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Home My WebLink AboutTB-05/24/2011ELIZABETH ,~. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631 ) 765 - 1800 southoldtown.northfork.net MINUTES May 24, 2011 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, May 24, 2011 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 4:30 PM with the Pledge of Allegiance to the Flag. Call to Order 4:30 P~4 Meeting called to order on lqay 24, 2011 at Meeting Hall, 53095 Route 25, Southold, NY. I. Reports 1. Budget 2. Program for the Disabled 3. Human Resource Center 4. Island Group - Employee Health Care Plan 5. Justice William H. Price Jr. 6. Justice Louisa P. Evans II. Public Notices 1. NYS Liquor License Renewals 2. Notice of Complete Application to NYS DEC III. Communications IV. Discussion 1. 9:45 A.M. - Jill Doherty, Town Trustees 2. 9:00 A.M. Peter Byrne & Matt Ross 3. 10:15 A.M. - Jim McMahon & Jamie Richter 4. 11:00 A.M. - Jim Bunchuck 5. 11:15 A.M. - PhiHip Beltz & Jen Andaloro, Exec Safety Committee 6. Blank 7. County Request for M O A 8. LL/Wind Energy - P.H. - 5/24 9. LL/Parking on Factory Avenue May 24, 2011 Page 2 Southold Town Board Meeting Minutes 10. LL/Noise Ordinance 11. 12:30 P.M. - Executive Session - Melissa Spirt, Stephen Searl 12. 1:00 P.M. - Executive Session - Litigation 13. Executive Session - Litigation 14. Executive Session - Labor 15. Request from DIY Network Pledge to the Flag Opening Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise for the Pledge of Allegiance to the Flag. Thank you. Okay, I know we have a couple of public hearings scheduled. I am going to ask anybody that would like to comment on any of the agenda items, the public hearing, you know, we will have a separate component for in a few minutes but any of the other general agenda items, would anybody like to comment at this time? (No response) 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. [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay : Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Tax Receiver's Appt A!bct~ ~PSki Jr. Voter [] [] [] [] [] Town Clerk's Appt SCOtt Russell Voter [] [] [] [] 2011-376 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 7:30 PM on Tuesda¥~ June 7~ 2011 at the Southold Town Hall, Southold, New York May 24, 2011 Southold Town Board Meeting Minutes Page 3 [] Adopted [] Adopted as Amended [] Defeated Yes/A~e No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Seconder [] [] [] [] [] Tax Receiver's Appt Alb~ ~Psk! Jr: Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-377 CATEGOR~ 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 Agreement 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 Attomey. [] Adopted [] Adopted as Amended [] Defeated yes/AYe No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn ~i~i O~i~cl~ ~cl~ V~ [] i [] F] [] Supervisor's Appt Christopher T~!~ YP~ ~ [] [] [] [] Tax Receiver's Appt Albert Krupsk! Jr. V0[er ~ [3 [] [3 [] Rescinded Louisa P. Evans Voter [] [] : [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 377 COUNCILMAN RULAND: I need to recuse myself as my wife is an employee of Family Service League. 2011-378 CATEGOR~ DEPARTMENT: Budget Modification Human Resource Center Programs for the Aging Enhancements Fiscal Impact: iVYS Office for the Aging -Grant In Aid - These program and building enhancements/improvements are May 24, 2011 Southold Town Board Meeting Minutes Page 4 being funded through a NYS 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 of a 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 following Capital Proiect 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 NYS Programs for the Aging $26,000 H.5031.20 Interfund Transfers $920 Appropriations: H.1620.2.500.975 Building Improvements $5,593 H.6772.2.500.200 Tables & Chairs 14,356 H.6772.2.500.700 Kitchen Equipment 6,971 and be it further, 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 May 24, 2011 Southold Town Board Meeting Minutes Page 5 ~ Vote Reeord, Resol,tion RES~20ii-378 ~ Adopt~ ~ Tabl~ Willi~ Ruled Vot~ ~ ~ ~ ~ ~ Sup~i~s Appt C~stoph~ Tal~t V0t~ ~ ~ ~ ~ ~ R~cMd~ ~uisa P. Evans Vot~ ~ ~ ~ ~ 2011-379 CATEGORY: DEPARTMENT: Budget Modification Human Resource Center Wireless Equipment-Katinka House Fiscal Impact: To transfer funds to Data Processing for wireless services for Katinka 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 · r' Vote R~qord- ROO!ution ~8-20ii-379 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye : No/Nay Abstain Absent [] Tabled william Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] [] [] [] [] Supervisor's Appt C~?pher T~!b?~ VOTM [] Tax Receivers Appt A!~ert ~PSki Jr. Injt!a!pr [] [] ~ [3 [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scoit Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-380 CA TE G OR Y: DEPARTMENT: Authorize to Bid Police Dept Advertise for Vehicle for Police Department May 24, 2011 Southold Town Board Meeting Minutes Page 6 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. ~ Adopt~ ~ Tabl~ Willi~ Ruled Vot~ ~ ~ ~ ~ ~ Wi~wn Vinc~t ~lando Vot~ ~ ~ ~ ~ ~ Su~im~s Appt C~oph~ Talbot S~ond~ ~ ~ ~ ~ ~ No Action 2011-381 C~4TEGORY: DEP~4RTMENT: 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 1 st 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 1 st 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) :moq/kL'L ! $ ..................................................................... ~4~A ~noud6'e'L [ $ ..................................................................... ~ ~noudi~Z'L I $ ..................................................................... aeo,( q~L anoq/66.91$ ..................................................................... a~oA rD9 anoudtTL'91$ ..................................................................... aeo,( q~ :moud6V9[$ ..................................................................... ~o,( .moq/t~Z'91 $ ..................................................................... a~o,( anow66'~ i$ ..................................................................... a~o,( puz anoq/t,L'~ I $ ..................................................................... lt~tIqlVIt,L (lq:IVflDMdlq anoudt~£'E ! $ ..................................................................... +x~o,~ q16 Jnoq/60' £ I $ ..................................................................... :~o,( q~8 ~noudt,8.~ [ $ ..................................................................... :reo,( q~L ~noq/6g'Z[ $ ..................................................................... J~o~( rD9 mot~v£'zt$ ..................................................................... a~ox q~5 anoq/60'~l$ ..................................................................... auo,( q~t~ anoq/l~8' ! IS ..................................................................... .mo,( pa£ anoq/65' [ [ $ ..................................................................... aeo,( puz -moq/'v£' [ ! $ ..................................................................... ~uo,( ~s I (S~I01Dfltt,LSNII (IhI;lOHOAVqd) S~(IIV :noq/p6'g I $ ..................................................................... +mo,( -moqAe9'g I $ ..................................................................... xeo,~ q~8 ~noudt~£'g i$ ..................................................................... .mo,( q~L :moudt,0'$ [$ ..................................................................... a~a,( q~9 .mottA~L.lv [ $ ..................................................................... .rea( anoq/'eVt, [ $ ..................................................................... ~o,q Jnotl/,v i't,i $ ..................................................................... JuoA p.~£ .xno~v8' £ ! $ ..................................................................... a'ua~ pu~ Inoq/tTg' ~ I $ ..................................................................... .xua~ ~s S~I~DVIqVIAI HDV~IIt .moq/Lg'8 [ $ ..................................................................... +~oA q~6 .~noq/~;£'81 $ ..................................................................... .rea,( q~8 anoq/L0'§ i$ ..................................................................... ma,( q:~L .moq/zs'L [ $ ..................................................................... xeo,( q49 :moq/L~'L [$ ..................................................................... ~o,( q~ .moq/z£'L i$ ..................................................................... auo,q qYe ~noq/LO-L I$ ..................................................................... .moa p~£ snoq/z8'91$ ..................................................................... .mo( puz ~oq/L~'9I$ ..................................................................... J~oA ~sI sa;nu.C-~ $ugoolA! paeo~t uaxo,L p[oq~noS L OSed I [0Z "rE ,(uIN May 24, 2011 Southold Town Board Meeting Minutes Page 8 ~ Vote Record - Res01Ufion RES-2011,381 , ~ Adopt~ ~ ~t~ Ye~Aye No/Na~ Abstain Absent ~ Resc~d~ ~ui~ P. Eves Vot~ ~ ~ ~ D ~ To~ Cl~k's Appt ScoR R~sell Vot~ ~ ~ ~ ~ 2011-382 CATEGOR~ DEPARTMENT: Employment - Town Recreation Hire Summer Seasonal Employees/Issue Free Permits RESOLVED the Town Board of the Town of Southold hereby appoints the following individuals for the 2011 Summer Season and be it further RESOLVED 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. STILLWATER LIFEGUARDS HOURLY SALARY 1. Ivy Croteau (3rd year) .......................................... $12.72 2. Matthew Dellaquila (2nd year) ................................. $12.44 3. Matthew Grzesik (3rd year) .................................... $12.72 4. Matthew Hallock (2nd year) ..................................... $12.44 5. Brittany Knote (6th year) .......................................... $13.54 6. Nicole Kozlowska (4th year) ..................................... $12.99 7. Michel Liegey (2nd year) .......................................... $12.44 8. Christiana Man'on (5th year) .................................... $13.27 9. Timothy McElroy (5th year) .................................... $13.27 10. Sean Norberg (2nd year) ........................................ $12.44 1 I. Jessica Orlando (4th year) ...................................... $12.99 12. Kevin Parma (3rd year) ........................................... $12.72 13. Megan Ross (3rd year) ............................................ $12.72 14. Katie Scott (3rd year) .............................................. $12.72 15. Andreas Stavropolis (3rd year) ................................... $12.72 16. Sean Whyard (7th year) ........................................... $13.82 17. Winston Wilcenski (2nd year) ................................... $12.44 18. Maeghan Wood (2nd year) ........................................ $12.44 19. Breton Worthington (2nd year) ................................... $12.44 BEACH ATTENDANTS 1. Heather Gadomski (lst year) ................................. $9.42 2. Rick Gramazio (3rd year) ........................................ $9.75 3. Emily Metz (3rd year) ........................................... $9.75 May 24, 2011 Page 9 Southold Town Board Meeting Minutes 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 (1 st year) ................................... $11.34 2. Margarite Yuelys (lst year) ...................................... $11.34 LIFEGUARD TRAINER 1. Meg Sautkulis (2nd year) ....................................... $15.99 Vote R~ord - Re~lutinla RES-2011-382 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Absta n Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt A!bert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] El [] [] Supt Hgwys Appt [] No Action Comment regarding resolution 382 COUNCILMAN ORLANDO: I would like to recuse myself on this as my daughter is on this list ~5 ~ 4th year lifeguard. 2011-383 C. dTEGORY: DEP~IRTMENT: Close/Use Town Roads Town Clerk Sprint into Summer 5K Fiscal Impact: Total Police Cost for the Event = $313.66 RESOLVED the Town Board of the Town of Southold hereby grants permission to Mattituck-Cutchogue Athletic Booster Club (MCABC) to hold a "Sprint into Summer 5K" in Mattituck on Sunday June 12~ 2011~ beginning 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 May 24, 2011 Page 10 Southold Town Board Meeting Minutes 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. [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator I~ [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott RussellVoter ~ [] [3 [3 [] 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 and May 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 fu'eworks 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. ~' V0te ~rd = R~iati~n RES-20it-384 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent William Ruiand Voter [] [] [] [] [] Tabled : [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Cin-istopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-385 CATEGOR~ DEPARTMEN~ Employment - Town Police Dept Hire Traffic Control Officers - Police Department RESOLVED that the Town Board of the Town of Southold hereby appoints the following to the position of Traffic Control Officer for the Southold Town Police Department, effective May 24, 2011 Page 11 Southold Town Board Meeting Minutes May 27, 2011 through September 18,2011 at a rate of $15.83 per hour: Eric M. Cassidy Theodore A. Richert Ethan Romanelli Ashley Sawicki Shawn A. Williams [] Adopted [] Adopted as Anlended [] Defeated yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn [~ D ~ rn Vincent Orlando Voter [] Supervisor's Appt Christopher Talbot Seconder F~ gq D D [] Tax Receivex's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's ^ppt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-386 CA TEGOR Y: 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 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 Standard Term Begins/ Participates in Work Ends Employer' s Day Time Keeping (Hrs/day) System Days/Month(based on Record of Activities) Appointed Official Planning Board Member James H. Rich, III 6 1/1/11-12/31/15 N 5.38 May 24, 2011 Southold Town Board Meeting Minutes Page 12 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 REM011~3$6 [~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Initiator [] [] [] [] [] Tax Receivers Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter 0 [] [] [] [] Supt Hgwys Appt [] No Action 2011-387 CA TEGOR Y: DEPARTMENT: Bid Acceptance Public Works Laurel Lake Preserve - Dock & Building Removal Fiscal Impact: This project is funded in full by a grant from iVYS 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~ Mattituclq NY 11952 to remove a wooden dock~ concrete block building and concrete foundation at the Laurel Lake Preserve~ in the amount of $8~149. This proiect is funded~ in full by a grant from NYS Parks~ Recreation and Historic Preservation~ all in accordance with the approval of the Town Attorney. Vote Record ~ Re~lutinn RES:20i~-3,87 , , [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] F1 [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louis~/P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-388 May 24, 2011 Southold Town Board Meeting Minutes Page 13 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Public Works Laurel Lake Preserve - Dock & Building Removal Fiscal Impact: This project is funded in full by a grant from NYS 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 Agreement with Terra Tech Site Development Inc.~ 260 Cox Neck Road~ Mattituck~ NY 11952~ to remove a wooden dock~ a concrete block building and a concrete foundation~ at the Laurel Lake Preserve~ in the amount of $8,149, all in accordance with the approval of the Town Attorney. Vote Record - ReSolution RES-2011-388 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Sco~ Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-389 CATEGOR~ DEPARTMEN~ 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 Zoning Board of Appeals' training 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)2 Vote R~cord ? Re~°lUtion nES-2011-359 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supc~ visor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receivers Appt Albert Kmpski Jr. Initiator [] [] [3 [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Sco~ Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-390 May 24, 2011 Page 14 Southold Town Board Meeting Minutes 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 grants permission to the Raymond Cleaves Post 861 Mattituck American Legion to use the following roads for the Memorial Day Parade beginning at 10:30 a.m. on Monda.y~ May 30~ 2011,: Pike Street, Wickham Avenue, Westphalia Road, Sound Avenue, Pacific Street, Route 25, and Maple 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 R~o~d - ReSOlution RES-101!.390 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye N0(N~y Ab~t~!n ~seiit [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor~s Appt Christopher Talbot Seconder [] [] [] [3 [] Tax Receiver's Appt Albert Krupsk! Jr. Voter [] [] O [] [] Rescinded Louisa P. Evans Initiator [] : [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] F1 [] Supt Hgwys Appt [] No Action 2011-391 CATEGORY: DEPARTMENT: Property Acquisition Public Hearing Land Preservation Set Tuesday, June 7, 2011, at 7.'32 P. 3~, 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 Tuesda.y~ June 7~ 2011~ at 7:32 p.m.~ Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of a development rights easement on proper ,ty 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. May 24, 2011 Southold Town Board Meeting Minutes Page 15 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 fi.om 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 334- acre easement plus acquisition costs. The properties are listed on the Tox~n'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 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 Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt ~St0pher Talbot Initiator [] [] [] [] [] Tax Receiver's Appt Albe~l Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Sc~t~ RuSsell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-392 CATEGORY: DEPARTMENT: Budget Modification Justice Court Justice Court Budget Mod Fiscal Impact: To provide for payment 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 May 24, 2011 Page 16 Southold Town Board Meeting Minutes Vote Record ~ Re~olution RES~2011-392 ~ Adopted 12 Adopted as Amended [] Defeated yes/Aye No/Nay Abstain Absent [3 Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder r~ ~ [] D [] Supervisor's Appt ~hfi~ppher Talbo! v~ter ~ [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [~ [] [] [] [] Rescinded Louisa P, Evans Voter ~ [] [] [] [] Town Clerk's Appt Scott Russell Voter I~ : F1 [] [] [] Supt Hgwys Appt [] No Action 2011-393 CATEGOR~ DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Agreement with the County of Suffolk for the STOP-D WI 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 CounW. 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 Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiveqs Appt ~!b~ ~P~i ~r; S~Pnd? [~ Fl Fl [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-394 CA TEGOR Y: Budget Modification DEPARTMENT: 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~ Whole Town budget as follows: From: A. 1990.4.100.100 Unallocated Contingencies $4,200 May 24, 2011 Page 17 Southold Town Board Meeting Minutes To: A. 1620.4.600.100 Property Taxes $4,200 Building - Fishers Island Vote R~eord- lte~luti~n RE~-~011-394 , , , g~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withd/awn Vincent Orlando Seconder [] [] [] [] [] Supervisors Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Al)pt Albert Kmpski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-395 CATEGOR~ DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the Orient Fire Department to Hold Its Annual Memorial Day Parade Fiscal Impact: Police Department Cost for the Event = $116.33 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Orient Fire Department to use the following route for its Annual Memorial Day Parade in Orient on Monday~ May 30~ 2011 beginning 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. ReS°lfifi0n RE~201i;395 [] Adopt~ ~ ~f~t~ Yes/A~e No/NaY ~ Tabl~ William Ruland Vot~ ~ ~ ~ Wi~m vinCmt Orlando vot~ ~ ~ ~ Sup~isofs Appt Chfistoph~ Talbot S~ond~ : ~ ~ ~ T~ R~eiv~'s Appt Alb~ ~pski Jr. Vot~ ~ 0 ~ R~chd~ ~uisa P. Evans hitiat0r ~ ~ ~ Tom Cl~k's Appt Scott R~sell Vot~ ~ ~ ~ Supt Hgwys Appt ~ No Action 2011-396 CA TEGOR Y: Tax Lien DEPARTMENT: Town Attorney May 24, 2011 Page 18 Southold Town Board Meeting Minutes Burstein/Unsafe Building Costs 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 effectuating the cleanup of the proper ,ty and in making secure the Unsafe Building located at 4100 Youngs Avenue~ Southold~ totals $905.11 and remains unpaid~ and therefore~ shall be levied against the real properS, 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. [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/NaY Abstain Absent [] Tabled William Ruland Sec0~der [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christ0pher Taib~t lhitiai0r [] [3 F1 FI [] Tax Receiver's Appt ~[b~ ~p~ Jr: Vp'ter [] [] [] [] [] Resc/nded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt FI No Action 2011-397 CATEGORY: DEPARTMENT: Policies Town Attorney Further Amend Par. 11 to the Town of Southold Procurement Policy RESOLVED that the Town Board of the Town of Southold hereby further amends ¶11 of the Town of Southold's Procurement Policy~ adopted on May 18~ 2010~ and amended on October 5~ 2010~ to read as follows: ........ ~ ..................... ,, ....... , 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 following items: (1) (2) (3) Rental payments for Leases approved by formal Town Board resolution (attach a copy of the adopted Town Board resolution to the voucher). 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. Construction contracts approved by formal Town Board resolution (attach a copy of the adopted Town Board resolution to the voucher May 24, 2011 Page 19 Southold Town Board Meeting Minutes (4) (5) (6) (7) Petty cash purchases. 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 signed voucher and a copy of the relevant Purchase Order or Town Board resolution. [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Na~ Abstain Absent [] Tabled William Rul~md Initiator [] [] [] [] [] Withdrawn Vincent Orlando ~ec~nder ~ [] [] [] [] Supervisors Appt C~stpph~ Ta!bpt Voter [] ; [] [] [] [] Tax Receiver's Appt Albeil Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-398 CATEGOR~ DEPARTMENT: Employment - Town Accounting Appoint Part Time Guard Thomas R. Burdy RESOLVED that the Town Board of the Town of Southold hereby appoints Thomas R. Burdy 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 ~ R~Soiu~ion RESt2011-398 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [3 [] [] [] Supervisor's Appt C~st~her T~ib0t V~i~ ~ [] [] [] [] Tax Receiver's Appt Albert Krupski J~: Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-399 CA TEGORY: Bond DEPARTMENT: Accounting Indebtedness Report for CPF May 24, 2011 Southold Town Board Meeting Minutes Page 20 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, 1N 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. May 24, 2011 Southold Town Board Meeting Minutes Page 21 Exhibit B Estimated Purchase SCTM # or Other Identifier Name Parcels Under Contract 54.-7-21.1 102.-2-16 & 102.-6-16 53.-1-1.2, 1.3 115.-2-6 Estate of Julia Conway Lewis L. Edson Manor Grove Marratooka North, LLC Offers accepted, but not yet under contract Parcel A 33.32 acres Parcel B 12.40 acres Price 1,812,500 1,367,400 562,500 1,172,500 2,838,000 806,000 May 24, 2011 Southold Town Board Meeting Minutes Page 22 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 [] Adopted [] Adopted as Amended [] Defeated Yes/AYe No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Seconder ~ [2] [] [] [] Supervisor's Appt Christopher Talbot Voter [] E3 ~l [] [] Tax Receiver's Appt ~!b~ ~PSk! Jr- Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-400 CA TEGOR Y: DEPARTMENT: Employment - Town Accounting Appoint Jonathan L ttiller 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. May 24, 2011 Page 23 Southold Town Board Meeting Minutes Vote Record-Resolution RES-2011-400 [] Adopted [] Adopted as Amended I~ Defeated Yes/Axe No/Nay Abstain Absent [] Tabled ~iiii~ Ruiand Voter r~ [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Seconder [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-401 CATEGOR~ DEPARTMEN~ Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement Between the Town of $outhold and the North Fork Animal Welfare League, Inc. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and The North Fork Animal Welfare League, 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 ~' Vote R~cord - Resolution RES-2011-401 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay : Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Cb~[ppher Ta!b~t !p!tiat0r [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] F1 [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-402 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the MS4 Municipal Compliance May 24, 2011 Page 24 Southold Town Board Meeting Minutes Certification Form in Conjunction with the Town's Submission of Its 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 coniuncfion 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. [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay : Abstain Absent [3 Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-403 CATEGOR~ DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Agreement 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 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement 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. Vote ReCOrd - Resolution RES-2011-403 r~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstai~ Abornt [~ Tabled William Ruland Votec [] [] [] [] [] Withdrawn Vincent Orlando initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 403 SUPERVISOR RUSSELL: Let me just explain. I know a lot of people are anxious with the damage that was suffered at Town beach in Southold, that is the beach up on the North Road under the town jurisdiction. This actually authorizes the work that is being paid for by FEMA. May 24, 2011 Southold Town Board Meeting Minutes Page 25 We just had a discussion at work session today because the only thing we were missing were the permits from the DEC. I will mention that Albert Krupski had gotten involved with the DEC and was able to get those permits. They actually were delivered in today's mail. So we expect to get the work started within the next couple of days. Thank you, Albert, by the way. COUNCILMAN KRUPSKI: And you were part of it. We went up to the DEC and met with them a month ago and it certainly helped the process along and hopefully the beach will be open this weekend. SUPERVISOK RUSSELL: We are shooting for !~: 2011-404 CATEGORY: DEPARTMENT: Legislation Town Attorney Set Carter Fees RESOLVED that the Town Board of the Town of Southold hereby sets the fee for Carter permits pursuant to section 233-3A(B)(11) of the Southold Town code as follows: $120.00 per Carter for the Ist vehicle and $60.00 for each additional vehicle per year Vote Record 2 ReSOlution R1~S-2011404 .... [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Seconder r~ [] ~ ~ [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albeit Krupski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [2] [] Town Clerk's Appt Scoil Russell Voter [] [] [] El [] Supt Hgwys Appt [] No Action 2011-405 CATEGOR~ DEPARTMENT: Contracts, Lease & Agreements Town Attorney Contract with Carlisle E. Cochran Jr RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a revised contract of employment with Carlisle E. Cochran, Jr. effective January 1, 2010, subject to the approval of the Town Attorney. May 24, 2011 Page 26 Southold Town Board Meeting Minutes Vote Record - Resolttfion RE$-2011405 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye , No/Nay Absta n Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Seconder [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-406 CATEGORY: DEPARTMENT: Employment - Town Town Attorney Intent to Retire of Carlisle E. Cochran, Jr 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. Vote Re~ord - Resolution RES-2011-406 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Initiator [] [] [] [] [] Tax Receiver's Appt Albert Krapsk! Jr. Voter [] [] [] [] [] Rescinded Louisa P, Evans Voter [] [] [] [3 [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 33. Comments regarding resolution 406 COUNCILMAN TALBOT: I would like to say that we offer Chief Cochran many years of happiness and thank him for he and his Dad's nearly 50 years of service to the Town in the ~outhpld Poli? D~artment: I wi~ him luck and ~njp~?9~: 2011-407 CATEGORY: DEPARTMENT: Litigation Town Attorney Retains Frank A. Isler, Esq. as Special Counsel in the Supreme Court, Suffolk County Civil Action Entitled "Francis and Patricia 0 'Malley V. Planning Board of the Town of Southold, Et Al." 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. Planning Board of the Town of Southold~ et al." under Index No. 11- 15654. May 24, 2011 Southold Town Board Meeting Minutes Page 27 Vote Reeor~ ~ Resolution R]~S~2011~407 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] FI [] [] [] Supervisor's Appt C~stpPh~ T~!b~[ ~ter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter ~ [] [] [] [] Town Clerk's Appt Scott RUSsell Voter [] [] [] V1 [] Supt Hgwys Appt [] No Action 2011-408 CATEGORY: DEP,,IRTMENT: Local Law Public Hearing Town Attorney PH 7/5/11 ~ 7:35Pm 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". 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 5tb day of July 2011 at 7:35 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 Southold" 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 May 24, 2011 Page 28 Southold Town Board Meeting Minutes 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. Definitions. 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. May 24, 2011 Southold Town Board Meeting Minutes Page 29 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 or the conduct of business. The following are deemed to interfere with the 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 instnnnent 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 ora 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 May 24, 2011 Page 30 Southold Town Board Meeting Minutes. 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 service equipment, provided that such activities and such equipment and their use comply with the other provisions hereof. 2. 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 hereof. 3. Noise from agricultural equipment. 4. Noise from church bells or chimes used. 5. Noise from snowblowers, snowthrowers and snowplows when operated with a muffler for the purpose of snow removal. 6. Non-amplified noise generated from lawful athletic or recreational activities, events, or facilities. 7. Non-amplified noise-organized activities sponsored by any school district, private school or fire district or department within the Town of Southold. 8. Noise from municipally sponsored celebrations or events. 9. Noise from lawful fireworks displays, parades, and other charitable and special events held in accordance with all pertinent provisions of the Southold Town Code. 10. Noncommercial public speaking or public assembly activities conducted on any public space or public right-of-way. 11. Emergency construction or repair work. 12. Noise from the activities of any fire department, ambulance squad or similar emergency or rescue organization in carrying out their official duties. 13. Noncommercial amplified sound that does not exceed the noise Standard established in §200-6 of this chapter. 14. Emergency stationary and mobile signal devices. 15. 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 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. May 24, 2011 Southold Town Board Meeting Minutes Page 31 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. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2011-408 [] Adopted 13 Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 408 TOWN ATTORNEY FINNEGAN: Excuse me, Mr. Supervisor. Earlier today, there was a discussion about noticing this for a 7:30 meeting and I think the resolution doesn't do that. Do you want to change it to be the July 5th meeting for an evening meeting or just leave it 30 days? SUPERVISOR RUSSELL: I think a 7:30 meeting would be best. TOWN ATTORNEY FINNEGAN: Okay, so we will amend it to say July 5th at 7:30 as opposed to (inaudible) COUNCILMAN KRUPSKI: Is that the same as the Factory Avenue parking? COUNCILMAN RULAND: I think that should be in the evening as well. COUNCILMAN KRUPSKI: Yes, we are going to amend the Factory Avenue hearing to that. TOWN ATTORNEY FINNEGAN: Okay. SUPERVISOR RUSSELL: It doesn't change the content of the legislation that is proposed, it merely ensures that we have a, it happens at a later meeting to ensure greater public participation. COUNCILMAN ORLANDO: So now it is July 5th? May 24, 2011 Page 32 Southold Town Board Meeting Minutes TOWN ATTORNEY FINNEGAN: July Sth a~ 7135 2011-409 CA TEGOR Y: DEPARTMENT: Legislation Town Attorney LL/Noise Ordinance 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 the Prevention and Control of Noise Pollution in the Town of Southold" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. [] Defeated yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Supervisor's Appt ChristoPher Ta!loot ~o!er 1~ [] [] [] 2011-410 CA TEGOR Y: DEPARTMENT: Local Law Public Hearing Town Attorney PH 7/5/11 7:32 Pm - LL/Factory Avenue 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 Parking 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 5th day of July, 2011 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 260~ Vehicles and Traffic~ in connection with Parking on Factory. Avenue" reads as follows: LOCAL LAW NO. 2011 May 24, 2011 Page 33 Southold Town Board Meeting Minutes A Local Law entitled, "A Local Law in relation to Amendments to Chapter 260~ Vehicles and Traffic, in connection with Parking on Factory, Avenue". BE IT ENACTED by the Town Board of the Town of Southold as follows: 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 Months & Hours Factory Avenue West At all times Name of Street Side During Months & Hours Factory Avenue East At all times § 260-22. Loading Zone. Location In Mattituck, along the west side of Factory Avenue from the northwest comer of New York Route 25 to the southwest comer of Old Sound Avenue Location In Mattituck, along the east side of Factory Avenue from the Metropolitan Transit Authority (Long Island Railroad) property to the southeast comer of Old Sound Avenue. Name of Street Factory Avenue Side Duration Location/Description East 30 minutes 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 May 24, 2011 Page 34 Southold Town Board Meeting Minutes (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. ~r ,¥nte R~ord ~ ResolUt~n ~8}20i i~i0 : gt Adopted [] Adopted as Amended [] Defeated Y~/~Ye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [3 [] [] [] Supervisor's Appt ~h~qpher Ta!b9[ Seconder [] [] [] [] [] Tax Receiver's Appt A!bet~ Krupski Jr. Voter ~ [3 [] [] [] Rescinded Louisa P. Evans Initiator [] [3 [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-411 CATEGOR~ 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 Parking on Factory Avenue" to the Southold Town Planning Board and the Suffolk Coun .ty Department of Planning for their recommendations and reports. ,r Vpge Record ~ Resolution RES;20114tl gl Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [2 [] Withdrawn Vincent Orlando Voter gl [] [] [] [] Supervisor's Appt Christopher Talbot initiator gl [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-412 May 24, 2011 Page 35 Southold Town Board Meeting Minutes CATEGORY: DEPARTMENT: Policies Town Attorney Adopt TOS 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 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. ~' V0te Record - Resolution RES¢20i1-412 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] Supervisor's Appt ~0pber Ta!lo0t ~0ier [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [2 [2 [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-413 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Sound View 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;: 1000-135-1420;: 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 May 24, 2011 Page 36 Southold Town Board Meeting Minutes 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 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 major 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. May 24, 2011 Page 37 Southold Town Board Meeting Minutes Vote ReCOrd - Resolution RES-2011.413 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Absta n Absent 13 Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator gl [] [] [] [] Supervisors Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt A!b~ ~p~k! J~. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-414 C. d TE GORY: Seqra DEPARTMENT: Town Attorney LL Wind Energy & Acc Apts. SEQRA RESOLVED that the Town Board of the Town of Southold hereby finds that the adoption of the local law entitled "A Local Law in relation to Amendments to Chapter 277~ Wind Energy~ and Chapter 280, Zoning~ in connection with Small Wind Energy Systems and Accessory Apartments" is classified as a Type II Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. Vote Record - ReSOlution RES-2011-414 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] : [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [3 [] [] Supt Hgwys Appt [] No Action 2011-415 c.4 TEGOR Y: DEPARTMENT: Enact Local Law Town Clerk Enact LL 6 Chapter 277 & 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 hear/ng on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it May 24, 2011 Page 38 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, '% Local Law in relation to Amendments to Chapter 277~ Wind Energv~ 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 Enerm'. and Chapter 280~ Zoning~ in connection with Small Wind Energy Systems and Accessory Apartments". 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. Definitions. SMALL WIND ENERGY SYSTEM -- A wind energy conversion system consisting of a wind turbine (not to exceed 2-5 125 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. Definitions. 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 344-1989 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 May 24, 2011 Page 39 Southold Town Board Meeting Minutes 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: ( 0 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. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ~¥ote R~ord- R~solufi0i RES~10tl-415 :: , ~ Ado~ ~ ~f~t~ Ye~Aye No/Na~ ~bstaip ~bsent ~ Tabl~ William Ruland Vot~ ~ ~ ~ ~ ~ Wi~d~ Vinc~t ~lando Voter ~ ~ ~ ~ ~ Sup~isor's Appt C~stoph~ Talbot S~onder ~ ~ ~ ~ ~ Supt Hgwys Appt Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 8:11 P.M. in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Albert Krupski Jr. AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell VI. Public Hearings LL/Wind Energy & Accessory Apartments RESULT: CLOSED ]UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Kmpski Jr., Evans, Russell Councilman Christopher M.Talbot COUNCILMAN TALBOT: 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 May 24, 2011 Southold Town Board Meeting Minutes Page 40 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 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 24th day of May, 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 277~ Wind Enerev, and Chapter 280~ Zoning~ in connection with Small Wind Energy Systems and Accessory Apartments" reads as follows: LOCAL LAW NO. 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". 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. Definitions. SMALL WIND ENERGY SYSTEM -- A wind energy conversion system consisting of a wind turbine (not to exceed g-5 125 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. Ill. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. SMALL WIND ENERGY SYSTEM -- A wind energy conversion system consisting of a wind turbine (not to exceed ~5 125 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] May 24, 2011 Page 41 Southold Town Board Meeting Minutes 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. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have a notice that it was posted on the Town Clerk's bulletin board on April 27, that it was printed in the Suffolk Times on May 17 and we have a couple of letters here. One is from Martin Sidor, chairman of the Planning Board. "Thank you for the opportunity to provide comments on the proposed amendments to the town code referenced above. The Planning Board has reviewed the proposed amendments to Chapter 277 to allow for larger wind turbines and supports this change. We have also reviewed the proposed changes to Chapter 280 to clarify accessory apartments in accessory structures and supports that amendment as well." From Jennifer Andaloro, the Assistant Town Attorney "The proposed action has been reviewed to New York State Department of Environmental Conservation regulation 6 NYCRR part 617 as was referenced by Councilman Krupski, that is in consultation with Principal Planner Mark Terry, the action as proposed is a Type II action, therefore not subject to SEQRA review" and a letter from Andrew Freleng, Chief Planner Suffolk County, "Pursuant to the requirements of Section A 14- 14 through A 14-25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant countywide or intercommunity impact. A decision of local determination shall not be construed as either an approval or a disapproval." One more, "The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of the Southold Town Code and the LWRP policy standards. Based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is consistent with the LWRP policy standards and therefore is consistent with the LWRP. Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action." And I think that may be it. Yes, that is it. May 24, 2011 Page 42 Southold Town Board Meeting Minutes Supervisor Russell SUPERVISOR RUSSELL: law? Mr. Wills? Would anybody like to comment on this particular proposed local Frank Wills, Mattituck, Energy Committee FRANK WILLS: Good aRemoon, my name is Frank Wills, I live in Mattituck. Aside from that, I am a member of the Renewable and Alternate Energy Commission of the town committee. The Town. We had quite a discussion about, this is the wind turbines, and if my recollection is correct, the limit that is under those discussions was 100 kilowatts. I am surprised to see now that it has been raised to 125. Maybe I am wrong but part of my memory still works. But I was wondering how come? COUNCILMAN TALBOT: Well, at the initial outset, it did come out as 100 and then we had discussed it and it went back to you guys and it was raised to 125. SUPERVISOR RUSSELL: I think what happened is there was an understanding that may or may not have been correct, that Riverhead's was at 125, so we wanted to be consistent and go to 125. to be candid, the machines are at 100, then they will go larger. I don't think the 100 versus the 125 matters much in terms of what is at the current market. You could probably correct me if I am wrong but 100 seems to be the sweet spot in terms of economic viability for these. So as long as we are coveting what the needs of the local industry are. COUNCILMAN KRUPSKI: And we didn't want the town to be the one to limit the energy production. MR. WILLS: Okay. Supervisor Russell SUPERVISOR RUSSELL: (No response) Would anybody else like to comment on this particular local law? Closing Comments Supervisor Russell SUPERVISOR RUSSELL: That would conclude the business of the agenda. Would anybody like to comment on any issue before the Town Board? Ann? Anne Murray, East Marion ANN MURRAY: Ann Murray from East Marion. A couple of things. First I want to thank you on behalf of the East Marion Community Association for finally putting a noise ordinance to a public hearing. As you know, we have been hoping that this would happen for a couple of years now and I am very grateful to see that. We will probably make some comments at the public hearing and encourage our members to do so as well and the second thing is, I am also glad to see that you are acting on the Factory Avenue problem. I know it is not an East Marion issue but I sympathize a lot with those folks. It has been a terrible problem for a really long time so I am really happy to see that you are acting on it. And the third question, the third thing I wanted to May 24, 2011 Page 43 Southold Town Board Meeting Minutes mention is, is there a replacement for Chief Cochran? SUPERVISOR RUSSELL: The Town Board will, you know, the Police Chief just informed us today that he is retiring. We just literally found out in the afternoon of the work session. The Town Board will look at its options over the next couple of weeks. MS. MURRAY: Am I correct that the Town Board is effectively the sort of Police Commission? SUPERVISOR RUSSELL: We are the Police Commissioners. Yes, that is right. MS. MURRAY: So you appoint the Police Chief?. SUPERVISOR RUSSELL: Yes. MS. MURRAY: Okay. Thank you very much. SUPERVISOR RUSSELL: Okay. Mr. Meinke? Howard Meineke HOWARD MEINKE: Hi, my name is Howard Meinke, I live in Laurel. I just wondered, what is the most recent attitude here about the KACE property? That is apparently rearing its ugly head again and seemingly it is up to the town to allow Greenport to be able to take over some property. Is there any sense that the town is going to do that? SUPERVISOR RUSSELL: I don't think there is any support from this Town Board or any previous Town Board to allow for the annexation of that property. It is a matter of litigation, we did have a discussion in executive session. I can't discuss the details of executive session but I can tell you, I think I speak for the entire Board when I say there is absolutely no support to allow for the annexation of that environmental property into the Village. MR. MEINKE: Thank you. SUPERVISOR RUSSELL: Would anybody else like to comment? Pete? Supt. of Highways Peter Harris PETER HARRIS, SOUTHOLD TOWN SUPERINTENDENT OF HIGHWAYS: I just have a few things I would like to, a couple of questions but first I would like to make a statement. I would just like everyone in Southold Town to know that as of yesterday afternoon, the spring leaf and brush cleanup had been completed from Orient to Laurel. And I would only ask that the good people of Southold, if they see anyone depositing anymore debris out on the sides of the road, please contact the code enforcement officer. It was approximately six to seven weeks to get it done and it was, we were hoping to have it done prior to Memorial Day so people that have families out, barbecues whatever, they didn't have to look at the ugly mess still laying out in front of their homes. It has been completed, we had a lot of inclement days that we still were out there and we were able to complete it, so please, it is over. So please, I mean, I already know that there is stuff out, has been put back out but it has got to come to a point in this town where May 24, 2011 Page 44 Southold Town Board Meeting Minutes this town has got to put their foot down. We give them the service and to just assume that a week and a half after we have been through, that you are just going to put another pile out and say they will be back, sorry, we have got a lot more things to take care of now. So that is the first thing. My first question is on 408 and, about the standard decibels of airborne amplified sound. Friday, Saturday 7:00 AM to 11:00 PM. Does this mean that if a neighbor has a barking dog, that that dog can bark until 110:00 at night? SUPERVISOR RUSSELL: The current code actually already speaks to barking dogs. And owners are required under the current code to silence barking dogs. MR. HARRIS: Is there a time frame, Scott? SUPERVISOR RUSSELL: At any time. There is no specified, you are not allowed to have your dog barking to the injury of neighbors at any time. MR. HARRIS: I understand dogs bark but sometimes neighbors aren't so neighborly, that they, maybe they don't, out in the way back back they have got the dog and the house is up in the front, yet everybody else is being serenaded so, okay, thank you very much for that answer. My second thing is that I listened in earnest on 413 and it seems like a lot of legal stuff. Could someone explain that to me, can you kind of explain that to me in general, can you kind of explain that in general terms. COUNCILMAN ORLANDO: You don't want all the tax lot numbers again. MR. HARRIS: No, I don't need all the numbers, I just, you know, I was trying to follow it and it just seems like I was trying to grasp it because I didn't get a chance to really read it prior to the meeting. But if maybe Martin or someone up on the Board could just .... COUNCILMAN KRUPSKI: The storm damage, the day after Christmas, which wiped out part of Town beach parking lot, it also wiped out part of the shoreline next to Soundview Avenue. But the Town beach, the Town owned the property right up to the Sound, which is state property. At Soundview Avenue, the Town owned 66 feet of roadway but to the north, to the Sound side of that, there are those other and maybe Mr. Orlando can read those tax parcels again, but there is all those tax parcels there that are privately owned between the road that the Town owns and Long Island Sound. So in order to do restoration work on the bluff, in order to protect the roadway, the town has to get easements from those individual property owners to put, it is going to be a very minimal structure, but to put sand down also to protect the road. MR. HARRIS: Okay. So are, I mean, I understand because we blocked the road off as it is to protect the traveling public at this time. Are we going to put some type ora hardened structure at the base, is that part of the plan? COUNCILMAN KRUPSKI: The current plan is for a row of either two or three boulders high at the base. It is sort of an unconsolidated boulder revetment. Not a bulkhead. May 24, 2011 Southold Town Board Meeting Minutes Page 45 MR. HARRIS: Alright. Now the fact that the (inaudible) where we are getting an easement and that people did suffer a hardship but that was mother nature. COUNCILMAN KRUPSKI: Right. MR. HARRIS: And it just seems to me that the fact that government is going to restore the entire thing at the cost of the government and once it is completed, little staircases that go down to the beach and those nice little signs that say private, keep out, go back up and I just, when that December 26 storm happened, because we had had a storm, a nor'easter earlier in the year where we got emergency clearance to dump some material because the embankment was going away and I had gotten a couple of phone calls from a resident that owned property directly across the street and he said, when are you going to start dumping material here and I said, well, we are going to put some material there just to in an emergency situation but you as a property owner, you, in my opinion and I am not a lawyer but in my opinion, you as a property owner have as much responsibility to protect me, the taxpayer from allowing your property to get washed away so that it puts me as a taxpayer in jeopardy. So that is just me talking and I am not talking as an elected official. I am talking as a taxpayer, that I feel that there is a certain responsibility there that if you want to, if you want to own property facing Long Island Sound or Peconic Bay or Dune Road, you have a certain responsibility as the property owner to protect your property and not expect everyone else to pay for it if something goes awry. COUNCILMAN KRUPSKI: Well, Martin can answer that legal question. SUPERVISOR RUSSELL: Let me just quickly say that the easements in place for this are only for the rock revetment for the need of shoring up the roadbed for you, for your public road. We are not restoring the beaches there. Any reference in this language that talks about trucking sand, that is sand to Town beach, the public asset. In other words .... MR. HARRIS: Wouldn't we also, Scott, be hauling material in to dump over the embankment to shore that (inaudible) SUPERVISOR RUSSELL: Yes, to backfill the revetment that we are constructing. MR. HARRIS: Not the beach, I am not talking about the beach. The beach is the beach. I am just talking about private property that got washed away that was eroding very rapidly to public property. That is my point. COUNCILMAN KRUPSKI: We feel that after 5 months, this is our only recourse to protect the town road. And we are not going to restore, like Scott said, we are not going to restore their beach .... MR. HARRIS: No, I know we are not, because the beach has somewhat started to replenish itself naturally but I am just saying, it is private property. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Alright. Would anybody else like to address the Town Board on May 24, 2011 Southold Town Board Meeting Minutes Page 46 any issue? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:25 P.M. Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Talbot, Kmpski Jr., Evans, Russell