Loading...
HomeMy WebLinkAboutAG-07/27/2010 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 July 27, 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 July 27, 2010 at Meeting Hall, 53095 Route 25, Southold, NY. I. REPORTS 1. Board of Trustees June 2010 2. Special Projects Coordinator June 2010 3. Judge Louisa P. Evans June 2010 4. Island Group - Employees Health Care Plan 6/1/2009 - 5/31/2010 5. Judge William H. Price, Jr June 2010 6. Budget Report June 2010 7. Program for the Disabled June 2010 8. Judge Bruer Monthly Report June 2010 9. Recreation Dept Monthly Report June 2010 10. Town Clerk Monthly Report June 2010 11. Claim Lag Report 7/1/09 - 6/30/10 Southold Town Meeting Agenda - July 27, 2010 Page 2 II. PUBLIC NOTICES 1. Suffolk County Dept. of Planning Part A - Request for written comments on proposed Shellfish Aquaculture Lease Sites Part B - Suffolk county Aquaculture Lease Board Meetings 2. Dept of the Army Corps of Engineers Permit Application by Michael O’Donnell on Mud Creek, Cutchogue to remove rope and pulley system and construct a 4’ x’16 fixed dock extension with a 3’ x 20 L-section 3. NYS Liquor License Renewals Laurel Lake Vineyards, 3165 Main Rd., Laurel Joseph Paul Winery, 18910 Middle Rd., Cutchogue Southold Supermarkets, Inc., 54500 Main Rd., Southold Meson Ole, 133-135 Third St., Greenport North Fork Bowl Inc. d/b/a 4 Doors Down, Main Rd, Mattituck III. COMMUNICATIONS 1. SCPC Town of Riverhead Amend Home Occupation in Accessory Buildings 2. SCPC Town of Riverhead Bus-E Highway, Commercial/Service Zone IV. DISCUSSION 1. 9:00 A.M. - Kevin McAllister, Peconic Baykeeper Stormwater Runoff Concerns 2. 9:30 A.M. - John Cushman Budget Update 3. 10:00 A.M. - Don Fisher Railroad Museum of Long Island 4. 10:30 A.M. - Mark Terry Pipes Cove Phragmite Eradication Project 5. 10:45 A.M. - Heather Lanza, Phillip Beltz Coastal Resilience Hazard Planning Workshop 6. 11:00 A.M. - Jim McMahon Eagle Scout Project 7. Draft Policy Police Outside Work 8. Beach Stickers & Parking Issues 9. Resolution in Support of Continuing the GIS Program @ Stony Brook/Southampton 10. Schedule Code Committee Meeting 11. Bombara Coastal Erosion Management Permit Appeal 12. Local Law Night Fishing Permits 13. Local Law Chapter 83, Animals 14. Local Law Southold Town Meeting Agenda - July 27, 2010 Page 3 Regulating Exterior Lighting 15. EXECUTIVE SESSION - Labor Matters involving Employment/Work History of Particular Persons/s V. RESOLUTIONS 2010-541 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby July 27, 2010. ? Vote Record - Resolution RES-2010-541 ? 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 2010-542 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Meeting RESOLVED that the Town Board Meeting of the Southold Town Board be held, Wednesday, August 4, 2010 at Fishers Island, New York at 1:30 P. M.. ? Vote Record - Resolution RES-2010-542 ? 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 2010-543 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Southold Town Meeting Agenda - July 27, 2010 Page 4 Set Next Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, August 10, 2010 at the Southold Town Hall, Southold, New York at 7:30 P. M.. ? Vote Record - Resolution RES-2010-543 ? 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 2010-544 CATEGORY: Budget Modification DEPARTMENT: Accounting Establish a Capital Project in the 2010 Budget Fiscal Impact: The Town Board approved a capital request for an IBM server OS upgrade. Lloyd Reisenberg has three quotes and plans to go with the $8950.00 quote, plus contingencies for a total of $10,000. The Board approved $17940.00 for this project. WHEREAS the Town Board of the Town of Southold adopted a 2010 Capital Budget which includes a $17,940 appropriation for the IBM i520 Operating System Upgrade, and WHEREAS the Town’s Capital Budgeting process requires a resolution to formally establish a Capital Budget item in the Capital Fund, and WHEREAS the Central Data Processing Department has determined that the IBM i520 Operating System Upgrade can be accomplished at a cost that will not exceed $10,000, 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 : Capital Project Name I-series System Upgrade : Financing Method: Transfer from General Fund Whole Town Budget: Revenues: H.5031.10 Interfund Transfers $10,000 Appropriations: Southold Town Meeting Agenda - July 27, 2010 Page 5 H.1680.2.500.400 Central Data Processing Capital Outlay I-Series System Upgrade $10,000 ? Vote Record - Resolution RES-2010-544 ? 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 2010-545 CATEGORY: Budget Modification DEPARTMENT: Land Preservation Budget Mod Land Preservation Fiscal Impact: To transfer CPF funds to an over-extended budget line re: appraisals for development rights easements/open space properties RESOLVEDhereby modifies the 2010 that the Town Board of the Town of Southold Community Preservation Fund (2% tax) budget as follows: To: H3.8660.2.500.200 Appraisals $10,000 From: H3.8660.2.600.100 Land Acquisitions $10,000 ? Vote Record - Resolution RES-2010-545 ? 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 2010-546 CATEGORY: Budget Modification DEPARTMENT: Accounting Rescind Budget Modification for Computer Equipment Southold Town Meeting Agenda - July 27, 2010 Page 6 Fiscal Impact: The mother board on the Town Comptroller's laptop PC was inoperable, but a replacement was finally found and the PC has been repaired. RESOLVEDrescinds resolution no. that the Town Board of the Town of Southold hereby 2010-448 adopted at the regular meeting of the Southold Town Board on June 15, 2010, which read as follows: WHEREAS the computer assigned to the Town Comptroller needs to be replaced, and WHEREAS the Town Board of the Town of Southold adopted a 2010 Capital Budget which did not include computer equipment, now therefore be it RESOLVED modifies the 2010 General that the Town Board of the Town of Southold hereby Fund Whole Town Budget: as follows From: A.1990.4.100.100 Unallocated Contingencies $1,500 To: A.9901.9.000.100 Transfer to Capital Fund $1,500 and be it further RESOLVEDestablishes the following that the Town Board of the Town of Southold hereby Capital Project in the 2010 Capital Fund : Capital Project Name: Computer Equipment Financing Method: Transfer from General Fund Whole Town Budget: Revenues: H.5031.35 Personal Computers $1,500 Appropriations: H.1680.2.600.100 Central Data Processing Capital Outlay Workstations & Printers $1,500 ? Vote Record - Resolution RES-2010-546 ? 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 - July 27, 2010 Page 7 2010-547 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Energy Audit Fiscal Impact: Fund the LVI, Inc. energy audit. LVI engaged pursuant to Town Board resolution 2010-385 dated May 18, 2010 RESOLVEDmodifies the 2010 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $2,500 To: A.1620.4.500.400 Buildings & Grounds, C.E. Architects/Consultants $2,500 ? Vote Record - Resolution RES-2010-547 ? 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 2010-548 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to Group For the East End to Use the Beach at Goldsmith’s Inlet to Conduct a Children’s Ecology Program on Tuesday, August 24, 2010 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the use the beach at Goldsmith’s Inletto conduct a children’s ecology Group for the East End to program on Tuesday, August 24, 2010waive the parking from 9:00 am to 3:00 pm and regulations for four (4) vehicles on that date, provided they file with the Town Clerk a Certificate of Liability Insurance for one million dollars naming the Town of Southold as additional insured, and contact Captain Flatley of the Southold Town Police Department upon receipt of the approval of this resolution to discuss the parking. Southold Town Meeting Agenda - July 27, 2010 Page 8 ? Vote Record - Resolution RES-2010-548 ? 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 2010-549 CATEGORY: Property Usage DEPARTMENT: Recreation Approve Use of Town Recreation Facilities RESOLVEDgrants permission to that the Town Board of the Town of Southold hereby Bishop McGann-Mercy High School to use Strawberry Fields in Mattituck for Varsity and JV soccer practice from 3:00 p.m. to 6:00 p.m. on Mondays through Fridays and from 8:00 a.m. to Noon on Saturdays, commencing on September 7, 2010 through October 30, 2010 , subject to the payment of a fee to the Town in the sum of $150 per week during this time period and subject to the Applicant filing with the Town Clerk’s Office a One Million Dollar Certificate of Insurance naming the Town of Southold and the County of Suffolk as additional insured, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-549 ? 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 2010-550 CATEGORY: Refund DEPARTMENT: Town Clerk Authorize a Refund in the Amount of $600.00 to Susan Cebulski, Arthur Farnbach and Paul Farnbach, C/O En-Consultants RESOLVEDauthorizes a refund in the that the Town Board of the Town of Southold hereby amount of $600.00 to Susan Cebulski, Arthur Farnbach and Paul Farnbach, c/o En- Consultants, as the application before the Zoning Board of Appeals for a variance has been withdrawn. Southold Town Meeting Agenda - July 27, 2010 Page 9 ? Vote Record - Resolution RES-2010-550 ? 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 2010-551 CATEGORY: Letter of Credit DEPARTMENT: Town Clerk Release Letter of Credit: Oregon Landing I RESOLVED releases the following letter that the Town Board of the Town of Southold hereby of credit for the Oregon Landing I Major Subdivision: Letter of Credit No. 050602, dated June 2, 2005 issued by the Suffolk County National Bank in the amount of $164,245.00, as recommended by the Southold Town Planning Board and the Town Engineer, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-551 ? 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 2010-552 CATEGORY: Authorize to Bid DEPARTMENT: Town Clerk Advertise for FI Elizabeth Field Crack Repair II RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for the Crack Sealing Phase IIat Elizabeth Field Airport, Fishers Island in the Suffolk Times and the New London Day. Southold Town Meeting Agenda - July 27, 2010 Page 10 ? Vote Record - Resolution RES-2010-552 ? 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 2010-553 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Dredging Maintenance Agreement/Wickham Creek WHEREAS, the Town of Southold has requested the County of Suffolk to dredge a navigation channel in Wickham Creek, Town of Southold; and WHEREAS, the County of Suffolk proposed to do said dredging of Wickham Creek in the Town of Southold at a nominal cost to the Town of Southold; and WHEREAS, in order to accomplish said dredging, plans, specifications, agreements and other documents must be executed on behalf of the Town of Southold; and WHEREAS, this approval shall remain in effect for the period of the required permits and any renewals thereof; now, therefore, be it RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute all necessary plans and specifications, surplus material area agreements, assurances to the County of Suffolk , license and/or dredging permit applications to Federal and State Agencies and any and all other documents that may be required to accomplish said dredging work. ? Vote Record - Resolution RES-2010-553 ? 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 2010-554 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Southold Town Meeting Agenda - July 27, 2010 Page 11 Authorizes and Directs Supervisor Scott A. Russell to Enter into a 60-Month Lease Agreement Between the Town of Southold and IKON Office Solutions, Inc. RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to enter into a 60-month Lease Agreement between the Town of Southold and IKON Office Solutions, Inc. for a Canon MP 3351 copier for the Southold Town Police Department, at a monthly cost of $240.00 pursuant to the New York State contract price, all in accordance with the approval of the Town Attorney, Budget line A.1670.2.200.500. ? Vote Record - Resolution RES-2010-554 ? 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 2010-555 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement Between the Town of Southold and NY Party Works in Connection with the Equipment Rental in an Amount Not to Exceed $1,095.00 for the Town of Southold Youth Bureau’s Family Movie Night to be Held on August 20, 2010 RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and NY Party Works in connection with the equipment rental in an amount not to exceed $1,095.00 for the Town of Southold Youth Bureau’s Family Movie Night to be held on August 20, 2010 , subject to the approval of the Town Attorney, Budget Line A.7310.4.600.100. ? Vote Record - Resolution RES-2010-555 ? 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 2010-556 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Southold Town Meeting Agenda - July 27, 2010 Page 12 Authorizes and Directs Supervisor Scott A. Russell to Execute the Services Agreement and Statement of Work Between the Town of Southold and SPS VAR, L.L.C. in Connection with Upgrading Three Server Operating Systems RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Services Agreement and Statement of Work between the Town of Southold and SPS VAR, L.L.C. in connection with upgrading three server operating systems , at a cost not to exceed $1,200.00 for travel and living expenses, and a fixed cost of $7,750.00, subject to the approval of the Town Attorney, Budget Line A.1680.2.500.400. ? Vote Record - Resolution RES-2010-556 ? 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 2010-557 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Amendment of Agreement Between the Town of Southold and the Suffolk County Office for the Aging for Community Services for the Elderly Residential Repair Program authorizes and directs RESOLVED that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Amendment of Agreement between the Town of Southold and the Suffolk County Office for the Aging for community services for the Elderly Residential Repair Program regarding a one year extension for the period April 1, 2010 through March 31, 2011, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-557 ? 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 2010-558 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Southold Town Meeting Agenda - July 27, 2010 Page 13 Authorizes and Directs Supervisor Scott A. Russell to Execute an Agreement with the County of Suffolk, Office of Community Development RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Agreement with the County of Suffolk, Office of Community Development , in connection with the 2010 Community Development Block Grant Program in an amount of $130,000, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-558 ? 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 2010-559 CATEGORY: Bid Acceptance DEPARTMENT: Town Attorney Accept Bid Corazzini Asphalt/FI Road Project RESOLVEDaccepts the bid of that the Town Board of the Town of Southold hereby Corazzini Asphalt Inc. for the amount of $867,065 for the Fishers Island Road and Stormwater Improvement Project. ? Vote Record - Resolution RES-2010-559 ? 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 2010-560 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Agreement Between the Town of Southold and Corazzini Asphalt Inc. to Provide Asphalt and Drainage in Connection with the Fishers Island Road and Stormwater Improvement Project Southold Town Meeting Agenda - July 27, 2010 Page 14 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 Corazzini Asphalt Inc. to provide road improvement asphalt and drainage services in connection with the Fishers Island Road and Stormwater Improvement Project, at a cost of $867,065, subject to the approval of the Town Attorney, Budget Line H.5110.2.400.200. ? Vote Record - Resolution RES-2010-560 ? 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 2010-561 CATEGORY: Committee Resignation DEPARTMENT: Town Clerk Release Leslie Tasca as the Historic Preservation Coordinator RESOLVEDreleases Leslie Tasca from that the Town Board of the Town of Southold hereby the position of Historic Preservation Coordinator for the Historic Preservation Commission, effective immediately, per Civil Service regulations. ? Vote Record - Resolution RES-2010-561 ? 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 2010-562 CATEGORY: Budget Modification DEPARTMENT: Public Works Silversmith Corner Gazebo Fiscal Impact: Donation RESOLVEDmodifies the that the Town Board of the Town of Southold hereby Building & Grounds, Property Maintenance budget as follows: Southold Town Meeting Agenda - July 27, 2010 Page 15 Increase Revenues A.2705.40 Gifts and Donations, Other Donations $9,500 Increase Appropriations A.1620.4.400.200 Building & Grounds, C.E., Property Maintenance/Repairs $9,500 ? Vote Record - Resolution RES-2010-562 ? 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 2010-563 CATEGORY: Misc. Public Hearing DEPARTMENT: Town Attorney Bombara CEM Appeal PH RESOLVEDsets September 7, 2010 at 9:00 that the Town Board of the Town of Southold AM in the Town Meeting Hall, 53095 Main Road, Southold, New York 11971, as the time continue and place to the public hearing on the Coastal Erosion Hazard Board of Review Appeal of Robert G. Bombara, relating to an amended application proposing a new single- family dwelling, garage and swimming pool proposed to be located at 1725 North Sea Drive, Southold, SCTM #1000-54-4-19 , and directs the Town Clerk to publish notice of such appeal in The Suffolk Times not less than ten (10) days nor more than thirty (30) days prior to such hearing and to notify the applicant by first class mail. ? Vote Record - Resolution RES-2010-563 ? 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 2010-564 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District CBI Grinder Budget Mod Southold Town Meeting Agenda - July 27, 2010 Page 16 Fiscal Impact: Provide funds for expected grinder parts needs through end of year. RESOLVEDmodifies the that the Town Board of the Town of Southold hereby 2010 Solid Waste Management District budget as follows: From: SR 8160.4.400.840 Hazardous Waste Removal $4,000 To: SR 8160.4.100.596 Maint/Supply CBI Grinder $4,000 ? Vote Record - Resolution RES-2010-564 ? 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 2010-565 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the New Suffolk Waterfront Fund and the Peconic Land Trust to To Use Certain Town Roads in New Suffolk for Its 5K Run/Walk in New Suffolk, on August 14, 2010 Beginning at 9:00 AM Fiscal Impact: Estimated Police Department cost for event is $251.20 if the roads need to be closed. RESOLVEDgrants permission to The that the Town Board of the Town of Southold hereby New Suffolk Waterfront Fund and the Peconic Land Trust to to use the following town roads for its 5K Run/Walk in New Suffolk, on August 14, 2010 beginning at 9:00 a.m , provided they file with the Town Clerk a $100 fee, a $250 Clean-up Deposit fee, and 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 st control: New Suffolk Road, New Suffolk Avenue, Main Street, Orchard Street, 1 Street and Grathwohl Avenue. Southold Town Meeting Agenda - July 27, 2010 Page 17 ? Vote Record - Resolution RES-2010-565 ? 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 THIS RESOLUTION IS TO BE TABLED: 2010-566 CATEGORY: Appeals DEPARTMENT: Town Attorney Adopts the Findings and Determination of the Appeal of Claudia and Julien Ramone of the Landmark Preservation Commissions’ Denial of Certificate of Appropriateness Dated June 7, 2010 RESOLVEDadopts the Findings and that the Town Board of the Town of Southold hereby Determination of the Appeal of Claudia and Julien Ramone of the Landmark Preservation Commissions’ Denial of Certificate of Appropriateness dated June 7, 2010 . ? Vote Record - Resolution RES-2010-566 ? 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 2010-567 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Agreement Between the Town of Southold and Cashin Associates, P.C. 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 Cashin Associates, P.C. to provide construction management services in connection with the Fishers Island Road and Stormwater Improvement Project, in accordance with their Proposal dated June 7, 2010, at a cost not to exceed $87,500, subject to the approval of the Town Attorney, Budget Line H.5110.2.400.200. Southold Town Meeting Agenda - July 27, 2010 Page 18 ? Vote Record - Resolution RES-2010-567 ? 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 2010-568 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bid for Used PD Vehicles RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Donald Grim, PO Box 300, Cutchogue, NY in the total amount of $693.00 for three (3) used Police vehicles, all in accordance with the Town Attorney. 2003 FORD Crown Victoria - color Gray - VIN 109519 - 107,309 miles $231.00 2005 FORD Crown Victoria - color White - VIN 126760 - 112,450 miles 231.00 2005 FORD Crown Victoria - color White - VIN 26763 - 122,125 miles 231.00 ? Vote Record - Resolution RES-2010-568 ? 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 THIS RESOLUTION IS TO BE TABLED: 2010-569 CATEGORY: Employment - Town DEPARTMENT: Accounting Accept the Intent to Retire of Joseph C Blados RESOLVEDaccepts the intent to retire that the Town Board of the Town of Southold hereby of Joseph C Blados from the position of a Maintenance Mechanic III for the Highway Department, effective August 13, 2010. Southold Town Meeting Agenda - July 27, 2010 Page 19 ? Vote Record - Resolution RES-2010-569 ? 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 2010-570 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Douglas Moore Memorial Concert 2010 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Douglas Moore Memorial Music Festival to close Case’s Lane adjacent to the Village Green, for its Annual Concert on the Cutchogue Village Green, on Saturday, August 14, 2010, from 5:00 PM to 10:00 PM 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 immediately to coordinate traffic control. ? Vote Record - Resolution RES-2010-570 ? 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 2010-571 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Pump-Out Boat Grant Fiscal Impact: Reclassify Pump Out Boat Grants to Federal Aid (not State Aid) RESOLVEDmodifies the 2010 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.3089.85 State Aid, Pump-Out Boat Grant $10,000 Southold Town Meeting Agenda - July 27, 2010 Page 20 To: A.4997.10 Federal Aid, Pump-Out Boat Grant $10,000 ? Vote Record - Resolution RES-2010-571 ? 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 2010-572 CATEGORY: Employment - Town DEPARTMENT: Accounting Accepts Retirement of PO Todd W. Johnson RESOLVEDacknowledges the that the Town Board of the Town of Southold hereby retirement of Todd W. Johnson from the position of Police Officer in the Southold Town Police Department , effective July 22, 2010. ? Vote Record - Resolution RES-2010-572 ? 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 2010-573 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoint Kevin Kapfer Part Time Deckhand WHEREAS the Board of Commissioners of the Fishers Island Ferry Districtadopted a resolution at their July 21, 2010 monthly meeting to hire a year round part time deckhand Kevin Kapfer of Norwich, CT effective August 5, 2010 and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVEDappoints Kevin Kapfer to that the Town Board of the Town of Southold hereby Southold Town Meeting Agenda - July 27, 2010 Page 21 the position of a year round part time deckhand for the Fishers Island Ferry District , effective August 5, 2010 at a rate of $9.50 per hour. ? Vote Record - Resolution RES-2010-573 ? 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 2010-574 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Appoint James G. Traub Part Time Deckhand WHEREAS the Board of Commissioners of the Fishers Island Ferry Districtadopted a resolution at their July 21, 2010 monthly meeting to hire a year round part time deckhand James G. Traub effective August 5, 2010 and WHEREAS the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVEDappoints James G. Traub that the Town Board of the Town of Southold hereby to the position of a year round part time deckhand for the Fishers Island Ferry District , effective August 5, 2010 at a rate of $11.00 per hour. ? Vote Record - Resolution RES-2010-574 ? 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 2010-575 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification Health Plan Reinsurance Fiscal Impact: Southold Town Meeting Agenda - July 27, 2010 Page 22 Increase appropriation for the stop-loss policies for the Town's self-insured medical program. RESOLVEDmodifies the 2010 Town of that the Town Board of the Town of Southold hereby Southold Employee Health Plan budget as follows: From: MS.9060.8.000.000 Medical Benefits, C.E. $30,000 To: MS.1910.4.000.000 Insurance, C.E. $30,000 ? Vote Record - Resolution RES-2010-575 ? 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 2010-576 CATEGORY: Grants DEPARTMENT: Public Works Bittner Preserve RESOLVEDhereby grants permission to Alex that the Town Board of the Town of Southold Goerler (Boy Scouts of America, Eagle Scout Candidate) to plant beach grass at the Bittner Preserve, 4305 Sound View Avenue, Southold, as part of the Bittner Preserve Demolition and Site Restoration Project, funded by a grant from the NYS Department of State, subject to the approval of the Southold Land Preservation Committee. ? Vote Record - Resolution RES-2010-576 ? 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 2010-577 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Pump Equipment Southold Town Meeting Agenda - July 27, 2010 Page 23 Fiscal Impact: Reallocate emergency appropriation for pumping equipment purchased rather than rented RESOLVEDmodifies the 2010 Highway that the Town Board of the Town of Southold hereby Fund Part Town budget as follows: From: DB.5130.4.400.300 Machinery, Equipment Rentals $13,665 To: DB.5130.2.500.200 Machinery, Pumping Equipment $13,665 ? Vote Record - Resolution RES-2010-577 ? 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 THIS RESOLUTION IS TO BE TABLED: 2010-578 CATEGORY: Property Usage DEPARTMENT: Recreation Use of Town Property RESOLVEDgrants permission to that the Town Board of the Town of Southold hereby Southold High School to use 6 tennis courts at Tasker & Jean Cochran parks for varsity matches for a total of 14 days beginning September 13 and ending on October 14, dates to be coordinated with the Southold Town Recreation Department. The applicant must file with the Town Clerk’s Office a One Million Dollar Certificate of Insurance naming the Town of Southold as additional insured, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-578 ? 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 - July 27, 2010 Page 24 2010-579 CATEGORY: Retirement/Resignation DEPARTMENT: Town Clerk Retirement Resolution for Elected Officials RESOLVED amends that the Town Board of the Town of Southold hereby resolution 2010- 466, adopted at the June 29, 2010, regular Town Board meeting, to read as follows: WHEREAS, the State of New York has set additional reporting requirements in Section 315.4 of the New York Codes, Rules and Regulations which requires all elected and appointed officials whose terms start on or after August 12, 2009, who are members of the New York State and Local Retirement System and who do not participate in their employer’s time keeping system to prepare a log of their work-related activities for three consecutive months and submit their logs to the clerk or secretary of the governing board within 150 days of the start of their term; Now Therefore, be it RESOLVED that the Town Board of the Town of Southold hereby establishes the following as standard workdays for elected and appointed officials and will report the following days worked to the New York State and the Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Title Name Standard Term Participates in Days/Month (based on Work Begins/ Ends Employer's Time Record of Activities) Day Keeping System (Hrs/day (Y/N) Elected Officials Town Clerk Elizabeth A. 7 1/1/2010 - N 28.96 Neville 12/31/13 Highway Supt Peter Harris 8 1/1/10 N 25.77 12/31/13 Town Justice William H. Price, 6 1/1/10- N 17.74 Jr. 12/31/13 15.69 Town Board Albert J. Krupski, 6 1/1/10 N 5.31 Jr. 12/31/13 Town Board Christopher 6 1/1/10 N 13.72 Talbot 12/31/13 Justice Louisa P. Evans 6 1/1/10 N 19.86 12/31/13 Assessor Robert Scott, Jr. 7 1/1/2013 N 24.57 12/31/13 Assessor Kevin J. Webster 7 1/1/10 N 20.93 12/31/13 Town Trustee Jill Doherty 6 1/1/10 N 6.70 12/31/13 Town Trustee Dave Bergen 6 1/1/10 N 6.06 Southold Town Meeting Agenda - July 27, 2010 Page 25 12/31/13 Town Trustee John M. 6 1/1/2010 N 4.13 Bredemeyer 12/31/13 Zoning Board James Dinizio 1/1/2010 N 5.75 12/31/14 BE IT FURTHER RESOLVED, that said standard is being established to meet the accounting requirements of the New York State Employees Retirement System for calculation of retirement benefits, and BE IT FURTHER RESOLVED, that the Town Clerk be and she hereby is authorized to send a certified copy of this resolution to the New York State Employees Retirement System. 1, Elizabeth A. Neville, Town Clerk of the governing board of the Town of Southold of the State of New York, do hereby certify that I have compared the foregoing with the original th resolution passed by such board, at a legally convened meeting held on the 29 day of June, 2010 on file as part of the minutes of such meeting, and that the same is a true copy thereof and the whole of such original. I further certify that the full board, consists of seven (7) members, and the six (6) of such members were present at such meeting and that six (6) of such members voted in favor of the above resolution. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town of Southold, th on this 30 day of June, 2010. S E A L ___________________________________________ Elizabeth A. Neville Town Clerk Town of Southold certified copy of this resolution to the New York State Employees Retirement System. ? Vote Record - Resolution RES-2010-579 ? 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 2010-580 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk Southold Town Meeting Agenda - July 27, 2010 Page 26 PH 8/10/10 7:35 Pm - Night Fishing WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in County, New York, on the 27 day of July, 2010, a Local Law entitled relation to Amendments to Chapters 189 and 260 in connection with Night Fishing Parking Permits. 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 th 10 day of August, 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 Chapters 189 The proposed Local Law entitled, and 260 in connection with Night Fishing Parking Permits” reads as follows: LOCAL LAW NO. 2010 “A Local Law in relation to Amendments to Chapters 189 and 260 in A Local Law entitled, connection with Night Fishing Parking Permits” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To create an exception to parking restrictions for fishermen and shell fishermen that are residents, guests of residents or lessees of the Town allowing parking access to beaches, creeks, and waters within the Town between the hours of 10:00 p.m. and 6:00 a.m. with a proper permit and to relocate the applicable provision for parking at beaches from the Vehicle and Traffic Code (Chapter 260) to the Parking Code (Chapter 189). II. Chapter 189 of the Code of the Town of Southold is hereby amended as follows: § 189-2. Designation of parking areas requiring permits. G. The parking of vehicles is hereby prohibited between the hours of 10:00 p.m. to 6:00 a.m. in all of the beach parking areas designated in §189-2A. § 189-3. Parking permits. Parking permits for parking vehicles in the parking areas designated in §189-2 of this article shall be issued as follows: G. Night fishing parking permit. For the purpose of ensuring fishermen and shell fishermen parking access to the beaches, creeks and waters within the Town of Southold when such parking access is normally closed (10:00 p.m. to 6:00 a.m.), the following exception to §189-2G is hereby created: [Added 6-8-1999 by L.L. No. 4-1999] Southold Town Meeting Agenda - July 27, 2010 Page 27 (1) Night fishing parking permit. A night fishing parking permit shall be issued by the Town Clerk or a person designated by the Town Clerk to all persons who hold a resident, lessee or guest parking permit. (2) Any motor vehicle having a night fishing parking permit shall be deemed not to be in violation of §189-2G or §189-3G and where both the night fishing permit and the resident, lessee or guest parking permit are properly displayed. (3) The following rules and regulations apply: (a) At the time a motor vehicle with a night fishing permit is parked at a location during a time in which parking is normally prohibited by §189- 2G and §189-3G, the occupants of the vehicle must have fishing equipment and be actively engaged in fishing. The permit is nontransferable and valid only for vehicles bearing the license plate number on the permit. (b) Fees. There shall be no annual fee for night fishing permits. (c) Duration of permits. All night fishing permits provided for in this section shall expire at the same time as the resident, lessee or guest parking permit. (4) Other regulations. Persons using parking areas pursuant to the provisions of this section shall comply with all other laws, ordinances, rules, regulations and restrictions thereto. III. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: § 260-9. Parking prohibited during certain hours. B. The parking of vehicles is hereby prohibited between the hours of 10:00 p.m. to 6:00 a.m. in all of the beach parking areas designated in § 189-2A. C. Night fishing permit. For the purpose of ensuring fishermen and shell fishermen parking access to the beaches, creeks and waters within the Town of Southold when such parking access is normally closed (10:00 p.m. to 6:00 a.m.), the following exception to § 260-9A and B is hereby created: [Added 6-8-1999 by L.L. No. 4-1999] (1) Night fishing permit. A night fishing parking permit shall be issued by the Town Clerk or a person designated by the Town Clerk to all persons who hold a resident parking permit or lease parking permit. (2) Any motor vehicle having a night fishing permit shall be deemed not to be in violation of § 260-9A and B where both the night fishing permit and the resident or lease parking permit are properly displayed. (3) The following rules and regulations apply: (a) At the time a motor vehicle with a night fishing permit is parked at a location during a time in which parking is normally prohibited by § 260- 9A and B, the occupants of the vehicle must have fishing equipment and be actively engaged in fishing. The permit is nontransferable and valid only for vehicles bearing the license plate number on the permit. (b) Fees. There shall be no annual fee for this permit. (c) Duration of permits. All annual night fishing permits provided for in this Southold Town Meeting Agenda - July 27, 2010 Page 28 section shall expire on December 31 of the year issued. (4) Other regulations. Persons using parking areas pursuant to the provisions of this section shall comply with all other laws, ordinances, rules, regulations and restrictions thereto. IV. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. V.EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2010-580 ? 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 2010-581 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk PH 8/24/10 4:35 - RIP Part A WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law to Adopt County, New York, on the 27 day of July, 2010, a Local Law entitled the 2010 Retirement Incentive Program, Part A”. 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 th 24 day of August, 2010 at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law to Adopt the 2010 Retirement Incentive The proposed Local Law entitled, Program, Part A” reads as follows: LOCAL LAW NO. 2010 Southold Town Meeting Agenda - July 27, 2010 Page 29 “A Local Law to Adopt the 2010 Retirement Incentive Program, Part A Local Law entitled, A” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. This local law is being enacted in accordance with §10 of the Municipal Home Rule Law and pursuant to Chapter 105 of the Laws of 2010 for the purpose of making the 2010 Retirement Incentive Part A available to employees of the Town of Southold. II.Part A - Chapter 105, Laws of 2010. 1. The Town of Southold hereby elects to provide all of its eligible employees with a Retirement Incentive Program authorized by Chapter 105, Laws of 2010. 2. The commencement date of the Retirement Incentive Program shall be September 1, 2010. 3. The open period during which eligible employees may retire and receive the additional retirement benefits shall be 45 days in length. 4. The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this Local Law shall be paid as one lump sum, or in five annual installments. The amount of the annual payment shall be determined by the Actuary of the New York State and Local Employees’ Retirement System, and it shall be paid by the Town of Southold for each employee who receives the retirement benefits payable under this Local Law. 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-2010-581 ? 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 - July 27, 2010 Page 30 2010-582 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk Ph Ll 8/10/10 7:35 P.M., Retire Part B WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law to Adopt County, New York, on the 27 day of July, 2010, a Local Law entitled the 2010 Retirement Incentive Program, Part B”. 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 th 24day of August, 2010 at 4:40 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law to Adopt the 2010 Retirement Incentive The proposed Local Law entitled, Program, Part B” reads as follows: LOCAL LAW NO. 2010 “A Local Law to Adopt the 2010 Retirement Incentive Program, Part A Local Law entitled, B” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. This local law is being enacted in accordance with §10 of the Municipal Home Rule Law and pursuant to Chapter 105 of the Laws of 2010 for the purpose of making the 2010 Retirement Incentive Part B available to employees of the Town of Southold. II.Part B - Chapter 105, Laws of 2010. 1. The Town of Southold hereby elects to provide all of its eligible employees with a Retirement Incentive Program authorized by Chapter 105, Laws of 2010. 2. The commencement date of the Retirement Incentive Program shall be October 1, 2010. 3. The open period during which eligible employees may retire and receive the additional retirement benefits shall be 90 days in length and shall end on December 29, 2010. 4. The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this Local Law shall be paid as one lump sum, or in five annual installments. The amount of the annual payment shall be determined by the Actuary of the New York State and Local Employees’ Retirement System, and it shall be paid by the Town of Southold for each employee who receives the Southold Town Meeting Agenda - July 27, 2010 Page 31 retirement benefits payable under this Local Law. 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-2010-582 ? 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 2010-583 CATEGORY: Support/Non-Support Resolution DEPARTMENT: Town Clerk GIS at Stony Brook WHEREAS the Geographic Information System (GIS) program at Stony Brook University’s Southampton campus was designed to provide Educational, Data, Research, and Consultative Services to the public and private sector entities within New York State, and WHEREAS the GIS Program also was intended to help satisfy the State University of New York's mission to provide its students with opportunities to obtain an excellent higher education and the associated skills necessary to compete in the marketplace, and WHEREAS Long Island's towns and villages would benefit from access to the GIS Program for various Educational Services, Data Services, and Research and Consultative Services, and WHEREAS the closure of the Stony Brook Southampton Campus has put the long-term future of the GIS Program into question, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby supports the continuance of the GIS Program on the main campus of Stony Brook University and the continuance of a satellite presence of the Program at Stony Brook University’s Southampton campus. Southold Town Meeting Agenda - July 27, 2010 Page 32 ? Vote Record - Resolution RES-2010-583 ? 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 2010-584 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA LL Exterior Lighting RESOLVED“A that the Town Board of the Town of Southold hereby finds that the proposed Local Law in Relation to Regulating Exterior Lighting” 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 July 26, 2010, 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-2010-584 ? 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 2010-585 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA LL Chapter 83, Animals RESOLVED“A that the Town Board of the Town of Southold hereby finds that the proposed Local Law in Relation to Amendments to Chapter 783, Animals” 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 July 26, 2010, and is consistent with the LWRP pursuant Southold Town Meeting Agenda - July 27, 2010 Page 33 to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. ? Vote Record - Resolution RES-2010-585 ? 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 2010-586 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Exterior Lighting WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in County, New York, on the 29th day of June 2010, a Local Law entitled relation to Regulating Exterior Lighting” and WHEREAS that the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, Now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local “A Local Law in relation to Regulating Exterior Lighting” Law entitled, reads as follows: LOCAL LAW NO. 5 OF 2010 “A Local Law in relation to Regulating Exterior Lighting”. A Local Law entitled, BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The provisions of this chapter are intended to control and regulate exterior lighting throughout the Town of Southold; eliminate unsafe glare that contributes to accidents by hindering visibility; promote more cost-effective lighting fixtures that are more energy efficient and conserves natural resources; protect landowners from the intrusive effects of glare and light trespass; preserve the rural character of the Town; protect the health and habitat of flora and fauna; and restore and maintain the natural beauty of the night sky. Excessive, unshielded and/or poorly directed exterior lighting causes light pollution and has many adverse effects. Light pollution detracts from the rural qualities of the Town and environs and results in an increasingly suburban and overdeveloped appearance at night. Glare associated with such lighting is hazardous for drivers and pedestrians on the Town’s roads, interferes with the privacy of Southold Town Meeting Agenda - July 27, 2010 Page 34 residents, wastes energy and creates skyglow that reduces visibility of the stars in the night sky and diminishes appreciation for the natural nocturnal environment. This chapter takes proper account of the legitimate uses of lighting while providing guidance and direction for the citizens of the Town. II. A new Chapter 136 of the Code of the Town of Southold is hereby adopted as follows: §136- 1. Title. This chapter shall be known as the “Exterior Lighting Law.” §136-2. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster’s Third International Dictionary of the English Language, unabridged (or latest editions): AREA LIGHT - A luminaire designed for illumination of a broad area. Area lights include, but are not limited to, streetlights, parking lot lights and yard lights over 1,800 lumens. ESSENTIAL LIGHTING - Light that is used for a specified period of time, which is necessary for location identification, safety, security or public circulation purposes. EXCESSIVE LIGHTING - Illuminance levels beyond that which is required for safety, as recommended in IESNA Recommended Practices, or higher than 5 footcandles on any lit surface unless a higher level is indicated on the Table of Limits of Illumination Levels. EXTERIOR LIGHTING - lighting that is mounted, located, lamped or used, whether inside or outside, to illuminate outdoor features. For the purposes of this chapter, lighting which is installed indoors but which is intended to illuminate an area outdoors shall be considered exterior lighting. FIXTURE - The complete lighting assembly (including but not limited to the lamp, housing, ballast, timers, photocells, reflectors, cover glass, lenses, louvers, and shields), including the support assembly (pole or mounting bracket). For purposes of determining total light output from a light fixture, lighting assemblies which may include multiple lamps shall be considered as a single fixture. Also referred to as a “luminaire.” FOOTCANDLE (“FC”) - The basic unit of illuminance (the amount of light falling on a surface). Footcandle measurement is taken with a light meter. One footcandle is approximately equal to the illuminance produced by a light source of one candela in intensity, measured on a surface at a one foot distance from the source. Horizontal footcandles measure the illumination striking a horizontal plane. Footcandle values can be measured directly with certain handheld incident light meters. Southold Town Meeting Agenda - July 27, 2010 Page 35 FULL CUTOFF (“FCO”) - A classification for a luminaire designed and installed where no light is emitted at or above a horizontal plane running through the lowest point on the luminaire. In addition, the luminous intensity (as measured in candelas) emitted at any angle from 80º up to 90º cannot exceed a numerical value equal to 10% of the lumen rating of the lamp, as reported in a photometric report from the manufacturer. A cutoff, or semi-cutoff design, allows a restricted amount of light emitted above the horizontal and a non-cutoff provides no restriction against light emitted above the horizontal. FULLY SHIELDED - A luminaire constructed and installed in such a manner that all light emitted by it, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal. It is the same as a full cutoff luminaire but without any restrictions on light distribution below the horizontal plane, and it can be identified without a manufacturer's report. GLARE - Unshielded light from a light source that may result in nuisance or annoyance, discomfort or visual disability. HOLIDAY LIGHTING - Temporary lights installed on a residential property which are installed in connection with holiday or religious observances between Thanksgiving and the following January 15. - ILLUMINANCE The density of light falling on any point of a surface, usually measured in footcandles in the United States. See "footcandles." - IESNA Illuminating Engineering Society of North America (IES or IESNA), an organization that establishes updated standards and illumination guidelines for the lighting industry. - IESNA RECOMMENDED PRACTICES The most current publications of the IESNA setting forth illuminance levels for different task areas, e.g., walkways, streets, sports lights, etc. LAMP - The source of artificial light as distinguished from the fixture. LANDSCAPE LIGHTING - Lighting which is positioned and aimed to illuminate foliage, driveways, walkways, patios, decks and other exterior pedestrian areas, whether or not mounted on a structure. LIGHTING - Light fixture or light source, or the effect of light, and all apparatus and wiring to power artificial light. LIGHT POLLUTION - Any and all nuisances caused by the adverse effect of man-made light, including but not limited to glare, light trespass, skyglow, visual clutter, and wasted energy due to excessive or unnecessary lighting; or artificial light that unnecessarily diminishes the ability to Southold Town Meeting Agenda - July 27, 2010 Page 36 view the night sky or is disruptive to flora and fauna. LIGHT SOURCE - The light-emitting part or parts of a fixture, consisting of the lamp or lamps and any transparent or translucent covering over the lamp, as well as any refractors, reflectors, prismatic lenses, mirrors, or diffusers which emit or transmit light. LIGHT TRESPASS - Light projected across property lines or into the public right of way when it is not required or permitted to do so. LUMEN - A unit used to measure the amount of light that is produced by a light source. The lumen quantifies the amount of light energy produced by a lamp at the lamp, not by the energy input, which is indicated by the wattage. - LUMINAIRE The complete lighting assembly (including the lamp, housing, ballasts, photocells, reflectors, lenses and shields), less the support assembly (pole or mounting bracket); a light fixture. For purposes of determining total light output from a luminaire or light fixture, lighting assemblies which include multiple unshielded or partially shielded lamps on a single pole or standard shall be considered as a single unit. MOUNTING HEIGHT - The vertical distance of the light source from natural grade. NONESSENTIAL EXTERIOR LIGHTING - Lighting which is unnecessary for pedestrian passage and not generally useful (e.g., decorative and landscape lighting). This includes lighting intended for a specific task or purpose when said task or purpose is not being actively performed (e.g., parking lot illumination and wall-mounted perimeter lights after business hours). PARTIALLY SHIELDED - A light fixture that is not fully shielded but incorporates a partial shield around the lamp by opaque barrier(s) such as louvers, shields, and other means in order to prevent the light source from being visible from across property lines, into waterways, or roadways. SKYGLOW - Glare or illumination of the night sky, whether direct or reflected. UNIFORMITY RATIO (“U RATIO”) - A ratio that describes uniformity of illuminance across an area. The uniformity ratio may be a ratio of the maximum-to-minimum illuminance or the average-to-minimum illuminance. For example, if the Illuminating Engineering Society recommends an average-to-minimum ratio of 4:1 for a parking lot, the minimum illuminance should be no less than 1/4 of the average illuminance across the parking lot. UNSHIELDED FIXTURE - A fixture which, as designed or installed, emits all or part of the light above the lowest part of the light source. §136 - 3. Conflicts with other laws. In a case where this chapter is found to be in conflict with a provision of any other local law, Southold Town Meeting Agenda - July 27, 2010 Page 37 ordinance, code or regulation, the provision or requirement which is the more restrictive or which establishes the higher standard shall prevail. §136 -4. Applicability. A. All exterior luminaires, installed, replaced or repaired after the effective date of this Chapter shall conform to the standards established herein. B. All existing residential, private commercial, institutional, and utility owned or operated exterior lighting lawfully installed prior to the effective date of this Chapter are deemed nonconforming exterior lighting. Such nonconforming exterior lighting shall be brought into compliance with this chapter upon: (1) The replacement or relocation of such nonconforming exterior lighting fixture; or (2) Any reconstruction, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. §136- 5. Standards for exterior lighting. A. General Requirements: (1) All exterior lighting shall be designed, located, and lamped to prevent excessive lighting, energy waste, glare, light trespass, and unnecessary skyglow. (2) All nonessential exterior lighting shall be turned off within ½ hour after the close of business and/or when not in use. Lights that are controlled by timers or are motion sensor-activated are encouraged to replace existing lighting necessary for safety purposes. (3) Canopy lights, such as service station lighting shall be fully recessed and full cutoff luminaires so as to ensure that no light source is visible from or causes glare on public rights-of-way or adjacent properties (4) All area lights shall be full cutoff luminaires. See Figures 1 and 2 below. B. Placement, height and number of fixtures: (1) No luminaires shall be taller than or mounted higher than 35 feet from the ground to their tallest point. (2) If illuminance grid lighting plans cannot be reviewed or if fixtures do not provide photometrics and bulbs are under 1800 lumens, the following requirements apply: (i) Pole height shall be no greater than four times the distance to the property line and maximum lumen levels permitted for different fixture heights are as follows: Mounting Height (feet) Lumen Maximums 6 500 - 1000 lumens 8 600-1600 lumens 10 1000 - 2000 lumens 12 1600 - 2400 lumens 16 2400 - 6000 lumens (3) All private commercial, institutional and utility existing and/or new exterior Southold Town Meeting Agenda - July 27, 2010 Page 38 lighting shall not cause light trespass and shall protect adjacent properties from glare and excessive lighting. (4)All proposed exterior lighting should use the least number of poles/fixtures at the lowest height and at the lowest illuminance levels necessary to safely light the area for the proposed use. C. Illuminance and type of lamp: (1) No luminaire shall be located or concentrated so as to produce glare or direct illumination across the boundary property line, nor shall any such light be of such intensity as to create a nuisance or detract from the use and enjoyment of adjacent property. The maximum illuminance at the property line of a parcel that adjoins a residential parcel or public right of way may not exceed 0.05 footcandle. The maximum illuminance at the property line between two nonresidential properties is 0.1 footcandle. (2) The average illuminance levels listed in the illumination levels for Various Common Tasks, as provided in the IESNA recommended Practices guidelines, shall not be exceeded for exterior lighting unless otherwise specified or approved by the Building Department or the Planning Board. The maximum number of lumens for commercial uses is 25,000 lumens per acre. For proposals in residential and limited business districts the maximum number of Lumens is 10,000 Lumens per acre. The Town recognizes that not every situation will require lighting, and excessive or unnecessary light shall be avoided. Appropriate lighting levels are dependent upon the general nature of the surroundings and the Building Department or Planning Boardmay require more or less than those listed in the IESNA Recommended Practices Guidelines. Illuminance level measurements for parking lots, sidewalks, and other walkways shall include any light from nearby side-mounted building lights, freestanding sidewalk lights affected by side-mounted building lights, and existing or proposed streetlights. In no instance may any lighted surface, as installed, exceed five footcandles, as measured horizontally or vertically by a light meter unless it can be demonstrated that a higher level is necessary for the proposed use (higher levels should be based on guidelines established either in the IESNA Handbook or similar professional or governmental guidelines or regulations (e.g., Federal standards establishing lighting levels around automated teller machines). (3) High-pressure sodium shall be used for all light sources rated over 1,800 lumens. (4) Streetlights shall be full cutoff high-pressure sodium, low-pressure sodium, or fluorescent, unless otherwise determined that another type is more efficient. Streetlights along residential streets shall not exceed 70-watt high-pressure sodium (hps) light with a lumen output of 6,400. streetlights along nonresidential streets or at intersections shall not exceed 150 watts hps each, with a lumen output of 1,600, except the lights at major intersections on state highways shall not exceed 250 watts hps. If a light type other than high-pressure sodium is permitted, then the equivalent output shall be the limit for that light type. Exception: replacements of “historic” lighting design where the replacement of the luminaire piecemeal with compliant luminaires would unacceptably degrade the aesthetic characteristics of the existing lighting design. Southold Town Meeting Agenda - July 27, 2010 Page 39 §136-6. Exemptions. The following exterior lighting is exempt or is partially exempt from the provisions of this Chapter: A. Vehicular lights, United States Coast Guard approved maritime navigational lighting, temporary lighting associated with nighttime roadwork and construction activities, and all temporary emergency lighting needed by fire, ambulance, and police departments or other emergency services are exempt. B. Lighting of radio, communication and navigation towers is allowed, provided the owner or occupant demonstrates that the Federal Aviation Administration (FAA) regulations can only be met through the use of lighting that does not comply with this section, and that the provisions of this section are otherwise met. Tower lighting shall not be permitted unless required by the FAA; in which case, required lighting shall be of the lowest allowed intensity and red, unless otherwise specifically forbidden under the FAA regulations. C. Holiday exterior lighting is exempt from provisions regarding shielding, location, mounting height and total wattage, but must be turned off by 12:59 a.m. D. Temporary lighting in association with an approved special event permit shall comply with all provisions exclusive of location, mounting height, and total wattage, and shall be extinguished no later than 12:59 a.m. on the date of the approved event. E. Upward lighting of the American (and/or other governmental) flag in the form of a single ground-mounted narrow cone spotlight located at the base of the pole which confines the illumination to the flag and limits lumen output to a total of 1,800 lumens (equivalent to 100 watt incandescent) is exempt. The Town encourages the tradition of raising and lowering flags to avoid lighting. F. Recreational lighting: (1) Public recreational lighting shall comply with all provisions of this chapter, exclusive of height and maximum footcandle limits set forth in §136-5(c)(2). No public recreational facility shall be illuminated after 11:00 p.m., except to conclude a recreational or sporting event or any other similar activity conducted at or in the facility which was in progress under such illumination prior to 11:00 p.m. (2) Private recreational lighting shall comply with all provisions of this chapter, exclusive of the maximum footcandle limits set forth in §136-5(c)(2). No private recreational lighting shall be illuminated after 11:00 p.m. §136-7. Prohibitions. The following are prohibited: A. Searchlights, other than those required by law. B. Strobe lights, laser lights, or revolving lighting. C. Blinking, pulsating, tracing or flashing lights. D. Lighting which is used to outline or illuminate a building, structure or window. E. Floodlighting or “wall washing” lighting which is designed to illuminate the walls of a Southold Town Meeting Agenda - July 27, 2010 Page 40 building or other structures. F. Any light fixture that may be construed as or confused with a traffic control device or maritime navigational marker. G. The following lamp and fixture types shall not be permitted: (1) High-intensity discharge, including metal halide, and high-pressure and low- pressure sodium. (2) Mercury vapor. (3) Neon. (4) Lamps rated higher than 3000 Kelvin in color. H. Unshielded light fixtures, except as permitted herein. §136-8. Review Procedures A. All applications for sign permits or building permits shall include lighting plans showing the following information to verify that proposed lighting conforms to the provisions of this chapter: (1) location of each existing and proposed outdoor light fixture; (2) luminaire distribution and type; (3) lamp source type; (4) wattage; (5) mounting height; (6) hours of operation; and (7) lumen output. B. All applications for site plan and subdivision approval shall include lighting plans certified by a licensed professional, luminaire and controls specifications and additional documentation, if any lighting is to be used, regardless of whether the lighting is preexisting or proposed, showing the following to verify that the lighting conforms to the provisions of this chapter: (1) Location of each current and proposed outdoor lighting fixture indicated on a site plan. (2) Type and number of fixtures, including cutoff characteristics, indicating manufacturer and model number(s). (3) Lamp source type, lumen output, and wattage. (4) Mounting height indicated, with distance noted to nearest property line for each luminaire. (5) Types of timing devices used to control on/off and the hours set for illumination, as well as the proposed hours when each fixture will be operated. (6) Shielding and all mounting details, including pole foundation description. (7) Total Lumens for all fixtures, and total square footage of areas to be illuminated. (8) For plans that require three or more fixtures the submission of a calculations summary indicated all footcandle levels on the lighting plan, noting the maximum, average and minimum as well as the uniformity ratio Southold Town Meeting Agenda - July 27, 2010 Page 41 of maximum to minimum, and average to minimum levels. (9) Lighting manufacturer specifications (“cut sheets”) with photographs of the fixtures, indicating the cutoff characteristics of the luminaire. (10) For plans that require three or more fixtures, the submission of an Isometric Footcandle Distribution Diagram indicating the light levels for the fixtures at the designating mounting heights. Maximum illuminance levels should be expressed in footcandle measurements on a grid of the site showing footcandle readings in every ten foot square. The grid shall include light contributions from all sources (i.e., pole-mounted lights, wall-mounted lights, and signs, including private streetlights. (11) If necessary, documentation by a lighting engineer showing that the provisions can only be met with a design that does not comply with this section. C. For all other exterior lighting which must conform to the requirements of this chapter, the Building Inspector shall issue a decision whether the exterior lighting complies with the standards set forth herein. All such decisions may be appealed to the Zoning Board of Appeals within 30 days of the decision. The Zoning Board of Appeals, after a public hearing, may grant variances from the requirements of this chapter. D. No exterior lighting shall be altered, enlarged moved or converted unless it conforms to a lighting plan approved by the Building Department, Planning Board or Zoning Board of . Appeals §136-9. Penalties for offenses. A. Any action by any person, organization, corporation, group or other entity which violates or does not comply with any provision of this chapter shall be punishable by a fine not to exceed two hundred fifty dollars ($250.00) for residential violations and a fine not to exceed seven hundred fifty dollars ($750.00) for non-residential violations. B. Each continuing day of violation of this chapter shall constitute a separate offense. C. In addition to the above provided penalties, the Town may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of this chapter. § 280-117. Lighting restrictions. [Added 12-27-1994 by L.L. No. 30-1994] This section is adopted pursuant to the Town's police power. This section prohibits excessive light and glare by any use, restricts lighting in the middle of the night and sets a maximum height for lights to minimize the potential for glare. A. All outdoor lighting shall be shielded so that the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. B. It is a general principle of the Town that parking lot lights should be turned off or reduced in intensity between 11:30 p.m. and 4:00 a.m. C. All freestanding outdoor lighting fixtures shall be limited to a height of no more than 14 Southold Town Meeting Agenda - July 27, 2010 Page 42 feet above ground level. The fixture shall focus and direct the light as specified in Subsection A above. D. Recreational lighting may exceed the above height limit but is subject to the following standards: (1) All intensive recreational lighting shall be so located on the property with reference to surrounding properties that it shall be reasonably screened from view and compatible with the existing or potential use of neighboring properties. (2) No outdoor recreational facility, public or private, shall be illuminated after 11:00 p.m. except to conclude a recreational or sporting event or any other similar activity conducted at or in the facility which was in progress under such illumination prior to 11:00 p.m. 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. Southold Town Meeting Agenda - July 27, 2010 Page 43 Southold Town Meeting Agenda - July 27, 2010 Page 44 Southold Town Meeting Agenda - July 27, 2010 Page 45 ? Vote Record - Resolution RES-2010-586 ? 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 2010-587 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL 6 Chapter 83, Animals WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in County, New York, on the 29 day of June, 2010, a Local Law entitled relation to Amendments to Chapter 83, Animals” 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 Chapter 83, Animals” Law entitled, reads as follows: LOCAL LAW NO. 6 of 2010 “A Local Law in relation to Amendments to Chapter 83, Animals” A Local Law entitled, . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town of Southold has designed and implemented a Stormwater Management Program (SWMP) to reduce the non-point source pollutants and sediments entering the Town’s valuable waterways, thus satisfying the mandates of the Clean Water Act. This Local Law is a component of the Town’s SWMP that will decrease bacteria levels in stormwater runoff entering the waters of the Town and will promote the health, safety and welfare of the residents of the Town. II. Chapter 83 of the Code of the Town of Southold is hereby amended as follows: ARTICLE II Dogs Southold Town Meeting Agenda - July 27, 2010 Page 46 § 83-6. Prohibited activities. It shall be unlawful for any person owning, or harboring, in possession of or in control of any dog in the Town of Southold to permit or allow such dog to: A. Run at large elsewhere than upon the premises of the owner or custodian unless said dog shall be on a leash or accompanied by a person at least 12 years of age, having adequate control of such dog, or unless it be upon the premises of another person with the knowledge and consent of such person. For the purpose of this article, a dog or dogs hunting in company with a hunter or hunters shall be considered as accompanied by their owners. B. Engage in habitual howling or barking or conduct itself in such a manner as to habitually annoy any person other than the owner or person harboring such dog. C. Cause damage or destruction to property other than the property of the owner or person harboring such dog. D. Chase or otherwise harass any person in such manner as reasonably to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury. E. To soil, defile or defecate on any common thoroughfare, sidewalk, passageway, roadway, highway, street, beach, nature preserve, park or any other public or Town owned property; or any place where people congregate or walk; or on any private property without the permission of the owner of said property. It shall be a violation of this Section unless all feces are immediately removed by said person in a sanitary manner and then sealed and deposited in a garbage container. Feces disposed of in street storm collection systems is prohibited. § 83-7. Enforcement. [Amended 9-21-1982 by L.L. No. 8-1982] The Any Dog Control Officer, Bay Constable, Code Enforcement Officer, or Police Officer shall enforce the provisions of this article. § 83-13. Penalties for offenses. Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. § 83-14. Severability. The invalidity of any section, provision or portion of this article shall not invalidate any other section, provision or remaining portion thereof. § 83-15. When effective. This article shall take effect 10 days after its adoption. III. SEVERABILITY Southold Town Meeting Agenda - July 27, 2010 Page 47 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-2010-587 ? 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 RESOLVEDbe and hereby is declared that this meeting of the Southold Town Board Recessed in order to hold a public hearing. 1. LL/Regulating Exterior Lighting 2. LL/Amendments to Chapter 83, Animals Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at __________ P.M. * * * * *