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HomeMy WebLinkAboutTB-09/27/2011ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.north fork. net MINUTES September 27, 2011 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, September 27, 2011 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 7:30 PM with the Pledge of Allegiance to the Flag. 2. 3. 4. Call to Order 7:30 PM Meeting called to order on September 27, 2011 at Meeting Hall, 53095 Route 25, Southold, NY. I. Reports Department of Public Works Building Department Empire Plan Experience Town Clerk II. Public Notices 1. Liquor License Alteration 2. Application to Army Corps of Engineers 3. New Liquor License Application IlL Communications IV. Discussion 1. 9:00 A.M. - Jim Bunchuck, James Orioli 2. 9:30 A.M. - Phillip Beltz, Mark Terry, Don Wilcenski 3. Proposed Code Change for Solar Installation 4. Supervisor's 2012 Budget 5. LL/Site Plan Amendments 6. LL/Stop Signs on Nassau Point Road 7. LL/Teardowns 8. EXECUTIVE SESSION - Labor 9. EXECUTIVE SESSION - Litigation September 27, 2011 Southold Town Board Meeting Minutes Page 2 Executive Session Motion To: Motion to enter into Executive Session Motion by Justice Louisa P. Evans, seconded by Councilman William P. Ruland, RESOLVED the Southold Town Board hereby enters into Executive Session at 10:45 AM for the following purposes: (1) Matters involving employment of particular persons (2) Discussions regarding proposed, pending or current litigation on the following cases: Eugene Kuchner et al. v. ZBA, et al Village of Greenport v. Town of Southold Town of Southold et al v. MTA, et al RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Krupski Jr., Evans, Russell ABSENT: Christopher Talbot Motion To: Motion to exit from Executive Session Motion by Justice Louisa P. Evans, seconded by Councilman William P. Ruland, it was RESOLVED the Southold Town Board hereby exits from this Executive Session at 12:22PM RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Krupski Jr., Evans, Russell ABSENT: Christopher Talbot Town Clerk Elizabeth Neville There were no resolutions placed on the agenda as a result of this Executive Session. Pledge to the Flag Opening Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance to the Flag. Thank you. Okay, before I get to the agenda, I just want to make a quick announcement. We have been getting a lot of feedback from local contractors and community members regarding the hurricane cleanup. There are a lot of private contractors that are out there working alongside of Southold Town. It is important for the public to understand that Southold Town has hired no outside contractors for the cleanup. Any of the workers that you see are a subcontractor of either the Suffolk County department of emergency management or one of the LIPA or entities that are otherwise governing those rights of way. In most cases, it is probably the subcontractors that work for the county office of emergency management, those are crews that are paid for with September 27, 2011 Southold Town Board Meeting Minutes Page 3 FEMA funds are part of the disaster declaration but Southold Town only has town employees involved in the cleanup. And it is a substantial task I might point out. That being said, I would ask anybody that would like to address any of the agenda items to please feel free to come up and do that now. (No response) Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, August 30, 2011 / V0t~ ReCOrd ~ AcceptanCe 0f Mi~ute~ for AUg~i:30¢ 20H 7:30 PM yes/Aye No~ay Abstain Absent William Ruled S~onder ~ ~ ~ ~ ~ Tabl~ Alb~ ~ps~ Jr. Voter ~ ~ ~ ~ ~uisa P. Evans ~itiat0r ~ ~ ~ ~ RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, September 13, 2011 '/v0te R~0rd-- AccePtance 0f Minutes for September 13~ 2011 4~30 PM William Ruland Second~ Tabled Alb~ ~pski Jr. V0t~ V. Resolutions 2011-648 CA TEGOR Y: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated September 27~ 2011. [] Adopted [] Adopted as Amended [] Defeated Yes/AYe No/Nay Abstain Absent [] Tabled William Rulm~d Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter ~ [] [] [] [] Supervisot's Appt Christopher Talbot Voter [] [] [] ~ [] Tax Receiver's Appt Albert ~PSki Jr. Seconder [~ [] [] [] [] Rescinded Louisa P. Evans Initiator ~ [] [3 [] [] Town Clerk's Appt Scott Russell Voter ~ [] [] [] [] Supt Hgwys Appt [] No Action September 27, 2011 Page 4 Southold Town Board Meeting Minutes 2011-649 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held at 4:30 PM on Tuesday~ October 11~ 2011 at the Southold Town Hall, Southold, New York ~ ~ot~ R~rd ~ R~lut On RE~.2011-649 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled ~iiiimn Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] Supervisor's Appt Christopher Talbot Voter [] Fl [] [] [] Tax Receiver's Appt Alber~ Krapski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] Town Clerk's Appt ~0ii R~ii V~er [] 13 [] [] [] Supt Hgwys Appt [] No Action 2011-650 CATEGOR~ DEPARTMENT: Contracts, Lease & Agreements Town Attorney Grants Permission to Cablevision's Entity, CSC Acquisition-NY, Inc. to Enter the Premises Located at 1170 Peconic Lane, A/K/A the Peconic School, and Authorizes and Directs Supervisor Scott A. Russell to Execute the Property Access Agreement Between the Town of Southold and CSC Acquisition-NY, Inc. RESOLVED that the Town Board of the Town of Southold hereby grants permission to Cablevision's entity~ CSC Acquisition-NY, Inc. to enter the premises located at 1170 Peconic Lane~ a/k/a the Peconic School~ and authorizes and directs Supervisor Scott A. Russell to execute the Property Access Agreement between the Town of Southold and CSC Acquisition-NY~ Inc., in connection with the installation of equipment to provide broadband communication services to the Peconic School, at no cost to the Town, subject to the approval of the Town Attorney. [] Supervisor's Appt c~siopher Talbot 90ter O El 0 ~ [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Rus~eli Voter ~ [] [] [] September 27, 2011 Page 5 Southold Town Board Meeting Minutes 2011-651 CATEGORY: DEPARTMENT: Organizational Town Clerk Temp Marriage Officer RESOLVED that the Town Board of the Town of Southold hereby appoints Town Assessor Robert I. Scott as a Temporary. Marriage Officer for the Town of Southold, on October 16, 2011 only, to serve at no compensation. ~ Vo~ Re~ord ~ ReSOlufioa RES-20H~651 I~ Adopted [3 Adopted as Amended [3 Defeated Yes/Aye No/Nay Absta n Absen~ [] Tabled ~illiam Ruiand Voter [] [] [] [] [] Withdrawn Vincent Orlando initiator [] [] [] [] [] Supervisor's Appt Cl~ristopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Seconder ~ i v1 [] 13 [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-652 CATEGORY: DEPARTMENT: Committee Resignation Town Clerk Housing Advisory Commission Resignation/Removals and Advertise for Resumes RESOLVED the Town Board of the Town of Southold hereby accepts the resignation of Nancy Pester and removal of Stephen Kiely from the Housing Advisory Commission effective immediately and be it further RESOLVED the Town Board authorizes and directs the Town Clerk to advertise for resumes to fill the vacancies on the Commission. Vote Record - Resolution RES-2011-,652 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] E] [] [] Tax Receiver's Appt Albert Krupski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] F1 [] Town Clerk's Appt Scori Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-653 CATEGOR~ DEPARTMEN~ Advertise Town Clerk Septembm' 27, 2011 Page 6 Southold Town Board Meeting Minutes Advertise for BOAR Member RESOLVED the Town Board of the Town of Southold hereby authorizes the Town Clerk to advertise for resumes for the Board of Assessment Review to fill a vacancy created by Daniel McConlogue who does not wish to be reappointed to a five-year term that expires September 30, 2011. ,r' v~te Record ~ Resolution RES~2011-653 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Absta n Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Comments regarding resolution 653 SUPERVISOR RUSSELL: I just want to quickly say, Dan, we hate to lose you. We certainly understand but thank you for your service, you have been an excellent mmnber of that Board. 2011-654 CA TEGOR Y: DEPARTMENT: Refund Town Attorney Authorizes a Refund (From Account #H3.1189.1 O) to Zenith Abstract, LLC RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund (from Account #H3.1189.10) to Zenith Abstract~ LLC from the Town of Southold in the amount of $1~074.60 in connection with its payment of the Community Preservation Fund tax on property in Southold (SCTM #1000-63-1-1.5) purchased by Comell Properties Corp. on June 21, 2011, as the transaction is exempt fi.om the CPF tax. ~ Vot~ ReCord - ReSOlution RES-2011-654 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled wiiiiam Ruim~d Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. E~ans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-655 CA TEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney September 27, 2011 Southold Town Board Meeting Minutes Page 7 Execute an Agreement Between the Town of Southold and the Suffolk County Office of Community Development RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to exeeute an Agreement between the Town of Southold and the Suffolk Count~ Office of Communitw Development, in connection with the 2011 Community Development Block Grant Program in the amount of$110,500, fully funded by the Department of Housing and Urban Development (HUD), subject to the approval of the Town Attorney. ~ Vot~ Record. Resolution RES-2011~655 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled ~iiii~m Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] [] Supervisors Appt Christopher Ta bot Vo er [] [] [] [] [] T~x Receiver's Appt Albert Kmpski Jr. Seconder [] : [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-656 CA TEGOR Y: DEPARTMENT: Authorize Payment Town Attorney Authorizes Reimbursement in the Sum of $47.95 to Lynn Faught for a Replacement Street Number Sign to Correct a Duplicate Street Address in the Hamlet of Southold RESOLVED that the Town Board of the Town of Southold hereby authorizes reimbursement in the sum of $47.95 to Lynn Faught for a replacement street number sign to correct a duplicate street address in the hamlet of Southold. Vote Record -Resolution RES-2011-6S6 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruiand Voter [] E] [] [] [] Withdrawn Vi~ent Ori~ci~ Se~0nder F~ [2] ~ [] [] Supervisors Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpsk! J[. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-657 CA TEGOR Y: DEPARTMENT: Attend Seminar Town Attorney September 27, 2011 Page 8 Southold Town Board Meeting Minutes Grants Permission to Assistant Town Attorney, Lori M. Hulse, to Attend the Seminar Entitled "23Rd Annual Leon D. Lazer Supreme Court Review Program" at the Touro Law Center in Central Islip, New York RESOLVED that the Town Board of the Town of Southold hereby grants permission to Assistant Town Attorne¥~ Lori M. Hulse~ to attend the seminar entitled "23ra Annual Leon D. Lazer Supreme Court Review Program" at the Touro Law Center in Central Islip~ New York, on October 28, 2011. All expenses for registration and travel are to be a charge to the 2011 Town Attorney budget. ~' V0i~ ReCOrd - Resolution RES.-2011-657 [] Adopted [] Adopted as Amended [] Defeated Y~A~e N0!Na~ Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] 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 2011-658 CA TEGOR Y: DEPARTMENT: Budget Modification Solid Waste Management District SWMD Budget Mods Fiscal Impact: Replace worn intake drag chains on grinder; new and re-capped tires for Volvo payloader, as per bid received 9/22. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 Solid Waste Management District budget as follows: From: SR 8160.4.400.810 C&D Removal To: SR 8160.4.100.596 Maintenance/CBI Grinder SR 8160.4.100.525 Payloader/Truck Tires $12,400 $ 4,200 $ 8,200 September 27, 2011 Southold Town Board Meeting Minutes Page 9 [~ Adopted [] Adopted as Ame~aded [] Defeated Yes/A y e No/INa y Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Sec~er F~ [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [2 [] [] [] Tax Receiver's Appt Alber~ Krupski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evm~s Voter [] [] [] [] [] Town Clerk's Appt Scott RusSell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-659 CA TEGOR Y: DEPARTMENT: Budget Modification Police Dept Budget Modification - Police Department Fiscal Impact: To appropriate money for over expended Seasonal Police Earnings, Police Gasoline & Oil and Bay Constable Gasoline & Oil lines. Also to appropriate money to the Bay Constable Vehicle Maintenance line for necessary repairs to the bilge pump and to the Police Light Bars line for equipment for new vehicles. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 General Fund Whole Town budget as follows: From: A.3120.1.300.100 A.3120.2.300.100 A.1990.4.100.200 To: A.3120.1.300.200 A.3120.2.500.800 A.3120.4.100.200 A.3130.4.100.200 A.3130.4.400.650 Police, P.S. Seasonal/Temp Employees, Regular Earnings $1,500 Police, Equipment Motor Vehicles, Automobiles $2,800 Police Retirement Reserve $50,000 Total $54,300 Police, P.S. Seasonal/Temp Employees, Overtime Earnings$1,500 Police, Equipment Lights Bars $1,000 Police, C.E. Supplies & Materials, Gasoline & Oil $30,000 Bay Constable, C.E. Supplies & Materials, Gasoline & Oil $20,000 Bay Constable, C.E. Contracted Services, Vehicle Maint.& Repairs $1,800 Total $54,300 September 27, 2011 Page 10 Southold Town Board Meeting Minutes Vote Record ~ R~SolUti0n RES~20H-65~ [] Adopted [] Adopted as Amended [] Defeated ~s/Ay~ Ng~Nay Abstain Absent [] Tabled William Ruland Voter 1~ [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] 13 [] [] Supervisor's Appt Cluistopher Talbot Voter [] F1 [] [] [] Tax Receiver's Appt ~!~ ~Pski jr. [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-660 CATEGORY: DEPARTMENT: Bid Acceptance Solid Waste Management District Accept Bid on Tires for SWMD Payloader Fiscal Impact: Pre-bid estimate for these tires was approx. $15,000. RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Barnwell House of Tires~ Inc. to supply the Solid Waste Management District with new and re-capped tires for the Volvo payloader at a cost of $11,055.46, all in accordance with the Town Attorney. Vote Record - Resolution RES~2011-660 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt C~toph~ 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 2011-661 CATEGORY: DEPARTMENT: Budget Modification Trustees Repair and Replace Fishers Island Channel Markers in West Harbor and Hay Harbor through Pirate's Cove Marine. Fiscal Impact: Repair and Place Fishers Island Channel Markers in West and Hay Harbor through Priate's Cove Marine. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 Whole Town Budget as follows: September 27, 2011 Page 11 Southold Town Board Meeting Minutes From: A.$090.4.100.550 To~: A.3130.4.400.600 Board of Trustees Waterway Markers & Equipment $1,500.00 Bay Constable Buoy Maintenance $1,500.00 ~" Vote Record ~ Resolution RES~2011-661 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] Iq [] Supervisor's Appt Christ0pher Talbot Voter [] [] [] [~ [] Tax Receiver's Appt A!b~ ~P~k! Jr: V~ter [] [] F1 FI [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] F1 [] [] [] Supt Hgwys Appt [] No Action 2011-662 CA TEGOR Y: DEPARTMENT: Bid Acceptance Town Clerk Accept Bid of Pirate's Cove Marina for Fishers Island's Channel Markers, Buoys, Etc. RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Pirate's Cove Marine~ Inc., Fishers Island, New York, in the amount of $2914.24 for repair and placement of channel markers to be placed in both West Harbor and Itay Harbor, Fishers Island, New York, as well as retrieve~ repair and replace~ or return missing markers and instructional floats that are lost during the season, at a rate of $75.00 per marker plus the cost of necessary materials, buoys to be prepared and placed at the beginning of the season, and removed and stored by October 15, 2011; foregoing all in accordance with the bid notice of the Fishers Island Harbor Committee and subject to the approval of the Town Attorney. Vote Record c Resolution RES-2011~662 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Absta n Absent [] Tabled William Rulm~d Initiator [] [] [] [] [] Withdrawn Vincent Orlando ~eennder ~ V1 ~ [] [] Supervisor's Appt Cbristopher Talbot Voter [] [] [] [] [] 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 2011-663 CATEGORY: Close/Use Town Roads September 27, 2011 Southold Town Board Meeting Minutes Page 12 DEPARTMENT: Town Clerk 2011 Crop Walk on Sunday, October 16, 2011 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Town Methodist and Presbyterian Churches to use the following roads for their Annual Crop Walk in Southold~ on Sunda¥~ October 16~ 2011 from 1:00 PM to 4:00 PM: Wells Avenue~ Oaklawn Avenue~ Pine Neck Road~ North Road to Ba,vview Road~ North Bavview Road~ Cedar Drive~ Waterview Drive~ Main Bayview Road, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Chief Flatley to coordinate traffic control. Fees associated with this event shall be waived. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. Any town fees associated with this event shall be waived. vote Record- ResolUtion RES-2011-663 gl 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 [] [] [] gl [] Tax Receiver's Appt Albexl Kmpski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter gl [] [] [] [] Town Clerk's Appt Scott Russell Voter ~ [2] [] I'1 [] Supt Hgwys Appt [] No Action 2011-664 CA TEGOR Y: DEPARTMENT: Employment - Town Accounting Hire FT Assistant Cook RESOLVED that the Town Board of the Town of Southold hereby appoints Scan P. Doyle to the position of a Full-Time Assistant Cook for the Human Resource Center, effective October 17, 2011 at a rate of $30,391.53 per annum. Vote Record ~ Resolution RES-2011-664 [] Adopted [] Adopted as Panended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder gl [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter gl [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-665 CA TEGOR Y: Close/Use Town Roads September 27, 2011 Page 13 Southold Town Board Meeting Minutes DEPARTMENT: Town Clerk Grant Permission to the Mattituck Lions Club to Hold Its Annual Halloween Parade in Mattituck, on Monday, October 31, 2010 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Mattituck Lions Club to use the following roads for its Annual Halloween Parade in Mattituck, on Monday~ October 31~ 2010 beginning at 6:00 PM: beginning at the Firehouse, west on Pike Street, South on Westphalia Road, east on Old Sound Avenue, north on Love Lane, east on Pike Street to Mattituck High School, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Chief Flatley upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. All fees shall be waived. ~' V0te Record ~ Resoiuti0n RES;2011~665 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Na~ Abstain Absent [] Tabled William Rulm~d ~ote~ [] [] [] 13 [] Withdraum Vincent Orlando Seconder [] [] : [] [] [] Supervisors Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Alb~ ~p~ki J~. voter [~ [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] ~ [] [] [] [] Supt Hgwys Appt [] No Action 2011-666 CATEGORY: DEPARTMENT: Budget Modification Solid Waste Management District Grinder Budget Re: Metal Detection System Fiscal Impact: Metal Detection System for CB1Grinder to prevent damage to mill from metal debris in brush. $7,500 price from new supplier is $2,100 less than original price quote. Effectiveness verified with multiple users. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 Solid Waste Management District budget as follows: From: SR 8160.4.400.810 C&D Removal SR 8160.4.400.840 Haz. Waste Removal To: SR 8160.4.100.596 Maint/Supply CBI Grinder $5,000 $2,500 $7,500 September 27, 2011 Page 14 Southold Town Board Meeting Minutes Vote Record - Re~olution RES-2011-666 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] I-I [] [] [] Supervisor's Appt Christopher Talbot Voter [] : [] [] [] [] Tax Receivers Appt Albert Kmpski Jr Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] El [] Town Clerk's Appt Scot~ Russell Voter [] : [] [] [] [] Supt Hgwys Appt [] No Action 2011-667 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute a. US Delegated Manager Agreement Between the Town of Southold and NeuStar, Inc. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a .US Delegated Manager Agreement between the Town of Southold and NeuStar~ Inc. regarding the Town's domain name registration services, subject to the approval of the Town Attorney. Vote Record - Resolution RESt2011-667 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] fn El [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] 121 Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter gt [] [] [] [] Town Clerk's Appt Scott Russell Voter gl [] [] [] [] Supt Hgwys Appt [] No Action 2011-668 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Attorney 7:32 PM 10/25/11 - PH LL/Tear Down WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 27th day of September, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning. RESOLVED that the Town Board of the Town of Southold will hold a public heating on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 25th day of October, 2011 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. September 27, 2011 Page 15 Southold Town Board Meeting Minutes The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration, and Chapter 280~ Zoning" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board has reviewed Chapter 144, Fire Prevention and Building Code Administration, and Chapter 280, Zoning, and has determined that certain revisions are required to clarify the building permit application process and to add or revise certain definitions to the Zoning Code to clarify the distinction between demolition, alteration, enlargement and reconstruction. The Town Board has also determined to authorize the Zoning Board of Appeals to refer certain applications to an independent consultant upon the vote of a majority plus one of the Zoning Board of Appeals. II. Chapter 144 of the Code of the Town of Southold is hereby amended as follows: § 144-8. Building permit required; application for permit. Applications. (1) Every application for a building permit shall be made in writing, on a form provided by or otherwise acceptable to the Building Inspector. The application shall be signed by the owner or an authorized agent of the owner and contain the following information and be accompanied by the required fee. In addition, plans and specifications shall be filed with the building permit application to enable the Building Inspector to examine such plans to ascertain if the proposed building will comply with applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation: (a) The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot on which it is situated if an existing building, except in the case of the alterations of a building which do not affect the exterior thereof. (b) The section, block and lot numbers, if any, as they appear on the latest tax records. (c) The exact size and locations on the lot of the proposed building or buildings or structural alteration of an existing building and of other existing buildings on the same lot. (d) A survey of the lot accurately depicting all currently existing and proposed structures. September 27, 2011 Page 16 Southold Town Board Meeting Minutes (d)(_e) The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot and adjacent lots as well as the calculation of existing and proposed lot coverage. (e)(_f) The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate, and the necessary computations to establish conformity to the bulk and density regulations. (f)(g) Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter. (~g)(_h) An application for a building permit for construction on a vacant lot which is not on an approved subdivision map shall be accompanied by a certified abstract of title issued by a title company which shall show single and separate ownership of the entire lot prior to April 9, 1957. (h)(i_)A plot plan drawn to scale and signed by the person responsible for each drawing. At the discretion of the Building Inspector, a survey may be required, prepared by a licensed engineer or land surveyor. (i)(j) Each application for a building permit for a new dwelling unit shall be accompanied by plans and specifications beating the signature and original seal of a licensed professional engineer or architect. (k) In instances where a Notice of Disapproval has been issued by the Building Inspector and an application for a building permit is submitted after subsequent review and approval by the Town of Southold Board of Trustees, the Zoning Board of Appeals, and/or the Planning Board, the applicant shall also submit the approved plan stamped as "approved" by the respective Board and a copy of the Board's final determination. (j)(l_)Construction documents will not be accepted as part of an application for a building permit unless they satisfy the requirements set forth above. Construction documents which are accepted as part of the application for a building permit shall be marked as accepted by the Building Inspector in writing or by stamp. One set of the accepted construction documents shall be returned to the applicant to be kept at the work site. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, or as an indication that a building permit will be issued. Work shall not be commenced until and unless a building permit is issued. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for a building permit. The permit holder shall immediately notify the Building Inspector of any change occurring during the course of work. The building permit shall contain such a directive. If the Building Inspector determines that such change warrants a new or amended building permit, such change shall not be made until and unless a new or amended building permit reflecting such change is issued. September 27, 2011 Page 17 Southold Town Board Meeting Minutes III. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-4. Definitions. The following definitions have been added and/or revised: ALTERATION - As modification made in or on an existing building or structure that does not increase its exterior dimensions. DEMOLITION - Any removal of a structure or portion thereof, the replacement cost of which equals or exceeds 50% of the replacement cost new of the existing structure before the start of construction and qualifies as a Level 2 alteration under the New York State Building Code (which includes the reconfiguration of space, the addition or elimination of any door or window, the reconfiguration or extension of any system, or the installation of any additional equipment). ENLARGEMENT - As applied to an existing structure, any activity causing an increase in one or more exterior dimensions of the building or structure or any part thereof. RECONSTRUCTION - Following demolition, the replacement, in place and in kind, of a previously existing structure. ARTICLE XXIII Nonconforming Uses and Buildings § 280-122. Nonconforming buildings with conforming uses. A. Nothing in this article shall be deemed to prevent the remodeling alteration, reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. § 280-123. Nonconforming buildings with nonconforming uses. A. A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use. (1) Nonresidential uses: (a) Nothing in this article shall be deemed to prevent the remedet~ alteration, reconstruction or enlargement of a nonconforming or conforming nonresidential building with a nonconforming nonresidential use or construction of an addition to existing buildings or additional building on the premises, so long as said increase in size of the buildings created by enlargement of the existing buildings or structures or by the construction ora new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 15%, except that said increase shall not exceed the applicable maximum lot coverage. September 27, 2011 Page 18 Southold Town Board Meeting Minutes (b) In addition, all other setback and area requirements shall apply. Nothing in this article shall be deemed to prevent the remodeti~ alteration, reconstruction or enlargement of a nonconforming or conforming nonresidential building with a nonconforming use or construction of an addition to existing building(s) or additional building on the premises, so long as said increase in size of the building(s) created by enlargement of the existing buildings or structures or by the construction of a new and separate building or structure does not result in an increase in the overall building footprint(s) of more than 30%, except that said increase shall not exceed the applicable maximum lot coverage, and all other setback and area requirements shall apply, provided that the following site remediation measures, in full or in part, as shall be determined by the Planning Board within its sole discretion, are included as an essential element of the aforesaid expansion: [1] Substantial enhancement of the overall site landscaping and/or natural vegetation. [2] Employment of best visual practices by upgrades to existing building facades and/or design of new buildings and/or the additions to existing buildings which accurately or more accurately depict the historic and/or existing rural character of the immediate and nearby neighborhood(s). ARTICLE XXVI Board of Appeals § 280-146. Powers and duties. In addition to such powers as may be conferred upon it by law, the Board of Appeals shall have the following powers: A. Appeals: to hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector. B. Variances: Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. C. Special exceptions, special permits and other approvals: Whenever a use or the location thereof is permitted only if the Board of Appeals shall approve thereof, the Board of Appeals may, in a specific case and after notice and public hearing, authorize such permitted use and its location within the district in which this chapter specifies the permitted use may be located. D. Interpretations: on appeal from an order, decision or determination of an administrative officer or on request of any Town officer, board or agency, to decide any of the following: (1) Determine the meaning of any provision in this chapter or of any condition or requirement specified or made under the provisions of this chapter. (2) Determine the exact location of any district boundary shown on the Zoning Map. E. Review by Independent Consultants: September 27, 2011 Page 19 Southold Town Board Meeting Minutes (1) (2) Upon a majority plus one vote of the Board of Appeals' determination that referral to an independent consultant(s) is deemed necessary, an escrow account for the applicant shall be established with the Town Comptroller's Office. Said escrow account shall be established prior to the Town's referral of the application to its consultant(s). Said escrow account shall be funded by the applicant in an amount to be determined by the Board of Appeals. Upon the determination that any application shall be subject to the Town's review aided by a consultant(s) as set forth herein, no application shall be considered complete for review purposes until an escrow account is established and funded. Withdrawals from said escrow account may be made from time to time to (3) reimburse the Board of Appeals for the cost of its consultant(s') professional review services actually incurred. Whenever the balance in such escrow account is reduced to ¼ of its initial amount, the Board of Appeals shall notify the applicant; thereafter, the applicant shall deposit additional funds into such account so as to restore its balance to ½ of the initial deposit or to such sum as deemed necessary by the Board of Appeals. If such account is not replenished within 30 days after the applicant is notified in writing of the requirement for such additional deposit, the Board of Appeals may suspend its review of the application. The consultant(s) will work under the direction of the Board of Appeals Chairperson. Copies of the consultant(s') qualifications, findings and reports will be provided to the applicant and an opportunity given to the applicant to respond to the content of the consultant(s') report prior to any decisions being made. IV. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. · / vote Ree°rd ~ Resoiution RES-2011-668 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [~ [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Initiator [] [] [] [] [] Rescinded Louisa P. Evans Seconder [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [21 [] Supt Hgwys Appt [] No Action 2011-669 CA TEGOR Y: Legislation September 27, 2011 Page 20 Southold Town Board Meeting Minutes DEPARTMENT: Town Attorney LL/Tear Down to SCPC & PB RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Building Code Administration~ and Chapter 280~ Zoning" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. Vote Reeord ~ ~StiUfi~ ~S-2011-669 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn V ~ Or ~do Sec~nde~ ~ [3 [] ri [] Supervisor's Appt ~op)er T~!b~[ Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans initiator [] [] : [] [] 13 Town Clerk's Appt Scott Russell Voter [] [] : [] [] [] Supt Hgwys Appt [] No Action 2011-670 C,4TEGORY: DEPARTMENT: Local Law Public Hearing Town Attorney Set PH LL/Stop Signs on Nassau Point Road WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 27th day of September, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 260~ Vehicles and Traffic, in connection with Stop Signs on Nassau Point Road" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public heating on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 25th day of October, 2011 at 7:34 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 260~ Vehicles and Traffic~ in connection with Stop Signs on Nassau Point Road" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled, A Local Law ~n relation to Amendments to Chapter 260, Vehicles and Traffic, in connection with Stop Signs on Nassau Point Road". BE IT ENACTED by the Town Board of the Town of Southold as follows: September 27, 2011 Page 21 Southold Town Board Meeting Minutes Purpose. Traffic moving uninterrupted at a high rate of speed along Nassau Point Road in Cutchognc has resulted in a safety concern for the residents in that area, as well as for traffic moving along cross streets. Accordingly, to maintain )ublic safety, it is necessary to install stop signs along Nassau Point Road at the intersection of Vanston Road. II. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: {}260-4. Stop intersections with stop signs. The following highway intersections are hereby designated as stop intersections and stop signs shall be erected as follows: Stop Sign On At Intersection Location Direction of Travel With (hamlet) Nassau Point Road Nassau Point Road North Vanston Road Cutchogue South Vanston Road Cutchogue IlL SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. VOte Record ~ Resolution RES-2011-670 F~ Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Initiator [] [] [] [] [] Withdrawn V ncent Or ando Seconder [] [] [] [] [] Supcrvisoi's Appt Christopher Talbot Voter [] [] [] I~ [] Tax Receiver's Appt Albert Krupski J~: Voter [] [] [] [] [] Rescinded Louisa P. Evans Voter ~ [] [] [] [] Town Clerk's Appt Scott Russell Voter [~ [] [] [3 [] Supt Hgwys Appt [] No Action 2011-671 CATEGOR~ DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute the Modification Agreement Form Between the Town of Southold and the New York State Department of State RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Modification Agreement Form between the September 27, 2011 Page 22 Southold Town Board Meeting Minutes Town of Southold and the New York State Department of State in connection with extending the funding for Agreement #C006879 (Town of Southold LWRP Hamlet Study) to April 14, 2012, subject to the approval of the Town Attorney. Vote Re~ord - Resolution RES.2011-671 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Initiator [] [] [] [] Voter [] [] [] [] [] Supervisor's Appt Christopher Talbot [] Tax Receiver's Appt Albert Krupski Jr. Seconder [] [] [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-672 CA TEGOR Y: DEPARTMENT: Employment - Town Accounting Create and Set Salary Scale RESOLVED that the Town Board of the Town of Southold hereby creates the position of GIS Technician III and establishes the annual rate of pay for GIS Technician III as follows: Effective Date / Entry Step Level 1 2 3 4 _5 January 1,2011 $76,887.18 $80,358.23 $81,746.65 $83,621.01 $85,009.43 $88,480.47 January 1, 2012 $79,962.67 $83,572.56 $85,016.51 $89,965.85 $88,409.81 $92,019.68 vote ReCOrd ~ Resolution RES-2011-672 [] Adopted [] Adopted as Amended (2] Defeated Yes/Aye No/N~y Abstain Absent [] Tabled William Ruland Voter [] [] [] [] [] Withdrawn Vincent Orlando Seconder [] [3 0 [] [] Supervisor'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 2011-673 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute the Modification Agreement Form Between the Town of Southold and the New York State Department of State September 27, 2011 Page 23 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Modification Agreement Form between the Town of Southold and the New York State Department of State in connection with extending the funding for Agreement #C006878 (Stormwater Management in the Town of Southold Phase II) to May 31, 2012, subject to the approval of the Town Attorney. ,~ vnte ReCOrd, Resolution REs-2011-673 [] Adopted [] Adopted as Amended [] Defeated yes/Aye No/Nay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supervisor's Appt C~0Pher Ta!bot Voter [] [] [] I~ [] Tax Receiver's Appt A!bert Kmpski Jr. Voter [] [] [] [] [] Rescinded Louisa P. Evans Initiator [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-674 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Execute the Modification Agreement Form Between the Town of Southold and the New York State Department of State RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Modification Agreement Form between the Town of Southold and the New York State Department of State in connection with extending the funding for Agreement #C006792 (Revision of Town Code to Implement Stormwater Management) to March 31,2012, subject to the approval of the Town Attorney. Vote Re~ord ~ Resolution RES~2011-674 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland hnitiator ~ [] [] [] [] Withdrawn Vincent Orlando Seconder [] [] [] [] [] Supervisor's Appt Christopher Talbot Voter [] [] [] El [] 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 2011-675 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney GIS Data Sharing Agreement W/The Nature Conservancy September 27,2011 Page 24 Southold Town Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the GIS Data Sharing Agreement between the Town of Southold and The Nature Conservancy, subject to the approval of the Town Attorney. -~ v0te Record ~ Resolution RES-20i i:675 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye : No/Nay : Abstain Absent [] Tabled William Ruland Voter [] : [] [] [] [] Withdrawn ~ineeni oflafid~ initiator [] : 13 13 FI [] Supervisor's Appt ChristoPher Talbo[ Voter [] [] [] [] [] Tax Receiver's Appt Albert Kmpski Jr. Seconder [] 13 [] [] [] Rescinded Louisa P. Evans Voter [] [] [] [] [] Town Clerk's Appt Scott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-676 CA TEGOR Y: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Agreement W/Cintas RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Standard Uniform Rental Service Agreement Renewal in connection with the Town's purchase of uniforms for the Solid Waste District employees, subject to the approval of the Town Attorney. Vote Record. ReSOlution RES-20tl-676 [] Adopted [] Adopted as Amended [] Defeated yes/Aye N0~ay Abstain Absent [] Tabled William Ruland Seconder [] [] [] [] [] Withdrawn Vincent Orlando Voter [] [] [] [] [] Supcrvisor's Appt Christopher Talbot V0~er El 13 13 ~ [] Tax Receivers Appt A!be~ ~p~k! Jr: Initiator [] [] [] [] [] Rescinded Louisa P. Evans Voter [] 13 [] [] [] Town Clerk's Appt S~ott Russell Voter [] [] [] [] [] Supt Hgwys Appt [] No Action Public Hearings None Closing Comments Supervisor Russell SUPERVISOR RUSSELL: That concludes the business of the Board. I would ask anyone that would like to speak on any issue to please feel free? John Lademan, Cutchogue September 27, 2011 Page 25 Southold Town Board Meeting Minutes JOHN LADEMANN: John Lademann, Cutchogue. I am just here to get an update on what is going on with the Samr situation on Alvah's Lane and my wife's house there. She couldn't be here because she is recuperating from surgery. But I would just like an update from the town on what is going on. The hi-low's are still running up on the road, losing boxes, stopping traffic. One day there was an accident down in town and what happened was, they detoured traffic up Alvah's Lane. Their tractor trailer was backing in, there was another tractor trailer behind it and there was 50 cars all the way to the bottom of the hill. And when those cars got through that, then they had to get down to the dual highway. And this was on a late Friday afternoon. Something has got to be done about making an entrance there for the tractor trailers and keep the hi-low's off the road. We would like to find out what is going on with the town, you were supposed to do something and nothing is happening. SUPERVISOR RUSSELL: We actually have legislation proposed that we are putting in to code committee that would put sunset provisions on site plan approvals that would give an applicant a specified period of time to comply with the requirements of the site plan and if they don't, they can lose site plan approval. I think, I believe we are scheduling the code committee meeting for either later this week or next week to get that fine tuned and up for public notice. MR. LADEMANN: Because it has been two years. SUPERVISOR RUSSELL: I know. Well, we, I hesitate to discuss it further because of ongoing legal issues that the town is discussing with regard to compliance there and another facility. MR. LADEMANN: We have seen where police cars have had to stop and wait for the tractor trailer to back in. SUPERVISOR RUSSELL: I know. MR. LADEMANN: And the lights were on, so it has got to be on a photo too, of what happened. Something has got to be done. SUPERVISOR RUSSELL: We agree. MR. LADEMANN: Okay. Thanks. SUPERVISOR RUSSELL: Marie, please. Marie Dominici, Mattituek MARIE DOMENICI: Made Domenici, Mattituck. Good evening everyone. Three questions. Number one, I would like to follow up, I guess, Scott, you had written a letter to the DOT about the truck signs. Are we anywhere closer to getting .... SUPERVISOR RUSSELL: I just received a letter from them recently declining the request for the signage for the truck route, to stay on the Main Road, (inaudible) the truck route to stay on the Main Road. They declined the request. I can give you a copy of that letter tomorrow. September 27, 2011 Southold Town Board Meeting Minutes Page 26 MS. DOMENICI: Did they say why or they just said no? SUPERVISOR RUSSELL: They said no. They sent traffic engineers out to review it, I believe they gave a very short one or two sentences as to why not. I have the correspondence for you, in fact will make sure you get it tomorrow. MS. DOMENICI: Yeah, because I would like to get a letter writing campaign going with those guys. Because they really have to see, you know, they sit in Hauppauge. What do they know what kind of traffic has an impact here. So, yes, if you would allow me a copy, that would be great. Two, I went to the Peconic school and I saw you guys did a great, great job. Kudos to all of you. Wonderful job and at the cost and the time invested and the aesthetics of it, it looks beautiful. So congratulations on accomplishing that. I was just wondering as the former chairwoman of the Energy Committee, you know I am a solar freak, so I was just wondering if there are going to be any opportunities, I see something here on your paperwork here that says proposed (inaudible) for solar installations. Are you planning to do solar on any of the buildings? SUPERVISOR RUSSELL: Yes, we are actually planning to do solar there and elsewhere. What we need right now is some cooperation from LIPA to make it cost effective for Southold Town. You need to remember that municipalities aren't first, they are not entitled to the rebates that homeowners are for the solar pioneer program. Secondly, the net metering issue. We are trying to get LIPA to agree to allow us to co-meter, to co-mingle our meters. The draw isn't really going to be at that site, it is going to be next door and of course, across the street which is the highway department and the police department. They had just proposed something to the New York power authority that would possibly allow or at the state level require entities like LIPA to provide for the co-mingling of the meters. Once they do that, we can make those investments and see the return immediately. One of the current problems is the substantial investment doesn't give us a return because even if we reduce our consumption to zero and it is not that much consumption on site, we essentially are producing a lot of electric that is going into the grid that we are not receiving benefit of. So we have been working on those issues with LIPA, Dave Cologne from Suffolk County, who, you just referenced that particular work item. That actually is legislation that the 10 towns are considering passing that would sort of make a universal application process for solar installation, so that the solar companies know what to expect from every town. The same requirements, it is meant to be a streamlined, simple process. MS. DOMENICI: Right. SUPERVISOR RUSSELL: That's, we actually agreed as a board today to adopt that, what we did ask if the chief building inspector to review it and give us his input. And we are doing lots of those types of things on this collective basis, to sort of standardize the fleet so to speak with regard to alternative and renewable energies. MS. DOMENICI: As far as the net metering though and LIPA not being in agreement with that, is there an opportunity to leverage the assemblyperson, the assemblyman to kind of maybe jump in our corner and try to make that happen? September 27, 2011 Page 27 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Oh, I think there very much is, absolutely. It is certainly an issue that we will take up with him but we have gotten good support in the past, we were very close to achieving an agreement with unfortunately a gentleman who didn't end up going, who is Kevin Law. Who understand the idea, was supportive of making changes and then shortly after that went over to the, I want the Long Island Association. MS. DOMENICI: Yes, he was at the Long Island Association. My only concern is and you know, the wheels of justice grind slowly and my only concern would be that the rebate rate could drop from the time you know, we are talking today, till the. time they actually implement by saying, okay, you can co-mingle, you can do all of this, so I would just recommend that you maybe you can get Assemblyman Losquadro or somebody to kind of push the button a little. SUPERVISOR RUSSELL: Right. MS. DOMENICI: Okay. SUPERVISOR RUSSELL: Okay. MS. DOMENICI: Otherwise thank you so much for your time. Have a good evening. SUPERVISOR RUSSELL: Anybody else? Benja Schwartz BENJA SCHWARTZ: Good evening, how are you doing? I was kind of inspired at the work session today when Councilman Ruland suggested the idea that maybe we would start up something at the, I am sorry, I am Benja Schwartz from Cutchogue in case anybody doesn't know me yet. Up at the transfer center, there was a suggestion that we perhaps redeem the returnable bottles there. And I was just wondering, I appreciate the discussion occurring but I didn't really hear the issue fleshed out. Do you know where the nickel goes, when you pay the nickel when you buy a bottle of Coke? Are you familiar with the chain of...well, I wasn't that familiar. COUNCILMAN RULAND: Well, in essence the nickel, how is the best way to describe that. You give a nickel, you give a nickel back. The only difference is the unclaimed nickels. MR. SCHWARTZ: Exactly. COUNCILMAN RULAND: The kind of nickels that now go into a fund that I think is administered by the DEC. MR. SCHWARTZ: Well, I did a little bit of research. May I share it with you? COUNCILMAN RULAND: And it is scary after that. MR. SCHWARTZ: What happened to Councilman Talbot? September 27, 2011 Page 28 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Councilman Talbot couldn't make the meeting or the work session today. He is at every other meeting, he just couldn't make it today. MR. SCHWARTZ: I hope he is okay. So, yeah the nickel is supposed to roll around in a circle in a cycle. The problem really is when people don't return the retumable containers, you know, what was happening is that the people who collected the nickel in the first place, instead of giving it back, they were just putting it in their pockets. When they changed the law last time, they said no, no, that is not really right. You have got to give 80% of it back at least. So now they only get to keep 20% but they still have an incentive to reduce recycling and prevent recycling. So really what your proposal this morning was about would be the town jumping in to step three on our little chart here. Step one being the, before the first nickel is paid by the store to the distributor or the bottler .... COUNCILMAN RULAND: When they buy it. MR. SCHWARTZ: When they buy the product. Right and then when we come to the store, we pay the store back. COUNCILMAN RULAND: Right. MR. SCHWARTZ: So that loop is pretty solid. But then the second loop is when we come into the store and the store gives us a nickel back, then the store tums around and goes back to the bottler or distributor to get the nickel that they, the original nickel, from them. In addition to that, there is a 3.5 cent handling charged for the distributors and the (inaudible) so, of course they don't like to pay that back, they would rather, you know, there not be any. But the town could step in at that point, the town would have to then provide the nickels to, you know, put out the nickels but the town would get the nickels back from the distributor. You know, one thing that has always bugged me is the way that if you buy something from one store, you can't go to another store and return it. You have to not only sort your returnables, you have to sort them by the stores. I always thought that it was the stores that were causing the problem, it is not, it is the distributors. And as I understand it, it is mostly the beer distributors, not the soda distributors. Coca Cola does not have a problem with giving the nickel back but some of the beer distributors, they are a little more, they have got their eyes on those nickels. So anyway, that is where we are at right now but I would like to keep working on that and see what we could do. The problem is that the way that the law is written, to create a redemption center, you need to have a contract from the distributors so that when you accept the bottles back, they will agree to reimburse you, when you pay out that nickel. And they give those contracts to the stores but the poor stores, they are in the middle both ways. You know, they are not really getting anything out of it, they have no incentive to recycle. There is a dis-incentive to recycle there. I think the town has the public really has the incentive to push the recycling, so I agree with you in your comment this morning that we should look into that, I think it would be very appropriate. COUNCILMAN RULAND: I think you misunderstood me, though. I wouldn't want to go into competition to private business, I was more concerned with the unredeemed containers that end up at the landfill. The town, in essence, if it could develop a contract with the distributor to September 27, 2011 Page 29 Southold Town Board Meeting Minutes return them, could keep the entire 8.5 cents. They wouldn't have to pay anybody anything. They are thrown away. They are in the waste stream. Are you following me? There are dozens and dozens and dozens and dozens of them, bottles and cans, bottles and cans. MR. SCHWARTZ: So you are saying... COUNCILMAN RULAND: Someone who bought them paid the nickel. MR. SCHWARTZ: If the town gets it for nothing, if the people would .... COUNCILMAN KRUPSKI: We are getting it for nothing now. COUNCILMAN RULAND: We are getting it for nothing now except we are just throwing it away. MR. SCHWARTZ: Right. COUNCILMAN RULAND: In essence, while we do, they are co-mingled in the recycles, they are co-mingled right in the recyclables, where they could, there could be a way to cull them out. Several people have suggested, alright, you heard one suggestion which is very elaborate and it is something the town could never, it is too small, it is too small a scale. But then you always look to people with entrepreneurial ideas. And if you could overcome that hurdle, where let's say an entity of some kind, whether it was an individual or a small company, whatever, would say, I will enter into this Town of Southold with you and I will develop a way to separate these out of your waste stream alright? And then contractually, the dollars and cents that are involved someway, the contractor gets something and you get the rest. MR. SCHWARTZ: Well, that is the way that it works. There are companies that go to the stores and they provide the machines and they do the accounting and they take away the recyclable materials plus they get a part of the handling fee, a percentage of that and they charge you lease fees for the machines but I don't understand when you say you don't want to go into competition, who would we be competing with? I am not talking about competition, I am talking about a partnership between the public and the corporations and the town that would enable us to live in a more cost effective and environmentally friendly manner. I think, you know, to think that we are going to get something for nothing and someone else is going to do the work for us and we are going to be competing with, I don't see any of the stores looking for business, that is the problem, there is no, not only no competition, the profit incentive here is providing a disincentive for these corporations to do a good job, so the job is not getting done. COUNCILMAN RULAND: The stores are doing it because they are required to. MR. SCHWARTZ: Right. They are being forced to. COUNCILMAN RULAND: I think it would be safe to say that any municipally operated system that you might develop, you would have to think long and hard and doing a cost analysis September 27, 2011 Page 30 Southold Town Board Meeting Minutes of whether, environmental benefits aside; whether this would run in a deficit or whether it could sustain itself. Because the costs of running a municipally operated anything are high. MR. SCHWARTZ: Absolutely. That factor is, you know, that is what it is all about. The money. COUNCILMAN RULAND: I will agree with you though, that everything starts with an idea... MR. SCHWARTZ: And it is not all about the money. COUNCILMAN RULAND: I agree. I agree. MR. SCHWARTZ: But the money is an important consideration. COUNCILMAN RULAND: Well, we can't be like the State of New York and take the taxpayers down a black hole. We can't do that. That is just not right. It has to be something that is feasible. And when you take an idea and say let's explore it more, that, to me that is what can be done and what can't be done. The only way you know is to look further. That is all. MR. SCHWARTZ: So what we need to do is to consider the possibility that the town could play a positive role and how would that work. And if there are people, beer distributors or whoever, who are going to stand in the way of that, for their private profit, we can't just step aside and let them screw up the works. Because those nickels are supposed to be going in a circle, same with the materials, the aluminum, the glass, the plastic, it is all supposed to be going in a circle. And right now it is, people are being forced to do it. They are not doing a good job. COUNCILMAN RULAND: But as you point out in your little handout, there is a great incentive to the State of New York for it not to work. If they take the unclaimed deposits. MR. SCHWARTZ: So that 20 percent could come back into the public, if there is an incentive for them to do it, to keep doing it the way they are doing it, that same incentive is sitting there waiting for us to... COUNCILMAN RULAND: For a better idea. It is sitting there waiting for a better idea. MR. SCHWARTZ: Thank you. COUNCILMAN RULAND: You are right. COUNCILMAN KRUPSKI: We really did take the first step today, the Supervisor was on this a couple of weeks ago. You know, at the dump, you used to separate your cans from your plastic and now you don't have to. They are co-mingled. And we have finally gotten to the point where the Board agreed that we should separate the cans from the plastic, and then at least the cans, we have a commodity that is saleable and has value to the town and the plastic, well, you know the plastic has some value but at this point, the co-mingled cans and plastic has zero value. So we September 27, 2011 Page 31 Southold Town Board Meeting Minutes are taking a step in the right direction. MR. SCHWARTZ: Promise I won't talk long. You are opening a can of worms there with talking about co-mingling but let me just ask you, was there a decision made today because I have been to a couple of the board meetings where this was discussed and it seems to me it was decided and undecided and decided again and undecided... SUPERVISOR RUSSELL: It was decided today, what we gave ourselves was two weeks to talk to the local carters so that they can be a part of the solution. I still tend to believe that most people are separating out cans from plastic. I don't even think that many of the people in the community know that they don't have to anymore. The decision was made a few years ago prior to this sitting Town Board when the new building was built because they simply didn't have room. So they thought it would be easier to locate the plastic and the cans into one vault because they built this mirror image vault, these different vaults, these different pits for the different categories and it is a mirror image. Almost like a McDonalds venue. Plastic and cans, plastic and cans. The reality is, you can have one committed to just plastic and one committed to just cans. But that was a decision, as explained to me by the director down there, that that was done simply for space reasons when they built that new rather expensive and rather ulmecessary building. MR. SCHWARTZ: Well, there is a lot we don't know and a lot that of misinformation on the town website and so currently we are still co-mingling at the transfer station, the plastic and the metal and that may or may not change but you will discuss it again after you get some input from the carters. SUPERVISOR RUSSELL: We are going to change it in two weeks. MR. SCHWARTZ: I offered some input on that also but at the time you told me, no, the discussion was over, it was finished and we don't want to hear anything more. SUPERVISOR RUSSELL: I doubt... MR. SCHWARTZ: Do you remember, do you remember what I offered? What my thought was? SUPERVISOR RUSSELL: You offer a great deal and I, for this specific issue fight now, I can't, if you jog my memory. MR. SCHWARTZ: Alright, I will jog your memory. It was the possibility of putting out three containers. One for co-mingled plastic and cans for people that don't wish to separate them or bring them to the landfill, the transfer station not knowing that the policy has changed or right now, the policy even without the, it doesn't seem to me like there would be any, it would be a big effort to put out one extra container and devote one of the current containers to either plastic or cans and give people an option. I think people like options. I think people can handle it. I think the smart people will start separating .... September 27, 2011 Page 32 Southold Town Board Meeting Minutes SUPERVISOR RUSSELL: Yes, I actually... MR. SCHWARTZ: They don't need to wait for the Town Board to make a decision. SUPERVISOR RUSSELL: You actually made that suggestion to me today at the work session and I thought that was a good idea. I did not shut you down. I thought that was a good idea but we have to, you made that to me today at the work session. But we are two weeks away... MR. SCHWARTZ: It was at the work session two weeks ago when I started to try to make it and you did shut me down. SUPERVISOR RUSSELL: I don't recall .... MR. SCHWARTZ: I am not trying to argue with you .... SUPERVISOR RUSSELL: No, I .... MR. SCHWARTZ: I am trying to offer you, if you want to know, if you want to start thinking about the possibility of getting some money for those returnable containers, this is an application from the DEC to become a redemption center. I am not suggesting that you fill it out right away but that you study it and see what is required and put that into your thinking process. COUNCILMAN KRUPSKI: Thanks. We need to give that to Jim Bunchuk. JUSTICE EVANS: I think that what Bill was explaining before, his idea was not to be a redemption center, it was to see if there was a possibility on cans that people were throwing away anyway, to be able to redeem those but not where the town became a redemption center where we are paying the nickel back. This is for cans that people are discarding anyway, that they are not going to redeem at the grocery store, the liquor store or wherever they bought it. COUNCILMAN KRUPSKI: Right. MR. SCHWARTZ: So in other words ..... COUNCILMAN KRUPSKI: Salvage them. MR. SCHWARTZ: We are going to make baby steps and we don't want to set our sights too high to be a redemption center, why not? Because it would be competing with the stores that are being forced to do it. So that is what I am heating. So I would like to suggest to you that whether we just return the cans and the bottles which are being dumped in with the recyclables or and our decreasing the, our increasing the profit incentive for the companies not to provide adequate redemption centers in commercial venues, then whether we do that or whether we become an official redemption center, we would still have to become a licensed facility. There is no cost, it is a very simple form. I don't think it would be a possibility but whether we accept all September 27, 2011 Page 33 Southold Town Board Meeting Minutes cans and give people nickels back or we just accept the cans and keep the nickels ourselves, a lot of people would be happy probably to donate their cans and nickels. JUSTICE EVANS: But another idea was to put them into the metal waste stream because you can get money for metals. MR. SCHWARTZ: Alright. Thank you very much. Supervisor Russell SUPERVISOR RUSSELL: response) Hearing none. Would anybody else like to address the Town Board? (No Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:15 P.M. Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Evans, Russell ABSENT: Christopher Talbot