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