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HomeMy WebLinkAboutAG-12/15/2009 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER www.southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER FINAL AGENDA SOUTHOLD TOWN BOARD December 15, 2009 4:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. CALL TO ORDER 4:30 PM Meeting called to order on December 15, 2009 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrival ??? Councilman William Ruland ??? Councilman Vincent Orlando ??? Councilman Albert Krupski Jr. ??? Councilman Thomas H. Wickham ??? Justice Louisa P. Evans ??? Supervisor Scott Russell ??? Town Clerk Elizabeth A Neville ??? Town Attorney Martin D Finnegan I. REPORTS 1. Judge Bruer Monthly Report November 2009 2. Program for the Disabled November 2009 3. Town Clerk November 2009 4. Special Projects Coordinator November 2009 Southold Town Meeting Agenda - December 15, 2009 Page 2 5. Dept. of Public Works November 2009 6. Zoning Board of Appeals November 2009 7. Human Resource Center October 2009 8. Building Dept November 2009 9. Board of Trustees November 2009 II. PUBLIC NOTICES 1. NYS Liquor License Renewal Agia Varvara Inc. d/b/a Delicious, 24375 Main Rd., Orient III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 A.M. - John Cushman Budget Update 2. 9:30 A.M. - Phillip Beltz Emergency Evacuation Policies & Procedures 3. 9:45 A.M. - Jim McMahon Cochran Park basketball court 4. 10:00 A.M. - Land Preservation Committee Recommendation for Bidding Process 5. 10:15 A.M. - Land Preservation Committee Bittner Demolition Project 10:30 A.M. - 11:15 A.M. BREAK Southold Town Meeting Agenda - December 15, 2009 Page 3 6. LWRP Exemptions Follow up/ Combined Meeting 7. Committees - Contacts & Communications - Website Updates - New Year Goals - Refferal to Committees i.e. Pruchases, Policies 8. Fowler Culvert, Fishers Island 9. Road Improvements Subcontractor Oversight? 10. Affordable Accessory Apartment Legislation (to Code Committee) 11. 1:00 P.M. - EXECUTIVE SESSION - Melissa Spiro Potential Property Acquisition & Discussion of Value 12. Executive Session - Labor - Update on Settlement of Grievances - Update on PBA Negotiations 13. A.8635/S.6311 Exemption from the MTA tax MINUTES APPROVAL RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, November 17, 2009 ? Vote Record - Acceptance of Minutes for November 17, 2009 4:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland ???????? Vincent Orlando ? Accepted ?????????? Accepted as Amended Albert Krupski Jr. ?? Tabled ???????? Thomas H. Wickham ???????? Louisa P. Evans ???????? Scott Russell RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, December 01, 2009 Southold Town Meeting Agenda - December 15, 2009 Page 4 ? Vote Record - Acceptance of Minutes for December 1, 2009 7:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland ???????? Vincent Orlando ? Accepted ?????????? Accepted as Amended Albert Krupski Jr. ?? Tabled ???????? Thomas H. Wickham ???????? Louisa P. Evans ???????? Scott Russell V. RESOLUTIONS 2009-944 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit 12/15/09 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby December 15, 2009. ? Vote Record - Resolution RES-2009-944 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-945 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Organizational Meeting of the Town Board of the Southold Town Board be Held, at 11:00 AM on Tuesday, January 5, 2010 RESOLVED Organizational Meeting that the of the Town Board of the Southold Town Board 11:00 AM onTuesday, January 5, 2010 be held, at at the Southold Town Hall, Southold, New York. ? Vote Record - Resolution RES-2009-945 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-946 CATEGORY: Set Meeting Southold Town Meeting Agenda - December 15, 2009 Page 5 DEPARTMENT: Town Clerk Next Town Board Meeting of the Southold Town Board be Held at 4:30 PM on Tuesday, January 5, 2010 RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held at 4:30 PM on Tuesday, January 5, 2010 at the Southold Town Hall, Southold, New York ? Vote Record - Resolution RES-2009-946 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-947 CATEGORY: Bid Acceptance DEPARTMENT: Public Works Goldsmith Inlet Dredging RESOLVED hereby authorizes Chesterfields that the Town Board of the Town of Southold Associates to perform maintenance dredging work at Goldsmith Inlet , all at rates set forth in the competitively awarded Suffolk County Rate Schedule for Construction Equipment Services, in connection with the dredging work, scheduled for January of 2010, at a cost not to exceed the 2010 Budget amount of $40,000, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-947 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-948 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Resignation of Lillie Ahman, FIFD Commissioner WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their December 1, 2009 meeting to acknowledge the resignation of Commissioner Lillie Ahman effective October 13, 2009, and WHEREAS it is appropriate for the Town Board of the Town of Southold to acknowledge the Southold Town Meeting Agenda - December 15, 2009 Page 6 resignation of Commissioners of the Fishers Island Ferry District, now therefore be it RESOLVEDacknowledges the that the Town Board of the Town of Southold hereby resignation of Commissioner Lillie Ahman from the Board of Commissioners of the Fishers Island Ferry District effective October 13, 2009. ? Vote Record - Resolution RES-2009-948 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-949 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Establish 2009 Capital Budget Records Project Fiscal Impact: 2009 Capital Budget Restore Early Town Records in the amount of $5,500.00 hereby authorizes the RESOLVED that the Town Board of the Town of Southold establishment of the following Capital Project in the 2009 Capital Budget: Capital Project Name: Restore Early Town Records Financing Method: Transfer from General Fund Whole Town Budget Revenues: H.5031.36 Interfund Transfers $5,500.00 Restore Early Town Records Appropriations: H.1460.2.400.200 Records Management Capital Outlay Contracted Services Restore Early Town Records $5,500.00 ? Vote Record - Resolution RES-2009-949 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded Southold Town Meeting Agenda - December 15, 2009 Page 7 2009-950 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Retirement Incentive Fiscal Impact: Provide adequate appropriations for those 7 employees taking the 2009 retirement incentive RESOLVEDmodifies the 2009 budget that the Town Board of the Town of Southold hereby as follows: General Fund Whole Town From: A.9010.8.000.000 ERS Retirement Benefits 29,500 A.9015.8.000.000 PFRS Retirement Benefits $ 30,500 To: A.1110.1.100.600 Justices, P.S., Retirement Incentive $ 20,000 A.1310.1.100.600 Accounting & Finance, P.S., Retirement Incentive 15,000 A.3120.1.100.600 Police, P.S. ., Retirement Incentive 25,000 General Fund Part Town From: B.1990.4.100.100 Unallocated Contingencies $ 12,600 B.9010.8.000.000 ERS Retirement Benefits 7,400 To: B.8010.1.100.600 Zoning, P.S., Retirement Incentive 20,000 Highway Fund Part Town From: DB.9010.8.000.000 ERS Retirement Benefits $ 14,400 DB.9040.8.000.000 Workers Compensation Benefits 5,200 DB.9901.9.000.000 Transfers to Health Plan 20,400 To: DB.5110.1.100.600 General Repairs, P.S., Retirement Incentive $ 40,000 ? Vote Record - Resolution RES-2009-950 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded Southold Town Meeting Agenda - December 15, 2009 Page 8 2009-951 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for MTA Payroll Tax Fiscal Impact: Provide appropriations for the MTA Payroll Tax RESOLVEDmodifies the 2009 budget that the Town Board of the Town of Southold hereby as follows: General Fund Whole Town From: A.9015.8.000.000 PFRS Retirement Benefits $ 40,000 To: A.1980.4.000.000 MTA Payroll Tax $ 40,000 General Fund Part Town From: B.1990.4.100.100 Unallocated Contingencies $ 4,000 To: B.1980.4.000.000 MTA Payroll Tax $ 4,000 Highway Fund Part Town From: DB.5110.4.100.900 Resurfacing Projects $ 6,000 To: DB.1980.4.000.000 MTA Payroll Tax $ 6,000 Community Preservation Fund From: H3.1620.1.100.100 Site Development , P.S. $ 500 To: H3.1980.4.000.000 MTA Payroll Tax $ 500 Solid Waste District From: SR.9010.8.000.000 ERS Retirement, Benefits $3,000 To: SR.1980.4.000.000 MTA Payroll Tax $ 3,000 Southold Town Meeting Agenda - December 15, 2009 Page 9 ? Vote Record - Resolution RES-2009-951 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-952 CATEGORY: Authorize to Bid DEPARTMENT: Solid Waste Management District Bid for HHW for 2010-2001 RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for the removal of Household Hazardous Waste from the Transfer Station for the 2010-2011 calendar year. ? Vote Record - Resolution RES-2009-952 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-953 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Rescind Records Archive Grant Budget Approppriation Fiscal Impact: To rescind resolution modifying budget in the General Fund. Another resolution is being substituted to create a budget in the Capital Fund. RESOLVED rescinds Resolution 2009- that the Town Board of the Town of Southold hereby 897, adopted at the November 17, 2009 regular meeting, which reads as follows: RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 General Fund Whole Town budget as follows: To: Appropriations A.1680.2.400.100 Central Data Processing, Capital Outlay Municity Software $35,221 Southold Town Meeting Agenda - December 15, 2009 Page 10 Revenues: A.3089.00 Miscellaneous State Aide Records Archive Grant $35,221. ? Vote Record - Resolution RES-2009-953 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-954 CATEGORY: Budget Modification DEPARTMENT: Public Works Department of Public Works Budget Modification Fiscal Impact: This budget modification is to purchase a carpet cleaning machine from Emerald Island Supply Co. (NYS Contract #PC62982), which will be used year-round at all town buildings. The cost to have the carpets cleaned professionally, just one time, is $3120.00. RESOLVEDmodifies the 2009 that the Town Board of the Town of Southold hereby Department of Public Works budget as follows: From: A.1620.4.100.300 Buildings & Grounds, C.E. $1420.00 Supplies & Materials Janitorial Supplies To: A.1620.2.500.200 Buildings & Grounds, Equip. $1420.00 Other Equipment & Capital Outl. Cleaning Equipment ? Vote Record - Resolution RES-2009-954 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-955 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Land Preservation Southold Town Meeting Agenda - December 15, 2009 Page 11 2010 Peconic Land Trust Contract Fiscal Impact: Contract language same as 2009 contract. Compensation amount is in accordance with Town Board 2010 adopted budget. RESOLVED engages the professional that the Town Board of the Town of Southold hereby services of the Peconic Land Trust, Incorporated to perform Conservation Planning, Acquisition, and Professional Services related to the Town’s land preservation efforts, and authorizes the Supervisor to sign the agreement between the Peconic Land Trust, Incorporated and the Town of Southold, subject to review of the contract language by the Town Attorney . Compensation shall not exceed fifty-five thousand ($55,000.00) dollars. The contract term shall be from January 1, 2010 to December 31, 2010. Invoices submitted under this contract shall be a legal charge to the 2010 Community Preservation Fund budget H3.8710.2.400.100 (Land Use Consultants). ? Vote Record - Resolution RES-2009-955 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-956 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Land Preservation 2010 the Nature Conservancy Contract Fiscal Impact: Contract language same as 2009 contract. Compensation amount is in accordance with Town Board 2010 adopted budget. RESOLVED engages the professional that the Town Board of the Town of Southold hereby services of The Nature Conservancy to perform Conservation Planning, Acquisition, and Professional Services related to the Town’s land preservation efforts, and authorizes the Supervisor to sign the agreement between The Nature Conservancy and the Town of Southold, subject to review of the contract language by the Town Attorney. Compensation shall not exceed fifteen thousand ($15,000.00) dollars. The contract term shall be from January 1, 2010 to December 31, 2010. Invoices submitted under the terms of this contract shall be a legal charge to the 2010 Community Preservation Fund budget H3.8710.2.400.100 (Land Use Consultants). Southold Town Meeting Agenda - December 15, 2009 Page 12 ? Vote Record - Resolution RES-2009-956 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-957 CATEGORY: Budget Modification DEPARTMENT: Accounting Create Capital Project for Municity Software in the Capital Fund Fiscal Impact: To appropriate funds from NYSED New York State Education Department Archives Grant for Municity Software provided by General Code Pubslishers Corpoartion RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Project in the 2009 Capital Budget: Capital Project Name: Municity Software Financing Method: Grant from NYS Education Budget: Revenues: H.3089.10 Record Archives Grant $ 88,053 Appropriations: H.1680.2.2.400.200 Central Data Processing Equipment & Capital Outlay Municity Software $ 88,053 ? Vote Record - Resolution RES-2009-957 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-958 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification - Police Southold Town Meeting Agenda - December 15, 2009 Page 13 Fiscal Impact: This budget modification is needed to prep and paint the bottom of the new boat that we received from New York State Office of Parks, Recreation and Historic Preservation RESOLVEDmodifies the 2009 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.3130.4.100.200 Gasoline & Oil $2,000.00 To: A.3130.4.400.650 Vehicle Maintenance & Repairs $2,000.00 ? Vote Record - Resolution RES-2009-958 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-959 CATEGORY: Budget Modification DEPARTMENT: Highway Department Modify the 2009 Part-Town Building Department Budget Fiscal Impact: To correct under appropriated funds for travel to Fishers Island and replacement cost of an old computer. RESOLVEDmodifies the 2009 Part- that the Town Board of the Town of Southold hereby Town Building Department budget as follows: From: $2,000.00 B.3620.1.100.200 Full-Time Overtime Earnings To : B.3620.2.200.550 Computers $1200.00 B.3620.4.600.300 Travel$ 800.00 ? Vote Record - Resolution RES-2009-959 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded Southold Town Meeting Agenda - December 15, 2009 Page 14 2009-960 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept 2010 Diesel Fuel RESOLVEDaccepts the bid from Petro that the Town Board of the Town of Southold hereby Commercial Services, at a fixed differential price of $0.0950 per gallon over the Northville Rack Price, for supplying the Town of Southold with ultra low sulfur diesel fuel for the 2010 calendar year, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-960 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-961 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept 2010 Gasoline Bid RESOLVEDaccepts the bid[s] from that the Town Board of the Town of Southold hereby Petro Commercial Services, at a price of $0.1375 per gallon fixed differential above the Northville Rack Price, for supplying the Town of Southold with both Unleaded Gasoline [Ethanol] and Unleaded Plus Gasoline [Ethanol], respectively, for the 2010 calendar year, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-961 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-962 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept 2010 Sand Bid Southold Town Meeting Agenda - December 15, 2009 Page 15 RESOLVEDaccepts the bid of that the Town Board of the Town of Southold hereby Bayberry Enterprises, in the amount of $13.45 per cubic yard, for supplying Bulk Screened Sand for Ice Control and Highway Maintenance to the Highway Department for the 2010 calendar year, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-962 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-963 CATEGORY: Grants DEPARTMENT: Community Development 2010 Program Application - Youth Services Program RESOLVED Town Board of the Town of Southold hereby authorizes and directs that the Supervisor Scott Russell to sign the 2010 Program Application for the Southold Youth Services Program , funded in part by a grant from Suffolk County, in the amount of $10,585. ? Vote Record - Resolution RES-2009-963 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-964 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Change Rate of Pay for FIFD Employee WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their December 1, 2009 meeting to increase Conal O’Keefe’s rate of pay from $14.00 per hours to $15.00 per hour effective October 1, 2009 because O’Keefe is performing duties of both Deckhand (FIFD) and Freight Agent (FIFD) WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it Southold Town Meeting Agenda - December 15, 2009 Page 16 RESOLVEDincreases the hourly rate of that the Town Board of the Town of Southold hereby pay for Deckhand (FIFD) Conal O’Keefe effective October 1, 2009 from $14.00 per hour to $15.00 per hour. ? Vote Record - Resolution RES-2009-964 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-965 CATEGORY: Budget Modification DEPARTMENT: Human Resource Center Budget Modification-HRC Equipment Repairs Fiscal Impact: To redistribute previously allocated budgeted funds to cover maintenance/repair items RESOLVEDmodifies the 2009 that the Town Board of the Town of Southold hereby Human Resource Center General Fund Whole Town budget as follows: From: Appropriations: Programs for the Aging Equipment Other Equipment A.6772.2.500.500 Telephone Equipment $300.00 Total: ($300.00) To: Appropriations: Programs for the Aging Contractual Expense Contracted Services A.6772.4.400.600 Equipment Maintenance & Repairs $250.00 Miscellaneous A.6772.4.600.400 Postage $50.00 Total: ($300.00) ? Vote Record - Resolution RES-2009-965 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded Southold Town Meeting Agenda - December 15, 2009 Page 17 2009-966 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification - Police Fiscal Impact: We are requesting the creation of a new budget line as a result of the inspection by the electrical underwriters. The shop vac had to be removed from the gas shed due to safety issues. There is no way for the officers to vacuum the cars as a result. This weather proof stand alone vacuum will be placed under the overhang of the Headquarters building so that the cars can continue to be maintained. RESOLVEDmodifies the 2009 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.3120.4.100.100 Office Supplies & Stationery $1091.87 To: A.3120.2.500.150 Vacuum Equipment $1091.87 ? Vote Record - Resolution RES-2009-966 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-967 CATEGORY: Bid Acceptance DEPARTMENT: Public Works 2010 Heating Fuel Oil RESOLVED accepts the bid of Burt’s that the Town Board of the Town of Southold hereby Reliable, 1515 Young’s Avenue, Southold, NY to supply the town with heating fuel oil for 2010 at $0.1450 per gallon over the Northville Rack Price , subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-967 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded Southold Town Meeting Agenda - December 15, 2009 Page 18 2009-968 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Intergovernmental Agreement Between the Town of Southold and New York State Office of Parks, Recreation, and Historic Preservation RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Intergovernmental Agreement between the Town of Southold and New York State Office of Parks, Recreation, and Historic Preservation regarding the NYS Office of Parks allowing the Town to use a State-owned motorized boat for marine law enforcement purposes, at no cost to the Town, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-968 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-969 CATEGORY: Policies DEPARTMENT: Town Clerk Adopt Emergency Evacuation Policy WHEREAS , the Town of Southold is committed to protecting and enhancing the safety of its employees as well as patrons from the public who utilize Town facilities; and WHEREAS , it is the goal of the Town to provide a workplace environment that fosters information and guidelines for an orderly evacuation in the event of an emergency; and WHEREAS , the Town of Southold intends to accomplish these goals through the implementation of the Town of Southold Emergency Evacuation Policy as developed by the Loss Control and Executive Safety Committee, to further protect employees who work for the Town of Southold as well as members of the public who patronize Town facilities; BE IT RESOLVEDrecognizes the importance of that the Town of Southold hereby promoting employee and public safety and adopts the 2009 Town of Southold Emergency Evacuation Policy. Southold Town Meeting Agenda - December 15, 2009 Page 19 ? Vote Record - Resolution RES-2009-969 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-970 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement Among the Shelter Island Fire District, the Shelter Island Heights Fire District, and the Town of Southold Regarding Receiving and Dispatching Radio Transmissions on Behalf of the Shelter Island Fire District and the Shelter Island Heights Fire District by the Town of Southold at Its Radio Base Station RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Agreement among the Shelter Island Fire District, the Shelter Island Heights Fire District, and the Town of Southold regarding receiving and dispatching radio transmissions on behalf of the Shelter Island Fire District and the Shelter Island Heights Fire District by the Town of Southold at its radio base station, whereby the Fire Districts agree to pay the Town of Southold the sum of $5,000.00 per year, commencing on January 1, 2010, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-970 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-971 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Memorandum of Agreement W/CSEA RESOLVEDapproves the that the Town Board of the Town of Southold hereby Memorandum of Agreement between the Town of Southold and the CSEA dated November 12, 2009 , concerning the settlement of Grievance Nos. 2009-005, 2009-006, 2009-007, and 2009-008. Southold Town Meeting Agenda - December 15, 2009 Page 20 ? Vote Record - Resolution RES-2009-971 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-972 CATEGORY: Legislation DEPARTMENT: Town Attorney LL/Amendments to Use Regulations/Accessory Apts. WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 15th day of December, 2009, a Local Law entitled relation to Amendments to Use Regulations within the Agricultural Conservation (A-C) District and Low Density Residential R-80, R-120, R-200, and R-400 Districts and Accessory Apartments” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 19th day of January, 2010 at 7:35 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Amendments to Use The proposed Local Law entitled, Regulations within the Agricultural Conservation (A-C) District and Low Density Residential R-80, R-120, R-200, and R-400 Districts and Accessory Apartments” reads as follows: LOCAL LAW NO. 2010 “A Local Law in relation to Amendments to Use Regulations within A Local Law entitled, the Agricultural Conservation (A-C) District and Low Density Residential R-80, R-120, R- 200, and R-400 Districts and Accessory Apartments” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the intent and purpose of this law to allow accessory apartments within accessory structures in A-C, R-80, R-120, R-200 and R-400 Districts to provide the opportunity for the development of small rental housing designed to meet the housing needs of median income families, both young and old, and relatives of families residing in the Town of Southold. It is also the intent of this law to increase compliance with building and fire code, property maintenance, preserve property values and the health, safety and welfare of the community. Southold Town Meeting Agenda - December 15, 2009 Page 21 II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. ACCESSORY APARTMENT – An apartment A dwelling unit created in a presently existing one family dwelling unit or accessory structure pursuant to §280-13B(13 or 14). FAMILY MEMBER – The spouse, domestic partner, child, grandchild, stepchild, parent, aunt, uncle, niece, nephew, brother or sister of the owner or of the owner’s spouse or domestic partner. TRANSIENT – A rental period of 29 days or less. §280-13. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (1) One-family detached dwellings, not to exceed one dwelling on each lot. (2) The following agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or other odor- or dust-producing substance or use, except spraying and dusting to protect vegetation, within 150 feet of any lot line: [Amended 5-23-1989 by L.L. No. 8- 1989] (a) The raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the premises. [Amended 11-29-1994 by L.L. No. 25-1994; 5-13-1997 by L.L. No. 8-1997] (b) The keeping, breeding, raising and training of horses, domestic animals and fowl (except ducks)EN on lots of 10 acres or more. (c) Barns, storage buildings, greenhouses (including plastic covered) and other related structures, provided that such buildings shall conform to the yard requirements for principal buildings. (d) The retail sale of local produce from structures of less than 20 square feet floor area shall be set back at least 10 feet from any lot line. [Added 5-13- 1997 by L.L. No. 8-1997] (3) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (4) Wineries which meet the following standards: [Added 11-29-1994 by L.L. No. 26-1994] (a) The winery shall be a place or premises on which wine made from primarily Long Island grapes is produced and sold; (b) The winery shall be on a parcel on which at least 10 acres are devoted to vineyard or other agricultural purposes, and which is owned by the winery owner; Southold Town Meeting Agenda - December 15, 2009 Page 22 (c) The winery structures shall be set back a minimum of 100 feet from a major road; and (d) The winery shall obtain site plan approval. (5) Small wind energy systems on parcels greater than seven acres in size, which parcels are dedicated primarily to uses necessary for bona fide agricultural production, and subject to the standards provided in Chapter 277 of this Town Code. [Added 7-17-2007 by L.L. No. 15-2007] B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, 5 except for two-family dwellings and the uses set forth in Subsection B(1) hereof, are subject to site plan approval by the Planning Board: [Amended 12-21-1993 by L.L. No. 27-1993] (1) Two-family dwellings not to exceed one such dwelling on each lot. (2) Places of worship, including parish houses (but excluding a rectory or parsonage, which shall conform to the requirements for a one-family dwelling), subject to the following requirements: (a) No building or part thereof shall be erected nearer than 50 feet to any street line and nearer than 20 feet to any lot line. (b) The total area covered by all principal and accessory buildings shall not exceed 20% of the area of the lot. (3) Private elementary or high schools, colleges and other educational institutions, subject to the following requirements: (a) No building shall be less than 50 feet from any street or lot line. (b) The total area occupied by all principal and accessory buildings shall not exceed 20% of the area of the lot. (c) Any school shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively thereunder as such. (d) Any such school shall occupy a lot with an area of not less than five acres plus one acre for each 25 pupils for which the building is designed. (4) Nursery schools. (5) Philanthropic, eleemosynary or religious institutions, health care, continuing care and life facilities, but excluding facilities for the treatment of all types of drug addiction, subject to the following requirements: [Amended 12-27-1994 by L.L. No. 30-1994; 11-12-1996 by L.L. No. 20-1996] (a) No building or part thereof or any parking or loading area shall be located within 100 feet of any street line nor within 50 feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed 20% of the area of the lot. (c) The maximum height shall be 35 feet or 2 1/2 stories. (d) The entire lot, except areas occupied by buildings or parking or loading areas, shall be suitably landscaped and properly maintained. (e) Any health care, continuing care or life care facility shall meet the following standards: [1] All buildings shall be of fire-resistive construction. Southold Town Meeting Agenda - December 15, 2009 Page 23 [2] All such uses shall be served by adequate water and sewer systems approved by the Suffolk County Department of Health. [3] Patients suffering from communicable diseases shall not be permitted in any nursing home or sanatorium. (Communicable diseases are defined by the Sanitary Code of the Public Health Council of the State of New York.) [4] Eight thousand square feet of lot area shall be provided for each patient bed. (6) Public utility rights-of-way as well as structures and other installations necessary to serve areas within the Town, except that wireless communication facilities must obtain approval pursuant to Article XVII, subject to such conditions as the Board of Appeals may impose in order to protect and promote the health, safety, appearance and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed. [Amended 11- 12-1997 by L.L. No. 26-1997] (7) Beach clubs, tennis clubs, country clubs, golf clubs and annual membership clubs and accessory playgrounds, beaches, swimming pools, tennis courts, recreational buildings and maintenance buildings catering exclusively to members and their guests, subject to the following requirements: [Amended 12-27-1994 by L.L. No. 30-1994; 12-8-1998 by L.L. No. 26-1998] (a) No building or part thereof or any parking or loading area shall be located within 100 feet of any street line or within 50 feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed 20% of the area of the lot. (c) No such use shall occupy a lot with an area of less than three acres. (8) Children's recreation camps organized primarily for seasonal use and subject to the following requirements: (a) No building, tent, activity area or recreation facility shall be less than 200 feet from any lot line, and any such building, tent, activity area or recreation facility shall be effectively screened therefrom as required by the Planning Board. Buildings intended for use as sleeping quarters shall be not less than 30 feet from each other, except tents, which shall be not less than 10 feet apart. (b) The minimum lot area shall be not less than 10,000 square feet for each cottage, tent or other principal building and not less than 3,000 square feet of land area shall be provided for each person accommodated in the buildings or tents on the premises.EN (c) The sound level of all outdoor public-address systems shall not exceed the intensity tolerable in a residential neighborhood. (9) Farm labor camps, subject to the following requirements: (a) All farm labor camps on farms shall be construed in conformance with applicable laws and shall not be located nearer to any other residence than the residence of the employer, except by specific review and approval of the Planning Board. (10) Veterinarian's offices and animal hospitals, subject to the following requirements: Southold Town Meeting Agenda - December 15, 2009 Page 24 (a) The housing of all animals shall be in a fully enclosed structure, if nearer than 150 feet to any lot line. (11) Cemeteries. (12) Stables and riding academies.EN (13) One accessory apartment in an existing one-family dwelling, subject to the following requirements: (a) The accessory apartment shall be located in the principal building. (b) The owner of the existing dwelling shall occupy one of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years. (c) The existing one-family dwelling shall contain not less than 1,600 square feet of livable floor area. (d) The accessory apartment shall contain not less than 450 square feet of livable floor area. (e) The accessory apartment shall not exceed 40% of the livable floor area of the existing dwelling unit and any addition thereto permitted under Section 280-13(B)(13)(j) hereof. (f) A minimum of three off-street parking spaces shall be provided. (g) Not more than one accessory apartment shall be permitted on a lot. (h) The accessory apartment shall meet the requirements of an dwelling unit apartmentas defined in § 280-4 hereof. (i) The exterior entry to the accessory apartment shall, to the maximum extent possible, retain the existing exterior appearance of a one-family dwelling. (j) All exterior alterations to the existing building, except for access to the apartment, shall be made on the existing foundation.Subject to all other restrictions and requirements in this Code, a reasonable expansion of the existing foundation, not to exceed 25% of the living space of the existing dwelling unit, may be permitted to accommodate the creation of an accessory apartment. (k) The certificate of compliance shall terminate upon the transfer of title by the owner or upon the owner ceasing to occupy one of the dwelling units as the owner's principal residence. In the event of an owner's demise, the occupant of an accessory apartment may continue in occupancy until a new owner shall occupy the balance of the dwelling or one year from date of said demise, whichever shall first occur. [Amended 5-20-1993 by L.L. No. 6-1993] (l) All conversions shall be subject to the inspection of the Building Inspector and renewal of the certificate of occupancy annually. [Amended 5-20- 1993 by L.L. No. 6-1993] (m) The building which is converted to permit an accessory apartment shall be in existence, and have be eligible for or have a valid certificate of , occupancy issued prior to January 1, 1984 2004 or proof of occupancy prior to that date. [Amended 5-20-1993 by L.L. No. 6-1993] Southold Town Meeting Agenda - December 15, 2009 Page 25 (n) The existing building, together with the accessory apartment, shall comply with all other requirements of Chapter 280 of the Town Code of the Town of Southold. (o) Notwithstanding the provisions of § 280-13B hereof, no site plan approval by the Planning Board shall be required for the establishment of an accessory apartment. (p) Approval by the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. (q) No bed-and-breakfast facilities, as authorized by § 280-13B(1415) hereof, shall be permitted in or on premises for which an accessory apartment is authorized or exists. [Added 3-14-1989 by L.L. No. 3-1989] (14) One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: (a) The accessory apartment shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (b) A minimum of three off street parking spaces shall be provided on premises. (c) Not more than one accessory apartment shall be permitted on a lot. (d) The accessory apartment shall meet the requirements of an apartment as defined in Section 280-4 hereof. (e) The entirety of the living floor area of the accessory apartment must be on one floor of the accessory structure. ( f) The accessory structure which is converted to permit an accessory apartment shall be in existence and be eligible for a pre-certificate of occupancy or have a valid certificate of occupancy issued prior to January 1, 2004. (g) The existing accessory structure shall comply with all other requirements of this Chapter. (h) Notwithstanding the provisions of Section 280-13(B) hereof, no site plan approval by the Planning Board shall be required for the establishment of an accessory apartment in an accessory structure. (i) Approval of the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. (j) No bed-and-breakfast facilities, as authorized by Section280-13(B)(15) hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists. (k) Occupancy of resident structures on the premises shall be subject to the following requirements: [1] The owner of the premises shall occupy either the existing single family dwelling unit or the accessory apartment in the detached accessory structure as the owner’s principal residence. The other dwelling unit shall be leased for year round occupancy evidenced by a written lease for a term of one or more years to: a) a family member; or Southold Town Meeting Agenda - December 15, 2009 Page 26 b) to a resident who is currently on the Southold Town affordable housing registry. [2] Rents charged to a resident on the affordable housing registry shall not exceed the rent established by the Town Board annually pursuant to §280-30(F) of this code. [3] No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code. [4] A transient rental is prohibited. [5] An accessory apartment shall only be occupied or otherwise utilized in accordance with the certificate of occupancy issued for the dwelling unit. (l) The premises and all structures are subject to annual review and certification by the owner of compliance with the mandates of this chapter. The Chief Building Inspector, Code Enforcement Officer, and Town personnel who are engaged in the enforcement of the provisions of this chapter are authorized to make or cause to be made inspections to determine compliance with this chapter and are authorized to enter upon any property for the purpose of said inspections. (m) The Chief Building Inspector or Code Enforcement Officer shall revoke the certificate of occupancy for the premises when he or she finds that the owner has caused, permitted or allowed to exist and remain upon the premises a violation of any provision of the Code of the Town of Southold for a period of 14 days or more after written notice has been given to the owner. (n) An appeal from such revocation may be taken by the permit holder to the Housing Advisory Commission, by written request, made within 30 days from the date of such revocation. The Housing Advisory Commission shall hold a public hearing on such appeal within 30 days after receipt of written notice of such appeal and, after such hearing, shall make written findings and a decision either sustaining such certification of occupancy revocation or reinstating such certificate of occupancy within 30 days after close of such public hearing. (o) In lieu of an inspection, the owner of the premises may submit a written certification, within 10 days of each anniversary of the commencement of the lease term to the Chief Building Inspector verifying that the dwelling unit is in compliance with all of the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. In addition, the owner shall certify that the tenant is a family member or currently listed on the Town’s approved housing registry in accordance with §280-13(B)(14)(k). If the owner fails to submit a timely verified certificate, in writing, to the Chief Building Inspector, such shall be deemed a violation of this chapter. Southold Town Meeting Agenda - December 15, 2009 Page 27 (p) A violation of this chapter by the owner(s) is hereby declared to be an offense punishable by a fine not less than $1,500 nor more than $8,000 or imprisonment for a period not to exceed six months, or both, for a conviction of a first offense; for conviction of a second or subsequent offense within 18 months, a fine not less than $3,000 nor more than $15,000 or imprisonment not to exceed a period of six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply. Each day’s continued violation shall constitute a separate additional violation. (q) Additionally, in lieu of imposing the fine authorized in §280-13(B)(14)(p), in accordance with Penal Law §80.05(5), the court may sentence the defendant(s) to pay an amount, fixed by the court, not exceeding double the amount of the rent collected over the term of the occupancy. (1415) Bed-and-breakfasts which have been issued a bed-and-breakfast permit by the Building Inspector. Said permit shall be issued for a term of one year if the following conditions are met: [Amended 3-14-1989 by L.L. No. 3-1989; 2-7-1995 by L.L. No. 3-1995] (a) A smoke alarm shall be provided on each floor and in every guest room. (b) The dwelling shall have at least two exits and there shall be a window large enough for emergency egress in each guest room. (c) The identification sign shall be no larger than two square feet in areas zoned Residential-Office or higher, but there shall be no exterior signage identifying the use as a bed-and-breakfast in residential areas. (d) No accessory apartment, as authorized by § 280-13B(13) hereof, shall be permitted in or on premises for which a bed-and-breakfast facility is authorized or exists. (1516) Historical society. [Added 11-12-1996 by L.L. No. 20-1996] (1617) Preservation and use of a federal or state designated historic building for the purpose of hosting community events, together with the use of part of such building for professional offices and/or one apartment, not to exceed a total of three uses per building, provided that such building is owned and maintained by a not-for-profit historic organization. In no event shall there be more than one apartment per building. [Added 10-25-2005 by L.L. No. 18-2005] 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 Southold Town Meeting Agenda - December 15, 2009 Page 28 by law. ? Vote Record - Resolution RES-2009-972 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-973 CATEGORY: Support/Non-Support Resolution DEPARTMENT: Town Attorney Support Bills A.8635-A & S.6311/MTA Tax WHEREAS , the recently enacted Chapter 25 of the Laws of 2009 implements various supplemental fees and taxes for the 12-county Metropolitan Commuter Transportation District (MCTD) in, essentially, an effort to financially bailout the MTA; and WHEREAS , included within this MCTD, is the Peconic Bay Region, located on the east end of Long Island, and which includes the Town of Southold as well as Fishers Island; and WHEREAS , provisions of Chapter 25 of the Laws of 2009 include a 0.34% payroll tax for all employers in the MCTD, and thus, within the Town of Southold; and WHEREAS , the Peconic Bay Region represents only 1.1% of the MCTD, with the Town of Southold comprising an even lesser percentage; and WHEREAS , this tax will have a devastating effect on every local employer located within the Peconic Bay Region and, more specifically, within the Town of Southold; and WHEREAS , this new expense will have to be passed along by those employers through higher prices and increased property taxes, while residents within the Town have already heavily subsidized the MTA through increased fares, additional sales tax, and a mortgage recording tax; and WHEREAS , in return for these onerous taxes and fees, most of the residents within the Town of Southold receive minimal services from the MTA and Fishers Island residents receive no services whatsoever; and WHEREAS , in fact, the Volpe Study on improved rail/bus service estimates that the east end of Long Island pays approximately $40 to $60 million more for services than what is received from the MTA on an annual basis; and WHEREAS , indeed, despite the fact that the Town of Southold does not have the same level of Southold Town Meeting Agenda - December 15, 2009 Page 29 New York City commuters, its residents pay the same as those who benefit from ample services; and WHEREAS , in an effort to avoid any further inequitable taxation on the Peconic Bay Region and, more specifically, the Town of Southold, both historically and currently underserved by the MTA, Assemblymen Fred Thiele and Marc Alessi and Senator Kenneth P. LaValle have introduced legislation to exempt the Town of Southold, along with other towns on the east end, from the MTA’s employer payroll tax; and WHEREAS , said legislation, that is, Assembly Bill A. 8635-A and Senate Bill S. 6311, is realized as an amendment to §800 of the Tax Law, which would exempt the Towns of Brookhaven, East Hampton, Riverhead, Shelter Island, Southampton, and Southold, from the Metropolitan Commuter Transportation District (MCTD); and WHEREAS , the Town Board of the Town of Southold seeks to memorialize its support for said legislation; now therefore be it RESOLVEDsupports Assembly Bill A. , that the Town Board of the Town of Southold hereby 8635-A/Senate Bill S. 6311, amending Tax Law §800, to exempt all employers within the Towns of Brookhaven, East Hampton, Riverhead, Shelter Island, Southampton, and Southold from the Metropolitan Commuter Transportation District, and thus, exempt said towns and its employers from the newly adopted metropolitan commuter transportation mobility tax as implemented by Chapter 25 of the Laws of 2009 ; and be it further RESOLVED , that the Town Clerk of the Town of Southold shall forward a copy of this resolution to Assemblyman Fred Thiele, Assemblyman Marc Alessi, Senator Kenneth P. LaValle, and Governor David A. Paterson. ? Vote Record - Resolution RES-2009-973 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-974 Tabled 12/1/2009 7:30 PM CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Minor Exempt Act Lists WCRL - as Amended WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk nd “A Local Law in County, New York, on the 22 day of September 2009, a Local Law entitled relation to Amendments to the Minor Exempt Actions List of the Waterfront Consistency Southold Town Meeting Agenda - December 15, 2009 Page 30 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 RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed “A Local Law in relation to Amendments to the Minor Exempt Actions Local Law entitled, List of the Waterfront Consistency Review Law” reads as follows: LOCAL LAW NO. 2009 “A Local Law in relation to Amendments to the Minor Exempt A Local Law entitled, Actions List of the Waterfront Consistency Review Law” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The amendments to this local law are adopted under the authority of the Municipal Home Rule Law and the Waterfront Revitalization of Coastal Areas and Inland Waterways Act of the State of New York (Article 42 of the Executive Law). It is intended that, by making additions to the “minor actions” exempt list, certain actions that by their nature will not have an adverse effect on the coastal area and resources will not require a review under this law, which will result in a more efficient review process. II. Chapter 268 of the Code of the Town of Southold is hereby amended as follows: § 268-3. Definitions. LANDSCAPED BUFFER - a land area of a certain length and width which is planted with indigenous, drought tolerant, vegetation similar to that found within the immediate proximity of the parcel. Vegetation shall be installed in sufficient densities to achieve ninety-five (95) percent ground cover within two years of installation. Survival of planted vegetation shall be ninety (90) percent for a period of three years. Maintenance activities within the buffer are limited to removing vegetation which are hazardous to life and property, trimming tree limbs up to a height of fifteen feet (15’) to maintain viewsheds, replanting of vegetation and establishing a four foot (4’) wide access path constructed of pervious material for access to the water-body. MINOR ACTIONS - Include the following actions, which are not subject to review under this chapter: A. Maintenance or repair involving no substantial changes in an existing structure or facility; B. Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site (in-place), including upgrading buildings to meet building or fire codes, except for structures in areas designated by the Coastal Erosion Hazard Area (CEHA) Southold Town Meeting Agenda - December 15, 2009 Page 31 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 natural protective feature except where threatened or endangered species of plants or animals are affected, or within significant coastal fish and wildlife habitat areas; F. Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA; G. Minor temporary uses of land having negligible or no permanent impact on coastal resources or the environment; H. Installation of traffic control devices on existing streets, roads and highways; I. Mapping of existing roads, streets, highways, natural resources, land uses and ownership patterns; J. Information collection including basic data collection and research, water quality and pollution studies, traffic counts, engineering studies, surveys, subsurface investigations and soils studies that do not commit the agency to undertake, fund or approve any action; K. Official acts of a ministerial nature involving no exercise of discretion, including building where issuance is predicated solely on the applicant's compliance or noncompliance with the relevant local building code; L. Routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment; M. Conducting concurrent environmental, engineering, economic, feasibility and other studies and preliminary planning and budgetary processes necessary to the formulation of a proposal for action, provided those activities do not commit the agency to commence, engage in or approve such action; N. Collective bargaining activities; O. Investments by or on behalf of agencies or pension or retirement systems, or refinancing existing debt; P. Inspections and licensing activities relating to the qualifications of individuals or businesses to engage in their business or profession; Q. Purchase or sale of furnishings, equipment or supplies, including surplus government property, other than the following: land, radioactive material, pesticides, herbicides, storage of road de-icing substances, or other hazardous materials; R. Adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list; S. Engaging in review of any part of an application to determine compliance with technical Southold Town Meeting Agenda - December 15, 2009 Page 32 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; T. Civil or criminal enforcement proceedings, whether administrative or judicial, including a particular course of action specifically required to be undertaken pursuant to a judgment or order, or the exercise of prosecutorial discretion; U. Adoption of a moratorium on land development or construction; V. Interpreting an existing code, rule or regulation; W. Designation of local landmarks or their inclusion within historic districts; X. Emergency actions that are immediately necessary on a limited and temporary basis for the protection or preservation of life, health, property or natural resources, provided that such actions are directly related to the emergency and are performed to cause the least change or disturbance, practicable under the circumstances, to coastal resources or the environment. Any decision to fund, approve or directly undertake other activities after the emergency has expired is fully subject to the review procedures of this chapter; Y. Local legislative decisions such as rezoning where the Town Board determines the action will not be approved; Z. Split rail fences or fences used to control nuisance wildlife that do not interfering with the public’s rights of passage along the foreshore; AA. Removal of a structure greater than 75 feet from a wetland; BB. Additions to the landward side of an existing dwelling constituting less than 25 percent of the existing structure where the addition is greater than 75 feet from a natural protective feature, except where the parcel is located in a Coastal Erosion Hazard Area; CC. Structures less than 100 250 square feet in size that are accessory to existing permitted primary structures, and which accessory structures are greater than 50 feet from a boundary of a natural protective feature, and freshwater or tidal wetlands tidal wetland; DD. Construction or improvements of pervious residential driveways, parking areas or walkways greater than 50 feet from a tidal or freshwater wetland; EE. Upgrades to existing fuel tanks provided that erosion control measures are implemented; FF. Cutting phragmites to greater than 12 inches and vegetative restoration provided that native wetland vegetative species are not affected or disturbed in any manner; GG. Bulkhead to replace Within all Town Creeks, replacement of existing bulkhead on the applicant’s property in the same location with a silt curtain employed deployed prior to and during construction; and HH. Lot line changes, provided that the lot line change will not permit new development that may have undue adverse impacts on wetlands, tidal waters or natural protective features; II. Additions to an existing building or rebuilt residential structure which results in no-net increase in ground area coverage, except where the parcel is located in a Coastal Erosion Hazard Area; JJ. Construction or installation of drainage improvements for the retention of storm water runoff in accordance with Chapter 236., provided that such improvements 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 Southold Town Meeting Agenda - December 15, 2009 Page 33 width tables: Table 1. Wetland Buffer Table for New Residential Structures located adjacent to New York State Department of Environmental Conservation Priority Water Body (select one). Minimum Buffer Width Lot Area (sq. ft.) Landscaped Natural Vegetated 0-20,000 30 25 20,000-40,000 40 35 40,000-60,000 75 50 60,000-80,000 75 50 Greater than 80,000 100 75 Table 2. Wetland Buffer Table for New Residential Structures (select one) Minimum Buffer Width Lot Area (sq. ft.) Non-turf Landscaped Natural Vegetated 0-20,000 30 20 20 20,000-40,000 40 35 25 40,000-60,000 50 45 35 60,000-80,000 75 65 55 Greater than 80,000 100 100 75 Table 3. Wetland Buffer Table for Existing or Rebuilt Residential Structures (select one). Minimum Buffer Width Lot Area (sq. ft.) Non-turf Landscaped Natural Vegetated 0-20,000 25 15 15 20,000-40,000 30 25 25 40,000-60,000 40 35 30 60,000-80,000 60 55 45 Greater than 80,000 75 60 55 NATURAL PROTECTIVE FEATURE - A nearshore area, beach, bluff, primary dune, secondary dune or wetland and their vegetation. NATURAL VEGETATED BUFFER - a land area of a certain length and width where existing vegetation occurs prior to the commencement of any grading or clearing activity. Vegetation 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 Southold Town Meeting Agenda - December 15, 2009 Page 34 of pervious material for access to the water-body. NEW YORK SCENIC BYWAY (North Fork Trail) - all that portion of the State highway system known as State Route 25 in the Town of Southold, Suffolk County, beginning at the boundary between the Town of Riverhead and the Town of Southold, continuing northeasterly to Orient Point and to the end of State Route 25, and all that portion of the local highway system known as Sound Avenue beginning at the boundary between the Town of Riverhead and the Town of Southold continuing easterly to the overlap of Sound Avenue and County Route 48 and continuing along County Route 48 generally northeasterly to the intersection of County Route 48 and State Route 25 north of the Village of Greenport, Suffolk County. NUISANCE WILDLIFE - Wildlife that is destructive and capable of damaging property such as buildings, crops, pets, livestock, gardens, or public areas. Wildlife may threaten human health or safety by spreading diseases, through direct attacks, or accidentally. PERVIOUS NONTURF BUFFER - a land area of a certain height and width comprised of sand, stone or permeable pavers arranged in such a manner to allow for maximum percolation of storm water runoff into the soil. PRIORITY WATER-BODY - a water-body within the jurisdictional boundaries of the Town of Southold listed by the New York State Department of Environmental Conservation on the Water-Body Inventory/Priority Water-Bodies List, as amended. SIGNIFICANT FISH AND WILDLIFE HABITAT - those habitats which are essential to the survival of a large portion of a particular fish or wildlife population; support rare or endangered species; are found at a very low frequency within a geographic area; support fish or wildlife populations having significant commercial or recreational value; or that would be difficult or impossible to replace. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV.EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2009-974 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded VI. PUBLIC HEARINGS Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: Southold Town Meeting Agenda - December 15, 2009 Page 35 RESOLVEDbe and hereby is declared that this meeting of the Southold Town Board Recessed in order to hold a public hearing. 1. PH Held Open from 12/1/09 - Minor Exempt - WCRL History: 12/01/09 Town Board ADJOURNED Next: 12/15/09 2. PH 12/15/09 4:35 PM, Proposed Amendments to the Community Development Block Grant Program Budgets for the 2007, 2008 and 200 Budgets Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at __________ P.M.