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HomeMy WebLinkAboutAG-01/18/2011 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 AGENDA FINAL SOUTHOLD TOWN BOARD January 18, 2011 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 January 18, 2011 at Meeting Hall, 53095 Route 25, Southold, NY. I. REPORTS 1. Town Clerk December 2010 Quarterly Oct-Dec, 2010 Semi-Annual July-Dec 2010 Annual 2010 2. Justice Rudolph H. Bruer December 2010 3. Recreation Department Monthly Report Southold Town Meeting Agenda - January 18, 2011 Page 2 December 2010 4. Board of Trustees December 2010 5. Program for the Disabled December 2010 6. Department of Public Works December 2010 7. Special Projects Coordinator December 2010 8. Building Department December and Year End Summary 2010 9. Human Resource Center December 2010 10. Justice Louisa P. Evans December 2010 11. Justice William H. Price Jr. December 2010 12. Zoning Board of Appeals December 2010 13. Planning Board 4th Quarter 2010 II. PUBLIC NOTICES 1. N Y S New Liquor License Ettore’s East Inc., 28350 Main St., Cutchogue 2. NYS Liquor License Renewal North Fork Country Club, Moores Ln & Route 25, Cutchogue MGH Ent. Inc/Orient by the Sea, 40200 Main Rd., Orient Bedell North Fork LLC d/b/a Bedell Cellars, 36225 Main Rd., Cutchogue 3. Request to U S Army Corps of Engineers Margaret Robbins Charpenier, Fishers Island Sound - to construct a 4’ x 92’ and 4’ x 50’ sections of fixed pier; install 5 batter braced tie-off piles III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 a M - Public Hearing: CEM Appeal re: Orient Wharf Permit 2. 10:00 AM - Rich Hokinsen, Damon Rallis Code Enforcement 3. 10:15 AM - Phillip Beltz, Lloyd Reisenberg Social Networking 4. 10:30 AM - Patrice Keitt, Michael Manuelian, Gregory Welch East End Light Theater re: Peconic School 5. 11:00 AM - John Cushman Southold Town Meeting Agenda - January 18, 2011 Page 3 Bonded Indebtedness 6. 11:30 AM - Bowne Management GIS Grant 7. 12:00 Noon - Dawn Bennett, North Fork School for Dogs Dog Park 8. 12:20 PM - Heather Lanza Pine Barrens TDRs 9. Heather Lanza - Sanitary Flow Credits 10. Heather Lanza - Comprehensive Plan Update 11. 12:50 Pm - Lunch 12. 1:30 PM - Melissa Spiro, LPC CPF Regulations and Intermunicipal Agreement 13. Troop 39 BSA Request for Use of Laurel Lake Preserve 14. Draft Local Law Re: Carter Licensing Requirement 15. Storm Damage Update 16. Board of Ethics Vacancy 17. LL for ZBA Fees and Deer Fence Fees 18. Executive Session - Labor Contract Negotiations Matters involving employment of particular person/s 19. Executive Session - Litigation Strategy Meyran vs. Town of Southold Eugene & Joan Kuchner vs. ZBA and John & Sharon Wren V. RESOLUTIONS 2011-80 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Town Board Meeting of the Southold Town Board be Held at 4:30 PM on Tuesday, February 1, 2011 RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held at 4:30 PM on Tuesday, February 1, 2011 at the Southold Town Hall, Southold, New York ? Vote Record - Resolution RES-2011-80 ? 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 Southold Town Meeting Agenda - January 18, 2011 Page 4 2011-81 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby January 18, 2011. ? Vote Record - Resolution RES-2011-81 ? 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 2011-54 Tabled 1/4/2011 4:30 PM CATEGORY: Bid Acceptance DEPARTMENT: Solid Waste Management District 2011 Town Garbage Bag Bid RESOLVED accepts the bid of that the Town Board of the Town of Southold hereby Resourceful Bag & Tag, Inc. to supply the town with Municipal Garbage Bags at the per-bag price of $ 0.118, $ 0.207, and $ 0.286 respectively for “Small”, “Medium”, and “Large” bags, all in accordance with the Town Attorney. ? Vote Record - Resolution RES-2011-54 ? 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 2011-82 CATEGORY: Budget Modification DEPARTMENT: Planning Board Planning Dept 2010 Budget Mod Southold Town Meeting Agenda - January 18, 2011 Page 5 Fiscal Impact: To cover the cost of two summer 2010 interns RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby Part Town 2010 budget as follows: From: B.8020.1.100.100 Planning, Full-time Regular Earnings $11,652 To: B.8020.1.300.100 Planning, Seasonal Regular Earnings $11,652 ? Vote Record - Resolution RES-2011-82 ? 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 2011-83 CATEGORY: Budget Modification DEPARTMENT: Data Processing Fishers Island Video Conf. Budget Modification Fiscal Impact: The high speed internet connection for the Fishers Island Video Conferencing project is going to cost the Town $100/month. Without this the connection speed will be to slow to support the required connectivity for video conferencing. modifies the 2011 General RESOLVED that the Town Board of the Town of Southold hereby Fund, Whole Town budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $1200.00 To: A.1680.4.200.300 Internet Service $1200.00 Southold Town Meeting Agenda - January 18, 2011 Page 6 ? Vote Record - Resolution RES-2011-83 ? 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 2011-84 CATEGORY: Attend Seminar DEPARTMENT: Town Attorney Grants Permission to Town Attorney, Martin D. Finnegan, to View the Seminar Entitled “Public Contracts and Procurement Regulations RESOLVEDgrants permission to Town that the Town Board of the Town of Southold hereby Attorney, Martin D. Finnegan, to view the seminar entitled “Public Contracts and Procurement Regulations”. All fees are to be a legal charge to the 2011 Town Attorney budget. ? Vote Record - Resolution RES-2011-84 ? 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 2011-85 CATEGORY: Strawberry Fields DEPARTMENT: Recreation Peconic Bay Automobile Club 2011 RESOLVEDPeconic that the Town Board of the Town of Southold hereby grants permission to Bay Region/Antique Automobile Club of America to hold a Benefit Car Show on Saturday, May 28Strawberry Fields in Mattituck from 7:00 a.m. - 7:00 (Rain date Sunday, May 29) at p.m. provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold and Suffolk County as additional insured and contact Captain Flatley upon receipt of the approval of the resolution to coordinate traffic control. Any fees associated with this approval shall be waived. Southold Town Meeting Agenda - January 18, 2011 Page 7 Please note:Special Events Permit An application for a shall be made to the Town Board of least 60 days prior the Town of Southold at to the proposed date of the event and filed with the Town Clerk, together with a fee of $100; a cleanup deposit fee of $250; deposit for remuneration of Police costs to be determined by the Police Department; and a certificate of insurance not less than $1,000,000 naming the Town of Southold as an additional insured during the time of the event. ? Vote Record - Resolution RES-2011-85 ? 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 2011-86 CATEGORY: Budget Modification DEPARTMENT: Planning Board 2010 Budget Modification - Planning Fiscal Impact: The cost to travel back and forth to Fishers Island has increased. RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby Part Town 2010 budget as follows: From: B.8020.1.100.100 Planning, Full Time Regular Earnings $244 Total $244 To: B.8020.4.600.300 Planning, Travel & Reimbursement $243 B.8020.1.200.100 Planning, Part Time Regular Earnings 1 Total $244 ? Vote Record - Resolution RES-2011-86 ? 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 Southold Town Meeting Agenda - January 18, 2011 Page 8 2011-87 CATEGORY: Strawberry Fields DEPARTMENT: Recreation Strawberry Festival 2011 RESOLVED that the Town Board of the Town of Southold does hereby grant permission to the Mattituck Lions Club to use Strawberry Fields in Mattituck from June 14 - 21, 2010 for the annual Strawberry Festival. Applicant must file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold and the County of Suffolk as additional insured’s. Please note:special events permit An application for a shall be made to the Town Board of the at least 60 days prior Town of Southold to the proposed date of the event and filed with the Town Clerk, together with a fee of $100; a cleanup deposit fee of $250; and a certificate of insurance not less than $1,000,000 naming the Town of Southold as an additional insured during the time of the event. ? Vote Record - Resolution RES-2011-87 ? 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 2011-88 CATEGORY: Strawberry Fields DEPARTMENT: Recreation East End Green Fest 2011 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Syd and Strawberry Fields in Mattituck for the East End GreenFest on Deborah Dufton to use October 1 & 2, 2011 (Saturday and Sunday) from 8:00 AM to 8:00 PM. Set-up on September 30 and breakdown and field restoration on October 2, subject to the payment by applicant of $250.00 to the Southold Town Clerk and the approval of the Town Attorney. Applicant must file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold and the County of Suffolk as additional insured. Please note:special event permit An application for a shall be made to the Town Board of the at least 60 days prior Town of Southold to the proposed date of the event and filed with the Town Clerk, together with a fee of $100; a cleanup deposit fee of $250; a deposit for Southold Town Meeting Agenda - January 18, 2011 Page 9 remuneration for police coverage to be determined by the Police Department; and a certificate of insurance not less than $1,000,000 naming the Town of Southold as an additional insured during the time of the event. ? Vote Record - Resolution RES-2011-88 ? 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 2011-89 CATEGORY: Budget Modification DEPARTMENT: Public Works DPW Budget Modification 2010 Fiscal Impact: End of the year budget modifications RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby Whole Town 2010 budget as follows: From: A.1620.4.200.300 Building & Grounds, Utilities (Gas) $17,042 A.5182.4.200.250 Street Lighting, Street Light Power 18,000 A.8660.1.100.400 Comm. Development, Full-Time Sick Earnings 5,400 Total $40,442 To: A.1490.1.100.300 Public Works Admin, Full-time Vacation Earnings $1,729 A.1490.1.100.400 Public Works Admin, Full-time Sick Earnings 791 A.1620.1.100.100 Building & Grounds, Full-time Regular 11,900 A.1620.1.100.200 Building & Grounds, Full-time Over-time 11,400 A.1620.1.100.300 Building & Grounds, Full-time Vacation Earnings 5,869 A.1620.1.100.400 Building & Grounds, Full-time Sick Earnings 3,052 A.1620.4.600.700 Building & Grounds, License & Permits 301 A.8660.1.100.300 Comm. Development, Full-Time Vacation Earnings 5,400 Total $40,442 Southold Town Meeting Agenda - January 18, 2011 Page 10 ? Vote Record - Resolution RES-2011-89 ? 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 2011-90 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification- Police Department Fiscal Impact: To fix over expended budget lines for 2010 for the following reasons. Public Safety Communications overtime, holiday and part-time employee earnings were more than anticipated due to personnel shortage throughout the year. Police overtime was more than anticipated due to special tours for Sergeant shortage throughout the year. More Gasoline & Oil was used than anticipated due to the overtime. Bay Constable overtime and Gasoline & Oil was more than anticipated due to more call outs than budgeted for. RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby Whole Town 2010 budget as follows: From: A.3020.1.100.100 Public Safety Communications, FT Regular Earnings $10,173 A.3120.1.100.100 Police, FT Regular Earnings 57,006 A.3120.2.500.775 Police, In Car Video Equipment 2,769 A.3120.2.500.800 Police, Light Bars 3,760 A.3130.1.100.500 Bay Constable, FT Holiday Earnings 2,127 A.3130.4.100.600 Bay Constable, Uniforms & Accessories. 389 Total $76,224 To: A.3020.1.100.200 Public Safety Communications, FT Overtime Earnings $5,596 A.3020.1.100.500 Public Safety Communications, FT Holiday Earnings 3,685 A.3020.1.200.100 Public Safety Communications, PT Regular Earnings 892 A.3120.1.100.200 Police, Full Time Overtime Earnings 43,622 A.3120.1.100.400 Police, Full Time Sick Earnings 6,860 A.3120.1.300.100 Police, Seasonal Regular Earnings 6,524 A.3120.4.100.125 Police, Law Book Service 115 A.3120.4.100.200 Police, Gasoline & Oil 6,414 A.3130.1.100.200 Bay Constable, FT Overtime Earnings 2,127 A.3130.4.100.200 Bay Constable, Gasoline & Oil 389 Southold Town Meeting Agenda - January 18, 2011 Page 11 Total $76,224 ? Vote Record - Resolution RES-2011-90 ? 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 2011-91 CATEGORY: Budget Modification DEPARTMENT: Accounting Create Capital Budget for EPayroll Fiscal Impact: Formally create an appropriation in the 2011 Capital Fund for ePayroll implementation. Monthly maintenance fees ($250) and annual secure SSL License Fee ($175) to be charged to the Operating Budget. WHEREAS the Town Board of the Town of Southold adopted a 2011 Capital Budget which includes a $3,000 appropriation for the implementation fee for ePayroll, and WHEREAS the Town’s Capital Budgeting process requires a resolution to formally establish a Capital Budget item in the Capital Fund, and WHEREAS the implementation fee quoted is $2,500, now therefore be it RESOLVED authorizes the that the Town Board of the Town of Southold hereby establishment of the following Capital Project in the 2011 Capital Fund : Capital Project Name:ePayroll Financing Method: Transfer from General Fund Whole Town Budget: Revenues: H.5031.10 Interfund Transfers $2,500 Appropriations: H.1680.2.500.500 Central Data Processing Capital Outlay ePayroll $2,500 Southold Town Meeting Agenda - January 18, 2011 Page 12 ? Vote Record - Resolution RES-2011-91 ? 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 2011-92 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Accounting Execute Agreement for EPayroll RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute a Web Services Agreement with D&T Ventures in connection with the ePayroll application in the amount of $2,500 for implementation, $175 annually for the Secure SSL Certificate Fee, and $250 per month for maintenance and hosting subject to a maximum increase of 5% per year, for a term of 3 years starting on the date of execution of said agreement, implementation shall be a legal charge to the 2011 Capital Budget, H.1680.2.500.500 (ePayroll) and annual and monthly fees shall be a legal charge to the Central Data Processing budget, A.1680.4.400.563 (ePayroll Maintenance) all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2011-92 ? 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 2011-93 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for EPayroll Maintenance Fiscal Impact: Provide appropriation for annual fee and monthly hosting for ePayroll not included in 2011 budget (implementation was included in the Capital Budget) Southold Town Meeting Agenda - January 18, 2011 Page 13 RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby Whole Town 2011 budget as follows: From: A.1680.4.400.558 PC Software Maintenance $2,700 A.9901.9.000.100 Transfer to Capital Fund 500 To: A.1680.4.400.563 ePayroll Maintenance $3,200 ? Vote Record - Resolution RES-2011-93 ? 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 2011-94 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Land Preservation Engage the Professional Services of the Peconic Land Trust, Incorporated to Perform Conservation Planning, Acquisition, and Professional Services Related to the Town’s Land Preservation Efforts RESOLVED engages the professional that the Town Board of the Town of Southold hereby services of the Peconic Land Trust, Incorporated perform Conservation Planning, to Acquisition, and Professional Services related to the Town’s land preservation efforts , and authorizes the Supervisor to sign the agreement between the Peconic Land Trust, Incorporated and the Town of Southold, subject to review of the contract language by the Town Attorney. not exceed fifty-five thousand ($55,000.00) dollars Compensation shall . The contract term January 1, 2011 to December 31, 2011 shall be from . Invoices submitted under this contract shall be a legal charge to the 2011 Community Preservation Fund budget H3.8710.2.400.100 (Land Use Consultants). ? Vote Record - Resolution RES-2011-94 ? 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 Southold Town Meeting Agenda - January 18, 2011 Page 14 2011-95 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Land Preservation Engage the Professional Services of the Nature Conservancy to Perform Conservation Planning, Acquisition, and Professional Services Related to the Town’s Land Preservation Efforts RESOLVED engages the professional that the Town Board of the Town of Southold hereby services of The Nature Conservancy to perform Conservation Planning, Acquisition, and Professional Services related to the Town’s land preservation efforts , and authorizes the Supervisor to sign the agreement between The Nature Conservancy and the Town of Southold, shall not subject to review of the contract language by the Town Attorney. Compensation exceed fifteen thousand ($15,000.00) dollarsJanuary 1, 2011 . The contract term shall be from to December 31, 2011 . Invoices submitted under the terms of this contract shall be a legal charge to the 2011 Community Preservation Fund budget H3.8710.2.400.100 (Land Use Consultants). ? Vote Record - Resolution RES-2011-95 ? 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 2011-96 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification Goldsmiths Dredging Review Fiscal Impact: Fund the Goldsmiths Inlet Dredge Review engagement of EDesign Dynamics ($7,025 engagement, only $1,595 in appropriation line). RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby 2010 budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $5,500 To: A.1620.4.400.300 Dredging Goldsmiths Inlet $5,500 Southold Town Meeting Agenda - January 18, 2011 Page 15 ? Vote Record - Resolution RES-2011-96 ? 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 2011-97 CATEGORY: Budget Modification DEPARTMENT: Land Preservation Budget Mod 2010 Land Preservation Fiscal Impact: Anticipated 2010 legal counsel fees were under budgeted. 2010 land acquisitions and closing expenses were greater than yearly anticipation. Accumulated overtime hours for Land Preservation Coordinator totaled more than anticipated for 2010 resulting in additional expenditures for earnings, payroll taxes, and social security. RESOLVEDhereby modifies the Community that the Town Board of the Town of Southold Preservation Fund 2010 budget as follows: From: H3.8660.2.500.200 Appraisals $ 2,578 H3.9730.6.100.100 BAN Principal 454,551 Total $457,129 To: H3.8660.2.500.100 Legal Counsel $ 2,578 H3.8660.2.600.100 Land Acquisitions 450,000 H3.1980.4.000.000 MTA Payroll Tax 50 H3.8710.1.100.100 F/T Employee Regular Earnings 1 H3.8710.1.100.200 F/T Employee Overtime Earnings 3,700 H3.9030.8.000.000 Employee Benefits Social Security 800 Total $457,129 Southold Town Meeting Agenda - January 18, 2011 Page 16 ? Vote Record - Resolution RES-2011-97 ? 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 2011-98 CATEGORY: Employment - Town DEPARTMENT: Accounting Authorizes PT HHA Diane Gatz to Work Full Time WHEREAS full-time employee # _5700___ in the Town’s Programs for the Aging has taken ill and is expected to be out of work for approximately 4 weeks and WHEREAS the Town Board has determined that the Town’s Programs for the Aging requires full-time coverage, now therefore be it RESOLVED part-time Home that the Town Board of the Town of Southold hereby authorizes Health Aide Diane Gatz to work full-time to cover this absence starting on January 18, 2011; rate of pay at Ms. Gatz’s existing rate of $13.56 per hour. ? Vote Record - Resolution RES-2011-98 ? 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 2011-99 CATEGORY: Budget Modification DEPARTMENT: Highway Department 2010 Budget Modification - Highway Fiscal Impact: The reason for this budget modification is due to the fact that these line item(s) need to be increased as there was insufficient funding in these respective line items. Southold Town Meeting Agenda - January 18, 2011 Page 17 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 Highway Fund Part Town budget as follows: To: DB.5110.1.100.100 General Repairs Personal Services Full Time Employees Regular Earnings $ 19,925.00 DB.5110.4.100.200 General Repairs Contractual Expense Supplies & Materials Fuel/Lubricants 2,424.00 DB.5110.4.100.905 General Repairs Contractual Expense Supplies & Materials Asphalt Patch 2,300.00 DB.5130.4.100.550 Machinery Contractual Expense Supplies & Materials Tires 9,847.00 DB.5140.4.100.125 Brush & Weeds/Miscellaneous Contractual Expense Supplies & Materials Miscellaneous Supplies 2,745.00 DB.5140.4.100.600 Brush & Weeds/Miscellaneous Contractual Expense Supplies & Materials Uniforms 770.00 DB.5140.4.100.900 Brush & Weeds/Miscellaneous Contractual Expense Supplies & Materials Landscaping Materials 60.00 DB.5140.4.400.100 Brush & Weeds/Miscellaneous Contractual Expense Contracted Services Cleanup Week Debris Disposal 12,342.00 DB.5140.4.600.600 Brush & Weeds/Miscellaneous Contractual Expense Miscellaneous Dues & Subscriptions 357.00 DB.5140.4.600.700 Brush & Weeds/Miscellaneous Contractual Expense Miscellaneous Licenses 326.00 DB.5142.4.100.920 Snow Removal Contractual Expense Southold Town Meeting Agenda - January 18, 2011 Page 18 Supplies & Materials Sand 2,700.00 DB.5142.4.100.935 Snow Removal Contractual Expense Supplies & Materials Rock Salt 16,207.00 TOTAL: $ 70,003.00 From: DB.5140.1.100.100 Brush & Weeds/Miscellaneous Personal Services Full Time Employees Regular Earnings 70,003.00 TOTAL: $70,003.00 ? Vote Record - Resolution RES-2011-99 ? 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 2011-100 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to Detective Sergeant John Sinning to Attend MAGLOCLEN Seminar RESOLVED grants permission to that the Town Board of the Town of Southold hereby Detective Sergeant John Sinning to attend the Middle Atlantic Great Lakes Organized Crime Law Enforcement Network (MAGLOCLEN) 2011 Annual Conference in Pittsburgh, PA commencing on Monday, April 4 through Thursday, April 7, 2011. All expenses for registration and meals to be a legal charge to the 2011 Police Training Budget line – A.3120.4.600.200. ? Vote Record - Resolution RES-2011-100 ? 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 Southold Town Meeting Agenda - January 18, 2011 Page 19 2011-101 CATEGORY: Grants DEPARTMENT: Town Clerk 2011-2012 LGRMIF NYSED Grant Application for Geographic Information System RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Active Records Category Cooperative Local Government Records Management Improvement Fund (LGRMIF) grant application as lead agency, together with the Village of Greenport , to the New York State Education Department, New York State Archives and Records Administration, under the 2011-2012 (LGRMIF) Local Government Records Management Information Fund grant program for a Enterprise-Wide Geographic Information System, in the amount of $100,000. ? Vote Record - Resolution RES-2011-101 ? 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 2011-102 CATEGORY: Attend Seminar DEPARTMENT: Planning Board Grant Permission to Heather Lanza, Planning Director, to Attend the 2011 APA National Planning Conference in Boston, MA from April 9-11, 2011 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Heather Lanza, Planning Director, to attend the 2011 APA National Planning Conference Boston, MA from April 9-11, 2011 in . All expenses for registration, travel and meals to be a legal charge to the 2011 Planning Budget (Meetings & Seminars: B.8020.4.600.200). ? Vote Record - Resolution RES-2011-102 ? 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 Southold Town Meeting Agenda - January 18, 2011 Page 20 2011-103 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk GIS Steering Committee RESOLVED that the Town Board of the Town of Southold hereby creates a GIS Steering Committee for the following purposes: ?? Provide recommendations for initiatives stemming from the direct needs of the GIS user community; ?? Prepare recommendations on budget, staffing and projects for the Supervisor and Town Board, and the Village Administrator and Village Trustees; ?? Coordinate the GIS activities of the Town and Village; ?? Create subcommittees as needed and within established guidelines; ?? Manage and coordinate the activities of the subcommittees; AND be it FURTHER RESOLVED that the Town Board of the Town of Southold hereby appoints the following individuals as members of this GIS Steering Committee: Phillip Beltz, Deputy Supervisor (Executive Member) Christopher M. Talbot, Councilman (Executive Member) John Sepenoski, Technical Coordinator (Executive Member) Lloyd Reisenberg, Network Administrator (Executive Member) Elizabeth Neville, Town Clerk, RMO (Executive Member) Robert Scott, Chairman, Board of Assessors Lauren Standish, Secretarial Assistant, Board of Town Trustees James A. Richter, Engineering Department Eileen Wingate, Administrator, Village of Greenport Curtis Davids, or designee, Highway Department Karen McLaughlin, Director of Human Services Heather Lanza, and/or Mark Terry, Planning Department Leslie Weisman, Chairman Zoning Board of Appeals Melissa Spiro, Coordinator of Land Preservation Department Chief Carlisle Cochran, Jr. or designee, Police Department Effective immediately, to serve for a period of two (2) years without compensation, to expire on March 31, 2013. Southold Town Meeting Agenda - January 18, 2011 Page 21 ? Vote Record - Resolution RES-2011-103 ? 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 2011-104 CATEGORY: Budget Modification DEPARTMENT: Trustees 2010 Budget Modification - Trustees Fiscal Impact: to cover over expended line items in the Board of Trustees’ budget: RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2010 budget as follows: TO: A.8090.1.200.100 Part-Time Employees/Regular Earnings $1.00 A.8090.4.600.350 Travel (Mileage) $62.00 FROM: A.8090.1.300.100 Seasonal Employees/Regular Earnings $1.00 A.8090.4.600.200 Meetings & Seminars $62.00 ? Vote Record - Resolution RES-2011-104 ? 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 2011-105 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Insurance Recovery Southold Town Meeting Agenda - January 18, 2011 Page 22 Fiscal Impact: Appropriate insurance recovery for street light damaged in MVA RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby Whole Town 2011 budget as follows: To: Revenues: A.2680.00 Insurance Recoveries $2,449 To: Appropriations: A.5182.2.500.500 Street Light Fixtures $2,449 ? Vote Record - Resolution RES-2011-105 ? 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 2011-106 CATEGORY: Litigation DEPARTMENT: Town Attorney Retain Frank Isler/Wren Litigation RESOLVEDretains Frank A. Isler, Esq. that the Town Board of the Town of Southold hereby as Special Counsel in the Supreme Court, Suffolk County civil action entitled “Eugene Kuchner, et al. v. Zoning Board of Appeals of the Town of Southold, John E. Wren and Sharon I. Wren” under Index No. 11-01108 . ? Vote Record - Resolution RES-2011-106 ? 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 2011-107 Southold Town Meeting Agenda - January 18, 2011 Page 23 CATEGORY: Coastal Erosion DEPARTMENT: Town Attorney Adopt Findings/Meyran CEM Appeal WHEREAS, the Board of Trustees on July 21, 2010, denied the application of Glenn R. Meyran (the “Applicant”) for a permit to complete work on the observation deck on the premises known as 175 Soundview Avenue, Mattituck, New York, under the Coastal Erosion Hazard Areas Law (the “Law”) of the Town of Southold; and WHEREAS, on August 19, 2010, the Applicant submitted an application to the Town Board of the Town of Southold, as the governing Coastal Erosion Hazard Board of Review, seeking to appeal the determination of the Board of Trustees, or in the alternative, seeking a variance from the requirements of the Law; and WHEREAS, the Town Board did transmit a copy of the instant appeal to the New York State Department of Environmental Conservation; and WHEREAS, the Town Board conducted duly noticed public hearings on the instant appeal with an opportunity for all interested parties to be heard; and WHEREAS, that the Town Board of the Town of Southold hereby finds that the approval of the variance application is classified as a Type II Action pursuant to SEQRA Rules and Regulations, 6 NYCRR, Section 617; and WHEREAS, the application has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review of the Town Code and the Local Waterfront Revitalization Program (“LWRP”)); now, therefore, be it RESOLVEDdoes hereby adopt the Findings that the Town Board of the Town of Southold and Determination dated January 18, 2011, granting the Application of Glenn R. Meyran for a variance pursuant to §111-20 of the Law ; and be it further RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed action is classified as a Type II Action and is not subject to review pursuant to SEQRA Rules and Regulations for this action; and be it further RESOLVED that the Town Board had determined that this action is consistent with the LWRP; and be it further RESOLVED that this Determination shall not affect or deprive any other agency of its properly asserted jurisdiction, separate and apart from the proceedings under the Coastal Erosion Hazard Areas Law considered herein. Southold Town Meeting Agenda - January 18, 2011 Page 24 ? Vote Record - Resolution RES-2011-107 ? 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 2011-108 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Agreement W/Weston & Sampson/FI Pump Station RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Preventative Maintenance Agreement between Weston & Sampson CMR, Inc. and the Town of Southold for the maintenance of the Fishers Island Pump Station for a total of two visits at a total contract price of $2,174.00 for 2011, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2011-108 ? 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 2011-109 CATEGORY: Sanitary Flow Credits DEPARTMENT: Town Clerk Set the Prices for Sanitary Flow Credits Transferred from the Sanitary Flow Credit Bank to an Applicant Pursuant to the Procedures Set Forth in Chapter 117 of the Town Code RESOLVED that the Town Board of the Town of Southold hereby sets the following prices for Sanitary Flow Credits transferred from the Sanitary Flow Credit Bank to an applicant pursuant to the procedures set forth in Chapter 117 of the Town Code: $10,000 per credit to be used to create an accessory apartment $12,500 per credit to be used to create a single family home Southold Town Meeting Agenda - January 18, 2011 Page 25 Each credit is equivalent to 300 gallons per day of sanitary flow. A credit may be transferred to an applicant in fractional amounts no smaller than a tenth of a credit. ? Vote Record - Resolution RES-2011-109 ? 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 2011-110 CATEGORY: Special Events DEPARTMENT: Town Clerk Use of Laurel Lake - Troop 39 RESOLVED that the Town Board of the Town of Southold has determined that the request for the use of this facility by Boy Scout Troop and Cub Scout Pack (Troop 39) of Mattituck is consistent with the approved Management Plan for the Laurel Lake Preserve, and be it further, RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Boy Scout Troop and Cub Scout Pack (Troop 39) of Mattituck to use the Laurel Lake Preserve Outdoor Facilities and Pavilion on January 22, 2011 from 8:00 a.m. to 1:00 p.m. for the purpose of holding a “Klondike Challenge”, providing they file a certificate of insurance naming the Town of Southold as an additional insured for one million dollars and written acknowledgement of the conditions for the use of Laurel Lake Preserve for this event. All Special event fees shall be waived for this event. ? Vote Record - Resolution RES-2011-110 ? 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 2011-111 CATEGORY: Seqra DEPARTMENT: Town Attorney LL/ZBA Fees SEQRA Southold Town Meeting Agenda - January 18, 2011 Page 26 RESOLVEDfinds that the adoption of that the Town Board of the Town of Southold hereby the 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” is classified as a Type II Action pursuant to SEQRA Rules and Regulations , 6 NYCRR Section 617.5, and is not subject to review under SEQRA. ? Vote Record - Resolution RES-2011-111 ? 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 2011-112 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Re: ZBA Fees and Deer Fence Fees WHEREAS there had 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. 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 therefore be it RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed “A Local Law in relation to Amendments to Chapter 280, Zoning, in 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 which reads as follows: LOCAL LAW NO. 2 of 2011 “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” . Southold Town Meeting Agenda - January 18, 2011 Page 27 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). 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 Southold Town Meeting Agenda - January 18, 2011 Page 28 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. (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. Southold Town Meeting Agenda - January 18, 2011 Page 29 (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-2011-112 ? 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 VI. PUBLIC HEARINGS 1. Orient Wharf Co. CEA PH 1/18/11 @ 9:00 am 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. 2. PH 1/18 7:32 Pm - LL/ZBA Fees & Deer Fence Fees - Set For Motion To: Adjourn Town Board Meeting Southold Town Meeting Agenda - January 18, 2011 Page 30 RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at __________ P.M. * * * * * Elizabeth A. Neville Southold Town Clerk