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HomeMy WebLinkAboutTB-01/02/2013ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFF1CER 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 January 2, 2013 4:30 PM A Regular Meeting of the Southold Town Board was held Wednesday, January 2, 2013 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 January 2, 2013 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name William Ruland Christopher Talbot Jill Doherty Albert Krupski Jr. Louisa P. Evans Scott Russell Elizabeth A. Neville Martin D. Finnegan Organization Title Status Arrived Town of Southold Councilman Present Town of Southold Councilman Present Town of Southold Councilwoman Present Town of Southold Councilman Present Town of Southold Justice Present Town of Southold Supervisor Present Town of Southold Town Clerk Present Town of Southold Town Attorney Present I. Reports 1. Island Group Health Care Plan II. Public Notices 1. Notice of Liquor License Renewal 2. NYS Liquor License Renewals III. Communications IV. Discussion 1. Consider a Resolution to Engage Services of L.I.T.E.S 2. Consider a Resolution Authorizing Suffolk County to Create a Land Bank 3. Permit Fees 2013 January 2, 2013 Page 2 Southold Town Board Meeting Minutes 4. East End Deer Management Meeting 5. 10:00 Am - Michael Collins & Jamie Richter 6. 10:15 Am - Leslie Weisman, ZBA Motion To: Motion to recess On motion by Councilman Ruland, seconded by Councilman Krupski, it was RESOLVED that this meeting of Town Board of the Town of Southold is hereby Recessed at 10:58 AM for the purpose of holding the Annual Organizational Meeting. RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Motion To: Motionto reconvene On motion by Justice Louisa Evans, seconded by Councilman Talbot, it was RESOLVED that this Town Board meeting which was recessed at 10:58 AM be and hereby is reconvened at 11:39AM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell EXECUTIVE SESSION - Labor Motion To: Motion to Enter into Executive Session On motion by Justice Lousia Evans, seconded by Councilman Albert J. Krupski, Jr., it was RESOLVED that the Town Board of the Town of Southold hereby enters into Executive Session at 11:39M for the purpose of discussing the following matters: Employment history and performance of a particular person or persons or matters leading to the appointment, employment, promotion, discipline, suspension, dismissal or removal of a particular person or persons. Collective bargaining negotiations necessary to formulate strategy regarding the PBA and CSEA Unions. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Motion To: Motion to EXIT from Executive Session On motion by Justice Louisa Evans, seconded by Councilman Albert J. Krupski, Jr., It was RESOLVED that the Town Board of the Town of Southold hereby EXITS from this Executive Session at 12:55 PM. January 2, 2013 Page 3 Southold Town Board Meeting Minutes RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Doherty, Kmpski Jr., Evans, Russell There were no resolutions placed on the agenda s a result of this Exeucitve Session Motion To: Motion to recess On motion by Councilman William Ruland, seconded by Justice Evans, it was RESOLVED that this 9:00 AM meeting of the Southold Town Board be Recessed at 12:55 PM to be reconvened at the 4:30 PM. Regular Meeting. RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Albert Kmpski Jr., Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Pledge to the Flag Motion To: Motionto reconvene On motion by Councilman William Ruland, seconded by Councilwoman Jill Doherty, it was RESOLVED that this meeting of the Southold Town Board which was recessed at 12:55 PM is hereby RECONVENED at 4:30 PM for the Regular Meeting. RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Opening Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance to the Flag. Thank you. I would invite anyone that would like to comment on any of the agenda items to please feel free to comment. Robert Dunn, Peconic ROBERT DUNN: Robert Dunn, Peconic. Regarding the issue with the dog thing. I know you have scheduled it. I am pretty much neutral on the issue itself but you scheduled the hearing for two weeks is it? 1 think you might find yourselves in a little muddy water there. Pretty much along the lines of what happened with the Mill Lane parking in that you are going to get summer people who are really going to be annoyed one way or the other and I know that the hearings are publicized and I know that but these, it is just going to be a problem, no matter how you decide it, if it is decided that and I think that you might want to consider holding that off until the spring, I mean, April, if they don't get here in April that is tough on them but I mean their, you January 2, 2013 Page 4 Southold Town Board Meeting Minutes can't please everybody all the time. But I think, I know personally I was a summer only resident when that Mill Lane issue went through, it went through in late fall and I was kind of angry because I really didn't feel I was given a fair opportunity. Now I am on the website every two weeks without fail and I am here. But I really think that's something you should consider, just the timing. Is it appropriate to talk about the issue yourselves? SUPERVISOR RUSSELL: Of course. MR. DUNN: I didn't know if that .... SUPERVISOR RUSSELL: Usually for the public hearing, tonight we are setting up the notice for a public hearing a month from now, so we take that comment also that evening. But you should feel free to comment if you would like on this specific legislation. MR. DUNN: On the issue, like I said, I am pretty much neutral but in reading some of the wording of it as it stands now, they are not allowed on any beaches were there is a lifeguard. Well, people like to run their dogs on the beach and what's going to happen is they are going to go to the beaches were there isn't a lifeguard. And you, by default, are going to rum some beach areas into dog runs (inaudible) and proof of that is exactly the issue last summer that got this whole thing going, was the gentleman who was complaining about Bailie's beach. Mattituck beach, which is part of the park district, had prohibited dogs, so Bailie's beach by de facto, had become a dog beach. COUNCILWOMAN DOHERTY: Can I interrupt on that? What it says in the code is we cannot have a dog on the beach while a lifeguard is on duty. MR. DUNN: Correct. COUNCILWOMAN DOHERTY: So that is when the bathers are lying on the beach .... MR. DUNN: Correct. COUNCILWOMAN DOHERTY: ...they don't want dogs on but before and after they are allowed to walk their dog there. MR. DUNN: Correct. But if you are someone who wants to take you dog out at 10:00 in the morning or 2:00 in the afternoon and go on the beach with it .... COUNCILWOMAN DOHERTY: On a bathing beach, right. MR. DUNN: On a beach. You are going to have a limited choice of beaches you can go to. And unfortunately for me, one of them is going to be, because you also deal with limited parking, one of them is going to be Goldsmiths. So and I am not familiar enough yet with all the beaches around that will be affected by this, I am sure that most of the town parks have laws about dogs. The districts. And (inaudible) in Southold, they are going to force people with dogs January 2, 2013 Page 5 Southold Town Board Meeting Minutes to go to those beaches that don't fall under that, so in fact and I am talking primarily about beaches, I am sure the same kind of thing could happen with recreation areas and I will tell you, most people pick up but now I have been doing beach cleanups for 4 years and there is not one beach cleanup that we don't find several bags of you know what, I mean people do cleanup after their dogs but then when they are walking down the block and they don't want to carry it home, bingo it goes. So 1 just don't want to see any one place primarily Goldsmith's for personal reasons, I don't want to see any one place become the victim of that. and so I think that part of it needs to be looked at. I am truly neutral on the issue, I can make a very strong case for and I can make a very strong case against, so I don't like arguing with myself in the mirror. So I am going to remain neutral on the issue. But however it is done, it needs to be done right. Everybody who has got a dog and some people care more about their dogs than they do about their kids, ought to be given an opportunity to speak on the issue however they feel and that includes a very large part of our community here and those people also because part of the reason they come out here, they can't let their dogs run around their apartments so they are out here and it is pleasant. I think we ought to reflect on that, they do pay taxes 12 months a year. SUPERVISOR RUSSELL: I think that is a fair point. ! was one of the authors of the Mill Lane issue and I know that... MR. DUNN: Inaudible. SUPERVISOR RUSSELL: We went to revise the land down at Mill Lane and I had offered that we delay that. MR. DUNN: And you said let's do it later in the spring. So I really think that that's something that should be considered strongly. If only to give everybody a fair chance. SUPERVISOR RUSSELL: We can't wait until the summer because of signage in place. But you are right, maybe March or April. MR. DUNN: No. No need to. Can't please everybody all the time. But April, May. SUPERVISOR RUSSELL: Okay, that's a fair point. Thanks a lot. COUNCILWOMAN DOHERTY: We can always start it and leave it open, right? COUNCILMAN TALBOT: We had a pretty good discussion on this with the public and there wasn't that many people that even came in the summer months. UNIDENTIFIED: Inaudible. COUNCILWOMAN DOHERTY: Chris and I have talked to both sides, we have had them at meetings, we have met with people on both sides of the issue and gotten enough input to help write this. So we reached out to the community that is here year round, so I get your point ..... January 2, 2013 Page 6 Southold Town Board Meeting Minutes MR. DUNN: Inaudible. But you all know by now that I am active in what goes on in the community. The bulk of the people that would be involved in this pro or con are not involved at all until they find out that their lives have been restricted and then believe me, you will be getting the emails, the calls and they will be jumping up and down out here saying what do you mean I can't do this? Well, give them the opportunity, saying you should have been there and you weren't .... COUNCILWOMAN DOHERTY: This is less restrictive than .... MR. DUNN: What did the code say now? COUNCILWOMAN DOHERTY: The code says there are not any dogs allowed on any beaches basically and so we have kind of.... MR. DUNN: Again, I am not debating the issue either side as much as I am saying let's (inaudible) when everybody has the opportunity so that nobody can say that you didn't give me a chance? Supervisor Russell SUPERVISOR RUSSELL: Would anybody else like to comment on any of the agenda items? (No response) V. Resolutions 2013-47 CA TEGOR Y: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated January 2~ 2013. Vote Re~ord' - Resolution RES-2013-47 gt Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter gl [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] Supervisor's Appt Jill Doherty Voter gl [] [] [] [] Tax Receiver's Appt Albert Krupski Jr Voter [] [] [] [] [] Rescinded Louisa P Evans Mover [] [] [] [] [] Town Clerk's Appt Scoll Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action January 2, 2013 Page 7 Southold Town Board Meeting Minutes 2013-48 CATEGOR~ 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 15, 2013 at the Southold Town Hall, Southold, New York at 7:30 P.M.. Vote Record - Resolution RES-201348 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] Fl rn [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Jill Doher~ Voter [] [] [] [] [] Tax Receiver'sAppt Albert KmpskiJr Voter [] [] [] [] [] Rescinded Louisa P. Evans Mover [] Fl [] [] [] Town Clerk's Appt Sco6 Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2013-49 CA TE GO R Y: DEPARTMENT: Local Law Public Hearing Town Attorney PH 1/29/13 ~ 4:32 PM LL Dogs on Beaches WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 2nd day of January, 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 193~ Parks and Recreation Areas~ in connection with Dogs or Domestic Animals on Town Recreational Areas" 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 29th day of January, 2013, at 4:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 193~ Parks and Recreation Areas~ in connection with Dogs or Domestic Animals on Town Recreational Areas" reads as follows: LOCAL LAW NO. 2013 January 2, 2013 Page 8 Southold Town Board Meeting Minutes A Local Law entitled, "A Local Law in relation to Amendments to Chapter 193~ Parks and Recreation Areas, in connection with Dogs or Domestic Animals on Town Recreational Areas". BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. The purpose of these Amendments is to protect the health, safety and wellbeing of residents using Town recreational areas by enacting regulations pertaining to dogs and other domestic animals on Town-owned recreational areas, bathing beaches, children's play areas, picnic areas and athletic fields. II. Chapter 193 of the Code of the Town of Southold is hereby amended as follows: §193-3.1. Regulations concerning dogs or domestic animals. A. Prohibition. No person shall bring a dog or other domestic animal onto: 1. recreation areas, picnic areas, children's play areas and/or athletic fields that are posted with signage indicating "No Dogs or Domestic Animals Allowed" or "Dogs or Domestic Animals Prohibited"; 2. bathing beaches during such times that a lifeguard is on duty; 3. an area that is within 50 feet of any recreation area that is posted for protection of piping plovers and other endangered species. Dogs or other domestic animals are permitted on all other recreational areas unless specifically prohibited in § 193-3.1 (A), subject to the following: 1. All dogs or domestic animals shall be under immediate supervision and control of the owner or other responsible person (the owner or responsible person has the ability to leash the dog or other animal immediately). 2. All dogs or domestic animals brought onto children's play areas, picnic areas or athletic fields shall be leashed at all times. All dog or domestic animal waste shall be removed in accordance with §83- 1 The Superintendent may, in his or her discretion, promulgate additional rules and regulations as necessary. IlL SEVER_ABILITY 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. I~ Vote Record - Resolution RES-2013-49 ~.[] Adopted I Yes/Aye No/Nay Abstain Absent January 2, 2013 Page 9 Southold Town Board Meeting Minutes [] Adopted as Amended William Rulmd Voter t~ [] r-i [] [] Defeated Christopher Talbot Seconder [] [] [] [] [] Tabled Jill Doherty Mover [] [] [] [] [] Withdrawn AIber~ KmpskiJr Voter [] [] [] [] [] Supervisor's Appt Louisa P Evans Voter [] [] [] [] [] Tax Receiver's Appt Scott Russell Voter [] [] [] [] El Rescinded El Town Clerk's Appt El Supt Hgwys Appt El No Action Comments regarding resolution 49 COUNCILWOMAN DOHERTY: I propose that we hold the hearing and if we feel that we can keep it open but I feel that we should just move on it. COUNCILMAN TALBOT: To just verify something because originally it was supposed to be on the 29th of January and it is dated here on the agenda as the 15th and if it is in fact on the 29th, then we have to re-word that part. COUNCILWOMAN DOHERTY: I think we had one on the 15th and then the next hearing is on the 29th because we have .... COUNCILMAN KRUPSKI: Well, this one says on the agenda the 29th. SUPERVISOR RUSSELL: I think you need to amend the resolved component... COUNCILWOMAN DOHERTY: Put it on the 29th? SUPERVISOR RUSSELL: Yes, because this is to set a public hearing date for 1/29/13. If you read the preamble, resolved the Town Board will hold the public hearing on the 15th of January, that should say the 29th of January. COUNCILWOMAN DOHERTY: Okay, so I will say the 29th of January. SUPERVISOR RUSSELL: At 4:32. JUSTICE EVANS: Do we want to have discussion or do we want to hold it a little later or do we want to leave it open? SUPERVISOR RUSSELL: We can have discussion now. I would be inclined to go ahead with the public hearing. It doesn't bind us to action that evening. January 2, 2013 Page 10 Southold Town Board Meeting Minutes COUNCILMAN RULAND: I would second to her motion along that line. I think that Mr. Dunn's point is well taken and I think that certainly if we go ahead and hold that hearing we will get certainly some public comment. If we chose to leave the hearing open for written comment or we might even based on that say we will hold a second round of public hearings before we enact it but the culmination, I agree with you Scott, should be in the early spring so that we are ready to go for the next bathing season. COUNCILMAN KRUPSKI: And keeping all of those comments and we will just .... COUNCILMAN RULAND: Yes, of course. 2013-50 CA TE G O R Y: DEPARTMENT: Legislation Town Attorney LL/Amends. to Chapter 193~Dogs on Beaches 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 193~ Parks and Recreation Areas~ in connection with Dogs or Domestic Animals on Town Recreational Areas" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. Vote Record - Resolution RES-2013-50 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulmd Mover [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] FI [3 Supervisor's Appt Jill Doherty Voter [] [] [] [] [3 Tax Receiver's Appt Albert Krupski Jr Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] 121 [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2013-51 CATEGOR~ DEPARTMEND LocalLaw PublicHearing TownA~omey Ph 1/29/13 @ 4.'34 Pm Ll/Lio & Li WHEREAS, there has been presented to the Town Board of the Town of Southold, Suftblk County, New York, on the 2nd day of January, 2013, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Use Regulations within January 2, 2013 Page 11 Southold Town Board Meeting Minutes the Light Industrial Park/Planned Office Park (LIO) District and Light Industrial (LI) District and Retail Sales" 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 29th day of January, 2013, at 4:34 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 280~ Zoning~ in connection with Use Regulations within the Light Industrial Park/Planned Office Park {LIO) District and Light Industrial (LI) District and Retail Sales" reads as follows: LOCAL LAW NO. 2013 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280~ Zoning~ in connection with Use Regulations within the Light Industrial Park/Planned Office Park (LIO) District and Light Industrial (LI} District and Retail Sales". BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose. It is the intent and purpose of this law to allow retail sales areas within bonaflde Light Industrial Park uses and Light Industrial uses to further the viability and stability of such uses in the Town of Southold if certain requirements are met. It is also the intent of this law to preserve property values and the health, safety and welfare of the community. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: ARTICLE XIV Light Industrial Park/Planned Office Park (LIO) District §280-58. Use regulations. B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, subject to site plan approval by the Planning Board: (9) Retail sale of items manufactured, assembled, processed and produced on site, subiect to the following conditions: (a) The premises is located within a designated Hamlet Locus (HALO) zone; {b) Retail floor area shall be no more than 15% of the gross floor area of the building, including all areas having public access, not to exceed 2,000 square feet. (c) Adequate on-site parking must be available for the retail sales area as determined by the Planning Board and as set forth in §280-78; January 2, 2013 Page 12 Southold Town Board Meeting Minutes (e) Resale of items produced off site is prohibited~ Should a site contain multiple LIO uses, such uses may utilize a single retail sales area. In such instances, the single retail floor area shall be no more than 15% of the total combined gross floor area of all such uses, including all areas having public access (not to exceed 2,000 square feet). Outdoor storage and display of retail items is prohibited. ARTICLE XV Light Industrial (LI) District {}280-62. Use regulations. B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board: (9) Retail sale of items manufactured, assembled, processed and produced on site, subiect to the following conditions: (a)The premises is located within a designated Hamlet Locus (HALO) zone; (b) Retail floor area shall be no more than 15% of the gross floor area of the building, including all areas having public access, not to exceed 2,000 square feet; (c) Adequate on-site parking must be available for the retail sales area as determined by the Planning Board and as set forth in §280-78; (d)Resale of items produced off site is prohibited; (e) Should a site contain multiple LI uses, such uses ma,/utilize a single retail sales area. In such instances, the single retail floor area shall be no more than 15% of the total combined gross floor area of all such uses, including all areas having public access (not to exceed 2,000 square feet). (f) Outdoor storage and display of retail items 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 ~y law. Vote Record - Resolution RES-2013-Sl gl Adopted Yes/Aye No/Nay Abstain Absent [] Adopted as Amended William Ruland Seconder gl [] [] [] [] Defeated [] Tabled Christopher Talbot Voter gl [] [] [] [] Withdrawn Jill Doherly Voter gl [] [] [] [] Supervisor's Appt Albert Krupski Jr~ Mover gt [] [] [] [] Tax Receiver's Appt Louisa P Evans Voter gl [] [] [] January 2, 2013 Page 13 Southold Town Board Meeting Minutes [] Rescinded Scott Russell Voter [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2013-52 CA TEGO R Y: DEPARTMENT: Legislation Town Attorney LL/Use Regulations LIO & LI 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 280, Zoning, in connection with Use Regulations within the Light Industrial Park/Planned Office Park (LIO) Districts and Light Industrial (LI) District and Retail Sales" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. Vote Record - Resolution RES-2013-$2 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulmd Voter [] FI [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Jill Doher~ 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 2013-53 CA TEGOR Y: Legal DEPARTMENT: Public Works Property Clean Up - 780 King Street, New Suffolk Financial Impact: Costs associated with the clean up of property located at 780 King Street, New Suffolk, NY (SCTM#1000- 117-8-11) pursuant to Chapter 100 of the SouthoM Town Code WHEREAS, the Zoning Inspector of the Town of Southold inspected the property owned by John F. Karg and Michael J. Karg, Jr. and located at 780 King Street, New Suffolk, January 2, 2013 Page 14 Southold Town Board Meeting Minutes SCTM#1000-117-8-11, and prepared a written report of his findings in the form of a Notice dated September 5, 2012; and WHEREAS, said Notice was sent by certified mail to the property owner; and WHEREAS, said Notice included the information that overgrown vegetation, garbage and debris that existed in the violation of Section 100-4 (A) of the Town Code, must be removed from the premises by a date certain and if owner failed to comply, cleanup would be made by the Town's Department of Public Works and costs associated would be charged to the property owner; and WHEREAS, no rehabilitation of the condition of the premises was made, nor was any response received from the owner regarding rehabilitation of the premises; and WHEREAS, the Department of Public Works prepared a statement of costs and expenses incurred by the Town of Southold to abate the violations of Section 100-4(A) and was posted and noticed in accordance with Section 100-10; now, therefore, be it RESOLVED that, pursuant to the provisions of Section 100-10 of the Southold Town Code, the Town Board of the Town of Southold hereby finds that the costs and expenses incurred by the Department of Public Works and the Solid Waste Management District in effectuating the cleanup of the property located a 780 King Street~ New Suffolk~ totals $841.00~ and~ therefore~ said costs and expenses shall be levied against the real property of John F. Karg and Michael J. Karg~ Jr. SCTM#1000-117-8-11~ and shall be collected at the same time and in the same manner as the Town taxes. Vote Record - Resolution RES-2013-53 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] Fl [] [] [] Withdrawn Christopher Talbot Mover [] [] [] [] [] Supervisor's Appt Jill Dohecty Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [3 [] [] Supt Hgwys Appt FI No Action 2013-54 CA TEGOR Y: Refund DEPARTMENT: Town Clerk Refund of a Duplicate Disposal Sticker January 2, 2013 Page 15 Southold Town Board Meeting Minutes RESOLVED the Town Board of the Town of Southold hereby authorizes a refund of $15.00 to Henry A. Myslborski, 770 Bayshore Road, Greenport, NY 11944, for the purchase of disposal permit//08641, as he purchased two disposal permits for the same car//01653 and//08641. Permit #08641 has been returned, unused. Vote Record - Resolution RES-2013-54 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] FI Withdrawn Christopher Talbot Voter [] VI [] [] [] Supervisor's Appt Jill Doherly Mover [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P Evans Voter [] [] [] [] [] Town Clerk's Appt Scoa Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2013-55 CA TEGOR Y: D EPA R TMEN T: Committee Appointment Town Clerk Appoint A. Surchin to the Hist. Pres, Comm. RESOLVED the Town Board of the Town of Southold hereby appoints Anne Surchin to the Historic Preservation Commission effective immediately through March 31, 2016 to fill the unexpired term of Mel Phaff. ~' Vot~ Record - Resolution RES-2013-55 1~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Mover [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doheny -- 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 Comments regarding resolution 55 January 2, 2013 Page 16 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: I just wanted to say that it is a shame to lose Mel offthat committee. He worked so hard to make that a real bona fide preservation committee. 2013-56 CA TE GOR Y: DEPARTMENT: Employment - Town Accounting Appoint Edward Michaelis, Jr. PT Custodial Worker I RESOLVED that the Town Board of the Town of Southold hereby appoints Edward Michaelis~ Jr. to the position of part-time Custodial Worker I for the Department of Public Works, effective January 10, 2013, at a rate of $13.62 per hour. Vote Record - Resolution RES22013<~6 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] ~l [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doher~ Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Mover [] [] [] [] [] Rescinded Louisa P Evans Seconder [] FI [] [] [] Town Clerk's Appt Scott Russell Mover [] [] FI [] [] Supt Hgwys Appt [] No Action 2013-57 CATEGOR~ DEPARTMEND Budget Modification Town Clerk 2012 Budget Modification - Highway Financial Impact: To cover the purchase of vehicle with plow off contract RESOLVED that the Town Board of the Town of Southold hereby modifies the 2012 Highway Fund Part Town budget as follows: To: DB. 5142.2.400.200 Snow Removal Equipment Industrial Equipment Snow Equipment 3,000.00 TOTAL: $ 3,000.00 From: DB.5110.4.100.960 General Repairs January 2, 2013 Page 17 Southold Town Board Meeting Minutes Contractual Expense Supplies & Materials Drain Pipe/Rings/Covers 3,000.00 TOTAL: $ 3,000.00 Vote Record - Resolution RES-2013-57 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulmd Voter [] [] [3 [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Jill Doherty Voter [] [] [] [] [] Tax Receiver's Appt Alber~ Krupski Jr~ Voter [] [] [] FI [] Rescinded Louisa P. Evans Mover [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2013-58 CA TE GOR Y: D EPA R TMENT: Authorize Payment Town Clerk LITES as Consultant for High Band Communication System RESOLVED the Town Board of the Town of Southold hereby engages the services of Long Island Telecommunication and Electronic Service Inc. (LITES) to provide consultation with respect to the installation of the high band communication system. Payment for services rendered not to exceed $10,000.00. Vote Record - Resolution RES-2013-58 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulmd Voter [] [] [] [] [] Withdrawn Christopher Talbot Mover [] [] [] [] [] Supervisor's Appt Jill Doherg, Voter l~ [] [] [] [] Tax Receiver's Appt Albert Krupski Jr Voter I~ [] [] [] [] Rescinded Louisa P Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2013-59 January 2, 2013 Page 18 Southold Town Board Meeting Minutes CA TEGOR Y: DEPA R TMENT: Support/Non-Support Resolution Town Clerk SC Land Bank Support Resolution WHEREAS, the Suffolk County has determined that there are in excess of 50 tax delinquent, abandoned, environmentally-contaminated properties known as brownfields within Suffolk County, and WHEREAS, due to liabilities associated with these properties and prohibitions contained in the Suffolk County Tax Act preventing the County from selling the delinquent tax liens on these parcels for less than the lien amount, the properties are not being retumed to the tax rolls for proper redevelopment and mitigation of the public health and safety issues associated with these properties, and WHEREAS, Suffolk County and its member municipalities have recognized the need to address the growing county-wide issue of these abandoned, tax delinquent brownfield properties, and WHEREAS, in July 2011 in recognition of this growing problem, New York State passed the Land Bank Act, as Article 16 of the New Your State Not-for Profit Corporation Law, which authorizes any Foreclosing Government Unit to create a land bank to return tax delinquent, vacant, abandoned, and foreclosed properties to productive use, and WHEREAS, county-wide land banks have proven highly successful in Michigan, Ohio, and other regions experiencing growing numbers of problem properties by successfully returning properties to productive use, and WHEREAS, the County Executive and the Department of Economic Development and Planning, are seeking ways to work collaboratively with Suffolk County municipalities to address this issue, and WHEREAS, the newly adopted state law establishes a competitive process to allow municipalities to create land banks but will only permit the formation of 10 land banks throughout New York State, with no more that five land banks being approved with the second round of applications due to Empire State Development on January 31,2013, and WHEREAS, the Town of Southold is interested in exploring an intermunicipal cooperation agreement with Suffolk County, and RESOLVED, the Town of Southold recognizes the dire need to address the growing vacant property crisis in Suffolk County, and be it further RESOLVED, that this Town Board supports the creation of a Land Bank as an essential strategy in dealing with tax delinquent, abandoned environmentally-contaminated properties known as brownfields, and be it further January 2, 2013 Page 19 Southold Town Board Meeting Minutes RESOLVED, the Town Board supports the creation of a Land Bank by Suffolk County as Suffolk County is the Foreclosing Governmental Unit for all of the municipalities within Suffolk County, and be it further RESOLVED, the Town Board goes on record as fully supportive of Suffolk County's application to Empire State Development to create a Land Bank, and be it further RESOLVED, the Town Board strongly urges Empire State Development to approve Suffolk County's application as Long Island desperately needs creative, new strategies to address the crippling problem of vacant and abandoned properties, and be it further RESOLVED, the Town of Southold will play an active role in the identification of properties, the timing of transfer, as well as planning and implementation strategies to address the problem of tax delinquent, abandoned environmentally-contaminated properties known as hrownfields through the Suffolk County Land Bank, and be it further RESOLVED, that certified copies of this resolution shall be forwarded to the Suffolk County Executive, the Commissioner of the Department of Economic Development and Planning, and the Suffolk County Legislature. Vote Record - Resolution RES-2013-59 gn Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent r'l Tabled William Ruled Voter [] [] {-I [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Ooher~ Mover [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [~ [] [] [] [] Rescinded Louisa P Evans Seconder li~ [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [3 [] [] [] Supt Hgwys Appt [] No Action Comment regarding resolution 59 COUNCILMAN TALBOT: One comment. We don't have any of these properties in Southold Town. 2013-60 CATEGOR~ DEPARTMEN~ PublicSe~ice TownA~omey Waive Building Permit Fees RESOLVED that the Town Board of the Town of Southold hereby waives Trustees' permits fees for any repairs or construction, that in the sole discretion of the Board of Trustees, are determined to be related to Superstorm Sandy, until February 1, 2013. January 2, 2013 Page 20 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2013-60 [] Adopted [3 Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Mover [] Fi [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisors Appt Jill Doherty Voter [] El [] [] [] Tax Receivers App! Alber~ Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2013-61 CATEGOR~ DEPARTMEN~ Public Service Town Attorney Waive Building Permit Fees RESOLVED that the Town Board of the Town of Southold hereby waives building permits fees for any repairs or construction, that in the sole discretion of the Building Inspector, are determined to be related to Superstorm Sandy, until February 1, 2013. Vote Record - Resolution RES-2013-61 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulmd 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 fi] [] [] [] [] Supl Hgwys Appt [] No Action 2013-62 CATEGOR~ DEPARTMEN~ Public Service Town Attorney Waive Tip Fees RESOLVED that the Town Board of the Town of Southold hereby waives tipping fees for January 2, 2013 Page 21 Southold Town Board Meeting Minutes disposal of storm related yard, household and construction/demolition debris only, until February 1, 2013. ,r' Vote Record - Resolution RES-2013-62 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] FI Supervisor's Appt Jill Doher~ Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter Iii [] [] [] [] Rescinded Louisa P. Evans Mover [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2013-63 CA TEGOR Y: Budget DEPARTMENT: Town Clerk Permit Fees RESOLVED that the Town Board of the Town of Southold hereby sets the following fees for the Town Clerk's office permits, effective January 1, 2013: Residential Beach Permit Guest/Lessee Beach Permits Hotel/Motel/B & B Beach Permits $10.00 $ 40.00 $ 40.00 Trailer Permits $500.00 annually ,/Vote Record - Resolution RES-2013-63 ~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter ~ [] [] [] [] Withdrawn Christopher Talbot Mover [] [] [] [] [] Supervisor's Appt Jill Doheny Voter [] [] [] [] [] T~,x Receiver'sAppt Albert KrupskiJr Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] "[] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action January 2, 2013 Page 22 Southold Town Board Meeting Minutes 2013-64 CATEGOR~ DEP~RTMEN~ Authorize to Bid Town Clerk Reject All Gasoline Bids RESOLVED that the Town Board of the Town of Southold hereby rejects any and all bids received for supplying Gasoline to the Town of Southold for the 2013 calendar year. Vote Record - Resolution RES-2013-64 [] Adopted [] Adopted asAmended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] Fl Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Jill Doheny Mover [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr, Voter [] [] [] [] [] Rescinded Louisa P, Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter RI [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 64 COUNCILMAN RULAND: Can I comment to that? SUPERVISOR RUSSELL: Yes. COUNCILMAN RULAND: As you may well know, as far as the fuel in fleet management, we continue to evaluate not only the needs of the town but the usage of the town in all of its energy uses and especially in its fuel and motor fuel and this is the first time in many, many, many years that the Town of Southold has opted to use the New York State purchasing contract to purchase gasoline for all of the use for the Town of Southold. That is the police department, highway, public works, human resource. While the infrastructure is all in place, it took a little bit of doing to get everything put in place so that we were ready to go starting today. But everything is in place and we certainly should be publicly thanking John Cushman and his office for expediting a small mountain of paperwork to get everything in place that needed to be in place and Jeff Standish in DPW for getting the markings and everything that has to do with our storage facility up to the specifications of the purveyor of the state contract. But it appears and we will be able to periodically, I hope by the end of six months, be able to give you a comparison in the costs but our estimate in our savings for the town will be somewhere in the area of 28 cents per gallon. We use a lot of gasoline and there should be a significant savings for your budget, Mr. Supervisor. But we are going to continue to monitor that. We also recognize that anytime there is change that sometimes there are wrinkles but we have people and infrastructure in place that January 2,2013 Page 23 Southold Town Board Meeting Minntes are more than capable of dealing with anything that we have and the problems that come up and I am more than reasonably sure that the switch will be seamless. Closing Comnments Supervisor Scott A. Russell SUPERVISOR RUSSELL: Now we will offer the opportunity for anyone who would like to address the Town Board to please feel free? Robert Dunn, Peconic ROBERT DUNN: Robert Dunn, Peconic. I just wanted to ask if we have gotten any closer to the armament? SUPERVISOR RUSSELL: It was a topic of discussion today. The town engineers have assured Councilman Talbot that they are reaching out to the highway superintendent. As you know, we were waiting on him because we are relying on him to do a lot of the work in house and they assured us they were reaching out to him today to set up a schedule of work to be done, the tasks to be done so that we can get going on that very soon. We certainly would like to have that done before we find ourselves in a new season and then unable to do it because of the beach crowds. MR. DUNN: We lost another five feet in the nor'easter after Sandy and the second house from the beach, the cisterns are now exposed which haven't been, where I brought that monument from last year, well about 10 feet west of that monument is a cistern that is now uncovered. I mean, it is a very primitive cistem, not as big as the one that was on the west beach but it is just, the erosion there is phenomenal day by day. and I sorry I missed that meeting this moming but the weather kind of bit me in the back last night, I had some frozen pipes. The second thing I wanted to ask about because I know you had that meeting this morning, what's the deal with the dredging? SUPERVISOR RUSSELL: The dredging is allocated for this particular season. There is a money allocation in the budget that was adopted. What we talked about today was the prospect of going out and removing some of the sand that has been built up over that side of the jetty that is no longer functional, the sand that has been piling up there. The engineers have proposed to us the prospect of maybe pulling it back with earth moving equipment rather than the full scale dredging, sort of what we did right before Sandy took place. I think what we decided as a Board today was, the flow seems to be maintaining itself quite well despite Sandy, despite the nor'easter recently. The flow is maintaining itself and to be perfectly candid, worried that tinkering with a system that is working right now, that is stabilized, would make it worse. So we took a wait and see approach on that. MR. DUNN: Agreed. I was, when I saw, 1 was really sorry to miss this morning because not to (inaudible) but I like listening to Michael. He seems really sharp. But there I was, my wife got up, the washing machine is not working. COUNCILMAN TALBOT: You didn't miss much. Michael didn't say much. Jamie was doing the talking. January 2, 2013 Page 24 Southold Town Board Meeting Minutes MR. DUNN: I am sorry? COUNCILMAN TALBOT: Michael didn't do a lot of talking. MR. DUNN: I listen to Jamie too but when Michael speaks I really kind of like to listen. COUNCILMAN KRUPSKI: But the more we talked about it, the more we realized that anything can happen over the winter. We could spend the money now, it is really not bad now, it is working very well now. MR. DUNN: It is very good now. I am going to be honest with you, I went out specifically after reading that you were going to be discussing it. I went out last night and I looked, I went out by low tide, I went by high tide. I mean, if there is a problem there, the problem is beyond the scope of our dredging. All you are doing is digging a hole in front of a dam. COUNCILMAN KRUPSKI: Right. MR. DUNN: I mean this morning there was 14-15 inches of water at the lowest tide, yet the sand bar, be it just beyond our scope, was probably up 10-12 inches above the water. So there is no water, there is just a trickle coming out and it get 14 inches. But there is just nothing, that bar or shoal as it is called is way up out of the water, so to dredge .... SUPERVISOR RUSSELL: We felt like we made a good call prior to Sandy... MR. DUNN: Absolutely. SUPERVISOR RUSSELL: That was, I assure you, unintentional. We get it right once in a while, even by happenstance. MR. DUNN: Inaudible. I agree. SUPERVISOR RUSSELL: And because it is stable now, because it is working well, we didn't want to tinker with it. we still have those options even when the window to dredge closes out, to come back later if it needs to be dredged because of a late season storm event, we can always apply for an emergency permit. MR. DUNN: To be honest, in a perfect situation it would be probably be a little straighter. It is a little dog legged but nothing is perfect. I am not perfect, you are not perfect. SUPERVISOR RUSSELL: I went out after the nor'easter and it looked like it was still flowing well and the reason we are dredging is to merely maintain flow there. MR. DUNN: Absolutely. That is the point of the whole thing and to just go and pull 13,000 yards out is just going to make other sections collapse. January 2, 2013 Page 25 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: That is what we worried about ourselves. Thank you. MR. DUNN: Thank you. Supervisor Russell SUPERVISOR RUSSELL: Who else would 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 5:00 P.M. ~A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell