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Home My WebLink AboutTB-08/28/2012ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (63 I) 765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork, net MINUTES August 28, 2012 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, August 28, 2012 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 7:30 PM with the Pledge of Allegiance to the Flag. Call to Order 7:30 PM Meeting called to order on August 28, 2012 at Meeting Hall, 53095 Route 25, Southold, NY. William Ruland Christopher Talbot Jill Doherty Albert Krupski Jr. Louisa P. Evans Scott Russell Elizabeth A. Neville Town of Southold Councilman Present ToWn 0f South0id Councilman Present Town of Southold Councilwoman Present Town of Southold Councilman Present TOWn Of s0uth0id Justice Present Town of Southold Supervisor Present Town of Southold Town Clerk Present Martin D. Finnegan Town of Southold Town Attorney Present I. Reports 1. Building Department 2. Department of Solid Waste Monthly Report 3. Land Tracking Report 4. Human Resource Center 5. Budget Report August 28, 2012 Page 2 Southold Town Board Meeting Minutes II. Public Notices III. Communications IV. Discussion 1. 9:00 A.M. - Phillip Beltz, Dan Sarnowski, Heather Lanza 2. 9:15 A.M. - Phillip Beltz 3. 9:30 A.M. - Phillip Beltz, Heather Lanza 4. 9:45 A.M. - Jeff Standish 5. Contact State Officials Asking for Legislation on Trapping, Bating and Harvesting for the Town-Wide Deer Management Program 6. 10:00 A.M. - Vincent Orlando 7. Review of Recently Enacted Animal Waste Law 8. Review of Temporary Trailer Application 9. 11:00 - Heather Lanza 10. Affordable Housing Formula for Sales Price 11. LL/Amendments to Chapter 275 12. EXECUTIVE SESSION- Labor 13. EXECUTIVE SESSION- Litigation 14. 10:15 - Jim McMahon and Jamie Richter Opening Comments Supervisor Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance to the Flag. Thank you. If there is anyone that would like to address the Town Board on any of the agenda items, please feel free to come up at this time. (No response) V. Resolutions 2012-640 CA TEGOR Y: Audit DEP,4RTMENT: Town Clerk August 28, 2012 Page 3 Southold Town Board Meeting Minutes Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated August 28, 2012. ~ D~t~ Yes/Aye No/Nay Abstain Absent ~ Withdrawn Chhstoph~ Taint S~ond~ ~ ~ ~ ~ Supt Hgwys Appt 2012-641 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set Next Meeting 9/11/12 4:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held~ Tuesday~ September 11~ 2012 at the Southold Town Hall, Southold~ New York at 4:30 P. Moo Vote R~ord ~ Resolution RES-2012-641 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulmld Voter [] [] [] [] [] Withdrawn ChlSstopher Talbot Seconder [] 0 [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albe~t Krupski Jr. Vote]' [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] 0 Town Clerk's Appt Scott Russell Voter [] [] 0 [] [] Supt Hgwys Appt [] No Action 2012-627 August 28, 2012 Page 4 Southold Town Board Meeting Minutes Tabled 8/14/2012 4.'30 PM CA TEGOR Y: Equipment DEPARTMENT: Highway Department AMENDED - Purchase Line Striper - State Contract Fiscal Impact: At the August 14, 2012, Town Board Meeting, Resolution 2012-627 was tabled. As Superintendent of Highways, I hereby submit a second request in order to receive approval to purchase a line striping machine. The reas~n f~r this request is that the Highway Department~s present p~rtab~e line striper is n~ longer reliable in the petformance of its needed functions. After repeated repair attempts (as well as the recent purchase of replacement part*9, it is no longer cost effective, in either time or money, to attempt .further repairs' to try to make this equipment reliably operational A new appropriation line item has been created specifically by the Accounting Department to accurately code this type pf equipment and this change should be noted as well. RESOLVED that the Town Board of the Town of Southold hereby approves the purchase by the Superintendent of Highways of one (1) line striper from the Suffolk County (DPW) Contract #PLS-053013 as follows: One (1) new Graco 248863 LineLazer IV 3900 portable two-gun paint striper, for the mrchase price of $5,190.00, and that the appropriation line to be charged for this ~quipment should be DB.5130.2.500.300. Vote Record - ReSOlution RE,%2012427 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [1 [] [] [] Supervisor's Appt Jill Doheriy Initiator [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [~ [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter ~ [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 627 COUNCILWOMAN DOHERTY: This was tabled tYom two weeks ago and the reason why it was tabled is we didn't have time to have a conversation with Mr. Harris and we have since and the reason for the request is that the present portable line striper is no longer reliable in the performance of its needed functions. After repeated repairs, it is no longer cost effective in either time or money to attempt further repairs to try to make this equipment reliable or operational. 2012-642 August 28, 2012 Page 5 Southold Town Board Meeting Minutes CATEGORY: DEPARTMENT: Employment - FIFD Accounting Appoint dobina Miller Account Clerk RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted August 15, 2012 that appointed Jobina Miller to the position of Account Clerk. Vote Record - Resolution RES~2012-642 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] El [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albe~l Kmpski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans 'Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Initiator [] Supt Hgwys Appt [] No Action 2012-643 CA TEGOR Y: DEPARTMENT: Employment - Town Accounting Hire Detention Attendant-Police Department RESOLVED that the Town Board of the Town of Southold hereby appoints Renee Phelps to the position of Detention Attendant for the Police Department, effective August 28, 2012, at a rate of $16.46 per hour. Vote Record - Resolution RES-2012-643 [] Adopted [] Adopted as Amended [] Del~ated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Sup~Msor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter 171 [] [] [] [] Town Clerk's Appt Scott Russell Voter [] : [] [] [] [] Supt Hgwys Appt [] No Action August 28, 2012 Page 6 Southold Town Board Meeting Minutes 2012-644 CATEGORY: DEPARTMENT: Advertise Police Dept Po[ice Department-Request to Advertise for Detention Attendant RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for the position of Detention Attendant for the Police Department at rate of $16.46 per hour. Vote Record - Resolution RES-2012-644 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisods Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans --Initiator ~ ~ [2] ~ [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-645 CA TEGOR Y: DEPARTMENT: Budget Modification Accounting Budget Modification Highway Fund Part Town Fiscal Impact: Increase retiremenl appropriation for Highway Fund./br reapportionment of invoice based on actual salaries paid. Iht the period 4/1/11 to 3/31/12. RESOLVED that the Town Board of the Town of Southold hereby modifies the Highway Fund 2012 budget as follows: From: DB.9030.8.000.000 Social Security Benefits Total To: DB.9010.8.000.000 NYS Retirement Total $13,800 $13,800 $13,800 $13,800 Vote Record - Resolution RES-2012-645 [] Adopted [] Adoptcd as Amended Yes/Aye No/Nay Abstain Absent August 28, 2012 Page 7 Southold Town Board Meeting Minutes [] Defeated William Ruland Voter [] [] [] [] [] Tabled Christopher Talbot Initiator [] [] [] [] Withdrawn Jill Doherty Seconder [] El [] Supervisor's Appt Albert Krupski Jr. Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-646 CATEGORY: DEPARTMENT: Attend Seminar Information Technology SLOSH Map Program Application Training Seminar Fiscal Impact: The National Weather Service and SufJblk County OEM have teamed up to present a re-fresher training class on the use of the SLOSH program. This program was used during TS Irene to assist with storm surge expectations and evacuation decisions and proved to be a very useful tool. The class will be conducted at the Suffolk County EOC on Thursday, August 30, 2012from 0900 to 1300hrs. RESOLVED that the Town Board of the Town of Southold hereby grants permission to Lloyd Reisenberg to attend a seminar on SLOSH Map Training in Yaphank, NY, on August, 30 2012. All expenses for registration, travel to be a legal charge to the 2012 budget (meetings and seminars). Vote RecOrd - Resolution RES-2012-646 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye : No/Nay Abstain Absent [] Tabled William Ruland Seconde~ [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Dohe~'ty lnilialor [] [] [] [] [] Tax Receiver's Appt Albel~ Krupski Jr Voter [] [] [] [3 [] Rescinded Louisa P Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-647 CATEGORY: DEPARTMENT: Attend Seminar Information Technology August 28, 2012 Page 8 Southold Town Board Meeting Minutes Organizing and Managing the Local Eoc Fiscal Impact: The New York State Emergency Management Office is sponsoring a course on Organizing and Managing the Local EOC, which is a newly developed jurisdiction-specific training course designed to address the DHS Target Capability of providing Multi-Agency Coordination (MAC)for incident management through the activation and operation of the emergency operations center (EOC). RESOLVED that the Town Board of the Town of Southold hereby grants permission to Chief Martin Flatley, Lloyd Reisenberg and Erick Haas to attend a seminar on Emergency Operations Center Management in Yaphank, NY, on September 25 and 26, 2012. All expenses for registration and travel to be a legal charge to the 2012 budget (meetings and seminars). Vote Record - Re~otution RES-20i2~? [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] O__ [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-648 CA TE GO R Y: DEPARTMENT: Employment - Town Accounting Resignation Robert Dumouchel RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted August 15, 2012 that accepted the resignation of Robert Dumouchel. Vote Record - Re~olution RES-2012-648 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland Seconder [] [] [] [] El Tabled Christopher Talbot Voter [] [] [] [] [3 Withdrawn Jill Dohecty Vote~ [] [] [] [] [] Supervisor's Appt AIbe~l Krupski Jr Initiator [] [] [] O [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell : Voter [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action August 28, 2012 Page 9 Southold Town Board Meeting Minutes I 2012-649 CA TE GO R Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute the Agreement Between the Town of Southold and the County qf St4ffolk, in Connection with the iVYS Office of Homeland Security Grant Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and the County of Suffolk~ acting through its duly constituted Sheriff's Offiee~ in connection with the NYS Office of Homeland Security Grant Program regarding grant funds in the sum of $110,500.00 for Operation Shield administered by the Suffolk County Sheriffs Office in partnership with the East End Marine Task Force, for the term commencing on January 1,2012 and ending on December 31, 2012, subject to the approval of the Town Attorney. Vote R~cor~l - R~olafion RE~2012-649 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albelnt Krupski Jr. Voter [] [] [] [] [] Rescind~xl Louisa P Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt 2012-650 CATEGORY: DEPARTMENT: Employment - FIFD Accounting Appoint Emily Peabody PT Clerk RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted August 17, 2012 that appointed Emily Peabody to the position of part-time Clerk. ,,~ Vote Record - Resolution RES-2012-650 [] Adopted [] Adopted as Amended [] Deli~atcd William Ruland Yes/Aye No/Nay Abslain Votcr [] [] [] August 28, 2012 Page 10 Southold Town Board Meeting Minutes [] Tabled Christopher Talbot Initiator [] Withdrawn Jill Doherty Voter [] Supervisor's Appt Alber~ Krupski Jr. Voter [] Tax Receiver's Appt Louisa P. Evans Seconder [] Rescinded Scott Russell Voter [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-651 CA TEGOR Y: DEPARTMENT: Employment - FIFD Accounting Appoint Robert J. Lavin Jr. PT Purser RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted August 17, 2012 that appointed Robert J. Lavin Jr. to the position of part-time Purser. Vote Record - Retention RES-201~-651 gl Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] 13 [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor~s Appt Jill Doherty Initiator [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P Evans Voter [] [] [] [] 13 Town Clerk's Appl Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-652 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoint Logan G/k/ewe# FT Deckhand RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted August 17, 2012 that appointed Logan Glidewell to the position of tull time Deckhand. August 28, 2012 Page 11 Southold Town Board Meeting Minutes Vote Re~ord ~ Reso!utio~ RE8~2012-652 ~ Adopted [] Adopted as Amended [] Defeated Yes/Aye NofNay Abstain Absent [] Tabled William Ruland Initiator 17I ~ ~ ~ U1 [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doheay Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter 1~ [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] ~ [] [] Supt Hgwys Appt [] No Action 2012-653 CA TEGOR Y: DEPARTMENT: Authorize to Bid Town Clerk Advertise.for Bid - Used PD Vehicles RESOLVED that the Town Board of the Town of Southold hereby declares the following vehicle to be surplus: Asset# Vehicle VIN Minimum Bid 3167 2004 Ford CVC 2FAHP71W14XI64588 $440.00 And be it further RESOLVED that the Town Clerk is hereby authorized and directed to advertise same for bid. Vote R~cord - Resolution RES-2012-653 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay ~~Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Ch~Sstopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski JL hxitiator [] [] [] [] [] Rescinded Louisa P Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-654 August 28, 2012 Page 12 Southold Town Board Meeting Minutes CATEGORY: DEPARTMENT: Budget Modification Accounting Budget Modification for Anti-Bias Task Force Picnic Fiscal Impact: Appropriate donations and allocate contingencies for Anti-Bias task Force community picnic RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2012 budget as follows: Increase Revenues: A.2705.40 Gifts and Donations, Other Donations Decrease Appropriations A. 1990.4.100.100 Unallocated Contingencies Net Total $210 $596 $806 Increase Appropriations: A.1010.4.600.775 Town Board, Anti-Bias Task Force $806 Net Total $806 Vote Record - Resolution RES-2012-654 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [3 [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [3 [] [] Rescinded Louisa P Evans hfitiator [] [] [3 [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [~ Supt Hgwys Appt [] No Action 2012-655 CA TE G O R Y: DEPARTMENT: Budget Modification Accounting Budget Modification [br Tax Receiver Fiscal Impact: Cover over-expended overtime and aaticipated December 2012 needs.[hr seasonal Tax Cashiers and meeting/seminar line.Iht Association of Towns meeting. RESOLVED that the Town Board of the Town of Southold hereby modifies the Receiver of Taxes 2012 budget in the General Fund Whole Town as tbllows: August 28, 20t2 Page 13 Southold Town Board Meeting Minutes From: A.1330.1.300.100 To: A.1330.1.300.200 A.1330.4.600.200 Seasonal Employees, Regular Earnings Total $570 $570 Seasonal Employees, Overtime Earnings $400 Meetings & Seminars 170 Total $570 Vote Record - Resolution RES-2012-6~5 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot initiator [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-656 CA TEGOR Y: DEPARTMENT: Committee Appointment Human Resource Center Permission to Accept Committee Appointment Fiscal Impact: Quarterly meetings are held in St!ffblk County during regular business hours thereJbre no overtime will he incurred. Resolved the Town Board of the Town of Southold hereby grants permission for Karen McLaughlin, Town Director of Human Services to accept appointment and serve as Chairperson of the Long Term Care Council for Suffblk County's New York Connects Program for a term of one year. Vote Record - Resolution RES-2012-656 [] Adopted ~ Adopted as Amended Yes/Aye No/Nay Abstain Absent August 28, 2012 Page 14 Southold Town Board Meeting Minutes 2012-657 CA TEGOR Y: DEPARTMENT: Budget Modification Town Attorney TA Budget Modification Fiscal Impact: for the purpose of covering expenses associated in connection with legal books and legal research as it relates to a new Westlaw Agreement which includes additional publications and continuing legal education services RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2012 Town Attorney budget as follows: TO: A.1420~4.100.200 Town Attorney, Books/Research Materials +$3,500.00 FROM: A.1420.4.600.600 Town Attorney, Dues & Subscriptions -$3,500.00 Vote Record - Resolution RE8-2012-657 [] Adopted [] Adopted as Panended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] : [] [] [] [] Withdrawn Christopher Talbot Voter [] '~ [] [] [] [] Supervisor's Appt Jill Dohe~ry Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] '~ [] [] [] [] Supt Hgwys Appt [] No Action 2012-658 CA TE GO R Y: DEPARTMENT: Budget Modification Highway Department 2012 Budget Mod~/ication - Highway Fiscal Impact: The reason for submission of this budget line item change is due to the fitct that a newly created Machinery Equipment line is in need offimding due to the proposed purchase pla Line Striper. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Highway August 28, 2012 Page 15 Southold Town Board Meeting Minutes Fund Part Town budget as tbllows: From: DB.5110.4.100.550 To: DB.5130.2.500.300 General Repairs Contractual Expense Supplies & Materials Equipment Parts/Supplies $ 5,190.00 TOTAL: $ 5,190.00 Machinery Equipment & Capital Outlay Other Equipment Other Equipment $ 5,190.00 TOTAL: $ 5,190.00 ~' Vote Record - Re~Olution RES-2012-658 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [3 [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] ~ Tax Receiver's AppI Albert Kmpski Jr. Initiator [] [] [] [] [] Rescinded I Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-659 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute the Agreement Between the Town pf Southold and Wayne L Galante, Certified Court Reporter, or His Agent, in Connection with Court Reporting Sera,ices RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and Wayne I. Galante~ Certified Court Reporter~ or his agent~ in connection with Court Rel~ortin~, Services for the Board of Trustees, for the period from January 1~ 2012 through December 31. 2012, subject to the approval of the Town Attome, Vote Record - Resolution RES-2012-659 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter ~ [] [] [] [] Del~ated Christopher Talbot Seconder [] [] [] [] [] Tabled Jill Dohel~y Votcl [] [] [] [] August 28, 2012 Page 16 Southold Town Board Meeting Minutes [] Withdrawn Albert Krupski Jr. Voter [] Supervisor's Appt Louisa P. Evans Initiator [] Tax Receiver's Appt Scott Russell Voter [] Rescinded [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-660 CA TE GO R Y: DEPARTMENT: Employment - Town Accounting Acknowledge Civil Service Title Change RESOLVED that the Town Board of the Town of Southold hereby acknowledges the title change of Lucille Cappabianca from Part Time Legal Stenographer to Part Time Legal Secretary as directed by Suffolk County Civil Service, rate of pay to remain the same. ,t' Vot~ Record - Re~olm~ion RES-2012-660 . r [] Adopted [] Adopted as A~nended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator El [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] O Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt ~ [] No Action 2012-661 CATEGORY: DEPARTMENT: Budget Modification Solid Waste Management District SWMD Budget Modification Fiscal Impact: For liquidation (?f accumtdated employee comp time. Purchase pi'new grinder screens. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Solid Waste Management District budget as fbllows: August 28, 20t2 Page 17 Southold Town Board Meeting Minutes From: SR 8160.1.100.100 (Personal Services - Full Time Regular Earnings) SR 8160.4.400.840 (Hazardous Waste Removal) $ 3,000 $ 3,000 $ 6,000 To.' SR 8160.1.100.200 (Personal Services - Full Time Overtime Earnings) $ 3,000 SR 8160.4.100.596 (Maint/Supply CBI Grinder) $ 3,000 $ 6,000 Vote R~ord - Re~olution RE8-2012-661 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot : Voter [] ~ [] [] ~ [] [] Supervisor's Appt Jill Dohecty : Initiator [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] ~ [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt ~ [] No Action 2012-662 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute the Modification Agreement Form Between the Town ~?['Soulhold and the New York State Department qf State RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Modification Agreement Form between the Town of Southold and the New York State Department of State in connection with amending the Budget for Agreement #C006878 (Stormwater Management in the Town of Southold~ Phase II), subject to the approval of the Town Attorney. Vote Reco~d - Resolutio~ RES-2~12-662 · · ~ ' [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent August 28, 2012 Page 18 Southold Town Board Meeting Minutes 2012-663 C~4TEGORY: DEP~4RTMENT: Budget Modification Highway Department 2012 Budget Modification - Highway Fiscal Impact: The reason for submission of this budget line item change is due to thejhct that it is necessary for the Highway Department to rent a track excavator (as this is the only piece of equipment which could properly clean out the boggy bottom of the Town's Theresa Drive, Mattituck, drainage sump). This is a specialized piece of off road heavy equipment. It is more cost effective to rent a track excavator for a short period of time rather than purchase one.fbr over two hundred thousand dollars. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Highway Fund Part Town budget as follows: From: DB.5130.4.400.650 To: DB.5130.4.400.300 Machinery Contractual Expense Contracted Services Maintenance & Repairs $ 5,400.00 TOTAL: $ 5,400.00 Machinery Contractual Expense Contracted Services Equipment Rentals $ 5,400.00 TOTAL: $ 5,400.00 Vote Reeord- Resolution RES-2012-663 [~ Adopted [] Adopted as Amended [3 Del~ated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] 13 Withdrawn Cbrlstophcr Talbot Voter [] [] [] [] [] Supe~/isor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Initiator [] El [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action August 28, 2012 Page 19 Southold Town Board Meeting Minutes 2012-664 CA TEGOR Y: DEPARTMENT: Authorize to Bid Supervisor RFP for 4ffordable Apartment Rentals RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for Request for Proposals for aflbrdable apartment rentals in the Town of Southold, details to be provided by Phillip Beltz. Vote Re~ord - R~olution RES-2012-664 ~ Adopted [] Adopted as Amended [] Defeated Yes/Aye NofNay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] ~ [] [] ~ ~ [] Supervisor's Appt Jill Doherty Voter [] [] ' [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] ~ [] [] [] [] Supt Hgwys Appt [] No Action 2012-665 CA TEGOR Y: DEPARTMENT: Aftbrdable Housing Town Clerk Set Maximum Pricing for A#brdable Housing RESOLVED that the Town Board of the Town of Southold hereby sets the maximum initial sales price and maximum allowable monthly rent for 2012 for newly created affordable housing units as follows: Home Purchase Price May Not Exceed Households earning 80% or less of the HUD median income for Nassau/Suflblk $215,000' Households earning 100% or less of the HUD median income for Nassau/Suflblk $268,750** *2.5 times the 80% median income for Nassau/Suflblk County ($86,000) **2.5 times the 100% median income for Nassau/Suffolk County ($107,500) August 28, 2012 Page 20 Southold Town Board Meeting Minutes Monthly Rental Amounts May Not Exceed (utilities not be included) Efficiency One Bedroom Two Bedroom Three Bedroom Four Bedroom $ 941'** $ 1008'** $ 1210'** $ 1397'** $ 1558'** * ** represents Nassau/Suffolk Low Home Rent Limit Vote R~eord. R~olution I~F-.8-2012-665 gl Adopted 13 Adopted as ,Mnended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] El [] [] [] Withdrawn Christopher Talbot Initiator [] ~ [] [3 [] [] Supervisor's Appt Jill Doherty Voter [] i [] [] [] [] Tax Receiveffs Appt AlbeCt Krapski Jr. Voter [] [] [] [] ID Rescinded Louisa P. Evans Seconder gt [] [] [] [] Town Clerk's Appt Scott Russell Voter gl ~ [] [] [] [] Supt Hgwys Appt [] No Action 2012-666 CA TE GO R Y: DEPARTMENT: Affordable Housing Supervisor Set Payment.fi~r MIFDU RESOLVED that pursuant to Chapter 240-10-B(2)(c)[2][a] of the Town Code, the Town Board of the Town of Southold hereby sets $215,000 as the amount of payment required per housing unit for Moderate Income Family Dwelling Units not built within the Town of Southoid's inclusionary zoning requirements. Said amount reflects two times the Nassau/Suffolk median income for a family of four in accordance with the Long Island Workforce Housing Act. Vote Record - Resolution RES-2012-666 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] DeJkated William Ruland SecondeY [] [] [] [] [] Tabled Christopher Talbot Voter [] [] [] [] [] Withdrawn [] Supervisor's Appt Jill Doherty Initiator [] [] [] [] [] Tax Receiver's Appt Albel~ Krupski Jr Votel [] [] [] [] [] Rescinded Louisa P Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appl [] No Action August 28, 2012 Page 21 Southold Town Board Meeting Minutes I 2012-667 CA TEGOR Y: DEPARTMENT: Sanitary Flow Credits Supervisor Set Sanitary Flow Credit Prices 2012 RESOLVED that the Town Board of the Town of Southold hereby sets the following prices for Sanitary Flow Credits transferred from the Sanitary Flow Credit Bank to an applicant pursuant to the procedures set forth in Chapter 117 of the Town Code: $10,000 per credit to be used to create an accessory apartment $12,500 per credit to be used to create a single family home Each credit is equivalent to 300 gallons per day of sanitary flow. A credit may be transferred to an applicant in fractional amounts no smaller than a tenth of a credit. ~ V0t~ Record - Re~olution RES-2012-667 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [2 [2 [2 [3 Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] I ~ [] [] [] Supt Hgwys Appt -- [] No Action 2012-668 CATEGORY: DEPARTMENT: Employment - Town Accounting Hire School Crossing Guard - Po/ice Department RESOLVED that the Town Board of the Town of Southold hereby appoints Renee Phelps to the position of School Crossing Guard fbr the post located at Cutchogue East Elementary School, Route 25, Cutchogue, at the daily rate of $101.00 effective September 10, 2012. ~ Vote Record - Resolution RES-2012-668 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent August 28, 2012 Page 22 Southold Town Board Meeting Minutes [] Delkated William Ruland Voter [] Tabled Christopher Talbot Voter [] Withdrawn Jill Doherty Voter [] Supervisor's Appt Albert Kmpski Jr. Initiator [] Tax Receiver's Appt Louisa P. Evans : Seconder [] Rescinded Scott Russell Voter [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-669 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Attorney PH 9/25/12 ~ 7.'32 PM LL/275 Amendments WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 28th day of August, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 25th day of September, 2012 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline". BE IT ENACTED by the Town Board of the Town of Southold as tbllows: 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 [bllows: August 28, 2012 Page 23 Southold Town Board Meeting Minutes § 275-2. Def'mitions; word usage. ........................ oo o. .......... n. 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). AQUACULTURE -- The raising or cultivation ofnurgcr3 ......... ov .......................... ~.~n,~. :~ n.-,:c~'~al ~,~: ......... ,~ ; ...... cc~^,,^~ living aquatic organisms. .......... j, ~-..o ........ ,.,, ............................ a~,. Bo of water within the boundaries of the Town of Southold excluding the Long Island Sound, Lakes and those defined under Creeks. BEACH -- The zone of unconsolidated earth that extends landward from the mean low water line to the seaward toe of a dune or bluff, or whichever is most seaward. Where no dune or bluff exists landward of a beach, the landward limit of a beach is 100 feet landward from the place where there is a marked change in material or physiographic form or from the line of permanent vegetation, whichever is most seaward. Shorelands subject to seasonal or frequent overwash or inundation are considered to be beaches. BOAT/VESSEL -- Any floating object capable of carrying people as a means of transportation in water, including an airplane capable of landing on water as well as any floating structure not otherwise considered to be part of a dock structure as defined herein, with or without means of propulsion, that can be moored independently or can be secured by any means to a piling, dock, bulkhead, groin, or other fixed device located above or below mean high water. This definition excludes floating docks and swim plattbrms. CRITICAL ENVIRONMENTAL AREAS -- All sites pr~ designated by the Town of Southold and/or Suflblk County .... ,r:,, ...... 2 ................ v ................. 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, rafi 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 August 28, 2012 Page 24 Southold Town Board Meeting Minutes 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 essemiat~ retained its intended purpose and use within ......... v ........ e, ..... v ............................, as determine e Board of Trustees. GROIN -- A man-made barrier typically perpendicular to the shoreline used to change the natural littoral drifi, prevent erosion, ' ' ' , or protect an area from wave energy. ~ JETTY Aman-madeb ' ~ .... .~:~,,~n~,~,~ ou^.~;-~ ~S~, 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 te ?. inches above existing soil or sediment grade on the down-drift side and shall not extend seaward of apparent low water. MATERIAL -- Soil, sand, stone, gravel, clay, bog, peat, mud, wood or any other material, including liquids, organic or inorganic. MEAN HIGH WATER (MHW) -- The average of all the high water heights observed over the i ' ' ight d h lf¥ ri d most prev ous .... * ............ '~ ........... v'---v ..... e eenan a a earpe o . MEAN LOW WATER (MLW) -- The average of all the low water heights observed over the most previousqm~-~,~r-~qaod eighteen and half year period. MOORING -- Anchoring for greater than ~4 48 hours other than in desigjaated anchorage areas as established by a governmental agency. NONDISTURBANCE BUFFER -- A vegetated area, a minimum cf 29 feet ':,'!fie er as designated by the Board of Trustees, immediately landward of the wetland boundary, shoreline structure, or other line designated by the Trustees where no operations, maintenance, placement of signs or other activities may take place, except that man-made debris may be removed from such area by hand without the permission of the Board of Trustees. NONTURF BUFFER -- A designated area where turf grass, pesticides and fertilizers are not permitted. Any pervious material allowing for percolation of surface runoff into the soil i~s allowed. Examples include: natura! native vegetation, wood chips, mulch, gravel, and sand. Decks may be allowed if they are level or pitched away from the water, are pervious to precipitation and are constructed of materials other than treated lumber. Any and all runoff generated by such structures must be allowed to percolate into the ground directly below the August 28, 2012 Page 25 Southold Town Board Meeting Minutes OPERATIONS (1) The machine excavation and/or removal of material from wetlands, ev Any othc, r::iga activity in freshwater or tidal wetlands or in any area within Trustee jurisdiction, including, but not limited to, ...... v .............. ,. ............. (2) the placement, repair or removal of structures, including, but not limited to, boats, floating docks, floats, dock components, duck blinds; or aa (3) The deposit or discharge of material on any area that results in the transport of said materials into wetlands or oth~a4se in any area within Trustee jurisdiction; or (4) The erection, construction, alteration, repair or enlargement of any building, dock, pier, wharf, bulkhead, jetty, groin, or any system or other structure, temporary or permanent, on wetlands, ~,u .... :~ · or ........... m any area within Trustee jurisdiction; o~ (5) Removing or otherwise affecting the growth of plants in wetlands or ctherv;i~,c 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 idi g th c ....... ~c ,, prov n access to ewater PIER LINE -- The average seaward projection of one or more existing permitted docks, piers, wharves or floats. T~, .......................................... oov ................... docks. SEASONAL STRUCTURES--- Structures that may not be installed prior to April I of each calendar year and must be removed by December 1 of each calendar year. SILT BOOM -- A structure deployed within the water column that is designed to prevent passage of suspended sediments and contaminants from spreading from the immediate project area to surrounding waters .... w,,2 .......... , ................ ~ ..... v ............. v,~J ........ SOUND -- Includes the following: Long Island Sound, Fishers Island Sound and Block Island Sound. SWIM PLATFORM Any structure, raft or floating plattbrm, that is not intended to be used to secure a boat or vessel, which is designed to float upon the surface of a water body and is secured in place by poles, pilings, anchors, or any other type of mooring system that provides access to the water. A swim platform includes the platform itself and any pilings or mooring system designed to keep the platibrm at a fixed point. August 28, 2012 Page 26 Southold Town Board Meeting Minutes TOWN WATERS -- All the waters within the boundaries of the Town of Southold lying over patent lands. ($cc dcSnitiv~n.) 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 alterniflom), salt hay grass (Spartina patens), black grass (Juncus gerardii), saltworts (Salicomia spp.), sea lavender (Limoneum spp.), marsh elder (Iva frutescens), groundsel (Baccharis halimfolia), marshmallow (Hibiscus spp.). § 275-3. Findings; purpose; jurisdiction; setbacks. 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. C. Jurisdiction: The tbllowing areas are subject to protection under Chapter 275 of the Code of Southold. August 28, 2012 Page 27 Southold Town Board Meeting Minutes (l) (2) (3) (4) (5) (6) Any freshwater wetland, tidal wetland, beach, bluff, dune, flat, marsh, swamp, 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) ~ Top of bluff. [4] Swimming pool and related structures: !00 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 o~r hcnicu!,"~:re 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, dam or other water-control device or c..... structure, (9) The demolition, removal, repair and/or upgrading of existing residential fuel tanks, fuel lines, fuel dispensers, installation or burial of a residential propane tank, including necessary site work, and provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. within (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, dc~cra and_aiding on 11 ) The relocation of an existing septic system from within Trustee jurisdiction to outside Trustee iurisdiction. 12) Flagpoles specifically used for that purpose, with a base not greater than 4 feet by 4 feet. l 3) 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. ¢-I-)(14) Notwithstanding the above listed exceptions, operations within a designated nondisturbance buffer are prohibited. § 275-5 Permit procedures. B. Administrative permit. August 28, 2012 Page 28 Southold Town Board Meeting Minutes (1) (2) The administrative permit review process is intended to provide for expedited review for projects that are deemed consistent with the Board's policy regarding protection of wetland resources. If the proposed operations meet with all the current setback requirements as defined by §275-3 and do not pose a threat to the overall function and condition of wetlands or adjacent buffer areas, applicants may request an administrative permit review. This review does not relieve the applicant of providing all the application requirements ({}275-6) or obtaining permits from other jurisdictions, including, but not limited to, New York State Department of Environmental Conservation and United States Army Corp of The following operations will be considered for administrative review, in accordance with the standards set forth in §275-11: (d) Remodeling or renovation ~ of a permitted structure, provided that such activity will not have an undue adverse impact on thc wet[ands and tidal waters of the Town. (-:19~:~ 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. (~(_h) Cutting of common reed (Phragmites australis) to within 12 inches of the soil sur[~ce landward of the wetland boundary. This does not include mowing to ground level. (z~)f~)The construction of a permitted bulkhead as per {}275-11, which is to replace an existing functional bulkhead, subject to the tbllowing: ¢)(i) Minor changes to existing, valid Trustee permits. The Trustees reserve the right to determine whether the changes qualify for administrative review. (4)~) Minor restoration or alterations of landscaping. (a~a) 1~ Decks. (a~)(m) Minor alterations to existing permitted shoreline structures including stairs, bulkheads and docks. (~ n(.g) Dredging work necessitated by the accumulation of silt from runoff or other circuinstances not the result of activity by or on behalf of the owner of the property. August 28, 2012 Page 29 Southold Town Board Meeting Minutes (3) An application for proposed aquaculture activity that includes surface mounting gear in an area greater than five square yards. Deer fenceS if located a minimum of 25 feet landward of the wetland boundary line or bulkhead line, whichever designated line is most landward. Under no circumstances are deer fences permitted in a non- disturbance area. Any such activities shall may require the addition ofa nonturf buffer area ncr t,~ ~-i~44~b~/i~ 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 ~ 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 cnc ;,'car 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) ,, ,t.~ ~: ..... ;~ ~c,~ ~^~a In addition to the requirements Drainage upgrade .............................. , 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 I1, § 275-6A(8), (11), (14) or § 275-11A(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 ora 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. August 28, 2012 Page 30 Southold Town Board Meeting Minutes § 275-7. Fees. Every non-administrative application for a :h-asmes wetlands permit filed with the 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 $59. $100. For ~ 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 cql.:a! ,,- v~. ~,~ .............................................. 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 CAed~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, whcn appropriate, ~ the Planning Department and ~ the Zoning Board ~a ~. The Conservation Advisory Council shall review said application and the effect, if any, on the wetlands and tidal waters of the Town that may result from the proposed operations and shall, within 20 days of receipt of the same, forward its written report of findings and recommendations with respect to such application to the Trustees. If the Conservation Advisory Council shall recommend that such application be disapproved, the reasons for such disapproval shall be set forth in such report. If no response s rece ve w n ays, ..... ~ .................. J ........ v .............w. the review by the Conservation Advisory Council shall be deemed waived. Administrative permits. An administrative permit includes operations that are deemed to have no adverse environmental impact, and a public hearing and notice are not required prior to issuance of a permit ~'~'- ~:-~' a~:o: ..... § 275-10. Contents of permit. August 28, 2012 Page 31 Southold Town Board Meeting Minutes t~.C~ The conditions imposed by the Trustees on the issuance of the permit. ~..D~. The specific location of the areas to be affected by the operations of the permittee. ~..E__:. A statement that "The validity of this permit is or may be subject to the approval of other governmental or municipal authorities. The Town accepts no responsibility in applying 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 govemmental or municipal authorities of its refusal or disapproval." Acceptance of the permit is acceptance of this condition. Ge.F_. A statement that "The permittee does, by the acceptance of this permit, assume all responsibility for operations undertaken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and property resulting from such operations. By such acceptance, the permittee also agrees to indemnify and save harmless the Town and its officers, agents and employees from any and all claims arising from operations under this permit and any and all acts or omissions of the applicant, his agents and employees." Acceptance of the permit is acceptance of this condition. ~.G~. A statement that "The permittee and the owner and occupants of the premises upon which the operations authorized by this permit are being conducted do, by the acceptance of this permit, give consent to the Town and its officers, employees and agents to enter upon the premises where such operations are being conducted to make such inspections to determine whether said operations are being conducted in conformity with the permit and, if necessary, to conduct said operations according to the performance guarantee (§275-9E). ~..H~. A statement that "The permittee is required to notify the Trustees in writing one week prior to initiation of any and all operations." ~.1_. A statement that "The permittee is required to notify the Trustees in writing upon completion of operations such that the site can be inspected for issuance of a certificate of compliance (§ 275-13)." K~.J_. A statement that "The permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Clerk's Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within 90 calendar days of issuance of this permit." L=.K~. 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 tbllowing standards are required for all operations within the jurisdiction of the Trustees: (1) Drainage upgrade. Applicants for a permit for any form of construction may be required to upgrade the site's drainage system such that all surface water generated from impervious surfaces shall be kept onsite through infiltration or August 28, 2012 Page 32 Southold Town Board Meeting Minutes (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 projection of homes in the general vicinity and homes on either side of the subject lot. Fences. (a) Trustees reserve the right to permit erection of a split-rail fence where the applicant has shown that there is a need to protect his/her private property. .... .~ ~ ........................ C.~ .......... d (b) Temporary or seasonal snow fences, at the Trustees' discretion, may be permitted upon a showing of need for erosion control. Such (c) Fences on a beach shall be perpendicular to the waterline and not closer than lO 20 feet to MHW the apparent high water mark. (d) Only one posted sign per 100 linear feet of fence is allowed on a split-rail fence. Posted signs shall be no larger than 12 inches by 12 inches square. Any fence, bamcade or impediment to pedesthan 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, Gore ~ or Bay Constable may remove or cause the removal of the illegal structure. If any fence, barricade or impediment is determined by the Building Inspector, the Office of Code Enforcement,Code ~c ....... , rm:~ 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 (_e) August 28, 2012 Page 33 Southold Town Board Meeting Minutes by law for the collection and enforcement of real property taxes in the Town of Southold. (6) ]~4~s-and Platforms. 3,T~ .4~1 ..... l~+.c .... l. nll [, .... ;~-~.4 ........ 1.1, .C., ~.l 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 bluff. Shoreline structures. (1) Bulkheads, retaining walls, revetments and gabions. (c) Bulkheads on the Sound .m~:~t may be armored with stone. (d) All bulkhead construction and renovation work requires the establishment of a permanent nonturf buffer as defined by §275-2. (e) Retaining walls are not permitted unless excessive erosion can be demonstrated. (f) In order to prevent the release of metals and other contaminants into the wetlands and waters of Southold, the use of lumber pre-treated with any preservative, including but not limited to chromated copper arsenate (also known as "CCA"), penta products, Alkaline Copper Quat (ACQ), or homemade wood preservatives is prohibited for use in sheathing and decking on structures in the wetlands as well as on any part of a structure in low tidal flow wetland areas as determined by the Trustees. Any use of creosote is prohibited. Preservatives of any type, including but not limited to those listed above, cannot be applied to any bulkheads, retaining walls or revetments after installation. Encapsulated pilings or native nonchemically treated (untreated) lumber only should be used in sensitive areas. (g) The use of tropical hardwoods is not permitted unless it is certified by the Forest Stewardship Council or similar organization. (h) New bulkheads in creeks and bays are prohibited, unless the operation involves construction of a low-sill bulkhead. No discharge pipes are allowed out of or over bulkheads unless permitted by the Trustees. Individual residential stairs are prohibited on bluffs in the Coastal Erosion Hazard Area if the property is part of an association that maintains a common stairway within a reasonable distance. (4) kl~l Lighting: Any and all lights associated with bulkheads, retaining walls, stairs or poles in Trustee jurisdiction must be directed on the subject structure and not out into the adjacent wetland, waterway or property. Lights shall not be on unless the waterfi~ont is in active use. (m)(1) Backfilling: Only clean sand can be used for backfilling in eroded and excavated areas as well as behind new and repaired bulkheads. Garbage, asphalt, and C&D materials are strictly forbidden fbr use as backfill behind bulkheads. In water. August 28, 2012 Page 34 Southold Town Board Meeting Minutes ( 1 ) Jetties (g) (2) Docks. [61 (b) and groins; general rules. All applicants for jetties and groins extending across the foreshore shall be required to give and maintain a public passing way, on-the-upland on the landward end of the ietty or groin as necessary, not less than fiYe-four feet in width, to enable persons to pass and repass over said structure by steps or a ramp allowing pedestrian passage. All docks and floats shall have the street address of the subject premises ...... '~ ~' .....'~ ~,,~-~ ......... permanently affixed to the most seaward face for identification. Said n~am~cr: 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 on the landward end of the dock, ~^+ ~ +u~ c...~ c~, : .... :a,u ............................... , to enable persons to pass and repass around said dock or by steps or a ramp allowing pedestrian passage. [ 1 O] Preexisting nonpermitted and/or nonconforming structures cannot be replaced in kind without full review and approval by the Trustees. [ 11 ] Personal watercraft or "jet ski" floats cannot be added to any float, stairway, or dock without a Trustee permit. Floats may not cumulatively exceed 120 square feet. [ 12] Lighting: Any and all lights associated with docks, floats or poles must be directed on the subject structure and not out into the adjacent wetland, waterway or property. Lights shall not be on unless the dock is in active use. [ 13] Utilities and Water: If power and/or water are to be installed on a dock, plans for the installation must be provided to the Trustees at the time of application, installation of such amenities on an existing permitted dock requires obtaining a permit amendment from the Trustees. Dock locations and lengths. [3][d] No floating docks, floats, dock components, ~r:,.c ~!in~s 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. August 28, 2012 Page 35 Southold Town Board Meeting Minutes § 275-14. Transferability. A valid Trustees' permit ~ may be transferred to another applicant by approval of the Trustees upon a determination of the Trustees that the structure in its current state conforms to the terms and conditions of the permit as issued. M~11 ~ 1~ e~.~C~l ..... ;~A ............. v ..... vv ............................... The fee for transferring 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-2012-669 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [3 [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albe~t Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans hfitiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] ~ [] [] [] O Supt Hgwys Appt I-1 No Action 2012-670 CA TEGOR Y: DEPARTMENT: Legislation Town Attorney LL/Amendments to 275 to SCPC & PB RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to forward the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shorelines" to the Suffolk County Plannin? Commission and the Southold Town Planning Board for their review and recommendation. ~ Vote Record - Resolution RES-2012-670 [] Adopted Yes/Aye No/Nay Abstain Absent ICl Adopted as Amended [ William Ruland Votcn' [] [] [] [~ August 28, 2012 Page 36 Southold Town Board Meeting Minutes [] Defeated Christopher Talbot Initiator [] El [] [] [] Tabled Jill Deherty Vot-'--'~ [] [] [] rl [] Withdrawn Albert Krupski Jr. Voter [] F1 [] [] [] Supetvisor's Appt Louisa P. Evans Seconder g~ FI El [] [] Tax Receiver's Appt Scott Russell Voter [] [] [] [] [] Rescinded [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-671 CA TEGOR Y: DEPARTMENT: Trailer Permit Town Clerk Weiss Trailer Permit RESOLVED that the Town Board of the Town of Southold hereby ~rants avDroval of the trailer permit application of Stephen and Marie Weiss, Cutchogue, New York, for a period of six (6) months from date of issuance, to locate a trailer/motor home on the property at 195 Bay Road, Cutchogue, SCTM itl 000-116-2-12 to be used as a temporary housing while a second story is added to the residence. ,r V~te Record - R~olution RES-2012-671 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder rd [] [] [] [] Withdrawn Clu'istopher Taltx~t Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Initiator [] [] [] [] [] Tax Receiver's Appt Alberl Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P Evans Voter [] [] [] [] [] Town Clerk's Appt Scotl Russell Voter [] [] [] [] [] Supt Hgwys Appt -- [] No Action 2012-672 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute the Agreement Bern'CCh the Town of Sottthohl and Robert Grigonis August 28, 2012 Page 37 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and Robert Grigonis in connection with removing a portion of the topsoil from the property known as SCTM #1000-55-1-5.1, subject to the approval of the Town Attorney. ~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator gt [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter gl ! [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] CI [] Rescinded Louisa P. Evans Voter [] ! [] [] : [] [] Town Clerk's Appt Scott Russell Initiator [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-673 C~4 TEGOR Y: DEPARTMENT: Public Service Town Attorney Waives the Application Fee Associated with the Resubmission qf the Application for Re-subdivision of Stanley ,1. Droskoski and Patricia A. Sepenoski RESOLVED that the Town Board of the Town of Southold hereby waives the application fee associated with the resubmission of the Application for Re-subdivision of Stanley J. Droskoski and Patricia A. Sepenoski. ~ Vote Record - Resolution RES-2012-673' [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Dohcl~y Voter [] [] [] [] [] Tax Receiver's Appt Albcll Kmpski Jr Initiator [] [] [] [] [] Rescinded Louisa P Evans Voter [] [] [] [] [] Town Clerk's Appt Scotl Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action August 28, 2012 Page 38 Southold Town Board Meeting Minutes Closing Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: That completes the business of the meeting. Would anybody like to address the Town Board on any issue? Robert Dunn, Peconic ROBERT DUNN: Robert Dunn, Peconic. (inaudible) at Goldsmith? I just wanted to ask you if we were any closer to SUPERVISOR RUSSELL: Are you talking about the reinforcement of the road down there? MR. DUNN: Yes. SUPERVISOR RUSSELL: We are getting all our ducks in a row now. Obviously we are still in the season, we all agree we should wait for the season is passed. MR. DUNN: Absolutely. SUPERVISOR RUSSELL: I already have a budget, I am working to develop the funds for that budget, for the work that is going to be done. We have already met with the highway superintendent, who will let us know how much he can do in house to reduce our costs. So that is all in motion now, we should hopefully be started I would say by the end of September. Assuming all the permits are complete. MR. DUNN: You and I both attended a recent meeting of Southold VOICE and there was a lawyer there who I know is at times adversarial to the town but I followed up on something he said, Supreme Court had stated the mean high water line is actually an 18.6 year period. So my question then would be, would it be possible in doing this armoring, that we perhaps just go back six months or a year and clean a little bit of the high tide that disappeared? SUPERVISOR RUSSELL: Well, we certainly will discuss that with the engineers. MR. DUNN: Thank you. SUPERVISOR RUSSELL: And you know, honestly, before we get going I can reach out to you, Hugh and some others so you know exactly what we want to do. And I know you are an engineer by trade, you can probably give us some good insight. MR. DUNN: I just think that nobody could really be angry that we did bring a little bit back. SUPERVISOR RUSSELL: Sure. August 28, 2012 Page 39 Southold Town Board Meeting Minutes MR. DUNN: I mean, the foundations are still out there in the water from houses that were there not that long ago. We don't have to go back 18 years. Who knew back 18 months we'd be in a much better position in terms of protecting the road. SUPERVISOR RUSSELL: Sure. I appreciate your insight. Thanks. COUNCILMAN KRUPSKI: Thank you. Benja Schwartz, Cutchogue BENJA SCHWARTZ: Good evening, Benja Schwartz, Cutchogue. Any further news on the bigfoot plastic baler? Anybody? We talked about it at the last Board meeting I think it was. COUNCILMAN KRUPSKI: I did talk to someone from (inaudible) .... MR. SCHWARTZ: Inaudible. COUNCILMAN KRUPSKI: No, this was someone that works at the dump and they said the cooperative extension came down and they tried to use it but it was impractical for three people to operate it because you have to feed the greenhouse plastic in manually and it's a lot more efficient for the greenhouse operator, if you are going to remove plastic, to rent the baler from cooperative extension so when you have the crews taking the plastic off the greenhouse, they are feeding in the baler on site instead of trying to load it so that you can unload it again and then try to detangle it and feed it in the baler at the dump. So they said it was a lot more efficient to have that done on site and they said they actually do take the greenhouse and boat shrink wrap plastic and recycle it currently. So it wouldn't make any sense for the town to have their own baler. MR. SCHWARTZ: Efficient and effective. If it works, if it takes a little more effort at least it can function. COUNCILMAN KRUPSKI: No, no. But if you owned a greenhouse... MR. SCHWARTZ: Of course, I understand what you said. And it makes a lot of sense. If you have a big enough greenhouse, you can make it worthwhile bringing the baler there. I just don't know if it is required to be rented. SUPERVISOR RUSSELL: I told you two weeks ago that Comell Cooperative was organizing through the agricultural community to take, you told me I was wrong but as it tums out, that is exactly what they are doing. They are organizing, if you have 50 acres and you have 30 acres of lot coverage, it makes sense for the baler to be brought on site, to bundle right there, rather than to handle it twice, bringing it to a landfill just to be bundled. The Comell Cooperative is very good about reaching out to the ag community and developing those types of projects. That is their fbrte. MR. SCHWARTZ: Far be it for me to question you. But the landfill is closed. SUPERVISOR RUSSELL: Well, the transfer station, whatever you want to call it. August 28, 2012 Page 40 Southold Town Board Meeting Minutes MR. SCHWARTZ: Right. What is there now is a transfer station. SUPERVISOR RUSSELL: That is correct. MR. SCHWARTZ: And I was informed by the Suffolk County that this plastic could be transferred, could be taken off the, of course, it is designed, the machine is designed to be brought to the greenhouses and to suck the plastic right off the greenhouse and that is the best, ideal way. But if there is no place to bring the plastic where it could be, if it could be stored somewhere and recycled, I think that is worth looking into, even if it takes a little of effort. COUNCILWOMAN DOHERTY: The transfer station does take the plastic. COUNCILMAN KRUPSKI: Yes, they recycle it now. If you... MR. SCHWARTZ: Are you familiar with the bigfoot baler? Do you know what you are... COUNCILWOMAN DOHERTY: I know what you are talking about but I what I am saying is the landfill takes in the shrink wrap and keeps it separate from everything else. They don't dispose it, there is a separate section and they transfer it out. MR. SCHWARTZ: That is not what I heard but alright. Who is Eric Haas? SUPERVISOR RUSSELL: Eric Haas is a custodian for the town. He is also one of the chiefs of the Mattituck fire department who serves on our emergency management team and he actually is our liaison to the county's emergency management team. MR. SCHWARTZ: Thank you for that clarification. Another interesting item on today's agenda was the line striper, you have got to be careful when you look it up because you can get confused with a line stripper, paint stripper. But the paint striper, I guess you decided tonight to buy a new paint striper? To strip the lines down the road. Where are you going to put the lines? SUPERVISOR RUSSELL: That decision was actually made by the highway superintendent. We more or less ratified that decision with a budget modification tonight, so he can go out and buy the striper. I believe he is looking at Village Lane, I am sorry, Love Lane in Mattituck and some other areas. I sure there is plenty of striping. You know, every time we resurface roads you have got to put new lines down. COUNCILMAN KRUPSKI: He said it is like a manual machine, so he can do parking lots, he can do cross walks. He can do, it is not just, it is not the one you hook on the truck and go down the road, it is a manual machine to do all the odd striping that we need, road painting type things. MR. SCHWARTZ: I think it is called a laser line striper or something. It has some, it is a little fancier than the little one you get for 100 bucks that you put a can of spray paint in. It is a two gun line striper. Paint striper. Two gun paint striper. Laser paint striper. I think maybe the August 28, 2012 Page 41 Southold Town Board Meeting Minutes highway department would welcome some guidance from the transportation committee and maybe the Town Board might be interested in where those lines would be appropriate, where we could put them. SUPERVISOR RUSSELL: The highway superintendent serves on the transportation committee. He is one of the members there. MR. SCHWARTZ: Okay. COUNCILMAN TALBOT: The reason he wanted it two weeks ago, at the time they were striping the parking lot behind Love Lane. MR. SCHWARTZ: Well, when you go out and spend you know, $5,000 plus on a paint striper, I think that might be a good time to think about the policy, if there is one and if there isn't one, maybe we could use a policy. I forget how many miles of roads we have in Southold, I think the highway superintendent mentioned that at the Fishers Island meeting, 400,000 or 400. A lot of roads. A couple of years ago, I requested and they put a new stop sign in, right across the street from me. Nobody stops there but do you think it would be appropriate to have a stop line? COUNCILMAN TALBOT: If they are not stopping at a stop sign, do you think they will stop at a stop line? COUNCILMAN KRUPSKI: Well, Chris, you are the liaison to the transportation committee, maybe somebody on that committee has insight into lines, if they are effective or not, I don't know. MR. SCHWARTZ: Yeah, I think it is worth looking into, whether or not there is some effect, whether it causes people to stop or assists them to stop in the appropriate place. On the way here tonight, I happen to look along the Main Road and noticed that none of the roads that, the off roads from the Main Road including Peconic Avenue or Peconic Lane, it is a nice little lane, it is not so little, that is a pretty major lane. And I think there has been a number of accidents in that location and in that area. I think a stop line, you know, I mean, I definitely don't want to go for .... COUNCILMAN TALBOT: You would be spending a lot of money in painting... MR. SCHWARTZ: For stop lights. COUNCILMAN TALBOT: You will be burning through that little striper before you know it. the reason why it wasn't such a waste of money, I spoke to the Superintendent of Highways and he said that, Peter said they had to go up to Huntington to get parts to rebuild the one that they were using, they spent about $1,000 in parts. They kept having to clean out the orifices and the gun coming out of there and it was just locking up .... MR. SCHWARTZ: l have no problem with it. August 28, 2012 Page 42 Southold Town Board Meeting Minutes COUNCILMAN TALBOT: And it was just a waste of money and time. They spent about 5 hours doing the lines over there were it should have taken two or three hours. MR. SCHWARTZ: I am very happy, I would like to borrow it. COUNCILMAN TALBOT: I just don't think that .... MR. SCHWARTZ: I will even buy my own paint. COUNCILMAN TALBOT: My opinion of lines on the road, if the people aren't stopping at stop signs, you know, and you reference Peconic Lane, people run through the light there and have accidents, so a line is not going to stop them if the stop sign doesn't stop them. MR. SCHWARTZ: Well, there are other uses for lines on the road. The fact is that our roads are quite unsafe for many reasons but one of the reasons that I have heard that they are too wide, so people tend not to pay too much attention and to wander from side to side and maybe go up into the shoulder. Now... COUNCILMAN TALBOT: That could happen (inaudible) MR. SCHWARTZ: Just a possibility and I don't want to buy the paint to paint 400 miles of road or whatever but maybe one or two roads might be interesting to see, even if we took some of the side roads and put lines demarcating the shoulders so that people who are already there walking and bicycling would feel a little more com/brtable and the cars would tend to stay more in their lanes. COUNCILMAN KRUPSKI: They did that at the end of Skunk Lane, fi'om the causeway up to Pine Tree they did that, to give people a sense of that's where the shoulder was, to bike and to walk. MR. SCHWARTZ: How did it, did we get any reactions from that'? COUNCILMAN KRUPSKI: From what I have seen, it seems to work. The drivers in the lane and the bikers in their lane. MR. SCHWARTZ: Well, congratulations on your new lines. Line striper, paint striper. The other day I was looking at the town board meeting on the website and I noticed there is an icon. It says downloads. Agenda, agenda packet, minutes, minutes packet or video. You can click on that and download a copy of the town board meeting video, right? It would be nice if it worked. It could work, it did work at least from what 1 have been told by the company that does the website. Someone in the town disabled the feature to download the video. Do you know anything about this? August 28, 2012 Page 43 Southold Town Board Meeting Minutes TOWN CLERK NEVILLE: What days did you do this, Benjamin? Because it worked after the meeting. MR. SCHWARTZ: Oh, a couple of months ago. But ifI may... TOWN CLERK NEVILLE: And you are saying it doesn't work now? I have gone on and watched it myself. I don't know what you are talking about. MR. SCHWARTZ: We are talking about... TOWN CLERK NEVILLE: Maybe you had one day .... MR. SCHWARTZ: No, no. we are not talking about watching it online, we are talking about downloading a copy of the file. One advantage of downloading a copy of the file would be that people that have Mac computers could watch it on their computers. They cannot watch it, at least conveniently with the current technology there. The silverlight is limited to Microsoft pc's. Windows pc's but that is not the only reason why people would want a copy of the file. And I am told that there is a place in the administration panel for that website that you can permit the downloading of the videos and that somebody, that it is, it was disabled. That by default it should be enabled. So that is what 1 have been told, if you would look into that, I will be back. Or you can contact me if you would like, I would appreciate it. Let me know what you find. TOWN CLERK NEVILLE: I will look into it. I didn't know anything about it being disabled. MR. SCHWARTZ: Nobody knows anything about it, is that right? COUNCILMAN TALBOT: Never tried to download one. MR. SCHWARTZ: Does anybody, oh, okay. Well, since you liked my poem so much last week, 1 wrote one specially for Scott. SUPERVISOR RUSSELL: I wrote one just for you. Roses are red, violets are blue. We are going to keep this meeting brief and so are you. Please get on to a point that is succinct. MR. SCHWARTZ: ! wasn't talking about a poem, I was talking about poetry. What is the point? SUPERVISOR RUSSELL: That is what we are trying to determine. We are trying to see that point. MR. SCHWARTZ: Are you going to at least try to listen? SUPERVISOR RUSSELL: I do. I am known for my listening. You know Benja, every two weeks you come in here and treat this like some public forum to turn this whole thing into a carnival. August 28, 2012 Page 44 Southold Town Board Meeting Minutes MR. SCHWARTZ: That's right. It is a public forum. I think it is a public forum. SUPERVISOR RUSSELL: But this isn't some carnival dunk tank, you wildly throw accusations thinking you are going to hit a target and knock us into the water. And the fact is, we are just asking you to get to the point, be succinct. You serve one purpose and that is to make me miss Joan Egan each and every day, alright? Let's get to the point so we can go home. It's been a long, long day. MR. SCHWARTZ: Alright, thank you for your kind words and your sincere appreciation of my taking my time to come here because I am not being paid for this, you are. I think this is a public forum .... SUPERVISOR RUSSELL: You are right. MR. SCHWARTZ: I think I have a right to be here .... SUPERVISOR RUSSELL: And I have been more than .... MR. SCHWARTZ: And I have a right for you to listen to me. COUNCILMAN TALBOT: Benja, not in the case of reading poetry. MR. SCHWARTZ: Oh, 1 think that is extremely ignorant to say that. poetry is one of the most important functions of human beings and that is the way people communicate. SUPERVISOR RUSSELL: I studied it in college, I know. MR. SCHWARTZ: Well, if you don't understand what I am talking about and I make many points, and I have the right to read a poem. So if you will shut up, I will read it. SUPERVISOR RUSSELL: Benja, you have the right but please be succinct. MR. SCHWARTZ: I will. I am trying to be, you are the ones that are dragging this out. The point is one of many. Some points are important. Some are not. No point is as important as the whole. Every point is part of the whole. The whole is much more than the sum of all points. The whole is something you can point at. The whole is not the point. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Would anybody else like to follow that? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:08 P.M. August 28, 2012 Page 45 Southold Town Board Meeting Minutes RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Albert Kmpski Jr., Councilman AYES: Elizabeth A. Neville Southold Town Clerk Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell