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Home My WebLink AboutTB-05/08/2012ELIZABETH 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: (631) 765 - 1800 southoldtown.northfork.net MINUTES May 8, 2012 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, May 8, 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 May 8, 2012 at Meeting Hall, 53095 Route 25 NY. Southold, William Ruland Town of Southold Councilman Present ~optl~r 5alb0~ ~h 0~ South01d ~3~ih¢ii~ Present Town of Southold Councilwoman Present Jil! DoOe~7 5!~P~i Jr: Tgwn of Sou[1/9!c~ Counc!]~an Present Louisa P. Evans Town of Southold Justice Present Scott Russell Town pf S0uthold Supervi~0[ Present ~!!~abe~h Al Neyi!!e T~f SPuthold Tp~n ¢!er~ Presen~ Martin D. Finnegan Town of Southold Town Attorney Present I. Reports 1. Department of Public Works 2. Special Projects Coordinator 3. Building Department 4. Planning Board 5. Island Group Employee Health Care Plan May 8, 2012 Southold Town Board Meeting Minutes Page 2 6. Land Tracking 7. NFAWL Financial Statements 8. NFAWL Quarterly Performance Report 9. 2011 Annual Financial Report 10. Zoning Board of Appeals 11. Zoning Inspector II. Public Notices 1. NYS Liquor License Renewal 2. New NYS Liquor License Application III. Communications IV. Discussion 1. 9:00 - Jeff Standish 2. 9:15 - James Hannah, Bright Power lnc 3. Ongoing Code Enforcement Issues, Set Meeting 4. Appointment to Fill Vacancy on Land Preservation Committee 5. LL/UtiHty Poles (PH This Evening) 6. LL/Amendments to Chapter 275 (To be Set for PH) 7. LL/Amendments to Chapter 111 (To be Set for PH) 8. LL/Village Lane Parking 9. 11:45 - Executive Session - Melissa Spiro, Land Preservation 10. Executive Session- Labor 11. Executive Session - Litigation Pledge to the Flag Supervisor Scott A. Russell May 8, 2012 Southold Town Board Meeting Minutes Page 3 SUPERVISOR RUSSELL: Please rise and join in with the Pledge of Allegiance to the Flag. Thank you. If anyone would like to address the Town Board on any of the agenda items, please feel free to do so now. The agenda is right out on the table, right before you come in. After we get the regular business done, I will open up the floor and let you comment on any issue. What we will do is we will get the business of the meeting done and then we will go to the open mic session. (No response) Opening Comments V. Resolutions 2012-385 CA TEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated Ma,y 8~ 2012. 2012-386 CA TEGOR Y: DEPARTMENT: Set Meeting Town Clerk Special Town Board Meeting RESOLVED that the Town Board of the Town of Southold will hold a Special Town Board Meeting on Friday~ May 11~ 2012 at the Southold Town Hall~ Southold~ New York at 8:00 A.M.. Vote Record - Resolution RES-2012-386 [] Adopted as Amended May 8, 2012 Southold Town Board Meeting Minutes Page 4 [] Det~ated William Ruland Voter [] Tabled Christopher Talbot Seconder [] Withdrawn Jill Doherty Voter [] Supervisor's Appt Albert Krupski Jr. Voter [] Tax Receiver's Appt Louisa P. Evans Initiator [] Rescinded Scott Russell Voter [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-387 CA TEGOR Y: DEPARTMENT: Set Meeting Town Clerk Set Next Meeting 5/22/12 4.'30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held~ Tuesday~ May 22~ 2012 at the Southold Town Itall~ Southold~ New York at 4:30 P. M.. vote ReCOed; Resolution RES-2012;387 : [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Vot----'~---'-'- [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] i [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] I [] Rescinded Louisa P. Evans initiator [] [] [] [] [] Town Clerk's Appt Sco~ Russell Voter gt [] [] [] [] Supt Hgwys Appt [] No Action 2012-388 CATEGORY: DEPARTMENT: Close~Jse Town Roads Town Clerk Cub Scout Pack 39 Annual Cubmobile Race RESOLVED that the Town Board of the Town of Southold hereby grants permission to Cub Scout Pack 39 to close Bailey Beach Road and the north end of Inlet View Drive in Mattimck for its Annual Cubmobile Race on Saturday, June 9th 2012 (rain date June l0th) from 9:00 AM to 12:00 noon, provided they May 8, 2012 Page 5 Southold Town Board Meeting Minutes 3. 4. 5. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured (on file); Coordinate traffic control upon notification of the adoption of this resolution with Captain Kruszeski No objects of any kind shall be thrown to event spectators No permanent markings be placed on town, county or state roads or property for the event; Any road markings or signs for the event be removed within twenty-four (24) hours of the completion of the event. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All Town fees for this event are waived. · ~ Vot~ R~ord ~ Re~olution RE8-2012-388 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulm~d Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Initiator [] [] [] 13 [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] ' [D~ [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] ' [] [] [] Supt Hgwys Appt [] No Action 2012-389 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the Cutchogue-New Suffolk Historical Council to Close Cases Lane Fiscal Impact: Police Department Cost for Event = $304.40 RESOLVED that the Town Board of the Town of Southold hereby ~,rants oermission to the Cutchogue-New Suffolk Historical Council to close Cases Lane from Cedar Road to Main Road~ Cutchogue~ from 7:00 AM to 5:00 PM for its Annual Antiques Show and Sale~ on Saturday~ July 7~ 2012, provided they They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured (on file); Coordinate traffic control upon notification of the adoption of this resolution with Captain Kruszeski No objects of any kind shall be thrown to event spectators May 8, 2012 Page 6 Southold Town Board Meeting Minutes No permanent markings be placed on town, county or state roads or property for the event; Any road markings or signs for the event be removed within twenty-four (24) hours of the completion of the event. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All Town fees for this event are waived. Vote ReCord - Re~olution RES-2012-389 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [~ [] [] [] [] Withdrawn Christopher Talbot Voter fi] [] [] [] [] Supervisors Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter I~ : [] [] [] 2012-390 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the Oysterponds Historical Society to Hold a Heritage Day Parade on July 1, 2012 Fiscal Impact: Police Department Cost for the Event = $86.94 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the O.ysterponds Historical Soeie ,ty to use the following route for its Heritage Day Parade in Orient on Sunda¥~ July 1, 2012 beginning at noon: staging on Oysterponds Lane, from there to Main Road to Village Lane ending at the Historical Society building, provided they 3. 4. 5. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured (on file); Coordinate traffic control upon notification of the adoption of this resolution with Captain Kruszeski No objects of any kind shall be thrown to event spectators No permanent markings be placed on town, county or state roads or property for the event; Any road markings or signs for the event be removed within twenty-four (24) hours of the completion of the event. Support is for this year only, as the Southold Town Board continues to evaluate the use of town Page 7 May 8, 2012 Southold Town Board Meeting Minutes roads. All Town fees for this event are waived. Vote Record - ReSolutiOn ~S-2012-390 [] 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 Receivers Appt Albeit Kmpski Jr. Initiator [] [] I'1 [] [] Rescinded Louisa P. Evans Voter ~ ~ [] ~ [] [] Town Clerk's Appt Scott Russell Voter El FI F1 [] [] Supt Hgwys Appt ~ [] No Action 2012-391 CATEGOR~ DEPARTMENT: Employment - FWD Accounting Appoint David Denison Part Time Deckhand WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their April 17, 2012 monthly meeting to hire as a part time deckhand David Denison effective April 28, 2012 and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints David Denison~ to the position of a part time deckhand for the Fishers Island Ferr.v District, effective April 28, 2012 at a rate of $10.30 per hour. ~' Vote ReC~ ~ R~lUtlO~l R~S-'~0i 2 -391 [] 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 Albea Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action May 8, 2012 Southold Town Board Meeting Minutes Page 8 2012-392 CA TEGOR Y: DEPARTMENT: Close/Use Town Roads Town Clerk SHS Ice Cream Social RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Historical Society, 54325 Main Road, Southold, New York to holds its Ice Cream Social on Saturday, August 4, 2012, from 1:00PM to 4:00 PM (Rain Date Sunday, August 5, 2012), provided they 3. 4. 5. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured (on file); Coordinate traffic control upon notification of the adoption of this resolution with Captain Kruszeski No objects of any kind shall be thrown to event spectators No permanent markings be placed on town, county or state roads or property for the event; Any road markings or signs for the event be removed within twenty-four (24) hours of the completion of the event. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All Town fees for this event are waived. ~ V~te ReCOrd, Re~olUti0n RES-2012-392 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Cluistopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] ! [] [] Rescinded Louisa P. Evans Seconder [~ [] [] ~ [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] NO Action 2012-393 CATEGORY: DEPARTMENT: Employment - Town Accounting Authorizes PT Mini Bus Driver Brian Dickerson to Work FT May 8, 2012 Southold Town Board Meeting Minutes Page 9 WHEREAS full-time employee # 0200 in the Town's Programs for the Aging has taken ill and is expected to be out of work for approximately 4 weeks and WHEREAS the Town Board has determined that the Town's Programs for the Aging requires full-time coverage, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes Part-Time Mini Bus Driver Brian L. Dickerson to work full-time to cover this absence starting on May 9, 2012; rate of pay at Mr. Dickerson's existing rate of $16.93 per hour. Vote Rocord - R'e~otution RES-2012-393 [] 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 -- Voter [] [] [] [] Scott Russell [] Supt Hgwys Appt [] No Action 2012-394 CATEGOR~ DEPARTMENT: Employment - Town Accounting Grant FMLA Leave to a Town Employee RESOLVED that the Town Board of the Town of Southold hereby grants a leave of absence for up to 12 weeks to Employee #0200 effective May 9, 2012 pursuant to the Family Medical Leave Act. May 8, 2012 Southold Town Board Meeting Minutes Page 10 2012-395 CA TEGOR Y: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the Orient Fire Department to Hold Its Annual Memorial Day Parade Fiscal Impact: Police Department Cost for the Event = $116.33 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Orient Fire Department to use the following route for its Annual Memorial Day Parade in Orient on Monday, May 28~ 2012 beginning at 7:30 AM: begin at the Firehouse and take Tabor Road to Orchard Street to Navy Street to Village Lane to Main Road and back to the Firehouse, provided they 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 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. All town fees are waived. Vote Record - Resolution RES-2012-395 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland -- Voter -- [] El [] [] [] Withdrawn Christopher Talbot Voter [] [] ~ [] [] [] Supervisors Appt Jill Doherty Voter [] [] : [] [] [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] ~ [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-396 CATEGORY: DEPARTMENT: Bid Acceptance Town Clerk May 8, 2012 $outhold Town Board Meeting Minutes Page 11 Accept Bid for Road Treatment - Item #7 RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Thomas It. Gannon & Sons~ Inc. for the application of Polymer Modified Emulsified Asphalt Pavement Type II Micro-Surfacing within the Town of Southold, all in accordance with the bid specifications and Town Attorney, and as follows: Type II Micro-Surfacing $ 2.32 per sq. yd. Truing & Leveling (Type 5 - Shim) $155.00 per ton Vote RecOrd - Resolution REs-2612~396' [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] D 13 FI [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisol~s Appt Jill Doherty Voter : [] [] [] [] [] Tax Receiver's Appt Albeit Krupski Jr. Voter [] [] ~ [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-397 CA TEGOR Y: DEPARTMENT: Bid Acceptance Town Clerk Rejects Various Road Treatment Bids for the Calendar Year 2012 and Re-Advertise RESOLVED that the Town Board of the Town of Southold hereby rejects the bids received for the following Road Treatments: Item # 2 Oil & Sand Item # 3 Liquid Asphalt Item # 5 Type 6 Top Item # 6 RC-250 Item # 8 Type 6 pick up and be it further RESOLVED that the Town Clerk is hereby authorized and directed to re-advertise for various road treatment bids for the calendar year 2012. ~' Vote Record - Resolution RES-2012-397 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] May 8, 2012 Southold Town Board Meeting Minutes Page 12 [] Defeated Christopher Talbot Initiator [] Tabled Jill Doheciy Voter [] Withdrawn Albe~t Krupski Jr. Voter [] Supervisor's Appt Louisa P. Evans Seconder [] Tax Receiver's Appt Scott Russell Voter [] Rescinded -- [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-398 CATEGOR~ DEPARTMENT: Public Service Town Clerk Appoint Caren Heacock as a Temporary Marriage Officer RESOLVED that the Town Board of the Town of Southold hereby appoints Caren Heacok as a Temporary Marriage Officer for the Town of Southold, on Friday, June 28, 2012 only, to serve at no compensation. Vote Record ~ Resolution RES-2012-398 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Initiator [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr, Voter [] F1 [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter ~ [] [] [] [] Supt Hgwys Appt [] No Action 2012-399 CA TE GO R Y: DEPARTMENT: Budget Modification Fishers Island Ferry District 2011 Budget Mod([ication - FIFD Fiscal Impact: underfunded 2011 account RESOLVED, that the tine item modifications to the 2011 budget, are hereby approved in all May 8, 2012 Southold Town Board Meeting Minutes Page 13 respects, effective as of December 31, 2011. From: SM.9730.7.000.000 To: Bond Anticipation Notes, BAN Interest $45.00 SM.5710.2.000.100 Ferry Repairs-Munnatawket $45.00 Vote Record - Re~olution RES-2012-399 [] Adopted [] Adopted as Amended [] Defeated ; Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Cluistopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. ~ Seconder ~ ~ ~ [] [] Rescinded Louisa P. Evans Voter [] ~ ~ D [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-400 CA TE GO R Y: DEPARTMENT: Employment - Town Accounting Appoint Seasonal Police Officers RESOLVED that the Town Board of the Town of Southold hereby appoints the following individuals to the position of Seasonal Police Officer for the Southold Town Police Department, effective May 14, 2012 through September 17, 2012, at a rate of $20.81 per hour: Robert Haase, Jr. Jacob J. Bo§den Vote Record - Resolution RES-2012400 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] F1 [] Tabled Christopher Talbot Voter [] [] [] [] [] Withdrawn Jill Dohert y Voter [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Initiator [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] [] Town Clerk's Appt , [] Supt Hgwys Appt [] No Action May 8, 2012 Southold Town Board Meeting Minutes Page 14 2012-401 CATEGOR~ DEPARTMEN~ Employment - FIFD Accounting Releases Timothy Londregan and John Stanford WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their May 1, 2012 meeting and have been advised by the Suffolk County Civil Service Department and the Town of Southold of certain discrepancies with regard to the status of two employees; and WHEREAS, the Fishers Island Ferry District Board of Commissioners wants to correct these discrepancies; and WHEREAS, Timothy A. Londregan III and John Stanford no longer work for the Fishers Island Ferry District; and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District; now therefore be it RESOLVED that the Town Board of the Town of Southold hereby releases Timothy A. Londregan III and John Stanford from their positions as Part Time Deckhands effective May 1, 2012. Vote Record - Resolution RES-2012~401 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland --Voter ~ F1 [2] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Jill Deherty Voter [] [] [] [] [] Tax Receiver's Appt Albe~t Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans initiator [] [] [] [] [] Town Clexk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-402 CA TEGOR Y: Employment - FileD DEPARTMENT: Accounting May 8, 2012 Southold Town Board Meeting Minutes Page 15 Appoint Full Time Deckhands WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their May 1, 2012 meeting and WHEREAS, the Fishers Island Ferry District requires additional Deckhand services during the period covering the two weeks before Memorial Day through the two weeks following Labor Day, and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Rodney E. Brown, Daniel M. Eagan, Logan C. Glidewell, and John T. Testa as Full-Time Deckhands for the period covering the two weeks before Memorial Day (May 14, 2012) through the two weeks following Labor Day (September 17, 2012) and thereafter (September 18, 2012) will be returned to their ~ositions as Part-Time Deckhands. ~' Vote Re*ord - Re~olution RES-2012-402 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Jill Doher~y Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-403 CA TEGOR Y: DEPARTMENT: Employment - FIFD Accounting Appoints Peluso, Moschini, Gilbert & Eclwards WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their May 1,2012 meeting and WHEREAS, the Fishers Island Ferry District requires the services of seasonal Deckhands and Laborers; and WHEREAS, the seasonal Deckhands and Laborers will be employed by the Fishers Island Ferry Page 16 May 8, 2012 Southold Town Board Meeting Minutes District for the period covering the two weeks before Memorial Day (May 14, 2012) through the two weeks following Labor Day (September 17, 2012), and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Matthew Peluso, Dominick Moschini, Dean Gilbert and Michael Edwards as seasonal Deckhands at the rate of $10.30 per hour; and appoints Heather Stone, already possessing a current Captain's License, as a seasonal Deckhand at the rate of $11.00 per hour. Vote Record - ReSOlution RES-2012~403 [] 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 [] El [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter gt [] [] [] [] Supt Hgwys Appt [] No Action 2012-404 CA TEGOR Y: DEPARTMENT: Employment - FIFD Accounting Appoint Zachary Hoch Seasonal Laborer WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their May 1, 2012 meeting that Zachary Hoch be appointed as seasonal laborer for the period covering two weeks before Memorial Day (May 14, 2012) through the two weeks following Labor Day (September 17, 2012) at the rate of $10.00 per hour and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Zachary A. Hoch as seasonal laborer for the period covering two weeks before Memorial Day (May 14, 2012) through the two weeks following Labor Day (September 17, 2012) at the rate of $10.00 per hour. · " Vote Record ~ Resolution RES-2012-404 [][] AdoptedAdopted as Amended ] Yes/Aye No/Nay Abstain Absen~t -~ ~ Initiator gl [] [] [] [] Defeated May 8, 2012 Southold Town Board Meeting Minutes Page 17 [] Tabled Christopher Talbot Voter [] Withdrawn Jill Doherty Voter [] Supervisor's Appt Albert Kmpski Jr. Seconder [] Tax Receiver's Appt Louisa P. Evans Voter [] Rescinded Scott Russell Voter [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-405 CATEGOR~ DEPARTMEN~ Advertise Town Clerk Authorize and Direct the Town Clerk to Advertise a Request for Proposal for the Fishers Island Pump Station RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise a Request for Proposal for the Fishers Island Pump Station, in accordance with specifications, subject to the approval of the Town Attorney. Vote Record - Resolu~on RES-2012-405' . r [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [3 [] [] Withdrawn Christopher Talbot Voter ~ [] [] [] [] Supervisor's Appt Jill Doherty Voter [] El [] [] [] Tax Receiver's Appt Albert IQ'upski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [3 [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] Supt Hgwys Appt [] No Action 2012-406 CA TE G O R Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney FI Bay Patrol Agreements - Skinner & Evans RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and Matthew Skinner~ Fishers Island~ to perform services as a Fishers Island Bay Patrol~ May 8, 2012 Southold Town Board Meeting Minutes Page 18 effective May 8, 2012 through December 31, 2012, at a compensation rate of $2,576.56, plus approved expenses, subject to the approval of the Town Attorney; and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and John Evans~ Fishers Island~ to perform services as a Fishers Island Bay Patrol~ effective May 8, 2012 through December 31, 2012, at a compensation rate of $1,296.88, plus approved expenses, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2012-406 [] Adopted [] Adopted as Amended [] 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 [] [3 [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt ~ [] No Action 2012-407 CATEGORY: DEPARTMENT: Employment - Town Accounting Hire Traffic Control Officers RESOLVED that the Town Board of the Town of Southold hereby appoints the followin~ to the position of Traffic Control Officer for the Southold Town Police Department, effective May 14, 2012 through September 17, 2012 at a rate of $16.46 per hour: Eric M. Cassidy Ethan Romanelli Shawn A. Williams Vote Ree0rd - Resolution RES-2012407 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [~ [] [] [] [] Defeated Christopher Talbot Initiator [] [] [] [] [] Tabled Jill Doherty Voter [] [] [] [] [] Withdrawn Albert Krapski Jr. Voter [] [] [] [] [] Supervisor's Appt Louisa P. Evans Seconder [] [] I~ [] [] Tax Receiver's Appt ~ Scott Russell Voter [] [] [] [] [] Rescinded [] Town Clerk's Appt May 8, 2012 Southold Town Board Meeting Minutes Page 19 ~_~ Supt Hgwys Appt No Action Comments regarding resolution 407 COUNCILMAN TALBOT: I would like to make a comment. Anybody that has applied for this position, every year we get about 50 plus applicants for these 5 positions typically, so if you didn't get chosen this year I hope that you don't quit and continue to push tbr these type of positicms: 2012-408 CATEGORY: DEPARTMENT: Employment - Town Accounting Hire Traffic Control Officers RESOLVED that the Town Board of the Town of Southold hereby appoints the following to the position of Traffic Control Officer for the Southold Town Police Department, effective May 14, 2012 through September 17, 2012 at a rate of $16.46 per hour: Kevin Metz Joseph Barszczewski Vote Record ~ ReSOlution RES-2012-408 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [~ [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Initiator [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder ~1 [] [3 [] [] Town Clerk's Appt Scott Russell Voter ~ [] [] [] [] Supt Hgwys Appt [] No Action 2012-409 CA TE GO R Y: DEPARTMENT: Employment - Town Accounting Appoint Suzanne Andre jack PT Clerk Typist RESOLVED that the Town Board of the Town of Southold hereby appoints Suzanne May 8, 2012 Southold Town Board Meeting Minutes Page 20 Andreiack to the position of part-time Clerk Typist for the Police Department, effective May 21, 2012, at a rate of $13.78 per hour. Vote Record - Resolution RES-2012-~09 [] Adopted [] Adopted as Amended [] Defeat ed Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [3 [] [] [] Withdrawn Cl~ristopher Talbot Voter [] [] [] [] [] Supe*visor's Appt Jill Doherty Voter [] [] : [] [] [] Tax Receiver's Appt Albert gaupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [~ [] [] [] [] Town Cl~rk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-410 CA TE GO R Y: DEPARTMENT: Attend Seminar Information Technology Long Island - NYC Emergency Management Conference 2012 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Lloyd Reisenberg to attend a seminar on Emergency Management in Uniondale, on may 30 ,2012. All expenses for registration, travel to be a legal charge to the 2012 budget (meetings and seminars). Vote Record - Resolution RES-2012-410 [] 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 2012-411 CA TE GO R Y: DEPARTMENT: Budget Modification Solid Waste Management District May 8, 2012 Southold Town Board Meeting Minutes Page 21 SWMD Budget Modification - Parts & Mainlenance Fiscal Impact: Replenish maintenance line for new rubber edge needed for Volvo bucket; funds for purchase and installation of new electric motor for shop overhead door. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Solid Waste Management District budget as follows: From: SR 8160.4.400.651 (Volvo Payloader Contracted Repairs) SR 8160.4.100.650 (Garbage Bags) To: SR 8160.4.100.552 (Volvo Payloader Maint/Supplies) SR 8160.4.400.200 (Building Maintenance) $1,500 $2,600 $4,100 $1,500 $2,600 $4,100 Vote Record - Resolution RES-2012-411 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] ' [] [] Withdrawn Christopher Talbot Seconder ~ [] ~__[] [] [] Supervisors 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 2012-412 cA TEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH 6/5/12 ~ 7:34 PM LL/Village Lane Parking WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 8th day of May, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 260~ Vehicles and Traffie~ in connection with Parking Restrictions and Traffic and Pedestrian Safety on Village Lane and King Street in the hamlet of Orient now, therefore, be it May 8, 2012 Southold Town Board Meeting Minutes Page 22 RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 5th day of June, 2012, at 7:34 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 260~ Vehicles and Traffic~ in connection with Parking Restrictions and Traffic and Pedestrian Safe .ty on Village Lane and King Street in the hamlet of Orient" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 260~ Vehicles and Traffic~ in connection with Parking Restrictions and Traffic and Pedestrian Safe~. on Village Lane and King Street in the hamlet of Orient". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to improve safety for pedestrians and vehicles, as well as dealing with impacts to the public's health, safety and welfare resulting from vehicle parking and standing on Village Lane and King Street in the hamlet of Orient. II. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: §260-8. Parking prohibited at all times. The parking of vehicles is hereby prohibited at all times in any of the following locations and at any other location where signage indicates "no parking": Name of Street Side Location Village Lane West Name of Street Side At Orient, between a point 50 feet north of the northerly curbline of Orchard Street and a-poim4¢SXe~ ~ extending to the terminus of Village Lane at the intersection with King Street Location King Street South At Orient, from the southeasterly comer of the intersection of King Street and Village Lane to the southwesterly comer of the intersection of King Street and Willow Page 23 May 8, 2012 Southold Town Board Meeting Minutes Terrace Lane III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2012-412 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] Withdrawn [ ChdstopherTalbot initiator [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt ] Alberl Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-413 CATEGOR~ DEPARTMENT: Legislation Town Attorney LL/Village Lane Parking to SCPC & PB RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 260, Vehicles and Traffic, in connection with Parking Restrictions and Traffic and Pedestrian Safety on Village Lane and King Street in the hamlet of Orient" to the Southold Town Planning Board and the Suffolk County. Department of Planning for their recommendations and reports. Vote ReCOrd - Resolution RES-2012-413 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Seconder [] [] [] [] [] Defeated [] Tabled Christopher Talbot Voter [] [] [] [] [] Withdrawn Jill Doherty Initiator [] [] [] [3 [] Supervisor's Appt Albert Krupski Jr. Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] May 8, 2012 Southold Town Board Meeting Minutes Page 24 [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-414 CATEGOR~ DEPARTMENT: Local Law Public Hearing Town Attorney PH 6/5/12 ~ 7.'36 PM LL/275 Amendments WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 8th day of May, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 5th day of June, 2012 at 7:36 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. In order to continue to protect the natural state of the shorelines and wetlands within the Town of Southold, while balancing the rights of property owners, it is the purpose of these amendments to simplify the permit process, codify and clarify existing policies and conform certain regulations to environmentally accepted practice. II. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: § 275-2. Definitions; word usage. ........................ ~ ~ .............. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term May 8, 2012 Southold Town Board Meeting Minutes Page 25 not noted below shall be used with a meaning as defined in Webster's Third International Dictionary of the English Language, unabridged (or latest edition). AQUACULTURE -- The raising or cult]vah0n of ...... : ov ............................. ~-,.: .... · .... ,~ : ...... cc~.~**~ living aquatic organisms r~ .... ;~ r~., ~ ^.~ ,*~.~. r~.., r~.~_, u..~- .....~ e~..+h~.~o..,'-' '~Yno'~" of water within the boundaries of the Town of Southold excluding the Long Island Sound and those defined under Creeks. BEACH -- The zone of unconsolidated earth that extends landward from the mean low water line to the seaward toe of a dune or bluff, or whichever is most seaward. Where no dune or bluff exists landward of a beach, the landward limit of a beach is 100 feet landward from the place where there is a marked change in material or physiographic form or from the line of permanent vegetation, whichever is most seaward. Shorelands subject to seasonal or frequent overwash or inundation are considered to be beaches. BOAT/VESSEL -- Any floating object capable of carrying people as a means of transportation in water, including an airplane capable of landing on water as well as any floating structure not otherwise considered to be part of a dock structure as defined herein, with or without means of propulsion, that can be moored independently or can be secured by any means to a piling, dock, bulkhead, groin, or other fixed device located above or below mean high water. This definition excludes floating docks and swim platforms. CRITICAL ENVIRONMENTAL AREAS -- All sites previously nominated by the Town of Southold and/or Suffolk County and designated by the New York Department of State as Critical Environmental Areas worthy of protection including but not limited to: Cutchogue Harbor Wetlands, Hallock's Bay, Dam Pond, Downs Creek, Orient Creek, West Creek, Richmond Creek and Beach, Brush's Creek, Cedar Beach Creek, Corey Creek, Deep Hole Creek, Goldsmiths Inlet, Halls Creek, Goose Creek, Little Creek, Mill Creek and Pipes Cove Creek. FLOAT -- See Boat/Vessel FUNCTIONAL -- Any structure that has essentially retained its purpose and use ;;':.thin the 24 .......... ~ ........ ~ ..... t~ ..................... at ..... , as determined by the Board of Trustees. May 8, 2012 Southold Town Board Meeting Minutes Page 26 GROIN -- A man-made barrier typically perpendicular to the shoreline used to change the natural littoral drift, prevent erosion, ' ' ' , or protect an area from wave energy. ~ JETTY -- A man-made barber ..... a:~,a.. ,^ ,~.~ ~t.^~:.~ ~. ....,~.~ -~,..~ u.~..~ v.,,v ........................... used to ...... ~ ..................... d~, maintain beach elevation, prevent erosion, ~d maintain inlet entr~ces., or ~rot~ct an ~-~a LOW-PROFILE JETTIES -- The definition of a low-profile jetty is site specific, but typically is a structure no higher than 18 inches to444nc4v~ above existing soil or sediment grade on the down-drift side and shall not extend seaward of apparent low water. MATERIAL -- Soil, sand, stone, gravel, clay, bog, peat, mud, wood or any other material, including liquids, organic or inorganic. MEAN HIGH WATER (MHW) -- The average of all the high water heights observed over the most previous ninztccnv~,,.. ....... v'.-'''~'4~a eighteen and a half year period. MEAN LOW WATER (MLW) -- The average of all the low water heights observed over the most previous~ eighteen and half year period. MOORING -- Anchoring for greater than g4. 48 hours other than in designated anchorage areas as established by a governmental agency. NONDISTURBANCE BUFFER -- A vegetated area, a minimum cf39 feet wide cr as designated by the Board of Trustees, immediately landward of the wetland boundary, shoreline structure, or other line designated by the Trustees where no operations, maintenance, placement of signs or other activities may take place, except that man-made debris may be removed from such area by hand without the permission of the Board of Trustees. NONTURF BUFFER -- A designated area where turf grass, pesticides and fertilizers are not permitted. Any pervious material allowing for percolation of surface runoffinto the soil is allowed. Examples tnclude ......... native vegetation, wood chips, mulch, gravel, and sand. Decks may be allowed if they are level or pitched away from the water, are pervious to precipitation and are constructed of materials other than treated lumber. Any and all runoff generated by such structures must be allowed to percolate into the ground directly below the OPERATIONS (1) The removal of material from wetlands or any otherwise activity within Trustee jurisdiction. (2) .r~· -~ ~v,~'~ .... a ~. ~---~ ~,~a~' .... of material The placement, repair or removal of structures, including, but not limited to, boats, floating docks, floats, dock components, duck blinds on wetlands or otherwise within Trustee jurisdiction. May 8, 2012 Southold Town Board Meeting Minutes Page 27 (3) (4) (5) The deposit or discharge of material on any area that results in the transport of said materials into wetlands or otherwise within Trustee jurisdiction. The erection, construction, alteration, repair or enlargement of any building, dock, pier, wharf, bulkhead, jetty, groin, or any system or other structure, temporary or permanent, on wetlands, or otherwise within Trustee jurisdiction. Removing or otherwise affecting the growth of plants in wetlands or otherwise within Trustee jurisdiction. ORDINARY AND USUAL MAINTENANCE -- Actions on a permitted, functional structure which do not involve more than 75% of the entire structure which are required to preserve in a condition or state of equivalent quality to that which was approved or required by permit. PIER -- A fixed structure to secure vessels, unloading or loading persons or property or providing access to the water. ~ SEASONAL STRUCTURES--- Structures that may not be installed prior to April 1 of each calendar year and must be removed by December 1 of each calendar year. SILT BOOM -- A structure deployed within the water column that is designed to prevent passage of suspended sediments and contaminants from spreading from the immediate project area to surrounding waters. Pr,vpcr!y ~.~.~a ................ ~, ..... j ........ d the project .... SOUND -- includes the following: Long Island Sound, Fishers Island Sound and Block Island Sound. TOWN WATERS -- All the waters within the boundaries of the Town of Southold tymg-ov~ WETLANDS (TIDAL) (2) All banks, bogs, meadows, flats, and tidal marsh and beaches subject to such tides and upon which grows or may grow some or any of the following: smooth cordgrass (Spartina altemiflora), salt hay grass (Spartina patens), black grass (Juncus gerardii), saltworts (Salicomia spp.), sea lavender (Limoneum spp.), marsh elder (Iva frutescens), groundsel (Baccharis halimfolia), marshmallow (Hibiscus spp.). § 275-3. Findings; purpose; jurisdiction; setbacks. C. Jurisdiction: The following areas are subject to protection under Chapter 275 of the Code May 8, 2012 Southold Town Board Meeting Minutes Page 28 of Southold. (t) Any freshwater wetland, tidal wetland, beach, bluff; dune, flat, marsh, swamp, wet meadow, bog, or vernal pool; (2) Any creek, estuary, stream, pond, canal, or lake; (3) Land under water; (4) Land subject to tidal action; (5) Land within 100 feet of the areas listed above; (6) All Town waters. Setbacks. (1) The following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees: (b) ]3t'aff4i~.. Top ofbluft: [4] Swimming pool and related structures: 100 5~0 feet. § 275-4. Exceptions. The provisions of this chapter shall not require a permit for the following: (3) The ordinary and usual operations relative to a bona fide.preexisting commercial .... ox' ............. horticultural operation landward of the wetland boundary. (5) The ordinary and usual maintenance or repair on a permitted structure (of the same dimensions) of a functional building, dock, pier, wharf, jetty, groin, dike, da other water control de ice o stru c (9) The demolition, removal, repair and/or upgrading of existing residential fuel tanks, fuel lines, fuel dispensers, installation or burial of a residential propane tank, including necessary site work, and provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. v,,ithin (10) Installation of new or replacement windows, roof shingles, solar panels, siding, doors, and second story additions only if additions are within the existing footprint and are made to an upland, permitted structure. (11) The relocation of an existing septic system from within Trustee jurisdiction to outside Trustee iurisdiction. (12) Flagpoles specifically used for that purpose, with a base not greater than 4 feet by 4 feet. (13) Operations landward of a public road whereby the public road is located between the waterbody that is the source of Trustee iurisdiction and the operations. (11 )(1~4) Notwithstanding the above listed exceptions, operations within a designated nondisturbance buffer are prohibited. § 275-5 Permit procedures. May 8, 2012 Southold Town Board Meeting Minutes Page 29 Administrative permit. (1) The administrative permit review process is intended to provide for expedited review for projects that are deemed consistent with the Board's policy regarding protection of wetland resources. If the proposed operations meet with all the current setback requirements as defined by {}275-3 and do not pose a threat to the overall function and condition of wetlands or adjacent buffer areas, applicants may request an administrative permit review. This review does not relieve the applicant of providing all the application requirements ({}275-6) or obtaining permits from other jurisdictions, including, but not limited to, New York State Department of Environmental Conservation and United States Army Corp of Engineers. Under the administrative review process, each application will be reviewed by at least one member of the Board and approved by the maiority. See {}275-8H for details of approval. (2) The following operations will be considered for administrative review, in accordance with the standards set forth in {}275-11: (d) Remodeling ~ renovation ,vr rzc,vnst:-activ~n of a permitted structure, provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. 0v)(e) Construction or installation of drainage structures for the retention of runoff, provided that such structures incorporate the maximum feasible setback from wetlands and provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. The construction of a permitted bulkhead as per {}275-11, which is to replace an existing functional bulkhead, subject to the following: 0e) i0) Minor changes to existing, valid Trustee permits. The Trustees reserve the fight to determine whether the changes qualify for administrative review. (4-)(j)Minor restoration or alterations of landscaping. (:m)(k)Decks. (n) 1(!) Minor alterations to existing permitted shoreline structures including stairs, bulkheads and docks. ~,vv,~,v ...... v ..... v ................. v ..........................hal 0fa May 8, 2012 Page 30 Southold Town Board Meeting Minutes (3) (p)(m) Dredging work necessitated by the accumulation of silt from runoffor other circumstances not the result of activity by or on behalf of the owner of the property. {q)(n) An application for proposed aquaculture activity that includes surface mounting gear in an area greater than five square yards. (o) Deer fences iflocated a minimum of 25 feet landward of the wetland boundary line or bulkhead line, whichever designated line is most landward. Under no circumstances are deer fences permitted in a non- disturbance area. Any such activities shall may require the addition of a nonturf buffer area not to ~ as defined in §275-2. § 275-6. Application. Contents of application. A permit may be issued upon the written, verified application of the person proposing to perform operations on wetlands. Three copies of the complete application, including all written descriptions, pictures and surveys, shall be submitted to the C4e~ Office of the Trustees. Such application shall contain the following information: (2) At the discretion of the Trustees, a schedule for the proposed activities with a completion date. (8) Such application shall be accompanied by a survey and topographical map, created no more than ovte4~ five years prior to the date of application, with contours at two-foot intervals, showing all wetlands within a two-hundred-foot radius of the area from which the removal or in which the deposit of materials is proposed, or in which structures are to be erected, certified by a registered land surveyor or registered professional engineer, licensed by the State of New York. Such survey and topographical map shall show the soundings of the area in which operations are proposed to be conducted. The horizontal control of said survey shall be based on an approved local coordinate system. The vertical control for elevations shall be based on the United States Coast and Geodetic Survey datum. (14) Drainage upgrade. At the discretion of the Board, nonadministrative applications may require submittal of a drainage upgrade plan. This plan must indicate how all existing and proposed on-site drainage from a two-inch rainfall is retained within the subject parcel landward of the wetland boundary. Retention can include but is not limited to infiltration or impoundment. All drainage plans shall show the calculations used to develop the plan. At the discretion of the Board said plans may require certification from a licensed engineer. Applicants may have additional requirements to meet compliance with Chapter 236. § 275-7. Fees. Page31 May 8, 2012 Southold Town Board MeetingMinutes Every non-administrative application for a Trustees wetlands permit filed with the Clerk Office of the Trustees shall be accompanied by a filing fee of $250 which includes the first site visit, no portion of which shall be refundable. The fee for an administrative permit shall be $50. $100. For ~ activities that have been previously built without a permit, the fee will be doubled. Ifa preapplication site visit is requested, the fee shall be $50, which may be applied to an application fee for a wetlands permit made within six months of the site visit and which application involves activities that were the subject of the site visit. Dock and float fee. Every application for a new dock or float shall include a fee~°qual-m $~ per square foot for residential and commercial docks to be set by the Town Board. Commercial docks are any structures that are rented, leased or otherwise used to generate income, including, but not limited to, those structures located on properties zoned M1 and M2. § 275-8. Processing of application. Presubmission conference. Applicants are encouraged to schedule a voluntary presubmission site visit to discuss the proposed operations with the Board. Discussions in the field are purely advisory and nonbinding, but this meeting is intended to facilitate communication between the applicant and the Board. There will be a fee of $50 for this conference which may be applied to an application fee for a wetlands permit made within six months of the site visit and which application involves structures that were the subject of the site visit. Investigation and coordination. Upon receipt of the application, the Gter-k--Office of the Trustees shall maintain the original in the file and forward one copy thereof to each of the following as necessary: the Conservation Advisory Council, LWRP Coordinator, Stormwater Management Officer, ~ one-eopy-m the Planning D part and P3 th Z ' gB d e merit, one co ' to e onln oar ""'~ ........ tv ~'~ c.~a ...~.u ,u~ ~cc.~ ^c,~r-.~,~. Th C ti Ad i yC il h 11 i idappli ti d ............... e onserva on vsor ounc s a revewsa ca onan the effect, if any, on the wetlands and tidal waters of the Town that may result from the proposed operations and shall, within 20 days of receipt of the same, forward its written report of findings and recommendations with respect to such application to the Trustees. If the Conservation Advisory Council shall recommend that such application be disapproved, the reasons for such disapproval shall be set forth in such report. If no response s rece ve w n ays, ..... ~-v .................. j ......................... ,~ a.,~ .... r~ ..... ;~ .... ; .... the review by the Conservation Advisory Council shall be deemed waived. § 275-10. Contents of permit. tXC_: The conditions imposed by the Trustees on the issuance of the permit. E,.D~. The specific location of the areas to be affected by the operations of the permittee. ~..E~. A statement that "The validity of this permit is or may be subject to the approval of other governmental or municipal authorities. The Town accepts no responsibility in applying May 8, 2012 Southold Town Board Meeting Minutes Page 32 for or obtaining such approval. In the event that such approval is necessary, the holder of this permit shall not commence operations hereunder until such approval has been obtained in writing. The failure to obtain such other approval when required shall subject this permit to immediate revocation by the Clerk upon receipt by the Clerk of written notice from such other governmental or municipal authorities of its refusal or disapproval." Acceptance of the permit is acceptance of this condition. G:.F_. A statement that "The permittee does, by the acceptance of this permit, assume all responsibility for operations undertaken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and property resulting from such operations. By such acceptance, the permittee also agrees to indemnify and save harmless the Town and its officers, agents and employees from any and all claims arising from operations under this permit and any and all acts or omissions of the applicant, his agents and employees." Acceptance of the permit is acceptance of this condition. ~.G~. A statement that "The permittee and the owner and occupants of the premises upon which the operations authorized by this permit are being conducted do, by the acceptance of this permit, give consent to the Town and its officers, employees and agents to enter upon the premises where such operations are being conducted to make such inspections to determine whether said operations are being conducted in conformity with the permit and, if necessary, to conduct said operations according to the performance guarantee (§275-9E). t~.H~. A statement that "The permittee is required to notify the Trustees in writing one week prior to initiation of any and all operations." 4:.I_. A statement that "The permittee is required to notify the Trustees in writing upon completion of operations such that the site can be inspected for issuance of a certificate of compliance (§ 275-13)." K=.J_. A statement that "The permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within 90 calendar days of issuance of this permit." A statement that "The permittee is required to conspicuously post the permit and have the supporting Trustees' stamped plans available for immediate inspection at the work site at the commencement of work until which time the project is completed. § 275-11. Construction and operation standards. General. The following standards are required for all operations within the jurisdiction of the Trustees: (1) Drainage upgrade. Applicants for a permit for any form of construction may be required to upgrade the site's drainage system such that all surface water generated from impervious surfaces shall be kept onsite through infiltration or retention. Applicants proposing grading or filling operations will be required to submit a drainage plan for the entire site at the discretion of the Trustees and must, in any event, comply with the requirements of Chapter 236. See also §275- 6A(14) tbr requirements. May 8, 2012 Southold Town Board Meeting Minutes Page 33 (3) (4) (6) New and remodeled homes. New and remodeled homes cannot be situated or modified such that they project closer to the wetland boundary than the mean seaward proiection of homes in the general vicinity and homes on either side of the subject lot. Fences. (a) Trustees reserve the right to permit erection of a split-rail fence where the applicant has shown that there is a need to protect his/her private property. v~qamts. lb) Temporary or seasonal snow fences may be permitted upon a showing of need for erosion control at the Trustee's discretion ...... ell~U (c) Fences on a beach shall be perpendicular to the waterline and not closer than 44~ 20 feet to 5AHW the apparent high water mark. (_d) Only one posted sign per 100 linear feet of fence is allowed on a split-rail fence. Posted signs shall be no larger than 12 inches by 12 inches square. Any fence, barricade or impediment to pedestrian traffic on the beach or wetland area in violation of the provisions of this chapter shall be removed upon written notice to the owner of the premises upon which such fence, barricade or impediment is located sent by certified or registered mail. Such fence, barricade or impediment shall be removed by the owner within 30 days of the date of the notice. Upon failure to comply with such notice, the Building Inspector, the Office of Code Enforcement, Gode ~ or Bay Constable may remove or cause the removal of the illegal structure. (e) If any fence, barricade or impediment is determined by the Building Inspector, the Office of Code Enforcement,God~ ~ or Bay Constable to create a hazard to the health, safety or welfare of the public, such structure may be removed and disposed of by the Town without prior notice to the owner. Upon removal by the Town, all costs and expenses incurred by the Town for the removal of such fence, barricade or impediment shall be the responsibility of the owner. The Town may pursue any and all remedies available at law to recover any unpaid costs associated with removal, including filing a statement with the Town Assessors, identifying the property in connection with which such expenses were incurred and the owner thereof as shown on the latest assessment roll of the Town. The Assessors, in preparation of the next assessment roll, shall assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalty as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. (a) Platforms associated with stairs may not be larger than 32 square feet. May 8, 2012 Southold Town Board Meeting Minutes Page 34 (b) Platforms may not exceed 200 square feet and must be landward of the top of bluff. Shoreline structures. (1) Bulkheads, retaining walls, revetments and gabions. (4)~) All bulkhead construction and renovation work requires the establishment of a permanent nonturf buffer as defined by §275-2. (e) d~) Retaining walls are not permitted unless excessive erosion can be demonstrated. 0)(~_ In order to prevent the release of metals and other contaminants into the wetlands and waters of Southold, the use of lumber pre-treated with any preservative, including but not limited to chromated copper arsenate (also known as "CCA"), penta products, Alkaline Copper Quat (ACQ), or homemade wood preservatives is prohibited for use in sheathing and decking on structures in the wetlands as well as on any part of a structure in low tidal flow wetland areas as determined by the Trustees. Any use of creosote is prohibited. Preservatives of any type, including but not limited to those listed above, cannot be applied to any bulkheads, retaining walls or revetments after installation. Encapsulated pilings or native nonchemically treated (untreated) lumber only should be used in sensitive areas. (rg)Lt)_ The use of tropical hardwoods is not permitted unless it is certified by the Forest Stewardship Council or similar organization. ¢h)(~) New bulkheads in creeks and bays are prohibited, unless the operation involves construction of a low-sill bulkhead or connects to adjoining functional bulkheads. (4)(h) Machine excavation is prohibited in tidal and freshwater wetland areas unless specifically authorized by permit. (4v)(i)No discharge pipes are allowed out of or over bulkheads unless permitted by the Trustees. (j) Individual residential stairs are prohibited on bluffs in the Coastal Erosion Hazard Area if the property is part of an association that maintains a common stairway within a reasonable distance. (4)(k) Lighting: Any and all lights associated with bulkheads, retaining walls, stairs or poles in Trustee jurisdiction must be directed on the subject structure and not out into the adjacent wetland, waterway or property. Lights shall not be on unless the waterfront is in active use. t,./l~) Backfilling: Only clean sand can be used for backfilling in eroded and excavated areas as well as behind new and repaired bulkheads. Garbage, asphalt, and C&D materials are strictly forbidden for use as backfill behind bulkheads. In water. (1) Jetties and groins; general rules. (g) All applicants for jetties and groins extending across the foreshore shall be required to give and maintain a public passing way, o~he-uptund on the May 8, 2012 Southold Town Board Meeting Minutes Page 35 (2) (b) landward end of the jetty or groin as necessary, not less than ,q-ye-four feet in width, to enable persons to pass and repass over said structure by steps or a ramp allowing pedestrian passage. Docks. ~ Except for structures used for water-dependent uses, there shall be no pe~anent structure located on or above the docks, rmps and floats. ~ Any application for a dock to be constructed at the end ofa fi~t-of-way or commonly held land requires the written consent of all p~ies having an interest in the fi~t-of-way, reg~dless of how propeay interests in the upland parcel may be divided among the owner(s), lessee(s), occupant(s), easement holder(s), or ~y other person(s) or entity(ies) with a legal or beneficial interest in any existing or proposed docking hcility. ~ All applic~ts for docks, including catwalks and ramps, extending across the foreshore shall be required to give ~d maintain a public passing way on the l~dward end of the dock, -~* ~ ,u~. ,.,~ r~. ............................. h, to enable persons to pass and repass aound said dock or by steps or a ramp allowing pedestrian passage. [ 10]~ Preexisting nonpe~itted an~or nonconfo~ing structures c~ot be replaced in kind without ~11 review and approval by the Trustees. [11][10]Personal watercrafl or "jet ski" floats cannot be added to any float, stai~ay, or dock without a Trustee pe~it. Floats may not cumulatively exceed 120 square feet. [12][11]Li~ting: Any and all li~ts associated with docks, floats or poles must be directed on the subject structure and not out into the adjacent wetl~d, wate~ay or prope~y. Li~ts shall not be on unless the dock is in active use. [ 13] [ 12]Utilities and Water: If power and/or water are to be installed on a dock, plans for the installation must be provided to the Trustees at the time of application, installation of such amenities on ~ existing pe~itted dock requires obtaining a pemit amendment ~om the Trustees. Dock locations and len~hs. ~ando or boats shall be [3]Id] No floating docks, floats, dock components, duck ~' stored on tidal wetlands, other inteaidal areas or ~eshwater wetlands between April 1 and December 1 of each calend~ ge~. No duck blinds ma~ be stored on tidal wetlands, other inte~idal areas or freshwater wetlands at any time. § 275-14. Transferability. May 8, 2012 Southold Town Board Meeting Minutes Page 36 A valid Trustees' permit ~ may be transferred to another applicant by approval of the Trustees upon a determination of the Trustees that the structure in its current state conforms to the terms and conditions of the permit as ~ssued ........... ~.~ · .... r~.~ ..... ;~..~ ...;.~.~....~.~ ~.. .......... t n~.~ .... ; ..... r~ ~,~.~ The fe fo fe~ g id pe it h 11 ............. v ..... vv ............................... e rtrans n sa ~ s a be $50. IlL SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2012-414 [] 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 [] [] [] [] [] Tax Receiver's Appt Albert IQupski Jr. Seconder [] [] [] [] Rescinded Louisa P. Evans Voter [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-415 CA TEGOR Y: DEPARTMENT: Legislation Town Attorney LL/Amendments to Chapter 275 to SCPC & PB RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline" to the Southold Town Planning, Board and the Suffolk Count, Department of Planning for their recommendations and revorts. Vote Record - Resolution RES-2012-415 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amtmded William Ruland Voter [] [] [] [] [] Defeated Christopher Talbot Seconder [] [] [] [] [] Tabled Jill Dohe~y Voter [] [] [] [] May 8, 2012 Southold Town Board Meeting Minutes Page 37 [] Withdrawn Albe~l Kmpski Jr. Initiator [] [] [] [] [] Supervisor'sAppt Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt Scott Russell Voter [] [] [] [] [] Rescinded [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-416 C.4TEGORY: DEP.4RTMENT: Property Acquisition Public Hearing Land Preservation 5/22 4.'34 P.M. Pekunka P.t~ RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, May 22, 2012, at 4:34 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of property from Barbara J. Marczewski, Sandra M. Rinehart, and Michael M. Pekunka. Said property is located on the north side of Pipes Neck Road approximately 385 feet easterly from the intersection of NYS Route 25 and Pipes Neck Road to the LIRR track and further identified as part of SCTM #1000-53-1-6. The area to be purchased is approximately 10.38' acres of the total property area, which excludes from the purchase an area of approximately 40,000 square feet (0.92 acre) that includes the existing residential dwelling and accessory structures. The address of the property is 475 Pipes Neck Road in Greenport, New York. The property is located within the LI (Light Industrial) zoning district. The proposed acquisition is for the Town of Southold to acquire fee title to approximately 10.38± acres of property. The exact area of the purchase is subject to a Town provided survey. The total purchase price is $550,000 (five hundred fifty thousand dollars) and is not based on a per acre value. The purchase will be funded by the Town's Community Preservation Fund. This acquisition project is eligible for an awarded grant from the New York State Office of Parks, Recreation and Historic Preservation to be used towards 50% of the purchase price plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved for purposes of open space, flesh and salt water marshes and wetland protection, and furtherance of a greenbelt. The purpose of this acquisition is for open space protection, passive recreational purposes, wetland and biological diversity protection and to expand the existing preservation and protection efforts of the Town and County within the Pipes Cove Area. Proposed uses of the property may include the establishment of a nature preserve, May 8, 2012 Page 38 Southold Town Board Meeting Minutes and a passive recreational area with trails, all subject to a Stewardship Management Plan that will be developed fbr this property. The Land Preservation Coordinator has review the acquisition in accordance with Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5. Sanitary Flow Credits may be available for transfer from the property upon the Town's purchase of the property. The transfer of the Sanitary Flow Credits will not be finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer of such credits into the Town TDR Bank. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Vote Record - Resolution RES,2012-4!6 [] Adopted [] Adopted as Amended [] Defeated Ye~/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 ~1 [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-417 cA TE G OR Y: DEPARTMENT: Attend Seminar Solid Waste Management District NYC Energy E~icient Vehicles Show RESOLVED that the Town Board of the Town of Southold hereby grants permission to Solid Waste Coordinator Bunchuck to attend an energy efficient vehicles and equipment show sponsored by the City of New York at Flushing Meadow Park on May 10, 2012. Attendance is free, use of a Town vehicle is authorized. Vote Record - Resolution RES-2012-417 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Defeated Christopher Talbot Initiator [] [] [] [] [] Tabled Jill Doherty Voter [] [] [] [] [] Withdrawn Albert Kmpski Jr. Voter [] [] [] [] [] Supervisor's Appt Louisa P. Evans Seconder [] [] [] [] May 8, 2012 Southold Town Board Meeting Minutes Page 39 [] Tax Receiver's Appt Scott Russell Voter [] 12] [] [] [] Rescinded [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-418 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute Contract #C007079 Between the Town of Southold and the New York State Department of State RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute Contract #C007079 between the Town of Southold and the New York State Department of State in connection with the restoration of Goldsmith Inlet, at a cost of$111,441.00 to the Town, subject to the approval of the Town Attorney. ~vo~e Record ~ ReSOlution RES-20i2~18 ~ ~ [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [~ [] [] [] [] Withdrawn Chrlstopher Talbot Voter [] [] [] [] [] Superviso~'s Appt Jill Doherty Initiator [] [] [] [] [] Tax Receiver's Appt Alberl Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder O [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] : [] [] [] Supt Hgwys Appt [] No Action 2012-419 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Ratifies and Approves the Memorandum of Agreement Between the Town qf Southold and Employee #7125, Dated May 1, 2012 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Memorandum of Agreement between the Town of Southold and Employee #7125, dated May 1, 2012, resolving pending charges pursuant to Civil Service Law Section 75. Vote Record - Resolution RES-2012-419 [] Adopted I Yes/Aye No/Nay Abstain Absent May 8, 2012 Southold Town Board Meeting Minutes Page 40 [] Adopted as Amended Williatn Ruland Initiator [] [] [] [] [] Defeated Christopher Talbot Voter [] [] [] [] [] Tabled Jill Doherty Voter [] [] [] [] [] Withdrawn Albert Ktupski Jr. Seconder [] [] [] [] [] Supervisor's Appt Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt Scott Russell Voter [] [] [] [] [] Rescinded [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-420 CATEGORY: DEPARTMENT: Policies Town Attorney Adopt Family Medical Leave Act (FMLA) Policy RESOLVED that the Town Board of the Town of Southold hereby adopts the Town of Southold Family Medical Leave Act (FMLA) Policy~ effective immediately~ and directs the Accounting Department to distribute copies of the Policy to all employees. · ~ Vote Record - Resolution RES-20i2-420 [] 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 2012-421 CA TEGOR Y: DEPARTMENT: Litigation Town Attorney Authorizes and Directs the Town Attorney's Office to Commence an Action for Injunctive Relief in Supreme Court, Suffblk County, Agcdnst Rose's Vineyard LLC and Joseph Paul Winery, Inc. May 8, 2012 Southold Town Board Meeting Minutes Page 41 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Attorney's Office to commence an action for injunctive relief in Supreme Court~ Suffolk Count, ~ against Rose's Vineyard LLC and Joseph Paul Winery~ Inc. relating to the property located at 18910 County Route 48, Cutchogue, New York. Vote Record - Resolution RES-2012-421 g~ Adopted [] Adopted as Atuended [] 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 [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-422 CA TEGOR Y: DEPARTMENT: Employment - Town Accounting Deny FMLA Leave to a Town Employee RESOLVED that the Town Board of the Town of Southold hereby denies the request for a leave of absence of Employee #7125 pursuant to the Family Medical Leave Act. Vote R~ord - Resolution RES-2012-422 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter 15] [] [] [] [] 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 2012-423 Cd TE GO R Y: DEPARTMENT: Seqra Town Attorney May 8, 2012 Southold Town Board Meeting Minutes Page 42 SEQRA LL/Utility Poles RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed Local Law entitled "A Local Law in Relation to Amendments to Chapter 237~ Streets and Sidewalks~ in connection with Utility Poles" is classified as a Type II action ~ursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA. Vote Record - Resolution RES-2012-423 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Initiator [] [] [] [] [] 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 Comment regarding resolutions 388 & 389 SUPERVISOR RUSSELL: Before we start the public heating, I just want to bring the Board's attention to resolutions 388, 389, I think it is the intention of the Board to waive fees. Those are the two events, for the Scouts and the Historical Society, it wasn't referenced in the resolutions. So I request that be added. 2012-424 CA TE GO R Y: DEPARTMENT: Enact Local Law Town Clerk Enact 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 Utility Poles" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 237~ Streets and Sidewalks~ in connection with Utility Poles" reads as follows: May 8, 2012 Southold Town Board Meeting Minutes Page 43 LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 237~ Streets and Sidewalks~ in connection ~vith Utility Poles". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 237 of the Code of the Town of Southold is hereby amended as follows: ARTICLE V Removal of Utility Poles §237-30. Legislative intent and purpose. Utility poles located within the Town are often damaged by traffic accidents, aging, and/or adverse weather conditions and, as a result, may compromise the health, safety and welfare of Town residents. Utility companies may replace damaged poles with new poles directly next to, or in close proximity to, the damaged pole. However, the damaged pole remains in place, leaving both an eyesore and a threat to the safety of nearby residents. This law seeks to address this issue by requiring that damaged and double utility poles be removed in a timely manner and authorizes penalties against utilities if they 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 utili~ 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 Superihtendent shall notify the utility that owns or operates the pole that it must remove said pole within 20 days of written notice or be subject to penalty. §237-33. Penalties for offenses. A penalty of $250.00 shall be assessed for each day the pole is left standing beyond the period for removal.. May 8, 2012 Southold Town Board Meeting Minutes Page 44 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. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2012-424 [] Adopted [] Adopted as Amca~ded [] 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 [] [] I I~ F1 [] Town Clerk's Appt Scott Russell Voter [] [] 13 [3 [] Supt Hgwys Appt [] No Action VI. Public Hearings Motion To: Motion to recess to Public Hearing RESULT: ADOPTED [UNANIMOUS1 MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Talbot, Doherty, Kmpski Jr., Evans, Russell PH 5/8 7:32 PM LL/Chapter 237, Utility Poles RESULT: CLOSED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Counciman Christopher M. Talbot COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suftblk County, New York, on the 10th day of April, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 237~ Streets and Sidewalks~ in connection with Utility Poles" and May 8, 2012 Southold Town Board Meeting Minutes Page 45 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 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 Utili .ty Poles". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 237 of the Code of the Town of Southold is hereby amended as follows: ARTICLE V Removal of Utility Poles §237-30. Legislative intent and purpose. Utility poles located within the Town are often damaged by traffic accidents, aging, and/or adverse weather conditions and, as a result, may compromise the health, safety and welfare of Town residents. Utility companies may replace damaged poles with new poles directly next to, or in close proximity to, the damaged pole. However, the damaged pole remains in place, leaving both an eyesore and a threat to the safety of nearby residents. This law seeks to address this issue by requiring that damaged and double utility poles be removed in a timely manner and authorizes penalties against utilities if they 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. May 8, 2012 Southold Town Board Meeting Minutes Page 46 §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 le~ 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. IlL 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 posted in the Suffolk Times on April 26, 2012 and that it was posted on the Town Clerk's bulletin board on April 12, 2012. And that is it. Supervisor Scott A.Russell SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular issue? MARIA GRZESIK: Inaudible comments from audience. SUPERVISOR RUSSELL: I am sorry, Mrs. Grzesik. They are. I am sorry, this is actually, this is a local law with reference to utility poles, telephone poles and it is giving the town the authority and giving the highway superintendent the ability to remove unsightly and unsafe utility poles. It is a local law and right now we are at the public component where the public gets to voice their support or opposition to this particular local law and you should feel free to comment if you would like. Does anybody else want to comment on this particular local law? MS. GRZESIK: Inaudible. SUPERVISOR RUSSELL: Mrs. Grzesik, can I just ask you to step up to the podium and speak into the microphone so that we can hear it when we transcribe the minutes of the meeting? The clerk needs it into the microphone, otherwise they won't be able to hear what you, in order to record your comments. We need you up at the podium. Please. May 8, 2012 Southold Town Board Meeting Minutes Page 47 Mrs. Grzesik MS. GRZESIK: Now the reason I am here is I live on Inlet Lane Extension. The utilities have had their illegal poles right smack in the middle of the 49 V2 foot easement since 1960 and I have been fighting this for as long as I have been a property owner on Inlet Lane. Most of the poles are so old, there are over 50 years old, you can actually see the cracks in the poles and I read the article in the Suffolk Times about this meeting and I decided to come. All along I have been taking pictures of what has been going on as far as the replacement of certain poles. Now the county has suggested that the poles be placed to either side or that Greenport electric will provide underground electric wiring. Since the poles are in the middle of the 49 ½ foot easement, the residents on the Gull Pond side have encroached and trespassed up to and beyond the poles. I have a letter here from (inaudible) indicating that they have never paid any taxes for the additional 2400 square feet that they have been using as part of their front lawns and for their driveways and they took down the original trees and replaced them with upscale landscaping, underground electric wiring, sprinkler systems. And these are all in the right of way. Now legally the right of way belongs to all the residents and since Greenport electric has permitted these poles to exist and I certainly have been in touch with them trying to find out when they put the poles in and I finally got some pole locations where the poles should have been and no matter who you talk to they can't find certain records, I have a whole load of things that I submitted under the Freedom of Information Act and I get nothing in response. I said well if you don't know when the poles were put in, how about the electric meters? Do you know when they were installed? Now I know for a fact that when I came here in 1960, that was like Indian country down there. Larry Tuthill was the first one to build and so he brought electric down there. I don't know whether he authorized the poles to be in the middle. I have no idea what went on but according to Suffolk County, they did research and they had, they never had permission or, I have all the letters with me from Suffolk County division of real estate. They never consulted anyone, they just went ahead and put these utility poles right in the middle of the easement. Now, 50 years, more than 50 years have gone by. They are rotted out, they have replaced several, well, maybe two and they never took the old ones out. So you have the double poles. In some situations you have the double pole with a tall and a short and it is an unpaved road, very narrow, a lot of overgrown potholes. As I said, unpaved. No one is responsible for the welfare of certain residents, well, let me put it this way. Some residents don't want improvement. They like it the way it is because it gives them added square feet of a front yard. Because they can go up to and beyond the pole but that is not their property. Their concrete monuments are about 23 ½ or 24 feet back into the pole, the existing poles that are in the middle. About three weeks ago, I had Peconic surveyors come down and I had requested that they put some metal poles where the end of the right of way exists. And you can see that these residents on the Gull Pond side and I don't care whether they like me or not and it will be on television, it is high time that the county or the county and the town do justice. No one is above the law. And this has been going on and because they are encroaching and trespassing, they refuse to form an association, I went begging, I said, let's get together. Let's improve the road, let's all get back to our boundary lines and put some black top and turn it over, dedicate it to Southold so they can pick up, we can have garbage pickup and brush pickup and whatnot. And in the winter we have ice lasagna down there because it snows and it melts and it freezes and then it snows and then it freezes and so you have layers and layers of ice and I know that when I had to have my father, who needed medical care, an ambulance couldn't even get down that road. It was un passable. The post office won't Page 48 May 8, 2012 Southold Town Board Meeting Minutes deliver the mail because it is too icy. Well, now you may say that is a private road. Well, Suffolk County is not private, Suttblk County owns a lot of these roads out here but they don't provide the snow removal. I am paying taxes to Southold Town, I also pay tax to Suftblk County and I am not receiving anything at all as far as the services. The fire engines, fire apparatus barely can get down that road. It is very narrow, in some places it is 15 feet, then it is 10 feet, then it is maybe 15 or 12 and it is a meandering road and a dead end and when two vehicles have to come, there is no way for two vehicles to go up and down. One has to go aside onto private property to allow that other vehicle to pass and then when they get to the end and they can't mm around, they go for, the woman on the end went all the way out and took away the turnaround, there is no where to turn around unless you turn around in a driveway that she created which is in the right of way. It is a total disaster. With so many illegal complications. Now the county has done so much, they have written to so many of the supervisors prior to you, Scott Russell. Jean Cochran and to Mayor Kapell, myself and I had an attorney. And when I bought my property in 1960, I was living in Brooklyn and believe me, my deed didn't come out of a crackerjack box. I had a deed, title insurance, title policy which indicated that there were no obstructions or violations. I had an attorney, I had Van Tuyl, who did all my surveying. Lo and behold, I go back to the city and I come out and I see these utility poles and my husband and I tried to fight it for years, we weren't in a position to hire lawyers or pay a lot of money legally to go to court but it was in the Suffolk Times, it was in the Traveler. It has been publicized. I went down to meetings at the Greenport firehouse, I have minutes from them. I have letters galore and boxes filled with letters from Alan Greco, from legislation from the county which says these people cannot take this property by adverse possession which they claim they have and they can't because it belongs to our municipality, well, anyway I don't know what more I can do. I bring it before you as a situation now with these utility poles, finally come to a head like a pimple. The utility poles are in very bad condition and they have replaced some and they left the old one right next to it. So I called Mr. Harris several times about it, he said we have no jurisdiction, it doesn't belong to the town, it doesn't belong to the village. I said, who does it belong to? It has to belong to someone, we are not living on Mars down there. So it is a situation that has to be approached. It has to be handled. SUPERVISOR RUSSELL: Let me just, for the Town Board's edification, Maria Grzesik lives on a road that had actually been for lack of a better word, been abandoned years ago. The county owns it now as a result of a tax sale. They executed a tax sale on the road. When they take property from tax sale, they don't take them in an ownership way, they don't perform maintenance on them or any, it is just a mechanic of Suffolk County tax act. MS. GRZESIK: They took it as a tax deed because no one down there would pay taxes. SUPERVISOR RUSSELL: And the poles themselves were installed by the Village of Greenport electric company some time ago. The Village of Greenport simply says they do not have the funds to relocate the poles, it would be an expensive proposition. The problem is, it is not a town road, it is a county road only because of the mechanics of the Suftblk County tax act and so it is in this quagmire as to how do you bring pressure to bear to get the poles relocated to the side of the road? May 8, 2012 Southold Town Board Meeting Minutes Page 49 JUSTICE EVANS: But it wouldn't have been a town road, it would have been a private road if Suftblk County hadn't taken it? SUPERVISOR RUSSELL: It wouldn't meet the requirements for the town to accept it as a public road in its current condition, no. MS. GRZESIK: Well, Supervisor Russell, no matter who owns it, whether it is county or privately or what have you, the fact remains that the utility poles were placed illegally without permission from anybody. They don't belong there, they are in violation and perhaps if the poles weren't there, people on the Gull Pond side couldn't encroach and trespass up to and beyond the poles. They say, oh, you know you can't drive through the poles. Well, in the city they drive on either side of overhead subway trains. Now, if those poles weren't there and that road was the width that it should be, you could have two vehicles going up and down, even if the poles were in the middle. One side going in, if the turnaround had not been taken by a resident, there would be a turnaround where the cars could turn and come out. Now in 2010, I almost died in the house. I live alone, I am a widow, I hemorrhaged so badly and the ambulance couldn't even get down the road because we had some of the residents parked in the road and the ambulance had to go up on the berm to come around this illegally parked vehicle and then when the beach opens, you know, some people don't want to pay to get on the public beach, so Inlet Lane is the road right before the public beach and what they do is they swing in there because it is narrow and hidden with the trees and overgrowth and they park and they disappear and if any kind of emergency vehicle has to get down that road, these cars would have to be towed away and minutes in time are taken where lives could be lost. This is a danger. The county sent investigators, they came, they inspected and they said that it was a very dangerous thing for health and safety. Now this pole situation is about the appearance, the aesthetics, health and safety. Well, I think, I have been living down there with my heart in my mouth lots of times when we had people, we had fires and fire engines were on private property. Not that I (inaudible) well, let them be on private property because they are trying to save lives, they are doing a public service but it shouldn't have to come to that. COUNCILMAN KRUPSKI: Well, the way that this law is written it says that the superintendent of highways determines... MS. GRZESIK: Can you speak up a little? I can't hear you. COUNCILMAN KRUPSKI: Sure. The superintendent of highways determines that a utility pole in a highway or right of way is damaged or a double pole, he shall notify the utility that owns or operates the pole, that it must remove the said pole within 20 days. Now does that, that says highway or right of way would that .... MS. GRZESIK: Do you want to see some of the evidence? SUPERVISOR RUSSELL: Yes, please. Feel free. MS. GRZESIK: I have tons. I have boxes full of letters from the county, this is a copy of the tax May 8, 2012 Southold Town Board Meeting Minutes Page 50 deed from the county, this is a survey map from Peconic surveyors showing the actual size of the road and what is being utilized. This is a letter that is old, it goes back to 1981 from William Price before he became the judge, when he wrote to George Hubbard that they had to remove these poles. This is another letter from Alan Greco to my lawyer at the time, this is 1999. These are the forms, these are the applications that I sent down to Greenport (inaudible). Their responses are like nothing. They tell me to go down and read the book. Check the book. SUPERVISOR RUSSELL: My understanding was that Suffolk County was willing to transfer the ownership of the road to you. MS. GRZESIK: To me? They are not allowed to give it to one person, they have to put it up for auction and then it is, you know, people bid on it. Now they had the last auction this November and I went down to Hauppauge and I put my bidding on it and lo and behold there was a gentleman behind me, a Pakistani man, and he bid and I didn't even hear him, it went so fast and he bid higher, not by much and he supposedly got the right to the right of way. I called Suffolk County, they know me by voice, they don't even have to ask who is it? They know me because I have called so many times. They said it hasn't been finalized, he put a deposit and if he doesn't agree to go through with the closing then he loses the deposit and so according to his attorney there are a lot of problems now. A lot of problems. With poles and people encroaching into property, that was put up at bid at the auction there with Suffolk County. It just gets deeper and deeper and more involved. And the people that are guilty are the ones that don't want to move back, they are not paying any taxes on that portion of the property that they are utilizing and it is high time, listen, no one is above the law in this country, supposedly. We all have to pay, you know they say you are sure of two things, death and taxes. Well, we are all sure of death but they are not paying part of their real estate taxes. They are on the road. That belongs to other people. Anyway, let me come up and show you what I have. COUNCILMAN TALBOT: Let us get this law going forward, we will adopt it, if the Board chooses and then maybe we can help you a little bit more with it. COUNCILMAN KRUPSKI: We want to, can I .... COUNCILMAN TALBOT: A lot of this stuff isn't pertaining to this public hearing that we are having right now. MS. GRZESIK: Inaudible. COUNCILMAN KRUPSKI: And can I clarify something with our town attorney? MS. GRZESIK: How about I leave alt this and at your leisure you can look through it? And when you have finished with it, call me and I will come... SUPERVISOR RUSSELL: Yes. MS. GRZESIK: Inaudible. May 8, 2012 Southold Town Board Meeting Minutes Page 51 SUPERVISOR RUSSELL: Right. There are two separate issues here. This particular law may hopefully may be able to address those double poles, those old decrepit poles that are no longer functioning, it may be able to but this law, as a matter of law, isn't going to make anybody relocate the power distribution system. MS. GRZESIK: Inaudible. And not just the poles, the poles are protection for those who want to use the poles as an excuse for them going all the way out to them and beyond. You know, I can go out to the poles on the other side (inaudible) COUNCILMAN KRUPSKI: I have a question for the town attorney. MS. GRZESIK: But if they took the poles out of there, no one would have any excuse, they would have to move back to their property line. COUNCILMAN KRUPSKI: Martin, the way this reads, would this in fact bring any relief here because it doesn't say a town owned highway or right of way, it just says a highway of fight of way and it also references any poles in the town, so would that mean on private property also? MS. GRZESIK: But this is not private, Suffulk County owns it. they are not private, they are municipality. COUNCILMAN KRUPSKI: That is why I wondered if the highway .... MS. GRZESIK: Inaudible. COUNCILMAN KRUPSKI: Right but I am wondering if this law, the way it is worded, would that bring relief to this site? TOWN ATTORNEY FINNEGAN: I certainly think it would authorize Pete to reach out and notify the utility (inaudible)... MS. GRZESIK: Inaudible. SUPERVISOR RUSSELL: I think the Board has heard everything. You have left me some information, I will review it with the Board. You can pick this up from my office at the end of this week if you would like. MS. GRZESIK: Inaudible. SUPERVISOR RUSSELL: Okay. MS. GRZESIK: Inaudible. I spoke to Sylvia Pirillo, I get nothing. Inaudible. Come on, get with it here. I was a teacher in New York City for 30 years, I am accountable. Inaudible. May 8, 2012 Southold Town Board Board Meeting Minutes SUPERVISOR RUSSELL: We are going to pass this law tonight and then study this its application to this particular issue tomorrow and we will look at all the information you have given us. Okay? MS. GRZESIK: Well, alright. SUPERVISOR RUSSELL: Thank you. MS. GRZESIK: I think I said enough. It took a lot of courage for me to come here tonight. Inaudible. COUNCILMAN TALBOT: Thank you. The supervisor will get back to you. SUPERVISOR RUSSELL: Thank you very much. COUNCILMAN KRUPSKI: Thank you. So that is what we are contemplating passing, that would give Pete the authority, even on the right of way, that he would, he would be able to contact the utility. SUPERVISOR RUSSELL: But there are other issues here that, I will sit down and discuss the issue with Pete tomorrow and .... COUNCILMAN KRUPSKI: On the double pole, he would have that authority. Supervisor Russell SUPERVISOR RUSSELL: Would anybody else like to comment on this particular local law? (No response) Closing Comments Supervisor Russell SUPERVISOR RUSSELL: That completes the agenda. Would anybody like to comment on any issue under the sun? Please feel free. Mr. Dunn? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at P.M. Southold Town Clerk Page 5'2 May 8, 2012 Southold Town Board Board Meeting Minutes RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Doherty, Kmpski Jr., Evans, Russell Page