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HomeMy WebLinkAboutAG-10/23/2007 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 October 23, 2007 7:30 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. Budget September 2007 2. Claim Lag - Island Group 10/1/06 to 9/30/07 3. Board of Trustees September 2007 4. Justice Evans September 2007 5. Justice Price September 2007 6. Program for the Disabled September 2007 7. Justice Bruer September 2007 8. Recreation Department September 2007 Southold Town Meeting Agenda - October 23, 2007 Page 2 9. Board of Trustees September 2007 II. PUBLIC NOTICES 1. NYS Liquor Licenses Liquor License Renewal - G & E Seafood Barge Inc., 62980 Main Rd., Southold 2. N Y S D E C Proposed aquaculture activity involving the culture of shellfish on less than a 5 acre parcel of state underwater land in Long Island Sound, approximately 0.5 miles west Terry Point. III. COMMUNICATIONS IV. DISCUSSION 1. 9:30 AM - Heather Lanza Planning Department Staffing 2. Peconic Transfer Station Application 3. Conservation Advisory Council Vacancy 4. BCI Communications Waiver Request per Town Attorney 5. Cutchogue Fire Department New Facility SEQR 6. Long Island Homeowners Insurance Crisis Update 7. 1:30 P.M. - Greenport HALO Map Mark Terry 8. 11:30 AM - Executive Session Valerie Scopaz, Tim Caufield, Stephen Searl Potential Land Acquisition 9. 12:30 PM - Executive Session Jim Dinizio Personnel Southold Town Meeting Agenda - October 23, 2007 Page 3 10. Executive Session - Town Attorney Litigation 11. Executive Session Contract Negotiations 12. Executive Session Confidential Employees’ Salaries - per Councilman Wickham 13. Executive Session Contract 14. 10:30 A.M. - Jim Bunchuck Proposal to reduce commercial tipping fees 15. Chapter 275 Possible New Public Hearing Date 16. Executive Session Personnel - per J Cushman CALL TO ORDER 7:30 PM Meeting called to order on October 23, 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 ??? Town Clerk Elizabeth A Neville ??? Town Attorney Patricia A Finnegan ??? PLEDGE OF ALLEGIANCE OPENING STATEMENTS MINUTES APPROVAL RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, September 25, 2007 Southold Town Meeting Agenda - October 23, 2007 Page 4 Vote Record - Acceptance of Minutes for September 25, 2007 7:30 PM ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ???????? William P. Edwards ? Accepted ?????????? Accepted as Amended Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ???????? Louisa P. Evans ???????? Scott Russell V. RESOLUTIONS 2007-799 CATEGORY: Audit DEPARTMENT: Town Clerk Audit 10/23/07 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby October 23, 2007. Vote Record - Resolution RES-2007-799 ? 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 2007-800 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Meeting 11/7/07 7:00 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Wednesday, November 7, 2007 at the Southold Town Hall, Southold, New York at 7:00 P. M.. Vote Record - Resolution RES-2007-800 ? 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 2007-801 CATEGORY: Attend Seminar Southold Town Meeting Agenda - October 23, 2007 Page 5 DEPARTMENT: Planning Board Grant Permission to Ken Edwards, Heather Lanza, Bruno Semon, Martin Sidor, Amy Thiel, and Anthony Trezza to Attend a Seminar on Planning Board Fundamentals In Central Islip on October 25, 2007 RESOLVEDgrants permission to Ken that the Town Board of the Town of Southold hereby Edwards, Heather Lanza, Bruno Semon, Martin Sidor, Amy Thiel, and Anthony Trezza to attend a seminar on Planning Board Fundamentals in Central Islip on October 25, 2007 . All expenses for registration and travel to be a legal charge to the 2007 Planning Budget (Meetings and Seminars). Vote Record - Resolution RES-2007-801 ? 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 2007-802 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Oysterponds Union Free School District to Hold Its Annual Halloween Parade on Wednesday, October 31, 2007 At 2:00 P.M. RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Oysterponds Union Free School District to hold its Annual Halloween Parade on Wednesday, October 31, 2007 at 2:00 P.M. beginning at the Oysterponds Elementary School to Village Lane to Orchard Street to Tabor Road and back to the school, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Captain Martin Flatley upon approval of this resolution to coordinate traffic control. Vote Record - Resolution RES-2007-802 ? 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 - October 23, 2007 Page 6 2007-803 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Cutchogue Fire Department to To Hold Its Annual Halloween Parade on Wednesday, October 31, 2007 At 6:00 P.M RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Cutchogue Fire Department to use the following roads for its Annual Halloween Parade on Wednesday, October 31, 2007 at 6:00 P.M : Depot Lane, Main Road, and New Suffolk Road, Cutchogue, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Captain Martin Flatley upon approval of this resolution to coordinate traffic control. Vote Record - Resolution RES-2007-803 ? 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 2007-804 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification - Police RESOLVEDmodifies the 2007 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.3120.2.300.100 Automobiles $5,616.41 To: A.3120.4.100.500 Motor Vehicle Tires $3,842.36 A.3120.4.100.700 Prisoner Food $1,774.05 Southold Town Meeting Agenda - October 23, 2007 Page 7 Vote Record - Resolution RES-2007-804 ? 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 2007-805 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification - Police RESOLVEDmodifies the 2007 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.3120.2.500.775 In Car Video/Computer/Rad $1,300.00 To: A.3120.2.500.850 Traffic Cones/Barricades $1,300.00 Vote Record - Resolution RES-2007-805 ? 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 2007-806 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Carol Hydell to Account Clerk Town Clerk RESOLVEDappoints Carol Hydell to that the Town Board of the Town of Southold hereby the position of an Account Clerk for the Town Clerk, effective November 1, 2007, at a rate of $35,226.39 per annum. Southold Town Meeting Agenda - October 23, 2007 Page 8 Vote Record - Resolution RES-2007-806 ? 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 2007-807 CATEGORY: Employment - FIFD DEPARTMENT: Accounting FIFD Mark Easter Title Change RESOLVEDappoints Mark Easter to that the Town Board of the Town of Southold hereby the position of Assistant Manager of Operations Fishers Island Ferry District for the , effective October 11, 2007, at a rate of $104,500.00 per year. Vote Record - Resolution RES-2007-807 ? 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 2007-808 CATEGORY: Budget Modification DEPARTMENT: Data Processing RPS Maintenance RESOLVEDmodifies the 2007 Data that the Town Board of the Town of Southold hereby Processing budget as follows: From: A.1680.4.400.560 GIS Maintenance $1500.00 To: A.1680.4.400.554 RPS Maintenance $1500.00 Southold Town Meeting Agenda - October 23, 2007 Page 9 Vote Record - Resolution RES-2007-808 ? 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 2007-809 CATEGORY: Budget Modification DEPARTMENT: Town Attorney Budget Modification RESOLVEDmodifies the 2007 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.1990.4.100.100 Contingencies $1,750.00 To: A.1420.4.500.200 Town Attorney, Legal Settlement $1,750.00 Vote Record - Resolution RES-2007-809 ? 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 2007-810 CATEGORY: Public Service DEPARTMENT: Town Clerk Authorize the Acceptance of Residential Leaves and Brush At the Southold Town Compost Facility, Free of Charge, for Four (4) Weeks In Connection with the Fall Cleanup for the Year 2007 Starting Saturday, November 10, 2007, Through Sunday, December 9, 2007 RESOLVEDauthorizes that the Town Board of the Town of Southold hereby the acceptance of residential leaves and brush at the Southold Town Compost facility, free of charge, for four (4) weeks in connection with the Southold Town Meeting Agenda - October 23, 2007 Page 10 Fall Cleanup for the year 2007 starting Saturday, November 10, 2007, through Sunday, December 9, 2007 ; and be it FURTHERRESOLVED that the Town Board hereby extends the waiver of such fees to commercial entities carrying leaves and brush from residential properties (within the Town only) during that period; and be it FURTHERRESOLVEDFall Cleanup will that the Highway Department commence on Monday, November 19, in LAUREL and end at ORIENT POINT; and be it FURTHER RESOLVED Fishers Island Fall Cleanup will also that the commence on Monday, November 19, 2007. Vote Record - Resolution RES-2007-810 ? 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 2007-811 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification - Police RESOLVEDmodifies the 2007 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: TO: A.3130.4.100.200 Gasoline & Oil $5,000.00 FROM: 1990.4.100.100 Contingency $5,000.00 Vote Record - Resolution RES-2007-811 ? 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 - October 23, 2007 Page 11 2007-812 CATEGORY: Budget DEPARTMENT: Accounting Transfer Animal Shelter Donations to Capital Fund RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the to transfer the Animal Shelter donations and accumulated interest Town Comptroller earnings on said donations from the Trust and Agency Fund to the Capital Fund for the construction of the Animal Shelter and to apply any interest amounts that are in addition to the interest amount already appropriated to reduce the borrowing for the construction of said Animal Shelter when it comes due on September 5, 2008. Vote Record - Resolution RES-2007-812 ? 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 2007-813 CATEGORY: Employment - Town DEPARTMENT: Human Resource Center Hiring PT Mini Bus Driver RESOLVEDappoints Patricia Sullivan that the Town Board of the Town of Southold hereby to the position of part time Mini Bus Driver for the Human Resource Center , effective October 24,2007, at a rate of $12.11 per hour. Vote Record - Resolution RES-2007-813 ? 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 2007-814 CATEGORY: Retirement/Resignation Southold Town Meeting Agenda - October 23, 2007 Page 12 DEPARTMENT: Town Clerk Accept, with Regret, the Resignation of Anthony Trezza, From the Position of Sr. Planner, In the Planning Department RESOLVEDaccepts, with regret, the that the Town Board of the Town of Southold hereby resignation of Anthony Trezza, from the position of Sr. Planner, in the Planning Department , effective as of the close of the work day on November 21, 2007. Vote Record - Resolution RES-2007-814 ? 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 2007-815 CATEGORY: Public Service DEPARTMENT: Town Clerk Waive the 30 Day Notification for the Renewal of a Liquor License to G & E Seafood Barge, Inc., RESOLVEDwaives the 30 Day that the Town Board of the Town of Southold hereby notification for the renewal of a liquor license to G & E Seafood Barge, Inc. , 62980 Main Road, Southold, New York. Vote Record - Resolution RES-2007-815 ? 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 2007-816 CATEGORY: Refund DEPARTMENT: Town Clerk PB Refund to Lloyd Kanev Subdivision Southold Town Meeting Agenda - October 23, 2007 Page 13 RESOLVED authorizes a refund of $500 that the Town Board of the Town of Southold hereby Planning Board application fee to the Lloyd Kanev Subdivision , SCTM 1000-21-1-30.1, as recommended by the Planning Department, due to an overpayment of final application fees Vote Record - Resolution RES-2007-816 ? 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 2007-817 CATEGORY: Grants DEPARTMENT: Community Development 2008 JAB Grant RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to sign the 2008 Individual Program Application(s) for the Southold Juvenile Aid Bureau, in the amount of $30,788 and the Southold Youth Bureau Program, in the amount of $17,500, funded in part by the NYS Office of Children and Family Services, all in accordance with Town Attorney approval. Vote Record - Resolution RES-2007-817 ? 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 2007-818 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute Agreement #C-006793 Between the Town of Southold and New York State Department of State RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute Agreement #C-006793 between the Town of Southold and New York State Department of State , in connection with the planning, design Southold Town Meeting Agenda - October 23, 2007 Page 14 and construction for 11 stormwater management projects, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2007-818 ? 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 2007-819 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Contract Documents for the Construction of Airfield Lighting for Elizabeth Field Airport, Fishers Island RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Contract documents for the construction of Airfield Lighting for Elizabeth Field Airport, Fishers Island , in connection with FAA AIP Project Nos. 3-36-0029-13-06 (D) and 3-36-0029-14-07 (C), subject to the approval of the Town Attorney. Vote Record - Resolution RES-2007-819 ? 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 2007-820 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Records Management Part-Time Clerk Typist RESOLVEDappoints Ellen Siliris to the that the Town Board of the Town of Southold hereby position of a Part-Time Clerk-Typist for the Records Management Department in the Town Clerk’s Office, effective October 25, 2007, at a rate of $11.84 per hour, not to exceed 17 ½ hours per week. Southold Town Meeting Agenda - October 23, 2007 Page 15 Vote Record - Resolution RES-2007-820 ? 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 2007-821 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes Supervisor Scott A. Russell And/Or Chief of Police Carlisle Cochran to Execute an Agreement to Provide Joint Services to Form a Marine Law Enforcement Task Force In the Peconic Estuary RESOLVEDauthorizes Supervisor , that the Town Board of the Town of Southold hereby Scott A. Russell and/or Chief of Police Carlisle Cochran to execute an Agreement to provide joint services to form a Marine Law Enforcement Task Force in the Peconic Estuary and the Townships of East Hampton, Shelter Island, Southampton, Southold and Riverhead. Vote Record - Resolution RES-2007-821 ? 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 2007-822 CATEGORY: Budget Modification DEPARTMENT: Trustees Budget Modification - Trustees RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby Whole Town 2007 budget as follows: TO: A.8090.2.200.400 Pump-Out Boat Equipment $1,500.00 Southold Town Meeting Agenda - October 23, 2007 Page 16 FROM: A.8090.4.100.550 Waterway Markers & Equipment $1,500.00 Vote Record - Resolution RES-2007-822 ? 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 2007-823 CATEGORY: Seqra DEPARTMENT: Town Attorney LL/Aircraft Over Limits SEQRA RESOLVED“A that the Town Board of the Town of Southold hereby finds that the proposed Local Law to Establish a Minimum Height for Operations of Aircraft Over Town Limits” 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 October 22, 2007, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith. Vote Record - Resolution RES-2007-823 ? 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 2007-824 CATEGORY: Seqra DEPARTMENT: Town Attorney LL/F.I. Sewer District Rent Type II RESOLVEDfinds that the adoption of that the Town Board of the Town of Southold hereby the local law entitled “A Local Law in relation to Fishers Island Sewer District Rent” is classified as a Type II Action pursuant to SEQRA Rules and Regulations , 6 NYCRR Section Southold Town Meeting Agenda - October 23, 2007 Page 17 617.5, is not subject to review under SEQRA, and is consist with the policy standards set forth in Chapter 268 of the Town Code of the Town of Southold, entitled Waterfront Consistency Review. Vote Record - Resolution RES-2007-824 ? 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 2007-825 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Special Meeting for Budget 2008 RESOLVED that a Special Town Board Meeting of the Southold Town Board be held, Thursday, October 25, 2007, at the Southold Town Hall, Southold, New York at 11:30 A. M., for the purpose of setting the Public Hearings for the 2008 Budget. Vote Record - Resolution RES-2007-825 ? 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 2007-826 CATEGORY: Misc. Public Hearing DEPARTMENT: Town Clerk Transfer Station PH 12/4 7:40 PM RESOLVEDsets Tuesday, December 4, that the Town Board of the Town of Southold hereby 2007, at 7:40 p.m. at the Southold Town Hall, 53095 Main Road, Southold, New York as the time and place to hold a public hearing on the application of Peconic Recycling and Transfer for operation of a Transfer Station , pursuant to Chapter 233, Solid Waste of the Code of the Town of Southold. Southold Town Meeting Agenda - October 23, 2007 Page 18 Vote Record - Resolution RES-2007-826 ? 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 2007-827 CATEGORY: Employment - Town DEPARTMENT: Accounting Employees Title Change RESOLVEDchanges the Civil Service that the Town Board of the Town of Southold hereby titles for the following Highway Department employees from Diesel Mechanic to Auto Mechanic III, effective October 23, 2007: Terry Pace George Rohrbach Randy Wells Vote Record - Resolution RES-2007-827 ? 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 2007-828 CATEGORY: Seqra DEPARTMENT: Town Attorney Cutchogue Fire District SEQRA Review RESOLVEDretains Nelson, Pope & that the Town Board of the Town of Southold hereby Voorhis, LLC to provide environmental consulting services regarding SEQRA compliance for the water main connection regarding the Cutchogue Fire District’s Cox Lane parcel, SCTM #1000-84-4-3 , pursuant to their Proposal dated October 18, 2007, in an amount not to exceed $1,000.00, subject to the approval of the Town Attorney. Southold Town Meeting Agenda - October 23, 2007 Page 19 Vote Record - Resolution RES-2007-828 ? 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 2007-829 CATEGORY: Committee Appointment DEPARTMENT: Town Attorney CAC Appointment RESOLVEDappoints Glen McNab as a that the Town Board of the Town of Southold hereby member of the Southold Town Conservation Advisory Council effective immediately through March 31, 2009 to fill an existing vacancy. Vote Record - Resolution RES-2007-829 ? 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 2007-830 CATEGORY: Landfill Misc. DEPARTMENT: Town Clerk Reduce Tipping Fees RESOLVEDreduces the tip fee on that the Town Board of the Town of Southold hereby Commercial waste to $95.00 per ton from the $130.00 per ton currently being charged at the Southold Town Transfer Station, effective January 1, 2008. Vote Record - Resolution RES-2007-830 ? 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 - October 23, 2007 Page 20 2007-831 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Accept Amy Theil Resignation RESOLVEDaccepts, with regret, the that the Town Board of the Town of Southold hereby resignation of Amy Theil, from her position as Senior Planner in the Southold Town Planning Department, effective December 1, 2007. Vote Record - Resolution RES-2007-831 ? 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 2007-832 CATEGORY: Planning DEPARTMENT: Town Attorney Adopt Greenport HALO Map WHEREAS the “Town of Southold Hamlet Study” was adopted by the Town Board of the Town of Southold on July 12, 2005 as an official Town planning document to be considered in the comprehensive planning process, and in implementing new legislation and Town programs; and WHEREAS the “HALO Map” contained therein for each hamlet has been reviewed, and in some cases revised, by the Planning Department, Planning Board and/or Town Board; and WHEREAS the revised and updated “HALO Map” will be used in planning for the future of each HALO and hamlet, and utilized in the creation of legislation and initiatives to further the principles and recommendations contained in the “Town of Southold Hamlet Study”; it is therefore Southold Town Meeting Agenda - October 23, 2007 Page 21 RESOLVEDadopts the HALO Map for that the Town Board of the Town of Southold hereby the hamlet of Greenport, dated July 17, 2007 . Vote Record - Resolution RES-2007-832 ? 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 2007-833 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk Amend Resolution 2007-792 Ph 12/4 7:35 RESOLVED amends resolution 2007- that the Town Board of the Town of Southold hereby 792, adopted at the October 9, 2007 regular Town Board meeting to read as follows: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 9th day of October, 2007 a Local Law entitled relation to Amendments to Chapter 275” 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 th th 4 day of December 2007 at 7:35 p.m . 20 of November, 2007 at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Amendments to Chapter 275” The proposed Local Law entitled, reads as follows: LOCAL LAW NO. 2007 “A Local Law in relation to Amendments to Chapter 275” A Local Law entitled, . Southold Town Meeting Agenda - October 23, 2007 Page 22 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, and to protect the natural protective areas existing within the Town, it is necessary to make certain amendments to Chapter 275. These amendments are intended to support the protection of environmental features within the Trustees’ jurisdiction, strengthen enforcement, simplify the permit process and clarify activities that may be conducted in protected areas. II. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: §275-2. Definitions; word usage. ACCESS PATH -- an area, cleared by hand or hand-held equipment, no more than 4 feet wide, left in its natural state and devoid of any manmade structure, to provide a walkway to a body of water. DOCK -- Any permanent or seasonal structure, except a building, located or proposed to be located on lands abutting or comprised of freshwater or tidal wetlands or connected to a bulkhead or the upland and extending over the water's surface, designed to secure vessels and provide access from the shore to a body of water. For the purpose of this chapter, this term shall also include the associated structures necessary to cross wetlands and adjacent natural areas. The term “dock” includes the terms “wharves,” “piers,” “fixed docks,” “floating docks,” or “floats”. or “catwalks.” FUNCTIONAL – Any structure that, in its current state, primarily retains its purpose and use as determined by the Board of Trustees. NONDISTURBANCE BUFFER – An A vegetated area, typically 50 feet wide a minimum of 30 feet wide as designated by the Board of Trustees, immediately landward of the wetland boundary, shoreline structure, or other line designated by the Trustees where no operations, maintenance, placement of signs or other activities can may take Southold Town Meeting Agenda - October 23, 2007 Page 23 place, except that manmade debris may be removed from such area by hand without the permission of the Board of Trustees. RESIDENTIAL DOCK -- Any catwalk, fixed dock and/or floating dock designed or constructed as a continuous unit to provide access to the surface waters from a lot that is zoned for residential use. The term "dock" shall include all associated structures such as ramps and mooring piles. §275-4. Exceptions. A. The provisions of this chapter shall not affect or prohibit nor require a permit for the following: (4) The ordinary and usual operations relative to residential horticulture within Trustees’ jurisdiction limited to the use of non-invasive native species of vegetation. Re-grading and removal of trees outside any designated buffer area are not included in this exception. landward of the wetland boundary. (5) The ordinary and usual maintenance or repair (of the same dimensions) of a presently permitted by this chapter, existing and functioning building, dock, pier, wharf, jetty, groin, dike, dam or other water-control device or structure. (10) Installation of new or replacement windows, roof shingles, doors, dormers and siding on existing structures only. (11) Notwithstanding the above listed exceptions, activity within a designated non- disturbance buffer is prohibited. B. Nothing contained in this section shall alter the jurisdiction of the Southold Town Board of Trustees. These listed exceptions do not provide an exemption from the requirements of other departments or agencies. §275-5. Permit procedures. B. Administrative permit. (2) The following operations will be considered for administrative review: (j) The reconstruction of a permitted bulkhead as per §275-11, which is to Southold Town Meeting Agenda - October 23, 2007 Page 24 replace an existing functional bulkhead, subject to the following: [3] Any such activities shall require the addition of a nonturf pervious buffer area. not to exceed 20 feet wide as defined in §275-2. (l) Minor restoration or alterations of landscaping. (m) Decks. (n) Minor alterations to existing permitted shoreline structures including stairs, bulkheads and docks. (o) Installation or burial of a residential propane/liquid gas tank 25 feet from wetlands in an existing, established yard area when more appropriate upland placement is not possible. Installation, burial or removal of a propane tank less than 25 feet from wetlands is generally prohibited. (p) Dredging work caused by the accumulation of silt from run-off or other circumstances not the result of activity by or on behalf of the owner of the property and in event at the discretion of the Board of Trustees. §275-7. Fees. F. Dredging Fee. Every application for a permit for dredging within Town-owned underwater lands shall include a fee as set by the Town Board based on the amount of cubic yard of dredge spoil to be removed. §275-10. Contents of permit. L. A statement that “The permittee is required to conspicuously post the permit and have the supporting plans available for immediate inspection at the worksite at the commencement of work until which time the project is completed.” §275-11. Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (4) Fences. In general, fences are prohibited from beaches and wetland areas. Any Southold Town Meeting Agenda - October 23, 2007 Page 25 fence, barricade or impediment to pedestrian traffic on the beach or wetland area in violation of the provisions of this chapter shall be removed upon written notice to the owner of the premises upon which such fence, barricade or impediment is located sent by certified or registered mail. Such fence, barricade or impediment shall be removed by the owner within 30 days of the date of the notice. Upon failure to comply with such notice, the Building Inspector, Code Enforcement Officer or Bay Constable may remove or cause the removal of the illegal structure. If any fence, barricade or impediment is determined by the Building Inspector, Code Enforcement Officer or Bay Constable to create a hazard to the health, safety or welfare of the public, such structure may be removed and disposed of by the Town without prior notice to the owner. Upon removal by the Town, all costs and expenses incurred by the Town for the removal of such fence, barricade or impediment shall be the responsibility of the owner. The Town may pursue any and all remedies available at law to recover any unpaid costs associated with removal, including filing a statement with the Town Assessors, identifying the property in connection with which such expenses were incurred and the owner thereof as shown on the latest assessment roll of the Town. The Assessors, in preparation of the next assessment roll, shall assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalty as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. A fence may be permitted if the applicant has demonstrated a special need. Upon such a finding by the Trustees the fence must be split-rail, perpendicular to the waterline and not closer than 10 feet to MHW. Only one posted sign per 100 linear feet of fence is allowed, no larger than 12 inches by 12 inches square. (9) Pumping of Town-owned freshwater wetlands for irrigation purposes shall be prohibited. (10) Access paths. A permit for only one path shall be granted per lot for the purposes Southold Town Meeting Agenda - October 23, 2007 Page 26 of shoreline access unless otherwise determined by the Board of Trustees. B. Shoreline structures. The following standards are required for all operations relating to shoreline structures on residential properties. Operations conducted on properties zoned M1 or M2 may be given greater flexibility in these requirements given the water- dependent nature of their use. (1) Bulkheads, retaining walls, revetments and gabions. (f) In order to prevent the release of metals and other contaminants into the wetlands and waters of Southold, the use of lumber pre-treated with any preservative, including but not limited to chromated copper arsenate (also known as "CCA"), creosote, penta products, Alkaline Copper Quat (ACQ), or homemade wood preservatives is prohibited for use in sheathing and decking on structures in the wetlands as well as on any part of a structure in low tidal flow wetland areas as determined by the Trustees. Any use of creosote is prohibited. Preservatives of any type, including but not limited to those listed above cannot be applied to any bulkheads, retaining walls or revetments after installation. Encapsulated pilings or native nonchemically treated (untreated) lumber only should be used in sensitive areas. (l) Lighting: Any and all lights associated with bulkheads, retaining walls, stairs or poles in Trustee jurisdiction must be directed on the subject structure and not out into the adjacent wetland, waterway or property. Lights shall not be on unless the waterfront is in active use. C. In water. The following standards are required for all in-water operations adjacent to residential properties. Operations conducted on properties zoned M1 or M2 may be given greater flexibility in these requirements given the water-dependent nature of their use. (2) Docks. (a) [3] In order to prevent the release of metals and other contaminants Southold Town Meeting Agenda - October 23, 2007 Page 27 into the wetlands and waters of Southold, the use of lumber pre- treated with any preservative, including but not limited to chromated copper arsenate (also known as "CCA"), commercial copper quat (CCQ), creosote, penta products, Alkaline Copper Quat (ACQ), or homemade wood preservatives is prohibited for use in sheathing and decking on structures in the wetlands as well as on any part of a structure in low tidal flow wetland areas as determined by the Trustees. The use of creosote is prohibited. Similarly, the The use of tropical hardwoods is prohibited unless it is certified by the Forest Stewardship Council or similar organization. Materials used for structural components shall be determined at the discretion of the Trustees. (b) Dock locations and lengths. [3] [a] Given the unique and sensitive natural environmental characteristics described in the Town of Southold Local Waterfront Revitalization Plan and the New York State Department of State Significant Habitat descriptions, No new docks will be permitted, over vegetated wetlands or such that it causes habitat fragmentation of vegetated wetlands in the following areas: Downs Creek, Hallocks Bay, Hashamomuck Creek and Pond, Long Creek (branch of Mattituck Creek, East of Grand Avenue bridge), Pipe’s Cove Creek and West Creek. [3] [d] No floating docks, floats, dock components, duck blinds or boats shall be stored on tidal wetlands, other intertidal areas or freshwater wetlands, except that floats 20 feet in length or smaller and boats 16 feet in length or smaller may be stored above mean high tide, on blocks at a minimum of 12” above grade, during the period beginning November 1 Southold Town Meeting Agenda - October 23, 2007 Page 28 through May 1. (c) Regulations for the placement and configuration of docking facilities. [1] Residential docks. [a] Only one dock, catwalk may be permitted per residential lot. Only one mooring or dock may be mooring is permitted per residential lot. Upon a showing of special need due to low water level and hazard to property, the Trustees may permit both a mooring and a dock for the same residential property. [b] If any part of a residential dock structure includes a float or floating dock, the float or floating dock portion shall be designed so that, with the exception of the pilings: [i] It is no larger than six feet wide and 20 feet long except on Fishers Island if the need is demonstrated; or of equal square footage as determined by the Trustees; (3) Dredging. (a) Creeks. [1] Only maintenance dredging (as defined in §275-2) only is permitted, unless the applicant owns underwater land or the applicant is requesting permission to dredge in connection with installation of low-sill bulkheads. All maintenance dredging permits shall be valid for a period no greater than 10 years. (c) All dredging applications must demonstrate a specific location for the deposit of dredging material. §275-16. Compliance requirements; penalties for offenses. B. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto, or failure to comply with a written notice or order of any Director of Code Enforcement or Bay Constable within the time fixed for compliance therewith, the Southold Town Meeting Agenda - October 23, 2007 Page 29 owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Director of Code Enforcement or Bay Constable shall be subject to the following fine schedule. Each day on which such violation occurs shall constitute a separate, additional offense. (2) Failure to comply with the terms of a permit. (a) Any person failing to comply with the terms of a permit shall be subject to a fine of not less than $500 and not more than $1,000. $4,000 For each subsequent offense, the violator shall be guilty of a misdemeanor punishable by a fine not less than $1,000 nor more than $2,000 $7,500 or a term of imprisonment of not less than 15 days nor more than six months, or both. (b) Any person failing to comply with posting the permit and/or the requirement for supporting plans to be available for immediate inspection pursuant to §275-10 shall be subject to a fine of not more than $1,000. (4) Restoration. In lieu or in addition to these punishments, any offender may be punished by being ordered to restore the affected wetland to its condition prior to the offense. Any such order shall specify a reasonable time for the completion of such restoration, which shall be effected under the supervision of the approving authority. The Trustees reserve the right to require specific replanting and restoration methods including specific survivability and success criteria. (5) Failure to comply with a restoration plan. Any person failing to comply with the terms of a mandated restoration plan as detailed in subsection 4 of this section within the proscribed period of time for completion shall be guilty of an offense and subject to a fine of not less than $1,000 and not more than $4,000. (5)(6) Mitigation. When on-site wetlands restoration and creation may be unfeasible due to technical or other constraints, other mitigative measures, such as off-site wetland restoration or creation, may be required. C. The Trustees may revoke a permit when a violation of this Chapter or Chapter 111 is found on the same property. No new permits will be issued to any carter, owner, Southold Town Meeting Agenda - October 23, 2007 Page 30 occupant, builder, architect, contractor or their agents if they are a named as defendants in an outstanding or unresolved wetland violation.violation of Chapter 275 Wetlands and Shoreline or Chapter 111 Coastal Erosion Hazard Areas. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. APPLICABILITY AND EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law Vote Record - Resolution RES-2007-833 ? 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 2007-834 CATEGORY: Seqra DEPARTMENT: Town Attorney BCI Communications Type II SEQRA RESOLVEDfinds that the application that the Town Board of the Town of Southold hereby of BCI Communications Inc. for a waiver of the local law entitled “Temporary Moratorium on the Processing, Review of, and making decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold” is classified as a Type II Action pursuant to SEQRA Rules and Regulations , 6 NYCRR Section 617.5, is not subject to review under SEQRA, and is exempt from review under Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Southold Town Meeting Agenda - October 23, 2007 Page 31 Vote Record - Resolution RES-2007-834 ? 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 2007-835 CATEGORY: Appeals DEPARTMENT: Town Attorney BCI Communications Waiver/Cell Tower WHEREAS , an application has been made by BCI Communications Inc. for a waiver from the provisions of Local Law No. 16 of 2007 entitled “Temporary Moratorium on the Processing, Review of, and making decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communications Facilities in the Town of Southold” pursuant to Section 6 “Appeal Procedures” of Local Law No. 16 of 2007 to permit the Building Inspector and/or other Town agencies to consider an application to swap antennas in place and to add an equipment cabinet within an existing shelter on the wireless communications existing at 21855 County Route 48, Cutchogue, New York; and WHEREAS , the application involves in-kind, in-place maintenance activity relating to an existing wireless communications facility; and WHEREAS , the Town Board has reviewed the file, conducted a public hearing and considered all pertinent documents; and WHEREAS , the criteria that the applicant must meet is set forth in Section 6 (Appeal Procedures) of Local Law No. 16 of 2007, which states: “Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law if, in its legislative discretion, upon its determination, the variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such request, the Town Board must find that a variance or waiver will not adversely affect the purpose of this Local Law, the health, safety or welfare of the Town of Southold Town Meeting Agenda - October 23, 2007 Page 32 Southold, or any comprehensive planning efforts being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property, the range of business opportunities in the vicinity of the property and the surrounding hamlet, the rural, cultural, historic and business character of the hamlet, and the impact of the variance or waiver on the open and recreational space, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code.” WHEREAS , the Town Board finds that a grant of waiver will not adversely affect the public purpose of the Local Law, the health and safety of the Town, or the comprehensive planning efforts being undertaken on these matters; and WHEREAS , the Town Board finds that the grant of waiver is not in conflict with the surrounding uses in the vicinity of the property, the range of business opportunities in the vicinity of the property and the surrounding hamlet, the open recreational space or transportation infrastructure of the Town; and WHEREAS , the Town Board finds that the intent and purpose of the Local Law would not be served by prohibiting the in-kind, in-place maintenance of an existing wireless communications facility; and WHEREAS , the Town Board finds that prohibiting the in-kind, in-place maintenance of an existing facility would work an undue and unnecessarily extraordinary hardship on the applicant, the existing facility and the parcel of property; and WHEREAS , the Town Board finds the applicant has met its burden under the Appeal Procedures of the Local Law; and WHEREAS , the Town Board finds this application to be exempt from review under Chapter 268 of the Town Code, Waterfront Consistency Review; now therefor be it RESOLVEDapproves the application of by the Town Board of the Town of Southold hereby BCI Communications Inc. is hereby approved upon the condition that any and all Town Southold Town Meeting Agenda - October 23, 2007 Page 33 fees outstanding in relation to the parcel be satisfied before this waiver shall become effective. Vote Record - Resolution RES-2007-835 ? 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 2007-836 CATEGORY: Enact Local Law DEPARTMENT: Town Attorney Enact LL In Aircraft 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” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed “A Local Law to Establish a Minimum Height for Operations of Local Law entitled, Aircraft Over Town Limits” which reads as follows: LOCAL LAW NO. 21 of 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. Southold Town Meeting Agenda - October 23, 2007 Page 34 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 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. Southold Town Meeting Agenda - October 23, 2007 Page 35 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-2007-836 ? 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 2007-837 CATEGORY: Enact Local Law DEPARTMENT: Town Attorney Enact LL FISD WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 25th day of September, 2007 a Local Law entitled relation to Fishers Island Sewer District Rent” AND WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed “A Local Law in relation to the Fishers Island Sewer District Rent” Local Law entitled, reads as follows: LOCAL LAW NO. 22 of 2007 “A Local Law in Relation to the Fishers Island Sewer District Rent” A Local Law entitled, . BE IT ENACTED , by the Town Board of the Town of Southold as follows: I. Chapter 215 (Sewers and Sewage Disposal) of the Code of the Town of Southold is hereby amended as follows: Southold Town Meeting Agenda - October 23, 2007 Page 36 1. Section 215-49 is hereby amended to read as follows A. In addition to any and all other fees and charges provided by law, the owner of a parcel of land served by the sanitary sewer system of the FISD shall pay an annual sewer rent for the use of such sanitary sewer system, which shall be based upon an annual charge of three hundred dollars four hundred fifty dollars ($450) ($300) for each separate dwelling unit served by the system. Such annual sewer rents shall be paid in two hundred semiannual installments of one hundred fifty dollars ($150) twenty-five dollars ($225) on the first day of January and June of each year. II. This Local Law shall take effect upon its filing with the Secretary of State Vote Record - Resolution RES-2007-837 ? 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. Set PH Aircraft 10/23 7:35 3. Set 7:40 PM October 23, 2007, Southold Town Hall, 53095 Main Road, Southold, New York 11971, As the Time and Place for a Public Hearing to Hear Citizens Views on Local Housing and Community Development Needs for 2008 4. FISD Rent PH 10/23/07 @ 7:45 PM Southold Town Meeting Agenda - October 23, 2007 Page 37 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. * * * * * Elizabeth A. Neville Southold Town Clerk