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Home My WebLink AboutAG-11/07/2012ELIZABETH 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 November 7, 2012 7:01 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Agenda is generally available the Friday before the meeting. The video of the meeting is usually available 1-2 hours after the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed in one of two ways: (1) The town of Southold website: southoldtown.northfork.net Click on "Town Board On- Line"; Click Box "Yes" to be redirected to IQM2 and you will then be redirected to the Town Clerk online site. (2) www.townclerk, com Enter zip code 11971 in box on lower right hand side and "enter". On the left hand side of screen a dark blue box will pop up, you will see "Town of Southold, Long Island, NY", click on this and another box will pop up that will tell you that you are being directed to another site click on "Yes" to go into the Town Clerk site. Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the meeting by clicking on the camera symbol. All of this information is available 24/7. If you would like help navigating the site, please feel free to call my office 631-765-1800. CALL TO ORDER 7:01 PM Meeting called to order on November 7, 2012 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrived Councilman William Ruland [] [] [] Councilman Christopher Talbot [] [] [] Councilwoman Jill Doherty [] [] [] Southold Town Meeting Agenda - November 7, 2012 Page 2 Councilman Albert Krupski Jr. [] [] [] Justice Louisa P. Evans [] [] [] Supervisor Scott Russell [] [] [] I. REPORTS 1. Special Projects Coordinator October 2012 2. Land Tracking Third quarter of 2013 3. Budget Report September 2012 4. Solid Waste District August 2012 September 2012 October 2012 II. PUBLIC NOTICES III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 - Peter Harris and Michael Collins Update on mechanics building for Highway Dept. 2. 9:15 - Peter Harris Fall clean-up 3. 9:30 - Heather Lanza Proposed zoning legislation for Plum Island and Little Gull Island 4. 9:45 - Mark Terry, Planning Dept. Update on Goldsmith Inlet Watershed Restoration project 5. Road Closure Notification Per Councilwoman Doherty 6. LL/Amendments to Chapter 83, Pet & Livestock Waste (Set for Public Hearing) 7. Advertisement for Fishers Island Planning Board Member 8. Yellow Bag Fees for 2013 9. Waiver of Tipping Fees for Storm Debris Southold Town Meeting Agenda - November 7, 2012 Page 3 10. 11. 12. 13. 14. 15. Waiver of Tipping Fees for Storm Related C & D Waiver of Building Dept. Permit Fees for Storm Related Damage Town-Wide Fall Clean-Up for Brush and Leaves Post-Storm Related Misc. Discussion Executive Session - Labor Matters involving employment of particular person(s) Update on CSEA contract negotiations Executive Session - Litigation Town of Southold v. Rose's Vineyard, LLC & Joseph Paul Winery, Inc. d/b/a Vineyard 48 Town of Southold v. Go Green Sanitation Inc., et al. Stankevich v. Town of Southold Village of Greenport and Kace LI LLC v. Town of Southold, et al. ¥. RESOLUTIONS 2012-812 CA TEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated November 7~ 2012. Vote Record Resolution RES 2012 812 [] 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 2012-813 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Southold Town Meeting Agenda - November 7, 2012 Page 4 Set Next Meeting 11/20/12 4.'30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held~ Tuesday~ November 20~ 2012 at the Southold Town Hall~ Southold~ New York at 4:30 P. Moo Vote Record Resolution RES 2012 813 [] 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 2012-807 TO BE TABLED AGAIN Tabled 10/23/2012 7:30 PM CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Integrated Wireless Technologies RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute Integrated Wireless Technologies LLC's Proposal dated October 18, 2012, and any other documents required for the purchase and installation of a Radio Communications System that will provide for Town-wide repeated talk channel for interoperability and mutual aid communications between the Fire Districts and Town entities, at cost not to exceed $60,668.06, subject to the approval of the Town Attorney. Vote Record Resolution RES 2012 807 [] 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 - November 7, 2012 Page 5 2012-814 CATEGORY: DEPARTMENT: Attend Seminar Town Clerk Attend Seminar - Assessor RESOLVED that the Town Board of the Town of Southold hereby grants permission to Assessor Darlene Duffy to attend an Ethics Class required by New York State on November 16, 2012 in Hudson, NY. All expenses for lodging, travel, and meals to be a legal charge against the Assessors 2012 budget. Vote Record Resolution RES 2012 814 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] With&'awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2012-815 CATEGORY: Authorize to Bid DEPARTMENT: Town Clerk Bid on Used Equipment RESOLVED that the Town Board of the Town of Southold hereby declares the following equipment to be surplus: Polaroid Identification Data and Imaging: · Camera Serial# A7020B Asset #2334 · Laminator Serial # H7070B be it further RESOLVED that the Town Clerk is hereby authorized and directed to advertise for sale of same. Southold Town Meeting Agenda - November 7, 2012 Page 6 Vote Record Resolution RES 2012 815 [] 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 2012-816 CATEGORY: DEPARTMENT: Advertise Town Clerk A dvertisefor FI Planning BoardMember RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for a Fishers Island Planning Board member. Vote Record Resolution RES 2012 816 [] 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 2012-817 CATEGORY: Employment - FIFD DEPARTMENT: Accounting ~lppoint ~arshall Henderson Smith Part Time Deckhand RESOLVED that the Town Board of the Town of Southold hereby amends resolution TBR-795 adopted October 23, 2012 and ratifies and approves the resolution of the Fisher Island Ferry Southold Town Meeting Agenda - November 7, 2012 Page 7 District adopted October 15, 2012 that appointed Marshall Henderson Smith to the position of )art time deckhand. Vote Record Resolution RES 2012 817 [] 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 2012-818 CATEGORY: DEPARTMENT: Budget Modification Town Clerk Establish 2012 Capital Budget for Record Restoration Financial Impact: 2012 Capital Budget to Restore Early Town Records RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the followin~ Capital Project in the 2012 Capital Budget: Capital Project Name: Restore Early Town Records Financing Method: Budget: Revenues: H.5031.36 Appropriations: H. 1460.2.400.200 Transfer from General Fund Whole Town Int erfund Transfers Restore Early Town Records Records Management Capital Outlay Contracted Services Restore Early Town Records $5,500. $5,500. Vote Record Resolution RES 2012 818 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland [] [] [] [] [] Defeated Ctn'istopher Talbot [] [] [] [] [] Tabled [] Withch-awn Jill Doherty [] [] [] [] [] Supemsor's Appt Albert Krupski Jr. [] [] [] [] Southold Town Meeting Agenda - November 7, 2012 Page 8 [] Tax Receiver's Appt Louisa P. Evans [] Rescinded Scott Russell [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-819 CATEGORY: DEPARTMENT: Refund Planning Board Return Fee Financial Impact: Resolved that the Town Board of the Town of Southold hereby refunds the Preliminary Plat subdivision application fee of $4,000 received by the Planning Board on September 13, 2012 to the applicant, William Baxter. This payment was a duplicate of one submitted previously. v' Vot~ Record Resolution RES 2012 819 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ctn'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-820 CATEGORY: DEPARTMENT: Public Service Town Attorney Waive Building Permit Fees RESOLVED that the Town Board of the Town of Southold hereby waives building permits fees for any repairs or construction, that in the sole discretion of the Building Inspector, are determined to be related to Superstorm Sandy. v'VoteRecord Resolution RES 2012 820 [] Adopted Yes/Aye No/Nay Abstain Absent Southold Town Meeting Agenda - November 7, 2012 Page 9 [] Adopted as Amended William Ruland [] Defeated Ctn'istopher Talbot [] Tabled [] Withch-awn Jill Doherty [] Supe~wisor's Appt Albert Krupski Jr. [] Tax Receiver's Appt Louisa P. Evans [] Rescinded [] Town Clerk's Appt Scott Russell [] Supt Hgwys Appt [] No Action 2012-821 CATEGORY: DEPARTMENT: Public Service Town Attorney I/Vaive lip Fees RESOLVED that the Town Board of the Town of Southold hereby waives tipping fees for disposal of storm related yard, household and construction/demolition debris only, until December 4, 2012. Vote Record Resolution RES 2012 821 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ctn'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2012-822 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA LL: Amendments to Chapter 83 RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed Local Law entitled "A Local Law in Relation to Amendments to Chapter 83~ Southold Town Meeting Agenda - November 7, 2012 Page 10 Animals, in connection with Pet and Livestock Waste" is classified as a Type II action pursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Vote Record Resolution RES 2012 822 [] 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 2012-823 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorize Supervisor to Sign Contract with Weston & Sampson CMR, ]nc. for Maintenance ofF] Pumpout Station RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Preventative Maintenance A~reement between Weston & Sampson CMR, Inc. and the Town of Southold for the maintenance of the Fishers Island Pump Station for a total of two visits at a total contract price of $2,174.00 for 2013, subject to the approval of the Town Attorney. Vote Record Resolution RES 2012 823 [] 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 - November 7, 2012 Page 11 2012-824 CATEGORY: DEPARTMENT: Authorize Payment Town Attorney Authorize Payment to Latham Sand & Gravel RESOLVED that the Town Board of the Town of Southold hereby authorizes a payment to Latham Sand & Gravel, Inc. in the sum of $2,767.50 in connection with grading of sand at Town Beach following Superstorm Sandy which was necessary to protect the beach and parking area from further damage (to be a legal charge to A. 1620.4.400.200). Vote Record Resolution RES 2012 824 [] 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 2012-825 CATEGORY: DEPARTMENT: Employment - Town Public Works DPW Employee Resignation RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Michael Hubbard from the position of Custodial Worker I in the Department of Public Works, effective November 7, 2012. Vote Record Resolution RES 2012 825 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended -- [] Defeated William Ruland [] [] [] [] [] Tabled Ct~'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 Southold Town Meeting Agenda - November 7, 2012 Page 12 2012-826 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact LL Re: Chapter 83 WHEREAS, there had been presented to the Town Board of the Town of Southold, Suffolk County, New York, onthe 9 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" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefore be it RESOLVED the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 83~ Animals~ in connection with Pet and Livestock Waste" that 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. Southold Town Meeting Agenda - November 7, 2012 Page 13 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~+~, 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. v'VoteRecord ResolufionRES 2012 826 [] Adopted Yes/Aye No/Nay Abstain Absent William Ruland [] [] [] [] Ct~'istopher Talbot [] [] [] [] [] Adopted as Amended [] Defeated [] Tabled Southold Town Meeting Agenda - November 7, 2012 Page 14 [] Withch-awn Jill Doherty [] Supe~wisor's Appt Albert Krupski Jr. [] Tax Receiver's Appt [] Rescinded Louisa P. Evans [] Town Clerk's Appt Scott Russell [] Supt Hgwys Appt [] No Action VI. PUBLIC HEARINGS Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearing. 11/7/12 PH ~ 7:02 PM LL/Pet & Livestock Waste Meeting Reconvened Meeting reconvened at P.M. Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at P.M. Elizabeth A. Neville Southold Town Clerk