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HomeMy WebLinkAboutAG-07/19/2011ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER FINAL AGENDA Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631 ) 765 - 1800 www. southoldt own.northfork.net SOUTHOLD TOWN BOARD July 19, 2011 4:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Agenda is generally available the Friday before the meeting. The video of the meeting is usually available 1-2 hours after the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed in one of two ways: (1) The town of Southold website: southoldtown.northfork.net Click on "Town Board On- Line"; Click Box "Yes" to be redirected to IQM2 and you will then be redirected to the Town Clerk online site. (2) www.townclerk, com Enter zip code 11971 in box on lower right hand side and "enter". On the left hand side of screen a dark blue box will pop up, you will see "Town of Southold, Long Island, NY", click on this and another box will pop up that will tell you that you are being directed to another site click on "Yes" to go into the Town Clerk site. Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the meeting by clicking on the camera symbol. All of this information is available 24/7. If you would like help navigating the site, please feel free to call my office 631-765-1800. CALL TO ORDER 4:30 P[q Meeting called to order on July 19, 2011 at Meeting Hall, 53095 Route 25, Southold, NY. I. REPORTS 1. Justice Bruer Monthly Report June 2011 2. Program for the Disabled June 2011 3. Justice William H. Price Jr. June 2011 Southold Town Meeting Agenda - July 19, 2011 Page 2 4. Justice Louisa P. Evans June 2011 5. Department of Public Works June 2011 6. Board of Trustees June 2011 7. Zoning Board of Appeals June 2011 8. Special Projects Coordinator June 2011 9. Zoning Inspector June 2011 10. Building Department June 2011 11. Island Group Health Care Plan 6/1/10 - 5/31/11 and 7/1/10 - 6/30/11 12. Transfer Station/Compost Site Activity June 2011 13. Town Clerk June 2011 14. Human Resource Center June 2011 15. Budget Month Ended June 30, 2011 II. PUBLIC NOTICES 1. Permit Application to Army Corps of Engineers South Brown Limited Liability Company cio Reginald Tuthill, to construct a fixed pier, inclined ramp and 2 floats. Hallock's Bay, Orient Harbor 2. NYS Liquor License Application Jemco Winery Associates Inc. for a Farm Winery License, 825 North Rd., Greenport 3. NYS Liquor License Renewal Notices Laurel Lake Vineyard LTD, 3165 Main Rd., Laurel North Fork Restaurant Group LLC, d/b/a A Mano, 13550 Main Rd., Mattituck Porpey Restaurant Inc., Old Mill Inn, 5775 West Mill Rd., Mattituck Donielle's Restaurant, DoLittle's, 10095 Main Rd., Mattituck 4. Southold Planning Board June 2011 IlL COMMUNICATIONS IV. DISCUSSION 9:00 A.M. - John Cushman 6-month Budget Analysis Southold Town Meeting Agenda - July 19, 2011 Page 3 2. 9:30 A.M. - Heather Lanza Comprehensive Plan Update 3. 9:45 A.M. - Website Development Committee draft RFP 4. 10:10 A.M. - Phillip Beltz, Mark Terry, Les Scheinfeld Proposed Affordable Housing Unit for Suffolk County 72H Program 5. 10:30 A.M. - Mark Terry Goldsmith Inlet Watershed Workplan 6. 11:00 A.M. - Pete Harris, Jamie Richter, John Sepenoski MS4 Projects 7. 11:15 A.M. - Pete Harris, Jamie Richter Bay Avenue Bridge, East Marion 8. "No Parking" on Alvah's Lane per Councilman Ruland 9. Factory Avenue LL Comments 10. Economic Advisory Council & Member Composition 11. Executive Session - Labor Matters Involving Employment of Particular Person(s) 12. 12:30 P.M. - Executive Session - Labor - Chief Martin Flatley Matters Involving Employment of Particular Person(s) 13. Executive Session - Litigation Strategy Air v. Southold Trustees Nickart Realty v. Southold Planning Board 14. Garbage - Road Ends and Beaches 15. Site Plan Completion - How to Enforce SPECIAL PRESENTATION 4:30 P.M. - Southold Town Youth Bureau Website Photo Contest V. RESOLUTIONS 2011-501 CA TEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated July 19, 2011. Southold Town Meeting Agenda - July 19, 2011 Page 4 v'VoteRecord ResolufionRES 2011 501 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-502 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 Tuesday~ August 2~ 2011 at the Southold Town Hall, Southold, New York v'VoteRecord ResolutionRES 2011 502 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-503 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set Annual Town Board Meeting on Fishers Island RESOLVED the Annual Fishers Island Town Board Meeting of the Southold Town Board will be held at 1:30 PM on Wednesday~ August l0t 2011 at Fishers Island, New York. ffVoteRecord ResolutionRES 2011 503 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supeiwisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action Southold Town Meeting Agenda - July 19, 2011 Page 5 2011-504 Tabled 6/21/2011 4:30 PM CATEGORY: Bid Acceptance DEPARTMENT: Police Dept Accept Bid for SUF for &e Police Department Fiscal Impact: One (1) bid Mullen Motors Inc. bid of $27,995. O0 THIS RESOLUTION TO BE WITHDRAWN RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Mullen Motors Inc. to supply the Police Department with a 2011 Sport Utility Vehicle (Jeep Grand Cherokee 4X4), in the amount of $27,995, all in accordance with the bid specifications in the Legal Notice to Bidders dated May 24, 2011. · ~VoteRecord ResolutionRES 2011 504 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supeiwisor's Appt CN'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-505 CA TE GO R Y: Refund DEPARTMENT: Town Clerk Authorize a Refund orS100. O0 to U$I Electric for Duplicate Payment for an Electrical Permit RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $100.00 to USI Electric for duplicate payment for an electrical permit for Arthur Edwards Swimming Pools, as recommended by the Building Department. Southold Town Meeting Agenda - July 19, 2011 Page 6 v'VoteRecord ResolutionRES 2011 505 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hg~vys Appt [] No Action 2011-506 CATEGORY: DEPARTMENT: Employment - Town Accounting Hire PT Seasonal Theatre Personnel FJFD WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their June 30, 2011 to hire two part-time seasonal employees for the operation of the movie theater for the summer season from July 1st until September 7, 2011. Michael Conroy as a Seasonal Recreational Aide at $125.00 per movie and Karla Heath as a Seasonal Clerk at $200.00 per week, 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 the Town Board of the Town of Southold hereby appoints Michael Conroy as a Seasonal Recreational Aide at $125.00 per movie and Karla Heath as a Seasonal Clerk at $200.00 per week. These appointments will begin on July 1,2011 and end on September 7, 2011. v'VoteRecord ResolutionRES 2011 506 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-507 CATEGORY: DEPARTMENT: Employment - FIFD Accounting Change Employee Status Richard Hoch Southold Town Meeting Agenda - July 19, 2011 Page 7 WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their June 21, 2011 to change the status of Richard Hoch, Freight Agent, from a salaried employee to an hourly employee at a rate of $29.32 per hour effective June 23,2011, 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 the Town Board of the Town of Southold hereby changes the status of Richard Hoch, Freight Agent, from a salaried employee to an hourly employee at a rate of $29.32 per hour effective June 23,2011. v'VoteRecord ResolutionRES 2011 507 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-508 CATEGORY: Surplus Equip - Non Usable DEPARTMENT: Data Processing Data Processing Surplus Equipment WHEREAS the Town Board of the Town of Southold hereby declared certain Used Computer Equipment to be surplus, and WHEREAS the Town Clerk received no bids for said equipment, now there for be it RESOLVED that the Data Processing Department be authorized to dispose of the computer equipment in the E-Waste located at the Southold Town Transfer Station. v'VoteRecord ResolufionRES 2011 508 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supeiwisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action Southold Town Meeting Agenda - July 19, 2011 Page 8 2011-509 CATEGORY: DEPARTMENT: SWMD Budget Mods Budget Modification Solid Waste Management District Fiscal Impact: Cover [~omatsu A/C repairs; [~enworth electrical malfunction diagnosis/repair; Folvo hydraulic cylinder; repair of vending machine control panel module; overextended lines on remaining. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 Solid Waste Management District budget as follows: From: SR 8160.1.200.100 SR 8160.4.100.660 To: SR. 1490.1.100.200 SR. 1490.1.100.500 SR 8160.4.100.125 SR 8160.4.100.550 SR 8160.4.100.552 SR 8160.4.100.580 SR 8160.4.400.610 SR 8160.4.400.681 SR 8160.4.500.500 SR 8160.4.600.700 Personal Services P/T $2,585 Paper Leaf Bags 1,915 Total $4,500 Personal Services Admin. Overtime $1,800 Personal Services Admin. Holiday Pay 785 Misc. Supplies 200 Maint/Supply Komatsu Loader 500 Maint/Supply Volvo Loader 500 Maint/Supply Ford Tractor 100 Vending Machine Repairs 100 Kenworth Tractor Repairs 250 Credit Card Processing Fee (vending machine) 200 Permits and Licenses 65 Total $4,500 · /VoteRecord ResolutionRES 2011 509 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-510 CATEGORY: DEPARTMENT: Budget Modification Building Department Budget Modification 2011 General Fund Part Town Southold Town Meeting Agenda - July 19, 2011 Page 9 Fiscal Impact: To allocate additional funds for overtime earnings. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Part Town budget as follows: From: B.3620.4.600.200 To: B.3620.1.100.200 Meetings and Seminars $800.00 Overtime Earnings $800.00 v'VoteRecord ResolutionRES 2011 510 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supeiwisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-511 CATEGORY: DEPARTMENT: Employment - FIFD Accounting Salary Mcrease Matthew Lynch, Ferry Captain WHEREAS, the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their June 30, 2011 meeting to effect a salary increase of 3% to Matthew Lynch, Ferry Captain, who has completed 5 years of full time service: 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 the Town Board of the Town of Southold hereby increases the salary of Matthew Lynch, Ferry Captain, by 3% effective July 6, 2011. v'VoteRecord ResolutionRES 2011 511 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action Southold Town Meeting Agenda - July 19, 2011 Page 10 2011-512 CATEGORY: DEPARTMENT: Bid Acceptance Police Dept Accept Bid for Fideo System - PD RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Watch Guard Video in the amount of $89,670.00 for supplying In-Car Digital Video Recording Systems, all in accordance with the Specifications provided by the Police Department and the Town Attorney's office. · /VoteRecord ResolutionRES 2011 512 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-513 CATEGORY: DEPARTMENT: Property Usage Town Clerk Authorize the Town Clerk to Ia'sue Special Parking Permits to Fictoria Storke RESOLVED the Town Board of the Town of Southold hereby authorizes the Town Clerk to issue approximately eight special parkin~ permits to Victoria Storke for use at the Kenney's Beach parking area on Saturday~ August 20~ 2011 from 7:00 PM to 9:00 PM for her wedding ceremony all in accordance with the Wedding Ceremonies on Town Beaches Rules and Regulations. · /VoteRecord ResolufionRES 2011 513 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-514 CA TEGORY: Grants Southold Town Meeting Agenda - July 19, 2011 Page 11 DEPARTMENT: Solid Waste Management District 2011-2012 HHW Grant Application Fiscal Impact: A Resolution Authorizing the Filing of an Application for a StateAssistancefrom the Household Hazardous I/Vaste (HHI/V) State Assistance Program and Signmg of the Associated State Contract, Under the Appropriate Laws of New York State. WHEREAS, the State of New York provides financial aid for household hazardous waste programs; and WHEREAS the Town of Southold, herein called the MUNICIPALITY, has examined and duly considered the applicable laws of the State of New York and the MUNICIPALITY deems it to be in the public interest and benefit to file an application under these laws; and WHEREAS, it is necessary that a Contract by and between THE PEOPLE OF THE STATE OF NEW YORK, herein called the STATE, and the MUNICIPALITY be executed for such STATE Aid; NOW, THEREFORE, BE IT RESOLVED BY the TOWN BOARD of the TOWN OF SOUTHOLD That the filing of an application in the form required by the State of New York in conformity with the applicable laws of the State of New York including all understanding and assurances contained in said application is hereby authorized. That Supervisor Scott A. Russell, or his/her designee is directed and authorized as the official representative of the MUNICIPALITY to act in connection with the application and to provide such additional information as may be required and to sign the resulting contract if said application is approved by the STATE; That the MUNICIPALITY agrees that it will fund the entire cost of said household hazardous waste program and will be reimbursed by the State for the State share of such costs. That five (5) Certified Copies of this Resolution be prepared and sent to the NYSDEC together with a complete application. That this resolution shall take effect immediately. v'VoteRecord ResolufionRES 2011 514 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supeiwisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action Southold Town Meeting Agenda - July 19, 2011 Page 12 2011-515 CATEGORY: DEPARTMENT: Authorize Payment Town Attorney Authorizes and Directs &e Payment of &e Sum of $283.84 to Reimburse Robert Ghosio, Sr. for Property Damage Stemming from an Incident on May 7, 2011 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the payment of the sum of $283.84 to reimburse Robert Ghosio, Sr. for property damage stemmin~ from an incident on May 7, 2011, subject to the approval of the Town Attorney. · /VoteRecord ResolufionRES 2011 515 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withdrawn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-516 CATEGORY: DEPARTMENT: Employment - FIFD Accounting Appoint John T. Testa Part Time Deckhand WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at a July 12, 2011 special meeting to hire as a part time deckhand John T. Testa effective July 21,2011 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 the Town Board of the Town of Southold hereby appoints John T. Testa to the position of a part time deckhand for the Fishers Island Ferry District, effective July 21, 2011 at a rate of $10.29 per hour. Southold Town Meeting Agenda - July 19, 2011 Page 13 v'VoteRecord ResolufionRES 2011 516 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Cta'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-517 CATEGORY: DEPARTMENT: Affordable Housing Town Attorney Sets the Maximum Sales Price and Maximum Allowable Mon&ly Rent for 2011 for Affordable Housing Units RESOLVED that the Town Board of the Town of Southold hereby sets the maximum sales price and maximum allowable monthly rent for 2011 for affordable housin~ units as follows: Home Purchase Price May Not Exceed: Households earning 80% or less of the HUD median income for Nassau/Suffolk $212,250' Households earning 100% or less of the HUD median income for Nassau/Suffolk $265,000** * 2.5 times the 80% median income for Nassau/Suffolk Counties ($84,900) ** 2.5 times the 100% median income for Nassau/Suffolk Counties ($106,000) Monthly Rental Amounts May Not Exceed (utilities not included): Efficiency One Bedroom Two Bedroom Three Bedroom Four Bedroom $928*** $995*** $1,193'** $1,379'** $1,538'** *** represents Nassau/Suffolk Low Home Rent Limits Southold Town Meeting Agenda - July 19, 2011 Page 14 v'VoteRecord ResolufionRES 2011 517 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-518 CATEGORY: DEPARTMENT: Affordable Housing Town Attorney Sets $212,250 as the Amount of Payment Required Per Housing Unit for Moderate Mcome Family Dwelling Units Yot Built Within the Town of $outhold'6' ]nclusionary Zoning Requirements RESOLVED that pursuant to Chapter 240-10-B(2)(c)[2][a] of the Town Code, the Town Board of the Town of Southold hereby sets $212~250 as the amount of payment required per housin~ unit for Moderate Income Family Dwellin~ Units not built within the Town of Southold's inclusionar.y zonin~ requirements. Said amount reflects two times the Nassau/Suffolk median income for a family of four in accordance with the Lon~ Island Workforce Housin~ Act. v'VoteRecord ResolufionRES 2011 518 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-519 CATEGORY: DEPARTMENT: Ratify Fishers Island Reso. Town Clerk FIFD Budget Modification Fiscal Impact: To complete payment for the Halville Fish Ladder Project, per the Connecticut Department of Environmental Protection. Southold Town Meeting Agenda - July 19, 2011 Page 15 RESOLVED the Town board of the Town of Southold, in furtherance of its fiscal oversight of the Fishers Island Ferry District, hereby ratifies and approves the following resolution to be adopted by the FIFD Commissioners on July 19, 2011: Resolved that the Board of Commissioners of the Fishers Island Ferry District hereby modify the 2011 Fishers Island Ferry District budget as follows: TO: SM.5710.2.100.000 FROM: SM.5709.2.000.000 APPROPRIATION 2011-1 Fish Ladder Repairs, other $30,000.00 $30,000.00 v'VoteRecord ResolutionRES 2011 519 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-520 CATEGORY: DEPARTMENT: Ratify Fishers Island Reso. Town Clerk FIFD Budget Appropriation for Elizabeth Field Fiscal Impact: to appropriate Federal grants for Elizabeth Field RESOLVED the Town Board of the Town of Southold, in furtherance of its fiscal oversight of the Fishers Island Ferry District, hereby ratifies and approves the following resolution to be adopted by the FIFD Commissioners on July 19, 2011: Resolved the Board of Commissioners of the Fishers Island Ferry District hereby modify the 2011 Fishers Island Ferry District budget to appropriate Federal grants for Elizabeth Airport. Revenues: SM.4097.00 Capital Grant, Federal government Elizabeth Airport, C.E. $214,000 $214,000 Appropri~ions: SM.5610.2.000.000 $214,000 Southold Town Meeting Agenda - July 19, 2011 Page 16 v'VoteRecord ResolutionRES 2011 520 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hg~vys Appt [] No Action 2011-521 CATEGORY: Landfill Misc. DEPARTMENT: Solid Waste Management District Commercial Waste Tip Fees Fiscal Impact: Commercial rate change to reflect current pricing under Winters Brothers MSW haul/dispose contract. RESOLVED that the Town Board of the Town of Southold hereby set the tip fees charged for commercial waste at the Cutchogue Transfer Station as follows: · Regular commercial waste: $ 90.75/ton · 100+ tons per month commercial waste: $ 78.25 These rates shall be effective retroactive to July 6, 2011. v'VoteRecord ResolutionRES 2011 521 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-522 CATEGORY: DEPARTMENT: Budget Modification Public Works New Suffolk Boat Ramp Fiscal Impact: Transfer funds for the repair of the [~lipp Park Boat Ramp to the emergency repair and improvement of the New Suffolk Boat Ramp. The repair and improvements to the New Suffolk Boat Ramp is funded by Southold Town Meeting Agenda - July 19, 2011 Page 17 Park & Playground monies. WHEREAS that the Town Board of the Town of Southold appropriated $15,000 in the 2011 budget for improvements and repairs to the Klipp Park Boat Ramp by appropriating Park & Playground funds and WHEREAS the Town has determined that emergency improvements and repairs were needed to the New Suffolk Boat Ramp, in the amount of $7,200, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby reallocates $7,200 of the funds appropriated for the Klipp Park Boat Ramp to funds the emergency repairs and improvements to the New Suffolk Boat Ramp which will also be funded by using Park & Playground monies, said improvements to be a legal charge to the Boat Ramp Improvement Appropriation A. 1620.2.500.375. v'VoteRecord ResolutionRES 2011 522 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-523 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute the Agreement Between the Town of $outhold and Hamptons Drive-In, LLC RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the A~reement between the Town of Southold and Han~ptons Drive-In, LLC in connection with the equipment rental in an amount not to exceed $850.00 for the Town of Southold Youth Bureau's Family Movie Night to be held on August 12, 2011, rain date August 26, 2011, subject to the approval of the Town Attorney. v'VoteRecord ResolutionRES 2011 523 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action Southold Town Meeting Agenda - July 19, 2011 Page 18 2011-524 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute an Mteragency Contract with the County of Suffolk through Its Duly Constituted Department of Fire, Rescue and Emergency Services RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Interaeency Contract with the County of Suffolk throueh its duly constituted Department of Fire, Rescue and Emereency Services and the Town of Southold for the provision of an emergency generator for the Town of Southold at no cost to the Town, subject to the approval of the Town Attorney. · /VoteRecord ResolutionRES 2011 524 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-525 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Agreement W/CSEA/$C DOL Works Program RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the A~reement between the Town of Southold and the CSEA dated July 7, 2011, concerning utilization of the Suffolk County Department of Labor Works Program. · /VoteRecord ResolutionRES 2011 525 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-526 CATEGORY: Contracts, Lease & Agreements Southold Town Meeting Agenda - July 19, 2011 Page 19 DEPARTMENT: Town Attorney Settlement Stip W/CSEA/PERB U-30968 RESOLVED that the Town Board of the Town of Southold hereby approves the Stipulation of Settlement between the Town of Southold and the CSEA dated July 18~ 201L concerning the settlement of PERB Case No. U-30968. · /VoteRecord ResolutionRES 2011 526 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-527 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the Suffolk County Historical Society to Use the Following Roads and Town Beaches for Its Bicycle Run on Sunday, September l & 2011 RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to the Suffolk County Historical Society to use the followin~ roads and town beaches for its bicycle run on Snnday~ September 18~ 2011 beginning at 8:30AM in Riverhead, heading east into Southold: Sound Avenue to Southold Town Beach continuing to Greenport's Main Road; return trip via Main Road (Route 25) west to Bay Avenue in Mattituck to Peconic Bay Boulevard into Riverhead, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley within ten (10) days 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. · /VoteRecord ResolutionRES 2011 527 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-528 Southold Town Meeting Agenda - July 19, 2011 Page 20 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWJVJD Budget Mod for Loader Parts Fiscal Impact: New cutting edges needed for payloader buckets: rubber edge for Volvo; steel edge for CAT966. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 Solid Waste Management District budget as follows: From: SR 8160.4.100.660 (Paper Leaf Bags) To: SR 8160.4.100.551 (Maim/Supply Cat 966 Loader) SR 8160.4.100.552 (Maim/Supply Volvo Loader) $3000 $1200 $1800 v'VoteRecord ResolutionRES 2011 528 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-529 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement Between the Town of $outhold and the County of Suffolk, Acting through Its Duly Constituted Sheriff's Office, in Connection with the NFS Office of Homeland Security Grant Program Regarding Grant Funds RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the A~reement between the Town of Southold and the County of Suffolk actin~ through its duly constituted Sheriff's Office~ in connection with the NYS Office of Homeland Security Grant Program regarding grant funds in the sum of $103,904.04 for Operation Shield administered by the Suffolk County Sheriff's Office in partnership with the East End Marine Task Force, subject to the approval of the Town Attorney. Southold Town Meeting Agenda - July 19, 2011 Page 21 v'VoteRecord ResolutionRES 2011 529 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-530 CATEGORY: DEPARTMENT: Advertise Town Clerk Create Economic Development Committee and Advertise for Resumes WHEREAS, on October 20, 2009 the Town Board adopted a resolution calling for the development of a new comprehensive plan, Southold2020, acknowledging the need for a single and concise document for guidance on Town policies, and WHEREAS, community feedback on the Economic Development Chapter of the plan suggested that the Town Board immediately create an Advisory Committee to the Town Board known as the Southold Town Economic Development Committee to advance efforts to promote economic development in the Town of Southold; and WHEREAS, the Town Board would like to act on this recommendation to improve economic development and to assist residents and businesses, NOW, THEREFORE, be it RESOLVED that the Town Board of the Town of Southold hereby creates the Southold Economic Development Committee consisting of representatives from a diverse range of businesses and industries who will be responsible for making recommendations to the Town Board regarding the development and implementation of successful initiatives relating to economic development in the Town of Southold and further direct the Town Clerk to advertise for resumes from interested individuals. ffVoteRecord ResolutionRES 2011 530 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action Southold Town Meeting Agenda - July 19, 2011 Page 22 2011-531 CATEGORY: DEPARTMENT: Advertise Town Clerk Advertise for Request for Proposal for Website Design and Development RESOLVED the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise a Request for Proposal for Website Design and Development for the Town of Southold, in accordance with specifications, subject to the approval of the Town Attomey. · /VoteRecord ResolufionRES 2011 531 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supeiwisor's Appt CN'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-532 CATEGORY: DEPARTMENT: Affordable Housing Town Clerk Authorize Supervisor $cottA. Russell to Execute a Letter of Intent to the Suffolk County Director of Affordable Housing Expressing &e Town Board's Interest m Acquiring &e Spcific Parcel for Affordable Housing Purposes WHEREAS, Suffolk County has developed a program known as GML 72-H Affordable Housing to transfer real property of tax-defaulted properties taken by the County to municipalities exclusively for the purpose of developing affordable housing, and WHEREAS, Suffolk County has offered the Town of Southold a site in the hamlet of Greenport West that could possibly be developed as a two-bedroom affordable housing unit. WHEREAS, The Town Board is interested in accepting the conveyance of the parcel from Suffolk County for the development of an affordable housing unit, now therefore be it RESOLVED, that the Town Board hereby authorizes Supervisor Scott A. Russell to execute a letter of intent to the Suffolk County Director of Affordable Housing expressing the Town Board's interest in acquiring the subject parcel for affordable housing purposes. Southold Town Meeting Agenda - July 19, 2011 Page 23 v'VoteRecord ResolutionRES 2011 532 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] WithO'awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-533 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Acquisition Agreement Lease or Purchase Between the Town of Southold and Canon Business Solutions, Inc., m Connection with the Lease of One (1) Canon 1R-6055 Copy Machine for Use by the Justice Court RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Acquisition A~reement Lease or Purchase between the Town of Southold and Canon Business Solutions~ Inc., in connection with the lease of one (1) Canon IR-6055 copy machine for use by the Justice Court at a monthly cost of $401.00 for a period of sixty (60) months from the date of installation, subject to the approval of the Town Attorney. v'VoteRecord ResolutionRES 2011 533 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supeiwisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-534 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk HPC Appointment RESOLVED that the Town Board of the Town of Southold hereby appoints Donald Feiler as a member of the Historic Preservation Commission to fill the un-expired term ofRonald R. Rossi, term to expire March 31, 2012. Southold Town Meeting Agenda - July 19, 2011 Page 24 · /VoteRecord ResolutionRES 2011 534 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-535 CATEGORY: DEPARTMENT: Planning Town Attorney Establish Goldsmith Tidal Prism Study Capital Proj' RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the followin~ Capital Project in the 2011 Capital Fund: Capital Project Name: Goldsmiths Inlet Tidal Prism Study Financing Method: Transfer from the General Fund Whole Town 2011 Budget and Suffolk County Capital Improvement Fund Reimbursement Budget: Revenues: H.5031.27 Interfund Transfers, Goldsmiths Inlet Prism Study Appropriations: H.8997.2.400.100 Other Home & Community Services Capital Outlay, Contracted Services Goldsmiths Inlet Prism Study $15,000 $15,000 · /VoteRecord ResolutionRES 2011 535 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-536 CATEGORY: DEPARTMENT: Budget Modification Town Attorney Budget Modif ication - Goldsmith Tidal Prism Study Southold Town Meeting Agenda - July 19, 2011 Page 25 Fiscal Impact: establishment of Goldsmith Inlet Tidal Prism Study - grant funded RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Whole Town Budget as follows: To: A. 9901.9.000.100 Transfer to Capital Fund $15,000 From: A. 1990.4.100.100 Unallocated contingencies $15,000 v'VoteRecord ResolutionRES 2011 536 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supeiwisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-537 CATEGORY: DEPARTMENT: Seqra Town Attorney LL/D i Fe llo SEQRA RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed Local Law entitled "A Local Law to Amend the Zonin~ Map of the Town of Southold by Chan~in~ the Zonin~ Designation of that portion of SCTM #1000-140-2-:32 from R-40 to LI" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated July 18, 2011 and that said local law is exempt from LWRP coastal consistency review pursuant to §268-3 of the Town Code of the Town of Southold, Waterfront Consistency Review. v'VoteRecord ResolutionRES 2011 537 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supeiwisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action Southold Town Meeting Agenda - July 19, 2011 Page 26 2011-538 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact a Local Law in Relation to Amendments to Chapter 260, Vehicles and Traffic, in Connection with Parking on Factory Avenue WHEREAS there had been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 24th day of May, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 260, Vehicles and Traffic, in connection with Parkin~ on Factory Avenue" and be it further WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, NOW THEREFOR BE IT RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 260~ Vehicles and Traffic, in connection with Parkin~ on Factory Avenue" reads as follows: LOCAL LAW NO. 7 of 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 260, Vehicles and Traffic, in connection with Parkin~ on Factory Avenue". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. Parking associated with Factory Avenue in the hamlet of Mattituck has resulted in conditions that impact the public health, safety and welfare in the surrounding community. The conditions consist of undue congestion, restrictions on access and maneuverability as well as dangerous traffic impacts. Accordingly, it is necessary to impose a range of parking limitations in this area to protect the residents of the Town and restrict the blocking of traffic flow and the orderly use of Town roads. Accordingly, Amendments to Chapter 260 are warranted. II. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: § 260-15. Parking or standing prohibited during certain times. Name of Street Side During Location Months & Hours Southold Town Meeting Agenda - July 19, 2011 Page 27 Factory Avenue West At all times Factory Avenue East At all times Factory Avenue Both At all times In Mattituck, along the west side of Factory Avenue from the northern comer of New York Route 25 to the south side of the Metropolitan Transit Authority (Long Island Railroad) property In Mattituck, along the east side of Factory Avenue from a point 222 feet northerly of New York Route 25 (edge of existing fire lane) to the south side of the Metropolitan Transit Authority (Long Island Railroad) property. In Mattituck for commercial vehicles § 260-22. Loading Zone. Name of Street Side Factory Avenue East During Months & Hours 30 minutes only, along both sides of Factory Avenue from the Metropolitan Transit Authority (Long Island Railroad) property to the southeast comer of Old Sound Avenue. Location In Mattituck, from the south side of the Metropolitan Transit Authority (Long Island Railroad) property southerly to the north side of the first driveway on Factory Avenue for the Shopping Center located on the north side of New York Route 25. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Southold Town Meeting Agenda - July 19, 2011 Page 28 · /VoteRecord ResolufionRES 2011 538 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withdrawn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-539 Tabled 7/5/2011 7:$0 7~ CA TEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Noise Ordinance WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 24th day of May, 2011, a Local Law entitled "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold", and WHEREAS the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, NOW THEREFOR BE IT RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Sonthold" reads as follows: LOCAL LAW NO. 8 of 2011 A Local Law entitled, "A Local Law in relation to the Prevention and Control of Noise Pollution in the Town of Southold". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. A new Chapter 200 of the Code of the Town of Southold is hereby adopted as follows: {}200-1. Title. This law shall be known as the "Prevention and Control of Noise Pollution Law of Southold Town." {}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 Southold Town Meeting Agenda - July 19, 2011 Page 29 existence of unreasonably loud, unnecessary disturbing or unusual noise within the Town has become an increasingly, significant problem during recent years. Such noise pollution which is prolonged, unusual or unnatural in its time, place and use is harmful to the peace, welfare, comfort, safety, convenience, good order and prosperity of the inhabitants of the Town of Southold. It is the public policy and findings of the Town Board that every person is entitled to noise levels that are not detrimental to life, health and the enjoyment of his or her property. The provisions and prohibitions hereinafter enacted are in pursuance of this policy and these findings and for the purpose of protecting and promoting the public health, comfort, convenience, peace, safety, welfare and prosperity of the Town of Southold and its inhabitants. §200-3. Statutory authorization. This chapter is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through regulations intended to govern noise pollution within the entire Town. §200-4. Del'tuitions. As used in this Chapter, the following terms shall have their meanings indicated. AIRBORNE SOUND - Sound that reached the point of interest by propagation through the air. AMPLIFIED SOUND - Sound which has its volume increased by electronic means. CHARITABLE EVENT - An event whose sole purpose is to raise money for a specific charity or non-profit organization. COMMERCIAL SERVICE EQUIPMENT - All engine-powered or motor-powered equipment intended for infrequent service work in inhabited areas, typically requiring commercial or skilled operators. Examples of commercial service equipment are chain saws, log chippers, paving rollers, etc. CONSTRUCTION DEVICE - Any powered device or equipment designed and intended for use in construction. Examples of construction devices are air compressors, bulldozers, backhoes, trucks, shovels, derricks and cranes. dB(A) - The A-weighted sound level in decibels, as measured by a general-purpose sound-level meter complying with the provisions of the American National Standards Institute specifications for sound-level meters, properly calibrated and operated on the A-weighing network. DECIBEL ("dB") - The unit for measuring the volume of a sound based upon the pressure level of a sound. For the purpose of this chapter, the standard reference pressure stated herein will be used to assure a consistent and standard reference for measuring sound. HOMEOWNER'S LIGHT RESIDENTIAL OUTDOOR EQUIPMENT - All engine-powered or motor-powered garden or maintenance tools intended for repetitive use in residential areas, typically capable of being used by a homeowner. Examples of homeowner's light residential outdoor equipment are lawn mowers, garden tools, riding tractors, snowblowers, snowplows, etc. NOISE POLLUTION - Airborne or amplified sound which: A. Causes temporary or permanent hearing loss in persons exposed; or B. Is otherwise injurious, or tends to be, on the basis of current information injurious to the public health or welfare; or C. Disturbs a reasonable person of normal sensitivities; D. Exceeds standards or restrictions established herein; or E. Interferes with the comfortable enjoyment of life and property orthe conduct of Southold Town Meeting Agenda - July 19, 2011 Page 30 business. The following are deemedto interfere withthe comfortable enjoyment of life and property or the conduct of business: 1. Yelling or shouting that disturbs the quiet, comfort or repose of person or persons residing or occupying an adjacent or neighboring property. 2. The using of, operating of or permitting to be played, used or operated, any radio, receiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of airborne or amplified sound in such a manner as to disturb the peace, quiet and comfort of the person or persons residing or occupying an adjacent or neighboring property. PERSON - An individual, association, firm, syndicate, company, trust, corporation, department, bureau or agency or any other entity recognized by law as the subject of rights and duties SOUND-LEVEL METER - An instrument for the measurement of noise and sound levels including a microphone, amplifier, an output meter and frequency weighting networks which comply with standards established by the American National Standards Institute (ANSI) specifications for sound-level meters. § 200-5. General prohibition. No person or persons owning leasing or controlling the operation of any source of noise on any lot or structure within the Town shall permit the establishment of a condition of noise pollution. Except as provided in §200-6, the use of amplifiers, speaker or other machines or devices capable of reproducing amplified or airborne sound from the premises, dwelling or building within the Town shall be considered noise pollution and shall be prohibited at all times. § 200-6. Standards. No person shall create or cause to be emitted any noise pollution which when measured on a sound-level meter at or beyond the property line closest to where the noise is generated or from the property line of a complaining property owner exceeds the following standards: A. Sunday through Thursday: (i) from 7:00 a.m. to 7:00 p.m. airborne or amplified sound in excess of 65 dBA; and (ii) from 7:00 p.m. to 7:00 a.m. airborne or amplified sound in excess of 50 dBA. B. Friday and Saturday: (i) from 7:00 a.m. to 11:00 p.m. airborne or amplified sound in excess of 65 dBA; and (ii) from 11:00 p.m. to 7:00 a.m. airborne or amplified sound in excess of 50 dBA. § 200-7. Exceptions. A. The provisions of §200-5 and §200-6 shall not apply to the following: 1. The intermittent or occasional use between 7:00 a.m. through 9:00 p.m. of homeowner's light residential outdoor equipment with mufflers or commercial service equipment, provided that such activities and such equipment and their use comply with the other provisions hereo£ 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 hereo£ Southold Town Meeting Agenda - July 19, 2011 Page 31 10. 11. 12. 13. 14. 15. Noise from agricultural equipment. Noise from church bells or chimes used. Noise from snowblowers, snowthrowers and snowplows when operated with a muffler for the purpose of snow removal. Non-amplified noise generated from lawful athletic or recreational activities, events, or facilities. Non-amplified noise-organized activities sponsored by any school district, private school or fire district or department within the Town of Southold. Noise from municipally sponsored celebrations or events. Noise from lawful fireworks displays, parades, and other charitable and special events held in accordance with all pertinent provisions of the Southold Town Code. Noncommercial public speaking or public assembly activities conducted on any public space or public right-of-way. Emergency construction or repair work. Noise from the activities of any fire department, ambulance squad or similar emergency or rescue organization in carrying out their official duties. Noncommercial amplified sound that does not exceed the noise standard established in §200-6 of this chapter. Emergency stationary and mobile signal devices. Audible exterior burglar alarms in operation for 15 minutes or less. § 200 - 8. Enforcement. The provisions of this chapter shall be administered and enforced by the Southold Town Police Department and the Southold Town Office of Code Enforcement. § 200- A. 9. Penalties for offenses. Any person who shall violate any provisions of this chapter shall be guilty of a violation punishable by a fine not exceeding $500; and upon conviction of a subsequent offense, punishable by a fine not exceeding $2,500. If the violation is of a continuing nature, each one hour period of violation of any provision of this chapter shall constitute an additional, separate and distinct offense. In addition to any other remedy provided by law, the Town may bring an injunction proceeding to enforce this chapter. II. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Southold Town Meeting Agenda - July 19, 2011 Page 32 v'VoteRecord ResolutionRES 2011 539 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-540 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact LL # 9 Zoning Map Change - DiVello WHEREAS, the petitioner has requested to amend the Zoning Map of the Town of Southold by changing the Zoning District designation of SCTM# 1000-140-2-32 from Residential Low- Density District (one-acre minimum) (R-40) to Light Industrial (LI); and WHEREAS, a Public Hearing was held on this Local Law on the 19tb day of July, 2011 at which time all interested persons were given the opportunity to be heard thereon, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: LOCAL LAW NO. 8 OF 2011 BE IT ENACTED, by the Town Board of the Town of Southold as follows: A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DESIGNATION OF THAT PORTION OF SCTM #1000-140- 2-32 FROM R-40 TO LI. The portion of the property to be rezoned is approximately .52 acres, is located off of Mary's Road in Mattituck. ffVoteRecord ResolutionRES 2011 540 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supeiwisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action Southold Town Meeting Agenda - July 19, 2011 Page 33 2011-541 CATEGORY: DEPARTMENT: Property Acquisition Purchase Land Preservation Swain Der Rights Elect to Purchase & SEQRA WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by Bradley T. Swain on the 19th day of July, 2011, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-107.-5-1.1. The address is 4390 Mill Lane in Mattituck. The property is located in the A-C zoning district and is situated on the easterly side of Mill Lane approximately 300 feet northwesterly from the intersection of Mill Lane and Wickham Avenue in Mattituck, New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 12.4± acres (subject to survey) of the 15.4± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the easement will be acquired using Community Preservation Funds. The purchase price is $65,000 (sixty-five thousand dollars) per buildable acre for the 12.4± acre easement plus acquisition costs; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; and, WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, Southold Town Meeting Agenda - July 19, 2011 Page 34 WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by Bradley T. Swain, identified as part of SCTM #1000-107.-5-1.1. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. · /VoteRecord ResolufionRES 2011 541 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action VI. PUBLIC HEARINGS Public Hearing on a Proposed Local Law Entitled "A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of that Portion of SCTM #1000-140-2-32 from R-40 to LI" 2. PH 7/19/11 ~ 4:32 PM for Swain Dev Rights