HomeMy WebLinkAboutAG-03/23/2010FINAL
AGENDA
SOUTHOLD TOWN BOARD
March 23, 2010
7:30 PM
POLICY:
At scheduled Town Board meetings, the attending public is encouraged to
briefly address the Town Board relating to agenda resolutions prior to their enactment;
the public will also be given time at the conclusion of the regularly scheduled business
agenda to address the Board on any given topic.
CALL TO ORDER
7:30 PM Meeting called to order on March 23, 2010 at Meeting Hall, 53095 Route 25,
Southold, NY.
I. REPORTS
1. Program for the Disabled
February 2010
2. Justice William H. Price
February 2010
3. Board of Town Trustees
February 2010
4. Human Resource Center Monthly Report
- January
- February
II. PUBLIC NOTICES
1. Application to Army Corps of Engineers
George baldwin, 1045 Island View Ln., Greenport - install a pier assembly in Peconic
Bay.
III. COMMUNICATIONS
IV. DISCUSSION
1. 9:00 A.M. - Peter Young
East End Lighthouses
2. 9:30 A.M. - Ben Suglia, Mattituck Lions Club
water for Strawberry Fields
3. 10:00 A.M. - Chief Cochran
- Motorcycles
- Civil Service Lists
4. 10:30 A.M. - Jim McMahon
basketball court
5. 10:45 A.M. - Heather Lanza
Smart Growth Assistance from EPA
6. 11:00 A.M. - Mark Terry, Lorne Brousseau of Cornell Coop Ext
MS4
7. 11:15 A.M. - Mark Terry
LI Sound Futures Fund Grant Opportunities
8. 11:30 A.M. - Mike Verity & Damon Rallis
Proposed Moratorium on Processing, reveiwing and approving site plans 1000' north and
south of Route 25 from railroad trestle in Laurel to the Love Lane intersection in
Mattituck. The 120 day moratorium would be used to evaluate land use, traffic,
pedestrian flow, etc. in that area and a consultant would be hired.
9. Orient-East Marion Park District
resignations and appointments
10. Amended Home Rule Message (S.6774A/A.9861A)
An act authorizing and advisory, non-binding referendum in the towns of Brookhaven,
Easst Hampton, Riverhead, Shelter Island, Southampton and Southold in the county of
Suffolk on the creation of the Peconic Bay Regional Transportation Authority to replace
the Metropolitan Regional Transportation Authority
11. Home Rule Message (S.7036/A.4665A)
An Act to amend the public authorities’ law, in relation to the creation of the Peconic Bay
Regional Transportation Authority. (gives the authority to creat the transportation
district)
12. Proposed Local Law on Chapter 275 (Public Hearings)
13. 2010 Priority List of Stewardship Tasks on Preserves
14. Temporary Appointment as a Marriage Officer (Bob Scott)
15. Water Map Amendment/Browns Hills SEQRA
16. Hire Electrical Inspector?
17. LWRP Proposed Amendments
18. Refund to Resident for Electrical Inspection
19. Advertise for Part-Time Secretary in Police Dept; Seasonal Scale Operator at
Landfill
20. Recommendations/Input from Committees
21. Referrals to Committees
22. 12:00 P.M. - EXECUTIVE SESSION - Michael Krauthamer, Esq.
PBA Contract
23. 12:30 P.M. - Executive Session - John Sepenoski
proposed acquisition of real property the publicity of which would substantially affect the
value thereof
24. 12:45 P.M. - EXECUTIVE SESSION - Assessors
Employment of a particular person
25. EXECUTIVE SESSION - Town Attorney
Matters involving Employment of a particular person
26. EXECUTIVE SESSION - Litigation
Update of Quad Enterprises Co. et al v. TOS et al
MINUTES APPROVAL
RESOLVEDaccepts the minutes
that the Town Board of the Town of Southold hereby
datedTuesday, February 23, 2010
:
? Vote Record - Acceptance of Minutes for February 23, 2010 7:30 PM
Yes/Aye No/Nay Abstain Absent
? ? ? ?
William Ruland
????????
Vincent Orlando
?
Accepted
??
Accepted as Amended ????????
Christopher Talbot
??
Tabled
????????
Albert Krupski Jr.
????????
Louisa P. Evans
????????
Scott Russell
RESOLVEDaccepts the minutes
that the Town Board of the Town of Southold hereby
datedTuesday, March 09, 2010
:
? Vote Record - Acceptance of Minutes for March 9, 2010 4:30 PM
Yes/Aye No/Nay Abstain Absent
? ? ? ?
William Ruland
????????
Vincent Orlando
?
Accepted
??
Accepted as Amended ????????
Christopher Talbot
??
Tabled
????????
Albert Krupski Jr.
????????
Louisa P. Evans
????????
Scott Russell
V. RESOLUTIONS
2010-227
CATEGORY:
Audit
DEPARTMENT:
Town Clerk
Approve Audit
RESOLVED approves the audit
that the Town Board of the Town of Southold hereby
dated March 23, 2010.
? Vote Record - Resolution RES-2010-227
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
????????
Christopher Talbot
??
Supervisor's Appt
????????
Albert Krupski Jr.
??
Tax Receiver's Appt
????????
Louisa P. Evans
??
Rescinded
????????
Scott Russell
??
Town Clerk's Appt
??
Supt Hgwys Appt
2010-228
CATEGORY:
Set Meeting
DEPARTMENT:
Town Clerk
Set Next Meeting
RESOLVED
that the next Regular Town Board Meeting of the Southold Town Board be
held, Tuesday, April 6, 2010 at the Southold Town Hall, Southold, New York at 4:30 P.
M..
? Vote Record - Resolution RES-2010-228
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
????????
Christopher Talbot
??
Supervisor's Appt
????????
Albert Krupski Jr.
??
Tax Receiver's Appt
????????
Louisa P. Evans
??
Rescinded
????????
Scott Russell
??
Town Clerk's Appt
??
Supt Hgwys Appt
2010-229
Tabled 3/9/2010 4:30 PM
CATEGORY:
Strawberry Fields
DEPARTMENT:
Recreation
Strawberry Fields - East End GreenFest
Fiscal Impact:
Police Department fees: $380.50
RESOLVED
that the Town Board of the Town of Southold hereby grants permission to
Syd and Deborah Dufton to use Strawberry Fields in Mattituck for the East End
GreenFest on July 24 & 25, 2010 (Saturday and Sunday) from 8:00 AM to 8:00PM. Set-
up on July 23, 2010 and breakdown and field restoration on July 26, 2010, subject to the
payment by applicant of $2500.00 to the Southold Town Clerk and the approval of the
Town Attorney. Applicant must file with the Town Clerk a One Million Dollar
Certificate of Insurance naming the Town of Southold and the County of Suffolk as
additional insured’s.
? Vote Record - Resolution RES-2010-229
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
????????
Christopher Talbot
??
Supervisor's Appt
????????
Albert Krupski Jr.
??
Tax Receiver's Appt
????????
Louisa P. Evans
??
Rescinded
????????
Scott Russell
??
Town Clerk's Appt
??
Supt Hgwys Appt
2010-230
CATEGORY:
Budget Modification
DEPARTMENT:
Planning Board
Modify the 2009 Planning Department Part-Town Budget
Fiscal Impact:
To cover the cost of over-expenditure in three budget lines
RESOLVEDmodifies the
that the Town Board of the Town of Southold hereby
Planning Department’s 2009 budget in the General Fund Part-town
as follows:
From:
B.8020.4.600.200 Meetings and Seminars $655
Total $655
To:
B.8020.1.200.100 Part Time Employee, Regular Earnings $ 1
B.8020.4.600.300 Travel Reimbursement 640
B.8020.4.400.600 Equipment Maintenance 14
Total $655
? Vote Record - Resolution RES-2010-230
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
????????
Christopher Talbot
??
Supervisor's Appt
????????
Albert Krupski Jr.
??
Tax Receiver's Appt
????????
Louisa P. Evans
??
Rescinded
????????
Scott Russell
??
Town Clerk's Appt
??
Supt Hgwys Appt
2010-231
CATEGORY:
Budget Modification
DEPARTMENT:
Accounting
Budget Modification-Appropriate Park & Playground
Fiscal Impact:
Appropriate park & playground funds for Peconic Lane School as provided in the amended bond
resolution for same adopted March 9, 2010
WHEREAS
the Town Board of the Town of Southold amended the Bond Resolution for
the acquisition of and improvements to the Peconic School Property and Building,
increasing the total appropriation from $1,350,000 to $1,500,000, with funding provided
from serial bond proceeds of $1,350,000 and grant funds and other available funds of
$150,000, and
WHEREAS
the Town Board has appropriated Community Development Block Grant
funds in the amount of $133,500 for this project in the Special Grant Fund, and
WHEREAS
the Town Board has determined that $16,500 is available in Park &
Playground funds and is required to formally appropriate Park & Playground funds for
this project, now therefore be it,
modifies the General
RESOLVED that the Town Board of the Town of Southold hereby
Fund Whole Town 2010 budget
as follows:
To:
Revenues:
A.2025.00 Special Recreation Facilities
Park & Playground $16,500
Appropriations:
A.9901.9.000.100 Interfund Transfers
Transfer to Capital Fund $16,500
? Vote Record - Resolution RES-2010-231
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
????????
Christopher Talbot
??
Supervisor's Appt
????????
Albert Krupski Jr.
??
Tax Receiver's Appt
????????
Louisa P. Evans
??
Rescinded
????????
Scott Russell
??
Town Clerk's Appt
??
Supt Hgwys Appt
2010-232
CATEGORY:
Close/Use Town Roads
DEPARTMENT:
Town Clerk
Grant Permission to the Mattituck Chamber of Commerce to Hold Its Annual Mattituck Street
Fair and to Close Down Love Lane and Pike Street, East and West of Love Lane, Mattituck on
Saturday July 10, 2010 (R/D July 11) from 8:00 AM to 4:30 PM
Fiscal Impact:
Total Police Department Cost for the Event = $293.40
RESOLVEDgrants permission
that the Town Board of the Town of Southold hereby
to the Mattituck Chamber of Commerce to hold its Annual Mattituck Street Fair
and to close down Love Lane and Pike Street, east and west of Love Lane, Mattituck
on Saturday July 10, 2010 (r/d July 11) from 8:00 AM to 4:30 PM
provided they file
with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of
Southold as an additional insured and notify Capt. Flatley, upon notification of the
approval of this resolution, to coordinate traffic control. Support is for this year only, as
the Southold Town Board continues to evaluate the use of town roads.
? Vote Record - Resolution RES-2010-232
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
????????
Christopher Talbot
??
Supervisor's Appt
????????
Albert Krupski Jr.
??
Tax Receiver's Appt
????????
Louisa P. Evans
??
Rescinded
????????
Scott Russell
??
Town Clerk's Appt
??
Supt Hgwys Appt
2010-233
CATEGORY:
Employment - Town
DEPARTMENT:
Accounting
Appoint Thomas Smith
RESOLVEDappoints Thomas
that the Town Board of the Town of Southold hereby
Smith to the position of Highway Labor Crew Leader
for the Highway Department,
effective March 18, 2010, at a rate of $29.0596 per hour.
? Vote Record - Resolution RES-2010-233
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
????????
Christopher Talbot
??
Supervisor's Appt
????????
Albert Krupski Jr.
??
Tax Receiver's Appt
????????
Louisa P. Evans
??
Rescinded
????????
Scott Russell
??
Town Clerk's Appt
??
Supt Hgwys Appt
2010-234
CATEGORY:
Bond
DEPARTMENT:
Planning Board
Release Performance Bond - Forestbrook at Bayview
RESOLVEDreleases the
that the Town Board of the Town of Southold hereby
following Performance Bond for "Forestbrook at Bayview", No. 1510 issued by the
State Bank of Long Island
in the amount of $193,810.00, as recommended by the
Southold Town Planning Board after receipt has been made of $15,000.00 cash to the
Town Clerk’s office for completion of the fire well, subject to the approval of the Town
Attorney.
? Vote Record - Resolution RES-2010-234
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
????????
Christopher Talbot
??
Supervisor's Appt
????????
Albert Krupski Jr.
??
Tax Receiver's Appt
????????
Louisa P. Evans
??
Rescinded
????????
Scott Russell
??
Town Clerk's Appt
??
Supt Hgwys Appt
2010-235
CATEGORY:
Close/Use Town Roads
DEPARTMENT:
Town Clerk
Amend Resolution to Grant Permission to the North Fork Chamber of Commerce and Cutchogue
Fire Department to Use Certain Roads for Its Annual St. Patrick’s Day Parade in Cutchogue, on
Saturday, March 13, 2010
Fiscal Impact:
Total Police Department Cost for Event = $398.56
RESOLVED amends Resolution
that the Town Board of the Town of Southold hereby
2010-169, adopted at the February 23, 2010 regular meeting, to read as follows:
RESOLVED
that the Town Board of the Town of Southold hereby grants permission to
the North Fork Chamber of Commerce and Cutchogue Fire Department to use the
following route: beginning at Cox Lane and using Eugene’s Road as a staging area; west
on Main Road to Cases Lane; ending at Village Green, for its Annual St. Patrick’s Day
March 27, 2010
Parade in Cutchogue, on Saturday, March 13, 2010 beginning at 2:00
PM, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance
naming the Town of Southold as an additional insured and contact Capt. Flatley upon
receipt of the approval of this resolution to coordinate traffic control. Support is for this
year only, as the Southold Town Board continues to evaluate the use of town roads.
? Vote Record - Resolution RES-2010-235
?
Adopted Yes/Aye No/Nay Abstain Absent
??? ? ? ?
Adopted as Amended William Ruland
??
Defeated
????????
Vincent Orlando
??
Tabled
????????
Christopher Talbot
??
Withdrawn
????????
Albert Krupski Jr.
??
Supervisor's Appt
????????
Louisa P. Evans
??
Tax Receiver's Appt
????????
Scott Russell
??
Rescinded
??
Town Clerk's Appt
??
Supt Hgwys Appt
2010-236
CATEGORY:
Organizational
DEPARTMENT:
Town Clerk
Payment of 2010 Dues
RESOLVED amends resolution
that the Town Board of the Town of Southold hereby
2010-35, adopted at the January 5, 2010 Organizational Meeting, to read as follows:
RESOLVED that the Town Board of the Town of Southold hereby approves the payment
of 2010 Suffolk County, New York State and other related association dues for elected
and appoint officials, and expenses incurred by these Southold Town elected and
appointed officials with respect to said associations:
New York State Association of Towns
New York State Association of Large Towns
New York State Planning Federation
New York State Association of Conservation Commissions
East End Supervisor's & Mayor's Association
Suffolk County Supervisor's Association
New York State Supervisor's & County Legislator's Association
Nassau-Suffolk Town Clerk's Association
New York State Town Clerk's Association
New York State Association of Local Government Record Officers
International Institute Municipal Clerks
ARMA International, Association for Information Management
Professionals
New York State Town Attorneys Association
Suffolk County Town Attorney's Association
New York State Bar Association
Suffolk County Bar Association
New York State Assessor's Association
Suffolk County Assessor's Association
Suffolk County Tax Receiver's Association
Suffolk County Superintendent of Highways Association
New York State Magistrate's Association
Suffolk County Magistrates Association
Nassau-Suffolk Court Clerk’s Association
Long Island Association of Municipal Comptrollers
New York State Government Finance Officer's Association, Inc.
New York State Chiefs of Police Association
International Chiefs of Police Association
Suffolk County Chiefs of Police Association
Suffolk County Police Conference
? Vote Record - Resolution RES-2010-236
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
????????
Christopher Talbot
??
Supervisor's Appt
????????
Albert Krupski Jr.
??
Tax Receiver's Appt
????????
Louisa P. Evans
??
Rescinded
????????
Scott Russell
??
Town Clerk's Appt
??
Supt Hgwys Appt
2010-237
CATEGORY:
Budget Modification
DEPARTMENT:
Fishers Island Ferry District
FIFD Budget Mod 2009
Fiscal Impact:
to cover over expended budget lines
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009
Fishers Island Ferry District budget as follows:
TO:
EXPENDITURES:
SM 5710.4.000.200 Utilities, Fishers Island $1,500.00
Additional Water Co surcharge
Total $1,500.00
FROM:
EXPENDITURES:
SM.5710.4.000.300 Fuel Oil Vessels
$1,500.00
Total $1,500.00
? Vote Record - Resolution RES-2010-237
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
????????
Christopher Talbot
??
Supervisor's Appt
????????
Albert Krupski Jr.
??
Tax Receiver's Appt
????????
Louisa P. Evans
??
Rescinded
????????
Scott Russell
??
Town Clerk's Appt
??
Supt Hgwys Appt
2010-238
CATEGORY:
Budget Modification
DEPARTMENT:
Solid Waste Management District
Budget Mod - SWMD Payloader
Fiscal Impact:
Radiator repairs on Komatsu loader deemed feasible and necessary. Anticipated trailer repairs
can be postponed.
RESOLVEDmodifies the
that the Town Board of the Town of Southold hereby
2010 Solid Waste Management District budget as follows:
From:
SR 8160.4.400.680 (Trailer fleet repairs):
$4,000
To:
SR 8160.4.100.550 (Komatsu Payloader Maintenance): $4,000
? Vote Record - Resolution RES-2010-238
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
????????
Christopher Talbot
??
Supervisor's Appt
????????
Albert Krupski Jr.
??
Tax Receiver's Appt
????????
Louisa P. Evans
??
Rescinded
????????
Scott Russell
??
Town Clerk's Appt
??
Supt Hgwys Appt
2010-239
CATEGORY:
Fmla
DEPARTMENT:
Accounting
Grant FMLA Leave to a Town Employee
RESOLVED
that the Town Board of the Town of Southold hereby grants up to a 12
week leave of absence under the FMLA (the Family and Medical Leave Act) to
Administrative employee #5500 pending submission of properly completed FMLA
paperwork.
? Vote Record - Resolution RES-2010-239
?
Adopted
Yes/Aye No/Nay Abstain Absent
??
Adopted as Amended
? ? ? ?
William Ruland
??
Defeated
????????
Vincent Orlando
??
Tabled
??????????
Withdrawn Christopher Talbot
??
Supervisor's Appt
????????
Albert Krupski Jr.
??
Tax Receiver's Appt
????????
Louisa P. Evans
??
Rescinded
????????
Scott Russell
??
Town Clerk's Appt
??
Supt Hgwys Appt
THIS RESOLUTION TO BE TABLED
2010-240
CATEGORY:
L W R P
DEPARTMENT:
Town Attorney
LWRP/Amendment Accepting Policies for Submission to NYS Dept. of State
THIS RESOLUTION TO BE TABLED
WHEREAS
, the Town of Southold has amended the Town’s Local Waterfront
Revitalization Program by amending the Town’s Waterfront Consistency Review Law in
cooperation with the New York State Department of State in accordance with the
provisions of Executive Law, Article 42; and
WHEREAS
, the Town of Southold has amended the Town’s Local Waterfront
Revitalization Program to reflect changes made to the maps and narratives for the State’s
Significant Coastal Fish and Wildlife Habitats within the Town’s Local Waterfront
Revitalization Area; and
WHEREAS
, the Town Board hereby declares itself as lead agency for this unlisted
action and will conduct an uncoordinated review in accordance with the requirements of
the State Environmental Quality Review Act and 6 NYCRR 617.6(b)(4) of the
implementing regulations of Article 8 of the New York State Environmental
Conservation Law;
NOW, THEREFORE, BE IT RESOLVED
that the Local Waterfront Revitalization
Program Amendment for the Town of Southold is accepted by the Town Board as
complete and ready for public review and shall be submitted to the New York State
Department of State for its review by State, Federal and Regional agencies pursuant to
the provisions of Article 42 of the New York State Executive Law;
BE IT FURTHER RESOLVED
that the Town Board of the Town of Southold will hold
a public hearing on the aforesaid Amendment at the Southold Town Hall, 53095 Main
th
20 day of April, 2010 at 7:35 p.m.
Road, Southold, New York, on the at which time all
interested persons will be given an opportunity to be heard.
? Vote Record - Resolution RES-2010-240
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
????????
Christopher Talbot
??
Supervisor's Appt
????????
Albert Krupski Jr.
??
Tax Receiver's Appt
????????
Louisa P. Evans
??
Rescinded
????????
Scott Russell
??
Town Clerk's Appt
??
Supt Hgwys Appt
2010-241
CATEGORY:
Attend Seminar
DEPARTMENT:
Assessors
Attend Seminar - Assessors
RESOLVED that the Town Board of the Town of Southold hereby grants permission to
Robert I Scott, Jr. and Kevin W. Webster to attend a one day course on the Ethics for
Assessors at the Holiday Inn, Fishkill, NY on April 16, 2010, all expense to be a legal
charge to the 2010 Assessors budget.
? Vote Record - Resolution RES-2010-241
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
????????
Christopher Talbot
??
Supervisor's Appt
????????
Albert Krupski Jr.
??
Tax Receiver's Appt
????????
Louisa P. Evans
??
Rescinded
????????
Scott Russell
??
Town Clerk's Appt
??
Supt Hgwys Appt
2010-242
CATEGORY:
Contracts, Lease & Agreements
DEPARTMENT:
Town Attorney
Agreement W/Harold’s LLC - F.I. Sewer District
RESOLVEDauthorizes and
that the Town Board of the Town of Southold hereby
directs Supervisor Scott A. Russell to execute the Agreement between Harold’s LLC
(Harold Cook) and the Town of Southold for the operation and maintenance of the
Pump Station of the Fishers Island Sewer District
for a one year term commencing on
April 1, 2010 and ending on March 31, 2011, for the sum of $187.30 per month, subject
to the approval of the Town Attorney.
? Vote Record - Resolution RES-2010-242
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
????????
Christopher Talbot
??
Supervisor's Appt
????????
Albert Krupski Jr.
??
Tax Receiver's Appt
????????
Louisa P. Evans
??
Rescinded
????????
Scott Russell
??
Town Clerk's Appt
??
Supt Hgwys Appt
2010-243
CATEGORY:
Contracts, Lease & Agreements
DEPARTMENT:
Town Attorney
Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement Between the Town
of Southold and the Village of Greenport for the Use of the Village Marine Pump-Out Station
RESOLVED authorizes and
that the Town Board of the Town of Southold hereby
directs Supervisor Scott A. Russell to execute the Agreement between the Town of
Southold and the Village of Greenport for the use of the Village Marine Pump-Out
Station
in connection with the Trustees’ pump-out boat for the period May 21, 2010
through October 31, 2010, subject to the approval of the Town Attorney.
? Vote Record - Resolution RES-2010-243
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
????????
Christopher Talbot
??
Supervisor's Appt
????????
Albert Krupski Jr.
??
Tax Receiver's Appt
????????
Louisa P. Evans
??
Rescinded
????????
Scott Russell
??
Town Clerk's Appt
??
Supt Hgwys Appt
2010-244
CATEGORY:
Contracts, Lease & Agreements
DEPARTMENT:
Town Attorney
2010 Letter of Intent - Pump Out Boat
RESOLVEDauthorizes and
that the Town Board of the Town of Southold hereby
directs Supervisor Scott A. Russell to execute the Letter of Intent, Clean Vessel
Assistance Program Operation & Maintenance Annual Application, request for
reimbursement form, and any other accompanying documents between the Town of
Southold and the New York State Environmental Facilities Corporation in
connection with the filing of a Clean Vessel Assistance Program Operation &
Maintenance Grant Program Annual Application for 2010
for grant funds up to the
maximum amount of $5,000 per boat regarding the two pump-out boats owned and
operated by the Town of Southold, utilized for the Town and Fishers Island, subject to
the approval of the Town Attorney.
? Vote Record - Resolution RES-2010-244
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
????????
Christopher Talbot
??
Supervisor's Appt
????????
Albert Krupski Jr.
??
Tax Receiver's Appt
????????
Louisa P. Evans
??
Rescinded
????????
Scott Russell
??
Town Clerk's Appt
??
Supt Hgwys Appt
2010-245
CATEGORY:
Contracts, Lease & Agreements
DEPARTMENT:
Town Attorney
Authorizes and Directs Supervisor Scott A. Russell to Execute the Contract Between the Town of
Southold and the North Fork Audubon Society in Connection with the Beach-Dependent Species
Management
RESOLVEDauthorizes and
that the Town Board of the Town of Southold hereby
directs Supervisor Scott A. Russell to execute the contract between the Town of
Southold and the North Fork Audubon Societybeach-
in connection with the
dependent species management
in the total amount of $20,000.00 as follows:
Down Payment: $4,000.00 within 10 business days of contract signing
nd
2 Payment: $4,000.00 Upon receipt of mid-season report due 6/15/10
rd
3 Payment: $2,000.00 Upon receipt of end of season report due 9/15/10
th
4 Payment: $4,000.00 At start of Season 3/1/11
th
5 Payment: $4,000.00 Upon receipt of mid-season report due 6/15/11
th
6 & Final Payment: $2,000.00 Upon receipt of end of season report due 9/15/11
March 1, 2012
for the term through , all in accordance with the approval of the Town
Attorney.
? Vote Record - Resolution RES-2010-245
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
????????
Christopher Talbot
??
Supervisor's Appt
????????
Albert Krupski Jr.
??
Tax Receiver's Appt
????????
Louisa P. Evans
??
Rescinded
????????
Scott Russell
??
Town Clerk's Appt
??
Supt Hgwys Appt
2010-246
CATEGORY:
Seqra
DEPARTMENT:
Town Attorney
LL/Amendments to Chapter 275 SEQRA
RESOLVED
that the Town Board of the Town of Southold hereby finds that the
“A Local Law in relation to Amendments to Chapter 275, Wetland and
proposed
Shoreline”
is classified as an Unlisted Action pursuant to SEQRA Rules and
Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold
hereby establishes itself as lead agency for the uncoordinated review of this action and
issues a Negative Declaration for the action in accordance with the recommendation of
Mark Terry dated March 19, 2010, and authorizes Supervisor Scott A. Russell to sign the
short form EAF in accordance therewith, and is consistent with the LWRP pursuant to
Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency
Review.
? Vote Record - Resolution RES-2010-246
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
????????
Christopher Talbot
??
Supervisor's Appt
????????
Albert Krupski Jr.
??
Tax Receiver's Appt
????????
Louisa P. Evans
??
Rescinded
????????
Scott Russell
??
Town Clerk's Appt
??
Supt Hgwys Appt
2010-247
CATEGORY:
Contracts, Lease & Agreements
DEPARTMENT:
Public Works
Peconic Community Center Improvements
RESOLVEDauthorizes and
that the Town Board of the Town of Southold hereby
directs Supervisor Scott A. Russell to execute an Agreement with Vetter
Environmental Science
in connection with the improvements to the Peconic Community
Center, in the amount of $2,650, for an asbestos and lead paint survey, at the Community
Center, all in accordance with the approval of the Town Attorney.
? Vote Record - Resolution RES-2010-247
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
????????
Christopher Talbot
??
Supervisor's Appt
????????
Albert Krupski Jr.
??
Tax Receiver's Appt
????????
Louisa P. Evans
??
Rescinded
????????
Scott Russell
??
Town Clerk's Appt
??
Supt Hgwys Appt
2010-248
CATEGORY:
Contracts, Lease & Agreements
DEPARTMENT:
Public Works
Peconic Community Center Improvements
RESOLVEDauthorizes and
that the Town Board of the Town of Southold hereby
directs Supervisor Scott A. Russell to execute an Agreement with JBH
Environmental Restoration, 194 Atlantic Avenue, Garden City, NY, in
connection
with the Peconic Community Center Improvement Project, in the amount of
$21,225, all in accordance with the approval of the Town
Attorney.
? Vote Record - Resolution RES-2010-248
Yes/Aye No/Nay Abstain Absent
?
Adopted
? ? ? ?
??William Ruland
Adopted as Amended
??
Defeated ????????
Vincent Orlando
??
Tabled
????????
Christopher Talbot
??????????
Withdrawn Albert Krupski Jr.
??
Supervisor's Appt
????????
Louisa P. Evans
??
Tax Receiver's Appt
????????
Scott Russell
??
Rescinded
??
Town Clerk's Appt
??
Supt Hgwys Appt
2010-249
CATEGORY:
Employment - Town
DEPARTMENT:
Accounting
Permission to Advertise for PT Home Health Aide
RESOLVED that the Town Board of the Town of Southoldhereby authorizes and
directs the Town Clerk to advertise for the position of part-time Home Health Aide
for the senior nutrition program at the Human Resource Center at a rate of $13.04
per hour.
? Vote Record - Resolution RES-2010-249
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
????????
Christopher Talbot
??
Supervisor's Appt
????????
Albert Krupski Jr.
??
Tax Receiver's Appt
????????
Louisa P. Evans
??
Rescinded
????????
Scott Russell
??
Town Clerk's Appt
??
Supt Hgwys Appt
2010-250
CATEGORY:
Budget Modification
DEPARTMENT:
Public Works
Laurel Lake Preserve - NYS Parks Grant
Fiscal Impact:
Laurel Lake Preserve - NYS Parks Grant for Laurel Lake Trail & Site Improvements.
This Project is funded 100% by the NYS Parks grant
RESOLVEDmodifies the
that the Town Board of the Town of Southold hereby
2010 budget as follows:
To:
H3.3097.20
Capital Grant NYS Parks,
Laurel Lake Preservation and Trail Plan $49,897
To:
H3.8710.2.400.300
Capital Outlay, Contracted Services
Laurel Lake Preservation & Trail Plan $49,897
? Vote Record - Resolution RES-2010-250
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
????????
Christopher Talbot
??
Supervisor's Appt
????????
Albert Krupski Jr.
??
Tax Receiver's Appt
????????
Louisa P. Evans
??
Rescinded
????????
Scott Russell
??
Town Clerk's Appt
??
Supt Hgwys Appt
2010-251
CATEGORY:
Budget Modification
DEPARTMENT:
Public Works
Bittner Preserve NYSDOS, EPF Grant
Fiscal Impact:
The Bittner Preserve Project is funded $100% by a EPF grant from NYSDOS
RESOLVEDmodifies the
that the Town Board of the Town of Southold hereby
2010 budget as follows:
To:
H3.3097.30
Capital Grant, NYSDOS
Bittner Preserve Improvements $175,931
To:
H3.8710.2.400.400
Capital Outlay, Contracted Services
Bittner Preserve Improvements $175,931
? Vote Record - Resolution RES-2010-251
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
????????
Christopher Talbot
??
Supervisor's Appt
????????
Albert Krupski Jr.
??
Tax Receiver's Appt
????????
Louisa P. Evans
??
Rescinded
????????
Scott Russell
??
Town Clerk's Appt
??
Supt Hgwys Appt
2010-252
CATEGORY:
Employment - Town
DEPARTMENT:
Accounting
Appoint Diana Whitecavage to P/T Account Clerk
RESOLVEDappoints Diana
that the Town Board of the Town of Southold hereby
Whitecavage to the position of a Part-Time Account Clerk
for the Accounting and
Finance Department, effective March 29, 2010, at a rate of $13.80 per hour, not to exceed
17.5 hours per week.
? Vote Record - Resolution RES-2010-252
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
????????
Christopher Talbot
??
Supervisor's Appt
????????
Albert Krupski Jr.
??
Tax Receiver's Appt
????????
Louisa P. Evans
??
Rescinded
????????
Scott Russell
??
Town Clerk's Appt
??
Supt Hgwys Appt
2010-253
CATEGORY:
Home Rule Request
DEPARTMENT:
Town Clerk
Amend the Request to Enact Senate Bill S.6774 and Assembly Bill A.9861 Entitled “AN ACT
Authorizing an Advisory, Non-Binding Referendum in the Towns of East Hampton, Riverhead,
Shelter Island, Southampton and Southold in the County of Suffolk on the Creation of the Peconic
Bay Regional Transportation Authority to Replace the Metropolitan Transportation Authority”.
WHEREAS
, a bill has been introduced in the State Legislature as Senate Bill S.6774 and
Assembly Bill A.9861 and
WHEREAS
, the bill seeks to authorize an advisory, non-binding referendum in the
towns of East Hampton, Riverhead, Shelter Island, Southampton and Southold on the
creation of the Peconic Bay Regional Transportation Authority (RTA) to replace the
Metropolitan Transportation Authority (MTA); now, therefore be it
RESOLVED
that pursuant to Article IX of the Constitution, the Town Board of the
hereby requests the enactment of Senate Bill S.6774 and Assembly
Town of Southold
Bill A.9861“AN ACT authorizing an advisory, non-binding referendum in
entitled
the towns of East Hampton, Riverhead, Shelter Island, Southampton and Southold
in the county of Suffolk on the creation of the Peconic Bay Regional Transportation
Authority to replace the Metropolitan Transportation Authority”
.
? Vote Record - Resolution RES-2010-253
?
Adopted
Yes/Aye No/Nay Abstain Absent
??
Adopted as Amended
? ? ? ?
William Ruland
??
Defeated
????????
Vincent Orlando
??
Tabled
??????????
Withdrawn Christopher Talbot
??
Supervisor's Appt
????????
Albert Krupski Jr.
??
Tax Receiver's Appt
????????
Louisa P. Evans
??
Rescinded
????????
Scott Russell
??
Town Clerk's Appt
??
Supt Hgwys Appt
2010-254
CATEGORY:
Home Rule Request
DEPARTMENT:
Town Clerk
Request the Enactment of Senate Bill S.7036 and Assembly Bill A.4665A Entitled “AN ACT to
Amend the Public Authorities Law, in Relation to the Creation of the Peconic Bay Regional
Transportation Authority”
WHEREAS
, a bill has been introduced in the State Legislature as Senate Bill S.7036 and
Assembly Bill A.4665A and
WHEREAS
, the bill would create the Peconic Bay Regional Transportation authority;
this authority shall be a body corporate and politic constituting a public benefit
corporation; now, therefore, be it
RESOLVED
that pursuant to Article IX of the Constitution, the Town Board of the
hereby requests the enactment of Senate Bill S.7036 and Assembly
Town of Southold
Bill A.4665A“AN ACT to amend the public authorities law, in relation to
entitled
the creation of the Peconic Bay regional transportation authority”
.
? Vote Record - Resolution RES-2010-254
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
????????
Christopher Talbot
??
Supervisor's Appt
????????
Albert Krupski Jr.
??
Tax Receiver's Appt
????????
Louisa P. Evans
??
Rescinded
????????
Scott Russell
??
Town Clerk's Appt
??
Supt Hgwys Appt
2010-255
CATEGORY:
Organizational
DEPARTMENT:
Town Clerk
Temp Marriage Officer
RESOLVEDappoints Town
that the Town Board of the Town of Southold hereby
Clerk Robert I. Scott as a Temporary Marriage Officer
for the Town of Southold, on
September 25, 2010 only, to serve at no compensation.
? Vote Record - Resolution RES-2010-255
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
????????
Christopher Talbot
??
Supervisor's Appt
????????
Albert Krupski Jr.
??
Tax Receiver's Appt
????????
Louisa P. Evans
??
Rescinded
????????
Scott Russell
??
Town Clerk's Appt
??
Supt Hgwys Appt
2010-256
CATEGORY:
Advertise
DEPARTMENT:
Town Clerk
Advertise for Part-Time Secretary in the Police Department
RESOLVEDhereby authorizes and
that the Town Board of the Town of Southold
directs the Town Clerk to advertise for the position of part-time Secretary in the
Police Department,
not to exceed 17.5 hours per week.
? Vote Record - Resolution RES-2010-256
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
????????
Christopher Talbot
??
Supervisor's Appt
????????
Albert Krupski Jr.
??
Tax Receiver's Appt
????????
Louisa P. Evans
??
Rescinded
????????
Scott Russell
??
Town Clerk's Appt
??
Supt Hgwys Appt
2010-257
CATEGORY:
Budget Modification
DEPARTMENT:
Town Attorney
Budget Modification - Browns Hills SEQRA
Fiscal Impact:
for the purpose of covering expenses associated in connection with the SEQRA review being
performed by Nelson, Pope & Voorhis, LLC for the Water Map Amendment for the Browns Hills
Subdivision in Orient:
RESOLVEDmodifies the
that the Town Board of the Town of Southold hereby
General Fund Whole Town 2010 budget as follows
TO:
A.1010.4.500.300 Town Board, Environmental Consultant $500.00
FROM:
A.1990.4.100.100 Unallocated Contingencies $500.00
? Vote Record - Resolution RES-2010-257
?
Adopted
Yes/Aye No/Nay Abstain Absent
??
Adopted as Amended
? ? ? ?
William Ruland
??
Defeated
????????
Vincent Orlando
??
Tabled
????????
Christopher Talbot
??
Withdrawn
????????
Albert Krupski Jr.
??
Supervisor's Appt
????????
Louisa P. Evans
??
Tax Receiver's Appt
????????
Scott Russell
??
Rescinded
??
Town Clerk's Appt
??
Supt Hgwys Appt
2010-258
CATEGORY:
Advertise
DEPARTMENT:
Town Clerk
Advertise for Part-Time Seasonal Scale Operator at the Collection Center
RESOLVEDauthorizes and
that the Town Board of the Town of Southold hereby
directs the Town Clerk to advertise for the part-time position of Seasonal Scale
Operator at the Collection Center, not to exceed 20 hours per week.
? Vote Record - Resolution RES-2010-258
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
????????
Christopher Talbot
??
Supervisor's Appt
????????
Albert Krupski Jr.
??
Tax Receiver's Appt
????????
Louisa P. Evans
??
Rescinded
????????
Scott Russell
??
Town Clerk's Appt
??
Supt Hgwys Appt
2010-259
CATEGORY:
Seqra
DEPARTMENT:
Town Attorney
Authorizes Supervisor Scott A. Russell to Retain Nelson, Pope & Voorhis, LLC to Perform a
SEQRA Review for an Amendment to the Water Map Regarding the Browns Hills Subdivision in
Orient
RESOLVEDauthorizes
that the Town Board of the Town of Southold hereby
Supervisor Scott A. Russell to retain Nelson, Pope & Voorhis, LLC to perform a
SEQRA review for an Amendment to the Water Map regarding the Browns Hills
Subdivision in Orient,
in accordance with their Proposal dated March 8, 2010, at a cost
not to exceed $3,500.00 (Budget Line A.1010.4.500.300), subject to the approval of the
Town Attorney.
? Vote Record - Resolution RES-2010-259
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
????????
Christopher Talbot
??
Supervisor's Appt
????????
Albert Krupski Jr.
??
Tax Receiver's Appt
????????
Louisa P. Evans
??
Rescinded
????????
Scott Russell
??
Town Clerk's Appt
??
Supt Hgwys Appt
2010-260
CATEGORY:
Committee Appointment
DEPARTMENT:
Town Attorney
Orient-East Marion Park District Commissioner Appointment
WHEREAS
, the Town Board of the Town of Southold hereby accepts the resignation of
Stewart Horton from his position as Commissioner of the Orient-East Marion Park
District effective March 13, 2010;
WHEREAS
, Mr. Horton’s term expires on December 31, 2011.
NOW, THEREFORE, BE IT RESOLVED
that the Town Board of the Town of
hereby appoints
Southold, in accordance with the provisions of Town Law Article 13,
Linda Goldsmith to serve as an Orient-East Marion Park District Commissioner
effective immediately through December 31, 2010
; and be it further
RESOLVED
that the remainder of Mr. Horton’s term will be served by an individual
duly elected at the next election.
? Vote Record - Resolution RES-2010-260
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
????????
Christopher Talbot
??
Supervisor's Appt
????????
Albert Krupski Jr.
??
Tax Receiver's Appt
????????
Louisa P. Evans
??
Rescinded
????????
Scott Russell
??
Town Clerk's Appt
??
Supt Hgwys Appt
2010-261
CATEGORY:
Committee Appointment
DEPARTMENT:
Town Attorney
Orient-East Marion Park District Commissioner
WHEREAS
, the Town Board of the Town of Southold hereby accepts the resignation of
Mary Foster Morgan from her position as Commissioner of the Orient-East Marion Park
District effective March 13, 2010;
WHEREAS
, Ms. Morgan’s term expires on December 31, 2010.
NOW, THEREFORE, BE IT RESOLVED
that the Town Board of the Town of
hereby appoints
Southold, in accordance with the provisions of Town Law Article 13,
Linton Duell to serve as an Orient-East Marion Park District Commissioner
effective immediately through December 31, 2010.
? Vote Record - Resolution RES-2010-261
?
Adopted
??
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
??
Defeated
? ? ? ?
William Ruland
??
Tabled
????????
Vincent Orlando
??
Withdrawn
????????
Christopher Talbot
??
Supervisor's Appt
????????
Albert Krupski Jr.
??
Tax Receiver's Appt
????????
Louisa P. Evans
??
Rescinded
????????
Scott Russell
??
Town Clerk's Appt
??
Supt Hgwys Appt
2010-262
CATEGORY:
Enact Local Law
DEPARTMENT:
Town Clerk
LL/Amendments to Chapter 275
WHEREAS,
there has been presented to the Town Board of the Town of Southold,
“A
Suffolk County, New York, on the 2nd day of February, 2010, a Local Law entitled
Local Law in relation to Amendments to Chapter 275, Wetlands and Shoreline”
and
WHEREAS
that 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
“A Local Law in relation to Amendments to Chapter
proposed Local Law entitled,
275, Wetlands and Shoreline”
which reads as follows:
LOCAL LAW NO. 1 of 2010
“A Local Law in relation to Amendments to Chapter 275,
A Local Law entitled,
Wetlands and Shoreline”
.
BE IT ENACTED
by the Town Board of the Town of Southold as follows:
I. I.Purpose –
In order to provide for the health, safety and welfare
of the citizens of the Town of Southold, and to protect the natural protective areas
existing within the Town, it is necessary to make certain amendments to Chapter 275.
These amendments are intended to support the protection of environmental features
within the Trustees’ jurisdiction, simplify the permit process, codify and clarify policies
and strengthen enforcement.
II. II.
Chapter 275 of the Code of the Town of Southold is hereby
amended as follows:
ARTICLE 1
General Provisions
§ 275-4 Exceptions.
[§ 275-4 A(1) through (3) and (5) through (11) – text remains the same.]
A. The provisions of this chapter shall not require a permit for the following:
(4) The ordinary and usual operations relative to residential horticulture
within Trustees' jurisdiction provided they are limited to the use of
noninvasive native species of vegetation. This exception does not include
activity on a bluff. Re-grading and removal of trees are not considered
such ordinary and usual operations.
ARTICLE II
Permits
§ 275-5 Permit procedures.
[§ 275-5 B(1), B(2)(a) through (f) and (h) through (p) – text remains the same.]
B. Administrative permit.
(2) The following operations will be considered for administrative review, in
accordance with the standards set forth in § 275-11. The Board of
Trustees may consider operations for administrative review other than
those listed below if the operations fall within the definition as set forth in
§ 275-5 B(1) :
(g) (g)The demolition, removal, relocation, repair and/or upgrading of
existing fuel tanks of less than 550 gallon capacity, fuel lines, fuel
dispensers, cesspools, septic systems, or sanitary wastewater
activities, including necessary site work, and provided that such
activity will not have an undue adverse impact on the wetlands and
tidal waters of the Town.
(q) (q)An application for proposed aquaculture activity that
includes surface mounting gear in an area greater than five square
yards.
C. Emergency permits.
The Trustees may issue a temporary emergency permit where specific exigent
circumstances exist that may result in personal or property loss or damage. Upon
expiration of temporary permit or before the date of expiration, the applicant must
apply for a permit as set forth in §§ 275-5, 275-6 and 275-7.
§ 275-7 Fees.
[§ 275-7 A through D and F – text remains the same.]
E. Dock and float fee. Every application for a new dock or float shall include a fee
equal to $3 per square foot of linear length for residential and commercial docks.
Commercial docks are any structures that are rented, leased or otherwise used to
generate income, including, but not limited to, those structures located on
properties zoned M1 and M2.
§ 275-8 Processing of application.
[§ 275-8 A through G – text remains the same.]
H. Administrative permits. An administrative permit includes operations that are is
deemed to have no adverse environmental impact on the wetlands and tidal waters
of the Town, and a public hearing and notice are not required prior to issuance of
a permit. The final decision will be made upon resolution.
§ 275-10 Contents of permit.
[§275-10 A through J and L – text remains the same.]
K. A statement that "The permittee is required to provide evidence that a copy of this
Trustee permit has been recorded with the Suffolk County Department of Real
Properties Clerk’s Office as a notice covenant and deed restriction to the deed of
the subject parcel. Such evidence shall be provided within 90 calendar days of
issuance of this permit."
§ 275-11 Construction and operation standards.
[§ 275-11 A, B(1)(a) through (b) and (d) through (m) – text remains the same; §275-11
C(1), (2)(a)[1] through [8] and [10] through 13 – text remains the same.]
B. Shoreline structures.
(c) Bulkheads on the Sound must be armored with stone.
C. In water.
(2) Docks.
(a)[9] All applicants for docks, including catwalks and ramps, extending across
the foreshore shall be required to give and maintain a public passing way
on the landward end of the dock, on the upland, not less than five feet in
width, to enable persons to pass and repass around said dock or by steps or
a ramp allowing pedestrian passage.
§ 275-12.1. Stop-work orders.
A. The Bay Constable, Zoning Inspector, or Code Enforcement Officer is authorized
to issue stop-work orders pursuant to this section. The Bay Constable, Zoning
Inspector, or Code Enforcement Officer shall issue a stop-work order to halt:
(1) Any work that is determined by the Bay Constable, Zoning Inspector, or
Code Enforcement Officer to be contrary to any applicable provision of
this chapter, or:
(a) Any work that is being conducted in a dangerous or unsafe manner
in the opinion of the Bay Constable, Zoning Inspector or Code
Enforcement Officer, without regard to whether such work is or is
not work for which a Trustee permit is required, and without
regard to whether a Trustee permit has or has not been issued for
such work; or
[§275-12.1 A(1)(b) – text remains the same.]
B. Stop-work orders shall:
(1) Be in writing;
(2) Be dated and signed by the Bay Constable, Zoning Inspector, or Code
Enforcement Officer;
[§275-12.1 B(3) and (4) – text remains the same.]
C. The Bay Constable, Zoning Inspector, or Code Enforcement Officer shall cause
the stop-work order, or a copy thereof, to be served on the owner of the affected
property, and if the owner is not the permit holder, on the permit holder,
personally or by certified mail to the owner or permit holder and posting at the
work site. The Bay Constable, Zoning Inspector, or Code Enforcement Officer
shall be permitted, but not required, to cause the stop-work order, or a copy
thereof, to be served on any or all of the following: builder, architect, tenant,
contractor, subcontractor, construction superintendent, or their agents, or any
other person taking part or assisting in work affected by the stop-work order,
personally or by certified mail and posting; provided, however, that failure to
serve any person listed above shall not affect the efficacy of the stop-work order.
[§275-12.1 D and E – text remains the same.]
ARTICLE III
Administration and Enforcement
§ 275-15. Coordination and enforcement.
The Director of Code Enforcement, Zoning Inspector, and/or the Bay Constable are
responsible for coordination and enforcement of the provisions of this chapter. The
Director of Code Enforcement, Zoning Inspector, and Bay Constables have the authority
to issue violations of this chapter.
§ 275-16. Compliance requirements; penalties for offenses.
A. It shall be unlawful for any carter, owner, occupant, builder, architect, contractor
or their agents or any other person to fail to comply with any provisions of this
chapter or to fail in any manner to comply with a written notice, directive or order
of the Director of Code Enforcement, Zoning Inspector, or Bay Constable or to
conduct any operation in a manner not in compliance with a permit issued
pursuant to this chapter.
B. For each offense against any of the provisions of this chapter or any regulations
made pursuant thereto, or failure to comply with a written notice or order of any
Director of Code Enforcement, Zoning Inspector, or Bay Constable within the
time fixed for compliance therewith, the owner, occupant, builder, architect,
contractor or their agents or any other person who commits, takes part or assists in
the commission of any such offense or who shall fail to comply with a written
order or notice of the Director of Code Enforcement, Zoning Inspector, or Bay
Constable shall be subject to the following fine schedule. Each day on which such
violation occurs may constitute a separate, additional offense.
[§ 275-16 B (1) through (6) – text remains the same.]
(7) Other offenses. For an offense against any of the provisions of this
Chapter not specifically designated above, a violator shall be subject to a
fine of not more than $1,000.00.
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
? Vote Record - Resolution RES-2010-262
Yes/Aye No/Nay Abstain Absent
?
Adopted
? ? ? ?
William Ruland
??
Adopted as Amended
????????
??Vincent Orlando
Defeated
??
Tabled
????????
Christopher Talbot
??
Withdrawn
????????
Albert Krupski Jr.
??
Supervisor's Appt
????????
Louisa P. Evans
??????????
Tax Receiver's Appt Scott Russell
??
Rescinded
??
Town Clerk's Appt
??
Supt Hgwys Appt
Motion To:
Adjourn Town Board Meeting
COMMENTS - Current Meeting:
RESOLVED
that this meeting of the Southold Town Board be and hereby is declared adjourned
at __________ P.M.
* * * * *
Elizabeth A. Neville
Southold Town Clerk
VI. PUBLIC HEARINGS
Motion To:
Motion to recess to Public Hearing
COMMENTS - Current Meeting:
RESOLVEDbe and hereby is declared
that this meeting of the Southold Town Board
Recessed in order to hold a public hearing.
PH Chapter 275 3/23/2010 7:35 pm