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Home My WebLink AboutAG-09/25/2012ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631 ) 765 - 1800 www. southoldt own.northfork.net Final AGENDA SOUTHOLD TOWN BOARD September 25, 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 September 25, 2012 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrived Councilman William Ruland [] [] [] Councilman Christopher Talbot [] [] [] Councilwoman Jill Doherty [] [] [] Councilman Albert Krupski Jr. [] [] [] Justice Louisa P. Evans [] [] [] Southold Town Meeting Agenda - September 25, 2012 Page 2 [ Supervisor Scott Russell [] [] [] I I. REPORTS 1. Department of Public Works August 2012 2. Planning Board August 2012 3. Recreation August 2012 4. Town Clerk Monthly Report August 2012 5. Board of Town Trustees August 2012 6. Judge Evans August 2012 7. Judge Price August 2012 8. Island Group Employee Health Care Plan August 2012 9. Building Department August 2012 10. Program for the Disabled August 2012 II. PUBLIC NOTICES 1. NYSDEC Notice of Complete Application Bramsan Property 2. Army Corps of Engineers: Notice of Application 19-64 Realty Carp to replace a section affixed catwalk, ramp and float secured by 2 pilings. Darby's Barnk/Mattituck Creek. Comments due by Oct. 1 IlL COMMUNICATIONS Southold Town Meeting Agenda - September 25, 2012 Page 3 IV. DISCUSSION 1. 9:00 A.M. - Melissa Spiro Review of Potential Sanitary Flow Credit Transfer from Recent Open Space Acquisition 2. 9:15 A.M. - Jim McMahon, Michael Collins, Laura Klahre Manor Grove Demolition RFP 3. 9:30 A.M. - Vincent Orlando, Chairman of the Parks, Beaches & Recreation Committee Update on Funding for the ADA Playground 4. 9:45 A.M. - Jeff Standish, Tim Abrams of the Renewable & Alternative Energy Committee Streetlight RFP and LIPA Rebates for Interior Lighting 5. Designate Representative to the Peconlc Bay Region Community Preservation Fund Advisory Opinions Bureau 6. Goldsmith Inlet Retaining Wall Budget Modification 7. Discussion: Waste to Electric Facility 8. LL/Amendments to Chapter 275 Wetlands & Shoreline (Public Hearing this evening) 9. Executive Session - Labor Matters involving employment of particular person(s) 10. Executive Session - Litigation Hui Hui Yu, et al. v. Town of Southold, et al. [~Nocro, Ltd. and The Heritage at Cutchogue, LLC v. Town of Southold, et al. [~Town of Southold v. Go Green Sanitation Inc., et al. SPECIAL PRESENTATION Jacob Bogden, Seasonal Police Officer V. RESOLUTIONS 2012-702 CA TEGORY: Audit DEPARTMENT: Town Clerk Southold Town Meeting Agenda - September 25, 2012 Page 4 Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated .eptember 25, 2012. ff X)ote Record Re~olution RES 2012 702 [] 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 2012-703 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set Next Meeting 10/9/12 4.'30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held~ Tuesday~ October 9~ 2012 at the Southold Town Hall~ Southold~ New York at 4:30 P. M.. Vote Re'card Resolution RES 2012 703 [] 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 2012-700 Tabled 9/11/2012 4:30 PM CA TEGORY: Enact Local Law DEPARTMENT: Town Clerk Southold Town Meeting Agenda - September 25, 2012 Page 5 Enact LL Chapter 117 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, onthe 14th day of August 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 117, Development Rights, Transfer of, in connection with Sanitary Flow Credits" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 117, Development Rights, Transfer of, in connection with Sanitary Flow Credits" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 117, Development Rights, Transfer of, in connection with Sanitary Flow Credits". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 117 of the Code of the Town of Southold is hereby amended as follows: §117-1. Pt:fpo, sc and L-.'.cr.'. Title. This chapter shall be known as the "Transfer of Sanitary Flow Credits" §117-1-2. Purpose and intent. As set forth in numerous comprehensive planning documents, the Town's goals include the preservation of open space, agricultural lands and recreational landscapes; preservation of the rural, cultural, and historic character of the hamlets and surrounding countryside; preservation of the natural environment and prevention of further deterioration of resources; preservation and promotion of a broad range of housing and business opportunities to support a socioeconomically diverse community; and increased transportation efficiency. To achieve these goals it is the intent and purpose of this chapter to provide for the transfer of sanitary flow credits, if certain conditions are present, and thereby transfer development potential from areas designated for preservation to areas designated as more appropriate for higher-density residential development. Unless expressly permitted herein, the transfer of ~c¥c!c~pmcr~ pcXcr~ia! ma5' sanitary flow credits shall not occur in the Town of Southold. §117~ 3_. 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 New International Dictionary of the English Language, Southold Town Meeting Agenda - September 25, 2012 Page 6 unabridged (or latest edition). TRANSFER OF DEVELOPMENT RIGHTS SANITARY FLOW CREDITS - The process by which dc;'c!c, pmcra rigPag sanitary flow credits are transferred from one lot, parcel, or area of land in any sending district to another lot, parcel, or area of land in one or more receiving districts. §117-3_4. Dc:'clc, pmcnt P, ig?,a Bank Applicability and ~eneral prohibition. A. Applicability. Any and all sanitary flow credit transfers within the Town of Southold shall be in accordance with this chapter. B. General Prohibitions. 1. If not expressly permitted within this chapter, the transfer of sanitary flow credits is prohibited. 2. All transfers of sanitary flow credits from parcels located outside the Town of Southold boundaries are prohibited. 3. All transfers of sanitary flow credits from or to properties that are not recognized pursuant to .~280-9 of the Town Code or that do not contain sufficient "Buildable Land" area, as defined in §280-4 of the Town Code are prohibited. §117-3_5. Development Rights Bank. The Town hereby establishes a Tranafc~c~ Dc;'c!c, pmcra RigSaa Sanitary Flow Credit Bank (TDR SFC Bank) in which ~c;'c!c, pmcra rigSaa sanitary flow credits may be received, retained and sold by the Town Board in the best interests of the Town. All ~c;'c!c, pmcra rigSaa sanitary flow credits transferred into the bank must first be accepted by Town Board resolution in accordance with the terms of this chapter. All receipts and proceeds from sales of ~c;'c!c, pmcra rigSaa sanitary flow credits sold from the Town bank shall be deposited into a special municipal account known as the "Community Preservation Fund," to be used in a manner specified in Chapter 17 of the Town Code. A. The only development right that may be transferred into and out of the TDR SFC Bank is a sanitary flow credit. B. The lands from which ~c;'c!c, pmcr~ rig~a sanitary flow credits to be transferred into the bank were acquired shall remain preserved in perpetuity by a permanent conservation easement or other instrument that similarly preserves community character as defined and set forth in the definition of "community preservation" in Chapter 17 of the Town Code. The easement or other document shall be in a form approved by the Town Attorney. §1174 6. Sanitary flow credit transfer. The sanitary flow credit transfer will allow the Town to bank sanitary flow credits from preserved land in the TDR SFC Bank, and later sell those credits for use exclusively in connection with affordable housing. The sale price of the credits shall be determined by resolution of the Town Board, and shall consider such factors as the appraised value of the sanitary flow credit and the public benefit provided to the community. All transfers of Sanitary Flow Credits within the Town of Southold par~aar~ to, thi~ chapter must pass through the TDR Southold Town Meeting Agenda - September 25, 2012 Page 7 SFC Bank. A. Designation of sending and receiving districts. (1) The sending district shall be any zoning district in the Town of Southold that is not defined as a receiving district. (2) The receiving district shall be any lands designated Business (B), Hamlet Business (HB), Residential Office (RO), or land designated as Affordable Housing District (AHD) after March 1, 2005. B. Designation of development rights. A development right for the purposes of this chapter, shall be limited to a sanitary flow credit. §117-5 7. Determination of sanitary flow credit to be deposited into TDR SFC Banlc A. Upon receipt of a contract (executed by the seller) for the Town's acquisition of a parcel of property or the development rights thereon, and prior to the public hearing on the purchase, the Land Preservation Coordinator shall provide to the Town Board a calculation of the sanitary flow- credits available, subject to survey, for transfer from the parcel of property upon the closing of the contract in accordance with its terms. B. Following the closing on the parcel, sanitary flow- credits shall be placed into the Town TDR SFC Bank by resolution of the Town Board, which resolution shall set forth the number of sanitary flow- credits and the source of the credits. The Town Clerk shall maintain a log detailing the credits transferred into the bank, as provided by the Land Preservation Coordinator in a form approved by the Town Board. C. The Town Clerk shall forward the resolution to the Tax Assessor's office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town database and GIS system. §1174_8. Irreversible transfer. No,~a ~,.~1, ~.vv...~..,' .~,o ": ~'~ sanitary flow credits shall be transferred back to the sending parcel once the development rights have been transferred. No ....... v ......... ~,o samtar¥ flow credits may be transferred out of a parcel which has previously had all of its development rights extinguished under the Town of Southold, Suffolk County or New York State acquisition of development rights program or other easement, transfer, restrictive covenant or otherwise. §117-7- 9. Procedure for transfer of dc~'clc, pmcr. t r~g.¥, sanitary flow credit from the TDR SFC Bank to receiving district. Upon application of the owner of an individual parcel in a receiving district, the Town Board may permit the transfer ofa ~cvc!c~pmcrX rig~X sanitary flow credit to such parcel by proceeding in the manner set forth below: A. Notice to adjacent property owners shall be given by the applicant in the same manner as set forth in § 280-159 relating to change of zone applications. B. The Town Board, before publishing notice for a public hearing, shall comply with all State Environmental Quality Review Act (SEQRA) requirements, and costs associated with review shall be paid by the applicant. C. The Town Board, before publishing notice for a public hearing, shall, in a written request, instruct the Town Planning Board and the Building Inspector to prepare an official report regarding the proposed transfer, including the Planning Board recommendations. The Southold Town Meeting Agenda - September 25, 2012 Page 8 Building Inspector report shall certify the use in the zone proposed and comment on the proposed project. The Planning Board report and recommendations shall consider the factors set forth in § 117-7E below. The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed transfer and cause at least 10 days' notice of such hearing to be published in the official newspaper. Before the transfer of ~cvc,cpmcm riga~ sanitary flow credits may be authorized to any receiving district, the Town Board shall determine, after evaluating the effects of potential increased development which is possible under the transfer of development rights provisions, that the district contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection, and that there will be no significant environmentally damaging consequences, and that such increased development is compatible with comprehensive planning and the development otherwise permitted by the Town and by the federal, state and county agencies having jurisdiction to approve permissible development within the district. ............. , ................ , ...... : .... Sanitar ow credits shall not be transferred out of the school, special assessment or tax districts unless the Town Board determines that there is no other available lot within said district to which a sanitary flow credit ma,/ reasonably be transferred and that the transfer does not unreasonably transfer the tax burden between the taxpayers of such districts. Following the public hearing, the Town Board may by resolution authorize the transfer of sanitary flow credits. The resolution shall state that the applicant shall receive a sanitary flow credit certificate, which shall not be signed by the Supervisor and released by the Town Clerk to the applicant until the covenants and restrictions as set forth at § 117-9 have been filed and such filing has been approved by the Town Attorney. §117~ 10. Sanitary flow credit certificate. A. An applicant must obtain and present a sanitary flow credit certificate to the Building Department prior to receiving a building permit. B. The sanitary flow credit certificate shall state the specific use for the transferred credit and may be used only for construction of the project listed on the certificate. C. The Town Clerk shall maintain a log detailing the sanitary flow credit certificates that have been issued by the Town Board, and such log shall contain the source and location of the transferred credit. D. The Town Clerk shall provide notice of the issuance of a sanitary flow credit certificate to the Town Attorney, Tax Assessors Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department. §117-911. Covenants and restrictions. A. Following the Town Board resolution granting a transfer of a sanitary flow credit to a recipient pursuant to the procedures set forth in this chapter, the applicant shall file in the office of the Suffolk County Clerk covenants and restrictions in a form approved by the Town Attorney. The covenants and restrictions shall contain terms and conditions as the Town Board and the Planning Board deem necessary to ensure that the dwelling unit Southold Town Meeting Agenda - September 25, 2012 Page 9 created by the transferred credit remains affordable in perpetuity, and shall be leased or sold only to eligible individuals registered with the Town of Southold Housing Registry. The sale and/or lease of the dwelling unit that has been constructed with the transferred credit shall be administered through the Town of Southold pursuant to the provisions of Chapter 34, Housing Fund, and §§ 280-24 through 280-33 (AHD), and the sale and/or lease price shall be set by resolution of the Town Board. A copy of the filed covenants and restrictions must be filed with the Town Clerk within 30 days of the approving resolution. No sanitary flow credit certificate shall be issued until the covenants and restrictions have been filed and such filing has been approved by the Town Attorney. The Town Clerk shall forward the covenants and restrictions to the Town Attorney, Tax Assessor's Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town database. §117 10 12. Revocation. Failure to comply with any of the requirements set forth in this chapter may result in revocation of the transferred sanitary flow credit. A sanitary flow credit may be revoked by Town Board resolution, following a public hearing, after 10 days' written notice of the hearing, by personal service or certified mail, has been given to the property owner. §117 11 1._~3. Expiration. Any sanitary flow credit transferred to a recipient for construction of a dwelling unit shall expire and be returned to the bank one year after transfer if the dwelling unit has not been issued a certificate of occupancy, unless an extension of time has been requested by the property owner and granted by the Town Board. A request for an extension of time shall be made one month in advance of the expiration. A sanitary flow credit shall be returned to the bank by resolution of the Town Board, and notice thereof shall be given by the Town Clerk to those Town departments referenced in § 117-8D. §117 12__14. Return of credit. In the B, HB or RO Zoning District, a property owner may apply to the Town Board to return the transferred sanitary flow credit to the bank and extinguish the affordable housing covenants and restrictions applicable to the property. The Town Board shall hold a public hearing on the application, and notice shall be given in accordance with Chapter 55, Notice of Public Hearings. A sanitary flow credit shall be returned to the bank by resolution of the Town Board, and notice thereof shall be given by the Town Clerk to those Town departments referenced in § 117-8D. II. SEYERABILITY. 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 chapter shall take effect immediately upon filing with the Secretary of State as provided by law. Southold Town Meeting Agenda - September 25, 2012 Page 10 Vote Record Resolution RES 2012 700 [] 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 2012-704 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Police Department-D.A.R.E. Recertification for PO Brewer RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to Police Officer William Brewer to attend the D.A.R.E. recertification course on Monday~ October 15~ 2012 in Valhalla~ New York. The expense for registration to be a legal charge to the 2012 Juvenile Aid Budget line A. 3157.4.600.200. Vote Record Resolution RES 2012 704 [] Adopted [] Adopted as Panended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-705 CATEGORY: DEPARTMENT: Employment - Town Accounting Appoint Rose ~ Aguiar Public Safety Dispatcher I Southold Town Meeting Agenda - September 25, 2012 Page 11 RESOLVED that the Town Board of the Town of Southold hereby appoints Rose M. A~uiar to the position of a Public Safety Dispatcher I for the Southold Town Police Department, effective September 27, 2012, at a rate of $48,731.54 annually Vote Record Resolution RES 2012 705 [] 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 2012-706 CATEGORY: DEPARTMENT: Budget Modification Engineering Capital Budget Mod - Engmeening Computer Workstation Fiscal Impact: To purchase Computer Workstation Monitors for the Engineering Oj~ce RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 budget as follows: From: A. 1440.2.200.300 A. 9901.9.000.100 Equipment, Office Equipment Total Transfer to Capitol Fund Total Capital Fund H.5031.35 Interfund Transfers Total Increase Appropriation: H. 1680.2.600.100 PC Workstation & Printers Total $ 3OO $ 300 $ 300 $ 300 $ 300 $ 300 $ 300 $ 300 ~VoteRecord Resolution RES 2012 706 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent William Ruland [] [] [] [] Southold Town Meeting Agenda - September 25, 2012 Page 12 [] Tabled Ctn'istopher Talbot [] Withch-awn Jill Doherty [] Supe~wisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. [] Rescinded Louisa P. Evans [] Town Clerk's Appt Scott Russell [] Supt Hgwys Appt [] No Action 2012-707 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the Mattituck Lions Club to Hold Its .4 nnual Halloween Parade in Mattituck, on Monday, October 31, 2012 RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to the Mattituck Lions Club to use the followin~ roads for its Annual Halloween Parade in Mattituclh on Mondav~ October 3L 2012 beginning at 6:00 PM: beginning at the Firehouse, west on Pike Street, South on Westphalia Road, east on Old Sound Avenue, north on Love Lane, east on Pike Street to Mattituck High School, provided they closely adhere to the following five (5) conditions: 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 temporary non-permanent road markings or signs for the event must be removed within twenty-four (24) hours of the completion of the event. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees for this event shall be waived. Vote Record Resolution RES 2012 707 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland [] [] [] [] [] Defeated [] Tabled Ct~'istopher Talbot [] [] [] [] [] Withch-awn Jill Doherty [] [] [] [] [] Supe~wisor's Appt Albert Krupski Jr. [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans [] [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell [] [] [] [] Southold Town Meeting Agenda - September 25, 2012 Page 13 [] Supt Hgwys Appt [] No Action 2012-708 CATEGORY: DEPARTMENT: Budget Modification Accounting Budget Modification for Water Quality Testing Fiscal Impact: To move the appropriation for Water QualityTesting from the Engineers budget to the Trustees budget for Shellfish Advisory committee use RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General Fund Whole Town budget as follows: From: A. 1440.4.500.200 To: A. 8090.4.100.650 Engineer, MSS Water Quality Testing $5,000 Total $5,000 Trustees, Shellfish Advisory Committee $5,000 Total $5,000 Vote Record Resolution RES 2012 708 [] 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 2012-709 CATEGORY: DEPARTMENT: Committee Resignation Town Clerk Resignation of Melvin Phaff from Hist. Pres. Corem Southold Town Meeting Agenda - September 25, 2012 Page 14 RESOLVED the Town Board of the Town of Southold hereby accepts, with regret, the resignation of Melvin Phaff from the Historic Preservation Commission effective immediately, and be it further RESOLVED the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for resumes to fill the vacancy created by the resignation Vote Record Resolution RES 2012 709 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled ~ [] Withch-awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded ~ Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-710 CATEGORY: DEPARTMENT: Surplus Equip - Non Usable Police Dept Asset#3167, Unusable Equit~ment WHEREAS the Town Board of the Town of Southold declared the following vehicle as surplus, 2004 Ford Crown Victoria VIN # 2FAHP71W14X164588 Asset #3167 and WHEREAS the Town Clerk advertised for bids for said surplus and received none, now therefor be it RESOLVED that Asset #3167 is to be declared as unusable surplus equipment and disposed of. Vote Record Resolution RES 2012 710 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended ~-- [] Defeated William Ruland [] [] [] [] [] Tabled CN'istopher Talbot [] [] [] [] [] Withch-awn Jill Doherty [] [] [] [] [] Supeiwisor'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 - September 25, 2012 Page 15 2012-711 CATEGORY: DEPARTMENT: Budget Modification Public Works DPW Budget Mod. - Equipment Maintenance Fiscal Impact: Tran6fer funds to cover shor(fall in Equipment Maintenance & Repair Budget RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Buildings & Grounds Whole Town budget as follows: From: A. 1620.4.400.300 To: A. 1620.4.400.600 Dredging Goldsmith Inlet $3,500 Equipment Maint & Repairs $3,500 Vote Record Resolution RES 2012 711 [] 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 2012-712 CATEGORY: DEPARTMENT: Budget Modification Town Attomey TA Budget Modification Fiscal Impact: covering expenses associated m connection with legal books and legal research as it relates to a new Westlaw Agreement, including additional publications and continuing legal education services. We recently created one line item for both legal books and legal research and, therefore, need to transfer monies from our Dues and Subscriptions line item to cover our Westlaw bills through the end of this year. Southold Town Meeting Agenda - September 25, 2012 Page 16 RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2012 Town Attorney budget as follows: From: A. 1420.4.600.600 A. 1420.4.600.200 A. 1420.4.100.100 A. 1420.4.600.300 A. 1420.4.400.600 Town Attorney, Dues & Subscriptions $2,200.00 Town Attorney, Meetings & Seminars $1,100.00 Town Attorney, Supplies & Materials $600.00 Town Attorney, Travel Reimbursement $500.00 Town Attorney, Equip Maint & Repairs $300.00 TOTAL: $4,700.00 To: A. 1420.4.100.200 Town Attorney, Books/Research Materials $4,700.00 Vote Record Resolution RES 2012 712 [] 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 2012-713 CATEGORY: DEPARTMENT: Budget Modification Information Technology Information Technologies Budget Modif ication Required for the New Website. Fiscal Impact: Inter-department budget modification. The completion of the Town's new website required additional funding. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General Fund budget as follows: From: A. 1680.4.100.200 To: A. 1680.4.400.275 PC Parts and Supplies $1500.00 Website Consultant $1500.00 ~VoteRecord Resolution RES 2012 713 [] Adopted Southold Town Meeting Agenda - September 25, 2012 Page 17 [] Adopted as Amended William Ruland [] Defeated Ctn'istopher Talbot [] Tabled [] WithO'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 [] No Action 2012-714 CATEGORY: DEPARTMENT: Attend Seminar Information Technology Emergency Management Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to Lloyd Reisenberg to attend a seminar on being a Public Information Officer in Yaphank,NY, on October 11, 2012. All expenses for registration, travel to be a legal charge to the 2012 budget (meetings and seminars). Vote Re~ord Resolution RES 2012 714 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] WithO'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 2012-715 CATEGORY: DEPARTMENT: Authorize Payment Planning Board Refund Consulting Fees Southold Town Meeting Agenda - September 25, 2012 Page 18 Resolved, that unused consulting fees paid to the Town in connection with the wireless consulting review ofT-Mobile at LIPA, Greenport, SCTM#1000-45-1-14.1, totaling $6,550.00 be refunded to the applicant, T-Mobile NE, LLC. v'VoteRecord ResolutionRES 2012 715 [] 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 2012-716 CATEGORY: DEPARTMENT: Budget Modification Information Technology Information Technologies Budget Modification for lBM Hardware Maintenance. Fiscal Impact: Have to move funds to pay for an unexpected increase m the yearly IBM server maintenance. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General Fund, Information Technologies budget as follows: From: A. 1680.4.400.559 A/S 400 Software Maintenance $1300.00 A. 1680.4.100.554 Tapes and Diskettes $800.00 To: A. 1680.4.400.350 Server Maintenance $2100.00 Vote Record Resolution RES 2012 716 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended [] Defeated William Ruland [] [] [] [] [] Tabled Ct~'istopher Talbot [] [] [] [] [] With&awn Jill Doherty [] [] [] [] [] Supe~wisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hg~vys Appt [] No Action Southold Town Meeting Agenda - September 25, 2012 Page 19 2012-717 CATEGORY: DEPARTMENT: Budget Modification Planning Board 2012 Budget Modification - Planning Board Fiscal Impact: The Planning Department requires a dedicated mobile computer to facilitate its frequent public meetings, work sessions, meetings with applicants and Comprehensive Plan meetings. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General Fund Planning Board budget as follows: From: B 8020.1.100.300 Vacation Earnings 1,200.00 To: B 8020.2.200.400 Computer 1,200.00 Vote Record Resolution RES 2012 717 [] 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 2012-718 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute an Agreement Between the Town of Southold and the Suffolk County Office of Community Development RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an A~reement between the Town of Southold and the Suffolk County Office of Community Development, in connection with the 2012 Community Development Block Grant Program in the amount of $86,039.35, fully funded by the Southold Town Meeting Agenda - September 25, 2012 Page 20 Department of Housing and Urban Development (HUD), subject to the approval of the Town Attorney. Vote Record Resolution RES 2012 718 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-719 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute &e Lease Agreement Between &e Town of Southold and Suffolk County Office for &e Aging for Acquisition ora 2012 Ford Passenger Bus RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Lease A~reement between the Town of Southold and Suffolk County Office for the A~in~ for acquisition of a 2012 Ford Passenger Bus, Vehicle Identification No. 1FDFE4FS6CDB18851, for a term of five years, subject to the approval of the Town Attorney. Vote Record Resolution RES 2012 719 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-720 Southold Town Meeting Agenda - September 25, 2012 Page 21 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute &e FuelMaster Agreement Between &e Town of Sou&old and Syn-/Ech Systems, Incorporated RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the FuelMaster Agreement between the Town of Southold and Syn-/Ech Systems~ Incorporated~ regarding maintenance and repairs of the Town's Fuel Management System, for a one year term, at a cost not to exceed $5,575.37, subject to the approval of the Town Attorney. Vote Record ResOlution RES 2012 720 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-721 CATEGORY: DEPARTMENT: Attend Seminar Town Attorney Grants Permission to Assistant Town Attorney, Lori ~ Hulse, to Attend the Seminar Entitled "The 24Th Annual Leon D. Lazer Supreme Court Review" at the Touro Law Center in Central Ia'lip, New Fork, on October 26, 2012 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Assistant Town Attorne¥~ Lori M. Hulse~ to attend the seminar entitled "The 24th Annual Leon D. Lazer Supreme Court Review" at the Touro Law Center in Central Islip~ New York on October 26~ 2012. All expenses for registration and travel are to be a charge to the 2012 Town Attorney budget. Vote Record Resolution RES 2012 721 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland [] [] [] [] [] Defeated [] Tabled CN'istopher Talbot [] [] [] [] [] Withch-awn Jill Doherty [] [] [] [] [] Supeiwisor's Appt Albert Krupski Jr. [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans [] [] [] [] Southold Town Meeting Agenda - September 25, 2012 Page 22 [] Town Clerk's Appt Scott Russell [] Supt Hgwys Appt [] No Action 2012-722 CATEGORY: DEPARTMENT: Budget Modification Police Dept Police Department-Budget Mod Fiscal Impact: To correct over expended budget line RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General Fund Whole Town budget as follows: From: A. 3120.2.500.700 Soft Body Armor $750 To: A. 3120.1.300.200 Seasonal/Temp Employees $750 Overtime Earnings Vote Record Resolution RES 2012 722 [] 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 2012-723 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Jordan Doroski PT $cale Operator RESOLVED that the Town Board of the Town of Southold hereby appoints Jordan Doroski to Southold Town Meeting Agenda - September 25, 2012 Page 23 the position of part-time Scale Operator for the Solid Waste District, effective September 26, 2012, at a rate of $15.59 per hour. Vote Record Resolution RES 2012 723 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled = [] Withch-awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded ~-- Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-725 CATEGORY: DEPARTMENT: Attend Seminar Human Resource Center Permission for Karen McLaughlin to A trend Suffolk County Office for &e Aging's Regional HIICAP Training on Medicare, NYS EPIC Program for Seniors, Etc. RESOLVED that the Town Board of the Town of Southold hereby grants permission to Karen McLaughlin, Town Director of Human Services, to attend the Suffolk County Office for the Aging's Regional HIICAP (Health Insurance Information, Counseling and Assistance Program) in Hauppauge, on September 27, 2012. Expenses for travel to be a legal charge to the 2012 Programs for the Aging budget. Vote Record Resolution RES 2012 725 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled = [] Withch-awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded ~-- Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-726 Southold Town Meeting Agenda - September 25, 2012 Page 24 CA TE GO R Y: Refund DEPARTMENT: Town Clerk Refund of Disposal Sticker RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $30.00 to Dan Stegner, 470 Windy Point Lane, Southold, NY 11971, for the purchase of disposal sticker #00349, as he purchased two disposal stickers for the same car #00349 and #05608. Sticker #00349 has been returned. Vote Record Resolution RES 2012 726 [] 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 2012-727 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk 2012 Turkey Trot RESOLVED that the Town Board of the Town of Southold hereby grants permission to Mattituck-Cutchogue Teachers' Association to use the following route for its 2012 Turkey Trot in Mattituck, on Thursday, November 22, 2012: be~innin~ at Mattituck High School, head south on Maple Avenue, cross Route 25 to Reeve Avenue; head south, left on to New Suffolk Avenue; proceed east, right onto Maratooka Road; proceed south, loop left on Center Drive and Bungalow Avenue back to right on to Maratooka; cross New Suffolk Avenue onto Maratooka Lane, left on Route 25; head west, right onto Wickham Avenue, proceed north, right onto Pike Street, finish at the school; provided they closely adhere to the following five (5) conditions: They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; Coordinate traffic control upon notification of the adoption of this resolution with Captain Kruszeski No objects of any kind shall be thrown to event spectators No permanent markings be placed on town, county or state roads or property for Southold Town Meeting Agenda - September 25, 2012 Page 25 the event; 5. Any temporary non-permanent road markings or signs for the event must 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. The fees have been waived for this event. Vote Record Resolution RES 2012 727 [] 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 2012-728 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk 2012 Crop Walk on Sunday, October21, 2012 RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to the Southold Town Methodist and Presbyterian Churches to use the followin~ roads for their Annual Crop Walk in Southold~ on Sunday~ October 2L 2012 from 1:00 PM to 3:00 PM: Wells Avenue~ Pine Neck Road~ Main Bayview Road~ Main Road/Route 25, provided they closely adhere to the following five (5) conditions: 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 temporary non-permanent road markings or signs for the event must 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. Any town fees associated with this event shall be waived. · /VoteRecord Resolution RES 2012 728 [] Adopted [] Adopted as Amended Southold Town Meeting Agenda - September 25, 2012 Page 26 [] Defeated William Ruland [] Tabled Ctn'istopher Talbot [] With&awn [] 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 2012-729 CATEGORY: DEPARTMENT: Landfill Misc. Solid Waste Management District Commercial I/Vaste Tip Fee Adj~stment WHEREAS under the terms of the Town's MSW Removal contract with Winters Brothers, Inc. there has been a disposal fee increase of $1.70/ton, now there for be it RESOLVED that the Town Board of the Town of Southold hereby increases the tip fees charged at the Cutchogue Transfer Station for commercial waste by $1.70 per ton and set as follows: CG (commercial garbage less than 100 tons/month): $92.45/ton CG100 (commercial garbage greater than 100 tons/month): $79.95/ton Vote Record Resolution RES 2012 729 [] 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 2012-730 CATEGORY: DEPARTMENT: Committee Resignation Town Clerk Southold Town Meeting Agenda - September 25, 2012 Page 27 Maisano Resignation from Youth Bureau RESOLVED the Town Board of the Town of Southold hereby accepts, with regret, the resignation of Danielle Maisano from the Youth Bureau Board, effective immediately. Vote Record Resolution RES 2012 730 [] 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 2012-731 CATEGORY: Employment - Town DEPARTMENT: Accounting ~lppoint Janice L. Foglia Payroll Supervisor RESOLVED that the Town Board of the Town of Southold hereby appoints Janice L. Fo~lia to the position of Payroll Supervisor for the Accounting & Finance Department effective October 1, 2012, rate of pay to remain the same. Vote Record Resolution RES 2012 731 [] 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 2012-732 Southold Town Meeting Agenda - September 25, 2012 Page 28 CATEGORY: DEPARTMENT: Budget Modification Solid Waste Management District SI4/MD Budget Modifications Fiscal Impact: New tires for Ford 350 p/u and forklift; Site visit for repairs to 8 truck/trailer tires, installation of forklift tires. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Solid Waste District budget as follows: From: SR 8160.4100.225 (Lubricants) SR 8160.1.200.100 (Part Time Employee) To: SR 8160.4.400.625 (Tire Repair) SR 8160.4.100.525 (Payloader/Truck Tires) $1,000 $1,000 $ 2,000 $1,000 $1,000 $ 2,000 Vote Record Resolution RES 2012 732 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] WithO'awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-733 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Amend Resolution 370. 2011- 769 BOAR Appointments and Dates RESOLVED the Town Board of the Town of Southold hereby amends resolution No. 2011-796 to correct an appointment date for the Board of Assessment Review as follows: RESOLVED the Town Board of the Town of Southold hereby appoints Nicholas J. Planamento to the Board of Assessment Review effective immediately through September 30, 2~'~ ~ 2012 and reappoints Gerard Schultheis through September 30, 2016. Southold Town Meeting Agenda - September 25, 2012 Page 29 Vote Record Resolution RES 2012 733 [] 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 2012-734 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Reappoint ~Vicholas Planamento to BOAR RESOLVED the Town Board of the Town of Southold hereby reappoints Nicholas Planamento to the Board of Assessment Review through September 30, 2017. Vote Record Resolution RES 2012 734 [] 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 2012-735 CATEGORY: DEPARTMENT: Sanitary Flow Credits Land Preservation Sanitary Flow Credits - TNC (Manor Grove) Properties Southold Town Meeting Agenda - September 25, 2012 Page 30 WHEREAS, on September 12, 2012, the Town of Southold purchased Fee Title to properties owned by The Nature Conservancy, Inc. (formerly owned by Manor Grove Corporation) identified as SCTM #1000-53-1-1.2 and 1.3; and WHEREAS, said purchase included a joint 50%/50% acquisition by the Town and County of 28.74 acres and a separate acquisition by the Town of 0.722 acres; and WHEREAS, 25.45 acres of said property is located within the Low-Density Residential R-80 Zoning District and 4.389 acres of said property is located within the Limited business (LB) Zoning District; and WHEREAS, said property is located within the Greenport School District; and WHEREAS, the deeds recorded as part of the purchases prohibit the use of the properties for any residential, commercial or industrial uses and prohibits the use of the properties for anything other than open space; and WHEREAS, as per Section 117-5 (Determination of Sanitary Flow Credit to be Deposited in the TDR Bank) of the Town Code, the Land Preservation Coordinator provided the Town Board with a calculation of the estimated sanitary flow credits available for transfer from the above- mentioned parcels prior to the Town Board public hearings on the purchases; and WHEREAS, the Land Preservation Coordinator provided the Town Board with a final calculation of the sanitary flow credits available for transfer from the above-mentioned parcels following the closing on the parcels; and WHEREAS, two (2) sanitary flow credits are available to be placed into the Town TDR Bank as a result of these purchases: one (1) from the Town/County joint acquisition and one (1) from the Town acquisition; be it therefore RESOLVED that the Town Board of the Town of Southold hereby places two (2) sanitary flow credits into the Town TDR Bank from the Town's fee title purchase of the properties identified as SCTM #1000-52-1-1.2 and #1000-53-1-1.3; and, be it FURTHER RESOLVED that the Town Clerk shall enter this transfer of two (2) sanitary flow credits into the Sanitary Flow Credit Log; and, be it FURTHER RESOLVED that the Town Clerk shall forward this resolution to the Tax Assessors Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town database and GIS system. Vote Record Resolution RES 2012 735 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland [] [] [] [] [] Defeated [] Tabled Ct~'istopher Talbot [] [] [] [] [] Withch-awn Jill Dohert~ [] [] [] [] Southold Town Meeting Agenda - September 25, 2012 Page 31 [] Supe~wisor's Appt Albert Krupski Jr. [] Tax Receiver's Appt Louisa P. Evans [] Rescinded [] Town Clerk's Appt Scott Russell [] Supt Hgwys Appt [] No Action 2012-736 CATEGORY: DEPARTMENT: Budget Modification Public Works ]'asker Park Playground Fiscal Impact: Park & Playground Fund RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General Fund Whole Town Budget as follows: A. 2025.00 Appropriations: A. 1620.2.500.850 Special Recreation Facility Park & Recreation Tasker Park Improvements Handicapped Playground $50,000 $50,000 Vote Record Resolution RES 2012 736 [] 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 2012-737 CATEGORY: DEPARTMENT: Authorize to Bid Town Clerk Southold Town Meeting Agenda - September 25, 2012 Page 32 Re-Advertise OldMill Rd Propery RESOLVED the Town Board of the Town of Southold authorizes and directs the Town Clerk to re-advertise the sale of certain real property described as follows: SCTM No. 1000-106-6-2, N/E Mill Road, Mattituck. Vote Record Resolution RES 2012 737 [] 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 2012-738 CATEGORY: DEPARTMENT: Public Service Town Attorney Property Cleanul)/1595 Lake Drive, $outhold WHEREAS, the Zoning Inspector of the Town of Southold inspected the property owned by Maria F. Bustamante and located at 1595 Lake Drive, Southold, SCTM #1000-59-5-9 and prepared a written report of his findings in the form of a Notice dated August 31, 2011; and WHEREAS, said Notice was sent by registered mail to the property owner in the form required under Section 100-7 of the Town Code; and WHEREAS, said Notice included the information that the garbage and debris that existed in the violation of Section 100-4(A) of the Town Code, must be removed from the premises by a date certain; and WHEREAS, no rehabilitation of the condition of the premises was made, nor was any response received from the owner regarding rehabilitation of the premises; now, therefore, be it RESOLVED that, pursuant to the provisions of Section 100-1 of the Southold Town Code, the Town Board of the Town of Southold hereby assesses the costs and expenses incurred by the Department of Public Works and the Solid Waste Management District in effectuatin~ the cleanup of the property located at 1595 Lake Drive, Southold, which totals $456.61 and, therefore, said costs and expenses shall be levied a~ainst the real property of Maria F. Southold Town Meeting Agenda - September 25, 2012 Page 33 Bustamante, SCTM #1000-59-5-9, and shall be collected at the same time and in the same manner as the Town taxes. Vote Record Resolution RES 2012 738 [] 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 2012-739 CATEGORY: DEPARTMENT: Budget Modification Public Works Human Resource Center Lighting/LIPA Grant Fiscal Impact: None, LIP.~I Grant Project, Install LED lighting fixtures in Human Resource Center, as a LIP.~I Lighting Grant Project RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General Fund Whole Town Budget, as follows: From: A. 5182.4.200.250 To: A. 1620.4.400.100 Street Lighting-Power $12,160. Building Maintenance & Repairs $12,160. Vote Record Resolution RES 2012 739 [] 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 - September 25, 2012 Page 34 2012-740 CATEGORY: DEPARTMENT: Budget Modification Town Clerk 2012 Budget Modification - Goldsmith's Fiscal Impact: the stabilization of the beach & road shoulder located along the westerly side of Goldsmith's Inlet. RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2012 budget as follows: From: Appropriations: A. 1990.4.100.100 A. 1990.4.100.200 To: Appropriations: A. 1620.4.400.350 Contingencies Unallocated Contingencies Contingencies Police Retirement Reserve Total: Buildings & Grounds, C.S. Goldsmith's Rock Revetment Total: $25,000.00 $20,000.00 $45,000.00 $45,000.00 $45,000.00 Vote Record Resolution RES 2012 740 [] Adopted [] Adopted as Panended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-741 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact LL Amend Chapter 2 75 Southold Town Meeting Agenda - September 25, 2012 Page 35 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" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 275, Wetlands and Shoreline" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 275, Wetlands and Shoreline". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. In order to continue to protect the natural state of the shorelines and wetlands within the Town of Southold, while balancing the rights of property owners, it is the purpose of these amendments to simplify the permit process, codify and clarify existing policies and conform certain regulations to environmentally accepted practice. II. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: § 275-2. Definitions; word usage. o..~..~1~11 .*~1~ ...., ~ +~-~ ..... -.~,--.so:-~' gi;'cn herein. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third International Dictionary of the English Language, unabridged (or latest edition). ,a, DMINISTRATIVE PERMIT AQUACULTURE The raising or cult~vatmn ofnuracry apawn ~-*~: .... * ...... *~": ..... cffScXcm living aquatic organisms. .......... 2, ~**s ........ 2, ~r:cn~ ~ar~cr an.. ~cu~..c... ~ay.-- of water within the boundaries of the Town of Southold excluding the Long Island Sound, bakes and those defined under Creeks. BEACH -- The zone of unconsolidated each that e~ends landward from the mean low water Southold Town Meeting Agenda - September 25, 2012 Page 36 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 prcviex:~!y ne. minatcd designated by the Town of Southold and/or Suffolk Counts: dc~i~:atcd by thc x,~..,~,~,, v^~.~ ~..~ ~'~----~--~r~-"*~--~. vA^c ~*"*~ 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 cggcrXia!!y retained its intended purpose and use ......... "*: ....... by *~ 24. --^-*~ ....... ~;-~ *~ ...... *; ........*;";*;~' ~ ......, as determined the Board of Trustees. GROIN -- A man-made barrier typically perpendicular to the shoreline used to change the natural littoral drift, ' ~:-*~:- :-~* * prevent erosion, ..................on~ranoo~q, or protect an area from wave energy. ~ ~ ": ~""" JETTY -- A man-made barrier pcrpcm2:a.ar .~ *~ a..orc.inc used to :..angc ...c namra. !iXora! ..fL., maintain beach elevation, prevent erosion, and maintain inlet entrances., ..... *~* ...... LOW-PROFILE JETTIES -- The definition of a low-profile jetty is site specific, but typically is a structure no higher than 18 inches to 24. in:hca 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 year 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 year 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 minim'am ~f39 fcct ':Adc or as designated by the Board of Trustees, immediately landward of the wetland boundary, shoreline Southold Town Meeting Agenda - September 25, 2012 Page 37 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 OPERATIONS (1) The machine excavation and/or removal of material from wetlands, o~ Any ct~crwisc activity in freshwater or tidal wetlands or in any area within Trustee jurisdiction, including, but not limited to, (-2-) T~,~ ..~ ,.~vo.~ ~ ..... :~ v.^~ di~c~argc ~^c~:~1...~..~. (2)the placement, repair or removal of structures, including, but not limited to, boats, floating docks, floats, dock components, duck blinds; or o~ (3) The deposit or discharge of material on any area that results in the transport of said materials into wetlands or ctkcrwisc in any area within Trustee jurisdiction; or (4) The erection, construction, alteration, repair or enlargement of any building, dock, pier, wharfi bulkhead, jetty, groin, or any system or other structure, temporary or permanent, on wetlands,or ........... ^~' ..... :~'~ ~n' any area within Trustee jurisdiction; _or (5) Removing or otherwise affecting the growth of plants in wetlands or ctkcrwisc 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, 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 surf:ace of a water body and is secured in place by poles, pilings, anchors, or any other type of mooring system that provides Southold Town Meeting Agenda - September 25, 2012 Page 38 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 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, blufl~ dune, flat, marsh, swamp, Southold Town Meeting Agenda - September 25, 2012 Page 39 (2) (3) (4) (5) (6) wet meadow, bog, or vernal pool; Any creek, estuary, stream, pond, canal, or lake; Land under water; Land subject to tidal action; Land within 100 feet of the areas listed above; All Town waters. Setbacks. (1) The following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees: (b) D1,,~.'1;--~ Top ofblufl~ [4] Swimming pool and related structures: 100 50 feet. § 275-4. Exceptions. The provisions of this chapter shall not require a permit for the following: (3) The ordinary and usual operations relative to a bona fide preexisting commercial agriculture and 1~ ~.; ~,, 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:.. c ...................... pc~it ha: bccn i::ucd by thc * ..... (9) The demolition, removal, repair and/or up~ading of existing residential ~el ta~s, ~el lines, ~el dispensers, installation or burial of a residential propane ta~, including necessary site work, and provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. 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. ~crmcr: an~_:i~ing cn (11) The relocation of an existing septic system from within Trustee jurisdiction to outside Trustee jurisdiction. (12) Fla~oles specifically used for that pu¢ose, with a base not ~eater than 4 feet by 4 feet. (13) Operations landward of a public road whereby the public road is located between the waterbody that is the source of Trustee jurisdiction and the operations. (11)(14) Notwithstanding the above listed exceptions, operations within a designated nondisturbance buffer are prohibited. § 275-5 Permit procedures. Administrative permit. (1) The administrative permit review process is intended to provide for expedited Southold Town Meeting Agenda - September 25, 2012 Page 40 (2) 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 far dctai!a cfapprcva!. The following operations will be considered for administrative review, in accordance with the standards set forth in §275-11: (d) Remodeling or renovation er rc:cnatra:ticn of a permitted structure, provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. xs~ .................. , ......... , ........... , .~ ........... upgra lng ........... ~, 00(g) 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. CO(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. (:~)(i)The construction of a permitted bulkhead as per §275-11, which is to replace an existing functional bulkhead, subject to the following: ¢)(i) 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. gm)(1) Decks. 00(m) Minor alterations to existing permitted shoreline structures including stairs, bulkheads and docks. (~p)(n) 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. ¢0(o) An application for proposed aquaculture activity that includes surf:ace Southold Town Meeting Agenda - September 25, 2012 Page 41 mounting gear in an area greater than five square yards. (p) 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!! may require the addition of a nonturf buffer area net tv, cx~cc~ 20 f~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. (8) Such application shall be accompanied by a survey and topographical map, created no more than c, nc year five years prior to the date of application, with contours at two-foot intervals, showing all wetlands within a two-hundred-foot radius of the area from which the removal or in which the deposit of materials is proposed, or in which structures are to be erected, certified by a registered land surveyor or registered professional engineer, licensed by the State of New York. Such survey and topographical map shall show the soundings of the area in which operations are proposed to be conducted. The horizontal control of said survey shall be based on an approved local coordinate system. The vertical control for elevations shall be based on the United States Coast and Geodetic Survey datum. (14) Drainage upgrade. ,^~ thc ~i~rctic, n c, fthc Ec, ar~, In addition to the requirements 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. Southold Town Meeting Agenda - September 25, 2012 Page 42 § 275-7. Fees. Every non-administrative application for a Trustees wetlands permit filed with the C!crk Office of the Trustees shall be accompanied by a filing fee of $250 which includes the first site visit, no portion of which shall be refundable. The fee for an administrative permit shall be $50. $100. For gtr',:cturcg 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 ~,~ ..... ¢~ ............ fcct for rcsidcntia! and ccmmcrcia! decks to be set by the Town Board. Commercial docks are any structures that are rented, leased or otherwise used to generate income, including, but not limited to, those structures located on properties zoned M1 and M2. § 275-8. Processing of application. Presubmission conference. Applicants are encouraged to schedule a voluntary presubmission site visit to discuss the proposed operations with the Board. Discussions in the field are purely advisory and nonbinding, but this meeting is intended to facilitate communication between the applicant and the Board. There will be a fee of $50 for this conference which may be applied to an application fee for a wetlands permit made within six months of the site visit and which application involves structures that were the subject of the site visit. Investigation and coordination. Upon receipt of the application, the C!crk Office of the Trustees shall maintain the original in the file and forward one copy thereof to each of the following as necessary: the Conservation Advisory Council, LWRP Coordinator, Stormwater Management Officer, when~,v~**~,~,:~* ......... v**~ ~: tc the Planning Department, and cnc copy tc the Zoning Board, an,, cnc copy ,c ~c ~:~c,, w: ...... c cfficc cf thc Tm:icc:. The Consemation AdvisoW Council shall review said application and the effect, if any, on the wetlands and tidal waters of the Town that may result from the proposed operations and shall, within 20 days of receipt of the same, forward its wri~en report of findings and recommendations with respect to such application to the Trustees. If the Conservation Advisory Council shall recommend that such application be disapproved, the reasons for such disapproval shall be set foah in such report. If no response is received within 20 days,, .... ~ .................. j ........................... Advkcry Ccunci! review, the review by the Conse~ation Adviso~ Council shall be deemed waived. Administrative permits. ~ administrative permit includes operations that are deemed to have no adverse environmental impact, and a public hearing and notice are not required pr 0r t0 ssuaBce 0 a perm ......................... ~ ....... F ............... § 275-10. Contents of permit. Southold Town Meeting Agenda - September 25, 2012 Page 43 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 notice from such other governmental or municipal authorities of its refusal or disapproval." Acceptance of the permit is acceptance of this condition. A statement that "The permittee does, by the acceptance of this permit, assume all responsibility for operations undertaken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and property resulting from such operations. By such acceptance, the permittee also agrees to indemnify and save harmless the Town and its officers, agents and employees from any and all claims arising from operations under this permit and any and all acts or omissions of the applicant, his agents and employees." Acceptance of the permit is acceptance of this condition. A statement that "The permittee and the owner and occupants of the premises upon which the operations authorized by this permit are being conducted do, by the acceptance of this permit, give consent to the Town and its officers, employees and agents to enter upon the premises where such operations are being conducted to make such inspections to determine whether said operations are being conducted in conformity with the permit and, if necessary, to conduct said operations according to the performance guarantee (§275-9E). A statement that "The permittee is required to notify the Trustees in writing one week prior to initiation of any and all operations." A statement that "The permittee is required to notify the Trustees in writing upon completion of operations such that the site can be inspected for issuance of a certificate of compliance (§ 275-13)." ~5~J~ A statement that "The permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within 90 calendar days of issuance of this permit." A statement that "The permittee is required to conspicuously post the permit and have the supporting Trustees' stamped plans available for immediate inspection at the work site at the commencement of work until which time the project is completed. § 275-11. Construction and operation standards. General. The following standards are required for all operations within the jurisdiction of the Trustees: (1) Drainage upgrade. Applicants for a permit for any form of construction may be required to upgrade the site's drainage system such that all surf:ace water generated from impervious surf:aces shall be kept onsite through infiltration or Southold Town Meeting Agenda - September 25, 2012 Page 44 (3) (4) 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. New and remodeled homes. New and remodeled homes cannot be situated or modified such that they project closer to the wetland boundary than the mean seaward proiection of homes in the general vicinity and hc, mc~ on either side of the subject lot. Fences. (a) Trustees reserve the right to permit erection of a split-rail fence where the applicant has shown that there is a need to protect his/her private property. (b) Temporary or seasonal snow- fences, 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 MHW the apparent high water mark. (d) Only one posted sign per 100 linear feet offence is allowed on a split-rail fence. Posted signs shall be no larger than 12 inches by 12 inches square. Any fence, barricade or impediment to pedestrian traffic on the beach or wetland area in violation of the provisions of this chapter shall be removed upon written notice to the owner of the premises upon which such fence, barricade or impediment is located sent by certified or registered mail. Such fence, barricade or impediment shall be removed by the owner within 30 days of the date of the notice. Upon failure to comply with such notice, the Building Inspector, the Office of Code Enforcement, Cc,~c ~..~v.~-c ....... ~-~-~* r~m~.~ or Bay Constable may remove or cause the removal of the illegal structure. (e) If any fence, barricade or impediment is determined by the Building Inspector, the Office of Code Enforcement,~c,,.c ~n~c, rccmcn~ ©fficcr 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 Southold Town Meeting Agenda - September 25, 2012 Page 45 Town of Southold. (6) ! d Platfo (a) Platforms associated with stairs may not be larger than 32 square feet. (b) Platforms may not exceed 200 square feet and must be landward of the top of blufl~ Shoreline structures. (1) Bul~eads, retaining walls, revetments and gabions. (c) Bul~eads on the Sound must may be armored with stone. (d) ~1 bul~ead construction and renovation work requires the establishment of a permanent nonturf buffer as defined by ~275-2. (e) Retaining walls are not permi~ed 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 c~omated copper arsenate (also ~own as "CCA"), pema products, ~kaline 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 paa of a structure in low tidal flow wetland areas as determined by the Trustees. ~y 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 a~er installation. Encapsulated pilings or native nonchemically treated (untreated) lumber only should be used in sensitive (g) The use of tropical hardwoods is not permi~ed unless it is ceaified by the Forest Stewardship Council or similar organization. (h) New bul~eads 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 bul~eads unless permitted by the Trustees. Individual residential stairs are prohibited on bluflk in the Coastal Erosion Hazard ~ea if the property is paa of an association that maintains a common stairway within a reasonable distance. ~ Lighting: ~y and all li~ts 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 propeay. Lights shall not be on unless the waterfront is in active use. (m)~ Backfilling: Only clean sand can be used for backfilling in eroded and excavated areas as well as behind new and repaired bul~eads. Garbage, asphalt, and C&D materials are strictly forbidden for use as bac~dl behind bul~eads. In water. (1) Jetties and groins; general rules. Southold Town Meeting Agenda - September 25, 2012 Page 46 (2) (b) (g) All applicants for jetties and groins extending across the foreshore shall be required to give and maintain a public passing way, c,n thc t:p!an~ on the landward end of the ietty 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. [6] All docks and floats shall have the street address of the subiect premises ....... :~ ..... :~ .... ~'~ permanently affixed to the most seaward face for identification. Said nt:m~crs 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. [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~"1~1~ 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 [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. Dock locations and lengths. [3][d] No floating docks, floats, dock components, ~t:~!~ ~!in~g 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. Southold Town Meeting Agenda - September 25, 2012 Page 47 A valid Trustees permit ....... r ............... may be transferred to another applicant by approval of the Trustees upon a determination of the Trustees that the structure in its current state conforms to the terms and conditions of the permit as issued..~.~tt -^, ~.~ · ..... c~--~ ....... :~-~ -':~'..~..w~^"~ ~'~.~ r~v~: ^~ apprc~¥a! an~ rc¥icw ~ .............. The fee for transferring said permit shall 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 741 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] WithO'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 VI. PUBLIC HEARINGS Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearing. PH 9/25/12 ~ 7:32 PM LL/275 Amendments Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at P.M.