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Home My WebLink AboutTB-07/19/2011ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631)765 - 1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES July 19, 2011 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, July 19, 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 PM Meeting called to order on July 19, 2011 at Meeting Hall, 53095 Route 25, Southold, NY. I. Reports 1. Justice Bruer Monthly Report 2. Program for the Disabled 3. Justice William H. Price Jr. 4. Justice Louisa P. Evans 5. Department of Public Works 6. Board of Trustees 7. Zoning Board of Appeals 8. Special Projects Coordinator 9. Zoning Inspector 10. Building Department 11. Island Group Health Care Plan 12. Transfer Station/Compost Site Activity 13. Town Clerk 14. Human Resource Center 15. Budget II. Public Notices 1. Permit Application to Army Corps of Engineers 2. NYS Liquor License Application 3. NYS Liquor License Renewal Notices 4. Southold Planning Board July 19, 2011 Page 2 Southold Town Board Meeting Minutes IlL Communications IV. Discussion 1. 9:00 A.M. - John Cushman 2. 9:30 A.M. - Heather Lanza 3. 9:45 A.M. - Website Development Committee 4. 10:10 A.M. - Phillip Beltz, Mark Terry, Les Scheinfeld 5. 10:30 A.M. - Mark Terry 6. 11:00 A.M. - Pete Harris, Jamie Richter, John Sepenoski 7. 11:15 A.M. - Pete Harris, Jamie Richter 8. "No Parking" on Alvah's Lane 9. Factory Avenue LL Comments 10. Economic Advisory Council & Member Composition 11. Garbage - Road Ends and Beaches 12. Site Plan Completion - How to Enforce Motion To: Motion to enter into Executive Session On motion by Justice Evans, seconded by Councilman Talbot, it was RESOLVED the Southold Town Board hereby enters into Executive Session at 12:02PM for the purpose of discussing the following matters: 13. 14. 15. (1) The medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation. Appointment with Chief of Police Martin Flatley (2) Discussions regarding proposed, pending or current litigation, e.g. Air vs. Trustees; Nickart Realty vs. Southold Town Planning Board Vote of the Town Board: Ayes: Councilman Ruland, Councilman Orlando, Councilman Talbot, Councilman Krupski, Justice Evans, Supervisor Russell RESULT: ADOPTED IUNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Executive Session - Labor 12:30 P.M. - Executive Session - Labor - Chief Martin Flatley Executive Session - Litigation Strategy Motion To: Motion to exit from Executive Session On motion by Councilman Ruland, seconded by Justice Evans, it was RESOLVED the Southold lown Board hereby exits from Executive Session at 2:00 PM. Vote of the lown Board: Ayes: Councilman Ruland, Councilman Orlando, Councilman Krupski, Councilman lalbot, Justice Evans, Supervisor Russell. No resolutions were placed on the Town Board agenda as a result of this Executive Session. July 19, 2011 Page 3 Southold Town Board Meeting Minutes RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Pledge to the Flag Special Presentation 4:30 P.M. - Southold Town Youth Bureau Website Photo Contest Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. Before we get on with the regular meeting, we have a presentation that we would like to give out. So, Philip Beltz, I am going to ask you to come up and tell everybody a little about the competition. Phillip Beltz, Chairman Youth Board PHILIP BELTZ, SPECIAL PROJECTS COORDiNATOR: The Town of Southold Youth Bureau decided to have a photo website competition for the town's newly created website. So the Youth Board held a competition, we got responses from over a dozen students from throughout the Town of Southold and we had a very difficult evening trying to judge who the three awardees are. However, after a good two hour discussion and vetting of it and Councilman Orlando was there as well, we came up with one person selected as having the winning entry and we have two honorable mentions. So the Supervisor has recognition certificates and we also have i-tune cards for you. SUPERVISOR RUSSELL: Honorable mention, Evelyn Fisher. MR. BELTZ: Thank you very much. SUPERVISOR RUSSELL: We have another certificate of honorable mention, Katie Marlo. MR. BELTZ: Katie could not make it tonight. SUPERVISOR RUSSELL: First place winner is Luke Bugdin. COUNCILMAN ORLANDO: Nice picture. JUSTICE EVANS: When do we get to see the pictures? COUNCILMAN ORLANDO: They are actually in there. SUPERVISOR RUSSELL: They are in the proclamations. MR. BELTZ: They are also on the website. July 19, 2011 Page 4 Southold Town Board Meeting Minutes Opening Statements Supervisor Russell SUPERVISOR RUSSELL: I would like to congratulate everybody who submitted, the artistic achievement of the youth in this community is astounding. And congratulations to all of you. I would offer anybody an opportunity that wants to comment on any of the agenda items to please free to do that now. Any agenda items? (No response). V. Resolutions 2011-501 CA TEGOR Y: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated July 19, 2011. ,t' Vote Record - Res01uti0n RES-2011~50t [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Sec0~der ~ ~ [] [] [] Tax Receiver's Appt Albert Kmpski Jr, Voter [] [] : [] [] [] Rescinded Louisa P. Evans Initiator [] [] : [] [] [] Town Clerk's Appt Scott Russell Voter I~ [] [] [] [] Supt Hgwys Appt [] No Action 2011-502 CA TEGOR Y: 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 Vote Record - Resolatlgn,RES-¢011-502 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisot's Appt Christopher Talbot Seconder [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Vot~ ~ [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action July 19, 2011 Page 5 Southold Town Board Meeting Minutes 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 the Fishers Island School, at Fishers Island, New York. Vote Record - ReSolution RES-201!-503 [] Adopted [] Adopted as Amended [] Defeated Yes/Axe No/Nay Absta n Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Cluistopher 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 2011-504 Tabled 6/21/2011 4:30 PM CA TEGOR Y: Bid Acceptance DEPARTMENT: Police Dept Accept Bid for SUV for the Police Department Fiscal Impact: One (1) bid Mullen Motors Inc. bid of $27,995.00 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 Utili ,ty 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. Vote Record -Resolution RES-2011-504 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Na~ Abstain Absent [] 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 July 19, 2011 Page 6 Southold Town Board Meeting Minutes 2011-505 CATEGORY: Refund DEPARTMENT: Town Clerk Authorize a Refund of $100. O0 to USI 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. Vote Record - Resolution RES-2011-505 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Absta n Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-506 CA TEGOR Y: DEPARTMENT: Employment - Town Accounting Hire PT Seasonal Theatre Personnel FIFD 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 1 st 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. July 19, 2011 Page 7 Southold Town Board Meeting Minutes ~ vote Record ' ReS°lution RES-201 i-506 [] Adopted [] Supervisor's Appt Chhst0pher Talbot Voter [] [] [] [] [] Tax Receivers Appt Albert Krupski Jr. lnitiat0~ ~ v1 [] [] 2011-507 CATEGOR~ DEPARTMEN~ Employment-FWD Accounting Change Employee Status Richard Hoch 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. vote R~ord - Resolution RES-2011-$07 1~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No(NaY Abs[ain Absent [] Tabled William Ruland Voter I~ [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisors Appt Clmstopher Talbot Seconder [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter I~ [] [] [] [] Rescinded Louisa P. Evans Initiator ~ [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [2] [] [] Supt Hgwys Appt [] No Action 2011-508 cA TEGORY: 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 July 19, 2011 Page 8 Southold Town Board Meeting Minutes 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. ,/Yore ~rd ~ Resolution RES-20tl-508 Adopted R~c~d~ ~uisa P. Evans S~ond~ ~ ~ ~ ~ 2011-509 CATEGORY: DEPARTMENT: SWMD Budget Mods Budget Modification Solid Waste Management District Fiscal Impact: Cover Komatsu A/C repairs; Kenworth electrical malfunction diagnosis/repair; Volvo 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 July 19, 2011 Page 9 Southold Town Board Meeting Minutes Vote Record - Re~olution RES-2011-509 [] 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 [] [] [] [] [] 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 2011-510 CA TEGOR Y: DEPARTMENT: Budget Modification Building Department Budget Modification 2011 General Fund Part Town 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 Meetings and Seminars $800.00 To: B.3620.1.100.200 Overtime Earnings $800.00 Vote Record - Resolution RES-2011-510 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled , William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] El [] 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 [3 No Action 2011-511 CA TEGOR Y: DEPARTMENT: Employment - F1FD Accounting Salary Increase 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: July 19, 2011 Page 10 Southold Town Board Meeting Minutes 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. Vote R~:ord - ReSOlution RES-2011-511 [] Adopted [3 Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled wiliiain Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter El [] [] [] [] Tax Receiver's Appt Aib~ ~pSki Jr. Initiator [] [] [] [] [] Rescinded Louisa P, Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-512 CATEGORY: DEPARTMENT: Bid Acceptance Police Dept Accept Bid for Video 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. Vote Record - ReSOlution RES-2011-512 [] Adopted [] Adopted as A~nended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter El [] [] [] [] Supervisor's Appt Christopher TalbOt Seconder [] [] [] [] E] Tax Receiver's Appt Albert Kmpski Jr, Voter El [] [] [] [] Resch~ded Louisa P. Evans Initiator El [] [] [] [] Town Clerk's Appt Scott Russell Voter El [] [] [] [] Supt Hgwys Appt [] No Action 2011-513 CA TE GO R Y: DEPARTMENT: Property Usage Town Clerk Authorize the Town Clerk to Issue Special Parking Permits to Victoria Storke RESOLVED the Town Board of the Town of Southold hereby authorizes the Town Clerk to issue approximately eight soecial oarkine nermits to Victoria Storke for use at the Kenney's July 19, 2011 Page 11 Southold Town Board Meeting Minutes 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. [] 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 Receiver's Appt Albert Krupski Jr. Voter [] [3 [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-514 C,4TEGOR~ DEPARTMEN~ Grants Solid Waste Management District 2011-2012 HHW Grant Application Fiscal Impact: .4 Resolution ,4uthorizing the Filing of an ,4pplication for a State Assistance from the Household Hazardous Waste (HHPV) State Assistance Program and Signing of the ,4ssociated State Contract, Under the '4ppropriate 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; July 19, 2011 Page 12 Southold Town Board Meeting Minutes 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. Vote Record - Resolution RES-2011,$14 [] Adopted [] Adopted as Amended [] Defeated ~es/~ye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder g~ [] [] [] [] Supervisors Appt Christopher Talbot Voter [] [] [] [] [] [] [] rn [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-515 CA TEGOR Y: DEPARTMENT: Authorize Payment Town Attorney Authorizes and Directs the Payment of the 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 proper ,ty damage stemming from an incident on May 7~ 2011, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2011-515 [] Adopted [] Adopted as Amended [] Defeated yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [3 [] Sup~rvisor's Appt Christopher Talbot voter [] [3 [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-516 CATEGOR~ DEPARTMEN~ Employment - FIFD Accounting Appoint John Z 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 July 19, 2011 Page 13 Southold Town Board Meeting Minutes 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. Vote Rt~ord - Resolution RES-201IaSl6 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] E] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Sup~rvisor's Appt Christopher 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 2011-517 CA TEGOR Y: DEPARTMENT: Affordable Housing Town Attorney Sets the Maximum Sales Price and Maximum Allowable Monthly 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 housing units as follows: Home Purchase Price May Not Exceed: Households earning 80% or less of the HUD median income for Nassau/Suftblk $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/Suflblk 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'** July 19, 2011 Page 14 Southold Town Board Meeting Minutes *** represents Nassau/Suffolk Low Home Rent Limits Vote Record - Resolution REs-2011-517 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Na~ Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Seconder [] [] [] [] [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] Rescinded Louisa P. Evans Initiator [] [] 13 [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] 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 Income Family Dwelling Units Not Built Within the Town of Southold's lnclusionary 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 $212~250.00 as the amount of payment required per housing unit for Moderate Income Family Dwelling Units not built within the Town of Southold's inclusionary zoning requirements. Said amount reflects two times the Nassau/Suffolk median income for a family of four (4) in accordance with the Long Island Workforce Housing Act. Vote Record ~ Resolution RES-2011-5!8 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [3 [] Withdrawn Vincent Orlando Voter El [] [] r~ [] Supervisor's Appt Christopher Taibot Initiator r~ [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Voter [] [] [] [] [] RescInded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter El [] [] [] [] 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. July 19, 2011 Page 15 Southold Town Board Meeting Minutes 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 Vote Record * Resohltion RES-2011=$19 [~ Adopted [] Adopted as Amended [] Defeated Yes/Aye NofNay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt ~hdstopber T~!b~~ Vp~er ~ [] [] [] [] Tax Receiver's Appt Albert ~pski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-520 CATEGORY: DEPARTMENT: Ratify Fishers Island Reso. Town Clerk F1FD 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. $214,000.00 $214,000.00 Appropriations: SM. 5610.2.000.000 $214,000.00 July 19, 2011 Southold Town Board Meeting Minutes Page 16 · ~ Vote Re,rd- Resolution RES~2011-520 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] F1 [] [] Supqcvisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert ~pik! ~il Seconder ~l [] [] [] 2011-521 CA TEGOR Y: DEPARTMENT: Landfill Misc. 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. Vote Record - Resolution RES-2011-521 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [2 [] Tax Receiver's Appt Albert KBlpski Jr, Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter ~ [] [] [] [] 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 Klipp 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 July 19, 2011 Southold Town Board Meeting Minutes Page 17 Park & Playground monies. WHEREAS that the Town Board of the Town of Southold appropriated $15,000.00 in the 2011 budget for improvements and repairs to the Klipp Park Boat Ramp, by appropriating Park 8,: 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 $7,200.00, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby reallocates $7,200.00 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. Vote Record - Re~olutton RES-2011-522 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent William Ruland Voter [] [] [] [] [] Tabled [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Cluistopher Talbot Seconder [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter I~ [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-523 CA TE GO R Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute the Agreement Between the Town of Southold 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 Agreement between the Town of Southold and Hamptons 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 at dusk, at Tasker Park, Peconic Lane~ Peconic~ New York, subject to the approval of the Town Attorney. Vote Record- Resolution RES-2011-523 ~ 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 Receiver's Appt 5!be~ ~P§k! Jr. Vpter [] [2 [] [] [] Rescinded Louisa P. Evans Seconder ~ [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action July 19, 2011 Page 18 Southold Town Board Meeting Minutes 2011-524 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attomey Execute an Interagency 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 Interageney Contract with the County, of Suffolk through its duly constituted Department of Fire~ Rescue and Emergency 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. Vote Record - Resolution RES-2011-$24 I [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled Wiiiiam Ruiand Initiator [] [] [] [] [] Withdrawn ~i~ceni 0riand~ S~;hcl~,- [] [2 F1 [] ~ Supervisor's Appt Chri~i;pher gai~i V0ier ~ [] [] F1 [] Tax Receiver's Appt Albert Krapski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-525 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Agreement W/CSEA/SC DOL Works Program RESOLVED that the Town Board of the Town of Southold hereby ratifies and ~oves the Agreement between the Town of Southold and the CSEA dated July 7, 2011~ concerning utilization of the Suffolk County Department of Labor Works Program. Vote Record - ReSOitttl0~ RES-2011~$25 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] El Withdrawn Vincent Orlando Initiator [] [] D [] [] Supervisor's Appt Cttristopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albeit Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-526 July 19, 2011 Page 19 Southold Town Board Meeting Minutes CATEGORY: DEPARTMENT: Contracts, Lease & Agreements 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~ 2011~ concerning the settl~nent of PERB Case No. U-30968. e' Vot9 Record - Resolution RES-2011,526 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] : [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Alber~ Krupski Jr. Initiator [] [] [] [] [] Rescinded Louisa P, Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [3 [] [] [] Supt Hgwys Appt [] No Action 2011-527 CA TEGOR Y: 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 18, 2011 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Suffolk County Historical Society to use the following roads and town beaches for its bicycle run on Sunday~ 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. ~' Vote Rec0rd - Resolution RES~20!l*527 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] 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 July 19, 2011 Page 20 Southold Town Board Meeting Minutes 2011-528 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD 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 (Maint/Supply Cat 966 Loader) SR 8160.4.100.552 (Maint/Supply Volvo Loader) $3000 $1200 $1800 ~;Vote ReCOrd - ResolutiOn REs~2011-528 [] 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 [] 13 [] [] [] Tax Receiver's Appt A!beft ~P~k! J~. VOter [] [] Rescinded Louisa P. Evans Voter [] [] : [] [] [] Town Clerk's Appt Scott Russell Voter [] [] : [2] [] [] Supt Hgwys Appt [] No Action 2011-529 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement Between the Town of Southold and the County of Suffolk, Acting through Its Duly Constituted Sheriff's Office, in Connection with the NYS 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 Agreement between the Town of Southold and the County of Suffolk~ acting 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. July 19, 2011 Page 21 Southold Town Board Meeting Minutes ,/Vote Record - Resoiuti~n RES-2011-$29 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder gl [] [3 [] [] Supervisoes Appt , C~tristopher Talbot Voter [] [] [] [] [] Tax Receivers Appt A!bert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [3 [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-530 CATEGOR~ DEPARTMEN~ 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, SouthoM 2020, 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. ,r vote ReCOrd. Resolution RES.201i.530 [] Adopted [] Adopted as Amended [] Defeated ~s/A~e Ng/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 [] [] [3 [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt $~it RUssell V~ter ~ 12 [3 [] [] Supt Hgwys Appt [] No Action July 19, 2011 Page 22 Southold Town Board Meeting Minutes 2011-531 CATEGORD DEPARTMEN~ Advertise Town Clerk Advertise for Request for Proposal for V~ebsite 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 Attorney. Vote Record .- ReaOluflon RES-2011-53t [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] : [] [] [3 Sup~rvisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt A!be~ ~p~k! ~[: Initiator [] F1 Fl El [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] FI Supt Hgwys Appt [] No Action 2011-532 CA TEGOR Y: DEPARTMENT: Affordable Housing Town Clerk Authorize 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 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 affbrdable housing purposes. July 19, 2011 Page 23 Southold Town Board Meeting Minutes ~' ~0t~ Record * ReSOlUtion RES-2011-532 [] Adopted [] Adopted as Amended [] Def~ated Yes/Aye No/Na~ Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Seconder [] [] E] [] [] 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 2011-533 CATEGOR~ 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., in Connection with the Lease of One (1) Canon IR-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 Agreement 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. Vote Record ~ Ra~olufion RES-2011-533 [] Adopted [] Adopted as Amended [] Defeated Yes/A e No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] 13 [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Initiator [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-534 CATEGOR~ DEPARTMEN~ 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 of Ronald R. Rossi, term to expire March 31, 2012. July 19, 2011 Southold Town Board Meeting Minutes Page 24 Vote ReCOrd ~ Re~olution RES-2011~534 r~ Adopted [] Adopted as A~nended [] Defeated Yes/Axe No/Nay : Abstain Absent [] Tabled William Ruland Initiator El : [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] : [] [] [] Supervisor's Appt Christopher Talbot Voter El [] [] [] [] Tax Receiver's Appt Albert Krupsk! Jr: Voter r~ [] [] [] [] Rescinded Louisa ?. Evans Voter El El El [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-535 CA TE G 0 R Y: 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 following Capital Proiect 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 Vote Record - Resolution RES-2011-535 [] 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 ~uisa Pi ECan~ V0ier El [:3 [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-536 CATEGORY: DEPARTMENT: Budget Modification Town Attorney Budget Modification - Goldsmith Tidal Prism Study July 19, 2011 Page 25 Southold Town Board Meeting Minutes 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 Vote Rec°rd - ReSOlution RES-2011-536 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled william Ruland V~ter [] [] [] [21 [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Chri§!opher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. i~itiai~r [] Rescinded Louisa Pi ECah~ v~ter [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-537 CA TEGOR Y: DEPARTMENT: Seqra Town Attorney LL/Di Vello SEQRA RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed Local Law entitled '% Local Law to Amend the Zoning Map of the Town of Southold by Chan~in~ the Zoning 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. ,r Vote Record - Resolution REs-2011-537 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [21 [] Rescinded Louisa P. Evans initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action July 19, 2011 Page 26 Southold Town Board Meeting Minutes 2011-538 CA TEGOR Y: 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 WItEREAS 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 Parking 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 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 Location In Mattituck, along the west side of July 19, 2011 Page 27 Southold Town Board Meeting Minutes Factory Avenue East At all times Factory Avenue Both At all times 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 only, along both sides of Factory Avenue from the Metropolitan Transit Authority (Long Island Railroad) property to the southeast comer of Old Sound Avenue. § 260-22. Loading Zone. Name of Street Side During Months & Hours Factory Avenue East 30 minutes 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 Factor,/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. July 19, 2011 Page 28 Southold Town Board Meeting Minutes Vote Re~Ord - Re~olution RES-2011-538 [] Adopted ~1 Adopted as Amended [] Defeated Yes/Aye No/NaY Abstain Absent [] Tabled William Ruland Voter V~ [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisot's Appt Christopher Talbot Initiator [] [] [] [] [] Tax Receiver's Appt Albert IG~pski Jr. Voter [] [3 [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-539 Tabled 7/5/2011 7:30 PM C,,ITEGORY: Enact Local Law DEP,4RTMENT: 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 held a public heating 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 the Prevention and Control of Noise Pollution in the Town of Southold" 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 July 19, 2011 Page 29 Southold Town Board Meeting Minutes existence of unreasonably loud, unnecessary disturbing or unusual noise within the Town has become an increasingly, significant problcnn 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 ora 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, tiding tractors, snowblowers, snowplows, etc. NOISE POLLUTION - Airborne or amplified sound which: A. Causes temporary or permanent heating 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 July 19, 2011 Page 30 Southold Town Board Meeting Minutes 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 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 airbome 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 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 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. July 19, 2011 Page 31 Southold Town Board Meeting Minutes 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 fight-of-way. 11.Emergency construction or repair work. 12. Noise from the activities of any fire depamnent, 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 ora continuing nature, each one hour period of violation of any provision of this chapter shall constitute an additional, separate and distinct offense. B. 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. IlL EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. July 19, 2011 Page 32 Southold Town Board Meeting Minutes Vote Record -, Re~Oluflon RES-2011-539 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland hfitiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albea Kmpski Jr. Voter [] 0 [] ~ [] Rescinded Louisa P. Evans Voter [] [3 [3 [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 539 SUPERVISOR RUSSELL: Let me just clarify for everyone's sake that that noise code is not going to be an all encompassing code. There is undoubtedly going to be noise in a community that is living and breathing and working and dying. This is about unreasonable noise at unreasonable levels at unreasonable hours. Obviously new Board's can undertake the issue of noise in the future, for the time being, we tried to simply bring some measure of satisfaction to communities that have been put out by people that have just simply been disrespectful neighbors. It is not about weed whackers and all the other things you hear about every day. 2011-540 CA TE GO R Y: DEPARTMENT: Enact Local Law Town Clerk Enact Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of that Portion of SCTM #1000-140-2-32from R-40 to LI" WHEREAS, by Local Law No. 30 of 1999, the Town Board of the Town of Southold, in connection with the County Route 48 Land Use Study, rezoned the entirety of a parcel of land in Mattituck identified as SCTM #1000-140-2-32, from Light Industrial (LI) to R-40; and WHEREAS, the rezoning of the entirety of the parcel appears to have been in error, as the supporting Planning documents contemplated rezoning only the portion of that parcel fronting on Mary's Road from LI to R-40; and WHEREAS, the Town Board finds it appropriate to correct that error and to rezone the portion of SCTM #1000-140-2-32 that was to have remained LI, back to LI; and WHEREAS, rezoning of the portion of the subject site as LI is consistent with the County Route 48 Land Use Study, and WHEREAS the Town Board of the Town of Southold has considered the change of zone of that portion of SCTM #1000-140-2-32 that was intended to remain LI on its own motion; and now therefor be it July 19, 2011 Page 33 Southold Town Board Meeting Minutes RESOLVED that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County, New York, the Town Board of the Town of Southold held a public hearing on this proposed Local Law, and be it further RESOLVED that the Town Board of the Town of Southold hereby ENACTS Local Law No. 8 of 2011 The 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" at Southold Town Hall~ 53095 Main Road~ Southold~ New York~ on the 19th day of July~ 2011 at 4:35 p.m. The portion of the property to be rezoned is approximately .52 acres, is located off of Mary's Road in Mattituck, and depicted in the attached drawing. July 19, 2011 Page 34 Southold Town Board Meeting Minutes July 19, 2011 Page 35 Southold Town Board Meeting Minutes Vote Record - Resolution RES,2011-540 ~ Adopted [] Adopted as Amended [] Defeated Yes/AYe No/NaY Abstain Absent [] Tabled William Ruland Seconder I~ [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisot's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt A!b~ Kmpski J[~ Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Initiator [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-541 CA TEGOR Y: DEPARTMENT: Property Acquisition Purchase Land Preservation Swain Dev 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 July 19, 2011 Page 36 Southold Town Board Meeting Minutes 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, 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. Vote Record - Resolution RES-2011-541 [] Adopted [] Adopted as Amended [] Defeated yes/AYe No/Nay Abstain Absen! [] Tabled William Ruiand Voter [~ [] [] [] [3 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 Comments regarding resolution 541 COUNCILMAN RULAND: I would like to reiterate Councilman Krupski's comment about that particular parcel and that particular corridor, from Route 25 to Oregon Road. Certainly it is a key piece, I think as someone who owns property on the lower end of Mill Lane and it is part of the preservation program, that when you look at the map it doesn't do as much justice as if you ride up Mill Lane and what you can see and more importantly I think as Albert, as you have said in the past, what people will continue to see indefinitely. And I vote Aye. SUPERVISOR RUSSELL: If you choose to drive up Mill Lane and it is late at night, honk and say hi to Bill. July 19, 2011 Page 37 Southold Town Board Meeting Minutes Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 4:56 P.M. in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Kmpski Jr., Evans, Russell VI. Public Hearings PH 7/19/11 ~ 4:32 PM for Swain Dev Rights RESULT: CLOSED ]UNANIMOUSI MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Kmpski Jr., Evans, Russell Councilman Christopher M. Talbot COUNCILMAN TALBOT: RESOLVED that pursuant to the requirements of Section 265 of thc New York State Town Law and the Code of the Town of Southold, Suffolk County, New York, the Town Board of the Town of Southold will hold a 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" at Southold Town HaH~ 53095 Main Road~ Southold~ New York~ on the 19th day of July~ 2011 at 4:35 p.m. The portion of the property to be rezoned is approximately .52 acres, is located off of Mary's Road in Mattituck. I have a notice that it was posted on the Town Clerk's bulletin board on June 28 and that it was posted in the Suffolk Times on July 7, 2011. I have a couple of letters, one from Martin Sidor, chairman of the Southold Planning Board, "Thank you for the opportunity to provide comments on the proposed local law referenced above. Then Planning Board has reviewed the proposed legislation and supports this zone change." And from the LWRP coordinator, "The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold 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 exempt from LWRP coastal consistency review pursuant to Chapter 268-3 and therefore consider this recommendation in preparing its written determination regarding the consistency of the proposed action." And from the Suffolk County chief planner, "Pursuant to the requirements of section A 14-14 through A 14-25, the Suffolk County administrative code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter of local determination as there is no apparent significant countywide or inter-community impact. A decision of local determination shall not be construed as either an approval or a disapproval." We have a letter from the applicants attorney. "We are the attorneys for John and Frances DiVello, the owners of the property in question. We reiterate their opposition to the original rezoning of any portion of the property to R-40, as set forth in the record in the original rezoning proceeding in 1999 and in the action brought under Supreme Court index # 00-08376. We ask that those matters be incorporated by reference into this July 19, 2011 Page 38 Southold Town Board Meeting Minutes hearing transcript, inasmuch as the rezoning to LI proposed in this hearing does not include the entire parcel." And that is it. SUPERVISOR RUSSELL: Would anybody like to comment on this particular local law? (No response) 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" RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Councilman Talbot COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ July 19~ 2011~ at 4:32 p.m.~ Southold Town Hall~ 53095 Main Road~ Southoid~ New York as the time and place for a I~ublic hearinr, for the purchase of a development rights easement on property owned by Bradley T. Swain. Said property is identified as part of SCTM #1000-107.-5-1.1. The address is 4390 Mill Lane in Mattituck. The property is located in the A-C zoning district and is situated on the easterly side of Mill Lane approximately 300 feet northwesterly from the intersection of Mill Lane and Wickham Avenue in Mattituck, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 12.44- acres (subject to survey) of the 15.44- acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $65,000 (sixty-five thousand dollars) per buildable acre for the 12.44- acre easement plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Deparm~ent, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I also have a notice that it was posted on the Town Clerk's bulletin board on July 7. That is was posted in the Suffolk Times on July 14, 2011 and we have got a short environmental assessment form. And that is it. SUPERVISOR RUSSELL: Would anybody like to comment on this particular acquisition? Anyone? July 19, 2011 Page 39 Southold Town Board Meeting Minutes COUNCILMAN KRUPSKI: I would just like to say that as the liaison to the Land Preservation Committee, this is one of the easier decisions they've made. This is, them is a lot of road frontage, it is active farmland. It adds to a nice block of preserved land in that part of Mattituck and we are very happy the Swain family decided to go this route. It really does add to the agricultural community there. SUPERVISOR RUSSELL: I want to thank the Swain family for their generosity, the preservation program works because we have willing landowners that are willing to participate in the program and I want to thank them very much for their participation. Closing Statements Supervisor Russell SUPERVISOR RUSSELL: That concludes the meeting. Would anybody like to come up and address the Town Board on any issue under the sun? Mr. Heyliger. Leroy Itilliger, Mattituek LEROY HEYLIGER: Good afternoon. My name is Leroy Heyliger and I live on Wickham Avenue in Mattituck. First of all, I would like to thank the Board very much for their work on the local law that you have passed for Factory Avenue. Certainly it is a piece of legislation which we sorely needed, the attention to in that area. However, I am here with concern about a beloved person in our community who died in a terrible accident on the comer of Wickham Avenue on June 24. Her name was Judy Utter, she was 96 years of age and she was well-known to the theatre goers for her work with the North Fork Community theatre. Also, I had occasion to see her once in a while at the post office and when I, that terrible day when this accident happened, she was making a left hand turn off of Route 48 onto Wickham Avenue which was reported in the paper. She made that left hand turn and was struck by an asphalt track which toppled over and spilled, she was killed instantly I believe. It was a terrible accident. I was on my way home when I saw what happened and of course, the whole road was closed down for several hours. We have had a lot of accidents there in the past. I have been living them since 1966 and the traffic has really gotten, coming off of Route 48, coming on Wickham Avenue, then Grand Avenue up to Briarswoods, there has been developments, there has been homes put them and there is a lot of traffic when the people are coming home especially this time of the night and also the elderly who go shopping and come back home and it is a dangerous situation. And I was just wondering if there was some way, like at Cox Neck Road, they have that light, you know the left hand turn and we all know for senior citizens, in the defensive driving courses they tell us left hand turns are the most dangerous especially for senior citizens and I am wondering if some consideration could be given to have a light installed there, a green light for a left had turn. SUPERVISOR RUSSELL: Let me explain, we actually, that particular stretch of road is under the jurisdiction of the Suffolk County Department of Public Works, it is a county road. On behalf of the Town Board I have contacted the commissioner of the Suffolk County Department of Public Works and asked for turning lanes, turning signals there, light signals and in addition to that, a study of that area to bring more permanent traffic calming solutions because Route 48 July 19, 2011 Page 40 Southold Town Board Meeting Minutes isn't the road we remember growing up. It is a much different road today and we are asking the county to look at the whole area. There has been a number of accidents over the past few years and we are asking them for their evaluation to bring some sort of traffic calming solution to that section that they control. MR. HEYLIGER: Okay. Thank you. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board on any issue? Councilman William P. Ruland COUNCILMAN RULAND: I would like to make a comment, Scott. To Mr. Heyliger, we had a meeting with the Chief of Police today and one of the discussions we had concerned Factory Avenue and the fact that we felt that we were going to adopt that local law this evening and that is going to prompt additional signage on Factory Avenue, some of which as you know and I have seen has been removed by someone. So the plan is that the parking, the no parking signs are going to be reinstalled where missing and the new ones put where they are supposed to be and we made him aware of the fact that this was an important quality of life issue for that section of the hamlet, not only for the residents who live along there but for the people who traverse it as well. And made it known to him that we felt that enforcement, once the signs went up, should begin right away. To make people understand that this is how we are going to rectify the problem and we need to make it stick. Councilman Vincent P. Orlando COUNCILMAN ORLANDO: And plus, we also addressed the 5 minute idling role, the state law. Tracks idling more than 5 minutes there. Supervisor Russell SUPERVISOR RUSSELL: With the issue, with more specific to the issue of your church, we are exploring all opportunities to try to either relocate that, our effort is to try to relocate that dumpster out of your view, from that one business owner that is maintaining it there. And we are pursuing all of our legal options there. Councilman Talbot COUNCILMAN TALBOT: One other thing that we had discussed because it came up at our last meeting, the people from out of town and camping on the Sound, it was brought up last meeting by a resident here regarding 67 steps and we spoke to the Police Chief today as well and there is going to be a greater police presence on the Sound shore line in the entire area of Southold Town. So, we look to nip that in the bud. Supervisor Russell SUPERVISOR RUSSELL: Any other comments? (No response). Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 5:12 P.M. July 19, 2011 Page 41 Southold Town Board Meeting Minutes Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Kmpski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell