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HomeMy WebLinkAboutTB-03/13/2012ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Ilall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (63l) 765-6145 Telephone: (631) 765 - 1800 southoldtown.north fork.net OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES March 13, 2012 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, March 13, 2012 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 PM Meeting called to order on March 13, 2012 at Meeting Hall, 53095 Route 25, Southoid, NY. I. Reports 1. Department of Public Works Monthly Report 2. Judge Bruer Monthly Report 3. Program for the Disabled 4. Recreation Department Monthly Report 5. Justice Louisa P. Evans 6. Justice William H. Price Jr. 7. Zoning Board of Appeals 8. Building Department 9. Town Clerk 10. Island Group Employee Health Care Plan 11. Zoning Inspector 12. Special Projects Coordinator 13. Board of Town Trustees II. Public Notices 1. NYS Liquor License Renewals 2. Army Corp of Engineers Notice of Application 3. Request for Written Comments on Proposed Shellfish Aquaculture Lease Sites IlL Communications IV. Discussion 1. 9:00 A.M. - John Cushman 2. 9:30 A.M. - Kevin McAllister, Pio Lombardo 3. 10:00 A.M. - Arnold Blair 4. 10:15 A.M. - Jim Lessard 5. 10:30 Town Code Requirements to Use Yellow Bags March 13, 2012 Page 2 Southold Town Board Meeting Minutes 6. 10:45 A.M. - Jim King, Mark Terry 7. 11:00 A.M. - Mark Terry, Jamie Richter 8. Jamie Richter 9. Dredging Committee 10. Shellfish Advisory Committee Appointments 11. Bright Power, Inc. 12. 11:30 A.M. - John Betsch 13. LL/Site Plan Amendments 14. LL/Amendments to Chapter 205 15. LL/Amendments to Chapter 237/Utility Poles 16. EXECUTIVE SESSION- Labor 17. EXECUTIVE SESSION- Litigation Special Presentation Suffolk County Dept of Public Works SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. Thank you. Befbre we get to the regular business of the meeting, we want to make a presentation tonight. As many of you know, we just completed our dredge window opportunities. Trustee Dave Bergen had sent a letter to County Executive Steve Bellone complimenting the work of the dredge crew who work incredibly long hours in incredibly cold and bitter weather to make sure that out creeks stay dredged. 1 want to present proclamations on behalf of County Executive Bellone tonight. I know we have some of the members here, we have Wayne and we have, why don't you guys come up and i will come down and read the names. People couldn't make it tonight but I want to make sure they get recognized. This says Suf~blk County Executive Steven Bellone presents this certificate of appreciation to Wayne Miller, chief engine operator Suflblk County Department of Public Works (inaudible) in recognition of outstanding dedication and support in the completion of dredging this season in seven locations in the Town of Southold.' Wayne, thank you for everything (inaudible). And I want to present one to Ray, "Suffblk County Steven Bellone presents this certificate of appreciation for Ray Jacobs, dredge captain Suffblk County Department of Public Works, (inaudible) again in recognition of outstanding dedication and support in the completion of dredging this season in seven locations in thc Town of Southold." Let mc just read the rest of the names of the gentlemen who couldn't be here tonight, we have John (inaudible), Scott Hilary, we have many town residents, that is great. Wc appreciate the attention (inaudible), Victoria McGrath, Robert Wheeler, Inaudible and Pat (inaudible). COUNCILMAN KRUPSKI: And we hope to see you guys back in what, September? Openin~ Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: Thank you very much. You guys did a great job. Would anybody like to comment on any of the agenda items at this time? (No response). March 13, 2012 Southold Town Board Meeting Minutes Page 3 V. Resolutions 2012-215 CA TEGOR Y: Audit DEPARTMENT: Town Clerk Approve Audi! 3/13/12 RESOLVED that thc Town Board of the Town of Southold hereby approves the audit dated March 13~ 2012. Vote Record - Resolution RESq2012-215 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Wilhdtawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax RcceivcFs Appl Albcrl Kmpski Jr Voter [] [] [] [] [] Rescinded Louisa P Evans Initiator [] [] [] [] [3 Town Clerk's Appt Scott Russell Voter [] [] [] [] [] SuN Hgwys Appt [] No Action 2012-216 CA TEGOR Y: DEPARTMENT: Set Meeting Town Clerk Set Next Meeting 3/27/12 4:30 RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held~ Tuesday~ March 27~ 2012 at the Southold Town HalL Southold~ New York at 4:30 P. M.. Vote Record - Resolution RES-2012-216 [] Adopted Adopted as Amended Del~'atcd Tabled [] Withdrawn [] Super viso~'s Appt [] Tax Rccelvc~s Appt [] Rescinded [] Town Clmk's Appt [] Supt Hgwys Appt [] No Action William Ruland Voter [] [] [] [] Clu istopbcr Talbot Secondm [] [] [] [] 2012-179 ?abled 2/14/2012 7.'30 PM, 2/28/2012 4.'30 ?M CATEGORY: Enact Local [.aw DEPARTMENT: Town Clerk Withdraw #1 Emmet LL Site Plcm Amendments' March 13, 2012 Page 4 Southold Town Board Mccting Minutes THIS RESOLUTION TO BE WITHDRAWN WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 17th day of January, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning~ in connection with Site Plan Approval" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor bc 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 Site Plan Approval" reads as follows: LOCAL LAW NO. of 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning~ in connection with Site Plan Approval". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To provide tbr the health, safety and welfare of the citizens of the Town of Southold, it is necessary to make certain amendments to Article XXIV "Site Plan Approval" of Chapter 280. These amendments are intended to codify and clarify existing policies, site plan objectives and approval requirements and procedures. 1I. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-127. Applicability. This article shall apply to every land use that is permitted in the Town of Southold except the single-family home use on a single and separate lot as set forth in Article 111, § 280-13A(1), and customary nonagricultural accessory uses to a single-family residential home use as stated in the Town Code. Any change in use or intensity of use which will affect the characteristics of the site in terms of parking, loading, access, drainage, open space or utilities will require site plan approval. In all cases where this chapter requires approval of site devetopmem- plans by the Planning Board, no building permit shall be issued by the Building Inspector except upon authorization of and in conformity with the site plan approval by the Planning Board and all other public agencies involved. §280-128. Findings of fact; purpose. A. The Town Board wishes to protect the unique rural and open space character of the Town and hereby finds tbat development within the Town, exclusive of the Incorporated March 13, 2012 Southold Town Board Meeting Minutes Page 5 Village of Greenport, should proceed along the lines of good order and with due regard to the public interest, including but not limited to the ]tbllowing: exterior design of new or renovated structures and portions thereof; the construction and location of parking areas, whether or not accompanied by new building construction; changes in the use of existing structures; the use of open land; and that the proposed site use would impact beneficially on the well-being of the population in general, increase the Town's tax base and facilitate the local economy. It is the purpose of this article to encourage good design and to: (1) Protect the established character and value of the adjoining properties, both public and private, and of the neighborhood in which they are located. (2) Lessen and, where possible, prevent traffic congestion on the streets and highways upon which the site fronts or which provide vehicular or pedestrian access thereto. (3) Prevent overcrowding of land or buildings. (4) Secure safety from fire, flood and other dangers and provide adequate light, air and convenience of access. (5) Mitigate the environmental impacts of new development on the land, air and water resources. §280-129. Objectives. In considering and acting upon site deve!epment plans, the Planning Board shall take into consideration the public health, safety and weir'are, the economic impact and the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular and may prescribe appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectivcs in particular: A. Traffic access: that all proposed traffic accessways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; are located in proper relationship to intersections, pedestrian crossings and other places of public assembly; and, further, are in confbnnancc with overall traffic safety considerations. Other public agencies may require further improvements above and beyond the Town's requirements. Roadway improvements not directly in front of the site may be necessary and required, based on overall traffic circulation and signalization of adjacent access points and streets. B. Interior circulation and parking: that adequate off-strect parking and loading spaces are provided to satisfy the parking needs of the proposed uses on site and that the interior circulation system is so designed to provide convenient access to such spaces consistent with pedestrian safety, and, further, that loading areas shall not impede the flow of interior pedestrian and vehicular traffic and that tbr certain uses, adequate interior roadways are provided to confine operations to the site. Handicap accessibility shall be provided and placed at the nearest point to the proposed structure. C. Landscaping and screening: that all parking, service and similar areas are screened at all seasons of the year from view of adjacent residential districts and streets and that the landscaping of the site complements the intended use. Existing trees of at least six inches or more in diameter mcasured three feet above the base of the trunk shall be retained to the maxi~num extent possible. March 13, 2012 Southold Town Board Meeting Minutes Page 6 Natural features: that high priority shall be given to: (1) The conservation of all natural features on and adjacent to the site, including but not limited to natural drainage-courses, fresh- and saltwater wetlands and marshes, dunes, bluffs, beaches, escarpments, woodlands, large trees, unique plant and wildlife habitats, flood hazard areas and wildlife breeding areas. (2) The protection of ground- and surface water f?om contamination by pollutants. (3) The protection of air quality. Pavement: that all other paved areas intended for use by pedestrians and vehicles shall make use of an aesthetically pleasing and sate combination of pavements and plant materials which would serve to encourage their use by pedestrians and vehicles. Lighting: that all outdoor lighting shall be of such a nature and so arranged as to minimize the projection of direct light and glare onto adjoining properties and streets. Outdoor lighting shall be compatible with the intended use and also the zoning district, particularly in or adjacent to residential zones. Public address intercom or sound systems: that any sound or public-address system shall be located to minimize sound to adjoining properties or on the adjacent street. Grading and drainage: that all site developments shall respect existing grades on site and on adjoining sites to avoid unnecessary excavation or filling and that all stormwater runoff generated on site will be retained on site in an environmentally acceptable manner. All grading and drainage plans must meet with the requirements of the Town Engineer and/or Superintendent of Highways. Public utilities: that plans fbr water supply and sewage disposal, cable, telephone, electricity, gas, etc., shall be considered and included in this section and shall conform to such public requirements and standards as may exist. Existing development and Comprehensive Development Plan: that the development proposed is at a scale consistent with existing development and with the Comprehensive Development Plan of the Town of Southold. Architectural features: that the natural features of the site and surroundings, exterior design and appearances of existing adjacent structures and the character of the district are evaluated in accordance with the architectural standards set forth in this chapter. [Amended 5-15-1995 by L.L. No. 7-1995] Handicapped access: that the site plan and building design shall accommodate the needs of the handicapped and be in conformance with the applicable state and local standards concerning the same. ARTICLE XXIV~ Site Plan Approval §280-130. Approval of site plan required. A. After the filing of an application for a building permit, the Building Inspector shall make a determination as to whether a site plan or an amendment thereto is required, and this written determination shall be forwarded to the Planning Department for comment. The Planning Department must provide written comments on this determination to the Building Inspector within five business days, or be deemed to have waived the opportunity to comment. After revie;v of comments, or after the time period fbr comment has elapsed, the Building Inspector shall issue a filial determination to the applicant, March 13, 2012 Southoht Town Board Meeting Minutes Page 7 which shall in no event be more than I5 business days fi-om the filing of the application. Such determination shall also include a written decision as to whether the proposed use is permitted and whether a special exception is required from the Zoning Board of Appeals. No building permit shall be issued for any structure or building fbr which use a site plan is required pursuant to this chapter, until, if required, an approved site ~ plan or approved amendment of any such plan has been secured by the applicant from the Planning Board and presented to the Building Inspector, along with all necessary approvals and permits as may be required by other public agencies. ]Amended 5-15-1995 by L.L. No. 8-1995; 3-9-2004 by L.L. No. 8-2004; 12-14-2004 by L.L. No. 25-2004] dig 1 fi 1 th k' ' No regra n , cea ng, tree remova or any o er wor,_ ......... ~ ....~-r..~ ........... e~ ~, except limited clearing needed to undertake su~ey work or soils investigations, may take place ~" k ..... ;,.~..~ ,~ ,0~ ..~.~ ' .... v .................. v ....until the site plan has been approved by the Planning Board or the Planning Board authorizes such work in writing. No ce~ificate of occupancy shall be issued for any building, structure, premises, lot or use of land covered by this aaicle unless the structure has been completed (whether the structure is being constructed, renovated, reconstructed, altered, moved or put into use), and the site is developed in accordance with an approved site ~ plan or approved amendment of any such plan. Upon request of the owner or his authorized agent fbr a ceaificate of occupancy, the Building Inspector shall issue the certificate, provided that said Building Inspector, along with the Planning Board, shall find that such building or structure and site is in coni~ity with the approvcd site plan. After a ccaificate of occupancy is issued, there shall be no exterior alterations of a building that expand the footprint or any revisions of the site or changes of use without first obtaining Planning Board approval. Failure to obtain site plan approval shall be a violation of this article and shall be subject to such penalties as are set fotlh in ~ 280-155 of this chapter. [Amended 6-7-2005 by L.L. No. 8-2005] Failure to comply with a tenn or condition of an approved site plan shall be a violation of this article and shall be subject to such pcnalties as are set fb~h in ~ 280-155 of this chapter. The Planning Board shall retain iuhsdiction and shall have the right, after a public heating, to modify, suspend or revoke such approval or any te~ or condition thereof or to impose thereon one or more nexv conditions, based upon one of the fbllowing ~wounds: (1) False statements or mistake of material fhct: materially false or inaccuratc statements in the application, supporting papers or supporting testimony or ignorance or misunderstanding of a material tact by the Planning Board, which tact, had it been known to the Board at the time of its review, would have resulted in a denial of the approval sought. (2) Non-compliance xvith the terms and conditions of such approval: failure of the applicant-permittee to comply with any conditions or terms of approval. (3) Activity beyond such approval: exceeding the scope of the activity, use or project as the same was described in the application. Any use that has received site plan approval b¥ the Planning Board shall not be commenced unless the Planning Board issues a written certification that all terms and March 13, 2012 Page 8 Southold Town Board Meeting Minutes conditions set tbrth in the site plan approval have been met. Failure to comply with a term or condition of site plan approval prior to commencement of the approved use shall be a violation of this article and shall be subicct to such penalties as are set fbrth in §280- 155 of this chapter unless the Planning Board expressly states an alternative period of time tbr compliance within the site plan approval. Upon recommendation of the Planning Board and approval of the Town Attorney, the Building Inspector may revoke an existing certificate of occupancy upon a showing that the subject premises is being occupied or used in violation of an approved site plan and may direct that such occupancy or use be discontinued. The Town Attorney is authorized to commence proceedings in a court of appropriate jurisdiction to restrain said use or occupancy. [Amended 6-7-2005 by L.L. No. 8-2005] §280-131. Review procedure. A. Presubmission cooference. Prior to the submission of a site devc!,vpment plan, the applicant or his agent shall meet with the Planning Board or its representative. The purpose of such conference shall be to discuss proposed uses or development plan elements that shall be submitted to the Planning Board in order for said Board to determine contbrmity with the provisions and intent of this article. Said meeting shall take place within 30 calendar days from the date of written request theretbr. B. Site dcvc!cpment plan. Nine copies of the site development plan application aod any related inl[bnnation as defined during the presubmission conference shall be submitted to the Planning Board within fbur months of the presubmission conference. If a site dc;'c!cpmcnt plan application is not submitted within four months following a presubmission conference, another conference may be required by the Planning Board. (1) Withio 10 business days of receipt of the application, the Planning Board shall determine whether to accept, reject or request revision of the application. (2) If the Planning Board determines said application to be acceptable but in need of revision, it shall notify the applicant, in writing, wherein said application is deficient within 30 calendar days. (3) Within the thirty-calendar-day period from receipt of the application, the following shall also take place: thc site plan reviewer (or other delegate of the Planning Board) shall hold a joint meeting with a representative of the Building Department authorized to review building plans, for the purpose of making a joint recommendation as to whether the site plan application complies with all applicable zoning regulations or whether any variances are required from the Zoning Board of Appeals; that recommendation shall be fbrwarded to the Building Inspector, who shall either endorse or revise that recommendation; and in the event the Building Inspcctor's zoning determination indicates that a variance is required, the site plan reviewer (or other delegate of the Planniog Board) shall so infbrm the applicant; and in thc event the applicant wishes to proceed with the application as submitted, the Building Inspector shall issue a notice of disapproval at that time. This proccdure shall also apply to aoy amendments to the site plan application. (4) In thc case ora variance or special exception application requiring site plan approval, thc site development plan application shall be subjected to preliminary March 13, 2012 Page 9 Southold Town Board Meeting Minutes review and writtcn comments by thc Planning Board within 60 days of such request by the Board of Appeals. (a) In no case may the Planning Board grant site plan approval prior to the issuance ora special exception by the Zoning Board of Appeals, if such is required. (b) Before the Planning Board can approve any application for the amendment of a use or structure for which a special exception was granted, the applicant must obtain permission from the Zoning Board of Appeals to expand or otherwise alter or change either the use or the structure. (5) The Planning Board may vary or waive parking requirements, provided that such change will not havc a detrimental effect on the public health, safety or general welfare and will not have the effect of nullifying the intent and provision of this chapter. (a) Thc Planning Board may allow or rcquire landscaping to be installcd in place of specified parking spaces. (b) On any site tbr which the Planning Board grants approval fbr less than the required number of spaces fbr that use, the Planning Board shall have the right to review the parking requirements again if a change of usc is proposed. (6) Review of a new site plan tbr a lot on which an approved site plan already exists shall not proceed until the approved plan is withdrawn by the applicant. When the Planning Board determines said application to be acceptable, it shall, within 10 busincss days of such determination, distribute said application and documentation to the Town, county and state agencics having jurisdiction, tbr their comment. Such refen'al shall include a referral to the Architectural Review Committee. The Architectural Review Committee shall ma,/make a written recommendation to the Planning Board on the site plan within 10 business days of receipt of the referral. If the Committee fails to make a recommendation within this time period, the project shall proceed to the Planning Board for consideration without Committee review. Notwithstanding the foregoing, applications involving only structures requiring review by the Historic Preservation Commission for a certificate of appropriateness under Chapter 170, Historic Landmark Preservation Law, of this Code shall not also be referred to the Architectural Review Committee fbr review. [Amended 2-13-2007 by L.L. No. 6-2007] Upon receipt and review of written comments from each of the agencies to which the proposed site plan was distributed, the Planning Board shall, within a reasonable period of time, not to exceed 30 days, determine whether to require revisions to the proposed plan. No decision on the application shall be made until the State Environmental Quality Review ActEN process is completed. Aftcr the Planning Board has determined that the proposed site plan is suitable approval, it shall: (1) Forward the plan to thc Building Inspector for final review and certification. (2) Forward thc plan to the Fire Commissioner of the fire district within which the site is located fbr a determination as to whether a fire well is needed and, if so, its location. March 13, 2012 Southold Town Board Meeting Minutes Page 10 (3) Notify the applicant, in writing, to make an application tbr the appropriate curb cut permits. (4) Submit the proposed site plan to the Suffolk County Planning Commission in accordance with the provision of the Suflblk County Charter, if necessm'y. Upon receipt of the Building Inspector's certification, the Fire Commissioner's response, the curb cut permits and the comments of the Suffolk County Planning Commission, the Planning Board shall place the site plan on the agenda of the next regularly scheduled public meeting. The Planning Board shall hold a public hearing to consider the application. Notice shall be provided pursuant to Chapter 55, Notice of Public Hearings. Notwithstanding this requirement, with respect to applications involving modifications to existing structures with no substantial changc to the existing footprint, where the Planning Board detemfines that such modifications or any change in use will not require significant changes to existing major site design features, as well as applications involving uses strictly related to agriculture (but excepting retail winery operations), the Planning Board shall have the discretion to waive the public hearing requirement and may act on such application by filed resolution at a duly noticed public meeting. Prior to the Planning Board's endorsement of the site plan, the applicant must sign a statement placed on the site plan indicating his/her knowledge and acceptance of the conditions of approval. Amendments to an existing site plan may be acted upon in the same manner as a new site plan. Guaranty of Perfbrmance (1) Public hnprovements: A guaranty of pertbrmance may be required for all public improvements as part of the conditions of approval. If a guaranty of pertbrmance is required, the provisions of Article IX, Bonds and Other Security, shall apply. (2) Other on-site improvements including, but not limited to, securing the property, buffers, landscaping and/or screening: A guaranty ofperfbrmance may be required for on-site improvements as part of the conditions of approval under the following circumstances: (a) where the application involves a commercial property that abuts or is across any public or private street t?om a residential property. (b) where the application involves a change or intensification of use that may have potential impacts on adiacent property owners. (3) Default: In the event that the applicant/hils to comply with the provisions of this section, and complete the required improvements, the Town Board may thereupon declare the said guaranty of perfbnnance (i.e., performance bond, letter of credit, or other equivalent security) in default and collect thc sum remaining payable thereunder; and upon the receipt thereof; the Town shall install such improvements as are covered by such security and as commensurate with the extent of building development that has taken place on the property. Where the cost of the improvements exceeds the forfeited security, the additional cost, March 13, 2012 Page 11 Southold Town Board Meeting Minutes including, but not limited to, any legal tees incurred, shall be and constitute a lien upon the land upon which the improvements are to be made and shall be included in the levy against such property. Within 10 days of final approval, a copy of the endorsed site plan shall be sent to: (1) The Building Department. (2) The Town Engineer. (3) The Town Trustees, when applicable. (4) The Highway Department. (5) The Zoning Board of Appeals, when applicable. The Planning Board shall have the right to deny the proposed site plan tbr lack of compliance with the provisions of the Town Code, The Planning Board shall notify the applicant, in writing, within 10 days of such determination, of the reasons for such denial. §280-132. Duration of plan. of ......~ .... 18 months A. An approved site developmem{ plan shall be valid ]tbra period ";' ......... from the date of approval. All work proposed on the plan shall be completed within three )'ear:; 18 months from the date of approval unless a longer period was approved or the applicant obtains an extension from the Planning Board. However, all terms and conditions of any approved site plan or approved amendment are immediately enfbrceable and compliance is required prior to the commencement of the approved use, unless the Planning Board exprcssly states an alternative period of time fbr compliance within the site plan approval. B. All site plans which have received final approval prior to the enactment of this article shall remain valid for a period of three years from the date of such enactment. This period will begin when all govcmmental approvals have been obtained. IlL SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the j udgnnent shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2012-179 [] Adopted [] Adopted as Amended [] Del~atcd Yes/Aye No/Nay Abstain Absent [] 'fabled William Ruland Seconder [] [] [] [] [] Withch'awn Christopher Talbot Voter [] [] [] [] [] Supcrvisoffs Appt Jill Dobel~y lnitiatoi [] [] [] [] [] rax Rcccivcr's Appt Albert Krupski J~ Voter [] [] [] [] [] Rescinded [ ouisa P. Evans Voter [] [] [] [] [] Fown Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action March 1_,, ~012 Southold Town Board Meeting Minutes Page 12 2012-180 Tabled 2/14/2012 7.'30 PM, 2/28/2012 4.'30 PM CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL# Properly Maintenance WHEREAS there has been presented to the Town Board of the Town of Southold, Suflblk County, New York, on the 17th day of January, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 100, Buildings~ Unsafe~ in connection with Unsafe Buildings, Premises and Property Maintenance Law of the Town of Southold" and WHEREAS the Town Board of the Town of Southold held a public hearing on the afbrcsaid Local Law at which time all interestcd pcrsons will be given an opportunity to be heard, now theretbr 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 100~ Buildings~ Unsafe~ in connection with Unsafe Buildings, Premises and Property Maintenance Law of the Town of Southold" reads as follows: LOCAL LAW NO. of 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 100, Buildings, Unsafe~ in connection with Unsafe Buildings~ Premises and Property Maintenance Law of the Town of Southold". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 100 of the Code of the Town of Southold is hereby amended as tbllows: §100-1. Title. This chapter shall be known as the "Unsafe Buildings, Premiscs and C~ Property Maintenance Law of the To~vn of Southold." §100-2. Purpose. The purpose of this chapter is to promote th ~..~,~;~ ~,~ ~, .... ,~ ....... ~ .... ~,~ .... c,~,~ .................................. conservation o rope an roper values and character of the community by addressing the cumulative impacts of property neglect. Fu~her, this law will eliminate safety and health hazards, unsightly conditions, environmental public nuisances, dangerous obstruction to emergency vehicle access, the erosions of prope~v values and the erosion of the quality of litE by all residents in broad proximity of the neglected prope~v(s), and ............... s ..... ~, ......... ~, ........... Definitions. Unless otherwise expressly stated, thc Ibllowing tcnns shall, for thc purpose of this Chapter, March 13, 2012 Southold Town Board Meeting Minutes Pagc 13 have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webstcr's Third New international Dictionary of the English Language, unabridged (or latest edition). EXTERIOR PROPERTY - The open space on the premises and on adjoining property under the control of owners or operators of such premises. GARBAGE - Putrescible animal and vegetable wastes resulting fi*om the handling, preparation, cooking and consumption of fbod. JUNKED VEHICLE - Any vehicle, including a trailer, which is without a currently valid license plate or plates and is in such a rested, wrecked, discarded, dismantled, partly dismantled, inoperative or abandoned condition as to be no longer intended or in condition fbr legal use on the public highways. LAND - The term "iand" and ~'property" shall have the same ~ncaning as "premises'~ as defined herein. LITTER - Garbage, refuse and rubbish and all other waste material which, if thrown or deposited upon the ground, tends to create a danger to public health, safety and welfare or tends to create blight. OCCUPANT - Any individual or person occupying a premises or building, or having possession of a premises or building. OWNER - Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title or deed to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estatc of such person if ordered to take possession of real property by a court. PERSON - An individual, association, fin~, syndicate, company, trust, corporation, department, bureau or agency or any other entity recognized by law as the subiect of rights and duties. PREMISES - A lot, plot or parcel of land, easement or public way, including any structures thereon. RUBBISH - Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as, but not limited to, paper wrappings, cardboard, tin cans, wood, glass, bedding, and crockery. §100-3 4 Ungafc ~...:~a: ..... a .... : ...... h:~.:+~a Standards. A. Property Maintenance. 1. Surface and subsurface ~vater shall be adequately drained to protect buildings and structures, to prevent damage to adiacent property and to prevent the development of stagnant ponds. Swimming pools, spas, hot tubs and other similar structures erected for recreational use shall be maintained so as to avoid the stagnation of the water therein. 2. Landscaping shall be adequately tnaintained so that lawns, hedges, bushes, weeds and trecs do not become overgrown and unsightly so as to constitute an unsafe condition or blight. At no time shall landscaping, hedges, bushes, weeds or trees create an impediment to emergency and/or fire rescue vehicle access. 3. Garbage, crates, rubbish, refuse or debris shall be kept inside building or buildings on the premiscs, or in an acceptable enclosed container, and shall be March 13, 2012 Page 14 Southold Town Board Meeting Minutes regularly collected and removed from the premises. 4. Open wells, cesspools or cisterns shall be securely closed or barricaded to prevent access by the public. 5. Junked or unregistered vehicles may not be located or stored in open view, but shall be stored in a suitable location inside a building or behind a fence outside of public view. 6. Exterior ihcades shall at all times be kept free of graffiti or other defacement. Unsafe buildings. All buildings or structures which are structurally unsafe, dangerous, unsanitary or not provided with adequate egress or which in relation to existing use constitute a hazard to safety or health by reason of inadcquate maintenance, dilapidation, obsolescence or abandonment are, severally, for thc purpose of this chapter, unsafe buildings. All such buildings and structures are hereby declarcd to be illegal and are prohibited and shall be abated by rcpair and rehabilitation or by demolition and removal in accordance with the procedures of this chapter. Unsafe premises. All premises which are unsafe or dangerous, which suffer from inadequate maintenance or neglect or which do not permit or provide fbr adequate access by emergency and/or fire rescue vehicles are, tbr the purpose of this chapter, unsafe premises. All such premises are hereby declared to be illegal, are prohibited and shall be abated by repair and rehabilitation in accordance with the procedures of this chapter. §100-4-5. Inspection and report. A. Unsafe building. When, in the opinion of the Building Inspector, any structure located in thc Town shall be deemed to be unsafe or dangerous to the public, he shall make a fbrmal inspection thereof and thereafter prepare a written report thereof and file the same in his or'ce. B. Unsafc premises. When, either on the Building Inspector's own volition or after receiving a written recommendation from thc Commissioners of any Fire Department or Fire District or from the Village of Greenport Fire Wardens or Village Trustees located in the Town that any premises is unsafe in that it does not permit or provide for adequate access by emergency and/or fire rescue vehicles as required by §280-109(C), in which recommendation the Building Inspector concurs, the Building Inspector shall make a formal inspection thereof and thereafter prepare a written report thereof and file the same in his office. §100-5_6. Service of notice. A. When it shall be determined by the Building Inspector that a building, premises or structure is dangerous or unsafe to the public, or is in violation of any one or more of the provisions under § 100-4(A), he shall promptly serve or cause to be served a notice on the owner or other persons having an interest in such premises, building or structure as hereinafter provided. B. The aforementioned notice shall be served on the owner of the building, structure or premises or some one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the last completed assessment roll of the Town, either personally or by registered mail, addressed March 13, 2012 Page 15 Southold Town Board Meeting Minutes to the person intended to be served at the last known place of business. If the notice is served by registered mail, the Building Inspector shall cause a copy of such notice to be posted on the premises. {}100-6 7. Contents of notice. The notice referred to in §100-5 ~ hereof shall contain the t'ollowing: A. A description of the premises. B. A statement of the particulars in which the premises, building or structure is unsafe or dangerous or is in violation of any one or more of thc provisions under § 100-4{A). C. An order requiring the premises, building or structure to be lnade safe and secure or rcmoved, or if there is a violation of §I00-4A, an order to remedy. D. A statement that the securing or removal of the building or structure or the rehabilitation of the premises shall commence within l0 days from thc date of the service of the notice and shall be completed withio 30 days thereafter. Ifa violation of any one or more of the provisions under §100-4 A are cited, a statement that remediation of the violation must be completed within 10 days from the date of service of the notice. The Building Inspector may extend the time of compliance specificd in the notice, where there is evidence of intent to comply within the timc specified and conditions exist which prevent immediate compliance. In granting any such extension of time, the Building Inspector may impose such conditions as he may deem appropriate. E. A statement that, in the event of the neglect or refusal of the person served with notice to comply with the same, a hearing will be hcld before the Southold Town Board, notice of which and the time and placc thereof to be specified in the notice to thc owner referred to in §100-5 _6 hercof: No hearing is required if the only violation alleged is pursuant to § 100-4(A). F. A statement that, in the event that the Town Board, after the hearing specified in § 100-~ ?(E) hereof~ shall determine that the premises, building or structure is unsafe or dangerous to the public~ the Town Board may order lhe building or structure to be repaired, made safe and/or secured or taken down and removed. In the case of an unsafe premises~ the Town Board may order the premises rehabilitated and made sate. G. A statement that~ in the event that the premises~ building or structure sh~ll be determined by the Town to be unsafe or d~ngerous and in the event of the neglect or refusal of the owner to make safe, repair or remove the same within the time provided, the Town may remove such building or structure or make safe the premises by whatever means it deems appropriate and assess all costs and expenses incurred by the Town in connection with the proceedings to remove or secure, including the cost of actually removing said building or structure, against the land on which said buildings or structures are located. §100-~ 8. Filing a copy of notice. A copy of the notice referred to in § 100-6 _7 hereof may be filed with the County Clerk of the county within which such premises, building or structure is located, which notice shall be filed by such Clerk in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules and shall have thc same effect as a notice of pendency as therein provided, except as otherwise hereinafter provided in this section. A notice so filed shall be effective for a period of one year from the date of filing; providcd, however, that it may be March 13, 2012 Page 16 Southold Town Board Meeting Minutes vacated upon the order of a Judge or Justice of a court of record or upon the consent of the Town Attorney. The clerk of thc county where such notice is filed shall mark such notice and any record or docket thereof as canceled of record, upon the presentation and filing of such consent or ora certified copy of such order. §100-8 9. Emergency measures to vacate. If the Building Inspector determines in his inspection of any premises, building or structure that there is actual and immediate danger of failure or collapse so as to endanger life, he shall promptly require the premises, building, structure or portion thereof to be vacated forthwith and not to be reoccupied until the specified repairs are completed, inspected and approved by the Building Inspector. For this purpose, he may enter such premises, building or structure, or land on which it stands or adjoining land or structures with such assistance and at such cost as may be necessary. He may also order adjacent structures to be vacated and protect the public by appropriate barricades or such other means as may be necessary and fbr this purpose may close a private or public right-of-way. The Building Inspector shall cause to be posted at each entrance to such premises, building or structure a notice stating, "This building (or premises, if applicable) is unsafe and its use or occupancy has bcen prohibited by the Building Inspector." Such notice shall remain posted until the required rehabilitation, repairs are made or demolition is completed. It shall be unlawful tbr any person, firm or corporation or their agents or other persons to remove such notice without written permission of the Building Inspector or for any person to enter the building except for thc purpose of making the required repairs or the demolition thereof} §100-¢10. Costs and expenses. All costs and expenses incurred by the Town of Southold in connection with any proceeding or any work done to remove the danger or in connection with the demolition and removal of any such building or structure, or an,/work done to abate an,/violation of provisions under § 100- 4(A) of this chapter shall be assessed against the land on which such building or structure is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to t-breclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner thereof, with the assessors who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. §I00-t4~ 11. Penalties for offenses. A. An,/person who violates a provision under § 100-4(A) of this chapter shall be guilty of a violation punishable by a tine not to exceed $2,500. A~B~ Any person who neglects, ret'uses or fails to comply with any order or notice issued March 13, 2012 Page 17 Southold Town Board Meeting Minutes B..C~. hereunder shall be guilty ora violation punishable by a fine not to exceed $5,000 or by imprisonment for a term not to exceed 15 days, or both such fine and imprisonment. Each week's continued violation shall constitute a separate and additional offense. In addition to the criminal violation, the Town Attorney is authorized to pursue any and all actions in law or equity, including but not limited to actions for compensatory damages, civil penalties, or injunctive relief~ Strict liability. Personal knowledge of the existence of a violation under this chapter is not required, no mens rea (intent) is required, and any violation charged herein shall be one of strict liability. §100-44 12. SeverabiliW. 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. §100-1g 1._~3. When effective. This chapter shall take effect immediately upon filing with the Secretary of State as provided by Vote Record - Resolution RES-2012-180 [~ Adopted [] Adopted as Amended [] Dcf~atctl Yes/Aye No/Nay Abstain Absen! [] Tabled William Ruland Initiator ~ ~ ~ ~ Comments regarding resolution 180 COUNCILMAN TALBOT: 1 vote no and not because I disagree with the reason for the law, I had just hoped that we could attach the abatement end of this to the existing code that we already have with the property maintenance code of New York State. 1 appreciate the work that the Supervisor has done on this, but I will vote no because I wanted to attach the whole thing to property maintenance code of New York State. So I vote no. 2012-217 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agree~nents Accounting ,4 uthorize Amemlment to NYCLASS Munic'~;al Cooperation Agreeme~t RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott Russell to execute any documents related to amending the Cooperative March 13, 2012 ?age 18 Southold Town Board Meeting Minutes Liquid Asset Securities System Municipal Cooperation Agreement Amendment dated as of April 23~ 2012 to the Cooperative Liquid Asset Securities System Municipal Cooperation Agreement as Amended and restated as of October 20~ 1999, so that it shall then be by and between the Village of Potsdam and the Participants~ including the Town of Southold. Vote Record -Resolution RES-2012-217 [] Adopted [3 Adopted as Atncnded [~ Defeated Yes/Aye No/Nay Abstain Absc~t [] Tabled Williatn Ruland Seconde~ [] [] [] [] [] Witbdmwn Cbristopber Talbot Vote~ [] [] [] [] [] Supclvisor's Appt Jill Dohcrty Voter [] [] [] [] [] Tax Receiver's Appl Albe~t Krupski Jr bfiliatm [] [] [] [] [] Rescinded louisa P Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt }lgwys Al>pt 2012-218 CA TEGOR Y: DEPARTMENT: Employment - Town Accouuting Appoint Diana Whitecavage Full Time Account Clerk RESOLVED that the Town Board of the Town of Southold hereby appoints Diana V. Whitecavage to the position of a full-time Account Clerk fbr the Accounting & Finance Department, efl'ective April 1, 2012, at a rate of $41,012.01 per year. Vote Record ~ Resolution RES-2012-218 [] Adopted [] Adopted as Amended [] Delbated [] Tabled [] Withdrawn [] Sttpervlsor's Appt [] Tax Receiver's Appt [] Rescilldcd [] ~[own Clerk's Appt [] Supl Hgwys Appt [] No Action Yes/Aye No/Nay Abstain Absent William Ruland Voter [] [] [] [] Cbristopber Falbot Sccondei [] [] [] [] Jill Doberty Voter [] [] [] [] Albell Krupski JI Voter [] [] [] [] Louisa P Evans Initiatm [] [] [3 [] Scott Russell Voter [] [] [] [] 2012-219 CA TEGORY: Employment - Town DEPARTMENT: Accounting Grant FMLA Leave to a Town Employee WHEREAS Employee #5700 will be out of work due to a non-work related condition effective March 9, 2012, and WHEREAS the Town Board of the Town of Southold is required to comply with the Family Medical Leave Act (FMLA) and the Town's collective bargaining agreement with the CSEA, March 13, 2012 Page 19 Southold Town Board Meeting Minutes now theretbre be it RESOLVED that the Town Board of thc Town of Southold hereby grants an FMLA leave of absence for up to 12 weeks to Employee #5700 effective March 9, 2012 Vote Record - Resolution RES-2012-219 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] 'Fabled William Ruland Votcl [] [] [~ ~] [] Withdrawn Ch~istopbc~ Talbot [nitiatm [] [] [] [] [] Supcrvism"s Appt Jill Dohe~ty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski J] Voter [] [] [] [] 2012-220 CA TEGOR Y: DEPARTMENT: Employinent - Town Accounting Terminate Employment - Christine Fahrbach RESOLVED that the Town Board of thc Town of Southold hereby terminates the employment of Christine A. Fahrbach from the position of part-time clerk W, pist in the Assessors Department effective March 9, 2012. ,~' Vote Record - Resolution RES-2012-220 [] Adnpted [] Adopted as Amended [] Del~taled Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Secondel [] [] [] [] [] Withdrawn Cluistopbcr [ albot Voter [] [] [] [] [] Supe~wisor's Appt Jill Dobcrty Initiator [] [] [] [] [] Tax Receiver's App~ Albert Krupski Jr Votci [] [] [] [] [] Rescinded Louisa P Evans Volcr [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2012-221 CA TEGOR Y: DEPARTMENT: Employment - Town Accounting Terminate Employment - Employee # 1641 RESOLVED that the Town Board of the Town of Southold hereby terminates the employment of employee # 1641 from the position of part-time Food Service Worker in the Human Resource Center, effective March 1, 2012. March 13, 2012 Page 20 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2012-221 Adopted [] Adopted as Amended [] Def~'ated [] Tabled Yes/Aye No/Nay Abstain Absent Willimn Ruland Initiator [] [] [] [] Christopher [ albot Voter [] [] [] [] Jill Dobctty Voter [] [] [] [] Albell Kmpski Jr Seconder [] [] [] [] Louisa P Evans Votel [] [] [] [] Scott Russell Voter [] [] [] [] 2012-222 CATEGORD DEPARTMEN~ Landfill Misc. Solid Waste Management District Commercial Compost b'ees WHEREAS low prices for the sale of leaf compost in excess of 1000 cubic yards from the Southold Town Compost Facility were previously established to deal with a surplus amount of such material, and WHEREAS such surplus no longer exists; and WHEREAS use of the SWMD walking-floor trailer for delivery of leaf compost caused has been shown to cause an excessive amount of wear to thc trailer, it is hereby RESOLVED by the Town Board of the Town of Southold that volume-based fees i-hr the sale of leaf compost fi-om the Southold Town Compost Facility are set as follows: · l - 100 cu. yds: $15/yd (no change) · Over 100 cu yds: $13/yd (eliminates further discounts fbr 1000-- yds) It is further RESOLVED that delivery by the Solid Waste District of newly contracted purchases from the compost site shall be restricted to woodchip mulch only within the Town of Southold and that the charge tbr such delivery is $125. Vote Record - Resolution RES-2012-222 [] Adopted [] Adopted as Amended [] Deteated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopbe~ Talbot Voter [] [3 [] [] [] Supervisor's Appt Jill Dohcrty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski ,Ir lnltiatot [] [] [] [] [] Rescinded Louisa P Evans Votc~ [] [] [3 [3 [] Fown Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-223 CA TEGOR Y: Employment - FIF D DEPARTMENT: Accounting March 13, 2012 Soutbold Town Board Meeting Minutes Page 2l Ameml Resolution No. 2012 167 RESOLVED that the Town Board of the Town of Southold amends Resolution No. 2012-167 adopted February 14, 2012 to amend the effective date of appointment tbr Gordon Murphy, Interim Assistant Manager of the Fishers Island Fen'y District, to January 25, 2012. Vote Record - Resolution RES-2012-223 [] Adopted [] Adopted as Amended [] Dclkated [] Tablcd [] Withdrawn [] Super visol's Appt [] Tax Receiver's Appt [] Rescinded [] Iown Clerk's Appt [] Sup/Hgwys Appl 2012-224 CA TEGOR Y: Advertise DEPARTMENT: Town Clerk Advertise fi;r Pumpout Boa/Operators RESOLVED the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for Pump-Out Boat Operators fbr two consecutive weeks in the Suffolk Times and in the Fishers Island Fog Horn publication for operators in Southold and the New London Day for the Fishers Island position(s). Vote Record -Resolution RES-2012-224 [] Adopted [] Adopted as Amended [] Defeated [] Tabled [] Withdrawn [] Supervism's Appt [] Tax ReccivcFs Appt [] Rescinded [] Town Clerk's Appt [] SuN Hgwys Appt [] No Action Yes/Aye No/Nay Abstain Absent Wdlimn Ruland Votc~ [] [] [] [] Christopher Talbot Initiator [] [] [] [] .lill Doherty Voter [] [] [] [] Albcll Kmpski Jr Volel [] [] [] [] Louisa P Evans Seconder [] [] [] [] Scott Russell Vote] [] [] [] [] 14. Comments regarding resolution 224 JUSTICE EVANS: Can i just add to that'? The Fishers Island Fog Horn? 2012-225 CA TEGOR Y: DEPA R rFMENT: Public Service Town Clerk G ( t Permzsstonfi.'.hd) 5hadowm~g m the J~ st cc Court March 13, 2012 Southold Town Board Meeting Minutes Page 22 RESOLVED the Town Board of the Town of Southold hereby grants permission to Christian Davis fi'om Greenport High School to participate in a day of job shadowing at the Southold Town Justice Court on Friday, March 30, 2012. Vote Record - Resolution RES-2012-225 Adopted [] Adoplcd as Amended [] Detkatcd [] Fabled [] Witbdrawn [] Supervisor's Appt [] Tax Receiver's Appt [] Rescinded [] Town Clerk's Appt [] Supt }lgwys Al)pt [] No Action Yes/Aye No/Nay Abstain Absent William Ruland Secondm [] [] [] [] Cbristopber Talbot Voter [] [] [] [] Jill Dobel~ty blitiator [] [] [] [] Albert Kpapski b' Votci [] [] [] [] 2012-226 CA TEGOR Y: DEPA R TMEN?:' Employmenl - Town Accounting Hire PT Senior Citizen Aide H RESOLVED that the Town Board of the Town of Southold hereby appoints Auristhela Reinen to the position of part time Senior Citizen Aide II for the Human Resource Center, effective March 15, 2012 at a rate of $15.65 per hour, not to exceed 17.5 hours per week. ,/Vote Record - Resolution RES-2012-226 [] Adopted [] Adopted as Amended [] Deli:areal [] Tabled [] Witbdrawn [] Supervisor's Appt [] Tax Receiver's Appt [] Rescinded [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action Yes/Aye No/Nay Abstain Absent William Ruland Initiator [] [] [] [] Christopber Talbot Voter [] [] [] [] Jill Dohcrty Vote1 [] [] [] [] Albert Kmpski JI Seconder [] [] [] [] Louisa P Evans Voter [] [] [] [] Scott Russell Vote~ [] [] [] [] 2012-227 CA TEGOR Y: DEPARTMENT: Employment - Town Accounting llire P?' Pbod Service Worker RESOLVED that the Town Board of the Town of Southold hereby appoints Sandra Davids to the position of part-time Food Service Worker fbr the senior nutrition program at the Human Resource Center, effective March 14, 2(/12 at a rate of $ l 4.10 per hour, not to exceed 17.5 hours per week. March 13, 2012 Page 23 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2012-227 [] Adopted [] Adopted as Amcndcd [] De/bated [] Tabled Yes/Aye No(Nay Abstain Absent William Ruland Voter [] [] [] [] Christopher [albot Votcr [] [] [] [] Jill Dollcrty Vote~ {~ [] [] [] Albe~x KnlpSki Jr Initiator [] [] [] [] t.ouisn P Evans Seconder [] [] [] [] Scott Russell Voter [] [] [] [] 2012-228 CA TE G O R Y: DEPARTMENT: Public Service Town Clerk Ai;/point Michael P'oote ;ts an h~tern in thc Soutllold lbwn .h/s/ice ('our/ RESOLVED the Town Board of the Town of Southold hereby appoints Michael Foote as an intern in thc Southold Town Justice Court for thc 2012 summer season, to serve in this capacity without compensation. Vote Record - Rcsolulion RES-2012-228 [] Adopted [2 Adopted as Amended [] Defeated ~ es/Aye No/Nay Abstain Absent 2012-229 CATEGORY: DEPARTMENT: Employment - Town Accounting Hire &'hool Crossing Glta;7l Fislwrs Is~ami RESOLVED that the Town Board of the Town of Southold hereby appoints Karen Tirabassi to the position of a School Crossing Guard for Fisher Island School tbr the Police Department as needed as a substitute at a rate of $78.56 per diem. March 13, 2012 Southold Town Board Meeting Minutes Page 24 Vote Record - Resolution RES-2012-229 [] Adopted [] Adopted as Amended [] Defeated [] lablcd [] Withdrawn [] Supervisor's Appt [] Tax Receiver's Appt [] Rescinded [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action William Ruland Voter Christopbcr Talbot [nitiatm Jill Dobt'rty Voter Albct~ Kt'upski Jr Votci Louisa P Evans Seconder Scott Rnsscll Voter Yes/Aye No/Nay Abstain Absent [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] 2012-230 CA TEGOR Y: DEPARTMENT: Employment - FiFD Accounting Fistlers Island Longevity - l?obert Dumouchel WHEREAS, the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their March 6, 2012 meeting increasing the wages of full-time Deckhand Robert Dumouchel by 3% due to 5 years longevity effective February 15, 2012, and WHEREAS the Town Board of thc Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therelbre be it RESOLVED that the Town Board of the Town of Southold hereby increases the salary of Robert Dumouchel, Fishers Island Ferry District, by 3% effective February 15, 2012. Vote Record - Resolution RES-2012-230 [] Adopted [] Adopted as Amended [] DeIYated Yes/Aye No/Nay Abstain Absent 2012-231 CA TEGOR Y: DEPARTMENI:' Employment - FIFD Accounting Fishers Ls'land LongeviO, - John Paradis WHEREAS, the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their March 6, 2012 meeting increasing the wages of full-time Marine Mechanic John L. Paradis by 4% duc to 10 years longevity effective March 4, 2012, and March 13, 2012 Page 25 $outhold Town Board Meeting Minutes WHEREAS thc Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of thc Town of Southold hereby increases the salary of John L. Paradis, Fishers Island Ferry District, by 4% effective March 4, 2012. Vote Record - Resolution RES-2012-231 ~ Adopted [~ Adopted as Amended [] Defeated Yes/A~,e No/Nay Abstain Absent 2012-232 CATEGORD DEPARtmENT: Employinent - FIFD Accounting `4ppoint Craig ,4. Gilber! Manager FlP'D W H EREAS, the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their March 6, 2012 meeting to hire Craig A. Gilbert as Manager, Fisher lsland Ferry District, effective February 6, 2012 at a salary of $95,000.00 per annum and, WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore bc it RESOLVED that the Town Board of the Town of Southold hereby appoints Craig A. Gilbert to the position of Manager of the Fishers Island Ferry District effective February 6, 2012 at a salary of $95,000.00 per annum. Vote Record - Resohttion RES-2012-232 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supcpdsor's Appt Jill Doberty Voter [] [] [] [] [] [ ax ReceiveI's Appt Aibe~l Kmpski Jr hutiator [] [] [] [] 2012-233 CATEGORY: DEPAR?5~ENT: Employment - FIFD Accounting March 13, 2012 Page 26 Southold Town Board Meeting Minutes Appoint Jason P. Marks lhtll Time Deckhand WHEREAS, The Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their March 6, 2012 meeting to hire as a full time deckhand Jason P. Marks effective February 10, 2012 and WHEREAS, the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of thc Fishers Island Ferry District, now therdbre be it RESOLVED, that Jason P. Marks be and is hired as a tull time deckhand at a rate of $14.00 per hour effective February 10, 2012. Vote Record - Resolution RES-2012-233 [] Adoplcd [] Adopted as Amended [] Dd~:atcd [] tabled [] Withdmwn Supervisor's Appt [] Tax Receiver's Appt [] Rescinded [] Town Clerk's Appt [7] Supt Hgwys Appl [] No Action Yes/Aye No/Na> Abstain Abseut William Ruland Voter ~1 [] [] [] Christophc~ Talbot Scconde~ [] [] U] [] 2012-234 CATEGOR~ DEPARTMEN1? Advertise Police Dept P/T Clerk Police Department RESOLVED that the Town Board of the Town of Southold hereby grants permission to post and advertise for the position of Part Time Clerk Typist fbr the Police Department at a rate of $13.78 per hour, not to exceed 17.5 hours per week. Vote Record - Resolution RES-2012-234 [] Adopted 2012-235 CA TEGOR Y: Advertise DEPARTMENT: Police Dept March 13, 2012 Southold Town Board Meeting Minutes Page 27 Trq[fic Control Q/ricer - Police Department RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for two (2) weeks for Traffic Control Officers for the 2012 summer season at the hourly wage of $16.46 per hour. Applications must be received by Friday, April 20, 2012. Vote Record - Resolution RES-2012-235 [] Adopted [] Adopted as A~nendcd [] Delkatcd [] Tabled [] With&awn [] Supc~visor's Appt [] 'Fax Receiver's Appt [] Rescinded [] Fown Clerk's Appt [] Supt Hgwys Appt Yes/Aye No/Nay Abstain Absenl Willianl Ruland Scctmdcl [] [] [] [] 2012-236 CA TE GO R Y: DEPARTMENT: Organizational Supervisor Assr Deputy EPC Haas SUPERVISOR'S APPOINTMENT Supervisor Scott A. Russell hereby appoints Erick Haas as Assistant Deputy Emergency Preparedness Coordinator and liaison to the Suffolk County Emergency Operations Center for the Town of Southold through December 31, 2012. Vote Record - Resolution RES-2012-236 [] Adopted [] Adopwd as Ainended ID DelEatcd Yes/Aye No/Nay Abstain Absent [] Tabtcd William Ruland [] [] [] [] [] Withdrawn Christopher Talbot [] [] [] ~ ~] Supervism's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albcll Kmpski Jr' [] [] [] [] [] Rescinded Louisa P Evans [] [] [] [] [] Town CIm k's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-237 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agrccments Town Attorney ~¥ WWTF Ammal (~'rlification March 13, 2012 Page 28 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Annual Certification Form betwveen the NYS Department of Environmental Conservation and the Town of Southoid for the Design~ Planning, and Flow Management of the Fishers Island Wastewater Treatment Facility, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2012-237 [] Adopted [] Adopted as Amended [] Delk'ated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiatol [] [] [] [] [] With ch',twn Christopher Talbot Voter [] [] [] [] [] Supervisor's Al)pt .Jill Doherty Votci [] [] [] [] [] [ax Receiver's Appt Albeit Krupski .h Seconder [] [] [] [] [] Rescinded Louisa P Ewms Volta [] [] [] [] [] Town Clerk's Appt Scott Russell Volc~ [] [] [] [] [] Supt [lgwys Appt [] No Action 2012-238 CA TEGOR Y: Policies DEPARTMENT: Accounting &~pplemental Fund Balance Polio'/bt GASB 54 RESOLVED that the Town Board of the Town of Southold hereby adoptes the following policy entitled: Town of Southold Supplemental Fund Balance Policy The Town Board of the Town of Southold believes that sound financial management principles require that sufficient funds be retained by the Town to provide a stable financial base at all times. To retain this stable financial base, the Town needs to maintain a General Fund Balance sufficient to fund all cash flow requirements of the Town, to secure and maintain investment grade bond ratings, to provide financial reserves tbr unanticipated expenditures and/or revenue shortfalls, and to provide funds for unforeseen expenditures related to emergencies. Recognizing these principals, the Town Board adopted a Fund Balance Policy on February 24, 2009 by Resolution number 2009-1993 (attached herewith). Subsequent to thc adoption of thc Town's Fund Balance Policy, Governmental Accounting Standards Board Statement No. 54, Fund Balance Reporting and Governmental Fund Type Dqfinitions (GASB 54) changed the terminology and classification of fund balance to reflect spending constraints on resources, rather than availability tbr appropriation. This approach is intended to provide users more consistent and understandable infbrmation about a fund's resources. The statement is intended to improve the usefulness of the amount reported in fund balance by providing more structured classification March 13, 2012 Southold Town Board Meeting Minutes Page 29 Under GASB 54, fund balance is classified as either 1) nonspendable, 2) restricted, or 3) unrestricted. Unrestricted fund balance is further classified as 1) committed, 2) assigned, or 3) unassigned: Under GASB 54 the fund type definitions xvere clarified. Under funds: GASB 54 the following individual categories can be reported in the governmental Nonspendable Fund Balance consists of assets that are inherently nonspendable, they will never convert to cash, duc to their form (i.e. invcntorics and prepaid items); will not convert to cash within the current period (i.e. long term receivables and financial assets held for resale); or are funds that legally or contractually must be maintained intact (i.e. principal amount of legal endowments). Note* proceeds fi'om the collection pf long-term receivables or fi'om the sale cef properties being held.[br resale will not be included in nonspenclable .fimd balance ~/' the use p/' thc proceeds/kOhl their collection or sale are restricted, committed or assigned. Restricted Fund Balance consists of amounts that are subject to externally enforceable legal purpose restrictions imposed by creditors, grantors, contributors, or laws and regulations of other governments; or through constitutional provisions or enabling legislation. Committed Fund Balance consists of the portion ot' fund balance whose use is constrained by limitations imposed by the Town's highest level of decision making authority (the Town Board). Fonnal action must be takcn prior to the end of the fiscal year; however, the amount can be determined in the subsequent period. The same formal action must be taken to remove or change the limitations placed on the funds. The Town Board is the decision making authority that can, by adoption of a Local Law prior to the end of the fiscal year, commit fund balance. Note* only the action that constitutes the most binding constraint should be considered a commitment. New York State's Office of the State Comptroller bulletin issued November 2010 and updated April 2011 states "OSC believes that in most cases, local governments in New York will not have committed fired balance to report.' Commitment requires some level ef due process (voter involvemen0 and should be a level ef constraint that cannot be undone in a simple manner. Assigned Fund Balance consists of amounts that are constrained by the Town's intended use of certain resources for specific purposes. Intent is established by the Town's highest level of decision making authority or a body or official thai has been given the authority to assign funds. · In the General fund, assigned fund balance; represents amounts constrained by a government board, or a body or person(s) with delegated authority from a governing board to assign amounts, for a specific intended purpose. Amounts reported as assigned should not result in a deficit in unassigned fund balance. · Assigned fund balance in all other governmental funds is the residual amount and represents any positive amount after classifying nonspendable, restricted or committed fund balance. · The Town Board has sole authority to assign fund balance. March 13, 2012 Southold Town Board Meeting Minutes Page 30 · Unassigned Fund Balance is the residual classification fur the General Fund and consists of the excess portion of fund balance that has not been classified in the previous four categories and could report a surplus or a deficit. All funds in this category are considered spendable resources. This category also provides the resources necessary to meet unexpected expenditures and revenue shortfhlls. Only the General Fund is able to report a positive unassigned fund balance. · If another governmental fund has a fund balance deficit, then it will be reported as a negative amount in the unassigned classification in that fund. This fund deficit would only be shown if the fund's liabilities, together with the amounts classified as nonspendable, restricted, and committed exceed the fund's assets (a residual deficit). Not all of the Town's funds will necessarily have all of the components of fund balance available to that fund. No funds should report a negative amount for restricted, committed or assigned fund balance. Under GASB 54 the following fund type definitions can be reported: a. The general fund is used to account lbr all financial resources not accounted for and reported in another fund. b. Special revenue funds are used to account and report the proceeds of specific revenue sources that are restricted or committed to expenditure fbr specific purposes other than debt service or capital projects. c. Capital projects funds are used to account for and report financial resources that arc restricted, committed or assigned to expenditure tbr capital outlays, including the acquisition or construction of capital facilities and other capital assets. d. Debt service funds are used to account for and report financial resources that are restricted, committed or assigned to expenditure for principal and interest. e. Permanent funds are used to account for resources that are restricted to the extent that only earnings, and not principal, may be used fur purposes that support the Town's purposes. The Town may or may not repm~t all funds types. GASB 54 as it applies to the Town specifically: Nonspendable, Restricted and Unrestricted Fund Balance reporting responsibility It is the responsibility of the Town Supervisor to report nonspendable fund balance appropriately in the Town's Basic Financial Statements. It is the responsibility of the Town Supervisor to report restricted fund balance appropriately in the Town's Financial Statements. All restricted funds must also be reported to the Town Board as necessary. It is the responsibility of the Town Supervisor to report unrestricted fund balance appropriately as committed, assigned or unassigned fund balance in the Town's Basic Financial Statements. Order of Use of Restricted and Unrestricted Funds When both restricted and unrestricted funds are available tbr expenditure, restricted funds should be spent first unless otherwise required by law or agreement. March 13, 2012 $outhold Town Board Meeting Minutes Page 31 When any of the classifications of unrestricted fund balance is available fur expenditure, the Town will first spend committed funds, then assigned funds, and unassigned funds last. · Unrestricted fund balance consists of committed, assigned and unassigned fund balance. It represents amounts available fbr future spending. An appropriate level of unrestricted fund balance should be maintained in the General Fund in order to cover unexpected expeuditures and revenue shortfalls. Unrestricted fund balance may be accessed in the event of unexpected expenditures, up to the maximum established level, upon approval of a Town Board resolution, i.e. 7'he 7bwn's Fund Balance Poli~v adopted by Resohttion number 2009-193 on February 24, 2009 establishes a minimum unassigned.Jund balance in the General Fund eq~al to 10% ~?f General Fund expenditures. In the event that the bahmce drops below the established minimum level, the Town's Board will develop a plan to replenish the.Ii,nd balance lo the established minimum level within the current or ensuing.fiscal year. Authority to Commit Funds The Town Board is the highcst level of decision making authority that can, by adoption of a Local La~v prior to thc end of the year, commit fund balance. If the actual amount of the commitment is not known by year cnd, the Local Law must state the process or formula necessary to calculate the actual amount as soon as inii0rmation is available. Note: As reJbrenced previously above, without some level o.['due process (voter involvemen0 the Town Board does not expect to see ('ommitted Funds in the ?bwn qf Southold. Authority to Assign Funds The Town Board has the authority to set aside funds for thc intcnded use of a specific purpose. Any funds set aside as assigned fund balance requires a simple majority vote and must be recorded in the Town Board's meeting minutes. The same action is required to change or remove the assignment. Upon determination of the amounts of nonspendable, restricted and committed fund balance, in all funds except fur thc General Fund, the Supervisor has the authority to record the remainder of fund balance as assigned fund balance Upon passage of a budget resolution, where fund balance is used as a source to balance the budget, thc Town Supervisor shall record this amount of assigned fund balance. Unassigned Fund Balance Unassigned fund balance is the residual amount of fund balance in the General Fund. It represents the resources available for futurc spending. An appropriate level p/'unassigned./imd balance should be maintained in the General Fand in order to cover unexpected expenditures and revenue shor(/blls. Unassigned.[und balance may be accessed in the event oJ' unexpected expenditures up to the minimum established/eve/upon approval o)'a budget amendment by the ~lbwn Board. In the event p/'prp/ected revenue shor~[?dls, it is the responsibility p/' the Town Comptroller to report the projections to the Town Board on, at a minimum, an annual basis. Any budget amendment that will resuh in the unassigned ./ired balance ~[' the General Fund dropping belo~ the minimum level p/' 10% ~/ operating expenditures will require a March 1.3, 2012 Page 32 Southold Town Board Meeting Minutes supermqyority vote and a plan .fi~r reducing appropriations or raising revenues during the current or enstdng fiscal year that will restore the unreserved/unappropriated (Unassigned)fund balance in the General Fund to at least 10% ef operating expenditures. Encumbrances Encumbrance accounting under which purchase orders, contracts and other commitments ibr the expenditure of monies are recorded is generally employed as an extension of the tbrmal budgetary integration, and encumbrances outstanding at year end in the governmental funds are reported in restricted, committed or assigned fund balance based on the constraint of the obligation. Significant encumbrances will be disclosed in the notes to thc financial statements by major and nonmajor funds in conjunction with other significant commitments. The Town Supervisor will be responsible for reporting outstanding obligations in the appropriate category of fund balance either by project or functional activity. Vote Record - Resolution RES-2012-238 [] Adopted [] Adopted as Amended [] Delkated [] labled Yes/Aye No/Nay Abstain Absen! William Ruland Seconder [] [] [] [] 2012-239 CAI~GORY: DEPARTMEN7¢ Budget Modification Public Works Budget Modification - DPW/Ligllt & Power Fiscal Impact: increase the _ O l I Budget for Light & Power to cover budge t shor~dl RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 Building & Grounds General Fund Whole Town budget as follows: From: A.1620.4.200.300 Gas $9,300 To: A. 1620.4.200.200 Light & Power $9,300 March 13, 2012 Page 33 Southold Town Board Meeting Minutes [ ,/~ote ~R{e~oo[tdc(~ Resolution RES-2012-239 [] Adopted as Amcndcd [] Delbated [] [abled [] Withdrawn [] Supel visor's Appt [] Tax ReceiveVs Appt [] Rescinded [] Town Clerk's Appt Supt Hgwys Appt [] No Action Yes/Aye No/Nay Abstain Absent William Ruland Voter [] [] [] [] Christopher Talbot Sccondcr [] [] [] [] 2012-240 CA TEGOR Y: DEPA R TMENT: Budget Modification Accounting Budget Modification ~bt Medical h~suranr e Buvou! Fiscal bnpact: An ttnext~ected employee took advantage of the medical phm b~ffout in 2011 RESOLVED that the Town Board o['the Town of Southold hereby modifies the 2011 budget as follows: General Fund Part Town From: B.9901.9.000.000 Transfers to Health Plan To: B.9089.8.000.100 Medical Plan Buyout $9,050 $9,O5O Employee Health Plan Decrease Revenues: MS.5031.00 Interfund Transfers $9,050 Decrease Appropriations: MS.9060.8.000.000 Medical Benefits $9,050 Vote Record - Resolution RES-2012-240 [] Adopted [] Adoptcd as AIncndcd [] Dcl~atcd Yes/Aye No/Nay Abstain Absent [] Fabled William Ruhmd Voter [] {~ [] [] [] Withdrawn Christopher Talbot [uitiatol [] [] [] U] [] Supervisor's Appt Jill Dohct~y Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr Votc~ [] [] [] [] [] Rescinded Louisa P Evans Seconder [] [] [] [] [] Fown Clerk's Appt Scott Russell Votc~ [~ [] [] [] [] Supt Hgwys Appt [] No Action 2012-241 March 13, 2012 ['age 34 Southold Town Board Meeting Minutes CA TEGOR Y: DEPARTMENT: Budget Modification Accounting Bridget Mod(fication figr Receiver cf Taxes Fiscal bnpacr' Cover unanticipated overtime time paid to clerical strOll'and 1st ha[/'mailing qf 20 l 1-12 tax bills (appears that prior year was expended in 2011) RESOLVED that the Town Board o f the Town of Southold hereby modifies the Receiver of Taxes 2011 budget as follows: From: A.1330.1.300.100 To: A.1330.1.300.200 A. 1330.4.400.100 Seasonal Employee's Regular Earnings S3,880 Seasonal Employee's Overtime Earnings S80 Tax Bill Processing $3,800 Vote Record - Resolution RES-2012-241 [] Adopted [] Adopted as Amended [] Dcl~:aled Yes/A)e No/Nay Abstain \bsent [] Tabled Willimn Ruland Seconder [] [] [] [] [] Withch~wn Christopher [albot Votc~ [] [] [] [] [] Supe~w'isor's Appt Jill Dohet'ty Initiator [] [] [] [] [] Tax Receivei's Appt Albell Kmpski Jr Voter [] [] [] [] [] Rescinded l.ouisa P Evans Voter [] [] [] [] [] Town Clerk's Appt Scotl Russell Voter [] [2] [] [] [] Supt tlgwys Appt [] No Action 2012-242 CATEGORY: DEPARTMENT: Budget Modification Accounting Budget Modification 2011 Etnployee Health Plan Fiscal Impact: Additional appropriation.~br administrative fi, e relating to Medicare Part D reimbursement RESOLVED that the Town Board of the Town of Southold hereby increases the Employee Health Plan 2011 budget as follows: Revenues: MS.2700.00 Reimb Medicare Part D Expense Appropriations: MS.$686.4.000. 100 Medicare D Administration $1,900 $1,900 March 13, 2012 Southold Town Board Meeting Minutes Page 35 Vote Record - Resolution RES-2012-242 Z Adopted [] Adopted as Amcmded [] Dclkatcd Yes/Aye No/Nay Abstain Absent [] Tabled William Rnland [nitiatm [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] ~] [] [] Supetwisor's Appt Jill Doberty Voter [] [] [] [] [] Fax Receiver's Appt Albell Kmpski Jr Sccondel [] [] [] [] [] Rescinded Louisa P Evans Votc~ [] [] [] [] [] Town Clerk's Appt Scott Russell Vote~ [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-243 CA TEGOR Y: DEPARTMENT: Budget Modification Public Works Budget Mod!fication Street Lighting - Pole Rental Fiscal Impact: Budget modification to fimd over-expended budget~bt L[P~ Pole Rental RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Whole Town budget - Street Light Pole Rental as follows: From: A. 5182.4.200.250 Street Light Power $1,300 To: A. 5182.4.400.700 Pole Rental $1,300 Vole Record - Resolution RES-2012-243 [] Adopted [] Adopted as Amended [] Del~ated Yes/Aye No/Na,~ Abstain Absent [] Tabled William Ruland Seconde~ [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supcrvisor's Appt Jill Dohelly Vt)tel [] [] [] [] [] Tax Receiver's Appt Albml Kmpski Jr lnitiato~ [] [] [] [~ [] Supt Hgwys Appt 2012-244 CA TE G OR Y: DEPARTMENT: Budget Modification Zoning Board of Appeals 2011 Budget Mod~fieation - ZBA Fiscal Impact: to cover over extended budder line 2011 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund~ Part Town budget as follows: March 13, 2012 Page 36 Southold Town Board Meeting Minutes B8010.4.100.100 To: B8010.1.200.100 Office Supplies Part Time Employees Regular Time $91.00 $91.00 Vote Record - Resolution RES-2012-244 [] Adopted [] Adopted as Amended [] Dck'ated [] Tabled Ves/Ayc No/Nay Abstain Absent William Ruland Sccondc~ [] [] [] [] 2012-245 CA TEGOR Y: DEPARTMENT: Budget Modification Land Preservation 2011 CPF Budget Mo~O'fication Fiscal Impact: lhis budget line moct([icatio~ ix necexsary to reconcile rt 2011 over expemled budget line.for Social Securi(v Emldovee Benqfits. RESOLVED that the Town Board of the Town of Southold hereby modifies the Community Preservation Fund 2011 budget as follows: From: H3.8710.1.100.200 Overtime Earnings $ 5.00 'Fo: H3.9030.8.000.000 Social Security Employee Benefits $ 5.00 Vote Record - Resolution RES-2012-245 [] Adopted 2012-246 March 13, 2012 Southold Town Board Meeting Minutes Page 37 CA TEGOR IQ DEPARTMENT: Budget Modification Town Attorney Budget Mo~ficatio~ Fiscal Impact: .~bt preparation (~/'survcy pi'road end a4iacent to SCTM #1000 99-1-16.1 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Town Board General Fund Whole Town budget as follows: From: A.1990.4.100. 100 Unallocated Contingencies $900.00 To: A.1010.4.500.900 Town Board, Surveys $900.00 Vote Record ~ Resolution RES-2012-246 [] Adopted [] Adopted as Amended [] Del~'ated [] Tabled [] Withdrawn [] Supcrvisor's Appt '[ax Receiver's Appt [] Rescinded [] Town Clerk's Appt [] Supt Hgwys Appt [] No Acliotl Yes/Aye No/Na) Abstain Absent Willimn Ruland Seconder [] [] [] [] Christopher Talbot Vmcr [] [] [] [] 2012-247 CATEGORIQ DEPARTMEN~ Authorize to Bid Town Clerk Advertise Bid- btstallation ~4['3 Draimtge Projects RESOLVED the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the installation of three drainage projects for Long Creek Drive and Laurel Avenue, Southold. Vote Record - Resolution RES-2012-247 [] Adopwd [] Adopted as Amended [] Oet~ated Yes/Aye No/Nay Abstain Absent 2012-248 March 13, 2012 Pagc 38 Southold Town Board Meeting Minutes CA TEGOR Y: DEPARTYlENT: Committee Appointlncnt Town Clerk Appoint Shel~fish Advisory Commitlee Members RESOLVED the Town Board of the Town of Southold hereby appoints the following to serve on the Shellfish Advisory Board effective immediately for a term of 2 years, to expire March 31, 2014: Members: Michael Sladc Tom Sledjeski Linda Auriemma Nate Andruski Joseph Hinton Dean J. Yaxa Arthur Kretschmer Karcn Rivara Scientist's Liaison: Leonard Llewellyn, Jr. Town Board Liasion: Councilwoman Jill Doherty Town Trustee Liaison: Trustee John Bredemeyer Vote Record - Resolution RES-2012-248 Adopted [] Adopted as Amended [] Del~'ated [] Tabled Yes/Aye No/Nay Abstain Absent Willimn Ruland Seconder [] [] [] [] Christopher Talbot Voter [] [] [] [] Comments regarding resolution 248 COUNCILMAN KRUPSKI: This has become a very serious charge that this committee has. The Town did pass a pooper scooper law last year which sounds kind of funny but really there is nothing funny about it. We have got a lot of our creeks that are teetering on the brinks of being closed to shellfishing thanks to the federal rule that are administered through the state and this committee is charged with working with the DEC and working with the community to clean up, not only to clean up the waterways with the help of the pooper scooper law but also to work with the DEC on testing and monitoring these areas so that when the town does make improvements, like we just authorized three drainage projects fbr Long Creek Drive, the state acknowledges that and the state is willing to work with us to keep shellfishing areas open to the public. March 13, 2012 Page 39 Southold Town Board Meeting Minutes 2012-249 CA TEGOR Y: DEPARTMENT: Contracts, [.ease & Agreements To~vn Attorney Execute a Consulting Services Agreement Between the 7bwn of Southold and Bright Power, RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Consulting Services Agreement between the Town of Sonthold and Bright Power~ Inc. regarding a Preliminary Feasibility Assessment of sites in connection with solar energy projects, at a cost not to cxcecd $6,750.00, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2012-249 [] Adopted [] Adopled as Amended [] Defl'ated [] Fabled 2012-250 CA TEGOR Y: DEPA R TMENT: Committee Decisions Town Clerk Dredge Committee Charge WHEREAS thcrc has occurred over thc last year, confusion between government entities including the County of Suffolk, the New York State Department of Environmental Conservation and the United States army Corp. of Engineers with respect to dredging applications for creeks within the Town of Southold, and WHEREAS the timing and proper completion of dredging applications require year round vigilance so as to insure that each application will be timely made by the governmental entity responsible for making the application, and that each application has been received by the entity to which the application has been made, and that the application has been properly reviewed and is complete so it may be considered at the appropriate time, and WHEREAS there are residents of the Town of Southold who are greatly affected by the outcome of the application process, and WHEREAS with regard to most drcdging applications the Town of Southold and its various boards and departments is neither an applicant or a recipient of such applications, and WHEREAS even though the Town of Southold is ncither thc applicant nor the governmental March 13, 2012 Southold Town Board Meeting Minutes Page 40 entity that will dctennine the application, the Town of Southold nonetheless has a great interest in the proper completion and consideration of such applications, so that the property interests of the residents and the environmental concerns are properly addrcsscd and protected, and WHEREAS, Chapter 13 of the Southold Town Code provides that the Town Board, by resolution, "may establish advisory committees tbr such purposes as it may deem necessary to assist it in the performance of its duties", now therefor be it RESOLVED that, pursuant to Chapter 13 of the Southold Town Code, the Town Board of the Town of Southold hereby creates the Dredging Advisory Committee. The committee is to be comprised of six (6) members from the community, along with one (1) liaison from the Board of Town Trustees and one (1) liaison from the Town Board. Member shall serve a term of two (2) years and are to be appointed by the Southold Town Board; be it further RESOLVED that the puqoose of the committee is as fbllows: 1. To monitor the process of dredging applications made by and to other government entities relative to waterways within the Town of Southold and to report to the Town Board and to the Southold Board of Trustees as to the status of such applications. 2. Upon request by resolution of the Town Board, to report or otherwise provide intbrmation to the Town Board or to thc Southold Board of Trustees on such other issues rclative to dredging permit applications. 3. Consider and explore all dredging options in the Town of Southold. Vote Record - Resolution RES-2012-250 [] Adopted [] Adopted as Amended [] Dclkatcd Yes/Aye No/Nay Abstain Absent [] Tabled Wdliam Ruland Voter ~ [] [] [] [] Withdrawn Cbristopber Talbot Initiator ~] [] [] [] [] Supervisor's Appt Jill Dobcrty Voter [] [] [] [] [] Tax Receiver's Appt Albe~ Krupski JL Voter [] [] E3 [] [2 Rescinded Louisa P Evans Secondel [~ [] [] [] [] Town CIc~k's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt {2 No Action Comments regarding resolution 250 SUPERVISOR RUSSELL: Let me just quickly explain, we got into a dredging situation, snafu a few years ago because the county had the money but it didn't have the permits. This past year, we almost had another one because the county had the permits but they didn't have the money. Each of the five east end towns are looking at dredging, as with the practical reality that the county is facing financial hardship and whether we are looking at subcontractors, contract vendees, etc., this committee is, the design of this committee is to keep that communication open, to keep the dredging active in Southold Town. 2012-251 March 13, 2012 Page 41 Southold Town Board Meeting Minutes CA TE'G O R Y: DEPARTMENT: Committee Appointment Town Clerk AppointmenL~' to the Dredging Advisory Committee RESOLVED the Town Board of the Town of Southold hereby appoints the following members to the Dredging Advisory Committee~ terms to expire March 31, 2014. Eugene Burger Robert Lehnert Peter R. McGreevy Robert Frieman Chris R. Showalter Fred Schoenstein Town Board Liasion: Councilman Albert Krupski Vote Record - Resolution RES-2012-251 [] Adopted [] Adopted as Amended [] Delbalcd [] Tabled [] Withdrawn [] Supe~wisor's Appt [] [ax Receiver's Appt [] Rescinded [] Town Clerk's Appt [] Supt Hgwys Appt Yes/Aye No/Nay Abstain Absent William Ruland Seconde~ ~1 [] [] [] Cbristophe~ Talbot Voter [] [] [] [] Jill Dobc~ty Initiator [] [] [] [] Albe~I Krupski Jt Votcr [] [] [] [] Louisa P Evans Vo~er [] [] [] [] 2012-252 CA TEGOR Y: DEPA R TMENT: Local [,aw Public llearing Town Attorney PH 4/10/12 c(~ 7:32PM Site Plan Amendments WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 13tb day of March, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Site Plan Approval" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 10tb day of April, 2012 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 Site Plan Approval" reads as follows: March 13, 2012 Southold Town Board Meeting Minutes Page 42 LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Site Plan Approval". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To provide fbr thc health, safety and welt~are of the citizens of thc Town of Southold, it is necessary to make certain amendments to Article XXIV "Site Plan Approval" of Chapter 280. These amendments are intended to codify and clarify existing policies, site plan objectives and approval requirements and procedures. 11. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-127. Applicability. This article shall apply to every land use that is permitted in the Town of Southold except the single-thmily home use on a single and separate lot as set forth in Article 111, § 280-13A(I ), and customary nonagricultural accessory uses to a single-family residential home use as stated in the Town Code. Any change in use or intensity of use which will affect the characteristics of the site in terms of parking, loading, access, drainage, open space or utilities will require site plan approval. In all cases where this chapter requires approval of site c!eve!e, pment plans by the Planning Board, no building permit shall be issued by the Building Inspector except upon authorization of and in conformity with the site plan approval by the Planning Board and all other public agencies involved. §280-128. Findings of fact; purpose. A. The Town Board wishes to protect the unique rural and open space character of the Town and hereby finds that development within the Town, exclusive of the Incorporated Village of Greenport, should proceed along the lines of good order and with due regard to the public interest, including but not limited to the fbllowing: exterior design of new or renovated structures and portions thereof; the construction and location of parking areas, whether or not accompanied by new building construction; changes in the use of existing structures; the use of open land; and that thc proposcd site use would impact beneficially on the well-being of the population in general, increase the Town's tax base and facilitate the local economy. B. It is the purpose of this article to encourage good design and to: (1) Protect thc established character and value of the adjoining properties, both public and private, and of the neighborhood in which they are located. (2) Lessen and, where possible, prevent traffic congestion on the streets and highways upon which the site fronts or which provide vehicular or pedestrian access thereto. (3)Prevent overcrowding of land or buildings. (4) Secure safety t'rom fire, flood and other dangers and provide adequate light, air and convenicncc ot' access. March 13, 2012 Southold Town Board Mccting Minutes Page 43 Mitigate thc environmental impacts of new development on the land, air and water resources. §280-129. Objectives. In considering and acting upon site ~eve!c, pment plans, the Planning Board shall take into consideration the public health, safety and welfare, the economic impact and the comfbrt and convenience of the public in general and the residents of the immediate neighborhood in particular and may prescribe appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives in particular: A. Traffic access: that all proposed traffic accessways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; are located in proper relationship to intersections, pedestrian crossings and other places of public assembly; and, further, are in conformance with overall traffic safety considerations. Other public agencies may rcquirc furthcr improvements above and beyond the Town's requirements. Roadway improvements not directly in front of the site may be necessary and required, based on overall traffic circulation and signalization of adjacent access points and streets. B. Interior circulation and parking: that adequate off-street parking and loading spaces are provided to satisfy the parking needs of the proposed uses on site and that the interior circulation system is so designed to provide convenient access to such spaces consistent with pedestrian safety, and, further, that loading areas shall not impede the tlow of interior pedestrian and vehicular traffic and that fbr certain uses, adequate interior roadways are provided to confine operations to the site. Handicap accessibility shall be provided and placed at the nearest point to the proposcd structure. C. Landscaping and screening: that all parking, service and similar areas are screened at all seasons of the year from view of adjacent residential districts and streets and that the landscaping of the site complements the intended use. Existing trees of at least six inches or more in diameter nreasured three feet above the base of the trunk shall be retained to the maximum extent possible. D. Natural features: that high priority shall be given to: (I) The conservation of all natural features on and adjacent to the site, including but not limited to natural drainage-courses, fresh- and saltwater wetlands and marshes, dunes, bluffs, beaches, escarpments, woodlands, large trees, unique plant and wildlife habitats, flood hazard areas and wildlife breeding areas. (2) The protection of ground- and surface water from contamination by pollutants. (3) The protection of air quality. E. Pavement: that all other paved areas intended for use by pedestrians and vehicles shall make use of an aesthetically pleasing and safe combination of pavements and plant materials which would serve to encourage their use by pedestrians and vehicles. F. Lighting: that all outdoor lighting shall be of such a nature and so arranged as to minimize the projection of direct light and glare onto adjoining properties and streets. Outdoor lighting shall be compatible with the intended use and also the zoning district, particularly in or adjacent to residential zones. G. Public address intercom or sound systenrs: that any sound or public-address system shall be located to minimize sound to adjoining properties or on the adjacent street. March 13, 2012 Page 44 Southold Town Board Meeting Minutes Grading and drainage: that all sitc developments shall respect existing grades on site and on adjoining sites to awfid unnecessary excavation or filling and that all stormwater runoff generated on site will be retained on site in an environmentally acceptable manner. All grading and drainage plans must meet with the requirements of the Town Engineer and/or Superintendent of Highways. Public utilities: that plans for water supply and sewage disposal, cable, telephone, electricity, gas, etc., shall be considered and included in this section and shall conform to such public requirements and standards as may exist. Existing development and Comprehensive Development Plan: that the development proposed is at a scale consistent with existing development and with the Comprchcnsivc Development Plan of the Town of Southold. Architectural features: that the natural i?catures of the site and surroundings, exterior design and appearances of existing adjacent structures and the character of the district are evaluated in accordance with the architectural standards set forth in this chapter. [Amended 5-15-1995 by L.L. No. 7-1995] Handicapped access: that the site plan and building design shall accommodate the needs of the handicapped and be in conlbrmance with the applicablc state and local standards concerning the same. ARTICLE XXIV~ Site Plan Approval {}280-130. Approval of site plan required. A. After the filing of an application fbr a building permit, the Building Inspector shall make a determination as to whether a site plan or an amendment thcreto is required, and this written determination shall be fbrwarded to thc Planning Department for comment. The Planning Dcpartmcnt must provide written comments on this determination to the Building Inspector within five business days, or be deemed to have waived thc opportunity to comment. After review of comments, or after the time period fbr comment has elapsed, the Building Inspector shall issue a final determination to the applicant, which shall in no event be more than 15 business days from the riling of the application. Such determination shall also include a written decision as to whether the proposed use is permitted and whether a special exception is required from the Zoning Board of Appeals. No building permit shall be issued tbr any structure or building tbr which use a site plan is required pursuant to this chapter, until, if required, an approved site ....... t, ....... plan or approved amendment of any such plan has been secured by the applicant l¥om the Planning Board and presented to the Building Inspector, along with all necessary approvals and permits as may be required by other public agencies. [Amended 5-15-1995 by L.L. No. 8-1995; 3-9-2004 by L.L. No. 8-2004; 12-14-2004 by L.L. No. 25-2004] B. No regrading, clearing, tree removal or any other work; ........ ,;~, ~c n,, .........c ~ site, except limited clearing needed to undertake survey work or soils investigations, may take place or be .... ;**~ to *~ ~ .... ~' ............... v .... until the site plan has been approved by the Planning Board or the Planning Board authorizes such work in writing. C. No certificate of occupancy shall be issued fbr any building, structure, premises, lot or use of'land covered by this article unless the structure has been completed (whether the structure is being constructed, rcnovated, reconstructed, altered, moved or put into use), March 13, 2012 Page 45 Southold Town Board Mccting Minutes and the site is developed in accordance with an approved site dcvc!opment plan or approved amendment of any such plan. Upon rcquest of the owner or his authorized agent tbr a certificate of occupancy, the Building Inspector shall issue the certificate, provided that said Building Inspector, along with the Planning Board, shall find that such building or structure and site is in confbrmity with the approved site plan. After a certificate of occupancy is issued, there shall be no exterior alterations of a building that expand the fbotprint or any revisions of the site or changes of use without first obtaining Planning Board approval. Failure to obtain site plan approval shall bc a violation of this article and shall be subject to such penalties as arc set forth in § 280-155 of this chapter. [Amended 6-7-2005 by L.L. No. 8-20051 Failure to comply with a term or condition of an approved site plan shall be a violation of this article and sball be subject to such penalties as are set forth in § 280-155 of this chapter. The Planning Board shall rctain iurisdiction and shall have the right, after a public hearing, to modify, suspend or revoke such approval or any term or condition thereof or to impose thereon one or more new conditions, bascd upon one of the lbllowing grounds: (1) False statements or mistake of material tact: materially false or inaccurate statements in the application, supporting papers or supporting testimony of a material fact, which fact, had it been known to the Planning Board at the time of its review, would have resulted in a denial of the approval sought. (2} Non-compliance with the terms and conditions of such approval: failure of the applicant-pcrmittee to comply with any conditions or tcrms of approval. (3} Activity beyond such approval: exceeditm the scope of the activity, use or project as the same was described in the application. Any use that has received site plan approval by the Planning Board shall not be commenced unless the Planning Board issues a written ccrtiflcation that all terms and conditions set lbrth in the site plan approval have been met. Failure to comply with a term or condition of site plan approval prior to commencement of the approved use shall be a violation of this article and shall be subject to such penalties as are set fbrth in §280- 155 of this chapter. Upon recommendation of the Planning Board and approval of the Town Attorney, the Building Inspector may revoke an existing certificate of occupancy upon a showing that the subject premises is being occupied or used in violation of an approved site plan and may direct that such occupancy or use be discontinued. The Town Attorney is authorized to commence proceedings in a court of appropriate jurisdiction to restrain said use or occupancy. [Amended 6-7-2005 by L.L. No. 8-2005] §280-131. Review procedure. A. Presubmission conference. Prior to the submission ora site dcvc!opment plan, the applicant or his agent shall meet with the Planning Board or its representative. The purpose of such conference shall be to discuss proposed uses or development plan elements that shall be submitted to the Planning Board in order for said Board to detenninc conformity with the provisions and intent of this article. Said ~neeting shall March 13, 2012 Southold Town Board Meeting Minutes Pagc 46 take place within 30 calendar days from the date of written request therefor. Site rleve!e, pment plan. Nine copies of the site de~ plan application and any related information as defined during the presubmission conference shall be submitted to the Planning Board within four months of the presubmission conference. If a site de~ plan application is not submitted within four months fbllowing a presubmission conference, another conference may be required by the Planning Board. (1) Within 10 business days of receipt of the application, the Planning Board shall determine whether to accept, reject or request revision of the application. (2) If the Planning Board dctcrmincs said application to be acceptable but in need of revision, it shall notify the applicant, in writing, wherein said application is deficient within 30 calendar days. (3) Within the thirty-calendar-day period from receipt of the application, the ibllowing shall also takc place: thc site plan reviewer (or other delegate of the Planning Board) shall hold a joint meeting with a representative of the Building Department authorized to review building plans, for the purpose of making a joint recommendation as to whcthcr thc sitc plan application complies with all applicable zoning regulations or whether any variances are required from the Zoning Board of Appeals: that recommendation shall be forwarded to the Building Inspector, who shall either endorse or revise that recommendation; and in the event the Building Inspector's zoning determination indicates that a variance is requircd, thc site plan reviewer (or other delegate of the Planning Board) shall so inform the applicant; and in the event the applicant wishes to proceed with the application as submitted, the Building Inspector shall issue a notice of disapproval at that time. This procedure shall also apply to any amendments to the site plan application. (4) In the casc of a variance or special exception application requiring site plan approval, the site d~ plan application shall be subjected to preliminary review and written comments by the Planning Board within 60 days of such request by the Board of Appeals. (a) In no case may the Planning Board grant site plan approval prior to the issuance of a special exception by the Zoning Board of Appeals, if such is required. (b) Be~tbre the Planning Board can approve any application for the amendment of a use or structure for which a special exception was granted, the applicant must obtain permission from the Zoning Board of Appeals to expand or otherwise alter or change either the use or the structure. (5) The Planning Board may vary or waive parking requirements, provided that such change will not have a detrimental effect on the public health, safety or general welfare and will not have the effect of nullifying the intent and provision of this chapter. (a) The Planning Board may allow or require landscaping to be installed in place of specified parking spaces. (b) On any site for which the Planning Board grants approval fbr less than the required number of spaces fbr that use, the Planning Board shall have the right to review the parking requirements again ifa change of use is March 13, 2012 Page 47 Southold Town Board Meeting Minutes proposed. (6) Review of a new site plan for a lot on which an approved site plan already exists shall not proceed until the approved plan is withdrawn by the applicant. When the Plamfing Board determines said application to be acceptable, it shall, within 10 business days of such determination, distribute said application and documentation to the Town, county and state agencies having jurisdiction, fbr their comment. Such referral shall include a referral to the Architectural Review Committee. The Architectural Review Committee shall ma,/make a written recommendation to the Planning Board on the site plan within 10 business days of'receipt of the referral. If the Committee fails to make a recommendation within this time period, the project shall proceed to the Planning Board tbr consideration without Committee review. Notwithstanding the foregoing, applications involving only structures requiring review by the Historic ?reservation Commission ~br a certificatc of appropriatcncss undcr Chapter 170, Historic Landmark Preservation Law, of this Code shall not also be referred to the Architectural Review Committee for review. [Amended 2-13-2007 by L.L. No. 6-2007] Upon receipt and review of written comments fi~om each of the agencies to which the proposed site plan was distributed, the Planning Board shall, within a reasonable period of time, not to exceed 30 days, determine whether to require revisions to the proposed plan. No decision on thc application shall be made until the State Environmental Quality Review ActEN process is completed. Af~.cr the Planning Board has dctcrmined that the proposed site plan is suitable for approval, it shall: (1) Fo~wvard the plan to the Building Inspector for final review and certification. (2) Forward the plan to the Fire Commissioner of the fire district within which the site is located for a determination as to whether a fire well is needed and, if so, its location. (3) Notify the applicant, in writing, to make an application for the appropriate curb cut permits. (4) Submit the proposed site plan to the Suffolk County Planning Commission in accordance with the provision of the Suftblk County Charter, if necessary. Upon receipt of the Building Inspector's certification, the Fire Commissioner's response, the curb cut permits and the comments of the Suffolk County Planning Commission, the Planning Board shall place the site plan on the agenda of the next regularly scheduled public meeting. The Planning Board shall hold a public hearing to consider the application. Notice shall be provided pursuant to Chapter 55, Notice of Public Hearings. Notwithstanding this requirement, with respect to applications involving modifications to existing structures with no substantial change to the existing footprint, where the Planning Board determines that such modifications or any change in use will not require significant changes to existing major site design features, as well as applications involving uses strictly related to agriculture (but excepting retail winery operations), the Planning Board shall have the discretion to waive the public hearing rcquirement and may act on such application by filed resolution at a duly noticed public meeting. Prior to the Planning Board's cndorsement of the site plan, the applicant must sign a March 13, 2012 Page 48 Southold Town Board Meeting Minutes statement placed on the site plan indicating his/her knowledge and acceptance of the conditions of approval. Amendments to an existing site plan may be acted upon in the same manner as a uew site plan. ............ ~ ........ `4 ....... ;,~, r~*,~,~ ~A~ e,,~,,~;,,;~;^~ ,,, ~and of this Code. Guaranty of Performance (1) Public Improvemeuts: A guaranty of performance may be required for all public improvements as part of the conditions of approval. If a guaranty of performance is required, the provisions of Article IX, Bonds and Other Security, shall apply. (2) Othcr on-site improvements including, but not limited to, securing the property, buffers, landscaping aud/or screening: A guaranty ofpertbrmauce may be required in an amount to be determined by the Planning Board for the estimated value of on-site improvements as part of the conditions of approval under the following circumstances: (a) where the application involves a commercial property that abuts or is across any public or private street from a residential property. (b) where the application involves a change or intensification of use that may substantially impact adiacent property owners. (3) DeIhult: In the event that the applicant fails to comply with the provisions of this section, and complete the required improvements, the Town Board may thcrcupon declare the said guaranty of perlbrmance (i.e., perfbrmance bond, letter of credit, or other equivalent security) in default and collect the sum remaining payable thereunder: and upon thc rcccipt thereof, the Town shall install such i~nprovements as are covered by such security and as commensurate with tbe extent of building development that has taken place on the property. Where the cost of the improvements exceeds the forfeited security, the additional cost, including, but not limited to, any legal tees incurred, shall be and constitute a lien upon the land upon which the improvements are to be made and shall be included in the levy against such property. Within 10 days of final approval, a copy of the endorsed site plan shall be sent to: (1) The Building Department. (2) The Town Engineer. (3) The Town Trustees, when applicable. (4) The Highway Department. (5) The Zoning Board of Appeals, when applicable. (6) Thc Assessors. The Planning Board shall have the right to deny the proposed site plan for lack of compliance with the provisions of the Town Code, The Planning Board shall notify the applicant, iu writing, within 10 days of such determination, of the reasons for such denial. {}280-132. Duration of plan. A. An approved ' ,4 .... ~ ..... , , · · -m ......... site ...... v ....... plan shall be vahd tbr a period of ...... ~ ....18 months from thc date of approval. All work proposed on the plan shall be completed within three March 13, 2012 Page 49 Southold Town Board Meeting Minutes years 18 months from the date of approval unless a longer period was approved or the applicant obtains an extension from the Planning Board. However, all terms and conditions of any approved site plan or approved amendment are immediately enforceable and compliance is required prior to the commencement of the approved use, unless the Planning Board expressly states an alternative period of time for compliance within the site plan approval. All site plans which have received final approval prior to the enactment of this article shall remain valid for a period of three years from the date of such enactment. This period will begin when all governmental approvals have been obtained. III. SEVERAB1LITY 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 thc 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 tiling with the Secretary of State as provided by law. Vote Record - Resolution RES-2012-252 [] Adopted [] Adopted as Amended [] Der'cared Yes/Aye No/Nay Abstain Absent [] Fabled William Ruland Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supelviso~'s Appt Jill Dohcrty Voter [] [] [] [] [] Tax ReceiveFs Appt Albe~l KlupSki .Ir Sccondc~ [] [] ~D [] ~] Rescinded Louisa P Evans Voter [] [] ~] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-253 CATEGORY: DEPARTMENT: Legislation Town Attorney LL/Site Plan Amends. to SCPC & PB RESOLVED that the Town Board of thc Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Site Plan Approval" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. March 13, 2012 Southold Town Board Meeting Minutes Page 50 Vole Record - Resolution RES-2012-253 [] Adopted [] Adopted as Amended [] Del~ated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christophel Talbot Votei [] [] [] [] [] Supervisor's Appt Jill Dohe~ty Voter [] [] [] [] [] Tax Receivel's Appt Albe~t Kmpski Jr Initiator [] [] {D [] [] Rcscindcd Louisa P Evans Seconder [] [] ID ID [] Town Clerk's Appt Scott Russell Voter ~1 [] [] iD [] Supt Hgwys Appt [] No Action 2012-254 CA TEGOR Y: DEPARTMENT: Property Acquisition Purchase Land Preservation SEQRA/G!fi (~/'Easeme,t Erxon Oil C'O,'l; WHEREAS, the Town Board of thc Town of Southold held a public hearing on the question of acquisition by gift of a conservation easement to land totaling approximately 2.6m acres from Exxon Oil Corp., the owner of record, for open space preservation purposes in accordance with Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold, on the 13th day of March, 2012, at which time all interested parties were given thc opportunity to be heard; and WHEREAS, said property is identified as SCTM #1001-7-5-19 located within the Incorporated Village of Greenport at the southcast comcr of Fourth Street and Clark Street in Greenport, New York, in the R-2 zoning district. The parcel is listed on the Town's Community Preservation Project Plan List of Eligible Parcels as property that should be preserved since it is an undeveloped beachlands or shorcline. The Peconic Land Trust is working with Exxon Oil Corp. to facilitate a conservation outcome tbr this property whereby the Town of Southold would hold a conservation easement, the Village of Greenport would potentially be a party to the easement to enforce the conservation easement, and the restricted tee title of the property would potentially be donated to the Peconic Land Trust. If approved by all parties, the proposed conservation easement will preserve, in perpetuity, the natural habitat, open space and scenic values of the property, and provide opportunities /bt ecological restoration, passive outdoor recreation and education on the site; and WHEREAS, the proposed gilt of this conservation easement to the Town is tbr open space purposes on the property identified as SCTM #1001-7-5-19. The exact area of the property is subject to a Town provided survey. Any and all costs associated with the donation of this conservation easement to the Town of Southold will be paid tbr using Community Preservation Funds; and WHEREAS, the proposed gift of this conservation easement on this property is in contbrmance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, and March 13, 2012 Southold Town Board Meeting Minutes Page 51 WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has revie~ved the application for thc donation, and recommends that the Town Board accept this gift of a conservation easement to the Town of Southold; and WHEREAS, the Town Board dcclns it in the best public interest that the Town of Southold accept this donation of a conservation easement to land totaling approximately 2.6± acres from Exxon Oil Corp., the owner of record; and. WHEREAS, the Town Board of thc Toxw~ of Southold classifies tbis action as an Unlisted Action pursuant to thc SEQRA Rules and Regulations, 6NYCRR 617. I et. Seq.; and, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form tbr this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby accepts this gilt of a conservation easement to this 2.6± acre area identified as SCTM #100I-7-5-19 from Exxon Oil Corp., the owner of record, subject to clear title, environmental site assessment, survey, and review by Town Attorney. The proposed action has been reviewed pursuant to Chapter 268 (Waterfi'ont Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. Vole Record - ResoluOon RES-2012-254 [] Adopted [] Tabled William Ruland Votcl [] [] ~ [] [2 Rescinded Louisa P Evans Initiator [] [] [] [] March 13, 2012 Southold Town Board Mccting Minutes Page 52 VI. Public Hearings Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed 8:05 PM in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell P.H. 3/13 7:32 p.m. Exxon Mobil Gift of Easement RESULT: CLOSED [UNANIMOUSI MOVER: Louisa P. Evans, Justice SECONDER: Christopher TaLbot, Councilman AYES: Ruland, Talbot, Dohcrty, Krupski Jr., Evans, Russell Councilman Christopher Talbot COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN that Town Board of the Town of Southold hereby sets Tuesda% March 13~ 2012~ at 7:32 p.m.~ Southold Town Hall~ 53095 Route 25~ Southold~ New York~ as the time and place for a public hearing on the question of acquisition by gift of a conservation easement to land totaling approximately 2.6± acres from Exxon Mobil Corp., the owner of record, fbr open space preservation purposes in accordance with Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold. The parcel identified as SCTM #1001-7-5-19 is located within the Incorporated Village of Greenport at the southeast comer of Fourth Street and Clark Street in Greenport, New York, in the R-2 zoning district. The parcel is listed on the Town's Community Preservation Project Plan List of Eligible Parcels as property that should be preserved since it is an undeveloped beachlands or shoreline. The Peconic Land Trust is working with Exxon Mobil to facilitate a conservation outcome fbr this property whereby the Town of Southold would hold a conservation easement, the Village of Grcenport would potentially be a party to the casement to enfbrce the conservation easement, and the restricted Ibc title of the property would potentially be donated to the Peconic Land Trust. If approved by all parties, the proposed conservation easement will preserve, in perpetuity, the natural habitat, open space and scenic values of the property, and provide opportunities for ecological restoration, passive outdoor recreation and education on the site. Any and all costs associated with the donation of this conservation easement to the Town of Southold will be paid tbr using Community Preservation Funds. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcels of land are on file in the Land Preservation Department, Southold Town Hall Annex, 54375 Main Road (Route 25), Southold, New York, and may be examined by any interested person during business hours. March 13, 2012 Page 53 Southold Town Board Meeting Minutes I have a notice that it ~vas posted on thc Town Clerk's bulletin board on March 2, 2012 and notice that it was posted in the Suffblk Times on March 8, 2012. That is it. Supervisor Scott A. Russell SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular local law? Councilman Albert J. Krupski, Jr. COUNCILMAN KRUPSKI: Or come up and takc a look at the map. The location is marked on it. Jean Cooper, Greenport JEAN COOPER: Jean Cooper, my addrcss is 414 Clark Street in Grcenport. I was just, I don't have too much intbrmation about the progress of the discussions with Mobil Exxon. I see potential easement and I also potential cove management with the Village of Greenport and I didn't know if there was any more infbnnation about how the negotiations or evcn the discussions are. Obviously the highest and best use of that property would be of course, open space. But we also would like to know just a little bit about where it is going. Years ago there was a covenant and restrictions on the property that disallowed parkland and so on. 1 don't know what the status of it is now. So, having been a little bit behind the times as far as the legal status, can anybody till us in a little bit about it? SUPERVISOR RUSSELL: I would actually ask Peter, Peter Searle is actually fbr the lack of a better word, Steven, I am sorry. Brokering fbr thc Peconic [,and Trust, so he can clarity some of the inner workings herc. MS. COOPER: Okay. Thank you. Stephen Searl, Peconic Land Trust STEVEN SEARLE: I am Steven Searle with the Peconic Land Trust. This is kind of the first step, we have been working with Exxon Mobil fbr a couple of years and I know that some of the immediate neighbors of this property have been in communication with them over the past couple of years as well, about a potential conservation outcome. This is kind of a first step towards that outcome, where the town would potentially hold, if this is approved tonight, would hold a conservation easement. We are now working with the Village to see if they would potentially be a party to the easement, so they would help entbrce the restrictions. And then if that goes forward, then the fee title, after it is preserved would be gilled to Peconic Land Trust. So that is kind or; that is how this would progress. I think you had another question, about the highest and best usc. MS. COOPER: My understanding is and I am not really privy to it now, is that originally there were covenants and restrictions tbr the use of that property. As far as parkland. I didn't know if that was still in effect? MR. SEARLE: There is none that I am aware of} March 13, 2012 Page 54 Southold Town Board Meeting Minutes MS. COOPER: There is none that you are aware or: MR. SEARLE: This is obviously to move in that direction. We are not, it is not necessarily parkland but it is to preserve the natural habitat and basically, the end use would only be tbr ecological restoration, for passive outdoor recreation, tbr education. It would be, this essentially, a conservation easement would essentially be that covenant and restriction but we are calling it a conservation easement. It is not unlike what the farmland, most people are familiar with the thrmland program, farmland protection program where a conservation easement is put on the farmland and the owner, of course, retains the underlying fight subject to those restrictions which can only allow farming, can allow residcntial development, industfial, commercial except fbr agriculture. In this casc, it is an open space conservation easement, there is even more restrictions in that the only thiug left that thc Pcconic Land Trust could do is ecological restoration, limited passive outdoor recreation and educatiou. The, assuming we all kind of move forxvard with this, assuming the town moves tbrward on the conservation easement tonight and the full conservation outcome is reached, the Land Trust is working with the community, with the town, with the neighbors ou coming up, kind of fleshing out what that actual plan will be. We realize that there are some things that we as a community will probably want to discuss and that perhaps neighbors arc going to want to see happen there but that is to come, we have some ideas of course and I think Exxon has communicated with the neighbors on some of those ideas including a maritime grassland and some other things but in any event, we are going to kind of resume that conversation once we get through this process. You know, first and fbremost, is just to ensure that the property is couserved. And is, you know, again I want to make surc that everybody realizes that this is a donation. Any costs associated with the actual conveyance and the transfer would be covered by the Community Preservation Fund. But it is a donation, both the conservation easement and the underlying fce title. MS. COOPER: This is the first step to preserving that. MR. SEARLE: Exactly. First the preservation of it. Right. And then the long tenn will hopefully be the Peconic Land Trust stewarding and managing the property. COUNCILMAN KRUPSKI: And the town has a good relationship with the Peconic Land Trust and we have a good track record and good history of working together. I think Exxon took the approach of having the Land Trust own it and thc Town and the Village have an easement over it. sort of a buttons and suspender approach to make sure that in the future, going tbrward, there are a lot of safeguards there to make sure it is always going to be fbr its intended use. MS. COOPER: Thank you for that iufbrmation. SUPERVISOR RUSSELL: Thank you. Jill Dunbar, Greenport JILL DUNBAR: Jill Dunbar, 312 Fourth Street, Greenport. Steven, what is passive recreational use mean and cducational use mean? Just could you describe how that may play out in the ncighborhood? March 13, 2012 Page 55 Southold Town Board Meeting Minutes MR. SEARLE: Sure. It's, the best example right now, the passive use is people walking on the beach. I would expect that that would continuc. To the extent that there is a trail through the middle of the property eventually, once there is ecological, once the property is restored to some native habitats, fbr example thc maritime grassland as I said befbre. Once that is restored, it is possible that there could be a trail down the middle to the beach. 1 don't know, these are things that we are going to have to work on. I do see it very passive though, not a playground, I think it is going to be very passive and similar to what the use is today. I could also see it, in the short term, being fenced off... MS. DUNBAR: It is. MR. SEARLE: Yes, but even going forward in the short tcrm, of course, being fenced off in order to ensure that the, whatever native grasscs, whatever we plant is actually, becomes established but eventually pcrhaps opening that up to the public. But that is going to be discussion that we want to make sure we have with the community, with the neighbors and this is not going to happen right away. All of our future plans are also contingent on not only community input but potential resources too. So 1 wanted to state that right away as well. You know, we are going to have to come up with the resources in order to do whatever kind of ecological restoration. The educational component, I think is really closely related to the restoration. To the extent that we can have community members, school groups, help us do the restoration. That is where thc cducational piece comes in. Laura Santisi, Greenport LAURA SANTIS[: Hi, I am Laura Santisi of 143 Fourth Street. I have the property directly across the street so I aln one of the neighbors but I don't know how many of the neighbors are actually looped into this whole discussion. There are some of us here and how do we get onto the email list'? MR. SEARLE: I can help with that, I can help facilitate that. Exxon Mobil has a list and has met with a few people. I realize it has been kind of small scale and very perhaps limited at this point. We can certainly bring you up to speed, we will absolutely bring people up to speed if the conservation outcome is achieved. MS. SANTISI: Right. MR. SEARLE: There is no question about it. MS. SANTISI: And how do we know which way the town of Greenport is leaning? Is that a stupid question to ask? Or inappropriatc? COUNCILMAN KRUPSKI: Well. it is hard to ask us. MS. SANTISI: Because you get taxes from Exxon Mobil right now, correct'? You get tax money from it'? COUNCILMAN KRUPSKI: Yes. March 13, 2012 Page 56 Southold Town Board Meeting Minutes MS. SANTISI: So would it be better off to just leave it the way it is, is that how you are feeling or should l just shut up about this'? SUPERVISOR RUSSELL: Well, first the Village has, we had asked the Peconic Land Trust from the very beginning to engage the Village Board to make sure that there is Village support for it because it is in their jurisdiction. I think the assessed value on the property right now is about $16,000. Yes, you do get some tax money for the Village coffers and the Town coffers, what we fuund at the town level however, is that surrendering that assessment is a small price to pay for thc larger community benefits. I actually, my twin brother used to own the house right across the street from the parcel... MS. SANTISI: I know, wc bought that house. SUPERVISOR RUSSELL: Oh, did you'? I can assure you, then I look t:amiliar to you. I wasn't at the closing. MS. SANTISI: And he told us that no one was allowed to build on that property and then some of the other neighbors said. oh, no, no, that is not true. You can get eight apartments or something .... SUPERVISOR RUSSELL: I can't speak to what the zoning allows fbr in that zone, 1 would ask one of the Trustees that might be in attendance tonight to address that. My, 1 do not know, it is the Village code, we don't administer that. but I do know that at the town level, we fbund that the small, the assessment gets lost because it rolls over to a tax exempt status. It is a small price to pay fbr the larger benefits to the community, not just immediately but to the broader community. We acquired several waterf?ont properties town wide, the Bittner estate, Dam Pond, places like that. and they have all led to a great asset for each of the communities. And wheo we talk about passive, we are not talking about lifeguard chairs and swimming or anything like that. we are talking about very passive uses, and in most cases I would imagine that the uses would be limited to daytime, not after nightfall. Just like the beaches. MS. SANTISI: Thank you. Luanne Miller, Greenport LEUEEN MILLER: Leueen Miller, 424 Fourth Street. I would be very interested getting on the email loop list as well. We have had a house on Fourth fbr about 40 years, I remember actually when the Mobil tanks xverc there. And 1 have basically two questions. 1 understand that there is a lot of toxic clean up that still needs to be done and I think that that would have to be done profbssionally. I know that some of it has been going on Ibr a number of years but how much remains and what the cost of the remaining aspects of it, I am not aware of. And while certainly my family will be delighted to have it reserved as a nature preserve, it is one of the most beautiful properties in Greenport and I would also be interestcd in to what extent moving ott'the tax map of Grccnport would impact the Village which is already kind of strapped economically and has a number of properties that are not tax bearing or tax exempt, I should say. So those are some of the questions but certainly I would think it is wonderful if it can be rcstored to a March 13, 2012 Southold Town Board Meetiog Minutes Page 57 preserve for the community. SUPERVISOR RUSSELL: I don't want to speak Irbr the Peconic Land Trust but I know that they are actually commissioning a full environmental review of the site. Any remediation, any cost of the remediation that needs to take place, is going to be borne by the company that is gifting the easement. In other words, it is not going to be paid for by CPF money or with community funds or tax dollars. It is going to be paid for by the gifting, Exxon in this case. MS. MILLER: Okay. Great. Thank you. MR. SEARLE: And I might also add that there was a, the DEC did issue a no further action letter back in 2004 based on rcmediation that Exxon Mobil had doric at that time. Dan Durett, Greenport DAN DURETT: Like the other speakers befbre mc, I am a Greenporter. Dan Durett, 505 Wiggins. At Wiggins and Filth. I like the idea of this being preserved as passive open space like the others that have spoken already. My major concern is, in fact, any residual remediation that has to be done and the cost of it. it is great to hear that Exxon will be bearing the cost of the remediation but it is the community that will have to bear the cost of whatever trucks may need to come or the cartage of soil and replacement. I would like to ask that the Peconic Land Trust enhance its outreach to not just the immediate neighbors, those adjacent property owners, but other than Greenport and certainly that also l'alls on the Village of Greenport to do a greater job and as others interested in the DEC's finding of no further action and having that document available. But perhaps even beyond that, assuming we get through all of these other hurdles, I am concerned about the educational component. I think in Riverhead there is major development that is going forward that is using education as a key for an exception in some zoning, it is known as the YMCA. Well, l was trying to be polite and not mention by name, so I am quite keen on what the educational component will be, is it going to be K-12, will there be some opportunity for students beyond Grecnport? Other high schools, some of the environmental clubs that are targeting youth? ls the education going to be the residents or is education more broadly defined? Also, I am concerned about beach erosion, sea level rises and how that will be addressed over the years. Wc know what that tide is now but three to five years from now and 10 years Ir'rom now, that beach may not even exist. Again, I don't want to discuss climate change and thing like that. I think these are all things that need to be considered and certainly the town is to be commended Irbr taking this action, god ~brbid it should be up Irbr development but I think these are some concerns that not only the town but certainly Greenport needs to take into consideration and if you can get my name on the list as well, 1 would like to attend that meeting in Greenport. Certainly it would savc me a lot more gas that I would not have to give Exxon. Thank you. COUNCILMAN TALBOT: Anybody that has any questions regarding passive recreation, l think if you reach out to like Troop 39 in Mattituck and some of the other scouting troops to try to use the Laurel Lake Preserve, which is passive recreation and they have a hard time running around there so, I think passive recreation is pretty passive. SUPERVISOR RUSSELL: Would anybody else like to addrcss the Town Board on this? March 13, 2012 Page 58 Southold Town Board Meeting Minutes Laura Napoli, Exxon Mobil LAURA NAPOLI: Good evening, I am Laura Napoli from Exxon Mobile. Just wanted to address that a little bit to this audience. In terms of passive recreation, that is something that we have worked very closely with the Peconic Land Trust on. And in terms of what that will entail, there will be some constraints on that because within the conservation easement, Exxon Mobile is working closely with Peconic to actually define those prohibited uses. So in relation to the comment on the YMCA, we will not allow structures on the property, so there will be no construction on the property. So I just wanted to make that clear, that in that easement which will be a publicly available document, you can actually look at those prohibited and permitted uses to understand exactly what can happen on that property. So I just wanted to clarify that. and certainly within the corporation there is that concern and we have, we intend to make a commitment that we preserve thc natural environment thc way it is, with the enhanced, the ecological enhancements that Steven has referred to but that is our intent, to keep it in a natural state, which is why we have chosen to partncr with Peconic Land Trust. Councilman Krupski COUNCILMAN KRUPSKI: Laura, thank you. This town has invested a lot in open space and this is a real gilt to the community and it is going to be something that we will be able to enjoy for generations. So we really appreciate it. Supervisor Russell SUPERVISOR RUSSELL: What we also envision is an opportunity to provide some open space to the Village of Greenport, who has contributed a great dcal to the Community Preservation Fund and these are these little pocket parks that, and I shouldn't probably use the term here because pocket parks would imply a more excessive use but these little pocket areas of preservation are one way that we can see some of the CPF money returned to the people of the Village of Greenport. Would anybody else like to address the Town Board on this issue? (No response) Closing Comments Supervsior Russell SUPERVISOR RUSSELL: That concludes the agenda, so I would invite anybody that would like to comment on any issue to please feel free to come up at this time. Peter Terranova, Peeonic PETER TERRANOVA: Good evening, Peter Terranova, Peconic. I had to work today but I understand there was a discussion regarding the Goldsmith Inlet jetty draft environmental impact statement. And there was a call to adopt it. the draft EIS of August 2009 as you all know was prepared tbr the project of shortening the Goldsmiths Inlet jetty. It was wisely not acted upon by the Board at that time because I believe it was demonstrated at a number of public hearings that its contents and the study that it was based upon was flawed and full of inaccuracies. To adopt the previously rejected draft ElS as it relates to the erosion that is now being experienced on the east side of the inlet is totally without merit. The jetty was completed as you all know in 1964, alter 45 years suddenly thc jetty is responsible tbr this accelerated erosion that we are seeing now on the east side, that seems hard to believe. Many areas throughout thc town arc March 13, 2012 Southold Town Board Meeting Minutes Page 59 experiencing severe erosion as you all know, we have all had to deal with it, including town beach, the area just west of the town beach, Hashomamaque Cove, the Duck Pond point area at the end of Depot Lane, very severe erosion. The current group think, led by the group to save Goldsmith Inlet has convinced the town that the primary cause of pollution in Goldsmiths Po~d would be removed by restoring what they consider to be full tidal flow, despite the fact that we have no scientist has ever said that the primary cause of pollution is tidal flow related and despite this, the town has pursued this path. The question that ! have, has the dredging that we have done over the past five years reduced the level of pathogens in Goldsmith Pond? Nobody knows. The dredging of the past five years alone has removed upwards of 65,000 cubic yards fi'om the inlet mouth and channel. It is no wonder that this erosion that we are now seeing has occurred. To move forward with the draft ElS, someone has to prove conclusively that shortening of the jetty which is called for in the draft EIS, will halt this erosion. Rather, the town should responsibly seek to understand the dynamics and consequence of success years of deep channel dredging without the benefit of bank containment structures. As you keep dredging year after year, deeper and deeper, those banks collapse and the erosion just migrates itself to the east. Peconic Soundshores Association welcomes the opportunity to participate in any endeavor that seeks to find out, okay, what are the causes of this erosion that we are now seeing and how we can mitigate that erosion because nobody likes to see any part of our shoreline be reclaimed by the sea. Thank you. COUNCILMAN TALBOT: Peter, this took place before I got on the Board and it obviously took place before Jill got on the Board and we had asked Jamie Richter to present it back to the Board. He discussed it, minor today. We just agreed to bring it back up for discussion and whether we may or may not adopt it. And we were just going to .... MR. TERRANOVA: I gmess the point I am trying to make is that the environmental impact statement that was voted down by the Board okay, was for a specific project. COUNCILMAN TALBOT: It wasn't voted down, it just wasn't voted upon. MR. TERRANOVA: It was voted down, 1 was here. It was voted down. COUNCILMAN KRUPSKI: This is all part of a .... ASSISTANT TOWN ATTORNEY ANDALORO: Technically it was never received by the Board and released for public review. MR. TERRANOVA: The point I am trying to make is that the EIS that was prepared, was prepared in response to a specific proposal and that proposal was shortening the Goldsmith Inlet jetty. Now, if we have a new project and that new project is let us understand and find out what we need to do to mitigate the erosion that is occurring on the east side, that's a different project. Okay? To substitute onc project for one that is completely different, okay, is nothing more than a canard. It is a bait and switch. Okay, so let's find out, as Lillian Ball said two weeks ago, I read in the transcript, we don't really know what it going on and ~-br Lillian Ball to say she really doesn't know what is going on, that means we really don't know what is going on. Okay? But March 13, 2012 Southold Town Board Meeting Minutes Page 60 we have been pulling sand out of that mouth of that inlet, okay, religiously every January, okay. As mother nature wants to replenish thc sand in that area, we go in and take it out. And we have nothing on the banks, either the cast side or the west side, to keep those banks from flowing in and filling in the deep hole that is generated every year, okay. It is just anecdotally one could say that for 45 years, okay, since the jetty has been there with there, we haven't, the erosion on the east side has been no different than anywhere along the coastline. Only during the last five or six years, when we have religiously been pulling so much sand out of that area and pushing it further east beyond the area that is now the subject of this accelerated erosion, all ora sudden we are seeing an accelerated erosion, okay? Now a big chunk of that dune was taken out by the December 26, 2010 storm which is the same storm that wiped out town beach, okay, that wiped out about 400 feet of vegetation on thc blufl~ west of the inlet, about '¼ mile west of the inlet. Okay. And that is one of the reasons, by the way, why you are seeing so much sand now flowing around the jetty and accumulating what the Army Corp of Engineers calls a bypass spit, okay, just to the east of thc jctty. Because what is happening is the bluff is eroding to the west. It is dumping all ot' that sand in the Sound, there is a huge sand bar out there and you just get the slightest amount of northeast wind and that sand is pushed right into the inlet. Okay? Not unlike similar problems you are having in Mattituck with inlet, with sand coming into an inlet. But even though we have not had a severe north easter this year, that sand is out there. Now, that begs another question which is beyond the scope of what ! wanted to talk about here and that is over the course of the years, we have all talked about beach replenishment and where is the sand going? Or where is it coming fi*om or where is it not coming 1'rom? Well, we all know where it is not coming from, it is not coming ii'om the erosion of the bluffs. Which historically has been our source of sand and it hasn't been coming from the bluffs because we have permitted the bulkheading and the armoring of thc bluff coast. Don't get me wrong, I am not here to say those property owners shouldn't be allowed to do that, all I am saying is we need to understand why our beaches are not being replenished with sand. in the casc of Goldsmith's Inlet, there is a lot of sand out there right now and it is flowing around the inlet, okay, flowing around the jetty. And it is, you know, plugging up the inlet. Now by this time next year there is going to be a lot of sand and we are going to pull it back out again if we dredge again. That is why that portion of the beach, I believe, okay, it deserves to be looked at as the cause of the accelerated erosion. Now, we have believed, we have thought, in fact, common sense will tell you, if we push more water in, more water will come out. So we dredge deeper and wider every single year. But do we have proof that it is reducing the amount of pathogens in the pond? We don't. Nobody has a chart that says after year one the pathogens came down by 10 percent and after year two came down by another 10 percent. Nobody knows. We don't even know the source of the pathogens yet. Hopefully, this study that is going to be done by Comell will help identify some of that. Or with the management plan that Mark Terry I know is working on, to do the DNA testing so we can find out where the pathogens are coming from. But we have no proof that pushing more water in and out does anything to change that, yet we have gone on fbr the last five years deep dredging that inlet. And not this year but the year beibre, you know, we dug even deeper. And it has caused even more problems. In addition, when we deep dredge like that, we allow all the fines, you know, we remove the coarse aggregates at the base of the channel and we allow all those fine sands to flow into the inlet which as you know, has become a real problem. COUNCILMAN KRUPSKI: The purpose of the dredging, the different dredging options, March 13, 2012 Southold Town Board Meeting Minutes Page 61 because we have such a limited dredge window, had to do as much work as we could, in order to try to keep it open fur the whole year. MR. TERRANOVA: Al, I am aware of all of that. okay. I know that and I know that is a constraint on the town. Okay. But you know, sometimes I think we are doing the wrong thing for the right reason and then there are some unintended consequences. COUNCILMAN KRUPSKI: Well, we are always revisiting that. MR. TERRANOVA: Okay. My point that I wanted to make, is that the draft EIS fbr shortening the jetty has nothing to do, it is completely separate, t~om the issue that we are now facing and we want to addrcss with the erosion on the east side. We have to understand what that issue is over there. Okay? Because shortening the jctty may very well make it worse, not better. COUNCILMAN KRUPSKI: That is the whole point of reviewing it. MR. TERRANOVA: You review it undcr a diffcrcnt, under a different management banner if you will, okay? Don't vote to adopt the ElS because t hat has other implications, okay? Let's fully understand, let's go out and find the best minds to give us a clue, okay, as to what exactly is going on and what was the potential impact of this deep dredging that we have been doing for the past five or six years, okay. That was my message. Thank you. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Would anybody else likc to addrcss thc Town Board? Robert Dunn, Peconic ROBERT DUNN: Robert Dunn, Peconic. I have learned a lot t~om Peter in both tonight and previously when he spoke in January about the dredging and l might agree with some of it. the deep dredging. There seems to be a lot of concern, I am kind of like monkey in the middle on this. I have got Goldsmiths Pond on one side of me and the jetty to the other. I just look at the water coming closer to my house across the street. 1 have only owned thc house for 2 years and my house is probably 20 feet closer to the water than it was. As tar as, my main concern is, everything ought to be on the table. Whatever the solution is, we have to consider everything. We have to consider the pond, we have to consider tbe pollution in the pond, I believe the study that is about to happen is going to tell some of where that is coming from but we also need to discuss the jetty. I mean, nobody has told me anyway, I don't know what has gone on befure but nobody has shown me why the jetty was put there. What is the purpose to this jetty and what is it's place in the big picture? I mean, Goldsmiths jetty or Goldsmiths is not, Goldsmiths is really Goldsmiths basin and it involves a lot more than the jetty, it involves a lot more than the beach and if we don't correct the problem, what we are talking about Goldsmiths beach will be Sound Avenue soon. If the dune on the east side continues eroding, Goldsmiths Pond is not going to be a pond, it is going to be a bay. And it will be lapping at Sound Avenue. So it is a big picture. We do not know, yes, Peter raised the issue a little while ago, we do not know why all of a sudden after tbur years we are making all this. Well, maybe the jetty has caused something to reach its (ioaudible) point. Maybe the dredging has. Maybe anything. But we need to include March 13, 2012 Southold Town Board Meetiug Minutes Page 62 everything. I don't believe by approving or disapproving thc ElS, we are saying we are going to take down the jetty because 1 don't know that taking down the jetty is the solution. But we need to go in this fully open minded and we need to stop saying lct's do this, let's do this, let's do that. we have got to do something. We can't attack this with, can't go after the jetty because you know what? There is a point to be made if you did take down the jetty, all that sand that is now built up to the west is going to end up in the pond or fill the channel. As far as I know, when you have a jetty on an inlet, you always have two. One on either side. So what happened? Did we build half a jetty? Well then, let's stop talking about taking down the jetty and build the other one and COITect that thing that was done long, tbur years ago. If that can't be done, well, let's find out what can, what is right. Let's not just say we have got to keep the jetty because it is preserving, we don't know, what has the jetty done, has anybody said? Or what hasn't it done? It is notjust the jetty. It's .... COUNCILMAN KRUPSKI: It is the whole system. MR. DUNN: Everybody jumps up on the jetty. And I mcan, I wasn't here lbr it but I heard about the whole bunch of wars that went on in thc past and it creates a lot but it is not just a jetty, it is not just a pond. Every, it's got to be lookcd at as a complete picture. Thank you. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? Hugh Switzer, Peconic HUGH SWITZER: Thank you. Hugh Sxvitzcr from Peconic, Goldsmiths Inlet. A couple of things. One is, I don't believe Peter is saying the town should ncvcr dredge any inlet. I think Peter's point is that perhaps wc could do it different, do it better. Peter, I think you agree with that? MR. TERRANOVA: We need to do so~nething different than what we have been. Inaudible. MR. SWITZER: Perhaps. It is worth looking at so we can understand how to do it better. And I understand that the new dredging committee will have a lot of expertise and we will gain a lot of knowledge on how to do dredging in general tbr the town better so we can gain from that. so I think we should keep the dredging committee and we should continue doing dredging. Let's just continue to do it better. The other point about that there are many factors involved here and that you can't look at one discretely from the others, I think is very valid and in fact, that was the basis for the management plan that you all requested to be developed by Planning Department that was developed and approved by you all, the management plan [br Goldsmiths Inlet and it is the one that we have been operating under since 2008 when that was approved. Most recently, there is a grant from the county and that grant is intended to do exactly what these gentlemen have been speaking about and that is to first the tidal flow analysis, which Cornell Cooperative is going to do. Secondly, do the DNA analysis, which Comell is also going to do and then it is going to continue in a series of efforts that will lead to a broad bascd recommendation that says here are all the f;actors, here are the alternatives and here are the recommendations. So I think if we stay the course with the county effbrt, we will address the various diffcrcnt issues and we will March 13, 2012 Page 63 Southold Town Board Meeting Minutes do it in a symbiotic manner, not individually and we will come to a conclusion that makes sense fbr everybody and as Peter has said and as Bob said, deals with the different components and the different interfaces and interactions between those. So [ am just, it is a plug for continuing with the county project and a reminder that that is intended to combine all the issues and come up with an overall recommendation. COUNCILMAN KRUPSKI: Thank you. MR. SWITZER: Thank you. COUNCILMAN KRUPSKI: Yes, we know it is all one system there and everything is connected there and thc dredging, you know, the sand, the jetty is no longer functional at thc cnd so thc sand doesn't go off shore anymore, it is coming through the end of the jetty so that complicates how the sand flows ()ncc it reaches Goldsmiths Inlet. The sand never used to go on the east side before, when it was first built. Now there is that big block of sand there, that big mass. i mean, how many yards of sand are right on the east side of the inlet? So when we dredge, we tried different dredging strategies to keep it open and with a limited amount of dredge window, we couldn't dredge a little bit in January and say well, we will see what it looks like in May when all thc spring storms have come through, maybe we have to open it up again because then we don't have that option because of DEC and federal Fish and Wildlife, we don't have an option to go in and make a correction later in the season, to keep it open, to keep the flow open. Robert Dunn MR. DUNN: That is something that might need to be addressed. Also, when we talkcd about the big picture, we have been very, my whole involvement here has been based on the armoring and we were very fortunate this winter, although it has continued, the decay and the erosion there has continued but in a much less amount than it was the past two years. The armoring i hope continues and no matter what happens, that is just a stop gap thing... SUPERVISOR RUSSELL: I was going to give you an update and let you know that we are pretty close to securing the permit t¥om the Army Corp, I am sorry, the DEC who has already reviewed our plan and we have the materials so we are almost ready to go. MR. DUNN: That is going to control that part of it, and I am not going to walk away then because my thing is over, I am not. 1 just see again, the big picture. As tar as the dredging, I don't know that you are ever going to find a great solution in going down there (inaudible) going in and tracking out 13,000 and 14,000 yards of material in one period and 1 made the point the last time I was up here, every 4 year old knows when you go and you dig a big hole in the sand and the first wave comes in, the hole is gone. So maybe we need to look at some lower impact dredging with an annual permit that allows you to remove an amount of material rather than a two week period, maybe it can be over the course of the year, you are allowed to take out x amount and there are dredges, portable dredges that can be had tbr 10 gs:and, that are operated by hand .... COUNCILMAN KRUPSKI: Or you could keep it open with a big backhoe or a .... March 13, 2012 ?agc 64 Southold Town Board Meeting Minutes MR. DUNN: Or a backhoe .... COUNCILMAN KRUPSKI: The problem is, we went through this with other creeks when, it's the Magnuson/Stephenson Act that finally filtered down to Suffblk County and to Long Island, they were big on the winter flounder population... MR. DUNN: Understood. COUNCILMAN KRUPSKI: And that is what restricted, the county dredge used to dredge throughout the winter and into the spring, right up to March and so you would kind of miss a lot of those nor'easters and all of the creeks would get done later in thc season. Because of the federal regulation, mostly because of the winter flounder spawning or their concerns about winter flounder, the dredging bas to start in September now in town and it can't go past January 15tl~ .... MR. DUNN: That is a fairly wide window. COUNCILMAN KRUPSKI: But it is a problem because the winter storms will come and fill the creeks in by the springtime, so you get those storms in January, February and March that are going to fill all the creeks in and this is a recent phenomenon, the way the state and the federal government are regulating the dredging. So that is why we had a dredge committee bdbre, it was active, to try to get information on how do they measure the populations of winter flounder? Who did the surveys, how did they do the surveys? You know, all that information. What science did they base their decision on? To tell us when we can dredge to keep the creeks open. And it is pretty complicated and they are pretty rigid about their enfbrcement of their regulations. COUNCILWOMAN DOHERTY: And that is not such a wide window when you consider how many creeks the county has to dredge, it is not just Southold Town, it is the south fbrk and everything, so really to get to dredge each creek, it is not a lot of time. MR. DUNN: But you are not going to, you are never going to get the dredge you are speaking of, to Goldsmiths. COUNCILWOMAN DOHERTY: No. MR. DUNN: It is not deep enough, it is not wide enough. COUNCILMAN KRUPSKI: It is not the county dredge but it is the dredge window that we are concerned about, that makes it almost impossible. MR. DUNN: Okay, maybe the dredging takes a different concept in that at some point in the year, it is going to close and that is they way it is going to be, it is going to be closed tbr a month or two weeks or whatever and that is just, I am just throwing this out. You know, that is just part of the process. I know in Georgica Pond closes up every year at some point. March 13, 2012 ['age 65 Southold Town Board Meeting Minutes COUNCILMAN KRUPSKI: Mmmhmm. MR. DUNN: And i have heard that at times it's closed for two years. It is a much, much bigger entity but there is just, the dredging doesn't have to be this massive thing, it could be low impact, it could be at one point just going down there with some shovels and opening it up, an emergency like. COUNCILMAN KRUPSKI: Mmmhmm. MR. DUNN: It could be going with a smaller machine because you also have to worry about what do you do with the (inaudible). So I .... COUNCILMAN KRUPSKI: Well, we are considering that because it is obvious that what we have been doing, we tried a different tact because of the limited dredge window and that .... MR. DUNN: Well, that limited dredge window might be forcing us to do things... COUNCILMAN KRUPSKI: It did. That we don't want to do. MR. DUNN: That we don't want to do. COUNCILMAN KRUPSKI: Absolutely. MR. DUNN: Because we are going there and in a couple of days, we have got to do everything for a year. Well, so maybe we need to address that and they can talk about flounder, they can talk about scallops, they can talk about anything else that might come out of there. If the pond dies, nothing will live. So if you are trying to save some winter flounder now and then ultimately the pond dies and goes fallow, well, nothing is going to live there, ever. Thank you. MR. TERRANOVA: Just to reinforce what Bob said, and I understand the dredging window and the winter flounder and 1 believe, I am not certain, but I believe what the DEC is concerned about with winter flounder, the spawning that occurs you know, inside the pond, is that they don't want dredging to occur especially on an incoming tide because all that sediment then, you know, the fines and everything is loosened up and flows in and impacts the spawning beds. But 1 recall as a kid, before the jetty was built, if the inlet, the rule of thumb was, if the inlet stayed plugged up fbr more than a month because over the course of a month, you had that high lunar cycle tide that's about a foot higher than your regular high tide. If that didn't open it up, okay, they just used to come down with a little bulldozer and just nudge a little sand in there, the built up water in thc pond would flush it out and then it would stay open. That is what I think Bob is referring to with the low impact. Now, maybe we need to sit down with the DEC and I don't know if Jamie has done this or not, I have mentioned it to him. To sit down with them, maybe we can reach an accommodation to say, hey, listen guys, we are doing more harm than good right now. This is what we would like to try. But in the event that the inlet stays plugged up ~br more than a month, if we go down there with a bulldozer on an ebb tide, an outgoing tide, so no sediment is allowed to go in but it is done on an outgoing tide, would they permit something like March 13, 2012 Page 66 Southold Town Board Meeting Minutes that? Perhaps. I don't know. I have never had a discussion with the DEC and I don't know how accommodating they are and Al, you perhaps have more experience with that than I. But it is a thought. Thank you. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? Dan Durret, Greenport DAN DURETT: Dan Durett again. Grcenport. I want to take a moment to applaud the Board's action in passing the resolution 225 which is public service and the shadowing, job shadowing with Christian Davis. Ironically, I happen to know this young man and his f;amily. I think his shadowing of the Town Clerk will do wonders tbr his education at this point and also the future plans that he has. He is a young man in Greenport who I think has a lot of potential. So this is really wondcrful to see, I am just pleased to see it and I would also, this program of shadowing maybe Peter, Robert and Hugh would like to have some students from Greenport or Mattituck or Southold to shadow them. The wealth of knowledge that you guys have as I interact with youth, kids, you know, it is a wonderful opportunity. So I just want to take a minute and say thank you lbr passing this. COUNCILMAN TALBOT: You're welcome. Supervisor Russell SUPERVISOR RUSSELL: Thank you. (No response) Would anybody dsc like to address the Town Board? Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:56 P.M. Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER: Albert Krupski Jr., Councihnan AYES: Ruland, Talbot, Doherty, Krupski Jr., Evaos, Russell