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Home My WebLink AboutTB-01/18/2011ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork.net MINUTES January 18, 2011 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, January 18, 2011 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 7:30 PM with the Pledge of Allegiance to the Flag. Call to Order 7:30 P~4 I~leeting called to order on January 18, 2011 at Meeting Hall, 53095 Route 25, $outhold, NY. I. Reports 1. Town Clerk 2. Justice Rudolph H. Bruer 3. Recreation Department Monthly Report 4. Board of Trustees 5. Program for the Disabled 6. Department of Public Works 7. Special Projects Coordinator 8. Building Department 9. Human Resource Center 10. Justice Louisa P. Evans 11. Justice William H. Price Jr. January 18, 2011 Page 2 Southold Town Board Meeting Minutes 12. Zoning Board of Appeals 13. Planning Board II. Public Notices 1. N Y S New Liquor License 2. NYS Liquor License Renewal 3. Request to U S Army Corps of Engineers III. Communications IV. Discussion 1. 9:00 a M - Public Hearing: CEM Appeal 2. 10:00 AM - Rich Hokinsen, Damon Rallis 3. 10:15 AM - Phillip Beltz, Lloyd Reisenberg 4. 10:30 AM - Patrice Keitt, Michael Manuelian, Gregory Welch 5. 11:00 AM - John Cushman 6. 11:30 AM - Bowne Management 7. 12:00 Noon - Dawn Bennett, North Fork School for Dogs 8. 12:20 PM - Heather Lanza 9. Heather Lanza - Sanitary Flow Credits 10. Heather Lanza - Comprehensive Plan Update 11. 12:50 Pm- Lunch 12. 1:30 PM - Melissa Spiro, LPC 13. Troop 39 BSA Request for Use of Laurel Lake Preserve 14. Draft Local Law Re: Carter Licensing Requirement 15. Storm Damage Update 16. Board of Ethics Vacancy January 18, 2011 Page 3 Southold Town Board Meeting Minutes 17. 18. 19. LL for ZBA Fees and Deer Fence Fees Executive Session - Labor Executive Session - Litigation Strategy Pledge to the Flag Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance to the Flag. Thank you. Would anybody here like to comment on any of the items as they appear on the agenda? (No response) V. Resolutions 2011-80 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Next Town Board Meeting of the Southold Town Board be Held at 4.'30 PM on Tuesday, February 1, 2011 RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held at 4:30 PM on Tuesda,y~ February. 1~ 2011 at the Southold Town Hall, Southold, New York Vote Record - Resolution RES-2011-80 [] Adopted [] Adopted as Amended [3 Defeated Yes/Aye No/NaT Abstain Absent I~ Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [3 [] [] Supervisor's Appt Christopher Talbot Seconder [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-81 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated January 18~ 2011. January 18, 2011 Page 4 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended [] Defeated ~s~AY~ N~fNay Ab~i~ [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] Supervisor's Appt Christopher Talbot Seconder [] [] [] [] Tax Receiver's Appt Albert K~pski Jr- V0$er [] [] [] [] [] Rescknded Louisa p Evans Initiator [] [] [] [] Town Clerk's Appt Scott Russell Initiator [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-54 Tabled 1/4/2011 4:30 PM CATEGORY: Bid Acceptance DEPARTMENT: Solid Waste Management District 2011TownGarbage BagBid RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Resourceful Bag & Tag~ Inc. to supply the town with Municioai Garbage Baes at the per-bag price of $ 0.118, $ 0.207, and $ 0.286 respectively for "Small", "Medium", and "Large" bags, all in accordance with the Town Attorney. [] Adopted [] Adopted as Amended [] Defeated yes/AYe ~9~Nay Ab~t~i9 A~t [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt [] [] [] [] Christopher Talbot Voter [] Tax Receiver's Appt ~lb~ ~p~k! J[: Voter ~ [2 [2 [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-82 CA TE GO R Y: DEPARTMENT: Budget Modification Planning Board Planning Dept 2010 Budget Mod Fiscal Impact: To cover the cost of two summer 2010 interns RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Part Town 2010 budget as follows: January 18, 2011 Southold Town Board Meeting Minutes Page 5 From: B.8020.1.100.100 To: B.8020.1.300.100 Planning, Full-time Regular Earnings $11,652 Planning, Seasonal Regular Earnings $11,652 [] Adopted [] Adopted as Amended [] Defeated Yes!Ay~ Ng~aY Abstain Abs~n~ [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christppher Ta!bot Voter [] [] [] [] [] Tax Receiver's Appt ~lbert Kmpsk! Jr: S~0nder ~ [] [] [] [] Rescinded Louisa P. Eyans Voter [] !~ [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-83 CATEGORY: DEPARTMENT: Budget Modification Data Processing Fishers Island Video Conf Budget Modification Fiscal Impact: The high speed internet connection for the Fishers Island Video Conferencing project is going to cost the Town $1OO/month. Without this the connection speed will be to slow to support the required connectivity for video conferencing. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund~ Whole Town budget as follows: From: A. 1990.4.100.100 Unallocated Contingencies $1200.00 To: A. 1680.4.200.300 Intemet Service $1200.00 Vote Record - Resolution RES-2011-83 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albe;t Krupski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evm~s Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action January 18, 2011 Page 6 Southold Town Board Meeting Minutes 2011-84 CATEGOR~ DEPARTMENT: Attend Seminar Town Attorney Grants Permission to Town Attorney, Martin D. Finnegan, to View the Seminar Entitled "Public Contracts and Procurement Regulations RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town Attorney~ Martin D. Finnegan~ to view the seminar entitled "Public Contracts and Procurement Regulations". All fees are to be a legal charge to the 2011 Town Attorney budget. ~] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nar Abstain Al>tent [] Tabled Willimn Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Superviso~'s Appt ~sto~her 'F~i~ ~0nd~ ~ ~ vi [] Tax Receiver's Appt Albert Krupski Jr. Voter [] : [] [] [] [] Rescinded Louisa P. Evans Initiator ~1 [] [] [] [] Town Clerk's Appt Scott Russell Voter ~ El FI El [] Supt Hgwys Appt [] No Action 2011-85 CA TEGOR Y: DEPARTMENT: Strawberry Fields Recreation Peconic Bay Automobile Club 2011 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Peconic Bay Region/Antique Automobile Club of America to hold a Benefit Car Show on Saturday~ May 28~ 2011 (Rain date Sunday, May 29) at Strawberry Fields in Mattituck from 7:00 a.m. - 7:00 p.m. provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold and Suffolk County as additional insured and contact Captain Flatley upon receipt of the approval of the resolution to coordinate traffic control. Any fees associated with this approval shall be waived. Applicant must file application and meet all other requirements. Support is for this year only, as the Town Board continues to evaluate the use of town properties. Please note: An application for a Special Events Permit shall be made to the Town Board of the Town of Southold at least 60 days prior to the proposed date of the event and filed with the Town Clerk, together with a fee of$100; a cleanup deposit fee of $250; deposit for remuneration January 18, 2011 Page 7 Southold Town Board Meeting Minutes of Police costs to be determined by the Police Department; and a certificate of insurance not less than $1,000,000 naming the Town of Southold as an additional insured during the time of the event. ~1 Adopted [] Adopted as Amended [] Defeated ~es/Ay~ N~NaY Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando VOter gl [] [] [] Supervisor's Appt ~;~pher T~iboi O 121 ra ~ [] Tax Receivers Appt 5!p~ Kmp~ki ~r. yoter ~ [] [] [] [] Rescinded Lou!sa P EYans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Comments COUNCILMAN RULAND: Can we open discussion? TOWN ATTORNEY FINNEGAN: A little discussion between the note and the resolution, you might want to, waiving fees or requiring fees. JUSTICE EVANS: Oh, yes. We say we are going to waive it. COUNCILMAN TALBOT: Inaudible. Were they all going to be waived on the Peconic Bay Region Automobile club? SUPERVISOR RUSSELL: Inaudible. I don't know if this is the club that holds the annual benefit show for the Boy Scouts or not. COUNCILMAN ORLANDO: I know what this is about. I am part of the PBA car club. It is for Wounded Warriors. Last year they had it at Martha Clara and this year they are going to have it at Strawberry Fields. I don't know why they changed areas but that is what it is for. Wounded Warriors. COUNCILMAN RULAND: So this is the first time they are using it? I would like to add that at the end support is for this year only. JUSTICE EVANS: But take out the fees. COUNCILMAN RULAND: Evaluate because COUNCILMAN KRUPSKI: Well, how does that work? What do you mean it is for wounded warriors? COUNCILMAN ORLANDO: They raise funds, money for wounded warriors. There is a fee for the cars, to come in and show the cars. January 18,2011 Page 8 Southold Town Board Meeting Minutes COUNCILMAN KRUPSKI: Oh, okay. COUNCILMAN ORLANDO: So they charge $10, $20 for the car to come in... JUSTICE EVANS: So we are waiving fees, they still have to do the special events permit but waiving the fees and for this event for this year only. COUNCILMAN RULAND: Well, I think it should be in keeping with the other things that we do. I am not against the event at all. I am merely saying if it tums into a boondoggle, I wouldn't want someone to say, well, you let us do it last year. COUNCILMAN KRUPSKI: Tree. COUNCILMAN RULAND: That is all. COUNCILMAN ORLANDO: Fair enough. COUNCILMAN RULAND: I don't think it will. SUPERVISOR RUSSELL: We have got a motion waiving the fees and for this year only. 2011-86 CATEGORY: DEPARTMENT: Budget Modification Planning Board 2010 Budget Modification - Planning Fiscal Impact: The cost to travel back and forth to Fishers Island has increased. RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Part Town 2010 budget as follows: From: B.8020.1.100.100 To: . B.8020.4.600.300 B.8020.1.200.100 Planning, Full Time Regular Earnings Total Planning, Travel & Reimbursement Planning, Part Time Regular Earnings Total $244 $244 $243 1 $244 January 18,2011 Page 9 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended [] Defeated ~s/~ N?~y Abstain Ab~e~t [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando ~(ier ~ ~ ~ r3 [] Supervisors Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt A!betl ~psk! Jr~ Vo~er ~ [] [2] El [] Rescinded Louisa P. Evans Voter [] [] 13 [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-87 CA TEGOR Y: DEPARTMENT: Strawberry Fields Recreation Strawberry Festival 2011 RESOLVED that the Town Board of the Town of Southold does hereby grant permission to the Mattituck Lions Club to use Strawberry Fields in Mattituck from June 14 - 21, 2011 for the annual Strawberry Festival. 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. Support is for this year only, as the Town Board continues to evaluate the use of town properties. Please note: An application for a special events permit shall be made to the Town Board of the Town of Southold at least 60 days prior to the proposed date of the event and filed with the Town Clerk, together with a fee of $100; a cleanup deposit fee of $250; and a certificate of insurance not less than $1,000,000 naming the Town of Southold as an additional insured during the time of the event. ~' V0te Re.rd ~ Res0!uti0n RESt2011-87 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter ~ [] [] F1 [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receivegs Appt Albert Krupski Jr, Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-88 CA TE G 0 R Y: DEPARTMENT: Strawberry Fields Recreation East End Green Fest 2011 January 18, 2011 Page 10 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby grants permission to Syd and Deborah Dufion to use Strawberry. Fields in Mattituek for the East End GreenFest on October 1 & 2~ 2011 (Saturday and Sunday) from 8:00 AM to 8:00 PM. Set-up on September 30 and breakdown and field restoration on October 2, subject to the payment by applicant of $250.00 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. Support is for this year only, as the Town Board continues to evaluate the use of town properties Please note: An application for a special event permit shall be made to the Town Board of the Town of Southold at least 60 days prior to the proposed date of the event and filed with the Town Clerk, together with a fee of $100; a cleanup deposit fee of $250; a deposit for remuneration for police coverage to be determined by the Police Department; and a certificate of insurance not less than $1,000,000 naming the Town of Southold as an additional insured during the time of the event. [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Absta n Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn ~in~ent ~iand~ S~der ~ F1 rn [3 [] Supervisor's Appt Christopher Tall~t Voter [] [] [] [] [] Tax Receiver's Appt Albe~t Ktupski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voie* [] ' [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-89 CATEGORY: DEPARTMENT: Budget Modification Public Works DPW Budget Modification 2010 Fiscal Impact: End of the year budget modifications RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2010 budget as follows: From: A. 1620.4.200.300 A.5182.4.200.250 A.8660.1.100.400 Building & Grounds, Utilities (Gas) $17,042 Street Lighting, Street Light Power 18,000 Comm. Development, Full-Time Sick Earnings 5,400 Total $40,442 January 18,2011 Page 11 Southold Town Board Meeting Minutes To~ A.1490.1.100.300 A.1490.1.100.400 A.1620.1.100.100 A. 1620.1.100.200 A. 1620.1.100.300 A.1620.1.100.400 A. 1620.4.600.700 A.8660.1.100.300 Public Works Admin, Full-time Vacation Earnings $1,729 Public Works Admin, Full-time Sick Earnings 791 Building & Grounds, Full-time Regular 11,900 Building & Grounds, Full-time Over-time 11,400 Building & Grounds, Full-time Vacation Earnings 5,869 Building & Grounds, Full-time Sick Earnings 3,052 Building & Grounds, License & Permits 301 Comm. Development, Full-Time Vacation Earnings 5,400 Total $40,442 [] Adopted [] Adopted as Amended [] Defeated [] Tabl~ William Ruled Vot~ ~ Wi~dm~ Vincmt ~l~do Vot~ ~ Sup~isor's Appt Chfistoph~ Taint S~ond~ ~ Tax R~eiv~s Appt ~ Re~ded ~uisa P. Evans Initiator ~ Tom Cl~k's Appt ScoR Russell Vot~ ~ Supt Hgwys Appt ~ No Action 2011-90 CATEGOR~ DEPARTMENT: Budget Modification Police Dept Budget Modification- Police Department Fiscal Impact: To fix overexpended budget lines for 2010for the following reasons. Public Safety Communications overtime, holiday and part-time employee earnings were more than anticipated due to personnel shortage throughout the year. Police overtime was more than anticipated due to special tours for Sergeant shortage throughout the year. More Gasoline & Oil was used than anticipated due to the overtime. Bay Constable overtime and Gasoline & Oil was more than anticipated due to more call outs than budgeted for. RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2010 budget as follows: From: A.3020.1.100.100 Public Safety Communications, FT Regular Earnings $10,173 A.3120.1.100.100 Police, FT Regular Earnings 57,006 A.3120.2.500.775 Police, In Car Video Equipment 2,769 A.3120.2.500.800 Police, Light Bars 3,760 A.3130.1.100.500 Bay Constable, FT Holiday Earnings 2,127 January 18, 2011 Page 12 Southold Town Board Meeting Minutes A.3130.4.100.600 To'- A.3020.1.100.200 A.3020.1.100.500 A.3020.1.200.100 A.3120.1.100.200 A.3120.1.100.400 A.3120.1.300.100 A.3120.4.100.125 A.3120.4.100.200 A.3130.1.100.200 A.3130.4.100.200 Bay Constable, Uniforms & Accessories. Total 389 $76,224 Public Safety Communications, FT Overtime Earnings $5,596 Public Safety Communications, FT Holiday Earnings 3,685 Public Safety Communications, PT Regular Earnings 892 Police, Full Time Overtime Earnings 43,622 Police, Full Time Sick Earnings 6,860 Police, Seasonal Regular Earnings 6,524 Police, Law Book Service 115 Police, Gasoline & Oil 6,414 Bay Constable, FT Overtime Earnings 2,127 Bay Constable, Gasoline & Oil 389 $76,224 Total [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Initiator [] [] [] [] [] Tax Receiver's Appt A!b [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-91 CATEGORY: DEPARTMENT: Budget Modification Accounting Create Capital Budget for EPayroll Fiscal Impact: Formally create an appropriation in the 2011 Capital Fund for ePayroll implemenation. Monthly maintenance fees ($250) and annual secure SSL License Fee ($175) to be charged to the Operating Budget. WHEREAS the Town Board of the Town of Southold adopted a 2011 Capital Budget which includes a $3,000 appropriation for the implementation fee for ePayroll, and WHEREAS the Town's Capital Budgeting process requires a resolution to formally establish a Capital Budget item in the Capital Fund, and WHEREAS the implementation fee quoted is $2,500, now therefore be it January 18, 2011 Page 13 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Proiect in the 2011 Capital Fund: Capital Proiect Name: ePayroll Financing Method: Transfer from General Fund Whole Town Budget: Revenues: H.5031.10 Interfund Transfers $2,500 Appropriations: H.1680.2.500.500 Central Data Processing Capital Outlay ePayroll $2,500 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincem Orlando Seconder [] ~ [] ) [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] } [] [] [] Tax Receiver's Appt A!b~rt ~psk! ~r~ x/pier ~ [3 [] D [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-92 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Accounting Execute Agreement for EPayroll RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Web Services Agreement with D&T Ventures in connection with the ePayroll application in the amount of $2,500 for implementation, $175 annually for the Secure SSL Certificate Fee, and $250 per month for maintenance and hosting subject to a maximum increase of 5% per year, for a term of 3 years starting on the date of execution of said agreement, implementation shall be a legal charge to the 2011 Capital Budget, H.1680.2.500.500 (ePayroll) and annual and monthly fees shall be a legal charge to the Central Data Processing budget, A. 1680.4.400.563 (ePayroll Maintenance) all in accordance with the approval of the Town Attorney. January 18, 2011 Page 14 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [3 [] [] [] Withdrawn Vincent Orland~ Initiator I~ [] [3 [] Christopher Talbot V0Wr [] Supervisor's Appt ' [] [] [3 [] [] Tax Receiver's Appt ~!b~ ~p~k! J[~ Seconder ~ [] [3 [] [] Rescinded Louisa P. Evans Voter [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-93 CATEGORY: DEPARTMENT: Budget Modification Accounting Budget Modification for EPayroll Maintenance Fiscal Impact: Provide appropriation for annual fee and monthly hosting for ePayroll not included in 2011 budget (implemenation was' included in the Capital Budge0 RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2011 budget as follows: From: A.1680.4.400.558 PC Software Maintenance $2,700 A.9901.9.000.100 Transfer to Capital Fund 500 To: A.1680.4.400.563 ePayroll Maintenance $3,200 Z vote Rec0rd -Resolution RES;2011;93 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled Willimn Rulmld Voter [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] [] i [] [] [] Supervisor's Appt Cluistopher Talbot Voter [] Tax Receiver's Appt Albert Kmpski Jr. Initiator [] [] E1 [] [] Rescinded Louisa P. Evans Voter [] [] Fl [] [] Town Clerk's Appt Scott Russell Voter [] [] [] D [] Supt Hgwys Appt [] No Action 2011-94 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Land Preservation Engage the Professional Services of the Peconic Land Trust, Incorporated to Perform Conservation January 18, 2011 Page 15 Southold Town Board Meeting Minutes Planning, Acquisition, and Professional Services Related to the Town's Land Preservation Efforts RESOLVED that the Town Board of the Town of Southold hereby engages the professional services of the Peeonic Land Trust, Incorporated to perform Conservation Planningt Acquisitiont and Professional Serviees related to the Town's land preservation efforts, and authorizes the Supervisor to sign the agreement between the Peconic Land Trust, Incorporated and the Town of Southold, subject to review of the contract language by the Town Attorney. Compensation shall not exceed fif~-five thousand ($55~000.00) dollars. The contract term shall be from JanuaD', It 2011 to December 31, 2011. Invoices submitted under this contract shrill be a legal charge to the 2011 Community Preservation Fund budget H3.8710.2.400.100 (Land Use Consultants). [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt C~toph~ ~!'a!l?pt ; SecPnder [] [] [] [] [] Tax Receiver's Appt ~be~ ~pski Jr. Voter [] ~ ~ ~ [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [~ [] [] [] [] Supt Hgwys Appt [] No Action 2011-95 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Land Preservation Engage the Professional Services of the Nature Conservancy to Perform Conservation Planning, Acquisition, and Professional Services Related to the Town's Land Preservation Efforts RESOLVED that the Town Board of the Town of Southold hereby engages the orofessional services of The Nature Conservancy to perform Conservation Planning~ Acquisitiont and Professional Services related to the Town's land preservation efforts, and authorizes thc Supervisor to sign thc agreement between The Nature Conservancy and thc Town of Southold, subject to review of the contract language by thc Town Attorney. Compensation shah not exceed fifteen thousand ($15t000.00) dollars. The contract term shall bc from January, It 2011 to December 31~ 2011. Invoices submitted under the terms of this contract shall be a legal charge to thc 2011 Community Preservation Fund budget H3.8710.2.400.100 (Land Use Consultants). January 18, 2011 Page 16 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended [] Defeated Yes/Aye N0/N~y Abstain ~ Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt ~phe~ ~aib~t lnitiaior [] [] F1 [2 [] Tax Receiver's Appt A!b~ ~PS~! ~r, Voter ~ ~ [] ~ [] Rescinded Louisa P. Evans Seconder I~ [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-96 CATEGOR~ DEPARTMENT: Budget Modification Accounting Budget Modification Goldsmiths Dredging Review Fiscal Impact: Fund the Goldsmiths Inslet Dredge Review engagement of EDesign Dynamics ($ 7, 025 engagement, only $1,595 in appropriation line). RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund 2010 budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $5,500 To: A.1620.4.400.300 Dredging Goldsmiths Inlet $5,500 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William R~iand initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christ0pher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Aib~rt ~i Jr. voter [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-97 CA TEGOR Y: DEPARTMENT: Budget Modification Land Preservation Budget Mod 2010 Land Preservation January 18, 2011 Southold Town Board Meeting Minutes Page 17 Fiscal Impact: Anticipated 2010 legal counsel fees were underbudgeted. 2010 land acquistions and closing expenses were greater than yearly anticipation. Accumulated overtime hours for Land Preservation Coordinator totaled more than anticipated for 2010 resulting in additional expenditures for earnings, payroll taxes, and social security. RESOLVED that the Town Board of the Town of Southold hereby modifies the Community Preservation Fund 2010 budget as follows: From: H3.8660.2.500.200 H3.9730.6.100.100 To.' H3.8660.2.500.100 H3.8660.2.600.100 H3.1980.4.000.000 H3.8710.1.I00.100 H3.8710.1.100.200 H3.9030.8.000.000 Appraisals $ 2,578 BAN Principal 454,551 Total $457,129 Legal Counsel $ 2,578 Land Acquisitions 450,000 MTA Payroll Tax 50 F/T Employee Regular Earnings 1 F/T Employee Overtime Earnings 3,700 Employee Benefits Social Security 800 Total $457,129 [] Adopted [] Adopted as Amended [] Defeated Y~s/AYe No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn vincent Orl~d0 lnitiat0r [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt ~!be~ ~PSk! Jr. S~0~d~ ~ [] [] Rescinded Louisa P. Evans Voter [] [] 13 [] Town Clerk's Appt Scott Russell Voter [] [] 13 [] Supt Hgwys Appt [] No Action 2011-98 CATEGOR~ DEPARTMENT: Employment - Town Accounting Authorizes PT HHA Diane Gatz to Work Full Time WHEREAS full-time employee # 5700 in the Town's Programs for the Aging has taken ill and is expected to be out of work for approximately 4 weeks and WHEREAS the Town Board has determined that the Town's Programs for the Aging requires January 18, 2011 Page 18 Southold Town Board Meeting Minutes full-time coverage, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes part-time Home Health Aide Diane Gatz to work full-time to cover this absence starting on January 18, 2011; rate of pay at Ms. Gatz's existing rate of $13.56 per hour. [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder I~ [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talb0~ Voter [] : [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Initiator [] : [] : [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] 0 O [] Supt Hgwys Appt [] No Action 2011-99 CATEGORY: DEPARTMENT: Budget Modification Highway Department 2010 Budget Modification - Highway Fiscal Impact: The reason for this budget modification is due to the fact that these line item(s) need to be increased as there was insufficient funding in these respective line items. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 Highway Fund Part Town budget as follows: To: DB.5110.1.100.100 General Repairs DB.5110.4.100.200 DB.5110.4.100.905 DB.5130.4.100.550 Personal Services Full Time Employees Regular Earnings General Repairs Contractual Expense Supplies & Materials Fuel/Lubricants General Repairs Contractual Expense Supplies & Materials Asphalt Patch Machinery Contractual Expense $19,925.00 2,424.00 2,300.00 January 18, 2011 Page 19 Southold Town Board Meeting Minutes DB.5140.4.100.125 DB.5140.4.100.600 DB. 5140.4.100.900 DB.5140.4.400.100 DB.5140.4.600.600 DB.5140.4.600.700 DB.5142.4.100.920 DB. 5142.4.100.935 Supplies & Materials Tires Brush & Weeds/Miscellaneous Contractual Expense Supplies & Materials Miscellaneous Supplies Brush & Weeds/Miscellaneous Contractual Expense Supplies & Materials Uniforms Brush & Weeds/Miscellaneous Contractual Expense Supplies & Materials Landscaping Materials Brush & Weeds/Miscellaneous Contractual Expense Contracted Services Cleanup Week Debris Disposal Brush & Weeds/Miscellaneous Contractual Expense Miscellaneous Dues & Subscriptions Brush & Weeds/Miscellaneous Contractual Expense Miscellaneous Licenses Snow Removal Contractual Expense Supplies & Materials Sand Snow Removal Contractual Expense Supplies & Materials Rock Salt From: DB.5140.1.100.100 Brush & Weeds/Miscellaneous Personal Services Full Time Employees Regular Earnings TOTAL: TOTAL: 9,847.00 2,745.00 770.00 60.00 12,342.00 357.00 326.00 2,700.00 16,207.00 $ 70,003.00 70,003.00 $70,003.00 January 18, 2011 Southold Town Board Meeting Minutes Page 20 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] : [] [] [] [] Withdrawn ~t ~i~d0 Voter I~I [] Supervisor's Appt ~gp~er Talbo~ [] Tax Receiver's Appt A!bext ~p~k! ~r, ~p~er [] ~ [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-100 CATEGORY: DEPARTMENT: Attend Seminar Police Dept Grant Permission to Detective Sergeant John Sinning to Attend MAGLOCLEN Seminar RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective Sergeant John Sinning to attend the Middle Atlantic Great Lakes Organized Crime Law Enforcement Network (MAGLOCLEN) 2011 Annual Conference in Pittsburgh, PA commencing on Monday, April 4 through Thursday~ April 7~ 2011. All expenses for registration and meals to be a legal charge to the 2011 Police Training Budget line - A.3120.4.600.200. [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withd~wn Vincent Orlando Voter [] : [] [] [] [] Supervisor's Appt Christopher Talbot Initiator [] [] [] [] [] Tax Receiver's Appt Albext Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] NO Action 2011-101 CA TE GORY: Grants DEPARTMENT: Town Clerk 2011-2012 LGRMIF NYSED Grant Application for Geographic Information System RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Active Records Category Cooperative Local Government Records Management Improvement Fund (LGRMIF} grant application as lead a~,encv, together with the Village of Greenport, to the New York State Education January 18, 2011 Southold Town Board Meeting Minutes Page 21 Department, New York State Archives and Records Administration, under the 2011-2012 (LGRMIF) Local Government Records Management Information Fund grant program for a Enterprise-Wide Geographic Information System~ in the amount of $100~000. [] Adopted [] Defeated y~s/~y~ N0~Nay Ab~a!a ~b~ [] Superviso~'s Appt Christopher Ta!b0t : Vo~er ~ [] [3 [] [] Tax Receiver's Appt A!~ ~p~l{! ~? Vot~ ~ [3 [] [] Comments regarding resolution 101 SUPERVISOR RUSSELL: Can I just quickly comment? This actually is all part of the bailiwick of the information technology, Betty Neville our Town Clerk, has a very vivid vision of our future and we, economically, haven't been able to implement a lot of the things that we would like to implement, so Betty has taken it upon herself to go out and secure grants, grant after grant to keep these programs moving forward. Municity, GIS information systems. When all of this is said and done, the public will be served much better. This is an inter-municipal agreement with the Village of Greenport. Again, this is absolute, all of the credit for this rests with Betty. She has kept this moving and has been very successful in securing grants to keep our upd~ting~ alive. Thank you, Betty. 2011-102 CATEGORY: DEP~IRTMENT: Attend Seminar Planning Board Grant Permission to Heather Lanza, Planning, Director, to Attend the 2011 APA National Planning Conference in Boston, MA from April 9-11,2011 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Heather Lanza~ Planning Director~ to attend the 2011 APA National Planning Conference in Boston~ MA from April 9-11~ 2011. All expenses for registration, travel and meals to be a legal charge to the 2011 Planning Budget (Meetings & Seminars: B.8020.4.600.200). January 18, 2011 Southold Town Board Meeting Minutes Page 22 [] Adopted [] Adopted as Amended [] Tabled William Ruland Voter [] Withdrawn Vincent Orlando Initiator [] Supervisors Appt Christopher Talbot Voter [] Tax Receiver's Appt A!be~ ~PSk! Jx': ~econder [] Rescinded Louisa P. Evans Voter [] Town Clerk's Appt S~ott Russell Voter [] Supt Hgwys Appt [] No Action Comments regarding resolution 102 COUNCILMAN ORLANDO: And you see there is no lodging costs here? Heather is staying with a friend to help keep the costs down for the seminar. Thank you for that, Heather. 2011-103 CATEGOR~ DEPARTMENT: Committee Appointment Town Clerk GIS Steering Committe RESOLVED that the Town Board of the Town of Southold hereby creates a GIS Steering Committee for the following purposes: · Provide recommendations for initiatives stemming from the direct needs of the GIS user community; · Prepare recommendations on budget, staffing and projects for the Supervisor and Town Board, and the Village Administrator and Village Trustees; · Coordinate the GIS activities of the Town and Village; · Create subcommittees as needed and within established guidelines; · Manage and coordinate the activities of the subcommittees; AND be it FURTHER RESOLVED that the Town Board of the Town of Southold hereby appoints the following individuals as members of this GIS Steering Committee: Phillip Beltz, Deputy Supervisor (Executive Member) Christopher M. Talbot, Councilman (Executive Member) John Sepenoski, Technical Coordinator (Executive Member) Lloyd Reisenberg, Network Administrator (Executive Member) Elizabeth Neville, Town Clerk, RMO (Executive Member) Robert Scott, Chairman, Board of Assessors Lauren Standish, Secretarial Assistant, Board of Town Trustees James A. Richter, Engineering Department Eileen Wingate, Administrator, Village of Greenport Curtis Davids, or designee, Highway Department Karen McLaughlin, Director of Human Services January 18, 2011 Page 23 Southold Town Board Meeting Minutes Heather Lanza, and/or Mark Terry, Planning Department Leslie Weisman, Chairman Zoning Board of Appeals Melissa Spiro, Coordinator of Land Preservation Department Chief Carlisle Cochran, Jr. or designee, Police Department Effective immediately, to serve for a period of two (2) years without compensation, to expire on March 31, 2013. [] Adopted [] Adopted as Amended [] Defeated Yes/Aye N0fNay~ Abstain Absent [] Tabled William Ruland Seconder ~ [] [] [] [] Withdrawn ~in~ent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt 6!b~ ~p~ki ~r, [ ~!~!a~? [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scoil Russell : Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 103 COUNCILMAN KRUPSKI: This goes back to the previous resolution that Bill read and that the Supervisor commented on, about the geographic information system and the grants that Betty has helped us secure to get this started and implemented: 2011-104 CATEGORY: DEPARTMENT: Budget Modification Trustees 2010 Budget Modification - Trustees Fiscal Impact: to cover over expended line items in the Board of Trustees' budget: RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2010 budget as follows: TO: A.8090.1.200.100 A.8090.4.600.350 FROM: A.8090.1.300.100 A.8090.4.600.200 Part-Time Employees/Regular Earnings Travel (Mileage) Seasonal Employees/Regular Earnings Meetings & Seminars $I.00 $62.00 $1.00 $62.00 January 18, 2011 Page 24 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended [] Defeated X~s/Ay~ Ab~t~i~ .s.~[ [] Tabled William Ruland Voter [] [] [] [] [] Withdrawa Vincent Orlando Voter [] [] [] [] [] Super~isor~s Appt C~$t0pber TalbOt Seconder [] [] [] ~l [] Tax Receiver's Appt A!b~ ~lo~k! JL V~er ~ [] [3 ~ [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scot~ Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-105 CATEGOR~ DEPARTMENT: Budget Modification Accounting Budget Modification for Insurance Recovery Fiscal Impact: Appropriate insurance recovery for street light damaged in MVA RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2011 budget as follows: To~: Revenues: A.2680.00 Insurance Recoveries $2,449 To: Appropriations: A.5182.2.500.500 Street Light Fixtures $2,449 ¢' Vot~ Re--rd, Re~luti0n ~S-2011.105 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/NaY Abstain Absent [] Tabled William Ruland Voter [] [] : [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Clxfistopher Talbot Initiator [] [] [] [] [] Tax Receiver's Appt Albe~ Kmpski Jr. Voter [] [2] [] [] [] Rescinded Louisa P. Evans Seconder [] ~ [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-106 CA TEGOR Y: Litigation DEPARTMENT: Town Attorney Retain Frank lsler/Wren Litigation January 18, 2011 Page 25 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby retains Frank A. Isler~ Esq. as Special Counsel in the Supreme Court~ Suffolk Court ,ty civil action entitled "Eugene Kuchner~ et al. v. Zoning Board of Appeals of the Town of Southold~ John E. Wren and Sharon I. Wren" under Index No. 11-01108. [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Na~ Abstain Absent [] Tabled William Ruiand Initiator [] [] [] [] [] Withdrawn ~i~eni ~i~do ~,,der ~ El [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt ~!be~ ~pski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [~ [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-107 CATEGORY: DEPARTMENT: Coastal Erosion Town Attorney Adopt Findings/Meyran CEM Appeal WHEREAS, the Board of Trustees on July 21, 2010, denied the application of Glenn R. Meyran (the "Applicant") for a permit to complete work on the observation deck on the premises known as 175 Sonndview Avenue, Mattituck, New York, under the Coastal Erosion Hazard Areas Law (the "Law") of the Town of Southold; and WHEREAS, on August 19, 2010, the Applicant submitted an application to the Town Board of the Town of Southold, as the governing Coastal Erosion Hazard Board of Review, seeking to appeal the determination of the Board of Trustees, or in the alternative, seeking a variance from the requirements of the Law; and WHEREAS, the Town Board did transmit a copy of the instant appeal to the New York State Department of Environmental Conservation; and WHEREAS, the Town Board conducted duly noticed public hearings on the instant appeal with an opportunity for all interested parties to be heard; and WHEREAS, that the Town Board of the Town of Southold hereby finds that the approval of the variance application is classified as a Type II Action pursuant to SEQRA Rules and Regulations, 6 NYCRR, Section 617; and January 18, 2011 Page 26 Southold Town Board Meeting Minutes WHEREAS, the application has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review of the Town Code and the Local Waterfront Revitalization Program ("LWRP')); now, therefore, be it RESOLVED that the Town Board of the Town of Southold does hereby adopt the Findings and Determination dated January. 18~ 2011~ granting the Application of Glenn R. Meyran for a variance pursuant to §111-20 of the Law; and be it further RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed action is classified as a Type II Action and is not subject to review pursuant to SEQRA Rules and Regulations for this action; and be it further RESOLVED that the Town Board had determined that this action is consistent with the LWRP; and be it further RESOLVED that this Determination shall not affect or deprive any other agency of its properly asserted jurisdiction, separate and apart from the proceedings under the Coastal Erosion Hazard Areas Law considered herein. [] Adopted [] Adopted as Amended [] Defeated y~,a,y~ N0~N~y Ab~!n Ab~f~t _ 13 Tabled William Ruiand Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Chris~0pher Talbo! Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupsk! Jr- Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [3 [] [] Town Clerk's Appt Scoi~ Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-108 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Agreement W/Weston & Sampson~FI Pump Station RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Preventative Maintenance Agreement between Weston & Sampson CMR~ Inc. and the Town of Southold for the maintenance of the Fishers Island Pump Station for a total of two visits at a total contract price of $2,174.00 for 2011, subject to the approval of the Town Attorney. January 18, 2011 Page 27 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended FI Defeated Ye~/A~e No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Cluistopher Ta!b?t V?ter [] [] [] [] Tax Receiver's Appt lni~!~~ ~ [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Cl~rk's Appt Scott Russell Voter I~ Iq lq Iq [] Supt Hgwys Appt [] No Action 2011-109 CATEGORY: DEPARTMENT: Sanitary Flow Credits Town Clerk Set the Prices for Sanitary Flow Credits Transferred from the Sanitary Flow Credit Bank to an Applicant Pursuant to the Procedures Set Forth in Chapter 117 of the Town Code RESOLVED that the Town Board of the Town of Southold hereby sets the following prices for Sanitary Flow Credits transferred from the Sanitary Flow Credit Bank to an applicant pursuant to the procedures set forth in Chapter 117 of the Town Code: $10,000 per credit to be used to create an accessory apartment $12,500 per credit to be used to create a single family home Each credit is equivalent to 300 gallons per day of sanitary flow. A credit may be transferred to an applicant in fractional amounts no smaller than a tenth of a credit. [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt ~i~pb~ Tai~ ~ F1 lq [3 [] Tax Receiver's Appt A!b~ ~PSk! J~: Vpter [] [2] lq lq [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scoit Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-110 CA TEGOR Y: DEPARTMENT: Special Events Town Clerk Use of Laurel Lake - Troop 39 January 18, 2011 Page 28 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold has determined that the request for the use of this facility by Boy Scout Troop and Cub Scout Pack (Troop 39) of Mattituck is consistent with the approved Management Plan for the Laurel Lake Preserve, and be it further, RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Boy Scout Troop and Cub Scout Pack (Troop 39) of Mattituck to use the Laurel Lake Preserve Outdoor Facilities and Pavilion on January 22, 2011 from 8:00 a.m. to 1:00 p.m. for the purpose of holding a "Klondike Challenge", providing they file a certificate of insurance naming the Town of Southold as an additional insured for one million dollars and written acknowledgement of the conditions for the use of Laurel Lake Preserve for this event. All Special event fees shall be waived for this event. [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt ~ [] ' [] Christopher T~I~ V0[er [] Tax Receiver's Appt [] [] [] Albert Krupsk! ~r: Vp[~ [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwy$ Appt [] No Action Comments regarding resolution 110 COUNCILMAN TALBOT: I am going to recuse myself on this, my brother being the scoutmaster and there were some issues with it, so does somebody want to move it? COUNCILMAN KRUPSKI: Are you in that troop, too? COUNCILMAN TALBOT: Not anymore. 2011-111 CA TE GOR Y: Seqra DEPARTMENT: Town Attorney LL/ZBA Fees SEQRA RESOLVED that the Town Board of the Town of Southold hereby fmds that the adoption of the local law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with ZBA Application Fees and Chapter 144~ Fire Prevention and Building Code Administration~ in connection with Deer Exclusion Fences Permit Fees" is classified as a Type II Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. January 18, 2011 Page 29 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando ~ecO~er [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Rvsscll Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-112 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact LL Re: ZBA Fees and Deer Fence Fees WHEREAS there had been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 14th day of December, 2010, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with ZBA Application Fees and Chapter 144~ Fire Prevention and Building Code Administration~ in connection with Deer Exclusion Fences Permit Fees. and WHEREAS the Town Board of the Town of Southold held a public heating on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with ZBA Application Fees and Chapter 144~ Fire Prevention and Building Code Administration~ in connection with Deer Exclusion Fences Permit Fees which reads as follows: LOCAL LAW NO. 2 of 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with ZBA Application Fees and Chapter 144~ Fire Prevention and Building Code Administration~ in connection with Deer Exclusion Fences Pernut Fees . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has reviewed the Zoning Board of Appeals fees associated with applications for variances under the Town Code, special exception permit, and other miscellaneous matters January 18, 2011 Southold Town Board Meeting Minutes Page 30 handled by the Zoning Board of Appeals, and have determined that said fees are outdated and require revision. Additionally, the Town Board is adding a fee for deer exclusion fencing under §280-105(C) to the listed building permit fees under §144-8. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-149. Fees. Applications to the Board of Appeals for any relief herein shall be accompanied by a fee as hereinafter provided: For area variance applications involving fences, accessory structures or accessory buildings, alterations or additions containing less than 200 square feet in floor area, the fee shall be $!59 $250. For area variance applications involving fences, accessory structures or accessory buildings, alterations or additions 200 square feet in floor area or more, the fee shall be $50O. For applications containing more than one request .... ~' ....... ~:~*: .........*: .... ....... .~ ...... ~1 ....;A*I~ .,~-~ .... .1~ C~ .1~.11 1~ q~nneach additional variance request shall have a fee of $250 (if under 200 square feet) and $500 (if200 square feet or more). For applications for interpretations on appeal from an order, decision or determination of an administrative officer, the fee shall be $299 $300 for each section of the Town Code for which an interpretation is requested. For applications for variances from Town Law § 280-a (tights-o[way), the fee shall be · ~n $400. For applications for rehearings, the fees shall be ................ ~.4.:.~ .~;~:~ as follows: A reheating necessitated by an Amended Notice of Disapproval the fee shall be $250, plus $250 for each additional variance requested (under 200 square feet) and $500 for each additional variance requested (200 square feet or more). Amended Decision requiting a heating shall have a fee that is the same as the original application. January 18, 2011 Southold Town Board Meeting Minutes Page 31 3. Reopening the record on an Appeal that has been closed shall have a fee that is the same as the original application. 4. A heating that has been re-calendared because it was adioumed without a date shall have a fee of $250. G. For applications for public entertaiment and special events permits, the fee shall be $50. H. For applications for a Special Exception Permit for a bed and breakfast, the fee shall be $750. I. For applications for a Special Exception Permit for an accessory apartment located within an accessory structure, the fee shall be $500. J. For all other Special Exception Permit applications involving property located in a residential zone, the fee shall be $750. K. For all Special Exception Permit applications involving property located in a non- residential zone, the fee shall be $1,200. L. For applications for a waiver of lot merger, the fee shall be $750. M. For all applications for a use variance, the fee shall be $1,000. N. For all applications for a variance of the provisions of Article XIX, Signs of this Chapter, the fee shall be $500 for each variance requested. O. For applications for a Special Exception Permit for public utility structures and uses, the fee shall be $1,000. §144-8. Building permit required; application for permit. K. Permit fees. (1) The following fees shall be paid upon the filing of an application with the Building Inspector for a building permit, which fees shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied: (a) Single-family dwellings: [1] New dwellings and alterations or additions to existing dwellings: $200, plus $0.40 for each square foot of floor area. 2] Accessory buildings and additions or alterations to existing accessory buildings: $100, plus $0.40 for each square foot of floor area. January 18, 2011 Page 32 Southold Town Board Meeting Minutes (b) Farm buildings and additions or alterations to existing farm buildings: $150 for each building. (c) Hotel, motel, multiple dwellings and business, industrial and all other buildings, including wineries: [1] New buildings and additions and alterations to existing buildings: $250, plus $0.40 for each square foot of floor area. [2] Accessory buildings and additions and alterations to existing accessory buildings: $100, plus $0.40 for each square foot of floor area. (d) Foundations constructed under existing buildings: $200. (e) In-ground swimming pools, together with required enclosure fencing: $250; aboveground swimming pools, together with required enclosure fencing: $250. (f) The permit fee for all signs shall be $75 per permit. (g) Demolition and/or removal of any building: $100 minimum and $0.30 for each square foot of floor area. (h) Deer exclusion fences erected in accordance with §280-105(C): $75. (2) If an application is denied and a notice of disapproval is issued, the applicant shall pay a fee of $50. (3) For the purpose of this Subsection K, cellars, decks, attached garages and any habitable area shall be included in the calculation of floor area. (4) Preconstruction fee. If any land clearing or excavation or building or commencement of any construction activity is without the benefit of applicable Town permits, all fees associated with any land cleating or excavation or building or construction activity will be equal to double the otherwise applicable fee for all permits as provided by this chapter. (5) Notwithstanding the foregoing, no fee shall be required of or paid by taxing entities or districts, including but not limited to fire districts, school districts, park districts and the like. (6) In the event that a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee paid within one year of issuance, provided that no construction has commenced. III. SEVERABILITY January 18, 2011 Southold Town Board Meeting Minutes Page 33 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. [] Adopted [] Adopted as Amended [] Defeated y~Ay~ N0fNay Absta!~ ~b~ent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt christ°pher Talboi Secpndex [] [] [2 [] Tax Receiver's Appt A!b~ Krup~k! ~[, Vo~ ~ [] [] [3 [] Rescinded Lou!sa P. Eyans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 112 SUPERVISOR RUSSELL: Just for a clarification, actually what we did tonight was we raised the fees for the Zoning Board of Appeals. The reference to the deer fencing was nothing more than the Town Board codifying a resolution that it passed several months ago establishing a fee for the deer fencing that we had recently adopted, allowing deer fencing in the rear of residential properties. So that is why there was a reference to that tonight. VI. Public Hearings 1. Orient Wharf Co. CEA PH 1/18/11 ~ 9:00 am History: 01/18/11 Town Board ADJOURNED Next: 02/01/11 On motion by Councilman Talbot, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby adjourns this public hearing on the Orient Wharf Company coastal erosion appeal at 9:35 AM until the next regular meeting of the Southold Town Board to be held on February 1,2011. Written comments received within this time period to be placed in the heating file. On motion by Councilman Talbot, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby adjourns this public hearing on the Orient Wharf Company coastal erosion appeal at 9:35 AM until the next regular meeting of the Southold Town Board to be held on February 1,2011. Written comments received within ihis time period to be placed in the hearing file. RESULT: ADJOURNED [UNANIMOUS] Next: 2/1/2011 4:30 PM MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell January 18, 2011 Page 34 Southold Town Board Meeting Minutes Councilman Christopher M. Talbot This public heating was opened at 9:05 AM with the reading of the legal notice by Councilman Talbot. COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold set January 18, 2011 at 9:00 AM in the Town Meeting Hall, 53095 Main Road, Southold, New York 11971, as the time and place for a public hearing on the Coastal Erosion Hazard Board of Review Appeal of Clare and David Air, Timothy Frost, and Margaret Minichini in connection with Trustees' Permit #7368C issued to Orient Wharf Company, dated August 18, 2010, relating to the replacement of an existing asphalt vehicle and access paving (an approximate 17' portion) over fill at an existing wooden bulkhead structure with a new timber deck structure located at 2110 Village Lane, Orient, New York, SCTM #1000-24-2-28.1. I have the notice that it was published in the Suffolk Times dated December 16, 2010 and the notice that it was posted on the Town Clerk's bulletin board on December 13, 2010. And that is it. Anthony Pasea, Attorney ANTHONY PASCA: Anthony Pasca, 108 East Main Street Riverhead. I am here representing David and Claire Air, who are here and Timothy Frost and Margaret Minichini. Tim is also here. The Air's live and own the property immediately to the north and adjacent to the Orient wharf pier and Frost and Minichini own the property immediately to the south. So I represent both neighbors directly adjacent to the wharf. I have submitted a sort of lengthy written explanation what the grounds of our appeal are. But I want to go through every word with you guys, I am assuming either you have read it or I hope you will have read it before you decide the appeal. I just want to touch on a few points, I want to bring to your attention. And basically we are talking about a very limited appeal here. We are not challenging the work companies underlying desire to change the surface of the 17 foot span. Aesthetically, my clients have no problem with the structure, we have no problem with what they show on their plans. The only thing we appealing at this point is the Trustee's refusal to follow section 111-15 and to condition the permit on the maintenance of the rest of the rest of the structure. All the wharf company has done and they have already done the work that they were planning on doing which is to change the surface part. In their papers to the Trustee's they said, oh, yeah and the rest of it is deteriorating but they show the rest of it remaining yet they didn't propose to repair them, they didn't propose any kind of maintenance plan for the bulkhead and the fill underneath and that is what we are challenging. We asked the Trustee's to make them true to their word, they are showing that this is what they are showing to be. Make them maintain it. That is what the code requires. 111-15 is the main section that this appeal is based on and it is actually a section of town code that is based on town law. In the coastal erosion town text, the state allows the town to take over the coastal erosion code but only if the town's code has certain minimal standards. This is built into the state law and this 30 year maintenance requirement is a direct requirement in the ECL, which is the state code. It is ECL 34-0108 which says that of the minimum standards that a local code must have, it must have this 30 year requirement. And you have put the 30 year requirement into 111-15 b, c and d. B, I am just going to partly read or partly paraphrase, but B says that all erosion protection structures have to be designed and constructed according to generally accepted engineering principles. And it says that the protective measures must have a reasonable January 18, 2011 Southold Town Board Meeting Minutes Page 35 probability of controlling erosion on the immediate site for at least 30 years. C then says that all materials have to be designed to be capable of withstanding inundation wave impacts, weathering and other effects of storm conditions for a minimum of 30 years and then it goes on to say that an individual component can have a working life of less than 30 years but only, only when there is a maintenance program that ensures it will be regularly maintained, replaced as necessary to attain the required 30 years of erosion protection. Then D goes on to talk about talk about what a maintenance program should be, it even says that town can and will require a bond to ensure compliance with the maintenance program. So it is all built into your code. They have to design it for 30 years, if they can't design it for 30 years, they have to maintain it for 30 years and may even have to bond that maintenance program. So what we were asking the Trustees to do is just follow that code provision. It is pretty simple. And basically the Trustees said we don't that. We don't impose conditions on the permit which was kind of shocking to me because I have been before that Board many times where I have had conditions imposed on me that changed entire design of my project and all we were asking for was the condition to hold them to the design that they were proposing. If you look at their plans, so I am not making this up, they do say existing pilings and sheathing to remain. And that was shown directly on their plan. Sort of what the Trustee's said, well, they are showing it (inaudible) but they wouldn't require them to condition this permit on that 30 year maintenance plan. So that is why we are here, it is a simple request but it is extraordinarily vital for my clients and to a lot of other neighbors there because and this is something else that is sort of detailed in the written submission, if that 17 foot span breaches, that beach is gone in the first storm. It is gone, there is not question about it. The way this thing is designed, you stick a 500 foot wall, solid wall into the water at basically a perpendicular angle to the beach, if you pop a whole right on the beach, that beach is going to be gone. Everybody knows it and probably the wharf company wouldn't mind if that happens, I don't know what the Trustee's were thinking when they refused to make sure that this was maintained, but they refused to analyze any of it and refused to condition it. And so you know that we are not making this up, we had some pictures taken over the last couple of months, I had those submitted last week, showed what this particular section, we are talking about a 17 foot section, how it has changed in just four months since they did the work. You know, out of three pilings that were supporting the north side, two of them are gone. You know, the sheathing is sta~ing to come off. One of the lateral support pieces is half gone, it is dislodged and the other half, it is ridiculous, they are not maintaining it. If anything, somebody is out there helping this along or a couple of good storm events have really done some damage. So the need for the maintenance is apparent, just go down there yourself, you will see it yourselves and it is required by the code. It is really that simple. And we are not asking you to outright revoke their permit, we are just asking to require them to maintain the structure that they say they are keeping. That is all I have. If you have any questions, I would be happy to answer. SUPERVISOR RUSSELL: Would anybody else like to? Please. John Kelly, Orient JOHN KELLY: Hi, my name is John Kelly, Jack Kelly and I live north of the wharf, about 600 feet. What was argued before the Trustee's and with other bodies was the need that the wharf company had was for a roadway that was sagging and we have heavy vehicles going out there. Septic pump during the summer months, a pumper goes out, fire engines go out and many vehicles go out. So the, what was desired was a repair to the roadway and that has been January 18, 2011 Page 36 Southold Town Board Meeting Minutes accomplished, as counsel has said. I would like to, if you don't mind, just as a refresher. I think you have seen these before. These are pictures of what the structure originally looked like. They are the same picture, just in different formats. And when the structure was built, there was an opening at that point. It was not the first iteration of that wharf. The wharf had collapsed several times and they finally got it right back in the 1850's. And sometime during the 70's is our best bet fi.om recollections of people, that opening was filled in. prior to that, people who are long time residents of Orient used to play in it as kids. They go back and forth and there was water flowing under it and the .beach property survived. What has happened since it was filled in in the 70's has been as one would expect. Pile up the sand on both sides of the wharf because it has effectively become a jetty and the sand continues to pile. The sand condition is, when the wind is blowing from the south it, sand moves up to the wharf in that direction and when it is blowing fi-om the north it moves from the other side but it has no way of getting out, it just piles there. So this was not a, you know, something that was part of the original structure, it is not structure at all. It is cheap fill that was put in by the owner, the individual who owned both properties that the complainants own, only one on each side of the property. Also had a controlling interest in the wharf company. This was, I recall when it was, that opening was in trouble itself, it needed to be replaced, the roadway. That there was a debate, there were metal plates on it at the time because it was unsafe and the debate was what should be done and the next year, sometime over the course of the year, it was filled in with cheap fill. So this is not a natural occurrence and it was not part of the original structure. It was the owner of the complaining properties that did the filling in and caused this whole thing. One of the effects of the sand buildup is that the properties furthest away from that area are losing sand, have lost sand and particularly to the south side and it has piled up. So and another effect is that the, and it is less obvious (inaudible) for the wharf company to use its facility. So I just wanted to put that into the record as to what some of the history had been and this has been, you know the bridge, the roadway surfacing was absolutely necessary to be done and any further conditions on that were not produced and the only thing I guess, that is being asked for is that we perpetually maintain the property and I am unsure of how neighbors can complain to require, in the absence of a safety hazard, how they can require an operating facility to perpetually maintain something that was put there, un-permitted and so forth, it was just done, to screw up basically what had been an operating facility for 100 years before that. Thank you. SUPERVISOR RUSSELL: Thank you, Mr. Kelly. Would anybody else like to address the Board? Anthony Pasca, Esq. MR. PASCA: Just a couple of minutes on that. I appreciate the speakers candor about what the history of it and what the, probably, preferable desire on the wharf company and yacht club's position, is to return it to that condition but that original structure, if we take them at their word that is what it used to be. That original structure was built pre-coastal erosion hazard area law, pre-wetlands law. No permits were required, no studies were required. And to say that that was the original conditions, just because it was built with a tenible engineering design doesn't mean that we should retum to a terrible engineering design now that there is a coastal erosion law and there is a wetlands law that is supposed to make sure that any structure that is built is built to the best standards possible. That is, I mean, that is why we have these things. Not to perpetuate or even retum to past problems but to make sure that anything that happens now is done in a proper January 18, 2011 Page 37 Southold Town Board Meeting Minutes way. I have seen the Board's, you know, tell people who had pre-existing jetties you have got to change your design, we are not going to let you rebuild it exactly as is, we are going to make you build it to modem standards. So for, to say that that structure screwed things up, those were his words, it was unstable and causing the problem and as their own pictures showed it, there was water underneath that bridge. It shows that this thing works now, it is a solid structure. It didn't work when there was a whole popped in a 17 foot span of it. Inaudible. SUPERVISOR RUSSELL: Can I just ask for some clarity? Was the 17 feet that you are referencing on the photo's you submitted, I have to assume that is where the new lumber is? MR. PASCA: Yes. SUPERVISOR RUSSELL: Okay. And what you are basically asking this Board is to say you don't have a problem with that, the underlying structure there is what you want to see in terms of some sort of language in the permit that would require that that not only stay, it be maintained. MR. PASCA: Yes. Yes. SUPERVISOR RUSSELL: Okay. MR. PASCA: That is what show on their plans, so that is why I, if they had come in with an application that said we want to redesign this thing and they were honest about it and said we want to actually pop a hole in here where we would like to see it, they would never have met the standards of the code. Never in a million years. SUPERVISOR RUSSELL: I can appreciate that, I am not an engineer. To be candid, I looked at it and said they will have no choice but to maintain it because it is what is holding up the new lumber. MR. PASCA: It is not. SUPERVISOR RUSSELL: It is not? MR. PASCA: It is not and that is why this, you know, you have got to read the fine print on the application. What they did is they supported on two ends of the timber structure, they supported it to the point where and they say it in their own application, what is underneath is now superfluous. SUPERVISOR RUSSELL: Oh, okay. MR. PASCA: So that is why this is a big deal. Because they changed the basic nature of it and made that part superfluous which is why they have no incentive to maintain it anymore. COUNCILMAN TALBOT: I have a question, looking at the survey dated June 9, 2010 and it shows both the properties north which ends about 20 feet or so east of where that bridge area is and then the property to the south looks like it comes fight up to the southeast comer of that January 18, 2011 Page 38 Southold Town Board Meeting Minutes bridge section. It also shows on there beach grass and plantings that extend out well past or well west of that bridge. Where those, were permits granted from the Trustees to place any sand or plant any beach grass on the applicants or complainants property north and south of that bridge? MR. PASCA: No, not that I know of. COUNCILMAN TALBOT: Did they ever get any permits and plant any grass themselves out there? Beach grass or .... COUNCILMAN KRUPSKI: Probably natural accretion. MR. PASCA: This is natural accretion. You know, I mean since when is accretion a bad thing? The applicant, the wharf company speaks of accretion as if it is a bad thing and this is the first time I have heard of that, where you want to return to erosive conditions as opposed to accreting condition. And it is on both sides, so it is not like there is an obvious starvation of one side, you have got both sides accreting which is never a bad thing, at least not in the coastal erosion lingo. COUNCILMAN KRUPSKI: The Trustees reviewed this under the coastal erosion law and under the wetland law. And when we first got the appeal, Louisa Evans and I went out and we did a site inspection, that was a couple of months ago and you know, being familiar with it, we got to see it first hand and see what was built because at that point, what had been applied for and granted by the Trustees had been built. So we got to see what was there and then I took a look because it had been a few years since I was actually was familiar with the coastal erosion law, so I went back and took a little refresher look at it and the appeal is based on that maintenance requirement for an erosion control structure but a wharf, I mean, in my opinion wouldn't be an erosion control structure. A wharf is something that was built, intended, it was originally built and is used as access into deeper water not as an erosion control structure but it is an erosion control structure. MR. PASCA: I mean, it is functioning as an erosion control structure and... COUNCILMAN KRUPSKI: Alright, but it is not built, the intention is not for erosion control, the intention was for access. That is the way I saw it. MR. PASCA: That might have been true if it were a pier type structure but they built it as a solid wall. I mean, this thing was designed to protect, probably I am guessing this goes back a century or more but it was designed to protect the main side of the docks and the boats that are there. It is basically a breakwater and your code defines erosion protection structure pretty generally but let's say for arguments sake, Councilman, that 111-15 doesn't apply, I am not sure what permission or what right they have to build anything there if it is not, it doesn't follow at the very minimum 111-9 which says everything has to be designed in a way that is the most reasonable, the least intrusive and doesn't, 111-9 B says it can't have the propensity to cause erosion. They have to demonstrate that. So if they were actually being honest about this application and said we want to turn this design into this design and the new design would be, it would have a bridge with a hole underneath it. They would have to show through, you know, some engineer that that January 18, 2011 Page 39 Southold Town Board Meeting Minutes design wouldn't have more of a likelihood of causing erosion. They could never do that. You know, I am a lay person but I know enough about engineering to say you pop that hole in it, that beach is gone. So there is not an engineer on this planet, who has a degree, who will say that that design is a better design than what is there now. COUNCILMAN KRUPSKI: But that is a question that I think this Board has to answer. Because what was done in the past, you know, was done in the past. It was built, it was an opening, they opened it (inaudible) you know, we are here today and that is what, and is it an erosion control structure? Do the Trustees have to enforce a maintenance provision in that permit? MR. PASCA: Even if it is not an erosion control structure, they still have to ensure, they have to impose conditions to make sure that it is a reasonable design. There is no, whatever you call it, they still have to do that at a bare minimum. And without any offering by the applicant which it is their burden, you sat on that Board for a long time, it is always the applicants burden to come forward with proof that their design is not going to cause this or destroy the wetlands or whatever. They never posited the idea that that hull would be breached and they never offered any analysis of what would happen if that hull was breached. They showed on their plans it would be maintained, yet they are not maintaining it. And you can't, you can't just sort of approve part of it, then they acknowledge that the other part is deteriorating but we are not going to rebuild that. And we are not going to study what happens when that thing collapses. You know, you can't have it both ways. SUPERVISOR RUSSELL: Can I just get clarity on 111-9, which requires that they prove that it doesn't cause erosion, the same section doesn't require that they prove that it will cause accretion. I think the intent of that law was to ensure that there wouldn't be a starvation of one side from the other. Leaving or allowing the condition to return to its pre, recent history would allow for the flow, so I don't think 111 guaranteed accretion to either side of the equation. It spoke mostly to issues and the damaging affects of erosion. MR. PASCA: I understand your question but one thing, it is not recent history. This was 30 or 40 years ago. SUPERVISOR RUSSELL: In Southold... MR. PASCA: Inaudible, properties have changed in that area. SUPERVISOR RUSSELL: There is no doubt. MR. PASCA: But here is the other part of it. If they were coming in and saying we are going to dismantle the whole thing, we are taking it down. You can't force us to maintain it. Say they are right, we can't force them to maintain the structure but if they are going to insist on maintaining a 600 foot structure into the water, they can't design it in a way that makes it worse. They can't exacerbate erosion by saying we are going to create a wall that is going to pull currents into this one comer and then we are going to pop a hole right in that comer. That is the problem. January 18, 2011 Page 40 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Point well taken. MR. PASCA: That is the problem with their design, is that once they keep the structure they have to make sure it is designed in the most engineering appropriate way and popping that hole in the structure is not and they certainly haven't offered any proof that it would be and that it wouldn't cause more problems than not having any structure there at all. SUPERVISOR RUSSELL: Okay. Thank you. COUNCILMAN TALBOT: I would like to, I would like to review that code as well because looking at the old pictures, obviously everybody knew it was open, whether it was closed in without permits or prior to permits being required and now I would have to review that code myself to see how it reads. COUNCILMAN KRUPSKI: I will take a look at it now, too. SUPERVISOR RUSSELL: I marvel at people submitting photo's found on ebay for hearings. It reminds me of an old postcard. Would anybody like to address the Board on this issue? Please. Claire Aires, Orient CLAIRE AIR: I would just like one point, my name is Claire Air, I am the northerly abutter. I wanted to make one point which is that both all of us obtained our properties, the Frost's, the Air's and the wharf company obtained our properties at the point that the bridge was closed. There were two bulkheads. And when we bought our property we had a beach and we are afraid that if they don't maintain the bulkheads, we will no longer have a beach. And so I think that contrary to that gentleman, we do have an interest in them maintaining a structure that is going to maintain our beach because that is how we bought our property and that is how they bought their property. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Board? David Aires, Orient DAVID AIR: My name is David Air, my wife and I own the abutting property on the north side. Regarding the question about planting grass, it is my understanding that you can't plant anything that is in the area west of the existing stone walls there. That is DEC jurisdiction. At one point when we worked on our property, it took us two years to get a letter of non-jurisdiction delineating that existing wall to the west, the DEC said it was not and we have the letter, it was out of their jurisdiction however, going west from that wall is their jurisdiction. It is my understanding you can't plant anything in there and we never have. Those grasses grow naturally. Our, an environmentalist consultant we had testify at the heating with the Trustees was very clear about the importance of those grasses. I think they are, provide a benefit and a breeding ground for species that particular environment with those grasses is getting more and more difficult to find. And I think that it is in everyone's interest to preserve those if possible. That was made clear by the environmentalist from land use corporation. My wife made the point that the property owners north and south, as far as I know, every one of them took title to their property after, years after that bridge had, that closure was permanent. It may be impermanent January 18, 2011 Page 41 Southold Town Board Meeting Minutes because of poor design. The wharf company, the majority of shareholders in the wharf company, purchased their shares years after we bought our property and years after that condition existing. It is a burden for the wharf company because it inconveniences them should the consequences, the silting be a consequence of that closure. Well, that is a problem that they have. And I think there or have been for the 11 years that this controversy has been nmning around in that area of town and existing, for some reason the wharf company has decided not to proceed in most of us would agree is a reasonable pursuit to a solution which is to develop consensus from everyone by hiring the appropriate coastal engineering firms, tasking them with the conditions of the laws as the town and the state require, the environmental concerns, the property owners tights, the historic issues because that wharf is an historic monument in an historic district. A point which was denied by the wharf company in the two years ago when their application for a previous plan to put culverts through that, they said they were not a historic monument and they are not in an historic district, they are. That consideration could be taken into account as well by appropriate engineers who would then offer a plan to develop a consensus and we could end this because I am sure there is a way that everybody could get most of their concerns addressed. For some reason, the company has decided not to pursue that. So we are here today, again, on this issue. We have been here before, Mr. Krupski knows this has been around for too long. We are all hopeful that at some point, someone in the organization will come up and take the step to hire the appropriate consultants, develop this consensus and we can bring it to a close. Right now, I think the issue before the Board is to modify the permit that was granted in ways that we think are appropriate and this instant problem will go away, that all will be solved. I believe the wharf company then can in the furore, reapply to open up that space, (inaudible) request it. And then be subject to all the appropriate reviews that the law requires and I think that will lead us possibly to another, you know, final solution here. We are hopeful. We have been waiting and we hope you take this step to ease us out of this particular issue and maybe move us forward to one where we can actually get some progress. Thank you. SUPERVISOR RUSSELL: Thank you. COUNCILMAN KRUPSKI: Thank you. Supervisor Russell SUPERVISOR RUSSELL: One thing I want to say before we close the heating, first if anyone wants to speak, please feel free. But we are going to keep this open for two weeks. What I think we would like to do is hold it open subject to any written comment that wants to be submitted to the Board. Would anybody else like to address the Board at this time? Motion to adjourn. Thank you. Motion To: Motion to recess to Public Heating RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 7:55 P.M. in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Kmpski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krnpski Jr., Evans, Russell January 18, 2011 Page 42 Southold Town Board Meeting Minutes PH 1/18 7:32 Pm - LL/ZBA Fees & Deer Fence Fees - Set For RESULT: CLOSED [UNANIMOUSI MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Councilman Christopher Talbot COUNCILMAN TALBOT: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 14~ day of December, 2010, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with ZBA Application Fees and Chapter 144~ Fire Prevention and Building Code Administration~ in connection with Deer Exclusion Fences Permit Fees". 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 18th day of January, 2011 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with ZBA Application Fees and Chapter 144~ Fire Prevention and Building Code Administration~ in connection with Deer Exclusion Fences Permit Fees" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with ZBA Application Fees and Chapter 144~ Fire Prevention and Building Code Administration, in connection with Deer Exclusion Fences Permit Fees". BE IT ENACTED by the Town Board of the Town of Southold as follows: L Purpose. The Town Board has reviewed the Zoning Board of Appeals fees associated with applications for variances under the Town Code, special exception permit, and other miscellaneous matters handled by the Zoning Board of Appeals, and have determined that said fees are outdated and require revision. Additionally, the Town Board is adding a fee for deer exclusion fencing under §280-105(C) to the listed building permit fees under § 144-8. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-149. Fees. Applications to the Board of Appeals for any relief herein shall be accompanied by a fee as hereinafter provided: A. For area variance applications involving fences, accessory structures or accessory buildings, alterations or additions containing less than 200 square feet in floor area, the fee shall be $!59 $250. For area variance applications involving fences, accessory structures or accessory buildings, alterations or additions 200 square feet in floor area or more, the fee shall be January 18, 2011 Page 43 Southold Town Board Meeting Minutes $500. For applications containing more than one req ....... .~ ...... a .... :mu ..~.4 .....u~ c~ ~un, ~z e~nn each additional variance request shall have a fee of $250 (if under 200 square feet) and $500 (if 200 square feet or more). For applications for interpretations on appeal from an order, decision or determination of an administrative officer, the fee shall be $209 $300 for each section of the Town Code for which an interpretation is requested. For applications for variances from Town Law § 280-a (rights-of-way), the fee shall be e,~a $400. For applications for rehearings, the fee_s shall b *~ ....... ,~ ~ c~ ~ .... ~ c~. ,~.~ ,~.l~. ..... vt. .......... as follows: 1. A rehearing necessitated by an Amended Notice of Disapproval the fee shall be $250, plus $250 for each additional variance requested (under 200 square feet) and $500 for each additional variance requested (200 square feet or more). 2. Amended Decision requiring a hearing shall have a fee that is the same as the original application. 3. Reopening the record on an Appeal that has been closed shall have a fee that is the same as the original application. 4. A hearing that has been re-calendared because it was adjourned without a date shall have a fee of $250. For applications for public entertainment and special events permits, the fee shall be $50. For applications for a Special Exception Permit for a bed and breakfast, the fee shall be $750. For applications for a Special Exception Permit for an accessory apartment located within an accessory structure, the fee shall be $500. For all other Special Exception Permit applications involving property located in a residential zone, the fee shall be $750. K. For all Special Exception Permit applications involving property located in a non- residential zone, the fee shall be $1,200. L. For applications for a waiver of lot merger, the fee shall be $750. M. For all applications for a use variance, the fee shall be $1,000. N. For all applications for a variance of the provisions of Article XIX, Signs of this Chapter, the fee shall be $500 for each variance requested. O. For applications for a Special Exception Permit for public utility structures and uses, the fee shall be $1,000. {}144-8. Building permit required; application for permit. K. Permit fees. (1) The following fees shall be paid upon the filing of an application with the Building Inspector for a building permit, which fees shall be paid into the general fund if the application is approved or retumed to the applicant if the application is denied: (a) Single-family dwellings: [ 1 ] New dwellings and alterations or additions to existing dwellings: $200, plus $0.40 for each square foot of floor area. 2] Accessory buildings and additions or alterations to existing accessory January 18, 2011 Page 44 Southold Town Board Meeting Minutes (2) (3) (4) (5) (6) III. buildings: $100, plus $0.40 for each square foot of floor area. (b) Farm buildings and additions or alterations to existing farm buildings: $150 for each building. (c) Hotel, motel, multiple dwellings and business, industrial and all other buildings, including wineries: [1] New buildings and additions and alterations to existing buildings: $250, plus $0.40 for each square foot of floor area. [2] Accessory buildings and additions and alterations to existing accessory buildings: $100, plus $0.40 for each square foot of floor area. (d) Foundations constructed under existing buildings: $200. (e) In-ground swimming pools, together with required enclosure fencing: $250; aboveground swimming pools, together with required enclosure fencing: $250. (f) The permit fee for all signs shall be $75 per permit. (g) Demolition and/or removal of any building: $100 minimum and $0.30 for each square foot of floor area. (h) Deer exclusion fences erected in accordance with §280-105(C): $75. If an application is denied and a notice of disapproval is issued, the applicant shall pay a fee of $50. For the purpose of this Subsection K, cellars, decks, attached garages and any habitable area shall be included in the calculation of floor area. Preconstmction fee. If any land clearing or excavation or building or commencement of any construction activity is without the benefit of applicable Town permits, all fees associated with any land clearing or excavation or building or construction activity will be equal to double the otherwise applicable fee for all permits as provided by this chapter. Notwithstanding the foregoing, no fee shall be required of or paid by taxing entities or districts, including but not limited to fire districts, school districts, park districts and the like. In the event that a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee paid within one year of issuance, provided that no construction has commenced. 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. I have notice that it was posted on the Town Clerk's bulletin board on December 15, 2010, notice that it was posted on January 6, 2011. There is a letter from Martin Sidor, chairman of the Southold Town Planning Board 'Local Law in relation to Chapter 280, in connections with ZBA application fees and chapter 144, Fire prevention and Building Code administration in connection with deer exclusion fences permit fees. Thank you for the opportunity to provide comments for the proposed local law referenced above. The Planning Board has reviewed the January 18, 2011 Page 45 Southold Town Board Meeting Minutes proposed legislation and offers no comments.' I have a notice fi.om the Suffolk Department of Pla~ing, 'Pursuant to the requirements of sections A 14-14 thru A 14-25 of the Suffolk County administrative code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as t here is no apparent significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval.' And fi.om LWRP coordinator Mark Terry, 'The proposed local law has been reviewed to Chapter 268, Waterfront Consistency review of the Town of Southold town code and the local waterfront revitalization program policy standards. Based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is consistent with the LWRP policy standards and therefore is consistent with the LWRP. Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action.' And that is it. Supervisor Russell SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular local law? Leslie Weisman, Chairperson, ZBA LESLIE WEISMAN, CHAIRPERSON ZONING BOARD OF APPEALS: Inaudible. I just wanted to make a couple of very quick points that I know the Board is already aware of. Number one, fees that are being charged for any application to the Zoning Board have not been raised fi.om the last time was 1992, sorry, 1995. There were some in 1992 and some in 1995. So that is 16 to 19 years ago. So this is not exactly precipitous proposal. Secondly, the proposal has the full support and endorsement of every member of the Zoning Board of Appeals. The proposed fees that are in this resolution are commensurate with fees that are charged in other municipalities. They are comparable to Brookhaven, Southampton, East Hampton and I would just like the public to be aware of the fact that any application, no matter how large or how small that comes before the ZBA, is reviewed by no less than nine individuals. Five Board members, three staffand an Assistant Town Attomey. There are almost always other agencies that are involved in this review process. It is very labor intensive; every application receives an inspection of the site by five Board members. So I believe fully that the public is well served by the action of this Town and that the fees are very appropriate and in fact, a good bargain even at these proposed prices. So I would urge the Town Board to support this resolution and approve the increase in fees. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Thank you, Leslie. Would anyone else like to address the Board on this? (No response) Closing Statements Supervisor Russell SUPERVISOR RUSSELL: That concludes the business of the Town. Would anybody like to come up and address the Town Board on any issue? January 18, 2011 Page 46 Southold Town Board Meeting Minutes Councilman Albert J. Krupski, Jr. COUNCILMAN KRUPSKI: I wanted to mention one thing that we had discussion today at thc work session and that was obstacles placed in the town right of way, presumably to keep the Town and State and County snow plows offpeople's lawns and we had the discussion about how dangerous it was that people put permanent stakes in along the edge of the pavement, that people on bicycles, people walking, people driving could easily slide off the road and hit one of these stakes and become injured and that you shouldn't put anything that permanent in because it is Town or County or State land and you should put something temporary that could run over easily and not damage an individual. Supervisor Russell SUPERVISOR RUSSELL: Also I, it is a good time to remind the public that the comprehensive master plan is underway. The economic chapter has just been released publicly, there is a link on it on our website if anyone is interested in some light reading. We are having our first public informational meeting on it, Saturday at 10:00 AM in East Marion at the fire house. We have scheduled a second public hearing at the Peconic Rec center, that would be January 31 at 7:00 PM. Okay?. Anything else? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:03 P.M. Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Scott Russell, Supervisor SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell