 260-18BA Double parked $35 $75 260-18CB On sidewalk $35 $75 260-18DC Expired registration $35$50 Over 60 days $50$75 260-18DC Expired inspection $35$50 Over 60 days $50$75 260-18ED Wrong side to curb $35 $75 260-18FE Obstructed driveway $35 $75 260-18F Designated parking space $75 260-18G Overtime parking $35 $75 260-19 No stopping zone $35 $75 260-20 Fire zone $75 260-21 Bus stop $35 $75 260-22 Loading zone $35 $75 NOTES: * Includes NYS mandatory surcharge of $35. Penalty Schedule Penalty at Penalty at Penalty at Section Description Fine 30 Days 60 Days 90 Days 260-8 Parking prohibited $35$75 $70$100 $105$150 $125$170 at all times 260-9A Parking prohibited $35$75 $70$100 $105$150 $125$170 certain hours 260-9B Between 10:00 p.m. $35$75 $70$100 $105$150 $125$170 and 6:00 a.m. 260-9C Night fishing permit $50 $100 $150 $170 Southold Town Meeting Agenda - April 10, 2007 Page 47 260-10 Parking prohibited $35$75 $70$100 $105$150 $125$170 certain months 260-11 Parking limited time $35$75 $70$100 $105$150 $125$170 260-12 Parking public lots $35$75 $70$100 $105$150 $125$170 260-13 Stopping prohibited $75 $100 $150 $170 at all times 260-14A Fire lanes $75 $150 $225 $245 260-14B Fire hydrant $75 $150 $225 $245 260-14C Fire wells $75 $150 $225 $245 260-14D Fire zone $75 $150 $225 $245 260-15 Parking or standing $35$75 $70$100 $105$150 $125$170 prohibited certain times 260-16 Fire wells $75 $150 $225 $245 260-17 Handicapped parking $110* $185 $260 $280 Only NOTES: * Includes NYS mandatory surcharge of $35. Penalty Schedule Penalty at Penalty at Penalty at Section Description Fine 30 Days 60 Days 90 Days 193-3A(6) Parking a vehicle in $50$75 $100 $150 $170 260-18F other than established or designated area 189-2A2F Parking by Southold $50$75 $100 $150 $170 Town permit only 189-3A(3) Resident parking $50$75 $100 $150 $170 Permit Permit properly affixed 260-18A Fire hydrant $75 $150 $225 $245 260-18BA Double parked $35$75 $70$100 $105$150 $125$170 260-18CB On sidewalk $35$75 $70$100 $105$150 $125$170 260-18DC Expired registration $35$50 $70$75 $105$125 $125$150 Over 60 days $50$75 $100$125 $150$175 $170$200 260-18DC Expired inspection $35$50 $70$75 $105$125 $125$150 Over 60 days $50$75 $100$125 $150$175 $170$200 260-18ED Wrong side to curb $35$75 $70$100 $105$150 $125$170 260-18FE Obstructed driveway $35$75 $70$100 $105$150 $125$170 260-18F Designated parking $75 $100 $150 $170 space 260-19 No stopping zone $35$75 $70$100 $105$150 $125$170 260-20 Fire zone $75 $150 $225 $245 Southold Town Meeting Agenda - April 10, 2007 Page 48 Penalty Schedule Penalty at Penalty at Penalty at Section Description Fine 30 Days 60 Days 90 Days 260-21 Bus stop $35$75 $70$100 $105$150 $125$170 260-22 Loading zone $35$75 $70$100 $105$150 $125$170 V. 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. VI. APPLICABILITY AND EFFECTIVE DATE. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2007-388 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-389 CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation Rowehl - Elect to Purchase WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of development rights easements on certain parcels of properties owned by Robert Rowehl on the 27th day of March, 2007, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said properties are identified as part of SCTM #1000-100-2-6.1 (Parcel A) and the entire SCTM #1000-94-4-2 (Parcel B). The address is 2755 Oregon Road, Mattituck, New York. Parcel A is located at the northwesterly side of Oregon Road where Elijah’s Lane intersects with Oregon Road, running northerly to Sound View Avenue in Mattituck in the A-C zoning district. Parcel B is accessed by means of a right of way over Parcel A located approximately 3,500 feet Southold Town Meeting Agenda - April 10, 2007 Page 49 easterly from the intersection of Lloyds Lane and Sound View Avenue in Mattituck in the A-C zoning district; and WHEREAS, the development rights easement on Parcel A comprises approximately 24± acres (subject to survey) of the 27± acre parcel and 5± acres of Parcel B in its entirety. The exact area of the development rights easements is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, t he purchase price is $78,000 (seventy-eight thousand dollars) per buildable acre for the 24± acre easement and $448,000 (four hundred forty-eight thousand dollars) for the easement on the entire 5± acre adjacent parcel, plus acquisition costs. Both easements will be acquired using Community Preservation Funds. The 24± acre easement purchase may be eligible for partial funding from an awarded NYS Agriculture and Markets grant; and WHEREAS, the properties are listed on the Town’s Community Preservation Project Plan as properties that should be preserved due to their 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 easements; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on these agricultural lands; now, therefore, be it Southold Town Meeting Agenda - April 10, 2007 Page 50 RESOLVEDelects to purchase that the Town Board of the Town of Southold hereby development rights easements on agricultural lands owned by Robert Rowehl pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Code of the Town of Southold. Said properties are identified as part of SCTM #1000-100-2-6.1 (Parcel A) and the entire SCTM #1000-94-4-2 (Parcel B). The address is 2755 Oregon Road, Mattituck, New York. Parcel A is located on the northwesterly side of Oregon Road where Elijah’s Lane intersects with Oregon Road, running northerly to Sound View Avenue in Mattituck in the A-C zoning district. Parcel B is accessed by means of a right of way over Parcel A located approximately 3,500 feet easterly from the intersection of Lloyds Lane and Sound View Avenue in Mattituck in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property identified as SCTM #1000-2-6.1 consisting of approximately 24± acres (subject to survey) of the 27± acre parcel, and a development rights easement on the entire adjacent parcel identified as SCTM #1000-94-4-2 consisting of 5± acres. The exact area of the development rights easements is subject to a survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $78,000 (seventy-eight thousand dollars) for the 24± easement and $448,000 (four hundred forty-eight thousand dollars) for the easement on the entire 5± acre adjacent parcel, plus acquisition costs. Both easements will be acquired using Community Preservation Funds. Town funding for this purchase is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code of the Town of Southold. The 24± acre easement purchase may be eligible for partial funding from an awarded NYS Agriculture and Markets grant. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the Town Board hereby determines that this action is consistent with the LWRP. Vote Record - Resolution RES-2007-389 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell Southold Town Meeting Agenda - April 10, 2007 Page 51 2007-390 CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation Rozakis - Elect to Purchase WHEREAS , the Town Board of the Town of Southold held a public hearing on the question of the purchase of a conservation easement on property owned by Thomas A. Rozakis, Ann V. Rozakis and Kathleen A. Verderber on this 10th day of April, 2007, pursuant to the provisions of Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold, at which time all interested parties were given the opportunity to be heard; and WHEREAS , said property is identified as SCTM #1000-54-5-55.1 and 445 Dogwood Lane, Southold, New York, and is located on the westerly side of Dogwood Lane approximately 444 feet from the intersection of Dogwood Lane and Kenney’s Road in Southold; and WHEREAS , the acquisition is for an open space conservation easement of the entire approximately 0.2 acre (subject to survey) property and has been offered for sale to the Town of Southold below fair market value. The purchase price is $2,500.00 (two thousand five hundred dollars) plus acquisition costs. The easement will be acquired using Town open space funding. The seller may claim a bargain sale; and WHEREAS , the subject property should be preserved due to its location in an environmentally sensitive area. The easement is to be purchased for the purpose of the preservation of scenic open space, natural resource and wetland protection, and residential density reduction; and WHEREAS , the purchase of this conservation easement is in conformance with the provisions of Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold; and WHEREAS ,the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program Southold Town Meeting Agenda - April 10, 2007 Page 52 (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS , as per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have reviewed the acquisition and have determined that the property is eligible for the transfer of a sanitary flow credit; however, the landowner has requested that this transfer not take place so therefore sanitary flow credits will not be transferred from this property; and WHEREAS ,the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire an open space conservation easement on this property; and WHEREAS , the Town Board deems it in the best public interest that the Town of Southold purchase an open space conservation easement on the subject property for the purpose of the preservation of scenic open space, natural resource and wetland protection, and residential density reduction; now, therefore, be it RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) of the elects to purchase an open space Town Code, the Town Board of the Town of Southold hereby conservation easement on the property owned by Thomas A. Rozakis, Ann V. Rozakis and Kathleen A. Verderber for the purpose of the preservation of scenic open space, natural resource and wetland protection, and residential density reduction in an environmentally sensitive area .Said property is identified as SCTM #1000-54-5-55.1. The address is 445 Dogwood Lane, Southold, New York, and is located on the westerly side of Dogwood Lane, approximately 444 feet from the intersection of Dogwood Lane and Kenney’s Road in Southold in the R-40 zoning district. The proposed acquisition is for a conservation easement of the entire approximately 0.2 acre (subject to survey) and has been offered for sale to the Town of Southold below fair market value. The purchase price for this easement is $2,500.00 (two thousand five hundred dollars) plus acquisition costs. The seller may claim a bargain sale. Town funding for this purchase is in conformance with the provisions of Chapter 185 (Open Space Preservation) of Southold Town Meeting Agenda - April 10, 2007 Page 53 the Town Code of the Town of Southold. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP. As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have reviewed the acquisition and have determined that the property is eligible for the transfer of a sanitary flow credit; however, the landowner has requested that this transfer not take place so therefore sanitary flow credits will not be transferred from this property. Vote Record - Resolution RES-2007-390 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell VI. PUBLIC HEARINGS 1. Set 4/10/07 7:45 PM for PH a Local Law In Relation to Amendments to the Vehicle and Traffic Law In the Town of Southold 2. PH 4/10/07 7:50 Pm Amend Resolution 281 3. Set Tuesday, April 10, 2007, At 7:55 P.M., Southold Town Hall, 53095 Main Road, Southold, New York As the Time and Place for a Public Hearing for the Purchase of an Open Space Conservation Easement on Property Owned by Thomas A. Rozakis, Ann V. Rozakis and Kathleen A. Verderber