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Home My WebLink AboutAG-12/01/2009 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 FINAL AGENDA SOUTHOLD TOWN BOARD December 1, 2009 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. CALL TO ORDER 7:30 PM Meeting called to order on December 1, 2009 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrival ??? Councilman William Ruland ??? Councilman Vincent Orlando ??? Councilman Albert Krupski Jr. ??? Councilman Thomas H. Wickham ??? Justice Louisa P. Evans ??? Supervisor Scott Russell ??? Town Clerk Elizabeth A Neville ??? Town Attorney Martin D Finnegan I. REPORTS 1. Island Group Employee Health Care Plan Claim Lag Report - October 2. Recreation Department October 2009 3. Justice Price Monthly Report October 2009 4. Justice Evans Monthly Report October 2009 Southold Town Meeting Agenda - December 1, 2009 Page 2 5. Budget Report Month ended October 31, 2009 II. PUBLIC NOTICES III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 A.M. - EXECUTIVE SESSION - Leslie Wiesman, Gerry Goehringer Employment of Particular person in the ZBA office 2. 9:30 A.M. - EXECUTIVE SESSION - Peter Harris Employment Retirement Incentives 3. Letter of Support for Route 48 Project 4. 10:00 A.M. - Jim McMahon Dredging of Goldsmith Inlet 5. 10:15 A.M. - Jim McMahon Bittner Preserve Demolition Project 6. 10:30 A.M. - Jamie Richter Invoice/New Suffolk Boat Ramp 7. MSW Shipping 8. Bagging System Bids & Decisions 9. Screener Bids 10. SCWA Update 11. Dark Skies Legislation 12. CAC Vacancy 13. Executive Session - Litigation Update on East End v. DEC re:Saltwater fishing licenses 14. EXECUTIVE SESSION - Litigation Southold Town Meeting Agenda - December 1, 2009 Page 3 Update on Edson MINUTES APPROVAL RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Thursday, October 15, 2009 ? Vote Record - Acceptance of Minutes for October 15, 2009 6:00 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland ???????? Vincent Orlando ? Accepted ?????????? Accepted as Amended Albert Krupski Jr. ?? Tabled ???????? Thomas H. Wickham ???????? Louisa P. Evans ???????? Scott Russell RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Friday, October 17, 2008 ? Vote Record - Acceptance of Minutes for October 17, 2008 3:00 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland ???????? Vincent Orlando ? Accepted ?????????? Accepted as Amended Albert Krupski Jr. ?? Tabled ???????? Thomas H. Wickham ???????? Louisa P. Evans ???????? Scott Russell RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, October 20, 2009 ? Vote Record - Acceptance of Minutes for October 20, 2009 4:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland ???????? ? Vincent Orlando Accepted ?????????? Accepted as Amended Albert Krupski Jr. ?? Tabled ???????? Thomas H. Wickham ???????? Louisa P. Evans ???????? Scott Russell RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Wednesday, November 04, 2009 ? Vote Record - Acceptance of Minutes for November 4, 2009 4:00 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland ???????? ? Vincent Orlando Accepted ?????????? Accepted as Amended Albert Krupski Jr. ?? Tabled ???????? Thomas H. Wickham ???????? Louisa P. Evans ???????? Scott Russell RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Wednesday, November 04, 2009 Southold Town Meeting Agenda - December 1, 2009 Page 4 ? Vote Record - Acceptance of Minutes for November 4, 2009 7:00 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland ???????? Vincent Orlando ? Accepted ?????????? Accepted as Amended Albert Krupski Jr. ?? Tabled ???????? Thomas H. Wickham ???????? Louisa P. Evans ???????? Scott Russell V. RESOLUTIONS 2009-913 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit 12/1/09 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby December 1, 2009. ? Vote Record - Resolution RES-2009-913 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-914 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Meeting 12/15/09 4:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, December 15, 2009 at the Southold Town Hall, Southold, New York at 4:30 P. M.. ? Vote Record - Resolution RES-2009-914 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded Southold Town Meeting Agenda - December 1, 2009 Page 5 2009-915 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification - Police Fiscal Impact: To cover unanticipated overtime earnings due to staffing shortages RESOLVEDmodifies the 2009 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.3120.1.100.300 Vacation Earnings $50,000.00 To: A.3120.1.100.200 Overtime Earnings $50,000.00 ? Vote Record - Resolution RES-2009-915 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-916 CATEGORY: Budget Modification DEPARTMENT: Accounting Rescind Budget Modification 2009-246 Fiscal Impact: This grant from US Fish and Wildlife Service was to have been used for improvements to the Town's boat ramp on Mattituck Inlet. After establishment of the project budget, the Town agreed that we could not execute the project as envisioned by Lillian Ball (mostly because of the Town's procurement procedures and State law concerning procurement), so the grant was allocated to another group to accomplish the project. WHEREAS the Town of Southold has administratively reallocated the grant from the National Fish and Wildlife Foundation for the Mattituck Inlet Stormwater Mitigation project (NY) #2008- 0065-020 to an agency that has subsequently completed the project, now therefore be it Southold Town Meeting Agenda - December 1, 2009 Page 6 RESOLVEDrescinds resolution no. that the Town Board of the Town of Southold hereby 2009-246 adopted on March 24, 2009. Note: The text of resolution no. 2009-246 read as follows: WHEREAS the Town of Southold has received notice of a $40,000 grant award from the National Fish and Wildlife Foundation for the Mattituck Inlet Stormwater Mitigation project (NY) #2008-0065-020, and WHEREAS the Town Board of the Town of Southold has determined that the financial activity for this project should be reported in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Project in the 2009 Capital Fund: Capital Project Name: Mattituck Inlet Stormwater Mitigation (NY) #2008- 0065-020 Financing Method: Capital Grant from National Fish and Wildlife Foundation Budget: Revenues: H.4097.00 Capital Grant, Federal Government US Fish and Wildlife Service/EPA $40,000 Appropriations: H.8540.2.100.200 Stormwater Mitigation Capital Outlay Mattituck Inlet Stormwater Mitigation $40,000 ? Vote Record - Resolution RES-2009-916 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-917 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Recreation Hire 2010 Winter Recreation Program Instructors RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an agreement with the following individuals and Southold Town Meeting Agenda - December 1, 2009 Page 7 businesses for the winter 2010 recreation programs, all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the recreation department's 2010 instructor line A7020.4.500.420. Antoinette Beck-Witt (drawing class)...........................................$30/hour Thomas Boucher (guitar)............................................................. $30/hour Eugenia Cherouski (folk dancing)............................................... $30/hour Paula Croteau (cooking & baking classes)……………….…… $30/hour Mary Dempsey (English as a second language).......................... $30/hour Lenora Dome (belly dancing).................................................... $30/hour Martha Eagle (Aerobics/Pilates/Yoga/Power Stretching)........... $30/hour Linda Eckert (sewing)………...................................................... $30/hour East End Insurance Services (Defensive Driving)..................... $30/person Kathy Gadomski (Youth Night Program)…………………… $30/hour Tom Gadomski (Youth Night Program)……………………… $30/hour Bill Gatz (Youth Basketball Program)………………………… $30/hour Denise Gillies (Tai Chi)……………..…..………………….… $30/hour Brian Hansen (Talking Baseball Program) …………………… $30/hour Christine Henson Thorp (Crochet Class)……………………… $30/hour Gail Horton (rug hooking)………………..………………….… $30/hour Dawn Ivans (handmade greeting cards)……..………….. ……. $30/hour Rosemary Martilotta (yoga classes)……………………………. $55/class Judy McCleery (Digital Photography)………………………… $30/hour Cynthia Mignone (Youth Night Program)……..………….. …...$30/hour Darren Mignone (Hula Hoop Fitness Program)……………….. $30/hour Riverside Gymnastics (gymnastics program)….………….. ….. $50/person Connie Rosnack (Youth Night Program)……..…………………$30/hour Elizabeth Schaeffler (Stained Glass Workshop)………. ….. ... $30/hour Candice Schott (Youth Night Program)……..…………………..$30/hour Megan Schutt (Youth Night Program)……..……………………$30/hour Laurie Short (aerobics classes)................................................... $30/hour Steve Smith (Weight Training).....................................................$30/hour Jocelyn Suglia (Youth Basketball Program)…………..……….. $30/hour Barbara Terranova (nature walks)……………..………………..$30/hour Angela Tondo (Mommy & Me)................................................... $30/hour Touch Dancing Studios (ballroom dancing)…………………… $65/person Maria Trupia (wreathmaking)..................................................... $30/hour Kendra Wadlington (beginner computer)................................... $30/hour ? Vote Record - Resolution RES-2009-917 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded Southold Town Meeting Agenda - December 1, 2009 Page 8 2009-918 CATEGORY: Bid Acceptance DEPARTMENT: Police Dept Accept the Bid of Hoppy’s Cleaners to Clean Southold Town Police Uniforms RESOLVED accepts the bid of Hoppy’s that the Town Board of the Town of Southold hereby Cleaners to clean Southold Town Police Uniforms for calendar year 2010 in the amounts indicated on the bid submitted, all in accordance with the Town Attorney. ? Vote Record - Resolution RES-2009-918 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-919 CATEGORY: Bid Acceptance DEPARTMENT: Police Dept Accept the Bid of Charles Greenblatt, Inc. to Supply the Town with Police Uniforms for 2010 RESOLVED accepts the bid of Charles that the Town Board of the Town of Southold hereby Greenblatt, Inc. to supply the town with Police Uniforms for 2010 in the amounts indicated on the bid submitted, all in accordance with the Town Attorney. ? Vote Record - Resolution RES-2009-919 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-920 CATEGORY: Misc. Public Hearing DEPARTMENT: Community Development Set December 15, 2009 at 4:35 PM, Southold Town Hall, 53095 Main Road, Southold, New York 11971, as the Time and Place for a Public Hearing on Proposed Amendments to the Community Development Block Grant Program Budgets for the 2007, 2008 and 200 Budgets Southold Town Meeting Agenda - December 1, 2009 Page 9 Fiscal Impact: Transfer Community Development Block Grant funds from the Southold Recreation Center Renovation into the Peconic Lane Community Center Project RESOLVEDhereby sets December 15, 2009 at that the Town Board of the Town of Southold 4:35 PM, Southold Town Hall, 53095 Main Road, Southold, New York 11971, as the time and place for a Public Hearing on proposed amendments to the Community Development Block Grant Program Budgets for the 2007, 2008 and 2009 budgets and authorizes Town Clerk Elizabeth Neville to publish an “Announcement of Public Hearing Notice” at which time all interested persons will be given an opportunity to be heard. ? Vote Record - Resolution RES-2009-920 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-921 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Christine Foster to Secretarial Assistant RESOLVEDappoints Christine Foster that the Town Board of the Town of Southold hereby to the position of a Secretarial Assistant for the Accounting Department effective December 1, 2009, at a rate of $54,129.05 per annum. ? Vote Record - Resolution RES-2009-921 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-922 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Public Works Laurel Lake Grant - NYS Parks, EPF Funded Project Fiscal Impact: Southold Town Meeting Agenda - December 1, 2009 Page 10 None RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute Appendix X to Contract #C540328 between the Town of Southold and the New York State Office of Parks, Recreation and Historic Preservation in connection with the Laurel Lake Preservation and Trail Plan project, which document extends the completion date from December 31, 2009 to December 31, 2010, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-922 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-923 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Mods Fiscal Impact: Grinder Parts re: replacement of main hydraulic pump - could not be re-built; Grinder contracted repairs re: 2 site visits over summer to troubleshoot and repair unexplained shutdown problem, bills received recently; Computer software re: development of new report to reflect accounts receivable as per revised budget revenue breakdown; E-waste re: increased volume, subject to 50% reimbursement by NYSDEC. RESOLVEDmodifies the 2009 that the Town Board of the Town of Southold hereby Solid Waste Management District budget as follows: From: SR 8160.4.100.200 (Diesel Fuel) $ 7,750.00 SR 8160.4.400.680 (Trailer Fleet Repairs) $ 4,000.00 Total $11,750.00 To: Southold Town Meeting Agenda - December 1, 2009 Page 11 SR 8160.4.100.210 (Propane Fuel – Forklift) $ 250.00 SR 8160.4.100.596 (CBI Grinder Supplies) $ 4,000.00 SR 8160.4.400.675 (CBI Grinder Repairs – Contracted) $ 4,000.00 SR 8160.4.400.250 (Computer Software Support) $ 1,500.00 SR 8160.4.400.860 (E-Waste Removal) $ 2,000.00 Total $11,750.00 ? Vote Record - Resolution RES-2009-923 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-924 CATEGORY: Surplus Equipment DEPARTMENT: Solid Waste Management District Bid on Surplus Screening Plant RESOLVED rejects all bids received for that the Town Board of the Town of Southold hereby the Re-Tech Screening Plant owned by the Solid Waste Management District. ? Vote Record - Resolution RES-2009-924 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-925 CATEGORY: Authorize to Bid DEPARTMENT: Solid Waste Management District SWMD Service Re-Bids RESOLVEDhereby rejects any and all bids that the Town Board of the Town of Southold received for scrap tire removal from the Cutchogue Transfer Station in 2010 and further, also hereby authorizes and directs the Town Clerk to re-advertise for such bids. Southold Town Meeting Agenda - December 1, 2009 Page 12 ? Vote Record - Resolution RES-2009-925 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-926 CATEGORY: Authorize to Bid DEPARTMENT: Solid Waste Management District SWMD Leaf Bag, Lubricants Re-Bid WHEREAS no bids were received in response to the solicitations for lubricants and leaf bags RESOLVEDauthorizes for 2010, it is hereby that the Town Board of the Town of Southold and directs the Town Clerk to re-advertise for same. ? Vote Record - Resolution RES-2009-926 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-927 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Accounting Engage Albrecht, Viggiano, Zureck & Co. - 2009 & 2010 Audits Fiscal Impact: Engagement letter for the 2009 financial audit ($68,000), Justice Court Audit ($5,000), 2010 financial audit ($70,000, Justice Court Audit ($5,000). For 2009, this is a $3000 increase from the current year. RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott Russell to execute an engagement letter with Albrecht, Viggiano, Zureck and Company, P.C. in connection with the Fiscal Year 2009 and Fiscal Year 2010 Single Audits of the Town of Southold and audits of the Southold Town Justice Court as required by the New York State Office of Court Administration, at a fee not to exceed $73,000 for the 2009 Southold Town Meeting Agenda - December 1, 2009 Page 13 audit and $75,000 for the 2010 audit, which shall be a legal charge to the General Fund Whole Town Independent Auditing and Accounting Budget (A.1320.4.500.300), all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-927 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-928 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Mattituck-Cutchogue Cub and Girl Scouts to Close Love Lane, Mattituck Between Route 25 and Pike Street for Their Annual Tree Trimming and Holiday Celebration, on Saturday, December 13, 2009 from 3:00 PM to 5:00 PM Fiscal Impact: Total Police Department Cost for Event = $121.76 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Mattituck-Cutchogue Cub and Girl Scouts to close Love Lane, Mattituck between Route 25 and Pike Street for their annual tree trimming and holiday celebration, on Saturday, December 13, 2009 from 3:00 PM to 5:00 PM , provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2009-928 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded Southold Town Meeting Agenda - December 1, 2009 Page 14 2009-929 CATEGORY: Budget Modification DEPARTMENT: Highway Department Budget Modification 2009 - Highway Fiscal Impact: The reason for these budget modifications is due to the fact that the line items would otherwise be under- funded. The transfer to DB.5130.2.300.100 is needed in order to increase this line item in order to purchase a used pickup truck. RESOLVEDmodifies the 2009 Highway that the Town Board of the Town of Southold hereby Fund Part Town budget as follows : To: DB.5110.4.100.905 General Repairs Contractual Expense Supplies & Materials Asphalt Patch $ 7,000.00 DB.5130.2.300.100 Machinery Equipment & Capital Outlay Motor Vehicles Light Duty $1,100.00 TOTAL: $8,100.00 From : DB.5110.4.100.900 General Repairs Contractual Expense Supplies & Materials Resurfacing Projects $7,000.00 DB.5142.2.400.200 Snow Removal Equipment Industrial Equipment Snow Equipment $1,100.00 TOTAL: $8,100.00 ? Vote Record - Resolution RES-2009-929 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-930 CATEGORY: Budget Modification Southold Town Meeting Agenda - December 1, 2009 Page 15 DEPARTMENT: Human Resource Center HRC Budget Mod Vehicle Maint Fiscal Impact: To redistribute allocated budgeted funds to another account. RESOLVEDmodifies the 2009 that the Town Board of the Town of Southold hereby Human Resource Center General Fund Whole Town budget as follows: From: Appropriations; Programs for the Aging Contractual Expense Contracted Services A.6772.4.400.300 Printing $400.00 A.6772.4.400.600 Equipment Maint & Repair $900.00 Miscellaneous A.6772.4.600.100 Advertising $425.00 A.6772.4.600.300 Travel $475.00 A.6772.4.600.500 Seminars and Training $1000.00 Total: ($3200.00) To: Appropriations: Programs for the Aging Contractual Expense Contracted Services A.6772.4.400.650 Vehicle Maint. & Repair $3200.00 Total: ($3200.00) ? Vote Record - Resolution RES-2009-930 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-931 Southold Town Meeting Agenda - December 1, 2009 Page 16 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Accept the Resignation of Jeanine Warns and Appoint Andrea Nydegger to the Youth Bureau Board RESOLVED accepts the resignation of that the Town Board of the Town of Southold hereby Jeanine Warns and be it FURTHER RESOLVEDappoints that the Town Board of the Town of Southold hereby Andrea Nydegger to the Youth Bureau Board to fill the vacancy, effective immediately through March 31, 2011. ? Vote Record - Resolution RES-2009-931 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-932 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Purchase Used Pick Up RESOLVEDgrants permission to that the Town Board of the Town of Southold hereby Superintendent of Highways, Peter W. Harris, to purchase one (1) used 2002, Chevrolet four-wheel drive Pickup Truck, for use by the Southold Town Highway Department, in the amount of $7,800.00, subject to approval of the Town Attorney, and that the appropriation line to be charged is Highway Fund Part-Town Machinery (Light Duty) equipment line DB.5130.2.300.100. ? Vote Record - Resolution RES-2009-932 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded Southold Town Meeting Agenda - December 1, 2009 Page 17 2009-933 CATEGORY: Budget Modification DEPARTMENT: Accounting Amend Resolution 2009-892 Fiscal Impact: This resolution must be amended as we cannot move funds from the General Fund Whole Town to Fishers Island Sewer District. In addition, the original resolution included the incorrect fund designation. RESOLVEDamends resolution no. that the Town Board of the Town of Southold hereby 2009-892 to read as follows: RESOLVED hereby modifies the 2009 General that the Town Board of the Town of Southold Fund, Whole Town budget, as follows: From: A.1620.4.100.100 Buildings & Grounds C.E. $450.00 Supplies & Materials Miscellaneous To: A.1620.4.600.700 Buildings & Grounds C.E. $450.00 Miscellaneous Licenses & Permits ? Vote Record - Resolution RES-2009-933 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-934 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Contract Change Order Municity General Code Publishers Fiscal Impact: Zero cost of software. Maintenance cost of $1,500. to be added to second year maintenance fee. RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Southold Town Meeting Agenda - December 1, 2009 Page 18 Supervisor Scott A. Russell to execute and authorizes him to sign a change order to the agreement between the Town of Southold and General Code Publishers Corporation in connection with the Municity Contract in the amount of $1,500.00 for the term October 2009 through October 2010, to be added to second year maintenance fee in 2011, in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-934 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-935 CATEGORY: Public Service DEPARTMENT: Town Attorney Mattituck Route 25 Corridor Study WHEREAS , the Town Board of the Town of Southold has recognized the need to prepare a Mattituck Route 25 Corridor Study for the area located on Route 25 in the Hamlet of Mattituck, bounded by the Laurel train station and Wickham Avenue to analyze the cumulative impact of present and potential future development within this defined area; and it is therefore RESOLVEDdirects the Planning that the Town Board of the Town of Southold hereby Department to prepare a Mattituck Route 25 Corridor Study. ? Vote Record - Resolution RES-2009-935 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-936 CATEGORY: Litigation DEPARTMENT: Town Attorney Southold Town Meeting Agenda - December 1, 2009 Page 19 Authorizes and Directs the Town Attorney to Move to Intervene in the Supreme Court, Suffolk County Action Entitled “The Trustees of the Freeholders of the Commonalty and the Town of Southampton, Et Al. V. Pete Grannis, Et Al.” RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Attorney to move to intervene in the Supreme Court, Suffolk County action entitled “The Trustees of the Freeholders of the Commonalty and the Town of Southampton, et al. v. Pete Grannis, et al.” regarding the migratory fishing licensing requirement and fees imposed upon the Town by the New York State Department of Environmental Conservation. ? Vote Record - Resolution RES-2009-936 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-937 CATEGORY: Road Dedications DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Declaration of Covenants and Restrictions (Pertaining to the Center Island) and All Other Necessary Documents to Effectuate Same Between Zoumas Contracting Corp. and the Town of Southold RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Declaration of Covenants and Restrictions (pertaining to the Center Island) and all other necessary documents to effectuate same between Zoumas Contracting Corp. and the Town of Southold in connection with the road dedication for the Zoumas at Deer Run subdivision, subject to the approval of the Town Attorney. Southold Town Meeting Agenda - December 1, 2009 Page 20 ? Vote Record - Resolution RES-2009-937 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-938 CATEGORY: Retirement/Resignation DEPARTMENT: Town Clerk Rescind Resolution 2009-907 Joseph Blados’ Intent to Retire RESOLVEDrescinds Resolution 2009- that the Town Board of the Town of Southold hereby 907 adopted November 17, 2009. Joseph Blados has withdrawn his intent to retire paperwork. ? Vote Record - Resolution RES-2009-938 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-939 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint Audrey Horton to the Conservation Advisory Council RESOLVEDAudrey Horton to that the Town Board of the Town of Southold hereby appoints the Conservation Advisory Council to fill the vacancy created by the death of James D. Eckert; term is effective immediately through March 31, 2010. ? Vote Record - Resolution RES-2009-939 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-940 Southold Town Meeting Agenda - December 1, 2009 Page 21 CATEGORY: Employment - Town DEPARTMENT: Town Attorney Hire Vicki Toth/Secretary (Board of Appeals) RESOLVEDappoints Vicki Toth to the that the Town Board of the Town of Southold hereby position of Secretary (Board of Appeals) effective December 7, 2009, at an annual salary of $46,670.91. ? Vote Record - Resolution RES-2009-940 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-941 CATEGORY: Budget Modification DEPARTMENT: Accounting Modify Budget and Transfer the Screening Plant from Solid Waste District to Highway Dept Fiscal Impact: To provide an appropriation in the Highway Fund for the screening plant and to effectuate transfer of said piece of equipment from the Solid Waste District WHEREAS the Town Board of the Town of Southold has declared the screening plant owned by the Solid Waste District as surplus equipment, and WHEREAS the Town Board has determined that it is in the best interest of the Town to transfer the screening plant from the Solid Waste District to the Highway Department in consideration of the payment of $28,672, now therefore be it RESOLVEDmodifies the 2009 Highway that the Town Board of the Town of Southold hereby Fund Part Town budget as follows: From: DB.5110.4.100.900 Resurfacing Projects $28,672 To: Southold Town Meeting Agenda - December 1, 2009 Page 22 DB.5130.2.500.300 Contractor Equipment $28,672 and be it further RESOLVEDdirected to transfer the sum of $28,672 that the Town Comptroller is hereby from the Highway Fund Part Town to the Solid Waste District, said amount to be a legal charge to the Highway Fund Part Town (DB.5130.2.500.300, Contractor Equipment) and the revenue to the Solid Waste District (SR.2650.30, Sale of Equipment). ? Vote Record - Resolution RES-2009-941 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-942 CATEGORY: Consulting DEPARTMENT: Town Attorney Retain Linda Kowalski as Consultant/ZBA RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to retain the services of Linda Kowalski to assist the Zoning Board of Appeals as a consultant , effective December 7, 2009, for a period of one year, at a rate of $31.07 per hour, with total compensation not to exceed $10,000, subject to review by the Town Board in 90 days, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-942 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-943 CATEGORY: Seqra DEPARTMENT: Town Attorney Southold Town Meeting Agenda - December 1, 2009 Page 23 SEQRA LL/Amendments to Minor Exempt Actions RESOLVED“A that the Town Board of the Town of Southold hereby finds that the proposed Local Law in relation to Amendments to the Minor Exempt Actions List of the Waterfront Consistency Review Law” 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 November 30, 2009, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. ? Vote Record - Resolution RES-2009-943 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-944 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Minor Exempt Act Lists WCRL WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk nd “A Local Law in County, New York, on the 22 day of September 2009, a Local Law entitled relation to Amendments to the Minor Exempt Actions List of the Waterfront Consistency Review Law” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it Southold Town Meeting Agenda - December 1, 2009 Page 24 RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed “A Local Law in relation to Amendments to the Minor Exempt Actions Local Law entitled, List of the Waterfront Consistency Review Law” reads as follows: LOCAL LAW NO. 2009 “A Local Law in relation to Amendments to the Minor Exempt A Local Law entitled, Actions List of the Waterfront Consistency Review Law” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The amendments to this local law are adopted under the authority of the Municipal Home Rule Law and the Waterfront Revitalization of Coastal Areas and Inland Waterways Act of the State of New York (Article 42 of the Executive Law). It is intended that, by making additions to the “minor actions” exempt list, certain actions that by their nature will not have an adverse effect on the coastal area and resources will not require a review under this law, which will result in a more efficient review process. II. Chapter 268 of the Code of the Town of Southold is hereby amended as follows: § 268-3. Definitions. LANDSCAPED BUFFER - a land area of a certain length and width which is planted with indigenous, drought tolerant, vegetation similar to that found within the immediate proximity of the parcel. Vegetation shall be installed in sufficient densities to achieve ninety-five (95) percent ground cover within two years of installation. Survival of planted vegetation shall be ninety (90) percent for a period of three years. Maintenance activities within the buffer are limited to removing vegetation which are hazardous to life and property, trimming tree limbs up to a height of fifteen feet (15’) to maintain viewsheds, replanting of vegetation and establishing a four foot (4’) wide access path constructed of pervious material for access to the water-body. MINOR ACTIONS - Include the following actions, which are not subject to review under this chapter: A. Maintenance or repair involving no substantial changes in an existing structure or facility; B. Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site (in-place), including upgrading buildings to meet building or fire codes, except for structures in areas designated by the Coastal Erosion Hazard Area (CEHA) law where structures may not be replaced, rehabilitated or reconstructed without a permit and shoreline erosion control structures (including, but not limited to, groins, jetties, bulkheads, filled piers) located within Great Peconic Bay, Cutchogue Harbor, Little Peconic Bay, Hog Neck Bay, Noyack Southold Town Meeting Agenda - December 1, 2009 Page 25 Bay, Southold Bay, Shelter Island Sound, Pipes Cove, Orient Harbor, Gardiners Bay, Long Island Sound, Fishers Island Sound and Block Island Sound [excluding all creeks]; C. Repaving or widening of existing paved highways not involving the addition of new travel lanes; D. Street openings and right-of-way openings for the purpose of repair or maintenance of existing utility facilities; E. Maintenance of existing landscaping or natural growth, that is not located within 100 feet of the boundary of a protective natural feature except where threatened or endangered species of plants or animals are affected, or within significant coastal fish and wildlife habitat areas; F. Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA; G. Minor temporary uses of land having negligible or no permanent impact on coastal resources or the environment; H. Installation of traffic control devices on existing streets, roads and highways; I. Mapping of existing roads, streets, highways, natural resources, land uses and ownership patterns; J. Information collection including basic data collection and research, water quality and pollution studies, traffic counts, engineering studies, surveys, subsurface investigations and soils studies that do not commit the agency to undertake, fund or approve any action; K. Official acts of a ministerial nature involving no exercise of discretion, including building where issuance is predicated solely on the applicant's compliance or noncompliance with the relevant local building code; L. Routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment; M. Conducting concurrent environmental, engineering, economic, feasibility and other studies and preliminary planning and budgetary processes necessary to the formulation of a proposal for action, provided those activities do not commit the agency to commence, engage in or approve such action; N. Collective bargaining activities; O. Investments by or on behalf of agencies or pension or retirement systems, or refinancing existing debt; P. Inspections and licensing activities relating to the qualifications of individuals or businesses to engage in their business or profession; Q. Purchase or sale of furnishings, equipment or supplies, including surplus government property, other than the following: land, radioactive material, pesticides, herbicides, storage of road de-icing substances, or other hazardous materials; R. Adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list; S. Engaging in review of any part of an application to determine compliance with technical requirements, provided that no such determination entitles or permits the Southold Town Meeting Agenda - December 1, 2009 Page 26 project sponsor to commence the action unless and until all requirements of this chapter have been fulfilled; T. Civil or criminal enforcement proceedings, whether administrative or judicial, including a particular course of action specifically required to be undertaken pursuant to a judgment or order, or the exercise of prosecutorial discretion; U. Adoption of a moratorium on land development or construction; V. Interpreting an existing code, rule or regulation; W. Designation of local landmarks or their inclusion within historic districts; X. Emergency actions that are immediately necessary on a limited and temporary basis for the protection or preservation of life, health, property or natural resources, provided that such actions are directly related to the emergency and are performed to cause the least change or disturbance, practicable under the circumstances, to coastal resources or the environment. Any decision to fund, approve or directly undertake other activities after the emergency has expired is fully subject to the review procedures of this chapter; Y. Local legislative decisions such as rezoning where the Town Board determines the action will not be approved; Z. Split rail fences or fences used to control nuisance wildlife that do not interfering with the public’s rights of passage along the foreshore; AA. Removal of a structure greater than 75 feet from a wetland; BB. Additions to the landward side of an existing dwelling constituting less than 25 percent of the existing structure where the addition is greater than 75 feet from a natural protective feature, except where the parcel is located in a Coastal Erosion Hazard Area; CC. Structures less than 100 250 square feet in size that are accessory to existing permitted primary structures, and which accessory structures are greater than 50 feet from a boundary of a natural protective feature, and freshwater or tidal wetlands tidal wetland; DD. Construction or improvements of pervious residential driveways, parking areas or walkways greater than 50 feet from a tidal or freshwater wetland; EE. Upgrades to existing fuel tanks provided that erosion control measures are implemented; FF. Cutting phragmites to greater than 12 inches and vegetative restoration provided that native wetland vegetative species are not affected or disturbed in any manner; GG. Bulkhead to replace Within all Town Creeks, replacement of existing bulkhead on the applicant’s property in the same location with a silt curtain employed deployed prior to and during construction; and HH. Lot line changes, provided that the lot line change will not permit new development that may have undue adverse impacts on wetlands, tidal waters or natural protective features; II. Additions to an existing building or rebuilt residential structure which results in no-net increase in ground area coverage, except where the parcel is located in a Coastal Erosion Hazard Area; JJ. Construction or installation of drainage improvements for the retention of storm water runoff in accordance with Chapter 236, provided that such improvements Southold Town Meeting Agenda - December 1, 2009 Page 27 are located more than 50 feet from the boundary of the natural protective feature; and KK. Residential structures not located within the CEHA /or adjacent to a New York State Designated Scenic Byway, a scenic view shed important to the community or within a VE/AE Flood Zone Designation and which complies with the following minimum buffer width tables: Table 1. Wetland Buffer Table for New Residential Structures located adjacent to New York State Department of Environmental Conservation Priority Water Body (select one). Minimum Buffer Width Lot Area (sq. ft.) Landscaped Natural Vegetated 0-20,000 30 25 20,000-40,000 40 35 40,000-60,000 75 50 60,000-80,000 75 50 Greater than 80,000 100 75 Table 2. Wetland Buffer Table for New Residential Structures (select one) Minimum Buffer Width Lot Area (sq. ft.) Non-turf Landscaped Natural Vegetated 0-20,000 30 20 20 20,000-40,000 40 35 25 40,000-60,000 50 45 35 60,000-80,000 75 65 55 Greater than 80,000 100 100 75 Table 3. Wetland Buffer Table for Existing or Rebuilt Residential Structures (select one). Minimum Buffer Width Lot Area (sq. ft.) Non-turf Landscaped Natural Vegetated 0-20,000 25 15 15 20,000-40,000 30 25 25 40,000-60,000 40 35 30 60,000-80,000 60 55 45 Greater than 80,000 75 60 55 NATURAL PROTECTIVE FEATURE - A nearshore area, beach, bluff, primary dune, secondary dune or wetland and their vegetation. NATURAL VEGETATED BUFFER - a land area of a certain length and width where existing vegetation occurs prior to the commencement of any grading or clearing activity. Vegetation Southold Town Meeting Agenda - December 1, 2009 Page 28 shall be maintained to achieve a minimum percent ground cover of ninety-five (95%) percent. To achieve the percent ground cover indigenous, drought tolerant vegetation shall be planted. Survival of planted vegetation shall be ninety (90%) percent for a period of three (3) years. Maintenance activities within the buffer are limited to removing vegetation which are hazardous to life and property, trimming tree limbs up to a height of fifteen feet (15’) to maintain viewsheds, replanting of vegetation and establishing a four foot (4’) wide access path constructed of pervious material for access to the water-body. NEW YORK SCENIC BYWAY (North Fork Trail) - all that portion of the State highway system known as State Route 25 in the Town of Southold, Suffolk County, beginning at the boundary between the Town of Riverhead and the Town of Southold, continuing northeasterly to Orient Point and to the end of State Route 25, and all that portion of the local highway system known as Sound Avenue beginning at the boundary between the Town of Riverhead and the Town of Southold continuing easterly to the overlap of Sound Avenue and County Route 48 and continuing along County Route 48 generally northeasterly to the intersection of County Route 48 and State Route 25 north of the Village of Greenport, Suffolk County. NUISANCE WILDLIFE - Wildlife that is destructive and capable of damaging property such as buildings, crops, pets, livestock, gardens, or public areas. Wildlife may threaten human health or safety by spreading diseases, through direct attacks, or accidentally. PERVIOUS NONTURF BUFFER - a land area of a certain height and width comprised of sand, stone or permeable pavers arranged in such a manner to allow for maximum percolation of storm water runoff into the soil. PRIORITY WATER-BODY - a water-body within the jurisdictional boundaries of the Town of Southold listed by the New York State Department of Environmental Conservation on the Water-Body Inventory/Priority Water-Bodies List, as amended. SIGNIFICANT FISH AND WILDLIFE HABITAT - those habitats which are essential to the survival of a large portion of a particular fish or wildlife population; support rare or endangered species; are found at a very low frequency within a geographic area; support fish or wildlife populations having significant commercial or recreational value; or that would be difficult or impossible to replace. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV.EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Southold Town Meeting Agenda - December 1, 2009 Page 29 ? Vote Record - Resolution RES-2009-944 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 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. * * * * * VI. PUBLIC HEARINGS 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. 1. PH 12/1/09 7:35 Pm - Minor Exempt - WCRL