Loading...
HomeMy WebLinkAboutAG-01/15/2013ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631 ) 765 - 1800 www.southoldtownny.gov FINAL AGENDA SOUTHOLD TOWN BOARD January 15, 2013 7:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Agenda is generally available the Friday before the meeting. The video of the meeting is usually available 1-2 hours after the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed in one of two ways: (1) The town of Southold website: www. southoldtownn¥.gov Click on "Town Board On- Line"; Click Box "Yes" to be redirected to IQM2 and you will then be redirected to the Town Clerk online site. (2) www.townclerk, com Enter zip code 11971 in box on lower right hand side and "enter". On the left hand side of screen a dark blue box will pop up, you will see "Town of Southold, Long Island, NY", click on this and another box will pop up that will tell you that you are being directed to another site click on "Yes" to go into the Town Clerk site. Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the meeting by clicking on the camera symbol. All of this information is available 24/7. If you would like help navigating the site, please feel free to call my office 631-765-1800. CALL TO ORDER 7:30 PM Meeting called to order on January 15, 2013 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrived Councilman William Ruland [] [] [] Councilman Christopher Talbot [] [] [] Councilwoman Jill Doherty [] [] [] Councilman Albert Krupski Jr. [] [] [] Justice Louisa P. Evans [] [] [] Southold Town Meeting Agenda - January 15, 2013 Page 2 [ Supervisor Scott Russell [] [] [] I I. REPORTS 1. Justice Rudolph H. Bruer December 2012 2. Board of Town Trustees December 2012 3. Human Resource Center December 2012 4. Planning Board November and December 2012 5. Justice Louisa P. Evans December 2012 6. Justice William H. Price Jr. December 2012 7. Program for the Disabled December 2012 8. Department of Public Works December 2012 9. Building Department December 2012 10. Budget Report October 2012 November 2012 11. Town Clerk Reports Month end - December 2013 4th Quarter 2013 2nd half 2013 Year End 2013 12. Recreation Department Southold Town Meeting Agenda - January 15, 2013 Page 3 November 2012 December 2012 13. Zoning Board of Appeals December 2012 14. Special Projects Coordinator December 2012 II. PUBLIC NOTICES III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 A.M. - EXECUTIVE SESSION - Labor Matters involving employment of particular person/s Update on PBA & CSEA Negotiations 2. 11:00 A.M. - Phillip Beltz, Fred Andrews & John ¥iteretti, Housing Advisory Commission Reconsideration of First Time Homebuyer Exemption of CPF Tax 3. 11:30 A.M. - Phillip Beltz, Mark Terry, Heather Lanza & Don Wilcenski Natural Resources Chapter "Water Resources" 4. 12:15 P.M. - Melissa Spiro CPF Advisory Opinions Bureau meeting Update 5. 12:30 P.M. - Bob Scott, Assessors LL/Increase in the Cold War Veterans Exemption 6. Trailer Permit Fees 7. Highway/DPW Equipment Storage 8. Councilwoman Jill Doherty Consideration to Waive Permits for Drainage Projects on Residential Property 9. Councilman Krupski Eastern L.I. Sound Dredged Material Disposal Sites 10. LL/Amendments to Chapters 111 & 275 11. LL/Plum Island Zoning V. RESOLUTIONS Southold Town Meeting Agenda - January 15, 2013 Page 4 2013-65 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set Next Regular Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, January 29, 2013 at the Southold Town Hall, Southold, New York at 4:30 P.M.. Vote Record Resolution RES 2013 65 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2013-66 CA TEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated January 15~ 2013. Vote Re'cord 'Resolution RES 2013 66 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action Southold Town Meeting Agenda - January 15, 2013 Page 5 2013-27 Tabled 1/2/2013 11:00 AM CA TEGORY: Organizational DEPARTMENT: Town Clerk Appointment to the Southold Town Planning Board Member RESOLVED that the Town Board of the Town of Southold hereby appoints a Fishers Island resident to the Southold Town Planning Board effective from January 1, 2013 through December 31, 2017. -/Vote Record Resolution RES 2013 27 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled = [] Withch-awn CN'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded ~- Louisa P. Evans [] [] [] [] [] Town Clerk's Appt = [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2013-67 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Resource Center to Register with Propio Language Services for Over-The-Telephone or Written Translation And/Or Interpretation Services RESOLVED that the Town Board of the Town of Southold hereby authorizes the Southold Town Human Resource Center to register with Propio Language Services for over-the-telephone or written translation and/or interpretation services in connection with the County of Suffolk's requirement for 2013 under their policy entitled "Equal Access to Services and Targeting Policy and Telephonic Interpretation", subject to the approval of the Town Attorney. Vote Record Resolution RES 2013 67 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland [] [] [] [] [] Defeated [] Tabled CN'istopher Talbot [] [] [] [] [] Withch-awn Jill Doherty [] [] [] [] [] Supe~wisor's Appt Albert Krupski Jr. [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans [] [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell [] [] [] [] Southold Town Meeting Agenda - January 15, 2013 Page 6 [] Supt Hgwys Appt [] No Action 2013-68 CATEGORY: DEPARTMENT: Bid Acceptance Town Clerk 2013 Heating Fuel Oil RESOLVED that the Town Board of the Town of Southold hereby accepts the hid of Burt's Reliable, 1515 Youn~'s Avenue, Southold, NY to supply the town with heatin~ fuel oil for 2013 at $0.25 per ~allon over the Northville Rack Price, subject to the approval of the Town Attorney. Vote Record Resolution RES 2013 68 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] With&awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2013-69 CATEGORY: Employment - Town DEPARTMENT: Accounting Grant FMIM Leave to a Town Employee RESOLVED that the Town Board of the Town of Southold hereby grants a leave of absence for up to 12 weeks to Employee #4015 effective December 12, 2012 pursuant to the Family Medical Leave Act. Vote Record Resolution RES 2013 69 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland [] [] [] [] [] Defeated ~ [] Tabled Ct~'istopher Talbot [] [] [] [] [] With&awn Jill Doherty [] [] [] [] Southold Town Meeting Agenda - January 15, 2013 Page 7 [] Supe~wisor's Appt Albert Krupski Jr. [] Tax Receiver's Appt Louisa P. Evans [] Rescinded [] Town Clerk's Appt Scott Russell [] Supt Hgwys Appt [] No Action 2013-70 CATEGORY: Employment - Town DEPARTMENT: Accounting ~lppoint Donald Dzenkowski PT Seasonal Bay Constable RESOLVED that the Town Board of the Town of Southold hereby appoints Donald Dzenkowski to the position of Part-Time Temporary Bay Constable for the Police Department, effective January 16, 2013, at a rate of $30.00 per hour. Vote Record Resolution RES 2013 70 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] With&awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2013-71 CATEGORY: DEPARTMENT: Budget Modification Solid Waste Management District SI~TFJD Budget Mods Financial Impact: Trailer brake repairs needed for inspection; 4th Qtr. groundwater monitoring. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Solid Waste Management District budget as follows: From: Southold Town Meeting Agenda - January 15, 2013 Page 8 SR 8160.2.500.600 SR 8160.4.100.500 SR 8160.4.100.551 SR 8160.4.100.573 SR 8160.4.100.581 SR 8160.4.400.300 SR 8160.4.400.850 SR 8160.4.100.550 SR 8160.4.400.840 SR 8160.4.500.175 (Misc. Sanitation Equip) (Motor Vehicle Glass) (Maim/Cat 966) (Maint/Trommel Screen) (Maim/Kenworth Tractor) (Public Info. Materials) (Refrigerant Removal) (Maim/Supply Komatsu) (Haz Waste Removal) (Gas Monitoring) To: SR 8160.4.400.680 (Trailer Fleet Repairs) SR 8160.4.500.150 (Groundwater Monitoring) TOTAL: TOTAL: $ 550 200 250 180 160 300 275 1,365 2,585 3,390 $ 9,255 $1,915 7,340 $ 9,255 Vote Record Resolution RES 2013 71 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded ~--- Louisa P. Evans [] [] [] [] [] Town Clerk's Appt = [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2013-72 CATEGORY: DEPARTMENT: Budget Modification Police Dept Police Dept - Budget Modification Financial Impact: Donation - Sts. Anargyroi & Taxiarhis Ladies of Philoptohos of Greenport RESOLVED that the Town Board of the Town of Southold hereby increases the 2013 General Fund Whole Town Budget as follows: Revenues: A. 2705.40 Gifts & Donations $50 Appropriations: Southold Town Meeting Agenda - January 15, 2013 Page 9 A. 3120.2.200.200 Office Equipment/Chairs $50 Vote Record Resolution RES 2013 72 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action 2013-73 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Public Works 2013 Shellfish Program Financial Impact: Agreement with Cornell Cooperative Extension in connection with the 2013 Shellfish Hatchery and Town Shellfish Program at Cedar Beach, Southold RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an A~reement with Cornell Cooperative Extension, in connection with 2013 Southold Town Shellfish Pro,ram, in the amount of $20,000 for the term January 1, 2013 through December 31, 2013, all in accordance with the approval of the Town Attorney. Vote Record Resolution RES 2013 73 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action Southold Town Meeting Agenda - January 15, 2013 Page 10 2013-74 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Accounting Engagement Letter with George Rehn, CPA RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the engagement letter with George R. Rehm CPA re~ardin~ performin~ an audit of the Peconic Bay Community Preservation Fund for the year ended December 31, 2012, at a cost not to exceed $7,000.00, subject to the approval of the Town Attorney. Vote Record Resolution RES 2013 74 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] With&'awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2013-75 CATEGORY: DEPARTMENT: Public Service Town Attomey Designate Public Bathing Beaches RESOLVED that the Town Board of the Town of Southold hereby designates the following beaches as public bathing beaches that have lifeguards and restroom facilities approved by the Suffolk County Health Department: Goose Creek Beach Kenny's Beach Norman E. Klipp Marine Park Beach McCabe's Beach New Suffolk Beach Southold Town Beach · /VoteRecord Resolution RES 2013 75 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent William Ruland [] [] [] [] Southold Town Meeting Agenda - January 15, 2013 Page 11 [] Tabled Ctn'istopher Talbot [] Withdrawn Jill Doherty [] Supe~wisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. [] Rescinded Louisa P. Evans [] Town Clerk's Appt Scott Russell [] Supt Hgwys Appt [] No Action 2013-76 CATEGORY: DEPARTMENT: Budget Modification Human Resource Center Budget Modification from Revenue to Expenditure Line- HRC Financial Impact: Modifying donations received from revenue line to appropriations line m Programs'for the Aging 2013 Budget RESOLVED that the Town Board of the Town of Southold hereby modifies the 2013 General Fund Whole Town budget as follows: To: Revenues A. 2705.40 To: Appropriations A. 6772.2.500.600 TOTAL: TOTAL: Other Donations Gifts and Donations Programs for the Aging Other Equipment Senior Program Equipment $2,000.00 $2,000.00 $2,000.00 $2,000.00 Southold Town Meeting Agenda - January 15, 2013 Page 12 Vote Record Resolution RES 2013 76 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2013-77 CATEGORY: DEPARTMENT: Attend Seminar Town Attorney Grants Permission to Town Attorney, Martin D. Finnegan, Assistant Town Attorney, dennifer Andaloro, and Assistant Town Attorney, Lori M. Hulse, to View the Seminar Entitled "The CPLR in Everyday Practice" RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town Attorney, Martin D. Finnegan, Assistant Town Attorney, Jennifer Andaloro, and Assistant Town Attorney, Lori M. Hulse, to view the dvd series for the seminar entitled "The CPLR in Everyday Practice". All fees are to be a legal charge to the 2013 Town Attorney budget. Vote Record Resolution RES 2013 77 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2013-78 CATEGORY: DEPARTMENT: Property Acquisition Public Hearing Land Preservation Southold Town Meeting Agenda - January 15, 2013 Page 13 Set P.H. Mayne Property A cquisition RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, January 29, 2013, at 4:36 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purpose of adding a parcel owned by Frederick H. Mayne to the Town's Community Preservation Fund Eligible Parcel List and for the purpose of purchasing the fee title to said parcel for open space purposes. Said parcel is identified as SCTM #1000-68.-4-11. The address is 2732 Soundview Avenue, Peconic, New York, located between the southerly side of Soundview Avenue and the northerly side of CR48 in Peconic in the R-80 zoning district. The proposed acquisition is for fee title of 2.5075 acres, as per a survey dated January 31, 2003 by Peconic Surveyors, P.C. The property is important for purposes of open space, aquifer recharge and wetland protection, similar to the criteria listed for the properties adjacent to and in the vicinity of the subject property, which are on the current Eligible Parcel List. The property has been offered for sale to the Town of Southold as open space. The purchase price is $12,537.50 (twelve thousand five hundred thirty-seven dollars and fifty cents) based on an accepted offer of $5,000.00 (five thousand dollars) per acre. The seller may claim a bargain sale. The property is being added to the Community Preservation Plan and the purchase will be funded by the Community Preservation Fund. The purpose of the acquisition is for the preservation of open space, aquifer recharge and wetland protection. The property will remain in its undisturbed natural state. As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have reviewed the acquisition and have determined that sanitary flow credits will not be transferred from this property. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Vote Record Resolution RES 2013 78 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended ~_ [] Defeated William Ruland [] [] [] [] [] Tabled Ct~'istopher Talbot [] [] [] [] [] Withch-awn Jill Doherty [] [] [] [] [] Supe~wisor's Appt ~ [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt = Scott Russell [] [] [] [] [] Supt Hg~vys Appt ~ Southold Town Meeting Agenda - January 15, 2013 Page 14 [] No Action 2013-79 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute the New York State Department of Motor Vehicles License Event Notification Service Agreement RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the New York State Department of Motor Vehicles License Event Notification Service Agreement (LENS) between the Town of Southold and the New York State Department of Motor Vehicles, subject to the approval of the Town Attorney. Vote Record Resolution RES 2013 79 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] With&awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2013-80 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Organ Donor Network Bike Tour 5/19/13 Financial Impact: Police Department cost for event = $59. 71 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the New York Organ Donor Network to use the following route for its 4 Annual North Shore Bike Tour, beginning at Osprey Dominion Winery, Main Road, Peconic, east on Route 25 to Moore's Lane, Greenport, north on Moore's Lane to the North Rd, east to Orient Point State Park, Orient and back to the winery, on Sunday, May 19, 2013 beginning at 7:00 A.M., provided: 1. They file with the Town Clerk a One Million Dollar Certificate of Insurance Southold Town Meeting Agenda - January 15, 2013 Page 15 naming the Town of Southold as an additional insured; 2. Make every effort to control noise; 3. Ride coordinator reviews the rules of the road for bicyclists with the riders prior to the start of the event; 4. Coordinate traffic control upon notification of the adoption of this resolution with Captain Kruszeski 5. No permanent markings be placed on town, county or state roads or property for the event; 6. Any road markings or signs for the event 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. Vole Record Resolution RES 2013 80 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated ~--~ William Ruland [] [] [] [] [] Tabled [] WithO'awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded = Louisa P. Evans [] [] [] [] [] Town Clerk's Appt ~_ [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2013-81 CATEGORY: DEPARTMENT: Attend Seminar Police Dept Police Dept - Adv EMD Training RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to Public Safety Dispatcher I Rose A~uiar to attend an Advanced EMD (Emergency Medical Dispatch) trainin~ at Suffolk County Fire Rescue~ Yaphank~ NY~ from Monday January 28 through Wednesday January 30~ 2013. All expenses for registration, travel to be a legal charge to the 2013 Public Safety Communications budget line A. 3020.4.600.400. Vote Record Resolution RES 2013 81 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended ~--~ [] Defeated William Ruland [] [] [] [] [] Tabled Ct~'istopher Talbot [] [] [] [] [] With&-awn = Jill Doherty [] [] [] [] [] Supe~wisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] Southold Town Meeting Agenda - January 15, 2013 Page 16 [] Rescinded Louisa P. Evans [] Town Clerk's Appt Scott Russell [] Supt Hgwys Appt [] No Action 2013-82 CATEGORY: DEPARTMENT: Budget Modification Highway Department Budget Modification - Highway Dept Financial Impact: To cover over-drawn 2012 budget lines RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Highway Fund Part Town budget as follows: To: DB.5110.1.100.100 DB.5110.1.100.200 DB.5110.4.100.200 DB.5110.4.400.600 DB.5130.1.100.200 DB.5130.4.100.500 DB.5140.4.200.100 General Repairs Personal Services Full Time Employees Regular Earnings General Repairs Personal Services Full Time Employees Overtime Earnings General Repairs Contractual Expense Supplies & Materials Fuel & Lubricants General Repairs Contractual Expense Contracted Services Other Contracted Services Machinery Personal Services Full Time Employees Overtime Earnings Machinery Contractual Expense Supplies & Materials Parts & Supplies Brush & Weeds/Miscellaneous Contractual Expenses Utilities $25,000.00 5,000.00 16,518.00 3,703.00 1,727.00 1,588.00 Southold Town Meeting Agenda - January 15, 2013 Page 17 Telephone/Cellular Phones 250.00 From: DB.5142.1.100.100 DB.5110.4.100.960 DB.5110.4.100.550 DB.5130.4.100.550 DB.5130.4.400.650 DB.5140.4.100.400 DB.5142.1.100.200 Snow Removal Personal Services Full Time Employees Regular Earnings General Repairs Contractual Expense Supplies & Materials Drain Pipe/Rings/Covers General Repairs Contractual Expense Supplies & Materials Equipment Parts/Supplies Machinery Contractual Expense Supplies & Materials Tires Machinery Contractual Expense Contracted Services Maintenance & Repairs Brush & Weeds/Miscellaneous Contractual Expense Supplies & Materials Implements (Small Tools) Snow Removal Personal Services Full Time Employees Overtime Earnings TOTAL: $53,786.00 $30,000.00 10,000.00 251.00 9,970.00 1,588.00 250.00 1,727.00 TOTAL: $53,786.00 Vote Record Resolution RES 2013 82 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended -- [] Defeated William Ruland [] [] [] [] [] Tabled Ct~'istopher Talbot [] [] [] [] [] Withch-awn = Jill Doherty [] [] [] [] [] Supe~wisor's Appt [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt ~-- [] No Action Southold Town Meeting Agenda - January 15, 2013 Page 18 2013-83 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute an Agreement Between the Town of Southold and the Suffolk County Board of Elections to Lease the Southold Town Recreation Center RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and the Suffolk County Board of Elections to lease the Southold Town Recreation Center for use as a Polling Place on four dates certain in 2013 and 2014, contingent upon the filing of a Certificate of Insurance in the amount of $1,000,000.00 with the Town Clerk, subject to the approval of the Town Attorney. Vote Record Resolution RES 2013 83 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2013-84 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute a Service Agreement Between the Town of Sou&old and Cablevision Lightpa&, Inc. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Service Agreement between the Town of Southold and Cablevision Lightpath, Inc. regarding the Town's data, voice and internet connectivity, for a three year term, at a cost of $8,306.00 per month for three years, subject to the approval of the Town Attorney. ffVoteRecord Resolution RES 2013 84 [] Adopted [] Adopted as Amended Southold Town Meeting Agenda - January 15, 2013 Page 19 [] Defeated William Ruland [] Tabled Ctn'istopher Talbot [] Supe~wisor's Appt Jill Doherty [] Tax Receiver's Appt Albert Krupski Jr. [] Rescinded Louisa P. Evans [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] No Action 2013-85 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Attorney PH2/12/13 @ 7:32 PM LL/Jncrease Cold War I/ets Tax WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 15th day of January, 2013, a Local Law entitled "A Local Law to Increase the Tax Exemption for Cold War Veterans" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 12th day of February, 2013 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law to Increase the Tax Exemption for Cold War Veterans" reads as follows: LOCAL LAW NO. 2013 A Local Law entitled, "A Local Law to Increase the Tax Exemption for Cold War Veterans". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold wishes to increase the New York State Real Property Tax Law exemption provided to Cold War Veterans. This increase of the existing exemption to veterans of the Cold War period is an appropriate accommodation and recognition of these valued individuals, to the fullest extent permitted by New York State law. II. Chapter 245 of the Code of the Town of Southold is hereby amended as follows: Southold Town Meeting Agenda - January 15, 2013 Page 20 §245-18. Cold War Veterans Exemption. A. Qualifying residential real property shall be exempt from taxation to the extent of fifteen percent (15%) of the assessed value of such property; provided, however, that such exemption shall not exceed two!vt rift,/four thousand dollars or the product of two!vt rift,/four thousand dollars multiplied by the latest state equalization or the latest class ratio, whichever is less. B. In addition to the exemption provided by paragraph A of this Section, where the Cold War Veteran received a compensation rating from the United States veterans affairs or from the United States department of defense because of a service connected disability, qualifying residential real property shall be exempt from taxation to the extent of the product of the assessed value of such property, multiplied by fifty percent of the Cold War veteran disability rating; provided, however, that such exemption shall not exceed fc. Xy one hundred eiv, ht,/thousand dollars, or the product of fc. Xy one hundred eight,/thousand dollars multiplied by the latest state equalization rate or the latest class ratio, whichever is less. 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 apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January 1,200~ 2013. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. The Southold Town Clerk is directed to forward a copy of this Local Law to the State Board of Real Property Services and the Southold Town Assessors. Vote Record Resolution RES 2013 85 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated William Ruland [] [] [] [] [] Tabled [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt Scott Russell [] [] [] [] [] No Action Southold Town Meeting Agenda - January 15, 2013 Page 21 2013-86 CATEGORY: Seqra DEPARTMENT: Town Attorney LL/Amendments to Chapters 111 & 275 SEQRA RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed Local Law entitled "A Local Law in Relation to Amendments to Chapter 111, Coastal Erosion Hazard Areas, and Further Amendments to Chapter 275, Wetlands and Shoreline" is classified as a Type II action pursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Vote Record Resolution RES 2013 86 [] Adopted [] Adopted as Amended Yes/Aye No/Nay Abstain Absent [] Defeated ~--- William Ruland [] [] [] [] [] Tabled ~ [] Withch-awn Ct~'istopher Talbot [] [] [] [] [] Supe~wisor's Appt Jill Doherty [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded ~--- Louisa P. Evans [] [] [] [] [] Town Clerk's Appt ~_. [] Supt Hg~vys Appt Scott Russell [] [] [] [] [] No Action 2013-87 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact LL Re: ~lmendments to Chapter 111 and Chapter 275 WHEREAS, there had been presented to the Town Board of the Town of Southold, Suffolk County, New York, onthe 18th day of December, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 111, Coastal Erosion Hazard Areas and Further 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 will be given an opportunity to be heard, now therefore be it RESOLVED the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 111, Coastal Erosion Hazard Areas and Further Amendments to Chapter 275, Wetlands and Shoreline" that Southold Town Meeting Agenda - January 15, 2013 Page 22 reads as follows: LOCAL LAW NO. 2013 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 111, Coastal Erosion Hazard Areas and Further Amendments to Chapter 275, Wetlands and Shoreline". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town of Southold has the authority to administer a Coastal Erosion Management Program within its jurisdiction. One purpose of this chapter is to establish standards and procedures to protect natural protective features, expanding the definition to include wetland areas. Another purpose of this chapter is to regulate development activities in coastal areas subject to coastal flooding and erosion in order to prevent damage or destruction of natural protective features and other natural resources. Regulating how to calculate the building area with more specificity will aid in preventing unnecessary damage to the natural protective features and protect human life. A coastal erosion management permit is necessary for the installation of cable service landward of the shoreline structures, consistent to other similar services. Reference to Chapter 236, recognizes certain activities that require a coastal erosion management permit and also Pall within the regulations of Stormwater Management. II. Chapter 111 of the Code of the Town of Southold is hereby amended as follows: §111-6. Def'mitions. ADMINISTRATOR -- The local officials responsible for administrating and enforcing this chapter. The Southold Town Board of Trustees is hereby designated as the "Administrator." The Administrator designates the Southold Town Police Department, Bay Constables and the Office of Code Enforcement as responsible for the enforcement of this Chapter. LIVABLE FLOOR AREA -- All spaces within the exterior walls of a dwelling unit, exclusive of garages, breezeways, unheated porches, cellars, heater rooms and approved basements having a window area of less than 10% of the square foot area of the room. Usable floor area shall include all spaces not otherwise excluded above, such as principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit. MAJOR ADDITION -- An addition to a structure principal building resulting in a twenty-five- percent or greater increase in the ~un,~ area c~¥cragc building footprint of the ......... principal building other than an erosion protection structure or a pier, dock or whar£ The increase will be calculated as the proposed livable floor area ~cun,. area cc¥cragc ,~ ~c a,.,.c,., including any additions to the principal building prc¥icus!y constructed '_ ' '_~_'_ : managcmcn, pcrmi, as of the enactment date of this chapter, divided by the~ ..... w**,.~ ~. ............. ~ ~v, ~ ~ livable floor area of the ' ' ~"~ .... ........................ ~ ............... principal Southold Town Meeting Agenda - January 15, 2013 Page 23 building. NATURAL PROTECTIVE FEATURE - A nearshore area, beach, bluff} primary dune, secondary dune, wetland or marsh and their vegetation. PRINCIPAL BUILDING - A building in which is conducted the main or principal use of the lot on which said building is located. UNREGULATED ACTIVITY -- Excepted activities which are not regulated by this chapter include but are not limited to elevated walkways or stairways constructed solely for pedestrian use and built by an individual property owner for the limited purposes of providing noncommercial access to the beach; docks, piers, wharves or structures built on floats, columns, open timber piles or other similar open work supports with a top surf:ace area of less than 200 square feet or which are removed in the fall of each year; normal beach grooming or cleanup; maintenance of structures when normal and customary and/or in compliance with an approved maintenance program; set up and maintenance of temporary wildlife protective structures; planting vegetation and sand fencing so as to stabilize or entrap sand in primary dune and secondary dune areas in order to maintain or increase the height and width of dunes; routine agricultural operations, including cultivation or harvesting; and the implementation of practices recommended in a soil and water conservation plan as defined in § 3, Subsection (12), of the Soil and Water Conservation Districts Law; provided, however, that agricultural operations and implementation of practices will not be construed to include any activity that involves the construction or placement of a structure. WILDLIFE PROTECTIVE STRUCTURES - Structures, temporary in nature, used for the sole purpose of protecting nesting and habitat of wildlife species. §111-10. Structural hazard area. The following restrictions apply to regulated activities within structural hazard areas: A coastal erosion management permit is required for the installation of public service distribution, transmission or collection systems for gas, electricity, water or wastewater and cable service. Systems installed along the shoreline must be located landward of the shoreline structures. §111-11. Nearshore area. Clean sand or gravel of an equivalent or slightly larger grain size is the only material which may be deposited within nearshore areas., ^~v-'' ,~vvo.~.v** ~ ..... :~: ^- and will requires a coastal erosion management permit. §111-12. Beach area. C. Active bird nesting and breeding areas must not be disturbed unless such disturbance is Southold Town Meeting Agenda - January 15, 2013 Page 24 pursuant to a specific wildlife management activity approved, in writing, by the New York State Department of Environmental Conservation. §111-14. Bluff area. Bluff~ protect shorelands and coastal development by absorbing the often destructive energy of open water. Bluff~ are a source of depositional material for beaches and other unconsolidated natural protective features. The following activities are prohibited on bluff~: (4) Disturbance of active bird nesting and breeding areas, unless such disturbance is pursuant to a specific wildlife management activity approved, in writing, by the New York State Department of Environmental Conservation. §111-25. Appealto Board of Review. The Coastal Erosion Hazard Board of Review may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination of the Administrator, including stop or cease-and-desist orders. Notice of such decision will forthwith be given to all parties in interest. The rules and procedures for filing appeals are as follows: A. Appeals may be made only by the applicant in the underlying decision. A.B~ Appeals must be filed with the Town Clerk within 30 days of the date of the adverse decision. ~.C~ All appeals made to the Coastal Erosion Hazard Board of Review must be in writing on standard forms prescribed by the Board. The Board will transmit a copy to the Commissioner of the New York State Department of Environmental Conservation for his information. C~D~ All appeals must refer to the specific provisions of this chapter involved, specify the alleged errors, the interpretation thereof that is claimed to be correct and the relief which the appellant claims. § 111-27. Coastal erosion management permit. A coastal erosion management permit will be issued for regulated activities which comply with the general standards (§ 111-9), restrictions and requirements of the applicable sections of this chapter, provided that the following are adhered to: Permits will be issued by and bear the name and signature of the Administrator and will specify the: (5) Period of permit validity. If not otherwise specified, a permit will expire c~nc year two years from the date of issuance. §111-29. Powers and duties of Administrator. Southold Town Meeting Agenda - January 15, 2013 Page 25 The authority for administering and enforcing this chapter is hereby conferred upon the Administrator. The Administrator has the powers and duties to: Designate the Southold Town Police Department, Bay Constables, and/or the Office of Code Enforcement to enforce ............................. wolat~ons oftNs Chapter and notice of violations to-against property owners or to other responsible persons. III. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: 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. § 275-4. Exceptions. The provisions of this chapter shall not require a permit for the following: (t0) Installation of new or replacement windows, roof shingles, solar panels, siding; or doors, on existin~ upland structures and second story additions that are madev...: ;c ~a;^~,~ ithi th ~";'~;~ fo tp int f i ti d d .............. arcw n e ......... s o r o an exs ngan arc ma ctcan ........... v ........... structure. § 275-11. Construction and operation standards. General. The following standards are required for all operations within the jurisdiction of the Trustees: (6) Platforms. (a) Platforms associated with stairs may not be larger than gg tOO .square feet. IV. 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. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record Resolution RES 2013 87 [] Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland [] [] [] [] [] Defeated ~--- [] Tabled CN'istopher Talbot [] [] [] [] [] Withch-awn Jill Doherty [] [] [] [] Southold Town Meeting Agenda - January 15, 2013 Page 26 [] Supe~wisor's Appt Albert Krupski Jr. [] Tax Receiver's Appt Louisa P. Evans [] Rescinded [] Town Clerk's Appt Scott Russell [] Supt Hgwys Appt [] No Action VI. PUBLIC HEARINGS Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearing. PH 1/15/13 ~ 7:32 PM LL/Amends to 111 & 275 Meeting Reconvened Meeting reconvened at P.M. Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at P.M. Elizabeth A. Neville Southold Town Clerk