Loading...
HomeMy WebLinkAboutAG-08/28/2012ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631 ) 765 - 1800 www. southoldt own.northfork.net Final 8/28 3:00 pm AGENDA SOUTHOLD TOWN BOARD August 28, 2012 7:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Agenda is generally available the Friday before the meeting. The video of the meeting is usually available 1-2 hours after the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed in one of two ways: (1) The town of Southold website: southoldtown.northfork.net Click on "Town Board On- Line"; Click Box "Yes" to be redirected to IQM2 and you will then be redirected to the Town Clerk online site. (2) www.townclerk, com Enter zip code 11971 in box on lower right hand side and "enter". On the left hand side of screen a dark blue box will pop up, you will see "Town of Southold, Long Island, NY", click on this and another box will pop up that will tell you that you are being directed to another site click on "Yes" to go into the Town Clerk site. Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the meeting by clicking on the camera symbol. All of this information is available 24/7. If you would like help navigating the site, please feel free to call my office 631-765-1800. CALL TO ORDER 7:30 PM Meeting called to order on August 28, 2012 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrived Councilman William Ruland [] [] [] Councilman Christopher Talbot [] [] [] Councilwoman Jill Doherty [] [] [] Councilman Albert Krupski Jr. [] [] [] Southold Town Meeting Agenda - August 28, 2012 Page 2 Justice Louisa P. Evans [] [] [] Supervisor Scott Russell [] [] [] I. REPORTS 1. Building Department July 2012 2. Department of Solid Waste Monthly Report June 2012 []July 2012 3. Land Tracking Report 2nd quarter 2012 4. Human Resource Center July 2012 5. Budget Report July 2012 II. PUBLIC NOTICES III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 A.M. - Phimp Beltz, Dan Sarnowski, Heather Lanza Housing Advisory Commission's RFP for Apartment Rentals 2. 9:15 A.M. - Phimp Beltz Affordable Housing Benchmarks: Sales Price, Rental Units, Sanitary Flow Credits, Inclusionary Zoning Buyout 3. 9:30 A.M. - Phimp Beltz, Heather Lanza Comprehensive Plan Update: Land Preservation Chapter 4. 9:45 A.M. - Jeff Standish Upcoming Deer Management Program Hunting Season 5. Contact State Officials Asking for Legislation on Trapping, Bating and Harvesting for the Town-Wide Deer Management Program 6. 10:00 A.M. - Vincent Orlando ADA Playground Update Southold Town Meeting Agenda - August 28, 2012 Page 3 7. REview of Recently Enacted Animal Waste Law 8. Review of Temporary Trailer Application 195 Bay Road, Cutchogue 9. 11:00 - Heather Lanza Review- of Proposed Lot Line Modification for Droskoski & Sepenoski 10. Affordable Housing Formula for Sales Price 11. LL/Amendments to Chapter 275 to be referred to Code Committee 12. EXECUTIVE SESSION- Labor Matters involving employment of particular person(s) 13. EXECUTIVE SESSION - Litigation James Orioli and Susan Magg v. Trustees of the TOS [~Town of Southold v. Go Green Sanitation Inc., et al. 14. 10:15 - Jim McMahon and Jamie Richter Bids received for Highway Barn Roof and Updated on Hockey Rink V. RESOLUTIONS 2012-640 CA TEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated m~ust 28, 2012. · / Vo~e Recor~ Resolution RES 2012 640 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended -- [] Defeated William Ruland [] [] [] [] [] Tabled Ct~'istopher Talbot [] [] [] [] Jill Doherty [] [] [] [] [] Supe~wisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action Southold Town Meeting Agenda - August 28, 2012 Page 4 2012-641 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set ~Vext Meeting 9/11/12 4.'30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, September 1L 2012 at the Southold Town Hall, Southold, New York at 4:30 P. Vote Record Resolution RES 2012 641 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] With&awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-627 Tabled 8/14/2012 4:30 PM CA TE GORY: Equipment DEPARTMENT: Highway Department AMENDED - Purchase Line Striper - State Contract Fiscal Impact: At the August 14, 2012, Town Board Meeting, Resolution 2012-627 was tabled. As Superintendent of Highways, I hereby submit a second request in order to receive approval to purchase a line striping machine. The reason for this request is that the Highway Department's present portable line striper is no longer reliable m the performance of its needed functions. After repeated repair attempts (as well as the recent purchase of replacement part~9, it is no longer cost effective, in either time or money, to attempt further repairs to try to make this equipment reliably operational. ,4 new appropriation line item has been created specifically by the Accounting Department to accurately code this type of equipment and this change should be noted as well. Southold Town Meeting Agenda - August 28, 2012 Page 5 RESOLVED that the Town Board of the Town of Southold hereby approves the purchase by the Superintendent of Highways of one (1) line striper from the Suffolk County (DPW) Contract #PLS-053013 as follows: One (1) new Graco 248863 LineLazer IV 3900 portable two-~un paint striper, for the purchase price of $5,190.00, and that the appropriation Hne to be char~ed for this equipment should be DB.5130.2.500.300. · /'Vot~ Record Resolution RES 2012 627 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ctn'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-642 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoint Jobina ~iller Account Clerk RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted August 15, 2012 that appointed Jobina Miller to the position of Account Clerk. Vote Record Resolution RES 2012 642 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action Southold Town Meeting Agenda - August 28, 2012 Page 6 2012-643 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire Detention Attendant-Police Department RESOLVED that the Town Board of the Town of Southold hereby appoints Renee Phelps to the position of Detention Attendant for the Police Department, effective August 28, 2012, at a rate of $16.46 per hour. Vote Record Resolution RES 2012 643 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] With&awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-644 CATEGORY: DEPARTMENT: Advertise Police Dept Police Department-Request to Advertise for Detention Attendant RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for the position of Detention Attendant for the Police Department at rate of $16.46 per hour. Vote Record Resolution RES 2012 644 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended -- [] Defeated William Ruland [] [] [] [] [] Tabled Ct~'istopher Talbot [] [] [] [] [] With&awn Jill Doherty [] [] [] [] [] Supe~wisor's Appt Albert Krupski Jr. [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action Southold Town Meeting Agenda - August 28, 2012 Page 7 2012-645 CATEGORY: DEPARTMENT: Budget Modification Accounting Budget Modification Highway Fund Part Town Fiscal Impact: Increase retirement appropriation for Highway Fund for reapportionment of invoice based on actual salaries paid for the period 4/1/11 to 3/31/12. RESOLVED that the Town Board of the Town of Southold hereby modifies the Highway Fund 2012 budget as follows: From: DB.9030.8.000.000 Social Security Benefits Total To: DB.9010.8.000.000 NYS Retirement Total $13,800 $13,800 $13,800 $13,800 Vote Record Resolution RES 2012 645 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] With&awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-646 CATEGORY: DEPARTMENT: Attend Seminar Information Technology SLOSH Map Program Application Training Seminar Fiscal Impact: The ~Vational Weather Service and Suffolk County OFAJ have teamed up to present a re-fresher training class on the use of the SLOSH program. This program was used during TS Irene to assist with storm Southold Town Meeting Agenda - August 28, 2012 Page 8 surge expectations and evacuation decisions and proved to be a very m'eful tool. The class will be conducted at the Suffolk County EOC on Thursday, August 30, 2012from 0900 to 1300hrs. RESOLVED that the Town Board of the Town of Southold hereby grants permission to Lloyd Reisenberg to attend a seminar on SLOSH Map Training in Yaphank, NY, on August, 30 2012. All expenses for registration, travel to be a legal charge to the 2012 budget (meetings and seminars). Vote Record Resolution RES 2012 646 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] With&awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-647 CATEGORY: DEPARTMENT: Attend Seminar Information Technology Organizing and Managing the Local Eoc Fiscal Impact: The New Fork State Emergency Management Office is 6ponsoring a course on Organizing and Managmg the Local EOC, which is a newly developedjurisdiction-specific training course designed to address the DHS Target Capability of providing Multi-,4gency Coordination (MAC) for incident management through the activation and operation of the emergency operations center (EOC). RESOLVED that the Town Board of the Town of Southold hereby grants permission to Chief Martin Flatley, Lloyd Reisenberg and Erick Haas to attend a seminar on Emergency Operations Center Management in Yaphank, NY, on September 25 and 26, 2012. All expenses for registration and travel to be a legal charge to the 2012 budget (meetings and seminars). Vote Record Resolution RES 2012 647 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland [] [] [] [] [] Defeated [] Tabled Ct~'istopher Talbot [] [] [] [] [] With&awn Jill Doherty [] [] [] [] [] Supe~wisor's Appt Albert Krupski Jr. [] [] [] [] [] Tax Receiver's Appt ~ Louisa P. Evans [] [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell [] [] [] [] Southold Town Meeting Agenda - August 28, 2012 Page 9 [] Supt Hgwys Appt [] No Action 2012-648 CATEGORY: DEPARTMENT: Employment - Town Accounting Resignation Robert Dumouchel RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted August 15, 2012 that accepted the resignation of Robert Dumouchel. Vote Record Resolution RES 2012 648 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-649 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute the Agreement Between the Town of $outhold and the County of Suffolk, in Connection with the iVYS Office of Homeland Security Grant Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the A~reement between the Town of Southold and the County of Suffolk actin~ through its duly constituted Sheriff's Office~ in connection with the NYS Office of Homeland Security Grant Program regarding grant funds in the sum of $110,500.00 for Operation Shield administered by the Suffolk County SheriWs Office in partnership with the East End Marine Task Force, for the term commencing on January 1, 2012 and ending on December 31, 2012, subject to the approval of the Town Attorney. Southold Town Meeting Agenda - August 28, 2012 Page 10 Vote Record Resolution RES 2012 649 [] Adopted [] Adopted as Panended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-650 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoint Emily Peabody PT Clerk RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted August 17, 2012 that appointed Emily Peabody to the position of part-time Clerk. Vote Record Resolution RES 2012 650 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-651 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoint Robert J. Lavin Jr. PT Purser RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Southold Town Meeting Agenda - August 28, 2012 Page 11 resolution of the Fishers Island Ferry District adopted August 17, 2012 that appointed Robert J. Lavin Jr. to the position of part-time Purser. Vote Record Resolution RES 2012 651 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] With&awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-652 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoint Logan Glidewell FT Deckhand RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted August 17, 2012 that appointed Logan Glidewell to the position of full time Deckhand. Vote Record Resolution RES 2012 652 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] With&awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-653 CATEGORY: DEPARTMENT: Authorize to Bid Town Clerk Southold Town Meeting Agenda - August 28, 2012 Page 12 Advertise forBid- Used PD I/chicles RESOLVED that the Town Board of the Town of Southold hereby declares the following vehicle to be surplus: Asset# Vehicle VIN Minimum Bid 3167 2004 Ford CVC 2FAHP71W14X164588 $440.00 And be it further RESOLVED that the Town Clerk is hereby authorized and directed to advertise same for bid. Vote Record Resolution RES 2012 653 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-654 CATEGORY: DEPARTMENT: Budget Modification Accounting Budget Modification for Anti-Bias Task Force Picnic Fiscal ]rnpact: Appropriate donations and allocate contigencies for Anti-B ias task Force cornrnunity picnic RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2012 budget as follows: Increase Revenues: A. 2705.40 Gifts and Donations, Other Donations Decrease Appropriations A. 1990.4.100.100 Unallocated Contingencies Net Total $210 $596 $806 Increase Appropriations: A. 1010.4.600.775 Town Board, Anti-Bias Task Force $806 Southold Town Meeting Agenda - August 28, 2012 Page 13 Net Total $806 Vote Record Resolution RES 2012 654 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] With&awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-655 CATEGORY: DEPARTMENT: Budget Modification Accounting Budget Modification for Tax Receiver Fiscal Impact: Cover over-expended overtime and anticipated December 2012 nee&for seasonal Tax Cashiers and meeting/seminar line for Association of Towns meeting. RESOLVED that the Town Board of the Town of Southold hereby modifies the Receiver of Taxes 2012 budget in the General Fund Whole Town as follows: From: A. 1330.1.300.100 To: A. 1330.1.300.200 A. 1330.4.600.200 Seasonal Employees, Regular Earnings Total $570 $570 Seasonal Employees, Overtime Earnings $400 Meetings & Seminars 170 Total $570 Vote Record Resolution RES 2012 655 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland [] [] [] [] [] Defeated = [] Tabled Ctn'istopher Talbot [] [] [] [] [] With&awn Jill Doherty [] [] [] [] [] Supe~wisor's Appt Albert Krupski Jr. [] [] [] [] [] Tax Receiver's Appt ~-- Louisa P. Evans [] [] [] [] [] Rescinded = [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt Southold Town Meeting Agenda - August 28, 2012 Page 14 [] No Action 2012-656 CATEGORY: DEPARTMENT: Committee Appointment Human Resource Center Permission to Accept Committee Appointment Fiscal Impact: (~uarterly meetings are held in Suffolk County during regular business hours therefore no overtime will be recurred. Resolved the Town Board of the Town of Southold hereby grants permission for Karen McLaughlin, Town Director of Human Services to accept appointment and serve as Chairperson of the Long Term Care Council for Suffolk County's New York Connects Program for a term of one year. Vote Record Resolution RES 2012 656 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-657 CATEGORY: DEPARTMENT: Budget Modification Town Attorney FA Budget Modif ication Fiscal Impact: for the purpose of covering expenses associated m connection with legal books and legal research as it relates to a new Westlaw Agreement which includes additional publications and continuing legal education services RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2012 Town Attorney budget as follows: Southold Town Meeting Agenda - August 28, 2012 Page 15 TO: A. 1420.4.100.200 FROM: A. 1420.4.600.600 Town Attorney, Books/Research Materials Town Attorney, Dues & Subscriptions +$3,500.00 -$3,500.00 Vote Record Resolution RES 2012 657 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] WithO'awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded ~-- Louisa P. Evans [] [] [] [] [] Town Clerk's Appt = [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-658 CATEGORY: DEPARTMENT: Budget Modification Highway Department 2012 Budget Modification - Highway Fiscal Impact: The reason for submission of&is budget line item change is due to &e fact &at a newly created Machinery Equipment line is m need of funding due to &e proposed purchase of a Line Striper. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Highway Fund Part Town budget as follows: From: DB.5110.4.100.550 To: DB.5130.2.500.300 General Repairs Contractual Expense Supplies & Materials Equipment Parts/Supplies Machinery Equipment & Capital Outlay Other Equipment Other Equipment TOTAL: TOTAL: $ 5A90.00 $ 5,190.00 $ 5A90.00 $ 5,190.00 Southold Town Meeting Agenda - August 28, 2012 Page 16 Vote Record Resolution RES 2012 658 [] Adopted [] Adopted as Panended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-659 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute the Agreement Between the Town of Southold and Wayne I. Galante, Certified Court Reporter, or His Agent, in Connection with Court Reporting Services RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the A~reement between the Town of Southold and Wayne I. Galante, Certified Court Reporter, or his a~ent, in connection with Court Reportin~ Services for the Board of Trustees, for the period from January 1, 2012 through December 31, 2012, subject to the approval of the Town Attorney. Vote Record Resolution RES ~012 659 [] Adopted [] Adopted as Panended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-660 CATEGORY: DEPARTMENT: Employment - Town Accounting Southold Town Meeting Agenda - August 28, 2012 Page 17 Acknowledge Civil Service Title Change RESOLVED that the Town Board of the Town of Southold hereby acknowledges the title change of Lucille Cappabianca from Part Time Legal Stenographer to Part Time Legal Secretary as directed by Suffolk County Civil Service, rate of pay to remain the same. Vote Record Resolution RES 2012 660 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded ~-- Louisa P. Evans [] [] [] [] [] Town Clerk's Appt = [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-661 CATEGORY: DEPARTMENT: Budget Modification Solid Waste Management District SI/VMD Budget Modification Fiscal Impact: For liquidation of accumulated employee comp time. Purchase of new grinder screens. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Solid Waste Management District budget as follows: From: SR 8160.1.100.100 (Personal Services Full Time Regular Earnings) SR 8160.4.400.840 (Hazardous Waste Removal) To: SR 8160.1.100.200 (Personal Services Full Time Overtime Earnings) SR 8160.4.100.596 (Maint/Supply CBI Grinder) $ 3,000 $ 3,000 $ 6,000 $ 3,000 $ 3,000 $ 6,000 ~VoteRecord ResolufionRES 2012 661 [] Adopted [] Adopted as Amended [] Defeated [] Tabled Yes/Aye No/Nay Abstain Absent William Ruland [] [] [] [] Cta'istopher Talbot [] [] [] [] Southold Town Meeting Agenda - August 28, 2012 Page 18 [] Withdrawn Jill Doherty [] Supe~wisor's Appt Albert Krupski Jr. [] Tax Receiver's Appt [] Rescinded Louisa P. Evans [] Town Clerk's Appt Scott Russell [] Supt Hgwys Appt [] No Action 2012-662 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute &e Modification Agreement Form Between &e Town of Sou&old and the New Fork State Department of State RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Modification A~reement Form between the Town of Southold and the New York State Department of State in connection with amendin~ the Budget for A~reement #C006878 (Stormwater Management in the Town of Southold~ Phase II), subject to the approval of the Town Attorney. · / Vote Record ResolutloliRES 2~012 662 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] WithO'awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-663 CATEGORY: DEPARTMENT: Budget Modification Highway Department 2012 Budget Modification - Highway Fiscal Impact: The reason for submission of&is budget line item change is due to &e fact &at it is necessary for the Highway Department to rent a track excavator (as &is is the only tPiece of equitPment which could Southold Town Meeting Agenda - August 28, 2012 Page 19 properly clean out the boggy bottom of the Town's Theresa Drive, Mattituck, drainage sump). This is a specialized piece of off-road heavy equipment. It is more cost effective to rent a track excavator for a short period of time rather than purchase one for over two hundred thousand dollars. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Highway Fund Part Town budget as follows: From: DB.5130.4.400.650 To: DB.5130.4.400.300 Machinery Contractual Expense Contracted Services Maintenance & Repairs Machinery Contractual Expense Contracted Services Equipment Rentals TOTAL: TOTAL: $ 5,400.00 $ 5,400.00 $ 5,400.00 $ 5,400.00 Vote Record Resolution RES 2012 663 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] With&awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-664 CATEGORY: DEPARTMENT: Authorize to Bid Supervisor RFP for Affordable Apartment Rentah' RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for Request for Proposals for affordable apartment rentals in the Town of Southold, details to be provided by Phillip Beltz. Southold Town Meeting Agenda - August 28, 2012 Page 20 Vote Record Resolution RES 2012 664 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withdrawn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-665 CATEGORY: DEPARTMENT: Affordable Housing Town Clerk Set Maximum Pricing for Affordable Housing RESOLVED that the Town Board of the Town of Southold hereby sets the maximum initial sales price and maximum allowable monthly rent for 2012 for newly created affordable housin~ units as follows: Home Purchase Price May Not Exceed Households earning 80% or less of the HUD median income for Nassau/Suffolk $215,000' Households earning 100% or less of the HUD median income for Nassau/Suffolk $268,750** *2.5 times the 80% median income for Nassau/Suffolk County ($86,000) **2.5 times the 100% median income for Nassau/Suffolk County ($107,500) Monthly Rental Amounts May Not Exceed (utilities not be included) Efficiency $ 941'** One Bedroom $1008'** Two Bedroom $1210'** Three Bedroom $1397'** Four Bedroom $1558'** *** represents Nassau/Suffolk Low Home Rent Limit Vote Record Resolution RES 2012 665 [] Adopted [] Adopted as Amended Southold Town Meeting Agenda - August 28, 2012 Page 21 [] Defeated William Ruland Ctn'istopher Talbot [] Supe~wisor's Appt Jill Doherty [] Tax Receiver's Appt Albert Krupski Jr. [] Rescinded Louisa P. Evans [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] No Action 2012-666 CATEGORY: DEPARTMENT: Affordable Housing Supervisor Set Payment for MIFD U RESOLVED that pursuant to Chapter 240-10-B(2)(c)[2][a] of the Town Code, the Town Board of the Town of Southold hereby sets $215~000 as the amount of payment required per housin~ unit for Moderate Income Family DwelHn~ Units not built within the Town of Southold's inclusionary zonin~ requirements. Said amount reflects two times the Nassau/Suffolk median income for a family of four in accordance with the Lon~ Island Workforce Housin~ Act. Vote Record Resolution/lES 2012 666 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-667 CATEGORY: DEPARTMENT: Sanitary Flow Credits Supervisor Set Sanitary Flow Credit Prices 2012 Southold Town Meeting Agenda - August 28, 2012 Page 22 RESOLVED that the Town Board of the Town of Southold hereby sets the following prices for Sanitary Flow Credits transferred from the Sanitary Flow Credit Bank to an applicant pursuant to the procedures set forth in Chapter 117 of the Town Code: $10,000 per credit to be used to create an accessory apartment $12,500 per credit to be used to create a single family home Each credit is equivalent to 300 gallons per day of sanitary flow. A credit may be transferred to an applicant in fractional amounts no smaller than a tenth of a credit. Vote Record Resolution RES 2012 667 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] With&awn Ctn'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-668 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire School Crossing Guard - Police Department RESOLVED that the Town Board of the Town of Southold hereby appoints Renee Phelps to the position of School Crossin~ Guard for the post located at Cutchogue East Elementary School, Route 25, Cutchogue, at the daily rate of $101.00 effective September 10, 2012. Vote Record Resolution RES 2012 668 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] With&awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action Southold Town Meeting Agenda - August 28, 2012 Page 23 2012-669 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Attorney 9/25/12 @ 7.'32 ?M LL/275 Amendments WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, onthe 28th day of August, 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 25th day of September, 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 275~ Wetlands and Shoreline" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 275, Wetlands and Shoreline". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. In order to continue to protect the natural state of the shorelines and wetlands within the Town of Southold, while balancing the rights of property owners, it is the purpose of these amendments to simplify the permit process, codify and clarify existing policies and conform certain regulations to environmentally accepted practice. II. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: § 275-2. Definitions; word usage. o..~..~1~11 .*~1~ ...., ~ ~',-~ ..... -.~,--.so:-~' gi;'cn herein. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third International Dictionary of the English Language, unabridged (or latest edition). Southold Town Meeting Agenda - August 28, 2012 Page 24 AQUACULTURE -- The raising or cultivation of nursery spawn shc!!.qsh in aXi.qcia! ~^-+-: .... + ...... ~---~: ..... offSoXon, living aquatic organisms. BAY -- Cutc c~c Harcr, ~ 2%', ............... ;,. ........... ;, ..~ ........ ;, ~ ..... .......... 2, ~..~ ........ 2, Or crX Hat or an ou o ay. boundaries of the Town of Southold excluding the Long Island Sound, Lakes 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 prcvic, ua!y nc, minatcd designated by the Town of Southold and/or Suffolk County dcai~nat cd 55' thc XT~..,.,~,, V~l.~ ~..~ ~i~' ~'''~''~1~"~- ~--~. ~¢ ~' .~, ~ 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 FLOATING DOCK -- Any structure, raft or floating platform, the intended use of which is to secure a boat or vessel, which is designed to float upon the surface of a water body and is secured in place by poles, pilings, anchors, or any other type of mooring system that provides access to the water. A floating dock includes the float itself and any pilings or mooring system designed to keep the dock at a fixed point. FUNCTIONAL -- Any structure that has csacmia..y retained its intended purpose and use ......... +~'~ 21 ~^-+~' ....... a:-~ +~. ...... +: ........+:":+:~' ~ ......, as determined,~ the Board of Trustees. Southold Town Meeting Agenda - August 28, 2012 Page 25 GROIN -- A man-made barrier typically perpendicular to the shoreline used to change the natural littoral drift, · --.:~,.:~ :~1~, prevent erosion, ..................craran¢cg, or protect an area from wave energy. ~ ~ ": ~+"'" JETTY A d b i p p di ! *~'~ h Ii d t h g th ! diff int i b h 1 ati p i d int i i 1 ..... *~* ...... LOW-PROFILE JETTIES -- The definition of a low-profile jetty is site specific, but typically is a structure no higher than 18 inches tc 2 a, inches above existing soil or sediment grade on the down-drift side and shall not extend seaward of apparent low water. MATERIAL -- Soil, sand, stone, gravel, clay, bog, peat, mud, wood or any other material, including liquids, organic or inorganic. MEAN HIGH WATER (MHW) -- The average of all the high water heights observed over the most previous nineteen 5'car period eighteen and a half year period. MEAN LOW WATER (MLW) -- The average of all the low water heights observed over the most previous nineteen 5'car period eighteen and half year period. MOORING -- Anchoring for greater than g4 4~8 hours other than in designated anchorage areas as established by a governmental agency. NONDISTURBANCE BUFFER -- A vegetated area, a miniwcam cf30 fcct ':Adc ar as designated by the Board of Trustees, immediately landward of the wetland boundary, shoreline structure, or other line designated by the Trustees where no operations, maintenance, placement of signs or other activities may take place, except that man-made debris may be removed from such area by hand without the permission of the Board of Trustees. NONTURF BUFFER -- A designated area where turf grass, pesticides and fertilizers are not permitted. Any pervious material allowing for percolation of surface runoff into the soil i~ ........ native vegetation, wood chips, mulch, gravel, and sand. allowed. Examples include: -.,-..1 · Decks may be allowed if they are level or pitched away from the water, are pervious to precipitation and are constructed of materials other than treated lumber. Any and all runoff' generated by such structures must be allowed to percolate into the ground directly below the struct [7 ~.~.: 1: ........... , c ................................. area. OPERATIONS (1) The machine excavation and/or removal of material from wetlands, o~ An,/athcr'::isc activit,/in freshwater or tidal wetlands or in an,/area within Trustee jurisdiction, including, but not limited to, (-20 T~.~ ..~ ..~vo..a ..... :* cr ..isc..argc ch ma.cria. (2) the placement, repair or removal of structures, including, but not limited to, boats, floating docks, floats, dock components, duck blinds; or ^- wet!ands ^~ ^*~' ..... : ...... :,~.:- T~--~,*~ :--~:~,a:~*:^-- Southold Town Meeting Agenda - August 28, 2012 Page 26 (3) The deposit or discharge of material on any area that results in the transport of said materials into wetlands or e. thcrvA~c in any area within Trustee jurisdiction; or (4) 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 e. thcrvAsc in any area within Trustee jurisdiction; or (5) Removing or otherwise affecting the growth of plants in wetlands or e. tkcrvAsc in any area within Trustee jurisdiction. ORDINARY AND USUAL MAINTENANCE -- Actions on a wetlands permitted, functional structure which do not involve more than 75% of the entire structure which are required to preserve in a condition or state of equivalent quality to that which was approved or required by permit. PIER -- A fixed structure to secure vessels, unloading or loading persons or property or providing access to the water.~ ~ ....... .**~.~.~c" PIER LINE -- The average seaward projection of one or more existing permitted docks, piers, or SEASONAL STRUCTURES--- Structures that may not be installed prior to April 1 of each calendar year and must be removed by December 1 of each calendar year. SILT BOOM -- A structure deployed within the water column that is designed to prevent passage of suspended sediments and contaminants from spreading from the immediate project SOUND -- Includes the following: Long Island Sound, Fishers Island Sound and Block Island Sound. SWIM PLATFORM Any structure, raft or floating platform, that is not intended to be used to secure a boat or vessel, which is designed to float upon the surface of a water body and is secured in place by poles, pilings, anchors, or any other type of mooring system that provides access to the water. A swim platform includes the platform itself and any pilings or mooring system designed to keep the platform at a fixed point. TOWN WATERS -- All the waters within the boundaries of the Town of Southold lying over patent lands. ~ ~ ~c.~:.:^~ x WETLANDS (TIDAL) (2) All banks, bogs, meadows, flats, and tidal marsh and beaches subject to such tides and upon which grows or may grow some or any of the following: smooth cordgrass (Spartina alterniflora), salt hay grass (Spartina patens), black grass (Juncus gerardii), saltworts (Salicornia Southold Town Meeting Agenda - August 28, 2012 Page 27 spp.), sea lavender (Limoneum spp.), marsh elder (Iva frutescens), groundsel (Baccharis halimfolia), marshmallow (Hibiscus spp.). § 275-3. Findings; purpose; jurisdiction; setbacks. Purpose. It is the intention of this chapter to ensure for the citizens of the Town of Southold the protection, preservation, proper maintenance and use of its wetlands, giving due consideration to the reasonable economic and social development of the Town. In addition, the Town Board declares that it is the intention of this chapter to regulate the type and placement of fixed and floating piers and docks for the protection, preservation, proper maintenance and use of its waters and wetlands. Therefore, the Town Board declares that the regulation of the wetlands of the Town of Southold is essential to the health, safety and welfare of the people of the Town of Southold. The wetlands shall be regulated in order to maintain and contribute to the following resource area values and the attributes and functions they possess: protection of public and private water supply; groundwater; flood control; erosion and sedimentation control; storm damage prevention; water pollution control; fisheries; shellfish, including spawner sanctuaries; wildlife habitat; agriculture; aquaculture; aesthetics; public access and recreation. In addition, the following resource area values shall be maintained and protected: prevention of flood damage by limiting of development in flood hazard areas; prevention of damage to structures and natural resources as a result of erosion; improvement of water quality; protection and enhancement of existing vegetation cover in order to maintain water quality and wildlife habitat: protection of wildlife, waterfowl, and plant habitat and the maintenance of existing populations and species diversity; prevention of loss or degradation of critical wildlife and plant habitat; prevention of new stormwater runoff discharge and the improvement of existing stormwater runoff discharges; protection of coastal ecosystems which support the continued viability of harvestable shellfish and finfish habitat; public access to water and land; improvement of groundwater recharge; and the minimization of the impact of new development, restoration and/or expansion on the resource area values listed above. The provisions of this Chapter are not intended to supercede the requirements of Chapter 236 of the Town Code. Jurisdiction: The following areas are subject to protection under Chapter 275 of the Code of Southold. (1) 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; Southold Town Meeting Agenda - August 28, 2012 Page 28 (5) Land within 100 feet of the areas listed above; (6) All Town waters. D. 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) 1~1"~'~1;--~ Top ofblufl~ [4] Swimming pool and related structures: tOO 50 feet. § 275-4. Exceptions. A. 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 agriculture and ~^.,;~,,1. .... o~r .............horticultural operation landward of the wetland boundary. (5) The ordinary and usual maintenance or repair on a permitted structure (of the same dimensions) of a functional building, dock, pier, wharf, jetty, groin, dike, am or o er water-contro ev ce or structure, mr v:..: ...................... (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. within (t0) 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, de, rmcr~ and_~iding e,n (11) The relocation of an existing septic system from within Trustee jurisdiction to outside Trustee jurisdiction. (t 2) Flagpoles specifically used for that purpose, with a base not greater than 4 feet by 4 feet. Southold Town Meeting Agenda - August 28, 2012 Page 29 (13) Operations landward of a public road whereby the public road is located between the waterbod¥ that is the source of Trustee iurisdiction and the operations. (11)(14) Notwithstanding the above listed exceptions, operations within a designated nondisturbance buffer are prohibited. § 275-5 Permit procedures. B. 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 §275 SH for dctai!a ofappre, va!. (2) The following operations will be considered for administrative review, in accordance with the standards set forth in §275-11: (d) Remodeling or renovation ar rc:anatr~a:tie, 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. .................. , ......... , ........... ,. ~v ........... apgra :rig ...........s 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. C0(h) Cutting of common reed (Phragmites australis) to within 12 inches of the soil surf:ace landward of the wetland boundary. This does not include mowing to ground level. Southold Town Meeting Agenda - August 28, 2012 Page 30 The construction of a permitted bulkhead as per §275-11, which is to replace an existing functional bulkhead, subject to the following: Minor changes to existing, valid Trustee permits. The Trustees reserve the right to determine whether the changes qualify for administrative review. (4)(k) Minor restoration or alterations of landscaping. ~m)(1) Decks. Minor alterations to existing permitted shoreline structures including stairs, bulkheads and docks. Dredging work necessitated by the accumulation of silt from runoff or other circumstances not the result of activity by or on behalf of the owner of the property. An application for proposed aquaculture activity that includes surPace mounting gear in an area greater than five square yards. Deer fences if located a minimum of 25 feet landward of the wetland boundary line or bulkhead line, whichever designated line is most landward. Under no circumstances are deer fences permitted in a non- disturbance area. (3) Any such activities sba!! ma,/require the addition of a nonturf buffer area net tc cx~cc~ 20 ~ct wi~c as defined in §275-2. § 275-6. Application. Contents of application. A permit may be issued upon the written, verified application of the person proposing to perform operations on wetlands. Three copies of the complete application, including all written descriptions, pictures and surveys, shall be submitted to the C!cr!: 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. Southold Town Meeting Agenda - August 28, 2012 Page 31 (8) Such application shall be accompanied by a survey and topographical map, created no more than e, nc year five years prior to the date of application, with contours at two-foot intervals, showing all wetlands within a two-hundred-foot radius of the area from which the removal or in which the deposit of materials is proposed, or in which structures are to be erected, certified by a registered land surveyor or registered professional engineer, licensed by the State of New York. Such survey and topographical map shall show the soundings of the area in which operations are proposed to be conducted. The horizontal control of said survey shall be based on an approved local coordinate system. The vertical control for elevations shall be based on the United States Coast and Geodetic Survey datum. (14) i d ^' '~ a: .....~:^- ^c,~ d dditi th i Dra nage upgra e .......................... Ee, ar , In a on to e requ rements of Chapter 236, 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. Waiver of certain requirements. The Trustees, upon request of the applicant for a permit, may waive, in whole or in part, the provisions of Article II, § 275-6A(8), (11), (14) or § 275-1 lA(2) where it finds that the nature of the proposed operations is such that the requirements of such provisions are not necessary for a proper consideration of a permit application. The resolution providing for the waiver shall clearly indicate why the waiver was granted. Notwithstanding the foregoing, a waiver of the requirements of ~275- 6(A)(14) shall not relieve the applicant of the obligations to comply with the requirements of Chapter 236. § 275-7. Fees. Every non-administrative application for a Tr~aatcca wetlands permit filed with the C!cr!: Office of the Trustees shall be accompanied by a filing fee of $250 which includes the first site visit, no portion of which shall be refundable. The fee for an administrative permit shall be $50. $100. For atn:~tarca activities or operations 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 ~,~ ..... ca ........... ......... fa, vt fa, ..... : d~.~t~,!~- :~ and ce, mmcrcia~ ,~e,c~:a 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. Southold Town Meeting Agenda - August 28, 2012 Page 32 § 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 ma,/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 subiect of the site visit. Investigation and coordination. Upon receipt of the application, the C!cr!: Office of the Trustees shall maintain the original in the file and forward one copy thereof to each of the following as necessar,/: the Conservation Advisory Council, LWRP Coordinator, Stormwater Management Officer, when~,v~**~,:~ ......... v**~ ~ t~ the Planning Department, and ~nc c~py t~ the Zoning Board, and ~nc c~py t~ Sc ~q!cd with thc ~fficc cf thc Tn::tcc:. The Conservation Advisory Council shall review said application and the effect, if any, on the wetlands and tidal waters of the Town that may result from the proposed operations and shall, within 20 days of receipt of the same, forward its written report of findings and recommendations with respect to such application to the Trustees. If the Conservation Advisory Council shall recommend that such application be disapproved, the reasons for such disapproval shall be set forth in such report. If no response is received within 20 days,, .... wv .................. j ........................... Advi:cry Ccunci! review, the review b,/the Conservation Advisor,/Council shall be deemed waived. Administrative permits. An administrative permit includes operations that are deemed to have no adverse environmental impact, and a public hearing and notice are not required § 275-10. Contents of permit. ~.C~ The conditions imposed by the Trustees on the issuance of the permit. The specific location of the areas to be affected by the operations of the permittee. A statement that "The validity of this permit is or may be subject to the approval of other governmental or municipal authorities. The Town accepts no responsibility in applying for or obtaining such approval. In the event that such approval is necessary, the holder of this permit shall not commence operations hereunder until such approval has been obtained in writing. The 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 Southold Town Meeting Agenda - August 28, 2012 Page 33 notice from such other governmental or municipal authorities of its refusal or disapproval." Acceptance of the permit is acceptance of this condition. A statement that "The permittee does, by the acceptance of this permit, assume all responsibility for operations undertaken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and property resulting from such operations. By such acceptance, the permittee also agrees to indemnify and save harmless the Town and its officers, agents and employees from any and all claims arising from operations under this permit and any and all acts or omissions of the applicant, his agents and employees." Acceptance of the permit is acceptance of this condition. A statement that "The permittee and the owner and occupants of the premises upon which the operations authorized by this permit are being conducted do, by the acceptance of this permit, give consent to the Town and its officers, employees and agents to enter upon the premises where such operations are being conducted to make such inspections to determine whether said operations are being conducted in conformity with the permit and, if necessary, to conduct said operations according to the performance guarantee (§275-9E). A statement that "The permittee is required to notify the Trustees in writing one week prior to initiation of any and all operations." A statement that "The permittee is required to notify the Trustees in writing upon completion of operations such that the site can be inspected for issuance of a certificate of compliance (§ 275-13)." A statement that "The permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within 90 calendar days of issuance of this permit." A statement that "The permittee is required to conspicuously post the permit and have the supporting Trustees' stamped plans available for immediate inspection at the work site at the commencement of work until which time the project is completed. § 275-11. Construction and operation standards. General. The following standards are required for all operations within the jurisdiction of the Trustees: (1) Drainage upgrade. Applicants for a permit for any form of construction may be required to upgrade the site's drainage system such that all surf:ace water generated from impervious surf:aces shall be kept onsite through infiltration or Southold Town Meeting Agenda - August 28, 2012 Page 34 retention. Applicants proposing grading or filling operations will be required to submit a drainage plan for the entire site at the discretion of the Trustees and must, in any event, comply with the requirements of Chapter 236. See also §275- 6A(14) for requirements. (3) New and remodeled homes. New and remodeled homes cannot be situated or modified such that they project closer to the wetland boundary than the mean seaward projection of homes in the general vicinity and he, mos on either side of the subject lot. (4) Fences. (a) Trustees reserve the right to permit erection of a split-rail fence where the applicant has shown that there is a need to protect his/her private property. (b) Temporary or seasonal snow fences, at the Trustees' discretion, may be permitted upon a showing of need for erosion control, c,, ~ (c) Fences on a beach shall be perpendicular to the waterline and not closer than 44 20 feet to ....... the apparent high water mark. (d) Only one posted sign per 100 linear feet offence is allowed on a split-rail fence. Posted signs shall be no larger than 12 inches by 12 inches square. Any fence, barricade or impediment to pedestrian traffic on the beach or wetland area in violation of the provisions of this chapter shall be removed upon written notice to the owner of the premises upon which such fence, barricade or impediment is located sent by certified or registered mail. Such fence, barricade or impediment shall be removed by the owner within 30 days of the date of the notice. Upon failure to comply with such notice, the Building Inspector, the Office of Code Enforcement, Cc,~c ~..~v.~-c ....... ~-~-~* r~mw~.~ or Bay Constable may remove or cause the removal of the illegal structure. (_e) If any fence, barricade or impediment is determined by the Building Inspector, the Office of Code Enforcement,Cc,~c Enfc, rccmcrX ©ffleer 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 Southold Town Meeting Agenda - August 28, 2012 Page 35 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. (b) Platforms ma,/not exceed 200 square feet and must be landward of the top of bluff~ Shoreline structures. (1) Bulkheads, retaining walls, revetments and gabions. (c) Bulkheads on the Sound mast ma,/be armored with stone. (d) All bulkhead construction and renovation work requires the establishment of a permanent nonturf buffer as defined by §275-2. (e) Retaining walls are not permitted unless excessive erosion can be demonstrated. 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. (g) The use of tropical hardwoods is not permitted unless it is certified by the Forest Stewardship Council or similar organization. Southold Town Meeting Agenda - August 28, 2012 Page 36 (h) (m)(1) In water. (1) (2) New bulkheads in creeks and bays are prohibited, unless the operation involves construction of a low-sill bulkhead. No discharge pipes are allowed out of or over bulkheads unless permitted by the Trustees. Individual residential stairs are prohibited on blufl~ in the Coastal Erosion Hazard Area if the property is part of an association that maintains a common stairway within a reasonable distance. 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. 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. 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, an thc ap!and on the landward end of the iett¥ or groin as necessary, not less than five four feet in width, to enable persons to pass and repass over said structure by steps or a ramp allowing pedestrian passage. Docks. [61 All docks and floats shall have the street address of the subiect premises ....... :~* ..... :* .... ~'~" permanently affixed to the most seaward face for identification. Said namScra address shall be at least three inches high and constructed of metal, wood, plastic or other material such that they can withstand exposure to the elements and are visible from the water. [7] Except for structures used for water-dependent uses, there shall be no permanent structure located on or above the docks, ramps and floats. Southold Town Meeting Agenda - August 28, 2012 Page 37 [8] Any application for a dock to be constructed at the end of a right-of-way or commonly held land requires the written consent of all parties having an interest in the right-of-way, regardless of how property interests in the upland parcel may be divided among the owner(s), lessee(s), occupant(s), easement holder(s), or any other person(s) or entity(ies) with a legal or beneficial interest in any existing or proposed docking facility. [9] All applicants for docks, including catwalks and ramps, extending across the foreshore shall be required to give and maintain a public passing way th 1 d d d fth d k --~' l~c,c, ~.1~-- ~'~,,~ C~~. :-- i~"l~!~ to enable persons to pass and repass around said dock or by steps or a ramp allowing pedestrian passage. [10] Preexisting nonpermitted and/or nonconforming structures cannot be replaced in kind without full review and approval by the Trustees. [11] Personal watercraft or "jet ski" floats cannot be added to any float, stairway, or dock without a Trustee permit. Floats may not cumulatively exceed 120 square feet. [12] Lighting: Any and all lights associated with docks, floats or poles must be directed on the subject structure and not out into the adjacent wetland, waterway or property. Lights shall not be on unless the dock is in active use. [13] 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 an existing permitted dock requires obtaining a permit amendment from the Trustees. (b) Dock locations and lengths. [3][d] No floating docks, floats, dock components, due!: blinds or boats shall be stored on tidal wetlands, other intertidal areas or freshwater wetlands between April 1 and December 1 of each calendar year. No duck blinds may be stored on tidal wetlands, other intertidal areas or freshwater wetlands at any time. § 275-14. Transferability. A vahd Trustees permit ....... v ............... may be transferred to another applicant by approval of the Trustees upon a determination of the Trustees that the structure in its current state conforms to the terms and conditions of the permit as issued, c~" -^* ~'~ * ..... c~--~ ....... :~-~ -':~vv.~^"~ ~.~ v~: ^~ appreva! and review ~ .............. The fee for transfemng said permit shall be $50. Southold Town Meeting Agenda - August 28, 2012 Page 38 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 669 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ctn'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-670 CATEGORY: DEPARTMENT: Legislation Town Attorney LL/Arnendments to 275 to SCPC & PB RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to forward the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 275, Wetlands and Shoreline," to the Suffolk County Plannin~ Commission and the Southold Town Plannin~ Board for their review and recommendation. Vote Record Resolution RES 2012 670 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland [] [] [] [] [] Defeated [] Tabled Ct~'istopher Talbot [] [] [] [] [] Withch-awn Jill Doherty [] [] [] [] [] Supe~wisor's Appt Albert Krupski Jr. [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans [] [] [] [] Southold Town Meeting Agenda - August 28, 2012 Page 39 [] Town Clerk's Appt Scott Russell [] Supt Hgwys Appt [] No Action 2012-671 CATEGORY: DEPARTMENT: Trailer Permit Town Clerk Weiss Trailer Permit RESOLVED that the Town Board of the Town of Southold hereby grants approval of the trailer permit application of Stephen and Marie Weiss, Cutchogue, New York, for a period of six (6) months from date of issuance, to locate a trailer/motor home on the property at 195 Bay Road, Cutchogue, SCTM #1000-116-2-12 to be used as a temporary housing while a second story is added to the residence. Vote Record Resolution RES 2012 671 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] WithO'awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-672 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute &e Agreement Between &e Town of Sou&old and Robert Grigonia' RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and Robert Grigonis in connection with removing a portion of the topsoil from the property known as SCTM #1000-55-1-5.1, subject to the approval of the Town Attorney. ~VoteRecord Resolution RES 2012 672 [] Adopted [] Adopted as Amended Southold Town Meeting Agenda - August 28, 2012 Page 40 [] Defeated William Ruland Ctn'istopher Talbot [] Supe~wisor's Appt Jill Doherty [] Tax Receiver's Appt Albert Krupski Jr. [] Rescinded Louisa P. Evans [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] No Action 2012-673 CATEGORY: DEPARTMENT: Public Service Town Attorney Waives the Application Fee Associated with the Resubmission of the Application for Resubdivision of Stanley J. Droskoski and Patricia A. Sepenoski RESOLVED that the Town Board of the Town of Southold hereby waives the application fee associated with the resubmission of the Application for Resubdivision of Stanley J. Droskosld and Patricia A. Sepenosld. Vote Record Resolution RES 2012 673' [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 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 Meeting Agenda - August 28, 2012 Page 41 Elizabeth A. Neville Southold Town Clerk VI. PUBLIC HEARINGS