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Home My WebLink AboutAG-07/05/2011ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631 ) 765 - 1800 www. southoldt own.northfork.net Final AGENDA SOUTHOLD TOWN BOARD July 5, 2011 7:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Agenda is generally available the Friday before the meeting. The video of the meeting is usually available 1-2 hours after the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed in one of two ways: (1) The town of Southold website: southoldtown.northfork.net Click on "Town Board On- Line"; Click Box "Yes" to be redirected to IQM2 and you will then be redirected to the Town Clerk online site. (2) www.townclerk, com Enter zip code 11971 in box on lower right hand side and "enter". On the left hand side of screen a dark blue box will pop up, you will see "Town of Southold, Long Island, NY", click on this and another box will pop up that will tell you that you are being directed to another site click on "Yes" to go into the Town Clerk site. Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the meeting by clicking on the camera symbol. All of this information is available 24/7. If you would like help navigating the site, please feel free to call my office 631-765-1800. CALL TO ORDER 7:30 PM Meeting called to order on July 5, 2011 at Meeting Hall, 53095 Route 25, Southold, NY. I. REPORTS 1. Recreation Department Monthly Report May2011 2. Town Clerk Monthly Report May2011 Southold Town Meeting Agenda - July 5, 2011 Page 2 II. PUBLIC NOTICES 1. LIPA - National Grid - Notice of Project Commencement Switchgear Replacement and New- Exit Feeder Cables at LIPA's Peconic Substation, south of Mill Lane in Peconic. Project is within the regulated adjacent area of NYSDEC Freshwater Wetland. Start date is 7/11/11; completion 9/31/11 2. NYS Liquor License Renewals - Stepfhl Rest., Village Pizza, 13500 Main road, Matt Porto Bello Restaurant, 1410 Manhasset Ave., Greenport III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 A.M. - John Cushman Real Property Tax Levy Cap 2. 9:30 A.M. - Jim Bunchuck - Sale of Town Lawn & Leaf Bags - Town Fee on MSW 3. Request from Land Preservation Committee 4. Community Complaints Agricultural Operation 5. Request for Waiver of Fees 6. Orient by the Sea Parcels 7. LL/Factory Avenue Parking 7/5 Public Hearing 8. LL/Noise Ordinance 7/5 Public Hearing 9. EXECUTIVE SESSION - Labor Matters involving employment of particular person(s) 10. Formation of Economic Advisory Council 11. EXECUTIVE SESSION- Labor FIFD Matters involving employment of particular person(s) Southold Town Meeting Agenda - July 5, 2011 Page 3 TOWN BOARD APPOINTMENTS 7:30 P.M. - Swear in Capt. Martin Flatley as Chief, Southold Town Police Department V. RESOLUTIONS 2011-479 CA TEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated July R 2011. · /VoteRecord ResolutionRES 2011 479 [] 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 2011-480 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held at 4:30 PM on Tuesday~ July 19~ 2011 atthe Southold Town Hall, Southold, New York ffVoteRecord ResolutionRES 2011 480 [] 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 2011-481 CATEGORY: Budget Modification Southold Town Meeting Agenda - July 5, 2011 Page 4 DEPARTMENT: Public Works Budget Mod. Public Works - Si& Earnings Fiscal Impact: Allocate funds for an over expended account RESOLVED that the Town Board of the Town of Southold hereby modifies the Public Works budget as follows: From: 3,.1490.1.100.200 Over-Time Earnings $42.02 To: A. 1490.1.100.400 Sick Earnings $42.02 · /VoteRecord ResolutionRES 2011 481 [] 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 2011-482 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the $outhold Facht Club to Park Overflow Fehicles m the Town's Parking Lot at Goose Creek Beach RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to the Southold Yacht Club to park overflow vehicles in the town's parkin~ lot at Goose Creek Beach, on August 11 and 12~ 2011for the Carol Smith & SGJSA Qualifier Regatta; and July 30~ 2011 for the 41 st Annual World's Longest Sunfish Race Around Shelter Island, 24th Annual Catamaran Race Around Shelter Island and Inaugural Laser Race Around Shelter Island, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and provided the cars are displaying a special Southold Yacht Club Parking Permit and the yacht club contact Captain Martin Flatley of the Southold Police Department immediately for proper placement of the permits. Southold Town Meeting Agenda - July 5, 2011 Page 5 v'VoteRecord ResolutionRES 2011 482 [] 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 2011-483 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Police Department Assistance to Cutchogue Fire Department Chicken BBQ on 8/27/2011 Fiscal Impact: CostA nalysis from PD is $400.47 RESOLVED the Town Board of the Town of Southold hereby grants Police Department assistance to the Cutchogue Fire Department for its Annual Chicken BBQ on Saturday, August 27, 2011 at the Cutchogue Fire Department field, New Suffolk Road, Cutchogue, provided it files with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Captain Flatley upon receipt of the approval of the resolution. Any fees associated with this approval shall be waived. Support for this event is for this year only. v'VoteRecord ResolutionRES 2011 483 [] 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 2011-484 CATEGORY: DEPARTMENT: Attend Seminar Building Department Training RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to Bulldin~ Permits Examiner Patricia Conklin and Chief Buildin~ Inspector Michael Verity to attend a seminar on deck construction in Patcho~ue~ New Yorlh on July 13~ 2011. All Southold Town Meeting Agenda - July 5, 2011 Page 6 expenses for registration and travel to be a legal charge to the 2011 Building Department budget (meetings and seminars). v'VoteRecord ResolutlonRES 2011 484 [] 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 2011-485 CATEGORY: DEPARTMENT: Authorize Payment Solid Waste Management District Reimbursement for Tire Damage It is hereby RESOLVED that the Town Board of the Town of Southold authorizes reimbursement in the amount of $217.94 to Bernadette Deerkoski for tire damage to her vehicle that occurred on May 13, 2011 at the construction debris drop-off' site at the Cutchogue transfer station. v'VoteRecord ResolufionRES 2011 485 [] 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 2011-486 CATEGORY: DEPARTMENT: Advertise Town Clerk Re-Advertise for Mini-Bus Driver RESOLVED the Town Board of the Town of Southold hereby amends Resolution 2011-435 to extend the advertising for 2 additional weeks as follows: RESOLVED the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for an additional two weeks for the position of part time Mini Bus Driver for the Human Resource Center at a rate of $16.28 per hour. Southold Town Meeting Agenda - July 5, 2011 Page 7 v'VoteRecord ResolutionRES 2011 486 [] 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 2011-487 CATEGORY: Employment - Town DEPARTMENT: Recreation Hire Summer Seasonal Employee RESOLVED the Town Board of the Town of Southold hereby appoints the following individual as a lifeguard for the remainder of the 2011 summer season, July 6 through September 5. STILLWATER LIFEGUARDS HOURLY SALARY Jordan Doroski (9th year) ....................................................... $14.37/hour Ryan Farrell (3rd year) .......................................................... $12.72/hour v'VoteRecord ResolutionRES 2011 487 [] 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 Hg~vys Appt [] No Action 2011-488 CATEGORY: DEPARTMENT: Public Service Town Clerk Waive the 30 Day Notification for the Renewal of a Liquor License to the Country Corner Cafe, RESOLVED that the Town Board of the Town of Southold hereby waives the 30 Day notification for the renewal of a liquor license to North Fork Restaurant Group LLC DBA Amah% 13550 Main Road, Mattituck. Southold Town Meeting Agenda - July 5, 2011 Page 8 · /VoteRecord ResolutionRES 2011 488 [] 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 2011-489 CATEGORY: DEPARTMENT: Special Events Town Clerk Grant Permission to Boy Scouts Troop 6 to Hold Its Annual Boys Scout Car Show on Saturday, September 3, 2010 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Boy Scouts Troop 6 to hold its Annual Boys Scout Car Show on Saturday~ September 3~ 2011 (rain date September 5) from 9:00 AM to 5:00 PM at the Peconic Lane School, Peconic Lane, Peconic, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as additional insured and contact Captain Flatley upon receipt of the approval of the resolution to coordinate traffic control. Any fees associated with this approval shall be waived. · /VoteRecord ResolutionRES 2011 489 [] 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 2011-490 CATEGORY: DEPARTMENT: Budget Modification Town Attorney Budget Modif ication /Youth Bureau Donation Fiscal Impact: The Southold Youth Bureau continues to receive reduced funding from the New York State Office of Children and Family Services and seeks to continue funding programs that promote youth development. The Youth Bureau solicited Suffolk County National Bank to underwrite expenses associated with its August annual Family Movie ~Vite m the Park. Southold Town Meeting Agenda - July 5, 2011 Page 9 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Whole Town budget as follows: Increase: Revenues: A. 2705.40 Appropriations: Increase: A. 7310.4.600.100 Gifts and Donations, Other Donations $1,000 Youth Program, C.E., Youth Program Activities $1,000 v'VoteRecord ResolutionRES 2011 490 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supemsor'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 2011-491 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Recreation Hire Summer Recreation Program Instructor Resolved that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement with the following individual 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. Megan Vinciguerra (Basic Web Design) ......................... $30/hour v'VoteRecord ResolutionRES 2011 491 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supemsor'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 - July 5, 2011 Page 10 2011-492 CATEGORY: DEPARTMENT: Employment - Town Accounting Grant F3/JIM Leave to a Town Employee WHEREAS Employee #7114 has been out of work due to non-work related illness since June 6, 2011, and WHEREAS the Town Board of the Town of Southold is required to comply with the Family Medical Leave Act (FMLA) and the Town's collective bargaining agreement with the CSEA, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby grants an FMLA leave of absence for up to 12 weeks to Employee #7114 effective June 6, 2011. v'VoteRecord ResolutionRES 2011 492 [] 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 2011-493 CATEGORY: DEPARTMENT: Property Acquisition Public Hearing Land Preservation PH 7/19/11 @ 4:32 PM for Swam 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~ July 19~ 201L at 4:32 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 Bradley T. Swain. Said property is identified as part of SCTM #1000-107.-5-1.1. The address is 4390 Mill Lane in Mattituck. The property is located in the A-C zoning district and is situated on the easterly side of Mill Lane approximately 300 feet northwesterly from the intersection of Mill Lane and Wickham Avenue in Mattituck, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 12.4± acres (subject to survey) of the 15.4± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Southold Town Meeting Agenda - July 5, 2011 Page 11 Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $65,000 (sixty-five thousand dollars) per buildable acre for the 12.4± acre easement plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. 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. · /VoteRecord ResolutionRES 2011 493 [] 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 2011-494 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Orient by the Sea Parcels RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute all necessary documents in connection with the Quitclaim Deed re~ardin~ the transfer of two parcels, as shown and designated on a certain map entitled "Map of Orient by the Sea, Section 3", from the County of Suffolk to the Town of Southold (Suffolk County Tax Map Nos. District 1000, Section 015.00, Block 05.00, Lot 024.028 and District 1000, Section 015.00, Block 05.00, Lot 025.002), subject to the approval of the Town Attorney; and BE IT FURTHER RESOLVED that the County of Suffolk will convey both parcels to the Town of Southold for consideration in the sum of $1.00; and BE IT FURTHER RESOLVED that the Town of Southold has been, and continues to, maintain said parcels and will acquire parcel SCTM #1000-15-5-24.28 for drainage purposes and parcel SCTM #1000-15-5-25.2 for road maintenance; and BE IT FURTHER RESOLVED that the recording fees, which are estimated to be approximately $400.00 be charged to A. 1010.4.500.700. Southold Town Meeting Agenda - July 5, 2011 Page 12 v'VoteRecord ResolutionRES 2011 494 [] 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 2011-495 CATEGORY: DEPARTMENT: Budget Modification Town Attorney Budget Modif ication/Orient by the Sea Fiscal Impact: to cover expenses associated with the recording fees for the Town's acquisition of these two parcels RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2011 budget as follows for the purpose of covering expenses associated in connection with the recording fees for the Town's acquisition of two parcels (SCTM 1000-15-5- 24.28 and 1000-15-5-25.2) from the County of Suffolk for drainage and road maintenance purposes: TO: A. 1010.4.500.700 Town Board, Title Fees +$400.00 FROM: A. 1990.4.100.100 Unallocated Contingencies -$400.00 v'VoteRecord ResolutionRES 2011 495 [] Adopted [] Adopted as Panended [] 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 2011-496 CATEGORY: DEPARTMENT: Property Usage Town Clerk Fireworks 7/16/11 - Lomangmo Dock, $outhold Southold Town Meeting Agenda - July 5, 2011 Page 13 RESOLVED the Town Board of the Town of Southold hereby approves the issuance of a fireworks permits by the Town Clerk to Mark Miller for a fireworks display on the Loman~ino dock, 1000 Paradise Point Road~ Southold on July 16~ 2011 (r/d July 17) at 9:15 PM, upon payment of the $100 fee and 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. · /VoteRecord ResolutionRES 2011 496 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&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 2011-497 CATEGORY: DEPARTMENT: Property Usage Town Attorney Accepts the Donation by dames Miller of Calverton, New Fork, of a 9-11 Memorial and Authorizes Supervisor $cottA. Russell to Execute an Agreement Relating to the Installation WHEREAS, the Town Board of the Town of Southold has been offered a donation to the People of the Town of Southold by James Miller ofCalverton of a sculpture of an osprey mounted on columns from the World Trade Center; and WHEREAS, the Town Board of the Town of Southold is desirous of accepting the donation to create a 9-11 Memorial at Jean Cochran Park in Peconic; and WHEREAS, the donation includes all fees and expenses associated with moving, delivering and mounting said sculpture and restoration of any Town land damaged in connection with the installation; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby accepts the donation by James Mffier of Calverton~ New York, of a 9-11 Memorial and authorizes Supervisor Scott A. Russell to execute an A~reement relatin~ to the installation, subject to the approval of the Town Attorney. Southold Town Meeting Agenda - July 5, 2011 Page 14 v'VoteRecord ResolutlonRES 2011 497 [] 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 2011-498 CATEGORY: DEPARTMENT: Seqra Town Attorney SEQRA LIfFactory Avenue Parking RESOLVED that the Town Board of the Town of Southold hereby finds that 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" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith; and it is further RESOLVED that the Town Board of the Town of Southold hereby determines such action to be consistent with the Town of Southold LWRP. v'VoteRecord ResolutlonRES 2011 498 [] 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 2011-499 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA LL/Noise Ordinance RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local law entitled "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Sonthold" is classified as an Unlisted Action pursuant to SEQRA Rules and Southold Town Meeting Agenda - July 5, 2011 Page 15 Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith; and be it further RESOLVED that the Town Board of the Town of Southold hereby determines such action to be consistent with the Town of Southold LWRP. v'VoteRecord ResolutionRES 2011 499 [] 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 2011-500 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact LL Factory Ave 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" and be it further 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 260, Vehicles and Traffic, in connection with Parkin~ on Factory Avenue" reads as follows: LOCAL LAW NO. 7 of 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. Southold Town Meeting Agenda - July 5, 2011 Page 16 II. 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. 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 Months & Hours Factory Avenue West At all times Factory Avenue East At all times Location 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 Avenue 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. § 260-22. Loading Zone. Name of Street Side Duration Factory Avenue East 30 minutes 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. Southold Town Meeting Agenda - July 5, 2011 Page 17 IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ffVoteRecord ResolutionRES 2011 500 [] 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 2011-501 CA TEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Noise 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', and WHEREAS the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at which time all interested persons will be 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 the Prevention and Control of Noise Pollution in the Town of Sonthold" reads as follows: LOCAL LAW NO. 8 of 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." Southold Town Meeting Agenda - July 5, 2011 Page 18 §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, 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: Southold Town Meeting Agenda - July 5, 2011 Page 19 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 business. The following are deemedto interfere withthe comfortable enjoyment of life and property or the conduct of business: 1. Yelling or shouting 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 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 11:00 p.m. airborne or amplified sound in excess of 65 dBA; and (ii) from 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 9:00 p.m. of homeowner's light residential outdoor equipment with mufflers or commercial Southold Town Meeting Agenda - July 5, 2011 Page 20 10. 11. 12. 13. 14. 15. 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- A. 9. Penalties for offenses. Any person who shall violate any provisions of this chapter shall be guilty of a violation punishable by a fine not exceeding $500; and upon conviction of a subsequent offense, punishable by a fine not exceeding $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 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 - July 5, 2011 Page 21 III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. · /VoteRecord ResolufionRES 2011 501 [] 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 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 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. PH 7/5/11 7:32 Pm - LL/Factory Avenue Parking PH 5/7/11 ~ 7:35Pm LL/Noise Ordinance