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HomeMy WebLinkAboutAG-10/25/2011ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631 ) 765 - 1800 www. southoldt own.northfork.net FINAL AGENDA SOUTHOLD TOWN BOARD October 25, 2011 7:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Agenda is generally available the Friday before the meeting. The video of the meeting is usually available 1-2 hours after the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed in one of two ways: (1) The town of Southold website: southoldtown.northfork.net Click on "Town Board On- Line"; Click Box "Yes" to be redirected to IQM2 and you will then be redirected to the Town Clerk online site. (2) www.townclerk, com Enter zip code 11971 in box on lower right hand side and "enter". On the left hand side of screen a dark blue box will pop up, you will see "Town of Southold, Long Island, NY", click on this and another box will pop up that will tell you that you are being directed to another site click on "Yes" to go into the Town Clerk site. Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the meeting by clicking on the camera symbol. All of this information is available 24/7. If you would like help navigating the site, please feel free to call my office 631-765-1800. CALL TO ORDER 7:30 PM Meeting called to order on October 25, 2011 at Meeting Hall, 53095 Route 25, Southold, NY. I. REPORTS 1. Recreation Department Monthly Report September 2011 2. Budget August 2011 September 2011 3. Town Clerk September 2011 Southold Town Meeting Agenda - October 25, 2011 Page 2 4. Island Group Employee Health Care Plan Plan year 10/1/10 to 9/30/11 claims 5. Building Department September 2011 6. Program for the Disabled September 2011 7. Board of Trustees September 2011 8. Department of Solid Waste Monthly Report August 2011 September 2011 II. PUBLIC NOTICES NYS Liquor License Renewal Depot Lane Inc., d/b/a Red Rooster Bistro, Depot Lane, Cutchogue Marina E. Recinos d/b/a Rinconciot hispano Restaurant, Unit 7, Sterling Commons, Greenport Bedell North Fork LLC d/b/a Bedell Cellars, 36225 Main Rd., Cutchogue Legends Harborside Ltd., d/b/a Legends, 835 First Street, New Suffolk III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 A.M. - Jay Bredemeyer & Dr. Wally McGahan creeks and shellfish 2. 9:30 A.M. - Frances Leogrande & Robert Drucker Solar Windependence 3. 10:00 A.M. - Leg. Ed Romaine County Issues 4. 10:30 A.M. - Melissa Spiro Peconic Bay Region Community Preservation Fund Joint Town Coordinating Committee 5. 10:45 P.M. - Jim McMahon Expansion of Dog Park 6. 11:00 A.M. - Jeff Standish Energy efficiency for town facilities 7. Prepare RFP for Locating Solar And/Or Wind Installation of Town Buildings 8. Recommendation for CAC Appointment 9. Request for Use of Recreation Center 10. Transportation Commission Recommendations 11. LL/Tear Down Public Hearing tonight 12. LL/Stop Signs on Nassau Point Road Public Hearing tonight 13. LL/ Site Plan Amendments referred to Code Committee 14. 2012 Budget, Set Public Hearing Southold Town Meeting Agenda - October 25, 2011 Page 3 15. Executive Session - Labor Matters involving employment of particular person/s 16. Executive Session - Litigation Robert G. Bombara, et al. v. TOS Trustees, et al. 17. Request for Installation of Street Light MINUTES APPROVAL RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, September 27, 2011 Vote Record Acceptance of Minutes for September 27, 2011 7:30 PM Yes/Aye No/Nay Abstain Absent William Ruland [] [] [] [] [] Accepted Vincent Orlando [] [] [] [] [] Accepted as Amended Ctn'istopher Talbot [] [] [] [] [] Tabled Albert Krupski Jr. [] [] [] [] Louisa P. Evans [] [] [] [] Scott Russell [] [] [] [] RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, October 11, 2011 Vote Record Acceptance of Minutes for October 11, 2011 4:30 PM Yes/Aye No/Nay Abstain Absent William Ruland [] [] [] [] [] Accepted Vincent Orlando [] [] [] [] [] Accepted as Amended Ct~'istopher Talbot [] [] [] [] [] Tabled Albert Krupski Jr. [] [] [] [] Louisa P. Evans [] [] [] [] Scott Russell [] [] [] [] V. RESOLUTIONS 2011-704 CA TEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated October 2R 2011. v'VoteRecord ResolutionRES 2011 704 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action Southold Town Meeting Agenda - October 25, 2011 Page 4 2011-705 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held at 7:00 PM on Wednesday November 9~ 2011 at the Southold Town Hall, Southold, New York · /VoteRecord ResolutionRES 2011 705 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-706 CATEGORY: DEPARTMENT: Authorize to Bid Town Clerk 2011 Yearly Town Bids RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the followin~ items for 2012: Milk for the Human Resource Center Purchase of Police Department Uniform Clothing Cleaning of Police Department Uniform Clothing Gasoline for Town Vehicles Heating Fuel Oil for Town Buildings Diesel Fuel Oil for Highway Department and Transfer Station Bulk Ice Control Sand for the Highway Department Removal of Scrap Tires from the Transfer Station Household Hazardous Waste Removal Southold Town Meeting Agenda - October 25, 2011 Page 5 v'VoteRecord ResolutionRES 2011 706 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-707 CATEGORY: DEPARTMENT: Attend Seminar Human Resource Center Adult Day Care Supervisor to Attend Training - HRC RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to Jean DeLorme~ Adult Day Care Supervisor at Human Resource Center~ to attend a free workshop on Care~ivers' Practical Help sponsored by the Alzheimer's Disease and Assistance Center of Lon~ Island at Stony Brook University Medical Center in Stony Broolk New York, on Friday~ November 4th~ 2011. All expenses for travel to be a legal charge to the 2011 Programs for the Aging budget (travel expense). v'VoteRecord ResolutionRES 2011 707 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supeiwisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-708 CA TE GORY: Fmla DEPARTMENT: Accounting Grant fiML/I Leave to a Town Employee WHEREAS Employee # 1384 has been out of work due to non-work related condition since August 31, 2011, and WHEREAS the Town Board of the Town of Southold is required to comply with the Family Medical Leave Act (FMLA) and the Town's collective bargaining agreement with the PBA, now therefore be it Southold Town Meeting Agenda - October 25, 2011 Page 6 RESOLVED that the Town Board of the Town of Southold hereby grants an FMLA leave of absence for up to 12 weeks to Employee #1384 effective August 31, 2011. · /VoteRecord ResolufionRES 2011 708 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt CN'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-709 CATEGORY: DEPARTMENT: Grants Public Works B ittner Preserve Fiscal Impact: Request for a time extension of &e Bittner Preserve Improvement Project, funded by &e NFS DOS until June 30, 2012. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs that a request be made by the Department of Land Preservation to the New York State Department of State for a no-cost time extension for Contract Agreement #C006877 in connection with the Bittner Preserve Improvement Project, until December 31, 2012, all in accordance with the approval of the Town Attorney. · /VoteRecord ResolutionRES 2011 709 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supeiwisor's Appt CN'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-710 CATEGORY: DEPARTMENT: Misc. Public Hearing Town Clerk Set 4:35 PM,, Tuesday, November 22, 2011 for a Public Hearing to Hear Citizens Views on Local Housing and Community Development Needs Southold Town Meeting Agenda - October 25, 2011 Page 7 RESOLVED that the Town Board of the Town of Southold hereby sets 4:35 PM, Tuesday, November 22, 2011, Southold Town Hall, 53095 Main Road, Southold, New York 11971, as the time and place for a Public Hearing to hear citizens views on local housing and community development needs to be met with approximately $94,715.00 in Community Development Block Grant funds the Town of Southold expects to receive in April 2011 and authorizes the Town Clerk to publish an "Announcement of Public Hearing Notice". · /VoteRecord ResolufionRES 2011 710 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt CN'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hg~vys Appt [] No Action 2011-711 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Clerk Authorize Suloervisor Russell to Sign SubreciloientAgreements for 2011 CDBG Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to sign the Subrecipient Agreements for the 2011 Community Development Block Grant Program as follows: North Fork Housing Alliance $61,625 (Home Improvement Program) Robert Perry Child Day Center $ 6,375 Community Action Southold Town $ 5,100 Peconic Community Council $ 5,100 v'VoteRecord ResolutionRES 2011 711 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supeiwisor's Appt CN'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-712 CATEGORY: DEPARTMENT: Budget Modification Data Processing Southold Town Meeting Agenda - October 25, 2011 Page 8 FI Video Conferencmg Eq Budget Modification. Fiscal Impact: Reverse part of the Fishers Island Video Conferencmg Equipment Budget Modification adopted at the 2/15/11 TB meeting. Used equipment will be substituted instead. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2011 Data Processin~ budget as follows: TO: A. 1990.4.100.100 Unallocated Contingencies $1127.86 FROM: A. 1680.2.400.450 Workstation/Sever Periph $1127.86 · /VoteRecord ResolutionRES 2011 712 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hg~vys Appt [] No Action 2011-713 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to Oysterponds School to Hold Its Annual Halloween Parade in Orient, on Monday, October 31,2011 at 2:00 PM RESOLVED that the Town Board of the Town of Southold hereby grants permission for a police escort and permission to Oysterponds School to use the following route for its Annual Halloween Parade in Orient, on Monday, October 31, 2011 at 2:00 PM, beginning at the school, marching to Village Lane to Orchard Street to Tabor Road and returning to the school and, 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. Southold Town Meeting Agenda - October 25, 2011 Page 9 v'VoteRecord ResolutionRES 2011 713 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hg~vys Appt [] No Action 2011-714 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the Cutchogue Fire Department to Hold Its Annual Halloween Children's Parade m Cutchogue, on Monday, October 31, 2011 Beginning at 6:00 PM RESOLVED that the Town Board of the Town of Southold hereby grants permission for a police escort and to the Cutchogue Fire Department to use the following route for its Annual Halloween Children's Parade in Cutchogue, on Monday, October 31, 2011 beginning at 6:00 PM: begin at Case's Lane, proceed east on Main Road to New Suffolk Road, south on New Suffolk Road to the Cutchogue Firehouse, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact ChiefFlatley 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. v'VoteRecord ResolutionRES 2011 714 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-715 CATEGORY: DEPARTMENT: Close/use Town Roads Town Clerk Grant Permission to TI/ViGS, a Branch of the Eastern Long Island Ho~pital Auxiliary, to Close Love Lane, Mattituck on Friday Evening, December 2, 2011 from 4:00 PM to Midnight, for Its Annual Snow Ball Fiscal Impact: Southold Town Meeting Agenda - October 25, 2011 Page 10 Total police cost for &ia' event $253.28 RESOLVED that the Town Board of the Town of Southold hereby grants permission to TWIGS, a branch of the Eastern Long Island Hospital Auxiliary, to close Love Lane, Mattituck on Friday evening, December 2, 2011 from 4:00 PM to midnight, for its Annual Snow Ball, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured, remit the $100 fee Special Events fee, a $250 Clean- up deposit, an additional $253.28 as remuneration for the police, 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. · /VoteRecord ResolufionRES 2011 715 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supeiwisor's Appt CN'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-716 CATEGORY: DEPARTMENT: Budget Modification Accounting Budget Modification for CHIPs Reimbursement Fiscal Impact: Appropriate additional New Fork State CHIPs allocation which includes an increase m the current year's apportionment ($1,963.53) and last year's cumulative rollover balance ($13,572.07). RESOLVED that the Town Board of the Town of Southold hereby increases the Highway Fund Part Town 2011 budget as follows: Revenues: DB.3501.00 CHIPs Capital Payments Totals Appropriations: DB.5112.2.400.905 Consolidated Highway Improvement Totals $15,535.60 $15,535.60 $15,535.60 $15,535.60 Southold Town Meeting Agenda - October 25, 2011 Page 11 · /VoteRecord ResolutionRES 2011 716 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&'awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hg~vys Appt [] No Action 2011-717 CATEGORY: DEPARTMENT: Attend Seminar Land Preservation 31$tAnnual LIAg Forum 1/12 & 13/2012 WHEREAS, the Land Preservation Committee has made a recommendation to the Town Board that the Town of Southold participate as a vendor in the 31st Annual Long Island Agricultural Forum taking place on January 12 & 13, 2012, at the Eastern Campus of Suffolk County Community College in Riverhead, New York; and WHEREAS, it has been recommended that Melissa Spiro, Land Preservation Coordinator, and/or member(s) of the Land Preservation Committee, attend this event as a forum participant(s) at a complimentary exhibitor's booth to promote farmland preservation programs within the Town of Southold; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby grants permission to Melissa Spiro, Land Preservation Coordinator, and/or member(s) of the Land Preservation Committee, to st attend the 31 Annual Long Island Agricultural Forum on January 12 & 13, 2012 in Riverhead, New York, as a representative(s) and complimentary exhibitor(s) for the Town of Southold. · /VoteRecord ResolutionRES 2011 717 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&'awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-718 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Accounting Southold Town Meeting Agenda - October 25, 2011 Page 12 Authorizes and Directs Supervisor Scott A. Russell to Execute an Agreement Between the Town of Southold and ~Vational EAP, Inc. in Connection wi& an Employee Assistance Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and National EAP~ Inc. in connection with an Employee Assistance Program in the amount of $4.37 per month per employee for basic services including up to 10 hours of special training, critical stress management services up to 3 per year, and dispute mediation services of less than 6 hours, for the period November 1, 2011 through October 31, 2013, subject to the approval of the Town Attorney. · /VoteRecord ResolufionRES 2011 718 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supeiwisor's Appt CN'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-719 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Service Agreement Between the Town of Sou&old and Taylor-Air lnc. in Connection wi& Servicing &e Refrigeration Equipment at &e Human Resource Center RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Service Agreement between the Town of Southold and Taylor-Air Inc. in connection with servicing the refrigeration equipment at the Human Resource Center, for a term of one year at a cost of $1,775.00, subject to the approval of the Town Attorney. ffVoteRecord ResolutionRES 2011 719 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supeiwisor's Appt CN'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-720 Southold Town Meeting Agenda - October 25, 2011 Page 13 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget ~odif ication Fishers Island Sewer District Fiscal Impact: ~lppropriate additional funds for septic system pumping during 2011 RESOLVED that the Town Board of the Town of Southold hereby increases the Fishers Island Sewer District 2011 budget as follows: Revenues: SS2.5990.00 Appropriated Fund Balance $5,200 Total $5,500 Appropriations: SS2.8160.4.000.000FI Sewer District, Contractual Expenses $5,200 Total $5,500 v'VoteRecord ResolutionRES 2011 720 [] Adopted [] Adopted as Panended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-721 CATEGORY: DEPARTMENT: Misc. Public Hearing Town Clerk Set PH for 2012 Budget RESOLVED that the Town Board of the Town of Southold does hereby prepare and approve the 2012 Preliminary Budget and 2012 Preliminary Capital Budget of the Town of Southold for the fiscal year beginning on the 1st day of January, 2012, the itemized statement of estimated revenues and expenditures hereby attached and made a part of this resolution; and be it FURTHER RESOLVED that this Town board shall meet at 4:00 PM, Wednesday, on the 9th of November, 2011, at the Southold Town Hall for the purpose of holding a public hearing on the Preliminary Budget, and after all persons attending said hearing shall have had an opportunity to be heard in favor or against the Preliminary Budget as compiled, or for or against any item and items therein contained, that said hearing be then recessed and thereafter convened at 7:00 PM on said day for the same purpose; and be it Southold Town Meeting Agenda - October 25, 2011 Page 14 FURTHER RESOLVED that the Preliminary Budget will be available for viewing on the Southold Town official website: southoldtown.northfork.net, and be it FURTHER RESOLVED that the Town Clerk shall give notice of such hearings in the manner provided for in Section 108 of the Town Law and that such notice be published in substantially the following form: NOTICE OF PUBLIC HEARING ON THE 2012 PRELIMINARY BUDGET AND 2012 PRELIMINARY CAPITAL BUDGET NOTICE IS HEREBY GIVEN that the Preliminary Budget and Preliminary Capital Budget of the Town of Southold, Suffolk County, New York for the fiscal year beginning on January 1, 2012 has been prepared and approved by the Southold Town Board and filed in the Office of the Town Clerk at the Southold Town Hall, 53095 Main Road, Southold, New York, where they are available for inspection and where copies may be obtained by any interested person during business hours. FURTHER NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Southold will meet and review said Preliminary Budget and Preliminary Capital Budget and hold a public hearing thereon at the Southold Town Hall, 53095 Main Road, Southold, New York, in said Town at 4:00 p.m. and at 7:00 p.m., on Wednesday, November 9, 2011, and at such hearing any persons may be heard in favor of or against the 2012 Preliminary Budget and 2012 Preliminary Capital Budget as compiled, or for or against any item or items therein contained. FURTHER NOTICE IS HEREBY GIVEN that pursuant to Section 108 of the Town Law, the following are proposed yearly salaries of members of the Town Board, the Town Clerk and the Superintendent of Highways: SCHEDULE OF SALARIES OF ELECTED OFFICIALS (ARTICLE 8 OF TOWN LAW) Officer Supervisor $ 86,992 Members of the Town Board (4) ~ $ 30,067 Town Justice and Member of the Town Board, Fishers Island $ 47,162 Town Justices (2) ~ $ 64,118 Town Clerk $ 90,275 Superintendent of Highways $ 95,857 Tax Receiver $ 34,674 Assessors (3) ~ $ 66,214 Trustees (5) ~ $ 15,484 Southold Town Meeting Agenda - October 25,2011 Page 15 SUMMARY OF TOWN BUDGET 2012 PRELIMINARY Appropriations Less: Less: and Provisions Es~nated Unexpended Amount to be Code Fund for Other Uses Revenues Balance Raised by Tax A General $ 27,885,224 $ 3,862,963 $ 1,609,500 $ 22,412,761 B General-Outside Village 2,114,022 1,262,800 263,643 587,579 DB Highway Ftmd 5,426,148 376,369 290,000 4,759,779 CD Commtmity Development 94,715 94,715 CS Risk Retention Ftmd 532,500 532,500 H3 Commtmity Preset-cation Fund 5,476,319 3,690,758 1,785,561 MS Employees Health Plan 4,124,568 3,980,890 143,678 Total-Town $ 45,653,496 $ 13,800,995 $ 4,092,382 $ 27,760,119 DB1 Orient Road Improvement Dist $ 3,770 $ $ 800 $ 2,970 SF East-West Fire Protection Dist 744,787 400 998 743,389 SM Fishers Island Fe~Ty Dist 3,315,000 2,515,000 50,000 750,000 SR Solid Waste Management Dist 4,093,728 2,128,500 158,414 1,806,814 SS1 Southold Wastewater Dist 116,650 15,300 101,350 SS2 Fishers Island Sewer Dist 34,600 32,471 2,129 F.I. Waste Management Dist 718,900 40,000 152,000 526,900 Orient Mosquito Dist 80,000 80,000 Subtotal- $ 9,107,435 $ 4,716,371 $ 379,641 $ 4,011,423 Special Districts Orient-East Marion Park Dist $ $ $ $ Southold Park District 315,000 315,000 Cutchogue-New Suffolk Park 140,000 10,000 130,000 Dist. Matfituck Park District 588,360 33,500 150,000 404,860 Subtotal-Park Districts $ 1,043,360 $ 33,500 $ 160,000 $ 849,860 Fishers Island Fire District $ 395,200 $ 1,000 $ $ 394,200 Orient Fire District 585,038 48,028 537,010 East Marion Fire District 602,332 57,400 45,000 499,932 Southold Fire District 1,803,275 22,493 1,780,782 Cutchogue Fire District 1,251,525 1,000 1,250,525 Matfituck Fire District 1,793,800 1,793,800 Subtotal-Fire Districts $ 6,431,170 $ 129,921 $ 45,000 $ 6,256,249 LTotal-AllDistricts I $ 16,581,965 I $ 4,879,792 I $ 584,641 I $ 11,117,532 L Grand Totals This Page I 62,235,460.81 I 18,680,787.00 I 4,677,023.00 L 38,877,650.81 2012 Tax Statistics Preliminary [ 2011 Tentative Assessed Values Per Assessors Fund Assessed Valuations Amount Percentage For 2011 For 2012 Change Change Whole Town 108,465,500 108,282,986 (182,514) -0.17% Whole Town Pro-rata receivable's 44,897 57,448 12,551 27.96% Pa~ Town 103,407,797 103,235,040 (172,757) -0.17% Solid Waste District 105,297,941 104,928,995 (368,946) -0.35% Southold Town Meeting Agenda - October 25,2011 Page 16 Wastewater Disposal District 98,428,470 98,089,774 (338,696) -0.34% Approprialions I 2011 Approp Per Revised 2012 Amount Percentage Fund Budget Approp Change Change General Fund Whole Town 27,693,821 27,885,224 191,403 0.69% General Fund Pan Town 2,135,524 2,114,022 (21,502) -1.01% Highway Fund 5,344,868 5,426,148 81,280 1.52% Community Development 110,500 94,715 (15,785) -14.29% Solid Waste District 3,842,996 4,093,728 250,732 6.52% Wastewater District 177,385 116,650 (60,735) -34.24% Total Approprialions 39,305,094 39,730,487 425,393 1.08% [ Iaxes 2011 2012 Amount Percentage Fm~d Taxes Taxes Change Change General Fund Whole Town 21,734,453 22,412,761 678,308 3.12% General Fund Pan Town 783,364 587,579 (195,785) -24.99% Highway Fund 4,583,931 4,759,779 175,848 3.84% Solid Waste District 1,877,246 1,806,814 (70,432) -3.75% Wastewater District 101,350 101,350 N/A Total Taxes 28,978,994 29,668,283 689,289 2.38% Tax Rate I 2011 2012 Amount Percentage Fm~d Tax Rate Tax Rate Change Change General Fund Whole Town 199.968 206.453 6.485 3.24% General Fund Pan Town 7.576 5.692 (1.884) -24.87% Highway Fund 44.329 46.106 1.777 4.01% Solid Waste District 17.827 17.219 (0.608) -3.41% Wastewater District 1.033 1.033 N/A Total Tax Rate 269.700 276.503 6.803 2.52% 2011 Per Revised 2012 Amount Percentage Fund Budget Revenues Change Change General Fund Whole Town 4,396,406 3,862,963 (533,443) -12.13% General Fund Pan Town 1,094,760 1,262,800 168,040 15.35% Highway Fund 532,937 376,369 (156,568) -29.38% Community Development 110,500 94,715 (15,785) -14.29% Solid Waste District 1,858,750 2,515,000 656,250 35.31% Wastewater District N/A Total Revenues 7,993,353 8,111,847 118,494 1.48% Appropriated Fund Balance I 2011 APP FB Per Revised 2012 Amount Percentage Fund Budget APP FB Change Change General Fund Whole Town General Fund Pan Town Highway Fund Solid Waste District Wastewater District Total Appropriated Fund Balance 1,562,961 1,609,500 46,539 2.98% 257,400 263,643 6,243 2.43% 228,000 290,000 62,000 27.19% 107,000 50,000 (57,000) -53.27% 177,385 15,300 (162,085) -91.37% 2,332,746 2,228,443 (104,303) -4.47% Southold Town Meeting Agenda - October 25, 2011 Page 17 [] Vote Record- Resolution RES-2011-721 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~Msor's Appt Ctu4stopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krapski Jr. [] [] [] [] [] Resch~ded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-722 CATEGORY: DEPARTMENT: Budget Modification Human Resource Center Disposable & Program Supplies Funding Fiscal Impact: Transfer funds to cover shortfall RESOLVED that the Town Board ofthe Town of Southold hereby modifies the 2011 General Fund Whole Town budget as follows: From: Appropriations A. 6772.4.600.100 A. 6772.4.600.300 A. 6772.4.600.700 A. 6772.4.100.500 To: Appropriations A. 6772.4.100.150 A. 6772.4.100.110 Programs for the Aging Miscellaneous Advertising Travel Reimbursement Licenses & Permits Contractual Expense Motor Vehicle Parts/Supplies (Total: $125.00 $400.00 $150.00 $1820.00 $2495.00) Programs for the Aging Supplies & Materials' Disposables $2195.00 Program Supplies & Materials $300.00 (Total: $2495.00) ~VoteRecord ResolutionRES 2011 722 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt CN'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action Southold Town Meeting Agenda - October 25, 2011 Page 18 2011-723 CATEGORY: DEPARTMENT: Bid Acceptance Highway Department Accept Bid for Highway Equipment RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of All Island Equipment Corp., of West Babylon, New York, who was the lowest bidder to fully meet all bid specifications in full for the attachments to couple to the Town-owned 2011 Takeuchi TL240 Rubber Track Loader, as follows: Item # 1 One (1) new 2011 Interstate 12,000 lb. Capacity Trailer Item # 2 One (1) new 2011 Backhoe BH Edge/CE attachment, together with an 18" digging bucket Item # 3 One (1) new 2011 Cold Planer Universal/Coneqtec attachment $ 6,995.00 $11,200.00 $16,900.00 T~al $35,095.00 All the above as subject to the approval of the Town Board and Town Attorney, and be it FURTHER RESOLVED that the appropriation line to be charged will be as follows: H.5130.2.300.400 ~VoteRecord ResolutionRES 2011 723 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-724 CATEGORY: Attend Seminar DEPARTMENT: Accounting Permission for Comptroller to A trend Capital One Bank's Commercial Card Breal~ast Semin ar RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to Town Comptroller John Cushman to attend Capital One Bank's complimentary Commercial Southold Town Meeting Agenda - October 25, 2011 Page 19 Card Breakfast Seminar in Melville. New York on November 4, 2011. All expenses to be a legal charge to the 2011 Accounting & Finance Department budget. · /VoteRecord ResolutionRES 2011 724 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-725 CATEGORY: DEPARTMENT: Committee Resignation Town Attorney Accepts the Resignation of Cynthia d. Riley from the Fishers ]sland Waste Management District Board of Commissioners Effective August 15, 2011 RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Cynthia J. Riley from the Fishers Island Waste Management District Board of Commissioners effective August 15, 2011. · /VoteRecord ResolutionRES 2011 725 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-726 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement Between the Town of $outhold and P~Y Express Marketing Inc. in Connection with Advertising on Paper Prescription Bags at King Kullen for the Human Resource Center 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 RX Express Marketing Inc. in connection with advertising on paper prescription bags at King Kullen for the Human Resource Center, subject to the approval of the Town Attorney. Southold Town Meeting Agenda - October 25, 2011 Page 20 v'VoteRecord ResolutionRES 2011 726 [] Adopted [] Adopted as Panended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hg~vys Appt [] No Action 2011-727 CATEGORY: DEPARTMENT: Attend Seminar Public Works LIPA Energy Solutions Expo RESOLVED that the Town Board of the Town of Southold hereby ~rants permission to Tim Abrams to attend a LIPA Energy Solutions Expo~ at the Huntington Hilton~ Melvffie~ NY~ on November L 2011. All expenses for registration (free), travel to be a legal charge to the 2011 DPW budget (meetings and seminars). v'VoteRecord ResolutionRES 2011 727 [] Adopted [] Adopted as Panended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-728 CATEGORY: DEPARTMENT: Budget Modification Town Attorney Amend Resolution No. 2011-495 Fiscal Impact: cover expenses associated with recording fees for recording two deeds RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2011-495 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2011 budget as follows for the purpose of covering expenses associated in Southold Town Meeting Agenda - October 25, 2011 Page 21 connection with the recording fees for the Town's acquisition of two parcels (SCTM 1000-15-5- 24.28 and 1000-15-5-25.2) from the County of Suffolk for drainage and road maintenance purposes: TO: A. 1010.4.500.700 FROM: A. 1990.4.100.100 Town Board, Title Fees Unallocated Contingencies +$q00.00 +$800.00 SqOO.OO-$800.00 · /VoteRecord ResolutionRES 2011 728 [] Adopted [] Adopted as Panended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] WithO'awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hg*vys Appt [] No Action 2011-729 CATEGORY: DEPARTMENT: Public Service Town Attorney Directs the Highway Department to Mstall a Warning "Stop Ahead" Sign for the Northbound Stop Sign on Nassau Point Road WHEREAS, the Town Board of the Town of Southold, on October 25, 2011 enacted Local Law No. 14 of2011, designating the intersection of Nassau Point Road and Vanston Road a stop sign intersection; and WHEREAS, the Southold Transportation Commission has recommended in a Memorandum dated July 5, 2011 that in addition to placing stop signs at this intersection that a "stop ahead" warning sign be erected for the northbound stop sign on Nassau Point Road. NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold hereby directs the Highway Department to install a warnin~ "stop ahead" si~n for the northbound stop si~n on Nassau Point Road in accordance with all traffic and safety rules and regulations. Southold Town Meeting Agenda - October 25, 2011 Page 22 v'VoteRecord ResolutionRES 2011 729 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hg~vys Appt [] No Action 2011-730 CATEGORY: DEPARTMENT: Litigation Town Attorney Retains Frank A. Islet, Esq. as Special Counsel in the Supreme Court, Suffolk County Civil Action Entitled "Robert G. Bombara and Margaret M. Bombara I4 Town Board of the Town of Southold and Board of TrmCees of the Town of Southold" Under Index 37o. 11-32028 RESOLVED that the Town Board of the Town of Southold hereby retains Frank A. Isler~ Esq. as Special Counsel in the Supreme Court~ Suffolk County civil action entitled "Robert G. Bombara and Margaret M. Bombara v. Town Board of the Town of Southold and Board of Trustees of the Town of Southold" under Index No. 11-32028. v'VoteRecord ResolutionRES 2011 730 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-731 CATEGORY: DEPARTMENT: Advertise Town Clerk HPC Resignation & Advertise RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Barbara Schnitzler from the Historical Preservation Commission and be it further RESOLVED that the Town Clerk is hereby authorized and directed to advertise for this position. Southold Town Meeting Agenda - October 25, 2011 Page 23 · /VoteRecord ResolutionRES 2011 731 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hg~vys Appt [] No Action 2011-732 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk CAC Appointment RESOLVED that the Town Board of the Town of Southold hereby appoints William McDermott as a member of the Southold Town Conservation Advisory Committee, term to expire March 31, 2013. · /VoteRecord ResolutionRES 2011 732 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-733 CATEGORY: DEPARTMENT: Support/Non-Support Resolution Town Clerk Support of Trustees Resolution RESOLVED that the Town Board of the Town of Southold hereby ratifies and supports the Trustees resolution requesting that the Suffolk County Department of Public Works engineer, plan and perform a beach nourishment project to dredge and reclaim the Gull Pond beach at Norman E. Klipp Park in Greenport. Southold Town Meeting Agenda - October 25, 2011 Page 24 v'VoteRecord ResolutionRES 2011 733 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&'awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-734 CATEGORY: Authorize Payment DEPARTMENT: Town Clerk Re fun d Donations for ABTF Picnic WHEREAS the Anti-Bias Taskforce's 2nd Annual Picnic was cancelled due to Hurricane Irene, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the refund of all donations received for the picnic. v'VoteRecord ResolutionRES 2011 734 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] With&'awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ct~'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-735 CATEGORY: DEPARTMENT: Seqra Town Attorney LL/Tear Down SEQRA RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local law entitled "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Buildin~ Code Administratiom and Chapter 280~ Zoning" 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 October 20, 2011, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP Southold Town Meeting Agenda - October 25, 2011 Page 25 pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. · /VoteRecord ResolutionRES 2011 735 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-736 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact LL # 13 Chapter 144 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 27thth day of September, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 144~ Fire Prevention and Buildin~ Code Administration~ and Chapter 280~ Zonin~" and 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 144~ Fire Prevention and Buildin~ Code Administration, and Chapter 280, Zonin~" reads as follows: LOCAL LAW NO. 13 of 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 144, Fire Prevention and Buildin~ Code Administratiom 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 Southold Town Meeting Agenda - October 25, 2011 Page 26 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. C. 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 thereo£ (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. (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)(.i)Each application for a building permit for a new dwelling unit shall be Southold Town Meeting Agenda - October 25,2011 Page 27 (k) (/)(D accompanied by plans and specifications bearing the signature and original seal of a licensed professional engineer or architect. In instances where a Notice of Disapproval has been issued bT the Building Inspector and an application for a building permit is submitted after subsequent review and approval bT 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" bT the respective Board and a copt of the Board's final determination. 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. III. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-4. Del'tuitions. The following definitions have been added and/or revised: ALTERATION - modification made in or on an existing building or structure that does not increase its exterior dimensions. DEMOLITION - AnT 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 ant door or window, the reconfiguration or extension of ant sTstem, or the installation of ant additional equipment). ENLARGEMENT - As applied to an existing structure, ant activitT causing an increase in one or more exterior dimensions of the building or structure or ant part thereo£ RECONSTRUCTION - Following demolition, the replacement, in place and in kind, of a Southold Town Meeting Agenda - October 25, 2011 Page 28 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 rcmc~c!/ng 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 rcmc~c!/ng 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 of a 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. In addition, all other setback and area requirements shall apply. (b) Nothing in this article shall be deemed to prevent the rcmc~c!ing 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 Southold Town Meeting Agenda - October 25, 2011 Page 29 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: (1) 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. (2) Withdrawals from said escrow account may be made from time to time to 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 1/4 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 1/2 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. Southold Town Meeting Agenda - October 25, 2011 Page 30 (3) 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. v'VoteRecord ResolutionRES 2011 736 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withch-awn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action 2011-737 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk LL #14 of2011 Stop SIgns Nassau Pt wHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 27thth 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" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 260~ Vehicles and Traffic, in connection with Stop Signs on Nassau Point Road" reads as follows: LOCAL LAW NO. 14 of 2011 Southold Town Meeting Agenda - October 25, 2011 Page 31 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". BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose. TralTlC moving uninterrupted at a high rate of speed along Nassau Point Road in Cutchogue has resulted in a safety concern for the residents in that area, as well as for traffic moving along cross streets. Accordingly, to maintain public 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: At Intersection Location Stop Sign On Direction of Travel With (hamlet) Nassau Point Road North Vanston Road Cutchogue Nassau Point Road South Vanston Road Cutchogue 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. v'VoteRecord ResolutionRES 2011 737 [] Adopted [] Adopted as Amended [] Defeated Yes/Aye No/Nay Abstain Absent [] Tabled William Ruland [] [] [] [] [] Withdrawn Vincent Orlando [] [] [] [] [] Supe~wisor's Appt Ctn'istopher Talbot [] [] [] [] [] Tax Receiver's Appt Albert Krupski Jr. [] [] [] [] [] Rescinded Louisa P. Evans [] [] [] [] [] Town Clerk's Appt Scott Russell [] [] [] [] [] Supt Hgwys Appt [] No Action Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjoumed at P.M. Southold Town Meeting Agenda - October 25, 2011 Page 32 Elizabeth A~ Neville Southold Town Clerk VI. PUBLIC HEARINGS Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearing. 7:32 PM 10/25/11 - PH LL/Tear Down Set PH LL/Stop Signs on Nassau Point Road