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Home My WebLink AboutTB-12/14/2010ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES December 14, 2010 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, December 14, 2010 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 4:30 PM with the Pledge of Allegiance to the Flag. 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 2. Program for the Disabled 3. Justice Louisa P. Evans 4. Justice William II. Price Jr. 5. Department of Public Works 6. Special Projects Coordinator 7. Code Enforcement Officer 8. Land Tracking 9. Island Group Employee Health Care Plan 10. Judge Bruer Monthly Report 11. Zoning Board of Appeals 12. Human Resource Center II. Public Notices III. Communications IV. Discussion 1. 9:00 A.M. - John Cushman 2. 10:00 A.M. - Mayor Epley, Scott Bradley, Alan Kaplan, John Cushman 3. 10:30 A.M. - Don Leslie 4. 10:45 A.M. - Jim McMahon December 14, 2010 Page 2 Southold Town Board Meeting Minutes 5. 10:55 A.M. - Jim McMahon 6. 11:15 A.M. - Jim McMahon, Jeff Standish 7. 11:25 A.M. - Jim McMahon, Jeff Standish 8. 11:30 A.M. - Jim McMahon, Jamie Richter 9. 11:40 A.M. - Melissa Spiro 10. Update: Goldsmith's Inlet 11. Dumping of MunicipalLeaves 12. Dog Licensing Local Law 13. ZBA Fees LocalLaw 14. EXECUTIVE SESSION- Labor 15. EXECUTIVE SESSION - Litigation V. Resolutions Opening comments SUPERVISOR RUSSELL: Please rise and join me in the Pledge of Allegiance to the Flag. Thank you. Would anyone like to address the Town Board on any of the items on the agenda? (No response) Let's move forward. 2010-979 CA TEGOR Y: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated December 14~ 2010. Vote Record - Resolution RES-2010-979 [] Adopted [] Adopted as Amended [] De~ated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supe~Msor's Appt Albe~ Kmpski Jr. Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Initiator [] [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-980 CATEGORD DEPARTMENT: Set Meeting Town Clerk Organizational Meeting of the Town Board pf the Southold Town Board be Held, at l l :OO AM on Tuesday, January 4, 2011 December 14, 2010 Page 3 Southold Town Board Meeting Minutes RESOLVED that the 2011 Organizational Town Board Meeting of the Southold Town Board be held at 11:00 AM on Tuesday~ January 4~ 2011 at the Southold Town Hall, Southold, New York Vote Record - Resolution RES-2010-980 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William R~land Voter [] [] [] [3 [] Withdrawn Christopher Talbot Sccondc, [] [] : [] [] [] Supervisor's Appt Albert Kmpski Jr. Voter [] [] [] [] [3 Tax Receiver's Appt Louisa P. Evans Initiator [] [] : [] [] [3 Rescinded [] Town Clerk's Appt Scott Russell Voter [] Supt Hgwys Appt [] No Action 2010-981 CATEGORY: DEPARTMENT: Set Meeting 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-2010-98 I [~ Adopted [] Adopted as Amended [] Det~ated yes/Ay~ No(NaY Abstain Absent [3 Tabled Williarn Ruland Voter [] [] [3 [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Initiator [] [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] [3 [3 [] [] Supt Hgwys Appt [] No Action 2010-982 CA TE GO R Y: DEPARTMENT: Employment - Town Accounting Create Position of P/T Land Mgt Specialist H 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 December 14, 2010 Page 4 Southold Town Board Meeting .Minutes January 1, 2010 22.7159 January 1,2011 23.6245 January 1, 2012 24.5695 Vote Record - Resolution RES-2010-982 [] Adopted [] Adopted as Amended [] Defeated [] Tabled Yes/Aye No/Nay Abstain Absent [] Withdrawn William Ruland Initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [2] [] Tax Receiver's Appt Albert Krapski Jr. Seconder ~ [] [] [] [] Rescinded Louisa P. Evm~s Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Next: Jan 4, 2011 4:30 PM 2010-983 CATEGORD DEPARTMENT: Grants 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 tncreases 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 [] Del~ated Yes/AYe No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albert Kmpski Jr. Initiator [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action Comments regarding resolution 983 COUNCILMAN KRUPSKI: And I just want to say that is thanks to the hard work of Melissa Spiro and Melanie Doroski in the Lane Preservation Department that we received from the federal government, where there is not a lot of money for land preservation, half the purchase price for that parcel. December 14, 2010 Page 5 Southold Town Board Meeting Minutes 2010-984 CA TE GO R Y: DEPARTMENT: Bid Acceptance Public Works Goldsmith Inlet Dredging 2011 Fiscal Impact: Maintenance dredging of Goldsmith InletJbr 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 in accordance with the NYSDEC, Army Corps. permits] RESOLVED that the Town Board of the Town of Southold hereby authorizes Chesterfields 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 Arnea~ded [] Defeated Yes/Aye No/NaY Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Albert Kmpski Jr. Voter [] D [] [] [] Tax Receiver's Appt Louisa P. Evans Initiator [] : [] [] F1 [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-985 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Public Works Goldsmith Inlet Dredging 2011 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs 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 not to exceed $40,000, all in accordance with the approval of the Town Attorney. December 14, 2010 Page 6 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2010-985 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Initiator [] [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 985 COUNCILMAN RULAND: Discussion. SUPERVISOR RUSSELL: Yes, we still have to move forward, the idea is how are they going to dredge. COUNCILMAN RULAND: That is not my question, Scott. My question is in the first resolution it says not to exceed $40,000 and the second one says you are going to spend $40,000. SUPERVISOR RUSSELL: Okay, it should say the same thing. JUSTICE EVANS: I will make a motion to amend 985 to read not to exceed the amount of $40,0O0. 2010-986 CA TEGOR Y: DEPARTMENT: Misc. Public Hearing Town Clerk Amend Resolution No. 2010-840 to Change the Date for Orient Wharf Co. CEA to 1/18/11 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2010-840 to change the date of the public hearing to January 18,2011 and to read as follows: RESOLVED that the Town Board of the Town of Southold hereby sets Decembcr 1 ~., 20 ! 0 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. December 14, 2010 Page 7 Southold Town Board Meeting Minutes Vote Re~ord - Resolution RES-2010-986 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [3 [] [] [] Supervisors Appt Albert Krupski Jr. Seconder [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans ~oter I~ F1 [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-987 CATEGOR~ DEPARTMEN~ Bid Acceptance Police Dept Accept Donation (~1c 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 [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albert Kmpski Jr. initiator [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] [] [] Rescinded Scott Russell Voter [] [] [] [] [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2010-988 C~TEGORD DEPARTMEN~ Property Usage Public Works Hamptons Collegiate Baseball 2011 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Hamptons Collegiate Baseball to use the baseball field at Cochran Park for the 2011 baseball seasom subject to scheduling by the Southold Recreation Department and the applicant 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. December 14, 2010 Page 8 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2010-988 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Initiator ~ [] [] [] [] Town Clerk's Appt Scott Russell Voter [] E] [] [] [] Supt Hgwys Appt [] No Action 2010-989 CATEGORY: DEPARTMENT: Budget Modification Highway Department 2010 Budget Mod - Highway Fiscal Impact: The reason for this budget modification is due to the fitct 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 DB.5130.4.400.650 DB.5140.4.100.900 DB. 5142.4.100.920 From: DB. 5140.4.600.200 DB.5140.4.600.300 General Repairs, Contractual Expense Supplies & Materials Asphalt Patch Machinery, Contractual Expense Contracted Services Maintenance & Repairs Brush & Weeds/Miscellaneous Contractual Expense Supplies & Materials Landscaping Materials Snow Removal, Contractual Expense Supplies & Materials Sand TOTAL: Brush & Weeds/Miscellaneous Contractual Expense Miscellaneous Meetings/S eminars Brush & Weeds/Miscellaneous Contractual Expense Miscellaneous $ 4,730.00 $ 3,500.00 $ 305.00 $ 2,000.00 $10,535.00 $ 1,470.00 December 14, 2010 Page 9 Southold Town Board Meeting Minutes DB.5140.4.600.400 DB. 5142.2.400.200 DB.5140.4.100.100 DB.5110.4.100.975 Travel Brush & Weeds/Miscellaneous Contractual Expense Miscellaneous Postage Snow Removal, Equipment Industrial Equipment Snow Equipment Brush & Weeds/Miscellaneous Contractual Expense Supplies & Materials Office Supplies General Repairs, Contractual Expense Supplies & Materials Steel TOTAL: $ 3,221.00 $ 39.00 $ 3,500.00 $ 305.00 $2,000.00 $10,535.00 ,~ Vote Record - Resolution RES-2010-989 [] Adopted [] Adopted as Amended [] Defeated Yes/AYe No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Cbhstopher Talbot Initiator [] [3 [] [] [] Supervisor's Appt Albert Kmpski Jr~ Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Seconder [] [] [] [3 [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-990 CATEGORY: DEPARTMENT: Budget Modification Trustees Pump Out Boat GPS Fiscal Impact: Necessary to purchase new GPS for pump out boat as existing GPS no longer functions. RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund 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 December 14, 2010 Page 10 Southold Town Board Meeting Minutes ~ Vote Record ~ Resolution RES-2010-990 [] Adopted [3 Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland initiator [] [] [] [] [] Withdrawn Cttristopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albert Kmpsk! Jr: Seconder [] [] E] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter ~ [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-991 CA TEGOR Y: DEPARTMENT: Budget Modification Accounting Create Budget for GIS Needs Assessment Fiscal Impact: Provide appropriation and financing Jbr 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 RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Proiect in the 2010 Capital Fund: Capital Proiect Name: GIS Needs Assessment Financing Method: New York State Aid Budget: Revenues: H.3089.40 Appropriations: H. 1680.2.200.500 NYS Education Grant Central Data Processing Capital Outlay GIS Needs Assessment $36,000 $36,000 December 14, 2010 Page 11 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2010-991 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Alber~ Krupski Jr. Initiator [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] F1 [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-992 CATEGORY: DEPARTMENT: Budget Modification 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. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Whole Town budget as follows: From: A.3020.1.100.100 A.3130.2.400.150 A.3130.4.400.650 A.3130.4.400.700 A.3120.2.500.775 To: A.3020.1.200.100 A.3130.4.100.200 A.3120.4.400.700 Public Safety Communications Full Time Employees, Regular Earnings $2000 Bay Constable Other Equipment, Light Bars $850 Bay Constable Vehicle Maintenance & Repairs $375 Bay Constable Dock Rental $425 Police Equipment In Car Video/Computer/Radio $1700 Total $5350 Public Safety Communications Part Time Employees, Regular Earnings $2000 Bay Constable Supplies & Materials, Gasoline & Oil $1650 Police, C.E Contracted Services, Vehicle Impound $1700 Total $5350 December 14, 2010 Page 12 Southold Town Board Meeting Minutes Vote Record - Resolution RES-2010-992 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] : [] [] [] Supervisor's Appt Aibert Krupski Jr. Voter [~ Fl [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-993 CA TE GO R Y: DEPARTMENT: Contracts, Lease & Agreements 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 $3~,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. Vote Record - Resolution RES-2010-993 [] Adopted [] Adopted as Alnendcd [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Voter [] F1 [] [] [] Tax Receiver's Appt [] Rescinded Louisa P Evans Voter [] [] [] [] [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] Supt Hgwys Appt [] No Action Comments regarding resolution 993 COUNCILMAN TALBOT: ls that supposed to be 36 or is it 36,4 and the prior one? December 14, 2010 Page 13 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: $36,400. COUNCILMAN TALBOT: $36,400. TOWN ATTORNEY FINNEGAN: We are rescinding the amendment making it $36,400. to take it back to $36,000. SUPERVISOR RUSSELL: Okay, as it reads it should be $36,400. because we are rescinding... JUSTICE EVANS: We are amending, we are amending an amended. 2010-994 CA TE GO R Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Amend Resolution No. 2010-248 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2010-248~ adopted on March 23, 2010~ to read as follows: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement with JBH Environmental Restoration~ 194 Atlantic Avenue~ Garden CiW.~ NY~ in connection with the Peconic Community Center Improvement Project, in the amount of $21,225, plus furnish and cut all recruited rough 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 [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [21 Withdrawn ~h[i~t~Ph~~ T~!b~t Voter [] [] [] [] [] Supcrvisor's Appt Albert Krupski Jr Seconder [] [] [] [] [] Tax Receiver's Appt [3 Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] O Supt Hgwys Appt [] No Action 2010-995 CATEGOR~ DEPARTMEN~ Bid Acceptance 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 December 14, 2010 Page 14 Southold Town Board Meeting Minutes calendar year, subject to the approval of the Town Attorney, and be it further 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 [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albe~ Krupski Jr. Initiator [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-996 CA TE GO R Y: DEPARTMENT: Bid Acceptance Police Dept Accept the Bid of Hoppy's Cleaners to Clean Southold Town Police Uniforms RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Itoppy's 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 [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] D [] [] Supervisor's Appt Albert Krupski Jr. Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-997 CA TEGOR Y: DEPARTMENT: Bid Acceptance Police Dept Accept the Bid of Charles Greenblatt, b~c. to Supply the Town with Police Uniforms for 2011 RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Charles 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. December 14, 2010 Page 15 Southold Town Board Meeting Minutes Vote Record - ReSOlution RES-2010-997 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Voter [] [] [] 13 [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] [] : [] [] [] Supt Hgwys Appt Q No Action 2010-998 CA TE GO R Y: DEPARTMENT: Budget Modification Solid Waste Management District SWMD Budget Mods Fiscal Impact: Replace grinder computer module; repairs to office heating system. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 Solid Waste Management District budget as follows: From: SR 8160.4.100.650 Garbage Bags To: SR 8160.4.100.596 Maint/Supply CBI Grinder SR 8160.4.100.800 Maint Facilities/Grads $ 2,000.00 $ 1,550.00 450.00 Vote Record - Resolution RES-2010-998 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [3 Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albe~ Krupski Jr: Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Seconder [] [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-999 CATEGORY: Bid Acceptance DEPARTMENT: Highway Department Accept 2011 Gasoline Bid RESOLVED that the Town Board of the Town of Southold hereby accepts the bid[sl from December 14, 2010 Page 16 Southold Town Board Meeting Minutes Petro Commercial Services, at a price of $0.1475 per gallon fixed differential above the Northville Rack Price, for supplying the Town of Southold with both Unleaded Gasoline [Ethanol] and Unleaded Plus Gasoline lEthanoi]~ respectively~ for the 2011 calendar year, subject to thc approval of the Town Attorney. Vote Record - Resolution RES-2010-999 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled Willinm Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] F1 12] [] Supervisor's Appt Albert Kmpski Jr. Initiator El [] [] · [] [] Tax Receiver's Appt Louisa P. Evans Seconder [] [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-1000 CA TEGOR Y: DEPARTMENT: Bid Acceptance Public Works 2011 Heating Fuel Oil RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Burt's 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 [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulan~d Voter [] [] [] 12 [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Aib~r~ Ki~apSki Jrl Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Initiator [] [] [] [] [] Rescinded Scott Russell Voter [] [] D [] [] Town Clerk's Appt [] Supt Hgwys Appt [] No Action 2010-1001 CATEGORY: DEPARTMENT: Bid Acceptance Highway Department Accept 2011 Diesel Fuel RESOLVED that the Town Board of the Town of Southold hereby accepts the bid from Petro 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. December 14, 2010 Page 17 Southold Town Board Meeting Minutes Vote Record. Resolution RES-2010-1001 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Voter [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P, Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-1002 CA TEGOR Y: DEPARTMENT: Bid Acceptance Human Resource Center Accept the Bid of Arshamomaque Dairy Farm, Inc. to Supply the Senior Nutrition Programs with Milk RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of 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 [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Cbdsi0pber Talbot Voter [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Seconder [] [] [] El [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt U] No Action 2010-1003 CATEGOR~ DEPARTMEN~ Bid Acceptance Fishers Island Ferry Distfict 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. December 14, 2010 Page 18 Southold Town Board Meeting Minutes r Vote Record ¢ Resolution RES-2010-1003 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Initiator [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Seconder [] [] : [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-1004 CATEGORY: DEPARTMENT: Employment - Town Accounting Appoint PT Clerk Tax Receiver's Office RESOLVED that the Town Board of the Town of Southold hereby appoints Amy Burns to the 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 [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] [] [] [] [] Supervisor's Appt Albert Krupski Jr. Voter [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Initiator [] [] [] [] [] Rescinded [] Town Clerk's Appt Scolt Russell Voter E] [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 1004 COUNCILMAN RULAND: Before we go to resolution 1006, Mr. Supervisor, would you speak to 1004? That we adopted there? SUPERVISOR RUSSELL: Yes, that is not a new a position, that is to fill the vacancy of a very good employee in the tax receivers office who decided to retire from that position. This is to fill that specific position. COUNCILMAN RULAND: Thank you, sir. 2010-1005 CATEGORY: DEPARTMENT: Budget Modification Police Dept Budget Modification- Police Department December 14, 2010 Page 19 Southold Town Board Meeting Minutes Fiscal Impact: To purchase pushbars and wraps for police vehicles to prevent damage to from deer. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 General Fund Whole Town budget as follows: From: A.1990.4.100.100 To: A.3120.2.500.875 Unallocated Contingencies Police, C.E Other Vehicle Equipment $15,624 $15,624 Vote Record - Resolution RES-2010-1005 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn ~ [] F1 [] Christopber Talbot Initiator [] Supervisor's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Tax Receiver's Appt Louisa P, Evans Seconder ~ [] [] [] [] Rescinded [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 1005 COUNCILMAN TALBOT: I had a question on that. Inaudible. COUNCILMAN KRUPSKI: That is what I thought too. COUNCILMAN TALBOT: Remember it was $8,000 to equip 18 vehicles with the crash bars. COUNCILMAN KRUPSKI: And then we werefft sure if we needed to equip all of them or not. First responders. SUPERVISOR RUSSELL: I think he budgeted to outfit every vehicle on the road. COUNCILMAN TALBOT: I remember the discussion, it was $8,000 to do 18 vehicles and I thought that was, unless there were additional ones that were added? Could we just verify that? SUPERVISOR RUSSELL: Yes, we will approve it and then I will verify tomorrow, I will email him tomorrow and shoot you guys an answer. COUNCILMAN TALBOT: Okay. COUNCILMAN KRUPSKI: That is good. December 14, 2010 Page 20 Southold Town Board Meeting Minutes 2010-1006 CA TEGOR Y: DEPARTMENT: Budget Modification Land Preservation 2010 Land Management Bud Mod Fiscal Impact: To cover cell phone RESOLVED that the Town Board of the Town of Southold hereby modifies the 2010 Land 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 [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland initiator [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [2] [] [] Supe~wisor's Appt Albert Kmpski Jr, Seconder [] [] [] [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-1007 CA TEGOR Y: DEPARTMENT: Local Law Public Hearing Town Attorney PH 1/4 4.'32 Pm - LL/Dog Licenses - Set For WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 14th 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 4th 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 December 14, 2010 Page 21 Southold Town Board Meeting Minutes 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: 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 Authori ,ty. 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. 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 Suftblk, State of New York. December 14, 2010 Page 22 Southold Town Board Meeting Minutes TOWN - means the Town of Southold, County of Suftblk, 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 exc~mpted, 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 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 subiect 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 subiect 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 December 14, 2010 Page 23 Southold Town Board Meeting Minutes 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. 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. 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 A~riculture and Markets, or successor thereof. 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. 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. 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. 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. 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. December 14, 2010 Page 24 Southold Town Board Meeting Minutes §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. 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. IlL 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 [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland voter [] [] [] [] [] Withdrawn Christopher Talbot Voter [] [] [] [] [] Supervisor's Appt Albe~ Kmpski Jr. hlitiator [] [] [3 [] [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] Fl [] Supt Hgwys Appt [] No Action 2010-1008 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Attorney December 14, 2010 Page 25 Southold Town Board Meeting Minutes 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 County, New York, on the 14th day of December, 2010, a 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 Administratiom 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 18th day of January, 2011 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. 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" reads as follows: LOCAL LAW NO. 2011 A 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". 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 with applications 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: 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 $159 $250. December 14, 2010 Page 26 Southold Town Board Meeting Minutes 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 $500. For applications containing more than one request :uch ....... ..~ ...... .4 ....1.4,1....~ .... *U~ C~ ~1~11 b$ et:(~(~ each additional variance request shall have a fee of $250 (if under 200 square feet) and $500 (if200 square feet or more). For applications for interpretations on appeal from an order, decision or determination of an administrative officer, the fee shall be ....$300 for each section of the Town Code for which an interpretation is requested. For applications for variances from Town Law § 280-a (rights-of-way), the fee shall be e~}rc~ $400. F pplicatio fo h ri g th fe ssh llb th ora ns rre ea n s, e e_ a e esamc ~":~;~ ~;-~*;^~ 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 shall have a fee of $250. For applications for public entertainment and special events permits, the fee shall be $50. For applications for a Special Exception Permit for a bed and breakfast, the fee shall be $750. For applications for a Special Exception Permit for an accessory apartment located within an accessory structure, the tee shall be $500. For all other Special Exception Permit applications involving property located in a residential zone, the fee shall be $750. For all Special Exception Permit applications involving property located in a non- residential zone, the fee shall be $1,200. For applications for a waiver of lot merger, the fee shall be $750. For all applications for a use variance, the fee shall be $1,000. 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. 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. (1) Permit fees. 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 December 14, 2010 Page 27 Southold Town Board Meeting Minutes (2) (3) (4) (5) (6) 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: $t 50 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. If an application is denied and a notice of disapproval is issued, the applicant shall pay a fee of $50. For the purpose of this Subsection K, cellars, decks, attached garages and any habitable area shall be included in the calculation of floor area. 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. 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. 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. IlL 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 December 14, 2010 Page 28 Southold Town Board Meeting Minutes by law. Vote Record - Resolution RES-2010-1008 [] Adopted [] Adopted as Amended [3 Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland voter [] [3 [] [] [] Withdrawn Christopher Talbot Seconder [] [] El D [] Supervisor's Appt A!b~rt ~p~k! ~r: Vp~er [] [] [] [] [] Tax Receiver's Appt Louisa P. Evans Initiator [] [] [] [] [] Rescinded [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] Supt Hgwys Appt [] No Action 2010-1009 CA TE GO R Y: DEPARTMENT: Legislation Town Attorney LL/ZBA Fees to SCPC & PB RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the 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 [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Initiator [] [] [] [] [] Supervisor's Appt [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2010-1010 CATEGORY: DEPARTMENT: Employment - Town Town Attorney MOA W/CSEA - Amended Salary Schedules RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2010-774~ adopted September 21~ 2010~ to read as follows: RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Memorandum of Agreement between the Town of Southold and the CSEA dated December 14, 2010 Page 29 Southold Town Board Meeting Minutes ~v .......... ~ .... November 29~ 2010, concerning the amendment of salary schedules for certain titles, ~"~':~* '~ **-~ ~..c.~.~ ^c.~ r~c~ ^ which has been ratified by the CSEA. Vote Record - Resolution RES-2010-1010 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Rulm~d Initiator [] [] [] [] [] Withdrawn [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] F1 [] [] Town Clerk's Appt Scott Russell Voter [] [] [3 [] [] Supt Hgwys Appt [~ No Action 2010-1011 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney 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 RESOLVED that the Town Board of the Town of Southold hereby 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. 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 Comments regarding resolution 1011 COUNCILMAN KRUPSKI: I would like to ask that Martin, if you could ask the Department of Public Works to keep a record of every time we use this company to maintain the lights, just to g~t a comparison b7 next year to see how the town fared financially on that: 2010-1012 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney December 14, 2010 Page 30 Southold Town Board Meeting Minutes 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 RESOLVED that the Town Board of the Town of Southold hereby 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 Pro iect, 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-2010q012 [] Adopted [] Adopted as Amended [] Defeated ~es/AYe N0/Na~ Absta!~ Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Christopher Talbot Seconder [] FI [] [] [] Supervisor's Appt A!bert ~PSki Jr: v0!~ ~ [] [2] 13 [] Tax Receiver's Appt [] Rescinded Louisa P. Evans Initiator [] [] : [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Comments JUSTICE EVANS: Martin, are we supposed to pass a resolution on (inaudible)? SUPERVISOR RUSSELL: No, we had already passed one at $36,000. then we went and amended that one to $36,400. We are removing the $36,400 because Betty contacted the vendor and held their feet to the fire so that they came back at the $36,000 which was the agreed upon price. JUSTICE EVANS: So we don't have to pass a resolution now accepting the $36,000? TOWN ATTORNEY FINNEGAN: We are rescinding the amendment and going back to where it originally was. JUSTICE EVANS: Okay. COUNCILMAN RULAND: Excuse me, Mr. Supervisor. Since we are going into a new year, there is something that perplexed me and I realized that the MinuteTraq thing is kind of like a boiler plate system that you just put changes in but every time that we advertise for a public hearing and for instance, the one on fees. It says that we will hold the hearing on the 18th day of January at 7:32 PM. Would it be possible that we could add in there after that or as soon thereafter as possible? Just those words? Because people come and expect that they are going to get their hearing at 7:32 and they have to sit through the majority of the Town Board before they get to the advertised time that has already gone by. COUNCILMAN KRUPSKI: Well, it is hard to know how long the regular meeting will take. December 14, 2010 Page 31 Southold Town Board Meeting Minutes COUNCILMAN RULAND: I understand that, Albert but if it is going to be at 7, in other words it would say that it is 7:32 or as soon thereafter as practical or possible or as soon thereafter. TOWN ATTORNEY FINNEGAN: Or following the business of the Town Board or whatever. Yes, I understand what you are saying. COUNCILMAN RULAND: You see what I am saying.'? TOWN ATTORNEY FINNEGAN: I don't think that there is anything... COUNCILMAN RULAND: I don't know how anybody else feels but I just think that it is telling people that it is not the sole agenda item .... SUPERVISOR RUSSELL: If you are coming to speak on that issue, to wait a short period of time is one thing, to wait sometimes 45 minutes is, you are fight. I think we could probably perfect the language there. COUNCILMAN RULAND: That is all I am suggesting. It may not be practical. Closing comments SUPERVISOR RUSSELL: Would anyone like to address the Board on any issue? going to ask everybody to be succinct and to the point as best they can. We are BENJA SCHWARTZ: Will do that. Good evening, Benja Schwartz from Cutchogue. On the issue of the public heating timing of public hearings, I think that is an issue that applies to all public heatings and maybe it could go in the section of the agenda that describes all of the agendas rather than putting it into the notice of each public hearing. I have a question, this morning there was something about a request for a new street light and I see there is a letter posted on the website, I don't know if it is a letter or a notice, at the top it just says James C. McMahon chairman. And it is talking about street light reporting but it doesn't explain why we are reporting the street lights. A year ago, a little over a year ago, there was a proposal to do a street lighting survey for removing unnecessary lights, so I just wonder if somebody could fill us in as to what is going on with the survey and the new light and reporting? COUNCILMAN TALBOT: The survey, we are still trying to iron out who exactly is going to do that survey. We brought it a couple of times to the Transportation Commission and we are trying to work it out with the police department, who does a pretty regular analysis of what lights may be out, certain areas that may or may not need them or may need them. The request that came today, there were two requests. One was for down on Indian Neck Lane and the majority of the Board thought that there were was a light there prior so we are going to relocate a light from on Route 48 in Cutchogue at the old entrance to the landfill and put that down on the sharp 90 degree turn on Indian Neck Lane and then there was a second one on Breakwater Road by the Greek church and we are looking at that, what is the best solution, to add a new light or just relocating the one that is there. MR. SCHWARTZ: Okay. Well, I am going to try my best to stay very positive tonight but this December 14, 2010 Page 32 Southold Town Board Meeting Minutes notice or letter whatever it is doesn't explain this issue to the public. It apparently is addressed to the public, put in that section... JUSTICE EVANS: I think that is a general thing that if you have any streetlight questions to address it to Jim McMahon. MR. SCHWARTZ: Well, if you are still working on who is going to be handling the street light survey, maybe you will figure out a way that the public can be involved in that. COUNCILMAN RULAND: Well, we took an inventory of the street lights previously and then entered into quite a protracted discussion with the power company. Since you pay for every light whether it works or not, 365 days a year you pay. And then there was, I know the Department of Public Works spent a lot of time doing an inventory and then getting their inventory to agree with the inventory of the power company, which it didn't agree. So it took them some time to try to iron out who was right and whether lights that were purported to be there weren't there but the power company was charging for. And I thought that that issue, that part of the inventory of what we had and what we didn't have was decided and that in the end, ifI am not mistaken, the town was entitled to a credit or a refund from the power company. SUPERVISOR RUSSELL: We got a substantial refund, the result of Tim Abrams from the Department of Public Works, who reviewed the inventory. What the step of the process would be next is to determine what lights should be considered warranted lighting. Lighting were it should be and what lights that would be gratuitous, lights that we can remove. That is what we have referred to transportation and others, to get input as we move forward. Just in the meantime, however, I think this Board is adhering to a policy o£no new lights. We just had two examples of requests today for street lighting and rather than just add lights to the inventory, we relocated two lights that weren't serving a good function anymore. The light that illuminates the old entrance to the landfill doesn't serve any purpose. We want to relocate that and then the one in Mattituck, there is light not too far away, we want to relocate that closer to the church's area of ingress and hopefully that will solve the problem without creating new lighting. Just reuse of the existing inventory. MR. SCHWARTZ: Thank you very much. I want to congratulate the Town Board for some of the motions this evening that essentially a jumpstart on the organization for next years business of the town. I am looking forward to the first meeting of next year where we will complete the process of organizing the town's business for 2011. I am going to be brief tonight, there is just one item on that agenda for 2011, Southold 2020. I signed up for an email list and posted on the website is the timeline, the proposed timeline. 1 think it is important for people to be aware that starting right away in January, be looking for public input on the draft economic chapter. Has that been released yet? The draft or has been approved as a draft or anything yet? SUPERVISOR RUSSELL: I don't believe... COUNCILMAN KRUPSKI: It hasn't been released, no. December 14, 2010 Page 33 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: As a public document, no. It is still being worked on. MR. SCHWARTZ: But it is expected to be approved shortly and to be ready in January. It says incorporate public input into the draft, we have to see it before we can input into it. And just to briefly go through the timeline, in February the community character chapter is scheduled, in April we have the land preservation, agricultural, parks and recreation and the beginning of the human services chapters. May is the rest of the human services and the housing chapter. In June the natural resources chapter, in August transportation and infrastructure chapters, September and October the land use chapter. And in October the plan is supposed to be complete. So it looks like we are going to have a lot of fun next year working on that plan together. Look forward to it. Thank you. Have a happy holiday. SUPERVISOR RUSSELL: Thank you. I will say for the record that we had a budget summary this morning, the town had, as everybody knows, we certainly made no secret of trying to button down the hatches with regard to spending. We anticipated about a $5.2 million surplus, looks like we are going to end up the year on a $5.6 million surplus. You know, there are still some bills that have to be paid but again, in this economic crisis, there is no secret to it. Governments just need to spend less and that is the only way you are going to get out of this economic mess that we are all in. COUNCILMAN TALBOT: I would just like to wish everyone Merry Christmas and happy holidays. SUPERVISOR RUSSELL: Happy holidays to everybody. Anybody else? (No response). Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:05 P.M. RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Linda J. Cooper Southold Deputy Town Clerk Ruland, Talbot, Krupski Jr., Evans, Russell