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Home My WebLink AboutAG-05/24/2011ELIZABETH 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 24, 2011 4:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Agenda is generally available the Friday before the meeting. The video of the meeting is usually available 1-2 hours after the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed in one of two ways: (1) The town 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 4:30 PM Meeting called to order on May 24, 2011 at Meeting Hall, 53095 Route 25, Southold, NY. I. REPORTS 1. Budget Month ended April 30, 2011 2. Program for the Disabled April 2011 Southold Town Meeting Agenda - May 24, 2011 Page 2 3. Human Resource Center April 2011 4. Island Group - Employee Health Care Plan 4/1/10 to 3/31/11 claims 5. Justice William H. Price Jr. April 2011 6. Justice Louisa P. Evans April 2011 II. PUBLIC NOTICES 1. Notice of Complete Application to NYS DEC Suffolk County Water Authority: Modify the existing was supply permit to increse the pumping rate from Laurel Lake Well Nos. 3, 4 & 5 to 12 hours per day. Laurel Lake well field, south side of Sound Avenue, 435 feet west of Cox Neck Road, Laurel. 2. NYS Liquor License Renewals Joseph Paul Winery, Inc, Vineyard 48, 18910 Middle Rd., Cutchogue III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 A.M. Peter Byrne & Matt Ross Renewable Developers 2. 9:45 A.M. - Jill Doherty, Town Trustees Revisions to Chapter 275 3. 10:15 A.M. - Jim McMahon & Jamie Richter Town Beaches 4. 11:00 A.M. - Jim Bunchuck Carter Permit Fees 5. 11:15 A.M. - Philllp Beltz & Jen Andaloro, Exec Safety Committee Haz. Com& Training 6. Blank 7. County Request for M O A Police Complaints Southold Town Meeting Agenda - May 24, 2011 Page 3 8. LL/Wind Energy - P.H. - 5/24 9. LL/Parking on Factory Avenue 10. LL/Noise Ordinance 11. 12:30 P.M. - Executive Session - Melissa Spiro, Stephen Searl Proposed Property Acquisition, publicity of which would substantially affect the value thereof 12. 1:00 P.M. - Executive Session - Litigation Frank Isler, Esq. re:Greenport v. TOS (Kace/Northwind) 13. Executive Session - Litigation O'Malley v. TOS Planning Board et al. 14. Executive Session - Labor Matters Involving Employment of Particular Person(s) 15. Request from DIY Network V. RESOLUTIONS 2011-375 CA TEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated May 24~ 2011. Vote Record Resolution RES 2011 375 [] Adopted [] Adopted as Panended [] 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 2011-376 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Southold Town Meeting Agenda - May 24, 2011 Page 4 Set Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held at 7:30 PM on Tuesday~ June 7~ 2011 at the Southold Town Hall, Southold, New York Vote Record Resolution RES 2011 376 [] 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 2011-377 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Community Development 2011 Youth Services Program/Family Service League RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an A~reement with Family Service League of Suffolk County in connection with 2011 Southold Youth Services Program in the amount of $33,000 for the term January 1, 2011 through December 31, 2011, this program is funded in part by a grant from Suffolk County Youth Bureau, all in accordance with the approval of the Town Attorney. Vote Record Resolution RES 2011 377 [] 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 2011-378 CATEGORY: DEPARTMENT: Budget Modification Human Resource Center Southold Town Meeting Agenda - May 24, 2011 Page 5 Programs for the Aging Enhancements Fiscal Impact: NFS Office for the Aging -Grant In Aid - These program and building enhancements/improvements are being funded through a NTS Grant Program for Senior Center Improvements. WHEREAS the Southold Senior Center in Mattituck provides a congregate nutrition program for all seniors living in the Town and is situated in the westernmost part of the Town, and WHEREAS the 2009-10 Strategic Plan for Southold Senior Services includes development cfa satellite congregate nutrition program to serve more seniors living in the easternmost parts of the Town, and WHEREAS the Town Board of the Town of Southold has determined that the Senior/Youth Center in Peconic should be utilized to help achieve the aforementioned goal, and that equipment and improvements are needed at both Centers to accommodate this enhancement and will cost $26,920, and WHEREAS the Town has secured a $26,000 grant from New York State Office for the Aging for the equipment and improvements, and WHEREAS the Town Board has determined that the purchase of the equipment and improvements should be recorded in the Town's Capital Fund, and the Town's Capital Budget process requires a resolution to formally establish a Capital Budget item in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the followin~ Capital Project in the 2011 Capital Fund: Capital Project Name: Programs for the Aging Enhancements Financing Method: Grant from NYS and Transfer from the General Fund Whole Town Budget: Revenues: H.3772.10 H.5031.20 NYS Programs for the Aging $26,000 Int erfund Transfers $920 Appropriations: H.1620.2.500.975 H.6772.2.500.200 H.6772.2.500.700 Building Improvements Tables & Chairs Kitchen Equipment $5,593 14,356 6,971 and be it further Southold Town Meeting Agenda - May 24, 2011 Page 6 RESOLVED that the Town Board of the Town of Southold hereby modifies General Fund 2011 Budget as follows: To: A. 9901.9.000.100 Transfer to Capital Fund $920 From: A. 6772.4.100.700 Programs for the Aging, Food $920 Vote Record Resolution RES 2011 378 [] 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 2011-379 CATEGORY: DEPARTMENT: Budget Modification Human Resource Center Wireless EquitPment-Katinka House Fiscal Impact: To transfer funds to Data Processing for wireless services for Katmka House's computer system. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Whole Town budget as follows: From: Appropriations A. 6772.4.100.120 To: Appropriations A. 1680.4.100.200 Programs for the Aging Adult Day Care Supplies Central Data Processing PC Parts and Supplies $200.00 $200.00 Vote Record Resolution RES 2011 379 [] 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 24, 2011 Page 7 2011-380 CATEGORY: DEPARTMENT: Authorize to Bid Police Dept Advertise for Vehicle for Police Department RESOLVED: that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for a new 2011 Jeep Grand Cherokee 4x4, or equal, for use at the Police Department. Vote Record Resolution RES 2011 380 [] Adopted [] Adopted as Panended [] 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 2011-381 CATEGORY: DEPARTMENT: Employment - Town Recreation Establish Summer Seasonal Employee Pay Scale Resolved that the Town Board of the Town of Southold establish the following seasonal employee salary schedule for 2011 summer employees of the recreation department as follows: STILLWATER LIFEGUARDS 1st year ..................................................................... $12.17/hour 2nd year ..................................................................... $12.44/hour 3rd year ..................................................................... $12.72/hour 4th year ..................................................................... $12.99/hour 5th year ..................................................................... $13.27/hour 6th year ..................................................................... $13.54/hour 7th year ..................................................................... $13.82/hour 8th year ..................................................................... $14.09/hour 9th year+ ..................................................................... $14.37/hour BEACH ATTENDANTS Southold Town Meeting Agenda - May 24, 2011 Page 8 1st year .................................................................. $9.42/hour 2nd year ..................................................................... $9.58/hour 3rd year ..................................................................... $9.75/hour 4th year ..................................................................... $9.91/hour 5th year ..................................................................... $10.08/hour 6th year ..................................................................... $10.24/hour 7th year ..................................................................... $10.42/hour 8th year ..................................................................... $10.60/hour 9th year+ ..................................................................... $10.78/hour RECREATION SPECIALISTS (WATER SAFETY INSTRUCTORS) 1st year ..................................................................... $16.57/hour 2nd year ..................................................................... $16.82/hour 3rd year ..................................................................... $17.07/hour 4th year ..................................................................... $17.32/hour 5th year ..................................................................... $17.57/hour 6th year ..................................................................... $17.82/hour 7th year ..................................................................... $18.07/hour 8th year ..................................................................... $18.32/hour 9th year+ ..................................................................... $18.57/hour BEACH MANAGERS 1st year ..................................................................... $13.54/hour 2nd year ..................................................................... $13.84/hour 3rd year ..................................................................... $14.14/hour 4th year ..................................................................... $14.44/hour 5th year ..................................................................... $14.74/hour 6th year ..................................................................... $15.04/hour 7th year ..................................................................... $15.34/hour 8th year ..................................................................... $15.64/hour 9th year+ ..................................................................... $15.94/hour RECREATION AIDES (PLAYGROUND INSTRUCTORS) 1st year ..................................................................... $11.34/hour 2nd year ..................................................................... $11.59/hour 3rd year ..................................................................... $11.84/hour 4th year ..................................................................... $12.09/hour 5th year ..................................................................... $12.34/hour 6th year ..................................................................... $12.59/hour 7th year ..................................................................... $12.84/hour 8th year ..................................................................... $13.09/hour 9th year+ ..................................................................... $13.34/hour LIFEGUARD TRAINER Southold Town Meeting Agenda - May 24, 2011 Page 9 1st year ..................................................................... $15.74/hour 2nd year ..................................................................... $15.99/hour 3rd year ..................................................................... $16.24/hour 4th year ..................................................................... $16.49/hour 5th year ..................................................................... $16.74/hour 6th year ..................................................................... $16.99/hour 7th year ..................................................................... $17.24/hour 8th year ..................................................................... $17.49/hour 9th year+ ..................................................................... $17.74/hour Vote Record Resolution RES 2011 381 [] 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 2011-382 CATEGORY: DEPARTMENT: Employment - Town Recreation Hire Summer Seasonal Employees/Issue Free Permits STILLWATER LIFEGUARDS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. HOURLY SALARY Ivy Croteau (3rd year) .......................................... $12.72 Matthew Dellaquila (2nd year) ................................. $12.44 Matthew Grzesik (3rd year) .................................... $12.72 Matthew Hallock (2nd year) ..................................... $12.44 Brittany Knote (6th year) .......................................... $13.54 Nicole Kozlowska (4th year) ..................................... $12.99 Michel Liegey (2nd year) ..........................................$12.44 Christiana Marron (5th year) .................................... $13.27 Timothy McElroy (5th year) .................................... $13.27 Sean Norberg (2nd year) ........................................ $12.44 Jessica Orlando (4th year) ...................................... $12.99 Kevin Parma (3rd year) ........................................... $12.72 Megan Ross (3rd year) ............................................ $12.72 Katie Scott (3rd year) .............................................. $12.72 Andreas Stavropolis (3rd year) ................................... $12.72 Sean Whyard (7th year) ........................................... $13.82 Winston Wilcenski (2nd year) ................................... $12.44 Southold Town Meeting Agenda - May 24, 2011 Page 10 18. Maeghan Wood (2nd year) ........................................ $12.44 19. Breton Worthington (2nd year) ................................... $12.44 BEACH ATTENDANT S 1. Heather Gadomski (lst year) ................................. $9.42 2. Rick Gramazio (3rd year) ........................................ $9.75 3. Emily Metz (3rd year) ........................................... $9.75 4. Kevin Metz (4th year) ........................................... $9.91 5. Sarah Stromski (lst year) ........................................ $9.42 6. Margarite Yuelys (lst year) ..................................... $9.42 RECREATION SPECIALISTS (WATER SAFETY INSTRUCTORS) 1. Emma Chylinski (2nd year) ........................................ $16.82 2. Jessica McDonnell (2nd year) ..................................... $16.82 BEACH MANAGERS 1. Arthur Quintana (23rd year) ...................................... $15.94 2. Timothy McElroy (4th year) ..................................... $14.44 RECREATION AIDES (PLAYGROUND INSTRUCTORS) 1. Heather Gadomski (lst year) ................................... $11.34 2. Margarite Yuelys (lst year) ...................................... $11.34 LIFEGUARD TRAINER 1. Meg Sautkulis (2nd year) ....................................... $15.99 Resolved that the Town Board of the Town of Southold authorize the issuance of free beach parking permits to the following employees: Water Safety Instructors, Beach Attendants, Lifeguards, Lifeguard Trainer, Beach Managers, and Recreation Supervisor Ken Reeves. Vote Record Resolution RES 2011 382 [] Adopted [] Adopted as Panended [] 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 2011-383 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Sprint into Summer 5K Fiscal Impact: Total Police Cost for the Event $313.66 Southold Town Meeting Agenda - May 24, 2011 Page 11 RESOLVED the Town Board of the Town of Southold hereby ~rants permission to Mattituck-Cutcho~ue Athletic Booster Club (MCABC) to hold a "Sprint into Summer 5K" in Mattituck on Sunday June 12, 2011, be~innin~ at 9:00 AM, and to use the following route: begin at Mattituck High School head west, turn left on Pike Street, cross Route 25 to Reeves Avenue, head south, turn left at New Suffolk Avenue, right onto Marratooka Road to end, north on Marratooka Road, cross New Suffolk Avenue to Marratooka Lane, left at Route 25, right on Wickham Avneu, right on Pike Street, return to Mattituck High School westerly entrance for the finish, 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. All town fees are waived. Vote Record Resolution RES 2011 383 [] 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 2011-384 CATEGORY: DEPARTMENT: Public Service Town Clerk Fireworks Permit to Star Hose Company of the Greenport Fire Department for a Fireworks Display on May 27 andMay 29, 2011 RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a fireworks permit by the Town Clerk to Star Hose Company of the Greenport Fire Department, for a fireworks display on May 27 and May 29, 2011, at Greenport High School's field, payment of a fee of $100, subject to the applicant's compliance with the requirements of the Town's policy regarding the issuance of fireworks permits and subject to the approval of the Town Attorney. Southold Town Meeting Agenda - May 24, 2011 Page 12 Vote Record Resolution RES 2011 384 [] 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 2011-385 CATEGORY: DEPARTMENT: Employment - Town Police Dept Hire Traffic Control Officers - Police Department RESOLVED that the Town Board of the Town of Southold hereby appoints the followin~ to the position of Traffic Control Officer for the Southold Town Police Department, effective May 27, 2011 through September 18, 2011 at a rate of $15.83 per hour: Eric M. Cassidy Theodore A. Richert Ethan RomaneHi Ashley Sawicki Shawn A. Williams Vote Record Resolution RES 2011 385 [] 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 2011-386 CATEGORY: DEPARTMENT: Employment - Town Town Clerk 2011 New York State Town Officials Retirement Reporting WHEREAS, the State of New York has set additional reporting requirements in Section 315.4 of Southold Town Meeting Agenda - May 24, 2011 Page 13 the New York Codes, Rules and Regulations which requires all elected and appointed officials whose terms start on or after August 12, 2009, who are members of the New York State and Local Retirement System and who do not participate in their employer's time keeping system to prepare a log of their work-related activities for three consecutive months and submit their logs to the clerk or secretary of the governing body within 150 days of the start of their term; NOW THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold hereby establishes the following as standard workdays for elected and appointed officials and will report the following days worked to the New York State and the Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: Title Name (Hrs/day) Standard Term Begins/ Participates in Days/Month(based on Work Ends Employer's Record of Activities) Day Time Keeping System Appointed Official Planning Board Member James H. Rich, III 6 1/1/11-12/31/15 N 5.38 BE IT FURTHER RESOLVED, that said standard is being established to meet the accounting requirements of the new York State Employees Retirement System for calculation of retirement benefits, and BE IT FURTHER RESOLVED, that the Town Clerk be and she hereby is authorized to send a certified copy of this resolution to the New York State Employees Retirement System. Vote Record Resolution RES 2011 386 [] 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 2011-387 CATEGORY: DEPARTMENT: Bid Acceptance Public Works Southold Town Meeting Agenda - May 24, 2011 Page 14 Laurel Lake Preserve - Dock & Building Removal Fiscal Impact: This project is funded m full by a grant from NFS Parks, Recreation & Historic Preservation RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Terra Tech Site Development Inc, 260 Cox Neck Road~ Mattituclh NY 11952 to remove a wooden dock, concrete block buildin~ and concrete foundation at the Laurel Lake Preserve~ in the amount of $8~149. This project is funded~ in full by a ~rant from NYS Parks~ Recreation and Historic Preservation~ all in accordance with the approval of the Town Attorney. Vote Record Resolution RES 2011 387 [] 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 2011-388 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Public Works Laurel Lake Preserve - Dock & Building Removal Fiscal Impact: This project is funded m full by a grant from NFS Parks, Recreation and Historic Preservation RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an A~reement with Terra Tech Site Development Inc, 260 COx Neck Road, Mattituck, NY 11952, to remove a wooden doclh a concrete block buildin~ and a concrete foundatiom at the Laurel Lake Preserve, in the amount of $8,149, all in accordance with the approval of the Town Attorney. Southold Town Meeting Agenda - May 24, 2011 Page 15 Vote Record Resolution RES 2011 388 [] 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 2011-389 CATEGORY: DEPARTMENT: Committee Resignation Town Clerk Approve ZBA Training Proposal for 2011 RESOLVED that the Town Board of the Town of Southold hereby authorizes and approves the Southold Town Zonin~ Board of Appeals' trainin~ proposal entitled "Zoning Board of Appeal Training Requirement Proposal for 2011" as sufficient to satisfy the training requirements for Zoning Board of Appeals officials pursuant to Town Law Section 271 (7)(a-d). Vote Record Resolution RES 2011 389 [] 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 2011-390 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Mattituck Legion Memorial Day Parade Fiscal Impact: Police Department cost for event $304.31 RESOLVED the Town Board of the Town of Southold hereby ~rants permission to the Raymond Cleaves Post 861 Mattituck American Le~ion to use the followin~ roads for the Memorial Day Parade be~innin~ at 10:30 a.m. on Monday~ May 30~ 2011,: Pike Street, Wickham Avenue, Westphalia Road, Sound Avenue, Pacific Street, Route 25, and Maple Southold Town Meeting Agenda - May 24, 2011 Page 16 Avenue, Mattituck, New York provided they file with the Southold Town Clerk a One Million Dollar Certificate of Liability Insurance naming the Town of Southold as the additional insured and Contact Captain Flatley to upon notification of this adopted 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 shall be waived. Vote Record Resolution RES 2011 390 [] 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 2011-391 CATEGORY: DEPARTMENT: Property Acquisition Public Hearing Land Preservation Set Tuesday, dune 7, 2011, at 7:32 P.M., Public Hearing for Terry 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~ June 7~ 201L at 7:32 p.m.~ Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearin~ for the purchase of a development rights easement on property owned by Frederick Terry Revocable Trust and Ethel Terry Revocable Trust. Said property is identified as part of SCTM #1000-19.-1-8.4. The address is 32210 Main Road (NYS Route 25), Orient. The property is located within two zoning designations: R-80 (17.88± acres) and R-200 (17.44± acres) and is on the southerly side of Main Road (NYS Route 25), approximately 330 feet east from the intersection of Main Road (NYS Route 25) and Old Main Road in Orient, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 33± acres (subject to survey) of the 35.32± total acres. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owners. The easement will be acquired using Community Preservation Funds. This project may become eligible for partial funding from a grant proposal submitted to the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS). The purchase price is $86,000 (eighty-six thousand dollars) per buildable acre for the 33± acre easement plus acquisition costs. The properties are listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and scenic values and for the protection of fresh and Southold Town Meeting Agenda - May 24, 2011 Page 17 saltwater marshes and wetlands. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned 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 391 [] 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 2011-392 CATEGORY: DEPARTMENT: Budget Modification Justice Court Justice Court Budget Mod Fiscal ]mpact: To provide forpayment of accrued vacation time to a separated employee RESOLVED the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2011 Budget as follows: To: A. 1110.1.100.300 Vacation Earnings $1,681.00 From: A. 1110.1.100.100 Regular Earnings $1,681.00 Vote Record Resolution RES 2011 392 [] 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 Southold Town Meeting Agenda - May 24, 2011 Page 18 2011-393 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor $cott A. Russell to Execute an Agreement wi& &e County of Suffollc for &e STOP-DIgrl Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement with the County of Suffolk for the STOP-DWI Program in an amount not to exceed $57,000.00 ($19,000.00 per year) for the term January 1, 2011 through December 31, 2013, subject to the approval of the Town Attorney. Vote Record Resolution RES 2011 393 [] 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 2011-394 CATEGORY: DEPARTMENT: Budget Modification Public Works Property Taxes Fiscal Impact: Payment of Property Taxes for a building on Fishers Island from Unallocated Contingencies RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund~ ~Vhole Town budget as follows: From: A. 1990.4. lee. lee Unallocated Contingencies $4,200 To: A. 1620.4.600. lee Property Taxes $4,200 Building Fishers Island Southold Town Meeting Agenda - May 24, 2011 Page 19 Vote Record Resolution RES 2011 394 [] 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 2011-395 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the Orient Fire Department to Hold Its Annual Memorial Day Parade Fiscal ]mi)act: Police Department Cost for the Event $116.33 RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to the Orient Fire Department to use the followin~ route for its Annual Memorial Day Parade in Orient on Monday~ May 30~ 2011 be~innin~ at 7:30 AM: begin at the Firehouse and take Tabor Road to Orchard Street to Navy Street to Village Lane to Main Road and back to the Firehouse, 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. All town fees are waived. Vote Record Resolution RES 2011 395 [] 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 2011-396 CATEGORY: DEPARTMENT: Tax Lien Town Attomey Burstein/Unsafe Building Costa' Southold Town Meeting Agenda - May 24, 2011 Page 20 RESOLVED that the Town Board of the Town of Southold, in accordance with the Unsafe Buildings Section 100-9 of the Southold Town Code, and Resolution No. 2010-469, hereby finds that the costs and expenses incurred by the Department of Public Works and the Department of Solid Waste in effectuatin~ the cleanup of the property and in makin~ secure the Unsafe Buildin~ located at 4100 Youn~s Avenue~ Southold~ totals $905.11 and remains unpaid~ and therefore~ shall be levied a~ainst the real property of Sally J. Burstein~ SCTM #1000-55-2-14, and shall be collected at the same time and in the same manner as Town taxes. Vote Record Resolution RES 2011 396 [] 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 2011-397 CATEGORY: DEPARTMENT: Policies Town Attorney Further Amend Par. 11 to the Town of $outhold Procurement Policy RESOLVED that the Town Board of the Town of Southold hereby further an~ends ¶11 of the Town of Southold's Procurement Policy~ adopted on May 18~ 2010~ and an~ended on October 5~ 2010~ to read as follows: · ~,..~ ....... ~,-~v--v-*: ^- v~^e*~,-~ ~c,_c, wing i,cmg, Neither goods nor services are to be ordered without first obtaining a purchase order signed by the Department Head and the Supervisor, with the exception of the followin~ items: (1) Rental payments for Leases approved by formal Town Board resolution (attach a copy of the adopted Town Board resolution to the voucher). (2) Specific purchases approved by formal Town Board resolution (attach a copy of the adopted Town Board resolution to the voucher) which might include bid awards. However, a Purchase Order is required for specific purchases made under "blanket" bid awards such as annual food needs, uniforms, and laundry services. (3) Construction contracts approved by formal Town Board resolution (attach a copy of the adopted Town Board resolution to the voucher). (4) Petty cash purchases. Southold Town Meeting Agenda - May 24, 2011 Page 21 (5) (6) (7) Travel expenses (mileage, tolls, meals, ferry or train expenses, etc.). Meeting and seminar registration fees (attach a copy of the adopted Town Board resolution to the voucher). Legal notices. Invoices are not to be submitted for payment without a properly executed and si~ned voucher and a copy of the relevant Purchase Order or Town Board resolution. Vote Record Resolution RES 2011 397 [] 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 2011-398 CATEGORY: DEPARTMENT: Employment - Town Accounting Appoint Part Time Guam Thomas R. Burdy RESOLVED that the Town Board of the Town of Southold hereby appoints Thomas R. Bnrdy to the position of Part Time Guard for the Solid Waste District, effective May 25, 2011, at a rate of $13.40 per hour. Vote Record Resolution RES 2011 398 [] 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 2011-399 CATEGORY: Bond DEPARTMENT: Accounting Indebtedness Report for CPF Southold Town Meeting Agenda - May 24, 2011 Page 22 WHEREAS, the Town of Southold, in the County of Suffolk, New York (the "Town") has heretofore authorized the acquisition of land pursuant to General Municipal Law section 247 and authorized the issuance of indebtedness to finance such land acquisition; WHEREAS, pursuant to Town Law section 64-e, the Town Supervisor has prepared or caused to be prepared a report demonstrating how such indebtedness will be repaid by the Town's Community Preservation Fund, heretofore established pursuant to Local Law 12 of 1998. Now therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all the members of said Town Board), AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), hereby acknowledges and accepts the report annexed hereto as Exhibit A prepared by or on behalf of the Town Supervisor, which report demonstrates how such indebtedness will be repaid by the Town's Community Preservation Fund ("CPF"), established pursuant to Local Law 12 of 1998; including an estimate of projected revenues of the fund during the period of indebtedness, an accounting of all other indebtedness incurred against the fund to be repaid for the same period, and finding that there will be sufficient revenue to repay such indebtedness in its entirety from the fund. Section 2. Attached hereto as Exhibit B is a list of the parcels to be acquired, subject to a public hearing required by section 247 of the General Municipal Law, and financed by indebtedness and/or paid from other funds of the Town, including moneys presently held in the CPF. Section 3. This resolution shall take effect immediately. Southold Town Meeting Agenda - May 24, 2011 Page 23 Exhibit B Estimated Purchase SCTM # or Other Identifier Name Parcels Under Contxact 54.-7-21.1 102.-2-16 & 102.-6-16 53.-1-1.2, 1.3 115.-2-6 Offers accepted, but not yet under contract Parcel A 33.32 acres Parcel B 12.40 acres Estate of Julia Conway Lewis L. Edson Manor Grove Marratooka North, LLC Price 1,812,500 1,367,400 562,500 1,172,500 2,838,000 806,000 Southold Town Meeting Agenda - May 24, 2011 Page 24 Pending offer Parcel C 20.00 acres Pending Ag PDD application Parcel D 2.00 acres Exhibit Total 1,220,000 111,320 $ 9,890,200 Vote Record Resolution RES 2011 399 [] 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 2011-400 CATEGORY: DEPARTMENT: Employment - Town Accounting Appomt donathan L Hiller Full Time Deckhand WHEREAS, The Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their May 17, 2011 monthly meeting to hire as a full time deckhand Jonathan I. Hiller effective May 24, 2011 and WHEREAS, the Commission hereby establishes a policy that full time employees will be scheduled for no less than 80 hours per pay period and as closely as is reasonably possible scheduled work hours will not exceed 80 hours per pay period. WHEREAS, Management recommends that Jonathan I. Hiller be hired as a full time deckhand; and WHEREAS, Management has represented to the Commission that addition of Mr. Hiller as a full time employee will not diminish or impede Management's ability to manage to or satisfy the Policy, and WHEREAS, the Town Board of the Town of Southold is required to approve appointments and salary adjustments of employees of the Fishers Island Ferry District, now therefore be it RESOLVED, that Jonathan I. Hiller be and is hired as a full time deckhand at a rate of $14.00 per hour effective May 24, 2011. Southold Town Meeting Agenda - May 24, 2011 Page 25 · /VoteRecord ResolutionRES 2011 400 [] 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 2011-401 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement Between the Town of Sou&old and &e Nor& Fork Anirnal Welfare League, Inc. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the A~reement between the Town of Southold and The North Fork Animal Welfare Lea~ue~ Inc. for a term of four (4) years commencing on June 1, 2011, and ending on May 31, 2015, regarding the Southold Town Animal Shelter, subject to the approval of the Town Attorney, for the following amounts: 6/1/11 5/31/12 6/1/12 5/31/13 6/1/13 5/31/14 6/1/14 5/31/15 $205,000.00 $211,150.00 $217,484.00 $217,484.00 ~VoteRecord ResolufionRES 2011 401 [] 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 2011-402 CATEGORY: Contracts, Lease & Agreements Southold Town Meeting Agenda - May 24, 2011 Page 26 DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the MS4 Municipal Compliance Certification Form m Conjunction with the Town's Submission oflts MS4 Annual Report RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the MS4 Municipal Compliance Certification Form in coniunction with the Town's submission of its MS4 Annual Report~ following the close of the public hearing relating to the content of the Report on May 10, 2011, subject to the approval of the Town Attorney. v'VoteRecord ResolutionRES 2011 402 [] 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 2011-403 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Agreement with Latham Sand & Gravel, Inc. m Connection with the Town Beach Restoration Project and the Sound View A venue Road Shoulder Reconstruction, Rock Revetment and Shoulder Stabilization Project RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an A~reement with Latham Sand & GraveL Inc. in connection with the Town Beach Restoration Project and the Sound View Avenue Road Shoulder Reconstruction, Rock Revetment and Shoulder Stabilization Project, in the amount of $130,000.00, subject to the approval of the Town Attorney. v'VoteRecord ResolutionRES 2011 403 [] 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 Southold Town Meeting Agenda - May 24, 2011 Page 27 2011-404 CATEGORY: DEPARTMENT: Set Carter Fees Legislation Town Attorney RESOLVED that the Town Board of the Town of Southold hereby sets the fee for Carter permits pursuam to section 233-3A(B)(11) of the Southold Town code as follows: $120.00 per Carter for the 1st vehicle and $60.00 for each additional vehicle per year ~VoteRecord ResolutionRES 2011 404 [] 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 2011-405 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Contract with Carlisle E. Cochran Jr RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a revised contract of employment with Carlisle E. Cochran, Jr. effective January 1, 2010, subject to the approval of the Town Attorney. ffVoteRecord ResolutionRES 2011 405 [] 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 - May 24, 2011 Page 28 2011-406 CATEGORY: DEPARTMENT: Employment - Town Town Attorney Mtent to Retire of Carlisle E. Cochran, dr RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Chief Carlisle E. Cochran, Jr. effective July 5, 2011. v'VoteRecord ResolutionRES 2011 406 [] 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 2011-407 CATEGORY: DEPARTMENT: Litigation Town Attorney Retains Frank A. Islet, Esq. as Special Counsel in the Supreme Court, Suffolk County Civil Action Entitled "Francis and Patricia 0 'Malley I~ Planning Board of the Town of Southold, Et,~ll. " Under Index No. 11-15654 RESOLVED that the Town Board of the Town of Southold hereby retains Frank A. Isler~ Esq. as Special Counsel in the Supreme Court~ Suffolk County civil action entitled "Francis and Patricia O'Malley v. Plannin~ Board of the Town of Southold~ et al." under Index No. 11- 15654. v'VoteRecord ResolutionRES 2011 407 [] 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 - May 24, 2011 Page 29 2011-408 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Attorney PH 6/21/11 @ 4:35Pm LL/Yoise Ordinance WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 24th day of May, 2011, a Local Law entitled "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold". 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 21st day of June, 2011 at 4:35 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 the Prevention and Control of Noise Pollution in the Town of Sonthold" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled, "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. A new Chapter 200 of the Code of the Town of Southold is hereby adopted as follows: §200-1. Title. This law shall be known as the "Prevention and Control of Noise Pollution Law of Southold Town." §200-2. Purpose. The gentle pace of life in the Town of Southold has traditionally provided a respite from the noise and turmoil which has become an integral part of life in the city and suburbs and which has even encroached into many resort areas on the East End. Crafting of regulations that are uniquely appropriate for the Town of Southold are aimed to protect this rural, almost nostalgic way of life while providing an atmosphere for businesses to flourish. The existence of unreasonably loud, unnecessary disturbing or unusual noise within the Town has become an increasingly, significant problem during recent years. Such noise pollution which is prolonged, unusual or unnatural in its time, place and use is harmful to the peace, welfare, comfort, safety, convenience, good order and prosperity of the inhabitants of the Town of Southold. It is the public policy and findings of the Town Board that every person is entitled to noise levels that are not detrimental to life, health and the enjoyment of his or her property. The provisions and prohibitions hereinafter enacted are in pursuance of this policy and these findings and for the purpose of protecting and promoting the public health, comfort, convenience, peace, Southold Town Meeting Agenda - May 24, 2011 Page 30 safety, welfare and prosperity of the Town of Southold and its inhabitants. §200-3. Statutory authorization. This chapter is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through regulations intended to govern noise pollution within the entire Town. §200-4. Del'tuitions. As used in this Chapter, the following terms shall have their meanings indicated. AIRBORNE SOUND - Sound that reached the point of interest by propagation through the air. AMPLIFIED SOUND - Sound which has its volume increased by electronic means. CHARITABLE EVENT - An event whose sole purpose is to raise money for a specific charity or non-profit organization. COMMERCIAL SERVICE EQUIPMENT - All engine-powered or motor-powered equipment intended for infrequent service work in inhabited areas, typically requiring commercial or skilled operators. Examples of commercial service equipment are chain saws, log chippers, paving rollers, etc. CONSTRUCTION DEVICE - Any powered device or equipment designed and intended for use in construction. Examples of construction devices are air compressors, bulldozers, backhoes, trucks, shovels, derricks and cranes. dB(A) - The A-weighted sound level in decibels, as measured by a general-purpose sound-level meter complying with the provisions of the American National Standards Institute specifications for sound-level meters, properly calibrated and operated on the A-weighing network. DECIBEL ("dB") - The unit for measuring the volume of a sound based upon the pressure level of a sound. For the purpose of this chapter, the standard reference pressure stated herein will be used to assure a consistent and standard reference for measuring sound. HOMEOWNER'S LIGHT RESIDENTIAL OUTDOOR EQUIPMENT - All engine-powered or motor-powered garden or maintenance tools intended for repetitive use in residential areas, typically capable of being used by a homeowner. Examples of homeowner's light residential outdoor equipment are lawn mowers, garden tools, riding tractors, snowblowers, snowplows, etc. NOISE POLLUTION - Airborne or amplified sound which: A. Causes temporary or permanent hearing loss in persons exposed; or B. Is otherwise injurious, or tends to be, on the basis of current information injurious to the public health or welfare; or C. Disturbs a reasonable person of normal sensitivities; D. Exceeds standards or restrictions established herein; or E. Interferes with the comfortable enjoyment of life and property orthe conduct of Southold Town Meeting Agenda - May 24, 2011 Page 31 business. The following are deemed to interfere with the comfortable enjoyment of life and property or the conduct of business: 1. Yelling or shouting at any time that disturbs the quiet, comfort or repose of person or persons residing or occupying an adjacent or neighboring property. 2. The using of, operating of or permitting to be played, used or operated, any radio, receiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of airborne or amplified sound in such a manner as to disturb the peace, quiet and comfort of the person or persons residing or occupying an adjacent or neighboring property. 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 SOUND-LEVEL METER - An instrument for the measurement of noise and sound levels including a microphone, amplifier, an output meter and frequency weighting networks which comply with standards established by the American National Standards Institute (ANSI) specifications for sound-level meters. § 200-5. General prohibition. No person or persons owning leasing or controlling the operation of any source of noise on any lot or structure within the Town shall permit the establishment of a condition of noise pollution. Except as provided in §200-6, the use of amplifiers, speaker or other machines or devices capable of reproducing amplified or airborne sound from the premises, dwelling or building within the Town shall be considered noise pollution and shall be prohibited at all times. § 200-6. Standards. No person shall create or cause to be emitted any noise pollution which when measured on a sound-level meter at or beyond the property line closest to where the noise is generated any'~":-~ ~"- ...... -~ ....... '-:~'- .... '- -~: .... "--':~- :~ Lng gel:crated, or from the property line of a complaining property owner exceeds the following standards: A. Sunday through Thursday: (i) from 7:00 a.m. to 7:00 p.m. airborne or amplified sound in excess of 65 dBA; and (ii) from 7:00 p.m. to 7:00 a.m. airborne or amplified sound in excess of 50 dBA. B. Friday and Saturday: (i) from 7:00 a.m. to 10:00 11:00 p.m. airborne or amplified sound in excess of 65 dBA; and (ii) from ,v:vv 11:00 p.m. to 7:00 a.m. airborne or amplified sound in excess of 50 dBA. § 200-7. Exceptions. A. The provisions of §200-5 and §200-6 shall not apply to the following: 1. The intermittent or occasional use between 7:00 a.m. through 7:~ 9:00 p.m. of Southold Town Meeting Agenda - May 24, 2011 Page 32 10. 11. 12. 13. 14. 15. homeowner's light residential outdoor equipment with mufflers or commercial service equipment, provided that such activities and such equipment and their use comply with the other provisions hereo£ Construction activities between 7:00 a.m. through 7:00 p.m. and the associated use of construction devices or the noise produced thereby, provided that such activities and such equipment and their use comply with the other provisions hereo£ Noise from agricultural equipment. Noise from church bells or chimes used. Noise from snowblowers, snowthrowers and snowplows when operated with a muffler for the purpose of snow removal. Non-amplified noise generated from lawful athletic or recreational activities, events, or facilities. Non-amplified noise-organized activities sponsored by any school district, private school or fire district or department within the Town of Southold. Noise from municipally sponsored celebrations or events. Noise from lawful fireworks displays, parades, and other charitable and special events held in accordance with all pertinent provisions of the Southold Town Code. Noncommercial public speaking or public assembly activities conducted on any public space or public right-of-way. Emergency construction or repair work. Noise from the activities of any fire department, ambulance squad or similar emergency or rescue organization in carrying out their official duties. Noncommercial amplified sound that does not exceed the noise standard established in §200-6 of this chapter. Emergency stationary and mobile signal devices. Audible exterior burglar alarms in operation for 15 minutes or less. § 200 - 8. Enforcement. The provisions of this chapter shall be administered and enforced by the Southold Town Police Department and the Southold Town Office of Code Enforcement. § 200- 9. Penalties for offenses. A. Any person who shall violate the any provisions of this chapter shall be guilty of a violation punishable by a fine not exceeding $500; and upon conviction ofa thir~ er subsequent offense wkhin i~ m~r~, punishable by a fine not exceeding $5,000 $2,500. If the violation is of a continuing nature, each one hour period of violation of any provision of this chapter shall constitute an additional, separate and distinct offense. In addition to any other remedy provided by law, the Town may bring an injunction proceeding to enforce this chapter. II. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any Southold Town Meeting Agenda - May 24, 2011 Page 33 court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. v'VoteRecord ResolutionRES 2011 408 [] 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 2011-409 CATEGORY: DEPARTMENT: Legislation Town Attorney LL/Noise Ordinance to SC?C Z DB RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold" to the Southold Town Plannin~ Board and the Suffolk County Department of Plannin~ for their recommendations and reports. v'VoteRecord ResolutionRES 2011 409 [] 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 2011-410 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Attorney Southold Town Meeting Agenda - May 24, 2011 Page 34 PH 6/21/11 4:32 Pm - LL/Factory ~lvenue Parking WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 24th day of May, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 260, Vehicles and Traffic, in connection with Parkin~ on Factory Avenue" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 21st day of June, 2011 at 4:32 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 260, Vehicles and Traffic, in connection with Parkin~ on Factory Avenue" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 260, Vehicles and Traffic, in connection with Parkin~ on Factory Avenue". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. Parking associated with Factory Avenue in the hamlet of Mattituck has resulted in conditions that impact the public health, safety and welfare in the surrounding community. The conditions consist of undue congestion, restrictions on access and maneuverability as well as dangerous traffic impacts. Accordingly, it is necessary to impose a range of parking limitations in this area to protect the residents of the Town and restrict the blocking of traffic flow and the orderly use of Town roads. Accordingly, Amendments to Chapter 260 are warranted. II. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: § 260-15. Parking or standing prohibited during certain times. Name of Street Side During Location Months & Hours Factory Avenue West At all times In Mattituck, along the west side of Factory Avenue from the northwest comer of New York Route 25 to the southwest corner of Old Sound Southold Town Meeting Agenda - May 24, 2011 Page 35 Name of Street Side During Months & Hours Factory Avenue East At all times § 260-22. Loading Zone. Name of Street Factory Avenue Side Duration East 30 minutes Avenue Location In Mattituck, along the east side of Factory Avenue from the Metropolitan Transit Authority (Long Island Railroad) property to the southeast corner of Old Sound Avenue. Location/Description In Mattituck, from the northerly curb of the ingress/egress on Factory Avenue for the Shopping Center located on the north side of New York Route 25, northerly approximately 300 ft. to the Metropolitan Transit Authority (Long Island Railroad) property. 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 by law. v'VoteRecord ResolufionRES 2011 410 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withdrawn 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 Southold Town Meeting Agenda - May 24, 2011 Page 36 2011-411 CATEGORY: DEPARTMENT: Legislation Town Attorney LL/Parking on Factory Ave to SCPC & PB RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 260, Vehicles and Traffic, in connection with Parldn~ on Factory Avenue" to the Southold Town Plannin~ Board and the Suffolk County Department of Plannin~ for their recommendations and reports. ffVoteRecord ResolutionRES 2011 411 [] 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 2011-412 CATEGORY: DEPARTMENT: Policies Town Attorney Adopt TO$ Hazard Communication Plan WHEREAS, the Town Board of the Town of Southold adopted the "Employee Handbook" by Resolution effective September 15, 1998; and WHEREAS, the Town Board has adopted Amendments to the "Employee Handbook" in 1998 and in 2001 to add and update the policies therein; and WHEREAS, the Employee Handbook contains an "Appendix B", the Hazard Communication Standard Written Program, which was adopted in accordance with Federal and State Labor Regulations in 1998; and WHEREAS, it is the intent of the Town Board to revise and update the Hazard Communication Standard Written Program and to remove the Program from the Employee Handbook, so that it exists as a stand-alone Plan; now, therefore, be it Southold Town Meeting Agenda - May 24, 2011 Page 37 RESOLVED that the Town Board of the Town of Southold hereby removes "Appendix B" from the Employee Handbook, and be it further RESOLVED that the Town Board of the Town of Southold hereby adopts the revised and updated Hazard Communication Plan as a stand-alone Plan of the Town. v'VoteRecord ResolutionRES 2011 412 [] 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 2011-413 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Sound Fiew Avenue Easements WHEREAS, the Town of Southold proposes to grant an easement to the owners of the following tax lots: 1000-135-1-15.1;: 1000-135-1-20;: 1000-135-1-22.1;: 1000-135-1-24;: 1000-135-2- 22;: 1000-135-1-16;: 1000-135-1-17;: 1000-135-1-18; and 1000-135-1-19 over the northerly portion of 66 foot right of way known as Sound View Avenue between each respective property line and the boundary of the road; and WHEREAS, the property owners of the following tax lots 1000-135-1-15.1; 1000-135-1-20;: 1000-135-1-22.1;: 1000-135-1-24;: 1000-135-2-22;: 1000-135-1-16;: 1000-135-1-17;: 1000- 135-1-18; and 1000-135-1-19 are granting the Town an easement over their respective property to allow the Town to complete the Sound View Avenue Road Shoulder Reconstruction Project; and WHEREAS, the need for these easements was caused by severe erosion and degradation as a result of a major storm event of the 2010/2011 Winter which severely undermined and threatened the integrity of Sound View Avenue and the beach stair/access structures of these property owners; and WHEREAS, the Town of Southold desires to enable these property owners to access their property; and Southold Town Meeting Agenda - May 24, 2011 Page 38 WHEREAS, the execution of a proposed easement is a routine action under normal agency administration and will not affect the environment through new programs or maj or reordering of priorities; and WHEREAS, the approval of the easement by the Town Board of the Town of Southold is subject to a permissive referendum, pursuant to the provisions §64(2) of the Town Law of the State of New York; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby approves the grant and conveyance of an easement to the aforementioned property owners for the sole purpose of constructing beach stair/access structures duly reviewed and approved by any Agency/Board having jurisdiction over such structures; and be it further RESOLVED that pursuant to the provisions of §64(2) of the Town Law, this conveyance is subject to permissive referendum under the procedure set forth in Article 7 of the Town Law of the State of New York; and be it further RESOLVED that within ten (10) days after the adoption of this resolution by the Town Board, the Town Clerk, in the same manner as for a notice of a special election, shall post and publish a notice setting forth the date of the adoption of this resolution and contain an abstract of this resolution concisely stating its purpose and effect. The notice shall specify that such resolution was adopted subject to permissive referendum; and be it further RESOLVED that in the event that no petition seeking a permissive referendum is filed with the Town Clerk within thirty (30) days in accordance with the provisions of Article 7 of the Town Law, this resolution shall be in full force and effect and the Supervisor is authorized to execute the easement, along with the Grantees thereof and the conveyance shall be thereafter recorded in the Offices of the Town Clerk and the Clerk of the County of Suffolk and shall be binding on the parties thereto. ffVoteRecord ResolutionRES 2011 413 [] 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 2011-414 CATEGORY: DEPARTMENT: Seqra Town Attorney LL Wind Energy & Acc Apts. SEQRA Southold Town Meeting Agenda - May 24, 2011 Page 39 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 277, Wind Energy, and Chapter 280, Zoning, in connection with Small Wind Energy Systems and Accessory Apartments" is classified as a Type H Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617.5, and is not subject to review- under SEQRA. v'VoteRecord ResolutionRES 2011 414 [] 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 2011-415 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact LL 6 Chapter 277 Z 280 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 26th day of April, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 277, Wind Energy, and Chapter 280, Zoning, in connection with Small Wind Energy Systems and Accessory Apartments" 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 277, Wind Energy, and Chapter 280, Zoning, in connection with Small Wind Energy Systems and Accessory Apartments" which reads as follows: LOCAL LAW NO. 6 of 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 277, Wind Energy, and Chapter 280, Zoning, in connection with Small Wind Energy Systems and Accessory Apartments". Southold Town Meeting Agenda - May 24, 2011 Page 40 BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold has reviewed the definition of small wind energy system in Chapter 277 and Chapter 280 and has determined that the kilowatt requirement is too restrictive and requires revision. Additionally, the Town Board is clarifying its intent in §280- 13(B)(13)(f) to allow for the conversion of an accessory structure in its entirety to an accessory apartment so long as the remaining criteria in §280-13(B)(13) are met. II. Chapter 277 of the Code of the Town of Southold is hereby amended as follows: § 277-1. Del'tuitions. SMALL WIND ENERGY SYSTEM -- A wind energy conversion system consisting of a wind turbine (not to exceed g5 125 kilowatts of production), a tower, and associated control or conversion electronics, which has a rated capacity intended primarily to reduce on-site consumption of utility power. III. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Del'tuitions. SMALL WIND ENERGY SYSTEM -- A wind energy conversion system consisting of a wind turbine (not to exceed g5 125 kilowatts of production), a tower, and associated control or conversion electronics, which has a rated capacity intended primarily to reduce on-site consumption of utility power. [Added 7-17-2007 by L.L. No. 15-2007] §280-13. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsections B(1, 13, & 14) hereof, are subject to site plan approval by the Planning Board: [Amended 12-21-1993 by L.L. No. 27-1993] (13) One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: (f) The accessory structure which is converted, in whole or in part, to permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued prior to January 1, 2008. IV. 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. Southold Town Meeting Agenda - May 24, 2011 Page 41 V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. · /VoteRecord ResolufionRES 2011 415 [] 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 Hg~vys Appt [] No Action VI. PUBLIC HEARINGS Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearing. LL/Wind Energy & Accessory Apartments 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