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HomeMy WebLinkAboutAG-04/24/2007 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 AGENDA SOUTHOLD TOWN BOARD April 24, 2007 4:30 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. Recreation Department Monthly Report March 2007 2. Town Clerk Marc 2007 3. Supervisor’s Budget Month ended March 31, 2007 4. Board of Trustees March 2007 Southold Town Meeting Agenda - April 24, 2007 Page 2 5. Judge Price March 2007 6. Justice Evans March 2007 7. Employee Health Care Plan Lag Claim 4/1/06 - 3/31/07 Claims II. PUBLIC NOTICES 1. Application to US Army Corps of Engineers Suffolk County DPW to dredge with ten years maintenance and sand discharge for beach nourishment at Cedar Beach Creek, a tributary to Little Peconic Bay. 2. Application for Farm Winery License to NYS Liquor Authority Four Crows, Inc., Croteau Farm, 1450 South Harbor, Southold 3. Request for Transfer of an On-Premise Liquor License to NYS Liquor Authority DCDR Restaurant Corporation, 62375 Main Rd., (Rt 25), Southold 4. Public Scoping Hearing - Draft GEIS Determiniation of Significance Proposed Suffolk County Shellfish Aquaculture Lease Program in Peconic and Gardiners Bays - May 3, 2007 at 7:00 PM at Suffolk Community College 5. NYS DEC Notice of Complete Application Lee & Marie Beninati to construct addition to wood deck, a two story garage, cabana, and pool. 855 Oakwood Dr, Southold III. COMMUNICATIONS 1. Human Resource Center Staff Commended. Barbara Reilly (former HRC employee) IV. DISCUSSION 1. 9:30 AM David Bergen Dredging Emergency Relief LWRP Windows DEC, Army Corps of Engineers Southold Town Meeting Agenda - April 24, 2007 Page 3 2. Proposed Dredging At Schoolhouse Creek Assurances for Resolution 3. Peconic School 4. Planning & Zoning Updates Waiver of Merger Transfer Station Protocol for Calling Meetings 5. Personnel Mediator 6. Deer Population Control Measures 7. Request From Mattituck Chamber of Commerce 8. Request for Replacement Police Officers 9. Appointment of Douglas Constant to Historic Preservation Commission 10. Ad for Memorial Tree Program - Per Councilman Edwards 11. Approval for Peace Officer Training 12. LIO Changes - Peconic Recycling and Transfer 13. 1:00 PM Executive Session - Connie Solomon CSEA Negotiations 14. Strawberry Fields Official “Home of the Strawberry Festival” 15. Parking Regulations Parking for wedding at Horton’s Point and at the Wharf House V. RESOLUTIONS 2007-391 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit April 24, 2007 Southold Town Meeting Agenda - April 24, 2007 Page 4 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby April 24, 2007. Vote Record - Resolution RES-2007-391 ? 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 2007-392 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Meeting May 8, 2007, 7:30 PM RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, May 8, 2007 at the Southold Town Hall, Southold, New York at 7:30 P. M.. Vote Record - Resolution RES-2007-392 ? 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 Tabled 4/10/2007 7:30 PM 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. Southold Town Meeting Agenda - April 24, 2007 Page 5 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 2007-393 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to Bay Constable John Kirincic to Attend Marine Law Enforcement Training In Lake George, New York RESOLVED grants permission to Bay that the Town Board of the Town of Southold hereby Constable John Kirincic to attend Marine Law Enforcement training in Lake George, New York, commencing on Sunday, May 6 through Friday, May 11, 2007. There will no charge to the Town for this training except for gas and tolls. Travel to be by Deparment vehicle. All expenses to be a legal charge to the 2007 Bay Constable budget (meetings and seminars) A.3130.4.600.200. Vote Record - Resolution RES-2007-393 ? 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 2007-394 CATEGORY: Strawberry Fields DEPARTMENT: Recreation Strawberry Fields Greek Orthodox Church RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Greek Orthodox Church to use Strawberry Fields on Friday, August 31 thru Sunday, September 2, 2007 - (set-up for the carnival would be from August 28 – 30) beginning at 8:00 AM provided that approval is granted by the appropriate town agencies and they file with Southold Town Meeting Agenda - April 24, 2007 Page 6 the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold and the County of Suffolk as an additional insured and notify Capt. Flatley within ten (10) days of the approval of this resolution to coordinate traffic control. Vote Record - Resolution RES-2007-394 ? 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 2007-395 CATEGORY: Attend Seminar DEPARTMENT: Solid Waste Management District Waste Mgmt. Conferences RESOLVED grants permission to Solid that the Town Board of the Town of Southold hereby Waste Coordinator Bunchuck to attend 1) the Federation of New York Solid Waste Associations conference and trade show in Bolton Landing, NY on May 6th – 9th, 2007, AND 2) the Solid Waste Ass’n. of North America, New York Chapter’s Technical Session on Composting on June 13 in Delhi, NY, with all expenses for registration, travel and lodging (if necessary) to be a legal charge to the 2007 Solid Waste Management District budget (meetings and seminars). Vote Record - Resolution RES-2007-395 ? 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 2007-396 CATEGORY: Budget Modification DEPARTMENT: Accounting Create Capital Budget for Human Services Vehicle Southold Town Meeting Agenda - April 24, 2007 Page 7 RESOLVED authorizes the that the Town Board of the Town of Southold hereby establishment of the following Capital Project in the 2007 Capital Budget: Capital Project Name: Human Services Motor Vehicles Financing Method: Transfer from General Fund Whole Town Budget: Revenues: H.5031.20 Interfund Transfers $13,000 Appropriations: H.6772.2.300.200 Programs for the Aging Capital Outlay Automobiles $13,000 Vote Record - Resolution RES-2007-396 ? 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 2007-397 CATEGORY: Budget Modification DEPARTMENT: Accounting Increase Serial Bond Interest Appropriation RESOLVEDmodifies the 2007 Solid that the Town Board of the Town of Southold hereby Waste District budget as follows: To: SR.9710.7.100.100 Serial Bond Interest $89,000 From: SR.9730.6.000.000 BAN Principal $89,000 Vote Record - Resolution RES-2007-397 ? 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 24, 2007 Page 8 2007-398 CATEGORY: Budget Modification DEPARTMENT: Accounting Provide Appropriation Serial Bond Intrerest RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby Community Preservation Fund budget as follows: To: H3.9710.7.100.100 Serial Bond Interest $ 211,365 From: H3.8660.2.600.100 Land Acquisitions $ 211,365 Vote Record - Resolution RES-2007-398 ? 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 2007-399 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire Jeffery Boyle As Scale Operator RESOLVEDappoints Jeffrey Boyle to that the Town Board of the Town of Southold hereby the position of a Scale Operator from the Civil Service list of eligible for the Solid Waste District, effective April 26, 2007, at a rate of $17.3137 per hour. Vote Record - Resolution RES-2007-399 ? 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 2007-400 CATEGORY: Attend Seminar Southold Town Meeting Agenda - April 24, 2007 Page 9 DEPARTMENT: Police Dept Grant Permission to Chief of Police Carlisle E. Cochran, Jr. to Attend the 2007 Annual Training Conference of the New York State Association of Chiefs of Police In Alexandria Bay, New York RESOLVED grants permission to Chief that the Town Board of the Town of Southold hereby of Police Carlisle E. Cochran, Jr. to attend the 2007 Annual Training Conference of the New York State Association of Chiefs of Police in Alexandria Bay, New York commencing on Sunday, July 15 through Thursday, July 19, 2007. All expenses for 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-2007-400 ? 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 2007-401 CATEGORY: Committee Resignation DEPARTMENT: Town Clerk Accept the Resignation of Michelle Martocchia From the Position of Secretary to the Historic Preservation Commission RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby Michelle Martocchia from the position of Secretary to the Historic Preservation Commission, effective April 12, 2007. Vote Record - Resolution RES-2007-401 ? 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 2007-402 CATEGORY: Employment - Town DEPARTMENT: Human Resource Center Hiring Contingent Permanent Senior Citizens Center Manager At HRC. Southold Town Meeting Agenda - April 24, 2007 Page 10 RESOLVEDappoints Jacqueline E. that the Town Board of the Town of Southold hereby Martinez from the Suffolk County Civil Service Department’s certified list of eligibles to the contingent permanent position of Senior Citizens Center Manager for the Department of Human Services , effective May 7 , 2007, at an annual rate of $48,719.17. Vote Record - Resolution RES-2007-402 ? 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 2007-403 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Budget Modification Park & Playground RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby Whole Town 2007 budget as follows: To: Revenues: A.2025.00 Special Recreation Facilities Park & Playground $30,500.00 Appropriations: A.1620.2.500.350 Beach Improvements 58,500.00 A.1620.2.500.825 Cochran Park 4,000.00 From: Appropriations: A.1620.2.500.375 Boat Ramp Improvements 32,000.00 Vote Record - Resolution RES-2007-403 ? 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 24, 2007 Page 11 2007-404 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District Budget Mod/Personnel RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby Solid Waste Management District budget as follows: From: Personal Services, Regular Earnings (SR 8160.1.100.100) $ 32,241 To: Personal Services, Vacation Earnings (SR 8160.1.100.300) $ 7,906 Personal Services, Sick Earnings (SR 8160.1.100.400) $ 15,070 Personal Services, Holiday Pay (SR 8160.1.100.500) $ 9,265 Vote Record - Resolution RES-2007-404 ? 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 2007-405 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Hire Thomas Schweizer Pt Deckhand FIFD RESOLVEDappoints Thomas that the Town Board of the Town of Southold hereby Schweizer to the position of a part-time deckhand for the Fishers Island Ferry District , effective May 10, 2007, at a rate of $9.00 per hour. Vote Record - Resolution RES-2007-405 ? 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 24, 2007 Page 12 2007-406 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Change the Status of Bryan Grote Part to Full Time RESOLVEDappoints Bryan Grote to that the Town Board of the Town of Southold hereby the full time position of a Fishers Island Deckhand (from part-time_ for the Fishers Island Ferry District, effective May 10, 2007, at a rate of $14.00 per hour. Vote Record - Resolution RES-2007-406 ? 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 2007-407 CATEGORY: Budget Modification DEPARTMENT: Town Attorney Scenic Byways Agreement Budget Modification RESOLVEDmodifies the 2007 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows : APPROPRIATIONS To: A.1010.4.600.720 + $30,000.00 Interpretative Signage REVENUES To: A.4597.20 + $30,000.00 Interpretative Signage – TEA21 Vote Record - Resolution RES-2007-407 ? 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 24, 2007 Page 13 2007-408 CATEGORY: Property Acquisition Purchase DEPARTMENT: Town Attorney Authorizes Supervisor Scott A. Russell and the Town Attorney to Initiate the Appropriate Steps to Have the Federal Government Transfer to the Town the Plum Island Lighthouse, Five Acres of Land, and All Related Lighthouse Artifacts WHEREAS , Southold Town has more lighthouses than any Town in the country and considers the Plum Island Lighthouse symbolic and representative of its lighthouses; and WHEREAS , Southold Town is concerned about the preservation of the historic Plum Island Lighthouse; and WHEREAS , Southold Town considers that local ownership of the Plum Island Lighthouse property may be the only way to prevent further deterioration of this lighthouse, make possible its relighting and insure the preservation of this historic structure and its related artifacts; and WHEREAS , Southold Town considers acquisition of the Plum Island Lighthouse the best route to accomplish the Coast Guard approved relighting in response to the many requests received to accomplish this goal in furtherance of the interest of maritime safety (see Southold Town Resolution No. 628 of 2002); and WHEREAS , Southold Town does not have a dedicated and secure location to house Town lighthouse records, memorabilia, and artifacts and the restored Plum Island Lighthouse is considered ideal for this purpose; and WHEREAS , a long-term commitment has been obtained from East End Lighthouses, a recognized local not-for-profit organization, which has exhibited years of dedication to local lighthouses, to restore and maintain the Plum Island Lighthouse, oversee its relighting and staff its museum for the Town of Southold; and WHEREAS , the lighthouse overlooks the site of the first engagement between American Continental troops and the British in the Revolutionary War in August, 1775; and WHEREAS , the Plum Island Lighthouse site was first purchased by the Federal Government in 1826, over 70 years before its acquisition of the rest of the Island. Southold Town Meeting Agenda - April 24, 2007 Page 14 BE IT HEREBY RESOLVED , that the acquisition of the Plum Island Lighthouse would be a logical first step for the Town and East End Lighthouses to acquire experience and expertise in the maintaining of offshore lighthouses as historic structures supporting Aids to Navigation in preparation of the scheduled divesture by the Coast Guard of the remaining Southold Town lighthouses; and it is further RESOLVEDauthorizes , that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell and the Town Attorney to initiate the appropriate steps to have the Federal Government transfer to the Town the Plum Island Lighthouse, five acres of land, and all related lighthouse artifacts to the Town . Any such transfer shall seek to include a designated right of way from the Plum Island Harbor, permission to dock a vessel in the Harbor and access to the lighthouse site, in strict accordance with the required governmental security procedures. Vote Record - Resolution RES-2007-408 ? 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 2007-409 CATEGORY: Strawberry Fields DEPARTMENT: Town Clerk Home of the Strawberry Festival WHEREAS in 2002 the Town of Southold entered into an agreement with the County of Suffolk to improve and maintain the property known as “Strawberry Fields” for use as active parklands, including but not limited to ballfields and fairgrounds; and WHEREAS the Town has made several improvements to the property by providing ballfields, landscaping and general maintenance at the site; and WHEREAS the property was purchased by the County and is maintained by the Town with the full understanding that a primary use will be the annual “Strawberry Festival”; and WHEREAS the Town Board of the Town of Southold recognizes the annual Strawberry Festival held by the Mattituck Lions Club is a tradition with a significant charitable purpose with a benefit to the entire community; and it is therefore Southold Town Meeting Agenda - April 24, 2007 Page 15 RESOLVED that the property known as “Strawberry Fields” is determined to be the official Home of the Strawberry Festival “”. Vote Record - Resolution RES-2007-409 ? 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 2007-410 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Peconic Estuary Program Agreement Between the Town of Southold and the County of Suffolk, Through Its Duly Constituted Department of Health Services, for a Term Commencing on April 1, 2007, for Environmental Education Services RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Peconic Estuary Program Agreement between the Town of Southold and the County of Suffolk, through its duly constituted Department of Health Services, for a term commencing on April 1, 2007, for environmental education services , subject to the approval of the Town Attorney. Vote Record - Resolution RES-2007-410 ? 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 2007-411 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Data Sharing MOU Agreement Between the Town of Southold and the New York State Dept. of Motor Vehicles In Connection with Registration Information Inquiries RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Data Sharing MOU Agreement between the Southold Town Meeting Agenda - April 24, 2007 Page 16 Town of Southold and the New York State Dept. of Motor Vehicles in connection with registration information inquiries involving Justice Court violations, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2007-411 ? 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 2007-412 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes Supervisor Scott A. Russell to Execute a Hold Harmless/Indemnification Agreement In Favor of the New York State DEC for Activities Relating to the Town of Southold’s Use of the Boat Lift and Property At the New York State Mattituck Creek Site for the Painting and Maintenance of the Police Boats RESOLVED authorizes Supervisor that the Town Board of the Town of Southold hereby Scott A. Russell to execute a Hold Harmless/Indemnification Agreement in favor of the New York State DEC for activities relating to the Town of Southold’s use of the boat lift and property at the New York State Mattituck Creek site for the painting and maintenance of the police boats , subject to the approval of the Town Attorney. Vote Record - Resolution RES-2007-412 ? 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 2007-413 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Scenic Byways Agreement WHEREAS , a Project for the improvements to the North Fork Trail along County Route 48 & State Route 25 for signing (scoping), P.I.N. 0758.90 (the “Project”) is eligible for funding Southold Town Meeting Agenda - April 24, 2007 Page 17 under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non-Federal funds; and WHEREAS , the Town of Southold desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of $9,000.00. NOW, THEREFORE , the Town Board, duly convened does hereby: RESOLVE , that the Town Board hereby approves the above-subject Project; and it is hereby further RESOLVED , that the Town Board hereby authorizes the Town of Southold to pay in the first instance 100% of the federal and non-federal share of the cost of $45,000 work for the Project or portions thereof; and it is further RESOLVED , that the sum of $45,000 is hereby appropriated from the General Fund Whole Town, Town Board Interpretative Signage (A.1010.4.600.720) and made available to cover the cost of participation in the above phase of the Project; and it is further RESOLVED , that in the event the full federal and non-federal share costs of the Project exceeds the amount appropriated above, the Town Board of the Town of Southold shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the Transportation Commission thereof; and it is further RESOLVED , that the Supervisor of the Town of Southold, Scott A. Russell, be, and is authorized to execute all necessary Agreements, certifications or reimbursement hereby requests for Federal Aid and/or Marchiselli Aid on behalf of the Town of Southold with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible ; and it is further RESOLVED , that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project; and it is further RESOLVED , that this resolution shall take effect immediately. Southold Town Meeting Agenda - April 24, 2007 Page 18 Vote Record - Resolution RES-2007-413 ? 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 2007-414 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk 2007 NYSTCA Conference RESOLVED grants permission to that the Town Board of the Town of Southold hereby Elizabeth A. Neville to attend 2007 The New York State Town Clerks Annual Conference on April 28, through May 1, 2007 in Rochester New York. All expenses for registration, travel and lodging to be a legal charge to the 2007 Town Clerk budget A.1410.4.600.200 & A.1410.4.600.300 (meetings and seminars). Vote Record - Resolution RES-2007-414 ? 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 2007-415 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification-Gift for Breath Analysis Equip RESOLVEDmodifies the 2007 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: To: Revenues: A.2705.40 Gifts & Donations $ 500.00 To: Appropriations: Southold Town Meeting Agenda - April 24, 2007 Page 19 A.3120.2.500.100 Police, Equipment Breath Analysis Equipment $ 500.00 Vote Record - Resolution RES-2007-415 ? 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 2007-416 CATEGORY: Proclamation DEPARTMENT: Town Clerk Recognize the Week of April 29 Through May 5, 2007, As Municipal Clerks Week WHEREAS , The Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world, and WHEREAS , The Office of the Municipal Clerk is the oldest among public servants, and WHEREAS , The Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels, and WHEREAS , Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all. WHEREAS , The Municipal Clerk serves as the information center on functions of local government and community. WHEREAS , Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and international professional organizations; now therefore be it Southold Town Meeting Agenda - April 24, 2007 Page 20 RESOLVEDrecognize the week of that the Town Board of the Town of Southold does hereby April 29 through May 5, 2007, as Municipal Clerks Week, and further extend appreciation to our Municipal Clerk Elizabeth Neville and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they serve. Vote Record - Resolution RES-2007-416 ? 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 2007-417 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA for LL/Wind Energy Systems RESOLVED“A Local that the Town Board of the Town of Southold finds that the proposed Law in relation to Wind Energy Systems for Agricultural Uses” is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated April 20, 2007, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith. Vote Record - Resolution RES-2007-417 ? 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 2007-418 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk Grant Permission to Town Clerk Elizabeth Neville and Records Management Assistant Stacey Norklun to Attend the New York State Archives Workshop on “Developing Records Management Policies and Southold Town Meeting Agenda - April 24, 2007 Page 21 Procedures” RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town Clerk Elizabeth Neville and Records Management Assistant Stacey Norklun to attend New York State Archives workshop on “Developing Records Management Policies and the Procedures”Wednesday, April 25, 2007 at Hauppauge, New York, on . Expense for travel shall be a legal expense of 2007 Town Clerk budget A.1410.4.600.300. Vote Record - Resolution RES-2007-418 ? 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 2007-419 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Authorize Supervisor to Execute All Necessary Plans and Specifications, Surplus Material Area Agreements, Assurances to the County of Suffolk, License And/Or Dredging Permit Applications to Federal and State Agencies and Any and All Other Documents that May be Required to Accomplish Dredging of Schoolhouse Creek. WHEREAS, the Town of Southold has requested the County of Suffolk to dredge a navigation channel in Schoolhouse Creek, Town of Southold; and WHEREAS , the County of Suffolk proposes to do said dredging of Schoolhouse Creek in the Town of Southold at a nominal cost to the Town of Southold; and WHEREAS ; in order to accomplish said dredging, plans, specifications, agreements and other documents must be executed on behalf of the Town of Southold; and WHEREAS , this approval shall remain in effect for the period of the required permits and any renewals thereof; now therefore be it RESOLVED : That the supervisor be and he hereby is authorized to execute, on behalf of the Town of Southold, all necessary plans and specifications, surplus material area agreements, assurances to the County of Suffolk, license and/or dredging permit applications to Federal and State Agencies and any and all other documents that may be required to accomplish said dredging work. Southold Town Meeting Agenda - April 24, 2007 Page 22 Vote Record - Resolution RES-2007-419 ? 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 2007-420 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Rescind the Appointment of Susan Roache and Appoints Douglas Constant As a Member of the Historic Preservation Commission RESOLVEDrescinds the appointment that the Town Board of the Town of Southold hereby of Susan Roache (see resolution No. 2007-373) to the Historic Preservation Commission and appoints Douglas Historic Preservation Commission Constant as a member of the , effective immediately through March 31, 2011. Vote Record - Resolution RES-2007-420 ? 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 2007-421 CATEGORY: Advertise DEPARTMENT: Town Clerk Grant Permission to the Southold Town Tree Committee to Place a Display Ad In the Suffolk Times to Promote the Memorial Tree Program RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Town Tree Committee to place a full page display ad in the Suffolk Times to Memorial Tree Program promote the ; costs to be a legal charge to the Tree Committee’s 2007 budget (A.8560.4.400.200) Southold Town Meeting Agenda - April 24, 2007 Page 23 Vote Record - Resolution RES-2007-421 ? 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 2007-422 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk Donald Sileo to Attend the Peace Officer Training RESOLVEDgrants permission to Donald Sileo that the Town Board of the Town of Southold to attend the Peace Officer Training offered by the County of Suffolk and certified by the Municipal Peace Officer Training Board of the NYS Division of Criminal Justice Services from April 30 through May 18, 2007, any expenses for registration and travel to be a charge to the Meetings and Seminars line of the Justice Court budget. Vote Record - Resolution RES-2007-422 ? 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 2007-423 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Retain L.K. McLean Associates to Perform a SEQRA Review on the Proposed Local Law Entitled “A Local Law In Relation to a Transfer Station” RESOLVEDretains L.K. McLean that the Town Board of the Town of Southold hereby Associates to perform a SEQRA review on the proposed Local law entitled "A Local Law in relation to a Transfer Station" in the Town of Southold, subject to the approval of the Town Attorney. Southold Town Meeting Agenda - April 24, 2007 Page 24 Vote Record - Resolution RES-2007-423 ? 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 2007-424 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk Set May 22, 2007 At 4:45 PM for a Public Hearing for a Local Law In Relation to a Transfer Station WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in County, New York on the 24 day of April, 2007, a Local Law entitled Relation to a Transfer Station ”, now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold New York on the 22nd day of May, 2007 at 4:45 p.m., at which time all interested persons will be given an opportunity to be heard. “Local Law in Relation to a Transfer Station”, This proposed which reads as follows: Local Law No. _______of 2007 Section 1. Purpose . In order to promote the health, safety and welfare of the citizens of the Town of Southold, the Town Board finds it necessary to provide for a Transfer Station use in the zoning code to facilitate the proper and efficient handling and transfer of municipal solid waste (MSW) and construction debris (C&D) material. The Town Board finds it appropriate to limit such use to the LIO Zoning District, subject to strict requirements, pursuant to a special permit issued by the Town Board, and site plan review by the Planning Board. Section 2. Code Amendment . Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-58. Use regulations. In the LIO District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: Southold Town Meeting Agenda - April 24, 2007 Page 25 D. A Transfer Station may be permitted, subject to special permit obtained from the Town Board pursuant to Section 233-6 the Town Code. The Transfer Station shall also be subject to site plan approval by the Planning Board based on the following criteria and requirements: (1) The plan shall include the precise location of all buildings, structures, employee and truck parking, loading, unloading, and traffic areas, internal circulation, container storage areas, storage areas for recycling, and any other information deemed pertinent to an adequate review of the proposal. (2) A minimum lot area of 120,000 square feet and the right to require a greater lot area. Such requirement shall be based on the scale of operation as measured by the size of the buildings proposed for the site, the volume of solid waste handled on a daily basis, and the requirements for vehicle parking and movement, or a finding that the operation cannot be adequately screened from adjoining property. (3) A minimum distance of four hundred (400) feet from a property zoned for residential use measured from the two closest points of parcel boundary, or located within six hundred (600) feet of an existing residential structure measured from the closest point of the residential structure to the parcel boundary. (4) Submission of a route plan to indicate that traffic generated by the facility will have a minimal impact on residential streets. (5) Provision of adequate lanes for vehicles entering the facility. (6) All sorting, baling, processing, crushing, and similar intensive activity associated with the facility, including the storage of all containers containing recyclable and waste material shall be contained inside a completely enclosed building with an impervious floor surface. (7) Outdoor use of the property shall be restricted to the parking and maneuvering of vehicles, washing of vehicles, scales necessary for the operation of the transfer station, and the storage of empty containers. (8) The storage of said empty containers shall be restricted to locations specifically identified on the site plan. This equipment shall be located and screened in such a manner so as to not be visible from the street of from adjoining properties. (9) On-street parking of vehicles, containers, or any other equipment or materials in any way connected with the facility shall be prohibited. (10) Where feasible, truck loading and unloading areas shall not face the street. (11) All toxic and hazardous materials shall be prohibited. (12) The maximum height of the facility shall not exceed thirty five (35) feet . (13) A minimum of twenty (20) feet of landscaping, including street trees shall be planted and maintained along all street frontages. (14) A six foot high black chain link fence with stockade attached shall be installed and maintained behind said landscaped areas. (15) Hours of operation shall be demonstrated by the applicant to be limited to minimize impact on surrounding properties. § 280-60. Front yard setbacks. C. A project shall be divided into separate structures so that no single structure shall have more than 60 linear feet of frontage on one street, except that this requirement shall not apply to Southold Town Meeting Agenda - April 24, 2007 Page 26 a transfer station. The setbacks of multiple structures on a parcel may vary, provided that the average setback of the structures meets the setback required above and all buildings are at least 75 feet from the right-of-way. Section 3. Code Amendment. Chapter 233 Solid Waste of the Code of the Town of Southold is hereby amended as follows: § 233-1. Definitions. Words and terms used in this article shall have the following meanings: TRANSFER STATION, TOWN -- The disposal area owned and operated by the Town of Southold located north of County Route 48 at Cutchogue, New York. TRANSFER STATION, PRIVATE – Any combination of structures, machinery and facilities used for off-loading solid waste from collection vehicles, the recovery of recyclables from said solid waste, and/or the reloading of nonrecyclable solid waste into vehicles for disposal. § 233-6 Transfer Station Special Permit. A. A permit application shall be made on the form prescribed by the Town Clerk and accompanied by a fee of $250.00. A permit issued pursuant to this section is not transferable and shall run for the same duration as a permit for the same transfer station issued by the New York State Department of Environmental Conservation. B. No permit shall be granted unless the applicant can produce a valid transfer station operating permit issued by the New York State Department of Environmental Conservation for the proposed site and further demonstrate that the proposed transfer station is consistent with the Town’s Solid Waste Management Plan. The terms of the permit may be reviewed by the Town Board from time to time to ensure that the operation is consistent with the Town of Southold Solid Waste Management Plan. C. The grant of a permit shall bind the applicant to provide the Town of Southold with the following information on an annual basis: (1) Gross tons of mixed solid waste and recyclables received. (2) Gross tons of recyclables removed from solid waste delivered. (3) Net tons of nonrecyclable solid waste reloaded onto vehicles for disposal. (4) Aggregate tonnage of all mixed solid waste and recyclables delivered to the facility, and the origin, by Town, of such tonnage. D. Prior to the issuance of a permit for a transfer station, an application for site plan approval shall be reviewed by the Planning Board of the Town of Southold. The Planning Board shall assume Lead Agency for the purposes of the SEQRA review and such review process shall be complete prior to the issuance of a permit under this section. Failure to comply with the terms of an approved site plan shall constitute grounds for immediate revocation of this permit. E. No permit shall issue until the applicant has submitted a route plan acceptable to the Town Board designed to indicate that traffic generated by the facility will have a minimal impact on residential streets. Southold Town Meeting Agenda - April 24, 2007 Page 27 F. The grant and acceptance of this permit shall constitute consent to allow inspection of the premises by the Town of Southold for the purpose of ensuring compliance with the permit. Inspection shall be upon reasonable prior notice to the permit holder. G. All trucks entering the facility containing materials for transfer must be covered. H. An emergency response plan acceptable to the Town Board shall be submitted, which may be referred to local emergency responders for comment and input. I. No permit shall issue until the Town Board has held a public hearing on the application, with at least ten days notice provided to the public. J. The Town Board may approve, approve with conditions, or deny an application for a transfer station permit. The Town Board may impose such conditions or safeguards on the issuance of the transfer station permit to ensure that the proposed operation shall not have an adverse effect on the environment, the character of the area or the general welfare of the Town. K. Nothing in this section shall exempt an applicant or facility from compliance with zoning or other requirements of the Town Code. § 233-6.7 Penalties for offenses § 233-78. Revocation of permit and/or license. Section 4. Severability . If an section or subsection, paragraph, clause, phrase or provision of this law shall be judge invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. Section 5. Effective Date . This Local Law shall take effect immediately upon filing with the Secretary of State. Vote Record - Resolution RES-2007-424 ? 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 2007-425 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Southold Town Meeting Agenda - April 24, 2007 Page 28 Enact a Local Law In Relation to Wind Energy Systems for Agricultural Uses 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 Wind Energy Systems for Agricultural Uses” AND WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid the 24th day Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on of April, 2007 at 4:45 p.m. 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 hereby ENACTS the proposed “A Local Law in relation to Wind Energy Systems for Agricultural Local Law entitled, Uses” reads as follows: LOCAL LAW NO. 2007 “A Local Law in relation to Wind Energy Systems for Agricultural A Local Law entitled, Uses” . 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 of the citizens of the Town of Southold, the Town Board of the Town of Southold finds it appropriate to encourage the development of small wind energy systems attendant to bona fide agricultural uses, and to provide standards for such systems. The overriding goal of this local law is to promote the reduction of on-site consumption of utility power for such uses, while protecting . from any adverse effects of such systems II. Chapter 280 of the Code of the Town of Southold is hereby amended, as follows: § 280- 4. Definitions. B. SMALL WIND ENERGY SYSTEM -- A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity intended primarily to reduce on-site consumption of utility power. ARTICLE III Agricultural-Conservation (A-C) District and Residential R-80, R-120, R-200 and R-400 Districts Southold Town Meeting Agenda - April 24, 2007 Page 29 § 280-13. Use Regulations. A. Permitted Uses. (5) Small wind energy systems on parcels greater than seven (7) acres in size, which parcels are dedicated primarily to uses necessary for bona fide agricultural production, and subject to the standards provided in Chapter 277 of this Town Code. III. A new Chapter 277 of the Code of the Town of Southold is hereby adopted, as follows: § 277-1. Definitions. SMALL WIND ENERGY SYSTEM -- A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity intended primarily to reduce on-site consumption of utility power. TOWER HEIGHT – The height above grade of the fixed portion of a tower that is part of a small wind energy system, exclusive of the wind turbine. § 277-2. Application. Applications for small wind energy systems shall be submitted to the Town of Southold Building Department and shall include: a. Name, address, telephone number of the applicant. If the applicant will be represented by an agent, the name, address and telephone number of the agent as well as an original signature of the applicant authorizing the agent to represent the applicant. b. Name, address, telephone number of the property owner. If the property owner is not the applicant, the application shall include a letter or other written permission signed by the property owner (i) confirming that the property owner is familiar with the proposed applications and (ii) authorizing the submission of the application. c. Address of each proposed tower site, including tax map section, block and lot number. d. Evidence that the proposed tower height does not exceed the height recommended by the manufacturer or distributor of the system. e. A plot plan at 1’ = 100’ scale depicting the limits of the fall zone distance Southold Town Meeting Agenda - April 24, 2007 Page 30 from structures, property lines, public roads and projected noise levels decibels (DBA) from the small wind energy system to nearest occupied dwellings. f. A line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms to the Electric Code. g. Written evidence that the electric utility service provider that serves the proposed site has been informed of the applicant’s intent to install an interconnected customer-owned electricity generator, unless the applicant does not plan, and so states in the application, to connect the system to the electricity grid. §277-3. Development standards. a. Tower Height. Tower height shall not exceed one-hundred twenty (120) feet. To prevent harmful wind turbulence to the small wind energy system, the minimum height of the lowest part of any horizontal axis wind turbine blade shall be at least 30 feet above the highest structure or tree within a 250 foot radius. Modification of this standard may be made when the applicant demonstrates that a lower height will not jeopardize the safety of the wind turbine structure. b. Set-backs. Notwithstanding the provisions of the Bulk Schedule, the following standards shall apply to Small Wind Energy Systems: i. A small wind energy system shall be set back from a property line a distance no less than the total height of small wind energy system plus ten (10) feet. ii. No part of the wind system structure, including guy wire anchors, may extend closer than ten (10) feet to the property boundaries of the installation site. iii. A small wind energy system shall be set-back from the nearest public road a distance no less than the total height of the small wind energy system, plus ten (10) feet, and in no instance less than one hundred (100) feet. c. Noise. Small wind energy systems shall not exceed 60 DBA, as measured at the closest neighboring inhabited dwelling at the time of installation. The level, however, may be exceeded during short-term events such as utility outages and/or severe wind storms. Southold Town Meeting Agenda - April 24, 2007 Page 31 d. Approved Wind Turbines. Small wind turbines must have been approved under the small wind certification program recognized by the American Wind Energy Association and/or NYSERTA. e. Compliance with Uniform Building Code. Building permit applications for small wind energy systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of the tower showing compliance with the Uniform Building Code and certified by a licensed professional engineer shall also be submitted. This requirement may be satisfied by documentation presented by the manufacturer. f. Compliance with National Electric Code. Building permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code. This requirement may be satisfied by documentation supplied by the manufacturer. g. Compliance with FAA Regulations. Small wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports. The allowed height shall be reduced to comply with all applicable Federal Aviation Requirements, including Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the code of Federal Regulations regarding installations close to airports. h. Utility Notification. No small wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement. §277-4. Construction standards. a. Exterior lighting on any structure associated with the system shall not be allowed except that which is specifically required by the Federal Aviation Administration. b. The system’s tower and blades shall be a non-reflective, unobtrusive color that blends the system and its components into the surrounding landscape to the greatest extent possible and incorporate non-reflective surfaces to minimize any visual disruption. c. All on-site electrical wires associated with the system shall be installed underground except for “tie-ins” to a public utility company and public utility company transmission poles, towers and lines. d. The system shall be operated such that no disruptive electromagnetic interference is caused. If it has been demonstrated that a system is causing harmful interference, the Southold Town Meeting Agenda - April 24, 2007 Page 32 system operator shall promptly mitigate the harmful interference or cease operation of the system. e. At least one sign shall be posted on the tower at a height of five feet warning of electrical shock or high voltage and harm from revolving machinery. f. No brand names, logo or advertising shall be placed or painted on the tower, rotor, generator or tail vane where it would be visible from the ground, except that a system or tower’s manufacturer’s logo may be displayed on a system generator housing in an unobtrusive manner. g. Towers shall be constructed to provide one of the following means of access control, or other appropriate method of access: i. Tower-climbing apparatus located no closer than 12 feet from the ground. ii. A locked anti-climb device installed on the tower. iii. A locked, protective fence at least six feet in height that encloses the tower. h. Anchor points for any guy wires for a system tower shall be located within the property that the system is located on and not on or across any above-ground electric transmission or distribution lines. The point of attachment for the guy wires shall be sheathed in bright orange or yellow covering from three to eight feet above the ground. i. All small wind energy systems shall be equipped with manual and automatic over-speed controls. The conformance of rotor and over-speed control design and fabrication with good engineering practices shall be certified by the manufacturer. §277-5. Fees. a. The Building Department fee for small wind energy system applications shall be $250.00. §277-6. Abandonment of Use. All small wind energy systems which are not used for twelve (12) successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner. Failure to abide by and faithfully comply with this section or with any and all conditions that may be attached to the granting of any building permit shall constitute grounds for the revocation of the permit by the Building Department. §277-7. Enforcement; Penalties and Remedies for Violations. Southold Town Meeting Agenda - April 24, 2007 Page 33 A. The Town Board shall appoint such Town Staff or outside consultants as it sees fit to enforce this Article. Notwithstanding such appointment, the Building Inspector, Code Enforcement Officer and Town Attorney shall have authority to enforce this Article. B. Any person owning, controlling or managing any building, structure or land who shall undertake a wind energy conversion facility or wind monitoring tower in violation of this Article or in noncompliance with the terms and conditions of any permit issued pursuant to this Article, or any order of the enforcement officer, and any agent who shall assist in so doing, shall be guilty of an offense and subject to a fine of not more than $1000.00 or to imprisonment for a period of not more than 30 thirty days, or subject to both such fine and imprisonment. Every such person shall be deemed guilty of a separate offense for each week such violation shall continue. The Town may institute a civil proceeding to collect civil penalties in the amount of $1000.00 for each violation and each week said violation continues shall be deemed a separate violation. C. In case of any violation or threatened violation of any of the provisions of this Article, including the terms and conditions imposed by any permit issued pursuant to this Article, in addition to other remedies and penalties herein provided, the Town may institute any appropriate action or proceeding to prevent such unlawful erection, structural alteration, reconstruction, moving and/or use, and to restrain, correct or abate such violation, to prevent the illegal act. IV. SEVERABILITY. Should any provision of this Local Law be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this Local Law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. V. EFFECTIVE DATE. This Local Law shall be effective upon its filing with the Secretary of State in accordance with the Municipal Home Rule Law. Vote Record - Resolution RES-2007-425 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ???????? Daniel C. Ross ?? Defeated ???????? Thomas H. Wickham ?? Tabled ???????? Louisa P. Evans ?? Withdrawn ???????? Scott Russell ADJOURN FOR PUBLIC HEARING AT 4:45 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ???????? Daniel C. Ross ?? Defeated ???????? Thomas H. Wickham ?? Tabled ???????? Louisa P. Evans ?? Withdrawn ???????? Scott Russell Southold Town Meeting Agenda - April 24, 2007 Page 34 VI. PUBLIC HEARINGS 1. Wind Energy LL PH MEETING ADJOURNED AT _____________pm Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ???????? Daniel C. Ross ?? Defeated ???????? Thomas H. Wickham ?? Tabled ???????? Louisa P. Evans ?? Withdrawn ???????? Scott Russell