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Home My WebLink AboutTB-04/10/2012ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (63 I) 765 - 1800 southoldtown.north fork.net MINUTES April 10, 2012 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, April 10, 2012 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 7:30 PM with the Pledge of Allegiance to the Flag. Call to Order 7:30 PM Meeting called to order on April 10, 2012 at Meeting Hall, 53095 Route 25, Southold, NY. Title Status William Ruland Town of Southold Councilman Present Christopher Talbot Town of Southold Councilman Present Jill Doherty Town of Southold Councilwoman Present A!be~psk!~r~ Town 0fS0uthold C0un~ilman Present Louisa P. Evans ' Town of Southold Justice Present SCPt[R~ssell Town of S0uthold SuPeryis0r Prese!~~ Elizabeth A. Neville Town of Southold Town Clerk Present I. Reports 1. Zoning Board of Appeals 2. Special Projects Coordinator 3. North Fork Animal Welfare League 4. Department of Public Works 5. Zoning Inspector April 10, 2012 Southold Town Board Meeting Minutes Page 2 II. Public Notices 1. New Liquor License Applications III. Communications IV. Discussion. 1. 9:00 - Phillip Beltz, Amy Burns-MacGuirc, Tony Cocheo, Linton Ducll, Carolyn Fahey, Rona Smith 2. 9:30 - Mark Terry, Hugh Switzcr, Lillian Ball 3. 10:00 - Leslie Weisman 4. Mattituck Inlet Natural Resource Management Plan Project 5. Mill Road Drainage Plan 6. Strcetlight Upgrades 7. Bicycling Events 8. No Truck Traffic on Love Lane 9. Greenport Fire Dept. Permit to Display Fireworks Fee 10. LL/Amendments to Chapter 83, Waterfowl & Gull Feeding & Pet Waste 11. Contractor License Requirements for Disposal Permits 12. LL/Amendments to Chapter 280, Second Dwellings 13. LL/Amendments to Chapter 237, Utility Poles 14. LL/Amcndments to Chapter 280, Site Plan Amendments 15. LL/Amendments to Chapter 111, Coastal Erosion Hazard Areas 16. 12:14 Executive Session - Melissa Spiro, Land Preservation 17. 11:45 - Phillip Beltz, Heather Lanza, Don Wilcenski, Martin Sidor 18. Executive Session - Litigation 19. Executive Session - Labor April 10, 2012 Southold Town Board Meeting Minutes Page 3 Pledge to the Flag Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance. Thank you. If anybody would like to comment on any of the agenda items, please feel free to come up now. On the agenda? Please. Diana Van Buren DIANA VANBUREN: Hi, my name is Diana VanBuren, I am the president of the North Fork Audubon Society and I am here just to say that the Group for the East End has been in touch with us over the last few days and as we have for the last 15 years, our intention is to do our best to protect the plovers over the upcoming season while working closely with Group for the East End. Thank you. COUNCILMAN TALBOT: Thank you. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to comment on any of the agenda items? Unidentified UNIDENTIFIED: Is Goldsmiths Inlet on the agenda? Supervisor Russell SUPERVISOR RUSSELL: There is no agenda item that will be taking any action on Goldsmiths Inlet. We had a discussion on it today and I will certainly listen to everything you have to say when we finish the agenda. Okay, let's move ahead. V. Resolutions 2012-306 CA TEGOR Y: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated ~pril l0t 2012. · /"Vote RecOrd - Resolution RES-2012-306 ~ Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended [] Defeated William Ruland Voter [] [] [] [] [] Tabled Chrlstopher Talbot Seconder [] [] [] [] [] Withdrawn Jill Doherty Voter [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Voter [] [2] [] FI [] Tax Receiver's Appt Louisa P. Evans Initiator [] [] [] [] April 10, 2012 Southold Town Board Meeting Minutes Page 4 [] Rescinded Scott Russell Voter [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-307 CA TE GO R Y: DEPARTMENT: Set Meeting Town Clerk Set Next Meeting 4/24/12 4.'30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held~ Tuesday~ April 24~ 2012 at the Southold Town Itall~ Southold~ New York at 4:30 P. M.. Y~te R~0rd R~t~on Rlg~20t2-307 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland : Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [2] [] Tax Receiver's Appt Albert Kmpski Jr, Voter [] [] F1 [] [] Rescinded Louisa P. Evans Initiator [~ [] [] [] [] Town Clerk's Appt Scoi~ Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-308 CA TEGOR Y: DEPARTMENT: Committee Appointment Town Clerk Architectural Review Committee Appointment & Reappointment RESOLVED the Town Board of the Town of Southold hereby appoints Stephen Geraci and reappoints Ronald McGreevy to the Architectural Review Committee for three years, effective through March 31, 2015. Vote Record - Resolution RES-2012'308 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Seconder [] [] [] [] [] Defeated Christopher Talbot Voter [] [] [] [] [] Tabled Jill Doherty Initiator [] [] [] [] [] Withdrawn I Albert Kmpski Jr. Voter [] [] r'l [] April 10, 2012 Southold Town Board Meeting Minutes Page 5 [] Supervisors Appt Louisa P. Evans : Voter [] [] [] [] [] Tax Receiver's Appt Scott Russell Voter [] [] [] [] [] Rescinded [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-309 CA TEGOR Y: Refund DEPARTMENT: Town Clerk Refund for HRC Payment RESOLVED the Town Board of the Town of Southold hereby authorizes a refund of $275.00 to Catherine Marangas for unused fee to Katinka House for Theodore Marangas for the period from February 14 through February 29, 2012, as recommended by the Karen McLaughlin, Director of Human Services. ~ V'o~ R~0~d ~ ReS~i~tion RE8-'2012~309 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator ~ [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter ~1 [] [] El [] Tax Receivers Appt Albert Kmpski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-310 CATEGOR~ DEPARTMEN~ Committee Appointment Town Clerk Amend Anti-Bias Task Force Appointments & Reappointments RESOLVED the Town Board of the Town of Southold hereby amends Resolution No. 2012-282 as follows by adding Cynthia Kumelos-Smith whose name was inadvertently omitted for reappointment: RESOLVED the Town Board of the Town of Southold hereby appoints Phillip G. Hoffman and reappoints Rev. Nathaniel Heyward, Michael Domino, Marjorie Day, and Cynthia Kumelos- April 10, 2012 Southold Town Board Meeting Minutes Page 6 Smith to the Anti-Bias Task Force for three year terms, effective through March 31. 2015. Vote ReCord - Re~olution RES-2012-310 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] [] [] Rescinded Louisa p. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell ~ Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-311 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Oysterponds UFSD 5K Run/Walk on May 14, 2011 Fiscal Impact: Police Department cost for event = $233.67 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Oysterponds U.F.S.D. to hold its Annual Charles Woznick Scholarship Fund 5K Run[Walk race on Saturday, May 12~ 2012 beginning at 10:00 AM and to use and close the followin? route and roads: Main Road (at school) to Platt Road, Halyoke Road Orchard Street, Narrow River Road, Harbor Street, Douglass Street, King Street, Village Lane, and Tabor Road, Orient, New York, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Kruszeski upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees shall be waived for this event. Vote Record -Resolution RES-2012-311 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland -- Voter [] ~] [] [] [] Withdrawn Christopher Talbot Seconder [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action April I0, 2012 Page 7 Southold Town Board Meeting Minutes 2012-312 CATEGOR~ DEPARTMENT: Budget Modification Police Dept Police Department-Budget Modification Fiscal Impact: Southold Town Police Department Donation - Marangas RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Whole Town General fund budget as follows: To: Revenues: A.2705.40 Gifts & Donations $100 To: A.3120.2.200.200 Office Equipment/Chairs $100 · ~ Vote Record - Resolution RES-2012-312 a [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Jill Doherty Voter E] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] tn [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-313 CATEGORY: DEPARTMENT: Employment - Town Accounting Appoint Catherine A. Kreshon Clerk-Typist RESOLVED that the Town Board of the Town of Southold hereby appoints Catherine A. Kreshon to the position of full-time Clerk Typist for the Assessors Department, effective April 16, 2012, at a rate of $35,766.63 per year. · ~ Vote Record ~ Resolution RES-2012-313 ~. Adopted I Yes/Aye No/Nay Abstain Absent April 10, 2012 Page 8 Southold Town Board Meeting Minutes [] Adopted as Amended William Ruland Seconder [] [] [] [] [] Defeated Chr/stopherTalbot ~ Voter El [3 121 [] Tabled Jill Doherty Initiator El [3 [2] [] Withdrawn Albert Krupski Jr. Voter [] [] [] [] [] Supervisor's Appt Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt Scott Russell Voter El [3 [3 [] [] Rescinded [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-314 CATEGORY: DEP/IRTMENT: Close/Use Town Roads Town Clerk Mattituck Athletic Booster Club 5K Run~Walk Fiscal Impact: Total Police Cost for the Event = $313.66 RESOLVED the Town Board of the Town of Southold hereby grants permission to Mattituck Athletic Booster Club to hold a 5K Run/Walk in Mattituck on Saturday June 9~ 2012~ be~innin~ at 9:00 AM, and to use the following route: begin at Mattituck High School head south on Maple Ave; cross Route 25 to Reeves Avenue, head south, turn left at New Suffolk Avenue, east and then turn right onto Marratooka Road and proceed south; loop left on Center Street and Bungalow Lane back to Marratooka Road heading north; cross New Suffolk Avenue to Marratooka Lane, left at Route 25, right on Wickham Avenue, right on Pike Street, return to Mattituck High School westerly entrance for the finish, provided: 1. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; 2. Coordinate traffic control upon notification of the adoption of this resolution with Captain Kruszeski 3. No permanent markings be placed on town, county or state roads or property for the event; 4. Any road markings or signs for the event be removed within twenty-four (24) hours of the completion of the event. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees have been waived for this event. Vote Record - Resolution RES-2012-314 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Initiator [] [] [] [] [] Defeated Ctuistopher Talbot Voter [] [] [] [] [] Tabled Jill Doherty Voter [] [] [] [] [] Withdrawn Albert Krupski Jr. Seconder [] [] [] [] April 10, 2012 Page 9 Southold Town Board Meeting Minutes [] Supervisor's Appt Louisa P. Evans Voter [] Tax Receivec's Appt Scott Russell Voter [] Rescinded [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-315 CATEGORY: DEPARTMENT: Attend Seminar Police Dept Police Department RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective Sergeant John Sinning and Police Officer Roman Wilinnki to attend the Combating Gangs, Dru~, Traffickin~ Or~ani~ations and Violent Offenders (MAGLOCLEN) seminar in Atlantic City, New Jersey from June 11-15 2012. All expenses for travel, lodging and meals to be a legal charge to the 2012 Police Training Budget line- A.3020.4.600.200. ~ Vc~te R~c0rd., R~oluti0n RES-2012-315 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [3 F~ ~ Withdrawn Christopher Talbot Voter El ffl [] [] [] Supervisor's Appt Jill Doherty Seconder [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter El [] [] FI [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-316 cA TEGOR Y: Employment - Town DEPARTMENT: Recreation Establish Summer Seasonal Employee Salaries RESOLVED that the Town Board of the Town of Southold hereby establishes the following seasonal employee salary schedule for 2012 summer employees of the Recreation Department: April 10, 2012 Southold Town Board Meeting Minutes Page 10 STILLWATER LIFEGUARDS 1st year ..................................................................... $12.17/hour 2nd year ..................................................................... $12.44/hour 3rd year ..................................................................... $12.72/hour 4th year ..................................................................... $12.99/hour 5th year ..................................................................... $13.27/hour 6th year ..................................................................... $13.54/hour 7th year ..................................................................... $13.82/hour 8th year ..................................................................... $14.09/hour 9th year+ ..................................................................... $14.37/hour BEACH ATTENDANTS 1 st year .................................................................. $9.42/hour 2nd year ..................................................................... $9.58/hour 3rd year ..................................................................... $9.75/hour 4th year ..................................................................... $9.91/hour 5th year ..................................................................... $10.08/hour 6th year ..................................................................... $10.24/hour 7th year ..................................................................... $10.42/hour 8th year ..................................................................... $10.60/hour 9th year+ ..................................................................... $10.78/hour RECREATION SPECIALISTS (WATER SAFETY INSTRUCTORS) 1st year ..................................................................... $16.57/hour 2nd year ..................................................................... $16.82/hour 3rd year ..................................................................... $17.07/hour 4th year ..................................................................... $17.32/hour 5th year ..................................................................... $17.57/hour 6th year ..................................................................... $17.82/hour 7th year ..................................................................... $18.07/hour 8th year ..................................................................... $18,32/hour 9th year+ ..................................................................... $1 $.57/hour BEACH MANAGERS 1 st year ..................................................................... $13.54/hour 2nd year ..................................................................... $13.84/hour 3rd year ..................................................................... $14.14/hour 4th year ..................................................................... $14,44/hour 5th year ..................................................................... $14.74/hour 6th year ..................................................................... $15.04/hour 7th year ..................................................................... $15.34/hour 8th year ..................................................................... $15.64/hour 9th year+ ..................................................................... $15.94/hour April I0, 2012 Southold Town Board Meeting Minutes Page 11 RECREATION AIDES {PLAYGROUND INSTRUCTORS) 1st year ..................................................................... $11.34/hour 2nd year ..................................................................... $11.59/hour 3rd year ..................................................................... $11.84/hour 4th year ..................................................................... $12.09/hour 5th year ..................................................................... $12.34/hour 6th year ..................................................................... $12.59/hour 7th year ..................................................................... $12.84/hour 8th year ..................................................................... $13.09/hour 9th year+ ..................................................................... $13.34/hour LIFEGUARD TRAINER 1st year ..................................................................... $15.74/hour 2nd year ..................................................................... $15.99/hour 3rd year ..................................................................... $16.24/hour 4th year ..................................................................... $16.49/hour 5th year ..................................................................... $16.74/hour 6th year ..................................................................... $I 6.99/hour 7th year ..................................................................... $17.24/hour 8th year ..................................................................... $17.49/hour 9th year+ ..................................................................... $17.74/hour And be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes the issuance of free beach parking permits to the following employees: Water Safety Instructors, Beach Attendants, Lifeguards, Lifeguard Trainer, Beach Managers, and Recreation Supervisor Kenneth Reeves. ~': Vote Record - Resolution RES-2012,316 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder ~ [] [] [] [] Supervisor's Appt Jill Doherty Voter [] F1 [] [] ~ Tax Receiver's Appt Albert Kxupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell : Voter [] [] U] [] [] Supt Hgwys Appt [] No Action 2012-317 CA TEGOR Y: DEPARTMENT: Special Events Human Resource Center April 10, 2012 Page 12 Southold Town Board Meeting Minutes Approval to Collaborate on Senior Event with San Simeon RESOLVED that the Town Board of the Town of Sonthold hereby approves the joint collaboration between the Town of Southold and San Simeon By the Sound Nursing Home for a special event in recognition of National Older Americans Month in May. The event "Caretaker Appreciation Day" will be held at San Simeon By the Sound Nursing Home, 61700 County Road 48, Greenport, New York on May 17, 2012 from 4:30-6:30 PM. The Town will assist with expanded outreach efforts to be coordinated through the Department of Human Services. There will no additional expense to the Town related to this special event. Vot~ Re~ord e Resolution RES-20!2-317 [] Adopted [] Adopted as Amended F1 Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter ~ [] El ~ [] Withdrawn Christopher Talbot initiator gl El ~ FI [] Supervisor's Appt Jill Doherty Voter gt [2] El [] [] Tax Receiver's Appt ~ Albert Kmpski Jr. Voter [~ [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter gl [] F1 [] [] Supt Hgwys Appt [] No Action 2012-318 CA TEGOR Y: DEPARTMENT: Attend Seminar Police Dept Police Department-Dive Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to Police Sergeant Richard Perkins, Police Sergeant William Helinski, and Police Officer Richard Buonaiuto to attend a seminar on Dive Rescue I at the Orient Fire Department~ Orient, NY commencing on Friday, May 18 through Monday, Sunday May 20, 2012. All expenses for registration to be a legal charge to the 2012 Police Budget Training Line - A.3120.4.600.200. ~ote Record ~ Resolution RES-2012-318 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder gl F1 [3 [] [] Tabled [] Withdrawn Christopher Talbot Voter [] Supervisor's Appt Jill Deher~y Initiator ~ [] : [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter ~ [] : [] : [] [] Rescinded Louisa P. Evans Voter ~ El 1'3 [] [] Town Clerk's Appt Scott Russell Voter ~ r3 El [] [] Supt Hgwys Appt ~[3 No Action April 10, 2012 Southold Town Board Meeting Minutes Page 13 2012-319 CATEGORY: DEPARTMENT: Consulting Accounting Engage Actuary for GASB 45 Valuations Fiscal Impact: Engage actuary to provide GASB 45 valuation for 2011 and 2012financial statement purposes RESOLVED that the Town Board of the Town of Southold hereby engages Chernoff~ Diamond & Co.~ LLC to provide actuarial valuation and related professional services to the Town relative to GASB Statement 45 (Post-Retirement and Other Post-Employment Benefits) for the fiscal years ending December 31~ 2011 and December 31~ 20~ ~ in an amount not to exceed $12,000 for FY 11 and $2,500 for FY 12, which shall be a legal charge to the Accounting and Finance Department's 2012 and 2013 Actuarial Services budget ,propriation (A. 1310.4.500.200). Vote'Record - Resolution RE8-2012-319 El Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator El [] [] [] [] Withdrawn Christopher Talbot Voter El [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter El [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-320 CA TE G OR Y: DEPARTMENT: Refund Town Attorney Refund to Surrey Lane LLC from the Town of Southold RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund (from Account #H3.1189.10) to Surrey Lane LLC from the Town of Southold in the amount of $24~900.00 in connection with its payment of the Community Preservation Fund tax on property in Southold (SCTM #1000-69-5-18.6) purchased by Surrey Lane LLC on December 6, 2011, as the transaction is exempt from the CPF tax. April 10, 2012 Southold Town Board Meeting Minutes. Page 14 Vote Record - Resolution RES-2012-320 [~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter ~ [3 V1 F1 [] Withdrawn Christopher Talbot Voter [] [] [3 [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Initiator El [] : [] [] [] Rescinded Louisa P. Evans Seconder ~ [] [3 FI [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-321 CATEGORY: DEPARTMENT: Budget Modification Fishers Island Ferry District 2011 Budget Modification - FIFD Fiscal Impact: 2011 budget reclass RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated April 9, 2012, which reads as follows: RESOLVED, that the line item modifications to the 2011 budget, are hereby approved in all respects, effective as of December 31, 2011. TO: SM. 1310.4.000.000 SM.1420.4.000.000 SM. 1930.4.000.000 SM.5710.2.000.200 SM.5710.4.000.000 SM.5710.4.000.200 SM.5710.4.000.300 SM.5710.4.000.500 SM.5710.4.000.600 SM.5710.4.000.800 SM.5710.4.000.900 SM. 5712.4.000.000 SM.9050.8.000.000 FROM: Accounting & Finance, C.E. 55,000 Legal Fees & Fines, C.E. 26,000 Insurance Claims, C.E. 1,000 Repairs - Race Point 3,267 Ferry Operations Other 16,000 Utilities Fishers Island 500 Fuel Oil Vessels 100,000 Computer Operations 2,900 Janitorial Supplies 1,100 Uniforms 1,000 Credit Card Fees 20,000 Commissioner Fees 100 Unemployment Insurance 1,500 TOTAL 228,367 April 10, 2012 Southold Town Board Meeting Minutes Page 15 SM.1910.4.000.100 SM. 1910.4.000.200 SM. 1910.4.000.300 SM. 1950.4.000.000 SM. 1980.4.000.000 SM.5610.4.000.000 SM.5709.2.000.000 SM.5709.2.000.100 SM.5709.2.000.200 SM.5710.1.000.000 SM.5710.2.000.000 SM.5710.2.000.100 SM .5710.2.100.000 SM.5710.4.000.100 SM.5710.4.000.400 SM.5710.4.000.925 SM.5710.4.000.950 SM.5711.4.000.000 SM.9030.8.000.000 SM.9060.8.000.000 SM.9710.7.000.000 SM.9730.7.000.000 Insurance Ferry Operation 4,000 Insurance Airport 7,000 Insurance Workers Comp 8,400 Property Tax 1,767 MTA Payroll Tax 900 Elizabeth Airport, C.E. 400 Repairs - Other 9,800 Repairs Rental Buildings 12,000 Repairs Docks & Terminals 74,000 Ferry Operations, P.S. 17,000 Ferry Repairs - Both Vessels 5,000 Ferry Repairs - Munnatawket 13,500 Fish Ladder 30,000 Utilities New London 3,000 Printed Materials 3,200 Waste Management 5,000 Training/Education 2,000 Office Expense 12,100 Social Security 5,200 Hospital & Medical Insurance 2,000 Serial Bonds Interest 4,400 BAN Interest 7,700 TOTAL 228,367 VoteR*cord ~ ResolUtion RES-2012.321 · [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [3 [] F1 [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Jill Deherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. : Voter [] [] [] F1 [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-322 CATEGORY: DEPARTMENT: Budget Modification Supervisor Budget Modification - Relay for Life Fiscal Impact: To appropriate a donation from the American Cancer Society for the rental of a showmobile from the Town qf Southampton for the annual RelayJbr Life event. April 10, 2012 Southold Town Board Meeting Minutes Page 16 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General Fund Whole Town budget as follows: Increase: Revenues: A.2705.40 Other Donations $500 Appropriations: A.4010.4.400.600 Showmobile Rental $500 Vote Record, Re~oluflon RES-2012-322 1~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] F1 [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-323 CA TEGOR Y: DEPARTMENT: Recommendations Town Clerk Waive the 30 Day Notification of the Application for a Liquor License by Vincent Mone RESOLVED that the Town Board o£the Town of Southold hereby wmves the 30 Day notification for the application of a new liquor license by Vincent Mone, for a restaurant yet to be named, located at 9095 Sound Avenue, Mattituck (former location of Porto Bello). Vote Record 2 Resolution RES-2012-323 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [3 [] [] [] Supervisor's Appt Jill Doherty Initiator [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] : [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action April 10, 2012 Southold Town Board Meeting Minutes Page 17 2012-324 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Tree Committee Appointment RESOLVED the Town Board of the Town of Southold hereby appoints Donald Grim to the Southold Town Tree Committee effective immediately through March 31 2013. ~ Vote Record - Resolution RES-2012-324 ~- ' ..... I~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rui~d i~iiiator lEI [3 [] [3 [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Dohe~y Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Seconder [] [3 [] [2] 123 Rescinded i Louisa P. Evans ; Voter FI [] F1 [3 [] Town Clerk's Appt Scott Russell Voter [~ [] [] [] [] Supt Hgwys Appt [] No Action 2012-325 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute the Agreement Between the Town of Southold and the Group for the East End RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and the Group for the East End in connection with the beach-dependent species management in the total amount of $7,500.00 for the term April 1, 2012 through March 31, 2013, with automatic renewal option, subject to the approval of the Town Attorney. d Vote Reco~d - Resoluti0~ RES-2012-325 ' ' J ' g~ Adopted Yes/Aye No/Nay A~stain Absent [] Adopted as Amea~ded William Ruland Seconder FI [2] I~ [] [] Defeated [] Tabled Christopher Talbot Voter [] FI FI F1 [] Withdrawn Jill Doher~y Voter [] E] [] [] [] Supervisor's Appt , Albert Krupski Jr. Initiator [] [] [] [] [] Tax Receiver's Appt Louisa P, Evans Voter FI FI F1 FI [] Rescinded Scott Russell Voter [] ~ [2] [] [] Town Clerk's Appt April 10, 2012 Page 18 Southold Town Board Meeting Minutes [] Supt Hgwys Appt [] No Action 2012-326 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute the Agreement Between the Suffolk County Office for the Aging and the Town of Southold RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Suffolk County Office for the A~in~, and the Town of Southold for communi .ty services for the Elderly Residential Repair Program, for the period April 1, 2012 through March 31, 2013, at no cost to the Town, subject to the approval of the Town Attorney. ,r Vote R~cord - Re~'01~u tion RES-2012-326 v ~] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] ~ [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Jill Dohetly Voter [] [] [] [] [] Tax Receiver's Appt Albe~t Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-327 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney A Execute the License Agreement for Suffolk County AREIS and Tax Map Product Between the Town of Southold and the Suffolk County Real Property Tax Service Agency RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the License Agreement for Suffolk County AREIS and Tax Map Product between the Town of Southold and the Suffolk Coun .ty Real Proper .ty Tax Service Agency regarding the Suffolk County Advanced Real Estate Information System (AREIS) and Tax Map License Program, at no cost to the Town, subject to the approval of the Town Attorney. April 10, 2012 Page 19 Southold Town Board Meeting Minutes Vote Record - ResoLution RES-2012-327 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [3 Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [3 [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell : Voter [] [] [3 [] [] Supt Hgwys Appt [] No Action 2012-328 CATEGORY: DEPARTMENT: Bid Acceptance Engineering Accept Bid Terry Contracting for Long Creek Drainage Retrofit Projects RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Terry Contracting, 1146 Osbom Avenue, Riverhead, New York to perform all the work required to construct, perform and complete the work for Three Drainage Retrofit Project at Long Creek Drive and Laurel Avenue, Southold, total amount for all three projects $60,900.00, all in accordance with the Town Attorney, and shall be a legal charge to the Capital Fund for Drainage and the Stormwater mitigation bond (H.8540.2.100.150). '/Vote Record ~ ResolUtiOn RES-.~012.328 ~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [3 F1 F1 [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Initiator [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans a Voter [] [] [] [] [] Town Clo'k's Appt Scott Russell -- Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-329 CA TEGOR Y: Contracts, Lease & Agreements DEPARTMENT: Engineering April 10, 2012 Page 20 Southold Town Board Meeting Minutes Authorize Supv. to Sign Agreement - Terry Contr' g. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement with Terry Contracting for the Three Drainage Retrofit Projects, Long Creek Drive and Laurel Avenue, Southold, in accordance with the specifications prepared by the Southold Town Engineering and the bid submitted by Terry Contracting in the amount of $60,900.00, subject to the approval of the Town Attom ~' Vote Reeor~¢ Resollltion RES-2012-329 ~ ~ r ..................... .,. [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] F1 [3 [] [] Withdrawn Christopher T~ibot Voter [] [] : 13 [] [] Supervisor's Appt Jill Doherty ~ Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P, Evans : Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-330 CATEGOR~ DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute the Amendment Between the Town of Southold and the New York State Department of Transportation RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Amendment between the Town of Southold and the New York State Department of Transportation in connection with a no-cost extension of time extending the term of Contract #C022403, PIN SB09.03.321 (North Fork Trail, Scenic Byway, Bay to Sound Project) to January 31,2013, subject to the approval of the Town Attorney. ~ Vote Record - Resolution RES-2012-330 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Voter [] [] [] [] [] Tabled Christopher Talbot Voter [] [] [] [] [] Withdrawn Jill Doherty Voter [] [] [] [] [] Supervisor% Appt Albert Krupski Jr. Initiator [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Seconder [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt April I0, 2012 Southold Town Board Meeting Minutes Page 21 [] No Action 2012-331 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute Supplemental Agreement #3 Between the New York State Department of Transportation and the Town of Southold RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute Supplemental Agreement #3 between the New York State Department of Transportation and the Town of Southold in connection with improvements to North Fork Trail along CR 48 (Contract #D030245, PIN 0758.90), amending the Contract end date to October 31,2014, subject to the approval of the Town Attome' [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter ~ [3 [3 [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded ~ Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt i Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-332 CATEGOR~ DEPARTMEN~ Attend Seminar Town Clerk NYSTCA Annual Conference RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town Clerk Elizabeth Neville to attend the 2012 Annual Conference of the New York State Town Clerks Association at Saratoga Sprin~s, New York on April 21-25~ 2012. All expenses for registration, travel, lodging and meals to be a legal charge to the 2012 Town Clerk whole Town budget A.1410.4.600.200 & 300 (meetings and seminars). ~ Vote Record - ResolutiOn RES-2012-332 I [] Adopted ' [] Adopted as Amended Yes/Aye No/Nay Absta n Absent April 10, 2012 Southold Town Board Meeting Minutes Page 22 [] Defeated William Ruland Voter [] [] [] [] [] Tabled Christopher Talbot Initiator [] [] ~ [] [] Withdrawn Jill Doherty voter [] [] Supervisor's Appt Albert Kmpski Jr. ~ Voter =[~ Tax Receiver's Appt Louisa P. Evans ~ Seconder [] FI [] Rescinded Sc~i~ Russell Voter [] [] [] [] FI Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-333 CATEGOR~ DEPARTMENT: Close/Use Town Roads Town Clerk Bike-A- Thon RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Bicycle Shows USA to use the following roads for the North Fork Century Bike Ride on August 26, 2012 beginning at 7:00AM: GREENPORT: Moore's Lane, Route 48/25, Chapel Lane ORIENT: Route 48/25, Village Lane, King Street, Narrow River Road SOUTHOLD: Route 48/25, Soundview Avenue, Lighthouse Road, Hortons Lane, North Sea Drive, Kenny's Road, Mill Road CUTCHOGUE: Route 48/25, Bridge Lane, Oregon Road, Alvah's Lane, Moores Lane, New Suffolk Avenue, Kimogenor Point Road, Orchard Street, 5th Street MATTITUCK: East Mill Road, Reeve Road, Grand Avenue, Wickham Avenue, Route 48, Westphalia Avenue, Cox Neck Road, Bergen Avenue, Sound Avenue 1. The number of riders is limited to 1000. 2. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; a $100 filing fee; $250.00 deposit for clean-up (deposit to be returned after event upon recommendation of Chief Flatley, Southold Town Police Department); 3. Coordinate traffic control upon notification of the adoption of this resolution with Captain Kruszeski 4. No objects of any kind shall be thrown to event spectators 5. No permanent markings be placed on town, county or state roads or property for the event; 6. 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. April 10, 2012 Southold Town Board Meeting Minutes Page 23 Vote Record - Resolution RES-2012-333 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent ~ Tabled William Ruland Seconder [] [] [] [] [] Withdrawn [] Supervisor'sAppt ClmstopherTalbot~ Voter [] [] [] FI [] Tax Receiver's Appt Jill Doher~y Initiator [] [] [] [] [] Rescinded Albert Krupski Jr. Voter [] [2 : [] [] [] Town Clerk's Appt Louisa P. Evans Voter [] [] [] [] [] Supt Hgwys Appt Scott Russell Voter [] [] [] [] [] No ActionNext: Apr 24, 2012 4:30 PM Comments regarding resolution 333 COUNCILWOMAN DOHERTY: Resolve to table resolution 333 until we further discuss and come up with some policies about road usages for bicycle rides 2012-334 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk The Night Rider Bike Event RESOLVED that the Town Board of the Town of Southold hereby does NOT grant permission to the Bicycle Shows USA to use the following roads for the Night Ride bike event on September 29-30~ 2012 beginning at 11:59 PM: GREENPORT: Route 25/48, Moores Lane, Chapel Lane ORIENT: Route 25/48, Village Lane, King Street, Narrow River Road, SOUTHOLD: Route 25/48, Soundview Avenue, Soundview Ext, Lighthouse Road, Horton Lane, North Sea Drive, Kenny's Road CUTCHOGUE: Route 25/48, Bridge Lane, Oregon Road, New Suffolk Avenue, Main Street, Kimogenor Point, Jackson Street, 1st Street, Orchard Street, 5th Street MATTITUCK: East Mill Road, Reeve Road, Grand Avenue, Wickham Avenue, Route 25/48, Cox Neck Road, Bergen Avenue, Sound Avenue, Bay Avenue, New Suffolk Avenue They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; a $100 filing fee; $250.00 deposit for clean-up (deposit to be returned after event upon recommendation of Chief Flatley, Southold Town Police Department); Coordinate traffic control upon notification of the adoption of this resolution with Captain Kruszeski April 10, 2012 Southold Town Board Meeting Minutes Page 24 3. No objects of any kind shall be thrown to event spectators 4. No permanent markings be placed on town, county or state roads or property for the event; 5. Any road markings or signs for the event be removed within twenty-four (24) hours of the completion of the event. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. f V0te Record - Resolution RES-2012-334 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [3 [] [] Super~isor's Appt Jill Dohecty Voter [] [] [] : [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-335 CA TEGORY: Advertise DEPARTMENT: Town Clerk Advertise for Volunteer Business Liaison Position RESOLVED the Town Board of the Town of Southold hereby authorizes the Town Clerk to advertise in the April 19, 2012 edition of the Suffolk Times for the "Town of Southold Business Liaison" volunteer position who will represent the Town's intent in creating an atmosphere that welcomes new businesses and assists in retaining existing businesses. ~ Vot~ R~ord ~ R~tufirm RES-10t2a335 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn ChristOpher Talbot Voter [] [] FI [] [] Supervisor's Appt Jill Doherty Voter [] [] El [] [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action April 10, 2012 Southold Town Board Meeting Minutes Page 25 2012-336 CA TE GO R Y: DEPARTMENT: Employment - FIFD Accounting Amended Fishers Island Resolutions WHEREAS, the Fishers Island Ferry District Board of Commissioners has been advised by the Suftblk County Civil Service Department and the Town of Southold of certain discrepancies with regard to the status of two employees; and WHEREAS, the Fishers Island Ferry District Board of Commissioners wants to correct these discrepancies; NOW, THEREFORE, BE IT RESOLVED that Town Board Resolution No. 2012-296 adopted March 27, 2012 is hereby amended to reflect that Polly Ford is appointed as a full time Freight Agent effective March 19, 2012. BE IT FURTHER RESOLVED that, effective as of March 19, 2012, Paul Foley is hereby released from his position as a full-time Freight Agent and appointed to the position of part-time Clerk. Vote Record - Resolution RES~2012-336 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulm~d Voter [] [] [] ~ [] Withdrawn Christopher Talbot Seconder [] [] [] [] Fl Supervisor's Appt Jill Doherty Voter [] : [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter 1~ ~ [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-337 CATEGORY: DEPARTMENT: Recommendations Town Clerk Waive the 30 Day Notification of the Application for a Liquor License by Bonnie ,lean's RESOLVED that the Town Board of the Town of Southold hereby waives the 30 Day April 10, 2012 Page 26 Southold Town Board Meeting Minutes notification for the application of a new liquor license by Bonnie Jean's, located at 55765 Main Road, Southold. Vote Record ~ Resolution RES-2012-337 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Jill Doherty : Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans : Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-338 CA TE G OR Y: DEPARTMENT: Local Law Public Hearing Town Attorney PH 6/5 7:32 PM LL/Waterfowl & Gull & Pet Waste WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 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 Feeding and Pet Waste" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public heating on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 5th day of June, 2012 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 83~ Animals~ in connection with Waterfowl and Gull Feeding 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 Feeding and Pet Waste". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. April 10, 2012 Page 27 Southold Town Board Meeting Minutes 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. ARTICLE IV Waterfowl and Gull Feeding and Domestic Pet Waste §83-17. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third International Dictionary of the English Language, unabridged (or latest edition). 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. Page 28 April 10, 2012 Southold Town Board Meeting Minutes PERSON - An individual, association, firm, syndicate, company, trust, corporation, department, bureau or agency or any other entity recognized by law as the subject 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 jurisdiction 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 ~ull 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 ~ulls. 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. April 10, 2012 Southold Town Board Meeting Minutes Page 29 §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 AuthoriW,. 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 R~cord - Reaolution RES-2012-338 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter ~ [] [] [] [] Supervisor's Appt Jill Doherty Initiator [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-339 CA TEGOR Y: DEPARTMENT: Legislation Town Attorney LL/Waterfowl & Gull & Pet Waste to SCPC & PB RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 83~ Animals~ in connection with Waterfowl and Gull Feeding and April 10, 2012 Southold Town Board Meeting Minutes Page 30 Pet Waste" to the Southold Town Planning Board and the Suffolk Coun ,ty Department of Planning for their recommendations and reports. Vote Record. Resolution RES-2012~339 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulm~d Initiator [] [] [] [] [] Withdrawn Christopher Talbot : Voter r~ [] [] [] [] Supervisors Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Alber~ Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-340 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Attorney PH 5/8 7:32 PM LL/Chapter 237, Utility Poles WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the l0th day of April, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 237~ Streets and Sidewalks~ in connection with Utili .ty Poles". RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 8th day of May, 2012 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 237~ Streets and Sidewalks, in connection with Utility Poles" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 237~ Streets and Sidewalks~ in connection with Utility Poles". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 237 of the Code of the Town of Southold is hereby amended as follows: April 10, 2012 Southold Town Board Meeting Minutes Page 31 ARTICLE V Removal of Utility Poles §237-30. Legislative intent and purpose. Utility poles located within the Town are often damaged by traffic accidents, aging, and/or adverse weather conditions and, as a result, may compromise the health, safety and welfare of Town residents. Utility companies may replace damaged poles with new poles directly next to, or in close proximity to, the damaged pole. However, the damaged pole remains in place, leaving both an eyesore and a threat to the safety of nearby residents. This law seeks to address this issue by requiring that damaged and double utility poles be removed in a timely manner and authorizes penalties against utilities if they fail to comply with this requirement. Ultimately, the Town seeks the removal of aesthetically unpleasant, damaged utility poles on roadways, while ensuring the public's safety as they travel such roads. §237-31. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third International Dictionary of the English Language, unabridged (or latest edition). DOUBLE POLE - Any utility pole that is located directly next to, or in close proximity to, and is shorter in height than, another utility pole. UTILITY - Any corporation, authority, or other entity that provides electric, telephone, cable television or other telecommunications service to the residents of the Town of Southold. §237-32. Removal of damaged or double utility poles. When the Superintendent of Highways determines that a utility pole in a highway or right-of way is damaged and/or a double pole, the Superintendent shall notify the utility that owns or operates the pole that it must remove said pole within 20 days of written notice or be subiect to penalty. §237-33. Penalties for offenses. A penalty of $250.00 shall be assessed for each day the pole is left standing beyond the period for removal. II. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. April 10, 2012 Southold Town Board Meeting Minutes Page 32 III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2012-340 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Voter gl [] [] [] [3 Supervisor's Appt Jill Doherty Voter gl [] [] [] [] Tax Receiver's Appt Alber~ Krupski Jr. Initiator gl [] [] [] [] Rescinded Louisa P. Evans Seconder gl [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-341 CA TEGOR Y: DEPARTMENT: Local Law Public Hearing Town Attorney PH 5/8 7:34 PM LL/Second Dwellings WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the l0th day of April, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Second Dwellings" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 8tb day of May, 2012 at 7:34 p.m. at which time all interested persons will be g~ven an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Second Dwellings" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Second Dwellings". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. April 10, 2012 Southold Town Board Meeting Minutes Page 33 It is the intent and purpose of this law to allow a second dwelling on parcels within the A- C, R-40, R-80, R-120, R-200, R-400 and LB districts that have sufficient yield for two lots within each respective zoning district without requiring the creation of a second lot through the subdivision process upon the approval of the Zoning Board of Appeals. It is also the intent of this law to enhance property values and the health, safety and welfare of the community. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-13. Use regulations. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals... (17) A second dwelling subject to the following requirements: (a) The parcel upon which the principal dwelling and the proposed second dwelling exist must contain the required amount ofbuildable land for the creation of at least two building lots according to the applicable bulk schedule. (b) A yield map prepared in accordance with the requirements of Town Code §240-10(B) must be submitted by the applicant to the Zoning Board of Appeals and approved by the Planning Board. In addition to the yield map, the applicant shall also submit a yield map review fee of $500.00 to the Planning Board. The Planning Board may require any additional information it deems necessary to determine the yield. (c) The principal dwelling and the proposed second dwelling shall be served by adequate water and sewer systems approved by the Suffolk County Department of Health. (d) The bulk schedule requirements for principle structures are applicable to the second dwelling. (e)No additional dwellings will be permitted on the parcel. (0 The special exception shall be subject to a covenant placed on the entire existing parcel stating that the second dwelling uses one unit or one lot in any future subdivision and the future yield is reduced by one lot. (g) Parcels that do not meet the yield requirements of §240-10(B)(2) are not eligible for a second dwelling special exception permit. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. April 10, 2012 Southold Town Board Meeting Minutes Page 34 Vote Record ~ Resolution RES-2012-341 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] Tax Receiver's Appt Albert Krapski Jr. Voter [] [] [] [] 13 Rescinded Louisa P. Evans ~ Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-342 CATEGORY: DEPARTMENT: Legislation Town Attorney LL/Second Dwellings to SCPC & PB RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 280~ Zoning, in connection with Second Dwellings" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. ~' Vote Record r Re~Olution RES-201'2~342 [] Adopted [] Adopted as Ame~ded [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krapski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Initiator [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-343 CATEGORY: DEPARTMENT: Employment - Town Accounting April 10, 2012 Page 35 Southold Town Board Meeting Minutes Appoints Hearing Officer RESOLVED, that the Town hereby appoints Vaterie Marvin as Heating Officer in the Civil Service Law § 75 disciplinary charges against Town employee #7125; and BE IT FURTHER RESOLVED, that the Town Board hereby authorizes the suspension (without pay for up to 30 days) of this Town employee effective the day after the service of the charges upon the ~nnployee and pending the determination of those charges. Vote Record - R~olution REs-20i2-343 ' ~, V~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] Withdrawn Christopher Talbot Voter [] [] [] [] [3 Supervisor's Appt Jill Dohetty initiator gl [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. : Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] } [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] ~] [] [] Supt Hgwys Appt [] No Action 2012-344 CATEGORY: DEPARTMENT: Employment - Town Town Attorney Approves the Stipulation of Settlement Between the Town of Southold and the CSEA Dated April 1 O, 2012, Concerning the Settlement of PERB Case No. U-31333. RESOLVED that the Town Board of the Town of Southold hereby approves the Stipulation of Settlement between the Town of Southold and the CSEA dated April 10, 2012~ concerning the settlement of PERB Case No. U-31333. vote Record ¢ Res0!Uti0n RES.2012-344 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [3 [] [] Tax Receiver's Appt Albert Krapski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action April 10, 2012 Southold Town Board Meeting Minutes Page 36 2012-345 CA TEGOR Y: DEPARTMENT: Litigation Town Attorney Authorizes Supervisor Scott A. Russell to Execute the Settlement Agreement in Settlement of the Notice of Claim WHEREAS, Edward Jurzenia and Jean Burden served a Notice of Claim against the Town of Southold for certain property damage; and WHEREAS, in light of the costs attendant to proceeding to litigation and a trial and uncertainties of litigation, it is in the best interests of the Town to settle this claim. NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to execute the Settlement Agreement in settlement of the Notice of Claim, subject to the approval of the Town Attorney, the proceeds of which wil be funded by the Risk Retention Fund under appropriation number CS.1910.4.300.800. ~ V~te R~e0~d ~ Res0 Ut on REs-20[~45 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. initiator [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-346 CATEGORY: DEPARTMENT: Employment - Town Town Attorney Approve ZBA Training Proposal for 2012 RESOLVED that the Town Board of the Town of Southold hereby authorizes and approves the Southold Town Zoning Board of Appeals' training proposal entitled "ZBA 2012 April 10, 2012 Southold Town Board Meeting Minutes Page 37 Training" as sufficient to satisfy the training requirements for Zoning Board of Appeals' officials pursuant to Town Law Section 271(7)(a-d). Vote Record - ReSOlutiOn RES-2012-346 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland ~ voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] : [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator ~ [] [] [] [] Town Clerk's Appt Scott Russell Voter ~ [] [] [] [] Supt Hgwys Appt [] No Action 2012-347 CA TEGOR Y: DEPARTMENT: Enact Local Law Town Clerk Enact LL Site Plan WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 13th day of March, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Site Plan Approval" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, Now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Site Plan Approval" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Site Plan Approval". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. April 10, 2012 Southold Town Board Meeting Minutes Page 38 To provide for the health, safety and welfare of the citizens of the Town of Southold, it is necessary to make certain amendments to Article XXIV "Site Plan Approval" of Chapter 280. These amendments are intended to codify and clarify existing policies, site plan objectives and approval requirements and procedures. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: {}280-127. Applicability. This article shall apply to every land use that is permitted in the Town of Southold except the single-family home use on a single and separate lot as set forth in Article III, § 280-13A(1), and customary nonagricultural accessory uses to a single-family residential home use as stated in the Town Code. Any change in use or intensity of use which will affect the characteristics of the site in terms of parking, loading, access, drainage, open space or utilities will require site plan approval. In all cases where this chapter requires approval of site devetopme~ plans by the Planning Board, no building permit shall be issued by the Building Inspector except upon authorization of and in conformity with the site plan approval by the Planning Board and all other public agencies involved. {}280-128. Findings of fact; purpose. The Town Board wishes to protect the unique rural and open space character of the Town and hereby finds that development within the Town, exclusive of the Incorporated Village of Greenport, should proceed along the lines of good order and with due regard to the public interest, including but not limited to the following: exterior design of new or renovated structures and portions thereof; the construction and location of parking areas, whether or not accompanied by new building construction; changes in the use of existing structures; the use of open land; and that the proposed site use would impact beneficially on the well-being of the population in general, increase the Town's tax base and facilitate the local economy. It is the purpose of this article to encourage good design and to: (1) Protect the established character and value of the adjoining properties, both public and private, and of the neighborhood in which they are located. (2) Lessen and, where possible, prevent traffic congestion on the streets and highways upon which the site fronts or which provide vehicular or pedestrian access thereto. (3) Prevent overcrowding of land or buildings. (4) Secure safety from fire, flood and other dangers and provide adequate light, air and convenience of access. (5) Mitigate the environmental impacts of new development on the land, air and water resources. {}280-129. Objectives. In considering and acting upon site ~ plans, the Planning Board shall take into April 10, 2012 Southold Town Board Meeting Minutes Page 39 consideration the public health, safety and welfare, the economic impact and the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular and may prescribe appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives in particular: Traffic access: that all proposed traffic accessways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; are located in proper relationship to intersections, pedestrian crossings and other places of public assembly; and, further, are in conformance with overall traffic safety considerations. Other public agencies may require further improvements above and beyond the Town's requirements. Roadway improvements not directly in front of the site may be necessary and required, based on overall traffic circulation and signalization of adjacent access points and streets. Interior circulation and parking: that adequate off-street parking and loading spaces are provided to satisfy the parking needs of the proposed uses on site and that the interior circulation system is so designed to provide convenient access to such spaces consistent with pedestrian safety, and, further, that loading areas shall not impede the flow of interior pedestrian and vehicular traffic and that for certain uses, adequate interior roadways are provided to confine operations to the site. Handicap accessibility shall be provided and placed at the nearest point to the proposed structure. Landscaping and screening: that all parking, service and similar areas are screened at all seasons of the year from view of adjacent residential districts and streets and that the landscaping of the site complements the intended use. Existing trees of at least six inches or more in diameter measured three feet above the base of the trunk shall be retained to the maximum extent possible. Natural features: that high priority shall be given to: (1) The conservation of all natural features on and adjacent to the site, including but not limited to natural drainage-courses, fresh- and saltwater wetlands and marshes, dunes, bluffs, beaches, escarpments, woodlands, large trees, unique plant and wildlife habitats, flood hazard areas and wildlife breeding areas. (2) The protection of ground- and surface water from contamination by pollutants. (3) The protection of air quality. Pavement: that all other paved areas intended for use by pedestrians and vehicles shall make use of an aesthetically pleasing and safe combination of pavements and plant materials which would serve to encourage their use by pedestrians and vehicles. Lighting: that all outdoor lighting shall be of such a nature and so arranged as to minimize the projection of direct light and glare onto adjoining properties and streets. Outdoor lighting shall be compatible with the intended use and also the zoning district, particularly in or adjacent to residential zones. Public address intercom or sound systems: that any sound or public-address system shall be located to minimize sound to adjoining properties or on the adjacent street. Grading and drainage: that all site developments shall respect existing grades on site and on adjoining sites to avoid unnecessary excavation or filling and that all stormwater runoff generated on site will be retained on site in an environmentally acceptable manner. All grading and drainage plans must meet with the requirements of the Town Engineer April 10, 2012 Southold Town Board Meeting Minutes Page 40 and/or Superintendent of Highways. Public utilities: that plans for water supply and sewage disposal, cable, telephone, electricity, gas, etc., shall be considered and included in this section and shall conform to such public requirements and standards as may exist. Existing development and Comprehensive Development Plan: that the development proposed is at a scale consistent with existing development and with the Comprehensive Development Plan of the Town of Southold. Architectural features: that the natural features of the site and surroundings, exterior design and appearances of existing adjacent structures and the character of the district are evaluated in accordance with the architectural standards set forth in this chapter. [Amended 5-15-1995 by L.L. No. 7-1995] Handicapped access: that the site plan and building design shall accommodate the needs of the handicapped and be in conformance with the applicable state and local standards concerning the same. ARTICLE XXIV, Site Plan Approval §280-130. Approval of site plan required. Bo After the filing of an application for a building permit, the Building Inspector shall make a determination as to whether a site plan or an amendment thereto is required, and this written determination shall be forwarded to the Plaiming Department for comment. The Planning Department must provide written comments on this determination to the Building Inspector within five business days, or be deemed to have waived the opportunity to comment. After review of comments, or after the time period for comment has elapsed, the Building Inspector shall issue a final determination to the applicant, which shall in no event be more than 15 business days from the filing of the application. Such determination shall also include a written decision as to whether the proposed use is permitted and whether a special exception is required from the Zoning Board of Appeals. No building permit shall be issued for any structure or building for which use a site plan is required pursuant to this chapter, until, if required, an approved site devetopmem plan or approved amendment of any such plan has been secured by the applicant from the Planning Board and presented to the Building Inspector, along with all necessary approvals and permits as may be required by other public agencies. [Amended 5-15-1995 by L.L. No. 8-1995; 3-9-2004 by L.L. No. 8-2004; 12-14-2004 by L.L. No. 25-2004] No regrading, clearing, tree removal or any other work in ....... +;^. ^c ~ ........... c ~ sit~, except limited clearing needed to undertake survey work or soils investigations, may take place .... r ................. v .... until the s~te plan has been approved by the Planning Board or the Planning Board authorizes such work in writing. No certificate of occupancy shall be issued for any building, structure, premises, lot or use of land covered by this article unless the structure has been completed (whether the structure is being constructed, renovated, reconstructed, altered, moved or put into use), and the site is developed in accordance with an approved site devetopme~ plan or approved amendment of any such plan. Upon request of the owner or his authorized agent for a certificate of occupancy, the April 10, 2012 Southold Town Board Meeting Minutes Page 41 Building Inspector shall issue the certificate, provided that said Building Inspector, along with the Plamfing Board, shall find that such building or structure and site is in conformity with the approved site plan. After a certificate of occupancy is issued, there shall be no exterior alterations of a building that expand the footprint or any revisions of the site or changes of use without first obtaining Planning Board approval. Failure to obtain site plan approval shall be a violation of this article and shall be subject to such penalties as are set forth in § 280-155 of this chapter. [Amended 6-7-2005 by L.L. No. 8-2005] Failure to comply with a term or condition of an approved site plan shall be a violation of this article and shall be subject to such penalties as are set forth in § 280-155 of this chapter. The Planning Board shall retain iurisdiction and shall have the right, after a public hearing, to modify, suspend or revoke such approval or any term or condition thereof or to impose thereon one or more new conditions, based upon one of the following grounds: (1) False statements or mistake of material fact: materially false or inaccurate statements in the application, supporting papers or supporting testimony of a material fact, which fact, had it been known to the Planning Board at the time of its review, would have resulted in a denial of the approval sought. (2) Non-compliance with the terms and conditions of such approval: failure of the applicant-permittee to comply with any conditions or terms of approval. (3) Activity beyond such approval: exceeding the scope of the activity, use or proiect as the same was described in the application. Any use that has received site plan approval by the Planning Board shall not be commenced unless the Planning Board issues a written certification that all terms and conditions set forth in the site plan approval have been met. Failure to comply with a term or condition of site plan approval prior to commencement of the approved use shall be a violation of this article and shall be subiect to such penalties as are set forth in §280- 155 of this chapter. Upon recommendation of the Planning Board and approval of the Town Attorney, the Building Inspector may revoke an existing certificate of occupancy upon a showing that the subject premises is being occupied or used in violation of an approved site plan and may direct that such occupancy or use be discontinued. The Town Attorney is authorized to commence proceedings in a court of appropriate jurisdiction to restrain said use or occupancy. [Amended 6-7-2005 by L.L. No. 8-2005] §280-131. Review procedure. Presubmission conference. Prior to the submission of a site dcvc!cpment plan, the applicant or his agent shall meet with the Planning Board or its representative. The purpose of such conference shall be to discuss proposed uses or development plan elements that shall be submitted to the Planning Board in order for said Board to determine conformity with the provisions and intent of this article. Said meeting shall take place within 30 calendar days from the date of written request therefor. Site devetopmem plan. Nine copies of the site ~ plan application and any April 10, 2012 Southold Town Board Meeting Minutes Page 42 related information as defined during the presubmission conference shall be submitted to the Planning Board within four months of the presubmission conference. If a site de~topmem plan application is not submitted within four months following a presubmission conference, another conference may be required by the Planning Board. (1) Within 10 business days of receipt of the application, the Planning Board shall determine whether to accept, reject or request revision of the application. (2) If the Planning Board determines said application to be acceptable but in need of revision, it shall notify the applicant, in writing, wherein said application is deficient within 30 calendar days. (3) Within the thirty-calendar-day period from receipt of the application, the following shall also take place: the site plan reviewer (or other delegate of the Planning Board) shall hold a joint meeting with a representative of the Building Department authorized to review building plans, for the purpose of making a joint recommendation as to whether the site plan application complies with all applicable zoning regulations or whether any variances are required from the Zoning Board of Appeals; that recommendation shall be forwarded to the Building Inspector, who shall either endorse or revise that recommendation; and in the event the Building Inspector's zoning determination indicates that a variance is required, the site plan reviewer (or other delegate of the Planning Board) shall so inform the applicant; and in the event the applicant wishes to proceed with the application as submitted, the Building Inspector shall issue a notice of disapproval at that time. This procedure shall also apply to any amendments to the site plan application. (4) In the case of a variance or special exception application requiring site plan approval, the site de~qopm~m; plan application shall be subjected to preliminary review and written comments by the Planning Board within 60 days of such request by the Board of Appeals. (a) In no case may the Planning Board grant site plan approval prior to the issuance of a special exception by the Zoning Board of Appeals, if such is required. (b) Before the Planning Board can approve any application for the amendment of a use or structure for which a special exception was granted, the applicant must obtain permission from the Zoning Board of Appeals to expand or otherwise alter or change either the use or the structure. (5) The Planning Board may vary or waive parking requirements, provided that such change will not have a detrimental effect on the public health, safety or general welfare and will not have the effect of nullifying the intent and provision of this chapter. (a) The Planning Board may allow or require landscaping to be installed in place of specified parking spaces. (b) On any site for which the Planning Board grants approval for less than the required number of spaces for that use, the Planning Board shall have the right to review the parking requirements again ifa change of use is proposed. Review of a new site plan for a lot on which an approved site plan already exists (6) April 10, 2012 Page 43 Southold Town Board Meeting Minutes shall not proceed until the approved plan is withdrawn by the applicant. When the Planning Board determines said application to be acceptable, it shall, within 10 business days of such determination, distribute said application and documentation to the Town, county and state agencies having jurisdiction, for their comment. Such referral shall include a referral to the Architectural Review Committee. The Architectural Review Committee shall may make a written recommendation to the Planning Board on the site plan within 10 business days of receipt of the referral. If the Committee fails to make a recommendation within this time period, the project shall proceed to the Planning Board for consideration without Committee review. Notwithstanding the foregoing, applications involving only structures requiring review by the Historic Preservation Commission for a certificate of appropriateness under Chapter 170, Historic Landmark Preservation Law, of this Code shall not also be referred to the Architectural Review Committee for review. [Amended 2-13-2007 by L.L. No. 6-2007] Upon receipt and review of written comments from each of the agencies to which the proposed site plan was distributed, the Planning Board shall, within a reasonable period of time, not to exceed 30 days, determine whether to require revisions to the proposed plan. No decision on the application shall be made until the State Environmental Quality Review ActEN process is completed. After the Planning Board has determined that the proposed site plan is suitable for approval, it shall: (1) Forward the plan to the Building Inspector for final review and certification. (2) Forward the plan to the Fire Commissioner of the fire district within which the site is located for a determination as to whether a fire well is needed and, if so, its location. (3) Notify the applicant, in writing, to make an application for the appropriate curb cut permits. (4) Submit the proposed site plan to the Suffolk County Planning Commission in accordance with the provision of the Suffolk County Charter, if necessary. Upon receipt of the Building Inspector's certification, the Fire Commissioner's response, the curb cut permits and the comments of the Suffolk County Planning Commission, the Planning Board shall place the site plan on the agenda of the next regularly scheduled public meeting. The Planning Board shall hold a public hearing to consider the application. Notice shall be provided pursuant to Chapter 55, Notice of Public Hearings. Notwithstanding this requirement, with respect to applications involving modifications to existing structures with no substantial change to the existing footprint, where the Planning Board determines that such modifications or any change in use will not require significant changes to existing major site design features, as well as applications involving uses strictly related to aghculture (but excepting retail winery operations), the Planning Board shall have the discretion to waive the public hearing requirement and may act on such application by flied resolution at a duly noticed public meeting. Prior to the Planning Board's endorsement of the site plan, the applicant must sign a statement placed on the site plan indicating his/her knowledge and acceptance of the conditions of approval. April 10, 2012 Page 44 Southold Town Board Meeting Minutes Amendments to an existing site plan may be acted upon in the same manner as a new site plan. Guaranty of Performance (1) Public Improvements: A guaranty of performance may be required for all public, improvements as part of the conditions of approval. Ifa guaranty of performance is required, the provisions of Article IX, Bonds and Other Security, shall apply. (2) Other on-site improvements including, but not limited to, securing the property, buffers, landscaping and/or screening: A guaranty of performance may be required in an amount to be determined by the Planning Board for the estimated value of on-site improvements as part of the conditions of approval under the following circumstances: (a) where the application involves a commercial property that abuts or is across any public or private street from a residential property. (b) where the application involves a change or intensification of use that may substantially impact adjacent property owners. (3) Default: In the event that the applicant fails to comply with the provisions of this section, and complete the required improvements, the Town Board may thereupon declare the said guaranty of performance (i.e., performance bond, letter of credit, or other equivalent security) in default and collect the sum remaining payable thereunder; and upon the receipt thereof, the Town shall install such improvements as are covered by such security and as commensurate with the extent of building development that has taken place on the property. Where the cost of the improvements exceeds the forfeited security, the additional cost, including, but not limited to, an,/legal fees incurred, shall be and constitute a lien upon the land upon which the improvements are to be made and shall be included in the levy against such property. Within 10 days of final approval, a copy of the endorsed site plan shall be sent to: (1) The Building Department. (2) The Town Engineer. (3) The Town Trustees, when applicable. (4) The Highway Department. (5) The Zoning Board of Appeals, when applicable. (6) The Assessors. The Planning Board shall have the right to deny the proposed site plan for lack of compliance with the provisions of the Town Code, The Planning Board shall notify the applicant, in writing, within 10 days of such determination, of the reasons for such denial. §280-132. Duration of plan. An approved site ~ plan shall be valid for a period oftkm: :,'earg 18 months from the date of approval. All work proposed on the plan shall be completed within ~ yea~s 18 months from the date of approval unless a longer period was approved or the Page 45 April 10, 20t2 Southold Town Board Meeting Minutes applicant obtains an extension from the Planning Board. However, all terms and conditions of any approved site plan or approved amendment are immediately enforceable and compliance is required prior to the commencement of the approved use, unless the Planning Board expressly states an alternative period of time for compliance within the site plan approval. All site plans which have received final approval prior to the enactment of this article shall remain valid for a period of three years from the date of such enactment. This period will begin when all governmental approvals have been obtained. III. 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=347 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisors Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [3 No Action 2012-348 CATEGORY: Grants DEPARTMENT: Town Clerk USDA Proposal to Acquire Development Rights RESOLVED the Town Board of the Town of Southold hereby authorizes submission of a 2012 proposal to the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS), administering on behalf of the Commodity Credit Corporation~ whereby the Town of Southold proposes a cooperative effort to acquire the development fights to agricultural properties which have been submitted by their owners to the Land Preservation Committee of the Town of Southold for sale of such fights to the Town of April 10, 2012 Southold Town Board Meeting Minutes Page 46 Southold, in accordance with the terms of the Fiscal Year 2012 Farm and Ranch Lands Protection Pro,am (FRPP). Vote Record - Resolution RES-2012-348 ~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland ~ Seconder ~ [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Initiator [] [] [] [] [] Supt Hgwys Appt [] 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 at 7:57 PM in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell PH 4/10/12 ~ 7:32PM Site Plan Amendments RESULT: CLOSED [UNANIMOUSI MOVER: Louisa P. Evans, Justice SECONDER: Albert Kmpski Jr., Councilman AYES: Ruland, Talbot, Doherty, Kmpski Jr., Evans, Russell Councilman Christopher M. Talbott COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 13th day of March, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Site Plan Approval" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the l0th day of April, 2012 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. A complete copy of the text is available from the Southold Town Clerk's office during normal business hours or may be viewed on the town's website: April 10, 2012 Southold Town Board Meeting Minutes Page 47 southoldtown.northfork.net The text showing changes to the Town Code in the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ Zoning, in connection with Site Plan Approval" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Site Plan Approval". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To provide for the health, safety and welfare of the citizens of the Town of Southold, it is necessary to make certain amendments to Article XXIV "Site Plan Approval" of Chapter 280. These amendments are intended to codify and clarify existing policies, site plan objectives and approval requirements and procedures. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-127. Applicability. This article shall apply to every land use that is permitted in the Town of Southold except the single-family home use on a single and separate lot as set forth in Article III, § 280-13A(1 ), and customary nonagricultural accessory uses to a single-family residential home use as stated in the Town Code. Any change in use or intensity of use which will affect the characteristics of the site in terms of parking, loading, access, drainage, open space or utilities will require site plan approval. In all cases where this chapter requires approval of site de~qopme~ plans by the Planning Board, no building permit shall be issued by the Building Inspector except upon authorization of and in conformity with the site plan approval by the Planning Board and all other public agencies involved. §280-129. Objectives. In considering and acting upon site ~e;'c?,pmcr~ plans, the Planning Board shall take into consideration the public health, safety and welfare, the economic impact and the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular and may prescribe appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives in particular: A. Traffic access: that all proposed traffic accessways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; are located in proper relationship to intersections, pedestrian crossings and other places of public assembly; and, further, are in conformance with overall traffic safety considerations. Other public agencies may require further improvements above and beyond the Town's requirements. Roadway improvements not directly in front of the site may be necessary and required, based on overall traffic circulation and signalization of adjacent access points and streets. B. Interior circulation and parking: that adequate off-street parking and loading spaces are provided to satisfy the parking needs of the proposed uses on site and that the interior April 10, 2012 Southold Town Board Meeting Minutes Page 48 circulation system is so designed to provide convenient access to such spaces consistent with pedestrian safety, and, further, that loading areas shall not impede the flow of interior pedestrian and vehicular traffic and that for certain uses, adequate interior roadways are provided to confine operations to the site. Handicap accessibility shall be provided and placed at the nearest point to the proposed structure. ARTICLE XXIV, Site Plan Approval §280-130. Approval of site plan required. A. After the filing of an application for a building permit, the Building Inspector shall make a determination as to whether a site plan or an amendment thereto is required, and this written determination shall be forwarded to the Planning Department for comment. The Planning Department must provide written comments on this determination to the Building Inspector within five business days, or be deemed to have waived the opportunity to comment. After review of comments, or after the time period for comment has elapsed, the Building Inspector shall issue a final determination to the applicant, which shall in no event be more than 15 business days from the filing of the application. Such determination shall also include a written decision as to whether the proposed use is permitted and whether a special exception is required from the Zoning Board of Appeals. No building permit shall be issued for any structure or building for which use a site plan is required pursuant to this chapter, until, if required, an approved site d:;':!cFm:nt plan or approved amendment of any such plan has been secured by the applicant from the Planning Board and presented to the Building Inspector, along with all necessary approvals and permits as may be required by other public agencies. [Amended 5-15-1995 by L.L. No. 8-1995; 3-9-2004 by L.L. No. 8-2004; 12-14-2004 by L.L. No. 25-2004] B. No regrading, clearing, tree removal or any ~ ........"~- ~ ~'" ........ ~" other work ... v-~v ...................... ~tc, except limited cleating needed to undertake survey work or soils investigations, may take place cr be _~,+~.4 +^ *.1.~ ~1.~ ' v ................. v ....until the site plan has been approved by the Planning Board or the Planning Board authorizes such work in writing. C. No certificate of occupancy shall be issued for any building, structure, premises, lot or use of land covered by this article unless the structure has been completed (whether the structure is being constructed, renovated, reconstructed, altered, moved or put into use), and the site is developed in accordance with an approved site d6~c4opm~a plan or approved amendment of any such plan. G. Failure to comply with a term or condition of an approved site plan shall be a violation of this article and shall be subject to such penalties as are set forth in § 280-155 of this chapter. The Planning Board shall retain jurisdiction and shall have the right, after a public hearing, to modify, suspend or revoke such approval or any term or condition thereof or to impose thereon one or more new conditions, based upon one of the following grounds: (1) False statements or mistake of material fact: materially false or inaccurate statements in the application, supporting papers or supporting testimony of a material fact, which fact, had it been known to the Planning Board at the time of its review, would have resulted in a denial of the approval sought. (2) Non-compliance with the terms and conditions of such approval: failure of the April 10, 2012 Southold Town Board Meeting Minutes Page 49 applicant-permittee to comply with any conditions or terms of approval. (3) Activity beyond such approval: exceeding the scope of the activity, use or project as the same was described in the application. H. Any use that has received site plan approval by the Planning Board shall not be commenced unless the Planning Board issues a written certification that all terms and conditions set forth in the site plan approval have been met. Failure to comply with a term or condition of site plan approval prior to commencement of the approved use shall be a violation of this article and shall be subject to such penalties as are set forth in §280- 155 of this chapter. t~. I. Upon recommendation of the Planning Board and approval of the Town Attomey, the Building Inspector may revoke an existing certificate of occupancy upon a showing that the subject premises is being occupied or used in violation of an approved site plan and may direct that such occupancy or use be discontinued. The Town Attorney is authorized to commence proceedings in a court of appropriate jurisdiction to restrain said use or occupancy. [Amended 6-7-2005 by L.L. No. 8-2005] §280-131. Review procedure. A. Prcsubmission conference. Prior to the submission of a site ~eve!c?mznt plan, the applicant or his agent shall meet with the Planning Board or its representative. The purpose of such conference shall be to discuss proposed uses or development plan elements that shall be submitted to thc Planning Board in order for said Board to determine conformity with the provisions and intent of this article. Said meeting shall take place within 30 calendar days from thc date of written request therefor. B. Site deve~ plan. Nine copies of the site de,~legmem plan application and any related information as defined during the presubmission conference shall be submitted to the Planning Board within four months of the presubmission conference. If a site deve~ plan application is not submitted within four months following a prcsubmission conference, another conference may be required by thc Planning Board. (1) Within 10 business days of receipt of the application, the Planning Board shall determine whether to accept, reject or request revision of the application. (2) If the Planning Board determines said application to be acceptable but in need of revision, it shall notify the applicant, in writing, wherein said application is deficient within 30 calendar days. (3) Within the thirty-calendar-day period from receipt of the application, the following shall also take place: thc site plan reviewer (or other delegate of the Planning Board) shall hold a joint meeting with a representative of the Building Department authorized to review building plans, for the purpose of making a joint recommendation as to whether the site plan application complies with all applicable zoning regulations or whether any variances are required from the Zoning Board of Appeals; that recommendation shall be forwarded to the Building Inspector, who shall either endorse or revise that recommendation; and in the event the Building Inspector's zoning determination indicates that a variance is required, the site plan reviewer (or other delegate of the Planning Board) shall so inform the applicant; and in the event the applicant wishes to proceed with the application as submitted, the Building Inspector shall issue a notice of disapproval at that time. This procedure shall also apply to any April 10, 2012 Southold Town Board Meeting Minutes Page 50 amendments to the site plan application. (4) In the case of a variance or special exception application requiring site plan approval, the site ~e;'z!c?mznt plan application shall be subjected to preliminary review and written comments by the Planning Board within 60 days of such request by the Board of Appeals. (a) In no case may the Planning Board grant site plan approval prior to the issuance of a special exception by the Zoning Board of Appeals, if such is required. (b) Before the Planning Board can approve any application for the amendment of a use or structure for which a special exception was granted, the applicant must obtain permission from the Zoning Board of Appeals to expand or otherwise alter or change either the use or the structure. (5) The Planning Board may vary or waive parking requirements, provided that such change will not have a detrimental effect on the public health, safety or general welfare and will not have the effect of nullifying the intent and provision of this chapter. (a) The Planning Board may allow or require landscaping to be installed in place of specified parking spaces. (b) On any site for which the Planning Board grants approval for less than the required number of spaces for that use, the Planning Board shall have the right to review the parking requirements again if a change of use is proposed. (6). Review of a new site plan for a lot on which an approved site plan already exists shall not proceed until the approved plan is withdrawn by the applicant. When the Planning Board determines said application to be acceptable, it shall, within 10 business days of such determination, distribute said application and documentation to the Town, county and state agencies having jurisdiction, for their comment. Such referral shall include a referral to the Architectural Review Committee. The Architectural Review Committee gka!! may make a written recommendation to the Planning Board on the site plan within 10 business days of receipt of the referral. If the Committee fails to make a recommendation within this time period, the project shall proceed to the Planning Board for consideration without Committee review. Notwithstanding the foregoing, applications involving only structures requiring review by the Historic Preservation Commission for a certificate of appropriateness under Chapter 170, Historic Landmark Preservation Law, of this Code shall not also be referred to the Architectural Review Committee for review. [Amended 2-13-2007 by L.L. No. 6-2007] Guaranty of Performance Public Improvements: A guaranty of performance may be required for all public improvements as part of the conditions of approval. Ifa guaranty of performance is required, the provisions of Article IX, Bonds and Other Security, shall apply. April 10, 2012 Southold Town Board Meeting Minutes Page 51 (2) Other on-site improvements including, but not limited to, securing the property, buffers, landscaping and/or screening: A guaranty of performance may be required in an amount to be determined by the Planning Board for the estimated value of on-site improvements as part of the conditions of approval under the following circumstances: (a) where the application involves a commercial property that abuts or is across any public or private street from a residential property. (b) where the application involves a change or intensification of use that may substantially impact adjacent property owners. (3) Default: In the event that the applicant fails to comply with the provisions of this section, and complete the required improvements, the Town Board may thereupon declare the said guaranty of performance (i.e., performance bond, letter of credit, or other equivalent security) in default and collect the sum remaining payable thereunder; and upon the receipt thereof, the Town shall install such improvements as are covered by such security and as commensurate with the extent of building development that has taken place on the property. Where the cost of the improvements exceeds the forfeited security, the additional cost, including, but not limited to, any legal fees incurred, shall be and constitute a lien upon the land upon which the improvements are to be made and shall be included in the levy against such property. L. Within 10 days of final approval, a copy of the endorsed site plan shall be sent to: (1) The Building Department. (2) The Town Engineer. (3) The Town Trustees, when applicable. (4) The Highway Department. (5) The Zoning Board of Appeals, when applicable. (6) The Assessors. M. The Planning Board shall have the right to deny the proposed site plan for lack of compliance with the provisions of the Town Code, The Planning Board shall notify the applicant, in writing, within 10 days of such determination, of the reasons for such denial. {}280-132. Duration of plan. A. An approved site ~evc!v~mcnt plan shall be valid for a period of th~-~am 18 months from the date of approval. All work proposed on the plan shall be completed within three yea~ 18 months from the date of approval unless a longer period was approved or the applicant obtains an extension from the Planning Board. However, all terms and conditions of any approved site plan or approved amendment are immediately enforceable and compliance is required prior to the commencement of the approved use, unless the Planning Board expressly states an alternative period of time for compliance within the site plan approval. B. All site plans which have received final approval prior to the enactment of this article shall remain valid for a period of three years from the date of such enactment. This period will begin when all governmental approvals have been obtained. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any Page 52 April 10, 2012 Southold Town Board Meeting Minutes 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. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have a notice that it was published in the Suffolk Times on March 29, 2012. There is an affidavit of publication dated April 3, 2012. That it was posted on the Town Clerk's bulletin board on March 13th, 2012 with the affidavit of posting from the Town Clerk. It was also posted on the Town of Southold's website on that same date. It was referred to the Suffolk County Department of Planning and the Southold Town Planning Board on March 15, 2012. From the Suffolk County Department of Planning, 'Dear Ms. Neville, Pursuant to the requirements of section 14-14 through A 14-25 of the Suffolk County administrative code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter of local determination as there is no apparent significant county wide or inter community impact. A decision of local determination should not be construed as either an approval or a disapproval.' And that is from Sarah Lansdale, director of planning and Andrew Freleng, chief planner. We also have a letter from Donald Wilcenski, chairman of the Planning Board. "Thank you for the opportunity to provide comments on the proposed amendments of the town code, referenced above. The Planning Board has reviewed the proposed amendments and supports the changes. These changes are reasonable and necessary to improve the site plan process and protect the public safety and welfare." And that is it. Supervisor Russell SUPERVISOR RUSSELL: Would anybody like to comment on this particular local law? John Lademann, Cutehogue JOHN LADEMANN: John Lademann, Cutchogue. I would just like to know whether this will help with the problem with the unregistered vehicles riding on Alvah's Lane? They can use their own property instead of using town property. Will this help it? SUPERVISOR RUSSELL: Under the current proposal it wouldn't because that site plan was approved prior to the adoption of this law. It doesn't mean that it won't come into play down the road regarding the future of that site but currently, we can't apply a new law to a site plan that has already been approved. MR. LADEMANN: In other words, it won't? SUPERVISOR RUSSELL: No, unfortunately. MR. LADEMANN: I thought that site plan would be no good now, if this goes through. SUPERVISOR RUSSELL: inaudible. MR. LADEMANN: That is what I was told. That is what we were told. Page 53 April 10, 2012 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: We are working on it. We are working on it. MR. LADEMANN: Well, we have heard that story now for quite a few years. Working on it. SUPERVISOR RUSSELL: We violated again, with those, we have been through this. We have violated those vehicles, and we have an ADA that won't prosecute them. We need help there. MR. LADEMANN: They are not farm vehicles. You can check that out. They can be used out on the lot but not on the road. Supervisor Russell SUPERVISOR RUSSELL: Would anybody else like to comment on this particular local law? (No response). Closing Comments Supervisor Russell SUPERVISOR RUSSELL: I would now invite anybody that would like to address any issue, to please feel free. Can I get a motion to close the meeting, unless someone would like to talk? John Lademann JOHN LADEMANN: Last year you enacted a no parking area on Alvahs Lane and I haven't seen one sign go up yet. And I was wondering what it holding that up? Because there are truck parked on the road. Supervsior Russell SUPERVISOR RUSSELL: That was brought to our attention that the signs haven't been installed and the Town Board directed me to take that up with the Highway Superintendent. That those signs and signs in other locations, haven't yet been installed. I am going to contact him tomorrow to find out why and what the delay has been. Would anyone else like to comment on any issue? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:06 P.M. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Southold Town Clerk Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell