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Home My WebLink AboutAG-04/10/2012ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER FINAL AGENDA Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631 ) 765 - 1800 www. southoldt own.northfork.net SOUTHOLD TOWN BOARD April 10, 2012 7:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Agenda is generally available the Friday before the meeting. The video of the meeting is usually available 1-2 hours after the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed in one of two ways: (1) The town of Southold website: southoldtown.northfork.net Click on "Town Board On- Line"; Click Box "Yes" to be redirected to IQM2 and you will then be redirected to the Town Clerk online site. (2) www.townclerk, com Enter zip code 11971 in box on lower right hand side and "enter". On the left hand side of screen a dark blue box will pop up, you will see "Town of Southold, Long Island, NY", click on this and another box will pop up that will tell you that you are being directed to another site click on "Yes" to go into the Town Clerk site. Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the meeting by clicking on the camera symbol. All of this information is available 24/7. If you would like help navigating the site, please feel free to call my office 631-765-1800. CALL TO ORDER 7:30 PM Meeting called to order on April 10, 2012 at Meeting Hall, 53095 Route 25, Southold, NY. I. REPORTS 1. Zoning Board of Appeals March 2012 2. Special Projects Coordinator Southold Town Meeting Agenda - April 10, 2012 Page 2 March 2012 3. North Fork Animal Welfare League December 31, 2011 4. Department of Public Works March 2012 5. Zoning Inspector March 2012 II. PUBLIC NOTICES 1. New Liquor License Applications Vincent Mone, 9095 Sound Avenue, Mattituck E & C Club and Restaurant, 3800 Duck Pond Road, Cutchogue Bonnie Jeans, 55765 Main Road, Southold III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 - Phillip Beltz, Amy Burus-MacGnire, Tony Cocheo, Linton Duell, Carolyn Fahey, Rona Smith Economic Development Committee Report and Update 2. 9:30 - Mark Terry, Hugh Switzer, Lillian Ball Goldsmith Inlet Management Plan 3. 10:00 - Leslie Weisman ZBA 2012 Training Schedule 4. Mattituck Inlet Natural Resource Management Plan Project 5. Mill Road Drainage Plan 6. Streetlight Upgrades 7. Bicycling Events 8. No Truck Traffic on Love Lane 9. Greenport Fire Dept. Permit to Display Fireworks Fee 10. Contractor License Requirements for Disposal Permits Southold Town Meeting Agenda - April 10, 2012 Page 3 11. LL/Amendments to Chapter 83, Waterfowl & Gull Feeding & Pet Waste To be set for PH 12. LL/Amendments to Chapter 280, Second Dwellings To be set for PH 13. LL/Amendments to Chapter 237, Utility Poles To be set for PH 14. LL/Amendments to Chapter 280, Site Plan Amendments PH scheduled for tonight 15. LL/Amendments to Chapter 111, Coastal Erosion Hazard Areas Refer to Code Committee 16. 11:45 - Phillip Beltz, Heather Lanza, Don Wileenski, Martin Sidor Comprehensive Plan - Draft Agriculture Chapter 17. 12:14 Executive Session - Melissa Spiro, Land Preservation Proposed acquisition of property, discussion of which would effect the value thereof 18. Executive Session - Labor Matters involving employment of particular person(s) 19. Executive Session - Litigation Daniel G. DeMato, et al.v. Town of Southold, et al V. RESOLUTIONS 2012-306 CA TEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated April l0t 2012. Southold Town Meeting Agenda - April 10, 2012 Page 4 v' Vote Record Resolution RES 2012 306 [] Adopted [] Adopted as Panended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-307 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set ~Vext Meeting 4/24/12 4:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held~ Tuesday~ April 24~ 2012 at the Southold Town Hall~ Southold~ New York at 4:30 P. M.. v' Vote Record Resolution RES 2012 307 [] Adopted [] Adopted as Panended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-308 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Architectural Review Committee Appointment & Reappointment RESOLVED the Town Board of the Town of Southold hereby appoints Stephen Geraci and reappoints Ronald McGreevy to the Architectural Review Committee for three years, effective through March 31, 2015. Southold Town Meeting Agenda - April 10, 2012 Page 5 · / Vote Record Resolution RES 2012 308 [] Adopted [] Adopted as Panended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-309 CA TE GO R Y: Refund DEPARTMENT: Town Clerk Re fund for HRC Payment RESOLVED the Town Board of the Town of Southold hereby authorizes a refund of $275.00 to Catherine Marangas for unused fee to Katinka House for Theodore Marangas for the period from February 14 through February 29, 2012, as recommended by the Karen McLaughlin, Director of Human Services. · / Vote Record Resolution RES 2012 309 [] Adopted [] Adopted as Panended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-310 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Amend Anti-B ias Task Force Appointments & Reappointments RESOLVED the Town Board of the Town of Southold hereby amends Resolution No. 2012-282 as follows by adding Cynthia Kumelos-Smith whose name was inadvertently omitted for reappointment: RESOLVED the Town Board of the Town of Southold hereby appoints Phillip G. Hoffman and reappoints Rev. Nathaniel Heyward, Michael Domino, Marjorie Day, and Cynthia Kumelos- Smith to the Anti-Bias Task Force for three year terms, effective through March 31, 2015. Southold Town Meeting Agenda - April 10, 2012 Page 6 v' Vote Record Resolution RES 2012 310 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-311 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Oysterponds UFSD 5K Run/Walk on May 14, 2011 Fiscal Impact: Police Department cost for event $233.67 RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to the Oysterponds U.F.S.D. to hold its Annual Charles Woznick Scholarship Fund 5K Run/Walk race on Saturday~ May 12~ 2012 be~innin~ at 10:00 AM and to use and close the followin~ route and roads: Main Road (at school) to Platt Road, Halyoke Road, Orchard Street, Narrow River Road, Harbor Street, Douglass Street, King Street, Village Lane, and Tabor Road, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Kruszeski upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees shall be waived for this event. ff Vote Record Resolution RES 2012 311 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-312 CATEGORY: DEPARTMENT: Budget Modification Police Dept Police Department-Budget Modification Fiscal Impact: $outhold Town Police Department Donation - Marangas Southold Town Meeting Agenda - April 10, 2012 Page 7 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Whole Town General fund budget as follows: A. 2705.40 Gifts & Donations $100 To: A. 3120.2.200.200 Office Equipment/Chairs $100 · / Vote Record Resolution RES 2012 312 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-313 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Catherine A. Ereshon Clerk-Typist RESOLVED that the Town Board of the Town of Southold hereby appoints Catherine A. Kreshon to the position of full-time Clerk Typist for the Assessors Department, effective April 16, 2012, at a rate of $35,766.63 per year. · / Vote Record Resolution RES 2012 313 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-314 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Mattituck Athletic Booster Club 5E Run/Walk Fiscal Impact: Southold Town Meeting Agenda - April 10, 2012 Page 8 Total Police Cost for the Event $313.66 RESOLVED the Town Board of the Town of Southold hereby ~rants permission to Mattituek Athletic Booster Club to hold a 5K Run/Walk in Mattituck on Saturday June 9~ 2012~ be~innin~ at 9:00 AM, and to use the following route: begin at Mattituck High School head south on Maple Ave; cross Route 25 to Reeves Avenue, head south, turn left at New Suffolk Avenue, east and then turn right onto Marratooka Road and proceed south; loop left on Center Street and Bungalow Lane back to Marratooka Road heading north; cross New Suffolk Avenue to Marratooka Lane, left at Route 25, right on Wickham Avenue, right on Pike Street, return to Mattituck High School westerly entrance for the finish, provided: 1. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; 2. Coordinate traffic control upon notification of the adoption of this resolution with Captain Kruszeski 3. No permanent markings be placed on town, county or state roads or property for the event; 4. Any road markings or signs for the event be removed within twenty-four (24) hours of the completion of the event. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees have been waived for this event. v' Vote Record Resolution RES 2012 314 [] Adopted [] Adopted as Panended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-315 CATEGORY: DEPARTMENT: Attend Seminar Police Dept Police Department RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective Sergeant John Sinnin~ and Police Officer Roman Wilinski to attend the Combatin~ Gan~s~ Dru~ Traffickin~ Organizations and Violent Offenders (MAGLOCLEN) seminar in Atlantic Cit¥~ New Jersey from June 11-15 2012. All expenses for travel, lodging and meals to be a legal charge to the 2012 Police Training Budget line- A. 3020.4.600.200. Southold Town Meeting Agenda - April 10, 2012 Page 9 · / Vote Record Resolution RES 2012 315 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-316 CATEGORY: DEPARTMENT: Employment - Town Recreation Establish Summer Seasonal Employee Salaries RESOLVED that the Town Board of the Town of Southold hereby establishes the following seasonal employee salary schedule for 2012 summer employees of the Recreation Department: STILLWATER LIFEGUARDS 1st year ..................................................................... $12.17/hour 2nd year ..................................................................... $12.44/hour 3rd year ..................................................................... $12.72/hour 4th year ..................................................................... $12.99/hour 5th year ..................................................................... $13.27/hour 6th year ..................................................................... $13.54/hour 7th year ..................................................................... $13.82/hour 8th year ..................................................................... $14.09/hour 9th year+ ..................................................................... $14.37/hour BEACH ATTENDANT S 1st year .................................................................. $9.42/hour 2nd year ..................................................................... $9.58/hour 3rd year ..................................................................... $9.75/hour 4th year ..................................................................... $9.91/hour 5th year ..................................................................... $10.08/hour 6th year ..................................................................... $10.24/hour 7th year ..................................................................... $10.42/hour 8th year ..................................................................... $10.60/hour 9th year+ ..................................................................... $10.78/hour RECREATION SPECIALISTS (WATER SAFETY INSTRUCTORS) 1st year ..................................................................... $16.57/hour 2nd year ..................................................................... $16.82/hour 3rd year ..................................................................... $17.07/hour 4th year ..................................................................... $17.32/hour Southold Town Meeting Agenda - April 10, 2012 Page 10 5th year ..................................................................... $17.57/hour 6th year ..................................................................... $17.82/hour 7th year ..................................................................... $18.07/hour 8th year ..................................................................... $18.32/hour 9th year+ ..................................................................... $18.57/hour BEACH MANAGERS 1st year ..................................................................... $13.54/hour 2nd year ..................................................................... $13.84/hour 3rd year ..................................................................... $14.14/hour 4th year ..................................................................... $14.44/hour 5th year ..................................................................... $14.74/hour 6th year ..................................................................... $15.04/hour 7th year ..................................................................... $15.34/hour 8th year ..................................................................... $15.64/hour 9th year+ ..................................................................... $15.94/hour RECREATION AIDES (PLAYGROUND INSTRUCTORS) 1st year ..................................................................... $11.34/hour 2nd year ..................................................................... $11.59/hour 3rd year ..................................................................... $11.84/hour 4th year ..................................................................... $12.09/hour 5th year ..................................................................... $12.34/hour 6th year ..................................................................... $12.59/hour 7th year ..................................................................... $12.84/hour 8th year ..................................................................... $13.09/hour 9th year+ ..................................................................... $13.34/hour LIFEGUARD TRAINER 1st year ..................................................................... $15.74/hour 2nd year ..................................................................... $15.99/hour 3rd year ..................................................................... $16.24/hour 4th year ..................................................................... $16.49/hour 5th year ..................................................................... $16.74/hour 6th year ..................................................................... $16.99/hour 7th year ..................................................................... $17.24/hour 8th year ..................................................................... $17.49/hour 9th year+ ..................................................................... $17.74/hour And be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes the issuance of free beach parking permits to the following employees: Water Safety Instructors, Beach Attendants, Lifeguards, Lifeguard Trainer, Beach Managers, and Recreation Supervisor Kenneth Reeves. Southold Town Meeting Agenda - April 10, 2012 Page 11 · / Vote Record Resolution RES 2012 316 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-317 CATEGORY: DEPARTMENT: Special Events Human Resource Center Approval to Collaborate on Senior Event with San Simeon RESOLVED that the Town Board of the Town of Southold hereby approves the joint collaboration between the Town of Southold and San Simeon By the Sound for a special event in recognition of National Older Americans Month in May. The event "Caretaker Appreciation Day" will be held at San Simeon By the Sound on May 17, 2012 from 4:30-6:30 PM. The Town will assist with expanded outreach efforts to be coordinated through the Department of Human Services. There will no additional expense to the Town related to this special event. · / Vote Record Resolution RES 2012 317 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-318 CATEGORY: DEPARTMENT: Attend Seminar Police Dept Police Department-Dive Training RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to Police Sergeant Richard Perkins, Police Sergeant William HeHnski, and Police Officer Richard Buonaiuto to attend a seminar on Dive Rescue I at the Orient Fire Department, Orient, NY commencin~ on Friday, May 18 through Monday, Sunday May 20, 2012. All expenses for registration to be a legal charge to the 2012 Police Budget Training Line - A.3120.4.600.200. Southold Town Meeting Agenda - April 10, 2012 Page 12 v' Vote Record Resolution RES 2012 318 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&'awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-319 CATEGORY: DEPARTMENT: Consulting Accounting Engage Actuary for GASB 45 Valuations Fiscal Impact: Engage actuary to provide GASB 45 valuation for 2011 and 2012 financial statement purposes RESOLVED that the Town Board of the Town of Southold hereby en~a~es Chernoff~ Diamond & Co. LLC to provide actuarial valuation and related professional services to the Town relative to GASB Statement 45 (Post-Retirement and Other Post-Employment Benefits) for the fiscal years endin~ December 3L 2011 and December 3L 2012~ in an amount not to exceed $12,000 for FY 11 and $2,500 for FY 12, which shall be a legal charge to the Accounting and Finance Department's 2012 and 2013 Actuarial Services budget appropriation (A. 1310.4.500.200). v' Vote Record Resolution RES 2012 319 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&'awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-320 CATEGORY: DEPARTMENT: Refund Town Attorney Refund to Surrey Lane LLC from the Town of Southold RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund (from Account #H3.1189.10) to Surrey Lane LLC from the Town of Southold in the amount of $24~900.00 in connection with its payment of the Community Preservation Fund tax on property in Southold (SCTM #1000-69-5-18.6) purchased by Surrey Lane LLC on December 6, 2011, as Southold Town Meeting Agenda - April 10, 2012 Page 13 the transaction is exempt from the CPF tax. v' Vote Record Resolution RES 2012 320 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&'awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-321 CATEGORY: DEPARTMENT: Budget Modification Fishers Island Ferry District 2011 Budget Modification - FIFD Fiscal Impact: 2011 budget reclass RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated April 9, 2012, which reads as follows: RESOLVED, that the line item modifications to the 2011 budget, are hereby approved in all respects, effective as of December 31, 2011. TO: SM.1310.4.000.000 SM. 1420.4.000.000 SM.1930.4.000.000 SM.5710.2.000.200 SM.5710.4.000.000 SM.5710.4.000.200 SM.5710.4.000.300 SM.5710.4.000.500 SM.5710.4.000.600 SM.5710.4.000.800 SM.5710.4.000.900 SM.5712.4.000.000 SM.9050.8.000.000 FROM: SM.1910.4.000.100 SM.1910.4.000.200 SM.1910.4.000.300 Accounting & Finance, C.E. 55,000 Legal Fees & Fines, C.E. 26,000 Insurance Claims, C.E. 1,000 Repairs Race Point 3,267 Ferry Operations Other 16,000 Utilities Fishers Island 500 Fuel Oil Vessels 100,000 Computer Operations 2,900 Janitorial Supplies 1,100 Uniforms 1,000 Credit Card Fees 20,000 Commissioner Fees 100 Unemployment Insurance 1,500 TOTAL 228,367 Insurance Ferry Operation Insurance Airport Insurance Workers Comp 4,000 7,000 8,400 Southold Town Meeting Agenda - April 10, 2012 Page 14 SM.1950.4.000.000 SM.1980.4.000.000 SM.5610.4.000.000 SM.5709.2.000.000 SM.5709.2.000.100 SM.5709.2.000.200 SM.5710.1.000.000 SM.5710.2.000.000 SM.5710.2.000.100 SM.5710.2.100.000 SM.5710.4.000.100 SM.5710.4.000.400 SM.5710.4.000.925 SM.5710.4.000.950 SM.5711.4.000.000 SM.9030.8.000.000 SM.9060.8.000.000 SM.9710.7.000.000 SM.9730.7.000.000 Property Tax 1,767 MTA Payroll Tax 900 Elizabeth Airport, C.E. 400 Repairs - Other 9,800 Repairs Rental Buildings 12,000 Repairs Docks & Terminals 74,000 Ferry Operations, P.S. 17,000 Ferry Repairs Both Vessels 5,000 Ferry Repairs - Munnatawket 13,500 Fish Ladder 30,000 Utilities New London 3,000 Printed Materials 3,200 Waste Management 5,000 Training/Education 2,000 Office Expense 12,100 Social Security 5,200 Hospital & Medical Insurance 2,000 Serial Bonds Interest 4,400 BAN Interest 7,700 TOTAL 228,367 · / Vote Record Resolution RES 2012 321 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&'awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-322 CATEGORY: DEPARTMENT: Budget Modification Supervisor Budget Modification - Relay for Life Fiscal Impact: To appropriate a donation from the American Cancer Society for the rental ora showmobile from the Town of Southampton for the annual Relay for Life event. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General Fund Whole Town budget as follows: Increase: Revenues: Southold Town Meeting Agenda - April 10, 2012 Page 15 A. 2705.40 Appropriations: A. 4010.4.400.600 Other Donations $500 Showmobile Rental $500 · / Vote Record Resolution RES 2012 322 [] Adopted [] Adopted as Panended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-323 CATEGORY: DEPARTMENT: Recommendations Town Clerk Waive the 30 Day Notification of the Application for a Liquor License by FincentMone RESOLVED that the Town Board of the Town of Southold hereby waives the 30 Day notification for the application ora new Hquor Hcense by Vincent Mone, for a restaurant yet to be named, located at 9095 Sound Avenue, Mattituck (former location of Porto Bello). · / Vote Record Resolution RES 2012 323 [] Adopted [] Adopted as Panended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-324 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Tree Committee Appointment RESOLVED the Town Board of the Town of Southold hereby appoints Donald Grim to the Southold Town Tree Committee effective immediately through March 31, 2013. Southold Town Meeting Agenda - April 10, 2012 Page 16 · / Vote Record Resolution RES 2012 324 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-325 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Execute the Agreement Between the Town of Southold and the GroutP for the East End RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the A~reement between the Town of Southold and the Group for the East End in connection with the beach-dependent species management in the total amount of $7,500.00 for the term April 1, 2012 through March 31, 2013, with automatic renewal option, subject to the approval of the Town Attorney. · / Vote Record Resolution RES 2012 325 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-326 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute &e Agreement Between &e Suffo& County Office for &e Aging and &e Town of Sou&old RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the A~reement between the Suffolk County Office for the A~in~ and the Town of Southold for community services for the Elderly Residential Repair Program, for the period April 1, 2012 through March 31, 2013, at no cost to the Town, subject to the approval of the Town Attorney. Southold Town Meeting Agenda - April 10, 2012 Page 17 · / Vote Record Resolution RES 2012 326 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-327 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney A Execute &e License Agreement for Suffolk County AREIS and Tax Map Product Between &e Town of Sou&old and &e Suffolk County Real Property Tax Service Agency RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the License Agreement for Suffolk County AREIS and Tax Map Product between the Town of Southold and the Suffolk County Real Property Tax Service Agency regarding the Suffolk County Advanced Real Estate Information System (AREIS) and Tax Map License Program, at no cost to the Town, subject to the approval of the Town Attorney. · / Vote Record Resolution RES 2012 327 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-328 CATEGORY: DEPARTMENT: Bid Acceptance Engineering Accept Bid Terry Contracting for Long Creek Drainage Retrofit Projects RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Terry Contracting, 1146 Osborn Avenue, Riverhead, New York to perform all the work required to construct, perform and complete the work for Three Drainage Retrofit Project at Long Creek Drive and Laurel Avenue, Southold, total amount for all three projects $60,900.00, all in accordance with the Town Attorney, and shall be a legal charge to the Capital Fund for Drainage and the Stormwater mitigation bond (H.8540.2.100.150). Southold Town Meeting Agenda - April 10, 2012 Page 18 v' Vote Record Resolution RES 2012 328 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-329 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Engineering Authorize Supv. to Sign Agreement - Terry Contr 'g. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement with Terry Contracting for the Three Drainage Retrofit Projects, Long Creek Drive and Laurel Avenue, Southold, in accordance with the specifications prepared by the Southold Town Engineering and the bid submitted by Terry Contracting in the amount of $60,900.00, subject to the approval of the Town Attorney. v' Vote Record Resolution RES 2012 329 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-330 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attomey Execute the Amendment Between the Town of Southold and the New York State Department of Transportation RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Amendment between the Town of Southold and the New York State Department of Transportation in connection with a no-cost extension of time extending the term of Contract #C022403, PIN SB09.03.321 (North Fork Trail, Scenic Byway, Bay to Sound Project) to January 31, 2013, subject to the approval of the Town Attorney. Southold Town Meeting Agenda - April 10, 2012 Page 19 · / Vote Record Resolution RES 2012 330 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-331 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute Sulololemental Agreement #3 Between the New York State Department of Transloortation and the Town of Sou&old RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute Supplemental Agreement #3 between the New York State Department of Transportation and the Town of Southold in connection with improvements to North Fork Trail along CR 48 (Contract #D030245, PIN 0758.90), amending the Contract end date to October 31, 2014, subject to the approval of the Town Attorney. · / Vote Record Resolution RES 2012 331 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-332 CATEGORY: DEPARTMENT: Attend Seminar Town Clerk NYSTCA Annual Conference RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town Clerk Elizabeth to attend the 2012 Annual Conference of the New York State Town Clerks Association at Saratoga Springs, New York on April 21-25, 2012. All expenses for registration, travel, lodging and meals to be a legal charge to the 2012 Town Clerk whole Town budget A. 1410.4.600.200 & 300 (meetings and seminars). Southold Town Meeting Agenda - April 10, 2012 Page 20 · / Vote Record Resolution RES 2012 332 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-333 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk TO BE TABLED B ike-A- Thon RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to the Bicycle Shows USA to use the followin~ roads for the North Fork Century Bike Ride on August 26, 2012 beginning at 7:00AM: GREENPORT: Moore's Lane, Route 48/25, Chapel Lane ORIENT: Route 48/25, Village Lane, King Street, Narrow River Road SOUTHOLD: Route 48/25, Soundview Avenue, Lighthouse Road, Hortons Lane, North Sea Drive, Kenny's Road, Mill Road CUTCHOGUE: Route 48/25, Bridge Lane, Oregon Road, Alvah's Lane, Moores Lane, New Suffolk Avenue, Kimogenor Point Road, Orchard Street, 5th Street MATTITUCK: East Mill Road, Reeve Road, Grand Avenue, Wickham Avenue, Route 48, Westphalia Avenue, Cox Neck Road, Bergen Avenue, Sound Avenue 1. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; a $100 filing fee; $250.00 deposit for clean-up (deposit to be returned after event upon recommendation of Chief Flatley, Southold Town Police Department); 2. Coordinate traffic control upon notification of the adoption of this resolution with Captain Kruszeski 3. No objects of any kind shall be thrown to event spectators 4. No permanent markings be placed on town, county or state roads or property for the event; 5. Any road markings or signs for the event be removed within twenty-four (24) hours of the completion of the event. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. Southold Town Meeting Agenda - April 10, 2012 Page 21 v' Vote Record Resolution RES 2012 333 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-334 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk TO BE DEFEATED The Night Rider Bike Event RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to the Bicycle Shows USA to use the followin~ roads for the Night Ride bike event on September 29-30~ 2012 beginning at 11:59 PM: GREENPORT: Route 25/48, Moores Lane, Chapel Lane ORIENT: Route 25/48, Village Lane, King Street, Narrow River Road, SOUTHOLD: Route 25/48, Soundview Avenue, Soundview Ext, Lighthouse Road, Horton Lane, North Sea Drive, Kenny's Road CUTCHOGUE: Route 25/48, Bridge Lane, Oregon Road, New Suffolk Avenue, Main Street, Kimogenor Point, Jackson Street, 1st Street, Orchard Street, 5th Street MATTITUCK: East Mill Road, Reeve Road, Grand Avenue, Wickham Avenue, Route 25/48, Cox Neck Road, Bergen Avenue, Sound Avenue, Bay Avenue, New Suffolk Avenue 1. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; a $100 filing fee; $250.00 deposit for clean-up (deposit to be returned after event upon recommendation of Chief Flatley, Southold Town Police Department); 2. Coordinate traffic control upon notification of the adoption of this resolution with Captain Kruszeski 3. No objects of any kind shall be thrown to event spectators 4. No permanent markings be placed on town, county or state roads or property for the event; 5. Any road markings or signs for the event be removed within twenty-four (24) hours of the completion of the event. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. Southold Town Meeting Agenda - April 10, 2012 Page 22 v' Vote Record Resolution RES 2012 334 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-335 CATEGORY: DEPARTMENT: Advertise Town Clerk Advertise for Yolunteer Business Liaison Position RESOLVED the Town Board of the Town of Southold hereby authorizes the Town Clerk to advertise inthe April 19, 2012 edition of the Suffolk Times for the "Town of Southold Business Liaison" volunteer position who will represent the Town's intent in creating an atmosphere that welcomes new businesses and assists in retaining existing businesses. v' Vote Record Resolution RES 2012 335 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-336 CATEGORY: DEPARTMENT: Employment - FIFD Accounting Amended Fishers Island Resolutions WHEREAS, the Fishers Island Ferry District Board of Commissioners has been advised by the Suffolk County Civil Service Department and the Town of Southold of certain discrepancies with regard to the status of two employees; and WHEREAS, the Fishers Island Ferry District Board of Commissioners wants to correct these discrepancies; Southold Town Meeting Agenda - April 10, 2012 Page 23 NOW, THEREFORE, BE IT RESOLVED that Town Board Resolution No. 2012-296 adopted March 27, 2012 is hereby amended to reflect that Polly Ford is appointed as a full time Freight Agent effective March 19, 2012. BE IT FURTHER RESOLVED that, effective as of March 19, 2012, Paul Foley is hereby released from his position as a full-time Freight Agent and appointed to the position of part-time Clerk. v' Vote Record Resolution RES 2012 336 [] Adopted [] Adopted as Panended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-337 CATEGORY: DEPARTMENT: Recommendations Town Clerk Waive the 30 Day Notification of the Application for a Liquor License by Bonnie Jean's RESOLVED that the Town Board of the Town of Southold hereby waives the 30 Day notification for the application ora new Hquor Hcense by Bonnie Jean's, located at 55765 Main Road, Southold. ~ Vote Record Resolution RES 2012 337 [] Adopted [] Adopted as Panended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-338 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Attorney PH 6/5 7:32 PM LL/Wate(owl & Gull & Pet Waste Southold Town Meeting Agenda - April 10, 2012 Page 24 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, onthe l0th day of April, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 83~ Aulmals~ in connection with Waterfowl and Gull Feedin~ and Pet Waste" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 5th day of June, 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 Aulmals~ in connection with Waterfowl and Gull Feedin~ and Pet Waste" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 83, Animals, in connection with Waterfowl and Gull Feedin~ and Pet Waste". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the intent of this Article to protect the health, safety and welfare of the community and to assist the Town of Southold and its wildlife by prohibiting the feeding of migratory, nonmigratory, or resident waterfowl and gulls within publicly owned land or waterways of the Town of Southold. The feeding of waterfowl and gulls increases the potential for damage to lands; can cause water quality problems, beach closures, and contamination of shellfish growing areas; and increases the potential for the spread of disease to residents. In addition, it is the intent of this Article to protect the welfare of the waterfowl and gulls themselves, since wildlife studies have shown that the feeding of waterfowl and gulls can interrupt their normal migration patterns, cause nutritional problems, and promote the spread of serious waterfowl and gulls' diseases such as avian influenza, avian cholera, plague and botulism. This Article also expands the scope of the Pooper Scooper Program to include a prohibition of leaving domestic pet waste on any public property with a goal of further reducing non-point source pollutants and bacteria levels in stormwater mnoft' entering waters of the Town. II. Chapter 83 of the Code of the Town of Southold is hereby amended as follows: §83-6. Prohibited activities. Southold Town Meeting Agenda - April 10, 2012 Page 25 ARTICLE IV Waterfowl and Gull Feedin~ and Domestic Pet Waste §83-17. Del'tuitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third International Dictionary of the English Language, unabridged (or latest edition). DOMESTIC PET (ANIMAL) Any animal that has been bred or raised to live in or about the habitation of humans and is dependent on people for food and shelter. Domestic pets include, but are not limited to, dogs, cats, horses, swine, donkeys, and goats. FEED or FEEDING To place, deposit, scatter, or distribute in a location accessible to waterfowl or gulls any type of food, including but not limited to corn, wheat or other grains, bread, popcorn, scraps, or any substance liable to be eaten by the waterfowl or gulls. PERSON An individual, association, firm, syndicate, company, trust, corporation, department, bureau or agency or any other entity recognized by law as the subiect of rights and duties. PUBLICLY OWNED PROPERTY Any land which is owned, maintained, leased or managed by the Town of Southold for any purpose whatsoever, including but not limited to, parks, preserves, beaches and marinas. WATERFOWL Those species of birds commonly known as "swans", "geese", and "ducks" and any other waterfowl falling under the iurisdiction of the United States Fish and Wildlife Service, and are either migratory, nonmigratory, or resident fowl. WATERWAYS A general term referring to lakes, ponds, streams, creeks, stormwater basins, and harbors. §83-18. Prohibitions. A. Waterfowl and Gull Feeding: It shall be unlawful for any person to: 1. Feed or provide food for any waterfowl or gulls on publicly owned lands or waterways within the Town of Southold at any time of year. 2. Create any condition which results in a congregation of waterfowl or gulls on Town property which: (a) results in an accumulation of waterfowl or gull feces or droppings; (b) results in damage to flora, fauna or property; (c) results in a threat or nuisance to the public health, safety or welfare; (d) results in a threat to the health, safety or welfare of said waterfowl or gulls. B. Domestic Pet Waste: Southold Town Meeting Agenda - April 10, 2012 Page 26 It shall be unlawful for any person, owning, harboring, keeping, or in charge of any domestic pet in the Town of Southold to permit or allow such domestic pet to soil, defile, or defecate on any common thoroughfare, sidewalk, passageway, roadway, highway, street, beach, park, preserve or any other public or Town-owned property; or any place where people congregate or walk; or on any private property without the permission of the owner of said property. It shall be a violation of this Section unless all feces are immediately removed by said person in a sanitary manner and then sealed and deposited in a garbage container. Any feces disposed of in street storm collection systems is prohibited. §83-19. Enforcement. The provisions of this Article shall be administered and enforced by the Zoning Inspector and/or Southold Town Police/Bay Constables who have the power to issue appearance tickets; provided, however, that for the first year after the effective date of this law, such personnel shall only issue warnings for violations of this law. §83-20. Penalties for offenses. Any person committing an offense against any provisions of this Article shall, upon conviction thereof, be guilty ora violation punishable by a fine not exceeding $250.00. §83-21. Statutory Authority. In accordance with Section 10 of the Municipal Home Rule Law of the State of New York, the Town Board of the Town of Southold has the authority to enact local laws and amend local laws and for the purpose of promoting the health, safety or general welfare of the Town of Southold and for the protection and enhancement of its physical environment. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ff Vote Record Resolution RES 2012 338 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-339 Southold Town Meeting Agenda - April 10, 2012 Page 27 CATEGORY: DEPARTMENT: Legislation Town Attorney LL/Waterfowl & Gull & Pet Waste to SCPC & PB RESOLVED that the Town Board of the 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 83, Animals, in connection with Waterfowl and Gull Feedin~ and Pet Waste" to the Southold Town Plannin~ Board and the Suffolk County Department of Plannin~ for their recommendations and reports. ~ Vote Record Resolution RES 2012 339 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-340 CATEGORY: Local Law- Public Hearing DEPARTMENT: Town Attomey PH 5/8 7:32 PM LL/Chapter 237, Utility Poles WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, onthe l0th day of April, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 237, Streets and Sidewalks, in connection with Utility Poles". RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 8th day of May, 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 237, Streets and Sidewalks, in connection with Utility Poles" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 237, Streets and Sidewalks, in connection with Utility Poles". BE IT ENACTED by the Town Board of the Town of Southold as follows: Southold Town Meeting Agenda - April 10, 2012 Page 28 I. Chapter 237 of the Code of the Town of Southold is hereby amended as follows: ARTICLE V Removal of Utility Poles §237-30. Legislative intent and purpose. Utility poles located within the Town are often damaged by traffic accidents, aging, and/or adverse weather conditions and, as a result, may compromise the health, safety and welfare of Town residents. Utility companies may replace damaged poles with new poles directly next to, or in close proximity to, the damaged pole. However, the damaged pole remains in place, leaving both an eyesore and a threat to the safety of nearby residents. This law seeks to address this issue by requiring that damaged and double utility poles be removed in a timely manner and authorizes penalties against utilities if they fail to comply with this requirement. Ultimately, the Town seeks the removal of aesthetically unpleasant, damaged utility poles on roadways, while ensuring the public's safety as they travel such roads. §237-31. Del'tuitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third International Dictionary of the English Language, unabridged (or latest edition). DOUBLE POLE Any utility pole that is located directly next to, or in close proximity to, and is shorter in height than, another utility pole. UTILITY Any corporation, authority, or other entity that provides electric, telephone, cable television or other telecommunications service to the residents of the Town of Southold. §237-32. Removal of damaged or double utility poles. When the Superintendent of Highways determines that a utility pole in a highway or right-of way is damaged and/or a double pole, the Superintendent shall notify the utility that owns or operates the pole that it must remove said pole within 20 days of written notice or be subiect to penalty. §237-33. Penalties for offenses. A penalty of $250.00 shall be assessed for each day the pole is left standing beyond the period for removal. II. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law Southold Town Meeting Agenda - April 10, 2012 Page 29 as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. · / Vote Record Resolution RES 2012 340 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] WithO'awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-341 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Attorney ?H 5/8 7:34 ?M LL/$econd Dwellings WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, onthe l0th day of April, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Second Dwellings" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 8th day of May, 2012 at 7:34 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 Second Dwellings" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Second Dwellings". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. Southold Town Meeting Agenda - April 10, 2012 Page 30 It is the intent and purpose of this law to allow a second dwelling on parcels within the A- C, R-40, R-80, R-120, R-200, R-400 and LB districts that have sufficient yield for two lots within each respective zoning district without requiring the creation of a second lot through the subdivision process upon the approval of the Zoning Board of Appeals. It is also the intent of this law to enhance property values and the health, safety and welfare of the community. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-13. Use regulations. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals... (17) A second dwelling subiect to the followin~ requirements: (a) The parcel upon which the principal dwelling and the proposed second dwelling exist must contain the required amount ofbuildable land for the creation of at least two building lots according to the applicable bulk schedule. (b) A yield map prepared in accordance with the requirements of Town Code §240-10(B) must be submitted by the applicant to the Zoning Board of Appeals and approved by the Planning Board. In addition to the yield map, the applicant shall also submit a yield map review fee of $500.00 to the Planning Board. The Planning Board ma,/require an,/additional information it deems necessar,/to determine the ,/ield. (c) The principal dwelling and the proposed second dwelling shall be served b,/ adequate water and sewer s,/stems approved b,/the Suffolk Count,/ Department of Health. (d) The bulk schedule requirements for principle structures are applicable to the second dwelling. (e)No additional dwellings will be permitted on the parcel. (f) The special exception shall be subiect to a covenant placed on the entire existin~ parcel stating that the second dwellin~ uses one unit or one lot in an,/future subdivision and the future ,/ield is reduced b,/one lot. (g) Parcels that do not meet the ,/ield requirements of §240-10(B)(2) are not eligible for a second dwelling special exception permit. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Southold Town Meeting Agenda - April 10, 2012 Page 31 v' Vote Record Resolution RES 2012 341 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&'awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-342 CATEGORY: DEPARTMENT: Legislation Town Attorney LL/Second Dwellings to SCPC & PB RESOLVED that the Town Board of the 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~ Zonin~ in connection with Second Dwellings" to the Southold Town Plannin~ Board and the Suffolk County Department of Plannin~ for their recommendations and reports. v' Vote Record Resolution RES 2012 342 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&'awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-343 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoints Hearing Officer RESOLVED, that the Town hereby appoints Valerie Marvin as Hearing Officer in the Civil Service Law § 75 disciplinary charges against Town employee #7125; and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes the suspension (without pay for up to 30 days) of this Town employee effective the day after the service of the charges upon the employee and pending the determination of those charges. Southold Town Meeting Agenda - April 10, 2012 Page 32 · / Vote Record Resolution RES 2012 343 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-344 CATEGORY: DEPARTMENT: Employment - Town Town Attorney Approves &e Stipulation of Settlement Between &e Town of Southold and the CSEA DatedApril 1 O, 2012, Concerning &e Settlement of PERB Case No. U-31333. RESOLVED that the Town Board of the Town of Southold hereby approves the Stipulation of Settlement between the Town of Southold and the CSEA dated April 10, 2012, concerning the settlement of PERB Case No. U-31333. · / Vote Record Resolution RES 2012 344 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-345 CATEGORY: DEPARTMENT: Litigation Town Attorney Authorizes Supervisor Scott A. Russell to Execute the SettlementAgreement m Settlement of the Notice of Claim WHEREAS, Edward Jurzenia and Jean Burden served a Notice of Claim against the Town of Southold for certain property damage; and WHEREAS, in light of the costs attendant to proceeding to litigation and a trial and uncertainties of litigation, it is in the best interests of the Town to settle this claim. NOW, THEREFORE, BE IT Southold Town Meeting Agenda - April 10, 2012 Page 33 RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to execute the Settlement A~reement in settlement of the Notice of Claim, subject to the approval of the Town Attorney, the proceeds of which will be funded by the Risk Retention Fund under appropriation number CS. 1910.4.300.800. v' Vote Record Resolution RES 2012 345 [] Adopted [] Adopted as Panended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-346 CATEGORY: DEPARTMENT: Employment - Town Town Attorney Approve ZBA Training Proposal for 2012 RESOLVED that the Town Board of the Town of Southold hereby authorizes and approves the Southold Town Zonin~ Board of Appeals' trainin~ proposal entitled "ZBA 2012 Training" as sufficient to satisfy the trainin~ requirements for Zonin~ Board of Appeals' officials pursuant to Town Law Section 271(7)(a-d). v' Vote Record Resolution RES 2012 346 [] Adopted [] Adopted as Panended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-347 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact LL Site Plan WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, onthe 13th 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" and Southold Town Meeting Agenda - April 10, 2012 Page 34 WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, Now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed 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. 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 for 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. II. 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 III, § 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 ~cvc!~pmcr~ 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 following: 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 Southold Town Meeting Agenda - April 10, 2012 Page 35 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 dcvc!e, pmcra plans, the Planning Board shall take into consideration the public health, safety and welfare, 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 objectives in particular: 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 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. 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 flow of interior pedestrian and vehicular traffic and that for 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. 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 measured three feet above the base of the trunk shall be retained to the maximum extent possible. 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 Southold Town Meeting Agenda - April 10, 2012 Page 36 marshes, dunes, bluff~, beaches, escarpments, woodlands, large trees, unique plant and wildlife habitats, flood hazard areas and wildlife breeding areas. (2) The protection of ground- and surf:ace water from 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 safe 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 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 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. 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 review of comments, or after the time period for 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 filing of the application. Such determination shall also include a written decision as to whether the proposed use is Southold Town Meeting Agenda - April 10, 2012 Page 37 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 for which use a site plan is required pursuant to this chapter, until, if required, an approved site dcvc!e, pmcr~ 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] di 1 i 1 th k: ........ ,:^-^ch., .......... c. No regra ng, c ear ng, tree remova or any o er wor ... v. ~v ...................... site, except limited clearing needed to undertake survey work or soils investigations, may take placew^" ~'~ ..... v~-----~-,:**ha .^~v .~7~,.~ p!acc until the site plan has been approved by the Planning Board or the Planning Board authorizes such work in writing. No certificate of occupancy shall be issued for 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, renovated, reconstructed, altered, moved or put into use), and the site is developed in accordance with an approved site dcvc!e, pmcr~ plan or approved amendment of any such plan. Upon request of the owner or his authorized agent for 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 conformity with the approved site plan. After a certificate 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 forth in § 280-155 of this chapter. [Amended 6-7-2005 by L.L. No. 8-2005] Failure to comply with a term or condition of an approved site plan shall be a violation of this article and shall be subject to such penalties as are set forth in § 280-155 of this chapter. The Planning Board shall retain jurisdiction 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, based upon one of the following grounds: (1) False statements or mistake of material fact: 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-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 by the Planning Board shall not be commenced unless the Planning Board issues a written certification that all terms and conditions set forth 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 forth in ~280- Southold Town Meeting Agenda - April 10, 2012 Page 38 155 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. Presubmission conference. Prior to the submission of a site ~c¥c!c. pmcrX 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 conformity with the provisions and intent of this article. Said meeting shall take place within 30 calendar days from the date of written request therefor. Site ~c¥c!c. pmcr~ plan. Nine copies of the site ~c¥c!c. pmcnt 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 ~'~ ..... * plan application is not submitted within four months following 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 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: the 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 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 required, the 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 case of a variance or special exception application requiring site plan approval, the site .~c¥c.c. pmcn~ 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 Southold Town Meeting Agenda - April 10, 2012 Page 39 issuance of a 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 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 for less than the required number of spaces for that use, the Planning Board shall have the right to review the parking requirements again ifa change of use is 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 Planning 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, for their comment. Such referral shall include a referral to the Architectural Review Committee. The Architectural Review Committee ~a!! may 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 for 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. After the Planning Board has determined that the proposed site plan is suitable for approval, it shall: (1) Forward 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 Southold Town Meeting Agenda - April 10, 2012 Page 40 accordance with the provision of the Suffolk 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 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. ................ ~ ...........~ ....... : ~ha!! bc ba~cd e,n a !i~ting .... ,~ .......... Guaranty of Performance (1) Public Improvements: 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) Other on-site improvements including, but not limited to, securing the property, buffers, landscaping and/or screening: A guaranty of performance 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 adjacent property owners. (3) Default: In the event that the applicant fails to comply with the provisions of this section, and complete the required improvements, the Town Board may thereupon declare the said guaranty of performance (i.e., performance bond, letter of credit, or other equivalent security) in default and collect the 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, including, but not limited to, any legal fees incurred, shall be and constitute a lien upon the land upon which the improvements are to be made and shall be included Southold Town Meeting Agenda - April 10, 2012 Page 41 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) The 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, in writing, within 10 days of such determination, of the reasons for such denial. §280-132. Duration of plan. An approved site ~c¥c!c, pmcrX plan shall be valid for a period oft?~cc 3'cars 18 months from the date of approval. All work proposed on the plan shall be completed within t?~cc 3'cars 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. IlL SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. v' Vote Record Resolution RES 2012 347 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action Southold Town Meeting Agenda - April 10, 2012 Page 42 Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjoumed at P.M. Elizabeth A~ Neville Southold Town Clerk 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 in order to hold a public hearing. PH 4/10/12 ~ 7:32PM Site Plan Amendments