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HomeMy WebLinkAboutAG-01/19/2010 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER www.southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER FINAL AGENDA SOUTHOLD TOWN BOARD January 19, 2010 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. CALL TO ORDER 7:30 PM Meeting called to order on January 19, 2010 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrival ??? Councilman William Ruland ??? Councilman Vincent Orlando ??? Councilman Christopher Talbot ??? Councilman Albert Krupski Jr. ??? Justice Louisa P. Evans ??? Supervisor Scott Russell ??? Town Clerk Elizabeth A Neville ??? Town Attorney Martin D Finnegan I. REPORTS 1. Program for the Disabled December 2009 2. Special Projects Coordinator December 2009 3. Board of Trustees December 2009 4. Human Resource Center Southold Town Meeting Agenda - January 19, 2010 Page 2 November and December 2009 5. Building Department December/Year end report 6. Recreation Department November and December 2009 7. Justice William H. Price Jr. December 2009 8. Justice Rudolph H. Bruer December 2009 9. Youth Bureau 2009 10. Justice Louisa P. Evans December 2009 11. Zoning Board of Appeals December 2009 II. PUBLIC NOTICES 1. NYS DEC Notice of Complete Application Fishers Island Utility Company, 1866 Central Ave., Fishers Island - power generating station Peconic Recycling & Transfer Corp., 560 Commerce Dr., Cutchogue - construct and operate a Solid Waste Management facility 2. Application for a Liquor License PJD Enterprises Inc., 2530 Manhasset Ave., Greenport 3. Army Corp of Engineers - Permit Application John and Emily Breese, Jockey Creek, relocate 8’ x 24’ existing float and 30’ x 28’ existing ramp. 4. N Y Metropolitan Transportation Council Invitation to apply for Job Access Reverse Commute and New Freedom funding. 5. Liquor License Renewals Southold Town Meeting Agenda - January 19, 2010 Page 3 MGM Enterprises Inc d/b/a Orient by the Sea, 40200 Main Rd., Orient Hay Harbor Club, Inc., 1 Fox Ave., Fishers Island Hellenic Cabins & Snack Bar Inc., d/b/a Hellenic Snack Bar & Restaurant, 5145 Main Rd., East Marion 6. Alteration Application of Liquor License MGH Enterprises Inc. d/b/a Orient by the Sea, 40200 Main Rd. Minor Alteration to add portable outside bar. III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 A.M. - Jill Doherty & Board of Trustees Compliance Inspections Amendments to Chapter 275 Outstanding Violation 2. 9:35 A.M. - John Sepenoski Bay to Sound Project 3. 9:55 A.M. - Jim McMahon DPW 2010 projects Park & Playground funds 4. 10:30 A.M. - Geri Sheridan U. S. Census 5. 10:45 A.M. - Phillip Beltz, Heather Lanza, Mark Terry Comprehensive Plan 6. 11:00 A.M. - Mark Terry Status of Code Definitions Committee Project 7. 11:15 A.M. - Mark Terry LWRP dredge window amendments 8. Appointment of CAC Chairperson 9. Local Law Accessory Apartments (Public Hearing 1/19) Southold Town Meeting Agenda - January 19, 2010 Page 4 10. Appointment of Sergeant to Fill Vacant Position at P.D. 11. 11:30 A.M. - Executive Session - Richard Zuckerman, Mike Krauthamer Labor - update on PBA negotiations 12. 12:30 A.M. - Executive Session - Melissa Spiro, Randy Parsons Proposed acquisition of real property the publicity of which would substantially affect the value thereof 13. Executive Session Litigation - Update on East End Towns vs. DEC V. RESOLUTIONS 2010-83 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby January 19, 2010. ? Vote Record - Resolution RES-2010-83 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-84 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, February 2, 2010 at the Southold Town Hall, Southold, New York at 4:30 P. M.. Southold Town Meeting Agenda - January 19, 2010 Page 5 ? Vote Record - Resolution RES-2010-84 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-85 CATEGORY: Retirement/Resignation DEPARTMENT: Accounting Acknowledges the Retirement of Antone Surozenski RESOLVEDacknowledges the that the Town Board of the Town of Southold hereby retirement of Antone Surozenski from the position of Sergeant in the Police Department , effective January 31, 2010. ? Vote Record - Resolution RES-2010-85 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-86 CATEGORY: Budget Modification DEPARTMENT: Accounting Create Capital Budget for Police Impound Fiscal Impact: Establish project included in the approved 2010 Capital Budget in the Capital Fund for Police Impound. WHEREAS the Town Board of the Town of Southold adopted a 2010 Capital Budget which includes a $5,000 appropriation for the Town’s Police Impound, and WHEREAS the Town’s Capital Budgeting process requires a resolution to formally establish a Capital Budget item in the Capital Fund, now therefore be it RESOLVED authorizes the that the Town Board of the Town of Southold hereby establishment of the following Capital Project in the 2010 Capital Fund : Southold Town Meeting Agenda - January 19, 2010 Page 6 Capital Project Name: Police Impound Financing Method: Transfer from General Fund Whole Town Budget: Revenues: H.5031.65 Interfund Transfers $5,000 Appropriations: H.1620.2.300.350 Buildings & Grounds Capital Outlay Police Impound $5,000 ? Vote Record - Resolution RES-2010-86 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-87 CATEGORY: Retirement/Resignation DEPARTMENT: Accounting Accepts Resignation Damon Rallis-Historical Preservation Commission RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby Damon Rallis from the position of Historical Preservation Coordinator for the Historical Preservation Commission, effective January 5, 2010. ? Vote Record - Resolution RES-2010-87 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-88 CATEGORY: Employment - Town DEPARTMENT: Accounting Southold Town Meeting Agenda - January 19, 2010 Page 7 Accept Retirement of Stephen D. Ryan RESOLVEDacknowledges the that the Town Board of the Town of Southold hereby retirement of Stephen D. Ryan from the position of Police Officer in the Southold Town Police Department as of the close of business December 31, 2009. ? Vote Record - Resolution RES-2010-88 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-89 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Engagement Letter with George R. Rehn, CPA, Dated December 26, 2009, Regarding Performing an Audit of the Peconic Bay Community Preservation Fund for the Year Ended December 31, 2009 RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the engagement letter with George R. Rehn, CPA, dated December 26, 2009, regarding performing an audit of the Peconic Bay Community Preservation Fund for the year ended December 31, 2009 , at a cost not to exceed $7,000.00, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-89 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-90 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement Between Chesterfield Southold Town Meeting Agenda - January 19, 2010 Page 8 Associates, Inc. and the Town of Southold in Connection with Maintenance Dredging Work at Goldsmith Inlet RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Agreement between Chesterfield Associates, Inc. and the Town of Southold in connection with maintenance dredging work at Goldsmith Inlet , at a cost not to exceed $40,000, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-90 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-91 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Preventative Maintenance Agreement Between Weston & Sampson CMR, Inc. and the Town of Southold for the Maintenance of the Fishers Island Pump Station RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Preventative Maintenance Agreement between Weston & Sampson CMR, Inc. and the Town of Southold for the maintenance of the Fishers Island Pump Station for a total of two visits at a total contract price of $2,174.00, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-91 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-92 CATEGORY: Grants DEPARTMENT: Land Preservation Southold Town Meeting Agenda - January 19, 2010 Page 9 USDA NRCS Grant Proposal Submission 2010 FRPP RESOLVEDauthorizes submission of a that the Town Board of the Town of Southold hereby 2010 proposal to the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS), administering on behalf of the Commodity Credit Corporation, whereby the Town of Southold proposes a cooperative effort to acquire the development rights to agricultural properties which have been submitted by their owners to the Land Preservation Committee of the Town of Southold for sale of such rights to the Town of Southold, in accordance with the terms of the Fiscal Year 2010 Farm and Ranch Lands Protection Program (FRPP). ? Vote Record - Resolution RES-2010-92 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-93 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute All Necessary Documents in Connection with the Quitclaim Deed Regarding the Transfer of the Southerly Portion of Ryder Farm Lane and All of Park View Lane, as Shown and Designated on a Certain Map Entitled “Map of Orient by the Sea”, Section 2, from the County of Suffolk to the Town of Southold (Suffolk County Tax Map No. District 1000, Section 015.00, Block 05.00, Lot 025.003 WHERAS , the road improvements to the southerly portion of Ryder Farm Lane and all of Park View Lane shown and designated on a certain map entitled “Map of Orient by the Sea”, Section 2, from the County of Suffolk to the Town of Southold (Suffolk County Tax Map No. District 1000, Section 015.00, Block 05.00, Lot 025.003), have been completed by the Town; now therefore be it RESOLVEDauthorizes that the Town Board of the Town of Southold hereby and directs Supervisor Scott A. Russell to execute all necessary documents in connection with the Quitclaim Deed regarding the transfer of the southerly portion of Ryder Farm Lane and all of Park View Lane, as shown and designated on a certain map entitled “Map of Orient by the Sea”, Section 2, from the County of Suffolk to the Town of Southold (Suffolk County Tax Map No. District 1000, Section 015.00, Block 05.00, Lot 025.003) , subject to the approval of the Town Attorney; and be it further Southold Town Meeting Agenda - January 19, 2010 Page 10 RESOLVED that the Town Board of the Town of Southold hereby authorizes the payment of second half real property taxes for the 2008-09 tax year in the sum of $142.39, payable to the Suffolk County Treasurer, said payment shall be a legal charge to the Orient by the Sea Road Improvement project within the Capital Fund (H.5110.2.400.100); and be it further RESOLVED that the recording fees, estimated to be $345.00, shall be a legal charge to the Orient by the Sea Road Improvement project within the Capital Fund (H.5110.2.400.100); and be it further RESOLVED that once said payments are recorded in the financial records of the Town of Southold, the Orient by the Sea Road Improvement project within the Capital Fund (H.5110.2.400.100) is closed with any leftover appropriations to be used strictly to retire the Town debt issued for this project in accordance with New York State law. ? Vote Record - Resolution RES-2010-93 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-94 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bid of Miles Petroleum to Supply the Town with Certain Lubricants and Fluids. RESOLVED accepts the bid of Miles that the Town Board of the Town of Southold hereby Petroleum Co., Inc. to supply the town with the following items : Item Unit Price Total Price (est. qty.) Hydraulic oil, ISO Grade 32 $290.00 $4350.00 Anti-Freeze (Ethylene Glycol Base) 207.00 1242.00 Transmission Fluid 318.00 6360.00 as submitted for the 2010 bid and all in accordance with the Town Attorney. Southold Town Meeting Agenda - January 19, 2010 Page 11 ? Vote Record - Resolution RES-2010-94 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-95 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bids of GradeA Petroleum Corp for Certain Lubricants and Fluids RESOLVED accepts the bid of Grade A that the Town Board of the Town of Southold hereby Petroleum Corporation to supply the town with the following items : Item Unit Price Total Price (est. qty.) ISW-40 Lubricating Oil $347.88 $10436.40 Gear Lubricant, Semi-Synthetic, SAE 80S-90 37.79 377.90 Heavy Duty Chassis Grease 170.80 3416.00 Extreme Pressure Grease 1.68 84.00 as submitted in the bid and all in accordance with the Town Attorney. ? Vote Record - Resolution RES-2010-95 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-96 CATEGORY: Attend Seminar DEPARTMENT: Planning Board Grant Permission to Planning Director Heather Lanza and Principle Planner Mark Terry to Attend a Coastal Resilience Planning Workshop RESOLVED grants permission to that the Town Board of the Town of Southold hereby Planning Director Heather Lanza and Principle Planner Mark Terry to attend a Coastal Southold Town Meeting Agenda - January 19, 2010 Page 12 Resilience Planning Workshop at Mashomack Preserve, Shelter Island on January 28, 2010 and grants permission for use of a town vehicle. No charges are associated with their attendance at this seminar. ? Vote Record - Resolution RES-2010-96 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-97 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint Linda Randolph to the Position of Secretary to the Southold Town Tree Committee RESOLVEDappoints Linda Randolph that the Town Board of the Town of Southold hereby to the position of Secretary to the Southold Town Tree Committee , effective from January 1, 2010 through December 31, 2010 not to exceed five (5) hours per week in addition to her regular 35 hour work week, regardless of the number of committees she serves. ? Vote Record - Resolution RES-2010-97 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-98 CATEGORY: Budget Modification DEPARTMENT: Highway Department 2009 Budget Mod - Highway Fiscal Impact: The reason for these budget modifications is due to the fact that the line items would otherwise be under- funded. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2009 Highway Fund Part Town budget as follows: Southold Town Meeting Agenda - January 19, 2010 Page 13 To: DB.5110.4.100.905 General Repairs Contractual Expense Supplies & Materials Asphalt Patch $ 1,125.00 DB.5140.4.100.125 Brush & Weeds/Miscellaneous Contractual Expense Supplies & Materials Miscellaneous Supplies $ 4,362.00 DB.5140.4.100.550 Brush & Weeds/Miscellaneous Contractual Expense Supplies & Materials Equipment Parts/Supplies $ 131.00 DB.5140.4.100.600 Brush & Weeds/Miscellaneous Contractual Expense Supplies & Materials Uniforms $ 777.00 DB.5140.4.400.600 Brush & Weeds/Miscellaneous Contracted Services Office Equipment Maintenance/Repair $ 299.00 DB.5142.1.100.200 Snow Removal Personal Services Full Time Employees Overtime Earnings $45,000.00 DB.5142.4.100.550 Snow Removal Contractual Expenses Supplies & Materials Snow Posts $ 278.00 DB.5142.4.100.935 Snow Removal Contractual Expenses Supplies & Materials Rock Salt $15,588.00 TOTAL: $67,560.00 From: DB.5110.4.100.930 General Repairs Contractual Expense Supplies & Materials Stone Blend $ 1,679.00 DB.5140.4.100.900 Brush & Weeds/Miscellaneous Contractual Expense Supplies & Materials Landscaping Materials $ 1,991.00 Southold Town Meeting Agenda - January 19, 2010 Page 14 DB.5140.4.100.700 Brush & Weeds/Miscellaneous Contractual Expense Supplies & Materials Safety Gear $ 1,023.00 DB.5140.4.100.100 Brush & Weeds/Miscellaneous Contractual Expense Supplies & Materials Office Supplies $ 900.00 DB.5140.4.100.400 Brush & Weeds/Miscellaneous Contractual Expense Supplies & Materials Implements (small tools) $ 1,076.00 DB.5110.4.100.900 General Repairs Contractual Expense Supplies & Materials Resurfacing Projects $21,968.00 DB.5142.1.100.100 Snow Removal Personal Services Full Time Employees Regular Earnings $17,606.00 DB.5142.2.400.200 Snow Removal Equipment Industrial Equipment Snow Equipment $10,600.00 DB.5142.4.100.975 Snow Removal Contractual Expense Supplies & Materials Plow Blades, Shoes, Wheels $10,717.00 TOTAL: $67,560.00 ? Vote Record - Resolution RES-2010-98 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-99 CATEGORY: Budget Modification DEPARTMENT: Justice Court 2009 Budget Mod - Justice Court Southold Town Meeting Agenda - January 19, 2010 Page 15 Fiscal Impact: Please consider the following budget modification to the 2009 General Fund Whole Town budget to cover over-expended appropriation lines. RESOLVEDthe General Fund that the Town Board of the Town of Southold hereby modifies Whole Town 2009 budget as follows: To: A.1110.1.100.300 Justices, P.S., Vacation Earnings $4,682.00 A.1110.1.100.400 Justices, P.S., Sick Earnings 13,489.00 A.1110.4.400.500 Justices, C.E., Parking Ticket Servicing 10,315.00 A.1110.4.500.200 Fee For Service, Non-Employ Court Reporters 9,150.00 Total $37,636.00 From: A.1110.1.100.100 Justices, P.S., F-T Regular Earnings $ 495.00 A.1110.1.100.200 Justices, P.S., Overtime Earnings 750.00 A.1110.1.200.100 Justices, P.S., P-T Regular Earnings 4,375.00 A.1110.4.100.100 Justices, C.E., Office Supplies/Stationary 276.00 A.1110.4.100.150 Justices, C.E., Preprinted Forms 200.00 A.1110.4.200.100 Utilities Telephone-DMV & Crimenet 400.00 A.1110.4.600.200 Miscellaneous Meetings & Seminars 2,175.00 A.1110.4.600.300 Miscellaneous Travel-FI Justice 2,500.00 A.1110.4.600.700 Miscellaneous Jury Meals 500.00 A.1990.4.100.100 Contingent, C.E., Unallocated Contingencies 17,425.00 A.1990.4.100.200 Contingent, C.E., Police Retirement Reserve 8,540.00 Total $37,636.00 Southold Town Meeting Agenda - January 19, 2010 Page 16 ? Vote Record - Resolution RES-2010-99 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-100 CATEGORY: Budget Modification DEPARTMENT: Town Clerk 2009 Budget Mod - FIFD Fiscal Impact: Close out 2009 books RESOLVED that the Board of Commissioners of the Fishers Island Ferry District hereby modify the 2009 Fishers Island Ferry District budget as follows: TO: SM.1980.4.000.000 MTA Payroll Tax $4,000.00 Line item not funded SM.5610.2.000.000 Airport Capital Proj. $26,700.00 Additional engineering, 95% reimburse SM 5710.2.000.200 Race Point Repairs $6,100.00 Dry docking extras SM 5710.4.000.800 Uniforms $3,000.00 Additional uniform charges SM 5710.4.000.900 Credit Card Fees $3,500.00 Additional credit card business SM 5712.4.000.000 Commissioner Fees $1,150.00 Extra meetings SM 7155.4.000.000 Theatre $3,750.00 Additional movie expenses Total $48,200.00 FROM: SM.5710.4.000.300 Fuel Oil Vessels $48,200.00 Total $48,200.00 Southold Town Meeting Agenda - January 19, 2010 Page 17 ? Vote Record - Resolution RES-2010-100 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-101 CATEGORY: Budget Modification DEPARTMENT: Town Clerk 2009 Bud Mod Fiscal Impact: Over expended budget line 2009 RESOLVEDmodifies the 2009 that the Town Board of the Town of Southold hereby General Fund, Whole Town budget as follows: From: A.1989.1.100.200 Overtime Earnings $200.00 To: A.1989.4.200.200 Cellular Service $200.00 ? Vote Record - Resolution RES-2010-101 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-102 CATEGORY: Budget Modification DEPARTMENT: Zoning Board of Appeals 2010 Bud Mod - ZBA Fiscal Impact: To pay the Consultant fees for Linda Kowlaski modifies the General Fund, RESOLVED that the Town Board of the Town of Southold hereby Southold Town Meeting Agenda - January 19, 2010 Page 18 Part Town 2010 budget as follows: TO: B8010.4.500.100 ZBA Consultant 4,000 FROM: B8010.1.100.100 FT Regular Earnings 4,000 ? Vote Record - Resolution RES-2010-102 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-103 CATEGORY: Employment - Town DEPARTMENT: Town Attorney Michelle Tomaszewski Shall be Designated as a Confidential Employee as Defined by the Public Employment Relations Board WHEREAS , Patricia Garsik was previously designated as a confidential employee; and WHEREAS , Ms. Garsik has retired from the Town; and WHEREAS , the confidential job duties performed by Ms. Garsik have been assigned and are now being performed by Michelle Tomaszewski; now, therefore, BE IT RESOLVED that Michelle Tomaszewski shall be designated as a confidential employee as defined by the Public Employment Relations Board. ? Vote Record - Resolution RES-2010-103 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt Southold Town Meeting Agenda - January 19, 2010 Page 19 2010-104 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint Kenneth W. Schneider as the Zoning Board of Appeals Representative to the LWRP Coordinating Council RESOLVEDappoints Kenneth W. that the Town Board of the Town of Southold hereby Schneider as the Zoning Board of Appeals representative to the LWRP Coordinating Council to fill the position previously held by Michael Simon, effective immediately. ? Vote Record - Resolution RES-2010-104 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-105 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Engagement Letter Between the Town of Southold and Albrecht, Viggiano, Zureck & Company, P.C. to Perform an Audit of the Town’s Deferred Compensation Plan for the Year Ending December 31, 2009 RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the engagement letter between the Town of Southold and Albrecht, Viggiano, Zureck & Company, P.C. to perform an audit of the Town’s Deferred Compensation Plan for the year ending December 31, 2009, in connection with the Town’s annual reporting obligations under the New York State Deferred Compensation Board, at a cost of $12,500.00, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-105 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt Southold Town Meeting Agenda - January 19, 2010 Page 20 2010-106 CATEGORY: Seqra DEPARTMENT: Town Attorney LL/Amendments to Use Regs/Acc. Apts. SEQRA RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local “A Local Law in relation to Amendments to Use Regulations within the law entitled Agricultural Conservation (A-C) District and Low Density Residential R-80, R-120, R-200, and R-400 Districts and Accessory Apartments” is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated January 15, 2010, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, 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-2010-106 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-107 CATEGORY: Property Usage DEPARTMENT: Town Attorney Grants Permission to Congressman Timothy Bishop to Use the Town of Southold Human Resource Center Facility on Saturday, January 23, 2010, from Noon Until 4:30 P.M. for One RESOLVEDgrants permission to that the Town Board of the Town of Southold hereby Congressman Timothy Bishop to use the Town of Southold Human Resource Center facility on Saturday, January 23, 2010, from Noon until 4:30 p.m. for one-on-one meetings with Town residents. Southold Town Meeting Agenda - January 19, 2010 Page 21 ? Vote Record - Resolution RES-2010-107 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-108 CATEGORY: Property Acquisition Public Hearing DEPARTMENT: Land Preservation Manor Grove Set Public Hearing RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, February 2, 2010, at _________ p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of properties from The Nature Conservancy, contract vendee for the properties owned by Manor Grove Corp. Said properties are identified as p/o SCTM #1000-53-1-1.3 and p/o SCTM#1000- 53-1-1.2.The area to be purchased is approximately 27.36± acres of the total property area, which excludes from the purchase an area of approximately 0.72 acres which includes the existing residential building and 2 accessory barns, as well as an area of approximately 0.38± acres which is involved in a lot line modification. The addresses of the properties are 650 Albertson Lane and 68775 Route 25, respectively, in Greenport, New York. The properties are located within the R-80 and LB zoning districts. The proposed acquisition is for the Town of Southold to acquire a fifty percent (50%) undivided interest in and to the approximately 27.36± acre property and for the County of Suffolk to acquire the remaining fifty percent (50%) undivided interest in and to the approximately 27.36± acre property, as tenants-in-common for open space purposes.The exact area of the purchase is subject to survey. The total purchase price is $1,125,000 (one million one hundred twenty five thousand dollars) and such purchase price will be divided equally in the respective amounts of $562,500 by the Town of Southold and $562,500 by the County of Suffolk. The purchase will be funded by the Town’s Community Preservation Fund and the County of Suffolk in a 50%/50% partnership which will include the purchase price and any related acquisition costs associated with the purchase of these parcels. The properties are listed on the Town’s Community Preservation Project Plan as property that should be preserved for purposes of open space, nature preserves, passive recreational areas, wetland protection, significant biological diversity protection and furtherance of a greenbelt. The purpose of this acquisition is for open space protection, passive recreational purposes, wetland Southold Town Meeting Agenda - January 19, 2010 Page 22 and biological diversity protection and to expand the existing preservation and protection efforts of the Town and County within the Pipes Cove Area. Proposed uses of the property may include the establishment of a nature preserve, passive recreational area with trails, and limited parking for access purposes, all subject to a Management Plan which will be developed for this property. The Land Preservation Coordinator has review the acquisition in accordance with Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5.Sanitary Flow Credits may be available for transfer from the properties upon the Town and County’s purchase of the properties.The County of Suffolk will determine the number of Sanitary Flow Credits available from the properties. The Sanitary Flow Credits will be divided equally between the Town and County. The transfer of the Sanitary Flow Credits allotted to the Town will not be finalized, and shall not occur, until the Town closes on the properties, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcels 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-2010-108 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-109 CATEGORY: Road Dedications DEPARTMENT: Town Attorney Zoumas at Deer Run Dedication WHEREAS , Zoumas Contracting Corp. and Freeform Building Partners, LLC have made application to the Town Board of the Town of Southold to dedicate a certain road in Southold, New York, to be known as “DEER RUN”, and a “DRAINAGE EASEMENT”, as shown on the map entitled “Subdivision Map of Zoumas Contracting Corp.”, filed in the Office of the Clerk of the County of Suffolk on October 1, 2004 as Map No. 11166, together with the release executed by the owner thereof; and WHEREAS , the Southold Town Superintendent of Highways has inspected the said highways and has advised the Town Board that said proposed highways comply in all respects with the specifications for the dedication of highways in the Town of Southold; now, therefore, be it Southold Town Meeting Agenda - January 19, 2010 Page 23 RESOLVED , that in accordance with Section 171 of the Highway Law of the State of New York, consent be, and the same hereby is, given to the Superintendent of Highways to make an order laying out the aforesaid highways, to consist of lands described in said application as shown on certain maps attached to said application; and be it FURTHER RESOLVEDauthorized and directed , that the Town Clerk be, and she hereby is, to forthwith cause the dedication, release, and deed to be recorded in the Office of the Clerk of the County of Suffolk, New York . ? Vote Record - Resolution RES-2010-109 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-110 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk CAC Chairperson RESOLVEDappoints Peter Young as that the Town Board of the Town of Southold hereby Chairperson of the Conservation Advisory Council , effective January 1, 2010 through December 31, 2010. ? Vote Record - Resolution RES-2010-110 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-111 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Scott Latham to Police Sergeant Southold Town Meeting Agenda - January 19, 2010 Page 24 RESOLVEDappoints Scott Latham to that the Town Board of the Town of Southold hereby the position of Police Sergeant for the Police Department, effective January 20, 2010, at an annual base salary of $115,620. ? Vote Record - Resolution RES-2010-111 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-112 CATEGORY: Legal DEPARTMENT: Town Attorney Amend Resolution 2009-857 to Rescind Abolishment of 3 Positions Due to Attrition WHEREAS due to financial and budgetary reasons, the Town Board had previously determined that it was necessary to reduce the number of employees in the Town; and WHEREAS as a result of that determination, several positions were abolished including 3 police officers; and WHEREAS the number of employees the Town Board sought to eliminate from the Police Department has been otherwise reduced by attrition in that Department; NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold hereby amends Resolution 2009- 857 by deleting the paragraph stating: “RESOLVED that the Town Board of the Town of Southold hereby abolishes the following non-vacant positions effective January 31, 2010: Title Police Officer (3 positions) Department Police”; and be it further Southold Town Meeting Agenda - January 19, 2010 Page 25 RESOLVED that the above be forwarded to Suffolk County Department of Civil Service for . administrative purposes ? Vote Record - Resolution RES-2010-112 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-113 CATEGORY: Policies DEPARTMENT: Town Clerk Amend - Policy on Association of Towns Attendance RESOLVEDamends the Attendance at that the Town Board of the Town of Southold hereby Association of Towns Meeting Policy, Resolution No. 2008-1007, dated November 5, 2008, to read as follows: RESOLVED that the Town Board of the Town of Southold adopts the "Attendance at Association of Towns Meeting Policy" set forth below, which dictates policy and procedures relating to Attendance at Association of Towns Meeting. TOWN OF SOUTHOLD POLICY ON ATTENDANCE AT ASSOCIATION OF TOWNS MEETING There will be NO compensatory time given for attendance at the Association of Towns Meeting, including the Presidents Day holiday. Wherever possible training should be taken advantage of when offered by Suffolk County at FREE classes rather than attending the Association of Towns Training School. Wherever possible, attendance should be made on a day trip basis. There will be a two night maximum for hotel accommodations, unless an attendee is participating in a Wednesday class or event. Southold Town Meeting Agenda - January 19, 2010 Page 26 There will be no reimbursement for meals, except for lunch for attendees not staying overnight ($10 allowance). The following representations shall be approved to attend the Association of Towns Meeting: Supervisor's Office 2 Town Board Members Town Clerk 3 Town Attorneys Town Justice and 2 Justice Court Clerks Building Department Head, 2 Building Inspectors, Code Enforcement Officer, & Building Permits Examiner Assessors and 1 Assessment Assistant Town Engineer Highway Superintendent Receiver of Taxes 1 Planning Board and 1 Planning Staff 1 ZBA Member and 1 ZBA Staff This Policy is to be used as a guideline and may be appealed by anyone requiring other arrangements. ? Vote Record - Resolution RES-2010-113 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-114 CATEGORY: Grants DEPARTMENT: Town Clerk 2010-2011 LGRMIF GRANT Authorization RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Active Records Cooperative LGRMIF grant application as lead agency, together with the Village of Greenport, to the New York State Education Department, New York State Archives and Records Administration, under the 2010-2011 (LGRMIF) Local Government Records Management Improvement Fund grant program, for the purpose of upgrading our GIS Geographical Information System in order to increase the capacity of our new integrated property-related land management (ECMS) Southold Town Meeting Agenda - January 19, 2010 Page 27 electronic content management system. ? Vote Record - Resolution RES-2010-114 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-115 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Deputy Supervisor Phillip Beltz to Execute a Letter of Understanding to Greenport Village Mayor David Nyce Confirming the Town Board’s Interest in Proceeding with the Bay to Sound Trails Project as Well as Seeking Confirmation from the Greenport Village Trustees that They Are Also in Support of the Project and Certain Expenditures Associated Therewith RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Deputy Supervisor Phillip Beltz to execute a letter of understanding to Greenport Village Mayor David Nyce confirming the Town Board’s interest in proceeding with the Bay to Sound trails project as well as seeking confirmation from the Greenport Village Trustees that they are also in support of the project and certain expenditures associated therewith , subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-115 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-116 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Agreement Between the Town of Southold and Nelson, Pope & Voorhis, LLC for Consulting Services in Connection with the Economic Chapter of the Town’s Comprehensive Plan Southold Town Meeting Agenda - January 19, 2010 Page 28 RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and Nelson, Pope & Voorhis, LLC for consulting services in connection with the Economic Chapter of the Town’s Comprehensive Plan, at a cost not to exceed $48,600.00 (Budget Line B.8020.4.500.500 – Planning Consultant) as well as the full demographic inventory to be included as a separate chapter of the Town’s Comprehensive Plan, at a cost not to exceed $7,500.00 (Budget Line B.8020.4.500.500 – Planning Consultant), subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-116 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt 2010-117 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL/Amendments to Use Regulations/Accessory Apts. WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 15th day of December, 2009, a Local Law entitled relation to Amendments to Use Regulations within the Agricultural Conservation (A-C) District and Low Density Residential R-80, R-120, R-200, and R-400 Districts and Accessory Apartments” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it ENACTS RESOLVED that the Town Board of the Town of Southold hereby the proposed Local “A Local Law in relation to Amendments to Use Regulations within the Law entitled, Agricultural Conservation (A-C) District and Low Density Residential R-80, R-120, R-200, and R-400 Districts and Accessory Apartments” reads as follows: LOCAL LAW NO. 2010 “A Local Law in relation to Amendments to Use Regulations within A Local Law entitled, the Agricultural Conservation (A-C) District and Low Density Residential R-80, R-120, R- 200, and R-400 Districts and Accessory Apartments” . Southold Town Meeting Agenda - January 19, 2010 Page 29 BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It is the intent and purpose of this law to allow accessory apartments within accessory structures in A-C, R-80, R-120, R-200 and R-400 Districts to provide the opportunity for the development of small rental housing designed to meet the housing needs of median income families, both young and old, and relatives of families residing in the Town of Southold. It is also the intent of this law to increase compliance with building and fire code, property maintenance, 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: §280-4. Definitions. ACCESSORY APARTMENT – An apartment A dwelling unit created in a presently existing one family dwelling unit or accessory structure pursuant to §280-13B(13 or 14). FAMILY MEMBER – The spouse, domestic partner, child, grandchild, stepchild, parent, aunt, uncle, niece, nephew, brother or sister of the owner or of the owner’s spouse or domestic partner. TRANSIENT – A rental period of 29 days or less. §280-13. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (1) One-family detached dwellings, not to exceed one dwelling on each lot. (2) The following agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or other odor- or dust-producing substance or use, except spraying and dusting to protect vegetation, within 150 feet of any lot line: [Amended 5-23-1989 by L.L. No. 8- 1989] (a) The raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the premises. [Amended 11-29-1994 by L.L. No. 25-1994; 5-13-1997 by L.L. No. 8-1997] (b) The keeping, breeding, raising and training of horses, domestic animals and fowl (except ducks)EN on lots of 10 acres or more. (c) Barns, storage buildings, greenhouses (including plastic covered) and other related structures, provided that such buildings shall conform to the yard requirements for principal buildings. Southold Town Meeting Agenda - January 19, 2010 Page 30 (d) The retail sale of local produce from structures of less than 20 square feet floor area shall be set back at least 10 feet from any lot line. [Added 5-13- 1997 by L.L. No. 8-1997] (3) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (4) Wineries which meet the following standards: [Added 11-29-1994 by L.L. No. 26-1994] (a) The winery shall be a place or premises on which wine made from primarily Long Island grapes is produced and sold; (b) The winery shall be on a parcel on which at least 10 acres are devoted to vineyard or other agricultural purposes, and which is owned by the winery owner; (c) The winery structures shall be set back a minimum of 100 feet from a major road; and (d) The winery shall obtain site plan approval. (5) Small wind energy systems on parcels greater than seven acres in size, which parcels are dedicated primarily to uses necessary for bona fide agricultural production, and subject to the standards provided in Chapter 277 of this Town Code. [Added 7-17-2007 by L.L. No. 15-2007] B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, 5 except for two-family dwellings and the uses set forth in Subsection B(1) hereof, are subject to site plan approval by the Planning Board: [Amended 12-21-1993 by L.L. No. 27-1993] (1) Two-family dwellings not to exceed one such dwelling on each lot. (2) Places of worship, including parish houses (but excluding a rectory or parsonage, which shall conform to the requirements for a one-family dwelling), subject to the following requirements: (a) No building or part thereof shall be erected nearer than 50 feet to any street line and nearer than 20 feet to any lot line. (b) The total area covered by all principal and accessory buildings shall not exceed 20% of the area of the lot. (3) Private elementary or high schools, colleges and other educational institutions, subject to the following requirements: (a) No building shall be less than 50 feet from any street or lot line. (b) The total area occupied by all principal and accessory buildings shall not exceed 20% of the area of the lot. (c) Any school shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively thereunder as such. (d) Any such school shall occupy a lot with an area of not less than five acres plus one acre for each 25 pupils for which the building is designed. (4) Nursery schools. (5) Philanthropic, eleemosynary or religious institutions, health care, continuing care and life facilities, but excluding facilities for the treatment of all types of drug Southold Town Meeting Agenda - January 19, 2010 Page 31 addiction, subject to the following requirements: [Amended 12-27-1994 by L.L. No. 30-1994; 11-12-1996 by L.L. No. 20-1996] (a) No building or part thereof or any parking or loading area shall be located within 100 feet of any street line nor within 50 feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed 20% of the area of the lot. (c) The maximum height shall be 35 feet or 2 1/2 stories. (d) The entire lot, except areas occupied by buildings or parking or loading areas, shall be suitably landscaped and properly maintained. (e) Any health care, continuing care or life care facility shall meet the following standards: [1] All buildings shall be of fire-resistive construction. [2] All such uses shall be served by adequate water and sewer systems approved by the Suffolk County Department of Health. [3] Patients suffering from communicable diseases shall not be permitted in any nursing home or sanatorium. (Communicable diseases are defined by the Sanitary Code of the Public Health Council of the State of New York.) [4] Eight thousand square feet of lot area shall be provided for each patient bed. (6) Public utility rights-of-way as well as structures and other installations necessary to serve areas within the Town, except that wireless communication facilities must obtain approval pursuant to Article XVII, subject to such conditions as the Board of Appeals may impose in order to protect and promote the health, safety, appearance and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed. [Amended 11- 12-1997 by L.L. No. 26-1997] (7) Beach clubs, tennis clubs, country clubs, golf clubs and annual membership clubs and accessory playgrounds, beaches, swimming pools, tennis courts, recreational buildings and maintenance buildings catering exclusively to members and their guests, subject to the following requirements: [Amended 12-27-1994 by L.L. No. 30-1994; 12-8-1998 by L.L. No. 26-1998] (a) No building or part thereof or any parking or loading area shall be located within 100 feet of any street line or within 50 feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed 20% of the area of the lot. (c) No such use shall occupy a lot with an area of less than three acres. (8) Children's recreation camps organized primarily for seasonal use and subject to the following requirements: (a) No building, tent, activity area or recreation facility shall be less than 200 feet from any lot line, and any such building, tent, activity area or recreation facility shall be effectively screened therefrom as required by the Planning Board. Buildings intended for use as sleeping quarters shall be not less than 30 feet from each other, except tents, which shall be not less than 10 feet apart. Southold Town Meeting Agenda - January 19, 2010 Page 32 (b) The minimum lot area shall be not less than 10,000 square feet for each cottage, tent or other principal building and not less than 3,000 square feet of land area shall be provided for each person accommodated in the buildings or tents on the premises.EN (c) The sound level of all outdoor public-address systems shall not exceed the intensity tolerable in a residential neighborhood. (9) Farm labor camps, subject to the following requirements: (a) All farm labor camps on farms shall be construed in conformance with applicable laws and shall not be located nearer to any other residence than the residence of the employer, except by specific review and approval of the Planning Board. (10) Veterinarian's offices and animal hospitals, subject to the following requirements: (a) The housing of all animals shall be in a fully enclosed structure, if nearer than 150 feet to any lot line. (11) Cemeteries. (12) Stables and riding academies.EN (13) One accessory apartment in an existing one-family dwelling, subject to the following requirements: (a) The accessory apartment shall be located in the principal building. (b) The owner of the existing dwelling shall occupy one of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years. (c) The existing one-family dwelling shall contain not less than 1,600 square feet of livable floor area. (d) The accessory apartment shall contain not less than 450 square feet of livable floor area. (e) The accessory apartment shall not exceed 40% of the livable floor area of the existing dwelling unit and any addition thereto permitted under Section 280-13(B)(13)(j) hereof. (f) A minimum of three off-street parking spaces shall be provided. (g) Not more than one accessory apartment shall be permitted on a lot. (h) The accessory apartment shall meet the requirements of an dwelling unit apartmentas defined in § 280-4 hereof. (i) The exterior entry to the accessory apartment shall, to the maximum extent possible, retain the existing exterior appearance of a one-family dwelling. (j) All exterior alterations to the existing building, except for access to the apartment, shall be made on the existing foundation.Subject to all other restrictions and requirements in this Code, a reasonable expansion of the existing foundation, not to exceed 25% of the living space of the existing dwelling unit, may be permitted to accommodate the creation of an accessory apartment. (k) The certificate of compliance shall terminate upon the transfer of title by the owner or upon the owner ceasing to occupy one of the dwelling units as the owner's principal residence. In the event of an owner's demise, the Southold Town Meeting Agenda - January 19, 2010 Page 33 occupant of an accessory apartment may continue in occupancy until a new owner shall occupy the balance of the dwelling or one year from date of said demise, whichever shall first occur. [Amended 5-20-1993 by L.L. No. 6-1993] (l) All conversions shall be subject to the inspection of the Building Inspector and renewal of the certificate of occupancy annually. [Amended 5-20- 1993 by L.L. No. 6-1993] (m) The building which is converted to permit an accessory apartment shall be in existence, and have be eligible for or have a valid certificate of , occupancy issued prior to January 1, 1984 2004 or proof of occupancy prior to that date. [Amended 5-20-1993 by L.L. No. 6-1993] (n) The existing building, together with the accessory apartment, shall comply with all other requirements of Chapter 280 of the Town Code of the Town of Southold. (o) Notwithstanding the provisions of § 280-13B hereof, no site plan approval by the Planning Board shall be required for the establishment of an accessory apartment. (p) Approval by the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. (q) No bed-and-breakfast facilities, as authorized by § 280-13B(1415) hereof, shall be permitted in or on premises for which an accessory apartment is authorized or exists. [Added 3-14-1989 by L.L. No. 3-1989] (14) One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: (a) The accessory apartment shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (b) A minimum of three off street parking spaces shall be provided on premises. (c) Not more than one accessory apartment shall be permitted on a lot. (d) The accessory apartment shall meet the requirements of an apartment as defined in Section 280-4 hereof. (e) The entirety of the living floor area of the accessory apartment must be on one floor of the accessory structure. ( f) The accessory structure which is converted to permit an accessory apartment shall be in existence and be eligible for a pre-certificate of occupancy or have a valid certificate of occupancy issued prior to January 1, 2004. (g) The existing accessory structure shall comply with all other requirements of this Chapter. (h) Notwithstanding the provisions of Section 280-13(B) hereof, no site plan approval by the Planning Board shall be required for the establishment of an accessory apartment in an accessory structure. (i) Approval of the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. Southold Town Meeting Agenda - January 19, 2010 Page 34 (j) No bed-and-breakfast facilities, as authorized by Section280-13(B)(15) hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists. (k) Occupancy of resident structures on the premises shall be subject to the following requirements: [1] The owner of the premises shall occupy either the existing single family dwelling unit or the accessory apartment in the detached accessory structure as the owner’s principal residence. The other dwelling unit shall be leased for year round occupancy evidenced by a written lease for a term of one or more years to: a) a family member; or b) to a resident who is currently on the Southold Town affordable housing registry. [2] Rents charged to a resident on the affordable housing registry shall not exceed the rent established by the Town Board annually pursuant to §280-30(F) of this code. [3] No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code. [4] A transient rental is prohibited. [5] An accessory apartment shall only be occupied or otherwise utilized in accordance with the certificate of occupancy issued for the dwelling unit. (l) The premises and all structures are subject to annual review and certification by the owner of compliance with the mandates of this chapter. The Chief Building Inspector, Code Enforcement Officer, and Town personnel who are engaged in the enforcement of the provisions of this chapter are authorized to make or cause to be made inspections to determine compliance with this chapter and are authorized to enter upon any property for the purpose of said inspections. (m) The Chief Building Inspector or Code Enforcement Officer shall revoke the certificate of occupancy for the premises when he or she finds that the owner has caused, permitted or allowed to exist and remain upon the premises a violation of any provision of the Code of the Town of Southold for a period of 14 days or more after written notice has been given to the owner. (n) An appeal from such revocation may be taken by the permit holder to the Housing Advisory Commission, by written request, made within 30 days from the date of such revocation. The Housing Advisory Commission shall hold a public hearing on such appeal within 30 days after receipt of written notice of such appeal and, after such hearing, shall make written findings and a decision either sustaining such certification of occupancy revocation or reinstating such certificate of occupancy within 30 days after close of such public hearing. Southold Town Meeting Agenda - January 19, 2010 Page 35 (o) In lieu of an inspection, the owner of the premises may submit a written certification, within 10 days of each anniversary of the commencement of the lease term to the Chief Building Inspector verifying that the dwelling unit is in compliance with all of the provisions of the Code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and the laws of the State of New York. In addition, the owner shall certify that the tenant is a family member or currently listed on the Town’s approved housing registry in accordance with §280-13(B)(14)(k). If the owner fails to submit a timely verified certificate, in writing, to the Chief Building Inspector, such shall be deemed a violation of this chapter. (p) A violation of this chapter by the owner(s) is hereby declared to be an offense punishable by a fine not less than $1,500 nor more than $8,000 or imprisonment for a period not to exceed six months, or both, for a conviction of a first offense; for conviction of a second or subsequent offense within 18 months, a fine not less than $3,000 nor more than $15,000 or imprisonment not to exceed a period of six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply. Each day’s continued violation shall constitute a separate additional violation. (q) Additionally, in lieu of imposing the fine authorized in §280-13(B)(14)(p), in accordance with Penal Law §80.05(5), the court may sentence the defendant(s) to pay an amount, fixed by the court, not exceeding double the amount of the rent collected over the term of the occupancy. (1415) Bed-and-breakfasts which have been issued a bed-and-breakfast permit by the Building Inspector. Said permit shall be issued for a term of one year if the following conditions are met: [Amended 3-14-1989 by L.L. No. 3-1989; 2-7-1995 by L.L. No. 3-1995] (a) A smoke alarm shall be provided on each floor and in every guest room. (b) The dwelling shall have at least two exits and there shall be a window large enough for emergency egress in each guest room. (c) The identification sign shall be no larger than two square feet in areas zoned Residential-Office or higher, but there shall be no exterior signage identifying the use as a bed-and-breakfast in residential areas. (d) No accessory apartment, as authorized by § 280-13B(13) hereof, shall be permitted in or on premises for which a bed-and-breakfast facility is authorized or exists. (1516) Historical society. [Added 11-12-1996 by L.L. No. 20-1996] (1617) Preservation and use of a federal or state designated historic building for the purpose of hosting community events, together with the use of part of such building for professional offices and/or one apartment, not to exceed a total of three uses per building, provided that such building is owned and maintained by a not-for-profit historic organization. In no event shall there be more than one apartment per building. [Added 10-25-2005 by L.L. No. 18-2005] Southold Town Meeting Agenda - January 19, 2010 Page 36 III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV.EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2010-117 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt VI. PUBLIC HEARINGS 1. LL/Amendments to Use Regulations/Accessory Apts. ? Vote Record - Resolution RES-2010-117 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt Motion to Adjourn ? Vote Record - Resolution RES-2010-117 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt