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Home My WebLink AboutTB-12/15/2009ELIZABETH 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.northfork.net MINUTES December 15, 2009 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, December 15, 2009 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 4:30 PM with the Pledge of Allegiance to the Flag. Call to Order 4:30 PM Meeting called to order on December 15, 2009 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization William Ruland Town of Southold Vincent Orlando Town of Southold Albert Krupski Jr. Thomas H. Wickham Louisa P. Evans Scott Russell Elizabeth A. Neville Martin D. Finnegan Town of Southold Town of Southold Town of Southold Town of Southold Town of Southold Town of Southold I. Reports Judge Bruer Monthly Report November 2009 Title : Status Arrived Councilman Present Councilman Present Councilman Present Councilman Present Justice Present Supervisor Present Town Clerk Present Town Attorney Present 2. Program for the Disabled November 2009 3. Town Clerk November 2009 4. Special Projects Coordinator November 2009 December 15, 2009 Page 2 Southold Town Board Meeting Minutes o Dept. of Public Works November 2009 o Zoning Board of Appeals November 2009 Human Resource Center October 2009 8. Building Dept November 2009 9. Board of Trustees November 2009 II. Public Notices NYS Liquor License Renewal Agia Varvara Inc. d/b/a Delicious, 24375 Main Rd., Orient III. Communications IV. Discussion 9:00 A.M. - John Cushman Budget Update o 9:30 A.M. - Phillip Beltz Emergency Evacuation Policies & Procedures 9:45 A.M. - Jim McMahon Cochran Park basketball court 10:00 A.M. - Land Preservation Committee Recommendation for Bidding Process 10:15 A.M. - Land Preservation Committee Bittner Demolition Project 10:30 A.M. - 11:15 A.M. BREAK December 15, 2009 Page 3 Southold Town Board Meeting Minutes 6. LWRP Exemptions Follow up/Combined Meeting 7. Committees - Contacts & Communications - Website Updates - New Year Goals - Referral to Committees i.e. Purchases, 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 RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, November 17, 2009 Vote Record - Acceptanc~ of Minutes for November 17, 2009 4:30 PM Yes/Aye No/Nay Abstain Absent William Ruland Voter [] [] [] [] [] Accepted yincent Orlando Voter [] [] [] [] [] Accepted as Amended Albert Krupsk! Jr. Voter [] [] [] [] [] Tabled Thomas H, Wickham Seconder [] [] [] [] Louisa P. Evans Initiator gt [] [] [] Scott Russell Voter gl [] [] [] RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, December 01, 2009 December 15, 2009 Page 4 Southold Town Board Meeting Minutes Vote Record ~ Acceptance of Minutes for December 1, 2009 7:30 PM Yes/Aye No/Nay Abstain ~ Absent William Ruland Voter [] [] [] [] [] Accepted Vincent Orlando Voter [] [] [] [] [] Accepted as Amended Alber~ Krupski Jr. Voter [] [] [] [] [] Tabled Thomas H. Wickharn Seconder [] [] [] [] Louisa P. Evans Initiator [] [] [] [] Scott Russell Voter [] [] [] [] V. Resolutions Statement SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance to the Flag. Thank you. I would invite anybody at this point who has a comment on any of the agenda items to please feel free to come up and comment now. (No response) Hearing none, we will get to business. 2009-944 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit 12/15/09 RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated December 15~ 2009. Vole Record ~ Resolution RES-2009-944 [] Adopted [] Adopted as Amended yes/Aye No(Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] El [] Tabled Vincent Orlando Voter [] [] 13 [] [] Withdrawn Albert Krupski Jr. Voter [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Seconder [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Initiator [] [] 13 [] [] Town Clerk's Appt Scott Russell Voter [] [] [] 13 [] Supt H~wys Appt 2009-945 CA TEGOR Y: DEPARTMENT: Set Meeting 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 that the Organizational Meeting of the Town Board of the Southold Town Board be held, at 11:00 AM on Tuesda,% January 5~ 2010 at the Southold Town Hall, Southold, New York. December 15, 2009 Page 5 Southold Town Board Meeting Minutes g~ Adopted [] Adopted as Amended Yes/Aye No/Nay Absta n Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando V0ier [] I-I [3 [] Withdrawn [] Supervisors Appt Albert Krupski Jr. Voter [] [] [] [] [] Tax Receiver's Appt Thomas H. Wickham Seconder [] [] [3 [] [] Rescinded Louisa P. Evans Initiator [] ~ U1 [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] : [] [] Supt Hgwys Appt 2009-946 CATEGORY: DEPARTMENT: Set Meeting 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 ReeOrd., Resolution RES-2009-946 [] Adopted [] Adopted as Amended yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled vi"ceni orlando Voter [] Withdrawn [3 Supervisor's Appt Albert Krupski Jr. Voter [] [] [] [] [] Tax Receiver's Appt Thomas H Wickham Seconder [] [] [3 [] [] Rescinded Louisa P. Evans Initiator El [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hlgwys Appt 2009-947 CATEGORY: DEPARTMENT: Bid Acceptance Public Works Goldsmith Inlet Dredging RESOLVED that the Town Board of the Town of Southold hereby authorizes Chesterfields 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 Reeor~i - Re~olution RES-2009-947 ~ ' [] Adopted [] Adopted as Amended ~es/Aye No/Nay Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled ~ Vincent Orlando Voter [] [] [] [] [] Withdrawn Albert Krupski Jr. Voter [] [] [] [3 [] Supervisor's Appt Thomas H. Wickham Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Initiator El [] [3 : [] [] Supt Hgwys Appt December 15, 2009 Page 6 Southold Town Board Meeting Minutes 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 resignation of Commissioners of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby acknowledges the resignation of Commissioner Lillie Ahman from the Board of Commissioners of the Fishers Island Ferry, District effective October 13, 2009. ~ v0le Record; ReS°lUti0n RES-2009.948 [] Adopted [] Adopted as Amended Yes]Aye No/Nay Abstain Absent [] Defeated William Ruiand Voter [] vi [] [] [] Tabled Vincent Orllmdo Initiator [] [3 V1 [3 [] Withdrawn [] Supervisor's Appt Albert Krupski J[: Seconder [] 12] [] [] Thomas H. Wickham Voter [] [] [] [] [] lax Receiver's Appt [] Rescinded Louisa P. Evans Voter g~ [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2009-949 CA TEGOR Y: DEPARTMENT: Budget Modification Town Clerk Establish 2009 Capital Budget Records Project Fiscal Impact: 2009 Capital Budget Restore Early Town Records in the amount of $5,500.00 RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Proiect in the 2009 Capital Budget: Capital Project Name: Restore Early Town Records Financing Method: Transfer fi.om General Fund Whole Town Budget Revenues: H.5031.36 Interfund Transfers $5,500.00 December 15, 2009 Page 7 Southold Town Board Meeting Minutes Appropriations: H. 1460.2.400.200 Restore Early Town Records Records Management Capital Outlay Contracted Services Restore Early Town Records $5,500.00 VOte Rec°rd - ReS°luflhn RE8-2009-949 [] Adopted [] Adopted as Amended yes/Aye N0~Nay Abstain Absent [] Defeated William Ruiand Voter [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Voter [] [] [] [] [] Tax Receiver's Appt Voter [] Rescinded Louisa P. Evans gt [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2009-950 CATEGORY: DEPARTMENT: Budget Modification Accounting Budget Modification for Retirement Incentive Fiscal Impact: Provide adequate appropriations for those 7 employees taking the 2009 retirement incentive RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 budget as follows: General Fund Whole Town From: A.9010.8.000.000 A.9015.8.000.000 To: A.1110.1.100.600 A.1310.1.100.600 A.3120.1.100.600 ERS Retirement Benefits PFRS Retirement Benefits 29,500 $ 30,500 Justices, P.S., Retirement Incentive $ 20,000 Accounting & Finance, P.S., Retirement Incentive 15,000 Police, P.S.., Retirement Incentive 25,000 General Fund Part Town From: B.1990.4.100.100 B.9010.8.000.000 To: B.8010.1.100.600 Unallocated Contingencies ERS Retirement Benefits Zoning, P.S., Retirement Incentive $12,600 7,400 20,000 Highway Fund Part Town From: December 15, 2009 Page 8 Southold Town Board Meeting Minutes DB.9010.8.000.000 DB.9040.8.000.000 DB.9901.9.000.000 To: DB.5110.1.100.600 ERS Retirement Benefits Workers Compensation Benefits Transfers to Health Plan $14,400 5,200 20,400 General Repairs, P.S., Retirement Incentive $ 40,000 ~' V0~ Rec°~; ResoiUtion RES-2009-950 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter ~ [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn ~lb~ ~pSki Jr. Voter [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Seconder [] [2 [] : [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Initiator ~ [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2009-951 CATEGORY: DEPARTMENT: Budget Modification Accounting Budget Modification for MTA Payroll Tax Fiscal Impact: Provide appropriations for the MTA Payroll Tax RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 budget as follows: General Fund Whole Town From: A.9015.8.000.000 PFRS Retirement Benefits To: A.1980.4.000.000 MTA Payroll Tax $ 40,000 $ 40,000 General Fund Part Town From: B. 1990.4.100.100 Unallocated Contingencies To: B. 1980.4.000.000 MTA Payroll Tax $ 4,000 $ 4,000 Highway Fund Part Town From: DB.5110.4.100.900 Resurfacing Projects To: DB.1980.4.000.000 MTA Payroll Tax $ 6,000 $ 6,000 Community Preservation Fund December 15, 2009 Page 9 Southold Town Board Meeting Minutes 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 PayrollTax $ 3,000 Vote R~eord -Resolution RES-2009-951 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] U [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Albert Krupski Jr.Voter [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Initiator [] [] [] [~ [] Tax Receiver's Appt Lou sa P Evans Seconder [] [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2009-952 CATEGOR~ DEPARTMEN~ Authorize to Bid Solid Waste Management District Bid for HHW for 2010-2001 RESOLVED that the Town Board of the Town of Southold hereby .authorizes and directs the Town Clerk to advertise for bids for the removal of Household Hazardous Waste from the Transfer Station for the 2010-2011 calendar year. [] Adopted [] Adopted as Amended Yes/Aye No/N~y Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Seconder El rn 13 ri [] Withdrawn Albert Kmpski Jr. Voter [] [] [] [] [] Supervisor's Appt Thomas H. Wickham voter El I~ V1 FI [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] [] [] D [] Supt Hgwys Appt 2009-953 CATEGORY: DEPARTMENT: Budget Modification Town Clerk Rescind Records Archive Grant Budget Appropriation December 15, 2009 Page 10 Southold Town Board Meeting Minutes 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 that the Town Board of the Town of Southold hereby rescinds Resolution 2009- 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 Revenues: A.3089.00 Central Data Processing, Capital Outlay Municity Software Miscellaneous State Aide Records Archive Grant $35,221 $35,221. [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando hfitiator [] Fl [] [] [] Withdrawn Albert Kmpski Jr. Seconder I~ [] [] [] [] Supervisor's Appt Thomas H. Wickham Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] O [] Rescinded Scott Russell Voter [] FI [] [] [] Town Clerk's Appt FI Supt Hl~wys Appt 2009-954 CA TEGOR Y: DEPARTMENT: · Budget Modification 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. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 Department of Public Works budget as follows: From: A.1620.4.100.300 Buildings & Grounds, C.E. $1420.00 Supplies & Materials Janitorial Supplies December 15, 2009 Page 11 Southold Town Board Meeting Minutes T_.qo: A. 1620.2.500.200 Buildings & Grounds, Equip. $1420.00 Other Equipment & Capital Outl. Cleaning Equipment [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [2] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [21 Withdrawn Albert Kmpski Jr. Initiator [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Voter [] [] [] [] [] Tax Receiver's Appt [] Supt Hswys Appt 2009-955 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Land Preservation 2010 Peconic Land Trust Contract Fiscal Impact: Contract language same as 2009 contract. Compensation amount is 2010 adopted budget. in accordance with Town Board RESOLVED that the Town Board of the Town of Southold hereby engages the professional 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~ sub,iect 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 [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent OrlandoVoter [] [] [] [] [] Withdrawn Albert Krupski Jr. Voter [] [] [] [] [] Supervisors Appt Thomas H. Wickham Seconder ~ [] [] [] [] Tax Receiver's Appt Louisa P. Evans Initiator [] [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2009-956 CA TEGORY: Contracts, Lease & Agreements December 15, 2009 Page 12 Southold Town Board Meeting Minutes 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 that thc Town Board of the Town of Southold hereby eneaees the orofessional services of Thc Nature Conservancy to perform Conservation Planning~ Acquisition~ and Professional Services related to the Town's land preservation ettorts~ and authorizes thc Supervisor to sign the agreement between The Nature Conservancy and the Town of Southold~ subiect 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). [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland ~oter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Albert Krupski Jr. Voter [] [] F1 FI [] Supervisor's Appt Thomas H. Wickham Initiator [] [] 13 [] [] Tax Receiver's Appt Louisa P. Evans Seconder [] [2] [] [3 [] Rescinded [] Town Clerk's Appt Scott Russell voter [] [] : [] [] [] Supt Hgwys Appt 2009-957 CATEGORY: DEPARTMENT: Budget Modification 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 Publishers Corporation 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: Budget: Grant from NYS Education Revenues: H.3089.10 Record Archives Grant $ 88,053 December 15, 2009 Page 13 Southold Town Board Meeting Minutes Appropriations: H. 1680.2.2.400.200 Central Data Processing Equipment & Capital Outlay Municity Software $ 88,053 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn Albert Krupski jrl Voter [] [] 12] [] [] Supervisor's Appt [] Tax Receiver's Appt Thomas H. Wickham Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [3 [] Supt Hgwys Appt 2009-958 CATEGOR~ DEPARTMENT: Budget Modification Police Dept Budget Modification - Police 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 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 General 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 [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando Initiator [] [] [] [] [] Withdrawn Albert Krupski Jr. Voter [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2009-959 C,4 TEGOR Y: DEPARTMENT: Budget Modification Highway Department Modify the 2009 Part-Town Building Department Budget December 15, 2009 Page 14 Southold Town Board Meeting Minutes Fiscal Impact: To correct under appropriated funds for travel to Fishers Island and replacement cost of an old computer. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 Part- Town Building Department budget as follows: From: B.3620.1.100.200 To: B.3620.2.200.550 B.3620.4.600.300 Full-Time Overtime Earnings $2,000.00 Computers $1200.00 Travel $ 800.00 g~ Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Seconder [] 13 13 13 [] Withdrawn Albert Krupski Jr. Initiator [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Voter [] [] [] ~ [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter fi] [] [] [] [] Supt Hgwys Appt 2009-960 CATEGOR~ DEPARTMEN~ Bid Acceptance Highway Department Accept 2010 Diesel Fuel RESOLVED that the Town Board of the Town of Southold hereby accepts the bid from Petro 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 * Reaoluti0n RES-2009-960 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] Withdrawn [] [] Albert Kmpski Jr. Voter [] [] [] Supervisor's Appt ~m~s lq ~ ~khmn ~ec~der fi] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Initiator [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2009-961 CA TE GO R Y: Bid Acceptance December 15, 2009 Page 15 Southold Town Board Meeting Minutes DEPARTMENT: Highway Department Accept 2010 Gasoline Bid RESOLVED that the Town Board of the Town of Southold hereby accepts the bidls! from 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 [Ethanoll and Unleaded Plus Gasoline [Ethanoll, respectively, for the 2010 calendar year~ subject to the approval of the Town Attorney. Iii Adopted [] Adopted as Amended Yes(~ye No/Nay Abstain Ab~ [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] ~ Wi*drawn Xib~ ~pSki Jr. V~i~ [3 [3 [3 [] Supervisors Appt Thomas H. Wickham Initiator [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Seconder [] [3 [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [3 [] [] Supt Hgwys Appt 2009-962 CA TEGOR Y: DEPARTMENT: Bid Acceptance Highway Department Accept 2010 Sand Bid RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of 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 Attomey. ~ V~te R~oi'd ~ Re~oiution RES-2009~62 [] Adopted [] Adopted as Amended YesIAye No/Nay Abstain Absent [] Defeated William Ruland Initiator [] [] gl [] [] Tabled ~ec~der Vincent Orlando [] Withdrawn Albert Krupski Jr. Voter ~ Fl Fl [] [] Supetvisor's Appt Thomas H. Wickham Voter [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2009-963 CA TEGOR Y: DEPARTMENT: Grants Community Development 2010 Program Application - Youth Services Program December 15, 2009 Page 16 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs 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. [] Adopted [] Adopted as Amended yes/Ay~ No/Nay Ab~ain Absent [] Defeated William Ruinnd Voter [] [] [] [] [] Tabled Vinceni orlando Initiator [] [] [] [] [] Withdrawn A!b~rt ~P~k! J[. ~d~ ~ [] [3 [3 [] Supervisor's Appt Thomas H. Wickham Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2009-964 CATEGORY: DEPARTMENT: Employment - F1FD Accounting Change Rate of Pay for F1FD 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 RESOLVED that the Town Board of the Town of Southold hereby increases the hourly rate of pay for Deckhand (FIFD) Conal O'Keefe effective October 1, 2009 from $14.00 per hour to $15.00 per hour. Vote Reeord- Resolution ILE8-2009-964 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn Albert Krupski Jr. Initiator [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2009-965 CATEGORY: DEPARTMENT: Budget Modification Human Resource Center Budget Modification-HRC Equipment Repairs December 15, 2009 Page 17 Southold Town Board Meeting Minutes Fiscal Impact: To redistribute previously allocated budgeted funds to cover maintenance/repair items 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: Appropriations: Prourams for the Auin2 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 Equipment Maintenance & Repairs $250.00 Miscellaneous Postage $50.00 Total: ($300.00) A.6772.4.400.600 A.6772.4.600.400 v' Vpte Record- Resolution RES-2009-965 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Albert Kmpski Jr. Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Thomas H. Wickham Second~- [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2009-966 CA TE G OR Y: DEPARTMENT: Budget Modification 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 weatherproof stand alone vacuum will be placed under the overhang of the Headquarters building so that the cars can continue to be maintained. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 General Fund Whole Town budget as follows: December 15, 2009 Page 18 Southold Town Board Meeting Minutes F~om-' A.3120.4.100.100 To: A.3120.2.500.150 Office Supplies & Stationery $1091.87 Vacuum Equipment $1091.87 [] Adopted [] Adopted as Amended Yes/AYe No,Nay Abstain Absent [] Defeated William Ruland . Voter [] [] [] [] [] Tabled Vincent Orlando Voter 1~1 [] [] [] [] Withdrawn Aibert Kmpski Jr. Voter [] [] [] Supervisor's Appt [] Tax Receiver's Appt Thomas H' W!ckham Initiator [] [] [] : [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scoa Russell Voter [] [] [] [] [] Supt Hgwys Appt 2009-967 CA TEGOR Y: DEPARTMENT: Bid Acceptance Public Works 2010 Heating Fuel Oil RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Burt's 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 [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland initiator [] [] [] [] [] Tabled Vincent Orlando Seconder [] [] [] [] [] Withdrawn Albert Krupski Jr. Voter [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Thomas H. Wickham Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scoa Russell Voter [] [] [] [] [] Supt Hgwys Appt 2009-968 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements 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 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Intergovernmental Agreement between the Town of Southold and New York State Office of Parks, Reereation~ and Historic Preservation regarding the NYS Office of Parks allowing the Town to use a State-owned motorized boat for December 15, 2009 Page 19 Southold Town Board Meeting Minutes marine law enforcement purposes, at no cost to the Town, subject to the approval of the Town Attomey. g~ Adopted [] Adopted as Amended Yes/Aye No/Nay ~bs~ain Absent [] Defeated William Ruland Voter gt [] [] [] [] Tabled Vincent Orlando Initiator gl [] F1 [] Withdrawn ~!~ ~PS~ Jt~ ~9~ : [] 0 Fl [] [] Supervisor's Appt Thomas H. Winkham Voter gl [] [] [] [] Tax Receiver's Appt Voter [] Rescinded Louisa P. Evan~ ~ [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2009-969 CA TEGOR Y: 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 RESOLVED that the Town of Southold hereby recognizes the importance of promoting employee and public safe ,ty and adopts the 2009 Town of Southold Emergency Evacuation Policy. Vote Record - Resolution RES-2009-969 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Albert Kmpski Jr. Initiator [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2009-970 CATEGOR~ DEPARTMENT: Contracts, Lease & Agreements Town Attorney December 15, 2009 Page 20 Southold Town Board Meeting Minutes 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 SouthoM 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 RESOLVED that the Town Board of the Town of Southold hereby 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, 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 ~ Resolul~h RES~2009~970 [] Adopted [] Adopted as Amended ~es/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdraw~ Albert ~psk! ~, ~0ter [] [] [] 0 [] Superviso~'s Appt Thomas H. Wickham Seconder [] [] [] D [] Tax Receivex's Appt Louisa P. Evans Initiator [] [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2009-971 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Memorandum of Agreement W/CSEA RESOLVED that the Town Board of the Town of Southold hereby approves the 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. Vote Record - Resolution RES-2009-971 [] Adopted [] Adopted as A~nended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruinnd Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Albert Krupski Jr. Voter [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Initiator [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Seconder [] [] D [] D Rescinded Voter [] Town Clerk's Appt Seot~ Russell [] [] [] [] [3 Supt Hgwys Appt 2009-972 CA TE GO R Y: DEPARTMENT: Local Law Public Hearing Town Attorney December 15, 2009 Page 21 Southold Town Board Meeting Minutes LL/Amendments to Use Regulations/Accessory Apts. WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 15th day of December, 2009, a Local Law entitled "A Local Law in 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. The proposed Local Law entitled, "A Local Law in 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" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law in 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". 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. 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. December 15, 2009 Page 22 Southold Town Board Meeting Minutes §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: 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; (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] 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, except for two-family dwellings and the uses set forth in Subsection B(15) hereof, are December 15, 2009 Page 23 Southold Town Board Meeting Minutes 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. [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 fights-of-way as well as structures and other installations necessary to serve areas within the Town, except that wireless communication facilities December 15, 2009 Page 24 Southold Town Board Meeting Minutes (7) (8) (9) (10) (11) (12) (13) 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] 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. 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. 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. Veterinarian's offices and animal hospitals, subject to the following requirements: (a) The housing of all animals shall be in a fully enclosed structure, if nearer than 150 feet to any lot line. Cemeteries. Stables and riding academies. EN 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 December 15, 2009 Page 25 Southold Town Board Meeting .Minutes (c) (d) (e) (0 (g) (h) (i) (9 for year-round occupancy, evidenced by a written lease for a term of one or more years. The existing one-family dwelling shall contain not less than 1,600 square feet of livable floor area. The accessory apartment shall contain not less than 450 square feet of livable floor area. 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)(i) hereof. A minimum of three off-street parking spaces shall be provided. Not more than one accessory apartment shall be permitted on a lot. The accessory apartment shall meet the requirements of an dwe!!ing unit apartment as defined in § 280-4 hereof. The exterior entry to the accessory apartment shall, to the maximum extent possible, retain the existing exterior appearance of a one-family dwelling. ~.~_~+ ~... ~_~ ~ +~ ~:~.:~. r~,.-a,+;~ S bi t to all th ,~t~ ......... , .............................. ~ ............. U ec 0 er 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, ma,/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 %20-1993 by L.L. No. 6-1993] (1) 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 ka;'e be eligible for or have a valid certificate of occupancy issued prior to January 1, 19g~. 2004, or proof of occupancy prior to that date. [Amended 5-20-1993 by L.L. No. 6-1993] (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. December 15, 2009 Page 26 Southold Town Board Meeting Minutes (14) (q) No bed-and-breakfast facilities, as authorized by § 280-13B(441~) 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] 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 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 December 15, 2009 Page 27 Southold Town Board Meeting Minutes (l) (m) (n) (o) (p) 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. 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. 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 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 heating, 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 heating. 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. 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 December 15, 2009 Page 28 Southold Town Board Meeting Minutes 0415) (4417) 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)(v), 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. 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 siguage 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. Historical society. [Added 11-12-1996 by L.L. No. 20-1996] Preservation and use ora 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] 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. ~' v0te Re.rd ~ Resoluti0n RES-2009=972 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Initiator [] [] [] [] [] Tabled Vi~i oriando ~der ~ F1 I~ [] [] Withdrawn Albert Krupski Jr, Voter [] [] D E] [] Supervisor's Appt Thomas H. Wickharn Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [ [] [] Rescinded Voter [] Town Clerk's Appt Scott Russell [] [2 ~ F1 [] Supt Hgwys Appt December 15, 2009 Page 29 Southold Town Board Meeting Minutes 2009-973 CATEGOR~ DEPARTMENT: Support/Non-Support Resolution 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-connty 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 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 December 15, 2009 Page 30 Southold Town Board Meeting Minutes 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 RESOLVED, that the Town Board of the Town of Southold hereby supports Assembly Bill A. 8635-A/Senate Bill S. 6311~ amendin~ 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 mobili ,ty 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 Re~ord; Re~olution RES-2009-973 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent OrlandoInitiator [] [] [] [] [] Withdrawn Albert Krupski Jr. Seconder [] [] [] [] [] Supervisor's Appt Thomas H.Wickham Voter I~ [] [] I~ [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] [] Town Clerk's Appt [] Supt HgwTs Appt 2009-974 Tabled 12/1/2009 7:30 PM CA TEGORY: 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 County, New York, on the 22"a 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 RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed December 15, 2009 Page 31 Southold Town Board Meeting Minutes 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; 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, ietties, 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; December 15, 2009 Page 32 Southold Town Board Meeting Minutes H. I. J. Street openings and fight-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 1 O0 feet of the boundary of a natural protective feature zx~eFt wkere tkrcatened .... ~ ..... ~ .... :~ ~c-~, ..... :--~ ..... vc~,~ or within significant 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 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; December 15, 2009 Page 33 Southold Town Board Meeting Minutes 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 ~ 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 ! 00 250 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 "'~'~-~' 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 silt curtain omployod 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 Areal JJ. Construction or installation of drainage improvements for the retention of storm water runoffin accordance with Chapter 236, ~rc;'!~ December 15, 2009 Page 34 Southold Town Board Meeting Minutes 0 20~000 30 25 ~n nnn 4n nnn 4n ~c 4fl nnn ~n nnn ~c cn ~n nnn 9n nnn 75 45 cc 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 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 December 15, 2009 Page 35 Southold Town Board Meeting Minutes 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 - Re~olution RES-2009-974 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Albert Krupski Jr. Voter [] [] [] [] [] Supervisor's Appt Thomas H. Wickham Initiator ~l [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Seconder [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [21 [] [] Supt Hgwys Appt 33. Comments regarding resolution 974 SUPERVISOR RUSSELL: Yes, with the understanding that we have a very, very long list to 2009-975 CATEGORY: DEPARTMENT: Budget Community Development December 15, 2009 Page 36 Southold Town Board Meeting Minutes Peconic Lane Community Center RESOLVED that the Town Board of the Town of Southold hereby modifies the 2007~ 2008 and 2009 Community Development Block Grant Budget~ as follows: From: Southold Recreation Center - Bathroom Improvements, FY 2007 Southold Recreation Center - Bathroom Improvements, FY 2008 Peconic Lane Community Center Handicapped Lift, FY 2009 $20,000 $20,000 $19,500 To: Peconic Lane Community Center HVAC System, FY 2009 $59,500 Vote Record - Resolution RES-2009-975 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Vincent Orlando Voter [] [] [] [] [] Withdrawn Albert Kmpski Jr. Seconder ' [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Thomas H. Wickham Voter [] [] [] [] Louisa P. Evans Initiator [] [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hswys Appt VI. Public Hearings Motion To: Motion to recess to Public Heating 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 Motion To: Motion to re-open the heating L L on Minor Exemptions RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Supervisor Russell December 15, 2009 Page 37 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: I was going to ask if anybody wants to comment on the exempt actions. We had a robust discussion a few weeks back on this. This is the LWRP exemptions, the result of the robust discussion is we are literally striking all of section KK from the original draft document. We have also removed any drainage system that is being installed subject to the new code requirement, regardless of its location near a wetland or fragile water body. Councilman Thomas Wickham COUNCILMAN WlCKHAM: IfI could just add, the law that we are reviewing at this time incorporates the measures that we, that went up to public hearing and some that we have taken out that would be taken up at a future time by this Board or by the next Board for inclusion as additional things that could be exempted from LWRP review. Benja Schwartz, Cutchogue BENJA SCHWARTZ: Benja Schwartz, Cutchogue. If I could, if somebody could just briefly explain the mechanism by which these exemptions will be applied? If the matter subject to the exemptions will still be referred to the LWRP coordinator and he will make the determination .... SUPERVISOR RUSSELL: No, the detcamination is, the determination is made by the jurisdictional bodies, the reviewing bodies. The Planning Board, the Zoning Board of Appeals and the Trustees; are typically the three that would review an action, an application and then determine from the list of exemptions that it doesn't need to be forwarded to the LWRP for review. It is the same jurisdictional bodies that make the current determinations on review. You look confused or puzzled, can I help with that? COUNCILMAN WICKHAM: What this says is that the minor actions that we have designated in this resolution would not have to be submitted for LWRP review. That is to say, the action of the body or Board that takes the action is sufficient and it doesn't need that additional level of review. The specific ones that we would exempt in this resolution. MR. SCHWARTZ: It makes some sense doing it that way, it just it requires all of the referring Board's or committees or officers or whatever to understand all of the exemptions. The reason I ask, I recently had some work done on my house and I just replaced the window which is an action that is specifically exempted from the Trustees jurisdiction and yet I was required to pay $50 to submit an application to the Trustees and I received a letter from them confirming that the action was exempt. It didn't make any sense for me. If they don't have jurisdiction, why do I have to apply for an exemption? So I think the way you are doing it in this case makes mom sense. That the referring bodies who make the determination and the LWRP coordinator won't have anything to do with it. Councilman Wickham COUNCILMAN WICKHAM: Thank you. Supervisor Russell SUPERVISOR RUSSELL: Would anybody else like to comment on this? (No response) 2. PH Held Open from 12/1/09 - Minor Exempt - WCRL December 15, 2009 Page 38 Southold Town Board Meeting Minutes History: 12/01/09 Town Board ADJOURNED RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Next: 12/15/09 Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Motion To: Motion to return to regular session RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell 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: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell 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 RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Councilman Wickham COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN the Town Board of the Town of Southold is proposing amendments to the Community Development Block Grant 2007, 2008 and the 2009 Community Development Block Grant Program Budget, as follows to wit: Current New Project Budget Southold Recreation Center - Bathroom Improvements $20,000 -0- Project FY 2007 Southold Recreation Center - Bathroom Improvements Project FY 2008 $20,000 -0- Increase Decrease Budget $20,000 -0- $20,000 -0- December 15, 2009 Page 39 Southold Town Board Meeting Minutes Peconic Lane Community Center Handicapped Lift Project FY 2009 Peconic Lane Community Center HVAC System Project FY 2009 $19,500 -0- $19,500 -0- -0- $59,500 -0- $59,500 The Town Board of the Town of Southold hereby sets 4:35 PM Tuesday, December 15, 2009, Sonthold Town Hall, 53095 Main Road, Sonthold, New York 11971, as the time and place for a Public Hearing to hear citizens on the aforesaid proposed amendments. Interested citizens should attend this meeting to comment on the proposed changes. Written comments should be addressed to Elizabeth A. Neville, Southold Town Clerk, Southold Town Hall, PO Box 1179, Southold, New York 11971 I have a notice that it has appeared as a legal in the local newspaper and I am sure it has appeared on a bulletin board in the building here. Supervisor Russell SUPERVISOR RUSSELL: amendments? (No response) Would anybody like to comment on the block grant proposed Closing Comments Supervisor Russell SUPERVISOR RUSSELL: That concludes the agenda. Would anybody like to come up and address the Town Board on any issue? Frank Wills, Mattituck FRANK WILLS: Frank Wills, Mattituck. I do believe that today is the last formal Board meeting that Mr. Wickham will attend and if so, I wish him and I think I would say everybody around here, all the very best in the future. COUNCILMAN WICKHAM: Thank you, Frank. MR. WILLS: I am sorry to see you go. Goodbye. SUPERVISOR RUSSELL: I will tell you with absolute candor and sincerity that it has been an honor serving with Tom. When I first got elected Supervisor, Tom reached out to me very quickly, was very generous with his time and his knowledge when I was taking on the new job and despite the more or less overly empathized head butting that we have done, I think it tends to get too much focus, I think any board member here will probably tell you Tom and I probably agreed more than many of the other board members on this board for the last four years. So it was an honor to serve with Tom and I know that Tom still has a lot to contribute to the town, December 15, 2009 Page 40 Southold Town Board Meeting Minutes probably in a more informal capacity but I don't suspect that we have seen the last of Tom. JUSTICE EVANS: Hopefully not. SUPERVISOR RUSSELL: Hopefully not. COUNCILMAN ORLANDO: He has to come back and read all the public hearings. SUPERVISOR RUSSELL: Yes, we have to figure out who we are going to saddle with that. Benja Schwartz BENJA SCHWARTZ: Benja Schwartz, Cutchogue. That was the first item on my list here also. The second item, this is also the last Town Board meeting of 2009 and I would like to ask if the Town Board has performed any formal review of the year 2009 activities in town government. SUPERVISOR RUSSELL: Not yet. Other than our financial, our fiscal house, I would say no. COUNCILMAN KRUPSKI: Well, at the work session you did have the discussion about the committees and how they, you were going to try to reorganize a lot of the different committees. SUPERVISOR RUSSELL: Yes. Restructuring for the new year. But as far as a top down review of the entire town, no. we do get monthly reports from every department head with regard, I would say, the evaluation of 2009 in its entirety, to extent that yes, for the financial circumstances we have but not for the regular goings on that we have of each department. Mr. SCHWARTZ: I know they have an organization meeting scheduled at the beginning of every year, including next year and I think it might be interesting to institute a, some type of review. Maybe not this year, next year. Another idea, is it possible that Southold Town government could put together some kind of a news letter? Most organizations do publish some kind of a thing. I even thought of a title for it. The talk of Southold Town. SUPERVISOR RUSSELL: We used to have one, that actually emanated from the Supervisors office. I put an end to that because I always saw that as more an exploitation of tax dollars. It, you know, you would get a four page letter in the mail that would mention the supervisor in office, you know, 16 times. I didn't think, as much as it is nice to showcase the town, it is very expensive to even at a bulk rate, to send that type of mailing to the public. But ! would, in the new year, like to mention that we did discuss making updates to the website a, one of our first priorities. And then any news, any noteworthy events should be emanated through the website. It is a much more cost effective and much more environmentally friendly way to do business. MR. SCHWARTZ: Perhaps there should be a dedicated section of the website. And it is also possible to publish a letter electronically at virtually no cost now so that people can either read it online or print it on their own computers. SUPERVISOR RUSSELL: If you have email addresses. December 15, 2009 Page 41 Southold Town Board Meeting Minutes MR. SCHWARTZ: If you have a website and using the portable document format to, and then they can print the same on all .... SUPERVISOR RUSSELL: Well, I understand that. But we would need to get that content on the website. That is something we are going to make a priority in the new year. MR. SCHWARTZ: So a couple of things that I think are significant that happened in 2009; we started off with a bank with three new laws. Modifying the regulations, the land use regulations controlling hamlet density zoning and I would like to congratulate the Town Board on that. It was a great start. Now that the year is ending, I don't know what I else exactly I want to congratulate the Board on but a couple of things that are ongoing that I would like to see some information being provided to the public, whether in a newsletter or on the website, somehow. For instance the status of the several litigations. The Heritage at Cutchogne litigation, the Southwold of Southold litigation against the town, not a day goes by I don't think about these and wonder what is going on and it's, the information is available from the Supreme Court but it involves a trip to Riverhead and the criminal courts building up there or the county clerk's office up there and who has time for all of that and who wants to go up to Riverhead? Anyway, that, you know, the proposed Kace development in Greenport, I was astounded to learn that they were trying to, that they proposed 22 units per acre and the average size of those units is 50% larger than the size provided for in the new hamlet density zoning regulations. So 22 good size apartments per acre, it is pretty heavy duty for Southold town. The Christmas shop, largest Christmas shop in the northeast, which in November the newspaper reported that the town had won the lawsuit and the Christmas shop was going to be closed for business but not only are they still open but everyday I go out to the Main Road and the end of Pequash and I see that the people heading east turning left across the traffic not only go across the lane of traffic but they drive right across the left turning lane which had been the new road improvements that were made by New York state a couple of years ago, provided a suicide turning lane in the middle of the other two lanes. Narrowed the road that we are used to be, anyway, I don't want to go on but at the very least I had mentioned before I think that it would be nice if the stop line at the end of Pequash Avenue could have been repainted since all the traffic, it was worn off by all the traffic this summer and people pull out a little too far and somebody is going to get hurt. I think you were discussing the committees this morning I mentioned about I was concerned about the status of the Southold Town common planning task force as I call it, Scott you had said something maybe you had some information, an update on it? SUPERVISOR RUSSELL: Yes, look into the resolution that was adopted by the Board. Did we pull that resolution? That indicates, just as a clarification to your discussion this morning, in reading the town code it says that the Town Board by resolution may establish advisory committees for such purposes and then it talks about the need for a resolution. The task force is all town hall employees and we can direct employees to work on any project we assign to them without resolution, without fanfare. In the interest of clarity, if we need to spell it out in a new resolution, I don't have an objection to that but I think we have already done that. MR. SCHWARTZ: Well, not everything is very clear in the law. The town code, our town laws that are, have been produced by Southold Town board, not necessarily this particular Board, we December 15, 2009 Page 42 Southold Town Board Meeting Minutes have a set of laws that are codified, chapter one, five, nine, thirteen. Somebody couldn't count. But chapter 13 which refers to committees says yes, the Town Board may establish committees but then it says that once, if the Town Board establishes a committee the Town Board shall and the committees shall and the task force shall be deemed to be a committee and the Town Board shall provide a, shall determine the composition, shall designate the purpose of the formation of the committee, scope or its duration. You know, I think we need to know what our government is doing. And I understand that ifa couple of people want to meet in one of the departments, it doesn't have to be a formal to do about that but when you have a task force, pulling people from all different departments and with the Town Board and addressing an issue such as the production of a comprehensive plan for the town which is confusing in that the Town Board itself has reserved control over that process and yet has also enacted a formal resolution appointing the Planning Board to control that process. So I am confused and I do believe that planning, at least formal planning, if we are embarking on a process to produce a formal plan, we should at least follow the rules that we ourselves made. So that is all I have to say about that. In terms of planning for the town, I know you are doing a study of Mattituck right now but something that I have been, has been running through the back of my mind and I would just like to say again, I would like to see a map of the hamlets of Southold Town. I believe that Southold Town needs to develop a common identity but we do have a lot of people here who are vulcanized and feel like they are from Greenport or Orient or East Marion and I think the unique identities of each location are very important also. We don't necessarily have to locate exactly where each one is on a map but it seems like there is probably some somewhere some designations have been made and it would be a pleasure to see a map of the town that shows where the different hamlets are. I know when I looked into it, I was very surprised that, which parts of Southold Town actually belong to Mattituck versus which parts belong to Cutchogne etc. Maybe my last question tonight if I could ask a question, do you realize that our salt marshes are dying? Does anybody on the Town Board have a comment on that? COUNCILMAN KRUPSKI: Yes, it has been, you mean the spartina, altema flora disappearing from the middle? The marsh islands? In fact, right out in front of your house. MR. SCHWARTZ: Yes. My estimate would be 50% of the marsh islands which it is estimated took thousands, if not millions, of years to form are seriously impacted, if not dead, already. COUNCILMAN KRUPSKI: Those are... MR. SCHWARTZ: And this phenomenon was originally designated by scientists as sudden marsh die back and then they realized it wasn't sudden. It is very slow and continuous and pervasive. And it, you know, I submit to you that we have a problem that is getting worse, as we speak. SUPERVISOR RUSSELL: I submit to you that we are addressing it in every way possible, road runoffmitigation; things are costly and take time but we are trying to address those issues, where there are other jurisdictions that are trying to address those issues as well. It is a problem that took years in the making and unfortunately it is going to take some time to undo. December 15, 2009 Page 43 Southold Town Board Meeting Minutes MR. SCHWARTZ: I don't remember reading anything in the local paper or hearing, I know the town is doing certain things but there are other things that the that the town is not doing that it could do. I think with respect to the water supply, the Suffolk, so called Suffolk County Water Authority, I don't agree with what their authority of... SUPERVISOR RUSSELL: Is it attributable to... MR. SCHWARTZ: They call, we call it public water or community water but really what they are doing is taking the public water, the water that we access with our individual private wells and they are appropriating it .... SUPERVISOR RUSSELL: And t hen selling it back to us. We are aware... MR. SCHWARTZ: Selling it to private persons and residences and businesses and the problem with it is that they are also importing water from Riverhead which every significant, every study that was not, that I respect in the planning archives of Southold town says that we should not be importing fresh water. Why not? Because that water is not just coming in pure and clean water, it is coming in and going through houses, it is being used and then it is being combined with urine and bowel movements and it is going back into our water table and into our estuary. Well, there are technologies that can make a difference and a lot of towns, they are starting to use waterless urinals and composting toilets, there are some in town but I would think that Southold town could maybe do something to study that issue and promote the use of more technology that could perhaps make a difference. Thank you very much. COUNCILMAN ORLANDO: Thank you, Benja. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? Valerie? Valerie Scopaz, Southold VALERIE SCOPAZ: I came down because I suddenly realized that this evening would be Tom Wickham's last Town Board meeting before going back into private life and I realized that I probably, of all the Town Board elected officials that I have worked with through the years, I probably have worked with Tom the longest and I felt that I just wanted to come down and address a couple of observations. I had the great good fortune to serve and work with you, first as a councilperson, then as the supervisor and then again as a councilperson and I have to say that it is rare in all my years of public service have I ever seen a person run for councilperson, go up to higher office and then willingly go into a lower office again and I think that says a lot about your character and your intent, which is you really were interested in doing what you could for the town in service as opposed to doing it for personal gain or glory. There are a couple of things that I just wanted to note for the record. First, I found it very interesting and unusual that you were secure enough as a person to listen, even if you disagreed with the other person. You would generally listen with genuine interest and openness and you were interested in engaging in a constructive dialogue with the intent of providing an effectuation. It was actually possible to disagree with you without that disagreement becoming personal and that is a very rare quality. You also, through the years, I noticed tried to govern by consensus even when that was not a popular tactic. You have a quality of trusting that the average person would be able to reason to December 15, 2009 Page 44 Southold Town Board Meeting Minutes the issues, if they had all the facts at their disposal. You tried to balance business against environmental concerns in a fair-handed way. And you often challenged people to try to reach a common good and you did that usually leading by example rather than through force of personality. I don't know where that came from whether it was your upbringing on the farm or your years overseas working in developing countries but I was always struck that by the fact that for all of your education, including a doctoral degree, you never ever lost touch with the common man. I think that is an incredible thing in this day and age and I am really grateful to have had the opportunity to work with you and to witness your style of government and I really hope that your service will be an inspiration and example for the future. All the best. SUPERVISOR RUSSELL: Thank you, Valerie. Councilman Wickham COUNCILMAN WICKHAM: Thank you, Valerie. Maybe I can respond very briefly. First of all, today has been a very, a day of real significance to me. Many people from town came and wished me well at a coffee break this morning. The supervisor read a proclamation which was very generous and your comments are very much appreciated. But I would like to take this opporttmity to just reflect a little bit with a few words. First of all, I really have enjoyed at a personal level, working in town government for about 20 years off and on. And it has been a great personal pleasure, it has been a pleasure, virtually everyone I have worked with I have enjoyed and appreciated. Even when I haven't agreed with them, still I have learned from them and I have benefited from them. People ask me what I will be doing. I have chosen to leave office, I intend to play and take a more active role in a group in New Suffolk that is attempting to preserve some 3.7 acres across First Street. That is the New Suffolk waterfront fired. It is a preservation effort that is different from land preservation and farmland preservation that I have been primarily interested in, this is preserving for a public benefit, a waterfront ex-former marina property that we think can be a real asset to the village of New Suffolk. I look forward to making some changes in my farming business. If some of you would look back at my business 20 years ago and then see it today, it is almost the same. There have been hardly any changes. We need, a business needs to make changes, it needs to rejuvenate itself, it needs to have planting of new trees and new developments from time to time and that takes time and effort and thought and I am looking forward to giving considerably more thought to that in the coming years than I have in the past. And of course, as a family farm, it also means spending time with family and I need to do a little more of that. Many people who retire look back and say they have essentially achieved their objectives. I really can't say I have achieved the things I hoped to do. I have achieved some of them and we as a board have achieved some of them but there are many things that remain to be done and I will just tick some of them off because they are important to me and the things that we just haven't moved on some issues that I regard as critical. I think there is a lot more that we as a Board could do to control spending in one or two key departments of this town, we just haven't really taken a grip to do that. As Valerie would know, we have spent years developing a process to establish transfers of development rights in this town, Frank worked with us extensively with us on this. We had series of meetings, we have spent money with consultants to do a SEQRA review, we have a finding statement but it has languished and we still haven't enacted it and upon enactment we would have the potential to save significant tax dollars in our purchase of development rights program if it were enacted. I think we have failed to bring the code enforcement system, the code enforcement effort in this December 15, 2009 Page 45 Southold Town Board Meeting Minutes town out into the open and have it done professionally and have it done openly by a broader array of people, so there is less question, so that I at least would have less question about how it is being used with different people and finally, I feel that we haven't done, as a Board, the Board, we have not done an effective job with dealing with personnel issues in town when they occur. We tend to, we haven't done it effectively and in a timely fashion. Why have these things really not been effectively dealt with? I can't give the full answers but I am just going to give a few of the, my own views about why these things have not fallen in place. Of course, the Board hasn't always agreed with my approach on these things and that is not surprising. I have my own views, every Board member has his or her own views. That is not really surprising but secondly, this Board has been extremely reluctant to differ with the supervisor on issues. It is rather surprising. When I was supervisor there was no reluctance to take issue with some of my views and I think with other supervisors that I worked with. This Board has been surprising reluctant to take issue with the supervisor when he has a view of things. In other cases, the Board has simply not been willing to dig into sensitive issues. As a Board, we just have not been willing on certain occasions to dig into significant issues, and finally, I don't think these things will change unless there is a change in the composition of the Board. And I will make two suggestions about composition. One is it needs to be a closer balance politically and secondly I think this Board would be a much better functioning Board with a larger number of women on it besides my colleague here from Fishers Island. I think there needs to be a balance of gender as well as political bodies. In short, I accomplished some of my goals and I am not going to try to tick them off tonight but I would be kidding myself if I really thought that I have been very effective in much of my recent work on the Board. On the positive side, I am confident that voters will sooner or later, elect a town board with the balance and composition that I spoke of. I am sure it will happen sooner or late and I take real satisfaction from the younger people who have come in to town government in one way or another. I have taken satisfaction from helping to bring some of them in and I am not the only one. The supervisor and other board members have also brought in younger, professional effective people who have done very good work for this town and will continue to do it. That is really more important than any one of us staying on for years and years as a board member. I sincerely appreciate the opportunity the voters have given me to be, to play the role I have played here for these, off and on, some 20 years. It is an opportunity that I will remember for a long time. I wish I could have done more but you just do what you can at that particular time. And I thank you and I sincerely hope all of you have a holiday season of great joy. Thank you very much. SUPERVISOR RUSSELL: Would anybody from the dais like to comment? Councilman Krupski COUNCILMAN KRUPSKI: I would just like to, as Tom mentioned, we did have a ceremony today at coffee break. The Supervisor read a very nice proclamation and Tom, you know, I would just like to thank you, I worked with you when I was a trustee and for years as a Town Board member now. I just want to thank you for all you have given to the Town, I know you put everything you had into it and that is important. Thank you. COUNCILMAN WICKHAM: Thank you. Town Clerk Elizabeth Neville December 15, 2009 Page 46 Southold Town Board Meeting Minutes TOWN CLERK NEVILLE: I would just like to say it has been a pleasure over the years, Tom, many years. Working with your father and then working with you and I wish you luck. COUNCILMAN WICKHAM: Thank you. You always give me the right folder. SUPERVISOR RUSSELL: Anybody else? JUSTICE EVANS: It is going to be s~ange to be here without you. TOWN CLERK NEVILLE: Yes, it will. VII. Proclamation Thomas Wickham WHEREAS Thomas H. Wickham will retire on December 31, 2009 from his position as Councilman for the Town of Southold; and WHEREAS Councilman Wickham has faithfully served Southold Town and its citizens as a member of the Town Board from 1990-1993 and 2002-2009 and as Supervisor from 1994-1995; also serving as liaison to numerous committees and panels, always giving generously of his time and efforts; and WHEREAS the Town Board of the Town of Southold, together with the employees of Southold Town, wishes to pay tribute to Councilman Wiekham as he leaves office, justly deserving recognition for this many years of service to our community; now, therefore be it RESOLVED that the elected officials and employees of Southold Town extend our appreciation to Councilman Thomas It. Wickham for his many years of service and express our best wishes for many more happy and productive years in the future. Supervisor Russell SUPERVISOR RUSSELL: 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 5:31P.M. Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Albert Kmpski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell