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HomeMy WebLinkAboutAG-05/08/2012ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631 ) 765 - 1800 www. southoldt own.northfork.net FINAL AGENDA SOUTHOLD TOWN BOARD May 8, 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 May 8, 2012 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrived Councilman William Ruland [] [] [] Councilman Christopher Talbot [] [] [] Councilwoman Jill Doherty [] [] [] Councilman Albert Krupski Jr. [] [] [] Justice Louisa P. Evans [] [] [] Supervisor Scott Russell [] [] [] Southold Town Meeting Agenda - May 8, 2012 Page 2 I. REPORTS 1. Department of Public Works April 2012 2. Special Projects Coordinator April 2012 3. Building Department April 2012 4. Island Group Employee Health Care Plan Claim Lag - March 2012 5. Planning Board March 2012 6. Land Tracking 1st quarter of 2012 7. NFAWL Financial Statements March 31, 2012 & 2011 8. NFAWL Quarterly Performance Report 1st Quarter 20121 9. 2011 Annual Financial Report 10. Zoning Board of Appeals April 2012 11. Zoning Inspector April 2012 II. PUBLIC NOTICES 1. NYS Liquor License Renewal Harbes Family Vineyard LLC, 715 Sound Ave. Mattituck 2. New NYS Liquor License Application Corp. to be formed, 730 Main Bayview Rd., Southold (formerly known as Sophie's) III. COMMUNICATIONS Southold Town Meeting Agenda - May 8, 2012 Page 3 IV. DISCUSSION 1. 9:00 - Jeff Standish Part-Time Custodian for Peconic Community Center and Recreation Center 2. 9:15 - James Hannah, Bright Power Inc Update on evaluation of sites for solar and the next steps 3. Appointment to Fffi Vacancy on Land Preservation Committee 4. Ongoing Code Enforcement Issues, Set Meeting 5. LL/Utility Poles (PH This Evening) 6. LL/Amendments to Chapter 275 (To be Set for PH) 7. LL/Amendments to Chapter 111 (To be Set for PH) 8. LL/Village Lane Parking 9. 11:45 - Executive Session - Melissa Spiro, Land Preservation Proposed acquisition of property, discussion of which would effect the value thereof 10. Executive Session - Labor Matters involving employment of particular person(s) 11. Executive Session - Litigation Stankevich v. Town of Southold V. RESOLUTIONS 2012-385 CA TEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated May 8~ 2012. ff V~)te Record Resolution RES 2012 385 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended -- [] Defeated William Ruland [] [] [] [] [] Tabled Ctn'istopher Talbot [] [] [] [] [] Withch-awn Jill Doherty [] [] [] [] [] Supe~wisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] Southold Town Meeting Agenda - May 8, 2012 Page 4 [] Rescinded Louisa P. Evans [] Town Clerk's Appt Scott Russell [] Supt Hgwys Appt [] No Action 2012-386 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Special Town Board Meeting RESOLVED that the Town Board of the Town of Southold will hold a Special Town Board Meetin~ on Fridav~ May 1L 2012 at the Southold Town Hall~ Southold~ New York at 8:00 A.M.. ~ Vote Record Resolution RES 2012 386 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] 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 [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-387 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set Next Meeting 5/22/12 4.'30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, May 22, 2012 at the Southold Town Hall, Southold, New York at 4:30 P. M.. Vote Record Resolution RES 2012 387 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland [] [] [] [] [] Defeated [] Tabled Ct~'istopher Talbot [] [] [] [] [] Withch-awn Jill Dohert~ [] [] [] [] Southold Town Meeting Agenda - May 8, 2012 Page 5 [] Supe~wisor's Appt Albert Krupski Jr. [] Tax Receiver's Appt Louisa P. Evans [] Rescinded [] Town Clerk's Appt Scott Russell [] Supt Hgwys Appt [] No Action 2012-388 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Cub Scout Pack 39 Annual Cubmobile Race RESOLVED that the Town Board of the Town of Southold hereby grants permission to Cub Scout Pack 39 to close Bailey Beach Road and the north end of Inlet View Drive in Mattituck for its Annual Cubmobile Race on Saturday, June 9th 2012 (rain date June 10tb) from 9:00 AM to 12:00 noon, provided they 3. 4. 5. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured (on file); Coordinate traffic control upon notification of the adoption of this resolution with Captain Kruszeski No objects of any kind shall be thrown to event spectators No permanent markings be placed on town, county or state roads or property for the event; 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. Vote Record Resolution RES 2012 388 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] 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 [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action Southold Town Meeting Agenda - May 8, 2012 Page 6 2012-389 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the Cutchogue-Yew Suffolk Historical Council to Close Cases Lane Fiscal Impact: Police Department Cost for Event $304.40 RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to the Cutcho~ue-New Suffolk Historical Council to close Cases Lane from Cedar Road to Main Road, Cutcho~ue, from 7:00 AM to 5:00 PM for its Annual Antiques Show and Sale, on Saturday, July 7, 2012, provided they 3. 4. 5. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured (on file); Coordinate traffic control upon notification of the adoption of this resolution with Captain Kruszeski No objects of any kind shall be thrown to event spectators No permanent markings be placed on town, county or state roads or property for the event; 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. · / Vote Record Resolution RES 2012 389 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] 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 [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-390 CATEGORY: DEPARTMENT: Close/use Town Roads Town Clerk Southold Town Meeting Agenda - May 8, 2012 Page 7 Grant Permission to the Oysterponds Historical Society to Hold a Heritage Day Parade on duly 1, 2012 Fiscal Impact: Police Department Cost for the Event $86.94 RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to the Oysterponds Historical Society to use the followin~ route for its Heritage Day Parade in Orient on Sunda.y~ July Iv 2012 be~innin~ at noon: staging on Oysterponds Lane, from there to Main Road to Village Lane ending at the Historical Society building, provided they 3. 4. 5. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured (on file); Coordinate traffic control upon notification of the adoption of this resolution with Captain Kruszeski No objects of any kind shall be thrown to event spectators No permanent markings be placed on town, county or state roads or property for the event; 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 town fees are waived. · / Vote Record Resolution RES 2012 390 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] 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 [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-391 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoint David Den/son Part Time Deckhand WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their April 17, 2012 monthly meeting to hire as a part time deckhand David Denison effective April 28, 2012 and Southold Town Meeting Agenda - May 8, 2012 Page 8 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 be it RESOLVED that the Town Board of the Town of Southold hereby appoints David Denison, to the position of a part time deckhand for the Fishers Island Ferry District, effective April 28, 2012 at a rate of $10.30 per hour. ff Vote Record Resolution RES 2012 391 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] 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 [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-392 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk SHS Ice Cream Social RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Historical Society to holds its Ice Cream Social on Saturday, August 4, 2012, from 3. 4. 5. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured (on file); Coordinate traffic control upon notification of the adoption of this resolution with Captain Kruszeski No objects of any kind shall be thrown to event spectators No permanent markings be placed on town, county or state roads or property for the event; 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 - May 8, 2012 Page 9 Vote Record Resolution RES 2012 392 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] 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 [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-393 CATEGORY: DEPARTMENT: Employment - Town Accounting Authorizes PTMini Bus Driver Brian Dickerson to Work FT WHEREAS full-time employee # 0200 in the Town's Programs for the Aging has taken ill and is expected to be out of work for approximately 4 weeks and WHEREAS the Town Board has determined that the Town's Programs for the Aging requires full-time coverage, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes Part-Time Mini Bus Driver Brian L. Dickerson to work full-time to cover this absence starting on May 9, 2012; rate of pay at Mr. Dickerson's existing rate of $16.93 per hour. · / Vote Record Resoiution RES 2012 393 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] 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 [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action Southold Town Meeting Agenda - May 8, 2012 Page 10 2012-394 CATEGORY: Employment - Town DEPARTMENT: Accounting Grant FML/I Leave to a Town Employee RESOLVED that the Town Board of the Town of Southold hereby grants a leave of absence for up to 12 weeks to Employee #0200 effective May 9, 2012 pursuant to the Family Medical Leave Act. v' Vote Record Resolution RES 2012 394 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] 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 [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-395 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the Orient Fire Department to Hold lts Annual Memorial Day Parade Fiscal Impact: Police Department Cost for the Event $11433 RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to the Orient Fire Department to use the followin~ route for its Annual Memorial Day Parade in Orient on Monday~ May 28~ 2012 be~innin~ at 7:30 AM: begin at the Firehouse and take Tabor Road to Orchard Street to Navy Street to Village Lane to Main Road and back to the Firehouse, provided they 3. 4. 5. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; Coordinate traffic control upon notification of the adoption of this resolution with Captain Kruszeski No objects of any kind shall be thrown to event spectators No permanent markings be placed on town, county or state roads or property for the event; Any road markings or signs for the event be removed within twenty-four (24) Southold Town Meeting Agenda - May 8, 2012 Page 11 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 town fees are waived. Vote Record Resolution RES 2012 395 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] 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 [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-396 CATEGORY: DEPARTMENT: Bid Acceptance Town Clerk .4 ccept Bid for Road Treatment - Item # 7 RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Thomas H. Gaimon & Sons~ Inc, for the application of Polymer Modified Emulsified Asphalt Pavement Type II Micro-Surfacin~ within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: Type II Micro-Surf:acing Truing & Leveling (Type 5 - Shim) $ 2.32 per sq. yd. $155.00 per ton · / Vote Record Resolution RES 2012 396 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] 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 [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action Southold Town Meeting Agenda - May 8, 2012 Page 12 2012-397 CATEGORY: DEPARTMENT: Bid Acceptance Town Clerk Rejects Farious Road Treatment Bids for the Calendar Fear2012 andRe-Advertise RESOLVED that the Town Board of the Town of Southold hereby rejects the bids received for the following Road Treatments: Item # 2 Oil & Sand Item # 3 Liquid Asphalt Item # 5 Type 6 Top Item # 6 RC-250 Item # 8 Type 6 pick up and be it further RESOLVED that the Town Clerk is hereby authorized and directed to re-advertise for various road treatment bids for the calendar year 2012. v' Vote Record Resolution RES 2012 397 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] 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 [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-398 CATEGORY: DEPARTMENT: Public Service Town Clerk AtPtPomt Caren Heacoclc as a TemtPorary Marriage Officer RESOLVED that the Town Board of the Town of Southold hereby appoints Caren Heacok as a Temporary Marriage Officer for the Town of Southold, on Friday, June 28, 2012 only, to serve at no compensation. · /VoteRecord ResolufionRES 2012 398 [] Adopted [] Adopted as Amended Southold Town Meeting Agenda - May 8, 2012 Page 13 [] Defeated William Ruland Ctn'istopher Talbot [] Supe~wisor's Appt Jill Doherty [] Tax Receiver's Appt Albert Krupski Jr. [] Rescinded Louisa P. Evans [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] No Action 2012-399 CATEGORY: DEPARTMENT: Budget Modification Fishers Island Ferry District 2011 Budget Modification - FIFD Fiscal Impact: underfunded 2011 account RESOLVED, that the line item modifications to the 2011 budget, are hereby approved in all respects, effective as of December 31, 2011. From: SM.9730.7.000.000 Bond Anticipation Notes, BAN Interest $45.00 To: SM.5710.2.000.100 Ferry Repairs-Munnatawket $45.00 Vote Record Resolution RES 201~ 399 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supeiwisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-400 CATEGORY: Employment - Town Southold Town Meeting Agenda - May 8, 2012 Page 14 DEPARTMENT: Accounting Appoint Seasonal Police Officers RESOLVED that the Town Board of the Town of Southold hereby appoints the foliowin~ individuals to the position of Seasonal Police Officer for the Southold Town Police Department, effective May 14, 2012 through September 17, 2012, at a rate of $20.81 per hour: Robert Haase, Jr. Jacob J. Bogden Vote Record Resolution RES 2012 400 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] 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 [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-401 CATEGORY: DEPARTMENT: Employment - FIFD Accounting Releases Timothy Londregan and John Stanford WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their May 1, 2012 meeting and have 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; and WHEREAS, Timothy A. Londregan III and John Stanford no longer work for the Fishers Island Ferry District; 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 be it RESOLVED that the Town Board of the Town of Southold hereby releases Timothy A. Southold Town Meeting Agenda - May 8, 2012 Page 15 Londregan III and John Stanford from their positions as Part Time Deckhands effective May 1, 2012. Vote Record Resolution RES 2012 401 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] 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 [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-402 CATEGORY: DEPARTMENT: Employment - FIFD Accounting Appoint Full Time Deckhands WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their May 1, 2012 meeting and WHEREAS, the Fishers Island Ferry District requires additional Deckhand services during the period covering the two weeks before Memorial Day through the two weeks following Labor Day, 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 be it RESOLVED that the Town Board of the Town of Southold hereby appoints Rodney E. Brown, Daniel M. Eagan, Logan C. Glidewell, and John T. Testa as Full-Time Deckhands for the period covering the two weeks before Memorial Day (May 14, 2012) through the two weeks following Labor Day (September 17, 2012) and thereafter (September 18, 2012) will be returned to their )ositions as Part-Time Deckhands. Vote Record Resolution RES 2012 402 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended [] Defeated William Ruland [] [] [] [] [] Tabled Ct~'istopher Talbot [] [] [] [] [] Withch-awn Jill Doherty [] [] [] [] [] Supe~wisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] Southold Town Meeting Agenda - May 8, 2012 Page 16 [] Rescinded Louisa P. Evans [] Town Clerk's Appt Scott Russell [] Supt Hgwys Appt [] No Action 2012-403 CATEGORY: DEPARTMENT: Employment - FWD Accounting Appoints Peluso, Moschini, Gilbert & Edwards WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their May 1, 2012 meeting and WHEREAS, the Fishers Island Ferry District requires the services of seasonal Deckhands and Laborers; and WHEREAS, the seasonal Deckhands and Laborers will be employed by the Fishers Island Ferry District for the period covering the two weeks before Memorial Day (May 14, 2012) through the two weeks following Labor Day (September 17, 2012), 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 be it RESOLVED that the Town Board of the Town of Southold hereby appoints Matthew Peluso, Dominick Moschini, Dean Gilbert and Michael Edwards as seasonal Deckhands at the rate of $10.30 per hour; and appoints Heather Stone, already possessing a current Captain's License, as seasonal Deckhand at the rate of $11.00 per hour. Vote Record Resolution RES 2012 403 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] 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 [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action Southold Town Meeting Agenda - May 8, 2012 Page 17 2012-404 CATEGORY: DEPARTMENT: Employment - FWD Accounting Appoint Zachary Hoch Seasonal Laborer WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their May 1, 2012 meeting that Zachary Hoch be appointed as seasonal laborer for the period covering two weeks before Memorial Day (May 14, 2012) through the two weeks following Labor Day (September 17, 2012) atthe rate of $10.00 per hour 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 be it RESOLVED that the Town Board of the Town of Southold hereby appoints Zachary A. Hoch as seasonal laborer for the period covering two weeks before Memorial Day (May 14, 2012) through the two weeks following Labor Day (September 17, 2012) at the rate of $10.00 per hour. Vote Record Resolution RES 2012 404 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] 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 [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-405 CATEGORY: DEPARTMENT: Advertise Town Clerk Authorize and Direct the Town Clerk to Advertise a Request for Proposal for the Fishers Island Pump Station RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise a Request for Proposal for the Fishers Island Pump Station, in accordance with specifications, subject to the approval of the Town Attorney. · /VoteRecord Resolution RES 2012 405 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent William Ruland [] [] [] [] Southold Town Meeting Agenda - May 8, 2012 Page 18 [] Tabled Ctn'istopher Talbot [] Withch-awn Jill Doherty [] Supe~wisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. [] Rescinded Louisa P. Evans [] Town Clerk's Appt Scott Russell [] Supt Hgwys Appt [] No Action 2012-406 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Bay Patrol Agreements - Skinner & Evans RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an A~reement between the Town of Southold and Matthew Sldnner~ Fishers Island~ to perform services as a Fishers Island Bay PatroL effective May 8, 2012 through December 31, 2012, at a compensation rate of $2,576.56, plus approved expenses, subject to the approval of the Town Attorney; and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an A~reement between the Town of Southold and John Evans, Fishers Island, to perform services as a Fishers Island Bay PatroL effective May 8, 2012 through December 31, 2012, at a compensation rate of $1,296.88, plus approved expenses, subject to the approval of the Town Attorney. Vote Record Resolution RES 2012 406 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] 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 [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-407 CATEGORY: Employment - Town Southold Town Meeting Agenda - May 8, 2012 Page 19 DEPARTMENT: Accounting Hire Traffic Control Officers RESOLVED that the Town Board of the Town of Southold hereby appoints the followin~ to the position of Traffic Control Officer for the Southold Town Police Department, effective May 14, 2012 through September 17, 2012 at a rate of $16.46 per hour: Eric M. Cassidy Ethan RomaneHi Shawn A. Williams Vote Record Resolution RES 2012 407 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] 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 [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-408 CATEGORY: DEPARTMENT: Employment - Town Accounting Hire Traffic Control Officers RESOLVED that the Town Board of the Town of Southold hereby appoints the followin~ to the position of Traffic Control Officer for the Southold Town Police Department, effective May 14, 2012 through September 17, 2012 at a rate of $16.46 per hour: Kevin Metz Joseph Barszczewski Vote Record Resolution RES 2012 408 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended -- William Ruland [] [] [] [] [] Defeated [] Tabled Ct~'istopher Talbot [] [] [] [] [] Withch-awn Jill Doherty [] [] [] [] [] Supe~wisor's Appt Albert Krupski Jr. [] [] [] [] [] Tax Receiver's Appt ~ [] Rescinded Louisa P. Evans [] [] [] [] Southold Town Meeting Agenda - May 8, 2012 Page 20 [] Town Clerk's Appt Scott Russell [] Supt Hgwys Appt [] No Action 2012-409 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Suzanne Andrejack PT Clerk Typist RESOLVED that the Town Board of the Town of Southold hereby appoints Suzanne Andrejack to the position of part-time Clerk Typist for the Police Department, effective May 21, 2012, at a rate of $13.78 per hour. Vote Record Resolution RES 2012 409 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] 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 [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-410 CATEGORY: DEPARTMENT: Attend Seminar Information Technology Long Island - NYC Emergency Management Conference 2012 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Lloyd Reisenberg to attend a seminar on Emergency Management in Uniondale, on may 30 ,2012. All expenses for registration, travel to be a legal charge to the 2012 budget (meetings and seminars). · /VoteRecord ResolufionRES 2012 410 [] Adopted [] Adopted as Amended [] Defeated [] Tabled Yes/Aye No/Nay Abstain Absent William Ruland [] [] [] [] Cta'istopher Talbot [] [] [] [] Southold Town Meeting Agenda - May 8, 2012 Page 21 [] Withch-awn Jill Doherty [] Supe~wisor's Appt Albert Krupski Jr. [] Tax Receiver's Appt [] Rescinded Louisa P. Evans [] Town Clerk's Appt Scott Russell [] Supt Hgwys Appt [] No Action 2012-411 CATEGORY: DEPARTMENT: Budget Modification Solid Waste Management District $I/VJkiD Budget Modification - Parts & Maintenance Fiscal Impact: Replenish maintenance line for new rubber edge needed for Folvo bucket,' funds for purchase and installation of new electric motor for shop overhead door. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Solid Waste Management District budget as follows: From: SR 8160.4.400.651 (Volvo Payloader Contracted Repairs) SR 8160.4.100.650 (Garbage Bags) To: SR 8160.4.100.552 (Volvo Payloader Maint/Supplies) SR 8160.4.400.200 (Building Maintenance) $1,500 $2,600 $4,100 $1,500 $2,600 $4,100 Vote Record Resolution RES 2012 411 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] 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 [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action Southold Town Meeting Agenda - May 8, 2012 Page 22 2012-412 CATEGORY: Local Law' Public Hearing DEPARTMENT: Town Attorney PH 6/5/12 @ 7:34 PM LL/Yillage Lane Parking WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 8th day of May, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 260, Vehicles and Traffic, in connection with Parkin~ Restrictions and Traffic and Pedestrian Safety on Village Lane and Kin~ Street in the hamlet of Orient" 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 5th day of June, 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 260, Vehicles and Traffic, in connection with Parkin~ Restrictions and Traffic and Pedestrian Safety on Village Lane and Kin~ Street in the hamlet of Orient" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 260, Vehicles and Traffic, in connection with Parkin~ Restrictions and Traffic and Pedestrian Safety on Village Lane and Kin~ Street in the hamlet of Orient". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to improve safety for pedestrians and vehicles, as well as dealing with impacts to the public's health, safety and welfare resulting from vehicle parking and standing on Village Lane and King Street in the hamlet of Orient. II. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: §260-8. Parking prohibited at aH times. The parking of vehicles is hereby prohibited at all times in any of the following locations and at any other location where signage indicates "no parking": Name of Street Side Location Village Lane West At Orient, between a point 50 feet north of the northerly curbline of Southold Town Meeting Agenda - May 8, 2012 Page 23 Orchard Street and a pc, ira 675 foot southor!y thoroof extending to the terminus of Village Lane at the intersection with King Street Nme of Street Side King Street South Location At Orient, from the southeasterly comer of the intersection of King Street and Village Lane to the southwesterly corner of the intersection of King Street and Willow Terrace Lane III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record Resolution RES 2012 412 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] 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 [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-413 CA TEGORY: Legislation DEPARTMENT: Town Attomey LL/Village Lane Parking 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 260~ Vehicles and Traffie~ in connection with Parkin~ Restrictions Southold Town Meeting Agenda - May 8, 2012 Page 24 and Traffic and Pedestrian Safety on Village Lane and Kin~ Street in the hamlet of Orient" to the Southold Town Plannin~ Board and the Suffolk County Department of Plannin~ for their recommendations and reports. Vote Record Resolution RES 2012 413 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] 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 [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-414 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Attorney 6/5/12 @ 7:36 PM LL/275 Amendments WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, onthe 8th day of May, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline" 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 5th day of June, 2012 at 7:36 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 275, Wetlands and Shoreline" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 275, Wetlands and Shoreline". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. Southold Town Meeting Agenda - May 8, 2012 Page 25 In order to continue to protect the natural state of the shorelines and wetlands within the Town of Southold, while balancing the rights of property owners, it is the purpose of these amendments to simplify the permit process, codify and clarity existing policies and conform certain regulations to environmentally accepted practice. II. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: § 275-2. Del'tuitions; word usage. o..~..~1~11 .*~1~ ...., ~ +~,~ ..... _.~,__.so:-~' given herein. 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). AQUACULTURE -- The raising or cultivation ofnaracry spawn ahc!!.qah in aXi.q:ia! ~^-+~: .... + ...... +~---': ..... e,~'be,~e,m living aquatic organisms. BAY -- Cutc c~c Harcr, ~ 2%', ............... ;,. ........... ;, ..~ ........ ;, ~ ..... ~ ....:~D~,, t~--~D~D~,, i 5 dS tk !dE ~ofwaterwithinthe .......... 2, ~--s ........ 2, Or cra Hat or an ou o ay. boundaries of the Town of Southold excluding the Long Island Sound and those defined under Creeks. BEACH -- The zone of unconsolidated earth that extends landward from the mean low water line to the seaward toe of a dune or bluff; or whichever is most seaward. Where no dune or bluff exists landward of a beach, the landward limit of a beach is 100 feet landward from the place where there is a marked change in material or physiographic form or from the line of permanent vegetation, whichever is most seaward. Shorelands subject to seasonal or frequent overwash or inundation are considered to be beaches. BOAT/VESSEL -- Any floating object capable of carrying people as a means of transportation in water, including an airplane capable of landing on water as well as any floating structure not otherwise considered to be part of a dock structure as defined herein, with or without means of propulsion, that can be moored independently or can be secured by any means to a piling, dock, bulkhead, groin, or other fixed device located above or below mean high water. This definition excludes floating docks and swim platforms. CRITICAL ENVIRONMENTAL AREAS -- All sites previously nominated by the Town of Southold and/or Suffolk County and designated by the New York Department of State as Critical Environmental Areas worthy of protection including but not limited to: Cutchogue Harbor Wetlands, Hallock's Bay, Dam Pond, Downs Creek, Orient Creek, West Creek, Richmond Creek Southold Town Meeting Agenda - May 8, 2012 Page 26 and Beach, Brush's Creek, Cedar Beach Creek, Corey Creek, Deep Hole Creek, Goldsmiths Inlet, Halls Creek, Goose Creek, Little Creek, Mill Creek and Pipes Cove Creek. FLOAT -- See Boat/Vessel FUNCTIONAL -- Any structure that has essentially retained its purpose and use within thc 21 .......... ~. ......... ~ ..... ~ ............................ , as dete~ine e Board of Trustees. GROIN -- A man-made barrier typically perpendicular to the shoreline used to change the natural littoral drift, · --~:-+~:- :-1~+ prevent erosion, ...................~i'2rg. n.~.~s, or protect an area from wave energy. ~ ~ ": ~"" d b i di ! *~'~ i d t JETTY -- :~ man-ma e arr er pcrpcn ~: ar to. .... :_c. rc. nc use o ~-angc r ma a n cae e ev on, revent eros on, an ma a n n et entrances., LOW-PROFILE JETTIES -- The definition of a low-profile jetty is site specific, but typically is a structure no higher than 18 inches to. 21 inches above existing soil or sediment grade on the down-drift side and shall not extend seaward of apparent low water. MATERIAL -- Soil, sand, stone, gravel, clay, bog, peat, mud, wood or any other material, including liquids, organic or inorganic. MEAN HIGH WATER (MHW) -- The average of all the high water heights observed over the most previous nineteen >'car pcric, d eighteen and a half year period. MEAN LOW WATER (MLW) -- The average of all the low water heights observed over the most previous nineteen >'car pcric, d eighteen and half year period. MOORING -- Anchoring for greater than ~4 4~8 hours other than in designated anchorage areas as established by a governmental agency. NONDISTURBANCE BUFFER -- A vegetated area, a mini~:.:m c. f20 fcct w/dc er as designated by the Board of Trustees, immediately landward of the wetland boundary, shoreline structure, or other line designated by the Trustees where no operations, maintenance, placement of signs or other activities may take place, except that man-made debris may be removed from such area by hand without the permission of the Board of Trustees. NONTURF BUFFER -- A designated area where turf grass, pesticides and fertilizers are not permitted. Any pervious material allowing for percolation of surface runoff into the soil i~ Southold Town Meeting Agenda - May 8, 2012 Page 27 ........ native vegetation, wood chips, mulch, gravel, and sand. allowed. Examples include: -~.,,~1 · Decks may be allowed if they are level or pitched away from the water, are pervious to precipitation and are constructed of materials other than treated lumber. Any and all runoff' generated by such structures must be allowed to percolate into the ground directly below the OPERATIONS (1) The removal of material from wetlands or any otherwisc activity within Trustee jurisdiction. (2) T~,~...~ ,.~vvo.~ ~ ..... :~ cr ~isc~argc cf matcria! The placement, repair or removal of structures, including, but not limited to, boats, floating docks, floats, dock components, duck blinds on wetlands or otherwise within Trustee jurisdiction. (3) The deposit or discharge of material on any area that results in the transport of said materials into wetlands or otherwise within Trustee jurisdiction. (4) The erection, construction, alteration, repair or enlargement of any building, dock, pier, wharfi bulkhead, jetty, groin, or any system or other structure, temporary or permanent, on wetlands, or otherwise within Trustee jurisdiction. (5) Removing or otherwise affecting the growth of plants in wetlands or otherwise within Trustee jurisdiction. ORDINARY AND USUAL MAINTENANCE -- Actions on a permitted, functional structure which do not involve more than 75% of the entire structure which are required to preserve in a condition or state of equivalent quality to that which was approved or required by permit. PIER -- A fixed structure to secure vessels, unloading or loading persons or property or providing access to the water.~ ~ ....... ...~.~.~'~c" SEASONAL STRUCTURES--- Structures that may not be installed prior to April 1 of each calendar year and must be removed by December 1 of each calendar year. SILT BOOM -- A structure deployed within the water column that is designed to prevent passage of suspended sediments and contaminants from spreading from the immediate project SOUND -- Includes the following: Long Island Sound, Fishers Island Sound and Block Island Sound. TOWN WATERS -- All the waters within the boundaries of the Town of Southold !ying c¥cr WETLANDS (TIDAL) Southold Town Meeting Agenda - May 8, 2012 Page 28 (2) All banks, bogs, meadows, flats, and tidal marsh and beaches subject to such tides and upon which grows or may grow some or any of the following: smooth cordgrass (Spartina alterniflora), salt hay grass (Spartina patens), black grass (Juncus gerardii), saltworts (Salicornia spp.), sea lavender (Limoneum spp.), marsh elder (Iva frutescens), groundsel (Baccharis halimfolia), marshmallow (Hibiscus spp.). § 275-3. Findings; purpose; jurisdiction; setbacks. of Southold. (1) Jurisdiction: The following areas are subject to protection under Chapter 275 of the Code (2) (3) (4) (5) (6) Any freshwater wetland, tidal wetland, beach, blufl} dune, flat, marsh, swamp, wet meadow, bog, or vernal pool; Any creek, estuary, stream, pond, canal, or lake; Land under water; Land subject to tidal action; Land within tOO feet of the areas listed above; All Town waters. Setbacks. (1) The following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees: (b) D1,,~.'1:--~ Top ofblufl~ [4] Swimming pool and related structures: tOO 50 feet. § 275-4. Exceptions. The provisions of this chapter shall not require a permit for the following: (3) The ordinary and usual operations relative to a bona fide preexisting commercial o~r .............horticultural operation landward of the wetland boundary. (5) The ordinary and usual maintenance or repair on a permitted structure (of the same dimensions) ora functional building, dock, pier, wharf, jetty, groin, dike, pc~:, ..a~ ~ccn m~uc,. ~y ,..c Town. (9) The demolition, removal, repair and/or up~ading of existing residential ~el ta~s, ~el lines, ~el dispensers, installation or burial of a residential propane ta~, including necessary site work, and provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. witSin (t0) Installation of new or replacement windows, roof shingles, solar panels, siding, doors, and second story additions only if additions are within the existing Southold Town Meeting Agenda - May 8, 2012 Page 29 footprint and are made to an upland, permitted structure. ~o,r~crs an~_si~ing cn (11) The relocation of an existing septic system from within Trustee iurisdiction to outside Trustee iurisdiction. (12) Flagpoles specifically used for that purpose, with a base not greater than 4 feet by 4 feet. (13) Operations landward of a public road whereby the public road is located between the waterbody that is the source of Trustee iurisdiction and the operations. (11)(14) Notwithstanding the above listed exceptions, operations within a designated nondisturbance buffer are prohibited. § 275-5 Permit procedures. Administrative permit. (1) The administrative permit review process is intended to provide for expedited review for projects that are deemed consistent with the Board's policy regarding protection of wetland resources. If the proposed operations meet with all the current setback requirements as defined by §275-3 and do not pose a threat to the overall function and condition of wetlands or adjacent buffer areas, applicants may request an administrative permit review. This review does not relieve the applicant of providing all the application requirements (§275-6) or obtaining permits from other jurisdictions, including, but not limited to, New York State Department of Environmental Conservation and United States Army Corp of Engineers. Under the administrative review process, each application will be reviewed by at least one member of the Board and approved by the maiority. See §275-8H for details of approval. (2) The following operations will be considered for administrative review, in accordance with the standards set forth in §275-11: (d) Remodeling or renovation er rcccnstn:cticn of a permitted structure, provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. (~)Lg) Construction or installation of drainage structures for the retention of runoff} provided that such structures incorporate the maximum feasible setback from wetlands and provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. Southold Town Meeting Agenda - May 8, 2012 Page 30 (3) The construction of a permitted bulkhead as per §275-11, which is to replace an existing functional bulkhead, subject to the following: 0~)(i) Minor changes to existing, valid Trustee permits. The Trustees reserve the right to determine whether the changes qualify for administrative review. (4)(i) Minor restoration or alterations of landscaping. ~m)(k) Decks. (a~)(1) Minor alterations to existing permitted shoreline structures including stairs, bulkheads and docks. ~(m) Dredging work necessitated by the accumulation of silt from runoff or other circumstances not the result of activity by or on behalf of the owner of the prope~y. ~ ~ application for proposed aquaculture activity that includes surPace mounting gear in an area ~eater than five square yards. (o) Deer fences if located a minimum of 25 feet landward of the wetland boundary line or bul~ead line, whichever designated line is most landward. Under no circumstances are deer fences permi~ed in a non- disturbance area. ~y such activities :~a!! may require the addition of a nonturf buffer area not to ex:ccd 20 ~:ct 'Mdc as defined in ~275-2. § 275-6. Application. Contents of application. A permit may be issued upon the written, verified application of the person proposing to perform operations on wetlands. Three copies of the complete application, including all written descriptions, pictures and surveys, shall be submitted to the C!cr!c Office of the Trustees. Such application shall contain the following information: (2) At the discretion of the Trustees, a schedule for the proposed activities with a completion date. (8) Such application shall be accompanied by a survey and topographical map, created no more than c, nc year five years prior to the date of application, with contours at two-foot intervals, showing all wetlands within a two-hundred-foot radius of the area from which the removal or in which the deposit of materials is proposed, or in which structures are to be erected, certified by a registered land surveyor or registered professional engineer, licensed by the State of New York. Such survey and topographical map shall show the soundings of the area in which operations are proposed to be conducted. The horizontal control of said survey shall be based on an approved local coordinate system. The vertical control for elevations shall be based on the United States Coast and Geodetic Survey datum. (14) Drainage upgrade. At the discretion of the Board, nonadministrative applications may require submittal of a drainage upgrade plan. This plan must indicate how all Southold Town Meeting Agenda - May 8, 2012 Page 31 existing and proposed on-site drainage from a two-inch rainfall is retained within the subject parcel landward of the wetland boundary. Retention can include but is not limited to infiltration or impoundment. All drainage plans shall show the calculations used to develop the plan. At the discretion of the Board said plans may require certification from a licensed engineer. Applicants may have additional requirements to meet compliance with Chapter 236. § 275-7. Fees. Every non-administrative application for a Trustees wetlands permit filed with the C!crk Office of the Trustees shall be accompanied by a filing fee of $250 which includes the first site visit, no portion of which shall be refundable. The fee for an administrative permit shall be $50. $100. For ~tr'~:cturc~ activities that have been previously built without a permit, the fee will be doubled. Ifa preapplication site visit is requested, the fee shall be $50, which may be applied to an application fee for a wetlands permit made within six months of the site visit and which application involves activities that were the subiect of the site visit. Dock and float fee. Every application for a new dock or float shall include a fee ~,~ ..... ¢~ ............ fcct for rcsidcntia! and ccmmcrcia...cc.~s to be set by the Town Board. Commercial docks are any structures that are rented, leased or otherwise used to generate income, including, but not limited to, those structures located on properties zoned M1 and M2. § 275-8. Processing of application. Presubmission conference. Applicants are encouraged to schedule a voluntary presubmission site visit to discuss the proposed operations with the Board. Discussions in the field are purely advisory and nonbinding, but this meeting is intended to facilitate communication between the applicant and the Board. There will be a fee of $50 for this conference which may be applied to an application fee for a wetlands permit made within six months of the site visit and which application involves structures that were the subject of the site visit. Investigation and coordination. Upon receipt of the application, the C!crk Office of the Trustees shall maintain the original in the file and forward one copy thereof to each of the following as necessary: the Conservation Advisory Council, LWRP Coordinator, ~ ....... :"~ ......... tv, the Planning Stormwater Management Officer, w..cn~vv--v~-~, --~ ~-v: Department, and v,nc cv,py tv, the Zoning Board, an,. v,nc cv,py ,v, ~c ~:.c,. w: ...... c v,fficc v,fthc Tmgtccg. The Conse~ation Adviso~ Council shall review said application and the effect, if any, on the wetlands and tidal waters of the Town that may result from the proposed operations and shall, within 20 days of receipt of the same, forward its wri~en report of findings and recommendations with respect to such application to the Trustees. If the Conservation Advisory Council shall recommend that such application be disapproved, the reasons for such disapproval shall be set fo~h in such report. If no response is received within 20 days, ~ .... vv .................. o ........................... Southold Town Meeting Agenda - May 8, 2012 Page 32 Ad¥igcry Ccunci! rc¥icw, the review by the Conservation Advisor,/Council shall be deemed waived. § 275-10. Contents of permit. The conditions imposed by the Trustees on the issuance of the permit. The specific location of the areas to be affected by the operations of the permittee. A statement that "The validity of this permit is or may be subject to the approval of other governmental or municipal authorities. The Town accepts no responsibility in applying for or obtaining such approval. In the event that such approval is necessary, the holder of this permit shall not commence operations hereunder until such approval has been obtained in writing. The Pailure to obtain such other approval when required shall subject this permit to immediate revocation by the Clerk upon receipt by the Clerk of written notice from such other governmental or municipal authorities of its refusal or disapproval." Acceptance of the permit is acceptance of this condition. A statement that "The permittee does, by the acceptance of this permit, assume all responsibility for operations undertaken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and property resulting from such operations. By such acceptance, the permittee also agrees to indemnify and save harmless the Town and its officers, agents and employees from any and all claims arising from operations under this permit and any and all acts or omissions of the applicant, his agents and employees." Acceptance of the permit is acceptance of this condition. A statement that "The permittee and the owner and occupants of the premises upon which the operations authorized by this permit are being conducted do, by the acceptance of this permit, give consent to the Town and its officers, employees and agents to enter upon the premises where such operations are being conducted to make such inspections to determine whether said operations are being conducted in conformity with the permit and, if necessary, to conduct said operations according to the performance guarantee (§275-9E). A statement that "The permittee is required to notify the Trustees in writing one week prior to initiation of any and all operations." A statement that "The permittee is required to notify the Trustees in writing upon completion of operations such that the site can be inspected for issuance of a certificate of compliance (§ 275-13)." ~J~ A statement that "The permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within 90 calendar days of issuance of this permit." A statement that "The permittee is required to conspicuously post the permit and have the supporting Trustees' stamped plans available for immediate inspection at the work site at the commencement of work until which time the project is completed. § 275-11. Construction and operation standards. Southold Town Meeting Agenda - May 8, 2012 Page 33 General. The following standards are required for all operations within the jurisdiction of the Trustees: (1) Drainage upgrade. Applicants for a permit for any form of construction may be required to upgrade the site's drainage system such that all surf:ace water generated from impervious surf:aces shall be kept onsite through infiltration or retention. Applicants proposing grading or filling operations will be required to submit a drainage plan for the entire site at the discretion of the Trustees and must, in any event, comply with the requirements of Chapter 236. See also §275- 6A(14) for requirements. (3) New and remodeled homes. New and remodeled homes cannot be situated or modified such that they project closer to the wetland boundary than the mean seaward proiection of homes in the ~eneral vicinity and he, mc~ on either side of the subject lot. (4) Fences. (a) Trustees reserve the right to permit erection of a split-rail fence where the applicant has shown that there is a need to protect his/her private property. (b) Temporary or seasonal snow- fences may be permitted upon a showin~ of need for erosion control at the Trustee's discretion. ~-~ (c) Fences on a beach shall be perpendicular to the waterline and not closer than 40 20 feet to ....... the apparent high water mark. (d) Only one posted sign per 100 linear feet offence is allowed on a split-rail fence. Posted signs shall be no larger than 12 inches by 12 inches square. Any fence, barricade or impediment to pedestrian traffic on the beach or wetland area in violation of the provisions of this chapter shall be removed upon written notice to the owner of the premises upon which such fence, barricade or impediment is located sent by certified or registered mail. Such fence, barricade or impediment shall be removed by the owner within 30 days of the date of the notice. Upon failure to comply with such notice, the Building Inspector, the Office of Code Enforcement, Ce, dc -...v.u-c ....... ~.**~**~* r~mw..~.~ or Bay Constable may remove or cause the removal of the illegal structure. (e) If any fence, barricade or impediment is determined by the Building Inspector, the Office of Code Enforcement,~e,,~c _n.e, rccmcn~ Officer or Bay Constable to create a hazard to the health, safety or welfare of the public, such structure may be removed and disposed of by the Town without prior notice to the owner. Upon removal by the Town, all costs and expenses incurred by the Town for the removal of such fence, barricade or impediment shall be the responsibility of the owner. The Town may pursue any and all remedies available at law to recover any unpaid costs associated with removal, including filing a statement with the Town Assessors, identifying the property in connection with which such expenses were incurred and the owner thereof as shown on the latest assessment roll of the Town. The Assessors, in preparation of the next Southold Town Meeting Agenda - May 8, 2012 Page 34 assessment roll, shall 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 penalty as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. (6) ! d Platfo x,^ ,-1~1 ...... 1~,~' ....... 1~11 !~ ..... 1t~,~,-1 5! ~ (a) Platforms associated with stairs may not be larger than 32 square feet. (b) Platforms may not exceed 200 square feet and must be landward of the top of bluffi Shoreline structures. (1) Bulkheads, retaining walls, revetments and gabions. (4)(c) All bulkhead construction and renovation work requires the establishment of a permanent nonturf buffer as defined by §275-2. (~(d) Retaining walls are not permitted unless excessive erosion can be demonstrated. (4)(e) In order to prevent the release of metals and other contaminants into the wetlands and waters of Southold, the use of lumber pre-treated with any preservative, including but not limited to chromated copper arsenate (also known as "CCA"), penta products, Alkaline Copper Quat (ACQ), or homemade wood preservatives is prohibited for use in sheathing and decking on structures in the wetlands as well as on any part of a structure in low tidal flow wetland areas as determined by the Trustees. Any use of creosote is prohibited. Preservatives of any type, including but not limited to those listed above, cannot be applied to any bulkheads, retaining walls or revetments after installation. Encapsulated pilings or native nonchemically treated (untreated) lumber only should be used in sensitive Qg)(f) The use of tropical hardwoods is not permitted unless it is certified by the Forest Stewardship Council or similar organization. (4~)Lg) New bulkheads in creeks and bays are prohibited, unless the operation involves construction of a low-sill bulkhead or connects to adjoining functional bulkheads. (4)(h) Machine excavation is prohibited in tidal and freshwater wetland areas unless specifically authorized by permit. (4~)(i) No discharge pipes are allowed out of or over bulkheads unless permitted by the Trustees. (j) Individual residential stairs are prohibited on blufl~ in the Coastal Erosion Hazard Area if the property is part of an association that maintains a common stairway within a reasonable distance. (4)(k) Lighting: Any and all lights associated with bulkheads, retaining walls, stairs or poles in Trustee jurisdiction must be directed on the subject structure and not out into the adjacent wetland, waterway or property. Lights shall not be on unless the waterfront is in active use. Southold Town Meeting Agenda - May 8, 2012 Page 35 (m)(1) Backfilling: Only clean sand can be used for backfilling in eroded and excavated areas as well as behind new and repaired bulkheads. Garbage, asphalt, and C&D materials are strictly forbidden for use as backfill behind bulkheads. In water. (1) Jetties and groins; general rules. (g) All applicants for jetties and groins extending across the foreshore shall be required to give and maintain a public passing way, e,n thc up!and on the landward end of the iett¥ or groin as necessary, not less than fivo four feet in width, to enable persons to pass and repass over said structure by steps or a ramp allowing pedestrian passage. (2) Docks. ~ Except for structures used for water-dependent uses, there shall be no pe~anent structure located on or above the docks, ramps and floats. ~ ~y application for a dock to be constructed at the end of a ri~t-of-way or commonly held land requires the wri~en consent of all parties having an interest in the ri~t-of-way, regardless of how prope~y interests in the upland parcel may be divided among the owner(s), lessee(s), occupam(s), easemem holder(s), or any other person(s) or emity(ies) with a legal or beneficial interest in any existing or proposed docking hcility. ~ ~1 applicants for docks, including catwalks and ramps, e~ending across the foreshore shall be required to give and maintain a public passing way th 1 d d d fth d k --~+ 1~,~, +~-- n,,~ C~+ :-- i~ to enable persons to pass and repass around said dock or by steps or a ramp allowing pedestrian passage. t~ ~ Preexisting nonpermitted and/or nonconforming structures cabot be replaced in kind without ~11 review and approval by the Trustees. [ 11 ] [ 10]Personal wgercrafl or "jet ski" flogs cannot be added to any flog, stairway, or dock without a Trustee permit. Floats may not cumulgively exceed 120 square feet. [12][11]Li~ting: ~y and all li~ts associated with docks, flogs or poles must be directed on the subject structure and not out imo the adjacem wetland, wgerway or prope~y. LigMs shall not be on unless the dock is in active [i2][12]Utilities and Wger: If power and/or wger are to be installed on a dock, plans for the installgion must be provided to the Trustees g the time of applicgion, installgion of such amenities on an existing pertained dock requires obtaining a pe~it amendment from the Trustees. (b) Dock locgions and len~hs. Southold Town Meeting Agenda - May 8, 2012 Page 36 [3][d] No floating docks, floats, dock components, dt::k ~!indg or boats shall be stored on tidal wetlands, other intertidal areas or freshwater wetlands between April 1 and December 1 of each calendar year. No duck blinds may be stored on tidal wetlands, other intertidal areas or freshwater wetlands at any time. § 275-14. Transferability. A vahd Trustees permit ....... v ............... may be transferred to another applicant by approval of the Trustees upon a determination of the Trustees that the structure in its current state conforms to the terms and conditions of the permit as issued. ,~tt -^~ ~,~ · ..... c~--~ ....... :~-~ · ":~v,.~..w~^"~ ~.~ v~v~: ^~ apprc, va! and review ~ .............. The fee for transfemng said permit shall be $50. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record Resolution RES 2012 414 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] 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 [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-415 CA TEGORY: Legislation DEPARTMENT: Town Attorney LL/Amendments to Chapter 275 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 275~ Wetlands and Shoreline" to the Southold Town Plannin~ Southold Town Meeting Agenda - May 8, 2012 Page 37 Board and the Suffolk County Department of Plannin~ for their recommendations and reports. v' ~ote Record Resolution RES 2012 415 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] 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 [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-416 CATEGORY: DEPARTMENT: Property Acquisition Public Hearing Land Preservation Pekunka Open Space Set P. H. RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, May 22, 2012, at 4:34 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of property from Barbara J. Marczewski, Sandra M. Rinehart, and Michael M. Pekunka. Said property is located on the north side of Pipes Neck Road approximately 385 feet easterly from the intersection of NYS Route 25 and Pipes Neck Road to the LIRR track and further identified as part of SCTM # 1000-53-1-6. The area to be purchased is approximately 10.38± acres of the total property area, which excludes from the purchase an area of approximately 40,000 square feet (0.92 acre) that includes the existing residential dwelling and accessory structures. The address of the property is 475 Pipes Neck Road in Greenport, New York. The property is located within the LI (Light Industrial) zoning district. The proposed acquisition is for the Town of Southold to acquire fee title to approximately 10.38± acres of property. The exact area of the purchase is subject to a Town provided survey. The total purchase price is $550,000 (five hundred fifty thousand dollars) and is not based on a per acre value. The purchase will be funded by the Town's Community Preservation Fund. This acquisition project is eligible for an awarded grant from the New York State Office of Parks, Recreation and Historic Preservation to be used towards 50% of the purchase price plus acquisition costs. Southold Town Meeting Agenda - May 8, 2012 Page 38 The property is listed on the Town's Community Preservation Project Plan as property that should be preserved for purposes of open space, fresh and salt water marshes and wetland protection, and furtherance of a greenbelt. The purpose of this acquisition is for open space protection, passive recreational purposes, wetland and biological diversity protection and to expand the existing preservation and protection efforts of the Town and County within the Pipes Cove Area. Proposed uses of the property may include the establishment of a nature preserve, and a passive recreational area with trails, all subject to a Stewardship Management Plan that will be developed for this property. The Land Preservation Coordinator has review the acquisition in accordance with Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5. Sanitary Flow Credits may be available for transfer from the property upon the Town's purchase of the property. The transfer of the Sanitary Flow Credits will not be finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer of such credits into the Town TDR Bank. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Vote Record Resolution RES 2012 416 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] 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 [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-417 CATEGORY: DEPARTMENT: Attend Seminar Solid Waste Management District NrC Energy Efficient Vehicles Show RESOLVED that the Town Board of the Town of Southold hereby grants permission to Solid Waste Coordinator Bunchuck to attend an energy efficient vehicles and equipment show sponsored by the City of New York at Flushing Meadow Park on May 10, 2012. Attendance is free, use of a Town vehicle is authorized. Southold Town Meeting Agenda - May 8, 2012 Page 39 Vote Record Resolution RES 2012 417 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] 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 [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-418 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attomey Execute Contract #C007079 Between the Town of Southold and the New York State Department of State RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute Contract #C007079 between the Town of Southold and the New York State Department of State in connection with the restoration of Goldsmith Inlet, at a cost of$111,441.00 to the Town, subject to the approval of the Town Attorney. Vote Record Resolution RES 2012 418 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] 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 [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-419 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Ratifies and Approves &e Memorandum of Agreement Between the Town of Sou&old and Employee #7125, DatedMay 1, 2012 Southold Town Meeting Agenda - May 8, 2012 Page 40 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Memorandum of A~reement between the Town of Southold and Employee #7125~ dated May L 2012, resolving pending charges pursuant to Civil Service Law Section 75. v'V~teRecord Resolution RE~S~012 419- [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] 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 [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-420 CATEGORY: DEPARTMENT: Policies Town Attorney Adopt Family Medical Leave Act (FMLA) Policy RESOLVED that the Town Board of the Town of Southold hereby adopts the Town of Southold Family Medical Leave Act (FMLA) Policy~ effective immediately~ and directs the Accountin~ Department to distribute copies of the Policy to all employees. Vote Record ' Reso[ution RES 2012 420 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] 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 [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-421 CA TEGORY: Litigation Southold Town Meeting Agenda - May 8, 2012 Page 41 DEPARTMENT: Town Attorney Authorizes and Directs the Town Attorney's Office to Commence an Action for Injunctive Relief in Supreme Court, Suffolk County, Against Rose's Fineyard LLC and Joseph Paul Winery, Inc. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Attorney's Office to commence an action for in.iunctive relief in Supreme Court~ Suffolk County~ a~ainst Rose's Vineyard LLC and Joseph Paul Winery~ Inc. relating to the property located at 18910 County Route 48, Cutchogue, New York. Vote Record Resolution RES 2012 421 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] 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 [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-422 CATEGORY: Employment - Town DEPARTMENT: Accounting Deny F3~LA Leave to a Town Employee RESOLVED that the Town Board of the Town of Southold hereby denies the request for a leave of absence of Employee #7125 pursuant to the Family Medical Leave Act. Vote Record Resoluiion RES 2012 422 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] 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 [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action Southold Town Meeting Agenda - May 8, 2012 Page 42 2012-423 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA LL/Ut#ity Poles RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed Local Law entitled "A Local Law in Relation to Amendments to Chapter 237, Streets and Sidewalks, in connection with Utility Poles" is classified as a Type II action )ursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA. Vote Record Resolution RES 2012 423 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] 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 [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-424 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Clerk Enact LL/Chal)ter 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" 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 therefore be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 237, Streets and Sidewalks, in connection with Utility Poles" reads as follows: LOCAL LAW NO. 2012 Southold Town Meeting Agenda - May 8, 2012 Page 43 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: 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 Pail 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. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a 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 subject 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 Southold Town Meeting Agenda - May 8, 2012 Page 44 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. 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 424 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] 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 [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action Motion To: Adjourn Town Board Meeting VI. PUBLIC HEARINGS Motion To: Motion to recess to Public Hearing PH 5/8 7:32 PM LL/Chapter 237, Ut'ffity Poles