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HomeMy WebLinkAboutAG-09/07/2010 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 September 7, 2010 7:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Agenda is generally available the Friday before the meeting. The video of the meeting is usually available 1-2 hours after the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed in one of two ways: (1) The town website: southoldtown.northfork.net Scroll down to Town Clerk Gateway – On line, click; scroll down again to Town Clerk Gateway – on line, click You will be redirected to the Town Clerk on line site, click the “Yes” box to go into the site. (2) www.townclerk.com Enter zip code 11971 in box on lower right hand side and “enter”. On the left hand side of screen a dark blue box will pop up, you will see "Town of Southold, Long Island, NY", click on this and another box will pop up that will tell you that you are being directed to another site click on “Yes” to go into the Town Clerk site. Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the meeting by clicking on the camera symbol. All of this information is available 24/7. If you would like help navigating the site, please feel free to call my office 631-765-1800. CALL TO ORDER 7:30 PM Meeting called to order on September 7, 2010 at Meeting Hall, 53095 Route 25, Southold, NY. I. REPORTS 1. Town Clerk 1st Quarter, 2nd Quarter and Semi-Annual 2. Recreation Department July 2010 Southold Town Meeting Agenda - September 7, 2010 Page 2 II. PUBLIC NOTICES 1. Application to Army Corp of Engineers New Suffolk Properties LLC, replace existing 69 ' long bulkhead with construction of 20' long bulkhead extension on Wickham Creek in Cutchogue. Comments due prior to September 23, 2010 III. COMMUNICATIONS 1. North Fork Audubon Society Inc. Mid Term Report - Nesting Sites for Piping Plover and Least Tern IV. DISCUSSION 1. 9:00 A.M. - Bombara Coastal Erosion Management Appeal Hearing 2. 10:00 A.M. - John Kramer Special Event Cost Analysis for Big Suga Barge Bash 3. 10:30 A.M. - Laura Stephenson, Peconic Estuary Program Call to Action Conference 9/20 4. 10:45 A.M. - Maureen Cullinane, Melissa Spiro Bittner property planting project 5. Jeff Standish Update on deer management a) Deer Management forum b) Ticks & Lime Disease 6. 11:30 A.M. - Jamie Richter Scavenger Waste Plant Cost Proposal from LK McLean Association 7. 11:45 A.M. - N O A A Grant for Coastal Hazard Planning 8. Appeal to Coastal Erosion Hazard Board Meyran 9. Section I I I Study for Mattituck Inlet Update 10. Set Interviews for Part-Time Clerk Typist 11. Special Events Working Group 12. Change of Zone Application 13. Deer Fencing Local Law, Set Public Hearing 14. Control of Noise Pollution Local Law, Set Public Hearing 15. Parking on Mill Lane, Set Public Hearing 16. EXECUTIVE SESSION - Litigation Strategy in the matter of Henry Traendly, et al. v. Z B A 17. EXECUTIVE SESSION 1:30 P.M. - Mike Verity Personnel - Discussion of employment performance & history of particular person/s V. SPECIAL PRESENTATION 1. 7:30 P.M. Peggy Murphy Betty Wells Cynthia Mellas Southold Town Meeting Agenda - September 7, 2010 Page 3 VI. RESOLUTIONS 2010-682 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby September 7, 2010. ? Vote Record - Resolution RES-2010-682 ? 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 2010-683 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Meeting for Tuesday, September 21, 2010 at 4:30 PM RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, September 21, 2010 at the Southold Town Hall, Southold, New York at 4:30 P. M.. ? Vote Record - Resolution RES-2010-683 ? 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 2010-687 Tabled 8/24/2010 4:30 PM CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation Girards - SEQRA & Elect to Purchase Dev Rights Southold Town Meeting Agenda - September 7, 2010 Page 4 TO BE TABLED WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by 6900 Wickham Avenue, LLC (Girards) on the 24th day of August, 2010, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-107.-10-10.1. The address is 6900 Wickham Avenue. The property is located in the A-C zoning district and is on the southerly side of Wickham Avenue, approximately 963.50 feet from the southwesterly intersection of County Road 48 and Wickham Avenue in Mattituck, New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 8.26± acres (subject to survey) of the 10.1± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the easement will be acquired using Community Preservation Funds. The purchase price is $63,000 (sixty-three thousand dollars) per buildable acre for the 8.26± acre easement plus acquisition costs; and WHEREAS, the property is listed on the Town’s Community Preservation Project Plan as property that should be preserved due to its agricultural value; 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 70 (Agricultural Lands 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 has recommended 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 the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural 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, Southold Town Meeting Agenda - September 7, 2010 Page 5 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 a development rights easement on agricultural land owned by 6900 Wickham Avenue, LLC (Girards), identified as part of SCTM #1000-107.-10-10.1. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. ? Vote Record - Resolution RES-2010-687 ? 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 2010-688 Tabled 8/24/2010 4:30 PM CATEGORY: Attend Seminar DEPARTMENT: Highway Department Attend Seminar - Peter Harris RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Highway Superintendent Peter W. HarrisSuffolk County Highway to attend the Superintendents’ Association Conference to be held at the Pridwin Hotel, Shelter Island, New York, on September 12, 13 & 14, 2010. The cost of the seminar is $100.00 and travel to be by Ferry at $20.00; registration and travel expenses to be a legal charge to the 2010 Highway Department budget. ? Vote Record - Resolution RES-2010-688 ? 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 - September 7, 2010 Page 6 2010-689 Tabled 8/24/2010 4:30 PM CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to Wounded Warrior Project to Hold Its First Annual North Fork Soldier Ride on Saturday, September 18, 2010 RESOLVEDgrants permission to that the Town Board of the Town of Southold hereby Wounded Warrior ProjectFirst Annual North Fork Soldier Ride to hold its on Saturday, September 18, 2010. The ride to commence at Mitchell Park, Greenport at 9 AM and proceed west on Route 25 to Mattituck Fire Department, north on Love Lane to Route 48 and east to Orient Point and then back to Greenport, provided they provide written approval from the Village of Greenport and 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. All town fees for this event shall be waived. ? Vote Record - Resolution RES-2010-689 ? 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 2010-690 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Mod - Chevy Repairs Fiscal Impact: Shifts revenue from 3rd party insurance to new appropriation line to cover Chevy p/u damaged in 5-4-10 MVA. RESOLVEDmodifies the 2010 Solid that the Town Board of the Town of Southold hereby Waste Management District budget as follows: To Revenues: SR.2680.00 Insurance Recoveries $1,844.26 To Southold Town Meeting Agenda - September 7, 2010 Page 7 Appropriations: SR.8160.4.100.685 Repairs Chevy P/U Truck $1,844.26 ? Vote Record - Resolution RES-2010-690 ? 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 2010-691 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Public Works Fence - Police Impound Area RESOLVED hereby authorizes an increase of that the Town Board of the Town of Southold $175 to the Contract with Robert Bohn Contracting, Inc., adopted by Resolution 2010-401, on June 1, 2010, in connection with the installation of chain link fence and gate at the Southold Police Department. ? Vote Record - Resolution RES-2010-691 ? 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 2010-692 CATEGORY: Bid Acceptance DEPARTMENT: Public Works Demolition of the Scavenger Waste Plant RESOLVED accepts the bid of that the Town Board of the Town of Southold hereby D. F. Stone Contracting, LDT, 1230 Station Road, Medford, NY 11763 to decommission the Scavenger Waste Plant, Moores Lane, Greenport, NY, in accordance the plans and specifications prepared by L.K. McLean Associates, PC in the amount of $673,498, all in accordance with the Town Attorney. Southold Town Meeting Agenda - September 7, 2010 Page 8 ? Vote Record - Resolution RES-2010-692 ? 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 2010-693 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Public Works Scavenger Waste Plant Demolition RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute and Agreement with D.F. Stone Contracting, LTD, 1230 Station Road, Medford, NY 11763, to decommission the Scavenger Waste Plant, Moores Lane, Greenport, NY, all in accordance with the plans and specifications prepared by L.K. McLean Associates, PC, in the amount of $673,498, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-693 ? 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 2010-694 CATEGORY: Consulting DEPARTMENT: Public Works Scavenger Waste Plant - Construction Monitoring RESOLVED accepts the proposal of L. that the Town Board of the Town of Southold hereby K. McLean Associates, P.C. for professional services relative to the decommissioning of the scavenger waste facility, Moores Lane, Greenport, NY in the amount of $15,200, all in accordance with the Town Attorney. Southold Town Meeting Agenda - September 7, 2010 Page 9 ? Vote Record - Resolution RES-2010-694 ? 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 2010-695 CATEGORY: Consulting DEPARTMENT: Public Works Scavenger Waste Plant - Professional Services RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to sign a proposal for professional services in connection with construction monitoring and administration duties, in reference to the decommissioning of the scavenger waste facility, Moores Lane, Greenport, NY in the amount of $15,200, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-695 ? 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 2010-696 CATEGORY: Attend Seminar DEPARTMENT: Building Department Training Seminar RESOLVED grants permission to that the Town Board of the Town of Southold hereby Electrical Inspector Roger Richert to attend a seminar on 2008 NEC Analysis of Code Changes in Riverhead, New York, on Saturday September 18, 2010. All expenses for registration, travel to be a legal charge to the 2010 Building Department budget (meetings and seminars). Southold Town Meeting Agenda - September 7, 2010 Page 10 ? Vote Record - Resolution RES-2010-696 ? 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 2010-697 CATEGORY: Attend Seminar DEPARTMENT: Building Department Training Seminar on 2010 Code Update RESOLVED grants permission to that the Town Board of the Town of Southold hereby Building Permits Examiner Patricia Conklin, Zoning Inspector Damon Rallis, Fire Inspector Robert Fisher and Chief Building Inspector Michael Verity to attend a seminar on 2010 Code Update in Quogue, New York, on September 21, 2010. All expenses for registration, travel to be a legal charge to the 2010 Building Department budget (meetings and seminars). ? Vote Record - Resolution RES-2010-697 ? 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 2010-698 CATEGORY: Misc. Public Hearing DEPARTMENT: Supervisor Set 7:32 PM, Tuesday, October 5, 2010 for a Public Hearing to Hear Citizens Views on Local Housing and Community Development Needs RESOLVED hereby sets 7:32 PM, Tuesday, that the Town Board of the Town of Southold October 5, 2010, Southold Town Hall, 53095 Main Road, Southold, New York 11971, as the time and place for a Public Hearing to hear citizens views on local housing and community development needs to be met with approximately $130,000 in Community Development Block Grant funds the town of Southold expects to receive in April 2011 and authorizes the Town Clerk to publish an “Announcement of Public Hearing Notice”. Southold Town Meeting Agenda - September 7, 2010 Page 11 ? Vote Record - Resolution RES-2010-698 ? 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 2010-699 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Mod - 2010 Gen Fund Whole Town -Donation Fiscal Impact: Modification to reflect donations made to the ABTF RESOLVEDmodifies the 2010 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: To Revenues : A.2705.40 Gifts & Donations Other Donations $310.00 To Appropriations : A.1010.4.600.775 Town Board, C.E., Miscellaneous Anti-Bias Task Force $310.00 ? Vote Record - Resolution RES-2010-699 ? 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 2010-700 CATEGORY: Employment - Town DEPARTMENT: Accounting Nys Gfoa Li Regional Fall Conference Southold Town Meeting Agenda - September 7, 2010 Page 12 RESOLVED grants permission to Town that the Town Board of the Town of Southold hereby Comptroller John Cushman and Deputy Town Comptroller Connie Solomon to attend the NYS GFOA Long Island Regional Fall Seminar in Great River, New York on Tuesday, October 5, 2010. All expenses for registration and travel will be a legal charge to the 2010 Accounting & Finance Department budget, Meetings and Seminars (A.1310.4.600.200). ? Vote Record - Resolution RES-2010-700 ? 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 2010-701 CATEGORY: Employment - Town DEPARTMENT: Accounting Permission to Attend NYBEAS Seminar Accounting Dpt RESOLVED grants permission to Town that the Town Board of the Town of Southold hereby Comptroller John Cushman and Secretarial Assistant Christine Foster to attend a New York State Health Insurance Program (NYSHIP) Regional Meeting in Hauppauge, New York on Thursday, October 7, 2010. All expenses for registration, travel to be a legal charge to the 2010 Accounting Department budget (meetings and seminars) A.1310.4.600.200. ? Vote Record - Resolution RES-2010-701 ? 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 2010-702 CATEGORY: Employment - Town DEPARTMENT: Accounting Acknowledges Intent to Retire James Roache Southold Town Meeting Agenda - September 7, 2010 Page 13 RESOLVEDacknowledges the intent to that the Town Board of the Town of Southold hereby retire of James D. Roache from the position of Automotive Equipment Operator for the Highway Department , effective October 14, 2010. ? Vote Record - Resolution RES-2010-702 ? 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 2010-703 CATEGORY: Employment - Town DEPARTMENT: Accounting Acknowledges Intent to Retire Michael Gaydosik RESOLVEDacknowledges the intent to that the Town Board of the Town of Southold hereby retire of Michael Gaydosik from the position of Highway Labor Crew Leader for the Highway Department , effective October 14, 2010. ? Vote Record - Resolution RES-2010-703 ? 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 2010-704 CATEGORY: Employment - Town DEPARTMENT: Accounting Acknowledges Intent to Retire Terry Pace RESOLVEDacknowledges the intent to that the Town Board of the Town of Southold hereby retire of Terry Pace from the position of Auto Mechanic IV for the Highway Department , effective October 14, 2010. Southold Town Meeting Agenda - September 7, 2010 Page 14 ? Vote Record - Resolution RES-2010-704 ? 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 2010-705 CATEGORY: Employment - Town DEPARTMENT: Accounting Acknowledges Intent to Retire Andrew Lutkowski RESOLVEDacknowledges the intent to that the Town Board of the Town of Southold hereby retire of Andrew K. Lutkowski from the position of Maintenance Mechanic III for the Buildings and Grounds Department , effective October 1, 2010. ? Vote Record - Resolution RES-2010-705 ? 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 2010-706 CATEGORY: Employment - Town DEPARTMENT: Accounting Acknowledges Intent to Retire Joseph Blados RESOLVEDacknowledges the intent to that the Town Board of the Town of Southold hereby retire of Joseph Blados from the position of Maintenance Mechanic III for the Highway Department , effective September 20, 2010. ? Vote Record - Resolution RES-2010-706 ? 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 - September 7, 2010 Page 15 2010-707 CATEGORY: Employment - Town DEPARTMENT: Accounting Administrative Leave of Absence Employee #0691 RESOLVEDapproves an administrative that the Town Board of the Town of Southold hereby leave of absence to employee #0691 from September 8, 2010 to September 17, 2010. ? Vote Record - Resolution RES-2010-707 ? 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 2010-708 CATEGORY: Employment - Town DEPARTMENT: Accounting Resignation of Mary Beth Gramazio - HRC RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby Mary Beth Gramazio from the position of Senior Citizen Aide II for the Human Resource Center, effective September 9, 2010. ? Vote Record - Resolution RES-2010-708 ? 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 2010-709 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Budget Modification Contingencies to Central Copy Fiscal Impact: Southold Town Meeting Agenda - September 7, 2010 Page 16 Provide funding for a new copy machine in the Town Attorney's office 09/08/10 A.1990.4.100.100 · Unallocated Contingencies $585.00 Copy Machine Town Attorney RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby Whole Town 2010 Budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $585. To: A.1670.2.200.500 Central Copying & Mailing Office Equipment Copy Machine $585. ? Vote Record - Resolution RES-2010-709 ? 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 2010-710 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Lease Agreement Canon Copy Machine Town Attorney Fiscal Impact: Budget Modification of $585.00 from Contingencies to Central Copying & Mailing RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an agreement with Canon Financial Services in connection with the lease of one (1) Canon IR 3245i copy machine for use by the Town Attorney at a monthly cost of $195.00 for a period of sixty (60) months from the date of installation, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-710 ? 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 - September 7, 2010 Page 17 2010-711 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Acquisition Agreement Lease or Purchase Between the Town of Southold and Canon Business Solutions, Inc. RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Acquisition Agreement Lease or Purchase between the Town of Southold and Canon Business Solutions, Inc. , in connection with the lease of one (1) Canon IR-3225 copy machine for use by the Human Resource Center at a monthly cost of $185.00 for a period of forty-eight (48) months from the date of installation, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-711 ? 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 2010-712 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification Interpretative Signage Project Fiscal Impact: Appropriate state and federal aid for completion of first part of Phase II for the Interpretive Signage project, which is completion of plans and preparation of the RFP by The RBA Group ($17,820.65 woth of work paid in 2009, $27,179.35 worth of work still to be completed). RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby Whole Town 2010 budget as follows: Increase: Revenues: A.3597.20 State Aid, Interpretive Signage $2,180 A.4597.20 Federal Aid, Interpretive Signage TEA21 $25,000 Increase: Appropriations: A.1010.4.600.720 Town Board, Interpretative Signage $27,180 Southold Town Meeting Agenda - September 7, 2010 Page 18 ? Vote Record - Resolution RES-2010-712 ? 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 2010-713 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to Detective Steven Harned to Attend a Taser Recertification Course RESOLVED grants permission to that the Town Board of the Town of Southold hereby Detective Steven Harned to attend a Taser Recertification Course at the Suffolk County Sheriff’s Office, in Westhampton, New York, on Friday, October 8, 2010. All expenses for registration and travel to be a legal charge to the 2010 Police Training budget line – A.3120.4.600.200. Travel is to be by department vehicle. ? Vote Record - Resolution RES-2010-713 ? 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 2010-714 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Sign the Termination of Contract/Release and Discharge Agreement Between the Town of Southold and the New York State Department of Environmental Conservation in Connection with the Termination of Contract #T303607, Aquatic Invasive Species Eradication Grant Program RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to sign the Termination of Contract/Release and Discharge Agreement between the Town of Southold and the New York State Department of Environmental Conservation in connection with the termination of Contract #T303607, Aquatic Invasive Species Eradication Grant Program , subject to the approval of the Town Attorney. Southold Town Meeting Agenda - September 7, 2010 Page 19 ? Vote Record - Resolution RES-2010-714 ? 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 2010-715 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Amend Resolution No. 2010-664 RESOLVEDamends Resolution No. that the Town Board of the Town of Southold hereby 2010-664 to read as follows: RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute Supplemental Agreement #2 between the New York State Department of Transportation and the Town of Southold in connection with the amending the Contract improvements to North Fork Trail along CR 48 project (PIN 0758.90), end date to 6/30/12 and increasing the funding to $76,250 , subject to the approval of the Town Attorney; and be it further RESOLVEDthat the Town Board of the Town of Southold hereby authorizes the advancement of funds in the sum of $31,250, appropriated from the General Fund Whole Town, Town Board Interpretative Signage Project (A.1010.4.600.720), in connection with the increase in funding for this project from the original funding amount of $45,000 to the increased amount of $76,250, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-715 ? 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 2010-716 CATEGORY: Bid Acceptance DEPARTMENT: Fishers Island Ferry District Accept the Bid of Axtell’s, Inc. of Jermyn PA, for the Contract Titled “Elizabeth Field Airport Runway Southold Town Meeting Agenda - September 7, 2010 Page 20 Crack Repair and Sealing – Phase II” in the Amount of $172,796.00 RESOLVED that the Town Board of the Town of Southold, at the request of the Fishers Island Ferry accepts the bid of Axtell’s, Inc. of Jermyn District and recommendation of C&S Companies, hereby PA, for the contract titled “Elizabeth Field Airport Runway Crack Repair and Sealing – Phase II” amount of FAA AIP No. 3-36-0029-18-10 (D&C), NYSDOT Project No. 0913.18 (D&C) in the $172,796.00 , all in accordance with the Town Attorney. ? Vote Record - Resolution RES-2010-716 ? 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 2010-717 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Fishers Island Ferry District Authorize and Direct Supervisor Scott A. Russell to Execute the Agreement Between the Town of Southold and Axtells, Inc. for the Fishers Island Elizabeth Field Airport Runway Crack Repair and Sealing Project-Phase II in the Amount of $173,796.00 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 Axtells, Inc. for the Fishers Island Elizabeth Field Airport Runway Crack Repair and Sealing Project-Phase II in the amount of $173,796.00 in connection with NYS DOT Project Nos. 0913.18(D&C) and FAA AIP Nos. 3-36-0029-18-10(D&C), subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-717 ? 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 2010-718 CATEGORY: Budget Modification DEPARTMENT: Human Resource Center Reallocate Earnings Southold Town Meeting Agenda - September 7, 2010 Page 21 Fiscal Impact: Reallocate funds from part time employee to Full time employees sick earnings. RESOLVEDmodifies the 2010 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: Appropriations: A.6772.1.200.100 Programs for the Aging Personal Services Part-time employees Regular earnings $6,500.00 To: Appropriations: A.6772.1.100.400 Personal Services Full-time employees Sick Earnings $6,500.00 ? Vote Record - Resolution RES-2010-718 ? 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 2010-719 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Mod - 966 CAT Fiscal Impact: Need to purchase a new cutting edge for the 966 bucket. Quarry truck line of $2000 not likely to be used this year. RESOLVEDmodifies the 2010 that the Town Board of the Town of Southold hereby Solid Waste Management District budget as follows: From: SR 8160.4.100.566 Maint/Supplies-CAT Quarry Truck $1,500 To: SR 8160.4.100.551 Maint/Supplies-CAT 966 Loader $1,500 Southold Town Meeting Agenda - September 7, 2010 Page 22 ? Vote Record - Resolution RES-2010-719 ? 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 2010-720 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk Grant Permission to Vicki Toth to Attend a Seminar on 2010 Code Update RESOLVED grants permission to Vicki that the Town Board of the Town of Southold hereby Toth to attend a seminar on 2010 Code Update in Quogue, New York, on September 21, 2010. All expenses for travel to be a legal charge to the 2010 ZBA Part-Town Budget, B.8010.4.600.300(meetings and seminars). ? Vote Record - Resolution RES-2010-720 ? 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 2010-721 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk Grant Permission to James Richter, Town Engineer, to Attend a Seminar on 2010 Code Update RESOLVED grants permission to James that the Town Board of the Town of Southold hereby Richter, Town Engineer, to attend a seminar on 2010 Code Update in Quogue, New York, on September 22, 2010. There were will be no charges to the Engineer’s budget for this seminar. Southold Town Meeting Agenda - September 7, 2010 Page 23 ? Vote Record - Resolution RES-2010-721 ? 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 2010-722 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk Peconic Estuary Program 2010 Conference RESOLVED grants permission to James that the Town Board of the Town of Southold hereby Richter, Mark Terry and John Sepenoski to attend a 2010 Call to Action Conference by the Peconic Estuary Program, on September 20, 2010 in Southampton, New York. There are no expenses to be incurred; travel in a town vehicle. ? Vote Record - Resolution RES-2010-722 ? 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 2010-723 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney LL/Parking Mill Road Set PH 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 7 day of September, 2010, a Local Law entitled relation to Parking on Inlet Road (a/k/a Mill Lane), Soundview Avenue, and Mill Road in the area between Route 48 and Goldsmiths Inlet” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the 5th aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the day of October, 2010 at 7:34 p.m. at which time all interested persons will be given an opportunity to be heard. Southold Town Meeting Agenda - September 7, 2010 Page 24 “A Local Law in relation to Parking on Inlet Road (a/k/a The proposed Local Law entitled, Mill Lane), Soundview Avenue, and Mill Road in the area between Route 48 and Goldsmiths Inlet” reads as follows: LOCAL LAW NO. 2010 “A Local Law in relation to Parking on Inlet Road (a/k/a Mill Lane), A Local Law entitled, Soundview Avenue, and Mill Road in the area between Route 48 and Goldsmiths Inlet” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. Parking associated with the public’s use of Goldsmiths Inlet in the hamlet of Peconic has resulted in conditions that impact the public health, safety and welfare in the surrounding community. These conditions consist of undue congestion, restrictions on access and maneuverability as well as dangerous traffic impacts. Accordingly, it is necessary to impose a range of parking limitations in this area to protect the residents of the Town and restrict the public’s ability to block the ordinary flow of traffic and the orderly use of Town facilities by Town residents. Accordingly, amendments to Chapter 189 and 260 are warranted. II. Chapter 189 of the Code of the Town of Southold is hereby amended as follows: §189-2. Designation of parking areas requiring permits. B. The following road end areas are hereby designated as Town of Southold “Parking by Southold Town Permit Only” areas: (57) Inlet Road (a/k/a Mill Lane), Peconic, along both sides between Soundview Avenue and a private road known as Second Avenue. III. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: § 260-8. Parking prohibited at all times. Name of Street Side Location Inlet Road (a/k/a Mill Lane) Both At Peconic, from the northerly intersection of a private road known as Miami Avenue and Inlet Road (a/k/a Mill Lane) northerly to the southerly intersection of a private road known as Second Avenue and Inlet Road (a/k/a Mill Lane). Mill Road Both At Peconic, between a private road known as Miami Avenue and County Southold Town Meeting Agenda - September 7, 2010 Page 25 Route 48 Soundview Avenue Both At Peconic, from the northerly terminus of Inlet Drive (a/k/a Mill Lane), westerly to a private road known as Huntington Boulevard 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-2010-723 ? 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 2010-724 CATEGORY: Legislation DEPARTMENT: Town Attorney LL/Parking Mill Road to SCPC & PB RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to transmit the proposed Local Law entitled “A Local Law in relation to Parking on Inlet Road (a/k/a Mill Lane), Soundview Avenue, and Mill Road in the area between Route 48 and Goldsmiths Inlet” to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports . ? Vote Record - Resolution RES-2010-724 ? 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 - September 7, 2010 Page 26 2010-725 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney LL/Deer Fences Set PH 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 7 day of September, 2010, a Local Law entitled relation to Amendments to Chapter 280, Zoning, in connection with Deer Fences. 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 5 day of October, 2010 at 7:36 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 280, The proposed Local Law entitled, Zoning, in connection with Deer Fences ” reads as follows: LOCAL LAW NO. 2010 “A Local Law in relation to Amendments to Chapter 280, Zoning”, in A Local Law entitled, connection with Deer Fences . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this Local Law is to amend §280-105, “height of fences, walls and berms” to allow for deer fencing in residential and non-residential zones to protect the health, safety and welfare of Town residents, business owners and their property from injury and damage due to the growth of the population of deer within the Town. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-105. Height of fences, walls and berms. Fences, walls or berms may be erected and maintained, subject to the following height limitations: A. When located in the front yard of residential zones, the same shall not exceed four feet in height when located in the front yard of nonresidential zones, the same shall not exceed six feet in height. B. When located in or along side and rear yards, the same shall not exceed 6 1/2 feet in height. C. In residential and non-residential zones, except properties/parcels engaged in bona fide agricultural production, the installation of a deer exclusion fence may be permitted by Southold Town Meeting Agenda - September 7, 2010 Page 27 obtaining a building permit issued by the Building Inspector, subject to the following criteria: 1. When located in or along side and rear yards, the height of the deer exclusion fence shall not exceed eight feet. 2. Specifications for construction of deer exclusion fences: (i) Fencing Fabric: high-tensile, woven wire fence fabric with graduated opening; (ii) Spacing Between Posts: 20 feet 3. Deer fencing is prohibited in or along the front yard of any property. 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-2010-725 ? 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 2010-726 CATEGORY: Legislation DEPARTMENT: Town Attorney LL/Deer Fences to SCPC & PB RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to transmit the proposed Local Law entitled “A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Deer Fences” to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports . Southold Town Meeting Agenda - September 7, 2010 Page 28 ? Vote Record - Resolution RES-2010-726 ? 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 2010-727 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney LL/Noise Ordinance Set PH 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 7 day of September, 2010, a Local Law entitled relation to the Prevention and Control of Noise Pollution in the Town of Southold” 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 th 5day of October, 2010 at 7:38 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to the Prevention and Control of The proposed Local Law entitled, Noise Pollution in the Town of Southold” reads as follows: LOCAL LAW NO. 2010 “A Local Law in relation to the Prevention and Control of Noise A Local Law entitled, Pollution in the Town of Southold” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. A new Chapter 200 of the Code of the Town of Southold is hereby adopted as follows: §200-1. Title. This law shall be known as the“Prevention and Control of Noise Pollution Law of Southold Town.” §200-2. Purpose. The gentle pace of life in the Town of Southold has traditionally provided a respite from the noise and turmoil which has become an integral part of life in the city and suburbs and which has even encroached into many resort areas on the East End. Crafting of regulations that are uniquely appropriate for the Town of Southold are aimed to protect this rural, almost nostalgic way of life while providing an atmosphere for businesses to flourish. The Southold Town Meeting Agenda - September 7, 2010 Page 29 existence of unreasonably loud, unnecessary disturbing or unusual noise within the Town has become an increasingly, significant problem during recent years. Such noise pollution which is prolonged, unusual or unnatural in its time, place and use is harmful to the peace, welfare, comfort, safety, convenience, good order and prosperity of the inhabitants of the Town of Southold. It is the public policy and findings of the Town Board that every person is entitled to noise levels that are not detrimental to life, health and the enjoyment of his or her property. The provisions and prohibitions hereinafter enacted are in pursuance of this policy and these findings and for the purpose of protecting and promoting the public health, comfort, convenience, peace, safety, welfare and prosperity of the Town of Southold and its inhabitants. §200-3. Statutory authorization. This chapter is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through regulations intended to govern noise pollution within the entire Town. §200-4. Definitions. As used in this Chapter, the following terms shall have their meanings indicated. AIRBORNE SOUND – Sound that reached the point of interest by propagation through the air. AMPLIFIED SOUND - Sound which has its volume increased by electronic means. CHARITABLE EVENT – An event whose sole purpose is to raise money for a specific charity or non-profit organization. COMMERCIAL SERVICE EQUIPMENT – All engine-powered or motor-powered equipment intended for infrequent service work in inhabited areas, typically requiring commercial or skilled operators. Examples of commercial service equipment are chain saws, log chippers, paving rollers, etc. CONSTRUCTION DEVICE – Any powered device or equipment designed and intended for use in construction. Examples of construction devices are air compressors, bulldozers, backhoes, trucks, shovels, derricks and cranes. dB(A) - The A-weighted sound level in decibels, as measured by a general-purpose sound-level meter complying with the provisions of the American National Standards Institute specifications for sound-level meters, properly calibrated and operated on the A-weighing network. DECIBEL (“dB”) - The unit for measuring the volume of a sound based upon the pressure level of a sound. For the purpose of this chapter, the standard reference pressure stated herein will be used to assure a consistent and standard reference for measuring sound. HOMEOWNER’S LIGHT RESIDENTIAL OUTDOOR EQUIPMENT – All engine-powered or motor-powered garden or maintenance tools intended for repetitive use in residential areas, typically capable of being used by a homeowner. Examples of homeowner’s light residential outdoor equipment are lawn mowers, garden tools, riding tractors, snowblowers, snowplows, etc. Southold Town Meeting Agenda - September 7, 2010 Page 30 NOISE POLLUTION – Airborne or amplified sound which: A. Causes temporary or permanent hearing loss in persons exposed; or B. Is otherwise injurious, or tends to be, on the basis of current information injurious to the public health or welfare; or C. Disturbs a reasonable person of normal sensitivities; D. Exceeds standards or restrictions established herein; or E. Interferes with the comfortable enjoyment of life and property or the conduct of business. The following are deemed to interfere with the comfortable enjoyment of life and property or the conduct of business: 1. Yelling or shouting at any time that disturbs the quiet, comfort or repose of person or persons residing or occupying an adjacent or neighboring property. 2. The using of, operating of or permitting to be played, used or operated, any radio, receiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of airborne or amplified sound in such a manner as to disturb the peace, quiet and comfort of the person or persons residing or occupying an adjacent or neighboring property. PERSON – An individual, association, firm, syndicate, company, trust, corporation, department, bureau or agency or any other entity recognized by law as the subject of rights and duties . SOUND-LEVEL METER – An instrument for the measurement of noise and sound levels including a microphone, amplifier, an output meter and frequency weighting networks which comply with standards established by the American National Standards Institute (ANSI) specifications for sound-level meters. § 200-5. General prohibition. No person or persons owning leasing or controlling the operation of any source of noise on any lot or structure within the Town shall permit the establishment of a condition of noise pollution. Except as provided in §200-6, the use of amplifiers, speaker or other machines or devices capable of reproducing amplified or airborne sound from the premises, dwelling or building within the Town shall be considered noise pollution and shall be prohibited at all times. § 200-6. Standards. No person shall create or cause to be emitted any noise pollution which when measured at or beyond any lot line of the property on which such noise pollution is being generated, exceeds the following standards: A. Sunday through Thursday: (i) from 7:00 a.m. to 7:00 p.m. airborne or amplified sound in excess of 65 dBA; and (ii) from 7:00 p.m. to 7:00 a.m. airborne or amplified sound in excess of 50 dBA. B. Friday and Saturday: (i) from 7:00 a.m. to 10:00 p.m. airborne or amplified sound in excess of 65 dBA; and (ii) from 10:00 p.m. to 7:00 a.m. airborne or amplified sound in excess of 50 dBA. § 200-7. Exceptions. A. The provisions of §200-5 and §200-6 shall not apply to the following: Southold Town Meeting Agenda - September 7, 2010 Page 31 1. The intermittent or occasional use between 7:00 a.m. through 7:00 p.m. of homeowner’s light residential outdoor equipment with mufflers or commercial service equipment, provided that such activities and such equipment and their use comply with the other provisions hereof. 2. Construction activities between 7:00 a.m. through 7:00 p.m. and the associated use of construction devices or the noise produced thereby, provided that such activities and such equipment and their use comply with the other provisions hereof. 3. Noise from agricultural equipment. 4. Noise from church bells or chimes used. 5. Noise from snowblowers, snowthrowers and snowplows when operated with a muffler for the purpose of snow removal. 6. Non-amplified noise generated from lawful athletic or recreational activities, events, or facilities. 7. Non-amplified noise-organized activities sponsored by any school district, private school or fire district or department within the Town of Southold. 8. Noise from municipally sponsored celebrations or events. 9. Noise from lawful fireworks displays, parades, and other charitable and special events held in accordance with all pertinent provisions of the Southold Town Code. 10. Noncommercial public speaking or public assembly activities conducted on any public space or public right-of-way. 11. Emergency construction or repair work. 12. Noise from the activities of any fire department, ambulance squad or similar emergency or rescue organization in carrying out their official duties. 13. Noncommercial amplified sound that does not exceed the noise standard established in §200-6 of this chapter. 14. Emergency stationary and mobile signal devices. 15. Audible exterior burglar alarms in operation for 15 minutes or less. § 200 - 8. Enforcement. The provisions of this chapter shall be administered and enforced by the Southold Town Police Department and the Southold Town Office of Code Enforcement. § 200- 9. Penalties for offenses. A. Any person who shall violate the provisions of this chapter shall be guilty of a violation punishable by a fine not exceeding $500; and upon conviction of a third or subsequent offense within 18 months, punishable by a fine not exceeding $5,000. If such violation is of a continuing nature, each one hour period of violation of any provision of this chapter shall constitute an additional, separate and distinct offense, B. In addition to any other remedy provided by law, the Town may bring an injunction proceeding to enforce this chapter. II. SEVERABILITY Southold Town Meeting Agenda - September 7, 2010 Page 32 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. III.EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2010-727 ? 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 2010-728 CATEGORY: Legislation DEPARTMENT: Town Attorney LL/Noise Ordinance to SCPC & PB RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to transmit the proposed Local Law entitled “A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold” to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports . ? Vote Record - Resolution RES-2010-728 ? 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 2010-729 CATEGORY: Employment - Town DEPARTMENT: Accounting Acknowledges Intent to Retire Denise A. Ross Southold Town Meeting Agenda - September 7, 2010 Page 33 RESOLVEDacknowledges the intent to that the Town Board of the Town of Southold hereby retire of Denise A. Ross from the position of Senior Assessment Clerk for the Assessors Department , effective October 14, 2010. ? Vote Record - Resolution RES-2010-729 ? 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 2010-730 CATEGORY: Support/Non-Support Resolution DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute a Letter in Support to the National Oceanic and Atmospheric Administration (NOAA) in Connection with the Nature Conservancy’s Grant Award Regarding Their Proposed Project Entitled “Coastal Resilience: Interactive Decision Support for Adaptation Solutions for Coastal Communities Addressing Impacts from Climate Change RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute a letter in support to the National Oceanic and Atmospheric Administration (NOAA) in connection with The Nature Conservancy’s grant award regarding their proposed project entitled “Coastal Resilience: Interactive Decision Support for Adaptation Solutions for Coastal Communities Addressing Impacts from Climate Change” , at no cost to the Town of Southold, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-730 ? 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 2010-731 CATEGORY: Litigation DEPARTMENT: Town Attorney Retains Frank A. Isler, Esq. as Special Counsel in the Supreme Court, Suffolk County Civil Action Entitled “Henry Traendly, Et Al. V. ZBA” Under Index No. 10-32675. Southold Town Meeting Agenda - September 7, 2010 Page 34 RESOLVEDretains Frank A. Isler, Esq. that the Town Board of the Town of Southold hereby as Special Counsel in the Supreme Court, Suffolk County civil action entitled “Henry Traendly, et al. v. ZBA” under Index No. 10-32675 . ? Vote Record - Resolution RES-2010-731 ? 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 2010-732 CATEGORY: Support/Non-Support Resolution DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute a Letter to Congressman Timothy Bishop Expressing the Town Board’s Support for the Army Corps of Engineer’s Alternative Plan 6 for Expanded Inlet Area Dredging of Mattituck Inlet Authorized Under Section 111 of the River and Harbor Act of 1968 and the Objective of Stabilizing the Inlet and Avoiding Navigation and Economic Dislocations RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute a letter to Congressman Timothy Bishop expressing the Town Board’s support for the Army Corps of Engineer’s Alternative Plan 6 for Expanded Inlet Area Dredging of Mattituck Inlet authorized under Section 111 of the River and Harbor Act of 1968 and the objective of stabilizing the Inlet and avoiding navigation and economic dislocations , subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-732 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? Christopher Talbot ?? Supervisor's Appt ???????? Albert Krupski Jr. ?? Tax Receiver's Appt ???????? Louisa P. Evans ?? Rescinded ???????? Scott Russell ?? Town Clerk's Appt ?? Supt Hgwys Appt Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at __________ P.M.