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HomeMy WebLinkAboutAG-10/05/2010 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 October 5, 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 October 5, 2010 at Meeting Hall, 53095 Route 25, Southold, NY. I. REPORTS 1. Island Group Employee Health Care Plan Claim Lag Report 9/1/9 - 8/31/10 2. Recreation Dept August 2010 Southold Town Meeting Agenda - October 5, 2010 Page 2 3. Highway Department Inventory Report 4. Judge Bruer Monthly Report September 2010 II. PUBLIC NOTICES 1. Liquor License Renewal - Rinconcito Hispano Restaurant, Greenport 2. US Army Corps of Engineers - Kenneth & Elizabeth Lestrange, Mattituck, NY 3. Suffolk County Office for the Aging Public Hearings on its Annual Implementation Plan: Tuesday, October 26, 2010 at 9:30 AM at Eugene Cannataro Senior Citizen Center, Smithtown Monday, November 1, 2010 at 10:30 AM at Southampton's Community Center, Hampton Bays 4. New Liquor License Application Notice to Apply Tony’s Asian Fusion Corp., 9650 Route 25, Laurel III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 A.M. - Trustees & CAC Clarification/Definition of Roles 2. 9:30 A.M. - Lloyd Reisenberg & Leslie Weisman Video Conferencing 3. 10:00 A.M. - Melissa Spiro, John Sep, & Ray Huntington Laurel Lake Stewardship Draft RFP 4. 10:15 A.M. - Melissa Spiro, Jim McMahon Bittner 5. 10:30 A.M. - Jim McMahon Sale of Scavenger Waste Plant Trailer 6. 10:45 A.M. - Jeff Standish Update on Deer Management Task Force 7. 11:00 A.M. - Hugh Switzer & Lillian Ball Goldsmith Inlet 8. Trailer Application 9. Appointment of P/T Clerk Typist in Recreation Dept./Assessors 10. Farmland Bond Policy 11. Local Law - Deer Fences 12. Local Law - Noise Ordinance 13. Local Law - Mill Road Parking 14. Executive Session - Contract Negotiations PBA 15. Executive Session - Personnel Discussion of employment performance and history of particular person/s 16. Executive Session 12:30 P.M. Southold Town Meeting Agenda - October 5, 2010 Page 3 Damon Rallis MINUTES APPROVAL RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, September 21, 2010 ? Vote Record - Acceptance of Minutes for September 21, 2010 4:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland ???????? Vincent Orlando ? Accepted ?????????? Accepted as Amended Christopher Talbot ?? Tabled ???????? Albert Krupski Jr. ???????? Louisa P. Evans ???????? Scott Russell V. RESOLUTIONS 2010-775 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby October 5, 2010. ? Vote Record - Resolution RES-2010-775 ? 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 2010-776 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, October 19, 2010 at the Southold Town Hall, Southold, New York at 4:30 P. M.. Southold Town Meeting Agenda - October 5, 2010 Page 4 ? Vote Record - Resolution RES-2010-776 ? 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, 9/7/2010 7:30 PM, 9/21/2010 4:30 PM CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation Girards - SEQRA & Elect to Purchase Dev Rights 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 Southold Town Meeting Agenda - October 5, 2010 Page 5 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, 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 2010-777 CATEGORY: Budget Modification DEPARTMENT: Data Processing Budget Modification for Lightpath Monthly Fees Southold Town Meeting Agenda - October 5, 2010 Page 6 Fiscal Impact: Voice, Data, Internet SVC - A.1680.4.200.100 account deficit of $13000.00 RESOLVEDmodifies the 2010 General that the Town Board of the Town of Southold hereby Fund budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $13,000.00 To: A.1680.4.200.100 Voice, Data, Internet SVC $13,000.00 ? Vote Record - Resolution RES-2010-777 ? 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 2010-778 CATEGORY: Budget Modification DEPARTMENT: Human Resource Center HRC Walk in Refrigerator Repair Fiscal Impact: To reallocate funds for necessary walk-in refrigerator repairs. RESOLVEDmodifies the 2010 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: Appropriations Programs for the Aging A.6772.4.100.500 Supplies and Materials Motor Vehicle Parts/Supplies $1,700.00 To: Appropriations Programs for the Aging A.6772.4.400.600 Contracted Services Equipment Maint. & Repairs $1,700.00 Southold Town Meeting Agenda - October 5, 2010 Page 7 ? Vote Record - Resolution RES-2010-778 ? 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 2010-779 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk Amend Resolution 2010-697 RESOLVEDamends Resolution No. that the Town Board of the Town of Southold hereby 2010-697 adopted September 7, 2010 by adding Gary Fish, Building Inspector, to the list of attendees as follows: RESOLVEDthat the Town Board of the Town of Southold hereby grants permission to Building Inspector Gary Fish, 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-2010-779 ? 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 2010-780 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Salary Increase for P/T Deckhand Robert Sasso WHEREAS the Board of Commissions of the Fishers Island Ferry District adopted a resolution at their September 21, 2010 meeting to increase the salary of Part Time Deckhand Robert Sasso to $11.00 per hour as a result of his obtaining his Captains license and WHEREAS the Town Board of the Town of Southold is required to approve appointments and Southold Town Meeting Agenda - October 5, 2010 Page 8 salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby increases the salary of Part Time Deckhand Robert Sasso to $11.00 per hour effective September 30, 2010. ? Vote Record - Resolution RES-2010-780 ? 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 2010-781 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Salary Increase for Frank R. Smith II WHEREAS the Board of Commissions of the Fishers Island Ferry District adopted a resolution at their September 21, 2010 meeting to increase the salary of Part Time Deckhand Frank R. Smith II to $12.25 per hour as a result of his obtaining his Captains license 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 RESOLVED that the Town Board of the Town of Southold hereby increases the salary of Part Time Deckhand Frank R. Smith II to $12.25 per hour effective September 30, 2010. ? Vote Record - Resolution RES-2010-781 ? 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 2010-782 CATEGORY: Committee Resignation DEPARTMENT: Town Clerk Accept the Resignation of Anne Trimble from CAC Southold Town Meeting Agenda - October 5, 2010 Page 9 RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby Anne Trimble from the Conservation Advisory Council, effective immediately. ? Vote Record - Resolution RES-2010-782 ? 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 2010-783 CATEGORY: Budget Modification DEPARTMENT: Recreation Budget Modification - Recreation Fiscal Impact: The financial impact is negligible as the recreation department has funds available by not having a part- time clerk typist for quite some time now. (to cover seasonal employee beach payroll costs for lifeguards and beach attendants) RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Whole Town, as follows: FROM: A7020.1.200.100 Recreation $1,272.92 Personal Services Part Time Employees TO: A.7180.1.300.100 Beaches $1,272.92 Personal Services Regular Earnings ? Vote Record - Resolution RES-2010-783 ? 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 - October 5, 2010 Page 10 2010-784 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification- Police Department Fiscal Impact: Using full time regular earnings, already in the budget from a dispatcher who transfered to another town, to cover overtime earnings incurred due to another dispatcher who has been out sick. RESOLVEDmodifies the 2010 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.3020.1.100.100 Public Safety Communications Regular Earnings $20,000 To: A.3020.1.100.200 Public Safety Communications Overtime Earnings $20,000 ? Vote Record - Resolution RES-2010-784 ? 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 2010-785 CATEGORY: Attend Seminar DEPARTMENT: Land Preservation 30Th Annual LI Ag Forum WHEREAS, the Land Preservation Committee has made a recommendation to the Town Board th that the Town of Southold participate as a vendor in the 30 Annual Long Island Agricultural Forum taking place on January 13 & 14, 2011, at the Eastern Campus of Suffolk County Community College in Riverhead, New York; and WHEREAS, it has been recommended that Melissa Spiro, Land Preservation Coordinator, and/or a member(s) of the Land Preservation Committee, attend this event as a forum participant at a complimentary exhibitor’s booth to promote farmland preservation programs within the Town of Southold; now, therefore, be it Southold Town Meeting Agenda - October 5, 2010 Page 11 RESOLVED that the Town Board of the Town of Southold hereby directs Supervisor Scott A. Russell to execute an Outside Vendor Contract 2011 Ag Forum exhibitor’s contract between Cornell Cooperative Extension of Suffolk County and the Town of Southold for the purpose of participating in the 2011 Ag Forum sponsored by Cornell Cooperative Extension of Suffolk County at Suffolk County Community College/Eastern Campus, 121 Riverhead-Speonk Road, Riverhead, New York on January 13 & 14, 2011; and, be it further RESOLVED that the Town Board of the Town of Southold hereby grants permission to Melissa Spiro, Land Preservation Coordinator, and/or a member(s) of the Land Preservation Committee, th to attend the 30 Annual Long Island Agricultural Forum as a representative of the Town of Southold. ? Vote Record - Resolution RES-2010-785 ? 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 2010-786 CATEGORY: Attend Seminar DEPARTMENT: Public Works MS4 Conference RESOLVED grants permission to James that the Town Board of the Town of Southold hereby Richter, Town Engineer, to attend a seminar on MS4 Pathogens Watershed Improvement Strategy, the NYS DEC Offices, East Setauket, NY, on October 21, 2010. There are no fees or charges for this seminar. ? Vote Record - Resolution RES-2010-786 ? 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 2010-787 CATEGORY: Budget Modification DEPARTMENT: Public Works Southold Town Meeting Agenda - October 5, 2010 Page 12 Deer Management Program Fiscal Impact: Authorized by Resolution 2010-758, Rental of a vehicle for transportation of deer harvested as part of the Town of Southold's Deer Management Program to a food pantry in Oakdale, NY. RESOLVEDmodifies the 2010 Whole that the Town Board of the Town of Southold hereby Town, General Fund budget as follows: From: A.1990.4.100.100 Unallocated Funds $5,400 To: A.1620.4.400.800 Equipment Rental $5,400 ? Vote Record - Resolution RES-2010-787 ? 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 2010-788 CATEGORY: Budget Modification DEPARTMENT: Public Works Police Department Insurance Recovery Fiscal Impact: Funds from insurance recovery/Police Department water damage. Funds recovered from water damage to the Police Department from the insurance company RESOLVEDmodifies the 2010 that the Town Board of the Town of Southold hereby Whole Town, General Fund budget as follows: To: A.2680.00 Insurance Recoveries $24,770 To: A.1620.4.400.100 Building Maintenance & Repairs $24,770 Southold Town Meeting Agenda - October 5, 2010 Page 13 ? Vote Record - Resolution RES-2010-788 ? 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 2010-789 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Ratifies and Approves the Resolution of the Fishers Island Ferry District Board of Commissioners Dated September 21, 2010 to Retain the Firm of Lamb & Barnosky RESOLVEDratifies and approves that the Town Board of the Town of Southold hereby the Fishers Island Ferry District Board of Commissioners dated September 21, resolution of the 2010 to retain the firm of Lamb & Barnosky, LLP (L&B) as counsel to the Fishers Island Ferry District, authorize the Manager of the District to negotiate with L&B, and to terminate the retainer and representation agreement as between the District and the firm of Egan & Golden (“E&G”). ? Vote Record - Resolution RES-2010-789 ? 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 2010-790 CATEGORY: Budget Modification DEPARTMENT: Fishers Island Ferry District FIFD Budget Modification Fiscal Impact: Explanation is shown with each line RESOLVEDmodifies the Fishers Island that the Town Board of the Town of Southold hereby Ferry District 2010 budget as adopted by the FIFD on September 21, 2010. FROM: EXPENDITURES: Southold Town Meeting Agenda - October 5, 2010 Page 14 SM.1989.4.000.000 Fund Deficit $32,000.00 Total $32,000.00 TO: EXPENDITURES: SM 1910.4.000.300 Insurance; Worker Comp $22,000.00 Audit reclassification SM 5610.4.000.000 Elizabeth Airport $5,000.00 Light repairs SM 5710.4.000.500 Computer Operations $5,000.00 Web page updates _________ Total $32,000.00 ? Vote Record - Resolution RES-2010-790 ? 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 2010-791 CATEGORY: Surplus Equip - Non Usable DEPARTMENT: Human Resource Center Declare 2 Unused Copiers at HRC Surplus Equipment Fiscal Impact: These copiers are no longer functional and need to be removed from inventory. RESOLVEDdeclares the following that the Town Board of the Town of Southold hereby equipment to be surplus equipment: Canon Image Runner 2000 - No. MQU040083 – Town Asset # 2884 Pitney Bowes Model 9006 – Ser. # 5060043 ? Vote Record - Resolution RES-2010-791 ? 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 - October 5, 2010 Page 15 2010-792 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Mods Fiscal Impact: Cover cost of on-site repairs from CBI during summer; new discharge conveyor belt (old one torn and cannot be repaired); fabrication of metal storage cage for mercury bulbs and vehicle batteries. Remaining funds in garbage bag line adequate through end of year. RESOLVEDmodifies the 2010 Solid that the Town Board of the Town of Southold hereby Waste Mgmt. District budget as follows: To: SR 8160.4.400.665 Contracted Repairs CBI Grinder $2,000 SR 8160.4.100.596 Maint/Supply CBI Grinder $2,000 SR 8160.4.100.800 Maint/Facilities & Grounds $1,500 From: SR 8160.4.100.650 Town Garbage Bags $5,500 ? Vote Record - Resolution RES-2010-792 ? 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 2010-793 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission for Police Officer Thomas Hudock to Attend Seminar RESOLVED grants permission to Police that the Town Board of the Town of Southold hereby Officer Thomas Hudock to attend the State of New York Juvenile Officers Association Quarterly meeting commencing on Thursday, December 2, 2010 through Friday, December 3, 2010 in Vestal, New York. All expenses for travel are to be a legal charge to the 2010 Juvenile Aid Budget line – A. 3157.4.600.200. Travel is to be by department vehicle. Southold Town Meeting Agenda - October 5, 2010 Page 16 ? Vote Record - Resolution RES-2010-793 ? 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 2010-794 CATEGORY: Misc. Public Hearing DEPARTMENT: Town Attorney PH Meyran Coastal Erosion Appeal RESOLVEDsets November 30, 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 and place for a public hearing on the Coastal Erosion Hazard Board of Review Appeal of Glenn R. Meyran, relating to a proposed observation deck located at 175 Soundview Avenue, Mattituck, New York, SCTM #1000-99-3-1 , 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-2010-794 ? 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 2010-795 CATEGORY: Employment - Town DEPARTMENT: Recreation Appoint Part Time Clerk Typist RESOLVEDappoints Judith McCleery that the Town Board of the Town of Southold hereby to the position of part-time Clerk Typist for the Recreation Department effective October 12, 2010. Position not to exceed 17.5 hours per week at a rate of $12.74 per hour. Southold Town Meeting Agenda - October 5, 2010 Page 17 ? Vote Record - Resolution RES-2010-795 ? 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 2010-796 CATEGORY: Public Service DEPARTMENT: Highway Department 2010 Fall Leave Clean-Up RESOLVEDFall by the Town Board of the Town of Southold that the Highway Department CLEANUP is limited to LEAVES ONLY (which are to be placed in biodegradable brown paper bags) and will commence on Monday, November 29, 2010, at ORIENT POINT and end in LAUREL ; be it further RESOLVED that, during the 2010 Fall Cleanup, neither BRUSH nor BRANCHES will be removed. Therefore, they should NOT be placed in the Town right-of-way until after the Spring cleanup is announced; be it further RESOLVEDauthorizes the acceptance of that the Town Board hereby residential leaves, brush and branches at the Southold Town Compost Facility, in Cutchogue, free of charge, for two months in connection with the 2010 Fall Cleanup. This grace period is for those homeowners who wish to take their leaves, limbs, brush and branches to the Compost Site. The grace period will start on Monday, November 1, and continue through Friday, December 31, 2010; be it further RESOLVEDextends the waiver of such fees to that the Town Board hereby commercial entities carrying leaves and brush from residential properties (only within the Town) during that period; and be it further RESOLVED Fishers Island Fall Cleanup will also commence on that the Monday, November 29, 2010. Southold Town Meeting Agenda - October 5, 2010 Page 18 ? Vote Record - Resolution RES-2010-796 ? 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 2010-797 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire PT Senior Citizen Aide II for Fishers Island RESOLVEDappoints Patricia Faulkner that the Town Board of the Town of Southold hereby to the position of part time Senior Citizen Aide II for Fishers Island, effective October 12, 2010, at a rate of $14.47 per hour for 7 hours per week. ? Vote Record - Resolution RES-2010-797 ? 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 2010-798 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire PT Food Service Worker RESOLVEDappoints Sandra Davids to that the Town Board of the Town of Southold hereby the position of part-time Food Service Worker for the senior nutrition program at the Human Resource Center, effective October 6, 2010, at a rate of $13.04 per hour, not to exceed 17.5 hours per week. Southold Town Meeting Agenda - October 5, 2010 Page 19 ? Vote Record - Resolution RES-2010-798 ? 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 2010-799 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire PT Senior Citizen Aide II at HRC RESOLVEDappoints Heather Piscatelli that the Town Board of the Town of Southold hereby to the position of part time Senior Citizen Aide II for the Human Resource Center, effective October 7, 2010, at a rate of $14.47 per hour, not to exceed 17.5 hours per week. ? Vote Record - Resolution RES-2010-799 ? 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 2010-800 CATEGORY: Bid Acceptance DEPARTMENT: Accounting Accept Proposal for Fuel Management System RESOLVED authorizes Supervisor that the Town Board of the Town of Southold hereby Scott Russell to execute an agreement with L.A. Fritter and Son Inc. to supply a Fuel Management System in an amount not to exceed $230,000, subject to the approval of the Town Attorney. Southold Town Meeting Agenda - October 5, 2010 Page 20 ? Vote Record - Resolution RES-2010-800 ? 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 2010-801 CATEGORY: Employment - Town DEPARTMENT: Police Dept Hire Seasonal Police Officer for the 2011 Season- Jacob Bogden RESOLVEDhires Jacob Bogden as a that the Town Board of the Town of Southold hereby Seasonal Police Officer for the 2011 season, at no compensation, for the purpose of attending the Suffolk County Police Academy in Brentwood, New York, commencing on Monday, October 18, 2010. ? Vote Record - Resolution RES-2010-801 ? 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 2010-802 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Amend Resolution No. 2010-756 RESOLVED amends Resolution No. that the Town Board of the Town of Southold hereby 2010-756, adopted on September 21, 2010, as follows : RESOLVED authorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Cost Plus Fixed Fee Consultant Agreement for design and construction observation and administration services between the Town of Southold and C&S Engineers, Inc.$45,100.00, of which the in the amount of $5,883.00 Town of Southold is responsible for 2.5% of this amount under the Grant Offer, in connection with Project No. 3-36-0029-18-10(D&C) regarding the Runway Crack Repair and Southold Town Meeting Agenda - October 5, 2010 Page 21 Sealing Project, Phase II, at Elizabeth Field Airport, Fishers Island, New York, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-802 ? 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 2010-803 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes Supervisor Scott A. Russell to Execute the Lockbox Agreement Between the Town of Southold and the Bridgehampton National Bank, for Use by the Tax Receiver’s Office for Collection of Taxes RESOLVEDauthorizes Supervisor that the Town Board of the Town of Southold hereby Scott A. Russell to execute the Lockbox Agreement between the Town of Southold and The Bridgehampton National Bank , for use by the Tax Receiver’s Office for collection of taxes, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-803 ? 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 2010-804 CATEGORY: Budget Modification DEPARTMENT: Data Processing Telephone System Budget Modification Fiscal Impact: Need to fund the Telephone System Maintenance Account to cover charges for 2010 RESOLVEDmodifies the 2010 General that the Town Board of the Town of Southold hereby Fund, Whole Town budget as follows: Southold Town Meeting Agenda - October 5, 2010 Page 22 From: A.1680.4.400.410 Scanner Maintenance $3500.00 To: A.1680.4.400.450 Telephone System Maintenance $3500.00 ? Vote Record - Resolution RES-2010-804 ? 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 2010-805 CATEGORY: Attend Seminar DEPARTMENT: Accounting Permission to Attend Payroll Seminar RESOLVED grants permission to Town that the Town Board of the Town of Southold hereby Comptroller John Cushman and Principal Account Clerk Janice Foglia to attend the 2010 Payroll Year End Seminar in Greenburgh, New York, on November 18, 2010 , and all expenses for registration and travel shall be a legal charge to the 2010 Accounting and Finance Department budget, A.1310.4.600.200, Meetings and Seminars. ? Vote Record - Resolution RES-2010-805 ? 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 2010-806 CATEGORY: Employment - Town DEPARTMENT: Police Dept Appoint Peter J. Brock to the Position of Constable for Fishers Island RESOLVEDappoints Peter J. Brock to that the Town Board of the Town of Southold hereby the position of Constable for Fishers Island effective at the commencement of the next Peace Officer academy on the condition that he attends and satisfactorily completes all necessary training. Southold Town Meeting Agenda - October 5, 2010 Page 23 ? Vote Record - Resolution RES-2010-806 ? 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 2010-807 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement Between the Town of Southold and the Suffolk County Office for the Aging for the Town to Receive Funding Under the Transportation Assistance Program 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 the Suffolk County Office for the Aging for the Town to receive funding under the Transportation Assistance Program , IFMS No. SC EXE 0000000 No. 001-6806-4980-95285, for the period April 1, 2010 through March 31, 2011 (with three one-year extensions at the County’s option), subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-807 ? 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 2010-808 CATEGORY: Policies DEPARTMENT: Town Attorney Hereby Amends ¶11 of the Town of Southold’s Procurement Policy, Adopted on May 18, 2010 RESOLVEDamends ¶11 of the Town of that the Town Board of the Town of Southold hereby Southold’s Procurement Policy, adopted on May 18, 2010, to read as follows: Southold Town Meeting Agenda - October 5, 2010 Page 24 prior to payment 11. A properly executed purchase order is required for all purchases. With the exception of the following items , neither goods nor services are to be ordered without first obtaining a purchase order signed by the Department Head and the Supervisor: (1) Rental payments for Leases approved by formal Town Board resolution (attach a copy of the adopted Town Board resolution to the voucher). (2) Specific purchases approved by formal Town Board resolution (attach a copy of the adopted Town Board resolution to the voucher) which might include bid awards. However, a Purchase Order is required for specific purchases made under “blanket” bid awards such as annual food needs, uniforms, and laundry services. (3) Construction contracts approved by formal Town Board resolution (attach a copy of the adopted Town Board resolution to the voucher). (4) Petty cash purchases. (5) Travel expenses (mileage, tolls, meals, ferry or train expenses, etc.). (6) Meeting and seminar registration fees (attach a copy of the adopted Town Board resolution to the voucher). (7) Legal notices. ? Vote Record - Resolution RES-2010-808 ? 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 2010-809 CATEGORY: Employment - Town DEPARTMENT: Accounting Promote Thomas F. Hudock to Police Sergeant RESOLVEDappoints Thomas F. that the Town Board of the Town of Southold hereby Hudock to the position of Police Sergeant for the Police Department, effective October 5, 2010, at an annual base salary of $115,620. ? Vote Record - Resolution RES-2010-809 ? 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 - October 5, 2010 Page 25 2010-810 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Release PT Seasonal Theatre Personnel FIFD WHEREAS at the October 4, 2010 meeting of the Fishers Island Ferry District Board of Commissioners, the following resolution was; MOVED by Commissioner Brooks SECONDED by Commissioner Edwards, 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 RESOLVED that Karla Heath, a Seasonal Clerk, and Michael Conroy, a Seasonal Recreation Aide, both of Fishers Island, NY, be removed as a part time seasonal help at the Fishers Island Movie Theatre effective October 1, 2010. ? Vote Record - Resolution RES-2010-810 ? 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 2010-811 CATEGORY: Advertise DEPARTMENT: Town Clerk Authorize and Direct the Town Clerk to Advertise a Request for Proposal for the Removal of the Remains of a Wooden Dock and Concrete Block Buildings at the Laurel Lake Preserve RESOLVEDauthorizes and directs the Town that the Town Board of the Town of Southold hereby Clerk to advertise a Request for Proposal for the removal of the remains of a wooden dock and concrete block buildings at the Laurel Lake Preserve, in accordance with specifications, subject to the approval of the Town Attorney. Southold Town Meeting Agenda - October 5, 2010 Page 26 ? Vote Record - Resolution RES-2010-811 ? 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 2010-812 CATEGORY: Support/Non-Support Resolution DEPARTMENT: Town Attorney Endorses and Supports Resolution No. 1938-2010 Introduced in the Suffolk County Legislature by Legislator Edward Romaine to Provide Funding for the Development and Implementation of a Work Plan for the Improvement of Water Quality and Restoration of Marsh Habitats in Goldsmith’s Inlet in the Town of Southold RESOLVEDendorses and supports Resolution that the Town Board of the Town of Southold No. 1938-2010 introduced in the Suffolk County Legislature by Legislator Edward Romaine to provide funding for the development and implementation of a work plan for the improvement of water quality and restoration of marsh habitats in Goldsmith’s Inlet in the Town of Southold . ? Vote Record - Resolution RES-2010-812 ? 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 2010-813 CATEGORY: Public Service DEPARTMENT: Town Clerk Waive Entry and Tipping Fees Associated with the Disposal of Animal Carcasses RESOLVED that the Town Board of the Town of Southold, in conjunction with the Town’s waives entry and tipping fees associated with the disposal Deer Management Program hereby , of animal carcasses at the Solid Waste Transfer Station Southold Town Meeting Agenda - October 5, 2010 Page 27 ? Vote Record - Resolution RES-2010-813 ? 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 2010-814 CATEGORY: Seqra DEPARTMENT: Town Clerk LL Parking Mill Road SEQRA RESOLVED“A that the Town Board of the Town of Southold hereby finds that the proposed Local Law in relation to Parking on Inlet Road (a/k/a Mill Lane) and Mill Road in the area between Route 48 and Goldsmiths Inlet” 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, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance with the recommendation of Mark Terry dated October 4, 2010, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review, in accordance with the recommendation of the LWRP Coordinator, Mark Terry, dated October 4, 2010. ? Vote Record - Resolution RES-2010-814 ? 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 2010-815 CATEGORY: Seqra DEPARTMENT: Town Clerk LL Deer Fence SEQRA RESOLVED“A that the Town Board of the Town of Southold hereby finds that the proposed Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Deer Fences” 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 Southold Town Meeting Agenda - October 5, 2010 Page 28 as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance with the recommendation of Mark Terry dated October 4, 2010, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review, in accordance with the recommendation of the LWRP Coordinator, Mark Terry, dated October 4, 2010. ? Vote Record - Resolution RES-2010-815 ? 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 2010-816 CATEGORY: Seqra DEPARTMENT: Town Clerk LL Noise Ordinance SEQRA RESOLVED“A that the Town Board of the Town of Southold hereby finds that the proposed Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold” 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, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance with the recommendation of Mark Terry dated October 4, 2010, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review, in accordance with the recommendation of the LWRP Coordinator, Mark Terry, dated October 4, 2010. ? Vote Record - Resolution RES-2010-816 ? 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 2010-817 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Southold Town Meeting Agenda - October 5, 2010 Page 29 Enact LL # 11 Parking on Mill Lane/Mill Road 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) and Mill Road in the area between Route 48 and Goldsmiths Inlet” 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 Parking on Inlet Road (a/k/a Mill Lane) and Mill Law entitled, Road in the area between Route 48 and Goldsmiths Inlet” reads as follows: LOCAL LAW NO. 11 of 2010 “A Local Law in relation to Parking on Inlet Road (a/k/a Mill Lane), A Local Law entitled, 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 a private road known as 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 Southold Town Meeting Agenda - October 5, 2010 Page 30 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 Route 48 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-2010-817 ? 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 2010-818 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL #12 Deer Fence 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” 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 RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local “A Local Law in relation to Amendments to Chapter 280, Zoning, in Law entitled, connection with Deer Fences ” which reads as follows: LOCAL LAW NO. 12 of 2010 Southold Town Meeting Agenda - October 5, 2010 Page 31 “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 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. Southold Town Meeting Agenda - October 5, 2010 Page 32 ? Vote Record - Resolution RES-2010-818 ? 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 2010-819 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL #13 Noise Ordinance 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” 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 RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local “A Local Law in relation to the Prevention and Control of Noise Pollution in Law entitled, the Town of Southold” which reads as follows: LOCAL LAW NO. 13 of 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 - October 5, 2010 Page 33 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 - October 5, 2010 Page 34 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 - October 5, 2010 Page 35 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 If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any Southold Town Meeting Agenda - October 5, 2010 Page 36 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-2010-819 ? 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. 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. 7:32 PM, Tuesday, October 5, 2010 for a Public Hearing to Hear Citizens Views on Local Housing and Community Development Needs 2. LL/Parking Mill Road PH 3. LL/Deer Fences PH 4. LL/Noise Ordinance PH