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Home My WebLink AboutTB-12/01/2009ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.north fork.net MINUTES December 1, 2009 7:30 PM A Regular Meeting of the Southold Town Board Meeting Hall, 53095 Main Road, Southold, NY. Supervisor PM with the Pledge of Allegiance to the Flag. 7:30 Call to Order 7:30 PM Meeting called to order on Decembe~J., 2009 Southold, NY. Attendee Name Organization William Ruland Vincent Orlando Albert Krupski Jr. Town Thomas H. Wickham Town of 5 Louisa P. Evans ld Scott Russell Elizabeth A. of Southold Martin D. F ng Hall, 53095 Route 25, Title Status Arrived Present Present Present ouncilman Present Justice Present Supervisor Present Town Clerk Present Town Attorney Present I. Reports Recreation ~,~tment October 2009 Justice Price Monthly Report October 2009 4. Justice Evans Monthly Report October 2009 December 1, 2009 Southold Town Board Meeting Minutes 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 Page 2 December 1, 2009 Page 3 Southold Town Board Meeting Minutes 14. EXECUTIVE SESSION - Litigation Update on Edson Opening Comments Supervisor Scott Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance to the Flag. Thank you. At this point, would anybody like to come up and address the Town Board on any issue as it appears on the agenda? On the agenda items. We will be having a public hearing, that was the protocol for the LWRP changes so you can make those comments if you want at that time but for any of the regular agenda items? Oh, come on up. Trustee Jill Doherty JILL DOHERTY, SOUTHOLD TOWN TRUSTEE: I just wanted to thank you for your, the process, I appreciate the process you went through for the saltwater fishing license that the DEC put out and the lawsuits that the other towns are going in and I appreciate your efforts and what you pt through and the considerations and I am very pleased to observe, the Board is very pleased that you guys have a resolution on tonight to join that action. It, you know, it brings, keeps home role here and it is a, you know, fundamental right for our residents and it keeps that for us. So thank you. Peter Bell, Cutchogue Supervisor Russell SUPERVISOR RUSSELL: Thank you. Anybody else? UNIDENTIFIED: Inaudible. TOWN CLERK NEVILLE: To the microphone, please. SUPERVISOR RUSSELL: Yeah. What we will do is we will complete, we will get the agenda over with and then what I will do is invite you to come back up and address the Board on any issue under the sun. Okay? Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Friday, October 17, 2008 Vote Record - Acceptance of Minutes for October 17~ 2008 3:00 PM yes/Aye No/Nay Abstain Absent William Ruland Voter [] [] [] [] [] Accepted Vincent Orlando Voter [] [3 [] [] [] Accepted as Amended AIbetl Krupski Jr. Voter [] [] : [] [] [] Tabled Thomas H. Wickham Seconder [] [] [] [] Louisa P. Evans Initiator [] [] [] [] Scotl Russell Voter [] [] Fl [] December 1, 2009 Page 4 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Thursday, October 15, 2009 Vote ReC°rd-AccePtance of Minutes for October 15~ 2009 6:00 PM Yes/Aye No/Nay Abstain Absent William Ruland Voter [] [] [] [] [] Accepted Vincent Orlando Voter [] [] [] [] [] Accepted as Amended A!~ ~p~k! ~r: x/pier [] Tabled ~omas H W ckham Sec0~der [] 13 [] [] Louisa P. Evans Initiator [] [] 13 Fl Scott Russell Voter [] [] [] [] RESOLVED that the Town Board 0fthe Town of Southold hereby accepts the minutes dated: Tuesday, October 20, 2009 ~r vote Rec0rd ~ Accepthnee of Minutes for october ~0i 2009 ~-~0 PM: Y~/Aye No~ay Abstain Absent William Ruled Vot~ ~ ~ ~ ~ ~ Accept~ as ~end~ Xi~ ~S~ lr~ v0t~ ~ ~ ~ ~ ~ Tabl~ ~omas H. Wic~m S~ond~ ~ ~ ~ D ~uisa P. Evans Scott Russell V~i~ ~ D ~ 0 RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Wednesday, November 04, 2009 Vote Record - AccePtance 0f Minutes fo,r N~ 0vember;4, 2009 4:00 PM Yes/Aye No/Nay Abstain Absent William Ruland Voter [] [] [] [] [] Accepted Vincent Orlando Voter [] Accepted as Amended Albert Krapski Jr. Voter [] [] [] [] [] Tabled Thomas H. Wickham Seconder [] [] [] [] Louisa P. Evans Initiator ~ [] [] [] Sco6 Russell Voter ~ ~ D ri RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Wednesday, November 04, 2009 vote Record- Accept ~ee of Minutes for November 4i 200~ 7:00 PM : Yes/Aye No/Nay Abstain Absent William Ruland Voter [] D [] [] [] Accepted Vincent Orlando Voter ~ [] [3 ' D A!b~ ~pski J[: Voter [] [] Accepted as Amended [] [3 [] [] Tabled Thomas H. Wickham Seconder [] [] [] [] Louisa P. Evans Initiator [] [] [] [] Scott Russell Voter ~ O [] [] V. Resolutions 2009-913 CA TEGOR Y: Audit DEPARTMENT: Town Clerk Approve Audit 12/1/09 December 1, 2009 Page 5 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated December 1, 2009. [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended [] [] [] [] William Ruland Voter [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albert Kmpski Jr.Voter [] [] D [] Withdrawn Thomas H. Wickham Seconder [] [] [] [] [] Supervisors Appt MU S~ P Evans h i ai0r El [] FI FI [] Tax Receiver's Appt El [] Rescinded Scott Russell Voter 2009-914 CATEGOR~ DEPARTMENT: Set Meeting 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 Rec0rd- Resolution RES-2009-914 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled [] [] [] Albert Krupski Jr. Voter [] [] Withdrawn Thomas H. Wickham Seconder [] [] [] [] [] Supervisor's Appt Louisa P. Evans Initiator [] [] [] [] [] Tax Receiver's Appt [] [] [] [] [] Rescinded Scott Russell Voter 2009-915 CA TEGOR ¥: DEPARTMENT: Budget Modification Police Dept Budget Modification - Police Fiscal Impact: To cover unanticipated overtime earnings due to staffing shortages RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 General Fund Whole Town budget as follows: December 1, 2009 Page 6 Southold Town Board Meeting Minutes From: A.3120.1.100.300 Vacation Earnings $50,000.00 To: A.3120.1.100.200 Overtime Eamings $50,000.00 ,t' Vote Regord - Resolution RES-2009-915 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Initiator [] [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled Albert Krupski Jr. Voter [] [] [] [] [] Withdrawn Thomas H. Wickham Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-916 CATEGORY: DEPARTMENT: Budget Modification 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 RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution no. 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: December 1, 2009 Southold Town Board Meeting Minutes Page 7 Capital Project Name: Mattituck Inlet Stormwater Mitigation (NY) #2008- 0065-020 Financing Method: Budget: Revenues: H.4097.00 Appropriations: H.8540.2.100.200 Capital Grant from National Fish and Wildlife Foundation Capital Grant, Federal Government US Fish and Wildlife Service/EPA $40,000 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 Voter [] [] [] [] [] Defeated Vincent Orlando initiator [] [] F1 [] [] Tabled Alber~ Kmpski Jr. Seconder [] 13 [] [] [] Withdrawn Thomas H. Wickham Voter [] [] [] [] [] Superviso~'s Appt Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-917 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Recreation Hire 2010 Winter Recreation Program Instructors RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement with the following individuals and 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 December 1, 2009 Page 8 Southold Town Board Meeting Minutes 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 Gaff 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 Schaeffier (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 Voter [] [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled Albert Krapski Jr. Initiator [] [] [] [] [] Withdravm Thomas H. Wickham Voter [] [] [] [] [] Supervisor's Appt [] Tax Receivers Appt Louisa P. Evans Voter i~ [] [] [] [] Rescinded Scott Russell Voter [] [] [] U] Comments regarding resolution 917 SUPERVISOR RUSSELL: Albert, how is attendance at your belly dancing classes? COUNCILMAN KRU!~SKI: Surprisingly g0od. 2009-918 CA TE GO R Y: DEPARTMENT: Bid Acceptance Police Dept Accept the Bid of Hoppy's Cleaners to Clean Southold Town Police Uniforms December 1, 2009 Page 9 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Hoppy's Cleaners to clean Southoid Town Police Uniforms for calendar year 2010 in the mounts indicated on the bid submitted, all in accordance with the Town Attorney. Vote Record - Re~olutton RES-2009-918 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albert Kmpski Jr. Voter [] [] [] [] [] Withdrawn Thomas H. Wickham Seconder [] [] [] [] [] Superviso~'s Appt Louisa P. Evans Initiator [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-919 CATEGOR~ DEPARTMENT: Bid Acceptance Police Dept Accept the Bid of Charles Greenblatt, Inc. to Supply the Town with Police Uniforms for 2010 RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Charles 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 - Re~olution RES-2009-919 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albert Kmpski J~. Voter [] [] [] [] [] Withdrawn Thomas H. Wickham Initiator [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Louisa P. Evans Seconder [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-920 CA TE GO R Y: DEPARTMENT: Misc. Public Hearing 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 Fiscal Impact: Transfer Community Development Block Grant funds from the Southold Recreation Center Renovation into the Peconic Lane Community Center Project RESOLVED that the Town Board of the Town of Southold hereby sets 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 2009 budgets and authorizes Town December 1, 2009 Page 10 Southold Town Board Meeting Minutes 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 Initiator [] [] [] [] [] Defeated Vincent Orlando Voter [] [3 [3 [] [] Tabled Thomas H. Wickham Voter [] [] [] [] [] Snpervisor's Appt Louisa P. Evans Seconder [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott R~ssell Voter [] [] [] [] 2009-921 CATEGORY: DEPARTMENT: Employment - Town Accounting Appoint Christine Foster to Secretarial Assistant RESOLVED that the Town Board of the Town of Southold hereby appoints Christine Foster 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 Atnended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Initiator [] [] [] [] [] Tabled Albert Krupski Jr. Seconder [] [] [] [] [] Withdrawn Thomas H. Wickham Initiator [] [] [] [] [] Supervisor's Appt Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scoit Russell Voter [] [] [] [] 11. Comments regarding resolution 921 SUPERVISOR RUSSELL: Let me just clarify, that position is actually, we had a vacancy created by retirement. This particular employee is already an employee of the Town. This is an appointment to the vacant position, she is taking this duty on in addition to her existing responsibilities, that is a slight increase, collective of bargain agreement requires a 5% bump in pay when you change titles. That is consistent with our effort to reduce income because we are eliminating an entire salary from that department, the Accounting Department 2009-922 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Public Works Laurel Lake Grant - NYS Parks, EPF Funded Project Fiscal Impact: December 1, 2009 Page 11 Southold Town Board Meeting Minutes None RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs 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 Voter [] [] [] U [3 Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled Albert Krupski Jr. lnitiato? [] 13 [] 13 [] Withdrawn Thomas H. Wickham Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiveffs Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-923 CATEGORY: DEPARTMENT: Budget Modification 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. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 Solid Waste Management District budget as follows: From: SR 8160.4.100.200 (Diesel Fuel) SR 8160.4.400.680 (Trailer Fleet Repairs) Total To: SR 8160.4.100.210 (Propane Fuel - Forklift) SR 8160.4.100.596 (CBI Grinder Supplies) SR 8160.4.400.675 (CBI Grinder Repairs - Contracted) SR 8160.4.400.250 (Computer Sof~ware Support) $ 7,750.00 $ 4,000.00 $11,750.00 $ 250.00 $ 4,000.00 $ 4,000.00 $ 1,500.00 December 1, 2009 Page 12 Southold Town Board Meeting Minutes SR 8160.4.400.860 (E-Waste Removal Total $ 2,000.00 $11,750.00 Vote Record - Reaolutlon RES-2009-923 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albert Krupski Jr. . Voter [] [] [] [] [] Withdrawn Thomas H W ckham Seconder [] [] [] [] [] Supervisor's Appt [] Tax Receivea's Appt Louisa P. Evans Initiator [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-924 CA TEGOR Y: DEPARTMENT: Surplus Equipment Solid Waste Management District Bid on Surplus Screening Plant RESOLVED that the Town Board of the Town of Southold hereby reiects all bids received for the Re-Teeh Screening Plant owned b.y the Solid Waste Management District. Vote ReCOrd - Resolution RES-2009-924 , , [] Adopted Yes~A~ N0/N~y Abslain Absent [] Adopted as Amended William Ruland Seconder [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albert Krupski Jr. Voter [] [] [] [] [] Withdrawn Thomas H. Wickham ln{tiat~r ~ [] [] [] [] Supervisor's Appt ~ [3 [] [] Louisa P. Evans Voter [] Tax Receiver's Appt ~ El [2] El [] Rescinded Scott Russell Voter 2009-925 CATEGORY: DEPARTMENT: Authorize to Bid Solid Waste Management District SWMD Service Re-Bids RESOLVED that the Town Board of the Town of Southold hereby reiects any and all bids received for scrap tire removal from the Cutchogue Transfer Station in 2010 and furthert also hereby authorizes and directs the Town Clerk to re-advertise for such bids. December 1, 2009 Page 13 Southold Town Board Meeting Minutes [] Adopted Yes/Aye NofNay Abstain Absent 13 Adopted as Amended William Ruiand Initiator [] [] [3 [] [] Defeated [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Aib~ ~p~ki J~. ~ier ~ v1 [3 EJ [] Supervisor's Appt Thomas H. Wickham Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Seconder [] [] [] [] [] RescMded Scott Russell Voter [] [] [] [] 2009-926 CATEGOR~ DEPARTMEN~ Authorize to Bid 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 for 2010, it is hereby RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town Clerk to re-advertise for same. ff Vote ReCOrd ~ R~solUti0n RE8-2009-926 [] Adopted Yes/Aye N~Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Initiator [] [] [] [] [] Tabled Albert Krupski Jr. seconder [] [] : [] [] [] Withdrawn [] Supervisor's Appt Thomas H. Wickham Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] ~] [] [] 2009-927 CATEGOR~ DEPARTMENT: Contracts, Lease & Agreements Accounting Engage Albrecht, Viggiano, Zureck & Co. - 2009 & 2010 Audits Fiscal Impact: Engagement letter for the 2009financial audit ($68,000), Justice Court Audit ($5,000), 2010financial audit ($ 70, 000, Justice Court Audit ($5, 000). For 2009, this is a $3000 increase from the current year. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott Russell to execute an engagement letter with Albrecht, Vi~o~iano~ 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 December 1, 2009 Page 14 Southold Town Board Meeting Minutes 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 lle~., R~SOlUflon RES-2009=927 [] Adopted Yes/Axe No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled Albert Kmpski Jr. Initiator [] [] [] [] [] Withdrawn [] Supervisor's Appt Thomas H. Wickham Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] Voter [] Rescinded Scott Russell [] [3 [3 D 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, 2009from 3:00 PM to 5:00 PM Fiscal Impact: Total Police Department Cost for Event = $121.76 RESOLVED that the Town Board of the Town of Southold hereby grants 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 Saturda¥~ 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 - Re~olution RES-2009-928 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albe~t Krupski Jr. Voter [] [] [] [] [] Withdrawn [] Supervisor's Appt Thomas H. Wickham Seconder [] [] [] [] Louisa P. Evans Initiator [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] December 1, 2009 Page 15 Southold Town Board Meeting Minutes 2009-929 C~I TEGOR Y: DEPARTMENT: Budget Modification 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. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 Highway Fund Part Town budget as follows: To: DB. 5110.4.100.905 DB.5130.2.300.100 From: DB.5110.4.100.900 DB .5142.2.400.200 General Repairs Contractual Expense Supplies & Materials Asphalt Patch Machinery Equipment & Capital Outlay Motor Vehicles Light Duty General Repairs Contractual Expense Supplies & Materials Resurfacing Projects Snow Removal Equipment Industrial Equipment Snow Equipment $ 7,000.00 $1,100.00 TOTAL: $8,100.00 $7,000.00 $1,100.00 TOTAL: $8,100.00 ~ V0te Record ~ Re~oluliOn RES;2009{929 ~ Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Am~d~ William Ruland S~ond~ ~ ~ ~ ~ ~ Tabl~ A!b~ ~PSki Jr: ~0t~ ~ ~ ~ 0 ~ Sup~i~s Appt ~uisa P. Evans Vot~ ~ ~ D ~ ~ Rcsc~d~ Scott Russell Vot~ ~ ~ ~ ~ 2009-930 CA TEGOR Y: Budget Modification December 1, 2009 Page 16 Southold Town Board Meeting Minutes. DEPARTMENT: Human Resource Center HRC Budget Mod Vehicle Maint Fiscal Impact: To redistribute allocated budgeted funds to another account. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 Human Resource Center General Fund Whole Town budget as follows: From: Aoorooriations: A.6772.4.400.300 A.6772.4.400.600 Pro~rams for the A~,in~, Contractual Expense Contracted Services Printing Equipment Maint & Repair $400.00 $900.00 A.6772.4.600.100 A.6772.4.600.300 A.6772.4.600.500 To: Appropriations: A.6772.4.400.650 Miscellaneous Advertising Travel Seminars and Training Total: $425.00 $475.00 $1000.00 ($3200.00) Programs for the Aging Contractual Expense Contracted Services Vehicle Maint. & Repair Total: $3200.00 ($3200.00) Vote Record - Resolution RES~2009-930, [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended Willimn Ruland Initiator [] [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled [] Withdrawn Albert Krapski Jr. Voter [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-931 CATEGOR~ DEPARTMENT: Committee Appointment Town Clerk Accept the Resignation of deanine Warns and Appoint Andrea Nydegger to the Youth Bureau Board RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of December 1, 2009 Page 17 Southold Town Board Meeting Minutes Jeanine Warns and be it FURTHER RESOLVED that the Town Board of the Town of Southold hereby appoints Andrea Nvde~,~er to the Youth Bureau Board to fill the vacancy, effective immediately through March 31,2011. Vote Ree°rd ~ R6so]Uiion RES-2009~931 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Initiator [] [] [] [] [] Tabled [] Withdrawn Albert Kmpski Jr. Seconder [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Voter gl [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-932 CATEGOR~ DEPARTMENT: Bid Acceptance Highway Department Purchase Used Pick Up RESOLVED that the Town Board of the Town of Southold hereby grants permission to 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 $7~800.00, subiect to approval of the Town Attorney~ and that the appropriation line to be charged is Highway Fund Part-Town Machinery (Light Duty) equipment line DB.5130.2.300.100. Vote Record - Resolution RE$-2009-932 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended Willimn Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] [] [] Tabled Albert Kmpski Jr. Initiator [] [] [] [] [] Withdrawn [] Supervisors Appt Thomas H. Wickham Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Initiator [] [] [] [] 2009-933 CATEGORY: DEPARTMENT: Budget Modification Accounting Amend Resolution 2009-892 December 1, 2009 Page 18 Southold Town Board Meeting Minutes 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. RESOLVED that the Town Board of the Town of Southold hereby amends resolution no. 2009-892 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 General 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 g~ Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled [] Withdrawn Albert Kmpski Jr. Voter [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Seconder [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Initiator [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-934 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements 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. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs 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 December 1, 2009 Page 19 Southold Town Board Meeting Minutes the approval of the Town Attorney. Vote Reeord- Resolution RES-2009-934 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Seconder [] [] [] [] [] Defe~ted Vincent Orlando Voter [] [] [] [] [] Tabled [] Withdrawn Albert Kmpski Jr. Voter [] [] [] [] [] Supervisor's Appt T~omas H. Wickham Initiator [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] , [] [] [] Rescinded Scott Russell Voter [] [] [] [] 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 RESOLVED that the Town Board of the Town of Southold hereby directs the Planning Department to prepare a Mattituck Route 25 Corridor Study. Vote Record -Resolution RES-2009~935 [] Adopted Yes/AYe N0~Y Abstain Absent [] Adopted as Amended William Ruland Initiator [] [] [] [] [] Defeated Vincent Orlando Seconder ~ [] [] [] [] Tabled Albert Krup~ki Jr. Voter [] [] [] [ [] [] Withdrawn ~S Fl ~i~kham Voter [] [] F1 [] [] Supervisor's Appt [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] E] [] Rescinded Scott Russell Voter [] [] [] [] 26. Comments regarding resolution 935 COUNCILMAN KRUPSKI: You are getting ahead of yourself with that train station in Laurel. COUNCILMAN RULAND: Well, the train station is a long way from there. Back in the day, you know they hung the mail on the hook and the train when it went by, it snatched it off there at the train station in Laurel. 2009-936 CA TEGOR Y: Litigation December 1, 2009 Page 20 Southold Town Board Meeting Minutes DEPARTMENT: Town Attorney 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. I( Pete Grannis, Et Al." RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Attorney to move to intervene in the Supreme Courh Suffolk County action entitled "The Trustees of the Freeholders of the Commonal ,ty 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. v' Vote ReCord, Resoiuti0n ~S-2009-936 [] Adopted ~s/3ty~ Np~N~Y Ab~tai~ Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Vincent Orlando Initiator [] [] [] [] [] Tabled Albert Krupski Jr, Seconder [] [] [] [] [] Withdrawn Thomas H. Wickham Voter [] [] [] El [] Supervisor's Appt [] Tax Receiver's Appt Lou sa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 28. Comments regarding resolution 936 SUPERVISOR RUSSELL: I just want to quickly say that the Tmstee's are actually the ones who kept bringing all the updated information to the Town Board and it was with their insistence that the Town Board had monitored and decided when to jump into the soup. 2009-937 CATEGOR~ DEPARTMEN~ Road Dedications 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 RESOLVED that the Town Board of the Town of Southold hereby 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 in connection with the road dedication for the Zoumas at Deer Run subdivision, subject to the approval of the Town Attorney. December 1, 2009 Page 21 Southold Town Board Meeting Minutes [] Defeated Vincent Orlando seconder [] [] [] [] A!b~ ~p~k! Jr~ Initiator [] [] [] [] [] Withdrawn Thomas H. Wickham Voter [] F1 [] [] 2009-938 CATEGORY: DEPARTMENT: Retirement/Resignation Town Clerk Rescind Resolution 2009-907 Joseph Blados' Intent to Retire RESOLVED that the Town Board of the Town of Southold hereby rescinds Resolution 2009- 907 adopted November 17, 2009. Joseph Blados has withdrawn his intent to retire paperwork. · r vote Re,rd; Res0iUi~n RE~2009,938 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended ~illiam Ruiand Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albert gampski Jr. Voter [] [] [] [] [] Withdrawn Thomas H, Wickham Seconder gl [] [] [] [] Supervisor's Appt Louisa P. Evans Initiator [] [] [] [] [] Tax Receiver's Appt ~ ~ ~ ~ [] Rescinded Scott Russell Voter 2009-939 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Appoint Audrey Horton to the Conservation Advisory Council RESOLVED that the Town Board of the Town of Southold hereby appoints Audrey Horton to 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 - Re~olution RES-2009-939 [] Adopted yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Seconder [] [] : [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albert Krapski Jr. Voter [] [] [] [] [3 Withdrawn Thomas H. Wickham Initiator [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Louisa P. Evans Voter gl [] [] [] [] Rescinded Scott Russell Voter gl [] [] [] December 1, 2009 Page 22 Southold Town Board Meeting Minutes 2009-940 CATEGOR~ DEPARTMENT: Employment - Town Town Attorney Hire Vicki Toth/Secretary (Board of Appeals) RESOLVED that the Town Board of the Town of Southold hereby appoints Vield Toth to the position of Secretary, {Board of Appeals) effective December 7, 2009, at an annual salary to be determined in accordance with the collective bargaining contract. Vote Record - Resolution RES-2009-940 gl Adopted Yes/Aye No/Nay Abstain · Absent [] Adopted as Amended William Ruland Initiator [] [] [] [] [] Defeated Vincent Orlando Seconder [] [] [] ' [] [] Tabled Albert Kmpski Jr. Voter [] [] [] · [] [] Withdrawn Thomas H. Wickham Voter [] [] [] [] [] Supervisor's Appt Louisa P. Evans Voter [] [] [] ~ [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter gl [] [] [] 33. Comments regarding resolution 940 SUPERVISOR RUSSELL: We don't want to hold it but I would ask to strike that salary. Salary to be calculated by the Accounting Department. COUNCILMAN KRUPSKI: To be determined by the... SUPERVISOR RUSSELL: To be determined. COUNCILMAN RULAND: I think you should also indicate that's a lateral move. SUPERVISOR RUSSELL: That also is a lateral move of one employee from one department to another. It is not a promotion, it is a... JUSTICE EVANS: Change of title, though. SUPERVISOR RUSSELL: Change of title, that would require again a 5% increase in pay. Also this is again in continuing to reduce the personnel numbers in town government, this is an opportunity for the Town Board to perhaps eliminate a position in one of the departments. JUSTICE EVANS: And put a qualified individual... SUPERVISOR RUSSELL: And she is exceedingly qualified. COUNCILMAN ORLANDO: She will be great there. December 1, 2009 Southold Town Board Meeting Minutes Page 23 2009-941 CATEGORY: DEPARTMENT: Budget Modification 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 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 Highway Fund Part Town budget as follows: From: DB.5110.4.100.900 Resurfacing Projects $28,672 To: DB.5130.2.500.300 Contractor Equipment $28,672 and be it further RESOLVED that the Town Comptroller is hereby directed to transfer the sum of $28~672 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 Voter [] [] [] [] [] Defeated Vincent Orlando Initiator [] [] [] [] [] Tabled Albert Kmpski Jr. Voter [] [] [] [] [] Withdrawn Thomas H. Wickham Seconder [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] 2009-942 December 1, 2009 Page 24 Southold Town Board Meeting Minutes CATEGORY: DEPARTMENT: Consulting Town Attorney Retain Linda Kowalsld as Consultant/ZBA RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs 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 per/od not to exceed 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 Re.rd; Resoiuti0fi R~S-2009-942 I~ Adopted Ye~Aye No/Nay Abstain Absen~ ~ Adopt~ as ~d~ William RuledVot~ ~ ~ ~ ~ ~ Defmt~ Vinc~t ~lando Vot~ ~ ~ ~ ~ ~ Sup~isor's Appt ~uisa P. Evans Vot~ ~ ~ ~ ~ ~ Tax R~eiv~'s Appt ~ Rescmd~ Scott Russell Vot~ ~ ~ ~ : ~ 36. Comment regarding resolution 942 COUNCILMAN RULAND: Discussion. period not to exceed one year? Discussion. Do you think we could insert not for a SUPERVISOR RUSSELL: Not to exceed one year. That is fine with me. COUNCILMAN KRUPSKI: ,Yes. SUPERVISOR RUSSELL: Let me just point out, it seems like the Town is actually on a hiring binge. It is quite the opposite. We had just recently developed attrition through retirement incentives etc. this is reallocating the existing resources in town government. In this particular case, this is someone who opted for the retirement incentive but we are bringing her back for a short period of time to train the, her replacement. It is a very arcane subject matter, Zoning Board of Appeals. So we still need her expertise and her guidance in helping train the new employee. COUNCILMAN KRUPSKI: But not indefinitely. 5UPERV!SOR RUSSELL; NPt indefinitely. Just for a short perio~ oft!~. 2009-943 CA TEGOR Y: DEPARTMENT: Seqra Town Attorney December 1, 2009 Southold Town Board Meeting Minutes Page 25 SEQRA LLMmendments to Minor Exempt Actions RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A 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 Voter [] [] [] [] [] Defeated Vincent Orlando Voter [] [] [] [] [] Tabled Albert Kmpski Jr. Voter [] [] [] [] [] Withdrawn Thomas H. Wickham Seconder 1~ [] [] [] [] Supervisor's Appt Louisa P. Evans Initiator [] [] [] [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] 2009-944 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact LL Minor Exempt Act Lists 14/CRL WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk nd County, New York, on the 22 day of September 2009, a Local Law entitled "A Local Law in 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 December 1, 2009 Page 26 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to the Minor Exempt Actions List of the Waterfront Consistency Review Law" reads as follows: LOCAL LAW NO. 2009 A Local Law entitled, "A Local Law in relation to Amendments to the Minor Exempt Actions List of the Waterfront Consistency Review Law". BE IT ENACTED by the Town Board of the Town of Southold as follows: 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; 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 December 1, 2009 Page 27 Southold Town Board Meeting Minutes H. I. J. 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]; Repaving or widening of existing paved highways not involving the addition of new travel lanes; Street openings and right-of-way openings for the purpose of repair or maintenance of existing utility facilities; Maintenance of existing landscaping or natural growth, that is not located within 100 feet of the boundary of a protective natural feature .....v ...................,~r ....... o ..... r ....... v ......................... , or within s cant coastal fish and wildlife habitat areas; 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; Minor temporary uses of land having negligible or no permanent impact on coastal resources or the environment; Installation of traffic control devices on existing streets, roads and highways; Mapping of existing roads, streets, highways, natural resources, land uses and ownership patterns; 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; 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; Routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment; 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; Collective bargaining activities; Investments by or on behalf of agencies or pension or retirement systems, or refinancing existing debt; Inspections and licensing activities relating to the qualifications of individuals or businesses to engage in their business or profession; 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; Adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list; Engaging in review of any part of an application to determine compliance with technical requirements, provided that no such determination entitles or permits the December 1, 2009 Page 28 Southold Town Board Meeting Minutes 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 interfe~ng 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 fi~4itad~ng4~ff 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 ~; 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. ~ Within all Town Creeks, replacement of existing bulkhead on the applicant's property in the same location with a siltcurtmn' ~---v.,-J~---~ .... ~-.'~ 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 December 1, 2009 Page 29 Southold Town Board Meeting Minutes. are located more than 50 feet from the boundary of the natural protective feature; and Residential structures not located within the CEHA/or adiacent 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 Gre~erthan80,000 100 75 Table 2. Wetland Buffer Table for New Residential Structures (select one) Minimum Buffer Width 100 100 75 Lot Area(sq. ft.) Non-turf Landscaped Natural Veg~ed 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 Gre~erthan80,000 Table 3. Wetland Buffer Table for Existing or Rebuilt Residential Structures (select one). Minimum Buffer Width Lot Area(sq. ft.) Non-turf Landscaped Natural Vegetmed 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 Gre~erthan80,000 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 December 1, 2009 Page 30 Southold Town Board Meeting Minutes 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, be.m.'nning 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 iurisdictional 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 he difficult or impossible to replace. IlL 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. December 1, 2009 Page 31 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Oefeated William Ruland Initiator [] [] [] [] ~ Tabled vih~en~ ~i~d~ g~hder ~ ~ [] 13 [] Withdrawn Ailoert Kmp~i ~: ~t~ : ~ [:2 ~ [] [] Supervisor's Appt Thomas H. Wickham Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scoi~ Russell Voter [~ [] [] VI Next: Dec 15, 2009 4:30 PM VI. Public Hearings Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearing. RESULT: ADOPTED ]UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell PH 12/1/09 7:35 Pm - Minor Exempt - WCRL History: 12/01/09 Town Board ADJOURNED RESULT: ADJOURNED ]UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYE S: Next: 12/15/09 Next: 12/15/2009 4:30 PM Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Councilman Thomas Wickham COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 22nd day of September 2009, a Local Law entitled "A Local Law in relation to Amendments to the Minor Exempt Actions List of the Waterfront Consistency Review Law" and NOTICE IS HEREBY FURTHER GIVEN 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 1st day of December, 2009 at 7:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to the Minor Exempt Actions List of the Waterfront Consistency Review Law" reads as follows: LOCAL LAW NO. 2009 December 1, 2009 Page 32 Southold Town Board Meeting Minutes A Local Law entitled, "A Local Law in relation to Amendments to the Minor Exempt Actions List of the Waterfront Consistency Review Law". BE IT ENACTED by the Town Board of the Town of Southold as follows: 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 pamel. 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 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 w~ere t~eatened er December 1, 2009 Southold Town Board Meeting Minutes Page 33 H. I. J. V. W. X. ...... ~, ..... v ....... v .......................... , or within s cant coastal fish and wildlife habitat areas; 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; Minor temporary uses of land having negligible or no permanent impact on coastal resources or the environment; Installation of traffic control devices on existing streets, roads and highways; Mapping of existing roads, streets, highways, natural resources, land uses and ownership patterns; 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; 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; Routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment; 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; Collective bargaining activities; Investments by or on behalf of agencies or pension or retirement systems, or refinancing existing debt; Inspections and licensing activities relating to the qualifications of individuals or businesses to engage in their business or profession; Purchase or sale of furnishings, equipment or supplies, including surplus govemment property, other than the following: land, radioactive material, pesticides, herbicides, storage of road de-icing substances, or other hazardous materials; Adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list; Engaging in review of any part of an application to determine compliance with technical requirements, provided that no such determination entitles or permits the project sponsor to commence the action unless and until all requirements of this chapter have been fulfilled; 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; Adoption of a moratorium on land development or construction; Interpreting an existing code, rule or regulation; Designation of local landmarks or their inclusion within historic districts; Emergency actions that are immediately necessary on a limited and temporary December 1, 2009 Page 34 Southold Town Board Meeting Minutes 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 interferivvg 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 ''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 ~; 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. t~g~q~pJa~e Within all Town Creeks, replacement of existing bulkhead on the applicant's property in the same location with a siltcurtmn' deployed prior to and during construction; 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 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). December 1, 2009 Page 35 Southold Town Board Meeting Minutes Lot Area (sq. fi.) 0-20,000 20,000-40,000 40,000-60,000 60,000-80,000 Greater than 80,000 Minimum Buffer Width Landscaped Natural Vegetated 30 25 40 35 75 50 75 50 100 75 Table 2. Wetland Buffer Table for New Residential Structures (select one) Minimum Buffer Width Lot Area (sq. fi.) 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. fi.) 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 Gremerthan80,000 75 60 55 NATURAL PROTECTIVE FEATURE- A nearshore area, beach, bluff, primarydune, secondary dune or w~landandtheir vegetmion. 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 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 December 1, 2009 Page 36 Southold Town Board Meeting Minutes 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. We are proposing to put these in the law to avoid having to go through the lengthy LWRP process for these particular items. I have in the file a notice that this has appeared in the Suffolk Times as a legal, sworn on the 23ra of November. It has appeared on the Town Clerk's bulletin board despite the fact that we don't see the bulletin board out there. I have a note here from Mark Terry, the LWRP coordinator and also principal planner here. 'The Board of Trustees reviewed the amendments to the minor exempt actions list of the LWRP and would like to comment on these proposed amendments.' Excuse me, I beg your pardon. This is from the Southold Town Board of Trustees. It is addressed to Mark Terry. 'The Board suggests that in relation to properties that are in our jurisdiction (that means the Trustee's jurisdiction) the current December 1, 2009 Page 37 Southold Town Board Meeting Minutes proposed buffer tables would eliminate any yard areas and in most cases would be impossible to meet the criteria. Therefore this would be putting all applications before LWRP and making the process even more complicated and more time consuming for both applicants and staff. The majority of the Board recommends that these tables be used as a best management practice tool, not as tables in regard to LWRP minor exemptions. Currently the Board of Trustees reviews each application as it comes in and the decision of the size of the buffer is determined by many factors, for example, neighboring buffers, topographical aspects, distance between existing buildings and the end of the wetlands. We find this method to be successful. With regard to fences used to control nuisance wildlife, we suggest that this is not put in place until the Town Board comes up with specifications on such fences.' What I think the Trustees are saying here, with regard to fences, we suggest this not be part of this law that we are enacting until we come up with specifications on such fences. Is that what the memo says? Trustee Jill Doherty JILL DOHERTY: We are just, we don't know if that is the right time to put that in here now where everybody still is kind of confused on the nuisance fences that are popping up. Right now you have to go to the Building Department, Zoning Board and Trustees and LWRP but nobody really has an answer of you know, it is not allowed, these 8 foot high fences and until we come up with the, you know, unified specifications for these we should not be starting to stick them in our code. We should figure it out first and then have a unified in every department, have the same things. Specifications. That is all we are saying. COUNCILMAN WICKHAM: Okay but this law, as I understand it, proposes to put certain factors into the LWRP and define them as a minor action so that it doesn't go through the whole review process. MS. DOHERTY: Right. COUNCILMAN WICKHAM: Fences are one of those things that are now being proposed. Do the Trustees support removing it from that lengthy LWRP process? Fences? Or would you rather leave it where it is? MS. DOHERTY: We support removing it fi.om the LWRP process depending on what the Town Board specifies in the future. You know, if its, if you complicate it, we are saying let's figure it out first before we start sticking it here in the code or here in the code. COUNCILMAN WICKHAM: Okay. Thank you. I have a letter received by the Town on November 30 from the county department of Planning, 'pursuant to the requirements of sections of the Suffolk County administrative code, this application which has been submitted to the Suftblk County Planning Commission is considered to be a matter for local determination as there is no apparent significant countywide or inter-community aspect to it.' And a memo from Mark Terry to the Supervisor and the Town Board on this proposed law. This is dated November 30. 'The proposed amendments exempt so called minor actions fi.om local waterfront revitalization program coastal consistency review that integrate the best management practices into the design and or are insignificant in scale, practice or are located at a certain distance. Through compliance of the identified setbacks for best managed practices, the proposed actions December 1, 2009 Page 38 Southold Town Board Meeting Minutes meet or further the policies and the sub policies of the LWRP and are therefore exempt from review by the coordinator. The discretion of the Board's to review applications to the Southold Town code remains in full effect. It is important to note that the wetland buffer tables, tables 1 and 3, proposed within the amended local law were developed to exempt residential applications not located adjacent to New York State scenic byways, scenic view sheds important to the community or within coastal erosion hazard areas or VEAE fold zones. Residential applications within these areas are subject to numerous other policies and sub policies. The wetland buffer tables, together with other amendments proposed meet and further the policy 6.3 which protect and restore tidal and freshwater wetlands and more specifically a sub policy outlined below, and there are several different policies, in fact there are five of them listed down below. Based on all of the above, the local law that is under consideration tonight was reviewed against chapter 268, the waterfront consistency review of the town and the LWRP policy standards. Based upon the information provided on the consistency assessment form, submitted to this department, as well as the records available to me, it is my recommendation that the proposed action consistent with the denoted following policy standards and therefore is consistent with the LWRP.' And there are several policies that are referred to. Finally a memo fi-om the Planning Board, Martin Sidor chair, dated November 30th. 'The Planning Board has reviewed the above proposed legislation and fully supports the amendments, recognizing that the changes streamline the application process and exempt certain applications such as lot lines and activities that pose insignificant impacts to LWRP goals and policies.' I have in front of me a short environmental assessment form in the file and that completes the stuffin the file. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this particular public heating? Jill? JUSTICE EVANS: Are you going to talk about the buffer stuff?. Because that is what I don't understand. JILL DOHERTY, SOUTHOLD TOWN TRUSTEE: Yes, that is what I want to. In reviewing these changes, the Board of Trustees agrees with most of these changes (inaudible) and we have been working with Mark and we talked to Mark about the buffers and it is a difficult thing to explain and so Mark has come up with a scale but we feel it is not, the way it is written up, the way it is written up is not a practical use. In other words, for us to go through the process, it is going to make it more difficult and it's not, I mean, I can't even explain it, so imagine trying to explain it to our applicants on the buffers. If they meet this criteria, they don't have to go to LWRP. Most of the properties in this town will not meet this criteria, so they will have to go to LWRP. Most of the properties with existing buildings on it don't have the space between the building and the wetland to have this buffer and they wouldn't meet these, so they would have to go to LWRP. Then, what happens is Mark does his review and he would either find it inconsistent or he would find it consistent and recommend the width of the buffer and then if we don't agree with that width, meaning the Trustees, then we would have to come up with a way why we find it consistent. And the reasoning of the width of the buffer we are coming up with. And it just kind of puts us back and forth with each other and it is not helping the applicant. It is not helping the process. We are trying to smooth out the process here and make less government and it seems to be making more. December 1, 2009 Page 39 Southold Town Board Meeting Minutes COUNCILMAN KRUPSKI: Where did the numbers come from? Because I am reading from the memo here from Mark Terry to Supervisor Scott Russell and it directly quotes a section of the LWRP and there is a subsection, policy 6.3, protect and restore tidal and freshwater wetlands subsection d, okay, and it talks about buffers, adequate buffers, alright? The adequacy of the buffer depends on the following factors, direction and flow of surface water between use and adjacent or nearby wetlands. Buffer widths may be reduced in areas where drainage patterns normally do not lead directly to the wetlands where adverse effects to the wetland, other than those due to nmoff, are not likely. So that says there you can't put a number on it. You have to go and determine it in the field. MS. DOHERTY: Right. COUNCILMAN KRUPSKI: So how can you put a number on this? Where did these numbers come from? MS. DOHERTY: I don't know. I would defer that question to Mark Terry but that is our point exactly is that it just makes it too confusing. It is just too much in there and we need to make it simpler, the wording. COUNCILMAN KRUPSKI: It is actually contrary to the LWRP. MS. DOHERTY: Right. Right. COUNCILMAN WICKHAM: Jill, when you are finished, I would like to ask Mark if he could explain how these buffer tables actually work. MS. DOHERTY: Sure. If you have any other questions, you can let Mark explain. COUNCILMAN WICKHAM: We can call on you again. Marrk Terry, Planning MARK TERRY, SOUTHOLD TOWN PLANNING BOARD: Good evening. The question was where did the buffer tables come from? Over the past few months, the LWRP coordinating council and the LWRP coordinator, myself, have researched buffer science across the country. It is an inexact science. Basically what it says is the wider the buffer and the more dense in species composition within the buffer makes it a more effective buffer. So in an attempt to reduce the number of applications that come through the LWRP process, we said okay, why don't we set the rules at the door and tell the applicants what we are looking for. So if you can meet the 25 foot buffer and it is a natural vegetative buffer which you leave up your existing vegetation or it is a landscaped buffer, you get to bypass the LWRP process. I no don't have to spend the hours doing it, writing the review and it goes up to the Trustees. Now these buffer tables were proposed with a sense of reasonable distance from a water body or a top of bluff and I must say, they are on paper but in practice as we go through them, they are certainly amendable. So if the Board would like to put them in as bmp's over the next couple of months or half year, six months, we can move forward in that direction and see if they will work in some properties. December 1, 2009 Page 40 Southold Town Board Meeting Minutes Like Jill said, they are not going to apply everywhere. They will apply where the (inaudible) flood zone occurs, if the applicant says, okay, I will put a 25 foot natural vegetative buffer in and I don't have to go through the review process, fine. (inaudible) COUNCILMAN WICKHAM: You suggested we could, if we wanted to, put this in as a best management practice rather than putting it in the code the way it is drafted? MR. TERRY: Right. COUNCILMAN WICKHAM: If we did that, all applications would have to be LWRP reviewed, isn't that right? MR. TERRY: That is correct. What I would do though is I would have a much shorter review. I would say, provide a buffer (inaudible) leave it up to the Trustees to start implementing (inaudible) memorandum of agreement and then we will move on from there. I know the policy is being furthered .... COUNCILMAN WICKHAM: I see. I see. COUNCILMAN KRUPSKI: That is acceptable. COUNCILMAN WICKHAM: It is acceptable but I would still support putting it right into the law and exempting them entirely from review, provided they meet the table... COUNCILMAN KRUPSKI: See, the better way, what Mark suggested is to put it in as best management practices and then let the Trustees and Mark who is the coordinator, review this over a period of time and then refine it into something that is even better. MR. TERRY: The point is to get the widest, most effective buffer up against the water bodies. Once that is accomplished, they will still need further LWRP .... COUNCILMAN KRUPSKI: But as section 6.3 and the subsection D 5 states, other management measures for design alternatives to protect wetlands from adverse affects where site constraints do not allow sufficient buffer width, so I am sure the Trustees as they did before, back in the day, take into account different strategies to control upland runoff, besides the buffer width. So if you have got, you know, drywells and gutters in the house that run directly on to the lawn that run directly overboard and you put in a buffer and you contain your drywell runoff, that significantly contributes to the amount volume of runoff, then that is furthering the policies. But it might not give you the buffer width that is required in the table and yet you don't need that because you have reduced your runoff through other measures, so you... SUPERVISOR RUSSELL: Just so we understand though, the buffer width in the table is not required, it is simply required to get a pass. From the LWRP coordinator review. The Trustees are still very much a part of this process. So all those factors and those mitigating factors and steps that we can take, are still very much part of the application process with the Trustees. It is December 1, 2009 Page 41 Southold Town Board Meeting Minutes just that it is an application that doesn't have to go to Mark. And one less bureaucratic review. No offense on the bureaucratic, you look smashing in your power yellow tie. But that is the reality. It is an imperfect, you know, it is a science. MR. TERRY: The key, Al, is that the chapter 275 still applies, discretion still applies. This is taking a policy and saying, okay, if you come in, you meet the policy with this buffer, if you can fit it within your site plan... SUPERVISOR RUSSELL: If you can't, we are no different. JUSTICE EVANS: You don't have to have the LWRP part of it but you still have to have the Trustee part of it. COUNCILMAN KRUPSKI: Mmmhmm. SUPERVISOR RUSSELL: The idea, I thought, was to reduce the volume of work that goes through LWRP? COUNCILMAN WICKHAM: Yes. SUPERVISOR RUSSELL: But I understand, you know, if there is an interest in tabling this to revisit the tables, that is fine with me. But I don't want to lose the other parts or the other goals that are here which is to get some of this stuff that is really unnecessary out of LWRP review. You know, that is really what the goal is, to just take some of the stuff out of the aegis of the LWRP. But I don't have an aversion to tabling if we want to take another shot at those tables to better understand them. COUNCILMAN ORLANDO: Refine them and work on them a little bit. SUPERVISOR RUSSELL: Yeah, that is fine. COUNCILMAN KRUPSKI: I have a few other questions if we are done with the table discussion. Dave has a comment. Trustee Dave Bergen DAVE BERGEN, SOUTHOLD TOWN TRUSTEE: With regard to the table discussion, first off, I want to commend Mark on the job he has done on this. I think he has done a great job and commend the Town Board also for trying to achieve the goal of reducing the number of applications or projects that have to go through LWRP review because it is making government simpler by doing that. I think, Al, you hit the nail on the head. Much of what I was prepared to say, you have already covered with the research you have done. I also felt that if these tables were just listed as best management practices so that the applicant can see what our goals are and see if their properties can meet those goals, taking into consideration all the different factors that that property has then this is something that could be utilized, I think would be very good for the town. But did not have these written as, as Tom said, as in a code rather best management practices. December 1, 2009 Page 42 Southold Town Board Meeting Minutes COUNCILMAN WICKHAM: I, I am surprised because I had always thought the Trustees were among, in the vanguard of those that would like to make the whole LWRP process simpler and less involved with people. MR. BERGEN: Absolutely. COUNCILMAN WICKHAM: I understand the content of your comment to not go in that direction .... SUPERVISOR RUSSELL: Well, it is just in a different way and a more complete and meaningful way. What I would recommend is deleting section KK, which I believe is the entire reference to the tables and setbacks, but the other aspects of the LWRP adopting tonight, ton continue the amendment of the other aspects of the LWRP. But striking KK and then we will take up the issues of the bmp's .... COUNCILMAN ORLANDO: A lot of acronyms flying around. Bmp and KK... COUNCILMAN WICKHAM: Have you given much thought how to incorporate them as best management practices in the language of the law that we have? MR. TERRY: Within the language .... COUNCILMAN WICKHAM: I mean, we have got a law in front of us with a public hearing tonight, we are going to .... MR. TERRY: They were proposed as your residential structure is located adjacent to a water body then your buffer has to be, your minimum buffer should be x amount of feet wide. That is the way (inaudible) but incorporated as far as (inaudible) that would be difficult. There has got to be an agreement between I guess the program and council with the Trustees. Inaudible. SUPERVISOR RUSSELL: You know what makes sense and Albert, inaudible and yourself suggested that this can be incorporated in another way which will still make the process simpler and easier, the bmp's. I don't have a problem with that. I suggest that we just strike that section KK and move on with the rest. JUSTICE EVANS: If you keep it in there, you are just exempting them from the LWRP review. COUNCILMAN WICKHAM: That is right. JUSTICE EVANS: So I don't understand why you take it out. Anything else that falls under the LWRP review and the Trustees still have review of the whole thing. It is just one less step for the applicant. SUPERVISOR RUSSELL: Peggy, do you want to comment? December 1, 2009 Page 43 Southold Town Board Meeting Minutes COUNCILMAN KRUPSKI: I don't think necessarily because if you had, let me just take a shot at this, if you have an existing home and you rebuild it but you can't meet because of your lot size, you don't have to meet a specific number, you have to go out in the field, the Trustees have to go out in the field and review it. Say you redo your bulkhead during the course of it and you put in a 15 foot non turf buffer, you have complied .... JUSTICE EVANS: But you are still going to have to go through LWRP. COUNCILMAN KRUPSKI: But you have complied with it by doing that. But if you put these numbers in here, then you haven't complied with it because then you need a 30 foot buffer .... SUPERVISOR RUSSELL: If you take the whole table out, you still have to go through LWRP one way or the other. JUSTICE EVANS: Exactly. But if you leave it in, at least some people .... SUPERVISOR RUSSELL: It might be too tiny a step but it takes a step in the fight direction if it is schooling us from LWRP review. COUNCILMAN KRUPSKI: Let's hear from the people who have to deal with it. JUSTICE EVANS: Do you understand what I am trying to say? COUNCILMAN WICKHAM: I agree with you. Trustee Peggy Dickerson PEGGY DICKERSON, SOUTHOLD TOWN TRUSTEE: I just have to come up and say that for one of the last times. I do agree some of the wording needs to be worked on, however, Al, I think you are being very optimistic as you usually are, that after 8 years of being out in the field and discussing buffers its sometimes difficult when someone is saying to you, I don't want this much of my lawn to give up, I would rather have this much. And you go back this way and you go back this way and then there are LWRP requirements and that is this wide and the applicant wanted, so it becomes a discussion and this brings it to something more specific. I think the other thing that has happened over the last eight years is that the more times we have had standards to look at, that have been recommended by Mark Terry and have been based on science, the more applicants are coming in and they l~ave already met those standards because they are aware of them and so I think that what this does, as Mark says, is giving the applicants an idea, as Louisa was saying, what is a buffer and what is the best buffer? The science says the widest and it is hard to take lawns away from applicants but that is what the recommendation is and I think this chart gives us those details that are needed. As Louisa said again and Tom, this is just an exemption. If people come in, they have new construction, they can go to this chart and say, okay, we are going to follow it and we are exempt. JUSTICE EVANS: It only exempts you from the LWRP, right? December 1, 2009 Page 44 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: That is right. It is not exactly a pass to a building permit. MS. DICKERSON: But I think it also emphasizes the importance of buffers which I think sometimes is misunderstood and again, over the eight years of having many a many buffer discussion, more times than not I would like to see them wider and it doesn't always end up that way, so I think these details are important. COUNCILMAN KRUPSKI: I do have one question about them, I don't know if you can answer it Peg or if Mark has to answer it, it says adjacent residential structures located adjacent to the New York state designated scenic byway, now does that mean that, do these, I don't know what that means. What are the requirements here? Mark Terry, Planning MR. TERRY: It says residential structures that are not located within the CEHA because of other policies that deal with that... COUNCILMAN KRUPSKI: Right. MR. TERRY: The New York state scenic byway because of other policies that deal with that and the VEAE flood zone because of other policies that deal with that, if you come in and you are not located in those three areas and you put in a 25 foot natural vegetated buffer on a 0 to 25,000 square foot lot, you are exempt from the LWRP and gutters and leaders and pervious driveway, you are exempt from the LWRP and you go through the Board of Trustees and they can, per the policies which is their charge, this is coming through as a recommendation, they can per their policies by even manipulating the site plan further with bmp's. COUNCILMAN KRUPSKI: But I don't, see I don't understand where this comes in with scenic view shed important to the community. Who is determining that? MR. TERRY: Scenic view shed important to the community, that is public parks, that, we determine that. Like if you have a park district on the water, there may be a very large structure going up against it, things like that. And we didn't think that it was prudent to exempt those type of applications from the LWRP process because other policies would comment on that type of application. COUNCILMAN KRUPSKI: But, so I don't understand, if you live across the street from a town or municipally owned piece of property, then someone could object to your putting on anything? Doing anything. SUPERVISOR RUSSELL: I am just disappointed... COUNCILMAN KRUPSKI: I don't understand that. SUPERVISOR RUSSELL: The LWRP did not create that scenario. Adoption of scenic byways and other programs over the years has. December 1, 2009 Page 45 Southold Town Board Meeting Minutes COUNCILMAN KRUPSKI: This is separate from scenic byway even. This is a scenic view shed important to the community. I am just trying to wonder who is going to make that .... COUNCILMAN ORLANDO: That is open for interpretation. MR. TERRY: That is open for interpretation. However, I have... COUNCILMAN KRUPSKI: But someone has got to pull the trigger on that and say this is important and they shouldn't go that far. Who is going to make that determination? That is what I want to know. SUPERVISOR RUSSELL: That is something that we need to ferret out. You know, legislation that has been passed historically at this Board level by previous boards. I think people are confusing the LWRP as being the new law. It is not, it is the collection of all the existing laws. JUSTICE EVANS: Well, it is a concern of some of the Trustees that by putting this buffer as an exemption that people that come in for permits will feel like that is giving them a bye all the way through, then the Trustees have no say in changing what they are doing? COUNCILMAN ORLANDO: It will still go through the Trustees, they just don't get the LWRP review. JUSTICE EVANS: I don't understand, I am confused. SUPERVISOR RUSSELL: Again, we are taking steps to exempt things. This doesn't, you know, the New York state, we have the scenic by-ways, there are policies in place that already govern that, that we didn't dare (inaudible) but yeah, we need to get to the bottom of that. But again, these are the things that we are trying to get, it may be baby steps but steps to get them out from under the LWRP review. Dave? Trustee Dave Bergen MR. BERGEN: If I could just attempt to address Louisa's questions from my perspective. When projects come in for review, obviously I think it is best for both the owner of the property and the town if it is either determined to be consistent or exempt. It is when it is determined to be inconsistent, that's when the work begins on trying to, the Board, whether it is the ZBA or whether it is the Trustees or whoever, trying to bring it in to consistency. And when we have the table that states here are minimum buffers, the concern that I had was, again, if these are not looked as best management practices but as tables that we are going to go by, when applications come in that are reviewable, in other words they wouldn't fall under here, they are reviewable, and then this table is used saying well, these are the buffers you need, if not they are going to be determined to be inconsistent. COUNCILMAN WICKHAM: No, that is not what it says. MR. BERGEN: I am looking towards the future. December 1, 2009 Page 46 Southold Town Board Meeting Minutes COUNCILMAN WICKHAM: But that is not what this law says. MR. BERGEN: I understand that. SUPERVISOR RUSSELL: In fact, strike that, then it is all inconsistent anyway. COUNCILMAN KRUPSKI: Right. MR. BERGEN: Inaudible. SUPERVISOR RUSSELL: But if we strike the section KK, then it is all inconsistent anyway and ends up on Mark's pile. JUSTICE EVANS: It is not saying that you have to meet these standards to be consistent, it is just saying if you meet these standards, you are exempt. COUNCILMAN WlCKHAM: You get a bypass. MR. BERGEN: Yes and I understand that. I understand that. I just, when we get through the tables, I wanted to return to one other section in here. COUNCILMAN KRUPSKI: If we get through the tables. Trustee Jill Doherty MS. DOHERTY: I just want to try to clarify what Dave is trying to say is once these tables are set in here, they need to be more clarified before we have them set because as we work through them and find out what works and what doesn't, it is just hard to explain. We feel it is going to be hard to work with and to find it inconsistent and then how are we supposed to mitigate that and try to find it because there are so many areas and properties in town that don't meet this... SUPERVISOR RUSSELL: Under the current code... MS. DOHERTY: Right. SUPERVISOR RUSSELL: They are inconsistent now, without the exemptions. MS. DOHERTY: Right. SUPERVISOR RUSSELL: They are all inconsistent, so you do the mitigation and then you do all of that now .... MS. DOHERTY: But we don't have, excuse me for interrupting but we don't have exact guidelines, we go by our policies and what our review is. COUNCILMAN WlCKHAM: And you should continue to do that. We are not changing anything about that. The Trustees should still use exactly the same criteria that they used before December 1, 2009 Southold Town Board Meeting Minutes Page 47 and we am not trying to interfere with that. What we are saying is if an applicant comes in and just fits within this table, you can deal with it but it doesn't have to go through the LWRP process. MS. DOHERTY: Right, I understand that but, okay, I mean, maybe we can just take out KK for now and try to reword it to make it clear because we work with the public directly and we know this is going to be confusing to them. It is confusing to us and it is going to be confusing to them. So we need to work on the wording of this, to make it more clear and simpler and I think that is what our point on this thing is. It is not so much that we are not saying we are against buffers, we just put a 50 foot buffer on a property a couple of months ago, so it is not the buffer and the science behind the buffer, it is the wording of this and the way we are going to use it. SUPERVISOR RUSSELL: It is really terms such as consistent, inconsistent, I know that has been a source of confusion for people since this had been adopted by the previous Board. Would anyone like to address the Board on any of the other aspects? Yes, Gail. Gail Wickham, Cutchogue GAIL WICKHAM: Good evening. Thank you. My name is Gail Wickham from Cutchogue and I have to tell you that if I were addressing you after my first reading of this, I would probably be screaming at you. I am not going to do that but I have to say .... COUNCILMAN KRUPSKI: That wouldn't help at all. MS. WICKHAM: No, I know. I know. I read this much more differently, from a different perspective from what I am heating and I certainly understand that you want to comply with the title of this to simplify and expand on the definition of minor exempt actions and take them out but the LWRP is a monster of government regulation and I think that what has happened here is in trying to define what is exempt you have set a very complicated and exhaustive list of definitions that vastly increase the regulation that the LWRP can impose upon a private property owner and it is not just waterfront property, it is scenic byways properties on the Main Road, Route 48, Sound Avenue. So in trying to exempt things, that is a good thing because it gives you something that Mark can put off his desk and not even have to have come on his desk. But then when you say, except or unless, you are adding this whole other umbrella of regulations that really restrict things like being able to mow your lawn and when you put a number on the table and say if you have a two acre piece of property, 100 foot buffer is the standard for LWRP consistency. This is going to mean something to somebody in a regulation and now I am going to have to fight you to say it should be less than 100 feet. So you are imposing a standard that I think is not necessarily matched in science or what the environmental protection might be depending on the slope to the bay, there are a number of other examples here, for instance, as I see it, this whole protective natural feature definition. You are setting up setbacks from a whole other category of demarcation that I don't quite understand. You're apparently, we are losing the right to replace a bulkhead on the bay because you said it is only within town creeks that you can replace the bulkheads without going to LWRP, so and what is interesting about this KK, another thing, that scenic view shed is really scary to me, I don't know what that is. But that should be .... December 1, 2009 Page 48 Southold Town Board Meeting Minutes COUNCILMAN KRUPSKI: It doesn't say what it means. MS. WICKHAM: It doesn't and just because I happen to have a piece of propex~y I want to put an addition on on the Main Road that people like to look at, is somebody going to tell me I can't do it because it is going to interrupts the view of somebody passing by. I don't think so, it is not legal to do that. The public doesn't have an easement view. SUPERVISOR RUSSELL: I think people badly misunderstand this law and the existing law that is out there. Incidentally, the current setback for all waterfront properties is 100 feet. Everything is 100 feet. The Trustees have the right to vary that. MS. WICKHAM: They regulate what that means. They have a right to look at it and decide. SUPERVISOR RUSSELL: And they still would when we pass this. The idea is this is only one, and I agree with you on the LWRP, it is a bureaucratic quagmire, it is awful. But the idea was to remove some of the LWRP review from some of the applications. We don't create anything new here. The scenic byways was passed in, I believe the mid 80's. MS. WICKHAM: I get that. I think that is a laudable goal, I just think that it went overboard in trying to define it but, because you do have all kinds of other regulations in this area. You have the town Trustees and some extent the Planning and ZBA, you have the... SUPERVISOR RUSSELL: It doesn't create new regulation, the scenic byways was created long before the LWRP was. MS. WICKHAM: I understand that but it is another gamut of regulation that is just out of control. JUSTICE EVANS: That exist. SUPERVISOR RUSSELL: Yeah, that exist. MS. WICKHAM: I know it exists. I know it exists. That is the problem. Maybe we .... SUPERVISOR RUSSELL: It is a problem, it certainly is. But this didn't create it, it doesn't advance it. COUNCILMAN WICKHAM: In fact, this is... MS. WICKHAM: I know it is an attempt to reduce it .... COUNCILMAN KRUPSKI: But you see, what you said about the scenic byway, if you read KK, 'residential structures not located within a scenic view shed important to the community' is you know, that would be exempt. Well, you are never going to have anything built anywhere in this town, if someone, the neighbor is not going to say that is an important view shed to me and December 1, 2009 Page 49 Southold Town Board Meeting Minutes so now it is not exempt. So in other words, nothing is exempt. MS. WICKHAM: Well, anyways, those are my preliminary comments. SUPERVISOR RUSSELL: And so we can not pass the law and nothing is exempt and we are back to square one. COUNCILMAN KRUPSKI: I think we should table it for two weeks and try to work KK out better so that it doesn't, because, and the way it is, and you can disagree with me Mark but doesn't that mean nothing would be exempt then? Because the neighbor is going to say that is a scenic view shed that is important to me. SUPERVISOR RUSSELL: You have to remember .... MarkTerry, Planning MR. TERRY: The intent and the direction from the Town Board was .... SUPERVISOR RUSSELL: The reference to the scenic view shed which I understand all the concerns about, but those concerns needed to be raised when this thing was passed 20 years ago. That would be, generally two jurisdictions review scenic view sheds. The Planning Board as part of the subdivision process or the Zoning Board of Appeals as the result of an application. The Building Department does not review the scenic view shed. They are not encumbered by that law. Therefore, a private property owner that wants to build a house can still come in to the Building Department and get the building permit. All this does would be saying, look, if there is an issue here for the Planning Board or the Zoning Board of Appeals, the scenic view shed, we are not excluding that, we still want Mark to look at it. Well, maybe we don't, we can exclude it entirely but you are still stuck with that law. This doesn't create the law, it doesn't advance the law. I think there is so much misunderstanding and that is the problem when they passed this LWRP, they passed this at the 11th hour of a previous administration without any explanation to the public at all. And tonight is just another example of how this whole thing was badly misplayed. COUNCILMAN KRUPSKI: Alright, but doesn't that, you know what I am saying if it is our intent to exempt something, this doesn't exempt any residential structures. The way it is written. SUPERVISOR RUSSELL: But the Building Department doesn't review them on the scenic view shed .... COUNCILMAN KRUPSKI: No, it is not the Building Department, it would be the LWRP. SUPERVISOR RUSSELL: No but who sends it? There has to be an agent who sends it to Mark. MR. TERRY: The Trustees, Planning. COUNCILMAN KRUPSKI: The Trustees... December 1, 2009 Page 50 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Or the Zoning Board of Appeals. COUNCILMAN KRUPSKI: So I think, I have a few other items in here that are little items that I think should be changed but I would rather table this and try to meet and try to make this, the KK section, work a little smoother so it works for the applicant and it works for the Town. Because I don't think it works for anyone right now. But I do have a few other small... SUPERVISOR RUSSELL: I think there is probably a consensus here to table this but I really want to hear what the public has to say. Would anybody else like to comment on section KK of the LWRP, ASAP? (No response) COUNCILMAN KRUPSKI: I have a couple of other comments. SUPERVISOR RUSSELL: I just want to make sure the public gets heard before we... COUNCILMANKRUPSKI: Section268-3 under minor actions E. The maintenance of existing landscaping or natural growth. The new change is if it is not located within 100 feet of the boundary of a protective natural feature, it should say natural protective feature I think anyway but I think that means you couldn't maintain your existing landscaping or natural growth. I think everyone is inconsistent there. I think you really have to strike out within 100 feet and just put that it is not located within a natural protective feature. Or am I reading that wrong? JUSTICE EVANS: You are saying you are exempt if it is not within that 100 foot boundary? COUNCILMAN WICKHAM: What Albert is saying is, delete the 100 feet. Just say if it is not within the protective feature itself. COUNCILMAN KRUPSKI: Right. COUNCILMAN WICKHAM: Why do you need that 100 foot? COUNCILMAN KRUPSKI: Right. If it is existing landscaping, you should be able to maintain it without LWRP review. SUPERVISOR RUSSELL: Yeah, I agree. I just don't know where that would be an issue. COUNCILMAN KRUPSKI: Well, it is new. That is a new change. That's, it shouldn't, yeah. Trustee Dave Bergen MR. BERGEN: Just to complicate that further, under 275 and I am sorry I don't have a copy of 275 in front of me, routine maintenance in the existing landscape and natural growth is exempt from even an application for a permit. COUNCILMAN KRUPSKI: Yeah. December 1, 2009 Page 51 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: So there is no need to raise objection to the reference. MR. BERGEN: There is no need for review because there is no need for a permit. COUNCILMAN KRUPSKI: Right. So could we strike part of that? COUNCILMAN WICKHAM: Unless it is within the protective feature. COUNCILMAN KRUPSKI: Yeah, right, unless it is within that protective feature then you want to review it. But this is within 100 feet of it. Which shouldn't be reviewed. COUNCILMAN WICKHAM: Mark, can you comment on this? COUNCILMAN ORLANDO: I don't think he wants to. COUNCILMAN KRUPSKI: Unless I am reading it wrong. To me it seems like you are going to need review. It is not going to be a minor action if it is within 100 feet of a natural protective feature. SUPERVISOR RUSSELL: It is just important to remember that these exemptions do not add any new layers of review to the .... COUNCILMAN KRUPSKI: No, this is a new, it is a change though. SUPERVISOR RUSSELL: But it is still, there are no means for review because you don't have to come in... COUNCILMAN KRUPSKI: But it shouldn't be changed then. COUNCILMAN WICKHAM: I think we are going to have to table it. COUNCILMAN KRUPSKI: Okay and there is one more, well, there are a few more things here. Just, this is a nitpicking one, FF, cut phragmites to greater than 12 inches and vegetative restoration. The changes provided that native wetland vegetation species are not affected or disturbed in any manner, well, they will benefit from it. So they will be affected. So maybe you say just not, that native wetland vegetative species are not adversely affected or disturbed in any manner, alright? And then HH, no forget that, no, JJ. This one doesn't make sense. Construction or installation of drainage improvements, for the retention of stormwater runoff in accordance with chapter 236 provided that such improvements are located more than 50 feet from the boundary of a natural protective feature. See, most stormwater improvements are going to be closer than that because by their nature, they can be located right adjacent to the natural protective feature. And since they are stormwater improvements, they shouldn't really have to be reviewed. JUSTICE EVANS: Well, but they are now anyway. December 1, 2009 Page 52 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: They are reviewed now. what this does is it makes them unreview .... COUNCILMAN KRUPSKI: No, no, no, strike out the 50 feet. SUPERVISOR RUSSELL: They are all reviewed by Mark... COUNCILMAN KRUPSKI: No, no, no, no. No. if you leave the rest in, if you just put construction or installation of drainage improvements for the retention of stormwater runoff in accordance with chapter 236, that is it. So these would be exempt because you are putting in a stormwater improvement. Take out the 50 feet because the, you are making it more difficult already. You shouldn't have to review it because it is close to a natural protective feature, that is maybe where you have to put the stormwater .... SUPERVISOR RUSSELL: Under current code, .am I required, if I want to install stormwater mitigation 30, 40 feet away from a wetland boundary, do I need to come to the Trustees? UNIDENTIFIED: Inaudible SUPERVISOR RUSSELL: Alright. COUNCILMAN KRUPSKI: We did it. SUPERVISOR RUSSELL: Do I need to come to Mark? COUNCILMAN KRUPSKI: Now you do. SUPERVISOR RUSSELL: Within the first 100 feet, right? UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: So what we are saying is, we are cutting it in half. If you want to do it, if you want to do it 51 feet out, you don't need to go to Mark. JUSTICE EVANS: I know but... COUNCILMAN KRUPSKI: Yeah but where is the guide? You (inaudible) like water wash, you have to go at the top of the ramp. So that is where it has to go. You couldn't move it back to 51 feet. JUSTICE EVANS: A1 is saying don't go to Mark at all if it has to do with water runoff. SUPERVISOR RUSSELL: Just go to the Trustees. December 1, 2009 Page 53 Southold Town Board Meeting Minutes COUNCILMAN KRUPSKI: Right. SUPERVISOR RUSSELL: Okay, Mark does that seem reasonable? It does to me if the Trustees are already reviewing it but I think you are going to be giving people this misunderstanding that somehow you can do it without review now, if we strike the .... COUNCILMAN KRUPSKI: No, no. SUPERVISOR RUSSELL: Fifty feet doesn't .... COUNCILMAN WICKHAM: I think this is just going to require another meeting. SUPERVISOR RUSSELL: We are going to require a heck of a lot of clarification. MR. TERRY: Scott, it is reasonable but chapter 236, I cross referenced all the chapters for consistency with the town code with these applications, so in my detailed review, I do pick up things and point them out to the Trustees for their benefit, as well as the Town's benefit and the applicants benefit. So they don't get violations down the road. So that is saying within chapter 236, provided such improvements are located 50 feet from the boundary of a natural protective feature, I think it is qualified in chapter 236 as somewhere, as 50 feet distance but I could double check that. And back to the outside the 100 foot or within the 100 foot, we have coastal systems, we have a very large coastal plain, some people clear within that coastal plain and then submit maintenance and mitigation plans that they want to do different things with their property. That is where we would catch that, in relation to those areas outside of Trustees jurisdictions, when we review certain applications. COUNCILMAN KRUPSKI: Alright, one more... MR. TERRY: Inaudible, the Planning Board and the Zoning Board of Appeals. COUNCILMAN KRUPSKI: One more thing. Pervious non-turf buffer, a land area of a certain height and width comprised of sand, stone or permeable pavers, range in such a manner to allow for maximum percolation of stormwater runoff into the soil. Can we add decking to that? Because some people put in you know, like landward of a bulkhead, people put in decking and that acts as a you know, a non-turf buffer. MR. TERRY: Inaudible. I guess we are going to code committee with this? SUPERVISOR RUSSELL: Evidently. But I think people need to understand that a lot of these laws have been around for a long time and when the LWRP reveals them for the first time, people said oh, the LWRP created that law. It is not really how it worked and then again, the failing of how it was set up. COUNCILMAN WICKHAM: Scott, instead of code committee, what about the LWRP council as the venue to review this? December 1, 2009 Page 54 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Because I think at this point they have done their work, they are certainly welcome to come to the code committee but it has to be a document that we are ready to pass as a Board. Jill? Trustee Jill Doherty MS. DOHERTY: Just a comment on the decking. We have been allowing that, as you know but we have the spacing of the decking (inaudible) COUNCILMAN KRUPSKI: Sure. MS. DOHERTY: We can put that in so it is consistent with Trustee policy. COUNCILMAN KRUPSKI: Sure. Yeah. SUPERVISOR RUSSELL: I just want to make sure that everybody has been heard on the LWRP. Okay. Oh, Dave. Trustee Dave Bergen MR. BERGEN: Just one last item under Z, split rail fences or fences to control nuisance wildlife, just to clarify when this, if this goes to the code committee if the code committee will please consider current code because under chapter 275 currently you are not allowed to put nuisance fencing down to the foreshore and I would like to see that amended because of what is happening with deer over-running our population here, I would like to see the code committee address that part of the code. So that nuisance fencing is, in other words .... SUPERVISOR RUSSELL: Then we should leave it in there because any change in the legislation would automatically exempt... MR. BERGEN: What we have kind of done is cart before the horse here. You know, we have the code that says you are not allowed to have nuisance fencing down to the foreshore yet you are saying that is exempt under the LWRP for review but right now it is not allowed under code. So what I am saying is adjust the code. SUPERVISOR RUSSELL: Yeah but there are also other aspects where nuisance fencing should be exempt. You are allowed to exceed 6 feet if you go to the Zoning Board of Appeals, things like, in other words, there is already venues for those. That would remove, the ZBA needs to send it to Mark etc. MR. BERGEN: I am just talking about 275. Thank you. SUPERVISOR RUSSELL: Okay. Any motions? COUNCILMAN KRUPSKI: We might want to table it because the changes that come out, we are going to get a lecture from Martin as to whether or not we can, we need to re-advertise or not. December 1, 2009 Page 55 Southold Town Board Meeting Minutes Town Attorney Martin Finnegan TOWN ATTORNEY FINNEGAN: I think we should adjourn it. Inaudible. We noticed it 60 days ago because, depending on the changes, we may have to resubmit this whole thing for review by the state. Couuncilman Krupski COUNCILMAN KRUPSKI: But you might not. Supervisor Russell SUPERVISOR RUSSELL: Don't forget we still have to run to Bill Sharp and get permission. Councilman Krupski COUNCILMAN KRUPSKI: might not be substantial. But you might not have to re-advertise. The changes you make Closing Statements Supervisor Russell SUPERVISOR RUSSELL: What I would like to do now is, you have been very patient. Thank yon. Peter Bell, Cutchogue PETE BELL: Pete Bell, Cutchogue. I have seen a couple of close calls on traffic situation near the farm stands and it involves people crossing. Parking their cars on the other side and they are walking across to the farm stand, so I just happened to be in Amagansett and this is what I saw over there. Inaudible. COUNCILMAN KRUPSKI: Thank you. MR. BELL: I was in Amagansett (inaudible) put the signs west if you are mining east, put them west of the market, if you are going west you put them east, so that the cars that are coming down will have an indication that they can't pass on the right and therefore they won't come in contact with people that are crossing. That is all I want to say. SUPERVISOR RUSSELL: I want to thank you for that. The first thing I am going to do is send it to the Transportation Commission, the local Transportation Commission and the second thing I will do is distribute it to the county Department of Public Works because of the county road and the New York state DOT because of the state road and make those requests. And you know, this is the law right now, no passing on the right unless someone is making a turn but we need to reemphasize that even when someone is making a mm you can't pass on the right because there is just no shoulder there and you are right, I see the close calls all the time particularly in the busy season. Thank you very much. MR. BELL: Inaudible. SUPERVISOR RUSSELL: Thank you very much. Benja. December 1, 2009 Page 56 Southold Town Board Meeting Minutes Benja Schwartz, Cutchogue BENJA SCHWARTZ: Good evening, folks. I am going to make this very short tonight, I could stay here all night but to make a long story short, my name is Benja Schwartz. And on the way here, I pulled up the town's website. Well, those web designers, they are very tricky. They have a little thing on the website that tells you what day it is. So I was interested to learn that we are now in the year of 109 according to the Southold Town website. November 1, 109. So that, you know, it is not fimny. And the whole subject you know, the website having someone doing the website who knows what they are doing, when are we going to stop joking around and get real? Councilman Wickham COUNCILMAN WICKHAM: It is important. MR. SCHWARTZ: Thank you. SUPERVISOR RUSSELL: Okay. Can I get a motion to adjourn? 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 8:47 P.M. Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell