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AG-06/05/2012
ELIZABETH 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 June 5, 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 June 5, 2012 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrived Councilman William Ruland [] [] [] Councilman Christopher Talbot [] [] [] Councilwoman Jill Doherty [] [] [] Southold Town Meeting Agenda - June 5, 2012 Page 2 Councilman Albert Krupski Jr. [] [] [] Justice Louisa P. Evans [] [] [] Supervisor Scott Russell [] [] [] I. REPORTS 1. Island Group Employee Health Care Plan April 2012 2. Special Projects Coordinator May 2012 3. Solid Waste Management District April and May 2012 4. Zoning Board of Appeals May 2012 II. PUBLIC NOTICE IlL COMMUNICATIONS IV. DISCUSSION 1. 9:00 A.M. - Jim Bunchuck - Update on Charging Commercial Accounts through Wasteworks - Update on Grinder repairs - Need for p/t Seasonal CEO 2. 9:30 A.M. - Jim McMahon, Jamie Richter, Michael Collins Cost Estimates for Police Dept repairs/Highway Dept Barn repairs 3. 9:45 A.M. - Jamie Richter, Michael Comns PEP/MS4 East End Coordinator 4. Town-Wide Beach Cleanup 5. Request by Orient Board of Fire Commissioners to Install a Fire Well on Ryder Farm Lane 6. Justice Evans Fishers Island Bay Patrol hiring 7. LL/Waterfowl & Gull Feeding & Pet Waste Southold Town Meeting Agenda - June 5, 2012 Page 3 PH tonight 8. LL/Parldng Village Lane, Orient PH tonight 9. LL/Amendments to Chapter 275 PH tonight 10. EXECUTIVE SESSION- Labor Matters involving employment of particular person(s) 11. EXECUTIVE SESSION- Litigation - Town of Southold v. Rose's Vineyard, LLC and Joseph Paul Winery, Inc. d/b/a Vineyard 48 - Town of Southold, et al v. U.S. Army Corps. of Engineers - Mattituck Inlet claims 12. 10:00 A.M. - Jeff Standish Pet Waste At Peconic Lane Dog Park V. RESOLUTIONS 2012-462 CA TEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated June R 2012. Vote Record Resolution RES 2012 462 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn 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 2012-463 Southold Town Meeting Agenda - June 5, 2012 Page 4 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set Next Meeting 6/19/12 4:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held~ Tuesday~ June 19~ 2012 at the Southold Town Halk Southold~ New York at 4:30 P. M.. Vote Re'card Resolution RES 2012 463 [] 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 2012-461 TO BE DEFEATED Tabled 5/22/2012 4:30 PM CATEGORY: Enact Local Law DEPARTMENT: Town Clerk ENACT LL/~qpecial Events WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 24th day of April, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 205, Public Entertainment and Special Events" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, now therefor be it RESOLVED 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 205, Public Entertainment and Special Events" reads as follows: LOCAL LAW NO. 2012 Southold Town Meeting Agenda - June 5, 2012 Page 5 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 205, Public Entertainment and Special Events". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the intent of this Article to establish procedures and requirements for conducting special events in the Town of Southold to preserve the public peace, good order, the integrity of the use regulations established under the Zoning Code, to properly provide for the health, safety and welfare of the general public and to provide penalties for violations of the provisions herein. It is not the intent of this article to include the following: Ordinary and occasional use by owners of private property to host private gatherings to celebrate family events, holidays, etc. or to raise funds for charitable or other not for profit purposes. However, the use of residential property for profit, such as a venue for weddings, is prohibited at all times. The ordinary and occasional use by a special district for fundraising for its own purposes. Such use shall be on site and have adequate parking, ingress, egress, traffic control, and facilities to host such an event. The ordinary and occasional use of a property owned by a not for profit for fundraising for its own purpose. Such use shall be on site and has adequate parking, ingress, traffic control and facilities to host such an event. II. Chapter 205 of the Code of the Town of Southold is hereby amended as follows: Southold Town Meeting Agenda - June 5, 2012 Page 6 everas permit far a parade, v:a!k, ran, Southold Town Meeting Agenda - June 5, 2012 Page 7 §205-1. Def'mitions. PERSON Any association, partnership, corporation, cooperative group, trust or other entity, as well as an individual. SPECIAL EVENT Any temporary gathering, demonstration, performance, exhibition, amusement or activity with expected attendance that at any time exceeds the lawful occupancy of the public area of the building, the parking capacity of the site or that is not currently a permitted use of the property in the applicable zone, that is conducted or sponsored by a person, organization, entity or association, including but not limited to carnivals, circuses, fairs, bazaars, outdoor shows and concerts, parades, walks, runs, marathons, bicycle races or motorcycle rallies, and which involves one or more of the following: 1) 2) 3) 4) 5) the closing of a public street; the use, blocking or restriction of Town property or rights of way; the use of amplified sound; the sale of merchandise to the public; the sale or service of food to the public; the substantial increase or disruption of the normal flow of traffic on any street or 7) 9) highway; the placement of portable toilets; the placement of temporary no-parking or directional signs or banners; the use of any Town services that would not be necessary in the absence of such an event §205-2. Permit required. To preserve public peace, good order and the health safety and welfare of the residents of the Town of Southold, special events shall be prohibited in the Town of Southold, unless a special event permit is obtained in accordance with the requirements set forth in this chapter. The Zoning Board of Appeals office may accept a single application for a recurring event or a series of similar events (not to exceed 6 in a 3 month period) that are of like size and scope. §205-3. Application Requirements. Information and material to be submitted with an application for a special event permit includes the following: Southold Town Meeting Agenda - June 5, 2012 Page 8 A completed Special Event Application Form which includes the following information: a. Name, address and telephone number(s) of the person (s) who will be organizing the event and who can be contacted prior to and during the event by town officials~ b. The address of the event location. c. Proposed dates and hours of the special event, including set up and shutdown times; d. Expected maximum number of persons intended to use the property at one time and collectively, including organizers, employees, vendors, exhibitors and spectators/participants; e. Expected numbers of automobiles and other vehicles intended to use the property at one time and collectively; £ The name, address and telephone number of the person(s) who will be engaged in the preparation and/or sale of food, alcohol, beer and a copy of the State Liquor Authority License and County Department of Health Services permit number for the activity. g. Name and address and cellular telephone number of any security company which will work on the premises, and a description of the duties to be performed. h. The dimensions of any tents to be utilized for the event. All tents erected in connection with an event will require an application to and the approval of the Building Department i. Certification that the property where the event is to take place is not subiect to any covenant or restriction limitin~ its use, or if the use is restricted by easement or otherwise, a copy of a survey or diagram depicting the easement area and any reserved area where development rights are intact. j. The applicant must provide a certificate of general liability insurance naming the Town of Southold as an additional insured with limits of 2 million dollars per occurrence or such other limit as may be required by the Town Board. An application fee in the following amounts for each event: a. $150.00 for events with up to 250 attendees b. $250.00 for events with 251 to 500 attendees c. $350.00 for events with 501 to 749 attendees d. $450.00 for events with 750 to 999 attendees e. $550.00 for events with 1,000 or more attendees £ Applications that are submitted less than sixty (60) days prior to the proposed event may be reiected or subiect to a late processing fee of $250.00. A general description of the proposed event including: a. The purpose of the event and description of the nature of the activities to be carried on and the admission fee to be charged, if any; b. Names of groups, organizations, charities or individuals who shall benefit from the proceeds of the event. A parking/event plan showing: a. The size of the property and its location in relation to abutting streets or highways; Southold Town Meeting Agenda - June 5, 2012 Page 9 b. The size and location of any existing building(s) or structure(s) that will be in operation during the course of the event and any proposed building, structure or signs to be erected temporarily for the event; c. The location of the stage or tents, if any; d. The designated areas of use for spectators, exhibitors, vendors, employees and organizers; e. Location of all exits~ £ The location of all fire extinguishers and other fire safety equipment; g. The location of all temporary utilities to be installed for the event, if any; h. The layout of any parking area for automobiles and other vehicles and the means of ingress and egress for such parking areas. The parking spaces must allow for 300 sq. ft. per car. i. A traffic control plan for vehicles entering and leaving the site for the proposed event. Plan for the use of live outdoor music, loudspeakers and other sounds which will be used, if any and the type and location of speakers and other audio equipment. k. A description of emergency access and facilities related to the event. 1. Provisions to dispose of any garbage, trash, rubbish or other refuse. m. Location and description of any additional lighting to be utilized in conjunction with the event~ n. Location of sanitary facilities on site. A description of any signage to be displayed adjacent to a Town, county or state road, including size, location and dates of display. ZBA Chairperson may require the applicant to send and provide certification that written notice was sent to every property owner abutting or adjacent to the property where the event is to be held, as shown on the current Town of Southold assessment roll, and directly opposite (by extension of the lot lines through a street or right-of-way) of the property that is the subject of the application. Said notice shall include the date, time and location of the proposed special event. Notwithstanding the foregoing, the Chairperson of the Zoning Board of Appeals shall have the discretion to waive any application requirement set forth in this Section. §205-4. Application Review Procedure and Standards. All applications for a special event permit must be submitted at least sixty (60) days prior to a proposed event to the Zoning Board of Appeals office. Any applications that are incomplete will not be accepted or processed. When the Chairperson of the Zoning Board of Appeals determines said application is complete, the Chairperson shall distribute said application and documentation to any Town, County or State agencies that may have jurisdiction over the event for their review and comment on any of the criteria set forth in §205-4(5) of this Article. Such referrals may include the Police Department, the Planning Department, the Building Department, the Land Preservation Department, the Code Enforcement Department, Fire Safety Inspector and Town Attorney. Southold Town Meeting Agenda - June 5, 2012 Page 10 Upon receipt of comments, the Chairperson of the Zoning Board of Appeals shall determine whether to require revisions to the proposed event application. If no revisions are required or, upon the submission of a revised application, the Chairperson of the Zoning Board of Appeals may deny or approve the application with conditions. In determining whether to grant a special event permit, the Chairperson of the Zoning Board of Appeals shall consider the following: a. the size and capacity of the site to accommodate the proposed event; b. the facilities availabl% c. the availability of highway and other means of transportation to and from the site; d. Impact ofthe event on the safe and orderly movement oftraffic within and contiguous to the event; e. Need for the Town to police such event, and whether the numbers of police officers assigned to properly police such event will prevent the Town from providing adequate police protection to the remainder of the Town. £ Impact of the event on fire and police protection and ambulance service to the areas contiguous to the event and to the Town in general. g. Impact of the event on the movement of fire-fighting equipment or ambulance service to the Town or to areas contiguous to the event. h. Whether the owner, applicant or event sponsor has violated a previously issued special event permit; i. Verification that there are no outstanding violations on the property at which the event will be held or any outstandin~ or unsatisfied conditions of a town agency approval, including but not limited to those of the Planning Board or the Zoning Board of Appeals. j. Verification that the grant of the permit will not violate any existing covenants or easements on the property. k. Whether a permit has been ~ranted for a prior event that was the same or substantially similar to the event applied for; 1. If two or more events are scheduled for the same date are within a half mile radius of each other, the Chairperson of the Zoning Board of Appeals will determine if there are adequate resources for the events. If there are not sufficient resources to ensure public health and safety, the Chairperson of the Zoning Board of Appeals shall deny one or more permits if the impacts of the events cannot be mitigated. When deciding which event to deny, the Chairperson of the Zoning Board of Appeals shall consider the following: i. Whether the event is recurring ii. Whether the site has been subiect to a violation within the last three years. iii.The date the permit application was submitted. iv. If events occurred the prior calendar year, the Chairperson of the Zoning Board of Appeals shall consider what their impact was on that area of the Town v. Whether the event will yield a donation to one or more local charities. Southold Town Meeting Agenda - June 5, 2012 Page 11 m. If an applicant is requesting a special event permit that was held the previous year, the verification must be submitted from those charities listed on the previous application. n. Impacts on adiacent property owners and the surrounding neighborhood; and o. Any other matters that relates to the health, safety and welfare of the general public. Any event held on property owned, leased or controlled by the Town or a Special District within the Town, or any event where the expected attendance exceeds 1,000 people shall be subiect to approval by resolution ofa maiorit¥ of the Town Board. In reviewing applications for such events, the Town Board may consider the following criteria in addition to the criteria set forth above: a. The size of the premises in relation to the number of people attending the event; b. The sufficiency of arrangements made to control traffic, parking, noise, lighting and refuse; c. The frequency of events proposed or approved for the premises and whether the frequency is so great that the events constitute a persistent usage of the property incompatible with its character or with that of the surrounding area; d. Conflicts with ordinary public use of the land or facilities involved; e. Whether the applicant has been convicted for failure to comply with the terms of this chapter within the past three years; and £ Adherence to the Town Board policy of discouraging events at Town beaches and parks from the Friday before the observance of Memorial Day until Labor Day. For any event that is not on property owned, leased or controlled by the Town, a deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police and highway costs associated with the event. After the event, the deposit will be used to cover such costs and any monies remaining will be returned to the applicant. For any event that is to be held on land owned, leased or controlled by the Town of Southold: a. the applicant must provide a certificate of general liability insurance naming the Town of Southold as an additional insured with limits of 2 million dollars per occurrence or such other limit as may be required by the Town Board. b. the applicant shall pay a clean up deposit of $250; and c. Where the Town determines that there is no specific Town benefit from the event or that the event is conducted for profit, a deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police and highway costs associated with the event. After the event, the deposit will be used to cover such costs and any monies remaining will be returned to the applicant. Notwithstanding the foregoing, the Town Board shall have the discretion to waive any application requirement set forth in this Chapter. A special event permit is not transferrable and shall expire at the close of the event(s) for which it is issued. Southold Town Meeting Agenda - June 5, 2012 Page 12 11. The special event permit issued hereunder shall be displayed on the premises during the special event and shall be available for inspection by a police officer or other enforcement officer of the Town upon request. 12. Applications for tent permits required for any event must be submitted directly to the Building Department. §205-5. Modification or rescission of permit. If, after a permit is issued, the Chairperson of the Zoning Board of Appeals or Town Board determine that any of the representations and/or statements contained in the application are materially inaccurate or any of the conditions of the permit have not been complied with, the Town may serve the permittee's agent, a notice of rescission of special permit specifying the manner in which the permittee has not complied with the terms of its permit and/or identifying the incorrect information supplied in the application. The Zoning Board of Appeals Chairperson or the Town Board may, for good cause, modify or rescind such permit, absolutely or upon conditions. §205-6. Penalties for offenses. It shall be unlawful for any owner, occupant or their agents or any other person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Director of Code Enforcement, Zoning Inspector or the Southold Police Department or to conduct any special event in a manner not in compliance with a permit issued pursuant to this chapter and with the provisions of this Code. For each offense against any of the provisions of this chapter or failure to comply with a written notice or order of any Director of Code Enforcement, Zoning Inspector or the Southold Police Department within the time fixed for compliance therewith, the owner, occupant or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order of the Director of Code Enforcement, Zoning Inspector or the Southold Police Department shall be subiect to the following: a. Failure to obtain a permit. Any person conducting a special event that is regulated under this chapter without first obtaining a permit according to the procedures outlined herein shall be subiect to a fine not less than $500.00 and not more than $1,000.00. b. Failure to comply with the terms of a permit. Any person failing to comply with the terms of a permit shall be subiect to a fine of not less than $500.00 and not more than $1,500.00. For each subsequent offense, violator shall be guilty of a misdemeanor punishable by a fine not less than $500.00 nor more than $5,000.00. No new special event permits will be issued to any property owner, occupant or their agent if they are a named defendant in an outstanding or unresolved violation of this Chapter. The Town may also maintain an action or proceeding in a court of competent iurisdiction to compel compliance with or to restrain by iniunction the violation of this chapter. Southold Town Meeting Agenda - June 5, 2012 Page 13 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 461 [] 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 2012-464 CATEGORY: DEPARTMENT: Budget Modification Police Dept PD Budget Modification Fiscal Impact: Police Department - Stifling Eastern Shores Association Donation RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General Fund Whole Town budget as follows: Revenues: A. 2705.40 Gifts & Donations $100 Total $100 Appropriations: A. 3120.2.200.200 Office Equipment/Chairs $100 Total $100 · /VoteRecord ResolufionRES 2012 464 [] Adopted [] Adopted as Amended [] Defeated [] Tabled Yes/Aye No/Nay Abstain Absent William Ruland Cta'istopher Talbot [] [] [] [] [] [] [] [] Southold Town Meeting Agenda - June 5, 2012 Page 14 [] 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 2012-465 CATEGORY: DEPARTMENT: Attend Seminar Planning Board Seminar Fiscal Impact: none RESOLVED that the Town Board of the Town of Southold hereby grants permission to Heather Lanza, Planning Director, Mark Terry, Principal Planner, Brian Cummings, Planner, and Alyxandra Sabatino, Planner to attend a seminar on "Emerging Trends in Economic Development & Environmental Protection" at Suffolk County Community College in Riverhead, on June 12, 2012. All expenses for registration, travel to be a legal charge to the 2012 budget (meetings and seminars). Vote Record Resolution RES 2012 465 [] 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 2012-466 CATEGORY: DEPARTMENT: Public Service Town Clerk Fireworks Permit to North Fork County Club for a Fireworks Display on duly 4, 2012 to Celebrate Its 100Th Anniversary Southold Town Meeting Agenda - June 5, 2012 Page 15 RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a fireworks permit by the Town Clerk to the North Fork Country Club, for a fireworks display on July 4, 2012, on the Country Club's property at 26342 Main Road, Cutchogue, New York, to celebrate its leeth Anniversary, upon the payment of a single fee of $1ee and subject to the applicant's compliance with the requirements of the Town's policy regarding the issuance of fireworks permits and subject to the approval of the Town Attorney. Vote Record Resolution RES 2012 466 [] 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 2012-467 CATEGORY: DEPARTMENT: Budget Modification Human Resource Center HRC Budget Modification Fiscal Impact: To allocate funds into Katinka House supplies expense line RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General Fund Whole Town budget as follows: To; Revenues A. 2705.50 Adult Day Care Donations $600.00 Total $600.00 To; Appropriations A. 6772.4.100.120 Supplies and Materials $600.00 Total $600.00 Vote Record Resolution RES 2012 467 [] Adopted [] Adopted as Amended [] Defeated [] Tabled Yes/Aye No/Nay Abstain Absent William Ruland Ctn'istopher Talbot [] [] [] [] [] [] [] [] Southold Town Meeting Agenda - June 5, 2012 Page 16 [] 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 2012-468 CATEGORY: DEPARTMENT: Employment - FIFD Accounting Accepts Resignation of Donald Casavant WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their May 15, 2012 to accept the resignation of the following personnel, and WHEREAS the Town Board of the Town of Southold is required to approve appointments and resignations of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation effective May 15, 2012 of Donald H. Casavant, part-time purser, for the Fishers Island Ferry District. · / Vot~ Record Resolution RES 2012 468 [] 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 2012-469 CATEGORY: DEPARTMENT: Advertise Town Clerk Advertise for Scale Operator Southold Town Meeting Agenda - June 5, 2012 Page 17 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to advertise for the position of provisional Scale Operator for the Department of Solid Waste. Vote Record Resolution RES 2012 469 [] 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 2012-470 CATEGORY: DEPARTMENT: Special Events Recreation Special Event - Approve Use of Strawberry Fields Fiscal Impact: PD Cost Analysis : $3,122.64 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Town Fire Chief's Council Volunteer Firefighters Memorial Committee to use Strawberry Fields in Mattituck from Thursday, August 23 - Sunday, August 26 for a carnival to raise funds to build a firefighter's memorial in Cochran Park, providing 2. 3. 4. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold and the County of Suffolk as an additional insured; Coordinate traffic control upon notification of the adoption of this resolution with Captain Kruszeski 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 fees associated with this event have been waived. ~VoteRecord Resolution RES 2012 470 [] Adopted [] Adopted as Amended Southold Town Meeting Agenda - June 5, 2012 Page 18 [] 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 2012-471 CA TE GO R Y: Refund DEPARTMENT: Town Clerk Refund of Beach Sticker RESOLVED that the Town Board of the Town of Southold hereby approves a refund of $6.00 for a Southold Town beach sticker #05151, purchased by Donald Kirby, 95 Donna Drive, Mattituck, NY 11952 in error on May 4, 2012. Vote Record Resolution RES 2012 471 [] Adopted [] Adopted as Panended 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 2012-472 CATEGORY: DEPARTMENT: Attend Seminar Planning Board Fishers Island Trip RESOLVED that the Town Board of the Town of Southold hereby grants permission to Heather Lanza, Planning Director; James Rich III, Planning Board Member; Phillip Beltz, Special Projects Coordinator; Mark Terry, Principal Planner; Brian Cummings, Planner; and Alyxandra Southold Town Meeting Agenda - June 5, 2012 Page 19 Sabatino, Planner to all travel to Fishers Island on Wednesday, May 16, 2012 and return on Thursday, May 17, 2012 for the purpose of conducting public meetings regarding the S outhold Town Comprehensive Plan. All expenses including travel to be a legal charge to the 2012 Planning Budget (meetings and seminars). Vote Record Resolution RES 2012 472 [] 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 2012-473 CATEGORY: DEPARTMENT: Employment - Town Recreation Rescind 5/22 Resolution-Hire Seasonal Employee RESOLVED that the Town Board of the Town of Southold hereby rescinds the resolution that was approved at the May 22 meeting appointing the following individuals for the 2012 summer season, June 23 through September 3. STILLWATER LIFEGUARDS Matthew Grzesik (4th year) ....................................... $12.99/hour Christiana Marron (6th year) .................................... $13.54/hour RECREATION SPECIALISTS (WATER SAFETY INSTRUCTORS) Breton Worthington (lst year) .................................... $16.57/hour All three individuals have declined the position with the town. and be it further RESOLVED that the Town Board of the Town of Southold hereby appoints the following individual for the 2012 summer season, June 23 through September 3. STILLWATER LIFEGUARDS HOURLY SALARY Dylan Hahn (lst year) ........................................ $12.17 · /VoteRecord Resolution RES 2012 473 [] Adopted [] Adopted as Amended [] Defeated [] Tabled Yes/Aye No/Nay Abstain Absent William Ruland [] [] [] [] Cta'istopher Talbot [] [] [] [] Southold Town Meeting Agenda - June 5, 2012 Page 20 [] 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 2012-474 CATEGORY: DEPARTMENT: Ratify Fishers Island Reso. Town Clerk FIFD Raise Fees for Vehicles Over 18' 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 May 1, 2012 to raise fees as follows: "Any non-commercial vehicle over 18' will be charged an extra $10.00, residents $5.00, per roundtrip as of May 15, 2012 Sept 5, 2012." Vote Record Resolution RES 2012 474 [] 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 2012-475 CATEGORY: DEPARTMENT: Ratify Fishers Island Reso. Town Clerk FIFD Charging Additional Fees for Wait Time 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 May 1, 2012 charging for additional "wait" time for charters as follows: Southold Town Meeting Agenda - June 5, 2012 Page 21 "All charters will be allowed one half hour wait time before the boat returns to New London. After that period they will be billed at a rate of $100 per every 10 minutes." Vote Record Resolution RES 2012 475 [] 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 2012-476 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk American Diabetes Bike Ride 2012 Fiscal Impact: Police Department cost for Event $0 RESOLVED the Town Board of the Town of Southold hereby ~rants permission to the American Diabetes Association to use the followin~ roads for their Annual Bike Ride event, Tour de Cure on Saturday, June 9, 2012, from 10:00 a.m. to 3:00 p.m., Main Road (Route 25), Bray Avenue, Great Peconic Bay Blvd, Bay Avenue, New Suffolk Avenue, Grathwohl Road, Moores Lane, Tabor Road, Soundview Avenue, Mill Lane, County Road 48, Cox Lane, Oregon Road, East Mill Road, Wickham Avenue, Cox Neck Lane, Bergen Avenue, and Sound Avenue providing 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 for this event have been waived. ~VoteRecord Resolution RES 2012 476 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent William Ruland [] [] [] [] Southold Town Meeting Agenda - June 5, 2012 Page 22 [] 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 2012-477 CATEGORY: DEPARTMENT: Advertise Town Clerk dvertise for F] Bay Patrolman and Puml)out Boat Operator RESOLVED the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for a Fishers Island Bay Patrolman and a Fishers Island Pump-out Boat Operator in the Fishers Island Foghorn. Vote Record Resolution RES 2012 477 [] 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 2012-478 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Recreation Hire Summer Recreation Program Instructor Resolved that the Town Board of the Town of Southold authorizes and directs Supervisor Scott A. Russell to execute an agreement with the following individual for the summer 2012 Recreation programs, all in accordance with the approval of the Town Attorney. Funding for the instructors listed below has been budgeted for in the Recreation Department's 2012 instructor Southold Town Meeting Agenda - June 5, 2012 Page 23 line A7020.4.500.420. Megan Vinciguerra (Basic Web Design) ......................... $30/hour · / V~te Record Resolution RES 2012 478 [] 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 2012-479 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Clerk Microfilm Storage Contract RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an a~reement with Perpetual Stora~e~ Inc.~ 6279 E. Little Cottonwood Canyon Road~ Sandy~ Utah 84092 in connection with the storage of microffim of the Town of Southold inthe amount as set forth in Schedule "A", Schedule of Fees for Services and Additional Services, and Declared Value, attached to this resolution, all in accordance with the approval of the Town Attorney. Vote Record Resolution RES 2012 479 [] 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 - June 5, 2012 Page 24 2012-480 CATEGORY: DEPARTMENT: Public Service Town Clerk Approve the ]ssuance ora Fireworks Permit by the Town Clerk to the Mattituck Lions, for Fireworks Displays on dune 14 and dune 15, 2012 (Thursday and Friday) RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a fireworks permit by the Town Clerk to the Mattituck Lions~ for fireworks displays on Thursday~ June 14 and Friday~ June 15~ 2012 in con,junction with the Mattituck Lions' Strawberry Festival~ on the northeast side of Strawberry Field~ Mattituck New York upon the payment of a fee of $100, subject to the applicant's compliance with the requirements of the Town's policy regarding the issuance of fireworks permits and subject to the approval of the Town Attorney. Vote Record Resolution RES 2012 480 [] 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 2012-481 CATEGORY: DEPARTMENT: Surplus Equip - Non Usable Police Dept Asset #3302, Unusable Equipment WHEREAS the Town Board of the Town of Southold declared the following vehicle as surplus, 2005 Ford Crown Victoria VIN#2FAHP71W45X126757 Asset #3302 and WHEREAS the Town Clerk advertised for bids for said surplus and received none, now therefor be it RESOLVED that Asset #3302 is to be declared as unusable surplus equipment and disposed of. ~VoteRecord Resolution RES 2012 481 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent William Ruland [] [] [] [] Southold Town Meeting Agenda - June 5, 2012 Page 25 [] Tabled CN'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 2012-482 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Attorney PH 7/3/12 @ 7:32 PM $chriever/Change of Zone WHEREAS, the Town Board has made a motion to amend the Zoning Map of the Town of Southold by changing the Zoning District designation of SCTM #1000-45-7-5.3 from Residential Low-Density (R-40) to Residential Office (Re); and WHEREAS, the Town Board of the Town of Southold referred said Application to the Planning Board for review and recommendations; and WHEREAS, the Planning Board conducted a review of said Application and issued a Memorandum dated April 13, 2012, supporting this Application; and WHEREAS, the Local Law is entitled "A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning District Designation of SCTM #1000-45-7-5.3 from Residential Low-Density (R-40) to Residential Office (Re)". NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold is considering the change of zone of said parcel known as SCTM #1000-45-7-5.3; and it is further RESOLVED that the Town Board of the Town of Southold establishes itself as lead agency; and it is further RESOLVED that the Town Board of the Town of Southold requests that Principal Planner, Mark Terry, prepare a SEQRA report and recommendations; and it is further RESOLVED that the Town Clerk of the Town of Southold is directed to forward the matter to the Suffolk County Planning Commission for a report and recommendations; and it is further Southold Town Meeting Agenda - June 5, 2012 Page 26 RESOLVED that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County, New York, the Town Board of the Town of Southold will hold a public hearin~ on the aforesaid Local Law at Southold Town Hall~ 53095 Main Road~ Southold~ New Yorlh on the 3rd day of July~ 2012 at 7:32 p.m. The purpose of this Local Law is to change the Zoning District Designation of SCTM #1000-45-7- 5.3 from Residential Low-Density (R-40) to Residential Office (RO). The petitioner for this request is William W. Schriever. The property is approximately .813 acres (35,403 sq. ft.) and is located at 820 Front Street, Greenport, New York. Vote Record Resolution RES 2012 482 [] 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 2012-483 CATEGORY: DEPARTMENT: Employment - Town Accounting Authorizes PTMini Bus Driver Brian Dickerson to Work FT WHEREAS full-time employee # 5553 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 June 4, 2012; rate of pay at Mr. Dickerson's existing rate of $16.93 per hour. Vote Record Resoiution RES 2012 483 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended [] Defeated William Ruland [] [] [] [] [] Tabled Ct~'istopher Talbot [] [] [] [] [] With&awn Jill Doherty [] [] [] [] [] Supe~wisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] Southold Town Meeting Agenda - June 5, 2012 Page 27 [] Rescinded Louisa P. Evans [] Town Clerk's Appt Scott Russell [] Supt Hgwys Appt [] No Action 2012-484 CATEGORY: DEPARTMENT: Attend Seminar Town Attorney Grants Permission to ,4ssistant Town ,4 ttorney, Lori ~ Hulse, to ,4ttend the Seminar Entitled "Electronic Filing m NTS Supreme Court" at the Riverhead Courthouse m Riverhead, New 7ork, on June 11, 2012 RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to Assistant Town Attorney~ Lori M. Hulse~ to attend the seminar entitled "Electronic Filin~ in NYS Supreme Court" at the Riverhead Courthouse in Riverhead~ New York. on June 11, 2012. All expenses for registration and travel are to be a charge to the 2012 Town Attorney budget. Vote Record Resolution RES 2012 484 [] 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 2012-485 CATEGORY: DEPARTMENT: Attend Seminar Engineering .4 ttend Seminar "Protecting Our Water Resources" RESOLVED the Town Board of the Town of Southold hereby grants permission to James Richter, Mark Collins and Mark Terry to attend a Long Island Green Infrastructure Conference and Expo on" Protecting our Water Resources" at Brookhaven National Laboratory, on June 21, 2012, travel by town vehicle. All expenses for registration shall be a legal charge to the 2012 Engineering / MS4budget. Southold Town Meeting Agenda - June 5, 2012 Page 28 Vote Record Resolution RES 2012 485 [] 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 2012-486 CATEGORY: DEPARTMENT: Budget Modification Solid Waste Management District $I/VMD Budget Modifications: Gas Monitoring; Equipment Repairs Fiscal Impact: 1) Moves gas monitoring budget from groundwater line to its own budget line. Includes $1,700for site assessment work related to methane readings in monitoring well #4 2) Provides additional funds to complete grinder engine rebuild. RESOLVED that the Town Board of the Town of Southold hereby modifies the SWMD 2012 budget as follows: From: SR 8160.4.500.150 (Groundwater Monitoring) SR 8160.4.100.640 (Maim/Supply Trailer Fleet) SR 8160.4.400.655 (Contr. Repairs CAT 966) To: SR 8160.4.500.175' (Gas Monitoring) SR 8160.4.400.665 (Repairs/CBI Grinder) *New Budget Line $ 8,000 $1,500 $1,500 $11,000 $ 8,000 $ 3,000 $11,000 Vote Record Resolution RES 2012 486 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended -- [] Defeated William Ruland [] [] [] [] [] Tabled Ct~'istopher Talbot [] [] [] [] [] With&awn Jill Doherty [] [] [] [] [] Supe~wisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] Southold Town Meeting Agenda - June 5, 2012 Page 29 [] Rescinded Louisa P. Evans [] Town Clerk's Appt Scott Russell [] Supt Hgwys Appt [] No Action 2012-487 CATEGORY: DEPARTMENT: Budget Modification Public Works Fishers Island Basketball Court Improvements Fiscal Impact: Park & Playground Fund RESOLVED that the Town Board of the Town of Southold hereby increases the General Fund Whole Town 2012 budget as follows: TO Revenues: A. 2025.00 Appropriations: A. 1620.2.500.880 Special Recreation Facilities Park & Playground Fishers Island Basketball Court Improvements $2,000 $2,000 Vote Record Resolution RES 2012 487 [] 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 2012-488 CATEGORY: DEPARTMENT: Litigation Town Attorney Southold Town Meeting Agenda - June 5, 2012 Page 30 Retain Frank lsler/Fineyard 48 Litigation RESOLVED that the Town Board of the Town of Southold hereby retains Frank A. Isler, Esq. as Special Counsel in the Supreme Court, Suffolk County civil action entitled "Town of Southold v. Rose's Vineyard, LLC and Joseph Paul Winery, Inc. d/b/a Vineyard 48" under Index No. 12-15938. Vote Record Resolution RES 2012 488 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] WithO'awn Cta'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 2012-489 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Peconic Estuary Program Grant Application WHEREAS, the Peconic Estuary Program has requested the Town's assistance in sponsoring the submission of a Grant Application to the Suffolk County 0.25% Fund on behalf of the 12 East End Municipalities to fund a Program Coordinator to implement a proposed Inter-Municipal Agreement for collective efforts in MS4 permit compliance; and WHEREAS, the Grant Application will be prepared by the Peconic Estuary Program Office on behalf of the East End Municipalities, and the Town would act as the lead municipality in grant administration; and WHEREAS, the submission of the Grant Application does not commit the Town to signing the future Inter-Municipal Agreement to be offered to the 12 East End Municipalities; and WHEREAS, the Town of Southold would have the right to review and approve the future Work Plan prepared for implementation of the Year 1 tasks to be funded by the grant prior to signing the Grant Agreement, if awarded. NOW, THEREFORE, BE IT Southold Town Meeting Agenda - June 5, 2012 Page 31 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Grant Application as lead Municipal Sponsor. · / X~ote Record Resolution RES 2012 489 ' ' [] 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 2012-490 CATEGORY: DEPARTMENT: Seqra Town Attorney SEQRA LL/~aterfowl RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local Law in relation to Amendments to Chapter 83~ Animals~ in connection with Waterfowl and Gull Feedin~ and Pet Waste" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated June 4, 2012, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Vote Record Resolution RES 2012 490 [] 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 - June 5, 2012 Page 32 2012-491 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact LL Chapter 83 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~ Animals~ in connection with Waterfowl and Gull Feedin~ and Pet Waste" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor 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 83~ Animals~ 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 runoff 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 - June 5, 2012 Page 33 ARTICLE IV Waterfowl and Gull Feedin~ and Domestic Pet Waste §83-17. Def'mitions. 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. Southold Town Meeting Agenda - June 5, 2012 Page 34 B. Domestic Pet Waste: 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 of a 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. Vote Record Resolution RES 2012 491 [] 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 ~ Louisa P. Evans [] [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell [] [] [] [] Southold Town Meeting Agenda - June 5, 2012 Page 35 [] Supt Hgwys Appt [] No Action 2012-492 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk ENACT Chapter 260 Fi#age La, Orient WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, onthe 8 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" 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 be given an opportunity to be heard, and 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 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: 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 Southold Town Meeting Agenda - June 5, 2012 Page 36 Village Lane West Name of Street Side King Street South At Orient, between a point 50 feet north of the northerly curbline of Orchard Street and apc. irX 675 fcct ~cx:thcr!y thcrcc, f extending to the terminus of Village Lane at the intersection with King Street 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 492 [] Adopted [] Adopted as Panended 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 2012-493 CATEGORY: DEPARTMENT: Enact LL Chapter 275 Enact Local Law Town Clerk Southold Town Meeting Agenda - June 5, 2012 Page 37 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" 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, and 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 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. 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 clarify 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. Definitions; word usage. o..~..~1~11 .*~1~ ...., ~ ~-~ ..... -.~,--.so:-~' gi;'cn 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). .a, DMINISTRATIVE PERMIT ~- AQUACULTURE The raising or cult~vatmn ofnur~cry ~pawn ...... ;- ~ ; '~;~ ~-*~; .... * ...... *~"; ..... off'heRoin living aquatic organisms. .......... ~, ~**~ ........ ~, ~r:cn. **ar~cr an.. ~cu.**c... ~ay. of water within the boundaries of the Town of Southold excludin~ the Lon~ Island Sound and those defined under Creeks. BEACH -- The zone of unconsolidated each that e~ends 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 Southold Town Meeting Agenda - June 5, 2012 Page 38 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 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 F~CTION~ -- ~y structure that has essentially retained its pu~ose and use .......... v ......... o ..... v ............................ , as dete~ine e Board of Trustees. GROIN -- A man-made ba~ier typically pe~endicular to the shoreline used to change the natural li~oral drift, · ~i-+~i- :--1~+ preveBt erosloB: .................. ~raB¢~s: or protect aB area from ~-ave energy, c ~ ": ~"" JETTY -- A man-made ba~ier pcrpcn..i:a.ar ~ +~ :-crc2nc used to :-angc ~-c ..ri~, maintain beach elevation, prevent erosion, and maintain inlet entrances., ..... LOW-PROFILE JETTIES -- The definition of a low-profile je~y is site specific, but typically is a structure no higher than 18 inches tc 2 ~ in:kca above existing soil or sediment ~ade on the down-drift side and shall not e~end seaward of apparent low water. MATERI~ -- Soil, sand, stone, ~avel, clay, bog, peat, mud, wood or any other material, including liquids, organic or inorganic. ME~ HIGH WATER (MHW) -- The average of all the high water heists observed over the most previous nineteen >'car pcricd eighteen and a half Tear period. ME~ LOW WATER (MLW) -- The average of all the low water heights observed over the most previous nineteen >'car pcricd eighteen and half Tear period. MOORING -- ~choring for ~eater than ~ 4~ hours other than in designated anchorage areas as established bT a governmental agency. NONDISTURB~CE BUFFER -- A vegetated area, a minim'am cf20 fcct wide er as designated by the Board of Trustees, immediately landward of the wetland bounda~, shoreline structure, or other line desi~ated 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. Southold Town Meeting Agenda - June 5, 2012 Page 39 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~ ........ native vegetation, wood chips, mulch, gravel, and sand. allowed. Examples include: -~*"~ ' 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 an,/otherwi:c activity within Trustee jurisdiction. (2) T~,~..~ ~o.~ ~ ..... :~ cr ~i~c~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 cvcr WETLANDS (TIDAL) (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.). WH,5~RF ~ ..... ; .... Southold Town Meeting Agenda - June 5, 2012 Page 40 § 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 100 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: 100 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 (10) Installation of new or replacement windows, roof shingles, solar panels, siding, doors, and second story additions only if additions are within the existing footprint and are made to an upland, permitted structure, dcrmcrg and_aiding an (11) The relocation of an existing septic system from within Trustee jurisdiction to outside Trustee jurisdiction. (12) Fla~oles specifically used for that pu¢ose, with a base not ~eater 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 jurisdiction and the operations. (11)(14) Notwithstanding the above listed exceptions, operations within a designated nondisturbance buffer are prohibited. Southold Town Meeting Agenda - June 5, 2012 Page 41 § 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 maiorit¥. 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. 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. 6m)(k)Decks. (m)(1) Minor alterations to existing permitted shoreline structures including stairs, bulkheads and docks. Southold Town Meeting Agenda - June 5, 2012 Page 42 (3) (~(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 property. CO(n) An application for proposed aquaculture activity that includes surf:ace mounting gear in an area greater than five square yards. (o) Deer fences if located a minimum of 25 feet landward of the wetland boundary line or bulkhead line, whichever designated line is most landward. Under no circumstances are deer fences permitted in a non- disturbance area. Any such activities ~ha!! may require the addition of a nonturf buffer area nc, t to, cxccc~ 20 ~ct '::i~c 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 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. Southold Town Meeting Agenda - June 5, 2012 Page 43 Every non-administrative application for a Trustees wetlands permit filed with the C!cr!: 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 gtn::tarcg 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 subject of the site visit. Dock and float fee. Every application for a new dock or float shall include a fee cqaa! re. $3 per ~qaarc fa. et fe.r rc~i~cr~ia! an~ ~e. mmcr~ia! ~e.~!~ 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 Jhcilitate 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!cr!: 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, Stormwater Management Officer, when~.v~**~,:~ ......... v**~ ~: re. the Planning Department, and e. ncce. py re. the Zoning Board, an.~ e. ncce. py ~e. ~c ~:~c.~ w: ...... c e. fficc cf thc Tn:atcca. The Conservation Advisory 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 written 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 forth in such report. If no response is received within 20 days, ~ .... ~ .................. o ........................... Ad;'iae. ry Ce. anti! rc;'icw, the review by the Conservation Advisory Council shall be deemed waived. § 275-10. Contents of permit. D.C~ The conditions imposed by the Trustees on the issuance of the permit. g:D~ The specific location of the areas to be affected by the operations of the permittee. Southold Town Meeting Agenda - June 5, 2012 Page 44 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 failure 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)." ~5~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. 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 Southold Town Meeting Agenda - June 5, 2012 Page 45 (3) (4) must, in any event, comply with the requirements of Chapter 236. See also §275- 6A(14) for requirements. 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 general vicinity and hc, mc~ on either side of the subject lot. 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 showing of need for erosion control at the Trustee's discretion. S'~:ch (c) Fences on a beach shall be perpendicular to the waterline and not closer than 44~ 20 feet to MHW 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, Cc,~c ~..~v.u-c ....... ~-~-~* r~m~.~ 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,~o,.c ~n~orccmcn~ ©ffi:cr 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 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. Southold Town Meeting Agenda - June 5, 2012 Page 46 (6) Dcc!zg and Platforms x,^ ,4~1 ...... 1~,4- .......u~11 u ..... ;~,~,4 ........ (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 blufl~ 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 areas. 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. (4e)(i) No discharge pipes are allowed out of or over bulkheads unless permitted by the Trustees. (j) Individual residential stairs are prohibited on bluflk 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. (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. Southold Town Meeting Agenda - June 5, 2012 Page 47 (1) (2) (b) 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, cn thc upland on the landward end of the ietty 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. 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. Dock locgions and len~hs. [3]Id] No floging docks, floats, dock componems, duck 5!indg or bogs shall be stored on tidal wetlands, other ime~idal areas or freshwger wetlands between April 1 and December 1 of each calendar year. No duck blinds may be stored on tidal wetlands, other inte~idal areas or freshwger wetlands g any time. Southold Town Meeting Agenda - June 5, 2012 Page 48 § 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~--~ ....... :~-~ -':~..~..w~^"~ ~.~ ~v~: ^~ appr~¥a! an~ rc¥icw ~ .............. 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 493 [] 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 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 5/22/12 ~ 4:32 PM LL/Special Events History: 05/22/12 Town Board ADJOURNED Next: 06/05/12 PH 6/5 7:32 PM LL/Waterfowl & Gull & Pet Waste PH 6/5/12 ~ 7:34 PM LL/Village Lane Parking PH 6/5/12 ~ 7:36 PM LL/275 Amendments Southold Town Meeting Agenda - June 5, 2012 Page 49 Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at P.M. Elizabeth A. Neville Southold Town Clerk