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HomeMy WebLinkAboutAG-10/09/2012ELIZABETH 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 October 9, 2012 4:30 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 4:30 PM Meeting called to order on October 9, 2012 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrived Councilman William Ruland [] [] [] Councilman Christopher Talbot [] [] [] Councilwoman Jill Doherty [] [] [] Councilman Albert Krupski Jr. [] [] [] Southold Town Meeting Agenda - October 9, 2012 Page 2 Justice Louisa P. Evans [] [] [] Supervisor Scott Russell [] [] [] I. REPORTS 1. Town Clerk Monthly Report September 2012 2. Judge Rudolph H. Bruer September 2012 3. Department of Public Works August 2012 II. PUBLIC NOTICES 1. NYS DEC Notice of Complete Application Fishers Island Development Corp, East End Rd from Old Well Dr to Barlow Pd Ln, Fishers Island, to construct a paved recreation path, retaining walls, elevated boardwalk and viewing deckwithin 100' for aNYSDEC Regulated Freshwater Wetland. Written commentsto DEC no later that October 25, 2012. 2. NYS Liquor License Renewals Rinconcito Hispano Restaurant, Unit 7, Sterlington Commons, Greenport North Fork Table and Inn, 47225 Main Rd., Southold Dorset Farms Inc. d/b/a Lenz Winery, 38355 Main Rd., Peconic 3. NYS DEC Notice of Complete Application Suffolk County Water Authority - applicant proposes to install a new public supply well, Brown Hill Road Well field, Browns Hill Road, Orient. Written comments no later than 10/18/12 to NYSDEC III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 Am - Chris Baiz, John Sepenosld, Agricultural Advisory Committee Comments on Comprehensive Plan and related Code amendments 2. 9:15 Am - Heather Lanza & Mark Terry Proposed Zoning Legislation for Plum Island 3. 9:45 Am - Jeff Standish, G'fllian Wood & Catherine Morrelly Southold Animal Shelter 4. Property Maintenance Clean-Up Approvals Southold Town Meeting Agenda - October 9, 2012 Page 3 5. LL/Amendments to Chapter 275 6. LL/Amendments to Chapter 83 Pet & livestock Waste (to be set for PH) 7. LL/Amendments to Chapter 193 Dogs on Beaches 8. 11:00 Am - EXECUTIVE SESSION - Labor Matters involving employment of particular person(s) 9. EXECUTIVE SESSION - Litigation Town of Southold v. Go Green Sanitation Inc., et al [] Town of Southold v. Rose's Vineyard, LCC and Joseph Paul Winery, Inc., d/b/a Vineyard 48 MINUTES APPROVAL RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, September 11, 2012 RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, July 03, 2012 RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, July 31, 2012 RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, August 14, 2012 RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, August 28, 2012 V. RESOLUTIONS 2012-742 CA TEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated October 9~ 2012. · /VoteRecord ResolufionRES 2012 742 [] Adopted [] Adopted as Amended Southold Town Meeting Agenda - October 9, 2012 Page 4 [] Defeated William Ruland Ctn'istopher Talbot [] Supe~wisor's Appt Jill Doherty [] Tax Receiver's Appt Albert Krupski Jr. [] Rescinded Louisa P. Evans [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] No Action 2012-743 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set Yext Meeting 10/23/12 7.'30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, October 23, 2012 at the Southold Town Hall, Southold, New York at 7:30 P. M.. Vote Re'card Resolution RES 2012 743 [] 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 2012-741 Tabled 9/25/2012 7:30 PM CA TEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Amend Chapter 275 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 Southold Town Meeting Agenda - October 9, 2012 Page 5 WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, and WHEREAS, the Town Board has considered all comments made at the public hearing and corrected Sections 275-4(A)(5) & (10) and 275-5(B)(2)(d) to clarify the reference to wetlands permitted structures, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the following Local Law entitled, "A Local Law in relation to Amendments to Chapter 275, Wetlands and Shoreline" as amended. 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 - October 9, 2012 Page 6 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 - October 9, 2012 Page 7 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 - October 9, 2012 Page 8 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 (Limonium 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 - October 9, 2012 Page 9 (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 wetlands permitted structure (of the same dimensions) of a functional building, dock, pier, wharf, jetty, groin, dike, dam or other water-control device or structure, c ..... ~; ~ ,~,~,, ~, ......... ,~ (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, wetlands permi~ed structure. ~crmcr: an~ (11) The relocation of an existing septic system from within Trustee jurisdiction to outside Trustee jurisdiction. (12) Fla~oles specifically used for that pu¢ose, with a base not ~eater than 4 feet by 4 feet. (13) Operations landward of a public road whereby the public road is located between the waterbody that is the source of Trustee jurisdiction and the operations. (11)(14) Notwithstanding the above listed exceptions, operations within a designated nondisturbance buffer are prohibited. § 275-5 Permit procedures. Administrative permit. (1) The administrative permit review process is intended to provide for expedited Southold Town Meeting Agenda - October 9, 2012 Page 10 (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 wetlands 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 wetlands 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 - October 9, 2012 Page 11 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 - October 9, 2012 Page 12 § 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 - October 9, 2012 Page 13 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 - October 9, 2012 Page 14 (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 - October 9, 2012 Page 15 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 - October 9, 2012 Page 16 (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 - October 9, 2012 Page 17 A vahd Trustees permit ....... v ............... may be transferred to another applicant by approval of the Trustees upon a determination of the Trustees that the structure in its current state conforms to the terms and conditions of the permit as issued..a.~tt -^, ~.~ · ..... c~--~ ....... :~-~ ...a~.v,.~**w~^..~ ~'~-~ ~v~: ^~ apprc, va! an~ rcvicv: ~ .............. The fee for transfemng said permit shall be $50. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record Resolution RES 2012 741 [] Adopted [] Adopted as Panended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] With&awn Ctn'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-744 CATEGORY: DEPARTMENT: Employment - Town Accounting Acknowledges Retirement Donald Dzenkowski WHEREAS, the Town of Southold has received email notification on September 25, 2012 from the NYS Retirement System concerning the retirement of Donald A. Dzenkowski effective December 13, 2012, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby aclmowled~es the retirement of Donald A. Dzenkowski from the position of a Senior Bay Constable for the Police Department effective December 13, 2012. Southold Town Meeting Agenda - October 9, 2012 Page 18 Vote Record Resolution RES 2012 744 [] 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 2012-745 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Agreement Between Town of $outhold and ?. I~ Grosser Consulting, Inc., RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the A~reement between the Town of Southold and P.W. Grosset Consultin~ Inc, in connection with their Proposal dated August 20~ 2012~ to remediate and abandon an Under,round In.iection Control Sanitary System located at 68775 Route 25 in Greenport~ subject to the approval of the Town Attorney. Vote Record Resolution RES 201'2 745 [] 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 2012-746 CATEGORY: DEPARTMENT: Committee Resignation Town Clerk Southold Town Meeting Agenda - October 9, 2012 Page 19 Resignation of Stephen Mudd from Ag Adv Corem RESOLVED the Town Board of the Town of Southold hereby accepts, with regret, the resignation of Stephen Mudd from the Agricultural Advisory Committee. Vote Record Resolution RES 2012 746 [] 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 2012-747 CATEGORY: DEPARTMENT: Authorize to Bid Public Works Goldsmith Rock Revetment Project Fiscal Impact: Bedding Stone & 5 Ton Armor Stone for Goldsmith Rock Revetment Proj'ect RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the furnishing stone materials (8" to 12" bedding stone and ton armor stone) for the Goldsmith Inlet Rock Revetment Project. Vote Record Resolution RES 2012 747 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action Southold Town Meeting Agenda - October 9, 2012 Page 20 2012-748 CATEGORY: DEPARTMENT: Misc. Public Hearing Community Development Public Hearing to Hear Citizens Flews on Local Housing and Community Development ~Veeds RESOLVED that the Town Board of the Town of Southold hereby sets 7:35 PM, Tuesday, October 23, 2012, Southold Town Hall, 53095 Main Road, Southold, New York 11971, as the time and place for a Public Hearing to hear citizens views on local housing and community development needs to be met with approximately $92,850.00 in Community Development Block Grant funds the Town of S outhold expects to receive in April 2013 and authorizes the Town Clerk to publish an "Announcement of Public Hearing Notice". Vote Record Resolution RES 2012 748 [] 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 2012-749 CATEGORY: DEPARTMENT: Budget Modification Public Works NTSDEC SPDES Permits Fiscal Impact: Permits required by NTSDEC (SPDES) RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Building & Grounds General Fund Whole Town budget as follows: From: A. 1620.4.400.300 Dredging Goldsmith Inlet $1,600 To: A. 1620.4.600.700 Licenses & Permits $1,600 · /VoteRecord Resolution RES 2012 749 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent William Ruland [] [] [] [] Southold Town Meeting Agenda - October 9, 2012 Page 21 [] Tabled CN'istopher Talbot [] Withch-awn Jill Doherty [] Supe~wisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. [] Rescinded Louisa P. Evans [] Town Clerk's Appt Scott Russell [] Supt Hgwys Appt [] No Action 2012-750 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Increase Salary of Stephen G. Burke RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted September 6, 2012 that increases the salary of Stephen G. Burke to an annual salary of $135,000. Vote Record Resolution RES 2012 750 [] 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 2012-751 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute &e Modification Agreement Form Between &e Town of Sou&old and the New Fork State Department of State m Connection RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Modification A~reement Form between the Town of Southold and the New York State Department of State in connection with a no-cost Southold Town Meeting Agenda - October 9, 2012 Page 22 extension of time extending the term of Contract #C006877 (Bittner Preserve Improvement Project) to December 31, 2013, subject to the approval of the Town Attorney. Vote Record Resolution RES 2012 751 [] 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 2012-752 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Information Technology CivicPlus Additional Services RESOLVED that the Town Board of the Town of Southold hereby authorizes the payment of $1,450.00 to Civic Plus for the purchase and development of additional webpages for the Town's new website. Vote Record Resolution RES 2012 752 [] 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 2012-753 CATEGORY: DEPARTMENT: Budget Modification Human Resource Center Southold Town Meeting Agenda - October 9, 2012 Page 23 Budget Modification HRC/Programs for the Aging Expenditures Fiscal Impact: Modifying funds from unused sick earnings to cover necessary repairs to HRC vehicles and other expenditure budget lines in the Programs for the Aging 2012 Budget. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General Fund Whole Town Programs for the Aging budget as follows: A. 6772.1.100.400 Sick Earnings $4,000 Totals $4,000 A. 6772.4.400.650 Vehicle Maintenance/Repair $3,000 A. 6772.4.400.500 Laundry 150 A. 6772.4.600.300 Travel Reimbursement 100 A. 6772.4.600.400 Postage 150 A. 6772.4.100.500 Motor Vehicle Parts & Supplies 600 Totals $4,000 Vote Record Resolution RES 2012 753 [] Adopted [] Adopted as Panended 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 2012-754 CATEGORY: DEPARTMENT: Attend Seminar Land Preservation Attend 2012 LI Natural History Conference RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to Laura Klahre, Land Management Specialist, to attend the "2012 Lon~ Island Natural History Conference" sponsored by Huntington-Oyster Bay Audubon Society, Peconic Land Trust, and Lon~ Island Greenbelt Trails Conference at the U.S. Department of Ener~y's Brookhaven National Laboratory in Upton, New York on November 16, 2012. Registration, travel, and other related expenses, if any, to be a legal charge to the 2012 Land Preservation Department budget line A. 8710.4.600.200 (meetings and seminars). Southold Town Meeting Agenda - October 9, 2012 Page 24 Vote Record Resolution RES 2012 754 [] 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 2012-755 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Cutchogue Fire Department Annual Halloween Children's Parade RESOLVED that the Town Board of the Town of Southold hereby grants permission for a police escort and to the Cutchogue Fire Department to use the following route for its Annual Halloween Children's Parade in Cutchogue, on Wednesday, October 31, 2012 beginning at 6:00 PM: begin at Depot Lane, proceed west on Main Road to New Suffolk Roadto the Cutchogue Firehouse, 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 shall be waived. Vote Record Resolution RES 2012 755 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended [] Defeated William Ruland [] [] [] [] [] Tabled Ct~'istopher Talbot [] [] [] [] [] With&-awn Jill Doherty [] [] [] [] [] Supe~wisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] Southold Town Meeting Agenda - October 9, 2012 Page 25 [] Rescinded Louisa P. Evans [] Town Clerk's Appt Scott Russell [] Supt Hgwys Appt [] No Action 2012-756 CATEGORY: DEPARTMENT: Bid Acceptance Public Works Roof- $outhold Highway Department Fiscal Impact: Materials for the replacement and reconstruction of the $outhold Highway Department Barn Roof by DP W & Highway staff RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Marjam Supply Co., Inc., to supply the town with building materials for the replacement and reconstruction of the Southold Highway Department Barn Roof System, in the amount of $14,681.50, all in accordance with the approval of the Town Attorney. Vote Record Resolution RES 2012 756 [] 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 Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-757 CATEGORY: DEPARTMENT: Attend Seminar Building Department Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to Building Permits Examiner Patricia Conklin, Building Inspector Gary Fish, Fire Inspector Robert Fisher, Building Inspector George Gillen and Zoning Inspector Damon Rallis to attend a seminar on Change of Occupancy and the Existing Building Code in Quogue, on October 23, 2012. All Southold Town Meeting Agenda - October 9, 2012 Page 26 expenses for registration and travel to be a legal charge to the 2012 Building Department budget (meetings and seminars). Vote Record Resolution RES 2012 757 [] 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 Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-758 CATEGORY: DEPARTMENT: Attend Seminar Building Department ]'raining RESOLVED that the Town Board of the Town of Southold hereby grants permission to Electrical Inspector Roger Richert to attend a seminar on Manufactured Homes, in Patchogue, on October 25, 2012. All expenses for registration and travel to be a legal charge to the 2012 Building Department budget (meetings and seminars). Vote Record Resolution RES 2012 758 [] 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 2012-759 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Southold Town Meeting Agenda - October 9, 2012 Page 27 Execute &e Sub-License Agreement Between &e Town of Sou&old, &e Suffo& County Real Property Tax Service Agency, and Cornell Cooperative Extension of Suffo& County RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Sub-License Agreement between the Town of Southold~ the Suffolk County Real Property Tax Service Agency~ and Coruell Cooperative Extension of Suffolk County~ regarding the Suffolk County Advanced Real Estate Information System (AREIS) and Tax Map License Program, at no cost to the Town, subject to the approval of the Town Attorney. Vote Record Resolution RES 2012 759 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] WithO'awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-760 CATEGORY: DEPARTMENT: Attend Seminar Justice Court Grant Permission to Court Officer Donato Cappabianca to Attend an Peace Officer Course RESOLVED that the Town Board of the Town of Southold hereby grants permission to Court Officer Donato Cappabianca to attend an a basic course for Peace Officers from Mondav~ September 17 thru Wednesday October l0t 2012 at the S. C. Sheriff's Office~ Academy Bureau~ 502 Wicks Road~ Brentwood~ NY and Thursda¥~ October 11 thru Monday~ October 22~ 2012 at the Suffolk County Sheriff's Firearms Section~ 112 Old Country Road~ Westhampton~ NY. All expenses for training to be a legal charge to the Justices 2012 budget. · r Vote Recorfi Resolution RES 2012 ~760 - [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Southold Town Meeting Agenda - October 9, 2012 Page 28 [] Supt Hgwys Appt [] No Action Scott Russell [] [] [] [] 2012-761 CA TE GORY: Fmla DEPARTMENT: Accounting Grant Maternity Leave to a Town Employee RESOLVED that the Town Board of the Town of Southold hereby ~rants a maternity leave of absence to Employee # 4885, from November 9, 2012 and returning to work on March 11, 2013. Vote Record Resolution RES 2012 761 [] 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 2012-762 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the Southold Elementary School to Hold Its Halloween Parade in Southold, on Sunday, October 30, 2011 at 12.'O0 ~Voon RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to the Southold PTA to use the followin~ route for its Halloween Parade in Southold, on Saturday, October 27, 2012 at 11:00 A.M.: beginning at the Southold Firehouse, proceed west on Route 25 to Oaklawn Avenue to the elementary 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 Southold Town Meeting Agenda - October 9, 2012 Page 29 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 shall be waived. Vote Record Resolution RES 2012 762 [] 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 2012-763 CATEGORY: Employment - Town DEPARTMENT: Accounting Acknowledges the Intent to Retire dohn Addamo RESOLVED that the Town Board of the Town of Southold hereby aclmowled~es the intent to retire of John Addamo from the position of Groundskeeper II for the Department of Public Works, effective as of the close of business December 5, 2012. Vote Record Resolution RES 2012 763 [] 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 Southold Town Meeting Agenda - October 9, 2012 Page 30 2012-764 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute &e Sub-License Agreement Between &e Town of Sou&old, &e Suffo& County Real Property Tax Service Agency, and &e Island Communit); Board RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Sub-License A~reement between the Town of Southold~ the Suffolk County Real Property Tax Service A~ency~ and The Island Community Board~ regarding the Suffolk County Advanced Real Estate Information System (AREIS) and Tax Map License Program, at no cost to the Town, subject to the approval of the Town Attorney. Vote Record Resolution RES 2012 764 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled ~--- [] WithO'awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded ~ Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-765 CATEGORY: DEPARTMENT: Budget Modification Highway Department 2012 Highway Budget Mod Fiscal Impact: The reason for submission of&is budget line item change is due to &e fact &at: These line items are presently unde~unded; &erefore line transfers are necessary. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Highway Fund Part Town budget as follows: To: DB.5110.4.100.905 General Repairs Contractual Expense Supplies & Materials Southold Town Meeting Agenda - October 9, 2012 Page 31 DB.5110.4.100.915 DB.5140.4.400.600 From: DB.5110.4.100.900 DB.5110.4.100.100 DB.5140.4.400.150 Asphalt Patch General Repairs Contractual Expense Supplies & Materials Cement Brash & Weeds/Miscellaneous Contractual Expense Contracted Services Office Equipment Maint/Repairs General Repairs Contractual Expense Supplies & Materials Resurfhcing Projects General Repairs Contractual Expense Supplies & Materials Miscellaneous Supplies Brash & Weeds/Miscellaneous Contractual Expense Contracted Services Rubbish Disposal $ 42,150.00 37.00 369.00 TOTAL: $42,556.00 $ 42,150.00 37.00 369.00 TOTAL: $ 42,556.00 Vote Record Resolution RES 2012 765 [] 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 2012-766 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Attorney 11/7/12 PH @ 7:02 PM LL/Pet & Livestock Waste Southold Town Meeting Agenda - October 9, 2012 Page 32 WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 9th day of October, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 83~ Animals~ in connection with Pet and Livestock Waste" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 7th day of November, 2012, at 7:02 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled "A Local Law in relation to Amendments to Chapter Animals~ in connection with Pet and Livestock Waste" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 83, Animals, in connection with Pet and Livestock Waste". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the intent of this Article to protect the health, safety and welfare of the community and to clarify the distinction between domestic pet (animal) and domestic livestock. This Amendment also clarifies the manner with which domestic pet waste and domestic livestock waste must be removed from public property. II. Chapter 83 of the Code of the Town of Southold is hereby amended as follows: ARTICLE IV Waterfowl and Gull Feeding and Domestic Pet/Livestock Waste §83-27. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third International Dictionary of the English Language, unabridged (or latest edition). DOMESTIC PET (ANIMAL) - Any animal that has been bred or raised to live in or about the habitation of humans and is dependent on people for food and shelter. Domestic pets include, but are not limited to, dogs, andcats. ~ ............ :_~ ..1~_1 ........ ..1~+~, Southold Town Meeting Agenda - October 9, 2012 Page 33 DOMESTIC LIVESTOCK Grazing animals kept either in open fields or structures for training, boarding, home use, sales, or breeding and production, including, but not limited to, sheep, swine, donkeys, goats, horses, llamas, and alpacas. §83-28. Prohibitions. B. Domestic Pet or Domestic Livestock Waste: It shall be unlawful for any person, owning, harboring, keeping, or in charge of any domestic pet or domestic livestock in the Town of Southold to permit or allow such domestic pet or domestic livestock to soil, defile, or defecate on any common thoroughfare, sidewalk, passageway, roadway, highway, street, beach, park, preserve or any other public or Town-owned property; or any place where people congregate or walk; or on any private property without the permission of the owner of said property. It shall be a violation of this Section unless all feces are immediately removed by said person in a sanitary manner and then sealed and deposited in a garbage container or disposed of in a manner consistent with the Town of S outhold's Management Plan for the particular publicly owned property. Any feces disposed of in street storm collection systems is prohibited. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record Resolution RES 2012 766 [] 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 2012-767 Southold Town Meeting Agenda - October 9, 2012 Page 34 CATEGORY: DEPARTMENT: Tax Lien Town Clerk FISD Lien - Doherty RESOLVED that the Town Board of the Town of Southold, in accordance with Article XV, Section 215-50 of Chapter 215 of the Code of the Town of Southold, hereby determines that the Fishers Island Sewer District rent owed by Carolyn Juleen Dohertv and Thomas F. Doherty~ Jr. in the amount of $2421.56 for the year of 2012 which rent remains unpaid~ shall be levied a~ainst the real property of Carolyn and Thomas F. Doherty, Jr. (Carolyn Juleen Dohert¥ SCTM #1000-12-1-2), and shall be collected at the same time and in the same manner as Town taxes. Vote Record Resolution RES 2012 767 [] 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 2012-768 CATEGORY: DEPARTMENT: Legislation Town Attorney LL/Pet & Livestock Waste to SCPC & PB RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 83, Animals, in connection with Pet and Livestock Waste" to the Southold Town Plannin~ Board and the Suffolk County Department of Plannin~ for their recommendations and reports. Vote Record Resolution RES 2012 768 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland [] [] [] [] [] Defeated [] Tabled Ct~'istopher Talbot [] [] [] [] [] Withch-awn Jill Doherty [] [] [] [] [] Supe~wisor's Appt Albert Krupski Jr. [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans [] [] [] [] Southold Town Meeting Agenda - October 9, 2012 Page 35 [] Town Clerk's Appt Scott Russell [] Supt Hgwys Appt [] No Action 2012-769 CATEGORY: DEPARTMENT: Attend Seminar Supervisor Attend Seminar - Beltz RESOLVED that the Town Board of the Town of Southold hereby grants permission to Phillip Beltz to attend an East End Youth Leadership Summit on Friday, October 19, 2012 at Suffolk County Community College in Riverhead 2012. There are no expenses for registration or travel. Vote Record Resolution RES 2012 769 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] With&'awn Ctn'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-770 CATEGORY: DEPARTMENT: Policies Town Attorney Adopts the Foflowing Policy Regarding the Usage of Cell Phones I4/hile Operating Town Fehicles or Heavy Equipment RESOLVED that the Town Board of the Town of Southold hereby adopts the followin~ Policy re~ardin~ the usage of cell phones while operatin~ Town vehicles or heavy equipment as follows: TOWN OF SOUTHOLD USE OF CELL PHONES WHILE OPERATING TOWN VEHICLES Southold Town Meeting Agenda - October 9, 2012 Page 36 OR HEAVY EQUIPMENT POLICY This Policy applies to all employees that utilize Town vehicles or operate Town equipment as part of their employment duties. Violations will be taken seriously and may result in disciplinary action. It is every employee's duty to use vehicles and equipment safely, responsibly and lawfully. · When driving a Town vehicle or operating equipment, employees shall be aware that the operation of the vehicle/equipment is their primary responsibility and cell phone usage is prohibited. · When using a vehicle, employees are required to pull off the road safely and be parked in a safe location before making or answering a call. · When operating heavy equipment, the equipment must be placed in park and placed in a safe location prior to making or answering a call. · Text messaging, reading emails and writing emails while driving or operating heavy equipment is prohibited. · The Town Police Department may promulgate supplemental policies which will supersede the application of this Policy to licensed law enforcement employees. v' Vote Record Resolution RESt012 770 [] 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 2012-771 CATEGORY: DEPARTMENT: Planning Town Attorney I/Vaive Fees/Standard Subdivision of David Verity RESOLVED that the Town Board of the Town of Southold hereby approves the deferral of the Park and Playground and Administrative Fees due in connection with the proposed Standard Subdivision of David Verity, subject to the Planning Board's approval and the condition that the Subdivision will be null and void if the fees are not paid immediately upon the sale of the subject premises. Southold Town Meeting Agenda - October 9, 2012 Page 37 Vote Record Resolution RES 2012 771 [] 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 Hg~vys Appt Scott Russell [] [] [] [] [] No Action Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at P.M. VI. PUBLIC HEARINGS PH 10/9/12 ~ 4:32 PM LL/Special Events - Cancelled