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HomeMy WebLinkAboutAG-12/14/2010 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 December 14, 2010 4:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. 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 4:30 PM Meeting called to order on December 14, 2010 at Meeting Hall, 53095 Route 25, Southold, NY. I. REPORTS 1. Town Clerk Monthly Report November 2010 2. Program for the Disabled November 2010 3. Justice Louisa P. Evans November 2010 Southold Town Meeting Agenda - December 14, 2010 Page 2 4. Justice William H. Price Jr. November 2010 5. Department of Public Works November 2010 6. Special Projects Coordinator November 2010 7. Code Enforcement Officer November 2010 8. Land Tracking Third Quarter 2010 9. Island Group Employee Health Care Plan Claim Lag Report - 12/1/09 - 11/30/10 Claims 10. Judge Bruer Monthly Report November 2010 11. Zoning Board of Appeals November 2010 12. Human Resource Center November 2010 II. PUBLIC NOTICES III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 A.M. - John Cushman End of year Budget Review 2. 10:00 A.M. - Mayor Epley, Scott Bradley, Alan Kaplan, John Cushman Health Insurance 3. 10:30 A.M. - Don Leslie Traffic Signal Maintenance 4. 10:45 A.M. - Jim McMahon Request for additional Streetlight 5. 10:55 A.M. - Jim McMahon Mattituck Inlet Section 111 Project 6. 11:15 A.M. - Jim McMahon, Jeff Standish Part-time Custodian in DPW 7. 11:25 A.M. - Jim McMahon, Jeff Standish DPW Vehicle 8. 11:30 A.M. - Jim McMahon, Jamie Richter Factory Avenue Traffic Calming, Signage, etc. 9. 11:40 A.M. - Melissa Spiro Part-time Land Preservation Stewardship Position 10. Update: Goldsmith’s Inlet 11. Dumping of Municipal Leaves 12. Dog Licensing Local Law Southold Town Meeting Agenda - December 14, 2010 Page 3 set for Public Hearing 13. ZBA Fees Local Law set for Public Hearing 14. EXECUTIVE SESSION - Labor Matters involving employment of particular person(s) Update on PBA Negotiations 15. EXECUTIVE SESSION - Litigation W. H. M. Plumbing Silvermere Road V. RESOLUTIONS 2010-979 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby December 14, 2010. ? Vote Record - Resolution RES-2010-979 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? ??Vincent Orlando Withdrawn ?????????? Supervisor's Appt Christopher Talbot ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2010-980 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Organizational Meeting of the Town Board of the Southold Town Board be Held, at 11:00 AM on Tuesday, January 4, 2011 RESOLVED that the 2011 Organizational Town Board Meeting of the Southold Town Board be 11:00 AM on Tuesday, January 4, 2011 held at at the Southold Town Hall, Southold, New York Southold Town Meeting Agenda - December 14, 2010 Page 4 ? Vote Record - Resolution RES-2010-980 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? ??Christopher Talbot Supervisor's Appt ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2010-981 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Town Board Meeting of the Southold Town Board be Held at 4:30 PM on Tuesday, January 4, 2011 RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held at 4:30 PM on Tuesday, January 4, 2011 at the Southold Town Hall, Southold, New York ? Vote Record - Resolution RES-2010-981 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ?????????? Supervisor's Appt Christopher Talbot ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2010-982 CATEGORY: Employment - Town DEPARTMENT: Accounting Create Position of P/T Land Mgt Specialist II TO BE TABLED RESOLVED that the Town Board of the Town of Southold hereby establishes the hourly rate of pay for part-time Land Management Specialist II as follows: Effective Date Rate January 1, 2010 22.7159 January 1, 2011 23.6245 Southold Town Meeting Agenda - December 14, 2010 Page 5 January 1, 2012 24.5695 ? Vote Record - Resolution RES-2010-982 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ?????????? Supervisor's Appt Christopher Talbot ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2010-983 CATEGORY: Grants DEPARTMENT: Land Preservation USDA-NRCS Amend #2 Demchak Farm RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Supervisor to execute Amendment No. 2 to Cooperative Agreement No. 73-2C31-9-042, dated June 30, 2009, between the United States of America Commodity Credit Corporation and the Town of Southold for the implementation of the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS) 2009 Federal Farm and Ranch Lands Protection Program (FRPP) for a revision to Attachment B that increases the awarded grant funding for the Demchak Farm project to $870,000.00, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-983 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? ??Christopher Talbot Supervisor's Appt ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2010-984 CATEGORY: Bid Acceptance DEPARTMENT: Public Works Goldsmith Inlet Dredging 2011 Fiscal Impact: Maintenance dredging of Goldsmith Inlet for 2011, as per rates set forth in the competitively awarded Suffolk County Rate Schedule for Construction Equipment Services, at a cost not to exceed $40,000 and Southold Town Meeting Agenda - December 14, 2010 Page 6 in accordance with the NYSDEC, Army Corps. permits] RESOLVEDhereby authorizes Chesterfields that the Town Board of the Town of Southold Associates, Inc. and Latham Sand & Gravel to perform maintenance dredging work at Goldsmith Inlet, all rates set forth in the competitively awarded Suffolk County Rate Schedule for Construction Equipment Services, in connection with the dredging work, scheduled to January 2011, at a cost not to exceed $40,000, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-984 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ?????????? Supervisor's Appt Christopher Talbot ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2010-985 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Public Works Goldsmith Inlet Dredging 2011 RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Agreement with Chesterfields Associates, Inc. and Latham Sand and Gravel, in connection with the 2011 dredging of Goldsmith Inlet, in the amount of $40,000, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-985 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ?????????? Supervisor's Appt Christopher Talbot ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2010-986 CATEGORY: Misc. Public Hearing DEPARTMENT: Town Clerk Amend Resolution No. 2010-840 to Change the Date for Orient Wharf Co. CEA to 1/18/11 Southold Town Meeting Agenda - December 14, 2010 Page 7 RESOLVEDamends Resolution No. that the Town Board of the Town of Southold hereby 2010-840 to change the date of the public hearin g to January 18, 2011 and to read as follows: RESOLVED that the Town Board of the Town of Southold hereby sets December 14, 2010 January 18, 2011 at 9:00 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 Clare and David Air, Timothy Frost, and Margaret Minichini in connection with Trustees’ Permit #7368C issued to Orient Wharf Company, dated August 18, 2010, relating to the replacement of an existing asphalt vehicle and access paving (an approximate 17’ portion) over fill at an existing wooden bulkhead structure with a new timber deck structure located at 2110 Village Lane, Orient, New York, SCTM #1000-24-2-28.1, 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-2010-986 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ?????????? Supervisor's Appt Christopher Talbot ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2010-987 CATEGORY: Bid Acceptance DEPARTMENT: Police Dept Accept Donation of Vehicle from Fishers Island Conservancy RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to accept the donation of a 1997 Ford Explorer, VIN 1FMDU35P4VUD28126, from the Fishers Island Conservancy , to the Town of Southold for the purpose of facilitating the non-toxic mosquito control program on Fishers Island. ? Vote Record - Resolution RES-2010-987 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ?????????? Supervisor's Appt Christopher Talbot ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2010-988 Southold Town Meeting Agenda - December 14, 2010 Page 8 CATEGORY: Property Usage DEPARTMENT: Public Works Hamptons Collegiate Baseball 2011 RESOLVED grants permission to that the Town Board of the Town of Southold hereby Hamptons Collegiate Baseball to use the baseball field at Cochran Park for the 2011 baseball season, subject to scheduling by the Southold Recreation Department and the application filing a One Million Dollar Certificate of Insurance, with the Town Clerk, naming the Town of Southold as additional insured, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-988 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? ??Christopher Talbot Supervisor's Appt ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2010-989 CATEGORY: Budget Modification DEPARTMENT: Highway Department 2010 Budget Mod - Highway Fiscal Impact: The reason for this budget modification is due to the fact that these line item(s) needed to be increased as there was insufficient funding for purchases in these respective line items. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 Highway Fund Part Town budget as follows: To: DB.5110.4.100.905 General Repairs, Contractual Expense Supplies & Materials Asphalt Patch $ 4,730.00 DB.5130.4.400.650 Machinery, Contractual Expense Contracted Services Maintenance & Repairs $ 3,500.00 DB.5140.4.100.900 Brush & Weeds/Miscellaneous Contractual Expense Supplies & Materials Landscaping Materials $ 305.00 Southold Town Meeting Agenda - December 14, 2010 Page 9 DB.5142.4.100.920 Snow Removal, Contractual Expense Supplies & Materials Sand $ 2,000.00 TOTAL: $10,535.00 From: DB.5140.4.600.200 Brush & Weeds/Miscellaneous Contractual Expense Miscellaneous Meetings/Seminars $ 1,470.00 DB.5140.4.600.300 Brush & Weeds/Miscellaneous Contractual Expense Miscellaneous Travel $ 3,221.00 DB.5140.4.600.400 Brush & Weeds/Miscellaneous Contractual Expense Miscellaneous Postage $ 39.00 DB.5142.2.400.200 Snow Removal, Equipment Industrial Equipment Snow Equipment $ 3,500.00 DB.5140.4.100.100 Brush & Weeds/Miscellaneous Contractual Expense Supplies & Materials Office Supplies $ 305.00 DB.5110.4.100.975 General Repairs, Contractual Expense Supplies & Materials Steel $2,000.00 TOTAL: $10,535.00 ? Vote Record - Resolution RES-2010-989 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? ??Christopher Talbot Supervisor's Appt ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2010-990 CATEGORY: Budget Modification DEPARTMENT: Trustees Pump Out Boat GPS Southold Town Meeting Agenda - December 14, 2010 Page 10 Fiscal Impact: Necessary to purchase new GPS for pump out boat as existing GPS no longer functions. RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby Whole Town Board of Trustees 2010 budget as follows: From: A.8090.4.400.840 Pump-Out Waste Disposal $500.00 To: A.8090.2.200.400 Pump-Out Boat Equipment $500.00 ? Vote Record - Resolution RES-2010-990 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? ??Vincent Orlando Withdrawn ?????????? Supervisor's Appt Christopher Talbot ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2010-991 CATEGORY: Budget Modification DEPARTMENT: Accounting Create Budget for GIS Needs Assessment Fiscal Impact: Provide appropriation and financing for the GIS Needs Assessment WHEREAS the Town Board of the Town of Southold adopted a resolution on October 25, 2010 to engage Bowne Management Systems to complete a Needs Assessment for a Graphical Information System (GIS) for the Town of Southold in the amount of $36,000, and WHEREAS the New York State Education Department has provided a grant for the aforementioned Needs Assessment for a Graphical Information System (GIS) for the Town of Southold, and WHEREAS the Town Board has determined that the Needs Assessment for a Graphical Information System (GIS) be recorded in the Town’s Capital Fund, and WHEREAS the Town’s Capital Budgeting process requires a resolution to formally establish a Capital Budget item in the Capital Fund for this item, now therefore be it Southold Town Meeting Agenda - December 14, 2010 Page 11 RESOLVED authorizes the that the Town Board of the Town of Southold hereby establishment of the following Capital Project in the 2010 Capital Fund : Capital Project Name:GIS Needs Assessment Financing Method: New York State Aid Budget: Revenues: H.3089.40 NYS Education Grant $36,000 Appropriations: H.1680.2.200.500 Central Data Processing Capital Outlay GIS Needs Assessment $36,000 ? Vote Record - Resolution RES-2010-991 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ?????????? Supervisor's Appt Christopher Talbot ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2010-992 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification - Police Department Fiscal Impact: To balance over expended budget lines due to dispatch shift coverage from a part time employee and more gasoline & oil for bay constables then anticipated for the year. Also to appropriate revenue to the vehicle impound line for towing bills which were more than anticipated for the year. 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 Full Time Employees, Regular Earnings $2000 A.3130.2.400.150 Bay Constable Other Equipment, Light Bars $850 A.3130.4.400.650 Bay Constable Vehicle Maintenance & Repairs $375 A.3130.4.400.700 Bay Constable Southold Town Meeting Agenda - December 14, 2010 Page 12 Dock Rental $425 A.3120.2.500.775 Police Equipment In Car Video/Computer/Radio $1700 Total $5350 To: A.3020.1.200.100 Public Safety Communications Part Time Employees, Regular Earnings $2000 A.3130.4.100.200 Bay Constable Supplies & Materials, Gasoline & Oil $1650 A.3120.4.400.700 Police, C.E Contracted Services, Vehicle Impound $1700 Total $5350 ? Vote Record - Resolution RES-2010-992 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? ??Vincent Orlando Withdrawn ???????? ??Christopher Talbot Supervisor's Appt ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2010-993 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Rescind Resolution No. 2010-937 RESOLVED that the Town Board of the Town of Southold hereby rescinds Resolution No. 2010-937 dated November 30, 2010 which read as follows, in its entirety: RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2010- 857 dated October 25, 2010 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Bowne Management Company, Inc. to complete the “Needs Assessment for a Geographical Information System (GIS) for the Town of Southold in the amount of $36,000. $36,400.00, all in accordance with the approval of the Town Attorney, and it is FURTHER RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute and sign the agreement between the Town of Southold and Bowne Management Company, Inc. for this Needs Assessment, all in accordance with the approval of the Town Attorney. Southold Town Meeting Agenda - December 14, 2010 Page 13 ? Vote Record - Resolution RES-2010-993 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? ??Christopher Talbot Supervisor's Appt ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2010-994 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Amend Resolution No. 2010-248 RESOLVED amends Resolution No. that the Town Board of the Town of Southold hereby 2010-248, adopted on March 23, 2010, to read as follows: RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Agreement with JBH Environmental Restoration, 194 Atlantic Avenue, Garden City, NY, in connection with the Peconic Community Center plus furnish and cut all required rough Improvement Project, in the amount of $21,225, openings as needed to accommodate the new mechanical work proposed at a cost of $255.00 each , all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-994 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ?????????? Supervisor's Appt Christopher Talbot ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2010-995 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept 2011 Sand Bid RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Sound Shore Excavating Corp., in the amount of $13.35 per cubic yard, for supplying Bulk Screened Sand for Ice Control and Highway Maintenance to the Highway Department for the 2011 calendar year, subject to the approval of the Town Attorney, and be it further Southold Town Meeting Agenda - December 14, 2010 Page 14 RESOLVED that Supervisor Scott A. Russell be authorized and directed to execute an agreement with Sound Shore Excavating Corp., all in accordance with the Town Attorney. ? Vote Record - Resolution RES-2010-995 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? ??Vincent Orlando Withdrawn ?????????? Supervisor's Appt Christopher Talbot ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2010-996 CATEGORY: Bid Acceptance DEPARTMENT: Police Dept Accept the Bid of Hoppy’s Cleaners to Clean Southold Town Police Uniforms RESOLVED accepts the bid of Hoppy’s that the Town Board of the Town of Southold hereby Cleaners to clean Southold Town Police Uniforms for calendar year 2011 in the amounts indicated on the bid submitted, all in accordance with the Town Attorney. ? Vote Record - Resolution RES-2010-996 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? ??Christopher Talbot Supervisor's Appt ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2010-997 CATEGORY: Bid Acceptance DEPARTMENT: Police Dept Accept the Bid of Charles Greenblatt, Inc. to Supply the Town with Police Uniforms for 2011 RESOLVED accepts the bid of Charles that the Town Board of the Town of Southold hereby Greenblatt, Inc. to supply the town with Police Uniforms for 2011 in the amounts indicated on the bid submitted, all in accordance with the Town Attorney. Southold Town Meeting Agenda - December 14, 2010 Page 15 ? Vote Record - Resolution RES-2010-997 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? ??Christopher Talbot Supervisor's Appt ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2010-998 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Mods Fiscal Impact: Replace grinder computer module; repairs to office heating system. RESOLVEDmodifies the 2010 Solid that the Town Board of the Town of Southold hereby Waste Management District budget as follows: From: SR 8160.4.100.650 Garbage Bags $ 2,000.00 To: SR 8160.4.100.596 Maint/Supply CBI Grinder $ 1,550.00 SR 8160.4.100.800 Maint Facilities/Grnds 450.00 ? Vote Record - Resolution RES-2010-998 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? ??Christopher Talbot Supervisor's Appt ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2010-999 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept 2011 Gasoline Bid RESOLVEDaccepts the bid[s] from that the Town Board of the Town of Southold hereby Petro Commercial Services, at a price of $0.1475 per gallon fixed differential above the Southold Town Meeting Agenda - December 14, 2010 Page 16 Northville Rack Price, for supplying the Town of Southold with both Unleaded Gasoline [Ethanol] and Unleaded Plus Gasoline [Ethanol], respectively, for the 2011 calendar year, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-999 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? ??Vincent Orlando Withdrawn ?????????? Supervisor's Appt Christopher Talbot ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2010-1000 CATEGORY: Bid Acceptance DEPARTMENT: Public Works 2011 Heating Fuel Oil RESOLVED accepts the bid of Burt’s that the Town Board of the Town of Southold hereby Reliable, 1515 Young’s Avenue, Southold, NY to supply the town with heating fuel oil for 2011 at $0.1450 per gallon over the Northville Rack Price , subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-1000 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? ??Vincent Orlando Withdrawn ?????????? Supervisor's Appt Christopher Talbot ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2010-1001 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept 2011 Diesel Fuel RESOLVEDaccepts the bid from Petro that the Town Board of the Town of Southold hereby Commercial Services, at a fixed differential price of $0.1300 per gallon over the Northville Rack Price, for supplying the Town of Southold with ultra low sulfur diesel fuel for the 2011 calendar year, subject to the approval of the Town Attorney. Southold Town Meeting Agenda - December 14, 2010 Page 17 ? Vote Record - Resolution RES-2010-1001 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? ??Vincent Orlando Withdrawn ?????????? Supervisor's Appt Christopher Talbot ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2010-1002 CATEGORY: Bid Acceptance DEPARTMENT: Human Resource Center Accept the Bid of Arshamomaque Dairy Farm, Inc. to Supply the Senior Nutrition Programs with Milk RESOLVEDaccepts the bid of that the Town Board of the Town of Southold hereby Arshamomaque Dairy Farm, Inc. to supply the Senior Nutrition Programs with milk option ¢ #1 at a rate of .29 per ½ pint for the calendar year 2011, all in accordance with the Town Attorney. ? Vote Record - Resolution RES-2010-1002 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ?????????? Supervisor's Appt Christopher Talbot ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2010-1003 CATEGORY: Bid Acceptance DEPARTMENT: Fishers Island Ferry District FIFD Tractor Bid RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated December 7, 2010, accepting the bid of Fishers Island Village Market Realty Holding Co. to purchase the blue and white Ford Tractor, as is for the amount of $1025.00. Southold Town Meeting Agenda - December 14, 2010 Page 18 ? Vote Record - Resolution RES-2010-1003 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ???????? ??Christopher Talbot Supervisor's Appt ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2010-1004 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint PT Clerk Tax Receiver’s Office RESOLVEDappoints Amy Burns to the that the Town Board of the Town of Southold hereby position of Part-Time Clerk in the Tax Receiver’s Office at a rate of $11.95 per hour, effective December 16, 2010 through July 31, 2011. Position not to exceed 17.5 hours per week. ? Vote Record - Resolution RES-2010-1004 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ?????????? Supervisor's Appt Christopher Talbot ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2010-1005 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification- Police Department Fiscal Impact: To purchase pushbars and wraps for police vehicles to prevent damage to from deer. RESOLVEDmodifies the 2010 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $15,624 To: A.3120.2.500.875 Police, C.E Southold Town Meeting Agenda - December 14, 2010 Page 19 Other Vehicle Equipment $15,624 ? Vote Record - Resolution RES-2010-1005 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ?????????? Supervisor's Appt Christopher Talbot ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2010-1006 CATEGORY: Budget Modification DEPARTMENT: Land Preservation 2010 Land Management Bud Mod Fiscal Impact: To cover cell phone RESOLVEDmodifies the 2010 Land that the Town Board of the Town of Southold hereby Management Coordination budget as follows: From: A.1989.1.100.200 Full Time Overtime $100.00 To: A.1989.4.200.200 Cell Service $100.00 ? Vote Record - Resolution RES-2010-1006 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ?????????? Supervisor's Appt Christopher Talbot ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2010-1007 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH 1/4 4:32 Pm - LL/Dog Licenses - Set For Southold Town Meeting Agenda - December 14, 2010 Page 20 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th County, New York, on the 14 day of December, 2010, a Local Law to amend Chapter 83 of the Town Code of the Town of Southold entitled “Animals” to comply with new State regulations regarding the licensing of dogs. RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the following Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the th 4 day of January, 2011 at 4:32 p.m. at which time all interested persons will be given an opportunity to be heard. LOCAL LAW NO. 2011 A Local Law entitled, “Animals” to comply with new State regulations regarding the licensing of dogs. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 83 of the Code of the Town of Southold is hereby amended by deleting the stricken words and adding the underlined words as follows: ARTICLE III Dog License Fees Licensing and Identification §83-16. Legislative Authority. This Article is enacted pursuant to the provisions of (Chapter 59; Part T of the Laws of 2010) Article 7 of the Agriculture and Markets Law and the Municipal Home Rule Law of the State of New York. §83-17. Purpose. The Town Board of the Town of Southold hereby finds and declares that the purpose of this Article is to provide for the licensing and identification of dogs in an effort to control and protect the Town’s dog population and for the health, safety and welfare of the residents of the Town of Southold. §83-18. Definitions. For the purpose of this Article, the terms used herein are defined as follows: AGRICULTURE AND MARKETS LAW – The Agriculture and Markets Law of the State of New York in effect as of the effective date of this Chapter, as amended by this Chapter, and as thereafter amended. Southold Town Meeting Agenda - December 14, 2010 Page 21 IDENTIFICATION TAG – A tag issued by the Town Clerk which sets forth the identification number together with the name of the Town and State, the telephone number of the Town Clerk, and any other information deemed necessary by the Town Clerk. OWNER – means any person who harbors or keeps any dog or other animal. OWNER OF RECORD – means the person in whose name a dog was last licensed pursuant to this Chapter. 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. RESIDENT – An individual who maintains a residence within the Town of Southold, County of Suffolk, State of New York. TOWN – means the Town of Southold, County of Suffolk, State of New York. RUN AT LARGE – means to be in a public place or on private land without the knowledge, consent and approval of the owner of such lands. §83-19. Licensing of Dogs. A. No person shall own or possess a dog within the Town unless such dog is licensed and identified as provided in Article 7 of the Agriculture and Markets Law and laws of the Town. B. All dogs within the Town that are four (4) months of age or older, unless otherwise exempted, shall be licensed. No license shall be required for any dog which is under the age of four months and which is not at large. C. The owner of each dog required to be licensed shall obtain, complete and return to the Town Clerk a dog license application together with the license application fee, any applicable license surcharges and such additional fees as may be established by the Town. §83-20. Licenses issued only by Town Clerk. The Town does not allow the licensing of dogs by a shelter. The shelter must send the adoptive dog owners to the Office of the Town Clerk for the purchase of the license for adoption purposes. §83-21. Proof of Vaccination against Rabies. Each license application shall be accompanied by proof that the dog has been vaccinated against Southold Town Meeting Agenda - December 14, 2010 Page 22 rabies or a statement from a licensed veterinarian that such vaccination would endanger the dog’s life in which case vaccination shall not be required. §83-22. Term of License and Renewals. Each license issued pursuant to this Local Law shall be valid for a period of one year and shall expire on the last day of the last month of the period for which it was issued. No license shall be issued for a period expiring after the last day of the eleventh month following the expiration date of the current rabies certificate for the dog being licensed. §83-23. Fees. A. Individual Dog License Fee 1. $10.00 for a spayed or neutered dog 2. $15.00 for an unspayed or unneutered dog B. State Mandated Animal Population Control Surchage 1. Each individual dog license for a spayed or neutered dog shall be subject to an Animal Population Control Surcharge in the amount of $1.00 payable at the time the dog license application is filed. 2. Each individual dog license for an unspayed or unneutered dog shall be subject to an Animal Population Control Surcharge in the amount of $3.00 payable at the time the dog license application is filed. C. Dog Enumeration Surcharge Each dog found to be unlicensed during a Town dog enumeration, shall be subject to a $15.00 dog enumeration surcharge payable at the time the application is filed to license said dog. D. Replacement Tag Fee A replacement tag fee of $3.00 shall be charged to offset the costs associated with the provision and replacement of identification tags. E. Fee Exemptions 1. There shall be no fee for any license issued for the following: guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog, therapy dog. 2. Each copy of any license for such dogs shall be conspicuously marked “Guide Dog”, “Hearing Dog”, “Service Dog”, “Working Search Dog”, “War Dog”, “Detection Dog”, “Police Work Dog”, or “Therapy Dog”, as may be appropriate by the Clerk. §83-24. Issuance of license; identification tag. A. Upon validation by the Town Clerk, a dog license shall be issued and a record of its issuance retained in the office of the Town Clerk. Such record shall be made available upon request to the State Commissioner of Agriculture and Markets, or successor thereof. B. No license shall be transferable. Upon the transfer of ownership of any dog, the new owner shall immediately apply for a new license for the dog. A license cannot be transferred to another dog owner. Southold Town Meeting Agenda - December 14, 2010 Page 23 C. Change of Ownership, Lost or Stolen Dogs 1. Upon the transfer of ownership of any dog, the new owner shall immediately make application for a license for such dog. The original issued identification tag shall remain the same for the life of the dog. 2. In the event of a change in ownership of any dog that has been assigned an official identification number, or in the event of a change of address of the owner of record of any such dog, the owner of record shall, within ten days of such change, notify the Town Clerk. 3. If any dog which has been assigned an official identification number is lost or stolen, the owner of record shall, within ten days of the discovery of such loss or theft, notify the Town Clerk. 4. In the case of a dog’s death, the owner of record shall so notify the Town Clerk either prior to renewal of license or upon the time of such renewal. D. Identification tag 1. The Town Clerk shall assign a Town permanent official identification number to a dog when it is first licensed. Such identification number shall be carried by the dog on an identification tag which shall be affixed to the collar of the dog at all times. 2. No tag carrying an identification number shall be affixed to the collar of any dog other than the one to which the number has been assigned. 3. Any person wishing to replace a tag previously issued shall pay the sum of $3.00 dollars to the Town Clerk for a replacement tag. §83-25. Penalties. Any person convicted of a violation of this Article shall be liable for a civil penalty of $10.00 for a first violation, of $20.00 for a second violation, and $30.00 for each subsequent violation. §83-26. Repeal of Inconsistent Local Laws or Ordinances. This Local Law shall supersede all prior inconsistent Local Laws, Ordinances, Rules and Regulations relative to the licensing of dogs within the Town. All prior inconsistent Local Laws, Ordinances, Rules and Regulations shall be, upon the effectiveness of this Local Law, null and void. § 83-16. License fees. A. Commencing on October 1, 1979, and until November 30, 1990, the license fee for dogs, inclusive of other statutory charges, is hereby set as follows: (1) Five dollars for a spayed or neutered dog. (2) Ten dollars for an unspayed or unneutered dog. B. Commencing on December 1, 1990, the license fee for dogs, inclusive of other statutory charges, is set as follows: (1) Ten dollars for a spayed or neutered dog. (2) Fifteen dollars for an unspayed or unneutered dog. Southold Town Meeting Agenda - December 14, 2010 Page 24 II. 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. 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-2010-1007 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ?????????? Supervisor's Appt Christopher Talbot ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2010-1008 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH 1/18 7:32 Pm - LL/ZBA Fees & Deer Fence Fees - Set For 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 14 day of December, 2010, a Local Law entitled relation to Amendments to Chapter 280, Zoning, in connection with ZBA Application Fees and Chapter 144, Fire Prevention and Building Code Administration, in connection with Deer Exclusion Fences Permit Fees. 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 18 day of January, 2011 at 7:32 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 ZBA Application Fees and Chapter 144, Fire Prevention and Building Code Administration, in connection with Deer Exclusion Fences Permit Fees” reads as follows: LOCAL LAW NO. 2011 Southold Town Meeting Agenda - December 14, 2010 Page 25 “A Local Law in relation to Amendments to Chapter 280, Zoning, in A Local Law entitled, connection with ZBA Application Fees and Chapter 144, Fire Prevention and Building Code Administration, in connection with Deer Exclusion Fences Permit Fees” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has reviewed the Zoning Board of Appeals fees associated withapplications for variances under the Town Code, special exception permit, and other miscellaneous matters handled by the Zoning Board of Appeals, and have determined that said fees are outdated and require revision. Additionally, the Town Board is adding a fee for deer exclusion fencing under §280-105(C) to the listed building permit fees under §144-8. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-149. Fees. Applications to the Board of Appeals for any relief herein shall be accompanied by a fee as hereinafter provided: A. For area variance applications involving fences, accessory structures or accessory buildings, alterations or additions containing less than 200 square feet in floor area, the fee shall be $150 $250. B. For all other applications, including those involving commercial property, containing a single request (for example, an application requesting one variance or an application requesting a special exception), the fee shall be $400, except that the fee for a special exception for a bed-and-breakfast shall be $250. [Amended 2-7-1995 by L.L. No. 3- 1995] For area variance applications involving fences, accessory structures or accessory buildings, alterations or additions 200 square feet in floor area or more, the fee shall be $500. C. For applications containing more than one request, such as an application requesting an area variance and a width variance, the fee shall be $600 each additional variance request shall have a fee of $250 (if under 200 square feet) and $500 (if 200 square feet or more). D. For applications for interpretations on appeal from an order, decision or determination of an administrative officer, the fee shall be $200 $300 for each section of the Town Code for which an interpretation is requested. E. For applications for variances from Town Law § 280-a (rights-of-way), the fee shall be $250 $400. F. For applications for rehearings, the fees shall be the same as the fee charged for the original application. as follows: 1. A rehearing necessitated by an Amended Notice of Disapproval the fee shall be $250, plus $250 for each additional variance requested (under 200 square feet) and $500 for each additional variance requested (200 square feet or more). Southold Town Meeting Agenda - December 14, 2010 Page 26 2. Amended Decision requiring a hearing shall have a fee that is the same as the original application. 3. Reopening the record on an Appeal that has been closed shall have a fee that is the same as the original application. 4. A hearing that has been re-calendared because it was adjourned without a date shall have a fee of $250. G. For applications for public entertainment and special events permits, the fee shall be $50. H. For applications for a Special Exception Permit for a bed and breakfast, the fee shall be $750. I. For applications for a Special Exception Permit for an accessory apartment located within an accessory structure, the fee shall be $500. J. For all other Special Exception Permit applications involving property located in a residential zone, the fee shall be $750. K. For all Special Exception Permit applications involving property located in a non- residential zone, the fee shall be $1,200. L. For applications for a waiver of lot merger, the fee shall be $750. M. For all applications for a use variance, the fee shall be $1,000. N. For all applications for a variance of the provisions of Article XIX, Signs of this Chapter, the fee shall be $500 for each variance requested. O. For applications for a Special Exception Permit for public utility structures and uses, the fee shall be $1,000. §144-8. Building permit required; application for permit. K. Permit fees. (1) The following fees shall be paid upon the filing of an application with the Building Inspector for a building permit, which fees shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied: (a) Single-family dwellings: [1] New dwellings and alterations or additions to existing dwellings: $200, plus $0.40 for each square foot of floor area. [2] Accessory buildings and additions or alterations to existing accessory buildings: $100, plus $0.40 for each square foot of floor area. (b) Farm buildings and additions or alterations to existing farm buildings: $150 for each building. (c) Hotel, motel, multiple dwellings and business, industrial and all other buildings, including wineries: [1] New buildings and additions and alterations to existing buildings: $250, plus $0.40 for each square foot of floor area. [2] Accessory buildings and additions and alterations to existing accessory buildings: $100, plus $0.40 for each square foot of floor area. (d) Foundations constructed under existing buildings: $200. (e) In-ground swimming pools, together with required enclosure fencing: $250; aboveground swimming pools, together with required enclosure fencing: $250. (f) The permit fee for all signs shall be $75 per permit. Southold Town Meeting Agenda - December 14, 2010 Page 27 (g) Demolition and/or removal of any building: $100 minimum and $0.30 for each square foot of floor area. (h) Deer exclusion fences erected in accordance with §280-105(C): $75. (2) If an application is denied and a notice of disapproval is issued, the applicant shall pay a fee of $50. (3) For the purpose of this Subsection K, cellars, decks, attached garages and any habitable area shall be included in the calculation of floor area. (4) Preconstruction fee. If any land clearing or excavation or building or commencement of any construction activity is without the benefit of applicable Town permits, all fees associated with any land clearing or excavation or building or construction activity will be equal to double the otherwise applicable fee for all permits as provided by this chapter. (5) Notwithstanding the foregoing, no fee shall be required of or paid by taxing entities or districts, including but not limited to fire districts, school districts, park districts and the like. (6) In the event that a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee paid within one year of issuance, provided that no construction has commenced. 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-2010-1008 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ?????????? Supervisor's Appt Christopher Talbot ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2010-1009 CATEGORY: Legislation DEPARTMENT: Town Attorney LL/ZBA Fees to SCPC & PB Southold Town Meeting Agenda - December 14, 2010 Page 28 RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to forward the proposed Local Law entitled “A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with ZBA Application Fees and Chapter 144, Fire Prevention and Building Code Administration, in connection with Deer Exclusion Fences Permit Fees” to the Suffolk County Planning Commission and the Southold Town Planning Board for their review and recommendation. ? Vote Record - Resolution RES-2010-1009 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? ??Vincent Orlando Withdrawn ?????????? Supervisor's Appt Christopher Talbot ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2010-1010 CATEGORY: Employment - Town DEPARTMENT: Town Attorney MOA W/CSEA - Amended Salary Schedules RESOLVEDamends Resolution No. that the Town Board of the Town of Southold hereby 2010-774, adopted September 21, 2010, to read as follows: RESOLVEDratifies andapproves the that the Town Board of the Town of Southold hereby Memorandum of Agreement between the Town of Southold and the CSEA dated September 21, 2010 November 29, 2010, concerning the amendment of salary schedules for which has been ratified by the CSEA. certain titles, subject to the ratification of the CSEA ? Vote Record - Resolution RES-2010-1010 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? ??Vincent Orlando Withdrawn ?????????? Supervisor's Appt Christopher Talbot ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2010-1011 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Southold Town Meeting Agenda - December 14, 2010 Page 29 Authorizes and Directs Supervisor Scott A. Russell to Execute an Agreement Between the Town of Southold and Johnson Electrical Construction Corp. in Connection with Traffic Light Repairs and Maintenance Along County Route 48 RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and Johnson Electrical Construction Corp. in connection with traffic light repairs and maintenance along County Route 48 , at a cost of $550.00 per month plus an additional $5.50 per bulb fee, for a one year term, effective January 1, 2011, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-1011 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ?????????? Supervisor's Appt Christopher Talbot ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action 2010-1012 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Agreement Between the Town of Southold and the New York District, U.S. Army Corps of Engineers in Connection with the Mattituck Inlet Dredging, Section 111 Project RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and The New York District, U.S. Army Corps of Engineers in connection with the Mattituck Inlet Dredging, Section 111 Project , and the Town Board further designates James McMahon as the Town’s contact person for this Project, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2010-1012 ? Adopted ?? Adopted as Amended Yes/Aye No/Nay Abstain Absent ?? Defeated ? ? ? ? William Ruland ?? Tabled ???????? Vincent Orlando ?? Withdrawn ?????????? Supervisor's Appt Christopher Talbot ?? Tax Receiver's Appt ???????? Albert Krupski Jr. ?? Rescinded ???????? Louisa P. Evans ?? Town Clerk's Appt ???????? Scott Russell ?? Supt Hgwys Appt ?? No Action Motion To: Adjourn Town Board Meeting Southold Town Meeting Agenda - December 14, 2010 Page 30 RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at __________ P.M. * * * * * Linda J. Cooper Southold Deputy Town Clerk