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HomeMy WebLinkAboutAG-05/10/2011ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER FINAL 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 May 10, 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 lqeeting called to order on lqay 10, 2011 at lqeeting Hall, 53095 Route 25, Southold, NY. I. REPORTS 1. Justice Rudolph H. Bruer April 2011 2. Land Tracking 1st Quarter 2011 3. Zoning Board of Appeals April 2011 Southold Town Meeting Agenda - May 10, 2011 Page 2 4. Special Projects Coordinator April 2011 5. Building Dept April 2011 6. Code Inspector April 2011 7. North Fork Animal Welfare League Financial Statements March 2011 8. Town Clerk 1St Quarter Report 9. Board of Town Trustees April 2011 II. PUBLIC NOTICES NYS Liquor License Renewal Bedell North Fork LLC d/b/a Corey Creek Vineyards, 45470 Main Rd., Southold Harbes Family Vineyard LLC, 715 Sound Ave., Mattituck III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 A.M. - Heather Lanza Comprehensive Plan Update 2. 9:30 A.M. - Jim McMahon, Ken Reeves Peconic Lane Community Center 3. Fishers Island Road Resurfacing Project Update 4. LL/Factory Avenue No Parking 5. LL/Noise Ordinance to be Referred to Code Committee (5/18) 6. MS4 Annual Report Public Hearing 7. LWRP Amendments Public Hearing 5/10 8. LL/Building Permit Renewal Fees 5/10 9. LL/Carter Permits 10. Data Processing Disaster Recovery Plan 11. Website Development Public Meeting May 19th at 7:00 p.m. 12. EXECUTIVE - 12:00 P.M. - Labor - ChiefCochran Matters involving Employment of Particular Person(s) 13. EXECUTIVE - Litigation Terzis v. TOS Building Department, et al 14. EXECUTIVE - Litigation John DiVello, et al v. Town of Southold MINUTES APPROVAL Southold Town Meeting Agenda - May 10, 2011 Page 3 RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, April 12, 2011 Vote Record Acceptance of Minutes for April 12, 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 [] [] [] [] RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, April 26, 2011 Vote Record Acceptance or Minutes for April 26, 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 [] [] [] [] V. RESOLUTIONS 2011-360 CA TEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated May l0t 2011. Vote Record Resolution RES 2011 360 [] 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 2011-361 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set Next Town Board Meeting Southold Town Meeting Agenda - May 10, 2011 Page 4 RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held at 4:30 PM on Tnesday~ May 24~ 2011 at the Southold Town Hall, Southold, New York Vote Record Resolution RES 2011 361 [] 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 2011-358 Tabled 4/26/2011 4:30 Pgd CA TEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL 4 of2011 - Solid Waste & Carter Permits WHEREAS, there had been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 29th day of March, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 233, Solid Waste, to Clarify Re~uiations Pertainin~ to the Disposal of Solid Waste and Recyclables and Implement the Requirement of a Carters Permit. WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 26th day of April, 2011 at 4:32 p.m. at which time all interested persons were given an opportunity to be heard. RESOLVED the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 233~ Solid Waste~ to Clarify Re~uiations Pertainin~ to the Disposal of Solid Waste and Recvclables and Implement the Requirement of a Carters Permit" which reads as follows: LOCAL LAW NO. 4 of 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 233, Solid Waste, to Clarify Re~uiations Pertainin~ to the Disposal of Solid Waste and Recyclables and Implement the Requirement of a Carters Permit". BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose. The safe and proper disposal of the solid wastes generated by the people of the Town of Southold Town Meeting Agenda - May 10, 2011 Page 5 Southold and adherence to the mandates of the Town's Solid Waste Management Plan with respect to collection and disposal of solid waste and recyclables has been and remains a matter of serious public concern. The purpose of this local law is to clarify regulations and permitting requirements. II. Chapter 233 of the Code of the Town of Southold is hereby amended as follows: §233-1. Del'tuitions. REFUSE HAULER/CARTER An,/individual, association, partnership, finn, corporation, not- for-profit organization, or an,/other person so deemed b,/the Town to be engaged in the business of collection, pickup, transfer, removal and/or disposal of Solid Waste and/or Rec,/clables. §2:3:3-:3. Town Transfer Station. A. Use of Town Transfer Station. No person shall deposit or cause to be deposited in or on any transfer station maintained by a waste district in the Town of Southold any waste of any kind except under the direction of the attendant in charge, whether such direction is given personally or by another person by his authority or by a sign or signs erected at the transfer station by the authority of the Town Board ^~ Southold Town Meeting Agenda - May 10, 2011 Page 6 The Town may re~se to accept any ~ garbage, re~se, rubbish or other material that does not have its origin within the Town of Southold :-a- ~c ..cpc:i~c.. er ali:pc:cd cf in No vehicle shall be permi~ed to transpo~ re~se into the Town's Transfer Station any ................................. j .... Town cf Scut~c!d unless such vehicle displays a valid pe~it or the operator pays the applicable single-entry fee, except that vehicles owned and operated by any of the following entitled shall be permi~ed to transpo~ re~se into Southold Town Meeting Agenda - May 10, 2011 Page 7 e Town's Trans r on an3 iran: r ........................ j ...................... , provided that at least one valid permit and/or license has been issued to the particular entity: the State of New York, the County of Suffolk, the Village of Greenport and fire districts, school districts and park districts located within the Town of Southold. The attendant at the transfer station is authorized to prohibit the disposal of discarded motor vehicles and/or discarded fuel tanks having a capacity in excess of 550 gallons at the transfer station. All municipal recyclables must be deposited in the appropriate location of the transfer station owned by the Town of Southold. §233-3A. Disposal and Collection of Solid Waste and Recvclables. A. All solid waste and recyclables generated within the Town of Southold shall be collected and/or disposed of in the following manner: (1) Residential self-haulers and commercial self-haulers. (a) No cans, corrugated cardboard, glass, plastic or newspaper as defined herein shall be deposited at the Town's Transfer Station unless separated from any and all solid waste, trash, rubbish and vegetative yard waste. They are to be deposited only at designated areas within such Town disposal area. (b) Nonrecyclable waste. [1] Residential self-haulers. Nonrecyclable waste generated by residential self-haulers shall be disposed of only in a Town garbage bag as defined herein and deposited only at designated areas within the Town's Transfer Station. [2] Commercial self-haulers. Nonrecyclable waste generated by commercial self-haulers may be either: Iai Disposed of in a Town garbage bag and deposited at designated areas within the Town's Transfer Station; or [bi Disposed of at the designated areas within the Town's Transfer Station upon paying the appropriate charge as set by Town Board resolution for the weight ofnonrecyclable waste deposited. (2) Private residential refuse haulers/carters. (a) The owners or occupants of all residences within the Town which utilize collection services provided by persons licensed to collect refuse pursuant to the provisions of this article shall place recyclables in separate containers at curbside for collection on such day or days as the licensee serving such residence shall designate. (b) It shall be unlawful for any person to place out for collection any container in which refuse is mixed with recvclables. (c) It shall be unlawful for any person to collect refuse from a residence which is mixed with recyclables or thereafter to commingle different types ofrecyclables or to mix recyclables with refuse. (d) Recyclables collected by private residential refuse haulers/carters and transported to the transfer station shall be deposited in areas designated by Southold Town Meeting Agenda - May 10, 2011 Page 8 appropriate landfill personnel. (e) Nonrecyclable waste. Ill The owners or occupants of all residences within the Town which utilize collection services provided by persons licensed to collect refuse pursuant to the provisions of this article shall place nonrecyclable waste in Town garbage bags for collection on such day or days as the licensee serving such residents shall designate. [2] It shall be unlawful for any person to place out for collection any nonrecyclable waste which is not in a Town garbage bag. It shall be unlawful for any person to collect nonrecyclable waste from a residence which is not in a Town garbage bag. [3] Nonrecyclable waste in Town garbage bags collected by private residential refuse haulers/carters and transported to the transfer station shall be deposited only in areas designated by appropriate landfill personnel. [4] The above requirements shall not apply to residences located within the Fishers Island Waste Management District. (3) Private commercial refuse haulers/carters. (a) The owners or occupants of all commercial establishments within the Town which utilize collection services provided by a refuse hauler/carter shall place recyclables in separate containers at curbside for collection on such day or days as the licensee serving such business shall designate. (b) It shall be unlawful for any commercial establishment to place out for collection any container in which refuse is mixed with recvclables. (c) It shall be unlawful for any commercial establishment to place out for collection any container in which one type ofrecyclable is mixed with any other type or types ofrecyclables. (d) It shall be unlawful for any private commercial refuse hauler/carter to collect refuse from any commercial establishment which is mixed with recyclables or thereafter to commingle different types ofrecyclables or to mix recyclables with refuse. (e) Recyclables collected by private commercial refuse haulers/carters and transported to the transfer station shall be deposited in areas designated by appropriate personnel. Commercial Waste Permit Requirements. 1. With the exception of those operating within the Fishers Island Waste Management District, no refuse hauler or carter or agent thereof shall collect, transport or dispose of Solid Waste and/or Recyclables generated within the Town without obtaining a Carter's Permit issued by the Town Clerk. 2. All applications for Carter Permits shall be in writing and shall contain such information as requested by the Town, but at a minimum, such applications shall include a list of all vehicles (including vehicle license numbers the applicant intends to utilize for the collection of Solid Waste and/or Recyclables in the Town). The list shall also describe the cubic yard capacity for each vehicle. All Carter Permit information shall be verified by the applicant as required by this Southold Town Meeting Agenda - May 10, 2011 Page 9 local law and the Town. Upon receipt of a complete application, the Town Clerk shall refer the application to the Solid Waste District and the Zoning Inspector for a determination of whether any violations of the law exist. The Town Clerk shall issue the applicant a Carter Permit so long as the applicant is deemed by the Solid Waste District and Zoning Inspector to be in compliance with this local law and all applicable County and State regulations. Renewal of Carter Permits shall be in the same manner and subject to the same conditions as original Carter Permits, and also shall be subject to any additional requirements in effect at the time of application for renewal as specified by the Town. Whenever satisfactory proof, such as by means of an affidavit, is submitted to the Town Clerk that a Carter Permit issued for the purpose set forth in this local law has been lost or destroyed, the Town Clerk shall, upon payment of five dollars ($5.00) by the applicant, issue a new Carter Permit. No Carter Permit issued pursuant to the provisions of this local law shall be transferable. The Carter Permit holder hereunder shall, upon request, furnish the Town with a list detailing the number of residences, commercial establishments or other generators of Solid Waste and/or Recyclables located in the Town and serviced by the applicant and the intended location that said Solid Waste and/or Recyclables 10. shall be deposited by the carter. This list shall be prepared at a level of detail satisfactory to the Sc,!i~ Waste District Town Clerk and shall be updated by the Carter Permit holder at the request of the Town, but not more often than every three months. The Town, pursuant to §233-8 of this local law, shall have the power to impose a civil penalty or suspend or revoke a Carter Permit granted or renewed pursuant to this local law for any violation of any provision of this local law or any applicable rule, regulations, code or ordinance relating to the collection, handling, hauling or disposal of Solid Waste and/or Recyclables. All collection, transportation and/or disposal of Solid Waste and/or Recyclables shall be in strict conformance with the rules and regulations prescribed in this local law and as such rules and regulations may hereafter be amended or supplemented by the Town Board. All vehicles used in the collection, transportation and/or disposal of Solid Waste and/or Recyclables shall be maintained in a sanitary condition and shall be constructed as to prevent leakage in transit. The body of the vehicle shall be wholly enclosed or shall at all times be kept covered with an adequate cover. The name of the Carter shall be readily visible on all vehicles, and on all containers utilized for the collection of Solid Waste and/or Recvclables generated within the Town. Any Carter Permit issued pursuant to this local law shall be in the nature of a privilege subject to the terms and conditions set forth in this local law and as amended or supplemented by the Town, and shall not be deemed to create a property interest with respect to the Carter Permit in the holder. 11. All Carter Permit requirements specified herein, including, but not limited to, Southold Town Meeting Agenda - May 10, 2011 Page 10 Carter Permit fees may be amended or adiusted from time to time by resolution of the Town Board. 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 358 [] 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 2011-362 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Recreation Hire Summer Recreation Program Instructors Resolved that the Town Board of the Town of Southold authorize and direct Supervisor Scott A. Russell to execute an agreement with the following individuals and businesses for the summer 2011 recreation programs, all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the recreation department's 2011 instructor line A7020.4.500.420. Charlene Lowery (Irish Set Dancing) ........................... $30/hour Darren Mignone (hula hoop fitness program) ................. $30/hour Sonomi Obinata (Japanese Cooking) ............................ $30/hour Jeffery Scharadin (wilderness survival) ........................ $30/hour Southold Town Meeting Agenda - May 10, 2011 Page 11 Vote Record Resolution RES 2011 362 [] 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 2011-363 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Wounded Warrior Project Ride 6/25/11 Fiscal Impact: Police Department cost for event $434.00 RESOLVED the Town Board of the Town of Southold hereby ~rants permission and provide police escort to Wounded Warrior Proiect to hold a bicycle ride on Saturday, June 25, 2011. The ride to commence at Mitchell Park, Greenport at 9 AM and proceed west on Route 25 to Mattituck Fire Department, north on Love Lane to Route 48 and east to Moores Lane then bike to the Greenport Fair Fields, ride will end at approximately 1:30 PM provided they provide written approval from the Village of Greenport and 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. All town fees for this event shall be waived. Vote Record Resolution RES 2011 363 [] 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 2011-364 CATEGORY: DEPARTMENT: Employment - Town Police Dept Appoint Seasonal Police Officers- John Crosser, Robert Haase, Jr. and Jacob Bogden Southold Town Meeting Agenda - May 10, 2011 Page 12 RESOLVED that the Town Board of the Town of Southold hereby appoints the followin~ individuals to the position of Seasonal Police Officer for the Southold Town Police Department, effective May 16, 2011 through September 18, 2011, at a rate of $20.01 per hour: John Crosser Robert Haase, Jr. Jacob J. Bogden v' Vote Record Resolution RES 2011 364 [] 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 2011-365 CATEGORY: DEPARTMENT: Ratify Fishers Island Reso. Fishers Island Ferry District FIFD Hire Marien & Company CPA to Audit 2010 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 May 4, 2011: "Resolved that the Board of Commissioners hereby select the firm of Marien & Company CPA's LLC as District auditor for the FYE December 31, 2010." Vote Record Resolution RES 2011 365 [] 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 2011-366 CA TEGORY: Policies DEPARTMENT: Town Attomey Adopts the Town of Southold Data Processing Disaster Recovery Plan Policy, Effective Immediately RESOLVED that the Town Board of the Town of Southold hereby adopts the Town of Southold Town Meeting Agenda - May 10, 2011 Page 13 Southold Data Processin~ Disaster Recovery Plan Policy, effective immediately. Vote Record Resolution RES 2011 366 [] Adopted [] Adopted as Panended [] 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 2011-367 CATEGORY: DEPARTMENT: Bid Acceptance Solid Waste Management District Accept Proposal for LF Groundwater Monitoring WHEREAS Lockwood, Kessler & Bartlett, Inc. (LKB) submitted the lowest responsible cost proposal in response to the Town's request for proposals to continue quarterly monitoring of groundwater around the Cutchogue landfill, as required by DEC Part 360 Regulations, it is hereby RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of LKB, Inc. to conduct said quarterly ~roundwater monitorin~ for a period of up to four (4) years, at the prices stated in their proposal of April 15, 2011, all in accordance with the Town Attorney. Vote Record Resolution RES 2011 367 [] Adopted [] Adopted as Panended [] 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 2011-368 CATEGORY: DEPARTMENT: Bid Acceptance Solid Waste Management District Accept Proposal for LF Gas Monitoring Southold Town Meeting Agenda - May 10, 2011 Page 14 WHEREAS Dvirka and Bartilucci Consulting Engineers submitted the lowest responsible cost proposal in response to the Town's request for proposals to continue quarterly monitoring of landfill gas at the Cutchogue landfill, as required by DEC Part 360 Regulations, it is hereby RESOLVED that the Town Board of the Town of Southold accepts the proposal of D&B to conduct quarterly monitorin~ of landfill ~as for a period of up to four (4) years at the prices submitted in their proposal of April 15, 2011, all in accordance with the Town Attorney. Vote Record Resolution RES 2011 368 [] 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 2011-369 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Close Case's Lane for Antique Show Fiscal Impact: Police Department cost for event $304.40 RESOLVED the Town Board of the Town of Southold hereby grants permission to the Cutcho~ue-New Suffolk Historical Council to close Case's Lane from Fairway Drive to Route 25, for its 47th Annual Antiques Show and Sale in Cutcho~ue, on Saturday, July 2, 2011 from 7:00 AM to 5:00 PM, 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. All fees are waived. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. Vote Record Resolution RES 2011 369 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-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 Southold Town Meeting Agenda - May 10, 2011 Page 15 2011-370 CATEGORY: DEPARTMENT: Authorize to Bid Solid Waste Management District MSW Haul-Diapose Bid WHEREAS the Town's current MSW Haul and Dispose contract with Trinity Transportation expires on June 30, 2011 it is therefore RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the Haul and Disposal of municipal solid waste (MSW) from the Cutchogue Transfer Station starting July L 2011. Vote Record Resolution RES 2011 370 [] 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 2011-371 CATEGORY: Attend Seminar DEPARTMENT: Solid Waste Management District Spring 2011 SWANA Technical Session WHEREAS the Solid Waste Coordinator has been asked to participate in a seminar on Pay-As- You-Throw (PAYT) waste disposal programs, it is RESOLVED that the Town Board of the Town of Southold hereby grants permission to Solid Waste Coordinator Bunchuck to attend a the Solid Waste Ass'ri. of North America~ New York Chapter's (SWANA) Spring Technical Session in Albany, NY on June 7, 2011. All expenses for registration, travel, and one night's lodging to be a legal charge to the 2011 budget (meetings and seminars). Southold Town Meeting Agenda - May 10, 2011 Page 16 Vote Record Resolution RES 2011 371 [] Adopted [] Adopted as Panended [] 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 2011-372 CATEGORY: Seqra DEPARTMENT: Town Attorney LL/Bu#ding Permit Renewal Fees SEQRA RESOLVED that the Town Board of the Town of Southold hereby finds that the adoption of the 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" is classified as a Type II Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617.5, and is not subject to review- under SEQRA. Vote Record Resolution RES 2011 372 [] Adopted [] Adopted as Panended [] 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 2011-373 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Youth Bureau Resignation & Appointment RESOLVED the Town Board of the Town of Southold hereby accepts the resignation of Thomas Hudock and hereby appoints Harold Pleitez to the Youth Bureau Board, effective immediately through March 31, 2012. Southold Town Meeting Agenda - May 10, 2011 Page 17 Vote Record Resolution RES 2011 373 [] 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 2011-374 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Clerk Enact LlfBuilding 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." and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, NOW THEREFOR BE IT RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Buildin~ Code Administratiom in connection with Buildin~ Permit Renewal Fees" reads as follows: LOCAL LAW NO. 5 of 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Buildin~ Code Administratiom in connection with Buildin~ Permit Renewal Fees". BE IT ENACTED by the Town Board of the Town of Southold as follows: II. 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: Southold Town Meeting Agenda - May 10, 2011 Page 18 §144-8. Building permit required; application for permit. 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. BC. 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. 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 374 [] 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 VI. PUBLIC HEARINGS 1. LWRP Amendments PH 5/10/11 7:35 P.M. 2. PH LL/Building Permit Renewal Fees Southold Town Meeting Agenda - May 10, 2011 Page 19 3. MS4 SWMPP & Annual Report PH 5/10/11