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HomeMy WebLinkAboutTB-10/09/2012ELIZABETH 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 (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork.net MINUTES October 9, 2012 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, October 9, 2012 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 4:30 PM with the Pledge of Allegiance to the Flag. Call to Order 4:30 PM Meeting called to order on October 9, 2012 at Meeting Hall, 53095 Route 25, Southold, NY. William Ruland Christopher Talbot Jill Doherty Albert ~pSki Jr. Louisa P. Evans Scott Russell Elizabeth A. Neville Martin D. Finnegan Town of Southold Councilman Present Town of Southold Councilman Present Town Of S0uthold Councilwoman Absent TOwn Of south0id Councilman Present Town of S0uth01d Justice Present Town of Southold Supery!s0r Present Town of Southold Town Clerk Present Town Of Southoi~ ToWn At{o~ey pr~l~i I. Reports 1. Town Clerk Monthly Report 2. Judge Rudolph H. Bruer 3. Department of Public Works II. Public Notices 1. NYS DEC Notice of Complete Application 2. NYS Liquor License Renewals October 9, 2012 Page 2 Southold Town Board Meeting Minutes 3. NYS DEC Notice of Complete Application III. Communications IV. Discussion 1. 9:00 Am - Chris Baiz, John Sepenoski, Agricultural Advisory Committee 2. 9:15 Am - Heather Lanza & Mark Terry 3. Property Maintenance Clean-Up Approvals 4. 9:45 Am - Jeff Standish, Gillian Wood & Catherine Morrelly 5. LL/Amendments to Chapter 275 6. LL/Amendments to Chapter 83 7. LL/Amendments to Chapter 193 Motion To: Motion to enter into Executive Session On motion by Justice Evans, seconded by Councilman Krupski, it was RESOLVED the Town Board of the Town of Southold hereby enters into Executive Session at 10:55 AM for the purpose of discussing the following matters: Contract Strategy for PBA, CSEA contracts; Matters leading to the employment of a particular person for the position of Code Enfomement Officer; Litigation Strategy on Town of Southold vs. Go Green Sanitation, Inc. et al; Town of Southold vs. Rose's Vineyard, LLC and Joseph Paul Winery, Inc., d/b/a Vineyard 48. Vote of the Town Board: Ayes: Councilman Ruland; Councilman Talbot; Councilwoman Doherty; Councilman Krupski; Justice Evans; Supervisor Russell. Nayes: None. RESULT: ADOPTED IUNANIMOUSI MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Krupski Jr., Evans, Russell ABSENT: Jill Doherty 8. 11:00 Am - EXECUTIVE SESSION - Labor Motion To: Motion to exit from Executive Session On motion by Councilman Krupski, seconded by Councilwoman Doherty, it was October 9, 2012 Page 3 Southold Town Board Meeting Minutes RESOLVED the Town Board of the Town of Southold hereby exits from Executive Session at 2:15 PM. Vote of the Town Board: Ayes: Councilman Ruland; Councilman Talbot; Councilwoman Doherty; Councilman Krupski; Justice Evans; Supervisor Russell. Nayes: None. There was no action taken and no resolutions were placed on the agenda as a result of this Executive Session. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Krupski Jr., Evans, Russell ABSENT: Jill Doherty 9. EXECUTIVE SESSION - Litigation Ooenine Comments Supervisor Russell SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. Thank you. Before I get to the business of the meeting, I want to read a public statement on an issue that has come before this Board in the past. The Town Board has been presented with several inquiries about the status of enforcement of provisions of the town code and our approved solid waste management plan that require that all household garbage be placed in yellow bags for collection and disposal. On July 17th the Town Board agreed to refrain from enforcement of the yellow bag role against Go Green sanitation for a period of 120 days in response to questions and concerns raised by certain residents regarding the necessity of yellow bags to achieve compliance with state mandated recycling goals. The Town Board has reviewed this matter and consulted with the New York State Department of Environmental Conservation regarding the existence of viable options for compliance. Our review has confirmed that the current pay as you throw program using yellow bags is widely accepted throughout the state as the most successful method of achieving state recycling goals. Since Southold Town has consistently had some of the best recycling rates on Long Island, the DEC has indicated that it would be extremely difficult if not impossible, to obtain approval of an alternate program. In addition, representations were made to the Town Board that recycling could be accomplished in this town without the use of yellow bags but we have been provided with little evidence to substantiate that claim. The Town Board has therefbre concluded that we are not in the position to make any changes to the town code provisions requiring the use of yellow bags. It is the Town Board's intention to honor the current agreement to refrain from enforcement until it expires in late November. At that point, alt residents and carters will be expected to comply with the yellow bag law. We will be scheduling a public information session in the next 30 days to further explain the merits of the current program and the Town Boards rationale for continued enforcement of the Town Code. I want to repeat to everyone that the yellow bag role will be back on the table and at this time the Town Board is in no position to do away with the yellow bag requirements of Southold Town. With that being said, I would invite anybody that would October 9, 2012 Page 4 Southold Town Board Meeting Minutes like to speak on any issue that is on the agenda to feel free to come up at this point. People who want to speak on other issues will be invited to address the Town Board after the regular meeting. John? John Betseh, Southold JOHN BETSCH: John Betsch, Southold. I just really have a, ask a question regarding resolution 741 to do with 275. it is my understanding that these changes are being made I think, I am not exactly sure whose words it was, whether it was the Supervisor's words or not, to codify and clarify the code assumingly for the laymen who have to understand it. as a layman and not too bright a layman, I am a little bit, still a little bit confused. I see the term permitted has been amplified to say wetlands permit in an attempt to clarify, however, it is still a little confusing to me. To me and I believe most layman, permitted means the same as allowed. For example, I am allowed to put a snow fence up for erosion but it is not permitted yet. It is not exactly the same. But in this terminology. I think there is a very simple fix for something like this, it needs in the beginning of the code define wetlands permitted. That is what people will look when they first start looking at the code, very simple fix. I would also like to suggest at the same time that you define apparent high water which is used in the code but is not defined. The code refers to for permit approval and I would expect an enforcement. I, as a layman again, do not know what is considered apparent high water. I took two pictures of that, pictures of two different beaches which I will show you just for your record, one shows five rack lines, one shows four rack lines. I have know idea what would be considered apparent high water mark would be. I know the code will be passed tonight but these are two things that ! think should be clarified either in the future or before you pass it tonight. Just for the record. COUNCILMAN KRUPSKI: Thank you. And to the, Martin, I think one change we could make is you could put a definition, you could slip a definition in there tonight for wetland, just define wetland permits? TOWN ATTORNEY FINNEGAN: I think it is, this isn't the entire 275. Only the amendments appear, not every definition. COUNCILMAN KRUPSKI: Right. Right. TOWN ATTORNEY FINNEGAN: Just the ones that have changed. The code speaks to permits throughout the body, so I don't think .... COUNCILMAN KRUPSKI: Oh, okay. Because it wouldn't be... TOWN ATTORNEY FINNEGAN: We can certainly address it, we couldn't add it right now. COUNCILMAN KRUPSKI: As far as the high water mark, apparently it is an 18 IA year decision there. MR. BETSCH: I understand that but the code says for purposes of I guess it was for signs are pemfitted, fences it says will be placed 20 feet above the apparent high water mark. October 9, 2012 Page 5 Southold Town Board Meeting Minutes COUNCILMAN KRUPSKI: Right. Right. MR. BETSCH: What is it? COUNCILMAN KRUPSKI: That is going to be defined by the Trustees. Five elected officials. MR. BETSCH: Five different opinions, sir. COUNCILMAN KRUPSKI: It's possible. It's a democracy. MR. BETSCH: It should be in the code though. Inaudible. Thanks. Vito "Rocky" DiVello VITO DIVELLO: Good evening, Town Board members. My name is Vito Rocky DiVello. And I just have a question. Where is everybody at this meeting? I thought there would be such interest in this yellow bag question. Does that mean yellow bags and homeowners, everybody if they haul garbage out of town, does that apply to them as well and that kind of .... SUPERVISOR RUSSELL: Yes. Yellow bags are required for all people who throw out garbage. It is a requirement of the town code. MR. DIVELLO: Okay. SUPERVISOR RUSSELL: Yellow bags and especially separation of the recyclable material. It needs to be kept separate and distinct from the household waste. MR. DIVELLO: Okay. SUPERVISOR RUSSELL: And the town has explored its options and we are at a point where the only option on the table is the law as it currently exists. MR. DIVELLO: Okay. And that refers also to self-haulers or everybody across the board? SUPERVISOR RUSSELL: Yes. MR. DIVELLO: Okay. Thank you. SUPERVISOR RUSSELL: Okay. I will be setting up a public meeting within the next 30 days to have a public discussion on the issue. MR. DIVELLO: Okay. SUPERVISOR RUSSELL: Of the town's solid waste management plan. I will certainly put it on the website, put it on 22 and get as many people to the meeting as possible so that there is a clear understanding of the issue. October 9, 2012 Page 6 Southold Town Board Meeting Minutes MR. DIVELLO: Okay. SUPERVISOR RUSSELL: And so that the picture is seen by everybody. MR. DIVELLO: Thank you. I just want to know where we stand with everything and how we have to roll. Thanks. Supervisor Russell SUPERVISOR RUSSELL: Okay. Would anybody like to comment on any of the agenda items? (No response) Public Statement Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, September 11, 2012 Yes/Aye No/Nay Abstain Absent William Ruland Voter [] [] [] [] [] Accepted Christopher Talbot Seconder [] [] : [] [] [] Accepted as Amended [ Jill Doherty Voter [D : [] [] [] [] Tabled Albert Krupski Jr. voier [] [] [] [] Louisa P. Evans Mover ~ [] [] [] Scott Russell Voter [] [] [] : [] RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, July 03, 2012 ~ Vote Re~ord - 5iotion Yes/Aye No/Nay Abstain Absent William Ruland Voter [] [] [] [] [] Accepted Christ0pher Talbot Seconder [] [] [] [] [] Accepted as Amended Jill Dohecty Voter [] [] [] [] [] Tabled Albert Krupski Jr. Voter [] [] [] Louisa P. Evans Mover [] [] [] [] Scott Russell Voter [] [] [] [] RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, July 31, 2012 ~' Vote Re'cord - Motion Yes/Aye No/Nay Abstain Absent Willimn Ruland Voter [] [] [] [] [] Accepted Christophe~ ralbol Seconder [] [] [] [] [] Accepted as Amended Jill Dohcriy Voter [] [] [] [] [] Tabled Albcll Krupski Jr. Voler [] E] ~ [] Louisa P. Evans Mover [] [] [] [] Scott Russell Voter [] [] [] [] RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, August 14, 2012 ,~ Vote Record - Motion [] Accepted Yes/Aye No/Nay Abstain Absent [] Accepted as Amended Willimn Ruland Voter [] [] [3 [] October 9, 2012 Page 7 Southold Town Board Meeting Minutes Tabled Christopher Talbot : Seconder [] [] [] [] Jiii ~h~rty 9;ier X ben ~sE Jr: Voter 0 rq rq [] Louisa P. Evans Mover g'l 13 gl [] Scott Russell Voter [] [] 13 RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, August 28, 2012 ~ V6te Re~ord; ~ofion Yes/Aye No/Nay Abstain Absent William Ruland Voter [] [] [] [] [] Accepted Christopher Talbot Seconder [] [] [] [] [] Accepted as Amended Jill Doherty Voter F1 [~ [] [] [] Tabled Louisa Pi E'vans Mover Scott Russell Voter [] [] [] [] V. Resolutions 2012-742 C/I TEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated October 9~ 2012. ~' Vote R~rd ~ Re~oluti0n RES-2012-742 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye : No/Nay : Abstain Absent [] Tabled William Ruland Voter [] [] [] VI [] Withdrawn Christopher Talbot Seconder [] VI [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiveffs Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans -- Mover [] [] [] : [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-743 CA TE G OR Y: DEPARTMENT: Set Meeting Town Clerk Set Next Meeting 10/23/12 7.'30 Pm October 9, 2012 Page 8 Southold Town Board Meeting Minutes RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held~ Tuesday October 23. 2012 at the Southold Town Hall~ Southold. New York at 7:30 P. M.. Vote Re~eor d- Resolution It3g$-2012-743 [] Adopted ~ Sup~iso~s Appt Jill ~h~y Vot~ D R~ind~ ~uim P, Evans Mover ~ Supt Hgwys Appt 2012-741 Tabled 9/25/2012 7:30 PM CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Amend Chapter 275 WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 28th day of August, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, and WHEREAS, the Town Board has considered all comments made at the public hearing and corrected Sections 275-4(A)(5) & (10) and 275-5(B)(2)(d) to clahfy the reference to wetlands permitted structures, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the following Local Law entitled, "A Local Law in relation to Amendments to Chapter 275~ Wetlands and Shoreline". as amended. LOCAL LAW NO. 12 of 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 275, Wetlands and Shoreline". BE IT ENACTED by the Town Board of the Town of Southold as follows: October 9, 2012 Page 9 Southold Town Board Meeting Minutes I. Purpose. In order to continue to protect the natural state of the shorelines and wetlands within the Town of Southold, while balancing the rights of property owners, it is the purpose of these amendments to simplify the permit process, codify and clarify existing policies and conform certain regulations to environmentally accepted practice. II. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: § 275-2. Definitions; word usage. ......................... e,o e, .............. Unless otherwise expressly stated, the following term~ shall, for the purpose of this Chapter, have the meaning~ 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 EngJish Language, unabridged (or latest edition). AQUACULTURE -- The raising or cultivation of~ in ........ al ~v....-....~...~: ......... ovo.~-.~'~ :._, ......~...~ ~..c*'~'^*'^~...~.... living aquatic organisms . t, .... :~ o~.. · ^.. o~ o~., r~.~., u~.~. .... a e^..,~..~ Bat,'. B dy f ithi th .......... J, ....~ ........ j, ........................... o o waterw n e boundaries of the Town of Southo]d 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 blurt; 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 o__r from the line of permanent vegetation, whichever is most seaward. Shorelands subject to seasonal or frequent overwash or inundation are considered to be beaches. BOAT/VESSEL -- Any floating object capable of carrying people as a means of transportation in water, including an airplane capable of landing on water as well as any floating structure not otherwise considered to be part of a dock structure as defined herein, with or without means of propulsion, that can be moored independently or can be secured by any means to a piling, dock, bulkhead, groin, or other fixed device located above or below mean high water. This definition excludes floating docks and swim platforms. CRITICAL ENVIRONMENTAL AREAS -- All ' ~="; .... ~ ..... ;~=a ' s~tes v ........ ~ ............. designated by the Town of Southold and/or Suffolk County .... e~ ...... ., ................ v .......... ^c c.~ ..... to as Critical Environmental Areas worthy of protection including but not limited to: Cutchogue October 9, 2012 Page 10 Southold Town Board Meeting Minutes Harbor Wetlands, Hallock's Bay, Dam Pond, Downs Creek, Orient Creek, West Creek, Richmond Creek and Beach, Brush's Creek, Cedar Beach Creek, Corey Creek, Deep Hole Creek, Goldsmiths Inlet, Halls Creek, Goose Creek, Little Creek, Mill Creek and Pipes Cove Creek. FLOAT -- See Boat/Vessel FLOATING DOCK -- Any structure, raft or floating platform, the intended use of which is to secure a boat or vessel, which is designed to float upon the surface o£a water body and is secured in place by poles, pilings, anchors, or any other type of mooring system that provides access to the water. A floating dock includes the float itself and any pilings or mooring system designed to keep the dock at a fixed point. FUNCTIONAL -- Any structure that has essemiatty retained its intended purpose and use wi~in ................ v ........ ~, ..... v ....................... as determine e Board of Trustees. GROIN -- A man-made barrier typically perpendicular to the shoreline used to change the natural littoral drift, prevent erosion,...~.......~:-+~;~ ...~:-~ ~* ~_,~-+ ...... ...~, or protect an area from wave energy. ~ JETTY -- A man-made bamer v...v ........................... used to~.....o~k .... +~'~.~ ..-,~.~.~"'-~ ..,,,., ~l~;"~-- d.d~, maintain beach elevation, prevent erosion, and maintain inlet entices., ..... +~, ...... LOW-PROFILE JETTIES -- The definition of a low-profile jetty is site specific, but typically is a structure no higher than 18 ~nches ............ above emsbng soil or sediment grade on the down-drift side and shall not extend seaward of apparent low water. MATERIAL -- Soil, sand, stone, gravel, clay, bog, peat, mud, wood or any other material, including liquids, organic or inorganic. MEAN HIGH WATER (MHW) -- The average of all the high water heights observed over the most previousmi~ eighteen and a half year period. MEAN LOW WATER (MLW) -- The average of all the low water heights observed over the most previous ........ j ~=. ~. .... d eighteen and half year period. MOORING -- Anchoring tbr greater than 24 4~8 hours other than in designated anchorage areas as established by a governmental agency. NONDISTURBANCE BUFFER -- A vegetated area, a minimum cf20 feet wide 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. October 9, 2012 Page 11 Southold Town Board Meeting Minutes 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 is allowed. Examples include: namra! 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 structure. Fc~!izem ma3' ncr be u~ed within thc ncnturf buffer area. OPERATIONS (1) The machine excavation and/or removal of material from wetlands, o~ Any activity in freshwater or tidal wetlands or in any area within Trustee jurisdiction, ~.~..a:_~ ...... e .............. ~ ............. (2) the placement, repair or removal of structures, including, but not limited to, boats, floating docks, floats, dock components, duck blinds; or (3) The deposit or discharge of material on any area that results in the transport of said materials into wetlands or othem4se in any area within Trustee jurisdiction; or (4) The erection, construction, alteration, repair or enlargement of any building, dock, pier, wharf, bulkhead, jetty, groin, or any system or other structure, temporary or permanent, on wetlands, or othe~m4~ in any area within Trustee jurisdiction; or (5) Removing or otherwise affecting the growth of plants in wetlands ~'~-,:~ ' or ........... ~n any area within Trustee jurisdiction. ORDINARY AND USUAL MAINTENANCE -- Actions on a wetlands permitted, functional structure which do not involve more than 75% of the entire structure which are required to preserve in a condition or state of equivalent quality to that which was approved or required by permit. PIER -- A fixed structure to secure vessels, unloading or loading persons or property or providing access to the water. ~ PIER LINE -- The average seaward projection of one or more existing permitted docks, piers, wharves or floats .......... ~, ......... ww .................... j ...... ~ ........ ~ .............. 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 fi'om spreading from the immediate project area to surrounding waters. ~' ..... ., ;-~,~n~.~ o;. ~. ........ ,~,~ .......... .~ ,u .... ;~^, .... SOUND -- Includes the following: Long Island Sound, Fishers Island Sound and Block Island Sound. October 9, 2012 Page 12 Southold Town Board Meeting Minutes SWIM PLATFORM - Any structure, raft or floating platform, that is not intended to be used to secure a boat or vessel, which is designed to float upon the surface of a water body and is secured in place by poles, pilings, anchors, or any other type of mooring system that provides access to the water. A swim platform includes the platform itself and any pilings or mooring system designed to keep the platform at a fixed point. TOWN WATERS -- All the waters within the boundaries of the Town of Southold lying over patent lands. ~ WETLANDS (TIDAL) (2) All banks, bogs, meadows, flats, &nd tidal marsh and beaches subject to such tides and upon which grows or may grow some or any of the following: smooth cordgrass (Spartina altemiflora), salt hay grass (Spartina patens), black grass (Juncus gerardii), saltworts (Salicomia spp.), sea lavender (Limonium spp.), marsh elder (Iva frutescens), groundsel (Baccharis halimfolia), marshmallow (Hibiscus spp.). § 275-3. Findings; purpose; jurisdiction; setbacks. Purpose. It is the intention of this chapter to ensure for the citizens of the Town of Southold the protection, preservation, proper maintenance and use of its wetlands, giving due consideration to the reasonable economic and social development of the Town. In addition, the Town Board declares that it is the intention of this chapter to regulate the type and placement of fixed and floating piers and docks for the protection, preservation, proper maintenance and use of its waters and wetlands. Therefore, the Town Board declares that the regulation of the wetlands of the Town of Southold is essential to the health, safety and welfare of the people of the Town of Southold. The wetlands shall be regulated in order to maintain and contribute to the following resource area values and the attributes and functions they possess: protection of public and private water supply; groundwater; flood control; erosion and sedimentation control; storm damage prevention; water pollution control; fisheries; shellfish, including spawner sanctuaries; wildlife habitat; agriculture; aquaculture; aesthetics; public access and recreation. In addition, the following resource area values shall be maintained and protected: prevention of flood damage by limiting of development in flood hazard areas; prevention of damage to structures and natural resources as a result of erosion; improvement of water quality; protection and enhancement of existing vegetation cover in order to maintain water quality and wildlife habitat: protection of wildlife, waterfowl, and plant habitat and the maintenance of existing populations and species diversity; prevention of loss or degradation of critical wildlife and plant habitat; prevention of new stormwater runoff discharge and the improvement of existing stormwater runoff discharges; protection of coastal ecosystems which support the continued viability of harvestable shellfish and fin fish habitat; public access to water and land; improvement of groundwater recharge; October 9, 2012 Page 13 Southold Town Board Meeting Minutes and the minimization of the impact of new development, restoration and/or expansion on the resource area values listed above. The provisions of this Chapter are not intended to supercede the requirements of Chapter 236 of the Town Code. Jurisdiction: The following areas are subject to protection under Chapter 275 of the Code of Southold. (1) Any freshwater wetland, tidal wetland, beach, bluff, dune, flat, marsh, swamp, wet meadow, bog, or vernal pool; (2) Any creek, estuary, stream, pond, canal, or lake; (3) Land under water; (4) Land subject to tidal action; (5) Land within 100 feet of the areas listed above; (6) 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) E!uff!~nc. Top of bluff. [4] Swimming pool and related structures: 100 50 feet. § 275-4. Exceptions. The provisions of this chapter shall not require a permit for the following: (3) The ordinary and usual operations relative to a bona fide.preexisting commercial agriculture ....or ........... e horticultural operation landward of the wetland boundary. (5) The ordinary and usual maintenance or repair on a wetlands permitted structure (of the same dimensions) of a functional building, dock, pier, wharf, jetty, groin, dike, dam or other water-control dewce or structure, ~ ................... a -:,'~t!an~ (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. "':'~: (10) Installation of new or replacement windows, roof shingles, solar panels~ siding, doors, and second story additions only if additions are within the existing footprint and are made to an upland, wetlands permitted structure, dom~or~a~ (11 ) The relocation of an existing septic system from within Trustee jurisdiction to outside Trustee jurisdiction. (12) Flagpoles specifically used for that purpose, with a base not greater than 4 feet by 4 feet. (13) Operations landward of a public road whereby the public road is located between the waterbody that is the source of Trustee jurisdiction and the operations. (11)(1~4) Notwithstanding the above listed exceptions, operations within a designated October 9, 2012 Page 14 Southold Town Board Meeting Minutes nondisturbance buffer are prohibited. § 275-5 Permit procedures. Administrative permit. (1) The administrative permit review process is intended to provide for expedited review for projects that are deemed consistent with the Board's policy regarding protection of wetland resources. If the proposed operations meet with all the current setback requirements as defined by §275-3 and do not pose a threat to the overall function and condition of wetlands or adjacent buffer areas, applicants may request an administrative permit review. This review does not relieve the applicant of providing all the application requirements (§275-6) or obtaining permits from other jurisdictions, including, but not limited to, New York State Department of Environmental Conservation and United States Army Corp of n Beers .................................. (2) The following operations will be considered for administrative review, in accordance with the standards set forth in §275-11: (d) Remodeling or renovation cr rcccn:tmctic, n of a wetlands permitted structure, provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. {h)Lg) 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. {4)(h_)Cutting of common reed (Phragmites anstralis) to within 12 inches of the soil surface landward of the wetland boundary. This does not include mowing to ground level. (cia(i)The construction of a permitted bulkhead as per §275-11, which is to replace an existing functional bulkhead, subject to the following: (g)Li_lMinor changes to existing, valid Trustee permits. The Trustees reserve the right to determine whether the changes qualify for administrative review. (t)(k) Minor restoration or alterations of landscaping. (m)(1) Decks. (a)(m) Minor alterations to existing wetlands permitted shoreline structures including stairs, bulkheads and docks. October 9, 2012 Page 15 Southold Town Board Meeting Minutes (atO(n) Dredging work necessitated by the accumulation of silt from runoff or other circumstances not the result of activity by or on behalf of the owner of the property. v~/(o) An application for proposed aquaculture activity that includes surface mounting gear in an area greater than five square yards. (p) Deer fencesiflocated aminimum of 25 feet landward ofthe wetland boundary line or bulkhead line, whichever designated line is most landward. Under no circumstances are deer fences permitted in a non- disturbance area. (3) Any such activities ~u~. may require the addition of a nonturf buffer -~* *~ ..... ~ ~ ......... as defined tn {}275-2. § 275-6. Application. Contents of application. A permit may be issued upon the written, verified application of the person proposing to perform operations on wetlands. Three copies of the complete application, including all written descriptions, pictures and surveys, shall be submitted to the C!a,k 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 mqeS~ five years prior to the date of application, with contours at two-foot intervals, showing all wetlands within a two-hundred-foot radius of the area from which the removal or in which the deposit of materials is proposed, or in which structures are to be erected, certified by a registered land surveyor or registered professional engineer, licensed by the State of New York. Such survey and topographical map shall show the soundings of the area in which operations are proposed to be conducted. The horizontal control of said survey shall be based on an approved local coordinate system. The vertical control for elevations shall be based on the United States Coast and Geodetic Survey datum. (14) Drainage upgrade. At thc diacrction of the Board, In addition to the requirements of Chapter 236, nonadministrative applications may require submittal of a drainage upgrade plan. This plan must indicate how all existing and proposed on- site drainage from a two-inch rainfall is retained within the subject parcel landward of the wetland boundary. Retention can include but is not limited to infiltration or impoundment. All drainage plans shall show the calculations used to develop the plan. At the discretion of the Board said plans may require certification from a licensed engineer. Waiver of certain requirements. The Trustees, upon request of the applicant for a permit, may waive, in whole or in part, the provisions of Article II, § 275-6A(8), (11), (14) or § 275-1 IA(2) where it finds that the nature of the proposed operations is such that the October 9, 2012 Page 16 Southotd Town Board Meeting Minutes requirements of such provisions are not necessary for a proper consideration of a permit application. The resolution providing for the waiver shall clearly indicate why the waiver was granted. Notwithstanding the foregoing, a waiver of the requirements of §275- 6(A)(14) shall not relieve the applicant of the obligations to comply with the requirements of Chapter 236. § 275-7. Fees. Every non-administrative application for a :gmstees wetlands permit filed w~th 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 $50. $100. For stmc4m:es 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~tual4o ~ .......... ~' for residznfia! ~-'~ ....... :~ '~'~ *-- w- o,~ ............................. 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 subiect of the site visit. Investigation and coordination. Upon receipt of the application, the Clerk Office of the Trustees shall maintain the original in the file and tbrward one copy thereof to each of the fullowing as necessary: the Conservation Advisory Council, LWRP Coordinator, Stormwater Management Officer, ~ one ccpy tc the Planning Department and ~ the Zoning Board ~'~ .......... ~.~ c.~a .,~,~. +~ ~c*~ ,,,^c*~'~ ~r,.,~. ~.~o. ....... The Conservation Advisory Council shall review said application and the effect, if any, on the wetlands and tidal waters of the Town that may result from the proposed operations and shall, within 20 days of receipt of the same, forward its written report of findings and recommendations with respect to such application to the Trustees. If the Conservation Advisory Council shall recommend that such application be disapproved, the reasons for such disapproval shall be set forth in such report. If no response is received ithin 20 days the ~;~,~. ;o .~, ~.a.:~+ ,^ c...-,~ r, ....... ,:~ ^ .~..; ..... r- ..... :~ rcvicw, the review by the Conservation Advisory Council shall be deemed waived. October 9, 2012 Page 17 Southold Town Board Meeting Minutes 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~.~ c._~ a~:~: ..... mbz ~a .......... ~..,:~ § 275-10. Contents of permit. tXC~. 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 governmental or municipal authorities of its refusal or disapproval." Acceptance of the permit is acceptance of this condition. G:.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. t~.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). t:H~. A statement that "The permittee is required to notify the Trustees in writing one week prior to initiation of any and all operations." mi_. 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 Suffblk 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. October 9, 2012 Page 18 Southold Town Board Meeting Minutes General. The following standards are required for all operations within the jurisdiction of the Trustees: (1) Drainage upgrade. Applicants for a permit for any form of construction may be required to upgrade the site's drainage system such that all surface water generated from impervious surfaces shall be kept onsite through infiltration or retention. Applicants proposing grading or filling operations will be required to submit a drainage plan for the entire site at the discretion of the Trustees and must, in any event, comply with the requirements of Chapter 236. See also §275- 6A(14) for requirements. (3) New and remodeled homes. New and remodeled homes cannot be situated or modified such that they project closer to the wetland boundary than the mean seaward projection of homes in the general vicinity and homes on either side of the subject lot. (4) Fences. (aD Trustees reserve the right to permit erection of a split-rail fence where the applicant has shown that there is a need to protect his/her private property. (b) Temporary or seasonal snow fences, at the Trustees' discretion, may be permitted upon a showing of need for erosion control. (c) Fences on a beach shall be perpendicular to the waterline and not closer than ~0 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, barricade or impediment to pedestrian traffic on the beach or wetland area in violation of the provisions of this chapter shall be removed upon written notice to the owner of the premises upon which such fence, barricade or impediment is located sent by certified or registered mail. Such fence, barricade or impediment shall be removed by the owner within 30 days of the date of the notice. Upon failure to comply with such notice, the Building Inspector, the Office of Code Enforcement, Cc~e ...................... or Bay Constable may remove or cause the removal of the illegal structure. (e) If any fence, barricade or impediment is determined by the Building Inspector, the Office of Code Enforcement .................... Officer 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 October 9, 2012 Page 19 Southold Town Board Meeting Minutes assessment roll of the Town. The Assessors, in preparation of the next assessment roll, shall assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalty as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. (6) ~ Platforms. I~T~ .4~! ..... 1~4' .... 1~1~ 1~ ~;**~A ........ l.l,,teC~ (a') Platforms associated with stairs may not be larger than 32 square feet. (b) Platforms may not exceed 200 square feet and must be landward of the top of bluff. Shoreline structures. (1) Bulkheads, retaining walls, revetments and gabions. (c) Bulkheads on the Sound mu~t may be armored with stone. (d) All bulkhead construction and renovation work requires the establishment of a permanent nonturfbuffer 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 ora 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. ..~ .......;n~.., authcrizc~ ~Cpc:'m-it. O)('i) No discharge pipes are allowed out of or over bulkheads unless permitted by the Trustees. (lc)0) 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)1~) Lighting: Any and all lights associated with bulkheads, retaining walls, stairs or poles in Trustee jurisdiction must be directed on the subject structure and not out into the adjacent wetland, waterway or property. Lights shall not be on unless the waterfront is in active use. October 9, 2012 Page 20 Southold Town Board Meeting Minutes In water. (1) Jetties (g) (2) Docks. [6] (b) Backfilling: Only clean sand can be used for backfilling in eroded and excavated areas as well as behind new and repaired bulkheads. Garbage, asphalt, and C&D materials are strictly forbidden for use as backfill behind bulkheads. 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, cn thc u?!and on the landward end of the jetty or groin as necessary, not less than 5va 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. Smd ..........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, n,~t ~ ,u~ c,,,~ c~,; .... .4+u ............................ , to enable persons to pass and repass around said dock or by steps or a ramp allowing pedestrian passage. [ 10] Preexisting nonpermitted and/or nonconfurming 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 tbr 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, ~uc.c ,,.i .... or boats shall be October 9, 2012 Page 21 Southold Town Board Meeting Minutes stored on tidal wetlands, other intertidal areas or freshwater wetlands between April 1 and December 1 of each calendar year. No duck blinds may be stored on tidal wetlands, other intertidal areas or freshwater wetlands at any time. § 275-14. Transferability. A 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 ~u~tt ~+ ~.~ · .... v~_~,~ ..... :~a ............. v ..... vv .............................. The fee for transfemng smd 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 ; law. / V0t,e 8~Ord - R~olutl0,n RE-~-2012~741 [] Adopt~ ~ ~fmt~ Yes/Aye No/Nay Abstain Absent U Rescind~ ~uisa P. Evans Vot~ ~ U U U ~ Supt Hgwys Appt U No Action 2012-744 CA TE GO R Y: DEPARTMENT: Employment - Town Accounting Acknowledges Retirement Donald Dzenkowski October 9, 2012 Page 22 Southold Town Board Meeting Minutes WHEREAS, the Town of Southold has received email notification on September 25, 2012 from the NYS Retirement System concerning the retirement of Donald A. Dzenkowski effective December 13, 2012, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby acknowledges the retirement of Donald A. Dzenkowski from the position of a Senior Bay Constable for the Police Department effective December 13, 2012. / Vot~rd- R~olution RE8-201~-~44 :: , : [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain : Absent [] Tabled William Ruland Seconde~ ~ [] [] [2] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] 12] ~ [] Tax Receiver's Appt Albert Krupski Jr. Mover [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter I~ [] [] [] [] Supt ltgwys Appt [] No Action Comments regarding resolution 744 COUNCILMAN KRUPSKI: I would like to thank Dan for his many years of good service to the Town. 2012-745 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attomey Agreement Between Town qf Southold and P. IlK Grosser Consulting, Inc., 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 P.W. Grosser Consulting, Inc, in connection with their Proposal dated August 20, 2012, to remediate and abandon an Underground Iniection Control Sanitary System located at 68775 Route 25 in Greenport~ subject to the approval of the Town Attorney. / Vote Record ~ Resohttion RES-201'2-745 ' · · [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amet~ded William Ruland Voter [] [] [] [] [] Delkated Christopher Talbot Seconder [] [] [] [] [] Tabled Jill Dohetty Voter [] [] [] [] [] Withdrawn Albe~l Krupski Jr. Voter [] [] [] [] [] Supervisor's Appt Louisa ?. Evans Mover [] [] [] 13 13 Tax Receiver's Appt Scott Russell Voter [] [] [] [] [] Rescinded October 9, 2012 Page 23 Southold Town Board Meeting Minutes [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-746 CA TEGOR Y: DEPARTMENT: Committee Resignation Town Clerk Resignation of Stephen Mudd from Ag Adv Comm RESOLVED the Town Board of the Town of Southold hereby accepts, with regret, the rest t Committee. [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter ~ [] [] · [] [] Withdrawn Christopher Talbot Mover [] [] [] [] [] Supervisor's Appt Jill Doher~y Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter {~ [] [] [] [] Rescinded Louisa P. Evans Seconde~ fi] [] [] [] [] Town Clerk's Appt Scott Russell Voter El [] [] [] [] Supt Hgwys Appt [] No Action 2012-747 CA TE GOR ~ DEPARTMEN~ Authorize to Bid Public Works Goldsmith Rock Revetment Project Financial Impact: Bedding Stone & 5 Ton Armor Stone./br Goldsmith Rock Revetment Project RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids fbr the furnishing stone materials (8" to 12" bedding stone and 5 ton armor stone) for the Goldsmith Inlet Rock Revetment Project. Vote Record - Resolution RES-2012-747 gl Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Mover [] [] [] [] [] Defeated Christopher Talbot Voter [] [] [] [] [] Tabled Jill Dohcrty Voter [] [] [] [] October 9, 2012 Page 24 Southold Town Board Meeting Minutes [] Withdrawn Albert Kmpski Jr. Seconder [] [] [] [] [] Supervisors Appt Louisa P. Evans Voter [] [] [] [] [] Tax Receivex's Appt Scott Russell Voter [] [] [] [] [] Rescinded [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-748 CATEGORY: DEPARTMENT: Misc. Public Hearing Community Development Public Hearing to Hear Citizens Views on Local Housing and Community Development Needs RESOLVED that the Town Board of the Town of Southold hereby sets 7:35 PM, Tuesday, October 23, 2012, Southold Town Hall, 53095 Main Road, Southold, New York 11971, as the time and place for a Public Hearing to hear citizens views on local housing and community development needs to be met with approximately $92,850.00 in Community Development Block Grant funds the Town of Southold expects to receive in April 2013 and authorizes the Town Clerk to publish an "Announcement of Public Hearing Notice". ,,t Vo~ Record - Resolution RE~.2012;748 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Mover [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-749 CA TE GO R Y: DEPARTMENT: Budget Modification Public Works NYSDEC SPDES Permits Financial lrnpact: Permits required by NYSDEC (SPDES) October 9, 2012 Page 25 $outhold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Building & Grounds General Fund Whole Town budget as follows: From: A. 1620.4.400.300 Dredging Goldsmith Inlet $1,600 To: A. 1620.4.600.700 Licenses & Permits $1,600 Vote R~ord - Re~oluflon RE~-2012-749 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdravm Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Mover [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] - [] Supt Hgwys Appt [] No Action 2012-750 CATEGORY: DEPARTMENT: Employment - FIFD Accounting Increase Salary qf Stephen G. Burke RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fisher Island Ferry District adopted September 6, 2012 that increases the salary of Stephen G. Burke to an annual salary of $135,000. Vote Record - Resolution RE8-2012-750 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Mover [] [] [] [] [] Supervisol's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action October 9, 2012 Page 26 Southold Town Board Meeting Minutes 2012-751 CA TE G OR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attomey Execute the Modification Agreement Form Between the Town of Southold and the New York State Department of State in Connection 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 a no-cost extension of time extending the term of Contract #C006877 (Bittner Preserve Improvement Project) to December 31, 2013, subject to the approval of the Town Attorney. ~ Adopted [] Adopted as Amended [] Defeated Yes/Aye NofNay Abstain Absent [] Tabled William Ruland Mover [] [] [3 [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] I~ [] Tax Receiver's Appt Albert Kmpski Jr. Seconde~ [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scolt Russell Voter I~ 13 13 ~ [] Supt Hgwys Appt [] No Action 2012-752 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Information Technology CivicPlus Additional Services RESOLVED that the Town Board of the Town of Southold hereby authorizes the payment of $1,450.00 to Civic Plus for the purchase and development of additional webpages for the Town's new website. Vote Record - Resolution RES-2012-752 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amcnded William Ruland Seconder [] [] [] [] [] Defeated Christopher Talbot Voter [] [] [] [] [] Tabled Jill Doherty Voter [] [] [] [] [] Withdrawn Albert Krupski Jr. Mover [] [] [] [] [] Supervisor's Appt Louisa P. Evans Voter [] [] [] [] [] Tax Receiver's Appt Scott Russell Voter [] [] [] [] [] Rescinded [] Town Clerk's Appt October 9, 2012 Page 27 Southold Town Board Meeting Minutes [] Supt Hgwys Appt [] No Action 2012-753 CATEGORY: DEP~4RTMENT: Budget Modification Human Resource Center Budget Modification HRC/Programs./'or the Aging Expenditures Financial Impact: Modifying funds from unused sick earnings to cover necessary repairs to HRC vehicles and other expenditure budget lines in the Programs for the ,'lging 2012 Budget. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 General Fund Whole Town Programs for the Aging budget as follows: From: A.6772.1.100.400 Sick Earnings $4,000 Totals $4,000 To: A.6772.4.400.650 Vehicle Maintenance/Repair $3,000 A.6772.4.400.500 Laundry 150 A.6772.4.600.300 Travel Reimbursement 100 A.6772.4.600.400 Postage 150 A.6772.4.100.500 Motor Vehicle Parts & Supplies 600 Totals $4,000 ~' Vote R~ord ~ Resolution RES-2012-753 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Vot----'~ [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] 13 [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albel~ Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P Evans Mover [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-754 CA TEGOR Y: DEPARTMENT: Attend Seminar l,and Preservation October 9, 2012 Page 28 Southold Town Board Meeting Minutes Attend 2012 L! Natural History Conference RESOLVED that the Town Board of the Town of Southold hereby grants permission to Laura Klahre, Land Management Specialist~ to attend the "2012 Long Island Natural History Conference" sponsored b.v Huntington-Oyster Bay Audubon Socie .ty~ Peeonie Land Trust~ and Long Island Greenbelt Trails Conference at the U.S. Department of Energ.y's Brookhaven National Laboratory in Upton~ New York on November 16~ 2012. Registration, travel, and other related expenses, if any, to be a legal charge to the 2012 Land Preservation Department budget line A.8710.4.600.200 (meetings and seminars). ~" V0t~ R~ord ~ Reso!~ti0n t~S.2012,754 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] Withdrawn Christopher Talbot Mover [] [] [] [] [] Supervisor's Appt Jill Deherty Voter [] [] [] [] El Tax Receiver's Appt Albe~t Kmpski Jr. Voter gl [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] r~ Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-755 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Cutchogue Fire Department Annaal Halloween Children's Parade RESOLVED that the Town Board of the Town of Southold hereby grants permission for a police escort and to the Cutchogue Fire Department to use the following route for its Annual Halloween Children's Parade in Cutchogue, on Wednesday, October 31, 2012 beginning at 6:00 PM: begin at Depot Lane, proceed west on Main Road to New Suffolk Road to the Cutchogue Firehouse, provided they closely adhere to the following five (5) conditions: 3. 4. 5. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; Coordinate traffic control upon notification of the adoption of this resolution with Captain Kmszeski No objects of any kind shall be thrown to event spectators No permanent markings be placed on town, county or state roads or property tbr the event; Any temporary non-permanent road markings or signs tbr the event must be removed within twenty-fbur (24) hours of the completion of the event. October 9, 2012 Page 29 Southold Town Board Meeting Minutes Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees shall be waived. [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Mover [] ~ [3 ~3 [] Withdrawn Christopher Talbot Voter [] : [] [] [] [] Supervisor's Appt Jill Deherty 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 2012-756 CATEGORY: DEPARTMENT: Bid Acceptance Public Works Roof- Southold Highway Department Financial impact: Materials for the replacement and reconstruction of the Southold Highway Department Barn Roof by DPW & Highway stafJ7 RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Marjam Supply Co., Inc., to supply the town with building materials for the replacement and reconstruction of the Southold Highway Department Barn Roof System, in the amount of $14,681.50, all in accordance with the approval of the Town Attorney. Vote Record - Resolution RES-2012-756 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdravm Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Ji. Mover [] [3 [] [] [] Rescinded Louisa P Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action October 9, 2012 Page 30 Southold Town Board Meeting Minutes 2012-757 CATEGOR~ DEPARTMENT: Attend Seminar Building Department Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to Building Permits Examiner Patricia Conklin, Building Inspector Gary Fish, Fire Inspector Robert Fisher, Building Inspector George Gillen and Zoning Inspector Damon Rallis to attend a seminar on Change of Occupancy and the Existing Building Code in Quogue, on October 23, 2012. All expenses for registration and travel to be a legal charge to the 2012 Building Department budget (meetings and seminars). ~ VOI~ R~ml - Re~oluflon lU~S-2012-757 [] Adopted [] Adopted as Amended [] Defmt~ Yes/Aye No/Nay Abstain Absent ~ Tabl~ William Ruled ' Vot~ ~ ~ ~ ~ ~ Wi~wn Chfistoph~ Taint S~ond~ ~ ~ ~ ~ ~ Sup~im~s Appt Jill ~h~y Vot~ ~ ~ ~ ~ ~ Tax R~eive~s Appt AI~ ~pski Jr. Vot~ ~ ~ ~ ~ ~ R~cind~ ~ui~ P. Evans Mov~ ~ ~ ~ ~ ~ Town Clerk's Appt Scott Rmsell Vot~ ~ ~ D ~ D Supt Hg~s Appt ~ No Action 2012-758 CA TE G O R Y: DEPARTMENT: Attend Seminar Building Department Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to Electrical Inspector Roger Richert to attend a seminar on Manufactured Homes, in Patchogue, on October 25, 2012. All expenses for registration and travel to be a legal charge to the 2012 Building Department budget (meetings and seminars). Vote Record - Resolution RES-2012-758 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Voter [] [] [] [] [] Del~aled Christopher Talbot Mover [] [] [] [] [] Tabled [] Withdrawn Jill Dohe~y Voter [] 12] [] [] Alberi Krupski Jr, Voter [] 13 [] [] [3 Supervisor's Appt Louisa P Evans Seconder [] [] [] [] [] Tax Receiver's Appt Scott Russell Voter [] [3 [] [] [] Rescinded [] Town Clerk's Appt October 9, 2012 Page 31 Southold Town Board Meeting Minutes [] Supt Hgwys Appel [] No Action 2012-759 CATEGORY: DEP.~IRTMENT: Contracts, Lease & Agreements Town Attorney Execute the Sub-License Agreement Between the Town of Southold, the Suffolk County Real Property Tax Service Agency, and Cornell Cooperative Extension of Suffolk County RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Sub-License Agreement between the Town of Southold, the Suffolk County Real Property, Tax Service Agency, and Cornell Cooperative Extension of Suffolk County, regarding the Suffolk County Advanced Real Estate Information System (AREIS) and Tax Map License Program, at no cost to the Town, subject to the approval of the Town Attorney. [] Tabled William Ruland Mover ~ FI F1 FI 2012-760 CA TEGOR Y: DEPARTMENT: Attend Seminar Justice Court Grant Permission to Court Officer Donato Cappabianca to Attend an Peace Officer Course RESOLVED that the Town Board of the Town of Southold hereby grants permission to Court Officer Donato Cappabianca to attend an a basic course for Peace Officers from Monda¥~ September 17 thru Wednesday October l0T 2012 at the S. C. SherifPs Office, Academy Bureau~ 502 Wicks Road~ Brentwood, NY and Thursday~ October 11 thru Monday~ October 22, 2012 at the Suffolk County SherifPs Firearms Section, 112 Old Country Road~ Westhampton~ NY. All expenses for training to be a legal charge to the Justices 2012 budget. October 9, 2012 Page 32 Southold Town Board Meeting Minutes [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [3 Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Cluistopher Talbot Voter [] [] E] [] [] Supervisor's Appt Jill Doherty V~ter ~ 13 ~ ~ ~ [] Tax Receiver's Appt Albert Krupski Jr. Mover [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scoit Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-761 CA TEGORY: Fmla DEPARTMENT: Accounting Grant Maternity Leave to a Town Employee RESOLVED that the Town Board of the Town of Southold hereby grants a maternity leave of absence to Employee # 4885, from November 9, 2012 and returning to work on March 11, 2013. ~ ¥0kgR~t0rd - ResolUtion,, RE~-2012-761 : , i gl Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] 13 [] [3 [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisors Appt Jill Doheay Voter [] [] [] [] [] Tax Receiver's Appt AIbell Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P Evans Mover [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] : [] [] [] Supt Hgwys Appt [] No Action 2012-762 CA TEGOR Y: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the Southold Elementary School to Hold Its Halloween Parade in Southold, on Sunday, October 30, 2011 at 12:00 Noon October 9, 2012 Page 33 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold PTA to use the following route for its Halloween Parade in Southold~ on Satnrday~ October 27~ 2012 at 11:00 A.M.: beginning at the Southold Firehouse, proceed west on Route 25 to Oaklawn Avenue to the elementary school, provided they closely adhere to the following five (5) conditions: 1. They file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; 2. Coordinate traffic control upon notification of the adoption of this resolution with Captain Kruszeski 3. No objects of any kind shall be thrown to event spectators 4. No permanent markings be placed on town, county or state roads or property for the event; 5. Any temporary non-permanent road markings or signs for the event must be removed within twenty-four (24) hours of the completion of the event. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees shall be waived. [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] 13 [] Withdrawn Christopher Talbot Mover [~ [] [] [] [] Supervisot's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-763 CA TE GO R Y: DEPARTMENT: Employment - Town Accounting Acknowledges the Intent to Retire John Addamo RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of John Addamo from the position of Groundskeeper II for the Department of Public Works, effective as of the close of business December 5,2012. Vote Record - Resolution RES-2012-763 [] Adopted [] Adopted as Amended [] Defeated iD Tabled Will~a m Rula'~-~ Mover October 9, 2012 Page 34 Southold Town Board Meeting .Minutes [] Withdrawn Jill Doherty Voter [] [] [] [] [] Supervisor's Appt Alber~ Kmpski Jr. Seconde~ [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2012-764 CATEGORY: DEP~IRTMENT: Contracts, Lease & Agreements Town Attorney Execute the Sub-License Agreement Between the Town of Southold, the Suffolk County Real Property Tax Service Agency, and the Island Community Board RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Sub-License Agreement between the Town of Southold~ the Suffolk County Real Property. Tax Service Agency~ and The Island Community Board~ regarding the Suffolk County Advanced Real Estate Information System (AREIS) and Tax Map License Program, at no cost to the Town, subject to the approval of the Town Attorney. V0t~ R~0rd - Re~olufion IL~S-2012-764 Adopt~ Adopt~ as Am~ded Defeat~ Yes/Aye No/Nay Abstain Absent Tabl~ William Ruland S~onder ~ ~ ~ ~ Withdrawn Chhstopher Taint Voter ~ ~ ~ ~ Sup~'visor's Appt Jill Dohe~y Voter ~ ~ ~ ~ Tax R~eiver's Appt Albe~ Krupski Jr. Mov~ ~ ~ ~ ~ Reminded Louisa P Evans Voter ~ ~ ~ ~ Town Clerk's Appt Scott Russell Vot~ ~ ~ ~ ~ Supt Hgwys Appt No Action 2012-765 CA TE GO R Y: DEPARTMENT: Budget Modification Highway Department 2012 Highway Budget Mod Financial Impact: The reason./bt submission q/'this budget line item change is due to the.fact that: October 9, 2012 Page 35 Southold Town Board Meeting Minutes These line items are presently underfunded; therefore line transfers are necessary. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Highway Fund Part Town budget as follows: To: DB.5110.4.100.905 DB.5110.4.100.915 DB.5140.4.400.600 From: DB.5110.4.100.900 DB.5110.4.100.100 DB.5140.4.400.150 General Repairs Contractual Expense Supplies & Materials Asphalt Patch General Repairs Contractual Expense Supplies & Materials Cement Brash & Weeds/Miscellaneous Contractual Expense Contracted Services Office Equipment Maint/Repairs TOTAL: $ 42,150.00 37.00 369.00 $42,556.00 General Repairs Contractual Expense Supplies & Materials Resurfacing Projects General Repairs Contractual Expense Supplies & Materials Miscellaneous Supplies Brush & Weeds/Miscellaneous Contractual Expense Contracted Services $ 42,150.00 37.00 Rubbish Disposal 369.00 TOTAL: $ 42,556.00 Vote Record - Resolution RES-2012-765 [] Adopted ~ Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Jill Doher~y Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P Evans Mover [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action October 9, 2012 Page 36 Southold Town Board Meeting Minutes 2012-766 CATEGOR~ DEPARTMENT: Local Law Public Hearing Town Attorney 11/7/12 PH ~ 7:02 PM LL/Pet & Livestock Waste WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 9th day of October, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 83, Animals~ in connection with Pet and Livestock Waste" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public heating on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 7th day of November, 2012, at 7:02 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 83~ Animals~ in connection with Pet and Livestock Waste" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 83~ Animals~ in connection with Pet and Livestock Waste". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. 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. Il. Chapter 83 of the Code of the Town of Southold is hereby amended as follows: ARTICLE IV Waterfowl and Gull Feeding and Domestic Pet/Livestock Waste {}83-27. Definitions. Unless otherwise expressly stated, the ibllowiog 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 October 9, 2012 Page 37 Southold Town Board Meeting Minutes 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, and cats.., ....... , ....... , ....... j~, ~.,~ gc, ats. 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 Southold's Management Plan for the particular publicly owned property. Any feces disposed of in street storm collection systems is prohibited. IlL SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2012-766 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Seconder ~l [] 13 [] [] Defeated Chr/stopher Talbot Mover I~ [] [] [] [] Tabled [] Withdrawn Jill Dohe~ly Voter [] [] [] : [] Albert Krupski Jr. Voter [] [] [] F1 [] Supervisor's Appt Louisa P. Evans Voter [] [] [] : [] [] Tax Receiver's Appt [] Rescinded Scott Russell Voter [] [] [] [] [] Town Clerk's Appt October 9, 2012 Page 38 Southold Town Board Meeting Minutes [] Supt Hgwys Appt [] No Action 2012-767 CA TEGOR Y: Tax Lien DEPARTMENT: Town Clerk F1SD Lien - Doherty RESOLVED that the Town Board of the Town of Southold, in accordance with Article XV, Section 215-50 of Chapter 215 of the Code of the Town of Southold, hereby determines that the Fishers Island Sewer District rent owed by Carolyn Juleen Doherty. and Thomas F. Doherty~ Jr. in the amount of $2421.56 for the year of 2012 which rent remains unpaid~ shall be levied against the real property of Carolyn and Thomas F. Doherty~ Jr. {Carolyn Juleen Doherty SCTM #1000-12-1-2)~ and shall be collected at the same time and in the same manner as Town taxes. Vote Re~ord * Rl~oluflon RES-201~767 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled WilliamRuland Mover [] 13 [] ' [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] ~ [] Tax Receiver's Appt Albert Kmpski Jr. Seconder [] [3 13 [] [] Rescinded Louisa P. Evans : Voter [] [] [] [] [] Town Clerk's Appt Scoil Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-768 CATEGORY: DEPARTMENT: Legislation Town Attorney LL/Pet & Livestock Waste to SCPC & PB RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 83~ Animals, in connection with Pet and Livestock Waste" to the Southold Town Planning Board and the Suffolk Coun .ty Department of Planning for their recommendations and reports. October 9, 2012 Page 39 Southold Town Board Meeting Minutes Vote Record -Resolution RES-2012-768 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconde~ [] [] D [] [] Withdrawn Cht%topher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Mover gl : [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-769 CATEGORY: DEP. dRTMENT: Attend Seminar Supervisor Attend Seminar - Beltz RESOLVED that the Town Board of the Town of Southold hereby grants permission to Phillip Beltz to attend an East End Youth Leadership Summit on Friday, October 19, 2012 at Suffolk County Community College in Riverhead 2012. There are no expenses for -egistration or travel. ~' Vote Record - Resolution RES-2012-769 [] Adopted [] Adopted as Amended [] Del~ated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdt~/wn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Mover [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-770 CATEGORY: DEPARTMENT: Policies Town Attorney Adopts the Followiny; Policy Regarding the Usage (?['Cell Phones While Operating To'a,n Vehicles or Heavy EqTtipment October 9, 2012 Page 40 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby adopts the following Policy regarding the usage of cell phones while operating Town vehicles or heavy, equipment as follows: TOWN OF SOUTHOLD USE OF CELL PHONES WHILE OPERATING TOWN VEHICLES OR HEAVY EQUIPMENT POLICY This Policy applies to all employees that utilize Town vehicles or operate Town equipment as part of their employment duties. Violations will be taken seriously and may result in disciplinary action. It is every employee's duty to use vehicles and equipment safely, responsibly and lawfully. When driving a Town vehicle or operating equipment, employees shall be aware that the operation of the vehicle/equipment is their primary responsibility and cell phone usage is prohibited. · When using a vehicle, employees are required to pull offthe road safely and be parked in a safe location before making or answering a call. · When operating heavy equipment, the equipment must be placed in park and placed in a safe location prior to making or answering a call. · Text messaging, reading emails and writing emails while driving or operating heavy equipment is prohibited. · The Town Police Department may promulgate supplemental policies which will supersede the application of this Policy to licensed law enforcement employees. '~ ~te Reco~'d -Resolution RE'S~2012-770 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Mover I¢1 [] [] [] [] Supervisor's Appt Jill Dohe~ly Voter [] [] [] [] [] Tax Receiver's Appt Alber~ Krupski Jr Voter [] FI [] : [] [] Rescinded Louisa P. Evans Seconde{ [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2012-771 CA TEGOR Y: DEPARTMENT: Planning Town Attorney Waive Fees/Standard Subdivision pJ' David l/crity October 9, 2012 Page 4 t Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby approves the deferral of the Park and Playground and Administrative Fees due in connection with the proposed Standard Subdivision of David Verity, subject to the Planning Board's approval and the condition that the Subdivision will be null and void if the fees are not paid immediately upon the sale of the subject ~remises. [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Mover I~1 [] ~ ~ [] [] 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 [] [] [] [] F1 Supt Hgwys Appt [] No Action Closing Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: That concludes the business of the meeting. I would ask anybody that would like to address the Town Board at this time to please feel free? Robert Dunn, Peconic BOB DUNN: Bob Dunn, Peconic. 1 just want to, last week was kind of long and I didn't want to hang out after hearing and I know everybody wanted to go home so I didn't get up then but I wanted to thank the Board for what you are doing for Goldsmith's. Myself and others appreciate it. I would also like to make the point for people both in the room and who may be watching now or later, I often hear problems and critique about things taking too long. This was brought to your attention, Scott, last spring and through the Board and Jim McMahon and Jamie Richter, it was identified as a real problem and talks went on, permits were gotten from the state, the design was done. Permission from the county who owns part of the land and it was alt done and now we are 14, 15 months later and we are ready to put boots on the grounds and that is an answer to people who do thing things take too long. They don't always and I think it is an example of Southold township working and working in a timely fashion for good. Ideally we wouldn't have to armor anything. Ideally we would stay with things as natural but what is natural is getting wiped out and I think it is good that the Town is willing to do that although I don't think it is the end of the town having to do that, there and other places. Everybody hears the word Goldsmith's inlet and they think of that narrow little thing at the beginning. Goldsmith's inlet, the effect of it will go back to as far as 48. And it may not, with the problems down there and the problems in some of the other places may not be cured in my lifetime but I think it is good that we are doing things and we shouldn't stop doing things to see that things are October 9, 20 t 2 Page 42 Southold Town Board Meeting Minutes corrected for the people that will come after my lifetime and after your lifetime. Most of you will probably not see results there until you are retired but for our kids and grandkids and their kids and grandkids, I think it is important that we do what is necessary to keep these areas alive, with the MS 4's and all that other stuff. It is just, it is necessary to keep the ball rolling on this stuff. Thank you. SUPERVISOR RUSSELL: Thank you. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: I would ask anybody that would like to address the Town Board to please feel free? Bill Shipman, Cutchogue BILL SHIPMAN: Bill Shipman, Cutchogue. Scott, I think obviously you know why I am here, regarding Route 48 Vineyard. I understand that it is in Supreme Court but I feel that the town is going to have to take some kind of action because it is not only violating your town code, it is becoming a nuisance. Becoming inappropriate for the neighborhood. Did you get the pictures from Chief Flatley? SUPERVISOR RUSSELL: Yes. MR. SHIPMAN: I don't find that acceptable. SUPERVISOR RUSSELL: Neither do we. MR. SHIPMAN: I don't think you would find that acceptable, any Town Board member, I think if this was occurring across the street from your house or in your neighborhood, you would probably definitely take a little better look at this and I am not to, 1 am trying to approach it in a polite way but I have been polite for 18 months to two years now, so this isn't working. The police department, they really don't want to hear from me anymore. It is a low priority call, so nobody comes for half hour, 45 minutes. They did address some of the limos and busses. Under one particular, they are writing tickets to a limo that pulled into the private road for Borghese, backs out across 48. Off duty police officer almost rams into the limo, he swings around, calls a sector car, they are writing that ticket. Another bus, attempts to make the u turn, stops in front of the patrol car, where they are writing the ticket to the limo, backs up across 48, now I almost smack into this van, this bus. So this is unacceptable. I have tons of video. ! have more pictures and I am looking to you for help because otherwise I am going to have release to the local media some of this stuff and you already know that the Suftblk Times is very interested in disregarding the special events permits. So I am to the point where I am begging you for help. SUPERVISOR RUSSELL: Just as a point of information, this Town Board is as frustrated as you are. There is a legal process in place, we are pursuing every available legal opportunity. MR. SHIPMAN: I understand that. October 9, 2012 Page 43 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Also the police chief, from my understanding is, they have spent special attention down there enforcing many aspects of the town code. He just gave us a report this morning that was fairly detailed. Again, we are writing, we understand they are out of compliance, the restraining order. We issue the violations, we do everything we can. We can't control the pace of the court. Regrettably, we wish we could. MR. SHIPMAN: When does it become harassment to neighbors? If I constantly violated town code, you are going to take action if a neighbor is complaining. I don't know where to go. I called regarding the dangerous situation but then to back up a little bit, from 2:30 to 6:30, you have an aided case at Route 48 Vineyard which was seizures or something okay, that happens. Then you have them writing there, the one patrol car writing a special events permit violation. The other officer there is handling the aided case. Shortly after that, there is an MVA at Depot and 48, that was a bus that was making a u mm, two other cars didn't see each other and smacked into each other. Then later, 6:30, 6:45, the car goes into the median because it makes a left into the eastbound lane, traveling westbound, ends up in the median. DUI, arrested for. So within 5 hours, you are having 5 incidents in that one area, compared to all the vineyard's out here, I don't think we are having that many occurrences by each and every vineyard. So the ones that are in non-compliance, there is going to have to be some kind of action. I see it as they are violating the town code. I am sure all you see that they are violating the town code. They have more than 300 people, they are expecting more than 300 people. If somebody complains, it should be written no matter what. Bulletin to the town police in the middle of August said they weren't to be cited unless it was advertised as a dance party. I provided black and white information from the North Fork Patch and the Suffolk Times website stating Saturday dance part at Route 48 Vineyard. They still would not issue the violation. They said they were going to forward it to the town attorney's office. So where are we going ? I am not trying to be a stickler, I love agriculture .... SUPERVISOR RUSSELL: I understand all of that. MR. SHIPMAN: 1 love the vineyards, it is the 1 percent of the vineyards that is taking advantage of the whole neighborhood. Its is totally ridiculous. SUPERVISOR RUSSELL: I understand all of that. we have committed all of our resources, we have pursued every legal opportunity not just through the court but we have gone to the state liquor authority, we file regular complaints with the state liquor authority. We have pursued all of those avenues to try to address this but we are waiting for our day in court which unfortunately the judge controls the calendar to, we do not. MR. SHIPMAN: Okay, so .... SUPERVISOR RUSSELL: We hear you and my understanding was them was a short time where the music got turned inside, things seemed to calm down a little bit. That lasted fbr a short period of time... MR. SHIPMAN: About six weeks. October 9, 2012 Page 44 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Yes. When it went back to full gangbusters, the police department knows where this Town Board stands, that is to write for everything. MR. SHIPMAN: I understand that. but what I am getting is, it is a low priority call, they don't show for an hour. So it's, they are in the middle of dealing with this stuff, the change of shift happened, nobody came back. So now I call again, hour, hour and a half. Who do I call? The state police? I am asking, I am not trying to stick it to you. SUPERVISOR RUSSELL: I understand that. MR. SHIPMAN: There is a problem here in a particular area and because it is low priority for 18 months to 2 years, it is not getting addressed as it would something else. So it's maybe we need more personnel at that time, maybe that has to be a target area. I don't know. SUPERVISOR RUSSELL: We have done that in the past and we have authorized overtime to station people right there in the parking lot and do everything we can to... MR. SHIPMAN: I understand that but it hasn't been that way over the last two weeks. I filed a complaint on the 29th regarding over occupancy and they had like 500-600 people there. They won't touch it. they don't want to write the violation. I can argue until I turn blue and they send out a couple of guys for the traffic enforcement, write a couple tickets and push off. The GoGreen guy got locked up. IfI continually violate town code against somebody else... SUPERVISOR RUSSELL: Nobody got locked up. That is factually incorrect. MR. SHIPMAN: The GoGreen guy didn't get arrested? SUPERVISOR RUSSELL: No, that is not true. Nobody got arrested. TOWN ATTORNEY FINNEGAN: All I can say to you, sir, is that I don't agree with you that this is a low priority. I can assure you that the police department is in constant communication. They are aware of what is going on in the litigation. Just this weekend, the last two weekends there have been numerous violations issued. At least a half a dozen each weekend. The special events code violation was written. All this is happening, it is not a low priority. The reality is, it is not the only site in town where there are incidents and the police respond as quickly as they can but I can assure you that the chief takes it very seriously and is, it is at the top of his list. He is regularly in communication with my office about it, so it is being addressed. 1 understand that is little consolation to you on a day to day basis but it is being addressed. MR. SHIPMAN: Okay, so what about the issues of people having sex in neighbors back yards? The neighbor called, obviously it wasn't a high priority issue so he calls again and then when he said that he was going to go out and take care of the trespasser himself, then a car shows up. Half hour. I understand, it is a position where I have accessed the police department once prior October 9, 2012 Page 45 Southold Town Board Meeting Minutes to this issue for an MVA on 48, otherwise, I would rather live in my home, nobody know who I am, where I am, enjoy my life. Enjoy my children's lives and this, this is not possible. SUPERVISOR RUSSELL: Okay, let me offer something right now because I think there is a lot more here that's going on that might be readily available or readily seen by the public but we also have pending litigation. Let me make an offer right now to have you come and sit down with me, the police chief, the town attorney and a board member and we will go over everything we are trying to get done within town hall, going to those extra party officials such as the state liquor authority, the commissioner of agriculture and markets, all of these people that we are trying to enlist the help of. I will meet with you later this week at any time you want, even if it is in the evening, if it works for you better. So you have a full understanding of everything we are trying to get done. MR. SHIPMAN: I would love that but what I am trying to get and that is why I am here is because I contacted you last week, you would get back to me shortly and I understand you have a lot of stuff to do but I have been notifying you over the last 18 months to 2 years that this is an issue. This is not the first set of pictures of people engaged in whatever you want to call it, there. So it is not a one time thing. So what do we have to do when people are loading up on the busses, across the street from the vineyards, in our backyards urinating? Are they perverts there or are they just drunken people? SUPERVISOR RUSSELL: No. COUNCILMAN TALBOT: And you would get arrested if you gave them a beating. MR. SHIPMAN: There would be no beating, I would just protect my home. COUNCILMAN TALBOT: When I was driving by there one Sunday evening, a girl walked out and went to the bathroom right on the side of the road there. MR. SHIPMAN: Okay, so if you see this, help me. COUNCILMAN TALBOT: Believe me, I have been over there. Visited the Helinski's, you know now they have got their house up for sale. The Zuhoski's on both sides of the farm .... MR. SHIPMAN: If nothing is done, you are going to have 30 of these things going on in town because if they are making the money then Bedell is going to want to make the money. COUNCILMAN TALBOT: They have no regard for the community at all. SUPERVISOR RUSSELL: I understand the frustration because results aren't taking place as quickly as all of us would like to but to suggest that nothing is getting (inaudible) is just not the case. October 9, 2012 Page 46 Southold Town Board Meeting Minutes MR. SHIPMAN: I am not saying nothing is getting done, I am saying it is a continual problem that has escalated. SUPERVISOR RUSSELL: Yes, no doubt. MR. SHIPMAN: So I am asking put a sector car there the whole time if that is what it takes on a Saturday to address something. Make it so his tour is from Alvahs to Depot and you don't involve him for anything less than an officer needs assistance or an MVA. Because this is what we run into, they are at an MVA, they can't respond, they are at a domestic, they can't respond, so it is an hour and a half later. So now all the bus drivers, all the limo drivers they all wave to me when they leave and it is not a nice wave. SUPERVISOR RUSSELL: Right. I understand that. MR. SHIPMAN: The employees from Route 48 come over and approach my wife when she is taking a video, for standing on our front yard. So this is not going away. This is a business that is taking advantage of Southold Town, doing what they want. If I didn't comply with Southold Town, legal action would be taken and or you would be arrested. These people are harassing us. Other neighbors have given up because they just don't want to be bothered. And the only reason I am here at Town Hall is because I have been a nice guy the whole time, can you help me, can you help me, can you help me? And it is not moving. At all. I understand the litigation, I will wait for the litigation but they are breaking the town code in black and white. It wouldn't be an issue, you couldn't help me last year because there was no noise ordinance, then I had to go to the town code to find out how to do this. Other vineyards, they are not having dance parties, DJ wine tasting parties. Different name, same party. I just feel like I am beating it to death. COUNCILMAN KRUPSKI: We are taking you seriously. MR. SHIPMAN: I understand that. I do. And 1 know you are in agriculture, I am not hammering that. I am hammering the one vineyard that is being totally obnoxious and I am asking for the help, so instead of you know, we will send a sector car down right now and you get it an hour later, it's really not a help. There has got to be something. SUPERVISOR RUSSELL: I will reach out to you tomorrow, we will set something up for a night this week. MR. SHIPMAN: Thank you very much for your ears. COUNCILMAN TALBOT: Thank you. Lynne Summers, Cutchogue LYNNE SUMMERS: Lynne Summers, 1100 Bayer Road. 1 was coming westbound around the time you were on the south side of the street after the accident up on Depot Lane. Someone actually backed up from Elijahs in towards me. Another car and I swerved. I went home and made a phone call and 4 hours later I got called back. I do not plan to die in Southold Town this way. 1 wanted to look at a property north of Route 48, to live the rest of my life. And 1 am October 9, 2012 Page 47 Southold Town Board Meeting Minutes asking for a sector car, like you. if that is the least you can do, I plan to go on the Main Road for the rest of my life until they shut that place down. But that was totally out of control, there were people, they don't know how to drive limos, is that correct? And that, really, that is part of the problem, some of those people don't know how to drive a limo and they do all kind of things. They might be dead sober. I am not against agriculture, I worked in the wine industry for at least 20 years of my life. But I don't want to die this way and I don't want anybody else to die this way. And you and I know, you grew up here, I have lived here for 42 years but this is, this is sadness in its worst, worst way. And when I got home I said to my husband, you know what? Somebody is going to have to die there until something is really done. And then if somebody who had money sued those people that have that place but you know, at least we can have protection between those two streets. Because that is the problem and I think it is more Saturday than Sunday, am I correct? I don't live there but I would like to (inaudible). But thank you very much. I am so glad, this has been on my mind for three days. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Would anyone else like to address the Town Board on any issue? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:16 P.M. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER:Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Krupski Jr., Evans, Russell ABSENT: Jill Doherty