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Home My WebLink AboutAG-06/29/2010 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER www.southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER FINAL AGENDA SOUTHOLD TOWN BOARD June 29, 2010 4:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. CALL TO ORDER 4:30 PM Meeting called to order on June 29, 2010 at Meeting Hall, 53095 Route 25, Southold, NY. I. REPORTS 1. Town Clerk May 2010 2. Budget Report Month ended May 31, 2010 3. Z B A May 2010 4. Dept. of Public Works May 2010 II. PUBLIC NOTICES 1. Suffolk County Planning Riverhead Town Amendment to Section 108-3 “Floor Area” 2. NYS Liquor License Renewals StepFal Restaurant Corp. d/b/a Village Pizza, 13500 Main Road, Store @1, #2, Mattituck III. COMMUNICATIONS IV. DISCUSSION Southold Town Meeting Agenda - June 29, 2010 Page 2 1. 9:00 Unsafe Building Hearing Burnstein 2. 9:30 AM - Phillip Beltz Personnel Committee 3. 9:45 AM - Heather Lanza Future Zoning on Plum Island 4. 10:00 AM - Southold Town Fire Chiefs’ Council High Band 5. 10:30 AM - New Suffolk Waterfront Maritime Heritage District 6. Helicopters Final Draft 7. “Parking by Permit Only” Signs 8. Ramone Appeal of Historic Preservation Commission Denial 9. Fireworks Permits 10. Weblink/Laserfiche Access 11. Street Lighting Councilman Krupski 12. Establish Fleet Management Task Force 13. To Code Committee: Night Fishing Permits, Building Permit fees, Deer Fencing, and Peddler Code Amendments/food services at wineries 14. 12:00 - Executive Session - Martin Sidor Matters involving employment of particular person/s 15. 12:30 PM - Executive Session - Melissa Spiro Proposed property acquisition including discussion of value 16. Executive Session - Litigation Ryall et al v. SCWA, TOS et al Southold Town Meeting Agenda - June 29, 2010 Page 3 TOS v. Cross Sound Ferry 17. Waive Parking Regs Southold Yacht Club at Goose Beach 18. 12:45 P.M. - Executive Session - Chief Cochran Matters involving employment of particular person(s) V. RESOLUTIONS 2010-454 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby June 29, 2010. ? Vote Record - Resolution RES-2010-454 ? 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 2010-455 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, July 13, 2010 at the Southold Town Hall, Southold, New York at 7:30 P. M.. Southold Town Meeting Agenda - June 29, 2010 Page 4 ? Vote Record - Resolution RES-2010-455 ? 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 2010-456 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire Summer Seasonal Staff RESOLVED amends resolution no. 2010- that the Town Board of the Town of Southold hereby 421 to read as follows: Resolved that the Town Board of the Town of Southold appoint the following 2010 seasonal summer staff for the period June 26 - September 6, 2010 as follows: STILLWATER LIFEGUARDS HOURLY SALARY Ivy Croteau (2nd year) ………………………… $12.17 Adam Doroski (2nd year)……………………….$12.17 Jordan Doroski (8th year)………………………$13.82 Ryan Farrell (2nd year)………………………….$12.17 Aidan Fogarty (2nd year)………………………..$12.17 Matthew Grzesik (2nd year)…………………… $12.17 Julianne Hall (4th year)………………………….$12.72 Matthew Hallock (1st year)……………………...$12.17 Brittany Knote (5th year)……………………… ..$12.99 Nicole Kozlowska (3rd year)…………………….$12.44 Michel Liegey (1st year)……………………….. $12.17 Christiana Marron (4th year)…………………… $12.72 th McElroy, Timothy (4 year)…………………… $12.72 Sean Norberg (1st year)……………………….. ..$12.17 Jessica Orlando (3rd year)……………………….$12.44 Kevin Parma (2nd year)………………………....$12.17 Megan Ross (2nd year)……………………….… $12.17 Katie Scott (2nd year)…………………………...$12.17 Thomas Smith (4th year)…………………………$12.72 Andreas Stavropolis (2nd year)………………… $12.17 Southold Town Meeting Agenda - June 29, 2010 Page 5 Winston Wilcenski (1st year)…………………….$12.17 Maeghan Wood (1st year)……………………….$12.17 Breton Worthington (1st year)……………………$12.17 th Sean Whyard (6 year) ………………………….$13.27 BEACH ATTENDANTS Rick Gramazio (2nd year)…………………………$9.42 Jacklyn Goy (1st year)…………………………….$9.42 Emily Metz (2nd year)……………………………$9.42 Kevin Metz (3rd year)……………………………$9.58 John O’Donnell (2nd year)………………………..$9.42 RECREATION SPECIALISTS (WATER SAFETY INSTRUCTORS) Emma Chylinski (1st year)……………………..…$16.57 Jessica McDonnell (1st year)…………………..…$16.57 BEACH MANAGER Arthur Quintana (22nd year)…………………..…$15.94 RECREATION AIDES (PLAYGROUND INSTRUCTORS) Jacklyn Goy (2nd year)………………………..…$11.34 Ashley Hruz (2nd year)…………………………..$11.34 LIFEGUARD TRAINERS Deborah Hennenlotter to volunteer her time as needed Meg Sautkulis (1st year)…………………………..$15.74 ? Vote Record - Resolution RES-2010-456 ? 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 2010-457 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification- Police Department Fiscal Impact: Using full-time regular earnings, already included in the budget, to cover vacation earnings paid out to a Public Safety Dispatcher who left the Town of Southolds employ. Southold Town Meeting Agenda - June 29, 2010 Page 6 RESOLVEDmodifies the 2010 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.3020.1.100.100 Public Safety Comm, P.S. Full Time, Regular Earnings $2604 To: A.3020.1.100.300 Public Safety Comm, P.S. Full Time, Vacation Earnings $2604 ? Vote Record - Resolution RES-2010-457 ? 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 2010-458 CATEGORY: Budget Modification DEPARTMENT: Human Resource Center Adult Day Care Donation Reallocation Fiscal Impact: To reallocate donation funds to Day Care Supplies. RESOLVEDmodifies the that the Town Board of the Town of Southold hereby 2010 General Fund Whole Town budget as follows: To: Revenues Programs for the Aging A.2705.50 Gifts and Donations Adult Day Care Donations $150.00 To: Appropriations Programs for the Aging A.6772.4.100.120 Contractual Expense/Supplies Adult Day Care Supplies $150.00 Southold Town Meeting Agenda - June 29, 2010 Page 7 ? Vote Record - Resolution RES-2010-458 ? 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 2010-459 CATEGORY: Budget Modification DEPARTMENT: Human Resource Center HRC Donation Reallocation Fiscal Impact: To reallocate donation funds to program supplies and materials for the Human Resource Center. RESOLVEDmodifies the that the Town Board of the Town of Southold hereby 2010 General Fund Whole Town budget as follows: To: RevenuesPrograms for the Aging A.2705.40 Gifts and Donations Other Donations $870.00 To: AppropriationsPrograms for the Aging A.6772.4.100.110 Contractual Expense/Supplies Program Supplies/Materials $870.00 ? Vote Record - Resolution RES-2010-459 ? 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 2010-460 CATEGORY: Employment - Town DEPARTMENT: Accounting Southold Town Meeting Agenda - June 29, 2010 Page 8 Appoint Thomas Smith to Highway Labor Crew Leader RESOLVEDamends resolution no. that the Town Board of the Town of Southold hereby 2010-233 to read as follows: RESOLVEDappoints Thomas Smith to that the Town Board of the Town of Southold hereby the position of Highway Labor Crew Leader for the Highway Department, effective March 18, 2010, at a rate of $30.6159 per hour. ? Vote Record - Resolution RES-2010-460 ? 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 2010-461 CATEGORY: Employment - Town DEPARTMENT: Recreation Hire Seasonal Staff Resolved that the Town Board of the Town of Southold appoint the following 2010 seasonal summer staff for the period June 26 - September 6, 2010 as follows: STILLWATER LIFEGUARDS HOURLY SALARY Emma Chylinski (1st year)…………..……………..$12.17 Jessica McDonnell (1st year)…………..…………...$12.17 ? Vote Record - Resolution RES-2010-461 ? 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 2010-462 CATEGORY: Authorize to Bid DEPARTMENT: Highway Department Southold Town Meeting Agenda - June 29, 2010 Page 9 Authorize and Directs the Town Clerk to Advertise for Various Road Treatment Bids for the Calendar Year 2010 RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for various road treatment bids for the calendar year 2010 . ? Vote Record - Resolution RES-2010-462 ? 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 2010-463 CATEGORY: Surplus Equipment DEPARTMENT: Police Dept Surplus Equipment- Police Department RESOLVEDdeclares the following that the Town Board of the Town of Southold hereby equipment to be surplus equipment: 1989 Boston Whaler- HIN# BWC8B640C989 which includes the following: 130HP Honda Outboard- Serial #BZBE1200569 130HP Honda Outboard- Serial #BZBE1200571 Simrad Radar- Serial #72301497 Tandum Axel EZ Load Trailer Contact person is SBC Donald Dzenkowski (631) 765-2600. All equipment is in “as is” condition and maybe viewed at Police Headquarters, Peconic, NY. RESOLVED Be it further that the Town Board authorizes and directs the Town Clerk to advertise for the sale of same. ? Vote Record - Resolution RES-2010-463 ? 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 Southold Town Meeting Agenda - June 29, 2010 Page 10 2010-464 CATEGORY: Grants DEPARTMENT: Community Development 2010 Youth Services Grant Fiscal Impact: 2010 Youth Services Grant from SC Youth Bureau in the amount of $10,585 RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and the County of Suffolk in connection the 2010 Youth Services Program in the amount of $10,585 for the term January 1, 2010 through December 31, 2010, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-464 ? 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 2010-465 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Accounting Authorize Island Group Administration, Inc. to Administer the US Dept of Health and Human Services Early Retiree Reinsurance Program for the Town of Southold Employee Health Benefit Plan RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an authorization letter in connection with the administration of the U.S. Department of Health and Human Services Early Retirement Reinsurance Program for the Town of Southold Employee Health Benefit Plan in accordance with the approval of the Town Attorney. Southold Town Meeting Agenda - June 29, 2010 Page 11 ? Vote Record - Resolution RES-2010-465 ? 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 2010-466 CATEGORY: Retirement/Resignation DEPARTMENT: Town Clerk Retirement Resolution for Elected Officials WHEREAS, Section 315.4 the State of New York has set additional reporting requirements in of the New York Codes, Rules and Regulations which requires all elected and appointed officials whose terms start on or after August 12, 2009, who are members of the New York State and Local Retirement System and who do not participate in their employer’s time keeping system to prepare a log of their work-related activities for three consecutive months and submit their logs to the clerk or secretary of the governing board within 150 days of the start of their term; Now Therefore, be it RESOLVED that the Town Board of the Town of Southold hereby establishes the following as standard workdays for elected and appointed officials and will report the following days worked to the New York State and the Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Title Name StandarTerm Participates in Days/Month (based on d Work Begins/ Employer's Time Record of Activities) Day Ends Keeping System (Hrs/day (Y/N) Elected Officials Town Clerk Elizabeth A. 7 1/1/2010 - N 28.96 Neville 12/31/13 Highway Supt Peter Harris 8 1/1/10 N 25.77 12/31/13 Town Justice William H. Price, 6 1/1/10- N 17.74 Jr. 12/31/13 Town Board Albert J. Krupski, 6 1/1/10 N 5.31 Jr. 12/31/13 Town Board Christopher 6 1/1/10 N 13.72 Talbot 12/31/13 Justice Louisa P. Evans 6 1/1/10 N 19.86 12/31/13 Southold Town Meeting Agenda - June 29, 2010 Page 12 Assessor Robert Scott, Jr. 7 1/1/2013 N 24.57 12/31/13 Assessor Kevin J. Webster 7 1/1/10 N 20.93 12/31/13 Town Trustee Jill Doherty 6 1/1/10 N 6.70 12/31/13 Town Trustee Dave Bergen 6 1/1/10 N 6.06 12/31/13 Town Trustee John M. 6 1/1/2010 N 4.13 Bredemeyer 12/31/13 BE IT FURTHER RESOLVED, that said standard is being established to meet the accounting requirements of the New York State Employees Retirement System for calculation of retirement benefits, and BE IT FURTHER RESOLVED, that the Town Clerk be and she hereby is authorized to send a certified copy of this resolution to the New York State Employees Retirement System. ? Vote Record - Resolution RES-2010-466 ? 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 2010-467 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to Peconic Bay Power Squadron to Park Overflow Vehicles Along Bailie Beach Road RESOLVEDgrants permission to that the Town Board of the Town of Southold hereby Peconic Bay Power Squadron to park overflow vehicles along Bailie Beach Road, in the vicinity of Bailie Beach Park on Saturday, July 20, 2010 from 10:00 am to 6:00 pm for its Annual Lobster Fest, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and provided the cars are displaying a Mattituck Park District stickers or a flyer from the Peconic Bay Power Squadron identifying them as members or guests and they contact Captain Martin Flatley of the Southold Police Department immediately for proper placement of the flyers. Support is for this year only as the Southold Town Board continues to evaluate town road usage. Southold Town Meeting Agenda - June 29, 2010 Page 13 ? Vote Record - Resolution RES-2010-467 ? 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 2010-468 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute Contract #C006975 Between the Town of Southold and the New York State Department of State in Connection with Developing Priority Impaired Waterbody and SGA Subwatershed Management Plans RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute Contract #C006975 between the Town of Southold and the New York State Department of State in connection with Developing Priority Impaired Waterbody and SGA Subwatershed Management Plans , subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-468 ? 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 2010-469 CATEGORY: Legal DEPARTMENT: Town Attorney Unsafe Building - Burstein SCTM 1000-38-7-7.1 WHEREAS , the Zoning Inspector of the Town of Southold inspected the property owned by Sally J. Burstein and located at 4100 Youngs Avenue, Southold, also known as SCTM #1000- 38-7-7.1 and prepared a written report of his findings in the form of a Notice dated May 18, 2010; and Southold Town Meeting Agenda - June 29, 2010 Page 14 WHEREAS , the Notice indicates that the structures on the property are unsafe, dangerous and constitute a hazard to safety; and WHEREAS , said Notice was sent certified mail to the property owner, and was signed for by the owner as received; and WHEREAS , the Notice advised the property owner that the property must be made safe, and if the owner failed to comply, that a hearing would be held before the Southold Town Board on June 29, 2010 at 9:00 a.m.; and WHEREAS , the owner failed to make the premises safe to the satisfaction of the Building Inspector prior to said date; and WHEREAS , the Southold Town Board held a hearing pursuant to Chapter 100 of the Southold Town Code on June 29, 2010 at 9:00 a.m. and the property owner did not appear. The Southold Town Board heard testimony from Damon Rallis, Zoning Inspector, and reviewed documentary evidence, including notices sent to the property owner and photographs of the premises; now, therefore, be it RESOLVED that, pursuant to the provisions of Chapter 100 of the Southold Town Code, the hereby determines that the premises located at 4100 Town Board of the Town of Southold Youngs Avenue, Southold, are unsafe and dangerous to the public ; and it is further RESOLVED that the structures are ordered to be made safe by securing the building and cleaning the premises of debris, garbage and overgrowth; and it is further RESOLVED that the Town will perform such work on the property to make the premises and structures safe, and assess all costs and expenses incurred by the Town in performing such work against the land on which said buildings are located. ? Vote Record - Resolution RES-2010-469 ? 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 2010-470 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney LL/Regulating Exterior Lighting Southold Town Meeting Agenda - June 29, 2010 Page 15 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in County, New York, on the 29 day of June, 2010, a Local Law entitled relation to Regulating Exterior Lighting” 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 27th day of July, 2010 at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Regulating Exterior Lighting” The proposed Local Law entitled, reads as follows: LOCAL LAW NO. 2010 “A Local Law in relation to Regulating Exterior Lighting”. A Local Law entitled, BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The provisions of this chapter are intended to control and regulate exterior lighting throughout the Town of Southold; eliminate unsafe glare that contributes to accidents by hindering visibility; promote more cost-effective lighting fixtures that are more energy efficient and conserves natural resources; protect landowners from the intrusive effects of glare and light trespass; preserve the rural character of the Town; protect the health and habitat of flora and fauna; and restore and maintain the natural beauty of the night sky. Excessive, unshielded and/or poorly directed exterior lighting causes light pollution and has many adverse effects. Light pollution detracts from the rural qualities of the Town and environs and results in an increasingly suburban and overdeveloped appearance at night. Glare associated with such lighting is hazardous for drivers and pedestrians on the Town’s roads, interferes with the privacy of residents, wastes energy and creates skyglow that reduces visibility of the stars in the night sky and diminishes appreciation for the natural nocturnal environment. This chapter takes proper account of the legitimate uses of lighting while providing guidance and direction for the citizens of the Town. II. A new Chapter 136 of the Code of the Town of Southold is hereby adopted as follows: §136- 1. Title. This chapter shall be known as the “Exterior Lighting Law.” §136-2. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a Southold Town Meeting Agenda - June 29, 2010 Page 16 meaning as defined in Webster’s Third International Dictionary of the English Language, unabridged (or latest editions): AREA LIGHT - A luminaire designed for illumination of a broad area. Area lights include, but are not limited to, streetlights, parking lot lights and yard lights over 1,800 lumens. ESSENTIAL LIGHTING – Light that is used for a specified period of time, which is necessary for location identification, safety, security or public circulation purposes. EXCESSIVE LIGHTING – Illuminance levels beyond that which is required for safety, as recommended in IESNA Recommended Practices, or higher than 5 footcandles on any lit surface unless a higher level is indicated on the Table of Limits of Illumination Levels. EXTERIOR LIGHTING – lighting that is mounted, located, lamped or used, whether inside or outside, to illuminate outdoor features. For the purposes of this chapter, lighting which is installed indoors but which is intended to illuminate an area outdoors shall be considered exterior lighting. FIXTURE – The complete lighting assembly (including but not limited to the lamp, housing, ballast, timers, photocells, reflectors, cover glass, lenses, louvers, and shields), including the support assembly (pole or mounting bracket). For purposes of determining total light output from a light fixture, lighting assemblies which may include multiple lamps shall be considered as a single fixture. Also referred to as a “luminaire.” FOOTCANDLE (“FC”) – The basic unit of illuminance (the amount of light falling on a surface). Footcandle measurement is taken with a light meter. One footcandle is approximately equal to the illuminance produced by a light source of one candela in intensity, measured on a surface at a one foot distance from the source. Horizontal footcandles measure the illumination striking a horizontal plane. Footcandle values can be measured directly with certain handheld incident light meters. FULL CUTOFF(“FCO”) – A classification for a luminaire designed and installed where no light is emitted at or above a horizontal plane running through the lowest point on the luminaire. In addition, the luminous intensity (as measured in candelas) emitted at any angle from 80º up to 90º cannot exceed a numerical value equal to 10% of the lumen rating of the lamp, as reported in a photometric report from the manufacturer. A cutoff, or semi-cutoff design, allows a restricted amount of light emitted above the horizontal and a non-cutoff provides no restriction against light emitted above the horizontal. FULLY SHIELDED – A luminaire constructed and installed in such a manner that all light emitted by it, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal. It is the same as a full cutoff luminaire but without any restrictions on light distribution below the horizontal plane, and it can be identified without a manufacturer's report. Southold Town Meeting Agenda - June 29, 2010 Page 17 GLARE – Unshielded light from a light source that may result in nuisance or annoyance, discomfort or visual disability. HOLIDAY LIGHTING – Temporary lights installed on a residential property which are installed in connection with holiday or religious observances between Thanksgiving and the following January 15. – ILLUMINANCEThe density of light falling on any point of a surface, usually measured in footcandles in the United States. See "footcandles." – IESNAIlluminating Engineering Society of North America (IES or IESNA), an organization that establishes updated standards and illumination guidelines for the lighting industry. – IESNA RECOMMENDED PRACTICESThe most current publications of the IESNA setting forth illuminance levels for different task areas, e.g., walkways, streets, sports lights, etc. LAMP – The source of artificial light as distinguished from the fixture. LANDSCAPE LIGHTING – Lighting which is positioned and aimed to illuminate foliage, driveways, walkways, patios, decks and other exterior pedestrian areas, whether or not mounted on a structure. LIGHTING – Light fixture or light source, or the effect of light, and all apparatus and wiring to power artificial light. LIGHT POLLUTION – Any and all nuisances caused by the adverse effect of man-made light, including but not limited to glare, light trespass, skyglow, visual clutter, and wasted energy due to excessive or unnecessary lighting; or artificial light that unnecessarily diminishes the ability to view the night sky or is disruptive to flora and fauna. LIGHT SOURCE – The light-emitting part or parts of a fixture, consisting of the lamp or lamps and any transparent or translucent covering over the lamp, as well as any refractors, reflectors, prismatic lenses, mirrors, or diffusers which emit or transmit light. LIGHT TRESPASS – Light projected across property lines or into the public right of way when it is not required or permitted to do so. LUMEN – A unit used to measure the amount of light that is produced by a light source. The lumen quantifies the amount of light energy produced by a lamp at the lamp, not by the energy input, which is indicated by the wattage. – LUMINAIREThe complete lighting assembly (including the lamp, housing, ballasts, photocells, reflectors, lenses and shields), less the support assembly (pole or mounting Southold Town Meeting Agenda - June 29, 2010 Page 18 bracket); a light fixture. For purposes of determining total light output from a luminaire or light fixture, lighting assemblies which include multiple unshielded or partially shielded lamps on a single pole or standard shall be considered as a single unit. MOUNTING HEIGHT – The vertical distance of the light source from natural grade. NONESSENTIAL EXTERIOR LIGHTING – Lighting which is unnecessary for pedestrian passage and not generally useful (e.g., decorative and landscape lighting). This includes lighting intended for a specific task or purpose when said task or purpose is not being actively performed (e.g., parking lot illumination and wall-mounted perimeter lights after business hours). PARTIALLY SHIELDED – A light fixture that is not fully shielded but incorporates a partial shield around the lamp by opaque barrier(s) such as louvers, shields, and other means in order to prevent the light source from being visible from across property lines, into waterways, or roadways. SKYGLOW – Glare or illumination of the night sky, whether direct or reflected. UNIFORMITY RATIO (“U RATIO”) – A ratio that describes uniformity of illuminance across an area. The uniformity ratio may be a ratio of the maximum-to-minimum illuminance or the average-to-minimum illuminance. For example, if the Illuminating Engineering Society recommends an average-to-minimum ratio of 4:1 for a parking lot, the minimum illuminance should be no less than 1/4 of the average illuminance across the parking lot. UNSHIELDED FIXTURE – A fixture which, as designed or installed, emits all or part of the light above the lowest part of the light source. §136 - 3. Conflicts with other laws. In a case where this chapter is found to be in conflict with a provision of any other local law, ordinance, code or regulation, the provision or requirement which is the more restrictive or which establishes the higher standard shall prevail. §136 -4. Applicability. A. All exterior luminaires, installed, replaced or repaired after the effective date of this Chapter shall conform to the standards established herein. B. All existing residential, private commercial, institutional, and utility owned or operated exterior lighting lawfully installed prior to the effective date of this Chapter are deemed nonconforming exterior lighting. Such nonconforming exterior lighting shall be brought into compliance with this chapter upon: (1) The replacement or relocation of such nonconforming exterior lighting fixture; or Southold Town Meeting Agenda - June 29, 2010 Page 19 (2) Any reconstruction, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. §136- 5. Standards for exterior lighting. A. General Requirements: (1) All exterior lighting shall be designed, located, and lamped to prevent excessive lighting, energy waste, glare, light trespass, and unnecessary skyglow. (2) All nonessential exterior lighting shall be turned off within ½ hour after the close of business and/or when not in use. Lights that are controlled by timers or are motion sensor-activated are encouraged to replace existing lighting necessary for safety purposes. (3) Canopy lights, such as service station lighting shall be fully recessed and full cutoff luminaires so as to ensure that no light source is visible from or causes glare on public rights-of-way or adjacent properties (4) All area lights shall be full cutoff luminaires. See Figures 1 and 2 below. B. Placement, height and number of fixtures: (1) No luminaires shall be taller than or mounted higher than 35 feet from the ground to their tallest point. (2) If illuminance grid lighting plans cannot be reviewed or if fixtures do not provide photometrics and bulbs are under 1800 lumens, the following requirements apply: (i) Pole height shall be no greater than four times the distance to the property line and maximum lumen levels permitted for different fixture heights are as follows: Mounting Height (feet) Lumen Maximums 6 500 – 1000 lumens 8 600-1600 lumens 10 1000 – 2000 lumens 12 1600 – 2400 lumens 16 2400 – 6000 lumens (3) All private commercial, institutional and utility existing and/or new exterior lighting shall not cause light trespass and shall protect adjacent properties from glare and excessive lighting. (4)All proposed exterior lighting should use the least number of poles/fixtures at the lowest height and at the lowest illuminance levels necessary to safely light the area for the proposed use. C. Illuminance and type of lamp: Southold Town Meeting Agenda - June 29, 2010 Page 20 (1) No luminaire shall be located or concentrated so as to produce glare or direct illumination across the boundary property line, nor shall any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property. The maximum illuminance at the property line of a parcel that adjoins a residential parcel or public right of way may not exceed 0.05 footcandle. The maximum illuminance at the property line between two nonresidential properties is 0.1 footcandle. (2) The average illuminance levels listed in the illumination levels for Various Common Tasks, as provided in the IESNA recommended Practices guidelines, shall not be exceeded for exterior lighting unless otherwise specified or approved by the Building Department or the Planning Board. The maximum number of lumens for commercial uses is 25,000 lumens per acre. For proposals in residential and limited business districts the maximum number of Lumens is 10,000 Lumens per acre. The Town recognizes that not every situation will require lighting, and excessive or unnecessary light shall be avoided. Appropriate lighting levels are dependent upon the general nature of the surroundings and the Building Department or Planning Boardmay require more or less than those listed in the IESNA Recommended Practices Guidelines. Illuminance level measurements for parking lots, sidewalks, and other walkways shall include any light from nearby side-mounted building lights, freestanding sidewalk lights affected by side-mounted building lights, and existing or proposed streetlights. In no instance may any lighted surface, as installed, exceed five footcandles, as measured horizontally or vertically by a light meter unless it can be demonstrated that a higher level is necessary for the proposed use (higher levels should be based on guidelines established either in the IESNA Handbook or similar professional or governmental guidelines or regulations (e.g., Federal standards establishing lighting levels around automated teller machines). (3) High-pressure sodium shall be used for all light sources rated over 1,800 lumens. (4) Streetlights shall be full cutoff high-pressure sodium, low-pressure sodium, or fluorescent, unless otherwise determined that another type is more efficient. Streetlights along residential streets shall not exceed 70-watt high-pressure sodium (hps) light with a lumen output of 6,400. streetlights along nonresidential streets or at intersections shall not exceed 150 watts hps each, with a lumen output of 1,600, except the lights at major intersections on state highways shall not exceed 250 watts hps. If a light type other than high-pressure sodium is permitted, then the equivalent output shall be the limit for that light type. Exception: replacements of “historic” lighting design where the replacement of the luminaire piecemeal with compliant luminaires would unacceptably degrade the aesthetic characteristics of the existing lighting design. §136-6. Exemptions. The following exterior lighting is exempt or is partially exempt from the provisions of this Chapter: Southold Town Meeting Agenda - June 29, 2010 Page 21 A. Vehicular lights, United States Coast Guard approved maritime navigational lighting, temporary lighting associated with nighttime roadwork and construction activities, and all temporary emergency lighting needed by fire, ambulance, and police departments or other emergency services are exempt. B. Lighting of radio, communication and navigation towers is allowed, provided the owner or occupant demonstrates that the Federal Aviation Administration (FAA) regulations can only be met through the use of lighting that does not comply with this section, and that the provisions of this section are otherwise met. Tower lighting shall not be permitted unless required by the FAA; in which case, required lighting shall be of the lowest allowed intensity and red, unless otherwise specifically forbidden under the FAA regulations. C. Holiday exterior lighting is exempt from provisions regarding shielding, location, mounting height and total wattage, but must be turned off by 12:59 a.m. D. Temporary lighting in association with an approved special event permit shall comply with all provisions exclusive of location, mounting height, and total wattage, and shall be extinguished no later than 12:59 a.m. on the date of the approved event. E. Upward lighting of the American (and/or other governmental) flag in the form of a single ground-mounted narrow cone spotlight located at the base of the pole which confines the illumination to the flag and limits lumen output to a total of 1,800 lumens (equivalent to 100 watt incandescent) is exempt. The Town encourages the tradition of raising and lowering flags to avoid lighting. F. Recreational lighting: (1) Public recreational lighting shall comply with all provisions of this chapter, exclusive of height and maximum footcandle limits set forth in §136-5(c)(2). No public recreational facility shall be illuminated after 11:00 p.m., except to conclude a recreational or sporting event or any other similar activity conducted at or in the facility which was in progress under such illumination prior to 11:00 p.m. (2) Private recreational lighting shall comply with all provisions of this chapter, exclusive of the maximum footcandle limits set forth in §136-5(c)(2). No private recreational lighting shall be illuminated after 11:00 p.m. §136-7. Prohibitions. The following are prohibited: A. Searchlights, other than those required by law. B. Strobe lights, laser lights, or revolving lighting. Southold Town Meeting Agenda - June 29, 2010 Page 22 C. Blinking, pulsating, tracing or flashing lights. D. Lighting which is used to outline or illuminate a building, structure or window. E. Floodlighting or “wall washing” lighting which is designed to illuminate the walls of a building or other structures. F. Any light fixture that may be construed as or confused with a traffic control device or maritime navigational marker. G. The following lamp and fixture types shall not be permitted: (1) High-intensity discharge, including metal halide, and high-pressure and low- pressure sodium. (2) Mercury vapor. (3) Neon. (4) Lamps rated higher than 3000 Kelvin in color. H. Unshielded light fixtures, except as permitted herein. §136-8. Review Procedures A. All applications for sign permits or building permits shall include lighting plans showing the following information to verify that proposed lighting conforms to the provisions of this chapter: (1) location of each existing and proposed outdoor light fixture; (2) luminaire distribution and type; (3) lamp source type; (4) wattage; (5) mounting height; (6) hours of operation; and (7) lumen output. B. All applications for site plan and subdivision approval shall include lighting plans certified by a licensed professional, luminaire and controls specifications and additional documentation, if any lighting is to be used, regardless of whether the lighting is preexisting or proposed, showing the following to verify that the lighting conforms to the provisions of this chapter: (1) Location of each current and proposed outdoor lighting fixture indicated on a site plan. (2) Type and number of fixtures, including cutoff characteristics, indicating manufacturer and model number(s). (3) Lamp source type, lumen output, and wattage. Southold Town Meeting Agenda - June 29, 2010 Page 23 (4) Mounting height indicated, with distance noted to nearest property line for each luminaire. (5) Types of timing devices used to control on/off and the hours set for illumination, as well as the proposed hours when each fixture will be operated. (6) Shielding and all mounting details, including pole foundation description. (7) Total Lumens for all fixtures, and total square footage of areas to be illuminated. (8) For plans that require three or more fixtures the submission of a calculations summary indicated all footcandle levels on the lighting plan, noting the maximum, average and minimum as well as the uniformity ratio of maximum to minimum, and average to minimum levels. (9) Lighting manufacturer specifications (“cut sheets”) with photographs of the fixtures, indicating the cutoff characteristics of the luminaire. (10) For plans that require three or more fixtures, the submission of an Isometric Footcandle Distribution Diagram indicating the light levels for the fixtures at the designating mounting heights. Maximum illuminance levels should be expressed in footcandle measurements on a grid of the site showing footcandle readings in every ten foot square. The grid shall include light contributions from all sources (i.e., pole-mounted lights, wall-mounted lights, and signs, including private streetlights. (11) If necessary, documentation by a lighting engineer showing that the provisions can only be met with a design that does not comply with this section. C. For all other exterior lighting which must conform to the requirements of this chapter, the Building Inspector shall issue a decision whether the exterior lighting complies with the standards set forth herein. All such decisions may be appealed to the Zoning Board of Appeals within 30 days of the decision. The Zoning Board of Appeals, after a public hearing, may grant variances from the requirements of this chapter. D. No exterior lighting shall be altered, enlarged moved or converted unless it conforms to a lighting plan approved by the Building Department, Planning Board or Zoning Board of . Appeals §136-9. Penalties for offenses. A. Any action by any person, organization, corporation, group or other entity which violates or does not comply with any provision of this chapter shall be punishable by a fine not to exceed two hundred fifty dollars ($250.00) for residential violations and a fine not to exceed seven hundred fifty dollars ($750.00) for non-residential violations. B. Each continuing day of violation of this chapter shall constitute a separate offense. Southold Town Meeting Agenda - June 29, 2010 Page 24 C. In addition to the above provided penalties, the Town may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of this chapter. § 280-117. Lighting restrictions. [Added 12-27-1994 by L.L. No. 30-1994] This section is adopted pursuant to the Town's police power. This section prohibits excessive light and glare by any use, restricts lighting in the middle of the night and sets a maximum height for lights to minimize the potential for glare. A. All outdoor lighting shall be shielded so that the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. B. It is a general principle of the Town that parking lot lights should be turned off or reduced in intensity between 11:30 p.m. and 4:00 a.m. C. All freestanding outdoor lighting fixtures shall be limited to a height of no more than 14 feet above ground level. The fixture shall focus and direct the light as specified in Subsection A above. D. Recreational lighting may exceed the above height limit but is subject to the following standards: (1) All intensive recreational lighting shall be so located on the property with reference to surrounding properties that it shall be reasonably screened from view and compatible with the existing or potential use of neighboring properties. (2) No outdoor recreational facility, public or private, shall be illuminated after 11:00 p.m. except to conclude a recreational or sporting event or any other similar activity conducted at or in the facility which was in progress under such illumination prior to 11:00 p.m. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV.EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2010-470 ? 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 Southold Town Meeting Agenda - June 29, 2010 Page 25 2010-471 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney LL/Amendments to Chapter 83, Animals WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in County, New York, on the 29 day of June, 2010, a Local Law entitled relation to Amendments to Chapter 83, Animals” 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 th 27 day of July, 2010 at 4:40 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Amendments to Chapter 83, The proposed Local Law entitled, Animals” reads as follows: LOCAL LAW NO. 2010 “A Local Law in relation to Amendments to Chapter 83, Animals” A Local Law entitled, . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town of Southold has designed and implemented a Stormwater Management Program (SWMP) to reduce the non-point source pollutants and sediments entering the Town’s valuable waterways, thus satisfying the mandates of the Clean Water Act. This Local Law is a component of the Town’s SWMP that will decrease bacteria levels in stormwater runoff entering the waters of the Town and will promote the health, safety and welfare of the residents of the Town. II. Chapter 83 of the Code of the Town of Southold is hereby amended as follows: ARTICLE II Dogs § 83-6. Prohibited activities. It shall be unlawful for any person owning, or harboring, in possession of or in control of any dog in the Town of Southold to permit or allow such dog to: Southold Town Meeting Agenda - June 29, 2010 Page 26 A. Run at large elsewhere than upon the premises of the owner or custodian unless said dog shall be on a leash or accompanied by a person at least 12 years of age, having adequate control of such dog, or unless it be upon the premises of another person with the knowledge and consent of such person. For the purpose of this article, a dog or dogs hunting in company with a hunter or hunters shall be considered as accompanied by their owners. B. Engage in habitual howling or barking or conduct itself in such a manner as to habitually annoy any person other than the owner or person harboring such dog. C. Cause damage or destruction to property other than the property of the owner or person harboring such dog. D. Chase or otherwise harass any person in such manner as reasonably to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury. E. To soil, defile or defecate on any common thoroughfare, sidewalk, passageway, roadway, highway, street, or any other public or Town owned property; or any place where people congregate or walk; or on any private property without the permission of the owner of said property. It shall be a violation of this Section unless all feces are immediately removed by said person in a sanitary manner and then sealed and deposited in a garbage container. Feces disposed of in street storm collection systems is prohibited. § 83-7. Enforcement. [Amended 9-21-1982 by L.L. No. 8-1982] The Any Dog Control Officer, Bay Constable, Code Enforcement Officer, or Police Officer shall enforce the provisions of this article. § 83-13. Penalties for offenses. Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. § 83-14. Severability. The invalidity of any section, provision or portion of this article shall not invalidate any other section, provision or remaining portion thereof. § 83-15. When effective. This article shall take effect 10 days after its adoption. 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 Southold Town Meeting Agenda - June 29, 2010 Page 27 This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2010-471 ? 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 2010-472 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Southold Yacht Club to Park Overflow Vehicles in the Town’s Parking Lot at Goose Creek Beach, on July 10 & 11, 2010; July 29 & 30, 2010 (R/D 7/31), and August 7, 2010 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Southold Yacht Club to park overflow vehicles in the town’s parking lot at Goose Creek Beachon July 10 & 11, 2010 , for the 2010 New York Downstate Regional Sunfish July 29 & 30, 2010 (r/d 7/31) Championship; for the Carol Smith & SGJSA Qualifier Regatta; th August 7, 2010 and for the 39 Annual Worlds Longest Sunfish Race Around Shelter Island and nd 22 Annual Catamaran Race Around Shelter Island, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and provided the cars are displaying a special Southold Yacht Club Parking Permit and the yacht club contact Captain Martin Flatley of the Southold Police Department immediately for proper placement of the permits. ? Vote Record - Resolution RES-2010-472 ? 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 Southold Town Meeting Agenda - June 29, 2010 Page 28 2010-473 CATEGORY: Policies DEPARTMENT: Town Attorney Special Procurement Policy for Preserves WHEREAS , on May 18, 2010, the Town Board adopted amendments to the Town of Southold Procurement Policy by Resolution No. 2010-391; and WHEREAS , on June 8, 2010, the Land Preservation Commission requested that an additional policy be adopted to address procurement of materials used on Preserves; NOW, THEREFORE, BE IT RESOLVEDadopts a Special that the Town Board of the Town of Southold hereby Procurement Policy for Preserves, in addition to the requirements set forth in the Town of Southold Procurement Policy , as follows: Special Policy for Preserves Specifications used for procurement of improvements on Preserves, including Request for Proposal documents, shall state the Special Policy Requirements for Preserves which are as follows: a. Materials: materials used shall be in agreement with the characteristics of the Preserved property – that is, materials used shall not conflict with the purpose of the preservation. Examples of inappropriate materials include glass filled recycled concrete, cyclone type fences, creosote treated lumber, bluegrass sod, invasive flora and material of a finish or color aesthetically mismatching with the natural materials found on the subject Preserve. b. Disturbance: work practices shall minimize disturbance of natural resources and restoration required at the work site. ? Vote Record - Resolution RES-2010-473 ? 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 2010-474 Southold Town Meeting Agenda - June 29, 2010 Page 29 CATEGORY: Policies DEPARTMENT: Town Attorney Amend Resolution No. 2008-536 RESOLVEDamends Resolution No. that the Town Board of the Town of Southold hereby 2008-536 dated May 20, 2008 to read as follows : RESOLVEDadopts the following that the Town Board of the Town of Southold hereby POLICY regarding the issuance of fireworks permits: 1. The Town may grant a permit for the public display of fireworks by municipalities, fair associations, amusement parks, persons or organizations of individuals. Penal Law Section 405.00(2). 2. An "organization of individuals" is a religious, civic, or comparable organization. Op. Atty. Gen No. 2007-3. 3. The fireworks display must be one intended for a public audience. The ability of the public to see an otherwise private display does not render it a "public display". Fireworks permits shall not issue for weddings or other private parties. See Op. Atty Gen. No. 2007- 4.3. Fireworks permits shall indicate that the display must be concluded by 10:00 p.m. if held Sunday-Thursday, 11:00 p.m. if held Friday or Saturday, and there shall be no time restriction if held on July 4. 4. No person shall engage in or allow the manufacture, assembly, storage or display of any fireworks or pyrotechnics display without first obtaining a permit issued pursuant to this chapter. A completed application for display of fireworks must be received by the Town Clerk a minimum of 30 days prior to the date of display. The permit application for any fireworks or pyrotechnics display shall be accompanied by the following: (a) a copy of a valid certificate of competency as a pyrotechnician for the individual supervising the firing of the display; (b) Certificate of Insurance naming the Town of Southold as additional insured with coverage limits of $2,000,000 for public liability and $2,000,000 for property damage; (c) Detailed diagram showing location of fireworks discharge and minimum separation distances in accordance with the applicable requirements of Penal Law Section 405(2); (d) A copy of the contract with fireworks display company; and Southold Town Meeting Agenda - June 29, 2010 Page 30 (e) All applications shall require the approval of the Fire Chief of the District in which the display will take place and the Fire Marshal before being presented for approval by the Town Board. 5. All applications for a fireworks permit shall be subject to an application fee in an amount of $100.00, together with a processing fee to be determined by the Town Board to cover the Town’s costs for monitoring and enforcing compliance with the Penal Law. ? Vote Record - Resolution RES-2010-474 ? 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 2010-475 CATEGORY: Property Usage DEPARTMENT: Town Attorney Adopt Stewardship Management Plans RESOLVED adopts the Stewardship that the Town Board of the Town of Southold hereby Management Plans for the following properties: Arshamomaque Pond Preserve Stewardship Management Plan for consisting of the following properties: Aurichio identified as SCTM #1000-56-4-16 and 63445 Route 25, Southold; Adams identified as SCTM #1000-56-1-10.1 and 2205 Mill Path, Southold; Fred identified as SCTM #1000-56-4-4 and 61725 Route 25, Southold; and Neuer/Sutermeister identified as SCTM #1000-56-1-6 and 2475 Mill Path, Southold. Pipes Cove Properties Stewardship Management Plan for consisting of the following properties: Reese identified as SCTM #1000-45-5-5 and 70380 Route 25, Greenport; Stackler identified as SCTM #1000-45-5-7.3 and 1650 Shore Road, Greenport; Carroll identified as SCTM #1000-53-3-2 and 1900 Pipes Neck Road, Greenport; Waldron identified as SCTM #1000-53-2-5 and 700 Pipes Neck Road, Greenport; and Posillico identified as SCTM #1000-53- 1-7 and 579 Pipes Neck Road, Greenport, and SCTM #1000-53-3-15.1 and 1945 Pipes Neck Road, Greenport. Hog’s Neck Properties Stewardship Management Plan for consisting of the following properties: Forestbrook identified as SCTM #1000-79-2-7.7 and 5250 N. Bayview Road, Southold; Zoumas identified as SCTM #1000-79-4-17.25 and 6165 N. Bayview Road, Southold; Hurtado identified as SCTM #1000-79-5-20.15 and No # N. Bayview Road, Southold; Tall Pines Southold Town Meeting Agenda - June 29, 2010 Page 31 identified as SCTM #1000-79-8-16.1 and 695 Paradise Point Road, Southold; Tax Deed identified as SCTM #1000-79-3-30 and 475 Ships Drive, Southold; and Zoumas identified as SCTM #1000-79-4-17.10 and No # Brigantine Drive, Southold. ? Vote Record - Resolution RES-2010-475 ? 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 2010-476 CATEGORY: Committee Appointment DEPARTMENT: Town Attorney Establish Fleet Management Task Force RESOLVEDestablishes the Fleet that the Town Board of the Town of Southold hereby Management Task Force to evaluate and monitor the acquisition, use and efficient operation of Town vehicles and make recommendations to the Town Board regarding same and appoints the following members to serve on the Task Force effective July 1, 2010 through December 31, 2010 : Town Councilman William Ruland Town Councilman Vincent Orlando John Cushman, Comptroller Peter Harris, Superintendent of Highways Karen McLaughlin, Director of Human Services James Bunchuck, Solid Waste Coordinator James McMahon, Public Works Department Head ? Vote Record - Resolution RES-2010-476 ? 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 2010-477 CATEGORY: Property Usage Southold Town Meeting Agenda - June 29, 2010 Page 32 DEPARTMENT: Town Attorney Approve Fireworks Permit/Fireworks by Grucci, Inc. RESOLVEDapproves the issuance of a that the Town Board of the Town of Southold hereby fireworks permit by the Town Clerk to Fireworks by Grucci, Inc, for a fireworks display on July 4, 2010, rain date July 5, 2010, at the property located at 9205 Skunk Lane, Cutchogue , subject to the applicant’s compliance with the requirements of the Town’s policy regarding the issuance of fireworks permits, as amended, and subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-477 ? 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 2010-478 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk Enact Local Law for Colony Pond WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law to County, New York, on the 20 day of April, 2010, a Local Law entitled Amend the Town of Southold Water Supply Plan Map to the Colony Pond Subdivision in Southold” 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 will be given an opportunity to be heard, now therefor be it RESOLVED CLOSES that the Town Board of the Town of Southold hereby the public hearing Local Law to Amend the Town of Southold Water Supply Plan Map to the Colony on the Pond Subdivision in Southold and be it further ENACTS RESOLVED that the Town Board of the Town of Southold hereby the proposed Local “A Local Law to Amend the Town of Southold Water Supply Plan Map to the Law entitled, Colony Pond Subdivision in Southold” reads as follows: LOCAL LAW NO. 3 of 2010 Southold Town Meeting Agenda - June 29, 2010 Page 33 “A Local Law to Amend the Town of Southold Water Supply Plan A Local Law entitled, Map to the Colony Pond Subdivision in Southold ” . BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1. Legislative Intent. This Local Law proposes to amend the Town of Southold Water Supply Plan Map to include the extension of a water transmission main to the Colony Pond Subdivision. Historically, the Water Supply Plan Map reflects the physical changes in the water supply network since 2000. Colony Pond Inc. and Suffolk County Department of Health Services have represented to the Town that the groundwater quality of the Colony Pond Subdivision is inadequate and poses a significant concern that requires the extension of public water to the area. The extension of the transmission main is intended to supply the development approved in the Colony Pond Subdivision and is not intended to result in additional development pressure in the area. Section 2. Enactment. Based on the goals of the Suffolk County Water Authority and Suffolk County Department of Health Services to provide safe drinking water to the Colony Pond Subdivision, and upon our consideration of the recommendations of the Suffolk County Department of Health Services, the Town Planning Department, and the public comments taken at the public hearing, we hereby amend the Town of Southold Water Supply Plan Map to include the extension of a water transmission main to the Colony Pond Subdivision. Section 3. The Southold Water Supply Plan Map as adopted by Resolution No. 31 on June 20, 2000 by the Town Board, and most recently amended by Resolution No. 2007-603, is hereby amended to reflect the extension of a water transmission main to the Colony Pond Subdivision. Section 4. 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. Section 5. Effective Date. Southold Town Meeting Agenda - June 29, 2010 Page 34 This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2010-478 ? 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 Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at __________ P.M. * * * * *