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HomeMy WebLinkAboutAG-02/02/2010 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 February 2, 2010 4:30 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 4:30 PM Meeting called to order on February 2, 2010 at Meeting Hall, 53095 Route 25, Southold, NY. I. REPORTS 1. Land Tracking Report 4th quarter 2009 2. Island Group Claim Lag Report 1/1/09 to 12/31/09 Claims II. PUBLIC NOTICES 1. Liquor License Renewals Cliff & Phils Lobster House Inc. d/b/a Elbow East, 50 North Sea Dr., Southold R.J. Heaney Inc. d/b/a Skippers, 4545 Rt 25, Greenport 2. N Y S D O T Notice of Order: 20 MPH on Rt 25, adjacent to the Mattituck School, 300’ east of school to 300’ west of school 3. Liquor License Applications R. Moran or Corp to be formed, Route 25, Greenport (Island End Golf Country Club) Baldy Grimaldi Inc., Islands End Golf & Country Club, Route 25, Greenport AKHW, LLC, 62300 Main Rd., Southold Southold Town Meeting Agenda - February 2, 2010 Page 2 Denise Burke, business name to be determined, Blue Dolphin Motel, 7850 Main Rd., East Marion 4. Dept of the Army Corps of Engineers Application: Mattituck Park District to extend existing timber groin landward by 8'; replace bulkhead; install 15' long return, backfill; replace float pile. Mattituck Creek. Application: Robert O'Brien to remove dock with further construction in same location of dock, ramp and float and remove and replace bulkhead. East Creek. 5. N Y S D E C Water Withdrawal Reports Required 6. Suffolk County Dept. of Planning Request for Written Comments on Proposed Shellfish Aquaculture Lease Sites and Suffolk County Aquaculture Lease Board Meetings 7. Suffolk County Dept. of Planning Riverhead Amendment - Certificate of Occupancy III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 A.M. - John Cushman Budget Update 2. 9:30 A.M. - John Cushman Filling of Clerical Positions 3. 9:45 A.M. - Chief Cochran Canine unit 4. 10:00 A.M. - Peter Harris, Jamie Richter Lake Mobil & misc. asphalting projects - bidding process 5. 10:30 A.M. - Jeffrey Standish Deer Management Committee Update & Survey results 6. 11:00 A.M. - Ken Reeves Polar Bear Swim @ Gull Pond - 2/20 Rec. Dept. Refund Policy - $5.00 cancellation fee Southold Town Meeting Agenda - February 2, 2010 Page 3 Southold H.S. - Use of athletic fields & tennis courts 7. 11:30 A.M. - Mike Verity “Knock Down, rebuild vs Renovation” - code language needed 8. Appointment of 2Nd Delegate to Association of Towns 9. Amendments to Chapter 275 10. NFAWL Compliance 11. MTA Cuts to LIRR 12. Southold Ventures LLC Request for Hearing 13. Appointment of Landmark Preservation Commission Coordinator 14. Town Board Liaison to CAC 15. Recommendations/Input from Committees CAC Mooring review 16. Referrals to Committees PAC : police staffing 17. 1:00 P.M. - EXECUTIVE SESSION - Melissa Spiro Proposed acquisition of real property the publicity of which would substantially affect the value thereof 18. EXECUTIVE SESSION - Labor Update on settlement of grievances Matters involving employment of particular person contract negotiations 19. EXECUTIVE SESSION - Litigation William S. Ryall, et al. v. ZBA MINUTES APPROVAL RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, January 05, 2010 Southold Town Meeting Agenda - February 2, 2010 Page 4 ? Vote Record - Acceptance of Minutes for January 5, 2010 11:00 AM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland ???????? Vincent Orlando ? Accepted ?????????? Accepted as Amended Christopher Talbot ?? Tabled ???????? Albert Krupski Jr. ???????? Louisa P. Evans ???????? Scott Russell RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, January 05, 2010 ? Vote Record - Acceptance of Minutes for January 5, 2010 4:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland ???????? ? Vincent Orlando Accepted ?????????? Accepted as Amended Christopher Talbot ?? Tabled ???????? Albert Krupski Jr. ???????? Louisa P. Evans ???????? Scott Russell RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, December 15, 2009 ? Vote Record - Acceptance of Minutes for December 15, 2009 4:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland ???????? ? Vincent Orlando Accepted ?????????? Accepted as Amended Christopher Talbot ?? Tabled ???????? Albert Krupski Jr. ???????? Louisa P. Evans ???????? Scott Russell V. RESOLUTIONS 2010-119 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby February 2, 2010. ? Vote Record - Resolution RES-2010-119 ? 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 - February 2, 2010 Page 5 2010-120 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 23, 2010 at the Southold Town Hall, Southold, New York at 7:30 P. M.. ? Vote Record - Resolution RES-2010-120 ? 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 2010-121 CATEGORY: Budget Modification DEPARTMENT: Accounting Modify Tax Receivers 2009 Budget Fiscal Impact: As requested by George Sullivan, a small additional amount of overtime was earned and paid in 2009, and office supplies and tax bill processing slightly exceeded the budgeted amounts. Over $12,000 is available in the Seasonal clerical appropriation, which is available to cover these over-expended appropriations. RESOLVEDmodifies the 2009 Tax that the Town Board of the Town of Southold hereby Collection budget in General Fund Whole Town as follows: From: A.1330.1.300.100 Seasonal Employees, Regular Earnings $650 Total $650 To: A.1330.1.300.200 Seasonal Employees, Overtime Earnings $ 50 A.1330.4.100.100 Supplies & Materials, Office Supplies 300 A.1330.4.400.100 Contracted Services, Tax Bill Processing 300 Total $650 Southold Town Meeting Agenda - February 2, 2010 Page 6 ? Vote Record - Resolution RES-2010-121 ? 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 2010-122 CATEGORY: Budget Modification DEPARTMENT: Accounting Modify Town Board’s 2009 Budget Fiscal Impact: Needed to provide appropriations for En-Consultant's additional coastal erosion work and Offshore and Coastal Technologies Goldsmith's Inlet work. RESOLVEDmodifies the 2009 Town that the Town Board of the Town of Southold hereby Board’s budget in the General Fund Whole Town as follows: From: A.1010.4.500.400 Medical Consultant $1,000 A.1010.4.500.700 Title Fees 900 To: A.1010.4.500.300 Environmental Consultant $1,900 ? Vote Record - Resolution RES-2010-122 ? 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 2010-123 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification 2009 Budget Fiscal Impact: Cover several overexpended lines as follows: Southold Town Meeting Agenda - February 2, 2010 Page 7 GFWT Historic Preservation and Medical Plan Buyout -- due to rounding of compensation, in cents Employee Benefit Fund - benefit funding short 6¾ months for 1 employee GFPT Medical Plan Buyout - Unexpected that one more employee would take buyout in 2009. However, this saved the Town from funding 100% of said employees premium equivalent, resulting in a net 50% savings. RESOLVEDmodifies the 2009 budget that the Town Board of the Town of Southold hereby as follows: General Fund Whole Town From: A.7520.4.100.100 Historic Preservation, Office Supplies $ 1 A.9055.8.000.200 Employee Assistance Program 901 Total $ 902 To: A.7520.1.200.100 Historic Preservation, Part Time Earnings $ 1 A.9055.8.000.100 Employee Benefit Fund 900 A.9089.8.000.100 Medical Plan Buyout 1 Total $ 902 General Fund Part Town From: B.9901.9.000.000 Transfers to Health Plan $10,000 To: B.9089.8.000.100 Medical Plan Buyout $10,000 ? Vote Record - Resolution RES-2010-123 ? 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 2010-124 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification- Police Fiscal Impact: Southold Town Meeting Agenda - February 2, 2010 Page 8 Donation received by PD for placement on Office Equipment/Chairs budget line. RESOLVEDmodifies the 2010 that the Town Board of the Town of Southold hereby General Fund Whole Town budget as follows: To: Revenues: A.2705.40 Gifts & Donations $50.00 To: Appropriations: A.3120.2.200.200 Office Equipment/Chairs $50.00 ? Vote Record - Resolution RES-2010-124 ? 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 2010-125 CATEGORY: Budget Modification DEPARTMENT: Public Works 2009 Budget Modifications Fiscal Impact: Over-expended appropriation lines RESOLVEDmodifies the 2009 that the Town Board of the Town of Southold hereby General Fund Whole Town Budget follows: From: A.1620.4.100.100 Buildings & Grounds, Miscellaneous $12,036 Total $12,036 To: A.1620.4.200.300 Buildings & Grounds, Gas $ 1,656 A.1620.4.600.100 Buildings & Grounds, Property Taxes 3,310 A.5182.4.200.250 Street Lighting, Street Light Power 6,565 A.1490.1.100.400 Public Works Admin, Sick Earnings 81 A.8660.1.100.400 Community Development, Sick Earnings 423 Southold Town Meeting Agenda - February 2, 2010 Page 9 A.3310.4.200.200 Traffic Control, Light & Power 1 Total $12,036 ? Vote Record - Resolution RES-2010-125 ? 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 2010-126 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute Appendix X to Contract #C006789 Between the Town of Southold and the New York State Department of State RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute Appendix X to Contract #C006789 between the Town of Southold and the New York State Department of State , in connection with the planning and development of Southold Town Code revisions, which document extends the funding for said Agreement to December 31, 2010, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-126 ? 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 2010-127 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Police Radio Agreement Between the Town of Southold and the Town of Shelter Island for Calendar Year 2010 Regarding Receiving and Dispatching Radio Transmissions on Behalf of Shelter Island Town by the Town of Southold at Its Radio Base Station RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Southold Town Meeting Agenda - February 2, 2010 Page 10 Supervisor Scott A. Russell to execute the Police Radio Agreement between the Town of Southold and the Town of Shelter Island for calendar year 2010 regarding receiving and dispatching radio transmissions on behalf of Shelter Island Town by the Town of Southold at its radio base station , whereby the Town of Shelter Island agrees to pay the Town of Southold the sum of $43,277.00 for 2010, with annual increases consistent with CPI, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-127 ? 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 2010-128 CATEGORY: Budget Modification DEPARTMENT: Building Department Budget Modification 2009 Building Department Fiscal Impact: To correct under appropriated funds for Part-Time Regular Earnings. RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby Part Town 2009 Budget as follows: From: B.3620.1.100.200 Building Dept., Full-Time Overtime Earnings $1,200 Total $1,200 To: B.3620.1.200.100 Building Dept., Part-Time Regular Earnings $1,200 Total $1,200 ? Vote Record - Resolution RES-2010-128 ? 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 - February 2, 2010 Page 11 2010-129 CATEGORY: Attend Seminar DEPARTMENT: Building Department Training Seminar 2010 Building Department RESOLVED grants permission to Fire that the Town Board of the Town of Southold hereby Inspector Robert Fisher and Chief Building Inspector Michael Verity to attend a training conference in Lake Placid, New York , from March 1-4, 2010. All expenses for registration, food and travel to be a legal charge to the 2010 Building Department budget (meetings and seminars). ? Vote Record - Resolution RES-2010-129 ? 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 2010-130 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification- Police Department Fiscal Impact: To balance over expended budget lines for fiscal year 2009 as follows: Holiday Earnings: a contractual expense that was underfunded. Equipment Maintenance: unexpected equipment repair. Part Time regular earnings: overuse of Matrons due to large amount of female arrests. Vehicle Impound: impounded more vehicles that anticipated. Bay Constable overtime earnings: short a Bay Constable for most of the year. Buoy Maintenance: F.I. buoy maintenance not originally budgeted for as per Town Board resolution. Police Overtime Earnings: Sergeant shortage during the year. Laundry & Dry Cleaning: a contractual expense that was underfunded. RESOLVEDmodifies the that the Town Board of the Town of Southold hereby 2009 Whole Town budget as follows: From: A.3020.4.200.100 Telephone $12081.00 To: A.3020.1.100.500 Holiday Earnings $1630.00 Southold Town Meeting Agenda - February 2, 2010 Page 12 A.3020.4.400.600 Equipment Maint. & Repairs 548.00 A.3120.1.200.100 Regular Earnings 2043.00 A.3120.4.400.700 Vehicle Impound 945.00 A.3130.1.100.200 Overtime Earnings 474.00 A.3130.4.400.600 Buoy Maintenance 2671.00 A.3120.1.100.200 Overtime Earnings 2425.00 A.3120.4.400.400 Laundry & Dry Cleaning 1345.00 Total $12081.00 ? Vote Record - Resolution RES-2010-130 ? 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 2010-131 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grants Permission to New York Organ Donor Network (NYODN) to Hold a 35 Mile North Shore Bike Tour Fundraiser on Sunday, May 23, 2010 Fiscal Impact: Police Department cost for the event = $15.22 RESOLVEDgrants permission to New that the Town Board of the Town of Southold hereby York Organ Donor Network (NYODN) to hold a 35 mile North Shore Bike Tour fundraiser to begin at Osprey Dominion Winery in Peconic, ride to Orient Point and back to the winerySunday, May 23, 2010 beginning at 9:00AM on , provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2010-131 ? 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 - February 2, 2010 Page 13 2010-132 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Oysterponds U.F.S.D. to Hold Its Annual 5K Run/Walk Race on Saturday, May 15, 2010 Beginning at 10:00 AM Fiscal Impact: Police Department cost for event = $253.26 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Oysterponds U.F.S.D. to hold its Annual 5K Run/Walk race on Saturday, May 15, 2010 beginning at 10:00 AM and to use and close the following route and roads: Main Road (at school) to Platt Road, Halyoke Road, Orchard Street, Narrow River Road, Harbor Street, Douglass Street, King Street, Village Lane, and Tabor Road, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2010-132 ? 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 2010-133 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Agreement W/Oliver Packaging and Equipment Co. RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Lease Agreement between the Town of Southold and Oliver Packaging and Equipment Company in connection with leasing a heat seal machine for the home delivered meals program at the Human Resource Center , at no cost to the Town, subject to the approval of the Town Attorney. Southold Town Meeting Agenda - February 2, 2010 Page 14 ? Vote Record - Resolution RES-2010-133 ? 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 2010-134 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District Final 2009 SWMD Budget Mods Fiscal Impact: Primary reasons: 1) F/T Employee regular earnings and SS Benefits lines: Accounting Office calculation error; 2) Contracted Repairs, CBI Grinder and CBI Maint/Supply: ongoing repair/maintenance issues that required an extra dealer site visits and parts; 3) Admin. Regular Earnings: payment for temporary employee transfer to cover for maternity leave; 4) Admin. Sick Earnings: approved payout slightly over target; 5) Other: Misc. final adjustments. RESOLVEDmodifies the that the Town Board of the Town of Southold hereby 2009 Solid Waste Management District budget as follows: From: SR 1490.1.100.200 Overtime Earnings – Admin $ 2,005 SR 8160.1.100.200 Overtime Earnings – F/T Employees 17,500 SR 8160.4.100.200 Diesel Fuel 30,000 SR 8160.4.100.650 Garbage Bags 18,115 Total $67,620 To: SR 1490.1.100.100 Admin – Regular Earnings $ 678 SR 1490.1.100.600 Admin – Sick Earnings 176 SR 8160.1.100.100 F/T Employees – Regular Earnings 60,141 SR 8160.4.100.100 Office Supplies/Stationary 180 SR 8160.4.100.125 Misc. Supplies 99 SR 8160.4.100.210 Propane Fuel 49 SR.8160.4.100.596 Maint/Supply CBI Grinder 823 SR.8160.4.100.625 Maint/Supply Chevy P/U 76 SR 8160.4.400.665 Contracted Repairs – CBI Grinder 2,768 SR 9030.8.000.000 Social Security Benefits 2,572 SR 9795.7.000.000 Interfund Loan Interest 58 Total $67,620 Southold Town Meeting Agenda - February 2, 2010 Page 15 ? Vote Record - Resolution RES-2010-134 ? 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 2010-135 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Solid Waste Management District LF Groundwater Monitoring WHEREAS, the New York State DEC will consider a relaxed schedule of groundwater monitoring around the Cutchogue Landfill after two (2) more quarters of monitoring, and WHEREAS , funds for this work have been budgeted in the 2010 Solid Waste District budget, it is hereby RESOLVED accepts the proposal of that the Town Board of the Town of Southold hereby H2M Associates, Inc. to supply the town with quarterly monitoring services of gas and groundwater monitoring wells at the Cutchogue Landfill for the first 2 quarters of 2010 only, at a total cost of $15,450 , all in accordance with the Town Attorney. ? Vote Record - Resolution RES-2010-135 ? 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 2010-136 CATEGORY: Budget Modification DEPARTMENT: Town Attorney Town Attorney Budget Modification Fiscal Impact: For the purpose of paying outstanding legal invoices Southold Town Meeting Agenda - February 2, 2010 Page 16 RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby Part Town 2009 budget as follows for the purpose of paying outstanding legal invoices: TO: B.1420.4.500.200 Town Attorney, Legal Counsel $2,084 FROM: B.1990.4.100.100 Unallocated Contingencies $2,084 ? Vote Record - Resolution RES-2010-136 ? 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 2010-137 CATEGORY: Budget Modification DEPARTMENT: Town Attorney Town Attorney Budget Modification Fiscal Impact: for the purpose of covering additional hours worked, office supplies and dues and subscriptions RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby Whole Town 2009 budget as follows : TO: A.1420.1.200.100 Town Attorney, Part-Time Regular Earnings $13,810 A.1420.4.100.100 Town Attorney, Office Supplies 134 A.1420.4.600.600 Town Attorney, Dues and Subscriptions 538 Total $14,428 FROM: A.1420.4.500.100 Town Attorney, Legal Counsel $13,810 A.1420.4.600.200 Town Attorney, Meetings and Seminars 672 Total $14,428 Southold Town Meeting Agenda - February 2, 2010 Page 17 ? Vote Record - Resolution RES-2010-137 ? 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 2010-138 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Solid Waste Management District NYSDEC HHW Contract WHEREAS , the State of New York provides financial aid for household hazardous waste programs; and WHEREAS the Town of Southold, herein called the MUNICIPALITY, has examined and duly considered the applicable laws of the State of New York and the MUNICIPALITY deems it to be in the public interest and benefit to file an application under these laws; and WHEREAS, it is necessary that a Contract by and between THE PEOPLE OF THE STATE OF NEW YORK, herein called the STATE, and the MUNICIPALITY be executed for such STATE Aid; NOW, THEREFORE, BE IT RESOLVED BY the Town Board of the Town of Southold: 1) That the filing of an application in the form required by the State of New York in conformity with the applicable laws of the State of New York including all understanding and assurances contained in said application is hereby authorized; 2) That Supervisor Scott A. Russell, or his designee is directed and authorized as the official representative of the MUNICIPALITY to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the STATE; 3) That the MUNICIPALITY agrees that it will fund the entire cost of said household hazardous waste program and will be reimbursed by the State for the State share of such costs; 4) That five (5) Certified Copies of this Resolution be prepared and sent to the NYSDEC together with a complete application; Southold Town Meeting Agenda - February 2, 2010 Page 18 5) That this Resolution shall take effect immediately. ? Vote Record - Resolution RES-2010-138 ? 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 2010-139 CATEGORY: Authorize to Bid DEPARTMENT: Public Works Peconic Community Center RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for a Request for Proposals for lead paint and asbestos remediation services, as part of the Peconic Community Center Renovation Project, as prepared by James Richter, RA< Office of the Town Engineer, dated February 2, 2010 ? Vote Record - Resolution RES-2010-139 ? 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 2010-140 CATEGORY: Employment - Town DEPARTMENT: Accounting Terminate Employment-Roger Richert WHEREAS Suffolk County Civil Service has determined that Roger Richert does not meet the minimum qualifications for the position of Electrical Inspector, now therefore be it RESOLVEDterminates the employment that the Town Board of the Town of Southold hereby of part-time Electrical Inspector Roger Richert effective immediately. Southold Town Meeting Agenda - February 2, 2010 Page 19 ? Vote Record - Resolution RES-2010-140 ? 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 2010-141 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Attend Training Seminar- SBC Donald Dzenkowski RESOLVED grants permission to that the Town Board of the Town of Southold hereby Senior Bay Constable Donald Dzenkowski to attend a Marine Accident Investigation Level I seminar in East Syracuse, New York from Monday, May 17 through Friday, May 21, 2010. All expenses for registration, lodging and meals will be paid directly by NYS Office of Parks, Recreation and Historic Preservation, Bureau of Marine Services. Travel to be by department vehicle. ? Vote Record - Resolution RES-2010-141 ? 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 2010-142 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification- PD Vacation and Sick Earnings Fiscal Impact: Covers payment of vacation and sick earnings of a retired police sergeant. RESOLVEDmodifies the 2010 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.1990.4.100.200 Contingent, Police Retirement Reserve $282,791 Southold Town Meeting Agenda - February 2, 2010 Page 20 To: A.3120.1.100.300 Police, P.S., Vacation Earnings $165,184 A.3120.1.100.400 Police, P.S., Sick Earnings 117,607 Total $282,791 ? Vote Record - Resolution RES-2010-142 ? 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 2010-143 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Attend Seminar- Chief Carlisle E. Cochran RESOLVED grants permission to Chief that the Town Board of the Town of Southold hereby of Police Carlisle E. Cochran, Jr. to attend a seminar on critical strategies for active shooter preparedness, response and recovery called Tranquility to Tragedy at West Point Military Academy, on Thursday, March 11, 2010. There is no registration cost. All expenses for lodging to be charged to the 2010 Police Training budget line. Travel to be by department vehicle. ? Vote Record - Resolution RES-2010-143 ? 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 2010-144 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the National Multiple Sclerosis Society to Use the Following Route for Its 2010 Bike MS Twin Forks Ride on September 11, 2010 Fiscal Impact: No Police Department costs are associated with this event Southold Town Meeting Agenda - February 2, 2010 Page 21 RESOLVEDgrants permission to The that the Town Board of the Town of Southold hereby National Multiple Sclerosis Society to use the following route for its 2010 Bike MS Twin Forks Ride on September 11, 2010 : east from town line on Route 48, to Mill Road, Soundview Avenue, Lighthouse Road, Old North Road, Youngs Avenue, Route 48, Route 25 to Orient Point, west on Route 25 to Front Street to Third Street and onto the ferry, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2010-144 ? 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 2010-145 CATEGORY: Bid Acceptance DEPARTMENT: Solid Waste Management District Waste Tire Disposal Bid RESOLVED accepts the Option # 1 bid that the Town Board of the Town of Southold hereby of S & M Tire Recycling, Inc. of Oceanside, NY to supply the town with waste tire removal and disposal services for calendar year 2010 in the amount of $ 1,250 per 100 cu-yd trailer load, all in accordance with the Town Attorney. ? Vote Record - Resolution RES-2010-145 ? 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 2010-146 CATEGORY: Grants DEPARTMENT: Town Clerk Southold Town Meeting Agenda - February 2, 2010 Page 22 2010-2011 LGRMIF GRANT Authorization RESOLVED amends resolution 2010- that the Town Board of the Town of Southold hereby 114, adopted at the January 19, 2010 regular Town Board meeting, to read as follows: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs 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, a GIS Geographical Information System User Needs Assessment, in the amount of for $36,400.00. ? Vote Record - Resolution RES-2010-146 ? 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 2010-147 CATEGORY: Attend Seminar DEPARTMENT: Fishers Island Ferry District FIFD Attend Seminar RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Fishers Island Ferry District Manager Thomas Doherty to attend the Annual Passenger Vessel Association meeting to be held in Tampa, FL from February 13, 2010 through February 16, 2010 with all expenses for registration, travel and lodging to be a legal charge against the 2010 Fishers Island Ferry District budget and not to exceed $1,900.00. ? Vote Record - Resolution RES-2010-147 ? 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 - February 2, 2010 Page 23 2010-148 CATEGORY: Budget Modification DEPARTMENT: Trustees CAC Budget Modification Fiscal Impact: Over-Expended Budget Line 2009 RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby Whole Town 2009 budget as follows: From: A.3610.4.500.300 Examining Boards, CAC $30 To: A.3610.4.600.300 Examining Boards, Travel Reimbursement $30 ? Vote Record - Resolution RES-2010-148 ? 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 2010-149 CATEGORY: Budget Modification DEPARTMENT: Town Attorney Town Attorney Budget Modification Fiscal Impact: Close out overexpended budget lines for 2009 for the purpose of covering additional hours worked, office supplies and dues and subscriptions RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby Whole Town 2009 budget as follows : TO: A.1420.1.200.100 Town Attorney, Part-Time Regular Earnings $13,810 A.1420.4.100.100 Town Attorney, Office Supplies 221 A.1420.4.600.600 Town Attorney, Dues and Subscriptions 538 Total $14,569 Southold Town Meeting Agenda - February 2, 2010 Page 24 FROM: A.1420.4.500.100 Town Attorney, Legal Counsel $13,810 A.1420.4.600.200 Town Attorney, Meetings and Seminars 759 Total $14,569 ? Vote Record - Resolution RES-2010-149 ? 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 2010-150 CATEGORY: Property Usage DEPARTMENT: Recreation Approve Use of Town Recreation Facilities RESOLVED that the Town Board of the Town of Southold does hereby grants permission to the Boy Scout Troop 51 to use Norman E. Klipp Park (Gull Pond) in Greenport on Saturday, February 20, 2010 for a Polar Bear Swim fundraising event. Applicant must file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as additional insured and have lifeguards and EMT personnel at the event. ? Vote Record - Resolution RES-2010-150 ? 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 2010-151 CATEGORY: Policies DEPARTMENT: Recreation Approve Recreation Department’s Refund Policy RESOLVED that the Town Board of the Town of Southold hereby approves the updated Recreation Department’s refund policy (as approved by the Parks, Beaches, and Recreation Southold Town Meeting Agenda - February 2, 2010 Page 25 Committee) as follows: REFUND POLICY Full refunds will be granted if a class or program is canceled due to insufficient enrollment or is canceled by the Recreation Department - no cancellation fee will be assessed. We cannot issue refunds for trips, special events, or ticketed events unless someone is on a waiting list for said event and we are able to fill your spot. If this occurs, a $5.00 cancellation fee will be assessed. A full refund will be issued if the registrant cancels their registration two or more weeks before a class or program, however, the $5.00 cancellation fee will be assessed to the participant per class or program. No refunds will be issued if the request is made two weeks or less before the start of a class or program. Refunds are not offered to registrants after the start of a class or program. Please note: If you do not show up for a program or class, we cannot give you credit and allow you to participate in the next session. You must register again and pay the full price. When requesting a refund, please provide us with your receipt number. Refunds will be mailed out approximately 2 - 4 weeks following the participant’s request and will be issued in the form of a check. If your class payment was made with a Visa or MasterCard, refunds will be credited back to the same credit card used at the time of registration. ? Vote Record - Resolution RES-2010-151 ? 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 2010-152 CATEGORY: Special Events DEPARTMENT: Recreation Use of Recreation Area - Southold School RESOLVEDgrants permission to that the Town Board of the Town of Southold hereby Southold High School to use Tasker Park, Cochran Park, and the Town’s tennis courts for high school baseball and softball games and tennis matches from March 19, 2010 through May 19, 2010 . There will be 11 softball games, 20 baseball games, and 12 tennis matches. Applicant must file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as additional insured before the first event. Southold Town Meeting Agenda - February 2, 2010 Page 26 ? Vote Record - Resolution RES-2010-152 ? 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 2010-153 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification- Bay Constable 2010 Ford Expedition Fiscal Impact: Budget modification necessary to appropriate additional funds to purchase a new vehicle due to a 2010 vehicle price increase. $570.00 is being taken from the radio equipment line and $1800.00 is being taken from the Light Bar Equipment line because it is being installed by the vendor. RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby Whole Town 2010 budget as follows: From: A.3130.2.400.150 Light Bar $1,800 A.3130.2.500.200 Radio Equipment 570 Total $2,370 To: A.3130.2.300.100 Automobiles/Light Trucks $2,370 Total $2,370 ? Vote Record - Resolution RES-2010-153 ? 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 2010-154 CATEGORY: Organizational DEPARTMENT: Town Clerk Town Clerk Elizabeth A. Neville is Designated to Act as an Alternate Delegate to 2010 Assoc. of Towns Southold Town Meeting Agenda - February 2, 2010 Page 27 Meeting RESOLVEDTown Clerk Elizabeth A. Neville is hereby designated to act as an that alternate delegate, at the 2010 Annual Meeting of the to cast the vote of the Town of Southold New York State Association of Towns, at New York City on February 17, 2010 in the absence of Supervisor Russell. ? Vote Record - Resolution RES-2010-154 ? 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 2010-155 CATEGORY: Advertise DEPARTMENT: Accounting Advertise for P/T Account Clerk RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for a part time Account Clerk for the Accounting Department. ? Vote Record - Resolution RES-2010-155 ? 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 2010-156 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint Leslie Tasca as the Historic Preservation Coordinator RESOLVEDappoints Leslie Tasca as that the Town Board of the Town of Southold hereby the Historic Preservation Coordinator for the Historic Preservation Commission, effective immediately, with a stipend of $4,000.00 per annum, said amount to be a legal charge to the Southold Town Meeting Agenda - February 2, 2010 Page 28 Historic Preservation Commission budget A.7520.1.200.100. ? Vote Record - Resolution RES-2010-156 ? 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 2010-157 CATEGORY: Organizational DEPARTMENT: Town Clerk Appoint Supervisor Scott Russell and Councilman Albert Krupski Jr. as Co-Liaisons to the Southold Town Conservation Advisory Council RESOLVEDappoints Supervisor Scott that the Town Board of the Town of Southold hereby Russell and Councilman Albert Krupski Jr. as co-liaisons to the Southold Town Conservation Advisory Council , effective immediately through December 31, 2010 ? Vote Record - Resolution RES-2010-157 ? 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 2010-158 CATEGORY: Legislation DEPARTMENT: Town Attorney LL/Amendments to Chapter 275 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 2nd day of February, 2010, a Local Law entitled relation to Amendments to Chapter 275, Wetlands and Shoreline” 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 the Southold Town Hall, 53095 Main Road, Southold, New York, on the Southold Town Meeting Agenda - February 2, 2010 Page 29 23rd day of March, 2010 at 7:35 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Amendments to Chapter 275, The proposed Local Law entitled, Wetlands and Shoreline” reads as follows: LOCAL LAW NO. 2010 “A Local Law in relation to Amendments to Chapter 275, Wetlands A Local Law entitled, and Shoreline” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose – In order to provide for the health, safety and welfare of the citizens of the Town of Southold, and to protect the natural protective areas existing within the Town, it is necessary to make certain amendments to Chapter 275. These amendments are intended to support the protection of environmental features within the Trustees’ jurisdiction, simplify the permit process, codify and clarify policies and strengthen enforcement. II. Chapter 275 of the Code of the Town of Southold is hereby amended as follows: ARTICLE 1 General Provisions § 275-4 Exceptions. [§ 275-4 A(1) through (3) and (5) through (11) – text remains the same.] A. The provisions of this chapter shall not require a permit for the following: (4) The ordinary and usual operations relative to residential horticulture within Trustees' jurisdiction provided they are limited to the use of noninvasive native species of vegetation. This exception does not include activity on a bluff. Re- grading and removal of trees are not considered such ordinary and usual operations. ARTICLE II Permits § 275-5 Permit procedures. Southold Town Meeting Agenda - February 2, 2010 Page 30 [§ 275-5 B(1), B(2)(a) through (f) and (h) through (p) – text remains the same.] B. Administrative permit. (2) The following operations will be considered for administrative review, in accordance with the standards set forth in § 275-11. The Board of Trustees may consider operations for administrative review other than those listed below if the operations fall within the definition as set forth in § 275-5 B(1) : (g) The demolition, removal, relocation, repair and/or upgrading of existing fuel tanks of less than 550 gallon capacity, fuel lines, fuel dispensers, cesspools, septic systems, or sanitary wastewater activities, including necessary site work, and provided that such activity will not have an undue adverse impact on the wetlands and tidal waters of the Town. (q) An application for proposed aquaculture activity that includes surface mounting gear in an area greater than five square yards. C. Emergency permits. The Trustees may issue a temporary emergency permit where specific exigent circumstances exist that may result in personal or property loss or damage. Upon expiration of temporary permit or before the date of expiration, the applicant must apply for a permit as set forth in §§ 275-5, 275-6 and 275-7. § 275-7 Fees. [§ 275-7 A through D and F – text remains the same.] E. Dock and float fee. Every application for a new dock or float shall include a fee equal to $3 per square foot of linear length for residential and commercial docks. Commercial docks are any structures that are rented, leased or otherwise used to generate income, including, but not limited to, those structures located on properties zoned M1 and M2. § 275-8 Processing of application. [§ 275-8 A through G – text remains the same.] H. Administrative permits. An administrative permit includes operations that are is deemed to have no adverse environmental impact on the wetlands and tidal waters of the Town, and a public hearing and notice are not required prior to issuance of a permit. The final decision will be made upon resolution. § 275-10 Contents of permit. Southold Town Meeting Agenda - February 2, 2010 Page 31 [§275-10 A through J and L – text remains the same.] K. A statement that "The permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Department of Real Properties Clerk’s Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within 90 calendar days of issuance of this permit." § 275-11 Construction and operation standards. [§ 275-11 A, B(1)(a) through (b) and (d) through (m) – text remains the same; §275-11 C(1), (2)(a)[1] through [8] and [10] through 13 – text remains the same.] B. Shoreline structures. (c) Bulkheads on the Sound must be armored with stone. C. In water. (2) Docks. (a)[9] All applicants for docks, including catwalks and ramps, extending across the foreshore shall be required to give and maintain a public passing way on the landward end of the dock, on the upland, not less than five feet in width, to enable persons to pass and repass around said dock or by steps or a ramp allowing pedestrian passage. § 275-12.1. Stop-work orders. A. The Bay Constable, Zoning Inspector, or Code Enforcement Officer is authorized to issue stop-work orders pursuant to this section. The Bay Constable, Zoning Inspector, or Code Enforcement Officer shall issue a stop-work order to halt: (1) Any work that is determined by the Bay Constable, Zoning Inspector, or Code Enforcement Officer to be contrary to any applicable provision of this chapter, or: (a) Any work that is being conducted in a dangerous or unsafe manner in the opinion of the Bay Constable, Zoning Inspector or Code Enforcement Officer, without regard to whether such work is or is not work for which a Trustee permit is required, and without regard to whether a Trustee permit has or has not been issued for such work; or [§275-12.1 A(1)(b) – text remains the same.] B. Stop-work orders shall: Southold Town Meeting Agenda - February 2, 2010 Page 32 (1) Be in writing; (2) Be dated and signed by the Bay Constable, Zoning Inspector, or Code Enforcement Officer; [§275-12.1 B(3) and (4) – text remains the same.] C. The Bay Constable, Zoning Inspector, or Code Enforcement Officer shall cause the stop- work order, or a copy thereof, to be served on the owner of the affected property, and if the owner is not the permit holder, on the permit holder, personally or by certified mail to the owner or permit holder and posting at the work site. The Bay Constable, Zoning Inspector, or Code Enforcement Officer shall be permitted, but not required, to cause the stop-work order, or a copy thereof, to be served on any or all of the following: builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the stop-work order, personally or by certified mail and posting; provided, however, that failure to serve any person listed above shall not affect the efficacy of the stop-work order. [§275-12.1 D and E – text remains the same.] ARTICLE III Administration and Enforcement § 275-15. Coordination and enforcement. The Director of Code Enforcement, Zoning Inspector, and/or the Bay Constable are responsible for coordination and enforcement of the provisions of this chapter. The Director of Code Enforcement, Zoning Inspector, and Bay Constables have the authority to issue violations of this chapter. § 275-16. Compliance requirements; penalties for offenses. A. It shall be unlawful for any carter, owner, occupant, builder, architect, contractor or their agents or any other person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Director of Code Enforcement, Zoning Inspector, or Bay Constable or to conduct any operation in a manner not in compliance with a permit issued pursuant to this chapter. B. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto, or failure to comply with a written notice or order of any Director of Code Enforcement, Zoning Inspector, or Bay Constable within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Director of Code Enforcement, Zoning Inspector, or Bay Constable shall be subject to the following fine Southold Town Meeting Agenda - February 2, 2010 Page 33 schedule. Each day on which such violation occurs may constitute a separate, additional offense. [§ 275-16 B (1) through (6) – text remains the same.] (7) Other offenses. For an offense against any of the provisions of this Chapter not specifically designated above, a violator shall be subject to a fine of not more than $1,000.00. 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 ? Vote Record - Resolution RES-2010-158 ? 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 2010-159 CATEGORY: Legislation DEPARTMENT: Town Attorney LL/Amendments to Chapter 275 to SCPC and PB RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to forward the proposed local law entitled “A Local Law in relation to Amendments to Chapter 275, Wetlands and Shoreline” to the Suffolk County Planning Commission and the Southold Town Planning Board for their review and recommendation. Southold Town Meeting Agenda - February 2, 2010 Page 34 ? Vote Record - Resolution RES-2010-159 ? 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 2010-160 CATEGORY: Advertise DEPARTMENT: Town Attorney Authorizes and Directs the Town Clerk to Advertise for a Request for Proposals for Asphalt Needed for a Public Works Project on Fishers Island Which Includes the Restoration and Reconstruction of Portions of Town Highways Located on Central Avenue, Oriental Avenue, and at the Post Office RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for a Request for Proposals for asphalt needed for a public works project on Fishers Island which includes the restoration and reconstruction of portions of Town highways located on Central Avenue, Oriental Avenue, and at the Post Office in accordance with specifications to be prepared by James Richter, R.A., Office of the Town Engineer, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-160 ? 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 2010-161 CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation Manor Grove SEQRA & Elect to Purchase Open Space WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of open space fee title on certain parcels of property from The Nature Conservancy, nd contract vendee for the properties owned by Manor Grove Corp. on the 2 day of February, 2010, at which time all interested parties were given the opportunity to be heard; and Southold Town Meeting Agenda - February 2, 2010 Page 35 WHEREAS, said property is identified as part of SCTM #1000-53.-1-1.3 and part of SCTM #1000-53.-1-1.2. The addresses are 650 Albertson Lane and 68775 Route 25, respectively, in Greenport. The properties are located in the R-80 and LB zoning districts at the northeasterly intersection of NYS Route 25 and Albertson Lane in Greenport, New York; and WHEREAS, the purchase comprises a part of the properties consisting of approximately 27.36± acres (subject to survey) of the total property area, which excludes from the purchase an area of approximately 0.72± acre which includes the existing residential building and 2 accessory barns, as well as an area of approximately 0.38± acre which is involved in a lot line modification. The exact area of the open space fee title purchase is subject to a survey acceptable to the Land Preservation Committee, the County of Suffolk, and The Nature Conservancy (contract vendee); and WHEREAS, 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 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 acquisitions costs associated with the purchase of these parcels; and WHEREAS, the properties are listed on the Town’s Community Preservation Project Plan as properties 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 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; and WHEREAS, the Land Preservation Coordinator has reviewed 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; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Southold Town Meeting Agenda - February 2, 2010 Page 36 Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (“LWRP”) and the LWRP Coordinator recommends that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire an open space fee title purchase; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase fee title on this open space land; and, WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase fee title to this open space land from The Nature Conservancy, contract vendee for the properties owned by Manor Grove Corp., identified as part of SCTM #1000-53.-1 1.3 and part of SCTM #1000-53.-1- 1.2. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Town Board determines that this action is consistent with the LWRP. ? Vote Record - Resolution RES-2010-161 ? 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 Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: Southold Town Meeting Agenda - February 2, 2010 Page 37 RESOLVEDbe and hereby is declared that this meeting of the Southold Town Board Recessed in order to hold a public hearing. 1. 4:35 p.m. - Manor Grove PH Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at __________ P.M. * * * * * Elizabeth A. Neville Southold Town Clerk