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HomeMy WebLinkAboutAG-04/12/2011ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER AGENDA Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631 ) 765 - 1800 www. southoldt own.northfork.net SOUTHOLD TOWN BOARD April 12, 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 of Southold website: southoldtown.northfork.net Click on "Town Board On- Line"; Click Box "Yes" to be redirected to IQM2 and you will then be redirected to the Town Clerk online 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 April 12, 2011 at Meeting Hall, 53095 Route 25, Southold, NY. I. REPORTS 1. Town Clerk Monthly Report March 2011 2. Justice Bruer Monthly Report March 2011 Southold Town Meeting Agenda - April 12, 2011 Page 2 3. ZBA Monthly Report March 2011 4. Trustees Monthly Report March 2011 5. LWRP Year End Report 2010 6. Building Department Monthly Report March 2011 7. Monthly Budget Report - November 2010 - December 2010 - January 2011 - February 2011 8. NFAWL Financial Statement December 31, 2011 9. Recreation Department Monthly Report March 2011 10. Code Department Monthly Report March 2011 11. Human Resource Center March 2011 12. Special Projects Coordinator March 2011 II. PUBLIC NOTICES 1. Liquor License Renewals Johnnies Cutchogue Diner, Inc. III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 A.M. Southold Town Meeting Agenda - April 12, 2011 Page 3 2. 9:30 A.M. - Lloyd Reisenberg Website Development Committee 3. 10:00 A.M. - Lloyd Reisenberg, James Richter, Jim McMahon FEMA & Town Beaches 4. 10:30 A.M. - Leslie Weisman & Jim Dinizio, ZBA Accessory Apartmetns in Accessory Structures (Intent) 5. 11:00 A.M. - Mark Terry Horsley-Witten Contract & 40K Funding 6. TCO in Greenport 7. Public Water on Soundview Avenue 8. Councilman Vincent Orlando, Parks & Recreation Committee ADA Playgrounds 9. Senior Citizens Exemption Local Law Affidavit 10. Amendments to Chapter 144 Building Permit Renewal Fees 11. Cater Permits LocalLaw Fishers Island Exemption 12. Request for Reconsideration of FOIL Appeal of Benja Schwartz 13. Recommendation of Transportation Commission Factory Avenue 14. Appointment to Land Preservation Committee 15. 12:15 P.M. - Executive Session - MeHssa Spiro, John Cushman Proposed Real Property Acquisition, publicity of which would substantially effect the value thereof 16. Executive Session - Litigation 12:45 p.m. - Mark Terry, Marty Sidor re: Nocro, Ltd., The Hertitage at Cutchogue v. TOS et al. - TOS, et al. v. Metropolitan Transit Authority Southold Town Meeting Agenda - April 12, 2011 Page 4 17. - Greenport Claim Executive Session - Labor - Cheif Cochran re: Matters involving the Employment of Particular Person(s) MINUTES APPROVAL RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, March 29, 2011 Vote Record Acceptance of Minutes for March 29, 2011 4:30 PM Yes/Aye No/Nay Abstain Absent William Ruland [] [] [] [] [] Accepted Vincent Orlando [] [] [] [] [] Accepted as Amended Ct~'istopher Talbot [] [] [] [] [] Tabled Albert Krupski Jr. [] [] [] [] Louisa P. Evans [] [] [] [] Scott Russell [] [] [] [] 18. RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, March 15, 2011 Vote Record Acceptance of Minutes for March 15, 2011 7:30 PM Yes/Aye No/Nay Abstain Absent William Ruland [] [] [] [] [] Accepted Vincent Orlando [] [] [] [] [] Accepted as Amended Ct~'istopher Talbot [] [] [] [] [] Tabled Albert Krupski Jr. [] [] [] [] Louisa P. Evans [] [] [] [] Scott Russell [] [] [] [] V. RESOLUTIONS 2011-304 CA TEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated April 12~ 2011. Vote Record Resolution RES 2011 304 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ct~'istopher 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 - April 12, 2011 Page 5 2011-305 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held at 4:30 PM on Tuesday~ April 26~ 2011 at the Southold Town Hall, Southold, New York Vote Record Resolution RES 2011 305 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-306 CATEGORY: DEPARTMENT: Employment - Town Accounting Resignation of FIFD Personnel WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their September 21, 2010 meeting to accept the resignations of the following personnel, and WHEREAS the Town Board of the Town of Southold is required to approve appointments and resignations of employees of the Fishers Island Ferry District, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby accepts the resignations effective October Iv 2010 of the following: Nicholas Bence - Deckhand Robert Bridgman - Deckhand Nicholas Gauthier - Deckhand Thomas Hogarty - Deckhand Timothy Keating Ferry Captain David Lynch - Deckhand Andrew Tulba - Deckhand Southold Town Meeting Agenda - April 12, 2011 Page 6 Vote Record Resolution RES 2011 306 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-307 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Cub Scout Pa& 39 Annual Cubmobile Race RESOLVED that the Town Board of the Town of Southold hereby grants permission to Cub Scout Pack 39 to close Bailey Beach Road and the north end of Inlet View Drive in Mattituck for its Annual Cubmobile Race on Saturday, June 11tb 2011 from 9:00 AM to 12:00 noon, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. Vote Record Resolution RES 2011 307 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-308 CATEGORY: DEPARTMENT: Employment - Town Accounting Appomt Dania Atkmson to FT Justice Court Clerk RESOLVED that the Town Board of the Town of Southold hereby appoints Dania M. Atkinson to the position of a Justice Court Clerk for the Justice Court effective April 28, Southold Town Meeting Agenda - April 12, 2011 Page 7 2011, at a rate of $36,408.45 per year. Vote Record Resolution RES 2011 308 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&'awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-309 CATEGORY: DEPARTMENT: Ad for Court Officer Advertise Justice Court RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to advertise for the position of Court Officer for the Southold Town Justice Court. Vote Record Resolution RES 2011 309 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&'awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-310 CATEGORY: DEPARTMENT: Employment - Town Accounting Hire David Comando Pump Out Boat Operator RESOLVED that the Town Board of the Town of Southold hereby appoints David Comando to the seasonal position of Pumpout Boat Operator for the Trustees, effective May 20, 2011 through October 31, 2011, at a rate of $16.00 per hour. Southold Town Meeting Agenda - April 12, 2011 Page 8 Vote Record Resolution RES 2011 310 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-311 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Auction Services Disposition Agreement Between PropertyRoom. Com and the Town of Southold RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Auction Services Disposition A~reement between PropertyRoom. com and the Town of Southold regarding online auctioning services for a period of one year, including automatic renewals for consecutive one year terms, subject to the approval of the Town Attorney. Vote Record Resolution RES 2011 311 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-312 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Purchasing Software Renewal Agreement Between the Town of Southold and Prime Services, Inc. m Connection with the Town Participating m a Group Purchasing Program for Food and Other Supplies for the Town's Senior Nutrition Program Southold Town Meeting Agenda - April 12, 2011 Page 9 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Purchasin~ Software Renewal A~reement between the Town of Southold and Prime Services~ Inc. in connection with the Town participatin~ in a ~roup purchasin~ pro,ram for food and other supplies for the Town's Senior Nutrition Pro,ram, subject to the approval of the Town Attorney; and BE IT FURTHER RESOLVED that this method of purchase has been evaluated by the Town Attorney's Office and appears to meet the standards of General Municipal Law Section 103 of the Consolidated Laws of the State of New York, which authorizes nutrition programs that receive federal, state or local funding to enter into joint contracts and arrangements to purchase food and related supplies without the requirement of competitive bidding. Vote Record Resolution RES 2011 312 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&'awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-313 CATEGORY: DEPARTMENT: Employment - FIFD Accounting Change m FIFD Coverage RESOLVED the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated April 6, 2011 chan~in~ the existin~ dental coverage from The Standard to Anthem Complete for a one year term of May 1, 2011 to April 30, 2012." Vote Record Resolution RES 2011 313 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&'awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ct~'istopher 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 - April 12, 2011 Page 10 2011-314 CATEGORY: DEPARTMENT: Employment - FWD Accounting Amend Resolution No. 2011-279 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2011-279 to read as follows: RESOLVED the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated April 6, 2011 to renew the existing dental coverage from The Standard for a one month term of April 1, 2011 to April 30, 2011." Vote Record Resolution RES 2011 314 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-315 CATEGORY: DEPARTMENT: Employment - Town Accounting Appoints Alyxandra Sabatino Provisional Planner Trainee WHEREAS the Suffolk County Department of Civil Service has established that there is no eligible list for Planner Trainee, and WHEREAS the Town Board of the Town of Southold has determined that the Town should fill the Planner Trainee position for the Planning Department with a provisional appointment, and has received permission from Suffolk County Department of Civil Service to make said provisional appointment, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Alyxandra K. Sabatino to the position of provisional Planner Trainee for the Planning Department, effective May 2, 2011 at a rate of $42,831.75 per annum. Southold Town Meeting Agenda - April 12, 2011 Page 11 Vote Record Resolution RES 2011 315 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt CN'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-316 CATEGORY: DEPARTMENT: Employment - Town Accounting Appoints Brian A. Cummings Provisional Planner Trainee WHEREAS the Suffolk County Department of Civil Service has established that there is no eligible list for Planner Trainee, and WHEREAS the Town Board of the Town of Southold has determined that the Town should fill the Planner Trainee position for the Planning Department with a provisional appointment, and has received permission from Suffolk County Department of Civil Service to make said provisional appointment, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Brian A. Cummings to the position of provisional Planner Trainee for the Planning Department, effective April 25~ 2011 at a rate of $42~831.75 per annum. Vote Record Resolution RES 2011 316 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt CN'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-317 CATEGORY: DEPARTMENT: Refund Zoning Board of Appeals Authorize a Partial Refund m &e Amount of $300. O0 to Andrew Greene Southold Town Meeting Agenda - April 12, 2011 Page 12 RESOLVED that the Town Board of the Town of Southold hereby authorizes a partial refund in the amount of $300.00 to Andrew Greene; the application before the Zoning Board of Appeals has been withdrawn. Vote Record Resolution RES 2011 317 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-318 CATEGORY: DEPARTMENT: Public Service Police Dept Request Permission for the Following Students to Job Shadow.lit the Police Department RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to the followin~ studems from the listed local High Schools to participate in a day of,iob shadowin~ at the Southold Town Police Department on Fridav~ April 8~ 2011: Greenport High School Sean Charters Mattituck High School Nick Bieber Carol Coe Connor Guiditus Southold High School Kieran Broderick Kyle Clausen Alex Sinclair Steven Vest Southold Town Meeting Agenda - April 12, 2011 Page 13 Vote Record Resolution RES 2011 318 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-319 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Application for Excess Loss Insurance with Standard Security Life Insurance Company of New York RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Application for Excess Loss Insurance with Standard Security Life Insurance Company of New York subject to the approval of the Town Attorney. Vote Record Resolution RES 2011 319 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-320 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Clerk Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement Between the Town of Southold and Horsley Witten Group, Inc. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and Horsley Witten Group~ Inc., in connection with creating subwatershed management plans for three subwatersheds (Town Creek/Jockey Creek, Goose Creek and Richmond Creek), at a cost Southold Town Meeting Agenda - April 12, 2011 Page 14 not to exceed $40,000, which shall be a legal charge to the 2011 Capital Fund, Stormwater Mitigation Planning appropriation (H.8540.2.100.125), said agreement subject to the approval of the Town Attorney. Vote Record Resolution RES 2011 320 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt CN'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-321 CATEGORY: DEPARTMENT: Property Acquisition Public Hearing Land Preservation Edson Set Public Hearing Der Rights RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, April 26, 2011, at 4:37 p.m, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on properties owned by Lewis L. Edson. Said properties are identified as part of SCTM #1000-102.-2-16 and SCTM #1000-102.-2-6.6. The addresses are 30105 Main Road (NYS Route 25) and 740 Depot Lane, respectively, in Cutchogue, New York. The parcels are adjacent lots and when combined are situated on the northerly side of Main Road (NYS Route 25) directly across NYS Route 25 from the entrance to Pequash Avenue. SCTM #1000-102.-2-16 is located within two zoning districts with 25.1± acres being within the R-80 zoning district and 0.04± acre being within the R-40 zoning district. SCTM #1000-102.-2-6.6 is located entirely within the R-80 zoning district. The proposed acquisition is for a development rights easement on parts of the properties, located within the R-80 zoning district, consisting of approximately 22.79± acres (subject to survey) of the 27.79± combined parcels' total acreage. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $60,000 (sixty thousand dollars) per buildable acre for the 22.79± acre easement plus acquisition costs. The properties are listed on the Town's Community Preservation Project Plan as properties that should be preserved due to their agricultural values. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned Southold Town Meeting Agenda - April 12, 2011 Page 15 parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Vote Record Resolution RES 2011 321 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-322 CATEGORY: DEPARTMENT: Budget Modification Planning Board 2011 Budget Modification m the Capital Fund for Stormwater Mitigation Planning Work Fiscal Impact: Thia' budget amendment ia' to fund the project, Developing Priority Impaired Waterbody and SGA Sub- watershed Management Plans, that was approved and funded by a State grant. The grant contract, NFS EPF Grant #C006975, was executed after the Town's budget was already set for 2011. The intent of this budget amendment ia' to increase the appropriations line, and at the same time increase the revenues line by the same amount that will be reimbursed by the State under the grant contract. RESOLVED that the Town Board of the Town of Southold hereby increases the 2011 Capital Fund budget as follows: Revenues: H.3089.30 Appropriations: H.8540.2.100.125 State Aid, NYS DOS Grant Total $40,000 $40,000 Stormwater Mitigation Planning $40,000 Total $40,000 Southold Town Meeting Agenda - April 12, 2011 Page 16 Vote Record Resolution RES 2011 322 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] WithO'awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt CN'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-323 CATEGORY: DEPARTMENT: Budget Modification Public Works Park Improvements Fiscal Impact: Unallocated Contingencies to Park lmprovements for recylmg cans RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2011 budget as follows: From: A. 1990.4.100.100 To: A. 1620.2.500.925 Unallocated Contingencies $1,500 Total $1,500 Recycling Receptacles $1,500 Total $1,500 Vote Record Resolution RES 2011 323 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supeiwisor's Appt CN'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-324 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Amend 2011-290 to Include Carolyn G. Peabody as a Reappomtment. Her Name was Madvertantly Southold Town Meeting Agenda - April 12, 2011 Page 17 Omitted ~om the Original Resolution. RESOLVED the Town Board of the Town of Southold hereby appoints Loretta Hatzel-Geraci and reappoints Carolyn G. Peabody, Jean LePre and Eleanor Lingo to the Anti-Bias Task Force for a 3 year term effective immediately through March 31, 2014. Vote Record Resolution RES 2011 324 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-325 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Resignations/Appointments/Reappointment to the 7outh Bureau Board RESOLVED the Town Board of the Town of Southold hereby accepts the resignations of Liza Coppola and Jim Gorman from the Southold Town Youth Bureau Board, and be it FURTHER RESOLVED the Town Board of the Town of Southold hereby appoints Robert Duttin to a 1-year term to fill the unexpired term of Jim Gorman and appoints a student representative from each of the following: Mattituck Union Free School District, Southold Union Free School District; and Greenport Union Free School District, to 1 year terms to expire March 31, 2012 and reappoints Elaine White to the Youth Bureau Board to serve a two-year term through March 31, 2013. Vote Record Resolution RES 2011 325 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-326 Southold Town Meeting Agenda - April 12, 2011 Page 18 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Amend 2011-292 to Correct Term Limit for Christopher Showalter to 1 Year to Fill the Unexpired Term orR. Meguin RESOLVED the Town Board of the Town of Southold hereby appoints Christopher Showalter to the Board of Ethics for a ~. year 1 year term effective immediately through March 31, 2015 2012 and reappoints Cathy Sleckman to the Board of Ethics for a 5 year term effective immediately through March 31, 2016. Vote Record Resolution RES 2011 326 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-327 CATEGORY: DEPARTMENT: Public Service Town Clerk Videoconferencmg at Meetings to Establish ZBA & Planning Board Quorums WHEREAS, the Southold Town Zoning Board of Appeals and Planning Board customarily have a member appointed to each Board by the Town Board that is from Fishers Island; and WHEREAS, Fishers Island is a small island of the north coast of Suffolk County that is within the boundaries of the Town of Southold; and WHEREAS, for the members of the Zoning Board of Appeals and Planning Board that are from Fishers Island, access to the mainland is via ferry which poses particular difficulties, especially during the winter months; and WHEREAS, these Board members may also have to stay overnight on the mainland just to attend regular meetings of the Zoning Board of Appeals and Planning Board because the ferry schedule does not allow for convenient back and forth same day travel, nor is there a direct ferry from the Town of Southold to Fishers Island; and Southold Town Meeting Agenda - April 12, 2011 Page 19 WHEREAS, given the unique geographical situation, the Town Board has purchased videoconferencing equipment for the purpose of allowing the Zoning Board of Appeals and Planning Board members that are from Fishers Island, as well as the public at large, to participate in the regularly scheduled meetings of the Zoning Board of Appeals and Planning Board. NOW, THEREFORE, BE IT RESOLVED that in accordance with General Construction Law §41, the Town Board of the Town of Southold hereby authorizes the Zonin~ Board of Appeals to establish a quorum for its meetings through the use of videoconferencin~ with members of the Board from Fishers Island and that the Fishers Island member that participates in the meetin~ in this manner have the same authority as though physically present at said meetings; and be it further RESOLVED that in accordance with General Construction Law §41, the Town Board of the Town of Southold hereby authorizes the Plannin~ Board to establish a quorum for its meetings through the use of videoconferencin~ with members of the Board from Fishers Island and that the Fishers Island member that participates in the meetin~ in this manner have the same authority as though physically present at said meetings. Vote Record Resolution RES 2011 327 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Cta'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-328 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Attorney PH LL/Building Permit Renewal Fees WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 12th day of April, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Buildin~ Code Administration, in connection with Buildin~ Permit Renewal 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 l0th day of May, 2011 at 7:37 p.m. at which time all interested persons will be given an opportunity to be heard. Southold Town Meeting Agenda - April 12, 2011 Page 20 The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Bnildin~ Code Administration, in connection with Bnildin~ Permit Renewal Fees" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Bnildin~ Code Administration, in connection with Buildin~ Permit Renewal Fees". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has reviewed the building permit renewal fee associated with the Town's Fire Prevention and Building Code Administration (Chapter 144) and has determined that charging the same fee for the original building permit and a renewal of a building permit is not in the best interest of the Town. As such, the Town Board is decreasing the fee for the renewal of a building permit to 50% of the fee paid for the original building permit. II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows: §144-8. Building permit required; application for permit. I. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an additional six months. Thereafter, a new renewal permit shall be required. § 144-11. Building permit fees. Upon filing of an application for a building permit, fees shall be paid in accordance with § 144-8 of the Town Code. In the event that a building permit expires as set forth in § 144-8(I), the applicant shall remit an additional fee in an amount equal to 50% of the fee paid in connection with the original application to renew the building permit. In the event that an application for a building permit is not approved, the applicant shall be entitled to a refund of 50% of the fee paid, provided that no construction has been commenced. If construction work has been started and the application is not approved, the fees paid shall not be refunded. Southold Town Meeting Agenda - April 12, 2011 Page 21 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 328 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-329 CATEGORY: DEPARTMENT: Advertise Town Clerk Advertise for Town Engineer RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to advertise for the position of Town Engineer. Vote Record Resolution RES 2011 329 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-330 CATEGORY: Committee Appointment Southold Town Meeting Agenda - April 12, 2011 Page 22 DEPARTMENT: Town Clerk Appomt Allan $. Connell and Reappoint John Sepenoski to the Land Preservation Committee RESOLVED the Town Board of the Town of Southold hereby appoints Allan S. Connell and reappoints John Sepenoski to the Land Preservation Committee for a 2 year term effective immediately through March 31, 2013. Vote Record Resolution RES 2011 330 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supeiwisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-331 CATEGORY: DEPARTMENT: Legislation Town Attorney Authorize and Direct the Town Clerk to Forward the Proposed Local Law 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 144~ Fire Prevention and Buildin~ Code Administration~ in connect with Buildin~ Permit Renewal Fees"~ to the Southold Town Plannin~ Board and the Suffolk County Plannin~ Commission for comments and recommendations. Vote Record Resolution RES 2011 331 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supeiwisor's Appt Ct~'istopher 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 Motion To: Motion to recess to Public Hearing Southold Town Meeting Agenda - April 12, 2011 Page 23 RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearing. PH 4/12/11 ~ 7:32 pm LL/Senior Citizen Exemption/Affidavit Meeting Reconvened Meeting reconvened at P.M. Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjoumed at P.M. Elizabeth A~ Neville Southold Town Clerk