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Home My WebLink AboutAG-09/11/2007 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 www.southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER AGENDA SOUTHOLD TOWN BOARD September 11, 2007 4:30 PM 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. I. REPORTS 1. Program for the Disabled August 2007 2. Island Group Lag Claim Report 8/1/06 to 7/31/07 3. Justice Bruer August 2007 II. PUBLIC NOTICES 1. NYS Liquor License Renewal Pugliese Vineyards Inc., Cutchogue, New York for renewal of a Farm Winery License MAZZ Rest LTD d/b/a The Red Door Restaurant, 13560 Main Rd., Mattituck for renewal of Liquor License 2. County of Suffolk Notice of Completion of Final Scoping Document on Draft GEIS for the Proposed Suffolk County Shellfish Aquaculture Lease Program in Peconic and Gardiners Bays. III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 A.M. Unsafe Building Hearing 2. 9:30 A.M. Becky Wiseman Agricultural Stewardship Program Southold Town Meeting Agenda - September 11, 2007 Page 2 3. 10:00 A.M. Mattituck Stakeholders 4. 10:30 A.M. Cutchogue Stakeholders 5. Emergency Dredging of Goldsmith Inlet Supervisory Russell 6. Animal Code (Residential Zones) Supervisor Russell 7. Beach Parking / Use/ Misc. Supervisor Russell 8. Code Committee Updates Affordable Housing - Supervisor Russell Signage - Councilman Edwards 9. 11:00 A.M. Don Kirby Helicopters in Southold Town - Supervisor Russell and Councilman Ross 10. Road Closure Protocol Councilman Krupski 11. Executive Session Possible discipline/employment matter of a particular employee 12. 8:50 A.M. - Executive Session Property Acquisition - Melissa Spiro 13. Change of Zone Request CALL TO ORDER 4:30 PM Meeting called to order on September 11, 2007 at Meeting Hall, 53095 Route 25, Southold, NY. 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 ??? Southold Town Meeting Agenda - September 11, 2007 Page 3 PLEDGE OF ALLEGIANCE OPENING STATEMENTS V. RESOLUTIONS 2007-719 CATEGORY: Audit DEPARTMENT: Town Clerk Audit Dated 9/11/07 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby September 11, 2007. Vote Record - Resolution RES-2007-719 ? 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 2007-720 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Meeting September 25, 2007 @ 7:30 RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, September 25, 2007 at the Southold Town Hall, Southold, New York at 7:30 P. M.. Vote Record - Resolution RES-2007-720 ? 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 2007-721 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to Public Safety Dispatcher I John Helf, Jr., to Attend Training Seminar At the Northport Police Department Southold Town Meeting Agenda - September 11, 2007 Page 4 RESOLVED grants permission to Public that the Town Board of the Town of Southold hereby Safety Dispatcher I John Helf, Jr., to attend a Advanced EMD (Emergency Medical Dispatch) training at the Commack Volunteer Ambulance Site, Commack, NY commencing on Saturday, November 10, 2007 through Sunday, November 11, 2007. All expenses for registration and travel to be a legal charge to the 2007 Public Safety Communications budget line A.3020.2.200.700. Vote Record - Resolution RES-2007-721 ? 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 2007-722 CATEGORY: Tax Lien DEPARTMENT: Town Clerk Fishers Island Sewer District Lien for $1614.37 for Unpaid Sewer Rent for the Year of 2007 Owed by Carolyn Juleen Doherty and Thomas F. Doherty, Jr., SCTM #1000-12-1-2 RESOLVED that the Town Board of the Town of Southold, in accordance with Article XV, determines that Section 215-50 of Chapter 215 of the Code of the Town of Southold, hereby the Fishers Island Sewer District rent owed by Carolyn Juleen Doherty and Thomas F. Doherty, Jr. in the amount of $1614.38 for the year of 2007 which rent remains unpaid, shall be levied against the real property of Carolyn and Thomas F. Doherty, Jr. (Carolyn Juleen Doherty SCTM #1000-12-1-2), and shall be collected at the same time and in the same manner as Town taxes. Vote Record - Resolution RES-2007-722 ? 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 2007-723 Southold Town Meeting Agenda - September 11, 2007 Page 5 CATEGORY: Budget Modification DEPARTMENT: Highway Department Budget Modification Highway RESOLVED modifies the 2007 Highway that the Town Board of the Town of Southoldhereby Fund Part Town budget as follows: To: DB.5142.4.100.525 Snow Removal Contractual Expense Supplies & Materials Snow Fence $ 3,036.00 From: DB.5142.4.100.100 Snow Removal Contractual Expense Supplies & Materials Miscellaneous Supplies $ 3,036.00 Vote Record - Resolution RES-2007-723 ? 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 2007-724 CATEGORY: Budget Modification DEPARTMENT: Highway Department Budget Modification - Highway RESOLVED modifies the 2007 Highway that the Town Board of the Town of Southoldhereby Fund Part Town budget as follows: To: DB.5110.4.400.600 General Repairs Contractual Expense Contracted Services Other Contracted Services $ 7,500.00 From: DB.5140.1.100.100 Brush & Weeds/Miscellaneous Personal Services Full Time Employees Regular Earnings $ 7,500.00 Southold Town Meeting Agenda - September 11, 2007 Page 6 Vote Record - Resolution RES-2007-724 ? 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 2007-725 CATEGORY: Advertise DEPARTMENT: Police Dept Advertise for School Crossing Guards - Police RESOLVEDauthorizes and directs the Town that the Town Board of the Town of Southold Clerk to advertise for School Crossing Guards for several locations within the Town of Southold . Rate of pay to be determined by location. Vote Record - Resolution RES-2007-725 ? 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 2007-726 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Southold Methodist and Presbyterian Churches to Use Certain Town Roads for the Purpose of Holding the Annual CROP Walk for Hunger on Sunday, October 21, 2007 From the Hours of 12:00 Noon to 4:00 Pm RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Southold Methodist and Presbyterian Churches to use the following Town Roads for the purpose of holding the annual CROP Walk for Hunger on Sunday, October 21, 2007 from the hours of 12:00 noon to 4:00 pm: Wells Avenue, Oaklawn Avenue, Pine Neck Road, North Road to Bayview, North Bayview Road, Cedar Drive, Waterview Drive, Main Bayview Road , provided they file with the Town Clerk a One Million Dollar Certificate of Southold Town Meeting Agenda - September 11, 2007 Page 7 Insurance naming the Town Southold as an additional insured and contact Capt. Flatley immediately to coordinate traffic control. Vote Record - Resolution RES-2007-726 ? 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 2007-727 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Hire Brett Egan PT Deckhand FIFD RESOLVEDappoints Brett Eagen to that the Town Board of the Town of Southold hereby the position of a part-time deckhand for the Fishers Island Ferry District, effective September 13, 2007, at a rate of $9.00 per hour. Vote Record - Resolution RES-2007-727 ? 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 2007-728 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Salary Increase Jesse Marshall FIFD Captain RESOLVED that the Town Board of the Town of Southold hereby increases the salary of Ferry Captain Jesse Marshall, Fishers Island Ferry District, effective September 17, 2007, at a rate of $24.08 per hour. This increase reflects a longevity and merit raise Southold Town Meeting Agenda - September 11, 2007 Page 8 Vote Record - Resolution RES-2007-728 ? 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 2007-729 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification - Reallocate Park & Playground RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby General Fund Whole Town budget as follows: From: A.1620.2.500.350 Beach Improvements $3,500.00 To: A.1620.2.500.825 Cochran Park Improvements $3,500.00 Vote Record - Resolution RES-2007-729 ? 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 2007-730 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Solid Waste Management District Trinity Contract Extension WHEREAS it has been determined that a one year extension to the Contract between Trinity Transportation Corp. and the Town of Southold for MSW Transport and Disposal Services, as contemplated in said Contract adopted by the Town Board on June 19, 2007, is in the economic and environmental interest of the Town of Southold, it is hereby Southold Town Meeting Agenda - September 11, 2007 Page 9 RESOLVEDauthorizes and directs Supervisor that the Town Board of the Town of Southold Scott A. Russell to execute an Extension to the Town’s contract with Trinity Transportation Services, Inc. for the provision of MSW Transportation and Disposal Services for a period of one year (July 1, 2009 – June 30, 2010), subject to the review and approval of the Town Attorney. Vote Record - Resolution RES-2007-730 ? 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 2007-731 CATEGORY: Budget Modification DEPARTMENT: Public Works McCabe’s Beach Parking Lot Improvements RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby Budget as follows: From: A.1620.2.500.350 Town Beach Parking Lot Beach Improvements $10,000 A.1620.2.500.350 Klipp Park Parking Lot Beach Improvements $ 3,500 A.1620.2.500.375 Klipp Park Dock/Pine Neck Road Boat Ramp Improvements $ 3,500 To: A.1620.2.500.350 McCabe’s Beach Parking Lot Beach Improvements $17,000 Southold Town Meeting Agenda - September 11, 2007 Page 10 Vote Record - Resolution RES-2007-731 ? 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 2007-732 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification -- Highway Fund RESOLVEDmodifies the 2007 Highway that the Town Board of the Town of Southold hereby Fund Part Town budget as follows: To: DB.5140.2.200.300 Brush & Weeds/Miscellaneous Office Furniture $ 191.71 DB.5140.4.100.100 Brush & Weeds/Miscellaneous Office Supplies 425.00 DB.5140.4.100.700 Brush & Weeds/Miscellaneous Safety Gear 425.00 DB.5140.4.600.600 Brush & Weeds/Miscellaneous Dues & Subscriptions 191.70 DB.5142.4.100.920 Snow Removal Sand 314.00 From: DB.5140.2.200.200 Brush & Weeds/Miscellaneous File Cabinets $ 191.71 DB.5140.4.100.125 Brush & Weeds/Miscellaneous Miscellaneous Supplies 850.00 DB.5140.4.600.200 Brush & Weeds/Miscellaneous Meetings & Seminars 191.70 DB.5142.4.100.100 Snow Removal Miscellaneous Supplies 314.00 Vote Record - Resolution RES-2007-732 ? 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 - September 11, 2007 Page 11 2007-733 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk Grants Permission to James Richter to Attend Two Mandatory Seminars: (1) LWRP Grant Administration, on October 2, 2007 In Albany, New York and (2) Role of Consultants Sessions a & B, on October 24, 2007 In Albany, New York and John Cushman to Attend the October 2, 2007 Seminar. RESOLVED grants permission to that the Town Board of the Town of Southold hereby James Richter to attend two mandatory seminars: (1) LWRP Grant Administration, on October 2, 2007 in Albany, New York and (2) Role of Consultants Sessions A & B, on October 24, 2007 in Albany, New York and John Cushman to attend one seminar: (1) LWRP Grant Administration, on October 2, 2007 in Albany, New York Expenses for registration, travel and lodging (if necessary) to be reimbursed by EPF LWRP grant award. Vote Record - Resolution RES-2007-733 ? 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 2007-734 CATEGORY: Property Acquisition Public Hearing DEPARTMENT: Land Preservation Moeller/Bittner Set Public Hearing, September 25, 2007 7:40 Pm RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of sets Tuesday, September 25, 2007, at 7:40 p.m., Southold Town Hall, 53095 Southold hereby Main Road, Southold, New York as the time and place for a public hearing for the purchase of properties owned by Jacqueline Moeller and TMJ Realty Inc. a/k/a the Bittner properties . Said properties are identified as SCTM #1000-58-1-1, #1000-68-1-17.2, and #1000- Southold Town Meeting Agenda - September 11, 2007 Page 12 68-1-17.3. The total area of the properties is 58± acres. The addresses of the properties are respectively 5415, 4305 & 4305 Soundview Avenue in Peconic. The properties are located within the R-80 zoning district. The properties begin approximately 4300 feet westerly on Soundview Avenue from the intersection of Soundview Avenue and Kenney’s Road in Southold. The combined properties include 1360 feet of road frontage on Soundview Avenue and 1404 feet along Long Island Sound. The proposed acquisition is for the Town, in a 50%/50% partnership with the County of Suffolk, to acquire fee title as tenants in common to the 58± acres combined parcels for open space passive recreational purposes. The exact area of the purchase is subject to survey. The purchase price for the entire 58± acres is $13,294,000 (thirteen million two hundred ninety-four thousand dollars) and the purchase will be funded by the Community Preservation Fund and the County of Suffolk Legacy Fund. The Town may be eligible for funding from an awarded $1,464,735 (one million four hundred sixty-four thousand seven hundred thirty-five thousand dollar) federal grant from The National Oceanic & Atmospheric Administration, Coastal Estuarine Land Conservation Program (NOAA/CELCP). The purchase will include a vacated residential structure and bulkheading that will be removed in their entirety upon obtaining fee title to these parcels. The property is listed on the Town’s Community Preservation Project Plan as property that should be preserved for open space as a park, nature preserve, or recreational area containing undeveloped beachlands and shorelines that are located within a unique or threatened ecological area. FURTHER NOTICE is hereby given that a more detailed description of the above-mentioned parcel of land is on file in the Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Southold Town Meeting Agenda - September 11, 2007 Page 13 Vote Record - Resolution RES-2007-734 ? 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 2007-735 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District DSW Budget Mods 9/11/07 RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby Solid Waste District budget as follows: From: SR 8160.2.100.200 Equipment – Desks $ 500.00 SR 8160.4.100.550 Maint – Komatsu 2,000.00 SR 8160.4.100.552 Maint/Supply 3 yd loader 2,000.00 SR 8160.4.100.566 Maint/Cat Quarry Truck 2,500.00 SR 8160.4.100.600 Misc. Equip. Maint/Supplies 500.00 SR 8160.4.400.650 Repairs CAT IT12B 1,000.00 SR 8160.4.400.675 Repairs CAT 816 B 5,000.00 To: SR 8160.2.100.300 Equipment – Chairs $ 500.00 SR 8160.4.100.120 Employee Work Gear 500.00 SR 8160.4.100.525 Tires – Payloader/Truck 8,000.00 SR 8160.4.100.609 RCA Blend 4,500.00 Vote Record - Resolution RES-2007-735 ? 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 2007-736 CATEGORY: Landfill Misc. DEPARTMENT: Solid Waste Management District Southold Town Meeting Agenda - September 11, 2007 Page 14 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 2007 Fall Conference of the New York State Association for Solid Waste Management in Lake Placid, NY on September 23 – 25, 2007 AND 2) the Solid Waste Ass’n. of North America, New York Chapter’s Technical Session on Waste Facility Odor Control on November 7, 2007 in Albany, 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-2007-736 ? 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 2007-737 CATEGORY: Attend Seminar DEPARTMENT: Building Department Attend Classes - Building Dept RESOLVED grants permission to Fire that the Town Board of the Town of Southold hereby Inspector Bob Fisher, Building Inspector George Gillen and Chief Building Inspector Michael Verity to attend a seminar on electrical inspections in Lindenhurst, New York, on September 19, 2007. All expenses for registration, travel and lodging (if necessary) to be a legal charge to the 2007 Building Department budget (meetings and seminars). Vote Record - Resolution RES-2007-737 ? 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 2007-738 CATEGORY: Legal DEPARTMENT: Town Attorney Southold Town Meeting Agenda - September 11, 2007 Page 15 Unsafe Building In Greenport WHEREAS , by Resolution No. 36 of 2004, the Town Board of the Town of Southold, after a public hearing, declared the structure located on the property of 495 Linnet Street, Greenport, an unsafe building pursuant to Chapter 90 (currently Chapter 100) of the Town Code of the Town of Southold; and WHEREAS , the Southold Town Board reopened the public hearing on September 11, 2007, and heard additional testimony from Director of Code Enforcement, Edward Forrester, and did review photographs and other documentary evidence admitted at the hearing; and WHEREAS , notice was sent via certified mail, return receipt requested, facsimile and phone contact informing the owner, the Estate of Mary Carter, c/o Darrilyn Riddick, Executrix, and the attorney for the Executrix, that the structure had been determined to be an unsafe building as defined in the Southold Town Code; and further informing all parties that a hearing would be continued before the Southold Town Board on September 11, 2007 at 9:00 a.m.; and WHEREAS , the structure located at 495 Linnet Street, Greenport, in a densely residential area, has fallen into further and severe disrepair, including dilapidation of the fence and the building, rodent infestation, and people trespassing in and around the structure creating an extremely hazardous condition, threatening the health, safety and welfare of the residents of the Town of Southold; and WHEREAS , the owner and/or Executrix have failed to maintain the structure and failed to appear for the public hearing held on January 6, 2004, or the continuation held on September 11, 2007; and it is therefore RESOLVED , that the Town Board of the Town of Southold hereby adopts the recommendation declares the structure located on the of the Director of Code Enforcement and hereby property of 495 Linnet Street, Greenport, to be an unsafe building pursuant to Chapter 100 of the Southold Town Code; and further directs that service of this Notice be made on Southold Town Meeting Agenda - September 11, 2007 Page 16 the owner and Executrix of the premises, and in the event that complete rehabilitation or removal of the structure by the owner or Executrix has not occurred within thirty (30) days of service of this Notice, the Town directs demolition of the structure and removal of associated debris and the costs and expenses incurred assessed against the property of 495 Linnet Street, Greenport, in accordance with Chapter 100 of the Southold Town Code . Vote Record - Resolution RES-2007-738 ? 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 2007-739 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney Set PH In Regard to Animals, October 9, 2007 4:40 Pm WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New “A Local Law in relation to Amendments York, on the 11th day of September, 2007 a Local Law entitled to the Town Code Relating to Animals” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid th day of October, Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 9 2007 at 4:40 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Amendments to the Town Code Relating The proposed Local Law entitled, to Animals” reads as follows: LOCAL LAW NO. 2007 “A Local Law in relation to Amendments to the Town Code Relating to A Local Law entitled, Animals” . Southold Town Meeting Agenda - September 11, 2007 Page 17 BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE – To update the regulations concerning the keeping of animals in the Town of Southold, and requiring that a property owner harboring peacocks be located on at least ten acres of property. II. CODE AMENDMENTS . Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-13. Use regulations. In A-C, R-80, R-120, R-200 and R-400 Districts, 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 uses except the following: C. Accessory uses, limited to the following uses and subject to the conditions listed in § 280-15 herein: (8) Housing for and harboring of horses, livestock including sheep and goats, and domestic animals other than household pets dogs and cats, provided that such housing shall not be constructed within 40 feet of any lot line. The housing or harboring of such animals shall be conducted for the use and enjoyment of the residents of the primary residence only. (a) Peacocks may be housed or harbored in the A-C zoning district only, on parcels no less than ten (10) acres in size. (b) Housing for flocks of more than 25 fowl shall not be constructed within 50 feet of any line. Chapter 83 of the Code of the Town of Southold is hereby amended as follows: Chapter 83, ANIMALS DEFINITIONS UNREASONABLE NOISE — Any excessive or unusually loud sound or any sound that either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities or which causes injury to animal life or damage to property or business, except the sound from agricultural operations. Standards to be considered in determining whether "unreasonable noise" exists in a given situation include, but are not limited to, the following: (1) The volume of the noise. (2) The intensity of the noise. (3) Whether the nature of the noise is usual or unusual. (4) Whether the origin of the noise is usual or unusual. (5) The volume and intensity of the background noise, if any. (6) The proximity of the noise to residential sleeping facilities. Southold Town Meeting Agenda - September 11, 2007 Page 18 (7) The nature and zoning district of the areas within which the noise emanates. (8) The time of day or night the noise occurs. (9) The time duration of the noise. (10) Whether the sound source is temporary. (11) Whether the noise is continuous or impulsive. § 83-5. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1-1973] A. Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation punishable by a fine 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. B. In addition to the above-provided penalties, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this article. § 83-13. Penalties for offenses. Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. ARTICLE IV. General Regulations for Keeping of Animals other than Dogs and Cats. §83-19. No manure shall be kept onsite, other than as permitted pursuant to §280-12. §83-20. The disposal of animal wastes shall be provided for in such a manner as to prevent any nuisance or sanitary problem. §83-21. No accessory building or structure or part thereof used for the housing of livestock or domestic animals, other than dogs or cats, shall be less than 40 feet from any lot line, per §280- 13. Housing for flocks of more than 25 fowl shall not be constructed within 50 feet of any lot line, per §280-13. §83-22. No person shall keep, raise, house or maintain any animal that shall constitute a nuisance or create a hazard to public health, or in any manner that shall annoy, injure, disturb, or endanger the comfort, repose, health, peace or safety of other persons or the public. §83-23. Noise Southold Town Meeting Agenda - September 11, 2007 Page 19 No person shall keep, permit or maintain any animal, including a bird, under his control which frequently or for continued duration of at least fifteen (15) minutes makes sounds which create unreasonable noise across a residential real property boundary. §83-24 No person shall allow any animal including livestock and fowl, to run at large elsewhere than upon the premises of the owner or custodian unless said animal shall be on a leash or accompanied by a person at least 12 years of age, having adequate control of such animal, or unless it be upon the premises of another person with the knowledge and consent of such person. §83-25. Burial of animals. A. No burial of any animal in a front yard shall be permitted. B. No burial of any horses or livestock (including sheep and goats) on property less than five (5) acres, excluding property where the principal use is agricultural. Article VI Enforcement. §83-24. Penalties for offenses. A. Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding $500 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. B. In addition to the above-provided penalties, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this article. 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-2007-739 ? 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 - September 11, 2007 Page 20 2007-740 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney Set PH Aircraft 10/23 7:35 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law to County, New York, on the 11th day of September, 2007 a Local Law entitled Establish a Minimum Height for Operations of Aircraft Over Town Limits” 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 23rd day of October, 2007 at 7:35 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law to Establish a Minimum Height for The proposed Local Law entitled, Operations of Aircraft Over Town Limits” reads as follows: LOCAL LAW NO. 2007 “A Local Law to Establish a Minimum Height for Operations of A Local Law entitled, Aircraft Over Town Limits” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I.Purpose. It is the purpose of this Chapter to preserve and promote the health, safety and general welfare of the inhabitants of the Town of Southold without prohibiting the safe passage of aircraft through and above the Town. This Chapter is designed to prevent the operation of aircraft passing through the air boundaries of the Town and which aircraft neither takes off or lands within the Town, from annoying inhabitants and from creating a public nuisance. The enactment of this Chapter is intended to have the effect of providing additional enforcement of the provisions of New York State’s General Business Law Article 14. The land area that comprises the Town of Southold is a congested area and the operation of helicopters below the legal limit set forth in Section 245(2)(b) of the General Municipal Law are presumed to be a Southold Town Meeting Agenda - September 11, 2007 Page 21 hazard to persons and property on the surface and constitute careless and reckless operation and this Chapter is intended to prohibit such operation. II. A new Chapter 80 of the Code of the Town of Southold is hereby adopted as follows: §80-1 Careless and Reckless Operation. It shall be unlawful to operate or for the owner to permit the operation of any type of aircraft in a careless or reckless manner so as to endanger the life or property of others. §80-2. Minimum Safe Altitudes. It shall be unlawful to operate or for the owner to permit the operation of any type of aircraft over the legal limits of the Town of Southold, which is a congested area as that term is used in New York State’s General Business Law Article 14, below an altitude of one thousand feet above the highest obstacle within a horizontal radius of two thousand feet from the aircraft. The operation of aircraft below this minimum altitude is presumed to be hazardous to persons and property on the surface. §80-3. Exceptions. This Chapter shall not apply to: (a) aircraft used exclusively in the governmental service of the United States, or exclusively in the service of the National Guard of New York State; (b) aircraft that has taken off or landed within the Town of Southold between such time as it has passed into the airspace above the Town of Southold and out of the airspace above the Town of Southold; and (c) aircraft being used exclusively for agricultural operations. §80-4. Penalties. A person who violates the foregoing provisions shall be guilty of a misdemeanor and punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than ninety days, or both. 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. Southold Town Meeting Agenda - September 11, 2007 Page 22 Vote Record - Resolution RES-2007-740 ? 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 2007-741 CATEGORY: Legal DEPARTMENT: Public Works Goldsmith Inlet Dredging RESOLVEDauthorizes and directs Jim that the Town Board of the Town of Southold hereby McMahon and James Richter to submit permit applications to the NYS DEC, Army Corps of Engineers and NYS DOS for dredging of Goldsmith Inlet, in 2008. Vote Record - Resolution RES-2007-741 ? 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. Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: RESOLVEDbe and hereby is declared that this meeting of the Southold Town Board Recessed in order to hold a public hearing. 2. BCI Communications Waiver Cell Moratorium VII. CLOSING STATEMENTS Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at __________ P.M. * * * * * Southold Town Meeting Agenda - September 11, 2007 Page 23 Elizabeth A. Neville Southold Town Clerk VIII. MINUTES APPROVAL 1. Tuesday, August 28, 2007